Green Lake National Fish Hatchery Recreational Fishing

U.S. Fish and Wildlife Service Green Lake National Fish Hatchery Draft Recreational Fishing Plan April 2021

Appendix A – Environmental Assessment

Estimated Lead Agency Total Costs Associated with Developing and Producing the EA (per ERM 10-12): $7,495 Green Lake National Fish Hatchery [DRAFT] Recreational Fishing Plan

April 2021

U.S. Fish and Wildlife Service

Green Lake National Fish Hatchery 1 Hatchery Way Ellsworth, ME 04605

Submitted: Project Leader Date

Concurrence: Complex Manager Date

Approved: Assistant Regional Director, Fish and Aquatic Conservation Date

Green Lake National Fish Hatchery - Draft Recreational Fishing Plan 2 Table of Contents

I. Introduction 4 II. Statement Of Objectives 5 III. Description of Fishing Program 5 A. Areas to be Opened to Fishing 5 B. Species to be Taken, Fishing Seasons, Fishing Access 5 C. Fishing Permit Requirements 6 D. Consultation and Coordination with the State 6 E. Law Enforcement 6 F. Funding and Staff Requirements 7 IV. Conduct of the Fishing Program 7 A. Angler Permit Application, Selection, and/or Registration Procedures 7 C. Relevant State Regulations 8 D. Other Hatchery Rules and Regulations for Fishing 8 V. Public Engagement 8 A. Outreach for Announcing and Publicizing the Fishing Program 8 B. Anticipated Public Reaction to the Fishing Program 8 C. How Anglers Will Be Informed of Relevant Rules and Regulations 9 VI. Compatibility Determination 9 VII. References 9 VIII. Figures 10

Green Lake National Fish Hatchery - Draft Recreational Fishing Plan 3 I. Introduction

The Green Lake National Fish Hatchery (NFH) is part of the U.S. Fish and Wildlife Service’s (Service) Fish and Aquatic Conservation (FAC) program. The FAC program works throughout the country to restore habitat across the landscape, prevent and control invasive species, assist Native American Tribes and other partners in managing their fish and wildlife resources, advance fisheries and aquatic sciences and technologies, foster outdoor recreational opportunities, educate the public on the economic and ecological benefits of aquatic species and their habitats, and address new and emerging challenges–such as climate change.

The Green Lake NFH is administered by the Service and was authorized by Public Law 90-28, June 24, 1967, with an initial appropriation of $100,000 for the purpose of rearing Atlantic salmon for restoration and management of the fishery in Maine and other waters in New England. Originally constructed in 1973, Green Lake NFH is a cold-water aquaculture facility that comprises approximately 129 acres in Hancock County, in mid-coastal Ellsworth, Maine. The site is located approximately seven miles north and west of the City of Ellsworth and 3 miles south of Otis. The property maintains a combined office-maintenance-hatchery building, one residence, a water treatment plant, a fish-rearing area including 102 circular pools and six fish culture waste-water treatment ponds. There is a trail for recreational use and visitor parking areas. The hatchery’s primary water source comes from Green Lake. Access to the station is via Hatchery Road off of State Route 180 (Mariaville Road), approximately 4.2 miles north of U.S. Route 1A (Bangor Road).

Applicable laws, regulations, and policies which direct the operation and programs of the Green Lake NFH include: the Fish and Wildlife Coordination Act (16 U.S.C. 661-667e; 48 Stat.401), as amended; Federal Water Pollution Control Act (33 U.S.C. 1251-1376; 62 Stat. 1155), as amended; Fish and Wildlife Act of 1956 (16 U.S.C. 742a-742j, not including 742d-1; 70 Stat. 1119), as amended; the Refuge Recreation Act (16 U.S.C. 460k-460k-4); Fish and Wildlife Conservation Act (16 U.S.C. 2901-2911; 94 Stat. 1322); the Code of Federal Regulations; and Fish and Wildlife Service Manual.

The Green Lake NFH supports recovery of endangered Atlantic salmon (Salmo salar) in the Gulf of Maine Distinct Population Segment (DPS), by rearing 1 year smolts and 0+ parr primarily for the Penobscot River. These recovery efforts are part of and supported by partners such as the Craig Brook NFH, National Oceanic and Atmospheric Administration – Fisheries (NOAA-Fish), Penobscot Indian Nation and the Maine Department of Marine Resources.

The recreational fishing opportunity at the Green Lake NFH is at the backwatered confluence of Reeds Brook and Graham Lake (Reeds Brook). The waterbodies are not owned or managed by the Service, though the hatchery allows access to a portion of the lake for fishing (Figure 2). Reeds Brook is a tributary Graham Lake that runs through the northern end the hatchery’s property with a depth that ranges from approximately 1 to 10 feet depending on the season. All fishing is regulated by and needs to be in compliance with the State of Maine fishing regulations.

The purpose of this document is to support bringing Green Lake NFH into compliance with Federal regulations by formally opening the station to public recreational fishing along the Reeds

Green Lake National Fish Hatchery - Draft Recreational Fishing Plan 4 Brook. It is a priority of the Service to provide for wildlife-dependent recreation opportunities, including fishing, when those opportunities are compatible with the purposes for which the hatchery was established and the mission of the Service.

