December 26, Domestic Sheep grazing on a permitted allotment in the Gravelly Mountains

Transcription

1 Pertinent To Domestic Sheep Allotment Management Plans In the Gravelly Mountains On the Beaverhead-Deerlodge National Forest December 26, 2017 Domestic Sheep grazing on a permitted allotment in the Gravelly Mountains Bighorn rams in the Greenhorn Mountains near the Ruby River Reservoir

2 Table of Contents Table of Contents... 1 Background... 2 Purpose... 2 Allotment Management Plans... 3 Regulatory... 3 AMP/Grazing Permit Requirements for Sheep Allotments in the Gravelly Mountains Forest Plan Direction Specific to Domestic Sheep Allotments in the Gravelly Mountains... 6 Domestic Sheep Allotment Specific Information... 7 Barnett S&G... 7 Black Butte S&G... 7 Coal Creek S&G... 7 Cottonwood S&G... 7 Fossil-Hellroaring S&G... 7 Lyon-Wolverine S&G... 8 Poison Basin S&G... 8 Larkspur Grazing by Domestic Sheep.7 Rescission Act Schedule... 8 Review of New Information... 8 Reintroduction of Bighorn Sheep Listing of Bighorn Sheep as a Sensitive Species Existence of MOUs Updated Information Regarding Disease Transmission Between Domestic Sheep and Bighorn Sheep 23 Consideration by MFWP that Bighorn Sheep Could Be Reintroduced to Closed Allotments Other Pertinent Information Vegetation/Soil/Water Bighorn Sheep Habitat Assessment GIS Analysis.34 Appendices Appendix A: Bighorn Sheep Distribution and Domestic Sheep Allotment Maps Appendix B: MFWP Observation Information and Locations Appendix C: Forest Service Response to Comments on Draft New Information Review Appendix D: Forest Service and MFWP Communication Regarding 2013 Black Butte Carcass Appendix E: MFWP Comments on Draft New Information Review Appendix F: Bighorn Sheep Habitat Assessment GIS Analysis with Map 1

3 Background Rocky Mountain bighorn sheep were once plentiful in Montana. By the 1930 s, hunting, disease, and range competition from domestic livestock reduced the bighorn to remnant bands. The State of Montana began reintroduction programs in the 1940 s. In 2001, the State decided to reintroduce bighorn sheep in the Greenhorn Mountains south of Alder, Montana, to help restore the area s biodiversity and provide potential hunting and wildlife-viewing opportunities. In 2003 and 2004, Montana Fish, Wildlife and Parks (MFWP) transplanted 69 bighorn sheep to the Greenhorn Mountains. Domestic livestock, including domestic sheep, were introduced in the Gravelly Landscape 1 (including the Greenhorn Mountains) shortly after discovery of gold in Alder Gulch in 1863, more than 150 years ago. In 1920, an estimated 104,700 ewe/lamb pairs were permitted on the Madison National Forest 2 in the Gravelly, Greenhorn and Snowcrest Mountains. Currently, 7,800 ewe/lamb pairs are permitted to graze seven domestic sheep allotments (Barnett, Black Butte, Coal Creek, Cottonwood, Fossil-Hellroaring, Lyon-Wolverine and Poison Basin) on the Beaverhead-Deerlodge National Forest (BDNF) in the Gravelly Mountains 3 near Black Butte. Permitted domestic sheep annually trail to and from these allotments from the west through The Notch (located in the Snowcrest Mountains) from/to State, BLM and private lands located to the west. In recent years, trailing of some sheep to the allotments has occurred from the east side of the Gravelly Mountains. Grazing use of these allotments follows prescribed grazing practices detailed in term grazing permits and Allotment Management Plans (AMPs) described later in this document (beginning at page 4). In 2015, Gallatin Wildlife Association filed a complaint (case 2:15-cv BMM) in US District Court for the District of Montana. One of Gallatin s 4 claims alleged the USFS failed to supplement the domestic sheep grazing AMPs in the Gravelly Mountains (Court Order 5, pg. 9). Briefly, Gallatin claimed five new pieces of information about bighorn sheep warrant a supplemental analysis of the AMPs including reintroduction of bighorn sheep, listing of bighorn sheep as a sensitive species, Memorandums of Understanding (MOUs) and updated information about disease transmission. Purpose The purpose of this document, as the Court ordered, is to conduct a review of the five issues raised by Gallatin, and any other pertinent new information, to determine whether any, or all, of this new information warrants supplementation of the original EIS prepared for the AMPs at issue here (Court Order, pg. 37). The five issues raised by Gallatin are (Court Order, pg. 33): 1 The Gravelly Landscape is a nearly 2 million-acre (~3,000 square miles) area located in Southwest Montana comprised of private property and lands managed by the Beaverhead-Deerlodge National Forest, Bureau of Land Management, U.S. Fish and Wildlife Service, USDA/Agriculture Research Station, Montana Fish, Wildlife and Parks and the Montana Department of Natural Resources. The Landscape is bounded by the Idaho/Montana border to the south, Highways 87 and 287 to the east and north and Highway 41 and Interstate 15 to the west. 2 This portion of the 1920-era Madison National Forest is currently part of the Beaverhead-Deerlodge National Forest. 3 The Gravelly Mountains are 1 of 6 mountain ranges (Greenhorn, Gravelly, Snowcrest, Ruby, Centennial and Blacktail) in the Gravelly Landscape. 4 Because the June 14, 2016 Court Order collectively refers to plaintiffs Gallatin Wildlife Association, WildEarth Guardians, Western Watershed Project and Yellowstone Buffalo Foundation as Gallatin, this document adopts the same term when referring to plaintiffs. 5 For the reader s convenience, The U.S. District Court Order is electronically available on the BDNF webpage at: 2

