Washakie Food Storage Order.pdf

Order Number: # SHO-23-002

U.S. Department of Agriculture, U.S. Forest Service Shoshone National Forest

Occupancy and Use Prohibitions

PROHIBITIONS

Pursuant to 16 U.S.C. § 551 and 36 C.F.R. § 261.50(a), the following are prohibited annually from March 1 to December 1 on the National Forest System (NFS) lands within the Shoshone National Forest, shown on the attached map incorporated into this Order as Exhibit A (the “Described Area”):

1. Possessing or storing any food for human or animal consumption, refuse, or items that may have remnants or smell like food or refuse (including personal hygiene products, beverages, unburned food or garbage residue from fire pits or stoves, or empty food or beverage containers but excluding water or water containers, hay, or hay cubes without additives), unless these items are:

a) Attended by a person who is awake, alert, and within 100 feet and line-of-sight of the items;

b) Suspended at least 10 feet off the ground and at least four feet from any supporting tree or pole;

c) Stored in a container or using a method listed in the most current Interagency Grizzly Bear Committee Certified Bear-Resistant Products list or that has been approved under the IGBC’s courtesy inspection program (non-commercial products made for personal use may be inspected and approved under that program). This includes electric fences that are installed properly and meet the design and minimum electrical output specifications on that list, and are tested for proper operation at least every 24 hours with a voltmeter; or

d) Stored in a closed vehicle, trailer, building, or facility constructed of solid, non-pliable material that, when secured, has 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 must be closed). Horse or livestock trailers may not have any openings greater than 10 inches in two dimensions and must have any food, refuse, or animal carcasses stored more than three feet from any opening.* 36 C.F.R. §261.58(cc).

*This Order refers to these methods collectively as “Forest Service-approved storage methods.”

2. Possessing or storing any bird, fish, or other animal carcass or parts thereof (including livestock carcasses) that have not been prepared for human or animal consumption, unless these items are:

a) Being field dressed, transported, or prepared for eating;

b) Stored in accordance with Forest Service-approved storage methods and at least 100 yards from any known occupied camping area; or

c) Possessed more than ¼ mile (straight-line distance) from any known occupied camping area and more than 200 yards from any NFS Trail or Road. 36 C.F.R.

§261.58(s).

3. Camping within:

a) 100 yards of any known bird, fish, or other animal carcass or parts thereof (including livestock carcasses) stored in accordance with Forest Service-approved storage methods; or

b) ¼ mile of any known bird, fish, or other animal carcass or parts thereof (including livestock carcasses) not stored in accordance with Forest Service-approved storage methods. 36 C.F.R. §261.58(e).

EXEMPTIONS

Pursuant to 36 C.F.R. § 261.50(e), the following persons are exempt from this Order:

1. Persons with a special use authorization or other Forest Service authorization specifically exempting them from the effect of this Order.

2. Persons in possession of a state-issued black bear hunting license in the act of lawfully placing or using black bear baits in a manner that complies with state law and regulation.

3. Any Federal, State, or Tribal employee placing baits for research or management purposes as part of their official duties.

PURPOSE

The purpose of this Order is to protect public safety and wildlife by minimizing human-bear interactions.

IMPLEMENTATION

1. This Order shall be in effect through 12:00 a.m. on December 31, 2026, unless rescinded.

2. A map identifying the Described Area is attached and made part of this Order as

Exhibit A. For a digital version of this Order and Exhibit A, go to https://www.fs.usda.gov/alerts/shoshone /alerts-notices.

3. Unless otherwise expressly defined in this Order, the terms used in this Order are defined by the regulations of the Secretary of Agriculture, 36 C.F.R. Chapter II, Parts 200-299. If there are terms in this Order that are not expressly defined in the Order or 36 C.F.R. Chapter II, Parts 200-299, their meaning shall be determined by their plain language definitions.

4. A violation of the above prohibitions is punishable as a Class B misdemeanor by a fine of not more than $5,000 for individuals and $10,000 for organizations, or by imprisonment for not more than six months, or both. 16 U.S.C. § 551; 18 U.S.C. §§ 3559, 3571, and 3581.

5. Contact the Shoshone Forest Supervisor’s Office in Cody, WY, (307) 578-6241, for more information about this Order.

6. This Order supersedes any previous Orders prohibiting the same or similar acts in the same Described Area.

Signed and issued on June 5, 2023

Acting Forest Supervisor Shoshone National Forest https://www.fs.usda.gov/alerts/shoshone%09/alerts-notices.