Spread Creek Pit Bridger Teton National Forest and Grand Teton National Park Biological Assessment
August 2016
National Park Service – U.S. Department of the Interior U.S. Forest Service – U.S. Department of Agriculture Federal Highway Administration – U.S. Department of Transportation
Grand Teton National Park P.O. Drawer 170 Moose, WY 83012-0170
Bridger Teton National Forest 340 N. Cache P.O. Box 1888 Jackson, WY 83001
Federal Highway Administration Western Federal Lands Highway Division 610 East Fifth Street Vancouver, WA 98661-3801
Table of Contents
Introduction ...... 3 Consultation History ...... 3 Proposed Action ...... 4 Background ...... 4 Operation of Spread Creek Pit ...... 6 Conservation Measures ...... 11 Schedule ...... 12 Description of the Action Area ...... 13 Species Accounts and Status of Species in the Action Area ...... 15 Canada Lynx ...... 16 Species Background...... 16 Critical Habitat ...... 16 Habitat and Occurrence in the Action Area ...... 17 Gray Wolf ...... 19 Species Background...... 19 Habitat and Occurrence in the Action Area ...... 19 Grizzly Bear ...... 22 Species Background...... 22 Habitat and Occurrence in the Action Area ...... 22 Wolverine ...... 24 Species Background...... 24 Habitat and Occurrence in the Action Area ...... 24 Yellow-Billed Cuckoo ...... 26 Species Background...... 26 Habitat and Occurrence in the Action Area ...... 26 Environmental Baseline ...... 28 Effects Analysis ...... 29 Canada Lynx ...... 29 Direct and Indirect Effects ...... 29 Effects on Critical Habitat ...... 29 Gray Wolf ...... 29 Grizzly Bear ...... 30 Wolverine ...... 31 Yellow-Billed Cuckoo ...... 31 Cumulative Effects ...... 32 Effects Determination ...... 33
Grand Teton National Park/Bridger Teton National Forest i Canada Lynx and Critical Habitat ...... 33 Gray Wolf ...... 33 Grizzly Bear ...... 33 Wolverine ...... 34 Yellow-Billed Cuckoo ...... 34 Whitebark Pine ...... 34 Effects Determination Summary ...... 35 Need for Reassessment Based on Changed Conditions ...... 36 List of Contacts/Preparers ...... 36 Literature Cited ...... 36
Tables
Table 1. Spread Creek Pit extraction strategy ...... 10 Table 2. Gravel and asphalt operating dates at the Spread Creek Pit, 2014...... 13 Table 3. Threatened, endangered, and candidate/proposed species with the potential to occur in the action area...... 15 Table 4. Average daily traffic counts on US Highway 89/191 at Gros Ventre Junction...... 29 Table 5. Determination of effects of the proposed action...... 35
Figures
Figure 1. Project area ...... 5 Figure 2. Spread Creek Pit operations in 2013...... 6 Figure 3. Batch plant/hot plant operations, 2014...... 7 Figure 4. Spread Creek Pit, summer 2015...... 8 Figure 5. Materials staging at the west end of the Spread Creek Pit, summer 2015...... 9 Figure 6. East end of the Spread Creek Pit, area reclaimed in 2004...... 9 Figure 7. Action area...... 14 Figure 8. Lynx habitat and detections in the action area...... 18 Figure 9. Wolf home ranges in the action area...... 21 Figure 10. Grizzly bear habitat and range in the action area...... 23 Figure 11. Wolverine habitat in the action area...... 25 Figure 12. Yellow-billed cuckoo habitat in the pit area...... 27
Appendixes Appendix A Grizzly Bear Protection Measures
Grand Teton National Park/Bridger Teton National Forest ii INTRODUCTION
The purpose of this biological assessment (BA) is to review the proposed project to continue operation of the Spread Creek Pit (pit or site) and to determine to what extent the proposed action may affect federally listed threatened, endangered, candidate, or proposed species or their critical habitat. The pit is needed to provide cost-effective sand, rock, and gravel and also serve as a staging area for ongoing repair and maintenance of roads in Grand Teton National Park (GRTE or park) and Bridger-Teton National Forest (BTNF). The site is located on both sides of the boundary line for BTNF and park lands, with the majority of the area within the BTNF. The National Park Service (NPS), in cooperation with the Western Federal Lands Highway Division of the Federal Highway Administration (FHWA), operates the pit under a Special Use Permit (SUP) issued by the US Forest Service (USFS). The NPS proposes to renew the SUP, which will allow the NPS to continue to use the pit as a centralized site for large-scale extraction, screening, crushing, asphalt hot-plant mixing, long-term material stockpiling, and immediate reclamation for the construction and maintenance needs of NPS and USFS roads.
This BA was prepared in accordance with legal requirements set forth under Section 7 of the Endangered Species Act of 1973, as amended (16 United States Code (USC) 1536, et seq.) (ESA); and follows the standards established in NPS Director’s Order 12 (DO-12).
CONSULTATION HISTORY
The NPS prepared a BA for the Rehabilitate US Highway 26/89/191/287 and Develop Spread Creek Material Source and Staging Area project, which included the Spread Creek Pit, in 1996 (NPS 1996). The 1996 BA found that the project may affect, but is not likely to adversely affect, peregrine falcon, whooping crane, bald eagle, grizzly bear, and gray wolf. The U.S. Fish and Wildlife Service (USFWS) concurred with the NPS’s decision in a December 20, 1996 letter to the park. Since this consultation took place, the peregrine falcon and bald eagle have been delisted, the Canada lynx and yellow-billed cuckoo have been listed as threatened, the wolverine has been proposed for listing, the whitebark pine was added to the list of candidate species, and the whooping crane is no longer considered a concern for the area.
Prior to preparing a new BA for the SUP renewal, the NPS initiated informal consultation with the USFWS. A list of federally listed threatened, endangered, candidate, and proposed species potentially occurring in the action area was obtained from the USFWS using the Information, Planning, and Conservation System (IPAC) website (USFWS 2016a). Informal consultation with the USFWS included participation in meetings and teleconferences to discuss the project. USFWS biologist Lisa Solberg-Schwab participated in a kickoff meeting and site visit to discuss the project with NPS, BTNF, and FHWA staff on September 1 and 2, 2015. Ms. Solberg Schwab also participated in a teleconference call with NPS, BTNF, and FHWA staff to discuss the project on December 16, 2015.
Grand Teton National Park/Bridger Teton National Forest 3 PROPOSED ACTION
The NPS and FHWA are proposing to continue operation of the Spread Creek Material Source Site for gravel extraction, crushing, asphalt hotplant mixing, and staging of extracted and processed materials. The location of the proposed action is shown in Figure 1.
Background
The NPS, in cooperation with the FHWA and USFS, completed an Environmental Assessment (EA) in 1997 for developing a new material borrow site near Spread Creek to supply sand, rock, and gravel for use on BTNF and park roads. The NPS and USFS approved the development of the Spread Creek Pit as described in Alternative A of the EA for the Spread Creek Material Source Site (NPS 1997; USFS 1997; FHWA 2003). The pit began operations in 1998 and has continued in operation through 2016. The USFS SUP for the pit expired on December 31, 2014. The pit is currently operating under a temporary SUP. No extraction has taken place since 2014, although the staging areas have been used to store gravel and other materials.
The pit covers about 22 acres and was estimated to contain about 650,000 cubic yards of raw material when it began operations in 1998. Since 1998, the pit has been used for large-scale extraction, screen/crushing, asphalt hotplant mixing, and reclamation. Approximately 333,000 cubic yards of raw material were extracted from the pit from 1998 through 2013. For each road project, the NPS or USFS extracts, stockpiles materials, and reclaims within one or two construction seasons to reduce impacts the pit may have on vegetation communities and wildlife habitat. Projects initiated for the park may be prepared and administered by the FHWA. Under the existing SUP, activities at the pit are limited to the period from June 15 to October 31, unless specifically authorized by the USFS. Material from the pit is used solely for federal projects related to infrastructure construction for the NPS, USFS, and FHWA. No private entities are entitled to use material from the pit.
Extraction began at the east end of the pit and has progressed to the west away from previously reclaimed areas (Figure 2). Reclamation activities took place in 2004 and 2012 on the eastern portions of the pit for which mining is complete. No extraction has occurred in the park. The portion of the site in the park is used for intermittent staging and stockpiling of materials. Although the original EA stated that up to 8.4 acres within the park would be used for large-scale staging and stockpiling, only 3.0 acres within the park have been used, and the park does not plan to expand the staging area within the park beyond the existing 3.0-acre disturbed area.
Grand Teton National Park/Bridger Teton National Forest 4
Figure 1. Project area
Grand Teton National Park/Bridger Teton National Forest 5
Figure 2. Spread Creek Pit operations in 2013.
Operation of Spread Creek Pit
The NPS, in cooperation with the FHWA and USFS, proposes to continue operations at the pit under a new SUP. The pit has the potential for another 20 years of extraction without expanding the existing footprint. A new SUP may be issued, which will allow for continued operation of the pit.
The project area will be used intermittently as a material source for park and USFS road projects. The portion of the site on BTNF lands will be used as a staging area for contractor operations, including crushing and stockpiling aggregate materials, producing asphalt hot mix, stockpiling associated construction materials, and providing parking for construction equipment and vehicles (Figure 3). The most recently mined portion of the Spread Creek Pit is shown in Figure 4. During extraction operations, a designated employee camping area consisting of trailers will be established at the southern edge of the pit (Figure 2). Equipment used for extraction activities will include front-end loaders, excavators, dump trucks, and bulldozers. The 3.0-acre portion of the site within the park will be used for intermittent staging and stockpiling for major road construction projects. No gravel extraction will occur in the park. No new surface disturbance will occur outside the 22-acre area already disturbed under the previous SUP. Following each extraction project, clean unusable material will be used to recontour the excavation site and the previously mined areas will be reclaimed with native vegetation according to a reclamation plan developed by the park in cooperation with the USFS.
Grand Teton National Park/Bridger Teton National Forest 6 Reclamation will take place as each extraction phase is complete, or as directed under a reclamation plan approved by the USFS.
