[Federal Register Volume 90, Number 71 (Tuesday, April 15, 2025)]
[Notices]
[Pages 15681-15683]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-06385]
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Notices
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains documents other than rules
or proposed rules that are applicable to the public. Notices of hearings
and investigations, committee meetings, agency decisions and rulings,
delegations of authority, filing of petitions and applications and agency
statements of organization and functions are examples of documents
appearing in this section.
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Federal Register / Vol. 90, No. 71 / Tuesday, April 15, 2025 /
Notices
[[Page 15681]]
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
[Docket No. APHIS-2025-0004]
Notice of Intent To Prepare an Environmental Impact Statement for
Grizzly Bear Damage Management in Montana
ACTION: Notice of intent to prepare an environmental impact statement,
request for comments.
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SUMMARY: We are advising the public of our intent to prepare an
environmental impact statement (EIS) evaluating the effects of managing
grizzly bear (Ursus arctos horribilis) damage in Montana. The unique
identification number for this project is EISX-005-32-24W-1738675512.
This notice proposes issues and alternatives for consideration in the
EIS and requests public comments to further delineate the scope of the
alternatives, environmental issues, and other issues of public concern
to be considered in the EIS. This notice also serves to inform the
public that the Department of the Interior's U.S. Fish and Wildlife
Service and Montana Fish, Wildlife, and Parks have joined as
cooperating agencies in the EIS process.
DATES: We will consider all comments that we receive on or before May
14, 2025.
ADDRESSES: You may submit comments by either of the following methods:
Federal eRulemaking Portal: Go to www.regulations.gov.
Enter APHIS-2025-0004 in the Search field. Select the Documents tab,
then select the Comment button in the list of documents.
U.S. mail: Public Comments Processing; Attn: Docket No.
APHIS-2025-0004; USDA, APHIS, Wildlife Services, P.O. Box 1938,
Billings, MT 59103. For additional information about submitting
comments, see Public Scoping Process under SUPPLEMENTARY INFORMATION.
For tracking purposes, the unique identification number for this
project is EISX-005-32-24W-1738675512.
FOR FURTHER INFORMATION CONTACT: Mr. Dalin Tidwell, WS-Montana State
Director: APHIS-WS-Montana, P.O. Box 1938, Billings, MT 59103; phone:
(406) 657-6464; email: [email protected]. Individuals in the
United States who are deaf, blind, hard of hearing, or have a speech
disability may dial 711 (TTY, TDD, or TeleBraille) to access
telecommunications relay services. Individuals outside the United
States should use the relay services offered within their country to
make international calls to the point-of contact in the United States.
SUPPLEMENTARY INFORMATION:
Background
In May 2021, the Animal and Plant Health Inspection Service's
(APHIS) Wildlife Services (WS) program issued a final environmental
assessment (EA) and finding of no significant impacts (FONSI) for
Predator Damage and Conflict Management in Montana.\1\ In 2023,
WildEarth Guardians, Western Watersheds Project, and Trap Free Montana
filed a lawsuit challenging that decision. On November 7, 2024, the
Court issued an order granting summary judgment to plaintiffs, finding
that an environmental impact statement (EIS) is required, remanding the
WS May 2021 decision, and directing WS to ``address the deficiencies
identified in this Order'' on remand.\2\ Consistent with the Court's
Order, WS will prepare an EIS to reevaluate the impacts of the May 2021
decision on grizzly bears.
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\1\ To view the draft and final EAs, FONSI, and the comments we
received, go to https://www.regulations.gov/docket/APHIS-2021-0002.
\2\ WildEarth Guardians et al., v. Bucknall et al., 9:23-cv-
00010 (D. Mont.).
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APHIS-WS provides Federal professional leadership and expertise in
resolving wildlife conflicts to help create a balance that allows
people and wildlife to coexist. When assistance is requested, APHIS-WS
recommends and/or implements wildlife damage management that
incorporates biological, economic, environmental, legal, and other
information into a wildlife damage management decision-making process,
and includes many methods for managing wildlife damage, including
nonlethal and lethal options.
APHIS-WS gives preference to practical and effective nonlethal
methods but, in some cases, concurrent use of nonlethal and lethal
methods or immediate use of lethal methods may be the most appropriate
solution (e.g., threats to human safety). APHIS-WS may use or recommend
the following methods to reduce damage: Changes to agricultural
practices, capture and relocation, livestock guarding animals, habitat
modification, exclusion, frightening devices, carcass disposal, human
behavior modification (e.g., trash management and not feeding
wildlife), shooting, snares, and traps.
