Appendix 3. Stipulations and BMPs

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1 Appendix 3 Stipulations and BMPs

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3 Appendix 3. Stipulations and BMPs Note: Full descriptions of applicable BMPs are located at Specific Outfitter/Guide Activities The following stipulations and best management practices (BMPs) apply to specific types of outfitter/guide activities and shall be included in all outfitter/guide permits that authorize these activities within the project area: Camping Do not camp in beach meadows or wetland habitats in order to minimize the impacts to these areas. [Beach and Estuary Fringe, National BMP REC3] Use durable sites, such as gravel areas devoid of plant life, for kayak pullouts and campsites. Use one access trail in and out of a campsite to minimize ground disturbance. [Beach and Estuary Fringe] Locate camps at least 1 mile from known marine mammal haul-outs and Forest Service recreation cabins. [Marine Mammals, Recreation] Limit use of firewood to dead material on the ground and follow Leave No Trace principles. Do not remove or cut live vegetation. [Sensitive and Rare Plants] Follow Leave No Trace principles and pack out all trash or other solid waste. [R10 BMP National BMP REC 3, REC9] If permitted to use a generator or similar device at camp, follow good housekeeping practices to minimize risk of spills entering a watercourse. Locate service and refueling sites well away from wetlands and stream channels. [National BMP FAC6]. Good housekeeping practices include: Collect used oil, oil filters, and grease tubes. Carry absorbent pads. Provide containment and cleanup for portable fuel tanks (including hose and nozzle). Follow approved disposal methods for waste products. Repair equipment leaks promptly. [R10 BMP 12.8, National BMP REC9] If permitted to provide a sanitary facility, locate latrines, vaults or pit toilets at least 100 feet away from perennial lakes and streams. [R10 BMP 12.15, National BMP FAC4, and REC9] Hiking or Walking Use existing paths and game trails where possible to limit trampling or damaging vegetation or sensitive plant habitats. These include open wetlands and beach meadows. [Sensitive and Rare Plants] [Beach and Estuary Fringe] [Wetlands] [R10 BMP 12.10, 16.1] [National BMP REC3 REC9] To minimize further impacts to non-forested and steeply sloping wetlands, and to allow recovery from existing impacts, outfitter/guides and their clients should abandon any user-created trail wider than 2 feet and instead use a route with a durable surface, or use a different site. Outfitter/guides should also Shoreline II Outfitter/Guide Draft Record of Decision Appendix 3-1

4 Appendix 3 Stipulations and BMPs report any user-created trail wider than 2 feet to the Forest Service, and encourage their clients to practice Leave No Trace principles, such as picking hiking routes with durable surfaces (e.g., unvegetated beaches, gravel bars, unvegetated forest duff), and spreading out when hiking over vegetation so no single plant receives multiple footfalls and a trail is less likely to form. [Wetlands] [R10 BMP 12.5, 12.10, 16.1] Reroutes should be out of sight of the existing worn trail to allow for recovery. [Soil and Water] [National BMP REC3 REC9] To minimize disturbance to spawning salmonids and redd trampling outfitter/guides should encourage their clients to choose routes that reduce fish dispersal and limit instream walking. It is suggested that clients should also limit their time spent fishing in one location to 30 minutes or less to reduce the time fish are dispersed from that location. Boating Avoid repeated boat anchoring in vegetated areas where practicable, to minimize adverse effects on eelgrass and other marine vegetation. [Lower Intertidal and Subtidal Areas] Control and minimize air pollution impacts to ensure that predicted emissions from all pollution sources do not exceed Ambient Air Quality Standards as specified under the Alaska Administrative Code, Title 18, Chapter 50. [Air] Flying All flight operators shall comply with FAA restrictions. [Wildlife Viewing] Pilots shall avoid deliberate close overflights of animals for the purpose of viewing. Fixed-winged aircraft and helicopters will maintain a minimum distance of 1,500 feet on overflights or approaches, weather conditions permitting. When on regular flight paths, incidental overflights are allowed. Additionally, flights should maintain a constant flight direction and airspeed. However, if the flight path is near designated critical habitat for Steller sea lions, the air zone extends to 3,000 feet above the designated major rookery or haulout measured vertically from sea level. [Wildlife Viewing, Seabird Rookeries and Waterfowl Concentration Areas, and NOAA Mitigation Measures] Hovering near, herding, harassing, or driving bears or other wildlife in any way is not allowed. If an animal, or group of animals, shows signs of disturbance, the aircraft is too close. [Wildlife Viewing] Use flight paths that avoid known sensitive wildlife areas, including kidding and calving areas, nursery/pupping areas, dens, nest sites, haul-outs, rookeries, feeding groups, and seabird colonies, during critical time periods. [Wildlife Viewing] Establish routes that provide regular and consistent aircraft operations, which will encourage habituation and minimize disturbance to wildlife and listed species. [Wildlife Viewing] All Outfitter/Guide Activities The following stipulations and BMPs apply to all outfitter/guide activities and shall be included in all outfitter/guide permits (with some exceptions noted) within the project area: Appendix 3-2 Shoreline II Outfitter/Guide Draft Record of Decision

