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Implementation Guide For Aerial Applicationof Fire Retardant
Implementation Guide For Aerial Applicationof Fire Retardant
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The U.S. Department of Agriculture (USDA) prohibits discrimination in all its programs and activities on the basis of race, color, national origin, age, disability, and where applicable, sex, marital status, familial status, parental status, religion, sexual orientation, genetic information, political beliefs, reprisal, or because all or part of an individuals income is derived from any public assistance program. (Not all prohibited bases apply to all programs.) Persons with disabilities who require alternative means for communication of program information (Braille, large print, audiotape, etc.) should contact USDAs TARGET Center at (202) 720-2600 (voice and TDD).
To file a complaint of discrimination, write to USDA, Director, Office of Civil Rights, 1400 Independence Avenue, S.W., Washington, DC 20250-9410, or call (800) 795-3272 (voice) or (202) 720-6382 (TDD). USDA is an equal opportunity provider and employer.
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Table of Contents
Acronyms ...................................................................................................................................................... 5 Chapter 1. Introduction................................................................................................................................ 6 Objective ................................................................................................................................................... 6 Chapter 2. Avoidance Area Mapping Process and Direction ....................................................................... 8 Process ...................................................................................................................................................... 8 Direction ................................................................................................................................................... 9 Updating Avoidance Maps Process .......................................................................................................... 9 Chapter 3. Pilot Direction ........................................................................................................................... 13 Direction ................................................................................................................................................. 13 Notification Process for Aerial Assets ..................................................................................................... 15 Chapter 4. Fire Operations ......................................................................................................................... 16 Introduction to new direction and background information ................................................................. 16 Preseason Planning................................................................................................................................. 18 Fire Suppression Activities ...................................................................................................................... 19 Tactical Direction .................................................................................................................................... 19 Chapter 5. Resource Specialists ................................................................................................................. 20 Resource Specialists and Advisor Role ................................................................................................... 20 Direction ................................................................................................................................................. 20 Re-initiation of Consultation for the National Programmatic BA with FWS/NOAA ............................... 22 Chapter 6. Misapplication Reporting and Monitoring ............................................................................... 27 Process of Reporting of Misapplication of Aerial Application of Fire Retardant.................................... 27 Reporting and Monitoring Direction ...................................................................................................... 30 Additional Implementation Activities ..................................................................................................... 32 Process of Reporting of Misapplication of Aerial Application of Fire Retardant for Cultural Resource, Traditional Cultural Property, or Sacred Sites ........................................................................................ 33 Reporting and Monitoring Process and Reporting Tools for Retardant Drops on Cultural Resource, Traditional Cultural Property, or Sacred Sites ........................................................................................ 33 Funding for Reporting and Monitoring and Mitigation Actions ............................................................. 34 Chapter 7. Assessment of Fires Less than 300 Acres in Size -5% Assessment Process and Documentation Requirements .............................................................................................................................................. 35 3|Page
Direction ................................................................................................................................................. 35 Calculating or Estimating 5% Assessment .............................................................................................. 35 Reporting Process and Reporting Tools/Forms for the 5% Assessment Aerial Fire Retardant .............. 37 Funding for 5% Assessment and Reporting ............................................................................................ 37 Chapter 8. Seasonal Duties, Annual Training and Data Reporting Requirements ..................................... 38 Pre- Fire Season Requirements .............................................................................................................. 38 During Fire Season Requirements: ......................................................................................................... 39 Post- Fire Season Requirements: ............................................................................................................ 40 Chapter 9. Questions and Answers ........................................................................................................... 42 Glossary ....................................................................................................................................................... 45 Appendix A. Comparison of 2000 Guidelines including the 2008 RPAs and New Direction..................... 48 Appendix B. Reporting and Monitoring Reporting Tools ........................................................................... 50 Interagency Wildland Fire Misapplication Reporting ............................................................................. 51 Assessment of Fires Less than 300 Acres in Size .................................................................................... 55 Site Assessment of Impacts in Terrestrial and Aquatic Avoidance Areas............................................... 58 Appendix C. Aerial Fire Retardant Implementation Process Tracking ...................................................... 67 Appendix D. Summary of Fire Ops and READs Responsibilities ................................................................ 68
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Acronyms
AFMO BA BE BO BMP EIS EPA ESA FMO FSH/FSM IC ITS LRMP MTDC NEPA NFS NHD NMFS NOAA READ ROD RPM TEPCS USFS USFWS WildCAD WFCS Assistant Fire Management Officer Biological Assessment Biological Evaluation Biological Opinion Best Management Practice Environmental Impact Statement Environmental Protection Agency Endangered Species Act Fire Management Officer Forest Service Handbook/Manual Incident Commander Incidental Take Statement Land Resources Management Plan Missoula Technology and Development Center National Environmental Policy Act National Forest System National Hydrography Dataset National Marine Fisheries Service National Oceanic and Atmospheric Administration Resource Advisor Record of Decision Reasonable and Prudent Measures Threatened, Endangered, Proposed, Candidate, Forest Service Listed Sensitive United States Forest Service United States Fish and Wildlife Service Wildland Fire Computer Aided Dispatch Wildland Fire Chemical Systems (USFS, part of Missoula Technology and Development Center)
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Chapter 1. Introduction
On December 13, 2011, U.S. Forest Service Chief Tom Tidwell signed a record of decision establishing new direction for the use of fire retardant applied from aircraft to manage wildfires. The new direction approves the use of aerially applied fire retardant and implements an adaptive management approach that protects resources and continues to improve the documentation of retardant effects through reporting, monitoring and application coordination. Aerial retardant drops are not allowed in mapped avoidance areas for certain threatened, endangered, proposed, candidate or sensitive (TEPCS) species or in waterways. This national direction is mandatory and would be implemented except in cases where human life or public safety is threatened and retardant use within avoidance areas could be reasonably expected to alleviate that threat. When an application occurs inside avoidance areas for any reason (referred to as a misapplication), it will be reported, assessed for impacts, monitored and remediated as necessary. The direction also provides greater protection for cultural resources including historic properties, traditional cultural resources, and sacred sites through closer coordination with states and Tribes. This direction and guidelines do not require helicopter or air tanker pilots to fly in a manner that endangers their aircraft or other aircraft or structures or that compromises the safety of ground personnel or the public. The new direction includes procedures for monitoring and reinitiating consultation with USFWS and NOAA Fisheries if aerially-applied fire retardant impacts certain species or habitat. The new direction includes also includes Aircraft Operation Guidance, Avoidance Area Mapping Requirements, annual coordination and Reporting and Monitoring Requirements and Modification Resulting from ESA Section 7 Consultation. Nothing in this decision changes the way aerially applied fire retardant is used outside of the mapped avoidance areas. All other fire suppression tactics are still available with avoidance areas. Its important to remember that Firefighter and public safety continues to be Forest Services number one priority. To review the final decision and all documents related to this new direction please see: http://www.fs.fed.us/fire/retardant/
Objective
The objective of this guide is to provide a one-stop shop for forests and regions to obtain all the information necessary to implement the new Aerial Fire Retardant Guidelines as directed in the Record of Decision (ROD). This guide consists of direction for personnel such as pilots, Fire Management Officers (FMOs, etc.), Incident Commanders (ICs), Resource Advisors (READs), and others involved in the use aerial fire retardant. Reporting and monitoring requirements at the local and national level, avoidance area mapping requirements, data management, coordination and re-initiation of consultation with regulatory agencies, and funding are also included.
