· web viewsee attachment 5, map provided by tsukamoto to kavanaugh in 2000. ... the sahaptin...

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March 15, 2000 In the Office of Endangered Species Fish and Wildlife Service United States Department of the Interior A Petition for Rules to List Mountain Quail (Oreortyx pictus) in the Northern and Western Great Basin and the Interior Columbia Basin and Lands Westward to the Cascade Crest as Threatened or Endangered Under the Endangered Species Act Petitioners: Robert Kavanaugh 6919 41st Street SE Olympia, WA 98503 Contact: Robert Kavanaugh 560-456-6448 Idaho Watersheds Project PO Box 1622 Hailey, ID 83333 Contact: Jon Marvel 208-788-2290 Committee for Idaho’s High Desert PO Box 2863 Boise, ID 83701 Contact: Katie Fite 208-385-7588 Spokane Audubon Society 5925 West Excel Spokane, WA 99208 1-509-326-2399 Robert Kavanaugh, Idaho Watersheds Project (IWP),The Committee

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March 15, 2000

In the Office of Endangered SpeciesFish and Wildlife ServiceUnited States Department of the Interior

A Petition for Rules to List Mountain Quail (Oreortyx pictus) in the Northern and Western Great Basin and the Interior Columbia Basin and Lands Westward to the Cascade Crest as Threatened or Endangered Under the Endangered Species Act

Petitioners:

Robert Kavanaugh6919 41st Street SEOlympia, WA 98503Contact: Robert Kavanaugh560-456-6448

Idaho Watersheds ProjectPO Box 1622 Hailey, ID 83333Contact: Jon Marvel208-788-2290

Committee for Idaho’s High DesertPO Box 2863Boise, ID 83701Contact: Katie Fite208-385-7588

Spokane Audubon Society5925 West ExcelSpokane, WA 992081-509-326-2399

Robert Kavanaugh, Idaho Watersheds Project (IWP),The Committee for Idaho’s High Desert (CIHD) and the Spokane Audubon Society (SAS) formally request U.S. Fish and Wildlife Service to list the indigenous mountain quail (Oreortyx pictus) of the northern and western Great Basin and the Interior Columbia Basin and lands westward to the Cascade Crest as threatened or endangered pursuant to the Endangered Species Act, and to designate critical habitat concurrent with its listing. Mountain quail in the lands subject to this petition are a Distinct Population Segment that is threatened with

extinction by the continued destruction and modification of its habitat.

Petitioners file this petition under the Endangered Species Act (herein after the “Act” or “ESA”), 16 U.S.C. sections 1531-1543 (1982). This petition is filed under 5 U.S.C. section 553(e), and 50 C.F.R. part 424.14 (1990), which granted interested parties the right to petition for the issue of a rule from the Assistant Secretary of the Interior. The petitioners request that Critical Habitat be designated pursuant to 50 C.F.R. 414.14, and pursuant to the Administrative Procedures Act (5 U.S.C. 553).

The United States Fish and Wildlife Service has jurisdiction over this petition. Petitioners understand that this petition sets in motion a specific process placing definite response requirements on the USFWS and very specific time constraints upon these responses. The petitioners are a private individual and conservation organizations.

Failure to grant the requested petition will adversely affect the aesthetic, recreational, spiritual, commercial, research, and scientific interests of petitioning organizations’ members and of citizens of the United States. The public shows increasing demand for wild bird viewing opportunities, and increasing concern for biodiversity in general. Mountain quail are the only quail species native to the northern and western Great Basin and the Interior Columbia Basin and lands westward to the Cascade Crest. This is a significant portion of the range of Oreortyx pictus. It is almost half of the historic range of the species. Mountain quail require dense and diverse thickets of shrubs associated with healthy and diverse riparian systems. Such riparian habitats have decreased by 80-90% in this vast arid region. Interfacing upland shrub communities important to mountain quail have also been significantly altered and decreased by land use practices. Limited riparian corridors provide a narrow, linear configuration to mountain quail habitat here.

Should these indigenous quail fall victim to extinction, no natural recolonization will be possible, due to great expanses of fragmented, inhospitable habitat. Without concerted and extensive effort to restore damaged riparian and shrub thicket habitats, re-stocking efforts will fail. Populations will remain subject to extinction, as small, isolated populations in highly fragmented habitats “blink out” over time.

Addressing the drastic decline of the mountain quail in the northern and western Great Basin, Interior Columbia Basin and lands to the Cascade Crest will therefore serve to substantially restore and maintain the health of these populations, and maintain the health and integrity of the riparian ecosystems in the regions subject to this petition. No other terrestrial species with the habitat requirements of mountain quail is protected by ESA listing.

Submitted by:

Robert Kavanaugh and Katie Fite

CONTENTS

I. Petitioners. p. 3 II. Executive Summary. p. 4 III. Classification, Nomenclature, and Biology of Mountain Quail Subject to This Petition. p. 5 IV. Historical and Current Distribution in Areas of Concern. p. 12V. Summary of Documented Declines in Population and Range. p.24VI. Mountain Quail in the Northern and Western Great Basin and the Interior Columbia Basin and Lands Westward to the Cascade Crest Are a Distinct Population Segment of Oreortyx pictus and Qualify for Protection Under the ESA. p. 25VII. Mountain Quail Are Native Throughout This Range, and Qualify for Protection Under the ESA. p.31VIII. Evidence from ICBEMP and Other Sources Provides a Backdrop for Understanding Extraordinary Degree of Mountain Quail Habitat Loss In Arid Interior Lands Occupied By The DPS. p.37IX. Present and Threatened Destruction, Modification, or Curtailment of Habitat and Range.p. 41X. Overutilization for Commercial, Recreational, Scientific or Educational Purposes. p. 55XI. Disease or Predation. p.56XII. Predicted Downward Trend in Habitat Conditions and Links to Downward Trend in Mountain Quail Population Size and Range. p. 57XIII. Official Actions That Show the Situation Is Critical. p. 59XIV. Summary of Conservation Status of Mountain Quail in the northern and western Great Basin and Interior Columbia Basin and Lands to the Cascade Crest. p. 59XV. Inadequacy of Existing Regulations. p. 60XVI. Risk of Extinction of Populations. p. 63XVII. Other Natural or Manmade Factors Affecting Its Existence. p. 64XVIII. Official Actions That Show That the Situation Is Critical. p. 65XIX. Critical Habitat Designation Requested To Protect Mountain Quail in the Northern and Western Great Basin and Interior Columbia Basin and Lands to the Cascade Crest. p. 66XX. Conclusion. p. 67XXI. Summary. p. 67Literature Cited.Literature Submitted.Attachments.Personal Communication Sources.

I. PETITIONERS

Robert Kavanaugh is a Northwest citizen activist active in conservation, civil rights, and cultural resources issues. He is retired from a career in the U.S. Army and lives in Olympia.

Idaho Watersheds Project (IWP) is a tax-exempt, non-profit public interest organization with over 1000 members. IWP acts to raise public consciousness regarding the importance of our shared public lands, as well as the animals and plants that depend upon them. IWP has a particular interest in habitat protection for rare and declining species.

The Committee for Idaho’s High Desert (CIHD) is a non-profit, grassroots organization whose several hundred members have a long-standing interest in wild lands protection and the conservation of biodiversity in shrub-steppe ecosystems.

The Spokane Audubon Society is a conservation organization with nearly 2000 members interested in wildlife habitat and biodiversity in eastern Washington.

II. EXECUTIVE SUMMARY

The ESA as Amended through the 100th Congress, states “The term “endangered species means any species which is in danger of extinction throughout all or a significant portion of its range ...”.

Sec. 4 (a) 1. The Secretary shall by regulation promulgate in accordance with subsection (b) ... determine whether any species is an endangered species or a threatened species because of any of the following:

(A) the present or threatened destruction, modification, or curtailment of its habitat or range;(B) overutilization for commercial, recreational, scientific, or educational purposes;© disease or predation;(D) the inadequacy of existing regulatory mechanisms;(E) other natural or manmade factors affecting its continued existence.

The Secretary shall make determinations required by subsection (a)(1) solely on the basis of the best scientific and commercial data available to him after conducting a review of the species ...”. (B) In carrying out this section, the Secretary shall give consideration to species which have been: (ii) identified in danger of extinction, or likely to become so within the

foreseeable future, by any State agency ... The Secretary shall designate critical habitat.

Mountain quail in the northern and western Great Basin and the Interior Columbia Basin and lands westward to the Cascade Crest are a Distinct Population Segment of mountain quail that is threatened with extinction by the continued destruction and modification of its habitat. The Endangered Species Act authorizes the designation of a “distinct population segment” of a species as threatened when that segment is likely to become endangered within the foreseeable future. Under USFWS policy, three elements are considered in determining the designation of a distinct population segment as threatened:1) The discreteness of the population in relation to the remainder of the species, 2) The significance of the population segment, and 3) The conservation status of the population segment. See Policy Regarding the Recognition of Distinct Vertebrate Population Segments under the Endangered Species Act, 61 Fed. Reg. 4721 (Feb. 7, 1996) hereinafter “DPS Policy”.

Mountain quail in the northern and western Great Basin, Interior Columbia Basin and lands to the Cascade Crest, are of aesthetic, ecological, educational, historical, recreational, spiritual and scientific value to the American people. The ecosystem upon which mountain quail depend in this vast geographic area is dense and diverse patches of riparian vegetation interfacing with an arid shrub-steppe or dry forest landscape. This ecosystem has no protection. No other terrestrial species with the general habitat requirements of mountain quail is listed under the ESA. The purpose of the ESA is to provide a means whereby the ecosystems upon which endangered and threatened species depend may be conserved.

The Distinct Population Segment of mountain quail in the area subject to this petition is bound by ecological circumstances including harsh cold winters, long dry summers, and dependence on diverse, often-linear riparian habitats that interface with diverse native upland communities. These riparian habitats, constituting less than 2% of the arid western landscape, also serve as corridors for the unique altitudinal migration and dispersal. Habitat loss and fragmentation of riparian corridors and interfacing upland habitats has led to isolation and loss of connectivity between mountain quail populations in the northern and western Great Basin and the Interior Columbia Basin and lands to the Cascade Crest. The linear configuration of the riparian habitats to which these northern arid land quail are tied provides a unique ecological setting.

III. CLASSIFICATION, NOMENCLATURE, AND BIOLOGY OF MOUNTAIN QUAIL SUBJECT TO THIS PETITION

The mountain quail is the most northerly distributed quail in western America, breeds at the highest elevation, and is among the largest of New World quails (Odontophoridae). The sexes are monomorphic, yet both sexes have bright plumage color elaborations and plumage ornaments (Delehanty 1997 cites Pine 1981, Brennan and Block 1985). It is the only North American quail attributed with a migratory habit, making significant elevational migrations in portions of its geographic range. Some populations may be sedentary (Pope and Crawford 1998). Mountain quail habitat is characterized by tall, dense food-producing shrubs in close proximity to water, often in steep terrain (Brennan 1989) (Brennan 1991). Mountain quail are secretive and wary birds.

The Lewis and Clark Expedition collected the first scientific specimen of mountain quail near La Tourelle Falls on the Columbia river in Multnomah County, Oregon on April 1806, when returning East.

Species Range:

Mountain quail are endemic to the mountains of the western United States and Baja California Norte. They are Resident from northern Washington, northern Idaho south locally through Oregon, northwestern Nevada, California to Baja California Norte (Peterson 1961, Johnsgard 1973, Delehanty 1997).

Range Being Petitioned:

The range of Oreortyx pictus being petitioned includes: The northern and western Great Basin, and the Interior Columbia Basin (all historically occupied portions of Idaho, northern and western Nevada, eastern Oregon, and southeastern Washington), and lands westward to the Cascade Crest. See Attachment 1, Maps A and B. Map A provides historic distribution of mountain quail, with lands subject to this petition depicted.

Mountain quail range has dramatically contracted, with widespread extirpation of populations. It’s disappearance from the northern and eastern arid portions of its range (shrub-steppe and dry forests) indicate extensive loss of areal extent of riparian habitats, loss of woody vegetation associated with riparian habitats, loss of interfacing upland shrub habitats, and overall loss of plant species diversity and simplification of habitats. Arid interior mountain quail are physically separated from coastal forest and California populations by large expanses of human-altered, unsuitable habitat that are significant barriers to natural dispersal, and re-colonization. 80-90% of riparian habitats essential to mountain quail in arid interior lands have been

lost, and much of the remainder is fragmented and/or altered. Patterns of habitat loss and encroachment continue into 2000.

Mountain quail populations in humid coastal forests and portions of California are doing well, with broad areas of continuous habitat remaining (Vogel and Reese 1996 HCA). A clear difference in habitat distribution at the landscape level exists between this mountain quail habitat and arid interior habitat. In sharp contrast to California and western Oregon, quail in the arid interior lands are dependent on well-developed diverse riparian shrub communities (Brennan 1989). These vegetation communities occupy less than 2% of the landscape, are limited to linear drainages or hillside patches associated with springs and seeps. These habitats have been and continue to be greatly altered by human activities. In the northern and western Great Basin, Owyhee Uplands and southwestern Idaho, southeastern Oregon, and portions of southern Washington, mountain quail habitat consists of patches and corridors of riparian shrubs interfacing with sagebrush interspersed with grasses and forbs. In west-central Idaho, portions of northeastern Oregon, and lands in Oregon and Washington westward to the Cascade Crest, linear riparian corridors interface with dry forest environments or shrub communities.

Nomenclature/Classification:

The mountain quail Oreortyx pictus (Douglas 1829) is in the order Galliformes. Quails, partridges and pheasants are in the family Phasianidae. Oreortyx is from Greek, with “oros” mountain and “ortyx” quail (Johnsgard 1973), and pictus means painted. Vernacular names include codorniz de montana, mountain partridge, painted quail, plumed quail, San Pedro quail (Johnsgard 1973).

Quails and Old World partridges are scratching, chicken-like birds, usually smaller than grouse. Traditionally, 5 to 7 subspecies of mountain quail have been proposed, based on plumage and morphological characteristics.

Subspecies (listed in Johnsgard 1973) are as follows:

O .p. pictus (Douglas): Sierra mountain quail. Resident in mountain regions of extreme western Nevada west to the west side of the Cascade Range in southern Washington and south to the Sierra Nevada and inner Coast ranges of California.

O. p. palmeri Oberholser: Coast mountain quail. Resident from southwestern Washington south through western Oregon to northwestern San Luis Obispo County, California. Also in southern Vancouver Island, British Columbia.

O .p. confinis Anthony: San Pedro mountain quail. Resident in lower

California in the Sierra Juarez and Sierra San Pedro Martir.

O. p. eremophila van Rossem: Desert mountain quail. Resident in the mountains of southern and west central California in the Sierra Nevada south to Baja California and somewhat beyond in extreme southwestern Nevada.

O. p. russelli Miller: Pallid mountain quail. Resident in the Little San Bernardino Mountains in Riverside and San Bernardino counties, California.

Attachment 2 is a map showing geographic distribution of proposed subspecies, with portions of the geographic range included in the area subject to this petition marked as unknown, is provided and birds in the Snake River Basin considered O. p. palmeri, from Gutierrez (1980).

However, the genetic validity of these subspecies distinctions has not been adequately tested. Preliminary genetic data (Delehanty pers. comm. to Kavanaugh 1999) indicate no genetic differences exist between populations of mountain quail in western North America.

The evolutionary history of grouse and quail in North America dates back to the Oligocene. The present array of grouse and quails indigenous to North America north of Guatemala includes nine species of grouse and fifteen species of quails. The extant species of New World quails can be grouped by their relatively primitive or specialized characteristics. There appear to be two independent evolutionary lines in New World quails. These are easily derived on zoogeographical, anatomical, and ecological grounds. One such line gave rise to Philortyx, Oreortyx, Callipepla, and Colinus. Johnsgard (1973) describes Oreortyx as an “arid-adapted terrestrial” genus. Specialized and crested quail types are mostly seed-eating forms associated with open and often arid habitats.

The level of separation of New World quails from Old World partridges is somewhat difficult because of the problem of separating real phyletic affinities from convergent similarities between New World quail and Old World partridges. The 1910 edition of the A.O.U. Checklist listed them in familial separation (Odontophoridae). However, in current lists, New World quail are generally included in a subfamily of Phasianidae, as follows: Family Phasianidae (pheasant-like birds). Subfamily Odontophorinae. Genus Oreortyx, a monotypic genus (Johnsgard 1973).

IV. Descriptions of Mountain Quail and their Habitat

A. Physical Characteristics.

“Reuben Field killed a bird of the Quail kind ... which was whistleing near our

Camp ... “this is a most butifull bird”. William Clark, April 6, 1806. (Moulton 1991).

Mountain quail, also called the painted quail, are visually striking birds. Mountain quail have distinctive plumage patterns of bright side bars of white, chestnut and black below a brilliant slate-blue head and neck (Heekin et al. 1995). Mountain quail have a long slender straight head plume (composed of two feathers). The long slender head plume, a chestnut throat and chestnut and white side pattern are key field marks (Heekin et al. 1995). Birds are plain olive gray on back, wings and tail (Johnsgard 1973). Adults are 10.6 to 11.5 inches long (Johnsgard 1973). Sexes are similar (monomorphic).

Mountain quail are among the largest of New World quail (Delehanty 1997), with only Dendrortyx (tree quail) being larger (Johnsgard 1973). Vocalizations include a loud, mellow “to-wook” call, and rapid, tremulous whistling sounds uttered when alarmed (Peterson 1961). Johnsgard (1973) describes a loud, clear whistled “quee-ark” call in the spring.

B. Behavior.

Mountain quail in many areas are known to migrate altitudinally between lower elevation winter habitats and higher elevation summer nesting areas. Winter mortality during periods of heavy snow that covers food plants has been documented. Outside the nesting season mountain quail are found in small coveys around 11 birds in size (Johnsgard 1973).

Pair formation occurs in the spring. Quail pairs may rear two broods in one year, through simultaneous multi-clutching. Male mountain quail develop brood patches for incubation. Within the past five years, it has been discovered that females may lay two clutches, with the first clutch being incubated by the male, and the second incubated by the female (Delehanty 1997, Pope and Crawford 1989, Crawford and Pope 1999, Heekin field observations). This phenomenon is called “simultaneous multi-clutching”, and is typically associated with Old World monomorphic partridges in the genus Alectoris (Delehanty 1997).Well-concealed nests are laid on the ground. They are often located at the base of a shrub, under a log, or in a rock cleft (Harrison 1978), (Heekin et al. 1995). Average clutch size is 11 or 12 eggs (Heekin et al. 1995), or 9 to 10 eggs (Johnsgard 1973). Eggs are pinkish-buff, and unmarked (Harrison 1978). Incubation lasts from 24-25 days (Harrison 1978) to as long as 30 days (Crawford and Pope 1999). Chicks are precocial. Chicks require drinking water soon after hatching. Downy chicks are relatively larger than Callipepla or Colinus chicks (Johnsgard 1973). They are brooded and guarded by parents. Chicks do eat insects, but are reported to consume larger amounts of plant material than young galliforms of many other

species (Johnsgard 1973).

The sexes are monomorphic, yet both sexes have bright plumage color elaborations and plumage ornaments, including long black head plumes used in signaling to conspecifics (Delehanty 1997, citing Pine 1981, Brennan and Block 1985). Both sexes have a similar external appearance and share parental care behaviors. No single morphological characteristic consistently indicates gender (Delehanty 1997). It has been demonstrated that the repeated thymine-cytosine-cytosine DNA sequence can accurately indicate gender (Delehanty 1997).

Mountain quail exhibit a wide array of behavioral displays, some bearing striking similarities to Old World phasianid galliforms, especially the perdicine Alectoris partridge (Delehanty 1997). Mountain quail reproductive behavior is characterized by extensive sharing of the behavioral repertoire between sexes. Sexes of most species of galliforms are dimorphic --- males being larger than females, and possessing plumage and dermal elaborations. Most species are also polygynous. In contrast, mountain quail are monomorphic, and both sexes engage ritualistically in similar ritualized courtship displays (Delehanty 1997). A ritualistic social subordination display is performed by both sexes of the secretive, monomorphic mountain quail (Delehanty 1997).

It is the only North American quail attributed with a migratory habit, making significant elevational migrations in portions of its geographic range. It is the most northerly distributed quail in western North America, and breeds at the highest elevations (Johnsgard 1973), (Delehanty 1997). In comparison with California quail Callipepla californica, mountain quail are more herbivorous, more terrestrial, and occupy steeper, often rugged terrain. Mountain quail are secretive, and may be readily overlooked. Henshaw (1884) commented: “It seems nowhere to be an abundant species ... it is a wild, timid species haunting the dense chaparral thickets ... and rarely coming into the opening”. The behavior of simultaneous multi-clutching is rare among North American galliforms.

C. Habitat requirements.

In the eastern part of its range, mountain quail are associated with upland and mountain shrub and riparian habitats along creeks. This type of habitat is found within the sagebrush-grass, grassland, and open-forest vegetation types. The common characteristics of all these communities, however, is the presence of a canopy of medium height to tall shrub cover (4-15 feet tall and 25-50% coverage ) with a relatively sparse vegetated understory (up to 50% herbaceous cover). Within Idaho this type of habitat is associated with mature riparian and mountain shrub communities and early successional forest types (Sands et al.1998 CP).

