U.S. Fish and Wildlife Service Missisquoi National Wildlife Refuge Hunting Plan April 2021 - DRAFT

Cranberry pool – Ken Sturm/USFWS

Appendix A – Compatibility Determination

Appendix B – Environmental Assessment

Appendix C – Intra-Service Section 7 Evaluation Estimated Lead Agency Total Costs Associated with Developing and Producing the EA (per ERM 10-12): L...___I$7,067 ____JI Missisquoi National Wildlife Refuge Hunting Plan

April 2021 DRAFT

U.S. Fish and Wildlife Service

Missisquoi National Wildlife Refuge 29 Tabor Rd. Swanton, VT 05488

Submitted By: Project Leader

______Signature Date

Concurrence: Refuge Supervisor

______Signature Date

Approved: Regional Chief National Wildlife Refuge System

______Signature Date

Table of Contents

I. Introduction ...... 1 II. Statement of Objectives ...... 3 III. Description of Hunting Program ...... 3 A. Areas to be Opened to Hunting ...... 3 B. Species to be Taken, Hunting Periods, Hunting Access ...... 4 C. Hunter Permit Requirements ...... 5 D. Consultation and Coordination with the State ...... 6 E. Law Enforcement ...... 6 F. Funding and Staffing Requirements ...... 6 IV. Conduct of the Hunting Program ...... 7 A. Hunter Permit Application, Selection, and/or Registration Procedures ...... 7 B. Refuge-Specific Hunting Regulations ...... 8 C. Relevant State Regulations ...... 9 D. Other Refuge Rules and Regulations for Hunting ...... 9 V. Public Engagement ...... 10 A. Outreach for Announcing and Publicizing the Hunting Program ...... 10 B. Anticipated Public Reaction to the Hunting Program ...... 10 C. How Hunters Will Be Informed of Relevant Rules and Regulations ...... 11 VI. Compatibility Determination ...... 11

List of Tables

1. Table 1. Funding and Staffing Requirements ...... 7

Appendices

Appendix A – Hunting Compatibility Determination ...... A-1 Appendix B – Environmental Assessment ...... B-1 Appendix C – Intra-Service Section 7 Analysis ...... C-1

I. Introduction

National wildlife refuges are guided by the mission and goals of the National Wildlife Refuge System (Refuge System), refuge-specific objectives and purposes, U.S. Fish and Wildlife Service (Service) policy, and laws and international treaties. Relevant guidance includes the Refuge System Administration Act of 1966 (NWRSAA), as amended by the 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 mission of the Refuge System, as outlined by the NWRSAA and amended by the National Wildlife Refuge System Improvement Act (16 U.S.C. 668dd et seq.), is 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 Refuge System;

• Ensure that the biological integrity, diversity, and environmental health of the Refuge System are maintained for the benefit of present and future generations of Americans;

• Ensure that the mission of the Refuge System 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 Refuge System are located;

• Assist in the maintenance of adequate water quantity and water quality to fulfill the mission of the Refuge System and the purposes of each refuge;

• Recognize compatible wildlife-dependent recreational uses as the priority general public uses of the Refuge System through which the American public can develop an appreciation for fish and wildlife;

• Ensure that opportunities are provided within the Refuge System for compatible wildlife- dependent recreational uses; and

• Monitor the status and trends of fish, wildlife, and plants in each refuge.

Missisquoi NWR Hunting Plan - DRAFT 1

Missisquoi National Wildlife Refuge (NWR, refuge) lies on the eastern shore of Lake Champlain, near the Canadian border in Franklin County, Vermont (Figure 1). Established in 1943 under the Migratory Bird Conservation Act “...for use as an inviolate sanctuary, or any other management purposes, for migratory birds,” the 6,760-acre refuge includes most of the Missisquoi River Delta, the largest wetland complex in the Lake Champlain Basin. As it flows through the refuge, the Missisquoi River passes through the largest and perhaps highest quality silver maple floodplain forest in the State. The river meanders through extensive natural and managed marshes of wild rice, buttonbush, and tussock sedge that host thousands of waterfowl during migration. Part of the river located in the refuge harbors rare freshwater mussels, turtles, and fish. The rivers delta is a critical link for migratory birds along the Atlantic Flyway. Refuge lands protect the Shad Island great blue heron rookery, the largest in Vermont. Other important refuge habitats include pitch pine woodland bog, patches of oak and northern hardwood forest, grasslands, alder thickets and other shrub lands. The refuge was designated a Ramsar “Wetland of International Importance” in 2013.

The separate 458-acre Eagle Point unit, located approximately 50 miles east of the refuge near Lake Memphremagog, will remain open to all seasons per State regulations for Wildlife Management Areas with the exception of dog training. This area was previously evaluated in a 2014 Environmental Assessment (EA) and Compatibility Determination (CD).

The refuge is currently open to white-tailed deer, rabbit, hare, gray squirrel, ruffed grouse and migratory bird hunting. The refuge has a longstanding Junior Waterfowl Training Program, which emphasizes mentored hunts to encourage youth waterfowl participation. This program has successfully recruited waterfowl hunters at Missisquoi for over 43 years and is proposed to continue under this hunt plan. Furthermore, we will retain and reactivate adult hunters who can share their experience with the juniors.

The Service proposes to expand opportunities for hunting at Missisquoi NWR to better align with State regulations. We propose the following changes to the existing hunting program:

• Upland game hunting will be opened for coyote, red fox, gray fox, skunk, raccoon, weasel, and opossum. Method of take and bag limits for these species will be in alignment with the State regulations. The refuge will limit coyote, skunk, weasel, and opossum hunting to the State’s rabbit and hare season, the current upland game season on the refuge.

• The refuge will adopt changes to the State’s deer hunting regulations aimed at increasing recruitment of new hunters, including the addition of a “novice” hunt day. This day coincides with the State’s Youth Weekend each year. The refuge will also be open to the 4 day antlerless muzzleloader season in late October.

• Hunting for woodcock and snipe will be opened on Stephen J. Young Marsh in the Tabor Road/Maquam Swamp and Bog unit of the refuge in accordance with State regulations and seasons.

Missisquoi NWR Hunting Plan - DRAFT 2

II. Statement of Objectives

The objectives for the hunting program at Missisquoi NWR are to provide the public with high quality wildlife-dependent recreational opportunities that align with refuge purposes and management objectives. The Service has long recognized that hunting is an integral part of a comprehensive wildlife management program and that positive benefits can be attributed to a well-managed hunt. As such, hunting is considered one of the six priority public uses of the refuge system. Hunting is recognized as an acceptable, traditional form of wildlife-dependent recreation that can be and is sometimes used as a tool to effectively manage wildlife population levels.

Hunting is consistent with the refuge’s 2007 Comprehensive Conservation Plan (CCP)’s larger goal to “increase appreciation and stewardship of the Missisquoi River Delta and the Lake Champlain Basin by providing compatible, positive, wildlife-dependent recreation including wildlife observation and photography, hunting, and fishing.” This goal includes a specific objective (Goal 4, Objective 4.2) to provide safe and high quality big game, small game, and waterfowl hunting opportunities for the public.

III. Description of Hunting Program

A. Areas Open to Hunting

Big Game Hunting Big game hunting for white-tailed deer will be available on the following units: Tabor Road and Maquam Swamp and Bog, Maquam Swamp Area, Maquam Shore Area, Long Marsh Channel, Long Marsh and Metcalfe Island, Long Marsh Junior Waterfowl Area, Delta Lakeshore Area East, Delta Lakeshore Area West, and the Saxes Pothole Creek and Shad Island Area.

Small/Upland Game Hunting Small/upland game hunting for squirrel, grouse, rabbit, hare, coyote, red fox, gray fox, skunk, raccoon, weasel, and opossum will be available on the following units: Tabor Road and Maquam Swamp and Bog, Maquam Shore Area, Maquam Swamp Area and the Saxes Pothole Creek and Shad Island Area.

Migratory Game Bird Hunting Migratory game bird hunting for duck, sea duck, dark geese, light geese, and coot will be available on the following units: Tabor Road and Maquam Swamp and Bog, Maquam Shore Area, Maquam Swamp Area, Long Marsh Channel, Long Marsh Bay Junior Waterfowl Area, Junior Waterfowl Area, Delta Lakeshore Area East, Delta Lakeshore Area West, and the Saxes Pothole Creek and Shad Island Area.

Woodcock and snipe hunting would be available on the following units: Maquam Swamp Area, Stephen J. Young Marsh, and Delta Lakeshore Area East. Woodcock hunting would also be available on the Delta Lakeshore Area West. All hunting units can be found at this site: https://www.fws.gov/refuges/hunting/map/?facility=Missisquoi+National+Wildlife+Refuge&me

Missisquoi NWR Hunting Plan - DRAFT 3 thod=zipcode&query=05488

Since Missisquoi NWR was established as an inviolate sanctuary for migratory birds under the Migratory Bird Conservation Act (16 U.S.C. 715-715d, 715e, 715f-715r). For lands acquired under that authority, the refuge may only allow hunting of migratory game birds on no more than 40 percent of the refuge, or portion, at any one time. Unless we find that taking of any such species in more than 40 percent of such area would be beneficial to the species (16 U.S.C. 668dd(d)(1)(A). Thus, many portions of the refuge do not allow hunting or other public uses as they could disturb migratory birds and therefore negatively affect the purpose for which the refuge was established. See map below for areas open and closed for public hunting.

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B. Species to be Taken, Hunting Periods, Hunting Access

Big Game White-tailed deer hunting will be open for hunting on designated units of the refuge in accordance with State of Vermont’s seasons and bag limits. Hunting will be permitted from 1

Missisquoi NWR Hunting Plan - DRAFT 4 1/2-hour before sunrise until 1 1/2-hour after sunset. Big game hunters may access the refuge from refuge’s trailhead parking lots on Route 78 and Tabor Road, including the Overlook Parking area. In addition, hunters can access areas from the Mac’s Bend Boat Launch parking lot, or by launching boats from either Mac’s Bend or Louie’s Landing boat ramps for the Delta East hunt area. All big game species permitted by the State would remain open on the Eagle Point Unit.

Small/Upland Game Small/upland game species, including squirrel, grouse, rabbit, hare, coyote, gray fox, red fox, skunk, raccoon, weasel, and opossum will be open for hunting on designated units of the refuge. Hunt dates will follow state regulations with the exception of coyote, skunk, weasel and opossum that is open from September 1 until the end of the State’s rabbit and hare season, the current season permitted on the refuge. The State’s rabbit and hare season can vary from year to year, and typically falls between the first and second weekend in March. Hunting will be permitted from one half hour before sunrise until one half hour after sunset.

Small/upland game hunters may access the refuge from refuge trailhead parking lots on Route 78 and Tabor Road including the Overlook Parking area on Tabor Road. In addition, hunters can access designated hunt areas by launching boats from either Mac’s Bend or Louie’s Landing boat ramps for the Delta East hunt area. All small/upland game species permitted by the State would remain open on the Eagle Point Unit.

Migratory Game Birds Migratory game bird species, including duck, sea duck, dark geese, light geese, coot, woodcock, and snipe would open for hunting on designated units of the refuge in accordance with State seasons. Hunting waterfowl in the controlled hunting sections will conform to refuge-specific regulations which include hours of the day and days of the week. Woodcock and snipe hunting would open on the Stephen J. Young Marsh unit in accordance with State regulations. Hunting will be permitted from 1 1/2-hour before sunrise until 1 1/2-hour after sunset. The refuge does not permit migratory bird hunting following the end of the regular fall light goose season, typically on December 31 each year.

Waterfowl hunters may access the refuge from Mac’s Bend Boat Launch parking area or by launching boats from Mac’s Bend or from Louie’s Landing Boat Ramps. For the Junior Waterfowl area, hunters may access the refuge from pull off areas along Route 78. Woodcock and snipe hunters may access areas from refuge trailhead parking lots on Route 78 and Tabor Road. Woodcock and snipe hunters may also launch boats from Mac’s Bend or Louie’s Landing to hunt in the Delta Lakeshore East and West hunt areas. All migratory bird species permitted by the State would remain open on the Eagle Point Unit.

C. Hunter Permit Requirements

Waterfowl hunters interested in the controlled waterfowl lottery hunt program will be required to fill out FWS Form 3-2439 to apply for blind sites during the first 2 weeks of the regular season. Hunters successfully drawn for lottery blind sites are required to have their permit with them during their hunt, which designates their blind location and day of hunt. After the controlled

Missisquoi NWR Hunting Plan - DRAFT 5 lottery hunt all sites are open first come, first served.

Big and upland game hunters are required to have a signed big/upland game brochure on them, which is available at the refuge visitor’s center or by mail for $10. During the youth and novice deer season, hunters may hunt at no charge but must sign and carry a brochure with them while hunting on the refuge.

D. Consultation and Coordination with the State

The refuge reviewed the State of Vermont’s seasons and species for inclusion in the refuge hunt program. We coordinated our efforts with the state beginning with a meeting on April 2, 2020, to discuss the additions to the refuge hunt program. We coordinated with the State Colonel in regards to law enforcement and regulation consistency. We have had several follow-up calls to coordinate with the State during the development of this plan, and have continued to consult and coordinate on specific aspects of the Hunting Plan. The State is in agreement with the refuge’s Hunting Plan, as it will help meet State objectives.

E. Law Enforcement

The enforcement of violations normally associated with the management of a national wildlife refuge is the responsibility of commissioned Federal Wildlife Officers (FWOs). Other officers, Special Agents, State Conservation Officers, and local police officers often assist Missisquoi NWR in the enforcement of its laws and regulations. The following methods will be used to control and enforce hunting regulations:

• Refuge area boundaries and “no hunting” zones will be clearly posted;

• The refuge will provide a brochure that shows hunt areas;

• Law enforcement officers will randomly check hunters for compliance with Federal and State Laws, as well as refuge-specific regulations pertinent to hunting; and

• Information will be made available at the Missisquoi NWR visitor center and website.

F. Funding and Staffing Requirements

Annual hunt administration costs for Missisquoi NWR total approximately $17,700. Missisquoi NWR funds are used to conduct hunts for big game, small/upland game, and migratory bird seasons. This includes staff time for planning and annual program preparation, outreach and public relations, permit administration, enforcement, posting, roads, and parking lot maintenance. Other operating costs include signs, leaflets, equipment, and vehicle fuel and maintenance. Funding for the hunt programs are not specifically allocated, but will be taken from station base funds on an annual basis. It is anticipated that funding would continue to be sufficient to continue the hunting program at Missisquoi NWR in the future.

