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FOREST SERVICE MANUAL
OGDEN, UTAH
TITLE 1500 - EXTERNAL RELATIONS
Supplement No. 1500-94-3
Effective June 2, 1994
POSTING NOTICE: Supplements are numbered consecutively by Title and calendar year. Post
by document name. This supplement replaces all Region 4 text except Interim Directives (ID).
Retain this transmittal as the first page of this document. The last supplement to this Title was
Supplement 1500-94-2 to FSM 1561.1
Document Name
1561.2-Part01
1561.2-Part02
1561.2-Part03
Superseded New
(Number of Pages)
24
20
11
Digest:
1561.2 - Parts 01 through 03 issue five agreements between Region 4 and state wildlife
departments in electronic format with no text changes.
Exhibit 01 - Adds Memorandum of Understanding between Department of Fish and Game, State
of California and USDA, Forest Service, R-5, which forms the basis for cooperation between the
two agencies in this region.
Exhibit 02 - Adds Memorandum of Understanding between Idaho Department of Fish and Game
and USDA Forest Service, Regions 1 and 4.
Exhibit 03 - Adds Memorandum of Understanding between Intermountain Region and Nevada
Department of Wildlife, State of Nevada.
Exhibit 04 - Adds Memorandum of Understanding between the Utah Division of Wildlife
Resources and USDA Forest Service, Region 4.
Exhibit 05 - Adds Memorandum of Understanding between State of Wyoming, Game and Fish
Commission through the Game and Fish Department Director and the Forest Service, Regions 2
and 4.
DALE N. BOSWORTH
Acting Regional Forester
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FSM 1500 - EXTERNAL RELATIONS
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CHAPTER 1560 - STATE, COUNTY, AND LOCAL AGENCIES;
PUBLIC AND PRIVATE ORGANIZATIONS
The Region's master Memorandum of Understanding with the California Department of Fish and
Game has been revised and updated. This Memorandum forms the basis for cooperation between
the two agencies in this region. All supplemental agreements covering management of
individual wildlife species, habitat development projects, or investigative work shall make
reference to this master Memorandum in the preamble. The master Memorandum of
Understanding reads as follows:
1561.2 - Exhibit 01
MEMORANDUM OF UNDERSTANDING
U.S. Forest Service, R-5
and the
Department of Fish and Game, State of California
This Memorandum of Understanding, made in duplicate this 1st day of March, 1972, by and
between the California Department of Fish and Game, hereinafter called the Department, and the
United States Forest Service, Region 5, hereinafter called the Forest Service.
WHEREAS, the Department, together with the Fish and Game Commission, has been created
under the laws of the State of California to provide for the protection, propagation and control of
fish and wildlife 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, the Forest Service, under the Acts of June 4, 1897, (16 U.S.C. 551), February 1,
1905, (16 U.S.C. 473), July 22, 1937, (U.S.C. 1010), June 12, 1960, (16 U.S.C. 528), and
January 1, 1970, 91-190 as amended, is directed to regulate the occupancy and use of the
National Forests, to maintain within the National Forests proper habitat conditions for fish and
wildlife, and for securing proper use of the habitat compatible with other uses of land under its
administration, and
WHEREAS, under the Acts of June 30, 1914, and April 24, 1950, the Forest Service is
authorized to promulgate cooperative agreements with other agencies, and
WHEREAS, it is the mutual desire of the Department and the Forest Service to work in harmony
for the common purpose of developing, maintaining and managing all of the fish and wildlife
resources to the best interest of the people of California and the United States,
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1561.2 - Exhibit 01--Continued
NOW, THEREFORE,
The Forest Service agrees:
(a) To practice those forms of land and resource management that will benefit fish and wildlife
in coordination with the requirements of other users and values of the Forest.
(b) To recognize the Department and the Fish and Game Commission as being primarily
responsible for determining the means by which fish, mammals, birds, and other wildlife shall be
used beneficially and for promulgating rules and regulations for their taking.
(c) To recognize the Department as the State agency primarily responsible for research in the
field of fish and wildlife within the State.
(d) To cooperate in the enforcement of the fish and game laws of the State to the extent
permitted by Federal laws and regulations.
(e) To make available to members of the Department such National Forest improvements,
facilities, and equipment as would normally be used in a fish and wildlife research and study
work, provided that they are not being currently used by the Forest Service.
(f) To permit the erection and maintenance of structures needed to facilitate fish and wildlife
activities of the Department within the National Forests, provided such structures conform in
character and location with the usual requirements of the Forest Service administration and
policy.
(g) To permit the Department to undertake and maintain fish and wildlife habitat improvements
on the National Forests pursuant to laws and regulations governing use of these lands, and,
provided such improvements are in accord with Forest Service land use plans, provided further,
that such practices are covered by individual cooperative working agreements.
(h) To facilitate the work of the Department by making available such records and data as may
be available and pertinent to its work, such as maps, survey data, waterflow records, and the like.
(i) To provide the Department with reports findings or other written material relating to fish and
wildlife habitat conditions on the National Forests and copies of other material and vital
correspondence relating to this memorandum.
(j) To accept cooperative deposits from the Department and to use them to construct or maintain
fish and wildlife improvements as agreed upon by both agencies when work priorities of the
Forest Service permit.
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1561.2 - Exhibit 01--Continued
(k) Recognize and comply with State stream protection laws set forth in the California Fish and
Game code, Section 1600-1602, inclusive, in accord with prescribed procedure and methods
acceptable to both agencies.
The Department agrees:
(a) To recognize the Forest Service as the agency responsible for determining the proper use of
the National Forest Land and Water and for coordinating all uses and values on National Forest
Lands. To the extent feasible, to adjust and/or to manage fish and wildlife (game) populations so
that damage to the National Forest resources is avoided.
(b) To make available to the Forest Service such facilities, equipment, and personnel as can be
devoted for the prevention and suppression of forest fires on or near the National Forests insofar
as is compatible with their normal use or duties.
(c) To make or sanction no introduction of fish or wildlife which may affect National Forest
Land or Water Management until a joint determination has been reached regarding its effect upon
all other resources.
(d) To limit the use of pesticides for any purpose on the National Forests to areas and to methods
where a mutually agreed upon plan has been adopted.
(e) To notify the Forest Service when special permits to take game and fish on National Forest
Land out of season are issued, including the locality and wildlife species involved.
(f) To erect no signs or structures and to perform no construction or other acts not herein
provided for without first securing the concurrence of the Forest Supervisor.
(g) To notify the Forest Service promptly of changes in game, fur, and fish laws and regulations.
(h) To provide the Forest Service with reports, findings, or other written material relating to fish
and wildlife use on the National Forests and copies of other material and vital correspondence
relating to this Memorandum.
(i) To recognize the Bureau of Sport Fisheries and Wildlife of the United States as the agency
responsible for Federal activities in the fields of predator control, rodent control,and zoological
research on National Forest land.
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1561.2 - Exhibit 01--Continued
The Department and the Forest Service mutually agree:
(a) To cooperate in the restoration and management of fish and wildlife resources of the State of
California in proper relation with the land and water use plans of the Forest Service.
(b) To promote a united approach by all interested parties to the problems relating to wildlife
and fisheries management.
(c) To cooperate in the formulation and application of practical plans and programs to guide the
management of fish and wildlife upon National Forest lands.
(d) To cooperate fully on the ground in the resolution of problems affecting the Regional
Managers of the five Fish and Game regions and the Supervisors of the Forests within those
regions. Questions which cannot be resolved in the field will be referred to the Regional Forester
and the Director of the Department.
(e) That the operational agreements and procedures outlined in the attached Appendix are an
integral part of this Memorandum of Understanding and have the full force and effect of this
Memorandum. They may be amended or supplemented as provided herein.
(f) To require as close cooperation as practicable of all Department and Forest Service
personnel, including the interchange or pertinent information in all matters such as law
enforcement, game and fish stocking, predator control, game and fish surveys, emergency
feeding, habitat improvement, public education, refuges, etc.
(g) That whenever a specific area of a National Forest is set aside for a program of intensive fish
and wildlife management, which in part or whole is to be financed by deposits in a cooperative
work fund, separate and individual cooperative agreements will be entered into by the parties
hereto covering the management of each such National Forest or portion thereof.
(h) To meet jointly at least annually, and more often if necessary, for discussion of matters
relating to the management of fish and wildlife resources in or affecting the National Forests and
to provide for other meetings at various administrative levels for discussions of law enforcement;
educational programs, cooperative studies, management plans; fish and wildlife surveys; hunting,
fishing and trapping seasons; game refuges;and such other matters as may be relevant to the fish
and wildlife resource and its habitat. It will be the responsibility of the Director to call at least
one such meeting annually prior to the regulatory powers meeting of the State Fish and Game
Commission in April.
(i) That each and every provision of this Memorandum of Understanding is subject to the laws
of the State of California and the laws of the United States.
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1561.2 - Exhibit 01--Continued
(j) That nothing in this Memorandum shall be construed as obligating the Department or
the State of California to the expenditure of funds, or for the future payment of money in
excess of appropriations authorized by law.
(k) That nothing in this Memorandum shall be construed as obligating the Forest Service or
the United States Government to the expenditure of funds or for the future payment of
money in excess of appropriations authorized by law.
(l) That nothing herein contained shall be construed as limiting or affecting in any way the
authority of the Regional Forester in connection with the proper administration and
protection of the
National Forests in accordance with the purpose for which the lands contained therein were
acquired and reserved.
(m) That nothing herein contained shall be construed as limiting or affecting in any way
the authority of the Director in connection with proper administration, protection, or
management of the fish and wildlife resources for which he is responsible.
(n) That this Memorandum shall become effective as soon as it is signed by the Director of
the Department and the Regional Forester of the Forest Service and shall continue in force
until terminated by either party upon thirty (30) days' notice, in writing to the other, of his
intention to terminate the agreement upon a date indicated.
(o) 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
with a corporation for its general benefit.
(p) That amendments to this Memorandum of Understanding may be proposed by either
party and shall become effective upon approval by both parties.
(q) This Memorandum supersedes the agreement between the Department of Fish and
Game, State of California, and the Forest Service, Department of Agriculture, dated April
15, 1953.
