Decision Memo Special Forest Products Sales. USDA Forest Service Detroit Ranger District, Willamette National Forest Marion & Linn County, Oregon

Transcription

1 Decision Memo Special Forest Products Sales USDA Forest Service Detroit Ranger District, Willamette National Forest Marion & Linn County, Oregon 1

2 Table of Contents 1. Purpose and Need Proposed Action Scoping and Public Involvement Categorical Exclusion Concideration of Extrodinary Circumstances Decision and Rational Findings Required by Other Laws Administrative Review and Implementation Date Contact Person

3 Purpose and Need The purpose of this project is to encourage the development of an industry around the commercial harvest of marketable special forest products. The need for this project is generated by demand from the public for various forest products that have commercial value and use such as plant greenery for floral arrangements, driftwood and rocks for landscaping, small diameter post and poles for furniture building, and boughs for Christmas season greenery uses. Proposed Action The proposed action is to implement the sale of special forest products in commercial sales and personal use permits in a contract-controlled manner which regulates activities and manages the forest environment and meets the demand for these products by the public. Harvesting of these products will be from within young managed stands, within 150 feet of roads open to public access for public permit collections and within 450 feet of roads open to the public for contract bear grass collections. These proposed activities are non-ground disturbing in nature. Gathering of these products will be restricted to hand gathering methods only. The primary removal method for these products will be by hand carrying products to existing roads. Types of special forest products to be harvested: a. Floral and landscaping products consisting of above ground plant clippings. Species to be collected from are manzanita, madrone, vine maple, California hazel, Oregon boxwood, rhododendron, chinquapin, bear grass, salal, willow, bracken fern, sword fern, Oregon grape, princess pine Pipsissewa. b. Christmas season products consist of all species of boughs and Christmas trees. To provide for a sustainable harvest over time, branch tipping would be used to remove boughs from the bottom half of the height of the tree for all species, except for western white pine. By taking only the tips of the branches and leaving the remainder, it allows for regeneration of the boughs that can be used in future harvests. In addition, removing boughs from the lower half of the height of the tree keeps the tree alive and helps to minimize declines in plant growth and vigor. c. Furniture, fencing and building products are used in the construction of multiple types of furniture, fencing and building construction. Conifer and hardwood trees utilized for these types of products would be 7.0 inches in diameter or less at the small end and no longer than 15 feet in length. All removal will be done by hand gathering and hand carrying to existing roads. Sales of special forest products promotes: a. Utilizing special forest product contracts to remove products in a manner that promotes ecosystem health of the existing area. b. Assisting road management objectives for maintaining safe sight distances by utilizing contracts along roadways to remove encroaching vegetation and rocks. c. Reducing fuel loading build up by removing the ground level natural fuels and boughs. d. Providing valuable products to promote a healthy local economy. e. Reducing uncontrolled illegal harvest of special forest products on the landscape and protecting those areas that are sensitive to disturbance. Reduction in garbage and littering, poaching and illegal campsites, associated with uncontrolled harvest is expected. To ensure the protection of other resource values, the following requirements will apply: Use of chainsaws, helicopters or other activities causing noise exceeding ambient levels will be prohibited from January 1 through August 31 for the protection of threatened and endangered species. On slopes less than 60%, no harvest of products would be permitted within 33 feet (slope distance) of perennially wet areas. On slopes 60% and greater, no harvest of products would be permitted within 60 feet (slope distance) of streams or wet areas. 3

