Attachment G Botanical Surveys PWS 2022_02.pdf

SECTION B-DESCRIPTION OF REQUIREMENTS

Shoshone National Forest

Botanical Surveying

Performance Work Statement (PWS)

Overview

This is a single award purchase order contract for botanical surveying services within the

Shoshone National Forest.

This award will be set aside for total small business under NAICS 541620- Environmental

Systems Protection- Environmental CO.

C.1 -DESCRIPTION OF WORK

This contract consists of visiting project areas across the Shoshone National Forest to complete botanical surveys and invasive plant surveys. Project locations will be based on both the North

Zone (Clark’s Fork, Wapiti, and Greybull Districts) and the South Zone (Washakie and Wind

River). The nearest towns to project areas include Cody, Meeteetse, Lander, and Dubois.

Botanical surveys will be focused on rare, sensitive, and invasive plants to document populations and or habitat, but may also include general species inventory. Surveys must be conducted when plants can be located and identified. Surveys should begin as soon as possible immediately after award. Surveys not possible to complete in 2022 will be completed in the 2023 growing season.

Phenology of target species will dictate specific start dates on the ground and will be established in consultation with the Forest Ecologist/COR. Survey work must be completed by September

20th, 2023. If any field work is completed in 2022, an interim draft report and data covering work completed in 2022 is due on October 15, 2022. A draft report and draft data encompassing all project areas must be submitted by October 15th, 2023. After review with the Forest Ecologist, a final report and final data is due by October 30th, 2023.

Table 1- Projected Schedule

Background:

Ground disturbing activities take place across the Shoshone National Forest which include timber harvest, fuel reduction, natural wildfire, prescribed fire, recreation, wildlife habitat enhancement, and grazing, among others. Ground disturbance represents the most significant risk to rare and sensitive species and is a great predictor of invasive plant invasion. Many proposed project locations have not been surveyed for rare, sensitive, or invasive plants or have only very limited data collected. Areas in designated Wilderness and other areas likely to be impacted by wildfire typically have very little data or very outdated surveys as well. The forest currently has predictive models for some rare species, but not all target species slated for survey. This contract will produce data that will improve the survey coverage for ground disturbing activities where current knowledge gaps exist and strengthen model validation.

This data will be used to modify project activities where appropriate to improve management strategies and protect plant populations and habitats where needed.

C.2 LOCATION OF PROJECTS:

All acres in this project will need to be completed by September 20th, 2023. Total acres to be surveyed total ~2900 acres. The project areas include the following:

The Clark’s Fork and High Lakes (Clark’s Fork District, North Zone): ~2,900 acres along highways WY296 and US212, some units extending upslope and downslope into tributaries and hill slopes near FS roads. Units are specifically identified in shape files. Units classified as predominantly Class 2 with some Class 3, and a marginal amount of Class 1. Units need an equal emphasis on rare and invasive plants. Potential is high for wetland species. Whitebark pine units are also included.

Contractor will have input into final unit selection for growing seasons 2022 and 2023 with USFS ecologist to determine feasible sites based on plant phenology, seasonal access, accessible occurrence documentation, and weather. Small unit boundary editing may occur with contractor input, but total acreage remain the same. All units have high potential for grizzly bear encounters.

Task 2022 2023 Survey Work Begins TBD June 15 - TBD Survey Work Completion September 20 September 20 Draft Report Due October 15 October 15 Draft Data Due October 15 October 15 Final Report Due N/A October 30 Final Data Due N/A October 30

If the need arises, the Forest may substitute units for other units of the same total acreage in the project area upon agreement with the contractor based on changing field conditions or unforeseen circumstances.

Work may be reached by improved gravel and unimproved dirt roads, which are accessible to the public by standard two wheel and four-wheel drive pickups. Some survey areas are located off existing roads. ATV travel is allowed on all improved roads as identified by the most recent motor vehicle use map (MVUM). No vehicle shall by-pass any officially blocked road (barriers, locked gates, posted signs, rock/log/dirt, etc.) without approval of the

Contracting Officer (CO). If approval is granted to go past locked gates, then a government-furnished key will be made available to the Contractor. Check in with CO or Contracting

Officer’s Representative (COR) prior to start of surveys to check on road conditions.

C.3 PRE-WORK MEETING

The Contracting Officer's Representative will discuss the technical requirement and project layout with the contractor prior to issuance of a Notice to Proceed.

