Fish and Wildlife Management in Wilderness: Policies and Guidelines

1. This file is part of the FS Resources section at: http://www.wilderness.net/fs/

2. Fish and Wildlife Management in WildernessAFWA Policies and GuidelinesLONG version The materials in this presentation are derived from the Wilderness Act, Forest Service Policy, and the AFWA Policies and Guidelines. This presentation contains readily available information only and it is not offered as official FS or AFWA training A SHORT version of this presentation without the information on specific types of projects from the AFWA P and Gs is also available. The AFWA P and Gs and additional information is found in the Fish and Wildlife Management Toolbox found at: www.wilderness.net/toolboxes/

3. Management of Fish and Wildlife in National Forest Wilderness Areas

4. Questions Fish and Wildlife Management in Wilderness Who has authority over management of fish and wildlife wilderness? a. habitat? b. populations? In addition to direction from law and FS policy what guidelines are used to manage fish and wildlife in wilderness?

5. The Wilderness Act Section 4 (d) (8): Nothing in this Act shall be construed as affecting the jurisdiction or responsibilities of the several States with respect to wildlife and fish in the national forests. The Wilderness Act did not change any authorities previously granted to the states or reserved to the federal government.

6. The Wilderness Act Section 4 (b): Except as otherwise provided in this Act, each agency administering any area designated as wildernessshall be responsible for preserving the wilderness character of the areaand shall so administer such area for such other purposes for which it may have been established as also topreserve its wilderness character. The Wilderness Act did prescribe that the federal agencies are responsible for preserving wilderness character.

7. Forest Service Wilderness Management Policy 2323.32 - Management of Wildlife and Fish 1. Recognize that States have jurisdiction and responsibilities for the protection and management of wildlife and fish populations in wilderness. Cooperate and work closely with State wildlife and fish authorities in all aspects of wildlife and fish management. 2. Wildlife and fish management programs shall be consistent with wilderness values.

8. Forest Service Wilderness Management Policy 2323.32 (5) - Management of Wildlife and Fish Apply the "Policies and Guidelines for Fish and Wildlife Management in Wilderness and Primitive Areas," developed jointly by the Forest Service, Bureau of Land Management, and the Association of Fish and Wildlife Agencies [AFWA] Note – AFWA Policies and Guidelines Revised - June, 2006

9. Policies and Guidelines for Management of Fish and Wildlife in Wilderness, AFWA 2006 POLICIES AND GUIDELINES FOR FISH AND WILDLIFE MANAGEMENT IN NATIONAL FOREST AND BUREAU OF LAND MANAGEMENT WILDERNESS (as amended June, 2006) Fish and Wildlife Management Toolbox: http://www.wilderness.net/toolboxes/

10. Management of Fish and Wildlife in Wilderness What is the purpose of the AFWA Policies and Guidelines ? “The purpose of these guidelines is to develop and expand a framework of cooperation upon which projects and activities may be planned and accomplished while working cooperatively at the national, regional, and local levels.” AFWA A. page 3

11. Management of Fish and Wildlife in Wilderness Who manages fish and wildlife populations and who manages habitat? “ This statement of policy and the following are guidelines are intended to provide guidance to State fish and wildlife agencies, Forest Service (FS) and Bureau of Land Management (BLM) personnel for the management of fish and wildlife populationsin wilderness in accordance with the Wilderness Act of 1964 (16 USC 1131-1136).” AFWA A. and B. page 3

12. Management of Fish and Wildlife in Wilderness Who manages fish and wildlife populations and who manages habitat? ”…consistent with applicable Federal and State laws, the States and the Federal government each have management responsibilities affecting fish and wildlife, and will endeavor to work cooperatively in the fulfillment of these responsibilities.” AFWA A. and B. page 3

13. Management of Fish and Wildlife in Wilderness What do the AFWA Policies and Guidelines say about the responsibility to preserve wilderness character? “The FS and BLM are required to preserve wilderness character as directed by the Wilderness Act, while supporting the States’ fish and wildlife objectives, to the extent such objectives are consistent with the Act.” AFWA B. page 3

