Final EIS Appendix 8 

APPENDIX 8—EXCEPTION AND WAIVER CRITERIA 

PROCEDURES FOR HANDLING REQUESTS FOR EXCEPTION FROM 

SEASONAL STIPULATIONS AND/OR CONDITIONS OF APPROVAL

The Bureau of Land Management (BLM) will process requests for exception and waiver in coordination 

with the Wyoming Game and Fish Department (WGFD). A request for exception must be initiated in 

writing by the operator before the time that the work was originally proposed to conclude. The 

unpredictability of weather, animal movement and condition, etc., precludes analysis of requests related 

to wildlife far in advance of the time periods in question. Analyses of a request include review of 

potential mitigation measures and alternatives (e.g., traffic restrictions, alternative scheduling, and staged 

activity). The request is considered as a unique action and is analyzed and documented individually for 

Resource Management Plan (RMP) and National Environmental Policy Act (NEPA) compliance. 

Processing includes coordination with WGFD for seasonal wildlife-based lease stipulations or permit 

Conditions of Approval (COA). 

Exception requests will not be granted for stipulations or operating standards designed to protect 

threatened and endangered species unless the BLM consults with the U.S. Fish and Wildlife Service 

(USFWS) and reinitiates consultation over the RMP, if appropriate. 

An exception is a one-time relief from the COAs applied to an Application for Permit to Drill (APD) or 

from the stipulations applied to a right-of-way (ROW). Operators and lease holders must initiate requests 

in writing, and this documentation must be received by the BLM at least 2 weeks prior to the potential 

activity start date. The request must include the following information: 

WHY the operator or lease holder needs the exception. Please include the reason(s) why the action could 

not be completed within the original stipulation period, any evidence of why the action will not adversely 

affect the species being protected, or any other information (additional mitigation measures or 

alternatives) that will help BLM (and WGFD) in reviewing the request.

WHO is filing the exception request. This must include the company name, the name of the contact 

person, and the address, telephone number, e-mail address (if available), and fax number of the contact 

person.

WHAT is being requested. This must include a detailed description of the activity; the approval dates of 

the Application for Permit to Drill (APD), sundry or ROW number, lease number, and the American 

Petroleum Institute (API) number.

WHERE the activity will take place. This must include the legal description (including footage 

measurements of the well) of the activity, the location of the access roads and pipelines, and a map clearly

depicting these areas.

WHEN the activity will occur. This must include the start date, end date, and time of day/night when 

activities will occur.

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Requests will be accepted by fax at (307) 367-5329, e-mail, or hard copy letter (mail or hand-delivery 

acceptable). Hard copy requests should be mailed to the following address: 

Field Manager 

Bureau of Land Management 

Pinedale Field Office 

P.O. Box 768 

Pinedale, WY 82941 

ATTN: Wildlife Exception Request 

Please expect 2 weeks for processing of all requests. Following BLM review, the operator or lease holder 

will receive a response granting the request, denying the request, or delaying the action (with a 

recommendation of what needs to be completed before the request can be granted). These surveys may 

require additional surveys and field work before a recommendation can be made. These surveys must be 

coordinated and authorized by BLM biologists in advance. Please do not complete field surveys for 

exceptions before contacting the BLM. Results of surveys completed prior to direction from a BLM 

biologist may not be used or be adequate in granting an exception. If there is any question whether field 

surveys will be required, contact one of the BLM biologists. 

A copy of the crucial winter range exception request must be sent to the WGFD at— 

West of Hwy 189: 

Gary Fralick 

WGFD 

P.O. Box 1022 

Thayne, WY 83127 

East of Hwy 189: 

Scott Smith 

WGFD 

P.O. Box 850 

Pinedale, WY 82941 

Exceptions will not be granted for stipulations or COAs resulting from Section 7 consultation regarding 

the Endangered Species Act with the USFWS for listed species unless a biological assessment (BA) is 

completed and reinitiation of Section 7 consultation occurs. This process, depending on the potential 

impacts and whether incidental take is involved, typically will require 3 to 6 months for completion. The 

operator or lease holder is responsible for the BA, which must be satisfactorily completed in accordance 

with the requirements of BLM. 

GENERAL GUIDELINES FOR TIMING STIPULATION AND SURFACE USE 

RESTRICTIONS

Professional judgment plays a key part in a biologist’s recommendation to the BLM Field Manager, and 

there is no clear formula for arriving at these biological recommendations. Wildlife biologists will 

consider the general criteria below when evaluating an exception request: 

• Are the factors that led to the seasonal stipulations or COA for wildlife still valid? 

• Will granting the exception cause less long-term impact to the resource than whatever short-term 

impact might occur? 

• Are there other mitigation measures or alternatives that would allow for granting the exception 

and still meet the intended objective of the stipulation/COA? 

• What is the severity of the proposed action and the potential impact? 

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• What are the WGFD coordination and recommendations? 

• Is the animal present or absent? 

• What is the habitat potential or current use? 

• What is the weather severity and condition? (big game only) 

• What is the animal condition? (big game only) 

• Where is the site? 

• When will the action occur? (i.e., early or late in the stipulation period, length of activity, time of 

day, how much winter is remaining) 

CRUCIAL BIG GAME WINTER RANGE: 

November 15 Through April 30 

The “surface disturbance and disruptive activities” restriction in crucial big game winter ranges is 

intended to provide secure habitat for big game species and is dependent on weather and habitat 

conditions. Flexibility of this restriction is possible depending on weather conditions, animal presence, 

and season. Exception requests made early in the season (November 15–30), as well as short-term 

requests (involving less than 5 days), will result in the most flexible response. The criteria listed above 

will be applied for crucial big game winter range exception requests, and the recommendation from the 

WGFD will be considered. 