Table 1. Funding and Staffing Requirements

Missisquoi NWR Hunting Plan - DRAFT 6 Identifier Cost Staff (Maintenance Workers, Biologist, and Refuge Managers) Hunt $10,700 Maintain roads, parking lots, trails* $2,500 News releases, fact sheets, reports for Hunt Program $500 Maintain hunting signs $500 Law Enforcement** $3,500 Total Annual Cost $17,700 *Refuge trails and roads are maintained for a variety of activities. Costs shown are a percentage of total costs for trail/road maintenance on the refuge and are reflective of the percentage of trail/road use for hunting and fishing. Approximately $2,200 is generated annually from permit fees. Volunteers account for some maintenance hours and help to reduce overall cost of the program.

**Detailed Federal Wildlife Officers since the Complex does not have a Law Enforcement Officer.

IV. Conduct of the Hunting Program

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

Big Game and Small/Upland Game All persons hunting big or upland game on the refuge must first hold a valid State hunting license and must then sign a refuge big and upland game brochure. We issue the refuge brochure each year for January 1 through December 31 for a $10 annual fee.

During the Youth and Novice Deer Hunting Weekend, youth hunters (17 years and younger) and novice hunters may hunt at no charge, but must obtain and sign a big and upland game brochure before hunting. Novice hunters will be required to have a mentor, similar to youth, during the Novice Season.

All hunters are required to submit an annual report of the results of their hunt on the refuge by December 31 by completing the report portion of their permit. Failure to do so will result in denial of a permit for the following year.

Migratory Birds All persons hunting migratory birds on the refuge must hold a valid Federal Migratory Bird Conservation Stamp, Vermont State Duck Stamp and a Vermont State Hunting License. Hunters must also be registered for the Harvest Information Program (HIP). The Federal Migratory Bird Conservation Stamp and Vermont State Duck Stamp are not required to hunt woodcock.

During the youth waterfowl hunting weekend, youth hunters (17 years and younger) may hunt at no charge, but must sign in at Mac’s Bend before hunting in controlled hunting areas. All youth hunters must return a completed harvest report to the drop box at Mac’s Bend.

Hunters interested in the controlled waterfowl lottery hunt program would be required to fill out FWS Form 3-2439 to apply for blind sites during the first 2 weeks of the regular season. We

Missisquoi NWR Hunting Plan - DRAFT 7 issue successful lottery winners a non-transferable blind site assignment for a specific date and blind site for a $10 fee. Lottery winners would be notified by mail with an official letter including their blind site day and location. Hunters successfully drawn for lottery blind sites are required to have their permit with them during their hunt. After the controlled lottery hunt blind sites are available daily on a first come, first served basis. There is no charge for permits issued on the day of the hunt.

Junior Waterfowl Hunting Area This controlled hunting area encompasses Long Marsh Bay, Patrick Marsh, and the portion of Charcoal Creek south of Vermont Route 78. Eleven blind sites are established for use by junior waterfowl hunters; blind sites 4–8 in Long Marsh Bay, blind sites C–F in Charcoal Creek, and blind sites A–B in Patrick Marsh.

Junior waterfowl hunters (ages 12 to 17 at the time of the hunt), apply for blind site assignments in a lottery drawing after they successfully complete the Junior Waterfowl Training Program with an adult mentor. The program is held annually in August. The 11 blind sites are available exclusively for these junior waterfowl hunters during the first four Saturdays and Sundays of the duck season (starting on Youth Weekend). Mentors must accompany junior hunters and are permitted to hunt alongside them for the last two weekends of the junior season. Following the junior waterfowl season these blind sites open to the public on a first come, first served basis. Sign-in is required at Mac’s Bend kiosk prior to hunting.

Information on the refuge hunt program including general brochures and maps can be downloaded from the Missisquoi NWR website: https://www.fws.gov/refuge/missisquoi/.

B. Refuge-Specific Hunting Regulations

To ensure compatibility with refuge purposes and the mission of the Refuge System, hunting on Missisquoi NWR must be conducted in accordance with State and Federal regulations, as supplemented by refuge-specific regulations (50 CFR 32.64), and information sheets/brochures. Stipulations are detailed in the Compatibility Determination (Appendix A). In summary, the following hunting procedures apply at Missisquoi NWR:

• Hunting will be conducted during daylight hours and will not be permitted from the Second Sunday in March until September 1.

• Only shotguns, muzzleloaders, or archery equipment may be used on open areas east and north of Vermont Route 78, east of the Missisquoi River, or on Shad Island for upland game hunting.

• Hunters may not enter closed areas of the refuge for any reason, except for the recovery of legally harvested animals and may not carry a weapon.

• At the end of each day’s hunt, all waterfowl hunters are required to complete a bag report.

Missisquoi NWR Hunting Plan - DRAFT 8 • Unarmed hunters may scout in designated hunting areas before a particular season opens. Scouting is not permitted from second Sunday in March to August 30. A hunting permit is not required for scouting.

• Dogs are required for hunting waterfowl in the following areas: Maquam Swamp Area, Long Marsh Channel/Metcalfe Island, and Saxes Pothole/Creek and Shad Island Pothole. All other dogs and pets must be confined or on a leash.

• Junior waterfowl areas are hunted on Saturdays, Sundays and Wednesdays and shooting ends at 11 a.m. Long Marsh and Metcalfe Island waterfowl areas are hunted on Tuesdays, Thursdays and Saturdays and shooting ends at 11 a.m.

• Blind-staking and unattended decoys are prohibited.

• Permanent blinds and tree stands are prohibited.

• In the controlled waterfowl hunting areas, hunters must hunt within 100 feet of a numbered stake corresponding to their assigned site.

• To protect waterfowl and other migratory birds from potential lead poisoning, non-toxic shot is required for the shotgun hunting of all species except deer. The refuge does strongly encourage big game hunters to use non-toxic shot while hunting on the refuge.

• Hunters must remove all harvested animals from the refuge.

C. Relevant State Regulations

The refuge conducts its hunting program within the framework of State and Federal regulations. Hunting at the refuge is at least as restrictive as the State of Vermont and, in some cases, more restrictive. Additionally, the refuge coordinates with the State as needed to maintain regulations and programs that are consistent with the State’s management programs. Relevant refuge- specific regulations are annually listed in 50 CFR 32.64, and summarized above in Section IV, subsection B.

D. Other Refuge Rules and Regulations for Hunting

The refuge maintains other refuge-specific procedures for hunting which are discussed in the migratory bird and big and small/upland game brochures. Hunters obtain and read these brochures prior to hunting at the refuge. Additional procedures or regulations pertaining to hunting on the refuge include:

• Spotlighting or using artificial light to locate wildlife is prohibited.

• Shooting for target practice is prohibited.

Missisquoi NWR Hunting Plan - DRAFT 9 • Driving or screwing a nail, spike, or other metal object into a tree or hunting from any tree into which such an object has been driven is prohibited.

• Taking wildlife or plants, including cutting trees or brush, other than as specified in 10 V.S.A. App. § 15 is prohibited.

• Searching for or removing any object of antiquity, including arrowheads, pottery, or other artifacts is prohibited.

• Using motorized vehicles in hunting areas, except for access by mobility impaired hunters as permitted is prohibited.

V. Public Engagement

A. Outreach for Announcing and Publicizing the Hunting Program

The refuge maintains a mailing list for news release purposes, which includes local newspapers, radio, and websites. Special announcements and articles may be released in conjunction with hunting seasons. In addition, information about the hunt will be available at Missisquoi NWR visitor center and/or on the Missisquoi NWR website. The refuge will also address public comments received during a 30-day comment period, and consider them for incorporation into the final Hunting Plan and Compatibility Determination.

B. Anticipated Public Reaction to the Hunting Program

The outline of our hunt program was discussed in the refuge’s 2007 CCP and public comments were addressed at that time. Because the refuge has been open to hunting since it was established, and hunting had occurred in the area for many years before the creation of the refuge, we do not expect a significant negative public reaction.

Recent public reaction to coyote hunting in Vermont may be a source of concern. In 2018, the Vermont Legislature enacted H. 636 prohibiting coyote hunting contests. While this may assuage some of the issue of coyote hunting that occurs year-round in Vermont, it can remain an important issue to many.

Increasing hunting for species which generally are not utilized for food or fur can be objectionable to the non-hunting public. The hunting of opossum, skunk and weasel, for example, may be viewed by some as troublesome. These species have not been hunted on the refuge and opening them for harvest may trigger questions as to the necessity and interest of the hunting community to have this opportunity at Missisquoi NWR. The refuge will only be hunting these species during the current upland/big game season rather than the State’s year round season, which may help reduce potential controversy.

There are some in the hunting community who feel that hunter density on the refuge is too high. These individuals may not welcome the increased opportunities for fear of attracting even more hunters to refuge lands. The refuge is committed to offering a quality hunting experience and can

Missisquoi NWR Hunting Plan - DRAFT 10 work with hunters to find ways to reduce crowding and other issues that could impact the hunting experience or safety issues.

Increasing opportunities during the existing big and small game/upland game seasons will likely be welcomed by the hunting community. Bringing the refuge into closer alignment with the State will allow more opportunities for hunters, including novice hunters, and possibly provide a greater incentive to hunt the refuge.

The continuation of the Junior Waterfowl Program is widely supported by hunters and the general public. This program effectively recruits young hunters and has assisted with hunter retention, and in some cases reactivation, as waterfowl hunters become involved with the youth program. The inclusion and support of the State’s new Novice Deer Season should also be supported by the hunting community and is a way to recruit new novice hunters on the refuge.

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

General hunting information, fact sheets, maps, application forms, and other information regarding hunting and other wildlife-dependent public uses can be obtained in person or by mail at Missisquoi NWR headquarters at:

Address: 29 Tabor Rd., Swanton, VT 05488 Email: [email protected] Phone: (802) 868-4781 Refuge web site: https://www.fws.gov/refuge/missisquoi/.

VI. Compatibility Determination

Hunting and all associated program activities proposed in this plan are compatible with the purposes of the refuge. See attached Compatibility Determination (Appendix A).

Missisquoi NWR Hunting Plan - DRAFT 11 Figure 1: Missisquoi National Wildlife Refuge

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Missisquoi NWR Hunting Plan - DRAFT 12 Appendix A

COMPATIBILITY DETERMINATION

USE: Hunting

REFUGE NAME: Missisquoi National Wildlife Refuge

DATE ESTABLISHED: February 4, 1943

ESTABLISHING and ACQUISITION AUTHORITY:

Migratory Bird Conservation Act of 1934 (16 U.S.C. 715d)

REFUGE PURPOSE:

Missisquoi National Wildlife Refuge (NWR, refuge) was established “… for use as an inviolate sanctuary, or for any other management purpose, for migratory birds.” Migratory Bird Conservation Act 16 U.S.C. 715-715d, 715d, 715f – 715r.

NATIONAL WILDLIFE REFUGE SYSTEM MISSION:.

The mission of the National Wildlife Refuge System (Refuge System) “… is 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” – Refuge System Improvement Act of 1997 (Public Law 105-57, 111 Stat 1252).

DESCRIPTION OF USE:

(a) What is the use? Is the use a priority public use? The use is public hunting on Missisquoi NWR. Hunting was identified as one of six priority public uses of the Refuge System by the Refuge System Administration Act of 1966, as amended by the Refuge System Improvement Act of 1997 (Public Law 105-57), when found to be compatible.

(b) Where would the use be conducted? The use would be conducted on 3,671 acres on the following hunt units at Missisquoi NWR: Tabor Road and Maquam Swamp and Bog, Maquam Shore Area, Maquam Swamp Area, Junior Waterfowl Area, Saxes Pothole Creek and Shad Island Area, Delta Lakeshore Area East, Delta Lakeshore Area West, and Long Marsh and Metcalfe Island, Long Marsh Channel, and Long Marsh Bay Junior Waterfowl Area (refer to map). The separate 458-acre Eagle Point unit, located approximately 50 miles east of the refuge, will remain open to all species per State regulations for Wildlife Management Areas. This area was previously evaluated in a 2014 Environmental Assessment (EA) and Compatibility Determination (CD).

Appendix A – Hunting Compatibility Determination A-1

(c) When would the use be conducted? For upland and big game, the use would start in September (squirrel season) and end in early March (rabbit/hare season). For waterfowl, the refuge follows State of Vermont’s seasons established for hunting migratory waterfowl, but ends in December. The refuge does not permit the spring light goose season. The following seasons would apply:

Vermont (Typical) Hunting Seasons and Dates Applicable to the Missisquoi NWR *Note: actual start and end dates vary slightly by year Species to Be Hunted Approximate Hunt Dates Archery: October 1 – December 15 except during regular Nov. Season; Muzzleloader: 4th Saturday in October – November 1 and December 5 – 15; White-tailed Deer Rifle: November 14 – 29 Youth and Novice Weekend – last weekend in October Rabbit and Hare 2nd Sat. in September – 2nd weekend in March Gray Squirrel September 1 – December 31 Raccoon 2nd Sat. in October – December 31 Red and Gray Fox 3rd Sat. in October – 2nd Sun. in February Coyote, Skunk, Weasel, and Opossum September 1 – 2nd Sunday in March Ruffed Grouse September 26 – December 31 American Woodcock and Common Snipe October 1 – November 14 Light Geese October 1 – December 31 Sept. 1 – Sept. 25 Dark Geese October 10 – November 8 Seaduck October 10 – December 8 Duck October 10 – December 8 Coot October 10 – December 8 **Waterfowl seasons can vary based on State and Federal regulations

(d) How would the use be conducted? We would continue to conduct the hunting program according to State and Federal regulations. Federal regulations in 50 CFR pertaining to the Refuge System, as well as refuge-specific regulations would apply. However, the project leader may, upon annual review of the hunting program, take the necessary steps to impose further restrictions, recommend that the refuge be closed to hunting, or further liberalize hunting regulations up to the limits of State regulations. The refuge would restrict hunting if it becomes incompatible with other priority public uses or endangers refuge resources or public safety. To ensure compatibility with refuge purposes and the mission of the Refuge System, hunting must be conducted in accordance with State and Federal regulations, as supplemented by refuge-specific regulations in 50 CFR 32, and information sheets/brochures. Stipulations are detailed later in this Compatibility Determination.

Waterfowl hunters interested in the controlled waterfowl lottery hunt program will be required to fill out FWS Form 3-2439 to apply for blind sites during the first 2 weeks of the regular season.

Appendix A – Hunting Compatibility Determination A-2 Hunters successfully drawn for lottery blind sites are required to have their permit with them during their hunt, which designates their blind location and day of hunt. After the controlled lottery ($10) hunt, all sites are open on a first-come, first-served basis.

Big and small/upland game hunters are required to have a signed big and upland game brochure available for $10 at the refuge visitor’s center or by mail. During the Youth and Novice Deer Season, hunters may hunt at no charge but must sign a brochure prior to the hunt.

