DRAFT McKay Creek National Wildlife Refuge Turkey, Dove, Deer, and Elk Hunt Plan
June 2019
U.S. Fish and Wildlife Service
McKay Creek National Wildlife Refuge Mid-Columbia River NWR Complex 64 Maple Street Burbank, WA 99323
Submitted By: Project Leader
______Signature Date
Concurrence:
Refuge Supervisor
______Signature Date
Approved:
Regional Chief, National Wildlife Refuge System ______Signature Date Table of Contents
I. Introduction……………………………...…………………………………………4
II. Statement of Objectives…………………..………………………………………..6
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 (if applicable)……………………..10
D. Consultation and Coordination with the State…………………...10
E. Law Enforcement………………………………………………...11
F. Funding and Staffing Requirements …………………………….11
IV. Conduct of the Hunt Program….…………………………………………………11
A. Hunter Permit Application, Selection, and/or Registration Procedures (if applicable).………………………………………...11
B. Refuge-Specific Regulations ……………………………………..12
C. Relevant State Regulations ……………………………………….13
D. Other Rules and Regulations for Hunters…………………………14
V. Public Engagement
A. Outreach Plan for Announcing and Publicizing the Hunt………...15
B. Anticipated Public Reaction to the Hunting Program ……………15
C. How the Public Will be Informed of Relevant Rules and Draft McKay Creek NWR Turkey, Dove, Deer and Elk Hunt Plan Page 2 Regulations……………………….………………………………15
VI. Compatibility Determination……………………………………………………..16
References ……………………………………………………………………….16
Appendix A, McKay Creek National Wildlife Refuge, Umatilla County, Oregon. Environmental Assessment for the Proposed Elk, Deer, Turkey, and Dove Hunts...…………………………………………………………………….17
Appendix B, Draft Compatibility Determination for Turkey, Dove, Deer, and Elk Hunting...…………………………………………………………………….47
List of Figures
Map A. McKay Creek NWR Hunt Map. …………………………………………………………………………………….8
Draft McKay Creek NWR Turkey, Dove, Deer and Elk Hunt Plan Page 3
MCKAY CREEK NATIONAL WILDLIFE REFUGE DRAFT TURKEY, DOVE, DEER, and ELK HUNT PLAN
I. Introduction
National Wildlife Refuges are guided by the mission and goals of the National Wildlife Refuge System (NWRS, Refuge), the purposes of an individual refuge, United States Fish and Wildlife Service (hereafter referred to as the Service or USFWS, interchangeable) 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 the Service’s Manual.
This refuge was established as the McKay Creek Bird Refuge on June 7, 1927, through Executive Order 4662. This executive order of President Calvin Coolidge reserved the McKay Creek Bird Refuge as a refuge and breeding ground for birds to be managed by the Department of Agriculture. The Public Land Order 1366, issued November 27, 1956 by the Secretary of the Interior withdrew additional public lands to enlarge the McKay Creek National Wildlife Refuge (MCNWR) by 23.5 acres.
On August 25, 1955, the Service and the Bureau of Reclamation (BOR) signed an agreement whereby the Service took over primary management of fish and wildlife resources. The agreement has been renewed over the intervening years and is still in effect. MCNWR is currently part of the Mid-Columbia River National Wildlife Refuge Complex (MCRNWRC).
The primary purpose of the refuge is to provide a “…refuge and breeding place for birds.” At establishment (1927), it provided critical open water wintering areas in an arid landscape dominated by free-flowing rivers and streams. The damming of the Columbia River and the conversion of upland sage-steppe and grassland to dryland and irrigated agriculture led to a boom of wintering waterfowl in the Mid-Columbia River region, particularly in the Oregon portion near the towns of Umatilla, Irrigon, and Boardman.
The 1,837-acre refuge overlays McKay Creek Reservoir, a BOR storage facility, serving the irrigation needs of the Umatilla River Basin. Since establishment there has been no active management of the reservoir to attract wintering waterfowl, and use is largely limited to loafing on the open reservoir and some feeding on wetland plants that grow on its shoreline. A small seasonal wetland area where McKay Creek empties into the reservoir receives some waterfowl and other water bird use, but the refuge lacks any capability to actively manage the wetland habitat.
The refuge features 379 acres of healthy shrub and tree riparian habitat that forms a contiguous linkage along McKay Creek from the headwaters in the Blue Mountains to the confluence with the Umatilla River. This area provides habitat for migratory land birds and other riparian- Draft McKay Creek NWR Turkey, Dove, Deer and Elk Hunt Plan Page 4 dependent species. This riparian forest is considered a high priority habitat for the refuge due to the limited presence of riparian habitats in the local landscape and the habitat linkages it provides.
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:
“...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.
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.
On March 2, 2017, Secretary Zinke signed Secretarial Order 3347, Conservation Stewardship and Outdoor Recreation. Part of the stated purpose of Secretarial Order 3347 is to increase outdoor recreation and improve the management of game species and their habitat. Secretarial Order 3347 directs the Department of the Interior to identify specific actions to (1) expand access significantly for recreational hunting and fishing on public lands; and (2) improve recreational hunting and fishing cooperation, consultation, and communication with state wildlife managers.
Draft McKay Creek NWR Turkey, Dove, Deer and Elk Hunt Plan Page 5 On September 15, 2017, Secretary Zinke signed Secretarial Order 3356, Hunting, Fishing, Recreational Shooting, and Wildlife Conservation Opportunities and Coordination with States, Tribes, and Territories. Part of the stated purpose of Secretarial Order 3356 is to increase outdoor recreation opportunities for all Americans in greater collaboration with state partners, including opportunities to hunt.
Waterfowl and upland bird hunting are currently permitted on MCNWR within the designated hunt area, on designated days and in accordance with Oregon State regulations. Upland bird hunting is favored; a lottery to manage hunter numbers for the opening weekend of the season is required and has been very popular. Upland bird hunters primarily hunt California quail and ring-necked pheasant.
Fishing is probably the most popular wildlife-oriented activity on the refuge. In early spring, anglers fish for trout at the mouth of McKay Creek. By summer, anglers primarily target warm- water fish, mainly crappie, bass, perch and catfish.
This hunt plan will provide visitors with additional recreational opportunities in an area where there are limited opportunities to hunt on public lands.
II. Statement of Objectives
The objectives of a turkey hunting program on McKay Creek NWR are to provide: ● The public with an opportunity to experience wildlife on more refuge lands and increase opportunities for hunters, especially for youth and families; ● An ideal species to offer additional hunting opportunities and greater alignment with the State as mandated by Secretarial Orders Number 3347 and 3356; ● Biological diversity by preserving the natural diversity and variety of biotic communities occurring on refuge lands and aid in reducing non-native turkey populations; ● A strategy to reduce turkey nuisance and damage to adjacent private lands; and ● Wildlife-dependent public recreation as mandated by and according to Service law and policy.
The objectives of a dove hunting program on McKay Creek NWR are to provide: ● The public with an opportunity to experience wildlife on more refuge lands and increase opportunities for hunters, especially for youth and families; ● An ideal species to offer additional hunting opportunities and greater alignment with the State as mandated by Secretarial Orders Number 3347 and 3356. Doves are abundant, an entry level species to hunting, and good table fare; and ● Wildlife-dependent public recreation as mandated by and according to Service law and policy.
Draft McKay Creek NWR Turkey, Dove, Deer and Elk Hunt Plan Page 6 The objectives of a deer hunting program on McKay Creek NWR are to provide: • The public with an opportunity to experience wildlife on more refuge lands and increase opportunities for hunters, especially for youth and families; • An ideal species to offer additional hunting opportunities and greater alignment with the State as mandated by Secretarial Orders Number 3347 and 3356 and • Wildlife-dependent public recreation as mandated by and according to Service law and policy.
The objectives of an emergency hunting for elk program on McKay Creek NWR are to provide: • An ideal species to offer additional hunting opportunities and greater alignment with the State as mandated by Secretarial Orders Number 3347 and 3356; and • The State with a strategy to avoid elk establishing a permanent presence on the refuge, thereby reducing elk use along U.S. Highway 395 (which is a human safety hazard) and damage to private agriculture fields adjacent to the refuge.
Goals are being developed for the McKay Creek National Wildlife Refuge as part of the Comprehensive Conservation Planning (CCP) process. One of these relates to implementation of new hunting opportunities:
“Provide hunters of all abilities a quality, safe hunting program that provides a variety of hunting experiences, promotes youth hunting, and balances the hunt program’s needs with other public use needs. As a result of participating in the hunting program, hunters will gain a better appreciation of the refuge’s mission and its resource management.”
III. Description of Hunting Program
A. Areas to be Opened to Hunting
Turkey, dove, deer, and elk hunting would occur only on the southern portion of the refuge currently open to waterfowl and upland game bird hunting (620 acres). The hunting unit is comprised of approximately 265 acres of wetland and riparian habitat, 245 acres of upland shrub and grassland habitat, and 110 acres of the McKay Reservoir (typically drawn down the time of year when hunting occurs). The hunting unit is bounded on the east by Shaw Road and privately owned lands and on the west by U.S. Highway 395 and privately owned lands. See attached Map.
Draft McKay Creek NWR Turkey, Dove, Deer and Elk Hunt Plan Page 7 Draft McKay Creek NWR Turkey, Dove, Deer and Elk Hunt Plan Page 8 B. Species to be Taken, Hunting Periods, and Hunting Access
● TURKEY HUNTING: The hunt will occur on the southern portion of the refuge during the fall general turkey season set by the Oregon Department of Fish and Wildlife (ODFW). Oregon Department of Fish and Wildlife defines upland game birds as pheasant, quail, partridge, grouse, and wild turkey. Currently, the general turkey season aligns with the upland game bird season designated by ODFW. The refuge holds a lottery for the opening weekend of upland game birds that typically starts on the first Saturday of October (dates are potentially adjusted based on seasons set by ODFW); therefore, turkey hunters would require a lottery draw hosted by the Service in order to minimize conflict among upland game bird and turkey hunters. ODFW is currently proposing a general fall turkey season opening on October 15 for the 2019-2020 hunting season. In that case, turkey hunters would not participate in a lottery and opening weekend of upland game bird hunting would not be impacted. Hunting would occur on Tuesdays, Thursdays, Saturdays, Sundays, and federal holidays during the general fall turkey season for approximately 30 days of additional hunting opportunities. Hunting hours are from one and one-half hours before legal hunting time to one and one-half hours after legal hunting time. Hunters will self-navigate to their location from two parking lots off Shaw Road on the southeast side of the refuge.
● DOVE HUNTING: The hunt will occur on the southern portion of the refuge and would occur on Tuesdays, Thursdays, Saturdays, Sundays, and federal holidays during the State season for approximately 35 days of additional hunting opportunities. Hunting hours are from one and one-half hours before legal hunting time to one and one-half hours after legal hunting time. Hunters will self-navigate to their location from two parking lots off Shaw Road on the southeast side of the refuge.
● BIG GAME HUNTING: Deer hunting will occur on the southern portion of the refuge hosted and administered by ODFW. A 600 Series hunt will occur within the general deer season designated by the State in Wildlife Management Unit (WMU) 49 (Ukiah Unit). Hunters will be selected by the State administered lottery. Take limit will be set by ODFW in coordination with the Service. Hunting hours are from one and one-half hours before legal hunting time to one and one-half hours after legal hunting time. Hunters will self-navigate to their location from two parking lots off Shaw Road on the southeast side of the refuge. Only archery, muzzleloader, or shotgun may be used to hunt deer on the refuge. Centerfire rifles would not be allowed on the refuge due to safety concerns (nearby residential areas).
● BIG GAME HUNTING: Elk hunting will occur on the southern portion of the refuge with either an emergency hunt permit or kill permit issued by ODFW in accordance with State law. The permit would specify the dates and location of the hunt and types of weapons that may be used. This would be determined by ODFW in coordination with the Service. We would request that muzzleloaders and/or shotguns only be allowed to hunt
Draft McKay Creek NWR Turkey, Dove, Deer and Elk Hunt Plan Page 9 elk on the refuge, due to safety concerns with the use of centerfire weapons, and the fact that archery would not assist in hazing elk off the refuge. Hunters will self-navigate to their location from two parking lots off Shaw Road on the southeast side of the refuge.
