[Federal Register: June 7, 2006 (Volume 71, Number 109)]
[Notices]
[Page 32915-32918]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07jn06-48]
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DEPARTMENT OF AGRICULTURE
Forest Service
RIN 0596-AC22
Predator Damage Management in Wilderness Areas
AGENCY: Forest Service, USDA.
ACTION: Notice of proposed directives; request for comment.
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SUMMARY: The Forest Service is proposing to revise its directives on
predator damage management in wilderness areas. Guidance to Forest
officers in the management of predator damage in wilderness areas is
contained in the Forest Service Manual (FSM) Title 2300, Recreation,
Wilderness, and Related Resources Management and FSM 2600, Wildlife,
Fish, and Sensitive Plant Habitat Management. These proposed directives
would conform agency direction regarding predator damage with
provisions in an interdepartmental Memorandum of Understanding (MOU)
between the USDA Animal and Plant Health Inspection Service, Wildlife
Services Division and the USDA Forest Service. The MOU, first entered
into in 1993, was renewed in 1998, and again in 2004, with minor
revisions. Comments received in response to this notice will be
considered in development of the final directives for predator damage
management on National Forest System lands, including wilderness.
DATES: Comments must be received in writing by August 7, 2006.
ADDRESSES: Send written comments to Forest Service, USDA, Attn:
Director, Wilderness and Wild and Scenic Rivers Resources, 201 14th
Street, SW., Washington, DC 20250; by electronic mail to PDM@fs.fed.us;
or by fax to (202) 205-1145. Comments may also be submitted by
following the instructions at the Federal e-Rulemaking portal, http://www.regulations.gov.
If comments are sent by electronic mail or by fax,
the public is requested not to send duplicate written comments via
regular mail. Please confine written comments to issues pertinent to
the proposed directives; explain the reasons for any recommended
changes; and, where possible, reference the specific section or
paragraph being addressed. The Forest Service may not include in the
administrative record for the proposed directives those comments it
receives after the comment period closes (see DATES) or comments
delivered to an address other than those listed in this ADDRESSES
section.
All comments, including names and addresses when provided, are
placed in the record and are available for public inspection and
copying. The public may inspect comments received on these proposed
directives in the Office of the Director, Wilderness and Wild and
Scenic Rivers Staff, Forest Service, USDA, 4th Floor-Central, Sidney R.
Yates Federal Building, 1400 Independence Avenue, SW., Washington, DC,
between the hours of 8:30 a.m. to 4 p.m. on business days. Those
wishing to inspect comments are encouraged to call ahead to (202) 205-
1706 to facilitate entry into the building.
FOR FURTHER INFORMATION CONTACT: Don Fisher, Wilderness Program, (202)
205-1414, Forest Service, USDA.
SUPPLEMENTARY INFORMATION:
1. Background
The USDA Animal and Plant Health Inspection Service, Wildlife
Service
[[Page 32916]]
Division (APHIS-WS) and the Forest Service cooperate in wildlife damage
management activities on National Forest System (NFS) lands as provided
for in the Animal Damage Control Act of 1931 (7 U.S.C. 426-426b).
Processes and procedures between the two agencies were adopted in a
Memorandum of Understanding (MOU) signed June 18, 1993, and published
in the Federal Register on July 13, 1993 (58 FR 37704). The MOU was
renewed and slightly revised in 1998 and again in 2004. The 2004
version of the MOU is available from the Forest Service directives
system in FSM 1543.13 and available from the World Wide Web at http://www.fs.fed.us.
The purpose of the MOU is to: (1) Identify
responsibilities of the respective agencies and foster a partnership in
discharging the Federal obligation under the Animal Damage Control Act
of March 2, 1931 (7 U.S.C. 426-426b), for the management of wild
vertebrates causing damage on NFS lands, (2) establish general
guidelines to assist field personnel in carrying out their wildlife
damage management responsibilities consistent with policies of APHIS-WS
and the Forest Service, and (3) strengthen the cooperative approach to
wildlife damage management on NFS lands through the exchange of
information and mutual program support. The current MOU clarifies that
the APHIS-WS is the responsible agency for developing, with the
cooperation of the Forest Service, predator damage work plans that are
in conformance with applicable Forest land management and wilderness
plans.