4 Harvest of products would not be permitted within 60 feet of all established hiking trails or within 200 feet of highways, campgrounds, or other developed areas. No harvest of products would be permitted from the top 50% of tree crown. No climbing or use of climbing spurs is allowed. If commercial harvesters elect to camp while implementing this project, a camping permit that included provisions for garbage removal and sanitation would be required. Camping would be prohibited at trailheads. Harvested products removal would be by transporting product to existing roads by hand. Motorized vehicles must remain on existing asphalt or graveled Forest System roads. Commercial product removal in remote areas may be transported by helicopter or skyline yarding system with full suspension of the product above the ground, unless otherwise agreed to in writing. The Forest Service must approve skyline corridors, flight paths, landings and staging areas prior to starting helicopter or skyline operations. All commercial harvest activities would not be permitted during the Friday before and opening weekends of General Cascade buck hunting and General Cascade bull elk hunting seasons. Product removal by helicopter would not be permitted during the Friday before and the entire week of Cascade Bull elk hunting season. Gate access will not be permitted during the Cascades bull elk hunting season as well as the Friday before the season opening weekend. Closed gates are to remain closed at all times, even when operator is working in units protected by a gate device. Leaving any gate device open is prohibited by the operator or contractor. Follow applicable fire restrictions during fire season. Scoping and Public Involvement This project was listed in the Spring 2014 Forest Focus, the Willamette National Forests, Schedule of Proposed Actions (SOPA). A scoping letter seeking comments was mailed on April 4, 2014 to the Interested Parties on the Detroit Ranger District mailing list. One comment was received on this project. Oregon Wild offered comments concerning percent of product removal within a given area as well as comments concerning deciduous shrubs, these concerns are addressed in the analysis as appropriate. Under internal scoping, Detroit Ranger District specialist raised no issues and found no effects in relation to implementing these projects upon following guidelines and rescrictions in the individual harvest areas. All specialist reports and documentations are located in the project file. Categorical Exclusion The proposed action can be categorically excluded from further analysis and documentation in an environmental impact statement (EIS) or environmental analysis (EA) because there are no extraordinary circumstances and it falls into the category described in Forest Service Handbook Chapter 30 section (2) and section 32.2(6). Based on past experience, the effects of implementing this action will be of limited context and intensity and will result in little or no environmental effects to either the physical or biological components of the environment. The action does not involve significant affects to any extraordinary circumstances (see Table 1). Therefore, this action can be categorically excluded from documentation in an EA or EIS. Table 1: Consideration of Extraordinary Circumstances Resource Conditions Considered Federally-listed threatened or endangered species or designated critical habitat, or Forest Service sensitive species. Present or Not Cause-Effect Relationship between Proposed Action and Potential Effect on Resource Conditions? Yes All proposed project activities are designed to protect TE&S Species. Flood plains, Wetlands, or Municipal Yes None - No hydrologic disturbing 4

5 Watersheds. Congressionally designated areas such as Wilderness, Wilderness study, or National Recreation areas. activities will occur. All riparian areas will be buffered in the project areas. No hydrologic disturbing activities will occur. No None Inventoried Roadless Areas (IRAs). No None - This project does not involve any activities that could affect IRA characteristics. Research Natural Areas. No None Native American religious or cultural sites, archeological sites, or historic properties or areas. Yes None - No project activities occur on American Indian or Alaska Native religious or cultural sites. Special Forest Products harvest is not ground-disturbing in nature and known cultural sites will be avoided, so no heritage resources would be affected by this project. Decision and Rational It is my decision to implement the sale of personal use permits and commercial sales of special forest products on the Detroit Ranger District. The primary need for this project is provide special forest products to the public and to help manage the forest environment. A secondary need is for economic stimulus, providing products to the public create jobs and economical growth for local communities. The primary harvest method would be by hand and considered non ground disturbing. The possible use of chainsaws in the harvest and transportation of special forest products such as Christmas trees and boughs would be seasonally restricted to avoid disturbance of wildlife or disturbance of recreational opportunities such as hunting seasons. Findings Required by Other Laws I find that this project complies with all laws, regulations and policies regarding special forest products. The table below outlines the major laws with respect for special forest products and displays how this project complies with those laws. Year Enacted Title Summary How applied in this project 1897 Organic Act Gives the Forest Service the authority to develop and administer rules governing forest occupancy, use, and related activities Multiple-Use Sustained Yield Act 1969 National Environmental Policy Act (NEPA) Directs the Forest Service to manage the national forests for multiple uses on a sustained yield basis. The uses explicitly stated in the law include timber, range, watershed protection, fish and wildlife, wilderness, and recreation. Creates the environmental impact statement (EIS) and environmental assessment (EA) as instruments of environmental policy. Requires For this project, activities such as buying and camping on national forest lands follow these regulations. This project provides protection for threatened and endangered species, and ensures long-term sustainable harvest of these renewable special forest products. Scoping was conducted as required by NEPA. This project follows FSH Chapter 30 requirements for categorically 5

