U.S. Fish and Wildlife Service Ohio River Islands National Wildlife Refuge Hunting Plan April 2021 - DRAFT

Wells Island – Janet Butler/USFWS

Appendix A – Hunting 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): $6,838 Ohio River Islands National Wildlife Refuge Hunting Plan

April 2021 - DRAFT

U.S. Fish and Wildlife Service

Ohio River Islands National Wildlife Refuge 3982 Waverly Road Williamstown, WV 26187

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, Access ...... 4 C. Permit Requirements ...... 5 D. Consultation and Coordination with the State ...... 5 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 ...... 7 C. Relevant State Regulations ...... 8 D. Other Refuge Rules and Regulations for Hunting and Fishing ...... 8 V. Public Engagement ...... 8 A. Outreach for Announcing and Publicizing the Hunting Program ...... 8 B. Anticipated Public Reaction to the Hunting Program ...... 8 C. How Hunters Will Be Informed of Relevant Rules and Regulations ...... 8 VI. Compatibility Determination ...... 9

List of Tables

1. Table 1. Areas and species groups open to hunting at Ohio River NWR ...... 4 2. Table 2. Funding and Staffing Requirements ...... 7

List of Figures

1. Figure 1. Ohio River Islands Refuge Map ...... 10 2. Figure 2. Buckley Mainland Hunt Area at Ohio River Islands NWR ...... 11 2. Figure 3. Middle Island Hunt Area at Ohio River Islands NWR ...... 12

OHIO RIVER ISLANDS NATIONALWILDLIFE REFUGE HUNTING PLAN

I. Introduction

National wildlife refuges are guided by the mission and goals of the National Wildlife Refuge System (Refuge System), the establishing purpose(s) of an individual refuge, U.S. Fish and Wildlife Service (Service) policy, and laws and international treaties. Relevant guidance includes the National Wildlife Refuge System Administration Act (NWRSAA) of 1966, as amended by the Refuge System Improvement Act of 1997, Refuge Recreation Act of 1962, and selected portions of the Code of Federal Regulations (CFR) and Fish and Wildlife Service (FWS) Manual.

Ohio River Islands National Wildlife Refuge (NWR, refuge) was established in 1990 pursuant to the Fish and Wildlife Act of 1956 (16 U.S.C. 742a-742j, as amended). The primary purpose of the refuge is for “the development, management, advancement, conservation, and protection of fish and wildlife resources through research, acquisition of land and water or interests therein, development of existing facilities, and other means.”

The refuge currently owns or manages 3,441 acres of lands and waters along 362 miles of the Ohio River in Pennsylvania (PA), West Virginia (WV), and Kentucky (KY) (Figure 1). The terrestrial acreage is comprised primarily of islands in the river, as the refuge currently owns, in fee title, all or parts of 22 islands and 4 mainland tracts. It also manages an 8.4-acre wetland conservation easement in Belleville, WV under the authority of the 1990 Food, Agriculture, Conservation and Trade Act. The overall land cover is classified as 53 percent underwater habitat, 33 percent forest, and the remaining 14 percent as old fields, wetlands, or other habitats. The refuge is located within 2 hours driving time of many metropolitan areas including Pittsburgh, PA, Columbus, OH, Cincinnati, OH, Cleveland, OH, Charleston, WV, Wheeling, WV, and Lexington, KY.

The mission of the Refuge System, as outlined by the NWRSAA and amended by the 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;

Ohio River Islands NWR Hunting Plan 1

● 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.

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 Refuge System.

Public hunting at Ohio River Islands NWR began in 1994 and continues to this day, providing quality big game, migratory bird, and upland game hunting opportunities. Access to most refuge units is by boat, which limits hunter use and therefore provides a unique hunting experience. The Service proposes to expand hunting opportunities at Ohio Rivers Islands NWR to better align with State programs. We propose the following changes as part of the update to this existing hunting plan:

1. Species changes: In addition to the existing species, the refuge would open to crow, raccoon, grey fox, red fox, bobcat, skunk, opossum, woodchuck, weasel, squirrel, rabbit, turkey, and coyote.

2. Huntable Acreage: No additional total acres will open to hunting, but migratory bird and upland game species will be expanded to new acres. Migratory bird hunting would open on 364 acres not previously open to this use. Upland game hunting would open on 1,400 acres not previously open to this use.

3. Method of take changes: Open new and existing species in alignment with State with some exceptions. Archery only for big game will be maintained.

4. Hunter orange: No changes to the use of hunter orange.

Ohio River Islands NWR Hunting Plan 2 II. Statement of Objectives

The objectives of a multi-species hunting program on Ohio River Islands NWR are to:

• Provide the public with a quality recreational experience on refuge lands and increase opportunities for hunters;

• Design a hunting program that is in alignment with refuge habitat management objectives;

• Provide wildlife-dependent public recreation as mandated by and according to Service law and policy;

• Design a hunting program that is administratively efficient and manageable with existing staffing levels; and

• To implement a hunting program that is safe for all refuge users.

Ohio River Islands NWR’s 2002 Comprehensive Conservation Plan (CCP) identified hunting as “…an acceptable and legitimate form of wildlife dependent recreation.” Hunting is consistent with the refuge’s CCP’s larger objective to expand hunting opportunities on the refuge. The refuge specifically identified a goal to expand the acreage available for public hunting on the refuge. In addition to that goal, the proposed action would expand the species available for hunting on the refuge.

III. Description of Hunting Program

A. Areas to be Opened to Hunting

Ohio River Islands NWR is currently comprised of 22 islands and four mainland tracts that total 3,441 acres of lands and waters along 362 miles of the Ohio River in PA, WV, and KY (Figure 1). Hunting is permitted on all refuge areas except the Buffalo Creek, Wheeling Island, Crab Island, and Muskingum Mainland tracts (Table 1). Hunting is restricted to specific zones at Buckley Mainland (Figure 2) and Middle Island (Figure 3). The hunting zone at Buckley Mainland is only open for white-tailed deer archery hunting. The only areas of the refuge closed to hunting are those that are focused on other compatible uses (wildlife observation, photography, and environmental interpretation) or those that cannot be safely accessed by the public. It is the responsibility of hunters to identify dwellings and follow appropriate state regulations that prohibit the discharge of a firearm within 500 feet of an occupied dwelling.

Ohio River Islands NWR Hunting Plan 3 Table 1. Areas and species groups open to hunting at Ohio River Islands NWR

Property (River Mile/ Big Game Migratory Upland Acres Open to Hunting) (Archery) Birds Game = Hunting Allowed Pennsylvania Phillis Island (35/39)    Georgetown Island (38/16)    West Virginia Buffalo Creek Tract (75/0) Closed to all hunting Wheeling Island (89/0) Closed to all hunting Captina Mainland Tract (108/138)    Captina Island (108/17)    Fish Creek Island (113/48)    Paden Island (132/81)    Williamson Island (134/126)    Witten Towhead (135/8)    Crab Island (138/0) Closed to all hunting Wells Island (139/43)    Mill Creek Island (141/19)    Grandview Island (143/8)    Grape/Bat Island (152/45)    Middle Island (153/160) * * * Broadback Island (159/51)    Buckley Island (169/160)    Buckley Mainland (169/40) * Muskingum Island (175/93)    Muskingum Mainland (175/0) Closed to all hunting Neal Island (181/104)    Buffington Island (216/162)    Letart Island (235/29)    Kentucky Manchester #1 Island (395/20)    Manchester #2 Island (395/94)    *See maps for specific zoned areas that are open to hunting on Middle Island and Buckley Mainland.

B. Species to be Taken, Hunting Periods, Access

All hunts would conform to applicable State and Federal regulations unless otherwise noted. Ohio River Islands NWR spans KY, WV, and PA. Ohio River Islands NWR is open to hunting all species permitted by each State except for amphibians, reptiles, elk, porcupine, wild boar, snowshoe hare, and sandhill crane. Hunting would open to the following additional species:

Ohio River Islands NWR Hunting Plan 4 Kentucky: Black bear, wild turkey, ruffed grouse, bobwhite quail, raccoon, gray and red fox, bobcat, crow, coyote, striped skunk, opossum, woodchuck, weasel, river otter, muskrat, mink, and beaver.

West Virginia: Black bear, wild turkey, ruffed grouse, bobwhite quail, pheasant, raccoon, gray and red fox, bobcat, crow, coyote, skunk, opossum, woodchuck, weasel, English sparrow, European starling, and pigeon.

