Appendix C

Compatibility Determinations

■ Wildlife observation, nature photography, environmental

education, interpretation

■ Camping

■ Sheep grazing on seabird nesting islands

■ Monitoring resources

■ Research - Neotropical migrants

■ Seabird restoration

■ Commercial tour boat service to Machias Seal Island

■ Public hunting

■ Pre-acquisition — public hunting

■ Recreational blueberry picking

Whale watching tour

USFWS photo
Appendix C – Compatibility Determination

C-2 Petit Manan National Wildlife Refuge Complex

Compatibility Determination – Petit Manan National Wildlife Refuge Complex

Wildlife Observation, Nature Photography, Environmental Education, Interpretation

Establishing and Acquisition Authorities:

Authorized through an Act Authorizing the Transfer of Certain Real Property for Wildlife, or other

purposes. The establishing and acquistion authorities are:

1. 16 U.S.C. 667b, Public Law 80-537, An Act Authorizing the Transfer of Certain Real Property

for Wildlife, or other Purposes; and,

2. 16 U.S.C 715-715r, The Migratory Bird Conservation Act, as amended and Established under the

authority of the Migratory Bird Conservation Act, as amended.

Refuge Purpose(es):

1. “...for use as an inviolate sanctuary, or for any other management purpose, for migratory birds.”

16 U.S.C. 715d (Migratory Bird Conservation Act).

2. “... suitable for - (1) incidental fish and wildlife-oriented recreational development, (2) the

protection of natural resources, (3) the conservation of endangered species or threatened species

...” 16 U.S.C. 460k-1 (Refuge Recreation Act).

3. “...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).

4. “... the conservation of the wetlands of the Nation in order to maintain the public benefits they

provide and to help fulfill international obligations contained in various migratory bird treaties

and conventions ...” 16 U.S.C. 3901(b), 100 Stat. 3583 (Emergency Wetlands Resources Act of

1986).

National Wildlife Refuge System Mission:

The mission of the National Wildlife Refuge System is to administer a national network of lands and

waters for the conservation, management, and where appropriate, restoration of the fish, wildlife, and

plant resources and their habitats in the United States for the benefit of present and future generations

of Americans.

Description of Use:

Conduct and allow access for priority public uses (Wildlife Observation, Photography, Environmental

Education, Interpretation) as provided for under the NWRS Improvement Act of 1997. These uses

will occur on the three mainland divisions (Petit Manan Point, Gouldsboro Bay, and Sawyers Marsh)

and all Refuge islands with specific conditions as noted in this determination.

On Petit Manan Point, these priority public uses will normally occur along the Refuge access road

and on the Birch Point and Hollingsworth trails. Seven interpretive panels are installed along the latter

trail. Parking areas are available at both trail heads. In addition, the entire shoreline of Petit Manan
Wildlife Observation, Nature Photography, Environmental Education, Interpretation

Draft CCP/EIS - April, 2004 C-3

Point can be accessed for these uses. Access to Gouldsboro Point and Sawyers Marsh Divisions are

limited at this time but are expected to improve as trails and parking lots are developed. An abandoned logging road currently provides foot access on the Gouldsboro Bay Division through upland

wooded areas to a saltmarsh. Access to the Sawyers marsh Division is via an unimproved logging

road. No parking areas are currently available at these two Divisions. Public access to mainland areas

is year round, daylight hours only. Public access to Cross, Scotch, Halifax, and Bois Bubert Islands is

year round day use only except for Bois Bubert and Halifax, where limited camping currently occurs.

Access to all other Refuge islands is seasonal (September 1 through March 31) to accommodate

nesting seabirds.

Environmental education activities seek to increase public knowledge and understanding of wildlife

and contribute to the conservation of such wildlife. Activities include traditional environmental

education activities (teacher-led or staff-led on-site field trips, teacher and student workshops), offsite programs in classrooms, nature study, and interpretation of the wildlife resources and support

facilities such as visitor centers, interpretive trails and visitor contact stations. Environmental Education activities at Petit Manan NWR Complex include teacher workshops, classroom visits, on-site

talks, and use of the Refuge Complex as an outdoor classroom/lab for Humboldt Field Research

Institute instructors and students. Approximately 15 teacher/student groups use the Refuge Complex

annually. Teachers and student groups use Refuge Complex roadways, two interpretive trails on Petit

Manan Point Division, and certain shoreline areas. Students of Humboldt Field Research Institute use

these same areas, as well as conduct two to three trips per year to a raised heath bog, woodlands,

marsh, and edge areas. The Research Institute operates under a special use permit and has recently

been using both Petit Manan Point Division and Bois Bubert Island. Ten to twelve groups visit the

Refuge Complex annually with an average of 150 student visits.

On Cross Island and Halifax Island, Hurricane Island Outward Bound School (HIOBS) operates

under an annual refuge special use permit. During July through August, HIOBS may use a maximum

of 24 solo, low impact, camping sites, designated annually by the Refuge Manager. A maximum of

864 person-use-days (to include Service project days) as outlined in the 1986 Cross Island Evaluation

and Management Plan is authorized on the unimproved trail system.

HIOBS provides the U.S. Fish and Wildlife Service (Service) with an annual volunteer project of not

less than two/hours per student; projects are selected by and coordinated through the Refuge Manager.

Chewonki (an educational foundation) provides environmental education opportunities on Bois

Bubert and Halifax islands under a refuge special use permit. This organization averages one group

visit per year with 12-22 overnight visits per year.

Wildlife observation, photography and interpretation activities seek to increase awareness, enjoyment

and understanding of the Refuge's wildlife and plant resources. Interpretive signing is located at

several locations on Refuge trails. Visitors view displays and observe and photograph wildlife at their

own pace . Access to the islands is by private or commercial tour boat.

Availability of Resources:

Existing staff and budget have provided sufficient resources to manage current uses. We anticipate

that Refuge public uses will increase as the additional Gouldsboro Point Division trail opens, coastal

recreation increases, and media and WEB site information on the Refuge expands.
Appendix C – Compatibility Determination

C-4 Petit Manan National Wildlife Refuge Complex

Costs associated with current program implementation include:

Preparation of Special Use Permits ..................................................................... $400.00

Boat operating costs ............................................................................................ $150.00

Trail Maintenance ............................................................................................. $1,080.00

Materials ........................................................................................................... $1,000.00

Staff costs associated with Refuge programs ................................................... $1,000.00

Total Cost of Program....................................................................................... $4,030.00

*FY 2002 Refuge Budget Allocation included:

Salaries .......................................................................................................... $471,700

Fixed Costs ...................................................................................................... $38,300

Annual Maintenance ........................................................................................ $16,800

Total Available Funds .................................................................................... $526,800

Anticipated Impacts of the Use:

The Refuge priority uses being evaluated (Wildlife Observation, Photography, Environmental Education, Interpretation) may impose minor negative impacts on specific station physical resources such as

trails and roads, and on natural resources such as vegetation and wildlife. Impacts may include erosion, deterioration, trampling, and temporary disturbance. Almost all public uses described herein

occur in specific footprints on the Refuge, particularly, Refuge trails on Petit Manan and Gouldsboro

Point Divisions. Limited use occurs on the Cross Island trail, and shorelines on Petit Manan Point and

around Refuge islands.

The fact that use is generally confined to these areas, overall impacts are not broad nor do they impact

the greater part of the Refuge. Currently, most usage occurs during late spring and throughout the

summer and fall months. Very little use occurs during the winter. Furthermore, estimated current use

(less than 20,000 visitors/year) on Refuge trails does not show intolerable impacts. Erosion does

occur in some areas, especially during excessive rainfall events. Boardwalks have been installed in

erosion prone areas to lessen these impacts and additional areas are being identified for future boardwalk treatment.

On Cross Island, HIOBS use has caused trail erosion and plant damage in localized areas. These

impacts are short-term and can be remediated through re-routing small portions of the trail. Long term

impacts are not anticipated as limits are set on allowed use days.

Both short and long term impacts on other Refuge islands is anticipated to be minimal due to the fact

that Refuge seabird and eagle nesting islands are closed to access during the summer nesting season

which coincides with the highest public use season. Also, coastal islands, by their very nature, are

difficult to access. That said, interest in recreational visits to coastal islands is trending upward .

Recreational use on islands has increased in recent years (Maine Island Trail Association 2002). The

Maine Island Trail System provides opportunities for recreational uses on coastal islands and continues to work cooperatively with private island owners and State and Federal agencies to provide low

impact recreational sites for recreational use. MITA has developed Island Use Guidelines, has raised

public awareness of the need for ethical use of islands and promotes the Leave No Trace philosophy.

This type of forward thinking and commitment, should in the long term, help minimize adverse

impacts, both short and long term, to islands in the Maine Island Trail System. This ethical

philosophy and awareness will, hopefully, extend to Refuge island users.
Wildlife Observation, Nature Photography, Environmental Education, Interpretation

Draft CCP/EIS - April, 2004 C-5

Public Review and Comment:

This determination is being prepared concurrently with the Comprehensive Conservation Plan (CCP).

The listed use has been discussed at CCP public meetings and has been identified in the CCP Planning Update. Several comments have been received to date. Further public comment opportunity will

take place concurrently with the public review and comment period of the draft plan and associated EIS.

Determination (Check one below):

____ Use is Not Compatible

_X_ Use is Compatible With the Following Stipulations

Stipulations Necessary to Ensure Compatibility:

The priority public uses (Wildlife Observation, Photography, Environmental Education, Interpretation) are encouraged on Petit Manan NWR and have been incorporated into the Refuge Management

Program. These uses are allowed to continue based on stipulations, mechanisms and regulations that

will help to ensure compatibility with Refuge purposes and include:

1. Day use only to decrease the disturbance to wildlife

2. Accommodating/focusing use to specific areas of refuge, such as trails to limit overall disturbance to Refuge habitats and wildlife.

3. Seasonal island closures to protect nesting seabirds and eagles.

4. Special Use Permits with appropriate conditions.

5. Refuge signing and information in brochures.

6. Posting Refuge Regulations.

7. Monitoring by Refuge staff, volunteers, and partners.

8. Promoting the Leave No Trace philosophy

Justification:

Specific areas (trails) of the Refuge have been designated for these uses on Petit Manan Point and

Cross Island . These areas are monitored periodically for impacts that would degrade the natural

environment and excessive visitation that would lessen the quality experiences that we strive to make

available in support of the mandates of the National Wildlife Refuge System Improvement Act of

1997. Clearly, wildlife oriented uses on Refuges contribute significantly to public education and

support of national wildlife refuges.

Petit Manan NWR uses partnerships and environmental education to motivate citizens of all ages to

action and understanding in protecting a healthy ecosystem. Partnerships and environmental education are tools used to build a land ethic, develop political support, lessen vandalism, littering and

poaching. Visitors come to Petit Manan NWR to see, enjoy, and learn about wildlife and their habitats. Wildlife observation, photography, and educational opportunities along Refuge shorelines are

wildlife oriented activities (USFWS 1985) which are compatible with Refuge purposes. The minor

impacts to vegetation and wildlife which may occur are a worthwhile trade off for informing visitors
Appendix C – Compatibility Determination

C-6 Petit Manan National Wildlife Refuge Complex

about island wildlife and providing an opportunity for active land stewardship. These activities are

used throughout the country to inform and educate visitors to public lands of all types (Grater 1976).

With the stipulations noted in Special Use Permit conditions, access trails, and posted regulations,

activities will be compatible with Refuge purposes, while providing opportunities for visitors to use

and learn about Refuge and marine resources. The priority public uses in this determination, will not

materially interfere with or detract from the fulfillment of the National Wildlife Refuge System

mission or the purposes of this Refuge.

