United States Department of Agriculture

Commercial Harvest

of Spruce Tips

Draft Decision Notice and Finding of No 

Significant Impact

Forest Service

Alaska Region

 Tongass National Forest

 Sitka RangerDistrict R10-MB-790b June 2015
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COVER: PICTURE OF BARANOF ISLAND FROM TOTEM PARK TRAIL.
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Introduction

A request for the commercial harvest of spruce tips from National Forest System Lands (NFS) has been 

received by the Sitka Ranger District. Since this request is proposed for public lands, the Tongass 

National Forest will need to authorize and permit this activity. The Forest Service, USDA Department of 

Agriculture is authorized to permit the commercial harvest of special forest products in accordance to 36 

CFR 223.1. The Environmental Assessment (EA) documents the analysis of an action alternative to meet 

this request.

Draft Decision and Reasons for the Decision

Based upon my review of the analysis, comments from the public and the alternatives, it is my intention 

to select Alternative 2, the Proposed Action in its entirety for implementation as the Selected Alternative.

My decision includes permit provisions and monitoring as described below and developed in conjunction 

with public comments received during scoping. My decision also is consistent with the 2008 Tongass 

National Forest Land and Resource Management Plan (Forest Plan) and Forest Service policy. All these

things are important for minimizing effects to resources and people and helping to maintain the resources 

and experiences the public values.

In this decision, I would:

• Authorize the commercial harvest of 2,000 pounds of spruce tips from NFS lands, with the potential 

to incrementally increase harvest limits upon annual review, not exceeding 10,000 pounds annually 

across the Sitka Ranger District.

• Allow the Sitka Ranger District to offer, at its discretion, preferred harvest areas that would not 

exceed 5 contiguous acres. Preferred harvest areas would not be available for commercial harvest 

more than once every three years. 

• Require an annual review of effects on subsistence and personal use.

Rationale

The commercial gathering of spruce tips will not have any adverse effects on the environment, provided 

the gathering protocols described below are followed. Monitoring will occur on an annual basis to 

observe any impacts the gathering may have on spruce trees and subsistence gathering, and to determine 

if any adjustments are needed. 

I determined that the permit provisions listed below are sufficiently conservative to prevent a negative 

effect to subsistence harvesting for spruce tips. Less than one-sixth of any given tree which is at least 10 

feet in height could be harvested from for commercial purposes. The provisions also are in place to ensure 

that spruce tip harvest won’t affect tree growth or survival. In order to collect more tips, the permit holder 

will need to harvest from a broader area, thus maintaining the minimal impact ensured by the permit 

provisions. An initial harvest limit of 2,000 pounds would be in effect until it could be shown that there 

was no effect on subsistence availability or tree survival. Opportunities would be provided to include the 

Sitka Tribe of Alaska on any post-harvest monitoring activities. The maximum allowable commercial 

harvest of spruce tips would be set at 10,000 pounds district wide. The cap was chosen based on the 

ability of the Forest Service to monitor harvesting activity across the district. 

Permit holders would be allowed to authorize individuals or groups to harvest for them. Permit holders 

would be required to provide harvesters with written authorization and a copy of the permit that contains 

special harvesting provisions, and a list of locations where commercial harvesting is not allowed. The 

Forest Service would provide maps of the Sitka Ranger District and the greater Sitka vicinity that show 

where commercial harvest is prohibited. Provisions of the permit will require that each authorized 

harvester document where harvest occurs and how much is harvested. Permits will be collected by the 
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Forest Service from the permit holder at the conclusion of the harvest season for review and monitoring 

(see Monitoring section below). Harvest provisions of the permit include the following permit provisions: 

Permit Provisions

• Permit holders or anyone authorized by the permit holder to harvest spruce tips must have a copy of 

the permit in their possession at all times when harvesting.

• Harvest is allowed between April 1 and June 30.

• Only trees 10 feet in height or greater may be harvested from.

• Only the lower 1/3 of the tree’s branches may be collected from. 

• Only half of the limbs within that lower 1/3 may be collected from. 

• Only harvesting by hand or with hand operated tools is allowed.

• Group size shall be limited to 20 individuals participating in harvest activities. 

• Harvest permits must be returned to the permit holder by June 30.

• Harvest is not allowed within 1⁄4 mile of the Harbor Mountain road in Sitka on National Forest System 

lands.

• Harvest activities shall not take place within 500 feet of Forest Service recreation rental cabins to 

maintain privacy for cabin renters.

• Forest Service mooring buoys are not available to individuals harvesting spruce tips or who are 

engaged in other commercial activities.

• Motorized travel is restricted to open roads and OHV designated trails as shown on the Sitka Ranger 

District Motor Vehicle Use Map (MVUM). 