4 1. The 2003/2004 reintroduction of bighorn sheep in the Greenhorn Mountains, 2. The 2011 listing of bighorn sheep as a sensitive species by the Regional Forester, 3. The existence of the 2002 and 2008 MOUs between the BDNF, BLM, MFWP and domestic sheep grazing operators facilitating implementation of a bighorn sheep transplant in the Greenhorn Mountains, 4. Updated information regarding disease transmission between domestic sheep and bighorn sheep, and 5. The consideration by MFWP that bighorn sheep could be reintroduced to closed allotments. In this review, the Forest Service will analyze the effects of domestic sheep grazing in the Gravelly Mountains on the BDNF in terms of whether there may be significant effects to bighorn sheep due to the five issues described above. The AMPs at issue prescribe livestock management practices for the Barnett, Black Butte, Coal Creek, Cottonwood, Fossil-Hellroaring, Lyon-Wolverine and Poison Basin sheep allotments located on the BDNF in the Gravelly Mountains near Black Butte. With the exception of the Black Butte AMP, these AMPs have been approved, over time, following environmental analysis in an Environmental Analysis Report (EAR), Environmental Assessment (EA), Decision Memo (DM) or Categorical Exclusion (CE). These environmental analyses did not include an EIS. 40 CFR (c)(1)(ii) states Agencies shall prepare supplements to draft or final environmental impact statements if there are significant new circumstances or information relevant to environmental concerns and bearing on the proposed action or its impacts. The Forest Service, in this review, is evaluating the environmental analyses previously prepared for the AMPs to determine if updated or supplemental NEPA analysis is required in accordance with 40 CFR (c)(1)(ii). After evaluating the new information and considering public comment, the responsible official, Madison District Ranger Dale Olson, will determine if the new information is significant, relevant to environmental concerns and suggests a potential for significant environmental impacts that were not previously disclosed. The District Court provided that The USFS will need to consider the appropriateness and scope of future domestic grazing based upon a full and open environmental review process This full and open environmental review process also must consider whether sufficient new information has emerged that requires the environmental review for the AMPs to be updated (Order, pg ). To ensure full compliance with the Court s Order, the BDNF provided a 30-day public comment period on a draft review of new information. Allotment Management Plans Regulatory An AMP is a document that applies to the management of rangeland ecosystems and livestock operations on public lands by prescribing: (1) the manner in and extent to which livestock operations will be conducted in order to meet ecosystem health, multiple use, economic and other objectives; (2) describes range improvements to be installed and maintained; and (3) contains such other provisions relating to livestock grazing and other objectives found by the Secretary of Agriculture to be consistent with the provisions of the Federal Land Policy and Management Act. An AMP integrates resource objectives, standards, guidelines and 3

5 management requirements for soil and water for watershed protection, wildlife and fisheries, recreation, timber and other resources on lands within a range allotment. The specific authorization to graze livestock on National Forest System lands is the Term Grazing Permit (grazing permit). The grazing permit specifies who is allowed to graze, where grazing will occur, the number and type of livestock and the time frame when grazing is allowed. In addition, the grazing permit requires payment of grazing fees, maintenance of structures and may include additional allotment specific requirements deemed necessary to graze livestock while protecting resources within the area. Grazing permits are subject to direction contained in the Forest Plan and any revision thereto. This is specifically stated in the terms and conditions of the grazing permit. The AMP is also specifically listed as a term and condition of the grazing permit. Allotment grazing requirements as mentioned in the above paragraph must be followed to meet the conditions of the grazing permit. If changes to the AMP occur these changes automatically change the conditions of the grazing permit. AMP/Grazing Permit Requirements for Sheep Allotments in the Gravelly Mountains There are seven active sheep allotments in the Gravelly Mountains located along the mountain crest in the south central portion of the range. These allotments have been grazed by sheep since prior to the establishment of the National Forest. Current allotment boundary configurations are a result of various allotment combinations. As allotments were combined, the total number of permitted sheep were reduced. The seven sheep allotments are permitted under two grazing permits Term Permit dated March 2, 2017 issued for grazing the Barnet, Coal Creek, Fossil-Hellroaring, Lyon Wolverine and Poison Basin Sheep & Goat (S&G) allotments and Upper Ruby Riparian Pasture and Term Permit dated December 7, 2015 issued for the Black Butte and Cottonwood S&G allotments. All the sheep allotments are divided into camp units to facilitate a deferred rotation grazing system where each camp unit is grazed by domestic sheep at different times from year to year, allowing plant recovery and mostly uninterrupted plant development and reproduction. Each band is accompanied by a herder who manages the sheep throughout the grazing season. Specific grazing practices are followed when grazing and moving bands across an allotment. Primary grazing practices followed on all seven domestic sheep allotments in the Gravelly Mountains include: A. Once over lightly grazing will be practiced. Maximum forage utilization for once over lightly grazing is considered 35%. B. Sheep will be open herded and dogs will be used to a minimum to prevent heavy trampling and over grazing. C. Sheep will not be bedded within 300 yards of any stream or spring. There may be some exceptions due to topography. Sheep will not be shaded near water. D. Salting of livestock will be at least 100 yards away from roads and trails and at least ¼ mile from water unless authorized by the Forest Officer in charge. E. Sheep will be trailed to water using different routes. Trailing will be kept to a minimum. F. Bed grounds will not be used more than one night. Six permitted bands of sheep are annually trailed to and from their respective allotments along a designated route. (Please refer to the two maps in Appendix A showing the trailing routes.) This 4

