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

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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

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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

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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;

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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 from the banks of the rivers and bay, on private lands. Clamming is also allowed on state-owned tidelands adjacent to the refuge on the west side of U.S. Highway 101 at Brooten Marsh. The Nestucca watershed provides good opportunities for catching Chinook salmon, steelhead and sea-run cutthroat trout.

The Oregon Department of Fish and Wildlife (ODFW) is responsible for managing Oregon’s fish and fisheries for the use and enjoyment of present and future Oregonians. In 2009, ODFW completed a 25-Year Angling Enhancement Plan (ODFW 2009a). The Service’s authorization of bank fishing at Nestucca Bay NWR is in compliance and consistent with the ODFW 25-Year Angling Enhancement Plan. For fish species such as salmon, steelhead, and sturgeon, ODFW works closely with state and federal agencies to set regulations that protect native species and allow for equitable harvest opportunities. ODFW’s recreational fisheries enhancement directive, per the 25-Year Angling Enhancement Plan, is to enhance, develop, and promote diverse and productive recreational fishing opportunities that are consistent with the conservation needs of native species, provide balanced economic and social benefits, and connect Oregonians with fish, water and the outdoors.

II. Statement of Objectives

In 2013, the CCP for the Nestucca Bay NWR was approved (USFWS 2013). The CCP addressed future management of the refuge, including providing opportunities for wildlife-dependent

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June 2019 recreation (hunting, fishing, wildlife observation and photography, environmental education, and interpretation). In 2013, the 193-acre Two Rivers Unit was acquired by the Service. The CCP was amended in 2018 to implement management strategies for this unit, and open the unit to wildlife-dependent recreation: wildlife observation, photography, environmental education, and interpretation (USFWS 2018). This Fishing Plan is a step down plan of the CCP, as amended, and as such contains more detailed information describing the fishing program on the refuge. Specific strategies identified in the CCP are carried forward in this Fishing Plan, with minor modifications expanding the area open to clamming and bank fishing.

Fishing is consistent with the refuge’s CCP’s goal of providing and managing “safe, enjoyable, and quality hunting and fishing opportunities for people of varying ages and resources that further the tradition of wildlife conservation and stewardship,” and the CCP objective of providing “opportunities for visitors to clam and fish from refuge lands in accordance with state fishing regulations, while minimizing impacts to other resources.” The CCP states that the refuge would provide fishing opportunities for people who do not own or have access to a boat.

Fishing Plan Goals Goal 1: Provide diverse, stable, and productive angling opportunities. The Service strives to complement ODFW’s goals which seeks to maintain and restore naturally-produced fish populations to provide opportunities for consumptive and non-consumptive recreational fisheries and to manage non-native fish and hatchery-based fisheries to optimize user benefits. ODFW is working to increase opportunities for fishing by increasing the quality and quantity of fisheries in Oregon, and access to those fisheries.

Goal 2: Increase angling participation. Diverse, stable and productive angling opportunities are the basis for increased angling participation. ODFW must work to increase the number of Oregonians and others participating in these fisheries. ODFW’s goal is to both retain Oregon’s current angler base and to recruit new anglers, especially young people. Programs should foster life-long participation in fishing and the outdoors based on simple, easily available opportunities and skills that can be learned at any age (ODFW 2009).

Fishing Plan Objective The objective of a fishing program on Nestucca Bay NWR is to provide opportunities for visitors to fish from refuge lands in accordance with NWRS goals and ODFW fishing regulations.

The program will:  Include clear and concise regulations that are readily available to visitors on the refuge website;  Pose minimal conflict with overall wildlife and habitat objectives;  Pose minimal conflict with other priority public use activities; and  Provide a quality fishing program that provides opportunities for visitors to clam and bank fish from or on refuge lands.

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June 2019 Fishing Plan Strategies: a. Allow anglers to bank fish along the northern dike of the Little Nestucca River, within the southern portion of the Little Nestucca Restoration Area. b. Develop a parking area along Highway 130/Little Nestucca River Road for anglers to have walk-in access to the dike along the Little Nestucca River. The parking lot is on the east side of the Little Nestucca River Restoration site. To ensure maximum access throughout frequent winter inundation, maintain a primitive mowed pedestrian trail from the parking area to the dike. c. Allow anglers to bank fish in Nestucca Bay from a designated location in the NW section of the Two Rivers Peninsula. d. Improve a designated bank fishing location in the NW section of the Two Rivers Peninsula where anglers can most easily access the bay for fishing. e. Allow clamming at the mouth of the Little Nestucca River and within the Brooten Marsh Unit. f. Continue providing access to clamming beds on state owned lands within and adjacent to the Brooten Marsh Unit. g. At all locations where bank fishing is allowed, provide fishing line recycling containers for anglers to discard their used monofilament line. h. Allow boat access to shoreline fishing and clamming areas.

III. Description of Fishing Program

A. Areas to be Opened to Fishing

Bank fishing would occur from the approximately 3/4-mile-long dike along the Little Nestucca River on the Little Nestucca Restoration Area, bounded by US Hwy 101 to the west, the Little Nestucca river to the south, and the pedestrian trail from the parking area on State Hwy 130 on the east; and from approximately 1/4 mile of shoreline on the NW section of the Two Rivers Unit (on the western shore of the peninsula). Clamming and fishing would occur in the Brooten Marsh Unit (100 acres), bounded by Brooten Road to the north and east, Nestucca Bay to the south, and the Nestucca River to the west; and on 30 acres of mudflats at the mouth of the Little Nestucca River, to the west of where that river empties into Nestucca Bay. See attached map.