C. Hunter Permit Requirements
All hunters must have a valid state hunting license. Also, depending on species, hunters must have a federal waterfowl stamp, migratory HIP validation, permits, tags, and/or state game bird validations as defined by ODFW regulations. Deer hunters will be required to have a Special Deer Permit (tag) issued by ODFW. Elk hunters will be required to have either an Emergency Hunt Permit or Kill Permit issued by ODFW.
D. Consultation and Coordination with the State
Discussions with ODFW staff over potential changes to the hunting program for McKay Creek NWR specific to deer and elk hunting have been ongoing for many years. Concerns about the influx of elk to the refuge during prolonged severe winter weather events have been the main discussion point for ODFW as the impacts to agricultural lands adjacent to the refuge are problematic and costly to the agency. As the influx of elk occurs infrequently, work on this issue was not prioritized as the Mid-Columbia River NWR Complex worked cooperatively with ODFW to address the more pressing elk population issue on the nearby Cold Springs NWR, which was opened to elk hunting in 2018.
More recent discussions with ODFW occurred in October 2018 when ODFW was approached by refuge staff soliciting advice on what they saw as viable options for elk and turkey hunting at McKay Creek NWR. ODFW responded by providing in writing specific recommendations regarding elk and turkey hunting and some additional thoughts to address the deer population through hunting opportunities. Those recommendations were used as the foundation for the hunt plan and the preferred alternative in the 2019 McKay Creek NWR Environmental Assessment (EA; Appendix A).
Coordination continued in 2019 with ODFW and refuge staff concerning the additional opportunity for dove hunting as well. The need for coordination with the CTUIR was brought up during recent discussions as Tribal interests have played an integral part in proposed hunt plans for other nearby refuges. ODFW agreed to work with the refuge staff and jointly meet with the Tribe to address any concerns and needs the Tribe might have with respect to hunting of elk, deer, turkey, and dove. The meeting is scheduled to occur in February 2019.
ODFW will be given an advance copy of the draft hunt plan and EA and invited to provide comments, prior to issuance of these documents to the public for review and comment.
Draft McKay Creek NWR Turkey, Dove, Deer and Elk Hunt Plan Page 10 E. Law Enforcement
Enforcement of refuge violations normally associated with management of a National Wildlife Refuge is the responsibility of commissioned Federal Wildlife Officers. Other officers, Special Agents, State game wardens, and the local Sheriff’s Department often assist the Mid-Columbia River 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 tear sheet that shows hunt areas; and • Mid-Columbia River 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 unstaffed, and the Service does not have the resources to administer the elk/deer hunting program by itself. However, the refuge elk/deer hunt would fall within a highly regulated State permit program. Hunting with a Deer Permit, or an Emergency Hunt Permit of kill permit for elk will be administered and managed largely by ODFW. Some Service staff time will be required to coordinate with the State. The addition of dove and turkey hunting will require additional staff time but can be managed at current staffing levels. It is unlikely that significant additional refuge law enforcement presence would be required to manage this activity. Many of the costs associated with these hunts are shared with other public uses (e.g., maintenance of roads also benefits waterfowl hunters, anglers, and wildlife watchers). The total annual cost to administer the new hunting opportunities is projected to be approximately $5,000 per year. 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
Hunting is permitted in accordance with all state regulations (see www.dfw.state.or.us/ resources/) and special refuge regulations. Information for McKay Creek NWR hunting is listed below and/or can be downloaded from the Mid-Columbia River National Wildlife Refuge Complex website: www.fws.gov/mcriver/regulations.html
Turkey: If the state turkey season starts on the proposed October 15 date for the 2019-2020 season, no additional refuge permits will be required. However, if the season starts with the opening of upland game bird season, hunters will need to apply to the MCNWR upland game bird lottery for opening weekend. A $12.00/$15.00 (credit/check) lottery application fee will be
Draft McKay Creek NWR Turkey, Dove, Deer and Elk Hunt Plan Page 11 charged per applicant, who may select either Saturday or Sunday of opening weekend. Only one lottery application is allowed per person. Lottery entries are completed online and available at https://www.fws.gov/mcriver/ typically beginning the second Saturday in August and ending the second Friday in September. Selected hunters will be notified through the mail in late September with an official refuge letter indicating results of the lottery. If successful, this letter will serve as their permit to hunt, which they will need to carry on their person when hunting on the refuge.
Dove: No additional permits required.
Deer: Each deer hunt will be a 600 series controlled state-administered hunt. A “controlled hunt” is defined by the state as any hunt that requires an application through ODFW. All controlled hunts are listed in ODFW’s “Oregon Big Game Hunting Regulations” and currently have an application deadline of May 15th. Hunters can access applications at https://www.dfw.state.or.us/resources/forms_applications/index.asp. The Umatilla NWR deer hunt is administered as a controlled hunt and has been very successful. Draw results are completed within 30 days and hunters check results on-line. Once the hunters are selected through the ODFW controlled hunt draw, ODFW sends them a letter with specific information about the hunt they were successful in drawing. Hunters must purchase a tag for their selected draw. At the end of the year, hunters are required to report on the success of their draw, even if they did not hunt.
Elk: This hunt is available between Aug 1 – March 31st of each year. The application process, which is completely separate from the “controlled hunt” application process for big game, is open the month of July each year. ODFW will collect all applications submitted from interested hunters and randomly generate a list. Once a need is identified for an emergency hunt, that cannot be solved by other actions such as hazing, a hunt is developed. Hunters are contacted from the generated list and asked if they are available to participate. The list is county specific, so the list of hunters could be used for both McKay Creek and Cold Springs NWR emergency hunts, since both refuges are located in Umatilla County. ODFW would coordinate with FWS staff throughout the process.
A. Refuge-Specific Hunting Regulations
Listed below are refuge-specific regulations that pertain to hunting on MCNWR as of the date of this plan and including the new hunts for elk, deer, turkey, and dove as proposed in this plan. These regulations may be modified as conditions change or if refuge expansion continues/occurs.
Open to Hunting – Goose, duck, coot, snipe, dove and upland game birds including turkey; deer and elk as permitted.
(1) Migratory Game Bird Hunting. We allow hunting of goose, duck, coot, snipe, and dove on designated areas of the refuge subject to the following conditions:
Draft McKay Creek NWR Turkey, Dove, Deer and Elk Hunt Plan Page 12 (i) We prohibit discharge of any firearm within ¼ mile (396 meters) of any maintained building or Federal facility, such as, but not limited to, a structure designed for storage, human occupancy, or shelter for animals.
(ii) Hunters must remove all decoys and other equipment from the refuge (see § 27.93 of this chapter) at the end of each day’s hunt.
(2) Upland Game Hunting. We allow hunting of upland game birds and turkey on designated areas of the refuge subject to the following conditions: (i) The conditions set forth at paragraph (l)(1)(i) applies.
(ii) On the opening weekend of the hunting season, we require all hunters to possess and carry a special refuge permit (name/address/phone number).
(3) Big Game Hunting. We allow hunting of deer and elk on designated areas of the refuge subject to the following conditions: (i) The conditions set forth at paragraphs (l)(1)(i) and (l)(1)(ii) apply.
(ii) We only allow elk hunting with a valid, State-issued emergency hunt permit or kill permit only.
B. Relevant State Regulations
ODFW: Hunting is permitted in accordance with all state regulations found at: www.dfw.state.or.us/resources/
Big Game: General State Regulations for hunting big game mammals are found at: http://www.eregulations.com/oregon/big-game-hunting/general-hunting-regulations/
Shooting Hours: Game mammals may only be hunted from 1-1/2 hour before sunrise to 1-1/2 hour after sunset.
License and permits: Elk (Emergency Permit hunts): A valid current ODFW Hunting License is required along with an Emergency Hunt Permit or Kill Permit issued by ODFW. Deer: A valid current ODFW Hunting License and Controlled Hunt Deer Tag are required.
Draft McKay Creek NWR Turkey, Dove, Deer and Elk Hunt Plan Page 13 Reporting Harvest: Elk (Emergency Permit hunts): Hunters report back to the issuing ODFW office, which may be done by phone or in person. After each hunt, hunters would call the ODFW employee who issued their emergency permit, and report whether or not elk were harvested. Successful hunters would compensate the State of Oregon for the take of the animal at the current standard elk tag fee.
Deer: For hunts that end between April 1 - Dec. 31, , hunters must report results to ODFW by Jan. 31. For all hunts that end between Jan. 1 - March 31, hunters must report results to ODFW by April 15.
Migratory Birds and Upland Game Birds (including turkey): General State regulations for hunting upland game birds are found at: http://www.eregulations.com/oregon/game-bird/
Hunting Hours: Shooting hours for ODFW Zone D are posted at: http://www.eregulations.com/oregon/game-bird/shooting-hours/
License and permits: Valid Oregon hunting license with Migratory Game Bird HIP Validation, Upland Game Bird Validation, or Waterfowl Validation; turkey tag.
C. Other Refuge Rules and Regulations for Hunting
• Refuge issued hunting permits are only required to hunt the opening weekend of upland game bird season. To apply for an opening weekend day, please check the refuge website (www.fws.gov/refuge/McKay_Creek/) for instructions. Applications will be available the second Monday in August and must be received by the second Friday in September. One guest per person is allowed. Permits are nontransferable; • Only the south end of the refuge (620 acres) is open to hunting. The remainder of the refuge is closed to all access during the fall and winter (see Map A); • We prohibit overnight camping and/or parking; • We prohibit discharge of any firearm within ¼ mile (396 meters) of any maintained building or Federal facility, such as, but not limited to, a structure designed for storage, human occupancy, or shelter for animals; • Hunters may possess and use only approved nontoxic shot for hunting; • We only allow portable blinds and temporary blinds constructed of nonliving natural materials. Digging or using pit blinds is not permitted; • We prohibit use of boats; • Dogs must be kept on leashes, except during the lawful pursuit of game during legal seasons/ • The use or possession of alcoholic beverages while hunting is prohibited; • Baiting of any wildlife, trapping, falconry, or netting is prohibited; • Fires are prohibited;
Draft McKay Creek NWR Turkey, Dove, Deer and Elk Hunt Plan Page 14 • Littering (including empty shotgun hulls), abandoning, discarding, or otherwise leaving personal property unattended is prohibited; • Use of ATVs and other off-road vehicles is prohibited. Access for hunting is from 3 parking areas off Shaw Road on the east side of the refuge. Motorized vehicles and bicycles are restricted to designated motorized routes of travel and parking areas; and • Commercial guiding for hunting is prohibited.
V. Public Engagement
A. Outreach for Announcing and Publicizing the Hunting Program
The refuge 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 McNary NWR headquarters or on the MCNWR website www.fws.gov/refuge/McKay_Creek/. The controlled deer hunt will also be listed in ODFW’s Big Game Hunting Regulations.
B. Anticipated Public Reaction to the Hunting Program
Upland and waterfowl hunting is already established at MCNWR. The refuge is surrounded by agricultural and residential lands. In recent years, local landowners have issued depredation complaints, mainly to ODFW. For the last 10 years, turkey numbers have been increasing, causing damage to surrounding landowners, almost exclusively in the south near the McKay Creek drainage area.
Elk have increasingly migrated in larger numbers in the winter to the base of the southern Blue Mountains. In the area surrounding MCNWR, ODFW has documented upwards of 2,000 elk on the valley floor, with as many as 900 elk within the refuge at times. In late winter/early spring when elk begin to migrate back to higher elevation, the MCNWR has served as a “refuge” for elk and as a holding area. These elk cause damage later in the year to surrounding private landowners. Elk damage in these areas is primarily to winter wheat fields. Therefore, local sentiment is generally in favor of reducing turkey and elk numbers on the refuge and in the surrounding vicinity. Big game hunting (for deer or elk) occurs on Umatilla NWR, Cold Springs NWR, and McNary NWR, and is generally accepted locally and does not typically generate anti- hunting controversy. We also anticipate favorable reaction to the addition of dove hunting as an added recreational opportunity for the public.
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 expanded hunting opportunities on MCNWR will be supported by the local community.
Draft McKay Creek NWR Turkey, Dove, Deer and Elk Hunt Plan Page 15 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 McNary NWR Headquarters at 64 Maple Street, Burbank, WA 99323 or by calling (509) 546-8300. Hunting regulations and maps are also available on the website: https://www.fws.gov/mcriver/regulations.html. Staff fills brochure boxes located on MCNWR.
ODFW hunting information is available at the office located at 4034 Fairview Industrial Drive SE, Salem, OR 97302 or by calling (503) 947- 6000. Hunting resources are also available on their website at: https://www.dfw.state.or.us/resources/hunting/.