6 trailing route begins on the west side of the Snowcrest Mountains (beginning on private property) enters the BDNF near The Notch, a relatively low pass located in the middle of the Snowcrest Mountain range. Each of the six permitted bands are trailed usually ½ to 1 days apart to keep the bands properly separated from each other. It takes a total of 2 to 3 days for each band to trail through Forest Service lands to the grazing allotments. It takes a couple of hours for each band to pass through modeled bighorn sheep habitat in The Notch area of the Snowcrest Mountain range. From The Notch, the bands trail southwest on BDNF lands to Honeymoon park and then down onto the Beaver Bench Road and then north and/or west to their assigned allotments. The Poison Basin and Coal/Fossil sheep cross the Ruby River and then move south and east along the Ruby River Road for larkspur control grazing in the Riparian and Basin pastures of the Upper Ruby Cattle and Horse allotment prior to moving south and/or west to the assigned BDNF allotments (see Appendix A maps). At the end of the grazing season the trailing route is reversed. If an early snow falls, sheep begin moving off the permitted allotments prior to their off date and gather just below 8,000ft in neighboring Upper Ruby cattle allotment pastures before they begin their trail off the Forest. This trailing route has been used since sheep grazing was initiated in the area. All trailing on the BDNF to and from the grazing allotments is controlled by terms specified in the grazing permits. In addition to this historic trailing route on the west side of the Snowcrest Mountains, in recent years, the Lyon Wolverine band of sheep have been reaching the grazing allotments by trailing up the Standard Creek road on east side of the Gravelly Mountains on their way from weed control grazing on private lands in the Madison Valley. This trailing takes approximately two days. In addition to the grazing practices listed above, the following requirements found in the grazing permits and AMPs must also be followed: 1. The number, kind and class of livestock, period of use, and grazing allotment specified in the permit may be modified when determined by the Forest Officer in charge to be needed for resource protection. Except in extreme emergencies where resource conditions are being seriously affected by livestock use or other factors, such as fire, drought or insect damage, notice of scheduled reduction of numbers of livestock or period of use under a term permit will be given one full year before a modification in permitted numbers or period of use becomes effective. 2. When, in the judgment of the Forest Officer in charge, the forage is not ready to be grazed at the beginning of the designated grazing season, the permittee, upon request of the Forest Officer, will defer placing livestock on the grazing allotment to avoid damage to the resources. The permittee will remove livestock from Forest Service-administered lands before the expiration of the designated grazing season upon request of the Forest Officer when it is apparent that further grazing will damage the resources. 3. Dead sheep will be removed from the allotment immediately when found within ¼ mile of a road. If an animal dies or is killed in the vicinity of headquarters camps, streams, lakes, roads, trails, or recreational areas, its carcass must be moved to a point at least 100 yards from live water, or as far away as practical when terrain makes that distance impossible. 4. The permittee shall repair any damage, other than ordinary wear and tear, to roads and trails in the National Forest caused by the permittee where off road or on closed roads and areas. 5. Each camp will be equipped with a shovel and axe for use in extinguishing camp and forest fires. The camp will be kept and left in a sanitary condition. Refuse must be removed from 5

7 the Forest and disposed of in a sanitary landfill. Holding pens, corrals and mangers will be removed or cleaned up when a camp is relocated. 6. All predator control will be in accordance with federal and state law. 7. The permittee and his employees shall not use or place poison, including cyanide guns, for predator control on the area under this permit. 8. No waste or by-products shall be discharged if it contains any substances in concentrations which will result in substantial harm to fish and wildlife or to human water supplies. 9. Vehicle access to install and service camps is shown on the attached map. Travel is restricted to dry ground conditions. 10. The permittee is responsible for clearing trees blocking the authorized travel routes. Driving around trees blocking access on authorized routes is prohibited. 11. Any hay, straw or processed feed used in association with this permit will be certified and tagged as noxious weed seed free as directed by Regional order signed October 9, 1997 by Kathleen A. McAllister for Hal Salwasser, Regional Forester. 12. Compliance with the Special Order No BD/BITT-009, Safe Storage, Possession and Handling of Food and Attractants, signed June 1, 2014 by Melany Glossa, Forest Supervisor. 13. The permittee shall maintain the present improvements as well as any future improvements, appurtenances and furnishings constructed or installed by the Forest Service, in as good condition as received for use, ordinary wear and tear excepted, and shall supply and replace any articles that may be destroyed, broken, or lost, with articles of a like kind and of equal value according to a list of property supplied by the Forest Service. Such improvements, appurtenances, and furnishings shall at all times be maintained and operated by the permittee in a safe condition and manner; and upon termination of this permit, the permittee shall deliver to the Forest Service the premises, improvements, appurtenances and furnishings. 14. The permittee agrees to permit the free and unrestricted access to and upon the premises at all times for all lawful and proper purposes not inconsistent with the intent of the permit or with the reasonable exercise and enjoyment by the permittee of the privileges thereof. 15. Disorderly or otherwise objectionable conduct by the permittee or those occupying the premises with his permission shall upon proof thereof, be cause for termination of this permit. 16. The permittee shall protect the scenic aesthetic values of the area under this permit, and the adjacent FS land, as far as possible with the authorized use, during construction, operation and maintenance of the improvements Forest Plan Direction Specific to Domestic Sheep Allotments in the Gravelly Mountains Monitoring shows that Forest Plan interim livestock grazing standards are being met. This includes upland maximum utilization level, winter range and riparian utilization standards. The primary grazing practice of once over lightly grazing results in a maximum forage use level of 35% and complies with the 35% forage use level for winter range prescribed by the 2009 Forest Plan. Moose winter range fluctuates much from year-to-year depending on snow conditions however moose generally remain at high elevations in the Gravelly Mountains in the winter. All willow-dominated habitats function as potential moose winter range in these allotments. 6

