The Wyoming Wildlife Advocates also value the Caribou-Targhee National

Transcription

1 May 20, 2016 Jay Pence District Ranger USDA Forest Service Caribou-Targhee National Forest P.O. Box 777 Driggs, ID Re: Comments on the proposed Southern Valley Recreation Project, submitted to the Teton Basin Ranger District of the Caribou-Targhee National Forest, Idaho. District Ranger Pence: Please accept these comments on the proposed Southern Valley Recreation Project from the Sierra Club Wyoming Chapter and the Wyoming Wildlife Advocates. 1. Introduction The Sierra Club is a conservation organization representing approximately 2.4 million members and supporters nationwide who value the Caribou-Targhee National Forest and nearby public lands, including the public lands within and surrounding the proposed project area. The mission of Sierra Club is to explore, enjoy and protect the planet. The Wyoming Wildlife Advocates also value the Caribou-Targhee National Forest and nearby public lands, including the public lands within and surrounding the proposed project area and the wildlife therein. The mission of the Wyoming Wildlife Advocates is, Promoting rational science-based wildlife management that maintains a sustainable balance between species. The use of the project area and surrounding public and other lands by many wildlife species including rare species protected by the federal Endangered Species Act is 1

2 evidence that the Caribou-Targhee National Forest is an ecologically important part of the Greater Yellowstone Ecosystem. The Forest Service must consider a reasonable range of alternatives for this proposal and complete a thorough analysis of the impacts of the alternatives and describe mitigations for impacts; the Forest Service must consider cumulative effects to natural resources and consider connected actions in this analysis. We have several concerns about the proposed project to build motorized and non-motorized trails on the Caribou-Targhee National Forest in important wildlife habitat and protected landscapes. 2. Palisades Wilderness Study Area According to the April 12, 2016 notice from the CTNF, one of the proposed new mountain bike trails will enter the Palisades Wilderness Study Area. The notice also describes a proposed bridge to span Trail Creek; the notice states that the boundary of the WSA is Trail Creek. (Locations are shown on the map of Proposed New Trails, January 2016.) We point out that if the bridge spans the creek, then at least part of the bridge would be in the WSA as well. The 134,500 acre Palisades Wilderness Study Area (WSA) on both the Bridger-Teton and Targhee National Forests located south of Hwy 22, west of the Snake River, and east of the Idaho-Wyoming border, was protected under the 1984 Wyoming Wilderness Act. In the Wyoming Wilderness Act (WWA), Congress declared that WSAs contain significant wilderness characteristics that warrant protection. WWA, Pub. Law , 98 Stat. 2807, 102(a); see also Greater Yellowstone Coalition v. Timchak, 2006 WL (D. Idaho 2006), at *6 & *8 ( The Palisades WSA has been carved out by Congress for special protection. ). The Forest Service s duties under section 301(b) of the Wyoming Wilderness Act are to maintain [the WSA s] presently existing wilderness character as of Oct. 30, 1984, and to maintain the area s potential for inclusion in the National Wilderness Preservation System. Regarding the first of these duties, the Forest Service s obligation is to not authorize any use that would diminish the wilderness character of the Palisades WSA as it existed in Greater Yellowstone Coalition v. Timchak, No. CV E-BLW, 2006 WL , at *2 (D. Idaho Nov. 21, 2006). With respect to the WSA s wilderness character as of 1984, the Act abides no diminishment, however much is left. Greater Yellowstone Coalition, 2006 WL , at *6. Thus, diminishing the WSA s wilderness character at any location with a new mechanized trail and bridge does not comply with the Act. 3. Recommended wilderness in the CTNF Forest Plan and Inventoried Roadless Areas The Forest Service must consider the impacts of expanding recreational trails, both motorized and mechanized, and other infrastructure on areas recommended for wilderness in the Forest Plan, and on Inventoried Roadless Areas. 2

