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NASA Ames Research Center
Ames Environmental Procedural Requirements

Chapter 21 - Endangered and Threatened Species


Table of Contents

21.1 Applicability
21.2 Purpose
21.3 Policy
21.4 Authority
21.5 Responsibilities

21.5.1 Environmental Services Office, Code QE (Environmental Office)
21.5.2 Facilities Maintenance, Code JFP
21.5.3 Facilities Engineering, Code FEF, and Facilities Planning, Code JFF

21.6 Definitions

21.6.1 California Species of Special Concern
21.6.2 Conserve
21.6.3 Critical Habitats
21.6.4 Endangered Species
21.6.5 Endangered Species Act (ESA)
21.6.6 Fish and Wildlife
21.6.7 Extinct
21.6.7 Migratory Bird Treaty Act of 1918
21.6.8 Plant
21.6.9 Section 7 of the ESA
21.6.10 Species
21.6.11 Take
21.6.12 Threatened Species
21.6.13 Wetlands

21.7 Species Lists

21.7.1 Endangered, Threatened, and Rare Plants near Moffett Field
21.7.2 Endangered, Threatened, and Rare Animal Species at Moffett Field

21.8 Other Related Programs
21.9 Metrics
21.10 Sources of Additional Information or Assistance
21.11 Appendix - Feral Cat Management Plan


21.1 Applicability

This instruction applies to all civil servants, contractors employees, and tenant personnel at NASA Ames Research Center (Ames), Moffett Federal Airfield (MFA), and Crows Landing Flight Facility.

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21.2 Purpose

Because of its proximity to San Francisco Bay, the availability of undeveloped wetlands, and large areas of grassland, Moffett Field supports three distinct habitats: urban lands, grasslands, and wetlands. These habitats support a diverse population of plant and animal species, of which 30 are endangered, threatened, or rare. Moffett Field supports 50 burrowing owls, the largest population of the species in Santa Clara County. Congress has recognized that species have aesthetic, ecological, educational, and scientific value to the nation and its people. It is the policy of Congress that all Federal agencies seek to conserve various species of fish or wildlife and plants that face extinction. Federal agencies are responsible to ensure that any action authorized, funded, or carried out is not likely to jeopardize the continued existence of any endangered or threatened species, or result in the destruction or adverse modification of a critical habitat.

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21.3 Policy

It is the policy of the Ames Research Center to ensure that any action authorized, funded, or carried out is not likely to jeopardize the continued existence of any endangered or threatened species, or result in the destruction or adverse modification of a critical habitat. Ames will comply with all applicable regulations pertaining to endangered and threatened species.

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21.4 Authority

  1. Endangered Species Act (ESA) of 1973, as amended.
  2. 50 CFR 17.
  3. Migratory Bird Treaty Act of 1918, as amended.
  4. California Fish and Game Code 2050-98.
  5. California Native Plant Protection Act of 1977, as amended.
  6. California Endangered Species Act of 1984, as amended.
  7. Executive Order 13112, Invasive Species
  8. Executive Order 13186, Responsibilities of Federal Agencies To Protect Migraory Birds

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21.5 Responsibilities

21.5.1 Environmental Services Office, Code QE (Environmental Office)

  1. Maintain and review the Federal and state of California endangered or threatened species list to determine if such species occur at Ames. Make appropriate conservation and protection arrangements for habitat protection, as required.
  2. Ensure that periodic surveys are conducted onsite to determine the presence of such listed species.
  3. Ensure that burrowing owl monitoring activities are conducted on an ongoing basis and provide guidance to line management.
  4. Assist in the relocation efforts for burrowing owls.
  5. Maintain an accurate inventory of all Ames habitat areas that may be affected by ongoing and planned operations.
  6. Validate the need and prepare permit applications.
  7. Review all construction and maintenance projects to ensure compliance with the Endangered Species Act (ESA) and related laws and regulations.
  8. Oversee technical biologic studies on an as-needed, ongoing basis.
  9. Act as a technical point of contact for all regulatory agency interface and correspondence.
  10. Mark radius around burrows that shall not be disturbed.

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21.5.2 Facilities Maintenance, Code JFP

  1. Monitor ongoing operations and activities to ensure that they will not impact threatened or endangered species.
  2. Allow no pesticides, rodenticides, and/or herbicides to be used within 50 feet of the burrow of burrowing owls or other nesting threatened or endangered species.
  3. Allow no maintenance activities that may impact nests of migratory birds during the breeding season.
  4. Ensure that no discing is conducted onsite, especially in grassland areas because it destroys owl burrows.
  5. Ensure that areas of grassland are mowed and maintained to provide optimum habitat conditions for the burrowing owl, where appropriate.

