State said westward I N: R.3E.) z - a Decision Memo Korell Outfitter and Guide Special-Use Permit Amendment U.S. Forest Service Emmett Ranger District Boise National Forest Gem and Valley Counties, Idaho BACKGROUND Currently, there are no authorized outfitter and guide services available on the west side of the Emmett Ranger District. This decision will extend the operational area for Korell Outfitters to the west side of the Emmett Ranger District. This extension will be authorized in an amendment to an existing special-use permit and will permit two hunting trips each for bear and mountain lion on an annual basis; hunting trips for other game species will not be permitted by this action. The hunts will utilize dogs to track both bear and mountain lion; baiting will not be used. Guiding operations will comply with the current rules and regulations established by the Idaho Department of Fish and Game and the Idaho Outfitters and Guides Licensing Board. In addition all activities associated with this action must abide by the current Motor Vehicle Use Map (MVUM) for the Emmett Ranger District of the Boise National Forest. Each trip would last up to six days. Mr. Korell is.requesting a maximum of 25 use days. PROJECT AREA Korell Outfitters is proposing to provide two guided hunting trips each for bear and mountain lion harvest within Idaho Fish and Game hunting units 32 and 32A, described as: Beginning at the junction of State Hwy 52 and State Hwy 55 at Horseshoe Bend, Idaho (Sec. 27, T6N, R.2E.) then following Hwy 55 north to Smiths Ferry (Sec. 10, T'J then turning westward on FS Road 626 until its intersection with the Squaw Cr. - NF Payette River divide (Sec. 31, Til l N; R.2E.) then following divide until its intersection with the Squaw Cr. - Little Weiser River divide (Sec. 1, T13N, R.2E.) then following on said divide until its intersection with the Willow Cr. - Squaw Cr. Divide (Sec. 3, T12N, R.1E.) then following south on said divide until its intersection with Butte Road east until its intersection with Sweet/Ola Hwy. then following said Hwy south until its intersection with State Hwy 52. Then following State Hwy 52 east until said point of beginning. - Korell O&G SUP Amendment Decision Memo - Page 1 of 6
""-d - DECISION I have decided to amend special-use permit LMN563907 to allow the permit holder to outfit and guide two bear hunters and two mountain lion hunters each year on the west side of the Emmett Ranger District (see area description above). This action is categorically excluded from documentation in an environmental impact statement (EIS) or an environmental assessment (EA). The applicable category of actions is identified in the Code of Federal Regulations as 36 CFR 220.6(e)(3); Approval, modification, or continuation or minor special uses ofnfs lands that require less than five contiguous acres ofland. This category of action(s) is applicable because no campsites or other fixed locations are included in this authorization. Hunting of mountain lions and bears is generally a linear pursuit of the game animal that does not impact more than five contiguous acres of land. I find that there are no extraordinary circumstances that would warrant further analysis and documentation in an EA or EIS. I took into account resource conditions identified in agency procedures that should be considered in determining whether extraordinary circumstances might exist: Federally listed threatened or endangered species or designated critical habitat, species proposed for Federal listing or proposed critical habitat, or Forest Service sensitive species - There is no critical wildlife habitat present in the area and the activities associated with this proposal are not expected to have any effect on fisheries or fish habitat present in the area. Flood plains, wetlands, or municipal watersheds - There are floodplains and wetlands throughout the permit area, however, the proposed activities (i.e. hunting, tracking, and driving on authorized routes) are not expected to result in negative effects to those areas.. Congressionally designated areas such as wilderness, wilderness study areas, or national recreation areas - There are no congressionally designated wilderness areas, wilderness study areas, or national recreation areas in or near the project area. Inventoried roadless areas or potential wilderness areas - There are approximately 19,947 acres of inventoried roadless acres within the permitted area. No impacts to roadless are anticipated as the proposal does not include authorization for motorized use beyond what is identified in the Motor Vehicle Use Map for the Boise National Forest. Research Natural Areas - There are approximately 717 acres of research natural areas within this project. No impacts to these acres are anticipated as a result of activities associated with the outfitting and guiding of bear and mountain lion hunting. American Indians and Alaska Native religious or cultural sites - No known American Indian religious sites or traditional cultural properties exist within the project area. Tribal coordination occurred with the Nez Perce, Shoshone-Bannock, and Shoshone-Paiute Tribes, consistent with each tribe's consultation protocol. No concerns were identified during this process. - Korell O&G SUP Amendment Page 2 of6 Decision Memo -
