VIRGIN SPINEDACE

CONSERVATION AGREEMENT AND STRATEGY

Prepared by:


Leo D. Lentsch

Native Fish and Herptile Coordinator

Utah Division of Wildlife Resources


N. Jane Perkins

Aquatic Biologist

Utah flivision of Wildlife Resources


and


Henry Maddux

Biologist

United States Fish and Wildlife Service





publication Number 95-13


Utah Department of Natural Resources

Division of Wildlife Resources

1596 West North Temple

Salt take City, Utah 84116


An Equal opportunity Employer


Robert C. Valentine

flirector



June 1995

CONSERVATION AGREEMENT

Virgin spinedace

Lepidomeda mollispinis mollispinis


This Conservation Agreement for the virgin spinedace Lepidomeda mollispinis mollispinis has been developed in order to expedite conservation measures needed for the continued existence and recovery of the species. These measures will be taken in accordance with the Endangered species Act of 1973 as amended (ESA) . The agreement focuses on two objectives. The first is to reduce and eliminate significant threats. The second is to enhance and/or stabilize specific reaches of occupied and unoccupied historic habitat. These objectives will be reached through implementation of the Conservation Strategy for the species (Attachment A) . Full implementation of this agreement and the associated strategy will reduce threats to the Virgin spinedace that warrant its listing as a sensitive species by State and Federal agencies, and as threatened or endangered under the ESA.

The virgin spinedace is a small minnow endemic to the virgin River Basin in Utah, Arizona, and Nevada. Shoreline-land ownership within the flood plains of virgin spinedace habitat is approximately 38% federal, 3% state, 5% pajute Tribe managed and 54% private. Past and present human activities such as water development projects, agriculture, mining, urbanization and the introduction of non-indigenous fishes have altered the Virgin River ecosystem. There has been a 37-40% reduction (approximately 84 km/52 mi) in virgin spinedace historic range (approximately 226 km/140 mi) . Current populations are fragmented, and occur almost exclusively within Utah. Due to these reductions and perceived threats to the species, the United States Fish and wildlife Service (FWS) proposed listing the species as threatened, pursuant to the ESA, on May 18, 1994 (59 FR 25875).


I. OTHER SPECIES INVOLVED

The primary focus of this agreement is the conservation and enhancement of the Virgin spinedace and its habitat; however, other species occurring within or adjacent to virgin spinedace habitat may also benefit. Three hundred and sixty-six species of fish, amphibians, reptiles, birds, and mammals are known to co exist in the same or adjacent habitat of the Virgin spinedace. Eighty-one of these species are listed as sensitive in either Utah, Arizona or Nevada and/or are listed under the ESA by FWS (Appendix A in Conservation Strategy). An additional eight sensitive plant species and seven sensitive invertebrate species also co-exist in the same or adjacent habitat of the Virgin spinedace. Using an ecosystem approach, the virgin spinedace

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Conservation Agreement could reduce or possibly eliminate threats for several of these species, which could preclude their need for federal listing pursuant to the ESA.

II · INVOLVED PARTIES







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separate Memorandum(a) of Understanding and cooperative Agreelnents will be developed with additional parties as necessary to ensure implementation of specific conservation measures.
* The signatory parties hereto enter into this Conservation Agreement and the attached Conservation Strategy under federal and state law, as applicable, including but not limited to Section 2(c) (2) of the Endangered Species Act of 1973, as amended, which states that "the policy of Congress is that Federal agencies shall cooperate with State and local agencies to resolve water resource issues in concert with conservation of endangered species .

* All parties to this Agreement recognize that they each have specific statutory responsibilities that cannot be delegated, particularly with respect to the management and conservation of wildlife and the management, development and allocation of water resources. Nothing in this Agreement or the Strategy is intended to abrogate any of the parties' respective responsibilities.

* This Agreement is subject to and is intended to be consistent with all applicable Federal and State laws and interstate compacts.


IV. STATUS AND DISTRIBUTION OF THE VIRGIN SPINEDACE

In 1979 and 1989, the Virgin spinedace was identified as threatened by the American Fisheries Society, Endangered Species Committee. Criteria used for determining this status were consistent with the ESA. Their determination was based on review of original data and discussions with pertinent agencies and knowledgeable scientists. On May 18, 1994, the EWS proposed the species for listing as threatened under the ESA (59 FR 25875).

The Virgin spinedace currently occupies approximately 60-63% of historic habitat, nearly all being in Utah. Populations no longer exist in Nevada and few individuals remain in Arizona. The species occupies approximately 117 km (73 mi) of tributary streams and 25 km (16 mi) of the rnainstem Virgin River. Occupied streams include three reaches of Beaver Dam Wash, two reaches of the Santa Clara River, isolated reaches in Moody Wash and Magotsu Creek, one reach of Ash Creek, two reaches of La Verkin Creek, two reaches of North Creek, the North and East Forks of the Virgin River, and Shunes Creek. Occupied habitat in the mainstem Virgin River is considered to be limited to the area above Quail Creek Diversion. Occasionally, Virgin spinedace have been collected in the Virgin River between Pah Tempe Springs and

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Littlefield, Arizona. Their occurrence has generally been associated with tributary inflows. This area is not considered to be historic habitat because this reach does not have the same habitat components found in reaches supporting self-sustaining populations. A detailed description of the status and distribution for this species is presented in the Conservation strategy.


