Marbled Murrelet Clause Samples
The Marbled Murrelet clause establishes specific requirements or considerations related to the presence or protection of the Marbled Murrelet, a threatened seabird species, within the context of a contract or project. Typically, this clause may require parties to comply with environmental regulations, conduct surveys, or implement mitigation measures if activities could impact Marbled Murrelet habitats, such as during construction or land development near coastal forests. Its core practical function is to ensure legal compliance with wildlife protection laws and to minimize environmental impacts, thereby reducing the risk of regulatory violations and project delays.
Marbled Murrelet. The Washington, Oregon, and California marbled murrelet populations were listed as threatened by USFWS in 1992. Critical habitat was designated for the species in May 1996 (USDI, 1996). Six geographic zones for marbled murrelets were identified in the Marbled Murrelet Recovery Plan (USFWS, 1997b). Two of these zones, Puget Sound (Zone 1) and Western Washington Coast Range (Zone 2), are in Washington. The most recent estimate of the total breeding population of Washington marbled murrelets is approximately 5,000 birds (▇▇▇▇▇▇ et al., 1992; ▇▇▇▇▇▇ and ▇▇▇▇, 1995). These estimates were based on counts of birds on the water during the spring-summer breeding period. Both ▇▇▇▇▇ et al. (1995) and the Marbled Murrelet Recovery Team (USFWS, 1997b) have concluded that the listed population appears to be in a long-term downward trend. In North America, the marbled murrelet ranges along the Pacific coast from Alaska and south to California (▇▇▇▇▇▇▇▇, 1990). Marbled murrelets are semi-colonial seabirds and are dependent for breeding and rearing habitat upon old-growth forests, or forests with an older tree component (▇▇▇▇▇ et al., 1995). These stands are characterized as old-growth and late- successional coniferous forests, being of large size (greater than 32 inches in diameter at breast height) and multi-storied with a moderate to high canopy closure. The trees must have large, near-horizontal branches for egg-laying platforms, which are usually located higher up in the canopy. Breeding occurs from late spring to fall. A breeding pair will produce only one egg that incubates for approximately 30 days. The pair will incubate the egg in 24-hour shifts, rotating each evening (▇▇▇▇▇▇▇▇, 1990). The young remain until they are capable of flying to the sea. Marbled murrelets usually move to other areas to search for food when not breeding (▇▇▇▇▇ et al., 1995). Primary food sources include forage fish (smelt and sand ▇▇▇▇▇) (▇▇▇▇▇ et al., 1995) and invertebrates (▇▇▇▇▇▇▇▇, 1990). Marbled murrelets do not use farms for any of the stages of their lives, but farms can affect murrelets if runoff into salt water reduces forage by negatively affecting eelgrass beds and beaches. Murrelets feed on small fish (sand ▇▇▇▇▇ and ▇▇▇▇▇▇▇) and on plankton (adults may feed primarily on plankton) (▇▇▇▇▇▇, 2005). Review of the Priority Habitat and Species mapping data provided by WDFW indicates that the nearest detection location is approximately 3 miles from the Coverage Area’s northeastern ...
Marbled Murrelet. Under the ESA, “take” is defined as “to harass, harm, pursue, ▇▇▇▇, shoot, wound, kill, trap, capture, or collect, or to attempt to engage in any such conduct.” Harm is further defined by the USFWS as an act which actually kills or injures wildlife. Such an act may include significant habitat modification or degradation where it actually kills or injures wildlife by significantly impairing essential behavior patterns, including breeding, feeding, or sheltering (50 CFR 17.3). Incidental take is defined as take that is incidental to, and not the purpose of, the carrying out of an otherwise lawful activity. Forest Practices (timber harvesting, road construction, etc.) can result in both direct and indirect “take” of marbled murrelets. These effects can include the direct loss and fragmentation of habitat, increased risk of nest predation near harvest edges, habitat degradation associated with harvest edges, disruption of nesting behaviors associated with noise and visual disturbance, and the potential for direct mortality of marbled murrelet eggs or nestlings if a tree with an active nest is felled (USFWS 1997). The Alternatives considered in this EA are likely to maintain and/or increase potential marbled murrelet nesting habitat located in Forests & Fish Buffers, and result in some limited loss of existing potential marbled murrelet nesting habitat in areas classified as “Adjacent Forests.” In the following assessment, estimated impacts to potential marbled murrelet nesting habitat is used as an indicator for potential incidental take. Under all Alternatives, the likelihood of incidental take of individual marbled murrelets is expected to be very low given the limited amount of potential marbled murrelet nesting habitat estimated for the proposed Enrolled Lands. Considering the large areas of marbled murrelet habitat estimated to be present on federal and state lands in Washington (~1.09 million acres) (Raphael et al. 2018), it is likely that few, if any, marbled murrelets occur outside of existing Occupied Sites on the proposed Enrolled Lands.
