U.S. Fish & Wildlife Service Bombay Hook National Wildlife ... … · Bombay Hook NWR Hunting and Fishing Plan 3 The refuge currently offers five regulated waterfowl hunting areas

Photo Credit: Jamie Richie (USFWS)

U.S. Fish & Wildlife Service

Bombay Hook National Wildlife Refuge Hunting and Fishing Plan

March 2020

Appendix A. Compatibility Determinations Appendix B. Comparison of Current vs. Proposed

Changes to the Hunting and Fishing Program Appendix C. Environmental Assessment Appendix D. Intra-Service Section 7 Evaluation


March 2020

U.S. Fish and Wildlife Service

Bombay Hook National Wildlife Refuge 2591 Whitehall Neck Road

Smyrna, DE 19977

Submitted By: Project Leader

______________________________________________ ____________ Signature Date Concurrence: Refuge Supervisor

______________________________________________ ____________ Signature Date Approved: Regional Chief, National Wildlife Refuge System

______________________________________________ ____________ Signature Date

Hunting and Fishing Plan Table of Contents

Bombay Hook NWR Hunting and Fishing Plan ii

Hunting and Fishing Plan Table of Contents HUNTING AND FISHING PLAN TABLE OF CONTENTS............................................................................................... II

INTRODUCTION ..................................................................................................................................................... 1

STATEMENT OF OBJECTIVES .................................................................................................................................. 3

DESCRIPTION OF HUNTING AND FISHING PROGRAM............................................................................................. 4

A. AREAS TO BE OPENED OR CHANGED TO HUNTING AND FISHING ................................................................................ 4 B. SPECIES TO BE TAKEN, HUNTING PERIODS, HUNTING ACCESS ................................................................................... 7 C. HUNTER AND ANGLER PERMIT REQUIREMENTS ..................................................................................................... 9 D. CONSULTATION AND COORDINATION WITH THE STATE ............................................................................................ 9 E. LAW ENFORCEMENT .................................................................................................................................... 10 F. FUNDING AND STAFFING REQUIREMENTS .......................................................................................................... 10

CONDUCT OF THE HUNTING AND FISHING PROGRAM ......................................................................................... 14

A. HUNTER PERMIT APPLICATION, SELECTION, AND/OR REGISTRATION PROCEDURES ....................................................... 14 B. REFUGE-SPECIFIC HUNTING PROCEDURES.......................................................................................................... 14 C. REFUGE-SPECIFIC FISHING REGULATIONS .......................................................................................................... 18 D. RELEVANT STATE REGULATIONS ...................................................................................................................... 19

PUBLIC ENGAGEMENT ......................................................................................................................................... 21

A. OUTREACH FOR ANNOUNCING AND PUBLICIZING THE HUNTING AND FISHING PROGRAM............................................... 21 B. ANTICIPATED PUBLIC REACTION TO THE HUNTING AND FISHING PROGRAM ................................................................ 21 C. HOW HUNTERS AND ANGLERS WILL BE INFORMED OF RELEVANT RULES AND REGULATIONS .......................................... 21

COMPATIBILITY DETERMINATION ........................................................................................................................ 21

REFERENCES ......................................................................................................................................................... 22

Figures FIGURE 1. OVERVIEW MAP OF BOMBAY HOOK NATIONAL WILDLIFE REFUGE ............................................................................. 6 FIGURE 2. MAP OF THE PROPOSED DEER AND SMALL GAME HUNTING AREAS ......................................................................... 11 FIGURE 3. MAP OF THE PROPOSED TURKEY HUNTING AREAS ............................................................................................... 12 FIGURE 4. MAP OF THE PROPOSED WATERFOWL HUNTING AREAS ........................................................................................ 13 FIGURE 5. PROPOSED FISHING ACCESS ........................................................................................................................... 20 Appendices Appendix A. Compatibility Determinations Appendix B. Comparison of Current vs. Proposed Changes to the Hunting and Fishing Program Appendix C. Environmental Assessment Appendix D. Intra-Service Section 7 Evaluation

Introduction

Bombay Hook NWR Hunting and Fishing Plan 1


Introduction National wildlife refuges (NWRs) are guided by the mission and goals of the National Wildlife Refuge System (Refuge System); the purposes of the individual refuge; U.S. Fish and Wildlife Service (Service) policy; national and state laws; and international treaties. Relevant guidance includes the National Wildlife Refuge System Administration Act (NWRSAA) of 1966, as amended by the National Wildlife Refuge System Improvement Act of 1997; the Refuge Recreation Act of 1962; and selected portions of the Code of Federal Regulations and Service Manual. Bombay Hook NWR was established in 1937 under the authority of the Migratory Bird Conservation Act;

“… as a refuge and breeding ground for migratory birds and other wildlife.” Executive Order 7643, dated June 22, 1937 “... for use as an inviolate sanctuary, or for any other management purpose, for migratory birds.” 16 U.S.C. 715d (Migratory Bird Conservation Act) “... particular value in carrying out the national migratory bird management program.” 16 U.S.C. 667b (An Act Authorizing the Transfer of Certain Real Property for Wildlife, or other purposes)

In 1940, President Franklin D. Roosevelt signed Presidential Proclamation 2416 changing the name of the refuge from Bombay Hook Migratory Waterfowl Refuge to Bombay Hook National Wildlife Refuge. The mission of the Refuge System, as outlined by the National Wildlife Refuge System Administration Act, 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 Refuge Improvement Act mandates the Secretary of the Interior in administering the Refuge System to (16 U.S.C. 668dd(a)(4):

• Provide for the conservation of fish, wildlife, and plants, and their habitats within the Refuge System;

• Ensure that the biological integrity, diversity, and environmental health of the Refuge System are maintained for the benefit of present and future generations of Americans;

Introduction


• Ensure that the mission of the Refuge System described at 16 U.S.C. 668dd(a)(2) and the

purposes of each refuge are carried out;

• Ensure effective coordination, interaction, and cooperation with owners of land adjoining refuges and the fish and wildlife agency of the States in which the units of the Refuge System are located;

• Assist in the maintenance of adequate water quantity and water quality to fulfill the mission of the Refuge System and the purposes of each refuge;

• Recognize compatible wildlife-dependent recreational uses as the priority general public uses of the Refuge System through which the American public can develop an appreciation for fish and wildlife;

• Ensure that opportunities are provided within the Refuge System for compatible wildlife-dependent recreational uses; and

• Monitor the status and trends of fish, wildlife, and plants in each refuge. Therefore, it is a priority of the Service to provide for wildlife-dependent recreation opportunities, including hunting and fishing, when those opportunities are compatible with the purposes for which the refuge was established and the mission of the Refuge System. Bombay Hook NWR contains 16,162 acres of salt marsh, freshwater wetlands, forests, shrubland, open fields, and grasslands, with salt marsh comprising the majority of the refuge. The refuge is primarily contiguous block of land and waters in eastern Kent County Delaware, extending along the shore of the Delaware River and Delaware Bay from Sluice Ditch to Port Mahon (Figure 1). The refuge was established in 1937 as a resting and feeding area for migratory and wintering waterfowl. The refuge’s objectives and mission have been expanded to include providing habitat for other migratory and non-migratory birds and other wildlife, including threatened and endangered species, and providing appropriate wildlife-dependent recreational opportunities for the public. Bombay Hook NWR currently provides deer and waterfowl hunting, along with limited opportunities for small game, wild turkey, and upland migratory game bird hunting. Deer hunting receives the most activity as compared to other hunts available at Bombay Hook NWR based on hunter harvest data. Currently, deer hunting occurs in four designated areas (Figure 2) within the refuge (Headquarters, Regular/Fischer, Steamboat Landing, and South Upland Areas). Methods of take include archery, muzzleloader and shotgun. A public lottery system is held for all firearm hunting for deer and turkey before the start of the firearm season; while archery hunting has no advanced requirements, permits are issued by a first-come, first-serve basis. A special 1-day youth hunt is permitted on the Fischer Tract and on the Steamboat Landing Hunt Area. The refuge provides handicapped-accessible deer stands on Headquarters and Regular Areas.

