Date: July 21, 1999
To: The Honorable Chair and Members From: C.H. Huckelberry
Pima County Board of Supervisors County Administrator
Re: Attached Sonoran Desert Conservation Plan Update -- Focus on Riparian Areas
Background
The attached report entitled Sonoran Desert Conservation Plan Update -- Focus on Riparian Areas describes the progress in planning developments from March through July of 1999. Divided into seven parts, the report covers the following major topics which are summarized in this memorandum: (1) Overview, Recurring Riparian Protection Theme; (2) Pygmy-owl Update; (3) Interim Issues, Liability, Regulation and Acquisition; (4) Steering Committee Update; (5) Technical Advisory Team Updates; (6) Funding Update; and (7) Timeline.
Recurring Theme of the Need for Riparian Restoration
During the course of the past four months, a number of technical reports have been drafted, and the County has contributed to advancing the community's scientific knowledge base by funding studies about the endangered cactus ferruginous pygmy-owl. As the different elements of the Concept Plan are studied and developed, it is becoming increasingly apparent that the riparian connection is among the most critical. It is, in fact, serving as a common denominator among the research efforts. For example:
In the technical report issued in April on the topic of Determining Species of Concern, a major finding was that the number of endangered and sensitive species, and a disproportionate number of extirpated native species are (or were) dependent on aquatic habitat which is now lost. The report to the Science Technical Advisory Team targets riparian habitat for protection under the Sonoran Desert Conservation Plan.
Likewise, the technical report issued in May on the topic of Preserving Cultural and Historic Resources found a strong correlation between many existing cultural sites and riparian areas.
A July study which performs a Simple Representational Analysis of GAP Vegetation Mapping asked the question: what percentage of each vegetation community exists in current public preserves? The answer brings riparian habitat to the forefront once again: "In general, riparian series have the lowest percentage of representation, varying from 67% to 100% unprotected."
A July discussion paper entitled Water Resources and the Sonoran Desert Conservation Plan describes a comprehensive regional policy proposal to achieve meaningful riparian restoration necessary for endangered species compliance. The report outlines five water resource problems that have particular significance to the viability of the conservation plan, and proposes five solutions in the context of the Sonoran Desert Conservation Plan. The basic premises establishing the relation of water policy to conservation planning are that: (1) Continued groundwater mining has caused substantial damage to riparian environments, with an estimated loss of 85 to 95% of quality riparian habitat during the last century; (2) An estimated 85% of wildlife depends on this riparian habitat for some part of its life cycle, including a long list of endangered, extirpated and imperiled species; (3) The ongoing implementation of water programs which undermine the purpose of the Endangered Species Act and significantly impact habitat, might preclude implementation of meaningful conservation under the Sonoran Desert Conservation Plan; (4) Two decades of plans administered under the State's Groundwater Code have failed to bring the Tucson Active Management Area on track with the goal of balancing groundwater withdrawal with recharge (safe yield); and (5) Given the status of the riparian ecosystem, the jurisdictions throughout the region face the realistic prospect that a level of restoration will be a condition of the Section 10 permit issued under the Endangered Species Act.
Relation of Riparian Ecosystem Decline to the Pygmy-Owl: Depletion of water tables and the loss of riparian habitat has impacted cactus ferruginous pygmy-owl habitat. Most of the major documents describing the pygmy-owl connect it to its riparian habitat based origins. In addressing pygmy-owl conservation and recovery initiatives, the Sonoran Desert Conservation Plan will have to prescribe a riparian protection and restoration strategy. Pygmy-owl compliance issues make such strategies a more immediate matter for the community, but the same can be said for conservation and recovery initiatives of all listed and imperiled animals in Pima County which are dependent on riparian habitat. The Sonoran Desert Conservation Plan will work on three levels at the same time: It will address issues related to the listing of the cactus ferruginous pygmy-owl; it will include other listed species and species of concern; and it will protect riparian habitat and other target habitats of concern.Subarea Planning Based on Watersheds: In recognition of the importance of the Riparian Element, the Sonoran Desert Conservation Plan will be divided into subareas based on watershed and riparian features. Initial proposals for subareas include: (1) San Pedro planning unit; (2) Cienega-Rincon watershed planning unit; (3) Upper Santa Cruz planning unit; (4) Middle Santa Cruz planning unit; (5) Tortolita Fan planning unit; (6) Avra-Altar planning unit; (7) Tohono O'odham planning unit; and (8) Western Pima County's planning unit. The watershed / riparian link to subareas enhances the ecosystem basis of the conservation plan. A draft concept plan will be created for each subarea, and then redrafted after the biological, cultural and economic assessments are completed, and Steering Committee members from the various subareas have formulated conservation and growth accommodation recommendations. These subarea plans, when viewed together, will provide preserve alternatives that will constitute Pima County's conservation plan.
