United States Department of the
Interior![](media/image1.png){width="1.0097222222222222in"
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Fish and Wildlife Service

Bloomington Field Office (ES)

620 South Walker Street

Bloomington, IN 47403-2121

Phone: (812) 334-4261 Fax: (812) 334-4273

3 June 2002

James E. Denoncour

Tell City District Ranger

Hoosier National Forest

248 15th Street

Tell City, IN 47586

RE: Tornado Blowdown Fuels Reduction Project (prescribed fire), in
Jackson and

Lawrence counties, Indiana

Dear Mr. Denoncour:

This letter is in response to your 25 March 2002 letter requesting that
the Hoosier National Forest\'s (HNF) proposed prescribed fire on 1,361
acres in Jackson and Lawrence counties, Indiana be reviewed and appended
to the U.S. Fish and Wildlife Service, Programmatic Biological Opinion
(BO) to fulfill consultation requirements under section 7 of the
Endangered Species Act, as amended. The U.S. Fish and Wildlife
Service\'s Bloomington Field Office issued a programmatic BO and
Incidental Take Statement (ITS) on 31 July 2001 for the continued
implementation of the Hoosier National Forest\'s Land and Resource
Management Plan (LRMP), as amended. The BO analyzed anticipated effects
from management activities on bald eagles (*Haliaeetus*
*leucocephalus*), Indiana bats (*Myotis* *sodalis*), gray bats (*Myotis*
*grisescens*), and eastern fanshells (*Cyprogenia* *stegaria*).

We understand that the HNF is proposing to use prescribed fire on 1,278
acres in Jackson and Lawrence counties. The project area is located in
T7N, R2E, sect. 25, 26, 33, 34, and 35, and in T7N, R3E, sect. 29, 30,
31, and 32. The purpose of the prescribed burn is to remove remaining
excess woody fuels lying on the forest floor that resulted from a severe
storm/tornado in 1996. Salvage-logging projects in 1997 and 1999 removed
some timber from the blowdown area, however, the HNF conducted a fuel
assessment in 2001 that revealed threats to firefighter and public
safety still remain.

The HNF intends to use four prescribed fire/fuel reduction treatment
methods that differ in the level of required site preparation (e.g.,
construction of fire lines and/or burn piles) and use of heavy
machinery. 'Broadcast burning\' will be conducted to burn logs,
branches, and other forest debris spread over a large area (686 acres).
'Pile burns\' will be conducted where fuel load debris is found
congregated in small areas or piles (35 acres). 'Machine pile/burns\'
will be conducted on 257 acres similar to the other pile burns, but with
the additional step of using mechanized equipment, such as front-end
loaders and skidders, to heap logs and branches into piles for burning.
Lastly, prescribed fire 'treatment by isolation\' will be used to burn
forest debris on 300 acres adjacent to and surrounding heavy fuel load
areas to isolate the heavy fuel load areas from nearby forests that
could potentially burn in a wildfire.

The fire treatments would consume herbaceous plant materials, small
woody debris, leaf litter, and downed logs and branches. Fire treatments
are likely to kill small saplings (average of 2 inches or less in
diameter-at-breast height). A limited number of snags will be removed
along fire lines. Prescribed fires and burning of piles would be carried
out, and snags removed, between 16 September and 14 April to avoid any
direct take of Indiana bats.

The Service concurs that this proposed project is not likely to
adversely affect bald eagles, gray bats, or eastern fanshells or any
designated critical habitat. Although the proposed project is likely to
adversely affect Indiana bat summer roosting and foraging habitat, the
anticipated effects and resulting level of incidental take are
consistent with those analyzed within the programmatic BO and are not
likely to jeopardize the continued existence of the Indiana bat.
Anticipated effects from prescribed fire and tree removal are discussed
on pages 10 and 11 of the BO.

In general, the change to Indiana bat habitat resulting from the
proposed prescribed fire and burn pile treatments should be minor. As a
result of the fire and associated preparations (e.g., creating fire
breaks), some standing snags are likely to be lost, however, some new
snags are likely to be created by the fire as well. Therefore, we do not
anticipate a large loss in suitable roosting habitat for Indiana bats.
Because the proposed prescribed burn will be conducted between 16
September and 14 April, the chance of direct take occurring from the
destruction of occupied roost trees or smoke inhalation will be
eliminated. Consumption/removal of the leaf litter and ground cover is
likely to reduce the production of terrestrial insects within the
project area for the first year post-burn because the fire and/or heat
will destroy overwintering insects, eggs and pupae. A reduction in the
prey base of Indiana bats may force bats to fly farther to forage until
insect abundance increases over time. The quality of foraging habitat
also may be degraded due to erosion, and subsequent sedimentation of
project area streams, associated with the prescribed fire treatments.
Sedimentation could affect the production of insects associated with
aquatic habitats, which make up a portion of the prey base of Indiana
bats. The HNF will utilize best management practices to minimize
siltation. Degradation of Indiana bat roosting or foraging habitat
resulting from the prescribed burn should be short-lived and bats
accustomed to using the proposed project area should be able to meet
their life requisites within the large tracts of surrounding forest.

The amount of anticipated incidental take (in the form of harm through
habitat loss) from this project is 1,278 acres. This project brings the
cumulative total of acres for prescribed burns to 1,978 acres out of the
7000 acres authorized for this management activity in the programmatic
BO. As required by Term and Condition No. 5 of the programmatic BO\'s
ITS, the Forest Service attached a spreadsheet showing that 1,278 acres
would be altered by this project, leaving a balance of 5022 acres for
future prescribed burns. The balance of acreages authorized for each
management activity is also shown on the spreadsheet. The Service
concurs that the attached spreadsheet is complete and accurately
reflects anticipated impacts of the proposed project without exceeding
authorized levels of incidental take.

To be in compliance with the ITS of the programmatic BO and to obtain
exemption from the section 9 prohibitions of the ESA, the Forest Service
must adhere to the Reasonable and Prudent Measures (RPMs) and Terms and
Conditions (T&Cs) identified in the 31 July 2001 programmatic BO.
Furthermore, we believe the following RPMs and T&Cs are necessary and
appropriate to minimize impacts of incidental take of Indiana bats
associated with this specific project:

[Additional Project-Specific Reasonable and Prudent Measures and Terms
and Conditions]{.underline}

None.

To ensure that the impacts of take associated with this project are
appropriately minimized and that the exemption of incidental take is
appropriately documented, the Forest Service and Fish and Wildlife
Service are using an 'appended\' programmatic consultation approach.
After assessing the anticipated effects of this proposed project, we
concur that they are within the scope of the programmatic BO, and we
agree to append the Forest Service\'s 25 March 2002 letter, spreadsheet,
and map along with this response letter to the programmatic BO and label
them as \"Appendix 2.\"

This precludes the need for further consultation on this individual
project as required under section 7 of the Endangered Species Act of
1973, as amended. If, however, new information on endangered species
within the proposed project area becomes available or if significant
changes are made to the proposed project, then please contact Andy King
at (812) 334-4261 ext. 216 for further consultation.

Sincerely,

Scott E. Pruitt

Field Supervisor

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