Summary
The Endangered Species Act (ESA) provides a program for the conservation of threatened and endangered plants and animals and the habitats in which they are found. The lead federal agencies for implementing ESA are the U.S. Fish and Wildlife Service (FWS) and the U.S. National Oceanic and Atmospheric Administration (NOAA) Fisheries Service. The FWS maintains a worldwide list of endangered species. Species include birds, insects, fish, reptiles, mammals, crustaceans, flowers, grasses, and trees.
The law requires federal agencies, in consultation with the U.S. Fish and Wildlife Service and/or the NOAA Fisheries Service, to ensure that actions they authorize, fund, or carry out are not likely to jeopardize the continued existence of any listed species or result in the destruction or adverse modification of designated critical habitat of such species (Section 7, Interagency Cooperation). The law also prohibits any action that causes a “taking” of any listed species of endangered fish or wildlife. Likewise, import, export, interstate, and foreign commerce of listed species are all generally prohibited.
Endangered Species Act of 1973 (16 U.S.C. §1531 et seq.)
Section 7 Consultation
- https://www.fws.gov/library/collections/section-7-consultation
- https://www.fws.gov/midwest/endangered/section7/
The ESA directs all Federal agencies to work to conserve endangered and threatened species and to use their authorities to further the purposes of the Act. Section 7 of the Act, called “Interagency Cooperation,” is the mechanism by which Federal agencies ensure the actions they take, including those they fund or authorize, do not jeopardize the existence of any listed species.
APHIS, on behalf of PPQ, Pest Surveillance and Emergency Programs and the Cooperative Agricultural Pest Survey Program has entered into Section 7 Consultation with FWS regarding the bycatch of endangered species in survey traps. APHIS Policy and Program Development (PPD) with the Pest Detection Cross Functional Working group input, is in the process of developing a Biological Assessment for FWS consultation.
What is covered?
Endangered insects are the primary concern for this consultation process and the final biological assessment has been expanded to include CAPS, Pest Detection trapping by PPQ and Plant Protection Act Section 7721 Goal 1 Survey trapping. This biological assessment does not include trapping associated with specific programs, such as fruit flies, spotted lanternfly, Asian giant hornet, or others.
Consultation Strategy
- Avoid trapping in the range of listed insect species. If we are not trapping in range areas we do not need to negotiate protection measures with the FWS.
- Review of Fish and Wildlife Service range maps.
- Determine if range areas can be avoided.
- The public range maps of the listed insects we’ve been provided can sometimes be very broad, we are asking the FWS to refine many of these maps after our review. With more refinement, we may find that areas can in fact be avoided.
- For those insects where the area can be avoided, we can make a no effect determination and no further consultation would be needed for those species or range areas.
- For areas where trapping can not be avoided we might seek to determine useful protection measures.
- For areas where trapping cannot be avoided and few or no useful protection measures are available, we might have to make a likely to adversely affect determinations and initiate formal consultation, but hopefully this will be very few if any species.
Annual Review or Revisiting Areas and Agreements
During the survey planning process it is critical that range maps are revisited to ensure species maps didn’t change prior to placing traps.
We recognize needs change overtime and these avoided areas may require revisiting. This process can be accomplished at any time by messaging the Pest Detection Cross Functional Working Group to inform them of the need to trap in areas which are to be avoided. This will likely trigger a review by FWS.
Environmental Conservation Online System (ECOS)
ECOS is used by FWS to display the locations of listed species. It can be searched at https://ecos.fws.gov/ecp/ and Map Layers can also be downloaded at ECOS. Links below may be adjusted by FWS; use the search feature is your unable to display the linked map below.
