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DECISION MEMO

KERN RIVER VALLEY CHAMBER OF COMMERCE ANNUAL FISHING DERBY RECREATION EVENT SPECIAL USE PERMIT

U.S. FOREST SERVICE, SEQUOIA NATIONAL FOREST

KERN RIVER RANGER DISTRICT

KERN COUNTY, CA

BACKGROUND

On March 27, 2017, the Kern River Valley Chamber of Commerce (KRVCC) submitted an application to hold annual fishing derbies on Isabella Lake (T25-26S, R33-34E, Mount Diablo Base and Meridian) on the Kern River Ranger District of the Sequoia National Forest. The KRVCC has held annual fishing derbies on Isabella Lake since 1989 and has obtained a special use permit (SUP) from the Forest Service (FS) since the early 1990's.

DECISION

I have decided to issue a 5-year temporary SUP to KRVCC to hold annual fishing derbies on Isabella Lake. I decided to issue this temporary SUP because this project will emphasize and facilitate opportunities for recreation in a natural setting. The fishing derby takes place annually over a three day period in March or April and generates substantia l revenue for the Kern River Valley community.

An annual operating plan prepared jointly with the KRVCC and the FS will address the following items:

• obtaining a permit for this activity from the California Department of Fish and Wildlife; • informing participants to be courteous to other Forest recreationists they may encounter who may

not be participating in the derby;

• informing participants that all California Department of Fish and Wildlife regulations are in effect;

• coordinating with the Forest Service to provide recreation and resource protection information, giving campfire permits, providing maps, issuing the Southern Sierra Use Pass, and answering other general FS related questions at the Derby Headquarters;

• coordinating with the Forest Service to publicize which developed campgrounds, dispersed camping areas, and day-use areas will be open or closed during the derby; and

• providing and servicing portable restrooms and trash bins at various locations around the lake during the derby.

Derby participants are required to pay all visitor fees associated with using FS lands during the event. KRVCC knows that they do not have exclusive use of the shore around Isabella Lake. FS patrol and law enforcement personnel will monitor the shore of the lake for potential conflicts between other forest users and fishing derby participants. People camping for more than 14 days in one spot are subject to fines.

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The Federal Lands Recreation Enhancement Act, Title VIII, Div. J, of PL 108-447 December 8, 2004 provides the principal authority to issue recreation event SUPs on National Forest System lands.

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An environmental assessment (EA) or environmental impact statement (EIS) will not be prepared. Resource conditions pertaining to extraordinary circumstances, including associated resource specialists' input, were reviewed and no extraordinary circumstances were found to exist to preclude use of a categorical exclusion in accordance with Council on Environmental Quality regulations at 40 CFR 1508.4. The project, as designed, will have little to no effect on the natural or human environment.

Since there are no extraordinary circumstances related to this proposal, it may be categorically excluded from documentation in an environmental assessment or environmental impact statement under 36 CFR 220.6(e)(15)) - (FSH 1909.15- 32.2(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 any changes to the authorized facilities or increases in the scope or intensity of authorized activities, and the applicant is in full compliance with the terms and conditions of the special use authorization.

This category is appropriate because the new SUP will be issued for a new 5-year term to replace the expired SUP and there are no changes to the authorized facilities or increases in the scope or intensity of authorized activities, and the applicant is in full compliance with the terms and conditions of the special use authorization.

REVIEW OF EXTRAORDINARY CIRCUMSTANCES

In deciding whether a categorical exclusion may be used, the responsible official must assure there are no extraordinary circumstances related to the proposed action warranting further analysis and documentation in an EA or EIS. In accordance with FSH 1909.15 Section 31.2, the following resou rce conditions were considered in determining whether extraordinary circumstances related to the proposed action warranted further analysis and documentation in an EA or EIS:

(1) Federally listed threatened or endangered species or designated critical habitat, species proposed for Federal listing or proposed critical habitat, or Forest Service sensitive species. There are no known federally listed plant or animal species or their habitats, nor are there any Forest Service sensitive species that would be affected by operations authorized by this SUP.

(2) Floodplains, wetlands, or municipal watersheds. Since operations authorized by the SUP do not involve any ground disturbing activities, operations authorized by this SUP will not adversely affect any floodplains, wetlands, or municipal watersheds.

(3) Congressionally designated areas such as wilderness, wilderness study areas or national recreation areas. The operations authorized by the SUP will not affect any wilderness, wilderness study area, or national recreation area determinations.

(4) Inventoried Roadless Areas or potential wilderness areas. The operations authorized by the SUP will not affect any inventoried roadless or potentia l wilderness area determinations.