The format of this guide is presented as direction by the following categories: 6|Page
Avoidance Areas direction and National Mapping Process. This section provides the process of development of avoidance areas, national direction associated with use of aerial fire retardant in these areas, where avoidance maps can be found and how maps are updated. Pilot direction. This section provides specific direction to pilots when approaching mapped avoidance areas and describes methods to ensure compliance with the new direction. Fire Operations. This section includes an introduction to the new direction in comparison to previous direction and provides direction for preseason planning, fire suppression activities, and tactics associated with the use of aerial fire retardant. Resource Specialists. This section provides information related to the role and function of resource specialists, direction associated with mapped avoidance areas, process of re-initiation of consultation with regulatory agencies if needed. Misapplication Reporting and Monitoring Process. This section provides direction and reporting requirements in the event of a misapplication into an avoidance area, funding sources for these activities is also provided. 5% Assessment and Reporting Process. This section describes the purpose, direction and reporting requirements associated with this assessment. Methodologies and flow charts are provided to assist in completion. Seasonal and Annual Training Requirements. This section outlines specific seasonal requirements such as processes that need to be completed prior to fire season, during and postfire season by resource. Additionally this section provides a list of annual training requirements and funding codes. Data and Upward Reporting Requirements. Documentation, data collection and reporting requirements and funding codes are provided within this section. Questions and Answers. This section consists of a compiled list of most commonly asked questions and associated answers encountered by the team developing the new direction and implementation strategy during the development of the ROD.
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At this time all national forests and grasslands that have affected TEPCS species have completed this mapping. These protocols will be used for annual updates and will revise the template as appropriate. Aerial retardant avoidance areas have been identified and maps developed to protect resources. Avoidance area maps can be found at http://cdb.fs.usda.gov/content/dav/fs/NFS/Collaboration/FireRetardantEIS/2010%20EIS%20Project%20 Record/EIS_Avoidance_Maps. Avoidance areas include the following: Aquatic Avoidance Areas Waterways will be avoided and are given a minimum of a 300-foot buffer, including perennial streams, intermittent streams, lakes, ponds, identified springs, reservoirs, and vernal pools. Buffer areas may be increased based on local conditions in coordination with the FWS and NOAA Fisheries local offices. Terrestrial Avoidance Areas Terrestrial Avoidance Areas may be used to avoid impacts on a) one or more federally listed threatened, endangered, or proposed plant or animal species or critical habitat where aerial application of fire retardant may affect habitat and/or populations; or b) any Forest Service terrestrial sensitive or candidate species where aerial application of fire retardant may result in a trend toward federal listing under ESA or a loss of viability on the planning unit. Cultural Resources, including Historic Properties, Traditional Cultural Resources, and Sacred Sites Although not mapped for protection, cultural resources, including historic properties, traditional cultural resources, and sacred sites will be given case-by-case consideration when ordering the aerial application of fire retardant. As necessary, incident commanders will consider the effects of aerial applications on known or suspected historic properties, any identified traditional cultural resources, and sacred sites. The Forest Service means to use cultural resources specialists, archaeologists, and tribal liaisons to assist in the Forest Services consideration of effects and alternatives for protection.
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Direction
The Forest Service will annually coordinate with FWS and NOAA Fisheries local offices to ensure that the mapped avoidance areas on National Forest System (NFS) lands incorporate the most up-to-date information. It is recommended that each unit keep a record of these meetings with date, participants (and agency), notes, etc. The Forest Service will coordinate with aviation managers and pilots on avoidance area mapping and aircraft operational direction and will provide reporting direction to all firefighting fire personnel with suppression responsibilities in the event they discover a misapplication in an avoidance area. Each Forest Supervisor will be responsible for maintaining and updating the avoidance area maps for the applicable National Forest System land area. It is recommended a list be kept of all personnel/offices/cooperators receiving map books and date books received It is recommended a list be kept of any changes made to maps and date of distribution of changes to the all from item above
Avoidance maps can be updated or adjusted for TEPCS species or designated critical habitats by Forest Supervisors in consultation with FWS or NOAA Fisheries as necessary. Mapping changes are allowed if they do not create additional adverse effects than what was analyzed in the Biological Assessments or change the analysis conducted or determinations made in the Biological Opinions. Refer to Chapter 4-Resource Specialists, Process for Addendums to the National Programmatic Consultation. Terrestrial and waterway avoidance areas are mapped using the best current information and can be updated as better data becomes available. As this information changes or is updated, the maps can be adjusted. For the purposes of mapping aquatic avoidance areas, all waterways (NHD layer) were used as a base layer and were given 300 or more (species specific) buffer. For the analysis of effects for consultation with the regulatory agencies, aquatic avoidance areas included perennial and intermittent streams (identified as green on avoidance maps), lakes, ponds, whether or not they contain aquatic life. If forests/regions identify specific intermittent stretches of stream the forest identifies that aerial fire retardant could be applied if no water was present, re-initiation of consultation with the regulatory agencies at the local level needs to be completed and avoidance maps updated (Please refer to Chapter 5 on re-initiation of consultation). Avoidance maps can be updated by Forest Supervisors for candidate and Forest Service listed sensitive species based on the best current information.
