Hart Mountain National Antelope Refuge Draft Waterfowl and Upland Game Plan

March 2020

U.S. Fish and Service

Sheldon-Hart National Wildlife Refuge Complex POB 111, 20995 Rabbit Hill Road Lakeview, 97630

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 Hunting Program………………………………………………....7

A. Areas to be Opened to Hunting…………………………………..7

B. Species to be Taken, Hunting Periods, Hunting Access………....9

C. Hunter Permit Requirements (if applicable)……………………..10

D. Consultation and Coordination with the State……………………10

E. Law Enforcement...... ……………………………...... 10

F. Funding and Staffing Requirements ……………………………..11

IV. Conduct of the Hunt Program...…………………………………………………..12

A. Hunter Permit Application, Selection, and/or Registration Procedures (if applicable).……………………...... 12

B. Refuge-Specific Regulations ……………………………………..12

C. Relevant State Regulations ……………………………………….12

D. Other Rules and Regulations for Hunters…………………………13

V. Public Engagement

A. Outreach Plan for Announcing and Publicizing the Hunt……...... 14

B. Anticipated Public Reaction to the Hunting Program…………….14

C. How Hunters Will be Informed of Relevant Rules and Regulations………………………………………………………..15

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VI. Compatibility Determination……………………………………………………..15

References ……………………………………………………………………….15

Appendix A, Hart Mountain National Antelope Refuge, Environmental Assessment for the Waterfowl and Upland Game Bird Hunting...………………………………………………………………………16

Appendix B, Hart Mountain National Antelope Refuge, Draft Compatibility Determination for Waterfowl and Upland Game Bird Hunting...……………………………………………………………………….47

List of Tables

Table 1. Costs to Administer and Manage the Waterfowl and Upland Game Bird Hunting Program on Hart Mountain NAR ………………………………...………………………11

List of Maps

Map A. Hart Mountain National Antelope Refuge Public Use Map………………………………………………………………………………8

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HART MOUNTAIN NATIONAL ANTELOPE REFUGE DRAFT WATERFOWL AND UPLAND GAME BIRD HUNTING 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, U.S. Fish and Wildlife Service (USFWS; Service, hereafter 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, selected portions of the Code of Federal Regulations, and the Service’s Manual.

Hart Mountain National Antelope Refuge (NAR, Refuge) was established on December 20, 1936 by President Franklin D. Roosevelt for the conservation and protection of the once-imperiled (Antilocapra americana). The purposes of the Refuge are:

• “as a range and breeding ground for antelope and other species of wildlife” (EO 7523, December 21, 1936; and

• “for use as an inviolate sanctuary, or for any other management purpose, for migratory ” (16 U.S.C. section 715d, Migratory Bird Conservation Act, February 18, 1929).

Hart Mountain National Antelope Refuge (NAR) is located in County south-central Oregon, on a massive fault block ridge that ascends abruptly nearly three-quarters of a mile above the floor in a series of rugged cliffs, steep slopes, and knife-like ridges. The west face of the mountain is cut by several deep gorges. The most rugged of these--Hart, Potter, and DeGarmo canyons--extend from the valley floor to the top of the main ridge. Refuge elevations range from 4,470 feet at the base of Poker Jim Ridge, to 8,017 feet at the summit of Warner Peak. The east side of the mountain is less precipitous, descending in a series of rolling hills and low ridges to the sagebrush- typical of southeastern Oregon and the Great Basin. The Refuge’s rugged diversity of the terrain creates a rich mix of types, home to more than 300 species of wildlife, including iconic Great Basin species such as pronghorn, , , greater sage-grouse, and redband trout.

The approximately 278,000-acre refuge is one of the most expansive wildlife in the arid West free of domestic livestock. The Refuge contains a proposed wilderness area, the 19,276- acre Poker Jim Ridge Proposed Wilderness Area, that was originally recommended to Congress for designation as wilderness in 1972. The Service continues to administer the area consistent with policies for wilderness management. Since its creation in 1936 as a range for remnant herds of pronghorn antelope, management of the refuge has broadened to include conservation of habitat for a number of additional native, rare, and imperiled species of fish, wildlife, and plants that depend upon the sagebrush-steppe ecosystem for the public's enjoyment, education, and appreciation. Public Use: With the exception of a few gravel and dirt roads and a couple dozen buildings, Hart Mountain Refuge appears today much as it has for the past 12,000 years or more that people

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have lived in this region. This long history of habitation is apparent throughout the refuge in the form of the prehistoric stone tools, , and ancient campsites that remain. Hart Mountain Refuge provides outstanding opportunities for solitude and primitive and unconfined recreation characterized by remoteness, and a variety of sagebrush steppe terrain and scenery. Aside from a limited number of undeveloped primitive roads and semi-primitive campgrounds, Hart Mountain Refuge is undeveloped and can be experienced in its natural state with little or no evidence of human presence, habitation, or alteration. It is estimated that Hart Mountain Refuge receives approximately 10,000-15,000 visitors annually. Recreation activities within the Refuge include wildlife observation and photography, hunting for big game (pronghorn, mule deer) and upland game birds (), fishing (rainbow and redband trout) and rock collecting. Wildlife observation and photography is the most common of these activities. It is estimated 500 visitors participate in hunting within Hart Mountain Refuge each year which represent about 2,500 visitor use days. Most hunt visits are by hunters participating in controlled hunts for pronghorn and mule deer.

The mission of the NWRS, as outlined by the National Wildlife Refuge System Administration Act of 1966 (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 refuges and the fish and wildlife agency of the states in which the units of the NWRS are located; ● 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. Hart Mountain NAR Draft Waterfowl and Upland Game Bird Hunting Plan Page 5

State-managed controlled hunts for pronghorn and mule deer occur on 260,256 acres of the Refuge (the entire refuge except within 3 miles of Hart Mountain Refuge Headquarters, which is closed to all hunting). Hunting for chukar partridge currently occurs on the western escarpment of Hart Mountain (29,536 acres). Hart Mountain NAR is currently closed to waterfowl and quail hunting. However, waterfowl hunting occurs on , adjacent to the Refuge’s western boundary.

In 1994, the Comprehensive Management Plan (CMP) for Hart Mountain NAR was approved by the Service’s Regional Director (USFWS 1994a,b). Waterfowl hunting was not included in the CMP. A Comprehensive Conservation Plan, which would update and replace the CMP, is under development. In this draft hunting plan, the Service proposes to open the Refuge to waterfowl and quail hunting, and would expand the area open to hunting chukar partridge. This Hunt Plan would amend the CMP. Supporting documents include an Environmental Assessment (Appendix A) and Compatibility Determination (Appendix B).

II. Statement of Objectives

Waterfowl and upland game bird hunting is consistent with the Refuge’s CMP’s larger goal to: “Provide opportunities for wildlife/wildlands-dependent recreation and education oriented to the Great Basin ecosystem while maintaining the rugged, remote and undeveloped character of the Refuge.” Hunting is also consistent with the CMP objective to: “Provide a range of wildlife and wildlands oriented recreation opportunities that are compatible with Refuge purposes and wildlife objectives by providing a variety of setting from semi-primitive to roaded natural (Recreation Opportunity Spectrum, ROS), with at least one-third of the Refuge maintained in semi-primitive non-motorized* (SPNM).”

The objectives of a waterfowl and upland game bird hunting program on Hart Mountain NAR are to:

● Increase hunting opportunities for upland game birds, and provide waterfowl hunting opportunities. In coordination with the Oregon Department of Fish and Wildlife (ODFW), annually review and set hunting harvest regulations that provide high-quality recreation opportunities; ● Provide the public with an opportunity to experience wildlife on more Refuge lands; ● Provide wildlife-dependent public recreation as mandated by and according to Service law and policy; ● Provide a quality hunting experience, with uncrowded conditions and a reasonable opportunity for harvest, that meets Refuge guidelines and policies; ● Provide manageable and enforceable hunt boundaries that reduce conflicts with other users, reduce confusion for hunters, and provide sufficient wildlife sanctuary; and ● Promote safety and minimize conflicts between waterfowl hunters and other visitors.

*SPNM areas are at least 2,500 acres in size, at least ½ mile from the nearest road in use, predominantly of natural setting where structures are rare and encounters with people are few.

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III. Description of Hunting Program

A. Areas to be Opened to Waterfowl and Upland Game Bird Hunting

Currently, the Refuge, including lands along Hart Lake (above the mean high water mark), is closed to waterfowl hunting. However, State lands (below mean high water mark) adjacent to the Refuge’s west boundary, including Hart Lake, are open to waterfowl hunting. While not typically an issue for the public or law enforcement, the fact that the Refuge is closed to waterfowl hunting can cause confusion and likely does result in unintentional hunting violations. Consequently, the Service proposes to open the Refuge to waterfowl (duck, merganser, goose, and coot) hunting to reduce confusion regarding boundary issues and eliminate the possibility of violations by people hunting waterfowl along lakeshore areas above the mean high water mark. Although we propose to open the entire Refuge, except within 3 miles of Hart Mountain Refuge Headquarters (18,096 acres), to waterfowl hunting, most waterfowl hunting would be expected to occur on or from the eastern shore of Hart Lake.

The western escarpment of Hart Mountain Refuge (the west slope of Poker Jim Ridge and the southern portion of Hart Mountain from Hart lake south) is open to hunting for chukar partridge, but remains closed to hunting for California quail due to past concerns of unintentional harvest of mountain quail. However, mountain quail do not currently occur on the Refuge and considering the species secretive nature, we no longer believe hunting California quail or chukar would pose a risk to the species even if reintroduction is attempted. Therefore, opening the Refuge to quail hunting would have no effects to mountain quail populations. Consequently, the Service proposes to open the Refuge to hunting for California quail, and to expand the area open to upland game bird hunting from current 29,536 acres to 260,256 acres, which includes the entire Refuge except within 3 miles of Hart Mountain Refuge Headquarters (18,096 acres), This expansion would provide additional recreation opportunity similar to those currently provided at other refuges, including Sheldon National Wildlife Refuge. See Map A.

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Map A – Hart Mountain National Antelope Refuge Public Use Map

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

UPLAND GAME BIRD HUNTING: Chukar partridge and California quail may be taken in accordance with state, federal, and Refuge-specific regulations. Bag limits and hunting seasons on the Refuge would coincide with State regulations. In 2019-20, the Statewide chukar partridge season was October 5-January 31, with a bag limit of 8. In , the California quail season is also October 5-January 31, with a bag limit of 10.

MIGRATORY BIRD HUNTING: Ducks, merganser, geese, and coots may be taken in accordance with state, federal, and Refuge-specific regulations. Bag limits and hunting seasons on the Refuge would coincide with adjacent State areas open to waterfowl hunting.

Hunt Season Dates Daily Bag Limit Possession Zone Limit Youth Sept 21-22 Hunters may take ducks (including 3 times daily State Waterfowl scaup), mergansers, coots and limit geese at the established bag limits Duck and Oct. 5 - Dec. 1 7; not more than: 3 scaup (during 3 times daily Zone 2 Merganser & Dec. 4 - Jan open season), 2 hen , 1 limit 20, 2020 pintail, 2 redheads, and 2 canvasbacks. Scaup Oct. 5 - Dec. 3 (see above) 9 (see above) Zone 2 1 & Dec. 4 - Dec. 31, 2019 Coot Oct. 5 - Dec. 1 25 75 State & Dec. 4 - Jan 20, 2020 September Sept. 7 - 11 5 15 All Eastern Oregon counties Klamath, Lake, Oct. 5 - Dec. 1 4 12 Klamath, Harney, & Dec. 16 - Lake, Malheur Cos Jan. 26, 2020 Harney, Zone Canada Malheur Goose Cos Zone Klamath, Lake, Oct. 5 - Dec. 1 10 white fronted, 6 white. 30 white-fronted, Klamath, Harney & & Jan. 24 - From Jan. 27 - March 10 the daily 18 white. Lake, Malheur Cos Mar. 10, 2020 bag limit is 20 white geese from Jan. 27 - Harney Zone White and March 10 the & White-fronted daily bag limit is Malheur Geese 60 white geese Cos Zone

Refuge Access: The Refuge can be accessed via the Hart Mountain-Frenchglen Road (County Highway 3-12). Refuge roads include three maintained gravel roads, and numerous primitive and unmaintained dirt roads. Vehicles (both motorized and nonmotorized) are allowed only on open

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routes (see Map A, Public Use Map). Roads marked as Closed are not open to vehicle access at any time. Visitors may pull off the road one vehicle length, subject to seasonal fire danger restrictions.

Trails and Backcountry Access: Hiking, horseback riding, use of pack stock, and other non- mechanical modes of access are allowed on trails, routes, and other areas of Hart Mountain Refuge open to the public. Overnight use of stock is limited to Post Meadows Campground.

Camping: Camping within Hart Mountain Refuge is allowed up to 14 consecutive days in four designated campgrounds, and by Refuge Backcountry Camping Permit for backcountry camping.

C. Hunter Permit Requirements

Hunters must comply with all state and federal regulations regarding waterfowl and upland game bird hunting, including provisions outlined in the Code of Federal Regulation 50 CFR 32.2. All hunters must have a valid state hunting license. Upland game bird hunters must have a state license with upland game bird validation. Waterfowl hunters must possess the required state license with migratory game bird Harvest Information Program (HIP) validation, and hunters 16 years old and older must possess a federal Migratory Bird Hunting Stamp while hunting migratory waterfowl. For more details see section IV.C.3 below. No Refuge-specific hunt permit would be required.

D. Consultation and Coordination with the State

Discussions with Oregon Department of Fish and Wildlife (ODFW) staff over the hunting program for Hart Mountain NAR have been ongoing for many years. More recently, on July 25, 2019, USFWS regional senior staff for Refuges and Fisheries had a hunting and fishing coordination meeting with the ODFW leadership team in Salem, Oregon. The ODFW leadership team included Director Curt Melcher, Wildlife Chief Doug Cottam, Fisheries Chief Ed Bowles, several Region Managers, and key technical staff. The Service presented potential opportunities for openings and expansions, and the Service and ODFW came to mutual agreement on phasing of hunting and fishing openings and expansions on Oregon National Wildlife Refuges, including opening Hart Mountain NAR to waterfowl and quail hunting in 2020.

Refuge staff notified the ODFW Lakeview District office that the Service is proposing to open the refuge to waterfowl and quail hunting, and expand the area where upland game bird hunting can occur from the current area to the entire Refuge. The Lakeview District office will be given an advance copy of this 2020-21 Draft Waterfowl and Upland Game Bird Hunting Plan and will be invited to provide comments prior to issuance of the draft plan for public review and comment.

E. Law Enforcement

The Service manages the hunting program on Refuge lands. Regular coordination with ODFW would continue.