A “flip-flop” of the staging area at the western end of the pit area and the active extraction area is proposed. The current staging area at the western end of the pit contains material that will be extracted in the future. When material is extracted from the current staging area, the staging area will be moved to the area reclaimed in 2012 (Figure 2). In addition, a strip of land along the northern edge of the pit has been used for stockpiling topsoil in the past and may be used for extraction in the future.
Figure 3. Batch plant/hot plant operations, 2014.
The existing access road within the pit boundary will be used for access; no expansion of existing access roads will occur. During extraction activities, an increase in the number of vehicles visiting the pit will occur. The increase in vehicle traffic will vary depending on the size of the extraction project and the phase of work. In 2014, when extraction was ongoing, the average number of vehicles using the pit was 43.8 per day during the period from June 19 to September 20. The minimum daily use was 2 vehicles and the maximum daily use was 162 vehicles. Most vehicles used the site between 6 am and 9 pm.
Operation of the pit will result in elevated noise levels at the pit and in surrounding areas. The past Spread Creek operations included four distinct noise sources: gravel and other product staging and hauling from the NPS storage area just west of the pit, gravel extraction and processing from the pit itself, asphalt production adjacent to the excavated pit, and noise from the contractors’ adjacent camping zone that includes a large generator that operated around the clock during several weeks. Gravel extraction and asphalt production occurred during distinct times, but the camping area generator and heavy equipment use in the storage area occurred throughout the summer. Past noise level studies conducted by the NPS have found that plant operations were audible during 70% of the day at distances greater than 1 mile (NPS 2014) and
Grand Teton National Park/Bridger Teton National Forest 7 low-frequency sounds produced during gravel and asphalt operations were sometimes up to 10 decibels (dBC) louder than ambient conditions more than 1 mile from the pit (MacDonald 2014).
Figure 4. Spread Creek Pit, summer 2015.
The site will also be used as a smaller scale continuous stockpiling and staging area for park road maintenance operations (Figure 5). This use will occur regardless of whether the site is being used for extraction activities. All uses, including material stockpiles, will be confined within the pit boundaries. The reclaimed area at the eastern edge of the pit is shown in Figure 6.
Grand Teton National Park/Bridger Teton National Forest 8
Figure 5. Materials staging at the west end of the Spread Creek Pit, summer 2015.
Figure 6. East end of the Spread Creek Pit, area reclaimed in 2004.
Extraction is expected to continue for the foreseeable future, with some years having extensive extraction activities and some years having less or no extraction activities. Past and future projects expected to require extraction activities at the pit are shown in Table 1.
Grand Teton National Park/Bridger Teton National Forest 9
Table 1. Spread Creek Pit extraction strategy Estimated Material Volume Remaining Quantity Project Name Project Number Year Required (yd3) (yd3) Raw Processed Original Estimate in 1997 650,000 Total Extracted through 2013 (approximate) 333,000 Amount Remaining in 2013 (approximate) 317,000 Eastside Highway, Craighead Hill to Cunningham Cabin WY PRA GRTE 10(12) 2014 40,000 30,000 277,000 Grand Teton Park Pathways, Phase 3 WY PLD GRTE 700(2) 2015 0 0 277,000 Roundabout Gros Ventre Junction, Phase 4 WY NPS GRTE 700(4) 2016 5,000 4,000 272,000 Grand Teton Park Pathways, Phase 5 WY NPS GRTE 700(5) 2016 4,000 3,000 268,000 Deadman's Bar Road WY NPS GRTE 217(1) 2016 8,000 6,000 260,000 Totals – 2013 through 2016 2016 57,000 43,000 260,000 Future Projects – 2016 through 2036 (yearly average) 2016-2036 13,000 10,000 varies Totals – 2016 through 2036 2036 260,000 195,000 0 Last updated: May 2016. All information currently in draft form and is approximate.
Grand Teton National Park/Bridger Teton National Forest 10
Conservation Measures
The following mitigation measures/design criteria will be implemented to protect federally listed species. General conservation measures are listed, followed by measures specific to Canada lynx, gray wolf, grizzly bear, and yellow-billed cuckoo.
General
• Construction supervisors and workers will be informed about the potential for threatened and endangered species in or near the work area. Contract provisions will require stopping construction activities if a special status species is discovered in the action area until NPS and USFW staff reevaluate the project. Modification of the contract could occur to include protective measures deemed necessary to protect species or habitats. • Activities at the pit will be limited to the period from June 30 to October 31. The timing restriction is intended to benefit greater sage-grouse and ungulates, but will also benefit other federally listed species. It is possible that the start date may be shifted to June 15, depending on restrictions of use of the area to protect greater sage-grouse and discussions with the USFS. • In addition, the park, USFS, and FHWA will implement all additional conservation measures that result from consultation with the USFWS.
Canada Lynx
• All project activities will adhere to all relevant conservation measures outlined in the Northern Rockies Lynx Management Direction (USFS 2007) and Lynx Conservation Assessment and Strategy (Interagency Lynx Biology Team 2013).
Gray Wolf
• All project activities will comply with park Superintendent’s Compendium (NPS 2015a, and as updated) closures implemented around wolf den/rendezvous sites. Seasonal area closures may be implemented up to 1 mile around den/rendezvous sites as needed, typically between April 15 and August 15. All closures would apply to park land.
Grizzly Bear
• All project activities will comply with GRTE’s Superintendent’s Compendium (NPS 2015a, and as updated) regulations related to food storage and park recommended best management practices for living and working in bear country. Bear “attractants” include food, drinks, garbage, cooking utensils, dirty/soiled pots/pans/plates, stoves, grills (charcoal or gas), empty or full coolers, storage containers with food or previously holding food (except approved bear-resistant canisters), beverage containers, pet food/bowls, and any odorous item that may attract a bear such as toiletries.
Grand Teton National Park/Bridger Teton National Forest 11 Spread Creek Pit – Biological Assessment
• All personnel working at the site must ensure that all bear attractants are attended at all times. All unattended attractants must be stored securely inside a building, a bear- resistant food storage locker (if available), an Interagency Grizzly Bear Committee- approved portable bear-resistant food storage canister, or in a hard-sided vehicle with doors locked and windows closed or disposed of properly in a bear-resistant garbage receptacle. Backpacks and/or daypacks containing unsecured attractants (i.e., not in a canister) may not be left unattended. • All personnel working on the project must attend a briefing on proper food/attractant storage and bear safety presented by a qualified member of the park’s bear management team. Contact the park’s Bear Management Office at least one week prior to the desired start date to schedule a briefing. The BTNF will be available to assist the park with briefings upon request. • All human-bear conflicts (property damage, human-food rewards, or injury to humans or bears) will be reported to the Teton Interagency Dispatch Center immediately. All bear sightings will be reported to the Bear Management Office and BTNF Forest Supervisor’s Office as soon as possible. • Materials that may be toxic to bears must be properly stored and disposed of. All potentially toxic attractants, including petroleum products, will be stored or disposed of in such a way that they are not available to bears. No open dumpsters will be allowed. • Equipment, materials, and supplies in the staging area(s) will be secured by hard-sided storage containers. • Work will be temporarily halted if grizzly bears approach within 100 yards of the site. Workers will allow the bear(s) to pass through the work area before starting or resuming activities. • In addition to the measures described above, work at the site will comply with the BTNF Grizzly Bear Protection Plan, Spread Creek Gravel Source Grizzly Bear Management and Protection Plan, and BTNF Food Storage Order (Order Number 04-00-104). These documents are attached in Appendix A.
Yellow-Billed Cuckoo
• The park will conduct surveys for yellow-billed cuckoos in potential habitat around the Spread Creek Pit. If yellow-billed cuckoos are detected anywhere in the action area, the park will consult with the USFWS to establish mitigations ensuring no adverse effects on the species.
Schedule
Under the current SUP, activities at the pit are allowed from June 15 through October 31. If a new SUP is issued, activities will typically begin on June 30 and typically end by October 31. The start date may be shifted to June 15, depending on restrictions of use of the area to protect greater sage-grouse and discussions with the USFS. In 2014, operations at the pit began on June
12 Spread Creek Pit – Biological Assessment
19 and continued through September 20. Plant operating times from 2014 are shown in Table 2. Extraction and other activities at the pit will be authorized for an additional 20 years.
Table 2. Gravel and asphalt operating dates at the Spread Creek Pit, 2014. Plant Operating Conditions Start date End date Gravel setup 6/20/14 6/21/14 Gravel extraction 6/24/14 6/28/14 Gravel extraction 7/5/14 7/17/14 Asphalt setup 8/4/14 8/14/14 Asphalt production 8/14/14 8/22/14 Asphalt production 8/25/14 8/29/14 Asphalt demobilization 9/2/14 9/12/14
DESCRIPTION OF THE ACTION AREA
The action area includes all areas where threatened, endangered, candidate, or proposed species may be directly or indirectly affected by the proposed action. The action area is defined as the pit and a buffer of 2 miles surrounding the pit (Figure 7). The buffer around the pit was added to account for potential impacts from sound from extraction activities at the pit and road traffic noise along the road, and for consistency with the Moose-Wilson Corridor BA, which included a 2-mile buffer around the pit (NPS 2015b). The action area is partially within the BTNF and partially within the park.
The project area includes unvegetated areas used for extraction and staging and previously reclaimed areas. Vegetation of the reclaimed areas at the eastern end of the project area is dominated by mountain brome and slender wheatgrass. Vegetation in the action area surrounding the pit is primarily big sagebrush, with an understory of grasses and forbs. The pit is 5 to 15 feet above the adjacent floodplain of Spread Creek. The area immediately north of the pit is covered with an open mix of cottonwood, willow, sagebrush, and open areas. Farther north, on the north side of Spread Creek, is an expansive area dominated by sagebrush. South of the pit, vegetation includes dense stands of coniferous forest with smaller amounts of aspen interspersed with sagebrush. The lower portion of Forest Road 30290 traverses a willow- dominated community for about 0.6 mile. North of the pit and Spread Creek Road, the riparian vegetation within the active floodplain is sparse, with isolated cottonwood trees and clumps of willow.
