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 Prevention And Control Of Wildlife Damage 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 Prevention And Control Of Wildlife Damage 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 Prevention And Control Of Wildlife Damage 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 Prevention And Control Of Wildlife Damage Forest Service and APHIS cooperate in discharging Federal
obligations under the Animal Damage Control Act 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 Prevention And Control Of Wildlife Damage authorities
(e.g., Multiple-Use Sustained-Yield Act of 1960, 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 Prevention And Control Of Wildlife Damage 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 Prevention And Control Of Wildlife Damage 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 Prevention And Control Of Wildlife Damage 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. The 1993 MOU
clarifies the role of each Forest Supervisor in cooperating with APHIS and the
states in Prevention And Control Of Wildlife Damage 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 Prevention And Control Of Wildlife Damage 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 Prevention And Control Of Wildlife Damage interim, the
Forest Service and APHIS will follow procedures outlined in the 1993 MOU for
which notice was published in the Federal Register.
Section of Forest Service
Handbook, Sept. 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.''
This Prevention And Control Of Wildlife Damage 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 Prevention And Control Of Wildlife Damage 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 Prevention And Control Of Wildlife Damage 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 Prevention And Control Of Wildlife Damage
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 Prevention And Control Of Wildlife Damage 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 Prevention And Control Of Wildlife Damage 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 Prevention And Control Of Wildlife Damage authorities govern animal damage
management activities on National Forest System lands: 1. The Animal Damage Control
Act of March 2, 1931 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.
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