In the open grassland or sagebrush habitats that dominate much of the Intermountain Region, well-developed riparian shrub communities are essential to mountain quail persistence. These communities usually occupy less than 2% of the landscape, and they are limited to linear drainages along creeks or to patches on hillsides where seeps and springs occur. Even where suitable forest cover types are available to mountain quail, the cover is normally only available during spring, summer, and fall. Winter snow accumulations often force the birds to drop below the forest zone into the open lower elevation lands where the limited riparian communities become essential for over-wintering. The linear riparian habitats also provide protected travel lanes for moving up and down the mountain as weather patterns dictate (Sands et al. 1998 CP).

In northern and eastern Nevada, available mountain quail habitat consists of sagebrush communities interspersed with grasses, forbs, and patches and corridors of riparian shrubs. Dominant species include sagebrush, bitterbrush, serviceberry, mountain mahogany, bluebunch wheatgrass, also aspen and Rocky Mountain juniper (Vogel and Reese 1996 HCA). Habitat in eastern Oregon and eastern Washington is steppe and shrub-steppe plant communities composed of bunchgrasses and cold desert shrubs (bitterbrush, sagebrush, bluebunch wheatgrass, fescues, and a variety of seasonal forbs (Vogel and Reese 1996 HCA). Masson and Mace (1970) wrote: “brushy draws and creek bottoms along foothills are favorite haunts east of the Cascades.” This description also corresponds to vegetation characteristics of Owyhee Uplands, Bennett Hills and other southwestern Idaho habitats recently occupied by mountain quail in southern Idaho.

On the Snake, Salmon, and Clearwater Rivers in Idaho and portions of northeastern Oregon, habitat is confined to vegetation corridors along breaks and secondary drainages. Mountain quail distribution is closely related to riparian shrub communities that may or may not have a forest canopy (Vogel and Reese 1996 HCA). In general, mountain quail inhabit thick brush in steep terrain, including streamside thickets, mixed evergreen forests, and shrub fields. Mountain quail may make altitudinal migrations between higher-elevation breeding and brood-rearing habitats and lower elevation wintering areas. In harsh winters, mountain quail descend to winter habitat - dense thickets of rose, hawthorn, currant, elderberry at lower elevations. They use densely vegetated draws and shrubby understory in Ponderosa pine forest. Most of the diet of adult birds is seeds, leaves, buds, berries, and root bulbs.

Mountain quail scratch to dig up root bulbs, and jump high to reach and nip seedheads, then retreat to eat beneath protective cover (Heekin et al.1995). Foods noted in a study by Ormiston (1966) cited in Robertson (1989) and Vogel (1994) include: chickweed, Microsteris, blue-eyed Mary, barley,

Lithophragma, thistle seeds. Ormiston (1966) found mountain quail habitat dominated by snowberry, rose, ninebark, serviceberry, syringa, hawthorn, chokecherry, ocean spray. Use of woody species for food increased as fall and winter set in. Yocum and Harris (1953) list smooth sumac fruits, and Edminster (1954) lists fruits, mast, legumes, weed seeds, tubers, and roots as foods. Vogel (1994) catalogues mountain quail food plants (Attachment 3). Greens are eaten in late winter and spring, and may influence reproductive physiology (Delehanty 1997). Crawford and Pope (1999) record extensive use of legume seeds (particularly Lotus spp.). Adults eat a diversity of seeds and fruits of shrubs. Mountain quail in the western portion of their range were found to consume an average of 3-5% animal matter, with the diet in early fall containing up to 10% insects (Edminster 1954). Young chicks eat insects and lush greens.

Brennan et al. (1987) found that mountain quail were consistently associated with tall, dense shrubs in close proximity to free water and escape cover. In the range of mountain quail subject to this petition, this means linear riparian habitats and sidehill springs and seeps. Large, well-developed shrubs produce more food (Brennan 1989). Shrubs provide food, shade, relief from thermal stress, escape cover (Brennan 1989), and in winter habitat provide food, cover, protection from weather (Reese et al. 1999). Mountain quail use steep slopes, and in some cases may prefer slopes that are 20% or steeper (Edminster 1954), (Gutierrez (1980). However, Brennan et al. (1987) felt that topography alone has little value as a component of mountain quail habitat, but rather a juxtaposition of elements (diverse well-developed shrubs, water) were key habitat components. Brennan and others stress the importance of cover plants also being species that produce seeds, berries and other foods eaten by mountain quail, i.e. non-willows. When pursued, mountain quail generally do not flush, but will run into thick shrub cover (Vogel and Reese 1995 SR).

Mountain quail fall and winter habitat use in west-central Idaho is characterized by diurnal use of grass/scattered shrub cover, and nocturnal use of grass/scattered shrub and conifer/shrub habitats (Reese et al. 1999). Mountain quail avoided willow riparian areas. Mountain quail covey use sites at lower elevations, had taller shrubs, less visual obstruction, less snow depth, greater vegetative canopy cover, smaller trees, and were closer to water than independent sites. Major shrub species were: black hawthorn, ninebark, serviceberry, syringa, currant, dogwood, curleaf mountain mahogany. Trees were: Water birch and juniper (exotic). Willow was virtually absent at covey use sites. Woody cover holds snow off the ground and provides protection from harsh weather and predators (IDFG Commission 1951 cited in Vogel and Reese 1995 SR).

Although some populations appear to be sedentary, many migrate to higher elevations to nest. There may be a learned or genetic component to

mountain quail migratory behavior. Translocated mountain quail released in Wallowa County moved similar distances and compass directions as did birds in the source population in Douglas County (Crawford and Pope 1999). 30 km. movements have been documented (Crawford and Pope 1999).

In California, mountain quail inhabit large expanses of continuous habitat, and are often associated with sagebrush, chaparral, oak woodland, and coastal and montane forests (Grinnell and Miller 1944, Miller and Stebbins 1964, Gutierrez 1975, Weathers 1983 cited in Reese and Vogel 1996 HCA). In contrast, mountain quail distribution in Idaho is related closely to riparian habitats that are narrow and linear. Brennan (1989) observed that willow-dominated communities provide unsuitable habitat. This was confirmed by Reese et al. (1999), who found that quail coveys avoided willows in winter.

Critical components of mountain quail habitat are tall dense shrubs in close proximity to water. These habitat components of riparian areas and adjacent uplands have been severely impacted by human activities including grazing, agriculture, water impoundments and other human-induced disturbance and alteration. Impacts and incremental attrition of mountain quail habitat is continuing, and will continue, unless federal protection is granted to mountain quail and strong concerted action at the landscape level is taken.

IV. HISTORICAL AND CURRENT DISTRIBUTION IN AREAS OF CONCERN. DOCUMENTED DECLINES.

Information below provides a state-by-state chronology of the long-term decline of mountain quail in arid interior lands subject to this petition. Maps of individual states provided in Attachment 4 depict historical and current distribution in Nevada, Idaho, Oregon, Washington and California.

Nevada

Historically, mountain quail were distributed in suitable habitat throughout the northern and western Great Basin of Nevada. Currently, they have been extirpated from nearly all portions of this range. See Map of Nevada, Attachment 4.

* Baird et al. (1874): Although settlers claimed mountain quail were introduced, Ridgway was informed by the oldest Indians at Pyramid Lake, it had always been found in the vicinity.

* Grinnell and Storer (1924) reported mountain quail common on both slopes of the Sierra Nevada in the 1920's.

* Linsdale (1936) listed historical sightings or collections from northwest of

Reno, Incline on Lake Tahoe, Virginia Mountains near Pyramid Lake, Carson City, Big Creek Ranch, Big and Alder Creeks of the Pine Forest mountains, Cat and Cottonwood Creeks on Mount Grant, Birch and Kingston Creeks of the Toiyabe Mountains, White Mountains, Trail Canyon, Mount Magruder, Little Log Spring in Esmeralda County, Granite Creek in Washoe County, Jackson Mountain in Humboldt County.

* By the 1950's, Gullion and Christensen (1957) reported the population in western Nevada to be sparse. In addition to Linsdale records, they note mountain quail occurrences in the Pine Forest, Virginia, Wassuk Ranges, Jackson, Pine Nut, Silver Peak, and White Mountains, Mount Moses in Lander County, and the East Fork of the Jarbidge River at Murphy Hot Springs in 1953.

* Alcorn (1988) termed mountain quail a sparse resident in western parts of the state, cited as Stiver pers. comm. to Alcorn 1986: “I suspect they are widely distributed; our most widely distributed native quail”.

* Brennan (1989) noted recent sightings in Santa Rosa and Osgood Mountains, and discussed extraordinary losses of riparian habitat during assessment of mountain quail habitat in historic range here.

*Vogel and Reese (1995) discussed Nevada BLM lands in the Habitat Conservation Strategy (HCS) for Mountain Quail in Idaho and Northern Nevada. Some Humboldt-Toiyabe National Forest and Elko District BLM lands in Nevada are included here. Wildfires, grazing, local grazing regulations, and harsh winters coupled with substandard habitats are identified as threats and factors affecting mountain quail in the Bruneau and Marys River drainages. Habitat improvement on 50 miles of riparian habitat is underway. Mountain quail were reintroduced to the upper Bruneau watershed in the 1990's. However, their persistence is doubtful.

* Delehanty (1997) discussed geographic range contractions of wild galliforms associated with land-use changes that significantly alter vegetational communities. Mountain quail populations have declined severely along the eastern front of their range, i.e. the northern and western Great Basin and adjoining areas to the north. Historically, mountain quail also occupied the isolated ranges of the northern Great Basin of Nevada, the zone of current extirpation. Most historic mountain quail populations in the northern Great Basin were extirpated during the twentieth century. Although reasons are poorly understood, the decline followed significant land-use changes, especially the onset of extensive grazing by introduced ungulates which altered distribution of other Great Basin animals (Berger and Weyhausen 1991).

* Stiver, in Source #308 cited in Vogel and Reese (1998), described

declining mountain quail populations and prospects for their restoration. Historical records indicate that mountain quail were distributed across a broad area east of the Sierra Cascade mountain ranges and west of the Rocky Mountains. Populations began to disappear in the driest environments soon after the permanent occupation of European settlers. Major declines in Nevada most likely began to occur after the Comstock deforestation of the Great Basin in the 1870s. Populations in more mesic sites persisted in Idaho, Oregon, Washington and parts of Nevada until the mid-1900s. During 1950s through the 1980s, a combination of factors caused mountain quail to nearly disappear from all their remnant habitats. Loss of overstory vegetation was caused by increase of fire, and the cheatgrass/fire disclimax, reservoir construction, and excessive livestock grazing on riparian systems.

Tsukamoto provides a map of mountain quail sightings he made between 1962 and 1994. Locations include the Jarbidge Mountains in Elko County, east and south of Battle Mountain in Lander County, west of Denio in Humboldt County and north of Gerlach in Washoe County. See Attachment 5, Map provided by Tsukamoto to Kavanaugh in 2000.

Stiver and Delehanty report mountain quail to be extirpated in northern Nevada, with the exception of a transplant site in the upper Bruneau watershed (shown on Nevada Map in Attachment 4). Mountain quail suffered severe losses from massive range fires in the isolated areas of central Nevada. These fires were followed by severe winters. The combination of habitat loss, adverse climate and the isolated nature of these populations led to the extinctions. Habitat losses were further compounded by the massive use of herbicide to kill sagebrush. These areas were then planted to crested wheatgrass or invaded by cheatgrass (Stiver pers. comm. to Kavanaugh 1999).

Idaho

Historically, mountain quail were found along the Snake River and its tributaries (including the lower sections of the Clearwater and Salmon Rivers) from Whitebird upstream to near Twin Falls, and south into the Owyhee Uplands. Currently, a population remains near Riggins-Pollock in west-central Idaho, and only occasional scattered sightings occur in other portions of the state, most recently in the Boise River drainage. See Map of Idaho in Attachment 4.

* Wyman (1912) noted a covey near Indian Creek, and in the Boise Bottoms, and found quail common in the Owyhee foothills, and fifty miles north of Nampa, extending to Twin Falls and Shoshone. Wyman replied to Anthony (1911,1912) who reported occurrence of quail near Vale, Oregon as a new event, by saying: mountain quail populations had “long been

established” in southwestern Idaho.

* Murray (1938) stated that: Enormous coveys of mountain quail were once found along the main course of the Snake River in the vicinity of Whitebird and extending south to the vicinity of Shoshone Falls in the Snake River Canyon to near Twin Falls. Mountain quail extended well back into the mountainous ranges and into the open valleys and plains. Mountain quail were once numerous along the Clearwater from Lewiston to Stites. Mountain quail have been reduced more than 50 percent in western Idaho by drouth and drastic changes in vegetative ground cover. Suitable food and cover have been reduced by more than 50% in volume and extent during the past 30 years.

* Arvey (1940) discussed the occurrence of mountain quail in transition zone habitat in Idaho.

* IDFG (1951). Mountain quail did occur along riparian areas in central and southwestern Idaho; however, numbers have been declining in Nez Perce and Latah counties since the 1930's.

* Ormiston (1966) found mountain quail inhabiting brushy draws along the breaks of the Snake, Salmon, Clearwater Rivers.

* Burleigh (1972) reported quail sightings in Latah, Idaho, Canyon and Owyhee counties. Mountain quail are locally common in suitable habitat in the western part of the state as far north as Latah County. Cites Wyman (1912) who reports mountain quail occurred as far east as Shoshone and Twin Falls, and equally common in the Owyhee foothills. In 1950, Burleigh found mountain quail common and well distributed in northern Owyhee County. He described mountain quail as a bird of mountain slopes, occurring in thickets and stretches of underbrush where it is inconspicuous. In parts of its range where ridges are covered with snow, mountain quail have an altitudinal migration. At the western edge of state, where winters are mild, birds are resident wherever they are found.

* Idaho Department of Fish and Game (IDFG) (1978) highlighted problems in mountain quail management including riparian habitat destruction, plus noted the lack of research into interspecific competition with other birds.

* Wilson (1979) noted that mountain quail are not common, but occur in northern and southwestern Idaho. They are classified as a sensitive species by BLM, but are considered a game bird by IDFG.

* Trueblood (1979), as Associate Editor of Field and Stream, wrote a popular article on mountain quail: “For as long as I can remember, mountain quail have had their ups and downs ... in 1948 we had quail running out of

our ears ... there were no valley quail or chukar in my hunting country then. Again in 1958 there were thousands of mountain quail. The exotic chukars and valley quail hit their first peak that year ... there was a big die-off in the winter of 1958-1959 and they were all very, very scarce. The chukars and valley quail made a good comeback by 1964 and mountain quail were reasonably plentiful. Since that time, however, numbers have dwindled steadily ...”.

* IDFG (1980) recommended a reduced possession limit of no more than 2 mountain quail.

* Morache et al. (1985) listed mountain quail in the Upland Game Plan as a species with restricted range, specific habitat requirements, or low numbers that make it vulnerable to elimination from the state. “This classification may be used as a basis for preparing, in conjunction with other state and federal wildlife agencies, a state list of Threatened and Endangered species.”

* Robertson (1989) conducted a statewide survey of mountain quail, and commented: “the current status of mountain quail in Idaho does not appear promising”. Between 1952 and 1982, records were kept on incidental brood sightings and the checked harvest in Region 3 [SW Idaho]. Both show drastic declines in the number of mountain quail. “It appears that a major occurrence may have drastically reduced numbers in the late 60's-early 70's. All the data seem to indicate that the population is at a very low level”. Brood sightings, checked harvest (including recent illegal kills), and reports of sightings by IDFG personnel have all decreased. Only 2 areas in the state were identified where sufficient numbers existed for a graduate student project on mountain quail (Salmon River south of Cottonwood, Little Salmon River at Pollock).

* Brennan (1989) undertook a landscape-level qualitative assessment of mountain quail habitats in Idaho, northern Nevada, and eastern Oregon. This is discussed extensively below under ///). Brennan conducted a quantitative assessment of selected Idaho habitats (described under HSI Model below). Dams and impoundments, agriculture and grazing have reduced habitat for mountain quail. Remaining island populations are subject to extinction. Note: Though coarse, this is the only broad landscape-level assessment of mountain quail habitat based on field observations and measurements of habitat parameters in this large geographic area.

* Robertson (1990) surveyed mountain quail in the lower Salmon River to determine drainages where sufficient mountain quail still existed to be the subject of a graduate student project. Quail were found in: Lockwood, Big Canyon, Cow, Gregory, Howard, John Day, Kessler, Poe, Rattlesnake, Rice,

Shingle, Sotin Creeks and Rapid River. Probable occurrences in: Big Canyon, Deer, Denny. Elfers, Elkhorn, Grave, Hammer, Hat, Papoose, Race, Squaw Creeks and Cross-O Ranch.

* In Moseley and Groves (1990), IDFG listed mountain quail as a Species of Concern, Category A - Priority species. Species of Special Concern are defined as “native species which are either low in numbers, limited in distribution, or have suffered significant habitat losses.” Category A species are those “which meet one or more of the criteria above and for which Idaho presently contains or formerly constituted a significant portion of their range (i.e., priority species).” BLM considers mountain quail a Sensitive Species. “ those species that are: 1) Under status review by USFS/NMFS; or 2) whose numbers are declining so rapidly that federal listing may be necessary; or 3) with typically small and widely dispersed populations; or 4) those inhabiting ecological refugia or other specialized or unique habitats.” USFS classifies mountain quail as a Sensitive Species in Region 4 Forests in Idaho. “Species identified by the Regional Forester for which population viability is a concern as evidenced by significant current or predicted downward trends in population numbers or density or significant current or predicted downward trends in habitat capability that would reduce a species’ existing distribution.” G5/SE?: Demonstrably secure throughout its range, though it may be quite rare in parts of its range, especially at the periphery.

* Brennan (1991) presented results of a test of a mountain quail Habitat Suitability Index (HSI) model measuring 5 habitat variables at sites in Idaho, Washington, Oregon, and Nevada. Sites were chosen because they represented the extreme northeastern part of the mountain quail geographic range, where populations have been declining for years. Test sites represent remnant areas of habitat, are a mosaic of steppe, shrubs, and forest. Sites had short distance to water and escape cover, and tall, dense shrubs. The HSI model, developed in California, assumes that structural aspects of habitat are correlated with the availablity of food resources. This was a reasonable assumption in Imnaha River, southeast Washington, and Salmon River regions, but was not true for Syrup Creek in southwestern Idaho. Brennan suggested the model should be constrained to percent shrub cover values of only food-producing species (non-willow species), since willows do not produce food for mountain quail.

* USDI/BLM (1991) included mountain quail as a Special Feature of the Jacks Creek Wilderness Study Area. BLM criteria in developing wilderness recommendations in the Idaho Wilderness Study Report included Naturalness, Solitude, Primitive and Unconfined Recreation and Special Features. “Mountain quail is another sensitive species found in the canyons of the Big Jacks Creek WSA. Little is known about these native quail except that their population numbers have dramatically declined since the

1950's”.

* Ogden (1991) inventoried historic mountain quail habitats in southwest Idaho, including Duncan, Cottonwood, Shoofly, Babbington/Alkali, Custer, Indian, Wildhorse, Bennett, Little Canyon, King Hill, and Sturgill Creeks and Halfway Gulch. Mountain quail were found only on USFS lands in the Middle Fork Boise River drainage.

* Heekin (1991) discussed mountain quail numbers in Idaho that have been declining over the past several decades and noted that habitat in California is different from Idaho habitat.

* USDI/USFWS (1991) published a candidate review for listing as threatened and endangered species. Mountain quail are considered a Category 2 species in Region 1.

* Heekin et al. (1992) noted that mountain quail were included on the USFWS list of “Wildlife Species of Concern in Idaho” in Boccard (1980).

* Hemker et al. (1992) stated mountain quail distribution in Idaho has declined by over 90%. Hunting season was closed on this once common species in 1984, after harvest dropped by about 96% from the 1950's to 1970's.

* Moseley and Groves (1992) listed mountain quail as a Category A - Priority Species in Idaho. USFWS classifies mountain quail as a C2 candidate species. C2 species are “Taxa for which information now in the possession of the U.S. Fish and Wildlife Service indicates that proposing to list as endangered or threatened is possibly appropriate, but for which conclusive data on biological vulnerability and threat are not currently available to support proposed rules. Further biological research and field study may be needed to ascertain the status of taxa in this category.” * Heekin et al. (1993) discussed mountain quail numbers in Idaho as declining over the past several decades.

* Lawren (1993) explained that mountain quail are disappearing in Idaho. Dams and cattle grazing have destroyed river and creekside brush. In Northwest forests, logging has created new habitat.

* Conservation Data Center (1994) listed mountain quail with rare, threatened and endangered plants and animals of Idaho. Heritage rank: G4/S2. This ranking means that throughout its range, a species is “not rare and apparently secure, but with cause for long term concern (usually more than 100 occurrences). S2 within the state of Idaho “is imperiled because of rarity or because other factors demonstrably make it vulnerable to extinction.”