13 Spread Creek Pit – Biological Assessment
Figure 7. Action area.
14 Spread Creek Pit – Biological Assessment
SPECIES ACCOUNTS AND STATUS OF SPECIES IN THE ACTION AREA
Federally listed threatened, endangered, candidate, and proposed species potentially occurring in the action area are presented in Table 3.
Table 3. Threatened, endangered, and candidate/proposed species with the potential to occur in the action area. Rationale Species Common and Potential Status1 for Habitat Description and Range in Wyoming Scientific Name to Occur Exclusion2 CONIFERS AND CYCADS Whitebark pine typically grows at timberline in Whitebark pine the subalpine zone. In Wyoming, this species is C No ELE, HAB Pinus albicaulis typically found growing at 7,000 to 10,500 feet in elevation. MAMMALS Canada lynx occur in boreal forest types and adjacent habitats with a high density of Canada lynx snowshoe hares. In Wyoming, lynx primarily T, CH Yes Included Lynx canadensis occur in spruce-fir and lodgepole pine forests. Critical habitat for Canada lynx has been designated in the action area (USFWS 2016a). Wolves are habitat generalists and live Gray wolf throughout the northern hemisphere. They EXP Yes Included Canis lupus require ungulate prey. Wolves are known to occur in the action area. Grizzly bears occupy a wide range of habitats including areas with extensive forest cover, Grizzly bear T Yes Included grasslands, meadows, shrublands, and riparian Ursus arctos horribilis areas. Grizzly bears are known to occur in the action area. Wolverines inhabit alpine and arctic tundra and North American wolverine boreal and coniferous mountain forests, especially P Yes Included large wilderness areas and areas with snow on the Gulo gulo luscus ground in winter. Wolverines may disperse through atypical habitat. BIRDS In the western U.S., this species breeds in large blocks of riparian habitats, particularly Yellow-billed cuckoo T Yes Included woodlands with cottonwoods and willows. Coccyzus americanus Critical habitat for this species has not been designated near the action area. The USFWS species list (USFWS 2016a) was obtained and reviewed and species not having the potential to occur were excluded from further review with a no effect determination. 1Status Codes: E=federally listed endangered; T=federally listed threatened; C=federal candidate for listing; P=federally proposed for listing; EXP=nonessential experimental population; and CH=designated critical habitat. 2 Exclusion Rationale Codes: ODR=outside known distributional range of the species; HAB=no habitat present in action area; ELE=outside of elevation range of species; and SEA=species not expected to occur during the season of use/impact.
As indicated in Table 3, the Canada lynx, gray wolf, grizzly bear, wolverine, and yellow-billed cuckoo are the only federally listed threatened, endangered, candidate, or proposed species
15 Spread Creek Pit – Biological Assessment
with the potential to occur in the action area. Therefore, only the Canada lynx, gray wolf, grizzly bear, wolverine, and yellow-billed cuckoo are addressed hereafter in this BA. The whitebark pine does not have potential to occur and is not analyzed further based on the rationale provided.
Canada Lynx
Species Background
Canada lynx was listed as a threatened species on March 24, 2000 (65 Federal Register (FR) 16051). For a comprehensive discussion of lynx natural history, see Ruggiero et al. (2000) and Ruediger et al. (2000). In summary, lynx denning habitat includes forested areas, primarily high- elevation spruce-fir, that provide adequate cover and habitat for its primary prey, the snowshoe hare (Lepus americanus). In Wyoming, Canada lynx occur primarily in spruce-fir and lodgepole pine forests with slopes of 8 to 12 degrees and at elevations from 8,000 to 9,600 feet. Appropriate habitat usually includes a dense understory of thickets and windfalls and minimal human disturbance. Dens typically occur in hollow trees, under stumps or rootwads, within jack- strawed windthrow, or in thick brush. Den sites tend to be in mature or old growth stands with a high density of logs (Ruediger et al. 2000; Ruggiero et al. 2000). Foraging areas include early successional forests with a high density of stems and branches that protrude above the snow. Older forests with understories of conifers and shrubs also provide important foraging habitat, especially for alternative prey species including red squirrels, grouse, and voles. Lynx rarely venture into open areas and generally do not cross openings wider than 300 feet. The primary limiting factor for lynx populations is the abundance of snowshoe hare and alternative prey species, which in turn is limited by availability of winter habitat (Ruggiero et al. 2000; Ruediger et al. 2000). Movement corridors, primarily continuous coniferous forests several miles wide, are critical for lynx travel and dispersal (Tanimoto 1998).
Critical Habitat
Critical habitat was revised on September 12, 2014 for the contiguous United States distinct population segment (DPS) of Canada lynx (USFWS 2014a). The portion of the action area within the BTNF is within designated critical habitat; the portion in the park is not within designated critical habitat (Figure 8).
The primary constituent elements (PCEs) for Canada lynx critical habitat are as follows (USFWS 2014a):
• the presence of snowshoe hares and their preferred habitat (boreal forest) conditions; • generally deep and fluffy snow for extended periods during winter; • sites for denning that have abundant coarse woody debris, such as downed trees and root wads; and • matrix habitat (e.g., hardwood forest, dry forest, nonforest, or other habitat types that do not support snowshoe hares) that occurs between patches of boreal forest and that support lynx travel.
16 Spread Creek Pit – Biological Assessment
The action area includes portions of Critical Habitat Unit 5 – Greater Yellowstone Area, within the BTNF. The portion of the action area within the park is not designated critical habitat. Areas without tree cover, such as the pit and forest openings dominated by sagebrush, are not suitable foraging or denning habitat. Because the pit does not contain the first three PCEs for lynx critical habitat (snowshoe hare habitat, extended periods of deep fluffy snow, and denning habitat), it is considered matrix habitat, which lynx may use to travel between patches of boreal forest.
Habitat and Occurrence in the Action Area
Lynx have been documented to occur in the park, based on 18 reported observations; however, none of these sightings were in the action area (NPS 2015b). Lynx were confirmed to be present at three locations in Yellowstone National Park (YNP) from 2001 to 2004 (Murphy et al. 2006). Lynx surveys in the GRTE and portions of BTNF from 2000 to 2002 did not detect any signs of lynx within 15 miles of the action area (Pyare 2005). Lynx surveys in GRTE, YNP, and surrounding national forest did not detect lynx in GRTE, but lynx were detected in YNP and on national forest land east of GRTE (Holmes and Berg 2009).
The portion of the action area in BTNF is within the Spread Creek West Lynx Analysis Unit (LAU). The Spread Creek West LAU contains 49,055 acres, of which 21,563 acres are mapped lynx habitat. Currently 100 percent of the lynx habitat in the Spread Creek West LAU is considered suitable. The portion of the action area within BTNF contains several areas that have been mapped as “patch clearcutting”; timber in these areas was cut in the 1980s. Most of the action area lacks foraging and denning habitat and is considered matrix habitat. The southern portion of the action area, however, may provide foraging habitat. Tree regeneration within the action area after logging and fire may also lead to a greater portion of the action area being suitable foraging habitat for lynx. There have been two verified lynx detections within the action area – off of Toppings Lake Road in the southern portion of the action area, one in 2007 and one in 2009 (Figure 8). Lynx may occasionally forage in the southern portion of the action area, and may occasionally occur in the northern portion of the action area when they move between more suitable habitat types elsewhere.
17 Spread Creek Pit – Biological Assessment
Figure 8. Lynx habitat and detections in the action area.
18 Spread Creek Pit – Biological Assessment
Gray Wolf
Species Background
Gray wolves were historically found throughout Wyoming, but were extirpated by the 1940s. In 1995 and 1996, wolves were reintroduced into YNP and central Idaho as a nonessential experimental population (59 FR 60252-60266, 1994). In national parks and wildlife refuges, nonessential experimental populations are treated as threatened species, and all provisions of the ESA apply. The recovery criteria of 30 breeding pairs for three consecutive years in the Greater Yellowstone Area, central Idaho, and northwestern Montana were met in 2002. Since 2002, the listing status of wolves in Wyoming has changed several times due to delisting decisions and court decisions. Wolves in Wyoming are currently listed as threatened as a result of a federal court decision in September 2014 (USFWS 2016b).
Wolves used a broad range of habitats, as long as there was an abundance of prey (USFWS 1987). The key elements of wolf habitat include sufficient year-round prey base, suitable denning and rendezvous sites for raising young, and minimal exposure to humans. Ungulates are the primary prey, including elk (Cervus elaphus), mule deer (Odocoileus hemionus), and moose (Alces alces). Alternate prey includes ground squirrel, snowshoe hare (Lepus americanus), grouse, and beaver (Castor canadensis). In addition, wolves may depredate livestock (e.g., cattle and sheep) and other domestic animals (USFWS 1987).
Wolves cover large areas for prey and may travel 30 miles in a day. Territory size ranges from 50 square miles to more than 1,000 square miles, depending on prey availability and seasonal movements of prey (USFWS 2007a). Wolf groups, or packs, typically consist of an alpha male and female, their offspring, and other nonbreeding adults; and the pack defends their territory against other wolves.
Wolves reproduce in late winter, and pups are born in dens between mid-April and early May in the Yellowstone region. Early summer, pups are moved to rendezvous sites, often within 1 to 6 miles of the den. Rendezvous sites are often in meadows with adjacent forested cover. Adults will leave pups at rendezvous sites while hunting. Wolves are particularly sensitive to human disturbance when pups are young (i.e., around den sites and early rendezvous sites). Rendezvous sites may change through the season until the young can travel with adults, usually September to early October. Wolves, particularly yearlings, may disperse up to hundreds of miles away in search of a new territory and/or pack.
Habitat and Occurrence in the Action Area
The wolf population that used the park in 2009 included 76 wolves in 6 packs. The total wolf population has declined since then, but the number of packs has remained stable. In 2014, 6 packs with at least 44 wolves occurred in the park or included the park within a portion of their territory. In 2015, 44 wolves in 7 packs used the park. The action area is within the home range of the Phantom Springs pack. The Phantom Springs pack consists of 2 or 3 wolves and last denned in the Elk Ranch Reservoir area in 2013, less than 3 miles from the pit. The same general den area has been used most years by various packs dating since 1999. In late January 2016, the Lower Gros Ventre pack, consisting of 3 wolves, was also using the action area, mostly north
19 Spread Creek Pit – Biological Assessment
and east of the pit. The Huckleberry pack, consisting of 10 wolves at the end of 2015, overlaps the action area (Figure 9).