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The following methods are used to control and enforce hunting regulations: • Refuge and hunt area boundaries would be clearly posted; • The Refuge would provide road and access regulations on brochures, Tear Sheets, and on the Refuge website. • Service law enforcement staff would randomly check hunters for compliance with federal and state laws as well as Refuge-specific regulations pertinent to the hunt, including compatibility stipulations; • Service law enforcement staff would coordinate with ODFW, Oregon State Police Fish and Wildlife Division (OSPFWD), and other law enforcement agencies. OSPFWD officers would patrol state lands when available to help ensure compliance with laws and hunting regulations. Concurrent jurisdiction would allow OSPFWD officers some authority on Refuge lands as well; and • Information would be made available at the Refuge Complex in Lakeview, Refuge headquarters, Refuge website, and information kiosks.

F. Funding and Staffing Requirements

Most administration and management of hunting on Hart Mountain NAR, including issuing of licenses, permits, and harvest tags, is conducted by ODFW. Administering the waterfowl and upland game bird hunts would require Refuge staff time to coordinate with ODFW, update Refuge brochures and tear sheets, produce news releases, respond to hunter inquiries, conduct hunter and visitor outreach, minimize conflicts among users, conduct law enforcement, maintain boundary posting and visitor information sites, monitor impacts to wildlife and habitat and visitor use, and ensure public safety. Because of the adjoining Refuge and State lands, coordination will be needed between the Refuge and ODFW staff on waterfowl hunting. This coordination will be necessary to effectively conduct outreach, enforcement, and implement regulations.

Maintenance of campgrounds, access roads, stock corrals, and other supporting facilities and routine law enforcement patrols are conducted primarily by the Service. The Refuge has limited staff, including for maintenance and law enforcement. Therefore, the Service has relied on volunteers and conservation organizations to adequately maintain facilities necessary to support sport hunting within the refuge. Periodic law enforcement patrols by staff from other refuges and the state of Oregon will be conducted.

Category and Itemization Annual Cost* Administration and management (volunteer campground hosts, $10,000 volunteer supervision, law enforcement patrols) Maintenance and Operations (campgrounds, campground host $19,000 campsites, roads, vehicles, utilities) Monitoring (wildlife population surveys) $14,000 Offsetting revenues** -$1000 Total $43,000 *Note: Costs required to administer the waterfowl and upland game bird hunts are included in costs to administer the Refuge hunting program, including big game hunting. ** Average annual commercial outfitter/guide permit fees

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IV. Conduct of the Hunting Program

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

No special permit is required. Hunting is permitted in accordance with all state regulations (see http://www.eregulations.com/oregon/game-bird/) and special Refuge regulations. Information for hunting and public access on Hart Mountain NAR is listed below and/or can be downloaded from the Refuge website: https://www.fws.gov/refuge/hart_mountain/

Additional information on season dates, species, and bag limits may be obtained from the ODFW publication “Oregon Game Bird Regulations” which can be downloaded at http://www.eregulations.com/wp-content/uploads/2019/07/19ORGB-LR2.pdf

B. Refuge-Specific Hunting Regulations

Listed below are Refuge-specific regulations that pertain to migratory bird and upland game hunting on Hart Mountain NAR as of the date of this plan. These regulations may be modified as conditions change.

Current Regulations: (1) [Reserved] (2) Upland game hunting. We allow hunting of chukar partridge on designated areas of the refuge.

Proposed Changes to Regulations: (1) Migratory game bird hunting. We allow hunting of duck, merganser, goose, and coot on designated areas of the refuge subject to the following condition: We allow only portable blinds and temporary blinds constructed of synthetic or nonliving natural materials.

(2) Upland game hunting. We allow hunting of chukar partridge and California quail on designated areas of the refuge.

C. Relevant State Regulations

ODFW: Waterfowl (duck, merganser, goose, and coot) and upland game bird (chukar partridge and California quail) hunting is permitted in accordance with all state regulations found at: http://www.eregulations.com/oregon/game-bird/

1. Age

Age requirements will be in accord with ODFW regulations.

2. Allowable equipment (dogs, vehicles, blinds, sporting arms, ammunition)

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Requirements will be in accord with ODFW and Refuge regulations.

3. License and permits

Hunters must comply with all applicable ODFW regulations and must obtain all necessary state licenses, tags, or permits for each season. No Refuge permit is required. For more information see: http://www.eregulations.com/oregon/game- bird/license-tag-permit-fees/

To pursue ducks, mergansers, geese, and coots, hunters must purchase a hunting license with Migratory Game Bird HIP Validation. Hunters 16 years or older also need a federal duck stamp for ducks, mergansers, and geese (not required for coots). Oregon residents age 18 and older must purchase a waterfowl validation.

Hunters who pursue California quail and chukar partridge must purchase a hunting license. Oregon residents age 18 and older must purchase an upland game bird validation. Nonresidents age 18 and older must purchase a Nonresident Game Bird validation to hunt waterfowl or upland game birds.

Youth aged 12-17 must purchase a youth hunting license, with upland game bird or waterfowl validation.

Youth 11 years of age and under do not need a license to hunt game birds, small game, or unprotected wildlife.

Youth 9 to 11 years of age and older may apply for preference point savers through the controlled hunt drawing provided they purchase a Youth License. The free Youth Game Bird Hunting License does not allow a youth to participate in the controlled hunt drawing or apply for preference points.

Youth between 9 and 12 years of age may possess both a free Youth Game Bird Hunting License and a Youth License.

4. Reporting harvesting

Hunters must fulfill all ODFW reporting requirements. All hunters of migratory game birds (ducks, merganser, geese, and coots) are required to complete a HIP survey and possess a state migratory bird permit as evidence of compliance with this requirement when hunting migratory game birds.

5. Hunting Hours

Between Sept. 1 and Mar. 10, all game birds may only be hunted between times specified in the shooting hours table on Shooting Hours, except as noted. Official hunting hours for game birds can be found at http://www.eregulations.com/oregon/game-bird/shooting-hours/

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D. Other Refuge Rules and Regulations for Upland Game Bird and Waterfowl Hunting

● We prohibit hunting within 3 miles (4.8 km) of the refuge headquarters; within 0.25 miles (0.15 km) of designated campgrounds and camping area; and within all areas adjacent to the refuge complex headquarters. ● We allow only portable blinds and temporary blinds constructed of synthetic or nonliving natural materials. Digging of pit blinds for waterfowl hunting is prohibited. ● Vehicles (motorized and nonmotorized) are allowed ONLY on open routes. Roads marked as CLOSED are not open to vehicle access at any time. Off-road use is prohibited. ● We allow overnight camping within designated campgrounds indicated on maps included in the Record of Decision for the Hart Mountain National Antelope Refuge CMP/EIS(USFWS 1994b) and that are signed or otherwise marked for such use. We allow camping outside of designated campgrounds by refuge Backcountry Camping Permit only. ● Unless otherwise indicated by sign, permit, or regulation, the maximum number of consecutive nights any person or attended vehicle may remain at a designated refuge campground is 14 nights. ● Open fires are allowed only at Camp Hart Mountain and Hot Springs Campground within fire rings provided, subject to additional seasonal fire restrictions and/or closures. ● Pets must be leashed, except dogs used for hunting waterfowl or upland birds. Hunting dogs must be under strict voice control at all times. ● Riding or packing with horses and mules is allowed in all areas open to public use. All horses and mules must be haltered, branded, tagged, or otherwise visibly marked as a domestic animal and must be tied, hobbled, high-lined, corralled, or otherwise under direct control at all times. ● We do not allow grazing of domestic animals within Hart Mountain Refuge. ● All , pellets, straw, and other livestock feed used within Hart Mountain Refuge must be certified weed-free.

V. Public Engagement

A. Outreach for Announcing and Publicizing the Hunting Program

The Refuge has a standard list of local media contacts for news releases. A news release announcing the waterfowl hunting opportunities would be sent out prior to the first hunting season. Notices would also be posted on the Refuge website, at the Sheldon-Hart NWR Complex headquarters, Refuge headquarters, and other appropriate locations.

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B. Anticipated Public Reaction to the Hunting Program

Upland bird (chukar partridge) hunting is already established at Hart Mountain NAR, and waterfowl hunting is already established on State lands adjacent to the Refuge. Hunting is generally accepted locally and does not typically generate anti-hunting controversy. We also anticipate favorable reaction to the addition of quail and waterfowl hunting, and the expansion of the area where upland game birds can be hunted, as an added recreational opportunity for the public.

Nationally, there is a component of the population that is opposed to hunting, and some organizations are opposed to hunting, or at least the expansion of hunting, on National Wildlife Refuges and other public lands. However, we feel confident that expanded hunting opportunities on Hart Mountain NAR will be supported by the local community.

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

General information regarding hunting, regulations, maps, and other wildlife-dependent public uses can be obtained at the Sheldon-Hart National Wildlife Refuge Complex headquarters, 20995 Rabbit Hill Road, Lakeview, Oregon 97630 and the Hart Mountain NAR headquarters at 38782 Hart Mountain Road, Plush, Oregon 97637 or by calling Complex headquarters at (541) 947-3315, or Hart Mountain NWR headquarters at (541) 947-2731. Hunting regulations and maps are also available on the website: https://www.fws.gov/refuge/hart_mountain/

ODFW hunting information is available at the Oregon Department of Fish and Wildlife at (503) 947-6000 or toll-free (800) 720-6339, the ODFW Lakeview District Office located at 18560 Roberta Rd., Lakeview, OR 97630, (541) 947-2950, or by emailing ODFW's Public Service Representative at: [email protected]. Hunting resources are available on the ODFW website at: https://www.dfw.state.or.us/resources/hunting/index.asp.

VI. Compatibility Determination

Hunting and all associated program activities proposed in this plan are compatible with the purposes of the Refuge. See attached Compatibility Determination for Waterfowl and Upland Game Bird Hunting on Hart Mountain National Antelope Refuge.

References

USFWS. 1994a. Final Environmental Impact Statement for the Hart Mountain National Antelope Refuge Comprehensive Management Plan. U.S. Fish and Wildlife Service, Region 1, Portland, OR. USFWS. 1994b. Record of Decision for the Hart Mountain Comprehensive Management Plan Final Environmental Impact Statement. U.S. Fish and Wildlife Service, Region 1, Portland, OR.

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Appendix A. Hart Mountain National Antelope Refuge Environmental Assessment for the Proposed Waterfowl and Upland Game Bird Hunts

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DRAFT

Hart Mountain National Antelope Refuge Lake County, Oregon

Environmental Assessment

for the

Proposed Upland Game Bird and Waterfowl Hunts

Prepared by:

U.S. Fish and Wildlife Service Sheldon-Hart National Wildlife Refuge Complex 20995 Rabbit Hill Road Lakeview, Oregon 97630

March 2020

Introduction: This Environmental Assessment (EA) is being prepared by the U.S. Fish and Wildlife Service (Service) 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.

Proposed Action: The Service is proposing to open hunting opportunities for waterfowl (duck, merganser, goose, and coot) and California quail on Hart Mountain National Antelope Refuge (NAR, Refuge) in Oregon, and expand the area where chukar partridge may be hunted. The purposes of the proposed action are to address Secretarial Orders 3347 and 3356 by opening additional hunting opportunities on refuges and more closely aligning refuge hunting regulations with state regulations, while also reducing confusion regarding boundary issues for waterfowl hunters on adjacent State lands, and providing additional recreation opportunity similar to those currently provided at other refuges in the area, including Sheldon National Wildlife Refuge..

Background: National wildlife refuges are guided by the mission and goals of the National Wildlife Refuge System (NWRS), the purposes of an individual refuge, Service 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. Hart Mountain National Antelope Refuge, located in the remote high desert of south-central Oregon, was established on December 20, 1936 by President Franklin D. Roosevelt for the conservation and protection of the once-imperiled pronghorn (Antilocapra americana). Hart Mountain Refuge is one of the only areas of public land in the United States set aside specifically to conserve species such as pronghorn, greater sage-grouse (Centrocercus urophasianus), and other priority sagebrush-steppe wildlife species. The nearest large towns are Lakeview, Oregon (65 miles west) and Burns, Oregon (120 miles north). The Refuge is approximately 10 miles east of the small community of Plush. The mission of the National Wildlife Refuge System (NWRS), as outlined by the National Wildlife Refuge System Administration Act (NWRSAA), as amended by the National Wildlife Refuge System Improvement Act (16 U.S.C. 668dd et seq.), is to: “... administer a national network of lands and waters for the conservation, management and, where appropriate, restoration of the fish, wildlife, and plant resources and their habitats within the United States for the benefit of present and future generations of Americans” The NWRSAA mandates the Secretary of the Interior in administering the NWRS 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;

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• 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 refuges and the fish and wildlife agency of the States in which the units of the NWRS are located; • 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, when those opportunities are compatible with the purposes for which the refuge was established and the mission of the NWRS. Purpose and Need for the Proposed Action: The purpose of this proposed action is to provide compatible wildlife-dependent recreational opportunities at Hart Mountain NAR and to align refuge hunting regulations more closely with Oregon state regulations, and provide additional recreation opportunities similar to those currently provided at other refuges in the area, including Sheldon National Wildlife Refuge. The need for the proposed action is to meet the Service’s priorities and mandates as outlined by the NWRSAA to “recognize compatible wildlife-dependent recreational uses as the priority general uses of the NWRS” and “ensure that opportunities are provided within the NWRS for compatible wildlife- dependent recreational uses” 16 U.S.C. 668dd(a)(4)). An additional purpose of the proposed waterfowl hunt is to reduce confusion regarding boundary issues for waterfowl hunters on adjacent State lands.

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Figure 1. Areas open and closed to hunting, Hart Mountain NAR.

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Alternatives Considered

Alternative A – Open Waterfowl and California Quail Hunting on Hart Mountain NAR; Expand Area Open to Chukar Partridge Hunting [Proposed Action Alternative]: The Refuge has prepared a Draft Waterfowl and Upland Game Bird Hunting Plan (USFWS 2020) for Hart Mountain NAR, which is incorporated herein by reference and attached to this document to provide more details regarding the proposed action. Under Alternative A, we propose to open Hart Mountain NAR to hunting of waterfowl (duck, merganser, goose, and coot) and California quail in accordance with state regulations on 260,256 acres, which is currently open to big game hunting and includes the entire Refuge except the areawithin 3 miles of Refuge headquarters (18,096 acres). We also propose to expand the area open to chukar partridge hunting from the western escarpment of Hart Mountain (29,536 acres) to 260,256 acres (including 230,720 acres that are currently open to big game hunting; see Figure 1). The area within 3 miles of Hart Mountain Refuge Headquarters would remain closed to hunting. Coordination with the Oregon Department of Fish and Wildlife (ODFW) would occur closely for all hunts. The waterfowl hunt dates would align with the state waterfowl seasons (currently September 21-22 for the youth hunt; October 5-December 1 and December 4-January 20 for duck, merganser, coot in Zone 2; a September goose hunt in eastern Oregon; a October 5-December 1 and December 16- January 26 Canada goose hunt in southeastern Oregon; and a October 5-December 1 and January 24- March 10 white and white-fronted goose hunt in southeastern Oregon. Hunters would be subject to the regulations associated with hunting of migratory game birds. California quail hunting would be restricted to the state-defined General Fall Season for eastern Oregon (currently October 5-January 31). Chukar partridge hunting would continue to be allowed during the State general season (also October 5-January 31). Alternative B – Maintain Current Hunt Program [No Action Alternative]: Hart Mountain NAR is currently open to big game (pronghorn, bighorn sheep, and mule deer) hunting in accordance with state regulations on 260,256 acres, which includes the entire Refuge except within 3 miles of Refuge headquarters (18,096-acres). Although the Refuge is open to bighorn sheep hunting, the State closed the Refuge season in 2020 in response to rapidly declining bighorn numbers. Poker Jim Ridge and the west slope of Hart Mountain (29,536 acres) is currently open to chukar partridge hunting in accordance with state regulations. Under this alternative, the current hunt program would continue as is and no additional species would be open to hunting. Management of waterfowl and California quail would continue to consist of allowing the natural dispersal and density patterns of these species to fluctuate in response to weather, forage availability, other ecological processes, off-Refuge hunting, and Refuge management activities. Under the No Action Alternative, there would be no change in current Refuge implementation of priority, compatible wildlife-dependent public uses that are allowed on national wildlife refuges, which currently include hunting, fishing, wildlife observation and photography, environmental education and interpretation. Alternative(s) Considered But Dismissed From Further Consideration No alternatives were dismissed from further consideration.