* Brennan (1994) discussed broad-scale population declines in four species of North American quail. Hunter surveys and bag returns indicate that mountain quail populations have experienced a series of local extinctions across broad areas (several thousand km2) in Idaho and Nevada. For mountain quail in Idaho and Nevada, regional extinctions are linked to two factors: 1) Extensive agriculture and associated dams along the Snake River corridor; 2) Cattle grazing disruption of key habitat resources along secondary riparian corridors.

* Vogel (1994) surveyed Brownlee (now Andrus) Wildlife Management Area. Historically, mountain quail were found in narrow, brushy riparian draws throughout the management area, but local populations have followed the steady decline experienced statewide. A primary concern is that development of Brownlee Reservoir, an impoundment of the Snake River, flooded critical winter habitat for mountain quail when it was filled in the 1950s.

* USDI USFWS (1994) listed mountain quail as a Category 3C species in Region 1, with population trend “not applicable”, and a species “proven to be more abundant or widespread than previously believed and/or those not subject to any identifiable threat”. If further research or changes in habitat conditions indicate a significant decline, a species may be reevaluated.

* Cassirer (1995) conducted a mountain quail inventory of Craig Mountain, and found quail in Eagle Creek and China Creek.

* Heekin and Reese (1995) stated that for the past several decades, mountain quail populations have been declining throughout the Intermountain Region of the US. Managers have become concerned about the possibility of extirpation. Mountain quail exhibit secretive behavior, exist in low densities, and occur in isolated patches of dense cover in steep terrain. * Heekin et al. (1995) describe research project in west-central Idaho, and discuss falling mountain quail numbers. “Clean” agriculture, stream channelization, residential development, livestock overgrazing, and water habitats have destroyed or degraded Idaho’s mountain quail habitat. They conclude that habitat quality and quantity must be improved.

* Vogel and Reese (1995) prepared a Draft Mountain Quail Status Report. “Mountain quail were historically found throughout the western US in Washington, Oregon, western and central Idaho, throughout the mountains of California, and throughout northern and western Nevada. During the past decade, mountain quail populations have been shrinking throughout their range except in California and western Oregon.”

* Vogel and Reese (1995) prepared a Draft Habitat Conservation Assessment (HCA) for Mountain Quail. “During the past several decades, mountain quail numbers have declined and their distribution has been shrinking throughout the United States except in California and western Oregon. A Conservation Strategy specific to Idaho and Nevada, could also be applied to California, Oregon, Washington.”

* Vogel and Reese (1995) prepared a Draft Habitat Conservation Strategy (HCS) for Mountain Quail in Idaho and Northern Nevada. Actions were proposed to: 1) Increase abundance and distribution of mountain quail. 2) Remove or lessen existing potential threats. 3) Identify and protect existing habitat, enhance degraded habitat, increase the distribution of habitat to enhance population viability throughout their range. 4) Identify, protect and enhance habitats that link existing and future populations at the landscape level.

The HCS identified numerous specific problems and threats in mountain quail habitats in Idaho. Problems and threats identified include: overgrazing, residential development, noxious weeds, recreational use, logging, domestic pet predation, road development, closed canopy forests. Willow riparian communities are unsuitable habitat, because they do not produce food. The HCS recommended purchase of the Wilson property in the Riggins-Pollock area, as the site: “supports a current population of mountain quail and excellent habitat from upper elevation breeding range to lower elevation winter range ... Development of this tract of land will destroy habitat and threatens mountain quail in this area”.

* Vogel and Reese (1996) prepared another Draft of the HCA in May 1996.

* Klott (1996) heard mountain quail in the Black Rock Pocket of the Bruneau River in a 1994 inventory. BLM identified “heavy grazing of riparian areas and habitat fragmentation” as threats to mountain quail here.

* Sands et al. (1998) prepared an Idaho Mountain Quail Conservation Plan (still a Draft, as are other conservation planning documents, pending resolution of controversial proposed takeover of ESA issues by the Idaho Governor’s office). “Idaho mountain quail have been declining for decades. They now occupy only a fraction of their former distribution in western Idaho. The remaining largest populations are in west-central Idaho near Riggins, but the long-term persistence of even these populations is uncertain”.

* Vogel and Reese (1998) prepared an Annotated Bibliography of mountain quail references, a source for information for some references used in this Petition.

* Reese et al. (1999) investigated mountain quail winter habitat use. The authors state that mountain quail current distribution in Idaho is greatly reduced from its historical distribution.

Mountain quail are still found in Idaho, but they are now rare. (Howard and Hemker pers. comm. 1999). Reese states that mountain quail have been declining over the past several decades. Recent sightings have occurred in the Boise River watershed. (Hemker pers. comm. to Fite 2000). Although McClain (Shoshone BLM) reports no recent mountain quail sightings in the Bennett Hills, Parrish (IDFG) reports anecdotal evidence of recent sightings of mountain quail in the Bennett Hills by reliable sources (McClain pers. comm. Fite 2000), (Parrish, pers comm. Fite 2000).

Idaho mountain quail populations have been declining for at least 40 years. Both hunter harvest and brood observations contained in Sands et al. 1998 provide evidence of this decline. IDFG mountain quail harvest data from the Walter’s Ferry check station in Owyhee County shows the dramatic decline. From around 50 birds being harvested in the early 1950's, quail harvest dropped to zero in the early 70's with a few birds being taken again in 1977. Brood observations of mountain quail from IDFG brood sighting books mirror the harvest data. See Charts of harvest and brood observations in Attachment 6. Trueblood’s 1979 observations paint the same picture.

Despite a long history in Idaho of agency concern for declining populations, and numerous reports, studies, plans and promises, extirpation of mountain quail populations has continued unabated. IDFG brood sighting books and check station data in southwestern Idaho vividly show the decline and disappearance of mountain quail from the canyonlands of southwestern Idaho. Mountain quail currently exist in only low densities. Mountain quail distribution and populations in Idaho have continued to decline to the point where the long-term persistence of even the strongest population near Riggins-Pollock in west-central Idaho is doubtful.

Oregon

Historically, mountain quail were found in every county in Oregon. In 2000, they are now apparently extirpated from Malheur, Baker, Harney Counties and others. Populations are largely isolated and scattered in lands east of the Cascade Crest. See Map of Oregon in Attachment 4.

* Anthony (1912) noted mountain quail above Vale, along Bully Creek in Malheur County, as well as Willow Creek, the Burnt River Mountains, and several tributaries of the Malheur River.

* Willett (1919) reported mountain quail along streams in the Warner

Valley.

* Hebard (1949) observed mountain quail in the Goose Lake Valley of central Oregon.

* Gabrielson and Jewett (1940) discussed distribution and habitat of mountain quail. Historically, Oreortyx pictus pictus occurred in every county in Oregon.

* Masson and Mace (1970) reported that mountain quail are found in nearly every County in Oregon, with the best populations located in the coast and Cascade Ranges and Malheur, Baker, and Wallowa Counties in eastern Oregon. Elsewhere, scattered coveys are present. Western Oregon habitats: brushy foothills, cut-over areas, clearing edges, and burns. Eastern Oregon habitats: brushy draws and creek bottoms along foothills.

* Islam (1989) stated that mountain quail have contracted in portions of their range in eastern and northern parts of their distribution.

* Pope and Crawford (1998) observed that mountain quail populations have declined across the eastern part of their range in the Pacific Northwest. Historically, mountain quail occurred in every county in Oregon (Gabrielson and Jewett 1940). However, current estimates (Pope 1995 unpub. data) suggest that mountain quail are rare or extirpated in central and southeastern Oregon and present in low numbers in northeastern Oregon. An ongoing study will reintroduce mountain quail to areas where they were extirpated (NE Oregon), and may evaluate intra-species interactions. These researchers found that a pair of radio-collared birds incubated separate nests. A female quail laid 26 eggs in 2 nests. Pope and Crawford cite Heekin (pers. comm.) who also observed that female mountain quail laid clutches in 2 separate nests (simultaneous multi-clutching). Mountain quail incubation length was reported to be 23-25 days, but here was observed to be > 30 days. Pope and Crawford found a female mountain quail may produce up to 28 eggs (150% of her body weight) in two nests during a single nesting period. Incubation periods are long. This study was prompted by the recent decline of mountain quail in the Intermountain region of the Pacific Northwest.

* Crawford and Pope (1999) found that 25 of 56 nests of radio-collared mountain quail were incubated by males, 29 of 56 by females, 2 by birds of unknown gender. Resident birds in Douglas County displayed 2 strategies for breeding site selection. Many birds moved substantial distances (3-30 km) to nest sites whereas other birds remained within winter ranges to nest. The birds that traveled long distances to nesting areas moved across many kilometers of habitat similar to areas occupied by mountain quail. These movements and persistence in returning to previous nest areas suggests

that some mountain quail have strong site fidelity and may be returning to natal areas. Legumes of the genus Lotus were found in 58% of crops sampled in the fall. The researchers stated: “Mountain quail are rare or extirpated in central and southeastern Oregon.”

* Pope describes mountain quail as having declined to a significant degree across the eastern portion of its range in Oregon (Pope pers. comm.1999) Herman states that they are absent through much of their former range (Herman pers. comm. 1999). Crawford reports small highly isolated coveys in central Oregon as does Ferry (Crawford pers. comm. 1999, Ferry pers. comm. 1999). Ferry reports isolated sightings in a similar situation in Jefferson, Deschutes, Wheeler, and Grant Counties ( Ferry pers. comm. 1999). Henjum pers. comm. (1999) relays that the mountain quail population in Wallowa County is still viable. This is the population presently being studied by Pope and Crawford to validate the HSI model, to determine life history strategies, and reintroduce mountain quail in areas of northeastern Oregon (Pope pers. comm. 1999).

Elsewhere in Oregon, mountain quail are viable in the western segment of the state and present in low numbers in central Oregon along both sides of the Cascade Range (Black pers. comm. 1999). Good populations are found in Douglas County. The hunting season is closed in eastern Oregon, but open in the fall in western Oregon and Hood River and Wasco Counties, even though few birds are still available.

The situation in central Oregon remains bleak for mountain quail. Ferry reports small isolated populations scattered over wide areas with large areas of unoccupied but suitable habitat (Ferry pers. comm. 1999). A few small coveys persist around Billy Clapp Reservoir on the Deschutes River on the Warm Springs Indian Reservation. Another location where mountain quail may also be found is in the upper Tygh Valley in Wasco County (ODFW pers. comm. 1999). Moving east into the John Day River Basin, small coveys of mountain quail have recently been observed near Mitchell (Crafton, Quail Unlimited pers. comm. 1999). To the south, on Maury Mountain in the Ochoco National Forest, several coveys were found during the fall of 1999 (Dorsey, Corps of Engineers pers. comm.1999). Along the Oregon-California state line near Lakeview, Oregon, ODFW staff observed one small covey of mountain quail intermixed with California quail (ODFW pers. comm. 1999).

ODFW attempted to reintroduce mountain quail into the Hart Mountain National Antelope Refuge in 1998. Birds were trapped in Douglas County, and monitored upon release at Hart Mountain. None of the released birds are known to have survived a large range fire that swept through this area (ODFW pers. comm. 1999). This demonstrates the fatal impact of large fires on island populations of mountain quail.

Further to the southeast, within the Steens and other desert ranges, no mountain quail sightings are recorded in recent years (Herman pers. comm. 1999).

While the central Oregon population has widely scattered island populations, Crawford feels that these populations are so widely separated from other coveys by disconnected riparian corridors that there is little chance for their long-term survival without additional habitat protection (Crawford pers. comm. 1999). Unfortunately, ODFW has been unable to accomplish meaningful mountain quail habitat protection or enhancement in central Oregon (Ferry pers. comm. 1999). Therefore, the area east of the crest of the Cascades including the Deschutes, John Day, upper Klamath Basin, and the desert ranges east to the Snake River Basin are all experiencing serious declines in mountain quail populations.

Washington

Historically, mountain quail were found in the Snake River Basin and south central Washington. Now, the only recent sighting in eastern and central Washington is on Deer Creek, a tributary of the Grande Ronde River. 1993 surveys found small isolated coveys on both sides of the Cascades, but quail were nowhere abundant. Suitable habitat links between geographic areas have been eliminated. See Map of Washington in Attachment 4.

* Dawson and Bowles (1909) discussed mountain quail as a non-native species.

* Taylor (1923) stated that mountain quail are not native in southwest Washington, and that the . Columbia River is their northern limit.

* Jewett et. al (1953) discussed whether mountain quail are indigenous to Washington.

* Yocum and Harris (1953) stated: “Some ornithologists believe mountain quail were indigenous in the Blue Mountains of southeastern Washington; others state that this species was introduced. Actually both situations may have been true. Severe winters decrease populations considerably. * Hudson and Yocum (1954) provided a distribution list of the birds of southeastern Washington, including mountain quail.

* Larrison and Sonnenberg (1968) discussed mountain quail distribution in Washington, including the Snake River Breaks area.

* Weber and Larrison (1977) commented: “Whether the mountain quail is indigenous to Washington is in doubt, since it has been released in various parts of the state. However, it is native to Oregon, including the

northeastern counties, and the authors believe that a natural extension of its range would be into suitable habitat in southeastern Washington”.

* Larrison (1981) classified mountain quail as an irregular resident in reduced numbers from northern Washington and northern Idaho (south from Clearwater River) southward, and introduced into Vancouver Island.

* Brennan (1989) noted recent sightings of mountain quail at Wooten Wildlife Management Area in southeastern Washington.

* Kessler (1990 cited in Vogel and Reese 1995 SR) stated that mountain quail had a scattered distribution in Puget Sound, was uncommon in Kitsap and Mason Counties and was an irregular resident of western[?] Washington and Idaho, being more numerous in Oregon and Nevada.

* Washington Division of Wildlife (1993) cited in Vogel and Reese 1995 SR surveyed mountain quail habitats, and found that populations east of the Cascades have “drastically declined in recent years”. Prior to 1983, regular sightings were reported for mountain quail in eastern Washington but the number of sightings has decreased and few reports have been confirmed since 1988.

Ware (pers. comm. 1999) reports that the mountain quail are probably extinct in areas surveyed. Surveys completed in 1993 found no mountain quail in areas surveyed that had previously held viable hunted populations, discussed by Yocum (1953), and Robinson and Ward (1993). Mountain quail are now extirpated in Southeastern Washington with the possible exception of one or two coveys on Deer Creek, a tributary of the Grand Ronde River (Holland pers. comm. 1999). Smith observed mountain quail on Deer Creek in 1998, and collected one for mounting purposes (Smith pers. comm. 1999).

Small viable populations of mountain quail are still found in western Washington. However, they are not common. The surveys conducted by WDFW in 1993 found small isolated coveys along both sides of the Cascade Range but mountain quail were nowhere abundant. They may now be extirpated in Klickitat County in southcentral Washington as well (Ware pers. comm. 1999). Suitable habitat links between the Cascade population and the Snake River Basin have been eliminated, due to vast distances of open lands and intensively farmed agricultural lands.

The mountain quail still found in central Washington are probably O. p. palmeri, the same subspecies found south of the Columbia River in Hood River and Wasco County (Gutierrez 1980 map). The range of the mountain quail is known to have extended into British Columbia along the west side of the Cascade Range, where they are still present.

In California, mountain quail have retreated from arid fringes of formerly occupied range, primarily in the eastern part of the state in areas in contact with the lands subject to this petition. They also have been reduced in low elevation areas surrounding human-altered landscapes. See Map of California in Attachment 4.

V. SUMMARY OF DOCUMENTED DECLINES IN MOUNTAIN QUAIL POPULATION AND RANGE

As discussed above, in Idaho, Nevada, Oregon, and Washington, the number of mountain quail populations has dramatically declined. Plus, the dispersion of populations of mountain quail across the arid interior landscape has markedly contracted. See map of Current and Possible Idaho mountain quail populations in Attachment 7 (from Sands et al. 1998). The literature provides no real estimate of the extent of decline in total numbers of birds in various geographic areas.

In Idaho, Murray (1938) described enormous coveys of quail mountain quail found along the main course of the Salmon River near Whitebird, and extending south to the vicinity of Shoshone Falls near Twin Falls. In 2000, mountain quail now appear to be restricted to a remnant population centered near Riggins, and occasional sightings in the Boise River watershed. Mountain quail now appear to be entirely extirpated from the Owyhee Mountains, where Burleigh in 1950 found them “common and well-distributed” and where IDFG brood books and hunter harvest data document a long-term decline from the 1950's to the 1970's, absent from the impounded portions of the Snake River Canyon, and may be extirpated from the Bennett Hills-King Hill Creek area (although Parrish reports continued sightings). See Maps of Shrinking Idaho Mountain Quail Habitat in Attachment 7.

In Nevada, from being “distributed across a broad area east of the Sierra Cascade mountain ranges and west of the Rocky Mountains in the northern Great Basin”, mountain quail have “nearly disappeared from all remnant habitats” in the northern and western Great Basin (Stiver in Reese and Vogel 1998).

In Oregon, Gabrielson and Jewett (1940) found mountain quail in every County in Oregon, and Masson and Mace (1970) stated they were found in nearly every county, with the best populations located along the coast and Cascade Ranges, and Malheur, Baker, and Wallowa Counties. Populations of mountain quail in Malheur, Baker, Harney County may now be extirpated, populations reduced in portions of Wallowa County, and populations have dwindled to isolated sightings in Jefferson, Deschutes, Wheeler and Grant Counties (Crawford and Pope 1999), (Pope, Herman, Ferry, Henjum, ODFW,

Dorsey pers. comm. 1999). Mountain quail are present in low numbers on the east side of the Cascades to the Cascade Crest (Black, Smith pers. comm. 1999). Masson and Mace’s (1970) description of mountain quail occurrence as widespread in Oregon in 1970 may parallel events in southern Idaho. Until the late 1960's, mountain quail broods were observed in southwestern Idaho, and hunters harvested mountain quail. In the 1970's both brood sightings and bird harvest ceased.

In Washington, regular sightings occurred prior to 1983, but few reports have been confirmed since 1988. Mountain quail may be extirpated from the Blue Mountains and southcentral Washington. Suitable habitat links between Cascade and Snake River Basin populations have been eliminated. One or two small coveys may persist on Deer Creek on the Grande Ronde (Holland, Smith pers. comm. 1999).

VI. MOUNTAIN QUAIL IN THE NORTHERN AND WESTERN GREAT BASIN AND INTERIOR COLUMBIA BASIN AND LANDS WESTWARD TO THE CASCADE CREST ARE A DISTINCT POPULATION SEGMENT OF Oreortyx pictus THAT QUALIFY FOR ESA PROTECTION

A. Ecological and Geographic Discreteness

Under USFWS guidelines, a population segment is discrete if it satisfies one of two conditions:

* It is markedly separate from other populations of the same taxon as a consequence of physical, physiological, ecological, or behavior factors. Quantitative measures of genetic or morphological discontinuity may provide evidence of this separation. * It is delimited by international government boundaries within which differences in control or exploitation, management of habitat, conservation status, or regulatory mechanisms exist that are significant in light of section 4(a)(1)(D) of the Act. DPS Policy, Fed. Reg. At 4725. 1. Ecological Factors That Make Mountain Quail in the Lands Subject to This Petition Discrete.

a. Mountain quail dependence on riparian habitats that occur in a linear configuration in the landscape shows strong ecological discreteness.

At the macrohabitat scale, mountain quail inhabit entirely different types of plant communities, with different configurations on the landscape, in the eastern segments of their range compared to mountain quail in western segments (Brennan 1989), (Vogel and Reese 1995 SR), (Heekin et al. 1995), (Vogel and Reese 1996 HCA) . In western portions, mountain quail are found

in continuous hardwood, hardwood-coniferous, and coniferous-chaparral vegetation communities with a shrub understory (Johnsgard 1973). A mixed evergreen forest is the primary habitat, with chaparral the second most important habitat (Vogel and Reese 1995 SR). Table 4, included as Attachment 8, from Johnsgard (1973) catalogues the “Ecological Distribution of North American Grouse and Quail”. Mountain quail are listed as the North American quail species representative of hardwood, hardwood-coniferous, northern deciduous, and evergreen chaparral vegetation. Riparian habitats, critical to mountain quail in the vast geographic area subject to this petition, are not listed here as mountain quail habitats.

Macrohabitats of mountain quail in the eastern portion of their range are markedly separate and differ greatly from those inhabited in western portions. Mountain quail in eastern portions of their range are tied to linear riparian habitats (Brennan 1989), (Vogel and Reese 1995 SR), Heekin et al. 1995), (Vogel and Reese 1996 HCA), (Quigley and Arbelbide 1997, p. 607). There are sharp ecological differences between mountain quail habitats in eastern and western portions of the range. See also Discussion below under Ecological Uniqueness.

b. Mountain quail are subject to physical factors in the environment that also contribute to, as well as provide, a discrete ecological setting.

Mountain quail in the lands subject to this petition are subject to cold, harsh winters where snow may accumulate at even the lowest elevation habitats available. Cold winters are coupled with hot, dry summers. Drought is frequent.