The action area is within important ungulate habitat, which provides foraging opportunities for wolves. The action area includes crucial winter range and calving habitat for the Jackson elk herd (WGFD 2016). This winter range is used by elk because of usually low snow depths and abundant shrub and herbaceous forage. The action area includes crucial winter range for moose (WGFD 2016) and lies within a primary elk migration route between winter and summer ranges. Migration usually occurs during May and June and October and November. Elk and moose use the action area in the summer.
20 Spread Creek Pit – Biological Assessment
Figure 9. Wolf home ranges in the action area.
21 Spread Creek Pit – Biological Assessment
Grizzly Bear
Species Background
The life history and habitat requirements of grizzly bears are summarized in the Grizzly Bear Recovery Plan (USFWS 1993). Grizzly bears formerly ranged over most of western North America, from the Arctic Ocean to central Mexico. Grizzly bears are still abundant in much of Canada and Alaska; however, their range in the contiguous United States has been reduced to less than 1% of the range they historically occupied. Grizzly bears still occur in the park and the adjacent BTNF. In 1975, the grizzly bear was listed as a threatened species in the lower 48 states under the ESA because of the frequency of human-caused grizzly bear mortalities, loss of habitat, and geographic isolation from other grizzly bear populations (40 FR 31734, 1975).
Grizzly bear management in the Yellowstone ecosystem, including the park and BTNF, is guided by the Interagency Grizzly Bear Guidelines (Interagency Grizzly Bear Committee 1986), the Grizzly Bear Recovery Plan (USFWS 1993), and the Final Conservation Strategy for the Grizzly Bear in the Greater Yellowstone Area (USFWS 2007b). The Grizzly Bear Recovery Plan identifies the Grizzly Bear Recovery Zone (GBRZ), which was delineated by the USFWS as an area large enough and of sufficient habitat quality to support a recovered and self-sustaining Yellowstone grizzly bear population into the foreseeable future. If and when the Yellowstone grizzly bear population is delisted or removed from federal protection under the ESA, the GBRZ will be referred to as the Primary Conservation Area. The Demographic Monitoring Area (DMA) is the boundary within which the Yellowstone grizzly bear population is monitored and evaluated. The grizzly bear population and distribution in the Yellowstone ecosystem, including the park, have increased in recent years. The 2015 grizzly bear population in the DMA was estimated at 714 bears (Interagency Grizzly Bear Study Team 2015). The Yellowstone grizzly bear population is proposed for delisting in 2016 due to its strong population numbers (USFWS 2016c).
Habitat and Occurrence in the Action Area
The pit is in grizzly bear occupied habitat and in the DMA (Figure 10). It is outside the GBRZ. Grizzly bears are known to use the area around the pit and have been observed in the area in recent years. The action area is within ungulate habitat that may provide foraging opportunities for grizzly bears. Grizzly bears feed on ungulates as winter-killed carrion from March through May and ungulate calves in June (Mattson et al. 1992a; Gunther and Renkin 1990). No known grizzly bear den sites occur within the action area.
22 Spread Creek Pit – Biological Assessment
Figure 10. Grizzly bear habitat and range in the action area.
23 Spread Creek Pit – Biological Assessment
Wolverine
Species Background
The DPS of the North American wolverine inhabiting the contiguous United States was proposed for listing as threatened under the ESA on February 4, 2013 (USFWS 2013). On August 14, 2014, the USFWS withdrew the proposal to list the DPS as threatened (USFWS 2014b); however, the USFWS withdrawal of the Propose Rule to list the DPS of North American wolverine was vacated by the courts on April 4, 2016. The USFWS returned the wolverine to proposed status in May 2016.
Wolverines inhabit alpine and arctic tundra and boreal and coniferous mountain forests, especially large wilderness areas and areas with snow on the ground in winter. Wolverines may disperse through atypical habitat. When inactive, wolverines occupy dens in caves, rock crevices, under fallen trees, thickets, or similar sites (NatureServe 2016). Deep, persistent, and reliable spring snow cover (April 15 to May 14) is the best overall predictor of wolverine occurrence in the contiguous United States. Wolverine year-round habitat use takes place almost entirely within the area defined by deep, persistent spring snow (USFWS 2013). This is likely related to the wolverine’s need for deep snow during the denning period (USFWS 2013). No records exist of wolverines denning anywhere but in snow, despite the wide availability of snow-free denning opportunities within the species’ range (USFWS 2013). The deep, persistent spring snow layer in the Copeland et al. (2010) analysis captures all known wolverine dens in the DPS (USFWS 2013). However, it should be noted that the Copeland et al. (2010) analysis depicts areas that are snow covered through May 15 in at least one out of seven years (USFWS 2014b). Additionally, except for denning females (denning habitat is not considered scarce or limiting to wolverine reproduction), wolverines are occasionally observed in areas outside the mapped deep, persistent snow zone, and factors beyond snow cover may play a role in overall wolverine distribution (USFWS 2014b). Wolverines are opportunistic feeders and consume a variety of foods. They may consume carrion, small mammals and birds, fruits, berries, and insects (USFWS 2015).
Habitat and Occurrence in the Action Area
Potential wolverine denning habitat in the action area, as modeled by the Copeland wolverine habitat snow model (Copeland et al 2010) is shown in Figure 11. The action area has riparian habitat, is bordered by boreal and coniferous mountain forest, and has snow cover during winter months. A small number of individuals are known to occur on the forest and could possibly occur within the action area.
24 Spread Creek Pit – Biological Assessment
Figure 11. Wolverine habitat in the action area.
25 Spread Creek Pit – Biological Assessment
Yellow-Billed Cuckoo
Species Background
On October 3, 2014, the USFWS listed the western yellow-billed cuckoo as threatened. In the United States, the western yellow-billed cuckoo is known to occur in Arizona, California, Colorado, Idaho, Montana, Nevada, New Mexico, Oregon, Texas, Utah, Washington, and Wyoming. The western yellow-billed cuckoo nests almost exclusively in low- to moderate- elevation riparian woodlands below 6,000 feet in elevation that cover 50 acres or more within arid to semiarid landscapes (Hughes 1999). The USFWS considers yellow-billed cuckoo habitat to occur below 8,500 feet in elevation, in dense multistoried vegetation 12 acres (5 ha) or greater in extent.
This species is considered rare in western Wyoming (USFWS 2014c). There is one verified record of a yellow-billed cuckoo within the park from 2000 (NPS 2015b). Regular mist-netting studies conducted at six sites in riparian willow and cottonwood habitat in the park since 1991 have not documented any yellow-billed cuckoos other than the one individual described above. This record was likely a nonresident transitory bird outside the species’ range.
Habitat and Occurrence in the Action Area
The action area is not within critical habitat for the yellow-billed cuckoo. Figure 12 shows cottonwood riparian forest and willow shrubland near the pit. Approximately 320 acres of cottonwood riparian habitat occur within 1 mile of the pit. Surveys for yellow-billed cuckoos have not been conducted in the action area. Although yellow-billed cuckoos are considered rare in the park and are unlikely to occur above 6,000 feet in elevation (the pit is approximately 7,000 feet above sea level), it is still possible that this species could occur in the action area. For the purposes of this BA, it is assumed that yellow-billed cuckoos could potentially occur in cottonwood and willow riparian habitat north of the pit.
26 Spread Creek Pit – Biological Assessment
Figure 12. Yellow-billed cuckoo habitat in the pit area.
27 Spread Creek Pit – Biological Assessment
ENVIRONMENTAL BASELINE
As defined under the ESA, the environmental baseline includes past and present impacts of all federal, state, and private actions in the action area; the anticipated impacts of all proposed federal actions in the action area that have undergone formal or early Section 7 consultation; and the impact of state and private actions that are contemporaneous with the Section 7 consultation process. Future actions and their potential effects are not included in the environmental baseline.
Past and current actions in the action area include road construction and maintenance, timber harvest, and construction and operation of the pit. Prior to the establishment of the park, cattle grazing likely occurred in the action area. Construction of unpaved roads in the action area, including Spread Creek Road and Forest Roads 30340 and 30290, resulted in removal of vegetation within the road corridor and fragmentation of habitat. US Highway 89/191, a paved road on the western edge of the action area more than 1 mile west of the pit, receives much greater vehicle use. Ongoing use of these roads creates noise from traffic and the potential for vehicle collisions with wildlife. Past fires and timber harvest in the action area have resulted in changes to the forest structure. The most recent timber harvest activity in the BTNF portion of the action area was in the 1980s.
The pit has been operated since 1998 for large-scale gravel extraction, screen/crushing, asphalt hotplant mixing, and reclamation. The original sagebrush vegetation of the pit and staging areas has been removed. Currently, the pit includes a combination of unvegetated areas and areas where revegetation activities took place in 2004 and 2012 (Figure 2), which are covered by grasses and a few scattered sagebrush. When the activities were occurring at the pit, operation of heavy equipment resulted in elevated noise levels and increased traffic at the pit and in the action area, as described above in the Proposed Action section.
28 Spread Creek Pit – Biological Assessment
EFFECTS ANALYSIS
Canada Lynx
Direct and Indirect Effects
Potential direct and indirect effects of the proposed action on lynx could include disturbance from increased noise and activity during pit operations and potential collisions with vehicles. The proposed action will not remove any vegetation or result in any changes to lynx habitat in the action area and will not affect any known foraging or denning areas for lynx. The action area is likely only used by lynx as a movement corridor, and the proposed action will not create new movement barriers.
The proposed action will result in an increase in human activity and noise associated with operation of the pit for a period of several weeks of the year during years when the pit is operational. The increased noise and human activity could affect the behavior of individual lynx, causing them to avoid the area or change their movements. Any impact on lynx movements will be seasonal, limited to times when the pit is in operation.