14. Management of Fish and Wildlife in Wilderness What do the FS and the states need to do to implement the AFWA Policies and Guidelines ? “Participate with the States in annual coordination meetings and encourage communication, coordination and identification of State-originated fish and wildlife projects satisfying mutually beneficial objectives.” AFWA B. page 3-4

15. Management of Fish and Wildlife in Wilderness What do the FS and the states need to do to implement the AFWA Policies and Guidelines ? “Enter into individual agreements … in order to make these guidelines as relevant to individual States as they are to the FS and BLM. The FS and BLM will jointly encourage individual States to incorporate these guidelines into statewide agreements or encourage states to adopt a resolution endorsing these guidelines. Work with AFWA and States to identify opportunities and jointly pursue projects that meet fish and wildlife objectives for wilderness subject to compliance with applicable Federal law. “ AFWA B. page 3-4

16. Management of Fish and Wildlife in Wilderness Who approves the use of motorized equipment, landing of aircraft, and structures for fish and wildlife management in wilderness? “Proposed State fish and wildlife management activities that would involve uses generally prohibited under Section 4(c) of the Wilderness Act will be considered and may be authorized by the Federal administering agency.” AFWA E. page 5

17. Management of Fish and Wildlife in Wilderness What process is used to assess the need for and approve any of the ‘prohibited uses’ ? “Any such use should be rare and temporary; no roads can be built; and proposals for use of motorized equipment will be considered and may be authorized by the Federal land management agency, in cooperation with the State,through application of the Minimum Requirement Decision Process (MRDP) as outlined in Section E., General Policy.” AFWA F. 1. page 6

18. Management of Fish and Wildlife in Wilderness How is management of threatened and endangered species to be conducted? “For purposes of this document, threatened and endangered species means Federally listed species applicable to the geographic area. Actions necessary to conserveor recover threatened or endangered species, including habitat manipulation and special conservationmeasures,that involve uses generally prohibited under Section 4 (c) of the Wilderness Act, will be considered and may be authorized by the Federal administering agency” AFWA F. 5. page 8

19. Management of Fish and Wildlife in Wilderness How is management of threatened and endangered species to be conducted? “Guidelinesfor Threatened and Endangered Species a. When alternative areas outside of wilderness offer equal or better opportunities for habitat improvement or species conservation, actions to recover threatened or endangered species outside of wilderness should be considered first, but this does not preclude analyzing or implementing projects in wilderness. b. Threatened and endangered species may be transplanted into previously occupied habitat within wilderness. Proposals that would involve uses generally prohibited under Section 4 (c) of the Wilderness Act will be considered and may be authorized by the Federal administering agency….” AFWA F. 5. page 8 -9

20. Management of Fish and Wildlife in Wilderness How is management of threatened and endangered species to be conducted? “Guidelinesfor Threatened and Endangered Species c. Proposals for transplants of indigenous species and proposals for habitat improvement projects require close coordination and cooperation between the State and Federal administering agencies. To prevent Federal listing,manage and conserve indigenous species that could become threatened or endangered.“ AFWA F. 5. page 8

21. Management of Fish and Wildlife in Wilderness Can fish and wildlife research and management surveys be conducted in wilderness ? “Provide opportunities for studies that are dependent on a wilderness environment.” FSM 2324.41 page 20 of 24 “Research and evaluation related tofish and wildlife, their habitats and the recreational users of these resourcesarelegitimate activities in wilderness when conducted in a manner compatible with the area as wilderness.“ “Coordination of all research and survey activities is essential between State and Federal agencies. “ AFWA F. 3. page 6

22. Management of Fish and Wildlife in Wilderness Can fish and wildlife research and management surveys be conducted in wilderness ? “Methods that temporarily infringe on the wilderness environment may be authorized by the Federal administering agency if alternative methods or other locations are not reasonably available. Research or management survey activities that would involve uses generallyprohibited under Section 4 (c) of the Wilderness Act will be considered and may be authorized by the Federal administering agency through application of the MRDP as outlined in Section E., General Policy.” AFWA F. 3. page 6