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Interim/Periodic or Local Updates This section describes the ability for local forests or regions to update their TEPCS retardant avoidance information at any time. Using their 2011 EIS TEPCS retardant avoidance data as a base, national forests or regions will have the ability to reassess their information and provide updates as conditions warrant (ex. Changes in Federal listings; Revised impact on TEPCS species from aerial retardant meeting requirements laid out in this handbook). GIS data format requirements are similar to that specified in the original 2011 EIS TEPCS data request and are provided at http://www.fs.fed.us/fire/retardant/index.html. Essentially, any national forest who may apply aerial fire retardant in the future must submit, to the specified T Drive location, a single File Geodatabase containing three separate Feature Classes, one for each Threatened, Endangered, and/or Sensitive species trending toward federal listing, representing terrestrial and/or non-standard (greater than 300foot hydrologic buffer) depiction of areas to avoid aerial fire retardant. Each Feature Class record must have an attribute indicating its forest code. Forests or regions will have the ability to update their TEPCS retardant avoidance GIS layer at any time. Once uploaded, automated routines at the FS Enterprise Data Warehouse (EDW) will check existing GIS layers on a daily basis for any data updates (based on forest code) and will process accordingly to update the national GIS TEPCS retardant avoidance layer sitting at the FS EDW. Existing map service and web maps pointed to this national layer will be automatically updated accordingly. In this manner, any revisions to any forest or regional TEPCS retardant avoidance layer will be available to all FS and external partners within a brief time period (most likely within a day to a few days). The interim update process follows: 1. Each national forest able to use aerial fire retardant must follow the process in this handbook, specifically Chapter 2, to analyze areas of TEPCS that would be negatively affected by application of aerial fire retardant. 2. The national forest must create GIS layers resulting from (#1 above) and either: a. Submit to the USFS T: Drive at T:\FS\NFS\WOEngineering\GMOGSTC\Program\FireRetardantEIS or b. Upload to SDE in their appropriate standard location. 3. These TESCP GIS layers MUST be in the following GIS file format, specified below and available in template form at http://www.fs.fed.us/fire/retardant/index.html a. Data must be in a single ArcGIS 10 File Geodatabase named S_Rxx_FFF _FireRetardantEIS.gdb where xx is the two-digit region identifier and FFF is the threecharacter forest abbreviation. b. Each File Geodatabase must contain three single Feature Classes, each depicting polygons of species land where aerial fire retardant is to be avoided: i. Threatened Species: FireRetardantEIS_Threatened ii. Endangered Species: FireRetardantEIS_Endangered iii. Sensitive Species trending toward federal listing: FireRetardantEIS_Sensitive c. Each Feature Class must follow these guidelines: i. Can be in any projection ii. Contain full FGDC metadata iii. Contain polygons only 10 | P a g e
iv. Contain valid geometry (must undergo Repair Geometry) v. Follow the file format template provided at: http://www.fs.fed.us/fire/retardant/index.html vi. Have each record contain a valid Forest Code attribute called UnitID matching its national forest. These forest codes must be in 4-digit integer format RRFF where RR is the 2-digit region identifier and FF is the 2-digit forest identifier. 4. The Forest Service staff member uploading each file must send an email notifying the EDW/GSTC that a new file is available and whether they chose to upload to SDE or the T drive. a. For new file uploads (eg, the first time a file geodatabase is upload to the T: drive or SDE for each forest) notify Tim Love: [email protected] b. For file updates (eg, changes in TESCP polygons) notify [email protected] and Dave Green: [email protected] 5. Each time a national forest submits a new File Geodatabase, EDW will automatically process the new information (daily or within a few days, assuming all file requirements are met), recompile, and republish the national aerial fire retardant avoidance layer. Annual Updates Annual avoidance map updates will be coordinated by the Forest Service Geospatial Service and Technology Center (GSTC), using updated TEPCS GIS inputs from GIS Coordinators within required national forests or regions. Annually, each forest or region with TEPCS species that may be affected by the application of aerial fire retardant must provide updated GIS information to GSTC. These layers must follow specified data format requirements identified in Interim/Periodic or Local Updates above. Upon meeting the deadline (to be determined at a later date, likely during December or January), GSTC will compile all local/regional TEPCS data and integrate to create digital retardant avoidance Pdfs for each Forest Service quadrangle where retardant could be applied. These maps will be provided in digital Pdf format and may be printed as hardcopy booklets or used otherwise. Further, GSTC will update the national aerial retardant avoidance GIS layer at the FS Enterprise Data Warehouse which will provide access of TEPCS retardant avoidance areas to personnel within the FS as well as to external partners. This geospatial layer can be used in web map applications such as Google Maps, as well as other portable applications/platforms such as IPad, etc. and desktop software such as ArcGIS.
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Base Data to Facilitate Local Updates Data is currently available within the Forest Service intranet to allow for national forests to develop their own aerial retardant avoidance maps more suitable to their needs, while ensuring that guidelines specified within this implementation handbook are followed to support the official record of decision from the 2011 EIS. Data components used in the creation of the official Pdf quad retardant avoidance maps are: TESCP retardant avoidance terrestrial species: S_USA.AERIALFIRERETARDANTAVOIDANCE -- standalone feature class available in EDW to FS staff http://apps.fs.fed.us/ArcGIS/rest/services/edw_external/edw_AerialFireRetardantAvoid anceAreas_01/MapServer -- map service available to the public Each national forest or region has archived data they submitted as well NHD National Hydrologic Dataset information: http://nhd.usgs.gov/data.html -- High resolution NHD from USGS Available in EDW as regional datasets: S_Rxx_hydrography whre xx is the region identifier NHD_Flowlines and NHD_Waterbodies feature datasets USFS FS Topo Primary Base Series Maps: From April 1, 2012 through at least June 30, 2012: Use data available in Citrix edwdb with the following naming convention: S_USA.TMP_FSTopo_PBS_xxxxx. Symbological definitions will be available at T:\FS\NFS\WOEngineering\GMO-GSTC\Program\FireRetardantEIS by mid-April 2012. Use the FS Topo PBS image server connection at 166.2.126.235/maps/PBS_GeoTIFF After June 30th, use data symbolized and linked within the mxd located at T:\FS\NFS\WOEngineering\GMO-GSTC\Program\FireRetardantEIS\FSTopo_PBS_EDW.mxd or continue to use the image service above.
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Flight Condition Guidelines (Excerpt from Interagency Aerial Supervision Guide 2009, NFES - 2544, pp. 33-34) Aerial supervision personnel must carefully evaluate flight hazards and conditions (visibility, wind, thunder cells, turbulence, and terrain) to ensure that operations can be conducted in a safe and effective manner. The following policies and guidelines are designed to do this:
Pilots will make adjustments for airspeed and ambient conditions such as wind to avoid the application of retardant within the 300-foot or larger buffer zone, or mapped avoidance area in order to avoid drift into protected areas. Pilots are provided avoidance area maps at all briefings or in advance of fire chemical suppression missions, and attend required training to maintain necessary certifications to fly for the Forest Service fire program, which includes applying the operational guidelines.
a) VisibilityRegardless of time of day, when poor visibility precludes safe operations, flights will be suspended. It is recommended that incident aircraft fly with landing and strobe lights on at all times. It is required that leadplanes fly with landing/impulse and strobe lights on at all times. Regular position reporting is critical in marginal visibility conditions. b) Wind ConditionsModerate to high winds and turbulent conditions affect flight safety and water/retardant drop effectiveness. The following guidelines should be considered in making the decision to continue or suspend operations. A number of factors including terrain, fuel type, target location, resources at risk, and cross- winds must be considered. i) Heavy airtanker drops Generally ineffective in winds over 2025 kts. ii) SEAT operations Generally ineffective in wind over 1520 kts. Operations shall be suspended when sustained winds are 30 kts or the gust spread is 15 kts. iii) Helitanker drops Generally ineffective in winds over 2530 kts. iv) Helicopter operations Capability to fly in excessive wind conditions varies considerably with weight class (type) of the helicopter and degree of turbulence. If the helicopter flight manual or the helicopter operators policy does not set lower limits, the following shall be used, but may be further restricted at the pilots or air operations personnels discretion. Limits are as follows: (1) Above 500 ft AGL: All helicopter types: constant winds up to 50 kts. (2) Below 500 ft AGL: (a) Type 3 helicopters Steady winds shall not exceed 30 kts or a maximum gust spread of 15 knots. (b) Type 2 and 1 helicopters Steady winds shall not exceed 40 kts or a maximum gust spread of 15 kts. (c) Thunderstorm Evaluate thunderstorm activity and flight safety. Consider delaying operations or reassigning resources to safe operation areas. Suspend flight operations when lightning is present.
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Agency administrators will need to establish clear direction and expectations for managing fires near the avoidance areas through the delegation-of-authority issued to incident commanders. Discussion of alternative tactical strategies should take place on the units in advance of fire season as well as coordination with their cooperators to determine the best strategies for areas of potential high risk, such as the wildlandurban interface.
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The 2000 Guidelines and 2008 RPAs The ROD continues the use of the 2000 Guidelines for Aerial Delivery of Retardant or foam near Waterways. These guidelines allow the application of retardant to National Forest System lands but prohibit their use within a 300 foot buffer of a waterway (and in water), but with some exceptions. The exceptions in the 2000 guidelines are no longer in place for the Forest Service. These guidelines are still in place for all other agencies. The only exception to using aerial application of fire retardant into a waterway or avoidance area on Forest Service fires is to protect public and fire fighter safety.
