[Federal Register Volume 59, Number 112 (Monday, June 13, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-14306]
[[Page Unknown]]
[Federal Register: June 13, 1994]
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DEPARTMENT OF AGRICULTURE
Forest Service
RIN 059-AB47
Animal Damage Management
AGENCY: Forest Service, USDA.
ACTION: Notice of proposed policy; request for comment.
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SUMMARY: The Forest Service gives notice of and requests comment on
proposed revisions to its policy on animal damage management to be
published in the Forest Service Manual Chapter 2650. This direction
would replace current agency procedures for implementing the provisions
of a Memorandum of Understanding (MOU) between the Animal and Plant
Health Inspection Service (APHIS)--Animal Damage Control unit and the
Forest Service. This proposed policy is intended to clarify the role
and responsibility of the Forest Service in coordinating with APHIS on
animal damage management and in cooperating with APHIS in discharging
Federal obligations to manage wild vertebrates causing damage on
National Forest System lands under the Animal Damage Control Act of
1931.
DATES: Comments must be received in writing by August 12, 1994.
ADDRESSES: Send written comments to the Director, Wildlife, Fish and
Rare Plants Staff (2650), Forest Service, USDA, P.O. Box 96090,
Washington, DC 20090-6090.
The public may inspect comments received on this proposed policy in
the Office of the Director, Wildlife, Fish and Rare Plants Staff, 4th
floor, Northwest, Auditor's Building, 205 14th Street, SW., Washington,
DC. Those wishing to inspect comments are encouraged to call ahead
(202-205-1367) to facilitate entry into the building.
FOR FURTHER INFORMATION CONTACT:
Tom Darden, Wildlife Program Leader, (202-205-1206).
SUPPLEMENTARY INFORMATION: The Forest Service and APHIS cooperate in
discharging Federal obligations under the Animal Damage Control Act of
1931 (7 U.S.C. 426-426b) which governs animal damage management
activities on National Forest System lands. These activities include
actions to provide wildlife damage management through direct control,
as well as technical assistance to achieve desired management
objectives. APHIS, in cooperation with the Forest Service and states,
carries out animal damage management activities on some National Forest
System lands, mostly to minimize livestock losses from predation by
coyotes, black bears, and other predators. Under other authorities
(e.g., Multiple-Use Sustained-Yield Act of 1960 [16 U.S.C. 528(note),
528-531]), the Forest Service conducts activities to control animal
damage caused by small mammals and other animals to National Forest
System resources, such as timber stands and roads.
APHIS has responsibility for animal damage management activities,
as designated by the Secretary of Agriculture (7 CFR 2.51(41)). The
principal change being proposed in existing Forest Service Manual
policy (FSM 2650) is the designation of APHIS as the lead agency for
preparing environmental documentation on animal damage management
activities initiated by APHIS on National Forest System lands. The
Forest Service will cooperate with APHIS and the states in
environmental analysis and documentation of actions proposed by APHIS
that will occur on or affect National Forest System lands and provide
mitigation measures needed to ensure that animal damage management
activities performed by APHIS are compatible with direction provided in
forest land and resource management plans.
The proposed policy would bring the Forest Service Manual
provisions into conformance with current field-level animal damage
management practice. Current operational procedures for animal damage
management activities are outlined in an August 25, 1992 letter to
Forest Service Regional Foresters from Deputy Chief James C. Overbay
and the subsequent Memorandum of Understanding (MOU) between APHIS and
the Forest Service, signed June 18, 1993. Notice of availability of the
MOU was published in the Federal Register on July 13, 1993 (58 FR
37704).
The 1993 MOU clarifies the role of each Forest Supervisor in
cooperating with APHIS and the states in documentation of environmental
actions proposed by APHIS, and in providing mitigation measures to
ensure that animal damage management activities performed by APHIS are
compatible with direction provided in forest plans. The MOU also
clarifies that APHIS, in cooperation with the Forest Service, develops
work plans for animal damage management activities on National Forest
System lands. These plans address control areas, specific control
techniques, emergency control procedures, timeframes, and other
limitations and restrictions. The MOU recognizes APHIS work plans as
the definitive plans for predator control actions on National Forest
System lands.
