Biological opinion on the land and resource management plan wayne national forest, ohio prepared by




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REINITIATION NOTICE


This concludes formal consultation on the continued implementation of the Wayne National Forest Land and Resource Management Plan (as amended) and projects predicated upon it, as outlined in the Biological Assessment. 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 continued implementation of the Wayne National Forest Land and Resource Management Plan (as amended) and projects predicated upon it may affect listed species in a manner or to an extent not considered in this opinion; (3) the continued implementation of the Wayne National Forest Land and Resource Management Plan (as amended) and projects predicated upon it is subsequently modified in a manner that causes an effect to Federally-listed species 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. Requests for reinitiation, or questions regarding reinitiation, should be directed to the U.S. Fish and Wildlife Service=s Reynoldsburg, Ohio Field Office.

CONSERVATION RECOMMENDATIONS
Section 7(a)(1) of the ESA directs Federal agencies to utilize their authorities to further the purposes of the ESA 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 Service provides the following conservation recommendations for the Wayne NF; these activities may be conducted at the discretion of the Wayne NF as time and funding allow. The Service requests notification of the implementation of any conservation recommendations that minimize or avoid adverse effects or provide a benefit to Federally-listed species or their habitats.

Indiana Bat
The Service recommends that the Wayne NF implement the following conservation measures for the benefit of the Indiana bat:
1. Conduct a mist netting and radio telemetry study of Indiana bats on the Marietta unit of the Wayne NF, as funds are available.
2. In consultation with the Service, continue to identify and support Indiana bat studies to gain a better understanding of the bat on the Wayne NF and throughout the range. The Wayne NF, in cooperation with the Service, has recently provided funding to a multi-year study concerning diurnal roost tree usage on the forest. We encourage continued participation between our agencies in the future as an aid to the recovery of the species.


3. In consultation with the Service and the ODNR-DOW, conduct training for employees of the Wayne NF on bats (including Indiana bat) occurring on the Wayne NF. Training should include sections on bat identification, biology, habitat requirements, and sampling techniques (including instructions on applicability and effectiveness of using mist net surveys vs. Anabat detectors to accurately determine the presence of various bat species). The proper training of Wayne NF biologists on bat identification and a reliable methods for counting roosting bats will enable the Wayne NF to continue to monitor the status of this species independently of other agencies and research institutions.
4. Create upland waterholes for Indiana bats, as funding allows.
5. A quarter mile of undisturbed forested buffer should be retained surrounding all openings that are known Indiana bat fall swarming sites, where the Forest Service has jurisdiction. Undisturbed forested buffers should be maintained by reducing or eliminating human disturbances whenever possible.


Bald Eagle
The Service recommends that the Wayne NF implement the following conservation measure for the benefit of the bald eagle:
1. Provide field training for new Wayne NF employees so they will be able to recognize bald eagle signs at night roosts, even when eagles are absent.
Note: the Service will not refer the incidental take of any bald eagle for prosecution under the Migratory Bird Treaty Act of 1918, as amended (16 U.S.C. '' 703-712), or the Bald and Golden Eagle Protection Act of 1940, as amended (16 U.S.C. '' 668-668d), if such take is in compliance with the terms and conditions specified in this opinion.

American Burying Beetle
The Service recommends that the Wayne NF implement the following conservation measures for the benefit of the American burying beetle:
1. New road construction, within 10 air miles of known occupied American burying beetle habitat, could be planned in such a way as to involve the least amount of ground disturbance, measured in terms of the area compacted to the point it is no longer American burying beetle habitat, and designed with the minimum safe width necessary for planned use of the road.
2. We recommend that ground disturbance during the reconstruction and maintenance of existing roads be kept to a minimum within 10 air miles of known occupied American burying beetle habitat. Width of road, ditches, and surface materials could be the minimum necessary to allow safe movement of all permitted vehicular traffic.