VI. Compatibility Determination
Hunting and all associated program activities proposed in this plan are compatible with the purposes of the refuge. Refer to Appendix B - Draft Compatibility Determination for Elk, Deer, Turkey, and Dove Hunting on McKay Creek National Wildlife Refuge.
Draft McKay Creek NWR Turkey, Dove, Deer and Elk Hunt Plan Page 16 Appendix A. McKay Creek National Wildlife Refuge, Umatilla County, Oregon Environmental Assessment for the Proposed Elk, Deer, Turkey, and Dove Hunts
Draft McKay Creek NWR Turkey, Dove, Deer and Elk Hunt Plan Page 17 McKay Creek National Wildlife Refuge Umatilla County, Oregon
Environmental Assessment
for the
Proposed Elk, Deer, Turkey, and Dove Hunts
Prepared by:
U.S. Fish and Wildlife Service Mid-Columbia River National Wildlife Refuge Complex 64 Maple Street Burbank, Washington 99323
June 2019
18 Introduction: This Environmental Assessment (EA) is being prepared by the U.S. Fish and Wildlife Service (Service) to evaluate the effects associated with this proposed action and to comply 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 Service is proposing to open hunting opportunities for elk, deer, wild turkey, and dove on McKay Creek National Wildlife Refuge (NWR, Refuge) in Oregon (Figure 1, page 4). The proposed action would open new species to hunting on a portion of the Refuge that is already open to select species of game and migratory birds. The purposes of the proposed action are to address Secretarial Orders 3347 and 3356 by opening additional hunting opportunities on refuges and more closely aligning refuge hunting regulations with state regulations, while also addressing agricultural damage and safety concerns adjacent to McKay Creek NWR and reducing wildlife damage to the Refuge’s habitat resources.
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. McKay Creek NWR was established pursuant to Executive Order 4662 – June 7, 1927, and Public Land Order 1366, November 27, 1956. The Refuge was initially established as the “McKay Creek Bird Refuge.” The primary purpose of the Refuge is to provide “a refuge and breeding ground for birds.” The 1956 Public Land Order enlarged McKay Creek NWR by 23.5 acres. In 1955 the Service entered into an Agreement Between U.S. Fish and Wildlife Service and U.S. Bureau of Reclamation – August 25, 1955. The Service and the Bureau of Reclamation (BOR) signed an agreement whereby the Service took over primary management of fish and wildlife resources. The agreement has been renewed over the intervening years and is still in effect. The mission of the National Wildlife Refuge System (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: “... 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”
McKay Creek NWR Hunt EA June 2019 Page | 19 The NWRSAA mandates the Secretary of the Interior in administering the NWRS 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 NWRS. McKay Creek NWR is located in Umatilla County, approximately five miles south of Pendleton, Oregon, the largest city within a 20-mile radius of the Refuge. It is an “overlay refuge” of the BOR’s Umatilla Irrigation Project.
Purpose and Need for the Proposed Action: The purpose of this proposed action is to provide compatible wildlife-dependent recreational opportunities at McKay Creek NWR and to align refuge hunting regulations more closely with Oregon state regulations. The need for the proposed action is to meet the Service’s priorities and mandates as outlined by the NWRSAA 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 emergency hunt* for elk is to reduce elk use of the Refuge to address the negative impacts to McKay Creek NWR wildlife and habitat, address safety concerns of motorists using Highway 395, and reduce elk depredation on surrounding agricultural lands. *An ODFW emergency hunt can be defined as an unanticipated hunt held on short notice to address acute agricultural damage. For more information and instructions on applying for emergency hunts, go to: https://myodfw.com/articles/apply-emergency-hunt
McKay Creek NWR Hunt EA June 2019 Page | 20 Figure 1. Areas open and closed to hunting, McKay Creek NWR.
McKay Creek NWR Hunt EA June 2019 Page | 21 Alternatives Considered
Alternative A – Opening Elk, Deer, Turkey, and Dove Hunting on McKay Creek NWR [Proposed Action Alternative]: The Refuge has prepared a McKay Creek NWR Hunt 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, four new species would be open to hunting on McKay Creek NWR. Each of these hunts would be limited to the approximately 620-acre southern portion of the Refuge that is already open to hunting (see Figure 1). Coordination with the Oregon Department of Fish and Wildlife (ODFW) would occur closely for all hunts, but specifically the emergency hunt for elk and the special draw hunt for deer. The potential range of elk hunt dates would be August 1–March 31, but elk hunting would actually occur when the elk are actively using McKay Creek NWR. Typically, this occurs in the winter and early spring. ODFW would determine the appropriate number of elk to be harvested in any given year, based on the size of the herd and effectiveness of the hunt, in order to address public safety, damage to nearby residential properties, and agricultural depredation adjacent to the Refuge. This hunt would closely mimic the current emergency elk hunt that occurs on Cold Springs NWR outside Hermiston, Oregon. ODFW would issue tags through an application process separate from other controlled hunt applications. In setting emergency hunts, ODFW determines dates and weapons that may be used. We would request that muzzleloaders and/or shotguns only be allowed to hunt elk on the Refuge, due to safety concerns with the use of centerfire weapons, and the fact that archery would not assist in hazing elk off the Refuge. Two species of deer occur on McKay Creek NWR (white-tailed and mule deer) and the deer hunt would allow hunters to target both species. A limited number of tags would be issued through a state- run drawing each year and hunters may use shotgun, archery, or muzzleloader as determined by ODFW. Centerfire rifles would not be allowed on the Refuge due to safety concerns (nearby residential areas). Hunt dates and logistics of the hunt would be similar to those at the McCormack Unit of Umatilla NWR outside Irrigon, Oregon, but there would likely be fewer tags issued. Turkey hunting would be restricted to the state-defined General Fall Season for Wildlife Management Unit 49 (Ukiah). The refuge holds a lottery for the opening weekend of upland game birds that typically starts on the first Saturday of October (dates are potentially adjusted based on seasons set by ODFW). If the general fall turkey opening falls on the same date, there would be a lottery draw for turkey hosted by the Service in order to minimize conflict among upland game bird and turkey hunters. After opening weekend, turkey hunting would align with state regulations. In late September, selected hunters would be notified through the mail with an official Refuge letter indicating their status as being drawn for the hunt. This letter would serve as their permit to hunt turkey on opening weekend, which they would need to carry on their person while hunting. ODFW is currently proposing a general fall turkey season opening on October 15 for the 2019-2020 hunting season. In that case, the opening weekend of upland game bird hunting would not be impacted, and turkey hunters would not participate in a lottery. The dove hunt dates would align with the statewide mourning dove season (currently Sept 1–Oct 30) and hunters would be subject to the regulations associated with hunting of migratory game birds. This would also allow hunters to target Eurasian collared-doves during the mourning dove season.
McKay Creek NWR Hunt EA June 2019 Page | 22 Eurasian collared-doves are a non-native, invasive species that is not protected by state or federal laws. All of the proposed hunts would occur on the southern portion of McKay Creek NWR that is already open to goose, duck, coot, snipe, and upland game bird (excluding turkey) hunting.
Alternative B – Maintain Current Hunt Program [No Action Alternative]: McKay Creek NWR is currently open to goose, duck, coot, snipe, and upland game bird hunting (excluding turkey) on the southern portion of the Refuge (approximately 620 acres).In accordance with state regulations. Participation in the opening weekend of upland game bird hunting is subject to a lottery. Hunters access the Refuge from the east side along Shaw Road. The main access gate on the west side of the Refuge off Highway 395 is closed October 1 through the end of February. Under this alternative, the current hunt program would continue as is and no additional species would be open to hunting. Management of elk, deer, turkey, and dove would continue to consist of allowing the natural dispersal and density patterns of these species to fluctuate in response to weather, forage availability, other ecological processes, off-Refuge hunting, and Refuge management activities. Under the No Action Alternative, there would be no change in current Refuge implementation of priority, compatible wildlife-dependent public uses that are allowed on national wildlife refuges, which currently include hunting, fishing, wildlife observation and photography, environmental education and interpretation.
Alternative(s) Considered But Dismissed From Further Consideration The Refuge staff considered spring turkey hunts but dismissed this from further consideration because of the potential for detrimental impacts to nesting and breeding native passerine birds. Additionally, spring turkey hunts target only male turkeys, which does not substantially contribute to a reduction of flock size; reducing flock size is an important part of the state’s desire to institute a hunt. The Refuge staff also considered ODFW emergency hunts for turkey, but dismissed this from further consideration because the general fall turkey season should be sufficient to reduce the number of turkeys that have started to cause damage to nearby private property.
Affected Environment The Refuge is approximately 2.9 square miles (1,837 acres) in Umatilla County, Oregon. It primarily consists of wetlands, grasslands, sagebrush uplands, and riparian communities that provide important habitats for large mammals, fish, and migratory landbirds. The open waters of the reservoir and wetlands provide a vital haven for wintering waterfowl. The proposed action is located in the southern portion of the Refuge, which is dominated by riparian communities and reservoir bottom, typically exposed by drawdown of the reservoir during the times of year when the proposed hunts are likely to occur. Tables 1– 5 provide additional, brief descriptions of each resource affected by the proposed action.
Environmental Consequences of the Proposed 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 McKay Creek NWR Hunt EA June 2019 Page | 23 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. 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
Rocky Mountain elk (Cervus elaphus canadensis) are the second largest member of the Cervidae family. They are social animals that form herds led by older females. They are primarily found in forests, meadows, mountain valleys, and foothills. Elk are mobile animals that in the winter months move downslope out of deep snow to warmer, more open habitats where they can invade agricultural habitats (Csuti et al. 2001). Elk have increasingly migrated in larger numbers in the winter to the base of the southern Blue Mountains. In the area surrounding McKay Creek NWR, ODFW has documented upwards of 2,000 elk on the valley floor in some winters, with as many as 900 elk within the Refuge at times. These large herds wander onto Highway 395 causing safety concerns to passing motorists. Responding to the public’s concern and request for action, ODFW has at times hazed elk off the highway, only to have them return to the Refuge and repeat the cycle on subsequent nights. With no elk hunting allowed on the Refuge, McKay Creek NWR serves as a sanctuary area for elk. In addition to public safety concerns, these elk also cause damage to nearby residential and agricultural interests, primarily winter wheat fields. To address these problems, ODFW requested the Service initiate emergency elk hunts during harsh winters when large herds come down to the valley floor. The Service anticipates that this may occur once every 3 to 5 years on average. McKay Creek NWR is located within ODFW’s Ukiah Wildlife Management Unit (WMU). Elk harvest data from ODFW for the years 2016 and 2017 indicate that the total elk harvest in the 898- square-mile Ukiah WMU, of which McKay Creek NWR constitutes less than one-half of one
McKay Creek NWR Hunt EA June 2019 Page | 24 percent of the total WMU area, represented only about 12.9 percent of the total elk harvested statewide. ODFW has a Rocky Mountain elk population objective of 5,000 for the Ukiah WMU (ODFW 2016a). The 2016 population estimate was approximately 5,100 individuals compared to an estimated population of 5,000 individuals in 2005. The 5,100 individuals represents about 6.9 percent of the total estimated statewide population of 74,227. The 2016 population estimate is slightly higher than ODFW’s statewide population objective of 72,050.