On May 4, 1995, the Forest Service revised agency direction in
Forest Service Manual (FSM) 2651 (60 FR 22037) to clarify and conform
agency directives with the MOU adopted in 1993. The changes to FSM
2323.33c and 2651 proposed in this notice are intended to further
refine and clarify agency roles and procedures for wildlife damage
management activities on NFS lands so that they are consistent with the
2004 revised MOU.
2. Summary of Proposed Revisions
FSM 2323.33c--Predator Damage Management
The title to FSM 2323.33c is changed from ``Predator Control'' to
``Predator Damage Management.'' The proposed revisions to this section
are intended to strengthen the Forest Service's role in working with
APHIS-WS and State fish and wildlife agencies in wildlife damage
management activities, while recognizing that APHIS-WS and State fish
and wildlife agencies have the authority and expertise to conduct
wildlife damage management activities in wilderness on NFS lands. For
this reason, the Forest Service is removing a provision in current
policy that requires case-by-case Regional Forester approval for
predator management activities in wilderness areas. In the proposed
revision, predator management activities in wilderness areas may occur
when they are conducted in accordance with an approved predator
management plan and provisions in FSM 2651.6.
Paragraph 1 establishes objectives for predator damage management
activities in wilderness, such as the protection of public health and
safety and the protection of threatened or endangered species; the
achievement of management goals and objectives for wildlife populations
as identified in forest or wilderness plans or through other
collaborative processes; and the prevention of serious loss of domestic
livestock.
Paragraph 2 establishes policy for conducting predator damage
management activities in wilderness by requiring minimal disturbance to
wilderness visitors and resources, the protection of wilderness
character, and coordination with other government entities involved in
predator damage management activities. The policy also recognizes
predators in the ecological integrity of wilderness and adjacent non-
wilderness lands, and prohibits predator damage management activities
that would jeopardize the continued viability of predator populations
in the ecosystem.
Paragraph 3 provides authority for the Regional Forester to permit
the use of aircraft, motorized equipment and mechanical transport, and
pesticides in wilderness areas under certain conditions.
Paragraph 4 provides a framework for coordination and cooperation
between APHIS-WS and the Forest Service, including agency roles and
responsibilities for preparing predator management plans (para. 4a),
NEPA documents (para. 4b) and provisions for conflict resolution (para.
4c).
Paragraph 5 commits the Forest Service to coordinate and cooperate
with States lawfully conducting predator management activities on
National Forest wildernesses.
FSM 2651.6--Wildlife and Fish Damage Management in Wilderness and
Research Natural Areas
The title and areas of applicability in this section is changed
from ``Wildlife and Fish Damage Management in Wilderness Areas'' to
``Wildlife and Fish Damage Management in Wilderness and Research
Natural Areas.'' The proposed revisions to this section removes the
criterion authorizing animal damage management only when it was used
prior to wilderness designation and also expands the criteria for
allowing wildlife damage management activities in a wilderness or a
Research Natural Area and clarifies that meeting only one criterion is
necessary for those activities to proceed.
3. Regulatory Certifications
Environmental Impact
These proposed directives revise the administrative policies and
procedures for conducting animal damage management activities on
National Forest System lands. Section 31.1b of Forest Service Handbook
(FSH) 1909.15 (57 FR 43180, September 18, 1992) excludes from
documentation in an environmental assessment or impact statement
``rules, regulations, or policies to establish Service-wide
administrative procedures, program processes, or instructions.'' The
Agency's preliminary assessment is that these proposed directives fall
within this category of actions and that no extraordinary circumstances
exist which would require preparation of an environmental assessment or
environmental impact statement.
Regulatory Impact
These proposed directives have been reviewed under USDA procedures
and Executive Order 12866 on Regulatory Planning and Review. It has
been determined that this is not a significant action. The proposed
directives would not have an annual effect of $100 million or more on
the economy, or adversely affect productivity, competition, jobs, the
environment, public health or safety, or State or local governments.
The proposed directives would not interfere with an action taken or
planned by another agency, or raise new legal or policy issues.
Finally, these proposed directives would not alter the budgetary
impacts of entitlements, grants, or loan programs or the rights and
obligations of recipients of such programs.
No Takings Implications
These proposed directives have been analyzed in accordance with the
principles and criteria contained in Executive Order 12630. It has been
determined that the proposed directives do not pose the risk of a
taking of constitutionally protected private property.
Civil Justice Reform
These proposed directives have been reviewed under Executive Order
12988,
[[Page 32917]]
Civil Justice Reform. The Agency has not identified any State or local
laws or regulations that are in conflict with these proposed directives
or that would impede full implementation of the proposed directives.