II. Statement of Objectives

The objectives of a recreational fishing program at the Green Lake NFH are to provide:

• The general public access to Reeds Brook from hatchery property to fish in accordance with the State of Maine fishing regulations from legal sunrise until legal sunset;

• The public with recreational activities to experience wildlife on hatchery lands and increase opportunities for anglers, especially for youth and families; and

• Increased alignment with the Maine Department on Inland Fisheries and Wildlife (MEDIFW) and a stronger association between state and Federal lands.

This recreational fishing plan is consistent with Secretarial Order 3356, “continues the Department of the Interior's efforts to enhance conservation stewardship; increase outdoor recreation opportunities for all Americans, including opportunities to hunt and fish; and tp improve the management of game species and their habitats for this generation and beyond." The Service is proposing to allow public access for sportfishing from the Green Lake NFH property to Reeds Brook.

III. Description of Fishing Program

A. Areas to be Opened to Fishing

Recreational fishing is allowed in the backwatered area of Reeds Brook, classified as part of Graham Lake by the State of Maine, from existing public access points on hatchery property. Access points are unimproved and should not be considered accessible under definitions associated with the Americans with Disabilities Act (ADA). The primary fishing area is approximately 4 acres located between the hydroelectric dam and State Route 180 (Mariaville Road) on the southern shoreline.

Public fishing is only allowed on Reeds Brook (Figure 2). Fishing can be conducted from the shoreline. Additional access to this area is intermittently available by boat from Graham Lake depending on the water level of the lake. Small hand carry boat (i.e. canoes and kayaks) can be launch via foot from existing access points. Fishing on all other waterbodies (with the exception of Reeds Brook and Graham Lake) on or from hatchery property is prohibited.

B. Species to be Taken, Fishing Seasons, Fishing Access

Reeds Brook

Green Lake National Fish Hatchery - Draft Recreational Fishing Plan 5

The primary fish species that inhabit the area accessible for fishing from the hatchery property include largemouth bass, smallmouth bass, sunfish, and chain pickerel. Other warm water species may be present.

Public fishing, including fishing seasons, is conducted according to all applicable recreational fishing laws and regulations established and published by the State of Maine, with additional hatchery-specific restrictions (described in Part IV).

Reeds Brook runs through the west edge of the hatchery property near the entrance gate on Hatchery Way. Anglers can use the road and parking lots on the hatchery property for vehicles. A small parking area near the access point outside of the gate is maintained, additional parking may be available inside the gate, during regular business hours (Figure 2). Reeds Brook is accessible for fishing via foot and existing access points should be used to reach the fishable waters.

C. Fishing Permit Requirements

Aside from hatchery-specific regulations for fishing (described in Part IV), recreational fishing on the brook is conducted in accordance with current published fishing laws and license requirements of the State of Maine. No additional permits are required beyond what is required by Maine recreational fishing laws and license requirements. Current State of Maine fishing laws can be obtained from MEDIFW, and licenses can be obtained from agents throughout the State (sporting goods stores, many convenience stores, town clerks and turnpike service centers, online or at the MEDIFW office in Augusta. Anglers can contact MEDIFW directly for assistance through their website or by calling 207-287-8000 during regular business hours (Monday-Friday 8am-5pm).

MDIFW Mailing Address: Physical Address: 41 State House Station 284 State Street Augusta, ME 04333-0041 Augusta, ME 04333-0041

Website: https://www.maine.gov/ifw/ Fishing Regulations Website: https://www.maine.gov/ifw/fishing-boating/index.html

D. Consultation and Coordination with the State

National fish hatcheries conduct fishing programs within the framework of state and Federal regulations. All authorized fishing is regulated by the State of Maine. This plan and the associated environmental assessment (EA) have been reviewed and are supported by MEDIFW. The Green Lake NFH will continue to consult and coordinate with MEDIFW annually to ensure the recreational fishing plan is consistent with State regulations.

E. Law Enforcement

Public waters are under the jurisdiction of Maine law enforcement officers. Federal law

Green Lake National Fish Hatchery - Draft Recreational Fishing Plan 6 enforcement officers may monitor the public-use areas on hatchery property.

The following methods are used to control and enforce fishing regulations:

Law enforcement officers may randomly check anglers for compliance with laws and regulations of the State of Maine.

F. Funding and Staff Requirements

The cost of maintaining public access to the state and Federal waters for recreational fishing comes out of the hatchery’s annual budget. Expenses include program management, staff resources, signage, gate maintenance, parking lot and road maintenance (including snow plowing), facility maintenance, and other fishing-specific activities.

IV. Conduct of the Fishing Program

A. Angler Permit Application, Selection, and/or Registration Procedures

Anglers are required to possess a fishing license as required by the State of Maine. Anglers do not need a permit to access hatchery waters. There is no fee or check-in requirement.

B. Hatchery-Specific Fishing Regulations

Reeds Brook

The back-watered area of Reeds Brook is an angling opportunity for the general public. Recreational fishing is permitted in accordance with current published fishing laws of the State of Maine with the following exceptions:

• Outside of the designated access area for angling (i.e., Reeds Brook on the west edge of the hatchery property), angling equipment including, but not limited to, rods, tackle, bait and boots, are prohibited on hatchery property.

• Anglers must abide by posted signage and stay at least 50 feet from hatchery raceways, pools and fish culture areas to maintain biosecurity of stocked fish populations. If the public wants to visit the hatchery’s fish culture operations, please do so prior to fishing.

• Fishing in the Green Lake Waterpower Company Hydro-electric tail race area from the shoreline is prohibited. There is no public shoreline access to Green Lake from the hatchery property.