V. PROBLEMS FACING 'rim SPECIES

The FWS assessed real and/or potential problems facing the species based on five criteria as required by Section 4(a) (1) of the ESA. Within each of these criteria, several factors which may have contributed to the elimination or degradation of Virgin spinedace habitat and its populations were identified (59 FR 25875 dated May 18, 1994). The threats identified and described by the FWS (59 FR 25875) do not necessarily reflect the views of all signatories to this agreement. The Conservation Strategy provides a detailed review of problems and threats to the species that signatories to this agreement will address with management actions .


VI. CONSERVATION ACTIONS TO BE IMPLEMENTED

In order to meet the objectives of this agreement, seven conservation actions will be implemented. These actions, as defined and detailed in the Strategy, include: establish existing conditions as a baseline; re-establish population maintenance flows; enhance and maintain habitat; selectively control non-indigenous fish; maintain genetic viability; monitor populations and habitat; and develop a mitigation plan and protocol for future activities. In addition, four general administrative actions, as outlined below, will be implemented:
coordinate conservation activities; implement the conservation schedule; fund conservation actions; and assess conservation progress.

Coordinating Conservaticn Activities

* Administration of the conservation agreement will be conducted by the Virgin spinedace Conservation Team (VSCT) . The team will consist of a designated representative from each signatory to this Agreement and may include technical and legal advisors and other members as deemed necessary by the signatories.

* Since the majority of the areas of concern covered by this Agreement are located in Utah, and since the State of Utah presently has primary jurisdiction over Virgin spinedace within the State, the designated team leader will be the Utah Department of Natural Resources, Division of wildlife Resources

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representative .

* Authority of VSCT shall be limited to making recommendations for the conservation of Virgin spinedace to the Director, Utah Division of Wildlife Resources.

* The VSCT will meet annually to develop yearly conservation schedules, review the Strategy, and modify the Strategy as required .

* The VSCT will meet on a quarterly basis to report on the progress of implementing the Conservation Strategy.

* vSCT meetings will be open to the public. Minutes of the meetings will be kept and distributed to any interested party.

Imp1ernenting Conservation Schedule

* A total of 10 years is anticipated for full implementation of actions identified and specified in the Conservation Strategy. Nevertheless, the parties agree that significant actions to benefit the Virgin spinedace will be implemented within the first five (5) years. These actions will be determined by the VSCT

* Conservation actions will be scheduled on a yearly basis.
Activities that will be implemented in 1995 are listed in Table.
1.

* As leader of the VSCT, the Utah Division of Wildlife Resources, Department of Natural Resources, will coordinate conservation activities and monitor conservation actions taken by participants of this Agreement to determine if all actions are being implemented and carried out in accordance with the Conservation Strategy and annual schedule.

Funding Conservation Actions

* It is anticipated that expenditures to implement this Agreement could exceed $3,000,000 (Table 2). It is projected that the actions implemented for the re-establishment of population maintenance flows to stream channels will incur the greatest expense and occur during the first three to five years of the agreement .

* Funding for the Conservation Agreement will be provided by a variety of sources. Federal, State and local sources will need to provide or secure funding for initiative procedures of the Conservation Agreement .

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* In-kind contributions in the form of personnel, field equipment, supplies etc., will be provided by participating agencies (Table 3). In addition, each agency will have specific task responsibilities and proposed actions/commitments related to their in-kind contributions.

* It is understood that all funding commitments made under this Agreement are subject to approval by the appropriate local, state or federal entities.

conservation Progress Assessment

* A quarterly assessment of progress towards implementing actions identified in this agreement will be provided to the Director, Utah Division of Wildlife Resources by vsCT This assessment will be based on updates ana evaluations by VSCT members. copies of this assessment will also be provided to the signatories of this document.

* An annual assessment of conservation accomplishments identified in Table 1 and subsequent yearly schedules will be made by VSCT This assessment will determine the effectiveness of this agreement and whether revisions are warranted. It will be provided to the Director, Utah Division of Wildlife Resources by vSCT Copies of this assessment will also be provided to the signatories of this document.

* If threats to the survival of the Virgin spinedace become known that are not or cannot be resolved through this or any Conservation Agreement, the Utah Division of Wildlife Resources . immediately will notify all signatories.


vrr . DURATION OF AGREEMENT

The initial term of this Agreement shall be 5 years. prior to the end of each 5 year period, a thorough analysis of actions implemented for the species will be conducted by the VSCT If all signatories agree that sufficient progress has been made towards the conservation and recovery of the Virgin spinedace this Agreement shall be extended for an additional five (5)

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years. Any party may withdraw from this Agreement on sixty (60) days written notice to the other parties.


VIII . NATIONAL ENVIRONMENTAL POLICY ACT (NEPA) COMPLIANCE

signing of this agreement is covered under authorities outlined in section III listed above. we anticipate that any survey, collection, or research activities for implementation and maintenance of the Conservation Agreement will not entail significant Federal actions under the NEPA and will be given a categorical exclusion designation. All other actions will be evaluated prior to implementation and will comply with NEPA regulations -


IX FEDERAL AGENCY COMPLIANCE

* During the performance of this agreement, the participants agree to abide by the terms of Executive Order 11246 on non discrimination and will not discriminate against andy person because of race, color, religion, sex or national origin.

* No member or delegate to Congress or resident Commissioner, shall be admitted to any share or part of this agreement, or to any benefit that may arise therefrom, but this provision shall not be construed to extend to this agreement if made with a corporation for this its general benefit.
























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