Monongahela National Forest Cave Closure Extended Indefinitely

[David A. Riggs]

All,

It is no surprise that I'm reporting a renewed closure order for caves
on the Monongahela National Forest. What is surprising, however, is
that the new closure order, No. 09-21-13-13, has no expiration date.
It applies indefinitely, until a longterm management decision is made,
or until "new information regarding WNS" makes them change their mind.
This is not the progress I was hoping for as far as my having personal
involvement in the development of a management policy for the MNF. I
have already requested a copy of the Categorical Exclusion document.

Closure Order No. 09-21-13-13 (Dated June 27, 2013)

http://www.fs.usda.gov/detail/mnf/alerts-notices/?cid=stelprdb5426017

- DR


ORDER NO. 09-21-13-13

CLOSURE ORDER OF THE FOREST SUPERVISOR
RESTRICTING OCCUPANCY AND USE, TO WIT:
CAVES LOCATED IN THE
MONONGAHELA NATIONAL FOREST, WEST VIRGINIA

Under the authority of the Act of Congress dated June 4, 1897, as
amended (16 U.S.C. 551), and pursuant to the Secretary of
Agriculture’s Regulations set forth as 36 CFR Part 261, Subpart B (36
CFR 261.50(a) and (b)), the following acts and omissions are
prohibited on the Monongahela National Forest lands located in
Barbour, Grant, Greenbrier, Nicholas, Pendleton, Pocahontas, Preston,
Randolph, Tucker, and Webster Counties, West Virginia. Said areas
being described and designated as shown on the map set forth as
Exhibit A, which is attached and made a part hereto:

Entering or being in or using any cave on National Forest System lands
within the Monongahela National Forest, unless the cave is
specifically posted open. 36 CFR 261.53 (a), (b), and (d).

THESE RESTRICTIONS ARE NECESSARY TO PROTECT ENDANGERED, THREATENED,
AND SENSITIVE BAT SPECIES. THEY ARE IN ADDITION TO THE GENERAL
PROHIBITIONS SET FORTH IN 36 CFR PART 261. THIS ORDER WILL REMAIN IN
PLACE UNTIL THE DEVELOPMENT OF A CAVE MANAGEMENT PLAN OR RECEIPT OF
NEW INFORMATION REGARDING WHITE NOSE SYNDROME WHICH WOULD INFORM AND
PURSUADE THE RESCINDING OF THIS CLOSURE.


The need for this closure is documented in the Categorical Exclusion
Letter to the File signed on this same day.

Pursuant to the provisions of 36 CFR 261.50(e), the following persons
are exempt from this order:

1. Persons with permit specifically authorizing the otherwise
prohibited act or omission (36 CFR 261.50(e)(1)); and,

2. Any Federal, State, or local officer, or member of any organized
rescue or fire fighting force in the performance of an official duty
(36 CFR 261.50(e)(4).

Violation of these prohibitions is punishable by a fine of not more
than $5000.00 for an individual or $10,000.00 for an organization, or
imprisonment for not more than six (6) months, or both (16 U.S.C., 18
U.S.C. 3559 and 3571).

Dated this 27th day of June, 2013, at Elkins, West Virginia.


/s/ Clyde N. Thompson
Clyde N. Thompson
Forest Supervisor
Monongahela
National Forest



--
David A. Riggs <david....@gmail.com>

[David A. Riggs]

On Thu, Jun 27, 2013 at 6:41 PM, David A. Riggs <david....@gmail.com> wrote:
>
> It is no surprise that I'm reporting a renewed closure order for caves
> on the Monongahela National Forest. What is surprising, however, is
> that the new closure order, No. 09-21-13-13, has no expiration date.
> It applies indefinitely, until a longterm management decision is made,
> or until "new information regarding WNS" makes them change their mind.
> This is not the progress I was hoping for as far as my having personal
> involvement in the development of a management policy for the MNF. I
> have already requested a copy of the Categorical Exclusion document.
>
> Closure Order No. 09-21-13-13 (Dated June 27, 2013)
>
> http://www.fs.usda.gov/detail/mnf/alerts-notices/?cid=stelprdb5426017

All,

The Forest Service has provided me with a copy of the "Categorical
Exclusion for Forest-wide Cave Closure" document that justifies
Closure Order No. 09-21-13-13. I have attached it to this email; for
email lists which don't allow attachments, I've also mirrored a copy
of the document at the following URL:

http://speleo.us/~driggs/MNF_CategoricalExclusionCaveClosure_2013.pdf

The most notable change in the 2013 Categorical Exclusion is the verbiage:

" We have begun the [cave management] plan development process and we
expect to complete it within 1 - 3 years. I [Forest Supervisor Clyde
Thompson] want to have this plan in place or have accepted scientific
direction on cave management for bats before I make any future
decisions on cave openings. Therefore, I am closing caves with this
order until the development of a cave management plan or receipt of
new information regarding WNS which would inform and persuade the
rescinding of the Closure. "

Also of note is that this new document retains the previous verbiage
about exemption from documenting consequencies with an environmental
impact statement or environmental assesment because it is a
"short-term protection to federally listed bat species"; this despite
the fact that the "short-term" closure has no defined expiration date.

Comments to the Forest Service may be directed to Kate Arling
<kgoodri...@fs.fed.us>, staff officer for public affairs, and to
Forest Supervisor Clyde Thompson <cntho...@fs.fed.us>.

- DR