(e) Why is the use being proposed? Hunting is one of the priority public uses outlined in the Refuge Improvement Act. The Service supports and encourages priority uses when they are compatible on national wildlife refuge lands. Hunting provides connection to wildlife and conservation in a unique way. Hunting is a traditional activity, and recreational use of renewable natural resources that is deeply rooted in America’s heritage.

This use will further align the refuge with the Department of the Interior’s Secretarial Order 3356, which directs the Service to enhance and expand public access to lands and waters on national wildlife refuges for hunting, fishing, recreational shooting, and other forms of outdoor recreation. Hunting will promote the stewardship of our natural resources and increase the public’s appreciation and support for the refuge. Hunting was also identified as an area of interest for the refuge in its 2007 Comprehensive Conservation Plan (CCP), (https://www.fws.gov/refuge/Missisquoi/what_we_do/finalccp.html):

AVAILABILITY OF RESOURCES:

Annual hunt administration costs for Missisquoi NWR will total approximately $17,700. Missisquoi NWR funds are used to conduct hunts for migratory bird, big and upland game seasons. This includes staff time for planning and annual program preparation, outreach and public relations, permit administration, enforcement, posting, roads and parking lot maintenance. Other operating costs include signs, leaflets, equipment and vehicle fuel and maintenance. Funding for the hunt program is not specifically allocated but will be taken from station base funds on an annual basis. In the past, approximately $2,200 is generated annually from permit fees. It is anticipated that overall base funding for the refuge will continue to be sufficient to support the hunting program at Missisquoi NWR in the future.

Table 1. Funding and Staffing Requirements

Identifier Cost

Appendix A – Hunting Compatibility Determination A-3 Staff (Maintenance Workers, Biologist, and Refuge Managers) Hunt Program $10,700 Maintain roads, parking lots, trails* $2,500 News releases, fact sheets, reports for Hunt Program $500 Maintain hunting signs $500 Law Enforcement** $3,500 Total Annual Cost $17,700

*Refuge trails and roads are maintained for a variety of activities. Costs shown are a percentage of total costs for trail/road maintenance on the refuge and are reflective of the percentage of trail/road use for hunting and fishing. Volunteers account for some maintenance hours and help to reduce overall cost of the program. **Detailed Federal Wildlife Officers since the Complex does not have a Law Enforcement Officer.

ANTICIPATED IMPACTS OF THE USE:

The overall impacts of this use are fully reviewed and discussed in the Missisquoi NWR Hunting Environmental Assessment (Appendix B).

Hunting has occurred on some refuge lands for many years with no discernible adverse impacts to resources, or significant conflicts with other priority public uses. Hunting provides compatible wildlife-dependent recreational opportunities that can foster a better appreciation and more complete understanding of wildlife and habitat, which can translate into stronger support for wildlife conservation, the refuge, the Refuge System, and the Service.

Migratory birds Migratory birds are managed on a flyway basis and hunting regulations are established in each State based on flyway data. Federal and State regulations would apply in the refuge waterfowl hunt. Hunting waterfowl on the refuge would reduce the total numbers of birds in the flyway, but harvest would be within allowable limits as determined by the Service annually. Hunting waterfowl on the refuge would make the birds more skittish and prone to disturbance, reduce the amount of time they spend foraging and resting, and alter their habitat usage patterns (Raveling 1979, Owen 1973, White-Robinson 1982, Madsen 1985, Bartelt 1987). Injury and mortality are also anticipated effects of the hunting program. Disturbance to non-target birds and resident wildlife would likely occur from hunting and associated hunter activity, but would be short-term and temporary.

The refuge mitigates these effects by carefully managing waterfowl hunting through controlled waterfowl blind sites and areas. This reduces the days and duration of disturbance to each hunted wetland unit. In addition, 60 percent of the refuge is closed to hunting as required by the Migratory Bird Conservation Act which allows areas for waterfowl to rest and forage during migration without disturbance. Overall, the effects on migratory birds are expected to be minor.

Big and upland game Big and small/upland game hunting is managed on a statewide basis in accordance with approved State management plans. The State is segmented into 24 Wildlife Management Units (WMUs) and population management objectives are set by WMUs. Hunting on this unit of the

Appendix A – Hunting Compatibility Determination A-4 refuge poses no danger of undesirably reducing the big and small/upland game populations in the WMU. There is potential for conflicts between big game hunters and non-hunters at Missisquoi NWR. However, big and small/upland game hunting in Vermont are well-established and anticipated annual events and most non-hunting visitors recognize that and adjust their visits accordingly when hunting is in progress. Missisquoi NWR has provided these hunting opportunities for many years and visitors have come to expect hunting activity on refuge lands.

The refuge maintains areas closed to hunting for wildlife observation and other priority public uses (Black Creek/Maquam Creek trail) and a safety zone around the Visitor’s Center. This provides non-hunters opportunities to participate in other priority public uses during the hunting season without conflict. Trailheads are marked with caution signs during most of the hunting season, and are closed each year for the 16-day deer rifle season.

Other wildlife and non-target species Hunting additional species in the Tabor Road/Maquam Swamp and Bog areas of the refuge will likely affect other refuge wildlife to some degree. More hunters, spending more time in the area, will likely cause additional disruptions and disturbances to wildlife as hunters walk, fire shots, pilot boats and/or use hunting dogs. Disturbances to non-game bird species are expected to be minimal, since migrating and breeding activities occur from April to August, when there is no hunting on the refuge. Short-term disruptions to other species like, bats, turtles, frogs, and some mammals are expected to be minor, due to periods of inactivity or hibernation. Hunting could result in a temporary reduction of foxes, raccoon, coyote, skunk, weasel, and opossum numbers, and lessen their impacts (spring nest predation, resource competition, and direct consumption) on other refuge wildlife (Fletcher et al 2010, Pieron, M.R. et al 2012). The expanded hunting program is expected to increase impacts to refuge wildlife overall, but only minor impacts are anticipated.

Habitat and Vegetation Missisquoi NWR natural communities and vegetation are thoroughly described in the Missisquoi NWR CCP (2007), Clews (2002), and Thompson et al. (2019). Wetlands make up the majority (i.e., more than 87 percent) of refuge habitats, and include silver maple-sensitive fern floodplain forest, wild rice marsh, buttonbush swamp, red maple-green ash swamp, deep broadleaf marsh, bulrush marsh, and bog.

The physical effects on refuge wetland and upland vegetation are expected to be minimal during the majority of the hunting season (September to mid-March). The physical impacts of hunters and hunting dogs trampling refuge vegetation and soils is expected to be small since most vegetation is senescing or dormant during this time, and hunters are dispersed widely across the refuge. Hunter density is also controlled through the refuge permit requirements. Greater impacts may be observed at the beginning and end of the hunting season, as plants may not be fully dormant. No vehicles, other than boats for waterfowl hunting, are permitted on the refuge.

Opening the Tabor Road/Maquam Swamp and Bog area to red and gray fox, raccoon, coyote, skunk, weasel, opossum, woodcock, and snipe hunting will slightly increase the hunter density on this unit. There may also be additional white-tailed deer and ruffed grouse hunters on this unit as they may hunt the new species opportunistically. Only minor effects to vegetation from

Appendix A – Hunting Compatibility Determination A-5 trampling are expected, since tree cutting is not allowed, and plants are senescing or dormant during this timeframe. Soil compaction should be minimal since no vehicles (except boats for waterfowl hunting) are allowed, and the ground may be partially or wholly frozen.

Hunting could indirectly create a positive effect on vegetation through controlling the white- tailed deer population. The impacts of dense deer populations on forest regeneration and the composition and diversity of the herbaceous understory have been well-documented (Tierson et al. 1966, Behrend et al. 1970, Tilghman 1989, Cote et al. 2004, White 2012). Maintaining white- tailed deer hunting will help to maintain habitat in its current form, prevent habitat degradation due to over browsing, and promote successful natural regeneration and a more sustainable plant community. White-tailed deer populations are currently not overabundant on the refuge and maintaining the hunt program will help curtail potential impacts.

Threatened and Endangered Species Opening the refuge to additional hunting opportunities in the Tabor Road/Maquam Swamp and Bog areas of the refuge should not impact the Federally threatened Northern long-eared bat. No additional disturbance to Northern long-eared bats is expected, since roosting, feeding, and pup rearing activities occur from April to August, outside of the refuge hunting seasons (September to mid-March). Hunters are not permitted to remove trees or snags from refuge forests, further reducing the risk of disruption or displacement of Northern long-eared bats. Hunting additional species in the Tabor Road/Maquam Swamp and Bog area may result in more hunters and dogs traversing the habitat, but no adverse impacts to Northern long-eared bats are expected.

Visitor Uses and Experiences Missisquoi NWR is open to all six of the priority public uses that are outlined in the Refuge System Improvement Act of 1997 which include: hunting, fishing, wildlife photography, wildlife observation, environmental education, and interpretation. Based on the 2017 Banking on Nature Report, less than 1 percent of refuge visits were for hunting, 31 percent of refuge visits were for fishing, and 69 percent of refuge visits were for non-consumptive uses (Banking on Nature 2017).

The number of hunters and the amount of time spent hunting is expected to slightly increase due to expanded refuge hunting opportunities in the Tabor Road/Maquam Swamp and Bog areas of the refuge, with an estimated 20 additional hunters in the area. Novice deer hunters and their mentors may increase hunting pressure during the Youth Weekend deer hunt in Long Marsh/Metcalfe Island, but the only anticipated conflicts will likely be from other hunters. Increased hunter presence and use, during the regular refuge hunting timeframe (September to mid-March) is not expected to significantly increase the number of conflicts among user groups. Most hunter-to-hunter conflicts are expected to be minor and can be managed by refuge staff and law enforcement. Conflicts that arise with other user groups are expected to be minor, and may be managed through outreach, trail closures, and signage. If conflicts do arise, mitigation efforts will be designed and implemented to lessen impacts to other wildlife-dependent user groups.

Other Impacts Because of the regulatory process for harvest management in place within the Service, hunting seasons have been set largely outside of the breeding seasons of resident and migratory wildlife. Individual refuge hunt programs have the ability to adopt refuge-specific hunting regulations to

Appendix A – Hunting Compatibility Determination A-6 changing local conditions. The refuge hunt program is designed to be sustainable, given relatively stable conditions, particularly because of close coordination with VTFW. The proportion of the refuge’s harvest of these species is negligible when compared to local, regional, and statewide populations and harvest. With these factors, we anticipate no significant impacts from hunting on resident wildlife, migratory birds and non-hunted wildlife on the refuge.

PUBLIC REVIEW AND COMMENT:

This Compatibility Determination (CD) is part of the Missisquoi NWR Hunting opening package. The plan was coordinated with all interested and/or affected parties, including VTFW staff. The public will be notified of the availability of the Hunting Plan, EA, and CD with no less than a 30-day comment period. We will inform the public through local venues, the refuge website, and social media. DETERMINATION (CHECK ONE BELOW):

______Use is not compatible

___X__ Use is compatible, with the following stipulations

STIPULATIONS NECESSARY TO ENSURE COMPATIBILITY:

To ensure compatibility with the refuge’s purpose and the Refuge System mission, hunting can occur at Missisquoi NWR in accordance with State and Federal regulations, and special refuge- specific regulations (50 CFR 32.64) to ensure that wildlife and habitat management goals are achieved, and that the program is providing a safe, high-quality hunting experience for participants. This hunting program will be monitored and potentially modified or eliminated if any the program’s components are found not compatible. Adherence to the regulations for each of the hunting programs as detailed in the hunt plan and associated hunt specific brochures will ensure compatibility with the purpose for which the refuge was established. The following stipulations are necessary to ensure compatibility:

• Hunting will be conducted during daylight hours and will not be permitted from the Second Sunday in March until September 1.

• Only shotguns, muzzleloaders, or archery equipment may be used on open areas east and north of Vermont Route 78, east of the Missisquoi River, or on Shad Island for upland game hunting.

• Hunters may not enter closed areas of the refuge for any reason, except for the recovery of legally harvested animals and may not carry a weapon.

• Unarmed hunters may scout in designated hunting areas before a particular season opens. Scouting is not permitted from mid-March to August 30.

Appendix A – Hunting Compatibility Determination A-7 • Dogs are required for hunting waterfowl in the following areas: Maquam Swamp Area, Long Marsh Channel/Metcalfe Island, and Saxes Pothole/Creek and Shad Island Pothole. All other dogs and pets must be confined or on a leash.

• Blind-staking and unattended decoys are prohibited.

• In the controlled waterfowl hunting areas, hunters must hunt within 100 feet of a numbered stake corresponding to their assigned site.

• Hunters may use only approved non-toxic shot for the shotgun hunting of all small/upland game species, and all migratory game bird species.

JUSTIFICATION:

Missisquoi NWR is located in a rural area where hunting is an established, traditional activity. Some disturbance to the soils, vegetation and wildlife is expected in areas open to hunting, but impacts will be negligible to overall habitat and wildlife conservation. Since the areas are already open to hunting, we do not expect any significant impacts as a result of the added huntable species.

Hunting is a priority wildlife-dependent use for the Refuge System through which the public can develop an appreciation for fish and wildlife. In addition, the Department of the Interior Secretarial Order 3356, directs the Service to enhance and expand public access to lands and waters on national wildlife refuges. Service policy is to provide expanded opportunities for wildlife-dependent uses when compatible and consistent with sound fish and wildlife management and ensure that they receive enhanced attention during planning and management.

This activity will not conflict with any of the other priority public uses or adversely impact biological resources. Therefore, through this compatibility determination process, we have determined that hunting on the refuge, in accordance with the stipulations provided above, is a compatible use that will contribute to and not materially interfere with, or detract from, the fulfillment of the Refuge System mission or the purpose of the refuge.

SIGNATURE: Project Leader ______(Signature) (Date)

CONCURRENCE: Regional Chief ______(Signature) (Date)

Appendix A – Hunting Compatibility Determination A-8 MANDATORY 15 YEAR RE-EVALUATION DATE: ______(Date)

Appendix A – Hunting Compatibility Determination A-9 LITERATURE CITED:

Cote, S.D., Rooney, T.P., Tremblay, J-P., Dussault, C., and Waller, D.M. 2004. Ecological Impacts of Deer Overabundance. Annual Review of Ecology and Systematics 35:113- 147. https://doi.org/10.1146/annurev.ecolsys.35.021103.105725.

Behrend, D.F., G.F. Mattfeld, W.C. Tierson, and J.E. Wiley III. 1970. Deer density control for comprehensive forest management. Journal of Forestry. 68:695-700.

