Minidoka National Wildlife Refuge Draft Elk Hunting Plan

June 2019

U.S. Fish and Wildlife Service

Minidoka National Wildlife Refuge 961 E Minidoka Dam Road Rupert, ID 83350

Submitted By: Project Leader

______Signature Date

Concurrence:

Refuge Supervisor

______Signature Date

Approved:

Regional Chief, National Wildlife Refuge System ______Signature Date Minidoka NWR Draft Elk Hunting Plan Page 2 Table of Contents I. Introduction……………………………...………………………………….. 5

II. Statement of Objectives…………………..………………………………………7

III. Description of Hunting Program………………………………………………...7

A. Areas to be Opened to Hunting…………………………………7

B. Species to be Taken, Hunting Periods, Hunting Access………...9

C. Hunter Permit Requirements ……………………………………9

D. Consultation and Coordination with the State………………..10

E. Law Enforcement……………………………………………..10

F. Funding and Staffing Requirements ………………………….10

IV. Conduct of the Hunt Program….…………………………………………… 11

A. Hunter Permit Application, Selection, and/or Registration Procedures.…………………………………….. ………………11

B. Refuge-Specific Regulations ……………………………………11

C. Relevant State Regulations ………………………………………11

D. Other Rules and Regulations for Hunters………………………12

V. Public Engagement

A. Outreach Plan for Announcing and Publicizing the Hunt………13

B. Anticipated Public Reaction to the Hunting Program …………13

C. How the Public Will be Informed of Relevant Rules and Regulations…………13

Minidoka NWR Draft Elk Hunting Plan Page 3 VI. Compatibility Determination…………………………………………………14

Appendix A, Minidoka National Wildlife Refuge, Environmental Assessment for the Proposed Archery Hunts on the East Hunt Unit...………………………15

Appendix B, Draft Compatibility Determination for Big Game Hunting on Minidoka NWR...…………………………………………………………….48

List of Maps

Map A. Minidoka National Wildlife Refuge, Elk Hunting – East Hunt Unit………………………………………………………………………8

Minidoka NWR Draft Elk Hunting Plan Page 4 MINDOKA NATIONAL WILDLIFE REFUGE DRAFT ELK HUNTING PLAN

I. Introduction

National wildlife refuges are guided by the mission and goals of the National Wildlife Refuge System (NWRS), the purposes of an individual refuge, U.S. Fish and Wildlife Service (Service) policy, and laws and international treaties. Relevant guidance includes the National Wildlife Refuge System Administration Act of 1966, as amended by the National Wildlife Refuge System Improvement Act of 1997, Refuge Recreation Act of 1962, and selected portions of the Code of Federal Regulations and Fish and Wildlife Service Manual.

Minidoka National Wildlife Refuge (NWR, Refuge) was established in 1909 by President Theodore Roosevelt under Executive Order (E.O.) 1032. The Refuge was then modified by four subsequent E.O.s by President William H. Taft (E.O. 1486) on February 21, 1912; by President Herbert Hoover (E.O. 5375) on June 23, 1930; and President Franklin D. Roosevelt (E.O. 7417) on July 17, 1936. E.O. 7417 supersedes, through revocation, the three previous E.O.s. In 1940, President Franklin D. Roosevelt signed his second E.O. for Minidoka, E.O. 8600, changing the name of the Refuge from “Minidoka Wildlife Refuge” to “Minidoka National Wildlife Refuge” and adding 360 acres (withdrawn for reclamation purposes) to the Refuge boundary. The Refuge boundary has not been expanded since President Franklin D. Roosevelt issued E.O. 8600. The Refuge purpose is derived from Executive Order 7417: “. . .as a refuge and breeding ground for birds and other wildlife” (E.O. 7417 – Franklin D. Roosevelt, July 17, 1936). Minidoka NWR is located on the Snake River Plain in south-central Idaho, 12 miles northeast of Rupert in Minidoka, Blaine, Cassia, and Power Counties. The primary feature of the Refuge is Lake Walcott, the reservoir formed by the construction of the Minidoka Dam in 1906. The Refuge includes 80 miles of shoreline around Lake Walcott, from Minidoka Dam upstream about 25 miles. The Refuge encompasses a total of 20,752 acres. Most of the Refuge (17, 923 acres) represents a secondary withdrawal encompassing Lake Walcott and surrounding lands. The primary withdrawal is controlled by the U.S. Bureau of Reclamation (BOR) and managed primarily for irrigation purposes (Minidoka Project). The Minidoka Dam, power plant, irrigation canals, and Lake Walcott water levels are all managed by BOR. Service management of public use on overlay Refuge lands, where the Service has secondary jurisdiction, is governed by a Cooperative Agreement with BOR (1964, amended 1976). Minidoka NWR is one of a handful of refuges with a state park on Refuge-controlled lands: Lake Walcott State Park. The park (originally “Walcott Park”) was managed by the BOR for much of its history. In 1996 the Idaho Legislature authorized the Idaho Park Board to enter into an agreement with the BOR for the operation of recreational facilities at Lake Walcott, which became known as Lake Walcott State Park. The park provides the public with picnic, camping, and boat launch facilities.

Minidoka NWR Draft Elk Hunting Plan Page 5 About half of the Refuge (11,300 acres) are the open waters of Lake Walcott, the Snake River, and some small marsh areas. Uplands surrounding the lake are primarily sagebrush-steppe (approximately 3,500 acres) and grasslands (approximately 5,900 acres). The Refuge is surrounded primarily by Bureau of Land Management (BLM) lands; however, in certain areas, including the Refuge’s East Hunt Unit, private lands lie adjacent to the Refuge boundary.

Areas of high quality submergent aquatic vegetation (SAV) occur in the sanctuary area on the eastern side of the Refuge, which is closed to boating. This is a locally important molting area for geese and ducks. Tens of thousands ducks and geese use this portion of the Refuge as a safe haven during this flightless period (early July through September). Historically, peak populations of 100,000 molting waterfowl have been recorded, but recent highs have been about half that number. The SAV beds are important nesting sites for western and Clark’s grebes, one of only three nesting sites for both species in Idaho. Several islands on the Refuge provide habitat for colonial nesting birds, including gulls, black-crowned night-herons, egrets, and one of only two nesting colonies of American white pelicans in the state of Idaho.

The mission of the NWRS, as outlined by the National Wildlife Refuge System Administration Act (NWRSAA), as amended by the National Wildlife Refuge System Improvement Act (16 U.S.C. 668dd et seq.), is to:

“... to administer a national network of lands and waters for the conservation, management and, where appropriate, restoration of the fish, wildlife, and plant resources and their habitats within the United States for the benefit of present and future generations of Americans.”

The NWRSAA mandates the Secretary of the Interior in administering the System to (16 U.S.C. 668dd(a)(4): ● Provide for the conservation of fish, wildlife, and plants, and their habitats within the NWRS; ● Ensure that the biological integrity, diversity, and environmental health of the NWRS are maintained for the benefit of present and future generations of Americans; ● Ensure that the mission of the NWRS described at 16 U.S.C. 668dd(a)(2) and the purposes of each refuge are carried out; ● Ensure effective coordination, interaction, and cooperation with owners of land adjoining refuges and the fish and wildlife agency of the states in which the units of the NWRS are located; ● Assist in the maintenance of adequate water quantity and water quality to fulfill the mission of the NWRS and the purposes of each refuge; ● Recognize, compatible wildlife-dependent, recreational uses as the priority general public uses of the NWRS through which the American public can develop an appreciation for fish and wildlife; ● Ensure that opportunities are provided within the NWRS for compatible wildlife- dependent recreational uses; and ● Monitor the status and trends of fish, wildlife, and plants in each refuge.

Minidoka NWR Draft Elk Hunting Plan Page 6 Therefore, it is a priority of the Service to provide for wildlife-dependent recreation opportunities, including hunting and fishing, when those opportunities are compatible with the purposes for which the refuge was established and the mission of the National Wildlife Refuge System.

The Refuge was opened to waterfowl and upland game bird (pheasant and partridge) hunting in 1965. The Refuge currently has two designated hunting areas: one on the south side of Lake Walcott and one on the eastern end of the Refuge around Tule Island. These areas are currently open to the hunting of migratory birds (duck, goose, coot, and snipe) and upland game (pheasant, partridge, and cottontail rabbit) in accordance with state seasons and regulations. Hunting of upland game may occur on the Refuge only if the Idaho season for those species is open concurrently with the waterfowl season. The Refuge is currently closed to all hunting once the Idaho waterfowl season is closed. We propose opening a portion of the Refuge’s East Hunt Unit, which is currently open to migratory bird and upland game hunting, to big game (elk) hunting.

II. Statement of Objectives

The objectives of an elk hunting program on Minidoka NWR are:

 To provide compatible wildlife-dependent recreational opportunities as mandated by and according to Service law and policy.  To provide additional hunting opportunities and greater alignment with the state as mandated by Secretarial Orders Number 3347 and 3356.  To provide the state with a strategy to maintain elk numbers at levels which limit agricultural damage yet provide a desirable hunting opportunity and experience.

III. Description of Hunting Program

A. Areas to be Opened to Hunting

Elk hunting would occur on the mainland portion of the Refuge’s East Hunt Unit (lands lying to the south of the Snake River). The East Hunt Unit comprises approximately 1,094 acres that includes the north and south banks of the Snake River, approximately 2.25 river miles of the Snake River/Lake Walcott, and Tule Island. The mainland portion of the unit south of the Snake River, where elk hunting would be allowed, is 300 acres. The unit is bounded by the east, north, and south boundaries of the Refuge, extends approximately 2.25 miles west from the Refuge’s eastern boundary. The unit contains sagebrush-steppe, juniper woodland, riparian habitat, emergent wetland, and open water habitat. See attached Map:

● Map A – Minidoka NWR, Elk Hunting - East Hunt Unit

Minidoka NWR Draft Elk Hunting Plan Page 7 Minidoka NWR Draft Elk Hunting Plan Page 8 B. Species to be Taken, Hunting periods, Hunting Access

BIG GAME HUNTING: Elk hunting would occur on a portion of the Refuge’s East Hunt Unit as prescribed by Idaho Fish and Game (IDFG). The elk hunt will occur during the Idaho general A tag (archery) season for Unit 68 in the Big Desert Zone. Currently, the archery hunt for either sex is from August 1 through September 30, although IDFG may changes those dates in the future. In 2018 the season was as follows:

Elk hunting opportunities in GMU 68 under the Elk General A Tag Season (2018) Open Close Sex/Antler 8/1/18 8/30/18 Either-sex 8/30/18 9/30/18 Either-sex *Within 1 mile of cultivated fields only

(For more information see https://idfg.idaho.gov/ifwis/huntplanner/tag/?id=11443)

The hunt would occur only in the mainland portion of the East Hunt Unit that is south of the Snake River (300 acres). Since all of the East Hunt Unit lies within 1 mile of cultivated fields on private lands, the entire elk hunting area would be open to hunting from August 1 through August 30 and August 30 – Sept 30. The East Hunt Unit lies within the area of the Refuge that is closed to boating during the proposed elk hunts; therefore, elk hunters would not be allowed to use boats to access Tule Island or either shore of the river. Tule Island would remain closed to elk hunting.

Elk hunters may enter the East Hunt Unit from one and one-half hours before legal hunting time to one and one-half hours after legal hunting time (legal hunting time under state regulations is one-half hour before sunrise to one-half hour after sunset).

Access to the elk hunt area would be provided at the Coldwater parking area (Parking Area G), at the end of the Tule Island Access Road, which can be accessed from Barkdull Road (Exit 21 off Interstate 86). All other areas require access through private land (landowner permission) before reaching the Refuge. Hunters will self-navigate to their location on foot; vehicles are prohibited off-road.

Minidoka NWR Draft Elk Hunting Plan Page 9 D. Consultation and Coordination with the State

IDFG sent a letter dated November 27, 2017 to the Service’s Regional Director requesting that the Service consider an elk hunt in the eastern area of Minidoka NWR. In 2018, Refuge staff reviewed Idaho state hunting framework and regulations to find consistency where possible. IDFG’s recommendations were used as the foundation for this hunt plan and the proposed alternative in this EA. Refuge staff will contact IDFG letting them know that the Service is proposing to open the Refuge to elk hunting, as well as extending the boating season to enhance fishing opportunities. IDFG will be given an advance copy of this Draft Hunt Plan and EA and will be invited to provide comments, prior to issuance of the Draft Hunt Plan and EA for public comment.

Minidoka NWR and the IDFG will continue to work together to ensure safe and enjoyable recreational hunting opportunities. Hunter participation and harvest data are collected by the state, and law enforcement officers from both the SE Idaho NWR Complex and IDFG work together to patrol the East Hunt Unit, safeguarding hunters, visitors, and both game and nongame species.

E. Law Enforcement

Enforcement of Refuge violations normally associated with management of a national wildlife refuge is the responsibility of commissioned Federal Wildlife Officers (FWOs). The SE Idaho Complex currently has one FWO. Other officers, special agents, state game wardens, and the local Sheriff’s Department often assist the Southeast Idaho National Wildlife Refuge Complex’s full time federal wildlife officers.

The following methods are used to control and enforce hunting regulations:

 Refuge and hunt area boundaries will be clearly posted;  The Refuge will provide a hunting brochure that shows hunt areas;  Southeast Idaho National Wildlife Refuge Complex law enforcement staff will randomly check hunters for compliance with federal and state Laws.

