Draft Compatibility Determination

DRAFT COMPATIBILITY DETERMINATION

USE: Research, Scientific Collection and Surveys by Third Parties

REFUGE NAME: Michigan Islands National Wildlife Refuge as managed by Shiawassee National Wildlife Refuge Scarecrow, Crooked, Sugar, Big Charity, and Little Charity Islands are located in Lake Huron, are part of the Michigan Islands National Wildlife Refuge (NWR), and are managed by Shiawassee NWR.

ESTABLISHING AND ACQUISITION AUTHORITY(IES): Migratory Bird Conservation Act (16 U.S.C. 714-714r) and Refuge Recreation Act (16 U.S.C. 460k-460k-4).

REFUGE PURPOSE(S): "... as a refuge and breeding ground for migratory birds and other wildlife ..." "... for use as an inviolate sanctuary, or for any other management purpose, for migratory birds." 16 U.S.C. Section 715d (Migratory Bird Conservation Act) and "... conservation, management, and restoration of the fish, wildlife, and plant resources and their habitats for the benefit of present and future generations of Americans . . . " 16 U.S.C. Section 668dd(a)(2) (National Wildlife Refuge System Administration Act). This compatibility determination is for the five Michigan Islands NWR islands that are located in Lake Huron and managed by Shiawassee NWR. Presently, this includes Scarecrow Island, which was acquired in 1943; Big and Little Charity Islands, which were donated to the refuge in 1999; Sugar Island which was purchased by the Service in 2011; and Crooked Island which was purchased by the Service in 2018. Land acquisition is ongoing and this CD may apply to other islands that become part of the refuge.

On October 23, 1970 Public Law 91-504 established Scarecrow Island as a designated Federal Wilderness Areas. In 2000, Scarecrow Island was designated as part of the Thunder Bay National Marine Sanctuary and Underwater Preserve.

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.”

DESCRIPTION OF USE:

What is the use? The refuge receives periodic requests from non-Service entities (e.g. universities, state agencies, independent researchers, other federal agencies, nongovernmental organizations) to conduct research, scientific collecting, and surveys on refuge lands. Service policy defines the following:

• Research: Planned, organized and systematic investigation of a scientific nature. • Scientific collecting: Gathering of refuge natural resources or cultural artifacts for scientific purposes. • Surveys: Scientific inventory or monitoring. These requests can involve a wide range of natural, cultural and public-use resource management issues. Natural resource data, cultural and historical data, environmental data, bio-prospecting information (discovery of plant and animal species from which medicinal drugs and other commercially valuable compounds can be obtained) and taxonomic specimen collection or analyses will be considered. Studies may be species-specific, refuge-specific, or evaluate the relative contribution of refuge lands to the larger landscape (e.g. flyways). Permitted Archaeological Investigations are those requested by Archaeologists who are not performing investigations for refuge management purposes, such as compliance with Section 106 of the National Historic Preservation Act. Archaeological investigations would include the monitoring and documentation of archaeological sites and artifacts in the refuge for scientific and historical purposes.

The Service's Research and Management Studies (4 RM 6) and Appropriate Uses (603 FW1.10D (4)) policies designate priority for scientific investigatory studies that contribute to the enhancement, protection, use, preservation and management of native wildlife populations and their habitats. Projects that contribute to refuge specific needs for resource and/or management goals and objectives will be given a higher priority over other requests. Research and related data will be used to inform land management decisions, apply adaptive management principles and support landscape-level conservation efforts.

Where is the use conducted? The use could occur any place on the refuge. Sites for this use would depend on the particular action (research, collecting or survey) being conducted and could occur in a variety of habitat types. If approved, a special use permit will specify where the research and associated activities, such as ingress and egress, could occur.

When is the use conducted? The use can occur at any time of the day or year, but it is anticipated that most research would occur during daylight hours and generally between May and September. The timing, duration, number of staff, and number of visits by permittees may be restricted through the use of a special use permit at the discretion of the refuge manager or designee.

