2650 Page 1 of 8 FOREST SERVICE MANUAL WASHINGTON TITLE 2600 - WILDLIFE, FISH, AND SENSITIVE PLANT HABITAT MANAGEMENT Amendment No. 2600-95-5 Effective May 4, 1995 POSTING NOTICE. Amendments are numbered consecutively by title and calendar year. Post by document name. Remove entire document and replace with this amendment. Retain this transmittal as the first page of this document. The last amendment to this Title was Amendment 2600-95-4 to FSM 2650 Contents. This amendment supersedes Amendment 2600-91-2 to FSM 2650. Superseded New Document Name (Number of Pages) 2650 7 6 Digest: Notice of adoption of this amendment was published in the Federal Register on May 4, 1995, at 60 FR 22037. 2650 - Clarifies and establishes revised policy governing animal damage management. 2650.1 - Clarifies authorities governing animal damage management. 2650.3 - Revises policy statement on Forest Service and Animal and Plant Health Inspection Service-Animal Damage Control (APHIS- ADC) roles and responsibilities, clarifying APHIS-ADC and state authorities and legal mandates to conduct predator control activities on National Forest Service lands. Clarifies APHIS-ADC and state responsibility for removal of depredating animals. Digest--Continued: 2650.43 - Clarifies Forest Supervisors' roles to comply with environmental analysis requirements. 2651.5 - Provides guidance on controlling fish and aquatic animals. 2651.6 - Provides guidance on wildlife and fish damage management in wilderness areas. JACK WARD THOMAS Chief FSM 2600 - WILDLIFE, FISH, AND SENSITIVE PLANT HABITAT MANAGEMENT WO AMENDMENT 2600-95-5 EFFECTIVE 5/4/95 CHAPTER 2650 - ANIMAL DAMAGE MANAGEMENT The Forest Service and Animal and Plant Health Inspection Service (APHIS) - Animal Damage Control program along with the States, cooperate under the Animal Damage Control Act of 1931, as amended, to manage animal damage on National Forest System lands. These activities include actions to provide wildlife damage management through direct control, as well as technical assistance to achieve desired management objectives. APHIS carries out animal damage management activities on National Forest System lands mostly to minimize livestock losses from predation by coyotes, black bears, and other predators. The Forest Service conducts activities to control animal damage caused by small mammals and other animals to National Forest System resources, such as timber stands and roads. 2650.1 - Authority. In addition to the authorities listed in FSM 2601, the following authorities govern animal damage management activities on National Forest System lands: 1. The Animal Damage Control Act of March 2, 1931, as amended, (7 U.S.C. 426-426c) authorizes the Secretary of Agriculture to provide animal damage management services, to maintain technical expertise for evaluating and recommending animal damage management techniques, and to perform animal damage research. The Secretary has delegated this authority to the Animal and Plant Health Inspection Service (APHIS) and the Animal Damage Control program in APHIS is specifically responsible for ADM activities. 2. The Federal Insecticide, Fungicide, and Rodenticide Act limits the use of pesticides to those that are properly registered in accordance with federal and state requirements for animal damage management and that conform to policies on pesticide-use management and coordination (FSM 2150). (61 stat. 63, as amended; 7 U.S.C. 136 (note), 136, 136b, 136i-m, 136p) 3. Executive Order 12342, January 24, 1982, permits the use of chemical toxicants registered by the Environmental Protection Agency for predator damage control on federal lands. 4. Department of Agriculture Regulation (DR) 9500-4 (FSM 2601.2) requires Department of Agriculture programs to include measures to alleviate damage by plant and animal pests; develop new techniques and methodologies through management and research programs to limit damage to agriculture or forestry production; and apply integrated pest management practices, where feasible, in carrying out these responsibilities. 5. A Memorandum of Understanding (MOU) between APHIS and the Forest Service, June 18, 1993, outlines the cooperative approach to animal damage management on National Forest System lands (FSM 1543.14). Both agencies have a joint responsibility for limiting damage caused by wildlife. In this MOU, APHIS and state agencies are recognized as having the authority and expertise to conduct predator control on National Forest System lands, to determine livestock losses, and to determine methodology for animal damage management. Under the MOU, APHIS is named the lead agency in preparing environmental documentation for predator control and other animal damage management activities initiated by APHIS on National Forest System lands. Also, under the MOU, the Forest Service agrees to: a. Cooperate to ensure that the animal damage management plans developed by APHIS will provide for protection of National Forest System resources and; b. Cooperate with APHIS in the development of work plans to ensure consistency with forest land and resource management plans. See FSM 1543.14 for the full text of the MOU. 2650.2 - Objective. The objective of animal damage management activities is to protect National Forest System resources, to protect activities taking place on National Forest System lands, and to reduce threats to human health and safety. 