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21.5.3 Facilities Engineering, Code FEF, and Facilities Planning, Code JFF

  1. Review all proposed projects and ongoing operations to identify possible activities that may affect wildlife or a critical habitat.
  2. Coordinate with the Environmental Office to determine if threatened or endangered species will be impacted by proposed actions.
  3. Coordinate with the Environmental Office concerning U.S. Fish and Wildlife Service, Army Corps of Engineer, and Department of Fish and Game permits.
  4. Consider wildlife issues during the early planning stages and in development of Master Planning activities.
  5. Notify the Environmental Office as soon as possible if any construction or project management changes occur that may affect endangered and threatened species.
  6. Fund biologic surveys as part of the project cost, on an as-needed basis.

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21.6 Definitions

21.6.1 California Species of Special Concern

State species that are threatened and may warrant placement on the State Endangered Species list.

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21.6.2 Conserve

To use all necessary methods and procedures to bring any endangered or threatened species to the point at which the measures under the Endangered Species Act are no longer necessary (16 USC 1531-1544).

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21.6.3 Critical Habitats

Critical habitats in accordance with the ESA are areas that include physical (i.e., cover or vegetation for nesting or protection) or biological (i.e., food sources) features that are essential to the conservation of the species and that may require special management considerations or protection.

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21.6.4 Endangered Species

Any species that is in danger of extinction throughout all or a significant portion of its range.

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21.6.5 Endangered Species Act (ESA)

Provides protection to species listed on the Federal Endangered Species List. Directs Federal agencies to consult with the U.S. Fish and Wildlife Service for activities potentially affecting endangered species.

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21.6.6 Fish and Wildlife

Any species classified within the animal kingdom.

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21.6.7 Extinct

No longer in existence.

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21.6.7 Migratory Bird Treaty Act of 1918

Makes it unlawful to disturb any migratory bird or its habitat, especially during the nesting season (February through September). It contains specific provisions against capturing, harassing, or in any way harming migratory birds.

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21.6.8 Plant

Any member of the plant kingdom.

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21.6.9 Section 7 of the ESA

Section 7 of the Endangered Species Act establishes a review and mitigation process that a Federal Agency must undertake prior to implementing an action that may result in a "take" of a listed species.

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21.6.10 Species

Any subspecies of fish, wildlife, or plants, and any distinct population segment of any species of vertebrate fish or wildlife that interbreeds when mature.

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21.6.11 Take

To harass, harm, shoot, wound, trap, collect, hunt, pursue, catch, capture, or kill a species.

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21.6.12 Threatened Species

A threatened species is one that is likely to become an endangered species within the foreseeable future because of a decline in its numbers throughout all or a significant portion of its range or habitat.

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21.6.13 Wetlands

Wetlands are areas subject to hydrologic inundation and are characterized by hydric soils and hydrophytic vegetation, as defined by the U.S. Army Corps of Engineers. These areas may be subject to seasonal inundation only. Wetlands generally include marshes, sloughs, potholes, river overflows, meadows, and natural ponds.

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21.7 Species Lists

Three separate lists address sensitive plant species in California: a Federal (USFWS) list, a state (California Department of Fish and Game) list, and a California Native Plant Society (CNPS) list. Sensitive animal species in California are addressed by a Federal and a state list. Listing determinations are based on the best scientific and commercial data available.

Federally listed endangered and threatened species are given in 50 CFR 17.11 (animals) and 50 CFR 17.12 (plants). State-listed species are given in the California Code of Regulations, Title 14. The CNPS listing is published in the CNPS Inventory of Rare and Endangered Vascular Plants of California. The State of California assigns "species of special concern" (CSC) status to rare species that may warrant designation as endangered or threatened. CSC species are afforded special protective status under the California Environmental Quality Act (CEQA).

Among the CNPS designations for rare plant species are "1A" (presumed extinct in California), "1B" (rare, threatened, or endangered in California and elsewhere), and "2" (rare, threatened, or endangered in California but more common elsewhere). All three designations meet the definitions of Section 1901, Chapter 10 (Native Plant Protection Act) or Sections 2062 and 2067 (California Endangered Species Act (CESA)) of the California Department of Fish and Game Code and, therefore, are granted special protective status under CEQA.

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21.7.1 Endangered, Threatened, and Rare Plants near Moffett Field

No endangered, threatened, or rare plant species are known to occur at Moffett Field. However, Moffett Field does contain a potentially suitable habitat for 12 sensitive species (see table).