States that have agreed to avoid areas listed publicly
| State | Listed Species | Common Name | Map | Description |
|---|---|---|---|---|
| Arkansas | Nicrophorus americanus | American burying beetle | map | Agreed on December 14, 2020 to avoid listed areas. |
| California | Dinacoma caseyi | Casey’s June Beetle | map | Agreed on December 16, 2020 to avoid listed areas. |
| California | Euproserpinus euterpe | Kern primrose sphinx moth | map | Agreed on December 16, 2020 to avoid listed areas. |
| California | Pyrgus ruralis lagunae | Laguna Mountains skipper | map | Agreed on December 16, 2020 to avoid listed areas. |
| Connecticut | Bombus affinis | Rusty patched bumble bee | map | Only historical populations are known, no changes to trapping are required. Annually, confirm no new populations have been identified. If new populations are identified please contact the Pest Detection Cross Functional Working Group. |
| Connecticut | Cicindela puritana | Puritan tiger beetle | map | Agreed on December 16, 2020 to avoid listed area. |
| Florida | Anaea troglodyta floridalis | Florida leafwing butterfly | map | Pineland croton, Croton cascarilla will be identified by survey staff and avoided, and traps known to capture butterflies will not be used in proximity to pineland croton or Croton coscarilla. |
| Florida | Cicindelidia floridana | Miami tiger beetle | map | “bare or sparsely vegetated sandy areas in pine rockland habitat in Miami-Dade County, Florida” will be avoided by all survey staff. |
| Florida | Cyclargus (=Hemiargus) thomasi bethunebakeri | Miami blue butterfly | map | Traps known to capture butterflies will not be used in identified. areas Specifically, malaise or flight intercept traps are identified as potential traps for butterflies. |
| Florida | Heraclides aristodemus ponceanus | Schaus swallowtail butterfly | map | Traps known to capture butterflies will not be used in identified. areas Specifically, malaise or flight intercept traps are identified as potential traps for butterflies. |
| Florida | Strymon acis bartrami | Bartram’s hairstreak butterfly | map | “bare or sparsely vegetated sandy areas in pine rockland habitat in Miami-Dade County, Florida” will be avoided by all survey staff. |
| Georgia | Bombus affinis | Rusty patched bumble bee | map | No required changes to trapping are necessary because no known populations exist, check annually for newly listed populations. If new populations are identified please contact the Pest Detection Cross Functional Working group for assistance. Do not trap in newly identified areas without prior authorization. |
| Illinois | Bombus affinis | Rusty patched bumble bee | map | Use of Plastic Bucket Trap – Multi-Colored (White, Yellow, and Green), Prism Traps (Purple), Large Plastic Delta Traps (White, Red, and Orange), White Wing Traps (White), and Jackson Traps (White) will have unique requirements for each zone, High potential zones (red zones), and Low Potential Zones (yellow). Follow the RPBB Policy with Annex for guidance before placing the listed traps. |
| Indiana | Bombus affinis | Rusty patched bumble bee | map | Use of Plastic Bucket Trap – Multi-Colored (White, Yellow, and Green), Prism Traps (Purple), Large Plastic Delta Traps (White, Red, and Orange), White Wing Traps (White), and Jackson Traps (White) will have unique requirements for each zone, High potential zones (red zones), and Low Potential Zones (yellow). Follow the RPBB Policy with Annex for guidance before placing the listed traps. |
| Indiana | Lycaeides melissa samuelis | Karner blue butterfly | map | Traps known to capture butterflies will not be used in identified areas. Specifically, malaise or flight intercept traps are identified as potential traps for butterflies |
| Indiana | Neonympha mitchellii | Mitchell’s satyr butterfly | map | Traps known to capture butterflies will not be used in identified areas. Specifically, malaise or flight intercept traps are identified as potential traps for butterflies |
| Iowa | Bombus affinis | Rusty patched bumble bee | map | Use of Plastic Bucket Trap – Multi-Colored (White, Yellow, and Green), Prism Traps (Purple), Large Plastic Delta Traps (White, Red, and Orange), White Wing Traps (White), and Jackson Traps (White) will have unique requirements for each zone, High potential zones (red zones), and Low Potential Zones (yellow). Follow the RPBB Policy with Annex for guidance before placing the listed traps. |
| Kentucky | Bombus affinis | Rusty patched bumble bee | map | No required changes to trapping are necessary because no known populations exist, check annually for newly listed populations. If new populations are identified please contact the Pest Detection Cross Functional Working group for assistance. Do not trap in newly identified areas without prior authorization. |
| Maine | Bombus affinis | Rusty patched bumble bee | map | Use of Plastic Bucket Trap – Multi-Colored (White, Yellow, and Green), Prism Traps (Purple), Large Plastic Delta Traps (White, Red, and Orange), White Wing Traps (White), and Jackson Traps (White) will have unique requirements for each zone, High potential zones (red zones), and Low Potential Zones (yellow). Follow the RPBB Policy with Annex for guidance before placing the listed traps. |
| Maryland | Cicindela dorsalis dorsalis | Northeastern beach tiger beetle | map | Agreed on December 4, 2020 to avoid listed areas. |
| Maryland | Cicindela puritana | Puritan tiger beetle | map | Agreed on December 4, 2020 to avoid listed areas. |