Statement of Objectives


The refuge currently offers five regulated waterfowl hunting areas. Snow goose hunting is allowed during the Delaware season in the Snow Goose Area only when the area is opened by the Refuge Manager. Waterfowl hunting is prohibited during the firearm deer seasons. Small game, upland game and turkey hunting is only permitted in the South Upland Area, under hunts managed by the State of Delaware. Hunters may take turkey, gray squirrel, cottontail rabbit, ring-necked pheasant, bobwhite quail, raccoon, opossum, red fox, and mourning dove in season in accordance with State hunting regulations. Within Delaware, approximately 13 percent of households have a member that have hunted deer in Delaware in the past 2 years. Most of Delaware’s hunters (82 percent) target deer (Rogerson et al. 2010). Overall, hunting participation in Delaware is slowly declining. In 2016, approximately 15,148 resident hunting licenses were sold, which is a 37 percent decline from the 24,000 or more licenses sold annually between the mid-1970s and mid-1980s. Over the past 10 years reported, license sales have dropped 10 percent, from 16,970 in 2006 to 15,148 in 2016 (DNREC 2019). Freshwater fishing has historically not been allowed on the refuge. Although, if a boat enters the refuge from Delaware Bay or the Leipsic River, individuals can fish from their boat. Fishing access is restricted on land and in waterways closed to commercial fishing. This proposed hunting and fishing plan would open two areas of the refuge to recreational fishing. In contrast to hunting, resident fishing license sales have increased over the same time periods. In 2015, approximately 48,535 resident fishing licenses were sold, which is nearly four-fold increase from the 11,000 to 15,000 licenses sold annually between the mid-1970s and mid-1980s. Over the past 10 years reported, license sales have increased from 17,690 in 2005 to 48,535 in 2015 (DNREC 2019). The increase of license sales are the result of regulation changes prompted by Delaware Department of Natural Resources and Environmental Control (DNREC) requiring a fishing license for tidal fishing and crabbing (saltwater and freshwater). Changes proposed within this hunting and fishing plan are aimed at helping the refuge achieve its desired objectives described herein, and to provide high-quality hunting and fishing opportunities that address the needs of these wildlife-dependent public uses. Statement of Objectives The objectives of the hunting and fishing program at Bombay Hook NWR are as follows:

• Allow visitors to enjoy quality wildlife-dependent recreation, appreciate the cultural and natural resources of the refuge, and increase their understanding and support of the refuge’s mission;

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

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


• Fulfillment of the Refuge Improvement Act;

• Implement a hunting and fishing program that is safe and enjoyable for all refuge users;

• Provide hunting and fishing opportunities for youth, disabled, and apprentice hunters and

anglers (as recommended by Department of the Interior Secretarial Order 3356); and

• Design a hunting and fishing program that is in better alignment with refuge habitat management objectives and State of Delaware hunting and fishing regulations, utilizing the Service’s Hunt/Fish Opportunity Tool (SHOT) Station Report.

The Refuge System Administration Act of 1966, as amended by the Refuge System Improvement Act of 1997, and the Refuge Recreation Act of 1962 authorize public hunting and fishing on refuges where the program is compatible with the purposes for which the refuge was established. As part of this document, compatibility determinations were prepared and, assuming management decisions are based on sound biological principles, and user time and space restrictions are used to minimize wildlife disturbance, hunting and fishing are deemed compatible and worthwhile recreational opportunities to provide for the public. Description of Hunting and Fishing Program

A. Areas to be Opened or Changed to Hunting and Fishing Proposed changes within this hunting and fishing plan include expanding the four hunting areas to nine total zones, establishing two approved fishing areas within the refuge, transitioning from a lottery based system to a free-roam system within the new zones, and implementing regulations to better or more closely align with State regulations. The refuge (Figure 1) proposes adopting State hunting and fishing regulations for the areas open for those uses, with some additional refuge-specific regulations to minimize conflicts with other refuge objectives and visitor activities. The Service assessed hunting and sport fishing opportunities and regulations using the Service’s Hunt/Fish Opportunity Tool (SHOT). Information is this report can be used to promote regulatory alignment for hunting and sport fishing; alignment of Service regulations between stations; and new or expanded hunting and sport fishing opportunities on Service lands and water. The Service assessed regulatory alignment of hunting and sport fishing regulations with general state regulations, based on species open, season dates, method of take, and bag/creel limits. Hunting assessments included a hunt-unit level analysis of these factors. Sport fishing assessments included analyses of all fishable waters, fresh and marine/tidal. Additional factors assessed included alignment to State land regulations; general public access; limits on the number of people who can hunt or fish; and how permits are issued, including drawings, lotteries, and first-come first-serve; and demographics such as youth and people with disabilities. The hunting and fishing program will be reviewed annually. Of the 16,162 acres that comprise Bombay Hook NWR, 9,714 will be open to hunting and fishing opportunities. This is an increase of 1,017 acres than was previously offered in the

Description of Hunting and Fishing Program


refuge. Table 1 shows the number of acres per unit. The portions of refuge lands acquired with Migratory Bird Conservation Funds which could be opened to hunting was increased to a maximum of 40 percent by the 1958 Amendment to the Duck Stamp Act (16 U.S.C. 668dd(d)(1)(A), National Wildlife Refuge System Administration Act; 16 U.S.C. 703-712, Migratory Bird Treaty Act; and 16 U.S.C. 715a-715r, Migratory Bird Conservation Act). Considering this threshold, Bombay Hook NWR is opening no more than approximately 6,334 acres (39 percent) to waterfowl hunting. These acres are comprised of the West Waterfowl and Regular/Fischer, Steamboat Landing, South Waterfowl, South Upland, Snow Goose, and the Mahon Tract. Table 1. Hunting Unit Acres of Bombay Hook NWR

Hunt Unit Acreage Closed 7,115 Headquarters Area 820 Mahon Tract 270 Regular/Fischer Tract 1,169 Snow Goose 2,997 South Upland 576 South Waterfowl 1,456 Steamboat Landing Tract 857 West Waterfowl and Regular/Fischer Tract 902 Total Station Acreage 16,162

Previously, fishing has not been allowed at Bombay Hook NWR. Changes proposed within this hunting and fishing plan would open two areas for fishing access. The first is a freshwater pond near the Allee House on Finis Road, which would have a newly constructed fishing pier allowing easy access to anglers. The second would be a walk-in access along an existing boat launch on the Leipsic River maintained by the refuge. This area would allow saltwater fishing and crabbing access in accordance with existing State regulations. As a walk-in access, no launching of boats or other watercraft would be allowed.



Figure 1. Overview map of Bombay Hook National Wildlife Refuge



B. Species to be Taken, Hunting Periods, Hunting Access Season dates: All seasons will conform to applicable State and Federal regulations as published annually by DNREC’s Division of Fish and Wildlife, except for where indicated otherwise. Method of take allowed: Specific means of harvesting a species for hunting includes use of shotgun, muzzleloader, and archery (including crossbows) in accordance with State dates and restrictions. Handguns are only allowed as a lesser method of take. Falconry, rifles (including pistol-caliber), air rifles, nontoxic shot, and trapping with conibears, legholds or snares, are not included as a method of take. The use of dogs will be allowed consistent with State regulations. White-tailed Deer Hunting deer is already permitted in the Headquarters Area, Regular/Fischer Tract, South Upland, South Waterfowl, Steamboat Landing Tract, and West Waterfowl and Regular/Fischer Tract (Figure 2). Under this hunting and fishing plan, the Mahon Tract would be opened to allow hunting as well. Seasons and bag limits for each hunt area are set by the refuge. No deer hunting is allowed within the Snow Goose hunting unit. All hunting is closed on Sundays. Methods of take for these hunt zones would also remain the same as they are already in alignment with the State regulations. Archery deer season hunting is only allowed in the Regular/Fischer Tract, Steamboat Landing Tract Hunt, and Mahon Tract. Currently there are approximately 31 hunt days which would remain the same across the seven zones listed above. Due to popularity and the need to restrict access for other uses, the Headquarters Area would maintain approximately 3 days of lottery hunts annually. The State lottery is maintained for South Waterfowl Area only. Disabled hunting would limit use of accessible blinds to individuals who are permanently confined to a wheelchair. Both the Snow Goose and South Waterfowl areas would remain closed to deer hunting. Regular and Fischer Tract hunt areas would also be closed to deer hunting on West Waterfowl Area waterfowl hunt days to minimize conflicts between different hunting activities. The State estimates that the deer population in Delaware exceeds 40,000, although no official survey has been conducted since 2009. It is presumed by Delaware’s DNREC that the deer population has exceeded the cultural carrying capacity and needs to be reduced (Rogerson et al. 2010). Wild Turkey This hunting and fishing plan proposes opening the Mahon Tract, Regular/Fischer Tract, Steamboat Landing Tract, and West Waterfowl and Regular/Fischer Tract for turkey season (Figure 3). This would open an additional 2,916 acres (3,492 total) to hunters in accordance with State season dates and times. Permits are issued through preseason lottery drawing administered by the State. Waterfowl (Coot, Dark Geese, Light Geese, Duck and Sea Duck) Waterfowl hunting will be open select days and select hunting units for the entire season for waterfowl. The two, 1-day youth hunts will take place in the South Upland and South Waterfowl units (Figure 4). The refuge proposes expanding hunting opportunities by including hunting