Ecological constraints imposed by the linear configuration of habitats coupled with the harsh physical environment also interact cumulatively to provide an ecologically discrete setting for mountain quail. This is a markedly separate environment from that experienced by mountain quail in the western portions of their range.

2. Geographic Factors That Make Mountain Quail in the Lands Subject to this Petition Discrete.

Mountain quail in the area subject to this petition are separated from mountain quail populations in California and coastal areas by large expanses of highly fragmented, unsuitable habitat. They now occur only as disjunct, island populations in remnant habitats (Brennan 1989) (Pope pers. comm. 1999). Populations exist only in low densities. These island populations may be isolated from one another. See Attachment 7 Map of Current and Possible Idaho mountain quail populations, for example.

They may also be geographically isolated and separated from mountain

quail in coastal and California populations that inhabit broad continuous bands of habitat. Ridges of the Cascade Mountains may serve as barriers to movement from East to West, since riparian corridors do not connect between the Interior Columbia Basin and coastal drainages (the Columbia River is the exception). In Nevada, large expanses of human-altered arid lands now exist between suitable habitats.

Mountain quail in the arid lands covered by this petition may now be almost entirely cut off from genetic exchange with mountain quail in the very different climatic regime and habitat configuration of California and coastal Oregon mountain quail, thus forming a DPS.

These arid lands mountain quail today do not exist in a single contiguous demographic population. Instead, they are highly fragmented into numerous small populations. These small populations are sufficiently isolated that demographic stochasticity will cause widespread extinction without migration among these groups, although they from a single meta-population with respect to evolutionary divergence. These island populations are ecologically and geographically discrete, and are widely separated from mountain quail in continuous habitats.

For example, recent mountain quail sightings in the Boise River drainage are separated by distances of 80 air miles from the Riggins-Pollock area. Low elevation habitat along major river corridors connecting these populations is highly fragmented and altered by human settlement, dams, and land use practices.

If small populations are not linked they may become extinct. Although it is possible that there may be some degree of genetic interchange between some remnant populations of mountain quail, evidence is highly suggestive that current degraded and unsuitable habitat conditions largely preclude genetic interchange in the vast geographic area of the northern and western Great Basin, interior Columbia Basin, and lands to the Cascade Crest.

Migration and dispersal corridors between remnant islands of suitable habitat in the area subject to this petition have been greatly fragmented, and eliminated. Physical habitat barriers to dispersal and habitat discontinuities include great expanses of agricultural cropland, intensively grazed riparian and upland habitats, residential development, roads and large expanses of cheatgrass and/or highly degraded shrub-steppe plant communities.

Mountain quail within this vast geographic area are isolated from California and humid forest populations. Mountain quail within the area subject to this petition are now isolated, and therefore discrete.

B. Significance of the Population Segment

Petitioners contend that mountain quail in the northern and western Great Basin and the Interior Columbia Basin and lands to the Cascade Crest are significant to the species Oreortyx pictus for the following reasons:

1. Persistence of the discrete population segment in a unique ecological setting.

Mountain quail in the northern and western Great Basin and Interior Columbia Basin and lands to the Cascade Crest persist in an ecological setting unusual and unique for the taxon. They are biologically and ecologically significant.

A) Here, mountain quail live in harsh high desert and arid forest environments with large diurnal fluctuations in temperature. Hot, dry summers are coupled with cold winters with snow at higher elevations. Drought is common. In harsh winters, snow accumulates in even the lowest elevation winter habitats available to mountain quail. A combination of snow coupled with low winter temperatures in these arid lands pose unique environmental stresses to mountain quail.

B) Suitable year-round habitat is restricted to dense diverse shrub thickets associated with riparian corridors, in sharp contrast to California and coastal areas where mountain quail inhabit broad swaths of continuous habitat such as chaparral. These arid interior land habitat corridors are primarily linear in nature, not widespread across the landscape. In addition, they comprise less than 2% of the arid western landscape. Riparian corridors interface with upland shrub plant communities largely devoid of food-producing shrubs.

Human alterations to the landscape have caused simplified, species-depauperate fragmented riparian corridors. Human-induced disturbance (grazing, agriculture, dams, weeds, residential development, roading), has resulted in extensive alteration of low elevation sites --- and loss of diverse thickets of dense cover at lower elevations. Mountain quail in the northern and western Great Basin and the Interior Columbia Basin and lands to the Cascade Crest now endure hard winters with snow in sub-optimal habitats. Often, remaining habitats are located above valley floors where snow depth may be greater and some winter conditions harsher.

Habitat configuration in the area subject to this petition is essentially linear, due to mountain quail dependence on riparian habitats. This linear habitat configuration is a unique ecological setting for mountain quail, compared to California and humid forest populations where habitat exists as broad, continuous swaths. The linear and restricted nature of habitats here serves to bottleneck mountain quail into remnant habitats that have become

reduced in size and quality, i.e. simplified by human activities. Behaviorally, mountain quail are tied to linear riparian habitats.

In making altitudinal migrations, birds follow corridors that have become fragmented, and subject to continued threats of intense livestock grazing, agricultural development, residential development, fire and subsequent invasion by exotic vegetation, and widespread exotic weed infestations. Riparian areas have decreased by 80-90% due to human-induced changes.

Mountain quail in the area subject to this petition must endure climatic extremes in restricted habitats. The populations of mountain quail still scattered across this landscape are ecologically bound together by being subject to the same factors that are causing their decline. These threats, when combined with the harsh environmental extremes in this geographic area, make them particularly vulnerable to extinction.

As Maps in Attachment 7 show, mountain quail populations are currently reduced to only a few isolated remnants, and the persistence of even the strongest populations is doubtful (Sands et al. 1998).

2. Loss of the discrete population segment of mountain quail would result in a significant gap in the range of the taxon.

a) The range of Oreortyx pictus would be substantially reduced if these populations in Idaho, Nevada, Oregon and Washington were entirely lost. There would be no native quail in the steep streamside hills, rugged canyons, streamside thickets and interfacing arid forests and upland shrublands of this region. This arid interior portion of mountain quail range is nearly one-half of the entire geographic range of Oreortyx pictus. See Map of historic mountain quail distribution in Attachment 1.

Remnant populations still persisting are geographically isolated, and natural recolonization would be extraordinarily difficult if indigenous quail go extinct. Connectivity of habitats between the area subject to this petition, and habitats with populations of mountain quail in continuously occupied California and coastal areas, has been lost. In addition, connectivity of remnant habitats within the vast arid area subject to this petition has been lost. Dispersal of mountain quail across existing voids of human-altered riparian and upland areas is currently not possible.

Mountain quail in the northern and western Great Basin and the Interior Columbia Basin and lands to the Cascade Crest contribute substantially to the ecological and behavioral diversity of the species as a whole.

In addition, mountain quail in the area subject to this petition are important to the genetic diversity of the species as a whole. They are important to the

evolutionary future of the species. Loss of mountain quail here, where populations, due to habitat configuration, are naturally more isolated and strung out across the landscape, may significantly reduce the genetic capacity of the species as a whole. Peripheral populations of any species may be subject to the most rapid genetic adaptations (Lesica and Allendorf 1995). Because of their varying degrees of geographic isolation and varying selection pressures, peripheral populations are important in the evolutionary future of the species (Lesica and Allendorf 1995). Due to their isolation, peripheral populations provide buffers against human stresses and diseases that may threaten continuous central populations (Lomolino and Channell 1995, 1998).

The evolutionary potential of a species may be greatest in peripheral populations. Populations at the extremity of a species range are important for evolutionary potential. The genetic diversity of mountain quail in the habitat configuration of the arid interior lands is important to the genetic diversity of the species as a whole. Distinct traits found in geographically peripheral populations may be unique or critical to the species as a whole, and allow adaptation in the face of environmental change (Hoffman and Blow 1994). Distinct traits found in populations subject to the greatest environmental fluctuations (hot, dry summers combined with cold, snowy winters) may be particularly important to the persistence of the species. Further, distinct traits found in populations in linear riparian and interfacing upland habitats within this area subject to climatic extremes may be particularly important.

C. Conservation status of the Distinct Population Segment

Mountain quail populations in the northern and western Great Basin and the Interior Columbia Basin and lands to the Cascade Crest are now island populations (Brennan 1989), (Vogel and Reese 1996 HCA). For example, see Maps from Robertson (1989) in Attachment 7. The dispersion of populations of mountain quail across the landscape has been dramatically reduced. The abundance of quail within remnant occupied habitats continues to decline, as human-alteration proceeds. A discussion of the questionable future persistence of even the strongest Idaho population, located in the Riggins-Pollock area, is contained in Sands et al. 1998.

Maps of historic and current mountain quail distribution are presented in Vogel and Reese (1996 HCA), and are included in Attachmant 4 .These maps depict populations in Nevada, Idaho, Oregon, Washington and California. Mountain quail populations occur in highly fragmented habitat in eastern portions of their range. The individual, scattered occurrence of populations within areas are not distinguished within maps of this scale (Vogel and Reese 1996 HCA), and see Attachment 7, Map of isolated Idaho populations.

Federal and state agencies have failed to fulfill promises, and act to improve habitat at the landscape level necessary for preservation of viable populations of mountain quail.

1. Federal Efforts Have Failed Or Faltered.

In Idaho, BLM Land Use Plans for large Resource Areas only 20 years ago (e.g. BLM Sun Valley Grazing EIS, BLM Bruneau-Kuna MFP), promised that lands in poor condition would be improved, and “... mountain quail would be protected” (Sun Valley Grazing EIS), and the Bruneau-Kuna MFP promised “ an additional 125 miles of canyonland would be reserved ... for bighorn sheep, river otter, mountain quail”. However, agency follow-through on management actions for mountain quail has been abysmal.

The 1994 Draft Bennett Hills RMP proposed improvement of habitats for mountain quail, and re-introductions there by 1995. Even this planning effort was jettisoned by BLM, and actions proposed for mountain quail abandoned. To this day, management continues in the Bennett Hills under the old Sun Valley EIS. A BLM Shoshone Field Office February 2000 Environmental Assessment lists mountain quail as a “BLM Sensitive Bird Species that could be associated with the Bennett Hills”, and denotes mountain quail as a “bird species which may respond negatively to changes in habitat conditions or habitat structural components which result from the proposed grazing decision”. See Attachment 9. Despite BLM’s own internal policies that sensitive and special status species will be managed to prevent a need for ESA listing of species, BLM, as in the EA discussed above, ignores its own mandates in making land management decisions on millions of acres of public lands.

Even in areas where special Interim management is required, and mountain quail are specifically discussed, BLM has ignored mountain quail. BLM in the 1991 Idaho Wilderness Study Area report included mountain quail as a Special Feature of the Jacks Creek WSA, but today mountain quail have disappeared from the WSA. See Attachment 10, Idaho Wilderness Study Report - Big Jacks Creek WSA. Recent mountain quail extirpations are in broad geographic areas of millions of acres of public lands managed by BLM under these plans --- the Owyhee and King Hill areas in Ogden (1991), perhaps the entire Bennett Hills (McClain pers. comm. 2000 to Fite) (Parrish pers. comm. 2000 to Fite). Loss of populations and continued extinctions of mountain quail demonstrate failures of land management agencies to take effective action to protect and restore mountain quail habitat. Both the Sun Valley Grazing EIS and Bruneau-Kuna MFP are still the Land Use Plans in effect for these public lands, and the Bennett Hills continues to be managed under the most archaic Land Use Plan.

2. State Efforts Have Failed or Faltered.

In addition, in Idaho state efforts aimed at precluding listing have resulted in a long series of Draft documents that themselves document continuing population declines and habitat losses (1995 SR, 1995 and 1996 Draft Idaho HCA, 1995 Draft Idaho HCS, 1998 Draft Idaho Mountain Quail CP). Actions proposed in the 1995 Draft HCS such as buying private lands that comprised portions of the best remaining mountain quail habitat in Idaho in the Riggins-Pollock area, did not happen. No efforts were made to acquire these lands, and residential subdivision of mountain quail habitat proceeds today.

In Washington, despite long knowledge of the perilous state of mountain quail populations, no on-the-ground action has occurred. In January 2000, Kavanaugh presented information on the decline and loss of mountain quail populations in Washington to the Washington Department of Wildlife Commissioners, and engendered new interest in conservation actions.

There is no concerted inter-state effort to restore mountain quail habitat and maintain viable populations. Vogel and Reese (1995 HCS) discussed northern Nevada public lands where quail were re-introduced, but no effort has been made to improve contiguous Idaho habitats where BLM Klott (1996) reported mountain quail in a 1994 survey.

Habitat destruction caused by overgrazing, intensive agriculture, residential development, water impoundments and forestry is controlled by human activities. Federal and state habitat management objectives that focus on coordinated conservation at the landscape level may mitigate these impacts. This has not been done.

VII. MOUNTAIN QUAIL ARE NATIVE THROUGHOUT THIS RANGE, AND QUALIFY FOR PROTECTION UNDER THE ESA

Broad evidence from a wide array of sources shows that mountain quail are native to the northern and western Great Basin and the Interior Columbia Basin and lands to the Cascade Crest. The following discussion is presented to counter arguments claiming mountain quail are not indigenous. Such arguments may arise from land managers with political reluctance to act to protect mountain quail and their habitats.

A. There is archaeological, linguistic and anecdotal evidence that mountain quail are indigenous to the northern and western Great Basin and Interior Columbia Basin and lands to the Cascade Crest.

1. Prehistoric remains of mountain quail dated to 425 years B.P. (A.D. 1535) were found in Wilson Butte cave in south-central Idaho (Gruhn 1961, Heekin and Vogel 1995). Gruhn (1961) documents occurrence of mountain quail

bones in the cave in stratum A, and dates the stratum at 425 (plus or minus 150 years) B.P. Gruhn estimated the beginning of accumulation of the stratum as around A.D. 1300.

2. Native American imagery in southwestern Idaho depicts mountain quail. (Murphey 1991) (Heekin and Vogel 1995). A pictograph figure at the Columbet rock art site includes a sketch of an upland bird with distinct side bars and a single head plume. This figure provides evidence that mountain quail existed in Owyhee County prior to historic transplants and is native to Idaho. The rock art panel has been dated to 1000-1100 A.D. Mountain quail experts who have viewed representations of the panel believe it is a mountain quail (Stiver pers. comm. 1999 to Fite).

3. The Sahaptin language, spoken by Native peoples in the Snake River Basin, has a word, “patashi”, for quail. “Patashi” is listed in the Yakima language dictionary (Kavanaugh pers. comm. 1999). Also, a Native American basketry tradition involving “quail tracks” and quail feather designs (small banner-like projecting triangles) was widespread throughout the Columbia Plateau (Wright 1991).

Coggins (1997 Memo to Crawford) states: “I contacted Keith Lawrence, Nez Perce Tribe, Department of Natural Resources regarding mountain quail. Allen Slickpoo, a tribal elder and historian said Kahx-no is Nez Perce for quail. He called it “the red-tailed quail (red-sided?) -- there used to be lots of them.” See 1997 Memo from Coggins to Crawford in Attachment 11.

4. In the 1870's, Ridgway, an early naturalist, was told by the oldest Native Americans at Pyramid Lake that mountain quail were native birds, not introduced as settlers claimed (cited in Baird 1874).

B. Genetic similarities exist between all populations of mountain quail. Preliminary genetic work by Delehanty shows genetic similarity between all mountain quail (Delehanty pers. comm. 1999). This would provide evidence of gene flow throughout range. This supports the hypothesis that under pre-settlement habitat conditions, mountain quail habitats had some degree of connectivity, and quail were sufficiently mobile for gene flow to have occurred.

C. The pattern of protracted steady decrease of populations (as documented in Idaho) over a very long period of time is more indicative of a tenacious native species hanging on in remnant habitats, and gradually disappearing from these remnants as they too are impacted by human-induced change or stochastic events. Losses follow classic patterns of extirpation and extinction in native species in fragmented habitats (Soule 1986). Brennan (1989) discussed mountain quail disappearance from remnant habitats. See Attachment 7 Maps of Idaho Shrinking Mountain Quail

Habitat 1938 to 1989.

D. The widespread occurrence of mountain quail populations throughout the Snake River Basin in Oregon, Idaho and Washington by the beginning of the 1900s, and the abundant population size of mountain quail at that time is very unlikely to have arisen from introduced birds. See Attachment 11: Reese letter to Kavanaugh 1999, Pope letter to Kavanaugh 1999. Pope states: “Despite the lack of documentation on the presence of mountain quail prior to the 1890's in the Intermountain Region, the widespread distribution of mountain quail in eastern Oregon, eastern Washington, western Idaho, and western Nevada in the early 1900s is strong evidence that this species was native to at least the Snake River Basin and the major tributaries of the Snake. I do not believe a few limited (in number and scope) introductions could account for this broadscale distribution over such a short period of time.”

E. A major stocking effort of mountain quail failed in Colorado, clearly outside mountain quail range. It is often difficult to establish mountain quail from stocking efforts. The documented broad historic dispersion of mountain quail across the vast geographic area of the arid interior landscape would have been very difficult to achieve with occasional haphazard releases of mountain quail.

A concerted effort to stock and introduce mountain quail in an area of the Western United States clearly outside their historic range has been a resounding failure. Such a large scale attempt was made over a period of several years to establish mountain quail in Colorado. Consistent observations of quail have been lacking following attempted introduction (Hoffman 1973), (Brennan 1990).

There are known difficulties with establishing mountain quail from stocking. Delehanty (1997) states: “A long history of releasing gallinaceous birds to the wild exists (reviewed by Long 1991). Historically, galliform releases in North America focussed on establishing wild populations of exotic game birds, extending the range of native species, or ‘re-stocking’ local populations that had declined (Phillips 1928, Bent 1932, Laycock 1966, Christensen 1970, Long 1981)... The precipitous declines of native North American galliforms during the twentieth century has led to a new focus on galliform release ..”. Efforts to re-establish native birds through translocation often fail. In Delehanty’s own study, both captively reared and wild-trapped mountain quail experienced high mortality rates in each of three experimental translocations. Wild-trapped quail survived better. Autumn and winter trapped quail died. Traditionally, mountain quail have been captured and released in autumn (Delehanty 1997).

F. Documented Stocking Was Re-Stocking, or Augmentation of Extirpated or

Low Populations.

Because mountain quail releases were not preceded by systematic surveys, introductions may have augmented indigenous populations in Idaho and eastern Oregon. Anthony (1911,1912) reported the occurrence of mountain quail near Vale, Oregon, and suggested the extension of their range into eastern Oregon. In reply to Anthony, Wyman (1912) stated that mountain quail populations had ‘long been established’ in southwestern Idaho (cited in Vogel and Reese 1996 HCA). Yocum and Harris (1953) stated that stocking may have occurred where quail were indigenous in Washington, and noted the effect of harsh winters on decimating populations.

It takes little vision to imagine a drastically different pre-settlement world in the arid west - where riparian communities were 80-90% greater in extent than at present. Local populations of a secretive species such as mountain quail may well have dropped to low levels, when faced with cumulative impacts of overgrazing and other habitat alteration, and further plummeted during harsh winters. Miller (1950) in describing mountain quail populations in California, found abundant populations in northern and western portions of the state, low populations in southern areas, and populations that fluctuated severely in desert regions and some northeastern areas (Vogel and Reese 1996 HCA). Habitats in desert regions and northeastern areas in California described by Miller more closely resemble harsh environments in the northern and western Great Basin and the Interior Columbia Basin and lands to the Cascade Crest.

It is reasonable to assume that during time periods when moving galliform birds around was in vogue, lows in mountain quail populations or localized extinctions triggered releases of mountain quail. Large fluctuations in mountain quail populations triggered by weather extremes may have been further amplified by impacts of grazing, agricultural activities, and other habitat modification, on mountain quail populations. In addition, confusion may exist between California quail and mountain quail (Coggins Memo to Crawford 1997) citing possible confusion between mountain quail and California quail in discussions of “transplants”.

Although past stocking of mountain quail has indeed been documented in some portions of the northern and western Great Basin and Interior Columbia Basin, the most logical explanation is that these introductions were re-stocking or augmentation efforts, following disappearance or declines in quail numbers associated with rapid habitat loss associated with Euro-American settlement. Numerous introductions have taken place in these areas in Idaho, however, they may have served only to augment existing populations (Robertson 1989). Yocum and Harris (1953) state that severe winters may have decreased indigenous quail populations in southeastern Washington, and this was then followed by re-stocking.

Severe winters did indeed occur following Euro-American settlement, and may have greatly diminished quail populations, and triggered subsequent releases of mountain quail. For example, the winter of 1889-90 (the harshest in 500 years) followed the drought of 1888. Records show hundreds of thousands of domestic sheep and cattle died. In Elko County Nevada in the Interior Columbia Basin and northern Great Basin, records indicate Rancher John Sparks branded 38,000 calves; in the spring of 1890, the same range yielded 68 calves.” (Trimble 1989).