The Reasonable and Prudent Alternatives (RPAs) accepted by the Forest Service as a result of consultation with the USFWS and NOAA Fisheries in 2007 and 2008 restrict the use of aerially applied retardant within the habitat of threatened and endangered species (T&E ). The Forest Service implemented the RPAs through direction to the field in March of 2008, as well as instructing the field that the 2000 Guidelines were to be applied. Some of the aspects of this new (2008) direction resulted in: Forests that had identified listed species within their boundaries were to develop maps or provide direction to firefighting resources. Forests are required to brief the incident commander(s) (IC) where limitations exist in the use of aerially applied fire retardant (FEIS; Appendix A and B). The Agency Administrator/IC possesses the ability to invoke the exception for public and life safety if needed. In addition the Agency Administrator incorporates any restrictions for the use of retardant in the delegation of authority letter given to the IC. If retardant is applied within the waterway buffer or habitat of an identified T&E species the reporting is mandatory and the potential for re-initiation of consultation exists. Additionally, depending on the effects to species, monitoring may be required. Refer to Chapter 4 and Chapter 6 for Resource Specialists and Reporting and Monitoring Requirements for more details.
The upward reporting requirements were formalized as a direct impact from the acceptance of the RPAs in 2008. This also included the need to report where retardant was misapplied to the habitat of a T&E species. Since the implementation of the 2000 Guidelines and the addition of the RPAs in 2008, 48 reports have been submitted (40 from 2008-2010) with four citing exceptions to the guidelines. It is expected, as a direct effect of continuing to use the 2000 Guidelines and the RPA requirements, that there will be additional misapplications of aerially delivered retardant in waterways and TEPCS species habitat (See Appendix A for a comparison of the 2000 Guidelines and RPAs versus this new direction.
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Preseason Planning
Preparedness: units with mapped avoidance areas should work on adding this information to: check-lists, briefing materials, local training and refreshers, other unit specific materials that are typically generated for sharing with any fire resources on the unit prior to their regular fire season.
Preseason readiness reviews must incorporate this requirement. Include it in: preplanned dispatch initial attack response strategies, local fire refresher training, cooperative fire protection agreements where other agencies provide protection on National Forest lands, any meetings where response to fires is a topic. These venues will provide direct means of communicating the intent of these guidelines and provide a standard practice of reviewing the maps annually to ensure if changes are made personnel will be aware of the changes, as well as ensuring new employees on the units will be exposed to the material and requirements.
Any agreements a unit has for a cooperator to provide initial attack response should be reviewed and discussed with the cooperating agency to ensure they have this information and understand the requirements which includes no longer using aerially applied fire retardant in avoidance areas and what is expected of them if there is a misapplication. Chapter 6 provides the misapplication reporting requirements. Training is a critical element for any resource supporting fires. Chapter 8 includes seasonal duties and annual training requirements. Besides working with USFWS and NOAA Fisheries units need to identify any cultural resource, traditional cultural property, or sacred sites and identify if aerially applied fire retardant is appropriate for protection of the resource or surrounding areas or other tactic. This pre-work will assist any incident commander when a fire is threatening these areas. Units should consider putting together a pre-established briefing packet that would include general avoidance area map direction, cultural avoidance areas and information, misapplication reporting, and contacts for local resource specialists in case of a misapplication. This packet could be finalized if the unit has a Type 1, 2 or 3 Incident where a team is responding.
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Tactical Direction
The ROD includes language specific to aircraft operational guidance. Specific to the fire incident commander, the following is identified: Whenever practical, as determined by the fire incident commander, the Forest Service will use water or other wildland fire chemical suppressants for direct attack or less toxic approved fire retardants in areas occupied by TEPCS species or their designated critical habitats. Some species and habitats require that only water be used to protect their habitat and populations. These areas are identified through the mapped avoidance areas. As Incident commanders establish fire suppression strategies this should be considered if avoidance areas exist, including the presence of cultural resources, including historic properties, traditional cultural resources, and sacred sites. To summarize, under this new direction: Fire retardant cannot be used to anchor fires into waterways, steep terrain, or areas of limited accessibility if located within pre-identified avoidance areas. Fire retardant cannot be used to protect property in an avoidance area without the exception being invoked. The only exception to using aerial application of fire retardants in avoidance areas is for public and fire fighter safety.
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Figure 1. Resource Specialists Role within the new Aerial Fire Retardant Delivery from Aircraft Direction
Direction
The direction stated below is general in nature, allowing for Regions and Forests to organize their processes as it best suits their individual needs. For species evaluated within the BAs, it is suggested for 20 | P a g e
wide ranging species or even species that occur on multiple forests within a region that FS species leads or species coordinators be identified to ensure the new Aerial Application of Fire Retardant Direction and Conservation Measures and Incidental Take Statements are implemented. The direction follows: The Forest Service, at the local level, will coordinate with local U.S. Fish and Wildlife Service and/or NOAA Fisheries offices annually or as needed to ensure that any updates that are needed for retardant avoidance areas on National Forest System lands are mapped using the most up-to-date information. Terms and Conditions and Incidental Take Statements issued within the BOs. Different scales of analysis for incidental take and different re-initiation requirements were given for aquatic species under the jurisdiction of NOAA Fisheries, compared to FWS species (Please refer to the BOs at http://www.fs.fed.us/fire/retardant/eis_info.html). For species occurring within multiple Regions or Forests and where take is tracked by forest, Forest Service Species leads or coordinators need to ensure take is not exceeded and if re-initiation is necessary. For NOAA fisheries species, Forest Service Species leads or coordinators need to ensure that take is tracked and re-initiation is completed as appropriate for species. The Forest Service, at the local level, will report to FWS and NOAA fisheries all misapplications of aerially applied fire retardant and implement any conservation measures or terms and conditions outlined within the BOs for species specific requirements. The report and assessment of impacts will determine necessary mitigation measures, remediation actions monitoring needs, and whether re-initiation of formal consultation is needed. Depending on the severity of the adverse effect, an appropriate restriction on future aerial application of retardant may be necessary for the reported area. An Assessment of Impacts in Avoidance Areas Reporting Tool has been developed which will capture site impacts (refer to Appendix B). It is anticipated that all reporting tools will be live on-lineforms with data export capability to approved users late spring of 2012 to assist tracking of impacts and reporting. The Forest Service will implement mitigation measures for misapplications in avoidance areas if soil or vegetation and surrounding habitat within the waterway buffers are impacted, and implement erosion control measures to reduce retardant delivery during rain events from entering habitat. These measures will follow revegetation and erosion control as outlined within the BAER guidance. These measures are determined at the local level depending on local conditions and are associated with aquatic and riparian TES habitats. Due to the nature of cultural resources and sacred sites, direction for mapping, misapplication and reporting, monitoring is provided within a separate section in Chapter 6, Process of Reporting of Misapplication of Aerial Application of Fire Retardant for Cultural Resource, Traditional Cultural Property, or Sacred Sites.