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Affected Environment The approximately 278,000-acre (434 square mile) Refuge is located in Lake County, Oregon on a massive fault block ridge that ascends abruptly nearly three-quarters of a mile above the Warner Valley floor in a series of rugged cliffs, steep slopes, and knife-like ridges. The west face of the mountain is cut by several deep gorges. The most rugged of these--Hart, Potter, and DeGarmo canyons--extend from the valley floor to the top of the main ridge. Refuge elevations range from 4,470 feet at the base of Poker Jim Ridge, to 8,017 feet at the summit of Warner Peak. The east side of the mountain is less precipitous, descending in a series of rolling hills and low ridges to the sagebrush-grasslands typical of southeastern Oregon and the Great Basin. The Refuge’s rugged diversity of the terrain creates a rich mix of habitat types, home to more than 300 species of wildlife, including iconic Great Basin species such as pronghorn, California bighorn sheep, mule deer, greater sage-grouse, and redband trout. Aside from a limited number of undeveloped primitive roads and semi-primitive campgrounds, Hart Mountain Refuge is undeveloped and can be experienced in its natural state with little or no evidence of human presence, habitation, or alteration. The Refuge receives approximately 10,000-15,000 visitors annually. Recreation activities within the Refuge include wildlife observation and photography, hunting for big game (pronghorn, mule deer) and upland game birds (chukar partridge), fishing (rainbow and redband trout) and rock collecting.

The Refuge is one of the most expansive wildlife habitats in the arid West free of domestic livestock. The Refuge contains a 19,276-acre proposed wilderness area, the Poker Jim Ridge Proposed Wilderness, which was originally recommended to Congress for designation as wilderness in 1972. The Service continues to administer the area consistent with policies for wilderness management. Tables 1– 5 provide additional, brief descriptions of each resource affected by the proposed action. Environmental Consequences of the Proposed Action This section analyzes the environmental consequences of the action on each affected resource, including direct and indirect effects. This EA includes 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” or are otherwise considered important as related to the proposed action. Any resources that will not be more than negligibly impacted by the action and have been identified as not otherwise important as related to the proposed action have been dismissed from further analyses. Tables1–4 provide: 1. A brief description of the affected resources in the proposed action area; and 2. Impacts of the proposed action and any alternatives on those resources, including direct and indirect effects. Table 5 provides a brief description of the anticipated cumulative impacts of the proposed action and any alternatives. Impact Types: • Direct effects are those which are caused by the action and occur at the same time and place; • Indirect effects are those which are caused by the action and are later in time or farther removed in distance, but are still reasonably foreseeable; and • Cumulative impacts result from the incremental impact of the action when added to other past, present, and reasonably foreseeable future actions regardless of what agency (federal or non-federal) or person undertakes such other actions.

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Table 1. Affected Natural Resources and Anticipated Impacts of the Proposed Action and No Action Alternatives

Waterfowl and Upland Game Birds

Waterfowl: The Refuge contains little fall migration habitat for waterfowl. However, The Warner , a 40-mile chain of shallow including 7,324-acre Hart Lake, lie adjacent to the Refuge’s western boundary at the base of Hart Mountain. Each spring and fall, thousands of birds visit these wetlands during their annual migrations. However, bird use during fall migration is affected by water levels of the lakes, which can fluctuate dramatically from year to year (BLM 2019). Waterfowl that are known to breed on the Refuge, and which may use these wetlands during fall migration include Canada goose (Branta canadensis), canvasback (Aythya valisineria), (Anas strepera), (Anas platyrynchos), northern pintail (Anas acuta), northern shoveler (Anas clypeata), redhead (Aythya americana), ruddy duck (Oxyura jamaicensis), blue- winged teal (Anas discors), green-winged teal (Anas carolinensis), and cinnamon teal (Anas cyanoptera). Tundra swans (Cygnus columbianus) do not breed on the Refuge, but use Hart Lake during migration. Upland Game Birds: The chukar partridge is an introduced species found in the dry, rimrock country of eastern Oregon. Oregon stocks originated from India and the first successful releases began in 1951. Extensive areas in eastern Oregon, including Hart Mountain, provide ideal habitat for chukars. Their habitat is generally steep, rocky, and dry. Cheatgrass, an introduced species that is common the arid West, provides food for chukar year-round. ODFW considers Hart Mountain NAR an important chukar area (ODFW 2019 https://myodfw.com/game-bird- hunting/species/chukar-partridge). California quail is a native species originally confined to the counties in Oregon bordering California and Nevada. They were transplanted to other areas of the state beginning as early as 1870 and are now among Oregon’s most widely distributed game birds. Quail habitat needs are rather specific. They need a combination of brushy escape cover with adequate roosting areas (off the ground) and more open areas for feeding. They are seldom found far from water (ODFW 2019 https://myodfw.com/game-bird-hunting/species/californiavalley-quail). Therefore, in arid areas such as Hart Mountain WNR, they are most likely to be found in or near riparian areas along stream courses (e.g. Rock Creek and Guano Creek) during drier months.

Anticipated Direct And Indirect Impacts Alternative A (Proposed Action): Quail and Chukar Partridge: The expansion of the hunt area for chukar partridge would likely result in only a small increase in the number of birds taken on the Refuge. We expect that most hunting for chukar partridge, and most birds will be taken, from Hart Mountain and Poker Jim Ridge since this is where the majority of chukar are found within the refuge. As noted below, chukar populations generally are not limited by hunter harvest. Weather and forage conditions are the primary limiting factors. As a result, chukar populations can be cyclical, but they can rebound quickly (ODFW 2015). Like chukar, populations of California quail are not limited by hunter harvest. The species is considered underutilized in Oregon (ODFW 2015). The 10 year average annual California quail harvest in Oregon (2008-2017) was 33,305 birds. Hunter numbers averaged 6,522, so an average

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of 5 quail per hunter were harvested (ODFW 2018). Assuming number of quail hunters on the Refuge are similar to chukar hunters, we would expect approximately 500 quail to be harvested on the Refuge annually, or about 1.5 percent of the total State harvest. Waterfowl: Although the entire Refuge would be opened to waterfowl hunting, we expect that most waterfowl would be taken within that portion of the refuge south of County Road 3-12, north of Narrows, and between the refuge boundary (mean high water level of Hart Lake) and the Hart Lake Road (see map). Most waterfowl hunters would continue to take birds on, or from the shoreline of, Hart Lake. The hunting of waterfowl in the United States is based upon a thorough regulatory setting process that involves numerous sources of waterfowl population and harvest monitoring data. Seasons and bag limits are adjusted annually through and Adaptive Harvest Management (AHM) process. Breeding waterfowl surveys conducted by the USFWS in the last decade indicate that most of the common duck species have increased to levels at or above those in 1955 when the surveys began, with the notable exceptions of northern pintail and scaup (ODFW 2016). As a result, bag limits for scaup and pintail are low (3 for scaup, 1 for pintail.) Populations of goose species that are likely to occur in the Refuge area during fall migration are stable or increasing (ODFW 2016): The western Canada goose (the most likely to occur in the Refuge area) population increased dramatically through the 1980s and 1990s, although the population has leveled off. Consequently, hunters in most areas of Oregon, including Lake County, are afforded with special September seasons to target these resident geese. Over the last 10 years, Oregon hunters have harvested an average of 426,476 ducks annually. The majority of ducks harvested were mallards, comprising approximately 38% of the harvest. Over the last 10 years, Oregon hunters have harvested an average of 66,347 geese annually, with Canada geese making up about 83% of the annual harvest on average. is hunted most often in conjunction with other waterfowl, but harvest is low. As the flyway coot population continues to remain high, these birds are underutilized and with liberal bag limits can provide increased hunting opportunity (ODFW 2016). There are no data available to estimate the number of waterfowl hunters at Hart Lake, however, given the short season, relatively low numbers of hunters, and variability of water levels from year to year, harvest is likely to be negligible percentage of total numbers harvested in the state and even smaller in the Flyway. Therefore, adverse impacts to waterfowl populations is expected to be detectable but negligible in the context state and flyway populations. Besides mortality, other effects to target species caused by hunting include disturbance and, if disturbance is frequent or there is not adequate sanctuary or escape habitat, loss of body condition and/or reproductive fitness. Waterfowl are wary, seeking refuge from all forms of disturbance but particularly those associated with loud noise and rapid movement (Korschgen and Dahlgren 1992). Numerous studies show human activities associated with hunting (boating, vehicle disturbance, human presence) cause increased flight time in waterfowl species, which requires a considerable amount of energy (Havera et al. 1992; Kahl 1991; Kenow et al. 2003; Knapton et al. 2000). Human disturbance compels waterfowl to change feeding habits, so that they may feed only at night or may desert feeding areas entirely, resulting in weight loss (Korschgen and Dahlgren 1992). However we expect these effects to be minor given the large size of the Refuge and the relatively low numbers of hunters present at any given time.

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Alternative B (No Action): No waterfowl and quail hunting would occur on the Refuge. Poker Jim Ridge and the west slope of Hart Mountain (29,536 acres) would remain open to chukar partridge hunting in accordance with state regulations, and the hunt area would not be expanded. ODFW’s harvest framework for upland game birds is based on the State’s policy to maximize upland game bird hunting opportunities consistent with the adequate protection of the bird populations (ODFW 2015). The 10 year average annual harvest in Oregon from 2008-2017 was 41,410; in any given year more than half of these birds are taken in Harney, Lake, and Malheur counties (ODFW 2016). Hunter numbers averaged 5,904 so an average of 7 birds per hunter were harvested (ODFW 2018). Chukar populations throughout most of their range in Oregon are not limited by hunter harvest. Factors most affecting chukar populations are severe winters, spring drought, and/or wet conditions during the hatching period (ODFW 2015). Hunting pressure on chukar of the Refuge would remain low (an estimated 100 upland game bird hunters annually during the State season (October 5-Jan 31), and the total take of chukar on the Refuge (less than 1,000 birds or less than 2 percent of the total State harvest, assuming all hunters took the bag limit). Other Wildlife Species

Birds: Sagebrush-steppe and shrubland habitats in Hart Mountain Refuge provide important habitat to a range of bird species typical of the Great Basin, including those that depend on sagebrush-steppe to complete their life cycles (sagebrush-steppe obligate species). The Refuge provides core habitat for greater sage-grouse, a species that has been extirpated in some states and has undergone dramatic population declines in its core range (Braun 1998; Wisdom et al. 1998). Other sagebrush-steppe obligate species include Brewer’s sparrow, sage sparrow, and sage thrasher. In addition, many other birds seasonally occupy shrub-steppe habitats in Hart Mountain Refuge including vesper sparrow (Pooecetes gramineus), horned lark (Eremophila alpestris), lark sparrow (Chondestes grammacus), loggerhead shrike (Lanius ludovicianus), green-tailed towhee (Chlorura chlorura), gray flycatcher (Empidonax wrightii), Say’s phoebe (Sayornis saya), western meadowlark (Sturnella neglecta), western kingbird (Tyrannus verticalis), and white-throated swift (Aeronautes saxatalis). Shrub-steppe uplands also provide foraging habitat for raptors, including golden eagles (Aquila chrysaetos), long-eared owl (Asio otus), ferruginous hawk (Buteo regalis), red-tailed hawk (B. jamaicensis), and . Bird species using habitats (e.g. wet meadow, playa): Aquatic and riparian habitats in Hart Mountain Refuge provide important habitat for a wide variety of resident and migratory birds. Nevada and Oregon lie within the Pacific Flyway, the primary seasonal movement corridor for waterbirds migrating west of the Rocky Mountains. The number of waterfowl that use Hart Mountain Refuge is not large compared to other areas, although there is use of Hart Mountain Refuge’s wetlands and reservoirs during migration. Most shorebirds using refuge wetlands are spring and fall migrants that use ephemeral wetlands (playas, mudflats) when water or moist soil is present These species including American avocet, black-necked stilt, Western and Clark’s grebes, Wilson’s phalarope, western snowy plover, and several sandpiper species. Species that use wetlands and wet meadows for foraging or breeding include American bittern (Botaurus lentiginosus), killdeer (Charadrius vociferous), Virginia rail (Rallus limicola), sora rail (Porzana carolina), long-billed curlew, spotted sandpiper (Actitis macularia), willet (Catoptrophorus semipalmatus), and Wilson’s phalarope. Other common waterbird species that occur seasonally in refuge aquatic habitats are greater , black-crowned night heron (Nycticorax nycticorax), double-crested cormorant (Phalacrocorax auritus), Forster’s (Sterna forsteri), black tern (Chlidonias niger), greater and lesser yellowlegs (Tringa melanoleucus and T. flavipes). These habitats also provide foraging areas for a range of seasonally resident and Hart Mountain NAR Draft EA 20200327 Page | 9