Signature: Refuge Manager: ________________________________________________

(Signature and Date)

Concurrence: Regional Chief: ______________________________________________

(Signature and Date)

Mandatory15-Year Re-Evaluation Date: ______________________________________

Literature

Grater, Russell K. 1976. The Interpreters Handbook. Globe, AZ: Southwest Parks and Monuments

Association.

Maine Island Trail Association 2002. Maine Island Trail Association - 2002 Stewardship Handbook

and Guidebook, 15th ed. 376 pp.

U.S. Fish and Wildlife Service. 1985. Refuge Manual. Washington, D.C.: U.S. Government Printing

Office.

U.S. Fish and Wildlife Service. 1997. National Wildlife Refuge System Improvement Act of 1997,

Public Law 105-57-Oct. 9, 1997.
Camping

Draft CCP/EIS - April, 2004 C-7

Compatibility Determination – Petit Manan National Wildlife Refuge Complex

Camping

Establishing and Acquisition Authorities:

Authorized through an Act Authorizing the Transfer of Certain Real Property for Wildlife, or other

purposes. The establishing and acquistion authorities are:

1. 16 U.S.C. 667b, Public Law 80-537, An Act Authorizing the Transfer of Certain Real Property

for Wildlife, or other Purposes; and,

2. 16 U.S.C 715-715r, The Migratory Bird Conservation Act, as amended and Established under the

authority of the Migratory Bird Conservation Act, as amended.

Refuge Purpose(s):

1. “...for use as an inviolate sanctuary, or for any other management purpose, for migratory birds.”

16 U.S.C. 715d (Migratory Bird Conservation Act).

2. “... suitable for - (1) incidental fish and wildlife-oriented recreational development, (2) the

protection of natural resources, (3) the conservation of endangered species or threatened species

...” 16 U.S.C. 460k-1 (Refuge Recreation Act).

3. “...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).

4. “... the conservation of the wetlands of the Nation in order to maintain the public benefits they

provide and to help fulfill international obligations contained in various migratory bird treaties

and conventions ...” 16 U.S.C. 3901(b), 100 Stat. 3583 (Emergency Wetlands Resources Act of 1986).

National Wildlife Refuge System Mission:

The mission of the National Wildlife Refuge System is to administer a national network of lands and

waters for the conservation, management, and where appropriate, restoration of the fish, wildlife, and

plant resources and their habitats in the United States for the benefit of present and future generations

of Americans.

Description of Use:

The use analyzed is overnight camping on two Refuge Islands (Bois Bubert and Halifax). This use

officially started in 1990 under a Cooperative Agreement with the Maine Island Trail Association

(MITA). Specific sites on each island are designated for this use. On Bois Bubert Island, the designated campsite is located about half way down the side of the island on the SE side of Seal Cove. The

area is on a raised gravel beach bordered by typical spruce forest habitat. Bubert is a 1200 acre island.

The designated camp site on Halifax Island is on a gravel over wash bar on the NW side of the island.

The area comprises about one acre of this 75 acre island. Fragile areas of the island containing unique

botanical features are closed to entry. Neither island attracts nesting seabirds. A bald eagle nest on

Bois Bubert is not in the vicinity of the campsite and no disturbance by this use would occur.
Appendix C – Compatibility Determination

C-8 Petit Manan National Wildlife Refuge Complex

Typically, most use occurs in July and August. The use is controlled and monitored via a Special Use

Permit MITA and individual SUP’s for non-MITA members. Users are required to make reservations

in advance. Uses are monitored through the Refuge Office.

Camping on off shore islands is a popular and traditional recreation activity in coastal Maine. With an

increasing interest in kyaking and an abundance of islands stringing Maine's coastline, kyaking is a

natural for access to coastal islands that facilitates both day use and over night camping. The Maine

Island Trail Association (MITA) manages the Maine Island Trail, a 325 mile waterway extending

from Casco Bay east to Machias Bay. In 2001 there were 104 islands on the Trail open to day use and

overnight camping. Both Bois Bubert and Halifax Islands provide critical links in the trail for kyakers

navigating along islands in this downeast section of the trail.

MITA (Maine Island Trail Association) is allowed to use one unimproved site on Bois Bubert Island

for overnight camping and an area on the western portion of Halifax Island. Low impact camping is

encouraged, no fires or pets are permitted and groups must call the Refuge prior to staying on the

islands. The maximum number of people allowed per day is not to exceed 10. MITA on an average

accounts for about 10 group visits per year which equals about 30 overnight visits per year.

CHEWONKI (an educational foundation) is allowed to use one unimproved site on Bois Bubert

Island for overnight camping and one site on the western portion of Halifax Island in conjunction with

their environmental education programs. Low impact camping is utilized. Overnight stays do not

exceed two nights unless foul weather/sea conditions prevent safe sailing. The maximum number of

people allowed per day is not to exceed 10. CHEWONKI at the maximum averages one group visit

per year with 12-22 overnight visits/year.

General Public is allowed to use both Bois Bubert and Halifax islands for camping under a special

use permit. Use/visitation is dictated by weather and sea conditions. Most use occurs during July and

August. In 2001, 5 groups (about 30 campers) used Halifax and Bois Bubert islands.

Availability of Resources:

Current staffing and budget is sufficient to monitor use periodically during the summer camping

season. MITA assigns island stewards to assist island owners with annual monitoring and clean up.

Without this assistance, it would be difficult to adequately manage this use. There are no direct Refuge costs for special equipment or maintenance. Both camp sites are primitive and have no facilities

or structures. Annual periodic cleanup and monitoring is accomplished totally by MITA volunteers.

Costs associated with Administration of the program include:

Preparation of special use permits ...................................................................... $ 400.00

Annual check of Refuge signs ............................................................................. $144.00

Boat Operating Costs $50/hr @ 3 hrs.................................................................. $150.00

Managing reservations......................................................................................... $200.00

Total Cost of Program.......................................................................................... $894.00

FY 2002 Refuge Budget Allocation included:

Salaries .......................................................................................................... $471,700

Fixed Costs ..................................................................................................... $ 38,300

Annual Maintenance ........................................................................................ $16,800

Total Available Funds .................................................................................... $526,800
Camping

Draft CCP/EIS - April, 2004 C-9

Based on a review of the budget allocated for recreational use management, I certify that funding is

adequate to ensure compatibility and to administer and manage the recreational use listed.

Anticipated Impacts of the Use:

Impacts associated with this use would generally be confined to a relatively small area of each island

in the immediate vicinity of the use; i.e., the campsite. As each camp site is situated on a gravel type

beach, there would be little direct impacts to the immediate environment. Camping may impose some

impacts along the edges of the shoreline which may include trampling of vegetation and temporary

disturbance to wildlife. These impacts would be short term and would not impose long term degradation at the current use. Seasonal storms, waves, and high tides actually impact island shorelines with

forces that far exceed limited human foot traffic. Long term impacts in the form of vegetation trampling, local wildlife disturbance, and littering would occur if this use increased greatly or were unrestricted. On some coastal islands that have a much higher use, littering, erosion, and vegetation

trampling were found to be excessive. Islands that have established trails can and do develop areas

where erosion is excessive and results in loss of ground cover and sloughing away of the actual trail.

These impacts have not occurred on these two islands.

The listed use would not detract from other Refuge programs because volunteers provide all monitoring and policing through MITA's Island Steward Program. Also, Refuge goals and objectives focus

mainly on coastal seabird nesting islands. Neither island where this use occurs has nesting seabirds.

One pair of eagles nest on Bois Bubert at this time (not in the vicinity of Seal Cove) and no osprey

nest in close proximity to the camp site. No eagles or osprey nest on Halifax Island. On Halifax

Island- the eastern side of the Island is closed to protect fragile botanical features. Endangered or

threatened species do not occur in the immediate area of the campsites and no wetlands would be

impacted.

Again, there seem to be very minor problems associated with littering, in fact both of these groups are

required to clean up the area and notify the Refuge of any problems. MITA does an annual litter pickup at the campsite and along the shoreline; most trash collected is fishing gear that has washed on

shore.

Public Review and Comment:

This determination is being prepared concurrently with the Comprehensive Conservation Plan (CCP).

The listed use has been discussed at CCP public meetings and has been identified in the CCP Planning Update. Several comments have been received to date. Further public comment opportunity will

take place concurrently with the public review and comment period of the draft plan and associated

EIS.

Determination (Check one below):

____ Use is Not Compatible

_X_ Use is Compatible With the Following Stipulations
Appendix C – Compatibility Determination

C-10 Petit Manan National Wildlife Refuge Complex

Stipulations Necessary to Ensure Compatibility:

MITA

1. MITA members will not enter closed areas (see current MITA Handbook for reference map) for

any purpose at any time without written authorization from the Refuge Manager. Closed areas

are subject to change as wildlife activity dictates. Permittee will be informed of these changes

both verbally and by posted signs in the field.

2. This permit is issued upon the express condition that the United States of America, its agents and

employees shall be free from all liabilities and claims for damages and/or suits for or by reason

of any injury to any person or property of any kind whatsoever, whether to the property of the

United States, the Permittee or third parties, from any cause whatsoever arising from any acts or

omissions of the Permittee, its agents or employees pursuant to the terms of this Permit or in any

way connected thereto, and the Permittee hereby covenants and agrees to indemnify, defend,

save and hold harmless the United States of America, its agents, and employees from all such

liabilities, expenses, obligations, damages, and costs on account of or by reason of any injuries,

deaths, liabilities, claims, suits or losses however occurring or damages arising out of the same.

3. The Permittee shall purchase and maintain during the term of this permit comprehensive general

liability insurance against claims occasioned by actions or omissions of the Permittee, its agents,

and employees, in carrying out the activities and operations authorized hereunder. Such insurance shall be commensurate with the degree of risk and the scope and size of such activities

authorized herein, but in any event not less than $500,000 for bodily injury per person, and

$1,000,000 per incident, and property damage of at least $25,000 per occurrence. A certificate of

insurance will be secured from the insurance carrier and provided to the Refuge prior to beginning any activities authorized under this permit. All liability policies are to name the United

States of America as an additional insured and shall specify that the insurance company shall

have no right of subrogation against the United States and shall have no recourse against the

Government for payment of any premium or assessment.

4. Group size maximum is 10 persons per MITA site.

5. Permittee will provide the Refuge Manager with an annual report of the number of overnight

groups (including the number of individuals per group) known to have used the islands per

month, as well as the number of hours MITA volunteers spent maintaining each site. This report

is due no later than October 12, of each year.

6. Each site on the refuge shall be monitored throughout the season by a MITA-designated volunteer. A log of problems encountered and/or time spent checking and maintaining the site will be

submitted along with statistics from item #5.

7. All human waste and trash generated during the visit must be carried off-refuge with the group

or individual at departure.

8. Permittee will use only designated camp areas. No vegetation at the sites will be disturbed or cut

without authorization from the Refuge Manager.

9. Fires (cooking or camp) and pets are not permitted on Refuge islands.
Camping

Draft CCP/EIS - April, 2004 C-11

CHEWONKI

1. Tour leader and/or group will not enter closed areas for any purpose at any time without written

authorization from the Refuge Manager. Closed areas are subject to change as wildlife activity

dictates. Permittee will be informed of these changes both verbally and by posted signs in the

field.