F. Funding and Staffing Requirements

The Refuge is administered by the Southeast Idaho National Wildlife Refuge Complex (Complex), which also administers the Deer Flat, Camas, Bear Lake, and Grays Lake National Wildlife Refuges. Only the Refuge Manager and Wildlife Biologist are stationed at Minidoka NWR; they are responsible for day-to-day operations. Much of the work accomplished on the Refuge is done by personnel stationed at Complex headquarters, located in Chubbuck, Idaho, and other refuges in the Complex. The distance of the Refuge to shared staff can present logistical

Minidoka NWR Draft Elk Hunting Plan Page 10 challenges. However, they can be overcome by incorporating the management of the elk hunt into existing hunt programs currently in place within the Complex Given that the proposed elk hunt would fall within the state hunting framework which is managed by IDFG, the proposed elk hunts would require relatively little oversight from Refuge staff. Some costs associated with the elk hunt would be shared with the existing hunt programs (e.g., maintenance of road and parking area). Estimated costs to implement the hunt would be approximately $4,000.00 annually to cover staff time needed to consult and coordinate with the state and to cover costs of additional law enforcement patrols to enforce hunting regulations, and $10,000 in one-time costs to for new brochures and signs. There are currently enough funds in Refuge operations to implement this program.

IV. Conduct of the Hunting Program

A. Hunter Permit Application, Selection, and/or Registration Procedures

Elk hunting is permitted in accordance with all state regulations (see https://idfg.idaho.gov/sites/default/files/seasons-rules-big-game-elk-2017-2018.pdf) and special Refuge regulations. No Refuge permit is required at this time.

B. Refuge-Specific Hunting Regulations

Listed below are Refuge-specific regulations that pertain to hunting on Minidoka NWR as of the date of this plan and including the new elk hunt as proposed in this plan. These regulations may be modified as conditions change or if Refuge expansion occurs.

[Big Game Hunting]. We allow hunting of elk (archery only) in designated areas of the refuge. 1) Elk hunters may enter the hunt area from one and one-half hours before legal hunting time to one and one-half hours after legal hunting time.

C. Relevant State Regulations

● IDFG: Hunting of elk is permitted during Idaho general A tag (archery) season for Unit 68 in the Big Desert Zone. For more information see https://idfg.idaho.gov/ifwis/huntplanner/tag/?id=11443

● Idaho Big Game Rules (For complete rules see https://idfg.idaho.gov/sites/default/files/seasons-rules-big-game-laws-2017-2018.pdf) Hunting Hours Big game animals may be hunted only from one-half hour before sunrise to one-half hour after sunset. Mandatory Report Requirements Minidoka NWR Draft Elk Hunting Plan Page 11 All deer, elk, and pronghorn hunters are required to complete a Mandatory Hunter Report for each tag they purchase. Hunters are required to submit a report by phone or internet within 10 days after harvest. Hunters who do not harvest, or did not hunt with their tag, are required to report within 10 days after the close of the hunting season. Archery Only Season Any person hunting in an archery-only season, including controlled hunts, must have in their possession their license with archery permit validation. During an archery- only season, it is illegal for hunters to use any firearm or implement other than a longbow, compound bow, or recurve bow in compliance with general archery equipment requirements or: • Any bow equipped with magnifying sights. • Any device that holds a bow at partial or full draw. Except hunters possessing a disabled archery permit may use a device that holds a bow at partial or full draw. Applications for the use of devices holding a bow at partial or full draw by disabled hunters are available at Fish and Game offices. • Any crossbow. Except disabled hunters possessing a permit may use a crossbow. Applications for the use of crossbows by disabled hunters are available at Fish and Game offices.

D. Other Refuge Rules and Regulations for Hunting

● Information for Minidoka NWR hunting is listed below and/or can be downloaded from the Minidoka NWR website: https://www.fws.gov/refuge/Minidoka/visit/rules_and_regulations.html ● Firearms may only be discharged in accordance with Refuge hunting regulations, i.e., only during the lawful pursuit of game during legal seasons. ● Personal property, including portable blinds and tree stands, must be removed from the Refuge at the end of each day. ● Cutting of live vegetation for blinds is prohibited. ● Open fires and fireworks are not allowed at any time. ● Camping is prohibited on the Refuge, except in Lake Walcott State Park. ● Collecting natural objects such as plants, animals, minerals, antlers, and feathers, and objects of antiquity (including Native American artifacts, such as arrowheads) is prohibited. ● Off road travel by vehicles, ATVs/UTVs and horses is prohibited. ● Boating, in areas closed to boating, is prohibited (see Refuge public use map at http://cmsstage.fws.doi.net/uploadedFiles/Minidoka%20Map.pdf#a ● The Tule Island Access Road is open to vehicles only during the state GMU 68 elk archery season and waterfowl hunting seasons; foot travel is permitted year-round.

Minidoka NWR Draft Elk Hunting Plan Page 12 V. Public Engagement

A. Outreach for Announcing and Publicizing the Hunting Program

The SE Idaho Refuge Complex maintains a mailing list, for news release purposes, to local newspapers, radio, and websites. Special announcements and articles may be released in conjunction with hunting seasons. In addition, information about the hunt will be available at the SE Idaho NWR Complex office, the Minidoka NWR headquarters, and on the Minidoka NWR website www.fws.gov/refuge/Minidoka/.

B. Anticipated Public Reaction to the Hunting Program

Waterfowl and upland game hunting is already established at Minidoka NWR. Most of the Refuge is surrounded by BLM lands where hunting under state regulations is currently allowed; however, private farms and ranches are adjacent to the Refuge in the Raft River and Coldwater areas. The Refuge’s East Hunt Unit lies within Idaho’s Game Management Unit (GMU) 68 of the Big Desert Zone. In this unit, elk are managed to maintain numbers at levels which limit agricultural damage yet provide a desirable hunting opportunity and experience (see https://idfg.idaho.gov/sites/default/files/seasons-rules-big-game-elk-2017-2018.pdf). In recent years, elk numbers have increased in the Coldwater area, causing damage to crops on private lands surrounding the Refuge. IDFG estimates that the herd in this area currently numbers 50-60 animals. They appear to winter south of Interstate 86 and utilize the Refuge as a migration corridor between agricultural fields and bedding areas. Local sentiment is generally in favor of reducing elk numbers in this area. Big game hunting (for deer, elk, and pronghorn) occurs on BLM lands adjacent to the Refuge, and is generally accepted locally and does not typically generate anti-hunting controversy. We also anticipate favorable reaction to the addition of elk hunting as an added recreational opportunity for the public. The Shoshone-Bannock Tribes oppose expanding hunting opportunities on the Refuge due to concern over looting and vandalism of cultural resources.

Nationally, there is a component of the population that is opposed to hunting, and some organizations are opposed to hunting, or at least the expansion of hunting, on national wildlife refuges and other public lands. However, we feel confident that elk hunting on Minidoka NWR will be supported by the local community.

C. How Hunters Will Be Informed of Relevant Rules and Regulations

General information regarding hunting, regulations, maps, and other wildlife-dependent public uses can be obtained at the SE Idaho NWR Complex Headquarters at 4425 Burley Drive Suite A, Chubbuck, Idaho 83202 or by calling 208-237-6615 or the Minidoka NWR Headquarters 961 E Minidoka Dam Road, Rupert, Idaho 83350 or by calling (208) 436-3589. Hunting regulations and maps are also available on the Minidoka NWR website:

Minidoka NWR Draft Elk Hunting Plan Page 13 https://www.fws.gov/refuge/minidoka/. Staff fills brochure boxes located on Minidoka NWR.

IDFG hunting information is available at the office located at 324 417 E #1, Jerome, ID 83338 or by calling (208) 324-4359. Hunting resources are also available on their website at: https://idfg.idaho.gov/hunt.

VI. Compatibility Determination

Hunting and all associated program activities proposed in this plan are compatible with the purposes of the Refuge. See attached Draft Compatibility Determination for Elk Hunting, Minidoka NWR.

Minidoka NWR Draft Elk Hunting Plan Page 14 Appendix A. Minidoka National Wildlife Refuge, Environmental Assessment for the Proposed Archery Hunts on the East Hunt Unit

Minidoka NWR Draft Elk Hunting Plan Page 15 Minidoka National Wildlife Refuge

Environmental Assessment

for the

Proposed Archery Elk Hunts on the East Hunt Unit

Prepared by: U.S. Fish and Wildlife Service Southeast Idaho National Refuge Complex 4425 Burley Drive, Suite A Chubbuck, Idaho 83202

June 2019 Introduction:

This Environmental Assessment (EA) is being prepared to evaluate the effects associated with the proposed action and complies with the National Environmental Policy Act (NEPA) in accordance with Council on Environmental Quality regulations (40 CFR 1500-1509) and Department of the Interior (43 CFR 46; 516 DM 8) and U.S. Fish and Wildlife Service (550 FW 3) regulations and policies. NEPA requires examination of the effects of proposed actions on the natural and human environment. Proposed Action: The U.S. Fish and Wildlife Service (hereafter referred to as Service or USFWS, interchangeable) is proposing to open a new hunting opportunity for elk at Minidoka National Wildlife Refuge (NWR, Refuge) in Idaho. The purposes of the proposed action are to address Secretarial Orders 3347 and 3356 by opening a new hunting opportunity on the Refuge and more closely align Refuge hunting regulations with Idaho state hunting regulations, while also addressing agricultural damage adjacent to the Refuge. Background: National wildlife refuges are guided by the mission and goals of the National Wildlife Refuge System (NWRS), the purposes of an individual refuge, Service policy, and laws and international treaties. Relevant guidance includes the National Wildlife Refuge System Administration Act of 1966, as amended by the National Wildlife Refuge System Improvement Act of 1997, Refuge Recreation Act of 1962, and selected portions of the Code of federal Regulations and Fish and Wildlife Service Manual. Minidoka NWR was established in 1909 by President Theodore Roosevelt under Executive Order (E.O.) 1032. The Refuge was then modified by four subsequent E.O.s by President William H. Taft (E.O. 1486) on February 21, 1912; by President Herbert Hoover (E.O. 5375) on June 23, 1930; and President Franklin D. Roosevelt (E.O. 7417) on July 17, 1936. E.O. 7417 supersedes, through revocation, the three previous E.O.s. In 1940, President Franklin D. Roosevelt signed his second E.O. for Minidoka, E.O. 8600, changing the name of the Refuge from “Minidoka Wildlife Refuge” to “Minidoka National Wildlife Refuge” and adding 360 acres (withdrawn for reclamation purposes) to the Refuge boundary. The Refuge boundary has not been expanded since President Franklin D. Roosevelt issued E.O. 8600. Today, the total Refuge boundary acreage is approximately 20,752 acres. The Refuge purpose is derived from Executive Order 7417: “. . .as a refuge and breeding ground for birds and other wildlife” (E.O. 7417 – Franklin D. Roosevelt, July 17, 1936). The mission of the NWRS, as outlined by the National Wildlife Refuge System Administration Act of 1966 (NWRSAA), as amended by the National Wildlife Refuge System Improvement Act of 1997 (16 U.S.C. 668dd et seq.), is to:

Minidoka NWR Environmental Assessment for Elk Hunting 17 June 2019 “... administer a national network of lands and waters for the conservation, management and, where appropriate, restoration of the fish, wildlife, and plant resources and their habitats within the United States for the benefit of present and future generations of Americans” The NWRSAA mandates the Secretary of the Interior in administering the National Wildlife Refuge System to (16 U.S.C. 668dd(a)(4)): • Provide for the conservation of fish, wildlife, and plants, and their habitats within the NWRS; • Ensure that the biological integrity, diversity, and environmental health of the NWRS are maintained for the benefit of present and future generations of Americans; • Ensure that the mission of the NWRS described at 16 U.S.C. 668dd(a)(2) and the purposes of each refuge are carried out; • Ensure effective coordination, interaction, and cooperation with owners of land adjoining refuges and the fish and wildlife agency of the States in which the units of the NWRS are located; • Recognize compatible wildlife-dependent recreational uses as the priority general public uses of the NWRS through which the American public can develop an appreciation for fish and wildlife; • Ensure that opportunities are provided within the NWRS for compatible wildlife-dependent recreational uses; and • Monitor the status and trends of fish, wildlife, and plants in each refuge. Therefore, it is a priority of the Service to provide for wildlife-dependent recreation opportunities, including hunting, when those opportunities are compatible with the purposes for which the refuge was established and the mission of the National Wildlife Refuge System. Minidoka NWR is located on the Snake River Plain in south-central Idaho, 12 miles northeast of Rupert in Minidoka, Blaine, Cassia, and Power Counties. The primary feature of the Refuge is Lake Walcott, the reservoir formed by the construction of the Minidoka Dam in 1906. The Refuge includes 80 miles of shoreline around Lake Walcott, from Minidoka Dam upstream about 25 miles. Most of the Refuge (17, 923 acres) represents a secondary withdrawal encompassing Lake Walcott and surrounding lands. The primary withdrawal is controlled by the U.S. Bureau of Reclamation (BOR) and managed primarily for irrigation purposes (Minidoka Project). The Minidoka Dam, power plant, irrigation canals, and Lake Walcott water levels are all managed by BOR. Service management of public use on overlay Refuge lands, where the Service has secondary jurisdiction, is governed by a Cooperative Agreement with BOR (1964, amended 1976). Minidoka NWR is one of a handful of Refuges with a state park on Refuge-controlled lands: Lake Walcott State Park. The park (originally “Walcott Park”) was managed by BOR for much of its history. In 1996 the Idaho Legislature authorized the Idaho Park Board to enter into an agreement with BOR for the operation of recreational facilities at Lake Walcott, which became known as Lake Walcott State Park. The park provides the public with picnic, camping, and boat launch facilities. The Refuge is a popular area for both boating and fishing, and hosts a regionally significant smallmouth bass fishery. Hunting of migratory birds and upland game is currently allowed on two hunt units.