How is the use conducted? All research activities will be conducted with the primary goals, objectives and habitat management requirements of the refuge as the guiding principles. Every effort will be made to minimize the impacts of research activities on wildlife and their habitats and avoid conflicts with management activities, and private land use. A special use permit will be issued for each proposal with associated stipulations that specifies who, what, when, where and how research and surveys may be conducted on the refuge. A refuge research special use permit application accompanied by a written project proposal is required for review and approval before access and research-related activities are permitted. If approved, access to refuge lands and waters will be limited to the least invasive means required to accomplish the research. Research will be conducted by professors, students, contractors, refuge staff and volunteers. Researchers will be required to notify the refuge manager or designee of entry and exit times when conducting research, provide written reports, and make data

available to refuge staff. Researchers may be required to obtain additional permits (e.g. handling of animals, collecting of specimens, etc.) prior to approval and issuance of a special use permit. Research projects will not be approved if, in the discretion of the refuge manager, such research would adversely and disproportionately affect wildlife or vegetation, interfere with refuge management activities, or could be conducted in other locations less sensitive than the refuge. Projects will adhere to scientifically defensible protocols for data collection, where available and applicable. Research study site(s), collection and sampling location(s) and transect(s) may be temporarily marked by highly visible wooden or metal posts or other pre-approved methods if requested. Site markers may be detrimental to local organisms and will be approved on a case- by-case basis. All markers must be removed by the permittee when the project is complete. Access to study sites can be by foot, bike, ATV, boat, or canoe/kayak depending on the island. Archaeologists request Archaeological Resources Protection Act (ARPA) permits or Antiquities Act permits to conduct “Surveys, limited testing and/or limited collections on lands identified” and “Excavation, collection and intensive study of specific sites described” on refuge lands. Permits are issued by the Regional Director to qualified archaeologists when the refuge manager determines the investigation will not interfere with refuge programs.

Why is the use being proposed? The Service recognizes that research, scientific collection, and surveys conducted by non-Service entities contribute to the enhancement, protection, use, preservation and management of wildlife populations and their habitats, and to protect and preserve cultural history on and off refuge lands. Studies also expand the body of scientific knowledge of refuge wildlife populations and their habitats or otherwise provide information beneficial to wildlife conservation and management. Archaeologists conduct studies to document and collect artifacts from archaeological sites that are at risk such as being exposed from soil erosion processes. When artifacts become exposed they become vulnerable to illegal collection and, if collected, valuable historical and cultural data is lost. Additionally, research activities are an integral part of the refuge’s goals for coordination and interaction with governmental and non-governmental partners. Specifically, research and monitoring is critical to making informed, sound decisions in the restoration and management of ecosystems/landscapes for fish and wildlife communities as well as preservation of our cultural history occurring on national wildlife refuge lands. Data and research are needed to evaluate the

efficacy of our land management actions and to apply adaptive management principles to our efforts and decisions. Research and monitoring are integral to our long-term management and biological and cultural understandings, which continue to inform management of the refuge.

AVAILABILITY OF RESOURCES: Much of the research is anticipated to be funded by grants, other government agencies, universities, or be conducted by students and volunteers. Refuge staff involvement includes reviewing research proposals, occasionally supervising or monitoring research activities, reviewing reports, occasionally providing equipment and vehicles, and occasionally participating in fieldwork. Based on past time and resources allocated to such activities, current and projected staffing and budgets are sufficient to administer this activity if found compatible with the purposes for which the refuge was established. Refuge staff responsibilities for projects by non-Service entities will be primarily limited to the following: review of proposals, preparation of special use permit(s) and other compliance documents (e.g. Section 7 of the Endangered Species Act of 1973, Section 106 of the National Historic Preservation Act, National Environmental Policy Act, Minimum Requirement Analysis of the Wilderness Act) and monitoring of project implementation to ensure impacts and conflicts remain within acceptable and compatible levels over time. Refuge personnel would be expected to check the progress of the archeological investigation incidental to other refuge work in the vicinity; i.e., no special on-site visits are anticipated. Refuge personnel costs to administer the permit would be negligible. Facilities and staff are currently available to issue special use permits for research projects. Staff resources are deemed adequate to manage this use at anticipated use levels. ARPA/Antiquities permit requests are reviewed by the Regional Historic Preservation Officer and issued by the Regional Director as part of normal duties. The refuge manager has resources available to administer this use. This activity would require the refuge manager to develop and issue a special use permit to the archeologist. Boats, miscellaneous equipment, and limited logistical support may be available on the refuge. Temporary housing is limited, but usually available for one to two researchers while studying refuge resources. • Special equipment, facilities, or improvements necessary to support the use: None