Anticipated Direct And Indirect Impacts Alternative A (Proposed Action): The proposed elk hunt at McKay Creek NWR addresses two issues: 1) farm and residential depredation during harsh winters when large numbers of elk come down from the Blue Mountains, and 2) safety concerns on Highway 395 associated with those larger- than-normal herds. This proposed action would help align the Refuge hunting regulations with state regulations. The objective of the proposed hunt would be to assist ODFW in ensuring McKay Creek NWR does not harbor elk during harsh winters, creating safety issues on Highway 395 and depredation on nearby residences and croplands. Hunting pressure on the Refuge would move elk off the Refuge onto adjacent private lands where they may also be hunted, thereby resulting in further reductions and hazing of the herd. Elk may also elect to move upslope toward the Blue Mountains, removing them from areas of conflict. The amount of harvest would be set by ODFW based on the winter population in the valley and the response of the herd to hunt pressure (i.e., if the elk respond rapidly by leaving the Refuge, no further permits would be issued). Take levels are not possible to forecast, but based on the total percentage of elk harvested on an annual basis in the Ukiah WMU compared to the overall statewide harvest numbers, it is anticipated that an additional harvest once every 3 to 5 years would be minor, as the effects would be detectable but localized, small, and of little consequence to the statewide population of elk. The use of elk hunts on a limited basis would reduce cow elk and would also serve as a hazing activity within the Refuge to encourage elk to move to the east and ultimately out of the valley to higher elevations. It is ODFW’s policy not to haze elk when they do not have any acceptable place to go due to deep snow and severe winter conditions. It is anticipated that elk hunts would be used only when it would be appropriate due to elk staying in the Refuge well into early spring and that only a few hunters would be needed when elk will not leave the Refuge on their own. Alternative B (No Action): No elk hunting would occur on the Refuge during harsh winters when population numbers in the valley swell. Safety issues on Highway 395 and depredation of nearby croplands and residences would continue, likely requiring ODFW to respond to these issues with other hazing techniques, which may simply drive the hazed elk back to the Refuge. Elk and deer have created a noticeable browse line in riparian habitat and the large numbers of ungulates also trample riparian understory vegetation. The impacts of the heavy ungulate use of the Refuge’s riparian vegetation on other wildlife species that use this habitat for foraging, nesting, or cover (e.g., migratory and resident landbirds) has not been demonstrated, but is likely to be moderately adverse, as the effects are readily detectable and localized, with consequences to wildlife using this habitat.
McKay Creek NWR Hunt EA June 2019 Page | 25 Deer
The Refuge supports resident populations of white-tailed deer (Odocoileus virginianus) and mule deer (O. hemionus). Very little is known about the size and condition of the resident deer herds. However, based on anecdotal observations these small populations appear to be increasing. Deer depredation on private residences and croplands surrounding the Refuge has been an ongoing problem. ODFW has requested the Service to initiate a deer hunt to provide for both a wildlife- dependent recreational activity and to reduce deer depredation claims. Deer harvest data from ODFW for the years 2016 and 2017 indicate that total deer harvest in the Ukiah Unit represented only about 1.2 percent of the total deer harvest statewide. ODFW has a mule deer population objective of 8,500 for the Ukiah WMU (ODFW 2016a). The 2016 population was estimated to be approximately 8,000 individuals with a static population trend. The 8,000 individuals represent about 4.2 percent of the estimated statewide population of 191,097, which is below the statewide population objective of 326,000 individuals.
Anticipated Direct And Indirect Impacts Alternative A (Proposed Action): Under Alternative A, Refuge hunting regulations would be better aligned with state regulations. At this time, no target has been set by ODFW for their desired herd management level. Due to the presence of residences in the area, and potential conflicts with other recreational users, any such hunt would be carefully controlled for the number of hunters, durations of access, and types of weapons. A special permit hunt similar to that used at Umatilla NWR is a good initial model. This would probably include a small number of tags for antlered deer, as well as a slightly larger number of tags for antlerless deer. Weapons are likely to be limited to archery, shotguns with slugs, and possibly muzzleloader. The Service anticipates that fewer than 10 tags would be issued annually for the McKay Creek NWR hunt. Even in the unlikely event that all hunters are successful, this amount of additional take would be insignificant to deer populations both within Ukiah WMU and at the state population level. Alternative B (No Action): No deer hunting would occur on the Refuge. Deer population numbers would likely remain stable or increase on the Refuge. Depredation of nearby croplands and damage to residences would likely continue at current levels or increase should the deer population increase. As noted under the elk discussion, deer contribute to the noticeable browse line and trampling of riparian vegetation. The impacts of the heavy ungulate use of the riparian vegetation on other wildlife species that use this habitat for foraging, nesting, or cover (e.g., migratory and resident landbirds) has not been demonstrated, but is likely to be adverse, though minor.
Wild Turkey
Wild turkey (Meleagris gallopavo) is an upland game bird native to North America but introduced into Oregon, where their range continues to expand (ODFW 2015). Wild turkeys can be found in a variety of habitats, but favor open forests with grassy openings, hilly terrain, and riparian areas. They are usually found near water (Csuti et al. 2001). The wild turkey population on McKay Creek NWR has been increasing with a current estimate of 175 or more individuals inhabiting the Refuge and areas to the south. ODFW reports that turkeys
McKay Creek NWR Hunt EA June 2019 Page | 26 are causing damage to private residences around the south end of the Refuge, and the population is expanding northward. ODFW is concerned that turkeys may reach Pendleton where they could cause depredation impacts to a much larger number of private residences. Wild turkeys are not a migratory species; ODFW manages wild turkey hunting in Oregon based upon a regulatory-setting process that involves state monitoring of wild turkey populations that form the basis for establishing harvest levels and seasons. ODFW maintains a policy to maximize upland game bird hunting opportunities consistent with the adequate protection of the hunted species (ODFW 2015). As turkey populations have increased, ODFW has expanded fall hunting opportunities. Fall seasons can be used to control turkey populations and assist landowners with addressing damage. Emergency hunts for turkeys can also be used to address turkey nuisance and damage.
Anticipated Direct And Indirect Impacts Alternative A (Proposed Action): The objective of the proposed hunt at McKay Creek NWR is fourfold: address wild turkey depredation on private lands, slow the population spread northward into Pendleton, provide a wildlife-dependent recreational activity to area hunters, and better align Refuge hunting regulations with state regulations. Initiating a new turkey hunt on McKay Creek NWR is expected to have only a minor effect on the overall population of wild turkeys as the effects would be detectable but localized, small, and of little consequence to the statewide population. Alternative B (No Action): No wild turkey hunting would occur on the Refuge. The Refuge’s wild turkey population would remain the same as at present or potentially increase. The northward expansion of the population would likely continue, potentially reaching Pendleton, resulting in increased depredation to private lands. Wild turkeys are not native to Oregon and are suspected to cause direct and indirect detrimental impacts to native passerine breeding birds through aggressive behaviors and nest/juvenile depredation, so unchecked growth of the size of the turkey flock may cause adverse impacts to native passerines and other wildlife.
Dove
Two species of dove occur on McKay Creek NWR: the native mourning dove (Zenaida macroura) and the introduced and invasive Eurasian collared-dove (Streptopelia decaocto). Mourning doves use a variety of habitats in Oregon and are common to agricultural lands, pastures, and woodlands (Csuti et al. 2001). They occur in arid areas of eastern Oregon provided there is access to water nearby, which occurs on the Refuge. The Eurasian collared-dove, a species of dove native to warm temperate and subtropical Asia, was introduced to North America in the 1980s. They have no regular migration, but juveniles may disperse long distances, which aids in the spread of the population. They are now common-to-abundant across much of North America, as far northwest as Oregon and Washington. This very adaptable species is found in suburbs, farmlands, woodland edges, and open country (https://www.audubon.org/field- guide/bird/eurasian-collared-dove). There are no population estimates for either species on the Refuge as populations fluctuate annually, though both species are commonly observed.
McKay Creek NWR Hunt EA June 2019 Page | 27 Anticipated Direct And Indirect Impacts Alternative A (Proposed Action): The objective of the proposed hunt at McKay Creek NWR is threefold: to reduce the population growth of Eurasian collared-dove (which is not protected by state or federal laws) on the Refuge, to provide additional wildlife-dependent recreational opportunities to area hunters, and to better align Refuge hunting regulations with state regulations. McKay Creek NWR is the only refuge of the Mid-Columbia River NWR Complex that does not provide a dove hunt. During the hunting season, there would be no limit on the harvest of Eurasian collared-dove because they are an introduced species not protected by federal or state laws. Harvest limits for mourning dove would follow state regulations. Alternative B (No Action): Under Alternative B, no dove hunting would occur on the Refuge. The population of Eurasian collared-dove would likely increase, creating increased competitive pressures on migratory passerines at the Refuge. The increased competitive pressure would likely affect passerine breeding success, but to an unknown degree.
Other Wildlife and Aquatic Species
The Refuge supports a diversity of wildlife species of eastern Oregon, including waterfowl, waterbirds, migratory and resident landbirds, raptors, mammals, reptiles, amphibians, and invertebrates, which are all important contributors to the overall biodiversity on the Refuge. Fish species are largely non-native introduced warmwater species, but these provide sport fishing opportunities as well as a forage base for waterbirds. Songbirds, raptors, and waterbirds (e.g., double-crested cormorants) breed at the Refuge, whereas shorebirds and waterfowl primarily utilize the Refuge as wintering and migratory habitat. Wintering waterfowl concentrations on the Refuge are highest from late-November through February. McKay Creek Reservoir is closed to boats October 1 through the end of February. This boat closure and the closure of the northern part of the Refuge to hunting provides sanctuary and roosting areas for migratory birds and helps to offset potential disturbance effects.
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 food habits or moving to other areas. Under Alternative A, elk, deer, turkey, and dove hunting would be allowed in the southern portion of the Refuge (approximately 620 acres) that are currently open to other hunting opportunities. Impacts to species dependent on riparian habitat, in particular, would be greater than under Alternative B due to ungulate browse and trampling damage. 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 allowed on the Refuge at any given time and the seasonality of the current and proposed hunts, as well as the availability of adjacent habitat for escape. The impacts to other species caused by emergency hunting for elk would occur primarily during the highest elk use time period on the Refuge, probably in late winter or early spring. From August to February, the reservoir is low and waterfowl and waterbirds are a significant distance away from areas where elk typically congregate. As water level rises in the spring, potential for disturbance to
McKay Creek NWR Hunt EA June 2019 Page | 28 waterfowl and waterbirds increases, but the impacts from the elk hunt would be minimal. Impacts to passerines and other birds are possible in the early spring months, but anticipated impacts are largely reduced by the limited numbers of elk hunters that may be present at any given time. Raptors, owls, and colonial-nesting birds (e.g., double-crested cormorants) may initiate nesting in riparian areas during periods of hunting activity. The Refuge contains one small active nesting colony of double-crested cormorants, but the colony occurs in the northeast portion of the Refuge where no hunting would occur. The impacts to other species caused by deer hunting would be minimal as deer hunting would occur in the early fall and this is a relatively low wildlife use period by most species other than shorebirds that are beginning to migrate. However they would primarily be using the shoreline areas of the reservoir which are extensive and allow ample area for escape from disturbance. Additionally, very few deer tags would be issued and only for short periods of time. Impacts to other species caused by wild turkey and dove hunting are likely to be minimal due to timing (wild turkey hunts would occur in conjunction with other game bird hunts and dove hunting would occur during the early fall time period of low wildlife use on the Refuge) as well as a limited number of hunters expected on any given day. 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 and Other Special Status Species
No federally listed species are known to occur on the Refuge; however, there are sensitive species. The western painted turtle (Chrysemys picta bellii) is listed as a sensitive species (critical) in Oregon and is a state candidate species. The hoary bat (Lasiurus cinereus), silver-haired bat (Lasionycteris noctivagans), and California myotis (Myotis californicus) are listed as sensitive species (vulnerable) in Oregon (Sensitive Species List, ODFW 2016b).
Anticipated Direct And Indirect Impacts Alternative A (Proposed Action): Impacts to sensitive species or species of concern would be expected to remain minimal, since hunters would not be present at times when bats are foraging. Only small numbers of hunters would use habitats where western painted turtles occur and hunting would largely occur during cooler seasons when painted turtles are inactive. Alternative B (No Action): No additional hunting would occur on the Refuge; therefore, impacts to sensitive species or species of concern caused by human activities would remain the same as at present (minimal).
Vegetation (including vegetation of special management concern)
Vegetation communities present on the Refuge include grassland dominated by non-native annual grasses, e.g., cheatgrass (Bromus tectorum), palustrine scrub-shrub communities dominated by willows (Salix spp.), and riparian woodland dominated by cottonwoods (Populus spp.), willows, and non-native Russian olive (Elaeagnus angustifolia).
McKay Creek NWR Hunt EA June 2019 Page | 29 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 of vegetation and soil disturbance, especially on ingress and egress routes. Hunting activities will have different impacts to habitat over the course of the year. From October to March, the impact to vegetation would be minimal as most understory plants are dormant. During the remainder of the year, there would be minor impacts, but given the limited number of hunters, these impacts would be minimal. Loss of plants from foot traffic would be minor and temporary and would likely occur on existing foot paths created by current public uses or game trails created by wildlife movement. There would be an anticipated overall reduction in impacts to vegetation from consumption and trampling by ungulates as the herds are reduced. Minor to moderate beneficial impacts to riparian vegetation would be likely, due to the decrease in the ungulate population or a decrease in the number of ungulates using the Refuge as a sanctuary area. There would be negligible impacts to upland vegetation (grassland communities). Alternative B (No Action): No additional hunting would occur on the Refuge; therefore, impacts to vegetation caused by human activities would remain the same as at present or potentially increase. However, the continued presence of large numbers of ungulates on the Refuge would be likely to result in minor to moderate impacts to riparian vegetation.