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June 2019 Map A – Nestucca Bay National Wildlife Refuge, Fishing Access Locations

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June 2019 B. Species to be Taken, Fishing Periods, Fishing Access

FISHING: Anglers are required to comply with species and take limits in ODFW fishing regulations. The areas will be open for anglers to access year-round, during daylight hours only. Anglers will access the Little Nestucca River dike by walking south to the river from an improved parking area along Highway 130/Little Nestucca River Road. They will access the designated bank fishing location in the NW section of the Two Rivers Peninsula by parking in the upper parking lot of the Nestucca Bay Refuge and walking in along the Two Rivers Nature Trail. Anglers must walk to bank fishing areas from parking areas provided by the refuge, or boat in to bank fishing sites from local boat launches.

CLAMMING: Visitors are required to comply with species and take limits in ODFW fishing regulations. The Service’s intent is to provide an opportunity for visitors to harvest softshell clams; however, the harvest of marine invertebrates for bait (e.g., sand and mole crabs, kelp and sand worms, mud and ghost shrimp) is included within the term “clamming.” Clams and other invertebrates may be harvested by hand or by the use of ashovel, clam gun, or tube. Clam guns are aluminum or PVC pipe suction devices. Clamming areas will be open to access year round (subject to Oregon Department of Agriculture (ODA) and ODFW shell fishing safety closures), during daylight hours only. Visitors will access Brooten Marsh by walking in from a pull-out along county-maintained Brooten Road or by boat. Clamming at the mouth of the Little Nestucca River is allowed via boat access only. All areas open to clamming are also open to fishing.

C. Fishing Permit Requirements

Anglers who are eligible to fish under Oregon law are eligible to fish on refuge units. They must obtain an Oregon fishing license and follow Oregon state laws, limits, and regulations.

D. Consultation and Coordination with the State

The Service reviewed any applicable state fishing regulations and the operations and regulations for neighboring state wildlife management areas and refuges to ensure consistency where possible. The Service first reached out to the State of Oregon in 2010 to discuss opportunities of a Fishing Plan. Coordination occurred with the local State biologist and conservation officers early in the development of the plan as part of the CCP preplanning efforts. In 2016, the Service invited the State district office that covers the refuge to help adjust the plan to ensure it is aligned, where possible, with state management goals. We specifically asked the State of Oregon if they could include the refuge in the state fishing regulations program to ensure consistency and reduce operation costs. The Oregon State district office reviewed and concurred with the refuge plans on January 16, 2019. We have continued to consult and coordinate on specific aspects of the fishing plan with both ODFW and the Confederated Tribes of the Siletz Indians. They are in agreement with the refuge’s Fishing Plan, as it will help meet state objectives.

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June 2019 As part of preplanning for the CCP, a Visitor Services Review for Nestucca Bay NWR was held on the refuge on April 14, 2010, with Service staff from the Regional Office and Oregon Coast NWR Complex, and public use specialists from Oregon Parks and Recreation Department, Oregon State Police and Oregon Department of Fish and Wildlife. A background document including existing uses and visitor facilities was provided to participants prior to the Visitor Services Review. The participants’ input was used by the CCP planning team to assess past, current, and future public use management issues and develop CCP goals, objectives, and strategies. During the Visitor Services Review, ODFW expressed strong support for the development of bank fishing access along the Little Nestucca River. This was incorporated into the CCP. On October 21, 2014, Service staff met with fisheries biologists from the ODFW to identify locations to provide access for anglers at Nestucca Bay Refuge. Providing opportunity for clamming on Brooten Marsh and at the mouth of the Little Nestucca River, and access to bank fishing opportunities along the Little Nestucca River and Nestucca Bay, is consistent with and supports the ODFW sport-fishing program. Additional coordination with ODFW occurred in December 2018 and January 2019, during the preparation of this plan.

In summary, the Oregon Coastal National Wildlife Refuge Complex:

 Coordinated with ODFW Tillamook District office on development of access and regulations from 2016-2018;  Will utilize ODFW specifications of design and materials for fishing line-recycling containers; and  Will continue to coordinate with Oregon State police and ODFW district office to work together to ensure safe and enjoyable recreational fishing opportunities. Fishing participation and harvest data are collected by the state and law enforcement officers.

E. Law Enforcement

Enforcement of refuge violations normally associated with management of a National Wildlife Refuge is the responsibility of commissioned Federal Wildlife Officers. Other officers, Special Agents, state game wardens, and the local Sheriff’s Department may assist the refuge’s full time federal wildlife officer.

The following methods are used to control and enforce hunting regulations:  Refuge and fishing area boundaries will be clearly posted;  The refuge will provide a brochure that shows fishing and clamming areas; and  Oregon Coast NWR Complex law enforcement staff will randomly check anglers and clammers for compliance with federal and state laws.