5 Stipulations and BMPs Appendix 3 Land Ownership and Access Land ownership is mixed and it is the responsibility of the permit holder to determine ownership and obtain proper authorization for use of private, native, and/or local government-held lands. [Tongasswide stipulation] The Forest Service only authorizes use on National Forest System lands. The permit holder is responsible for understanding where they are authorized to take clients under the terms of their permit. This includes understanding private property and in-holdings selected and pending conveyance to Sealaska Corp under ANCSA. These in-holdings shall be treated as if they have been conveyed into private ownership. [Lands Resources] Use of Public Recreation Facilities The use of public recreation cabins or their amenities (e.g. skiffs, firewood, fire rings, and toilets) by outfitter/guides is prohibited unless specifically authorized in their permit. Exceptions to this rule vary by ranger district/monument. When a cabin is authorized, the permit holder shall adhere to the current Policy for Outfitter/Guide Use of Tongass National Forest Public Use Cabins. [Recreation; Tongass-wide Stipulation] Group Sizes and Distribution Unless otherwise stated in site-specific mitigations (Appendix A and B), group size is limited as follows to the applicable ROS standards and guidelines prescribed by LUDs in the Forest Plan [Recreation]. Include only the applicable stipulation(s) in the permit: Wilderness - Primitive and Semi-Primitive ROS: Group size limit is 12 people (including guides). No more than two groups of up to 12 people (including guides) from a single vessel or other means of transport or access are allowed. These groups are required to disperse out of sight and sound from each other when using National Forest System lands to minimize impacts to a specific site or others using the area. Non-Wilderness - Primitive ROS: Group size limit is 12 people (including guides). Maximum of two groups per day. If more than one group goes ashore at a time the groups shall not be within sight or sound of each other. Non-Wilderness - Semi-Primitive ROS: Group size limit is 20 people (including guides). If more than one group goes ashore at a time the groups shall not be within sight or sound of each other. Other ROS classes and designated large group areas: Group size limit is 75 people (including guides). Large groups are not allowed to camp or conduct consumptive recreational activities such as hunting, fishing or plant collecting. General Outfitter/Guide Operations Outfitter/guides will incorporate Leave No Trace practices into all activities on National Forest System lands in accordance with the R10 Leave No Trace document. [All Resources; Tongass-wide Stipulation] Outfitter/guide activities in the vicinity of known sensitive or rare plant populations and their immediate habitat must be avoided. Resource specialists will provide general locations of sensitive areas of concern and permittees must avoid those areas. [Sensitive and Rare Plants] Prior to entering or re-entering National Forest System lands, all equipment used in outfitter/guide activities, including but not limited to boats, floatplanes, camping gear, boots, clothing, and fishing Shoreline II Outfitter/Guide Draft Record of Decision Appendix 3-3

