Amendment of Land and Resource Management Plans in the Southwestern Region

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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