Threatened and Endangered Species Management on the Allegheny National Forest, Warren, McKean, Elk and Forest Counties, Pennsylvania

DEPARTMENT OF AGRICULTURE

Forest Service

Threatened and Endangered Species Management on the Allegheny

National Forest, Warren, McKean, Elk and Forest Counties, Pennsylvania

AGENCY: Forest Service, USDA.

ACTION: Notice of intent to prepare an environmental impact statement.

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SUMMARY: The Forest Service will prepare a Draft and a Final

Environmental Impact Statement to disclose the environmental

consequences of amending the Forest Plan to include various strategies

for managing federally listed threatened and endangered species on the

Allegheny National Forest. Species to be considered include the Indiana

bat (Myotis sodalis), the clubshell mussel (Pleurobema clava) and the

northern riffleshell mussel (Epioblasma torulosa rangiana), which are

federally listed as endangered, and the small whorled pogonia (Isotria

medeoloides) and the bald eagle (Haliaeetus leucocephalus) which are

federally listed as threatened. The proposed action is to amend and

supplement the standards and guides in the Allegheny Land and Resource

Management Plan (Forest Plan).

The purpose and need for this proposal is to maintain and enhance

habitat to ensure the continued existence of the aforementioned

threatened and endangered species in light of new information recently

acquired. There is a need to adjust some of the existing standards and

guides and provide some additional direction in the Forest Plan to

ensure their conservation. Based on a review of the regulations (36 CFR

219.10f) and of the Forest Service Manual and Handbook direction (FSM

1922.51 and FSH Chapter 5.32) the proposed action is a non-significant

amendment to the Forest Plan. The

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proposed action does not significantly alter the long term goals and

objectives nor management area designations of the current plan. The

decision to amend the plan will extend until the Forest Plan is

revised, which is planned for the year 2001.

The Allegheny National Forest Land and Resource Management Plan, at

the time it was completed in 1986, considered pertinent threatened and

endangered species and appropriate mitigation measures. This amendment

will consider the new information which has come out since 1986. Forest

Plan direction will be amended, where necessary, to ensure standards

and guidelines incorporate currently available knowledge concerning

these species.

Any modification required will be based on the range of site-

specific conditions that exist on the Allegheny National Forest and

will be designed to mitigate impacts from the ongoing and future

projects and to enhance the recovery of the threatened and endangered

Species.

As an initial step in completing this new Draft and Final

Environmental Impact Statement, Allegheny National Forest personnel

have completed a biological assessment which has been submitted to the

USDI-Fish and Wildlife Service for their consideration in preparing the

biological opinion. This biological assessment contains suggested terms

and conditions which relate to managing these threatened and endangered

Species. Many of these are already part of the standards and guidelines

in the Forest Plan.

Allegheny National Forest personnel invite written comments and

suggestions on the scope of this analysis and environmental impact

statement. That is, the Allegheny National Forest would like comments

on what issues and possible alternatives should be considered and

analyzed. In addition, the agency gives notice that the environmental

impact statement preparation process will be conducted so that

interested and affected people are aware of how they may participate in

and contribute to the final decision. This environmental impact

statement will result in an amendment to the Allegheny National Forest

Land and Resource Management Plan.

DATES: Comments and suggestions concerning the scope of the analysis

should be submitted in writing and postmarked by March 10, 1999, to

ensure timely consideration.

ADDRESSES: Send written comments to Endangered Species Management,

Allegheny National Forest, P. O. Box 847, Warren PA 16365.

FOR FURTHER INFORMATION, CONTACT: Brad Nelson, Allegheny National

Forest at 814/723-5150.

SUPPLEMENTARY INFORMATION:

Forest Plan Background

The Allegheny National Forest Land and Resource Management Plan

(Forest Plan), approved in 1986, provides for the management of forest

resources. The Forest Plan was developed to maintain or enhance the

species composition, structure, and functioning of Allegheny plateau

ecosystems on the Allegheny National Forest, while providing a variety

of goods and services to the American people.

Analysis documented in the Final Environmental Impact Statement

evaluated potential effects on threatened and endangered species

inhabiting the Allegheny National Forest and determined actions

Allegheny National Forest personnel should implement which would

contribute toward their recovery.

As part of the planning process, Federal agencies are required to

comply with provisions of the Endangered Species Act of 1973, as

amended. This includes a requirement to consult with the U. S.