3 4. Habitat fragmentation There have been several recreation trails, parking areas, winter use, highway reconstruction (further fragmenting habitat and increasing roadkill), powerline, livestock grazing, and forest treatment projects in this area which can harm wildlife habitat and the ability of wildlife to thrive on these public lands. The Caribou- Targhee National Forest must consider the impact of this proposed trails project, and all other projects (past, current, and future) in the greater Teton Pass-Victor, Snake River Range and Teton Range area, on fragmentation of important habitat for all wildlife in the area. 5. Grizzly bears Grizzlies are currently listed as Threatened under the federal Endangered Species Act and the Forest Service must fully protect grizzlies and their habitats. The area of the Caribou-Targhee National Forest surrounding and including Teton Pass (including the project area) is within the 2014 Grizzly Bear Distribution area and within or adjacent to the Demographic Monitoring Area designated by the US Fish and Wildlife Service (WGFD 2016). This area is suitable habitat for grizzlies, which have been documented in this area. The grizzly bear is an iconic species that is important for the tourism-based economy of the Greater Yellowstone Ecosystem. The American public has for decades advocated for the protection of grizzly bears and their habitat. The Forest Service must disclose impacts to grizzly bears and their habitat from this proposed project and connected actions. Measures to protect both grizzlies and people must be considered. The Forest Service must consult with the U.S. Fish and Wildlife Service prior to authorizing any proposed project within grizzly habitat and should include that consultation in this environmental analysis for the public s review and comment. The Forest Service and US Fish and Wildlife Service must consider the cumulative effects to grizzlies of all projects within the Greater Yellowstone Ecosystem that may harm grizzly bears and their habitat. 6. Canada lynx Lynx are currently listed as Threatened under the federal Endangered Species Act and the Forest Service must fully protect lynx, their prey, and their habitats wherever they occur in the contiguous United States (USFWS 2014). This proposal is located in habitat where lynx have been documented (BTNF 2016b). The Forest Service must disclose potential impacts from the proposed action and connected actions to lynx, their prey, and their habitats in all seasons, including proposed packed/groomed winter routes. The Forest Service must consult with the U.S. Fish and Wildlife Service prior to authorizing this proposal and should include that consultation in the environmental analysis for the public s review and comment. 3

4 7. Wolverines Wolverines are candidate species for protection under the federal Endangered Species Act. It is known that wolverines use the project area and surrounding areas. (BTNF 2016a) The CTNF must consider impacts to wolverines in all seasons from existing and expanded motorized and nonmotorized recreational trail use in and around the project area including proposed packed/groomed winter routes. The Forest Service must consult with the U.S. Fish and Wildlife Service prior to authorizing this proposal and should include that consultation in the environmental analysis for the public s review and comment. 8. Songbirds and Raptors The Forest Service must conduct up to date surveys for songbirds and raptors throughout the proposed project impact area and analyze the direct and indirect impacts from the proposal and from connected and cumulative actions to songbirds and raptors including, but not limited to, Northern Goshawks, eagles, and owls. 9. USFS sensitive wildlife and plant species and CTNF Management Indicator Species The analysis must consider impacts to the USFS Sensitive Species, both animals and plants, and impacts to CTNF Management Indicator Species, both animals and plants. 10. Big game The Caribou-Targhee National Forest, including the area at issue and surrounding public lands, is characterized by free-ranging populations of mule deer, white-tailed deer, moose, elk, mountain goats, bighorn sheep, mountain lions, wolves, and black and grizzly bears. The Forest Service must consider all the direct and indirect impacts from the proposal and connected actions to these wildlife species and populations, their life cycles and habitats. 11. Weeds and invasive species Noxious weeds and other invasive non-native species, whether plant or animal, are threats to conserving and restoring native biodiversity. The Forest Service must assess the current terrestrial plant communities and aquatic biota to determine if weeds and invasives are present, and must describe any necessary remedial actions to remove invasives and eliminate the threats. The Forest Service must ensure that any component of the proposed action and connected and cumulative actions do not allow weeds and invasive organisms to come in to the project area or surrounding areas. 4

