December 31, 2004

Kris Randall
Field Supervisor
U.S. Fish and Wildlife Service
Arizona Ecological Services Field Office
2321 W. Royal Palm Rd., Suite 103
Phoenix, AZ 85021-4951

RE: 2004 Reporting and Monitoring Report for Safe Harbor Agreement and Private Lands Agreement with Modifications #1 and #2.

Dear Kris,

Enclosed is the 2004 Reporting and Monitoring Report provided for in Section 11 of the "Safe Harbor Agreement with James W. Crosswhite for Voluntary Enhancement and Restoration Activities Benefitting the Southwestern Willow Flycatcher and Little Colorado Spinedace in Nutrioso Creek, Arizona", dated December 19, 2003. The Report also covers monitoring for Private Lands Agreement Number 1448-20181-2-G598 effective July 24, 2002, Modification #1 dated January 8, 2004, and Modification #2 dated April 21, 2004.

Sincerely,

/signed/

James W. Crosswhite
EC Bar Ranch
Box 44
Nutrioso, AZ 85932

Enclosed: 2004 Reporting and Monitoring Report

REPORTING AND MONITORING REPORT
December 31, 2004
For the Safe Harbor Agreement (SHA) with James W. Crosswhite
for Voluntary Enhancement and Restoration Activities
Benefitting the Southwestern Willow Flycatcher
and Little Colorado Spinedace in Nutrioso Creek, Arizona
and
Private Lands Agreement Number 1448-20181-2-G598 effective July 24, 2002,
Modification #1 dated January 8, 2004, and
Modification #2 dated April 21, 2004.

In Section 11, SHA dated December 19, 2003, Reporting and Monitoring are described as follows:

Compliance/Biological Monitoring

The Cooperator will work cooperatively with the Service and AGFD for monitoring and reporting activities related to implementation of the Agreement and fulfillment of its provisions, including verification of baseline maintenance, implementation of agreed-upon conservation measures, and take authorized by the permit.

The Cooperator will submit a Compliance/Biological Monitoring Report to the Service by December 31 of each year following the frequency specified in the following table.

The report will include an inventory of riparian trees, photo point monitoring, observation records, a description of the number of cuttings harvested, and an evaluation of the condition of riparian fencing.

The Cooperator will conduct an inventory of riparian trees 3 feet or greater in height, thus providing verification of the baseline. In addition, photo point monitoring of the riparian vegetation will be conducted by the Cooperator in September after the summer monsoon rains. This project will build on previous photo point monitoring the Cooperator has conducted since 1998. The photographs will be taken at specified locations along several reaches of the creek. During this time, the Cooperator will also record observations documenting plant vigor, insect damage, or herbivore utilization.

The harvesting of cuttings of the riparian vegetation may occur in two to four years following planting. At the end of two years (after planting), the Service will meet with the Cooperator to determine if the riparian trees planted are of sufficient size and whether or not cuttings can be taken. Factors that will be used to make the determination include, but are not limited to, number of stems produced per tree, cutting length, stem diameter, and timing of harvest. If the Cooperator harvests cuttings, a description of the number of cuttings harvested will be provided to the Service.

Monitoring of the southwestern willow flycatcher can be initiated when the riparian habitat developed by this project establishes the structure which is thought to be required for this species. AGFD conducts state-wide annual monitoring of breeding southwestern willow flycatchers. The Service, through the Arizona Partners for Fish and Wildlife program, will work with AGFD regarding flycatcher monitoring. When the habitat reaches a point where it is thought capable of supporting southwestern willow flycatchers, Partners will inform AGFD.

Monitoring will be conducted according to the survey protocol that has been established for the southwestern willow flycatcher (USFWS 2000, Sogge et al. 1997). If this monitoring protocol is revised, project monitoring will adopt the new format. A minimum of three surveys would be conducted. The first survey period would occur between May 15 and May 31. The second survey period would occur between June 1 and June 21. The third survey would occur between June 22 and July 17. Monitoring results for this site will be included in AGFD's annual report on the southwestern willow flycatcher.

Monitoring of Little Colorado spinedace will be conducted in cooperation with AGFD. The focus of the monitoring will be to evaluate changes in the species' population and the physical quality of aquatic habitat. AGFD plans to conduct monitoring on this portion of Nutrioso Creek in 2005.

Net Benefit Monitoring/Reporting

The annual Compliance/Biological Monitoring Report provided to the Service will provide data on the development and/or maintenance of the riparian habitat. This report will provide the data to indicate whether net benefits are accruing on the Enrolled Lands.

In the Private Lands Agreement Number 1448-20181-2-G598 effective July 24, 2002, Modification #1 dated January 8, 2004, and Modification #2 dated April 21, 2004, monitoring is covered by the periodic SHA Reporting and Monitoring Report.

Compliance/Biological Monitoring Report for the period: 12-19-03 to 12-31-04

Project Name: Safe Harbor Agreement for the EC Bar Ranch
FY Agreement signed: 2004
Landowner Name: James Crosswhite
Project Location: EC Bar Ranch, Nutrioso, AZ
Address: PO Box 44, Nutrioso, AZ 85932

Data collected by: Jim Crosswhite
Dates of monitoring for categories:

1. Inventory: 9-1-04
2. Photo point monitoring: 9-1-04
3. Observations: throughout the period.
4. Harvesting: not applicable.