G. The most current landscape level scientific evaluation of terrestrial vertebrates in the Interior Columbia Basin is contained in the Interior Columbia Basin Ecosystem Management Project (ICBEMP). This addresses the present and historical occurrence of mountain quail in the Interior Columbia Basin:

“Primary habitats for mountain quail are riparian zones with tree or shrub cover (Ormiston 1966). Within the Basin, mountain quail historically occupied habitats in western Idaho and along the East slope of the Oregon Cascade mountains.” Habitat has declined on both federal and non-federal lands in both EIS areas, most significantly in the UCRB where the species now only occurs in a few scattered pockets (Vogel and Reese 1995). The major factor causing habitat decline has been the reduction in riparian shrub cover and change in riparian shrub species due to grazing. Modification of grazing practices and active shrub restoration of riparian shrub communities would provide the most benefits to mountain quail habitat” (Quigley et al. 1997, p. 607).

The ICBEMP science integration team conducted a population viability analysis for mountain quail.“Under all alternatives, both habitat and populations in the UCRB are projected to remain patchy and isolated to varying degrees.” Quigley et al. 1997. ICBEMP’s bleak predictions of population viability for mountain quail are discussed in Section XIV “Risk of Extinction” of this petition.

H. The documented mobility of mountain quail provides evidence of dispersal ability in pre- settlement habitats. Mountain quail are mobile, and commonly migrate altitudinally between winter and summer habitats, although some populations may be sedentary. Crawford and Pope (1999) recently documented seasonal movements of up to 30 km. Under pre-settlement conditions, 80- 90% more riparian habitat existed. In addition, there was much greater habitat connectivity, including extensive interfacing of shrub steppe communities contiguous to riparian areas.

Vale (1995) discussed the widespread woody upland vegetation, particularly shrubs of the genus Artemisia, that existed in the arid interior of western

North America at the time of Euro-American contact. The common upland shrub interfacing with riparian habitats in arid interior lands is Basin big sagebrush (Artemisia tridentata tridentata). Cronquist (1994) in the Intermountain Flora describes Artemisia tridentata as being “widespread in the drier parts of the cordilleran region”, and the ecotypic variety Artemisia tridentata tridentata as being “robust plants, mostly 1-3 m. tall ... in relatively deep soil in favorable sites, ... mainly in the lowlands and foothills”. Brennan (1986), (1989) describes mountain quail habitat as characterized by dense and tall shrubs > 1.5 m. in height. McQuivey (in Paige and Ritter 1999) has researched historical records that show early settlers in the Great Basin of Nevada encountered very tall sagebrush (2 to 2.5 m.). Basin big sagebrush may have provided broad bands of habitat adjacent to riparian areas suitable for mountain quail cover. Interfacing sagebrush upland communities also may have provided mountain quail food associated with seed production of native understory forbs. Understories with food-producing forbs in Basin big sagebrush habitats contiguous with riparian areas have been severely impacted by livestock grazing and trampling activity. Sagebrush has been eliminated altogether in some areas through continued degradation, fire and conversion to annual grasslands. Even the most skeptical observer can understand how birds capable of moving 30 km. would have been capable of wide dispersal, over time, in areas of suitable habitat throughout the northern and western Great Basin and the Interior Columbia Basin and lands to the Cascade Crest.

I. Mountain quail experts have stated that mountain quail are native to the Snake River Basin. Kavanaugh solicited letters from experts Dr, Leonard Brennan, Dr. John Crawford, Dr. Kerry Reese, Michael Pope and Vic Coggins. Experts responded to Kavanaugh that they consider the mountain quail to be a native species. See Attachment 11. Note: Kavanaugh solicited these letters after the state agency WDFW raised the issue about mountain quail not being native as justification for not complying with Washington state requirements to list this species as threatened or endangered.

Coggins (1997 Memo to Crawford) concerning historic distribution of mountain quail in Wallowa County states: “In my conversations with residents, none ever talked about them being introduced to this area and without exception when asked said they were native here.” For example, Coggins cites interviews with longtime resident Fermin Warnock: “Mountain quail were found near ... Rough Creek (Hells Canyon) when he was a young boy. This would have been about 1910. At that time, Wallowa County had been settled about 30 years (the railroad was built in 1908 to the Wallowa Valley. He was also asked about transplants, and he knew of none.” Coggins here mentions possible confusion between mountain quail and California quail in reference to Boise “transplants”.

Pope (1999 letter to Kavanaugh) notes that historical references indicate mountain quail were found throughout western Oregon and many portions of eastern Oregon (particularly tributaries of the Columbia, Snake, and John Day Rivers prior to 1910. “I have located very few sources that specifically mention mountain quail distributions in eastern Oregon prior to 1890. However, many of the above areas were remote and settled later than many other areas of Oregon. Additionally, mountain quail are inherently secretive and occupy some of the most inaccessible habitats in their current range. In other words they may well have been in the area prior to 1890 but not observed”. J. With a vision of the pre-settlement landscape of 170 years ago, it is readily possible to understand the widespread distribution of mountain quail in the northern and western Great Basin and the Interior Columbia Basin and lands to the Cascade Crest. The Blue Mountains connect to the Snake River Basin which is continuous with Hells Canyon, Oxbow, Brownlee, Huntington, Vale, Malheur and Owyhee drainages, then eastward across to the South Hills and South into the Interior Columbia Basin and northern and western Great Basin portions of Nevada. Following the Snake River tributaries on the east, habitat continuity existed up the lower portions of the Payette and Boise River forks, across to King Hill Creek and the Bennett Hills. Riparian areas interfacing with big sagebrush, and extensive stands of sagebrush habitats, provided connectivity across this landscape. Also, connectivity existed through shrub habitats from the Sierras into the western Great Basin following riparian corridors and/or interspersed upland shrubs such as Basin big sagebrush on deeper soils across the valleys. It must be remembered that in many sites where now only dry, downcut gullies are present, bands of riparian and shrub vegetation followed intermittent and perennial drainages only 150 years ago.

VIII. EVIDENCE FROM ICBEMP AND OTHER SOURCES PROVIDES A NECESSARY BACKDROP FOR UNDERSTANDING THE EXTRAORDINARY DEGREE OF MOUNTAIN QUAIL HABITAT LOSS IN ARID INTERIOR LANDS OCCUPIED BY THE DPS

A. Riparian Habitat Has Been Eliminated or Greatly Altered Throughout the Interior Columbia Basin and northern and western Great Basin. Habitat losses continue to this day.

ICBEMP’s Assessment of Ecosystem Components in the Interior Columbia Basin and portions of the Klamath and Great Basins states that by the mid-1800's, Euro-American settlers had begun to substantially alter the Basin’s landscape and aquatic habitats. (Quigley and Arbelbide 1997, p. 63). By 1860, livestock grazing had reduced extensive willow coverage along many streams to scattered patches (Elmore and Kaufmann, 1994; Vavra and others 1994) (Quigley and Arbelbide 1997, p. 1084).

“Most riparian areas have changed dramatically in the last 100 years. A major causal factor has been improper livestock grazing ...” (Quigley and Arbelbide 1997, p. 768). Grazing activity has been disproportionately concentrated within riparian areas. Concentrated livestock activity has resulted in damage by trampling and herbage removal. Ramifications are : 1) Reduced dissipation of stream energy, 2) increased extent of bare soil and accelerated erosion 3) stream channel degradation, resulting in reduced flood plain recharge, lowered water tables, and reduced areal extent of riparian communities. Simplification of vegetational structural diversity and the presence of early successional stages has resulted in less diverse and often less productive floral and faunal assemblages (Quigley and Arbelbide 1997, p. 768).

By 1860, 200,000 cattle were settled in Oregon (USDA/USDI 1996). Toward the end of the century, sheep were so numerous on eastern Oregon rangelands that anecdotal reports and photographs suggested summer ranges so laden with sheep that they appeared to be snow drifts. Overgrazing damaged stream and riparian vegetation in many basins in eastern Oregon and Washington. Overgrazing also facilitated the spread of annual cheatgrass and reduced vegetation that had provided fuel for fires. “The condition of rangelands in the Basin generally has improved since then, with the exception of riparian areas, which have continued to decline in much of the Basin.” (Quigley and Arbelbide 1997, p. 1887). Although improvement in upland conditions may have occurred in some sites, continued degradation and/or conversion of upland habitats to exotic species vegetation is widespread across the landscape, particularly in shrub habitats adjacent to riparian areas and particularly in lower elevations.

By the mid-1800's, Euro-American settlers had begun to substantially alter the Basin’s landscape and aquatic habitats (Quigley and Arbelbide 1997, p. 63). In the early 1900s, the construction of large dams began as isolated areas of the Columbia River Basin were settled. From the 1860s to 1930s, mining activities included dredges and hydraulic mining. Large stream reaches in low-gradient sections were impacted. “In short, the ecological integrity of streams, lakes, and wetlands was significantly compromised by the 1920s.”(Quigley and Arbelbide 1997, p.1085). Major dams were constructed during the Depression and after World War II on the Columbia and Snake Rivers (Quigley and Arbelbide 1997, p. 63, and p.1889).

The extent and type of riparian vegetation in the Basin has changed significantly. Forests (which include cottonwood, aspen, and willow, typically riparian-associated species), decreased in the Columbia Plateau (Quigley and Arbelbide 1997, pp. 1085-86). There has been a decline in shrublands in the riparian zones in the more than half the Ecological Reporting Units (ERUs) in the Basin (Quigley and Arbelbide 1997, p. 1086).

In the Riparian Shrub Potential Vegetation Group (PVG), agriculture and urban development were responsible for an 80% areal decline in riparian shrub habitat. Historically, the native system was dominated by mixture of riparian shrubland and riparian herbland physiognomic types. The riparian shrub PVG changed between historical and current periods due to fire suppression, livestock grazing, invasion of exotics, and agriculture and urban developments. The current riparian herbland physiognomic type contained a relatively large proportion of exotic plants, and was less productive than it was historically. Exotic species at present are common components of most communities within the riparian shrub PVG. “As with most of the rangeland PVGs, the highest departures from unaltered biophysical template [in riparian shrub communities] occurred in those areas subjected to excessive livestock grazing pressure, and were also heavily roaded.”(Quigley and Arbelbide 1997, p. 507). Likewise, corresponding impacts are found in the Riparian Woodland PVG. Since the historical period, the structure and composition of the riparian woodland PVG has changed due to intensive livestock grazing, the invasion of exotics, and agriculture and urban development (Quigley and Arbelbide 1997, p. 509).

B. Riparian Habitat Has Been Greatly Altered Throughout the Entire Range Of Mountain Quail Subject to This Petition.

Western riparian habitats are assemblages of plant communities occurring at interfaces of terrestrial and aquatic communities. They create well-defined, narrow zones of vegetation along ephemeral, intermittent, and perennial streams and rivers. “Riparian areas are among the most threatened habitats on the continent” because they are favored for many uses including livestock grazing, agriculture, water management, timber harvest, recreation, urbanization (Saab et al. 1995). These areas are the most modified in the West (Chaney et al. 1990). Grazing on riparian areas in arid lands is particularly damaging (Platts and Nelson 1985), (Chaney et al. 1990), (Platts 1991). Livestock grazing effects riparian vegetation by altering, reducing, or removing vegetation, and by actually eliminating riparian areas through channel widening, channel aggrading, or lowering the water table (Platts 1991). Many authors have reviewed and evaluated impacts of livestock grazing on western riparian ecosystems. See (Fleischner 1994), (Ohmart 1996), (Belsky et al. 1999).

Saab and Groves (1992) describe Idaho riparian habitats as “under increased pressure from livestock grazing, logging, water management and recreation”, and note that more than 90 percent of the original riparian habitat in the West has been eliminated by flood control and irrigation projects. Saab and Groves (1992) also discuss impacts on migratory landbirds tied to western riparian areas: “Many western neotropical migrants may be particularly vulnerable to disturbance because riparian

habitats are few and far between.”

C. Upland Habitat Has Been Eliminated Or Greatly Altered Throughout the Interior Columbia Basin. Exotic species threaten upland habitats.

The introduction of exotic plants (for example, annual grasses, and annual, biennial, or perennial forbs) and their establishment in the Basin resulted in the replacement of native cover types and structures, primarily in the dry grass, dry shrub, cool shrub, and riparian PVGs (Quigley and Arbelbide 1997, p. 459).

In the early 1900's, Griffiths (1902, 1903) reported declines in native vegetation abundance and condition in the Great Basin portion of the Basin and in eastern Oregon and Washington. Excessive livestock grazing pressure was vividly apparent on Steens Mountain in southeastern Oregon (Quigley and Arbelbide 1997, p.764).

In arid and semi-arid lands, forces such as grazing disturbance or altered fire regimes can cause vegetation to cross a threshold, or transition. Once crossed, removal of the disturbance will not necessarily result in a transition to a higher successional state without substantial inputs, and does not follow classic patterns of plant succession. Examples of this are cheatgrass/medusahead monocultures (Quigley and Arbelbide 1997, p. 766). “Most current period arid and semi-arid rangeland PVTs remain stable at one or more lower (less advanced) successional states for long periods of time, in contrast vegetation change on more mesic rangeland corresponds more closely to the traditional climax model .” (Quigley and Arbelbide 1997, p. 765)

“The most substantial change between historical and current periods was the conversion of approximately 37 percent of the area from native PVTs to agricultural PVTs.” (Quigley and Arbelbide 1997, p. 459). “Agricultural and urban development, livestock herbivory, the introduction of exotic plants, and changes in disturbance regimes have resulted in unprecedented changes.” (Quigley and Arbelbide 1997, p. 765).

D. Upland Habitat Has Been Greatly Altered Throughout the Region Subject to This Petition.

Livestock grazing in the arid West brought about sudden and immediate change. In the American West, grazing by livestock began in the 1840s, increased rapidly in the 1870s, and peaked around 1890 (Young and Sparks 1985) (Saab et. al 1995). By 1900, much rangeland had been altered by the combination of high intensity livestock grazing and extreme drought (Yensen 1981) (Saab 1995). Julian Steward, in ethnographic accounts of the Shoshone and Piute Basin-Plateau groups, states that by 1870 cattle had

so reduced native plant communities that hunter- gatherer Native Americans could no longer obtain adequate food from wild lands (Steward 1938).

“Major changes in native shrub-steppe vegetation, particularly the rapid loss of forbs and grasses took as little as 10-15 years under severe overgrazing that accompanied early settlement of the West (Kennedy and Doten 1901, Cottam and Stewart 1940, Brougham and Harris, 1967, Mc Naughton 1979, West 1979)” in Saab (1995). “It took just fifteen years from the start of grazing before the best grasslands in the sagebrush desert were grazed out.” (Trimble 1989). Domestic livestock grazing has caused major changes in plant species composition of shrubsteppe habitats including loss of cryptogam layer, loss of native grasses, reduced perennial grass cover, reduced forb cover, increased shrub cover, and invasion by exotic species, particularly cheatgrass (Yensen 1981), (Saab 1995). Shrubsteppe habitats did not co-evolve with large herds of grazing animals (Mack and Thompson 1982).

Saab and Groves (1992) discuss the alteration of upland habitats and conversion of habitats by fire, livestock grazing, and agriculture. Idaho BLM in 1992 reported that 20 percent of Idaho’s shrub-steppe rangelands had burned in the last decade, then were invaded by exotic annual plants

Cheatgrass today threatens to dominate 25 million hectares (62 million acres), or more than half of the West’s sagebrush region (Rich 1996, Paige and Ritter 1999).

E. Habitats Have Been Greatly Fragmented and Ecological Integrity Lost.

“Taken in its entirety, the landscapes of the Interior Columbia Basin and portions of the Klamath and Great Basins became more fragmented between the historical and current periods”. Plus, increasing fragmentation trends are today found within four terrestrial community groups, including upland herbland, and upland shrubland (Quigley and Arbelbide 1997, p.761).

Ecological integrity has been, and continues to be, lost in vegetation communities important to mountain quail. ICBEMP’s Macroecology, Paleoecology and Ecological Integrity of Terrestrial Species. PNW-GTR-410 states: “The greatest historic declines in ecological integrity in the Interior Columbia Basin have occurred in late seral forests and native upland types, including native grasslands and shrublands. P. 114: “Still-diminishing vegetation conditions [occur] principally in: rare plant communities, native grasslands, native shrublands and late seral forests.”

Impacts of fragmentation and conversion to cheatgrass of upland shrub-

steppe vegetation on sage-obligate avian species have been elucidated in Knick and Rotenberry (1997), Knick and Rotenberry (1999), Paige and Ritter (1999) and Knick and Rotenberry (2000).

**********************Catastrophic changes to mountain quail habitats in the Interior Columbia Basin, lands to the Cascade Crest and northern and western Great Basin occurred very soon following Euro-American Settlement. By 1860, riparian habitats had already been significantly altered. There is only one piece of evidence that mountain quail may not have been native --- and that is records of past stocking in various western states. Past stocking must be fully understood in terms of the catastrophic habitat alteration that immediately accompanied Euro-American settlement.

In contrast, there is a great body of evidence to support the view that mountain quail were native birds at the time of white settlement, and were found throughout suitable habitats in the northern and western Great Basin and Interior Columbia Basin and lands to the Cascade Crest. Archaeological evidence, Native American pictographs, known ability of radio-collared birds to move 26 km., connectivity of pre-settlement habitats throughout much of this large geographic area prove this. The 80-90% declines in riparian habitat and losses in riparian species diversity, declines in upland habitats and losses in species diversity, plus landscape fragmentation and losses of ecological integrity, are all documented in ICBEMP and a plethora of other scientific sources. This literature demonstrates the almost-immediate catastrophic changes that occurred to mountain quail riparian and interfacing upland shrubland habitats throughout the region subject to this petition as Euro-American settlement progressed. This wide body of literature also illuminates understanding of continued threats to mountain quail habitat and range.

IX. THE PRESENT AND THREATENED DESTRUCTION, MODIFICATION, OR CURTAILMENT OF HABITAT AND RANGE

Mountain quail are endangered throughout the northern and western Great Basin and the Interior Columbia Basin and lands to the Cascade Crest by past and continued destruction, modification, and curtailment of habitat and range. Land management agencies ignore mountain quail habitat needs in decision making processes.

Critical components of mountain quail habitat have been shown to be tall dense food-producing shrubs in close proximity to water. As the previous discussion shows, these habitat components have been severely impacted by human activities including grazing, agriculture, impoundments and altered fire frequencies. These impacts continue, and incremental attrition of mountain quail habitat is proceeding, and will continue, unless federal

protection is granted to mountain quail. Strong, concerted federal action must be taken at the landscape level to protect remaining habitats and to undertake restoration efforts necessary to maintain viable populations.

Low elevation riparian sites continue to be under pressures from grazing on public and private lands, agricultural development, roading and exotic species. Fragmentation and further loss of suitable mountain quail habitat under increased human population pressures is inevitable unless ESA listing occurs. Recovery of damaged riparian systems under continuing land use practices can be exceedingly slow. Willows, the first vegetation to begin riparian recovery, and the best survivors under grazing regimes, are avoided by mountain quail. Reese et al. (1999) investigated characteristics of mountain quail fall and winter habitats. They found mountain quail diurnal use of grass/scattered shrub cover, and nocturnal use of grass/scattered shrub and conifer/shrub habitats, and that mountain quail avoided willow riparian areas.

Plus, in agency efforts to alleviate grazing pressure on stream riparian systems, water developments of springs and seeps are now commonly promoted by land management agencies. Grazing impacts are shifted into, or increased, in new areas. Such developments may de-water springs and surrounding vegetation communities of importance to mountain quail, and shifts in livestock use may further degrade and fragment interfacing upland habitats and spring-seep complexes.

Federal agencies continue to ignore promises (such as their own current Land Use Plans) that commit to protection and restoration of mountain quail habitats. Federal agencies also fail to follow through with planning efforts. For example, Idaho BLM’s Draft Bennett Hills RMP of 1994 states: “Mountain quail are the only quail native to Idaho. The Lower Bennett Hills and the Upper Bennett Hills ... are historic range for mountain quail and possibly contain remnant populations of these quail ... Declines in mountain quail population and distribution seem to be related to the loss of quality riparian habitat.” The plan proposes habitat measures, and releases of mountain quail in remnant habitats in King Hill and Clover Creek, perhaps beginning as early as 1995. BLM subsequently abandoned the RMP planning effort, and to this day, no action has occurred. To make matters even worse, BLM now seems content to accept degradation of mountain quail habitat as an outcome of livestock management decisions (See Attachment 9 Shoshone Field Office 2000 “BLM Sensitive Bird Species List for Bennett Hills”). BLM here admits that current grazing management decisions negatively impact mountain quail habitats.

Agencies are content with modest, slow-paced changes, or no real changes whatsoever, under continued land uses such as grazing, and are unwilling to take necessary actions to improve habitats. For example, BLM relies on

subjective Proper Functioning Condition (PFC) assessments to determine riparian condition. In southwest Idaho, BLM continues to allow grazing on non-functional and functional-at-risk streams in recently occupied mountain quail habitat (Fite field observation 1999), despite scientific evidence that riparian recovery, particularly speedy recovery, primarily occurs with removal of livestock, or substantial reductions in use and numbers (Clary and Webster 1989), (Quigley and Arbelbide 1997, p. 771). Despite mountain quail being a Special Feature important to the significance of the Jacks Creek WSA, by 2000, BLM and IDFG have allowed mountain quail to disappear from the entire Owyhee region. See Attachment 10.

