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). California quail hunting ( 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 NAR Compatibility Determination – Waterfowl and Upland Game Bird Hunting 1 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). 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 re-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 Hart Mountain NAR Compatibility Determination – Waterfowl and Upland Game Bird Hunting 2 visitors to Hart Lake who participate in waterfowl hunting each year, but numbers are likely to be low. Why the use is being 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 Service is proposing to open the Refuge to waterfowl hunting to add additional hunting opportunities and provide greater alignment with the state as mandated by Secretarial Orders numbers 3347 and 3356. We note that waterfowl hunting is currently allowed on Hart Lake below the mean high water mark, adjacent to the Refuge lands which lie above the mean high water mark. The fact the refuge is currently closed to waterfowl hunting may cause confusion and has the potential to result unintentional hunting violations. Although there is no evidence that hunting violations are occurring, allowing waterfowl hunting on the Refuge would have the added benefit of reducing confusion and eliminating the potential for inadvertent 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