<<

Finding of No Significant Impact and Decision Document for Snipe on Kern , California The U.S. Fish and Wildlife Service (Service) is expanding hunting opportunities on Kern NWR (Refuge) in accordance with the 2005 Comprehensive Conservation Plan (U.S. Fish and Wildlife Service, 2005). The expansion includes adding snipe hunting to the 2,177acre Free Roam Unit of the refuge, which is already open for waterfowl and hunting. Selected Action Alternative B – Proposed Action Alternative: Under the Proposed Action Alternative, the Service would open the 2,177-acre Free Roam hunt unit to snipe hunting on Wednesdays and Saturdays during the state season. The Service prepared the Kern National Wildlife Refuge Waterfowl, Other Migratory , and Upland Hunt Plan, which describes the proposed snipe hunting opportunity summarized in this document. The hunt plan is incorporated by reference. The Free Roam hunt unit is already open to hunting waterfowl including , geese, coots, and common moorhens. The unit is also open to pheasant hunting but only while hunting waterfowl and only during the portion of the state waterfowl hunting season when pheasant season is also open. The maximum daily hunter capacity is 152 hunters at a time but may fluctuate depending on habitat conditions and available flooded acreage. Hunt days are Wednesdays and Saturdays during the state season. The following mitigation measures are incorporated into the proposed action to avoid potential conflicts to natural and cultural resources: 1. Refuge and hunt area boundaries will be clearly posted; 2. The Service will provide a brochure that shows the hunt areas; and 3. Service law enforcement staff will randomly check hunters for compliance with Federal and State Laws.”

Hunter Permit Requirements: • All hunters are required to possess a valid California • Pheasant and Snipe hunters require the California Upland Validation. • Migratory waterfowl hunters are required to possess a Federal Migratory Game Bird Hunting Stamp (complete requirements are published at: electronic regulations website) and California Waterfowl Stamp. • Migratory game bird (including ducks, geese, , coots, dove, snipe, or moorhens) hunters are required to possess an annual CDFW Harvest Information Program (HIP)

1

validation number (complete requirements are published at: electronic regulations website).

Snipe hunting would occur during the fall and winter in accordance with CDFW hunt regulations (hunting regulations for California) and in accordance with the environmental conditions on the Refuge. Snipe hunting is allowed 2 days a week during the shooting hours specified by CDFW regulations. Station-Specific Hunting Regulations (50 CFR § 32.47) and Public Access and Recreation Regulations (50 CFR § 26.34) pertain to hunting on the Refuge as of the date of the Refuge Hunt Plan. Under this alternative, the Refuge Law Enforcement Officer and/or State game wardens monitor the hunt; conduct license, bag limit, and access compliance checks. Alternative B (the Proposed Action) continues the existing waterfowl and pheasant hunting program and offers increased opportunities for public hunting and fulfills the Service’s mandate under the NWRS Improvement Act of 1997. Measures to Avoid Conflicts: The Free Roam Unit is currently open to waterfowl and pheasant hunting. No user conflicts are anticipated by adding snipe hunting to this unit. Measures to avoid potential conflicts include: 1. Migratory Game Bird Hunting. We allow hunting on designated areas of the refuge in accordance with State regulations subject to the following conditions: a. Only non-motorized boats are allowed on designated areas of the Refuge during the migratory waterfowl hunting season. b. Only approved nontoxic shot may be in possession while in the field (State regulations, Sec. 32.2(k)). 2. Upland Game Hunting. We allow hunting of pheasant and snipe on designated areas of the Refuge in accordance with State regulations subject to the following: a. hunting is allowed only on designated days; b. hunting is by only with approved nontoxic shot. 3. Non-hunting and hunting acres are physically separated. 4. Vehicle traffic is allowed only on designated roads and parking areas. 5. Mobility-impaired hunters should consult the Refuge Manager for allowed conveyances. 6. No more than 25 shells may be in possession while in the field. 7. Building or maintaining fires is prohibited. 8. Vehicles parking is allowed only in designated parking areas. 9. Dogs are required to be kept on a leash, except for hunting dogs engaged in authorized hunting activities and under the immediate control of a licensed hunter. 10. Consumption or possession of an open container of alcohol while hunting is prohibited. 11. In accordance with the Archaeological Resources Protection Act (16 U.S.C. 470aa), the disturbance of archaeological or historical sites, and the removal of artifacts are prohibited. The excavation, disturbance, collection, or purchase of historical, ethnological, or archaeological specimens or artifacts, or mementos from the Refuge is prohibited.