2. This permit is issued upon the express condition that the United States of America, its agents and

employees shall be free from all liabilities and claims for damages and/or suits for or by reason

of any injury to any person or property of any kind whatsoever, whether to the property of the

United States, the Permittee or third parties, from any cause whatsoever arising from any acts or

omissions of the Permittee, its agents or employees pursuant to the terms of this Permit or in any

way connected thereto, and the Permittee hereby covenants and agrees to indemnify, defend,

save and hold harmless the United States of America, its agents, and employees from all such

liabilities, expenses, obligations, damages, and costs on account of or by reason of any injuries,

deaths, liabilities, claims, suits or losses however occurring or damages arising out of the same.

3. The Permittee shall purchase and maintain during the term of this permit comprehensive general

liability insurance against claims occasioned by actions or omissions of the Permittee, its agents,

and employees, in carrying out the activities and operations authorized hereunder. Such insurance shall be commensurate with the degree of risk and the scope and size of such activities

authorized herein, but in any event not less than $500,000 for bodily injury per person, and

$1,000,000 per incident, and property damage of at least $25,000 per occurrence. A certificate of

insurance will be secured from the insurance carrier and provided to the Refuge prior to beginning any activities authorized under this permit. All liability policies are to name the United

States of America as an additional insured and shall specify that the insurance company shall

have no right of subrogation against the United States and shall have no recourse against the

Government for payment of any premium or assessment.

4. Groups will not exceed 10, including tour leaders.

5. In accordance with the 1992 United States General Accounting Office audit, the U.S. Fish and

Wildlife Service is required to conduct compliance checks to ensure Permittees are operating

within all aspects of their permit and U.S. Coast Guard regulations. These checks may be conducted unannounced.

6. A schedule of island visits planned for the season will be provided to the Refuge Manager prior

to beginning and activities authorized under this permit so that overlap with other tour groups

may be avoided.

7. Permittee will provide the Refuge Manager with an annual report of the number of overnight

tours (including the number of individuals per tour) conducted on the refuge per month. This

report is due no later than October 12, 2001.

8. Fires (cooking or camp) and pets are not permitted on Refuge islands.

9. All human waste and trash generated during the visit must be carried off-refuge with the group

or individual at departure.

10. Permittee will use only designated camp areas, designated on a map by Refuge Manager. No

vegetation at the sites will be disturbed or cut without authorization from the Refuge Manager.
Appendix C – Compatibility Determination

C-12 Petit Manan National Wildlife Refuge Complex

General Public

1. On Bois Bubert Island-only camp in the area located at Seal Cove and on Halifax Island-only

camp on the area which is near the north-facing cobble beach. No more than 2 consecutive nights

is allowed for camping,

2. On Halifax Island- the eastern side of the Island is closed to protect fragile botanical features.

3. Fires of any kind are not allowed.

4. Group size limited to 10 persons

5. Permittee will notify the Refuge of any problems on or around the island.

6. All human waste and trash generated during the visit must be carried off island.

7. Pets are not allowed on Refuge islands.

8. All visitors must practice the Leave No Trace principles.

Justification:

Although not necessary to enjoy wildlife-oriented refuge activities, overnight stays could expand on

this by providing recreational opportunities to offshore islands where an overnight stay would facilitate the increased safety in having a safe haven in the coastal ocean environment. Cooperating with

MITA also allows for the dissemination of literature and information promoting island ethics. In

addition, MITA members serve as our monitoring Aeyes on islands that we only visit periodically.

MITA is a non-profit conservation organization committed to preserving Maine’s undeveloped islands

in their natural state while providing a recreational asset for responsible visitors. These goals are

achieved by encouraging a sense of stewardship and promoting a philosophy of low-impact use.

Members use the islands in a manner that has little or no impact on the natural environment with

special consideration given to wildlife. Members also assist island owners in monitoring wildlife,

recreational use, keeping shores clean, and carrying out projects. Sea kayaking has become an incredibly popular sport and pressures on islands are increasing. MITA is the only organization that is

educating these users to responsible stewardship. Their annual publication includes information on

marine/island wildlife, safety, property rights, commercial traffic, low impact camping, weather, etc.

In addition, each year prior to their annual mailing the USFWS is given an opportunity to send additional information (e.g., Island Ethics brochure).

They preform a needed service - cleaning up litter, primarily from commercial fishing activities,

noting wildlife use in daily logs, and activities that may be of potential concern, and serve as stewards

of the site, which is very attractive and consequently draws use. MITA use is allowed under an annual

refuge special use permit.

CHEWONKI is a non-profit educational institution dedicated to outdoor experiential education.

Founded in 1915 programs encourage participants to develop their personal potential, gain a sense of

community, and heighten their interest in and understanding of the natural world, in particular the

marine environment. CHEWONKI has provided long-term monitoring of wildlife populations on

many islands within the Gulf of Maine. CHEWONKI use of the islands has been minimal, one or two

visits per year. Instructors are well versed in seamanship, respect for the land and wildlife, and natural

history, and they leave the site spotless.
Camping

Draft CCP/EIS - April, 2004 C-13

Petit Manan NWR uses Partnerships and Environmental Education to motivate citizens of all ages to

action and understanding in protecting a healthy ecosystem. Partnerships and Environmental Education are tools used to build a land ethic, develop political support, lessen vandalism, littering and

poaching. Visitors come to Petit Manan NWR to see, enjoy, and learn about wildlife and their habitats. Wildlife observation, photography, and educational opportunities along Refuge shorelines are

wildlife oriented activities (USFWS 1985) which are compatible with Refuge purposes. The minor

impacts to vegetation and wildlife which may occur are a worthwhile trade off for informing visitors

about island wildlife and providing an opportunity for active land stewardship. These activities are

used throughout the country to inform and educate visitors to public lands of all types (Grater 1976).

With the stipulations noted in the Special Use Permit conditions, activities will be compatible with

Refuge purposes, while providing opportunities for visitors to use and learn about Refuge and marine

resources.

General Public use on these islands for camping is justified because to exclude one segment of users

and allow the same use to others would not be in keeping with an equal opportunity philosophy. Not

to allow the general public the same opportunity as MITA or Chewonki might be construed as discriminatory.

Based on the limited detrimental impacts of this use, the above stipulations, and a 12 year history of

use, overnight camping at current levels will not materially interfere with or distract from the mission

of the National Wildlife Refuge System or the purposes for which the refuge was established.

Signature: Refuge Manager: ________________________________________________

(Signature and Date)

Concurrence: Regional Chief: ______________________________________________

(Signature and Date)

Mandatory 10-Year Re-Evaluation Date: ______________________________________

Literature Cited

Grater, Russell K. 1976. The Interpreters Handbook. Globe, AZ: Southwest Parks and Monuments

Association.

U.S. Fish and Wildlife Service. 1985. Refuge Manual. Washington, D.C. : U.S. Government Printing

Office.
Appendix C – Compatibility Determination

C-14 Petit Manan National Wildlife Refuge Complex

Compatibility Determination – Petit Manan National Wildlife Refuge Complex

Sheep Grazing on Seabird Nesting Islands

Establishing and Acquisition Authorities:

Authorized through an Act Authorizing the Transfer of Certain Real Property for Wildlife, or other

purposes. The establishing and acquistion authorities are:

1. 16 U.S.C. 667b, Public Law 80-537, An Act Authorizing the Transfer of Certain Real Property

for Wildlife, or other Purposes; and,

2. 16 U.S.C 715-715r, The Migratory Bird Conservation Act, as amended and Established under the

authority of the Migratory Bird Conservation Act, as amended.

Refuge Purpose(s):

1. “...for use as an inviolate sanctuary, or for any other management purpose, for migratory birds.”

16 U.S.C. 715d (Migratory Bird Conservation Act).

2. “... suitable for - (1) incidental fish and wildlife-oriented recreational development, (2) the

protection of natural resources, (3) the conservation of endangered species or threatened species

...” 16 U.S.C. 460k-1 (Refuge Recreation Act).

3. “...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).

4. “... the conservation of the wetlands of the Nation in order to maintain the public benefits they

provide and to help fulfill international obligations contained in various migratory bird treaties

and conventions ...” 16 U.S.C. 3901(b), 100 Stat. 3583 (Emergency Wetlands Resources Act of

1986).

National Wildlife Refuge System Mission:

The mission of the National Wildlife Refuge System is to administer a national network of lands and

waters for the conservation, management, and where appropriate, restoration of the fish, wildlife, and

plant resources and their habitats in the United States for the benefit of present and future generations

of Americans.

Description of Use:

Sheep grazing has been a traditional use on Maine's coastal islands ever since the colonies were

settled in the 18th century. According to Wasson (1984), New England was the birthplace of the

American sheep industry. It is even thought the English monarchs, through suppressing the wool

industry in the Colonies was one of the major frustrations leading to the Revolution. Today grazing

sheep for high quality wool continues on only a handful of islands. Two Refuge islands, Little Nash

and Metinic, currently have sheep grazing. Both Islands are predominately unwooded and are vegetated by grass and forbs. Metinic is partly wooded. Both islands host nesting terns, eiders, and gulls.

Metinic Island supports one of the Refuge’s six seabird restoration projects.
Sheep Grazing on Seabird Nesting Islands

Draft CCP/EIS - April, 2004 C-15

Grazing on these two islands continues due to the infeasibility of keeping sheep off Refuge lands. On

each island, FWS owns only a part of the island. The sheep that have been on these islands for many

years prior to Refuge establishment have freely grazed the entire island. On Little Nash Island, sheep

cross over at low tides from Big Nash, a privately owned island. Sheep on Metinic move to the Refuge land from the south end of the island which is under private ownership. Permanent fencing across

the island would be difficult, costly and inefficient as the animals could easily travel around the fence

during low tides.

Sheep remain on the islands year around and are gathered each year in early summer for shearing.

Approximately 120 sheep graze Metinic refuge property and 30-35 graze on Little Nash. As the

animals move around on the islands, this number does not represent a daily use. On Little Nash

Island, grazing occurs year around. On Metinic Island, sheep are fenced out of the tern colony with

electric fence during April through August. Note: grazing on these two islands is not a proposed use

but a use that has continued traditionally for many generations before the islands became NWR lands.

Availability of Resources:

The costs incurred by Refuge programs for managing this use are funded through the on-going seabird restoration project which is funded under RONS99. Funding supports seasonal research interns

and sheep exclosure electrical fencing, solar panels and batteries on Metinic Island. No funding is

directed to Little Nash Island as this island does not support a seabird restoration program at this time.

MMS dollars are also available if necessary. Currently, the cost of maintaining sheep free areas to

protect nesting seabirds is available in existing program budgets.

Costs associated with administration of this program include:

Boat Operating Costs $50/hr @ 10hrs................................................................ $500.00

Equipment maintenance/replacement

(includes, fence posts, electric fence,

hardware, solar panel, batteries) ...................................................................... $2,500.00

Staff time to set up and monitor ......................................................................... $915.00

Intern Time (monitoring) .................................................................................... $210.00

Total Cost of Program...................................................................................... $4,125.00

This is the cost to implement the program and is not an annual cost. The cost will fluctuate depending

upon how often equipment needs replacing.

FY 2002 Refuge Budget Allocation included:

Salaries ......................................................................................................... $471,700

Fixed Costs ..................................................................................................... $38,300

Annual Maintenance ....................................................................................... $16,800

RONS Project (Metinic Island) ...................................................................... $10,800

Total Available Funds ................................................................................... $537,600

Based on a review of the budget allocated for grazing management, I certify that funding is adequate

to ensure compatibility and to administer and manage this use.
Appendix C – Compatibility Determination

C-16 Petit Manan National Wildlife Refuge Complex

Anticipated Impacts of the Use:

Where uncontrolled, grazing can have detrimental impacts to habitat and wildlife. For example, high

density cattle stocking and grazing that is not seasonally managed has been shown to have a negative

impact on nesting densities of several species of ducks and upland sandpipers in the northern Great

Plains (Kruse and Bowen 1996, Bowen and Kruse 1993).