• The use of lead tackle must remain in compliance with State of Maine inland fishing regulations: “The sale and use of lead sinkers not meeting the length (2.5 inches) and/or weight (1 ounce) requirements is prohibited. If a lead sinker is over 2.5 inches in length or it weighs over 1 ounce or both it is legal to use and sell or offer for sale.

Green Lake National Fish Hatchery - Draft Recreational Fishing Plan 7 If a sinker contains ANY amount of lead, it will be considered illegal if it doesn’t meet the length and weight requirements.” (https://www1.maine.gov/ifw/docs/LeadLaw.pdf)

C. Relevant State Regulations

Recreational fishing is conducted according to laws and regulations provided by the State of Maine and published in the Maine Revised Statutes (MRS) including licensing requirements, season dates, fishing methods, and harvest with the exception of the hatchery-specific regulations described above (MRS Title 12, Chapter 323). They are also published on the MEDIFW website: https://www.maine.gov/ifw/fishing-boating/fishing/laws- rules/index.html.

D. Other Hatchery Rules and Regulations for Fishing

All anglers at the Green Lake NFH must abide by posted signage and stay at least 50 feet from hatchery raceways, pools and fish culture areas to maintain biosecurity of stocked fish populations. Angling equipment including, but not limited to, live bait, boots, and rods near these areas is prohibited.

V. Public Engagement

A. Outreach for Announcing and Publicizing the Fishing Program

To inform the public of the recreational fishing program, any updates will be posted at the Green Lake NFH office and on the hatchery website. Any outreach is intended to:

• Educate the public of the changes/updates to the fishing program; and

• Inform the public where to get information regarding the program.

The hatchery will also address public comments received and review them for incorporation into the recreational fishing plan.

B. Anticipated Public Reaction to the Fishing Program

It is estimated that about 1,800 people visit the Green Lake NFH annually. Visitors use the hatchery to enjoy public recreation such as educational tours and events, general fishing access, picnicking, wildlife observation, photography, and trail use including hiking, snowshoeing, leashed dog-walking, and trail-running. Visitors engaged in these activities have historically co-existed without conflicts. We anticipate that this will not change as a result of this administrative action.

We estimate that about 7 to 10 people per day during the summer months could visit the Green Lake NFH to either fish recreationally on Reeds Brook or participate in other recreational activities. Allowing access for recreational fishing and other activities at the

Green Lake National Fish Hatchery - Draft Recreational Fishing Plan 8 Green Lake NFH is consistent with the hatchery’s mission and helps promote an appreciation of local natural resources. We do not anticipate a significant increase in visitation by officially allowing access for recreational fishing at the hatchery.

C. How Anglers Will Be Informed of Relevant Rules and Regulations

Relevant angler information for the Green Lake NFH may be provided at the hatchery and on the hatchery website. Angler information may also be provided by hatchery staff by calling, writing, e-mailing, or visiting the hatchery. Angling regulations are provided by the State of Maine and published in the Maine Revised Statutes (MRS) including licensing requirements, season dates, fishing methods, and harvest with the exception of the hatchery-specific regulations described above (MRS Title 12, Chapter 323). They are also published on the MEDIFW website: https://www.maine.gov/ifw/fishing-boating/fishing/laws- rules/index.html.

VI. Compatibility Determination

By allowing access for recreational fishing (i.e., the proposed action), the Service’s ability to reach its fish and wildlife population goals will not be negatively affected. Fishing activities proposed in the Green Lake NFH Recreational Fishing Plan are compatible with the purpose of the hatchery. Recreational fishing, as outlined in the plan, “is not detrimental to the propagation and distribution of fish or other aquatic animal life” (50 CFR Ch. 1 71) at the Green Lake NFH.

VII. References:

U.S. Fish and Wildlife Service. (2015). Strategic Plan for the U.S. Fish and Wildlife Service Fish and Aquatic Conservation Program: FY2016-2020. Washington, DC: U.S. Department of the Interior. Retrieved from https://www.fws.gov/fisheries/pdf_files/FAC_StrategyPlan_2016-2020.pdf.

Green Lake National Fish Hatchery - Draft Recreational Fishing Plan 9 VIII. Figures

Figure 1. Green Lake NFH Boundary, source: USFWS Division of Realty

Green Lake National Fish Hatchery - Draft Recreational Fishing Plan 10

Figure 2. Green Lake NFH Recreational Fishing Access (Reeds Brook), and Visitor Parking (Highlighted in Yellow)

Green Lake National Fish Hatchery - Draft Recreational Fishing Plan 11 Appendix A. DRAFT Environmental Assessment for Fishing at Green Lake National Fish Hatchery

This environmental assessment (EA) is being prepared to evaluate the effects associated with the proposed action and to comply 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. A list of law and executive orders evaluated through this EA is included at the end of this document.

Proposed Action

The U.S. Fish and Wildlife Service (Service) is proposing to allow access for recreational fishing at Green Lake National Fish Hatchery (NFH) in accordance with the hatchery’s 2021 Recreational Fishing Plan. In addition, the hatchery will allow non-consumptive recreational activities on the hatchery property such as bird watching, photography, hiking, and leashed dog walking.

The proposed action may evolve through the public comment period on this draft EA as the agency refines its proposal and learns more from the public, Tribes, and other agencies. The final decision on the proposed action will be made at the conclusion of the public comment period for the EA.