3. To limit American burying beetle habitat loss, we recommend that improved areas, such as campgrounds, recreation area, and trails, should be planned for and constructed outside areas with known American Burying beetle populations.
4. We recommend that the wildlife and forestry management practices for the Wayne NF continue to incorporate the principals of forest ecosystem management and that management for the American burying beetle be included among the high priority species and goals of the Wayne NF. Forestry management should implement activities which benefit the American burying beetle, when this is compatible with the overall productivity and vitality of the Wayne NF.
5. Develop and carry out a monitoring strategy to evaluate the reintroduction of the American burying beetle, as funding allows. The monitoring strategy should follow approved American burying beetle monitoring guidelines, and focus of the monitoring should be within 10 air miles of the release site where the Forest Service has jurisdiction.
6. Because of the sensitivity of most insects to chemical applications, use of pesticides could be restricted within the known range of the American burying beetle on the Wayne NF. Restriction could be in the method of application, the location, and the type of pesticide or herbicide used.
In order for the Service to be kept informed of actions for minimizing or avoiding adverse effects or benefitting Federally-listed species or their habitats, the Service requests notification of the implementation of any conservation recommendations.


APPLICABILITY OF BIOLOGICAL OPINION TO SITE SPECIFIC PROJECTS
The Service believes that scope of effects for specific projects developed through the continued implementation of the Forest Plan on the Wayne NF falls under the umbrella of this consultation for the following reasons:
 The terms and conditions associated with the reasonable and prudent measures outlined in

this opinion will minimize the impact of the incidental take identified for the Indiana bat, bald eagle, and American burying beetle on both a programmatic and site specific level; the protective measures outlined herein for the entire Wayne NF are applicable to individual projects yet to be identified.


 If, after adhering to the terms and conditions associated with the reasonable and prudent measures provided in this opinion, the Forest Service determines that activities on a project level are likely to adversely affect the Indiana bat, bald eagle, and American burying beetle, the Service would request that formal consultation be initiated.
 Any individual project that results in the level of incidental take identified in this opinion to be exceeded would necessitate the reinitiation of formal consultation as outlined above.
 The Forest Service will continue to conduct site-specific project analyses to ensure that each individual action follows recommendations set forth in this opinion.
 The Service will continue to review all site-specific projects to ensure that there is strict adherence to the terms and conditions associated with the reasonable and prudent measures outlined in this opinion and that incidental take levels identified in this opinion are not exceeded.


LITERATURE CITED
Andrews, Lynda. U.S. Forest Service, Wayne National Forest. September 8, 2000. Personal communication with The Mangi Environmental Group.
Andrews, Lynda. U.S. Forest Service, Wayne National Forest. September 12, 2001. Personal communication to Angela Boyer, USFWS, biologist, Reynoldsburg, Ohio Field Office.
Appalachian Technical Services, Inc. August 1999. A mist net survey and radio-telemetry study for the Federally endangered Indiana bat (Myotis sodalis) on the Athens and Ironton Ranger Districts of the Wayne National Forest.
Bookout, T. and M. J. Lacki. March 1981. A Survey of Bats in Wayne National Forest.
Callahan, E.V., III. 1993. Indiana bat summer habitat requirements. M.S. Thesis. University of Missouri Columbia. 84pp.
Clark, D.R., Jr., R.K. LaVal, and D.M. Swineford. 1978. Dieldrin-induced mortality in an endangered species, the gray bat (Myotis grisescens). Science 199:1357-1359.
Eco-Tech, Inc. October 1998. A Survey for the Federally endangered Indiana bat (Myotis sodalis) in the Bluegrass Ridge and Markin Fork Areas of the Ironton Ranger District, Wayne National Forest.
Ewing, Rebecca. U.S. Forest Service, Wayne National Forest. September 12, 2001a. Personal communication to Angela Boyer, USFWS, biologist, Reynoldsburg, Ohio Field Office.
Ewing, Rebecca. U.S. Forest Service, Wayne National Forest. September 13, 2001b. Personal

communication to Angela Boyer, USFWS, biologist, Reynoldsburg, Ohio Field Office.


Fazio, B. B., USFWS, March 18, 2001. Letter to Mary O. Reddan, USFS, Forest Supervisor, Wayne National Forest, Athens, Ohio.
Flegel, K. U.S. Forest Service, Wayne National Forest. 2000. Written communication with The Mangi Environmental Group.
Gardner, J.E., J.D. Garner and J.E. Hofmann. 1991a. Summer roost selection and roosting behavior of Myotis sodalis (Indiana bat) in Illinois. Final report. Illinois Natural History Survey, Illinois Department of Conservation. Champlain, Illinois. 56 pp.
Gardner, J.E., J.D. Garner and J.E. Hofmann. 1991b. Summary of Myotis sodalis summer habitat studies in Illinois: with recommendations for impact assessment. Special report. Illinois Natural History Survey, Illinois Department of Conservation. Champaign, Illinois.

