USDA Forest Service USDI Bureau Of Land Management .

UNITED STATES DEPARTMENT OF COMMERCENational Oceanic and Atmospheric AdministrationNATIONAL MARINE FISHERIES SERVICENorthwest Region7600 Sand Point Way N.E., Bldg. 1Seattle, WA 98115Refer to NMFS Nos.:FS:2008/03505BLM: 2008/03506BIA:2008/03507June 27, 2008Calvin JoynerActing Regional Forester, Region 6USDA Forest ServiceP.O. Box 3623Portland, Oregon 97208Edward W. ShepardDirector, Oregon/WashingtonUSDI Bureau of Land ManagementP.O. Box 2965Portland, Oregon 97208Stanley SpeaksRegional Director, Northwest RegionBureau of Indian Affairs911 NE 11th Ave.Portland, Oregon 97232Re:Reinitiation of the Endangered Species Act Section 7 Formal Programmatic Consultationand Magnuson-Stevens Fishery Conservation and Management Act Essential FishHabitat Consultation for Fish Habitat Restoration Activities in Oregon and Washington,CY2007-CY2012.Dear Mr. Joyner, Mr. Shepard, and Mr. Speaks:On April 27, 2007, NOAA’s National Marine Fisheries Service (NMFS) issued a biological andconference opinion (Opinion) on the effects of the Forest Service, Bureau of Land Management(BLM), and Bureau of Indian Affairs (BIA) (acting for the Coquille Tribe) implementing fishhabitat restoration activities in Oregon and Washington. In that Opinion, NMFS concluded thatthe programmatic action, as proposed, was not likely to jeopardize the continued existence of 18species of salmon and steelhead listed under the ESA or result in the destruction or adversemodification of designated critical habitat for these species. On September 27, 2007, NMFSconfirmed the conference opinion on Puget Sound steelhead as a biological opinion.On February 11, 2008, NMFS issued a final determination to list the Oregon Coast (OC) cohosalmon as threatened, designate critical habitat for this species and issue protective regulations(73 FR 7816). The listing, critical habitat designation, and protective regulations becameeffective on May 12, 2008. On March 3, 2008, you requested that NMFS reinitiate consultationand issue a new programmatic Opinion on fish habitat restoration activities in Oregon andWashington to include OC coho and their critical habitat. Your request included a supplementalbiological assessment analyzing the effects of the proposed restoration actions on OC coho andtheir habitat. Please find the requested Opinion attached.

The NMFS listed the southern distinct population segment (DPS) of green sturgeon as threatenedunder the ESA on April 7, 2006 (71 FR 17757). New information indicates that Southern DPSgreen sturgeon use estuarine and lower river portions of the action area as habitat for growth anddevelopment to adulthood and for adult feeding. The NMFS has not designated critical habitatfor southern DPS green sturgeon, or issued protective regulations under section 4(d) of the ESA.Although your submitted biological assessment did not include a determination of effect forsouthern DPS green sturgeon, NMFS has enough information to determine that the proposed fishhabitat restoration activities are not likely to adversely affect this species.This document also includes the results of our analysis of the action’s likely effects on essentialfish habitat (EFH) pursuant to section 305(b) of the Magnuson-Stevens Fishery Conservation andManagement Act (MSA), and includes one conservation recommendation to avoid, minimize, orotherwise offset potential adverse effects on EFH. Section 305(b)(4)(B) of the MSA requiresFederal agencies to provide a detailed written response to NMFS within 30 days after receivingthese recommendations.If the response is inconsistent with the EFH conservation recommendation, the Forest Service,BLM, or BIA must explain why the recommendations will not be followed, including thescientific justification for any disagreements over the effects of the action and therecommendations. In response to increased oversight of overall EFH program effectiveness bythe Office of Management and Budget, NMFS established a quarterly reporting requirement todetermine how many conservation recommendations are provided as part of each EFHconsultation and how many are adopted by the action agency. Therefore, in your statutory replyto the EFH portion of this consultation, we ask that you clearly identify the number ofconservation recommendations accepted.If you have questions regarding this consultation, please contact Spencer Hovekamp, BranchChief of the Eastern Oregon Habitat Branch of the Oregon State Habitat Office, at 541.975.1835,ext. 224.Sincerely,D. Robert LohnRegional Administratorcc:Rollie White, USFWSScott Peets, FSAl Doelker, BLMJason Robinson, Coquille Tribe2

Endangered Species Act – Section 7 ProgrammaticConsultationBiological OpinionandMagnuson-Stevens Fishery Conservation andManagement ActEssential Fish Habitat ConsultationFish Habitat Restoration Activities in Oregon and Washington, CY2007-CY2012Lead Action Agencies:ConsultationConducted By:USDA Forest ServiceUSDI Bureau of Land ManagementUSDI Bureau of Indian AffairsNational Marine Fisheries ServiceNorthwest RegionDate Issued:June 27, 2008Issued by:D. Robert LohnRegional AdministratorNMFS Nos.:FS:2008/03505BLM: 2008/03506BIA: 2008/03507

TABLE OF CONTENTSINTRODUCTION . 1Background and Consultation History . 1Proposed Action . 2Geographic Scope . 2Implementation Process . 3Description of the Proposed Activity Categories. 5General Practices and Requirements for Each Activity Category . 34Action Area . 37ENDANGERED SPECIES ACT. 38Biological Opinion . 38Status of the Species and Critical Habitat . 38Environmental Baseline . 75Effects of the Action . 78Effects on Listed Species . 108Effects on Critical Habitat . 110Cumulative Effects. 113Conclusion . 114Conservation Recommendations . 116Reinitiation of Consultation . 116Incidental Take Statement. 116Amount or Extent of Take . 117Reasonable and Prudent Measures. 119Terms and Conditions . 120MAGNUSON-STEVENS FISHERY CONSERVATION AND MANAGEMENT ACT . 122Essential Fish Habitat Conservation Recommendations . 123Statutory Response Requirement . 124Supplemental Consultation . 124DATA QUALITY ACT DOCUMENTATION AND PRE-DISSEMINATION REVIEW . 125LITERATURE CITED . 127Appendix 1.Analysis of Small Stream Herbicide Exposure and Salmonid Risk Potential . 144i