Pygmy-owl Update
Pima County's most immediately felt environmental dilemma is related to the listing of the pygmy-owl in March of 1997. Pima County has 18 plants and animals listed under the Endangered Species Act, but no listing has caught the attention of the community like the pygmy-owl. Considered one of the most difficult listings in the United States, the pygmy-owl listing is a vexing dilemma for a number of reasons, including the numbers are extremely low, and very little is known about this tiny, secretive bird. At the time of the listing there were only 12 known individuals. After the 1998 survey season there were around 32 known owls, and during the 1999 survey season 78 owls were identified, although some fledglings were lost. Research conducted during the 1999 survey season will bring us more information about the owl population, its genetic make up, and it tolerance for urban occurrences in part because Pima County has provided $300,000 in study efforts. Yet we are a long way from delisting, downlisting, or even understanding how to protect the pygmy-owl based on its habitat needs and tolerances. A timeline for these and related efforts follows.
March 1999: Genetics study funded by Pima County begins.
April 1999: Survey effort funded by Pima County begins.
May 1999: Telemetry and habitat assessment funded by Pima County begins.
September 1999: Final report on survey results due to Pima County.
September 1999: Draft Recovery Plan anticipated from U.S. Fish and Wildlife.
February 15, 2000: Report on telemetry and habitat assessment due to Pima County.
March 2000: Final report, genetics study due to Pima County.
Critical Habitat Designation -- On July 12, 1999, the United States Fish and Wildlife Service published in the Federal Register its designation of 731,712 acres as critical habitat for the pygmy-owl. Approximately 260,883 acres are within Pima County. While much has been made of this designation, the fact is that until the County has a Section 10 permit, potential Section 9 liability exists, regardless of the status of habitat designation or other federal guidelines, such as protocol standards. When Pima County receives its Section 10 permit under the Endangered Species Act, the critical habitat designation will be replaced by the terms of the conservation plan. Therefore, the U.S. Fish and Wildlife Service continues to recommend that development of a region-wide, multi-party, comprehensive conservation plan is the preferred long-term option to allow for the survival and ultimate recovery of the pygmy-owl in Arizona.
Interim Issues, Liability, Regulation and Acquisition
The Role of U.S. Fish and Wildlife in Providing Advice about Land Use Decisions -- On June 9, 1999 a letter was sent by the Field Supervisor of the U.S. Fish and Wildlife Service to the Mayors of Marana and Oro Valley. In this letter, Mr. David Harlow advises the towns that: "rezoning and other town projects could adversely affect [the pygmy-owl] and its habitat. Additionally, actions such as re-zoning may preclude future planning options needed by [the town] for obtaining Endangered Species Act (ESA) 'take' permits. My staff and I are available to assist you in determining if zoning changes might affect this species and to work with you to ensure that you are in compliance with the ESA." With this letter the Service raised legitimate concerns at the early stages of development, rather than the late stages when investments are substantial, or when a "take" of species has occurred and the government and/or developer face civil or criminal liability under the federal law. Similar advice has been given to Pima County on an informal level with regard to permitting practices, especially in the wastewater area. Accordingly, a County Attorney's opinion has been requested so that Pima County can take all steps to ensure compliance.