Minidoka NWR Environmental Assessment for Elk Hunting 18 June 2019 Purpose and Need for the Proposed Action: The purpose of this proposed action is to provide compatible wildlife-dependent recreational opportunities on Minidoka NWR and to offer additional hunting opportunities and greater alignment with the state as mandated by Secretarial Orders Number 3347 and 3356. The need of the proposed action is to meet the Service’s priorities and mandates as outlined by the NWRSIA to “recognize compatible wildlife-dependent recreational uses as the priority general uses of the NWRS” and “ensure that opportunities are provided within the NWRS for compatible wildlife-dependent recreational uses” 16 U.S.C. 668dd(a)(4)). An additional purpose of the proposed elk hunt is to provide the state with a strategy to maintain elk numbers at levels which limit agricultural damage and provide a desirable hunting opportunity and experience. Alternatives Considered Alternative A – Open the East Hunt Unit to Elk Hunting During the State Archery Elk Season [Proposed Action Alternative]: The Refuge has prepared a draft Minidoka NWR Elk Hunting Plan (USFWS 2019), which is incorporated herein by reference and attached to this document to provide more details regarding the proposed action. Under Alternative A, the southern mainland portion of the East Hunt Unit of Minidoka NWR (300 acres) would be open for hunting during the state archery elk season only (Map A). The hunt would be part of the Elk “A” Tag for Unit 68 in the Big Desert Zone hunt as described by the Idaho Department of Fish and Game (IDFG). The proposed hunt would coincide with all state regulations and season dates as established by IDFG. Both General “A” Tag archery hunts would be allowed on the Refuge. Hunt dates in 2018 were from August 1 to August 30 and August 30 to September 30. The August 1–30 hunt is specifically address crop damage and the only areas of GMU 68 that can be hunted are those that are within one mile of agricultural fields, which includes all of the East Hunt Unit. In the August 30 to September 30 hunt, all of GMU 68 can be hunted. Currently, elk hunting for either sex is from August 1 through September 30, although IDFG may changes those dates in the future. All elk hunters must carry a valid Idaho hunting license with archery permit validation. Elk hunters will be required to have an “A” tag for elk for the Big Desert Zone issued by IDFG. No Refuge permit is required. IDFG does not limit the number of elk tags in the Big Desert Zone. The East Hunt Unit lies within the area of the Refuge that is closed to boating; therefore, elk hunters would not be able to use boats to access Tule Island or either shore of the river. Tule Island and the north mainland portion of the Unit would remain closed to elk hunting. Access to the southern mainland portion of the East Hunt Unit would be provided at the Coldwater parking area (Parking Area G), at the end of the Tule Island Access Road, which can be accessed from Barkdull Road (Exit 21 on Interstate 86). Permission is required from private landowners to access the hunt unit via private lands. Hunters may enter the elk hunt area no earlier than one and one-half hours before legal hunting time and must leave within one and one-half hours after legal

Minidoka NWR Environmental Assessment for Elk Hunting 19 June 2019 hunting time. In accordance with Idaho regulations, elk may be hunted only from one-half hour before sunrise to one-half hour after sunset. Only foot traffic would be allowed; motorized vehicles are prohibited off-road. No overnight camping or campfires would be allowed. No permanent blinds would be allowed. Temporary blinds and tree stands would be required to be removed daily. Cutting live vegetation for blinds and shooting lanes would not be allowed.

The limited sport hunting for ducks, geese, coots, snipe, pheasants, partridge, and cottontail rabbits currently offered at the Refuge would remain unchanged. Alternative B – Maintain Current Hunt Program [No Action Alternative]: Under the no action alternative, the current hunting program at Minidoka NWR would be maintained and a new elk hunt would not be instituted. Currently, limited sport hunting is permitted on portions of the Refuge for ducks, geese, coots, snipe, pheasants, partridge, and cottontails. There are two hunting areas: the West Hunting Area that is accessed from the Bird Island Road and the East Hunting Area accessed from the Tule Island Access Road. The rest of the Refuge is closed to hunting and would remain so. Alternative(s) Considered, But Dismissed From Further Consideration No alternatives were considered but dismissed from further consideration. Affected Environment Minidoka NWR totals 20,774 acres, about one-half is the open waters of Lake Walcott. The remaining habitat is primarily sagebrush steppe and grassland, with a narrow strip of riparian habitat along the Lake Walcott shoreline, and areas of emergent wetlands in embayments on the south shoreline of the lake and along the shore of Tule Island. Tables 1–5 provide additional, brief descriptions of each resource affected by the proposed action. Environmental Consequences of the Action This section analyzes the environmental consequences of the action on each affected resource, including direct and indirect effects. This EA includes the written analyses of the environmental consequences on a resource only when the impacts on that resource could be more than negligible and therefore considered an “affected resource” or are otherwise considered important as related to the proposed action. Any resources that will not be more than negligibly impacted by the action and have been identified as not otherwise important as related to the proposed action have been dismissed from further analyses. Tables1–4 provide: 1. A brief description of the affected resources in the proposed action area; and 2. Impacts of the proposed action and any alternatives on those resources, including direct and indirect effects. Table 5 provides a brief description of the anticipated cumulative impacts of the proposed action and any alternatives.

Minidoka NWR Environmental Assessment for Elk Hunting 20 June 2019 Impact Types: • Direct effects are those which are caused by the action and occur at the same time and place.; • Indirect effects are those which are caused by the action and are later in time or farther removed in distance, but are still reasonably foreseeable; and • Cumulative impacts result from the incremental impact of the action when added to other past, present, and reasonably foreseeable future actions regardless of what agency (federal or non-federal) or person undertakes such other actions.

Table 1. Affected Natural Resources and Anticipated Impacts of the Proposed Action and No Action Alternatives

Elk

Elk are the second largest member of the deer family. The elk subspecies present in the Refuge area is the Rocky Mountain elk (Cervus elaphus canadensis). Their populations fluctuate constantly in response to weather, predation, land management actions, fires, invasive species, private land use, and development. IDFG manages herds within desired ranges by adjusting hunting seasons and hunter numbers to provide high quality hunting opportunities, maintain availability of general season hunts with over-the-counter tag sales, and minimize conflicts with agriculture (IDFG 2014). IDFG estimates the current Idaho population of elk to be approximately 107,000 (https://idfg.idaho.gov/hunt/elk). IDFG manages elk in 28 elk management zones. The East Hunt Unit of Minidoka NWR is located in Game Management Unit 68 of the 3,553 square-mile Big Desert Zone. IDFG’s 10-year management direction for the Big Desert Zone is to decrease the current elk population. As described in the Idaho Elk Management Plan (IDFG 2014), hunts are designed to help address elk damage to agricultural crops in the times and places where it occurs. Elk hunter success is high in the Big Desert Zone, estimated to be about 28 percent. Where agricultural concerns are at manageable levels—such as in much of Unit 68—IDFG strives to maintain elk numbers at levels which limit agricultural damage yet provide a desirable hunting opportunity and experience. IDFG’s overall goal is to strike a balance between being responsive to depredation issues while still providing quality hunting opportunity (IDFG 2014). Aerial elk population surveys are not conducted in the Big Desert Zone because of the large land area and small dispersed groups of elk. Elk populations in this zone are managed using harvest data analysis and minimization of elk depredations on agricultural lands. Elk hunting in the Big Desert Zone averages about 0.12 hunters per square mile with an elk harvest of 0.03 elk per square mile (IDFG 2014). According to IDFG harvest statistics (https://idfg.idaho.gov/ifwis/huntplanner/stats/), 79 hunters participated in the 2017 GMU 68 archery hunt, harvesting 17 elk, which results in a 21.5 percent

Minidoka NWR Draft Environmental Assessment 21 June 2019 success rate. In 2016, 90 hunters participated, harvesting 12 elk, for a 13.7 percent success rate. In 2015, 50 hunters harvested 8 elk, for a 20 percent success rate. Elk are local residents of the desert habitat and travel openly on and off the Refuge throughout the year, most notably on the eastern end of the Refuge near neighboring agricultural fields. The current herd in the Coldwater area, which includes the eastern portion of the Refuge and adjacent private lands, is estimated to number around 50-60 animals (Doug Meyer, IDFG Conservation Officer, personal communication with Jeff Krueger, Refuge Manager, 12/13/2018). They appear to winter south of Interstate 86 and utilize the Refuge as a migration corridor between agricultural fields and bedding areas. The herd reportedly has an impact on local farm fields but the extent of that damage in unknown.

Anticipated Direct And Indirect Impacts Alternative A (Proposed Action): The objectives of the proposed hunt are threefold: provide an additional wildlife-dependent recreational activity on the Refuge, assist IDFG in meeting its management objective of preventing crop and property damage (depredation) by reducing the elk population in the Big Desert Unit, and to better align Refuge hunting regulations with state regulations. The amount of harvest would be set annually by IDFG based on an analysis of previous years’ harvest data and reported elk depredations on agricultural lands. Take levels are not possible to forecast, but based on the acreage of huntable land at the Refuge and hunting statistics from IDFG (0.12 hunters per square mile and 0.03 elk harvested per square mile) (IDFG 2014), the Service expects hunting pressure to be light with few elk harvested on the unit annually. This would be a minor effect to the overall elk population as the harvest would be detectable but localized, small, and of little consequence to the statewide population of elk. With fewer elk in the Big Desert Zone, elk depredations of private lands may be reduced somewhat, but the amount is not possible to forecast. Alternative B: Under Alternative B, no elk hunting would occur on the Refuge. The Service would not open the Refuge to an additional wildlife-dependent recreation activity and would not assist IDFG in meeting its elk objectives for the Snake River Unit. The existing program of limited sport hunting for ducks, geese, coots, snipe, pheasants, gray partridge, grouse and cottontails would continue.

Other Wildlife Species

The Refuge supports a diversity of wildlife species of the Snake River plain including waterfowl, waterbirds, migratory and resident landbirds, and raptors, mammals, reptiles, amphibians, and invertebrates, which are important contributors to the overall biodiversity on the Refuge. Two habitat types dominate the East Hunt Unit: riparian and sagebrush-steppe. Although the riparian habitat is limited, and much of it linear in nature, it is quite important to some songbird species, such as Bullock’s orioles (Icterus bullockii). Other migratory birds that benefit from riparian habitat include willow flycatcher (Empidonax traillii) and olive-sided

Minidoka NWR Environmental Assessment for Elk Hunting 22 June 2019 flycatcher (Contopus cooperi). Occasional sightings of the federally threatened yellow-billed cuckoo (Coccyzus americanus) on the Refuge have been associated with this habitat type (see Threatened and Endangered Species below). Several species of mammals and amphibians inhabit riparian areas of the Refuge including skunks, raccoons, mink, northern leopard frogs, boreal chorus frogs (Pseudacris maculata), and terrestrial garter snakes (Thamnophis elegans). Some of the Refuge’s riparian areas support rookeries inhabited by colonial-nesting waterbirds (e.g., great blue herons [Ardea Herodias], black-crowned night-herons [Nycticorax nycticorax]). Raccoons (Procyon lotor), American beaver (Castor canadensis), muskrats (Ondatra zibethicus), long-tailed weasels (Mustela frenata), and American mink (Neovison vison) occur in wetlands and along the shoreline of Lake Walcott (USFWS 2010, Wildlife Coordination Report in BOR 2010). Focal species on the Refuge that depend upon shrub-steppe habitat include Brewer’s sparrow, greater sage-grouse (Centrocercus urophasianus), Columbian sharp-tailed grouse (Tympanuchus phasianellus), grasshopper sparrow (Ammodramus savannarum), long-billed curlew (Numenius americanus), and pygmy rabbit (Brachylagus idahoensis). Other species dependent upon shrub- steppe habitat include a variety of raptors, mule deer (Odocoileus hemionus), and pronghorn (Antilocapra americana). Mule deer utilize the Refuge quite heavily during winter months when they migrate from the surrounding mountains in search of food, shelter and shallower snow depths. Small populations of pronghorn reside on the Refuge year round; however, larger numbers are usually observed in the winter and early spring when they are herded up and food becomes harder to find. While Minidoka NWR currently has insufficient area of suitable habitat to sustain a population of greater sage-grouse, it can be supportive of sage-grouse when combined with sagebrush-steppe habitat on surrounding lands. There are populations of grouse and suitable habitat north and south of the Snake River. Minidoka NWR is the only area along the river between these two populations that is largely sagebrush steppe; adjacent areas have been converted to agriculture. Bureau of Land Management (BLM) considers the Refuge as an important corridor between these two populations (J. Augsberger, personal communication 2006 in USFWS, 2008). Minidoka NWR is also known late brood rearing habitat. The Refuge currently supports an active lek of Columbian sharp-tailed grouse. However, the elk occurs outside of the East Hunt Unit. Areas of high quality submergent vegetation occur in the sanctuary area on the eastern side of the Refuge, which is closed to boating. This is a locally important molting area for geese and ducks. Tens of thousands ducks and geese use this portion of the Refuge as a safe haven during this flightless period (early July through September). Historically, peak populations of 100,000 molting waterfowl were recorded, but recent highs have been about half that number. The closed areas are also critically important for waterfowl during fall and spring migration, and as wintering areas. The beds of aquatic vegetation surrounding Tule Island are also important nesting sites for western and Clark’s grebes, one of only three nesting sites for both species in Idaho. Grebes utilize emergent aquatic vegetation along the fringes of the island to establish their floating nests.

Minidoka NWR Environmental Assessment for Elk Hunting 23 June 2019 Anticipated Direct And Indirect Impacts Alternative A (Proposed Action): The presence and sighting of hunters traveling to, from, and within hunting areas can disturb non-target wildlife species, such as passerine birds, waterfowl, and other waterbirds using Refuge habitats. This disturbance, especially when repeated over a period of time, may result in some wildlife species altering feeding habits or cause them to move to other areas. Under Alternative A, the proposed archery elk hunts would be allowed on a portion of the East Hunt Unit (approximately 1,094 acres) that is currently open to other hunting opportunities. Only the mainland portion of the East Hunt Unit south of the Snake River (300 acres) would be open to elk hunting. However, while the presence and activity of additional hunters may cause temporary disturbance to other wildlife in the area, there are no foreseeable detrimental impacts to these species, due to the limited number of hunters that would be on the Refuge at any given time, the seasonality of proposed hunts, and the availability of adjacent habitat to escape to. The nature of the hunt (an archery hunt) would cause minimal noise disturbance. Although the proposed elk hunts fall within the breeding period for western and Clark’s grebes and the molting period for waterfowl, impacts to molting waterfowl and breeding grebes caused by elk hunting would be minimal because Tule Island would be closed to the proposed elk hunts and because the eastern portion of the Refuge is closed to boating. The impacts to other species caused by the proposed elk hunts would be minimal, since the hunts would occur from August 1 to September 30, which is a relatively low wildlife use period by most species, other than shorebirds that are beginning to migrate. However, shorebirds would primarily be using the shoreline areas of the reservoir, which are extensive and allow ample area for escape from disturbance. Alternative B (No Action): No additional hunting would occur on the Refuge; therefore impacts to non-target wildlife species caused by human activities would remain the same as at present.