8 In addition, the 16 primary grazing practices listed above address Forest Plan Aquatics Resources Standard 17: Limit livestock trailing, bedding, watering, salting, loading and other handling efforts to those areas and times that would not retard or prevent attainment of desired stream function or adversely affect native fish and sensitive aquatic species. The overall unique nature of how sheep graze along with the grazing practices greatly reduce livestock impacts in riparian areas. Allotment administration field reviews over many years have shown improved vegetation and soils conditions on all sheep allotments. Annual Grazing Allotment Compliance Reports for the last 17 years have shown all sheep allotments meeting standards. No sheep allotment has been called out of compliance with the terms and conditions of the grazing permits or AMPs. Domestic Sheep Allotment Specific Information Barnett S&G Analysis for the Barnett S&G AMP is disclosed in an Environmental Analysis Report dated November 13, The AMP for the allotment was approved November 13, The allotment is grazed following a three camp unit deferred rotation system ewe/lambs are permitted to graze the allotment from July 11 to September 21. There are no structures currently on the allotment and none are planned. Black Butte S&G The Black Butte S&G Management Plan was approved June 17, The allotment is grazed following a four camp unit deferred rotation system ewe/lambs are permitted to graze the allotment from July 12 to September 16. There is a cabin, corral and horse pasture located on the allotment. No other structures are planned. Coal Creek S&G Analysis for the Coal Creek S&G AMP is disclosed in a Documentation of Notice and Finding of No Significant Impact for the Evaluation narrative, Environmental Assessment (EA) signed May 21, The AMP for the allotment was approved on the same date. The allotment is grazed following a three camp unit deferred rotation system ewe/lambs are permitted to graze the allotment from July 1 to July 17 and September 21 to October 6. There are no structures currently on the allotment and none are planned. Cottonwood S&G Analysis for the Cottonwood S&G AMP is disclosed in the Decision Notice and Finding of No Significant Impact and Environmental Assessment (EA) for the North Gravelly/Snowcrest AMP Updates signed February 1, The AMP for the allotment was approved April 2, The allotment is grazed following a six camp unit deferred rotation system ewe/lambs are permitted to graze the allotment from July 12 to September 16. One trough is currently located on the allotment. No other structures are planned. Fossil-Hellroaring S&G Analysis for the Fossil-Hellroaring S&G AMP is disclosed in the Decision Memo (DM) Fossil/Hellroaring S&G Revised Allotment Management Plan signed April 11, The AMP for the allotment was approved April 8, The allotment is grazed following a four camp unit deferred rotation system ewe/lambs are permitted to graze the allotment from July 19 to September 20. There are no structures currently on the allotment and none are planned. 7

9 Lyon-Wolverine S&G Analysis for the Lyon-Wolverine S&G AMP is disclosed under Categorical Exclusion for the Lyon Mountain/Wolverine Allotment Management Plan signed March 7, The AMP for the allotment was approved May 31, The allotment is grazed following a five camp unit deferred rotation system ewe/lambs are permitted to graze the allotment from July 11 to September 21. There are no structures currently on the allotment and none are planned. Poison Basin S&G Analysis for the Poison Basin S&G AMP is covered under an Environmental Analysis Report approved June 27, The AMP for the allotment was approved June 27, The allotment is grazed following a three camp unit deferred rotation system ewe/lambs are permitted to graze the allotment from July 17 to October 6. There is a cabin, shed, toilet, corral and horse pasture located on the allotment. The permittee is also responsible for maintenance of the Upper Ruby C&H boundary fence located on the west side of the allotment. No other structures are planned. Upper Ruby Grazing by Domestic Sheep Upper Ruby Cattle and Horse Allotment, Riparian (Middlefork) and Basin Pastures Analysis for the domestic sheep grazing of secondary range in the Upper Ruby Cattle and Horse Allotments AMP is disclosed in the Environmental Impact Statement approved June 8, The AMP for the allotment was approved May 12, The Basin pasture is grazed by both the Poison Basin and Coal/Fossil Hellroaring Sheep permitted on June 20 until the larkspur has been topped. The Poison Basin band then moves to the Riparian (Middlefork) Pasture to top larkspur until their July 17 on date for Poison Basin S&G allotment (read above). The Fossil- Hellroaring band leaves the Basin pasture to the Coal Creek S&G allotment around July 1 prior to their on date on the Fossil/Hellroaring S&G allotment. Rescission Act Schedule The Rescissions Act of 1995 (P.L ) Section 504(a) and the 2004 Appropriations Act (P.L ) Section 325 requires the Secretary of Agriculture to schedule when Forests will complete environmental analysis and documentation required under the National Environmental Policy Act for all grazing allotments. This schedule is set at the discretion of the Secretary and periodically reviewed and updated to account for completed environmental analysis and adjust timeframes due to agency workload management and priorities. As part of the scheduled NEPA process, the BDNF develops updated AMPs considering management alternatives. Through various riders, Congress requires reissuance of expired, transferred or waived grazing permits prior to completion of NEPA analysis for AMP revisions. Existing term grazing permits authorizing domestic sheep on the seven allotments were issued following this Congressional direction. Review of New Information Reintroduction of Bighorn Sheep Bighorn sheep historically occupied the Gravelly Landscape. They were likely extirpated from the Gravelly Landscape in the early 1900s, probably due to excessive hunting by miners/settlers and disease. Bighorn sheep were reintroduced into the Greenhorn Mountains in 2003 and 2004 by MFWP, under their legislated authority, following approval of the transplant by the MFWP 8