access in the Mahon Tract in the South Waterfowl Area and the Steamboat Landing Tract. Approved, non-toxic shot is required for migratory birds, including waterfowl. Webless Migratory Game Birds (other than waterfowl) Gallinule, rail, snipe, and woodcock would be hunted in the Mahon Tract, South Upland, South Waterfowl and Steamboat Landing Tract with accordance with all State regulations. Season and bag limits vary each year. The hunt lottery on the South Waterfowl Area will continue to be managed by the State. Crow hunting is strictly prohibited within the boundary of the refuge. The use of dogs will be allowed consistent with State regulations. Units that would remain closed for this hunting include: the Headquarters Area, Regular/Fischer Tract, Snow Goose, and West Waterfowl and Regular/Fischer Tract. Dove hunting is only allowed in the South Upland Area, where it is already in alignment with the State regulations and is expected to remain the same. Other areas are closed due to potential conflicts with other hunting seasons. Upland Game Birds (Ring Necked Pheasant and Quail) Pheasant hunting is allowed in the Mahon Tract, Regular/Fischer Tract and Steamboat Landing Tract in accordance with all State regulations. Pheasant hunting remains open in the South Upland unit and is already in alignment with State regulations. This hunting and fishing plan proposes adding Mahon Tract, Regular/Fischer Tract and the Steamboat Landing Tract to hunting opportunities for pheasant. Quail hunting is only allowed in the South Upland Area. The State is closing Northern Bobwhite hunting on the Cedar Creek Wildlife Management Area (WMA) on the north side of the refuge. The refuge proposes to close the remainder of the refuge to assist the State’s efforts to restore a sustainable population. Small Game (Red Fox, Cottontail Rabbit, Gray Squirrel, Coyote, Opossum, Raccoon) Small game hunting is only allowed as follows: in the South Upland, Mahon Tract, Regular/Fischer Tract, Steamboat Landing Tract and the West Waterfowl and Regular/Fischer Tract hunting zones.

• Fox and coyote are proposed for hunting according to State regulations only in zones and season dates open for white-tailed deer. Hunting is only open for fox in the South Upland unit. There are no proposed changes for beavers, groundhogs, opossums, or raccoons. Foxes cannot be hunted by chase within the refuge.

• The Headquarters Area, Mahon Tract, Regular/Fischer Tract, South Upland, Steamboat Landing Tract and West Waterfowl and Regular/Fischer Tract are proposing to align with State regulations except for date range, hours of the day, and methods of take including rifle and other for coyotes.

• Rabbit and squirrel are proposed as open for hunting according to State regulations.

• Groundhog/woodchuck and beaver hunting are not allowed on the refuge. No changes to these hunting opportunities are a part of the proposed changes.



• Raccoon and opossum are subject to hunting during daylight hours, as the refuge is closed at night. Hunt hours during the October antlerless deer seasons are from ½-hour before sunrise through ½-hour after sunset.

Fishing and Crabbing Previously, fishing has not been allowed at Bombay Hook NWR. This hunting and fishing plan proposes adding two new locations for fishing opportunities and allowing saltwater fishing and crabbing access in accordance with existing State requirements. The first area is a freshwater pond located near the entrance to Finis Road, which contains a warm-water freshwater fishery including panfish, catfish, and bass. All fishing within the pond is catch and release only. The second area along the Leipsic River contains white perch, catfish, short rockfish, and blue crab. Fishing regulations would align with current State regulations for season date/time, and species-specific requirements, except as noted earlier under bag limits and methods of take. Fishing access can be gained by car and on foot to the freshwater pond. Access to the Leipsic River launch fishing area is by walk-in only and no launching of boats or other watercraft would be allowed. In accordance with State dates and restrictions, all methods of take are allowed for fishing and crabbing. Exceptions to State regulations include no bow fishing, added restrictions in the freshwater fishing area including hook restrictions (barbless hooks only), bait restrictions (artificial only allowed), and catch and release. Exceptions to State regulations in saltwater areas include a prohibition against the use of unattended tackle (crab pots). Bag or creel limits are not applicable in the freshwater, catch and release only area. All other fishing and crabbing limits are allowed in accordance with State regulations. Hunting and Fishing Access Public hunting access to the refuge can be gained from Whitehall Neck Road and Delaware Route 9. Hunters must access refuge lands from designated access points. All vehicle travel is restricted to maintained gravel roads and parking areas. All participants in hunting and fishing programs must park in designated parking areas only. Waterfowl hunters that intend to use motorized boats will access refuge hunt areas from Shearness Dike, the refuge boat ramp, Woodland Beach, or from Port Mahon (State ramp). Tidal information is available on the State Division of Fish and Wildlife’s web site. All boaters are required to operate their craft and possess all safety equipment in accordance with Delaware State and U.S. Coast Guard Regulations. The use of mechanized vehicles on refuge lands is prohibited (walk-in only). C. Hunter and Angler Permit Requirements All hunters must have in their possession a signed State hunting license and current refuge hunting permit. Except for lottery hunt areas, permits are available beginning in July through the hunting season. Permits are available at the refuge office, refuge website, or upon request from the Refuge Manager. For lottery hunts, a preseason lottery drawing will be conducted to issue permits. All anglers must have in their possession a State fishing license (DNREC 2019). D. Consultation and Coordination with the State National wildlife refuges, including Bombay Hook NWR, conduct hunting and fishing programs within the framework of State and Federal regulations. Bombay Hook NWR staff have met with DNREC Division of Fish and Wildlife to discuss hunting and fishing opportunities at the refuge.


Future consultation, if any, will be considered during implementation. The refuge has moved forward with developing this hunting and fishing plan based on previously approved hunt plans, discussions with the State Division of Fish and Wildlife, and public input. E. Law Enforcement The enforcement of refuge and State hunting and fishing regulations, trespass, and other public use violations normally associated with management of a national wildlife refuge is the responsibility of Federal wildlife officers and State conservation officers. These officers cooperate with, and are assisted by, State and local police officers as well. During the hunting and fishing seasons, the refuge will be patrolled by law enforcement officers. Regulations and maps will be posted on the Bombay Hook NWR website (https://www.fws.gov/refuge/Bombay_Hook/) at the refuge headquarters/visitor center, and the hunter information kiosk. Boundaries of the refuge are clearly marked by refuge boundary signs. F. Funding and Staffing Requirements There are costs involved in offering these wildlife-dependent, priority public uses. Most of the costs are associated with preparing and administering hunting areas. This includes management of the three lottery deer hunts, which requires closure of refuge lands to all other public uses. Staff costs are associated with administration (i.e., printing and processing applications and issuing permits), law enforcement, signage, infrastructure such as parking areas, roads, gates, and habitat management. Signage, maps, brochures $ 520

Infrastructure (deer stands and blind grass) $ 940 Hunting/Fishing Preparation and Administration $ 5,300 Law Enforcement $ 2,880 Total annual recurring annual costs $ 9,640

https://www.fws.gov/refuge/Bombay_Hook/


Figure 2. Map of the Proposed Deer and Small Game Hunting Areas


Figure 3. Map of the Proposed Turkey Hunting Areas


Figure 4. Map of the Proposed Waterfowl Hunting Areas

Conducting the Hunting and Fishing Program


Conducting the Hunting and Fishing Program To ensure compatibility with refuge purposes and mission of the Refuge System, hunting and fishing is conducted in accordance with State and Federal regulations and supplemented by refuge-specific regulations. However, the Refuge Manager may, upon annual review of the hunting and fishing program, impose further restrictions on hunting or fishing, recommend the refuge be closed to hunting or fishing, or further liberalize hunting and fishing regulations up to the limit of State regulations. The refuge would restrict activity if it becomes inconsistent with other, higher priority refuge programs or endangers refuge resources or public safety. A. Hunter Permit Application, Selection, and/or Registration Procedures All hunters must have in their possession a signed State license and current refuge hunting permit. Except for zoned hunting areas, permits are available beginning in July through the hunting season. Permits are available at the refuge office or refuge website. As proposed in this plan, the refuge would transition into a free-roam hunting system available on a first-come, first-serve basis on days designated by the Refuge Manager during the State hunting seasons in areas open to hunts for those species. A hunting access permit would be required for hunters to park in designated areas located within each hunting area. Under this system, hunters would self-register from a centralized location and select their preferred hunting area from an allotted number of available access permits designated for that specific area. For lottery hunts, a preseason lottery drawing will be conducted to issue permits. Turkey hunting would only be allowed via a lottery permit issued through the standard preseason lottery drawing administered by the State. Fishing and crabbing in designated areas on refuge does not require any special application, selection, or registration. B. Refuge-Specific Hunting Procedures To ensure compatibility with refuge purposes and the mission of the Refuge System, hunting must be conducted in accordance with State and Federal regulations, as supplemented by refuge-specific regulations (50 CFR Chapter 1, Subchapter C), and information sheets/brochures. Refuge-specific stipulations are also detailed in the Hunting Compatibility Determination (Appendix A). Listed below are general procedures that pertain to hunting on Bombay Hook NWR as of the date of this plan. These may be modified as conditions change or if refuge expansion occurs. All Hunting Programs

1. The refuge will not assign permanent hunting structures except for non-ambulatory hunting activities. Hunting from stand/blind/step which has been attached with nails, wire, or screws or permanently attached in any other manner is prohibited. Hunting blinds/stands/steps must be portable and removed at the end of each day.