Background

Green Lake NFH is part of the Service’s Fish and Aquatic Conservation (FAC) program and is located in Ellsworth, Maine. The FAC program works throughout the country to restore habitat across the landscape, prevent and control invasive species, assist Native American Tribes and other partners in managing their fish and wildlife resources, advance fisheries and aquatic sciences and technologies, foster outdoor recreational opportunities, educate the public on the economic and ecological benefits of aquatic species and their habitat, and address new and emerging challenges – such as climate change.

The Green Lake NFH was established June 24, 1967 under Public Law 90-28. The initial appropriation was used to secure the land, and construction occurred between 1973 and 1978. Since inception, the main mission of the hatchery has been to provide Atlantic salmon (Salmo salar) smolts and parr to the Penobscot and Downeast Maine salmon rivers for restoration purposes. Following the endangered species listing of the salmon in 2000, the primary mission of the hatchery has been to facilitate species recovery efforts in the Penobscot River.

Applicable laws, regulations, and policies which direct the operation and programs of the Green Lake NFH include the Fish and Wildlife Coordination Act (16 U.S.C. 661-667e; 48 Stat.401), as amended; Federal Water Pollution Control Act (33 U.S.C. 1251-1376; 62 Stat. 1155), as amended; Fish and Wildlife Act of 1956 (16 U.S.C. 742a-742j, not including 742d-1; 70 Stat.

Appendix A- Environmental Assessment A-1 1119), as amended; the Refuge Recreation Act (16 U.S.C. 460k-460k-4); Fish and Wildlife Conservation Act (16 U.S.C. 2901-2911; 94 Stat. 1322); the Code of Federal Regulations; and Fish and Wildlife Service Manual.

National fish hatcheries are maintained for the fundamental purpose of the propagation and distribution of fish and other aquatic animal life; and are managed for the protection of all species of wildlife (50 CFR Ch. l 70.1). The mission and work of the National Fish Hatchery System is to “... improve[s] recreational and public use of aquatic resources, recovery of federally listed threatened or endangered species, restoration of imperiled species…and fulfillment of Tribal partnerships and trust responsibilities.”

National Fish Hatchery System propagation addresses top priorities, such as:

• Enhancement of recreational fishing

• Enhancement of public use of aquatic resources

• Recovery of federally protected species

• Restoration of imperiled species

• Fulfillment of Tribal partnerships and trust responsibilities

As part of the National Fish Hatchery System, the mission of Green Lake NFH is to “protect, conserve, and restore native fishes in the northeastern United States in order to sustain valuable fisheries and support recreational fishing for the benefit of the public.” It is a priority of the Service to provide for fish and wildlife-dependent recreation opportunities, including fishing, when those opportunities are compatible with the purposes for which the hatchery was established and the mission of the Service.

Purpose and Need for the Proposed Action

Fishing is a healthy, traditional recreational use of renewable natural resources deeply rooted in America’s heritage. Federal laws and the Service’s policies permit fishing on national fish hatcheries when those activities are compatible with the purposes for which the station was established and the mission of the Service. The purposes of these proposed actions are to (i) formally open the Green Lake NFH to public recreational fishing access so that recreational angling can occur at the station consistent with the hatchery’s Recreational Fishing Plan, and (ii) formally allow other recreational activities that currently occur on the station such as photography, wildlife observation, and leashed dog-walking during normal operating hours. These proposed actions are aligned with the purpose of Secretarial Order 3356 to increase access to public lands for hunting, shooting, and fishing, and put a new and greater emphasis on recruiting and retaining new sportsmen conservationists, with a focus on engaging youths, veterans, minorities, and other communities that traditionally have low participation in outdoor recreational activities.

Appendix A- Environmental Assessment A-2 The need of the proposed actions is to meet the Service’s priorities and mandates as outlined by the Secretary of the Department of the Interior to “recognize compatible wildlife-dependent recreational uses as the priority general uses of the Federal Lands and “ensure that opportunities are provided within the National Fish Hatchery System for compatible wildlife-dependent recreational...”

Recreational fishing and outdoor recreational activities are priority public uses of the FAC program as identified in the core goals of the Strategic Plan for the U.S. Fish and Wildlife Service Fish and Aquatic Conservation Program: FY2016-2020 (U.S. Fish & Wildlife Service, 2015).

Alternatives

Alternative A – No Action Alternative

Under the No Action Alternative, the Green Lake NFH would be closed to public recreational fishing access and other forms of recreation such as photography, wildlife observation, and leashed dog-walking. This alternative is being included in the EA for analytical purposes only, as under the status quo, recreational fishing and other listed recreational uses currently occur at the station. Implementation of this alternative would not facilitate wildlife-dependent priority uses that have been found to be compatible with the purposes of the hatchery and the mission of the National Fish Hatchery System.

Alternative B –Proposed Action Alternative

The Green Lake NFH has prepared a Recreational Fishing Plan, which is presented in this document as part of the Proposed Action Alternative. Under this alternative, the Service is proposing to formally open to allow access for fishing opportunities from hatchery lands where these uses are found to be compatible. All areas opened to fishing under this proposed action will follow Federal and State regulations, and subject to additional hatchery-specific regulations (50 CFR 32.71). A complete and descriptive account of this alternative can be found under sections III and IV of the Recreational Fishing Plan.

In addition to implementing the Recreational Fishing Plan, under the proposed action alternative, the existing trails on the hatchery property would be open for non-consumptive recreational activities such as wildlife photography, hiking, and leashed dog walking during normal operating hours.