McKay Creek NWR Hunt EA June 2019 Page | 30 Table 2. Affected Visitor Use and Experience and Cultural Resources and Anticipated Impacts of the Proposed Action and No Action Alternatives
Visitor Use and Experience
Currently, an estimated 50,000 people visit the Refuge annually. McKay Creek Reservoir is a popular local destination for non–wildlife-dependent water recreation such as boat-powered water sports. Warmwater fishing is also a popular activity. Most fishing and boating occurs in the late spring and summer before reservoir water levels drop. Birdwatching, photography, and select bird hunting are also popular activities. The northern portion of the Refuge is open March 1 through September 30 to boating, wildlife observation, photography, fishing, and hiking. Fishing occurs from the bank and from boats. McKay Creek Reservoir is open to all boats and two boat launches exist on the Refuge. There is no restriction on where boating activities may occur. Environmental education and interpretation is minimal since the Refuge has no on-site staff. The southern portion of the Refuge is open to hunting from March 1 through the end of the state waterfowl season, and select hunting occurs in accordance with state regulations.
Anticipated Direct And Indirect Impacts Alternative A (Proposed Action): Conflicts between hunters and other user groups could arise; however, this is not expected to be a significant issue because most non-hunting visitation occurs during the spring and summer, before water levels in the reservoir drop, and because hunting activities would be restricted to the southern portion where there is less public use between March 1 and September 30. Additionally, since the primary Refuge use is non–wildlife-dependent recreation, conflict is expected to be negligible. Hunting activities (e.g., gunshot noise) have the potential to disturb Refuge visitors engaged in other wildlife-dependent recreational uses. The impacts would be minor for the reasons described above, and because only small numbers of hunters would be allowed on the Refuge at any given time. Hunters would be cautioned to avoid areas where other public uses are occurring before October 1, and after that hunting is the only public use allowed on the Refuge. Alternative B (No Action): No additional hunting would occur on the Refuge. However, the Refuge has no on-site staff, and only occasional law enforcement patrols are conducted. Trash dumping, trespass, and occasional overnight camping would continue to be issues on the Refuge.
Cultural Resources
The McKay Dam is listed as "eligible" for listing in the NRHP (http://heritagedata.prd.state.or.us/historic/). It is the only known historic property eligible for listing on McKay Creek NWR. A historically important Miocene fossil vertebrate bed occurs on McKay Creek NWR that has been the focus of extensive paleobiological research. The fossil bed is located on an approximately 1,000-foot stretch of shoreline along a peninsula on the northeast shore of McKay Reservoir. During the summer of 2017, researchers from Gonzaga University surveyed McKay Creek NWR to determine if other fossil-bearing outcrops exist along the reservoir, but they were unable to locate any.
McKay Creek NWR Hunt EA June 2019 Page | 31 McKay Creek NWR is located in lands ceded to the U.S. Government in the Treaty of 1855 with the Cayuse, Umatilla, and Walla Walla, 12 Stat. 945. The Confederated Tribes of the Umatilla Indian Reservation (CTUIR) have reserved explicit hunting, fishing, gathering, and pasturing rights in that treaty and the CTUIR actively works with the U.S. Government in natural resources planning efforts to protect their off-reservation treaty rights (Phinney and Karson 2007).
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 Miocene fossil bed is located in the northern part of the Refuge, which is closed to hunting. The proposed actions will not affect the fossil bed. Likewise, McKay Dam will not be affected by the proposed hunts. Under the terms of Section 106, the proposed actions are undertakings that are considered to be of the type of activity that has no potential to cause effects to cultural resources because the criteria of an adverse effect as described in the National Historic Preservation Act (NHPA) (36 CFR § 800.5) do not apply. Hunting elk, deer, turkey, and dove requires no ground-disturbing activities or other activities that might disturb undocumented paleontological, archaeological, or historic sites. Adding four new species to the hunt program is unlikely to create any additional potential disturbance to cultural resources as it is expected to only slightly increase hunter use and only in areas that are already open to public use, including hunting. The proposed actions would not alter, directly or indirectly, any characteristic of a historic property. As such, no additional NHPA consultation is required. Alternative B (No Action): Under this alternative, there would be no change to the current hunting program on the Refuge. Hunting of goose, duck, coot, snipe, and upland game birds (excluding turkey) 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 is one main entrance on the west side of the Refuge, off Highway 395 that is open March 1 through September 30. Approximately three miles of road are accessed from the main entrance, running north to south. There is one improved boat launch and one unimproved boat launch off this road. There are approximately ten parking lots or wide spots in the road for parking. On the east side of the Refuge, there are three parking lots off Shaw Road. BOR has access to the dam and other facilities on the north side of the Refuge behind a locked gate.
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
McKay Creek NWR Hunt EA June 2019 Page | 32 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 in parking areas; • Install signs in parking areas to allow only pedestrian hunter access to hunting areas; • Manage the hunts in accordance with all applicable federal laws (50 CFR Subchapter C) and consistent with applicable state laws; • Maintain compliance with regulations by dispatching Service and ODFW law enforcement officers onsite to perform field checks. Alternative B (No Action): 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 Mid-Columbia River National Wildlife Refuge Complex (Complex), which also administers Cold Springs, McNary, and Umatilla National Wildlife Refuges. The McKay Creek Refuge Manager is headquartered at McNary NWR in Burbank, Washington (one hour away). The Refuge Manager and a full-time maintenance worker stationed at Umatilla NWR are responsible for day-to-day maintenance and operations of McKay Creek NWR. Additional work is accomplished across the Complex by temporary maintenance workers, fire personnel, and visitor services personnel. Time spent on the Refuge, specific to hunting, is relatively minimal and is included in the hunting logistics for the other refuges in the Complex. The distance of the Refuge from its shared staff is logistically challenging. Law enforcement is currently covered by refuge officers stationed out of the Mid-Columbia River NWR Complex office, in Burbank, Washington. Law enforcement visits are largely handled by a single refuge officer (who covers the Complex’s Oregon refuges); however, they receive support from members of the local sheriff’s office, ODFW, and the Oregon State Police.
Anticipated Direct And Indirect Impacts Alternative A (Proposed Action): The Service does not have the resources to administer this program by itself. However, the proposed ungulate hunts would fall within a highly regulated state permit program. The proposed turkey and dove hunts would require relatively little oversight from Refuge staff since they would be included in the typical work associated with current hunts. Permits will be administered and managed largely by ODFW. Estimated costs to implement this alternative would be approximately $5,000 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. This would represent an increase in law enforcement presence over current levels. This would represent a minor negative impact on Refuge staff and budget and would result in the Refuge having to reduce other priority actions. Alternative B (No Action): No additional hunting would occur on the Refuge; staffing and funding devoted to current hunting programs would remain unchanged.
McKay Creek NWR Hunt EA June 2019 Page | 33 Table 4. Affected Socioeconomics and Anticipated Impacts of the Proposed Action and No Action Alternatives
Local and Regional Economies
The Refuge lies within Umatilla County, Oregon. Umatilla County is primarily rural, with a population of 76,531 in 2015 (U.S. Census 2015). Nearby cities (within a 10-mile radius of the Refuge) are Pendleton, with a population of 16,612 in 2010, and Pilot Rock, with a population of 1,502 in 2010. The predominant land use in the vicinity of the Refuge is irrigated farming. The Refuge estimates an average of 50,000 visitors per year. It appears that most visitors to the Refuge are from the local 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 gas at local service stations and meals from local restaurants. Relative to the size of the local economy, these effects would be negligible. Alternative B (No Action): 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
McKay Creek NWR lies within an area of mostly private lands that are intensively managed for agriculture. A large herd of approximately 900 elk use the Refuge as a sanctuary during harsh winters and exit the Refuge on a nightly basis to feed on crops. Elk will also congregate between Refuge lands and Highway 395, which poses a safety risk to vehicles on the highway. The number of landowners affected by elk damage is highly variable and dependent on the severity of the winter in a particular year. Over the past ten years, ODFW damage database shows that six to seven landowners are negatively impacted due to elk damage each year. This damage includes impacts to crops such as winter wheat, canola, alfalfa, rangeland pasture grass, and existing fencing. One adjacent landowner estimates crop losses between $70,000 to $80,000 each year from elk damage to winter wheat (Greg Rimbach, ODFW Umatilla District Wildlife Biologist, pers. comm., December, 2018).
Anticipated Direct And Indirect Impacts Alternative A (Proposed Action): Under Alternative A. the Service, in conjunction with ODFW, would institute emergency hunts for elk in an attempt to limit depredation loss to surrounding farmlands The hunts would only occur during harsh winters when large herds move out of the Blue Mountains, so some annual depredation damage is to be expected. Because the number of tags to be issued would be determined based on ODFW winter population estimates, the size of a hunt and its impacts to the herd cannot be definitively determined. However, it is reasonable to expect the hunts would successfully reduce depredation damage to surrounding farmlands, not only due to direct take of elk on the Refuge, but also because the hunt would discourage elk from using the Refuge as a sanctuary and move them onto adjacent lands where they may be hunted.
McKay Creek NWR Hunt EA June 2019 Page | 34 Alternative B (No Action): Under Alternative B, additional hunts would not be implemented; therefore, current agricultural and safety 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): The Service has not identified any potential high and adverse environmental or human health impacts related to the proposed action. The Service has identified minority or low-income communities within the surrounding community; however, minority or low-income communities would not be disproportionately affected by any impacts from the proposed action. Alternative B (No Action): Under Alternative B there would be no change to existing Refuge hunt program. There would be no impacts to minority or low-income communities from maintaining the existing program.
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 No Action 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 McKay Creek NWR, alternative, the Refuge would allow the harvest of elk, conduct hunting programs within the deer, turkey, and dove. By comparison, the state already framework of state and federal allows general season hunts and depredation hunts for regulations. Population estimates of these species on lands surrounding the Refuge. huntable species are developed at a regional, state, and continental scale. The proposed hunts would have a negligible cumulative Hunting frameworks and take limits are effect on regional and statewide wildlife populations. set based upon these estimates. The Wildlife management of populations is important to proposed Refuge hunting program rules ensure the health of the ecosystem, and the Refuge’s hunt would conform to hunting regulations in program provides minor, additional beneficial impacts to
McKay Creek NWR Hunt EA June 2019 Page | 35 the state of Oregon that have been set for the cumulative impacts of wildlife management in the the Ukiah WMU. By maintaining state. hunting regulations that are the same as As a result, changes or additions to hunting on the Refuge or more restrictive than the state, will have minor cumulative effects on wildlife species in individual refuges ensure that they are Oregon. Although the Preferred Alternative would maintaining seasons which are increase hunting opportunities compared to the No Action supportive of management on a more Alternative, only limited numbers of hunters would be regional basis. Such an approach also allowed on the Refuge at any given time. The slight provides consistency with large-scale increase in hunter activity will not rise to a significant population status and objectives. cumulative effect locally, regionally, or nationally.
Agricultural Land Uses The Refuge is currently surrounded by a The current agricultural use of the area surrounding the mixture of agricultural and residential Refuge is expected to continue. The proposed hunts are zoned areas. The areas surrounding the consistent with agricultural land use since they either do southern portion of the Refuge are zoned not interfere with off-Refuge lands or are consistent in for large-scale agriculture. Conversion of working toward ODFW’s goal of reducing elk crop losses this area is not anticipated. Crop and addressing wild turkey damage complaints. depredation near the Refuge is highly variable, but a single landowner has estimated losses at up to $80,000 annually.
Use of Lead Ammunition The Refuge represents only a small fraction of the hunt for elk, deer, wild turkey, and doves in the local area. The Use of lead ammunition is allowed under Refuge would not allow use of toxic (lead) shot for Oregon regulations, but many ODFW hunting these species. Additional amounts of lead from wildlife areas along with federal NWRs muzzleloaders and shotguns shooting slugs would have a prohibit the use of toxic (lead) shot. Lead negligible impact on the cumulative impacts of lead in the shot also cannot be used to hunt duck, environment because these additional hunts represent a goose, snipe, and coot small fraction of hunting and use of lead ammunition in (https://www.dfw.state.or.us/resources/h the surrounding area. unting/learn_to_hunt.asp).
