Predator Damage Management in Wilderness Areas, 32915-32918 [E6-8839]

Agencies

• DEPARTMENT OF AGRICULTURE
• Forest Service

[Federal Register Volume 71, Number 109 (Wednesday, June 7, 2006)]
[Notices]
[Pages 32915-32918]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-8839]


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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, https://
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 https://
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.
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 [FR Doc. E6-8839 Filed 6-6-06; 8:45 am]
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