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| Background and Q&A's about the draft economic analysis of proposed Alameda whipsnake critical habitat |
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April 3, 2006 News release
| Typical Alameda whipsnake habitat in California's East Bay region/ FWS photo | |||
| Contacts: The Alameda whipsnake, slender and fast-moving, is sooty black, with distinct yellow-orange stripes running down each side. It can reach a length of up to 4 feet and feeds mostly on lizards, plus rattlesnakes, small mammals and birds. Distribution of both subspecies appears to closely coincide with chaparral. Although home ranges of the Alameda whipsnake center on shrub vegetation, whipsnakes frequently venture into adjacent habitats, including grassland, oak savanna, and, occasionally, oak-bay woodland. The Alameda whipsnake is a member of the family Colubridae. Alameda whipsnakes are, non-poisonous diurnal snakes with a broad head, large eyes and slender neck. When hunting, these snakes commonly move with the head held high and occasionally move it from side to side, possibly to aid in depth perception. Prey is seized with great speed, pinioned under loops of the body, and engulfed without constriction. The whipsnake is a lizard-eating specialist, although its diet may include other prey (e.g., rattlesnakes and nesting birds) depending on an individual's size, sex, age, and location. These snakes are good climbers that can escape into scrub or trees. Additionally, they seek shelter in rock piles, outcrops, or small mammal burrows. The distribution of the Alameda whipsnake coincides most closely with scrublands broken by grassy patches, and rocky hillsides. The whipsnake occurs typically within a mosaic of habitat types containing scrub (chamise-redshank chaparral, mixed chaparral, coastal scrub) communities, with a significant component of annual grassland, as well as other wooded habitats such as blue oak-foothill pine, blue oak woodland, coastal oak woodland, valley oak woodland, and riparian communities or rocky outcrops. Alameda whipsnakes exhibit a preference for open-canopy stands and habitats with woody debris and exposed rock outcrops because these habitats provide areas for basking, cover from predators, and an ample source of prey. The Alameda whipsnake currently inhabits the inner coast range mostly in Contra Costa and Alameda counties, with additional occurrence records in San Joaquin and Santa Clara counties. The historic range of the Alameda whipsnake most likely included the entire coastal scrub and oak woodland communities throughout the East Bay in Contra Costa, Alameda, and parts of San Joaquin and Santa Clara counties. Threats: Questions and Answers Q. What is the population of the Alameda whipsnake? A. There is no firm information on the actual population of Alameda whipsnakes within its range. However, the loss of occupied Alameda whipsnake habitat due to recent urban development is significant in several of the proposed critical habitat units, which has likely resulted in a reduction in population size. Q. What is critical habitat? A. Critical habitat is a term in the Endangered Species Act for areas designated by the Service that have features essential for the conservation of a threatened or endangered species and which may require special management considerations. The designation of critical habitat does not affect land ownership or establish a refuge, wilderness, reserve, preserve, or other conservation area. It does not allow government or public access to private lands. Federal agencies that undertake, fund or permit activities that may affect critical habitat are required to consult with the Service to ensure such actions do not adversely modify or destroy designated critical habitat. The designation does not affect pure private or state actions on private or state lands, or require lands to be positively managed for conservation. Q. Why did the Service prepare an economic analysis? A. In 2001 the U.S. 10 th Circuit Court of Appeals instructed the Service to conduct a full analysis of all of the economic impacts of proposed critical habitat, regardless of whether those impacts are attributable co-extensively to other causes (N.M. Cattle Growers Assn. v. USFWS). In 2004 the U.S. 9th Circuit Court invalidated the Service's regulation defining destruction or adverse modification of critical habitat (Gifford Pinchot Task Force v. USFWS). The Service is currently reviewing the decision to determine what effect it, and other cases, may have on the outcome of consultations pursuant to Section 7 of the Endangered Species Act. Q. What is the scope for the analysis? A. The analysis identifies those economic activities believed to most likely threaten the listed species and its habitat and, where possible, quantifies the economic impact to avoid, mitigate or compensate for such threats within the proposed critical habitat. Due to the difficulty in making a credible distinction between listing and critical habitat effects within critical habitat, the analysis considers all future conservation-related impacts to be coextensive with designation, including impacts associated with overlapping protective measures by other agencies. The economic impacts associated with the protection provided under Section 9 (the prohibition of “take,” meaning to “harass, harm, pursue, or collect or attempt to engage in any such conduct”) manifest themselves in Sections 7 and 10. Section 7 of the Act requires federal agencies to consult with the Service to ensure that any action will not likely jeopardize the continued existence of the listed