Compatibility Determination - Berry Picking on Felsenthal NWR USE: Berry Picking REFUGE NAME: Felsenthal National Wildlife Refuge (NWR) DATE ESTABLISHED: 1975 ESTABLISHING AND ACQUISITION AUTHORITY: • 16 U.S.C. 664 (Fish and Wildlife Coordination Act) • 16 U.S.C. 460k-1 (Refuge Recreation Act) • 16 U.S.C. 460k-2 (Refuge Recreation Act (16 U.S.C. 460k-460k-4), as amended) REFUGE PURPOSES: • "shall be administered by him [Secretary of the Interior] directly or in accordance with cooperative agreements ... and in accordance with such rules and regulations for the conservation, maintenance, and management of wildlife, resources thereof, and its habitat thereon" 16 U.S.C. 664 (Fish and Wildlife Coordination Act). • "the Secretary ... may accept and use ... real ... property. Such acceptance may be accomplished under the terms and conditions of restrictive covenants imposed by donors" 16 U.S.C. 460k-2 (Refuge Recreation Act (16 U.S.C. 460k-460k-4), as amended). • "suitable for (1) incidental fish and wildlife-oriented recreational development, (2) the protection of natural resources, (3) the conservation of endangered species or threatened species" 16 U.S.C. 460k-1 (Refuge Recreation Act). NATIONAL WILDLIFE REFUGE SYSTEM MISSION: The mission of the Refuge System, as defined by the National Wildlife Refuge System Improvement Act of 1997, 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. 1 DESCRIPTION OF USE: (a) What is the use? Is the use a priority public use? Berry picking is an existing use. It is a non-priority public use that is utilized by the general public. Traditionally, local residents visited the refuge in small numbers to collect mayhaw and blackberry fruits for personal consumption. This use has little benefit to the refuge but does function to increase wildlife observation and support of the refuge. The traditional collection (picking) of native mayhaw (Crataegus aestivalis) (Walter) fruit and other berries (almost exclusively blackberries) for personal use on the refuge is permitted without a special use permit. A commonly occurring shrub or small tree within floodplain hardwood communities of the Deep South, mayhaw fruit ripens in April – May and has been used for decades to make jelly. This practice has decreased dramatically over the last 20 + years as life style changes rendered this activity to a novelty. Generally, no more than 25 individuals actually make an effort to gather mayhaws annually and usually less than 5 -10 people use the refuge for this purpose on any given day. Actual collection of mayhaws is time consuming and quite difficult, further complicated by the fact that the refuge is usually flooded through early summer each year. The actual quantity of fruit removed and disturbance levels are therefore quite small. Blackberries and other like fruits are equally available on private lands and therefore the public is less likely to utilize the refuge for these types of collections. (b) Where would the use be conducted? The picking of mayhaw and blackberries would occur on any area of the refuge that is open to the public where mayhaws and blackberry vegetation exists. Mayhaws are found in bottomland forest habitat and blackberries can be found on both upland and lowland elevations. Access to berry picking areas is not likely to impact additional habitat since vehicle travel is limited to existing roads, ATV trails, hiking trails, and waterways. Red-cockaded woodpecker (endangered species) colonies are present in areas where blackberries are found but this collection activity occurs at such low levels that there is little chance of significant disturbance. (c) When would the use be conducted? Time periods for this use will be subject to the availability of ripe mayhaws and blackberries. Generally, mayhaws are ripe in April to May and blackberries are ripe in June to July. However, fruits could be delayed with persistent river flooding. (d) How would the use be conducted? Berry picking is accomplished by hand at any location on the refuge that is open to the public. Some areas of the refuge may be closed seasonally or restricted to other recreational uses. Vehicle access to berry picking locations is by auto, ATV, or boat. Autos and ATV’s are restricted to designated roads and ATV trails open to motorized use. Boats are largely unrestricted during the berry collection season. Approximately 53 miles of ATV trails and 2 nearly 14 miles of trails are open year-round on the refuge. These trails are marked with signs and paint and are identified on maps in refuge publications. (e) Why is this use being proposed? This use was identified as a public concern when the refuge was being established. Local residents identified this use as important and traditional activity. The Service agreed to meet this request though the use may have to be regulated. With the CCP process in 2010, the refuge included appropriate use and compatibility determinations facilitating the approval