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.

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.

• 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

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). In 2016, continental populations of American wigeon, green-wing teal, and mallard were all above their long-term averages (USFWS 2016c Hunters are permitted to harvest coots, but while this species is common on the Refuge, coots are not popular with hunters. Given the low harvest rates of these species relative to the State harvest, the refuge hunt program will not significantly contribute to the population changes of these waterfowl species and the Refuge will continue to conform to State bag limits for ducks, geese and coots.

Historic Mid-Winter Surveys have indicated waterfowl make use of the open bay, mud flats, and tidal marsh with heaviest use occurring from September through January and again during spring migration. Some of the more commonly found birds in the Nestucca estuary include common loon, double-crested cormorant, great blue heron, gulls, and western Canada geese. Common dabbling ducks include mallard, northern pintail, American wigeon, and green-winged teal and diving ducks include bufflehead, greater and lesser scaup, common goldeneye, red-breasted merganser, and surf scoter.

Midwinter Waterfowl Surveys were conducted during the first two weeks in January along the Oregon coast until 2009 when they were discontinued flyway wide. Observers count divers, dabblers, sea ducks, geese, swans, and American coots from a fixed-wing aircraft and an overall abundance is estimated (USFWS unpublished data). Data were compiled for all waterfowl observed at Nestucca Bay during the midwinter waterfowl surveys from 1986 to 2009 and are displayed in Figure B-1. The overall mean count was 1,534 individuals and the lowest count was 161 individual birds recorded in 1986 and the largest was 3,678 in 1995. These data are collected from a fixed-wing aircraft at 60-100 meters (197-328 feet) altitude and traveling 130-200 kilometers per hour (80-124 miles/hour), which limits ability to survey all areas and all habitats and count every individual present. However, general abundance and population trends can be inferred and obviously Nestucca Bay is an important use area for waterfowl. Waterfowl abundance is usually lower during the January mid-winter survey compared to fall months, when birds are concentrated on the bay prior to dispersing throughout the area due to field and seasonal wetland flooding (R. Lowe, personal observation). Given the low waterfowl harvest rates relative to the large wintering waterfowl population, the refuge hunt program will not significantly contribute to waterfowl population changes and the area should support a sustainable harvest. The refuge monitors waterfowl population numbers and habitat use throughout the Nestucca River watershed.

Figure B-1. Waterfowl abundance at Nestucca Bay, Oregon from 1986 to 2009 (USFWS unpublished data).

4000 3500 3000 2500 2000 1500 1000

Waterfowl Abundance Waterfowl 500 0

Year

Impacts to Non-Target Species: The refuge hunt program indirectly impacts species other than those targeted by hunters. The presence of hunters and dogs, sounds of gunfire, and the sight of hunters traveling to and from hunt areas can disturb other wildlife species like pied-billed grebe, great blue heron, bald eagle, great egrets, northern harrier, which forage in refuge wetlands and waterbodies. This disturbance, especially when repeated over a period of time, may result in some wildlife species altering food habits or moving to other areas. Hunting will occur outside of the breeding season for these species and hunt areas are located away from known eagle nests and heron roosts to limit disturbance to these sensitive areas. Accidental shootings of non-game birds are believed to be negligible. Hunters’ foot trails and temporary blinds in the tidal marsh could slightly alter wetland vegetation; however, impacts to refuge fish populations and other wildlife are expected to be negligible.

Impacts to Other Priority Public Uses: While hunting and wildlife observation and photography will be available to the public on Brooten Marsh during the same time of year, the direct impacts to refuge visitors engaged in the other priority public uses either via foot or boat during the hunting season (October through March) are expected to be minor. The hunt period occurs during the time of year when the activities of wildlife observation and photography receive the lowest amount of use by visitors due to rainy and windy weather. Another factor limiting participation in wildlife observation and photography is the difficulty involved in walking through Brooten Marsh due to the abundance of large woody debris and a lack of trails. The Service does not expect any impacts to occur to other priority public uses at the Mouth of the Little Nestucca River as this area will only be open to waterfowl hunting and will remain closed to all other public uses year-round.

Offering waterfowl hunting at Brooten Marsh and the Mouth of the Little Nestucca River is not expected to directly impact refuge visitors using other areas of Nestucca Bay NWR during the hunt season due to the distance of hunters from Cannery Hill and the Little Nestucca Restoration Area.