| Massachusetts | Bombus affinis | Rusty patched bumble bee | map | Use of Plastic Bucket Trap – Multi-Colored (White, Yellow, and Green), Prism Traps (Purple), Large Plastic Delta Traps (White, Red, and Orange), White Wing Traps (White), and Jackson Traps (White) will have unique requirements for each zone, High potential zones (red zones), and Low Potential Zones (yellow). Follow the RPBB Policy with Annex for guidance before placing the listed traps. |
| Massachusetts | Cicindela dorsalis dorsalis | Northeastern beach tiger beetle | map | Agreed on December 16, 2020 to avoid listed area. |
| Massachusetts | Nicrophorus americanus | American burying beetle | map | Agreed on December 16, 2020 to avoid listed area. |
| Michigan | Bombus affinis | Rusty patched bumble bee | map | No required changes to trapping are necessary because no known populations exist, check annually for newly listed populations. If new populations are identified please contact the Pest Detection Cross Functional Working group for assistance. Do not trap in newly identified areas without prior authorization. |
| Minnesota | Bombus affinis | Rusty patched bumble bee | map | Use of Plastic Bucket Trap – Multi-Colored (White, Yellow, and Green), Prism Traps (Purple), Large Plastic Delta Traps (White, Red, and Orange), White Wing Traps (White), and Jackson Traps (White) will have unique requirements for each zone, High potential zones (red zones), and Low Potential Zones (yellow). Follow the RPBB Policy with Annex for guidance before placing the listed traps. |
| Missouri | Bombus affinis | Rusty patched bumble bee | map | No required changes to trapping are necessary because no known populations exist, check annually for newly listed populations. If new populations are identified please contact the Pest Detection Cross Functional Working group for assistance. Do not trap in newly identified areas without prior authorization. |
| Montana | Lednia tumana | Meltwater lednian stonefly | map | Agreed on January 20, 2021 to avoid listed areas. |
| Montana | Zapada glacier | Western glacier stonefly | map | Agreed on January 20, 2021 to avoid listed areas. |
| Nebraska | Cicindela nevadica lincolniana | Salt Creek Tiger beetle | map | Trapping can be avoided in the identified areas. |
| Nebraska | Nicrophorus americanus | American burying beetle | map | Trapping in NE will be at breast height or above, and captured material will be replaced at least every two weeks in all traps. These mitigating factors will prevent the entry of American burying beetle in any traps. |
| Nevada | Ambrysus amargosus | Ash Meadows naucorid | map | This insect is flightless and would not be captured in traps. |
| Nevada | caricia (Plebejus) shasta charlestonensis | Mount Charleston blue butterfly | map | The identified areas can be avoided by USDA. |
| Nevada | Pseudocopaeodes eunus obscurus | Carson wandering skipper | map | Traps which can trap butterflies will not be used in identified areas. Specifically, yellow sticky cards or prism traps will not be used in the identified areas. |
| New Hampshire | Bombus affinis | Rusty patched bumble bee | map | No required changes to trapping are necessary because no known populations exist, check annually for newly listed populations. If new populations are identified please contact the Pest Detection Cross Functional Working group for assistance. Do not trap in newly identified areas without prior authorization. |
| New Hampshire | Lycaeides melissa samuelis | Karner blue butterfly | map | Agreed on January 14, 2021 to avoid listed areas. |
| New Jersey | Bombus affinis | Rusty patched bumble bee | map | No required changes to trapping are necessary because no known populations exist, check annually for newly listed populations. If new populations are identified please contact the Pest Detection Cross Functional Working group for assistance. Do not trap in newly identified areas without prior authorization. |
| New York | Bombus affinis | Rusty patched bumble bee | map | No required changes to trapping are necessary because no known populations exist, check annually for newly listed populations. If new populations are identified please contact the Pest Detection Cross Functional Working group for assistance. Do not trap in newly identified areas without prior authorization. |
| New York | Lycaeides melissa samuelis | Karner blue butterfly | map | Agreed on December 31, 2020 to avoid listed areas. |
| North Carolina | Bombus affinis | Rusty patched bumble bee | map | Only historical populations are known, not changes to trapping are required. Annually, confirm no new populations have been identified. If new populations are identified please contact the Pest Detection Cross Functional Working Group. |
| Ohio | Bombus affinis | Rusty patched bumble bee | map | Use of Plastic Bucket Trap – Multi-Colored (White, Yellow, and Green), Prism Traps (Purple), Large Plastic Delta Traps (White, Red, and Orange), White Wing Traps (White), and Jackson Traps (White) will have unique requirements for each zone, High potential zones (red zones), and Low Potential Zones (yellow). Follow the RPBB Policy with Annex for guidance before placing the listed traps. |
| Oklahoma | Nicrophorus americanus | American burying beetle | map | Trapping in OK will be at breast height or above, and captured material will be replaced at least every two weeks in all traps. These mitigating factors will prevent the entry of American burying beetle in any traps. |