Grizzly bears are primarily managed by the Department of the
Interior's U.S. Fish and Wildlife Service (USFWS) as a threatened
species under the Endangered Species Act (ESA). State law authorizes
Montana Fish, Wildlife, and Parks (MFWP) to manage wildlife species,
including grizzly bears. WS-Montana coordinates with MFWP, the USFWS,
the Bureau of Land Management (BLM), the U.S. Forest Service (USFS),
the Montana Department of Livestock (MDOL), the Montana Livestock Loss
Board (MLLB), the Confederated Salish and Kootenai Tribes, and the
Blackfeet Nation, as appropriate, for actions involving grizzly bear
damage management (GBDM).
WS-Montana conducts GBDM only where a property owner or manager,
including government, Tribal, commercial, organizational, or private
entity, has requested assistance and work initiation documents (WIDs),
memoranda of understanding (MOUs), interagency agreements, cooperative
service agreements, and/or work plans are in place to coordinate work.
APHIS-WS conducts its activities pursuant to the Acts of March 2, 1931
(7 U.S.C. 8351-8352), as amended, and December 22, 1987 (7 U.S.C.
8353). APHIS-WS also conducts its activities in accordance with
applicable Federal and State laws and regulations.
Purpose and Need for the Proposed Action
The purpose of WS-Montana's GBDM activities is to minimize or
reduce the impact of grizzly bear conflicts, including agricultural and
property damage, threats of damage, and risks to human and pet health
and safety, by
[[Page 15682]]
responding to all requests for assistance with human and grizzly bear
conflicts.
Grizzly bear related conflicts and damage in Montana are increasing
as both the human and grizzly bear populations increase. Grizzly bear
damage has contributed to livestock, agricultural resources/crops, and
property loss and human and pet health and safety events in Montana.
Land and resource entities and Federal, State, and local agencies and
Tribes are seeking assistance with resolving grizzly bear conflicts.
WS-Montana provides expertise resolving human wildlife conflicts.
Agency responsiveness to requests for assistance provides an overall
benefit to the wildlife species causing damage by alleviating public
frustration and building social tolerance in a landscape where
predators including grizzly bears were once persecuted.
Proposed Action and Alternatives
WS-Montana intends to prepare an environmental impact statement
(EIS) pursuant to the National Environmental Policy Act (NEPA; 42
U.S.C. 4321 et seq.) and the Department of Agriculture's NEPA
regulations (7 CFR 372.5) to evaluate effects of ongoing GBDM
activities and consider alternatives for GBDM. USFWS and MFWP are the
cooperating agencies on the EIS. MDOL, USFS, BLM, Sanders County, and
Mineral County have been invited to be participating agencies. WS-
Montana has also invited the federally recognized Tribes in the State
to participate in preparation of the EIS. We invite comments from the
public and local, State, Tribal, and Federal agencies on the scope of
the analysis, potential alternatives, and identification of relevant
information, studies, and analyses.
WS-Montana proposes to continue responding to requests for
assistance in protecting livestock, property, and human/pet health and
safety from managing damage by grizzly bears. WS-Montana has identified
five alternatives for potential consideration in the EIS, including
continuation of the current WS-Montana GBDM activities (the no-action
alternative/proposed action) and an alternative that discontinues all
WS-Montana involvement in GBDM. Other alternatives incorporate varying
combinations of WS-Montana involvement in grizzly damage management,
including variations of technical assistance (advice, information,
education, and/or demonstrations), operational field assistance (active
management of offending bears), and the type of lethal and nonlethal
methods available for use. The following alternatives are preliminary
and may be revised based on public input and internal considerations
during development of the draft EIS.
Alternative 1: Continuation of WS-Montana GBDM activities
using integrated wildlife damage management (IWDM) methods (No Action/
Proposed Action).
Alternative 2: WS-Montana Provides Lethal and Nonlethal
GBDM Technical Assistance and Only Nonlethal Operational Assistance.
Alternative 3: WS-Montana Provides Nonlethal GBDM
Assistance Before Applying Lethal Assistance.
Alternative 4: WS-Montana Provides only Nonlethal GBDM,
unless in protection of Human Health and Safety or Threatened and
Endangered Species Protection.
Alternative 5: No WS-Montana involvement in GDBM
activities.
Under all alternatives, WS-Montana actions would be conducted in
accordance with applicable Federal, State, Tribal, and local laws and
regulations, and in accordance with current MOUs and other agreements
between WS-Montana and Federal, State, and Tribal agencies.