5 12. Water quality, quantity and aquatic biota The Forest Service must assess existing conditions and disclose, analyze and mitigate impacts from the proposal and connected actions to the quality and quantity of water in the creeks, wetlands, springs, and ponds in and around the project area. The Forest Service must also assess existing conditions and analyze impacts from the proposed project to amphibian vertebrates and aquatic invertebrates, and impacts to aquatic, wetland, and riparian plant communities. The impacts of this project and other projects on beavers must be analyzed and mitigated. The existence or potential existence of native cutthroat trout must be disclosed, as well as the existence or potential existence of other amphibians and potential impacts and mitigation strategies. Conservation measures for native trout and native amphibians in these watersheds must be included in the analysis. 13. Scenic values The project area and surrounding public lands contain high scenic values that attract visitors year round and help sustain the region s economy. The CTNF must consider the impacts from this project and all other projects in this area, past, present and future, on the scenic values of this area. 14. The National Environmental Policy Act The Forest Service must comply with all elements of the National Environmental Policy Act (NEPA) during this environmental analysis. The analysis must include a reasonable range of alternatives, should not narrowly constrict the Purpose and Need statement, and must conduct the hard look at, the full disclosure of, and mitigations to impacts to the environment that NEPA requires. 15. Conclusion Finally, the Forest Service must not be unduly influenced by or yield to recreational user demands as indicated in the notice (emphasis added). While recreational uses are indeed some of the multiple uses on USFS lands, impacts from such demands and uses must be carefully considered by the Forest Service for their compatibility with the protection of natural resource values, compliance with legal directives, protection of human safety, and compatibility with other human uses. The Forest Service must also consider a reasonable range of alternatives and locations for the proposed recreational trails including on other USFS lands; and also consider whether other jurisdictions and lands in the area may provide for such uses. The Forest Service must consider whether they have the funding and staffing to assure the public that the USFS can maintain and protect public lands values and human safety in the future when they expand recreational infrastructure. Even when support comes from other sources, the responsibility to protect USFS lands and resources still lies with the USFS. 5

6 The Forest Service must also evaluate the contribution to greenhouse gasses, including the carbon footprint, of constructing and servicing expanded recreational infrastructure. The Forest Service must evaluate the potential for wildfire ignitions by additional recreation users on trails, and must evaluate the impacts of illegal mechanized and motorized trails on USFS lands, and the potential for more. We respectfully offer our comments on behalf of Sierra Club s 2.4 million members and supporters and on behalf of Wyoming Wildlife Advocates. Please keep us apprised of any developments in this issue and connected issues. Sincerely, Lloyd Dorsey Conservation Director Sierra Club Wyoming Chapter Box Jackson, WY lloyd.dorsey@sierraclub.org and on behalf of: Roger Hayden Managing Director Wyoming Wildlife Advocates PO Box 1772 Wilson, WY roger@wyomingwildlifeadvocates.org References Bridger-Teton National Forest. 2016a. Oil and Gas Leasing in Portions of the Wyoming Range in the Bridger Teton National Forest DSEIS. Jackson, WY. Figure A- 21. Wolverine dispersal corridors. Map, p. 25 Appendix A. Jackson, WY. Bridger-Teton National Forest. 2016b. Oil and Gas Leasing in Portions of the Wyoming Range in the Bridger Teton National Forest DSEIS. Jackson, WY. Figure A- 9a. Northern Rockies lynx planning area occupied lynx habitat and lynx core habitat map. P. 12 Appendix A. Jackson, WY. US Fish and Wildlife Service Endangered and Threatened Wildlife and Plants; Revised Designation of Critical Habitat for the Contiguous United State Distinct 6

7 Population Segment of the Canada lynx and Revised Distinct Population Segment Boundary. FR Doc Filed 09/11/2014 publication date 09/12/2014. Pp Wyoming Game and Fish Department Wyoming Grizzly Bear Management Plan. Figure 1. Boundary Mapping (Map of grizzly bear Primary Conservation Area, Demographic Monitoring Area, 2014 Grizzly Bear Distribution, etc.) P. vi. Cheyenne, WY. 7

8

9

10