There is a small chance of a lynx being struck by a construction vehicle on the unpaved road leading to the pit from the west. Lynx mortality is very unlikely, and therefore discountable, because of the relatively low speeds (less than 30 mph) on this secondary road. In addition, there is a low likelihood of lynx being in the area near the road because the most suitable lynx habitat in the action area is located south of the road and lynx appear to be uncommon in the action area based on past surveys. There is also the possibility of a lynx being struck by a construction- related vehicle on US Highway 89/191. The average daily traffic measured at Gros Ventre Junction during summer 2015 is shown in Table 4. Most traffic related to operation of the pit will occur during daylight hours. The addition of about 43.8 vehicles per day to traffic on US Highway 89/191 will be an increase in traffic of 0.6 to 0.8% depending on the month – an insignificant increase in traffic given the relatively large amount of existing traffic on the road.
Table 4. Average daily traffic counts on US Highway 89/191 at Gros Ventre Junction. June 2015 July 2015 August 2015 September 2015 Average daily number of vehicles 5,467 7,595 6,821 6,089 Source: NPS 2016.
Effects on Critical Habitat
The proposed action will not result in any new impacts on vegetation or snow cover and, thus, will not remove any suitable lynx habitat. The proposed action will not result in impacts on lynx critical habitat.
Gray Wolf
Potential direct and indirect effects on wolves include disturbance from pit operations, management actions to relocate or remove wolves that become habituated to human presence
29 Spread Creek Pit – Biological Assessment
or food conditioned, and the potential for vehicle collisions. The proposed action will not result in any new loss of vegetation and, thus, will not result in a loss of habitat for wolves or their prey.
Wolves could be displaced from the action area because of human presence and increased noise associated with operation of the pit. Wolves could avoid the action area during pit operation. Movements of elk, a wolf prey species, also could be affected by increased noise and human presence. The proposed action will have timing restrictions to reduce the impacts on elk movement. Although project activities could cause wolves and their prey to avoid the action area, wolves are wide ranging and are unlikely to be displaced entirely from their territories.
The potential exists that wolves could become food conditioned due to improper food storage or deliberate feeding at the pit or contractor camping area, resulting in control actions to remove the wolves. Implementation of food storage requirements as described under Conservation Measures will minimize the potential for wolves to become food conditioned. To date, no control actions have been implemented to remove food-conditioned wolves in the park.
Potential direct effects on wolves also could include being struck by a construction-related vehicle. The proposed action will result in increased traffic on the unpaved road leading to the pit during pit operations. Wolf mortality is very unlikely because of the relatively low speeds (less than 30 mph) on this secondary road and because any wolves in the area will likely avoid the road corridor during high-traffic periods. There is also the possibility of a wolf being struck by a construction-related vehicle on US Highway 89/191. As described above for the lynx, the addition of about 43.8 vehicles per day to traffic on US Highway 89/191 will be an increase in traffic of 0.6 to 0.8% depending on the month – an insignificant increase in traffic given the relatively large amount of existing traffic on the road. For these reasons, the proposed action is unlikely to result in wolf mortalities related to an increase in traffic.
Grizzly Bear
Potential direct and indirect effects on grizzly bears could include disturbance from increased noise and human activity during pit operation, management actions to remove bears that become habituated or food conditioned, or injury or mortality resulting from vehicle strikes. The proposed action will not result in any new loss of vegetation and, thus, will not result in habitat loss for grizzly bears.
Increased human activity and noise at the pit could cause grizzly bears to avoid the action area, especially the area immediately around the pit, during times when the pit is operational. Most operations and noise disturbance will occur during daylight hours when bears are less active, with the exception of generator use and human presence at the contractor camping area, which will potentially occur at all hours. Although a few individual grizzly bears may slightly alter their movements because of pit operations, the noise and human presence resulting from the proposed action is not expected to affect grizzly bear habitat or populations.
The potential also exists for grizzly bear mortality from management actions to remove or relocate grizzly bears that have become habituated to human presence or food conditioned. Human-habituated or food-conditioned bears are more likely to be killed by humans than
30 Spread Creek Pit – Biological Assessment
nonhabituated bears (Mattson et al. 1992b). All personnel working at the pit will be required to attend a briefing session on grizzly bears and proper food storage. Food storage requirements described in the Conservation Measures section will be strictly enforced by the BTNF. These measures should greatly reduce the risk of human conflicts with grizzly bears. During the previous 20 years of pit operations, no human-grizzly bear conflicts have been recorded at the pit.
The proposed action will result in an increase in traffic to and from the pit during pit operations, thus there is the potential for a grizzly bear to be struck by a vehicle traveling to or from the pit. To date, all documented grizzly bear-vehicle collisions in the park have occurred on roads with speed limits of 45 mph or higher. Vehicles traveling the unpaved road connecting US Highway 89/191 to the pit travel at a relatively low rate of speed (less than 30 mph), night traffic will be minimal, and any grizzly bears in the action area will likely avoid the road corridor during high traffic periods. There is also the possibility of a grizzly bear being struck by a construction- related vehicle on US Highway 89/191. As described above for the lynx, the addition of about 43.8 vehicles per day to traffic on US Highway 89/191 will be an increase in traffic of 0.6 to 0.8% depending on the month – an insignificant increase in traffic given the relatively large amount of existing traffic on the road. For these reasons, the proposed action is unlikely to result in grizzly bear mortalities related to an increase in traffic.
Wolverine
Because wolverines are known to be sensitive to human disturbances, direct and indirect effects could include individuals being temporarily displaced during periods when the pit is active. The proposed action will not remove additional vegetation, will not affect snow cover, and will have an overall insignificant impact on wolverine habitat. Reclamation will include restoring native vegetation and recontouring the pit as close to its pre-excavation contours as possible. Risk of wolverine fatalities from traffic associated with the pit may increase when the pit is operating; however, this increased risk will be small given the low speeds (less than 30 mph) on the road accessing the pit. As described above for the lynx and grizzly bear, the additional project-related traffic on U.S. 89/191 will be an insignificant increase in traffic, given the relatively large amount of existing traffic on the road, and is not likely to result in wolverine mortality.
Yellow-Billed Cuckoo
Direct and indirect effects on yellow-billed cuckoos could result from noise disturbance and increased human activity during pit operations. Although about 320 acres of riparian habitat occurs along Spread Creek within 1 mile of the pit, the proposed action will not result in any removal of riparian vegetation and, thus, will not result in a loss of potential habitat for this species.
The proposed action will result in increased noise from extraction activities at the pit, as well as equipment and vehicles traveling through habitat to reach the pit, from June 30 to October 31 of some years. Elevated sound levels will typically occur between 6 am and 9 pm. Plant operations will be audible during up to 70% of the day at distances greater than 1 mile from the pit.
31 Spread Creek Pit – Biological Assessment
Although yellow-billed cuckoos are unlikely to occur in the action area, increased noise levels could displace or alter the movements of any nearby cuckoos.
Cumulative Effects
Cumulative effects are the effects of past, present, and reasonably foreseeable future activities of state, local, or private actions in the action area. As defined under Section 7 of the ESA, the BA should consider:
“those effects of future state or private activities, not involving federal activities, that are reasonably certain to occur within the action area of the federal action subject to consultation.” [50 Code of Federal Regulations § 402.02]
Cumulative effects only involve future actions, “past and present impacts of nonfederal actions are part of the environmental baseline. Future federal actions requiring separate consultation (unrelated to the proposed action) are not considered in the cumulative effects section” (USFWS 1998). Section 7 only requires consideration of future private actions that are reasonably certain to occur.
There are no known nonfederal activities in the area; the action area is surrounded by federal lands. Future federal projects in the area will be addressed under separate Section 7 consultation.
32 Spread Creek Pit – Biological Assessment
EFFECTS DETERMINATION
Canada Lynx and Critical Habitat
Past surveys have detected two Canada lynx in the action area in 2007 and 2009. The action area contains suitable matrix (movement) habitat for lynx, and there may be limited foraging and denning habitat present, as indicated by the lynx observations near Toppings Lake Road. Regeneration of habitat may occur post-fire, providing a greater likelihood of habitat in the future. The proposed action, however, will not result in new impacts on vegetation and, thus, will not result in a loss of lynx matrix or foraging habitat. Any lynx in the action area during pit operations are likely to be transient individuals traveling to more suitable habitat elsewhere, on the fringes of the action area. There is a small, but insignificant, risk of collision with a project- related vehicle on US Highway 89/191. No incidental take is expected as a result of the proposed action. For these reasons, the proposed action may affect, but is not likely to adversely affect, the Canada lynx because the effects of the action are insignificant and discountable for the reasons previously described.
Because the proposed action will not result in new impacts on vegetation, and thus will not result in any loss or alteration of lynx critical habitat, the proposed action will have no effect on lynx critical habitat.
Gray Wolf
The proposed action will not result in habitat loss for wolves or their prey. Impacts on elk, wolves’ primary prey, are expected to be minimal. The behavior of wolves in the action area may be slightly altered by increased levels of noise, traffic, and human activity, but these changes will be insignificant and will not result in take. Implementing conservation measures for food storage will reduce the likelihood of wolves becoming food conditioned to a discountable level. The proposed action will result in an increased level of traffic during the June 30 to October 31 pit operation season. It is highly unlikely, and therefore discountable, that a wolf will be struck by a project-related vehicle due to the low speeds on the road accessing the pit. The increased risk of wolf mortalities on US Highway 89/191 will be insignificant given the small increase in traffic on this heavily travelled road. For these reasons, the proposed action may affect, but is not likely to adversely affect, the gray wolf.
Grizzly Bear
The proposed action will not result in loss of grizzly bear habitat. No denning sites are known to occur within the action area. The increased noise and human presence at the pit is not expected to substantially change grizzly bear use of the area. Implementing conservation measures for food storage and educating staff and contractors about grizzly bears will reduce the likelihood of bears becoming food conditioned to a discountable level. The proposed action will result in an increased level of traffic during the June 30 to October 31 pit operation season. It is highly unlikely, and therefore discountable, that a grizzly bear will be struck by a project-related vehicle due to the low speeds on the road accessing the pit. The increased risk of grizzly bear mortalities on US Highway 89/191 will be insignificant given the small increase in traffic on this
33 Spread Creek Pit – Biological Assessment
heavily travelled road. For these reasons, the proposed action may affect, but is not likely to adversely affect, the grizzly bear.