Pennsylvania: Black bear, wild turkey, ruffed grouse, bobwhite quail, pheasant, raccoon, fox, bobcat, coyote, opossum, striped skunk, weasel, woodchuck, crow, starling, and English sparrow.

All hunting will be consistent with appropriate State regulations and with the following restrictions:

• The refuge is closed from 1 hour after legal sunset to 1 hour before legal sunrise.

• The refuge is closed to hunting from the Saturday of Memorial Day weekend through Labor Day.

• Big game hunting (black bear, white-tailed deer and wild turkey) is permitted via archery (to include crossbows as permitted by State regulation) only.

• The portion of Buckley Mainland tract zoned for hunting (Figure 2) is only open to archery hunts of white-tailed deer.

C. Permit Requirements

Hunters are required to have in their possession a signed refuge hunting brochure, which serves as a free permit. The brochure covers all refuge regulations, hunting units and species. The brochure can be obtained by visiting the refuge headquarters or by going online to the refuge’s website and printing a copy. Hunters additionally need to obtain all other applicable local, State and/or Federal licenses, permits, or stamps in accordance with local, State, and Federal laws. A Special Use Permit (SUP) will be required for commercial guide use of refuge property. If disabled hunters would like to request specific accommodations, they should contact the Refuge Manager.

D. Consultation and Coordination with the State

A recent effort to collaborate with the States to promote a Recruitment, Retention and Reactivation (R3) strategic plan effort to support and promote hunting opportunities culminated with the Service’s Hunt/Fish Opportunity Tool (SHOT) reports. These SHOT reports analyzed how hunting opportunities on refuges differed from the States and encouraged refuge managers to bring their hunting programs into alignment with the States as much as is reasonable and compatible.

Ohio River Islands NWR Hunting Plan 5 Based on the SHOT report analysis and refuge impact evaluations, current management determined that a number of additional hunting opportunities could be opened. The refuge and region have been in contact with the States during this effort and have received support for opening additional hunting opportunities.

Ohio River Islands NWR and State agency staff work together to ensure safe and enjoyable recreational hunting opportunities. The vast majority of refuge lands are in West Virginia, and the refuge works most closely with the West Virginia Division of Natural Resources (WVDNR) staff. Hunting regulations in Kentucky and Pennsylvania are very similar to West Virginia regulations. Overall, Ohio River Islands NWR has made every effort to mirror State hunting regulations. Hunter participation and harvest data are shared annually and law enforcement officers from both agencies will work together to patrol refuge lands safeguarding hunters, visitors, and both game and nongame species. Refuge staff worked in close consultation with State agency staff in preparation of this plan and their comments provided by email on October 9 and November 24, 2020, have been incorporated into this document.

E. Law Enforcement

Enforcement of refuge violations normally associated with management of a national wildlife refuge is the responsibility of commissioned Refuge Law Enforcement Officers. Other refuge officers, Special Agents, State conservation officers, Natural Resources Police, and the local and State police departments often assist the Ohio River Islands NWR law enforcement officer.

The following methods are used to control and enforce hunting regulations:

• Refuge and hunt area boundaries will be clearly posted;

• The refuge will provide a brochure at the refuge headquarters and website that shows hunting regulations and hunt areas;

• Ohio River Islands NWR law enforcement staff will randomly check hunters for compliance with Federal and State laws, as well as refuge-specific regulations pertinent to hunting;

• Ohio River Islands NWR law enforcement staff will coordinate with multiple State natural resource agencies and other law enforcement agencies; and

• Information will be made available at the Ohio River Islands NWR visitor center and website.

F. Funding and Staffing Requirements

Annual hunt administration costs for Ohio River Islands NWR, including salary, law enforcement, permits, maintenance of infrastructure, etc., totals approximately $2,500. Annual staff requirements for the hunt program include formulating annual programs, plans, and regulations, preparing reports and brochures, responding to public inquiries, and enforcement

Ohio River Islands NWR Hunting Plan 6 efforts. Law enforcement costs would likely be similar with or without a hunting program, as it would still require a patrol to monitor for trespassing.

Table 2. Funding and Staffing Requirements of the Hunting Program

Identifier Cost

Signage, Maps, Brochures $100 Planning and Inquiries $700 Infrastructure (parking lots, etc.,) $500 Law Enforcement $1,200 Total Annual Cost $2,500

IV. Conduct of the Hunting Program

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

Hunters are required to sign and carry with them a refuge hunting brochure, which serves as a free permit. The brochure covers all refuge regulations, hunting units, and species. The brochure can be obtained by visiting the refuge headquarters or by going online to the refuge’s website and printing a copy.

B. Refuge-Specific Hunting Regulations

Listed below are refuge-specific regulations that pertain to hunting on Ohio River Islands NWR as of the date of this plan. These regulations may be modified as conditions change or if refuge expansion continues/occurs.

• Hunters must have a current refuge hunt brochure/permit (signed) in their possession.

• We require the use of non-toxic ammunition when hunting migratory game birds and upland game species.

• Only portable tree stands and blinds may be used. Set up is allowed on the opening day of the hunting season season and all stands and blinds must be removed by the last day of the hunting season. All stands and blinds must be labeled with hunter contact information (name and phone number).

• We prohibit organized deer drives. We define a “deer drive” as an organized or planned effort to pursue, drive, chase, or otherwise frighten deer into moving in the direction of any person(s) who is part of the organized or planned hunt and known to be waiting for the deer.

• Harvest of reptiles, amphibians, sandhill crane, porcupine, snowshoe hare, elk, and wild boar, is prohibited on refuge lands.

Ohio River Islands NWR Hunting Plan 7 C. Relevant State Regulations

The refuge conducts its hunting program within the framework of State and Federal regulations. Hunting regulations on the refuge are at least as restrictive as the States of Kentucky, West Virginia, and Pennsylvania regulations and in some cases are more restrictive. Additionally, the refuge coordinates with appropriate States as needed to maintain regulations and programs that are consistent with the State’s management programs. Hunters are responsible for knowing and complying with all applicable State regulations.

D. Other Refuge Rules and Regulations for Hunting and Fishing

• Camping, building fires, mowing, and tree cutting are not permitted.

• Littering is prohibited. This includes but is not limited to leaving shell casings, flagging, reflectors, and paint.

• No motorized vehicles are permitted off refuge roads.

• All accidents or injuries must be reported to the refuge headquarters as soon as possible. In the event of a serious emergency, call 911 before contacting the refuge.

V. Public Engagement

A. Outreach for Announcing and Publicizing the Hunting Program

The refuge maintains a mailing list of local newspapers, radio, and websites for news releases. Special announcements and articles may be released in conjunction with hunting seasons. In addition, information about the hunt will be available at Ohio River Islands NWR headquarters and on the Ohio River Islands NWR website.

B. Anticipated Public Reaction to the Hunting Program

Based on the comments received during the development of the CCP and Hunt Plan for Ohio River Islands NWR, hunting has already been allowed on Ohio River Islands NWR for more than 25 years and little negative public reaction is expected. Hunting is an important economic and recreational use of local natural resources.

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

The hunt brochure/permit will be available on the station website at: https://www.fws.gov/refuge/ohio_river_islands/ and at the refuge visitor center. General information regarding hunting and other wildlife-dependent public uses can be obtained at Ohio River Islands NWR headquarters by calling (304) 375-2923 or at: 3982 Waverly Road Williamstown, WV 26187

Ohio River Islands NWR Hunting Plan 8 VI. Compatibility Determination

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

Ohio River Islands NWR Hunting Plan 9 Figure 1. Map of Ohio River Islands NWR located in West Virginia, Kentucky, and Pennsylvania

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Ohio River Islands NWR Hunting Plan 10

Figure 2. Buckley Mainland Hunt Area at Ohio River Islands NWR

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Ohio River Islands NWR Hunting Plan 11 Figure 3. Middle Island Hunt Area at Ohio River Islands NWR

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Ohio River Islands NWR Hunting Plan 12

APPENDIX A. COMPATIBILITY DETERMINATION

USE: Hunting

REFUGE NAME: Ohio River Islands National Wildlife Refuge

DATE ESTABLISHED: July 17, 1990

ESTABLISHING and ACQUISITION AUTHORITY:

Fish and Wildlife Act of 1956 (16 U.S.C. 742f (a)(4), (b)(1).

REFUGE PURPOSE(S):

“... for the development, advancement, management, conservation, and protection of fish and wildlife resources ...” 16 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).

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).