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1561.2 - Exhibit 01--Continued
CALIFORNIA DEPARTMENT OF FISH AND GAME
Date
March 1, 1972
/s/ C. Ray Arnett
Director
UNITED STATES FOREST SERVICE
Date
March 1, 1972
/s/ D. R. Leisz
Regional Forester
ADDENDUM
TO
MEMORANDUM OF UNDERSTANDING
BETWEEN
FOREST SERVICE, REGION 5
AND
DEPARTMENT OF FISH AND GAME, STATE OF CALIFORNIA
Dated
March 1, 1972
This addendum provides for Region 4, Forest Service to be a full party to the subject
Memorandum. It is mutually agreed that the present Memorandum of Understanding, as written,
is applicable to that portion of Region 4, Toiyabe National Forest, which is located within the
State of California. It is further agreed that, hereafter, reference to Forest Service in the subject
Memorandum will include both Region 5 and the California portion of the Toiyabe National
Forest, Region 4.
This addendum to the master Memorandum of Understanding will become effective on the date
of the last signature shown below.
CALIFORNIA DEPARTMENT OF FISH AND GAME
Date
March 22, 1973
/s/
Director
FOREST SERVICE
Date
February 1, 1973
/s/ Vern Hamre
Regional Forester, Region 4
Date
April 2, 1973
/s/ Douglas Leisz
Regional Forester, Region 5
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1561.2 - Exhibit 01--Continued
MEMORANDUM OF UNDERSTANDING
APPENDIX
1.
Stream and Lake Improvements
All proposed structural habitat improvements on National Forest lands by either Agency will be
based on plans that have been reviewed by both the Forest Supervisor and the Regional Manager.
Such improvements may consist of:
a. Removal of fish migration barriers (log jams, or natural falls).
b. Installation of rough fish migration barriers.
c. Construction of fishways.
d. Construction of spawning areas or incubation channels.
e. Construction and location of gabions, brush catchers, accelerators or dams, or the
installation of boulders or similar devices designed to improve stream habitat.
Each plan will include:
a. A map of sufficient scale to show the location and type of project.
b. A brief statement covering the nature, extent, and construction season of the project and
the equipment to be used.
Where the project is to be accomplished with cooperative funds a specific agreement will be
written. The agreement will show the extent of participation by each party, how cooperative
funds will be spent and accounted for, and specific billing dates.
2.
Stream Modification
The Forest Supervisor will notify the appropriate Department Regional Manager of activities
which significantly affect stream or lake hydrology or ecology. Examples of such activities are
road construction, logging, flood control work (viz. channel relocation, channel clearance, levee
construction, bar removal), impoundments or diversions, removal of stream bank vegetation or
natural cover.
3.
Annual Meeting
An annual meeting between the Department and the Forest Service will be held in February each
year at a time and place mutually determined. By January 15, the Director of the Department will
notify the Regional Forester of the time and place. The meeting will be held for the purpose of
exchanging information on broad policies and programs, technical
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1561.2 - Exhibit 01--Continued
information of broad significance, any needed correlation of long term
objectives of Forest Service and Department programs, and other items as outlined in the
cooperative agreement. When appropriate other Federal or State agencies may be invited to
attend.
Agendas for the meetings and participation by other agencies will be planned by Department and
Forest Service representatives.
4.
Zone Meetings
A technical meeting to discuss specific programs should be held at least annually between
personnel of the Department of Fish and Game and Forest Service. Department Unit Managers,
Fishery Biologists and Wardens, Forest Service District Rangers and their staff and various Staff
Officers in the Forest Supervisors' offices should attend. Participation and agenda will be
determined jointly by both agencies. Examples of topics pertaining to both fish and wildlife are:
Proposed changes in hunting and fishing regulations.
Exotic introductions proposed, and any other transplants.
Status and habitat requirements of rare or endangered species.
Habitat project needs, evaluation, and proposed programs.
Status of land exchange coordination and need.
Planned harvest, reforestation and roads for specific timber sales.
Individual livestock range allotment coordination needs.
Fish planting programs for current and next year.
Non-game species, predators, and rodents.
Animal control programs or proposals.
A summary report of these meetings with recommendations and unresolved problems, shall be
documented and presented to the Forest Supervisors and the Regional Managers.
The Forest Supervisors and the Regional Managers will meet at least annually in a zone meeting
to discuss mutual problems and policy programs affecting more than one National Forest. The
agenda may include any unresolved items from the summary report of the technical meetings.
5.
Wildlife and Fish Stocking
a. Applications to introduce native or exotic species of fish and wildlife on National Forest
lands will be made in writing to the concerned Forest Supervisor. Applications will be
made far enough in advance (preferably 6 months to one year) so that the Forest will have
sufficient lead time to properly evaluate the impact on other uses and resources.
b. Proposed introduction sites will be jointly examined by representatives of the Forest
Service and the Department of Fish and Game.
c. Proposed introductions of big game animals that are considered desirable will be
approved only after the Forest Supervisor and the
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Regional Manager have jointly prepared a brief plan for introduction and management. The
plan will provide for management of habitat and will maintain satisfactory forage, soil and
other resource conditions. The plan will be submitted to the Regional Forester and the
Director for approval.
d. Region 5 has been given blanket authorizations to approve release of the following
exotic game birds on National Forest lands:
Coturnix Quail
Indian Chukar
Turkish Chukar
Greek Chukar
Afgan White-Winged Pheasant
Red-legged Partridge
Barbary Partridge
Erkel's Francolin
Black and Gray Francolin
Authority to approve requests from the Department of Fish and Game to release the listed species
on National Forest lands is delegated to Forest Supervisors. Until further blanket authorization is
received, requests to introduce other exotic species will be referred to the Regional Forester for
consideration.
e. Forest Supervisors encourage reintroduction of fish and wildlife which were native to
the wilderness, but which have disappeared, consistent with other management objectives.
Introduction of non-native fish and wildlife species within wilderness is prohibited, except
where such stocking is necessary to foster survival of rare and endangered species.
f. For fish and wildlife introduction proposals that appear undesirable, the Forest
Supervisor will recommend disapproval to the Regional Forester who will advise the
Director in writing, giving the reasons for disapproval.
6.
News Releases and Other Publicity
a. News or other publicity released by either agency, which concerns cooperative activities,
will briefly mention the cooperative nature of the subject material.
b. Releases affecting major policies or programs of either agency will be presented for a
joint review by the initiating agency. When time is short, approval or disapproval may be
made by telephone or teletype and confirmed by memorandum from the reviewing agency.
1561.2 - Exhibit 01--Continued
7.
Cooperative Signing
a. Cooperative sign plans, as needed, will be jointly developed by Regional Manager and
the Forest Supervisor.
b. Wording of signs in cooperative plans will be jointly developed or approved by the
Regional Manager and Forest Supervisors.
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1561.2 - Exhibit 01--Continued
c. Signs will be erected and maintained as prescribed by Forest Supervisors in keeping
with general forest practice and with standard instructions contained in the Forest Service
Handbook. Signs to be constructed along State and Federal highways shall be located and
constructed in accordance with existing agreements between the California Division of
Highways and the Forest Service.
d. The agencies have agreed to the following general sign practices in this Region.
1. Boundary signs for refuges and fish and game districts will be posted as follows:
a. Metal signs may be placed directly on trees with aluminum nails.
b. Cloth or paper signs must have wooden backboards when displayed along roads.
2. Information signs and posters may not be fastened to trees. Signposts and
backboards will be used.
3. No signs or posters may be fastened to Forest Service signs or signposts.
4. Signs will be kept to the minimum needed to adequately inform the public and
satisfy legal requirements. Indiscriminate signing will not be allowed.
5. General brushing or pruning of trees shall be done in a neat and careful manner
consistent with good forestry practices.
6. Sign installations adjacent to Forest Service station sites will conform to roadside
specifications. (See 1-B)
7. Department will remove all signs when they are no longer needed.
8.
Road Planning
Forest Supervisors will invite the appropriate Department Regional Manager to review and make
suggestions concerning road construction programs that may significantly affect fisheries or
wildlife habitat resources. This review may be made at periodic meetings, during the habitat
modification review outlined in Item 9, as required.
9.
Habitat Modification
To ensure adequate coordination of the fish and wildlife resources within proposed range
vegetation, brush control or reforestation projects,and to allow Department review of fish and
wildlife habitat improvement projects, the following procedure will be followed:
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1561.2 - Exhibit 01--Continued
a. The Forest Supervisor will invite the appropriate Department Regional Manager to
review program proposals for range vegetation, type conservation and reforestation projects
that affect key wildlife areas (both summer and winter, both mammal and bird), as well as
plans for direct fish and wildlife habitat improvement. This review will be made at the
Forest Supervisor's Office before March 31 and will include projects planned for the next
fiscal year and any long-range plans that are available.
b. The Regional Manager will designate appropriate Department personnel to meet with
Forest Service personnel to carry out any needed field inspections on selected projects.
c. Following such inspections the Regional Manager will prepare formal comments on the
project and forward copies to the Forest Supervisor concerned. This report is to be
submitted to the Forest Service, as above outlined, by May 31 for all projects inspected that
are planned for the next fiscal year.
d. The Forest Service will advise the Department of projected, long-range management
plans and of plans for urgency projects as they become available. Examples of long-range
plans are the five-year timber sale and reforestation programs and transportation and type
conversion plans.
e. Proposals involving the use of pesticides or other chemicals for modification of animal
or fish populations by Department personnel will be submitted to the Forest Supervisor for
approval. These proposals, including detailed plans and maps, must be received before
March 31.
f. Emergency proposals (normally those occasioned by unexpected pest outbreaks) can be
submitted as necessary but should be held to a minimum. In such cases, sanction for the
use of pesticides on a Forest can be obtained by telephone after consultation between both
the Forest Supervisor and the Regional Manager.
10.
Cooperative Fish and Wildlife Analysis and Studies
The Forest Service is primarily responsible for multiple use management of all National Forest
resources--soils, water, and vegetation, including fish and wildlife habitat--and the Department is
primarily responsible for the management and protection of fish and wildlife. To provide a
balanced fish and wildlife habitat management program, mutual cooperation of the two Agencies
is essential. Agency manpower and resources can be more economically, effectively and
efficiently utilized where Forest Service personnel assist the State in carrying out fish and
wildlife surveys, counts, and measurements, and the State personnel assist the Forest Service in
inspections and measurements of habitat factors.
