Compatibility Determination for Waterfowl Hunting

Nestucca Bay National Wildlife Refuge Draft Revised Compatibility Determination for Waterfowl Hunting Use: Waterfowl Hunting (Ducks, Geese and American Coots) Refuge Name: Nestucca Bay National Wildlife Refuge County and State: Tillamook County, Oregon Establishing and Acquisition Authorities: • Endangered Species Act of 1973, as amended (16 U.S.C. 1532-1544, 87 Stat. 884) • Fish and Wildlife Act of 1956, as amended (16 U.S.C. 742(a)-754) • Migratory Bird Conservation Act of 1929 (16 U.S.C. 715-715d) • Consolidated Farm and Rural Development Act [7 U.S.C. 2002] • Emergency Wetlands Resources Act of 1986 [16 U.S.C. 3901(b), 100 Stat. 3583] Refuge Purpose(s): • “to conserve (a) fish or wildlife which are listed as endangered species or threatened species…or (b) plants” [16 U.S.C. 1534 (Endangered Species Act of 1973)]. • “for the development, advancement, management, conservation, and protection of fish and wildlife resources” [U.S.C. 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. 742f (b)(1) (Fish and Wildlife Act of 1956)]. • “for use as an inviolate sanctuary, or for any other management purpose, for migratory birds” [16 U.S.C. 715d (Migratory Bird Conservation Act)]. • “for conservation purposes” [7 U.S.C. 2002 (Consolidated Farm and Rural Development Act)]. • for “the conservation of the wetlands of the Nation in order to maintain the public benefits they provide and to fulfill international obligations contained in various migratory bird treaties and conventions” [16 U.S.C. 3901(b), 100 Stat. 3583 (Emergency Wetlands Resources Act of 1986)]. Description of Use(s): Current Use: Under the management direction described in the Comprehensive Conservation Plan (CCP) for Nestucca Bay NWR, which includes a Waterfowl Hunt Plan (USFWS 2013), the U.S. Fish and Wildlife Service (Service) allows the hunting of ducks and coots, hereafter referred to as waterfowl hunting, on Brooten Marsh and the Mouth of Little Nestucca River during the state waterfowl seasons seven days per week in accordance with State and Federal regulations. Proposed Changes to the Use: In this revised Compatibility Determination, we propose to allow hunting of geese in Refuge areas already open to waterfowl hunting during the state waterfowl and NW Goose Management Area seasons seven days per week in accordance with State and Federal regulations. 1 Brooten Marsh is an approximately 108-acre tidal wetland located where the Nestucca River joins the Little Nestucca River. The Mouth of the Little Nestucca River is located just upstream of Brooten Marsh and consists of 33 acres of tidal marsh. In addition to waterfowl hunting, Brooten Marsh will be open to other wildlife-dependent public uses including wildlife observation and photography and clamming during the waterfowl hunting season. The mouth of the Little Nestucca River will only be open to waterfowl hunting and will remain closed to all other public uses year-round. Public waterfowl hunting opportunities in the area surrounding Nestucca Bay NWR are limited with the next nearest opportunities occurring on Tillamook, Salmon River estuary, and Siletz Bays. Private lands offer waterfowl hunting opportunities but only to those who are granted permission and/or the ones willing and able to purchase hunting rights or leases. There is a demand for public hunting in the Nestucca Valley, especially those lands that have walk-in access and do not require the use of a boat. Allowing waterfowl hunting on Brooten Marsh and the Mouth of the Little Nestucca River will increase hunting opportunities in the area for hunters with or without a boat. For Brooten Marsh, hunters will access the area either via boat or by walking in from a pull-out along Brooten Road near the southeast corner of the marsh. The Service will be improving a trail that leads from this pull-out to Brooten Marsh to support this and other wildlife-dependent uses planned for the area. Access to the Mouth of the Little Nestucca River is only possible via boat. There are three public boat launches nearby that hunters occasionally use to launch their watercraft. One launch is located within Bob Straub State Park. The other two launches are managed by Tillamook County. One is located on Brooten Road just south of the entrance to Pacific City while the other one is on the south bank of the Little Nestucca River along Meda Loop Road and 200 yards east of Highway 101. For both areas, access to refuge lands will be allowed from one hour before sunrise to one hour after sunset. Permanent blinds will not be allowed; however, hunters will be allowed to use portable blinds or blinds constructed of onsite dead vegetation or driftwood under the condition that they either be removed or disassembled at the end of each day. Although dogs are prohibited on the Refuge, they are a vital part of the waterfowl hunting tradition and can