2. Persons possessing, transporting, or carrying firearms on national wildlife refuges must comply with all provisions of state and local law. Persons may only use (discharge)



firearms in accordance with refuge regulations (50 CFR 27.42 and specific refuge regulations in 50 CFR Part 32).

3. Hunters may not be on the refuge any earlier than 2 hours before the morning shooting time.

4. Areas may be closed to hunting without prior warning.

5. No vegetation may be cut on the refuge (e.g., for shooting lanes, camouflaging, etc.).

6. The use of natural vegetation for camouflaging blinds is prohibited.

7. Practice or target shooting on the refuge is prohibited.

8. Overnight camping and open fires are prohibited.

9. No hunting is permitted in designated safety zones.

10. When requested by Federal and State enforcement officers, hunters must display all game, hunting equipment, and ammunition for inspection.

11. No littering. Bombay Hook NWR is a carry-in/carry-out refuge.

12. Motor vehicles and boats are restricted to designated routes, parking areas, and boat launching ramps.

13. Permits are non-transferable.

14. Individuals assisting non-ambulatory deer hunters in the lottery hunts are not permitted to hunt; however, up to three individuals may hunt while assisting a non-ambulatory waterfowl hunter in the West Waterfowl Area.

15. Submission of harvest information to refuge staff for deer and waterfowl is required.

16. For the Statewide youth hunts, all designated hunt areas (Fischer Tract, Steamboat Landing, and South Waterfowl Areas) will be open for waterfowl and deer hunting on a first-come, first-serve basis.

17. The refuge will monitor, evaluate, and make necessary adaptations to the hunting

program to ensure that the refuge is meeting resource management objectives and continuing to offer quality experiences. The Refuge Manager has the authority to extend or close hunting opportunities on the refuge within the established hunting seasons of the Delaware Division of Fish and Wildlife, while ensuring compatibility.

18. The use of mechanized vehicles on refuge lands is prohibited.



19. The distribution of bait and the hunting over bait is prohibited.

20. The use or possession of alcoholic beverages or any controlled substances is prohibited.

21. All boaters are required to operate their craft and possess all safety equipment in accordance with Delaware State and U.S. Coast Guard regulations.

Deer Hunting

1. Free-roam hunting is available on a first-come, first-serve basis on days designated by the refuge manager during the State hunting seasons in the Fischer Tract, Steamboat Landing and Regular deer hunting areas with the following restrictions/requirements:

a. Archery hunting will only be allowed as a lesser method of take during the firearm season.

b. During gun hunting seasons, all deer hunters including archers must display a minimum of 400 square inches of hunter orange on the head, chest and back while hunting consisting of a vest and hat or jacket and hat.

c. Hunters in the Regular Hunt Area will be required to stay within the boundaries of the specific zones.

d. Steamboat Landing Tract and Fischer Tract are each comprised of one zone.

2. For the lottery hunts in the Headquarters Area, a limited number of permits will be issued through a preseason drawing and hunters may choose their own hunting location anywhere within the hunt area zones on a first-come, first-serve basis.

3. The refuge will participate in all State hunting seasons and bag limits except the October Antlerless deer season and the late handgun season. The refuge will consider participating in the October Antlerless Season only if an overabundance of deer arises, as determined by the Delaware Division of Fish and Wildlife and concurrence by the refuge.

4. No check-in or check-out is required for free roam or lottery hunts except South Upland Area for state managed stands.

5. Deer drives are prohibited.

6. Hunters must be off the refuge by one and one-half hours after the end of legal shooting time.

7. Wheelchair accessible blinds are available for non-ambulatory hunters that possess an Interagency Access Passport.

8. Scouting is allowed in deer hunt areas during designated dates and times.

Waterfowl Hunting 1. South Waterfowl Area



a. Permits for the South Waterfowl Area will be issued at the State Little Creek Management Area check station by a lottery system.

b. Blinds will no longer be provided. Hunting will be restricted to a site marked by a stake, a maximum of three people are permitted for each blind site.

c. Only synthetic materials may be used for concealment. d. Hunters must be out of the South Waterfowl hunt area by one and one-half hours

after legal shooting time.

2. West Waterfowl Hunt Area a. For each hunt day on the West Waterfowl Hunt Area, up to 12 hunting parties will

be allowed on a first come first served basis. Blinds will not be provided. Hunting is permitted on dates indicated by the refuge manager until noon during the hunting season.

b. A maximum of four people are permitted for each blind site. c. Up to two non-ambulatory blinds in the West Waterfowl Hunt Area are available

for hunters permanently confined to a wheelchair that possess an Interagency Access Passport.

d. The use of dogs will be allowed consistent with State regulations. e. Hunting concludes at 12 p.m. and hunters must be out by 1 p.m. to reduce

conflicts with other refuge uses.

3. South Upland Area a. Waterfowl hunting in this area follows State hunting regulations, seasons, and bag

limits.

4. Snow Goose Area a. Only snow geese may be taken. b. A boat is required for access. c. Blinds must be temporary in nature, and removed at the conclusion of the day’s

hunt. d. No hunting is permitted within 300 yards of the dike roads, 500 yards of Sluice Ditch,

100 yards of the Bay Shore, or 500 yards of the Leipsic River.

5. Youth Waterfowl Hunt a. Only enrollees who complete the Young Waterfowler Training Program may

participate in the mentored hunt in the Young Waterfowler Hunt. Only young waterfowlers may possess or discharge a weapon.

b. Youth hunting is available on the South Waterfowl Area. Blind sites are issued by the State at the Little Creek Management Area Check Station.

c. Youth hunters must be accompanied by a guardian. d. The refuge will follow the criteria established by the State of Delaware for

hunter/guardian ages, safety qualifications, etc.

Upland Game and Webless Migratory Bird Hunting 1. The refuge has adopted State hunting regulations and seasons for the South Upland

Hunting Area with the following restrictions: a. Hunters must be off the refuge by one hour after legal shooting hours.



2. All upland game, turkey and webless migratory game bird hunting will be limited to the

South Upland Area, Steamboat Landing and northern most portion of the Regular/Fischer Tract (see Figure 2).

3. State issued permit is required for turkey hunting. A limited number of hunters will be selected through a preseason lottery drawing conducted by the State.

4. No check-in or check-out is required.

5. The use of dogs will be allowed consistent with State regulations.

6. No night hunting. C. Refuge-Specific Fishing Regulations To ensure compatibility with refuge purposes and the mission of the Refuge System, fishing must be conducted in accordance with State and Federal regulations, as supplemented by refuge-specific regulations (50 CFR Chapter 1, Subchapter C), and information sheets/brochures. Refuge-specific stipulations are also detailed in the Fishing Compatibility Determination (Appendix A). Listed below are general procedures that pertain to fishing on Bombay Hook NWR as of the date of this plan. These may be modified as conditions change or if refuge expansion occurs. All Fishing Programs Fishing and crabbing is allowed in designated areas. (See Figure 5). Fishing regulations would align with current State regulations for season date/time, and species-specific requirements.

1. No refuge-specific permits are required; however, all anglers must have in their possession a State fishing license. All anglers (and shellfishers) also need a Delaware-issued Fisherman Information Network (FIN) number.

2. The license must be carried on the person at all times and must be exhibited to Federal and State officers upon request.

3. Place all trash in receptacles provided.

4. The destruction, disturbance or removal of nesting facilities, plants or animals is prohibited.

5. Littering is prohibited.

6. Camping and open fires are prohibited.

7. Fishing access can be gained by car and on foot to the freshwater pond and on-foot to the Whitehall Landing (Leipsic River launch).



8. The refuge is open from ½-hour before legal sunrise to ½-hour after legal sunset.

9. We prohibit the use of lead tackle for fishing on the refuge. D. Relevant State Regulations Hunters are responsible for knowing and complying with all Delaware regulations. The refuge requires no specific orientation or safety training for hunters participating in general hunting activities.



Figure 5. Proposed Fishing Access

Public Engagement


Public Engagement A. Outreach for Announcing and Publicizing the Hunting and Fishing Program Hunting and fishing opportunities are publicized through refuge pamphlets, website, social media, and press releases. B. Anticipated Public Reaction to the Hunting and Fishing Program With the addition of fishing, the refuge would be open to all six of the Refuge System’s priority public uses (hunting, fishing, wildlife observation, wildlife photography, environmental education and environmental interpretation). Estimates range from 100,000 to about 170,000 people who visit the refuge each year (Friends of Bombay Hook 2019). Most of the hunting that occurs on the refuge takes place in designated hunting areas that are either closed to and/or experience a very low level of use by other users. We anticipate no adverse reaction to the refuge hunts by anti-hunter groups and individuals, since hunting has been the leading force of conservation within the refuge since 1953. Similarly, given the increase in fishing throughout the State, we do not anticipate any adverse reaction to opening fishing access for visitors. Response to any demonstrations or protests will be coordinated through the DOI North Atlantic-Appalachian Region 1 Office of the Service. If necessary, State and local law enforcement officials may be asked to assist.