Grazing can negatively impact other species, such as terns and eiders directly through physical disturbance which could subject the birds to predation by gulls or more indirectly through habitat alteration

from intensive grazing. In addition, grazing under some conditions could displace nesting birds,

eiders in particular, to peripheral and less productive habitat. The positive effects of grazing as a

management tool must also be considered. Managing habitat with cattle grazing can be successful

where grazing pressure is managed and a rest rotation regime is used (Mundinger 1976). Sheep

grazing has also been used to manipulate rangeland vegetation in Utah (Jensen and Urness 1982) and

to control cattail in California (Ermacoff 1968).

Little Nash Island is a former tern nesting island that now supports nesting eiders and gulls in addition

to a small number of terns nesting on the periphery of the island. Little information is available on the

interactions between sheep and seabirds on this island. It is currently unclear what effects nesting

black-backed gulls are having on terns and eiders, or if the combination of grazing and gull predation

is synergistic.

Metinic Island currently supports a seabird restoration program where research interns monitor

nesting terns and sheep. Sheep on this island are excluded from the tern restoration site during the

may-August nesting season using electric fencing. Also, vegetation is being studied to look at the

effects grazing has on habitat. Grazing is being monitored to ascertain how it can be applied as a tool

to manage vegetation for improving nesting habitat for terns on offshore seabird nesting islands.

Where vegetation is left unchecked for long periods of time, encroaching rank grasses, forbs, and

shrubs can choke out quality tern nesting habitat. It appears that grazing during the fall and winter

does control vegetation and with seasonal exclosures, can become an effective tool in tern habitat

management. It can also be argued that for eiders, grazing would reduce the vegetative density and

thereby reduce good eider nesting habitat.

Managing grazing through timing and exclusion will have a positive impact on nesting terns over the

long term via vegetation control and nesting habitat maintenance. Using grazing as a tool will help

meet Refuge objectives to restore tern populations on Refuge lands.

Public Review and Comment:

This determination is being prepared concurrently with the Comprehensive Conservation Plan (CCP).

The listed use has been discussed at CCP public meetings and has been identified in the CCP Planning

Update. Several comments have been received to date. Further public comment opportunity will take

place concurrently with the public review and comment period of the draft plan and associated EIS.

Determination Check one below):

____ Use is Not Compatible

_X_ Use is Compatible With the Following Stipulations
Sheep Grazing on Seabird Nesting Islands

Draft CCP/EIS - April, 2004 C-17

Stipulations Necessary to Ensure Compatibility:

Where grazing can be controlled, stocking density will be below the maximum necessary to achieve

objectives. Where appropriate, sheep will be seasonally excluded from specific habitats or nesting

colonies through physical barriers. Because the Service does not have complete ownership of Little

Nash and Metinic islands, it is difficult to control grazing on the Refuge portion of each island.

Seasonal fencing (exclosures) may be the most effective technique at this point, as permanent fencing

across each island would not be feasible or effective given that sheep are extremely mobile and can

negotiate around fences during low tides. On Metinic Island, the tern colony will be enclosed by

electric fencing. This technique works well as long as the area can be consistently monitored throughout the nesting season. Two interns are hired annually to monitor nesting seabirds on this island. In

addition, the island protocol includes specific tasks to monitor sheep and study vegetation in the

enclosure and adjacent grazed areas.

Justification:

Grazing can be used in the form of a system which can be locally adapted to produce desirable objectives. Rest and or deferred rotational periods can be incorporated into a system to produce a variety of

habitat for wildlife. With proper timing, kind of livestock, stocking rate and frequency, grazing can be

used to achieve wildlife objectives (Refuge Manual, 6RM 5.5B 1982). Using grazing as a habitat

management tool at Petit Manan NWR is currently under study. With the use of exclosures to keep

sheep out of the seabird colony, Refuge objectives to restore colonial nesting seabirds to off shore

islands are being accomplished. The limited amount of grazing currently on Refuge islands will not

deter from nor detract from the mission of the National Wildlife Refuge System. Under current

circumstances, accommodating grazing, at least at current levels, will help the Refuge gain biological

information for the seabird restoration program.

Signature: Refuge Manager: ________________________________________________

(Signature and Date)

Concurrence: Regional Chief: ______________________________________________

(Signature and Date)

Mandatory 10-Year Re-Evaluation Date: ______________________________________

Literature Cited:

Bowen B.S. and A.D. Kruse. 1993. Effects of grazing on nesting by upland sandpipers in southcentral North Dakota. J. Wildl. Manage. 57: 291-301.

Ermacoff, N. 1968. Marsh and habitat management practices at the Mendota Wildlife Area. California

Dept. of Fish and Game. Game Management leaflet 12. 12 pp.

Mundinger, J.G. 1976. Waterfowl response to rest-rotation grazing. J. Wildl. Manage. 40: 60-68.

Jensen, C.H. and P.J. Urness. 1982. Big game livestock relationships survey: Grazing domestic sheep

to manipulate vegetation for big game on foothill rangeland. Utah Div. Of Wildlife Resources,
Appendix C – Compatibility Determination

C-18 Petit Manan National Wildlife Refuge Complex

Proj. No. Utah W-105-R. 39 pp.

Kruse, A.D. and B.S. Bowen. 1996. Effects of grazing and burning on densities and habitats of breeding ducks in North Dakota. J. Wildl. Manage. 60(2): 233-246.

Wasson, R.L. 1984. Pulling together a Maine-New England maritime market development program.

Maine Agricultural Experiment Station Misc. Pub. 684: pp. 106-111.
Monitoring Resources

Draft CCP/EIS - April, 2004 C-19

Compatibility Determination – Petit Manan National Wildlife Refuge Complex

Monitoring Resources

Establishing and Acquisition Authorities:

Authorized through an Act Authorizing the Transfer of Certain Real Property for Wildlife, or other

purposes. The establishing and acquistion authorities are:

1. 16 U.S.C. 667b, Public Law 80-537, An Act Authorizing the Transfer of Certain Real Property

for Wildlife, or other Purposes; and,

2. 16 U.S.C 715-715r, The Migratory Bird Conservation Act, as amended and Established under the

authority of the Migratory Bird Conservation Act, as amended.

Refuge Purpose(s):

1. “...for use as an inviolate sanctuary, or for any other management purpose, for migratory birds.”

16 U.S.C. 715d (Migratory Bird Conservation Act).

2. “... suitable for - (1) incidental fish and wildlife-oriented recreational development, (2) the

protection of natural resources, (3) the conservation of endangered species or threatened species

...” 16 U.S.C. 460k-1 (Refuge Recreation Act).

3. “...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).

4. “... the conservation of the wetlands of the Nation in order to maintain the public benefits they

provide and to help fulfill international obligations contained in various migratory bird treaties

and conventions ...” 16 U.S.C. 3901(b), 100 Stat. 3583 (Emergency Wetlands Resources Act of 1986).

National Wildlife Refuge System Mission:

The mission of the National Wildlife Refuge System is to administer a national network of lands and

waters for the conservation, management, and where appropriate, restoration of the fish, wildlife, and

plant resources and their habitats in the United States for the benefit of present and future generations

of Americans.

Description of Use:

Activities: On Refuge lands-Monitoring through collection of zoological specimens, including

herpitiles, lepidopterans, Odonates, Arachnids and other Family groups as opportunity and need

arises. On Refuge lands monitor for occurrence of Lyme disease carrying ticks. Band/census birds in

support of MAPS project, Migratory Bird Management Office needs, Regional migratory bird inventory needs, and special projects where banding and censusing are appropriate techniques for gathering

biological information. Collect soil samples as needed to support Refuge research and monitoring

projects and NRCS soil survey needs and vegetative samples for herbarium use.

A Refuge Special Use Permit is completed annually between the Service and Humboldt Field

Research Institute.
Appendix C – Compatibility Determination

C-20 Petit Manan National Wildlife Refuge Complex

Humboldt Field research Institute is a educational institution specializes in training wildlife, biological,

botany, etc. professionals in coastal ecology. They have completed surveys of bryophytes, wetland

plants, geological patterns, etc. on Petit Manan Point and some islands. Professionals from all over

the nation attend classes, in addition to gaining more baseline data on Refuge resources. Communications with other professionals is also a benefit. Data, where appropriate will be entered into a GIS.

Availability of Resources:

Resources are available through current RONS funding. Refuge staff, volunteers and cooperators also

provide resources to effect projects.

Anticipated Impacts of the Use:

Impacts have been positive and useful, increasing information for the Refuge and coastal ecosystem.

This activity supports the purposes for which the Refuge was established. Some trampling of vegetation may occur, but monitoring is being conducted by trained professionals, who wish to continue

their studies and respect the resource. Some wildlife may temporarily be disturbed.

Public Review and Comment:

Determination (Check one below):

____ Use is Not Compatible

_X_ Use is Compatible With the Following Stipulations

Stipulations Necessary to Ensure Compatibility:

Research activities will be monitored through annual review of standard operating procedures, impacts on the resource, pre-season consultations, and an annual end of season field report. New proposals must be submitted for review and approval prior to initiation of work.. Prior to field trips, any

areas of use will be agreed to and identified on a map.

Justification:

Data collection, monitoring of existing wildlife species, monitoring dispersal of insects, continuing

plant inventories, etc. add to the Refuge baseline data information which enables land managers and

wildlife professionals to better manage Federal lands. These activities support the purposes of the

Refuge. Monitoring Resources will not detract from the mission of the National Wildlife Refuge

System or the objectives of the Refuge.

Signature: Refuge Manager: ________________________________________________

(Signature and Date)

Concurrence: Regional Chief: ______________________________________________

(Signature and Date)

Mandatory 10-Year Re-Evaluation Date: ______________________________________
Research – Neotropical Migrants

Draft CCP/EIS - April, 2004 C-21

Compatibility Determination – Petit Manan National Wildlife Refuge Complex

Research – Neotropical Migrants

Establishing and Acquisition Authorities:

Authorized through an Act Authorizing the Transfer of Certain Real Property for Wildlife, or other

purposes. The establishing and acquistion authorities are:

1. 16 U.S.C. 667b, Public Law 80-537, An Act Authorizing the Transfer of Certain Real Property

for Wildlife, or other Purposes; and,

2. 16 U.S.C 715-715r, The Migratory Bird Conservation Act, as amended and Established under the

authority of the Migratory Bird Conservation Act, as amended.

Refuge Purpose(s):

1. “...for use as an inviolate sanctuary, or for any other management purpose, for migratory birds.”

16 U.S.C. 715d (Migratory Bird Conservation Act).

2. “... suitable for - (1) incidental fish and wildlife-oriented recreational development, (2) the

protection of natural resources, (3) the conservation of endangered species or threatened species

...” 16 U.S.C. 460k-1 (Refuge Recreation Act).

3. “...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).

4. “... the conservation of the wetlands of the Nation in order to maintain the public benefits they

provide and to help fulfill international obligations contained in various migratory bird treaties

and conventions ...” 16 U.S.C. 3901(b), 100 Stat. 3583 (Emergency Wetlands Resources Act of

1986).