reduce the loss of waterfowl to the hunter’s bag and hence prevent waste and reduce the overall impact to the resource. Because of their role, both as part of the waterfowl hunting tradition and their contribution to increasing the likelihood of retrieval of birds that have been shot, properly trained dogs used in the act of hunting will be allowed on Nestucca Bay NWR per Service Policy in 50 CFR 32.26.21. Hunters must comply with all State and Federal regulations regarding waterfowl hunting including provisions outlined in the Code of Federal Regulation 50 CFR 32.2, which states: • Each person shall secure and possess the required State license and waterfowl validation. • Each person 16 years of age and older shall secure and possess a Federal Migratory Bird Hunting Stamp while hunting migratory waterfowl. • Each person shall comply with the terms and conditions authorizing access or use of wildlife refuges. • The distribution of bait and the hunting over bait is prohibited on wildlife refuges. • The use or possession of alcoholic beverages while hunting is prohibited. 2 • Hunters may possess only approved nontoxic shot while in the field or on certain other areas of the National Wildlife Refuge System. Availability of Resources The following funding/annual costs will be required to administer and manage waterfowl hunting activities as described above: Costs to Administer Waterfowl Hunting at Nestucca Bay NWR under the CCP’s Management Direction Activity or Project One-time Expense Recurring Expense Develop hunt opening package $10,000 Improve parking area along $2,000 $500 Brooten road for walk-in access Law Enforcement patrols $2,000 Brochures, signs, posters $500 Maintenance $2,000 Staff $2,000 Anticipated Impacts of the Use(s): The Service is committed to providing quality opportunities for wildlife-oriented recreation at Nestucca Bay NWR. As part of the Service mission and refuge goals for Nestucca Bay NWR all six of the Refuge System’s priority wildlife-dependent uses will be offered including hunting, fishing, wildlife observation and photography, environmental education and interpretation. Offering hunting will help fulfill refuge purposes and goals and does not conflict with the mission of the Refuge System. Harvest of Waterfowl: Hunting, by its nature, results in the intentional take of individual animals, as well as wounding and disturbance (DeLong 2002). Indirect impacts such as displacement of animals by hunters or disturbance from gunfire also occurs in and adjacent to, areas opened for hunting. It can also alter behavior (e.g., foraging time), population structure (young birds are generally more susceptible), and distribution patterns of wildlife (Owens 1977, Raveling 1979, White-Robinson 1982, Thomas 1983, Bartlett 1987, Madsen 1985, Cole and Knight 1990). Prolonged and extensive disturbances may cause large numbers of waterfowl to leave disturbed areas and migrate elsewhere (Madsen 1985). The harvest of ducks, coots and geese will be allowed at Brooten Marsh and the Mouth of the Little Nestucca River seven days per week during the waterfowl hunting season as established by the Oregon Department of Fish and Wildlife. The Refuge will maintain a sanctuary area at the Little Nestucca Restoration Area where hunting does not occur and birds can feed and rest relatively undisturbed. In addition, all refuge lowland pastures will remain closed to all hunting, providing the birds with additional sanctuary. The Service conducts annual surveys that are used to estimate waterfowl hunting activity, success, and harvest by species. Results are used by the Service and State wildlife agencies, in part, to 3 establish season lengths and bag limits designed to maintain healthy, sustainable waterfowl populations. During the 2015-2016 hunting season, waterfowl hunters in Oregon harvested an estimated 315,700 ducks and 66,374 geese (ODFW. 2016). On state-owned tidelands of Nestucca Bay during 2010-2018, hunters harvested very few ducks and the numbers are considered to be below reportable levels (B. Reishus, ODFW, personal observation). Waterfowl harvest data are unavailable because only a small number of hunters pursue waterfowl in the Nestucca Bay area, and no hunters were surveyed in 2017-2018. At any given time, there are only one to two hunting parties in the bay because of space, and hunting quality is best at only a few spots (e.g., the mouth of the sloughs). Waterfowl hunters tend to self-limit their numbers. Most hunting occurs in October and November and tides influence hunting times. After sufficient rainfall in November the birds disperse further inland to freshwater seasonal wetlands or to adjacent flooded pastures and there is almost no hunting occurring in the bay. The most heavily harvested duck species in Oregon are mallard, American wigeon, and green- winged teal,(ODFW 2016).

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