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DRAFT Environmental Assessment for the Proposed 2019 Fishing Plan for the Whittlesey Creek National Wildlife Refuge

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DRAFT Environmental Assessment for the Proposed 2019 Fishing Plan for the Whittlesey Creek National Wildlife Refuge DRAFT Environmental Assessment for the Proposed 2019 Fishing Plan for the Whittlesey Creek National Wildlife Refuge Date: February 2019 Correspondence This Environmental Assessment (EA) is being prepared to evaluate the effects associated with this proposed action and complies 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. Other applicable statutes, executive orders and regulation compliance is addressed in the Appendix (Appendix A). Proposed Action: The U.S. Fish and Wildlife Service (Service) is proposing to open fishing opportunities for species open by state regulations on the Whittlesey Creek National Wildlife Refuge (refuge) in accordance with the refuge’s proposed 2019 Fishing Plan. The refuge is authorized for 540 acres and is currently at 304 acres. All 304 acres in the refuge would be opened to fishing. As additional lands are acquired (up to 236 acres) they will also be open to fishing of all species identified in this plan after completing required compliance needs. The refuge ownership is constantly changing as new land is acquired. This proposed action is often iterative and evolves over time during the process as the agency refines its proposal and learns more from the public, tribes, and partnering agencies. Therefore, the final proposed action may be different from the original. The final decision on the proposed action will be made at the conclusion of the public comment period for the EA and the Draft 2019 Refuge-Specific Sport Fishing Regulations. The Service cannot open a refuge to fishing until a final rule has been published in the Federal Register formally opening the refuge to fishing. 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. The refuge was established pursuant to the Fish and Wildlife Coordination Act of 1956. Whittlesey Creek National Wildlife Refuge was established in 1999 to protect, restore and manage coastal wetland, floodplain forest, and spring-fed stream habitat along the south shore of Lake Superior in Chequamegon Bay near Ashland, Wisconsin. The refuge is authorized for 540 acres along lower Whittlesey Creek and 1,260 acres of easements in the 12,000-acre Whittlesey Creek watershed. The purposes of the Whittlesey Creek Refuge derive from the Fish and Wildlife Act of 1956: “...for the development, advancement, management , conservation, and protection of fish and wildlife resources…” 16 U.S.C. 742f(a)(4) [and]”...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. 742f(b)(1) (Fish and Wildlife Act of 1956). The mission of the 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: “... 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. In an effort to eliminate confusion over legal access to state waters that are currently open to fishing that lie within the refuge we are proposing to align refuge regulations with state regulations by opening the refuge to fishing. Refuge regulations currently do not allow fishing, but according to state law, individuals may walk in the creek and legally fish. Purpose and Need for the Proposed Action: 2 The purpose of this proposed action is to provide compatible wildlife-dependent recreational opportunities on Whittlesey Creek National Wildlife Refuge. The need of 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)). The Whittlesey Creek National Wildlife Refuge Comprehensive Conservation Plan (CCP, U.S. Fish and Wildlife Service 2015) identified opening the refuge to fishing in accordance with state regulations as a strategy. Refuge regulations currently do not allow fishing, but according to state law, individuals may walk in the creek and legally fish. By aligning refuge regulations through Title 50 Code of Federal Regulations, Wildlife and Sport Fisheries with state regulations, we hope to minimize confusion for the visiting public. Alternatives Considered Alternative A –Open Refuge to Sport Fishing Pursuant to State Regulations – Proposed Action Alternative: The refuge has prepared a fishing plan (Appendix B), which is presented in this document as the Proposed Action Alternative. Under the Proposed Action Alternative,the refuge will be open pursuant to Wisconsin state fishing regulations. Wisconsin Department of Natural Resources (Wisconsin DNR) publishes their regulations each year and are available on line at: https://dnr.wi.gov/topic/fishing/regulations/. Specific information related to trout fishing is also included in the state fishing regulations: https://dnr.wi.gov/topic/fishing/regulations/TroutRegs.html. Specific information related to spearing, netting, and bait harvest regulations is also included in the state regulations as they relate to sport fishing on the refuge: https://dnr.wi.gov/topic/fishing/documents/regulations/ Whittlesey Creek is specifically listed in the state trout regulations with the following restrictions: WHITTLESEY CREEK (LS)—Downstream from Town Hall Road Open season: May 4 at 5:00 a.m. to November 15 Daily bag limit: 5 trout and salmon in total, only 2 of which may be brown trout over 15" and only 1 of which may be a rainbow trout and all brook trout must be immediately released. Length limit: brown trout 10", salmon 12" and rainbow trout 26". Areas open to fishing would include 304 acres in the refuge and as additional lands are acquired they would also be opened to fishing after completing required compliance needs. The refuge ownership is constantly changing as new land is acquired. Fishing periods will correspond with state regulations. As additional lands are acquired and refuge management programs are instituted, it may become necessary to impose some 3 regulations that are more restrictive than state laws (i.e. closed areas, size limits). These modifications will be included during the annual amendment process through the Federal Register and the public will be informed through media and posting. Refuge-specific regulations will be published in the Federal Register as part of the 2019-2020 Refuge-Specific Hunting and Sport Fishing Regulations. Refuge specific regulations include: 1. Fishing is permitted in daylight hours only 2. We prohibit the taking of any mussel (clam), crayfish, frog, leech, and turtle species by any method on the refuge (see §27.21 of this chapter). Mitigation Measures to Avoid Conflicts: ● We do not anticipate any conflict between other recreational uses of the refuge and fishing. The boundary of most lands owned by the Service are posted with refuge boundary signs. Areas administratively closed to fishing will be clearly marked with “No Fishing Zone” or “Area Beyond This Sign Closed” signs. ● Refuge management activities can be accomplished without conflict with fishing activities through the use of administratively closed areas, timing of fishing, size limits, and methods of fishing. There may be times when refuge stream habitat restoration programs or fish surveys need to occur and would limit fishing access on certain areas of the refuge. Habitat restoration activities would generally close a short length of creek for an extended period of time while fish surveys would impact the entire creek for less than a week.
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