National Wildlife Refuge System Mission:

The mission of the National Wildlife Refuge System is to administer a national network of lands and

waters for the conservation, management, and where appropriate, restoration of the fish, wildlife, and

plant resources and their habitats in the United States for the benefit of present and future generations

of Americans.

Description of Use:

This effort is part of a Neotropical Migrant Landbird Monitoring Program for Maine and New

Brunswick: Assessing Coastal Importance and Management Strategies. This project, initiated in 1993,

is a long-term international, multi-agency/privately funded monitoring program for Neotropical

migrant landbirds nesting and migrating through structurally stable boreal forests, bogs, and fens that

are relatively free from future habitat fragmentation, large changes in habitat structure, human disturbances, and insect infestations. The USFWS provides Challenge Grant and Migratory Bird-Nongame

Funds for monitoring on selected Refuge islands.
Appendix C – Compatibility Determination

C-22 Petit Manan National Wildlife Refuge Complex

Monitoring of Neotropical migrants occurs on selected Refuge islands in the spring, summer, and fall.

On Cross Island, the primitive trail system is used and overnight stays are permitted in the Refuge

cabin. Boat support is often provided by USFWS. Vegetative monitoring is done in August through

September. Neotropical migrant and vegetation studies conducted via contract researchers and Refuge

staff, as appropriate (RONS 98) will be expanded to include future Refuge lands (islands and mainland) and those lands that will be managed cooperatively through conservation easements or management agreements.

Availability of Resources:

Current staff and funding through RONs projects or flexible funds are available to support these kinds

of projects. Periodic support through specific Regional accounts, e.g., partners-in-flight, also may be

available.

Anticipated Impacts of the Use:

Impacts to vegetation and wildlife are expected to be minimal. Most studies will be conducted on

Refuge habitats that include mixed forests, grasslands, shrublands and both forested and non-forested

islands. Research activities will be similar on all Refuge lands. Only experienced technicians will be

employed, using, where possible, those that have had previous field experience in the area.

Positive impacts include:

Developing and implementing an international, long-term monitoring program for Neotropical migrant landbirds in Maine and New Brunswick,

Monitoring species, mostly Neotropical migrants, under-sampled by the BBS within the Region (19

species) and state (13 species) or species with a low level of sampling and showing significant population declines (2 species),

Evaluating long-term monitoring trends for the migration season for Neotropical migrant landbirds

using point counts,

Compliment and enhance the results and interpretation of BBS data for the spruce-fir forest biome,

Monitor nesting populations of merlin (only area in New England with established breeding population), Bicknell’s thrush, and blackpoll warbler (only lowland populations in the U.S. and Canadian

Maritimes),

Establish baseline floral and faunal information on Refuge lands.

Public Review and Comment:

This determination is being prepared concurrently with the Comprehensive Conservation Plan (CCP).

The listed use has been discussed at CCP public meetings and has been identified in the CCP Planning

Update. Several comments have been received to date. Further public comment opportunity will take

place concurrently with the public review and comment period of the draft plan and associated EIS.
Research – Neotropical Migrants

Draft CCP/EIS - April, 2004 C-23

Determination (Check one below):

____ Use is Not Compatible

_X_ Use is Compatible With the Following Stipulations

Stipulations Necessary to Ensure Compatibility:

Nesting bald eagles, osprey and seabirds will be taken into consideration to minimize disturbance to

these birds. Project proposals, cooperative agreements, Special Use Permits, and standard operating

procedures will be reviewed prior to each field season; survey routes and plot points will be approved

by Refuge staff who will occasionally accompany consultants on field trips; and end of season reports

will be compiled. Regulations to ensure the safety for all participants will be reviewed prior to each

season.

Justification:

Cooperative agreements and contracts are entered into under the authority of the Migratory Bird

Conservation Act, as amended (16 USC 715b). Agreements and contracts facilitate cooperation and

support management and monitoring on Refuge lands.

This cooperative effort between private land trusts, USFWS, USNPS, US Navy, Maine Department of

Inland Fisheries and Wildlife and private landowners, and a Provincial Park has brought together a

diverse assemblage of land managers to address the plight of Neotropical migrant landbirds whose

habitat requirements have no political/ownership boundaries. Management decisions affecting land

use require accurate, reliable long-term data on bird populations and vegetation changes which these

studies evaluate. Existing BBS population trend data collected under less rigorous protocol, without

concurrent vegetation and land use analysis, need to be critically evaluated. This study will provide

the means to accomplish these tasks.

Neotropical Migrant Research will not materially interfere with or detract from the fulfillment of the

National Wildlife Refuge System mission or the purposes of this Refuge.

Signature: Refuge Manager: ________________________________________________

(Signature and Date)

Concurrence: Regional Chief: ______________________________________________

(Signature and Date)

Mandatory 10-Year Re-Evaluation Date: ______________________________________
Appendix C – Compatibility Determination

C-24 Petit Manan National Wildlife Refuge Complex

Compatibility Determination – Petit Manan National Wildlife Refuge Complex

Seabird Restoration

Establishing and Acquisition Authorities:

Authorized through an Act Authorizing the Transfer of Certain Real Property for Wildlife, or other

purposes. The establishing and acquistion authorities are:

1. 16 U.S.C. 667b, Public Law 80-537, An Act Authorizing the Transfer of Certain Real Property

for Wildlife, or other Purposes; and,

2. 16 U.S.C 715-715r, The Migratory Bird Conservation Act, as amended and Established under the

authority of the Migratory Bird Conservation Act, as amended.

Refuge Purpose(es):

1. “...for use as an inviolate sanctuary, or for any other management purpose, for migratory birds.”

16 U.S.C. 715d (Migratory Bird Conservation Act).

2. “... suitable for - (1) incidental fish and wildlife-oriented recreational development, (2) the

protection of natural resources, (3) the conservation of endangered species or threatened species

...” 16 U.S.C. 460k-1 (Refuge Recreation Act).

3. “...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).

4. “... the conservation of the wetlands of the Nation in order to maintain the public benefits they

provide and to help fulfill international obligations contained in various migratory bird treaties

and conventions ...” 16 U.S.C. 3901(b), 100 Stat. 3583 (Emergency Wetlands Resources Act of

1986).

National Wildlife Refuge System Mission:

The mission of the National Wildlife Refuge System is to administer a national network of lands and

waters for the conservation, management, and where appropriate, restoration of the fish, wildlife, and

plant resources and their habitats in the United States for the benefit of present and future generations

of Americans.

Description of Use:

Restoration, research, monitoring, and management of seabird colonies on certain islands of the

Refuge Complex have been on-going since about 1984. Currently (2002), this activity occurs on Petit

Manan, Seal, Matinicus Rock, Pond, Ship, and Metinic Islands. As more islands are acquired or are

placed under cooperative management status (easements/management agreements, etc.), seabird

restoration opportunities may increase. Decisions on future sites will be determined through the Gulf

of Maine Seabird Working Group.
Seabird Restoration

Draft CCP/EIS - April, 2004 C-25

Refuge activities that support seabird restoration include feeding studies, banding, predator control,

monitoring, nest searching, productivity studies, food studies, vegetation and nest site mapping for

GIS analysis, and census. Vegetation management through use of pesticides, burning, mowing or

grazing may also occur. Restoration work normally begins in mid-May and continues through the first

week in August. Species that will be studied under this determination include common tern, Arctic

tern, roseate tern, Atlantic puffin, black guillemot, laughing gull, herring gull, great black-back gull,

razorbill, Leach's storm-petrel, and common eider.

Nine objectives and 88 strategies have been developed to carry out seabird restoration Goal l5 in the

Draft Comprehensive Conservation Plan (see plan).

Availability of Resources:

Funding for seabird work on Refuge islands is mainly through the RONS 99 project and Ecosystem

Team challenge grants. Current (2002) RONS funding is $36,300 and the 2002 challenge grant funding contributed $15,000. Staff salaries and Station operations funds are adequate to support this

project.

Cost breakout for seabird restoration

Intern salaries (Petit Manan, Ship, Metinic Islands) .......................................... $26,000

Food for interns ................................................................................................... $ 7,200

Equipment/materials ............................................................................................ $ 5,500

Logistical (boat) Support (120 hrs @ $50/hr.) .................................................... $ 6,000

Logistical (staff) Support ..................................................................................... $ 9,000

Planning ............................................................................................................... $ 3,025

Total .................................................................................................................... $56,725

Audubon Support (Seal, Pond, Matinicus Rock Islands)

(Funded through Challenge Grant) ..................................................................... $15,000

 Project Total ....................................................................................................... $71,725

FY 2002 Refuge Budget Allocation included:

Salaries ......................................................................................................... $471,700

Fixed Costs .................................................................................................... $ 38,300

Annual Maintenance ....................................................................................... $16,800

Total Available Funds ................................................................................... $526,800

Based on a review of the budget allocated for Refuge biological programs, I certify that funding is

adequate to ensure compatibility and to administer and manage seabird restoration.

Anticipated Impacts of the Use:

Seabird restoration at Petit Manan NWR Complex has been on-going since the mid-1980’s and is in

support of the purposes for which the Refuge was established. In addition, protecting and restoring

nesting seabird populations on the Refuge Complex's coastal islands contributes to regional and

international seabird conservation goals and supports the Gulf of Maine Tern Management Plan (Gulf

of Maine Tern Working Group 1989), the Roseate Tern Recovery Plan (USFWS 1998) and the focus
Appendix C – Compatibility Determination

C-26 Petit Manan National Wildlife Refuge Complex

of the Gulf of Maine Seabird Working Group(GOMSWG). Seabird restoration is also listed as Refuge

Goal 5 in the Station (Draft) Comprehensive Conservation Plan. It is expected that positive impacts

will continue to accrue to colonies of common and Arctic terns and Federally endangered roseate

terns which are showing promise of expanding. Within the time period 1984 and 2001, the Maine

population of common terns increased 168% (2,543 to 6,806 pairs); Arctic terns increased 61% (1,720

to 2,771 pairs); and roseate tern populations increased 278% (76 to 289 pairs). Members of

GOMSWG have identified the need to maintain numerous seabird colonies along the Maine coast.

Increasing the geographic distribution and the number of managed colonies would minimize the

potential for a single catastrophic event (i.e., oil spill or disease) from devastating a significant percentage of the population (Welch 2001).

Seabird restoration funding is adequate at present levels provided that funding continues through

challenge grants provided through the Gulf of Maine Rivers Ecosystem Team. Long term, funding

shortfalls could come about if the seabird program expands and RONS funding remains stable, and/or

challenge grant funding ceases. In such a case, it is anticipated that this priority program could divert

funding from other Refuge programs.

Public Review and Comment:

This determination is being prepared concurrently with the Comprehensive Conservation Plan (CCP).

The listed use has been discussed at CCP public meetings and has been identified in the CCP Planning Update. Several comments have been received to date. Further public comment opportunity will

take place concurrently with the public review and comment period of the draft plan and associated

EIS.

Determination (Check one below):

____ Use is Not Compatible

_X_ Use is Compatible With the Following Stipulations

Stipulations Necessary to Ensure Compatibility:

Restoration and research activities need be monitored through annual review of standard operating

procedures, research proposals, annual work plans, pre-season and post-season consultations with

cooperators and/ or contract researchers, field inspections, and annual end of season field reports.

