[Federal Register Volume 65, Number 48 (Friday, March 10, 2000)]
[Notices]
[Pages 12965-12968]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-5581]


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DEPARTMENT OF AGRICULTURE

Forest Service


Special Forest Products Resource Management in the Alaska Region

AGENCY: Forest Service, USDA.

ACTION: Notice of interim policy.

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SUMMARY: In October 1997 the Regional Forester appointed a Special 
Forest Products Task Group for the purpose of formulating 
recommendations on how the Alaska Region should manage commercial use 
of special forest product resources. This initiated a process of 
defining and clarifying a practical method for managing the commercial 
harvest of special forest product resources in the Alaska Region. The 
Interim Special Forest Products Resource Management Policy incorporates 
agency, tribal, and public input.
    The interim policy presents a region-wide strategy for management 
of special forest product resources in National Forests in Alaska. This 
policy applies only on National Forest system lands. It does not affect 
use of special forest product resources on state, private, or Native 
corporation lands. Because the policy is region-wide, it must be broad 
enough to encompass situations throughout the Alaska Region, from the 
Anchorage area to Hydaburg. It therefore focuses primarily on 
consistency with the process of special forest product resource 
management. Forest-related issues and the applicable Forest Plan will 
be addressed through forest-level policy development. Site-specific 
issues will be resolved at the local level by the district ranger, with 
tribal and community involvement, including the use of appropriate 
National Environmental Policy Act analysis.

DATES: Comments concerning this interim policy should be received in 
writing by April 24, 2000.

ADDRESSES: Submit written comments to Phyllis Woolwine, Juneau Ranger 
District, 8465 Old Dairy Road, Juneau, Alaska 99801.

FOR FURTHER INFORMATION CONTACT: Write Phyllis Woolwine, Juneau Ranger 
District, 8465 Old Dairy Road, Juneau Alaska 99801 or send e-mail to 
sfp/r10 [email protected]. Copies of the policy can be obtained at 
any Forest Service District Ranger or Forest Supervisor office in 
Alaska. The policy can also be read on the internet at www.fs.fed.us/
r10.

SUPPLEMENTARY INFORMATION: The following is the Interim Special Forest 
Product Resource Management Policy.

Definitions

    Special Forest Products are products derived from non-timber 
biological resources that are used for personal, educational, 
commercial, and scientific use. Special forest product resources 
include, but are not limited to: Mushrooms, boughs, Christmas trees, 
bark, ferns, moss, burls, berries, cones,

[[Page 12966]]

conks, herbs, roots, and wildflowers. Also included are cuttings (such 
as of willow used for restoration) and transplants (as for landscaping 
purposes). Special forest product resources exclude saw-timber, 
pulpwood, cull logs, small round-wood, house logs, utility poles, 
minerals, animals, animal parts, rocks, water and soil.
    Non-Commercial Use
    (1) Subsistence Use--Customary and traditional uses by rural 
residents, as defined in the Alaska National Interest Lands and 
Conservation Act (ANILCA); Title VIII, for direct personal or family 
use or consumption, barter, sharing, or customary trade that does not 
constitute a significant commercial enterprise.
    (2) Personal Use--Gathering of small quantities of materials for 
personal or family use or consumption; not intended for selling or 
resale. This includes cultural and traditional use by non-rural 
residents.
    (3) Other Non-Commercial Use--This includes collections of plants 
by non-commercial entities for research not directed toward development 
of a commercial product. Educational use is also considered non-
commercial when the class or workshop is affiliated with a college, 
university, tribe or other recognized organization. The class 
instructor may be compensated for his/her time in gathering and 
preparing the materials for the classroom, either by the organization 
or by the students.
    Commerical Use--Materials harvested for the primary purpose of 
sale, resale, or use in a manufacturing process resulting in a product 
that will be sold or used for business activities. Research collections 
directed at development of a commercial product are also treated as 
commercial use.
    In compliance with national and regional direction on special 
forest product resource management, forests and districts shall develop 
commercial special forest product resource management guidelines. 
Forests and districts shall outreach to tribes and local interested 
parties to ensure local involvement with the development of local 
special forest product resource management guidelines. These guidelines 
will be consistent in process but may vary in approach to specific 
species.