The refuge shares a Fish and Wildlife Officer with the Willamette Valley Refuges. The officer will conduct patrols on a regular basis to ensure compliance with state, federal, and refuge regulations. The refuge law enforcement officer will also monitor and collect data on fishing activities in the field

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June 2019 to ensure it does not interfere with other wildlife-dependent uses. If necessary, the program will be modified accordingly.

The refuge will post fishing and clamming regulations on the refuge website, refuge information kiosks, and in refuge offices. A tear sheet will be provided at refuge kiosks, at the refuge office and available for downloading on the refuge website.

F. Funding and Staffing Requirements

There will be costs associated with the development of infrastructure to support bank fishing and clamming at Nestucca Bay NWR. Following the development and approval of a fishing opening package, initial improvement costs will include the improvement of a gravel parking lot along Highway 130 and repair and maintenance of a primitive trail. An informational kiosk will also be built and placed along Highway 130 to share information on fishing access and refuge rules and regulations. Facilities developed to serve wildlife observation and photography on the Two Rivers Unit will also support bank fishing.

Annual costs to administer the fishing program at Nestucca Bay NWR, including salary, equipment, law enforcement, brochures, and maintenance, totals approximately $12,500. Expenses will consist primarily of posting and maintaining “Public Fishing Area” signs, maintenance of the trail and parking lot, law enforcement patrols, retrieval of monofilament line deposited in waste containers, and production and dissemination of materials regarding fishing access and regulations.

Table 1. Costs to Administer a Fishing Program at Nestucca Bay NWR Activity or Project One-time Expense Recurring (Annual) Expense Develop fishing opening package $5,000 Build a small gravel parking lot on the Little Nestucca Restoration $50,000 $2,000 Area Repair and maintain the pedestrian trail along the dike at the Little $5,600 $2,000 Nestucca Restoration Area Informational Kiosk $2,800 Law Enforcement patrols $3,500 Brochures, signs, posters $1,000 $500 Maintenance $2,000 Staff $2,500 Total $64,400 $12,500

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June 2019 IV. Conduct of the Fishing Program

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

No special application or registration process is required.

B. Refuge-Specific Fishing Regulations

Listed below are refuge-specific regulations that pertain to fishing on Nestucca Bay NWR as of the date of this plan. These regulations may be modified as conditions change or if refuge expansion continues.

Sport Fishing. We allow sport fishing and shellfishing on designated areas of the refuge.

C. Relevant State Regulations

Applicable State regulations can be found at: http://www.eregulations.com/oregon/fishing/northwest-zone/ http://www.eregulations.com/oregon/fishing/marine-zone/

Shellfish: Shellfish Public Health Advisories (Oregon Dept. of Agriculture): 1. Harvest of any species with a shellfish public health advisory will be closed immediately within the area specified and will remain closed until the advisory is removed.

D. Other Refuge Rules and Regulations for Fishing

● Camping, overnight use, and fires are prohibited. ● Fishing on refuge lands is allowed seven days per week, during daylight hours only. ● Foot access to bank fishing areas is by established trails only. Anglers and clam diggers accessing refuge lands by boat must use established boat launch areas. They may moor boats within open areas of the refuge while fishing or clamming. ● Pets are prohibited on the refuge.

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June 2019 V. Public Engagement

A. Outreach for Announcing and Publicizing the Fishing Program

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 fishing seasons. In addition, information about fishing will be available at Oregon Coast NWRC headquarters or on the Nestucca Bay NWR website www.fws.gov/refuge/Nestucca_Bay/.

B. Anticipated Public Reaction to the Fishing Program

Wildlife-dependent recreational uses, including fishing, received consideration during development of the CCP. A Facilities Review was conducted to provide insight and conceptual plans for the future of administrative and visitor facilities at Nestucca Bay NWR. In 2017, the Service consulted with ODFW Tillamook fisheries office, adjacent landowners, the Nestucca Neskowin Watershed Council, Oregon Department of Transportation, and Tillamook Anglers association regarding proposed fishing opportunities and the development of new access facilities at NBNWR previously described in the CCP. All of these groups and individuals expressed support for the proposed use and facilities associated with fishing access. Therefore, the Service does not anticipate any controversy as a result of opening this use on Nestucca Bay NWR.

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

General information regarding fishing and other wildlife-dependent public uses can be obtained at Oregon Coast NWRC headquarters at 2127 SE Marin Science Drive, Newport, OR 97365 or by calling (541) 867-4550. Maps and regulations (Tear Sheet) will be available on the station website at: www.fws.gov/refuge/Nestucca_Bay/map.html, the Refuge Headquarters, and on Nestucca Bay NWR information kiosks. The 2019 Oregon Sport fishing Regulations can be found at www.eregulations.com/oregon/fishing/general-statewide-regulations/# or call the Refuge Manager at (541) 867-4550.

VI. Compatibility Determination

Fishing and all associated program activities proposed in this plan are compatible with the purposes of the refuge. See Appendix A, Draft Nestucca Bay NWR Compatibility Determination: Fishing and Clamming.

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June 2019 References

Bell, D.V. and L.W. Austin. 1985. The game-fishing season and its effects on overwintering wildfowl. Biological Conservation 33:65-80.