Fletcher, K., Aebischer, N.J., Baines, D., Foster, R. and Hoodless, A.N. 2010. Changes in Breeding Success and Abundance of Ground Nesting Moorland Birds in Relation to the Experimental Deployment of Legal Predator Control. Journal of Applied Ecology, 47: 263-272.

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

Owen, M. 1973. The management of grassland areas for wintering geese. Wildfowl, 24,123- 130. Raveling, D.G. 1979. Traditional use of migration and winter roost sites by Canada geese. Journal of Wildlife Management, 43, 229-235.

Pieron, M.R., Darr, M.J.K and Rowher, F.C. 2012. Duck Nest Success Adjacent to Predator Reduced Sites. Journal of Wildlife Management, 76(7): 1450-1455.

Raveling, D.G. 1979. Traditional use of migration and winter roost sites by canada geese. Journal of Wildlife Management, 43, 229-235.

White, M.A. 2012. Long-term effects of deer browsing: composition, structure and productivity in a northeastern Minnesota old-growth forest. Forest Ecology and Management. 269:222-228.

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

U.S. Fish and Wildlife Service. 1996. Refuge Manual: National Wildlife Refuge System. U.S. Fish and Wildlife Service. Washington DC.

Appendix A – Hunting Compatibility Determination A-10 Appendix B

Environmental Assessment for Hunting at Missisquoi National Wildlife Refuge

This Environmental Assessment (EA) is being prepared to evaluate the effects associated with this 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 laws and executive orders evaluated through this EA is included at the end of this document.

Proposed Action Missisquoi National Wildlife Refuge (NWR, refuge) lies on the eastern shore of Lake Champlain near the Canadian border in northwestern Vermont. The refuge currently spans more than 6,760 acres, with 90 percent of it being open water and wetlands. As the Missisquoi River flows through the refuge, it empties into the Missisquoi River Delta, the largest wetland complex in the Lake Champlain basin. There, extensive natural and managed marshes of wild rice, buttonbush, and tussock sedge host thousands of migratory waterfowl (black duck, wood duck) and other migrating and breeding (least bittern, American bittern, black tern) waterbirds. The refuge is also a critical link for migrating (rusty blackbird, bald eagle), and breeding (bobolink, Eastern meadowlark) land birds along the Atlantic Flyway. Other important refuge habitats include pitch pine woodland bog, grasslands, alder thickets and other shrub lands, patches of oak and northern hardwood forest. (USFWS 2007).

The separate 458-acre Eagle Point unit, located approximately 50 miles east of the refuge, will remain open to all species per State regulations for Wildlife Management Areas. This area was previously evaluated in a 2014 EA and Compatibility Determination (CD). No changes are proposed for this unit.

The Service is proposing to open or expand refuge hunting opportunities for woodcock and snipe, skunk, fox, weasel, coyote, raccoon, and opossum, and to provide a “Novice Hunt” for deer during the Youth Weekend for deer hunting at Missisquoi NWR. Hunting would be conducted in accordance with the State to better align with Vermont Fish and Wildlife Department (VTFW) programs and regulations. In summary, we propose the following updates for the 2021 Missisquoi NWR Hunting Plan:

• Species: Red and gray fox, raccoon, coyote, skunk, weasel, and opossum hunting would occur from September 1 to the second Sunday in March, when upland/small game (ruffed grouse, cottontail rabbit, snowshoe hare, gray squirrel) are hunted on the refuge.

• Hunting Areas: An area of 2,054 acres within the Tabor Road/Maquam Swamp and Bog would be opened for red and gray fox, raccoon, coyote, skunk, weasel, and opossum

Missisquoi NWR Environmental Assessment B-1 hunting for the first time. Additional hunting opportunities for woodcock and snipe would occur on the 87-acre Stephen J. Young Marsh Unit of the Tabor Road/Maquam Swamp and Bog areas of the refuge.

This proposed action is often iterative and evolves over time during the process as the Service refines its proposal and learns more from the public, Tribes, and other 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.

Background National wildlife refuges are guided by the mission and goals of the National Wildlife Refuge System (Refuge System), refuge-specific objectives and purposes, Service policy, and laws and international treaties. Relevant guidance includes the Refuge System Administration Act of 1966 (NWRSAA), as amended by the Refuge System Improvement Act of 1997, Refuge Recreation Act of 1962, and selected portions of the Code of Federal Regulations and Service Manual.

Missisquoi NWR was established in 1943 under the Migratory Bird Conservation Act “...for use as an inviolate sanctuary, or any other management purposes, for migratory birds.” Since then, the refuge has acquired lands under the provisions of the Migratory Bird Conservation Act, Migratory Bird Hunting and Stamp Act, and other authorities.

The mission of the Refuge System, as outlined by the NWRSAA, as amended by the National Wildlife Refuge System Improvement Act (16 U.S.C. 668dd et seq.), is:

“... 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 Refuge System to (16 U.S.C. 668dd(a)(4):

● Provide for the conservation of fish, wildlife, and plants, and their habitats within the Refuge System;

● Ensure that the biological integrity, diversity, and environmental health of the Refuge System are maintained for the benefit of present and future generations of Americans;

● Ensure that the mission of the Refuge System 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 Refuge System are located;

Missisquoi NWR Environmental Assessment B-2 ● Assist in the maintenance of adequate water quantity and water quality to fulfill the mission of the Refuge System and the purposes of each refuge;

● Recognize compatible wildlife-dependent recreational uses as the priority general public uses of the Refuge System through which the American public can develop an appreciation for fish and wildlife;

● Ensure that opportunities are provided within the Refuge System for compatible wildlife- dependent recreational uses; and

● Monitor the status and trends of fish, wildlife, and plants in each refuge.

The Missisquoi River delta is an important international resource for the people of the United States and Canada and contains the largest wetland complex in the Lake Champlain basin. The refuge hosts thousands of waterfowl during migration, harbors rare freshwater mussels, turtles, and fish, and is a critical link for migratory and breeding birds along the Atlantic Flyway.

Purpose and Need for the Proposed Action Hunting is identified as one of the priority public uses legislatively mandated by the Refuge System Administration Act of 1966, as amended by the Refuge System Improvement Act of 1997 (Public Law 105-57) and reinforced as a priority use by Department of the Interior Secretarial Order 3356 (September 15, 2017). The need for action revolves around hunting as a priority use and the requirement to allow hunting that is compatible with the purpose of the refuge and consistent with State regulations. Additionally, hunting is a traditional use and a recreational use of renewable natural resources deeply rooted in America’s heritage, and can be an important wildlife management tool. National wildlife refuges, including Missisquoi NWR, conduct hunting programs within the framework of Federal, State, and refuge regulations. Hunters on the refuge are expected to be ethical and respectful of other users, wildlife species, and the environment while on refuge lands.

The purpose of this proposed action is to provide compatible wildlife-dependent recreational opportunities on Missisquoi NWR. The need for 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 Refuge System” and “ensure that opportunities are provided within the Refuge System for compatible wildlife-dependent recreational uses” (16 U.S.C. 668dd(a)(4)). Expanding hunting access on the refuge provides an opportunity to motivate visitors to value, support, and contribute to the refuge, and the Refuge System and become better environmental stewards.

Department of the Interior Secretarial Order 3356 directs the Service to enhance and expand public access to lands and waters on refuges for hunting, fishing, recreational shooting, and other forms of outdoor recreation. The proposed action will also promote priority public uses of the Refuge System, and will promote stewardship of our natural resources and increase public appreciation and support for the refuge by providing opportunities for visitors to hunt. To address the needs stated above, the proposed action will bring the refuge into greater compliance with the management guidance detailed in the orders, policy, and Federal law to “recognize

Missisquoi NWR Environmental Assessment B-3 compatible wildlife-dependent recreational uses as the priority general uses of the Refuge System” and “ensure that opportunities are provided within the Refuge System for compatible wildlife-dependent recreational uses.” 16 U.S.C. 668dd (a) (4). Finally, the proposed action will help to meet the statement of objectives detailed in the Hunting Plan.

This EA serves as the NEPA document that analyzes the impacts on environmental, cultural, and historical resources of expanding hunting and fishing opportunities on the refuge.

Alternatives

Alternative A – No Action Alternative (Current Management) The No Action Alternative would continue to provide hunting opportunities for waterfowl (ducks, geese, brant, mergansers, and coots), white-tailed deer, woodcock, snipe, and upland game (ruffed grouse, cottontail rabbit, snowshoe hare, and gray squirrel) on the refuge. No expansion or reduction of hunting programs would occur, and the programs would be conducted as they are currently.

Alternative B – Proposed Action Alternative (Expanded Hunting Opportunities) In addition to the existing hunting program, the refuge proposes to open red and gray fox, raccoon, coyote, striped skunk, weasel, and opossum hunting from September through March on the Tabor Road/Maquam Swamp and Bog areas of the refuge. Red and gray fox hunting would occur from October through February and raccoon hunting would occur from October through December, following the annual VTFW hunting seasons. Skunk, weasel, coyote, and opossum hunting would occur concurrently with the annual VTFW upland/small game (September 1 to second Sunday in March) seasons. The refuge also proposes to expand woodcock and snipe hunting on the Stephen J. Young Marsh unit following State migratory bird seasons and regulations and to provide a novice deer hunt during the Vermont Youth Weekend. There are no proposed changes for the Eagle Point Unit.

Additional hunting opportunities would be conducted according to State, Federal, and refuge- specific regulations. Hunting will be conducted during daylight hours and will not be permitted from the Second Sunday in March until September 1. Non-toxic shot is required for all shotgun hunting except for deer. We encourage voluntary use of non-lead for deer hunting. Hunters may only use dogs during daylight hours of their designated hunting seasons.

The refuge manager, upon annual review of the hunting program, however, may take the necessary steps to impose further restrictions, recommend that the refuge be closed to hunting, or further liberalize hunting regulations up to the limits of the State. We would restrict hunting if it becomes inconsistent with other, higher priority refuge programs or endangers refuge resources of public safety. The refuge has prepared a Hunting Plan that is presented in this document as the Proposed Action Alternative.

Mitigation Measures and Conditions Specific regulations listed under the proposed action alternative were designed to prevent conflicts and negative impacts on refuge habitat and resources, while expanding hunting opportunities on the refuge. Careful oversight by refuge staff will mitigate impacts of

Missisquoi NWR Environmental Assessment B-4 implementing expanded hunting programs. The refuge manager reserves the right to close a unit to hunting or completely stop hunting should any adverse effects occur.

Hunting is a well-established activity at Missisquoi NWR. Only minimal disturbance to most wildlife is expected since hunting occurs during the non-breeding season, and most migratory species are already gone. Although refuge hunting occurs from September to mid-March, the greatest numbers of hunters are anticipated in October, November, and December.

Conflicts can arise between sportsmen/women and other public users, but it is not a substantial issue at the current levels of use. Some trail users, birdwatchers, and photographers may be impacted by the presence of hunters or noise, but public outreach and signs at trailheads are used to address possible conflicts. Overall, refuge hunting is expected to have a continued positive impact, by increasing community participation of distinct user groups at the refuge. The “Novice Hunt” for deer is expected to encourage new hunters to engage in deer hunting, and other wildlife-related activities.

Other Alternatives Considered but Eliminated from Further Analysis In developing hunting plans for national wildlife refuges, we regularly receive comments and requests from some members of the public to eliminate hunting. An alternative that would close the refuge to all hunting was therefore considered but dismissed from detailed analysis. A “No Hunting Alternative” would not accomplish the purposes we seek to accomplish by the adoption of this hunting plan, as described in the “purpose and need” section of this EA. Closing the refuge to hunting would conflict with the Refuge System Improvement Act, which provides that hunting is an appropriate and priority use of the Refuge System, shall receive priority consideration in refuge planning and management, mandates that hunting opportunities should be facilitated when feasible, and directs the Service to administer the Refuge System so as to “provide increased opportunities for families to experience compatible wildlife-dependent recreation, particularly opportunities for parents and their children to safely engage in traditional outdoor activities, such as fishing and hunting.” Furthermore, Department of the Interior Secretarial Order 3356, signed in 2017, directs the Service to enhance and expand public access to lands and waters on national wildlife refuges for hunting, fishing, recreational shooting, and other forms of outdoor recreation. An alternative that failed to provide any opportunity to participate in hunting activities, where such activities are compatible with the purposes of the Refuge System, would also fail to meet the goals of the Refuge System.

Refuge staff have worked closely with stakeholders and the Vermont Fish and Wildlife Department (VTFW) to develop the current proposed hunting plan. There are no unresolved conflicts about the proposed action with respect to alternative uses of available resources. Additionally, the proposed action builds on an existing hunt program, and includes the addition of seasons and areas developed, in part, from an initial scoping process of the refuge’s Comprehensive Conservation Plan (CCP). Therefore, the Service does not need to consider additional alternatives (43 CFR 46.310).

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

Missisquoi NWR Environmental Assessment B-5 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 (Table B-1). We determine significance by considering the degree of effects to that environment, and connected actions are used to assist in determining significance.

As stated above, this section predicts the foreseeable impacts of implementing the hunting program in each of the alternatives. When detailed information may be deficient or unavailable, we base our comparisons on professional judgment and experience. We usually identify potential impacts within a long-range timeframe (i.e., 15 years); beyond that timeframe they become more speculative.

Please keep in mind the relatively small total land mass of the hunting area of the refuge in comparison with the entire Atlantic Flyway or the breeding ranges of the many birds and wildlife that use it. We recognize that the refuge is not isolated ecologically from the land around it; however, we may have overstated positive or negative impacts in that larger geographic context. Nevertheless, many of the actions we propose conform with the CCP and other regional landscape plans, and provide positive, incremental contributions to those larger landscape goals.

Missisquoi NWR, located in Franklin County, Vermont, covers 6,760 acres along the eastern shore of Lake Champlain in the Champlain Valley biophysical region (Figure 1). This biophysical region extends beyond Vermont north and east to the St. Lawrence River and west into New York to the Great Lakes (excluding the Adirondacks). It is relatively warm, dry, and low in elevation compared to the surrounding landscape. The average summer temperature is 70°F and the average winter temperature is 19°F. The annual precipitation in the Champlain Valley averages 28 inches close to the lake (Thompson et al. 2019). The refuge also lies within the Bird Conservation Region (BCR) 13, the Lower Great Lakes, St. Lawrence Plain and, more specifically, in the St. Lawrence Plain physiographic area. Because of agriculture, it is now the largest and most important area for grassland birds in the Northeast (USFWS 2007). For more information regarding the affected environment, please see of the Missisquoi NWR Comprehensive Conservation Plan (2007) that can be found here: https://www.fws.gov/refuge/Missisquoi/what_we_do/finalccp.html.

