Land Protection Plan - Wyoming Toad Conservation Area/Chapter 1—Introduction and Project Description

by the United States Fish and Wildlife Service

Chapter 1—Introduction and Project Description

FWS A prairie dog colony in the uplands at Hutton Lake National Wildlife Refuge.

Introduction

The Environmental Assessment (EA) (see appendix A) that was completed by the U.S. Fish and Wildlife Service (the Service or USFWS) during the planning process considered several alternatives, and two of them were selected for further analysis. Alternative A, the no-action alternative, considers the consequences of not doing anything beyond current actions at Bamforth, Mortenson Lake, and Hutton Lake National Wildlife Refuges. Alternative B considers the potential positive and negative consequences of purchasing limited fee-title land and conservation easements and establishing the Wyoming Toad Conservation Area (WTCA) (see figure LPP–1 for a map of the project area). The regional director found that establishing the Wyoming Toad Conservation Area (alternative B of the EA) would have no significant impact (refer to “Appendix C, Environmental Compliance”).

Project Description

The Laramie Plains is an isolated mountain basin once covered by wetlands, riparian corridors, meadows, shrublands, and native prairie. In the spring, snow melt would fill streams and waterways as well as many shallow depressions scattered throughout the valley. These wetlands provided an oasis of food and rest for thousands of waterfowl and shorebirds making their northward migration to their breeding grounds. Linear riparian corridors bordered the Big and Little Laramie Rivers and their tributaries, supporting scattered woodlands of cottonwoods and willows. The relatively fine soils and low annual precipitation kept the uplands in short mixed-grass prairie with scattered patches of shrubland. The Wyoming toad, a species endemic to the Laramie Plains, was once a common sight. Waterfowl, shorebirds, and grassland birds would dominate the skies, with raptors following the migration. Many mammals that depended heavily on white-tailed prairie dogs for prey and burrow habitats also lived in the area, including the swift fox and the black-footed ferret. Big game herds, including the American bison, once occupied almost all parts of the basin. (See appendix E for a list of species found in the area).

Today, the landscape has changed. Some wetlands have been filled or drained, others have been altered, and new wetlands in the form of flood-irrigated fields have been created. Only 4 percent of existing wetlands within the Laramie Plains are protected (Copeland et al. 2010a). Much of the water in the area is managed to support various human needs such as residential use, hay and crop production, and recreation. The strong ranching culture in the area has kept many of the habitats of the basin from being converted to other uses and left much of the region’s biodiversity intact. There are growing concerns that a significant increase in residential development threatens the remaining natural character of this landscape, in particular the habitats and species that make the Laramie Plains regionally important for biological diversity. Rural development on exurban lots has been growing at a rate of 10 to 15 percent a year (USDA 2006). Such development will likely diminish the future value of these important biological resources and working landscapes.

Once the western fringe of the range for many short mixed-grass prairie species, the Laramie Plains has increased in relative habitat value because of habitat loss, fragmentation, and conversion of native prairie to cropland elsewhere in the Great Plains. Because of the relatively large, intact ecosystem still available, the basin has become crucial habitat for many species. Without increased conservation measures to protect upland habitat from degradation and conversion to other uses, species that now depend on the high elevation prairie as a last remaining refuge would be vulnerable.

The remaining wetlands play a vital role in providing resting and feeding areas for the thousands of migratory birds that continue to use the central flyway each spring and fall. However, increased sedimentation, nutrient runoff, salinization, and decreased water runoff jeopardize the functions and values of these wetlands. Similarly, riparian corridors are also affected by sedimentation, nutrient runoff, decreased water runoff, and stream channelization, which affect fish and other aquatic species, such as the endangered Wyoming toad. With decreasing water quality and natural water flow in the rivers and remaining wetlands, the recovery of the Wyoming toad could be impaired.

While increased human activity in the Laramie Plains has generally reduced wildlife populations and habitat, there have been some compensating effects. For example, irrigated hay meadows provide nesting cover for waterfowl. Some of the same flood-irrigated meadows may also hold water longer during the summer months, helping to retain higher late-summer flows in the surrounding rivers. Large ranches in the basin provide large blocks of habitat that benefit wildlife.

The entire footprint of this project would be located in south-central Albany County, Wyoming, and would encompass three existing refuges: Bamforth, Mortenson Lake, and Hutton Lake National Wildlife Refuges. The WTCA would focus on the protection of wetlands, riparian corridors, and open landscapes with the objective of conserving land through the acquisition of up to 43,200 acres of voluntary conservation easements and up to a maximum of 10,000 acres in fee-title acquisition from willing sellers only (table LPP–1).

