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FOREST SERVICE MANUAL
INTERMOUNTAIN REGION (REGION 4)
OGDEN, UT
FSM 2600 – WILDLIFE, FISH, AND SENSITIVE PLANT HABITAT MANAGEMENT
CHAPTER 2610 – COOPERATIVE RELATIONS
Supplement No.: 2600-2012-1
Effective Date: September 17, 2012
Duration: This supplement is effective until superseded or removed.
Approved: HARV FORSGREN
Regional Forester
Date Approved: 09/12/2012
Posting Instructions: Supplements are numbered consecutively by Title and calendar year.
Post by document name. Remove entire document and replace with this supplement. Retain this
transmittal as the first page of this document. This is the first supplement to this title.
New Document(s):
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2 Pages
Superseded Document(s) by
Issuance Number and
Effective Date
N/A
0 Pages
Digest:
2611.1 – Adds language to reflect recent Memorandums of Understanding (MOU’s) between the
States and the Intermountain Region of the Forest Service related to State use of piscicides, and
corresponds to recent Regional supplement to FSM 2150.
R4 SUPPLEMENT 2600-2012-1
EFFECTIVE DATE: 09/17/2012
DURATION: This supplement is effective until superseded or removed.
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FSM 2600 – WILDLIFE, FISH, AND SENSITIVE PLANT HABITAT MANAGEMENT
CHAPTER 2610 – COOPERATIVE RELATIONS
2611.1 – State—Forest Service Memorandum of Understanding
Recognize that the determination of when to apply registered piscicides to remove unwanted
aquatic species from waters located on National Forest System (NFS) lands, and the application
of piscicides consistent with label requirements, are State actions to be conducted by State
wildlife and fish management agencies. While Federal regulations at 36 CFR 261.9(f) require
that use of all pesticides which affect NFS lands be permitted by the Forest Service, applications
of piscicides by State wildlife and fish management agencies will generally meet the criteria for
waiver of this permit requirement set forth in regulations at 36 CFR 251.50(e)(1)&(2). The
Forest Service recognizes that piscicide applications conducted by State wildlife and fish
management agencies typically have only nominal effects on NFS lands and resources and do
not conflict with NFS programs and operations, and that the State wildlife and fish management
agencies adequately regulate their piscicide applications to assure this through National Pollutant
Discharge Elimination System (NPDES) permitting required under the Clean Water Act.
Similarly, piscicide application may require ancillary uses of NFS lands that are subject to Forest
Service permit requirements, such as certain motorized uses, and the criteria for waiver of permit
requirements will often apply to these uses on NFS lands as well.
When action is required by the Forest Service to permit the use of piscicides in water bodies
located on NFS lands, or ancillary activities, this action will typically fall under the categorical
exclusion at 36 CFR 220.6(d)(8) for minor, short-term uses of NFS lands, which does not require
documentation by the Forest Service. There may be exceptions where a specific piscicide
proposal or ancillary activities will require more than minor, short-term uses of NFS lands, or
where there are extraordinary circumstances related to the proposal. Such exceptions include,
but are not necessary limited to the following situations:
 Physical disturbance of land: for example, where barriers must be constructed on NFS
lands to accomplish treatment objectives.
 Presence of ESA-listed species or designated critical habitat.
 Congressionally designated areas such as Wilderness, Wild and Scenic Rivers, National
Recreation Areas; or Research Natural Areas, and Native American Cultural Sites.
Notification of the Forest Service by the State wildlife and fish management agencies will
provide the opportunity to assess whether there is any reason that the waiver of permit
requirements and application of the categorical exclusion would not apply to specific proposals.
Forest Service units must complete Form FS-2100-2, Pesticide-Use Proposal, for all proposed
pesticides used on NFS lands, except for State piscicide use outside of Wilderness areas
(reference Regional supplement to FSM 2150).