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

Missisquoi NWR Environmental Assessment B-6 Resources Not Applicable No/Negligible Greater than Resource does Impacts Negligible Impacts not exist in Exists but no Impacts analyzed in project area or negligible this EA impacts

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 ☐ ☒ ☐ Refuge Management/Operations ☐ ☒ Socioeconomics and Environmental Justice ☐ ☒ ☐

White-tailed Deer

Affected Resource Description White-tailed deer are found throughout the northeastern United States. The greatest concentrations of deer in the State of Vermont are found in agricultural areas at a low elevation with a mix of field and forest. White-tailed deer are one of the most highly sought-after hunted species in Vermont. Since different areas of the State vary in habitat quality and deer density, Vermont is divided into and managed by State Wildlife Management Units (WMU) (VTFW 2020). The 2017 Vermont Statewide deer population was estimated to be 130,000 deer, well within the State’s 101,700 to 141,000 population objective (VFWD 2017). Missisquoi NWR lies within Vermont’s WMU B. Of the 19,011 total deer harvested in Vermont in 2018, 2,990 (15.7 percent) were harvested from this WMU. Of the 2,900 total deer harvested in Franklin County, Vermont, 141 (4.8 percent) were harvested in Swanton, and 330 (11 percent) were harvested in Highgate. The majority of deer were harvested by rifle (39 percent) and muzzleloader (33 percent) (VTFW 2018).

Anticipated Impacts

Missisquoi NWR Environmental Assessment B-7 No Action White-tailed deer hunting would continue to be permitted in designated areas of the refuge. There could be temporary, localized population reductions (i.e. less than 20 per year) for white- tailed deer and other hunted species. Current levels of harvest would be expected under this alternative as no new opportunities would be provided.

Proposed Action The primary goal of Vermont’s deer management strategy is to keep the deer herd stable, healthy, and in balance with available habitat. Deer that go into winter with heavier body weights have higher reproductive rates and are better able to survive the harsh winter conditions. Currently, less than 100 big game and upland game permits are issued for Missisquoi NWR every year. Due to the limited upland habitat on the refuge, no more than 20 deer are typically harvested on the refuge each year. In order to increase recruitment of new deer hunters in Vermont, the refuge will include a Novice Deer Hunt that will coincide with the annual Youth Weekend. Adding a Novice Deer Hunt during the Youth Weekend may result in a small number (< 10) of additional novice hunters with their mentors on the refuge. It is possible that a few (< 5) more deer could be harvested as a result, but overall local impacts are expected to be minimal. Hunting additional species in the Tabor Road/Maquam Swamp and Bog area of the refuge may result in more hunters and dogs traversing the habitat, and hunter conflicts. Additional disturbance, displacement, and harvest of deer may result in temporary and localized population reductions, but no measurable population impacts are expected.

Furbearers (Coyote, Fox, Raccoon, Skunk, Weasel and Opossum)

Affected Resource Description Coyote Coyotes have been in Vermont since the 1940s. They occur in every county of the State, but habitat and food availability determine the size of their home ranges and population. Agricultural areas with varied and abundant prey usually have the highest coyote densities, though forests, fields, and wetlands also support coyote. Family groups in Vermont have an average home range of 15 square miles. However, most activity occurs within a smaller (4 to 8 square mile) core area that is defended from other coyote groups. The territoriality of coyotes limits the total number that the State can support. Being density-dependent breeders, coyotes rebound quickly from diseases, territorial disputes, or other sources of mortality (VTFW 2020).

Red Fox Red foxes are found throughout Vermont, in home ranges that are contiguous, do not overlap, and are exclusive to a single-family unit. Red fox populations are influenced by competition from coyotes, the availability of year-round food resources, and diseases like rabies, mange, and distemper. They sometimes utilize urban areas to avoid coyotes, but this can lead to increased interactions and conflicts with humans (VTFW 2020).

Gray Fox Gray foxes are smaller than red foxes and occupy a somewhat narrower range. They prefer dense forests with water and nearby fields for foraging. Their home ranges vary from 1 to 5 miles depending on food supplies, disturbances, dens, and season. Higher gray fox densities are found

Missisquoi NWR Environmental Assessment B-8 at lower elevations and in the southern two-thirds of the State. Canine diseases and parasitic infections, like heartworm and distemper, can occur in a population that has grown too large (VTFW 2020).

Raccoon Raccoons are common and abundant species in Vermont, except in high elevation areas. Raccoon home ranges vary according to sex, age, habitat, food sources, and season. In general, males have larger home ranges than females, ranging from 0.6 to 2.9 miles in rural areas and 0.2 to 0.4 miles in cities or suburbs. Raccoon population numbers are fairly steady throughout the Northeastern United States (VTFW 2020).

Skunk Common throughout Vermont and the United States, striped skunks have expanded their range into Northern Mexico and Southern Canada. They occupy home ranges of 0.25 to 1.9 square miles, but males can travel 4 to 5 miles nightly during the breeding season (DeGraaf 2001). Skunks have an omnivorous diet that varies seasonally and eat almost anything including birds, eggs, frogs, insects, and even household garbage. The skunk population can fluctuate widely depending on food resources, seasonal conditions, and the prevalence of disease (VTFW 2020).

Weasel Long-tailed weasels and ermine are common and abundant species in Vermont. They are found in habitats including woodlands, forest edge, and riparian areas. Weasels populations fluctuate based on prey abundance and predation. A weasel’s home range size and location is determined by food availability, cover type, and season. The long-tailed weasel has a home range of 25 to 59 acres. Ermine have home ranges of 10 to 62 acres (VTFW 2020) (DeGraaf 2001).

Opossum Opossums have been found in Vermont for 20 years. Opossums are nomadic; they prefer deciduous woodlands near water but can be found in farmlands, marshes, and urban areas as well. Populations can fluctuate widely from year to year, but overall, opossum numbers seem to be increasing in the State (VTFW 2020).

Anticipated Impacts No Action Under this alternative fox, raccoon, coyote, skunk, weasel, and opossum hunting would not be permitted on the refuge. No individuals would be legally harvested on refuge property as no new hunting opportunities would be provided.

Proposed Action Coyote Coyote hunting will open on the Tabor Road/Maquam Swamp and Bog areas of the refuge. Vermont’s coyote population is estimated to be between 6,000 and 9,000 individuals. From 2012 to 2016, trappers in Vermont harvested 266.2 coyotes per year on average. In Vermont, coyote hunting often happens opportunistically, when hunters are scouting for or hunting deer or grouse. Therefore, it is anticipated that most refuge coyote hunting would occur during the 10 weeks (last week of October through December) that coincide with deer and grouse hunting seasons.

Missisquoi NWR Environmental Assessment B-9 Vermont’s coyote population is unlikely to change significantly beyond its current level due to the animal’s territorial, adaptable, and pervasive nature. As density-dependent breeders, coyotes experience an increase in reproductive rates, productivity, and pup survival in response to population decreases. Although coyote hunting on the refuge could result in temporary, local reductions to coyotes, no significant impacts are expected (VFWD 2018).

Red Fox Red fox hunting will open on the Tabor Road/Maquam Swamp and Bog areas of the refuge. Red fox are common and abundant throughout Vermont, though their exact population is unknown. The minimum statewide population can be estimated at approximately 5,085 individuals. This is based on the assumptions that 50 percent of Vermont’s agricultural land supports red foxes, red fox home ranges do not overlap, and red fox densities average 2.6 individuals per square mile. Because this estimate is based on only 50 percent of the landscape the actual population may be estimated from 5,000 to 10,000 animals (K. Royer, personal communication, April 9, 2021). From 2012 to 2016, trapers in Vermont harvested 104.2 red foxes per year on average. In Vermont, fox hunting usually happens opportunistically when hunters are scouting for or hunting deer or grouse. Therefore, it is anticipated that most refuge fox hunting would occur during the 10 weeks (last week of October through December) that coincide with deer and grouse hunting seasons. Wetland margins, forest patches, and grasslands on the refuge provide excellent habitat for red foxes, in addition to the surrounding agricultural landscape. Red fox hunting on the refuge could result in temporary, localized reductions in populations, but no significant impacts to red fox are expected (USDA 2018).

Gray Fox Gray fox will open for hunting on the Tabor Road/Maquam Swamp and Bog areas of the refuge. Based on past trapping efforts, refuge and State biologists believe that gray fox are not being overharvested in Vermont. From 2012 to 2016, trappers in Vermont harvested 43.6 gray foxes per year on average (USDA 2018). In Vermont, fox hunting usually happens opportunistically, when hunters are scouting for or hunting deer or grouse. Therefore, it is anticipated that most refuge fox hunting would occur during the 10 weeks (last week of October through December) that coincide with deer and grouse hunting seasons. It is anticipated that few gray fox would be harvested on the refuge due to its northern location, lack of preferred habitat, and the fox’s elusive nature. Incidental harvest may occur on the refuge but no measurable impacts to gray fox populations are expected.

Raccoon Raccoon will open for hunting on the Tabor Road/Maquam Swamp and Bog areas of the refuge. The raccoon population in Vermont is thought to be increasing, but the exact Statewide population is unknown. The minimum Statewide population can be estimated at approximately 71,875 individuals. This is based on the assumptions that 50 percent of Vermont’s agricultural land supports 18.4 raccoons per square mile (USDA 2018). From 2012 to 2016, trappers in Vermont harvested 374.8 raccoons per year on average (USDA 2018). Vermont’s raccoon hunting season extends for 12 weeks, starting on October 10 and ending on December 31. Refuge hunting would occur during that timeframe, but only during daylight hours since the refuge is closed from legal sunset to legal sunrise. Excellent raccoon habitat occurs on the refuge and in the surrounding agricultural landscape. As a result, the refuge supports a large

Missisquoi NWR Environmental Assessment B-10 raccoon population and daytime observations are frequent. Although raccoon hunting on the refuge could result in temporary, localized reductions in populations, no significant impacts to raccoons are expected.

Skunk Skunk will open for hunting on the Tabor Road/Maquam Swamp and Bog areas of the refuge. Striped skunks are common and abundant throughout Vermont though their exact population is unknown. Densities can fluctuate widely (1 skunk per 10 to 77 acres) depending on food resources, season, and the prevalence of disease (VTFW 2020). Rural areas with farmland, pastureland, and woodlands often contain high numbers of skunks. An estimated minimum State population of 32,500 skunks can be calculated, based on the assumption that 50 percent of Vermont’s rural agricultural land supports the minimum density (1 skunk per 77 acres) of striped skunks. From 2012 to 2016, trappers in Vermont harvested 123.8 striped skunks per year on average. It is anticipated that skunk hunting will occur incidentally and opportunistically, when other targeted species are being hunted. Striped skunk hunting on the refuge could result in temporary, localized reductions in populations, but no significant impacts are expected.

Weasel Weasel will open for hunting on the Tabor Road/Maquam Swamp and Bog areas of the refuge. Weasels are common throughout Vermont, though their exact population is unknown. Reported densities range from 1 to 77 long-tailed weasels and 16 to 28 ermine per-square-mile (DeGraff 2001). Weasel trapping efforts have been closely related to harvest size in Vermont, meaning this species is not being overharvested in the State (VTFW 2020). Weasel hunting in Vermont is usually incidental and opportunistic, and occurs when other targeted species are being hunted. Few weasels are anticipated to be harvested on the refuge. Although weasel hunting could result in temporary and localized population reductions, no measurable impacts are expected.

Opossum Opossum will open for hunting on the Tabor Road/Maquam Swamp and Bog areas of the refuge. Opossum are common in habitats throughout Vermont, though their exact population is unknown. Opossum populations and densities fluctuate widely, even when excellent habitat and food resources are available (VTFW 2020). A State population of 31,600 opossums can be estimated, based on the best available information, and an assumption that 50 percent of Vermont’s rural agricultural land supports 10.1 opossums per square mile. From 2012 to 2016, trappers in Vermont harvested 53.4 opossum per year on average (USDA 2018). Opossum hunting in Vermont is usually incidental and opportunistic, and occurs when other targeted species are being hunted. Few opossums are anticipated to be harvested on the refuge. Although opossum hunting could result in temporary and localized population reductions, no measurable impacts are expected.

Small Game (Cottontail Rabbit, Snowshoe Hare, and Gray Squirrel)

Affected Resource Description Cottontail Rabbit

Missisquoi NWR Environmental Assessment B-11 The Eastern cottontail rabbit can be found throughout a large portion of Vermont. They are not distributed evenly across the landscape, but tend to concentrate in favorable habitats such as field edges, brush piles, or dense briar patches. Cottontails spend their lives in an area of 10 acres or less. Occasionally, they may move a mile or so from a summer range to winter cover or to a new food supply. Population densities vary with habitat quality, but one cottontail per acre is a reasonable average. Cottontails live only 12 to 15 months, yet they can raise as many as six litters per year (VTFW 2020).

Snowshoe Hare Snowshoe hare are native to Vermont and are found throughout the State. They are most abundant in the Green Mountains and Northeast Kingdom since they concentrate in dense, low- growing cedar swamps, spruce bogs, and thickets of early successional spruce and fir.

Gray Squirrel Gray squirrels are found throughout much of Vermont, but the best habitat and highest populations occur in mature oak, hickory, and beech hardwood forests of the Champlain Valley, Connecticut River Valley, and Southern Vermont. Besides mast trees, good quality habitat should contain other food-producing trees and a permanent source of water.

Anticipated Impacts No Action Eastern cottontail, snowshoe hare, and gray squirrel hunting would continue to be permitted in designated areas of the refuge. Under the no action alternative, disturbance to wildlife species, changes in wildlife behavior and direct mortality are among the observed impacts. Under this alternative, current levels of harvest would be expected to continue, as no new opportunities would be provided.

Proposed Action Eastern Cottontail Cottontail rabbits can be harvested during the annual Vermont hunting season, from the last Saturday in September to the second Sunday in March. Their annual population size and harvest are unknown, though they are considered common throughout southern and western Vermont. Cottontail populations fluctuate widely from place to place and year to year. Factors like weather, disease, and predators can influence rabbit abundance, though healthy populations can usually be maintained as long as there is suitable habitat. Using the conservative assumption that 50 percent of the State’s agricultural land has sufficient habitat to support rabbits, home ranges of rabbits do not overlap, and rabbit densities average one rabbit per acre, a statewide rabbit population of 244,164 rabbits is estimated. This is likely an underestimate of the population, since rabbits can occur at higher densities (USDA 2018). Hunting additional species in the Tabor Road/Maquam Swamp and Bog area of the refuge may result in more hunters and dogs traversing the habitat. Additional disturbance, displacement, and harvest of rabbits could result in temporary and localized population reductions but no significant impacts are expected.

