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United States Department of the Interior FISH AND WILDLIFE SERVICE In Reply Refer To: FWS-LA- l 6BOO 14-16 f 0097 Jeffrey Vail Fore st Supervisor Angeles National Forest 701 N. Santa Anita Ave. Arcadia, California 91006-2725 Ecological Services Carlsbad Fish and Wildlife Office 2177 Salk Avenue, Suite 250 . Carlsbad, California 92008 APR 1 8 2016 Subject: Biological Opinion on the Removal of Nonnative Vegetation from the Angeles National Forest, Los Angeles County, California Dear Mr. Vail: This document transmits the U.S. Fish and Wildlife Service's (Service) biological opinion based on our review of the proposed nonnative vegetation removal project on the Angeles National Forest and its effects on the federally endangered arroyo toad [Anaxyrus californicus (Bufo microscaphus c.)], in accordance with section 7 of the Endangered Species Act (Act) of 1973, as amended (16 U.S.C. 1531 et seq.). This biological opinion is based on information submitted by your agency on October 2, 2015, and information in our files. The complete project file for this consultation is maintained at the Service's Carlsbad Fish and Wildlife Office (CFWO). CONSULTATION HISTORY On February 28, 2007, the Service provided a non-jeopardy biological opinion regarding the impacts of nonnative vegetation removal in Upper Big Tujunga Canyon and Little Rock Creek on arroyo toad (Service 2007). Since this current biological opinion addresses the same activity and includes additional areas and methods, it supersedes the February 28, 2007, biological opinion, as amended. On October 15, 2015, we received some minor changes to the proposed action. On November 16, 2015, we provided a letter (l6B0014-16TA0023) documenting initiation of formal section 7 consultation as of October 2, 2015. On November 17, 2015, we provided a letter (16B0014-16I0083) concurring that the proposed action was not likely to adversely affect or would not affect the federally endangered Braunton's milk-vetch (Astragalus brauntonii), Nevin's barberry (Berberis nevinii), slender-homed spineflower (Dodecahema leptoceras), southwestern willow flycatcher (Empidonax traillii extimus), California condor (Gymnogyps californianus), least Bell's vireo (Vireo bellii pusillus), and mountain yellow-legged frog (Rana muscosa) or the federally threatened thread-leaved brodiaea (Brodiaeafilifolia), Santa Ana sucker (Catostomus santaanae), California red-legged

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Page 1: United States Department of the Interiora123.g.akamai.net/7/123/11558/abc123/forestservic...vehicles travel through or park in nonnative plant infestations, the vehicle must be washed

United States Department of the Interior FISH AND WILDLIFE SERVICE

In Reply Refer To: FWS-LA- l 6BOO 14-16 f 0097

Jeffrey Vail Fore st Supervisor Angeles National Forest 701 N. Santa Anita Ave. Arcadia, California 91006-2725

Ecological Services Carlsbad Fish and Wildlife Office

2177 Salk Avenue, Suite 250 . Carlsbad, California 92008

APR 1 8 2016

Subject: Biological Opinion on the Removal of Nonnative Vegetation from the Angeles National Forest, Los Angeles County, California

Dear Mr. Vail:

This document transmits the U.S. Fish and Wildlife Service's (Service) biological opinion based on our review of the proposed nonnative vegetation removal project on the Angeles National Forest and its effects on the federally endangered arroyo toad [Anaxyrus californicus (Bufo microscaphus c.)], in accordance with section 7 of the Endangered Species Act (Act) of 1973, as amended (16 U.S.C. 1531 et seq.). This biological opinion is based on information submitted by your agency on October 2, 2015, and information in our files. The complete project file for this consultation is maintained at the Service's Carlsbad Fish and Wildlife Office (CFWO).

CONSULTATION HISTORY

On February 28, 2007, the Service provided a non-jeopardy biological opinion regarding the impacts of nonnative vegetation removal in Upper Big Tujunga Canyon and Little Rock Creek on arroyo toad (Service 2007). Since this current biological opinion addresses the same activity and includes additional areas and methods, it supersedes the February 28, 2007, biological opinion, as amended.

On October 15, 2015, we received some minor changes to the proposed action.

On November 16, 2015, we provided a letter (l6B0014-16TA0023) documenting initiation of formal section 7 consultation as of October 2, 2015.

