CHAPTER 2610 - COOPERATIVE RELATIONS
2611 - COOPERATION WITH STATE WILDLIFE AND FISH MANAGEMENT AGENCIES
2611.1 - State--Forest Service Memorandum of Understanding
Stream Preservation
The following policy is presented to ensure consistent notification actions within the State of Montana related to protection of fish and game habitat, water quality in road planning and construction, and water or hydraulic projects. The Memorandum of Understanding between the State of Montana and the Forest Service (FS-01-78-017) specifies the submission of a Montana Department of Fish, Wildlife and Parks form (FG 124) to meet the needs for coordination required by the Montana Stream Preservation Act (Chapter 258, Montana Law of 1963, 26-118 RCM 1947). The permit requirements of the Natural Streambed and Land Preservation Act of 1975 (Title 26, Chapter 26, sections 26-1510 through 26-1523, RCM 1947) known as the 310 Act, are not applicable to National Forest lands and will not require submission of an application for a 310 permit.
All projects on National Forest lands, including those done by Special Use Permittees and others, fall under the FG 124 process and Montana Forest Supervisors will comply with Clause g of the MOU FS-01-78-017 for all road planning and construction, and water or hydraulic projects. Permittees and others will apply through the Forest Supervisor and the Forest Supervisor will be responsible for coordinating with the Department of Fish, Wildlife and Parks according to the following process:
1. The Forest representative (usually the Forest fishery biologist), along with a representative from the Montana Department of Fish, Wildlife and Parks (FWP), and in consultation with Forest engineers, hydrologists, or other pertinent personnel, will annually (generally January or February) review the Forests' proposed projects for upcoming field seasons to decide which ones could potentially impact any fishery related streams, stream banks, or channels and their fish and game resources. All proposed projects will be reviewed and a determination made of those which qualify for submission of an FG 124. Forests will then prepare an FG 124 and submit it to the Forest representative who will send them to the appropriate FWP Regional Fisheries Manager by March 15 of each year. Typical projects include, but are not limited to: stream crossings, stream bank protection measures, habitat improvement devices, and riparian zone disturbances such as road construction.
2. The FWP Regional Fishery Manager will review the forms and identify those projects FWP would like further involvement with. Projects needing further involvement will be returned by April 15 to the appropriate Forest representative who will then notify the appropriate field units of the need to further involve FWP personnel in the project. Involvement of FWP personnel in earlier NEPA processes is encouraged and would decrease the need for additional involvement.
3. Forest field units will then schedule participation by FWP personnel for a field review of the project. Final project design should not be done prior to the field review so necessary adjustments can be made. Notification of field review dates will be made to FWP as early as possible. If the FWP representative is unable to attend a field review, it will be their responsibility to arrange an alternative plan for providing input.
4. After the field review, the FWP Regional Fisheries Manager, in consultation with the Forest representative, will determine if the project could result in a significant increase in turbidity, thereby requiring authorization from the State Department of Health and Environmental Sciences (DOHES). The FWP Regional Fisheries Manager will notify by letter both the Forest and DOHES if a short-term permit (3A) is required. The Forest will then be responsible for applying to DOHES for the authorization.
5. For unplanned and/or emergency projects, FG 124 notifications will be sent to the Forest representative who will then send them to FWP. Coordination of these projects will still normally take at least 60 days, however, all Narties will expedite the process to the best of their abilities. Forests will involve FWP in a manner similar to steps 1-4, above, and provide as much notification and review time as possible.
FG 124 Coordination Procedure
______
| Annual Meeting |
|MFWP Representative|
|and Forest Fish|
|Biologist, Hydrologist, |
|Engineer, etc. |
| |
|Projects not needing||Projects needing|
| FG 124 || FG 124 |
||||
|Unplanned or Emergency|
| Projects|
|60 days notice for ||FG 124 to MFWP|
|unplanned projects, if || (by 3/15)|
|possible. ASAP for |||
|emergency projects. |
|Both agencies to expedite|
|process when required. |
||
|MFWP response to|
|Forest (by 4/15)|
||
|Field units schedule ||No further |
|involvement in project||involvement|
|review prior to ||necessary |
|final project design. |||
| |
|Forest advises MFWP|
|in writing of ||Non-concurrence||Concurrence with|
|inability to meet ||with project design||project design |
|recommendations |||||
|and reasons why |
||
|Re-design||3A permit||3A permit |
|||required ||not required|
||||
|DOHES notified|
||
______
MEMORANDUM OF UNDERSTANDING
IDAHO DEPARTMENT OF FISH AND GAME - FOREST SERVICE
REGIONS ONE AND FOUR
U.S. DEPARTMENT OF AGRICULTURE
This Memorandum of Understanding is entered into by and between the Idaho Department of Fish and Game, hereinafter referred to as the Department, acting by and through its Commission and Director, under the authority of Title 36, and any other appropriate title and chapter of the State of Idaho code, and the Forest Service, USDA, acting by and through the Regional Foresters, Regions One and Four, hereinafter referred to as the Forest Service.