Permitting Requirements

    Permits are required for commercial harvest of any special forest 
product resource. Research collections directed primarily at developing 
a commercial product also require a commercial use permit, and are 
subject to current national terms and conditions.
    Collections that qualify as non-commercial research or educational 
use can be authorized through an administrative use permit or a free 
use permit.
    In the majority of cases, non-commercial gathering of special 
forest product resources for subsistence and personal use in the Alaska 
Region do not require a special forest product permit. People 
collecting special forest product resources on the National Forest 
System lands in Alaska are expected to exercise reasonable care in 
protecting the resource from damage. Exercise control where necessary 
to prevent destructive gathering, over-harvesting, or damage to 
resource values. The authorized officer may require a free-use permit 
in order to mitigate site or species-specific concerns.
    The Forest Service reserves the right to unilaterally revoke any 
permit for the permittee's noncompliance with its terms and conditions 
or when revocation is in the public's interest.
    Special forest product resource use is prioritized according to: 
(1) Subsistence use (highest priority); (2) personal use, including 
customary and traditional gathering; (3) non-commercial research and 
educational uses; (4) commercial use. Priority uses may be sustained by 
not issuing commercial permits for areas where subsistence, personal, 
or cultural/traditional users gather, or by restricting commercial 
permits for certain special forest product resources that these users 
rely on, and which may be in limited supply.
    As part of a community-based development of local guidelines, 
special forest product resource managers will consult with tribal 
officials in a government-to-government relationship to identify local 
areas and species of culturally significant plant resources and 
possible management practices that may enhance those resources. Special 
forest product resource managers will also outreach to include 
involvement by other locally interested parties.

Commercial Harvest Guidelines

    Areas of primary consideration for commercial special forest 
product resource harvest are locations where planned management 
activities would otherwise damage or destroy the product. Under these 
circumstances, certain harvest restrictions (e.g., quantity limits, 
certain restricted species, etc.) for special forest product resources 
may be modified. Areas scheduled for timber harvest, road and trail 
construction and maintenance, and any vegetation management that will 
impact the special forest product resources in the area should be given 
top priority for commercial special forest product resource harvest. 
Where such areas are not available, commercial special forest product 
resource harvest may be allowed in other areas. However, commercial use 
of special forest product resources shall not conflict with standards 
and guidelines for management prescriptions in the applicable forest 
plan. Areas of known traditional subsistence and personal use should be 
prioritized for subsistence and personal use.
    Frequency of commercial harvest is based at a minimum on the 
ability of a species to return to its pre-harvest condition. Other 
consideration may apply.
    Devil's club (Oplopanax horridus) is not available for commercial 
harvest on the Tongass National Forest, based on Forest-wide cultural 
sensitivity. The availability of devil's club on the Chugach National 
Forest will be addressed at the Forest and District levels.

Permits for Commercial Harvest of Special Forest Products: 
Environmental Analysis

    Commercial harvest of special forest product resources on National 
Forest System lands is subject to the National Environmental Policy Act 
(NEPA). Different proposed harvest activities require different levels 
of NEPA analysis, including the environmental impact statement (EIS), 
environmental analysis (EA), and categorical exclusion (CE).
    The NEPA process is the appropriate vehicle for including input 
from all interested parties when there is a request for commercial 
harvest of special forest product resources.
    As part of NEPA analysis for other disturbance activities, consider 
existing and future potentials for special forest product resource 
uses.
    Civil rights impact analyses and social impact analyses are 
accomplished through the NEPA process.
    In accordance with national and regional direction and the 
applicable forest plan, the NEPA analysis should identify and address, 
as appropriate, disproportionately high and adverse human health and 
environmental effects of any activity on minority populations and low-
income populations.
    Coordinate with the State and Private Forestry Forest Health 
Protection program if there are any recognized concerns regarding 
insect pests and diseases associated with special forest product 
resources, as harvest of special forest product resources can 
contribute to their spread.

[[Page 12967]]