• Maintenance costs: funded through regular management activities: No additional funding is needed. • Monitoring costs: None • Offsetting revenues: None

ANTICIPATED IMPACTS OF THE USE:

Short and Long-term Impacts: For approved proposals that are found compatible, project effects are expected to be site-specific, but will vary depending on the nature and scope of the research, scientific collection or survey conducted. Each proposal will be evaluated for site- specific effects on species, habitat and cultural resources as part of the special use permit process. As a general rule, compatible projects will have no to minimal animal mortality or disturbance, minimal habitat damage, no introduction of contaminants and no introduction of nonnative species. Some projects involving collection of biotic samples (plants or animals) or requiring intensive ground-based data or sample collection may have short-term effects including wildlife disturbance and trampling of vegetation. To reduce these negative effects, the number of samples (e.g., water, soils, vegetative litter, plants, macroinvertebrates, and vertebrates) will follow established scientific standards for identification, ex- situ experimentation, or valid statistical analysis. Where possible, the Service will refer researchers to coordinate and share collections or samples with other researchers to reduce sampling needed for multiple projects. Negative effects may also occur from the installation of infrastructure necessary to support a study (e.g., semi-permanent transect or plot markers, exclosure devices, monitoring equipment, solar panels to power unattended monitoring equipment). Some level of disturbance is expected with these projects, especially if investigators enter areas closed to the public and collect samples or handle wildlife. However, wildlife disturbance (including altered behavior) is expected to be localized and temporary in nature. The removal of vegetation or sediments by core sampling methods can cause increased localized turbidity and disrupt non-target plants and animals. Installation of posts, equipment platforms, collection devices and other research equipment in open water may present a hazard if said items are not adequately marked and/or removed at appropriate times or upon completion of the project. Short-term impacts would result from an archeologist working in an area, such as disturbance to wildlife, disruption to vegetation, and soil disturbance due to the excavation process. The Antiquities permit stipulations require holes to be back-

filled by the archeologist immediately upon completion of testing, and to restore the ground to near-original conditions. Long-term positive benefits to refuge management is expected through subsequent knowledge gained through research, monitoring and surveys. No long-term negative effects are anticipated and may be avoided through proposal-specific and standard stipulations contained in special use permits. Where long-term or unacceptable cumulative effects cannot be avoided, the project will be found incompatible.

Indirect and Cumulative impacts: Cumulative impacts may occur as a result of a variety of factors or as additive effects from concurrent uses. Examples include multiple research projects using the same resources concurrently, long-term research conducted, and additive impacts from research and public use on the same resource. No cumulative impacts within the next 10-15 years are expected and the potential for such impacts will be minimized through the review of each proposed research and issuance or not of special use permits. Refuge managers retain the option to prohibit research on refuges that do not contribute to or materially interferes with the purposes of the refuge or the mission of the National Wildlife Refuge System. Although a single research or exploration project within a single year may cause few, if any, negative resource impacts, it may in fact cause cumulative impacts over multiple years or when considered additively with all research and exploration projects to occur within the refuge. Therefore, it is critical for refuge managers to examine all projects with a multi-year timeframe in mind and consider research that is planned concurrently before approval of new projects are granted. Additionally, other refuge or visitor activities in the same area as a research project could cause cumulative disturbance to wildlife and must also be considered prior to a research project being allowed. Indirect impacts will vary depending on each project. One example of an indirect impact could be that knowledge gained from these investigations could be used in public interpretive exhibits and for other public dissemination purposes. In all cases, overlapping activities can be controlled and mitigated in time and space with the use of a special use permit.