Marbled Murrelet. 19 3.3.2 Northern Spotted Owl 19
Marbled Murrelet. Potential murrelet habitat will likely develop in enhanced riparian and wetland buffers and be dispersed in patches throughout the covered area in the form of baseline blocks, SSAs, and SMAs. Over time, these stands are expected to further develop into higher quality habitat with an increase in larger trees with more abundant nest platforms. Suitable murrelet habitat currently amounts to 447 acres within the baseline blocks and may eventually total 1,066 or more acres as SSAs, SMAs, and enhanced riparian and wetland buffers mature over time. Because these areas are expected to be the most structurally diverse across the covered lands, if occupancy were to occur, it would probably be in association with one or more of these areas. These areas will be protected for the 50-year permit term. If these areas become occupied, direct take of murrelets sites is not expected to occur because the SSAs, SMAs, and riparian and wetland buffers will be retained throughout the Permit term. However, if one of these areas becomes occupied, forest management activities in proximity may cause harassment through noise and/or visual disturbance. There are approximately 1,794 acres of forest potentially available for regeneration harvest and another 268 acres available for uneven aged management. These acres are less likely to provide murrelet nesting habitat over time because the forest will be periodically harvested. If occupancy does occur over these acres, and Everett is aware of it, the site would be protected for a minimum of 5 years, as described in
Marbled Murrelet. Everett, in cooperation with WDNR and USFWS, will verify the status and location of any newly occupied murrelet site. The status and location of the site will determine ▇▇▇▇▇▇▇’▇ conservation measures which will include minimizing noise disturbance and avoiding alteration of habitat within an occupied murrelet site. For the purposes of this SHA/CHEA provision, a murrelet site is defined as a minimum of seven acres, up to a maximum of 70 acres, of contiguous suitable murrelet habitat for which murrelet occupation is documented, as defined by Forest Practices Rules. Little extra conservation would be necessary when occupation occurs in baseline habitat, SSAs, enhanced riparian and wetland buffers, or adjacent SMAs. Over the duration of the agreement, these areas probably have the highest chance of occupancy because they are expected to provide the highest quality of habitat on the LCT. Elsewhere, if an occupied site is determined, harvesting will be deferred for a minimum period of five years, provided that only one occupied murrelet site will be so protected in any given year, and USFWS or appropriate state agencies will be notified and provided with a reasonable opportunity to rescue individual murrelets before any authorized incidental take occurs. Everett may choose to collect information regarding surrounding habitat and use of occupied murrelet sites to help inform development of longer-term conservation strategies. Such information would be useful for realigning harvest boundaries or modifying harvest plans, including consideration of partial harvest and thinning options, in an effort to retain the occupied murrelet site for several additional years into the future. Operating restrictions for nearby activities may be required, depending upon the specific location of the occupied murrelet site. While actual disturbance distance restrictions for various activities may change over time, Everett will follow those currently being required by Forest Practices Rules (Washington Forest Practices Board 1996). The Washington Forest Practices Board recognized that noise disturbance might disrupt murrelet breeding behavior and adopted rules to protect murrelets from disturbance by imposing an operating restriction during the daily peak activity periods within the murrelet critical nesting season (April 1 through August 31). The daily peak activity period for murrelets (WAC 222-16-010) is 1 hour before official sunrise to 2 hours after official sunrise, and 1 hour...