To realize maximum value from current data, results of annual fish, and wildlife, and range
studies will be exchanged immediately upon completion.
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1561.2 - Exhibit 01--Continued
The Department and Forest Service will jointly conduct training sessions as needed in fisheries
and big game range inspection procedures and techniques and in big game survey, counts and
measurement procedures and techniques. This will assure a uniform approach, interpretation,
and acceptance of methods and principles.
11.
Predator Control and Use of Pesticides
The Forest Supervisor will notify the concerned Regional Manager of the Department and
Department's Field Station Laboratory, 987 Jedsmith Drive, Sacramento, California 95819,
whenever it is planned (a) to control predatory animals or (b) to use pesticides, including
herbicides, fungicides, insecticides, piscicides, rodenticides, and avicides on National Forest
land. Control treatment of scattered trees or shrubs may be reported on an area-wide basis, such
as watershed or other generalized location. Housekeeping treatments in and around the
immediate vicinity of buildings, campgrounds need not be reported.
The pesticide notice will provide the following information: (a) plant or animal to be controlled;
(b) date, name of area, and acreage of application of control measures; (c) name of pesticide to be
used; and (d) amount of active ingredient per acre to be applied and method of application.
Copies of Forest reports pertaining to the planned use of pesticides will serve the purpose of
notification.
Notification as prescribed in this Section shall satisfy provisions of Section 3 in the Blanket
Permit to take furbearing animals (Section 2651.3).
12.
Aerial Planting of Fish in Wilderness Areas
There is a high demand for fishing in high mountain lakes within existing and proposed
Wilderness Areas. Many of the lakes are lacking, or are limited in, elements that make fisheries
self-sustaining. Other lakes have a fishing demand in excess of natural production. As a result,
it has been necessary to stock lakes periodically, some annually, some biennially, other at longer
intervals. The use of aircraft to plant these high mountain lakes is a practice of long standing and
is absolutely necessary for a successful and economic operation.
On the other hand, Forest Service Regulations prohibit the use of mechanized equipment within
Wilderness Areas with exception only in certain emergencies and for certain essential practices
of long standing. Even in case of the latter, there is requirement for close regulation based on
need.
In the light of the above, the Forest Service agrees to allow use of aircraft for planting fish in
high mountain lakes in the following Wilderness Areas and Primitive Areas:
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1561.2 - Exhibit 01--Continued
Wilderness Areas
Caribou
Hoover
John Muir
Marble Mountain
Minarets
Mokelumne
South Warner
Thousand Lakes
Middle Eel-Yolla Bolly
Primitive Areas
Desolation Valley
Emigrant Basin
High Sierra
Salmon-Trinity Alps
The Department agrees to enter into individual cooperative agreements with the Forest Service
covering each of the above-listed Wilderness and Primitive Areas. These agreements will
include a list of the lakes in each area that are planned for fish stocking by aircraft, together with
a schedule showing planting frequency, number of fish usually stocked, approximate date of
stocking and any additional information needed for specific agreements regarding type and
method of operation of aircraft. The agreements regarding type and method of operation of
aircraft. The agreements should be reviewed by both Agencies at least every five years or more
often, as needed.
13.
Manipulation of Fish Habitat and Fish Species Composition in Wilderness Waters
Projects to manipulate fish habitat and fish species composition in Wilderness waters will be
held to a minimum. Such projects will be limited to those approved by the Forest Service on a
case-by-case basis. Approved projects will be carried out under the direct supervision of the
Forest Service or other agency or bureau approved by the Chief of the Forest Service. Project
proposals will be submitted by the Regional Manager of the Department to the appropriate Forest
Supervisor sufficiently in advance of proposed activation date to allow time for study and review
by the Forest Service, and if necessary, for joint on-the-ground surveys during the field season.
Existing fishery flow-maintenance dams may be permitted to remain in place as long as
maintenance work can be done with non-mechanized equipment. Every effort will be made to
make existing flow-maintenance dams harmonize with the environment. No new flowmaintenance dams will be allowed.
Introduction within Wilderness boundaries of new fish species which were not native to the area
will not be permitted except where such introduction is necessary to foster survival of rare and
endangered species.
NOTE
Subsidiary Cooperative Agreements. Subsidiary agreements, executed to cover habitat
development projects, cooperative surveys, management of individual species, etc., should make
reference to this master Memorandum of Understanding. For additional information in regard to
memoranda of understanding and special use permits involving the State, see R-5 Supplement to
FSM 2718.3.
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1561.2 - Exhibit 01--Continued
MEMORANDUM OF UNDERSTANDING
APPENDIX
This agreement is an appendix to the Memorandum of Understanding between the Forest Service
and the Department of Fish and Game, State of California, dated March 1, 1972. It is written to
cover planting of fish with aircraft in the Hoover Wilderness Area. The lakes listed below have
been historically planted by aircraft, and this agreement authorizes the continued use of aircraft
for fish planting in accordance with the following schedule:
PROJECTED 5 YEAR AERIAL PLANNING SCHEDULE FOR HOOVER WILDERNESS
LAKE
ANNA
AVALANCHE
BARNEY
BERGONA
BLUE
COONEY
EAST
GREEN
MOAT
NUTTER
PEELER
RED
ROBINSON
Upper
Lower
SNOW
WEST
NO. OF
1977 1978 1979 1980 1981 TROUT
X
X
4,000
X
2,000
X
X
X
4,000
X
X
X
2,000
X
X
3,000
X
X
X
X
X
3,000
X
X
X
X
X
15,000
X
X
X
X
X
15,000
X
X
X
3,000
X
X
X
1,000
X
X
5,000
X
X
X
X
X
3,000
GT = Golden Trout
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
FREQUENCY
2 Yrs
oOCC
2 Yrs
2 Yrs
2 Yrs
Annually
Annually
Annually
2 Yrs
2 Yrs
2 Yrs
Annually
1,000
2,000
3,000
6,000
LAST
PLANTED SPECIES
1976
GT
1976
GT
1975
GT
1974
GT
1976
RT
1976
RT
1976
RT
1976
RT
1976
GT
1975
RT
1976
RT
1976
RT
Annually
Annually
2 Yrs
Annually
RT = Rainbow Trout
1976
1976
1976
1976
RT
RT
GT
RT
OCC = Occasional
Helicopter landings are not authorized. Flights are not to be make during holiday, weekend, and
other periods when heavy recreation visits occur.
CALIFORNIA DEPARTMENT OF FISH AND GAME
Date
6/10/77
/s/ E.L. Fullerton
Director
FOREST SERVICE
Date
5/25/77
/s/ Vern Hamre
Regional Forester
R4 SUPPLEMENT 1500-94-3
EFFECTIVE 6/2/94
1561.2-Part01
Page 16 of 54
1561.2 - Exhibit 02
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.
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Page 17 of 54
1561.2 - Exhibit 02--Continued
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
improvement 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 the 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.
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Page 18 of 54
1561.2 - Exhibit 02--Continued
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
that 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
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Page 19 of 54
1561.2 - Exhibit 02--Continued
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 administrative 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.
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Page 20 of 54
1561.2 - Exhibit 02--Continued
14. This agreement may be terminated by mutual consent or by either party upon 90 days'
written notice.
15. This agreement supersedes agreement dated March 4, 1976, and supplemented 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
April 7, 1983
/s/ Jerry M. Conley
Director
USDA, FOREST SERVICE, R-4
Date
April 14, 1983
/s/ Wm. McCrum for
Regional Forester
USDA, FOREST SERVICE, R-1
Date
February 18, 1983
/s/ Tom Coston
Regional Forester
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EFFECTIVE 6/2/94
1561.2-Part01
Page 21 of 54
1561.2 - Exhibit 02--Continued
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.
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Page 22 of 54
1561.2 - Exhibit 02--Continued
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
Director
IDAHO DEPARTMENT OF FISH AND GAME
Date
8/21/86
/s/ James C. Overbay
Regional Forester
USDA FOREST SERVICE, R-1
Date
8/29/86
/s/ T.A. Roederer for
Regional Forester
USDA FOREST SERVICE, R-4
Date
9/23/86
/s/ Allan O. Lamph
Regional Forester
USDA FOREST SERVICE, R-6
R4 SUPPLEMENT 1500-94-3
EFFECTIVE 6/2/94
1561.2-Part01
Page 23 of 54
1561.2 - Exhibit 02--Continued
AMENDMENT TO
MEMORANDUM OF UNDERSTANDING
IDAHO DEPARTMENT OF FISH AND GAME - FOREST SERVICE
REGIONS 1 AND 4 AND 6
U.S. DEPARTMENT OF AGRICULTURE
WHEREAS, SB1359, passed by the 48th Idaho Legislature Second Regular Session and signed
by the Governor of Idaho, provides that the Department can, effective July 1, 1986, enter into
cooperative agreements to enforce road closures for the protection of fish and wildlife resources
on National Forest and adjacent private lands, and
WHEREAS, the Department and Forest Service desire to implement a cooperative program to
enforce such road closures, and
WHEREAS, paragraph C.2. of the IDFG-USFS MOU dated April 14, 1983, does not specifically
provide for such a cooperative program.
NOW THEREFORE, in consideration of the above premises the parties hereto agree to amend
paragraph C.2. as follows:
2. That the Department and Forest Service will cooperatively enforce road closures on National
Forest lands pursuant to S36-104(b)(10), I.C. Both agencies will assist each other in the
enforcement of other 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.
IN WITNESS WHEREOF, the parties hereto have executed this amendment as of the last date
written below.