C.4 GOVERNMENT FURNISHED PROPERTY

The Government will provide the following materials to each Contractor:

One copy of the GIS map for each of the survey project areas.

Forest Service Threatened, Endangered, and Sensitive (TES) Plant Survey Field Form

Threatened, Endangered, and Sensitive Plants Element Occurrence Protocol and Field

Guide

Threatened, Endangered, and Sensitive Plants Survey Protocol and Field Guide

Electronic data files of the units to be surveyed.

Shapefiles or other GIS files as need that the contactor may need for uploading into the GPS unit to allow navigation in the survey units on the ground

C.5 CONTRACTOR SUPPLIED MATERIALS AND OBLIGATIONS

The contractor shall provide all labor, housing, supervision, transportation, safety equipment, tools and materials necessary to perform the work specified by the contract, except for those items listed as Government-furnished. Specifically, but not necessarily all inclusively, the

Contractor shall furnish:

Compass, set to local declination

GPS system – Trimble, or Garmin unit **

Clinometer or other device allowing determination of percent slope

Plant press, plant dissecting tools

Technical Flora(s) and reference materials allowing identification of plants found

Hand lens, dissecting microscope

A digital camera with a minimum resolution of 5 mega-pixels, JPEG format.

USB/thumb drive, for submitting electronic forms, maps, photos, summary report, and electronic data files.

Contractors must have access to a computer with an internet connection, email, and Microsoft Word and Excel programs and GIS mapping software.

Spatial geodatabase of survey data

*The GPS unit used must provide 2 to 5-meter accuracy, and it must be able to be set to

NAD 83 UTM zone 12N datum with units of meters, for collecting data. Specific location data should be collected in UTMs. Data formats accepted for final products are in geodatabase (.gdb) format. All data must be accompanied by actual metadata which may be in the form of a descriptive word document, which described the parameters of the collected data. Electronic data and photographic images must be provided on thumb drives.

C.6 SURVEY SPECIFICATIONS

(1) Botany Survey Areas

Project areas in general range from about 6500 feet to 11,000 feet in elevation, with most units occurring below 9,500 feet. Vegetation types will vary including dry sagebrush, woodlands, and native bunchgrass hillslopes and meadows, mixed conifer stands, fens and wetlands, riparian areas, and occasionally alpine and subalpine communities. Project areas are generally located near some type of road access but will require hikes in difficult terrain. Occasionally survey areas will include burn scars. Soils vary from rocky volcanic to granitic to sedimentary, depending on location.

In each identified survey area, the contractor will:

1. Survey for occurrences of target plant species on the attached lists and record results on the TES Plant Survey Form (attachment E). Units shall be surveyed by using the Focused (Intuitive Controlled) method as outline in the Forest Service

TES Plant Survey Form Instructions and in the definitions. The survey approach should be tailored to the applicable target species (both rare and invasive) using the focused method.

2. Record/report GPS coordinates for specific plant occurrences on the TES Plant

Element Occurrence Field Form (attachment F) and or in the Invasive Plant database developed by the contractor as is appropriate as point data for smaller populations, or as polygon data for larger populations (more than 1,000 individuals). Survey routes will be incorporated into GPS as line data. GPS data will be provided to the Forest Service as specified in the “Contractor-supplied

Materials and Obligations” section above.

Units will be identified by a general classification scheme to gauge difficulty of access and terrain. USFS staff will provide a general classification for a project area as a whole, not in individual survey units. The most predominant classification across the project area will be used to classify it.

Table 2- Classification Scheme

Terrain variability Access

Class 1 Low variability, low to moderate elevation gains and losses, high to moderate substrate stability (Typical of units located on roadsides and along trails, open meadow or sagebrush steppe, some mixed conifer sites)

Easily accessible by road, short hike

(less than a mile generally) to unit sites

Class 2 Moderate variability, moderate to high elevation gains and losses, moderate to low substrate stability (Typical of many timbered sites, some burn scars, units with a mix of wetland, riparian, timber and sagebrush veg types)

Accessible by road, may be 4 wheel drive only, hike to units may be 1 mile or more, could be on or off trail

Class 3 Extremely variable, very steep slopes, unstable substrates, talus slopes and rock outcrop transitions (Typical of many burn scars and backcountry high elevation sites)

Accessible by difficult road access, hike to units may be substantial (more than

2-3 miles) and predominantly off trail

(2) Scope

The target of the surveys will be plant species listed on the following attachments (A, B, C, D): Invasive/Non-native/Noxious Plants of Shoshone NF (A); UFSF Region 2 Sensitive

Species Occurring on the Shoshone NF (B); USFS Shoshone NF Species of Local Concern

(C); Shoshone NF Priority Botanical Survey Units (D).