Bouffard, S.H. 1982. Wildlife values versus human recreation: Ruby Lake National Wildlife Refuge. Transactions of the North American Wildlife and Natural Resources Conference 47:553-556.

Cooke, A.S. 1987. Disturbance by anglers of birds at Grafham Water. Pages 15-22 in: P.S. Maitland and A.K. Turner, eds. Angling and wildlife in fresh waters. ITE Symposium 19.

Edwards, R.W. and D.V. Bell. 1985. Fishing in troubled waters. New Science 1446(7 March):19-21.

Jahn, L.R. and R.A. Hunt. 1964. Duck and coot ecology and management in Wisconsin. Technical Bulletin No. 33. Wisconsin Conservation Department. Madison, WI. 212 pp.

Liddle, M.J. and H.R.A. Scorgie. 1980. The effects of recreation on freshwater plants and animals: a review. Biological Conservation 17:183-206.

NMFS (National Marine Fisheries Service). 2009. Letter from Barry Thom, NMFS, to Ed Bowles, ODFW, dated September 1, 2009, concurring with ODFW’s “Oregon Coastal Coho, Coastal Rivers Coho Sports Fishery” Fisheries Management and Evaluation Plan under limit 4 of the 4(d) rule. Northwest Region, Salmon Management Division, Roseburg, Oregon.

ODFW (Oregon Department of Fish and Wildlife). 2009. Fisheries management and evaluation plan: Oregon coastal coho, coastal rivers coho sports fishery. Available at: http://www.nwr.noaa.gov/Salmon-Harvest-Hatcheries/State-Tribal- Management/upload/FMEP-OCC-coastal-rivers-final.pdf. Accessed March 2, 2012.

PFMC (Pacific Fisheries Management Council). 1999. Final amendment 13 to the Pacific Coast salmon plan. National Oceanic and Atmospheric Administration Award Number NA97FC0031. Available at: http://www.pcouncil.org/wp-content/uploads/finala13.pdf. Accessed March 2, 2012.

Ratti, J.T. and Reese, K.P. 1988 Preliminary test of the ecological trap hypothesis, Journal of Wildlife Management, 52, 484-491.

Tuite, C.H., M. Owen, and D. Paynther. 1983. Interaction between wildfowl and recreation at Llangorse Lake and Talybont Reservoir, South Wales. Wildfowl 34:48-63.

Tydeman, C.F. 1977. The importance of the close fishing season to breeding bird communities. Journal of Environmental Management 5:289-296. Nestucca Bay NWR Draft Fishing Plan Page 15

June 2019 USFWS (U.S. Fish and Wildlife Service). 2013. Nestucca Bay National Wildlife Refuge Comprehensive Conservation Plan (CCP).

USFWS (U.S. Fish and Wildlife Service). 2018. Environmental Action Statement for Categorical Exclusion (Amendment to the Nestucca Bay National Wildlife Refuge Comprehensive Conservation Plan). On file at Oregon Coast National Wildlife Refuge Complex Headquarters, Newport, OR.

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June 2019 Appendix A

Draft Compatibility Determination for Fishing and Clamming Nestucca Bay NWR

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June 2019 Appendix A. Draft Compatibility Determination for Fishing and Clamming at Nestucca Bay NWR

Use: Fishing and Clamming

Refuge Name: Nestucca Bay National Wildlife Refuge

County and State: Tillamook County, Oregon

Establishing and Acquisition Authorities:

Refuge Purpose(s):

• “to conserve (a) fish or wildlife which are listed as endangered species or threatened species…or (b) plants” [16 U.S.C. 1534 (Endangered Species Act of 1973)]; • “for the development, advancement, management, conservation, and protection of fish and wildlife resources” [U.S.C. 742f(a)(4)]…“for the benefit of the United States Fish and Wildlife Service, in performing its activities and services. Such acceptance may be subject to the terms of any restrictive or affirmative covenant, or condition of servitude” [16 U.S.C. 742f (b)(1) (Fish and Wildlife Act of 1956)]; • “for use as an inviolate sanctuary, or for any other management purpose, for migratory birds” [16 U.S.C. 715d (Migratory Bird Conservation Act)]; • “for conservation purposes” [7 U.S.C. 2002 (Consolidated Farm and Rural Development Act)]; and • for “the conservation of the wetlands of the Nation in order to maintain the public benefits they provide and to fulfill international obligations contained in various migratory bird treaties and conventions” [16 U.S.C. 3901(b), 100 Stat. 3583 (Emergency Wetlands Resources Act of 1986)].

Description of Use:

The National Wildlife Refuge System Improvement Act of 1997 defined six wildlife-dependent recreational uses and required that they receive priority consideration in refuge planning when they are appropriate and compatible with the refuge mission. Fishing is one of the six wildlife-dependent recreational uses. Because there is often substantial overlap between activities associated with bank fishing and clamming, they will be evaluated together in this compatibility determination.