After discussion with the Council on Environmental Quality, the
Forest Service has decided to publish this proposed animal damage
management policy in the Federal Register, inviting public comment on
the role and responsibility of the Forest Service in coordinating with
APHIS on animal damage management. In the interim, the Forest Service
and APHIS will follow procedures outlined in the 1993 MOU for which
notice was published in the Federal Register.
Environmental Impact
Section 31.1b(2) of Forest Service Handbook 1909.15 (57 FR 43180,
Sept. 18, 1992) excludes from documentation in an environmental
assessment or impact statement ``rules, regulations, or policies to
establish Servicewide administrative procedures, program processes, or
instructions.'' This proposed policy would provide administrative
instructions to Forest Service field offices on the procedures and
processes to follow in the case of coordination with APHIS on animal
damage management activities. Accordingly, the agency's preliminary
assessment is that this proposed policy falls within this category of
action and that no extraordinary circumstances exist which would
require preparation of an environmental assessment or environmental
impact statement. A final determination will be made upon adoption of
the final policy.
Controlling Paperwork Burden on the Public
This policy will not result in additional paperwork. Therefore, the
review provisions of the Paperwork Reduction Act of 1980 (44 U.S.C.
3507) and implementing regulations at 5 CFR part 1320 do not apply.
Regulatory Impact
This proposed policy has been reviewed under USDA procedures and
Executive Order 12866 on Regulatory Planning and Review. It has been
determined that this is not a significant policy.
Dated: May 23, 1994.
David A. Harcharik,
Acting Chief.
Proposed Manual Revision
Note: The Forest Service organizes its directive system by
alpha-numeric codes and subject headings. Only those sections of the
Forest Service Manual that are the subject of this notice are set
out here. The audience for this direction is Forest Service
employees charged with coordinating with the Animal and Plant Health
Inspection Service--Animal Damage Control Unit on animal damage
management activities on National Forest System lands.
Forest Service Manual--Chapter 2650--Animal Damage Management
The Forest Service and Animal and Plant Health Inspection Service
(APHIS)--Animal Damage Control unit, along with the states, cooperate
in discharging the Federal obligations under the Animal Damage Control
Act of 1931 to manage animal damage on National Forest System lands.
These activities include actions to provide wildlife damage management
through direct control, as well as technical assistance to achieve
desired management objectives. APHIS carries out animal damage
management activities on National Forest System lands, mostly to
minimize livestock losses from predation by coyotes, black bears, and
other predators. The Forest Service conducts activities to control
animal damage caused by small mammals and other animals to National
Forest System resources, such as timber stands and roads.
2650.1--Authority. In addition to the authorities listed in FSM
2601, the following authorities govern animal damage management
activities on National Forest System lands:
1. The Animal Damage Control Act of March 2, 1931 (7 U.S.C. 426-
426b) as amended by the Rural Development, Agriculture, and Related
Agencies Appropriations Act of 1988 (Pub. L. 100-202) authorizes the
Secretary of Agriculture to provide animal damage management services,
to maintain technical expertise for evaluating and recommending animal
damage management techniques, and to conduct forest and range animal
damage research. The Secretary has delegated this authority to the
Animal and Plant Health Inspection Service (APHIS)--Animal Damage
Control unit.
2. Executive Order 12342, January 24, 1982, permits the use of
chemical toxicants registered by the Environmental Protection Agency
for predator damage control on federal lands.
3. Department of Agriculture Regulation (DR) 9500-4 (FSM 2601.2)
requires Department of Agriculture programs to include measures to
alleviate damage by plant and animal pests; develop new techniques and
methodologies through management and research programs to limit damage
to agriculture or forestry production; and apply integrated pest
management practices, where feasible, in carrying out these
responsibilities.
4. A Memorandum of Understanding (MOU) between APHIS and the Forest
Service outlines the cooperative approach to animal damage management
on National Forest System lands. Both agencies have a joint
responsibility for limiting damage caused by wildlife. In this MOU,
APHIS and state agencies are recognized as having the authority and
expertise to conduct predator control on National Forest System lands,
to determine livestock losses, and to determine methodology for animal
damage management. See FSM Sec. 1543.14 for the full text of the MOU.