PUBLIC REVIEW AND COMMENT: The draft Compatibility Determination will be available for public review and comment for 15 days from January 8, 2021 to January 22, 2021. Solicitations for comment will be distributed via a news release to print, television, and radio media. A press release will be sent to local media outlets in Saginaw County notifying the public of the comment period. Electronic versions will be made available online at https://www.fws.gov/refuge/shiawassee/ and comments will be requested on the refuge's Facebook page. Upon request, paper copies of the document will be sent via U.S. mail. Please call (989) 777-5930 to request a paper copy. Please leave your name and full address. Please let us know if you need the documents in an alternative format. Comments received will be consolidated and agency responses will be included in the final version of this Compatibility Determination. Public information about archeological investigations under an ARPA permit needs to be restricted due to the potential for vandalism and other inappropriate impacts. Refuge management should not be drawing attention to archeological potential or activities on the refuge, not for the public or for amateur or professional archeologists. Persons requesting archeological permits do so for the specific needs and in the public interest, but do not attract the public to archeological resources on the refuge.

DETERMINATION: ☐Use is not compatible ☒Use is compatible with the following stipulations

STIPULATIONS NECESSARY TO ENSURE COMPATIBILITY: 1. It is recommended that the researcher contact the refuge manager or other refuge staff to discuss their proposed monitoring or research activity before they submit a special use permit application. Prior to conducting investigations, researchers will obtain a special use permit from the refuge manager that makes specific stipulations related to when, where, and how the research will be conducted. The refuge manager retains the option to prohibit research that does not contribute to or materially interferes with the purposes of the district or the mission of the refuge system. 2. Research applicants must submit a study plan to the refuge manager that includes:

a. Justification and objectives of the study; b. Relevance to resource management; c. Methods, schedule, and sample size needed to accomplish the work; statistical analyses planned; and required personnel; d. Potential impacts on district wildlife and/or habitat; e. Provisions to minimize disturbance, injury, or mortality to wildlife, and measures to prevent the introduction of invasive or pest species; f. Compliance with established standards for proper animal care and use; g. Data standards and a data management plan; h. Costs to the refuge, if any; i. Anticipated end products and timeline for reporting (i.e., reports, publications, recommendations); and j. Disposition of data, maps, etc. 3. Research plans will be reviewed by refuge staff. The refuge manager may also require internal and/or external scientific review, depending on the complexity and sensitivity of the work being proposed and other factors. Reviews may be expedited by providing copies of existing peer reviews, or by providing names, mailing addresses, and email addresses of persons that the researcher wishes to recommend to review their proposal. Refuge staff will strive to limit the burden on applicants during the special use permit process in an effort to facilitate interagency cooperation between local partners and federal agencies. 4. Evaluation criteria will include, but not be limited to, the following: a. Research that has direct relevance to refuge management will have higher priority than other requests; b. Research requests that conflict with higher priority research, monitoring, public use, or management programs may not be granted; c. Requests for research that is not conducted using scientifically defensible or established protocols may not be granted; d. Research that causes undue disturbance or is intrusive, will likely not be granted;

e. If staffing or logistics make it difficult for refuge staff to monitor researcher activity in a sensitive area, this may be a reason to deny the request; f. The length of the project will be considered and agreed upon before approval. Projects will not be open-ended and at a minimum, will be reviewed annually; g. Evidence of Institutional Animal Care and Use review and approval, if appropriate. 5. Researchers must possess all applicable state and federal permits for the capture and possession of protected species, for conducting regulated activities in wetlands, and for other regulated activities (e.g., banding). The special use permit guidelines may require the submission of an approval from an Institutional Animal Care and Use Committee (IACUC) and further review by the U.S. Fish and Wildlife Service’s Animal Care and Use Committee (ACUC). These committees often withhold final approval until the researchers provide proof that all required permits have been obtained. Should this situation occur, ask your IACUC to provide approval conditioned on receipt of the permits. Proposals that fail to demonstrate IACUC review and approval may be considered incompatible and subsequently denied. 6. Archeological researchers must obtain an Archeological Resource Protection Act (ARPA) permit from the Regional Director prior to obtaining a special use permit from the refuge manager. No special stipulations are necessary to ensure compatibility; however, the special use permit may contain site- specific administrative or management stipulations. 7. All provisions of the required ARPA/Antiquities Act permit and requirements in 43 CFR Part 7 “Protection of Archaeological Resources: Uniform Regulations” requiring land restoration and other protective measures by archaeologists must be met. 8. Vehicular access is allowed only on public roads unless otherwise indicated on the special use permit. Sampling equipment, investigator(s) clothing, and vehicles (e.g., ATV, boats) must be thoroughly cleaned (free of dirt and plant material) before being allowed on refuge lands to prevent the introduction or spread of pests and invasive species. 9. Researchers, scientific collectors, and surveyors must submit annual progress reports, a final report, and copies of publications resulting from the