These distances are as follows: Mouth of Little Nestucca River hunt area to the Little Nestucca Restoration Area is 370 yards (340 meters); Brooten Marsh to the Little Nestucca Restoration Area is 2,400 yards (2,200 meters); Mouth of Little Nestucca River hunt area to Cannery Hill is 1,100 yards (1,000 meters); Brooten Marsh to Cannery Hill is 2,000 yards (1,800 meters). The Refuge will offer interpreter-led paddle trips along the Little Nestucca River but they will only be offered during the summer and thus will not overlap with the hunt period. Recreational non-motorized boating occurs alongside Brooten Marsh for the purpose of wildlife observation and photography but most of this activity occurs during the summer when weather is more predictable, thus reducing the likelihood of conflicts between hunters and people observing/photographing wildlife from boats.

To ensure safety and minimize conflict between hunters and people engaged in wildlife observation and photography, the Service will provide information about hunting boundaries and seasons to the general public and those utilizing other refuge programs. Information will be provided at the interpretive kiosks, on the refuge website, and in refuge offices. In addition, law enforcement patrols will be conducted on a regular basis to ensure compliance with State, Federal, and refuge regulations. The refuge law enforcement officer will also monitor and collect data on hunting activities in the field to ensure limited conflicts with other wildlife-dependent uses. If necessary, the program will be modified accordingly.

Other Impacts: No significant effects to roads, trails, or other refuge infrastructure from the hunting program are foreseen. Normal road, trail, and facility maintenance will continue. There will be a minor impact to some members of the refuge staff because of increased workload as they oversee the improvement of the parking area along Brooten Road, develop informational materials related to hunting and maintain the integrity of site for wildlife and people in perpetuity. Law enforcement patrols will also increase as will enforcement coordination with other enforcement entities. To facilitate hunting, hunters may set up temporary blinds; however, to ensure the structures do not interfere with habitat, they must be removed at the end of the hunt day.

Public Review and Comment:

Waterfowl hunting was discussed at two public meetings held in conjunction with the Comprehensive Conservation Plan (CCP) process. To initiate the CCP process, a Notice of Intent was published in the Federal Register on November 29, 2010 (Volume 75, Number 228). Written comments were solicited from the public about proposed wildlife-dependent recreational uses including waterfowl hunting. Two CCP planning updates were prepared to summarize the progress of the CCP and to discuss issues related the planning process. The Waterfowl Hunt Plan and compatibility determination were submitted for public review and comment as appendices to the Draft Comprehensive Conservation Plan and Environmental Assessment for Nestucca Bay NWR (USFWS 2012). Appendix K of the CCP (USFWS 2013) contains a summary of the comments and Service responses.

Stipulations Necessary to Ensure Compatibility:

The refuge hunting programs is designed to provide a safe, quality experience with reasonable harvest opportunities, while avoiding significant impacts to other users and non-target wildlife resources. The Refuge has developed the following stipulations to reduce impacts and promote safety:

• Ducks, Geese and coots may be taken in accordance with Oregon Department of Fish and Wildlife bag and possession limits. • Hunting is allowed on Brooten Marsh and at the Mouth of the Little Nestucca River seven days per week. • Access to the Refuge is allowed from one hour before sunrise to one hour after sunset. • Law enforcement patrols will be conducted on a regular basis to assure compliance with State, Federal, and refuge regulations. The refuge law enforcement officer will also monitor and collect data on hunting activities in the field to ensure limited conflicts with other wildlife-dependent public uses. If necessary, the program will be modified accordingly. • The Refuge will ensure safety and minimize conflict with other priority public uses by providing information about hunting boundaries and seasons to the general public and those utilizing other refuge programs. Information will be provided at interpretive kiosks, on the refuge website, and in refuge offices. • The Refuge will provide signs and brochures to promote appropriate use of refuge lands to minimize wildlife and habitat disturbance, including boating practices such as no-wake and slower speeds. These materials will clearly state pertinent refuge-specific regulations. • Hunters accessing Brooten Marsh via walk-in will be allowed to use the gravel pull-out along Brooten Road. Hunters accessing refuge lands via boat must secure/anchor boat and use established boat launch areas. • Camping, overnight use, and fires are prohibited. • Permanent blinds are not 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. • Dogs used for hunting will be allowed but they must be engaged in hunting activity and under the immediate control of a licensed hunter (see 50 CFR 26.21(b)). • The Service will implement a program to monitor waterfowl population numbers and habitat use and reserves the right to modify existing programs to accommodate existing or changing conditions. • Hunters must comply with all State and Federal regulations regarding waterfowl hunting including provisions outlined in 50 CFR 32.2 which states: o Each person shall secure and possess the required State license and waterfowl validation. o Each person 16 years of age and older shall secure and possess a Federal Migratory Bird Hunting Stamp while hunting migratory waterfowl. o Each person shall comply with the terms and conditions authorizing access or use of wildlife refuges. o The distribution of bait and the hunting over bait is prohibited on wildlife refuges. o The use or possession of alcoholic beverages while hunting is prohibited. o Only approved nontoxic shot is allowed on refuge lands to hunt waterfowl. Justification:

