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USDA/FS

RIN: 0596-AC33

Publication ID: Fall 2008

Title: Piscicide Applications on National Forest System Lands
Abstract: State Fish and Game agencies typically use piscicides as a tool for managing fish populations in water bodies of the U.S. At times, these State agencies apply piscicides when they conduct fisheries management on water within the National Forest Systems lands. Current regulations at 36 CFR 251.5 and 261.9(f) require permits for all land uses and prohibit the use of any pesticide on National Forest System lands ". . . except for personal use as an insect repellent or as provided by special-use authorization for other minor uses." The wording in these regulations has led to confusion and inconsistent application of Forest Service piscicide-use policies that has delayed restoration projects and strained working relationships with State cooperators. Therefore, the Forest Service is proposing that the regulations at 36 CFR part 241 (Fish and Wildlife), 36 CFR part 251, subpart B, (Special Uses, 251.50(a)), and 36 CFR part 261, subpart A (General Prohibitions, 36 CFR 261.9(f)) be modified to allow State Game and Fish agencies to apply piscicides without first having to obtain a special use authorization, under certain conditions. A special use authorization would still be required for piscicide application within wilderness areas. The regulation will produce an efficient and standardized national approach for the application of piscicides by State agencies on National Forest System lands while retaining the Forest Service's authority over such use. Eliminating the Forest Service special use authorization requirement for this use is not expected to change the frequency of piscicide applications on National Forest System lands or change how piscicides are used. States are required to comply with other Federal laws when applying piscicides, such as the Federal Water Pollution Control Act, the Endangered Species Act, and the Federal Insecticide, Fungicide, and Rodenticide Act, as amended. Justification: In response to public comments on the Proposed Rule, the Forest Service is evaluating whether the proposed rule would require NEPA analysis of the alternatives and documentation in an environmental assessment or Environmental Impact Statement before publishing a final rule.
Agency: Department of Agriculture(USDA)	Priority: Substantive, Nonsignificant
RIN Status: Previously published in the Unified Agenda	Agenda Stage of Rulemaking: Completed Actions
Major: No	Unfunded Mandates: No
CFR Citation: 36 CFR 241 36 CFR 251.50(a) 36 CFR 261.9(f)
Legal Authority: 16 USC

Legal Deadline: None

Timetable:

Action	Date	FR Cite
NPRM	11/16/2006	71 FR 66715
NPRM Comment Period End	01/16/2007
Withdrawn	08/06/2008

Regulatory Flexibility Analysis Required: No	Government Levels Affected: None
Small Entities Affected: No	Federalism: No
Included in the Regulatory Plan: No
RIN Data Printed in the FR: No
Agency Contact: Lorrie Parker Regulatory Analyst Department of Agriculture Forest Service ATT: ORMS, D&R Branch, 1400 Independence Avenue, SW., Washington, DC 20250-0003 Phone:202 205-6560 Fax:202 260-6539 Email: lsparker@fs.fed.us