Draft Interim Regulations -- When the Board adopted the Sonoran Desert Conservation Concept Plan on March 2, 1999, staff was directed to draft an interim environmental land use policy -- to apply during the planning period -- based on the comments submitted and the need to deal effectively with endangered species issues in the interim planning period. The draft policy outlined in the report encompasses the following and is submitted for review and comment: (1) a limitation on upzonings in environmentally sensitive areas identified by federal critical habitat rules or the Sonoran Desert Conservation Concept Plan, with exceptions for upzonings which would result in actual conservation; (2) enhanced review criteria on waiver of subdivision platting requirements; (3) enhanced conditional use permit criteria to be more sensitive to conservation areas; and (4) an environmentally compatible standard for rezoning time extensions.
Interim Acquisition Proposal - To ensure protection of the western slopes of the Tortolita Mountains and it alluvial fan, and the Ironwood forest, an Arizona Preserve Initiative (API) application was submitted for 16,185 acres of State Trust Land. This creates the starting point of a potential pygmy-owl preserve under the Sonoran Desert Conservation Plan. Another application was filed to preserve the Tortolita east biological corridor.
Steering Committee Update
On March 2, 1999, the Board invited 89 individuals to participate in a Steering Committee process. To date, 85 of these individuals have continued to show interest by completing paperwork and submitting a loyalty oath to the Clerk of the Board. The high retention rate of Steering Committee members also maintains the initial balance that was achieved between neighborhood, environmental, business, ranch and private property interests.
Education Series -- The Steering Committee will ultimately make a recommendation on a preferred preserve alternative based on its conservation value and in light of the community's fiscal capacity. In order to do this members will have to acquire knowledge in a number of complex subject areas. From May through December of 1999, the Steering Committee is scheduled to attend a series of education sessions to prepare for this responsibility on these topics: (1) Conservation Plans, the ESA, & the Constitution; (2)The Cactus Ferruginous Pygmy-owl; (3) Pima County's People, Economy, Water and Land; (4) Ranching within Pima County; (5) Conservation Biology; (6) Pima County's Cultural and Historic Resources; (7) How to Create a Multi-Species Conservation Plan; and (8)Tohono O'odham Nation Presentation. The first two education sessions have been well attended by Steering Committee members, members of the public, and employees from a number of governmental entities.
Partnership with the Tohono O'odham Nation -- On April 28, 1999, the Chairman of the Tohono O'odham Nation accepted an invitation to partner with Pima County in developing the Sonoran Desert Conservation Plan. Twelve individuals were designated to represent the Nation in the process. In subsequent meetings and conversations, the outlines of this partnership have been sketched out to include mutual interests in at least the elements of the Sonoran Desert Conservation Plan which involve Mountain Parks, Cultural and Historic Resources, and Riparian Protection. Representatives of the Tohono O'odham Nation are invited into every level of the process, including expert committees and education sessions.
Federal Partners -- In May of 1999, representatives from ten federal entities met with Pima County staff to discuss cooperative efforts in carrying out the conservation plan. There was consensus to pursue a cooperative agreement, and a goal was established to have a draft for circulation by September of 1999.State and Local Government Relationships -- State and local government entities have expressed interest in participating in the Sonoran Desert Conservation Plan process. The County is facilitating technical and inter-governmental relationships through the conservation planning process, and is working with the U.S. Fish and Wildlife Service to secure commitments to the regional approach. David Harlow, in his June 9, 1999 letter, states: "Pima County is currently involved in developing a regional Habitat Conservation Plan (HCP) that can serve as 'umbrella' ESA compliance for all activities covered by the plan. We are urging all municipalities within Pima County to strongly consider becoming involved in this regional effort, to preclude the need to address ESA issues separately, one project at a time. Obtaining individual ESA permits would be more time-consuming, cumbersome and costly for both the Service and the municipalities involved, compared to using the regional approach. A regional approach would also provide greater opportunities for resolving species conservation and economic development conflicts." Joint meetings are beginning to be scheduled between staff from the Service, Pima County, and local governments to discuss the possibility of formalizing cooperative relationships.