Threatened and Endangered Species

Two federally listed species are known to occur on the Refuge: yellow-billed cuckoo (Coccyzus americanus), listed as threatened, and the Snake River physa (Physella natricina), listed as endangered. Both species are Tier 1 species of greatest conservation need (SGCN) in the state of Idaho. Tier 1 species represent the highest priority for the state’s Wildlife Action Plan and the species with the most critical conservation needs (IDFG 2017). The yellow-billed cuckoo was listed as threatened on October 3, 2014 (79 FR 59992). It is a riparian obligate that nests almost exclusively in low to moderate elevation riparian woodlands with native broadleaf trees and shrubs that are 50 acres or more in extent within arid to semiarid landscapes. At the landscape level, the amount of cottonwood–willow-dominated vegetation cover and the width of riparian habitat influence western yellow-billed cuckoo breeding distribution. The presence of point bars and low woody vegetation are important features of nesting habitat, indicating healthy river hydraulics and active habitat succession. Occupancy increases with patch size greater than 100 acres and when surrounded by native habitats. (IDFG 2017).

Minidoka NWR Environmental Assessment for Elk Hunting 24 June 2019 Yellow-billed cuckoo are a neo-tropical, long-range migrant that winters almost entirely in South America east of the Andes. In the western U.S. cuckoos arrive on breeding grounds starting mid- to late-May They depart their breeding grounds beginning in late August with most birds gone by mid-September (Hughes 2015). Yellow-billed cuckoo have been observed outside the proposed hunt area, on the far western area of the Refuge near Walcott Park. They require riparian habitat with a well-developed overstory of large cottonwoods, which does not occur in the East Hunt Unit of the Refuge. The Snake River physa was listed endangered on December 12, 1992 (57 FR 59244). It is an aquatic snail endemic to Idaho. The species occurs on the undersides of gravel-to-boulder size substrate in swift current in the mainstem Snake River USFWS 1995). Current research indicates the range stretches form Minidoka Dam as far downstream as Ontario, Oregon. The population below Minidoka dam is considered to be persistent (IDFG 2017). The long-term population trend is unknown, although the short-term (10-year) trend is considered to be relatively stable (≤10% change) (IDFG 2017.). The proposed elk hunting area provides no habitat for this aquatic species.

Anticipated Direct And Indirect Impacts Alternative A (Proposed Action): Direct and indirect impacts to yellow-billed cuckoo are expected to be negligible. Their preferred riparian habitat of tall-stature willows and cottonwood does not occur on the East Hunt Unit and the species has not been observed there. Additionally, the hunt dates occur outside their breeding season and newly hatched birds would have fledged prior to the commencement of the hunt. While it is possible that individual cuckoos may make transient use of low-stature riparian habitat in the East Hunt Unit during migration (August through early November), when the elk hunt would occur, the effect would be expected to be negligible due to the low numbers and dispersed nature of the elk hunt. There would be no direct or indirect effects to the Snake River physa since it is an aquatic species that does not occur on the area we propose to open to elk hunting. Alternative B No Action: Under the no action alternative, the effects of the limited sport hunting of elk, to yellow-billed cuckoo would remain unchanged and negligible. Current hunt areas do not contain suitable nesting habitat for this species, and current hunting programs occur after the migration season. There would be no effect to the Snake River physa as they do not occur in areas open for hunting.

Vegetation

Vegetation communities present on the portion of East Hunt Unit that we propose to open to elk hunting are primarily three habitat types: shrub-steppe, juniper woodland, and riparian. Most of the sagebrush habitat on the East Hunt Unit is degraded due to past livestock grazing and sagebrush eradication programs, introduction of exotic grasses and invasive exotic weeds, and increased fire frequency. Because of recent fires, the Refuge’s sagebrush-steppe habitat is now fragmented into a mosaic of brush and grasslands. However, there are still some areas with 10 to 30 percent sagebrush cover, and there are areas with a preponderance of native grass species (USFWS 2008).

Minidoka NWR Environmental Assessment for Elk Hunting 25 June 2019 The overstory canopy cover of the Refuge’s shrub-steppe community is variable depending upon fire history. The Refuge’s upland vegetation is a mix of fragmented disturbed habitat dominated by rabbitbrush and cheatgrass, and some areas in relatively good condition with a shrub-steppe mix of native bunchgrasses and forbs, introduced crested wheatgrass, cheatgrass, and sagebrush.

Shrub-steppe habitat includes Wyoming sagebrush (Artemisia tridentata spp. wyomingensis) and Basin big sagebrush (Artemisia tridentata spp. tridentata), antelope bitterbrush (Purshia tridentata), fourwing saltbush (Atriplex canescens), rubber rabbitbrush (Ericameria nauseosa), green rabbitbrush (Chrysothamnus viscidiflorus), greasewood (Adenostoma fasciculatum), winterfat (Krascheninnikovia lanata), shortspine horsebrush (Tetradymia spinosa), and spiny hopsage (Grayia spinosa). Much of the riparian habitat on the East Hunt Unit is degraded by Russian olive, a non-native species (Elaeagnus angustifolia). Past grazing practices may have encouraged the establishment of Russian olive, since it is less palatable than native willows. The riparian zone has been degraded by several other invasive weeds, primarily Canada thistle (Cirsium arvense), Scotch thistle (Onopordum acanthium), and poison hemlock (Conium maculatum). Other weeds include perennial pepperweed (Lepidium latifolium), whitetop (Lepidium draba), Russian knapweed (Rhaponticum repens) and diffuse knapweed (Centaurea diffusa). These weeds grow primarily in herbaceous riparian areas, but can grow under trees also (USFWS 2008).

Anticipated Direct And Indirect Impacts Alternative A (Proposed Action): Fires, overnight camping, and use of off-road vehicles by hunters would be prohibited. Foot travel associated with additional hunting could potentially result in trampling vegetation and soil disturbance, especially in ingress and egress routes. But these impacts are expected to be minor and temporary, given the limited number of hunters expected on the Refuge for the archery elk hunt. Loss of plants from foot traffic would be minor and temporary and would likely occur on existing trails or game trails created by wildlife movement. Alternative B: No additional hunting would occur on the Refuge; therefore, impacts to vegetation caused by human activities would remain the same as at present.

Table 2. Affected Visitor Use and Experience, Affected Paleontological and Cultural Resources, and Anticipated Impacts of the Proposed Action and No Action Alternatives

Visitor Use and Experience

Currently, an estimated 65,000 people visit the Refuge annually. Most of this visitation is associated with Lake Walcott State Park, which lies on the Refuge and has facilities for picnicking and overnight camping. Minidoka Reservoir is a popular local destination for boating and warmwater fishing. Fishing is the most popular activity outside of Lake Walcott State Park, with

Minidoka NWR Environmental Assessment for Elk Hunting 26 June 2019 approximately 12,500 visits annually. The majority of fishing occurs from boats. The Refuge supports a regionally significant smallmouth bass fishery, and trout fishing can be good at certain areas and times. Fishing is the primary reason for boat access, but some recreational boating, water skiing, and jet skiing also occur. Most fishing and boating occurs in the summer. Birdwatching, photography, and select bird hunting are also popular activities. The Refuge is open year round to wildlife observation, photography, fishing, and hiking. The western portion of Lake Walcott is currently open to boating from April 1 through September 30. Boat ramps are located at Lake Walcott State Park, Gifford Springs, and the East Hunt Unit. The East Hunt Unit boat ramp is a primitive launch site used by waterfowl hunters using small boats that can be launched by hand. The eastern portion of Lake Walcott, from just west of Bird Island to the eastern boundary, is closed to boating except for boat fishing lanes used to access fishing locations at Smith Springs and Gifford Springs. The areas of the Refuge that are closed to boating may still be fished year round (conditions permitting) from shore, or through the use of a standard float tube. Environmental education and interpretation are minimal since the Refuge has limited on-site staff. Two areas of the Refuge are open to hunting of waterfowl, pheasant, grouse, gray partridge, and cottontail rabbits, during the state waterfowl season only, in accordance with state regulations. We propose to open the mainland portion of the East Hunt Unit to elk hunting under state archery seasons and regulations.

Anticipated Direct And Indirect Impacts Alternative A (Proposed Action): Conflicts between elk hunters and other user groups could arise, however, this is not expected to be a significant issue because (1) elk hunting would be restricted to the mainland portion of the East Hunt Unit, which receives minimal visitation, (2) because the elk season is short (two months, August 1—September 30), and (3) because only small numbers of elk hunters would be present on the Refuge at any given time. There would be no conflicts between elk hunters and waterfowl hunters, since the state waterfowl season starts after the close of the archery elk season. Alternative B: No additional hunting would occur on the Refuge. However, the Refuge has only a small on-site staff, and only occasional law enforcement patrols are conducted. Trash dumping, vehicle trespass, vandalism, cutting of fences, and occasional overnight camping would continue to be issues on the Refuge.

Cultural and Paleontological Resources Documented cultural resources on the Refuge include lithic scatters, rock rings, stacked rock features (e.g., cairns), rock shelters, and other manifestations of long-term and short-term pre- Contact and historic-period Shoshone Bannock habitation and utilization of riverine resources; landscape features and historic debris associated with the Oregon Trail and early homesteading, including building remains and a segment of the North Alternate route of the Oregon Trail; landscape features and historic debris associated with the construction of the Minidoka Dam in the early 1900s; landscape features (e.g., fences, rock walls) and historic debris associated with the

Minidoka NWR Environmental Assessment for Elk Hunting 27 June 2019 presence of the Civilian Conservation Corps in the mid-1930s to 40s; and remnants of placer mining operations (stacked rock piles, prospects, dugouts) (USFWS 2016).

The Minidoka Dam and powerhouse is listed in the NRHP (1974). The Refuge contains other structures that are potentially eligible for NRHP listing: the “Trapper Cabin” on the north shore of Lake Walcott, and a CCC-era rock wall; however, they have not been evaluated for eligibility. The Cedar Point archaeological site on the Refuge is eligible for listing in the NRHP. More than 30 other smaller archaeological sites have been identified on the Refuge, but have not been evaluated for eligibility, including several within the East Hunt Area. The Refuge lies adjacent to both the American Falls Archaeological District and the Cedar Fields Traditional Cultural Property, and it is likely that additional undocumented sites exist on the Refuge. In January 2014, low water conditions exposed a bone bed containing bison and other species. The bone bed was within the East Hunt Unit, which is currently open to waterfowl hunting. However, in most years, this site would be inundated by Lake Walcott. Mineralized bones from various birds, horses, camels, sloths, rabbits, carnivores and bison were identified. A follow-up investigation in February 2015 to map and identify species, their orientation to river flow, and evidence of human activity revealed that there were at least two depositional events. The first deposition event occurred during the late Pleistocene. It appears to be the result of seasonal flooding and may be related to the Bonneville Flood. This resulted in a gravel deposit containing skeletal remains from extinct fauna (camels, horses and sloth). Most of these bones were aligned with the river current. The second event was the deposition of bison bones that were left perpendicular to the river current. Minidoka NWR is located in lands ceded to the U.S. Government in the Fort Bridger Treaty of July 3, 1868 with the Eastern Band Shoshoni and Bannock, 15 Stat., 673. The Shoshone-Bannock Tribes have reserved the “right to hunt on the unoccupied lands of the United States” in that treaty and actively work with the U.S. Government in natural resources planning efforts to protect their off-reservation treaty rights.

Anticipated Direct And Indirect Impacts Alternative A (Proposed Action): Section 106 of the National Historic Preservation Act (NHPA) requires federal agencies to take into account the effects of their undertakings on historic properties. The Minidoka Dam and powerhouse and the Cedar Fields archaeological site lie far from the hunt area, and would not be affected by the proposed hunt. To date, three surveys for cultural resources have been conducted by the Service on portions of the East Hunt Unit. No historic or archaeological sites were identified in two shoreline surveys (USFWS 2016). An additional investigation of a bison bone bed exposed by low water levels of Lake Walcott in 2014-15 documented bones of extinct and extant mammals in areas typically inundated by Lake Walcott (USFWS 2015). Elk hunting requires no ground-disturbing activities, or other activities that might disturb undocumented paleontological, archaeological, or historic sites. Adding elk to the existing hunt program is unlikely to create any additional potential disturbance to cultural resources as it is

Minidoka NWR Environmental Assessment for Elk Hunting 28 June 2019 expected to only slightly increase hunter use and only in an area that are already open to hunting. The proposed actions would not alter, directly or indirectly, any characteristic of a historic property. Alternative B: Under this alternative, there would be no change to the current hunting program on the Refuge. Hunting of waterfowl and upland game requires no ground-disturbing activities, or other activities that might disturb undocumented paleontological, archaeological, or historic sites. Maintaining the current program would not alter, directly or indirectly, any characteristic of a historic property.

Table 3. Affected Refuge Management and Operations and Anticipated Impacts of the Proposed Action and No Action Alternatives

Land Use

There are currently seven Refuge entrances. The primary entrance, where the majority of visitors access the Refuge, is one the west side via the paved entrance road to Lake Walcott State Park. The Refuge headquarters is located just east of the park. Secondary entrances include dirt roads to Bird Island, Smith Springs, and Gifford Springs; two entrances to the dirt road on the north side of the Refuge; and the Tule Island Access Road. The Bird Island, south side Smith Springs, and south side Gifford Springs roads can be accessed via Old Highway 30/Baseline Road, which runs south of the Refuge. The Bird Island and Tule Island roads provide access to the west and east hunting areas, respectively. These roads are closed from January 15 through September 20 to protect nesting sites for colonial nesting birds and minimize road damage. We propose reducing the closure of the Tule Island road to January 15 through August 1 to allow access to the area for elk hunters. The north side road moves in and out of adjacent BLM lands and can be very rough. There are three boat ramps on the Refuge; most visitors use the main ramp at Lake Walcott State Park. Primitive ramps are located at the south Gifford Springs access point, and at the end of the Tule Island access road. Ample parking areas are provided at Lake Walcott State Park. The west hunt unit has six parking areas, while the east hunt unit has one parking area.

