Sage-grouse Management

1. Sage-grouse Management

2. Sage-grouse Management Traditional protections, background and highlights BLM Wyoming Policy and differences in habitat protection BLM Policy implementation to minimize the likelihood of a �warranted� listing decision

3. Sage-grouse Habitat Potential threats within WY sage-grouse habitat invasive species, off road vehicle use, vegetation treatments, livestock grazing, residential development, wildfires, energy development and many other potential land uses with potential threats/impacts

4. Traditional Management Generally, traditional protections are � mile NSO or CSU around leks; and 2-mile seasonal TLS Sometimes winter limitations but generally uncommon across the range of the bird

5. Timeline of Events Since 1999, the USFWS has seen several petitions to list the sage-grouse under ESA Increased risk of listing action spurred research efforts In Wyoming research focused on impacts related to energy development

6. Timeline of Events In Nov. 2004, the BLM issued the National Sage-Grouse Habitat Conservation Strategy In Jan. 2005, the USFWS determined the bird was �not warranted� for listing under the ESA (FR / Vol. 70, No. 8 / Wednesday, January 12, 2005 / Proposed Rules) The 2005 determination noted the need to expand all current efforts to conserve Greater sage-grouse and its habitat -primary actions left undone until now include, the Habitat Assessment Framework for inclusion in rangeland health assessments, develop locally adaptable national-level guidance for sagebrush habitat management objectives in LUPs, develop livestock grazing BMPs for sage-grouse habitat, and more� -primary actions left undone until now include, the Habitat Assessment Framework for inclusion in rangeland health assessments, develop locally adaptable national-level guidance for sagebrush habitat management objectives in LUPs, develop livestock grazing BMPs for sage-grouse habitat, and more�

7. Timeline of Events In part, the USFWS Decision included a number of conservation actions that BLM would work toward thru the National Strategy Documentation and Reports of BLM efforts and accomplishments are incomplete

8. Timeline of Events In 2006 - several NGOs file lawsuit to revisit the listing decision Investigation of department-level political influence in ESA listing decisions Results of investigation are referenced in Judge Winmill�s decision

9. Timeline of Events In 2007, U.S. District Court Judge Winmill ordered reconsideration of the 2005 �not warranted� determination (Case No. CV-06-277-E-BLW) In July 2007, Gov. Dave Freudenthal hosted 2-day Sage-grouse Summit This led to the Gov�s Implementation Team In January 2008, an Ad Hoc Committee of State agency biologists met and developed a Multi-State Science Document (see handout)

10. Multi-State Science Document Document is a fairly concise 10 page document summarizing the collective findings of several research efforts concerning oil and gas development and sage-grouse Pertinent to Management Zones I&II

11. SG Management Zones�

12. The Core Area Strategy In 2008, the State of Wyoming and the USFWS agree in writing that, ��the core population area strategy is a sound framework for a policy by which to conserve sage-grouse� Gov. Freudenthal then issued EO 2008-2, giving the Core Area Strategy the go ahead Goal is pretty clear - avoid any need for listing The Executive Order provided 12 Directives to WY State Agencies

13. Executive Order � handout� 3. �New development or land uses within Core Population Areas should be authorized or conducted only when it can be demonstrated by the state agency that the activity will not cause declines in Greater Sage-Grouse populations.� 7. �Incentives to accelerate or enhance required reclamation in habitats adjacent to Core Population Areas should be developed, including but not limited to stipulation waivers, funding for enhanced reclamation, and other strategies.� 11. �State agencies work collaboratively with the U.S. Fish and Wildlife Service, Bureau of Land Management, U.S. Forest Service, and other federal agencies to ensure, to the greatest extent possible, a uniform and consistent application of this Executive Order to maintain and enhance Greater Sage-Grouse habitats and populations.�

14. Core Areas Development

15. Core Areas Today

16. Timeline of Events June 1, 2009 � WGFD posts final �Recommendations for Development of Oil and Gas Resources within Important Wildlife Habitats� http://gf.state.wy.us/downloads/pdf/OGRecommendations �Studies in Avian Biology� and associated �Sage-grouse monograph� -the USFWS makes settlement agreement to delay listing decision until Feb 2010 http://sagemap.wr.usgs.gov/monograph.aspx

17. Timeline of Events ESA Listing Decision by February 26 on Order of the District court Note that publication in the Federal Register may take an additional week� On January 4th, 2010 BLM forwarded: IM � 2010-012 to Wyoming BLM District and Field Offices