Department of Interior, Fish and Wildlife Service on proposals which

may affect species federally listed as threatened, endangered, or

proposed. In February 1986, consultation was completed for the newly-

developed Forest Plan.

Since then, the Fish and Wildlife Service and the Allegheny

National Forest have continued consulting when three different

Environmental Impact Statements proposed amendments to the Forest Plan,

when new issues have arisen, and when new species were added to the

endangered species list.

New Information Related to Threatened and Endangered Species

In July 1998, based on additional new information, Allegheny

National Forest personnel began informal consultation again with the

Fish and Wildlife Service. That information included the following:

Bald eagle populations have increased, with three new nests located on

or near the Allegheny National Forest; the Indiana bat was found on the

Allegheny National Forest; and two species of fresh water mussels had

been added to the Federal list of threatened and endangered species.

Continuing research and inventory of threatened and endangered

species populations on the Allegheny National Forest, as well as

refinement of our knowledge of these species' habitat requirements,

prompts us to update the potential effects of continued implementation

of the existing Forest Plan, as amended, on these five Federally listed

species.

Allegheny National Forest personnel completed a biological

assessment for the five species and transmitted it to the Fish and

Wildlife Service on December 17, 1998. The Biological Assessment

includes proposed terms and conditions, and any modifications issued by

the Fish and Wildlife Service in the bioligical opinion, would provide

the basis for the Forest Plan amendment. These terms and conditions

consititute the proposed action.

Proposed Action: Measures to Minimize Potential Adverse Effects to

Threatened And Endangered Species

Indiana Bat

Current Forest Plan standards and guidelines provide protection to

Indiana bat habitat and populations. The following measures are

proposed to strengthen the Allegheny National Forest's ability to

protect and manage habitat for this species. To understand these

measures, distinctions are made between green units and salvage units.

Green units are stands consisting primarily of live trees. Salvage

units are where conditions such as insect and disease infestations or

other catastrophic events have created a stand where the amount of dead

and dying trees predominate (<40% of relative stand density in live

trees).

The Allegheny National Forest standard of retaining 5-10 snags per

acre will remain in effect for all salvage units, while most snags will

be retained in green units. The modified standards would add a size

requirement for some of the retained snags. Retention of clumps of

existing trees in stands to be final harvested remains an important

component of bat habitat.

Caves

1. Continue working with universities, Pennsylvania Game

Commission, and local Allegheny National Forest users to locate and

survey caves that may contain Indiana bats. If an Indiana bat

hibernaculum is found on the Allegheny National Forest, consult with

the Fish and Wildlife Service to determine standards and guidelines

necessary to protect and manage the hibernaculum.

Potential Roosting/Foraging Habitat

1. Retain shagbark and shellbark hickories regardless of size in

partial and final harvest cutting units.

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2. For green units (both partial and final harvests) retain snags

that do not pose a safety hazard to the sawyer or the public. Retain at

least 8-15 live trees per acre greater than 9 inches diameter at breast

height in all final harvest units and retain at least 16 live trees per

acre greater than 9 inches diameter at breast height in partial cuts.

3. For salvage units in partial cuts retain at least 5-10 snags per

acre greater than or equal to 9'' diameter at breast height and of

these 1 tree for each 2 acres greater than or equal to 20'' diameter at

breast height. Retain at least 16 live trees per acre greater than or

equal to 9'' diameter at breast height and 3 live trees for each acre

greater than or equal to 20'' diameter at breast height as recommended

by the Indiana Bat Recovery Team.

4. When planning partial cuts, strive to reduce canopy closure to

60-80 percent.

5. For salvage units in final harvest cuts and clearcuts, retain at

least an average of 3 snags for each acre greater than or equal to 9''

diameter at breast height, of these snags retain 1 for each 10 acres

greater than or equal to 12'' diameter at breast height. Retain at

least 8-15 live trees/acre greater than or equal to 9'' diameter at

breast height and at least 1 tree for each acre greater than or equal

to 20'' diameter at breast height.

6. Avoid removal of known roost trees. In the unlikely event that a

known roost tree must be removed, such removal will be conducted

through consultation with the Fish and Wildlife Service.

7. Known maternity roosts may be removed at any time, after

consultation with Fish and Wildlife Service, if they constitute an

immediate threat to public safety. However, such removal will be as a

last resort, after other alternatives (such as fencing the area, etc.)

have been considered and deemed unacceptable.

