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pdfTHE SECRETARY OF THE INTERIOR
WASHINGTON
ORDER NO. 3362
Subject: Improving Habitat Quality in Western Big-Game Winter Range and Migration
Corridors
Sec. 1 Purpose. This Order directs appropriate bureaus within the Department of the Interior
(Department) to work in close partnership with the states of Arizona, California, Colorado,
Idaho, Montana, Nevada, New Mexico, Oregon, Utah, Washington, and Wyoming to enhance
and improve the quality of big-game winter range and migration corridor habitat on Federal
lands under the management jurisdiction of this Department in a way that recognizes state
authority to conserve and manage big-game species and respects private property rights.
Through scientific endeavors and land management actions, wildlife such as Rocky Mountain
Elk (elk), Mule Deer (deer), Pronghorn Antelope (pronghorn), and a host of other species will
benefit. Additionally, this Order seeks to expand opportunities for big-game hunting by
improving priority habitats to assist states in their efforts to increase and maintain sustainable big
game populations across western states.
Sec. 2 Authorities. This Order is issued under the authority of section 2 of Reorganization Plan
No. 3 of 1950 (64 Stat. 1262), as amended, as well as the Department's land and resource
management authorities, including the following:
a.
Federal Land Policy and Management Act of 1976, as amended, 43 U.S.C. 1701,
b.
U.S. Geological Survey Organic Act, as amended, 43 U.S.C. 31, et seq.;
et seq.;
c.
National Wildlife Refuge System Improvement Act of 1997, as amended,
16 U.S.C. 668dd et seq.; and
d.
National Park Service Organic Act of 1916, as amended, 54 U.S.C. 100101, et seq.
Sec. 3 Background. The West was officially "settled" long ago, but land use changes continue
to occur throughout the western landscape today. Human populations grow at increasing rates
with population movements from east and west coast states into the interior West. In many
areas, development to accommodate the expanding population has occurred in important winter
habitat and migration corridors for elk, deer, and pronghorn. Additionally, changes have
occurred across large swaths ofland not impacted by residential development. The habitat
quality and value of these areas crucial to western big-game populations are often degraded or
declining.
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The Bureau of Land Management (BLM) is the largest land manager in the United States (U.S,)
with more than 245 million acres of public land under its purview, much of which is found in
Western States. The U.S. Fish and Wildlife Service (FWS) and National Park Service (NPS)
also manage a considerable amount of public land on behalf of the American people in the
West. Beyond land management responsibilities, the Department has strong scientific
capabilities in the U.S. Geological Survey (USGS) that can be deployed to assist State wildlife
agencies and Federal land managers. Collectively, the appropriate bureaus within the
Department have an opportunity to serve in a leadership role and take the initiative to work
closely with Western States on their priorities and objectives as they relate to big-game winter
range and migration corridors on lands managed by the Department.
Consistent with the American conservation ethic, ultimately it is crucial that the Department take
action to harmonize State fish and game management and Federal land management of big-game
winter range and corridors. On lands within these important areas, if landowners are interested
and willing, conservation may occur through voluntary agreements.
Robust and sustainable elk, deer, and pronghorn populations contribute greatly to the economy
and well-being of communities across the West. In fact, hunters and tourists travel to Western
States from across our Nation and beyond to pursue and enjoy this wildlife. In doing so, they
spend billions of dollars at large and small businesses that are crucial to State and local
economies. We have a responsibility as a Department with large landholdings to be a
collaborative neighbor and steward of the resources held in trust.
Accordingly, the Department will work with our State partners and others to conserve and/or
improve priority western big-game winter range and migration corridors in sagebrush
ecosystems and in other ecotypes as necessary. This Order focuses on the Western States of:
Arizona, California, Colorado, Idaho, Montana, Nevada, New Mexico, Oregon, Utah,
Washington, and Wyoming. These States generally have expansive public lands with established
sagebrush landscapes along with robust big-game herds that are highly valued by hunters and
tourists throughout the Nation.