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Amount or Extent of Take is Exceeded Action: 1. Species leads or coordinators will be identified to track amount or extent of take at either the local or regional level. 2. If species is wide ranging and take occurs in one area, all other regions/forests where species occur will be notified (this process is captured within the reporting forms and associated databases). 3. If amount or extent of take is exceeded, species lead or coordinator will re-initiate consultation with regulatory agency species lead, determine additional action items, complete the re-initiation consultation and send results to WO-TES Program Manager.
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New Information reveals effects of the Agency Action on Listed Species or Designated Critical habitat in a manner or to an extent not considered The following items are examples of what may constitute new information: aerial fire retardant use on forests not previously considered within the analysis, aerial fire retardant use or new FS direction that would apply aerial fire retardant in amounts beyond analysis parameters within the BA, species baseline conditions change that may not have been considered within the BA.
Action: 1. If aerial fire retardant is planned or occurs on forests not analyzed in the BA due to no previous historical, local forests or regions must re-initiate following similar analysis used within the BA, consult with local FWS offices retain information locally and submit to WOTES Program Manager. 2. Aerial fire retardant use by forest is tracked each year by FAM, annual reports of use are sent to WO-FAM to forward on to Regulatory Agencies. Regional TES coordinators should determine if aerial fire retardant use is outside the bounds of analysis set forth in the BA (annual aerial fire retardant use by forest will be available via on-line database or annual report prepared by FAM). Because the BA considered average aerial fire retardant use from the past 10 years by forest, considering if aerial fire retardant use is outside the bounds of analysis will likely be a process evaluated during the 5-year programmatic review, however, if aerial fire retardant proves to be continually out of bounds of analysis earlier for specific forests, re-initiation may be appropriate. 3. If a species baseline condition changes (for instance a natural event that would take out a small endemic population) resulting in actions not considered within the BA, local staff will reinitiate consultation, determine additional action items, and complete re-initiation and retain information locally and submit to WO-TES Program Manager.
The agency action is subsequently modified in a manner that causes an effect to the listed species or critical habitat not considered The development and approval of new fire retardant chemicals not previously evaluated within the BA may be classified as a potential effect to species or critical habitat not considered. Action: 1. WO-FAM/MTDC is currently developing processes with regulatory agencies as to potential changes to formulations and side boards as to what constitutes re-initiation or addendums when minor changes may be made to aerial fire retardants. When these processes are developed, these will be added as appendices in guidebook updates. If a new retardant with significantly different chemicals not previously evaluated for effects to species requires re-initiation at the national level, WO-FAM and WO-TES will re-initiate with assistance from local offices and species leads for effects determinations. 23 | P a g e
A new species is listed or critical habitat is designated that may be affected by the action. Action: 1. Re-initiation will occur at the local/ regional level or with species leads/coordinators for wide ranging species using similar protocols outlined within the BA. 2. Results of consultation will be retained locally and sent to WO-TES Program Manager.
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Process for Addendums to the National Programmatic Consultation If there are necessary changes at the national forest/grassland level based on local conditions, which do not trigger the re-initiation actions described above, the local units will address those changes. This action will result in addendums to National Programmatic BA (which will include documentation/consultations with local regulatory agencies). All changes will be tracked at the regional level TES species coordinators and retained at the local level or in cases with wide ranging species with the species lead. The addendum process will be used for the following: 1. There are additional species locations or additions or changes to critical habitat. 2. Updated or corrected information for a local national forest /grassland is relevant; for instance, change in mapping of avoidance areas due to local conditions: a. For water, NHD layer must be used as base layer but adjustments within this layer may be applied as pertinent (e.g. intermittent/dry washes, diversions, or irrigation ditches), b. Changes in size or removal of current terrestrial avoidance areas to allow for protection of species or habitat with the use of aerial application of fire retardant due to change in conditions, c. Adjustments to the avoidance area mapping e.g. reduction of standard 300 buffer on intermittent streams, dry washes, diversions or irrigation ditches may occur if: i. There are no changes species determinations as reported in the Biological Opinion, and ii. Coordination with local FWS/NOAA would need to occur to ensure concurrence of determination statements. A Letter of concurrence would need to be provided by FWS/NOAA. 3. There is a change in a determination for a species at the local level. For instance if species was given a LAA effects nationally and the forest identifies additional pertinent information that may indicate a lesser effect, the local unit must provide defensible rationale and analysis to support change from national programmatic Biological Assessment and Biological Opinion and should follow assumptions and factors used in national programmatic process. 4. Land and resource management plan (LRMP) requirements are needed. Documentation of these addendums will be utilized for the 5 and 10 year reviews.
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Process for Addendums to the National Biological Evaluations for Sensitive Species If there are necessary changes at the national forest/grassland level based on local conditions, the units will address those changes with the following process listed below. This action will result in addendums to National Programmatic BEs. All changes will be tracked at the local and regional level TES species coordinators. Any changes to programmatic BE will be retained at the local or regional level. The addendum process will be used for the following: 1. There is a change in listing status from sensitive to candidate. If candidate species is elevated to proposed species refer to re-initiation of consultation above (proposed species were considered within the formal consultation). a. If the species is limited to a single forest, then the local unit should conduct a determination analysis using the national screening processes outlined in the resource specific BEs and FEIS as a coarse filter. For wildlife, this would be using the screening process outlined in the FEIS, Appendix I - wildlife, on pages 328-338. b. If the species is wide-ranging, the analysis should be done at the regional office level using the screening process from the BEs and FEIS i. Coordinate with adjacent forests on appropriate level of analysis to conduct, and ii. Coordinate on appropriate buffers for protection by avoidance areas mapping. 2. There is an addition of a new sensitive species or habitat in need of protection from aerial fire retardant application.
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Important Note: There are a number of species specific Conservation Measures, Incidental Take Statements and Reasonable and Prudent Measures that are tied to the decision and are required as part of this action. For instance, 1) specific monitoring protocols and subsequent actions if adverse effects are identified must be implemented to comply with requirements of the decision, or 2) actions such as notification of other forests or regions if adverse effects are identified for wide ranging species. It is the responsibility of each region/ forest to be knowledgeable of these additional reporting and monitoring requirements are implemented. These requirements must be implemented and all reports and applicable monitoring completed and documented. Conservation Measures, ITS, and RPMs can be found in the BO and the ROD.
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Reporting Process
Delivery of aerial fire retardant found in waterway or avoidance area Reporting form completed Notify Incident Commander
Contacts Resource Advisor/Forest Biologist to conduct assessment of impacts Form and assessment sent to MTDCWFCS
Assessment Process
If adverse impacts found, then determine if incident take has occurred Notify local FWS/NOAA office; determine appropriate measure to alleviate impacts and for monitoring Report annually through national TES coordinator and with USFWS/NOAA Fisheries Form and assessment sent to MTDCWFCS May need to coordinate with other forest(s)/region(s)
Figure 3. Reporting and Assessment Processes for Misapplication of Fire Retardant I Avoidance Areas.
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The implementation of monitoring establishes another level of training and the potential for additional resources, both personnel and funding, in order to mitigate the impacts of using retardant. Due to this, additional emphasis has been placed on the appropriate use of retardant in initial attack responses as well as large fires. It is important to remember that the tactics identified that will best meet the desired outcome drive which firefighting resources will be utilized, which can include the use of fire retardant.