IDAHO DEPARTMENT OF FISH AND GAME
Date
6/19/86
/s/ Jerry M. Conley
Director
USDA, FOREST SERVICE, R-4
Date
6/24/86
/s/ Clair C. Beasley for
Regional Forester
USDA, FOREST SERVICE, R-1
Date
6/30/86
/s/ Barbara Holder for
Regional Forester
USDA, FOREST SERVICE, R-6
Date
7/23/86
/s/ James C. Space for
Regional Forester
R4 SUPPLEMENT 1500-94-3
EFFECTIVE 6/2/94
1561.2-Part01
Page 24 of 54
FSM 1500 - EXTERNAL RELATIONS
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EFFECTIVE 6/2/94
CHAPTER 1560 - STATE, COUNTY, AND LOCAL AGENCIES;
PUBLIC AND PRIVATE ORGANIZATIONS
1561.2 - Exhibit 03
MEMORANDUM OF UNDERSTANDING
Intermountain Region
USDA Forest Service
and the
Nevada Department of Wildlife
State of Nevada
This Memorandum of Understanding is entered into by and between the Nevada Department of
Wildlife, through the Director, hereinafter called the Department, and the United States
Department of Agriculture, Forest Service, through the Regional Forester, Intermountain Region,
hereinafter called the Forest Service, and
WHEREAS, the Department has been created under the laws of the State of Nevada to provide
an adequate and flexible program of preservation, protection, management, and restoration of all
fish and wildlife and their habitats and to carry out the provisions of Title 45 and the Nevada
Boat Act, 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 Forest Service and the Department to work in harmony
for the common purpose of developing, maintaining, and managing all of the fish and wildlife
resources for the best interests of the people of Nevada and of the United States, and
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.
To jointly promote better public understanding of wildlife and fisheries management.
3. To enrich the understanding of the ecological systems and the natural resources
important to the State and the Nation.
R4 SUPPLEMENT 1500-94-3
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Page 25 of 54
1561.2 - Exhibit 03--Continued
NOW THEREFORE:
A.
The Forest Service agrees:
1. To recognize the Department as the agency responsible for the preservation and
management of the wildlife resources in Nevada and for determining the regulations under
which fish and wildlife will be managed, utilized, and protected.
2. To practice those forms of land, water, and resource management that will benefit fish
and wildlife as fully as practicable in coordination with the requirements of other essential
or compatible uses of land and activities on the land and resources and ecological systems.
3. To enter into agreements or issue special use permits for structural improvements of
benefit to fish and wildlife habitat or other purposes in connection with fish and wildlife
management to the extent such structures or activities conform to Forest Service
requirements and will not conflict with Forest Service policy or programs.
4. To advise and consult with the Department on Forest Service projects, programs, and
policies which will have the potential to impact fish and wildlife resources.
5. Provide the Department with copies of Forest Management Plans; news releases;
wildlife and fisheries habitat management plans of Regional, Forest, District, or area levels;
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 which
relate to the management of Forest resources other than wildlife and fish which could affect
wildlife habitats.
B.
The Department agrees:
1. To recognize the Forest Service as the agency responsible for the management of
National Forest System lands.
2. To keep the Forest Service currently advised on existing and proposed fish and
wildlife management projects, policies, and State fish, wildlife, and watercraft laws and
regulations at the furnish copies of same for reference and distribution.
3. To provide the Forest Service with reports and copies of correspondence directly
related to this agreement.
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Page 26 of 54
1561.2 - Exhibit 03--Continued
4. To conduct wildlife practices compatible with Forest Service multiple use principles
and environmental policies on lands under Forest Service administration, including
consideration for the protection of plantations, nurseries, and similar areas, and the
prevention of wildfire.
5. To keep the Forest Service currently advised on existing and proposed trapping
projects provided that this shall not pertain to the trapping of furbearers or the management
of fish. (See special interagency guidelines for predator and rodent control.)
6. To make or sanction no introduction of wildlife which will have an impact on Forest
Service administered lands until a joint field investigation has been made and an
understanding reached as to probable effect upon wildlife habitat and other resources.
Regional Forester approval will be secured before transplanting nonindigenous, Federally
classified endangered or threatened or exotic1/ wildlife species.
1/ Exotics are defined as those species that do not or have not existed within the continental
United States within recorded historical times.
7
To notify the Forest Service of any plans to augment existing transplants.
Notification must be received at least 6 months prior to release date.
C.
It is mutually agreed:
1. That the operational agreements and procedures outlined in the attached appendix are
an integral part of this Memorandum and have the full force and effect of this
Memorandum. They may be amended or supplemented as provided herein.
2. To hold a joint meeting annually to discuss broad policy and programs of mutual
interest, including amendments and supplements to this Memorandum. Other meetings
may be scheduled annually or called as needed to discuss program matters of mutual
concern or interest.
3. To jointly identify special management programs and procedures as supplements to
this Memorandum.
4. To jointly study specific problems on National Forest System lands involving fish and
wildlife and their habitats and the related management and use of National Forest resources.
Both parties will take the fullest practicable action within their respective authorities to
resolve such problems.
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Page 27 of 54
1561.2 - Exhibit 03--Continued
5.
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 game warden or Forest officer. Such enforcement activities will be incidental to
the regular work activities of the respective agencies and in conformance to mutually
developed instructions. Training in the enforcement of pertinent laws and regulations of
each agency may be provided by the Department or Forest Service, as needed.
6.
To consider together and coordinate all proposals for the establishment and
maintenance of special management areas on lands within the exterior boundaries of the
National Forests. Whenever an area is set aside specifically for a program of intensive
wildlife management, an individual agreement will be entered into which outlines the
specific management and administrative responsibilities of each agency.
7.
To the fullest extent feasible, jointly participate in the collection and analysis of field
data essential to fish and wildlife management on National Forest System lands.
8.
To cooperate in the protection, restoration, enhancement, stocking, and management
of fish and wildlife resources and habitats in the State of Nevada in harmony with the
multiple use management and environmental policy objectives of the Forest Service
including the prompt interchange of information in all matters of mutual concern.
9.
To promote a united approach to the solution of problems and application of
programs relating to wildlife and fisheries management, all questions which arise in the field
pertaining to the programs of the two agencies will be discussed on the ground by the local
representative of the Department and the Forest Service, and questions or disagreement will
be referred respectively to the appropriate Regional Supervisor of the Department and to the
Forest Supervisor concernedIf disagreement still exists, the question will be referred
respectively to the Director of the Department and to the Regional Forester for resolution.
10. That nothing herein shall be construed in any way as limiting the authority of the
Department in carrying out its legally recognized responsibilities for wildlife management.
11. That nothing herein contained shall be construed as limiting or affecting in any way
the authority of the Regional Forester in connection with the proper administration and
protection of National Forest System lands.
12. That nothing in this Memorandum shall be construed as obligating either party for
expenditures in excess of the appropriation authorized by law and available for such
payment.
13. That amendments to this Memorandum may be proposed by either party and shall
become effective upon approval by both parties.
R4 SUPPLEMENT 1500-94-3
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Page 28 of 54
1561.2 - Exhibit 03--Continued
14. That this Memorandum shall become effective upon execution and shall continue in
force unless terminated by either party upon thirty (30) days notice in writing to the other of
his intention to terminate upon a date indicated.
15. 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.
16. That each and every provision of the Memorandum is subject to the laws of the State
of Nevada, the laws of the United States, and the regulations of the Secretary of
Agriculture.
17. To accomplish all cooperative work under the provisions of this Memorandum or
supplemental memorandums of understanding or cooperative agreements without
discrimination against any employee or applicant for employment because of sex, race,
creed, color, age, or national origin.
18. That this Memorandum supersedes the previous Memorandum of like nature, but it
does not invalidate supplemental agreements now in force or which may hereafter be
entered into between the Forest Service and the Department covering special projects or
activities of mutual concern.
19. To issue through the Director and Regional Forester, to their respective personnel, all
necessary instructions covering the application of the provisions of this Memorandum.
20. This Memorandum supersedes the agreement between the Department of Fish and
Game, State of Nevada, and the Forest Service, Department of Agriculture, dated January
6, 1973, and shall be effective beginning on the last date signed below.
NEVADA DEPARTMENT OF WILDLIFE
Date
2/6/84
/s/ William A. Molini
Director, WILLAIM A. MOLINI
INTERMOUNTAIN REGION - USDA FOREST SERVICE
Date
1/24/84
/s/ T.A. Roederer for
Regional Forester, J.S. TIXIER
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Page 29 of 54
1561.2 - Exhibit 03--Continued
APPENDIX
A.
Service and Supplies
1. The Forest Service will permit the official use by Department personnel of such
Forest Service housing and facilities as would normally be used in back-country fish and
wildlife work to the extent practicable when they are not occupied or otherwise used in
connection with Forest Service business.
2. The Department will make available to the Forest Service such facilities, equipment,
and personnel for the prevention and suppression of forest fires on or near National Forest
System lands, insofar as is compatible with their normal use or duties and as mutually
agreed upon by the Regional Supervisors and Forest Supervisor.
3.
Forest Service keys should be issued on an "as needed" basis only.
4. Department employees shall inform the District Ranger of their intention to use Forest
Service installations.
B.
Stream Modifications
1. Habitat modifications for streams by either agency will be based on plans jointly
developed by the Forest Service and the Department. Examples of such modifications
include removal of fish migration barriers, installation of gabions, or similar devices
designed to improve stream habitat.
2. District Rangers will provide adequate advance notice to allow local Department
personnel an opportunity to review and comment (see section on Interagency Meetings) on
the date, locations, and type of work planned for water diversion for flood control, channel
relocation, channel clearance, levees, and bar removal; materials encroachment from
construction activities; removal of streambank vegetation and other natural stream cover
features; or other activities such as impact of grazing that may significantly affect stream
hydrology or ecology.
3. Where the planned work is to be done through cooperative deposits, each project will
be covered by a specific agreement showing the character of participation by each party,
how deposited funds will be spent and accounted for, and specific dates for billings.
C.
Habitat Modification
To ensure adequate consideration of the fish and wildlife resources located within areas of
proposed range revegetation or plant control, whether by chemical, burning, or mechanical
means, the following procedures will be followed:
1561.2 - Exhibit 03--Continued
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Page 30 of 54
1561.2 - Exhibit 03--Continued
1. Forest Supervisors will submit requests for comments on proposed range revegetation
or plant control projects from the Regional Supervisor by not later than February 1 of the
year preceding the proposed treatment. These requests will include a map showing specific
location by legal description and extent of the proposed project and a brief description of
the project and its purpose.
2. The Department and the Forest Service will designate appropriate personnel to make
joint field inspections and compile evaluation reports concerning the probable effects of
proposed projects on fish and wildlife habitat and populations.
3. By not later than October 1 of the year preceding proposed treatment, the Regional
Supervisors will furnish the Forest Supervisor concerned, written comments containing his
Department's reaction to each project. Such comments will be considered in the subsequent
planning for each project.
4. The Department and Forest Service personnel will make joint examinations of
selected project areas after treatment to determine the results. The examination interval and
procedures will be specified in the monitoring chapter of the Land Management Plan.
