Nestucca Bay National Wildlife Refuge Draft Fishing Plan
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Nestucca Bay National Wildlife Refuge Draft Fishing Plan June 2019 U.S. Fish and Wildlife Service Nestucca Bay National Wildlife Refuge 7000 Christensen Road Cloverdale, OR 97112 Tillamook County 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……………………………...………………………………………...4 II. Statement of Objectives…………………..……………………………………….6 III. Description of Fishing Program……………………………………………….....8 A. Areas to be Opened to Fishing…………………………………...8 B. Species to be Taken, Fishing Periods, Fishing Access……….....10 C. Fishing Permit Requirements............................................………10 D. Consultation and Coordination with the State……….…………..10 E. Law Enforcement………………………………………………...11 F. Funding and Staffing Requirements …………………………….12 IV. Conduct of the Fishing Program….………………………………………………13 A. Fishing Permit Application, Selection, and/or Registration Procedures.………………………………………………………..13 B. Refuge-Specific Regulations …………………………………..…13 C. Relevant State Regulations …………………………………….…13 D. Other Refuge Rules and Regulations for Fishing....………………13 V. Public Engagement A. Outreach Plan for Announcing and Publicizing the Fishing Program…………………………………………………………...14 B. Anticipated Public Reaction to the Fishing Program …………….14 C. How the Public Will be Informed of Relevant Rules and Regulations ……………………………………………………….14 Nestucca Bay NWR Draft Fishing Plan Page 2 June 2019 VI. Compatibility Determination……………………………………………………..14 References References ……………………………………………………………………….15 Appendices Appendix A: Compatibility Determination……….……………………...……………………………………17 List of Tables Table 1. Cost to administer a fishing program at Nestucca Bay NWR……………………………………………………………………………..12 List of Figures Map A. Nestucca Bay National Wildlife Refuge, Fishing Access Locations ……………………………………………………………………………………9 Nestucca Bay NWR Draft Fishing Plan Page 3 June 2019 NESTUCCA BAY NATIONAL WILDLIFE REFUGE DRAFT FISHING PLAN I. Introduction National Wildlife Refuges are guided by the mission and goals of the National Wildlife Refuge System (NWRS), the purposes of an individual refuge, United States Fish and Wildlife Service (hereinafter referred to as the Service or USFWS, interchangeable) policy, and laws and international treaties. Relevant guidance includes the National Wildlife Refuge System Administration Act of 1966, as amended by the National Wildlife 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. Nestucca Bay NWR was established in 1991 under the authority of the Endangered Species Act of 1973, as amended (16 U.S.C. 1532-1544, 87 Stat. 884); the Fish and Wildlife Act of 1956, as amended (16 U.S.C. 742(a)-754); the Migratory Bird Conservation Act of 1929 (16 U.S.C. 715- 715d); the Consolidated Farm and Rural Development Act [7 U.S.C. 2002]; and the Emergency Wetlands Resources Act of 1986 [16 U.S.C. 3901(b), 100 Stat. 3583]. The purposes of the refuge are: “to conserve (a) fish or wildlife which are listed as endangered species or threatened species…or (b) plants” [16 U.S.C. 1534 (Endangered Species Act of 1973)]. “for the development, advancement, management, conservation, and protection of fish and wildlife resources” [U.S.C. 742f(a)(4)]…“for the benefit of the United States Fish and Wildlife Service, in performing its activities and services. Such acceptance may be subject to the terms of any restrictive or affirmative covenant, or condition of servitude” [16 U.S.C. 742f (b)(1) (Fish and Wildlife Act of 1956)]. “for use as an inviolate sanctuary, or for any other management purpose, for migratory birds” [16 U.S.C. 715d (Migratory Bird Conservation Act)]. “for conservation purposes” [7 U.S.C. 2002 (Consolidated Farm and Rural Development Act)]. for “the conservation of the wetlands of the Nation in order to maintain the public benefits they provide and to fulfill international obligations contained in various migratory bird treaties and conventions” [16 U.S.C. 3901(b), 100 Stat. 3583 (Emergency Wetlands Resources Act of 1986)]. Nestucca Bay NWR was established in 1991 with the acquisition of a 370-acre dairy farm and has since expanded to 1,206 acres, with an additional 2,300 acres of private and state inholdings within the approved refuge boundary. The refuge was established to