8. Demolition or removal of buildings or other man-made structures

that harbor bats should occur while the bats are hibernating and a bat

box should be installed in a proper location to provide an alternate

roosting site. If public safety is threatened and the building must be

removed while bats are present, a bat expert should examine the

building to determine if Indiana bats are present. If Indiana bats are

present, consultation with Fish and Wildlife Service is required before

removal. If none are present, demolition can proceed.

9. If new planned road and trail construction, wildlife opening

construction, gravel pit development, federally owned oil and gas

development, or other non-forest uses create conditions where the

amount of forested acres drop below 30 percent of the watershed,

consultation with the Fish and Wildlife Service will be initiated to

determine how best to provide habitat for the Indiana bat.

Water Sources

1. Create or renovate bat drinking water sources where none are

currently available (a minimum of one per square mile).

2. Allow water filled road ruts to remain where they do not

compromise soil and water quality.

Inventory, Monitoring, and Research

1. Follow interagency working group and/or Indiana Bat Recovery

Plan recommendations for research, inventory and monitoring habitat and

populations across the Allegheny National Forest.

2. Pursue additional funding and partnership opportunities to

complete needed research, inventory, and monitoring work.

3. Monitor snags, den trees, and reserve live trees on 10 final

harvest units and 10 partial cuts annually across the Allegheny

National Forest.

4. Where opportunities arise, work with land owners, general

public, and other agencies to promote education and information about

endangered bats and their conservation.

Clubshell And Northern Riffleshell Mussels

Current Forest Plan standards and guidelines provide protection to

clubshell and northern riffleshell populations and habitat. The

following measures are proposed to strengthen the Allegheny National

Forest's ability to correct erosion and sedimentation problems that may

result from past road and trail problems:

Continue to identify erosion and sedimentation problems associated

with Forest Service activities (primarily old roads and trails) with

particular attention to the 13 percent of the Allegheny National Forest

that drains directly into the Allegheny River. Where necessary

implement practices such as: (1) Using less erosive road surfacing

material (limestone) along sections of roads, and/or stream crossings

to the first cross-drain on either side of the crossing; (2) placing

rip rap at the outlet of those cross-drains on steep fill-slopes; (3)

placing additional cross-drains to dissipate runoff more frequently to

avoid concentrating more flow which could lead to formation of a new

channel to a stream, (4) placing additional cross-drains before a

stream crossing, (5) restricting use on problem roads (change from

``open'' to ``restricted'', and (6) obliterate roads no longer needed

for management activities that have potential for sediment input into a

stream course.

Bald Eagle

The following measures are proposed to strengthen the Allegheny

National Forest's ability to protect and manage habitat for this

species.

1. Change the seasonal restriction from February 1 to January 15

and re-write the Forest Plan standards and guidelines to be compatible

with the Bald Eagle Recovery Plan.

2. For any new access sites on Allegheny National Forest land

within the Allegheny Wild and Scenic River corridor, or requiring

federal funding or authorization, bald eagle use will be assessed

within the section of river corridor where human use will likely

increase.

3. The Forest Service will consult with Fish and Wildlife Service

on any Forest Service activities within the buffer zones around each

nest.

4. The Forest Service will collect data necessary to determine the

level of potential effects to nesting eagles on the Allegheny Reservoir

by determining the level of boating activity and the behavior of the

nesting pair while foraging and nesting before and after Memorial Day.

If any harrassment is noted or suspected, the Fish and Wildlife Service

will be contacted.

5. Continue discussions with the Pennsylvania Game Commission, U.S.

Army Corps of Engineers and USDI-Fish and Wildlife Service to determine

if boat access needs to be restricted in Cornplanter Bay.

6. The new contract for operating recreation areas and boat

launches on the Allegheny Reservoir will stipulate that discarded

fishing line along the shoreline developed for access will be cleaned

up monthly during the summer.

7. Signing and/or news releases to educate hunters not to shoot

eagles will be developed and distributed by Allegheny National Forest

personnel.

Small Whorled Pogonia

1. The survey of potential habitat within 227,000 acres of the

Allegheny National Forest has not found the small whorled pogonia.