Climate Change Climate change is expected to affect a The proposed action is not anticipated to contribute to the variety of natural processes and impacts of climate change. 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 in the Columbia Basin and increased frequency of wildfire could dramatically alter the available wildlife habitat on the Refuge and surrounding areas, as well as
McKay Creek NWR Hunt EA June 2019 Page | 36 changing the pattern of harsh winters that drive elk onto the Refuge.
Monitoring The Service would maintain compliance with hunting regulations by dispatching Service and ODFW law enforcement officers to the Refuge to perform field checks. Hunters would report harvest of ungulates and wild turkey to the ODFW office issuing the permits. ODFW would continue to monitor wildlife populations in the Ukiah WMU, which includes the Refuge, using overflights and other methods, to determine the response of these wildlife species to management.
Summary of Analysis: The purpose of this EA is to briefly 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, with possible long-term minor to moderate beneficial impacts to riparian habitat and associated wildlife. The Service believes that elk, deer, turkey, and dove hunting on McKay Creek NWR would not have a significant impact on regional or statewide wildlife populations. The percentage likely to be taken on the Refuge, though additive to existing hunting/depredation takes, would be a tiny fraction of the estimated statewide populations. Therefore, these hunts would only 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 would be adjusted as needed under the existing state regulatory processes. The proposed hunts are likely to result in minor to moderate beneficial impacts to riparian vegetation over both the short and long term. This may result in minor beneficial impacts to wildlife that use these habitats for nesting, foraging, and cover, including waterfowl and migrant and resident landbirds. 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 reduced crop damage, as summarized above, none of the impacts, even when accumulated, would be significant on the human environment. Alternative A is the Service’s proposed action because it offers the best opportunity for expanding public hunt opportunities that would result in a minimal impact on physical and biological resources. Opening the Refuge to these hunts as proposed under this alternative would meet the need of the Refuge under the NWRSAA to provide for compatible, wildlife-dependent recreational opportunities while helping to fulfill Secretarial Orders 3447 and 3356. Based on the above analyses, the Service has determined that Alternative A, the Service’s proposed action alternative, would not have any significant impact on the human environment.
McKay Creek NWR Hunt EA June 2019 Page | 37 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 large elk herd would continue to use the Refuge as a sanctuary area during harsh winters and cause crop damage on adjacent agricultural lands, resulting in annual economic losses to agricultural producers adjacent to the Refuge and safety concerns to travelers on Highway 395 immediately west of the Refuge. The wild turkey flock would likely continue to increase and ODFW would receive increased damage complaints. No additional hunt opportunities would be provided and the Refuge would not come closer to aligning Refuge hunt regulations with state regulations. Alternative B would result in minor to moderate adverse impacts to the Refuge’s riparian habitat and negligible impacts to McKay Creek Reservoir and upland habitats. Alternative B is not the Service’s preferred alternative because elk would continue to use the Refuge as a sanctuary, deer hunting would not occur at all, wild turkey would continue to damage nearby private lands, and dove hunting would remain illegal on the Refuge.
State Coordination: Discussions with ODFW staff over potential changes to the hunting program for McKay Creek NWR specific to deer and elk hunting have been ongoing for many years. Concerns about the influx of elk to the Refuge during prolonged severe winter weather events have been the main discussion point for ODFW as the impacts to agricultural lands adjacent to the Refuge are problematic and costly to the agency. As the influx of elk occurs infrequently, work on this issue was not prioritized as the Mid- Columbia River NWR Complex worked cooperatively with ODFW to address the more pressing elk population issue on the nearby Cold Springs NWR, which was opened to elk hunting in 2018. More recent discussions with ODFW occurred in October 2018 when ODFW was approached by Refuge staff soliciting advice on what they saw as viable options for elk and turkey hunting at McKay Creek NWR. ODFW responded by providing in writing specific recommendations regarding elk and turkey hunting and some additional thoughts to address the deer population through hunting opportunities. Those recommendations were used as the foundation for the hunt plan and the proposed alternative in this EA. Coordination continued in 2019 with ODFW with Refuge staff contacting ODFW letting them know that in addition to elk, deer, and turkey, the Refuge was proposing to open the Refuge to dove hunting as well. The need for coordination with the CTUIR was brought up during the discussion as Tribal interests have played an integral part in proposed hunt plans for other nearby Refuges. ODFW agreed to work with the Refuge and jointly meet with the Tribe to address any concerns and needs the Tribe might have with respect to hunting of elk, deer, turkey, and dove. The meeting is scheduled to occur in February 2019. ODFW will be given an advance copy of this Draft EA and Hunt Plan and invited to provide comments, prior to issuance of the Draft EA and Hunt Plan for public comment.
McKay Creek NWR Hunt EA June 2019 Page | 38 Tribal Consultation: Coordination with the CTUIR on any significant changes to hunting programs at national wildlife refuges within their ceded territory occurs on a regular basis. Coordination discussions with the CTUIR over opening McKay Creek NWR to elk, deer, turkey, and dove hunting was initiated mid- January 2019. A coordination meeting involving ODFW, the Refuge, and CTUIR is planned, followed by a meeting with the CTUIR Fish and Wildlife Commission. Dates have not been set but it is anticipated the coordination meetings will occur before spring 2019. The CTUIR 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 comments will be solicited. Comments or requests for additional information may be submitted through any of the following methods: Email: [email protected]. Include “McKay Creek Hunt” in the subject line of the message. Fax: Attn: McKay Creek Hunt (509) 546-8303. Mail: U.S. Fish and Wildlife Service, Attn: Keely Lopez, Refuge Manager, 64 Maple Street, Burbank, Washington 99323 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.
List of Sources, Agencies and Persons Consulted: Oregon Department of Fish and Wildlife: Mark T. Kirsch, John Day Watershed Manager Greg Rimbach, Umatilla District Wildlife Biologist Brian Laughlin, Assistant Umatilla District Wildlife Biologist U.S. Fish and Wildlife Service, Pacific Region: Jeff Howland, Project Leader, Mid-Columbia River NWR Complex Keely Lopez, Refuge Manager, McNary, Umatilla, Cold Springs, and McKay Creek NWRs Laila Lienisch, Regional Hunting and Fishing Coordinator Ken Morris, Conservation Planner List of Preparers: Keely Lopez, Refuge Manager, McKay Creek NWR Jeff Howland, Project Leader, McKay Creek NWRC Denise McInturff, Visitor Services Manager, McKay Creek NWR Ken Morris, Conservation Planner, USFWS Pacific Region
McKay Creek NWR Hunt EA June 2019 Page | 39 Kevin O’Hara, Conservation Planner, USFWS Pacific Region Brett M. Moule, Chief - Visitor Services and Planning, USFWS Pacific Region References: Csuti, Blair. O'Neil, T., Shaughnessy, M., Gaines, E., and Hak, J. 2001. Atlas of Oregon Wildlife. Oregon State University Press. 544pp. Oregon Department of Fish and Wildlife (ODFW). 2015. Oregon Upland Game Bird Hunting Season Framework; Effective dates: September 1, 2015 through August 31, 2020. Wildlife Division; Oregon Department of Fish and Wildlife. 4034 Fairview Industrial Drive SE. Salem, Oregon 97302. Oregon Department of Fish and Wildlife (ODFW). 2016a. 2016 Mule Deer Winter Population and Buck Ratio Management Objectives (MO). Available at: https://www.dfw.state.or.us/wildlife/management_plans/docs/Mule%20Deer%20Management%2 0Objectives%20-%202016.pdf Oregon Department of Fish and Wildlife (ODFW). 2016b. Sensitive Species List. Available at: https://www.dfw.state.or.us/wildlife/diversity/species/docs/2016_Sensitive_Species_List.pdf Phinney, W. and Karson, J. 2007. The confederated tribes of the Umatilla Indian reservation: modern Indian peoples sustained by the land and rivers of their ancestors. In: Berg, Laura (ed.), The first Oregonians, 2nd edition. Oregon Council for the Humanities. 348 pp.
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: ______
McKay Creek NWR Draft EA June 2019 Page | 40 APPENDIX 1
OTHER APPLICABLE STATUES, EXECUTIVE ORDERS & REGULATIONS
STATUTES, EXECUTIVE ORDERS, AND REGULATIONS
Cultural Resources American Indian Religious Freedom Act, as The proposed action includes no ground-disturbing amended, 42 U.S.C. 1996 – 1996a; 43 CFR Part 7 activities, or other activities that might disturb undocumented paleontological, archaeological, or historic Antiquities Act of 1906, 16 U.S.C. 431-433; 43 sites. 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)
Fish & Wildlife Bald and Golden Eagle Protection Act, as No changes are proposed to current Refuge-specific hunting amended, 16 U.S.C. 668-668c, 50 CFR 22 regulations for migratory birds and upland game birds. Endangered Species Act of 1973, as amended, 16 There are no known federal threatened or endangered U.S.C. 1531-1544; 36 CFR Part 13; 50 CFR Parts species on the Refuge (See Appendix 4, ESA Section 7 10, 17, 23, 81, 217, 222, 225, 402, and 450 Consultation). Fish and Wildlife Act of 1956, 16 U.S.C. 742 a-m The proposed action is consistent with Executive Order 13186 because the Environmental Assessment for Elk, Lacey Act, as amended, 16 U.S.C. 3371 et seq.; 15 Deer, Turkey, and Dove Hunting on McKay Creek NWR CFR Parts 10, 11, 12, 14, 300, and 904 evaluates the effects of agency actions on migratory birds. 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)
McKay Creek NWR Hunt EA June 2019 Page | 41 Natural Resources The Service has evaluated the suitability of the McKay Creek Refuge for wilderness designation and concluded that Clean Air Act, as amended, 42 U.S.C. 7401- the Refuge does not meet the basic criteria for inclusion into 7671q; 40 CFR Parts 23, 50, 51, 52, 58, 60, 61, 82, the National Wilderness Preservation System. and 93; 48 CFR Part 23 The Service has evaluated the eligibility of streams on Wilderness Act, 16 U.S.C. 1131 et seq. McKay Creek Refuge for wild and scenic river designation Wild and Scenic Rivers Act, 16 U.S.C. 1271 et and concluded no streams meet the basic criteria for seq. inclusion into the National Wild and Scenic Rivers System Executive Order 13112 – Invasive Species, 64 Fed. The proposed action would have negligible effects to air Reg. 6183 (1999) quality. The proposed action is consistent with Executive Order 13112 because stipulations in permits would be designed to prevent the introduction of invasive species.
Water Resources Coastal Zone Management Act of 1972, 16 U.S.C. The Refuge does not lie in a coastal zone, and contains no rivers, harbors, or navigable waters. 1451 et seq.; 15 CFR Parts 923, 930, 933 There would be negligible impacts of the proposed action Federal Water Pollution Control Act of 1972 on water quality or water resources. (commonly referred to as Clean Water Act), 33 U.S.C. 1251 et seq.; 33 CFR Parts 320-330; 40 The Refuge contains no drinking water sources and does not CFR Parts 110, 112, 116, 117, 230-232, 323, and supply drinking water to any community. 328 The proposed action is consistent with Executive Order Rivers and Harbors Act of 1899, as amended, 33 11990 because implementation of the Hunt Plan would U.S.C. 401 et seq.; 33 CFR Parts 114, 115, 116, protect existing wetlands. 321, 322, and 333 The proposed action is consistent with Executive Order Safe Drinking Water Act of 1974, 42 U.S.C. 300f 11988, because implementation of the Hunt Plan would not et seq.; 40 CFR Parts 141-148 result in the modification or destruction of floodplains. Executive Order 11988 – Floodplain Management, 42 Fed. Reg. 26951 (1977) Executive Order 11990 – Protection of Wetlands, 42 Fed. Reg. 26961 (1977)
McKay Creek NWR Hunt EA June 2019 Page | 42 APPENDIX 2
ENDANGERED SPECIES ACT SECTION 7 CONSULTATION
McKay Creek NWR Hunt EA June 2019 Page | 43 Endangered Species Act Section 7 Consultation Form For Elk, Deer, Turkey, and Dove Hunting at McKay Creek National Wildlife Refuge
Refuge Name: McKay Creek NWR Address: 64 Lake Road, Burbank, WA 99323 Phone: 509-546-8300
Refuge Action: McKay Creek National Wildlife Refuge (MCNWR) is proposing to open elk, deer, turkey, and dove hunting in accordance with existing State, local, and refuge-specific regulations (50 CFR 32).