Plant species Status
Common name Scientific name Federal* State* CNPS*
Robust spineflower Chorizanthe robusta robusta Endangered -- 1B
California seablight Suaeda californica Endangered -- 1B
Hickman's cinquefoil Potentilla hickmanii Proposed endangered Endangered 1B
Point Reyes meadowfoam Limnanthes douglasii sulphurea -- Endangered 1B
Mason's lilaeopsis Lilaeopsis masonii -- Rare 1B
Congdon's tarplant Hemizonia parryi congdonii -- -- 1B
Delta tule pea Lathyrus jepsonii jepsonii -- -- 1B
Ferris's milk-vetch Astragalus tener ferrisiae -- -- 1B
Hairy gumweed Grindelia hirsutula hirsutula -- -- 1B
Maple-leaved checkerbloom Sidalcea malachroides -- -- 1B
Point Reyes bird's beak Cordylanthus maritimus palustris -- -- 1B
Slender-leaved pondweed Potamogeton filiformis -- -- 2
*The Federal, state, and CNPS lists are updated on a regular basis.

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21.7.2 Endangered, Threatened, and Rare Animal Species at Moffett Field

The following 18 animal species are known to occur at Moffett Field:
Animal species Status
Common name Scientific name Federal* State*
Salt marsh harvest mouse Reithrodontonys raviventris Endangered Endangered
California least tern Sterna antillarum browni Endangered Endangered
California clapper rail Laterallus longirostris obsoletus Endangered Endangered
California brown pelican Pelecanus occidentalis californicus Endangered Endangered
American peregrine falcon Falco peregrinus anatum Endangered Endangered
Western snowy plover Charadrius alexandrinus nivosus Threatened --
Bank swallow Riparia riparia -- Threatened
American white pelican Pelecanue erthrorhynchos -- CSC*
Black skimmer Rhyncops niger -- CSC
California gull Larus californicus -- CSC
California horned lark Eremophila alpestris actia -- CSC
Double-crested cormorant Phalacrocorax auritus -- CSC
Golden eagle Aquila chrysaetos -- CSC
Loggerhead shrike Lanius ludovicianus -- CSC
Northern harrier Circus cyaneus -- CSC
White-tailed Kite Elanus leucurus -- Fully Protected
Saltmarsh common yellowthroat Geothlypis trichas sinuosa -- CSC
Western burrowing owl Athene cunicularia hypugaea -- CSC
*The Federal, state, and CNPS lists are updated on a regular basis.

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21.8 Other Related Programs

The following programs discussed in this Environmental Handbook, or otherwise implemented at Ames, are applicable to endangered and threatened species:
  1. Chapter 20 - Flood Plains and Wetlands Management
  2. Chapter 22 - NEPA Management

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21.9 Metrics

% Compliance with federal, state, endangered species act/ regulations.
Goal: 100% compliance
% Projects impacting endangered and threatened species with appropriate permits.
Goal: 100% compliance

21.10 Sources of Additional Information or Assistance

  1. Environmental Office (Code QE, MS 218-1, (650) 604-5602,
    http://q.arc.nasa.gov/qe/)
  2. Ames Environmental Resources Document

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Appendix

21.11 Endangered Species Program at Ames Research Center Feral Cat Management Plan

  1. Executive Summary
  2. To protect endangered species at Ames Research Center (ARC) from predation, the following procedures will be followed:

    1. Feral cats will be trapped by wildlife professionals and taken to an offsite veterinarian: either Alta View Animal Hospital (AVAH) or Palo Alto Animal Services (PAAS).
    2. NASA will pay for the cats to be spayed, neutered, and/or vaccinated as needed.
    3. AVAH or PAAS will notify an email list that the cats are available for adoption until 5 p.m. the following day (AVAH), or for the next 72 hours (PAAS).
    4. Interested parties may choose to adopt the cats from AVAH or PAAS.

  3. Background
  4. Feral cats are abundant in urbanized areas such as South San Francisco Bay. ARC supports a substantial population of feral cats, some of which have been fed for several years by well-meaning employees. In November 2000, the United States Fish and Wildlife Service (USFWS) determined that feeding stations at ARC were artificially increasing and concentrating predators of federally protected species (e.g., feral cats, skunks, and raccoons). Increasing the concentration of predators near endangered species habitat is a violation of the Endangered Species Act.

    In response to this letter, ARC has developed this Feral Cat Management Plan. The goal of this Plan is to reduce predation of sensitive native species by decreasing the abundance of some mammalian predators at the site. This Plan has two primary elements. The first is strict enforcement of the wildlife feeding prohibition originally established by ARC in 1997. The second is ongoing implementation of a program to trap and remove feral cats from the Center and find adoptive homes for as many animals as possible. Cats will be spayed/neutered and vaccinated by offsite veterinarians and made available for adoption by interested parties, including ARC employees. Those interested in adopting a cat can request that their names be added to an email list. Individuals on this list will receive regular email notifications of the numbers of cats available for adoption and the times and locations at which they can be picked up. Requests to be added to the email list should be sent to ARC wildlife biologist Chris Alderete (calderete@mail.arc.nasa.gov or 650-604-3532).