migrating raptors, including American kestrel, golden eagles, ferruginous hawk, northern harrier, rough-legged hawk, Swainson’s hawk (Buteo swainsoni), short-eared owl, long-eared owl, and western screech owl (Otus asio). Passerines also occupy these habitats and include bobolink (Dolichonyx oryzivorus), Brewer’s blackbird (Euphagus cyanocephalus), red-winged blackbird (Agelaius phoeniceus), calliope hummingbird (Stellula calliope), rufous hummingbird (Selasphorus rufus), savannah sparrow, fox sparrow (Passerella iliaca), vesper sparrow, and western bluebird (Sialia mexicana). Several species of waterfowl also nest in Hart Mountain Refuge including Canada goose (Branta canadensis), canvasback (Aythya valisineria), gadwall (Anas strepera), mallard (Anas platyrynchos), northern pintail (Anas acuta), northern shoveler (Anas clypeata), redhead (Aythya americana), ruddy duck (Oxyura jamaicensis), blue-winged teal (Anas discors), green-winged teal (Anas carolinensis), and cinnamon teal (Anas cyanoptera). Mammals: Hart Mountain Refuge provides important habitat for a herd of pronghorn that ranges across southern Oregon and northern Nevada (Collins 2016). Low sagebrush habitats in Hart Mountain Refuge are particularly important for wintering and fawning. Winter weather severity and spring/summer precipitation strongly influence pronghorn population numbers, trends, production, recruitment, distribution, and seasonal movements. Recent research has also found that at least a portion of the summering populations in Hart Mountain and Sheldon Refuges share a wintering range, with animals overwintering on the land between the two refuges along Guano Valley, and other individuals making long distance migrations into Nevada (Collins 2016). Summer pronghorn populations have undergone large fluctuations since Hart Mountain Refuge was established. Fawn survival began to improve in the late 1990s. Since that time the Hart Mountain pronghorn population has continued to substantially increase, averaging 2,108 animals between 2000 and 2011. In 2012, the minimum estimate of pronghorn summering in the refuge reached an all-time high of 3,723 animals. California bighorn sheep use remote, steep, rugged terrain with good visibility and adequate escape terrain. Hart Mountain and Poker Jim Ridge comprise the majority of suitable bighorn sheep habitat in the refuge. The last historic record of bighorn sheep in Hart Mountain Refuge was in 1912, coinciding with the introduction of domestic sheep grazing to the area. In 1954, 20 California bighorn sheep from British Columbia were successfully reintroduced. Over the next 30 years the population steadily increased, reaching a high minimum estimate of 415 sheep in 1983 and then fluctuating between 300 and 400 animals for roughly the next decade. Between 1996 and 2008, the annual estimates of the population declined but then remained roughly between 200 and 300 animals. Since 2017, however, sheep numbers have declined to less than 100 animals. Hunting for bighorn has been allowed in Hart Mountain Refuge since 1965. Seasons are designed to emphasize quality and tag numbers are adjusted annually based upon total population size, proportion of rams in the population, and lamb recruitment rates. In 2016, the Oregon Department of Fish and Game issued 3 resident and 1 non-resident bighorn sheep tags in Hart Mountain Refuge. In 2020 the sheep season on the Refuge was closed due to declining sheep numbers. Additional sagebrush-obligate or shrubland mammal species on the Refuge include mule deer (Odocoileus hemionus), pygmy rabbit, sagebrush vole (Lagurus curtatus) and (Perognathus parvus). Other mammal species that utilize shrubland habitats in Hart Mountain Refuge include , , , desert wood rat (Neotoma lepida), black-tailed jack rabbit (Lepus californicus), Nuttall’s (mountain) cottontail (Sylvilagus nuttallii), dark kangaroo mouse (Microdipodops megacephalus), northern grasshopper mouse (Onychomys leucogaster), and Preble’s shrew (Sorex preblei).

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Anticipated Direct And Indirect Impacts Alternative A (Proposed Action): The presence and sighting of hunters traveling to, from, and within hunting areas can disturb non-target wildlife species using Refuge habitats. This disturbance, especially when repeated over a period of time, may result in some wildlife species altering food habits or moving to other areas. Nearly all of Hart Mountain Refuge is currently open to public use, including hunting, fishing, wildlife observation, wildlife photography, environmental education, interpretation, and rock collecting. All recreation uses and activities are regulated and managed to avoid significant effect to biological integrity, diversity, and environmental health. The most noticeable disturbance effects occur along the network of maintained primitive roads and unmaintained dirt roads, at Warner Pond, and at the four designated campgrounds, which support recreation uses and activities within the Refuge. We presume impacts such as wildlife disturbance, displacement, and habituation which have been well documented and studied in other areas (Hammitt and Cole 1987), and impacts to habitats from hunting occurring in Hart Mountain Refuge occur seasonally and are short-term in nature due to the relatively few number of refuge visitors. Under Alternative A, waterfowl and California quail hunting would be allowed on 260,256 acres of the Refuge that are currently open to big game hunting. However, while the presence and activity of additional hunters may cause temporary disturbance to other wildlife in the area, there are no foreseeable detrimental impacts to these species, due to the limited number and very low density of hunters that would be present on the Refuge at any given time, the seasonality of the current and proposed hunts, and the availability of adjacent habitat for escape. Hunting would occur outside the breeding season for most of the species listed above. Hunting would also occur during seasons when wetland vegetation is dormant and broods of birds that use these habitats would have fledged. Alternative B (No Action): No additional hunting would occur on the Refuge; therefore, impacts to non-target wildlife species caused by human activities would remain the same as at present.

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Threatened and Endangered Species and Other Special Status Species

No federally listed species are known to occur on the Refuge; however, there are species of Federal and State concern. As noted above, the Refuge provides core habitat for greater sage-grouse, a species that has been extirpated in some states and has undergone dramatic population declines in its core range. In 2010 the Service listed sage-grouse as a candidate species under the Endangered Species Act, meaning that the Service found that listing the range-wide sage-grouse population (as a threatened or endangered species) may be warranted but precluded by higher priority listing actions. In 2015, the Service conducted a further status review and found that listing was not warranted. There is currently no open harvest season for sage-grouse in Hart Mountain Refuge. The sage-grouse population in Hart Mountain Refuge has fluctuated considerably during the past 70 years. Between 1995 and 2004, the average number of males in attendance at spring trend leks increased steadily from a low of around 7 males/lek to an all-time high of 56 males/lek in 2004. Sage-grouse populations are cyclic, and following the high in 2004, the population experienced a downward trend, reaching a low of around 11 males/lek in 2008. In 2011, male attendance at trend leks began to increase, and is currently estimated at near 45 males/lek. Currently the refuge supports approximately 30 leks and the summer population is estimated at roughly 1,000 to 1,500 birds. Following declines in Oregon and Washington and a lack of solid information about its status elsewhere, the pygmy rabbit was designated as a federal species of special concern. In 2010, the Service determined that there has been some loss and degradation of pygmy rabbit habitat range- wide, but not to the magnitude that constitutes a significant threat to the species and that protection under the Endangered Species Act is not warranted. Pygmy rabbits have been identified as an Oregon Strategy Species (Oregon Conservation Strategy 2016) and are listed as a Nevada Species of Conservation Priority (Wildlife Action Plan Team 2006). A number of sagebrush-dependent species, including Brewer’s sparrow, sage sparrow, and sage thrasher, have received special conservation status in one or more western states (Knick and Rotenberry 2002; Wildlife Action Plan Team 2006).Brewer’s sparrow, sage sparrow, ferruginous hawk, and loggerhead shrike have been identified as both Oregon Strategy Species (Oregon Conservation Strategy 2016). Western meadowlarks and northern sagebrush lizards are also listed as Strategy Species in Oregon (Oregon Conservation Strategy).

Anticipated Direct And Indirect Impacts Alternative A (Proposed Action): Impacts to sensitive species or species of concern resulting from hunting would be expected to remain virtually the same as in the No Action Alternative, since there would be expected to be only a minor increase in hunting use, hunter density would be low, and most upland game bird hunters would continue to use the western escarpment of Hart Mountain, which is not a core pronghorn or sage-grouse use area. Alternative B (No Action): No additional hunting would occur on the Refuge; therefore, impacts to sensitive species or species of concern caused by hunting would remain the same as at present (minor). The major factors affecting Refuge species of concern throughout their range would continue to be altered fire regimes, invasive plant species (particularly introduced annual grasses that provide fuels), and habitat fragmentation associated with livestock grazing, fencing, agriculture, mining, urban development, and recreational access.

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Vegetation and Soils (including vegetation of special management concern) According to the most recent comprehensive vegetation mapping effort on the refuge, completed in 2010, upland shrubland and steppe habitats comprise about 85 percent of the refuge. The primary vegetation types are Wyoming big sagebrush ( ssp. wyomingensis), low sagebrush (A. arbuscula), mountain big sagebrush (A.t. ssp. vaseyana) steppe, and Basin big sagebrush (A.t. ssp. tridentata) communities. Plant communities with small acreages on the Refuge, but are disproportionately important to wildlife, include emergent marshes and wet meadows (7,000 acres or 2.5 percent of the Refuge), greasewood (4,000 acres or 1.5 percent) juniper woodlands (5,800 acres or 2.1 percent), mountain mahogany woodland (4,500 acres or 1.6 percent), aspen woodland (800 acres or 0.3 percent), and streams and reservoirs (including springs and springbrooks) (22 acres or .01 percent). Cliffs and canyons comprise 8,000 acres or 3 percent of the Refuge, and playas, salt flats, and mudflats comprise 2,400 acres (0.9 percent).

Past land management practices, including fire suppression and intensive livestock grazing, some of which occurred before Hart Mountain Refuge was established, have potentially altered the patterns and types of vegetation and fuels across the larger landscape. In the Refuge’s Comprehensive Management Plan (CMP; USFWS 1994a), deteriorated habitat conditions were identified as the major limitation on maintaining healthy wildlife populations in the refuge, and thus the major limitation on accomplishing the primary purpose for which the refuge was established. The causes of the core habitat problems were identified as first and foremost deteriorated upland and riparian habitats as a consequence of heavy to severe livestock grazing and fire suppression. Sagebrush-steppe habitats within Hart Mountain Refuge are currently in Good to High condition (as defined by Manier et al. 2013) with intact, native understories as a result of largely passive restoration following the elimination of feral horse and livestock grazing. One of the most evident changes in vegetation of the Great Basin during the past 120 years has been the expansion of encroaching pinyon-juniper into sagebrush-steppe habitats; this is not to be confused with mature, established juniper woodlands. Prior to European settlement, mature juniper woodland was primarily confined to rocky ridges and surfaces with sparse vegetation; however, newly formed juniper stands now occupy more productive sites with deep, well drained soils. Expansion of western juniper into sagebrush-steppe and other habitats coincides with European settlement in this portion of the Great Basin and it has been hypothesized that climate, altered fire frequencies, and livestock grazing in the late 1800s were the primary factors. A number of invasive plant species are found on the Refuge; the most prevalent are cheatgrass (Bromus tectorum) and field brome (Bromus arvensis). The expansion of cheatgrass, as well as other invasive annual grass species such as field brome, is of particular concern to Hart Mountain Refuge. However, compared with much of the rest of the Great Basin, the degree of current cheatgrass and field brome infestations in Hart Mountain Refuge is considered relatively low, and primarily confined within travel corridors and other disturbed sites (e.g., work yards, campgrounds, historic homesteads, burned areas, and areas of historically heavier grazing concentrations).

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Anticipated Direct And Indirect Impacts Alternative A (Proposed Action): The most noticeable effects to vegetation and soils occur along the network of maintained primitive roads and unmaintained dirt roads, at Warner Pond, and at the four designated campgrounds, which support recreation uses and activities within the Refuge. Effects associated with vehicle use are primarily vegetation loss and erosion. Most invasive plants also need some form of transportation to reach new areas (Trombulak and Frissell 2000). Several potential modes of transportation, or “vectors,” continually travel throughout Hart Mountain Refuge in the form of vehicle traffic on roads, people, pets, domestic stock, wildlife, and tools and equipment taken onto the refuge. Use of the Refuge by hunters, and therefore the potential increase in introduction of invasive plants, would increase slightly under this alternative; therefore the impact would be minor and negative. Hiking, horseback riding, use of pack stock, and other non-mechanical modes of access support hunting and are allowed on trails, routes, and other areas of Hart Mountain Refuge open to the public. Overnight use of stock is limited to Post Meadows Campground. Existing trails throughout Hart Mountain Refuge are unmarked and unmaintained. No adverse impacts have been observed from visitors using these routes for hiking, horseback riding, or use of pack stock. It is estimated that fewer than 10 horseback visitors use the refuge each year, and as a result, horseback riding is considered a low-impact activity. Camping within Hart Mountain Refuge also supports hunting. Camping is limited (up to 14 consecutive days in four designated campgrounds, and by Refuge Special Use Permit for backcountry camping). Overnight use of stock is limited to Post Meadows Campground to improve visitor safety, avoid conflict with other visitors, minimize impact to refuge facilities, and mitigate habitat impacts. This limitation on the use of stock within the refuge ensures the wildlife- dependent uses which horseback riding and pack stock use support remain compatible with the purposes for Hart Mountain Refuge. Alternative B (No Action): No additional hunting would occur on the Refuge; therefore, impacts to vegetation caused by human activities would remain the same as at present. All vehicle use is restricted to designated open roads. The unimproved roads within Hart Mountain Refuge are not regularly maintained, but are repaired on a site-by-site basis to keep them in usable condition or to prevent undue resource damage (i.e., excessive erosion). Seasonal vehicle restrictions on most unimproved roads within the refuge mitigate impacts to fish, wildlife and road conditions and ensure the wildlife-dependent uses which these road support remain compatible with the purposes for Hart Mountain Refuge. Impacts of supporting uses (hiking, horseback riding, use of pack stock, and other non-mechanical modes of access) are the same as described for Alternative A.

Table 2. Affected Visitor Use and Experience and Cultural Resources and Anticipated Impacts of the Proposed Action and No Action Alternatives

Visitor Use and Experience Currently, an estimated 10,000-15,000 people visit Hart Mountain Refuge annually. The Refuge provides outstanding opportunities for solitude and primitive and unconfined recreation characterized by remoteness, and a variety of high desert sagebrush-steppe terrain and scenery.

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Aside from a limited number of undeveloped primitive roads and semi-primitive campgrounds, Hart Mountain Refuge is undeveloped and can be experienced in its natural state with little or no evidence of human presence, habitation, or alteration. Recreation activities within the Refuge include wildlife observation and photography, hunting for big game (pronghorn, mule deer and California bighorn sheep) and upland game birds (chukar partridge), fishing (rainbow and redband trout) and rock collecting. Wildlife observation and photography is the most common of these activities.

Visitation occurs on the refuge year-round, with the majority of visitation from late May through mid-October. Maximum use occurs on summer holiday weekends and near the beginning of mule deer and pronghorn hunting seasons (early to mid August, mid September) during which visitors may encounter more than 30 other vehicles in a day and campgrounds are often filled. However, during other times in the summer months visitors are more likely to see fewer than six other vehicles in a day and will most likely find an open campsite at any of the campgrounds within the refuge.

The overall amount of hunting within the refuge is considered low and stable. It is estimated 500 visitors participate in hunting within Hart Mountain Refuge each year which represent about 2,500 visitor use days. Most hunters do not visit the refuge alone. Therefore the number of visitors participating is greater than the number of hunting tags issued (see below). Most hunting visits are associated with big game hunting. It is estimated that about 100 visitors participate in upland bird hunting on the Refuge annually. There were an estimated 100 chukar hunter use days in 2014 (USFWS 2016).