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{5) Research Natural Areas. The operations authorized by the SUP will not affect any research natural area determination.

{6) American Indian and Alaska Native religious or cultural sites. The operations authorized by the SUP will not conflict with Native American Indian religious or cultural sites. It is expected that the operations authorized by the SUP will not adversely affect cultural resource values or place restrictions on cultural traditional practices. No archeological sites or sites eligible for National Historic Register listing will be adversely affected by this proposal. No extraordinary circumstances exist for this resource condition.

(7) Archaeological sites or historic properties or areas. Use is similar to those allowed for the general public. Implementation of the project would not adversely affect American Indian religious or cu ltural sites. No extraordinary circumstances exist for this resource condition. If there is a need for any ground disturbing activity, additional cultura l consultation with the Forest Service is required. If any previously unidentified cultural resources are located during project implementation, the find must be protected and reported immediately to the Heritage Resource Staff. All SUP operations in the vicinity of the find will be suspended until the site is reviewed and appropriate recordation/evaluation completed by a District Archaeologist.

PUBLIC INVOLVEMENT

This action was added in March, 2017 to the Sequoia National Forest Schedule of Proposed Actions. A scoping letter requesting input regarding issuing temporary SUPs was mailed on February 1, 2017 to the following:

• Mediated Settlement Agreement contacts,

• local Chambers of Commerce, • Native American community, • local elected officials, • local media,

• other concerned governmental agencies, • people who were interested in apiaries, and

• the general public.

There was one response to the scoping letter from the public with no extraordinary circumstances identified for this project.

FINDINGS REQUIRED BY OTHER LAWS AND REGULATIONS

• National Forest Management Act. This decision is consistent with the Sequoia National Forest Land and Resource Management Plan (LRMP) (1988) as amended by the Sierra Nevada Forest Plan Amendments (2001 and 2004) and is compliant with the Mediated Settlement Agreement (1990). The purpose of the proposed action is to respond to the application and meet the standards and guidelines in the LRMP to continue a level of administration of specia l uses that meets current direction.

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• The Federal Lands Recreation Enhancement Act 16 USC 6802(h) provides the principal aut hority to issue outfitter gu ides SUPs on National Forest System lands.

• National Historic Preservation Act. All owing the Holder to proceed with this project is covered under Programmatic Agreement among the U.S.D.A. Forest Service, Pacific Southwest Region (Region 5), California State Historic Preservation Officer, Nevada State Historic Preservation Officer and the Advisory Council on Historic Preservation Regarding the Processes for Compliance with Section 106 of the National Historic Preservation Act for Management of Historic Properties by National Forests of the Pacific Southwest Region (Regional PA}

• Endangered Species Act. No threatened, endangered, or candidate species are affected by issuing thi s SUP.

• Migratory Bird Treaty Act. Issuance of thi s SUP will not affect snags, recruitment of snags, green tree retention, down wood, and diversity which will provide for migratory bird habitat at the project scale .

• Clean Water Act. Issuance of this SUP will not confl ict with requirements of the California Centra l Valley Regional Water Quality Control Board, California Water Code or Federal Clean Water Act.

• Clean Air Act. Issuance of this SUP will not conflict with the Clean Air Act, Cal ifornia' s Title 17 (Smoke Management for Agricultural and Prescribed Burning), or local air pollution control district regulations.

ADMINISTRATIVE REVIEW OPPORTUNITY

This decision is not subject to Forest Service Regulations at 36 CFR 218.

IMPLEMENTATION DATE

Project implementation is proposed for April 2017.

CONTACT

For additional information concerning this decision or any other questions, please contact Artie Colson, Special Use Officer, at (661) 303-2814, or wr" to Artie Col son, Sequoia National Forest, Kern River Ranger District, P.O. Box 3810, Lake Isabel CA 93240.

The U.S. eR ment of Agriculture (USDA) prohibits discrimination in all its programs and activities on the basis of race, color, nation or" n, age, disability, and where applicable, sex, marital status, familial status, parental status, religion, sexual orientation, gener ormation, political beliefs, reprisal, or because all or part of an individual's income is derived from any public assistance program. (Not all prohibited bases apply to all programs.) Persons with disabilities who require alternative means for communication of program information (Braille, large print, audiotape, etc.) should contact USDA's TARGET Center at (202) 720-2600 (voice and TDD). To fi le a complaint of discrimination, write to USDA, Director, Office of Civi l Rights, 1400 Independence Avenue, S.W., Washington, D.C. 20250-9410, or call (800) 795-3272 (voice) or (202) 720-6382 (TDD). USDA is an equal opportunity provider and employer.

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