Under the management direction described in the United States Fish and Wildlife Service (hereafter referred to as the Service or USFWS, interchangeable) Comprehensive Conservation Plan (CCP) for Nestucca Bay NWR (2013, amended in 2018), the Service would allow year-round access to recreational bank fishing from refuge lands adjacent to the Little Nestucca River and Nestucca Bay

Nestucca Bay NWR Draft Compatibility Determination 1 June 2019 from the shoreline of the Two Rivers Unit. The Service would also allow clamming at the mouth of the Little Nestucca River and Brooten Marsh. All recreational fishing and clamming on refuge lands would be conducted in accordance with state, federal, and refuge-specific regulations and seasons to ensure that it will not interfere with the conservation of fish and wildlife and their habitats, or conflict with other public use programs.

To date, there has been no fishing program established on Nestucca Bay NWR. However, recreational fishing is a popular sport off-refuge on the navigable waters of both the Little Nestucca River and the Nestucca River from boats, and also on the rivers’ banks from private lands. Under the fishing plan for Nestucca Bay NWR, the refuge would be opened to recreational fishing and clamming. In 2013, the 193-acre Two Rivers Unit was acquired by the Service. The CCP was amended in 2018 to include public use facilities and programs for this unit. In the 2019 Draft Fishing Plan, allowing access to the shoreline of the Two Rivers Unit to bank fishing is proposed. Allowing access to bank fishing along the north dike of the Little Nestucca Restoration Area and on the northwest shoreline of the Two Rivers Peninsula would increase opportunities for fishing in this area and provide a fishing opportunity for people who do not own or have access to a boat.

Anglers would access the dike along the Little Nestucca River by walking south to the river from an improved parking area along Highway 130/Little Nestucca River Road. They would access the designated location in the NW section of the Two Rivers Peninsula by parking in the upper parking lot of the Nestucca Bay Refuge and walking in along the Two Rivers Nature Trail. The areas would be open for anglers to access during daylight hours only. Anglers may also access bank fishing areas by boat, and may moor or land boats at these locations. Camping, overnight use, and fires would be prohibited. All pets are prohibited on Nestucca Bay NWR to limit wildlife disturbance.

At the east end of the Little Nestucca Restoration Area, the Service would improve access for anglers by expanding and enhancing an existing gravel pullout along Highway 130/Little Nestucca River Road. The Service would also maintain a primitive, 0.2 mile pedestrian trail along the existing dike to allow safe travel to the bank of the Little Nestucca River. Anglers interested in bank fishing on Nestucca Bay from Refuge lands would be allowed to do so within an improved area located in the northwest section of the Two Rivers Peninsula.

The Service would provide containers for anglers to discard their used monofilament line. Anglers would be permitted to use pole and line or rod and reel while bank fishing, and under Oregon Department of Fish and Wildlife (ODFW) regulations for fishing in bays and tidelands, anglers would be allowed to use either bait or artificial lures.

Brooten Marsh is an approximately 108-acre salt marsh located where the Nestucca River joins the Little Nestucca River. Most of the marsh is Service owned; however, a small portion of the marsh, and tidelands adjacent to the marsh, are owned by the state. Clamming and fishing is allowed on state-owned tidelands adjacent to the Refuge lands on the west side of U.S. Highway 101 , within and adjacent to Brooten Marsh. The Service allows access to state owned lands through Brooten Marsh. The Service proposes to open the entire mudflat habitat within and adjacent to the Brooten Marsh to clamming and fishing. Clammers and anglers would access the marsh by walking in from a pull-out along county-maintained Brooten Road, or by boat. We also propose to allow clamming and fishing on mudflats at the mouth of the Little Nestucca River. Access to this area would be by boat only.

Nestucca Bay NWR Draft Compatibility Determination 2 June 2019 The intent of opening portions of the refuge to clamming is to provide an opportunity for visitors to harvest softshell clams. Clams may be harvested by hand or by digging with a hand shovel, clam gun or tube (i.e., aluminum or PVC pipe suction device). In addition to the harvest of clams, the harvest of marine invertebrates for bait (e.g., sand and mole crabs, kelp and sand worms, mud and ghost shrimp) is included within the term “clamming.” Providing opportunities for clamming on Brooten Marsh and at the mouth of the Little Nestucca River, and fishing from the banks of the Little Nestucca River and the shore of Nestucca Bay from the Refuge’s Two Rivers Unit, is consistent with and supports the ODFW sport-fishing program.

Anglers must comply with all state and federal regulations regarding fishing and clamming including provisions outlined in the Code of Federal Regulations (50 CFR 32.5).

Availability of Resources:

There would be costs associated with the development of infrastructure to support bank fishing and clamming at Nestucca Bay NWR. Following the development and approval of a Fishing Opening Package, initial improvement costs will include the improvement of a gravel parking lot along Highway 130 and repair and maintenance of a primitive trail. An informational kiosk would also be built and placed along Highway 130 to share information on fishing access and refuge rules and regulations. Facilities developed to serve wildlife observation and photography on the Two Rivers Unit would also support bank fishing.

Once infrastructure is in place the annual cost related to management of a fishing program at Nestucca Bay NWR would be minimal. Expenses would consist primarily of posting and maintaining “Public Fishing Area” signs, maintenance of the trail and parking lot, law enforcement patrols, retrieval of monofilament line deposited in waste containers, and production and dissemination of materials regarding fishing access and regulations. There are currently enough funds in refuge operations to implement this program.