Wolverine
The proposed action will not remove vegetation that could provide habitat for wolverines and will not affect snow cover that could be used for denning. The behavior of wolverines in the action area may be slightly altered by increased levels of noise, traffic, and human activity, but these changes will be insignificant and will not result in take. The proposed action will result in an increased level of traffic during the June 30 to October 31 pit operation season. It is highly unlikely, and therefore discountable, that a wolverine will be struck by a project-related vehicle due to the low speeds on the road accessing the pit. The increased risk of wolverine mortalities on US Highway 89/191 will be insignificant given the small increase in traffic on this heavily travelled road. For these reasons, the proposed action will not jeopardize the continued existence of the wolverine DPS.
Yellow-Billed Cuckoo
The proposed action will not remove any vegetation that could provide habitat for the yellow- billed cuckoo. The proposed action will result in increased human presence and increased noise, which will be audible within riparian habitat in the action area. However, past surveys have determined that yellow-billed cuckoos are rare in the park, likely occurring only as transient individuals. Impacts on yellow-billed cuckoos will be insignificant, if they occur. Impacts also are highly unlikely, and therefore discountable, because this species is unlikely to occur in the action area other than as transient individuals. For these reasons, the proposed action may affect, but is not likely to adversely affect, the yellow-billed cuckoo.
The park will conduct surveys for yellow-billed cuckoos in potential habitat around the Spread Creek Pit. If yellow-billed cuckoos are detected anywhere in the action area, the park will consult with the USFWS to establish mitigations ensuring no adverse effects on the species.
Whitebark Pine
Whitebark pine is unlikely to occur in the action area, and the proposed action will not result in any new vegetation removal. Therefore, the proposed action will have no effect on this species.
34 Spread Creek Pit – Biological Assessment
Effects Determination Summary
The determination of effects for each species is summarized in Table 5.
Table 5. Determination of effects of the proposed action. Species Status Determination of Effects1 Canada lynx Threatened NLAA Canada lynx critical habitat Threatened NE Gray wolf Nonessential experimental population NLAA Grizzly bear Threatened NLAA Wolverine Proposed NJ Yellow-billed cuckoo Threatened NLAA Whitebark pine Candidate NE 1NE=no effect; NLAA=may affect, not likely to adversely affect, NJ=will not jeopardize the continued existence of the DPS.
35 Spread Creek Pit – Biological Assessment
NEED FOR REASSESSMENT BASED ON CHANGED CONDITIONS
This BA and findings above are based on the best current data and scientific information available. A new analysis and revised BA must be prepared if one or more of the following occurs: (1) new species information (including, but not limited to, a newly discovered activity area or other species information) reveals effects on threatened, endangered, candidate, or proposed species or designated/proposed critical habitat in a manner or to an extent not considered in this assessment; (2) the action is subsequently modified or it is not fully implemented as described herein, which causes an effect that was not considered in this assessment; or (3) a new species is listed or critical habitat is designated that may be affected by the action that was not previously analyzed herein.
LIST OF CONTACTS/PREPARERS
Steve Butler, ERO Resources Corporation, Natural Resource Specialist Emily Thorn, ERO Resources Corporation, Natural Resource Specialist Karen Baud, ERO Resources Corporation, Wildlife Biologist John Stephenson, Grand Teton National Park, Wildlife Biologist Jason Wilmot, Bridger-Teton National Forest, Wildlife Biologist Steve Culver, NPS Denver Service Center Jan Burton, NPS Denver Service Center
LITERATURE CITED
Copeland, J.P., K.S. McKelvey, K.B. Aubry, A. Landa, J. Persson, R.M. Inman, J. Krebs, E. Lofroth, H. Golden, J.R. Squires, A. Magoun, M.K. Schwartz, J. Wilmot, C.L. Copeland, R.E. Yates, I. Kojola, and R. May. 2010. The bioclimatic envelope of the wolverine (Gulo gulo):do climatic constraints limit its geographic distribution? Canadian Journal of Zoology 88:233–246. Federal Highway Administration (FHWA). 2003. Finding of No Significant Impact for Proposed North Park Road Reconstruction, WY PRA-GRTE 13 (1 & 4); Spread Creek Material Source; and Reclamation of Snake River Pit. Grand Teton National Park and John D. Rockefeller, Jr. Memorial Parkway Teton County, Wyoming. March 14. Gunther. K. and R. Renkin. 1990. Grizzly Bear Predation on Elk Calves and Other Fauna of Yellowstone National Park. Article in: Bears: Their Biology and Management, Vol. 8, A Selection of Papers from the Eighth International Conference on Bear Research and Management, Victoria, British Columbia, Canada, February, pp. 329-334. Available at: http://www.bearbiology.com/fileadmin/tpl/Downloads/URSUS/Vol_8/Gunther_Renkin_8.p df. Holmes, M. and N. Berg. 2009. Endeavor Wildlife Research Foundation Greater Yellowstone Lynx Study: 2008/2009 Annual Report. Jackson, WY: Endeavor Wildlife Research Foundation. Available at: http://greateryellowstonescience.org/node/3221.
36 Spread Creek Pit – Biological Assessment
Hughes, J.M. 1999. Yellow-billed Cuckoo (Coccyzus americanus). In The Birds of North America Online. Edited by A. Poole. Ithaca, NY: Cornell Lab of Ornithology; Retrieved from the Birds of North America Online. Available at: http://bna.birds.cornell.edu/bna/species/418. Interagency Grizzly Bear Committee. 1986. Interagency grizzly bear guidelines. U.S. Fish and Wildlife Service; National Park Service; Bureau of Land Management; Idaho Fish and Game Department; Wyoming Game and Fish Department; Montana Department of Fish, Wildlife, and Parks; and Washington Department of Game. Interagency Grizzly Bear Study Team. 2015. Available at: http://www.nrmsc.usgs.gov/ science/igbst/maps. Interagency Lynx Biology Team. 2013. Canada Lynx Conservation Assessment and Strategy. 3rd edition. USDA Forest Service, USDI Fish and Wildlife Service, USDI Bureau of Land Management, and USDI National Park Service. Forest Service Publication R1-13-19. Available at: http://www.fs.fed.us/biology/resources/pubs/wildlife/LCASrevisedAugust2013.pdf. MacDonald, J. 2014. Noise Impact Study of Spread Creek Gravel and Asphalt Operations, Grand Teton National Park. Mattson, D.J. and R.R. Knight. 1992a. Spring Bear Use of Ungulates in the Firehole River Drainage of Yellowstone National Park. In Wolves for Yellowstone? A Report to the United States Congress, Volume N Research and Analysis, edited by J.D. Varley and W.G. Brewster. National Park Service, Yellowstone National Park. Mattson, D.J., B.M. Blanchard, and R.R. Knight. 1992b. Yellowstone Grizzly Bear Mortality, Human Habituation, and Whitebark Pine Seed Crops. Journal of Wildlife Management 56:432- 442. Murphy, K.M., T.M. Potter, J.C. Halfpenny, K.A. Gunther, M. Tildon Jones, P.A. Lundberg, and N.D. Berg. 2006. Distribution of Canada Lynx in Yellowstone National Park. Northwest Science 80:199-206. NatureServe. 2016. Online Encyclopedia of Life Database. Available at: http://explorer.natureserve.org/index.htm. Last accessed: March 10, 2016. National Park Service (NPS). 1996. Biological Assessment for project to rehabilitate U.S. Highway 26/89/191/287 and develop Spread Creek material source and staging area. National Park Service (NPS). 1997. Finding of No Significant Impact. Rehabilitate U.S. Highway 26/89/191/287 and Develop Spread Creek Material Source and Staging Area. Grand Teton National Park. April 14. National Park Service (NPS). 2014. Spread Creek audibility analysis, unpublished data, Grand Teton National Park. National Park Service (NPS). 2015a. Grand Teton National Park and John D. Rockefeller, Jr. Memorial Parkway Superintendent’s Compendium. Available at: http://www.nps.gov/grte/learn/ management/upload/2015-Superintendent-s- Compendium.pdf. National Park Service (NPS). 2015b. Biological Assessment for Moose-Wilson Corridor Draft Comprehensive Management Plan / EIS, Grand Teton National Park. December 11.
