CONFIDENTIAL DRAFT
Table 7.
Regulatory Guidance Considered in Development of Avoidance and Protection Measures for Special-Status
Biological Resources and Measures to Prevent the Introduction or Spread of Noxious Weeds.
Resources
Regulatory Guidance
Source (Agency)
Aquatic and Riparian Species and Habitat
Riparian Conservation Areas
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Special-status Amphibians
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Designate riparian conservation area widths as listed in standards and guidelines. RCA widths may
be adjusted at the project level if a landscape analysis has been completed and a site specific RCO
analysis demonstrates a need for different widths.
Standard stream type widths of RCA are as follows:
o Perennial Streams: 300 feet on each side of perennial streams measures from the bank full
edge of the stream
o Seasonally Flowing Streams (includes ephemerals with defined stream channel or evidence of
scour): 150 feet on either side of the stream, me4asured from the bank full edge of the stream
o Special Aquatic Features (lakes, meadows, bogs, fens, wetlands, vernal pools, and springs) or
perennial Streams with riparian conditions extending more than 150 feet from edge of
streambank or seasonally flowing streams with riparian conditions extending more than 50 feet
from edge of streambank: 300 feet from edge of feature or riparian vegetation, whichever width
is greater
Implement Project appropriate Best Management Practices and monitor their effectiveness following
protocols outlined in “Investigating Water Quality in the Pacific Southwest Region: Best Management
Practices Evaluation program (USDA-FS PSW Region 1992).
Limit pesticide applications to cases where project level analysis indicates that pesticide applications
are consistent with riparian conservation objectives.
Ensure management activities do not adversely affect water temperatures necessary for local aquaticand riparian-dependent species assemblages.
Avoid application of pesticides in areas within 500 feet of known occupied sites of California redlegged frog, foothill and mountain yellow-legged frog, Cascade and northern leopard frog and
Yosemite toads unless environmental analysis documents pesticides are needed to restore or
enhance habitat for these amphibian species.
SNFPA Final Supplemental
Impact Statement, Appendix
A (USDA-FS)
Minimize or eliminate direct and indirect impacts from management activities to threatened and
endangered, proposed, and sensitive (TEPS) plant species unless project is designed to maintain or
improve populations (FSM 2670).
All projects involving revegetation (planting or seeding) will adhere to the Regional Native Plan Policy
SNFPA Final Supplemental
Impact Statement, Appendix
A (USDA-FS)
Protect migratory birds, including their eggs, nest, and body parts unless allowed by rule or
appropriate federal and California state permits.
Forbid any activity that may cause nest abandonment or loss of reproductive status.
Protect all bird nests (including raptor and passerine).
Migratory Bird Treaty Act
(USFWS)
SNFPA Final Supplemental
Impact Statement, Appendix
A (USDA-FS)
Terrestrial Resources
Special-Status Plants
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Avian Species
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533570925
1
California Fish and Game
Code (Sections 355-357,
3503, 3503.5, and 3513)
(CDFG)
CONFIDENTIAL DRAFT
Table 7.
Regulatory Guidance Considered in Development of Avoidance and Protection Measures for Special-Status
Biological Resources and Measures to Prevent the Introduction or Spread of Noxious Weeds (continued).
Resources
Regulatory Guidance
Source (Agency)
Terrestrial Resources (continued)
Northern Goshawk
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533570925
Designate PACs to include the known and suspected nest stands, and encompass the best available
200-acre of forested habitat in the largest contiguous patches that are possible base on aerial
photography.
Maintain a limited operating period (LOP) prohibiting activities within approximately ¼ mile of the nest
site during the breeding season (February 15 through September 15) unless surveys confirm that
northern goshawks are not nesting. If the nest stand within a PAC is unknown, either apply the LOP
to a ¼ mile area surrounding the PAC or survey to determine the nest stand location. The LOP does
not apply to existing road and trail use and maintenance or continuing recreation use, except where
analysis of the proposed projects or activities determines that such activities are likely to result in nest
disturbance.
The LOP may be waived for individual projects or activities of limited scope and duration, when a
biological evaluation determines that such projects are unlikely to result in breeding disturbance
considering their intensity, duration, timing, and specific location. Where a biological evaluation
concludes that a nest site would be shielded from planned activities by topographic features that
would minimize disturbance, the LOP buffer distance may be reduced.
Maintain a LOP prohibiting vegetation treatments within approximately ¼ mile of the nest site during
the breeding season (February 15 through September 15) unless surveys confirm that northern
goshawk are not nesting. If the nest stand within a PAC is unknown, either apply the LOP to a ¼ mile
area surrounding the PAC, or survey to determine the nest stand location.
The LOP may be waived for vegetation treatments of limited scope and duration, when a biological
evaluation determines that such projects are unlikely to result in breeding disturbance considering
their intensity, duration, timing, and specific location. Where a biological evaluation concludes that a
nest site would be shielded from planned activities by topographic features that would minimize
disturbance, the LOP buffer distance may be reduced.
Conduct vegetation treatments in no more than 5 percent per year and 10 percent per decade of the
acres in northern goshawk PAC in the 11 Sierra Nevada national forests. Monitor the number of
PACs treated at a bioregional scale.
2
SNFPA Final Supplemental
Impact Statement, Appendix
A (USDA-FS)
CONFIDENTIAL DRAFT
Table 7.
Regulatory Guidance Considered in Development of Avoidance and Protection Measures for Special-Status
Biological Resources and Measures to Prevent the Introduction or Spread of Noxious Weeds (continued).
Resources
Regulatory Guidance
Source (Agency)
Terrestrial Resources (continued)
California Spotted Owl
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533570925
Designate PACs around a California spotted owl “activity center” (defined as the territorial activity area
surrounding a nest), to include the best available 300 acres of habitat in as compact a unit as
possible.
