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Bull Trout - Photo from USDA Forest Service |
The information-gathering phase is divided into two tasks:
Species-Related Information Gathering
The information gathering process for species is divided into three steps:
Species List Acquisitions
The project biologist must have a species list to prepare the biological assessment. Species lists identify listed species, proposed species, candidate species, species of concern, and proposed and designated critical habitat in defined geographic areas.
The project biologist should begin researching the species that may potentially occur in the project action area by obtaining species lists from USFWS and NOAA Fisheries websites. BAs must address the listed and proposed species and designated and proposed critical habitat identified on species lists obtained from the Services within 180 calendar days of acquiring species lists from the Services.
For projects located in western Washington, the USFWS now provides countywide species lists. For eastern Washington countywide lists are also available. Because they are not specific to the project area, these countywide lists often include species that do not occur in or near the action area.
To generate a project-specific USFWS species list, the project biologist should request species and habitat information from the WDFW Priority Habitats and Species database and the WDNR Natural Heritage database (described more fully below) for the project site and vicinity. This information can be used to narrow the countywide list provided by USFWS, to better represent the species that could occur in the vicinity of a proposed project. A project biologist can also revisit Federal Register listing decisions to determine the historical and current range for various species and to evaluate whether these ranges coincide with the project area. In Western Washington, if a species list is needed to address a different size area (the project area or a city, for example), the action agency may choose to generate its own list to send to the Services for concurrence.
NOAA Fisheries species lists relevant for Washington state can also be obtained online. There is one list for listed salmon species (Snapshot of ESU status), a map and accompanying list for designated critical habitat for listed salmon ESUs in Washington State, and for marine mammals and reptiles, the national list is available online, which must be distilled into a list that reflects species occurring in Washington State.
The project biologist can generate a site-specific NOAA Fisheries species list by using the NOAA species lists, coupled with information from WDFW, to compile a more specific list of species occurring in the vicinity of a proposed project. The site-specific list generated by the project biologist should be verified with a NOAA Fisheries biologist to ensure the list's accuracy and applicability to the proposed project site.
The BA must be started within 90 days of receiving the species list and must be completed within 180 days of receiving the species list, and must be completed prior to the initiation of construction or contracts. Because the status of species and habitat can change, species lists must be updated every 6 months. Potential impacts on these species should be evaluated in a BA.
The ESA requires all listed species potentially affected by a project to be addressed in the BA written for a project, including any listed species inadvertently omitted from the species list. USFWS and NOAA Fisheries species lists may not always be exhaustive due to constant changes in the local presence of species and because the lists may be generated on a countywide or statewide scale. As a result, these lists may include species that might not occur in the project area, or they may omit species that are, in fact, present in the project vicinity. For these reasons it is recommended that project biologists supplement federal species lists with information from other state and local agencies and biologists.
State Database Requests
The following agencies manage databases for priority animal species and habitats as well as for sensitive plant species and habitats:
- WDFW Priority Habitats and Species Program database (PHS) for information on ESA-listed fish and wildlife species, state priority species, and any habitat associated with these species occurring in the vicinity of the project.
- Marbled murrelet and spotted owl information must be requested specifically from the PHS database, in addition to a general request.
- All specific site information is sensitive and confidential and generally should not be included in public documents or the final BA.
- For batched or programmatic BAs that cover a large geographic area, species information can be included in the BA. However, all sensitive information must be shown at a coarse scale. WDFW outlines standards and criteria for exhibiting species information.
- WDNR Natural Heritage Program database for information on locations of sensitive plant species and rare plant communities occurring in the vicinity of the project.
- All specific site information is sensitive and confidential and should not be included in public documents or the final BA.
- WDNR Natural Heritage Program Online Field Guides for information on identification of Washington's rare plant species and their habitats, Washington's rare amphibians and reptiles, and terrestrial plant communities of the Puget Trough Ecoregion.
Personal Communication with Local Experts
Personal communication with local experts is highly recommended to acquire additional information on species occurrence and environmental baseline conditions in the watershed or project area. Citations for these communications should include the date and the names and available contact information for the local biologists interviewed by the project biologist. Citations should be provided throughout the document as necessary and included in the reference section of the BA. A range of potential resources is available:
- Local tribal biologists
- WDFW area habitat biologists
- WDNR biologists
- Watershed council members
- Researchers from local universities or academic institutions.
A list of WDFW regional habitat program managers is provided.
Project-Related Information Gathering
When gathering information related specifically to the proposed action, the project biologist must complete three steps:
- Develop an understanding of the proposed action - which involves breaking down the proposed action into is various elements
- Conduct a site visit.
Developing an Understanding of the Proposed Action
The first step in understanding the proposed action, and also in characterizing the action in the BA, is deconstructing the proposed action into its constituent elements or parts. To do this, the project biologist must review project plans and consult with project engineers, environmental staff and designers to identify all elements of the project.
The project biologist must then develop an understanding of the proposed action, or how the various elements fit together and what potential impacts could be generated from them. Again, close coordination with project engineers and designers will be necessary to ensure the project biologist understands the timing, sequencing, and magnitude of the project elements. The following project conditions should be identified during this phase:
- Project timing and chronology
- Amount and location of clearing and grading
- Amount of new impervious surface
- Proposed treatment of runoff
- Existing impervious surface, treatment, and location of treatment facilities
- Extent of in-water work
- Duration of in-water work
- Amount and type of vegetation to be removed (this may require a site visit)
- Type of equipment to be used
- Locations of material sources that are being developed due solely to the project
- Proposed BMPs
- Extent of the operation of the facility
- Future maintenance requirements.
If a project will create new impervious surface, the project biologist can use the Endangered Species Act Stormwater Design and Erosion Control Checklist to facilitate gathering all necessary information. This form is available upon request from WSDOT project managers or from the WSDOT Biological Assessment Preparation for Transportation Projects: Advanced Training Manual (pdf 549 kb) (see Part 3 – Gathering Information for a Biological Assessment).
Conducting a Site Visit
After developing an understanding of the project elements, the project biologist must conduct a site visit to document existing conditions and to review the proposed action. WSDOT requires that the project engineer, project environmental permit coordinator, or other person who is intimately familiar with the project accompany the project biologist on the site visit, particularly for complex projects. During this information-gathering phase, the project biologist should determine and document the following conditions:
- Vegetation
- Topography (immediate and vicinity)
- Stream habitat conditions (water quality, habitat types and features present, site-specific description of habitat characteristics and channel configuration, etc.)
- Riparian conditions (vegetation, large woody debris [LWD], bank condition, watershed conditions, etc.)
- Existing level of disturbance and/or development
- Historical and present land use
- Historical and present species use
- The presence of critical habitat within project area, vicinity, and action area
- The presence of suitable habitat within project area, vicinity, and action area.
When in the field, the project biologist should also note the following features:
- What are the locations of significant habitat features (important to species survival or reproductive success) in relation to project? Are they active or inactive? Are they in the line of sight? Will they potentially be affected by construction-related noise? Will they potentially be affected by construction-related sediment impacts?
- Are prey species located in the habitat? Will they be affected by project-related impacts? Will the impacts be great enough to cause an indirect effect on listed species?
- For some species (e.g., murrelet and bull trout), if suitable habitat features or prey species are present in a project action area, the presence of listed species must be assumed.
- Is a survey (according to accepted protocol) necessary to identify the presence of suitable habitat or potential presence of species?
The evaluation of the extent of proposed impacts related to the project action will be based on the project, species, and habitat information gathered in the three steps of the information gathering phase.