DEPARTMENTAL REGULATION |
NUMBER: 9500-004 |
SUBJECT: Fish and Wildlife Policy |
DATE: April
28, 2008 |
OPI: Wildlife and Fisheries Staff, |
1. |
PURPOSE |
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The
purpose of this regulation is to state the policies of the U.S. Department of
Agriculture with respect to management of fish and wildlife and their
habitats and to prescribe specific actions to implement the policies. The
Department's prime responsibility is to help maintain sufficient and
efficient production capability of farm, forest, water, and rangeland
resources for the public benefit, now and in the future, and to encourage and
support proper use, management, and conservation of those natural resources.
Programs to meet this mission are carried out through research, education,
technical and financial assistance to landowners, managers, producers, and
consumers, and through management of public land for which the Department is
responsible, in cooperation with State and local agencies. These programs
affect habitats and populations of fish and wildlife. Balancing the competing
uses for habitats supporting fish and wildlife requires strong, clear
policies, relevant programs, and effective actions to sustain and enhance
fish and wildlife in desired locations and numbers. More than 2 billion acres
of farm, forest, and rangelands in the |
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2. |
CANCELLATION |
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This
regulation supersedes Secretary's Memorandum No. 9500-4 dated |
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3. |
POLICY |
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It
is the policy of the Department to assure that the values of fish and
wildlife are recognized, and that their habitats, both terrestrial and
aquatic, including wetlands, are recognized, and enhanced, where possible, as
the Department carries out its overall missions. The
Department will support research and management programs that respond to the
economic, ecological, educational, recreational, scientific and aesthetic
values of fish and wildlife. A goal of the Department is to improve, where
needed, fish and wildlife habitats, and to ensure the presence of diverse,
native and desired nonnative populations of wildlife, fish, and plant
species, while fully considering other Department missions, resources, and
services. |
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a. |
Lands Administered by the Department Lands
administered by the Department include the National Forest System, managed by
the Forest Service (FS), and relatively small experimental or research areas
administered by FS, Agricultural Research Service (ARS), and Natural Resource
Conservation Service (NRCS). Consideration
will be given to fish and wildlife and their habitats in developing programs
for these lands. Alternatives that maintain or enhance fish and wildlife
habitat should be promoted. When compatible with use objectives for the area,
management alternatives which improve habitat will be selected. |
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b. |
Private and Other Non-Federal Lands Departmental
agencies will provide research, educational, technical, and financial
assistance to inform, encourage and assist landowners to understand, apply,
and improve management practices for fish and wildlife habitats on private
and other non-Federal forest, range, and agricultural lands. Fish and
wildlife are valuable products of agricultural, forestry, and range
management activities on private lands. The Department will work to achieve
such recognition by private landowners and users. |
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Within
its authorities, the Department will assist with the improvement of
opportunities for recreational uses of fish and wildlife such as hunting,
fishing, trapping, and viewing and will seek to protect or enhance the
economic, ecological, educational, aesthetic, and scientific values of
wildlife and fish on private lands when compatible with the landowners'
objectives and in accordance with Federal, State, and local laws and
ordinances. |
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c. |
Wildlife Jurisdiction and State Cooperation The
U.S. Department of Agriculture recognizes the rights of the individual States
to manage fish and wildlife populations under their jurisdictions.
Departmental agencies will utilize their respective authorities to manage
habitat on public lands, to assist landowners in managing habitat on private
lands, and to encourage and assist the States, territories, and other Federal
agencies in conducting resource inventories and evaluating the status and
potential of fish and wildlife habitat. |
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d. |
Threatened or Endangered Species The
Department will conduct its activities and programs to assist in the
identification and recovery of threatened and endangered plant and animal
species and to avoid actions which may cause a species to become threatened
or endangered. In cooperation with the States, critical habitat and other
habitats necessary for the conservation of threatened and endangered species
on lands administered by the Department will be evaluated and measures
prescribed to prevent its destruction or adverse modification. The Department
will consult as necessary with the Departments of the Interior and/or
Commerce on activities that may effect threatened and endangered species. Agencies
of the Department will not approve, fund or take any action that is likely to
jeopardize the continued existence of threatened and endangered species or
destroy any habitat necessary for their conservation unless exemption is
granted pursuant to subsection 7(h) of the Endangered Species Act of 1973, as
amended. The Department will cooperate with other Federal and State agencies
in carrying out this regulation and will coordinate with the Secretaries of
the Interior and Commerce in the administration of the Endangered Species Act
and the animal and plant quarantine laws. However, nothing in this regulation
shall be construed as superseding or limiting in any manner the functions of
the Department under the plant and animal quarantine laws. |
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The
Department will enforce, to the fullest extent possible, the regulations,
provisions, goals, and objectives of the Convention on International Trade in
Endangered Species of Wild Fauna and Flora (CITES), the Convention on Nature
Protection and Wildlife Preservation in the |
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e. |
Economic Losses From Plant and Animal Pests Programs
of the Department will seek to alleviate damage by plant and animal pests to
farm crops, livestock, poultry, forage, forest and urban trees, wildlife and
their habitats. Departmental agencies, through management and research
programs, will develop or assist in developing new techniques and
methodologies for the prevention of damage to agricultural or forestry
production. They also will strive to reduce potential depredation through
improved management of USDA programs. Such techniques and considerations will
be incorporated into appropriate management and education programs. One
goal is to minimize actual or potential conflicts between predators and livestock.