Hunting is a wildlife-dependent recreational use as defined in the National Wildlife Refuge System Improvement Act of 1997. More specifically, it is one of the six priority public uses of the National Wildlife Refuge System and is by definition an appropriate use on a national wildlife refuge, and if it is officially determined to be compatible, should be allowed. Refuge hunting programs are designed to provide high-quality, safe experiences, with a reasonable opportunity to harvest game species. By allowing this use on Nestucca Bay NWR, we will increase the visitors’ knowledge and appreciation

of fish and wildlife, which may lead to increased public stewardship of wildlife and their habitats on the Refuge. Increased public stewardship will support and complement the Service’s actions in achieving the refuge’s purposes and the mission of the National Wildlife Refuge System.

References:

Bartlett, G.A. 1987. Effects of disturbance and hunting on the behavior of Canada goose family groups in east central Wisconsin. Journal of Wildlife Management 51:517-522.

Cole, D.N. and R.L. Knight. 1990. Impacts of recreation on biodiversity in wilderness. Logan, UT: Utah State University.

DeLong, A. 2002. Managing visitor use and disturbance of waterbirds. A literature review of impacts and mitigation measures. Appendix L in: Stillwater National Wildlife Refuge Complex final environmental impact statement for the comprehensive conservation plan and boundary revision, volume 2. U.S. Department of the Interior, Fish and Wildlife Service, Region 1. Portland, OR. 114 pp.

Madsen, J. 1985. Impact of disturbance on field utilization of pink-footed geese in West Jutland, Denmark. Biological Conservation 33:53-63.

ODFW. 2016. 2016 Game Bird Hunting Statistics. Oregon Department of Fish & Wildlife, Game Bird Program.

Owens, N.W. 1977. Responses of wintering brant geese to human disturbance. Wildfowl 28:5-14.

Raftovich, R.V., K.A. Wilkins, S.S. Williams, H.L. Spriggs, and K.D. Richkus. 2011. Migratory bird hunting activity and harvest during the 2009 and 2010 hunting seasons. U.S. Fish and Wildlife Service. Laurel, MD. 68 pp.

Raveling, D.G. 1979. The annual cycle of body composition of Canada geese with special reference to control of reproduction. Auk 96:234-252.

Thomas, V.G. 1983. Spring migration: the prelude to goose reproduction and a review of its implication. Pages 73-81 in: H. Boyd, ed. Fourth Western Hemispheric Waterfowl and Waterbird Symposium. Canadian Wildlife Service. Ottawa, Canada.

USFWS (U.S. Fish and Wildlife Service). 2012. Nestucca Bay National Wildlife Refuge Draft Comprehensive Conservation Plan and Environmental Assessment.

USFWS (U.S. Fish and Wildlife Service). 2013. Nestucca Bay National Wildlife Refuge Comprehensive Conservation Plan.

USFWS (U.S. Fish and Wildlife Service). 2017. Waterfowl population status, 2017. U.S. Department of the Interior. Washington, D.C. 84 pp.

White-Robinson, R. 1982. Inland and saltmarsh feeding of wintering brant geese in Essex. Wildfowl 33:113-118.

Mandatory Re-Evaluation Date (provide month and year for “allowed” uses only):

2035___ Mandatory 15-year Re-evaluation date (for priority public uses) Mandatory 10-year Re-evaluation date (for all uses other than priority public uses)

Compliance for Refuge Use Decision: Categorical Exclusion without Environmental Action Statement Categorical Exclusion and Environmental Action Statement X____ Environmental Assessment and Finding of No Significant Impact

Nestucca Bay National Wildlife Refuge Compatibility Determination for Waterfowl Hunting

Use is compatible with stipulations.

Project Leader ______Approval: ______(Signature) (Date)

Concurren ce:

Regional Chief, National Wildlife Refuge ______System: ______(Signature) (Date)