work to the refuge manager. Instructions for how and when to submit an annual report will be provided by refuge staff. U.S. Fish and Wildlife Service Division of Natural Resources and Conservation Planning will analyze study proposals to determine whether copies of field notes, databases, maps, photos, and/or other materials may also be requested and notify the permittee in writing during the special use permit review process. The permittee is responsible for the content of reports and data provided to the U.S. Fish and Wildlife Service. 10. Research projects are valued on our districts as they provide important national legacy information that helps inform management today and into the future. We recommend researchers, scientific collectors, and surveyors submit an electronic copy of all raw data and their supporting metadata (including maps and photographs) collected on district lands to the refuge manager. The Service will store project data and metadata and may make it publicly available after a mutually agreed upon period of time. At a minimum, the refuge manager requires an annual progress report on the project and permission to use summaries, including table and/or figures to share with the public. Failure to produce an annual report may result in denial of future special use permits. 11. If unacceptable impacts to natural or cultural resources occurs or other conflicts arise or are documented by refuge staff, the refuge manager can suspend or modify conditions of the special use permit, or terminate an ongoing project already permitted by a special use permit. 12. Collection guidelines (see NPS website at https://www.nps.gov/bela/getinvolved/conditions-for-scientific- research.htm) 13. Each proposal will be reviewed for compliance with the National Environmental Policy Act (NEPA) requirements and other laws, regulations, and policies. 14. Use of Unmanned Aircraft Systems (UAS) may be approved by the refuge manager in certain circumstances. Any use of UAS must follow applicable U.S. Fish and Wildlife Service regulations and policy.

JUSTIFICATION In accordance with the missions of the National Wildlife Refuge System, Michigan Islands National Wildlife Refuge and the 1997 Refuge Improvement Act, this use has been determined compatible provided the above stipulations are implemented. Use of refuge lands to conduct research, scientific collecting, and surveys will generally provide information that benefits fish, wildlife, plants and their habitats by expanding the scientific information available for resource management decisions. Scientific findings gained through these projects provide important information regarding life-history needs of species and species groups as well as identify or refine management actions to achieve resource management objectives in refuge management plans (especially Comprehensive Conservations Plans). Additionally, the Service has a Federal responsibility to protect archaeological resources. This activity assists us in meeting those requirements as well as contributing to the knowledge of the land’s cultural and historical past. Reducing uncertainty regarding wildlife and habitat responses to refuge management actions to achieve desired outcomes reflected in resource management objectives is essential for adaptive management in accordance with 522 DM 1. Adverse impacts of research that cause localized vegetation trampling or disruption of wetland soils and bottom sediments are often short-term and will be minimized through the stipulations above. Researchers are allowed to conduct research only in areas indicated on the special use permit. Any research equipment that remains in the field for the duration of the project will be clearly marked to avoid potential hazards presented to refuge staff and private landowners unless otherwise outlined in the special use permit to protect sensitive species. It is anticipated that wildlife species that may be disturbed during research activities will find sufficient food resources and resting places so their abundance and habitat use is not measurably lessened on refuge lands when permitted under the stipulations described above. Additionally, it is anticipated that project oversight, as needed, will prevent unacceptable or irreversible impacts to fish, wildlife, plants, and their habitats. As a result, these projects may not materially interfere with or detract from fulfilling refuge purposes, contributing to the mission of the National Wildlife Refuge System, and maintaining the biological integrity, diversity, and environmental health of refuge lands.

Signature: Refuge Manager:

Concurrence: Regional Chief:

Mandatory 10 or 15-year Re-evaluation Date: 2031