A Forest Service Threatened, Endangered, and Sensitive (TES) Plant Survey Field Form and the accompanying Guide (see attachments E) are included in the contract package. The Forest

Service Threatened, Endangered, and Sensitive (TES) Plant Survey Field Form shall be completed for each area surveyed. A TES Element Occurrence Field Form and Guide is also included for recording specific occurrences of TES species (attachment F). Lastly, the contractor will not be required to use an invasive plant datasheet, but rather will develop an invasive species feature class in a geodatabase. The attributes required for inclusion in the invasive species feature class are listed below (table 3):

Table 3- Invasive Species required attributes.

REQUIRED ATTRIBUTES

General Information Location Data Elements

Site ID Site

Location/Project

Name

Species Code

Date Easting Scientific Name

New Site or Revisit

(Y/N)

Northing Total Area Infested (gross acres)

Examiner Distribution (Clumps, scattered patch, scattered even, linear)

Region Canopy Cover (T=0-1, 1=1-5, 2=15-25, 3=25-35, 4-35-45, 5=45-55, 6=55-65, 7=65-75, 8=75-85, 9=85-95

Forest Distance from water (ft)

District Plant count estimate

State Phenology (Seedling, rosette, mature, flowering, in seed, previous year)

County

All spatial data should be returned in a geodatabase format which should include feature datasets for each geographic area and feature classes that cover survey area polygons, survey tracks, rare and sensitive species points and or polygons, and invasive plant points and or polygons.

Attributes in the rare and sensitives feature class should include the fields found the Rare Plant

Element Occurrence Field Form. Areas in page 20, 21, and 22 of Attachment E (TESP Plant

Survey Guide Form)

Photos should be taken of general habitats encountered, as well as species of note, whether rare or invasive. Survey routes and target species occurrence data will be captured by GPS and shall be provided to the Government in shapefile or geodatabase format for use with ArcGIS software. A complete list of species encountered in each project area should be provided in table format within the report. Wet locations capable of supporting wetland species should also be photographed and marked with a GPS point.

All survey reports, data gathered, and products become the property of the U.S. Forest Service, which will determine further use and distribution of the information.

The contractor/project supervisor must have at least a bachelor’s degree in Botany or Ecology and have specific experience designing and executing plant monitoring in Wyoming, Idaho, and or Montana, conducting rare and invasive plant surveys, identifying plants in the field, making field-collected specimens, using technical keys to identify plants, and using GPS data collection and GIS mapping technology. The contractor must have demonstrated experience with established plant survey protocols.

The contractor is responsible for directly supervising all work conducted by others and for ensuring that surveys are carried out by people experienced at conducting field surveys and identifying plants located in the field, including the rare and invasive/non-native species that are the target of these surveys as well as species commonly found in the Greater Yellowstone

Ecosystem (GYE).

(3) Deliverables

The following items are due as earlier described unless modified through the formal modification process:

a) Document each survey area with a Forest Service Threatened, Endangered, and Sensitive

(TES) Plant Survey Field Form, with location map attached as specified in the Form

Instructions. Document a complete species list for each major project area completed.

Document whether target species and their habitat were found or not. Negative results are valid data and should be recorded specifically. Capture spatial and attribute information within a geodatabase format.

b) Document each R2 sensitive species location with a Forest Service TES Element Occurrence

Field Form, with location map attached as specified in the Form Instructions. Capture spatial and attribute information within a geodatabase format.

c) If a possible target species plant is located that cannot be conclusively identified, the location shall be GPSed, and documented on a Forest Service Threatened, Endangered, and Sensitive

(TES) Plant Survey Field Form, indicating that positive identification could not be made, and an herbarium specimen will be collected if the population allows; otherwise, digital images will be made and provided. Unknown specimens and sensitive species should be verified with the Rocky Mountain Herbarium in Laramie, WY.