10 Commission in May, The BDNF s November, 2016 Forest Plan DSEIS (pg. 6-8) describes the environmental analysis process completed by MFWP for the proposed transplant and adoption by the MFWP Commission of recommended management practices intended to successfully establish the transplanted individuals as a new herd in the Greenhorn Mountains. Greenhorn Herd Observation Data The primary purpose and reasoning behind the MFWP proposal of re-establishing bighorn sheep in native habitat, in adding to the biodiversity of the area and providing benefit to the public through both huntable and watchable wildlife opportunities (MFWP 2001) has been partially met in the Greenhorn Mountains. The Greenhorn herd has been established and provides watchable wildlife opportunities, especially from the Upper Ruby Road near the Ruby Reservoir and Upper Canyon Ranch during the winter. In 2017, MFWP determined that hunting will be recommended. The 2010 Montana Bighorn Sheep Conservation Strategy (pg. 222) recommends hunting when three of the following four criteria are met for a minimum of three successive years: 1. The population is at least 75 observable sheep. 2. There are at least 30 rams:100 ewes 3. More than 30% of the rams are at least ¾-curl 4. There are at least 30 lambs:100 ewes. Documented in Appendix B is the MFWP Sheridan Area Wildlife Biologist Dean Waltee s message of July 14, 2017 which provides a summary of Greenhorn herd survey information and the details behind recommending a hunting season. This also includes as attachments two spreadsheets and two maps showing bighorn sheep observation locations. As explained in the , the Greenhorn herd exceeded criteria 2, 3, and 4 during each of the last three years. The MFWP biologist intends on submitting a proposal to recommend a limited male harvest opportunity across the Greenhorn bighorn population during the upcoming biennium. The conservation strategy recommends an initial male harvest of approximately 10% of the total rams observed during annual surveys. Even though the number of observed rams was near 20 this past year, the recommendation is to initiate with one permit, understanding that more than one harvest could occur via the Governor s and Montana super tag holders. Given the minimum number of rams in the population, documented annual lamb and yearling recruitment, and survival of rams into older age classes, FWP believes an annual harvest of one ram is currently sustainable. There is no female harvest recommended at this point. The population management goal would remain growth. Limited male harvest would not be expected to prevent population growth as that is influenced by female survival, lamb production, and recruitment. From May 1, 2016 through April 30, 2017, MFWP biologist Waltee recorded all Greenhorn bighorn sheep observations personally made or collected from others. During the general hunting season, he asked each hunter passing through the Alder Check-station (N = 1,079) about bighorn sheep observations. Hunters reporting at the Alder Check-station provide information from a large percentage of the Ruby River Watershed especially the public land portions. From late February through early April, he spent several days afield searching for and classifying bighorn sheep from the ground across the middle portion of the Ruby Watershed. The area covered includes known winter concentration areas and does not include all possible 9

11 bighorn sheep use areas. Occasionally he also detects bighorn sheep from the air while completing trend surveys of other wildlife species. This information allows him to track minimum known distribution, minimum known population, and population vital rates. From May April 2017, FWP biologist Waltee documented 45 bighorn sheep observations. A minimum of 48 sheep were observed in 2016 and a minimum of 59 documented in The map titled May 2016-April 2017, included in Appendix B, shows the locations of the observations. The number labels associated with each observation location correspond to the identification number in the bighorn data tab within the attached spreadsheet. The map titled November 2013-April 2017, included in Appendix B, shows the locations of all observations of live bighorn sheep Dean Waltee documented since taking over as the area biologist. No additional observations have been documented outside of these areas (pers. comm between Jenna Roose USFS and Dean Waltee on 11/16/2017. A citizen s count showed at least 50 bighorn sheep in (Comment letter from Allen Schallenberger.) MFWP bighorn sheep observations represent the minimum number of bighorns known alive, and not the total population. Given the large and geographically diverse area the Greenhorn herd uses, MFWP has made clear that it does not observe every individual sheep during ground-based survey efforts. The total population is an unknown number higher than the minimum number alive. Of the 2017 observations, the MFWP classified 42 of the bighorn sheep consisting of 14 ewes, 9 lambs, and 19 rams (3 yearlings and 16 adults). The observed lamb: ewe ratio was 64: 100 compared to 30: 100 last year and a long-term average (LTA) of 47: 100. The observed total ram to ewe ratio was 136: 100 compared to 65: 100 last year and 56: 100 in The observed adult ram: ewe ratio was 114: 100 compared to 50: 100 each of the last two years. The observed yearling ram to ewe ratio was 21: 100 compared to 15: 100 last year and 6: 100 in Of the 16 adult rams observed, 37% were ¾ curl compared to 69% last year and 70% in The observed total and adult ram: ewe ratios were a-typically high, even for an un-hunted population. Although the data shows an increasing ram: ewe ratio that MFWP believes is real, the ratio observed this year suggests that a measurable group of ewes and lambs was missed and thus observed a higher percentage of the ram than the ewe population, or a ewe/lamb group experienced high mortality between spring 2016 and spring During his late winter/early spring efforts, MFWP biologist Waltee never did observe a ewe/lamb group that typically winters between Davey and Barton gulches. Several local houndsmen reported elevated mountain lion concentration in this area during the 2016/17 winter period. Continued monitoring should provide a better understanding of this relationship. The maps in Appendix B show Greenhorn herd observations and from these observations MFWP has identified a core distribution area where bighorn are observed annually. This updated area can be found on the maps in Appendix A. The distribution area includes areas where bighorn sheep are annually observed as it is not clear that isolated observations outside of this area represent distribution expansion or simply remain isolated occurrences. This known distribution area was identified by MFWP biologist Dean Waltee to include the Greenhorn Mountains, the west side of the Snowcrest Mountains to the Devils Hole, and the lower portion of Hinch Creek in the Ruby Mountains. ( communication from Dean Waltee.) This updated bighorn sheep distribution area is shown on the maps in Appendix A. 10