INTRODUCTIONThis document contains a programmatic biological opinion (Opinion) and incidental takestatement issued to the Forest Service, Bureau of Land Management (BLM), and Bureau ofIndian Affairs (BIA) for Fish Habitat Restoration Activities in Oregon and Washington,CY2007-CY2012. This document was prepared in accordance with section 7(b) of theEndangered Species Act (ESA) of 1973, as amended (16 U.S.C. 1531, et seq.), andimplementing regulations at 50 CFR 402. The National Marine Fisheries Service (NMFS) alsocompleted an essential fish habitat (EFH) consultation, prepared in accordance with section305(b)(2) of the Magnuson-Stevens Fishery Conservation and Management Act (MSA) (16U.S.C. 1801, et seq.) and implementing regulations at 50 CFR 600.The docket for this consultation is on file at the Oregon State Habitat Office, in Portland,Oregon.Background and Consultation HistoryOn April 27, 2007, NOAA’s National Marine Fisheries Service (NMFS) issued an Opinion andEFH consultation on the effects of the Forest Service, BLM, and BIA (acting for the CoquilleTribe) (collectively referred to as the Action Agencies hereafter) implementing fish habitatrestoration activities in Oregon and Washington. In this Opinion, NMFS concluded that theprogrammatic action, as proposed, was not likely to jeopardize the continued existence of 16species of salmon and steelhead listed under the ESA or result in the destruction or adversemodification of designated critical habitat for these species. The Opinion was based oninformation provided in the Action Agencies’ biological assessment (BA) and developed duringformal consultation. On September 27, 2007, NMFS confirmed the conference opinion on PugetSound steelhead (Oncorhynchus mykiss) as a biological opinion.On February 11, 2008, NMFS issued a final determination to list the Oregon Coast (OC) cohosalmon (O. kisutch) as threatened, designate critical habitat for this species and issue protectiveregulations (73 FR 7816). The listing, critical habitat designation, and protective regulationsbecame effective on May 12, 2008. On March 3, 2008, the action agencies requested that NMFSreinitiate our programmatic Opinion on fish habitat restoration activities in Oregon andWashington to include OC coho salmon and their critical habitat. Formal consultation wasreinitiated on this date. The Action Agencies’ request included a supplemental biologicalassessment analyzing the effects of the proposed restoration actions on OC coho salmon andtheir habitat. This Opinion, which includes OC coho salmon and their critical habitat, willsupplant the previous Opinion and incidental take statement. This Opinion will serve as ourdetermination that the proposed fish habitat restoration activities are not likely to adversely affectsouthern distinct population segment (DPS) of green sturgeon (Acipenser medirostris).Information about this species and the expected effects of the proposed action is included in thestatus of the species, environmental baseline, and effects of the action sections of this Opinion.1

Proposed ActionFor purposes of this consultation, the proposed action is to implement 19 categories ofrestoration actions on FS and BLM lands in Oregon and Washington and the Coquille IndianReservation in Oregon. The Action Agencies propose to begin implementing projects under thisconsultation in calendar year (CY) 2007 and stop implementing new projects under thisconsultation after CY2012.Geographic ScopeThis programmatic consultation covers those portions of Forest Service (FS) and BLMadministrative units found in Oregon and Washington and the Coquille Reservation located inWestern Oregon. It also covers portions of FS and BLM administrative units that are primarilylocated in Oregon and Washington, but overlap into California (Rogue/Siskiyou NationalForest), Nevada (Lakeview and Vale BLM District) and Idaho (Wallowa-Whitman NationalForest). Table 1 lists the National Forests and BLM Districts covered by this programmaticconsultation.Table 1.National Forests and BLM Districts, with state location, covered by thisconsultation.Land Management UnitNational ForestsDeschutesFremont/WinemaMalheurMt. HoodOchocoRogue teColvilleGifford PinchotMt. Baker/SnoqualmieOkanogan/WenatcheeOlympicColumbia River Gorge Scenic AreaUmatillaBLM DistrictsBurnsCoos OR/WAOR/WAOROROROR/NVOROROROROR/NVWA

This consultation also covers actions that occur on non-Federal lands when that action is locatedimmediately adjacent to a FS or BLM unit and the project helps achieve FS and/or BLM aquaticrestoration goals as covered under Wyden Amendment authority (16 U.S.C. 1011(a), as amendedby Section 136 of PL 105-277). To be included, such non-Federal land projects must follow allelements of the proposed action described in this Opinion. The Action Agencies will ensure thatactions covered under this programmatic on non-Federal land undergo the same process andcompliance as projects occurring on action agency land. The Action Agencies shall retaindiscr

UNITED STATES DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration NATIONAL MARINE FISHERIES SERVICE Northwest Region 7600 Sand Point Way N.E., Bldg. 1 Seattle, WA 98115 Refer to NMFS Nos.: FS: 2008/03505 BLM: 2008/03506 BIA: 2008/03507 June 27, 2008 Calvin Joyner Edward W. Shepard Acting Regional Forester, Region 6 Director, Oregon/Washington USDA Forest Service USDI Bureau .