Land Use Designation (LUDs) areas closed to commercial harvest under this permit would include: 

• Wilderness areas such as the South Baranof Wilderness Area and West Chichagof-Yakobi Wilderness 

Area 

• Wild and Scenic River corridors including the Glacial River that flows into South Arm Kelp Bay on 

northeast Baranof Island, and Kadashan River that flows into Tenakee Inlet

• Special Interest Areas such as the Mount Edgecumbe Geologic Area on Kruzof Island and the Clear 

River watershed on northeast Baranof Island

• Research Natural Areas such as the Kadashan Research Natural Area 

• Developed Recreation Areas, such as the Starrigavin and Harbor Mountain Recreation Areas, the 

Sawmill Creek Campground, and the Sandy Beach recreation area on Halibut Point Road in Sitka. 

Commercial spruce tip harvest may be allowed in these areas only if it is as a by-product of a planned 

development or vegetation management project. 

Spruce tips must be transported to motorized vehicles by hand, and motorized vehicles used to transport 

spruce tips are only allowed on drivable roads or trails according to current motor vehicle use restrictions.

Mechanized harvesting or any ground disturbing harvesting technique is not allowed. Roads, trails, and 

ditches must remain free of debris resulting from harvest activities. 

Monitoring

Forest Service personnel will collect permits and review the locations and amount of harvest from each 

location and verify that harvesting followed provisions of the permit. Monitoring will occur at the end of 

each harvest season as soon as practical after harvesting is completed and near the end of the growing 

season. Any permitted commercial entity will be responsible for documenting and ensuring that the 

permitted harvest from Forest Service lands does not exceed the allowed weight for that year and that all 

provisions of the permit are followed. Positive monitoring results would allow for the incremental 

increase of harvest limits for that permit holder in following years. If harvest in any area is determined to 
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exceed the conditions of the permit that area may be closed to commercial harvest and the permit holder 

may have reduced harvest limits the following year or that permit may be cancelled.

Public Involvement

The proposal was listed in the Schedule of Proposed Actions on January 1, 2015. The Sitka Ranger 

District mailed or emailed scoping letters to 79 individuals, businesses, tribal governments, tribal 

corporations, and local and state governments. Tribal governments and organizations were mailed scoping 

letters on December 11, 2014. Public and local governments were mailed scoping letters on Jan 2, 2015. 

Personnel from the Sitka Ranger District also updated the Sitka Tribe of Alaska at their monthly 

meetings, and met with the Kayaani Commission to describe the project on January 16, 2015. 

Two comments were received during the scoping process:

One comment was received by the Sitka Tribe of Alaska expressing concern over the amount of spruce 

tips that could be authorized for commercial harvest and concern over the commercial use of raw 

products. They suggested a maximum commercial harvest of 3,000 pounds, with a joint review after the 

first annual monitoring. Permit provisions were established to mitigate the effect of spruce tip removal on 

all trees available to subsistence users in the community. Opportunities will be provided for jointly 

reviewing the monitoring trips and results. 

Another comment was received by the general public expressing support for the harvest of renewable 

resources, and concern about a Sealaska heritage site that may be within the locations allowed under the 

permit. It was determined that the property was not National Forest System land and therefore 

commercial harvest would not be authorized for that location.

One comment was received during the 30 day comment period from the Kayaani Commission. The 

Commission expressed concern that the harvesting cap was chosen based on the amount of spruce tips the 

requestor wanted, and asked a question on how increment increases of harvest limits will be issued to 

permit holders. The harvesting cap was chosen based on the monitoring capacity the Sitka Ranger District 

could do with the personnel they have, and on what the requestor was interested in. Permitted gatherers 

will start at a total 2,000 lbs. limit, with the potential for future increase up to 10,000 lbs. Also, because 

the permits are annually renewed, it would be by request when the permit holder indicates they would like

more spruce tips. The monitoring results will be used to determine whether or not the impacts are

determined significant and whether or not an increase up to 10,000 lbs., can be permitted.

Finding of No Significant Impact

I have reviewed the environmental effects of the commercial harvest of spruce tips disclosed in the EA. I 

have also evaluated whether the proposed action constitutes a significant impact on the quality of the 

human environment or whether the environmental impacts would be significant based on their context 

and intensity as defined by the National Environmental Policy Act (NEPA) using the following criteria in 

the implementing regulations (40 CFR 1508.27). 