2650.2--Objective. The objective of animal damage management
activities is to protect National Forest System resources, to protect
activities taking place on National Forest System lands, and to reduce
threats to human health and safety.
2650.3--Policy. National Forest System resources must be adequately
protected during animal damage management activities authorized by the
states and conducted by the states or Animal and Plant Health
Inspection Service (APHIS)--Animal Damage Control unit. When the Forest
Service conducts animal damage management activities, such as
controlling small mammal populations on plantations, the agency must
comply fully with state and federal laws. In carrying out animal damage
management activities:
1. Rely upon APHIS or the state agencies to provide the expertise
and conduct predator control on National Forest System lands, to
determine livestock losses, and to determine methodology for animal
damage management.
2. Cooperate with APHIS, the lead agency, in preparing
environmental documentation for predator control and other animal
damage management activities initiated by APHIS on National Forest
System lands. The Forest Service shall cooperate to ensure that the
animal damage management plans developed by APHIS will provide for
protection of National Forest System resources.
3. Cooperate with APHIS in the development of work plans to ensure
consistency with forest land and resource management plans.
4. Conduct non-predator animal damage management, such as
controlling small mammal populations on plantations, and necessary
environmental analysis and disclosure on National Forest System lands
consistent with forest plans.
5. Recognize that taking of predators, including removal of
depredating animals (for example, removal of a nuisance bear in a high-
use recreation area), may be carried out on National Forest System
lands by an individual in accordance with state and federal law.
6. Coordinate with the Bureau of Land Management (BLM) and other
federal and state agencies to improve effectiveness of control program
activities conducted on National Forest System and other public lands.
7. Use an integrated approach to the prevention of animal damage
and management of animal damage control programs. Consider a full range
of methods, including physical barriers, repellents, habitat
manipulation, biological controls, silvicultural methods (for example,
fertilizing to improve soil fertility), pesticides, and hunting and
trapping. Use licensed hunting, fishing, and trapping as a control
technique where practicable.
8. Use only pesticides that are properly registered in accordance
with federal and state requirements for animal damage management and
that conform to policies on pesticide-use management and coordination
(FSM 2150). Follow label directions.
9. Follow direction in FSM 2670. Threatened, Endangered, and
Sensitive Plants and Animals, for federally proposed, threatened,
endangered, or sensitive species listed by the Forest Service to
determine whether proposed control measures conducted by the Forest
Service are likely to have an effect on these species. The lead agency
for completing environmental documentation (40 CFR 1508.16) is
responsible for completion of all Endangered Species Act-mandated
interagency consultations (16 U.S.C. 1536.7; FSM 2671.4).
2650.4--Responsibility.
2650.42--Deputy Chief for National Forest System. The Deputy Chief
for the National Forest System is responsible for resolving any
difficulties arising between Regions and Animal and Plant Health
Inspection Service (APHIS)--Animal Damage Control unit that cannot be
resolved by Regional Foresters under the Memorandum of Understanding
(FSM 1543.14).
2650.42--Regional Foresters. Regional Foresters are responsible
for:
1. Reviewing and approving all proposed pesticide uses for animal
damage management on National Forest System lands (FSM 2151). Regional
Foresters may redelegate this authority to Forest Supervisors; however,
only Regional Foresters may approve animal damage management in
wilderness (FSM 2323).
2. Establishing or amending existing Memorandums of Understanding
between the Region and appropriate state and other federal agencies
regarding animal damage management.
3. Reviewing all proposed Forest Service animal damage management
activities within areas occupied by and habitat of federally proposed
or listed threatened or endangered species and Regional Forester
approved sensitive species. Regional Foresters may redelegate this
authority to Forest Supervisors.
4. Meeting with state or regional representatives, such as the
APHIS Regional Director, as needed to coordinate animal damage
management operations. Regional Foresters may designate a
representative.
5. Resolving any difficulties arising among APHIS personnel and
Forest Supervisors under the Memorandum of Understanding (FSM 1543.14).
Or referring them to the Chief for resolution.
2650.43--Forest Supervisors. Forest Supervisors are responsible
for:
1. Ensuring appropriate environmental analysis requirements are met
for proposed non-predator control activities conducted by the Forest
Service and ensuring consistency with forest plan direction.
