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Draft Compatibility Determination

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Draft Compatibility Determination DRAFT COMPATIBILITY DETERMINATION USE: Sport Fishing (non-commercial) REFUGE NAME: Shiawassee National Wildlife Refuge ESTABLISHING AND ACQUISITION AUTHORITY(IES): Migratory Bird Conservation Act (16 U.S.C. 714-714r) and Refuge Recreation Act (16 U.S.C. 460k-460k-4). REFUGE PURPOSE(S): “... for use as an inviolate sanctuary, or for any other management purpose, for migratory birds.” 16 U.S.C. Sec. 715d (Migratory Bird Conservation Act). “ … 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. Sec 460k-1. “... 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. Sec 460k-2 (Refuge Recreation Act (16 U.S.C. Sec 460k--460k-4), as amended). “... conservation, management, and … restoration of the fish, wildlife, and plant resources and their habitats … for the benefit of present and future generations of Americans…” 16 U.S.C. Sec 668dd(a)(2) (National Wildlife Refuge System Administration Act). “... for the development, advancement, management, conservation, and protection of fish and wildlife resources …” 16 U.S.C. sec 742f(a)(4). “… for the benefit of the United States Fish and Wildlife Service, in performing its activities and services. Such acceptance may be subject to the terms of any restrictive or affirmative covenant, or condition of servitude …” 16 U.S.C. Sec 742f(b)(1) (Fish and Wildlife Act of 1956). 1 “(1) to protect, enhance, restore, and manage an appropriate distribution and diversity of wetland ecosystems and other habitats for migratory birds and other fish and wildlife in North America; (2) to maintain current or improved distributions or migratory bird populations; and (3) to sustain an abundance of waterfowl and other migratory birds consistent with the goals of the North American Waterfowl Management Plan and the international obligations contained in the migratory bird treaties and conventions and other agreements with Canada, Mexico and other countries.” 16 U.S.C. Sec 4401 (2)(b) (North American Wetlands Conservation Act). The Shiawassee National Wildlife Refuge has also acquired and manages hundreds of Farmers Home Administration conservation easements "for conservation purposes ...." NATIONAL WILDLIFE REFUGE SYSTEM MISSION: “...To administer a national network of lands and waters for the conservation, management, and where appropriate, restoration of the fish, wildlife, and plant resources and their habitats within the United States for the benefit of present and future generations of Americans.” DESCRIPTION OF USE: What is the use? Allow non-commercial fishing on the Shiawassee National Wildlife Refuge (refuge) in accordance with Michigan State regulations and seasons. Non-commercial (sport) fishing is an activity conducted by the public under regulatory authority of the National Wildlife Refuge System (Refuge System) Improvement Act; it is considered a priority public use. Fishing has previously been evaluated for compatibility on the refuge and found compatible. This evaluation is being completed to ensure the use is still compatible after 15 years. There are no changes proposed to how this use has been allowed on the refuge since 2001. Michigan sport fishing regulations allow the traditional taking of game fish species with rod and reel from shore, by boat or through the ice, and the removal of certain species of fish by spear, harpoon, archery and nets. Fishing regulations on the refuge align with state fishing regulations except as noted in CFR 50 Part 32 section 32.41(f)(4). State regulations will be enforced except where the refuge administers further 2 restrictions to ensure compliance with refuge-specific laws and compatibility issues. Where is the use conducted? Fishing is allowed and regulated by the Michigan Department of Natural Resources on all navigable waterways within the refuge including the Shiawassee, Flint, Cass and Tittabawassee Rivers, and Spaulding Drain. Bank fishing is allowed only in designated areas of the refuge. Youth-only fishing is allowed at the Green Point area ponds. Currently, bank fishing occurs at the Cass River Boat Launch and at the end of the Green Point Trail on the Tittabawassee River. Bank access along the rivers and Spaulding Drain is difficult due to bank configurations and limited public access. If new lands are acquired, the lands will be evaluated for their potential to provide additional public fishing access. Fishing is not allowed in refuge pools, wetlands or marshes to avoid disturbing migratory birds. Bank fishing may be temporarily suspended by posting upon occasions of unusual or critical conditions (such as flooding) or the need to conduct