Context is the geographic, social, and environmental setting and timeframe within which the project may 

have effects. Intensity is a measure of the severity, extent, or quantity of effects, and is based on 

information from the effects analysis of this EA and the references in the project record. The effects of 

this project have been appropriately and thoroughly considered with an analysis that is responsive to 

concerns and issues raised by the public. The agency has taken a hard look at the environmental effects 

using relevant scientific information, GIS analysis, and knowledge of site-specific conditions gained from 

field visits. 
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Context

Commercial spruce tip harvesting activities would be allowed across the Sitka Ranger District on lands 

not otherwise closed to commercial special forest product harvesting. It is expected that most harvest will 

occur in young-growth timber stands accessible by roads or trails. This project proposes to harvest a 

minimal number of spruce tips—from only the bottom third of each tree—on a very limited number of 

trees. Baranof Island is plentiful with spruce trees, and a gathering of 2,000 to 10,000 lbs., following 

proper permit regulations and monitoring, will only affect a very small number of trees, within a small 

area of the overall District. Gathering for the initial 2,000 lb. limit will occur over one year, after which 

monitoring will determine if higher limits can be allowed, or if lower limits are warranted. Please refer to 

Monitoring and Permit Provisions for additional stipulations.

Intensity

The intensity of effects was considered in terms of the following:

1. Impacts may be both beneficial and adverse. A significant effect may exist even if the Federal 

agency believes that, on balance, the effect will be beneficial. Consideration of the intensity of 

environmental effects is not biased by beneficial effects of the action. (See EA, pages 3-4)

2. The degree to which the proposed actions affects public safety or health. Gathering of spruce tips 

should not result in any impacts to public safety or health. The activities should be taking place in 

locations near road or trail systems, and motorized vehicles used to transport spruce tips should only

be allowed on drivable roads or trails according to current motor vehicle use restrictions. Roads, 

trails, and ditches should remain free of debris resulting from harvest activities. (See EA, page 2)

3. Unique characteristics of the geographic area such as proximity to historic or cultural 

resources, park lands, prime farmlands, wetlands, wild and scenic rivers, or ecologically critical 

areas. There will be no significant effects on unique characteristics of the area because permit 

provisions will protect or mitigate effects to historical or cultural resources, park lands, wetlands, wild 

and scenic rivers, or ecologically critical areas. No prime farmland exists within the geographical 

area. (See EA, pages 2-4)

4. The degree to which the action may establish a precedent for future actions with significant 

effects, or represents a decision in principle about a future consideration. The gathering of spruce 

tips is not likely to establish a precedent for future actions with significant effects, and is consistent 

with the 2008 Forest Plan. Any future similar actions on the Forest would go through additional 

NEPA analysis, including authorizing the gathering amount over 10,000 lbs. Also, preferred 

harvest areas would not be available for harvest more than once every three years. (See EA, page 1)

5. The degree to which the possible effects on the human environment are highly uncertain or 

involve unique or known risks. The analysis shows the effects are not uncertain, and do not involve 

unique or unknown risk. (See EA, pages 3-4)

6. Whether the action is related to other actions with individually insignificant but cumulatively 

significant impacts. The areas identified for spruce tip gathering are off the Sitka road system and 

would not be allowed in any Land Use Designation (LUDs) that prohibit collection. Those prohibited 

LUDs include Wilderness Areas, Wild, Scenic & Recreational River corridors, Special Interest Areas, 

Research Natural Areas. Developed recreation areas are excluded from collection as well. The 

incremental effect of the project, coupled with other past, present or reasonably foreseeable projects 

indicate that the cumulative impacts are not significant. (See EA, page 2)

7. The degree to which the action may adversely affect districts, sites, highways, structures, or 

objects listed, or eligible for listing, in the National Register of Historic Places or may cause loss 

or destruction of significant scientific, cultural, or historical resources. No historic properties will 

be affected by the collection of spruce tips. (See EA, page 3)
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8. The degree to which the action may adversely affect an endangered or threatened species or 

habitat that has been determined to be critical under the Endangered Species Act of 1973. A 

biological evaluation was completed for this project, which concluded that there are no direct, indirect 

or cumulative effects on endangered or threatened species or its habitat. (See EA, pages 3-4)

9. Whether the action threatens to violate Federal, State, or local law or requirements imposed for 

the protection of the environment. Applicable laws and regulations were considered and the action 

is consistent with the Tongass Land and Resource Management Plan. (See EA, page 5)

10. The degree to which the effects on the quality of the human environment are likely to be highly 

controversial. The effects on the quality of the human environment are not likely to be highly 

controversial, because there is no known scientific controversy over the impacts of the project.

After considering the effects of the actions analyzed, in terms of context and intensity, I have determined 

that these actions will not have a significant effect on the quality of the human or natural environment. 

Therefore, an environmental impact statement will not be prepared.

Compliance with Other Laws and Regulations

ANILCA Section 810, Subsistence Evaluation and Finding - The effects of this project have 

been evaluated to determine potential effects on subsistence opportunities and resources. Spruce tips are 

known to be important to subsistence and personal uses and the Forest Service recognizes that those uses 

must be met before commercial harvest can occur. Based on permit requirements for this project the 

availability of spruce tips for subsistence or personal use will not be affected. 

