[Federal Register Volume 63, Number 104 (Monday, June 1, 1998)]
[Notices]
[Pages 29692-29695]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-14373]
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DEPARTMENT OF AGRICULTURE
Forest Service
Southwestern Region, Arizona, New Mexico, West Texas, and West
Oklahoma
Amendment of Land and Resource Management Plans in the
Southwestern Region
AGENCY: Forest Service, USDA.
ACTION: Notice of intent to prepare an environmental impact statement.
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SUMMARY: The Southwestern Region of the Forest Service is planning to
prepare an environmental impact statement on a proposal to amend
National Forest land and resource management plans to incorporate
standards and guidelines for management of habitat for American
peregrine falcon, Little Colorado River spinedace, loach minnow,
spikedace, Apache trout, Chihuahua chub, Gila trout, Gila top minnow,
razorback sucker, southwest willow flycatcher, cactus ferruginous pygmy
owl, Sonora tiger salamander, New Mexico ridgenose rattlesnake, and
Pima pineapple cactus. The amendment would add new standards and
guidelines which strengthen and clarify existing direction for the
protection of federally listed threatened and endangered species. The
amendment would apply to all subsequent project-level resource
management decisions which will
[[Page 29693]]
involve site-specific environmental analysis and appropriate public
involvement.
DATES: Comments in response to this Notice of Intent concerning the
scope of the analysis should be received in writing by July 10, 1998.
ADDRESSES: Send written comments to USDA Forest Service, 517 Gold Ave.
SW, Albuquerque, New Mexico 87102, ATTN: Director Ecosystem Analysis
and Planning.
RESPONSIBLE OFFICIAL: The Regional Forester, Southwestern Region, will
be the responsible official and will decide on amendments to land and
resource management plans to incorporate standards and guidelines for
the above mentioned threatened and endangered species.
FOR FURTHER INFORMATION CONTACT: Director of Ecosystem Analysis and
Planning, 517 Gold Ave. SW, Albuquerque, New Mexico 87102, (505) 842-
3251.
SUPPLEMENTARY INFORMATION: The Land and Resource Management Plans for
the eleven national forests and national grasslands in the Forest
Service's Southwestern Region were the subject of consultation with the
U.S. Fish and Wildlife Service (FWS) pursuant to Section 7 of the
Endangered Species Act prior to their approval from 1985 through 1988.
The FWS was consulted more recently concerning a 1996 region-wide
amendment to land and resource management plans. This latest
consultation considered species listed as threatened or endangered
since the plans were first approved. During the course of consultation,
additional direction for protection of certain listed species was
identified.
The following describes the proposed amendment, by species and by
forest:
All Species
All Forests
Activities that affect threatened or endangered species and their
habitat should be designed and implemented to minimize impacts on
individuals of the affected species. Base timing of implementation on
the biology of the species and its vulnerability to the activity.
American Peregrine Falcon
Apache-Sitgreaves National Forests
Survey potential peregrine falcon nesting habitat that may be
impacted by Forest activities. Surveys should take place as early as
possible during project development so that projects can be designed to
minimize any disturbance to peregrine falcons.
Conduct no activities that might disturb peregrine falcons during
their breeding and nesting period within one-half mile of suitable
nesting habitat, unless the area has been surveyed and found to be
unoccupied. Exceptions may be made through consultation with the U.S.
Fish & Wildlife Service.
Little Colorado River Spinedace, Loach Minnow, and Spikedace
Apache, Sitgreaves, Coconino, Gila, Prescott, and Tonto National
Forests
Apache Trout
Apache-Sitgreaves, Coronado, and Kaibab National Forests
Chihuahua Chub and Gila Trout
Gila National Forest
Gila Top Minnow
Coronado and Tonto National Forests
Razorback Sucker
Apache-Sitgreaves, Coconino, Prescott, and Tonto National Forests
The term ``species habitat'' encompasses all stream courses (bank
to bank) which are occupied, unoccupied suitable, potential, or
designated or proposed critical habitat for the listed fish species.
Potential habitat is that which is expected to become suitable within
10 years. Suitable habitat is defined in the final rule for listing the
species of concern and approved recovery plans.
Manage dispersed and developed recreation sites or recreation
improvements within species habitat to avoid adverse effects (as
determined by a site specific biological assessment) on the species.
Exclude off-road vehicle use from within species habitat and
adjacent riparian areas, in the absence of a site-specific analysis
which determines appropriate levels of use.
Exclude livestock from species habitat.
Exclude livestock from riparian areas adjacent to species habitat
until satisfactory riparian condition, as described in the forest plan,
is achieved. Manage livestock grazing to maintain desired condition
once it is achieved.