Anticipated Direct And Indirect Impacts Alternative A (Proposed Action): No additional infrastructure would be built to accommodate the proposed hunts. Vehicle traffic may increase slightly due to the proposed hunts, but hunters would be required to use existing access points, roads, and parking areas. Off-road vehicles would continue to be prohibited. Should conflicts develop in the future, the Service would change the programs to minimize conflicts and ensure public safety. To avoid potential conflicts, the Refuge would implement the following actions: • Maintain boundary and hunting area signs to clearly define the designated hunting areas; • Allow vehicle traffic only on designated roads and parking areas;

Minidoka NWR Environmental Assessment for Elk Hunting 29 June 2019 • Install signs in parking areas to allow only pedestrian hunter access to hunting areas; • Manage the hunts in strict accordance with all applicable federal laws (50 CFR Subchapter C), and consistent with applicable state laws; and • Field checks for compliance with regulations would be conducted by Service and IDFG law enforcement officers during routine patrols Alternative B: No additional hunting would occur on the Refuge; therefore existing land use and infrastructure would remain the same as at present, and impacts to the Refuge’s lands and infrastructure would remain the same as at present.

Refuge Administration

The Refuge is administered by the Southeast Idaho National Wildlife Refuge Complex (Complex), which administers the Deer Flat, Camas, Bear Lake, and Grays Lake National Wildlife Refuges. Only the Refuge Manager and Wildlife Biologist are stationed at Minidoka NWR; they are responsible for day-to-day operations. Law enforcement is currently covered by one Refuge officer who covers the Southeast Idaho National Wildlife Refuges, with assistance from members of the Minidoka, Cassia, and Power County sheriff’s offices, IDFG, and the Idaho State Police. The distance of the Refuge to shared staff can present logistical challenges. However, they can be overcome by incorporating the management of the elk hunt into existing hunt programs currently in place within the Complex.

Anticipated Direct And Indirect Impacts Alternative A (Proposed Action): The proposed elk hunt would fall within the state hunting framework and would be administered and managed largely by IDFG. The proposed elk hunts would require relatively little oversight from Refuge staff as they would be included in the typical work associated with current hunts. Estimated costs to implement this alternative would be approximately $4,000.00 annually to cover staff time needed to consult and coordinate with the state and to cover costs of additional law enforcement patrols to enforce hunting regulations, and $10,000 in one-time costs to for new brochures and signs. This would represent a minor negative impact on Refuge staff and budget and would result in the Refuge having to reduce other priority actions. Service and IDFG law enforcement officers will perform field checks. Alternative B: No additional hunting would occur on the Refuge; staffing and funding devoted to hunting programs would remain unchanged.

Minidoka NWR Environmental Assessment for Elk Hunting 30 June 2019 Table 4. Affected Socioeconomics and Anticipated Impacts of the Proposed Action and No Action Alternatives

Local and Regional Economies

The Refuge lies within Minidoka, Cassia, Blaine, and Power Counties, Idaho. Most of the Refuge area lies within Blaine and Cassia counties. These counties are primarily rural, with populations of 21,376 and 22,952, respectively, in 2010. Small portions of the Refuge lie within Minidoka and Power counties (populations 20,069 and 7,817 in 2010). (U.S. Census, American Fact Finder). Nearby towns are Rupert (12 miles from the Refuge), with a population of 5,554 in 2010, and Burley (18 miles from the Refuge), with a population of 10.345 in 2010. The predominant land uses in the vicinity of the Refuge are irrigated farming and grazing of livestock under permit with the BLM. The Refuge estimates an average of 65,000 visitors per year. It appears that most visitors to the Refuge are from the local (Rupert/Burley/American Falls) area; therefore, expenditures from visitors would be expected to be relatively low.

Anticipated Direct And Indirect Impacts Alternative A (Proposed Action): The small number of additional hunters expected to participate in these hunts would likely buy food, gas, and supplies from local businesses. As a result of the elk hunt, fewer elk would be expected to use the eastern portion of the Refuge, and crop damage on adjacent farms would be expected to decrease. However, due to the limited number of hunters and elk taken, the effect to farm income would be minor positive to negligible. Relative to the size of the local economy, these effects would be negligible. Alternative B: Under this alternative, additional hunts would not be implemented; therefore current public uses of the Refuge would continue. Economic impacts to the local and regional economy from Refuge visitation would remain at current levels.

Agricultural Practices and Safety Issues

Minidoka NWR lies within an area of mostly BLM lands that are used primarily for livestock grazing; however, private lands that are intensively managed for agriculture are adjacent to the Refuge’s eastern boundaries in the Coldwater area. A herd of 50-60 elk use the eastern portion of the Refuge and have been reported to cause damage to crops on adjacent private lands. Figures for crop losses due to elk damage are not available at this time. There have consistently been two landowners during the last five years that have reported elk damage, mostly to corn during July, August, and September, and to fences (Krueger, Refuge Manager, pers. comm. with Horseman, Landowner Sportsman Coordinator, 1/30/2019).

Minidoka NWR Environmental Assessment for Elk Hunting 31 June 2019 Anticipated Direct And Indirect Impacts Alternative A (Proposed Action): Under Alternative A. the Service would allow archery elk hunts under the state season for the GMU 68 to provide an additional hunting opportunity and to help IDFG meet its goal of maintain elk numbers at levels which limit agricultural damage yet provide a desirable hunting opportunity and experience. The number of tags used and its impacts to the herd cannot be definitively determined. It is reasonable to expect the hunts would reduce depredation damage to surrounding farmlands, but the effect would likely be minor. Alternative B: Under Alternative B, additional hunts would not be implemented; therefore, current agricultural impacts off the Refuge would continue. Economic impacts to the local and regional economy from elk using the Refuge would remain at current levels.

Environmental Justice

Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, requires all federal agencies to incorporate environmental justice into their missions by identifying and addressing disproportionately high or adverse human health or environmental effects of their programs and policies on minorities and low-income populations and communities.

Anticipated Direct And Indirect Impacts Alternative A (Proposed Action) and Alternative B: The Service has not identified any potential high and adverse environmental or human health impacts from this proposed action. The Service has identified minority or low income communities within the impact area. The communities of Rupert and Burley have higher poverty levels than overall for their counties, the state of Idaho, or the U.S. as a whole. These communities also have large Hispanic or Latino populations (approximately 40 percent of the total) relative to the state or the U.S. as a whole. However, minority or low income communities will not be disproportionately affected by any impacts from the proposed action.

Minidoka NWR Environmental Assessment for Elk Hunting 32 June 2019 Cumulative Impact Analysis: Cumulative impacts are defined as “the impact on the environment which results from the incremental impact of the action when added to other past, present, and reasonably foreseeable future actions regardless of what agency (federal or non-federal) or person undertakes such other actions” (40 CFR 1508.7). Table 5. Anticipated Cumulative Impacts of the Proposed Action and Any Alternatives

Other Past, Present, and Reasonably Foreseeable Activity Impacting Descriptions of Anticipated Cumulative Impacts Affected Environment

Wildlife-dependent recreation The Refuge would consistently coordinate with the state about the hunting program. Under the proposed action Refuges, including Minidoka National alternative, the Refuge would allow the harvest of elk Wildlife Refuge, conduct hunting under the state general season archery hunts, which are programs within the framework of state currently conducted on lands surrounding the Refuge. and federal regulations. Population estimates of huntable species are The proposed hunts would have a negligible effect on developed at a regional, state, and regional and statewide wildlife populations. Wildlife continental scale. Hunting frameworks management of populations is important to ensure the and take limits are set based upon these health of the ecosystem, and the Refuge’s hunt program estimates. The proposed Refuge hunting provides minor, additional beneficial impacts to the program rules will conform to hunting cumulative impacts of wildlife management in the state. regulations in the state of Idaho that have As a result, changes or additions to hunting on the Refuge been set for this WMU. By maintaining will have minor effects on wildlife species in Idaho. hunting regulations that are the same as Although the Preferred Alternative would increase hunting or more restrictive than the state, opportunities compared to the No Action Alternative, only individual Refuges ensure that they are limited numbers of hunters would be on the Refuge at any maintaining seasons which are given time. The slight increase in hunter activity will not supportive of management on a more rise to a significant cumulative effect locally, regionally, regional basis. Such an approach also or nationally. provides consistency with large-scale population status and objectives.

Agricultural land uses The current use of the area surrounding the Refuge for livestock grazing and agriculture is expected to continue. The Refuge is mostly surrounded by The proposed hunts are consistent with agricultural land BLM lands which are open to livestock use since they either do not interfere with off-Refuge lands grazing. Private agricultural lands are or are consistent in working toward IDFG’s goal of adjacent to small portions of the Refuge, maintaining elk numbers at levels which limit agricultural including the East Hunt Unit. Conversion damage in this GMU. of these areas is not anticipated. Crop

Minidoka NWR Environmental Assessment for Elk Hunting 33 June 2019 depredation of fields adjacent to the Refuge have been reported by IDFG.

Climate Change The proposed action is not anticipated to contribute to the impacts of climate change. Climate change is expected to affect a variety of natural processes and associated resources. However, the complexity of ecological systems means that there is a tremendous amount of uncertainty about the impact climate change will actually have. The combination of increased frequency and severity of drought and increased frequency of wildfire in the eastern Snake River Plain could dramatically alter the available wildlife habitat on the Refuge and surrounding areas.

Monitoring Both the Service and IDFG would maintain compliance with hunting regulations by performing field checks during routine patrols. Hunters would report harvest of elk to IDFG. IDFG would continue to monitor elk populations in the Big Desert Zone and Game Management Unit 68, which includes the Refuge, to determine the response of elk to management.

Summary of Analysis: The purpose of this EA is to provide sufficient evidence and analysis for determining whether to prepare an Environmental Impact Statement (EIS) or a Finding of No Significant Impact (FONSI). Alternative A – Proposed Action Alternative As described above, Alternative A would result in minimal, short-term adverse impacts on habitat and wildlife. The Service believes that elk hunting on the Minidoka National Wildlife Refuge would not have a significant impact on regional or statewide elk populations. The percentage likely to be taken on the Refuge, though additive to existing hunting takes, would be a tiny fraction of the estimated statewide populations. Therefore, these hunts would no more than slightly add to the cumulative impacts to elk stemming from hunting at the regional or state levels. In addition, overall populations would continue to be monitored and future harvests will be adjusted as needed under the existing state regulatory processes.

Minidoka NWR Environmental Assessment for Elk Hunting 34 June 2019 While Alternative A would result in minor, short-term increases in wildlife-dependent recreation opportunities on the Refuge, and benefit the local agricultural sector through potentially reduced crop damage, as summarized above, none of the impacts, even when accumulated, would be significant on the human environment. This alternative is the Service’s preferred action because we believe it offers the best opportunity for expanding public hunt opportunities while resulting in minimal impacts on both the physical and biological resources. Opening the Refuge to these hunts as proposed under this alternative will help accomplish the requirement of the Refuge under the NWRSAA to provide for compatible, wildlife- dependent recreational opportunities while helping to fulfill Secretarial Orders 3447 and 3356. Conclusion: Based on the above analyses, the Service has determined that the Service’s proposed preferred action alternative would not have a significant impact on the human environment. Alternative B – No Action Alternative As described above, under Alternative B, the Refuge’s current visitor program would remain unchanged. No additional hunting would occur on the Refuge. A small elk herd would continue to use the Refuge and cause crop damage on adjacent agricultural lands, resulting in economic losses annually to agricultural producers adjacent to the Refuge. No additional hunt opportunities would be provided and the Refuge would not come closer to aligning Refuge hunt regulations with nearby state regulations. Alternative B would result in negligible impacts to Minidoka NWR’s open water (reservoir), wetland, riparian, and upland habitats. As currently proposed, the Service does not recommend or prefer this alternative, because elk that use the Refuge would continue to depredate adjacent agricultural lands, and because the Refuge would not provide additional hunting opportunities.

List of Sources, Agencies and Persons Consulted: Idaho Department of Fish and Game:

Craig White, Regional Supervisor, IDFG Region 4 Dan Garren, Regional Supervisor, IDFG, Region 5 Idaho Department of Fish and Game cont’d: Doug Meyer, Conservation Officer, IDFG, Region 4 Merritt Horseman, Landowner Sportsman Coordinator, IDFG Region 5

U.S. Fish and Wildlife Service, Pacific Region: Tracy Casselman, Project Leader, Southeast Idaho NWR Complex Jeffrey Krueger, Refuge Manager, Minidoka NWR Laila Lienisch, Regional Chief of Hunting and Fishing

Minidoka NWR Environmental Assessment for Elk Hunting 35 June 2019 Ken Morris, Conservation Planner/ Regional Hunting and Fishing Coordinator Charlie Stenvall, Refuge Supervisor, Pacific Region Brett M. Moule, Chief - Visitor Services and Planning, Pacific Region

References: Hughes, J. M. 2015. Yellow-billed Cuckoo (Coccyzus americanus), version 2.0. In The Birds of North America (P. G. Rodewald, Editor). Cornell Lab of Ornithology, Ithaca, NY, USA. https://doi.org/10.2173/bna.418 Idaho Department of Fish and Game (IDFG). 2014. Idaho Elk Management Plan 2014-2024. Idaho Department of Fish and Game, Boise, ID. Idaho Department of Fish and Game (IDFG). 2017. Idaho State Wildlife Action Plan, 2015. Boise (ID): Idaho Department of Fish and Game. U.S. Fish and Wildlife Service (USFWS). 1995. Snake River Aquatic Species Recovery Plan. Snake River Basin Office, Ecological Services, Boise, Idaho. 92 pp. U.S. Fish and Wildlife Service (USFWS). 2008. Draft Habitat Management Plan for Minidoka National Wildlife Refuge. On file at SE Idaho NWRC Headquarters. U.S. Fish and Wildlife Service (USFWS). 2015. Annual Report of Cultural Resources Management in the US Fish and Wildlife Service Fiscal Year 2015. Available at: https://www.fws.gov/historicpreservation/publications/pdfs/FY15_CR_Report.pdf Accessed July 12, 2016 U.S. Fish and Wildlife Service (USFWS). 2016. Section 110 Low Water Survey. On file at SE Idaho NWRC Headquarters.