Table LPP-1. Summary of current and proposed acreage for the Wyoming Toad Conservation Area, Wyoming.
National wildlife refuge	Executive boundary acres	Acquired acres	In-holding acres
Mortenson Lake	2,500	1,927	573
Hutton Lake	1,968	1,968	0
Bamforth	1,166	1,166	0
	Potential new acres	Fee title acres	Conser- vation easement acres
Project area	43,200	Up to 10,000	Balance of 43,200 less fee title
Project boundary total acres	186,185

Acquisition of fee-title lands from willing sellers would be prioritized based on specific criteria that would help with meeting the criteria of the Wyoming Toad Revised Recovery Plan (USFWS 2015). These criteria are meant to contribute to the recovery and eventual delisting of the Wyoming toad. The Wyoming Toad Revised Recovery Plan (USFWS 2015) calls for the establishment of five independent, self-sustaining populations, all within the toad’s historical range. Furthermore, these five populations should be distributed across at least two basic habitat types: rivers and associated floodplains (lotic habitats) and ponds and lakes (lentic habitats). To accomplish this goal, other lands need to be acquired within the Wyoming toad’s historical range to reintroduce and conserve its populations in perpetuity. Management practices on fee-title lands could include prescribed fire, livestock grazing with periodic resting of pastures, exclusion of nonnative fish, invasive species control, and disease management. A compatibility determination would be completed to establish whether any land acquired in fee title could be opened for public use.

Conservation easements would be bought from willing sellers on parcels that contain habitat suitable to support conservation efforts. Easement acquisitions would focus on the protection of wetlands and riparian corridors for Federal trust species (migratory birds and threatened and endangered species). Lands protected via easements would remain in private ownership and could continue to be grazed, hayed, farmed, or otherwise managed in accordance with current practices. However, subdivision and development would be restricted and subject to stipulations agreed on by the landowners and the Service. Furthermore, easements may include stipulations related to exercising water rights, which could be changed only if the changes would be beneficial to wildlife. Easement terms would be negotiated with landowners interested in a conservation easement. The WTCA project, in conjunction with other conservation efforts in the region, would help to keep unfragmented blocks of wetland, grassland, and shrubland habitat. The WTCA would complement the conservation efforts of land trusts and entities such as The Nature Conservancy, Wyoming Stock Growers Land Trust, Wyoming Game and Fish Department (WGFD), and Natural Resources Conservation Service (NRCS). A map showing the protected lands is in the EA (see appendix A, figure EA-2).

Purpose of the Wyoming Toad Conservation Area

The purpose of the WTCA is to protect the endangered Wyoming toad and other Federal trust species and provide strategic habitat conservation measures that are necessary to maintain, conserve, restore, protect, and enhance the native ecological communities within the Laramie Plains. Native habitats that make up the Laramie Plains, including wetlands, riparian areas, shrublands, and short mixed-grass prairie, are important for a variety of wildlife species. The wetlands and riparian habitats function as important breeding, foraging, and nesting areas for large populations of migratory shorebirds, waterfowl, and neotropical passerines, and are also the historical range of the endemic endangered Wyoming toad. The uplands, which are covered with shrubs and short mixed-grass prairie, are home to white-tailed prairie dogs, pronghorn, and many grassland birds, such as mountain plover and McCown’s longspur. Land acquisition (fee-title and easement) and management of the WTCA will focus on protecting those habitats that complement and connect to existing protected areas, along with protecting lands in perpetuity for the recovery of the Wyoming toad.

Vision for the WTCA

Nestled between the Snowy and Laramie mountain ranges, the Laramie Plains is a semiarid, high-elevation basin that was once the western fringe of many species’ ranges; due to habitat loss on the Great Plains and the largely intact ecosystem still available within the basin, the Laramie Plains has become crucial habitat for many species.

Among them, the endemic Wyoming toad, found only in the Laramie Plains, now stands at the precipice of extinction. With additional research and habitat protection, the toad has the ability to once again become a common sight. The mosaic landscape of wetlands, grasslands, and shrublands will continue to support a multitude of diverse wildlife species as well as provide abundant outdoor recreation opportunities to visitors. The WTCA fosters a collaborative effort between numerous partners to conserve the valuable natural resources of the Laramie Plains into the future and will be a model of cooperative conservation between private, State, and Federal partners shaping a common vision for the area related to conservation, agriculture, and open space.

Purpose of the Existing National Wildlife Refuge

Bamforth National Wildlife Refuge was established in 1932 by Executive Order 5783 to provide breeding grounds for birds and other wildlife.

Hutton Lake National Wildlife Refuge was established by Executive Order 5782 in 1932. The purpose of the refuge is to provide “a refuge and breeding ground for birds and wild animals.”

Mortenson Lake National Wildlife Refuge was established in 1993 to protect the Wyoming toad’s last known population. The Wyoming toad was listed as an endangered species in 1984. The population at Mortenson Lake was found in 1987. The purpose of the refuge is “to conserve fish or wildlife which are listed as endangered species or threatened species.”

Issues Identified and Selected for Analysis

Please see discussion of Issues Identified and Selected for Analysis in section 1 of the EA in this volume (appendix A).