On November 17, 2015, we provided a letter (16B0014-16I0083) concurring that the proposed action was not likely to adversely affect or would not affect the federally endangered Braunton's milk-vetch (Astragalus brauntonii), Nevin's barberry (Berberis nevinii), slender-homed spineflower (Dodecahema leptoceras), southwestern willow flycatcher (Empidonax traillii extimus), California condor (Gymnogyps californianus), least Bell's vireo (Vireo bellii pusillus), and mountain yellow-legged frog (Rana muscosa) or the federally threatened thread-leaved brodiaea (Brodiaeafilifolia), Santa Ana sucker (Catostomus santaanae), California red-legged

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frog [Rana draytonii (R. aurora d.)] and coastal California gnatcatcher (Polioptila californica californica) or their designated critical habitats and designated critical habitat for arroyo toad. On February 8, 2016, we provided a draft non-jeopardy biological opinion for the proposed project. On April 5, 2016, we received comments from the Angeles National Forest on the February 8, 2016, draft biological opinion. Comments were incorporated into the biological opinion, as appropriate.

BIOLOGICAL OPINION

DESCRIPTION OF THE PROPOSED ACTION Under the proposed action, nonnative plant removal could occur throughout the area displayed in Figure 1 over the next 15 years. Removal methods include manual/mechanical, fire wilting, and herbicide treatment. Herbicide treatment will occur using foliar application; spot spraying; frill or hack and squirt; cut-stump; cut, resprout, and spray; stem injection; basal bark treatment; and wicking. Herbicides including aminopyralid, chlorosulfuron, glyphosate, imazapyr, triclopyr, and fluazifop may be used. The project also includes potential pile burning and restoration via planting. Conservation measures (CM) that will benefit the arroyo toad include:

CM 1. Herbicide treatment in arroyo toad occupied habitat will not occur within 100 feet of the streambank during the breeding and toadlet season. For the arroyo toad, this period is typically March 1–August 1. Reproductive seasons can be highly variable depending on weather conditions, and this restriction period may vary accordingly.

CM 2. Mixing or loading of herbicides will not take place within 300 feet of any body of water or stream channel with known presence of arroyo toad.

CM 3. In arroyo toad occupied habitat, glyphosate (e.g., Aquamaster®) and triclopyr

TEA (e.g., Renovate 3®) application rates will not exceed 3 pounds acid equivalent (a.e.) per acre within 100 feet of the stream if surface water is present.

CM 4. Use of triclopyr BEE formulation in upland areas will only occur if it is greater

than 150 feet from arroyo toad occupied habitat and more than 500 feet from the active water channel of any perennial, ephemeral, or intermittent stream.

CM 5. In uplands directly upslope of arroyo toad stream occupied habitat, where runoff

would be delivered directly to the stream, no triclopyr BEE application will occur during the breeding season or if precipitation is occurring or imminent within 48 hours.

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CM 6. Six pounds a.e. of triclopyr BEE formulation per acre is the maximum amount that will be used in foliar and spot spray applications where runoff would be delivered directly to arroyo toad occupied stream habitat.

CM 7. Crews in arroyo toad occupied habitat will not make multiple stream crossings for nonnative plant removal from both streambanks simultaneously. For example, during a work period, an individual will conduct activities along one streambank for the entire stretch before initiating activities on the opposing bank. Stream crossings will use existing features such as bridges and boulders to avoid boots in the water, as much as feasible.

CM 8. In arroyo toad occupied habitat, treatment of boots and equipment will occur prior

to entering the project area to reduce the potential spread of chytrid fungus, other water-borne pathogens and nonnative fauna. Disinfection of boots and equipment will be done with quaternary ammonia compounds, a 10 percent bleach solution (or another generally accepted technique) or by completely drying the equipment/boots before use in another unconnected water body. Before entry into waterways, clothing, shoes, and equipment must be inspected and cleaned to ensure they do not act as carriers of nonnative organisms into project areas. Before leaving a project area, efforts will be made to ensure that clothing and equipment are free of seeds and/or vegetative propagules of nonnative plants and any nonnative fauna.