List of Preparers: Jeffrey Krueger, Refuge Manager, Minidoka NWR Ken Morris, Conservation Planner/ Regional Hunting and Fishing Coordinator, USFWS Pacific Region Kevin O’Hara Conservation Planner, USFWS Pacific Region Brett M. Moule, Chief - Visitor Services and Planning, Pacific Region State Coordination: IDFG sent a letter dated November 27, 2017 to the Service’s Regional Director requesting that the Service consider an elk hunt in the eastern area of Minidoka NWR. In 2018, the Refuge reviewed Idaho state hunting framework and regulations to find consistency where possible. IDFG’s recommendations were used as the foundation for the hunt plan and the proposed alternative in this EA. On 01/28/2019 SE Idaho NWR Complex Project Leader Tracy Casselman met with Region 5 IDFG Supervisor, Dan Garren, in person to discuss the proposal. Region 4 IDFG Supervisor, Craig White,

Minidoka NWR Environmental Assessment for Elk Hunting 36 June 2019 was unavailable for an in person meeting, however, Casselman did speak with him via phone. He followed up both conversations with follow up emails to both IDFG Region 5 and Region 4 Supervisors. IDFG will be given an advance copy of this Draft Hunt Plan and EA and will be invited to provide comments, prior to issuance of the Draft Hunt Plan and EA for public comment.

Tribal Consultation: Refuge staff meet twice annually with Shoshone-Bannock Tribes (SBT) natural and cultural resource staff. Throughout these meetings the SBT has made is clear that any changes to hunting, fishing or public access at Minidoka are of intense concern, due to the culturally important sites that exist on the Refuge. In 2018, Project Leader Tracy Casselman informed SBT representatives that the Department of Interior set a goal of expanding hunting on national wildlife refuges and that the Regional Director had received a letter from IDFG requesting additional hunting and fishing opportunities at Minidoka NWR. The Tribe responded to this news with a letter to the Regional Director stating their concerns.

On January 28, 2019, Project Leader Tracy Casselman spoke with Christina Cutler, Environmental Coordinator for the SBT to explain the currently proposed changes: opening archery elk hunting on the east hunt unit and expanding the boating season into October. A follow up email was provided.

The SBT will be given an advance copy of the Draft EA and Hunt Plan and invited to provide comments, prior to issuance of the Draft EA for public comment.

Public Outreach: This Draft EA and Hunt Plan will be posted on the Refuge website and public comment will be solicited. Comments or requests for additional information may be submitted through any of the following methods: Email: [email protected] Include “Minidoka Hunt” in the subject line of the message. Fax: Attn: Minidoka Elk Hunt (208) 436-1570. U.S. Mail: U.S. Fish and Wildlife Service, Attn: Jeffrey Krueger, Refuge Manager, Minidoka NWR Headquarters 961 E Minidoka Dam Road, Rupert, ID 83350 All comments received from individuals become part of the official public record. We will handle all requests for such comments in accordance with the Freedom of Information Act and the CEQ’s NEPA regulations in 40 CFR 1506.6(f). The Service’s practice is to make comments, including names and home addresses of respondents, available for public review during regular business hours. Individual respondents may request that we withhold their home address from the record, which we will honor to the extent allowable by law. If you wish us to withhold your name and/or address, you must state this prominently at the beginning of your comments.

Minidoka NWR Environmental Assessment for Elk Hunting 37 June 2019 Minidoka NWR Environmental Assessment for Elk Hunting 38 June 2019 Determination: This section will be filled out upon completion of any public comment period and at the time of finalization of the Environmental Assessment.

The Service’s action will not result in a significant impact on the quality of the human environment. See the attached “Finding of No Significant Impact”.

The Service’s action may significantly affect the quality of the human environment and the Service will prepare an Environmental Impact Statement.

Preparer Signature: ______Date:______

Name/Title/Organization: ______

______

Reviewer Signature: ______Date:______

Name/Title: ______

Minidoka NWR Environmental Assessment for Elk Hunting 39 June 2019 APPENDIX 1 OTHER APPLICABLE STATUES, EXECUTIVE ORDERS & REGULATIONS

STATUTES, EXECUTIVE ORDERS, AND REGULATIONS

Cultural Resources American Indian Religious The proposed action includes no ground-disturbing activities, or Freedom Act, as amended, 42 other activities that might disturb undocumented U.S.C. 1996 – 1996a; 43 CFR paleontological, archaeological, or historic sites. Part 7 Antiquities Act of 1906, 16 U.S.C. 431-433; 43 CFR Part 3 Archaeological Resources Protection Act of 1979, 16 U.S.C. 470aa – 470mm; 18 CFR Part 1312; 32 CFR Part 229; 36 CFR Part 296; 43 CFR Part 7 National Historic Preservation Act of 1966, as amended, 16 U.S.C. 470-470x-6; 36 CFR Parts 60, 63, 78, 79, 800, 801, and 810 Paleontological Resources Protection Act, 16 U.S.C. 470aaa – 470aaa-11 Native American Graves Protection and Repatriation Act, 25 U.S.C. 3001-3013; 43 CFR Part 10 Executive Order 11593 – Protection and Enhancement of the Cultural Environment, 36 Fed. Reg. 8921 (1971) Executive Order 13007 – Indian Sacred Sites, 61 Fed. Reg. 26771 (1996)

Minidoka NWR Environmental Assessment for Elk Hunting 40 June 2019 Fish & Wildlife Bald and Golden Eagle No changes are proposed to current Refuge-specific hunting Protection Act, as amended, 16 regulations for migratory birds and upland game birds. U.S.C. 668-668c, 50 CFR 22 Two federally threatened or endangered species (Snake River Endangered Species Act of physa and yellow-billed cuckoo) occur on the Refuge but have 1973, as amended, 16 U.S.C. not been documented to occur in, and are not likely to use, 1531-1544; 36 CFR Part 13; 50 habitat in the proposed elk hunt area. CFR Parts 10, 17, 23, 81, 217, The Preferred Alternative is consistent with Executive Order 222, 225, 402, and 450 13186 because the Environmental Assessment for Elk Hunting Fish and Wildlife Act of 1956, on Minidoka NWR evaluates the effects of agency actions on 16 U.S.C. 742 a-m migratory birds. Lacey Act, as amended, 16 U.S.C. 3371 et seq.; 15 CFR Parts 10, 11, 12, 14, 300, and 904 Migratory Bird Treaty Act, as amended, 16 U.S.C. 703-712; 50 CFR Parts 10, 12, 20, and 21 Executive Order 13186 – Responsibilities of Federal Agencies to Protect Migratory Birds, 66 Fed. Reg. 3853 (2001)

Natural Resources The Service has evaluated the suitability of the Minidoka Refuge for wilderness designation and concluded that the Clean Air Act, as amended, 42 Refuge does not meet the basic criteria for inclusion into the U.S.C. 7401-7671q; 40 CFR National Wilderness Preservation System. Parts 23, 50, 51, 52, 58, 60, 61, 82, and 93; 48 CFR Part 23 The Service has evaluated the eligibility of streams on Minidoka Refuge for wild and scenic river designation and concluded no Wilderness Act, 16 U.S.C. 1131 streams meet the basic criteria for inclusion into the National et seq. Wild and Scenic Rivers System Wild and Scenic Rivers Act, 16 The proposed action would have negligible effects to air quality. U.S.C. 1271 et seq. The Preferred Alternative is consistent with Executive Order Executive Order 13112 – 13112 because stipulations in permits would be designed to Invasive Species, 64 Fed. Reg. prevent the introduction of invasive species. 6183 (1999)

Minidoka NWR Environmental Assessment for Elk Hunting 41 June 2019 Water Resources Coastal Zone Management Act The Refuge does not lie in a coastal zone, and contains no of 1972, 16 U.S.C. harbors. The Snake River runs through the Refuge; however the proposed action would occur on the land portion of the refuge 1451 et seq.; 15 CFR Parts 923, and would have no effect to the river or navigation thereof. 930, 933 There would be negligible impacts of the proposed action on Federal Water Pollution Control water quality or water resources. Act of 1972 (commonly referred to as Clean Water Act), The Refuge contains no drinking water sources and does not 33 U.S.C. 1251 et seq.; 33 CFR supply drinking water to any community. Parts 320-330; 40 CFR Parts The Preferred Alternative is consistent with Executive Order 110, 112, 116, 117, 230-232, 11990 because implementation of the Hunt Plan would protect 323, and 328 existing wetlands. Rivers and Harbors Act of The Preferred Alternative is consistent with Executive Order 1899, as amended, 33 U.S.C. 11988, because implementation of the Hunt Plan would not 401 et seq.; 33 CFR Parts 114, result in the modification or destruction of floodplains. 115, 116, 321, 322, and 333 Safe Drinking Water Act of 1974, 42 U.S.C. 300f et seq.; 40 CFR Parts 141-148 Executive Order 11988 – Floodplain Management, 42 Fed. Reg. 26951 (1977) Executive Order 11990 – Protection of Wetlands, 42 Fed. Reg. 26961 (1977)

Minidoka NWR Environmental Assessment for Elk Hunting 42 June 2019 APPENDIX 2

ENDANGERED SPECIES ACT SECTION 7 CONSULTATION

Minidoka NWR Environmental Assessment for Elk Hunting 43 June 2019 Endangered Species Act Section 7 Consultation Form For Archery Elk Hunting at Minidoka National Wildlife Refuge

Refuge Name: Minidoka NWR Address: 961 E. Minidoka Dam Road, Rupert, ID 83350 Phone: 208-436-3589

Refuge Action: Minidoka National Wildlife Refuge (NWR) is proposing to open the East Hunt Unit to archery elk hunting in accordance with existing State, local, and refuge-specific regulations (50 CFR 32).

Part 1

I. Project Overview

1. Project Location

The East Hunt Unit of Minidoka NWR is accessed from the Coldwater parking area via the Tule Island Access Road off Interstate 86, approximately 30 miles east of Rupert, ID (see attached map). Latitude: 42°37'18.52"N, Longitude: 113°08'06.78"W

2. Description of the Proposed Action The US Fish and Wildlife Service (Service) is proposing to open a new hunting opportunity for elk at the Minidoka National Wildlife Refuge (MNWR, Refuge) in Idaho. The purposes of the proposed action are to address Secretarial Orders 3347 and 3356 by opening a new hunting opportunity on the Refuge and more closely align Refuge hunting regulations with Idaho State hunting regulations, while also addressing agricultural damage concerns adjacent to the Refuge. The proposed hunts will occur on the East Hunt Unit of the Refuge that is already open to ducks, geese, coots, snipe, pheasants, partridge, and cottontail hunting. The southern mainland portion of the East Hunt Unit of Minidoka NWR (300 acres) would be open for hunting during the State archery elk season only. The hunt would be part of the Elk A Tag for the Big Desert Zone hunt as described by IDFG. Hunt dates in 2018 were from August 1 to September 30. The August 1-30 hunt is specifically address crop damage and the only areas of GMU 68 that can be hunted are those that are within one mile of agricultural fields, which includes all of the East Hunt Unit. In the Aug 30 to September 30 hunt, all of GMU 68 can be hunted. The proposed hunt would coincide with all state regulations and season dates as established by the Idaho Department of Fish and Game (IDFG). Both General A Tag archery hunts would be allowed on the Refuge. Currently, elk hunting for either sex is from August 1 through September 30, although IDFG may changes those dates in the future. All elk hunters must carry a valid Idaho hunting license with archery permit validation. Elk hunters will be required to have

44 an “A” tag for elk for the Big Desert Zone issued by IDFG. No refuge permit is required. IDFG does not limit the number of elk tags in the Big Desert Zone. The hunt would occur only on the southern mainland portion of the Unit. The East Hunt Unit lies within the area of the refuge that is closed to boating; therefore elk hunters would not be able to use boats to access Tule Island or either shore of the river. Tule Island and the north mainland portion of the Unit would remain closed to elk hunting. Access to the southern portion of the hunt area would be provided at the Coldwater parking area (Parking Area G), at the end of the Tule Island Access Road, which can be accessed from Barkdull Road (Exit 21 on Interstate 86). Permission is required from private landowners to access the hunt unit via private lands. In accordance with Idaho regulations, elk may be hunted only from one-half hour before sunrise to one-half hour after sunset. Only foot traffic would be allowed; motorized vehicles are prohibited off-road. No overnight camping or campfires would be allowed. No permanent blinds would be allowed. Temporary blinds and tree stands would be required to be removed daily. An Environmental Assessment, Compatibility Determination, and Hunt Plan evaluate the proposed archery elk-hunting program at the Refuge. Detailed descriptions of the program and the environmental effects associated with providing this opportunity are described in those documents. 3. Project Timeline Archery elk will be opened on Minidoka NWR in the fall of 2019 or 2020 and remain open until closed.

4. Federally Listed Species and Critical Habitat

A. Listed species and/or their critical habitat: Yellow-billed cuckoo (Coccyzus americanus), listed as threatened, and the Snake River physa (Physella natricina), listed as endangered.