Costs to Administer a Fishing Program at Nestucca Bay NWR under the CCP’s Management Direction Activity or Project One-time Expense Recurring (Annual) Expense Develop fishing opening package $5,000 Build a small gravel parking lot on the Little Nestucca Restoration $50,000 $2,000 Area Repair and maintain the pedestrian trail along the dike at the Little $5,600 $2,000 Nestucca Restoration Area Informational Kiosk $2,800 Law Enforcement patrols $3,500 Brochures, signs, posters $1,000 $500 Maintenance $2,000 Staff $2,500 Total $64,400 $12,500

Nestucca Bay NWR Draft Compatibility Determination 3 June 2019 Anticipated Impacts of the Use(s):

The Service is committed to providing quality opportunities for fish and wildlife-oriented recreation at Nestucca Bay NWR. As part of the Service mission and refuge goals, all six of the NWRS’ priority wildlife-dependent uses are offered at Nestucca Bay NWR. Analyses for potential impacts of bank fishing and clamming were conducted during the development of the CCP and Environmental Assessment, and the Compatibility Determination (CD) for fishing (USFWS, 2013, amended 2018) which is hereby incorporated by reference to this CD. A summary of findings is presented here.

Impacts to Wildlife and Habitat: Fishing, when practiced as a solitary and stationary activity, tends to be less disturbing to wildlife than hunting or motorized boating (Tuite et al. 1983). Direct habitat impacts include a certain amount of litter and general garbage left at fishing sites. Installation and use of designated parking areas and access trails can decrease impacts to vegetation and soil adjacent to fishing areas, by concentrating visitors on hardened surfaces.

It is anticipated that fishing and clamming will cause minor and localized disturbance to birds and other wildlife using refuge mudflats and tidal marsh. Fishing activities may influence the composition of bird communities, as well as distribution, abundance, and productivity of waterbirds (Tydeman 1977, Bouffard 1982, Bell and Austin 1985, Edwards and Bell 1985, and Cooke 1987). Additionally, increases in angler presence and associated shoreline activity discourages waterfowl from using otherwise suitable habitat (Jahn and Hunt 1964). Shoreline activities, such as human noise, could cause some birds to flush and go elsewhere. In addition, vegetation trampling and illegal deposition of human waste are expected to occur (Liddle and Scorgie 1980). Disturbance of riparian vegetation and impacts to bank stability and water quality can result from high levels of bank fishing activities.

Brooten Marsh is a wide-open expanse of mudflat, low tidal marsh vegetation, and copious amounts of large woody debris. Impacts of clamming on birds is expected to be minimal due to the dispersed nature of bird usage. Since birds can easily move to a point further out in the tide flats and away from people to continue their loafing and feeding activities, disturbance should be localized and temporary, and is expected to cause negligible impacts to birds on Brooten Marsh.

Since most visitors to a natural area tend to remain on designated trails, negative effects to vegetation from trampling and wildlife disturbance off trail are expected to be minor. Providing and maintaining access points indirectly impacts wildlife by creating barriers to movement, through vegetation removal and human use of the access point, and abrupt edge creation which may lead to increased predation (Ratti and Reese 1988). Trail edges may concentrate prey species and may be used by predators as travel corridors. Other indirect impacts may include the deposition of litter and erosion caused by the damage to vegetation from trampling. To mitigate for these impacts, refuge staff will monitor parking areas and trails, removing litter and replanting if necessary to maintain clearly delineated access points and encourage anglers to use them. In addition, since research indicates that wildlife habituate best to predictable disturbance, once trails and fishing access points are established and use becomes regular, direct effects to wildlife from use of the trail and access points should further diminish.

Foot travel associated with bank fishing and clamming could potentially result in temporary and minor vegetation trampling. Pedestrian access for bank fishing from the dike along the Little Nestucca River creates the highest potential for wildlife disturbance or damage to natural resources.

Nestucca Bay NWR Draft Compatibility Determination 4 June 2019 Fishing from the bank at the east end of the restoration area, which is east of the 101 bridge, is expected to cause negligible to minor disturbance to white-cheeked geese and other waterfowl using refuge pastures although it could cause minor disturbance to geese using privately owned pastures immediately upstream. It is important to note that bank fishing along limited stretches of river can concentrate anglers and generate trash, including discarded monofilament line which can pose a threat to birds and mammals via entanglement. Therefore, the Service will provide fishing line recycling containers for anglers to discard their used monofilament line at both fishing locations, and signage to encourage anglers to pack out any trash.

Impacts to listed species: 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). Effects from bank fishing and clamming access on coho and green sturgeon are expected to be negligible. The highest potential for impacts to these species is from accidental capture during fishing for other species. Impacts to this fish species are minimized through adopting state regulations for fishing in Nestucca Bay and by the small scope and limited capacity of this new fishing opportunity. It is expected that no impact or a neutral effect on eulachon will occur because of fishing activities. Fishing is expected to have no impact to the Oregon silverspot butterfly since the fishing areas are geographically separated from the coastal prairie habitat where the butterfly resides, and access to the Two Rivers Peninsula fishing area is by way of the same trail that all other users utilize.