2650.3 - Policy. National Forest System resources must be adequately protected during animal damage management activities authorized by the states and conducted by the states or Animal and Plant Health Inspection Service (APHIS) - Animal Damage Control program. This policy in no way defines or limits the authority of States to regulate the taking of predators according to State and other applicable Federal laws. When the Forest Service conducts animal damage management activities, such as controlling small mammal populations on plantations, the agency must comply fully with state and federal laws. In carrying out animal damage management activities, Forest Service employees shall -- 1. Rely upon APHIS or the state agencies to provide the expertise and conduct predator control on National Forest System lands, to determine livestock losses, and to determine methodology for animal damage management. 2. Conduct non-predator animal damage management, such as controlling small mammal populations on plantations, and necessary environmental analysis and disclosure on National Forest System lands consistent with forest plans. 3. Coordinate with the Bureau of Land Management (BLM) and other federal and state agencies to improve effectiveness of control program activities conducted on National Forest System and other public lands. 4. Use an integrated approach to the prevention of animal damage and management of animal damage control programs. Consider a full range of methods, including physical barriers, repellents, habitat manipulation, biological controls, silvicultural methods (for example, fertilizing to improve soil fertility), pesticides, and hunting and trapping. Use licensed hunting, fishing, and trapping as a control technique where practicable. 5. Follow direction in FSM 2670, Threatened, Endangered, and Sensitive Plants and Animals, to determine whether proposed control measures conducted by the Forest Service are likely to have an effect on federally proposed, threatened, endangered, or sensitive species. Additionally, the lead agency responsible for completing environmental documentation is also responsible for completion of all Endangered Species Act-mandated interagency consultations. However, the Forest Service will be a cooperating agency with APHIS during consultation under the Endangered Species Act where actions involve National Forest System resources or authorities. 2650.4 - Responsibility. 2650.41 - Deputy Chief for National Forest System. The Deputy Chief for the National Forest System is responsible for resolving any difficulties arising between Regions and the Animal and Plant Health Inspection Service (APHIS) - Animal Damage Control program that cannot be resolved by Regional Foresters under the Memorandum of Understanding (FSM 1543.14). 2650.42 - Regional Foresters. Regional Foresters are responsible for: 1. Reviewing and approving all proposed pesticide uses for animal damage management on National Forest System lands (FSM 2151). Regional Foresters may redelegate this authority to Forest Supervisors, except that only Regional Foresters may approve animal damage management in wilderness (FSM 2323). 2. Establishing or amending existing Memorandums of Understanding between the Region and appropriate State and other federal agencies regarding animal damage management. 3. Reviewing all proposed Forest Service animal damage management activities within areas occupied by and habitat of federally proposed or listed threatened or endangered species and Regional Forester approved sensitive species. Regional Foresters may redelegate this authority to Forest Supervisors. 4. Meeting with or designating a representative to meet with State or regional representatives, such as the APHIS Regional Director, as needed to coordinate animal damage management operations. 5. Resolving any difficulties arising among APHIS personnel and Forest Supervisors under the Memorandum of Understanding (FSM 1543.14), or referring unresolved issues to the Deputy Chief, National Forest System, for resolution. 2650.43 - Forest Supervisors. Forest Supervisors are responsible for: 1. Ensuring appropriate environmental analysis requirements are met for proposed non-predator control activities conducted by the Forest Service and ensuring consistency with forest plan direction. 2. Recommending changes in state hunting, fishing, or trapping regulations to accommodate animal damage management activities on National Forest System lands (FSM 2640). 3. Meeting with APHIS personnel and responsible state agencies to cooperate where proposed predator control is needed to ensure coordination of Forest Service resources or activities on National Forest System lands. 