National Historic Preservation Act of 1966 - The Forest Service program for compliance with the 

National Historic Preservation Act includes locating, inventorying and nominating all cultural sites that 

may be directly or indirectly affected by scheduled activities. This activity has been determined to have 

no potential to effect historic properties. 

Executive Order 13007 - This order directs federal agencies to accommodate access to and ceremonial 

use of American Indian sacred sites by Indian religious practitioners and to avoid adversely affecting the 

physical integrity of such sacred sites. The proposed action will not limit access to or ceremonial use of 

sacred sites by Indian religious practitioners and will not adversely affect the integrity of such sites.

E.O. 13175 (Consultation and Coordination with Indian Tribal Governments) – The 

following federally recognized tribal governments and organizations were contacted via the scoping 

letter. In addition, Sitka Ranger District personnel collaborated with the Sitka Tribe of Alaska and the 

Kayaani Commission numerous times regarding this project prior to and during the NEPA process 

through coordination meetings and semiannual consultation meetings.

• Sitka Tribe of Alaska

• Angoon Community Association

• Organized Village of Kake

• Central Council Tlingit and Haida

Administrative Review and Objection Rights

This decision is subject to administrative review (objection) pursuant to 36 CFR Part 218. Individuals

who submitted specific, written comments during the 30-day comment period or the January 2015

scoping period will have standing to participate in the predecisional review and objection process.

After this draft decision and EA are made available to the public, a legal notice announcing the

objection period for this project will be published in the Daily Sitka Sentinel, the newspaper of record

for decisions made by the Sitka District Ranger. The publication date in the Daily Sitka Sentinel is the

exclusive means for calculating the time to file an objection of this project. Those wishing to object to
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this proposed project should not rely upon dates or timeframe information provided by any other

source.

Objections will be accepted only from those who have previously submitted specific written comments

regarding the proposed project during scoping or other designated opportunity for public comment in 

accordance with 36 CFR 218.5(a). Issues raised in objections must be based on previously submitted

timely, specific written comments regarding the proposed project unless based on new information

arising after designated comment opportunities. Individual members of organizations must have

submitted their own comments to meet the requirements of eligibility as an individual.

Objections received on behalf of an organization are considered as those of the organization only. If an

objection is submitted on behalf of a number of individuals or organizations, each individual or

organization listed must meet the eligibility requirement (36 CFR 218.7). Names and addresses of

objectors will become part of the public record.

The objection must be in writing and meet the content requirements at 36 CFR 218.8(d). Written

objections, including any attachments, must be filed (regular mail, fax, email, hand-delivery, or

express delivery) with the Reviewing Officer, Earl Stewart, Forest Supervisor, within 45 days

following the publication date of the legal notice in the S. Incorporation of documents by reference

in any objection is permitted only as provided for at 36 CFR 218.8(b).

Objections may be sent to:

Earl Stewart, Reviewing Officer

US Forest Service

Tongass National Forest

648 Mission Street, Federal Building

Ketchikan, AK 99901-6591

Fax: (907) 228-6215

Email: objections-alaska-tongass@fs.fed.us

The office business hours for those submitting hand-delivered objections are: 8:00 AM to 4:30 PM

Monday through Friday, excluding holidays. Electronic objections must be submitted in a format such

as an email message, pdf, plain text (.txt), rich text format (.rtf), and Word (.doc or .docx). It is the

responsibility of Objectors to ensure their objection is received in a timely manner (36 CFR 218.9).

Implementation

The regulations at 36 CFR 218 now provide for a pre-decision administrative review rather than a postdecision appeal process. At this time, I am releasing a DRAFT decision and will publish a legal notice 

initiating a 45-day objection period in the Daily Sitka Sentinel. At that point, members of the public may 

file an objection seeking a pre-decisional administrative review of the proposed project and activities. If 

an objection is filed, a review process begins.

Pursuant to 36 CFR 218.12, I may not sign the Decision Notice until the Reviewing Officer has 

responded in writing to all pending objections. Based on the discussions and findings in that review, I will 

issue a final decision. My decision will be consistent with the final review on the project. It is important 

to note that the project may be implemented after my final decision. No appeal period will be provided 

after the final decision is made.

If no objections are received, I may sign the decision notice five (5) business days after the close of the 

objection filing period. Implementation may begin immediately after the decision notice is signed.

For further information concerning the Commercial Harvest of Spruce Tips Project, contact:

Thomas Witherspoon, Project Team Leader
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Sitka Ranger District, Tongass National Forest

204 Siginaka Way, Sitka, AK 99835

907-747-4213

tjwitherspoon@fs.fed.us