18. Wyoming Sage-grouse Policy BLM, the WGFD and the Governor�s Office have worked together more than a year to develop the Wyoming BLM Greater sage-grouse Policy (WY IM 2010-012)

19. Wyoming BLM Policy �It is the policy of the Wyoming BLM to manage sage-grouse seasonal habitats and maintain habitat connectivity to support population objectives set by the Wyoming Game and Fish Department (WGFD).�

20. BLM Policy- 10 Statements Ten policy statements Habitat Mapping and Assessment Timing, Distance and Density Restrictions Conservation Objectives and Mitigation Project Locations and Analyses Resource Management Plans (RMPs) Lek Data West Nile Virus Use of Dogs Monitoring Effectiveness Variances

21. Policy Statement 1 Habitat Mapping and Assessment Continue work with our partners to develop maps and primarily the seasonal habitat model Connectivity and movement corridors � Genetics� Fenceline and guy wire priorities- WO IM 2010-022

22. Policy Statement 2 Timing, Distance and Density Restrictions Provides guidance related to the consideration of protections/restrictions that support population objectives set by WGFD Core Area strategy � potential changes� Consider application of 6/10 CSU around leks inside Core Consider seasonal timing protection for ALL nesting and early brood rearing habitat inside Core Consider winter timing limitation on pertinent habitats both inside and outside Core There are some winter habitats not captured, but are suspected to support some of the Core populations Goal of limiting number of disturbances to 1 location per 640 acres and less than 5%

23. Policy Statement 2 Surface disturbance and disruptive activities: Defined in WY IM-2008-029 And key to note that if an action requires human presence/activity for more than one hour in a 24 hour period, then it would generally be considered disruptive to wildlife in the area Density restrictions apply at essentially 1 disturbance per 640 acres. This will be measured and agreed to upon individual, case-by-case basis right now... -We�ll talk more about this, but think �Landscape-scale� for this goal. We know it can�t be met everywhere, but we must achieve this goal across the landscape to successfully conserve the bird�s habitat

24. Policy Statement 2 Field Offices may vary in their application of these conservation measures and restrictions. Where locally collected, scientific data and information is included in a NEPA analysis, including existing Records of Decision More on variances in Statement 10.

25. Policy Statement 3 Conservation Objectives and Mitigation Ensure documentation includes measureable conservation objectives whether inside or outside Core Work with proponents to: develop on-site mitigation ideas/plans, provide greater application and use of BMPs and develop any voluntary off-site, compensatory mitigation plans, as appropriate BLM Wyoming, must recognize the population objectives of the WGFD when considering project mitigation Conservation measures will be incorporated as COAs on the permit, POD, or other BLM authorization where appropriate

26. Policy Statement 4 Project Location and Analyses Consider valid existing rights and work with proponents to ensure measureable objectives for conservation Effects Analysis � Consider potential impacts to seasonal habitats. sage-grouse use habitats within 11-miles (~18km) and more of their lek (WAFWA Guidelines)

27. Policy Statement 5 Resource Management Plans (RMPs) Must follow guidance from the BLM�s National Sage-Grouse Habitat Conservation Strategy (BLM 2004) Identify a range of alternatives that considers and evaluates the information in the IM Objectives for maintenance and improvement of habitat. Identify any areas that would be unavailable for leasing or wind development, etc.

28. Policy Statement 6 Lek Data WGFD is the keeper of the official lek database Annual lek counts will be coordinated with the WGFD

29. Policy Statement 7 West Nile Virus Water impoundments built to prevent the spread of west nile virus Primary among the standards limit shallow water and vegetation which encourages breeding of the mosquito that acts as an intermediate host to the virus.

30. Policy Statement 8 Use of dogs Field Offices will not accept the use of dogs as a sole mechanism for detecting nesting sage-grouse in an Specific to efforts that would provide exceptions during the nesting season Mortality is always an important consideration when choosing methodologies for conducting site clearances.

31. Policy Statement 9 Monitoring Effectiveness Monitor to determine effectiveness of measures and directives Field Offices are directed to establish monitoring protocols and incorporate them into project approvals as necessary. Small, or �in-house�, BLM projects will have a monitoring plan

32. Policy Statement 10 Variances: Deviation from policy should be limited, Variance where locally collected, scientific data and information is supported by a comprehensive NEPA analysis presents �compelling� justification� Approval for variance is not required beyond the Authorized Officer (usually the Field Manager) level Notification of variable actions is necessary for awareness and tracking

33. Authorization Screen

34. Authorization Screen

35. Contact Information