BIG GAME PARTURITION AREAS: 

May 1 Through June 30 

This stipulation provides protection for big game parturition areas on delineated parturition (birthing and 

calving) areas. An exception can be granted if field surveys determine that no big game species are using 

the area. This determination will be made in coordination with the WGFD. The same criteria will be used 

as previously described in the crucial big game winter range section. 

SAGE-GROUSE WINTER HABITAT: 

November 15 Through March 14 

Surface use and disruptive activity restrictions are intended for protection of wintering sage-grouse and 

their delineated winter habitat. A determination will be made if a location has known winter use or 

evidence of previous winter use by using survey data and personal observations. If no data are available, 

winter habitat availability and use will be determined during a site visit and/or if conditions warrant, 

through collection of data during a winter sage-grouse survey. If birds are present, or if signs of use are 

documented, the exception will be denied, and activities will be postponed until March 15. If birds are not 

present, and no sign of winter use is documented, the request for the exception could be granted. 

SAGE-GROUSE LEKS: 

March 1 Through May 15 (Avoid human activity between 8:00 p.m. and 8:00 a.m.) and Controlled Surface 

Use Within 1⁄4 mile of the Perimeter of Occupied Leks 

This seasonal stipulation is intended for active sage-grouse leks—either established or new. Definitions 

and protocol are defined by the WGFD, and a determination of whether a lek is active or inactive will be 

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made following a minimum of three surveys within the same year as the proposed activity. Surveys are 

coordinated by the WGFD, and BLM participates in those survey efforts. If a lek is found to be active, an 

exception will be denied, and surface use and disruptive activities will be delayed until May 16. If a lek is 

determined to be inactive, an exception could be granted, and activities could be allowed to begin 

(providing that access and other activities do not affect other active leks). 

SAGE-GROUSE NESTING/EARLY BROOD-REARING HABITAT: 

March 15 Through July 15; Controlled Surface Use Within 2 Miles of an Occupied Lek, or in Identified SageGrouse Nesting and Early-Brood Rearing Habitat Beyond 2 Miles of the Lek 

Surface use and disruptive activity restrictions are intended for the protection of nesting sage-grouse hens 

and their nesting and early-brood-rearing habitat. If an active lek is within 2 miles of a location, or if there 

is suitable nesting habitat available and the data suggest that birds might be nesting nearby, or if there is 

evidence of historical nesting in the area, no exception requests will be granted between March 15 and 

July 1. If after July 1 an exception is requested, a field survey could be completed to determine nesting 

and habitat use. This survey must be coordinated with, and authorized by, the BLM Field Manager, prior 

to completion of the exception request. If this survey determines that nesting is present, no exception will 

be granted until nesting has concluded. If this survey determines that there is no nesting activity, an 

exception could be granted. If there are no active leks within 2 miles of the location and there is no 

evidence of previous nesting, or if nesting habitat is not available or suitable, an exception could be 

granted. If a lek is inactive for a season but is considered occupied, and nesting habitat is present, an 

exception request could be granted after review, which may include surveys and/or onsite visits 

(coordinated and authorized by the BLM Field Manager prior to completion). 

If a lek has been determined to be inactive for a season and has been unoccupied in past seasons, or no 

nesting habitat is present, an exception could be granted, or no stipulations will be applied (during the 

NEPA review process). 

PRIORITY RAPTOR NESTS: 

February 1 Through July 31 (February 1 Through August 15 for Bald Eagles), No Surface Disturbing and 

Human Disruptive Activity Within 1⁄2 mile (1 Mile for Ferruginous Hawks and Bald Eagles); No Surface 

Occupancy (Year-Round) Within 825 Feet (1,000 Feet for Ferruginous Hawks; 2,600 feet for Bald Eagles) 

The seasonal stipulation period is intended for all previously known, active, priority raptor nests and 

newly established nests. The seasonal stipulation for some raptor species, such as the merlin, northern 

goshawk, peregrine falcon, and prairie falcon, will extend until August 15. All surface disturbing and 

human disruptive activity is restricted within 1⁄2 mile of an active raptor nest, and activities are restricted 

within 1 mile of active ferruginous hawk nests. The stipulation period can be shortened, however, 

depending on nesting chronology of individual species, nest site location, and topography. Permanent 

surface occupancy is not allowed within 825 feet of an active nest and is not allowed within 1,000 feet of 

an active ferruginous hawk nest. A determination will be made for each raptor nest regarding whether it is 

active or inactive. This determination is usually made through field visits during the appropriate nesting 

season. (The timing will be adjusted for individual species.) An operator or lease holder can complete 

these field surveys if they are coordinated and authorized by the BLM Field Manager in advance. If a nest 

is determined to be active, no exception will be granted unless raptor dependence on the area is no longer 

necessary (usually 2 weeks post-fledging). If a nest is determined to be inactive, or activity is out of the 

line-of-sight of an active nest (with no anticipated impacts), an exception could be granted. 

In this case, active is defined as fresh materials added to the nest, eggs present (or adults displaying egg 

incubation behaviors), or chicks or fledglings present. 

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Inactive is defined as chicks, fledglings, and adults no longer present. (Please note that the status of the 

nest, whether active or inactive, is determined by BLM; and multiple nest surveys may be required to 

determine this status.) 

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