Sport fishing in waters containing coho salmon is an approved recreational activity by the National Marine Fisheries Service under a Section 7 consultation of the Endangered Species Act within a Biological Opinion (PFMC 1999) and under ODFW’s “Oregon Coastal Coho, coastal Rivers Coho Sports Fishery” Fisheries and Management Plan (National Marine Fisheries Service concurred with under limit 4 of the Endangered Species Act 4(d) rule; ODFW 2009, NMFS 2009).

Refuge and Visitor specific Impacts:

Bank fishing and clamming would be opened at multiple locations as described in the Fishing Plan. These uses are not expected to conflict with wildlife observation, photography, interpretation, or waterfowl hunting activities due to the limited numbers of individuals expected to engage in fishing at these locations, as well as the short fishing seasons and the limited areas where the use would be allowed.

People engaging in bank fishing and clamming would access the refuge by motorized vehicles travelling on public roads and using parking areas on the refuge, using parking areas enhanced by the refuge, via refuge designated access foot trails, or via boat access.

Bank fishing would be allowed on the refuge along the northern dike of the Little Nestucca River portion of the Little Nestucca Restoration Area and the northwest portion of the Two Rivers Unit. Clamming would be allowed at the mouth of the Little Nestucca River and at Brooten Marsh. It is possible that recreational boaters (observing or photographing wildlife) floating up tidal channels in the Little Nestucca Restoration Area could disturb anglers fishing in the area but this is expected to be negligible. The Service will provide information on its website encouraging visitors using the refuge to respect the rights of anglers by keeping back from fishing lines to avoid entanglement and disturbing anglers. Overall, the Service expects no impacts to anglers from visitors engaged in

Nestucca Bay NWR Draft Compatibility Determination 5 June 2019 wildlife observation or photography in any of these areas.

Both fishing and clamming visitation and emphasis devoted to fishing were projected to increase under the management direction described in the CCP. Given this, future disturbance effects are likely to be somewhat higher than present. Most studies cited above have demonstrated immediate, rather than long-term responses to disturbance. Long-term responses are inherently more difficult and expensive to determine. If disturbance to wildlife or damage to habitat reaches unacceptable levels, the Service will reevaluate the program and make revisions as necessary to reduce impacts.

Impacts to other priority public uses from fishing:

Nestucca Bay NWR is committed to providing quality opportunities for wildlife-dependent recreation. The refuge will support all six of the Refuge System’s priority wildlife-dependent uses: hunting, fishing, wildlife observation and photography, environmental education, and interpretation. The direct impacts to refuge visitors engaged in the other priority public uses either via foot or boat from fishing are expected to be negligible.

Bank fishing and clamming generally result in little disturbance to other visitors. However, some clammers may inadvertently flush waterfowl being pursued by hunters on Brooten Marsh. This impact is expected to be minimal because waterfowl hunting will occur only during late fall and winter, a time of year when visitors engaged in clamming are fewer in number. Clamming also occurs during low tide when hunters are usually absent.

The Service does not expect many visitors to engage in wildlife observation and photography at Brooten Marsh due to the difficulty of accessing the lands, the presence of uneven terrain, and copious amounts of large woody debris. Therefore, clammers are not expected to impact visitors engaged in wildlife observation or photography due to the limited numbers of individuals engaged in clamming, and the limited areas where the use would be allowed.

No significant effects to roads, trails, or other refuge infrastructure from the fishing program are foreseen. Normal road, trail, and facility maintenance would continue to be necessary. There would be a minor impact to refuge staff due to development and maintenance of the parking lot adjacent to the Little Nestucca Restoration Area and associated foot trail, and development of informational materials related to fishing.

Law enforcement patrols would be conducted on a regular basis to ensure compliance with state, federal, and refuge regulations. The refuge law enforcement officer would also monitor and collect data on fishing activities in the field to ensure that this activity does not interfere with other wildlife- dependent uses. If necessary, the program would be modified accordingly.

Public Review and Comment:

Fishing and clamming were discussed at two public meetings held in conjunction with the CCP process. To initiate the CCP process, a Notice of Intent was published in the Federal Register on November 29, 2010 (Volume 75, Number 228). Written comments were solicited from the public about proposed wildlife-dependent recreational uses including fishing and clamming. Three CCP planning updates were prepared to summarize the progress of the CCP and to discuss issues related the planning process. A compatibility determination for fishing at Nestucca Bay was submitted for public review and comment as an appendix to the Draft Comprehensive Conservation Plan and

Nestucca Bay NWR Draft Compatibility Determination 6 June 2019 Environmental Assessment for Nestucca Bay NWR. Appendix K of the CCP contains a summary of the comments and Service responses. In addition, a Visitor Services Review for Nestucca Bay NWR was held on the Refuge on April 14, 2010, with representatives from the extended team and public use specialists from Oregon Parks and Recreation Department, Oregon State Police and Oregon Department of Fish and Wildlife. During the Visitor Services Review, ODFW expressed strong support for the development of bank fishing access along the Little Nestucca River. On October 21, 2014 USFWS staff met with fisheries biologists from the ODFW to identify locations to provide access for anglers at Nestucca Bay Refuge. In 2017, the Service consulted with adjacent landowners, Nestucca Neskowin Watershed Council, Oregon Department of Transportation, and Tillamook Anglers. All of these groups and individuals expressed support for the new use and facilities. In 2018, the CCP was amended under a Categorical Exclusion, documented with an Environmental Action Statement (EAS). The EAS, documented the proposed changes to the CCP, was open for public comment for a 30-day period from June 1 through June 30, 2018.

