APPENDIX 4

APPENDIX 4

PROCEDURES FOR PROCESSING APPLICATIONS IN

AREAS OF SEASONAL RESTRICTION

Upon receipt of an application, the project location is 

reviewed against the Green River RMP to determine conformance with the plan and to identify existing resource concerns. 

Gather existing NEPA documents relevant to the proposal and 

determine if they are adequate. If existing documents are 

adequate, prepare an Administrative Determination (AD) 

including mitigation (see Wyoming Instruction Memorandum WY-90-346). If documents are deficient or nonexistent, 

prepare NEPA documentation as needed using appropriate 

format (see BLM NEPA Handbook, H-1790-1). 

Issue a decision on the application consistent with NEPA 

documentation as appropriate. 

NOTE: In seasonally crucial wildlife habitat, an approved 

APD will generally include a seasonal Condition of Approval 

(COA) because (1) the APD is valid for one year from date of 

issuance and BLM does not control the start-up date for 

project activity; and (2) field conditions during the crucial 

period cannot be predicted at the time of APD approval. 

If a seasonally restrictive COA is needed because a lease 

contains no such stipulation, the decision whether to impose 

the restriction must also consider the reasonableness of the 

restriction relative to the operator’s ability to exercise the 

benefits of the lease (43 CFR 3101.1-2). The need for a COA 

must be documented in a site specific EA or EIS, if necessary. 

This analysis must provide clear and convincing evidence 

showing undue and unnecessary degradation would result if 

the COA were not applied. 

PROCEDURES FOR HANDLING 

REQUESTS FOR EXCEPTION 

FROM SEASONAL 

STIPULATIONS AND/OR 

CONDITIONS OF APPROVAL 

A request for exception must be initiated in writing by the 

operator. When requested concurrently with an application 

(typical for situations involving lease stipulations), the exception is considered as part of the project proposal in RMP and 

NEPA compliance review. For separate requests, the request 

is considered as a unique action and is analyzed and documented individually for RMP and NEPA compliance. In both 

cases, processing includes coordination with Wyoming Game 

and Fish Department (WGFD) for seasonal wildlife-based 

lease stipulations or permit COAs. 

The unpredictability of weather, animal movement and 

condition, etc., preclude analysis of requests related to wildlife far in advance of the time periods in question. Analyses 

of requests include review of potential mitigation measures 

and alternatives (traffic restrictions, alternative scheduling, 

staged activity, etc.). These procedures will be utilized for any 

request for exception for a surface disturbing or disruptive 

activity. 

The final determination for granting an exception to wildlife stipulations will be a decision by the BLM after consultation with the Wyoming Game and Fish Department. 

CRITERIA FOR CONSIDERING 

EXCEPTIONS TO SEASONAL 

RESTRICTED ACTIVITY 

Presently, land use activities within the Green River Resource Area may be authorized with a seasonal restriction(s), 

“no surface occupancy” or a distance restriction for sensitive 

and crucial habitats. Stipulations were developed to provide 

protection of natural resources. Protective wildlife seasonal 

stipulations are developed consistent with statewide dates. 

For example, big game crucial winter ranges are protected 

from November 15 through April 30. This restriction is not 

intended to close an area to development but is in place to 

protect big game if weather or other habitat needs dictate that 

it is necessary. 

Over the past few years the public has received the impression that crucial winter ranges are off limits to any activity. 

This is true only when conditions dictate. The BLM can and 

does grant exceptions to seasonal restrictions if the wildlife 

biologist, in consultation with the Wyoming Game and Fish 

Department, feels that granting an exception will not jeopardize the population being protected. Wildlife biologists use a 

set of criteria when considering a request for an exception. 

Professional judgement plays a key part in the Bureau’s 

biologist’s recommendation to the Field Manager to grant or 

not grant exception(s). There is no clear cut formula. 

Approximately 60 percent of the federal land acres (349,250 

acres) in the planning area have no wildlife restrictions. 

Following are some of the factors considered by the wildlife 

biologist to determine if a request for exception should be 

granted. 

Big Game Winter Ranges 

The criteria used for crucial big game winter range are 

those areas available, relatively intact, and winter most of the 

population at its objective in adequate body condition, eight or 

more years out of ten. The most crucial time period for these 

animals is usually from January 1 through March 15, and this 

time period is when the stipulation dates are generally enforced. However, the remaining time frames of the standard 

statewide stipulation allows the authorizing officer the option 

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to enforce a longer seasonal restriction if winter conditions 

warrant. 