Part 1
I. Project Overview
1. Project Location
McKay Creek NWR is accessed via Highway 395, approximately 5 miles south of Pendleton, OR (see attached map). Latitude: 45°35'55.73"N, Longitude: 118°47'21.09"W
2. Description of the Proposed Action
The U.S. Fish and Wildlife Service (Service) is undergoing a cooperative effort with the Oregon Department of Fish and Wildlife (ODFW) to open four new species to hunting on MCNWR: elk, deer, wild turkey, and dove. The proposed hunts will occur on the southern portion of the Refuge that is already open to goose, duck, coot, snipe, and upland game bird (excluding turkey) hunting.
ODFW has requested the opening of elk and turkey hunting to address growing depredation concerns to nearby agriculture and residential areas as well as a significant potential safety issue with elk crossing Highway 395 as they move on and off the Refuge. The elk hunt will be an emergency hunt that will be utilized as needed when elk are using the Refuge from winter into early spring due to harsh winter conditions. ODFW also requested the opening of a deer hunt that will allow tag holders to harvest either white-tailed or mule deer and will help reduce the deer herd contributing to the obvious browse line in riparian vegetation on MCNWR. The opening of all proposed hunts, including dove, will help the Refuge open additional compatible hunt opportunities and align Refuge hunting regulations more closely with state hunting regulations.
An Environmental Assessment, Compatibility Determination, and Hunt Plan evaluate the proposed elk, deer, turkey, and dove hunting program at the Refuge. Detailed descriptions of the
44 program and the environmental effects associated with providing this opportunity are described in those documents.
There are no listed species found in the area designated for elk, deer, turkey, and dove hunting. Hunters would be subject to State hunting regulations, which are designed to prevent adverse effects to listed species.
3. Project Timeline
Elk, deer, turkey, and dove hunting will be opened on McKay Creek 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: N/A
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 species: No listed species present. critical habitat: No critical habitat present.
B. may affect, but is not likely to adversely affect species/adversely modify critical habitat
C. may affect, and is likely to adversely affect species/adversely modify critical habitat species: ______status:______* species:______status:______* critical habitat:______*
D. may affect, and is likely to adversely affect species/adversely modify critical habitat species: ______status: Proposed ** species: ______status: Candidate ** proposed critical habitat:______**
______
1 Include state-listed species here if they are to be evaluated through the Section 7 consultation.
45 Signature of Preparer Date
Evaluation by Project Leader:
1. For A & B above: Concurrence ______Non-concurrence ______2. For C above: Formal consultation required ______3. For D above: Conference required ______
______Signature of Project Leader Date
46 Appendix B. Draft Compatibility Determination for Elk, Deer, Turkey, and Dove Hunting on McKay Creek NWR
Draft McKay Creek NWR Turkey, Dove, Deer and Elk Hunt Plan Page 47 Appendix B
Draft Compatibility Determination for Elk, Deer, Turkey, and Dove Hunting on McKay Creek National Wildlife Refuge
Use: Big Game Hunting (Elk and Deer), Upland Game Hunting (Turkey), and Migratory Bird Hunting (Dove)
Refuge Name: McKay Creek National Wildlife Refuge (NWR, Refuge)
County and State: Umatilla County, Oregon
Establishing and Acquisition Authorities
Executive Order 4662, June 7, 1927 Public Land Order 1366, November 27, 1956 Migratory Bird Conservation Act of 1929, as amended (16 U.S.C. §715 et seq)
Refuge Purposes
“refuge and breeding ground for birds” (EO 4662, June 7, 1927) “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, February 18, 1929)
McKay Creek NWR was established as the McKay Creek Bird Refuge on June 7, 1927, through Executive Order 4662. This executive order of President Calvin Coolidge reserved the McKay Creek Bird Refuge as “refuge and breeding ground for birds” to be managed by the Department of Agriculture. The Refuge was expanded by 23.5 acres on November 27, 1956, through Public Land Order 1366, withdrawing additional public lands to enlarge McKay Creek NWR. On August 25, 1955, the United States Fish and Wildlife Service (hereafter referred to as the Service or USFWS, interchangeable) and the Bureau of Reclamation (BOR) signed an agreement whereby the Service took over primary management of fish and wildlife resources on the 1,837 acres of the Refuge. The agreement has been renewed over the intervening years and is still in effect.
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 Administration Act of 1966, as amended [16 U.S.C. 668dd-668ee]).
McKay Creek NWR Draft Hunting Compatibility Determination June 2019 Page | 1 Description of Use:
Currently, McKay Creek NWR is open to hunting of goose, duck, coot, snipe, and upland game birds (excluding turkey). Six new species are proposed to be open to hunting on McKay Creek NWR: elk, white-tailed deer, mule deer, turkey, mourning dove, and Eurasian collared-dove. Coordination with Oregon Department of Fish and Wildlife (ODFW) will occur closely for all hunts, particularly the emergency or controlled hunts* for elk and deer.
Elk would be harvested only by hunters with emergency hunt or kill permits issued by ODFW. The potential range of elk hunt dates would be August 1–March 31, but the emergency elk hunt would actually be offered to hunters as needed when the elk are actively using the Refuge. Typically this occurs in the winter and early spring. ODFW determines the number of elk to be harvested in order to address the public safety and agricultural depredation needs adjacent to the Refuge. The logistics of this hunt would closely mimic the current emergency elk hunt that occurs on Cold Springs NWR outside Hermiston, Oregon. ODFW would issue emergency hunt permits through an application process separate from other hunt applications. Elk hunters would be restricted to certain types of weapons as determined by ODFW and approved by the Service. It is anticipated that emergency hunts would be sufficient to address elk depredation issues; however, if this is not the case, ODFW may issue kill permits for elk.
Two species of deer occur on McKay Creek NWR (white-tailed and mule deer); consequently, the deer hunt would allow hunters to target either species. The hunt would be a controlled 600 series hunt for Wildlife Management Unit 49 (Ukiah). A limited number of tags would be issued through a state-run drawing each year. Hunt dates and the number of tags issued would be determined by ODFW in close coordination with the Service. Hunters would be able to use either shotgun (shooting slug ammunition), archery, or muzzleloader to hunt deer on the Refuge. Hunt dates and logistics of the hunt would be similar to those at the McCormack Unit of Umatilla NWR outside Irrigon, Oregon, which typically runs between August and September for antlerless deer and between September and October for any deer, but there would likely be fewer tags issued.
Turkey hunting would be restricted to the state-defined general fall season for Wildlife Management Unit 49 (Ukiah). If the turkey season starts with the opening of upland game bird season as it does currently, hunters would need to apply to the existing Refuge upland game bird lottery for opening weekend. In late September, selected hunters would be notified through the mail with an official Refuge letter indicating their status as being drawn for the hunt. This letter would serve as their permit to hunt, which they would need to carry with them when hunting. If the state turkey season starts after the opening of the upland game bird season, no additional Refuge permits would be required.
*An ODFW emergency hunt is an unanticipated hunt held on short notice to address acute agricultural damage. Controlled hunts are limited entry hunts that require hunters to apply in advance for the opportunity to draw a tag in a random computerized drawing. For more information and instructions on emergency or controlled hunts, go to: https://myodfw.com/articles/apply-emergency-hunt https://myodfw.com/articles/how-apply-controlled-hunt
McKay Creek NWR Draft Hunting Compatibility Determination June 2019 Page | 2 The dove hunt dates would align with the statewide mourning dove season (Sept 1–Oct 30) and hunters would be subject to the regulations associated with hunting of migratory game birds. This would also allow hunters to target Eurasian collared-doves during the mourning dove season. Eurasian collared-doves are a non-native, invasive species that is not protected by state or federal laws.
All of the proposed hunts would occur on the southern portion of the Refuge that is already open to goose, duck, coot, snipe, and upland game bird (excluding turkey) hunting (approximately 620 acres).
Additional Refuge-specific land use regulations would apply. This may require hunting program orientation, specific area closures for safety and other needs, limitations on guests allowed per hunter, and other general regulations, such as weapon restrictions, fire danger concerns, daily entry times and points of entry to the Refuge, and not allowing overnight camping or campfires. Information and management of ungulate and wild turkey hunting opportunities would be administered by ODFW and would be available through ODFW publications. Refuge-specific information regarding elk, deer, turkey, and dove hunts would be provided by Refuge staff.
Availability of Resources
The Refuge is unstaffed and the Service does not have the resources to administer these hunts. However, the Refuge ungulate and wild turkey hunts would fall within a highly regulated state permit program. Elk hunting under emergency hunts or kill permits and controlled deer hunts would be administered and managed by ODFW. Dove hunting would require minimal Refuge staff time and resources. It is unlikely that significant additional Refuge law enforcement presence would be required to manage these activities. Many of the costs associated with these permit hunts are shared with other public uses (e.g., maintenance of roads also benefits waterfowl hunters and anglers). Some Service staff time would be required to coordinate with the state. The total annual cost to administer the additional hunts is projected to be approximately $5,000 per year. There are currently enough funds in Refuge operations to implement this program.
Anticipated Impacts of the Use
Impacts to Habitats: Foot travel associated with additional hunting could potentially result in trampling of vegetation and soil disturbance, especially in ingress and egress routes. Hunting activities will have different impacts to habitat over the course of the year. From October to March the impact to vegetation would be minimal as most understory plants are dormant. During the remainder of the year there would be minor impacts, but given the limited number of hunters, these impacts would be minimal. Loss of plants from foot traffic would be minor and temporary and would likely occur on existing foot paths created by current public uses or game trails created by wildlife movements.
There would be an anticipated overall reduction in impacts to vegetation from consumption and trampling by ungulates as the herds are reduced or pushed off the Refuge. Minor to moderate beneficial impacts to riparian vegetation would be likely, due to the decrease in the ungulate population or a decrease in the number of ungulates using the Refuge as a sanctuary area. There would be negligible impacts to upland vegetation (grassland communities).
McKay Creek NWR Draft Hunting Compatibility Determination June 2019 Page | 3 Impacts to Deer and Elk: Hunting, by its nature, results in both direct and indirect impacts to wildlife. Direct impacts include the take or wounding of an individual animal. Indirect impacts include alteration 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).
McKay Creek NWR is located within ODFW’s Ukiah Wildlife Management Unit (WMU). ODFW has a Rocky Mountain elk (Cervus elaphus canadensis) population objective of 5,000 for the Ukiah WMU (ODFW 2016a). This represents about 6.9 percent of the total estimated statewide population of approximately 74,000. Elk have increasingly migrated in larger numbers in the winter to the base of the southern Blue Mountains. In the area surrounding the Refuge, ODFW has documented upwards of 2,000 elk on the valley floor in some winters, with as many as 900 elk within the Refuge at times. These large herds wander onto Highway 395 causing safety concerns to passing motorists. Responding to the public’s concern and request for action, ODFW has at times hazed elk off the highway, only to have them return to the Refuge and repeat the cycle on subsequent nights. With no elk hunting allowed on the Refuge, it serves as a sanctuary area for elk. In addition to public safety concerns, these elk also cause damage to nearby residential and agricultural interests, primarily winter wheat fields. To address these problems, ODFW requested that the Service allow the option of emergency elk hunts during harsh winters when large herds come down to the valley floor. The Service anticipates that this may occur once every three to five years on average. The elk hunts would be conducted on an as-needed basis only after hazing has not been successful to the extent necessary.
The Refuge supports resident populations of white-tailed deer (Odocoileus virginianus) and mule deer (O. hemionus). Very little is known about the size and condition of the resident deer herds. However, based on anecdotal observations, these small populations appear to be increasing. Deer depredation on private residences and croplands surrounding the Refuge has been an ongoing problem. ODFW has requested that the Service open the Refuge to deer hunting to provide for both a wildlife-dependent recreational activity and to reduce deer depredation claims.