CM 9. An annual briefing will occur between the project manager and personnel

implementing the project prior to project activities. The briefing will include a review of arroyo toad locations, the characteristics of arroyo toads, and all operational details (including safety issues, locations, timing, methods, herbicides approved for use, law enforcement coordination needs, awareness of other project activities in the area, and wilderness rules). If triclopyr is used, there will be an additional discussion on toxicity. Additional briefings will occur throughout the implementation period to ensure project activities comply with the project design. Training will be conducted, as needed, to ensure workers are aware of arroyo toads potentially occurring in the project area and how to recognize and avoid individuals that might be present. Additionally, all crew members will be trained on the proper response to detection of arroyo toads in the project area.

CM 10. Where feasible, existing hardened surfaces or disturbed sites will be used for

staging areas. Staging areas or base camps will not be established within arroyo toad occupied or suitable habitats and riparian areas. Just prior to project activities, points of access, parking, and project areas in arroyo toad occupied habitat will be marked with signs, staking, and flagging to keep project activities confined to designated areas. All project personnel will conduct work activities only within the defined work area when in arroyo toad occupied habitat.

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CM 11. All fuel containers and fueling will occur more than 25 feet from a body of water or stream channel, but fueling of more than 5 gallons will occur a minimum of 150 feet away unless prior approval has been granted by a U.S. Forest Service (Forest Service) hydrologist or biologist.

CM 12. Manual removal within 100 feet of the streambank will not occur in arroyo toad occupied habitat during the reproductive season (typically March 1–August 1).

CM 13. Removals that use a weed wrench, require pulling plants, or result in ground

disturbance in arroyo toad occupied habitat will only occur when a biologist or other qualified individual is present. Also, crew size will not exceed five people. This will allow for close supervision and reduce the potential for impacts to arroyo toads that may be in the area. For consideration as a qualified individual, this person must obtain training on the identification and life history of the arroyo toad. All individuals participating in the removal of nonnative species will be provided with information regarding the arroyo toad and other sensitive resources in the area. Photos and other information will be shared to ensure the greatest potential for detection of any arroyo toads that may be present in the project area.

CM 14. To reduce the amount of ground disturbance in arroyo toad occupied habitat, smaller

plants will be pulled, and larger plants will be removed via cutting or herbicide.

CM 15. If arroyo toads are observed during project implementation, activities will cease until they move or are moved to adjacent suitable habitat. Arroyo toads will be allowed to leave the project area through their own efforts or can be moved by a biologist. The Service will be notified when arroyo toads are moved. Sites for relocation will always include the nearest area of suitable habitat. Based on the general conditions within the project area, relocation sites will typically be less than 50 feet from the area being treated.

CM 16. In arroyo toad occupied habitat, shovels will not be used in the removal of

nonnative plants. Weed wrenches are permitted where it has been determined that other methods are not reasonable or effective. In all activities, ground disturbance will be minimized.

CM 17. When feasible, nonnative plants will be removed when flowers or seeds are not

present. If flowers or seeds are present and have the potential for seed to be widely dispersed during removal [e.g., Spanish broom (Spartium junceum) and eupatory (Ageratina adenophora)], the flowering head will be removed and placed in a container for disposal prior to removal.

CM 18. Areas with bare soil created by removal of nonnative plants will be evaluated for

restoration to prevent further infestations by the same or new nonnative plant(s). Whenever possible, non-target vegetation will be protected in order to minimize

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the creation of exposed ground and potential for re-colonization of nonnative plants. A Forest Service botanist will be consulted prior to any restoration implementation.

CM 19. Vehicles and equipment will be washed before entering project sites. Should

vehicles travel through or park in nonnative plant infestations, the vehicle must be washed for a minimum of 6 minutes before entering the project area (e.g., at a car wash with the undercarriage option). This includes wheels, undercarriages, bumpers and all parts of the vehicle. Equipment must have all vegetation and seeds removed prior to entering and exiting the project site (i.e., all tools such as chain saws, hand clippers, pruners, etc. must be visually inspected before entering and leaving all project sites) or placed in an enclosed area (e.g., back of an enclosed truck or a bag) and cleaned at an off-project site. All cleaning will take place where rinse water is collected and disposed of in either a sanitary sewer or a landfill. The field project manager will keep a written log of when vehicles and equipment are washed and cleaned, and a daily log must be kept stating location, date and time, methods used, staff present, equipment washed, and signature of responsible crew member. These written logs will be provided to the overall project manager on a weekly basis.