WHEREAS, The Department has been created under the laws of the State of Idaho to provide for the protection, preservation, and management of wildlife and fish within the State, and
WHEREAS, the Forest Service is authorized by acts of Congress and by regulations issued by the Secretary of Agriculture to administer the resources of the National Forests, and
WHEREAS, it is the mutual desire of the Department and the Forest Service to work together for the common purpose of developing, maintaining, and managing all of the wildlife and fish resources on lands administered by the National Forests for the best interests of the people of Idaho and of the United States.
NOW THEREFORE, in consideration of the above premises the parties hereto agree as follows:
A. The Forest Service shall:
1. Manage National Forest System lands to the extent permitted and required by Federal law, regulation, and the principles of multiple use management to consider wildlife and fish in all management activities.
2. Recognize the Department as being the agency responsible for managing wildlife and fish.
3. Consider the Department's goals and objectives in the development of National Forest Plans. Implementation of these Plans will be the means of providing habitat capability to assist the Department in achieving wildlife and fish population goals.
4. Provide the Department with copies of Forest Management Plans, news releases, wildlife and fisheries habitat management plans of a Regional, Forest, District or area level, correspondence relative to wildlife and fisheries including formal consultation on endangered species matters, environmental analyses, environmental impact statements, and decision notices. To provide, upon request from the Department, the opportunity to review other reports and plans on a Regional, Forest, and District level which relate to the management of Forest resources other than wildlife and fish which could affect wildlife habitats. Specific details shall be developed in the Forest Supervisor/Regional Supervisor supplements .
5. Make available to representatives of the Department such National Forest improvements, facilities, equipment, pack and saddle stock, aircraft and services as would be used in wildlife work, provided they are not currently being used by the Forest Service.
6. Permit the erection and maintenance of structures needed to facilitate wildlife and fish management activities of the Department within the National Forests, provided such structures conform in character and location with requirements of the Forest Service, and that such projects are covered by individual cooperative agreement, letter of concurrence by appropriate line officer, or special use permit.
7. Permit the Department to undertake and maintain wildlife and fish habitat improvements on the National Forests pursuant to laws and regulations governing use of these lands, and provided such improvements are in accord with National Forest land management plans, and such projects are covered by individual cooperative agreements, letter of concurrence by appropriate line officer, or special use permits.
8. Invite Department representatives to participate on interdisciplinary teams when impacts on wildlife and fish or habitats may be of concern to the Department.
B. The Department shall:
1. Manage wildlife and fish to the extent permitted by State laws and regulations so that the effects on other National Forest resources are considered.
2. Recognize the Forest Service as the agency responsible for the management of National Forest System lands.
3. Provide the Forest Service with Department's Species Management Plans, reports, findings, news releases, laws and regulations, or other written materials relating to wildlife and fish use on the National Forests and copies of other material and vital correspondence relating to this Memorandum.
4. Make available to the Forest Service such improvements, facilities, and equipment as would be used normally in the management and protection of National Forest resources, provided they are not currently being used by Department personnel.
5. Erect no signs or structures and perform no construction not herein provided for on National Forest System lands without first securing the approval of the appropriate Forest Supervisor, or his representative.
6. Make no use of chemicals for the control of wildlife or fish on National Forest System lands without prior consultation with the Forest Service.
7. Invite Forest Service personnel to participate in Department meetings when fish and game plans are being developed that may affect National Forest System lands.
8. Consult with the Forest Service on proposed transplants or introductions of wildlife and fish with sufficient lead time to permit joint field investigations regarding the effects of such programs on National Forest System lands. Normal and recurrent trapping and transplant projects, as defined in the Forest Supervisor/Regional Supervisor Supplements, are an exception to this procedure.
9. Comply with Title 6 of the Civil Rights Act of 1964 and in accordance with Title 6 of the Act, no person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or otherwise subjected to discrimination under any program or activity under this memorandum.
C. It is mutually agreed and understood by and between the said parties:
1. To cooperate in the development and application of plans, surveys, and programs, and to effect evaluations of other resource programs by providing and sharing scientific information.
2. That the Department and Forest Service will assist each other in the enforcement of applicable laws and regulations by reporting violations, or suspected violations, to the responsible Conservation Officer or Forest Officer. Such enforcement activities will be incidental to the regular work activities of the respective agencies.
3. To meet periodically to discuss matters relating to the management of wildlife and fish resources on National Forest System lands.
4. That the Department and Forest Service will jointly cooperate in the monitoring of management indicator species, as listed in Forest Plans.
5. That the use of improvements, facilities, equipment, pack and saddle stock, and aircraft for wildlife and fish management purposes will be coordinated with the local representatives of both agencies. If there is to be a charge for the use of such equipment or services rendered, then the rate will be at actual cost.
6. To erect on National Forest System lands structures and improvements that benefit wildlife and fish resources, and undertake mutual signing for road closures where agreeable and appropriate. The manufacture, location, language, and type of signs that the Department or the Forest Service desires to erect on National Forest System lands that deal with wildlife management practices, policy, or benefits will be in keeping with standards published in the Forest Service Sign Handbook; details will be worked out cooperatively between the Department and the local Forest Supervisor.