These failures by land management agencies to manage mountain quail habitats continue, and will continue into the future. Agencies have failed to plan at the landscape level to maintain viable populations of mountain quail.

Mountain quail habitat attrition continues to this day. Even modest management objectives currently in place for livestock grazing often fail to be met. For example, grazing stubble heights (4") have been put in place on some BLM streams in southwestern Idaho in recently occupied mountain quail habitat, yet livestock use routinely continues to fail to meet even these extremely modest terms necessary for minimum steps to riparian recovery (Fite pers. obs. 2000) --- for example, Poison Creek stubble height data in Bruneau-Kuna EIS area. Poison Creek was the location of one of the last mountain quail sightings in this region (Robertson 1989). As previously noted, BLM proposes grazing and other management actions in 2000 that it knows will negatively impact mountain quail habitats.

The following discussion of Brennan’s 1989 assessment of mountain quail habitats provides insights into ongoing habitat destruction and modification that continue to lead to the curtailment of mountain quail range in arid interior lands.

A. HSI Model Field Test in known mountain quail habitats in Idaho, eastern Oregon, northern Nevada and southeastern Washington: Key Habitat Components Correspond to Habitat Components Drastically Altered By Euro-American Settlement In the northern and western Great Basin and Interior Columbia Basin.

Brennan’s examination and analysis (1989), (1991) of known mountain quail habitats are the only on-the-ground broad landscape level assessment of mountain quail habitats in the region subject to this petition. A discussion of this examination provides solid insight and overview of continuing destruction of, threats to, and curtailment of, mountain quail habitats in large portions of the geographic area subject to this petition.

Brennan (1984), Brennan et al. (1986) developed a Habitat Suitability Index

(HSI) model for mountain quail in California. The habitat characteristics/parameters of the model are the key elements of mountain quail habitats lost, and being progressively lost, in the lands subject to this petition. In addition, studies in northern California have indicated mountain quail habitat is characterized by dense (> 40% cover) and tall (> 1.5 m) perennial shrubby vegetation in close proximity to water (Brennan 1989).

Brennan conducted a qualitative survey to assess mountain quail habitat in eastern Oregon, western Idaho, and northern Nevada. A visual examination was made of habitats in eastern Oregon from Huntington to Oxbow, west to the Imnaha drainage, north to Chief Joseph and Wooten Wildlife Management Area in Southeastern Washington. An aerial survey of habitats in the Boise/Mountain Home area included flying over Hardtrigger Creek, Castle Creek, Shoofly Creek, Big Jacks Creek, Syrup Creek, Cottonwood Creek, King Hill Creek, and Bennett Creek. In Nevada, ground surveys in the Osgood and Santa Rosa Mountains were made. Results:

* Huntington- Oxbow: “Now contains little or no suitable habitat” resulting from “a combination of habitat loss and erosion in the side creeks and water impoundment from Brownlee Dam.” * Imnaha River, Oregon to southeast Washington: Mountain quail still exist. Vegetation along Horse Creek “provides a good example of high-quality mountain quail habitat”. Birds recently were reported at Wooten WMA in Washington . * Pittsburg Landing: Kurry Creek still has well-developed brush. * Salmon River: From Eagle Creek to Pollock, side creeks that feed the Salmon contain well-developed riparian brush communities. The basic configuration of the landscape is similar to Horse Creek. * Boise District BLM lands: “Surveying the Boise District by air indicated that a great deal of historic Mountain Quail range has been eliminated as a result of agriculture and/or grazing. While there are still some extant corridors of riparian brush, the vast majority of the creekside vegetation in this region is dominated by species of willow (Salix sp.)”. Food-bearing shrubs which make up 80-90 percent of the vegetative cover in the Imnaha and Salmon River region only constitute 10-20% of the existing creekside brush communities in the Boise District. Willow shrubs are the most tolerant, tenacious woody plants in relation to grazing pressure. Thus, willows are usually the last shrubs to persist when a riparian area is over-grazed and the first to return when exclosures are installed (Rickard and Cushing 1982). Most of the shrubs which provide food resources for mountain quail regenerate from seeds and are not as resistant to being trampled by cattle (Sambucus sp.) as are willows. Thus the majority of the habitat in the Boise District area consists of plants which provide cover but not food resources for mountain quail. Agriculture, settlement and grazing have severely fragmented these riparian corridors and caused barriers (large areas of inhospitable habitat) between breeding and wintering

areas in this region.” *Osgood and Santa Rosa Mountains: “Vast areas of riparian habitat have been eliminated along the South Fork of the Humboldt River. Areas which were formerly wet desert meadows with well-developed riparian perimeters are now sparse sagebrush flats. The Rodear Flats section of the Humboldt River is a classic example of sagebrush flats that were formerly wet desert meadows. Erosion and cutbanks are commonly 20 feet or more deep along sections of the Humboldt River and there has been a concomitant drop in the water table in these riparian areas. ... there are few, if any, extensive corridors of riparian habitat in this region.”

In discussing persistence of quail in Nevada, Brennan notes that thermal inversions may have provided winter refugia on mid-slopes of the mountains (where chukars are found). Recent sightings indicated a few mountain quail are still present. Regarding loss of shrub-steppe habitats, Brennan cites Gutierrez (1980) who found that mountain quail don’t use annual grassland.

A quantitative survey was also conducted at 16 sites in the region described above that tested the HSI model developed for northern California. Five habitat variables measured were: distance to water, escape cover percentage of ground covered by shrubs, maximum shrub height, minimum shrub height. Since the distribution of mountain quail in the eastern part of its range is closely linked to creekside and riparian brush communities, all quantitative sampling was conducted in this habitat (Brennan 1989, 1991).

Brennan (1989) remarked: “Mountain quail have apparently persisted in this region as relatively isolated populations interconnected by corridors of riparian brush communities that provide food, cover, avenues for dispersal and movements between breeding and wintering habitat. Thus, over time, it easy to understand how the deterioration and fragmentation of these riparian brush corridors could result in widespread population declines and a contraction in geographic distribution ...”. Brennan continued: “In areas where these habitats have been fragmented and/or the food-producing component reduced or eliminated (most notably along the Snake River impoundments or in most of the Boise District) mountain quail populations are entirely absent or reduced to the point where they are nearly impossible to find.”

Brennan also stated that the mere presence of water impoundments [such as Brownlee, Oxbow, Hells Canyon Reservoirs] can have dire consequences for mountain quail. For example man-made reservoirs in California were documented by Enderlin (1947) as a significant source of mortality. when birds descend from breeding to wintering habitats, they attempt to fly across and drown. Plus, impoundments can alter the microclimate of their immediate area, especially in winter, making it colder than what would be historically ‘normal’ The large stable mass of cold or semi-frozen water acts

to keep steep canyons colder than they normally would be if water was not impounded.

In discussing the quantitative assessment: “The configuration of these habitats is drastically different from what I observed in California. ... in California, extensive areas (frequently in excess of 100 square kilometers) are dominated by mixed brush and chaparral habitats. In California, mountain quail are not restricted to narrow bands of habitat (within 100-200m of a water source) like they are in the eastern part of their range. ... The overall carrying capacity of the habitats in California is much greater than the areas in the eastern part of their range where they are restricted to relatively isolated, narrow bands of riparian brush”. Historically, mountain quail may have never been exceptionally abundant here, compared to California.

Using the HSI model, overall habitat quality of willow-dominated riparian areas such as Syrup Creek site could lead to inflated HSI values because the majority of shrubs present are willows that do not provide food resources. A key assumption of model is that structural aspects are correlated with food resources. Mountain quail have undergone a decline and contraction of their distribution in the eastern part of their range. This is most likely the result of habitat deterioration from overgrazing and fragmentation from agricultural and hydroelectric activities in the mid and lower Snake River corridor in Idaho (Brennan 1989).

B. Further Discussion of Factors Destroying, Modifying and Curtailing Mountain Quail Populations and Habitats

1. Livestock Grazing.

Fleischner (1994), Ohmart (1996), Belsky et al. (1999) present comprehensive reviews of the deleterious impacts of livestock grazing on arid land ecosystems in the western United States. Evidence of extensive habitat alteration and impacts of livestock grazing as discussed in ICBEMP and other sources has been presented in the preceding Section of this petition.

Mountain quail inhabit dense shrub thickets near water. Riparian habitats interface with upland communities. Both riparian and native upland shrubland and grassland habitats and their interfaces have been and continue to be drastically altered by livestock --- decreased in size and areal extent, and simplified in species composition as water tables are lowered, streams are downcut, and disturbed areas are vulnerable to invasion by exotic species. Adjacent uplands have also been simplified, and invaded by exotic species as a consequence of livestock grazing.

Grazing by livestock is especially damaging to ecosystems where native grazing ungulates were scarce or absent (Mack and Thompson 1982). Cattle compact soils by hoof action, remove plant materials, reduce water infiltration, all of which can result in decreased vegetation density (Holechek et al. 1989, Saab 1995). Depletion of understory forbs that produced seeds eaten by mountain quail occurred swiftly following introduction of domestic livestock.

“The vegetation of the pristine sagebrush/grasslands was rather simple and extraordinarily susceptible to disturbance. The native vegetation lacked the resilience, depth, and plasticity to cope with concentrations of large herbivores The plant communities did not bend to adapt, they shattered. This tends to make the review of grazing in the sagebrush/grasslands a horror story, resplendent in examples of what should not have been done” (Young 1994). This horror story continues to this day in critical mountain quail habitats throughout the area subject to this petition.

Mastrum cites a study by Miller (1950) that found overgrazing had eliminated 90% of plants beneficial to mountain quail in riparian areas studied in California (Mastrum pers. comm. 1999). Brennan (1989) discussed impacts to mountain quail habitats over a broad geographic area. Vogel and Reese (1995 HCS) identify extensive current grazing problems and need for habitat rehabilitation in Idaho mountain quail habitats, yet nearly all of these recommendations have languished.

Restoration or rehabilitation of many degraded habitats is difficult, if not impossible under current agency Land Use Plans, and managers are unwilling to make significant changes necessary to protect and restore mountain quail habitats. Grazing regulations often make riparian habitat rehabilitation difficult (Vogel and Reese 1995 HCS).

Stiver and Delehanty emphasize the role overgrazing has played in Nevada riparian habitat with respect to loss of mountain quail habitat (Stiver and Delehanty, pers. comm. 1999). Stiver (in Vogel and Reese 1996 HCA) discusses the role of over-grazing combined with other factors: “Beginning in the late 1800s, shrub composition and structure were significantly altered by severe overgrazing” In the 1960's cheatgrass, extensive range fires, and habitat conversion converged, so that “by the 1970s, riparian vegetation was degraded or nonexistent”.

Livestock grazing has impacted populations of all species of quail in North America (Brown et al. 1993).

Agency management of riparian habitats subject to livestock use is often aimed at achieving simplified habitats (limited willow riparian zones) that do not provide key habitat components for mountain quail. Public lands grazing

continues on nearly all lands at levels similar to those during which recent extirpations of mountain quail from occupied habitats occurred. As previously discussed, measures to enhance mountain quail habitats take a backseat to livestock grazing in the land management agency decision making processes.

The widest areas of canyons are sites which historically may have contained the broadest and most diverse extent of riparian and interfacing upland shrub communities used by mountain quail. Broader canyon areas also receive more winter sun, and may be warmer microsites. Almost universally, these are the sites in arid western lands that receive maximum abuse from domestic livestock grazing.

Gutierrez feels that some degree of grazing is beneficial for retaining early successional plant communities (Gutierrez pers. comm. 1999). Henjum cites well-managed livestock grazing on private lands in Wallowa County where viable quail populations still survive (Henjum. pers. comm. 1999). However, petitioners are aware of no research that confirms any beneficial aspect of grazing on mountain quail habitats.

2. Settlement Patterns/Agricultural Conversion.

Early settlement patterns in agricultural areas were near water, at lower elevations. Settlement had maximum negative impacts to essential mountain quail winter habitats. Large areas of riparian shrubs and adjacent big sagebrush uplands were cleared for agricultural purposes. Government-subsidized brush-clearing occurred in the 1960s. Removal of remaining riparian vegetation in lower elevations of drainages recently occupied by mountain quail continues to the present day in southwestern Idaho, southeastern Oregon and northern Nevada (Fite, field. observations 1999), as clean farming techniques, brush clearing and more intensive land use practices occur.

3. Current Residential Development.

In Idaho, some of the best remaining habitat in the Riggins-Pollock area is being developed. A continued erosion of mountain quail habitat is occurring due to residential, particularly second-home development, in transition zone habitats throughout the lower elevations of mountainous areas in Oregon and Washington. Critical winter habitats are lost to home and road construction, clearing of “unsightly, weedy” native thickets and replanting with exotic non-food producing plants such as lilacs (Heekin et al.1995). Plus, domestic cats, documented mountain quail predators (Reese et al. 1999), invariably accompany human occupancy.

Lower elevation portions of drainages throughout the area subject to this

petition are commonly in private or patchwork ownership, and are being subjected to increased development as human populations grow in the West.

Artificial feeder situations that accompany residential development may concentrate birds and increase exposure to predators and disease.

4. Dams and Impoundments.

Brennan (1989) and Reese and Vogel (1995) describe the situation where large water impoundments have degraded habitats of mountain quail. Dams eliminate winter habitat, and block migration corridors. Essential winter habitat has been flooded in many the areas subject to this petition. For example, the Hells Canyon Dam complex includes Brownlee, Oxbow, Hells Canyon Dams in western Idaho and eastern Oregon. Owyhee Reservoir has inundated the lower portion of the Owyhee and tributary drainages in eastern Oregon, and the Boise River impoundments have inundated lower elevation habitats.

Leopold suggested that mountain quail migrations may have been blocked during the impoundment phase, preventing mountain quail access to traditional habitat. Mountain quail have been observed dying from drowning or hypothermia when they tried to fly across wide water impoundments (Enderlin 1947, Leopold 1972, Gutierrez 1975, Brennan 1989). If mountain quail maintain traditional migration routes as suggested by Leopold (1972), and for which movements of translocated birds studied by Crawford and Pope (1999) may provide new evidence, then the impacts of large dam complexes, such as those on the Snake River, can not be over-emphasized. Since 1950, new dams resulting in nearly 200 miles of impounded water have been built on the Snake River. Vogel and Reese (1995 SR) lists 100 miles, however this is an underestimate. Around 140 miles of impounded water have resulted from the construction of 4 new dams on the Snake River below Lewiston in the 1960's (Dan Skinner, Idaho Rivers United pers. comm. to Fite 2000), and the Hells Canyon Dam complex of Brownlee, Oxbow and Hells Canyon impounded at least 50 new miles.

The mere presence of water developments can lower winter temperatures, and alter winter micro-climates of their immediate area, making it colder than what would have been historically normal (Brennan 1989). Large, stable masses of cold or semi-frozen water keeps steep canyon mountain quail habitats colder than they normally would be if not impounded. Surrounding temperatures are lower, and snow remains along shorelines longer.

Water impoundments flood the lowest elevation portions of tributary drainages, where areal extent of diverse riparian vegetation may have been

greatest prior to impoundment.

5. Exotic Vegetation Invasion of Mountain Quail Habitats.

ICBEMP’s “Highlighted Scientific Findings of the Interior Columbia Basin Ecosystem Management Project” states: “Noxious (exotic) weed spread is expected to accelerate dramatically” and notes that damaging noxious weeds are changing rangelands, leaving less habitat for wildlife (Quigley and Cole 1997). Cheatgrass and spotted knapweed are but two of the exotics aggressively invading the Basin in occupied and recently occupied mountain quail habitats. See Attachment 12, “Landscape Ecology - Forests and Rangelands: Potential Exotics”, “Susceptibility to Cheatgrass Invasion, Susceptibility to Knapweed Invasion” and “”Areas Susceptible to Exotic Weed Invasion”.

Exotic weedy species choke out or supplant desirable mountain quail food plants, and can hinder or impede mountain quail movement and foraging behavior. Use of herbicides to control weedy exotics in mountain quail habitat without careful targeting of weeds can kill food-producing shrubs.

Smith and Holland (pers. comm.1999) emphasize that the massive spread of exotic weeds in the Basin is having a serious impact on all upland bird habitat. Yellow star thistle is of special concern in the Snake River Basin/Hells Canyon. Yellow star thistle establishes monoculture stands on south facing slopes and in newly disturbed soils. Once established, it can out-compete native perennials. It has no value for native wildlife (Smith and Holland pers. comm 1999). Kavanaugh’s personal observations of sites evaluated by Yocum in 1953 in the Tucannon River Basin area find yellow star thistle encroachment. Beneficial food plants (Lotus spp., Lupinus, Lathrys, Medicago, Madia) [some of these are exotics] were not observed. The mountain quail decline in southeastern Washington coincided with spread of yellow star thistle (Kavanaugh pers. observation 1999). Biological controls are being investigated by Washington State University (Jackson pers. comm.1999). Herbicides such as Tordon are being used.

The presence of roads and livestock grazing facilitates weed spread in mountain quail habitats.

6. Habitat Fragmentation.

It is known that 80-90% of riparian habitat in these arid Western lands has been eliminated. The remaining small areas of suitable habitat are small and isolated from one another, or too widely spaced to support viable mountain quail populations. These populations tend to “blink out” over time due to events such as fire, drought, severe winter. Re-colonization is prevented if distance between suitable habitats is too great (Sands et al.

1998 CP). A consequence of habitat fragmentation to chaparral-related birds in isolated canyons is high extinction rates. Population size or density is an important general predictor of vulnerability to extinction (Soule 1986, Soule 1999).

Human activities have degraded or destroyed mountain quail habitat. Fragmented islands of habitat are too small, and can support relatively few quail. These small, isolated populations are more vulnerable to extinction due to range fire, drought or diseases, or to negative genetic effects of inbreeding (Vogel and Reese 1996 HCA). Loss of shrub cover due to overgrazing, frequent fires, invasion of exotic annuals or perennials, or conversion to agriculture, could result in the isolation of fragmented populations as mountain quail movements are constrained by large expanses of bare ground (Reese et al. 1999).

Livestock grazing continues to degrade and alter riparian habitats. Development and residential sub-division of remaining habitat is continuing, and even accelerating. Exotic species such as yellow star thistle and knapweeds, are spreading into disturbed sites in the Snake River Basin, and throughout the interior Columbia Basin. Each of these factors serves to further impact and fragment mountain quail habitats.

Fragmentation from roads constructed paralleling stream courses may be particularly significant in steep rugged country often inhabited by mountain quail. Often, the only place to locate roads in mountainous terrain is through the periphery of the floodplain, thus further narrowing important riparian shrub habitats for long bands along drainages.

Isolated mountain quail populations in fragmented habitats may be threatened by reduced fitness from genetic drift.

Population consequences of habitat fragmentation, many or all of which may be operating to impact mountain quail in the area subject to this petition, include the area effect, the isolation effect, the isolation and distance effect, effects on keystone species, the rarity effect, disturbance dynamics, and the cumulative (age) effect --- as discussed in an understandable manner by Soule (1999).

7. Losses of Migration and Dispersal Corridors Are Tied to Habitat Fragmentation.

Extensive riparian and upland shrub, including sage-steppe, habitat losses have previously been discussed. Studies of chaparral-requiring species in California found a very high rate of extinction in isolated canyons. Most species disappear within a few decades following isolation of habitat patches (Soule et al. 1986).

Brennan (1986), (1989) feels that, due to riparian area degradation, large areas of essential riparian migration corridors have been disconnected from the wintering areas to summering areas. For an altitudinal migrant, loss of migration corridors due to livestock grazing, dams, human development or large-scale fires, can be devastating.

8. Losses of Winter Habitat May Have Critical Impacts.

Mountain quail deaths in snow and winter conditions have been repeatedly documented. Following severe winters, few quail are encountered (Howell 1917). Delehanty (1997) describes radio-collared mountain quail wedged in rock crevices dead from exposure following heavy snow. This followed a winter release of these birds. Heavy snows and extreme winter temperatures can severely deplete mountain quail populations and are often accompanied by swift declines in mountain quail numbers (Reese et al. 1999 citing Miller 1950, Jewett et. al. 1953, Edminster 1954, Gutierrez 1975). Pope and Crawford (1998) observed 40% over-winter loss of translocated quail. Losses of 47% and 75% were observed in resident, non-translocated quail in west-central Idaho, and periods of greatest loss were correlated with heaviest snowfall (Reese et al. 1999). Winter survival of mountain quail in west-central Idaho may fluctuate based on severity of winter weather, especially snow depths at low elevations (Reese et al. 1999).

During winter, mountain quail inhabit dense shrub thickets along creek bottoms in west-central Idaho. If shrub thickets are not dense enough to provide adequate protection from weather and predators, this may explain low survival rates of mountain quail (Reese et al. 1999). To escape harsh winter weather and snow, mountain quail require shrub habitat at lower elevations. It has long been suggested that conditions on wintering grounds may limit avian species populations (Fretwell 1972).