D.
Interagency Meetings
1. Interagency meetings will be held each year at a time and place to be mutually
determined. The responsibility for the arrangements of these meetings will be rotated
annually between the Director of the Department and Forest Supervisors. The meetings
will be held for the purpose of exchanging information on broad policies and programs,
technical information of broad significance, and any needed correlation of long term
objectives of the program of the Federal land management agencies and the Department. It
is desirable that these meetings include on-the-ground reviews of projects and programs.
2. Agendas for the meetings will be planned by personnel of the Department and the
Forest Service.
E.
Local Meetings
Local meetings will be held at least annually between the Department and Ranger District
personnel. These will be attended primarily by field personnel for discussion of local
problems and developments.
1. Annual local winter or spring meetings will be held at mutually agreed upon times
and locations. These will be attended by Department, Forest Service, and other cooperating
personnel mainly at the field level. Discussion at these meetings may include:
R4 SUPPLEMENT 1500-94-3
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Page 31 of 54
1561.2 - Exhibit 03--Continued
a.
b.
c.
d.
e.
Current range information and recommendations for game harvest.
Local cooperative habitat improvement programs.
Local cooperative information and education approaches.
Local Department activities including:
(1) Game populations and harvest.
(2) Fishery management.
(3) Law enforcement.
Local Forest Service activities including:
(1) Timber harvest.
(2) Recreation planning and development.
(3) Watershed management.
(4) Forest and range pest control.
(5) Roads and trails.
(6) Fish and wildlife habitat improvement.
(7) Livestock range programs.
(8) Land exchanges and rights-of-way.
(9) Environmental assessments and land management planning.
(10) Minerals management activities.
(11) Riparian management.
(12) Special uses.
2. At the winter or spring meeting, the Department will be provided a list of range and
wildlife projects proposed for the following three (3) fiscal years.
F.
Fish and Wildlife Stockings
1. With the exception of annual fish stocking programs, proposals to make
introductions of native or exotic species of fish and wildlife on National Forest System
lands will be made in writing to the concerned Forest Supervisor. Applications will be
made far enough in advance (preferably 6 months to 1 year) so the Forest Service will have
sufficient lead time to properly evaluate the impact on other uses and resources and
complete an Environmental Assessment.
2. Proposed introduction sites will be jointly examined by Forest Service and
Department representatives during the field season following receipt of the application.
3. For mutually agreed upon introductions, the Forest Service and Department personnel
will jointly prepare a brief plan of management. Such a plan will provide for management
of habitat and will maintain satisfactory forage, soil, and other resource conditions. The
plan will be submitted to the Regional Forester and the Director for approval.
4. For fish and wildlife introduction proposals considered undesirable by the Forest
Service, the Forest Supervisor will recommend disapproval to the Regional Forester who
will advise the Director in writing, giving the reasons for disapproval.
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5. The transplanting or introducing of nonindigenous, federally classified endangered or
threatened or exotic species in the area must be approved by the Regional Forester. Each
approved transplant will be covered by a separate agreement.
6. Forest Supervisors will be advised well in advance by the Department of the specific
site and date of approved introductions including the number, sex, conditions, and other
pertinent information.
7. The Department will be responsible for securing advance concurrence of land
management agencies and for notifying land owners in areas affected by recommended
transplants. It will also be responsible for the marking of wildlife transplanted to approved
sites and for furnishing reasonable assurance that they are free of infectious disease.
G.
News Releases and Other Publicity
1. News or other publicity released by either agency which concerns cooperative
activities will briefly mention the cooperative nature of the subject material.
2. Releases affecting major policies or programs involving both agencies will be offered
for joint review by the agency preparing the release. Where time is short, review approval
(or disapproval) may be made by telephone or teletype and verified by memorandum by the
reviewing agency.
H.
Signing
1. Cooperative sign plans, as needed, will be jointly developed by the Department and
the Forest Service.
2. Wording of signs in cooperative plans will be jointly developed or approved by the
Department and the Forest Service.
3. Signs will be erected and maintained as prescribed by Forest Supervisors in keeping
with standard instructions contained in the Forest Service Sign Handbook. Signs to be
constructed along State and Federal highways shall be located and constructed in
accordance with existing agreements between Nevada Department of Transportation and
the Forest Service.
4. When available, Forest Supervisors will furnish space on bulletin boards for
information on State wildlife laws and regulations on National Forest System lands.
5. The Department will not place signs on trees or structures not designated for the
signs, or on regular Forest Service directional signs.
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1561.2 - Exhibit 03--Continued
6. Cooperatively erect an 18" x 15" board at key entrances to the Forest Service for
information on State wildlife laws and regulations.
I.
Packers, Outfitters, and Guides
1.
Plans and policies for administering packer, outfitter, and guide permits on or related
to lands administered by the Forest Service will be jointly considered.
2.
The Department will determine the qualifications of applicants for packing,
outfitting, and guiding privileges within the State of Nevada. It is also authorized to license
these activities. Therefore, the Forest Service will require a valid license issued according
to State wildlife laws and regulations before approving permits to guides and outfitters for
their operations on lands under Forest Service administration.
3.
Requirements relating to packing, outfitting, and guiding on lands under Forest
Service administration will be those listed in the Forest Service Manual and State laws.
4.
The Department will provide to the Forest Service copies of guide licenses issued for
National Forest System lands.
5.
The Forest Service will provide copies of outfitters-guide permits to the Department
as far as legally permitted under provisions of Freedom of Information Act-Privacy Acts.
J.
Endangered and Threatened Species
It is the objective of the Forest Service and the Department to provide special
considerations for the environmental needs of endangered and threatened species of
wildlife and fish. Jointly, these species and their critical habitat needs shall be inventoried
and a unified approach made towards their preservation, protection, and reintroduction in
accordance with the Endangered Species Act of 1973, as amended.
K.
Road Planning
1. The Forest Service will invite the Director to participate in preliminary, plans-inhand, and final inspections on proposed Forest highway projects.
2. Forest Supervisors will invite local Regional Supervisors to review their road
construction plans and make suggestions concerning the fisheries and wildlife habitat
resources. This review should be made annually during the time of above-mentioned local
meetings.
3. Telephone invitations confirmed by a memorandum to the record will be made where
inspections are required on short notice.
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1561.2 - Exhibit 03--Continued
4. Written suggestions by participating Department personnel will be made a part of
preliminary or plans-in-hand inspection reports.
L.
Cooperative Fish and Wildlife Analysis and Studies
On the National Forests, the Forest Service is primarily responsible for management and
maintenance of the wildlife habitat, the soils, water, and vegetation; the State is primarily
responsible for the management and protection of wildlife. Wild animals, birds, and fish
do not recognize National Forest System or other land ownership boundaries. If we are to
provide a balanced fish and wildlife management program, mutual cooperation of the
Federal land management agencies and the State is essential. The limited manpower and
resources of all the agencies that are available for gathering data about fish and wildlife
habitat conditions can be more economically, effectively, and efficiently utilized through
the use of mutually acceptable fish and wildlife management techniques.
M.
Cooperative Big Game Range Analysis and Studies
Big game range analysis is a composite of range and big game surveys to determine range
condition, game occurrence, and population trends as a basis for management. It provides a
basis for properly recognizing the requirements of big game animals on National Forest
System lands and for balancing of big game populations with their habitats.
1. The Regional Supervisor and the Forest Supervisor will, on a unit-by-unit basis,
jointly determine what type of recurrent game range studies are needed, where they should
be located, and who will be responsible for their installation and measurement. The
analysis procedure emphasizes recognition and periodic inspection of key areas as the basis
for management of big game herds.
2.
As a minimum, the joint big game range analysis shall consist of:
a.
Designation of herd unit or management area boundaries on suitable maps.
b.
Delineation of seasonal use ranges wherever practicable.
c.
Determination of key areas for game (such as winter concentration area), the
condition of which may govern game capacity.
d.
Establishment of inspection sites on key areas for big game range to include the
following to the extent applicable:
(1) Classification of condition and trend.
(2) Installation of permanent transects.
(3) Utilization studies of browse and other key forage plants.
(4) Pellet group and track counts.
(5) Fenced enclosures.
(6) Other observations and techniques as developed cooperativvely.
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1561.2 - Exhibit 03--Continued
e.
Compliation and maintenance of survey and analysis data in a form readily
usable for current and long-range management planning.
3. To realize maximum value from current data, results of annual big game population
and range studies will be exchanged annually immediately upon completion.
4. The Department and Forest Service will jointly conduct periodic training sessions as
needed in big game range analysis and big game population analysis procedures and
techniques. This will assure a uniform approach, interpretation, and acceptance of methods
and principles.
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1561.2 - Exhibit 04
MEMORANDUM OF UNDERSTANDING
Between the
UTAH DIVISION OF WILDLIFE RESOURCES
and
U.S. FOREST SERVICE
U.S. DEPARTMENT OF AGRICULTURE
PREAMBLE
This Memorandum of Understanding is made between the Utah Division of Wildlife Resources,
hereinafter called the Division, and the United States Forest Service, through the Regional
Forester, Region 4, hereinafter called the Forest Service.
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, the Division is authorized by Acts of the Utah Legislature and regulations issued by
the Wildlife Board and Board of Big Game Control to manage the fish and wildlife resources of
the State, and
WHEREAS, it is the mutual desire of the Division and the Forest Service (1) to work in harmony
for the common purpose of developing, maintaining and managing wildlife resources under a
program of multiple use management for the best interests of the people of Utah and of the
United States; (2) to cooperate in the conservation, restoration and management of National
Forest wildlife and fisheries resources in harmony with multiple use management concepts and
the National Environmental Policy Act, P.L. 91-190; (3) to jointly promote improved public
understanding of wildlife and fisheries management; and (4) to enrich public understanding of
the ecological systems and the natural resources important to the State and the Nation.
THE COOPERATION ETHIC
NOW, THEREFORE, it is the understanding of both agencies that:
1. The basic intent of this document is to strengthen the cooperative approach to the
management of fish and wildlife and fish and wildlife habitat on the National Forests at all
levels of the respective agencies.
2. Cooperation cannot be forced by this or any other document. It can only come from
people who desire cooperation and their recognition of the need to cooperate.