In summary, specific actions would include:

• Open fishing opportunities at the backwatered confluence of Reeds Brook and Graham Lake (Reeds Brook), per State of Maine published fishing regulations. Opening Station trail to non-consumptive recreational activities such as wildlife photography, hiking, and leashed dog walking.

Appendix A- Environmental Assessment A-3 • The use of lead tackle must remain in compliance with State of Maine inland fishing regulations: “The sale and use of lead sinkers not meeting the length (2.5 inches) and/or weight (1 ounce) requirements is prohibited. If a lead sinker is over 2.5 inches in length or it weighs over 1 ounce or both it is legal to use and sell or offer for sale. If a sinker contains ANY amount of lead, it will be considered illegal if it doesn’t meet the length and weight requirements” (https://www1.maine.gov/ifw/docs/LeadLaw.pdf).

Affected Environment and Environmental Consequences

This section is organized by affected resource categories and for each affected resource discusses both (1) the existing environmental and socioeconomic baseline in the action area for each resource and (2) the effects and impacts of the proposed action and any alternatives on each resource. The effects and impacts of the proposed action considered here are changes to the human environment, whether adverse or beneficial, that are reasonably foreseeable and have a reasonably close causal relationship to the proposed action or alternatives. This EA focuses on the written analyses of the environmental consequences on a resource only when the impacts on that resource could be more than negligible and therefore considered an “affected resource.” Resources that will not be more than negligibly impacted by the action may be dismissed from further analyses. We determine significance by considering the degree of effects to that environment, and connected actions are used to assist in determining significance. The Green Lake NFH comprises 129 acres in the Town of Ellsworth, Hancock County, Maine.

TABLE A-1. POTENTIAL FOR ADVERSE IMPACTS FROM PROPOSED ACTION AND ALTERNATIVES No/Negligible Not Applicable: Impacts: Exists Resource does Impacts analyzed Resources but no or not exist in in this EA negligible project area impacts ☐ ☒ Species to Be Fished ☐

Non-Target Wildlife and Aquatic Species ☐ ☒ ☐

Threatened and Endangered Species and Other ☐ ☒ Special Status Species ☐

Habitat and Vegetation (including vegetation of special management concern) ☐ ☒ ☐

Geology and Soils ☐ ☒ ☐

Air Quality ☐ ☒ ☐ ☐ ☒ Water Quality ☐

Floodplains ☒ ☒ ☐

Wilderness ☒ ☐ ☐

Visitor Use and Experience ☐ ☐ ☒

Cultural Resources ☐ ☒ ☐

Appendix A- Environmental Assessment A-4 No/Negligible Not Applicable: Impacts: Exists Resource does Impacts analyzed Resources but no or not exist in in this EA negligible project area impacts

Hatchery Management and Operations ☐ ☐ ☒

Socioeconomics and Environmental Justice ☐ ☒ ☐

Species to be Fished Affected Resource Description

The proposed fishing area is a four-acre backwater area between Graham Lake and the confluence of Reeds Brook. The area is considered warm water habitat and species most likely to be encountered include largemouth bass, smallmouth bass, sunfish, and chain pickerel. Other legally fished species may also include white perch, landlocked salmon, and brook trout. All of these species are considered to be self-sustaining or are stocked by the State of Maine for recreational fishing purposes.

Anticipated Impacts

Under the no action alterative, access for public recreational fishing would not be allowed. However, these same fishing resources could be accessed via boat from Graham Lake or other parts of the lake not adjacent to the hatchery. The proposed action merely allows some additional access to Graham Lake and the confluence of Reeds Brook that would not otherwise be allowed under the no action alternative. The effects to fish species in the lake from the proposed action would be very similar to the no action and in neither case are the effects (i.e., impacts on stocked fish) anticipated to be more than negligible. The fish populations in Graham Lake are managed by the State of Maine, with modest supplemental stocking occurring. They are considered to be healthy populations. Fishing pressure is anticipated not to exceed 10 anglers per day, and no adverse effects to the population are anticipated from the proposed action.

The hatchery will prevent the negative impacts of lead in the environment by adhering to State of Maine inland fishing regulations that “…If a sinker contains ANY amount of lead, it will be considered illegal if it doesn’t meet the length and weight requirements.” This measure will help preserve healthy habitats for fish and wildlife in the local area and will promote greater stewardship of the environment. The amount of lead introduced to the environment as a result of fishing activity is negligible. Therefore, it is anticipated that under the no action and proposed action alterative, the level of fishing that will occur will have no or only negligible effects on the species to be fished.

Threatened and Endangered Species and Other Special Status Species Affected Resource Description

Federally endangered and threatened species on the hatchery include the Atlantic salmon (Salmo salar) and Northern long-eared bat (Myotis septentrionalis).

Appendix A- Environmental Assessment A-5

Historically, Atlantic salmon utilized large coastal rivers and estuaries including the Union River as spawning grounds. The construction of the Union River Dam in Ellsworth in the early 1900s established a complete barrier to Atlantic salmon migration in the river. While there were early efforts to restore salmon in the drainage, there are currently no active efforts underway and Atlantic salmon do not occur in the area affected by this proposed action. Should fish passage be installed at this dam in the future, a re-evaluation of the impacts to the species would occur.