6 Appendix 3 Stipulations and BMPs waders, shall be inspected and cleaned of all attached or loose soil and plant parts. Follow the ADF&G guidelines to Clean, Drain, Dry, Decontaminate gear: [Invasive Plants, Hydrology and Fisheries] Design activities to minimize disturbance to soil and natural vegetation cover, in order to prevent establishment of invasive plants. [Invasive Plants] If historical, prehistoric, or paleontological objects or sites are discovered during activities under this permit, the permit holder is responsible for assuring that those objects or sites are not disturbed during the course of the activities of the permit holder or the permit holder's clients. This includes digging and disturbing sites, and picking up and removing artifacts from sites. [Heritage Resources] Outfitter/guides will protect karst and cave resources as required by the Federal Cave Resources Protection Act (FCRPA). Cave use is not permitted without an approved Cave Protection Plan. [Karst and Cave Resources] Collecting or disturbing sensitive or rare plants or plant parts is prohibited unless authorized in the permit. [Sensitive and Rare Plants] Requirements Specific to Wildlife With the exception of take regulated by permitted hunts, outfitter/guides shall conduct their activities to avoid disturbing or harassing wildlife, which includes the following [Wildlife]: Birds Reliable maps are unavailable for active nests; outfitter/guides must use their best judgment in respecting nests. If guides notice their activities are disturbing birds near nests, as indicated by frequent, agitated calling or aerial displays, they should move their clients away to a distance that allows the birds to calm down and resume their normal activities. When applicable, resource specialists will provide locations of known sensitive areas and have permittees avoid those areas. If permittees find new nests or colonies they should take necessary precautions given by the standards and guidelines, and notify their permit administrator. Maintain a non-disturbance zone of the following minimum radius distance around each identified active nest tree; within these zones, outfitter/guide activities should be minimized and camping is prohibited: Bald Eagle: 330-foot radius. Nest trees are considered active From March 1 to May 31. From June 1 to August 31 trees with nests containing eggs or young as indicated by the observation of eggs or young eagles or of adult eagles exhibiting nesting behavior are considered active. Avoid flying within 1,000 feet of nests during the breeding season. Osprey: 330-foot radius. Nest sites will be considered active from March 15 to August 15. After August 15, sites with nests containing eggs or young, as indicated by the observation of eggs or young birds, or of adult birds exhibiting nesting behavior, will be considered active. Great Blue Heron, Hawk, and Owl: 600-foot radius. Nest trees are considered active from March 1 to July 31. After August 1, trees with nests containing eggs or young, as indicated by observation of eggs or young birds, or of adult birds exhibiting nesting behavior, are considered active. Goshawk: 600-foot radius. All nest sites will be considered active from March 15 to August 15. After August 15, sites with nests containing eggs or young, as indicated by the observation of eggs or young birds, or of adult birds exhibiting nesting behavior, will be considered active. Peale s Peregrine Falcon: 2-mile radius, exceptions can be made for certain activities deemed as Appendix 3-4 Shoreline II Outfitter/Guide Draft Record of Decision