Refuge hunts for mule deer and pronghorn are controlled (limited entry) hunts specific to Hart Mountain NAR, administered by ODFW. From 1994 to 2014 the total number of big-game tags for hunting all authorized big game species within Hart Mountain Refuge has varied from 109 to 243. The average annual number of big-game hunters permitted to hunt within Hart Mountain Refuge from 1994-2016 was 143. Currently, controlled hunts for mule deer include muzzleloader (Oct 3-14; 15 tags) and archery (August 6-Nov 12; 40 total tags). Pronghorn hunts include any weapon (Sept 12-18; 41 tags); archery (August 6-14; 26 tags); and youth (August 15-23, 3 tags). In 2019, 125 mule deer and pronghorn tags were allotted for Refuge hunts. In recent years through 2019, a limited number of bighorn tags (~3 per year) were issued for the Refuge. ODFW has suspended the bighorn sheep hunt and will not issue any bighorn tags for Hart Mountain NAR in 2020 due to a sharp decline in the Refuge bighorn population.

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Anticipated Direct And Indirect Impacts Alternative A (Proposed Action): Conflicts between waterfowl and upland game bird hunters and other user groups could arise, however, this is not expected to be a significant issue because most non-hunting visitation occurs late May through mid-October. Maximum use occurs on summer holiday weekends and near the beginning of mule deer and pronghorn hunting seasons (August and September). Conflicts between waterfowl and upland game bird hunters and big game hunters are expected to be minimal and similar to the existing situation, because numbers of upland game birds hunters expected to use the Refuge are low, and because the chukar and quail seasons (October 5-January 31) occur after the Refuge’s controlled pronghorn hunts (August and September), and only partially overlap with the mule deer muzzleloader and archery seasons. Hunting activities (e.g., gunshot noise) have the potential to disturb Refuge visitors engaged in other wildlife-dependent recreational uses. The impacts would be minor for the reasons described above, and because only small numbers of upland game bird hunters would be present on the Refuge at any given time. Alternative B (No Action): No additional hunting would occur on the Refuge. The Refuge would continue to receive approximately 100 use days by upland game bird hunters on the western slopes of Hart Mountain and Poker Jim Ridge and is where the majority of chukar are found within the refuge.

Wilderness

The Refuge contains a 19,276-acre proposed wilderness area, the Poker Jim Ridge Proposed Wilderness Area, which was originally recommended to Congress for designation as wilderness in 1972. The Service continues to administer the area consistent with policies for wilderness management. Hart Mountain Refuge provides outstanding opportunities for solitude and primitive and unconfined recreation characterized by remoteness, and a variety of high desert sagebrush-steppe terrain and scenery. Aside from a limited number of undeveloped primitive roads and semi-primitive campgrounds, Hart Mountain Refuge is undeveloped and can be experienced in its natural state with little or no evidence of human presence, habitation, or alteration. A number of regulations are already in place to ensure that wilderness character of the proposed wilderness, and opportunities for solitude and primitive and unconfined recreation are maintained. Vehicles are limited to roads designated as Open. Campground development and capacity within Hart Mountain Refuge are limited to ensure recreation settings are maintained consistent with refuge management goals and objectives identified through the Hart Mountain NAR CMP (USFWS 1994a).

Anticipated Direct And Indirect Impacts Under both alternatives, hunting would be conducted in a way that is consistent with the CMP’s objective to: “Provide a range of wildlife and wildlands oriented recreation opportunities that are compatible with Refuge purposes and wildlife objectives by providing a variety of setting from semi-primitive to roaded natural (Recreation Opportunity Spectrum, ROS), with at least one-third of the Refuge maintained in semi-primitive non-motorized.”

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Hunting (for big game species) already occurs in the proposed expansion area for upland game bird hunting. Upland game bird hunting use is currently low, and is likely to remain low. No waterfowl hunting opportunity exists in the Poker Jim Proposed Wilderness area. Therefore, the proposed expansion of the area open to bird hunting, and addition of species would have no effect to wilderness character or visitor seeking remote and unconfined recreation.

Cultural Resources The Hart Mountain NAR headquarters, including office buildings, full-time employee housing, and a barn were constructed in the late 1930s by the Civilian Conservation Corps (CCC) and are considered eligible for listing in the National Historic Register of Historic Places (NRHP) (http://heritagedata.prd.state.or.us/historic/). Establishment of Camp BF-4 (“Camp Hart Mountain”) by the CCC Company 3442 at the base of Hart Mountain in 1937 resulted in perhaps the most important and lasting developments of Hart Mountain Refuge. Following completion of camp construction, Company 3442 commenced building roads, drinking water systems, causeways, telephone lines, buildings, and other developments in the Warner Valley and on Hart Mountain Today little remains of the Camp BF-4 except for the infirmary building the camp entrance marker and some overgrown walkways which can be seen next to the more contemporary Camp Hart Mountain Campground. Camp Hart Mountain is potentially eligible for listing in the NRHP.

Archaeological evidence indicates that humans have lived in south-central Oregon for at least 13,000 years. Several excavations and archaeological research projects have been completed at sites near Hart Mountain Refuge, but relatively little information has been collected within the refuge itself. Both the Warner Wetlands to the west and / Roaring Springs to the east of the refuge have well documented evidence of settlements including basketry, clothing, tools, pottery, grinding stones, which indicate continual use and occupation for many thousands of years. Most archaeological sites are lithic scatters (small stone flakes that are the by-product of stone tool making). Perhaps the most striking and well known evidence of Native American history within Hart Mountain Refuge are the numerous petroglyphs which decorate rock faces and outcrops around desert lakes, playas and other locations throughout the refuge and are mostly associated with root gathering locations. Evidence of looting and theft has been documented at prehistoric sites within the refuge. As a result there are no cave or rockshelter sites within the refuge which have not been impacted by collectors. However, most petroglyphs show little or no evidence of vandalism (USFWS 1994a).

Hart Mountain is within the traditional area of the Northern Paiute, and in particular the Fort Bidwell and Burns Paiute bands. The refuge coordinates and consults with the Burns Paiute, Fort Bidwell Indian Community, and Fort McDermitt Pauite and Shoshone Tribal Councils regarding various management actions and in particular those which have the potential to impact historically or traditionally important locations or resources.

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Anticipated Direct And Indirect Impacts Alternative A (Proposed Action): Section 106 of the National Historic Preservation Act (NHPA, 36 CFR § 800.5) requires federal agencies to take into account the effects of their undertakings on historic properties. The Service has determined that expanding upland game bird hunting and opening the Refuge to waterfowl hunting is the type of undertaking that does not have the potential to cause effects on historic properties (36 CFR § 800.3.a.1. the implementing regulations of Section 106 of the National Historic Preservation Act - NHPA). No ground disturbing activities are proposed and opening the area would not alter, directly or indirectly, any characteristic of a historic property. The undertaking may proceed without further consideration of NHPA Section 106. Alternative B (No Action): Under this alternative, there would be no change to the current hunting program on the Refuge. Hunting of pronghorn, mule deer, and chukar partridge requires no ground-disturbing activities or other activities that might disturb undocumented paleontological, archaeological, or historic sites. Maintaining the current program would not alter, directly or indirectly, any characteristic of a historic property.

Table 3. Affected Refuge Management and Operations and Anticipated Impacts of the Proposed Action and No Action Alternatives

Land Use Roads include three maintained gravel roads, and numerous primitive and unmaintained dirt roads. Trails throughout the refuge backcountry and wilderness areas are primarily abandoned vehicle routes historically used for access to livestock developments and private inholdings later purchased by the Service. The Refuge headquarters, two primitive campgrounds, one semi-primitive campground, and one developed campground, a horse corral, a fishing dock, a small visitor contact station, and a number of information signs and kiosks are maintained to support hunting and other recreation activities. Anticipated Direct And Indirect Impacts Alternative A (Proposed Action): No additional infrastructure would be built to accommodate the proposed hunts. Vehicle traffic may increase slightly due to the proposed hunts, but hunters would be required to use existing access points, roads, and parking areas. Existing vehicle regulations, seasonal road closures, and camping regulations would continue to be enforced. Alternative B (No Action): No additional hunting would occur on the Refuge; therefore, existing land use and infrastructure would remain the same as at present, and impacts to the Refuge’s lands and infrastructure would remain the same as at present.

Refuge Administration The Refuge is administered by the Sheldon-Hart Mountain National Wildlife Refuge Complex (Complex), which administers both Hart Mountain NAR and the Sheldon National Wildlife Refuge. When fully staffed, the Complex is managed by a combination of 21 permanent and 17 temporary/ term/ shared on-site and off-site staff. The Hart Mountain Refuge Manager, Wildlife Refuge Specialist, and one maintenance mechanic/heavy equipment operator are stationed at the Hart Mountain Refuge Headquarters year-round. A fire engine crew and seasonal biological staff

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are stationed at the Hart Mountain Refuge Headquarters on an intermittent basis. The Sheldon-Hart Mountain Refuge Complex Project Leader, Deputy Project Leader, Wildlife Biologist, Habitat Biologist, Data Manager, Fire Management Officer, two Fire Engine Captains/ Crew Leaders, Wildlife Refuge Specialist, Administrative Officer, and Administrative Assistant are stationed in Lakeview, Oregon, at the Complex Headquarters. In addition, a Fire Crew Supervisor, Fire Dispatcher, and Habitat/ Fire Fuels Specialist position are partially funded by the U.S. Fish and Wildlife Service and work at the Lakeview Interagency Fire Center in Lakeview, Oregon. Unlike on-refuge staff, these Complex staff members share their time and duties between Hart Mountain and Sheldon refuges. Salaries and benefits for work conducted on Hart Mountain Refuge in 2016 was estimated to be $1.3 million.

The Sheldon-Hart Mountain Refuge Complex Headquarters consist of an office and visitor contact building, a storage shed, a bunkhouse which provides temporary quarters and housing for seasonal staff, and vehicle storage lot. An additional office and vehicle storage building is located at the Lakeview Interagency Fire Center.

The Hart Mountain Refuge Headquarters, located on the Refuge, consists of a primary office with visitor information center, a secondary office and carpenter shop, a maintenance shop with office, a barn and tack shed, two temporary housing facilities for seasonal staff and researchers, and housing for two full-time employees. Currently the three on-site staff work from the Hart Mountain Refuge Headquarters. Additional work is accomplished across the Complex by temporary maintenance workers, fire personnel, and visitor services personnel. Time spent on the Refuge, specific to hunting, is relatively minimal and is included in the hunting logistics for the Sheldon-Hart Mountain NWR Complex. Law enforcement is currently covered by refuge officers stationed out of the Malheur NWR, in Princeton, Oregon, with assistance from Oregon State Police Fish and Wildlife Officers.

Anticipated Direct And Indirect Impacts Alternative A (Proposed Action): The proposed waterfowl and quail hunts would require relatively little oversight from Refuge staff since they would be included in the typical work associated with current hunts and road and facilities maintenance. This would represent a negligible impact on Refuge staff and budget and would not result in the Refuge having to reduce other priority actions. Alternative B (No Action): No additional hunting would occur on the Refuge; staffing and funding devoted to current hunting programs would remain unchanged.

Table 4. Affected Socioeconomics and Anticipated Impacts of the Proposed Action and No Action Alternatives

Local and Regional Economies

The Refuge lies within Lake County, in south-central Oregon, one of the least populated areas of the United States. In 2017, Lake County had a population of 7,807, while adjacent Harney County had a population of 7,195 (U.S. Department of Commerce 2018). Fewer than 8,000 people live within 100 miles of the refuge. More than 72 percent of lands in Lake and Harney Counties are Federally owned public lands, and 55 percent are managed by the Bureau of Land Management.

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Approximately 25 percent of lands are privately owned. (USGS 2018). In Lake and Harvey Counties in 2018, there were 79 jobs in recreation, 2,195 in government, 3,542 in service industries, and 1,464 non service related jobs (including farming, forestry, agricultural services, and mining; (U.S. Department of Commerce 2019).

The Refuge estimates an average of 10,000-15,000 visitors per year. In 2014 it was estimated there were 11,652 visitors (USFWS 2017). Entries in visitor registers show the majority of visitors to Hart Mountain Refuge are primarily residents living in central and northwest Oregon, California, and Washington. Many local residents also visit the refuge, but are only a small proportion of overall visitation due to the fact that the local area is sparsely populated. It is estimated approximately 30 percent of all refuge visitors camp overnight within the refuge, primarily at the Hot Springs Campground which is popular due to the two hot springs and shaded campsites along Rock Creek located within the campground.

Anticipated Direct And Indirect Impacts Alternative A (Proposed Action): The small number of additional hunters (100 additional visits annually) expected to participate in these hunts would likely buy gas at local service stations and meals from local restaurants. Relative to the size of the local economy, these effects would be positive, but minor. Alternative B (No Action): Under this alternative, additional hunts would not be implemented; therefore, current public uses of the Refuge would continue. Economic impacts to the local and regional economy from Refuge visitation would remain at current levels.

Surrounding Land Uses

Hart Mountain Refuge is nearly surrounded by public lands, including Wilderness Study Areas that are managed by the Bureau of Land Management for multiple uses, including livestock grazing and recreation. A variety of primitive and semi-primitive facilities provide a wide range of recreation opportunities including hunting, fishing, camping, rock collecting, horseback riding, hang gliding, bicycle riding, photography, OHV use, wildlife viewing, and during some years, boating. More than 72 percent of lands in Lake and Harney Counties are Federally owned public lands, and 55 percent are managed by the Bureau of Land Management. Approximately 25 percent of lands are privately owned. (USGS 2018).

Anticipated Direct And Indirect Impacts Under both alternatives, current land use of the area surrounding the Refuge is expected to continue, and hunting would have no effect on surrounding land uses. Hunting on the Refuge would complement hunting that current occurs on adjacent Federal (BLM) and State lands.

Environmental Justice

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.

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Anticipated Direct And Indirect Impacts Alternative A (Proposed Action): The Service has not identified any potential high and adverse environmental or human health impacts related to the proposed action. The Service has identified low-income communities in the surrounding area. Median income in both Lake County and Harney County are significantly lower than in the state of Oregon. Poverty levels in Lake County are significantly higher than the State average, and are slightly higher than the State average in Harney County. Minority populations in Lake and Harney Counties are significantly lower than the State average (U.S. Department of Commerce 2018). However, low-income communities would not be disproportionately affected by any impacts from the proposed action. Alternative B (No Action): Under Alternative B there would be no change to existing Refuge hunt program. There would be no impacts to minority or low-income communities from maintaining the existing program.

Cumulative Impact Analysis: Cumulative impacts are defined as “the impact on the environment which results from the incremental impact of the action when added to other past, present, and reasonably foreseeable future actions regardless of what agency (federal or non-federal) or person undertakes such other actions” (40 CFR 1508.7). Table 5. Anticipated Cumulative Impacts of the Proposed Action and No Action Alternatives

Other Past, Present, and Reasonably Foreseeable Activity Impacting Descriptions of Anticipated Cumulative Impacts Affected Environment

Wildlife-dependent recreation The Refuge would consistently coordinate with ODFW about the hunting program. Under the proposed action Refuges, including Hart Mountain NAR, alternative, the Refuge would allow the harvest of conduct hunting programs within the waterfowl, California quail, and chukar partridge. By framework of state and federal comparison, the state already allows general season hunts regulations. Population estimates of for these species on lands surrounding the Refuge. huntable species are developed at a regional, state, and continental scale. The proposed hunts would have a negligible cumulative Hunting frameworks and take limits are effect on regional and statewide wildlife populations. set based upon these estimates. The Wildlife management of populations is important to proposed Refuge hunting program rules ensure the health of the ecosystem, and the Refuge’s hunt would conform to hunting regulations in program provides minor, additional beneficial impacts to the state of Oregon that have been set for the cumulative impacts of wildlife management in the the State and applicable waterfowl and state. upland game bird zones. By maintaining As a result, changes or additions to hunting on the Refuge hunting regulations that are the same as will have minor cumulative effects on wildlife species in or more restrictive than the state, Oregon. Although the Preferred Alternative would individual refuges ensure that they are increase hunting opportunities compared to the No Action maintaining seasons which are Alternative, only limited numbers of waterfowl and upland supportive of management on a more game bird hunters would be present on the Refuge at any regional basis. Such an approach also given time. The slight increase in hunter activity will not

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provides consistency with large-scale rise to a significant cumulative effect locally, regionally, population status and objectives. or nationally.