DESCRIPTION OF USE:

(a) What is the use? Is the use a priority public use? The use is public hunting of migratory birds, upland game, and big game on Ohio River Islands National Wildlife Refuge (NWR). Hunting was identified as one of six priority public uses of the Refuge System by the National Wildlife Refuge System Administration Act (NWRSAA) 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? Hunting would be permitted at the upland forest tract at Buckley Mainland, Captina Mainland and on all refuge islands except Wheeling and Crab Islands (see Figure 1 of the Hunting Plan). Hunting has occurred at Ohio River Islands NWR on 1,500 acres and will continue. There would be no additional areas opened to hunting, only additional species available to hunt and additional methods of take.

Appendix A - Ohio River Islands NWR Hunting Compatibility Determination A-1 (c) When would the use be conducted? Hunting seasons would occur in accordance with the State seasons, except the refuge would be closed to hunting from the Saturday of Memorial Day weekend through Labor Day. The refuge is open from 1 hour before legal sunrise until 1 hour after legal sunset.

(d) How would the use be conducted? Hunters would be required to sign and carry a refuge hunting brochure with them on their person. The brochure will cover all refuge regulations, hunting units, and species. The brochure can be obtained by visiting the refuge headquarters or by going online to the refuge’s website and printing a copy. Hunters would need to attain all other applicable local, State and/or Federal licenses, permits, or stamps in accordance with local, State, and Federal laws.

Refuge properties would be open to hunting from 1 hour before sunrise to 1 hour after sunset. Primary access to the refuge island units open to hunting is by boat, with the exception of Middle Island, which has vehicle access via a state road and bridge.

(e) Why is the use being proposed? One of the primary goals of the refuge’s Comprehensive Conservation Plan (CCP) is to “Promote and support priority compatible fish and wildlife-dependent uses while maintaining the long-term health of the ecosystem and Service trust resources.” Among those priority compatible fish and wildlife-dependent uses is hunting. Hunting is identified as one of the six priority public uses legislatively mandated by the NWRSAA of 1966, as amended by the Refuge System Improvement Act of 1997 (Public Law 105-57) and reinforced as priority uses 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 consistency with State regulations. Additionally, hunting is a healthy, traditional recreational use of renewable natural resources deeply rooted in America’s heritage, and can be an important wildlife management tool.

National wildlife refuges, including Ohio River Islands 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 hunters, non-consumptive users, wildlife species, and the environment while on refuge lands.

The purpose of the refuge’s hunting program is to provide opportunities for hunters to enjoy the refuge, to increase their understanding of the regional environmental importance of the refuge, to be consistent with refuge management goals and objectives. Expanding hunting access on the refuge provides an opportunity to motivate visitors to value, support, and contribute to the refuge, the Refuge System and become better environmental stewards.

Department of the Interior Secretarial Order 3356, signed in 2017, directs the Service to enhance and expand public access to lands and waters on NWRs for hunting, fishing, recreational shooting, and other forms of outdoor recreation. The proposed action would also promote priority public uses of the Refuge System and 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 would bring the refuge into

Appendix A - Ohio River Islands NWR Hunting Compatibility Determination A-2 compliance with the management guidance detailed in the orders, policy, and Federal law 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). Finally, the proposed action would help the refuge meet the statement of objectives detailed in the Hunting Plan.

AVAILABILITY OF RESOURCES:

Annual staff requirements for the hunt program include formulating annual programs, plans, and regulations, preparing reports and brochures, responding to public inquiries, and enforcement efforts. Law enforcement costs would likely be similar with or without a hunting program, as posting and patrol would be required to monitor trespassing hunters. Below is an approximate cost analysis and breakdown of the annual funding required to administer and manage the hunting program.

Identifier Cost

Signage, Maps, Brochures $100 Planning and Inquiries $700 Infrastructure (parking lots, etc.,) $500 Law Enforcement $1,200 Total Annual Cost $2,500

ANTICIPATED IMPACTS OF THE USE:

Big Game Ohio River Islands NWR is located in Kentucky, West Virginia, and Pennsylvania. The majority of the huntable acreage (89 percent) is in West Virginia and falls into hunting Districts 1, 5, and 6. Many regions of West Virginia are overpopulated with deer. During the 2019-2020 season there were 99,437 total deer harvested Statewide with 6,718 in District 1; 3,542 in District 5; and 7,368 in District 6 (WVDNR 2020).

In West Virginia, the Statewide turkey population is estimated at approximately 140,000 individuals, distributed throughout all 55 counties. Hunters harvested 11,215 bearded turkeys in West Virginia during the 2019 spring gobbler season, with 2,762 in District 1; 1,840 in District 5; and 2,363 in District 6. Fall turkey harvest totaled 1,113 turkeys, with 186 in District 1;114 in District 5; and 151 in District 6 (WVDNR 2020). Wild turkeys are considered resident species at the refuge.

In recent years, West Virginia has shifted gears from growing the bear population to stabilizing population growth or reducing bear numbers in some management units. West Virginia hunters harvested 3,099 bears Statewide in 2019, with 318 in District 1; 434 in District 5; and 38 in District 6 (WVDNR 2020).

The current areas of the refuge open to white-tailed deer archery hunting, with the exception of Buckley Mainland, would add opportunities for archery hunts of wild turkey and black bear.

Appendix A - Ohio River Islands NWR Hunting Compatibility Determination A-3 Although it is possible that the expanded hunting program could attract additional big game hunters, impacts to local or regional white-tailed deer and wild turkey populations are not expected to change significantly. There are no known populations of black bear on the refuge, however they are found in adjacent mainland areas. Hunting, in the context of an overabundant species like white-tailed deer, is an important population management tool that can reduce habitat degradation and competition, yielding healthier populations in the long term.

Migratory Birds Waterfowl and migratory game bird seasons and bag limits are set by the States within a framework set by the Service and based on surveys, harvest data, and habitat data. Populations of these species have remained relatively stable.

Four new areas would open to waterfowl and migratory bird hunting, totaling 364 acres. Additionally, the refuge would open to crow, European starling, pigeon and English sparrow hunting with hunting closed from the Saturday of Memorial Day weekend through Labor Day. This may result in a small increase in hunter use, but impacts to local or regional waterfowl or migratory game bird populations are not expected to change significantly.

Upland Game Hunting of coyote, bobcat, fox, raccoon, opossum, striped skunk, weasel, woodchuck, river otter, muskrat, mink and beaver is common throughout the region. No systematic inventory of mammalian species has been conducted at Ohio River Islands NWR; however, staff have observed all species. Proposed changes would expand species to align with current State regulations.

Quail and pheasant are considered accidental species at the refuge. Grouse are considered resident species, although they are rarely observed by refuge staff or visitors. Fox squirrel, grey squirrel and Eastern cottontail rabbit are resident species on the refuge.

Hunting of upland game species would be permitted on an additional 1,400 refuge acres. This may result in a small increase in hunter use, but impacts to local or regional upland game populations are not expected to change significantly. Upland game hunting is a small component of the current hunt program, and refuge islands are mainly accessible via boat only, and therefore use is minimal.

Non-Target Wildlife and Aquatic Species The refuge is home to many resident and migratory wildlife species. Common non-target migratory bird species include wood thrush, song sparrow, yellow warbler, common yellowthroat, Northern cardinal, yellow-breasted chat, American robin, common grackle, Acadian flycatcher, Carolina wren, red-eyed vireo, American redstart, Carolina chickadee, Eastern towhee, American goldfinch and white-eyed vireo. Great blue heron, osprey, bald eagle, wood duck, mallard, Canada goose and killdeer nests are frequently documented on refuge islands.

The wetland habitats on and around the islands and within the embayments and mainland wetlands provide suitable habitat for a variety of amphibians, including American toad, Fowler's toad, green frog, bullfrog, gray tree frog complex, Northern spring peeper, pickerel frog, and

Appendix A - Ohio River Islands NWR Hunting Compatibility Determination A-4 Northern leopard frog. Limited information is available on salamander populations, but surveys have revealed ravine salamander, smallmouth salamander, mudpuppy, and hellbender on or near the refuge. Five species of turtles have been documented on the refuge including the terrestrial Eastern box turtle, the more aquatic snapping turtle, midland painted turtle, musk turtle, and Eastern spiny softshell turtle. The small mammal populations include meadow vole, short-tailed shrew, meadow jumping mouse, white-footed mouse, deer mouse, and at least nine species of bats.