Project Level Process

    Permits are in all cases required for commercial harvest of special 
forest product resources, as well as for research collections directed 
at development of a commercial product. For commercial harvest, the 
permit must regulate the manner in which special forest product 
resources are harvested, provide information for monitoring the amount 
harvested, cover the government's administration cost, and to ensure 
the agency receives a fair market price for the sale of public 
resources to individuals receiving benefits beyond those received by 
the general public.
    The following procedures for commercial special forest product 
permitting shall be followed at the district level, ensuring compliance 
with national, regional, forest and district direction, as well as 
adequate review by tribes and interested groups or individuals.
    Persons wishing to harvest special forest product for commercial or 
research uses for the Alaska Region must fill out a special forest 
product permit application, supplied by the district, detailing 
requested plants/plant parts, quantities, proposed harvest methods, 
proposed harvest areas (indicated on a map), dates of harvest, number 
of people involved in harvest and transport, means of access and 
transportation, and intended use for the product(s). The application 
form will include summarized instruction on Alaska Region Policy. This 
application must be reviewed by district resource managers and the 
district ranger for consistency with national and regional directive, 
and with district special forest product guidelines. Any proposal at 
variance with these directives and guidelines shall be brought to the 
attention of the applicant for revision or exclusion from the 
application before further consideration is made.
    Allowable harvest areas must be consistent with allowable uses 
designated in the forest plan. The appropriate line officer has the 
responsibility to restrict harvest areas or plants as necessary to 
accommodate local subsistence use, traditional use, and personal use 
priorities, as well as to mitigate for ecological or sustainability 
concerns. The line officer may limit allowable harvest quantities by 
each permittee for a number of reasons, including sound land management 
practices and diversifying economic opportunities among local 
residents.
    All permit applications shall be made available at the district 
office for access and review by any member of the public. In addition, 
any groups or individuals interested in specific plants or areas may 
receive copes of pertinent applications for review as requested.
    Local tribes shall be directly notified of any proposed commercial 
special forest product resource harvest activities within their use 
area in the interest of government-to-government relations. Through the 
consultation process, tribal officials may identify any possible area 
of conflict with cultural and traditional uses such as traditional 
gathering areas or traditional-use plants associated with the intended 
harvest. Confidentiality with regard to culturally sensitive 
information shall be exercised to the greatest extent possible when 
consulting with tribes. Accessing traditional knowledge should be done 
in such a way as to maintain tribal ownership of tribally contributed 
information wherever possible.
    The appropriate line officer shall consider the physical and 
cultural needs of the tribe when making the final decision on 
permitting, in keeping with applicable federal laws, regulations, and 
policies relating to government-to-government relations.
    All proposed commercial harvest activities shall be reviewed by the 
district or forest plant specialist in order to identify potential 
regeneration or sustainability concerns for individual plant species or 
groups, such as mosses and lichens. The district shall maintain a list 
of species having ecological, cultural, or sustainability concerns; 
harvest for those species may be restricted or prohibited. This list 
will be updated annually or as necessary to include information gained 
through monitoring, research, or tribal and community input.
    All proposed commercial special forest product harvest activities 
will be subject to the appropriate level of NEPA analysis. Small 
amounts of non-controversial special forest products may only need 
review by the district, Tribe and identified interest groups. A 
categorical exclusion may be appropriate for such permits, if no 
concerns are raised during the initial review. Larger amounts or 
potentially controversial species will require further public scoping 
process.
    If a district receives a significant number of special forest 
product permit applications, NEPA analysis may be done to identify in 
advance appropriate commercial use areas and harvest limits for 
specified special forest product resources, for a given period of time. 
The purpose would be to minimize community benefits while minimizing 
impacts to subsistence and personal use. However, this type of analysis 
shall not be done for areas or species until a significant number of 
permit applications have been received.
    As a result of appropriate NEPA analysis, including review by 
district personnel, tribal government, and interested parties, as well 
as public scoping as appropriate, the proposed activity on the permit 
application may be revised before a permit is issued. The permit will 
be issued on either form FS-2400-1 or FS-2400-4, depending on the 
quantity and value of the proposed sale. Permits indicate the type of 
permitted action, the species involved, the amount permitted for 
harvest method, the area approved for the permitted action, time frames 
for removal, terms and conditions, local guidelines, and any 
specialized instructions deemed necessary for such use. The minimum 
charge for a commercial special forest product permit is $10, in 
accordance with national direction.
    A blanket commercial use permit may be issued to a tribe for the 
purpose of allowing tribal administration of non-subsistence commercial 
use by tribal members. This commercial use permit would be issued to 
the tribe and, like all other commercial use permits, is subject to 
national, regional and forest special forest product policy and 
regulations governing commercial use of special forest product 
resources. Under the terms and conditions of the permit, the tribe may 
then issue sub-permits allowing members of that tribe to conduct 
harvest activities. The tribe will have jurisdiction over its members 
with regard to compliance.

Valuation of Special Forest Products

    Rates for commercial harvest of special forest product resources 
should reflect local conditions such as distance from the market, 
difficulty of harvest, quality of the product and market factors.
    The Alaska Region shall develop a minimum rates table for sale of 
specific special forest product resources. Development of minimum rates 
shall be the responsibility of the Director of Forest Management.
    Standard rates shall be established and updated for each forest and 
shall be the responsibility of the forest timber staff officer. 
Standard rates should be more reflective of fair market value, should 
be adjusted annually, and should generally be based on 10 percent of 
the price paid to harvesters.
    Product availability is subject to many factors, including 
abundance, ecological concerns, and use priorities. Some products will 
not be available on a forest or district based on management decisions 
at the forest and district level.

[[Page 12968]]

    Special forest product requests with an appraised value of $2,000 
or greater, or those for which competition exists, shall be advertised 
for 30 days and made available through a bidding process.
    Selling units (bushels, pounds, each, etc.) for specific special 
forest product resources shall be consistent across the Alaska Region 
to make record keeping, reporting, and monitoring more accurate and 
efficient.