28 pp.

Garner, J.D. and J.E. Gardner. 1992. Determination of summer distribution and habitat utilization of the Indiana bat (Myotis sodalis) in Illinois. Unpubl. Report. Endangered Species Coordinator, Region 3, USFWS, Twin Cities, MN 28 pp.
Gianniny, B., Wayne NF. April 18, 2001. Personal communication to Angela Boyer, USFWS, biologist, Reynoldsburg, Ohio Field Office.
Greatorex, R. U.S. Forest Service, Wayne National Forest. 2001. Written communication with The Mangi Environmental Group.
Hall, J. S. 1962. A life history and taxonomic study of the Indiana bat, Myotis sodalis. Reading Publ. Mus. Art., Gallery Publ. 12:1-68.
Horn, D. J., G. D. Keeney, F. F. Purrington. June 25, 1998. American burying beetle management recomendations. Dept. of Entomology, Ohio State Univ.
Humphrey, S.R., A.R. Richter, and J.B. Cope. 1977. Summer habitat and ecology of the endangered Indiana bat, Myotis sodalis. Journal of Mammalogy 58:334-346.
Keeney, G. Autumn 1998. First generation American burying beetle recovered from Ohio reintroduced site. The Ohio Coleopterist. Vol. 5, No. 3.
Keeney, G. and D. Horn. Spring 1998. American burying beetle returning to Ohio. The Ohio Coleopterist. Vol. 5, No. 1.
Keeney, G. Summer 1999. 1999 Reintroduction of American burying beetle. The Ohio

Coleopterist. Vol. 6, No. 2.


Keeney, G., Ohio State University, Department of Entomology. September 11, 2000. Personnal communication with Lee Bigger of The Mangi Environmental Group.
Keeney, G., Ohio State University, Department of Entomology. January 4 2001. Written correspondence with Lee Bigger of The Mangi Environmental Group.
King, T. U.S. Forest Service, Wayne National Forest. 2000a. Email communication with The Mangi Environmental Group.
King, T. U.S. Forest Service, Wayne National Forest. 2000b. Personnel communication with The Mangi Environmental Group.

King, T. U.S. Forest Service, Wayne National Forest. 2000c. Personnel communication with The Mangi Environmental Group.


LaVal, R.K. and M.L. LaVal. 1980. Ecological studies and management of Missouri bats, with emphasis on cave-dwelling species. Missouri Dept. of Conservation Terrestrial Series 8:1-53.
McKenzie, P. M. June 23, 1999. USFWS biological opinion on the impacts of the forest management and other activities to the gray bat, bald eagle, Indiana bat, and Mead=s milkweed on the Mark Twain National Forest, Missouri. 100pp.
Ohio Department of Natural Resources. 26 January 2000a. Web page. Record number of bald eagles wintering in Ohio. Date accessed: April 18, 2001 . http://www.dnr.state.oh.us/odnr/wildlife/news/weekly/jw112600.html
Ohio Department of Natural Resources. March 23, 2000b. Web page. Wildlife news: Ohio eagles welcoming spring with eaglets. Date accessed: April 18, 2001. http://www.dnr.state.oh.us/odnr/wildlife/news/weekly/mh32300.html
Ohio Department of Natural Resources. 15 June 2000c. Web page. Wildlife news: Ohio=s bald eagles still soaring. Date accessed: April 18, 2001. http://www.dnr.state.oh.us/odnr/wildlife/news/weekly/mh61500.html
Ohio Department of Natural Resources, Division of Wildlife. Web page. No date provided (1). Date accessed April 18, 2001. Wildlife notes: bald eagle. http://www.dnr.state.oh.us/odnr/wildlife/publications/wildnotes/eagle.html
Ohio Department of Natural Resources, Division of Wildlife. Web page. No date provided (2) Date accessed: May 4, 2001. American burying beetle spotlight.

http://www.dnr.state.oh.us/odnr/wildlife/diversity/projects/beetle/beetle.html


Romme, R. C., K. Tyrell, and V. Brack, Jr. Indiana Department. of Natural Resources. 1995. Literature summary and habitat suitability index model: components of summer habitat for the Indiana bat, Myotis sodalis. Federal Aid Project E1-7. 172pp.
Schultes, Katrina. November 2000. Indiana bat project B Wayne National Forest. Summary of activities for summer 2000. Unpublished report to the Wayne National Forest.
Tierney, J. 2001 Carter Caves State Park Naturalist. Written correspondence with Lee Bigger of The Mangi Environmental Group.