The Depa..11:ment has broad responsibilities to manage Federal lands, waters, and resources for
public benefit, including managing habitat to support fish, wildlife, and other resources.
Secretary's Order 3356, "Hunting, Fishing, Recreational Shooting, and Wildlife Conservation
Opportunities and Coordination with States, Tribes, and Territories," (SO 3356) was issued on
September 15, 2017. SO 3356 primarily focused on physical access to lands for recreational
activities, particularly hunting and fishing. This Order is focused on providing access to big
game animals by providing direction regarding land management actions to improve habitat
quality for big-game populations that could help ensure robust big-game populations continue to
exist. Further, SO 3356 includes a number of directives related to working with States and using
the best available science to inform development of guidelines, including directing relevant
bureaus to:
a.
Collaborate with State, tribal, and territorial fish and wildlife agencies to attain or
sustain State, tribal, and territorial wildlife population goals during the Department's land
management planning and implementation, including prioritizing active habitat management
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projects and funding that contributes to achieving wildlife population objectives, particularly for
wildlife that is hunted or fished, and identifying additional ways to include or delegate to States
habitat management work on Federal lands;
b.
Work cooperatively with State, tribal, and territorial wildlife agencies to enhance
State, tribe, and territorial access to the Department's lands for wildlife management actions;
c.
Within 180 days, develop a proposed categorical exclusion for proposed projects
that utilize common practices solely intended to enhance or restore habitat for species such as
sage grouse and/or mule deer; and
d.
Review and use the best available science to inform development of specific
guidelines for the Department's lands and waters related to planning and developing energy,
transmission, or other relevant projects to avoid or minimize potential negative impacts on
wildlife.
This Order follows the intent and purpose of SO 3356 and expands and enhances the specific
directives therein.
Sec. 4 Implementation. Consistent with governing laws, regulations, and principles of
responsible public stewardship, I direct the following actions:
a.
NPS to:
With respect to activities at the national level, I hereby direct the BLM, FWS, and
(1)
Within 30 days, identify an individual to serve as the "Coordinator" for
the Department. The Coordinator will work closely with appropriate States, Federal agencies,
nongovernmental organizations, and/or associations to identify active programs focused on biggame winter range and/or migration corridors. The programs are to be organized and cataloged
by region and other geographic features (such as watersheds and principles of wildlife
management) as determined by the Deputy Secretary, including those principles identified in the
Department's reorganization plan.
(2)
Within 45 days, provide the Coordinator information regarding:
(i)
Past and current bureau conservation/restoration efforts on winter
range and migration corridors;
(ii)
Whether consideration of winter range and corridors is included in
appropriate bureau land (or site) management plans;
(iii)
Bureau management actions used to accomplish habitat objectives
in these areas;
(iv)
The location of areas that have been identified as a priority for
conservation and habitat treatments; and
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(v)
Funding sources previously used and/or currently available to the
bureau for winter range and migration corridor conservation/restoration efforts.
(3)
Within 60 days, if sufficient land use plans are already established that are
consistent with this Order, work with the Coordinator and each regional Liaison (see section 4b)
to discuss implementation of the plans. If land use plans are not already established, work with
the Coordinator and each regional Liaison to develop an Action Plan that summarizes
information collected in section 4 (a) {l) and (2), establishes a clear direction forward with each
State, and includes:
(i)
Habitat management goals and associated actions as they are
associated with big ga..rne winter range and migration corridors;
b.
(ii)
Measurable outcomes; and
(iii)
Budgets necessary to complete respective action(s).
With respect to activities at the State level, I hereby direct the BLM, FWS, and
NPS to:
(1)
Within 60 days, identify one person in each appropriate unified region (see
section 4a) to serve as the Liaison for the Department for that unified region. The Liaison will
coordinate at the State level with each State in their region, as well as with the Liaison for any
other regions within the State. The Liaison will schedule a meeting with the respective State fish
and wildlife agency to assess where and how the Department can work in close partnership with
the State on priority winter range and migration corridor conservation.