Public Review of and Comments on the Draft Environmental Assessment and Land Protection Plan

The Service released the draft WTCA EA and LPP on November 20, 2014, for a 47-day public review period. The draft documents became the basis for the final WTCA EA/LPP. They were made available to the general public as well as to Federal officials and agencies, State officials and agencies, four Native American tribes with aboriginal interests, and members of the public who had asked to be added to the project mailing list as well as via the project Web site. A public meeting was held December 4, 2014, in Laramie, Wyoming, to discuss and get public comments on the draft EA/LPP. Approximately 80 members of the public attended the meeting. In addition to comments provided at the public meeting, the Service received 16 written comments from government agencies, non-governmental organizations, corporations, and individuals. Comments were reviewed and incorporated into the administrative record. Comments and responses to substantive comments are included in appendix F.

The comments generally in favor of the WTCA mention items such as:

• Support for WTCA acquiring conservation easements and fee-title lands with a willing seller program to facilitate additional toad reintroductions

• WTCA using a partnership approach between private landowners and agencies

• Restoring the Wyoming toad to its historic range by conserving toad habitat, water quality, migratory birds, and the biodiversity that riparian and upland areas support

• Enlarging the WTCA project boundary to include additional acreage

• Protecting wildlife while ensuring compatibility with most agriculture practices

• Helping facilitate wildlife movements in our area and possibly mitigating the adverse effects of climate change on our local fauna and flora

• Delineating the project boundary using a data-driven approach

Comments not in support of the project identified the following concerns:

• Citing past experiences with other conservation agencies

• Requesting that the Service consider longterm impacts of perpetual conservation easements

• Stating that there is not enough known about what caused the decline of the Wyoming toad to ensure its successful recovery through the WTCA project

• Expressing general dissatisfaction with the Federal government regarding land access, quality of life, and increased Federal land ownership

The following substantive questions were raised that were neither in opposition to nor in support of the WTCA:

• How will the presence of a Safe Harbor Agreement or a toad reintroduction site affect an adjacent landowner who chooses not participate in one of the WTCA conservation tools?

• How will the various conservation tools (conservation easements, fee-title, or Safe Harbor Agreements) affect land management practices such as grazing, mosquito spraying, and water rights?

• Asking if the Service could consider opening refuges and fee-title lands to public access.
  
  

National Wildlife Refuge System and Authorities

Please see a discussion of the Refuge System and authorities in section 1 of the EA in this volume (appendix A).

Related Actions and Activities

Please see a discussion of Related Actions and Activities in section 1 of the EA in this volume (appendix A).

Habitat Protection and the Acquisition Process

Following the approval of a project boundary, habitat protection will occur through conservation easements and limited fee-title acquisition. It is the Service’s long-established policy to acquire the minimum interest in land from willing sellers that is necessary to achieve habitat protection goals.

The acquisition authorities for fee-title and easement lands within the WTCA boundary are the U.S. Fish and Wildlife Act of 1956 (16 U.S.C. 742a–j) and the National Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 668dd-ee), as amended. Land would be acquired primarily through Land and Water Conservation Fund monies generated primarily from oil and gas leases on the Outer Continental Shelf, motorboat fuel tax revenues, and the sale of surplus Federal property. The Service could also buy land with Federal Duck Stamp revenue from the Migratory Bird Hunting and Conservation Stamp Act of 1934, other funds that meet fish and wildlife conservation purposes as identified by Congress, or donations from nonprofit organizations.

The basic considerations in determining whether land should be acquired through an easement or fee-title purchase include the biological significance of the area, existing and anticipated threats to wildlife resources, and landowner interest in the project. The buying of fee-title lands or conservation easements would occur with willing sellers only and would be subject to available funding. The social and economic impacts of conservation easements and fee-title acquisition are discussed in the EA (see appendix A, table EA-2).

Conservations Easements

An easement is a conservation tool that has been extensively employed by the Service and other organizations. Easements are bought from willing sellers and they involve the acquisition of specific property rights, such as the right to subdivide or develop certain types of new infrastructure, while all other rights are kept by the property owner. Easements tend to be a cost-effective means of habitat conservation that is acceptable to landowners, particularly in areas where current agricultural land use practices are consistent with wildlife resource protection.

Fee-title Acquisition

Fee-title acquisition will be limited to lands that can be bought from willing sellers in areas that would facilitate Wyoming toad recovery and promote the reintroduction of toads onto the land. Fee-title acquisition could triple or quadruple the cost of land conservation and add significant increases to Service management costs compared to conservation easements. Up to 10,000 acres are targeted for potential fee-title acquisition because this is the estimated acreage necessary to help meet the recovery objectives for the Wyoming toad that are outlined in the recovery plan (USFWS 2015). Fee-title lands acquired under the WTCA would be managed in accordance with the Comprehensive Conservation Plan (CCP) for Mortenson Lake NWR until a compatibility determination can be completed on whether public use and access could potentially be allowed.