Allow no new water diversion for Forest Service uses from within or
immediately above species habitat in order to avoid stream flow
depletion. Exceptions can be made in situations benefiting threatened
and endangered species or their habitats.
Leave large woody debris in species habitat to provide diversity
where there are no threats to culverts and bridges.
As opportunities arise, obtain water rights or diversion scheduling
agreements to protect stream flows within species habitats.
Do not allow motorized mining, dredging, or material excavation for
non-locatable, common variety minerals within, adjacent to, or
immediately upstream of species habitat.
Only use chemical fire retardant adjacent to species habitat when
no other fire suppression means is available to protect the habitat.
Treat fuel accumulations to abate fire risk adjacent to species
habitat.
Southwest Willow Flycatcher
All Forests (Except the Kaibab and the Lincoln)
Allow no activities that slow or prevent progression of potential
habitat (habitat within 10 years of becoming suitable) toward suitable
conditions, or that reduce the suitability of occupied or unoccupied
suitable habitat.
Identify potential habitat with the greatest potential for
occupancy as highest priority for management, with the objective to
move it toward suitable conditions.
Exclude livestock grazing throughout the year in occupied
flycatcher habitat. Allow grazing in occupied southwestern willow
flycatcher habitat outside of its breeding season only where
southwestern willow flycatcher research is occurring under an approved
research plan.
Implement actions such as area closures, road closures,
interpretation, fencing, and special use permits, to minimize
recreational impacts, when it is determined recreation is a problem to
the flycatcher.
Implement measures such as provision of trash receptacles, regular
trash pick-ups, area closures during the breeding season, and public
information, where it is determined cowbirds and predator are a problem
to the flycatcher.
Protect occupied, suitable, and potential habitat from high
intensity wildfires and wildfire suppression activities.
Cactus Ferruginous Pygmy Owl
Coronado and Tonto National Forests
Projects in areas where it is determined that cactus ferruginous
pygmy owls are occupying a site during the breeding period shall: (a)
retain all nest trees and nest cacti; (b) avoid harassment of
individual owls; and (c) restore and maintain habitat, as determined by
a project-level biological assessment.
[[Page 29694]]
Sonora Tiger Salamander
Coronado National Forest
Inform all livestock permittees within the range of the Sonora
tiger salamander that they are required to notify the Forest at least
30 days prior to initiating maintenance, dredging, or cleaning out of
stock tanks.
Prior to any surface-disturbing activities at stock tanks within
the range of the Sonora tiger salamander, the presence/absence of the
salamander shall be determined by a qualified biologist (approved by
the Forest Biologist). If salamanders are not encountered during
seining of the pond, the salamander will be considered absent. If
salamanders are observed in the water or can be captured with a dip
net, seining is not necessary.
Individuals authorized by the Forest to maintain, dredge, or clean
out stock tanks occupied by Sonora tiger salamanders shall be informed
of the legal and sensitive status of the Sonora tiger salamander and
shall have a copy of these standards and guidelines.
New surface disturbance and clearing of vegetation during work at
stock tanks shall be minimized to the extent practicable.
Maintenance, dredging, and cleaning of occupied stock tanks shall
not occur from January 1 through May 31.
Oil, fuel, and other equipment fluid shall be stored away from
occupied stock tanks in secure containers. Any leaks shall be cleaned
up and properly disposed of as soon as they occur.
If salamanders or larvae are present prior to dredging or cleaning
out of stock tanks and a qualified biologist believes seining of
salamanders and larvae out of the tank would reduce mortality and
injury, then the tank shall be seined and animals held in suitable
tanks, aquaria, or holding ponds and returned to the tank after
maintenance is complete and, in the judgement of the qualified
biologist, the tank contains enough water to support the salamanders.
During maintenance activities, the amount of underwater objects
(logs, rocks, etc.) for salamander cover and egg deposition shall be
maintained or increased.
Vegetation cover at tanks occupied by salamanders shall be retained
or increased through (but not limited to) the use of partial fencing,
construction of water lots, double tanks, or alternative waters such as
wells and pipelines. Continue current management if cover is
satisfactory for the habitat needs.
Except as needed in emergency situations to abate immediate fire
threat of loss of life or property, no water shall be drafted from
stock tanks known to be occupied by Sonora tiger salamanders. Other
water sources, such as Parker Lake, wells, and water tenders shall be
considered before drafting water from occupied stock tanks.
In non-emergency situations, water shall be drafted from stock
tanks within the range of the salamander only if other sources of water
are not available or reasonably accessible, and only if the tanks are
not occupied by salamanders.
An objective of fire suppression activities shall be protection of
occupied Sonora tiger salamander habitat, including the watersheds of
those habitats.
