Department of Agriculture May 13, 2008 – Federal Register Recent Federal Regulation Documents

The Forest Service will prepare a Supplemental Environmental Impact Statement (SETS) for Motorized Access Management within the Selkirk and Cabinet-Yaak Grizzly Bear Recovery Zones to present additional information on grizzly bear mortality and population trends and account for uncertainty in relevant grizzly bear research. The SEIS will include a detailed analysis of Alternative D Modified and Alternative E that reflect the current condition of habitat security for grizzly bears. The Notice of Availability of the Draft EIS was published in the Federal Register (66 FR 57717) on November 16, 2001 and notice of the Final EIS (67 FR 11692) was published on March 15, 2002. On March 24, 2004, the Record of Decision (ROD) was signed that amended the Forest Plans for the Kootenai, Lolo and Idaho Panhandle National Forests. The ROD amended the objectives, standards, and guidelines that address grizzly bear management within the Selkirk and Cabinet-Yaak Grizzly Bear Recovery Zones. Alternative E was selected for implementation, with the incorporation of terms and conditions of the U.S. Fish and Wildlife Service's (USFWS) Biological Opinion. On December 13, 2006, U.S. District Court Judge Donald Molloy ruled against the U.S. Forest Service and the U.S. Fish and Wildlife Service in a lawsuit brought by the Cabinet Resource Group, Great Bear Foundation, Idaho Conservation League, Natural Resources Defense Council, and Selkirk Conservation Alliance. Judge Molloy ordered that the 2002 Final Environmental Impact Statement and 2004 Record of Decision be set aside as contrary to law and that the matter be remanded to the Forest Service for preparation of a new environmental analysis that complies with 40 CFR 1502.22 (a) and (b). As a result of an action considered no longer valid, on May 17, 2007, the USFWS withdrew its Biological Opinion for the Forest Service's proposed action.