[Federal Register Volume 64, Number 25 (Monday, February 8, 1999)]
[Notices]
[Pages 6034-6037]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-2907]


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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]
BILLING CODE 3410-11-P