B. Proposed species and/or proposed critical habitat: N/A

C. Candidate species1: N/A

II. Effects Determination and Response Requested: Determination A. no effect/no adverse modification Snake River physa (Physella natricina): The Snake River physa was listed endangered on December 12, 1992 (57 FR 59244). It is an aquatic snail endemic to Idaho. The proposed

1 Include state-listed species here if they are to be evaluated through the Section 7 consultation.

45 hunting areas provide no habitat for this aquatic species, which occurs on the undersides of gravel-to-boulder size substrate in swift current in the mainstem Snake River (USFWS 1995). There is no proposed or designated critical habitat for the Snake River physa. Current research indicates the range stretches from Minidoka Dam as far downstream as Ontario, Oregon. The population below Minidoka dam is considered to be persistent (IDFG 2017). The long-term population trend is unknown, although the short-term (10-year) trend is considered to be relatively stable (≤10% change) (IDFG 2017.). critical habitat: No critical habitat present.

B. may affect, but is not likely to adversely affect species/adversely modify critical habitat Yellow-billed cuckoo (Coccyzus americanus): The yellow-billed cuckoo was listed as threatened on October 3, 2014 (79 FR 59992). It is a riparian obligate that nests almost exclusively in low to moderate elevation riparian woodlands with native broadleaf trees and shrubs that are 50 acres or more in extent within arid to semiarid landscapes. At the landscape level, the amount of cottonwood–willow-dominated vegetation cover and the width of riparian habitat influence western yellow-billed cuckoo breeding distribution. The presence of point bars and low woody vegetation are important features of nesting habitat, indicating healthy river hydraulics and active habitat succession. Occupancy increases with patch size greater than 100 acres and when surrounded by native habitats. (IDFG 2017). Yellow-billed cuckoo are a neo-tropical long-range migrant that winters almost entirely in South America east of the Andes. In the western U.S. cuckoos arrive on their breeding grounds starting mid- to late-May They depart their breeding grounds beginning in late August with most birds gone by mid-September (Hughes 2015) Yellow-billed cuckoo have been observed outside the proposed hunt area, near Walcott Park. They require riparian habitat with a well-developed overstory of large cottonwoods, which does not occur in the East Hunt Unit of the Refuge. Impacts to yellow-billed cuckoo related to the archery elk hunts are expected to be negligible. The Refuge is not designated or proposed critical habitat. Their preferred riparian habitat of tall- stature willows and cottonwood does not occur on the East Hunt Unit and the species has not been observed there. Additionally, the hunt dates occur outside their breeding season and newly hatched birds would have fledged prior to the commencement of the hunt. Hunters would only very rarely encounter a yellow-billed cuckoo which may temporarily disturb individual birds but would not result in lethal take.

______Signature of Preparer Date

Evaluation by Project Leader:

1. For A & B above: Concurrence ______Non-concurrence ______2. For C above: Formal consultation required ______

46 3. For D above: Conference required ______

______Signature of Project Leader Date

References Hughes, J. M. 2015. Yellow-billed Cuckoo (Coccyzus americanus), version 2.0. In The Birds of North America (P. G. Rodewald, Editor). Cornell Lab of Ornithology, Ithaca, NY, USA. https://doi.org/10.2173/bna.418 Idaho Department of Fish and Game (IDFG). 2017. Idaho State Wildlife Action Plan, 2015. Boise (ID): Idaho Department of Fish and Game. U.S. Fish and Wildlife Service (USFWS). 1995. Snake River Aquatic Species Recovery Plan. Snake River Basin Office, Ecological Services, Boise, Idaho. 92 pp.

47 Appendix B. Draft Compatibility Determination for Big Game (Elk) Hunting on Minidoka National Wildlife Refuge

Minidoka NWR Draft Elk Hunting Plan Page 48 Appendix B Draft Compatibility Determination for Big Game (Elk) Hunting on Minidoka National Wildlife Refuge

Use: Big Game Hunting (Elk)

Refuge Name: Minidoka National Wildlife Refuge (NWR, Refuge)

Location: Minidoka, Blaine, Cassia, and Power Counties, Idaho

Date Established: 1909

Establishing and Acquisition Authorities:

 Exective Order (E.O.) 1032, February 25, 1909, established several reservoir sites, including the Minidoka NWR as “preserves and breeding grounds for native birds”;  E.O. 1486, February 21, 1912, enlarged the Refuge to include all of Lake Walcott;  E.O. 5375, June 23, 1930, enlarged the Minidoka Bird Reservation;  E.O. 7417, July 17, 1936, superseded, through revocation, E.O.s 1032, 1486, 5375; withdrew lands “as a refuge and breeding ground for birds and other wildlife…The greater part of the land herein reserved has been withdrawn for reclamation purposes in connection with the Minidoka Irrigation Project…The reservation of such land as a wildlife refuge is subject to the use therof by said Department for irrigation and incidental purposes.”;and  E.O. 8600, November 26, 1940, changed the name of the Refuge from “Minidoka Wildlife Refuge” to “Minidoka National Wildlife Refuge” and added 360 acres (withdrawn for reclamation purposes) to the Refuge boundary.

“. . .as a refuge and breeding ground for birds and other wildlife” (Executive Order 7417, July 17, 1936).

National Wildlife Refuge System Mission:

“… to administer a national network of lands and waters for the conservation, management, and where appropriate, restoration of the fish, wildlife, and plant resources and their habitats within the United States for the benefit of present and future generations of Americans” (National Wildlife Refuge System Administration Act of 1966, as amended [16 U.S.C. 668dd-668ee]).

Description of Use:

Current Use:

Currently, big game hunting is not allowed on Minidoka NWR.

Minidoka NWR Draft Compatibility Determination for Elk Hunting 1 Proposed Use:

The Service proposes to open a portion of the Refuge’s East Hunt Unit in fall 2019 to big game (elk) hunting as prescribed by Idaho Fish and Game (IDFG). The East Hunt Unit is currently open to migratory bird and upland game hunting. The elk hunt would occur only in the mainland portion of the unit that is south of the Snake River (300 acres). The elk hunt will occur during the Idaho general A tag (archery) season for Unit 68 in the Big Desert Zone. Currently, the archery hunt for either sex is from August 1 through September 30, although IDFG may change those dates in the future. In 2018, the seasons were as follows:

2018 Elk Hunting Seasons for Minidoka NWR Open Close Sex/Antler Method Area 8/1/18 8/30/18 Either-sex Archery Portion of Unit 68* 8/30/18 9/30/18 Either-sex Archery Big Desert Zone *Within 1 mile of cultivated fields only - Source: https://idfg.idaho.gov/sites/default/files/seasons-rules-big-game-elk-2017-2018.pdf - For more information see https://idfg.idaho.gov/ifwis/huntplanner/tag/?id=11443

Since all of the East Hunt Unit lies within one mile of cultivated fields on private lands, the entire elk hunting area would be open to hunting from August 1 through August 30, and August 30 through September 30. The East Hunt Unit lies within an area of the Refuge that is closed to boating; therefore, elk hunters would not be allowed to use boats to access Tule Island or either shore of the river. Tule Island would remain closed to elk hunting.

Elk hunters may enter the East Hunt Unit one and one-half hours before legal hunting time and remain until one and one-half hours after legal hunting time. (Legal hunting time under state regulations is one-half hour before sunrise to one-half hour after sunset.) Access to the elk hunt area would be provided at the Coldwater parking area (Parking Area G), at the end of the Tule Island Access Road, which can be accessed from Barkdull Road (Exit 21 off Interstate 86). All other areas require access through private land (landowner permission) before reaching the Refuge. Hunters will self-navigate to their location on foot; vehicles are prohibited off-road.

Elk hunters must comply with all applicable IDFG regulations. Under current regulations, elk hunters must carry a valid Idaho hunting license with archery permit validation. Elk hunters will be required to have an “A” tag for elk for the Big Desert Zone issued by IDFG. No Refuge permit is required. Only longbows, compound bows, or recurve bows may be used, in compliance with general archery equipment requirements, except that hunters possessing a disabled archery permit may use a device that holds a bow at partial or full draw, and may use a crossbow. Specific Refuge regulations are described in the Stipulations Necessary to Ensure Compatibility section below.

Hunters would be asked to make every effort to retrieve wounded game. Successful hunters (or designated assistants of mobility-impaired hunters) would be allowed to move a harvested elk to the nearest established, designated Refuge road by foot. Vehicles can then be used to remove the elk from the Refuge. If a mobility impaired hunter does not have an assistant, Refuge personnel or a trained volunteer would aid in the removal of elk and would determine the best route for removal of game. If a wounded animal leaves the area open to elk hunting on the Refuge and enters an area that is closed to hunting, the hunter or assistant would be escorted by Refuge staff or a trained volunteer to retrieve the game. If a wounded animal leaves the Refuge and enters private land, permission must by granted by private landowners to attempt retrieval, in accordance with Idaho laws. Why this use is being proposed: The purpose of this proposed action is to provide compatible wildlife-dependent recreational opportunities on Minidoka NWR and to offer additional hunting opportunities and greater alignment with the state as mandated by Secretarial Orders 3347 and 3356. The need of the proposed action is to meet the Service’s priorities and mandates as outlined by the National Wildlife Refuge System Improvement Act (NWRSIA) of 1997. The NWRSIA “recognize(s) compatible wildlife-dependent recreational uses as the priority general uses of the NWRS” and “ensure that opportunities are provided within the NWRS for compatible wildlife- dependent recreational uses” 16 U.S.C. 668dd(a)(4)). An additional purpose of the proposed elk hunt is to provide the state with a strategy to maintain elk numbers at levels which limit agricultural damage, and provide a desirable hunting opportunity and experience.

The objectives of the proposed elk hunt on Minidoka NWR are: 1) To provide compatible wildlife- dependent recreational opportunities as mandated by and according to Service law and policy; (2) To provide additional hunting opportunities and greater alignment with the state as mandated by Secretarial Orders Number 3347 and 3356; and (3) To provide the state with a strategy to maintain elk numbers at levels which limit agricultural damage and provide a desirable hunting opportunity and experience. The hunt would offer a reasonable opportunity to harvest elk. The elk hunt would help alleviate localized depredation issues on nearby agricultural lands by reducing the elk population, and/or dispersing elk onto adjacent private or public (BLM) lands where they may be hunted.

Need and Availability of Resources: The Refuge is administered by the Southeast Idaho National Wildlife Refuge Complex (Complex), which also administers the Deer Flat, Camas, Bear Lake, and Grays Lake National Wildlife Refuges. Only the Refuge Manager and Wildlife Biologist are stationed at Minidoka NWR; they are responsible for day-to-day operations. Much of the work accomplished on the Refuge is done by personnel stationed at Complex headquarters, located in Chubbuck ID and other refuges in the Complex. The distance of the Refuge to shared staff can present logistical challenges. However, they can be overcome by incorporating the management of the elk hunt into existing hunt programs currently in place within the Complex Given that the proposed elk hunt would fall within the state hunting framework which is managed by IDFG, the proposed elk hunts would require relatively little oversight from Refuge staff. Some costs associated with the elk hunt would be shared with the existing hunt programs (e.g., maintenance of road and parking area). Estimated costs to implement the hunt would be approximately $4,000.00 annually to cover staff time needed to consult and coordinate with the state and to cover costs of additional law enforcement patrols to enforce hunting regulations, and $10,000 in one-time costs to for new brochures and signs. There are currently enough funds in Refuge operations to implement this program.

Minidoka NWR Draft Compatibility Determination for Elk Hunting 3 Anticipated Impacts of Described Use:

Impacts to Habitats: Fires, overnight camping, and use of off-road vehicles by hunters would be prohibited. Foot travel associated with additional hunting could potentially result in trampling vegetation and soil disturbance, especially in ingress and egress routes (Cole 2004). But these impacts are expected to be minor and temporary, given the limited number of hunters expected on the Refuge for the archery elk hunt. Loss of plants from foot traffic would be minor and temporary and would likely occur on existing trails or game trails created by wildlife movement.

Impacts to Elk: Hunting can result in the direct and indirect impacts to wildlife. Direct impacts include the take or wounding of an individual animal. Indirect impacts can include the aleration of habitat and disturbance to animals caused by hunting (DeLong 2002). Hunting pressure can alter behavior (e.g., foraging time), population structure, and distribution patterns of wildlife (Knight and Cole 1991. Knight and Cole 1995, Knight and Temple 1995). The Refuge staff has coordinated closely with IDFG in developing an elk hunt that falls within frameworks for the general elk hunt within Game Management Unit (GMU) 68. The proposed elk hunt would provide a quality hunting experience while supporting IDFG’s objectives for the Big Desert Management Zone (which includes GMUs 52A and 68). IDFG’s proposed 10-year management direction for the Big Desert Zone is as follows: “Reduce elk populations to lower levels. Hunts have been designed to help address elk damage to agricultural crops in the times and places where it occurs…Where agricultural concerns are now at manageable levels - such as in much of Unit 68 - elk numbers will be maintained at levels which limit agricultural damage yet provide a desirable hunting opportunity and experience. As with other zones limited by agricultural impacts, the overall goal is to strike a balance between being responsive to depredation issues while still providing quality hunting opportunity” (IDFG 2014). Aerial elk population surveys are not conducted in the Big Desert Zone because of the large land area and small dispersed groups of elk. Elk populations in this zone are managed using harvest data analysis and minimization of elk depredations on agricultural lands. Elk are local residents of the desert habitat and travel openly on and off the Refuge throughout the year, most notably on the eastern end of the Refuge near neighboring agricultural fields. The current herd in the Coldwater area, which includes the eastern portion of the Refuge and adjacent private lands, is estimated to number around 50-60 animals. They appear to winter south of Interstate 86 and utilize the Refuge as a migration corridor between agricultural fields and bedding areas (Krueger 2018, pers. comm.). In recent years, elk numbers have increased in the Coldwater area, causing damage to crops on private lands surrounding the Refuge. The amount of harvest would be set annually by IDFG based on an analysis of previous years’ harvest data and reported elk depredations on agricultural lands. Take levels are not possible to forecast, but based on the acreage of huntable land at the Refuge and hunting statistics from IDFG (0.12 hunters per square mile and 0.03 elk harvested per square mile) (IDFG 2014), the Service expects hunting pressure to be light with few elk harvested on the unit annually. This would be a minor effect to the overall elk population as the harvest would be detectable but localized, small, and of little consequence to the statewide population of elk. With fewer elk in the Big Desert Zone, elk depredations of private lands may be reduced somewhat, but the amount is not possible to forecast.

