Piscicide Use on Forest Service Lands

The Forest Service published a proposal on November 16, 2006 to amend Title 36 Code of Federal Regulations (CFR) parts 241, 251 and 261 in order to clarify state and federal roles in piscicide application.  The proposed amendment to the rule would result in three changes. The principle change, in part 241, would establish criteria for State piscicide use on National Forest System lands, outside designated Wild and Scenic Rivers or Congressionally designated Wilderness and Wilderness Study Areas. A provision that State piscicide applications outside designated Wilderness and Wilderness Study Areas are not ‘‘special uses’’ requiring special use authorization would be added to 36 CFR 251.50. A paragraph would be inserted into 36 CFR 261.50 to specifically provide for closure of an area, under specific circumstances, to prohibit piscicide application. In addition, the ambiguous phrase ‘‘other minor uses,’’ which refers to pesticide uses, would be eliminated in 36 CFR 261.9(f). The proposed rule changes would provide an efficient and standardized national approach for the application of piscicides by State agencies on National Forest System lands while retaining the Forest Service’s authority over such use. Public comment was invited and will be considered in development of the final rule.  To date, the proposed rule has not been finalized and Forest Service Regions are cooperating with States under separate MOUs to implement piscicide projects.