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<br />u"" <br />..... wnnun <br />.""""'" <br /> <br />~ <br /> <br />United States Department of the Interior <br /> <br />FISH AND WILDLIFE SERVICE <br />Ecological Services <br />755 Parfet Street, Suite 361 <br />Lakewood. Colorado 80215 <br /> <br />~ <br />;:D <br />Offi4J0.0[@0 <br /> <br />. <br /> <br />ES/CQ; T&E/PMIM <br />Mail SlOp 65412 <br /> <br />MAR 1 1 1999 <br /> <br />To whom it may concern: <br /> <br />Re: Guidance on Ditch Maintenance Activities <br /> <br />. <br /> <br />The D,S. Fish and Wildlife Service (Service) is issuing the following Guidance Letter (Guidance) <br />on water conveyance ditch maintenance issues in an attempt to alleviate concems-of private <br />landowners, local land use authorities. ditch companies, irrigation and water conservancy <br />districts, and other entities with ditch maintenance responsibilities regarding potential <br />Endangered Species Act Section 9 violations involving the Preble's meadow jumping mouse <br />(Zapus hudsonius preble!). The following Guidance is to be used only for the remainder of <br />Calendar Year 1999 and is based upon the best available science the Service has to. date. New <br />scientific data gathered during the 1999 field season will be used to re-evaluate this Guidance <br />during the late fall and winter of 1999 and any changes to this Guidance will be made at that <br />time. This Guidance applies only to man-made ditches and is not intended to pennit or <br />encourage removal of habitat along naturally-occurring streams and watercourses, This <br />Guidance also applies only to activities which will result in either a temporary loss of habitat or <br />limited scope long-term vegetation loss as identified in this letter. <br /> <br />It is the Service's belief that this Guidance is necessary not only to provide assurances to those <br />, who must maintain active ditches, but to assure that currently existing Preble's meadow jumping <br />mouse habitat along ditches remains functionally intact and viable. Should limited ditch <br />maintenance not be allowed to continue, we face the possibility that these ditches would no <br />longer be capable of conveying water, and therefore any habitat dependent on this water would <br />be subject to degradation over time, and would eventually be lost. Maintenance of these ditches, <br />as discussed in this letter, is necessary to ensure continued conservation options for this species. <br /> <br />The Service is responsible for administering the Endangered Species Act of 1973 as amended <br />(Act), This Guidance defines those ditch maintenance activities which do not reach the threshold <br />of "take" as defined by Section 9 of the Act, and therefore do not require an Incidental Take <br />Statement or pennit pursuant to the pertinent language and provisions in Section 7, Section lO(a). <br />or exemption through a special rule under section 4(d) of the Act. These activities include <br />actions which will have no effect on the species as well as those actions which may affect, but <br />are not likely to adversely affect the species. <br /> <br />. <br /> <br />There are four main aspects that affect the take threshold for Preble's meadow jumping mouse on <br />ditches: (I) seasonality of maintenance activities; (2) timing of activities for those actions that <br />must be carried out during the season when the Preble's meadow jumping mouse is active above <br />ground; (3) patch size, shape, location. and quality of the habitat to be disturbed or lost; and <br />