12 Domestic Sheep Grazing BDNF Lands and Private Lands At the time of the 2003 and 2004 transplants, domestic sheep were permitted to graze seven allotments in the Gravelly Mountains in the same manner described above in the AMP section. In addition, domestic sheep and goats were known to graze private property north and west of the Greenhorn Mountains. Domestic sheep grazing practices (area grazed, number of animals, season of use, forage utilization, etc.) have remained constant on the permitted BDNF allotments. However, domestic sheep grazing practices may vary on private property, at the discretion of the landowner. As of January 2016, 19,300 sheep and goats were inventoried in Beaverhead and Madison Counties 6 (USDA 2016, pg. 63). Based on this inventory, 11,500 7 more sheep and goats graze in the general area on private lands than what is permitted for the roughly 3-month summer grazing season on BDNF sheep allotments. Domestic sheep and goats grazing on private property in Beaverhead and Madison Counties contrasts with domestic sheep grazing on the BDNF in terms of ability to manage grazing to avoid potential impacts to the Greenhorn bighorn sheep herd. In the Madison valley, there are a few landowners known to have either domestic sheep or goats. Five landowners in the McAllister area have domestic sheep or goats, one landowner in the southern Madison Valley, south of Cameron, three owners of goats/sheep in and near the town of Ennis. In the Ruby Valley, there are a couple domestic sheep/goat owners near the town of Laurin. Bighorn Sheep - Consideration of Commingling MFWP biologists annually observe bighorn sheep in the Greenhorn Mountains, Ruby Mountains and the Snowcrest Mountains (as explained above and in Appendix A and B). These observations, as well as observations from hunting publics from MFWP check stations conducted during general rifle season, are collected annually and shared with the public and Forest Service. During the spring and fall prior to when domestic sheep are trailing on and off the Forest and through the neighboring State Wildlife Management Area (WMA), permittees have been contacting the local MFWP biologist to determine if any bighorn sheep are known near the trailing route. Coordinating with MFWP and Forest Service officials will help minimize potential commingling of wild and domestic sheep, however it is still possible. There has been no known commingling of bighorn sheep and Forest Service permitted domestic sheep on the allotments or during trailing to the allotments. Bighorn sheep have been observed on Forest Service lands in the Greenhorn Mountains and the Snowcrest Mountains, but there have been no recent confirmed observations in the Gravelly Mountains. In the Snowcrest Mountains, several bighorn sheep have been observed north of the trailing route (separated by Hogback Mountain) with one bighorn sheep observed south of the trailing route in November 2016 near Sawtooth Mountain. However, trailing through The Notch of the Snowcrest Mountains occurs during a short period of time (couple of hours) and to date there has been no known commingling of bighorn sheep and trailing domestic sheep, with coordination occurring 6 Agriculture statistics for both Madison and Beaverhead Counties are used because the Greenhorn Mountains and BDNF sheep allotments are located in Madison County and the livestock operators holding domestic sheep grazing permits on the BDNF have ranch headquarters in Beaverhead County. 7 19,300 sheep/goats 7,800 ewe/lamb pairs permitted on the BDNF = 11,500 sheep/goats grazing in Beaverhead and Madison Counties somewhere other than the BDNF. 11