C. How Hunters and Anglers Will Be Informed of Relevant Rules and Regulations Hunting and fishing information sheets and maps are updated annually and made available to hunters and anglers via the refuge website and at the visitor center. General information regarding hunting and other wildlife-dependent public uses can be obtained at the address below, or by emailing [email protected], or calling the refuge at (302) 653-9345: Bombay Hook NWR Headquarters 2591 Whitehall Neck Road Smyrna, DE 19977 When visiting the refuge, areas closed to hunting will be clearly marked with “Closed Area,” “No Hunting Zone,” or “No Waterfowl Hunting Zone” signs as appropriate. Hunting zones will be demarcated with colored signs. Areas closed, but adjacent to open fishing areas will be marked with “Areas Closed to Fishing.” The boundaries of all lands owned by the Service are posted with refuge boundary signs. Compatibility Determinations Hunting, fishing, and all associated program activities proposed in this plan are found compatible with the purposes of the refuge. Allowing deer, migratory birds, upland game birds and small games hunting and fishing on Bombay Hook NWR contributes to, and does not materially interfere with, or detract from, the mission of the Refuge System and the purposes for which the refuge was established. See the full compatibility determinations for both hunting and fishing in Appendix A.

mailto:[email protected]

References


References Delaware Department of Natural Resources and Environmental Control (DNREC). Accessed

August 2019. Delaware Hunting & Fishing License Statistics. Division of Fish and Wildlife. Dover, DE. Online at: http://www.dnrec.delaware.gov/fw/Info/Pages/LicenseStats.aspx

Friends of Bombay Hook. Accessed August 2019. Bombay Hook National Wildlife Refuge.

Online at: http://www.friendsofbombayhook.org/aboutbombayhook.html Rogerson, J., M. Globetti, R. Hossler, E. Moore, K. Reynolds, D. Hotton, M. Pepper, and A.E.

Shovers. 2010. Delaware Deer Management Plan 2010 - 2019: A Guide to How and Why Deer are Managed in The First State. Delaware Department of Natural Resources & Environmental Control. Division of Fish and Wildlife. Game Species Management Program. Dover, DE. Online at: http://www.dnrec.delaware.gov/fw/Hunting/Documents/Deer%20Plan%20-%20FINAL%2005212010.pdf

U.S. Fish and Wildlife Service (Service). 2011. National Wildlife Refuge Visitor Survey

2010/2011: Individual Refuge Results for Bombay Hook National Wildlife Refuge. Bombay Hook National Wildlife Refuge. Accessed August 2019. Visitor Activities at Bombay Hook. Online at: https://www.fws.gov/refuge/Bombay_Hook/visit/visitor_activities.html

Delaware Department of Natural Resources and Environmental Control (DNREC). Accessed

August 2019. Recreational Fishing Requirements. Division of Fish and Wildlife. Dover, DE. Online at: http://www.dnrec.delaware.gov/fw/Fisheries/Pages/FishingInfo.aspx

U.S. Fish and Wildlife Service. 2019. SHOT Station Report Bombay Hook National Wildlife

Refuge (FF05RBMH00). Delaware Department of Natural Resources and Environmental Control (DNREC). Accessed

August 2019. Delaware requires a fishing license for fresh and tidal waters. Division of Fish and Wildlife. Dover, DE. Online at: http://www.dnrec.delaware.gov/fw/Fisheries/Pages/NewFishingLicense.aspx

U.S. Fish and Wildlife Service (USFWS). 2019. Compatibility Determination of the Bombay

Hook National Wildlife Refuge. U.S. Fish and Wildlife Service.

http://www.dnrec.delaware.gov/fw/Info/Pages/LicenseStats.aspxhttp://www.friendsofbombayhook.org/aboutbombayhook.htmlhttp://www.dnrec.delaware.gov/fw/Hunting/Documents/Deer%20Plan%20-%20FINAL%2005212010.pdfhttp://www.dnrec.delaware.gov/fw/Hunting/Documents/Deer%20Plan%20-%20FINAL%2005212010.pdfhttps://www.fws.gov/refuge/Bombay_Hook/visit/visitor_activities.htmlhttp://www.dnrec.delaware.gov/fw/Fisheries/Pages/FishingInfo.aspxhttp://www.dnrec.delaware.gov/fw/Fisheries/Pages/NewFishingLicense.aspx

APPENDIX

A COMPATABILITY DETERMINATION

APPENDIX

A COMPATABILITY DETERMINATION

Appendix A. Compatibility Determinations


Bombay Hook NWR Hunting and Fishing Plan A-1

Compatibility Determinations USE: Hunting REFUGE NAME: Bombay Hook National Wildlife Refuge, hereafter referred to as the refuge, located in Kent County, Delaware. DATE ESTABLISHED: June 1937 ESTABLISHING AND ACQUISITION AUTHORITY(IES): Migratory Bird Conservation Act, 16 U.S.C. § 715-715r, as amended. Executive Order 7643, signed by President Franklin D. Roosevelt on June 22, 1937, Federal Register page and date: 2 FR 1305, June 25, 1937 established Bombay Hook Migratory Waterfowl Refuge “in order to effectuate further the purposes of the Migratory Bird Conservation Act (45 Stat.1222).” The order established Bombay Hook Migratory Waterfowl Refuge and established the area “as a refuge and breeding ground for migratory birds and other wildlife.” On July 25, 1940, President Franklin D. Roosevelt signed Presidential Proclamation 2416 changing the name of the Refuge from Bombay Hook Migratory Waterfowl Refuge to Bombay Hook National Wildlife Refuge. REFUGE PURPOSE(S): “... as a refuge and breeding ground for migratory birds and other wildlife ...” Executive Order 7643, dated June 22, 1937 “... for use as an inviolate sanctuary, or for any other management purpose, for migratory birds.” 16 U.S.C. 715d (Migratory Bird Conservation Act) “... particular value in carrying out the national migratory bird management program.” 16 U.S.C. 667b (An Act Authorizing the Transfer of Certain Real Property for Wildlife, or other purposes) NATIONAL WILDLIFE REFUGE SYSTEM MISSION: “The mission of the National Wildlife Refuge System (Refuge System) is to administer a national network of lands and waters for the conservation, management, and where appropriate, restoration of the fish, wildlife and plant resource and their habitats within the United States for the benefit of present and future generations of Americans” (Refuge System Improvement Act of 1997, Public Law 105-57 - 16 U.S.C. 668dd-668ee, Refuge System Administration Act of 1966).



DESCRIPTION OF USE: (a) What is the use? Is the use a priority public use? The use is the public hunting of white-tailed deer, upland game, webless migratory birds, turkey, and waterfowl on the refuge. Deer hunting will occur on 4,593 acres, waterfowl hunting on up to 6,334 acres, small game (cottontail rabbit, gray squirrel, red fox) on 2,872 acres, webless game birds (dove, quail, woodcock, rails) on 2,583 acres, and turkey hunting on 3,492 acres. The use will occur during dates determined by the refuge within the framework of State and Federal hunting seasons and during Conservation Orders. Hunting was identified as one of six priority public uses by Executive Order 12996 (March 25, 1996), and legislatively mandated by the Refuge System Administration Act of 1966, as amended by the Refuge System Improvement Act of 1997 (Public Law 105-57), and reinforced as a priority use by Department of the Interior Secretarial Order 3356 (September 15, 2017). (b) Where would the use be conducted? The use will be conducted within the refuge’s 16,162 acres of salt marsh, forests, shrubland, and grasslands. Hunting will occur on the following areas (Figure 2.): Fischer Tract, Regular Area, Headquarters Hunt Area, West Waterfowl Area, Snow Goose Hunt Area, South Waterfowl Area, Steamboat Landing, and South Upland Area. Thirty-nine percent of the refuge (6,334 acres) will be open to migratory bird hunting. Forty percent is the maximum amount of land allowed by law (16 U.S.C. 668dd(d)(1)(A), National Wildlife Refuge System Administration Act; 16 U.S.C. 703-712, Migratory Bird Treaty Act; and 16 U.S.C. 715a-715r, Migratory Bird Conservation Act). Below is a description of the specific areas open for each type of hunting opportunity. Table A-1. Hunting Area and Seasons of Bombay Hook NWR

Hunt Unit Acreage Seasons** Closed 7,115 None Headquarters Area 820 Deer (lottery hunts only),

Small Game (only during deer hunts)

Mahon Tract 270 Deer, Turkey, Waterfowl, Pheasant, Webless Migratory Birds, Small Game

Regular/Fischer Tract 1,169 Deer, Turkey, Small Game Snow Goose 2,997 South Upland 576 Deer, Turkey, Waterfowl,

Pheasant, Webless Migratory Birds, Small Game

South Waterfowl 1,456 Waterfowl, Webless Migratory Birds,



Steamboat Landing Tract 857 Deer, Turkey, Waterfowl, Webless Migratory Birds, Pheasant, Small Game

