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HomeMy WebLinkAboutResolution 2003-146 surveys relating to development of a habitat conservation planMARANA RESOLUTION NO. 2003-146 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE A SECOND AMENDMENT TO AN INTERAGENCY AGREEMENT WITH THE ARIZONA GAME AND FISH DEPARTMENT TO CONDUCT CACTUS FERRUGINOUS PYGMY OWL SURVEYS TO PROVIDE INFORMATION PERTINENT TO DEVELOPMENT OF A HABITAT CONSERVATION PLAN, AND DECLARING AN EMERGENCY. BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, approving and authorizing the Mayor to execute an interagency agreement with the Arizona Game and Fish Depmtment to conduct cactus fermginons pygmy owl surveys to provide information pertinent.to development of a habitat conservation plan, in the form attached to and incorporated in this Resolution as Exhibit A, and authorizing the Mayor, the Town Manager and Staffto undertake all other tasks required to carry out the terms, obligations and objectives of the agreement. IT IS FURTHER RESOLVED that it is necessary for the preservation of the peace, health, and safety of the Town of Marana that this resolution become immediately effective; therefore, an emergency is hereby declared to exist and this resolution shall be effective immediately upon its passage and adoption. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 18th day of November, 2003. ATTEST: J~ .elyn C B~n~on,v .T°xna Clerk ~k ~Fr Cm, APPROVED AS TO FORM: *own y Town of Marana Resolution No. 2003-146 Amendment No. 2 to the Interagency Agreement Between Arizona Game and Fish Commission And The Town of Marana This amendment is entered into by and between the Town of Marana (Town) and the Research Branch of the Arizona Game and Fish Department (Department). Whereas: The Town and the Department entered into an agreement dated January 21, 2003 relating to a cooperative planrfing effort leading to the development of a Habitat Conservation Plan for the Tortolita Mountains and all surfaces draining away from them (the "existing agreement"), and Whereas: The Town wishes to engage the Department to conduct cactus ferruginous pygmy owl surveys to provide information pertinent to development of a Habitat Conservation Plan, Therefore: The Town and the Department hereby modify the existing agreement as follows: A. Town of Marana Agrees to: 12. Reimburse the Department $49.969.00 for cactus fermginous pygmy ow1 surveys work within the planning area of the Town ofMarana HCP-2004 as described in Attachment A. Reimbursement will include any work done beginning February 1, 2004, pursuant to this scope of work. B. Department agrees to: 5. Perform Cactus fermginous pygmy owl surveys within the planning area associated with the Town ofMarana HCP-2004 as described in Attachment A. Department shall invoice Town for work on a cost-reimbursable basis. C. General Provisions: 13. To incorporate enough time to complete the work, the pygmy owl portion of the Agreement only will be extended to June 30,2005. ARIZONA GAME AND FISH COMMISSION By: Secretary to the Commission and Director, Game and Fish Department Date ATTORNEY CERTIFICATION The undersigned attorneys for the Arizona Game and Fish Department and the Town of Marana have determined, each as to their respective client only, that this Agreement is in proper form and is within the powers and authority granted under Arizona law to the Arizona Game and Fish Department and the Town of Marana. Attorney for the Arizona Game and Fish Department Attachment "A" SCOPE OF WORK Scope of Work Cactus Ferruginous Pygmy-owl surveys within the planning area associated with the Town of Marana HCP - 2004 Prepared by: Michael F. Ingraldi, Ph.D. Arizona Game and Fish Department, Research Branch 2221 West Greenway Road Phoenix, Arizona 85023 Introduction The Town of Marana is currently in the process of developing a Habitat Conservation Plan (HCP) for the Township and surrounding area. The endangered cactus ferruginous pygmy-owl (hereafter pygmy-owl) is one of the species dictating the scope of the HCP. The pygmy-owl nests within areas of Sonoran desertscrub upland habitat recently designated as potential critical habitat by the U.S. Fish and Wildlife Service. There are