Minimal disturbance of non-target wildlife species would occur with the proposed action. These impacts could include: direct mortality of individuals, changes in wildlife behavior, changes in wildlife population structure, dynamics, and distribution patterns, and disturbance from noise and hunters walking on- and off-trail (Cole and Knight 1990, Cole 1990, Bell and Austin 1985). However, under the anticipated levels of use these impacts are expected to be minimal. The refuge is not proposing to open new areas to hunting, only to open to new species on existing huntable lands. Therefore, any increase in impacts should be minor because hunting primarily occurs outside of the migratory bird breeding season and specific regulations prohibit the use of all-terrain vehicles, off-road vehicle travel, camping, and fires, which are most likely to significantly cause disturbance. Disturbance is only short-term on the refuge, and most refuge lands are only accessible via boat, minimizing use and providing areas for wildlife to rest and forage.

Threatened and Endangered Species The endangered Indiana bat (Myotis sodalis) and the threatened Northern long-eared bat (Myotis septentrionalis), two federally listed bat species, have been documented on or adjacent to the refuge. Additionally, six federally listed freshwater mussel species (the fanshell (Cyprogenia stegaria), pink mucket (Lampsilis abrupta), sheepnose (Plethobasus cyphus), purple cat's paw (Epioblasma obliquata), clubshell (Pleurobema clava) and Northern riffleshell (Epioblasma rangiana) have been found on the refuge.

Hunting is likely to have no effect on the two bat species. Areas open to hunting are not expected to affect Indiana or Northern long-eared bats due to the time of day and year hunters are active. Additionally, the refuge would be closed to hunting from the Saturday of Memorial Day weekend through Labor Day, which is when disturbance could potentially affect bat maternity colonies. Hunting on refuge islands is likely to have no effect on the listed freshwater mussel species, which are found on the river bottom. The typical draw of recreational boats is too small to cause damage to mussel beds, and the potential increase in hunter use of islands is a small proportion of overall visitation.

Habitat and Vegetation The dominant habitat type in hunt areas is riparian forest with common species including silver maple, sycamore, cottonwood, black willow, pawpaw, wingstem, and tall coneflower. Additionally, old fields and meadows in the process of forest succession are found on some refuge islands with common species including goldenrod, reed canary grass, ironweed, aster, dogwood, blackberry, and false indigo.

The anticipated number of hunters would comprise a small fraction of the refuge’s total

Appendix A - Ohio River Islands NWR Hunting Compatibility Determination A-5 visitation. With the expanded hunting program, minimal additional impacts to vegetation are expected. Hunting could negatively affect vegetation by trampling or creating foot paths. By opening the refuge to hunting new species, the trampling of vegetation may increase slightly, but the physical effects on refuge vegetation from hunting is expected to be minimal and short-term based on anticipated levels of use.

Visitor Use and Experiences Ohio River Islands NWR is open to all six priority public uses (hunting, fishing, wildlife observation, photography, environmental education, and interpretation). The refuge receives 94,000 visitors annually. Of this total, approximately 4,460 visits are for hunting. Most refuge visitation is from boaters who stop at refuge islands in the Ohio River or from those using refuge trails for wildlife observation (USFWS 2018).

We expect a minimal increase in users because of the increased opportunities for hunting on the refuge. We do not expect to see an increase in the number of conflicts among user groups. Experience has proven that time and space zoning (e.g. establishment of separate use area and use periods) is an effective tool in eliminating conflicts between user groups. To minimize potential conflicts, the refuge would be closed to hunting from the Saturday of Memorial Day weekend through Labor Day, the period of highest refuge visitation. Additionally, the areas on Buckley Mainland, Buffalo Creek, and Middle Island with highest use for wildlife observation and environmental interpretation are closed to all hunting.

PUBLIC REVIEW AND COMMENT:

This Compatibility Determination (CD) is part of the Ohio River Islands Hunt Plan and the accompanying EA. Public notification and review of this CD will include no less than a 30-day comment period. We will inform the public through local venues, the refuge website and social media. Comments received from the public will be considered, and modifications may be incorporated into the final plan and decision documents.

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 refuge purposes and Refuge System mission, hunting can occur at Ohio River Islands NWR in accordance with State and Federal regulations and special refuge- specific restrictions to ensure that wildlife and habitat management goals are achieved, and that the program is providing a safe, 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.

Appendix A - Ohio River Islands NWR Hunting Compatibility Determination A-6 The following stipulations are necessary to ensure compatibility:

• The refuge will close to all hunting from the Saturday of Memorial Day weekend through Labor Day to minimize impacts on wildlife and other refuge visitors.

• Areas of high use for wildlife observation including the Buffalo Creek tract and portions of Buckley Mainland tract and Middle Island will be closed to all hunting.

• Big game hunting will be permitted with archery equipment only.

• We require the use of non-toxic ammunition for hunting migratory game birds and upland game species.

JUSTIFICATION:

One of the primary goals of the refuge’s CCP is to “Promote and support priority compatible fish and wildlife dependent uses while maintaining the long-term health of the ecosystem and Service trust resources.” Among those priority compatible fish and wildlife dependent uses is hunting.

Hunting is a priority wildlife-dependent use for the Refuge System through which the public can develop an appreciation for fish and wildlife. 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.

Hunting satisfies a recreational need, but hunting on refuges is an important, proactive management action that can prevent overpopulation and the deterioration of habitat. Disturbance to other species would occur, but this disturbance is generally short-term. Suitable habitat exists on refuge lands to support hunting as proposed.

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

SIGNATURE: Refuge Manager ______(Signature) (Date)

CONCURRENCE: Regional Chief ______(Signature) (Date)

MANDATORY 15 YEAR RE-EVALUATION DATE: ______(Date)

Appendix A - Ohio River Islands NWR Hunting Compatibility Determination A-7 LITERATURE CITED:

Bell, D.V. and Austin, L.W. (1985). The game-fishing season and its effects on overwintering wildfowl. Biological Conservation, 33(1), 65-80.

Cole, D.N. (1990). Trampling disturbance and recovery of cryptogamic soil crusts in Grand Canyon National Park. The Great Basin Naturalist, 321-325.

Cole, D.N. and Knight, R.L. (1990). Impacts of recreation on biodiversity in wilderness. In Proceedings of a Symposium on Wilderness Areas and Their Impacts (Vol. 40). Logan: Utah State University.

USFWS. 2018. Banking on Nature: Ohio River Islands NWR: 2017 Recreational Visitation. Available online at: https://public.tableau.com/views/BankingonNature/RefugeRecreationalVisitation?%3Ae mbed=y&%3Adisplay_count=y&%3AshowVizHome=no

WVDNR. 2020. Big Game Bulletin 2019. Available online at: https://www.wvdnr.gov/Hunting/PDFFiles/BGB_2019.pdf

WVDNR. 2020. Hunting in West Virginia. Available online at: https://www.wvdnr.gov/Hunting/Hunting.shtm

Appendix A - Ohio River Islands NWR Hunting Compatibility Determination A-8 Appendix B

Environmental Assessment for Hunting Expansion at Ohio River Islands 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 Ohio River Islands National Wildlife Refuge (NWR, refuge) currently owns or manages 3,441 acres of lands and waters along 362 miles of the Ohio River in Pennsylvania (PA), West Virginia (WV), and Kentucky (KY). The terrestrial acreage is comprised primarily of islands in the river, as the refuge currently owns, in fee title, all or parts of 22 islands and 4 mainland tracts. The overall land cover is classified as 53 percent underwater habitat, 33 percent forest, and the remaining 14 percent as old fields, wetlands, or other habitats. The refuge is located within 2 hours driving time of many metropolitan areas including Pittsburgh, PA, Columbus, OH, Cincinnati, OH, Cleveland, OH, Charleston, WV, Wheeling, WV, and Lexington, KY.

The U.S. Fish and Wildlife Service (Service) is proposing to expand hunting opportunities for migratory game birds, upland game, and big game species on 22 units to better align hunting programs with State programs. We propose the following changes to the existing hunting plan:

1. Species changes: The refuge would open to all species consistent with State regulations except amphibians, reptiles, sandhill crane, elk, wild boar, porcupine and snowshoe hare. Hunting would open to the following additional species:

Kentucky: Black bear, wild turkey, ruffed grouse, bobwhite quail, raccoon, gray and red fox, bobcat, crow, coyote, striped skunk, opossum, woodchuck, weasel, river otter, muskrat, mink, and beaver.