4. Cooperating with APHIS in preparation of environmental documentation for predator control or other animal damage management activities conducted by APHIS on National Forest System lands (40 CFR 1508.15). 5. As necessary, referring any difficulties arising from activities with APHIS under the Memorandum of Understanding (FSM 1543.14) for resolution by the Regional Forester. 6. When needed, requesting training from APHIS in animal damage management techniques. 7. Ensuring that licensing and certification of Forest Service personnel performing animal damage management activities comply with applicable federal and state regulations and that certified pesticide applicators use or supervise the use of restricted-use pesticides on National Forest System lands (FSM 2150). 2650.6 - Cooperation in Animal Damage Management Activities. Both the Forest Service and Animal and Plant Health Inspection Service (APHIS) - Animal Damage Control program have a responsibility for limiting damage caused by wildlife, consistent with other wildlife values and resource management objectives. APHIS responsibilities are generally directed toward the management and control of animals causing damage to livestock, agriculture, wildlife, and human health and safety. Trapping or shooting coyotes to prevent losses of sheep or cattle are examples of these activities. Forest Service animal damage management activities are related to the management of National Forest System resources. Examples of Forest Service initiated activities include, but are not limited to, removing beavers that are damaging roads, reducing bear damage to tree regeneration and controlling mice and pocket gophers to protect seedlings. Pursuant to the delegation of authority to APHIS at section 2.51 (a)(41) of Title 7 of the Code of Federal Regulations (7 CFR 2.51 (a)(41)), the 1993 Memorandum of Understanding between the Forest Service and APHIS for animal damage management activities (FSM 1543.14), the role of APHIS is as follows: 1. Evaluate animal damage management needs and conduct predator control in cooperation with the Forest Service, state agencies, and permittees. 2. Serve as lead agency for preparing environmental documentation on animal damage management activities initiated by APHIS on National Forest System lands. 3. Develop and update animal damage management work plans in cooperation with the Forest Service and appropriate state and federal agencies, and interested publics to ensure compliance with forest plans. 4. Inform the Forest Service about animal damage management requests, management activities, and results on a timely basis. 5. Provide the Forest Service with technical information on recommended animal damage management tools and techniques. 6. Conduct animal damage management training sessions for Forest Service personnel, when requested. 2651 - WILDLIFE AND FISH DAMAGE MANAGEMENT. 2651.1 - Threatened and Endangered Species. Follow specific species control plans for federally listed species (for example, grizzly bear and wolf) cleared through consultation with the Fish and Wildlife Service and National Marine Fisheries Service. 2651.2 - Game and Furbearers. Control damage caused by game animals and furbearers through hunting or trapping, where practicable, in cooperation and consultation with the State fish and wildlife agencies, and APHIS, where appropriate. 2651.3 - Nongame Species. Control damage caused by nongame species on National Forest System lands in close cooperation with the State fish and wildlife agencies, or other involved state or federal agencies. 2651.4 - Birds. Nonlethal repellents, frightening devices, pesticides, or physical barriers may be used to prevent or reduce resource damage or hazards, where birds damage reforestation or other resources, or where they create health hazards. Obtain permits from the Fish and Wildlife Service for any lethal control of species protected under the Migratory Bird Treaty Act. Consult the Fish and Wildlife Service for permit requirements and procedures. 2651.5 - Fish and Aquatic Animals. States or other responsible agencies have the authority to control undesirable fish and aquatic animals in National Forest System waters. The Forest Service is responsible for coordinating with the responsible agencies to develop a work plan to ensure control activities are consistent with direction provided in forest plans. Control activities conducted by the Forest Service must meet appropriate environmental analysis requirements and be consistent with forest plan direction. 2651.6 - Wildlife and Fish Damage Management in Wilderness Areas. Follow direction in FSM 2151, FSM 2323, and FSM 4063 for management of wildlife or fish damage in wilderness and Research Natural Areas. Animal damage management is permitted in wilderness only when it was used prior to wilderness designation; when it conforms with direction in FSM 2323.33 on resource management in wilderness; and when it is needed for the recovery of federally listed threatened or endangered species. 2652 - REPORTS. Report pesticide uses annually following direction in FSM 2158.