Tyrell, L.E., G.J. Nowacki, T.R. Crow, D.S. Buckley, E.A. Nauertz, J.N. Niese, J.L. Rollinger, and J.C. Zasada. 1998. Information about old growth for selected forest type groups in the eastern United States. USDA Forest Service Gen. Tech. Rep. NC-197, St. Paul, MN- USDA, Forest Service, North Central Forest Experiment Station. 507pp.
U.S. Fish and Wildlife Service. 1983a. Northern states bald eagle recovery plan. USFWS, Twin Cities, Minnesota, 76 pp.
U.S. Fish and Wildlife Service. 1983b. Recovery plan for the Indiana bat. USFWS, Twin Cities, Minnesota, 80pp.
U.S. Fish and Wildlife Service. 1991. American burying beetle (Nicrophorus americanus) recovery plan. Newton Corner, Massachusetts. 80pp.
U.S. Fish and Wildlife Service. January 10, 1994. Biological opinion for forest management practice effect on the American burying beetle in the Ouachita and Ozark-St. Francis National Forests in Arkansas and Oklahoma.
U.S. Fish and Wildlife Service. April 1997. Biological opinion on the impacts of forest management and other activities to the Indiana bat on the Daniel Boone National Forest, Kentucky.
U.S. Fish and Wildlife Service. June 23, 1999. Biological opinion on the impacts of forest management and other activities to the gray bats, bald eagle, Indiana bat, and Mead=s milkweed on the Mark Twain National Forest, Missouri.
U.S. Fish and Wildlife Service. May 2000. Biological opinion on the Land and Resource Management Plan and the proposed special habitat needs and silviculture amendment, Daniel Boone National Forest, Kentucky.
U.S. Fish and Wildlife Service. July 31, 2001. Biological opinion on the Land and Resource Management Plan, Hoosier National Forest, Indiana.
U.S. Fish and Wildlife Service and National Marine Fisheries Service. 1998. Endangered species consultation handbook - procedures for conducting consultation and conference activities under section 7 of the Endangered Species Act. Washington, D.C.
U.S. Forest Service. 1986. Wayne National Forest Land and Resource Management Plan, Wayne National Forest.
U.S. Forest Service. 1987. Draft environmental impact statement, land and resource management plan, Wayne National Forest.

U.S. Forest Service. August 1992. Record of decision and final supplemental environmental impact statement for oil and gas resources, Wayne National Forest, land and resource management plan, amendment #8.




U.S. Forest Service.1995. Gypsy moth management in the United States: a cooperative approach: environmental impact statement.
U.S. Forest Service, Eastern Region, Milwaukee, Wisconsin. September 1998. Mark Twain National Forest programmatic biological assessment.
U.S. Forest Service. 1999a. Fall swarming and mine entry data sheets.
U.S. Forest Service, Wayne National Forest. 1999b. Forest summary bat report.
U.S. Forest Service. 2000a. Wayne National Forest combined data system. Forest vegetation database. Age class data.
U.S. Forest Service. 2000b. Environmental assessment for gypsy moth treatment. Monongahela National Forest, West Virginia.
U.S. Forest Service. 2001a. Wayne National Forest programmatic biological assessment.

Nelsonville, Ohio. 162 pp.


U.S. Forest Service. April 4, 2001b. Formal consultation request letter to Kenneth C. Lammers, USFWS, Acting Field Supervisor, Reynoldsburg, Ohio Field Office.
Zambrana, J. A., June 7, 2000. Letter to Kent E. Kroonemeyer, USFWS, Field Supervisor, Reynoldsburg, Ohio Field Office.

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