West Virginia: Black bear, wild turkey, ruffed grouse, bobwhite quail, pheasant, raccoon, gray and red fox, bobcat, crow, coyote, skunk, opossum, woodchuck, weasel, pigeon, English sparrow, European starling, and pigeon.

Appendix B - Ohio River Islands NWR Hunting Environmental Assessment B-1 Pennsylvania: Black bear, wild turkey, ruffed grouse, bobwhite quail, pheasant, raccoon, fox, bobcat, coyote, opossum, striped skunk, weasel, woodchuck, crow, starling, and English sparrow.

2. Hunting area changes: Migratory bird hunting would open on 364 acres not previously open to this use. Upland game hunting would open on 1,400 acres not previously open to this use.

3. Regulations: Big game hunting would be via archery only. The restriction prohibiting the use of rifles, muzzleloaders, or pistols for hunting upland game would be removed. Dogs would be allowed for hunting for migratory game birds.

4. Seasonal changes: The refuge would close to all hunting from the Saturday of Memorial Day weekend through Labor Day.

A proposed action may evolve during the NEPA process as the agency refines its proposal and gathers feedback from the public, Tribes, and other agencies. Therefore, the final proposed action may be different from the original. The proposed action will be finalized 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), the purposes of an individual refuge, Service policy, and laws and international treaties. Relevant guidance includes the National Wildlife Refuge System Administration Act (NWRSAA) of 1966, as amended by the Refuge System Improvement Act of 1997, Refuge Recreation Act of 1962, and selected portions of the Code of Federal Regulations (CFR) and Fish and Wildlife Service (FWS) Manual.

The refuge was established pursuant to the Fish and Wildlife Act of 1956 (16 U.S.C. 742a-742j, as amended). The primary purpose of the refuge is “the development, management, advancement, conservation, and protection of fish and wildlife resources through research, acquisition of land and water or interests therein, development of existing facilities, and other means.”

The mission of the Refuge System, as outlined by the NWRSAA, as amended by the 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”

Appendix B - Ohio River Islands NWR Hunting Environmental Assessment B-2 Additionally, the NWRSAA mandates the Secretary of the Interior in administering the Refuge System (16 U.S.C. 668dd(a)(4)) to:

• 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.

Public hunting at Ohio River Islands NWR began in 1994 and continues to this day, providing quality big game, migratory bird, and upland game hunting opportunities. Access to most refuge units is by boat, which limits hunter use and therefore provides a unique hunting experience.

Purpose and Need for the Proposed Action Hunting is identified as one of the six priority public uses legislatively mandated by the NWRSAA of 1966, as amended by the Refuge System Improvement Act of 1997 (Public Law 105-57) and reinforced as priority uses 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 consistency with State regulations. Additionally, hunting is a healthy, traditional recreational use of renewable natural resources deeply rooted in America’s heritage, and can be an important wildlife management tool.

Appendix B - Ohio River Islands NWR Hunting Environmental Assessment B-3 National wildlife refuges, including Ohio River Islands 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 hunters, non-consumptive users, wildlife species, and the environment while on refuge lands.

The purpose of the refuge’s hunting program is to provide opportunities for hunters to enjoy the refuge, to increase their understanding of the regional environmental importance of the refuge, and to be consistent with refuge management goals and objectives. Expanding hunting access on the refuge provides an opportunity to motivate visitors to value, support, and contribute to the refuge and the Refuge System, becoming better environmental stewards.

Department of the Interior Secretarial Order 3356, signed in 2017, directs the Service to enhance and expand public access to lands and waters on NWRs for hunting, fishing, recreational shooting, and other forms of outdoor recreation. The proposed action would also promote priority public uses of the Refuge System and stewardship of our natural resources. It would increase public appreciation and support for the refuge by providing opportunities for visitors to hunt. To address the needs stated above, the proposed action would bring the refuge into compliance with the management guidance detailed in the orders, policy, and Federal law 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)). Finally, the proposed action would help to meet the statement of objectives detailed in the Hunting Plan.

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

Alternatives Alternative A – Current Management Strategies– No Action Alternative The No Action Alternative would continue the current refuge hunt program, started in 1994. The refuge would continue to provide opportunities for hunting white-tailed deer, Eastern cottontail rabbit, squirrels, waterfowl, coots, rails, gallinules, snipe, woodcock, and dove. No expansion or reduction of hunting programs would occur and the program would be conducted as it is currently.

Alternative B – Expand Hunting Opportunities– Proposed Action Alternative The refuge has prepared a hunt plan, which is presented in this document as the Proposed Action Alternative.

Under the Proposed Action Alternative, the refuge would open to hunting all species consistent with Kentucky, West Virginia, and Pennsylvania State regulations except amphibians, reptiles, sandhill crane, porcupine, snowshoe hare, elk, and wild boar, and would expand hunting on four units (Paden, Mill Creek, Middle, and Neal islands) currently only open to archery hunts of white-tailed deer in addition to the current hunting program. The restriction prohibiting the use

Appendix B - Ohio River Islands NWR Hunting Environmental Assessment B-4 of rifles, muzzleloaders, or pistols for hunting upland game would be removed. The refuge would allow the use of dogs consistent with State regulations when hunting migratory game birds and close to all hunting from the Saturday of Memorial Day weekend through Labor Day.

Additionally, lead is a known metabolic poison that can negatively influence biological processes in wildlife. The ingestion of lead ammunition by other wildlife species is a concern; therefore, the use of lead ammunition would be prohibited. Hunters may use only approved non- toxic ammunition. A more detailed description of the Proposed Action Alternative can be found on pages 3 to 7 of the Hunting Plan.

We would continue to conduct hunting according to State and Federal regulations. Federal regulations pertaining to the Refuge System are in 50 CFR. However, the refuge manager 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. We would restrict hunting if it became incompatible with other priority refuge programs or endangered refuge resources or public safety.

Measures to Avoid Conflicts

● Big game (black bear, white-tailed deer, and wild turkey) would be hunted with archery only.

● The refuge will clearly post information on the hunting seasons at the refuge headquarters, on the website, and on signs throughout the refuge.

● The refuge would close to all hunting from the Saturday of Memorial Day weekend through Labor Day to minimize impacts on wildlife and other refuge visitors.

● Areas of high use for wildlife observation including the Buffalo Creek tract and portions of Buckley Mainland tract and Middle Island will be closed to all hunting.

The specific regulations listed under the Proposed Action Alternative were designed to prevent conflicts and negative impacts on refuge habitat while expanding opportunities on the refuge for hunting. Careful oversight by refuge staff would also mitigate impacts of 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.

This alternative offers increased opportunities for public hunting and fulfills the Service’s mandate under the NWRSAA. The Service has determined that the hunt plan is compatible with the purposes of Ohio River Islands NWR and the mission of the Refuge System.

Appendix B - Ohio River Islands NWR Hunting Environmental Assessment B-5 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 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. We determine significance by considering the degree of effects to that environment, and connected actions are used to assist in determining significance.

The refuge currently owns or manages 3,441 acres of lands and waters along 362 miles of the Ohio River in Pennsylvania (PA), West Virginia (WV), and Kentucky (KY). (See Figure 1 of the Hunting Plan). The terrestrial acreage is comprised primarily of islands in the river, as the refuge currently owns, in fee title, all or parts of 22 islands and four mainland tracts.

Ohio River Islands NWR land cover is classified as 53 percent underwater habitat, 33 percent forest, and the remaining 14 percent as old fields, wetlands, or other. The proposed action would be located in the upland forest tract at Buckley Mainland, Captina Mainland and on all refuge islands with the exception of Wheeling and Crab.

Habitat types on the refuge include:

• Forests (including riparian, upland, floodplain and other types); • Shrublands; • Old fields and grasslands; • Palustrine wetlands; and • Riverine landscapes

For more information regarding the affected environment, please see section 2.2 of the Refuge’s Habitat Management Plan, which can be found at: https://ecos.fws.gov/ServCat/Reference/Profile/89669.

Table B-1 identifies those resources that either do not exist within the project area or would either not be affected or only negligibly affected by the proposed action. As such, these resources are not further analyzed in this EA.