Snowshoe Hare The exact population of snowshoe hares, like other small game species in Vermont, is not known. Snowshoe hare populations fluctuate in 8 to 11 year cycles and densities range from 0.1

Missisquoi NWR Environmental Assessment B-12 to four snowshoe hare per acre depending on the stage in that cycle. They require both dense conifers for daytime activities, and small pole timber for travel corridors, within a 20-acre home range (VTFW 2020). Common and abundant in higher elevation coniferous forests in the State, snowshoe hare sightings are infrequent at Missisquoi NWR. Hunting additional species in the Tabor Road/Maquam Swamp and Bog area of the refuge may result in more hunters and dogs traversing the habitat. Additional disturbance, displacement, and harvest of snowshoe hares could result in temporary and localized population reductions, but no significant impacts are expected.

Gray Squirrel The exact population of gray squirrels, like other upland game species in Vermont, is not known. A minimum of 150 pounds of acorns and nuts per acre is required to maintain robust gray squirrel populations. Hard mast-producing trees less than or equal to 15 inches diameter at breast height must be a major component of the forest to produce enough food. A density of one squirrel per acre indicates quality habitat, with 2 to 5 gray squirrels per acre in the best habitat. Squirrel home ranges vary from 1 to 25 acres (VTFW 2020). Hunting additional species in the Tabor Road/Maquam Swamp and Bog area of the refuge may result in more hunters and dogs traversing the habitat. Additional disturbance, displacement, and harvest of gray squirrels could result in temporary and localized population reductions, but no significant impacts are expected.

Ruffed Grouse

Affected Resource Description Ruffed grouse are the most abundant upland game bird in Vermont. Found throughout the State, they are most common in the extensive forests of the Northeast Kingdom in Essex, Caledonia, and Orleans counties. Typically associated with early successional aspen and white birch habitat, ruffed grouse are found where thick, brushy forest habitats provide nesting cover, protection from predators, and berries or buds for food (VTFW 2020).

Anticipated Impacts No Action Ruffed grouse hunting would continue to be permitted in designated areas of the refuge. Under the no action alternative, some disturbance to wildlife species, changes in wildlife behavior, and direct mortality are among the observed impacts. No new opportunities would be provided, so impacts would remain unchanged.

Proposed Action The exact population of ruffed grouse, like other upland game species in Vermont, is not known since drumming surveys and grouse brood count surveys are not conducted and no hunting information is collected. Grouse abundance often fluctuates annually throughout their range as well as throughout a particular region. In the north, ruffed grouse numbers rise and fall in a somewhat predictable 8 to 10 year cycle; local populations increase for 4 to 5 years, peak, then steadily decline for 4 to 5 years. Interacting factors, like quality of habitat, weather, and number of predators seem to be involved in population fluctuations, but this remains poorly understood (VTFW 2020). Northern ruffed grouse densities are estimated at 1.4 to 7.4 grouse per 100 acres in the spring and 4.9 to 28.6 grouse per 100 acres in the fall (Meyer 2011). Both the number of

Missisquoi NWR Environmental Assessment B-13 ruffed grouse hunters and the number of ruffed grouse harvested increase during years when populations are at or near the peak of their cycle. Hunting additional species in the Tabor Road/Maquam Swamp and Bog area of the refuge may result in more hunters and dogs traversing the habitat. Additional disturbance, displacement, and harvest of ruffed grouse could result in temporary and localized population reductions, but no significant impacts are expected. Migratory Game Birds

Affected Resource Description Migratory birds are managed on a flyway basis and hunting regulations are established in each State based on flyway data. Federal and State regulations would apply in the refuge waterfowl hunt. All migratory bird hunters must register through the Harvest Information Program (HIP) to provide harvest data for each species. Regulations are based on surveys and monitoring, data analyses, and rule making. Each year, the Service prescribes frameworks for migratory bird hunting dates and times, the allowable harvest, and the allowable number of birds in a hunter’s possession. This framework: (1) allows for State selections of seasons and limits for recreation and sustenance, (2) aids Federal, State, and Tribal governments in the management of migratory birds, and (3) permits harvests at levels compatible with population status and habitat conditions.

Waterfowl Vermont is an important area for spring and fall migrating ducks in the Atlantic Flyway. More than 30 species of waterfowl have been observed in the State and 15 species nest in Vermont. Some species, like mallards, are commonly seen and abundant in almost any wetland. Missisquoi NWR’s expansive wetland habitats, high-quality preferred waterfowl foods (e.g. wild rice), and undisturbed areas for resting and molting make it an important stopover site for migrating waterfowl. In addition, wood ducks, common goldeneyes, and hooded mergansers use the refuge’s expansive floodplain forest for nesting. Mallards and a small number of northern shoveler, blue-winged teal, gadwall, American wigeon, and green-winged teal, prefer to nest in and around refuge grasslands.

American Woodcock American Woodcock is a popular migratory game bird in Vermont and throughout the northeastern United States. Since it is a migratory bird, woodcock are managed by the Service by data collected from singing ground surveys, wing collection surveys, and the HIP. Of the two woodcock populations (Eastern and Central) in North America, Vermont and 16 other States (from the Appalachian Mountains east) comprise the Eastern population. Woodcock require young, dense, moist woodland habitat with nearby openings or fields. They need plentiful earthworms and insects since they can eat their own weight in them. A variety of factors, including a lack of quality habitat due to forest maturation and human encroachment has led to declining woodcock populations. In Vermont, woodcock concentrations are highest in Northeastern forests, but densities fluctuate by season, weather conditions, predation, and habitat quality (VTFW 2020).

Snipe Snipe breed throughout Canada and the northern United States, including Vermont. They prefer bog, alder swamp, and wetland habitats that are abundant on the refuge. Wet feeding areas with soft organic soil, clumps of vegetation for cover, and plentiful insects and invertebrates are

Missisquoi NWR Environmental Assessment B-14 needed. The Service uses the HIP and limited wing collection information to assess snipe populations. Snipe are abundant and widespread with an estimated global breeding population (U.S. and Canada) of 2 million individuals. Snipe harvest is highly correlated with the number of hunters and provides no index of populations (Raftovich et al. 2019).

Anticipated Impacts No Action In 2019, there were an estimated 38.9 million ducks in the Atlantic Flyway. This number is 10 percent above the long-term average (USFWS 2019). During the 2018 waterfowl season, HIP indicated that overall, 194,200 Atlantic Flyway duck hunters spent 977,400 days afield, harvesting 1,585,000 ducks. During the 2018 waterfowl season in Vermont, 2,100 hunters spent 13,300 days afield, harvesting 16,500 birds (1 percent of total Atlantic Flyway population harvested). Vermont duck hunters comprised 1 percent of Atlantic Flyway duck hunters in 2018, with a seasonal average harvest of 7.8 ducks/hunter. Similar numbers were seen in 2017, when Vermont’s 2,500 waterfowl hunters spent 15,300 days afield, and harvested 19,900 ducks. Of 1,507,800 ducks harvested in the Atlantic Flyway in 2017, 1.3 percent were harvested in Vermont (Roberts 2019). Although Franklin County, Vermont, ranks second (of fourteen counties) for the number of ducks harvested in the State, the actual number of refuge waterfowl hunters is unknown (Raftovich et al. 2019).

During the 2018-19 woodcock season, HIP indicated that overall, 28,300 Eastern population woodcock hunters spent 99,200 days afield, harvesting 49,600 woodcock. For Vermont in 2018, 900 hunters spent 4,300 days afield, harvesting 2,200 birds (4.4 percent of total Eastern population harvested). In 2017, the State’s 1,300 woodcock hunters spent 5,800 days afield, and harvested 3,400 birds (5.4 percent of total Eastern population harvested). Hunters in Vermont comprised 3.2 percent of total hunters for the Eastern woodcock population in 2018 and 4.5 percent in 2017. Seasonal averages of 2.5 and 2.7 woodcock/hunter were harvested in 2018 and 2017, respectively (Seamans and Rau 2019).

Although snipe are abundant and widespread migratory birds found throughout Canada and the northern United States, they are elusive and difficult to find and count. Snipe are not a highly sought-after species in Vermont, so limited information is available for the State. During the 2018-19 snipe season, HIP indicated that a total of 4,900 Atlantic Flyway hunters spent 21,500 days afield, harvesting 70,800 snipe. For Vermont, the 2018 season had less than 50 hunters who spent 200 days afield, harvesting 200 birds (0.2 percent of total Atlantic Flyway population harvested). In 2017, less than 50 Vermont snipe hunters spent 100 days afield, and harvested 100 birds (0.4 percent of Atlantic Flyway population harvested). Snipe hunters in Vermont comprised less than 1 percent of Atlantic Flyway hunters in both 2017 and 2018. Average seasonal harvests in Vermont, were 2.5 and 2.7 snipe/hunter, in 2018 and 2017, respectively (Raftovich et al. 2019).

Permitted hunting for waterfowl (ducks, geese, brant, mergansers, and coots), woodcock, and snipe will continue on Missisquoi NWR, according to Federal, State, and refuge regulations. Under the no action alternative, some disturbance to wildlife species, changes in wildlife behavior, and direct mortality are among the observed impacts. No new opportunities would be provided, so impacts would remain unchanged. The number of individuals harvested on the

Missisquoi NWR Environmental Assessment B-15 refuge, though additive to local, regional, and Atlantic Flyway harvest, is negligible to their populations. As waterfowl, woodcock, and snipe species populations continue to be monitored, future harvests will be adjusted as needed under the existing processes.

Proposed Action Waterfowl Approximately 125 adult hunters and 30 junior waterfowl hunters apply for refuge waterfowl blind site permits each year. Since permits and fees are not required in the public hunting areas of the Delta Lakeshore, Maquam Swamp, or Maquam Shore areas, the number of hunters there is unknown. Hunting additional species in the Tabor Road/Maquam Swamp and Bog area of the refuge may result in additional disturbance or displacement of refuge waterfowl but no significant impacts are expected at any level, including Flyway populations.

American Woodcock Hunting additional species in the Tabor Road/Maquam Swamp and Bog area of the refuge may result in more hunters and dogs traversing the habitat. Additional disturbance, displacement, and harvest of American woodcock could result in temporary and localized population reductions, but no significant impacts are expected.

Snipe Hunting additional species in the Tabor Road/Maquam Swamp and Bog area of the refuge may result in more hunters and dogs traversing the habitat. Additional disturbance, displacement, and harvest of snipe result in temporary and localized population reductions, but no significant impacts are expected.

Non-target Wildlife and Aquatic Species

Affected Resource Description Missisquoi NWR provides important habitat for more than 250 species of migratory land and water birds, including thousands of waterfowl during fall migration. Its wetlands are important breeding areas for American and least bitterns, common gallinules, pied-billed grebes, herons, rails, and the entire nesting population of State-endangered black terns. Additionally, the refuge contains one of the largest grasslands in the state, used by nesting grassland birds including bobolinks, savannah sparrows, Eastern meadowlarks, and Northern harriers. Forests provide breeding habitat for cavity-nesting waterfowl (wood ducks, common goldeneye), wood thrush, State-threatened eastern whip-or-will, and State-endangered bald eagle. Refuge forests also serve as a migratory corridor for State-endangered rusty blackbirds and a wide variety of neotropical migrants. Early successional scrub-shrub habitat is used by American black ducks, willow flycatchers, American Woodcock, and more.

The lower Missisquoi River and Missisquoi Bay provide habitat for at least 24 species of fish, a major food source for numerous migrating and nesting birds on the refuge. Low-lying marshes and shallow weed beds serve as critical feeding, spawning, and nursery grounds for northern pike, pickerel, and yellow perch. The State-endangered lake sturgeon and stonecat, and State- threatened Eastern sand darter also occur there. Additionally, the river contains one of the most

Missisquoi NWR Environmental Assessment B-16 diverse assemblages of freshwater mussels in the Lake Champlain Basin. Seven out of 12 mussels that are present are regionally rare and are either State-threatened or endangered species.

The refuge supports around 50 species of mammals. White-tailed deer, woodchuck, and a variety of small mammals are frequently observed. Wetland species, like beavers and muskrats, are common and abundant, with mink and otter seen less frequently. Predators like raccoon, red fox, skunk, coyotes, weasels, and opossums eat a smorgasbord of bird eggs and nestlings, frogs, turtle eggs and hatchlings, and a variety of other foods. Acoustic monitoring of bats in 2013-2014 showed that six of nine State bat species use the refuge, including the State-endangered tri- colored and little brown bats.

Snapping, painted, and map turtles are abundant and frequently seen basking along the shorelines of the Missisquoi River, and on logs in refuge wetlands. In addition, the small population (< 300 individuals) of State-threatened spiny softshell turtles is found throughout the refuge’s extensive aquatic habitats. Eastern garter snakes, Northern red-bellied snakes, and Northern water snakes are seen as well. Amphibians are abundant and include a diverse array of frogs including, Northern leopard, wood, green, mink, pickerel, bullfrog, as well as spring peepers, tree frogs, and toads. Eastern red newts, spotted and blue-spotted salamanders, and other salamanders are found in the moist floodplain forest, and lay eggs in shallow water USFWS 2007).

Anticipated Impacts No Action Waterfowl (ducks, geese, brant, mergansers, and coots), white-tailed deer, woodcock, snipe, and upland game (ruffed grouse, cottontail rabbit, snowshoe hare, and gray squirrel) would continue to be hunted on 3,466 acres of the refuge, according to Federal, State, and refuge regulations. No expansion or reduction of hunting programs would occur, and the programs would be conducted as they are currently. Some wildlife may be disturbed, distressed, or displaced as hunters walk, fire shots, pilot boats, and/or use hunting dogs on the refuge. Disturbances to birds, except waterfowl in hunted areas, are expected to be minimal, since migrating and breeding activities occur from April to August when no hunting occurs on the refuge. Short-term disruptions to other species like bats, turtles, frogs, and some mammals are expected to be minor, due to bouts of inactivity or hibernation during this time. There could be temporary, localized disturbance to fish, mussels, and other aquatic species during waterfowl hunting but no significant impacts are expected for any non-target refuge wildlife species.

Proposed Action Hunting additional species in the Tabor Road/Maquam Swamp and Bog areas of the refuge will likely affect other refuge wildlife to some degree. More hunters, spending more time in the area, will likely cause additional disruptions and disturbances to wildlife as hunters walk, fire shots, pilot boats and/or use hunting dogs. Disturbances to birds are expected to be minimal, since migrating and breeding activities occur from April to August, when there is no hunting on the refuge. Short-term disruptions to other species like, bats, turtles, frogs, and some mammals are expected to be minor, due to periods of inactivity or hibernation. Hunting could result in a temporary reduction of foxes, raccoon, coyote, skunk, weasel, and opossum numbers, and lessen their impacts (spring nest predation, resource competition, and direct consumption) on other refuge wildlife (Fletcher et al 2010, Pieron, M.R. et al 2012). The expanded hunting program is

Missisquoi NWR Environmental Assessment B-17 expected to slightly increase impacts to refuge wildlife overall, but no significant impacts are anticipated.

