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DECISION MEMO

IDAHO ANGLER MCCALL (DBA FLY FISH MCCALL)

OUTFITTER AND GUIDE REAUTHORIZATION

U.S. FOREST SERVICE

PAYETTE NATIONAL FOREST

NEW MEADOWS, MCCALL, AND KRASSEL DISTRICTS

VALLEY, ADAMS, AND IDAHO COUNTIES, IDAHO

BACKGROUND

The purpose of the project is issue a special use authorization to Fly Fish McCall for outfitting and guiding activities that provide clients opportunities to fish in high mountain lakes and streams. The action is necessary for Fly Fish McCall to retain the areas previously permitted for these activities because their current authorization expires May 1, 2016. Fly Fish McCall allows recreationists a unique opportunity to experience backcountry areas of the Payette National Forest in order to engage in sport fishing. A commercial needs assessment completed in 2012 affirmed that there is a need to provide these types of services to the public. Commercial guides allow for a quality experience for Forest visitors that may lack the skill to be in the backcountry on their own and allows guides to provide education about the Forest, ethical fishing practices and Leave No Trace practices.

DECISION

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I have decided to reauthorize Idaho Angler McCall ( dba Fly Fish McCall) for their priority use permit for a new 10 year term. This authorization will allow the permit holder to continue to provide outfitting and guiding services specializing in high mountain lake and stream fishing operations. Actual use for the permit is adjusted to 97 service days. The holder has 8 operating areas and no assigned sites (see Figure 1 ). The project design features and mitigation measures in Appendix A of this Decision Memo will be incorporated into their operating and maintenance plan.

This action is categorically excluded from documentation in an environmental impact statement (EIS) or an environmental assessment (EA). The applicable category of actions is identified in agency procedures as 36 CFR 220.6(e)(15) - "Issuance of a new special use authorization for a new term to replace an existing or expired special use authorization when the only changes are administrative, there are no changes to the authorized facilities or increases in the scope or intensity of authorized activities, and the applicant or holder is in full compliance with the terms and conditions of the special use authorization." This category of action(s) is applicable because the existing permit is expiring, the operator has performed in an acceptable manner, and a new permit will be issued for a new term with no increase in scope or intensity of activities.

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I find that there are no extraordinary circumstances that would warrant further analysis artd documentation in an EA or EIS. I took into account resource conditions identified in agency procedures that should be considered in determining whether extraordinary circumstances might exist:

• Federally listed threatened or endangered species or designated critical habitat, species proposed for Federal listing or proposed critical habitat, or Forest Service sensitive species - This project was addressed in the 2007 fisheries biological assessment for ongoing and new actions, with a determination of not likely to adversely affect listed species and consultation concluded with the issuance of the U.S. Fish and Wildlife Service Biological Opinion 2009-F-0063/4 and NOAA National Marine Fisheries Service Letter of Concurrence 2008/06620,06618. Required mitigation measures are included in Appendix A of this Decision Memo. This project was addressed in the Biological Evaluation for ongoing and new actions in 2007 with a determination of not likely to lead to listing for westlope cutthroat trout, a Forest Service sensitive species. This project was addressed in the 2007 wildlife biological assessment for ongoing and new actions, with a determination of no effect to listed species and consultation concluded with the issuance of the U.S. Fish and Wildlife Service Biological Opinion 2009-F-0063/4. This project may impact individuals of sensitive wildlife species, but would not contribute to trend any towards listing. If present, species may avoid the area for a short duration but are expected to return after activities cease.

• Flood plains, wetlands, or municipal watersheds - No impacts to flood plains, wetlands or municipal watersheds as long as project design features in Appendix A are followed.

• Congressionally designated areas such as wilderness, wilderness study areas, or national recreation areas - This project is not located in any Congressionally designated areas.

• Inventoried roadless areas or potential wilderness areas - This project includes activities in Idaho Roadless Areas and is consistent with the Idaho Roadless Rule as provided for in 36 CFR 294.22(d) Activities in Idaho Roadless Areas shall be consistent with the applicable management classification listed for each area under 294.29. Coordination with the Idaho Roadless Commission has been completed.

• Research natural areas - This project is not located in a Research Natural Area.

• American Indians and Alaska Native religious or cultural sites - Tribal consultations with the Shoshone-Paiute Tribes of Duck Valley, Shoshone-Bannock Tribes of Fort Hall, and Nez Perce Tribe have been completed. No cultural concerns were raised.

• Archaeological sites, or historic properties or areas - This action does not qualify as an undertaking as per 36 CFR 800.16.

PUBLIC INVOLVEMENT

This action was originally listed as a proposal on the Payette National Forest Schedule of Proposed Actions and updated periodically during the analysis. Scoping notices were mailed to the Idaho Outfitter and Guide Licensing Board and the Idaho Department of Fish and Game

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McCall Office, Idaho County Commissioners, Adams County Commissioners, and Valley County Commissioners as well the forest hardcopy mailing list of 9 individuals. The project specific website was published in February 2016. A public scoping notice was sent to 223 subscribers via GovDelivery on March 16, 2016 and comments were solicited in the Comment Analysis and Application System. Two comments were received, one supported the project and one raised questions about details of permit administration but did not oppose the project.