7 Stipulations and BMPs Appendix 3 low or no risk (consult Forest Service biologist). Nest trees will be considered active from April 15 to August 31. After August 31, trees with nests containing eggs or young, as indicated by observation of eggs, young birds, or by the presence of adult birds in nesting activities, will be considered active. Maintain a non-disturbance zone of the following minimum radius distance; within these zones, outfitter/guide activities should be minimized and camping is prohibited: Seabirds: 820-foot radius of known colonies and rookeries. Seabirds are birds that spend most their live in the open ocean and typically move to coastal areas to breed; examples include puffins and auklets. Waterfowl and shorebirds: 330-foot radius of known concentration and nesting areas. Most waterfowl and shorebirds are migratory and prefer shore habitat and often can be found near wetlands and marshes; examples include sandpipers, oystercatchers, and ducks. Trumpeter Swan: ½-mile of known nesting, brood-rearing, and wintering swans Outfitter/guides shall collect and properly dispose of their garbage to prevent gulls from feeding and gathering on it. For all other bird species, outfitter/guides shall follow good wildlife viewing etiquette practices with their clients. Marine Mammals The term marine mammals encompasses the following species: Steller sea lions, seals, sea otters, dolphins, porpoises, and whales. Outfitter/guides are required to comply with all applicable State and Federal regulations and guidelines including NMFS s regulations governing the approach to humpback whales in Alaska (50 CFR , , and (b)) and NMFS s Marine Mammal Viewing Guidelines at The Forest Service has agreed to implement the following mitigation measures and Best Management Practices to avoid impacts to marine mammals in the action area (Forest Service 2016a). General use Prior to being allocated service days under the proposed action all permitted outfitter/guides will be required to keep current with any informational and educational material provided by the permit administrator discussing marine mammal protection measures. This could include watching video links and/or attending presentations. All outfitter/guide camps will be located at least 1 mile from known Steller sea lion haul out and rookeries (see Figure 1). Shoreline II Outfitter/Guide Draft Record of Decision Appendix 3-5

8 Appendix 3 Stipulations and BMPs Figure 1. All known Steller sea lion haulout (yellow dots) and rookery sites (red dots) within Southeast Alaska (see: If approached by a marine mammal, offering food, discarding fish or fish waste, or any other food item is prohibited. Touching or swimming with marine mammals is prohibited. Vessel Operations Vessels will remain at least 100 yards from marine mammals and rookery/haul-outs. Time spent observing individual(s) should be limited to a ½-hour. Whales should not be encircled or trapped between boats, or between boats and shore. If approached by a whale, put the engine in neutral and allow the whale to pass. Boat movement should be from the rear of a whale. Taking marine mammals protected under the Marine Mammal Protection Act is prohibited. The term take means to harass, hunt, capture, collect, or kill, or attempt to harass, hunt, capture, collect, or kill any marine mammal (50 CFR 216.3). For example, if a boat approaches a pinniped haul-out and sea lions or seals flush into the sea, this change in their natural behavior is considered harassment. Appendix 3-6 Shoreline II Outfitter/Guide Draft Record of Decision

9 Stipulations and BMPs Appendix 3 Waste oil and fuels will be managed in compliance with all State and Federal regulations to prevent pollution impacts to marine mammals. Species-Specific Restrictions Harbor Seals 1. Harbor seal pups are often left alone while the mother feeds. They are not abandoned and should not be disturbed. 2. Outfitter/guide operations within the project area shall follow NMFS s Guidelines for Viewing Harbor Seals in Alaska s Glacial Fjords as practicable to avoid disturbance to harbor seals ( including: a. All vessels (including kayaks and cruise ships) shall keep 500 yards (~0.28 mi) from all harbor seals without compromising safe navigation; b. Practice no wake, avoid abrupt changes in course or engine pitch, and avoid loud noises; c. Avoid traveling through waters with greater than 50% ice cover; and d. When possible, target visits during early morning and evening hours when fewer seals are hauled out. 3. From May 15-June 30 the following guidance is recommended for vessels in Tracy Arm: a. Tracy Arm: During seal pupping, vessels should try to restrict travel to the southwestern half of the Arm within 580 yards (~0.33 mi) of the shoreline, and greater than 1,250 yards (~0.75 mi) from the glacier, to avoid higher seal densities along the eastern side of the arm and closest to the glacier (see Figure 2). b. Tracy Arm: When ice is thick, vessels should stop north of a line drawn east of Tern Point (see Figure 2). Figure 2. Additional Guidance for Tracy Arm from May 15-June30th (see: Shoreline II Outfitter/Guide Draft Record of Decision Appendix 3-7