(2)
Within 60 days, if this focus is not already included in respective land
management plans, evaluate how land under each bureau's management responsibility can
contribute to State or other efforts to improve the quality and condition of priority big-game
winter and migration corridor habitat.
(3)
Provide a report on October 1, 2018, and at the end of each fiscal year
thereafter, that details how respective bureau field offices, refuges, or parks cooperated and
collaborated with the appropriate State wildlife agencies to further winter range and migration
corridor habitat conservation.
(4)
Assess State wildlife agency data regarding wildlife migrations early in
the planning process for land use plans and significant project-level actions that bureaus develop;
and
(5)
Evaluate and appropriately apply site-specific management activities, as
identified in State land use plans, site-specific plans, or the Action Plan (described above), that
conserve or restore habitat necessary to sustain local and regional big-game populations through
measures that may include one or more of the following:
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(i)
restoring degraded winter range and migration corridors by
removing encroaching trees from sagebrush ecosystems, rehabilitating areas damaged by fire, or
treating exotic/invasive vegetation to improve the quality and value of these areas to big game
and other wildlife;
(ii)
revising wild horse and burro-appropriate management levels
(AML) or removing horses and burros exceeding established AML from winter range or
migration corridors if habitat is degraded as a result of their presence;
(iii)
working cooperatively with private landowners and State highway
departments to achieve permissive fencing measures, including potentially modifying (via
smooth wire), removing (ifno longer necessary), or seasonally adapting (seasonal lay down)
fencing if proven to impede movement of big game through migration corridors;
(iv)
avoiding development in the most crucial winter range or
migration corridors during sensitive seasons;
(v)
minimizing development that would :fragment winter range and
primary migration corridors;
(vi)
limiting disturbance of big game on winter range; and
(vii) utilizing other proven actions necessary to conserve and/or restore
the vital big-game winter range and migration corridors across the West.
c.
With respect to science, I hereby direct the USGS to:
(1)
Proceed in close cooperation with the States, in particular the Western
Association of Fish and Wildlife Agencies and its program manager for the Crucial Habitat
Assessment Tool, prior to developing maps or mapping tools related to eik, deer; or pronghorn
movement or land use; and
(2)
Prioritize evaluations of the effectiveness of habitat treatments in
sagebrush communities, as requested by States or land management bureaus, and identified
needs related to developing a greater understanding of locations used as winter range or
migration corridors.
d.
I further hereby direct the responsible bureaus and offices within the Department to:
(1)
Within 180 days, to update all existing regulations, orders, guidance
documents, policies, instructions, manuals, directives, notices, implementing actions, and any
other similar actions to be consistent with the requirements in this Order;
(2)
Within 30 days, provide direction at the state or other appropriate level to
revise existing Federal-State memorandums of agreement to incorporate consultation with State
agencies on the location and conservation needs of winter range and migration routes; and
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(3)
Consult with State wildlife agencies and bureaus to ensure land use plans
are consistent and complementary to one another along the entire wildlife corridor in common
instances where winter range or migration corridors span jurisdictional boundaries.
e.
Heads of relevant bureaus will ensure that appropriate members of the Senior
Executive Service under their purview include a performance standard in their respective current
or future performance plan that specifically implements the applicable actions identified in this
Order.
Sec. 5 Management. I hereby direct the Deputy Secretary to take is responsible for taking all
reasonably necessary steps to implement this Order.
Sec. 6 Effect of Order. This Order is intended to improve the internal management of the
Department. This Order and any resulting reports or recommendations are not intended to, and
do not create any right or benefit, substantive or procedural, enforceable at law or equity by a
party against the United States, its departments, agencies, instrumentalities or entities, its officers
or employees, or any other person. To the extent there is any inconsistency between the
provision of this Order and any Federal laws or regulations, the laws or regulations will control.
Sec. 7 Expiration Date. This Order is effective immediately. It will remain in effect until its
provisions are implemented and completed, or until it is amended, superseded, or revoked.
Date:
FEB O 9 2018
File Type | application/pdf |
File Modified | 2018-02-22 |
File Created | 2018-02-22 |