Order No. 09-21-13-13 Cave Closure Order

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