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Forest Plan Amendment

Niblack Lakes and Streams Forest Plan Amendment

This amendment to the Forest Plan modifies the Niblack Lakes and Streams Wild River Land Use Designation (LUD) to adjacent LUDs. The Wild River LUD designation was made based on inaccurate information related to the anadromous fish productivity of the system.

The decision to amend the Forest Plan was documented in the Decision Notice and Finding of No Significant Impact for Niblack Lakes and Streams Forest Plan Amendment signed by the Acting Forest Supervisor on November 16, 1998.

November 16, 1998
Craig Ranger District
Ketchikan Area

Niblack Lakes and Streams
Forest Plan Amendment

An Environmental Assessment (EA) has been prepared that discusses changing the Wild River Land Use Designation (LUD) associated with the Niblack Lakes and Streams system to adjacent LUDs. The Wild River LUD designation was made in the Tongass Land and Resource Management Plan Revision based on inaccurate information related to the anadromous fish productivity of the system. The EA analyzes the effects of two alternatives including the No Action Alternative.

Decision
Based on the analysis and evaluation documented in the EA and associated appendices, it is my decision to implement Alternative 2. Alternative 2 will use a non significant Forest Plan amendment to change the Wild River Land Use Designation to the same land use designations that are adjacent to the river corridor. This includes Timber Production, Old Growth Habitat, and Minerals Land Use Designations. The Niblack Lakes and Streams system will not be recommended to Congress for addition to the National Wild and Scenic Rivers System.

Rationale for this Decision
The Niblack Lakes and Streams Wild River Land Use Designation and future recommendation to Congress as a Wild River addition to the National Wild and Scenic Rivers System was based on incorrect information. This decision and Forest Plan amendment will change the LUDs and rescind the recommendation to Congress, thus correcting an error and adding credibility to the overall Wild and Scenic River strategy included in the Forest Plan. The decision takes into account the 70+ foot barrier to anadromous fish less than 100 yards from saltwater which negates the reputed high anadromous fisheries values of the Niblack system; recognizes that other representative stream and lake systems are available in the area to fully represent anadromous fisheries and other values; and, the perceived restrictions to mineral exploration and development are eased. The fisheries values which are present will be protected through application of the Old Growth Habitat LUD on the lower segment and the Forest Plan Riparian Standards and Guidelines in the headwaters.

Public Involvement
Public involvement has included sending a Scoping Package to everyone on the project mailing list. On March 9, 1998 a news release announcing the intent of the Forest Service to do an Environmental Assessment that addresses the non significant Forest Plan amendment was issued. Subsequently, local media included reports related to the news release.

Comments Received on the Proposed Action
About 75 individuals, organizations, State, Federal and Native agencies responded to the scoping efforts. Of the responses, about 36 asked to remain on the project mailing list and receive future information. Comments from the other 39 entities were analyzed and divided into comment categories. Appendix 2 of the Environmental Analysis includes substantive comments and corresponding Forest Service responses. Comments received during public scoping and after have been used to develop this decision.

Finding of No Significant Impact
Based on the analysis of effects disclosed in the environmental analysis prepared, I have determined that this project will not have a significant effect on the human environment. It is my determination that an Environmental Impact Statement (EIS) is not required.

Findings Related to Other Requirements
The Forest Service manages the Tongass National Forest in conformance with many Federal laws. Each of the major laws involved in the Forest Plan programmatic level decision are found on pages 30 to 40 in the Tongass Land Management Plan Revision Record of Decision and is incorporated here by reference. The Niblack Land Use Designation changes and related non-significant Forest Plan amendment will not change any of the findings in the Record of Decision, and is fully consistent with the Goals and Objectives of the Forest Plan.

Implementation Date
In accordance with 36 CFR 217.10 implementation of this decision may commence no sooner than 7 calendar days from the date of legal notification in the Ketchikan Daily News. The outlined Land Use Designation changes included in this decision do not provide final authorization for any activity, including mineral development, nor do they compel that any contracts or permits be advertised or awarded. Any activities proposed will be subject to applicable National Environmental Policy Act compliance requirements.

Right to Appeal
This decision is subject to appeal pursuant to 36 CFR Part 217. The Notice of Appeal must be filed within 45 days of publication of notice of this decision in the Ketchikan Daily News, the official newspaper of record. A written notice of appeal must be filed with:

James A. Caplan, Acting Regional Forester
U.S. Forest Service
P.O. Box 21628
Juneau, Alaska 99802-1628

At a minimum, the written notice of appeal filed must:

1. State that the document is a Notice of Appeal filed pursuant to 36 CFR part 217.
2. List the name, address, and telephone number of appellant.
3. Identify the decision and decision document by title and subject, date of decision, and name and title of the Responsible official.
4. Identify the specific change(s) in the decision that the appellant seeks or portion of the decision to which the appellant objects.
5. State the reasons for objecting, including issues of fact, law, regulation, or policy, and, if applicable, specifically how the decision violates law, regulation, or policy.

Contact Person
For more information on this project contact:

Steve Sams
Ketchikan Area Supervisor's Office
Federal Building
Ketchikan, AK 99901
(907) 228-6257

USDA Forest Service - Tongass National Forest
Last Modified: February 06, 2006