Threatened and Endangered Species and Other Special Status Species

Affected Resource Description A Section 7 Endangered Species Act review was conducted in coordination with the Service’s New England Field Office for Federally listed species. The only listed species that may occur on the refuge is the Northern long-eared bat (Myotis septentrionalis). Northern long-eared bats inhabit Franklin County, Vermont, where Missisquoi NWR is located. Historically, they used trees in the refuge’s floodplain forests from April to August for roosting and maternal colonies. In northern latitudes like Vermont, Northern long-eared bats hibernate in caves and mines for 8 or 9 months of the year, sometimes beginning in August (Sefchick 2019). Acoustic monitoring of bats in 2013-2014 showed that six of nine State bat species use the refuge, including the State- endangered tri-colored and little brown bats.

Anticipated Impacts No Action Permitted hunting for waterfowl (ducks, geese, brant, mergansers, and coots), white-tailed deer, woodcock, snipe, and upland game (ruffed grouse, cottontail rabbit, snowshoe hare, and gray squirrel) would continue on the refuge, according to Federal, State, and refuge regulations. All refuge hunting programs would continue to be conducted as they have been, with no expansion or reduction in species, or areas hunted. In Vermont, Northern long-eared bats hibernate in caves and mines for 8 or 9 months of the year. Therefore, this species is likely already hibernating during most or all of the refuge hunting seasons (September to mid-March). No adverse impacts to threatened or endangered species are anticipated under the no action alternative.

Proposed Action Opening the refuge to additional hunting opportunities in the Tabor Road/Maquam Swamp and Bog areas of the refuge should not affect the federally threatened Northern long-eared bat. No additional disturbance to Northern long-eared bats is expected, since roosting, feeding, and pup rearing activities occur from April to August, outside of the refuge hunting seasons (September to mid-March). Hunters are not permitted to remove trees or snags from refuge forests, further reducing the risk of disruption or displacement of Northern long-eared bats. Hunting additional species in the Tabor Road/Maquam Swamp and Bog area of the refuge may result in more hunters and dogs traversing the habitat, but no adverse impacts to Northern long-eared bats, or any other bats or protected species, are expected.

Vegetation and Habitat

Affected Resource Description Missisquoi NWR natural communities and vegetation are described in the Missisquoi NWR CCP (2007), Clews (2002), and Thompson et al. (2019). Wetlands make up the majority (i.e., more than 90 percent) of refuge habitats, and include silver maple-sensitive fern floodplain forest, wild

Missisquoi NWR Environmental Assessment B-18 rice marsh, buttonbush swamp, red maple-green ash swamp, deep broadleaf marsh, bulrush marsh, and bog.

The Maquam Swamp and Bog contains pitch pine, black spruce, tamarack, the State-threatened Virginia chain fern, and one of the State’s largest populations of rhodora. A mixed shrub sedge bog occurs at its center, with peat moss, few-seeded sedge, and Virginia chain fern. Dwarf shrub bog is a rare community type surrounding its center. It contains abundant sheep laurel, leatherleaf, and other vegetation less than 6 feet tall. Pitch pine woodland bog occurs in small patches, and is the only example of this community type in Vermont. An alder swamp surrounds the bog and contains speckled alder, huckleberry, highbush blueberry, shrubby willows, dogwoods, and mountain holly.

Upland natural communities include managed grasslands, shrublands, and successional stages of northern hardwood forest. Grasslands consist of reed canarygrass, timothy, and other cool season grasses, legumes (including clovers and birdsfoot trefoil), and a variety of forbs. Managed by haying and mowing, for grassland nesting birds, these fields also benefit pollinators. Refuge shrublands include speckled alder, highbush blueberry, willows, huckleberry, winterberry holly, and other species. American beech, white pine, yellow birch, sugar maple, and a variety of other trees make up the hardwood forest. The refuge uses mechanical equipment, like the Fecon and Hydroaxe, to create early successional habitat in the forest, for American woodcock, grouse, golden-winged warbler, and other species that rely on it (Clews 2002).

Anticipated Impacts No Action Permitted hunting for waterfowl (ducks, geese, brant, mergansers, and coots), white-tailed deer, woodcock, snipe, and upland game (ruffed grouse, cottontail rabbit, snowshoe hare, and gray squirrel) would continue on the refuge, according to Federal, State, and refuge regulations. All refuge hunting programs would continue to be conducted as they have been, with no expansion or reduction in species, or areas hunted. The physical effects on refuge wetland and upland vegetation are expected to be minimal during the majority of the hunting season (September to mid-March). The physical impacts of hunters and hunting dogs trampling refuge vegetation and soils is expected to be small since most vegetation is senescing or dormant during this time. Greater impacts may be observed at the beginning and end of the hunting season, as plants may not be fully dormant. No vehicles, other than boats for waterfowl hunting, are permitted on the refuge. No new or additional impacts to refuge vegetation is expected under the no action alternative.

Proposed Action Hunters will continue to be allowed to hunt off trail; however, vegetation trampling and associated soil erosion and compaction, and possible impacts to water quality are expected to be minor. The effects of hunting on vegetation and soils would be mitigated as hunters are dispersed widely across the refuge. Hunter density is also controlled through the refuge permit requirements. To date, refuge staff are not aware of any consistent, adverse effects to refuge vegetation or habitats. Opening the Tabor Road/ Maquam Swamp and Bog area to red and gray fox, raccoon, coyote, skunk, weasel, opossum, woodcock, and snipe hunting will increase the hunter density on this unit. There may also be additional white-tailed deer and ruffed grouse

Missisquoi NWR Environmental Assessment B-19 hunters on this unit as they may hunt the new species opportunistically. Only minor effects to vegetation from trampling are expected, since tree cutting is not allowed, and plants are senescing or dormant during this timeframe. Soil compaction should be minimal since no vehicles (except boats for waterfowl hunting) are allowed, and the ground may be partially or wholly frozen. No significant impacts to refuge vegetation are expected. Visitor Use and Experiences

Affected Resource Description Missisquoi NWR is open to all six of the priority public uses that are outlined in the Refuge System Improvement Act of 1997 which include hunting, fishing, wildlife photography, wildlife observation, environmental education, and interpretation. Based on the 2017 Banking on Nature Report, less than 1 percent of refuge visits were for hunting, 31 percent of refuge visits were for fishing, and 69 percent of refuge visits were for non-consumptive uses (Banking on Nature 2017). Hunting is a traditional and popular outdoor activity that is permitted on portions of the refuge in accordance with State and Federal seasons and regulations. Fishing, one of the most popular public use activities on the refuge, is enjoyed by all ages throughout the year. Fishing accounts for a large part of the visitor activity each year, especially in the summer and early fall. The refuge works to enhance fishing opportunities by permitting fishing according to State regulations and maintaining appropriate facilities.

The refuge facilitates a variety of programs and walks, done by refuge volunteers, Friends of Missisquoi NWR members, and sometimes staff. Activities include a World Bird Day celebration, monthly bird walks, owl prowls, winter ecology bog walks, woodcock walks, and others. Trails on the refuge also create opportunities for the public to enjoy and appreciate the refuge’s abundant natural resources (USFWS 2007).

Anticipated Impacts No Action Currently, refuge lands open to hunting generally follow Federal and State seasons and regulations, with some refuge-specific restrictions. Hunting, especially for species like waterfowl and deer, is a traditional activity during the fall in northern Vermont. As such, few conflicts among user groups have involved hunters or hunting on the refuge. The small number of hunter complaints or conflicts each year usually involve other hunters. Refuge visitors using trails (birdwatching, walking, photography), are the most affected by hunting activities. In order to address safety concerns of non-hunting visitors and trail use, the refuge staff has increased outreach and clearly posted trail signs and designated safety zones on the refuge. Additionally, trails are closed during the 16-day deer rifle season to reduce conflict between recreational users.

Proposed Action The number of hunters and the amount of time spent hunting is expected to increase due to expanded refuge hunting opportunities in the Tabor Road/Maquam Swamp and Bog areas of the refuge. It is likely that 20 additional hunters will use the Tabor Road/Maquam Swamp and Bog areas for hunting due to this action. Novice deer hunters and their mentors may increase hunting pressure during the Youth Weekend deer hunt in Long Marsh/Metcalfe Island, but the only anticipated conflicts will likely be from other hunters. Increased hunter presence and use, during the regular refuge hunting timeframe (September to mid-March) is not expected to greatly

Missisquoi NWR Environmental Assessment B-20 increase the number of conflicts among user groups. Most hunter-to-hunter conflicts are expected to be minor and can be managed by refuge staff or law enforcement. Conflicts that arise with other user groups are expected to be minor, and may be managed through outreach, trail closures, and signage. If conflicts do arise, mitigation efforts will be designed and implemented to lessen impacts to other wildlife-dependent user groups. The refuge maintains the Black/Maquam Creek trail as an area closed to hunting to offset the impact of trail closures during the hunting season.

Cultural Resources

Affected Resource Description No known historical structures or sacred sites occur on Missisquoi NWR, though important Abenaki archaeological sites and artifacts can be found there. The Abenaki are a State- recognized Native American Tribe who lived along the Missisquoi River for thousands of years. Archaeological excavations have uncovered thousands of artifacts, curated at the University of Maine in Farmington, the Consulting Archaeology Program Laboratory at the University of Vermont in Burlington, and in the North Atlantic-Appalachian Regional Office in Hadley, Massachusetts. The State of Vermont has no repository for archaeological items that meets the Department of Interior standards for curating museum property (USFWS 2007).

Anticipated Impacts No Action It is Service policy is to preserve the cultural, historic, and archaeological resources in the public trust, and avoid any adverse effects wherever possible. Section 106 of the National Historic Preservation Act of 1966, as amended, requires the Service to evaluate the effects of any of its actions on cultural resources (historic, architectural and archeological properties) that are listed or eligible for listing in the National Register of Historic Places (NRHP). Current hunting programs on the refuge should have no adverse impacts to cultural resources on the refuge.

Proposed Action The Proposed Action would not likely affect any cultural resources found on the refuge. Although hunters may be able to access parts of the refuge that are closed to non-hunters, this access alone is not expected to increase vandalism or disturbance to cultural resources by individuals while they are hunting, nor is it likely that hunters will be more likely to engage in vandalism or disturbance than any other refuge visitor. Under this alternative, hunting, regardless of the method or species targeted, will not pose a threat to cultural resources. There are no historic buildings or other obvious cultural resources on the refuge that would be readily susceptible to impacts from hunting.

Refuge Management and Operations

Affected Resource Description Missisquoi NWR is located along Tabor Road, in Franklin County, Swanton, Vermont. Its facilities include a refuge headquarters and visitor contact station, a maintenance building, oil shed, above-ground fuel tanks with covers, a large concrete parking lot, and sidewalks. Two storage buildings are remotely located on the refuge along the Mac’s Bend Road and the

Missisquoi NWR Environmental Assessment B-21 Cranberry Pool dike. The refuge also maintains kiosks, four gravel parking lots, a mile-long gravel road, three boat ramps, a handicap accessible fishing bulkhead, boardwalks, 12.75 miles of nature trails, two pit toilets, gates, and two water control structures (USFWS 2007).

There are currently four full-time employee positions at Missisquoi NWR. A Refuge Manager, Biologist, Maintenance Worker, and Administrative Assistant work together to ensure the refuge’s hunt program is safe, successful, and biologically sound (USFWS 2007).

Anticipated Impacts No Action Hunters currently use refuge infrastructure, such as parking areas and refuge trails, to gain access to refuge lands. The impacts to refuge infrastructure are short-term and negligible. Annual operating costs to administer the refuge’s current hunting programs, including infrastructure, signs, and staff time, are approximately $17,700.

Proposed Action For the proposed action, hunters would continue to use existing refuge infrastructure (parking areas, trails) to access hunting areas. It is anticipated that there will be approximately 20 additional hunters per year, using the Tabor Road/Maquam Swamp and Bog. While increased hunter use is anticipated, impacts to local public roads are expected to be negligible. Opening the Tabor Road/Maquam Swamp and Bog areas of the refuge to additional hunting opportunities should not have any measurable impacts to refuge management and operations. Additional operating costs are expected to be minimal, for expanding refuge hunting opportunities. The total estimated costs to implement the proposed action remains unchanged at approximately $17,700. A detailed cost breakdown can be found in the Missisquoi NWR Hunt Plan.

Socioeconomics and Environmental Justice

Affected Resource Description The refuge is located in Franklin County, Vermont, in the towns of Swanton and Highgate, with larger towns (St. Albans and Burlington) less than 50 miles away. The refuge contributes directly to the local economy through annual shared revenue payments to respective municipalities, based on Congressional appropriations, land acquisition, and the annual sale of refuge goods and products. Its budget provides approximately $400,000 per year to the local economy through staff salaries, expenditures for construction contracts, and purchases from local businesses for operation and maintenance of the refuge.

Special Use Permit activities, on the refuge, like commercial minnow trapping and cooperative haying, provide additional economic benefits to the local community for nominal fees. The refuge contributes indirectly to the local economy by providing valuable recreational opportunities for local residents, tourists, and travelers. A national survey of hunting, fishing, and wildlife watching in 2011, showed that 512,000 Vermont residents and nonresidents, 16 years old and older, fished, hunted, and watched wildlife in Vermont. Some participants did two or all three, of these activities. Included were 207,000 anglers, 90,000 hunters, and 370,000 wildlife- watchers who spent $744 million dollars on these activities. These figures represent an important contribution to Vermont’s economy, and highlight the strong connection Vermont residents and

Missisquoi NWR Environmental Assessment B-22 non-residents have to both the land and to wildlife. The refuge is also popular for other Vermont wildlife enthusiasts, like bird watchers, kayakers and canoeists, photographers, and trail walkers who spent $289 million dollars on these activities in 2011 (USFWS & USCB 2016).

Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, involves 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.

Anticipated Impacts No Action Many refuge hunters are from the local towns of Swanton and Highgate, but others travel from distances around the State. Both groups contribute to the local economy through the purchase of duck stamps, hunting licenses, gas, food, hunting-related equipment and clothing, boating gear, equipment repair services, lodging, and other expenditures. Permits for hunting on the refuge are $10 each.