Summary of Expected Effects
The EIS will identify and describe the reasonably foreseeable
direct, indirect and cumulative effects of alternatives for WS-Montana
involvement in GBDM. The scope of the analysis will include all land
classes where GBDM may occur including public and private lands in
rural, urban, and suburban areas by agreement as requested. The EIS
will include, if available, and analyze specific, updated, accurate,
and best available information about where, why, and how grizzly bears
are lethally removed, including the sex of the bear; how lethally
removing grizzly bears may adversely affect dispersal and connectivity
between recovery zones; and the cumulative effects of lethally removing
grizzly bears. Anticipated impacts may include, but are not limited to,
beneficial and adverse impacts to grizzly bears, other biological
resources, land use, recreation and visitor use, historical and
cultural resources, and socioeconomics. Beneficial impacts to resources
and localized adverse impacts to grizzlies are expected, as these are
the focus of the management strategy. Beneficial impacts to other
biological resources, specifically to species that are prey for, or
competitors with, grizzly bears may occur in localized areas where GBDM
occurs. Minimal localized, beneficial, and/or adverse impacts to
recreation and visitor use, and to historical and cultural resources,
may occur in areas where GBDM occurs. The analysis will also consider
the adequacy of each alternative to meet the purpose and need for
action.
Issues for Detailed Consideration in the Analysis
In considering reasonable alternatives, the EIS will analyze the
effects of GBDM activities on important environmental issues and other
issues of public concern. APHIS-WS and the cooperating agencies have
identified the following issues for consideration in the EIS:
Impacts on grizzly bear populations from intentional take;
Effects on nontarget animal populations, including species
federally listed under the ESA;
Impacts of the alternatives on predator-prey relationships
and ecosystem processes (e.g., trophic cascades);
Humaneness and ethical perspectives regarding actions
proposed in the alternatives;
Risks and benefits to human and pet safety from integrated
GBDM activities;
Impacts on Special Management Areas, including Wilderness
and Wilderness Study Areas; and
Sociocultural impacts, including impacts on Native
American cultural uses, values, hunting, non-consumptive uses,
aesthetic impacts, and economic effects.
We encourage the public to submit comments identifying additional
issues.
Permits and Other Authorizations
Anticipated permits, consultations, or other authorizations related
to implementation of the management strategy and issuance of ESA 4(d)
take authorization may include but are not limited to: ESA section 7
consultation; State Scientific Collector's permits; government-to-
government consultations with Tribes; and consultation regarding
effects of the action pursuant to the National Historic Preservation
Act.
Schedule for the Decision-Making Process
WS-Montana will review and consider comments received during
scoping and incorporate substantive comments while writing the draft
EIS. WS-Montana anticipates completion of the draft EIS in early 2026,
at which time we will publish a notice of availability requesting
public comments. After public review and comment, WS-Montana will
evaluate
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comments received and anticipates making the final EIS available to the
public in fall 2026. A record of decision shall not be made or issued
for a minimum of 30 days after the publication of the final EIS.
Public Comment Procedures
We request written comments on the proposed action, including
comments concerning the appropriate scope of the analysis and
identification of relevant information, studies, and analyses, from the
public; affected Federal, State, Tribal, and local governments,
agencies, and offices; the scientific community; industry; or any other
interested party. We will consider these comments in developing the
draft EIS. Specifically, we seek comments on:
Biological information, analysis and relevant data
concerning the Montana grizzly bear populations, connectivity, or
damage management;
Potential effects that the proposed action could have on
endangered or threatened species, and their associated ecological
communities or habitats;
Potential effects that the proposed action could have on
other species and their habitats;
Potential effects that the proposed action could have on
other aspects of the human environment including ecological, aesthetic,
historic, cultural, economic, social, or health effects;
The presence of historic and cultural properties--
including archaeological sites, buildings, and structures; historic
events; sacred and traditional areas; and other historic preservation
concerns in the proposed project area, which are required to be
considered in planning by the National Historic Preservation Act; and
Reasonable alternatives to meet the purpose and need that
WS-Montana should also consider.
Public Availability of Comments
You may submit your comments and materials by one of the methods
listed above in ADDRESSES. Comments received in response to this
solicitation will be part of the public record for this proposed
action. Before including your address, phone number, or other personal
identifying information in your comment, you should be aware that your
entire comment--including your personal identifying information--may be
made publicly available at any time. While you can ask us in your
comment to withhold your personal identifying information from public
review, we cannot guarantee that we will be able to do so. All
submissions from organizations or businesses, and from individuals
identifying themselves as representatives or officials of organizations
or businesses, will be made publicly available in their entirety.
Comments submitted anonymously will be accepted and considered.
How To Request Reasonable Accommodations
For assistance, please contact the point of contact in FOR FURTHER
INFORMATION CONTACT. Information regarding this project will be made
available in alternate formats upon request.
Literature Cited
USDA Wildlife Services. 2014. Wildlife Services Directive 2.201: WS
decision model. U.S. Department of Agriculture. Washington, DC, USA.
USDA Wildlife Services. 2018. Wildlife Services Program Directives.
January 23, 2020. https://www.aphis.usda.gov/aphis/ourfocus/wildlifedamage/sa_ws_program_directives. Accessed 1/23/2020.
Done in Washington, DC, this 4th day of April 2025.
Michael Watson,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2025-06385 Filed 4-14-25; 8:45 am]
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