10 Appendix 3 Stipulations and BMPs Steller Sea Lions For areas designated as rookeries and haulouts for Steller sea lions within the action area: 1. Outfitter/guides operations shall avoid approaching within 3,000 feet landward from the baseline or base point of each major rookery and major haul out within the action area. 2. Outfitter/guide operations shall avoid approaching within air zones 3,000 feet above the terrestrial zone of each major rookery and major haul out measured vertically from sea level within the action area. 3. Outfitter/guide operations shall avoid approaching within aquatic zones 3,000 feet seaward in State and federally managed waters from the baseline or basepoint of each major rookery and major haul-out within the action area. Humpback Whales 1. Outfitter/guide operations within the action area shall adhere to NMFS s Humpback Whale Approach Regulations (50 CFR , , and (b)) as follows: a. Do not approach within 100 yards of a humpback whale. b. Do not place your vessel in the path of oncoming humpback whales causing them to surface within 100 yards of your vessel. c. Operate your vessel at a slow, safe speed when near a humpback whale. 2. In addition, outfitter/guide vessel operations shall follow further viewing guidelines, described here (see Figure 3): a. Avoid approaching humpback whales when another vessel is near. b. Always leave humpback whales with an escape route. c. When several vessels are in an area, communication between vessel operators may reduce the potential for disturbance. d. Do not approach whales head-on. e. When in transit, stay as far as practicable from whales. When viewing whales, start slowing speed at 1 mile and continue speed reduction until vessel is at no-wake speed between 600 feet and the 100 yard legal limit from whales. f. If whale approaches vessel within 100 yards, put engines in neutral and do not reengage propulsion until whale(s) are observed clear of harm s way from your vessel. g. When leaving the area motor slowly away from the animal(s). Appendix 3-8 Shoreline II Outfitter/Guide Draft Record of Decision

11 Stipulations and BMPs Appendix 3 Figure 3. Alaska Humpback Whale Viewing Guidelines. Brown Bears Outfitter/guides shall include bear safety education elements in their safety plans. These elements will include field sanitation, basic bear biology and behavior, how to avoid confrontations with bears in the field, viewing distances, the use of bear spray, and what to do in case of a bear encounter. Outfitter/guides will not harass or chase bears with boats or aircraft. Food and solid waste should be managed according to the following methods. Shoreline II Outfitter/Guide Draft Record of Decision Appendix 3-9

12 Appendix 3 Stipulations and BMPs Outfitter/guides will segregate and store organic wastes and items, such as cans and jars contaminated with organic waste, in a bear-proof container for disposal in an approved disposal site. When storing food and organic wastes outdoors in bear habitat, use sealed bear-proof containers. Do not leave fish or game carcasses near a human use area including a campsite, or other place with high potential for bear/human conflicts. Burn (or pack out) all combustibles and pack out all non-combustibles. Do not discard organic material along or near trails. Never allow bears access to human foods. Baiting and feeding bears and other wild game is prohibited except for trapping furbearers or hunting black bears consistent with State regulations regarding black bear baiting (GMU 1D in the analysis area). The following are guidelines for bear viewing where bears are not habituated to people. This typically means locations that receive a low frequency of visits. Remain far enough away from the bear(s) so human presence, if noticed, does not affect the animal s behavior. Avoid outfitter/guide activities (e.g., camping, hiking, nature tours) within 500 feet of foraging habitat to avoid disrupting bears and to reduce chances of human/bear incidents. Move further away if bears change behavior (e.g., stop foraging, raise head). View bears from safe locations that do not make people vulnerable to a surprise bear approach. Do not approach bears directly. Avoid startling bears. If seen by a bear, avoid moving. Even minor movements will encourage wary bears to leave the area. Never use a motorized vehicle, aircraft, or boat to get close to a bear. Never run from an approaching bear; it may trigger a prey chase response. When moving away from an approaching bear, do so in a slow, deliberate manner. Show respect and courtesy to other bear viewers. Conduct viewing in a way that does not detract from the experience. When possible, approach downwind of bears or areas where bears are likely to be. If possible, arrange for travel to and from the viewing site(s) at the same time each day. Small groups are less likely to disturb bears and have better viewing. Keep group sizes as small as possible, but keep in mind there is safety in numbers. Keep portions of each day visitor free to allow non-habituated bears a period of use without the stress of having people present. The following are guidelines for bear viewing where bears are habituated to people. This typically means large group areas or locations that receive more-frequent visits. Primary use of the area will be by bears; human use will be secondary. Minimize the size of the viewing site(s); limit group size by the space limitations of the viewing site and by the acceptance of the bears as indicated by their behavior. Viewing sites are defined as a specific spot in an area used by people to view bears, such as a pad, platform, blind, or tower. Concentrate viewing to a few sites to minimize disturbance to bears. Avoid viewing bears from sites regularly used by bears; instead, locate viewing site(s) adjacent to these areas. When accessing a view site, use a single trail and have everyone walk single file. Where possible, visually screen your approach and departure to minimize potential disturbance to bears. Minimize the number of trips to and from viewing site(s); instruct groups to plan on only one Appendix 3-10 Shoreline II Outfitter/Guide Draft Record of Decision