CM 20. All staging, parking, and burn pile areas will be located outside of nonnative plant occurrences.

CM 21. Certified weed-free mulches (approved by a Forest Service botanist) and local

weed-free seed sources will be used in restoration or soil stabilization efforts.

CM 22. Transport of nonnative plants with seeds or vegetative propagules will occur in enclosed disposal containers or in an enclosed vehicle.

CM 23. Nonnative plants disposed off-site will be taken to an appropriate facility

(e.g., landfill).

CM 24. If burning of removed nonnative plants occurs, burn pile sites will be monitored the following year to assess potential needs for revegetation or additional nonnative plant removals.

CM 25. Where appropriate, barriers will be installed to limit illegal off-highway vehicle

activity after removal is complete. Examples of barriers are large rocks, soil berms, and cut vegetation.

CM 26. To avoid attracting potential arroyo toad predators, such as black bear (Ursus

americanus), coyotes (Canis latrans), domestic and feral dogs and cats, opossums (Didelphis virginiana), skunks, and raccoons (Procyon lotor), all food and trash must be appropriately stored in closed containers and removed from the project site at the end of each day.

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CM 27. In arroyo toad occupied habitat, vehicles and equipment will be parked or removed from the habitat before sunset.

CM 28. Whenever possible, vegetation piled on site for later removal or burning should be burned as soon as possible after piling in order to minimize colonization by arroyo toad. Prior to removing or burning brush piles, they will be disturbed and pulled apart slightly to encourage arroyo toad to move out of the piles. Depending on the plant species, some of the cut vegetation could be used as vertical mulch to minimize illegal off-highway vehicle activity.

Action Area According to 50 CFR § 402.02 pursuant to section 7 of the Act, the “action area” means all areas to be affected directly or indirectly by the Federal action. Subsequent analyses of the environmental baseline, effects of the action, and levels of incidental take are based upon the action area. For this project, the action area is displayed in Figure 1. STATUS OF THE SPECIES The Service federally listed arroyo toad as endangered on December 16, 1994 (Service 1994), and on July 24, 1999, issued the Arroyo southwestern toad (Bufo microscaphus californicus) recovery plan (arroyo toad recovery plan) (Service 1999). The arroyo toad recovery plan identifies recovery units and number of populations for each unit to allow for delisting. The arroyo toad is a small, light-olive green or gray to tan toad with dark spots and warty skin. Arroyo toads are terrestrial for much of the year and can range widely into upland habitat for foraging and burrowing, but they use aquatic habitat for breeding. Breeding occurs in shallow, slow-moving stream systems and may occur from January to July. Breeding tends to occur earlier in coastal areas than inland areas (Service 1999). Thirty-five populations of arroyo toad are distributed from Monterey County, California in the United States south to Baja California, Mexico (Service 2014). Urbanization, agriculture, and dams are the main reasons for the decline of arroyo toad and are also current threats. Other threats include water management activities and diversions; road construction, maintenance, and use; grazing; mining; recreation; and nonnative plants and animals (Service 1999). More detailed information on the status of arroyo toad can be found in the arroyo toad recovery plan, 5-year review (http://ecos.fws.gov/docs/five_year_review/doc2592.pdf) (Service 2009) and the latest proposed rule regarding this species (Service 2014). Please refer to these documents for detailed information on life history requirements, threats, and conservation needs of the species rangewide. ENVIRONMENTAL BASELINE Regulations implementing the Act (50 CFR § 402.02) define the environmental baseline as the past and present impacts of all Federal, State, or private actions and other human activities in the