A. General Considerations Regarding a 

Request for Exception 

- Are the factors leading to the inclusion of the wildlife 

seasonal restriction still valid? 

- Is the request for an exception from a lease stipulation or is 

it for relief from a condition of approval on an application? 

- What are the dates for the proposed exception/relief? 

B. Criteria to Consider for Granting Exceptions on Winter Ranges: 

1. Animal presence or absence 

2. Animal condition 

3. Weather severity 

- snow conditions (depth, crusting, longevity) 

- seasonal weather patterns 

- wind chill factors (indication of animals energy 

use) 

- air temperatures & variation 

- duration of condition 

- forecasts - long range for duration of winter 

4. Habitat Condition and Availability. 

- animal density, high or low 

- forage condition, good or poor 

- competition — livestock/other wildlife 

- forage availability 

- amount of forage 

- snow depth 

- has livestock use decreased available winter forage 

- is suitable and ample forage immediately available and accessible nearby that is not being used 

5. Site Location 

- likelihood of animals habituating to activity 

- presence of thermal cover, wind cover, etc. 

- what proportion of winter range is affected 

- where is the site located within the winter range 

- is there other activity in the area and is it likely to 

increase the cumulative adverse impact 

6. Timing 

- early in winter season 

- nearing end of winter season 

- what kind of and length of disruptive activity is 

expected 

- how much of the winter is remaining when activity is likely to occur 

General Considerations for Granting 

Exceptions to Stipulations 

Elk 

- Short-term exceptions are more likely to be considered 

early (November 15 -December 1) and late (April 1 -

April 30) in the winter season, depending on weather 

conditions and animal occupancy. Exceptions would not 

be granted if requested from December 1 - March 1 unless 

unusually mild winter conditions prevail. Exceptions in 

elk calving areas (May 1 - June 30) dates will not be 

granted due to elk sensitivity to disturbance. Displacement in open habitats is much greater than woodlots or 

forests, hence restricted areas will encompass larger 

areas in open habitat. 

Moose 

- Exceptions will depend on weather conditions and presence of animals. 

- Moose habitat is given protection through riparian and 

stream buffer zone stipulations (500 feet from live water 

and riparian habitats). 

Antelope 

- Exceptions will generally be granted except where physical barriers (i.e., highways, fences, rivers, canyons, etc.) 

limit animals ability to move into other suitable habitats. 

In the case of developing oil and gas fields with proposed 

intensive or disruptive disturbances, BLM and WGFD 

coordination will be required to assure that cumulative 

disturbance and/or range competition with other big 

game and livestock will not affect herd unit objectives. 

Exceptions to restrictions will be closely watched during 

severe winters when antelope movement is restricted. 

Deer 

- Short-term exceptions may be granted early (November 

15 - December 1) and late (April 1 - April 30) depending 

on weather conditions and animal occupancy, using the 

previously discussed criteria. Exceptions can be granted 

for north slopes, deep snow areas or other habitats within 

crucial ranges which preclude use by wintering deer and 

in which access roads are determined to have little adverse impact. 

Raptors 

- The “no surface occupancy” stipulation of February 1 to 

July 31 for raptor nests can be shortened, depending on 

nesting chronology of individual species, nest site location, and topography. Inactive nests can be excepted, as 

may certain types of short-term, minor disruption land 

use activities which are not anticipated to affect nesting 

success. 

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Sage Grouse 

A “controlled surface use” stipulation will be applied to a 

1/4 mile radius of active sage grouse strutting grounds to 

include no aboveground facilities (power lines, storage tanks, 

fences, etc.). Linear disturbances such as low-traffic roads, 

pipelines, seismic activity, etc., could be granted exceptions. 

A “controlled surface use” stipulation will be applied from 

February 1 through May 15, within 1/4 mile radius of active 

strutting grounds from 6 p.m. to 9 a.m. daily. The actual 

timing of this stipulation can be modified by weather conditions such as fog and cloudy conditions, or clear, bright 

moonlit nights. Seasonal restrictions would be applied through 

July 31, within an additional 1.75-mile radius from leks to 

protect sage grouse nesting habitat. Areas within that radius 

not used for nesting can be excepted, provided actual nesting 

areas are not affected. 

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