concerns regarding the possible impact of human development on pygmy-owl persistence within these areas. This project proposes to provide useful information about the numbers and distribution of pygmy-owls within the proposed HCP area. Information from this project can be used to track population distribution, trends and aid in the restoration of the species. The objective of this study is to locate pygmy-owls within the proposed HCP planning area in Pima and Pinal Counties, Arizona. Approach The study area will consist of all lands within and adjacent (within 20 km) to the proposed critical habitat and recovery units that intersect the HCP planning boundaries. We will exclude all areas that will be surveyed by others (e.g., Clearance surveys conducted by Biological Consultants) so not to duplicate efforts and all large areas that are deemed non-nesting habitat (e.g., agricultural fields). We will conduct a prelim/nary reconnaissance of the study area in January. Surveys to detect pygmy-owl presence will be conducted by AGFD biologists during February, March, April and May of 2004. We will use the January 2000 revised formal survey protocol developed by the U.S. Fish and Wildlife Service and Arizona Game and Fish Department. As prescribed, we will concentrate our survey efforts during pygmy-owl high activity periods; one hour before sunrise until two hours after sunrise and one hour before sunset until one hour after sunset. A survey will consist of broadcasting male pygmy-owl territorial calls and listening for a vocal response or watching for a behavioral response. Taped calls will be broadcasted using a Johnny Stewart Game Caller (Model MS 512, Johnny Stewart, Waco, Texas) or a tape player (Optimus, Model CTR-105, Radio Shack) with power- horn (Radio Shack). We will survey approximately 2500 ha (6,200 acres) of potential nesting habitat within the study area (i.e. the HCP Planning and adjacent area). Our first priority in survey effort will be those areas designated as Proposed Critical Habitat Units, followed by those areas designated as Recovery Units by the USFWS that are within the study area. We will stratify survey routes across the study area, with at least one survey route (10 call points) per legal Section (2.6 kin2). These survey routes will generally follow washes and smaller drainages that contain saguaros with cavities (nesting subslxate) as well as patches of large trees. Majority of the surveys will be concentrated west of Interstate 10. We will attempt to trap all pygmy-owls encountered in an effort to determine if the bird is part of a breeding pair. All captured owls will be marked with USFWS bands and a unique aluminum-anodized, alpha-numeric, colored leg band. Standard morphometric measurements (e.g., weight, wing chord, etc.) will be collected. Feathers will also be collected, catalogued, and stored for sex identification. We will attach a backpack style, 1.85 g radio transmitter (I-Iolotfil Systems, Ltd., Ontario, Canada) to any adult pygmy-owl encountered in order to determine its nesting location and status. Deliverables will include a final report, as well as all data sheets and topographic maps showing pygmy-owl calling stations within the project area Budget Summary Category Cost Personnel Project Biologist (1 month) Wildlife Specialist I (4 months) Wildlife Technician (3 months) Wildlife Technician (3 months) Administration / Secretarial (1 month) 3970 8316 6279 6279 2200 Sub-total 27,044 18% Overhead 4,868 Sub-total 31,912 Employee Related Expenses (30% of Personnel sub- total) 8,113 Sub-total $40,025 Mileage 2 AGFD vehicles ($0.5/mile x 5,000 $5,000 miles/vehicle) Per diem Project Biologist ($29.5/day x I0 days) 295 Wildlife Specialist I ($29.5/day x 10 days) 295 Wildlife Technicians ($29.5/day x 6 days x 2 354 Technicians) Sub-total $944 Other Operating Expenses Field/Office equipment (CD players, office 5000 space, GPS units, photocopies, binding, maps, flagging, etc.) Sub-total $4,000 TOTAL $49,969 Time Table Time Activity February 2004 Reconnaissance of survey area February - May 2004 June 2004 July- October 2004 January 2005 Perform pygmy-owl surveys Submit summary progress report Submit final maps and draft report Submit final report