Marit Alanen, Fish & Wildlife Biologist, U.S. Fish & Wildlife Service Photo credit: DHS/USFWS/UA.

JAGUAR:A REGULATORY STORY

Marit Alanen, Fish & Wildlife Biologist, U.S. Fish & Wildlife Service

Photo credit: DHS/USFWS/UA

http://www.fws.gov/

A little history…

Photo: Cleveland Press Collection, Michael Schwartz Library, Cleveland State University

Image courtesy of ClevelandState Library Special Collections

Endangered Species Act

Passed in 1973

“An Act to provide for the conservation of endangered and threatened species of

fish, wildlife, and plants, and for other purposes.”

Administered primarily by USFWS (NOAA for some

marine mammals)

Endangered Species ActDivided into Sections

Section 4. Determination of endangered species and threatened species

Includes: Adding/changing

status/removing species Designating critical

habitat Recovery Plans



Definitions

ENDANGEREDAny species which is in danger of

extinction throughout all or a significant portion of its range

THREATENEDAny species which is likely to become an endangered species within the foreseeable future throughout all or

a significant portion of its range


Listing a Species

The Secretary shall…determine whether any species is an endangered species or threatened species because of any of the following factors:

Section 4. Determination of endangered species and threatened species

The Secretary shall…determine whether any species is an endangered species or threatened species because of any of the following factors:

(A) the present threatened destruction, modification, or curtailment of its habitat or range;

(B) overutilization for commercial, recreational, scientific, or educational purposes;


Listing a Species

(C) disease or predation;(D) the inadequacy of existing regulatory

mechanisms; or(E) other natural or manmade factors

affecting its continued existence.

The Secretary…to the maximum extent prudent and determinable—

(i) Shall…designate any habitat of such species which is then considered to be critical habitat; and

(ii) may, from time-to-time thereafter as appropriate, revise such designation.

Critical HabitatSection 4. Determination of endangered species and threatened speciesPhoto credit: DHS/USFWS/UA


Critical Habitat

EXCEPTIONS!!

50 CFR 424.12(a)(1)

A designation of critical habitat is not prudent when one or both of the following situations exist—

(1) The species is threatened by taking or other human activity, and identification of critical habitat can be expected to increase the degree of threat to the species, or

(2) such designation of critical habitat would not be beneficial to the species.

Best Available Data Standard

Encompasses everything—even if we have little to no information, we still

consider that in our analysis, as those are the best available data


Statutory DeadlinesPetition Received

90-Day FindingSubstantial Information

Not Substantial Information

12-Month Finding

Listing Warranted

Listing Warranted but

Precluded

Listing Not Warranted

Proposed Listing

With Critical Habitat

Without Critical Habitat

FinalListing

Final Critical Habitat

Proposed Critical Habitat

Final Critical Habitat

90Days

1Year

2Years

3Years

4Years

1994 Proposed rule to extend endangered status into US

Jaguar Listing History1972 Endangered – Endangered Species Conservation Act (1969)1973 Endangered Species Act supersedes ESCA1975 Foreign and native species lists replaced by “List of Endangered

and Threatened Wildlife”1979 FWS publishes notice:

Always intent that jaguar be listed throughout entire range, including US

Action to rectify would be taken ASAP1980 Proposed rule to list jaguar in US1982 Proposed rule withdrawn (ESA mandated if not final after 2 years)1992 Petitioned to list as endangered in US1993 Petition substantial and warranted

1995 Congress enacts moratorium prohibiting work on listing actions1996 Moratorium lifted by Presidential waiver1996 Jaguar listing process resumed after CBD lawsuit and summary judgment1997 Final rule clarifying endangered status extended into US

1997 Final rule clarifying endangered status extended into US

Critical habitat “not prudent” because publication of detailed maps would increase threat to jaguars

2006 Agreed to reevaluate prudency determination in response to CBD lawsuit

Critical habitat “not prudent” because: No areas in US met definition of critical habitat Therefore, designation of critical habitat not beneficial to

the species

2009 Determination of “not prudent” found to be invalid by the court

Required USFWS to “focus on the principal biological constituent elements within the defined area that are essential to the conservation of the species”

2010 Determined designation of critical habitat was “prudent”

Jaguar Critical Habitat History

How do we define jaguar critical

habitat in the US?