The Proposed Action meets the Purpose and Need by expanding compatible wildlife-dependent recreational opportunities for snipe hunting on up to 2,177 acres of refuges lands while

2

maintaining sustainable snipe populations. This alternative offers increased opportunities for public hunting. The Service has determined that Alternative B (the Hunt Plan) is compatible with the purposes of Kern NWR; the mission of the NWRS; and meets the Service’s priorities and mandates as outlined by the NWRSAA (16 U.S.C. 668dd (a) (4)) and Secretarial Order 3356.

Other Alternatives Considered and Analyzed Alternative A—No Action Alternative: Under the No Action Alternative, the Service would not open the 2,177-acre Free Roam Unit to snipe hunting. Existing waterfowl and upland game hunt opportunities at Kern Refuge would continue in accordance with state and refuge-specific regulations. Season hours, , and other rules for hunting on the refuge would be unchanged under this alternative. This alternative was not selected because it would not expand compatible wildlife-dependent recreational opportunities for hunting. Effects of the Selected Action by Resource Category.

An Environmental Assessment (EA) was prepared in compliance with the National Environmental Policy Act (NEPA) to provide decision-making framework that 1) explored a reasonable range of alternatives to meet project objectives, 2) evaluated potential issues and impacts to the refuge, resources and values, and 3) identified mitigation measures to lessen the degree or extent of these impacts. The EA evaluated the effects associated with both the No Action and Proposed Action alternatives. It is incorporated as part of this finding. Implementation of the agency’s decision would be expected to result in the following environmental, social, and economic effects:

Target species: snipe By its very nature, hunting has very few positive effects on waterfowl while the activity is occurring, including the disturbance, injuring, and killing of snipe. However, while the action will have adverse effects on individual snipe, regulations are designed to ensure that viable populations of snipe are sustained over the long term. Along with waterfowl and pheasant, snipe hunting would be permitted 2 days per week during the State waterfowl season. Harvesting snipe is not expected to result in substantial decrease in biological diversity on the Refuge. Hunting on the Refuge is not expected to have adverse effects on populations of game species because the relatively low density of hunters in the hunting area. To ensure that game populations are sustainable, the CDFW annually reviews the population censuses to establish season lengths and harvest levels.

3

Non-target species The action will have minor, short-term effects to non-target wildlife species. While there would be some short-term disturbances to wildlife related to increased human presence and noise associated with hunting, these impacts are reduced by the availability of adjacent sanctuary areas where both hunted and non-hunted wildlife can feed and rest relatively undisturbed. In addition, hunting on the Refuge is seasonal, restricted to only two days per week, and state and federal hunting regulations are adopted by the Refuge to ensure healthy wildlife populations in the future.

Threatened and endangered species Impacts on listed species due to hunting can be caused by human presence, noise, or disturbance via boats. Such disturbances may affect but are not likely to adversely affect the Buena Vista Lake Shrew, blunt-nosed leopard lizard, Tipton kangaroo rat, giant kangaroo rat, and San Joaquin kit fox. More detail is in the final EA. Implementing refuge hunting regulations and the measures to avoid conflicts listed above will further reduce these impacts.

Vegetation and habitat Hunting snipe on the Refuge is expected to have minor impacts on vegetation and habitat, due to the dispersed patterns of use, seasonal nature of the activity and the two-day per week schedule within the hunting season. Hunting is conducted by foot by individuals or small groups of people. Direct impacts of foot travel differs from other wildlife-dependent recreation users because hunters tend to travel in dispersed patterns over wide areas, minimizing the chance of repeated impacts to vegetation. Further, the Free Roam Unit is already open for hunting. The increase in hunter use is expected to be small. Expanding opportunity for snipe hunting in the same manner (i.e. same season, same permitted days, same shoot time and same acreage) as already open hunt opportunities would not increase impacts on federally and state listed threatened, endangered, and other special status species.

Visitor Use and Experience The selected alternative will not adversely affect the quality of other wildlife-dependent recreation opportunities and visitor use at the Refuge. Potential user conflicts between hunting and other refuge uses will be minimized by refuge regulations, wildlife sanctuaries, and non-hunt areas that are available year-round for other non-hunting recreational activities.

Cultural Resources It is expected that visitation on the Refuge will increase under this alternative, and therefore will increase the possibility of degradation to cultural resources surrounding, but not within, the hunt boundaries of the Refuge. However, the Service will continue to comply with relevant Federal laws relating to cultural resources, thus minimizing any potential impacts.

4

Land Use on the Refuge The Service expects a slight increase in hunt visits to the Refuge under the selected alternative. However, such an increase will have negligible effects on traffic or roads through the Refuge, or on Refuge management and operations.