Reviewing each season's results will allow staff biologists to evaluate the program to ensure that it is

meeting the Refuge's goals and objectives. New proposals will be submitted for review and approval

prior to initiation of work and cooperative agreements, when used, will be reviewed on an annual

basis.
Seabird Restoration

Draft CCP/EIS - April, 2004 C-27

Justification:

Nesting seabirds (terns, puffins, eiders) had been extirpated from most of Maine’s islands by the turn

of the 20th century. Only through the cooperative effort of Federal, State, and private partnerships,

have we been able to reverse this trend and start to see recoveries in populations of nesting seabirds

along the Maine coast.

Migratory birds are a trust resource that the Fish and Wildlife Service is mandated to protect. To

support the Service in managing and protecting this resource, the Refuge has made this a priority

biological program and every effort is made to assure that staffing and funding continues to support

this program. Restoration projects and research data collection activities require a long-term commitment and investment of time, funds, and expertise. To continue funding this program will help insure

that Refuge goals and objectives are met. In reviewing the Station annual budget and staffing required

to support this program, I have determined that carrying out a seabird restoration program at Petit

Manan NWR will not interfere with nor detract from other Refuge programs or the fulfillment of the

National Wildlife Refuge System mission or the purposes of the Refuge.

Signature: Refuge Manager: ________________________________________________

(Signature and Date)

Concurrence: Regional Chief: ______________________________________________

(Signature and Date)

Mandatory 10-Year Re-Evaluation Date: ______________________________________

Literature

Gulf of Maine Tern Working Group 1989. Gulf of Maine tern management plan. 44 pp.

U.S. Fish and Wildlife Service. 1998. Roseate Tern - Northeast population recovery plan. 75 pp.

Welch, L.(compiler) 2001. Seabird restoration in the Gulf of Maine -2001 season. Refuge files, Petit

Manan NWR.
Appendix C – Compatibility Determination

C-28 Petit Manan National Wildlife Refuge Complex

Compatibility Determination – Petit Manan National Wildlife Refuge Complex

Commercial Tour Boat Service to Machias Seal Island

Establishing and Acquisition Authorities:

Authorized through an Act Authorizing the Transfer of Certain Real Property for Wildlife, or other

purposes. The establishing and acquistion authorities are:

1. 16 U.S.C. 667b, Public Law 80-537, An Act Authorizing the Transfer of Certain Real Property

for Wildlife, or other Purposes; and,

2. 16 U.S.C 715-715r, The Migratory Bird Conservation Act, as amended and Established under the

authority of the Migratory Bird Conservation Act, as amended.

Refuge Purpose(s):

1. “...for use as an inviolate sanctuary, or for any other management purpose, for migratory birds.”

16 U.S.C. 715d (Migratory Bird Conservation Act).

2. “... suitable for - (1) incidental fish and wildlife-oriented recreational development, (2) the

protection of natural resources, (3) the conservation of endangered species or threatened species

...” 16 U.S.C. 460k-1 (Refuge Recreation Act).

3. “...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).

4. “... the conservation of the wetlands of the Nation in order to maintain the public benefits they

provide and to help fulfill international obligations contained in various migratory bird treaties

and conventions ...” 16 U.S.C. 3901(b), 100 Stat. 3583 (Emergency Wetlands Resources Act of

1986).

National Wildlife Refuge System Mission:

The mission of the National Wildlife Refuge System is to administer a national network of lands and

waters for the conservation, management, and where appropriate, restoration of the fish, wildlife, and

plant resources and their habitats in the United States for the benefit of present and future generations

of Americans.

Description of Use:

1. What is the use? (Is the use a priority use?)

This use includes ferry service to Machias Seal Island for the purpose of observing wildlife,

including the largest Alcid colony on the coast of Maine. This recreational use also includes

guided access on and over the island to observation blinds and interpretation of the nesting

seabird colony. Wildlife observation is a priority use of the National Wildlife Refuge System.
Commerical Tour Boat Service to Machias Seal Island

Draft CCP/EIS - April, 2004 C-29

2. Where would the use be conducted?

Seabird tours occur on Machias Seal Island, approximately 9 miles off the coast of Cutler,

Maine. The island is owned by the State of Maine, Dept. of Inland Fisheries and Wildlife and is

managed by Petit Manan NWR under a Memorandum of Understanding.

3. When would the use be conducted?

The period of use normally runs from late may to mid-August of each year depending on weather

conditions and numbers of birds on the island.

4. How would the use be conducted?

Tour boats servicing the island originate in Jonesport and Cutler, Maine, and Grand Manan, New

Brunswick, Canada. The two United States tour boat operators operate under a refuge special use

permit. The Canadian operator operates under a Canadian permit. A Schedule allotting landings

to each captain is developed cooperatively by the U.S. Fish and Wildlife Service and the Canadian Wildlife Service (CWS). Landings under the special use permit covers the period from June

1 to July 31 which is the time when most birds are present on the island. Landings are limited to

30 people per day (total) which is shared among the three tour boat captains. The average stay on

the island is under 3 hours, normally 2 to 2-1/2 hours.

5. Why is the use being proposed?

This use is on going and is supported because seabird viewing opportunities where people can

actually land on an island and view birds up close from observation blinds are very limited. The

current operation on Machias Seal Island provides the only opportunity of this kind in coastal

Maine. This is also a good opportunity to provide both outreach and education and to promote

support of nesting seabirds and island habitats.

Background

Sovereignty Issue: The Refuge Manager at Petit Manan NWR Complex has, for the past several

years, coordinated tour boat activities with the U.S. State Department's Office of Ocean Affairs,

Interior Department Solicitors, CWS, and the Regional Office in Hadley, Massachusetts. Sovereignty

is still an issue, even though the U.S. State Department says the island belongs to the United States.

Canada also claims the island and has a physical presence there via a staffed Canadian lightstation.

The CWS has designated this island as a migratory bird sanctuary, and has limited the access by

tourists during the breeding season since 1986. American and Canadian tour boat captains take tourists to the island to view seabirds. Until the 2001 season (June-July), captains were issued permits by

the CWS based on a landing schedule coordinated with the U.S. Fish and Wildlife Service (FWS),

Region 5 Regional Office. In 2001, permits were issued by the U.S. (Petit Manan National Wildlife

Refuge [NWR]). U.S. captains were requested not to sign Canadian landing permits. The Canadian

captain still operates under a Canadian permit. The State Department supports that the island is a U.S.

possession and belongs to the State of Maine. The State of Maine delegated ownership to their Department of Inland Fisheries and Wildlife (IFW). A Memorandum of Understanding between the FWS

and IFW outlines FWS's responsibility for management on the island. CWS has cooperated with Petit

Manan NWR in protecting seabirds and providing biological and public use information. This island

is listed as 1 of 43 islands protected by Petit Manan NWR Complex.
Appendix C – Compatibility Determination

C-30 Petit Manan National Wildlife Refuge Complex

Availability of Resources:

Existing staff and budget have provided sufficient resources to manage the current use.

Costs associated with current program implementation include:

Preparation of Special Use Permits .................................................................... $ 400.00

Boat operating costs ........................................................................................... $ 500.00

Meetings ......................................................................................................... $1,000.00*

Materials/Maintenance ....................................................................................... $ 500.00

Staff costs associated with Refuge program ..................................................... $2,900.00

* Includes periodic meetings at U.S. State Department

Total Cost of Program....................................................................................... $5,300.00

FY 2002 Refuge Budget Allocation included:

Salaries .......................................................................................................... $471,700

Fixed Costs ..................................................................................................... $ 38,300

Annual Maintenance ........................................................................................ $16,800

Total Available Funds .................................................................................... $526,800

Anticipated Impacts of the Use:

Approaching and landing on Machias Seal Island by commercial tour boats and passengers causes

short term disturbance to seabirds that are nesting near the approach or loafing nearby. In many cases,

birds become accustomed to people and boat movements and disturbance may actually decrease over

the season. Canadian light keepers who live on the island year round and seasonal researchers from

the University of New Brunswick (UNB) interact with the birds on an almost daily basis during the

nesting season. Landings by tour boats which are limited to 30 people per day during the June and

July permit period does not seem to be an additive disturbance during this time period. Long term

impacts are not known, however, this use has been on-going for many years and still, this colony is

thriving and is one of the most productive seabird colonies on the Maine coast.

Currently, commercial tour boats servicing this island are limited to three operators. Current use

(est.3,200 landings/year) appears not to be detrimental to nesting seabirds. Because of the issues

surrounding sovereignty and the increasing interest in ecotourism opportunities of this kind, and

pressures to increase these opportunities, additional tour boat operators may surface in the future. In

coastal Maine, wildlife viewing is becoming a popular pursuit for an increasing number of the vacationing public and their desire to view wildlife has resulted in commercial enterprises focusing on

bringing people to wildlife. Approximately 25,000 people annually take a commercial seabird tour

boat excursion from Bar Harbor past Petit Manan Island. Between 1983-1985 at least 19 companies in

coastal Maine chartered cruises to view wildlife resulting in an economic gain of approximately

$1,000,000 per year (Colgan, 1996). It is thus possible, and probable, that increased landings on this

island may occur causing more disturbance than the birds could tolerate. In that event, long term

detrimental impacts would be evident. Furthermore, current political issues surrounding this island

may make it difficult for FWS and CWS to control landing numbers in the future.
Commerical Tour Boat Service to Machias Seal Island

Draft CCP/EIS - April, 2004 C-31

Public Review and Comment:

This determination is being prepared concurrently with the Comprehensive Conservation Plan (CCP).

The listed use has been discussed at CCP public meetings and has been identified in the CCP Planning

Update. Several comments have been received to date. Further public comment opportunity will take

place concurrently with the public review and comment period of the draft plan and associated EIS.

Determination (Check one below):

____ Use is Not Compatible

_X_ Use is Compatible With the Following Stipulations

Stipulations Necessary to Ensure Compatibility:

Refuge staff meet annually with CWS and tour boat captains to discuss issues and concerns surrounding ecotourism landings on the island. Landings are limited to 30 per day (15/captain) and normally

last less than three hours. CWS hires a tern warden to monitor landings and with UNB assesses the

level of disturbance from landings and accessing the observation blinds. Tours are monitored by the

CWS tern warden and each boat captain and each tour group is escorted to a central staging area

before being directed to the blinds. This keeps people from wandering and unnecessarily disturbing

nesting birds. Tour boat captains operate under a special use permit that stipulates a landing schedule

and a maximum number of landings per day.

Justification:

Tour boat landings on Machias Seal Island provide a unique opportunity to bring people to a tremendous wildlife viewing opportunity. This opportunity supports the refuge priority uses of wildlife

observation and photography as outlined in the National Wildlife Refuge System Improvement Act of

1997 and will increase outreach of the Refuge and National Wildlife Refuge System. Commercial

tour boat service to Machias Seal Island contributes to the achievement of the national wildlife refuge

purposes and the National Wildlife Refuge System, and will not interfere with nor detract from the

fulfillment of the National Wildlife Refuge System mission or the purposes of the Refuge.

Signature: Refuge Manager: ________________________________________________

(Signature and Date)

Concurrence: Regional Chief: ______________________________________________

(Signature and Date)

Mandatory 10-Year Re-Evaluation Date: ______________________________________

Literature Cited

Colgan, C.S. 2002. Economic analysis Report, Petit Manan National Wildlife Refuge Complex

Planning Project, Draft Environmental Impact Statement. U.S. Fish and Wildlife Service,

Hadley, Massachusetts.
Appendix C – Compatibility Determination

C-32 Petit Manan National Wildlife Refuge Complex

Compatibility Determination – Petit Manan National Wildlife Refuge Complex

Public Hunting

Establishing/Acquisition Authority:

Authorized through an Act Authorizing the Transfer of Certain Real Property for Wildlife, or other

purposes. The establishing and acquistion authorities are:

1. 16 U.S.C. 667b, Public Law 80-537, An Act Authorizing the Transfer of Certain Real Property

for Wildlife, or other Purposes; and,

2. 16 U.S.C 715-715r, The Migratory Bird Conservation Act, as amended and Established under the

authority of the Migratory Bird Conservation Act, as amended.