37 Spread Creek Pit – Biological Assessment
National Park Service (NPS). 2016. Grand Teton National Park traffic count data. Available at: https://irma.nps.gov/Stats/SSRSReports/Park%20Specific%20Reports/Traffic%20Counts. Pyare, S. 2005. A Canada Lynx Survey and Prey-Based Habitat Assessment on the Northern Bridger-Teton National Forest and Grand Teton National Park. Draft final report. Grand Teton National Park files. Ruediger, B., J. Claar, S. Gniadek, B. Holt, L. Lewis, S. Mighton, B. Naney, G. Patton, T. Rinaldi, J. Trick, A. Vandehey, F. Wahl, N. Warren, D. Wenger, and A. Williamson. 2000. Canada Lynx Conservation Assessment and Strategy. USDA Forest Service, USDI USFWS, USDI BLM, and USDI NPS. Forest Service Publ. #R1-00-53, Missoula, MT. Available at: http://www.fs.fed.us/r1/ wildlife/carnivore/Lynx/lcas.pdf. Ruggiero, L., K. Aubry, S. Buskirk, G. Koehler, C. Krebs, K. McKelvey, and J. Squires. 2000. Ecology and conservation of lynx in the United States. General Technical Report RMRS- GTR-30WWW. Fort Collins, CO: U.S. Department of Agriculture, Forest Service, Rocky Mountain Research Station. Available at: http://www.fs.fed.us/rm/pubs/rmrs_gtr030.html. Tanimoto, P.D. 1998. Lynx Management Assessment and Comment to the US Fish and Wildlife Service’s Proposal to List the Lynx under the Endangered Species Act of 1973. Unpublished report under contract with Biodiversity Legal Foundation, Defenders of Wildlife, and Predator Conservation Alliance, Moscow, ID. October 7. U.S. Fish and Wildlife Service (USFWS). 1987. Northern Rocky Mountain wolf recovery plan. U.S. Fish and Wildlife Service, Denver, CO, USA. U.S. Fish and Wildlife Service (USFWS). 1993. Grizzly bear recovery plan. Missoula, MT, USA. U.S. Fish and Wildlife Service (USFWS). 1998. Endangered species consultation handbook. Procedures for conducting consultation and conference activities under section 7 of the Endangered Species Act. Final. U.S. Fish and Wildlife Service (USFWS). 2007a. Gray Wolf Fact Sheet. Available at: http://www.fws.gov/home/feature/2007/gray_wolf_factsheet.pdf. Accessed: February 18, 2016. U.S. Fish and Wildlife Service (USFWS). 2007b. Final conservation strategy for the grizzly bear in the greater Yellowstone area. U.S. Fish and Wildlife Service, Missoula, MT. Available at: http://www.fws.gov/mountainprairie/es/species/mammals/grizzly/Final_Conservation_Strate gy.pdf. U.S. Fish and Wildlife Service (USFWS). 2013. Endangered and Threatened Wildlife and Plants; Threatened Status for the Distinct Population Segment of the North American Wolverine Occurring in the Contiguous United States; Establishment of a Nonessential Experimental Population of the North American Wolverine in Colorado, Wyoming, and New Mexico; Proposed Rule. Federal Register 78(23):7864-7890. U.S. Fish and Wildlife Service (USFWS). 2014a. Revised Designation of Critical Habitat for the Contiguous United States Distinct Population Segment of the Canada Lynx and Revised Distinct Population Segment Boundary; Final Rule. Federal Register 79(119):35303-35309. U.S. Fish and Wildlife Service (USFWS). 2014b. Endangered and Threatened Wildlife and Plants; Threatened Status for the Distinct Population Segment of the North American Wolverine Occurring in the Contiguous United States; Establishment of a Nonessential
38 Spread Creek Pit – Biological Assessment
Experimental Population of the North American Wolverine in Colorado, Wyoming, and New Mexico; Proposed Rule. Federal Register 79(156):47522-47545. U.S. Fish and Wildlife Service (USFWS). 2014c. Determination of threatened status for the western distinct population segment of the yellow-billed cuckoo (Coccyzus americanus). Federal Register 79(192):59992-60038. U.S. Fish and Wildlife Service (USFWS). 2015. Species Description for the Wolverine. Available at: http://www.fws.gov/mountain-prairie/species/mammals/wolverine/. Last accessed: March 8, 2016. U.S. Fish and Wildlife Service (USFWS). 2016a. Information for Planning and Conservation (IPaC) Trust Resources Report for the Spread Creek Pit. Available at: https://ecos.fws.gov/ipac/. U.S. Fish and Wildlife Service (USFWS). 2016b. Gray Wolves in the Northern Rocky Mountains, News, Information, and Recovery Status Reports. USFWS website. Available at: http://www.fws.gov/mountain-prairie/species/mammals/wolf/. U.S. Fish and Wildlife Service (USFWS). 2016c. Press Release: U.S. Fish and Wildlife Service Proposes Delisting Yellowstone Grizzly Bear Due to Recovery. Available at: http://www.fws.gov/news/ShowNews.cfm?_ID=35492&ref=u.s.-fish-and-wildlife-service- proposes-delisting-yellowstone-grizzly-b. U.S. Forest Service (USFS). 1997. Decision Notice and Finding of No Significant Impact. USDA Forest Service. Bridger-Teton National Forest. Buffalo Ranger District. Teton County, WY. April 21. U.S. Forest Service (USFS). 2007. Northern Rockies Lynx Management Direction: Record of Decision. Wyoming Game and Fish Department (WGFD). 2016. Wyoming Game and Fish online data. Available at: http://wyowildlife.wgfd.opendata.arcgis.com/.
39
Appendix A Grizzly Bear Protection Measures
[This page intentionally left blank] Exhibit 2 ·~ Bridger - Teton National Forest
Grizzly Bear Protection Plan
The National Forests surrounding Yellowstone National Park are grizzly country. It is mandatory that all permit holders learn about the bears and learn how to avoid a confrontation with one. This plan is made part of your permit by reference (see Terms and Conditions).
The following rules are designed to minimize grizzly/human encounters and ~re part of a special order issued by the Forest Service on August 13, 1990, under authority of 36CFR261.50. Compliance with these rules is necessary to ensure your safety and the long-term survival of the grizzly bear and will be strictly enforced:
1) All food and beverages including canned food, pop, beer; garbage; oil and grease; processed livestock or pet food; and scented or flavored products (soaps and toiletries) must be stored unavailable to bears at night. and when unattended during the day. Possible bear attractants include: barbeques, hummingbird feeders, bird feeders, fish entrails, fish bait, garbage cans, and dog and cat food bowls. "Attended" means that you are within sight and so-und of the items at all times. 2) The items listed in "1 '~ (above), must be stored inside a bear resistant storage container or a hard-sided vehicle. Food should be stored out of sight in vehicles. Coolers, pop-up campers, and tents are NOT considered bear resistant Garbage and recycling items must be stored inside a bear resistant container or vehicles until disposed of outside the forest or park. 3) Food and odors attract bears. Do not endanger yourself and others by rewarding a bear with food. 4) All sightings of or encounters with grizzly bears must be reported to the Bridger - Teton National Forest as soon as possible. Report grizzly tracks within 24 hours, and sightings, to Steve Haydon, Forest Supervisor's Office, at 307-739-5535. 5) The permit holder is responsible for all operations related to the pit, and is responsible for informing all workers and guests of the requirements of this plan. 6) If you do see a bear, leave the area immediately. Do not stop to watch the bear, take pictures, or otherwise harass the bear. 7) No roaming pets are pennitted at the site.
[This page intentionally left blank] Exhibit :f/P 3
GRIZZLY BEAR MANAGEMENT AND PROTECTION PLAN
Spread Creek Gravel Source Bridger-Teton National Forests
GRIZZLY BEARS HAVE A FANTASTIC SENSE OF SMELL AND CAN BE AITRACTED TO FOOD ODORS OR OTHER SMELLY SUBSTANCES FROM A LONG DISTANCE. ONCE NEARBY, THEY CAN ALSO BE AITRACTED TO SUCH THINGS AS TOOTHPASTE, CANNED FOOD OR PACKAGED SNACKS. THEY REALLY LIKE SWEETS.
ONCE BE'ARS HAVE FOUND AN EASY FOOD SOURCE, SUCH AS GARBAGE OR UNAITENDED COOLERS (BEAR "FAST FOOD"), THEY REMEMBER IT AND WILL CONTINUE TO SEEK OUT SIMILAR SOURCES, OR REVISIT PLACES WHERE THEY FOUND IT. WHEN HUMANS ARE NEAR THESE SOURCES OR PRIOR SOURCES, THERE IS ALWAYS A POTENTIAL FOR A GRIZZLY - HUMAN CONFLICT SITUATION.
THE EARLY SPRING AND FALL ARE TIMES OF THE YEAR WHEN GRIZZLY BEAR ACTIVITIES ARE MOST FREQUENT WITHIN THE PROJECT AREA. IN SPRING, THE BEARS CONCENTRATE ON REBUILDING THE BODY FAT THAT WAS LOST DURING WINTER HIBERNATION. IN EARLY FALL, THEY CONCENTRATE ON INCREASING THEIR BODY FAT IN PREPARATION FOR WINTER HIBERNATION. THE VALLEY BOITOMS AND OPEN MEADOWS WITHIN THE PROJECT AREA PROVIDE THEM WITH THE NATURAL FOOD SOURCES THEY NEED. GRIZZLIES WILL AGGRESSIVELY PROTECT THEIR FOOD SOURCES. THROUGHOUT THE YEAR, FEMALE BEARS WITH CUBS WILL EVEN MORE AGGRESSIVELY PROTECT THEIR YOUNG.
FOR THE PROTECTION OF PROJECT PERSONNEL AND THE BEARS THEMSELVES, AND TO MINIMIZE POSSIBLE CONFLICTS WITH GRIZZLY BEARS, THE FOLLOWING GRIZZLY BEAR MANAGEMENT AND PROTECTION PLAN HAS BEEN DEVELOPED FOR THIS PROJECT.
1) All personnel working on the project shall become familiar with and comply with the USPS Grizzly Bear Special Order at all times. All materials which could be classified as Grizzly Bear attractants will be subject to the attached Special Order. Copies of the Special Order shall be posted in all construction camps, staging areas, and other locations where construction personnel may gather.
2) All foods, beverages, petfood and any processed or unprocessed (hay, grain, Oats, etc.) livestock feed shall be kept unavailable to bears when left unattended and at night. Storage of all foods will follow the defined "Acceptable Storage Means" in the Special Order. Acceptable storage includes the front or back seat or trunk of locked vehicles or metal trailers. 3) Lunches, snacks and beverages shall be contained in closed vehicles or bear-resistant containers at all times, except when they are being eaten.
4) Garbage is a prime attractant and proper handling and storage is essential in avoiding bear/human conflict. Any garbage containing food materials shall be treated like food and stored unavailable to bears. Garbage shall be made unavailable by securing in a fully enclosed bear-resistant container. It shall be removed from the site frequently, if not daily, and not allowed to accumulate. Garbage includes: empty beverage cans; empty or used food containers from foods, pet foods, etc.; and liquid or semi-liquid food waste (cooking grease, dishwater, etc.).
5) Petroleum products and anitfreeze are considered bear attractants. Containers of both products must not be left open and unattended. Spills must be immediately cleaned up. When not being used, or for overnight, petroleum products and antifreeze must be stored in acceptable bear-resistant storage.
6) All project personnel shall be made aware of the protected status of the grizzly bear and how to prevent grizzly/human conflict. Project personnel, including new employees, supervisors and incidental visitors to the work sites will receive special grizzly bear instructions prior to beginning work.
