COMPATIBILITY DETERMINATION

USE: Foot Access to a Deeded Beach Right

REFUGE NAME: Wertheim National Wildlife Refuge

DATE ESTABLISHED: 1947

ESTABLISHING and ACQUISITION AUTHORITY(IES):

Wertheim National Wildlife Refuge (NWR, refuge), the headquarters of the Long Island NWR Complex, comprises 2,688 acres on the south shore of Long Island in Shirley, New York. The refuge was established in 1947 under the authorities of the Migratory Bird Conservation Act (16 U.S.C. § 715d) and the Refuge Recreation Act (16 U.S.C. § 460k-1). The original parcel was acquired as a donation from Cecile and Maurice Wertheim.

REFUGE PURPOSE(S):

Wertheim NWR was established:

Under the Migratory Bird Conservation Act (16 U.S.C. section 715-715r) as amended, “...for use as an inviolate sanctuary, or for any other management purpose, for migratory birds” (16 U.S.C. section 715d).

Under the Refuge Recreation Act specifies the authorized purposes of: (1) incidental fish and wildlife-oriented recreational development (16U.S.C. § 460k-1) (2) the protection of natural resources (16 U.S.C. § 460k-1), and (3) the conservation of endangered species or threatened species (16 U.S.C. § 460k-1).”

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 System (Refuge System) Improvement Act of 1997, as amended (Refuge Improvement Act; Public Law 105-57; 111 Stat 1254).

DESCRIPTION OF USE:

(a) What is the Use? The use is restricted pedestrian (foot) travel for St. George Terrace Subdivision (SGTS) residents across U.S. Fish and Wildife Service (Service)-owned property for approximately 870 feet to reach an approximately 75-foot deeded beach right on the Carmans River. Travel will be down an existing path from Hay Road in SGTS to the Carmans River.

Many homeowners in the SGTS have deeded beach rights to use the beach for bathing, boating, and fishing. There are 65 residential houses in the SGTS. Currently, the homeowners have no

Compatibility Determination for Foot Access to a Deeded Beach Right on Wertheim NWR 1 means to access such beach rights except via navigable waters or to trespass across Service- owned property. The refuge parcel is closed to the public. The St. George Terrace Property Owners Association (SGT POA) is recognized as the organization who will coordinate with the refuge and with all the landowners in the subdivision regarding this use. SGT POA will apply for and hold the Special Use Permit (SUP) that will be required to conduct this use.

This is not a priority public use of the Refuge System under the Refuge System Administration Act of 1966 (16 U.S.C. 668dd-668ee), as amended by the Refuge System Improvement Act of 1997 (Public Law 105-57).

(b) Where is the use conducted? The refuge is 2,688 acres and is comprised of oak-pine woodlands, grasslands, creeks, ponds, freshwater impoundments, and the Carmans River estuary and its associated tidal marshes. The pedestrian access is located on Tract 3 of the refuge in Shirley, New York, at approximately 40°45'33.47"N 72°52'59.15"W. The access path travels through saltmarsh habitat in the southeastern portion of the refuge. The path covers 0.0834 acres or .0031 percent of the refuge.

The portion of beach is located on the western end of Tract 3 on the refuge (Figure 1). The beach right includes approximately 75 feet of sandy shoreline near the mouth of the Carmans River in Shirley, New York. The 75 feet of beach is on refuge-owned property. The deeded beach right is exclusive to the SGTS property owners.

(c) When is the use conducted? The refuge is open to approved uses from 1/2-hour before legal sunrise to 1/2-hour after legal sunset. The use will occur at any time of the year; however, spring and fall months are the peak times that residents want to use the beach. The homeowners of St. George Terrace will have access through the refuge to their deeded beach rights.

(d) How is the use conducted? The use will be conducted by foot only. The SGT POA estimates that 2 to 10 residents will use the path to access the beach on any given day. The SGTS property owners will be permitted to walk on the path, as shown on the map in Figure 1, to the deeded beach right. Currently, there is a chain link fence with a locked gate at the eastern side of the parcel.

A partially paved road that was installed in the 1960s still exists, although it is now a broken paved road. The portion of the path from Hay Road to the existing gate/fence portion is approximately 104 feet. From the gate, the path travels west down a broken pavement path for 418 feet. From the end of the broken pavement path through the saltmarsh to the beach is approximately 345 feet. The eastern end of the path on the broken pavement is not more than 5 feet wide and the western end of the path that travels through the saltmarsh is approximately 3 feet wide.

This Compatibility Determination (CD) evaluates the use of the footpath across refuge property. The foot path will be monitored and modified as the Service deems appropriate to protect the marsh habitat while also providing for pedestrian safety.