    ARC will cover costs of spaying, neutering, and vaccinations, as needed. Individuals adopting animals must provide carriers and other necessary equipment and supplies needed to adopt these animals. Those considering adoption should be aware that although a few of these animals are relatively tame and could perhaps be ÒsocializedÓ into a domestic environment, many are wild and possibly dangerous. Persons adopting feral cats accept this risk. No cats shall be returned to ARC or adjacent properties.

    The following sections describe the elements of this Plan, the process by which it will be implemented, and the roles and responsibilities of the various organizations involved in its implementation.

  5. Program Elements
  6. This Plan comprises two main elements, as described below:

    1. a prohibition on the feeding of domestic, feral, or wild animals; and
    2. trapping, removal, and adoption of feral cats.
    3. Feeding Prohibition
    4. In 1997, ARC created and published a policy that prohibits the feeding of wildlife on Center. This policy was published again in 1998. Despite these policies, cats are still fed by some ARC employees. This plan restates AmesÕ official policy: No feeding of domestic, feral, or wild animals is permitted by anyone, at any time, anywhere on Center.
    5. Trapping and Removal Program
    6. Because radio-collared cats have been shown to travel up to 3.2 km (Rassmussen 1997), trapping will take place on all ARC lands. Trapping will be performed by staff from the United States Department of Agriculture (USDA), Wildlife Services Division, or other qualified individuals. USDA and Code QE staff will determine the appropriate timing, duration, location, and intensity of trapping based on scientific evidence, life history characteristics of affected species, and personal observations. Trapping will occur based on needs and availability of funding. Other factors, such as whether or not adoptive homes are available for cats, will not be considered. Adopted cats shall not be returned to ARC or adjacent properties.

  7. Process and Responsibilities
  8. This section describes the process by which this plan will be implemented and the responsibilities of the various parties involved.

    1. Environmental Services Division
    2. Code QE is responsible for funding and managing the trapping program and will work with USDA to determine appropriate timing, duration, location, and intensity of trapping. Code QE will be the point of contact for all correspondence with USDA and the USFWS, if needed. Code QE will remove and discard any feeding stations found at ARC.

    3. Facilities and Logistics Management Division
    4. Code JF is responsible for funding and managing at least one and preferably two contracts that provide for veterinary services. Current contracts are with the Alta View Animal Hospital (AVAH) and Palo Alto Animal Services (PAAS).

    5. USDA Wildlife Services
    6. USDA Wildlife Services is currently responsible for trapping feral cats at ARC. USDA staff involved in trapping shall have all required training and are responsible for maintaining compliance with all applicable laws and regulations related to trapping and animal welfare. After cats are trapped, USDA staff will transport them to AVAH or PAAS. USDA staff will record the location and number of cats that are trapped and relay this information to Code QE.

    7. Alta View Animal Hospital or Palo Alto Animal Services
    8. AVAH or PAAS will perform spay/neuter operations and vaccinations, as necessary. All cats will be double ear-notched to distinguish them from cats in neighboring areas. AVAH will make the cats available for pickup by interested parties on the day they are received from USDA, after the veterinary services are provided, until 5 p.m. the following day. PAAS will make the cats available for pickup by interested parties for 72 hours after receipt from USDA. Each time cats are delivered, AVAH or PAAS will email interested individuals on the email list of the number of animals available for adoption and the times during which they can picked up.

    9. Ames Community and Other Interested Parties
    10. In accordance with Ames policy, there shall be no feeding of any feral cats or other wildlife at any time, anywhere on Center. Any feeding stations found on Center will be removed and discarded. Ames employees and other interested parties have the option of adopting animals from AVAH or PAAS within the time frames specified in Section 4.4. Those interested in receiving regular email notifications can contact Chris Alderete at calderete@mail.arc.nasa.gov or 650-604-3532. No adopted animals shall be released back to the Center or surrounding lands. No Ames employees, other than Code QE staff, shall make personal contact with USDA staff or their equipment. All individuals adopting cats from AVAH or PAAS must provide their own cages and other related equipment and supplies.

      No cats will be released to any Ames employee who:

      • violates the Endangered Species Act and Ames policy by feeding feral cats on Center;
      • harasses, threatens, or attempts to intimidate USDA staff or other individuals implementing the provisions of this Plan or otherwise performing their job duties;
      • interferes with trapping efforts in any way, including violating Federal law by making animal traps ineffective through tampering or other means; or
      • releases any cats to ARC property, including those previously caught on Center here.

  9. References
  10. Rassmussen, K. 1997. Unpublished data collected in the San Francisco Bay Area.
    United States Fish and Wildlife Service. November 2000. Letter to Ames Research Center: Cat Feeding at Moffett Field, Santa Clara County, California.

Thomas J. Moyles
Director of Center Operations

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