West Waterfowl and Regular/Fischer Tract 902 Deer, Turkey, Small Game Total Station Acreage 16,162*

* A total of 6,061 acres is currently open to migratory bird hunting. The maximum amount of land allowed by law is 6,500 acres (40 percent rule). Lands purchased with Land and Water Conservation Funds do not apply. Forty percent rule does not apply to Snow Goose Conservation Order. **Follow State hunting seasons but include seasonal closures and time restrictions imposed by the refuge (see hunting objectives and strategies in this section for more information). (c) When would the use be conducted? The use would be conducted in designated areas of the refuge in accordance with Federal and State regulations. Hunting would take place within the open hunting seasons established by the Delaware Division of Fish and Wildlife (DFW). (d) How would the use be conducted? Hunting will be conducted during the State of Delaware’s hunting seasons, in accordance with Federal and State regulations. Federal regulations in 50 CFR pertaining to the Refuge System, as well as existing, refuge-specific regulations will apply. However, the Project Leader may, upon annual review of the hunting program and in coordination with the Delaware Department of Natural Resources and Environmental Control (DNREC) DFW, impose further restrictions on hunting, recommend that all or portions of the refuge be closed to hunting, or further liberalize hunting regulations within the limits of state seasons and regulations. We may restrict hunting if it conflicts with other, higher priority refuge programs or endangers refuge resources or public safety. A portion of the refuge will be closed to the public on the Headquarters Area hunt days to facilitate the hunt. The Visitor Center will remain open on those days. Closed areas of the refuge at Fischer Tract, Regular Area and Steamboat Landing, Snow Goose Hunt Area, South Waterfowl Area, and South Upland Area are open only to permitted hunters during designated times of the hunting season. For the remainder of the year, these areas, with the exception of a portion of the Regular Area, are closed to the public. Most hunting that would affect a closure usually ends by February. In these cases, the refuge will only temporary close the appropriate designated areas and ensure proper and timely notification to the public. Closures apply to persons not possessing a valid hunt permit:

1) Headquarters Area: (Deer hunting only) Partial closure of the refuge on Headquarters Area hunt days. Access limited to the western section of refuge. The Visitors Center will remain open.

2) Regular Area: (Deer hunting only) Partial closure of the refuge. Access limited to



eastern section of wildlife drive during Regular Area hunt days.

3) West Waterfowl Hunt Area: Access limited to western most section of wildlife drive during hunt days until 1 p.m. (see hunt plan).

Public access to the refuge can be gained from Whitehall Neck Road and Delaware Route 9. Hunters must access refuge lands from designated access points. No motorized or mechanized vehicles are allowed on refuge property. Motorized boats will access refuge Snow goose hunting areas from Shearness Dike, the refuge boat ramp, Woodland Beach, or from Port Mahon (State ramp). Tidal information is available on the State DFW’s web site. All boaters are required to operate their craft and possess all safety equipment in accordance with Delaware State and U.S. Coast Guard Regulations. No launching, except for hunting, is allowed on refuge. Refuge-specific regulations can be viewed in the Code of Federal Regulations (50 CFR §32.27). Procedures for general hunting and specific hunt opportunities are listed within the Bombay Hook NWR Hunting and Fishing Plan. (e) Why is this use being proposed? Hunting is one of the priority public uses defined by Executive Order 12996 (March 25, 1996) and the Refuge System Administration Act of 1966, as amended by the Refuge System Improvement Act of 1997 (Public Law 105-57). Department of the Interior Secretarial Order 3356 (September 15, 2017) emphasized identifying opportunities to increase outdoor recreation opportunities for all Americans, including opportunities to hunt and fish. This legitimate and appropriate use of a national wildlife refuge is generally considered compatible, as long as it does not materially interfere with or detract from the fulfillment of the Refuge System mission or the purposes of the refuge. In Delaware, the DNREC DFW establishes hunting seasons and bag limits to meet population objectives and to offer people the opportunity to experience a traditional outdoor recreational activity. Game species population objectives are a function of factors such as habitat limitations and landowner tolerances, and each year the seasons and bag limits are designed to remove the harvestable surplus without long-term negative impacts to the population as a whole. The ability to effectively manage game species populations depends in large part on the ability of hunters to access land with quality habitat. Providing hunting opportunities on the refuge will aid the State in meeting its management objectives and preserve a wildlife-dependent priority public use long associated with this land.



AVAILABILITY OF RESOURCES: The estimated cost to operate the hunting and fishing program is estimated to be $9,640 annually.

Program Staff Days

Cost

Big Game - Deer 19.5 $6,460

Big Game - Turkey 0 $0

Upland Game 0 $0

Waterfowl 9.0 $3,180

Other Migratory Birds 0 $0

Total 28.5 $9,640 The financial and staff resources necessary to provide and administer this use at its current level and at the proposed level are sufficient, and we expect the use to continue in the future subject to availability of appropriated funds. Signs for posting hunting areas, trails, etc. will have an initial, one-time cost, and the refuge has available resources to properly allow and implement this effort. The refuge will be eliminating permit fees to hunt on the refuge. ANTICIPATED IMPACTS OF THE USE: Hunting can result in positive or negative impacts to the wildlife resource. A positive effect of increasing access to the refuge will be the provision of additional wildlife-dependent recreational opportunities and a better appreciation and more complete understanding of the wildlife and habitats associated with Delmarva Peninsula ecosystems. This can translate into more widespread and stronger support for the refuge, the Refuge System, and the Service. Direct impacts are those impacts immediately attributable to an action. Indirect impacts are those impacts that are farther in time and space. Effects that are minor when considered alone, but collectively may be important are known as cumulative effects. Incremental increases in activities by people engaged in the variety of allowed uses on the refuge could cumulatively result in detrimental consequences to wildlife and/or habitats. It will be important for refuge staff to monitor these impacts to ensure trust resources are not adversely impacted. Our analysis of potential impacts are included within this compatibility determination and the environmental assessment accompanying the hunting and fishing plan. Impacts on Socioeconomic Environment In 2013, Delaware sold 16,786 licenses which amounts to 2.3 percent of the State’s population (Mueller 2015). The National Survey of Fishing, Hunting, and Wildlife Associated Recreation collects information about anglers, hunters, and wildlife watchers in the U.S. (U.S. Fish and Wildlife Service and U.S. Census Bureau). The 2006 Survey (the most recent survey analyzed on a state-by-state basis) found that 395,000 Delaware residents and nonresidents 16 years old



and older participated in wildlife-associated recreation in Delaware. While the total number of participants1 has fallen since 2001, the number of days spent participating in wildlife recreation increased. In 2006, state residents and nonresidents spent $299 million on wildlife recreation in Delaware, compared to $148 million in 2001 (in $2006). Wildlife-Related Visitors in Delaware

Visitors (Resident and Non-Resident) Visitor-Days (Resident and Non-Resident)

% Non-Resident Visitor-Days

Activity 2001 2006 2001 2006 2006

Wildlife Viewing 232,000 285,000 722,000 855,000 16%

Fishing 148,000 159,000 1.4 million 1.8 million 33%

Hunting 16,000 30,000 226,000 654,000 22%

Source: U.S. Fish and Wildlife Service and U.S. Census Bureau In contrast to national trends (U.S. Fish and Wildlife Service and U.S. Census Bureau, 2006), hunting participation in Delaware increased. A majority (57 percent) of hunting was for big game, with the remainder being for migratory birds (29 percent) and small game (14 percent) (U.S. Fish and Wildlife Service and U.S. Census Bureau). All hunting-related expenditures in Delaware totaled $41 million in 2006 (U.S. Fish and Wildlife Service and U.S. Census Bureau). Equipment made up the largest proportion of hunting expenditures ($25 million, or 60 percent). This was followed by trip-related expenses, such as food and lodging, transportation, and other trip expenses, which made up one-third of all hunting expenditures. The purchase of other items, such as magazines, membership dues, licenses, permits, and land leasing and ownership, made up the remainder of all hunting expenditures. We expect that hunting will have a slight positive economic benefit to the local economy. Refuge actions would neither disproportionately affect any communities nor damage or undermine any businesses or community organizations. No adverse impacts are foreseen to be associated with changes in the community character or demographic composition. We expect public use of the refuge to increase, thereby increasing the number of days visitors spend in the area and correspondingly, the level of visitor spending in the local communities. Impacts on Cultural Resources For compliance with Section 106 of the National Historic Preservation Act, the refuge staff will, during the early planning stages of any proposed significant new hunt actions, provide the Regional Historic Preservation Officer a description and location of all projects, activities, routine maintenance and operations that affect ground and structures, details on requests for those uses. That office will analyze those undertakings for their potential to affect historic and

1 The sum of anglers, hunters, and wildlife-watchers exceeds the total number of participants in wildlife-related recreation because many individuals engaged in more than one wildlife-related activity.



