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DECISION MEMO

PONY CREEK OUTFITTERS SPECIAL USE AUTHORIZATION

U.S. FOREST SERVICE

PAYETTE NATIONAL FOREST

MCCALL AND KRASSEL DISTRICTS

IDAHO AND VALLEY COUNTIES, IDAHO

BACKGROUND

The purpose of the project is to issue a special use authorization to Pony Creek Outfitters for outfitting and guiding activities that provide clients opportunities to hunt in high mountain areas of the Payette National Forest. This action is necessary for Pony Creek to retain the areas previously permitted for these activities, owing to their authorization expiring in December of 2017. Pony Creek Outfitters allows recreationists a unique opportunity to experience backcountry and Wilderness areas of the Payette National Forest in order to engage in big game hunts. A commercial needs assessment completed in 2012 affirmed that there is a need to provide these types of services to the public. Commercial guides allow for a quality experience for Forest visitors that may lack the skills necessary to be in the backcountry on their own and allows guides to provide education about the Forest.

DECISION

a

I have decided to issue a Special Use Permit (SUP) to Pony Creek Outfitters for a new term (10 years) to replace their existing SUP which expires in December 2017. The anticipated timeframe for the new SUP is 2018 through 2027. The existing SUP authorizes outfitting services for big game and spring bear hunts in Idaho Fish and Game Unit 19 in accordance with Idaho State Law. Operations are based on private property with three assigned sites on National Forest lands. Service days are calculated using a formula based on actual use, thus the service days would be reduced from 325 service days annually in the existing permit to 155 service days annually in the new permit. Terms and conditions for the permit will reflect the project design features and mitigation measures in Appendix A.

The Operating Area covers a large area of the northeast portion of the McCall Ranger District, with some use on the Krassel Ranger District. The legal description for the Pony Creek Outfitters Permit Area is: T.20.N., R.7.E., Sec.4,5; T.21.N., R.5.E., Sec.1 ,2,11-14,24,25; T.21.N., R.6.E., Sec.1-22,24,25,27-33; T.21.N., R.7.E. , Sec.2-11,14-22,27-33; T.22.N., R.5.E. , Sec.23-26,35,36; T.22.N., R.6.E., Sec.1,-36; T.22.N., R.7.E., Sec.1-35; T.22.N., R.8.E., Sec.4-9,17,18,19; T.23.N., R.5.E., Secl,11-14,24,25; T.23.N., R.6.E., Sec.1 ,-36; T.23.N., R.7.E., Sec.4-8,17-21 ,28-36; T.23.N., R.8.E. , Sec.31-33; T.24.N., R.5.E. , Sec.12,13,25,36; T.24.N., R.6.E., Sec.7,13-36; T.24.N., R.7.E. , Sec.18-20,27-34; Boise Meridian, Idaho County and Valley County, Idaho State. See Figure 1 and Figure 2.

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Figure 1. Vicinity Map

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Figure 2. Area of Operation

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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 agency procedures as 36CFR 220.6(e)(15) - Issuance of a new special use authorization for a new term to replace an existing or expired special use authorization when the only changes are administrative, there are not changes to the authorized facilities or increases in the scope or intensity of authorized activities, and the applicant or holder is in full compliance with the terms and conditions of the special use authorization. This category of action(s) is applicable because this is a reissuance for a new term for an existing outfitter and the only changes are administrative.

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 - The large operating area includes several listed species, species of management concern, and their habitat. The action is covered under the 2007 Ongoing Action Biological Assessment and Biological Evaluation for fish and wildlife species and critical habitat, and is supported by Biological Opinions from NOAA Fisheries (Ref# 2008/06618) and US Fish and Wildlife Service (Ref# 2009-F-0062). The finding is not likely to adversely affect listed species or critical habitat and required fisheries mitigation measures have been included in Appendix A. Additionally, a project design feature has been added to Appendix A to protect whitebark pine, a candidate species for federal listing.

• Flood plains, wetlands, or municipal watersheds - There are numerous flood plains and wetlands present in the operating area but there are no anticipated impacts of the proposed use.

• Congressionally designated areas such as wilderness, wilderness study areas, or national recreation areas - This project includes or is adjacent to Wilderness, Recommended Wilderness, and Wild and Scenic Rivers. The proposed use is consistent with those designations.

• Inventoried roadless areas or potential wilderness areas - This project includes portions of the following roadless areas and management themes: Cottontail/Pilot Peak IRA managed as Primitive theme; Cottontail IRA managed as Backcountry Restoration theme; Secesh IRA managed as Backcountry Restoration, Forest Plan Special Area, and Wild Land Recreation themes. In accordance with 36 CFR 294.22 (d) this project is consistent with applicable management classification. It was presented to the Idaho Roadless Commission on May 9, 2017 and no concerns were raised.

• Research natural areas -This project includes one Research Natural Area; Pony Meadows. The proposed use is consistent with this designation.

• American Indians and Alaska Native religious or cultural sites - The project was presented to the Nez Perce Tribe as part of the regularly scheduled Quarterly Staff to

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Staff meeting on June 7, 2017. Government to Government Consultation was conducted through the Wings and Roots Native American Campfire program with the Shoshone­Paiute Tribes on May 11, 2017, and individual scoping packages were also forwarded to representatives of the Shoshone-Bannock Tribes on April 21 , 2017. No concerns were raised during Tribal consultation.

