[Federal Register Volume 70, Number 119 (Wednesday, June 22, 2005)]
[Notices]
[Pages 36112-36114]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-12290]


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DEPARTMENT OF AGRICULTURE

Forest Service


Methow Valley Ranger District, Okanogan & Wenatchee National 
Forests, WA, Pack Stock Outfitter Guide Special Use Permits 
Environmental Impact Statement

AGENCY: Forest Service, USDA.

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

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SUMMARY: Notice is hereby given that the USDA, Forest Service will 
prepare an Environmental Impact Statement that will evaluate 
alternatives to provide pack stock outfitter and guide services on the 
Methow Valley, Chelan and Tonasket Ranger Districts of the Okanogan and 
Wenatchee National Forests. The proposed action is to issue ten-year, 
pack stock outfitter and guide special use permits to nine companies to 
operate on these three Districts. A maximum of 4,900 client days will 
be shared between these companies. Outfitting and guiding would take 
place both in the Lake Chelan-Sawtooth and Pasayten Wildernesses, and 
outside of wilderness.

DATES: Comments concerning the scope of the analysis must be received 
by July 15, 2005. The draft environmental impact statement is expected 
December 2005 and the final environmental impact statement is expected 
May 2006.

ADDRESSES: Send written comments to Jennifer Zbyszewski, Recreation & 
Wilderness Program Manager, Methow Valley Ranger District, 24 W. 
Chewuch Rd., Winthrop WA 98862, or by e-mail to [email protected].

FOR FURTHER INFORMATION CONTACT: Direct questions to Jennifer 
Zbyszewski, Recreation & Wilderness Program, Manager, Methow Valley 
Ranger District, 24 W. Chewuch Rd., Winthrop WA 98862, (509) 996-4021, 
or by e-mail to [email protected].

SUPPLEMENTARY INFORMATION: 

Purposed and Need for Action

    Nine companies have applied to the Forest Service for ten year 
permits to outfit and guide on the Methow Valley, Chelan and/or 
Tonasket Ranger District of the Okanogan and Wenatchee National 
Forests. North Cascade Safari, Cascade Wilderness Outfitters, North 
Cascade Outfitters, Rocking Horse Ranch, and Backcountry Burros have 
operated under five-year term special use permits in the past, but 
these permits expired in 2000. The companies have been operating under 
short-term permits since then. Each of these companies have operated 
for at least 20 years on the Okanogan and Wenatchee National Forests. 
Deli-Llamas and Pasayten Llamas have operated under short-term permits 
since 1993. Sawtooth Outfitters has operated under short-term permits 
since 1993. Early Winters Outfitting's term permit expired in 2004.
    In order for an outfitter-guide business to be successful, and 
justify financial commitments, such as purchasing and caring for stock 
animals, and hiring experienced guides, these businesses need multi-
year permits. Multi-year permits are needed to respond to the 
applications, and continue the professional relationship that has been 
established with these companies to provide service to the public.
    The Forest Service has identified a need for outfitting and guiding 
services on these Districts to access to the Wilderness and 
backcountry. The ``Assessment for Need For Outfitting/Guiding 
Assistance, Okanogan National Forest, Chelan Ranger District Portion of 
Wenatchee National Forest North of Lake Chelan'' (the Needs Assessment) 
was completed by the Okanogan and Wenatchee National Forests in 1996. 
That document provides overall guidance relating to issuing permits.

[[Page 36113]]

    The Needs Assessment states that the relative public need for 
outfitting/guiding assistance ranges from high to low based on the type 
of activity. The justification for authorizing outfitting and guiding 
operations is proportional to the public's need for outfitting-guiding 
assistance. Appendix H in the assessment (page H-1) shows that pack 
animal trips and drop camps carry a high rating for skills and 
equipment, knowledge, safety risk, unique services provided, and 
wilderness dependency.
    In addition Okanogan National Forest Land and Resource Management 
Plan, 1989, standard and guideline MA 15B-21Q, requires retention of 
the current number and type of outfitter guide authorizations and the 
current amount of priority use allocated to outfitter guides. The 
Wenatchee National Forest Land and Resource Management Plan, 1990, as 
amended (which covers the portion of the permit areas on the Chelan 
Ranger District) states that outfitter guide permits will be issued 
when appropriate to the goals of wilderness management and where 
compatible with Wilderness management objectives, and existing visitor 
use.