d) Document each invasive/non-native population in a spatial format with appropriate attribute information in a digital format. Large populations can be collected as a single polygon if the population is continuous. GPS data should be appropriate to the shape of the infestation: a point for small populations; a long linear polygon for trails, roadsides, etc.; a large multi-sided polygon for populations with many individuals.

e) Document survey routes spatially and include in the geodatabase. Display routes and target plant occurrences located during the survey in a hard copy format within the report.

f) DO NOT collect Federally listed species. DO NOT collect Regional Forester’s

Sensitive Plant Species, collection is only allowed if positive identification cannot be confirmed, the population size is large enough to allow for the collection of a single individual AND the contractor possesses the appropriate plant collection permits from

Shoshone National Forest.

g) Provide digital images as follows: three images of the target rare plant species, including habit and flowers/fruits, close-up images of diagnostic characteristics; and three images of the habitat (taken from different vantage points). Also document invasive plant infestations, characterizing the size of the population, a photo that demonstrates identification, general habitat, and landscape.

h) Provide a written report containing items a) through f) below. The draft report should be submitted with all components listed below, within the review period meant for minor editing. All surveyed areas should be included in the report. Report components include:

a) Introduction section

b) Methods section including describing the approach taken to determining survey routes, number of surveyors, survey results and findings of the work performed.

c) Documentation of sites containing any Threatened, Endangered, and

Sensitive/rare species, invasive/non-native species, including discussion of habitat information for areas surveyed (vegetation types, general observations, apparent conditions, and trends). Include discussion on observed disturbances where invasive species are found, locations where disturbances are lacking, or other observed influences on the condition of rare and sensitive plant habitats.

d) Include a complete list of species found within the project areas targeted for survey. Include a list of species that were targeted for habitats likely to be found in the project areas. Make note of areas where no target/invasive species were found.

e) Provide maps showing all survey routes and species of interest.

f) Bibliography of references used to identify species.

(4) Quality Control

For contract evaluation purposes only, the Contractor shall provide a detailed Quality

Control Plan (QCP) in their proposals. In general, the Quality Control Plan must demonstrate how the contractor will assure quality and meet the requirements and specifications of the contract. It shall describe how quality will be monitored to assure the performance standards are met; the supervision of the work; and personnel that will be performing the quality control. In addition, the Contractor should address industry standard guidelines, and any applicable State or Federal specifications, protection to the environment and wildlife habitat, and public safety in constructing a Quality Control Plan.

When required and after the Contractor’s Quality Control Plan has been accepted by the

Government, it will be incorporated into the Government’s Quality Assurance Surveillance

Plan.

(5) Inspection and Acceptance

a) Inspection: The Contracting Officer's Representative (COR) or the designated

Inspector may make periodic inspections of any phase of the work as it progresses. The contractor shall, without charge, make available for inspection, originals or copies of such items as field notes, working plats and drawings, material obtained through research, computation sheets, computer printouts, correspondence to and from adjoining landowners, and any other item deemed necessary to ensure contract compliance, and verify accomplishments. The Contractor shall request an inspection upon completion of the field work as outlined in the contract. The Contractor shall request an inspection upon completion of any corrective filed work required by the

COR.

b) The Government will conduct inspections of random survey units and all paperwork to determine work quality. Table 4 below outlines plan for inspecting work on this contract.

Table 4. Example of Government Quality Assurance Surveillance Plan for Vascular Plant Surveys.

Performance

Requirement

Performance

Standard

Performance Measurement

Penalties and Incentives

Adhere to all survey protocols

The procedures and documentation of the survey protocols are completed as described.

• Inspect 100% of survey and site forms to ensure compliance to protocols.

• Inspection of the survey procedures may be ongoing while survey is in progress.

See Inspection of Services, Rework and Payment

Documentation forms and maps

All forms (survey form, population site forms) and maps are filled out completely and legibly according to contract specifications and survey protocols. Able to relocate site from map. There is a linking identifier to all maps and voucher specimens. All forms are turned in on the agreed upon schedule. Forms and maps must be legible and copy-able.

Inspect 100% of survey and site forms to ensure compliance to protocols.

See Inspection of Services, Rework and Payment

Field Procedures

Survey maps or GPS tracks show that each unit area was surveyed so that a representative cross section of all major topographic features and special habitat features were surveyed.

Inspect 15% of survey units and target species site locations to determine that contract specifications are followed and performance standards met.

