Facilitating State Piscicide Applications on National Forest System Lands

While Federal regulations at 36 CFR 261.9(f) require that use of all pesticides which affect National Forest System (NFS) lands be permitted by the U.S. Forest Service, applications of piscicides by State wildlife and fish management agencies will generally meet the criteria for waiver of this permit requirement set forth in regulations at 36 CFR 251.50(e)(1)&(2).  The U.S. Forest Service recognizes that piscicide applications conducted by State wildlife and fish management agencies typically have only nominal effects on National Forest System lands and resources and do not conflict with NFS programs and operations, and that the State wildlife and fish management agencies adequately regulate their piscicide applications to assure this through NPDES permitting required under the Clean Water Act.  Similarly, piscicide application may require ancillary uses of NFS lands that are subject to U.S. Forest Service permit requirements, such as certain motorized uses, and the criteria for waiver of permit requirements will often apply to these uses on NFS lands as well.