23. Management of Fish and Wildlife in Wilderness Can fish and wildlife research and management surveys be conducted in wilderness ? “Helicopters and fixed-wing aircraft over flights may be used to conduct fish and wildlife research and management activities. Use of aircraft for these activities will be coordinated among the State and Federal agencies to minimize conflicts with other wilderness uses. To the greatest extent possible, aircraft must be used in a manner that minimizes disturbance to wilderness character and to human and wildlife use of the wilderness.” AFWA F. 3. page 6-7

24. Management of Fish and Wildlife in Wilderness Can fish and wildlife research and management surveys be conducted in wilderness ? “Aerial counts and observations (i.e. surveys)of wildlife are allowed in the management of fish and wildlife resources in wilderness. Capturing and marking of animals, radio telemetry, and occasional installations (such as shelters for cameras and scientific apparatus and enclosures essential for wildlife research or management surveys) that would involve uses generally prohibited under Section 4 (c) of the Wilderness Act will be considered and may be authorized by the Federal administering agency… “ AFWA F. 3. page 7

25. Management of Fish and Wildlife in Wilderness Can fish and wildlife research and management surveys be conducted in wilderness ? • A. Obtain specific written approval or permits from the Federal administering agency before erecting any structure, enclosure, or exclosure.” • AFWA F. 3. page 6-7

26. Management of Fish and Wildlife in Wilderness Who approves the application of pesticides and/or chemical treatment in wilderness? “The use of pesticides may be necessary in management of fish and wildlife resources, and their use must be approved by the Federal administering agency.” AFWA F. 2. page 6 Note: The Regional Forester must approve any pesticide use in wilderness. FSM 2323.4c

27. Management of Fish and Wildlife in Wilderness Who approves population sampling projects? “Methods that temporarily infringe on the wilderness environment may be authorized by the Federal administering agency if alternative methods or other locations are not reasonably available. AFWA F. 3. page 6-7 and F. 7. page 9

28. Management of Fish and Wildlife in Wilderness Who approves population sampling projects? “Gill netting, battery-operated electrofishing, and other standard techniques of population sampling that would involve uses generallyprohibited under Section 4 (c) of the Wilderness Act will be considered and may be authorized by the Federal administering agency through application of the MRDP…” AFWA F. 3. page 6-7 and F. 7. page 9

29. Management of Fish and Wildlife in Wilderness Can fish-less lakes be stocked? “It is generally undesirable to stock previously unstocked waters. Because these areas generally reflect natural ecosystem processes, they may possess high scientific values.” AFWA F. 10. page 10-11 Who has to agree to this activity? “Lakes and streams currently without fishmay be considered for stocking, if there is mutual agreement that no appreciable loss of scientific values or adverse effects on wilderness resources will occur. “ AFWA F. 10. page 10-11

30. Management of Fish and Wildlife in Wilderness What is the criteria for approving aerial fish stocking? “Aerial stocking of fish shall be permitted for those waters in wilderness where this was an established practice before wilderness designation or where other practical means are not available.” AFWA F. 11. page 11 Note – FS Policy at FSM 2323.34b States: “Regional Foresters may permit dropping of fish from aircraft…”

31. Management of Fish and Wildlife in Wilderness What is the criteria for approving aerial fish stocking? “To stock waters that had not been aerially stocked before wilderness designation, the State agency will demonstrate to the Federal administering agency the need for using aircraft.” AFWA F. 11. page 11

32. Management of Fish and Wildlife in Wilderness Who approves wildlife transplant projects? Transplants shall be made in a manner compatible with the wilderness character of the area. Transplant projects require advance written approval by the Federal administering agency. AFWA F. 12. page 11

33. Management of Fish and Wildlife in WildernessCannon-native or non-indigenous wildlife species be introduced in wilderness? “…indigenous wildlife and fish species are those that naturally occur within a wilderness area and that were not introduced by humans.” “Additionally, fish species introduced for management purposes prior to wilderness designation may be managed as indigenous fish species if the species is likely to survive.” AFWA E. page 5

34. Management of Fish and Wildlife in WildernessCannon-native or non-indigenous wildlife species be introduced in wilderness? “The State has the responsibility to make the determination as to which wildlife and fish species are indigenous.” AFWA E. page 5 “Transplants shall be made in a manner compatible with the wilderness character of the area.” AFWA F. 12. page 11