This Draft CD, the Draft Fishing Plan, and Categorical Exclusion will be available for public comment at Oregon Coast NWRC headquarters at 2127 SE Marin Science Drive, Newport, OR 97365 and on the Nestucca Bay NWR website www.fws.gov/refuge/Nestucca_Bay/.

Determination:

Use is Not Compatible

X Use is Compatible with Following Stipulations

Stipulations Necessary to Ensure Compatibility:

• Fishing and clamming are allowed only during daylight hours; • Anglers will be permitted to use pole and line or rod and reel. Anglers must attend their line; • The Service will provide containers for anglers at the bank fishing location to discard their used monofilament line; • The refuge will ensure safety and minimize conflict with other priority public uses by providing information about fishing and clamming to the general public and those utilizing other refuge programs. These materials will clearly state pertinent state, federal, and refuge- specific regulations. Information will be provided on the refuge website and will be made available on an information fishing tearsheet; • Anglers are required to comply with ODFW fishing regulations; • Pets, camping, overnight use, unmanned aircraft systems (UAS or drones) and fires are prohibited on refuge lands; • Based on information from ODFW biologists monitoring fish populations and habitat use, the refuge reserves the right to modify existing programs and regulations to accommodate changing conditions; and • Anglers must walk in to all bank fishing sites from parking areas provided by the refuge.

Justification:

Wildlife-dependent recreational uses including fishing receive enhanced consideration in the CCP process. Given the limited locations of bank fishing and clamming, these uses are expected to have a minor direct impact on refuge resources. The associated disturbance to wildlife from these activities,

Nestucca Bay NWR Draft Compatibility Determination 7 June 2019 though larger than at present, is also expected to be minor. It is anticipated that wildlife populations will find sufficient food resources and resting places such that their abundance and use of the refuge will not be measurably lessened from allowing these activities to occur. The relatively limited number of individual animals and plants expected to be adversely affected will not cause wildlife populations to materially decline, the physiological condition and production of refuge species will not be impaired, their behavior and normal activity patterns will not be altered dramatically, and their overall welfare will not be negatively impacted. Thus, allowing access to fishing and clamming under the stipulations described above will not materially detract or interfere with the purposes for which the refuge was established or the refuge mission. Furthermore, educational efforts promoting access to bank fishing and clamming on the Nestucca Bay NWR will create a greater awareness among anglers about the importance of estuaries and unimpeded coastal creeks for salmonids. Fishing provides visitors with the joy of experiencing wildlife on their public lands, and as such, helps fulfill the mission of the National Wildlife Refuge System.

Signature: Refuge Manager:______Date:______

Concurrence: Regional Chief:______Date:______

Mandatory Re-Evaluation Date:

2034 Mandatory 15-year reevaluation date (for wildlife-dependent public uses)

Mandatory 10-year reevaluation date (for all uses other than wildlife-dependent public uses)

NEPA Compliance for Refuge Use Decision: (check one below)

Categorical Exclusion without Environmental Action Statement

Categorical Exclusion and Environmental Action Statement

X Environmental Assessment and Finding of No Significant Impact

Environmental Impact Statement and Record of Decision

References:

Bell, D.V. and L.W. Austin. 1985. The game-fishing season and its effects on overwintering wildfowl. Biological Conservation 33:65-80.

Bouffard, S.H. 1982. Wildlife values versus human recreation: Ruby Lake National Wildlife Refuge. Transactions of the North American Wildlife and Natural Resources Conference 47:553-556.

Cooke, A.S. 1987. Disturbance by anglers of birds at Grafham Water. Pages 15-22 in: P.S. Maitland and A.K. Turner, eds. Angling and wildlife in fresh waters. ITE Symposium 19.

Nestucca Bay NWR Draft Compatibility Determination 8 June 2019 Edwards, R.W. and D.V. Bell. 1985. Fishing in troubled waters. New Science 1446(7 March):19-21.

Jahn, L.R. and R.A. Hunt. 1964. Duck and coot ecology and management in Wisconsin. Technical Bulletin No. 33. Wisconsin Conservation Department. Madison, WI. 212 pp.

Liddle, M.J. and H.R.A. Scorgie. 1980. The effects of recreation on freshwater plants and animals: a review. Biological Conservation 17:183-206.

Ratti, J.T. and Reese, K.P. 1988 Preliminary test of the ecological trap hypothesis, Journal of Wildlife Man- agement, 52, 484-491.

Tuite, C.H., M. Owen, and D. Paynther. 1983. Interaction between wildfowl and recreation at Llangorse Lake and Talybont Reservoir, South Wales. Wildfowl 34:48-63.

Tydeman, C.F. 1977. The importance of the close fishing season to breeding bird communities. Journal of Environmental Management 5:289-296.

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

USFWS (U.S. Fish and Wildlife Service). 2018. Environmenal Action Statement for Categorical Exclusion (Amendment to the Nestucca Bay National Wildlife Refuge Comprehensive Conservation Plan).

Nestucca Bay NWR Draft Compatibility Determination 9 June 2019