Compatibility Determination for Foot Access to a Deeded Beach Right on Wertheim NWR 2 (e) Why is the use being proposed? SGTS residents historically used the access path to get to their deeded beach right location prior to the Service acquiring the parcel known as Tract 3 in 1988. Since the Service’s acquisition, the residents of SGTS have had traditional but unsanctioned use of the path to the waters edge. The Service acquired the Tract 3 parcel in 1988 from Suffolk County, which took the parcel for failure to pay taxes in 1977. After extensive research, it was discovered that the SGTS residents do not have deeded access rights across the parcel to the beach right noted in their deeds. However, there is interest in allowing the homeowners of SGTS reasonable access to their deeded beach right, provided that the use can be conducted in a manner to ensure it is compatible with refuge purposes. Access to the deeded beach right is through Tract 3 of Wertheim NWR or by boat through navigable waters. There is no neighborhood or refuge boat ramp within a reasonable distance compared to the foot access path through refuge property.

AVAILABILITY OF RESOURCES:

Permitting this use is generally within the resources of the existing staff. Staff costs are incurred to review to the SUP application of the SGT POA and to issue an appropriate permit. When in the area, staff will check the pedestrian access to ensure pedestrian safety and SUP compliance. A survey of Tract 3 will allow the boundaries to be properly marked for the beach access area. Additionally, the gate at the east end of the parcel will be replaced due to its age and functionality. The SGT POA has offered to assist with labor as needed to reduce the costs to the refuge.

One Time Costs to the refuge: Replacement of existing gate $5,000 Signage - purchase and install signs $1,000 Survey of Tract (mark and flag beach area) $5,000 Total Cost: $11,000

Annual or Recurring Costs to the refuge: Administrative costs - issue annual permits $100 Total Cost: $100

ANTICIPATED IMPACTS OF THE USE:

Short-Term Impacts: Possible short-term impacts include disturbing wildlife, removing or trampling plants, littering, vandalism, and entrance into closed areas. The amount of disturbance is expected to be occasional, mostly short-term in nature, and in certain locations. This use does not interfere with other visitors’ enjoyment of the refuge or natural environment.

Pedestrian travel has the potential of impacting shorebird, waterfowl, and other migratory bird populations that are nesting, feeding, and resting on or near the path, and on the beach at certain times of the year. Wildlife often respond to human presence by departing from the disturbed site (Burger 1981), using sub-optimal habitat or non-preferred habitat (Erwin 1980), altering their behavior (Burger 1981), and/or increasing their energy expenditure (Belanger and Bedard 1990).

Compatibility Determination for Foot Access to a Deeded Beach Right on Wertheim NWR 3

Occasional littering and dumping has occurred in this area since 2009. Littering consists of materials such as dimensional lumber and pallets being brought in and left on the marsh to provide footpath access. The lumber and pallets will be removed from the marsh and will not be permitted to be placed on the footpath. Additionally, there has been dumping of landscaping materials (sod, tree branches, leaves) on the western edge of the property. The sod and tree branches will be removed.

Entry into a closed area causes short-term disturbance to migratory birds especially during the nesting season (see the references below under long-term impacts). Residents walking to the north of the beach rights area will create similar impacts to migratory birds, especially during the nesting season. The section of the beach to the north of the approximately 75-foot area noted on the map will be closed to all entry.

Direct, short-term impacts will also occur when the path is being maintained and signs are being installed. We expect that these impacts will be negligible because the work will be completed within a few hours.

Long-Term Impacts: Approximately 75,000 people visit the refuge each year to engage in various public use activities including wildlife observation, hunting, photography, environmental education, and interpretation. We expect no increased visitation due this use.

Long-term impacts to the resources are expected because of continued use by residents accessing the beach. Impacts include disturbance to migratory birds during the nesting season, specifically saltmarsh sparrow (Ammodramus caudacutus), seaside sparrow (New York species of Special Concern), and other marsh birds. Impacts to salt marsh habitat will also occur as pedestrians use the footpath over time. The installation and maintenance of the path will affect the vegetation in that area resulting in compaction, changes in plant species composition, and possibly vegetation loss resulting in bare areas that become water logged.

The refuge provides habitat for wintering waterfowl, marsh and wading birds, and a variety of other migratory birds. The refuge also provides nesting habitat for a larger variety of migratory birds including Virginia rail, American bittern, marsh wren, and sparrows. The greatest threats to saltmarsh sparrows at this time are predators (including feral cats) and unusually long durations of flooding of marsh habitat, particularly at nest sites.