Renowned for waterfowl hunting, Missisquoi NWR has a lottery drawing each year to randomly select duck hunters for coveted refuge blind sites during the first 2 weeks of the season. Usually, there are more than 200 applicants for blind site permits that generate $660 in fees each year. Many other waterfowl hunters, however, use Public Hunting Areas and/or blind sites on a first- come first-served basis after the first 2 weeks. Although the total number of waterfowl hunters that visit the refuge annually in this manner is unknown, the refuge estimates that there are at least 100 waterfowl hunters each year. With a conservative estimate of 100 hunters making $50 worth of hunting-related expenditures for waterfowl hunting at Missisquoi NWR, this generates at least $5,000 in local revenue each year. With the permit fees, that total is $5,660 annually. Approximately 100 refuge permits for big game and upland game hunting are sold generating $1,000 in annual fees. Most hunters pursue white-tailed deer, but a few hunt other species such as ruffed grouse, woodcock, or snipe. If a conservative estimate of 50 hunters spend $50 each on hunting-related expenditures, the amount of generated local revenue from big and upland game hunting is estimated at $2,500. With the permit fees, the total income generated is $3,500. The current hunting program has a minor, long-term beneficial impact to the local economy. Using conservative estimates, the local revenue generated by hunting on the refuge is at least $9,160.

In 2020, Swanton ranks 6th and St. Albans ranks 9th on the list of poorest towns in Vermont. In Franklin County Vermont, 11.1 percent of people live in poverty. The Service has not identified any potential high and adverse environmental or human health impacts from the current hunting that occurs at Missisquoi NWR. Minority or low-income communities are not disproportionately affected by this activity or its impacts (White and Burke 2020).

Proposed Action While hunting visitation may increase due to increased opportunities, hunting only accounts for a fraction of the expenditures related to the refuge. Expanding hunting programs on Missisquoi NWR will likely assist the local economy by attracting additional refuge visitors to the area, but

Missisquoi NWR Environmental Assessment B-23 the additional economic impact is expected to be negligible with the proposed action as compared to current management.

Other Impacts This section includes those effects with a reasonably close causal relationship to the proposed action or alternatives, but may be later in time or farther removed in distance from the proposed action or alternatives.

Hunting For more information on the national cumulative impacts of the Service’s hunting and fishing program on the Refuge System, see “U.S. Fish and Wildlife Service, Cumulative Impacts Report 2021-2022 National Wildlife Refuge and National Fish Hatchery Proposed Hunting and Sport Fishing Openings (2021).” Hunting is, and has been, a part of Vermont’s culture for centuries. Hunting occurs on public and private lands throughout the State, including those around Missisquoi NWR. VTFW manages Mud Creek Wildlife Management Area (WMA), Carman’s Marsh WMA, Rock River WMA, and Maquam WMA, all within 20 miles of the refuge. These WMAs comprise more than 2,400 acres of additional public lands that are open to waterfowl, upland game, and big game hunting, in addition to other public uses. If hunting activities expand in the future, unanticipated conflicts among user groups, both on and off the refuge, may occur. Time and space zoning can be an effective tool in eliminating these conflicts.

Although disturbances occur during hunting seasons, Federal and State regulations and any additional refuge restrictions minimize negative impacts to refuge wildlife and habitats. Hunters are required to report the harvest of all hunted species, as per State and refuge regulations. Hunter field checks are conducted by refuge and State law enforcement officers to ensure compliance with laws and regulations. Refuge staff make observations and conduct biological surveys to assess habitat conditions and monitor wildlife populations on the refuge. Missisquoi NWR conducts hunting programs within the framework of Federal and State regulations. The current refuge hunting programs have minimal impacts on the environment and other local, regional, and national hunting opportunities. Increasing public hunting opportunities on the almost 7,000-acre Missisquoi NWR is not anticipated to affect the local environment or decrease hunting opportunities on other local or State lands near the refuge. The VTFW manages 130,000 huntable acres of WMAs in the State, and the Vermont Agency of Natural Resources (ANR) manages 345,000 acres in WMAs, State forests, and State parks.

Lead Ammunition The State of Vermont, and the Federal government, does not allow the use of lead shot for waterfowl hunting. In the VTFW 2020 Vermont Hunting and Trapping Guide, the article entitled, “Take the Lead and Go Non-lead” discusses lead shot as a toxin to both people and to wildlife. It suggests the use of non-toxic shot for other game hunting as well. In addition to the ban on lead shot for waterfowl hunting, non-lead shot is required for all shotgun hunts (except for deer) and is recommended for all refuge hunts to protect wildlife. The ban on lead shot for all shotgun hunts, excluding deer, has been in place for decades at the refuge and continues to see no opposition from the state.

Missisquoi NWR Environmental Assessment B-24

Although hunter numbers on the refuge are relatively small, the requirement of using non-toxic shot for upland game and migratory bird species, means that lead should not accumulate in refuge habitats, or accidentally be consumed by refuge wildlife. In addition to protecting waterfowl, the use of non-toxic shot protects predators and scavengers (bald eagle, turkey vulture, coyote, etc.) that may ingest gut piles, wildlife parts, or injured wildlife that contain lead shot. Non-toxic shot is encouraged for all refuge hunting, including big game. With limited habitat and around 100 deer hunters on the refuge each year, the amount of spent lead shot could potentially cause detrimental impacts in deer hunting areas of the refuge. In areas where deer hunting overlaps or is adjacent to wetland areas may also cause lead ammunition be deposited during deer season in habitat accessible to waterfowl. Additional outreach to educate hunters and the general public should assist in reducing lead contamination in the future.

Monitoring Refuge hunting programs will practice adaptive harvest management. The Vermont Fish and Wildlife Department (VTFW) considers seven resident furbearing mammals, red and gray foxes, raccoon, coyote, skunk, weasel, and opossum, to have acceptable population levels, so they can be hunted in the State. The VTFW monitors annual population trends, makes informed decisions, and sets species regulations for management, using data from mandatory trapper mail surveys, fur dealer reports, and current available information. Currently and historically, the State trapping effort has been closely related to harvest size for all seven species, meaning they are not being overharvested in the State. The Service has determined that American woodcock and snipe populations are sufficient to be hunted, and monitors migratory game bird populations through the HIP program and biological surveys. Additionally, the refuge actively monitors game and nongame species, habitats, and environmental conditions, and is developing an Inventory and Monitoring Plan.

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 As described above, there would be no additional costs to the refuge under this alternative. There would be no change to the current public use and wildlife management programs on the refuge. There would not be an increase in economic impacts to local economies. New hunting opportunities would not be created under this alternative. This alternative has negligible short- term impacts to physical and biological resources. This alternative, however, would reduce our actions as mandated under the Refuge System Administration Act and Secretarial Order 3356.

Alternative B –Proposed Action Alternative As described above, this alternative is the Service’s proposed action because it offers the best opportunity for public hunting that would result in minimal impacts on physical and biological resources, while meeting the Service’s mandates under the Refuge System Administration Act and Secretarial Order 3356. The Service believes that, although the proposed action would be additive to existing hunting programs, it will not have a significant impact on local or regional

Missisquoi NWR Environmental Assessment B-25 wildlife populations, and will not significantly add to any accumulative effects. This alternative best meets the purpose and need stated earlier.

List of Sources, Agencies and Persons Consulted Vermont Fish and Wildlife Department Mark Scott – Director of Wildlife Adam Miller – Program Manager, Wildlife Division Nick Fortin – Deer Project Leader Chris Bernier – Wild Turkey Project Leader Kim Royer – Furbearer Project Leader David Sausville – Migratory Game Bird Project Leader Jason Batchelder – Colonel, Deputy Chief of Law Enforcement Paul Hamelin – Wildlife Habitat Biologist Doug Morin – Wildlife Biologist & Non-Game Bird Project Leader

List of Preparers Tom Bonetti – Hunting and Fishing Coordinator Laura Howard – Visitor Services Assistant Wilson Darbin – Visitor Services Assistant Caleb Robitaille – Visitor Services Assistant Judy Sefchick – Wildlife Biologist Ken Sturm – Refuge Manager

State Coordination

Meetings and individual phone calls to discuss the plan were held with the State and USFWS in April 2020 and 2021.

Tribal Consultation

The Abenaki Nation of Missisquoi was notified of this process in November 2020. The refuge will continue to coordinate with tribal leaders in areas of mutual interest, including hunting and fishing.

Public Outreach The refuge maintains a mailing list for news release purposes to local newspapers, radio, and websites. Special announcements and articles may be released in conjunction with hunting and fishing seasons. In addition, information about hunting will be available at refuge headquarters and on the refuge website.

This EA is part of the Missisquoi NWR Hunting Plan and the accompanying CD. The plan was coordinated with all interested and/or affected parties, including VTFW staff. The public will be notified of the availability of the Hunting Plan, EA, and CD 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.

Missisquoi NWR Environmental Assessment B-26

Missisquoi NWR Environmental Assessment B-27 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: ______

Missisquoi NWR Environmental Assessment B-28 References Clews, C. 2002. From Floodplain Forest to Pitch Pine Woodland Bog: A Landscape Inventory and Analysis of the Missisquoi National Wildlife Refuge, Swanton, Vermont. University of Vermont, Burlington, VT.

DeGraaf, R.M. and M. Yamasaki. 2001. New England wildlife: habitat, natural history and distribution. University Press of New England. 487pp.

Dooley, J.L., T.A. Sanders, and P.F. Doherty. 2010. Mallard Response to Experimental Walk-In and Shooting Disturbance. Journal of Wildlife Management, 74(8): 1815-1824. doi: 10.2193/2009-284. Fletcher, K., Aebischer, N.J., Baines, D., Foster, R. and Hoodless, A.N. 2010. Changes in Breeding Success and Abundance of Ground Nesting Moorland Birds in Relation to the Experimental Deployment of Legal Predator Control. Journal of Applied Ecology, 47: 263-272.

Meyer, Rachelle. 2011. Bonasa umbellus. In: Fire Effects Information System, U.S. Department of Agriculture, Forest Service, Rocky Mountain Research Station, Fire Sciences Laboratory. www.fs.fed.us/database/feis/June 25, 2020.

Pieron, M.R., Darr, M.J.K and Rowher, F.C. 2012. Duck Nest Success Adjacent to Predator Reduced Sites. Journal of Wildlife Management, 76(7): 1450-1455.

Raftovich, R.V., K.K. Fleming, S. C. Chandler, and C.M. Cain, 2019. Migratory bird hunting activity and harvest during the 2017-18 and 2018-19 hunting seasons. U.S. Fish and Wildlife Service, Laurel, MD. USA.

Roberts, A.J. 2019. Atlantic Flyway harvest and population survey data book. U.S. Fish and Wildlife Service, Laurel, MD.

Seamans, M.E. and R.D. Rau. 2019. American woodcock population status, 2019. U.S. Fish and Wildlife Service, Laurel, MD.

Sefchick, J.A. 2019. Environmental Assessment and Furbearer Management Plan, Missisquoi National Wildlife Refuge, Eagle Point Unit, Derby, VT.

Sefchick, J.A. 2014. Environmental Assessment for Hunting Plan, Missisquoi National Wildlife Refuge, Eagle Point Unit, Derby, VT.

Thompson, E.H., E.R. Sorenson, and R.J. Zaino. 2019. Wetland, Woodland, and Wildlife: A Guide to the Natural Communities of Vermont. Vermont Fish and Wildlife Department. Montpelier, VT.

University of Virginia. February, 2019. National Population Projections 2020, 2030, 2040. Accessed July 10, 2020. http://statchatva.org/2019/02/11/national-population-projections- 2020-2030-2040/.

Missisquoi NWR Environmental Assessment B-29

United States Department of Agriculture Animal and Plant Health Inspection Service Wildlife Services, in cooperation with: Vermont Fish and Wildlife Department, Vermont Agency of Agriculture, Food, and Markets, Vermont Department of Health, U.S. Fish and Wildlife Service, U.S. Department of Agriculture, Forest Service. December 2018. Environmental Assessment Mammal Damage Management in the State of Vermont. 171pp.

U.S. Fish and Wildlife Service, and U.S. Department of Commerce, U.S. Census Bureau. 2011 (revised 2014) National Survey of Fishing, Hunting, and Wildlife-Associated Recreation Vermont Summary.

U.S. Fish and Wildlife Service. September 2007. Missisquoi National Wildlife Refuge Comprehensive Conservation Plan. https://www.fws.gov/refuge/Missisquoi/what_we_do/finalccp.html

U.S. Fish and Wildlife Service. 2019. Waterfowl: Population Status, 2019. USFWS, Laurel, MD. 68pp.

U.S. Fish and Wildlife Service. 2019. Waterfowl population status, 2019. U.S. Department of the Interior, Washington, DC. USA.

U.S. Fish and Wildlife Service, and U.S. Census Bureau. 2016. National Survey of Fishing, Hunting, and Wildlife-Associated Recreation.

Vermont Department of Health. September 2016. Vermont Climate and Health Profile Report. Building Resilience Against Climate Change in Vermont. Accessed July 1, 2020. https://www.healthvermont.gov/sites/default/files/documents/pdf/ENV_CH_ProfileRepor t.pdf

Vermont Fish and Wildlife Department. 2015. Vermont’s Wildlife Action Plan. Chapter 3: Climate Change and Conservation.

Vermont Fish and Wildlife Department. 2018. Vermont White-tailed Deer Harvest Report. Accessed June 25, 2020. https://vtfishandwildlife.com/sites/fishandwildlife/files/documents/Learn%20More/Librar y/REOORTS%20AND%20DOCUMENTS/HUNTING/HARVEST%20REPORTS/deer/ 2018-Deer-Harvest-Report-web.pdf.

Vermont Fish and Wildlife Department. 2017 Vermont White-tailed Deer Harvest Report. Accessed June 25, 2020. https://vtfishandwildlife.com/sites/fishandwildlife/files/documents/Learn%20More/Librar y/REPORTS%20AND%20DOCUMENTS/HUNTING/HARVEST%20REPORTS/deer/2 017%20white-tailed%20deer%20harvest%20report.pdf.

Vermont Fish and Wildlife Department. 2020. Vermont Hunting & Trapping Guide.

Missisquoi NWR Environmental Assessment B-30

Vermont Fish and Wildlife Department. Vermont Coyote Population Report. January 15, 2018. Submitted to: Vermont Legislature House Committee on Natural Resources, Fish, and Wildlife, and Senate Committee on Natural Resources and Energy. Louis Porter, Commissioner.

Vermont Fish and Wildlife Department. 2020. Vermont Critter Fact Sheets (accessed April 24, 2020). https://vtfishandwildlife.com/learn-more/vermont-critters

White and Burke. 2014. Vermont Futures, Demographic Trends, Collective Actions, Economic Survival. Accessed July 2, 2020. https://whiteandburke.com/wp- content/uploads/2014/12/Vermont-Futures.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).

Missisquoi NWR Environmental Assessment B-31 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).

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