Appendix B - Ohio River Islands NWR Hunting Environmental Assessment B-6 TABLE B-1. POTENTIAL FOR ADVERSE IMPACTS FROM PROPOSED ACTION AND ALTERNATIVES Not Greater than No/Negligible Applicable: Negligible Impacts: Resource Impacts: Resources Exists but no does not Impacts or negligible exist in analyzed in impacts project area this EA

Species to Be Hunted/Fished ☐ ☐ ☒ 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 and Operations ☐ ☒ ☐ Socioeconomics and Environmental Justice ☐ ☒ ☐

Big Game Affected resource description White-tailed deer Ohio River Islands NWR is located in Kentucky, West Virginia, and Pennsylvania and 89 percent of the huntable acreage is in West Virginia in Hunting Districts 1, 5, and 6. Many regions of West Virginia are overpopulated with deer. During the 2019-2020 season, 99,437 total deer were harvested Statewide with 6,718 in District 1; 3,542 in District 5; and 7,368 in District 6 (WVDNR 2020).

Appendix B - Ohio River Islands NWR Hunting Environmental Assessment B-7 Wild turkey In West Virginia, the Statewide turkey population is estimated at approximately 140,000 individuals, distributed throughout all 55 counties. Hunters harvested 11,215 bearded turkeys in West Virginia during the 2019 spring gobbler season, with 2,762 in District 1; 1,840 in District 5; and 2,363 in District 6. Fall turkey harvest totaled 1,113 turkeys, with 186 in District 1; 114 in District 5; and 151 in District 6. Wild turkeys are considered resident species at the refuge.

Black bear In West Virginia, the Statewide turkey population is estimated at approximately 140,000 individuals, distributed throughout all 55 counties. Hunters harvested 11,215 bearded turkeys in West Virginia during the 2019 spring gobbler season, with 2,762 in District 1; 1,840 in District 5; and 2,363 in District 6. Fall turkey harvest totaled 1,113 turkeys, with 186 in District 1; 114 in District 5; and 151 in District 6. Wild turkeys are considered resident species at the refuge.

Anticipated impacts No Action Alternative White-tailed deer hunting would continue to be permitted in designated areas of the refuge. It is estimated that during the 2019-2020 hunt season, 1,750 big game hunt visits were made to the refuge. Under the No Action Alternative, current levels of harvest would be expected, as no new opportunities would be provided.

Proposed Action Alternative Under the proposed action, the current areas of the refuge open to white-tailed deer archery hunting, with the exception of Buckley Mainland, would add opportunities for archery hunts of wild turkey and black bear. Although it is possible that the expanded hunting program could attract additional big game hunters, impacts to local or regional white-tailed deer and wild turkey populations are not expected to change significantly. There are no known populations of black bear on the refuge. Hunting, in the context of an overabundant species like white-tailed deer is an important population management tool that can reduce habitat degradation and competition, yielding healthier populations in the long term.

Waterfowl and Migratory Birds Affected resource description Waterfowl and migratory game bird seasons and bag limits are set by the States within a framework set by the Service and based on surveys, harvest data, and habitat data. Populations of these species have remained relatively stable. In 2018 it was estimated that 3,600 ducks and 2,800 geese were harvested in West Virginia (Raftovich et al. 2019).

Historically, the principal cause of lead poisoning in waterfowl was the collection of high densities of lead shot in wetland sediments associated with migratory bird hunting activities (Kendall et al. 1996). In 1991, as a result of high bird mortality, the Service instituted a nationwide ban on the use of lead shot for hunting waterfowl and coots (50 CFR 32.2(k)). The Service requires any new shot types for waterfowl and coot hunting to undergo rigorous testing in a three-tier approval process that involves an ecological risk assessment and an evaluation of the candidate shot’s physical and chemical characteristics, short- and long-term impacts on reproduction in waterbirds, and potential toxic impacts on invertebrates (50 CFR 20.134).

Appendix B - Ohio River Islands NWR Hunting Environmental Assessment B-8 Because of this rigorous testing, the shot toxicity issue of the past is substantially less of an ecological concern. However, there remains a concern about the bioavailability of spent lead ammunition (bullets) on the environment, endangered and threatened species, birds, mammals, and other fish and wildlife susceptible to biomagnification.

Anticipated impacts No Action Alternative Waterfowl, coot, rail, gallinule, snipe, woodcock and dove hunts would continue to be permitted in designated areas of the refuge. It is estimated that during the 2019-2020 hunt season, 2,500 waterfowl hunt visits and 10 migratory game bird hunt visits were made to the refuge. Under the No Action Alternative, current levels of harvest would be expected, as no new opportunities would be provided.

The refuge requires the use of non-toxic ammunition to minimize risk of lead poisoning to waterfowl and other wildlife; therefore, there would be no impacts.

Proposed Action Alternative Under the proposed action, four new areas would open to waterfowl and migratory bird hunting, totaling 364 acres. Additionally, the refuge would open to crow, European starling, pigeon and English sparrow hunting with the restriction that hunting would be closed from the Saturday of Memorial Day weekend through Labor Day. This may result in a small increase in hunter use; however, impacts to local or regional waterfowl or migratory game bird populations are not expected to change significantly.

The refuge requires the use of non-toxic ammunition when hunting migratory game birds and upland game species to minimize risk of lead poisoning to waterfowl and other wildlife; therefore, there would be no impacts.

Upland Game Affected resource description Furbearers (coyote, bobcat, fox, raccoon, opossum, striped skunk, weasel, woodchuck, river otter, muskrat, mink, beaver) Hunting of coyote, bobcat, fox, raccoon, opossum, striped skunk, weasel, woodchuck, river otter, muskrat, mink and beaver is common throughout the region. No systematic inventory of mammalian species has been conducted at Ohio River Islands NWR; however, staff have observed all proposed species. Proposed changes would expand species to align with current State regulations.

Grouse, pheasant and quail Quail and pheasant are considered incidental species at the refuge. Grouse are considered resident species, although they are rarely observed by refuge staff or visitors.

Squirrel and rabbit Fox squirrel, grey squirrel and Eastern cottontail rabbit are resident species on the refuge.

Appendix B - Ohio River Islands NWR Hunting Environmental Assessment B-9 Anticipated impacts No Action Alternative Squirrel and rabbit hunts would continue to be permitted in designated areas of the refuge. No new upland game hunting opportunities would be provided. It is estimated that during the 2019- 2020 hunt season, 200 upland game hunt visits were made to the refuge. Under the No Action Alternative, current levels of harvest would be expected, as no new opportunities would be provided.

Proposed Action Alternative Under the proposed action, 1,400 refuge acres would open to new upland game species. This may result in a small increase in hunter use, but impacts to local or regional upland game populations are not expected to change significantly. Upland game hunting is a small component of the current hunt program, and refuge islands are mainly accessible via boat, minimizing use.

Non-Target Wildlife and Aquatic Species Affected resource description The refuge is home to many resident and migratory wildlife species. Common non-target migratory bird species include wood thrush, song sparrow, yellow warbler, common yellowthroat, Northern cardinal, yellow-breasted chat, American robin, common grackle, Acadian flycatcher, Carolina wren, red-eyed vireo, American redstart, Carolina chickadee, Eastern towhee, American goldfinch and white-eyed vireo. Great blue heron, osprey, bald eagle, wood duck, mallard, Canada goose and killdeer nests are frequently documented on refuge islands.

The wetland habitats on and around the islands and within the embayments and mainland wetlands provide suitable habitat for a variety of amphibians, including American toad, Fowler's toad, green frog, bullfrog, gray tree frog complex, Northern spring peeper, pickerel frog, and Northern leopard frog. Limited information is available on salamander populations, but surveys have revealed ravine salamander, smallmouth salamander, mudpuppy, and hellbender on or near the refuge. Five species of turtles have been documented on the refuge including the terrestrial Eastern box turtle, the more aquatic snapping turtle, midland painted turtle, musk turtle, and Eastern spiny softshell turtle. The small mammal populations include at least nine species of bats, meadow vole, short-tailed shrew, meadow jumping mouse, white-footed mouse and deer mouse.

Anticipated impacts No Action Alternative Under this alternative, the current hunting program would be maintained with 1,500 acres of refuge lands open to hunting. Approximately 4,460 hunting visits would be expected annually under this alternative. However, hunting pressure is spread out over the duration of the hunting season for multiple species, thereby minimizing the impacts. This alternative currently results in some short-term, but negligible, negative impacts to small mammals, birds, and other wildlife due to disturbance in areas where human access for hunting and fishing occurs.