Wertheim NWR is a known breeding site for the saltmarsh sparrow. Refuge staff and the Saltmarsh Habitat and Avian Research Program have conducted breeding bird surveys since 2011. Thirty-nine survey points are located on the refuge to gather data on marsh birds, vegetation, and elevation. Three survey points are located in the marsh near Tract 3. On average, seven saltmarsh sparrows have been counted at each of these points over the years. These survey locations also support Spartina patens, Spartina alterniflora, Distichlis spicata, and other plants that provide the structure and cover that saltmarsh sparrow need to build their nests in high marsh habitat.

Compatibility Determination for Foot Access to a Deeded Beach Right on Wertheim NWR 4 Human disturbance to sparrows during nest building may lead to nest abandonment. In order to maximize success during nesting season, a short-term access path closure may be required from May through July to reduce long-term impacts particularly to nesting saltmarsh sparrow and other migratory birds.

Some unauthorized off-trail use may occur, but the SGTS users are expected to stay on the trail and stay within the 75 feet of beach for their deeded access. Users will be required to stay on the established trail to avoid trampling vegetation and damaging the marsh, and to comply with all permit terms and conditions as well as refuge and Service regulations.

Heavy use of designated, managed, or unmanaged pedestrian travel routes can ultimately lead to areas void of vegetation and changes to the ecosystem (Barros and Pickering 2017; McDonnell 1981). We will direct users to remain on the existing path through signage and communication with SGT POA. Refuge staff will monitor the path, identify problem areas, close areas as warranted, and conduct appropriate restoration and protection efforts with assistance from the SGT POA and residents.

Another impact may be introducing invasive species in the area. People can be vectors for invasive plants when seeds or other propagules are moved from one area to another. The threat of invasive plant establishment will always be an issue requiring annual monitoring, and when necessary, treatment. Staff will work to educate the residents on potential invasive species in the area, as well as on monitoring and controlling invasive species. This threat is considered minimal.

The refuge will take all necessary measures to minimize impacts by residents using the path. We will evaluate the site periodically to assess whether it is meeting the needs of the residents, is manageable under current staffing and funding levels, and to prevent habitat degradation. If evidence of unacceptable adverse impacts appears, we will curtail or discontinue the use. We will post and enforce refuge regulations, and establish, post, and enforce closed areas.

Cumulative Impacts: Cumulative impacts result from incremental impacts of a proposed action when these are added to other past, present, and reasonably foreseeable future actions. While cumulative impacts may result from individually minor actions, they may, viewed as a whole, become substantial over time.

Cumulative impacts from the refuge foot access path, occupying a small .0834-acre of a 2,688- acre refuge, are very small and manageable. Cumulative impacts from a small number of daily users are negligible compared to the restored refuge marsh surrounding the Carmans River. Refuge staff will continue to protect and monitor the refuge marsh and breeding birds adjacent to this location

PUBLIC REVIEW AND COMMENT:

Compatibility Determination for Foot Access to a Deeded Beach Right on Wertheim NWR 5 This CD was distributed for public review and comment for a period of _____ days from _____ to _____. Availability of this CD was distributed through local media, the refuge website, and at refuge headquarters/visitor center. We received ____ comments, many of which expressed support/concern for foot access in Tract 3 of the refuge to a deeded beachfront.

DETERMINATION (CHECK ONE BELOW):

______Use is not compatible.

______Use is compatible with the following stipulations.

STIPULATIONS NECESSARY TO ENSURE COMPATIBILITY:

To ensure compatibility with the Refuge System, refuge goals and objectives, foot access to the deeded beachfront for SGT POA can only occur under the following conditions: ● A SUP will be required. ● All regular refuge regulations will apply. ● The path is for foot access only. All motorized vehicles and bicycles are prohibited. ● No pets are allowed on the path. ● The refuge hours are from sunrise to sunset for all visitors. ● Residents must stay on the established path and within the 75-foot beach access area; any access into closed areas will be considered trespassing. If new, unwanted social trails develop off the established path, the use will be re-evaluated for compatibility. ● SGT POA will make no modifications or alterations to the footpath or surrounding Federal property unless expressly permitted in writing by the refuge manager. ● The SGT POA will be responsible for removing the materials that were placed on the path after 1988. ● Plant removal including weed whacking and mowing is not permitted unless approved in advance by the refuge. ● Littering/dumping of any kind will not be permitted. This includes adding any materials to the path unless approved in advance by the refuge. JUSTIFICATION:

This use has been determined to be compatible with the above stipulations. Under such conditions, the use is not expected to materially interfere with or detract from the mission of the Refuge System nor detract from the purpose for which the refuge was established.