The northern long-eared bat is listed as federally threatened throughout the State of Maine. Northern long-eared bats roost singly or in colonies underneath bark, in cavities, or in crevices of both live and dead trees during the summer months. They spend winter hibernating in caves and mines, called hibernacula. They typically use large caves or mines with large passages and entrances; constant temperatures; and high humidity with no air currents. These hibernacula are located in the western part of the state. There is no critical habitat for the species identified on the hatchery. No tree removal or landscape alteration is planned for this action. The species has not been confirmed to be present at the site.

Anticipated Impacts No Action Alternative

Under the no action alterative, access for public recreational fishing would not be allowed and the existing trails at the hatchery would not be open for non-consumptive recreational activities such as wildlife photography, hiking, and leashed dog walking. Therefore, under the no action alternative, there would be no potential for impacts to federally endangered and threatened species or species of special concern.

Proposed Action Alternative

The proposed actions would formally open the Green Lake NFH to public recreational fishing access so that recreational angling can occur in Reeds Brook at its confluence with Graham Lake and formally allow other non-consumptive recreational activities on the hatchery property such as photography, wildlife observation, and leashed dog-walking during normal operating hours. The only federally endangered and threatened species or species of special concern that could potentially be affected by the proposed action are Atlantic salmon and the northern long-eared bat. Since Atlantic salmon are not anticipated to be present in the area associated with the proposed action, we do not anticipate any impacts to this species from the proposed action.

As fishing would not affect northern long-eared bats or their habitat, the only aspect of the proposed action that could have an effect would be the non-consumptive recreational activities on the hatchery property. However, none of these activities will change or alter habitat and the level of anticipated use under the proposed action is unlikely to cause disturbance or other impacts. Therefore, effects to northern long-eared bats and Indiana bats are not anticipated as a result of the proposed actions. Additionally, section 7 review determined that the proposed action activities at Green Lake NFH would not adversely affect species or critical habitat.

Therefore, under the proposed action alternative, there would be no or only negligible effects to

Appendix A- Environmental Assessment A-6 federally endangered and threatened species or species of special concern.

Water Quality Affected Resource Description

Water quality has a substantial influence on the ability of aquatic habitats to support the vast biodiversity found on and around the hatchery. These aquatic habitats include freshwater wetlands, freshwater streams, rivers and isolated wetlands. This diversity of aquatic habitats can be degraded by activities which introduce large amounts of sediments and associated nutrients. This could include poorly maintained trails and roads near wetlands and/or increased bank erosion from large number of wake-producing vessels. Direct water pollution (like gasoline boat engines) can be especially toxic in small or isolated water bodies.

Anticipated Impacts No Action Alternative

Proposed Action Alternative

We do not anticipate water quality issues associated with the formalization of recreational fishing and non-consumptive recreational opportunities.

Any anticipated increase in fishing pressure at the hatchery would not result in degraded water quality. While anglers are primarily expected to access the area by boat from Graham Lake, there is shoreline access to Reed’s Brook. Access would be by unimproved trails and pressure is not anticipated to increase from the current amount. Therefore, it is not expected to degrade water quality.

Visitor Uses and Experiences Affected Resource Description

The Green Lake NFH does not maintain an official visitor center. Most guests visit the hatchery in school or other learning groups to view and understand the Atlantic salmon recovery effort. The hatchery receives an average of 1800 visitors per year. Of these we anticipate 0-10 users per day of the fishing area and walking trails. Recreational anglers accessing the Reeds Brook impoundment by boat are not likely to visit the hatchery buildings.

Anticipated Impacts No Action Alternative

Appendix A- Environmental Assessment A-7

Proposed Action Alternative

Recreational fishing and other non-consumptive uses such as photography, wildlife observation and leashed dog walking is currently occurring on the hatchery. This action is codifying this access. Since areas currently not being used for such activities are not being opened under this alternative, and additional visitor pressure is not anticipated, no impact is expected.

Cultural Resources Affected Resource Description

No effect on cultural resources is expected from the proposed action. The Maine Historic Preservation Commission has issued a notice of concurrence.

Tribal consultation is on-going.

Land Use on the Refuge Affected Resource Description

Hatchery Operations do not include extensive habitat management activities. These are generally limited to mowing around the fish culture areas as necessary, as well as any access points for water intake, and culture water effluent.

Fishing and other non-consumptive recreational activities at the Green Lake NFH are not expected to affect habitat management activities.

Anticipated Impacts No Action Alternative

Proposed Action Alternative

Under this alternative, recreational fishing would be allowed at the Reeds Brook confluence with Graham Lake and other non-consumptive recreational activities would be permitted along the hatchery trail. Traditional land management activities are limited to mowing to maintain fish culture areas and provide staff access to water intake and effluent discharge sites. At this time no impact to current land management activities are anticipated.

Hatchery Management and Operations Affected Resource Description

The costs of administering the fishing program at the hatchery comes out of the annual budget. Expenses include program management, staff resources, boundary posting, signage, brochures,

Appendix A- Environmental Assessment A-8 as well as parking lot, gate and facility maintenance. The potential for conflict with management activities would occur where fish culture activities take place. The areas in question do not immediately abut fish culture areas, and anglers are not permitted to bring tackle into those areas.

There are six permanent full-time employees that work on the hatchery. Additional staffing is provided by temporary or term staff or contracted student hatchery interns. Maintenance staff will be responsible for maintaining grounds and gate structures in the area, but all staff will engage with visitors.