Nonetheless, in the event that such a conflict were to be identified,
the proposed directives, if implemented, would preempt the State and
local laws or regulations found to be in conflict. However, in that
case, (1) no retroactive effect would be given to these proposed
directives; and (2) the Department would not require the use of
administrative proceedings before parties may file suit in court
challenging its provisions.
Unfunded Mandates
Pursuant to Title II of the Unfunded Mandates Reform Act of 1995 (2
U.S.C. 1531-1538), which the President signed into law on March 22,
1995, the Agency has assessed the effects of these proposed directives
on State, local, and tribal governments and the private sector. These
proposed directives would not compel the expenditure of $100 million or
more by any State, local, or tribal government or anyone in the private
sector. Therefore, a statement under section 202 of the Act is not
required.
Federalism and Consultation and Coordination With Indian Tribal
Governments
The Agency has considered these proposed directives under the
requirements of Executive Order 13132 on Federalism, and has made an
assessment that the proposed directives conform with the Federalism
principles set out in this Executive Order; would not impose any
compliance costs on the States; and would not have substantial direct
effects on the States, on the relationship between the Federal
Government and the States, or on the distribution of power and
responsibilities among the various levels of government. Therefore, the
Agency has determined that no further assessment of Federalism
implications is necessary at this time.
Moreover, these proposed directives do not have tribal implications
as defined by Executive Order 13175, Consultation and Coordination with
Indian Tribal Governments, and, therefore, advance consultation with
tribes is not required.
Energy Effects
These proposed directives have been reviewed under Executive Order
13211 of May 18, 2001, ``Actions Concerning Regulations That
Significantly Affect Energy Supply.'' It has been determined that these
proposed directives do not constitute a significant energy action as
defined in the Executive Order.
Controlling Paperwork Burdens on the Public
These proposed directives do not contain any recordkeeping or
reporting requirements or other information collection requirements as
defined in 5 U.S.C. part 1320. Accordingly, the review provisions of
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.) and its
implementing regulations at 5 CFR part 1320 do not apply.
Editorial Note: This document was received in the Office of the
Federal Register on June 2, 2006.
Dated: February 16, 2006.
Sally Collins,
Associate Chief, Forest Service.
4. Proposed Revisions to Predator Management in Wilderness Directives
Note: The Forest Service organizes its Directive System by
alphanumeric codes and subject headings. Only those sections of the
Forest Service Manual and Handbook that are the subject of this
notice are set out here. The intended audience for this direction is
Forest Service employees engaged in wildlife damage management
activities in wilderness and research natural areas.
Forest Service Manual
Chapter 2320--Wilderness Management
* * * * *
2323.33c--Predator Damage Management
For further direction on predator damage management, see FSM 2651.
For a copy of the Master Memorandum of Understanding between the Animal
and Plant Health Inspection Service, Wildlife Services (APHIS-WS) and
Forest Service, see FSM 1543.13.
1. Objectives. The objectives of predator damage management in
wilderness are to:
a. Protect public health and safety.
b. Protect Federally listed threatened or endangered species.
c. Achieve management goals and objectives for wildlife populations
as identified for wilderness in forest or wilderness plans, or through
other collaborative processes, such as Comprehensive Wildlife
Conservation Strategies, memorandums of understanding with State fish
and wildlife agencies, and so forth.
d. Prevent serious loss of domestic livestock.
2. Policy.
a. Predator damage management activities shall be conducted in a
manner that protects wilderness character and minimizes disturbances to
wilderness resources and visitors.
b. Predator damage management control measures shall be directed at
the offending animal or local population and shall not jeopardize the
continued viability of predator populations in the ecosystem.
c. Predator damage management work plans shall be developed in
cooperation with the APHIS-WS for specific wildernesses or for a
network of wildernesses and non-wilderness lands that connect them and
reviewed annually in cooperation with APHIS-WS.
d. When participating in the development and annual review of a
predator damage management work plan in a wilderness area, Forest
Service officers shall strongly discourage the use of poison baits,
such as M-44 devices and livestock protection collars, except in
specific cases where there is compelling evidence that other forms of
predator damage management have proven to be ineffective.
e. Forest Service officials shall coordinate and cooperate with
other government entities who have responsibility and expertise for
managing predator damage, such as the APHIS-WS and State fish and game
agencies.
f. The role of predator species in contributing to the ecological
integrity of wilderness and adjacent non-wilderness lands shall be
recognized in predator damage management work plans and National
Environmental Policy Act (NEPA) of 1969 (42 U.S.C. 4321 et seq.)
documents.