Refuge Purpose:

1. “...for use as an inviolate sanctuary, or for any other management purpose, for migratory birds.”

16 U.S.C. 715d (Migratory Bird Conservation Act).

2. “... suitable for - (1) incidental fish and wildlife-oriented recreational development, (2) the

protection of natural resources, (3) the conservation of endangered species or threatened species

...” 16 U.S.C. 460k-1 (Refuge Recreation Act).

3. “...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).

4. “... the conservation of the wetlands of the Nation in order to maintain the public benefits they

provide and to help fulfill international obligations contained in various migratory bird treaties

and conventions ...” 16 U.S.C. 3901(b), 100 Stat. 3583 (Emergency Wetlands Resources Act of 1986).

National Wildlife Refuge System Mission:

The mission of the National Wildlife Refuge System is to administer a national network of lands and

waters for the conservation, management, and where appropriate, restoration of the fish, wildlife, and

plant resources and their habitats in the United States for the benefit of present and future generations

of Americans.

Description of Use:

1. What is the use?

This determination covers opening several sections of the Refuge to the hunting of migratory

game birds and waterfowl, small and big game.

2. Where would the use be conducted?

Areas of the Refuge that are open to hunting and are identified in the Refuge Hunt Plan (USDIPetit Manan NWR 2001a) and Refuge Specific Regulations (USDI-Petit Manan NWR 2001b)

include; Sawyers Marsh Division and Bois Bubert Island in Milbridge, Gouldsboro Bay Division

in Gouldsboro, and 22 islands which are open to hunting of migratory birds. In addition, the
Public Hunting

Draft CCP/EIS - April, 2004 C-33

Refuge proposes to open to deer hunting the 2,200 acre Petit Manan Point Division located in

Steuben, Maine.

3. When would the use be conducted?

Hunting takes place in Maine normally from September through March.

4. How would the use be conducted?

All hunting will be conducted under State and Federal regulations and Refuge Specific Regulations. Refuge Specific Regulations are available to the public in brochure format.

The Refuge ownership on coastal lands in Maine extends to the mean low tidal mark, thus, they

normally encompass intertidal lands that lie between the high and low tidal ranges. These intertidal lands are considered Public Trust Lands of the people of Maine, and as such, certain rights

(fishing, fowling, and navigation) are held in common by the people of Maine. The Legislature

of Maine states that these rights held in public trust are generally derived from English Common

Law and from the Massachusetts Colonial Ordinance of 1641-1647 (State of Maine Bureau of

Public Lands). These recreational uses held in trust are among the most important to the people

of Maine today . The Service recognizes these rights and, unless there is evidence that such uses

detract from the Service's mission to protect these lands, will allow such uses. Hunting occurs

outside the seabird nesting season (April 1 to August 31) or eagle nesting season (February 15 to

August 31).

5. Why is this use being proposed?

Hunting is one of the priority uses outlined by Congress in the Refuge Improvement Act of 1997.

The Service supports and encourages priority uses on National Wildlife Refuge lands where

appropriate and compatible. Hunting is used in some instances to manage wildlife populations

and can provide pertinent biological information to State wildlife agencies. Hunting is also a

traditional form of wildlife oriented recreation that can be accommodated on many NWRS lands.

In coastal Maine, many private lands and State areas offer similar hunting opportunities.

Availability of Resources:

Additional fiscal resources to conduct this activity would be minimal as hunting would occur under

State regulations and not as a Refuge regulated hunting program.. Staff time and resources necessary

to monitor this use are provided below. Staff from the Rockport and Milbridge offices will provide

limited monitoring. The Refuge would also coordinate with State wardens of the Department of

Inland Fisheries and Wildlife and Department of Marine Resources Marine Patrol personnel.

Costs associated with administration of this use include:

Preparation of Annual Hunt Plan (16 staff hrs @ $24.60/hr) ............................. $393.60

Preparation of Refuge Hunting Information/maps (16 staff hrs @ $22.43/hr) ... $358.88

Law Enforcement (40 staff hrs @ $28.61/hr) .................................................... $1144.40

Boat Operation ($50/hr @ 10 hrs) ....................................................................... $500.00

News Releases (8 staff hrs @ $24.60/hr) ............................................................ $196.80

*Hunter Orientation Session................................................................................ $320.00

Program Cost ..................................................................................................... $2913.68
Appendix C – Compatibility Determination

C-34 Petit Manan National Wildlife Refuge Complex

*FY 2002 Refuge Budget Allocation included:

Salaries ............................................................................................................. $471,700

Fixed Costs ........................................................................................................ $ 38,300

Annual Maintenance ............................................................................................ $16,800

Total Available Funds ........................................................................................ $526,800

Based on a review of the budget allocated for recreational use management, I certify that funding is

adequate to ensure compatibility and to administer and manage the recreational use listed.

Anticipated Impacts of Use:

Hunting is consistent with the purposes of the Refuge when carried out within established regulations

and is a priority uses identified in the Refuge Improvement Act. Island visitation is expected to be

minimal and anticipated uses and impacts should also be minimal provided that access is limited to

outside the seabird nesting season. Petit Manan NWR does not anticipate significant hunting pressure

to occur on Refuge lands as a result of opening these areas (islands and mainland units) to hunting

due to the availability of private lands open to hunting outside the Refuge (USDI-Petit Manan NWR

2001).

Adverse effects on wildlife (waterfowl) populations are not expected to occur because of the hunting

regulations and bag limits that have been set in place by the Federal (USFWS-Migratory Bird Office)

and State (Dept. Of Inland Fisheries and Wildlife) agencies that manage the harvest of waterfowl

populations. Significant conservation measures and extensive pre and post season population monitoring and the institution of Adaptive Harvest Management are safeguards inherent in waterfowl management. Adverse effects on other game species are not expected to occur because hunting will occur

under State regulations. The State Dept. Of Inland Fisheries and Wildlife sets harvest limits that takes

into account game species population data collected by State biologists and wildlife species assessments.

Public Review and Comment:

A draft EA for public hunting on Petit Manan NWR was prepared and distributed to meet NEPA

compliance. A news release was published in the Downeast Coastal Press and Ellsworth American

providing information on availability of the EA. Copies were made available at the Refuge office and

at other locations in all towns affected by the proposed action. Copies were also sent to State agencies

and to Refuge neighbors. The EA document was available for a 30 day comment period.

Determination (Check one below):

____ Use is Not Compatible

_X_ Use is Compatible With the Following Stipulations

Stipulations Necessary to Ensure Compatibility:

Access for hunting will occur during the State hunting season (October-January) which is outside the

window of the seabird and eagle nesting season. State hunting regulations, including bag limits will

be in place. In addition, Refuge specific regulations will be in place to minimize conflicts with other
Public Hunting

Draft CCP/EIS - April, 2004 C-35

public uses allowed on the Refuge. Federal regulations under 50CFR will also be in place. This

activity will occur on Refuge mainland units and off-shore islands that have been historically hunted

for many years with no adverse effects to wildlife populations or the landscape. Islands that are

normally hunted are rock ledges or the intertidal rocky ledge portion of islands. Access to hunt within

the intertidal area has already been established through Colonial Ordinance of 1649. No other stipulations are recommended at this time.

Justification:

Hunting is a wildlife dependent priority public use with minimal impact on refuge resources. Hunting

would be conducted under State regulations, thereby reducing the amount of staff time and effort

needed to oversee this activity. Staff time and resources that would be needed will be identified during

annual work planning to minimize impacts on other refuge programs. In addition, hunting is consistent

with the purposes for which the Refuge was established; the Service policy on hunting; the National

Wildlife Refuge System Improvement Act of 1997; and the broad management objectives of the

National Wildlife Refuge System. Hunting is compatible with and will not detract from the mission of

the National Wildlife Refuge System or the objectives of the Refuge. Furthermore, hunting on public

lands in Maine is a popular and traditional recreation activity that is strongly support by the State

Department of Inland Fisheries and Wildlife. This agency strongly supports hunting on National

Wildlife Refuges in Maine.

Signature: Refuge Manager ________________________________________________

(Signature/Date)

Concurrence: Regional Chief: ______________________________________________

(Signature/Date)

Mandatory 15-Year Re-Evaluation Date: ______________________________________

Literature Cited

State of Maine Bureau of Public Lands (no date). State Statutes, Title 12 (revised). Bureau of Public

Lands, Augusta.

USDI-Petit Manan NWR 2001). Final Environmental Assessment for Public Hunting on Petit Manan

National Wildlife Refuge. Refuge files. 14 pp.

USDI-Petit Manan NWR 2001). Hunt Management Plan - Petit Manan National Wildlife Refuge.

Refuge files. 11 pp.
Appendix C – Compatibility Determination

C-36 Petit Manan National Wildlife Refuge Complex

Pre-acquisition Compatibility Determination – Proposed Island Addition to Petit Manan

National Wildlife Refuge Complex

Public Hunting - Pre-acquisition

Establishing/Acquisition Authority:

Authorized through an Act Authorizing the Transfer of Certain Real Property for Wildlife, or other

purposes. The establishing and acquistion authorities are:

1. 16 U.S.C. 667b, Public Law 80-537, An Act Authorizing the Transfer of Certain Real Property

for Wildlife, or other Purposes; and,

2. 16 U.S.C 715-715r, The Migratory Bird Conservation Act, as amended and Established under the

authority of the Migratory Bird Conservation Act, as amended.

Refuge Purposes:

1. “...for use as an inviolate sanctuary, or for any other management purpose, for migratory birds.”

16 U.S.C. 715d (Migratory Bird Conservation Act).

2. “... suitable for - (1) incidental fish and wildlife-oriented recreational development, (2) the

protection of natural resources, (3) the conservation of endangered species or threatened species

...” 16 U.S.C. 460k-1 (Refuge Recreation Act).

3. “...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).

4. “... the conservation of the wetlands of the Nation in order to maintain the public benefits they

provide and to help fulfill international obligations contained in various migratory bird treaties

and conventions ...” 16 U.S.C. 3901(b), 100 Stat. 3583 (Emergency Wetlands Resources Act of

1986).

National Wildlife Refuge System Mission:

The mission of the National Wildlife Refuge System is to administer a national network of lands and

waters for the conservation, management, and where appropriate, restoration of the fish, wildlife, and

plant resources and their habitats in the United States for the benefit of present and future generations

of Americans.

Description of Use:

Hunting is a popular traditional sport in Maine that occurs on many off-shore islands and ledges.

Island hunting focuses on seabirds, such as eiders, scoters, and old squaw. Geese, brant, and other

waterfowl such as black ducks are also taken on coastal islands. Hunting on lands acquired by the

Refuge would occur during the State waterfowl hunting season and would be conducted under State

regulations. In Maine, sea duck hunting takes place from October 1 through January 19. Hunting

takes place in the intertidal areas around islands and on ledges associated with many islands and
Public Hunting – Pre-acquisition

Draft CCP/EIS - April, 2004 C-37

normally does not occur on the island proper. This type of hunting entails concealment in rocky areas,

sometimes using driftwood for blind construction. Decoy sets are placed just off shore. Many hunters

use State registered guides for transportation and equipment use. This use is being proposed to accommodate hunting on islands that may be acquired under the Comprehensive Conservation Plan.