Designate HRCAs that includes the PAC as well as the best available California spotted owl habitat in
the closest proximity (within 1.5 miles) to the activity center (USDA-FS 2001b).
Maintain a LOP prohibiting vegetation treatments within approximately ¼ mile of the nest site during
the breeding season (March 1 through August 31) unless surveys confirm that California spotted owl
are not nesting. If the nest stand within a PAC is unknown, either apply the LOP to a ¼ mile area
surrounding the PAC, or survey to determine the nest stand location.
The LOP may be waived for vegetation treatments of limited scope and duration, when a biological
evaluation determines that such projects are unlikely to result in breeding disturbance considering
their intensity, duration, timing, and specific location. Where a biological evaluation concludes that a
nest site would be shielded from planned activities by topographic features that would minimize
disturbance, the LOP buffer distance may be reduced.
Conduct vegetation treatments in no more than 5 percent per year and 10 percent per decade of the
acres in California spotted owl PAC in the 11 Sierra Nevada national forests. Monitor the number of
PACs treated at a bioregional scale.
3
SNFPA Final Supplemental
Impact Statement, Appendix
A (USDA-FS)
CONFIDENTIAL DRAFT
Table 7.
Regulatory Guidance Considered in Development of Avoidance and Protection Measures for Special-Status
Biological Resources and Measures to Prevent the Introduction or Spread of Noxious Weeds (continued).
Resources
Regulatory Guidance
Source (Agency)
Noxious Weeds
Noxious Weed Prevention
and Control
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533570925
When planning weed control projects, follow Forest Manual direction on Integrated Weed
Management (FSM 2080)
Conduct a noxious weed risk assessment to determine low, moderate, or high risk for weed spread for
various types of management activities. Refer to Weed Prevention Practices in Regional Noxious
Weed Management Strategy to develop mitigation measures for high and moderate risk activities.
As prescribed in the project weed risk assessment, require off-road equipment and vehicles (both
Forest Service and contracted) used for project implementation to be weed free. Refer to Weed
Prevention Practices in Regional Noxious Weed Management Strategy.
Encourage use of certified weed free hay and straw. Cooperate in development of a certification
program for weed free hay and straw. The program will be phased in as certified weed free hay and
straw become available. This would apply to pack and saddle stock used by public, livestock
permittees, outfitter guide permittees, and local, State, or Federal agencies.
Minimize weed spread by incorporating prevention and control measures into any ongoing
management or maintenance activities that involve ground disturbance or the possibility of spreading
weeds. Refer to Weed Prevention Practices in Regional Noxious Weed Strategy.
As outlined in the Regional Noxious Weed Strategy, when new, small infestations are detected,
emphasize eradication while providing for the safety of field personnel.
Routinely monitor noxious weed control projects to determine success and evaluate need for follow-up
treatments or different control methods. Monitor known infestations as appropriate to determine
changes in density and rate of spread. Conduct follow-up inspections of ground disturbing activities to
ensure compliance with the Regional noxious weed management strategy.
4
SNFPA Final Supplemental
Impact Statement, Appendix
A (USDA-FS)
CONFIDENTIAL DRAFT
Table 7.
Regulatory Guidance Considered in Development of Avoidance and Protection Measures for Special-Status
Biological Resources and Measures to Prevent the Introduction or Spread of Noxious Weeds (continued).
Resources
Regulatory Guidance
Source (Agency)
Noxious Weeds (continued)
Noxious Weed Prevention
and Control
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533570925
2081.03 - Policy. When any ground disturbing action or activity is proposed, determine the risk of
introducing or spreading noxious weeds associated with the proposed action.
For projects having moderate to high risk of introducing or spreading noxious weeds, the project
decision document must identify noxious weed control measures that must be undertaken during
project implementation.
Make every effort to ensure that all seed, feed, hay, and straw used on National Forest System lands
is free of noxious weed seeds. (FSH 6309.12, sec. 42 and 42.1).
Where States have enacted legislation and have an active program to make weed-free forage
available, Forest Officers shall issue orders restricting the transport of feed, hay, straw, or mulch
which is not declared as weed-free, as provided in 36 CFR 261.50(a) and 261.58(t).
Use contract and permit clauses to prevent the introduction or spread of noxious weeds by
contractors and permittees. For example, where determined to be appropriate, use clauses requiring
contractors or permittees to clean their equipment prior to entering National Forest System lands.
2081.1 - Forest Planning. Manage noxious weeds on National Forest System lands to achieve the
goals and objectives identified in Forest Land and Resource Management plans (FSM 1910, 1920,
and 1930).
2081.2 - Prevention and Control Measures.
Determine the factors which favor the establishment and spread of noxious weeds and design
management practices or prescriptions to reduce the risk of infestation or spread of noxious weeds.
Where funds and other resources do not permit undertaking all desired measures, address and
schedule noxious weed prevention and control in the following order:
First Priority: Prevent the introduction of new invaders,
Second Priority: Conduct early treatment of new infestations, and
Third Priority: Contain and control established infestations.
When assigning management priorities for prevention and control measures, utilize Noxious Weed
Classification Systems developed at the State, county, or local level to provide a coordinated
approach. Particular consideration should be given to emergency staging areas, trailheads,
campgrounds, and gravel pits.
Ensure that environmental controls and objectives are met for threatened and endangered or other
species, as specified in applicable laws, policy, and regulations for project-level noxious weed control
actions, as provided in the National Environmental Policy Act process.
5
Forest Service Manual
(FSM) 2080, Noxious Weed
Management (USDA-FS)