Hunting is the traditional means used by ODFW to manage deer and elk populations. The influence of hunting on population dynamics of elk populations is understood and well documented (Hayes et al. 2002; Hughbanks 1993; Unsworth et al. 1993, 1998). Elk harvest data from ODFW for the years 2016 and 2017 indicate that the total elk harvest in the 898-square-mile Ukiah WMU represented only about 12.9 percent of the total elk harvested statewide. The amount of harvest would be set by ODFW based on the winter population in the valley and the response of the herd to hunt pressure (i.e., if the elk respond rapidly by leaving the Refuge, no further permits would be issued). Take levels are not possible to forecast, but based on the total percentage of elk harvested on an annual basis in the Ukiah WMU compared to the overall statewide harvest numbers, and the fact that the Refuge constitutes less than one-half of one percent of the total WMU area, it is anticipated that the effect of an additional harvest once every three to five years would be minor. Effects on the elk population would be detectable but localized, small, and of little consequence to the statewide population of elk.
Deer harvest data from ODFW for the years 2016 and 2017 indicate that total deer harvest in the Ukiah Unit represented only about 1.2 percent of the total deer harvest statewide. ODFW has a mule deer population objective of 8,500 for the Ukiah WMU (ODFW 2016b). The 2016 population was estimated to be approximately 8,000 individuals with a static population trend. The 8,000 individuals McKay Creek NWR Draft Hunting Compatibility Determination June 2019 Page | 4 represent about 4.2 percent of the estimated statewide population of 191,097, which is below the statewide population objective of 326,000 individuals. The Service anticipates that fewer than ten deer tags would be issued annually for the McKay Creek NWR hunt. Even in the unlikely event that all hunters are successful, this amount of additional take would be insignificant to deer populations both within Ukiah WMU and at the state population level.
As well as causing direct mortality, hunting may be an indirect cause of mortality or reduced herd productivity. Wildlife physiological responses to hunting 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.
The use of elk hunts on a limited basis would reduce elk and also serve as a hazing activity within the Refuge to encourage elk to move to the east and ultimately off the valley floor to higher elevations. Deer and elk within the Ukiah management unit would likely indirectly incur higher energy costs due to hunter disturbance from the proposed hunts. This could indirectly lead to reduced body condition and reproductive fitness as animals may have to deplete stored fat reserves to avoid hunters and to forage on more remote and less secure Bureau of Land Management or other rangelands. However, it is ODFW policy not to haze elk when they do not have any acceptable place to go due to deep snow and severe winter conditions. It is anticipated that elk hunts would be used only when it would be appropriate due to elk staying in the Refuge well into early spring and that only a few hunters would be needed when elk will not leave the Refuge on their own.
In summary, the Refuge hunt would result in a minor increase in direct mortality of the deer and elk herds, and could cause a slight decrease in reproductive fitness of individual animals. Therefore, the hunting program could contribute to a decline in long-term herd productivity in the local area. However this would be in line with the ODFW’s management objective for the Ukiah WMU, which is to reduce agricultural depredation by deer and elk.
Impacts to Wild Turkey: The wild turkey (Meleagris gallopavo) population on McKay Creek NWR has been increasing with a current estimate of 175 or more individuals inhabiting the Refuge and areas to the south. ODFW reports that turkeys are causing damage to private residences around the south end of the Refuge, and the population is expanding northward. ODFW is concerned that turkeys may reach Pendleton where they could cause depredation impacts to a much larger number of private residences. Initiating a new fall turkey hunt on the Refuge is expected to have only a minor effect on the overall population of wild turkey as the effects would be detectable but localized, small, and of little consequence to the statewide population.
Impacts to Dove: Two species of dove occur on McKay Creek NWR: the native mourning dove (Zenaida macroura) and the introduced and invasive Eurasian collared-dove (Streptopelia decaocto). Mourning doves use a variety of habitats in Oregon and are common to agricultural lands, pastures, and woodlands (Csuti et al. 2001). They occur in arid areas of eastern Oregon provided there is access to water nearby – as occurs on the Refuge. The Eurasian collared-dove, a species of dove native to warm temperate and subtropical Asia, was introduced to North America in the 1980s. They have no regular migration, but juveniles may disperse long distances, which aids in the spread of the population. They are now common to abundant across much of North America, as far northwest as McKay Creek NWR Draft Hunting Compatibility Determination June 2019 Page | 5 Oregon and Washington. This very adaptable species is found in suburbs, farmlands, woodland edges, and open country (https://www.audubon.org/field-guide/bird/eurasian-collared-dove). There are no population estimates for either species on the Refuge as populations fluctuate annually, though both species are commonly observed. During the hunting season, there would be no limit on the harvest of Eurasian collared-dove as they are an introduced species not protected by federal or state laws. Harvest limits for mourning dove would follow state regulations. Initiating a new dove hunt on the Refuge is expected to have only a minor effect on the overall population of mourning dove as the effects would be detectable but localized, small, and of little consequence to the statewide population.
Impacts to Other Wildlife Species: Hunting indirectly impacts species other than those targeted by hunters. 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 wetlands, as well as landbirds using riparian habitats. This disturbance, especially when repeated over a period of time, may result in changes in the feeding behavior, population structure, and distribution patterns of some wildlife species (Bartelt 1987; Cole and Knight 1990; Madsen 1985; Owens 1977; Raveling 1979; Thomas 1983; White-Robinson 1982). However, while the presence and activity of hunters may cause temporary disturbance to other wildlife in the area, there are no foreseeable detrimental impacts to these species, mainly due to the limited number of hunters that would be allowed on the Refuge at any given time and the availability of sufficient adjacent habitat to escape to.
The impacts to other species depend on the time of year. From August to February the reservoir is low and waterfowl and waterbirds are a significant distance away from the southern portion of the Refuge that is open to hunting. As water level rises in the spring, potential for disturbance to waterfowl and waterbirds increases, but deer, turkey, and dove hunts will be over by then and the impacts from the elk hunt would be minimal due to the small number of elk hunters that would be on the Refuge at any given time. Impacts to passerines and other birds, such as double-crested cormorants, are possible in the spring months, but anticipated impacts are largely reduced by the location of the hunt in the southern portion of the Refuge and the small number of hunters anticipated.
Impacts to Non-hunting Visitors: The northern portion of the Refuge is open March 1 through September 30 to boating, wildlife observation, photography, fishing, and hiking. Fishing occurs from the bank and from boats. McKay Creek Reservoir is open to all boats and two boat launches exist on the Refuge. There is no restriction on where boating activities may occur on the reservoir. Environmental education and interpretation is minimal since the Refuge has no on-site staff. The southern portion of the Refuge is open to hunting from March 1 through the end of the state waterfowl season, and select bird hunting currently occurs in accordance with state regulations.
Visitor safety, law enforcement issues, and reducing impacts to non-target natural resources are the priorities when designing and planning all hunting activities on refuges. Vehicle traffic would increase slightly during these hunt actions and hunting activities have the potential to disturb Refuge visitors engaged in other wildlife-dependent recreational uses. Should significant conflicts develop, we 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;
McKay Creek NWR Draft Hunting Compatibility Determination June 2019 Page | 6 Allow vehicle traffic only on designated roads and in parking areas; 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 Maintain compliance with regulations by dispatching Service and ODFW law enforcement officers onsite to perform field checks.
All hunts would follow all applicable laws, regulations, and policies, including title 50 of the Code of Federal Regulations, the Service Manual, the mission and goals of the National Wildlife Refuge System (NWRS), and the purposes, goals, and objectives of the Refuge. Conducting this activity would not hinder the Service’s ability to meet habitat goals, provide for the safety of the area’s citizens, and support several of the Refuge’s primary objectives.
Public Review and Comment
This CD is being prepared concurrent with the McKay Creek NWR’s Draft Hunt Plan and Environmental Assessment (EA) for Elk, Deer, Turkey, and Dove Hunting. Public review and comment for this CD will be solicited during the public comment period for the Draft Hunt Plan and EA.
Determination
___ The use is not compatible.
__ The use is compatible with the following stipulations:
Stipulations Necessary to Ensure Compatibility
Hunters must obey all state and federal hunting regulations; Hunting would be permitted only in the southern portion of the Refuge that is already open to goose, duck, coot, snipe, and upland game bird (except turkey) hunting; Hunters would use existing open roads, parking areas, and designated entry points to access hunting areas; Access would be walk-in only, except that special requests would be considered to reasonably accommodate hunters with mobility impairments; 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; Use or possession of alcoholic beverages while hunting is prohibited; Use of ATVs or other off-road vehicles is prohibited; and Camping, overnight use, fires, littering, target shooting, and construction of pit blinds are prohibited.
Justification
Hunting, when compatible, is defined as one of the priority public uses of the NWRS by the National Wildlife Refuge System Improvement Act. These proposed hunts would provide safe, cost effective recreation opportunities, would be carried out consistent with state regulations, and would assist
McKay Creek NWR Draft Hunting Compatibility Determination June 2019 Page | 7 ODFW in meeting population objectives in the Ukiah Wildlife Management Unit. The guiding principles of the NWRS’s hunting programs (Service Manual 605 FW 2) are to:
Manage wildlife populations consistent with refuge-specific management plans and, to the extent practicable, state fish and wildlife conservation plans; Promote visitor understanding of and increase visitor appreciation for America’s natural resources; Provide opportunities for quality recreational and educational experiences consistent with criteria describing quality found in Service Manual 605 FW 1.6;Encourage participation in this tradition deeply rooted in America’s natural heritage and conservation history; and Minimize conflicts with visitors participating in other compatible wildlife dependent recreational activities.
The Refuge’s additional species hunt program would help promote an understanding and appreciation of the Refuge’s natural resources and their management. Additionally, managed hunts on the Refuge would contribute to the mission of the NWRS by providing a traditional wildlife- dependent recreational activity with no definable adverse impacts to the biological integrity or habitat sustainability of Refuge resources.
This program as described was determined to be compatible because the Refuge has sufficient restrictions to ensure that high quality feeding and resting habitat are available in relatively undisturbed areas to accommodate the needs of the Refuge’s wildlife.
Signature:
Refuge Manager: ______Date:______
Concurrence:
Regional Chief:______Date:______
Mandatory 10- or 15-year Reevaluation Date
2034 Mandatory 15-year reevaluation date (for wildlife-dependent public uses).
_____ Mandatory 10-year reevaluation date (for all uses other than wildlife-dependent 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. McKay Creek NWR Draft Hunting Compatibility Determination June 2019 Page | 8 References
Bartelt, G.A. 1987. Effects of disturbance and hunting on the behavior of Canada goose family groups in east central Wisconsin. Journal of Wildlife Management 51:517–522. Cole, D. N. and R. L. Knight. 1990. Impacts of recreation on biodiversity in wilderness. Pages 33–40 in Proceedings of a Symposium on Wilderness Areas: Their Impact. Utah State University, Logan. Csuti, Blair. T. O'Neil, M. Shaughnessy, E. Gaines, and. Hak. 2001. Atlas of Oregon Wildlife. Oregon State University Press. 544pp. 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. Johnson, B.K., A.A. Ager, J.H. Noyes, and N. Cimon. 2005. Elk and mule deer responses to variation in hunting pressure. Pages 127138 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, KS. 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. Madsen, J. 1985. Impact of disturbance on field utilization of pink footed geese in West Jutland, Denmark. Biological Conservation 33:53–63. 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. Oregon Department of Fish and Wildlife. 2016a. 2016 Rocky Mt Elk Winter Population and Bull Ratio Management Objectives (MO). URL: http://www.dfw.state.or.us/wildlife/manage- ment_plans/docs/Rocky%20Mountain%20Elk%20Management%20Objectives%20- %202016.pdf. Oregon Department of Fish and Wildlife (ODFW). 2016b. 2016 Mule Deer Winter Population and Buck Ratio Management Objectives (MO). Available at: https://www.dfw.state.or.us/wildlife/management_plans/docs/Mule%20Deer%20Managemen t%20Objectives%20-%202016.pdf
McKay Creek NWR Draft Hunting Compatibility Determination June 2019 Page | 9 Owens, N.W. 1977. Responses of wintering brant geese to human disturbance. Wildfowl 28:5–14. Raveling, D.G. 1979. The annual cycle of body composition of Canada geese with special reference to control of reproduction. Auk 96:234–252. Thomas, V.G. 1983. Spring migration: The prelude to goose reproduction and a review of its implication. In Fourth Western Hemisphere Waterfowl and Waterbird Symposium, H. Boyd, editor. Canadian Wildlife Service, Ottawa, Canada. 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. White-Robinson, R. 1982. Inland and salt marsh feeding of wintering brent geese in Essex. Wildfowl 33:113–118.
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