Archaeological sites, or historic properties or areas - No effects to historic properties are anticipated as a result ofthe activities associated with this project. The Idaho State Historic Preservation Officer concurred with the Boise National Forest's determination of No Adverse Effect on January 31, 2014. PUBLIC INVOLVEMENT This action was listed as a proposal on the Boise National Forest Schedule of Proposed Actions and updated periodically during the analysis. Twenty-three written comments were received during the scoping period. The comments received did not document any biological or environmental consequences of permitting the expansion of outfitter services or result in project-specific mitigation measures. The comments can be grouped into three major topics and are summarized and addressed below. Several commenters were concerned that allowing an outfitter to guide on the west side of the Emmett Ranger District would result in bear and lion tag set aside. That is, the fear is that a number of tags would be removed from the 100 available to the public for sole use by the outfitter. Currently, hunting tag set asides only apply to deer and elk and are not available for lion and bear hunting. Several individuals commented that allowing an outfitter and guided hunters would only increase competition within a confined area ofthe National Forest and would result in a lower quality hunting experience. The Idaho Fish and Game manages the number of tags available in any unit for hunting game species; the number of tags in a draw unit sets the level of competition. Only 100 bear tags are available on the west side of the Emmett Ranger District. Hunters wishing to utilize the permitted outfitter will first have to draw a bear tag for the area in question and two of these individuals (who have drawn a tag) can then hire the permitted outfitter to guide them. While mountain lion hunting is not conducted under the permit system within units 32 and 32a it is heavily regulated and the proponent will only be allowed two lion hunting trips per year. Other concerns were raised regarding the use of full-sized vehicles by the outfitter on snowmobile trails. This activity will not be permitted. In addition, the use of snowmobiles or other motorized over-snow machines will not be permitted through this action. FINDINGS REQUIRED BY OTHER LAWS AND FINDINGS As proposed, this project is consistent with all laws affecting National Forest Management, including the National Forest Management Act, the Endangered Species Act, the Clean Air Act, Clean Water Act, the American Antiquities Act, and the Idaho Forest Practices Act. There will be no adverse effects on health, human safety, consumers, minorities, civil rights, American Indian rights, or women. This decision is consistent with the Land and Resource Management - Korell O&G SUP Amendment Decision Memo - Page 3 of 6 Plan for the Boise National
7?: - Forest (Forest Plan), as amended in July 2010, and helps carry out its direction. ADMINISTRATIVE REVIEW (ApPEAL) OPPORTUNITIES This decision is not subject to administrative appeal or objection. On January 17, 2014, the President signed into law the Consolidated Appropriations Act of2014 (Pub. L. No. 113-76). Section 431 ofthe Act directs that the 1992 and 2012 legislation establishing the 36 CRF 215 (post-decisional appeals) and 36 CFR 218 (pre-decisional objections) processes "shall not apply to any project or activity implementing a land and resource management plan... that is categorically excluded... under the National Environmental Policy Act [NEPA]." On February 7,2014, the President signed into law the Agricultural Act of2014 (Farm Bill) (Pub. L. No. 113-70). Section 8006 of the 2014 Farm Bill repealed the Appeals Reform Act (ARA) (Pub. L. No. 102-381). The ARA's implementing regulation was 36 CRF 215. The 2014 Farm Bill also directs that the pre-decisional objection process established in the Consolidated Appropriation Act of2012 shall not be applicable to categorically excluded projects or activities. IMPLEMENTATION DATE This decision will be implemented July 1, 2014. CONTACT For additional information Ranger at 208-365-7001. concerning this decision, contact: Richard Newton, Emmett District ~JJ 1liv Richard E. Newton EMMETT DISTRICT RANGER "Tw~~ } Date dcj(~ - Korell O&G SUP Amendment Decision Memo - Page 4 of6
,Mt -:;-:=;-- (U} T. 44" 22' 30" T. 12N.~! --1-~~~~ Figure 1: North half of permitted area - Korell O&G SUP Amendment Page 5 of 6 Decision Memo -
)1f\t.,,-=- l~ 'Lf-::J I - - '- l---~ ',. 1, -;;'~\'1 T. II N. 1--- ; 44" 15' 00" 44' 07' 30" T. 9 N. R. 2 E. R. 1 E. R. 3 E. ) FOREST SERVICE MAP Constructed in 1996 by automated methods at the Geometrcntcs Service Center. Salt I.o\(o City. UUlh from USFS Primary Base Series Cartographic Peerurc File OU<ldrullglcs. Field -ovtewco by the Inter mountain Huqion, Ouden. Utah. limil0d revision 2000 by the Intermountain Region. Ogden. Utah. 116"07'30:1 '" I Figure 2: South half of permitted area The U.S. Department of Agriculture () prohibits discrimination in all its programs and activities on the basis of race, color, national origin, age, disability, and where applicable, sex, marital status, familial status, parental status, religion, sexual orientation, genetic information, political beliefs, reprisal, or because all or part of an individual's income is derived from any public assistance program. (Not all prohibited bases apply to all programs.) Persons with disabilities who require alternative means for communication of program information (Braille, large print, audiotape, etc.) should contact 's TARGET Center at (202) 720-2600 (voice and TDD). To file a complaint of discrimination, write to, Director, Office of Civil Rights, 1400 Independence Avenue, S.W., Washington, D.C. 20250-9410, or call (800) 795-3272 (voice) or (202) 720-6382 (TDD). is an equal opportunity provider and employer. - Korell O&G SUP Amendment Page 6 of 6 Decision Memo -