3. The Forest Service-Division relationship will be as two cooperators attempting to
achieve common goals. Thus, rather than utilizing the special use permit system to
accomplish Division projects on National Forest lands, a brief cooperative agreement will
be used as an addendum to this Master Memorandum of Understanding as per Section
C.21.
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1561.2 - Exhibit 03--Continued
4. A basic need of both agencies is to be kept informed on matters of mutual interest.
This means the Division should be informed in a timely manner and their recommendations
solicited on matters of National Forest management that may affect fish and wildlife
resources and their management; and the Forest Service should be informed in a timely
manner and their recommendations solicited on fish and wildlife programs of the Division
that may affect the National Forests.
THE AGREEMENT
NOW, THEREFORE,
A.
The Forest Service agrees to:
1. Recognize the Division as the agency responsible for management of fish and wildlife
on National Forest lands in conformity with the policies of the Board of Big Game Control
and the Wildlife Board.
2. Consult the Division, through concerned Forest Supervisors, at least one year in
advance of Forest Service plans to apply herbicidal sprays or otherwise materially alter
vegetation artificially and/or influence aquatic or terrestrial flora or fauna.
3. Consult the Division on matters dealing with the improvement of wildlife and
fisheries habitat on National Forest land and on applications for permits to impound or
divert water.
4. Consult the Division, through concerned Forest Supervisors, about plans of the Forest
Service, or other agencies or individuals, to apply insecticides to National Forest lands and
solicit the Division's advice on management techniques needed to minimize damage to
terrestrial and aquatic flora and fauna.
5. Consult the Division, through concerned Forest Supervisors, about plans to construct
roads that may affect or influence fish and wildlife.
6. Inform the Division, through concerned Forest Supervisors, of special habitat studies
involving wildlife.
7. Enter into cooperative agreements for the erection and maintenance of structures
needed to facilitate wildlife and fisheries management activities of the Division within the
National Forests, provided such structures conform in character and location with the usual
requirements of the Forest Service and their intended use is not in conflict with Forest
Service policy.
8. Practice those forms of land and resource management that will benefit wildlife and
fisheries as fully as practicable and give emphasis to establishing management units for
critical wildlife habitat management, in coordination with the requirements of other uses
and values.
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1561.2 - Exhibit 03--Continued
9. Make available to representative(s) of the Division such National Forest
improvements and facilities as would normally be used in wildlife and fisheries work,
provided that they are not being currently utilized by the Forest Service.
10. Provide the Division with reports, findings and other written material relating to fish
and wildlife habitat conditions on National Forest lands and copies of all vital
correspondence directly relate to this Memorandum.
11. Assist the Division in the enforcement of Utah wildlife laws by reporting violations,
or suspected violations, to a local Division representative.
B.
The Division agrees to:
1. Recognize the Forest Service as the agency primarily responsible for determining the
management of National Forest lands.
2. Provide the Forest Service with reports and copies of vital correspondence relating to
this Memorandum.
3. Make or sanction no introduction of terrestrial wildlife which may affect National
Forest land until approved by the Forest Service and provide record of fish planting when
specifically requested by the Forest Service.
4. Make no use of poisons for the control of predatory animals or other terrestrial
wildlife on lands administered by the Forest Service without approval of the Regional
Forester and to consult with him in use of chemicals in waters within the National Forest.
5. Erect no signs, posters, or structures and perform no construction or other acts not
herein provided for on National Forest lands without first securing the concurrence of the
concerned Forest Supervisor.
6. Notify the Forest Service promptly of changes in the State Wildlife Resources laws or
regulations.
7
Make available to the Forest Service such facilities, equipment and personnel as can
be assigned for the prevention and suppression of forest fires on or near the National
Forests insofar as is compatible with normal obligations.
8.
Encourage participation by Division personnel on National Forest land use plans.
9. Assist the Forest Service in enforcement of federal laws by reporting violations, or
suspected violations, to a local Forest Service representative.
C.
The Division and Forest Service mutually agree:
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1. To cooperate in the restoration and management of wildlife and wildlife habitat on
National Forest lands in the State of Utah. Such cooperative efforts shall be consistent with
agency responsibilities as outlined in this Memorandum; namely, the Division is
responsible for wildlife and the Forest Service is responsible for the habitat. This will be in
harmony with the multiple use management direction as described in land use plans of the
Forest Service.
2. To promote a united approach to the problems relating to wildlife and fisheries
management.
3. To cooperate in the formulation and application of practical plans and programs to
guide the management of wildlife and fisheries habitat upon National Forest lands.
4. To have appropriate personnel at various administrative levels meet as often as
deemed advisable to discuss matters relating to the management of wildlife resources in or
affecting the National Forest, including law enforcement problems, education programs,
cooperative studies and such other matters as may be relevant to the wildlife and fisheries
resources or their habitats.
5. To jointly review plans at the local, regional and forest level for new transplant
programs involving big game and other avian and terrestrial wildlife which will occupy
habitat on the National Forest.
Big game introductions will be approved through a brief cooperative agreement as per
C.21. of this Memorandum of Understanding.
6. That members of both agencies will refrain insofar as possible from expressing in
public a view contrary to the accepted policy, plans and programs of the other agency.
7. To encourage close cooperation between Division and Forest Service personnel,
including the prompt and complete interchange of information in all matters of mutual
concern.
8. That whenever a specific area of the National Forest is set aside for a program of
intensive cooperative wildlife and fish habitat management, which in part or whole will be
financed by deposits in a cooperative work fund, separate and individual agreements will be
entered into by the parties hereto covering habitat management of each such program area.
9. That all questions which arise in the field, pertaining to the cooperative work of the
two agencies, will be discussed by the local representatives of the Division and the Forest
Service, and questions of disagreement will be referred respectively in writing to the
Director of the Utah Division of Wildlife Resources and to the Regional Forester for
decision.
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1561.2 - Exhibit 03--Continued
10. To work, particularly at the field level, on the cooperative collection of range, browse
utilization and pellet group trend information on big game units in accordance with
guidelines from the State Interagency Committee of the Board of Big Game Control.
11. To cooperate in assessing all impacts on National Forest resources that may result
from water development projects of each agency and financed or licensed by a federal
agency, which project(s) may require or allow for a report under authority of the Fish and
Wildlife Coordination Act or Upper Colorado River Storage Act. This provision in no way
modifies nor should it influence the requirements of, or cooperative relationship between,
the Division and the U.S. Fish and Wildlife Service outlined under the provisions of the
Fish and Wildlife Coordination Act.
12. That whenever a desirable project mutually agreeable to each party will qualify under
Section 5 of Public Law 478, Granger-Thye Act of April 24, 1950, or Act of June 30, 1914,
or subsequent Acts, which in part or whole is to be financed by deposits in a cooperative
work fund, a separate agreement will be entered into by both parties thereto for each such
project.
13. That nothing in this Agreement shall be construed as obligating the Forest Service or
the United States Government, the Division or the State of Utah, in the expenditure of
funds or for the future payment of money in excess of appropriations authorized by law.
14. That nothing herein contained shall be construed as limiting or affecting in any way
the authority of the Regional Forester in connection with the proper administration and
protection of National Forest lands in accordance with the purpose for which the lands
contained therein were acquired and reserved.
1561.2 - Exhibit 04--Continued
15. That nothing herein contained shall be construed as limiting or affecting in any way
the authority of the Director of the Division in connection with proper administration and
management of all game and fish on the National Forests in accordance with laws of the
State of Utah.
16. This Memorandum of Understanding cancels the previous Memorandum but does not
invalidate supplemental cooperative agreements now in force between the Forest Service
and the Division covering special projects or activities of mutual concern.
17. That this Memorandum shall become effective on the last date signed below and shall
continue in force until terminated by either party upon thirty (30) days notice in writing to
the other of his intention to terminate upon a date indicated.
18. That no member of, or delegate to, Congress, or resident commissioner, shall be
admitted to any share or part of this Agreement, or to any benefit that may arise therefrom;
but this provision shall not be construed to extend to this Agreement if made for a
corporation for its general benefit.
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1561.2 - Exhibit 03--Continued
19. To comply with applicable State (Regulation III, Section 1, 1965) and Federal AntiDiscrimination Laws.
20. That amendments to this Memorandum of Understanding may be proposed by either
party and shall become effective upon approval by both parties.
21. That concise cooperative agreements will be written to cover proposed wildlife and
wildlife habitat projects on National Forest lands; such agreements will refer to this overall
Memorandum of Understanding which shall be the primary document.
STATE OF UTAH, DIVISION OF WILDLIFE RESOURCES
Date
December 15, 1978
/s/ Douglas Day
Director
UNITED STATES FOREST SERVICE REGION 4
Date
December 21, 1978
/s/ Vern Hamre
Regional Forester
APPROVAL OF DEPARTMENT OF NATURAL RESOURCES
/s/ Gordon E. Harmston
APPROVAL OF DEPARTMENT OF FINANCE
/s/ D.D. Williams
APPROVED AS TO FORM
ROBERT B. HANSEN
Attorney General
/s/ R.L. Dewsnup
Richard L. Dewsnup
Asst. Attorney General
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1561.2 - Exhibit 04--Continued
Utah - A "Cooperative Agreement" is in effect with Utah, as follows:
(COPY)
COOPERATIVE AGREEMENT
Salt Lake City, Utah
June 1, 1944
It is agreed by and between Director Ross Leonard of the State Game Commission; Regional
Grazier Charles F. Moore of the U.S. Grazing Service, Department of Interior; and Regional
Forester W.B. Rice of the U.S. Forest Service, Department of Agriculture, as follows:
1. That each of the above agencies will designate from his organization one man for
membership in an interagency Big Game Committee.
2. That it shall be the duty of this Committee:
a. To make a study of the game situation on all of the big game ranges in the State of
Utah giving priority to those where it is apparent that problems exist at the present
time. In making this study all available field data in the possession of each of the
above agencies shall be made available to the Committee, and additional data will be
obtained if needed.
b. It will be the duty of the Committee to prepare big game management plans for
each unit area based upon the data furnished by their field men and their own personal
investigations. These management plans shall set forth the best judgment of the
Committee as to methods of management, including increasing of game numbers
where deficient, and removals necessary to prevent over-populations.
c. Upon the completion of a management plan for each unit, it shall be submitted to
the Game Director, the Regional Grazier, and the Regional Forester for their study,
comments, and approval.