prehistoric sites, and consult with the State Historic Preservation Officer and other parties as appropriate. Refuge lands are vulnerable to looting, despite our best efforts at outreach, education, and law enforcement. In addition, refuge visitors may inadvertently or even intentionally damage or disturb known or undiscovered cultural artifacts or historic properties. We will continue our vigilance in looking for this problem, continue our outreach, and use law enforcement where necessary. With a relatively small group of hunters dispersed across the refuge during the hunting season, impacts will be minimal based on our observations of past hunting impacts. Impacts on Air Quality Hunting is expected to have minimal adverse short-term, long-term or cumulative impacts on local or regional air quality. Localized increases in emissions from hunter’s vehicles or boat motors would be negligible compared to current off-refuge contributions to pollutant levels and likely increases in air emissions in the Kent County airshed from land development over the next 15 years. Any adverse air quality effects from refuge activities would be more than offset by the benefits of maintaining the refuge in natural vegetation. The hunting program would not violate Environmental Protection Agency standards and would comply with the Clean Air Act. Impacts on Soils Hunting is expected to have minimal adverse short-term, long-term or cumulative impacts on soils. The hunt program has the potential to cause some soil compaction since off-trail foot travel occurs. However, with a limited number of hunters dispersed across the refuge during the hunting season, impacts would be minimal based on our observations of past hunting impacts. Vehicles would continue to be confined to existing refuge roads and parking lots to minimize impacts outside of that developed footprint. Soil compaction will also occur in the immediate areas surrounding blind site stakes for waterfowl hunting in the South and West Waterfowl Areas. Hiking or walking can alter habitats by trampling vegetation, compacting soils, and increasing the potential of erosion (Liddle 1975). Soil compaction makes root penetration more difficult, making it harder for seedlings to become established. In moderate cases of soil compaction, plant cover and biomass is decreased. In highly compacted soils, plant species abundance and diversity is reduced in the long-term as only the most resistant species survive (Unger and Kaspar 1994). Soil compaction is also common where there is a lot of traffic, which can affect soil microbes and invertebrates, plant roots and animal burrows (Buckley 2001). Impacts on Hydrology and Water Quality Hunting is expected to have minimal adverse short-term, long-term or cumulative impacts on hydrology or water quality based on the location of parking areas away from ditches or streams, and staff observations of past hunting impacts. Hunters may walk off-trail to access a hunting area, thereby creating new trails and affecting drainage. However, we expect such impacts to be minimal considering anglers are not repeatedly using the same paths, and levels of use are unlikely to create adverse effects. Refuge staff has observed only negligible problems associated with erosion, incision, compaction or stream alteration, and we do not expect any increase in these negligible impacts. The hunting program would not violate Federal or State standards for



contributing pollutants to water sources and would comply with the Clean Water Act. Impacts on Vegetation Hunting is expected to have minimal adverse short-term, long-term or cumulative impacts on vegetation. Hiking or walking can alter habitats by trampling vegetation, compacting soils, and increasing the potential of erosion (Liddle 1975). Soil compaction makes root penetration more difficult, making it harder for seedlings to become established. In moderate cases of soil compaction, plant cover and biomass is decreased. In highly compacted soils, plant species abundance and diversity is reduced in the long-term as only the most resistant species survive (Unger and Kaspar 1994). Hiking may impact vegetation succession as disturbance of vegetation not only results in an alteration of vegetation but also a change in light and moisture and topographical changes that can reduce habitat quality for ground and shrub-nesting avian species. Deer, waterfowl, turkey, and upland game hunting will cause minimal impacts on terrestrial and aquatic vegetation. The ability to free roam in non-lottery areas for deer and waterfowl hunting will provide hunters with 9,714 acres of access and increase the potential for vegetation trampling. The possibility for new trails to be developed from repeated hunter entry will occur. However, repeated or cumulative impacts to any individual site will be lessened as hunters select their own preferred sites. The one exception is at South Waterfowl Area. Concentrated activity around blind sites may reduce vegetation density in the more vulnerable salt marsh habitats. Sites will be monitored and stakes will be moved as needed to promote revegetation. Repeated visitation to any particular locale at the refuge could cause damage to vegetation and therefore, wildlife habitat. Substantial, widespread habitat degradation could through time result in negative effects to wildlife by reducing available cover, food, nesting habitat, etc., along frequently used access routes. Hunting impacts to wildlife habitat are expected to be minimal as most species will have already become dormant. Accidental introduction of invasive plants, pathogens, or exotic invertebrates attached to boats or trailers is a possible source of direct adverse impacts. The phasing out and elimination of over 120 deer hunting stands and waterfowl hunting blinds will reduce disturbance to impacted vegetation and soils by allowing hunters to choose their preferred hunting location verses concentrating them in specific locations. Impacts to vegetation are also minimized by not permitting hunters to cut vegetation for shooting lanes or for use as camouflage. Furthermore, no natural vegetation is permitted for use as camouflage on the refuge. Impacts to vegetation are further minimized because hunting from a stand which has been attached to a tree with nails, wire, or screws or permanently attached in any other way is prohibited. People can be vectors for invasive plants when seeds or other propagules are moved from one area to another. Once established, invasive species can out-compete native plants, thereby altering habitats and indirectly impacting wildlife. At this time, invasive plants are a moderate problem at the refuge. Refuge staff members are working to control these plants. The threat of invasive plant establishment will always be an issue requiring annual monitoring, and when



necessary, treatment. In the event new undesirable invasive species are found on the refuge, staff will work to eradicate the weeds and educate the visiting public about the problem. Managing White-tailed Deer Populations Deer overabundance can affect native vegetation and natural ecosystems and have been well-studied (White 2012, Tilghman 1989, Nudds 1980, Hunter 1990; Behrend et al. 1970). White-tailed deer selectively forage on vegetation (Strole and Anderson 1992), and thus can have substantial impacts on certain herbaceous and woody species and on overall plant community structure (Averill et al. 2018, Waller and Alverson 1997). These changes can lead to adverse impacts on other wildlife species that depend on this vegetation for food and/or shelter. Several studies have shown that over browsing by deer can decrease tree reproduction, understory vegetation cover, plant density, and plant diversity (Warren 1991). Heavy deer populations in the Great Smokey Mountains National Park in Tennessee caused a reduction in the number of plant species, a loss of hardwood species, and a predominance of conifer species compared to an ecologically similar control area with fewer deer (Bratton 1979). While deer populations at the refuge are not to a level of management concern, the use of hunting as a proactive management tool is worth consideration for the refuge hunting program. Managing Snow Goose Populations In the past three decades, the greater snow goose population as indexed by the spring survey has undergone a five-fold increase to over one million birds. Various light goose populations in North America have experienced rapid population growth, and have reached levels such that they are damaging habitats on their Arctic and subarctic breeding areas (Abraham and Jefferies 1997, Alisauskas 1998, Jano et al. 1998, Didiuk et al. 2001). Habitat degradation in arctic and sub-arctic areas may be irreversible, and has negatively affected light goose populations (Abraham and Jefferies 1997), and other bird populations dependent on such habitats (Gratto-Trevor 1994, Rockwell 1999, Rockwell et al. 1997). Natural marsh habitats on some migration and wintering areas have been impacted by light geese (Giroux and Bedard 1987, Giroux et al. 1998, Widjeskog 1977, Smith and Odum 1981, Young 1985). In addition, goose damage to agricultural crops has become a problem (Bedard and Lapointe 1991, Filion et al. 1998, Giroux et al. 1998, Delaware Division of Fish and Wildlife 2000). The increasing numbers of light-geese are viewed as a continental problem, but with real local consequences. A common feeding strategy of snow geese on refuge wetlands is to grub for underground roots and tubers. Primary marsh vegetation species exploited in this fashion are; salt marsh cordgrass (Spartina alterniflora), salt meadow cordgrass (Spartina patens) ,Olney’s bulrush (Scirpus americanus), black needlerush (Juncus romerianus), and cattail (Typha sp). Grubbing for rhizomes of these species, especially in salt marshes, results in areas denuded of vegetation, typically referred to as “eat-outs” (Kelley and Blohm 2007). Snow goose eat-outs in salt marshes tend to re-vegetate during the subsequent growing season, however at a reduced vegetative density. Vegetation density at these eat-outs may increase after several years to pre-eat-out levels, if left alone. However, at most NWRs where eat-outs occur within salt marsh habitats, snow geese return each winter to the same areas to feed. This may be a result of the vegetative growth being at an earlier stage of development, being more nutritious,