Technical Advisory Team and Technical Report Updates
Technical Advisory Teams -- The Technical Advisory Teams (comprised of experts in areas of science, law and economics, historic preservation and ranch/range issues) will gather data and work products, produce white papers, and, in general, provide expert information to the Steering Committee. The following Technical Advisory Teams have been seated and County staff members assigned to these Teams are drafting a series of technical reports to introduce to the committees on the state of the subject matter. More members will be added as time goes on, particularly from the Tohono O'odham Nation.
Science Technical Advisory Team
Cultural/Historic Resources Technical Advisory Team
Ranch Conservation Technical Advisory Team
Geographic Information Systems (GIS) Technical Advisory Team
Implementation (Law & Economics) Technical Advisory Team
Technical Report Series -- County staff members have been drafting a series of reports which facilitate discussion within the Technical Teams. Reports range from broad examinations of a subject matter, to updates, to narrow studies of specific issues within the field of expertise. Since March of 1999, ten broad status reports have been drafted, or are scheduled for release in the coming months.1. Report on Public Comment, Update (March 1999)
2. Determining Species of Concern (April 1999)
3. Preserving Cultural and Historic Resources (May 1999)
4. Comparison of Pima County Expenditures (June 1999)
5. Water Resources (July 1999)
6. Sonoran Desert Conservation Concept Plan Update (July 1999)
7. Mountain Parks (August 1999)
8. Land Use Planning (September 1999)
9. Compilation of Ranch Conservation Studies (October 1999)
10. Fiscal Impact of Growth (November 1999)
Also since March of 1999, five issue-specific or more focused reports have been drafted. These are prepared on an as-needed basis, and it is probable that an increasing number of such studies will be released in the coming months as Technical Teams pursue lines of inquiry to develop data layers and other information needed for the Sonoran Desert Conservation Plan.1. Paseo de las Iglesias (April 1999)
2. State of the Geographic Information System (April 1999)
3. Evaluation of Previous Vegetation Mapping Efforts (June 1999)
4. Focal Species (July 1999)
5. Simple Representational Analysis of GAP Mapping (July 1999)
Peer Review -- Two independent peer reviewers have been selected by the Science Advisory Team, and both Dr. Reed Noss and Ms. Laura Hood have accepted invitations to serve in this role. Dr. Noss is one of the most well respected and well published scholars in the field of conservation biology, with over 150 books, articles, chapters, reports and proceedings to his name. Ms. Laura Hood, currently with the Washington D.C. office of Defenders of Wildlife, is the author of the influential text about conservation plans entitled Frayed Safety Nets. Other reviewers will be selected as the planning process continues.Science Team Meetings and Workplan -- In May 11, 1999, the Science Technical Advisory Team to the Sonoran Desert Conservation Plan met for the first time to begin discussions about the biological underpinnings for our regional multi-species conservation plan. The Team has met on a monthly basis since that time and has covered topics such as: what species should be included in the conservation plan; the charter of the Team; evaluation of existing vegetation mapping; biological goals; the Request for Proposals for a biological consultant; selection of independent peer reviewers; watershed based subarea planning; GIS decision making models; environmental history; focal species; the representation of vegetation communities within protected areas; and the status of data collected by Pima County staff. The Science Team has worked on a Request for Proposals and will be prepared to let the RFP when funding is available to contract with a biological consultant.
Cultural Historic Resources Team Meetings and Workplan -- This Team has started to meet and will review the work of a project under contract with the Arizona State Museum to complete the cultural resource geographic data for Eastern Pima County. This project involves 1420 hours to complete site and survey data entry, with an anticipated date of completion of October, 1999
Ranch Conservation Team Meetings and Workplan -- This Team will begin to meet during the summer of 1999 to discuss planning issues including the creation of a data layer for ranch lands, and the first report in the technical series issued by staff. A strong alliance in Altar Valley has already started biological resource data gathering within that watershed.
Geographical Information Services (GIS) Technical Advisory Team Meetings and Workplans -- This Team works through the lead County staff member in the area, John Regan, on all aspects of the Sonoran Desert Conservation Plan which involve the creation of data layers. The Pima County GIS Library is extensive, covering over 175 data layers. During the past months, staff has been accumulating additional data layers in anticipation of mapping and information needs for the Sonoran Desert Conservation Plan. New layers gathered by staff in recent months puts the available layers of information at over 200. Currently, county staff is dividing and analyzing all relevant data layers into subarea units, which will become the basis of the initial subarea draft concept plans issued to land panels in January of 2000.
