USFWS Monarch Listing and Monarch CCAA Christopher Smith

USFWS Monarch Listing and Monarch CCAA Christopher Smith, Minnesota Department of Transportation Iris Caldwell, University of Illinois Chicago September 2020 Image: Overwintering monarchs at Pismo Beach, CA.

Overview > Monarch Butterfly 101 > Monarch Listing Decision > Brief Overview of the CCAA > How the CCAA Works > Enrollment Process > More Information > Mn. DOT Example > Discussion / Q&A

Monarch Butterfly 101

Monarch Butterfly 101 > Monarch Butterfly under review for “listing” under the federal Endangered Species Act > Caterpillars feed only milkweed, which is common in MN roadsides > Adults nectar on a variety of flowers, including some noxious weeds. Fall flowers especially important (blazing star, goldenrod, asters, etc. ) > Monarchs that spend the summer in MN migrate to Mexico for the winter > Long term population decline First instar monarch caterpillar.

Monarch Butterfly 101 > Monarch butterflies typically arrive in MN in early May > Monarch butterflies occur statewide by mid summer > Multiple generations during Minnesota’s summer > Eggs laid on or near milkweed > Pupate in a chrysalis that is formed away from milkweed (on grasses, shrubs, and artificial structures (fencing, walls, posts, etc. ) > Adults that emerge in August / September migrate south Monarch chrysalis on grass.

Monarch Listing Decision > Decision will incorporate updates since decision was postponed last year: – Additional conservation actions – East and West population overwintering data > USFWS will propose a decision based on: – Are monarchs in danger of extinction… • Currently, or over the foreseeable future? • Throughout its range? • Significant portion of its range? > Federal ESA -- Last resort – “All hands on deck” approach (Thogmartin et al. 2017)

Listing Decision and the CCAA: December 15, 2020 If decision is: CCAA brings value through: q. To list as Threatened or Endangered üRegulatory assurance and incidental take coverage q“Not Warranted, Precluded” üCertainty amidst potential challenges; possibility to contribute to (or preclude the need for) future listing decisions q. To list as “Warranted, But Precluded” üCertainty and consistency; likely considered in future listing decisions (to avoid listing as Threatened or Endangered)

What Restrictions are Possible? > A monarch listing with take prohibitions would potentially restrict operations during a significant portion of the year. > Where could this apply? – Lands containing milkweed – Accompanying lands with natural cover

What is a CCAA? > CCAA = Candidate Conservation Agreement with Assurances > CCAA’s are: – Voluntary, pre-listing tools – Cooperative agreements between non. Federal partners and USFWS – Incentives to provide proactive, immediate conservation for at-risk species

Monarch CCAA Overview > First nationwide CCAA > Aims to create more than 2 million acres of habitat on energy and transportation lands ► Provides immediate and long-term benefits to monarch butterfly ► Ensures regulatory certainty and helps preclude the need to list ► Maximizes operational flexibility in the event of listing by providing incidental take coverage ► Promotes voluntary conservation measures aligned with existing industry practices (e. g. , IVM) ► Creates public-private partnership to build capacity and momentum for monarch conservation

Rights-of-Way as Habitat Working Group: CCAA Advisory Team

What could happen without the CCAA? > More likely to be listed > Increased reliance by agencies on an ESA listing to provide protection > Restrictions on vegetation management activities > Project delays to comply with ESA requirements > More costly alternatives (e. g. , HCPs) Brett Billings, USFWS The CCAA provides an insurance policy against uncertainty in listing, challenges, and changes. It’s voluntary and low-risk!

Who can enroll? > Eligible applicants include non-Federal organizations (either public or private) managing lands associated with energy and transportation infrastructure: – Rights-of-way, including owned, leased, or easement lands – Generation facilities, including nuclear, coal, and renewables – Distribution systems, including oil, gas, and electric

How does it work? Monitoring Sites Adopted Acres Enrolled Acres

Conservation Measures CREATE PLAN AVOID MANAGE SET ASIDE PLANT A VARIETY OF MILKWEED AND NATIVE FLOWERING PLANTS TO RESTORE OR ENHANCE HABITAT TIME MOWING, BRUSH REMOVAL, AND HERBICIDE USE WHEN MONARCHS, EGGS, OR CATERPILLARS ARE NOT PRESENT REDUCE MOWING AND SPRAYING, AND USE TARGETED PRACTICES WHERE POSSIBLE TO ENHANCE SUITABLE HABITAT ADOPT GRAZING, BURNING, AND OTHER MANAGEMENT PRACTICES TO PROMOTE BENEFICIAL PLANTS ALLOW CERTAIN AREAS TO REMAIN IN A NATURAL STATE WITH AS LITTLE ACTIVE MANAGEMENT AS POSSIBLE

How much conservation is required? > Partners commit to a minimum adoption rate on their enrolled lands

What monitoring is required? > Effectiveness monitoring documents whether conservation measures are creating the expected benefits on adopted acres > Monitoring Protocol: – Randomly distribute and select plot locations from the office – Conduct field sampling of 1, 500 ft 2 plots – Report results every 1 – 3 years

What monitoring is required? Milkweed Present Required. Are numerous milkweed plants present within the sample plot? (Yes/No) Nectar Resources Present Required (West/South) or Optional (Midwest/East). Is greater than 10% cover of nectar plants present within the sample plot? (Yes/No) Milkweed Count Optional. Record the number of milkweed observed within the sample plot. Nectar Resources Cover Optional. Record the estimated percent cover of nectar plants present in the sample plot. Monarchs Observed Optional. Yes/No. Indicate whether monarchs (adult, larvae, or eggs) were observed within the sample plot at the time of survey.