Inventory and Monitoring Strategies:

Inventory

    In order to determine availability of special forest product 
resources for the Alaska Region, an inventory must be established to 
assess the range, distribution and abundance of species. Initially, the 
inventory may rely on using existing data (e.g., stand exams, botany 
and ecology surveys, research, etc.) and traditional knowledge. The 
level of inventory should be determined partly by the level of demand 
and the scope of harvest. Inventory should be developed at the district 
level. District inventories shall be integrated at the forest level and 
regional level. The inventory should encompass the following 
objectives:
    (1) Develop a list of species for which inventory information is 
needed.
    (2) Information derived from the NEPA process should be fed into 
the inventory.
    (3) Such Natural Resource Information System (NRIS) tools as the 
TERRA (Terrestrial) and FSVEG (Field Sampled Vegetation) databases, and 
the ECOMAP and Existing Vegetation classification and mapping modules, 
shall be used to track and integrate the inventories at the forest and 
regional level.
    (4) This species presence and abundance information becomes part of 
a foundation for district-specific determination of available species 
for commercial harvest. This information does not replace project-
specific NEPA analysis.

Monitoring/Administration

    As commercial special forest product resource harvest becomes 
established in the Alaska Region, it is necessary to monitor the 
ecological impacts of harvest methods and intensities permitted. 
Results from monitoring activities should be used to adjust special 
forest product resource harvest parameters. District managers may share 
monitoring efforts with their cooperative partners to encourage local 
investment in the program and benefits to the community. The 
appropriate level of monitoring is determined through NEPA analysis. 
Suggested monitoring activities include:
    (1) Allow yearly budget, inventories and permit demand to establish 
a special forest products program that ensures adequate monitoring 
controls while meeting public demand to the best extent possible.
    (2) Establish a monitoring program that involves at a minimum the 
establishment of pre-harvest baseline conditions and periodic visits 
after harvest to assess species response to harvest and the associated 
habitat for impacts.
    (3) Incorporate monitoring results into the permitting process 
(e.g. adjustment of harvest limits).
    (4) Incorporate monitoring activities into ongoing fieldwork (e.g. 
regeneration surveys, harvest evaluations, etc.) wherever possible.
    (5) Tie monitoring into the national corporate data base structure 
(TIM, FACS).
    (6) Track monitoring results in the appropriate NRIS database 
(TERRA, FSVEG).
    (7) Permittees shall report the total amount of each special forest 
product resource harvested from each location at the end of the 
permitted period.
    (8) The special forest products program should not exceed the 
ability of the Region to adequately monitor its effects. To do 
otherwise is to violate NEPA and Forest Service sustained yield 
requirements.
    (9) As the program grows, standard rates should be adjusted to 
reflect current market conditions as well as inventory, monitoring and 
administration costs. At that time protocol should be intensified to 
include permit-specific site visits, including permanent plots, on a 
scheduled basis.

Accountability

    It is imperative that accountability be built into the special 
forest products program or management will be impossible. In order to 
ensure that permit conditions are being met, the following steps shall 
be taken:
    (1) A written permit shall be issued to each commercial permittee, 
identifying at a minimum:
    (A) Designated harvest area
    (B) Termination date of the permit
    (C) Product(s) being harvested
    (D) Amount of product authorized for harvest (in standardized unit 
of measure)
    (E) Method by which permittee can track the volume harvested
    (F) Allowable damage to residual plants/product
    (G) Penalties for violation
    (2) Commercial harvest permits shall be carried on the permittee at 
all times while harvesting and transporting the product(s).
    (3) Permittee shall keep a running tally of the amount of each 
product harvested on the back of the permit.
    (4) Visit a monitored site once during harvest activity and once at 
closure to ensure compliance.
    (5) If monitoring/administration of the program identifies that 
unacceptable impacts are occurring, then such areas shall be closed to 
allow for the recovery of the products.

Violations

    Violators may be cited in accordance with the applicable Code of 
Federal Regulations (CFR), including:
    (1) 36 CFR 261.6(a) Cutting or otherwise damaging a forest product 
except as authorized by a permit or federal law.
    (2) 36 CFR 261.6(e) Loading, removing, or hauling a forest product 
acquired under any permit unless such product is identified as required 
in such permit.
    (3) 36 CFR 261.10(c) Selling or offering for sale any merchandise 
or conducting any kind of work activity or service unless authorized by 
a federal law, regulation, or permit.
    (4) 36 CFR 261.10(l) Violating any condition or term of a permit.

    Dated: February 29, 2000.
James A. Caplan,
Deputy Regional Forester, Natural Resources.
[FR Doc. 00-5581 Filed 3-9-00; 8:45 am]
BILLING CODE 3410-11-M