maintenance activities. Areas open for fishing can be found in the fishing brochure available online and at the refuge headquarters office. When is the use conducted? Fishing would occur throughout the year according to State regulations. However, bank fishing in the refuge is restricted to daylight hours (sunrise to sunset). Entry on all or portions of individual bank fishing areas may be temporarily suspended by posting upon occasions of unusual or critical conditions affecting land, water, vegetation, wildlife populations or public safety. How is the use conducted? Fishing in all navigable waters within the refuge by watercraft (both motorized and non-motorized) is regulated by the Michigan Department of Natural Resources. Sport fishing would occur with rod and reel from shore, by boat or through the ice. Bank fishing is allowed in designated areas of the refuge where public access is available and in locations that would not adversely impact wildlife or wildlife habitat. Bank fishing must be conducted in accordance with State regulations with the exception that bank fishing may only occur within the refuge between sunrise and sunset. Youth-only bank fishing is allowed in the Green Point area ponds. 3 Removal of certain species of fish by spear, harpoon, archery and nets may also occur as per state fishing regulations. Why is the use being proposed? Fishing is a priority public use on Refuge System lands as identified in the National Wildlife Refuge System Improvement Act of 1997. The Service recognizes fishing as a traditional outdoor pastime, deeply rooted in American heritage. Fishing programs promote understanding and appreciation of natural resources and their management of all lands and waters within the Refuge System. Additionally expanding fishing opportunities and aligning regulations with state agencies implements Secretarial Order (S.O.) 3347 Conservation Stewardship and Outdoor Recreation and S.O. 3356 Hunting, Fishing, Recreational Shooting, and Wildlife Conservation Opportunities and Coordination with States, Tribes, and Territories. The fishing program is administered in accordance with sound wildlife management principles and the utmost concern for public safety. Access to the refuge for wildlife-dependent activities such as fishing will meet one of the goals of the refuge and Refuge System. This use meets Goal 3 of the Shiawassee National Wildlife Refuge’s Comprehensive Conservation Plan of enhancing visitor experiences and environmental education through wildlife-dependent recreational uses and encouraging an appreciation of the refuge and its fish and wildlife resources. Based on monitoring of use at the Cass River Boat Launch, bank fishing is highly sought by the public. AVAILABILITY OF RESOURCES: The fishing program is designed to be administered with minimal refuge resources. The costs of administering and enforcing the refuge’s fishing program comes out of the refuge’s annual budget. Expenses include program management, staff resources, boundary posting, signage, brochures, parking lot construction, facility maintenance, gate installation, and other fishing specific activities. A limited amount of infrastructure exists on the refuge to support fishing: 1 boat launch, currently 2 bank fishing access points and 2 youth-only fishing ponds. Bank fishing opportunities are limited by streambank accessibility. Infrastructure occurs in areas that provide quality fishing while minimizing disturbance to wildlife or their habitats. Construction and maintenance of public use facilities is part of routine refuge management duties, as well as law enforcement to ensure 4 compliance with public use regulations. Staff and funding are currently available for use and maintenance of existing infrastructure that supports fishing. Law enforcement and administrative monitoring are the primary tools necessary to ensure proper and safe administration of these facilities and activities. The refuge has a full time Federal Wildlife Officer with additional law enforcement services available through the Regional Law Enforcement Program. Additionally, the local State Conservation Officers, County Sheriff’s Office, and township police provide assistance when needed. At the current and anticipated level of public use of the refuge for fishing, there are adequate resources and staff to administer and monitor this use. Expansion of public fishing facilities would be dependent upon the availability of funding for construction and maintenance. ANTICIPATED IMPACTS OF THE USE: Short and Long-term Impacts: To date, stream and bank fishing has shown no appreciable documented environmental impacts to the refuge, wildlife or their habitats. Generally, short-
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