epaz 2016 navigating az natural and cultural resources butler and boley

Navigating Arizona’s Natural and Cultural Resources

Presented by:Krista J. Butler

Michael Boley, M.A.

EPAZ, 12th Annual Gatekeeper Regulatory Roundup Conference, March 29, 2016

Overview of Presentation:

Natural resources-related legislation and considerations

A selection of natural resources in Arizona including native, invasive, and threatened/endangered or otherwise listed protected wildlife and vegetation species

Summary of approximately 13,000 years of prehistory and history

Cultural resources-related legislation and sample project

Endangered Species Act (ESA) To “protect and recover imperiled species and the

ecosystems upon which they depend.”

A species may be considered:– Endangered – Threatened – Candidate

Critical Habitat 

ESA continued

Take: “to harass, harm, pursue, hunt, shoot, wound, kill trap, capture, or collect, or to attempt to engage in any such conduct." 

Listed wildlife are protected from “take” and trade– Also includes protection against habitat degradation

A listed plant is protected if on federal land or if federal actions are involved– still protected from commercial trade

Legend:Pink = Proposed Critical HabitatRed = Final Critical Habitat

Arizona’s ESA species 44 species of wildlife 21 species of plants

Arizona ESA species Humpback chub Three species previously existed in Grand Canyon Decline due to dams on the Colorado River

Critical habitat for humpback chub in Grand Canyon National Park on the Colorado River & LCR from River Mile 34 to 208

http://www.nps.gov/grca/learn/nature/fish-humpback-chub.htm

Arizona ESA species Chiricahua Leopard Frog (CLF) Cienegas, livestock tanks, lakes, reservoirs, streams,

and rivers at higher altitudes (≈3,200-8,900 feet)

Photographs by Krista J. Butler

CLF continued Declines primarily due to

predation by nonnative/ invasive species and a fungal disease

Additionally impacted by habitat degradation/destruction: – human development – natural disasters

Photographs by Krista J. Butler

Arizona ESA species Pima Pineapple Cactus (PPC) Low-slope areas of alluvial basins or hillsides in

semi-desert grasslands and Sonoran desert scrub– Pima and Santa Cruz Counties

Yellow flowers bloom from July to August

Photographs by Krista J. Butler

PPC continued Major threats include

fungus and rot Human impacts by

vehicles, including ATVs and dirt bikes

Invasive species competition

PPC vs. Barrel cactus species

Photographs by Krista J. Butler

PPCPPC

Barrel cactusBarrel cactus

Migratory Bird Treaty Act (MBTA) Illegal to “take, possess, import, export, transport, sell,

purchase, barter, or offer for sale, purchase, or barter, any migratory bird, or the parts, nests, or eggs of such a bird”

MTBA does not include provisions regarding habitat protection, only applies to the birds themselves– Additionally, no harassment protection, therefore MBs may be

harassed away from an area

Criminal statute, no civil penalties available– Misdemeanor “should have known”– Felony “knowingly” engaging in unlawful conduct

ESA versus MBTA Pursue Hunt Capture Kill Shoot Wound Harm Trap Collect Harass

Pursue Hunt Capture Kill Possess Sell/Purchase Receive Transport Deliver Export

Arizona State Law - ARS Title17 17-235

– Regulations pertaining to migratory birds including seasons, bag limits

• Burrowing owls are a non-game species with no open season, therefore no legal take

• Mourning Doves are a MBTA species, but also a gamebird with designated hunting season and therefore legal take available with valid hunting license plus Migratory Bird Stamp

17-236– May not take, injure, or harass bird or eggs except in

occurrence of normal agricultural or horticultural practices

State Scientific Collection License

“Allows handling or collection of wildlife for non-recreational purposes such as for wildlife management, gathering information valuable to the maintenance of wild populations, advancement of science, promotion of the public health or welfare, or for education”

Federal Special Purpose Permit To take, transport, or possess what would

otherwise be protected by MTBA for scientific or educational purposes

Must benefit the species, be important research, concern for individual members of a species

Federal Nest Destruction Policy If a nest is occupied by a designated MB,

destruction of the nest results in illegal take– Burrow is not considered empty for certain until

completely excavated

Western Burrowing Owls Not listed under ESA, but protected by MBTA Habitat: dry, open shortgrass and shrub dominated plains,

human landscapes such as golf courses and agricultural fields

Photographs by Krista J. Butler

Burrowing Owls continued Egg laying occurs in late March through April, hatchlings

emerge from burrow in May Typically use burrows previously constructed by other animals Burrow size highly variable

Photographs by Krista J. Butler

Photographs by Krista J. Butler

Photographs by Krista J. Butler

Photographs by Krista J. Butler

Burrowing Owls continued If encountered:

– Avoid disturbance• ≥100 foot radius buffer excluding all machinery and foot traffic

To permanently accommodate owls on site, maintain buffer zone between any burrows and construction– Onsite conservation areas should avoid fragmenting habitat

If impossible to avoid– Work with an organization permitted by both State and

Federal agencies to relocate and/or excavate and collapse burrows

• Federal Special Purpose Permit AND• State Scientific Collecting Permit

Burrowing Owls continued Preliminary surveys should be

conducted at the time of property acquisition or before project design to allow time to accommodate or mitigate for owls as needed.

If owls or burrows are found within a construction area at any time, burrows are to be avoided until the status of the burrows is determined and owls removed or other conservation measures are implemented.