3. Authorization Responsibility for Specific Uses:
a. Landing of aircraft and use of motorized equipment and
mechanical transport to facilitate implementation of predator damage
management activities in wilderness areas may only occur if authorized
by the Regional Forester upon a determination that these uses are
necessary to meet minimum requirements for the administration of the
area. Determination of necessity is appropriate where:
(1) An emergency situation requires immediate, short-term relief,
or
(2) An analysis indicates that one of these uses is the minimum
tool necessary to accomplish the predator damage management activity.
b. The Regional Forester may authorize use of pesticides for
predator damage management activities when documented on Form FS-2100-
2, Pesticide Use Proposal (FSM2150).
4. Inter-Agency Coordination With the Animal and Plant Health
Inspection
[[Page 32918]]
Service, Wildlife Services. The Forest Service recognizes APHIS-WS's
authority and expertise for conducting predator damage management
activities on National Forest System (NFS) wildernesses. Forest Service
employees shall, when coordinating with APHIS-WS on proposed predator
damage management activities in wilderness, ensure that these
activities support the Forest Service's objectives (para. 1) and
policies (para. 2) for predator damage management in wilderness areas.
a. Predator Damage Management Plans. The Forest Service shall
participate with the APHIS-WS in preparation of their predator damage
management work plans for wilderness areas. Predator damage management
work plans shall be reviewed and updated annually.
b. Preparation of National Environmental Policy Act Documents. The
Forest Service shall cooperate with the APHIS-WS in the preparation of
environmental analyses for predator damage management activities as
required by the NEPA, Title 40, Code of Federal Regulations, section
1501.6, and the Memorandum of Understanding between the APHIS-WS and
the Forest Service, dated June 4, 2004 (FSM 1543.13). As a cooperating
agency, the Forest Service shall:
(1) Make agency expertise regarding wildlife, wilderness, range,
and other staff areas available to the APHIS-WS during the NEPA
process. As a minimum, Forest Service participation during the NEPA
process shall involve agency experts knowledgeable in wilderness,
wildlife, and range management.
(2) Assist in identifying issues; conducting and evaluating public
scoping; developing alternatives; and disclosing environmental,
economic, and social effects.
(3) Work with the APHIS-WS to ensure decision documents address
Forest Service concerns when proposed actions would have an adverse
effect upon the wilderness resource and/or the continued viability of
native species.
(4) Seek expertise from State fish and wildlife agencies as
appropriate.
c. Conflict Resolution. When a Forest Service representative
determines that a proposed management activity may have an adverse
affect on wilderness resources or the continued viability of a native
species, the Forest Service representative shall work with their APHIS-
WS counterpart to resolve the Forest Service's concern. If the dispute
cannot be resolved, the issue shall be elevated to the next
organizational level within each agency.
5. Coordination with State Governments and Private Individuals. The
Forest Service recognizes that State agencies have authority and
expertise to conduct predator damage management on NFS lands, including
wilderness, and that State agencies and private individual may perform
predator damage management on NFS lands when conducted in accordance
with applicable State and Federal laws, regulations, and policies. The
Forest Service shall coordinate and cooperate with States and private
individuals when predator damage management is conducted under State
authority to ensure that wilderness resources on NFS lands are
protected.
* * * * *
Chapter 2650--Animal Damage Management
* * * * *
2651.6--Wildlife and Fish Damage Management in Wilderness and Research
Natural Areas
For additional direction of wildlife and fish management in
wilderness and research natural areas, see FSM 2151, FSM 2323, and FSM
4063.
Wildlife damage management, including predator damage management
(FSM 2323.33c), is permitted in wilderness when consistent with
direction in FSM 2323 and when needed to address one or more of the
following issues:
1. Protect public health and safety.
2. Protect Federally listed threatened or endangered species.
3. Achieve management goals and objectives for wildlife populations
as identified for wilderness in forest or wilderness plans, or through
other collaborative processes, such as Comprehensive Wildlife
Conservation Strategies, memorandums of understanding with State fish
and wildlife agencies, and so forth.
4. Prevent serious loss of domestic livestock.
Management of non-indigenous species is also permitted when
consistent with the applicable Forest land management plan to reduce
conflicts with indigenous species.
* * * * *
[FR Doc. E6-8839 Filed 6-6-06; 8:45 am]
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