6 Year Enacted 1973 Endangered Species Act (ESA) 1976 National Forest Management Act (NFMA) 1992 Memo from Chief (Robertson 1992) 1993 Special Forest Products EA for Willamette National Forest 2000 Consolidated FY 2000 Appropriations Act, Sec. 339 of P.L National Strategy for Special Forest Products Title Summary How applied in this project public participation. Council on Environmental Quality regulations allows federal agencies to exclude certain categories of actions from documentation in EA or EIS. Establishes a formal procedure for federal agencies to classify plant and animal species as threatened or endangered and provide for their protection. Directs the Forest Service to integrate renewable resource management into its planning processes. Requires national forests to develop forest-wide plans by using procedures designed to encourage public participation. Established ecosystem management as the guiding policy for managing lands in the National Forest System. Calls for managing for biological sustainability while simultaneously taking into account human needs and values. Amends Willamette National Forest Plan (1990) with Standards and Guidelines and monitoring strategy for Special Forest Products. Rider entitled Pilot Program of Charges and Fees for Harvest of Botanical Products requires the FS to charge fair market value fees for NTFPs and conduct analyses to ascertain whether NTFP harvesting levels are sustainable. This strategy constitutes the agency s overarching policy statement with respect to NTFP management excludable activities. ESA consultation was done according to requirements - see FY NLAA Biological Assessment for Disturbance and Letter of Concurrence from US Fish and Wildlife Service ref I-0127 This project was developed in full compliance with the NFMA via compliance with the Willamette National Forest Land and Resource Management Plan 1990, as amended. The project follows appropriate standards and guidelines and management direction for the Management Allocations in the project area. Proposed bough harvest done in sustainable manner while also taking into account human needs to use these products. This project follows applicable standards and guidelines for special forest products outlined in this document. Special Forest Product permits will be in compliance with the provisions of this requirement. Project is consistent with this strategy by offering SFP s within the limitations of ecosystem sustainability for people to pursue their economic, social, and 6

7 Year Enacted 2002 Forest Service Handbook Chapter 80 effective December 16, 2002 Title Summary How applied in this project Added new direction for NTFP management on national forests, including requirements that national forests manage NTFP sustainably, incorporate NTFPs into forest plans, and subject NTFP harvesting activities to NEPA analyses. The directive also encourages forests to conduct inventories to assess impacts of management actions on NTFPs and collaborate in local partnerships to manage NTFPs. cultural wellbeing. It follows standards and guidelines in the Forest Plan that are based on ecologically sound principles. Proposed harvest practices foster sustainability and a conservation ethic. Special Forest Product harvest as proposed follows requirements for sustainability. Harvesting activities follow appropriate NEPA analysis (for CEs). Implementation Date Plans are to implement this project on or after May 20, Administrative Review and Implementation Date Effective March 5, 2014, the Forest Service will no longer offer notice, comment and appeal opportunities for categorically excluded projects pursuant to 36 CFR Part 215. On February 7, 2014, the President signed into law the Agricultural Act of2014, Pub. L. No (i.e., Farm Bill). Section 8006(a) of the 2014 Farm Bill repealed the Appeals Reform Act, Pub. L. No , 106 Stat (1992). Section 8006(b) directs that the pre-decisional objection process established in Section 428 of division E of the Consolidated Appropriation Act of2012, Pub. L. No , shall not be applicable to categorically excluded projects or activities. The Forest Service will continue to offer public involvement opportunities for categorically excluded projects as provided for in the agency's NEPA Procedures, see36 CFR (d) (SOPA) and 36 CFR 220.4(e) and 220.6(c) (scoping). Contact Person For further information, please contact Susan Crowder, at the Detroit Ranger District, North Santiam Highway, Detroit, Or (503) Approved by: /s/ Grady McMahan 5/16/14 Grady McMahan Date District Ranger 7

8 The U.S. Department of Agriculture (USDA) prohibits discrimination in all its programs and activities on the basis of race, color, national origin, gender, religion, age, disability, political beliefs, sexual orientation, and marital or familial status. (Not all prohibited bases apply to all programs.) Persons with disabilities who require alternative means for communication of program information (Braille, large print, audiotape, etc.) Should contact USDA's target center at (voice and TDD). To file a complaint of discrimination, write USDA, Director, Office of Civil Rights, Room 326-W, Whitten Building, 1400 Independence Ave. SW, Washington, DC or call (voice or TDD). USDA is an equal opportunity provider and employer. 8