FINDINGS REQUIRED BY OTHER LAWS AND REGULATIONS

This decision is consistent with the Payette National Forest Land Management Plan. The project was designed in conformance with these elements of the Plan.

Recreation Access Goals

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

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REGOOJ Manage, operate, and maintain a year-round recreation program and recreation resources to meet established standards to provide for health and cleanliness, safety and security, facility conditions, responsiveness o customers, environmental setting, and permit administration.

Recreation Objective

REOBJ 6 Foster and strengthen partnerships between public and private sectors to effectively and efficiently manage recreation and tourism facilities.

Recreation Standard

REST06 When a State or Federal license or permit is required for recreation special use activity or operation on the Forest, that license or permit shall be a prerequisite to issuance of any special-use authorization

ADMINIS_TRATIVE REVIEW (APPEAL) OPPORTUNITIES

This decision is not subject to administrative review, appeal, or objection. The procedures for legal notice (Sec. 215.5) and opportunity to comment (Sec. 215.6) do not apply to projects and activities which are categorically excluded from documentation in an environmental impact statement (EIS) or environmental assessment (EA) pursuant to FSH 1909.15, Chapter 30, section 31. (Sec. 215.4).

IMPLEMENTATION DATE

Project implementation is anticipated to begin in May 2016.

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CONTACT

For additional information concerning this decision, contact: Susan Jenkins, Recreation Program Manager for McCall and New Meadows Districts, 208-634-0415, sjenkins02@fs.fed.us, McCall Ranger District 102 West Lake Street McCall, ID 83638.

Lisa J. iifnier

McCall District Ranger

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

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APPENDIX A: PROJECT DESIGN FEATURES AND MITIGATION MEASURES FOR IDAHO ANGLER (OBA FLY FISH MCCALL) SPECIAL USE REAUTHORIZATION

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

Recreation:

Use Levels:

• A total of 97 priority use days for all operating areas. • A maximum of six rods/day/lake and a maximum of 12 user days/lake/season in

operating areas one, two, three and four. • A maximum of 40 user days/ lake/season in operating areas five, seven and eight. • A maximum of 97 user days/lake/season in operating area six.

Pack Stock: Only limited use of llamas and goats are permitted to support guided operations. No other type of pack animal is authorized.

Grazing: No head months.(grazing acreage/days) are permitted. 100% supplemental feed is required for all pack animals. All supplemental feed must be 100% weed free on National Forest System Lands. Holder must carry proof of weed free feed at all times when operating on National Forest System Lands.

The following is applicable for all authorized activities:

• Itinerant camps will be approved for 1-2 day use/trips. All trips must be approved in advance by the Forest Service. Locations for camps must be provided.

• Maximum group size of 10 pack animals (llamas or goats) is permitted unless otherwise approved in advance by the Forest Service.

• Permittee to disperse fire rings if used. • No permanent improvements such as fire rings, poles, etc. • Itinerant camps will be located at least 100 away from any live body of water. Use of already

hardened sites is encouraged. • Keeping of pack animals is not permitted within 300 feet of any lake or waterbody. Pack

animals must be contained via electric fence or highline method using tree savers. Use of already hardened sites is encouraged.

• The permit authorizes the grazing of pack animals only during the course of commercial operations (meaning while packing goods and equipment for clients). 100% supplemental feeding is required; no grazing use is authorized.

• Trip itineraries not scheduled by the annual Proposed Use form must be approved prior to use, if possible. The Forest Service will be notified in advance of cancellations or other charges not previously approved in the operating plan.

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• Maintenance of Non-Forest Service System trail is the responsibility of the permittee and requires prior approval by the Forest Service.

• No new trails may be cleared or constructed without prior written approval of the Forest Service.

As prescribed by the Biological Evaluation for Wildlife:

• Trees and snags found to contain nesting cavities will not be disturbed or cut. No trees or snags with active nests will be cut.

As prescribed by the Biological Evaluation for Plants:

The following are management requirements that should help ensure the continued viability of the sensitive plant habitat in the project area:

• The outfitter will be provided with a map of the rare plant sensitive areas and asked to avoid camping and grazing in those area.

• No cutting or trimming of whitebark pine is permitted. • No tethering of livestock to whitebark pine is permitted. • No cutting or using of whitebark pine as firewood is permitted. On the Payette National

no whitebark pine is allowed for fire wood use in order to help retain woody debris in their habitat.

As prescribed by the Biological Assessments (2007) for Fisheries

• Annually inspect permitted campsite(s) • Check camps to see (1) that they are meeting Forest Plan standards, (2) if they are

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

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

• Determine whether permit conditions are being met • If there are potential adverse effects, consultation will be reinitiated • Annual training will be provided by the forest to outfitters and guides about how to avoid

adverse effects to listed fish. • The Forest will report noncompliance with outfitter and guide operating plans to the level

one team.

As requested by the Nez Perce Tribe

• Fly Fish McCall guides will review educational material provided by the Nez Perce Tribe on how to identify redds.

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• Work with Forest Service fisheries personnel to ensure that guides clearly understand how to identify bull trout and brook trout hybrids for catch and release purposes.

• Note: This is already a requirement of the permit.

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