Livestock grazing, agricultural and residential development, roading, exotic weed invasions and other disturbances continue to degrade lower elevation mountain quail winter habitats throughout the area subject to this petition.

Crawford and Pope (1999) noted high mountain quail mortality in spring when mountain quail were separated from winter coveys, paired with another bird, and had moved to breeding ranges. This may indicate good habitat on breeding range is also vital to mountain quail.

Raptor predation on radio-collared birds translocated into novel environments in Nevada (Delehanty 1997). Stiver (pers .comm. Kavanaugh) notes avian predation. Reese et. al. (1999) found avian and mammalian predation (including domestic cats) on quail. As mountain quail are

concentrated into degraded, fragmented, or suboptimal habitats, particularly during the winter, significant rates of predation are likely. Habitat encroachment by residential development and the inevitable associated domestic cats may have rapid impacts on populations.

9. Pesticide and Herbicide Use in Wild Lands.

Pesticides and herbicides are widely used throughout the Snake River Basin within the previous and existing range of mountain quail.

1. Martinson (pers. comm. 2000) reports that large areas of southeast Washington were sprayed by the Soil Conservation Service (SCS) in the late 1960s to kill shrubs on rangelands in an attempt to increase grass forage production for livestock grazing. Impacts on deer and riparian species were widespread and rapidly noticed. The herbicide used was 2, 4-D. The program included both public and private lands. Similar mass-herbiciding efforts occurred in Oregon (Farris pers. comm. 1999). Stiver comments on the role of massive herbicide use in killing native vegetation in Nevada in areas previously occupied by mountain quail, and where they are now extirpated (Stiver pers. comm. 1999).

2. Use of insecticides can detrimentally affect non-target vegetation. Indisciminate use of non-selective, broad spectrum herbicides such as Tordon to control yellow starthistle and other noxious weeds can eliminate desirable mountain quail shrubs and food plants.

3. Use of herbicides can decrease insects essential to galliform chick survival. Indirect impacts of pesticides on the production of wild gamebirds has been studied in Britain. Partridge chick survival was found to be linked to availability of insects, and use of herbicides can decrease insects eaten by chicks through elimination of insect-producing plants (Church et al. 1990), (Sotherton and Robertson 1990).

4. Herbicide spraying is used to control noxious weeds. Possible indirect impacts include: 1) Unrestricted use of herbicides in riparian areas would reduce food and cover plants. 2) Direct mortality from Tordon. 3) Use of pesticides (and herbicides) could also reduce the essential insect population for juvenile mountain quail during the first two weeks of life.

5. Forested regions in mountain quail habitat have been treated to control outbreaks of pine beetle, spruce budworm tussock moths, and other insects. Range lands are treated periodically to control grasshopper infestations. Blaus (USFWS pers. comm. 1985) found bird mortality from pesticide use in Washington.

Expanded and accelerating use of herbicides in mountain quail habitats can

be expected as noxious weeds proliferate, and control measures are attempted.

10. Simplified Riparian Habitats Result As Grazing and other Riparian Habitat Alteration Continues.

Rickard and Cushing (1982) found that in the absence of livestock grazing, woody plants have increased in stature and density and now form a more or less continuous tree corridor along the entire length of a stream excluded form cattle grazing. Willows are most tolerant, tenacious species to survive over-grazing pressure because they form extensive root networks and spread from root sprouts. Brennan (1989) states that most shrubs that provide food for mountain quail are not resistant to being trampled by cattle - as are willows. In Boise District BLM lands, the majority of the riparian area habitat plants provided cover but not food resources for mountain quail (Brennan 1999 pers. comm, Fite continued field observations 2000).

Mountain quail use sites have little or no willow cover. Brennan (1989) hypothesized that mountain quail avoid willow, because even though willows provide cover, they provide nothing in the way of food. Grazing and trampling effects of cattle eliminate important mountain quail food species, such as elderberry, Ribes, and snowberry. Riparian shrub communities in west-central Idaho are being simplified to predominantly willow stands by over-grazing and trampling by cattle. As a result, mountain quail may be forced out of riparian corridors to find food. Reese et al. (1999) verified avoidance of willows by mountain quail in winter habitats. In a study in California, heavy grazing removed or stunted 90% of the herbaceous annual plants that mountain quail use for food and non-food annuals increased (Miller 1950).

In western Idaho, available riparian and upland shrub habitat has drastically declined due to overgrazing, exotic species invasions, water impoundments, residential developments, agricultural practices, and other human activities (Brennan 1989).

11. Simplified Upland Habitats Result from Fire and Cheatgrass Invasion.

Cheatgrass truncates plant community succession. Seedling establishment of perennials is limited by cheatgrass competition (Young 1994) Cheatgrass invasion following fire in shrub-steppe habitats in the northern and western Great Basin and Interior Columbia Basin has triggered drastic changes in the arid lands ecosystems (Whisenant 1991). Native shrub-steppe ecosystems can be converted to simplistic annual grasslands (Billings 1994). Peripheries of riparian areas, already greatly reduced in areal extent due to lowering of water table and other factors caused by livestock grazing, can be invaded

by cheatgrass or other exotics and become monocultures, thus further constricting habitat for mountain quail, and limiting recovery of habitats. See Attachment 13, “Sagebrush-Bunchgrass Conversion to Exotics” (Billings 1994) and “Altered Sagebrush Cycle”(USDA/USDI 1996).

Unfortunately, if mountain quail are forced out of degraded riparian habitats to find food, they encounter degraded upland communities, typically with a much-reduced forb component even if shrubs are still present.

12. Simplified Upland Habitats Have Resulted from Conversion of Sagebrush and Purposeful Planting of Crested Wheatgrass and Other Exotic Species For Livestock. Stiver (in Vogel and Reese 1996) discusses mountain quail habitat loss due to cover-type conversion through seedings. In Nevada, range conversion to crested wheatgrass is a significant factor in the destruction of mountain quail habitat (Stiver in Vogel and Reese 1996). Paige and Ritter (1999) discuss harmful impacts of extensive sagebrush conversion (eradication) projects to native avian species that occurred from the 1930's to the 1960's.

Federal agency projects such as the Vale Project eliminated shrub cover from millions of acres of public lands in southeastern Oregon in the 1960s. Vale BLM land management decisions in 2000 perpetuate continued elimination of shrub cover. Vale BLM proposals (BLM Bully Creek LAMP 2000) continue to emphasize removal of sagebrush and other shrubs recolonizing crested wheatgrass “seedings” in historic mountain quail habitats.

Mountain quail in California demonstrated near-total avoidance of grasslands (Vogel and Reese 1995 SR).

13. Fire Effects.

Fire may be beneficial to mountain quail habitat in forested sites, or areas with broad bands of continuous habitat (Gutierrez pers. comm. 1999), (Brennan 1999 letter to Kavanaugh). Fire creates early seral plant communities often with dense food-producing shrubs favored by mountain quail. In moister portions of mountain quail habitats, fire may create brushy openings. Crawford and Pope (1999) found open, early seral or disturbance-associated plant species in crops of mountain quail in southwest Oregon.

However, in more arid mountain quail habitats, fire can result in invasion of exotic species. Faced with continued grazing pressure, diverse plant community can not develop following fire. Also, burning of essential habitats in any ecosystem, particularly in already-fragmented landscapes, can result in extirpation of quail. In central Nevada, mountain quail populations disappeared after massive wild lands fires were followed by severe winter

weather. Island populations became extinct. Stiver (in Vogel and Reese 1995) states that response to fire and subsequent site rehabilitation is not aggressive or immediate enough to minimize negative impacts on vegetation communities. Large fires that destroy essential riparian and shrub habitat are a limiting factor to mountain quail (Stiver pers. comm. 1999). 14. Fire Suppression.

In forested habitats, or environments with extensive continuous expanses of mountain quail habitats, creation of early seral habitats may benefit mountain quail (Attachment 11, Brennan 1999 letter to Kavanaugh) (Vogel and Reese 1995 SR). In this letter, Brennan mentions recent sightings of mountain quail in Lowman fire area in forested habitat in Idaho. Crawford (pers. comm. 1999) discusses the view that in forested areas mountain quail may be an early seral stage species, and may be fire dependent.

However, “every effort should be made to quickly extinguish wildfires in mountain quail habitat unless the fire occurs within a previously approved prescribed burn area and the conditions are within the management prescription” (Sands et al. 1998 CP).

Exotic species invasions following site disturbance by fire may be detrimental in arid lands (Crawford pers. comm.1999).

15. Forest Practices

Effects of forest practices on mountain quail can be beneficial or negative. Any forest practices that eliminate riparian habitat, eliminate food resources, or disrupt migration corridors would be harmful. Clearcutting large areas of pines would reduce important pine seed food sources. Wide areas devoid of tree or brush cover would not be used by quail. Canopy closure is essential for mountain quail to survive adverse winter conditions (Gutierrez pers. comm. 1999).

Thinning that opens up the tree canopy and allows an increase in shrubs and understory food plants may be beneficial, if herbicides are not also used. In forested habitats, optimum conditions for mountain quail are found in uneven aged forests with adequate early seral forest communities.Clearcuts are not favorable for mountain quail in Idaho. Silvicultural practices that leave a 10-20% canopy cover of large trees are better at maintaining a desirable 25-50% cover of shrubs (Sands et al. 1998 CP).

16. Island Populations are Vulnerable to Extinction.

Brennan (1989) describes eastern Oregon and Idaho mountain quail populations as being Island Populations. These birds occupy non-continuous

habitat along bands of riparian areas. Fragmentation of riparian habitat has resulted from overgrazing, agricultural development, water impoundments, residential developments and roading. Riparian habitats were a pathway during seasonal movements, and provided a continuous source of cover, food, and water. Brennan’s observations are paralleled by Crawford in central Oregon, where mountain quail occupy widely separated areas with little suitable habitat intervening (Crawford pers. comm. 1999).

Isolated populations are subject to extinction from events such as large fires, disease or drought. Small, isolated populations may be threatened by reduced fitness from inbreeding or genetic drift (Brennan 1990). In central Nevada, mountain quail populations disappeared after massive wild lands fires were followed by severe winter weather. Island populations became extinct (Stiver pers. comm. 1999).

Disappearance of species from remnant habitats occurs due to area effect, edge effects, isolation and distance effects, loss of keystone species, the rarity effect, scale of disturbance, and cumulative or age effects, as described by Soule (1999).

17. Adverse Weather in Combination with Other Environmental Problems Can Seriously Impact Declining Populations

Prolonged deep winter snows cause mortality. Severe winter weather was know to cause mortality in central Nevada (Stiver pers. comm.1999). Severe prolonged drought may also impact populations (Vogel and Reese 1996). With severe drought, coveys may remain together in the spring rather than form pairs, and none of the birds will breed (Edminster 1954), (Leopold 1972) (Vogel and Reese 1996 HCA). Edminster (1954) felt that weather conditions are the dominant influence in mountain quail productivity in some areas. Cold wet spring weather may decrease insect abundance for chicks. Warm dry spring weather produces good insect populations. (Denny and Black pers. comm. 1999, Crawford and Pope pers. comm. 1999). Adverse weather followed by habitat destruction could limit population viability (Mastrum pers. comm. 1999).

Harsh winter weather or drought occurring in suboptimal or fragmented habitats may have cumulative harmful impacts on mountain quail populations.

18. Competitive Exclusion By Introduced Game Birds

Gutierrez tested the hypothesis of competitive exclusion of mountain quail by California quail in California where both species are sympatric. He found that they effectively partitioned resources, No negative impacts were found

(Gutierrez 1977, Vogel and Reese 1995 SR).

Competition between mountain quail and other introduced galliforms has not been tested in areas subject to this petition, where habitat may be more restricted and overlap during critical periods of the year with introduced galliform species. Interactions with chukars have not been examined. IDFG (1978) stated that competition may exist between mountain quail and chukars, but interspecific competition has not yet been assessed. California quail also are not native to areas subject to this petition.

X. OVERUTILIZATION FOR COMMERCIAL, RECREATIONAL, SCIENTIFIC OR EDUCATIONAL PURPOSES

Overutilization for commercial, recreational, or scientific purposes does not appear to significantly affect mountain quail. Heekin has noted some accounts of hunters killing one mountain quail, or killing several in an area (Vogel and Reese 1996 HCA). Mountain quail season is closed in northern Nevada, all of Idaho, southeastern Washington, and some of eastern Oregon. Incidental take [by hunters pursuing other species] is probably minimal because mountain quail are secretive, wary, and escape from danger by walking into dense cover, rather than flushing (Vogel and Reese 1996 HCA).

XI. DISEASE OR PREDATION

A. Disease. Available literature does not document extent of parasitic infestations or disease on mountain quail individuals or populations. Tapeworms, round worms, external parasites and mites have been found in wild mountain quail (Vogel and Reese 1995 SR). Protozoan parasites have been found in captive birds (Vogel and Reese 1995 SR).

Mountain quail are vulnerable to a bacterial disease commonly known as quail disease, ulcerative enteritis (Vogel and Reese 1995 SR).

B. Predation. Predators include the domestic cat, gray fox, and bobcat. Primary nest predators include ground squirrels, striped skunks, snakes and corvids. Occasional predators include coyotes and weasels (Vogel and Reese 1996 HCA). Increased predation by domestic cats and avian nest predators can be expected as human development continues to encroach on mountain quail habitat. Accipitrine hawks, great horned owls, and house cats are considered the most effective predators of juvenile and adult birds. These species have the greatest impact when birds become concentrated and cover is limiting (Sands et al. 1998 CP).

The most common avian predators of adult and juvenile mountain quail are the Cooper’s hawk (Accipiter cooperii), sharp-shinned hawk (Accipiter

striatus) and the northern goshawk (Accipiter gentilis), and that accipitrine hawks may learn to hunt quail at feeding stations or near water sources (Reese et al. 1999). Mammalian predators include domestic cats, gray fox, and bobcat. Reese et al. (1999) felt that as development proceeds along the Salmon River and its tributaries, loss of wintering quail to domestic cats may increase. It is suspected that skunks, raccoons, weasels and opossums also take mountain quail eggs when nests are located. Stiver feels avian predation on juvenile mountain quail may be significant in areas where there is inadequate cover (Stiver pers. comm. 1999). Kavanaugh observed sharp-shinned hawks making repeated attempts to catch juvenile mountain quail in Jackson County, Oregon. Owls, such as the great horned owl Bubo virginianus may prey on mountain quail (McLean 1930, Rue 1973 cited in Vogel and Reese 1996).

Primary nest predators include ground squirrels Spermophilus spp., striped skunks Mephitis mephitis, snakes, and jays, ravens and crows (Corvidae family). Occasional predators of birds and eggs include coyotes Canis latrans and weasels Mustela spp. (Vogel and Reese 1996 HCA).

Concentrations of mountain quail at feeder situations in areas where residential development has intruded on winter habitat may result in increased exposure of mountain quail to both predators and disease. XII. PREDICTED DOWNWARD TREND IN HABITAT CONDITIONS AND LINKS TO DOWNWARD TREND IN ARID LAND MOUNTAIN QUAIL POPULATION SIZE AND RANGE

A. Increases in fragmented habitat: “Taken in its entirety, the landscapes of the Interior Columbia Basin and portions of the Klamath and Great Basins became more fragmented between the historical and current periods” (Quigley and Arbelbide 1997, p. 761). ICBEMP documents increasing fragmentation trends within four terrestrial community groups, including upland herbland and upland shrubland. Conversion of lower elevation sagebrush and arid shrub land habitats to cheatgrass monocultures following fire is an issue of ever-growing conservation concern West-wide.

B. A factor causing habitat decline has been the reduction in riparian shrub cover and change in riparian species due to grazing. The condition of rangelands in the Basin generally has improved ..., with the exception of riparian areas, which have continued to decline in much of the Basin.” (Quigley and Arbelbide 1997, p. 1887).

Within the Interior Columbia Basin, sagebrush and bunchgrass cover types experienced greater losses than any other habitat and will probably continue to decline with the cumulative impacts of present land uses (Saab and Rich 1997), (Paige and Ritter 1999).

C. Exotic weeds are increasing dramatically throughout the region, including mountain quail habitats (Quigley and Cole 1997). For example, yellow star thistle invasions and increases in the Snake River Basin, and knapweed and cheatgrass virtually everywhere.

D. The population viability analysis conducted by ICBEMP for mountain quail had the poorest outcome scores of any population viability analysis conducted for any upland bird or raptor species in the UCRB (Quigley et. al. 1997, p. 619-620). Under “Evaluations of the ICBEMP Draft EIS management Alternatives”, mountain quail scores in Table 4.12 for “mean viability outcomes for habitat and populations of raptors and gamebirds” predicted the poorest possible outcomes on BLM and Forest Service lands, and for cumulative effects, for mountain quail in the Upper Columbia River Basin of any raptor or gamebird assessed. Scores for mountain quail were worse (higher numerical value) than those assigned to Columbian sharp-tailed grouse. Mountain quail scores were worse than those for western snowy plover (Table 4.10, p. 603) and bobolink (Table 4.16, p. 658). The only avian species that had poorer projected population viability outcome scores (higher scores) was the yellow-billed cuckoo (Table 4.16). See Attachment 14, contains Tables and excerpts from ICBEMP analysis.

Mountain quail mean viability outcomes for habitat and populations for the UCRB area ranged from 4.3 to 4.7 (only yellow-billed cuckoo had poorer population viability scores). Current viability was 4.7. For the EEIS area, mountain quail scores ranged from 3.4 to 3.7 (some other avian species avian species had poorer scores for the EEIS area).

It must be noted that several migratory songbird species dependent on western riparian habitats also have poorer viability outcomes (higher scores) than most other non-riparian species. See Attached Tables: willow flycatcher, yellow warbler, yellow-breasted chat, red-eyed vireo outcomes, and previously mentioned yellow-billed cuckoo viability outcomes. Protection and conservation of the riparian shrub ecosystem upon which mountain quail depend will be a first step towards enhancing long-term viability of populations of other western riparian-dependent birds.

Also, in comparison to viability outcomes for Interior Columbia Basin charismatic mammals, mountain quail population viability scores for the UCRB area are nearly as poor as those provided in Table 4.20 for several rare, charismatic mammals, and are worse than those of American marten, fisher, and gray wolf (Table 4:20, p. 680).

ICBEMP Basis for Population Viability Outcome Scales Used in Developing Scores:

Outcome Scales: Habitat Conditions on Forest Service and BLM-Administered Lands

*Outcome 4: Habitat is typically distributed as isolated patches, causing strong limitations for population interactions among patches and limited opportunity for dispersal among patches. Some local populations may be extirpated and rate of recolonization will be slow. * Outcome 5: “Habitat is very scarce throughout the area with little or no possibility of interactions among local populations, strong potential for extinctions, and little likelihood of recolonization” (Quigley et. al. 1997, p. 543).” See also Attachment 14.

Cumulative Effects Outcome Scale: (Emphasizes actual conditions of populations)

* Outcome 4: Populations are typically distributed as isolated sub-population with strong limitations in interactions of sub-populations and limited dispersal among patches. Some local populations may be extirpated, and rate of vacant habitat colonization will be slow. * Outcome 5: Populations are highly isolated throughout the area with little or no possibility of interactions among local population, strong potential for extirpations, and little likelihood of vacant habitat recolonization” (Quigley et. al. 1997, p. 544). See also Attachment 14.

This analysis describes likely future conditions for species and habitats and provides for comparison of those conditions to current and historic conditions. (Quigley et. al. 1997, p. 547). Projected future outcomes that produce outcomes similar to historic conditions should be generally considered as favorable. “Under all alternatives, both habitat and populations [of mountain quail] in the UCRB are projected to remain patchy and isolated to varying degrees” (Quigley et al. 1997, p. 607).

Abundant evidence shows that mountain quail are being impacted by a broad range of human activities, and human-induced changes to landscapes. The status of remaining populations in the area subject to this petition constitutes a precarious situation. Habitats continue to be degraded, and populations are extremely fragmented and small. Many populations have been reduced to isolated units.

There is no current protection for the riparian and shrub habitats upon which mountain quail depend. There is a high probability that if the human impacts that continue to threaten these populations are not appropriately, and immediately, addressed, additional extinctions will occur.

Recovery of the areal extent and diversity of riparian and interfacing upland shrub habitats necessary to support viable mountain quail populations must

be undertaken and accomplished at a landscape level.

XIII. OFFICIAL ACTIONS THAT SHOW THE SITUATION IS CRITICAL

Official actions that demonstrate the critical nature of the situation include the designation of mountain quail as sensitive and candidate species, by state and federal agencies.

In addition, mountain quail populations within individual states, or arid regions of states, have declined to such low levels that complete bans on harvest have been instituted, as follows:

Idaho: 1984 to present, the hunting season closed.Nevada: The season is closed in northern and central Nevada, and open on the east side of the Sierra Nevada mountains.Oregon: The season is closed in southeastern Oregon.Washington: The season closed in southeastern Washington.