Administration The selected alternative is anticipated to have a negligible effect on staff time and funds. Because the Free Roam Unit is already open for waterfowl and pheasant hunting, there is no substantial increase in staff time to operate the hunting program in these additional areas. There is ample Refuge staff to offer this hunt expansion to the public.

Socioeconomics If an increase in visits to the Refuge occurs under the selected alternative, there could be a benefit to the local economy and employment if visitors utilize local businesses such as gas stations, markets, and restaurants. However, since hunting is dispersed and seasonal, this alternative is expected to have a negligible contribution to the local economy.

Environmental Justice There are no anticipated impacts on minority or low-income communities within the impact area. Summary of the Effects of the Selected Action Measures to mitigate and/or minimize adverse effects have been incorporated into the selected action. These measures are described above under the Proposed Action. While refuges, by their nature, are unique areas protected for conservation of fish, wildlife and habitat, the proposed action will not have a significant impact on refuge resources and uses for several reasons:

1. As detailed in the EA, in the context of State hunting programs, the proposed action will only result in a small fraction of the species harvested statewide. The Service works closely with the State to ensure that additional species harvested on a refuge are within the limits set by the State to ensure healthy populations of the species for present and future generations of Americans. 2. The action will result in beneficial impacts to the human environment, including the biodiversity and ecological integrity of the refuge, as well as the wildlife-dependent recreational opportunities and socioeconomics of the local economy, with only negligible adverse impacts to the human environment as discussed above. 3. The adverse effects of the proposed action on hunted species, non-target species, habitat and vegetation, visitor use, cultural resources, and wilderness values are expected to be minor and short-term. The benefits to long-term ecosystem health that these efforts will

5

accomplish far outweigh any of the short-term adverse impacts discussed in this document. 4. The NWRS uses an adaptive management approach to all wildlife management on refuges, monitoring and re-evaluating the hunting and opportunities on the refuge on an annual basis to ensure that the hunting and fishing programs continue to contribute to the biodiversity and ecosystem health of the refuge and these opportunities do not contribute to any cumulative impacts to habitat or wildlife from climate change, population growth and development, or local, State, or regional wildlife management. 5. The action, along with proposed mitigation measures, will ensure that there is low danger to the health and safety of refuge staff, visitors, and the hunters themselves. 6. The action is not in an ecologically sensitive area. 7. The action will not adversely affect threatened or endangered species, or any Federally- designated critical habitat. 8. The action will not impact any cultural or historical resources. 9. The action will not impact any wilderness areas. 10. There is no scientific controversy over the impacts of this action and the impacts of the proposed action are relatively certain. 11. The proposal is not expected to have significant adverse effects on and floodplains, pursuant to Executive Orders 11990 and 11988 because no actions are being taken on wetlands or in floodplains. 12. Hunting dove, chukar, and quail as described in the selected alternative would not add more than slightly to the impacts to resident wildlife stemming from hunting at the local or regional level, and would only result in minor negative impacts to their populations.

Public Review The proposal has been thoroughly coordinated with all interested and/or affected parties. The draft Environmental Assessment, Hunt Plan, and Compatibility Determination were available to the public and interested agencies for a public review consistent with the publication of the draft 2021-2022 Refuge Specific Regulations for Hunting and Fishing on the Regulations.gov website. These documents were available to the public for review and comment from May 3, 2021 to July 6, 2021. The Service received one comment on the draft EA. This comment is addressed in the final EA. We did not modify the final EA in response to the comment; however, we did revise the EA for consistency with the biological evaluation of threatened and endangered species. Finding of No Significant Impact Based upon a review and evaluation of the information contained in the EA as well as other documents and actions of record affiliated with this proposal, the Service has determined that the proposal to open the Free Roam Unit on Kern NWR to snipe hunting does not constitute a major Federal action significantly affecting the quality of the human environment under the meaning of section 102 (2) (c) of the National Environmental Policy Act of 1969 (as amended). As such, an environmental impact statement is not required.

6

Decision

The Service has decided to open the Free Roam Unit on Kern NWR to snipe hunting. This action is compatible with the purposes of the Refuge and the mission of the National Wildlife Refuge System. See the Compatibility Determination for hunting. The action is consistent with applicable laws and policies regarding the establishment of hunting on National Wildlife Refuges. Refuge-specific regulations promulgated in conjunction with this action for are in the process of being finalized. The refuge-specific hunting regulations are published on the Regulations.gov website. This action will not be implemented until the regulations are finalized.

______Assistant Regional Director, Refuges

7