Marbled Murrelet. The marbled murrelet was listed as a threatened species under the ESA in Washington, Oregon, and California in 1992 (57 FR 45328), and critical habitat was initially designated in 1996 (61 FR 26257) and then revised in 2011 (76 FR 61599). The marbled murrelet is a small diving seabird that forges in near-shore marine waters but nests inland in mature conifers (USFWS 1997). One of the primary reasons for the listing was the loss of nesting habitat - predominantly mature and old-growth forests. The total marbled murrelet population in Washington, Oregon, and California was estimated at 19,700 birds in 2020 (▇▇▇▇▇▇ et. al 2022, p. 10). Monitoring from 2001 to 2020 indicates that the marbled murrelet population across the three-state area has increased at an average rate of +0.3 percent per year. The largest and most stable marbled murrelet subpopulations now occur off the Oregon and northern California coasts, where the population trends are positive, while subpopulations in Washington have declined at an average rate of approximately -4.1 percent per year since 2001. The marbled murrelet population in Washington was estimated to at approximately 5,151 birds in 2020 (▇▇▇▇▇▇ et al 2022). Habitat models developed for monitoring the federal Northwest Forest Plan estimated approximately 1.3 million acres of Potential Nesting Habitat in Washington in 2012 (▇▇▇▇▇▇ et al. 2021). Most of the estimated Potential Nesting Habitat in Washington occurs on federal or state- managed lands (1.09 million acres) (82 %) while approximately 18 percent of the estimated habitat was located on other ownerships (private, tribal, county, etc.) (▇▇▇▇▇▇▇ et al. 2018). It is important to note that the models used to estimate Potential Nesting Habitat for the Northwest Forest Plan were developed from remote-sensing data intended to estimate habitat across the entire tri-state area. The model is not intended for site-specific analysis and is not reliable for identifying areas that would meet the regulatory definition of “Suitable Marbled Murrelet Habitat” under the Washington Forest Practices Rules. With Potential Nesting Habitat estimated at over 1.3 million acres, and a population of approximately 5,151 marbled murrelets, Washington has the lowest average density of marbled murrelets to available habitat area within the range of the species (▇▇▇▇▇▇ et al. 2021). The general biology and ecology of the marbled murrelet is well described in the following documents: Recovery Plan for the Ma...
Marbled Murrelet. The Marbled Murrelet is a small, north pacific seabird (BC MELP 1998). Along the British Columbia coast, Marbled Murrelets nest primarily on mossy platforms high up in the canopy of large old growth conifer trees located generally within 50km of marine foraging areas” (BC MFLNRORD 2018a). The federal recovery strategy (Environment Canada 2014) and the BC provincial implementation plan (BC MFLRNORD 2018a) for Marbled Murrelet recovery lay out short-term and long-term conservation objectives for Marbled Murrelet populations and distribution. There are two established Marbled Murrelet WHA polygons within the SQCF, totalling 276 ha in the Mashiter Creek watershed, with associated GWMs (Appendix 1: Cultural Features, Water and Wildlife map). The purpose of the existing WHAs is to protect key Marbled Murrelet habitat. The WHAs will be managed in accordance with the GWMs, which specify: No primary forest activities are permitted except for in certain limited circumstances, and Do not develop sites, trails, facilities or structures for recreational purposes. Outside of the WHAs, much of the operable area of the SQCF has a low likelihood of containing the biophysical and structural attributes needed for Marbled Murrelet nesting habitat, due to the predominance of younger age classes. However there are some patches of old growth, and the entire Community Forest lies within 20 km of ▇▇▇▇ Sound (an ocean fiord) and thus is potential nesting habitat in terms of its distance from the ocean. All proposed harvest areas will be assessed as to whether they contain suitable nesting habitat. If presence of either habitat or the species is detected, measures will be taken to protect them. Such measures will be developed in consultation with a Marbled Murrelet habitat specialist. The recently completed Marbled Murrelet - Current Condition Report of the ▇▇▇▇ Sound Cumulative Effects Project (BC MFLNRORD 2018b) identifies the two main Landscape Units in the Community Forest (East ▇▇▇▇ and Mamquam LUs) as showing a moderate risk of exceeding nesting habitat depletion thresholds by 2032. Management considerations and recommendations put forth through the report and related decision-support tools (when available) will be taken into account and considered for implementation where relevant and feasible.