protect wintering habitat for the Aleutian cackling goose, which was listed as endangered in 1967 and delisted in 2001, and for the declining dusky Canada goose; and to protect diverse coastal wetland habitats and upland habitat buffers for a variety of migratory waterfowl, shorebirds, raptors, songbirds, anadromous fish, and other wildlife. The refuge was expanded in 2013 with the addition of 193 acres now Nestucca Bay NWR Draft Fishing Plan Page 4 June 2019 known as the Two Rivers Peninsula. Nestucca Bay NWR provides important wintering habitat for the formerly endangered Aleutian cackling goose and serves as an important overwintering site for up to 18 percent of the declining population of the dusky Canada goose. Other subspecies of white-cheeked geese also use refuge managed pastures. The freshwater wetlands and estuarine habitats support thousands of migratory waterfowl and shorebirds. The riverine and estuarine habitats provide essential habitat for Chinook salmon, coho salmon, chum salmon, steelhead trout, and coastal cutthroat trout. Federally listed species utilizing Nestucca Bay NWR are the Oregon Coast Evolutionary Significant Unit (ESU) of the coho salmon (Threatened); the Southern Distinct Population Segment (DPS) of the Pacific smelt (eulachon) (Threatened); and the Southern DPS of the green sturgeon (Threatened), and the Oregon silverspot butterfly (Threatened). Mammals such as marsh shrews, Oregon voles, muskrats, beaver, mink, river otters, and raccoons are common in the marshes and wetter pastures, and harbor seals forage over flooded tidal flats. Black-tailed deer and to a lesser extent Roosevelt elk graze the marsh and pasture grasses. Riparian forest patches and the valley’s forested wetlands support small mammals as well as many amphibians and reptiles such as long-toed and Pacific giant salamanders, rough-skinned newts, Pacific tree frogs, and garter snakes. Forested areas on this refuge are used as breeding habitat by neotropical songbirds. For visitors to the area, Nestucca Bay Refuge offers visitors sweeping ocean views from the iconic headland. Nature trails, accessible viewing decks, and interpretive panels ensure a rewarding experience for all visitors. The mission of the NWRS, as outlined by the National Wildlife Refuge System Administration Act (NWRSAA), as amended by the National Wildlife Refuge System Improvement Act of 1997 (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 NWRS; ● Ensure that the biological integrity, diversity, and environmental health of the NWRS are maintained for the benefit of present and future generations of Americans; ● Ensure that the mission of the NWRS 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 the refuges including the state fish and wildlife agency in which the units of the NWRS are located; Nestucca Bay NWR Draft Fishing Plan Page 5 June 2019 ● Assist in the maintenance of adequate water quantity and water quality to fulfill the mission of the NWRS and the purposes of each refuge; ● Recognize compatible wildlife-dependent recreational uses as the priority general public uses of the NWRS through which the American public can develop an appreciation for fish and wildlife; ● Ensure that opportunities are provided within the NWRS for compatible wildlife- dependent recreational uses; and ● Monitor the status and trends of fish, wildlife, and plants in each refuge. Therefore, it is a priority of the Service to provide for wildlife-dependent recreation opportunities, including hunting and fishing, when those opportunities are compatible with the purposes for which the refuge was established and the mission of the National Wildlife Refuge System. There has been no historical fishing program previously established on Nestucca Bay NWR. Fishing from boats occurs in waters adjacent to the refuge, and access through the refuge to clamming areas on state lands is allowed. Providing opportunities for fishing and clamming was identified in goals, objectives, and strategies of the refuge’s Comprehensive Conservation Plan (CCP; USFWS 2013). This Fishing Plan compliments the CCP and proposes to open the refuge to fishing and clamming for the first time. Recreational fishing is a popular sport off-refuge on the navigable waters of both the Nestucca and Little Nestucca Rivers and Nestucca Bay from boats, and also