2. Recommending changes in state hunting, fishing, or trapping
regulations to accommodate animal damage management activities on
National Forest System lands (FSM 2640).
3. Meeting with APHIS personnel and responsible state agencies to
cooperate where proposed predator control is needed to ensure
coordination of Forest Service resources or activities on National
Forest System lands.
4. Cooperating with APHIS in preparation of environmental
documentation for predator control or other animal damage management
activities conducted by APHIS on National Forest System lands (40 CFR
1508.15).
5. Referring any difficulties arising from activities with APHIS
under the Memorandum of Understanding (FSM 1543.14) for resolution by
the Regional Forester.
6. When needed, requesting training in animal damage management
techniques by APHIS.
7. Ensuring that licensing and certification of Forest Service
personnel performing animal damage management activities comply with
applicable federal and state regulations. Only certified pesticide
applicators may use or supervise the use of restricted-use pesticides
on National Forest System lands (FSM 2150).
2650.6--Cooperation in Animal Damage Management Activities. Both
the Forest Service and Animal and Plant Health Inspection Service
(APHIS)--Animal Damage Control unit have a responsibility for limiting
damage caused by wildlife, consistent with other wildlife values and
resource management objectives. APHIS responsibilities are generally
directed toward the management and control of animals causing damage to
livestock, agriculture, wildlife, human health and safety. Forest
service responsibilities are related to the management of National
Forest System resources. See FSM Sec. 1543.14 for the text of the
Memorandum of Understanding between the Forest Service and APHIS for
animal damage management activities.
The role of APHIS (7 CFR 2.51(41)) is as follows:
1. Evaluate animal damage management needs and conduct predator
control in cooperation with the Forest Service, state agencies, and
permittees.
2. Serve as lead agency for preparing environmental documentation
on animal damage management activities initiated by APHIS on National
Forest System lands.
3. Develop and update animal damage management work plans in
cooperation with the Forest Service and appropriate state and federal
agencies, and interested publics to ensure compliance with forest
plans.
4. Inform the Forest Service about animal damage management
requests, management activities, and results on a timely basis.
5. Provide the Forest Service with technical information on
recommended animal damage management tools and techniques.
6. Conduct animal damage management training sessions for Forest
Service personnel, when requested.
2651--Wildlife and Fish Damage Management
2651.1--Threatened and Endangered Species. Follow specific species
control plans for federally listed species (for example, grizzly bear
and wolf) cleared through consultation with the Fish and Wildlife
Service and National Marine Fisheries Service.
2651.2--Game and Furbearers. Control damage caused by game animals
and furbearers through hunting or trapping, where practicable, in
cooperation with the state fish and wildlife agencies, and APHIS, where
appropriate.
2651.3--Nongame Species. Control damage caused by nongame species
on National Forest System lands in close cooperation with the state
fish and wildlife agencies, or other involved state or federal
agencies.
2651.4--Birds. Where birds damage reforestation or other resources
or where they create health hazards, nonlethal repellents, frightening
devices, pesticides, or physical barriers may be used to prevent or
reduce resource damage or hazards. Obtain permits from the Fish and
Wildlife Service for any lethal control of species protected under the
Migratory Bird Treaty Act. Consult the Fish and Wildlife Service for
permit requirements and procedures.
2651.5--Fish and Aquatic Animals. States or other responsible
agencies have the authority to control undesirable fish and aquatic
animals in National Forest System waters. The Forest Service is
responsible for coordinating with the responsible agencies to develop a
work plan to ensure control activities are consistent with direction
provided in forest plans. Control activities conducted by the Forest
Service must meet appropriate environmental analysis requirements and
be consistent with forest plan direction.
2651.6--Wildlife and Fish Damage Management in Wilderness Areas.
Follow direction in FSM 2151, FSM 2323, and FSM 4063 for management of
wildlife or fish damage in wilderness and Research Natural Areas.
Animal damage management is permitted in wilderness when it was used
prior to wilderness designation; when it conforms with direction in FSM
2323.33 on resource management in wilderness; and when it is needed for
the recovery of federally listed threatened or endangered species.
2652--Reports. Report pesticide uses annually following direction
in FSM 2158.
[FR Doc. 94-14306 Filed 6-10-94; 8:45 am]
BILLING CODE 3410-11-M