7) In times of exceptional grizzly bear activity, as determined by the Forest Service, the Project Engineer shall contact the Forest Service liaison on a daily basis to determine specific areas of grizzly bear activity. The following actions may be put into effect, depending on the bear activity situation. Special actions and restrictions will be in effect until grizzly activity in the affected areas has declined.
A) Restrict or curtail human/construction activity in specified areas. B) Restrict human/construction activities to daylight hours only. C) Prohibit outside cooking in staging areas. D) Establish a special incident team to coordinate human/bear conflict situations. The team may include project, USFS, Federal Highways, Game & Fish or Fish and Wildlife Service personnel.
8) When project personnel encounter grizzly bears, bear activity or dead animal carcasses within or near the project sites, work in the immediate vicinity shall cease and the Project Engineer shall be immediately notified. The Project Engineer shall report the activity to the Game and Fish and Forest Service liaison as soon as possible. No attempt should be made by untrained personnel to approach bears or to move or disturb carcasses. Personnel should keep at least 100 meters away from bears, bear activity and carcasses.
9) Staging areas shall be provided with bear-resistant dumpsters or other approved bear-resistant storage for attractants and garbage. The use of lime or other odor/decomposition-reducing chemicals in dumpsters immediately after they are dumped should be considered. Bag all garbage before putting in the dumpster and double-bag liquids or semi-liquid materials (grease, oils, etc.) 10) Areas of the project where activity has occurred during the day shall be patrolled as the day's operation is shutting down to make sure everything is secured: dumpster lids are fastened, coolers are not outside, beverages not in the creek, garbage picked-up, petroleum products properly stored, etc.
11) Forest Service officials will make regular visits to the project area to monitor compliance with bear related requirements. They will also be available for training of project personnel and to discuss bear issues and answer questions. If violations of the Special Order are found, a citation may be issued (ref. Special Order).· Items pertaining to overall project coordination and compliance will be immediately brought to the attention of the Project Engineer.
12) Project personnel are prohibited from carrying firearms on their person or in their vehicles while working in the project area. If personnel feel that it is necessary to carry personal protection, the purchase of approved bear repellent pepper spray is recommended. The product is commercially available as a bear deterrent.
13) Project personnel are prohibited from bringing pet dogs into the project area while working. Dogs aggravate bears and could cause a human-bear confrontation.
14) Flag persons are in a unique position to be able to provide information to travelers about the grizzly bear. They are also the most vulnerable to direct contact with grizzly bears. Flaggers shall be specially instructed and trained in grizzly bear information and human-bear conflict avoidance so they can provide the travelling public with information if asked.
DURATION OF Tms PLAN
This plan will apply to any and all subcontractors and their employees. The contractor will be responsible to see that all subcontractors and their employees are made aware of the contents.
This plan will be in force for the duration of the above-referenced special use permit for the Spread Creek Materials Source. Order Number 04-00-104
United States Department of Agriculture Forest Service Rocky Mountain Region—Shoshone National Forest Intermountain Region—Bridger-Teton National Forest
OCCUPANCY AND USE RESTRICTIONS
For the purpose of minimizing adverse interactions between bears and humans and pursuant to Title 36 Code of Federal Regulations (CFR), 261.50 (a) and (b), the following uses are restricted in those areas of the Shoshone National Forest and the Bridger-Teton National Forest as shown on the attached map (Exhibit B) and hereby made part of this Order. Also attached, and hereby made part of this Order, are Definitions (Exhibit A) of terms used in support of the restrictions. This Order is effective March 1 through December 1, annually, until rescinded. 1. Possessing or storing any food or refuse, as specified in the Order (36 CFR 261.58 (cc). 2. Possessing, storing, or transporting any bird, fish, or other animal, or parts thereof, as specified in the Order (36 CFR 261.58 (s). 3. Camping as specified in the Order (36 CFR 261.58 (e).
UNDER THIS ORDER IT IS REQUIRED THAT
1. All food and refuse must be acceptably stored or acceptably possessed during daytime hours. 2. All food and refuse must be acceptably stored during nighttime hours, unless it is being prepared for eating, being eaten, being transported, or being prepared for acceptable storage. 3. Any harvested animal carcass must be acceptably stored, unless the carcass is being field dressed, transported, being prepared for eating, or being prepared for acceptable storage. 4. Camping or sleeping areas must be established at least ½ mile from a known animal carcass or at least 100 yards from an acceptably stored animal carcass.
EXEMPTIONS Pursuant to 36 CFR 261.50 (e) the following persons are exempt from this Order: 1. Persons with a permit issued by the Forest Supervisor specifically exempting them from the effect of this Order. 2. Persons in the act of placing black bear baits for the lawful purpose of hunting black bears under state law and regulation. 3. Any Federal or State officer placing baits to capture animals for research or management purposes as part of their official duties.
Page 1 of 5 Order Number 04-00-104
These restrictions are in addition to the general prohibitions in 36 CFR Part 261, Subpart A. This Order supersedes any previous Order prohibiting or restricting the same, or similar, acts in the above-described areas.
Done this day 12 of December, 2004.
/s/ Rick Cables /s/ Jack Troyer RICK CABLES JACK TROYER Regional Forester Regional Forester Rocky Mountain Region Intermountain Region
Any violation of these prohibitions is punishable by a fine of not more than $5,000.00 for an individual or $10,000.00 for an organization, and/or imprisonment for not more than six (6) months, or both (Title 16 USC 551, Title 18 USC 3571 (b)(6), Title 18 USC 3581 (b)(7)).
Page 2 of 5 Order No. 04-00-104
Exhibit A Occupancy and Use Order No. 04-00-104 Special Order—Food Storage and Sanitation Definitions
1. “Food and Refuse” means any substance, solid or liquid (excluding water, baled hay, or hay cubes without additives) or refuse, which is or may be eaten or otherwise taken into the body to sustain health or life, provide energy, or promote growth of any person or animal. Also includes items such as soft drinks, alcoholic beverages, canned foods, pet foods, processed livestock feed and grains, personal hygiene products, and empty food and beverage containers. 2. “Animal carcass” means the dead body or parts thereof, of any harvested mammal, bird, or fish, including the head or skull plate with antlers or horns and hide or cape of big game animals and any domestic livestock that may be found in the restricted area. Packaged or prepared animal carcass products transported into the restricted area for consumption, game birds, small mammals, or fish harvested for consumption in the restricted area are considered food under the previous definition. 3. “Acceptably stored” means: a. Stored in bear-resistant container certified through the Interagency Grizzly Bear Committee Courtesy Inspection Program. A container may be certified by the local district ranger or their designated representative(s) if it meets the IGBC criteria, or b. Stored in a closed vehicle where the storage compartment is constructed of solid, non-pliable material that, when secured, will have no openings, hinges, lids, or coverings that would allow a bear to gain entry by breaking, bending, tearing, biting, or pulling with its claws (any windows in the vehicle must be closed), or c. Suspended at least 10 feet clear of the ground at all points and four feet horizontally from any supporting tree or pole, or d. Stored within a hard-sided residence, building, or storage container subject to the terms and conditions of a special-use authorization or operating plan, or e. Stored by other methods approved in a permit issued by the forest supervisor responsible for the area where the method is proposed for use. f. For animal carcasses: stored as per 3. a-e when located from 100 yards to ½ mile of a camping or sleeping area or within 200 yards of a National Forest System Trail. Animal carcasses are not considered acceptably stored when within 100 yards of a camping or sleeping area or National Forest System Trail. Animal carcasses more than ½ mile from a camping area or sleeping area and more than 200 yards from a National Forest System Trail may be left on the ground. g. Animal carcasses killed or harvested (and parts thereof) within ½ mile of any established camping area or sleeping area must be acceptably stored, possessed, or moved to a distance beyond ½ mile from any such camp or sleeping area by the party(-ies) responsible for killing or harvesting such mammal. 4. “Acceptably possessed” means: a. Possessed or attended during daytime by a person(s) that is physically present within 100 feet and direct sight of the accessible food, or b. Possessed or attended by such a person(s) for the purpose of field dressing lawfully taken animal carcasses, transporting any food or animal carcass, preparing any animal carcass or food for eating, or eating any food.
Page 3 of 5 Order No. 04-00-104
5. “Camping/sleeping area” means National Forest System Lands temporarily used for the purpose of overnight occupancy without a permanently fixed structure or lands temporarily occupied by unattended camping equipment. 6. “Daytime” means ½ hour before sunrise to ½ hour after sunset, Mountain Time. 7. “Night time” means ½ hour after sunset to ½ hour before sunrise, Mountain Time. 8. “National Forest System Trail” means a trail wholly or partly within, or adjacent to, and serving a part of the National Forest System and which has been included in a forest recreation map.
Page 4 of 5 Order No. 04-00-104
Exhibit B Occupancy and Use Order No. 04-00-104 Special Order—Food Storage and Sanitation Area of Application
WESTERN BOUNDARY: North from Alpine along divide of Snake River Range from Dry Gulch to Ferry Peak summit, along top of divide to Deadhorse Peak and north along Targhee-Bridger-Teton Forest boundary.
SOUTHERN BOUNDARY: The expanded food storage boundary on the Bridger-Teton National Forest begins on the southwest at the south side of the confluence of the Snake and Greys Rivers. It then runs east and north along the Snake River corridor, including that area ½ mile south and east of the river itself, to the junction with the Hoback River. At Hoback Junction the area covered by the food storage order runs east along the Hoback River corridor, also including that area up to ½ mile south of the river, to where the Hoback River leaves U.S. 189/191. From there the food storage order applies north of the U.S.189/191 corridor, also including that area up to ½ mile south of the highway and running east to the Forest boundary in T37N, R111W, Section 32 (The Rim). From there the boundary runs northeast along the Forest boundary to the Green River, then southeast along the Forest boundary to Boulder Creek, then east and north along the south side of Boulder Creek to Pipestone Creek, then north along the south side of Pipestone Creek to Lake Prue, then northeast along the south side of Europe Canyon to the Continental Divide.
Page 5 of 5