XIV. SUMMARY OF CONSERVATION STATUS OF MOUNTAIN QUAIL IN THE NORTHERN AND WESTERN GREAT BASIN AND THE INTERIOR COLUMBIA BASIN AND LANDS TO THE CASCADE CREST

Idaho: 1990. Listed as a Species of Concern, Category A - Priority species. G4/S2 Species. (Moseley and Groves 1990). 1994. Heritage Rank: G4/S2. S2 within the state of Idaho is imperiled because rarity or other factors make it vulnerable to extinction. (Idaho Conservation Data Center 1994).Nevada: Not known. Oregon: Mountain quail are not tracked by the Conservation Data Center, due to their abundance west of the Cascades (E. Gaines pers. comm. to Fite 2000).Washington: Following Kavanaugh’s January 2000 presentation to WDW, conservation status of mountain quail in Washington may be elevated. At present, there is no special status.

USFWS: 1991. Candidate review for listing as threatened and endangered species. Category 2 species in Region 1. (USDI/USFWS 1991), (Moseley and Groves 1992). 1994. Downgraded to Category 3c. (USDI/USFWS 1994). This downgrade is questioned in Vogel and Reese 1996 HCA. XV. INADEQUACY OF EXISTING REGULATIONS

Despite closures of hunting seasons, non-Endangered Species Act designations by state and federal agencies, and current and planned conservation measures, significant threats to mountain quail in the northern

and western Great Basin and the Interior Columbia Basin and lands to the Cascade Crest remain. These threats continue to exert strong pressures on remnant populations. Implementation of grazing control measures or other actions intended to improve habitats have not occurred, or have been limited or insufficient. Agency management goals are not adequate to cause on-the-ground changes necessary to protect habitats. Agency time frames to achieve even modest improvement in on-the-ground habitat conditions on public lands are extraordinarily long, for a species that is now reduced to very low numbers throughout the area subject to this petition. For example, BLM’s new 1999 Owyhee Resource Area Resource Management Plan predicts that 20 years will be required to bring streams throughout the Resource Area into Proper Functioning Condition. Streams may be greatly depauperate in riparian shrub species necessary for mountain quail, and still be considered in PFC.

Despite promises on paper ranging from BLM Land Use Plans to a long series of Draft conservation documents in Idaho, little on-the-ground action to improve mountain quail habitats and long-term population viability has occurred. Washington has long failed to take necessary action when faced with plummeting quail populations. There is a lack of coordination between state and federal agencies at both an interstate and intrastate level. Critical habitats on private lands continue to be developed (west-central Idaho). Continued fragmentation and loss of low elevation habitats continues throughout.

Mountain quail are legally listed in Idaho, Nevada, Oregon, and Washington as game birds with state regulations determining the opening and closing of hunting seasons and bag limits.

1. Inadequacy at State Levels

Idaho: The hunting season has been closed since 1984.

Despite listings as a “State Species of Concern, Category A. Priority Species ” in Idaho since 1990, CDC Heritage Rank of G4/S2 (imperiled because of rarity or because other factors make it vulnerable to extinction) within Idaho since 1994, the species has continued to decline. There has been no coordinated statewide effort to address declines - only a series of Draft conservation documents, each with lower expectations of accomplishments than its predecessors.

The 1995 Draft Habitat Conservation Strategy for Mountain Quail (Oreortyx pictus) in Idaho and Northern Nevada identified current and potential threats and proposed conservation actions.

The 1995 and May 1996 Drafts of a Conservation Assessment for Mountain

Quail (Vogel and Reese 1995, 1996) identified known and potential threats as Habitat Destruction caused by agriculture, overgrazing, residential development, water impoundments, and forestry practices. These Draft HCAs recognized the need to focus on riparian habitat rehabilitation at a landscape level and felt that land use policies must emphasize conservation and rehabilitation of areas that are publicly owned and that currently support quail populations. It was also stated that measures must be promoted that will conserve and improve habitat on private land.

The 1998 Draft Idaho Mountain Quail Conservation Plan. Sands et. al. proposes a more limited set of actions, and a limited number of reintroduction sites. The plan fails to identify specific habitat measures to be taken at specific sites, does not identify minimum viable population sizes, and does not undertake active planning on a landscape level, despite the May 1996 HCA (Vogel and Reese 1995) stating landscape level planning is a necessity. It also ignores southern Idaho public land sites that were identified in previous planning documents as important habitats.

In Idaho, possible action by the Idaho State Legislature would remove control of special status species from the direct hands of the IDFG, and place it in the Governor’s office in a state office of Endangered Species. Both an MOU addressing ESA issues and the various conservation documents are still considered Drafts. Agency disarray has kept some of these documents in limbo for five years. Plus, the future of endangered species oversight in Idaho is now highly uncertain. It is controversial. It is feared that politics, not biology, may chart the course of future Idaho actions in this arena if declining species issues and ESA issues are moved to the Governor’s office where political expediency, rather than biology, may dictate the course of rare species habitat and population issues.

The 1998 Draft Idaho Mountain Quail Conservation Plan (Sands et. al. 1998) fails to even mention sites that in the 1980's and into the early 1990's were identified for enhancement for mountain quail, and where mountain quail had recently (the 1970's and 1980's) been observed. This includes sites were identified in the Bruneau-Kuna EIS and Sun Valley MFP, and even the Draft 1994 Bennett Hills RMP (no Final RMP was ever produced). This includes sites such as King Hill Creek, Shoofly Creek, and Big Jacks Creek and numerous Owyhee Front drainages.

In Washington, Kavanaugh experienced a long history of agency denial in calling the plight of mountain quail to the attention of WDFW. Oregon has stated that “time and budget constraints” do not allow inventories for mountain quail to occur (see Attachment 11, letter from Clair Kunkel to Kavanaugh 4/21/99).

Mountain quail do not fall under any protective legislation, but rather the

policies of individual agencies. Substantial evidence exists that despite a long series of Draft policies, assessments, and proposals, as in Idaho, the habitat associated with mountain quail continues to deteriorate. Despite a Goal of the 1995 HCA (Vogel and Reese 1995) being to acquire private land in imminent danger of being sold for subdivisions, this private land was not acquired (Sands pers. comm. 2000 to Fite). Habitat loss to development proceeds apace.

Nevada - The mountain quail season is open along the east side of the Sierra Nevada Mountains, but closed over the rest of the state.

Nevada Division of Wildlife (NDOW) released mountain quail in the upper Bruneau watershed in the mid-1990s. Their persistence today may be questionable.

Oregon - Field studies on behavior, life history and re-stocking in an experimental setting are underway in Wallowa County. There is a lack of a coordinated statewide strategy or plan, despite recent extirpations from Malheur, Baker and other counties.

Oregon allows hunting northeast Oregon in Wallowa County, and in Wasco and Hood River counties in central Oregon. There is a long hunting season in counties west of the Cascade Crest.Oregon keeps the hunting season open in northeast Oregon to maintain a trophy hunting opportunity and to obtain harvest data from hunters (Coggins pers. comm.1999). Mountain quail populations are not inventoried (Attachment 11: Letter from Kunkel to Kavanaugh 4/21/99).

Washington - Washington has closed the hunting season on mountain quail in southeastern Washington, while hunting is still allowed in West side counties. In the late 1980's both Washington and Idaho recognized that mountain quail populations in the Snake River Basin were in serious decline and took actions to close the hunting season (Ware and Heekin pers. comm. 1999).

2. Inadequate action by USFWS. The USFWS downgraded the status of the mountain quail in Idaho, Washington and Oregon from a C2 species in 1991 to a 3C species in Region 1 in 1994 --- while aware that drastic declines were continuing in Idaho and substantial portions of Oregon and Washington. Through this downgrading effort, the USFWS may have put mountain quail more at risk by delaying any effort for a federally coordinated recovery plan following the appropriate threatened or endangered species listing. USFWS has downgraded mountain quail from a Category 2 species, despite resounding evidence of continued population declines. Vogel and Reese (1996 HCA) commented on this puzzling development:

“Although little new information has become available, this species was reclassified as a Category 3C species in Region 1 (USDA 1994). Species in the 3C category may be more abundant or widespread than previously thought, or are not subject to an identifiable threat. The current listing may reflect the status of mountain quail in California and western Oregon where they are more abundant; however, studies indicate that it does not reflect the status of populations In Idaho, Nevada, eastern Oregon, and Washington (Morache et. al. 1985, Alcorn 1988, Robertson 1989, Brennan 1990, Washington Department of Wildlife 1993, Brennan 1994, M. Pope and J.A. Crawford, pers. commun., S.J. Stiver, pers. commun.). In these areas, mountain quail distribution and abundance have declined significantly from previous levels.”

State agencies have discussed and put forth various conservation proposals aimed at improving mountain quail habitats. While petitioners encourage action to alleviate threats to mountain quail detailed in this petition, a number of courts have held that future conservation efforts cannot serve as a basis for denying ESA protection to species that meet the Act’s biological listing criteria. Moreover, past experience in Idaho and elsewhere has shown that plans to improve riparian habitat for mountain quail have fallen far short of their expected results, or have never come to fruition. Upland habitats interfacing with riparian habitats in these arid interior lands continue to be degraded by exotic species invasions, and abusive land use practices.

Conservation plans and measures relevant to mountain quail in arid interior lands are not sufficient to preclude ESA listing of this distinct population segment. They are valuable for improving habitat. ESA listing should be viewed as a challenge to better coordinate existing conservation efforts to address the underlying problems of degraded terrestrial shrub habitats.

Mountain quail must be elevated above backburner status in on-the-ground activities of federal and state agencies. If future conservation efforts succeed in securing mountain quail and their habitat, the ESA provides mechanisms to remove this species from listed status.

Once such protection is enacted and changes in land-use management and habitats are secured, improvements in mountain quail habitat will occur.

XVI. RISK OF EXTINCTION OF POPULATIONS

The status of these populations constitutes an extremely precarious situation:

1) Continued habitat loss and degradation: Habitats continue to be degraded, and remaining mountain quail populations are small, and isolated

by fragmented habitat. Habitat for the best known population mountain quail in Idaho is currently being developed for residential purposes. Brush-clearing, construction, and introduction of predators such as domestic cats is occurring. It is being fragmented and destroyed. Archaic Land Use Plans govern livestock grazing on many BLM lands in southern Idaho, and only glacial-paced change, at best, is occurring on the ground. Mountain quail are a backburner issue, and a low-priority species in federal agency management. They are ignored in on-the-ground implementation of management actions on most public lands.

2) Small, isolated populations that remain are vulnerable to extinction. If the decline of a population is unchecked, a threshold is reached at which the probability of extinction from genetic, demographic, or environmental stochasticity increases sharply. Habitat destruction can reduce a population to a point where extinction from a stochastic event, such as drought or random variation in sex ratio is inevitable. This describes the risk of extinction of populations of mountain quail in the area subject to this petition. Smaller and more isolated disjunct populations are likely to be more susceptible to local declines or extinctions. (Quigley and Arbelbide 1977, p.77).

3) Large areas of inhospitable expanses block dispersal and re-colonization. Habitat connectivity has been lost (Brennan 1989).4) The best available current scientific evidence indicates that the condition of riparian vegetation communities essential to mountain quail has not improved in the Interior Columbia Basin (Quigley and Arbelbide 1997).

5) Invasions by noxious weeds such as knapweed and yellow starthistle, and increases in exotics such as cheatgrass in interfacing shrublands, proceed throughout the Interior Columbia Basin in mountain quail habitats (Quigley and Cole 1997).

6) Residential development proceeds on private lands in the heart of the best remaining mountain quail habitat in Idaho (Sands et al. 1998 CP).

7) Large-scale fires continue to occur in Nevada. More than 1 million acres of lands burned in a 1999 fire in northern Nevada, with predictable consequences for mountain quail habitats.

8. The ICBEMP Scientific Evaluation population viability assessment for mountain quail predicts a grim future for mountain quail in the UCRB area, and throughout the Interior Columbia Basin (Quigley et al. 1997). Other avian species tied to riparian habitats also have bleak population viability assessments.

ICBEMP predicts a grim future for mountain quail under all management

alternatives. Under Evaluations of the ICBEMP Draft EIS management alternatives, mountain quail scores in Table 4.12 for “mean viability outcomes for habitat and populations of raptors and gamebirds” predicted the poorest mean outcomes on both BLM and Forest Service lands, and poorest mean cumulative effects outcomes in the UCRB area, for mountain quail of any raptor or gamebird assessed. Scores for mountain quail were worse (higher) than Columbia sharp-tailed grouse, western snowy plover and bobolink, and of all avian species, only yellow-billed cuckoo had poorer population viability outcomes. See Attachment 14.

Migratory songbird bird species dependent on western riparian habitats also have poor viability outcomes (higher scores) than most other avian species. Protection of the riparian ecosystem and diverse shrubs upon which mountain quail depend will be a first step towards enhancing long-term viability of other western riparian-dependent birds. See willow flycatcher, yellow warbler, yellow-breasted chat, red-eyed vireo outcomes, and previously mentioned yellow-billed cuckoo population viability outcomes for the UCRB and EEIS areas.

There is no current protection for the riparian shrub and interfacing upland shrub habitats upon which mountain quail depend.

XVII. OTHER NATURAL OR MANMADE FACTORS AFFECTING ITS EXISTENCE

California quail Callipepla californica (not native to area subject to this petition) and chukar partridge Alectoris graeca (introduced from Asia) are possible stocked species that also use habitats essential to mountain quail. Interactions or competition with introduced exotic species have been hypothesized, but no studies have been done in the area subject to this petition, where habitats are restricted to limited riparian corridors. Gutierrez (1980) examined interactions between California quail and mountain quail in areas of California where the species sympatric, and also where habitats are more continuous. He found no deleterious impacts.

However, mountain quail winter habitats in the area subject to this petition are not large blocks of continuous habitat as in California, and interspecific interactions in arid interior habitats have not been investigated. In areas with limited food resources (due to impacts of grazing, fragmentation, other habitat alterations), it is possible that competition for resources or negative behavioral interactions may occur --- interactions whose effects may be exacerbated during periods of harsh weather when these species may be further concentrated in to the same area.

Brennan (1989) and others stress the deleterious impacts of dams on mountain quail habitats, particularly winter habitats. Lowest elevation

winter habitats are lost to inundation. Plus, dams in cold climates continue to cause colder local winter microclimates in adjacent remnant habitats.

Factors contributing to the decline of mountain quail are deterioration and loss of habitat. Natural phenomena put increasing pressure on natural populations already stressed by anthropogenic factors such as habitat degradation. Mountain quail have persisted over time with episodic environmental stresses. Mountain quail have persisted in arid interior lands in the face of these conditions largely due to the presence of diverse and unfragmented habitats, particularly winter habitats with large and diverse non-willow shrub communities interfacing with upland shrubs. As these refugia are altered or degraded, mountain quail are more vulnerable to episodic events such as hard winters, large fires, or drought. Reese et al. (1999) stress that heavy winters and extreme winter temperatures can severely deplete populations, and are often accompanied by swift declines in mountain quail numbers. Further extirpation of mountain populations could quickly ensue under adverse climatic conditions. Given wide gulfs in habitat, recolonization following extirpation is highly unlikely.

XVIII. OFFICIAL ACTIONS THAT SHOW THAT THE SITUATION IS CRITICAL

1) Hunting season closures have occurred in Idaho, portions of Oregon, portions of Nevada and portions of Washington .

2) Mountain quail are designated a special status species in Idaho (as discussed above).

3) USFWS in 1991 listed the mountain quail as a C2 species. Then, in 1994, based on little new information, downgraded mountain quail to a Category 3C species. Vogel and Reese (1996 HCA) commented on this USFWS’s 1994 action: “It does not reflect the status of populations in Idaho, Nevada, eastern Oregon, and Washington”.

Attempts at mountain quail reintroductions have occurred in Nevada (upper Bruneau River), Oregon (Hart Mountain), and population augmentation is being attempted in northeastern Oregon. Fire eliminated the Hart Mountain population. The fate of the introduction in the upper Bruneau watershed in Nevada is uncertain.

XIX. CRITICAL HABITAT DESIGNATION REQUESTED TO PROTECT MOUNTAIN QUAIL IN NORTHERN AND WESTERN GREAT BASIN, INTERIOR COLUMBIA BASIN AND LANDS TO THE CASCADE CREST

Petitioners request the designation of critical habitat for mountain quail Oreortyx pictus concurrent with its listing. The habitat of the mountain quail

continues to be degraded and fragmented. To date, only tentative efforts have been made to address mountain quail habitat needs at a landscape level. In addition, mountain quail continue to be subjected to other human impacts and naturally severe environmental conditions, including harsh winters. Harsh winters act synergistically with the impacts of habitat fragmentation and can lead to long-term extinctions. Landscape-level efforts necessary to protect and restore populations and habitat have not materialized.

Critical habitat should be designated in all areas where mountain quail currently exist. If additional populations are discovered, those areas should also be designated as critical habitats. In addition, since these areas are so small, sufficient area for long-term viability of populations may not be included. Critical habitat should be designated in all general geographic areas with clusters of repeated documented sightings within the past 30 years. This should include: * Idaho: Portions of Owyhee County, King Hill Creek and Bennett Hills in southern Idaho are already identified in existing BLM Land Use Plans. See Attachment 15 Map. * Nevada: mountain quail persisted until recently in the Santa Rosa and Osgood Mountains. Portions of northeastern Nevada including the upper Bruneau River drainage and the Marys River drainage, have been identified as reintroduction sites. See Attachment 15 Map. * Oregon. Southeastern Oregon including portions of Malheur and Baker County where Masson and Mace found the best populations should be designated. Wallowa County, and other counties with remnant mountain quail populations should be designated as critical habitat. See Attachment 15 Map. * Washington: Snake River Basin areas and others discussed below. In central Washington, Kittitas, Yakima, Benton, Klickitat Counties should be designated as critical habitat, as well as the Snake River Basin including Garfield, Walla Walla, Columbia and Asotin Counties. Kavanaugh proposes a Cooperative Recovery Strategy for Mountain Quail in the Snake, Deschutes, John Day, Klickitat, and Yakima River Basins in Washington, Oregon and Nevada. See Attachment 16.

It must be stressed that Petitioners do not believe that cooperative recovery strategies alone, unless re-enforced by ESA listing, will recover mountain quail populations. Identification of suitable habitat and long-term commitment and undertaking of actions necessary to restore habitats are needed before viable populations can be restored at the landscape level.

In addition, recent ICBEMP scientific assessment has shown that there are shockingly few areas of even “moderate” ecological integrity left within historic mountain quail distribution in the entire Interior Columbia Basin. All areas of Moderate and High Ecological Integrity within historic mountain

quail distribution should be a focus of restoration efforts and critical habitat designation. See Attachment 16, ICBEMP Maps of “Composite Ecological Integrity”, “Rangeland Integrity”, “Forest Integrity”. Portions of the Owyhee Uplands, southeastern Oregon and the Snake River Basin should be designated as critical habitat. The presence of vast acreages of public land in the southern Idaho, eastern Oregon and northern Nevada portions of this area, primarily administered by BLM, may make landscape-level restoration most feasible ---- once necessary management changes are made. In west-central Idaho and northeastern Oregon, lower elevation forests of Moderate to High Ecological Integrity should be designated. If the petition is not granted, it may be technically impossible and economically prohibitive to recover mountain quail following further declines in population and range and continued deterioration of habitat. Populations would not be recolonized should the indigenous mountain quail populations go extinct.

XX. CONCLUSION

This petition seeks listing pursuant to the ESA for mountain quail in the northern and western Great Basin and Interior Columbia Basin and lands to the Cascade Crest, an area which petitioners believe constitutes a significant portion of the range of Oreortyx pictus. This area is characterized by cold winters, hot dry summers, and mountain quail habitats restricted to linear riparian systems and interfacing upland shrub communities. No current protection exists for these terrestrial habitats. Mountain quail persisting in this unique ecological setting are a DPS.

Petitioners hope that the US Fish and Wildlife Service’s consideration of this petition will be a cooperative process. We request that FWS personnel communicate with petitioners prior to making a 90 day finding.

XXI. SUMMARY

Petitioners Rob Kavanaugh, Idaho Watersheds Project, Committee for Idaho’s High Desert and the Spokane Audubon Society Request that the USFWS list the mountain quail as biologically threatened or endangered in the northern and western Great Basin and the Interior Columbia Basin and lands westward to the Cascade Crest. Threats of livestock grazing, exotic species invasions, residential development and predator introduction, continued clean-farming/brush clearing practices, habitat fragmentation, losses of migration and dispersal corridors, losses of winter habitat, pesticide and herbicide use, simplification of riparian and upland habitats, fire effects, forestry effects, and adverse weather continue. Many of these threats are increasing.

Conservation efforts by federal and state agencies have proven to be inadequate. Mountain quail are very much a back burner, low priority species in federal and state conservation planning efforts.

The extinction of the Distinct Population Segment of mountain quail in the northern and western Great Basin and the Interior Columbia Basin and lands to the Cascade Crest would result in loss of the species from nearly half its historic range. The DPS of mountain quail in this vast arid interior geographic area, where the species is ecologically bound to linear riparian habitats and subject to the harsh temperature and weather extremes of a cold arid environment, would be lost.