13 between pemittees and MFWP/Forest Service to reduce the risk of commingling. There have been no MFWP observations of bighorn sheep on the allotments. Domestic sheep also graze in the spring in the Riparian and Basin pastures of the Upper Ruby Cattle and Horse allotment while trailing to the Gravelly sheep allotments. The Basin pasture is grazed by both the Poison Basin and Coal/Fossil Hellroaring sheep and are permitted on the allotment beginning June 20 until the larkspur has been topped. The Poison Basin band then moves to the Riparian (Middlefork) Pasture to top larkspur until their July 17 on date for Poison Basin S&G allotment. The Fossil-Hellroaring band leaves the Basin pasture to the Coal Creek S&G allotment around July 1 prior to their on date on the Fossil/Hellroaring S&G allotment. The Upper Ruby Cattle and Horse allotment is not modeled bighorn habitat due to its open and riparian character and there have been no observations of bighorn sheep on the Upper Ruby Cattle and Horse allotment Basin or Riparian Pastures. Comment letters assert that in 2013 one dead bighorn ewe was observed near Black Butte within or near the allotments. The Forest Service, in response to these comments, specifically discussed this 2013 carcass with MFWP (See Appendix D). Due to the passage of time, MFWP (and subsequently the BDNF) cannot verify if the observed carcass was a bighorn ewe or determine cause of death, source herd and if domestic/bighorn commingling occurred. Individual bighorn sheep have the ability to foray long distances and, because bighorns are wild animals, such forays are difficult to predict in terms of distance, location and frequency. MFWP manages bighorn sheep populations as described in the 2010 Conservation Strategy and recognizes a risk of pathogen exposure and spread from one bighorn herd to another. Even if the agency could verify the observation, MFWP would not view presence of an individual animal as indication a herd is establishing or tendency of a herd to disperse and occupy a new area (See Appendix D). Habitat in the vicinity of Black Butte is limited and lacks seasonal components needed for year-round use. MFWP did not have additional recommendations for reducing the risk of pathogen exposure to bighorn sheep and because of minimal domestic bighorn sheep conflict to date, sees no need to alter current management of domestic sheep permitted on the BDNF. However, future reviews of domestic sheep management may be warranted if bighorn sheep routinely appear in the vicinity of the domestic sheep allotments and domestic-bighorn conflicts arise. The 2001 MFWP EA assumed transplanted sheep would establish a new herd in the Greenhorn Mountains in the absence of domestic sheep but, as a precaution, included provisions for managing individual bighorns that risked exposure to pathogens by commingling with domestic sheep permitted on the BDNF in the Gravelly Mountains or grazing private property elsewhere in Beaverhead and Madison Counties. During a species transplant, it is common for some individuals to leave the transplant area as the transplanted animals adjust to an abrupt change in location in the case of the Greenhorn herd, animals were trapped from the Missouri Breaks and Rocky Mountain Front and moved to a new and unfamiliar (to them) mountain range. Provisions included in the MFWP Commission decision approving the transplant protected bighorn and domestic sheep in the event bighorn sheep moved out of the transplant area and the species risked commingling. Some individuals and organizations continue to raise concerns based on analysis assumptions in the 2001 MFWP EA and public comment on the EA. Specifically, Gallatin recently identified a comment from a sheep producer in March, 2001 that interaction between bighorn and domestic sheep would be inevitable. To address that landowner concern in 2001, MFWP included 12

14 preventive measures reducing the risk of disease transmission to the entire bighorn sheep herd should individual bighorns risk pathogen exposure by commingling with domestic sheep. The MFWP Commission approved the transplant following adoption of additional measures formalized in an MOU (described below). An indication of the effectiveness of these preventive measures, including separation of occupied bighorn habitat in the Greenhorn Mountains from domestic sheep herds in Beaverhead and Madison Counties is the lack of pneumonia outbreaks in the Greenhorn herd compared to other bighorn sheep herds. In 2010, pneumonia outbreaks and subsequent population declines occurred in several bighorn herds in western Montana. However, the Greenhorn herd currently remains disease free. The 2003/2004 transplants followed MFWP general guidelines approved in Since that time, MFWP transplant guidelines were revised in the 2010 Montana Bighorn Sheep Conservation Strategy (pg. 59) to reflect changes in laws and policies. Preventive measures (spatial separation, lethal removals etc.) and habitat evaluations utilizing GIS mapping and modeling efforts, viewed as relatively new in the 2001 EA were incorporated into the 2010 Conservation Strategy and recommended by the Western Association of Fish and Wildlife Agencies in Objectives for the Greenhorn bighorn population identified in the 2010 Conservation Strategy (pg. 84 and ) direct future management of the species in the Greenhorn Mountains - not the 1995 transplant guidelines. While it remains possible the species could commingle on BDNF sheep allotments in the Gravelly Mountains or along the trailing route in the future, information gained since the 2003/2004 transplants show that bighorn have coexisted within 5 miles of domestic sheep grazing for 13 years. Commingling on BDNF lands has not occurred. Disease has not been spread to these bighorns. Assumptions in the 2001 MFWP EA were made prior to the reintroduction of bighorn sheep in the Greenhorn Mountains and Gravelly Landscape. MFWP now knows what habitats have been occupied by bighorn sheep since reintroduction and have a better understanding of their initial dispersal. However, what habitats bighorn sheep will continue to occupy in the future is influenced by many dynamic factors (extreme weather, predation, population, large scale wildfire) and, therefore is not known for certainty. (MFWP Comment Letter Appendix E.) Typical of species transplants, some individual bighorns left the transplant site after release. When bighorns risked commingling with domestic sheep off BDNF land, they were lethally removed by MFWP to protect the Greenhorn herd from possible pathogen exposure and reduce the potential for domestic ewes interbreeding with bighorn sheep as proposed in the MFWP EA and approved by the MFWP Commission. Bighorn sheep leaving the Greenhorn transplant area generally traveled west, southwest and north (see Appendix A). The 2001 EA considered a potential for commingling of the species on BDNF sheep allotments or along the trailing route, however that has not occurred in the 13 years since the transplant. Additionally, the EA acknowledged the need to conduct an updated assessment if bighorns become established in the Snowcrest Mountains. MFWP is currently in discussion on this topic as bighorns are present year-round in the western portion of the Snowcrest Mountains to Devils Hole (see Appendix A). The 2001 EA estimated the Greenhorn Mountains could support bighorn sheep. In 2001, MFWP proposed reintroducing a population of bighorn sheep in the Greenhorn Mountains that did not exceed 200 animals. If vegetation monitoring indicated a higher carrying capacity, MFWP would initiate an amendment to the 2001 EA to determine if the population should be allowed to expand (2001 MFWP EA, pg. 5). The 2010 Conservation Strategy identifies a 13