See Inspection of Services, Rework and Payment

Final Report Contractor provides (1) hard copy and (1) electronic copy of a Final Report.

Inspect the final survey report for quality of preparation and completeness of information in draft form before final version.

See Inspection of Services, Rework and Payment

c) Rework: The Contractor will be required to rework any area or portion thereof that does not meet the terms of the contract. If the inspection reveals the need for rework, the COR will notify the Contractor immediately in writing. All rework must be completed prior to proceeding with new areas.

d) The following deficiencies will require rework:

1. Populations or habitats not identified;

2. Survey and/or Sighting forms not filled out completely and correctly, or do not have linking identifier to any voucher specimen and map;

3. Maps that do not thoroughly or accurately portray the survey route, have target species incorrectly located, are not legible, and do not have a linking identifier to any sighting forms;

4. Sites that cannot be relocated or do not have a linking identifier to any survey forms, voucher specimens and maps;

6. GIS data that is the wrong datum, not digitized correctly, unique identifier does not match data form or is missing a required attribute and;

7. Final reports that are not complete.

e) If work falls below minimum standards for field work (e.g., inaccurate GPS coordinates) and documentation (e.g., maps, survey forms, vouchers, and report), the Government will immediately notify the Contractor in writing and order improvement of the quality of future work. Re- inspection after rework will be made in the same manner as the first inspection but in a different area. If the quality of future work is not raised to a satisfactory level within three consecutive workdays after receipt of notice in writing of unsatisfactory work, the Contractor’s right to proceed may be terminated and the contract considered in default. Repeated failure to perform work at an acceptable performance shall also be considered reason for contract termination and default action.

f) Government Quality Control Assurance Surveillance Plan: The Contracting

Officer or the Contracting Officer’s duly authorized representative COR will inspect and accept the supplies and/or services to be provided under this contract.

Monitoring may consist of:

a. Field operations by visiting job site while surveys are being completed.

b. Compliance to Quality Control Plan.

c. Compliance to any requirements including adherence to performance period and timetables.

The Government will incorporate a mutually agreed upon Contractor Quality Control Plan into a Government Quality Assurance Surveillance Plan.

g) Acceptance: Acceptance of the work will be made only after the Government has inspected and accepted the work and submittals from the Contractor and determined them to fulfill all specifications, terms, and conditions of this contract.

(6) Landscape Preservation

a. The Contractor shall give attention to the effect of contract operations upon the landscape, shall take care to maintain natural surroundings undamaged, and shall conduct the work at all times in compliance with the following requirements.

b. Prevention of Landscape Defacement: The Contractor shall not remove, deface, injure, or destroy trees, shrubs, lawns, or other natural features or any other improvements in the work area unless specifically authorized by the Government.

Unless otherwise provided herein, the Contractor shall confine contract operations to within the area designated in contract documents.

c. Protection of Streams, Lakes and Reservoirs: The Contractor shall take sufficient precautions to prevent pollution of streams, lakes, small ponds, and reservoirs with fuels, oils, bitumens, calcium chloride, silt or other harmful materials. Mechanical equipment shall not be operated in live streams without written approval of the Government.

d. The Contractor shall take all practical precautions while working to minimize soil damage, and damage or destruction of sensitive status plants and animals, and archeological resources. The work is limited as follows:

e. Utilize existing roads to fullest extent without creating new roads.

f. Utilize foot or ATV travel, when permitted, keeping in mind fire precaution levels, as the main mode of travel to survey areas where off road travel is necessary.

(7) Safety Plan The Contractor may be asked to provide a written, job specific safety plan. Contractor shall provide a written health and safety plan for the inherently hazardous conditions that exist during operations. Contractor’s health and safety plan shall identify and describe any inherently hazardous conditions and specific actions to reduce these hazards. This plan shall be provided to the CO at the post award conference. The plan should address employee safety protocols for working in areas with potential grizzly bear interactions.

DEFINITIONS

• GPS – Global Positioning System – a network of orbiting satellites that use geometry to triangulate the position of the users ground position on the earth’s surface.

• Focused (Intuitive Controlled Survey Method) – Most commonly used and most efficient method of surveying for TES Plants. During pre-field analysis, potential suitable habitat is identified for each species of interest and the survey effort is focused in those areas. This method requires adequate knowledge of suitable habitat in order to accurately select the areas of focused searching. When conducting intuitive controlled surveys, an area somewhat larger than the identified suitable habitat should be searched to validate current suitable habitat definitions. Survey effort covers a representative (80%) cross section of all major habitats and topographic features within unit areas including slopes, draws, benches, ridges, riparian or wet areas, rock outcrops and meadows and is concentrated in areas of highly suitable habitat for the target species.

