Categorical Exclusion for Notching Beaver Dams to improve access to Arctic Grayling spawning habitat FWP-DN-FSH-R3-24-023

Apr 23, 2024 2:41 PM

With this action FWP is continuing its historic practice of notching existing, affected beaver dams in Upper Red Rock Creek (URRC), including within the Upper Red Rock Lakes (URRL) National Wildlife Refuge, to improve habitat and thereby facilitate successful Arctic grayling spawning.

FWP’s interest and jurisdiction are specifically tied to the grayling population which lives in URRL and spawns in URRC. More specifically, with this action FWP will create and re-establish adequate habitat for the affected grayling population to facilitate successful spawning in URRC using the following strategies and applicable authority:

Notching existing, affected beaver dams to allow fish passage from URRL. ARM 12.2.454(1)(b).
Creating, re-establishing spawning habitat. ARM 12.2.454(1)(f).
Continuing historical FWP actions for this purpose. ARM 12.2.454(1)(h).

Therefore, the project meets the criteria for a categorical exclusion pursuant to ARM 12.2.454(1). Further, pursuant to ARM 12.2.454(2)(a), (b), and (e), the project meets the following criteria:

The project does not result in significant impacts to the URRL NWR. ARM 12.2.454(2)(a).
The project does not require a short-term water authorization pursuant to § 75-5-308, Montana Code Annotated. ARM 12.2.454(2)(b).
No significant or substantial controversy regarding the proposed action would be expected. ARM 12.2.454(2)(e).

Therefore, because the project does not involve any exceptional circumstances identified by ARM 12.2.454(2), the project does not individually, collectively, or cumulatively require MEPA review.

DECISION

Pursuant to the applicable requirements of MEPA, and its implementing rules at ARM 12.2.454, Actions that Qualify for a Categorical Exclusion, the action is categorically excluded from environmental review.

With this DN, FWP hereby approves the proposed action.