15 population objective of 125 bighorn sheep for the Greenhorn herd. Habitat that is currently available is being used by bighorns in the Greenhorn Mountains and is estimated to be sufficient to meet this population objective. MFWP encourages maintenance and improvement of the existing habitat on public lands in the Greenhorn Mountains so bighorn sheep continue utilizing public lands rather than moving onto private lands (MFWP, 2010, pg ). The September 2001 MFWP Decision Notice (pg. 9) identified a relatively low likelihood of contact between domestic and wild sheep in the transplant area after considering potential effects from the presence of domestic sheep on the BDNF and other lands. Grazing practices on the domestic sheep allotments have not substantially changed (presence, location and season of use have remained constant) since MFWP proposed transplanting bighorn sheep into the Greenhorn Mountains. We cannot state that no wandering ram may ever come in contact with permitted domestic sheep grazing in the Gravelly Mountains as commingling of species on the permitted allotments or along the trailing route is possible. However, with the existence of the MOU, all interested parties are committed to coordinate with each other to address commingling events and remove the individuals who have commingled with domestic sheep. This measure reduces the potential for future die-offs by preventing disease transmission to wild sheep from animals known to have contacted domestic sheep. Further, the reintroduction of bighorn sheep by MFWP was purposely constrained to the Greenhorn Mountains. MFWP s 2001 environmental assessment states that [i]f bighorns expand beyond the Greenhorn Mountains, an amendment will be initiated to determine if populations should be allowed to expand. MFWP is currently discussing this topic. MFWP has documented bighorn use of the Snowcrest and Ruby Mountains, and is currently monitoring these expansions, aided by the management MOU, to improve understanding and help inform long-term management recommendations. Measures Taken to Minimize Risk of Commingling WAFWA Recommendations As discussed above, there has been no known commingling of wild with domestic sheep or disease transmission between the two since reintroduction of the Greenhorn herd either during allotment grazing or during trailing of domestic sheep to the allotments. However, the BDNF and the permittees recognize it is important to continue to work together to minimize this risk. The Western Association of Fish and Wildlife Agencies published in 2012 its latest Recommendation for Domestic Sheep and Goat Management in Wild Sheep Habitat (hereinafter WAFWA Recommendations). These recommendations are intended to provide an approach for reducing risk of commingling/association between domestic sheep and bighorn. (See specifically recommendations at pages 17-18). Discussed below is a summary of the WAFWA Recommendations to reduce the risk of commingling and the measures currently being taken by the permittees and agencies. Reporting: WAFWA Recommendations: prompt and accurate reporting where commingling is possible or occurs; fluency in English or translators for herders to facilitate accurate reporting; cell phones to herders for accurate reporting; recording of domestic sheep locations, counts, losses and other information; and use of only experienced sheep herders. 14

16 The 2016 Memorandum of Understanding provides for reporting by grazing permittees to the Montana Fish, Wildlife and Parks of bighorn sheep greater than ½ mile from domestic sheep and for reporting within 24 hours or as soon as practicable of any killing of bighorn sheep. MFWP then reports to the Forest Service. To facilitate accurate reporting herders use cell phones on the Gravelly sheep allotments and report to the permittees who are able to effectively translate. Herders report regularly to permittees regarding location, counts and losses of domestic sheep. Herders are required to comply with permit terms and in partnership with the permittees, are experienced herders. All the sheep allotments are divided into camp units to facilitate a deferred rotation grazing system where each camp unit is grazed by domestic sheep at different times from year to year, allowing plant recovery and mostly uninterrupted plant development and reproduction. Each band is accompanied by a herder who manages the sheep throughout the grazing season. Specific grazing practices are followed when grazing and moving bands across an allotment. The Annual Operating Instructions, made part of the permit, require record keeping of actual numbers and actual use dates of pasture/camp unit movement throughout the season, and notification of the date the permittee plans to enter the Forest. In addition, grazing practices to be followed on all seven domestic sheep allotments in the Gravelly Mountains include bedding practices and use of guard dogs as provided in Annual Operating Instructions. (See discussion above in section AMP/Grazing Permit Requirements for Sheep Allotments in the Gravelly Mountains. ) Commingling of Bighorn and Domestic Sheep: WAFWA Recommendations: implement an option to allow the permittee or agency representative to remove individual commingling wild sheep; and collection of standardized diagnostic samples from stray domestic sheep or commingling wild sheep. The 2016 Memorandum of Understanding provides for the Montana Fish, Wildlife and Parks to issue the grazing permittees a kill permit with specific stipulations in terms of reporting and maintaining the carcass of the bighorn sheep for collection by the MFWP. The Memorandum of Understanding also provides for the MFWP, if the MFWP identifies potential risk of commingling based on their knowledge of individual bighorn sheep locations, to cooperatively work with the grazing permittees to identify appropriate management actions. Marking and Counting of Sheep: WAFWA Recommendations: domestic sheep are individually marked to provide for ownership identification of stray animals; counting when scattering occurs and regularly during general grazing; and count-on and count off inventory. Permittees employ the recognized method of counting sheep by the use of sheep bells and black marker sheep throughout the grazing season. Lost sheep have not been an issue related to the Gravelly Sheep allotments and the BDNF has no record of a small group of sheep being separated from the larger herd going unnoticed by the herder. Each domestic sheep band is accompanied by a herder who manages the sheep throughout the grazing season and are with the sheep all day every day. The permittees have methods in place if sheep are missing whereby the herder immediately notifies the permittee and a search is commenced including employing aerial flights as necessary. Owner identification of sheep is not an issue as sheep are visibly marked with identification paint brands. This Review discusses the grazing practices 15