Marbled Murrelet. For the purpose of habitat determination under Forest Practices rules, forest stands that have all of the following forest stand characteristics may have sufficient potential nesting platforms to require murrelet surveys: within 50 miles of marine waters; contiguous forested area containing trees capable of providing nesting opportunities; at least 40% of the dominant and co-dominant trees are ▇▇▇▇▇▇▇-fir, western hemlock, western red cedar, or Sitka spruce; at least 7 acres in size; large (32-inch or greater DBH) conifer trees present; generally multi-storied (2-3 layers); and moderate canopy closure. Murrelets were observed landing on Lake Chaplain over a three year period, beginning in 1993, and a few murrelet flights over the forest on the northwest lakeshore were observed (Washington Department of Fish and Wildlife 1993-1995). Those observations were recorded as Status 4 detections meaning that murrelets were either seen or heard but behavior indicating nesting occupancy was not documented. No further observations of murrelets on Lake Chaplain have been recorded since a pair of bald eagles began nesting there in 1997 (Public Utility District No. 1 of Snohomish County et al. 1998). Bald eagles are known to prey on adult murrelets, both in flight and on the water (U.S. Fish and Wildlife Service 2012b); whether eagle presence contributed to the subsequent absence of murrelets is uncertain. Portions of suitable murrelet habitat at LCT were surveyed in accordance with protocol (▇▇▇▇▇ ▇▇▇▇ et al. 2003) in preparation for relicensing the ▇▇▇▇▇▇▇ Hydroelectric Project (FERC Project No. 2157) (Biota Pacific 2008a). Surveys were conducted in 2007 and 2008; survey areas are depicted in Figure 3-4. Murrelets were not detected in any of these areas surveyed at the LCT. In 2014, as part of the ▇▇▇▇▇▇▇ Hydroelectric Project, the PUD contracted for a marbled murrelet habitat assessment and audio-visual survey within one mile of ▇▇▇▇▇▇▇’▇ Diversion Dam on the Sultan River for the purpose of implementing its marbled murrelet habitat protection plan (Figure 1-1). The majority of this survey effort was on ownership other than LCT lands. However, the results from this survey effort do indicate some marbled murrelet occupancy on LCT property in the vicinity of the Diversion Dam.
Marbled Murrelet. There are currently 447 acres that have been delineated as baseline habitat for murrelets. Other than baseline habitat in the vicinity of the Diversion Dam, occupancy is uncertain across the majority of the baseline acres, but over time, they are expected to further increase in quality and the chance of occupancy may increase in association with that habitat improvement. This is expected to be a net-conservation benefit. There are approximately 210 acres in SSAs and 287 acres in buffers (see above). These acres will be deferred for the life of the agreement. These acres are not currently thought to be habitat for murrelets, but over the 50 year agreement time frame, some of these acres are expected to develop into habitat. These future acres of habitat are expected to provide habitat in excess of the baseline acres. Deferring harvest of mature forests comprising over one-third of the LCT forest lands ensures that mature forest conditions will be retained in large blocks on the covered lands for the term of the agreement. It is anticipated that conifer trees in deferred-harvest areas will increase in size and develop large limbs and other structures (e.g., mistletoe brooms) that could serve as murrelet nesting platforms. This is an expected net conservation benefit. Should murrelets occupy forests within the covered lands, Everett will protect occupied sites according to measures described heretofore. These protection measures will ensure that murrelets will have an opportunity to reproduce successfully in deferred-harvest areas and, at least for the short term, on operable forest lands. Conservation measures to develop potential suitable murrelet habitat, along with occupied site protective measures, are actions Everett would not otherwise implement on its forest lands; thus, implementation of the SHA/CHEA constitutes a net benefit for murrelets in this forest landscape.