or having a less dense root mat and therefore easier to grub. We assume that during the time snow geese are feeding in a salt marsh, much of the soil and sediment is loosened and placed into suspension. This material may then be washed away during high or flood tide periods. After several years of successive eat-outs at the same location, a lowering of ground elevation may occur causing a more permanent impact to the site. Salt marsh eat-outs can be detrimental to habitat integrity and other wildlife species. This is a result of the radical change of habitat structure from dense vegetation to mudflat. Undoubtedly, this conversion negatively affects invertebrate communities as well as species such as rails, and waterfowl that feed on these invertebrates and rely on dense vegetative structure for cover. However, some refuge staff report increased use of snow goose eat-outs by shorebirds during migration, as well as, some species of waterfowl. This is particularly the case at Prime Hook NWR, Edwin B. Forsythe NWR, and Bombay Hook NWR. Hunting to reduce the snow goose population is key to restoring local habitat and reduce impacts to the artic breeding grounds. Impacts on Federal and State Endangered Species While the bald eagle is no longer a federally listed species, the refuge uses National Bald Eagle Management Guidelines for bald eagle management to implement time-of-year restrictions for nesting eagles. The guidelines do not permit any activity within 660 feet of an active nest. No other recreational activities will be permitted near active nests based on the recommended guidelines and, therefore, are not expected to have any negative impacts on bald eagles (U.S. Fish and Wildlife Service 2007). Red knots have the potential to occur on the refuge but are not likely to occur in areas with hunting access (IPaC 2019). Migrating red knots use marine habitats like sandy beaches, saltmarshes, estuaries, and mangrove swamps. Occasionally, they will move inland to frequent shorelines of larger lakes and freshwater marshes. Since hunting does not occur in the impoundments, no adverse effects to the Rufous red knot are anticipated. Refuge staff would continue to monitor for any effects of all activities associated with hunting on threatened or endangered species. Impacts on Waterfowl Because over 80 percent of the refuge is wetlands, all recreational activity has the potential of impacting waterfowl, shorebirds, marsh birds, and other migratory bird populations feeding and/or resting near the hunting area(s). Conflicts arise when migratory birds and humans are present in the same areas (Pease et al. 2005, Boyle and Samson 1985). Response of wildlife to human activities includes departure from site (Owen 1973, Burger 1981, Korschgen et al 1985, Henson and Grant 1991, Kahl 1991, Klein 1993), use of suboptimal habitat (Erwin 1980, Williams and Forbes 1980), altered behavior (Burger 1981, Korschen et al. 1985, Morton et al. 1989, Ward and Stehn 1989, Havera et al. 1992, Klein 1993), and increase in energy expenditure (Morton et al. 1989, Belanger and Bedard 1990). McNeil et al. (1992) found that many waterfowl species avoid disturbance by feeding at night instead of during the day. Human disturbance to migratory birds could decrease nesting behavior and increase alert and escape behavior for various species. General adverse impacts of waterfowl hunting are mortality, crippling and disturbance. Belanger and Bedard (1995) concluded that disturbance



caused by waterfowl hunting to waterfowl resources can:

1. Modify the distribution and use of habitats by waterfowl; 2. Affect their activity budget and decrease their foraging time; and 3. Disrupt pair and family bonds and contribute to increased hunting mortality.

The Service annually prescribes frameworks, or outer limits, for dates and times when hunting may occur and the number of birds that may be taken and possessed. These frameworks are necessary to allow State selections of season and limits for recreation and sustenance; aid Federal, State, and Tribal governments in the management of migratory game birds; and permit harvests at levels compatible with population status and habitat conditions. Because the Migratory Bird Treaty Act stipulates that all hunting seasons for migratory game birds are closed unless specifically opened by the Secretary of the Interior, the Service annually promulgates regulations (50 CFR Part 20) establishing the frameworks from which States may select season dates, bag limits, shooting hours, and other options for the each migratory bird hunting season. The frameworks are essentially permissive in that hunting of migratory birds would not be permitted without them. Thus, in effect, Federal annual regulations both allow and limit the hunting of migratory birds. Migratory game birds are those bird species so designated in conventions between the United States and several foreign nations for the protection and management of these birds. Under the Migratory Bird Treaty Act (16 U.S.C. 703-712), the Secretary of the Interior is authorized to determine when “hunting, taking, capture, killing, possession, sale, purchase, shipment, transportation, carriage, or export of any bird, or any part, nest, or egg” of migratory game birds can take place, and to adopt regulations for this purpose. These regulations are written after giving due regard to “the zones of temperature and to the distribution, abundance, economic value, breeding habits, and times and lines of migratory flight of such birds, and are updated annually” (16 U.S.C. 704(a)). This responsibility has been delegated to the Service as the lead Federal agency for managing and conserving migratory birds in the United States. Acknowledging regional differences in hunting conditions, the Service has administratively divided the nation into four Flyways for the primary purpose of managing migratory game birds. Each Flyway (Atlantic, Mississippi, Central, and Pacific) has a Flyway Council, a formal organization generally composed of one member from each State and Province in that Flyway. Bombay Hook NWR is in the Atlantic Flyway. The process for adopting migratory game bird hunting regulations, located in 50 CFR part 20, is constrained by three primary factors. Legal and administrative considerations dictate how long the rulemaking process will last. Most importantly, however, the biological cycle of migratory game birds controls the timing of data-gathering activities and thus the dates on which these results are available for consideration and deliberation. The process of adopting migratory game bird hunting regulations includes two separate regulations-development schedules, based on “early” and “late” hunting season regulations. Early hunting seasons pertain to all migratory game bird species in Alaska, Hawaii, Puerto Rico, and the Virgin Islands; migratory game birds other than waterfowl (e.g., dove, woodcock, etc.); and special early waterfowl seasons, such as teal or resident Canada geese. Early hunting seasons generally begin prior to October 1. Late hunting seasons generally start on or after October 1 and include most waterfowl seasons not



already established. There are basically no differences in the processes for establishing either early or late hunting seasons. For each cycle, Service biologists and others gather, analyze, and interpret biological survey data and provide this information to all those involved in the process through a series of published status reports and presentations to Flyway Councils and other interested parties. Though not as detailed as that for waterfowl, relevant data are collected and summarized for migratory bird species such as dove, woodcock, etc. Bird monitoring data are available through the U.S. Fish and Wildlife Service’s (Service) Division of Migratory Bird Management Website (http://www.fws.gov/migratorybirds/). Because the Service is required to consider the abundance of migratory birds and other factors, the Service undertakes a number of surveys throughout the year in conjunction with the Canadian Wildlife Service, State and Provincial wildlife-management agencies, and others. To determine the appropriate frameworks for each species, we consider factors such as population size and trend, geographical distribution, annual breeding effort, the condition of breeding and wintering habitat, the number of hunters, and the anticipated harvest. After frameworks are established for season lengths, bag limits, and areas for migratory game bird hunting, migratory game bird management becomes a cooperative effort of State and Federal Governments. After Service establishment of final frameworks for hunting seasons, the States may select season dates, bag limits, and other regulatory options for the hunting seasons. States may always be more conservative in their selections than the Federal frameworks but never more liberal. Season dates and bag limits for national wildlife refuges open to hunting are never longer or larger than the State regulations. In fact, based upon the findings of an environmental assessment developed when a national wildlife refuge opens a new hunting activity, season dates and bag limits may be more restrictive than the State allows. Through past monthly aerial surveys from October through November, the Delaware DFW was able to evaluate long-term trends in duck and goose populations (Table 1.1, and more current data are not available). The surveys gave fairly accurate information about geese, but duck populations such as wood ducks and sea ducks are almost impossible to accurately count. Furthermore, these surveys do not cover the entire State, but only the primary waterfowl habitat in Delaware, which is approximately the eastern half of the State. Based on the findings of these monthly surveys during the 2008-2009 hunting season, the refuge harvested between 0.22 percent and 0.44 percent of the State’s estimated monthly duck population and between 0.06 percent and 0.15 percent of the State’s estimated monthly goose population (Table 1.3).

http://www.fws.gov/migratorybirds/



Table 1.1. Number of waterfowl harvested and hunter visits on Bombay Hook NWR compared to statewide harvest. Waterfowl includes geese and ducks. Year Statewide Waterfowl

Harvest* Refuge Waterfowl Harvest

Refuge Hunter Visits

2001 76,210 1,149 1,091 2002 95,170 1,212 1,165 2003 88,800 1,509 1,197 2004 73,190 1,126 1,259 2005 71,740 972 1,026 2006 64,630 797 926 2007 81,600 1,021 974 2008 107,100 1,320 995

*Statewide waterfowl harvest data from: https://www.fws.gov/birds/surveys-and-data/harvest-surveys.php Table 1.2. Comparison of waterfowl harvest at Bombay Hook NWR to State, Flyway, and United States harvest in the 2008 hunting season.

Waterfowl Harvest Area Ducks Geese Bombay Hook NWR 708 612 Delaware* 62,000 45,100 Atlantic Flyway* 1,744,700 1,009,800 United States* 13,723,200 3,825,900

*Harvest estimates from (Raftovich et al. 2009) Table 1.3. Comparison of duck and goose harvest at Bombay Hook NWR to State waterfowl survey results during the 2008-2009 hunting season. Month Refuge Duck

Harvest Statewide Duck Survey Results*

Refuge Goose Harvest

Statewide Goose Survey Results*

October 2008 66 22,509 27 18,071 November 2008 100 22,614 57 69,319 De