• Invasive Plant Species – A species that does not naturally occur in a specific area and whose introduction does or is likely to cause economic or environmental harm or harm to human health.

• NRM – The U.S. Forest Service Natural Resource Manager (previously known as

NRIS and may be referenced as such on forms) is a set of corporate databases and computer applications designed to support field-level users. It houses the Threatened, Endangered, and Sensitive Plants

– Invasive Species (TESP-IS) database.

• Population – Multiple sites of a target species within a survey area.

• Special Status Plant Species – For the purpose of this contract, this term will refer to vascular plant species that meet the following requirements. These are species which are proposed for listing, officially listed as threatened or endangered, or are candidates for listing as threatened or endangered under the provisions of the Endangered Species Act (ESA); those listed by a State in a category such as threatened or endangered implying potential endangerment or extinction; and those designated by the Region 2 Forester as Sensitive Species or by the Shoshone NF Forest Plan as Species of Local Concern.

• Survey Area – The entire area where target species are searched for even if no target species are found.

• Target Plant Species – Species that are required to be surveyed.

• TESP – Threatened, Endangered, and Sensitive Plants

• Universal Transverse Mercator (UTM) - A projected coordinate grid system based upon one of many different mapping projections. The projected coordinate system for UTMs is Datum NAD 1983, Zones 12 North. The data is displayed in meters Easting (X coordinate) and Northing (Y coordinate).

NOXIOUS WEED CONTROL

(a) In order to prevent the potential spread of noxious weeds onto National Forest lands, the Contractor shall ensure that all equipment is cleaned and weed free.

(b) Noxious weeds are defined as any exotic plant species established or that may be introduced in the State, which may render the land unfit for agriculture, forestry, livestock, wildlife, or other beneficial uses and which is designated by the Wyoming Department of Agriculture or any County Weed Board or by other appropriate agencies having jurisdiction.

(c) All equipment and vehicles to be used at the job site shall be cleaned and certified free of noxious weeds and their seeds prior to entrance onto the National Forest. The restriction shall include equipment and vehicles intended for off-road use, as well as on road use, whether they are owned, leased, or borrowed by the Contractor or subcontractor.

(d) Cleaning shall consist of the removal of all dirt, grease, debris, and materials that may harbor noxious weeds and their seeds. This may require the use of a pressure hose. Cleaning shall occur off Federal lands.

FOOD STORAGE ORDER (Bear Safety)

For the purpose of minimizing adverse interactions between bears and humans, special food storage orders and the following apply to the entire Shoshone National Forest (see Exhibits 1 and 2, but note that the provisions are to be applied Forest-wide).

The Contracting Officer or his representatives may order an immediate temporary suspension of all activities in this contract if needed to resolve potential or existing grizzly/human conflicts. The Contractor shall immediately comply with this direction. It should be noted that the United States shall not be liable for any consequences from any such suspensions that are less than 10 days in length.

The Contractor assumes full responsibility and shall hold the United States harmless from any and all claims by the Contractor, subcontractor, or third parties for any damage to life or properties arising from the activities authorized by this contract and encounters with grizzly bears from suspensions of activities authorized by this contract. Intentional or negligent acts by the Contractor or subcontractors, employees, or third parties that result in injury or death of a grizzly bear will be cause for suspension or termination of this contract in whole or part.

No personnel should intentionally approach closer than 100 yards to a grizzly bear.

Garbage, unused foods, petroleum products, antifreeze, and other bear attractants shall be removed from the National Forest daily or stored in acceptable bear-resistant containers.

Exhibit 1: Food Storage, Occupancy and Use Restrictions, Shoshone National Forest only

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 and hereby made part of this Order. Also attached, and hereby made part of this Order, are Definitions (Exhibit E) 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.

5. 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.

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, 2003.

/s/ Rick D Cables /s/ Jack Troyer

RICK CABLES Regional Forester JACK TROYER Rocky Mountain Region Regional Forester 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)).

Exhibit 2: Food Storage, Occupancy and Use Restrictions, Definitions

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.

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.

“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.

DEFINITIONS