3. Upon formal approval of these plans by the respective agencies, it is agreed that each
agency will:
a. Actively support the plan before all interested groups and take all reasonable steps
to secure their approval and support.
b. Recognize the jointly approved plan as the basis for recommendations for action
by the State Board of Big Game Control.
c.
Nothing in this agreement shall be interpreted as binding the Game Director, the Regional
Grazier, or the Regional Forester to approve plans submitted by the Big Game Committee, and
this agreement may be terminated by any one of the parties thereto upon written notice to the
other two.
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1561.2 - Exhibit 04--Continued
UTAH STATE FISH AND GAME COMMISSION
/s/ Ross Leonard
Director
U.S. GRAZING SERVICE
/s/ Charles F. Moore
Regional Grazier
U.S. FOREST SERVICE
/s/ Orange A. Olsen
Acting Regional Forester
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FSM 1500 - EXTERNAL RELATIONS
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CHAPTER 1560 - STATE, COUNTY, AND LOCAL AGENCIES;
PUBLIC AND PRIVATE ORGANIZATIONS
1561.2 - Exhibit 05
MASTER MEMORANDUM OF UNDERSTANDING
Game and Fish Commission
State of Wyoming
Forest Service
U.S. Department of Agriculture
1.
This Memorandum of Understanding has been made by and between the Wyoming Game
and Fish Commission, through the Game and Fish Department Director, hereinafter referred to as
the Commission, and the Forest Service, U.S. Department of Agriculture, through the Regional
Foresters at Denver, Colorado (Region 2), and Ogden, Utah (Region 4), hereinafter referred to as
the Forest Service.
2.
The Commission has been created under the laws of the State of Wyoming to provide an
adequate and flexible system of harvest, control, propagation, management, protection, and
regulation of all fish and wildlife in Wyoming, through the actions of the Wyoming Game and
Fish Department.
3.
The Forest Service, under the laws of the United States and the Regulations of the Secretary
of Agriculture, is responsible for maintaining within the National Forests and National
Grasslands good habitat conditions for fish and wildlife and for securing proper use of such
habitat compatible with other recognized uses of lands under its administration.
4.
Substantial fish and wildlife populations exist within the National Forests and National
Grasslands of Wyoming, and it is the mutual desire of the Commission and the Forest Service to
work in harmony for the common purpose of maintaining, developing, and managing all of the
fish and wildlife resources thereon for the best interest of the people of Wyoming and of the
United States, and to jointly promote better public understanding in these matters.
NOW THEREFORE, this Memorandum of Understanding witnesses that:
5.
The Forest Service agrees:
a.
To recognize the Commission as the agency responsible for establishing the
regulations under which populations of fish and wildlife will be managed (see Appendix
items A-1-a and A-1-b).
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1561.2 - Exhibit 05--Continued
b. To advise and consult with the Commission on Forest Service projects, programs, and
policies which will have an impact on fish and wildlife resources (see Appendix items A-1b and A-2-b).
c.
To enter into cooperative agreements or issue special use permits for structural
improvements of benefit to fish and wildlife habitat or other purposes in connection with
fish and wildlife management, to the extent such structures or activities conform to Forest
Service requirements and will not conflict with Forest Service policy or programs.
d. To advise and consult with the Commission, concerning plans to apply herbicides,
insecticides, and pesticides which may alter fish and wildlife habitat conditions or
detrimentally affect fish and/or wildlife populations (see Appendix items A-1-b and A-2-b).
e.
To advise and consult with the Commission on resource management activities and
land exchanges which may affect fish and wildlife habitat on National Forests and
Grasslands (see Appendix items B & F).
f.
To inform the Commission when National Forest grazing advisory boards are formed
or changed and encourage the Commission to appoint wildlife representatives to such
boards as authorized. Such representatives shall serve at the pleasure of the Commission.
g.
To consult with Commission personnel or use their available expertise in the
preparation of Environmental Analysis Reports or draft Environmental Impact Statements.
Copies of such reports will be made available to the Commission upon request.
6.
The Commission agrees:
a.
To recognize the Forest Service as the agency responsible for the occupancy, use, and
management of the National Forests and National Grasslands, and the fish and wildlife
habitat present or potentially available thereon.
b. To make available to the Forest Service such facilities, equipment, and assistance as can
be utilized in wildlife work consistent with other Commission requirements.
c.
To keep the Forest Service currently advised on existing and proposed fish and
wildlife management projects, policies and State fish, fur and game laws and regulations,
and to furnish copies of same for reference and distribution.
d. To make or sanction no transplants or introductions of wildlife which will have
impacts on Forest Service administered lands until a joint field investigation has been made
and an understanding reached as to the probable effect upon wildlife habitat and other
resources.
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1561.2 - Exhibit 05--Continued
e.
To consult with the Forest Service in regard to the regulation of wildlife populations
and harvests so Forest and Grasslands wildlife habitat will be maintained at an optimum
state of productivity consistent with other necessary uses of that land.
f.
To coordinate with and provide information to the Forest Service concerning current
plans for stocking fish, controlling aquatic weeds and removing rough fish within the
National Forests or National Grasslands.
g.
To erect no signs, posters, or structures and perform no construction or other acts not
herein provided for on National Forest lands without first securing the concurrence of the
concerned Forest Supervisor.
h. To discuss with the Forest Service, prior to transfer of title, the future grazing
management of range allotments previously grazed in connection with base property the
Commission intends to purchase.
i.
To set no steel or snare traps nor make use of any chemicals for the control of any
wildlife on lands under Forest Service administration, without the concurrence of the Forest
Supervisor concerned; provided that this shall not pertain to the general trapping of small
numbers of wildlife for research or management purposes, the trapping of furbearers or the
management of fish (see special interagency agreement for predator and rodent control).
j.
To conduct wildlife and fisheries practices compatible with Forest Service multiple
use principles on lands under Forest Service administration.
k. To cooperate in the control of damage done by wildlife on lands under Forest Service
administration, including consideration for the protection of plantations, nurseries and
similar areas.
l.
To exercise their primary responsibility for the enforcement of game and fish laws
and Commission regulations on all Forest Service administered lands and waters in
Wyoming.
7.
The Commission and the Forest Service Mutually agree:
a.
That the procedures outlined in the appendix to this Memorandum of Understanding
are an integral part of it and have its full force and effect. They may be amended or
supplemented as provided herein.
b. To cooperate in the formulation, revision, applications and maintenance of adequate
and practical plans and programs to manage and improve fish and wildlife habitat upon
lands administered by the Forest Service.
c.
To hold at least two joint meetings annually at local and Regional levels to discuss
broad policy and programs of mutual interest. Schedule other meetings as desired to
discuss matters of mutual concern (see Appendix item A).
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d. To jointly study specific problems involving fish and wildlife and their habitat on
lands administered by the Forest Service. Both parties will take the fullest practicable
action within their respective authorities to resolve such problems.
e.
To assist each other in the enforcement of applicable laws and regulations by
reporting suspected violations to the responsible field personnel of the concerned agency.
Such enforcement activities will be incidental to the regular work activities of the
respective agencies.
f.
To jointly consider and coordinate all proposals for the establishment and
maintenance of special management areas on lands within the exterior boundaries of the
National Forests or National Grasslands. Whenever an area is set aside specifically for a
program of intensive wildlife management, an individual agreement will be entered into
which outlines the specific management and administrative responsibilities of each agency.
Provisions of P.L. 93-452 will be utilized wherever feasible.
g.
To encourage close cooperation and interchange of information and to restrain their
respective employees from criticizing in public the activities or policies of the other agency.
All complaints, constructive criticism, disagreements and suggestions will be submitted
through respective channels to the Director, Wyoming Game and Fish Department, and the
Regional Forester concerned for prompt and full consideration and settlement.
h. To cooperate in publicity matters by jointly publicizing reports of mutual interest, by
securing clearance of both agencies before publication, and by avoiding publicity of a
character embarrassing to the other agency.
i.
To cooperate in such control of predatory animals and rodents as may be necessary on
lands under Forest Service or State administration (see special interagency agreement on
animal control for particulars).
j.
That nothing in this agreement shall be construed as obligating the Forest Service or
the United States Government, the Commission, or the State of Wyoming, in the
expenditure of funds, or for the future payment of money, in excess of appropriations
authorized by law. Projects involving the expenditure of funds by the Commission and the
Forest Service cooperatively will be covered by a specific agreement showing the character
and extent of participation by each party and how deposited funds will be spent and
accounted for.
k. That each and every provision of this Memorandum of Understanding is subject to the
laws of the State of Wyoming, the laws of the United States, the regulations of the
Secretary of Agriculture and to the delegated authority assigned in each instance.
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l.
That no member of or delegate of Congress, or resident commissioner, shall be
admitted to any share or part of this agreement, or to any benefit that may arise therefrom:
but this provision shall not be construed to extend to this agreement if made for a
corporation for its general benefit.
m. To accomplish all cooperative work under the provisions of this Memorandum of
Understanding, supplemental memorandums of understanding or cooperative agreements
without discrimination against any employee, or applicant for employment, because of race,
creed, sex, color, or national origin.
n. That this agreement shall become effective when signed by the parties hereto and
shall continue in force until terminated by either party upon 30 days notice in writing to the
other of its intention to terminate upon a date indicated. Amendments may be proposed by
either party and shall become effective upon approval by both parties.
o. That this Memorandum of Understanding supersedes the previous memoranda of like
nature, but it does not invalidate supplemental agreements now in force or which may
hereafter be entered into between the Forest Service and the Commission covering special
projects or activities of mutual concern.
p. To issue to their respective personnel, through the Director of the Wyoming Game
and Fish Department and each Regional Forester, all necessary instructions covering the
application of the provisions of this Memorandum of Understanding.
IN WITNESS THEREOF, the parties hereto have executed this Memorandum of Understanding
as of the last date written below:
/s/ Earl M. Thomas
Director, Wyoming Game and Fish Department
February 9, 1977
Date
/s/ J.A. Dorrell (for)
Regional Forester, Region 2, Denver, Colorado
January 21, 1977
Date
/s/ Vern Hamre
Regional Forester, Region 4, Ogden, Utah
February 8, 1977
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APPENDIX
A.
Meetings
1.
Local Meetings
a.