Compliance with Other Federal Laws > CCAA Policy requires adherence to other Federal laws, primarily: Section 7 of the Endangered Species Act Section 106 of the National Historic Preservation Act • Avoid take to Federal-listed fish • Only applies to activities reasonably and wildlife, unless approved by likely to result in take of monarchs. prior consultations/permits. • Adhere to CCAA Section 106 • Adhere to self-proposed AMM’s Protocol (Appendix C), or propose for listed plants and critical an alternative established protocol. habitats.

What is the timeline for enrollment? Enroll Today! > Support the monarch butterfly > Receive immediate regulatory certainty and operational flexibility > Avoid potential gaps in ESA coverage > Be an industry leader and help build momentum for habitat conservation > Ensure the success of this unique, cross-sector partnership Note: No required time commitment or penalty for leaving the CCAA

Help us achieve our enrollment target! Enrollment snapshot: > 17 applications received to date − 9 energy companies − 8 highway agencies > More than 60 organizations considering enrollment Help us achieve our enrollment target of 465, 000 adopted acres!

Enrollment Process Assess your system / Reach out to UIC with questions Request a preapplication meeting with UIC Submit completed application form to UIC conducts general application review Implement conservation measures, monitors, and reports Pay administrative fee UIC issues Certificate of Inclusion to applicant USFWS conducts Section 7 review

What is the cost? > Administrative Fee = Application Fee > > + Base Fee + Cost per Acre − Deductions Application Fee covers the cost of review and processing the COI application (first year only). Base Fee supports general program administration. Cost Per Acre accounts for scale differences among Partners to support administration. Deductions Per Acre provides financial incentives for contributions above and beyond baseline compliance. Fee ranges $5, 000 - $30, 000 per year Average $15, 000 per year

Where do I get more information? • Find more information here: http: //rightofway. erc. uic. edu/ • • • Webinar Recordings Case Studies FAQs Talking Points CCAA Toolkit Cost-Benefit Analysis • Download application materials • Contact UIC to schedule your pre-application meeting

CCAA Video Tutorials Check out the video tutorials providing step-by-step guidance: 1. Completing the Application Form 2. Determining Enrolled Lands 3. Administrative Fee Calculator 4. Section 7 Application Requirements 5. Effectiveness Monitoring & Adaptive Management Available on the CCAA Toolkit!

Mn. DOT Example > Mn. DOT submitted application to participate in the Monarch Candidate Conservation Agreement with Assurances (CCAA) in April 2020 – Enrolled Lands: All – Covered Activities: Modernization > Mn. DOT forming an Implementation Team > 2020 monitoring complete

Mn. DOT Example – What is suitable habitat? > Applied to enroll everything, including paved surfaces. – Simplifies accounting / tracking > In MN, milkweed grows nearly everywhere: – Cracks in sidewalks / concrete – Gravel / dirt road surfaces – Soil stockpiles (during construction) – Wetlands – Forest openings and edges

Mn. DOT Example – What is suitable habitat? > In MN, milkweed doesn’t generally grow: – Open/deep water – Very dense forests

Mn. DOT Example – Estimating acreage > Estimated width per functional class > Government Accounting Standards Board (GASB) 34 Report – Roads, Bridges, Right of way • Assumed widths: – Interstate: 390’ – US: 205’ – State: 135’ > Randomly selected 150 points to validate. Results: • Interstate: 380’ • US: 248’ • State: 165’ Assumed acreage: 256, 679 (includes misc. acres) Estimated acreage: 291, 300 (does not include misc. acres)

Mn. DOT Example – Estimating acreage > Road width X 5280 feet/mile = sq ft / mile > 1 acre = 43560 sf > Interstates = 913. 5 miles x 380’ = 42, 100 (rounded up) > US = 3215 miles x 250’ = 97, 500 > MN = 7582 miles x 165’ = 151, 700 > Estimated Grand Total = 291, 300 > Assumed Grand Total = 256, 679 (GASB 34)

Mn. DOT Example – Estimating acreage Full System > Assumed Enrolled Total = 256, 679 > Minimum Adopted Acres (8%) = 20, 534 – Interstates = 43, 178 (total) – 16, 727 (paved) = 26, 451 acres of green place

Mn. DOT Example > Federalizes entire system (“weak” nexus) > Defer full-width mowing on interstates, plus select US/MN hwys (these can be rotated) – Safety mowing able to continue as needed. – Mow full width before May 15 or after Sept. 30 > Develop internal processes to ensure compliance with federal regulations, expand benefits to Mn. DOT – ESA Section 7, CRU Section 106

Mn. DOT Example > 50 random plots (plot = 10’ x 150’) > Only 56% of plots had ≥ 6 stems of milkweed > Average # of stems = 36 (min = 0, max = 413) > 90% CI, lower = 19 stems / upper = 53 stems MN Goal = 6 or more stems per plot

Mn. DOT Example > Fee Calculator > Section 7 Consultation Materials > Section 106 Guidance > Full Application

Questions? Chris Smith, christopher. e. smith@state. mn. us Protected Species Program Coordinator Minnesota Department of Transportation Iris Caldwell, P. E. , iriscald@uic. edu Program Manager – Sustainable Landscapes Energy Resources Center The University of Illinois Chicago

Q&A > Fee owned vs Easements > CCAA Scope – Lands w/ transportation purpose > NLEB Comparison > Process for those that do not participate in CCAA if monarch is listed – HCP for non-federal activities (e. g. , mowing, herbicide applications, non-fed construction) – Actions with USACE jurisdiction (but full project not reviewed) – Double consultation – Federal undertakings (e. g. , FHWA funded projects) -- Formal consultation > CCAA allows for phased approach? – Gradual implementation – Amendments