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Outdoor Recreation & Raptors Outdoor Recreation & Raptors A Guide to Adaptive Management under the Migratory Bird Treaty Act Outdoor Recreation & Raptors Outdoor Recreation & Raptors, a Guide to Adaptive Management under the Migratory Bird Treaty Act. Final Draft: August 7, 2019 ACKNOWLEDGMENTS For assistance with this publication special thanks to: Greg Orton - Southwest Oregon Climber’s Coalition, Dave Peterson - US Fish & Wildlife Service (retired) & Falconer; Baylor - Oregon Department of Fish & Wildlife Service; Erik Murdock - Access Fund Policy Director; Joe Sambataro - National Access Director & Northwest Regional Access Fund Director; Adam Nathan Ball - Portland Area Climber’s Coalition. 1 Outdoor Recreation & Raptors Outdoor Recreation & Raptors A Guide to Adaptive Management under the Migratory Bird Treaty Act This document may be used in the development of recreation policy and wildlife conservation measures on public lands. Specifically, this information relates to rock climbing and the protection of raptor species. Public land managers (federal, state, and local) may find that the information provided is useful as it explores the best-available science in the field of ornithology particularly in regards to Peregrine Falcons. Rock climbers, who recreate on public lands in close proximity to raptors federally protected under the Migratory Bird Treaty Act such as Peregrine Falcons, often experience access issues due to overly-restrictive public land closures. This guide provides land managers and recreation groups with scientific information necessary to alleviate conflicts that may arise between public access and needs set forth by agency conservation measures. Therefore, the goal of this document is to provide knowledge that may lead to the implementation of adaptive management practices that enable government officials to uphold the public trust as it relates to natural resources and recreation. The document contains a literature review of raptor-based science beginning in the 1960s into 2019, as well as Questions to be asked at the end of each section that may assist adaptively to manage the uncertainties of managing recreation and raptors. A beta electronic workbook that accompanies this document is in development, available upon request. 2 Outdoor Recreation & Raptors Contents INTRODUCTION ............................................................................................................................................. 5 LAW and POLICY ............................................................................................................................................ 6 Permited Take ...................................................................................................................................... 7 Conclusion ............................................................................................................................................ 7 EYRIE ASSESSMENT of SITE RESILIENCY ........................................................................................................ 9 Cliff Characteristics ................................................................................................................................. 12 Density Class ........................................................................................................................................... 17 Questions to be asked: ........................................................................................................................ 20 Summary: ........................................................................................................................................... 20 RESILIENCY to ACTIVITY .............................................................................................................................. 22 Four Determinants of Resiliency ......................................................................................................... 24 Questions to be asked: ........................................................................................................................ 26 Summary: ........................................................................................................................................... 27 RESPONSE SENSITIVITY ............................................................................................................................... 28 VISUAL & AUDIO DETERMINATIONS ....................................................................................................... 29 Viewshed Management ...................................................................................................................... 30 Questions to be asked: ........................................................................................................................ 33 Summary: ........................................................................................................................................... 34 SEASONAL SENSITIVITY ............................................................................................................................... 35 Questions to be asked: ........................................................................................................................ 38 Summary: ........................................................................................................................................... 38 ADAPTIVE MANAGEMENT .......................................................................................................................... 39 Questions to be asked: ........................................................................................................................ 42 Summary: ........................................................................................................................................... 42 MONITORING .......................................................................................................................................... 43 Validation - ......................................................................................................................................... 43 Question to be asked:.......................................................................................................................... 45 Climatic Influences – ......................................................................................................................... 45 Question to be asked:.......................................................................................................................... 45 Toxin Bioaccumulation – .................................................................................................................. 46 Infectious Diseases – ......................................................................................................................... 46 3 Outdoor Recreation & Raptors Question to be asked:.......................................................................................................................... 46 Summary: ........................................................................................................................................... 47 DEFINITIONS ................................................................................................................................................ 47 APPENDIX A.1: Workbook TUTORIAL .......................................................................................................... 50 APPENDIX A.2: Workbook WORKSHEETS.................................................................................................... 57 REFERENCES ................................................................................................................................................ 62 Congressional Acts ............................................................................................................................ 62 Case Law ............................................................................................................................................. 62 Opinions and Executive Orders ........................................................................................................ 62 Literature ............................................................................................................................................ 63 4 Outdoor Recreation & Raptors INTRODUCTION Falconry has introduced many of America’s first climbers to the sport of climbing (Aulman 1992, Patagonia 2018, Sellinger & Disharoon 2018). By 2017, more than 1 million people throughout the United States were engaged in some form of outdoor rock climbing. Rock climbing’s increased popularity coincides with a remarkable population growth of once-endangered raptor species that inhabit our climbing areas. This nexus between recreation and wildlife has resulted in conflicts despite climbers’ pivotal role in recovering the Peregrine from the brink of extinction (Ratcliffe 1993:170). Buffer zones have been routinely prescribed in management plans in the US since 1963 (Mathisen 1968). A “buffer zone” is defined as the minimum area around a nest that must be kept free of human intrusion to prevent harmful effects associated with disturbance. Work by Stalmaster and Newman (1978) on Bald Eagle habitat utilization recommended buffer zones as particularly useful during sensitive times of the year (Olendorff et al. 1980). Since 1997, the most common approach to managing Peregrines in the Western
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