13 Stipulations and BMPs Appendix 3 round trip to and from viewing site(s). Minimize the number of groups viewing bears in space and time; a larger group size is generally preferable to an increased number of groups. If possible, arrange for travel to and from the viewing site(s) to occur at the same time each day. Outfitter/guides will be responsible for maintaining control of their clients at all times. Guides are encouraged to use aircraft and boats only for transportation to and from designated onthe-ground viewing site(s) and not for flightseeing or sightseeing in the general vicinity. Human/bear high use zones, such as estuaries and other areas merit special attention. Estuaries are defined in the Forest Plan as An ecological system at the mouth of a stream where fresh water and salt water mix, and where salt marshes and intertidal mudflats are present. The landward extent of an estuary is the limit of salt-intolerant vegetation, and the seaward extent is a stream s delta at low tide. Estuaries and fish stream areas in human/bear high use zones will be managed on a two-tier basis according to the following criteria. Tier I: From the Southeast Alaska Unit 4 Brown Bear Management Strategy: Areas with consistently good bear habitat with repetitive and frequent human use sufficient to generate immediate management concerns (amount of use may vary by location). Includes, but not limited to, Lake Eva Estuary on Baranof Island, and Mud Bay and the head of Idaho Inlet at the Trail River Estuary on Chichagof Island. Required: (a) No campfires, barbeques, or picnics in Tier I locations; (b) no overnight camping in estuary areas or within 100 feet of salmon streams in Tier I locations; (c) visitors will not be transported into estuaries by airplanes, OHVs, jet boats, or helicopters. Visitors will be transported to drop-off points outside of the estuary where they will walk in to the destination. Tier II: From the Southeast Alaska Unit 4 Brown Bear Management Strategy: Areas with consistently good bear habitat where human use is not immediately a problem but has the potential to be a problem and is approaching the level of Tier I areas. Includes, but not limited to, Green s Creek and Pybus Bay Streams on Admiralty Island, and Red Bluff Bay Streams on Baranof Island. Conditions that may change a Tier II area into a Tier I area include, but are not limited to: (a) increased use by commercial and non-commercial users; (b) change in mode of access, such as from non-motorized to motorized; (c) conflicts with bears; (d) evidence of abuse (e.g., littering or making organic material, such as human food scraps, available to bears). Compliance with Tier I direction is voluntary in Tier II areas. Outfitter/Guide Reporting In addition to the stipulations and BMPs listed in this document, outfitter/guides are encouraged to report the following when observed, which will help increase awareness and Forest knowledge about the health of forest resources: Non-developed, user-created trails that are wider than 2 feet. Any sightings of black oystercatchers. Goshawks that are displaying aggressive behavior and/or observations of active goshawk nests. Historic, prehistoric, or paleontological objects or sites. Sensitive plant species (Alaska Region Sensitive Species List). Invasive species (Tongass National Forest High Priority Invasive Plants List). If willing to, guides can document observations with a GPS location and a photo and submit to their permit administrator. Shoreline II Outfitter/Guide Draft Record of Decision Appendix 3-11

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