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c. Determine the type of recovery or restoration of species or habitats: i. may include salvage of species during BAER activities ii. may supplement established captive breeding programs until specie can be reintroduced back into impacted area. d. Additional assessment of cumulative effects for some species may need to be coordinated with certain agencies. e. Determine the appropriate contingency measures for protection of TEPCS species from aerially applied fire retardant. i. If soil or vegetation and surrounding habitat within the waterway buffers are impacted, implement erosion control measures to reduce retardant delivery during rain events from entering habitat. Follow re-vegetation and erosion control guidance as outlined within BAER guidance. f. Reported annually through forest and national TES species staff for coordination with other agencies.
Monitoring Methodology Numerous procedures and protocols exist for collection of data used to determine or predict the effects of aerial fire retardant on resources. For instance a spill calculator developed by the USGS in cooperation with the Forest Service estimates the unintentional release of fire-suppressant chemicals into surface waters , which may result in adverse effects to aquatic biota, such as fish kills. The spreadsheet calculating tools provides a means of estimating the extent of impacted water, as well as the clearance rate as the product becomes diluted and is carried downstream. The calculations are based on the estimated amount of product released, the flow characteristics of the stream, and the toxicity of the fire-suppressant chemical. For more information on this application and program please contact MTDC Fire Chemicals Program manager http://www.fs.fed.us/rm/fire/wfcs/index.htm. Water Quality Monitoring: Water quality monitoring is required for certain species as part of the Biological Opinion and development of these species standards are done at the local level in cooperation with regulatory agencies. Thus, water quality components listed on this form are not required unless they are tied to a specific Term and Condition or Reasonable and Prudent Measure associated with a species (ROD Appendix A and B and the Final FWS BO and NOAA BO). However, information collected at time of incident will further the knowledge base and future determination of potential impacts. Site specific conditions will drive the type or method of monitoring needed. Local resource staff should be consulted for specific method or need. The following sources may provide additional information useful for protocols:
Rapid Bioassessment Protocols for Use in Streams and Wadeable Rivers: Periphyton, Benthic Macroinvertebrates, and Fish - Second Edition http://water.epa.gov/scitech/monitoring/rsl/bioassessment/index.cfm
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DRAFT - Sampling Protocol for Westslope Cutthroat Trout Oncorhynchus clarki lewisi in the Upper Missouri River Basin http://fwp.mt.gov/fwpDoc.html?id=18693 State, Provincial, and Forest Service Standard Sampling Protocols - Water/Fish http://www.cals.arizona.edu/research/azfwru/scott/scott_overviewProtocols.htm USFS Fish and Aquatic Ecology Unit http://www.fs.fed.us/biology/fishecology/new.html
Collection of data associated with invasive species such as species name, density and infestation size, may provide a predictive tool in certain instances, for potential impact and a recommended mitigation measures to prevent impacts to natural communities. Please refer to local biologists and botanists for required or recommended data collection parameters and needs.
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Process of Reporting of Misapplication of Aerial Application of Fire Retardant for Cultural Resource, Traditional Cultural Property, or Sacred Sites
Misapplication definition for Cultural Resource, Traditional Cultural Property, or Sacred Site: Misapplication on a historic property, traditional cultural property, or sacred site is an aerial fire retardant application on a previously identified resource. If the cultural resource was not identified prior to the application, then it is not a misapplication. The effects and any resolution of adverse effects in such cases are reportable as the result of a misapplication. These effects should be considered as suppression damages. If a retardant drop occurs on a cultural resource, traditional cultural property, or sacred site, the site condition will be assessed by a qualified archaeologist and reported to the appropriate consulting parties. The consultations may in include the State Historic Preservation Officer or Tribal Historic Preservation Officers or both, depending on the nature of the resources affected. Tribal notification and consultation is required if the affected resource is a sacred site or a location that is of cultural or religious importance to tribes. The purpose of consultation with these external parties is first to determine if the application has had an adverse effect, and second, to determine what actions, if any, should be taken to mitigate or resolve the adverse effect. Depending on tribal perspectives, application may have no effect or no adverse effect; whereas SHPO perspectives may be very different. If, in consultation with appropriate tribal representatives, the effect is found to be adverse, the agency will consult with the tribe to determine an appropriate course of action to mitigate or resolve the adverse effect. If, in consultation with SHPO, the effect is found to be adverse, then the agency will follow standard procedures under 36CFR800 or NHPA programmatic agreements. If disagreements arise between tribes and other consulting parties, then consultation shall engage the Advisory Council on Historic Preservation and seek Council guidance before taking any remedial action. Existing monitoring and reporting tools/forms specific to the local unit will be updated, as needed, for use in the reporting and monitoring process and retained at the local level.
Reporting and Monitoring Process and Reporting Tools for Retardant Drops on Cultural Resource, Traditional Cultural Property, or Sacred Sites
For the purposes of tracking misapplications on historic properties, traditional cultural properties, and sacred sites, agency personnel will complete the appropriate forms for misapplication and submit as directed. Due to the nature of cultural resources and sacred sites, no site specific information about the location of the sites will be included in upward reporting. Records of the misapplication, the effects to the resource, the consultation process, and the resolution of adverse effects will be maintained by the local unit.
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BAER plans will not include any monitoring or mitigation for specific misapplication needs.
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Chapter 7. Assessment of Fires Less than 300 Acres in Size -5% Assessment Process and Documentation Requirements
Direction
In response to concerns that a misapplication of aerially delivered fire retardant may occur in an identified avoidance area on smaller initial attack fires and on unstaffed fires, and thus be underreported, the Forest Service will annually assess 5 percent of all fires that are less than 300 acres in size (with a minimum of 1 fire per forest) where aerial applied fire retardant was used. If misapplication into an avoidance area occurs the process described in the Misapplication Reporting and Monitoring section applies. Forest Supervisors are responsible to ensure the 5% assessment is completed and documented and that all forms are submitted.
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Forest has high use of aerial retardant (>20 fires with AFR per year)
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Reporting Process and Reporting Tools/Forms for the 5% Assessment Aerial Fire Retardant
The Forest Service has developed on-line reporting forms to streamline data gathering and provide endusers a final product that captures all the required reporting and monitoring associated with this decision. The forms with instructions are located at: http: www.fs.fed.us/fire/retardant . Additionally, the Assessment of Fires Less than 300 Acres in Size Form can also be found in Appendix B. Important Note: It is imperative that the FS comply with this assessment and reporting component for these smaller fires. By completing this action, results may eliminate this need in the future or provide additional important information to ensure species protection in the future.
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i. Aircraft operation direction ii. Avoidance area maps - sets of avoidance area maps for each national forest will be available through the forests aviation officer, at tanker bases, at helibases, at fire dispatch offices and with all appropriate cooperators. Data and reporting Avoidance Area mapping updates completed Documentation of Annual Coordination Meetings as described above, Pilot briefings, and training
2. Site Assessment of Impacts Form(s) 3. Tracking and assessment of Fire Less than 300 Acres in Size 4. Documentation of all communication and coordination meetings with Regulatory agencies
2.
ii. the results of new fish toxicity, and iii. any actions the Forest Service took or intend to take to minimize the exposure of listed fish species to fire retardants, and reduce the severity of their exposure. 3. A 5-year programmatic compliance review of the Biological Assessment document life span is: January 1, 2012, to January 1, 2022.