Hunting is the traditional means used by IDFG to manage elk populations. The influence of hunting on population dynamics of Idaho elk populations is understood and well documented (Hayes et al. 2002; Hughbanks 1993; Unsworth et al. 1993). The proposed elk hunt may mimic the ecological role that large predators once served, in both removing a segment of the population and also causing disturbance and animal movement. In the absence of many large predators, elk hunting on Minidoka NWR may provide some population level regulation for IDFG, as well as a source of disturbance that modifies animal use patterns. Providing some hunting pressure on the Refuge may disperse elk off the Refuge onto other public or private lands that surround the Refuge where hunting may occur.

As well as causing direct mortality, hunting may be an indirect cause of mortality or reduced herd productivity. Wildlife physiological responses can include the “fight or flight” response, with elevated heart and respiratory rates, or the “freeze” response, with inhibition of activity and reduced heart and respiratory rates (Millspaugh 1999). Most big game ungulates either run (flight) or hide (freeze) in response to hunting pressure. Generally, elk respond to disturbance by fleeing; whereas, deer elude hunters by hiding (Johnson et al. 2005). If animals successfully elude hunters by running, the energetic cost may deplete fat reserves needed for survival during winter in temperate regions.

Elk within GMU 68 could potentially incur higher energy costs due to hunter disturbance from the proposed elk hunt on Minidoka NWR. This could indirectly lead to reduced body condition and reproductive fitness as elk may have to deplete stored fat reserves to avoid hunters and forage on more remote and less secure BLM rangelands.

In summary, the Refuge hunt would result in a minor increase in direct mortality of the elk herd in GMU 68, and could cause a slight decrease reproductive fitness of individual animals. Therefore the hunting program could contribute to a decline in long-term herd productivity in GMU 68. However this would be in line with the IDFG’s elk management objective for the Big Desert Zone, including GMU 68, which is to reduce the current population.

Impacts to Other Wildlife Species: The presence and sighting of hunters traveling to, from, and within hunting areas can disturb non-target wildlife species, such as passerine birds, waterfowl, and other waterbirds using Refuge habitats. This disturbance, when repeated over a period of time, may result in some wildlife species altering food habits or moving to other areas. The proposed archery elk hunts would be allowed on a portion of the East Hunt Unit (approximately 1,094 acres) that is currently open to other hunting opportunities. Only the mainland portion of the East Hunt Unit south of the Snake River (300 acres) would be open to elk hunting. However, while the presence and activity of additional hunters may cause temporary disturbance to other wildlife in the area, there are no foreseeable detrimental impacts to these species, due to the limited number of hunters that would be on the Refuge at any given time, the seasonality of proposed hunts, the availability of adjacent habitat to escape to, and the nature of the hunt (an archery hunt would cause minimal noise disturbance). While the proposed elk hunts fall within the breeding period for western and Clark’s grebes and the molting period for waterfowl, since Tule Island would be closed to the proposed elk hunts and the eastern portion of the Refuge is closed to boating (except for waterfowl hunters within the East Hunt Unit during the waterfowl hunting season), impacts to molting waterfowl and breeding grebes caused by elk hunting would be minimal. The impacts to other species caused by the proposed elk hunts would be minimal, since the hunts would occur from August 1 through September 30, which is a relatively low wildlife use period by most species, other than shorebirds that are beginning to migrate. However, shorebirds would primarily be using the shoreline areas of the reservoir, which are extensive and allow ample area for escape from disturbance. Two species that are protected under the Endangered Species Act of 1973 occur within the boundaries of the Refuge: the yellow-billed cuckoo (threatened) and the Snake River physa

Minidoka NWR Draft Compatibility Determination for Elk Hunting 5 (endangered). Direct and indirect impacts to yellow-billed cuckoo are expected to be negligible. Their preferred riparian habitat of tall-stature willows and cottonwood does not occur on the East Hunt Unit and the species has not been observed there. Additionally, the hunt dates occur outside their breeding season and newly hatched birds would have fledged prior to the commencement of the hunt (Hughes 2015). There would be no direct or indirect effects to the Snake River physa as it is an aquatic species that does not occur on the area we propose to open to elk hunting (USFWS 1995).

Impacts to Other Wildlife-dependent Recreational Uses: Conflicts between elk hunters and other user groups could arise, however, this is not expected to be a significant issue because (1) elk hunting would be restricted to the mainland portion of the East Hunt Unit, which receives minimal visitation; (2) because the elk season is relatively short (2 months, August 1 to September 30); and (3) because only small numbers of elk hunters would be present on the Refuge at any given time. There would be no conflicts between elk hunters and waterfowl hunters, since the state waterfowl season starts after the close of the archery elk season.

Impacts to Adjacent Lands: By offering elk hunting on Minidoka NWR and aligning it with IDFG goals and objectives, it is reasonable that with the harvest of animals and the increased hunt pressure, damage to adjacent farmlands would be slightly reduced.

Summary and Application to Minidoka NWR: The proposed elk hunt on Minidoka NWR may cause declines in the local elk population (GMU 68). However this is consistent with IDFG management of the GMU 68 elk herds. The impact of the Refuge hunting program on regional or statewide elk populations is likely to be inconsequential. While hunting has no positive effects on elk as the activity is occurring, it is well recognized that this activity has given many people a deeper appreciation of wildlife and a better understanding of the importance of conserving their habitat, which has ultimately contributed to the NWRS’s mission.

Public Review and Comment:

Public review and comments for this Draft Compatibility Determination will be solicited in conjunction with release of the Draft Hunt Plan and Environmental Assessment (USFWS 2019) in order to comply with the National Environmental Policy Act and with Service policy. Public review of the Hunt Plan will be conducted concurrently with public review of the Environmental Assessment, before implementing the Refuge elk hunting program.

Determination:

Use is Not Compatible

Use is Compatible with Following Stipulations

Stipulations Necessary to Ensure Compatibility:

 All elk hunters must carry a valid Idaho hunting license with archery permit validation. Elk hunters will be required to have an “A” tag for elk for the Big Desert Zone issued by IDFG;  Elk hunting would be permitted only in the portion of the East Hunt Hunt south of the Snake River;  The Tule Island Access Road is open to vehicles only during the state GMU 68 elk archery season and waterfowl hunting seasons; foot travel is permitted year-round;  Elk hunters may enter the Refuge one and one-half hours before shooting time begins and must leave within one and one-half hours after shooting time ceases, unless retrieving an elk;.  Refuge elk hunting hours will coincide with the IDFG hunting defined state hours for big game, currently one-half hour before sunrise to one-half hour after sunset;  Off-road travel by vehicles, ATVs/UTVs, and horses is prohibited;  Boating, in areas closed to boating, is prohibited (see Refuge public use map at http://cmsstage.fws.doi.net/uploadedFiles/Minidoka%20Map.pdf#a  Hunters (or designated assistants of mobility impaired hunters) must be accompanied by Refuge staff or trained volunteer when entering areas of the Refuge that are closed to hunting in order to retrieve elk;  Elk hunters may only use a longbow, compound bow, or recurve bow, in compliance with general archery equipment requirements, except hunters possessing a disabled archery permit may use a device that holds a bow at partial or full draw, and disabled hunters possessing a permit may use a crossbow;  No dogs are allowed for elk hunting activities;  Camping is prohibited on the Refuge, except in Lake Walcott State Park;  Open fires and fireworks are not allowed at any time;  Firearms may only be discharged in accordance with Refuge hunting regulations, i.e., only during the lawful pursuit of game during legal seasons;  Personal property, including portable blinds and tree stands, must be removed from the Refuge at the end of each day; and  Cutting of live vegetation for blinds is prohibited. Collecting natural objects such as plants, animals, minerals, antlers, and feathers, and objects of antiquity (including Native American artifacts, such as arrowheads) is prohibited.

Justification:

This use has been determined compatible provided the above stipulations are implemented. This use is being permitted as it is a priority public use and would not interfere with the Refuge achieving its purposes of providing “a refuge and breeding ground for migratory birds and other wildlife.” The hunting of elk on the Minidoka NWR would contribute to the mission of the NWRS by providing a wildlife-oriented recreational benefit to Americans. Hunting is also one of the six wildlife-dependent recreational uses of the NWRS as stated in the National Wildlife Refuge System Improvement Act of 1997.

Hunting does result in the taking of individuals within the overall population; however, resident game hunting seasons and bag limits are established by the state of Idaho, ensuring the continued well-being of overall populations within the state. We may conduct hunting programs for resident wildlife species in accordance with state objectives (which in this case includes reducing depredation complaints) if this does not materially detract from or interfere with the purposes for which the Refuge was established.

It is anticipated that wildlife populations would find sufficient food resources and resting places such that their abundance and use of the Refuge would not be measurably lessened from allowing elk hunting to occur on the Refuge. The relatively limited number of individuals expected to be adversely affected by elk hunting on Minidoka NWR would not cause wildlife populations to materially decline, the physiological condition and production of wildlife species would not be impaired, their behavior and normal activity patterns would not be altered dramatically, and their

Minidoka NWR Draft Compatibility Determination for Elk Hunting 7 overall welfare would not be negatively impacted. Thus, allowing elk hunting to occur with stipulations would not materially detract or interfere with the Refuge’s purposes or the Refuge System mission.

Signature: Refuge Manager:______Date:______

Concurrence: Regional Chief:______Date:______

Mandatory Re-Evaluation Date (provide month and year for “allowed” uses only):

2034 Mandatory 15-year Re-evaluation date (for priority public uses)

Mandatory 10-year Re-evaluation date (for all uses other than priority public uses)

NEPA Compliance for Refuge Use Decision:

Categorical Exclusion without Environmental Action Statement

Categorical Exclusion and Environmental Action Statement

X Environmental Assessment and Finding of No Significant Impact

Environmental Impact Statement and Record of Decision

References:

Cole, D.N. 2004. Environmental impacts of outdoor recreation in wildlands. Pages 107–116 in: M.J. Manfredo, J.J. Vaske, B.L. Bruyerre, D.R. Field, and P.J. Brown, eds. Society and natural resources: a summary of knowledge. Jefferson, MO: Modern Litho. DeLong, A.K. 2002. Managing visitor use and disturbance of waterbirds—a literature review of impacts and mitigation measures. Prepared for Stillwater National Wildlife Refuge. Appendix L in: Stillwater National Wildlife Refuge Complex final environmental impact statement for the comprehensive conservation plan and boundary revision, Vol. II. U.S. Department of the Interior, U.S. Fish and Wildlife Service, Region 1. Portland, OR. 114 pp. Hayes, S.G., D.J. Leptich, and P. Zager. 2002. Proximate factors affecting male elk hunting mortality in northern Idaho. Journal of Wildlife Management 66:491–499. Hughbanks, D.L. 1993. Evaluation of a spike only regulation in southeastern Idaho. M.S. thesis. Montana State University, Bozeman, MT. Hughes, J. M. 2015. Yellow-billed Cuckoo (Coccyzus americanus), version 2.0. In The Birds of North America (P. G. Rodewald, Editor). Cornell Lab of Ornithology, Ithaca, NY, USA. https://doi.org/10.2173/bna.418 Idaho Department of Fish and Game (IDFG). 2014. Idaho Elk Management Plan 2014-2024. Idaho Department of Fish and Game, Boise, ID. Idaho Department of Fish and Game (IDFG). 2017. Idaho State Wildlife Action Plan, 2015. Boise (ID): Idaho Department of Fish and Game. Johnson, B.K., A.A. Ager, J.H. Noyes, and N. Cimon. 2005. Elk and mule deer responses to variation in hunting pressure. Pages 127-138 in: M.J. Wisdom, tech ed. The Starkey Project: a synthesis of long-term studies of elk and mule deer. Reprinted from the 2004 Transactions of the North American Wildlife and Natural Resources Conference, Alliance Communications Group. Lawrence, Kansas. Knight, R.L. and D.N. Cole. 1991. Effects of recreational activity on wildlife in wildlands. Transactions of the 56th North American Wildlife and Natural Resources Conference 56:238. Knight, R.L. and D.N. Cole. 1995. Factors that influence wildlife responses to recreationists. Pages 71–79 in: R.L. Knight and K.J. Gutzwiller, eds. Wildlife and recreationists: coexistence through management and research. Washington, D.C.: Island Press. Knight, R.L., and Temple, S.A. 1995. Origin of wildlife responses to recreationists. In: Wildlife and recreationists–Coexistence through management and research. Washington, D.C., Island Press, p. 81–91. Krueger, Refuge Manager pers. comm with Meyer, IDFG Conservation Officer, 12/13/2018. Millspaugh, J.J. 1999. Behavorial and physiological responses of elk to human disturbances in the southern Black Hills, South Dakota. Ph.D. dissertation. University of Washington. 274 pp. Millspaugh, J.J., G.C. Brundige, R.A. Gitzen, and K.J. Raedeke. 2000. Elk and hunter space-use sharing in South Dakota. Journal of Wildlife Management 64:994–1003. Unsworth, J.W., L. Kuck, E.O. Garton, B.R. Butterfield. 1998. Elk habitat selection on the Clearwater National Forest, Idaho. Journal of Wildlife Management 62 (4) (Oct):1255–1263. Unsworth, J.W., L. Kuck, M.D. Scott, and E.O. Garton. 1993. Elk mortality in the Clearwater drainage of northcentral Idaho. Journal of Wildlife Management 57:495–502. U.S. Fish and Wildlife Service (USFWS). 1995. Snake River Aquatic Species Recovery Plan. Snake River Basin Office, Ecological Services, Boise, ID. 92 pp. USFWS (U.S. Fish and Wildlife Service). 2019. Environmental assessment for the draft elk hunt plan, Minidoka National Wildlife Refuge. On file at Minidoka Refuge. Hamer, ID.

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