| Pennsylvania | Bombus affinis | Rusty patched bumble bee | map | No required changes to trapping are necessary because no known populations exist, check annually for newly listed populations. If new populations are identified please contact the Pest Detection Cross Functional Working group for assistance. Do not trap in newly identified areas without prior authorization. |
| Rhode Island | Nicrophorus americanus | American burying beetle | map | Agreed on December 16, 2020 to avoid listed area. |
| South Carolina | Bombus affinis | Rusty patched bumble bee | map | No required changes to trapping are necessary because no known populations exist, check annually for newly listed populations. If new populations are identified please contact the Pest Detection Cross Functional Working group for assistance. Do not trap in newly identified areas without prior authorization. |
| South Dakota | Hesperia dacotae | Dakota skipper | map | Traps which can trap butterflies will not be used in the following refuges: Dakota Tallgrass Prairie Wildlife Management Area, Des Lacs National Wildlife Refuge, Detroit Lakes Wetland Management District, J. Clark Salyer National Wildlife Refuge, J. Clark Salyer Wetland Management District, Litchfield Wetland Management District, Lostwood National Wildlife Refuge, Madison Wetland Management District, Morris Wetland Management District, North Dakota Wildlife Management Area, Sand Lake Wetland Management District, Shell Lake National Wildlife Refuge, Waubay National Wildlife Refuge, Waubay Wetland Management District, Windom Wetland Management District. Specifically, yellow sticky cards or prism traps will not be used in the identified areas |
| South Dakota | Nicrophorus americanus | American burying beetle | map | Trapping in SD will be at breast height or above, and captured material will be replaced at least every two weeks in all traps. |
| South Dakota | Oarisma poweshiek | Poweshiek skipperling | map | Traps which can trap butterflies will not be used in the following refuges: Dakota Tallgrass Prairie Wildlife Management Area, Waubay National Wildlife Refuge, Waubay Wetland Management District. Specifically, yellow sticky cards or prism traps will not be used in the identified areas. |
| Tennessee | Bombus affinis | Rusty patched bumble bee | map | Only historical populations are known, not changes to trapping are required. Annually, confirm no new populations have been identified. If new populations are identified please contact the Pest Detection Cross Functional Working Group. |
| Texas | Batrisodes texanus | Coffin Cave mold beetle | Underground. Would not be captured in traps. | |
| Texas | Batrisodes venyivi | Helotes mold beetle | Underground. Would not be captured in traps. | |
| Texas | Heterelmis comalensis | Comal Springs riffle beetle | Unable to fly. Would not be captured in traps. | |
| Texas | Nicrophorus americanus | American burying beetle | map | Agreed on January 11, 2021 to avoid listed areas. |
| Texas | Rhadine exilis | [no common name] Beetle | Underground. Would not be captured in traps. | |
| Texas | Rhadine infernalis | [no common name] Beetle | Underground. Would not be captured in traps. | |
| Texas | Rhadine persephone | Tooth Cave ground beetle | Underground. Would not be captured in traps. | |
| Texas | Stygoparnus comalensis | Comal Springs dryopid beetle | Underground. Would not be captured in traps. | |
| Texas | Texamaurops reddelli | Kretschmarr Cave mold beetle | Underground. Would not be captured in traps. | |
| Vermont | Bombus affinis | Rusty patched bumble bee | map | No required changes to trapping are necessary because no known populations exist, check annually for newly listed populations. If new populations are identified please contact the Pest Detection Cross Functional Working group for assistance. Do not trap in newly identified areas without prior authorization. |
| Virginia | Bombus affinis | Rusty patched bumble bee | map | Use of Plastic Bucket Trap – Multi-Colored (White, Yellow, and Green), Prism Traps (Purple), Large Plastic Delta Traps (White, Red, and Orange), White Wing Traps (White), and Jackson Traps (White) will have unique requirements for each zone, High potential zones (red zones), and Low Potential Zones (yellow). Follow the RPBB Policy with Annex for guidance before placing the listed traps. |
| Washington | Euphydryas editha taylori | Taylor’s (=whulge) checkerspot | map | Agreed on February 9, 2021 to avoid listed areas. |
| West Virginia | Bombus affinis | Rusty patched bumble bee | map | Use of Plastic Bucket Trap – Multi-Colored (White, Yellow, and Green), Prism Traps (Purple), Large Plastic Delta Traps (White, Red, and Orange), White Wing Traps (White), and Jackson Traps (White) will have unique requirements for each zone, High potential zones (red zones), and Low Potential Zones (yellow). Follow the RPBB Policy with Annex for guidance before placing the listed traps. |
| Wisconsin | Bombus affinis | Rusty patched bumble bee | map | Use of Plastic Bucket Trap – Multi-Colored (White, Yellow, and Green), Prism Traps (Purple), Large Plastic Delta Traps (White, Red, and Orange), White Wing Traps (White), and Jackson Traps (White) will have unique requirements for each zone, High potential zones (red zones), and Low Potential Zones (yellow). Follow the RPBB Policy with Annex for guidance before placing the listed traps. |
| Wyoming | Zapada glacier | Western glacier stonefly | map | Agreed on December 21, 2020 to avoid listed areas. |