Another goal is to reduce depredation on crops, poultry, livestock, forests,
wildlife, other resources, and threats to human health, under registered
control methods. When control is necessary, the offending animals will be
removed as humanely and efficiently as possible, provided such action does
not threaten the continued existence of any species. On
land administered by the Department, direct predator and rodent damage
control programs will be coordinated with other Federal and State agencies. The
Department will coordinate with appropriate agencies of the Department of the
Interior and with the State agencies on predator-livestock research,
extension-education programs, and on damage control activities. In accordance with Executive Order 112987
(Introduction of Exotic Species), the Animal and Plant Health Inspection
Service of the Department will cooperate with the Department of the Interior
in development and implementation of appropriate procedures to restrict the
introduction of undesirable exotic species into natural ecosystems. The
Department will promote the concept and use of integrated pest management
practices in carrying out its responsibilities for pest control. |
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4. |
AUTHORITIES |
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Implementation
of this regulation will be developed in accordance with the processes
established by the Farmland Protection Policy Act (7 U.S.C. 4201-4209), as
added by the Agriculture and Food Act of 1981; the Forest and Rangeland
Renewable Resources Planning Act of 1974 (RPA), as amended (16 U.S.C.
1600-1614); the National Forest Management Act of 1976 (16 U.S.C. 1600 et.
seq.); the Soil and Water Resources Conservation Act of 1977 (RCA), as
amended (16 U.S.C. 2001-2009); the Renewable Resources Extension Act of 1978
(RREA) (16 U.S.C. 1671-1676); the Federal Land Policy and Management Act of
1976 (FLPMA) (43 U.S.C. 1701 et. seq.); the Multiple Use and Sustained Yield
Act of 1960 (16 U.S.C. 528 et. seq.); National Environmental Policy Act of 1969 (42 U.S.C.
4321 et. seq.); the Endangered Species Act of 1973, as amended, (16 U.S.C.
1531-1542); and other appropriate authorities. |
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5. |
RESPONSIBILITIES - IMPLEMENTATION AND COORDINATION |
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a. |
The
Secretary of Agriculture is responsible for: |
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(1) |
Resolving
issues and acting on recommendations raised to the Secretary's Policy and
Coordination Council by the Department committees. |
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(2) |
Raising
unresolved issues and recommending actions to the appropriate Cabinet
Council. |
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b. |
The
Natural Resources and Environment Committee (NRE) will: |
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(1) |
Coordinate
efforts supportive of the objectives of this regulation. |
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(2) |
Utilize
the USDA Food and Agriculture Councils in each State to ensure participation
of State fish and wildlife agencies and other local interests. |
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(3) |
Schedule
reviews of each agency's procedure for implementation of the policies. |
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(4) |
Establish
a USDA Fisheries and Wildlife Issues Working Group to provide multi-agency
coordination and assist the Committee, as directed, in carrying out this
regulation. The working group will include representatives from each of the
following agencies: Animal and Plant Health Inspection Service, Agricultural
Stabilization and Conservation Service, Agricultural Research Service,
Cooperative State Research Service, Economic Research Service, Extension
Service, Farmers Home Administration, Forest Service, Rural Electrification
Administration, Natural Resource Conservation Service, Office of the General
Counsel, and Office of Budget, Planning and Analysis. The working group will
be cochaired by the representatives of the Forest Service and the Extension
Service. The Forest Service will provide core staff support for the work
group. |
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c. |
The
Fisheries and Wildlife Issues Working Group will: |
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(1) |
Monitor
implementation of this regulation, report inconsistencies and make
recommendations to the NRE Committee on how to more efficiently carry out
policy and improve agency coordination. |
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(2) |
Coordinate
with other Federal and State agencies in carrying out direction of the NRE
Committee on issues addressed and maintain liaison with interest groups. |
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d. |
Each
USDA agency will review programs that will be affected by this regulation
annually, and make the necessary administrative changes to bring agency
programs into compliance with its provisions. |
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e. |
Each
USDA agency having programs that will be affected by this regulation shall
develop implementing procedures, consistent with any guidelines provided by
the NRE Committee, and shall provide, to all offices of the agency, copies of
this regulation, Departmental guidelines, and agency procedures to implement
the regulation. |