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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
Terracon - Phoenix Office4685 South Ash Avenue, Suite H-4
Tempe, AZ 85282480-897-8200
Krista J. ButlerSenior Environmental Scientist
Dominion Environmental - Phoenix Office20045 North 19th Avenue, Building 7
Phoenix, Arizona 85027623-516-1415
Questions?