of berry picking for personal use. Berry picking is currently being allowed as a traditional use by the public. Generally, the use is important to a very small number of local citizens who may not otherwise have access to mayhaws or blackberries. (f) Why is the use being reevaluated? The mandatory 10-year Re-evaluation date is September 21, 2020. The collection of mayhaw fruit and other berries is a longstanding tradition within the Felsenthal Basin. Commitments were made during public meetings associated with the establishment of the refuge in the 1970’s that such uses would be allowed even though they may be regulated. With the development of the Comprehensive Conservation Plan (CCP) in 2010 with associated compatibility determinations (CD) for berry picking, this use continues. The environmental conditions have likely changed since the establishment of the refuge. The timing and severity of flooding of bottomland hardwoods (Quachita River Basin) has been magnified over the last several years. Flooding of bottomland hardwoods (location of mayhaw) has occurred earlier in the season and has persisted beyond normal time periods. Equally significant, higher than normal flood elevations have been persistent. AVAILABILITY OF RESOURCES Existing refuge resources are available to administer this use. This use is on-going but has occurred at such a low level e.g., estimated annual visits 25 per year, that it has not required staff to expend additional time or resources specific to the use. Staff time to review, manage, and monitor the use occur when the use is required to be reevaluated or when impacts warrant further evaluation. Up until now, no issues have been identified that require a non-routine reevaluation. Monitoring of the use is carried out by refuge staff and refuge law enforcement that is associated with routine duties. There are no special equipment, facilities, or improvements necessary to support the use. Maintenance costs for signage and road/trail maintenance are not increased with this use as the same maintenance is required for other existing (approved) recreational uses. The administration and maintenance related to this use will not materially interfere with or detract from fulfillment of the refuge purpose(s) and the NWRS mission. 3 ANTICIPATED IMPACTS OF THE USE: This is a reevaluation of an existing use. The use was evaluated during the CCP process in 2010 with appropriate use and compatibility determination documents completed and reviewed by the refuge and regional office (FWS). During the development of this initial CD for berry picking, public review of the use occurred prior to the approval of the CCP and Environmental Assessment (EA) under the requirements of the National Environmental Policy Act (NEPA). A Finding of No Significant Impact (FONSI) was issued September 21, 2010. Thus, the use of berry picking was fully described and evaluated in 2010 with the completion of the CCP and EA. This same use occurs at the present time though the number of visits is thought to be less than initially described (best professional judgement). Collection of fruits and berries for personal use will have no measurable impact on wildlife and habitat. In addition, it is not anticipated that this use will adversely impact other recreational users. While no adverse impacts are anticipated, refuge staff will monitor this use to identify any changes in public interest or impacts to wildlife and habitat. If the level of use increases significantly, refuge staff will reevaluate this use and consider implementing additional measures such as the issuance of special use permits and establishing quantity limits. Berry picking is not expected to impact refuge purposes, the NWRS mission, or refuge management goals and objectives. The use is also not expected to significantly impact wildlife, plants or their habitats; cultural resources; other refuge resources; biological integrity, diversity, and environmental health of the refuge and the NWRS; priority public uses; other public uses; and public safety. PUBLIC REVIEW AND COMMENT: This use will be available for a 14-day public commenting period. The draft CD will be posted at the Felsenthal National Wildlife Refuge Headquarters, the refuge’s official website, and in the local newspaper. DETERMINATION (CHECK ONE BELOW): ____ USE IS NOT COMPATIBLE _X__ USE IS COMPATIBLE WITH FOLLOWING STIPULATIONS NEPA Compliance for Refuge Use Decision: Place an X in appropriate space. _X__Categorical Exclusion without Environmental Action Statement 4 516 DM 8, 8.5 (7) Minor changes in the amounts or types of public use on Service or State-managed lands, in accordance with existing regulations, management plans, and procedures. ___ Categorical Exclusion and Environmental Action Statement ___ Environmental Assessment and Finding of No Significant Impact ___ Environmental Impact Statement and Record of Decision STIPULATIONS NECESSARY TO ENSURE COMPATIBILITY: 1.