During the life of the plan (15 years) 90 islands spanning the coast of Maine may be acquired from

willing sellers. The names and locations of prospective acquisitions are identified in the Comprehensive Conservation Plan. Many of these islands have been historically hunted and are currently hunted.

Also, hunting is one of the priority uses outlined by Congress in the Refuge Improvement Act of

1997.

Most islands that are being considered for acquisition under the proposed action of the CCP are small

to medium sized, ranging from only a few to 250 acres in size. Some islands, however, may be larger,

exceeding 400 acres in size. Island habitats range from bare rocky outcrops to grassy with mixed

shrubs. Most islands exhibit shallow soils overlying granitic bedrock. Forested islands are usually

dominated by red spruce and balsam fir. Others may have mixed hardwood associates such as yellow

birch, white birch, red maple, and stripped maple. All islands identified for acquisition/protection are

in the Refuge database (updated annually) and listed as Nationally Significant Nesting Islands.

Service acquisitions of coastal lands in Maine extend to the mean low tidal mark, thus, they normally

encompass intertidal lands that lie between the high and low tidal ranges. These intertidal lands are

considered Public Trust Lands of the people of Maine, and as such, certain rights (fishing, fowling,

and navigation) are held in common by the people of Maine. The Legislature of Maine states that

these rights held in public trust are generally derived from English Common Law and from the Massachusetts Colonial Ordinance of 1641-1647 (State of Maine Bureau of Public Lands). These recreational uses held in trust are among the most important to the people of Maine today . The Service

recognizes these rights and, unless there is evidence that such uses detract from the Service's mission

to protect these lands, will allow such uses. Thus, hunting would be proposed under Service acquisition of Nationally Significant Nesting Islands and would occur outside the seabird nesting season

(April 1 to August 31) or eagle nesting season (February 15 to August 31) or as determined by the

Refuge Manager.

Availability of Resources:

Additional fiscal resources to conduct this activity would be minimal as hunting would occur under

State regulations and not as a Refuge regulated hunting program.. Staff time and resources necessary

to monitor this use are provided below. Staff from the Rockport and Milbridge offices will provide

limited monitoring. The Refuge would also coordinate with State wardens of the Department of

Inland Fisheries and Wildlife and Department of Marine Resources Marine Patrol personnel.

Costs associated with administration of this use include:

Preparation of Annual Hunt Plan (16 staff hrs @ $24.60/hr) ............................. $393.60

Preparation of Refuge Hunting Information/maps (16 staff hrs @ $22.43/hr) .. $358.88

Law Enforcement (40 staff hrs @ $28.61/hr) ................................................... $1144.40

Boat Operation ($50/hr @ 10 hrs) ..................................................................... $500.00

News Releases (8 staff hrs @ $24.60/hr) .......................................................... $196.80

Hunter Orientation Session................................................................................ $320.00

Program Cost .................................................................................................... $2913.68
Appendix C – Compatibility Determination

C-38 Petit Manan National Wildlife Refuge Complex

FY 2002 Refuge Budget Allocation included:

Salaries ...................................................................... $471,700

Fixed Costs ................................................................. $ 38,300

Annual Maintenance .................................................... $16,800

Total Available Funds ................................................ $526,800

Based on a review of the budget allocated for recreational use management, I certify that funding is

adequate to ensure compatibility and to administer and manage the recreational use listed.

Anticipated Impacts of Use:

Hunting is consistent with the purposes of the Refuge when carried out within established regulations

and is a priority uses identified in the Refuge Improvement Act. Island visitation is expected to be

minimal and anticipated uses and impacts should also be minimal provided that access is limited to

outside the seabird nesting season. Petit Manan NWR does not anticipate significant hunting pressure

to occur on Refuge lands as a result of opening these areas to hunting due to the availability of private

lands open to hunting outside the Refuge (USDI-Petit Manan NWR 2001).

Adverse effects on wildlife (waterfowl) populations are not expected to occur because of the hunting

regulations and bag limits that have been set in place by the Federal (USFWS-Migratory Bird Office)

and State (Dept. Of Inland Fisheries and Wildlife) agencies that manage the harvest of waterfowl

populations. Significant conservation measures and extensive pre and post season population monitoring and the institution of Adaptive Harvest Management are safeguards inherent in waterfowl management.

Public Review and Comment:

Four open houses were held as part of the CCP planning process. Information was presented on past

and future refuge acquisitions and priority public uses and the status of management planning, including the approved Refuge EA and Hunting Plan.

Determination (Check one below):

____ Use is Not Compatible

_X_ Use is Compatible with the Following Stipulations

Stipulations Necessary to Ensure Compatibility

Access for hunting will occur during the State hunting season (October-January) which is outside the

window of the seabird nesting season. State hunting regulations, including bag limits will be in place.

This activity will occur on off-shore islands that have been historically hunted for many years with no

adverse effects to wildlife populations or the landscape. Islands that are normally hunted are rock

ledges or the intertidal rocky ledge portion of islands. Access to hunt within the intertidal area has

already been established through Colonial Ordinance. No other stipulations are recommended at this

time.
Public Hunting – Pre-acquisition

Draft CCP/EIS - April, 2004 C-39

Justification:

Hunting is a wildlife dependent priority public use with minimal impact on refuge resources. Hunting

would be conducted under State regulations, thereby reducing the amount of staff time and effort

needed to oversee this activity. Staff time and resources that would be needed will be identified during

annual work planning to minimize impacts on other refuge programs. In addition, hunting is consistent with the purposes for which the Refuge was established; the Service policy on hunting; the

National Wildlife Refuge System Improvement Act of 1997; and the broad management objectives of

the National Wildlife Refuge System. Hunting is compatible with and will not detract from the mission of the National Wildlife Refuge System or the objectives of the Refuge. Furthermore, hunting on

public lands in Maine is a popular and traditional recreation activity that is strongly support by the

State Department of Inland Fisheries and Wildlife. This agency strongly supports hunting on National

Wildlife Refuges in Maine.

Signature: Refuge Manager: ________________________________________________

 (Signature/Date)

Concurrence: Regional Chief: ______________________________________________

(Signature/Date)

Mandatory 15-Year Re-Evaluation Date: ______________________________________

Literature

State of Maine Bureau of Public Lands (no date). State Statutes, Title 12 (revised). Bureau of Public

Lands, Augusta.

USDI-Petit Manan NWR 2001). Final Environmental Assessment for Public Hunting on Petit Manan

National Wildlife Refuge. Refuge files. 14 pp.
Appendix C – Compatibility Determination

C-40 Petit Manan National Wildlife Refuge Complex

Compatibility Determination – Petit Manan National Wildlife Refuge Complex

Recreational Blueberry Picking

Refuge Name: Petit Manan NWR Complex

Establishing and Acquisition Authority(ies): Authorized through an Act Authorizing the Transfer

of Certain Real Property for Wildlife, or other purposes. 16 U.S.C. 667b-667d and Established under

the authority of the Migratory Bird Conservation Act, as amended (16 USC 715-715r).

Refuge Purpose(es):

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

(B) “... suitable for - (1) incidental fish and wildlife-oriented recreational development, (2)

the protection of natural resources, (3) the conservation of endangered species or

threatened species ...” 16 U.S.C. 460k-1 (Refuge Recreation Act)

(C) “...particular value in carrying out the national migratory bird management program.”

16 U.S.C. 667b-667d (An Act Authorizing the Transfer of Certain Real Property for

Wildlife, or other purposes).

(D) “... the conservation of the wetlands of the Nation in order to maintain the public

benefits they provide and to help fulfill international obligations contained in various

migratory bird treaties and conventions ...” 16 U.S.C. 3901(b), 100 Stat. 3583 (Emergency Wetlands Resources Act of 1986).

National Wildlife Refuge System Mission: The mission of the National Wildlife Refuge System is

to administer a national network of lands and waters for the conservation, management, and where

appropriate, restoration of the fish, wildlife, and plant resources and their habitats in the United States

for the benefit of present and future generations of Americans.

Description of Use:

(a) What is the use? Is the use a priority public use? The use is recreational blueberry picking,

which is not a priority public use of the National Wildlife Refuge System.

(b) Where would the use be conducted? Recreational blueberry picking occurs within 31 acres of

blueberry fields on the portion of the refuge known as Petit Manan Point. The fields occur along two

interpretive foot trails and a Refuge maintained road. The road and trails provide safe and easy access

to the fields for those involved in this activty.
Recreational Blueberry Picking

Draft CCP/EIS - April, 2004 C-41

(c) When would the use be conducted? The use is limited to a one month period and occurs annually throughout the month of August.

(d) How would the use be conducted? Individuals seeking blueberries are allowed to enter the

fields and hand pick the fruit for personal consumption. This activity attracts less than fifty people

throughout the entire month of August. Blueberry harvesting is allowed only during daylight hours

and use of rakes is prohibited. The quantity of blueberries that are removed, as a result of this use, is

less than 1% of the total blueberries produced within the five fields which together total 31 acres.

(e) Why is the use being proposed? Recreational blueberry picking is allowed at Petit Manan Point

because it is a traditional use of the area. This use is known to have occurred in the area for hundreds

of years.

Availability of Resources: The resources necessary to provide and administer this use are available

within current and anticipated Refuge budgets. Staff time associated with the administration of this

use is primarily related to answering general questions from the public and monitoring impacts of the

use on refuge resources. This activity is administered by the Refuge staff, who assess the interactions

among user groups and any related public use impacts. Resource impacts will be monitored by the

Wildlife Biologist, under the supervision of the Refuge Manager. The use of the refuge staff to

monitor the impacts of public uses on refuge resources, and visitors is required for administering all

refuge public uses. Therefore, these responsibilities and related equipment are accounted for in budget

and staffing plans.

The annualized costs associated with the administration of recreational berry picking on the Refuge is

estimated below:

Resource impacts/monitoring = $500

Visitor impacts/provide information to public = $500

Vehicle maintenance and miscellaneous supplies = $100

$Total = $1,100

Anticipated Impacts of the Use: No impacts are expected on any threatened or endangered species,

whether Federally listed or State listed species. Providing the opportunity for berry pickers to harvest

blueberries on the refuge provides them with an opportunity to observe wildlife and to view Service

wildlife habitat management projects. There have been no indications that harvesting blueberries on

Petit Manan causes problems for wildlife other than minimal and temporary disturbance caused by

the mere presence of humans.

Public Review and Comment:

This determination is being prepared concurrently with the Comprehensive Conservation Plan (CCP).

The listed use has been discussed at CCP public meetings and has been identified in the CCP Planning Update. Further public comment opportunity will take place concurrently with the public review

and comment period of the draft plan and associated EIS.
Appendix C – Compatibility Determination

C-42 Petit Manan National Wildlife Refuge Complex

Determination Check one below):

_____ Use is Not Compatible

___X__ Use is Compatible

Stipulations Necessary to Ensure Compatibility:

Hand raking of blueberries would not be permitted to ensure that berries are left for wildlife.

Refuge staff will continue to monitor berry pickers and ensure they have an insignificant impact on

wildlife.

Justification:

Recreational harvesting of blueberries within Petit Manan NWR will not materially interfere with or

detract from the mission of the National Wildlife Refuge System or the purposes for which the Refuge was established.

Signature: Refuge Manager:____________________________________

(Signature and Date)

Concurrence: Regional Chief:____________________________________

(Signature and Date)

Mandatory 10-year Re-evaluation Date:_______________________