[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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