Since no small whorled pogonias have been found, a new survey approach

is worth testing. The new proposed survey strategy would identify the

habitat with the highest potential for finding small whorled pogonia

and survey those areas each year. This would substitute for the current

practice of surveying for each individual project. By surveying the

highest potential habitat, the likelihood

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of finding the species on the Allegheny National Forest will be

increased. If found, a better understanding of its habitat needs can be

assessed.

2. If a small whorled pogonia is found on the Allegheny National

Forest, consultation with the Fish and Wildlife Service will be re-

initiated.

The Allegheny National Forest entered into formal consultation with

the Fish and Wildlife Service on December 18, 1998. During formal

consultation, the Fish and Wildlife Service may elect to change or

delete some of these proposed terms and conditions, or they may add new

terms and conditions. We expect the Fish and Wildlife Service to issue

a biological opinion with the final terms and conditions early in the

first half of 1999.

Proposed Forest Plan Amendment and Draft Environmental Impact Statement

Once the biological opinion is issued, Allegheny National Forest

personnel will complete the Draft Environmental Impact Statement and

send it out for review and comment.

The analysis documented in Draft Environmental Impact Statement

will consider a range of alternatives. One of these alternatives will

evaluate no change to the current Forest Plan (No Action). A second

alternative would be the proposed action which is to amend the Forest

Plan to incorporate the terms and conditions proposed in the Biological

Assessment, as modified by the Biological Opinion to be issued. Issues

which are generated through the scoping process may generate additional

alternatives.

Federal, State, and local agencies, and other individuals or

organizations who may be interested in or affected by the decision are

invited to participate in the scoping process. This process includes

the following: (1) Identification of potential issues; (2)

identification of issues to be analyzed in depth; and (3) elimination

of insignificant issues, those outside the scope of this analysis, or

those which have been covered by a previous environmental review. At

this point in the process, we would appreciate your comments on what

issues and possible alternatives should be considered and analyzed.

Comments directed toward the substance of the project, as opposed to

the scope of the analysis, are more appropriately submitted during the

comment period following release of the draft environmental impact

statement.

Preliminary issues identified include the following:

1. What are the effects of implementing current Forest Plan

direction on threatened and endangered species known to exist on or

near the Allegheny National Forest (and their habitat), given current

knowledge?

2. Are there additional actions Allegheny National Forest personnel

should implement that would contribute toward the recovery of these

species?

3. What are the changes to the current Forest Plan activities,

outputs, and environmental effects from implementing any additional

actions?

The Draft Environmental Impact Statement is expected to be filed

with the Environmental Protection Agency and to be available for public

review during April or May of 1999. At that time, the Environmental

Protection Agency (EPA) will publish in the Federal Register a notice

of availability of the draft environmental impact statement. The

comment period on the draft will be 45 days from the date the EPA

notice appears in the Federal Register.

Related Court Rulings

The Forest Service believes it is important to give reviewers

notice at this early stage 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 proposals so that it

is meaningful and alerts an agency to the reviewers 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 may be waived if not raised

until after completion of the final environmental impact statement,

City of Angoon v. Hodel, 803 F.2d 1016, 1022 (9th Cir .1988), 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 45-day comment period so that substantive comments and objections

are made available to the Forest Service at a time when it can

meaningfully consider them and respond to them in the final

environmental impact statement.

Comments and Decision

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 CEQ Regulations for implementing the procedural

provisions of the National Environmental Policy Act at 40 CFR 1503.3 in

addressing these points). After the comment period ends on the draft

environmental impact statement, the comments received will be analyzed

and considered by the Forest Service in preparing the final

environmental impact statement.

The final environmental impact statement is scheduled to be

completed in August of 1999. In the final Environmental Impact

Statement, the Forest Service is required to respond to the comments

received (40 CFR 1503.4). The responsible official will consider the

comments, responses, environmental consequences discussed in the

environmental impact statement, and applicable laws, regulations and

policies in making a decision regarding this proposal. The responsible

official will document the decision and reasons for the decision in a

Record of Decision. That decision will be subject to appeal under 36

CFR part 217.

The responsible official is John E. Palmer, Forest Supervisor,

Allegheny National Forest, 222 Liberty Street, P.O. Box 847, Warren PA

16365.

Dated: February 2, 1999.

John E. Palmer,

Forest Supervisor.

[FR Doc. 99-2907 Filed 2-5-99; 8:45 am]

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