Creation of a GIS Decision Support Model -- Pima County has entered into a collaborative relationship through the United States Geological Survey with four prominent California conservation biologists and geographic information scientists to create a decision support model for conservation planning as the Sonoran Desert Conservation Plan is developed. County staff submitted a pre-proposal to the National Fish and Wildlife Foundation to seek funding assistance, and now has been asked to submit a full proposal based on the strength of the pre-proposal. The principal investigators working with Pima County in this effort are: Dr. Michael Gilpin, University of California at San Diego; Dr. Ross Gerrard; Dr. Peter Stine, California State University; and Dr. Richard Church, University of California at Santa Barbara. Both Region 1 and Region 2 of the United States Fish and Wildlife Service support this effort, which essentially has an overall goal of developing a computer-based framework for incorporating biological data, socio-economic data, and optimization modeling to support the development of good conservation plans. The approach shows the explicit trade-offs between various levels of conservation, obtained by reserving certain lands, and the economic and social costs of doing so. The effort, if funded, will be administrated by Pima County and the California science team through the National Center for Geographic Information and Analysis (NCGIA). The NCGIA, headquartered on the campus of the University of California at Santa Barbara, has implemented the major U.S. effort in GIS research for over ten years.
Implementation (Law & Economics) Technical Advisory Team Meetings and Workplan - This Team will begin meeting in the Fall to discuss the fiscal, legal, and water resource ramifications of land use planning under Section 10 of the Endangered Species Act. The Team will work with County staff and a consultant to assess and understand issues related to the cost of conservation and the cost of growth accommodation. In addition to identifying constraints, the Team will recommend mechanisms for implementing conservation and growth accommodation programs.Funding Update -- On February 24, 1999, Congressman Jim Kolbe and Secretary of the Interior Bruce Babbitt discussed the Sonoran Desert Conservation Plan at an Interior Appropriation Subcommittee Hearing. Congressman Kolbe has supported funding for the Conservation Plan by marking $1 million in funds in the next federal budget. This effort has succeeded through the Subcommittee and full Committee processes. Recently the full House approved the Department of Interior Appropriations bill in a 377-47 vote. On June 24, 1999, the Senate Appropriations Committee approved an Interior funding bill which specifically marked the Cooperative Endangered Species Fund with this language: "The Senate encourages the Fish and Wildlife Service to consider carefully the efforts in .... Pima County, Arizona for the Sonoran Desert Conservation Plan." If the funding remains available to Pima County after the budget emerges from the Conference process, Pima County will enter into a transfer agreement with the United States Fish and Wildlife Service so the study process can begin immediately when federal funds are available.
Conclusion and Timeline -- The completion of the Sonoran Desert Conservation Plan depends on funding availability. The following time table shows prior and estimated future dates for completion of various aspects of the conservation planning process, assuming funding availability as described above. The chart on the next page shows the entire process at a glance, with the Steering Committee, public and intergovernmental process running in parallel form to the Technical, information gathering and assessment process.
October 1998 - March 1999: The project began with the publication of the draft Sonoran Desert Conservation Concept Plan in October of 1998. After a 3 month public comment period, the Board adopted the Plan in concept form in March of 1999.
April 1999 - December 1999: The Steering Committee was seated and members are attending a series of education sessions. Five Technical Teams were formed, and a series of reports introduce and develop the major subject matter areas of the plan.
January 2000-July 2000: The Steering Committee will break into subarea land panels and discuss the resources and constraints available in each watershed based subarea. This effort will be informed by members of the Technical Teams, who will be working with staff and consultants to complete GIS mapping and alternative production.
July 2000 - until completion: The draft Sonoran Desert Conservation Plan, Environmental Impact Statement production, permit application, negotiations, and completion of the Plan will follow.
Sonoran Desert Conservation Plan Update -- Focus on Riparian Areas