7. Emphasis will be placed on resolving differences by the Forest Supervisor and Regional Supervisor of the Department. If disagreements cannot be resolved they may be referred to higher administrative levels.
8. When the views of one agency are contrary to the established policy or plans of the other, representatives of both agencies shall meet in advance and attempt to resolve differences before either agency expresses in public a view contrary to the established policy or plans of the other agency. This is not to be construed to prevent either agency from providing pertinent information to the public on the probable impacts of proposed actions prior to the decision adopting a specific policy or plan of action. However, the emphasis is for each agency to work together in the interdisciplinary approach in the decision making process.
9. That separate and individual agreements will be developed whenever specific areas of National Forest are set aside for a program of intensive cooperative wildlife and fish management which in part, or in whole, are financed by deposits in a cooperative work fund.
10. That each and every provision of this Memorandum is subject to the applicable laws of the State of Idaho and the laws of the United States, and the regulations promulgated by each.
11. That nothing in this Memorandum shall be construed as obligating the Department or the State of Idaho and the Forest Service or the United States Government in the expenditure of funds or for the future payment of money in excess of appropriations authorized by State and Federal laws.
12. That nothing herein contained shall be construed as limiting or affecting in any way the authority of:
a. The Department in connection with the harvest, protection, preservation, and propagation of wildlife and fish resources for which it is responsible.
b. The Regional Forester in connection with the administration and protection of the National Forest System lands in accordance with the purpose for which the lands contained therein were acquired and reserved.
13. That no member of or delegate to Congress, or resident Commissioner shall be admitted to any share or part of this Memorandum or to any benefit that may arise therefrom; but this provision shall not be construed to extend to this Memorandum if made for a corporation for its general benefit.
14. This agreement may be terminated by mutual consent or by either party upon 90 days' written notice.
15. This agreement supercedes agreement dated March 4, 1976, and supplements by each agency.
16. To develop and maintain supplements to this Memorandum between individual Forest Supervisors and the Department's Regional Supervisors for the purpose of promoting understanding and cooperation by describing procedures for communication and coordination. These supplements shall follow the same format and content as this Master Memorandum of Understanding, and shall refer to this agreement.
IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the last date written below.
IDAHO DEPARTMENT OF FISH AND GAME
Date ?/s/ Jerry M. Conley
Director
USDA, FOREST SERVICE, R-4
Date 4/14/83 /s/ WHMcCrum
for Regional Forester
USDA, FOREST SERVICE, R-1
Date 2/18/83/s/ Tom Coston
Regional Forester
______
______
SUPPLEMENT TO
MASTER MEMORANDUM OF UNDERSTANDING
IDAHO DEPARTMENT OF FISH AND GAME -
USDA FOREST SERVICE, REGIONS 1, 4, AND 6
WHEREAS, the Idaho Department of Fish and Game, hereinafter referred to as the Department, and the USDA Forest Service, (Regions 1, 4, and 6), hereinafter referred to as the Forest Service, mutually recognize the opportunity to improve elk management on National Forests through increased cooperative efforts, and
WHEREAS, the Department and Forest Service agree that a clearly understood and implemented access management program will increase the effectiveness of habitat management for elk, and that the variety of public hunting and related recreation opportunities can thereby be promoted, and
WHEREAS, the absence of such an effective access management program will lead to diminished elk habitat effectiveness and reduced hunting opportunities, thereby not fulfilling elk and hunter outputs as projected in agency management plans. It is envisioned that this condition would result in interagency polarization and lead to conflicts in dealing with project-level decisions and actions; accompanied by a decrease in public trust of the agencies management abilities, and lower public acceptance of integrated resource management programs, and
WHEREAS, the Department and Forest Service desire to initiate a cooperative access management program to improve elk hunting opportunities and habitat security on National Forests, and
WHEREAS, the Master Memorandum of Understanding between the Department and the Forest Service, dated April 14, 1983, does not specifically provide for such a cooperative program.
NOW THEREFORE, in consideration of the above premises, the Department and Forest Service hereby agree that:
1. Forest Supervisors and Regional Supervisors will meet to discuss and agree upon geographic areas within which to manage access for elk hunting opportunities and elk habitat security.
2. Forest Supervisors and Regional Supervisors will meet and review elk habitat security as identified in National Forest Management Plans and will develop and implement levels of access management appropriate to support the desired variety of hunting opportunities.
3. Forest Supervisors and Regional Supervisors will develop cooperative enforcement programs to maintain and improve elk hunting opportunities and habitat security on National Forests at desirable levels.
4. Forest Supervisors will address hunter access management within the context of their Travel Planning Program, which will be coordinated with Regional Supervisors.
5. Forest Supervisors and Regional Supervisors will monitor and evaluate and make desired revisions to access management programs.
IN WITNESS WHEREOF, the parties hereto have executed this amendment as of the last date written below.
Date 10/6/86 /s/ Jerry M. Conley