Essential to the conservation of the species

May require special management considerations or protection

Critical Habitat

Specific areas within the geographical area Occupied by the species

At the time it is listed

On which are found physical or biological features


Critical Habitat

1972 Endangered Species Conservation Act (1969)

1973 Endangered Species Act supersedes ESCA

1997 Final rule clarifying endangered status extended into US

1979 FWS publishes notice: Always intent that jaguar be listed throughout entire

range, including US Action to rectify would be taken ASAP


Critical Habitat

Occupied by the species

1972

Average lifespan ~ 10 yearso Include records from 1962–1982

Rare, secretive, difficult to detect, no surveyso Records from 1982–present indicate

areas likely occupied at time of listing

Occupied at time of listing = 1962–present


Critical Habitat


1972

1962–present

Evidence of occupancy

Class IPhysical evidence (skin, skull, photo)

Class IIDetailed info/no

physical evidence

Class IIISecond-hand

report


Critical Habitat


1972

1962–present

Evidence of occupancy Class I

Physical or biological features

Jaguar Life History & Ecology

Implementation Subgroup Landowners/Managers

from Federal, State, Tribal, and private entities

Convened Binational (US & Mexico) Jaguar Recovery Team in 2010

Technical Subgroup Feline ecologists Conservation biologists Other experts


What area should Recovery Plan cover?

What makes high-quality habitat in NRU?




Prey Water Vegetation Topography Connectivity Expansive areas Low human activity No poaching

Vegetation

(tree cover) Topography

(ruggedness) Water (distance to) Low human activity

(HII) Habitat type

(WWF ecoregions)

Vegetation

(tree cover) Topography

(ruggedness) Water (distance to) Low human activity

(HII) Habitat type

(WWF ecoregions)



333 georeferenced

jaguar observations



3-60% tree cover

Intermediate, moderate, high ruggedness

Within 10 km of water

HII < 30

WWF ecoregions

Jaguar Critical Habitat

What makes critical habitat in the US?

Modify habitat features using 130 undisputed

Class I records from US from 1962 to present

3-40% tree cover

Intermediate, moderate, and high ruggedness

HII <= 20

Madrean evergreen woodland and semidesert grassland

3-60% tree cover



HII < 30

WWF ecoregions

Within 10km of water + 84–100 square km!


Specific areas outside the geographical area occupied by the species

Essential for the conservation of the species

Mexico or bust!

Combination of tree cover and/or ruggedness + HII

Connectivity to Mexico

Jaguar Proposed Critical HabitatUnit 1

Unit 2

Unit 3

Unit 4

Unit 5 Unit 6

Unit 1:Baboquivari

Unit•Baboquivari-Coyote Subunit

•Southern Baboquivari Subunit

Unit 2:Atascosa

Unit

Unit 3:Patagonia

Unit

Unit 4:Whetstone

Unit•Whetstone Subunit

•Whetstone-Santa Rita Subunit

•Whetstone-Huachuca Subunit

Unit 5:Peloncillo

Unit

Unit 6:San Luis

Unit

Ch

iric

ahu

a M

ts

Pel

on

cillo

Mts

An

imas

MtsWhetstone

Mts

Huachcua Mts

Pat

agon

iaM

ts

Santa RitaMtsTumacacori,

Atascosa,Pajarito Mts

San Luis Mts

Canelo Hills

Bab

oq

uiv

ari M

ts

I-10

I-19

DragoonMts

Wrongvegtype

Notall

PCEs

Occupied

Unoccupied

Critical Habitat History

2013Mar

Received updated report from Jaguar Recovery Team with refined habitat modeling information

2012Aug

Published proposed rule to designate critical habitat for the jaguar156 comments

NOW what makes high-quality habitat?

> 1 and <= 50% tree cover (north)> 1 and <= 100% tree cover (south)



HII < 20 (north) / HII < 30 (south)

WWF ecoregions

Elevation <= 2000 m

Area >= 100 square km


+ New sightings in Santa Ritas!

Also, filters applied!

Revised Proposed Critical Habitat

Unit 1:Baboquivari

Unit•Baboquivari-Coyote Subunit

•Southern Baboquivari Subunit

Unit 2:Atascosa

Unit

Unit 3:Patagonia

Unit

Unit 5:Peloncillo

Unit

Unit 6:San Luis

Unit

Ch

iric

ahu

a M

ts

Pel

on

cillo

Mts

An

imas

MtsWhetstone

Mts

Huachcua Mts

Pat

agon

iaM

ts



San Luis Mts

Canelo Hills

Bab

oq

uiv

ari M

ts

I-10

I-19

DragoonMts

Wrongveg/elev

Notall

PCEs

Occupied

Unoccupied

Unit 4:Whetstone

Unit•Whetstone Subunit

•Whetstone-Santa Rita Subunit

•Whetstone-Huachuca Subunit

2013Aug

Received approval of request for extension to publish final rule: New date = Dec 16, 2013, to Federal Register

2013Sep

Opened public comment period again after receiving several requests25 comments

2013Oct

FURLOUGH

2013Dec

Received approval of request for extension to publish final rule: New date = no later than Feb 14, 2014, to Federal Register

Critical Habitat History

2013Jul

Revised original proposed rule to include this new information and opened public comment period on revised proposed rule, draft Economic Analysis, and draft Environmental Assessment 33,308 comments 1 public hearing