species or result in destruction or adverse modification of the designated critical habitat. The administrative costs of these consultations, along with the costs of project modifications resulting from these consultations, represent compliance costs associated with the listing of the species and designation of critical habitat. Section 10 enables public and private parties to develop a Habitat Conservation Plan (HCP) for a listed species, enabling the Service to issue an incidental take permit in connection with a property. The requirements posed by an HCP may have economic impacts associated with the goal of ensuring that the effects of incidental take are adequately minimized and mitigated. The designation of critical habitat does not require completion of an HCP; however, the designation may influence conservation measures provided under an HCP. Q. How did the Service's economic consultant determine the impacts of the proposed critical habitat on housing markets? A . The process followed five steps:
Q. How did the Service determine which lands to include in the proposed critical habitat? A. The Service is proposing critical habitat on lands that we have determined were occupied at the time of listing and that contain the “primary constituent elements” – key habitat features -- essential to the conservation of the Alameda whipsnake. The Service is required to use the best scientific and commercial data available, including information gathered for the draft Recovery Plan, information from local sub-species experts, published and unpublished research papers (e.g., peer-reviewed journal articles in the public domain), academic theses, abstracts of presentations at scientific meetings, notes from our attendance at such presentations, consultation with recognized experts in the field, and review of case studies of other critical habitat designations. Q. What are the primary constituent elements for the Alameda whipsnake? A. The Alameda whipsnake requires the following habitat features:
Q. What activities authorized, funded or carried out by Federal agencies could adversely affect critical habitat for the Alameda whipsnake? A. Such projects could include anything that:
Q. Why is the Service proposing to exclude large areas from the critical-habitat units? A. The Service often excludes from critical habitat public or private lands that are under current or proposed conservation management plans. Such plans, which already benefit listed species, preclude the need for special management under critical habitat. In this case, the Service is seeking public comment on the idea of excluding lands included in the draft East Contra Costa County Habitat Conservation Plan and the East Bay Regional Park District Master Plan. Both plans contain management measures and protections for identified preserve areas that protect, restore, and enhance the value of these lands as habitat for Alameda whipsnake. Q. What protection does the Alameda whipsnake currently receive as a listed species? A. The Endangered Species Act forbids the import, export or interstate or foreign sale of protected animals and plants without a special permit. It also makes "take" illegal-- forbidding the killing, harming, harassing, possessing or removing of protected animals from the wild. Federal agencies must also consult with the Service to conserve listed species on their lands and to ensure that any activity they fund, authorize or carry out will not jeopardize the survival of a listed species. Permits may be issued to carry out otherwise prohibited activities involving endangered wildlife species for scientific purposes, to enhance the propagation or survival of the species or for incidental take in the course of certain otherwise lawful activities. In addition, the Endangered Species Act requires that federal agencies not only take action to prevent further loss of a species, but also pursue actions to recover species to the point where they no longer require protection and can be delisted. Q. Do federal agencies have to consult with the Service outside critical habitat areas? A. Yes. Even when there is no critical habitat designation, federal agencies must consult with the Service to ensure any action they carry out, fund or authorize is not likely to jeopardize the continued existence of a listed species. Q. Does the public have an opportunity to comment on the proposed critical habitat designation? A. Yes. Those wishing to submit comments and materials concerning this proposal may do so by any one of several methods: By mail to: By hand delivery to the above address. By e-mail. Q. Is the Service developing a recovery plan for the Alameda whipsnake? A. Yes. The Service released a draft recovery plan for the Alameda whipsnake and other species in the East Bay 's chaparral and scrub habitat in 2003. The Service is in the process of completing the draft plan. The draft recovery plan recommends protection and management activities in chaparral and coastal-sage scrub areas where these species currently or potentially occur within the four counties. A large portion of this area is currently managed under Federal, State or other conservation authority. The plan focuses on determining species status, providing long-term protection to crucial habitat areas, restoring habitat, and conserving the biological integrity of the area. It also provides a biological roadmap that local public agencies and land managers can use in devising fuel management and fire safety strategies. If you have more questions, please feel free to call or write: U.S. Fish and Wildlife Service |
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