35. Management of Fish and Wildlife in Wilderness Federal agency approval is needed for projects, regardless of method or equipment used,such as: Application of pesticides (herbicides and piscicides included) Research and surveys – “methods that infringe on the wilderness environment” Habitat alteration Wildlife transplants Wildlife (predator) damage control Visitor use management Fire Management AFWA F. pages 5-15

36. Management of Fish and Wildlife in Wilderness Federal agency approval is needed for projects if they require: Use of motorized equipment, mechanical transport, landing of aircraft, motor boats, motor vehicles, structures, installations, temporary roads for any activity including: Research and surveys Facility development (i.e. water and fish developments and maintenance of existing) Threatened and Endangered species Population sampling Spawn taking Fish stocking AFWA F. pages 5-15

37. Management of Fish and Wildlife in Wilderness Use of the Minimum Requirements Decision Process (MRDP) Outline (Attachment A) to determine the Minimum Requirements “…the State agency will conduct the Minimum Requirements Decisions Process, in close coordination and cooperation with theFederal administeringagency,…” “The Federal administering agency will make the final determination of the minimum requirements.” AFWA Attachment A pages 14-17

38. Management of Fish and Wildlife in Wilderness Use of the Minimum Requirements Decision Process (MRDP) Outline (Attachment A) to determine the Minimum Requirements “For project proposals where a National Environmental Policy Act (NEPA) analysis is required, the MRDP prepared by the State agency will be included in the NEPA process. ” AFWA Attachment A pages 14-17

39. Management of Fish and Wildlife in Wilderness The Minimum Requirements Decision Process (MRDP) Outline The MRDP Outline is similar to the Minimum Requirements Decision Guide (MRDG) process recommended by the FS Chief for determining the minimum requirements. Both the MRDP and the MRDG use a two-step process to first determine if an action is necessary and then determine the minimum tool. AFWA Attachment A pages 14-17

40. MRDP Step 1, #4: Requires consideration of other state guidance MRDG Step 1, D: Requires consideration of federal, state. tribal, and other guidance Management of Fish and Wildlife in WildernessMRDP Outline vs. MRDG Comparison Analysis: Limiting consideration to only state guidance could inadvertently ignore other requirements such as a federal species conservation plan or tribal management agreement. AFWA Attachment A pages 14-17

41. MRDP Step 2a, 2: Analysis of effects to wilderness characteristics and 2 qualities of wilderness character naturalness opportunities for solitude or primitive and unconfined recreation MRDG Step 2, B: Comparison of effects to wilderness character and all 4 qualities naturalness opportunities for solitude or primitive and unconfined recreation undeveloped untrammeled Management of Fish and Wildlife in WildernessMRDP Outline vs. MRDG Comparison AFWA Attachment A pages 14-17

42. MRDP Wilderness characteristics and 2 qualities of wilderness character naturalness opportunities for solitude or primitive and unconfined recreation MRDG Wilderness character and all 4 qualities naturalness opportunities for solitude or primitive and unconfined recreation undeveloped untrammeled Management of Fish and Wildlife in WildernessMRDP Outline vs. MRDG Comparison Analysis: Wilderness character is the term used in the Wilderness Act Wilderness characteristics is a specific term used by the FS to determine if lands should be evaluated and proposed for designation as wilderness.

43. MRDP Wilderness characteristics and 2 qualities of wilderness character naturalness opportunities for solitude or primitive and unconfined recreation MRDG Wilderness character and all 4 qualities naturalness opportunities for solitude or primitive and unconfined recreation undeveloped untrammeled Management of Fish and Wildlife in WildernessMRDP Outline vs. MRDG Comparison Analysis: The FS has defined wilderness character to include 4 qualities (Monitoring Selected Conditions Related to Wilderness Character: A National Framework, 4/05) Both the ‘undeveloped’ and ‘untrammeled’ qualities are often relevant to analysis of fish and wildlife management projects.

44. Management of Fish and Wildlife in Wilderness The objective is to cooperate and coordinate and implement necessary projects that meet both wilderness and fish and wildlife management objectives. For more information visit the Fish and Wildlife Management Toolbox at: http://www.wilderness.net/toolboxes/