Land Uses The Refuge is surrounded primarily by The current use of the area surrounding the Refuge is lands managed by the Bureau of Land expected to continue. The proposed hunts are consistent Management for multiple uses, including with surrounding land use since they either do not public recreation and grazing. interfere with off-Refuge lands or are consistent in State and Federal goals to provide recreational opportunities to the public.

Use of Lead Ammunition The Refuge represents only a small fraction of the hunt waterfowl and upland game birds in the local area. The Use of lead ammunition is allowed under Refuge would not allow use of toxic (lead) shot for Oregon regulations, but many ODFW hunting waterfowl. wildlife areas along with federal NWRs prohibit the use of toxic (lead) shot. Lead shot also cannot be used to hunt duck, merganser, goose, snipe, and coot (https://www.dfw.state.or.us/resources/h unting/learn_to_hunt.asp).

Climate Change Climate change is expected to affect a The proposed action is not anticipated to contribute to the variety of natural processes and impacts of climate change. associated resources. However, the complexity of ecological systems means that there is a tremendous amount of uncertainty about the impact climate change will actually have. The combination of reduced snowpack and increased frequency and severity of drought in the Great Basin, and increased frequency of wildfire could dramatically alter the available wildlife habitat on the Refuge and surrounding areas.

Monitoring The Service would maintain compliance with hunting regulations by dispatching Service and OSP Fish and Wildlife law enforcement officers to the Refuge to perform field checks. Hunters would report harvest of waterfowl to the ODFW as required under Harvest Information Program regulation. ODFW would continue to monitor wildlife populations in eastern Oregon, and would assist Refuge staff on the Refuge, using harvest data and other methods, to determine the response of these wildlife species to management.

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Summary of Analysis: The purpose of this EA is to 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 – Proposed Action Alternative As described above, Alternative A would result in minimal, short-term adverse impacts on habitat and wildlife. The Service believes that waterfowl, chukar partridge, and quail hunting on Hart Mountain NAR would not have a significant impact on regional or statewide wildlife populations. The percentage likely to be taken on the Refuge, though additive to existing hunting takes, would be a small (chukar partiridge, California quail) to negligible (waterfowl) fraction of the estimated statewide populations. Therefore, these hunts would only slightly add to the cumulative impacts to waterfowl, chukar partridge and California quail stemming from hunting at the regional or state levels. In addition, overall populations would continue to be monitored and future harvests would be adjusted as needed under the existing state regulatory processes. While Alternative A would result in minor, short-term increases in wildlife-dependent recreation opportunities on the Refuge, as summarized above, none of the impacts, even when accumulated, would be significant on the human environment. Alternative A is the Service’s proposed action because it offers the best opportunity for expanding public hunt opportunities that would result in a minimal impact on physical and biological resources. Opening the Refuge to these hunts as proposed under this alternative would meet the need of the Refuge under the NWRSAA to provide for compatible, wildlife-dependent recreational opportunities while helping to fulfill Secretarial Orders 3447 and 3356. Based on the above analyses, the Service has determined that Alternative A, the Service’s proposed action alternative, would not have any significant impact on the human environment. Alternative B – No Action Alternative As described above, under Alternative B, the Refuge’s current visitor program would remain unchanged. No additional hunting would occur on the Refuge. Alternative B is not the Service’s preferred alternative because no additional hunt opportunities would be provided and the Refuge would not come closer to aligning Refuge hunt regulations with state regulations. State Coordination: Discussions with Oregon Department of Fish and Wildlife (ODFW) staff over the hunting program for Hart Mountain NAR have been ongoing for many years. More recently, on July 25, 2019, USFWS regional senior staff for Refuges and Fisheries had a hunting and fishing coordination meeting with the ODFW leadership team in Salem, Oregon. The ODFW leadership team included Director Curt Melcher, Wildlife Chief Doug Cottam, Fisheries Chief Ed Bowles, several Region Managers, and key technical staff. The Service presented potential opportunities for openings and expansions, and the Service and ODFW came to mutual agreement on phasing of hunting and fishing openings and expansions on Oregon National Wildlife Refuges, including opening Hart Mountain NAR to waterfowl and quail hunting in 2020.

Refuge staff have notified the ODFW Lakeview District office that the Service is proposing to open the refuge to waterfowl and quail hunting, and expand the area where upland game bird hunting can occur from the current area to the entire Refuge. The Lakeview District Office will be given an

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advance copy of this 2020-21 Draft Waterfowl and Upland Game Bird Hunting Plan and will be invited to provide comments prior to issuance of the draft plan for public review and comment. Tribal Consultation: Regular communication with Native American tribes who are affected or who have an interest in the management of Hart Mountain Refuge will continue to occur. Tribes that Hart Mountain Refuge will coordinate and consult with on a regular basis regarding issues of shared interest include the Burns Paiute Tribe, Fort Bidwell Indian Community, and Fort McDermitt Paiute and Shoshone Tribe. The Burns Paiute Tribe, Fort Bidwell Indian Community, and Fort McDermitt Paiute and Shoshone Tribe will be given an advance copy of the Draft EA and Hunt Plan and invited to provide comments, prior to issuance of the Draft EA for public comment. Public Outreach: This Draft EA and Draft Hunt Plan will be posted on the Refuge website and public comments will be solicited. Comments or requests for additional information may be submitted through any of the following methods: Email: [email protected]. Include “Hart Mountain Game Bird Hunt” in the subject line of the message. Fax: Attn: Hart Mountain Hunt (541) 947-4414. Mail: Sheldon-Hart Mountain National Wildlife Refuge Complex 20995 Rabbit Hill Road PO Box 111 Lakeview, Oregon 97630 All comments received from individuals become part of the official public record. We will handle all requests for such comments in accordance with the Freedom of Information Act and the CEQ’s NEPA regulations in 40 CFR 1506.6(f). The Service’s practice is to make comments, including names and home addresses of respondents, available for public review during regular business hours. Individual respondents may request that we withhold their home address from the record, which we will honor to the extent allowable by law. If you wish us to withhold your name and/or address, you must state this prominently at the beginning of your comments.

List of Sources, Agencies and Persons Consulted: Oregon Department of Fish and Wildlife: Jon Muir, ODFW Lakeview District Wildlife Biologist

U.S. Fish and Wildlife Service, DOI Columbia-Pacific NW Region: Danielle Fujii-Doe, Refuge Manager, Hart Mountain NAR John Kasbohm, Project Leader, Sheldon-Hart Mountain NWRC Shannon Ludwig, Deputy Project Leader, Sheldon-Hart Mountain NWRC Laila Lienisch, Regional Hunting and Fishing Coordinator Ken Morris, Conservation Planner, DOI Columbia-Pacific NW Region

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Brett M. Moule, Chief - Visitor Services and Planning, DOI Columbia-Pacific NW Region Kevin O’Hara, Conservation Planner, DOI Columbia-Pacific NW Region List of Preparers: Danielle Fujii-Doe, Refuge Manager, Hart Mountain NAR Ken Morris, Conservation Planner, DOI Columbia-Pacific NW Region

References: Bureau of Land Management. 1990. Warner Wetlands Area of Critical Environmental Concern Management Plan. Lakeview, Oregon. Havera, S.P., L.R. Boens, M.M. Georgi, and R.T. Shealy. 1992. Human disturbance of waterfowl on Keokuk Pool, Mississippi River. Wildlife Society Bulletin 20(3):290-298. Knapton, R.W., S.A. Petrie, and G. Herring. 2000. Human disturbance of diving ducks on Long Point Bay, Lake Erie. Wildlife Society Bulletin 28(4):923-930. Knight, R.L. and D.N. Cole. 1991. Effects of recreational activity on wildlife in wildlands. Transactions of the North American Wildlife and Natural Resources Conference 56:238-247. Knight, R.L. and D.N. Cole. 1995. Factors that influence wildlife responses to recreationists. Pages 71-79 in: R.L. Knight and K.J. Gutzwiller, eds. Wildlife and recreationists: coexistence through management and research. Washington, D.C.: Island Press. Knight, R.L., and Temple, S.A. 1995. Origin of wildlife responses to recreationists. In: Wildlife and recreationists–Coexistence through management and research. Washington, D.C., Island Press, p. 81–91. Korschgen, C.E. and R.B. Dahlgren. 1992. Human disturbances of waterfowl: causes, effects, and management. Waterfowl Management Handbook. Fish and Wildlife Leaflet 13.2.15. U.S. Fish and Wildlife Service. 8 pp. Oregon Department of Fish and Wildlife (ODFW). 2015. Oregon Upland Game Bird Hunting Season Framework; Effective dates: September 1, 2015 through August 31, 2020. Wildlife Division; Oregon Department of Fish and Wildlife. 4034 Fairview Industrial Drive SE. Salem, Oregon 97302. Available at: https://www.dfw.state.or.us/resources/hunting/upland_bird/docs/2015- 2020_OR_Upland_Game_Bird_Hunting_Season_Framework.pdf Oregon Department of Fish and Wildlife (ODFW). 2016a. 2016 Game Bird Hunting Statistics. https://www.dfw.state.or.us/resources/hunting/upland_bird/docs/2016_Game_Bird_Hunting_ Stats.pdf Oregon Department of Fish and Wildlife (ODFW). 2016b. Sensitive Species List. Available at: https://www.dfw.state.or.us/wildlife/diversity/species/docs/2016_Sensitive_Species_List.pdf Oregon Department of Fish and Wildlife (ODFW). 2018. Upland birds harvest information, August 3, 2018. Available at: https://myodfw.com/articles/upland-birds-harvest-information U.S. Department of Commerce. 2019. Bureau of Economic Analysis, Regional Economic Accounts, Washington, D.C. , as reported in Headwaters Economics’ U.S. Fish and Wildlife Service Socioeconomic Profile. Retrieved January 14, 2020 from https://headwaterseconomics.org/tools/usfws-profiles/.

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U.S. Department of Commerce. 2018. Census Bureau, American Community Survey Office, Washington, D.C., as reported in Headwaters Economics’ U.S. Fish and Wildlife Service Socioeconomic Profile. Retrieved January 14, 2020 from https://headwaterseconomics.org/tools/usfws-profiles/. U.S. Geological Survey, Gap Analysis Program. 2018. Protected Areas Database of the United States (PADUS) version 2.0, as reported in Headwaters Economics’ U.S. Fish and Wildlife Service Socioeconomic Profile. Retrieved January 14, 2020 from https://headwaterseconomics.org/tools/usfws-profiles/. USFWS. 1994a. Final Environmental Impact Statement for the Hart Mountain National Antelope Refuge Comprehensive Management Plan. U.S. Fish and Wildlife Service, Region 1, Portland, OR. USFWS. 1994b. Record of Decision for the Hart Mountain Comprehensive Management Plan Final Environmental Impact Statement. U.S. Fish and Wildlife Service, Region 1, Portland, OR.

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: ______

Hart Mountain NAR Draft EA 20200327 Page | 26

APPENDIX 1

OTHER APPLICABLE STATUES, EXECUTIVE ORDERS & REGULATIONS

STATUTES, EXECUTIVE ORDERS, AND REGULATIONS

Cultural Resources American Indian Religious Freedom Act, as The proposed action includes no ground-disturbing amended, 42 U.S.C. 1996 – 1996a; 43 CFR Part 7 activities, or other activities that might disturb undocumented paleontological, archaeological, or historic Antiquities Act of 1906, 16 U.S.C. 431-433; 43 sites. 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) Executive Order 13007 – Indian Sacred Sites, 61 Fed. Reg. 26771 (1996)

Fish & Wildlife Bald and Protection Act, as Changes are proposed to current Refuge-specific hunting amended, 16 U.S.C. 668-668c, 50 CFR 22 regulations for migratory birds and upland game birds. Endangered Species Act of 1973, as amended, 16 There are no known federal threatened or endangered U.S.C. 1531-1544; 36 CFR Part 13; 50 CFR Parts species on the Refuge. 10, 17, 23, 81, 217, 222, 225, 402, and 450 The proposed action is consistent with Executive Order Fish and Wildlife Act of 1956, 16 U.S.C. 742 a-m 13186 because the Environmental Assessment for Waterfowl and Upland Game Bird Hunting on Hart Lacey Act, as amended, 16 U.S.C. 3371 et seq.; 15 Mountain NAR evaluates the effects of agency actions on CFR Parts 10, 11, 12, 14, 300, and 904 migratory birds. 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)

Hart Mountain NAR Draft EA 20200327 Page | 27

Natural Resources The Refuge contains proposed wilderness that meets the basic criteria for inclusion into the National Wilderness Clean Air Act, as amended, 42 U.S.C. 7401- Preservation System. 7671q; 40 CFR Parts 23, 50, 51, 52, 58, 60, 61, 82, and 93; 48 CFR Part 23 The Service has evaluated the eligibility of streams on Hart Mountain Refuge for wild and scenic river designation and Wilderness Act, 16 U.S.C. 1131 et seq. concluded no streams meet the basic criteria for inclusion Wild and Scenic Rivers Act, 16 U.S.C. 1271 et into the National Wild and Scenic Rivers System seq. The proposed action would have negligible effects to air Executive Order 13112 – Invasive Species, 64 Fed. quality. Reg. 6183 (1999) The proposed action is consistent with Executive Order 13112 because stipulations in permits would be designed to prevent the introduction of invasive species.