This activity will not conflict with any of the other priority public uses. Impacts to biological resources are expected, and the refuge will take the necessary measures to minimize impacts by residents using the path. We will evaluate the site periodically to assess safety of the pedestrian path, compliance of the stipulations necessary to ensure compatibility, and to discover and/or mitigate habitat damage. If evidence of unacceptable adverse impacts appears, we will curtail or discontinue the use. Therefore, through the CD process, the refuge has determined that a foot- only access path to the deeded beach right in Tract 3 on the refuge, in accordance with the stipulations provided above, is a compatible use that will not materially interfere with or detract from the fulfillment of the Refuge System mission or the purpose of the refuge.

Compatibility Determination for Foot Access to a Deeded Beach Right on Wertheim NWR 6

SIGNATURE: Refuge Manager: ______(Signature) (Date)

CONCURRENCE: Regional Chief: ______(Signature) (Date)

MANDATORY 10/15 YEAR RE-EVALUATION DATE: April 2030 15 years for Big 6, 10 years for others

Compatibility Determination for Foot Access to a Deeded Beach Right on Wertheim NWR 7 Figure 1

Compatibility Determination for Foot Access to a Deeded Beach Right on Wertheim NWR 8 Literature Cited:

Adamowicz, Susan C. 2014. Minimizing Trampling on National Wildlife Refuge Salt Marshes. U.S. Fish and Wildlife Service, Rachel Carson National Wildlife Refuge, Wells, ME.

Atlantic Coast Joint Venture. 2014. www.acjv.org

Barros, A. and C.M. Pickering. 2017. How networks of informal trails cause landscape level damage to vegetation. Environmental Management 60:57-68.

Batey, Christopher. 2013. The Effectiveness of Management Options in Reducing Human Disturbance to Wetland and Coastal Birds. The Plymouth Student Scientist, 6, 340-354.

Belanger, L. and J. Bedard. 1990. Energetic cost of man-induced disturbance to staging snow geese. Journal of Wildlife Management 54:36-41.

Blumstein, Daniel T., Fernandez-Juricic, Esteban, Zollner, Patrick A., Garity, Susan C. 2005. Inter-specific Variation in Avian Responses to Human Disturbance. Journal of Applied Ecology, 42, 943-953.

Burger, J. 1981. Effect of human activity on birds at a coastal bay. Biological Conservation 21:231-241.

Burger, J. and M. Gochfeld. 1981. Discrimination of the threat of direct versus tangential approach to the nest by incubating herring and great black-backed gulls. Journal of Comparative Physiological Psychology 95: 676-684.

Burger, J. 1986. The effect of human activity on shorebirds in two coastal bays in northeastern United States. Biological Conservation 13: 123-130.

Burger, J., M. Gochfeld, and L.J. Niles. 1995. Ecotourism and birds in coastal New Jersey: Contrasting responses of birds, tourists, and managers. Environmental Conservation 22: 56-65.

Burger, J. and M. Gochfeld. 1998. Effects of ecotourists on bird behavior at Loxahatchee National Wildlife Refuge, Florida. Environmental Conservation 25: 13-21.

Cole, D.N. and P.B. Landres. 1995. Indirect effect of recreation on wildlife in Knight, R.L, and K.J. Gutzwiller, eds. 1995. Wildlife and Recreationists-Coexistence through Management and Research. Washington, DC, Island Press.

Erwin, R.M. 1980. Breeding habitat by colonially nesting water birds in two mid-Atlantic U.S. regions under different regimes of human disturbance. Biological Conservation 18:39-51.

Compatibility Determination for Foot Access to a Deeded Beach Right on Wertheim NWR 9 Greenlaw, J.S., C.S. Elphick, W. Post, and J.D. Rising. 2018. Saltmarsh Sparrow (Ammospiza caudacuta), version 2.1. In The Birds of North America (P. G. Rodewald, Editor). Cornell Lab of Ornithology, Ithaca, NY, USA. https://doi.org/10.2173/bna.sstspa.02.1

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 pp.238-247.

Saltmarsh Habitat and Avian Research Program Annual Report. 2019. Salt Marsh Restoration and Enhancement at Wertheim National Wildlife Refuge, Long Island, NY

Smith-Castro, J.R. and A.D. Rodewald. 2010. Behavioral responses of nesting birds to human disturbance along recreational trails. Journal of Field Ornithology 81:130-138.

Thompson, B. 2015. Recreational trails reduce the density of ground-dwelling birds in protected area. Environmental Management 55:1181-1190.

U.S. Fish and Wildlife Service. 2006. Long Island National Wildlife Refuge Complex, Comprehensive Conservation Plan.

Compatibility Determination for Foot Access to a Deeded Beach Right on Wertheim NWR 10