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action area. Also included in the environmental baseline are the anticipated impacts of all proposed Federal projects in the action area that have undergone section 7 consultation, and the impacts of State and private actions that are contemporaneous with the consultation in progress. According to 50 CFR § 402.02 pursuant to section 7 of the Act, the “action area” means all areas to be affected directly or indirectly by the Federal action. Within the action area, arroyo toad populations exist along upper Big Tujunga Canyon, including associated lower reaches of Mill and Alder creeks and on the desert side of the San Gabriel Mountains along Little Rock Creek (Figure 2). About 482 acres of occupied habitat occurs along Little Rock Creek, and 2,442 acres of occupied habitat occurs along upper Big Tujunga Canyon. Since 1999, about 3,000 acres of Little Rock Creek and Santiago Canyon have been closed to public access to protect the arroyo toad (Service 2013). In 2010, a biological opinion was issued for the Tehachapi Renewable Transmission Project. This biological opinion indicated that about 1.3 acres of arroyo toad occupied habitat in Upper Big Tujunga Canyon would be permanently impacted, but that this habitat loss would be offset at a 5:1 ratio (Service 2010). This offsetting of habitat loss is still pending. In 2011, a biological opinion was issued for the nationwide aerial application of fire retardant that addressed potential effects to many federally listed and proposed species and their associated critical habitats, including arroyo toad. This biological opinion indicated that a fire retardant application in arroyo toad occupied habitat would be expected to occur once every 10 years to about 6 percent of occupied habitat in the action area (Service 2011). Due to the temporary nature of the expected impacts, the likelihood of impacts occurring outside the breeding season, and the use of a 600-foot buffer from the stream for most applications, we did not expect that the proposed action would jeopardize the species or impact the ability of this species to recover. No fire retardant drops within the 600-foot buffer on the Angeles National Forest have been reported yet. In 2013, a biological opinion was issued for recreation and road and trail use on the Angeles National Forest that addressed potential effects to 6 federally listed species, including the arroyo toad. Due to the use of barriers, seasonal closures, and monitoring, we did not expect that the proposed action would jeopardize the arroyo toad, result in destruction or adverse modification of its critical habitat, or impact the ability of this species to recover (Service 2013). In addition, nonnative species removal was proposed to occur within 1 mile of occupied habitat annually. One mile of nonnative vegetation removal occurred in Big Tujunga Canyon in 2014. We expected that up to 4 arroyo toads and 20 tadpoles would be found dead or injured annually, the destruction of 1 egg mass would be observed, and 4 arroyo toads would be captured and handled annually. No incidental take has been reported yet. EFFECTS OF THE ACTION Effects of the action refer to the direct and indirect effects of an action on the species, together with the effects of other activities that are interrelated and interdependent with that action, which will be added to the environmental baseline. Interrelated actions are those that are part of a larger

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action and depend on the larger action for their justification. Interdependent actions are those that have no independent utility apart from the action under consideration. Indirect effects are those that are caused by the proposed action, are later in time, and still reasonably certain to occur. Potential effects to the arroyo toad include the crushing of arroyo toad adults, juveniles, tadpoles and egg masses due to ground disturbing activities, such as weed wrenching and trampling. However, no crushing of arroyo toad adults or juveniles has been detected during nonnative plant removal efforts since issuance of the February 27, 2007, biological opinion addressing this activity in Big Tujunga Canyon and Little Rock Creek (Service 2007). In addition, nonnative removal activities will not occur within 100 feet of the stream during breeding season; thus, tadpoles and eggs will not be crushed. Further, due to lack of heavy equipment use or digging, the dispersed nature of arroyo toads in upland habitat, and the focus of activities on vegetated areas, the potential for arroyo toad adults and juveniles to be crushed is discountable. Arroyo toad adults and/or juveniles may be captured and handled during relocation efforts, resulting in physiological stress. The potential for arroyo toads to be encountered and captured and handled is low due to the low amount of ground disturbance expected and the dispersed nature of arroyo toads in upland habitats. The previous nonnative plant removal consultation addressed potential movement of arroyo toads (Service 2007), but no arroyo toads needed capture and handling. However, nonnative removal efforts will be variable due to the potential need to retreat areas over the 15-year project timeframe, and arroyo toad population numbers will likely fluctuate annually. Arroyo toads can experience years of relatively high population numbers. Thus, using our best professional judgment, we estimate that the proposed action will result in the capture and relocation of 3 adult or juvenile arroyo toads annually. During removal of nonnative plants, new nonnative plants or disease could be introduced into the project area. The introduction of new nonnative plants could result in loss of burrowing and foraging habitat and increased intake of water that impact breeding pool water levels. However, several measures are included to prevent introduction of nonnative species and disease including cleaning and disinfecting of equipment. In addition, the proposed action should result in a decrease in the amount of nonnative species overall. Thus, the potential for these adverse effects is discountable. Temporary loss of streamside nonnative vegetation could result in sedimentation and asphyxiation of egg masses or early stage larvae. However, activities will occur at least 100 feet from the stream during the breeding and active season for arroyo toads, which should minimize the potential for impacts due to sedimentation. Also, only 40 acres of nonnative plants occur in 2,924 acres of arroyo toad occupied habitat and nonnative plant occurrences are generally dispersed within this area. Thus, impacts due to sedimentation should be insignificant. Herbicides could enter the water and adversely affect arroyo toad adults, juveniles, tadpoles, and egg masses via impacts to water quality. However, the proposed action includes several measures, including buffers, to ensure that herbicides don’t enter the water during the breeding season. Further since only 40 acres of nonnative plants occur patchily over 2,924 acres of arroyo