Water Resources Coastal Zone Management Act of 1972, 16 U.S.C. The Refuge does not lie in a coastal zone, and contains no rivers, harbors, or navigable waters. 1451 et seq.; 15 CFR Parts 923, 930, 933 There would be negligible impacts of the proposed action Federal Water Pollution Control Act of 1972 on water quality or water resources. (commonly referred to as Clean Water Act), 33 U.S.C. 1251 et seq.; 33 CFR Parts 320-330; 40 The Refuge contains no drinking water sources and does not CFR Parts 110, 112, 116, 117, 230-232, 323, and supply drinking water to any community. 328 The proposed action is consistent with Executive Order Rivers and Harbors Act of 1899, as amended, 33 11990 because implementation of the Hunt Plan would U.S.C. 401 et seq.; 33 CFR Parts 114, 115, 116, protect existing wetlands. 321, 322, and 333 The proposed action is consistent with Executive Order Safe Drinking Water Act of 1974, 42 U.S.C. 300f 11988, because implementation of the Hunt Plan would not et seq.; 40 CFR Parts 141-148 result in the modification or destruction of floodplains. Executive Order 11988 – Floodplain Management, 42 Fed. Reg. 26951 (1977) Executive Order 11990 – Protection of Wetlands, 42 Fed. Reg. 26961 (1977)

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Attachment 1

U.S. Fish and Wildlife Service Endangered Species Act Section 7 Consultation

Endangered Species Act Section 7 Consultation Form For Upland Game Bird and Waterfowl Hunting at Hart Mountain National Antelope Refuge

Refuge Name: Hart Mountain National Antelope Refuge Address: 38782 Hart Mountain Road, Plush, Oregon 97637 Phone: 541-947-2731

Refuge Action: Hart Mountain National Antelope Refuge (NAR; Refuge) is proposing to open quail and waterfowl hunting, and expand the area where upland game birds can be hunted, in accordance with existing State, local, and refuge-specific regulations (50 CFR 32).

Part 1

I. Project Overview

1. Project Location

Hart Mountain NWR is accessed via the Hart Mountain-Frenchglen Road (County Highway 3-12) approximately 10 miles east of the small community of Plush. Oregon. Latitude: 42°48'78.04"N, Longitude: 119°61'29.88"W

2. Description of the Proposed Action

The U.S. Fish and Wildlife Service (Service) is proposing to open the following species to hunting on Hart Mountain NAR: California quail, duck (including merganser), light goose, dark goose, and coot on 260,256 acres, which are currently open to big game hunting, and include the entire Refuge except the area within 3 miles of Refuge headquarters. We also propose to expand the area open to chukar partridge hunting from the western escarpment of Hart Mountain (29,536 acres) to 260,256 acres. The opening of all proposed hunts will help the Refuge open additional compatible hunt opportunities and align Refuge hunting regulations more closely with state hunting regulations. An Environmental Assessment, Compatibility Determination, and Hunt Plan evaluate the proposed upland game bird and waterfowl hunting program at the Refuge. Detailed descriptions of the program and the environmental effects associated with providing this opportunity are described in those documents.

There are no listed species found on the Refuge, or in the area designated for upland game bird and waterfowl hunting. Hunters would be subject to State hunting regulations, which are designed to prevent adverse effects to listed species.

3. Project Timeline

Quail and waterfowl hunting will be opened on Hart Mountain NAR in the Fall of 2020 and remain open until closed.

4. Federally Listed Species and Critical Habitat

A. Listed species and/or their critical habitat: N/A

B. Proposed species and/or proposed critical habitat: N/A

C. Candidate species1: N/A

II. Effects Determination and Response Requested:

Determination

A. no effect/no adverse modification species: No listed species present.

critical habitat: No critical habitat present.

B. may affect, but is not likely to adversely affect species/adversely modify critical habitat

C. may affect, and is likely to adversely affect species/adversely modify critical habitat species: ______status:______* species:______status:______* critical habitat:______*

D. may affect, and is likely to adversely affect species/adversely modify critical habitat species: ______status: Proposed ** species: ______status: Candidate ** proposed critical habitat:______**

______Signature of Preparer Date

Evaluation by Project Leader:

1. For A & B above: Concurrence ______Non-concurrence ______2. For C above: Formal consultation required ______3. For D above: Conference required ______

______Signature of Project Leader Date

1 Include state-listed species here if they are to be evaluated through the Section 7 consultation.

Appendix B. Hart Mountain National Antelope Refuge Draft Compatibility Determination for Waterfowl and Upland Game Bird Hunting

Hart Mountain NAR Draft Waterfowl and Upland Game Bird Hunting Plan Page 17

DRAFT Compatibility Determination for Upland Game Bird and Waterfowl Hunting on Hart Mountain National Antelope Refuge

Uses: Upland Bird Hunting (chukar partridge, California quail); Waterfowl Hunting (duck, mergansers, geese, and coots)

Refuge Name: Hart Mountain National Antelope Refuge (NAR; Refuge)

County and State: Lake County, Oregon

Establishing and Acquisition Authorities

• Executive Order 7523, December 21, 1936; • Migratory Bird Conservation Act of 1929, as amended (16 U.S.C. §715-715r); and • Oregon Public Lands Transfer and Protection Act of 1998 (Public Law 105-321)

Refuge Purposes

• “as a range and breeding ground for antelope and other species of wildlife” (EO 7523, December 21, 1936; and • “for use as an inviolate sanctuary, or for any other management purpose, for migratory birds” (16 U.S.C. section 715d, Migratory Bird Conservation Act, February 18, 1929).

National Wildlife Refuge System Mission:

“The mission of the [National Wildlife Refuge System] (NWRS) 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” (National Wildlife Refuge System Administration Act of 1966, as amended [16 U.S.C. §668dd–668ee]).

Description of the Use

Current Use

Upland Game Hunting-- Hunting for chukar partridge is allowed only on the western escarpment of Hart Mountain National Antelope Refuge (the western slopes of Hart Mountain and Poker Jim Ridge, 29,536 acres), where the majority of chukar partridge are found within the refuge. Hunting seasons for upland game birds begin in October and end in late January. The number of visitors allowed to hunt upland birds within the refuge is not limited. It is estimated about 100 visitors participate in upland bird hunting within Hart Mountain Refuge each year. There were an estimated 100 chukar partridge hunter use days in 2014 (USFWS 2016).

Quail hunting (for California quail, an introduced species), was previously closed to allow for reintroduction of native mountain quail. Mountain quail do not occur on the Refuge, and the refuge remains closed to hunting for California quail even though hunting California quail is not currently believed to pose a risk to the species even if reintroduction is attempted.

Hart Mountain Refuge is currently not open to waterfowl hunting. When water is available, waterfowl hunting opportunities are available on Hart Lake, which is adjacent to the refuge, and hunting occurs along the shoreline of Hart Lake between the Hart Lake access road and the refuge boundary. There is no data available to estimate the number of waterfowl hunters at Hart Lake. State lands (below mean high water mark of Hart Lake) are open to waterfowl hunting. The proximity of refuge uplands to the lakeshore has resulted in some hunters inadvertently hunting on the refuge.

Supporting Uses

Public Access—Public access to areas within Hart Mountain Refuge is provided by a network of vehicle roads and informal backcountry routes and trails. Roads include three maintained gravel roads, and numerous primitive and unmaintained dirt roads. Trails throughout the refuge backcountry areas are primarily abandoned vehicle routes historically used for access to livestock developments and private inholdings later purchased by the Service.

Vehicles (both motorized and nonmotorized) are allowed only on open routes (see Attachment 1, Public Use Map). Roads marked as closed are not open to vehicle access at any time.Vehicle use off- road is prohibited. Visitors may pull off the road one vehicle length, subject to seasonal fire danger restrictions. Hiking, horseback riding, use of pack stock, and other non-mechanical modes of access are allowed on trails, routes, and other areas of Hart Mountain Refuge open to the public. Overnight use of stock is limited to Post Meadows Campground.

Camping—Camping itself is not a priority public use on Service lands, but because of the size, remoteness, and quality of roads within Hart Mountain Refuge, it is important in supporting priority uses, including hunting. There are four types of camping opportunities currently provided within Hart Mountain Refuge: developed, semi-primitive, and backcountry/wilderness. Camping within Hart Mountain Refuge is allowed up to 14 consecutive days in four designated campgrounds, and by Refuge Backcountry Camping Permit for backcountry camping. Campground development and capacity within Hart Mountain Refuge are limited to ensure recreation settings are maintained consistent with refuge management goals and objectives identified through the Hart Mountain Refuge Comprehensive Management Plan (CMP).

Proposed Changes to the Use

Upland Game Hunting—We propose to allow hunting for chukar partridge on all areas of the Refuge that are open to hunting (260,256 acres). We also propose to open the Refuge to hunting of California quail on all areas that are open to hunting (260,256 acres) consistent with Oregon harvest seasons and regulations. We still expect that most chukar partridge hunting, and most chukar partridge will be taken, from Hart Mountain and Poker Jim Ridge since this is where the majority of chukar partridge are found within the refuge.

Waterfowl Hunting—We propose to open Hart Mountain Refuge to hunting for waterfowl hunting, consistent with Federal and State of Oregon harvest regulations and seasons. Although we would allow waterfowl hunting on all areas of the Refuge that are open to hunting (260,256 acres), we would expect that most hunting would occur along the shoreline of Hart Lake between the Hart Lake access road and the refuge boundary (the portion of the refuge south of County Road 3-12, north of Crump Lake Narrows, and between the refuge boundary (mean high water level of Hart Lake) and the Hart Lake Road; see Attachment 1, Public Use Map). Waterfowl hunting seasons begin in September and extend through early March. There are no estimates available for the number of

visitors to Hart Lake who participate in waterfowl hunting each year, but numbers are likely to be low.

Why the use is bring proposed: The purpose of this proposed action is to provide compatible wildlife-dependent recreational opportunities on Hart Mountain National Antelope Refuge and to offer additional hunting opportunities and greater alignment with the state as mandated by Secretarial Orders numbers 3347 and 3356. The need of the proposed action is to meet the Service’s priorities and mandates as outlined by the National Wildlife Refuge System Improvement Act (NWRSIA) of 1997 (Public Law 105-57). The NWRSIA “recognize(s) compatible wildlife-dependent recreational uses as the priority general uses of the NWRS” and “ensure that opportunities are provided within the NWRS for compatible wildlife-dependent recreational uses” 16 U.S.C. 668dd(a)(4)). Hunting is considered a wildlife-dependent public use of the Refuge, as defined by statute (16 U.S.C. 668dd et seq.) and must be given priority over nonwildlife-dependent uses. Hunting of waterfowl, other migratory birds, and upland game are defined as priority public uses under the NWRSIA.

This expansion of chukar partridge hunting and addition of California quail to upland game birds that can be hunted on the Refuge would provide additional recreation opportunity similar to those currently provided at other refuges, including Sheldon National Wildlife Refuge.

The proximity of refuge uplands to the lakeshore has resulted in some hunters inadvertently hunting on the refuge. While not typically an issue for the public or law enforcement, the fact the refuge is closed to waterfowl hunting can cause confusion and likely results in unintentional hunting violations. As a result, the Service is proposing to open the Refuge to waterfowl hunting to simplify the situation and eliminate the possibility of violations by people hunting waterfowl along lakeshore areas above the mean high water mark.

Availability of Resources

Most administration and management of hunting, including issuing of licenses, permits, and harvest tags, is conducted by ODFW. Maintenance of campgrounds, access roads, stock corrals, and other supporting facilities and routine law enforcement patrols are conducted primarily by the Service. Average annual commercial outfitter/guide permit fees provide about $1,000 in offsetting revenue annually. The Service has relied on volunteers and conservation organizations to adequately maintain facilities necessary to support sport hunting within the refuge. Several key staff positions for Hart Mountain Refuge have remained vacant for several years. This has reduced the Service’s ability to maintain public use facilities, recruit and supervise campground volunteers, and enforce refuge hunting regulations. As a consequence, maintenance efforts would primarily address public health and safety. Some facilities may be closed or out of service for prolonged periods or removed entirely due to budget limitations. Periodic law enforcement patrols will be conducted by staff from other refuges and the State of Oregon. Although these deficiencies will limit the Refuge’s ability to support overnight camping and access, they will not preclude hunting nor prohibit the Service from fulfilling its mission or the purposes for Hart Mountain Refuge. Therefore, Hart Mountain Refuge currently has adequate funding and staffing to administer this use.

Category and Itemization Annual Cost

Administration and management (volunteer $10,000 campground hosts, volunteer supervision, law enforcement patrols) Maintenance and Operations (campgrounds, $19,000 campground host campsites, roads, vehicles, utilities) Offsetting revenues $1000 Total $30,000

Anticipated Impacts of the Use

Effects from Hunting

Impacts to Habitat

The primary impact of hunters walking off road is the trampling of vegetation and the potential creation of social trails. Pedestrians can cause structural damage to plants and increase soil compaction and erosion (DeLuca et al. 1998; Whittaker 1978). Because hunting requires off-trail use in the pursuit and/or recovery of game, plants may be trampled, and biotic soil crusts may be disturbed.

The most noticeable effects to vegetation and soils occur along the network of maintained primitive roads and unmaintained dirt roads, at Warner Pond, and at the four designated campgrounds, which support recreation uses and activities within the Refuge. Effects associated with vehicle use are primarily vegetation loss and erosion. Seasonal vehicle restrictions on most unimproved roads within the refuge mitigate impacts to fish, wildlife and road conditions and ensure the wildlife-dependent uses which these road support remain compatible with the purposes for Hart Mountain Refuge. No adverse impacts have been observed from hiking visitors, horseback riding, or use of pack stock.

Roads and trails often function as conduits for movement of nonnative, invasive plant species (Benninger-Truax et al. 1992; Hansen and Clevenger 2005). Most invasive plants also need some form of transportation to reach new areas (Trombulak and Frissell 2000). Several potential modes of transportation, or “vectors,” continually travel throughout Hart Mountain Refuge in the form of vehicle traffic on roads, people, pets, domestic stock, wildlife, and tools and equipment taken onto the refuge. Use of the Refuge by hunters, and therefore the potential increase in introduction of invasive plants, would increase slightly compared to current levels; therefore the impact would be minor and negative.

Overnight use of stock is limited to Post Meadows Campground for several reasons, including to mitigate habitat impacts. This limitation on the use of stock and the requirement that only certified weed-free hay be brought into the refuge, minimizes likelihood of introduction of invasive plants and impacts to habitat.

Campgrounds and their use within Hart Mountain Refuge cause direct impacts to water quality and habitats, and indirect impacts to fish and wildlife populations. Limiting campground use to designated campsites and seasonally restricting vehicle access to Guano Creek Campground during the wettest period of the year is necessary to mitigate impacts from camping. With these restrictions in place, impacts from increased sedimentation into streams, increased water temperatures from reduced vegetation and shading, and loss of vegetation from trampling, vehicle traffic and campsite use would be maintained at acceptable levels and are expected to cause only minor, long-term, adverse impacts to refuge resources.

The majority of direct habitat impacts associated with hunting would be to upland habitats. The impact of waterfowl hunters on habitat for waterfowl is expected to be negligible due to the very limited waterfowl habitat on the Refuge and the small number of hunters involved in this activity.

Impacts to Wildlife: General

Hunting, by its nature, results in the intentional take of individual animals, as well as wounding and disturbance (DeLong 2002). It can also alter behavior (e.g., foraging time), population structure, and distribution patterns of wildlife (Bartelt 1987; Madsen 1995; Owens 1977; Raveling 1979; White- Robinson 1982). In addition to loss of individual target species, hunting also causes disturbance to nontarget species because of noise (most notably the report of a firearm), human presence, and general disturbance associated with the activity. Hunting results in the increase of nontarget species being injured or killed (accidentally or intentionally) in addition to target species being crippled or killed and not retrieved. Disturbances to waterfowl caused by human activity (including hunting) are manifested by alertness, fright (obvious or unapparent), flight, swimming, disablement, or death in nontarget species (Korschgen and Dolgren 1992).