Burrows may be:ActivePotentially Active Inactive

Photographs by Krista J. Butler

Invasive Vegetation Arizona Department of Agriculture (ADOA) listed

weed species ADOA “may quarantine any commodity, habitat, or area infested

or contaminated with a regulated pest ”

AZ Administrative Code R3-4-244Regulated and Restricted Noxious Weeds

AZ Administrative Code R3-4-245 Prohibited Noxious Weeds

Buffelgrass Buffelgrass, an invasive perennial species. Dense root system and groundcover

– competes for water – prevents germination of native species– supports the spread of fire

http://www.desertmuseum.org/programs/images/Pencil79.jpghttp://www.pima.gov/cmo/sdcp/species/fsheets/ex/Buffel.jpg

Invasive Aquatic Animals Arizona’s Aquatic Invasive Species (AIS)

Interdiction Act (HB2157), A.R.S. §17-255– “any aquatic species that is not native to the

ecosystem under consideration and whose introduction or presence in this State may cause economic or environmental harm or harm to human health.”

Quagga and Zebra Mussels Aquatic invasive species, freshwater Quagga mussels - Lake Mead in 2007

– Zebra mussels have not yet been detected in Arizona waters. 

Filter feeders that process significant quantities of plankton– can effect a shift in native species composition – damage recreational vessels

http://www.ncrcd.org/files/5213/6002/0914/zebra_and_quagga_mussels_10.jpg

Arizona’s Cultural Resources Summary of approximately 13,000 years of

prehistory and history

Cultural resources-related legislation and sample project

Paleoindian Period

http://georgiainfo.galileo.usg.edu/gastudiesimages/Paleo%20Indians%20Hunting%204.htm

http://azpaleosurvey.pidba.org/webpage/Images/SanPedro_Points.jpg

Clovis

Archaic Period

http://www.archaeologysouthwest.org/pdf/las%20capas_online_flaked_stone_drawings.pdf

Early Agricultural Period

Aerial photograph of the Early Agricultural period site of Las Capas near Tucson, Arizona. Photograph by Henry D. Wallace.http://www.archaeologysouthwest.org/what-we-do/investigations/earliest-farmers/

Early Agricultural Period

Photo by Mike Christy/Arizona Daily Starhttp://tucson.com/news/science/ancient-footprints-found-at-tucson-road-construction-site/article_031cae8e-ab3b-5dd7-952b-96892390e4e4.html

Formative Period

Archaeological cultures of the Southwest. Map by Catherine Gilman, updated by Kathleen Bader. Desert Archaeology, Inc.http://www.archaeologysouthwest.org/2013/11/25/back-to-basics-part-1/

Ancestral Puebloan and Salado

National Park Service

http://www.placestoseeinarizona.com/tonto-national-monument/

Hohokam

Illustration of a Hohokam platform mound at Pueblo Grande by Michael Hampshire.http://www.archaeologysouthwest.org/what-we-do/information/exhibits/pieces-puzzle/puzzle-piece-1-2/

Hohokam

http://www.archaeologysouthwest.org/what-we-do/information/exhibits/pieces-puzzle/puzzle-piece-1-2/

Hohokam

Hohokam

Photo by Allen Denoyerhttp://www.archaeologysouthwest.org/2014/09/12/meltdown/

Spanish Period

AHS#44478http://www.arizonahistoricalsociety.org/education/azstory/chapter_4/resources/

Spanish Period

By User:Jeffrey M Dean, CC BY-SA 3.0, https://commons.wikimedia.org/w/index.php?curid=45216787

U.S. Period

By Tony the Marine, CC BY-SA 3.0, https://commons.wikimedia.org/w/index.php?curid=24691587

http://www.jwtripp.com/Web/photos/Photo61/Taliesin_002.jpg.html

U.S. Period

Figure 11. BEER, RIBS AND BATHING BEAUTIES: Lessons Learned From Historic Artifacts. By Annette J. Thompson (AJ) and Jeffrey L. Baker, Knight & Leavitt Associates, Inc.

Legislation Antiquities Act of 1906 National Historic Preservation Act (NHPA) (1966) Archeological and Historic Preservation Act (1974) Archaeological Resources Protection Act (1979) Native American Graves Protection and Repatriation

Act (1990) Various State, County, Municipal Laws and

Ordinances

NHPA Section 106 Requires federal agencies to consider effects of

projects on historic properties Historic properties– a prehistoric or historic district,

site, building, structure, or object included in or eligible for inclusion in the National Register of Historic Places (NRHP)

NRHP Eligibility: Significance, Integrity, Age

NRHP Eligibility Significance

– Events, activities, or developments– People– Distinctive architectural history or engineering achievement– Potential to yield important information through archaeological

investigation Integrity

– Location, Design, Setting, Materials, Workmanship, Feeling, Association

Age– Typically at least 50 years old

Arizona Arizona Antiquities Act, administered by the Arizona

State Museum (ASM) (1960)– Permitting, repatriation, curation, discovery of human

remains State Historic Preservation Act (1982)

– Encourages preservation of historic resources by state agencies, expanded role of SHPO

City of Phoenix Zoning Ordinance– Chapter 8, the “Historic Preservation Ordinance”

Sample Project Involvement of federal agency Located on state, county, or municipal land Includes ground disturbance Within boundary of prehistoric archaeological site that

has been determined eligible for inclusion in the NRHP

Adverse effect

Adverse Effect to Historic Property Develop a Historic Property Treatment Plan and

agreement Obtain a burial agreement, project-specific permit, and

curation agreement from the ASM Do fieldwork (data recovery) Analysis of material Prepare draft and final report Curate collection at ASM

Contact:

Michael Boley, M.A.Senior Archaeologist

Michael.Boley@Terracon.com

Terracon - Phoenix Office4685 South Ash Avenue, Suite H-4

Tempe, AZ 85282480-897-8200

Krista J. ButlerSenior Environmental Scientist

KButler@dominion-env.com

Dominion Environmental - Phoenix Office20045 North 19th Avenue, Building 7

Phoenix, Arizona 85027623-516-1415

Questions?