Appendix B - Ohio River Islands NWR Hunting Environmental Assessment B-10 Proposed Action Alternative Minimal disturbance of non-target wildlife species may occur with the proposed action. These impacts could include: direct mortality of individuals, changes in wildlife behavior, changes in wildlife population structure, dynamics, and distribution patterns, and disturbance from noise and hunters walking on- and off-trail (Cole and Knight 1990, Cole 1990, Bell and Austin 1985). However, the refuge is not proposing to open new areas to hunting, only to open to new species on existing huntable lands. Therefore, any increase in impacts would be minor because hunting primarily occurs outside of the migratory bird breeding season. Specific regulations prohibit the use of all-terrain vehicles, off-road vehicle travel, camping, and fires, which are most likely to significantly cause disturbance. Disturbance is only short-term on the refuge, and most refuge lands are only accessible via boat, minimizing use and providing areas for wildlife to rest and forage.

Threatened and Endangered Species and Other Special Status Species Affected resource description Two federally listed bat species can be found on or adjacent to the refuge: the endangered Indiana bat (Myotis sodalis) and the threatened Northern long-eared bat (Myotis septentrionalis). Additionally, six federally listed freshwater mussel species occur on the refuge: the fanshell (Cyprogenia stegaria), pink mucket (Lampsilis abrupta), sheepnose (Plethobasus cyphus), purple cat's paw (Epioblasma obliquata), clubshell (Pleurobema clava) and Northern riffleshell (Epioblasma rangiana).

There is a concern about the bioavailability of spent lead ammunition (bullets) and on the environment, endangered and threatened species, birds (especially raptors), mammals, and other fish and wildlife susceptible to biomagnification. Lead shot and bullet fragments found in animal carcasses and gut piles are the most likely source of lead exposure (Kelly et al. 2011). Many hunters do not realize that the carcass or gut pile they leave in the field usually contains lead bullet fragments. Research continues on the effects of lead ammunition and the fragments it can deposit in killed game. Avian predators and scavengers can be susceptible to lead poisoning when they ingest lead fragments or pellets in the tissues of animals killed or wounded by lead ammunition. Lead poison may weaken raptors and increase mortality rate by leaving them unable to hunt or more susceptible to vehicles or power line accidents (Kramer and Redig 1997).

In a study of bald eagles and golden eagles admitted to the Raptor Rehabilitation Program at the College of Veterinary Medicine of Washington State University from 1991 to 2008, it was found that 48 percent of bald eagles and 62 percent of golden eagles tested had blood lead levels considered toxic by current standards. Of the bald and golden eagles with toxic lead levels, 91 percent of bald eagles and 58 percent of golden eagles were admitted to the rehabilitation facility after the end of the general deer and elk hunting seasons in December (Stauber 2010).

Additionally, recent studies have found that wildlife hunted with lead ammunition can increase risks to human health due to the ingestion of lead (Hunt et. al 2009). While no lead poisoning of humans has been documented from ingestion of wild game, some experts, including the Center for Disease Control, have recommended the use of non-toxic bullets when hunting to avoid lead exposure and that pregnant women and children under 6 should not consume wild game-shot with lead ammunition (Streater 2009). This recommendation comes after a study done in North

Appendix B - Ohio River Islands NWR Hunting Environmental Assessment B-11 Dakota found that those who ate wild game had significantly higher levels of lead in their blood than those who did not (Iqbal et. al 2009).

The refuge requires the use of non-toxic ammunition when hunting migratory game birds and upland game species to minimize risk of lead poisoning to waterfowl and other wildlife.

Anticipated impacts No Action Alternative Hunting is likely to have no effect on these species given the time of year the activities take place and where hunting occurs. Present activities do not have adverse impacts on any threatened or endangered species.

Proposed Action Alternative Hunting is likely to have no effect on the two bat species. Areas open to hunting are not expected to impact Indiana or Northern long-eared bats due to the time of day and time of year hunters are active. Additionally, the refuge would be closed to hunting from the Saturday of Memorial Day weekend through Labor Day, which is when disturbance could potentially affect bat maternity colonies. Hunting on refuge islands is likely to have no effect on the listed freshwater mussel species which are found on the river bottom. The typical draw of recreational boats is too small to cause damage to mussel beds, and the potential increase in hunter use of islands is a small proportion of overall visitation.

Habitat and Vegetation (including vegetation of special management concern) Affected resource description The dominant habitat type in hunt areas is riparian forest, with common species including silver maple, sycamore, cottonwood, black willow, pawpaw, wingstem, and tall coneflower. Additionally, old fields and meadows in the process of forest succession are found on some refuge islands with common species including goldenrod, reed canary grass, ironweed, aster, dogwood, blackberry, and false indigo.

Anticipated impacts No Action Alternative Under current levels of use, some impacts to vegetation observed are likely due to trampling, walking off-trail, creating foot paths, setting up temporary deer stands, and pulling boats on to island shorelines. However, because the majority of hunting takes place when plants are entering dormancy or are dormant, impacts from hunting are limited and short-term.

Proposed Action Alternative The anticipated number of hunters would comprise a small fraction of the refuge’s total visitation. With the expanded hunting program, minimal additional impacts to vegetation are expected. Hunting could negatively affect vegetation by trampling or creating foot paths. By opening the refuge to hunting new species, the trampling of vegetation may increase slightly, but the physical effects on refuge vegetation from hunting is expected to be minimal and short-term based on anticipated levels of use.

Appendix B - Ohio River Islands NWR Hunting Environmental Assessment B-12 Visitor Use and Experiences Affected resource description Ohio River Islands NWR is open to all six priority public uses (hunting, fishing, wildlife observation, photography, environmental education, and interpretation). The refuge receives 94,000 visitors annually. Of this total, approximately 4,460 visits are for hunting (USFWS 2018). Most refuge visitation is from boaters who stop at refuge islands in the Ohio River or from those using refuge trails for wildlife observation.

Anticipated impacts No Action Alternative Currently, the refuge is open to wildlife-dependent uses where the activities were found compatible. Many of these activities had historically taken place before the refuge acquired the land. The lands that are open to hunting follow State seasons and regulations as well as refuge- specific regulations. There have been very few conflicts among user groups that have involved hunting. In order to address non-hunting refuge visitors’ possible safety concerns, the refuge staff ensure that all hunting zones are posted and clearly delineated

Proposed Action Alternative We expect a minimal increase in users because of the increased opportunities for hunting on the refuge. We do not expect to see an increase in the number of conflicts among user groups. Experience has proven that time and space zoning (e.g. establishment of separate use area and use periods) is an effective tool in eliminating conflicts between user groups. To minimize potential conflicts, the refuge would be closed to hunting from the Saturday of Memorial Day weekend through Labor Day, the period of highest refuge visitation. If conflicts arise among user groups, mitigation efforts, including time and space zoning, can be designed and implemented to ensure the proposed action would not have significant impacts to other user groups.

Cultural Resources Affected resource description The islands of the Ohio River have a rich history of occupation and use by Native Americans and there are a number of identified artifact sites. There are also some structures left behind by settlers, but none are on the National Register of Historic Places (NRHP). There are no remaining recognized tribes within the refuge boundary.

Anticipated impacts No Action Alternative No adverse impacts would occur under this alternative.

Proposed Action Alternative 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 NRHP. It is believed the proposed action would not likely affect any cultural resources found on the refuge’s units. The Service’s policy is to preserve these cultural, historic, and archaeological resources in the public trust, and avoid any adverse effects wherever possible. We expect that the ethical behavior of users and Service regulations would deter those individuals utilizing refuge land during the

Appendix B - Ohio River Islands NWR Hunting Environmental Assessment B-13 hunting season to remove or disturb any cultural resources. Under both alternatives, prior to any future construction, the refuge will consult the State Historic Preservation Office, affected tribes, and conduct a cultural resources survey in accordance with Section 106 of the National Historic Preservation Act. Therefore, there would be no adverse impacts.

Refuge Management and Operations Affected resource description The refuge headquarters is located in Williamstown, WV and includes the main office, visitor contact station, maintenance shop, boat shed, apartment for seasonal employees, and storage buildings. Additional buildings are located on Middle Island and include a secondary maintenance shop and storage building. Ohio River Islands NWR currently has 6 full-time staff. Hunters on the refuge utilize two parking lots, one refuge road, and a network of trails. A boat is required to access 19 of the refuge islands.

Anticipated impacts No Action Alternative Hunters currently use refuge infrastructure, such as parking areas, to gain access to a portion of refuge lands. Most refuge lands are only accessible via boat. The impacts to refuge infrastructure from hunting are short-term and negligible.

Proposed Action Alternative Annual hunt administration costs for Ohio River Islands NWR, including salary, law enforcement, permits, maintenance of infrastructure, etc., totals approximately $2,500. Annual staff requirements for the hunt program include formulating annual programs, plans, and regulations, preparing reports and brochures, responding to public inquiries, and enforcement efforts.