Annual Hunting Recommendations Meetings
Meetings (at the local field level) will be held--each year as soon as needed
information is available--to develop annual hunting and fishing regulations and to
arrive at agreed recommendations for specific areas or management units. These
meetings need not be on a formal basis, but should permit full discussion of the
available information from the perspective of the management responsibilities of the
two agencies. The Commission will be responsible for calling such meetings and
may include representatives of other agencies or groups as required for proper
coordination.
b.
Annual Program Coordinating Meetings
Annual meetings will be held for each National Forest to discuss project proposals
and progress of current projects of either agency, or others, which in any way affect
the fish and wildlife resources of lands under Forest Service administration.
The purpose will be to keep the agencies informed of pending projects, to encourage
the interchange of information and ideas, and to develop cooperative planning and
action. Such meetings will be held prior to April 1 and responsibility for calling them
will alternate annually beginning with the Forest Service in calendar year 1977.
Annual proposals for animal damage control, transplants, habitat improvements,
coordination of special wildlife management efforts and cooperative programs may be
included.
c.
2.
Other meetings as required for specific purposes
Interagency Meetings
a.
Annual Hunting Recommendations Meetings
Following the local meetings mentioned in A-1, above, annual spring interagency
meetings will be called by the Commission to discuss recommended hunting
regulations and to reconcile any differences that might prevail at the local level.
b.
Annual Statewide Plans, Programs, and Policies Meeting
An annual interagency meeting will be held prior to April 1 each year for the
exchange of information concerning policies, programming, technical advances, and
other items of mutual interest. Attendance will be from the supervisory level of
personnel. Chairmanship will revolve in the following sequence among the agencies:
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Wyoming Game and Fish Department, Forest Service, BLM, F&WS. Discussion
subjects should at least include animal damage control, transplant proposals and the
coordination of special wildlife management efforts.
c.
B.
Other meetings as required for specific purposes.
Habitat Modification
To ensure adequate consideration of the fish and wildlife resources located within areas of
proposed range revegetation or plant control, whether by chemical, burning or mechanical
means, the following procedures will be followed (also see R-2 Supplement, FSM 2631):
1. Forest Supervisors will submit requests for comments on proposed range revegetation
or plant control projects from the Director by not later than July 1 of the year preceding
proposed treatment. These requests will include a map showing location and extent of the
proposed project, and a brief description of the project and its purpose.
2. The Commission and the Forest Service will designate appropriate personnel to make
joint field inspections and compile evaluation reports concerning the probable effects of
proposed projects on fish and wildlife habitat and populations.
3. By not later than October 20 of the year preceding proposed treatment the Director
will furnish the Forest Supervisor concerned written comments containing his Department's
reaction to each project. Such comments will be considered in the subsequent planning for
each project.
4. The Commission and Forest Service personnel will also make joint examinations of
each area at two and five year periods after treatment to determine the results.
5. An Environmental Analysis Report will accompany each project proposed for
financing.
C.
Wildlife Transplants and Introductions
1. Applications for approval of transplants or introductions of game animals and
furbearer species, or for exotic species of other types, on lands under Forest Service
administration will be made in writing by the Director to the concerned Forest Supervisor,
not later than July 1 of each year preceding the proposed transplant. Such applications will
be accompanied by a brief proposed plan of management which provides for harvest
adequate to maintain satisfactory forage, soil, and other resource management conditions.
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2. Proposed release sites will be jointly examined by Forest Service and Game and Fish
Department representatives during the first available field season following receipt of the
application. A joint report will be written for submission to the chief administrator of each
agency. Such a report will be in the form of an Environmental Assessment.
3. The transplanting or introducing of . . . species considered nonindigenous to the area,
must be approved by the Forest Service. Each approved transplant will be covered by a
separate cooperative agreement between the Regional Forester and Director which outlines
details for the future management of transplanted animals. The Regional Forester will
advise the Director of approvals and disapprovals in writing, giving the reasons for
disapprovals where they exist. Clearance for introducing foreign exotics will be secured
from the U.S. Fish and Wildlife Service by the Regional Forester concerned.
4. Forest Supervisors will be advised well in advance by the Commission of the specific
site and date of approved introductions or proposed removals of any wildlife, including the
number, sex, condition, and other concerned pertinent information.
5. The Commission will be responsible for securing advance concurrence of the majority
of landowners and other land management agencies in areas affected by recommended
transplants. It will also be responsible for the neck-banding and/or ear-tagging of all game
animals transplanted to approved sites and for furnishing reasonable assurance that they are
free of infectious disease.
6. During the project planning stages, the Forest Service will inform the Commission
and secure concurrence in any transplants of wildlife it proposes on lands under its
administration.
D
Packers, Outfitters, and Guides
1. Plans and policies for administering packer, outfitter, and guide permits on or related
to lands administered by the Forest Service will be jointly considered.
2. The Commission will determine the qualification of applicants for packing, outfitting,
and guiding privileges within the State of Wyoming. It is also authorized to license these
activities. Therefore, the Forest Service will require guides and outfitters to obtain a valid
license, issued according to Wyoming Game and Fish laws, before they conduct their
activities on lands under Forest Service administration.
3. Requirements relating to packing, outfitting, and guiding on lands under Forest
Service administration will be those listed in the 2713 Section of the Forest Service Manual
and State laws.
E.
Application of the Fish and Wildlife Coordination Act
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1. The Fish and Wildlife Coordination Act will be applied to all development projects
involving impoundments, diversions, channelization, flood control, pollution or drainage,
where fish and/or wildlife values are significant regardless of the limitations of project size
or sponsorship mentioned elsewhere. It is not a requirement that projects of the
Commission be so considered, however.
2. The Regional Foresters' offices will initiate and maintain direct contact and liaison
with the Commission and the Area Offices of the F&WS for purposes of applying the Act,
including coordinating notice of pending projects, requests for and programming of
surveys, review of reports and recommendations and coordinating the participation of the
Forests concerned.
3. The concerned Area Offices of F&WS will be responsible for writing the individual
reports and recommendations for each project where the Coordination Act is applied. Its
content should have the concurrence of the Commission.
4. After consideration by the appropriate Forest Supervisor and Regional Forester, the
approved recommendations of F&WS will be incorporated as stipulations in any
subsequently issued Special Use Permit. The Commission will be advised of
recommendations that are not accepted, with reasons given for this decision.
5. When the location of State or Federal highway construction involves changes in
stream channels or encroachment on lakes or streams, the procedures of the Coordination
Act may be applied.
F.
Application of P.L. 93-452 (Sikes Act)
1.
Provisions of P.L. 93-452 (Sikes Act) will be utilized wherever applicable and
feasible as a means of cooperatively facilitating the improvement, protection, and
management of fish and/or wildlife habitat.
2. The Wyoming Game and Fish Department's "Strategic Plan for the Comprehensive
Management of Wildlife in Wyoming," into which the Forest Service had input during its
preparation, is recognized as the first phase of the statewide comprehensive wildlife plan
called for by P.L. 93-452 and its objectives are accepted within the constraints that must be
applied in relation to the management of other resources on National Forest System lands.
With the addition of a second phase which incorporates that part of the programming
confined to NFS lands and their management, a statewide plan satisfactory for compliance
with the provisions of P.L. 93-452 will be considered to exist. The Commission and the
Forest Service will cooperate in implementing "Sikes Act" procedures, including the
preparation of separate agreements for the cooperative management of special areas or
situations to which this approach lends itself.
The planning authorized by this supplement and P.L. 93-452 will contain provisions that:
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a.
specify those areas of National Forest System lands within the State which offer
opportunities for cooperative programs for the conservation and improvement of
wildlife and fish habitat;
b.
provide for coordinated management programs with other resource systems for
the support of wildlife and fish habitat management;
c.
provide special protection for fish and wildlife officially classified as
endangered or threatened by the U.S. Fish and Wildlife Service or designated by the
Wyoming Game and Fish Commission to be endangered or threatened in Wyoming;
d.
consider the control of off-road vehicular traffic as required for wildlife and fish
management purposes;
e.
estimate the current and projected supply and demand of fish, wildlife, and
associated recreation;
f.
estimate the capability of the lands in question to produce the above products
and to program for the accomplishment of the agreed objectives.
2.
The Forest Service and the Commission will develop needed cooperative agreements,
or review, revise and implement existing agreements for areas covered by an
approved statewide comprehensive plan, or areas requiring special wildlife or fish
management effort where land use plans have been approved. The field work
involved will proceed according to mutually agreed priorities and applicable land
management planning. These agreements will include, but not be limited to:
a.
the inventory, study and census of fish and wildlife and/or their habitats;
b.
authorization for State or Federal officers to enforce the appropriate provisions
of this plan;
c.
hunting, fishing and trapping activities with respect to applicable State laws and
regulations;
d.
the propagation of fish and wildlife, as well as live-trapping and transplanting to
benefit populations of individual species;
e.
an agreed arrangement for project financing.
4. Appropriate Forest Service and Commission representatives will meet at least once
each year to prepare the annual plan of work which determines the projects, priorities and
appropriations necessary to fulfill the requirements of the above-mentioned agreements and
the application of P.L. 93-452.
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5. Funds available to a Forest by financing provided through the "Sikes Act" and such
financing so designated by the Commission will be used only for the improvement or
maintenance of agreed NFS fish or wildlife habitats or special management area activities.
Relative percentages of financing for each agency will vary case by case and will be spelled
out in each related cooperative agreement.
6. Each project proposal will be accompanied by an Environmental Analysis Report that
includes considerations of the effects of irreversible actions, the alternatives available and
the benefits and detriments created by the proposed action.
G.
Beaver Management
1. The Commission and the Forest Service will jointly plan for the management and
control of beaver and the maintenance of optimum habitat conditions on lands administered
by the Forest Service.
2. Beaver will be controlled where they are a hazard to the watershed, and desirable
populations will be maintained where they contribute to resource assets.
3. Forest officers will advise Commission personnel of areas of beaver over-population
and/or resource damage on lands under Forest Service administration. Commission
personnel will annually advise Forest officers of plans and programs for . . . alleviating
beaver problems. Notice will also be given of proposed transplant sites on Forest Service
administered lands and concurrence will be secured before such action is taken.
4. Private individuals licensed to trap beaver will be directed by the Commission to
problem areas on Forest Service lands where control programs will be beneficial.