Proposed Action

    The Forest Supervisor for the Okanogan and Wenatchee National 
Forests proposes to issue ten-year, special use permits to each of the 
following companies: North Cascade Safari, Cascade Wilderness 
Outfitters, North Cascade Outfitters, Early Winters Outfitting, Rocking 
Horse Ranch, Sawtooth Outfitters, Backcountry Burros, Deli-Llamas, and 
Pasayten Llamas in 2006. These outfitters take people into the 
Wilderness and other remote areas using pack and riding animals 
(horses, mules, llamas, and burros). Most of the trips are several-
night camping expeditions, although some of the use involves day-rides. 
The outfitters offer client a variety of trip-types to meet needs, 
expectations, and budgets. Trips range from guided horseback riding 
trips with meals, cook, and most or all camping gear provided to day 
trips, and also include simply dropping gear off for hikers.
    The maximum number of client days that would be divided between 
these outfitters, or replacements for these outfitters who have met the 
requirements for term permits, would be 4,900, which is the total of 
the highest annual number of client days each has used over the past 
ten years.
    The analysis area (which includes all the permit areas) is located 
on the Okanogan and Wentachee National Forests. Most of it is on the 
Methow Valley Ranger District, with some continuing onto the Tonasket 
and Chelan Districts. It includes all of the Pasayten and Lake Chelan/
Sawthooth Wildernesses, the North Cascades Highway Corridor, the 
Sawtooth Backcountry, the North Summit, and some National Forest System 
land adjacent to these areas. There would be no changes in permit areas 
from the areas recently permitted in the past.
    Reserved camps would be assigned to the horse and mule packers to 
allow closer monitoring and modification. Proposed camp locations would 
include Bald Mountain, Sheep Mountain, Beaver Creek, Crow Lake, and 
Whistler. The reserved camps would be primarily used for guided 
horseback riding trips with meals, cook, and most or all camping gear 
provided. Camp locations for all other trips would not be assigned.

Responsible Official

    The Responsible Official is James L. Boynton, Forest Supervisor, 
Okanogan and Wenatchee National Forests, 215 Melody Lane, Wenatchee, WA 
98801.

Nature of Decision To Be Made

    The Responsible Official will decide whether or not to issue term 
permits to the outfitters described in the proposed action. He will 
also decide what, if any, mitigation measures and monitoring are 
needed. The criteria that will be used to select between the 
alternatives are: (1) To what extent the alternative is consistent with 
Okanogan Forest Plan standard and guideline 15B 21-Q, and the standard 
and guideline from the Wenatchee Forest Plan, (2) to what extent the 
alternative provides enough stability to the businesses to allow them 
to make the financial commitments necessary to continue to provide 
service to the public, (3) to what extent the action meets the needs 
identified in the 1996 Outfitter Guide Needs Assessment, and (4) the 
effects of the alternative on the environment.

Scoping Process

    In November 2000, as scoping letter was sent to people and 
organizations that had expressed interest, in addition to those of the 
Methow Valley Ranger District mailing list. An updated letter is being 
sent concurrently with this notice of intent to everyone who received 
the first letter, in addition to everyone on the Tonasket, Methow 
Valley, and Chelan Ranger Districts mailing lists. All comments 
received will be used to identify issues, and develop alternatives.

Comment Requested

    This notice of intent initiates the scoping process which guides 
the development of the environmental impact statement. The Forest 
Service is seeking public and agency comment on the proposed action to 
identify major issues to be analyzed in depth and assistance in 
identifying possible alternatives to be evaluated. Comments received to 
this notice, including the 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, whoever those commenters 
will not have standing for appeal under 36 CFR 215.
    Early Notice of Importance of Public Participation in Subsequent 
Environmental Review: A draft environmental impact statement will be 
prepared for comment. The comment period on the draft environmental 
impact statement will be 45 days from the date the Environmental 
Protection Agency publishes the notice of availability in the Federal 
Register.
    The Forest Service believes, at this early stage, 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 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.
    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

[[Page 36114]]

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.
    In the final EIS, the Forest Service is required to respond to 
comments and responses received during the comment period that pertain 
to the environmental consequences discussed in the draft EIS and 
applicable laws, regulations, and policies considered in making a 
decision regarding the proposal. The Forest Supervisor for the Okanogan 
and Wenatchee National Forests will be the Federal responsible official 
for this EIS and its Record of Decision, and his decision will be 
subject to appeal pursuant to 36 CFR 215.

(Authority: 40 CFR 1501.7 and 1508.22; Forest Service Handbook 
1909.15, Section 21).
G. Elton Thomas,
Deputy forest Supervisor, Okanogan-Wenatchee National Forest.
[FR Doc. 05-12290 Filed 6-21-05; 8:45 am]
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