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toad occupied habitat, herbicide applications should be effectively dispersed within occupied habitat. Thus, adults, juveniles, eggs and tadpoles should not be affected by herbicide application. The removal of nonnative vegetation could result in the opening of areas for illegal off-highway vehicle activity with subsequent crushing of arroyo toads. However, the proposed action includes use of appropriate barriers to prevent this impact, and only 40 acres of nonnative plants occur dispersed across 2,924 acres of arroyo toad occupied habitat; thus, the potential for this impact is discountable. Overall, this project should benefit arroyo toad by increasing the amount of burrowing substrate available. Nonnative plants such as giant reed (Arundo donax), white sweetclover (Melilotus albus) and tamarisk (Tamarix species) can make riparian and/or upland habitats unsuitable for the arroyo toad (Service 1999). In addition, the amount of water available for breeding activities may increase by decreasing the water intake of streamside nonnative vegetation. Impacts should be restricted to occasional capture and handling of arroyo toads and associated physiological stress. These impacts should not appreciably reduce the numbers, reproduction or distribution of the species in the action area or rangewide. Rather, arroyo toad numbers and reproduction may improve in the action area due to project implementation. Effect on Recovery The proposed project is consistent with the recovery actions and goals described in the recovery plan for the arroyo toad (Service 1999). Nonnative plant removals will help implement Task 1.1.5 of the recovery plan (Service 1999) and should increase the amount of suitable burrowing substrate available to arroyo toads and may make more water available for breeding by limiting water intake by streamside nonnative vegetation. The potential for mortality to arroyo toads will be effectively minimized by the proposed conservation measures and the focus of project activities outside the breeding season. Thus, the proposed action will support recovery of the arroyo toad. CONCLUSION After reviewing the current status of the arroyo toad, environmental baseline for the action area, effects of the action, and the cumulative effects, it is our biological opinion that the proposed action is not likely to jeopardize the existence of arroyo toad. Our conclusion is based on the following reasons:

1. The proposed project includes measures to minimize potential direct and indirect impacts to the arroyo toad. Effects to the arroyo toad are expected to be minor and restricted to occasional capture and handling of arroyo toads.

2. The removal of nonnative plants should improve habitat conditions for arroyo toad. Overall, this project should benefit arroyo toad and make progress toward recovery goals.

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INCIDENTAL TAKE STATEMENT Section 9 of the Act prohibits the take of endangered and threatened species, respectively, without special exemption. Take is defined as to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, collect, or attempt to engage in any such conduct. Harm is further defined by us to include significant habitat modification or degradation that results in death or injury to listed species by significantly impairing essential behavioral patterns, including breeding, feeding, or sheltering. We defined harass as intentional or negligent actions that create the likelihood of injury to listed species to such an extent as to significantly disrupt normal behavioral patterns which include, but are not limited to, breeding, feeding, or sheltering. Incidental take is defined as take that is incidental to, and not the purpose of, the carrying out of an otherwise lawful activity. Under the terms of section 7(b)(4) and section 7(o)(2) of the Act, taking that is incidental to and not intended as part of the agency action is not considered a prohibited taking provided that such taking is in compliance with the terms and conditions of this incidental take statement. AMOUNT OR EXTENT OF TAKE Arroyo toad body size is relatively small, and burrowing behavior makes the finding of an animal unlikely. However, we have estimated levels of take based on the size of the project area and our best professional judgment. We anticipate that up to 3 arroyo toads may be taken annually. This take is expected in the form of capture and relocation. No take in the form of harm or mortality is anticipated. EFFECT OF THE TAKE In the accompanying biological opinion, the Service determined that this level of anticipated take is not likely to result in jeopardy to the species. REASONABLE AND PRUDENT MEASURE The following reasonable and prudent measure is necessary and appropriate to minimize, monitor, and report the effects of incidental take. The reasonable and prudent measure outlined below is nondiscretionary. Failure to comply may cause the protective coverage of section 7(o)(2) to lapse. The Forest Service will ensure that personnel handling arroyo toads are knowledgeable about arroyo toad biology and ecology and have experience capturing and handling amphibians. TERMS AND CONDITIONS To be exempt from the prohibitions of section 9 of the Act, the Forest Service must comply with terms and conditions, which implement the reasonable and prudent measure described above and outline reporting and monitoring requirements. Terms and conditions are non-discretionary.