1. Inventory of Riparian trees.

   Enrolled acres by reach	Number of riparian trees 3 feet or greater in height
   Reach 1	115 trees, including plantings by the landowner without USFWS funding.
   Reach 2	133 trees, including plantings by the landowner without USFWS funding.
   Reach 3	28 trees, including plantings by the landowner without USFWS funding.
   Reach 4	14,767 trees. During the period, 15,000 trees, mainly coyote willow poles, were planted in reach 4 on Nutrioso Creek located on the EC Bar Ranch under a USFWS Partners in Fish & Wildlife Private Lands Agreement with Modification #1. An additional 6,000 trees, mainly coyote willow poles, were planted in reach 4 with funding in part by AZ Department of Environmental Quality (ADEQ). The tree inventory indicates a 70% survival rate for plantings.
   Reach 6	79 trees, including plantings by the landowner without USFWS funding.
   Total	15,122 trees, including plantings with and without agency funding.

2. Photo monitoring.
   Photos taken by: Jim Crosswhite
   Photos provided in: digital format on CD.
   Photo point locations are shown on the attached map. Photos are arranged in order taken from upstream near the end of reach 1 moving downstream to near the end of reach 6.

   Photo point	Location
   JC03	JC3 Picture:  GPS: N335924 and W1031205. Near end of reach 1. Looking Upstream.
   JC02A	JC2A  GPS: N3358227 W10911955.  Near end of reach 2. Looking upstream.
   JC02B	JC2B  GPS: N3358227 W10911955. Near end of reach 2. Looking downstream.
   JC01	JC-1 GPS: N3358227 W10911956. Near end of reach 3. Looking Upstream.
   R12A	R12A  GPS: N3358227 W10911957. Near beginning of reach 4. Looking upstream.
   R12B	R12B GPS: N3358227 W10911957. Near beginning of reach 4. Looking downstream.
   R13A (previous JC07)	R13A GPS: N3358227 W10911958. Near beginning of reach 4. Looking upstream.
   R13B	R13B GPS: N3358227 W10911958. Near beginning of reach 4. Looking downstream.
   R14 (previous JC06)	R14 GPS: N3358227 W10911958. Near middle of reach 4. Looking downstream.
   R15A (previous JC05)	R15A GPS: N3358226 W10911955. Near end of reach 4. Looking upstream.
   R15B	R15B GPS: N3358226 W10911955. Near end of reach 4. Looking downstream.
   R18A (previous JC08)	R18A GPS: N3359044 W10911796. Near beginning of reach 6. Looking upstream.
   R18B	R-18B GPS: N3359044 W10911796. Near beginning of reach 6. Looking downstream.
   R23A (previous JC09)	R-23A GPS: N3359183 W10911694. Near end of reach 6. Looking upstream.
   R23B	R-23B GPS: N3359183 W10911694 Near end of reach 6. Looking downstream.

3. Observation of project area.
   1. Climate conditions during 2004: Drought conditions with very low winter precipitation. Summer monsoon rains started late, produced about half the average precipitation, and ended early.
   2. Stream flow regime: January to May had a flow throughout the project area, with high flows in March-April. June to December had no surface flow into reach 1 or in reach 6, but natural springs in reach 1 and 3 produced pools and/or some flow during the period. Groundwater that was used to sprinkle irrigate riparian pastures helped supplement surface flows improving vegetative growth.
   3. Fence conditions: Riparian and elk proof fencing was effective at controlling livestock and excluding elk. No ungulates had access to the riparian areas where willows were planted in 2004.
   4. Activities conducted during the monitoring period:
      1. Observations of willow plantings: Color of leaves was green.
      2. Evidence of insect damage: No insect damage.
      3. Evidence of herbivore utilization: Beavers were present in the project area, but did not adversely affect riparian vegetation.
      4. Other observations: Invasive species/noxious weeds, including Russian olive, Muskthistle, and Bull thistle have been treated in riparian pastures.
4. Harvesting of willows.
   1. Date of any meeting with the Service to determine if the riparian trees planted are of sufficient size to be harvested and if cuttings can be taken: No meeting was held during the period.
   2. Number of cuttings taken in 2004: None.
   3. Entity buying the cuttings: Not applicable.
5. Monitoring for southwestern willow flycatcher.
   1. Does the riparian vegetation appear to have the structural characteristics that may provide potential suitable habitat for southwestern willow flycatchers? Yes, in parts of reach 4.
   2. Has a survey for willow flycatchers been conducted in the project area? No. Willows need one or two more growing seasons before a survey.
6. Monitoring for Little Colorado spinedace.
   Did AGFD or another entity conduct a fish survey during the period in the project area of Nutrioso Creek on the EC Bar Ranch: No.
7. Private Lands Agreement.
   Has a meeting occurred between the Cooperator and the Service to determine if the vegetation planted is displaying good health and vigor? No.