All occupied tanks and apparently suitable tanks (free of nonnative
predators) within the range of the Sonora tiger salamander shall be
retained in public ownership.
If water is drafted from a stock tank within the range of the
salamander, it shall not be refilled with water from another tank,
Parker Lake, or other sources of water that may support fish,
salamanders, or bullfrogs.
As opportunities arise, work with Arizona Game and Fish Department
and the U.S. Fish & Wildlife Service in the development of interpretive
materials for users of the Forest that includes information about legal
protection of the salamander and prohibitions on use of live baitfish,
crayfish, and waterdogs, and transport of live bullfrogs in the San
Rafael Valley.
New Mexico Ridgenose Rattlesnake
Coronado National Forest
Inform permittees and all field personnel who implement any portion
of activities under the LRMP in New Mexico ridgenose rattlesnake
habitat of regulations and protective measures for the New Mexico
ridgenose rattlesnake. Inform all field personnel that intentional
killing, disturbance, or harassment of threatened or endangered species
is a violation of the Endangered Species Act and could result in
prosecution. Inform all personnel that care should be exercised when
operating vehicles in the project area to avoid killing or injuring
snakes on roads.
Remove livestock from burned areas in New Mexico ridgenose
rattlesnake habitat during at least two monsoon seasons (July 1-Oct.
15) following prescribed fire, to facilitate vegetation recovery.
Pima Pineapple Cactus
Coronado National Forest
Confine vehicle use to existing roadways in occupied habitat.
Manage fuel loads and vegetation density to protect occupied sites
from the effects of high intensity wildfires.
Pre-plan suppression strategies in occupied habitat to minimize
suppression impacts on the species.
Comments concerning the proposed action were solicited from
approximately 2,200 potentially affected and interested people,
agencies, and organizations in March and April 1998. Preliminary issues
include effects on habitat and population viability, effects on
vegetation structure and composition, effects on goods and services to
be produced under land and resource management plans, and effects on
jobs, income and rural community economics, and effects on statutory
rights. These issues will be refined and developed in detail as the
analysis proceeds. Comments on the issues and suggestions for
additional issues are welcome in response to this Notice of Intent.
A draft environmental impact statement is expected to be available
for public review and comment in August 1998, and a final environmental
impact statement available in December 1998.
The comment period on the draft environmental impact statement will
run for 45 days following the date the Environmental Protection Agency
publishes the notice of availability in the Federal Register.
The Forest Service believes it is important to give reviewers
notice of several court rulings related to public participation in the
environmental review process. First, reviewers of draft environmental
impact statements must structure their participation in the
environmental review of the proposal so that it is meaningful and
alerts an agency to the reviewer's position and contentions. Vermont
Yankee Nuclear Power Corp. v. NRDC, 435 U.S. 519, 553 (1978). Also,
environmental objections that could be raised at the draft
environmental impact statement stage but that are not raised until
after completion of the final environmental impact statement may be
waived or dismissed by the courts. City of Angoon v. Hodel, 803 F.2d
1016, 1022 (9th Cir. 1986) and Wisconsin Heritages, Inc. v. Harris, 490
F. Supp. 1334, 1338 (E.D. Wis. 1980). Because of these court rulings,
it is very important that those interested in this proposed action
participate by the close of the comment period so that substantive
comments and objections are made available to the
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Forest Service at a time when it can meaningfully consider them and
respond to them in the final environmental impact statement.
To assist the Forest Service in identifying and considering issues
and concerns on the proposed action, comments on the draft
environmental impact statement should be as specific as possible. It is
also helpful if comments refer to specific pages or chapters of the
draft statement. Comments may also address the adequacy of the draft
environmental impact statement or the merits of the alternatives
formulated and discussed in the statement. Reviewers may wish to refer
to the Council on Environmental Quality Regulations for implementing
the procedural provisions of the National Environmental Policy Act at
40 CFR 1503.3 in addressing these points.
Comments received in response to this solicitation, including names
and addresses of those who comment, will be considered part of the
public record on this proposed action and will be available for public
inspection. Comments submitted anonymously will be accepted and
considered. Additionally, pursuant to 7 CFR 1.27(d), any person may
request the agency to withhold a submission from the public record by
showing how the Freedom of Information Act (FOIA) permits such
confidentiality. Persons requesting such confidentiality should be
aware that, under the FOIA, confidentiality may be granted in only very
limited circumstances, such as to protect trade secrets.
The Forest Service will inform the requester of the agency's
decision regarding the request for confidentiality, and where the
request is denied, the agency will return the submission and notify the
requester that the comments may be resubmitted with or without name and
address.
Dated: May 26, 1998.
Paul Johnson,
Acting Regional Forester.
[FR Doc. 98-14373 Filed 5-29-98; 8:45 am]
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