2012Aug

Published proposed rule to designate critical habitat for the jaguar156 comments

2013Mar

Received updated report from Jaguar Recovery Team with refined habitat modeling information

Jaguar Final Critical Habitat

Unit 1

Unit 2

Unit 3

Unit 4

Unit 5 Unit 6

Ch

iric

ahu

a M

ts

Pel

on

cillo

Mts

An

imas

MtsWhetstone

Mts

Huachcua MtsP

atag

onia

Mts



San Luis Mts

Canelo Hills

Bab

oq

uiv

ari M

ts

I-10

I-19

DragoonMts

Published March 5, 2014

Exempted Fort HuachucaExcluded Tohono O’odham Nation

Effective April 4, 2014


Exempted Fort Huachuca

Section 4(a)(3)(B)(i)

National Defense Authorization Act (2004)

The Secretary shall not designate as critical habitat any lands…owned or controlled by the Department of Defense…that are subject to an integrated natural resources management plan…if the Secretary determines in writing that such plan provides a benefit to the species for which critical habitat is proposed for designation.


Excluded Tohono O’odham Nation

Section 4(b)(2)

Economic Impacts

…HCPs or other management plans for the area, or…conservation partnerships that would be encouraged by designation of, or exclusion from, critical habitat…any tribal issues and…the government-to-government relationship of the United States with tribal entities…[and] any social impacts that might occur because of the designation.

National SecurityOther Relevant Impacts

What Does Critical Habitat Do?

Only applies to Federal lands, funding, and permits

With Federal nexus, protects against destruction or adverse modification through section 7

consultation

Adverse effects can happen without reaching adverse modification

Adverse modification can result in project changes

What Does Critical Habitat Not Do?

Does not affect private actions on private lands

Existing developed areas that do not contain the physical and biological features within the

designation would not be considered critical habitat

Does not create refuges, sanctuaries, or preserves

What is RECOVERY?

“Recovery is the process by which listed species and their ecosystems are restored and their future is safeguarded to the point that protections under the ESA are no longer needed.”

Interim PlanningGuidance 2010


Decline is arrested

Threats are removed or reduced

Long-term survival of a species is ensured in the wild

What is RECOVERY?Photo credit: DHS/USFWS/UA


“The Secretary shall develop…plans…for the conservation and survival of endangered species and threatened species listed pursuant to this section, unless he finds that such a plan will not promote the conservation of the species.”

Legal Foundation

ESA sec. 4(f)(1)


“…recovery units are individually necessary to conserve genetic robustness, demographic robustness, important life history stages, or some other feature necessary for long-term sustainability of the entire listed entity.”

What is a RECOVERY UNIT?

Interim Planning Guidance 2010

Jaguar Recovery UnitsNorthwestern Recovery Unit

Pan-American Recovery Unit

Jaguar Recovery Units

Core Areas Areas with strongest

long-term evidence of jaguar population persistence

Persistent verified records of jaguar occurrence over time and recent evidence of reproduction

Northwestern Recovery Unit


Secondary Areas Contain jaguar

habitat with historical and/or recent records of jaguar presence with no recent record or very few records of reproduction



Secondary Areas Of particular interest

when they occur between core areas and serve as corridors



Peripheral Areas Sporadic records

and no or minimal evidence of long-term presence or reproduction indicating colonization or sustained use by jaguars


4 team meetings 2 Technical

Subgroup 2 full team

6 co-leader meetings

Monthly co-leader conference calls Recovery Outline for the Jaguar (2012) Draft Jaguar Recovery Plan by spring 2015

Jaguar Recovery Planning


Jaguar Recovery Implementation

Jaguar survey and monitoring in Arizona and New Mexico Jaguar survey and monitoring on the Tohono O’odham

Nation Jaguar survey and monitoring protocol development Survey of citizens’ attitudes toward jaguars in Arizona and

New Mexico Jaguar habitat mapping and on-line jaguar detection

database development Jaguar population viability analyses Jaguar road crossing design recommendations Rancher/landowner outreach Citizen science/education and outreach program Jaguar genetic analysis

Safe Harbor AgreementsVoluntary agreement between private or other non-Federal property owners and USFWS or NOAA

Actions contribute to recovery of threatened or endangered species

Property owners receive formal assurances from USFWS that: if conditions of SHA fulfilled, USFWS will not

require any additional or different management activities without consent

At end of agreement, participants may return enrolled property to baseline conditions

Agreement

http://www.fws.gov/southwest/es/

arizona/Safe_Harbor.htm

http://www.fws.gov/endangered/landowners/safe-

harbor-agreements.html

Questions?

http://bit.ly/TapYhK

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Marit Alanen, Fish & Wildlife Biologist, U.S. Fish & Wildlife Service Photo credit: DHS/USFWS/UA.

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