• Archaeological sites, or historic properties or areas - This project does not qualify as an National Historic Properties Act undertaking as per 36 CFR 800.16 (Y) and no consultation was done with the State Historic Preservation Officer.

PUBLIC INVOLVEMENT

a

This action was originally listed as a proposal on the Payette National Forest Schedule of Proposed Actions and updated periodically during the analysis. The project website was set up in March 2017 and published in the Schedule of Proposed Activities on April 1, 201 7. Public scoping was opened on May 10th and closed on June 8th. Scoping letters were mailed to 15 addresses and electronic delivery was made to another 270 project subscribers through Gov Delivery. Comments were collected online in the Comment Analysis and Response Application as well as through hardcopy, fax, email, or verbal delivery. No comments were received.

FINDINGS REQUIRED BY OTHER LAWS AND REGULATIONS

This decision is consistent with the 2003 Payette National Forest Land Management Plan. The project was designed in conformance with the following goals and objectives:

• Goal REG007 - Ensure that recreation operations, under or being considered for special use authorizations, provide opportunities, facilities, and services that respond to a demonstrated public need while mitigating conflicts with other users and resources, where possible.

• Goal REGOO 1 - Manage, operate, and maintain a year-round recreation program and recreation resource to meet established standards to provide for health and cleanliness, safety and security, facility conditions, responsiveness to customers, environmental setting and permit administration.

• Objectives REOB16- When a State or Federal license or permit is required for recreation special use activity or operation on the Forest, that license or permit shall be a prerequisite to issuance of any special-use authorization.

ADMINISTRATIVE REVIEW (APPEAL) OPPORTUNITIES

This decision is not subject to administrative review, appeal, or objection. The procedures for legal notice (Sec. 215 .5) and opportunity to comment (Sec. 215 .6) do not apply to projects and activities which are categorically excluded from documentation in an environmental impact statement (EIS) or environmental assessment (EA) pursuant to FSH 1909.15, Chapter 30, section 31. (Sec. 215.4).

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IMPLEMENTATION DATE

Project implementation is anticipated to begin in December of 2017 for a new 10 year term to run 2018- 2027.

CONTACT

For additional information concerning this decision, contact: Susan Jenkins, McCall/New Meadows Districts Recreation Program Manager, 102 West Lake Street McCall, Idaho 83638, email: sjenkins02@fs.fed.us, phone: 208-634-0415 .

Date

In accordance with Federal civil rights law and U.S. Department of Agriculture (USDA} civil rights regulations and policies, the USDA, its Agencies, offices, and employees, and institutions participating in or administering USDA programs are prohibited from discriminating based on race, color, national origin, religion, sex, gender identity (including gender expression}, sexual orientation, disability, age, marital status, family/parental status, income derived from a public assistance program, political beliefs, or reprisal or retaliation for prior civil rights activity, in any program or activity conducted or funded by USDA (not all bases app ly to all programs}. Remedies and complaint filing deadlines vary by program or incident. Persons with disabilities who require alternative means of communication for program information (e.g., Braille, large print, aud iotape, American Sign Language, etc.} shou ld contact the responsible Agency or USDA's TARGET Center at (202} 720-2600 (voice and TIY} or contact USDA through the Federal Relay Service at (800} 877-8339. Additionally, program information may be made ava ilable in languages other than English. To file a program discrimination complaint, comp lete the USDA Program Discrimination Complaint Form, AD-3027, found online at http://www.ascr.usda.gov/complaint_filing_cust.html and at any USDA office or write a letter addressed to USDA and provide in the letter all of the information requested in the form . To request a copy of the complaint form, call (866} 632-9992. Submit your completed form or letter to USDA by: (1) mail: U.S. Department of Agriculture Office of the Assistant Secretary for Civil Rights 1400 Independence Avenue, SW Washington, D.C. 20250-9410; (2) fax: (202} 690-7442; or (3) email: program.intake@usda.gov. USDA is an equal opportunity provider, employer, and lender

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APPENDIX A: PROJECT DESIGN FEATURES AND MITIGATION MEASURES

In addition to Forest Plan standards and guidelines designed to mitigate impacts, the following measures would be used. These design features have been incorporated by the Forest Service to reduce or prevent undesirable effects resulting from proposed management activities.

1. Fisheries Ongoing Biological Assessment Mitigations: o Annually inspect permitted campsite(s) o Check camps to see (1) that they are meeting LRMP standards, (2) if they are

causing detrimental sediment delivery, or adversely impacting riparian vegetation and (3) ifthere are potential adverse effects to fish or fish habitat at the site(s),

o Camps may be in RCAs; but should monitoring find a camp may be causing adverse effects to fish or fish habitat, changes will be made in coordination with a fisheries biologist to eliminate the problem or reduce effects to a negligible level

o Determine whether permit conditions are being met o If there are potential adverse effects, consultation will be reinitiated o The Forest will annually educate outfitters and guides about ways to avoid

adverse effects to listed fishes o The Forest will report noncompliance with outfitter and guide operating plans to

the level one team if the noncompliance involves fisheries mitigations or impacts to fisheries resources

2. Rare Plants Project Design: o A void cutting, trampling, tethering or removal of all living and dead white bark

pme.

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