Socioeconomics and Environmental Justice Affected resource description The largest cities along the Ohio River's banks are Pittsburgh, PA, Cincinnati, OH, and Louisville, KY. Many of the larger (and more visited) islands in the refuge's boundary are clustered around the Parkersburg, WV and Marietta, OH area. The counties of these two cities (Wood County and Washington County, respectively) comprise the metropolitan area of over 149,000 people. In 2018, the average individual daily expenditure in the local community by refuge visitors was $54 (Dietsch et. al. 2019). The refuge receives 94,000 visitors annually. Of this total, approximately 4,460 visits are for hunting (USFWS 2017).

Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, requires all 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 Alternative The current program has a minor, long-term beneficial impact to the local economy.

Appendix B - Ohio River Islands NWR Hunting Environmental Assessment B-14 Proposed Action Alternative While hunting visitation may increase due to increased opportunities, hunting only accounts for a fraction of expenditures related to the refuge. Expanding the hunting program at Ohio River Islands NWR would likely enrich the local economy by attracting additional refuge visitors to the area, but the additional economic impact is expected to be negligible under this action.

The Service has not identified any potential adverse environmental or human health impacts from this proposed action or any of the alternatives. The Service has identified no minority or low-income communities within the impact area. Minority or low-income communities would not be disproportionately affected by any impacts from this proposed action or any of the alternatives.

Monitoring Many game species populations are monitored by the State agencies through field surveys and game harvest reports, which provide an additional means for monitoring populations. The State has determined that populations of game species are at levels acceptable to support hunting and these assessments are reviewed and adjusted periodically. The refuge will be adaptive towards harvest management under the hunt program to ensure species and habitat health. Refuge- specific hunting regulations may be altered to achieve species-specific harvest objectives in the future. The refuge conducts monitoring of target and non-target species, habitats, and environmental conditions.

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 – Current Management Strategies – No Action Alternative: 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, including new access sites to refuge lands for other users. This alternative has the least short-term impact to physical and biological resources; however, long- term impacts on habitat quality could be more adverse. In addition, this alternative would reduce our actions as mandated under the NWRSAA and Secretarial Order 3356.

Alternative B – Expand Hunting Opportunities– Proposed Action Alternative This alternative is the Service’s proposed action because it offers the best opportunity for public that would result in a minimal impact on physical and biological resources, while meeting the Service’s mandates under the NWRSAA and Secretarial Order 3356. The Service believes that hunting on the refuge would not have a significant impact on local or regional wildlife populations because the percentage likely to be harvested on the refuge, though possibly additive to existing hunting takes, would be a tiny fraction of the estimated populations. Additional hunting would not add more than slightly to the accumulative impacts to wildlife from hunting at the local or regional levels, and would only result in minor, negative impacts to wildlife populations.

Appendix B - Ohio River Islands NWR Hunting Environmental Assessment B-15 List of Sources, Agencies and Persons Consulted Clifford Brown, Environmental Resources Specialist, WVDNR

List of Preparers Elaine Barr, Wildlife Biologist Wilson Darbin, Visitor Services Assistant Tom Bonetti, regional Hunting and Fishing Coordinator Stacey Lowe, Regional Hunting and Fishing Chief

State Coordination Ohio River Islands NWR and State agency staff work together to ensure safe and enjoyable recreational hunting opportunities. The vast majority of refuge lands are in West Virginia, and the refuge works most closely with the West Virginia Division of Natural Resources (WVDNR) staff. Refuge staff worked in close consultation with State agency staff in preparation of this plan and their comments provided by email on October 9 and November 24, 2020, have been incorporated into this document.

Tribal Consultation There are no local tribes in the vicinity of the refuge and therefore, tribal consultation was not conducted for this hunt plan.

Public Outreach The refuge maintains a mailing list of local newspapers, radio, and websites for news releases. Special announcements and articles may be released in conjunction with hunting seasons. In addition, information about the hunt will be available at Ohio River Islands NWR headquarters and on the Ohio River Islands NWR website.

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: ______

Appendix B - Ohio River Islands NWR Hunting Environmental Assessment B-16 References

Bell, D.V. and Austin, L.W. (1985). The game-fishing season and its effects on overwintering wildfowl. Biological Conservation, 33(1), 65-80.

Cole, D.N. (1990). Trampling disturbance and recovery of cryptogamic soil crusts in Grand Canyon National Park. The Great Basin Naturalist, 321-325.

Cole, D.N. and Knight, R.L. (1990). Impacts of recreation on biodiversity in wilderness. In Proceedings of a Symposium on Wilderness Areas and Their Impacts (Vol. 40). Logan: Utah State University.

Dietsch, A.M., Sexton, N.R., Lyon, K.M., Hartel, C.M., and Mengak, L.F. 2019. National Wildlife Refuge Visitor Survey: 2018 Results for Ohio River Islands National Wildlife Refuge. Columbus, OH: The Ohio State University, School of Environment and Natural Resources.

Hunt W.G., R.T. Watson, J.L. Oaks, C.N. Parish, K.K. Burnham, R.L. Tucker, Belthoff, and G. Hart. 2009. Lead Bullet Fragments in Venison from Rifle-Killed Deer: Potential for Human Dietary Exposure. PLoS ONE 4(4): e5330. doi:10.1371/journal.pone.000533.

Iqbal S., W. Blumenthal, C. Kennedy, F.Y. Yip, S. Pickard, W.D. Flanders, K Loringer, K. Kruger, K.L Caldwell, and M. Jean Brown. 2009. Hunting with lead: association between blood lead levels and wild game consumption. Environmental Research 109(8):952-9. doi: 10.1016/j.envres.2009.08.007.

Kelly, T.R., P.H. Bloom, S.G. Torres, Y.Z. Hernandez, R.H. Poppenga, W.M. Boyce, and C.K. Johnson. 2011. Impact of the California lead ammunition ban on reducing lead exposure in golden eagles and turkey vultures. PLoS ONE. 6(4): e17656. doi:10.1371/journal.pone.0017656.

Kendall, R.J., T.E. Lacher Jr., C. Bunck, B. Daniel, C. Driver, C.E. Grue, F. Leighton, W. Stansley, P.G. Watanabe, and M. Whitworth. 1996. An ecological risk assessment of lead shot exposure in non-waterfowl avian species: upland game birds and raptors. Environmental Toxicology and Chemistry 15:4-20.

Kramer, J.L. and P.T. Redig. 1997. Sixteen years of lead poisoning in eagles, 1980-95: An epizootiological view. Journal of Raptor Research. 31(4): 327-332.

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, Maryland, USA.

Appendix B - Ohio River Islands NWR Hunting Environmental Assessment B-17 Stauber, E., N. Finch, P.A. Talcott, and J.M. Gay. 2010. Lead poisoning of bald (Haliaeetus leucocephalus) and golden (Aquila chrysaetos) eagles in the US inland Pacific Northwest- An 18-year retrospective study: 1991-2008. Journal of Avian Medicine and Surgery 24:279-287. doi: http://dx.doi.org/10.1647/2009-006.1.

Streater, S. 2009. Wild meat raises lead exposure. Environmental Health News. Available: https://www.scientificamerican.com/article/wild-game-deer-venison-condors-meat-lead- ammunition-ban/ (March 2017).

U.S. Fish and Wildlife Service. 2013. Issuance of Annual Regulations Permitting the Hunting of Migratory Birds: Final Supplemental Environmental Impact Statement. Available online at: https://www.fws.gov/migratorybirds/pdf/policies-and- regulations/FSEISIssuanceofAnnualRegulations.pdf.

U.S. Fish and Wildlife Service. 2016. Adaptive Harvest Management: 2017 Hunting Season. U.S. Department of the Interior, Washington, DC. Available online at http://www.fws.gov/birds/management/adaptive-harvest-management/publications-and- reports.php.

U.S. Fish and Wildlife Service. 2017. Banking On Nature 2017: National Wildlife Refuge Data Visualizations. Available online at: https://www.fws.gov/economics/divisionpublications/bon2017viz.asp.

West Virginia Department of Natural Resources (WVDNR). 2020. West Virginia Big Game Bulletin 2019.

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).

Appendix B - Ohio River Islands NWR Hunting Environmental Assessment B-18 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).

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).

Appendix B - Ohio River Islands NWR Hunting Environmental Assessment B-19