Anticipated Impacts No Action Alternative

Proposed Action Alternative

Under this alternative, additional costs are expected for the fishing program, particularly in the first years. These costs are expected to include the creation and installation on new signage – both near the approved fishing location and at trailhead locations. Cost are estimated to be less than $5,000 per year, with the first one or two years requiring the most investment to update any signage.

Additional staff time would be spent updating maps, brochures and the station’s website. It is also anticipated that staff would field new questions from anglers regarding the fishing program

Socioeconomics and Environmental Justice Affected Resource Description

The Green Lake NFH is located and fully contained within the boundaries of Ellsworth, Hancock County, Maine. According to the U.S. Census, the population in Hancock County, Maine, has been steady with 54,987 residences in 2019 and a growth rate of 1.1 percent since 2010. The State population has had a growth rate of 1.2 percent over the same period. According to the 2011 National Survey of Fishing, Hunting, and Wildlife-Associated Recreation, approximately 283,000 residents and non-residents fished in Maine. All fishing-related expenditures in Maine totaled $371,829 in 2011.

Neither of the alternatives are expected to have negative impacts on socioeconomics because it is anticipated that anglers would substitute other nearby fishing opportunities.

The Green Lake NFH is one of six offices included in the Maine-New Hampshire Fisheries Complex. The other offices in Maine (Craig Brook NFH, Maine Fish and Wildlife Conservation Office, and Maine Fisheries Complex Office) are all located in East Orland, Hancock County Maine, approximately 30 miles away. Additional Department of Interior offices in the County include the Acadia National Park, Bar Harbor Hancock County Maine. The nearest large urban

Appendix A- Environmental Assessment A-9 center is Bangor Maine, in Penobscot County, approximately 30 miles west of the Green Lake NFH. TABLE A-2. POPULATION AND INCOME FOR ADJACENT COUNTIES AND CITIES*

Jurisdiction Population Minority Median Household Income Population Penobscot County 152,148 8,064 $50,808 Waldo County 39,715 1,350 $51,931 Washington County 31,379 2,730 $41,347 *Data is from 2019.

Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, requires all Federal agencies to incorporate environmental justice into their missions by identifying and addressing disproportionately high or adverse human health or environmental effects of their programs and policies on minorities and low-income populations and communities.

The Service has not identified any potential high and adverse environmental or human health impacts from this proposed action or any of the alternatives. The Service has identified no minority or low-income communities within the impact area. Minority or low income communities will not be disproportionately affected by any impacts from this proposed action or any of the alternatives

Anticipated Impacts No Action Alternative

The hatchery helps to generate ecotourism and outdoor recreation dollars for the local businesses and towns along the periphery. Visitors come from adjacent cities and States to learn about the Atlantic salmon and the recovery efforts being made. Additionally, they participate in environmental education, and fishing. These visitors can support local restaurants, gas stations, sportsman shops, and segments of the hospitality industry. Though data is limited, it is likely that hotels, motels, and bed and breakfasts also benefit financially from hatchery visitors.

Proposed Action Alternative

It is uncertain how projected population and development trends in Maine will directly influence species and fishing impacts. Because most growth is expected to occur in urban areas, it is unlikely that local development would affect areas around the Green Lake NFH

The Service has not identified any potential high and adverse environmental or human health impacts from this proposed action or any of the alternatives. Minority or low-income communities would not be disproportionately affected by any impacts from this proposed action or any of the alternatives.

Appendix A- Environmental Assessment A-10 Monitoring The Green Lake NFH will be adaptive under the fish program. Hatchery specific fishing regulations may be altered to achieve species-specific objectives in the future.

Summary of Analysis The purpose of this EA is to briefly provide sufficient evidence and analysis for determining whether to prepare an Environmental Impact Statement (EIS) or a Finding of No Significant Impact (FONSI).

Alternative A – No Action Alternative

Under the No Action Alternative, the Green Lake NFH would be closed to public recreational fishing access and other forms of recreation such as photography, wildlife observation, and leashed dog-walking. This alternative does not provide additional compatible wildlife-dependent recreational opportunities, nor does it satisfy current Executive and Secretarial Orders to facilitate or provide more hunting and fishing opportunities on national fish hatcheries. It does not satisfy the Purpose and Need statement of this EA.

Alternative B – Proposed Action Alternative

We anticipate that this action would have minimal impacts on the hatchery’s natural resources. The hatchery does not manage harvest of recreational fish on the site, and the proposed fishing area is considered ‘waters of the State of Maine’ and is managed as such by the Maine Department of Inland Fisheries and Wildlife. There would be minimal to no impact on threatened and endangered species.

This alternative would help meet the purpose and needs of the Service as described above, because it would provide additional wildlife-dependent recreation opportunities on the Refuge Complex, meeting the Service’s priorities and mandates. This alternative also would better align Service regulations with State regulations in an effort to make hunting more accessible and understandable by the American public. The Service has determined that the proposed action would be compatible with the purposes of the refuges and the mission of the Refuge System.