Immediate responses by wildlife to recreational activity can range from behavioral changes including nest abandonment, altered nest placement, and change in food habits to physiological changes such as elevated heart rates, increased energetic costs due to flight or flushing, or even death (Belanger and Bedard 1990; Kight and Swaddle 2007; Knight and Cole 1995; Miller and Hobbs 2000; Miller et al. 1998; Morton et al. 1989). The long-term effects are more difficult to assess but may include altered behavior, vigor, productivity or death of individuals; altered population abundance, distribution, or demographics; and altered community species composition and interactions.

According to Knight and Cole (1991), there are three wildlife responses to human disturbance: avoidance, habituation, and attraction. The magnitude of the avoidance response may depend on a number of factors including the type, distance, movement pattern, speed, and duration of the disturbance; the time of day, time of year, weather; and the animal’s access to food and cover, energy demands, and reproductive status (Fernández-Juricic et al. 2007; Gabrielsen and Smith 1995; Knight and Cole 1991).

Habituation is defined as a form of learning in which individuals stop responding to stimuli that carry no reinforcing consequences for the individuals that are exposed to them (Alcock 1993). A key factor for predicting how wildlife will respond to disturbance is predictability. Often, when a use is predictable—following a trail or boardwalk or at a viewing deck—wildlife will habituate to and accept human presence (Oberbillig 2000). Gabrielsen and Smith (1995) suggest that most animals seem to have a greater defense response to humans moving unpredictably in the terrain (as hunters do) than to humans following a distinct (and repeated) path.

Hunting can contribute indirectly to the well-being of wildlife by providing financial, educational, and sociological benefits to hunters. Hunting has given many people a deeper appreciation of wildlife and a better understanding of the importance of wildlife and habitat conservation, which ultimately contributes to the NWRS mission. The hunting community remains the largest support base for funding wildlife management programs, and refuges provide an opportunity for a high- quality waterfowl hunting experience to all citizens regardless of economic standing. Many individual refuges have developed extensive public information and education programs bringing hunters into contact with refuge activities and facilitating awareness of wildlife issues beyond hunting. Hunting is one of the six priority public uses of the NWRS.

Impacts to Wildlife: Hunting Impacts on Target Species (chukar partridge, quail, and waterfowl)

Chukar Partridge and California Quail: ODFW’s harvest framework for upland game birds is based on the State’s policy to maximize upland game bird hunting opportunities consistent with the adequate protection of the bird populations (ODFW 2015). The 10 year average annual chukar harvest in Oregon from 2008-2017 was 41,410; in any given year more than half of these birds are taken in Harney, Lake, and Malheur counties (ODFW 2016). Hunter numbers averaged 5,904 so an average of 7 birds per hunter were harvested (ODFW 2018). Chukar populations throughout most of their range in Oregon are not limited by hunter harvest. Factors most affecting chukar populations are severe winters, spring drought, and/or wet conditions during the hatching period. As a result chukar populations can be cyclical, but they can rebound quickly (ODFW 2015). Like chukar, populations of California quail are not limited by hunter harvest. The species is considered underutilized in Oregon (ODFW 2015). The 10 year average annual California quail harvest in Oregon (2008-2017) was 33,305 birds. Hunter numbers averaged 6,522, so an average of 5 quail per hunter were harvested (ODFW 2018).

Waterfowl: The hunting of waterfowl in the United States is based upon a thorough regulatory setting process that involves numerous sources of waterfowl population and harvest monitoring data. Waterfowl populations throughout the United States are managed through an administrative process known as flyways, of which there are four (Pacific, Central, Mississippi, and Atlantic). Oregon is included in the Pacific Flyway. A review of the policies, processes, and procedures for waterfowl hunting is covered in a number of documents.

The Service annually promulgates regulations (50 C.F.R. 20) establishing the Migratory Bird Hunting Frameworks. The Migratory Bird Hunting Frameworks provide season dates, bag limits, and other options for states to select from, which should result in the level of harvest determined to be appropriate based upon Service-prepared annual biological assessments detailing the status of migratory game bird populations. The number of waterfowl hunters and resulting harvest are closely monitored through both the Harvest Information Program and the Parts Survey (in which biologists gather at “wing bees” to identify duck wings and goose tails submitted by hunters). Since 1995, such information has been used to support the adaptive harvest management (AHM) process for setting hunting regulations for waterfowl. Under AHM, a number of decision-making protocols determine the choice (package) of predetermined regulations (appropriate levels of harvest) that make up the framework offered to states that year. Each state’s wildlife commission then selects season dates, bag limits, shooting hours, and other options from their respective Flyway package. Their selections can be more restrictive but cannot be more liberal than AHM allows. Thus, the level of hunting

opportunity afforded each state increases or decreases each year in accordance with the annual status of waterfowl populations.

Hunting on refuges as a whole or on Hart Mountain NAR specifically is not likely to have an adverse effect on the status of any recognized waterfowl population in North America. Several points support this contention: (1) the proportion of national waterfowl harvest that occurs on national wildlife refuges is small; (2) there are no waterfowl populations that occur wholly or exclusively on national wildlife refuges; (3) annual hunting regulations within the United States are established to levels consistent with the current population status; and (4) refuges cannot permit more liberal seasons than provided for in Federal frameworks.

Impacts to Wildlife: Local Impacts to Upland Game Birds and Waterfowl

Chukar Partridge and California quail: Hunting pressure on chukar of the Refuge is low (an estimated 100 upland game bird hunters annually during the State season (October 5-Jan 31), and the total take of chukar on the Refuge is less than 1,000 birds or less than 2 percent of the total State harvest, assuming all hunters took the bag limit). The proposed expansion of the hunt area for chukar partridge would likely result in only a small increase in the number of birds taken on the Refuge. We still expect that most hunting for chukar partridge, and most birds will be taken, from Hart Mountain and Poker Jim Ridge since this is where the majority of chukar are found within the refuge. Assuming number of quail hunters on the Refuge are similar to chukar hunters, we would expect approximately 500 quail to be harvested on the Refuge annually, or about 1.5 percent of the total State harvest. These species are managed by the State for a sustainable harvest; therefore impacts of the Refuge hunt would be negligible in terms of total state population.

Waterfowl: Although the entire Refuge would be opened to waterfowl hunting, we expect that most waterfowl would be taken within that portion of the refuge south of County Road 3-12, north of Crump Lake Narrows, and between the refuge boundary (mean high water level of Hart Lake) and the Hart Lake Road (see map). Most waterfowl hunters would continue to take birds on, or from the shoreline of, Hart Lake.

Over the last 10 years, Oregon hunters have harvested an average of 426,476 ducks and 66,347 geese annually, with Canada geese making up about 83% of the annual harvest on average (ODFW 2016).. There are no data available to estimate the number of waterfowl hunters at Hart Lake, however, given the short season, relatively low numbers of hunters, the fact that there is very limited waterfowl habitat on the Refuge, and variability of water levels in Hart Lake from year to year, harvest is likely to be a negligible percentage of total numbers harvested in the state and even smaller in the Flyway. Therefore, adverse impacts to waterfowl populations is expected to be detectable but negligible in the context state and flyway populations.

Besides mortality, other effects to target species cause by hunting include disturbance and, if disturbance is frequent or there is not adequate sanctuary or escape habitat, loss of body condition and/or reproductive fitness. Waterfowl are wary, seeking refuge from all forms of disturbance but particularly those associated with loud noise and rapid movement (Korschgen and Dolgren 1992). Numerous studies show human activities associated with hunting (boating, vehicle disturbance, human presence) cause increased flight time in waterfowl species, which requires a considerable amount of energy (Havera et al. 1992; Kahl 1991; Kenow et al. 2003; Knapton

et al. 2000). Human disturbance compels waterfowl to change feeding habits, so that they may feed only at night or may desert feeding areas entirely, resulting in weight loss (Korschgen and Dolgren 1992). However we expect these effects to be minor given the large size of the Refuge and the relatively low numbers of hunters.

Impacts to Wildlife: Nontarget Species Nearly all of Hart Mountain Refuge is currently open to public use, including hunting, fishing, wildlife observation, wildlife photography, environmental education, interpretation, and rock collecting. All recreation uses and activities are regulated and managed to avoid significant effect to biological integrity, diversity, and environmental health. The most noticeable disturbance effects occur along the network of maintained primitive roads and unmaintained dirt roads, at Warner Pond, and at the four designated campgrounds, which support recreation uses and activities within the Refuge. We presume impacts such as wildlife disturbance, displacement, and habituation which have been well documented and studied in other areas (Hammitt and Cole 1987), and impacts to habitats from hunting occurring in Hart Mountain Refuge occur seasonally and are short-term in nature due to the relatively low number of refuge visitors. We propose to allow waterfowl and upland bird hunting on 260,256 acres of the Refuge that are currently open to big game hunting. However, while the presence and activity of additional bird hunters may cause temporary disturbance to other wildlife in the area, there are no foreseeable detrimental impacts to these species, due to the limited number and very low density of hunters that would be present on the Refuge at any given time, the seasonality of the current and proposed hunts, and the availability of adjacent habitat for escape.

Potential Impacts to Priority Public Uses Conflicts between waterfowl and upland game bird hunters and other user groups could arise; however, this is not expected to be a significant issue because most non-hunting visitation occurs late May through mid-October. Maximum use occurs on summer holiday weekends and near the beginning of mule deer and pronghorn hunting seasons (August and September). Conflicts between waterfowl and upland game bird hunters and big game hunters are expected to be minimal, because numbers of upland game birds hunters expected to use the Refuge are low, and because the chukar and quail seasons (October 5-January 31) occur after the Refuge’s controlled pronghorn hunts (August and September), and only partially overlap with the mule deer muzzleloader and archery seasons. Hunting activities (e.g., gunshot noise) have the potential to disturb Refuge visitors engaged in other wildlife-dependent recreational uses. The impacts would be minor for the reasons described above, and because only small numbers of upland game bird hunters would be present on the Refuge at any given time.

Public Review and Comment:

Public review and comments for this Draft Compatibility Determination will be solicited in conjunction with release of the Draft Hunting Plan and Environmental Assessment for Upland Game Bird and Waterfowl Hunting on Hart Mountain National Antelope Refuge (USFWS 2020) in order to comply with the National Environmental Policy Act and with Service policy. Public review of the Draft Hunt Plan will be conducted concurrently with public review of the Environmental Assessment, before implementing changes to the Refuge’s hunting program.

Determination

___ The use is not compatible.

___ The use is compatible with the following stipulations.

Stipulations Necessary to Ensure Compatibility:

• We allow hunting of chukar partridge, California quail, and waterfowl (duck, merganser, light goose, dark goose, and coot), in accordance with state regulations. • We prohibit hunting within 3 miles (4.8 km) of the refuge headquarters; within 0.25 miles (0.15 km) of designated campgrounds and camping area; and within all areas adjacent to the refuge complex headquarters. • We allow vehicles only on roads and routes during those times of the year specified and that are designated “open” on maps and that are signed or otherwise marked for such use. Roads marked as “Closed” are not open to vehicle use at any time. Off-road use is prohibited. • We allow overnight camping within designated campgrounds that are signed or otherwise marked for such use. We allow camping outside of designated campgrounds by refuge Backcountry Camping Permit only. • Unless otherwise indicated by sign, permit, or regulation, the maximum number of consecutive nights any person or attended vehicle may remain at a designated refuge campground is 14 nights. • Open fires are allowed only at Camp Hart Mountain and Hot Springs Campground within fire rings provided, subject to additional seasonal fire restrictions and/or closures. • Pets must be leashed, except dogs used for hunting waterfowl or upland birds. Hunting dogs must be under strict voice control at all times. • Riding or packing with horses and mules is allowed in all areas open to public use. All horses and mules must be haltered, branded, tagged, or otherwise visibly marked as a domestic animal and must be tied, hobbled, high-lined, corralled, or otherwise under direct control at all times. • We do not allow grazing of domestic animals within Hart Mountain Refuge. • All hay, pellets, straw, and other livestock feed used within Hart Mountain Refuge must be certified weed-free.

Justification

The National Wildlife Refuge System Administration Act of 1966, as amended, identifies recreational hunting as one of six priority public uses on national wildlife refuges. The law states that, when managed in accordance with principles of sound fish and wildlife management and administration, hunting and the other priority wildlife-dependent recreational uses “have been and are expected to continue to be generally compatible uses.” The Act further states that these priority public uses should receive enhanced consideration over other general public uses in refuge planning and management, and directs the USFWS to provide increased opportunities for the public to safely engage in traditional outdoor activities such as fishing and hunting.

Sport hunting does result in harm to individual animals and can result in additional disturbance or displacement of wildlife. Based on the number of hunting tags issued, and the average size of hunting groups during the hunting seasons, we estimate visitation associated with upland game bird hunting is less than 100 people per year, and the majority of visitors who engage in hunting stay in designated campgrounds and travel on roads throughout the refuge primarily by four-wheel drive truck or OHV. We expect that waterfowl hunting would continue to be conducted primarily on adjacent state lands, with minimal impacts to Refuge resources.

By establishing seasonal vehicle restrictions to mitigate adverse impacts to wildlife and wildlife habitat, we expect overall adverse impacts to wildlife from motorized vehicles and vehicle use during the hunting seasons would occur at a level that does not result in significant impact to fish, wildlife, or their habitats within Hart Mountain Refuge. Other requirements for hunting seasons, the use of designated campgrounds, and requirements for backcountry camping permits would also minimize wildlife disturbance and displacement from important habitats. Stipulations identified in this compatibility determination are expected to minimize impacts from hunting within Hart Mountain Refuge to fish, wildlife, plants, and their habitats.

In sum, although sport hunting does result in harm to individual animals and can result in additional disturbance or displacement of wildlife, the relatively limited number of individual animals and plants expected to be adversely affected would not cause wildlife populations to materially decline. The physiological condition and production of refuge species would not be impaired, their behavior and normal activity patterns would not be altered dramatically, and their overall welfare would not be negatively impacted. It is anticipated that wildlife populations would find sufficient food resources and resting places such that their abundance and use of the refuge would not be measurably reduced from allowing these activities to occur. Thus, allowing hunting to occur under the stipulations described above would not materially detract or interfere with the purposes for which the refuge was established or the refuge system’s mission.

Hunting of upland game birds and waterfowl on Hart Mountain National Antelope Refuge has been determined to be compatible with stipulations.

Signature: Refuge Manager:______Date:______

Concurrence: Regional Chief:______Date:______

Mandatory Re-Evaluation Date (provide month and year for “allowed” uses only): __2035 Mandatory 15-year Re-evaluation date (for priority public uses) Mandatory 10-year Re-evaluation date (for all uses other than priority public uses)

NEPA Compliance for Refuge Use Decision:

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

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Attachment 1

Hart Mountain National Antelope Refuge Public Use Map