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Q: How do we implement the 5% assessment of fires less than 300 acres where aerial fire retardant is applied and avoidance areas exist? A: Prior to onset of annual fire season and based on historical records of fire, aerial fire retardant use
and presence of avoidance areas, estimate approximately how many initial attack fires (fires less than 300 acres) that may call for aerial retardant. For determining 5%, this is a minimum of 1 out of every 20 fires per forest where aerial fire retardant is used. For instance, a forest with low use (less than 10 drops per year) of aerial retardant should start with the first initial attack fire where aerial fire retardant is used and avoidance area exist. Higher use forests, will need to ensure they are tracking the number of fires where aerial fire retardant is applied. Again, it may be easier to conduct the assessment on one of the first fires with aerial fire retardant use, track the number times aerial fire retardant is applied up to 20, then assess the next fire with aerial fire retardant use, rather than waiting until later into the season, in order to meet these requirements. Forests that either do not have any avoidance areas or do not use aerially delivered fire retardant do not need to complete this assessment. Refer to Figure 4 in Chapter 7
Q: What if the forest wants to add, remove or change the size and shape of an avoidance area? A: Avoidance area maps can be updated or adjusted for TEPCS species or designated critical habitats by
Forest Supervisors in consultation with FWS or NOAA Fisheries as necessary. Mapping changes are allowed if they do not create additional adverse effects than what was analyzed in the Biological Assessments or change the analysis conducted or determinations made in the Biological Opinions. Refer to Chapter 4-Resource Specialists, Process for Addendums to the National Programmatic Consultation. Refer to Chapter 2 and appendix A for detailed instructions for developing and uploading GIS layers to the national database.
Q: Which job code do I bill to? A: If a misapplication is discovered during the fire, individuals involved in the reporting and assessment
should charge their time to the fires P-code. If monitoring and mitigation are required, the unit with the fire shall request a new code from Firecode. The fire name plus FR Monitoring will be the name of the P-code and all costs affiliated with the plan and work associated with the plan will be charged to this code.
Q: How do I know if I can apply aerial fire retardant within an intermittent stream? A: If a stream is classified as intermittent on the NHD layer and:
has visible WATER, 300 waterway avoidance area is in place no application of aerial fire retardant. Guidance for pilots delivering retardant near a waterway are instructed to terminate retardant application if riparian vegetation is visible when approaching a mapped avoidance area (may vary based on locale). has no water, yet remains as a resource protection avoidance area (TEPCS or other) no application of aerial fire retardant has no water, and FWS/NOAA concur no effects to species if aerial retardant applied in dry intermittent stream then no avoidance area is necessary (refer to Chapter 5- Resource Specialists for process of making changes to avoidance area maps and re-initiation of consultation), and application of aerial fire retardant is allowed and would not be considered a misapplication.
Q: How soon after a misapplication within an avoidance area do I need to submit the event? A: It is best to turn in the report as soon as possible after it is found. The end of the shift or next day is
preferred; due to requirements to conduct biological assessment as soon as possible. The form should be turned into the Incident Commander, Resource Advisor, or forest specialist, fire officer, or agency representative for reporting.
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Q: How do I document that we have met our annual obligation of coordinating with the regulatory agencies and how is this process completed? A: It is recommended that the Forest documents each meeting date, keeps a participant sign in sheet,
and list of topics discussed on a form. The forests keeps the original, sends a copy to the local FWS, and/or NOAA and sends a copy to regional/national FS coordinators if requested. It is also recommended that these meetings be done early in the pre-season or at the same time of year each year in coordination with both biological and fire resources together as much as possible.
Q: How do I know if we need to re-initiate consultation or provide and addendum to the BA/BO with the regulatory agencies: A: Refer to Chapter 5 - Resource Specialists, sections on Re-initiation of Consultation for the National
BA, and Process for Addendums to the National BA.
Q. Will I be held liable if I invoke the exception and species mortality occurs due to the aerial application of fire retardant? A. No, the incident commander has the authority to invoke the exception when human life or public
safety is threatened and the use of fire retardant is reasonably expected to alleviate the situation. The exceptions need to be reported as well.
Q: I am a pilot and I drop a load of retardant either in waterway, buffer, or other avoidance area. Will I be held accountable or liable because of the misapplication? A. The Forest Service recognizes that misapplications will occur and discussed this with the Regulatory
agencies. You will not be held accountable or liable for a misapplication in an avoidance area or waterway (including buffer). Please be sure to report any misapplication.
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Glossary
Anchor Point An advantageous location, usually a barrier to fire spread, from which to start constructing a fireline. The anchor point is used to minimize the chance of being flanked by the fire while the line is being constructed. Avoidance Areas A protection area surrounding a listed species developed to mitigate or avoid possible impacts caused by an action; no-drop zone for aerial retardant use. Biological Assessment A document prepared for Fish and Wildlife Service Section 7 consultation process to determine whether a proposed major construction activity under the authority of a Federal action agency is likely to adversely affect listed species, proposed species, or designated critical habitat. Biological Opinion A document prepared by the Fish and Wildlife Service that is the product of formal consultation, stating the opinion of the Fish and Wildlife Service on whether or not a Federal action is likely to jeopardize the continued existence of listed species or result in the destruction or adverse modification of critical habitat. Biological Evaluation A document prepared by the Forest Service to review planned, funded, executed, or permitted programs and activities for possible effects on endangered, threatened, proposed, or sensitive species (FSM 2672.4) Candidate species Plants and animals that have been studied and that the Fish and Wildlife Service has concluded should be proposed for addition to the Federal endangered and threatened species list. These species have formerly been referred to as category 1 candidate species. Consultation A requirement of the Endangered Species Act that requires the action agency to enter into discussions with a regulatory agency regarding the potential effects of a project on federally listed threatened or endangered species; occurs when a project may affect any species. The agencies work together to mitigated or avoid impacts to the species. Critical habitat As defined and used in the Endangered Species Act, is a specific geographic area(s) that contains features essential for the conservation of a threatened or endangered species and that may require special management and protection. Cumulative Effects - Impacts on environments that result from the incremental impact of an action when added to other past, present, and reasonably foreseeable future actions. Cumulative effects can result from individually minor but collectively significant actions taking place over a period of time. Determination A decision made from analysis of impacts of an action on a species; either No Effect or May Affect, which are further analyzed into adverse or not adverse effects. Direct Effects Effect that are caused by the action and occur at the same time and place. Endangered Any species listed in the Federal Register as being in danger of extinction throughout all or a significant portion of its range. 45 | P a g e