List of Agencies and Persons Consulted Francis Brautigam, Director of Fisheries & Hatcheries: Maine Department of Inland Fisheries and Wildlife Penobscot Nation Passamaquoddy Tribe - Indian Township Passamaquoddy Tribe - Pleasant Point (Sipayik) Houlton Band of Maliseet Indians Aroostook Band of Micmac Indians Kirk F. Mohney, Director, Maine Historic Preservation Commission,

List of Preparers Oliver Cox - Hatchery Manager Tracy Copeland – Senior Fish Biologist, Fisheries and Aquatic Conservation Legacy Region 5

Appendix A- Environmental Assessment A-11 Lowell Whitney – Deputy Assistant Regional Director, FAC Legacy Region 5 Peter Lamothe – Complex Manager Maine-New Hampshire Fisheries and Wildlife Service Complex

State Coordination The fishing program at Green Lake NFH will be in compliance with all published State of Maine regulations. No additional coordination regarding special rules was made. State of Maine regulations can be found: https://www.maine.gov/ifw/fishing-boating/index.html

Tribal Consultation Hatchery staff will coordinate with federally recognized Tribal governments in areas of mutual interest, including fishing opportunities.

Public Outreach This EA is part of the Green Lake NFH Recreational Fishing Plan. The plan was coordinated with all interested and/or affected parties, including DFIW staff. The public will be notified of the availability of the Fishing Plan, EA with no less than a 30-day review and comment period. We will inform the public through local venues, the refuge website, and social media.

Determination This section will be filled out upon completion of any public comment period and at the time of finalization of the Environmental Assessment.

☐ The Service’s action will not result in a significant impact on the quality of the human environment. See the attached “Finding of No Significant Impact”.

☐ The Service’s action may significantly affect the quality of the human environment and the Service will prepare an Environmental Impact Statement.

Preparer Signature: Date:

Name/Title/Organization:

Reviewer Signature: Date:

Name/Title:

Appendix A- Environmental Assessment A-12 References

U.S. Department of Commerce, Census Bureau. www.census.gov

U.S. Department of the Interior, Fish and Wildlife Service, and U.S. Department of Commerce, U.S. Census Bureau. 2018. 2016 National Survey of Fishing, Hunting and Wildlife-associated Recreation. 144 pp. https://www.census.gov/content/dam/Census/library/publications/2018/demo/fhw16-nat.pdf.

U.S. Fish and Wildlife Service. 2015. Northern long-eared bat. Available online at: https://www.fws.gov/mountain-prairie/ea/Northernlongearedbatfactsheet_March2015.pdf

OTHER APPLICABLE STATUTES, EXECUTIVE ORDERS AND REGULATIONS

Cultural Resources • American Indian Religious Freedom Act, as amended, 42 U.S.C. 1996 – 1996a; 43 CFR Part 7. • Antiquities Act of 1906, 16 U.S.C. 431-433; 43 CFR Part 3. • Archaeological Resources Protection Act of 1979, 16 U.S.C. 470aa – 470mm; 18 CFR Part 1312; 32 CFR Part 229; 36 CFR Part 296; 43 CFR Part 7. • National Historic Preservation Act of 1966, as amended, 16 U.S.C. 470-470x-6; 36 CFR Parts 60, 63, 78, 79, 800, 801, and 810. • Paleontological Resources Protection Act, 16 U.S.C. 470aaa – 470aaa-11. • Native American Graves Protection and Repatriation Act, 25 U.S.C. 3001-3013; 43 CFR Part 10. • Executive Order 11593 – Protection and Enhancement of the Cultural Environment, 36 Fed. Reg. 8921 (1971).

Fish and Wildlife • Bald and Golden Eagle Protection Act, as amended, 16 U.S.C. 668-668c, 50 CFR 22. • Endangered Species Act of 1973, as amended, 16 U.S.C. 1531-1544; 36 CFR Part 13; 50 CFR Parts 10, 17, 23, 81, 217, 222, 225, 402, and 450. • Fish and Wildlife Act of 1956, 16 U.S.C. 742 a-m. • Lacey Act, as amended, 16 U.S.C. 3371 et seq.; 15 CFR Parts 10, 11, 12, 14, 300, and 904. • Migratory Bird Treaty Act, as amended, 16 U.S.C. 703-712; 50 CFR Parts 10, 12, 20, and 21. • Executive Order 13186 – Responsibilities of Federal Agencies to Protect Migratory Birds, 66 Fed. Reg. 3853 (2001).

Natural Resources • Clean Air Act, as amended, 42 U.S.C. 7401-7671q; 40 CFR Parts 23, 50, 51, 52, 58, 60, 61, 82, and 93; 48 CFR Part 23. • Wilderness Act, 16 U.S.C. 1131 et seq. • Wild and Scenic Rivers Act, 16 U.S.C. 1271 et seq. • Executive Order 13112 – Invasive Species, 64 Fed. Reg. 6183 (1999).

Appendix A- Environmental Assessment A-13

Water Resources • Coastal Zone Management Act of 1972, 16 U.S.C.1451 et seq.; 15 CFR Parts 923, 930, 933. • Federal Water Pollution Control Act of 1972 (commonly referred to as Clean Water Act), 33 U.S.C. 1251 et seq.; 33 CFR Parts 320-330; 40 CFR Parts 110, 112, 116, 117, 230-232, 323, and 328. • Rivers and Harbors Act of 1899, as amended, 33 U.S.C. 401 et seq.; 33 CFR Parts 114, 115, 116, 321, 322, and 333.Safe Drinking Water Act of 1974, 42 U.S.C. 300f et seq.; 40 CFR Parts 141-148. • Executive Order 11988 – Floodplain Management, 42 Fed. Reg. 26951 (1977). • Executive Order 11990 – Protection of Wetlands, 42 Fed. Reg. 26961 (1977).

Appendix A- Environmental Assessment A-14