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The Forest Service will submit the names and credentials of all individuals who are expected to handle the arroyo toad for the CFWO's review and approval at least two weeks prior to project activities.

CONSERVATION RECOMMENDATIONS

Section 7(a)(l) of the Act directs Federal agencies to use their authorities to further the purposes of the Act by carrying out conservation programs for the benefit of endangered and threatened species. Conservation recommendations are discretionary agency activities to minimize or avoid adverse effects of a proposed action on listed species or critical habitat, to help implement recovery plans, or to develop information. The recommendations provided here do not necessarily represent complete fulfillment of Forest Service responsibility for these species, pursuant to section 7(a)(l) of the Act. We have no conservation recommendations associated with this project.

REINITIATION NOTICE

This concludes formal consultation on the proposed project. As provided in 50 CFR § 402.16, reinitiation of formal consultation is required where discretionary Federal agency involvement or control over the action has been retained ( or is authorized by law) and if ( 1) the amount or extent of incidental take is exceeded; (2) new information reveals effects of the agency action that may affect listed species or critical habitat in a manner or to an extent not considered in this opinion; (3) the agency action is subsequently modified in a manner that causes an effect to the listed species or critical habitat not considered in this opinion; or ( 4) a new species is listed or critical habitat designated that may be affected by the action. In instances where the amount or extent of incidental take is exceeded, any operations causing such take must cease pending reinitiation.

Any questions or comments should be directed to Jesse Bennett of my staff at 760-431-9440, extension 305.

Sincerely,

G. Mendel Stewart Field Supervisor

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LITERATURE CITED

[Service] U.S. Fish and Wildlife Service. 1994. Endangered and threatened wildlife and plants; determination of endangered status for the arroyo toad. Federal Register: 59:64859-64867.

[Service] U.S. Fish and Wildlife Service. 1999. Arroyo southwestern toad (Bufo microscaphus

californicus) recovery plan. Portland, OR. 119 pp. [Service] U.S. Fish and Wildlife Service. 2007. Request for formal consultation for the removal

of nonnative vegetation in upper Big Tujunga Canyon and Little Rock Creek, Los Angeles County, Angeles National Forest. 13 pp.

[Service] U.S. Fish and Wildlife Service. 2009. Arroyo toad 5-year review: Summary and

evaluation. 55 pp. [Service] U.S. Fish and Wildlife Service. 2010. Formal section 7 consultation on the Tehachapi

Renewable Transmission Project, Angeles National Forest, California. 87 pp. [Service] U.S. Fish and Wildlife Service. 2011. Biological opinion: effects to listed species from

U.S. Forest Service aerial application of fire retardants on National Forest System lands. 680 pp.

[Service] U.S. Fish and Wildlife Service. 2013. Biological opinion for various ongoing activities

with effects to six species on the Angeles National Forest, California. 95 pp. [Service] U.S. Fish and Wildlife Service. 2014. Endangered and threatened wildlife and plants;

12-month finding on a petition to downlist the arroyo toad (Anaxyrus californicus) and a proposed rule to reclassify the arroyo toad as threatened. Federal Register 79:17106-17125.

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Mr. Jeffrey Vail (FWS-LA-16B0014-16F0097)

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Figure 1. Action Area.

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Mr. Jeffrey Vail (FWS-LA-16B0014-16F0097) 14

Figure 2. Arroyo Toad Occupied Habitat in Upper Big Tujunga Canyon and Little Rock Creek