Endangered Species Act (ESA) A law passed in 1973 to conserve species of wildlife and plants determined by the Director of the Fish and Wildlife Service or the National Marine Fisheries to be endangered or threatened with extinction in all or a significant portion of its range. Among other measures, ESA requires all federal agencies to conserve these species and consult with the Fish and Wildlife Service or National Marine Fisheries on federal actions that may affect these species or their designated critical habitat. EPA US Environmental Protection Agency Erosion The wearing away of the land surface by running water, wind, ice, gravity, or other geological activities; can be accelerated or intensified by human activities that reduce the stability of slopes or soils. Federally Listed Species Formally listed as a threatened or endangered species under the ESA. Designations are made by the Fish and Wildlife Service or National Marine Fisheries Service. Fire Management Plan A strategic plan that defines a program to manage wildland and prescribed fires and documents the Fire Management Program in the approved land use plan. The plan is supplemented by operational plans such as preparedness plans, preplanned dispatch plans, prescribed fire plans, and prevention plans (Interagency Implementation Guide, 1998). FPU Fire Planning Unit Habitat The place where a population (e.g., human, animal, plant, microorganism) lives and its surroundings, both living and non-living. IA Initial Attack Indirect Effects Those are caused by the action and are later in time or farther removed in distance, but are still reasonably foreseeable. Indirect effects may include growth inducing effects and other effects related to induced changes in the pattern of land use, population density or growth rate, and related effects on air and water and other natural systems, including ecosystems. Intermittent Stream A stream that carries water a considerable portion of the time, but that ceases to flow occasionally or seasonally because bed seepage and evapotranspiration exceed the available water supply. LAA Likely to adversely affect a species listed under the Endangered Species Act. Misapplication Misapplication: The accidental aerial application of fire retardant into a waterway, within the 300-foot buffer (or more as designated by specific forests) or within an avoidance area. Or when resources are directed to apply fire retardant into a waterway, within the 300-foot buffer (or more as designated by specific forests), or within an avoidance area based on allowable exceptions or a transportation accident. NIFC National Interagency Fire Center NLAA Not likely to adversely affect a species listed under the Endangered Species Act 46 | P a g e
Perennial Stream A stream that contains water at all times except during extreme drought. Riparian The area adjacent to a stream, waterbody or wetland. Pertaining to areas of land directly influenced by water. Riparian areas usually have visible vegetative or physical characteristics reflecting this water influence. Streamsides, lake borders, or marshes are typical riparian areas. SEAT Single-Engine Air Tanker Sensitive Species Those plant and animal species identified by a [U.S. Forest Service] regional forester for which population viability is a concern, as evidenced by: a. Significant current or predicted downward trends in population numbers or density. b. Significant current or predicted downward trends in habitat capability that would reduce a species existing distribution (FSM 2670.5). Threatened The classification provided to an animal or plant likely to become endangered within the foreseeable future throughout all or a significant portion of its range. Trigger A report of misapplication, where there is an affect to threatened and endangered species, requires consultation with the forest/Fish and Wildlife Service/National Oceanic Marine Fisheries to determine the appropriate restriction on use of future application in the area (species dependent). USGS U.S. Geological Survey WFDSS Wildfire Decision Support System Water Quality A term used to describe the chemical, physical, and biological characteristics of water, Waterway Any body of water including lakes, rivers, streams and ponds whether or not they contain aquatic life.
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Appendix A. Comparison of 2000 Guidelines including the 2008 RPAs and New Direction
Actions Exceptions for Retardant Use 2000 Guidelines and 2008 RPAs Three Exceptions: For life and property, lack of ground personnel, other valuable resources (campgrounds, plantations, historical structures etc.) Aircraft Operational Guidance 2000 Guidelines for Aerial Delivery of Retardant or Foam: 300-ft buffer and T&E from 2008 Biological Opinion New Direction One Exception: For protection of human life or public safety
New Aerial Application of Fire Retardant Direction: Avoidance of waterways, established buffers associated with waterways; riparian vegetation visible to pilots, terrestrial avoidance areas, and other resources (e.g., cultural) Aquatic and Terrestrial T&E and some sensitive species Aquatic: 300 or more for all waterways, 153 federally listed aquatic species, 157 Forest Service Sensitive Aquatic Species Plants: 84 federally listed species,21 designated critical habitats, 223 Forest Service sensitive species, 3 candidate species Wildlife: 32 federally listed species, 18 designated critical habitats , 36 Forest Service sensitive species New Aerial Application of Fire Retardant Direction: Annual training Briefings, as needed Coordination meetings, as needed Yes
Aquatic and terrestrial for T&E jeopardy species only from 2008 Biological Opinions Aquatic: 300 for all waterways, 153 federally listed aquatic species, 157 Forest Service Sensitive Aquatic Species. Plants: 20 federally listed species, 14 designated critical habitats Wildlife: 3 federally listed species approximately 0.0025% NFS Lands
Annual Coordination
Pre-season coordination 2008 Reasonable and Prudent Alternatives Update and review of maps
Reporting of Misapplication
Yes
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Actions Monitoring
2000 Guidelines and 2008 RPAs Only if misapplication into waterways and T&E species associated with 2008 Biological Opinions or if needed with emergency consultation process
New Direction 1. Monitoring of misapplications that occur in avoidance areas 2. Monitoring of 5% of all fires <300 acres where Aerial retardant was applied Monitoring associated with Terms and Conditions or Conservation Measures in BOs. Includes trigger points/restricting future use, if adverse impacts found
Reporting
Misapplications
1. All Misapplications 2. 5% of small fires and on large fires 3. Other reporting requirements identified in Conservation Measures or Terms and Conditions in BOs (species specific) Yes for sacred sites, traditional use areas, etc. Yes - For those identified that may trend towards listing or loss of viability on the planning unit No Re initiation process developed for exceeding incidental take, new chemicals, new information, species, etc. Review of BA at 5 and 10 years for adequacy of analysis or incorporation of additional information relevant to determination process
No
Protection for No Forest Service Sensitive Species Use of Emergency Consultation Regulations (50 CFR 402.05) Yes
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PLEASE NOTE:
All forms within this appendix are in the process of being converted to on-line forms for ease of reporting and data tracking. Please check website www.fs.fed.us/fire/retardant for current updates to these forms and alternate reporting and submission requirements.
The forms below can be used to take into the field to obtain the necessary information required for reporting. On-line reporting of this required information allows for tracking and maintaining new reporting requirements associated with the new direction.
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Addendums to National BA/BO based on local level changes Re-initiation of National BA based on local level changes Re-initiation of National BA based on National level changes (e.g. new retardants, or programmatic review at 5 years indicate need) Coordination Meetings with Regulatory Agencies (annual and as needed) documentation Documentation of Training and meetings with cooperators
Local/Regional
Local/Regional
Local/Regional/ National
Information is retained at the local level and Regional level Local/Regional conduct and complete reinitiation WO-FAM, WO-TES
Local/Regional
Local/Regional
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Resource Advisors/Specialists Annual Review: Part of pre-season preparedness Review avoidance area maps- updates to maps by early January by Forest Biologist, using previous years information, this should only take 1-2 days to work with GIS to produce new maps. Some Regions plan to do this at the Regional Level to maintain consistency. Review aircraft operation direction and pilot direction Review of reporting process for misapplications Review of Biological Assessment/Opinions and monitoring process Coordinate with FWS/NMFS annually as needed Hydrologists or Forest Hazardous Materials coordinator, coordinate with their counterpart at their state water quality agency to discuss (and document) reporting required in the event of a retardant spill or retardant application to water. In addition, become familiar with the state latest water quality requirements, any site specific areas with special water quality issues, and water intakes for municipal watersheds or domestic water supplies on the Forest or directly downstream and any associated updates as applicable. Ideally all these reviews could be done at the same time in one meeting with Fire, Resources, and FWS/NMFS agencies 68 | P a g e
Site Assessment of Impacts if misapplication occurs within avoidance areas and knowledge of species specific monitoring requirements within the Biological Assessment/Evaluations, Conservation Measures, Incidental Take Statements including Reasonable and Prudent Measures/Terms and Conditions within the Biological Opinions for species occurring on local units. Coordinate as necessary with FS TES species leads for preparation of addendums to the Assessments, Evaluations or re-initiation of consultation if necessary at the local level.
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