Malheur National Wildlife Refuge Record of Decision 

U.S Department of the Interior, Fish and Wildlife Service 

Record of Decision
 

for the
 

Malheur National Wildlife Refuge
 

Final Comprehensive Conservation Plan and Environmental Impact Statement
 

Harney County, Oregon
 

Through this Record of Decision (ROD), the U.S. Fish and Wildlife Service (Service) selects the 

Comprehensive Conservation Plan (CCP) for the Malheur National Wildlife Refuge (Refuge). This 

ROD includes brief summaries of the alternatives we considered in the Final CCP and environmental 

impact statement (EIS), the public involvement process, and our rationale for selecting Alternative 2 

for management of the Refuge. The CCP will provide guidance for managing and conserving the 

Refuge's natural resources and public use activities during the next 15 years. 

Public Involvement 

We initiated the CCP process in February 2008 by announcing our intention to complete a CCPIEIS. 

Recognizing the complexity of challenges on the Refuge, we worked with the High Desert 

Partnership (HDP), and Oregon Consensus (OC), to engage diverse stakeholders in a transparent, 

collaborative, and constructive planning process. The HOP is a nonprofit organization focused on 

creating collaborative forums to enable people to discuss complex and controversial issues and arrive 

at points of agreement. The OC is a State agency affiliated with Portland State University; it 

provides conflict assessment and neutral facilitation services. 

Public engagement through the collaborative process was structured on three tenets, commitment, 

honesty, and communication. By working with the HOP and OC, collaboration efforts were 

enhanced between the Refuge, local and conservation communities, scientists, elected officials, the 

Bums Paiute Tribe and many other stakeholders throughout the planning process. The number of 

interactions was extensive and included: 

• 12 collaborator group meetings. 

• 45 Conservation and Community Organization meetings. 

• 21 meetings with County, State and Federal elected officials. 

• 4 Tribal meetings. 

• 48 agency and academia meetings. 

• 6 open houses. 

• 18 listening posts. 

• 5 workshops/field reviews. 

• Hundreds of discussions with individual stakeholders. 

• 4 planning updates. 

• 3 Federal Register notices. 

• Multiple local and regional media releases (press and radio). 

• A 60-day public comment period for the Draft CCPIEIS. 

The public comment process for the Draft CCPIEIS provided an opportunity for further collaborative 

refinement of the document. The Final CCP includes changes in the inventory and monitoring 

process, and identifies implementation of wet meadows studies as a "very high" priority. 

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Malheur National Wildlife Refuge Record of Decision 

Pretreatment wildlife inventories will be completed, before any warm/growing season habitat 

treatments occur. We will document and develop a comprehensive account of all habitat treatments 

throughout the life of the CCP. The effectiveness of the habitat treatments will be monitored in 

coordination with the Ecology Work Group and collaborators, and development of a comprehensive 

inventory and monitoring plan is now a top priority. The habitat management language regarding the 

60 percent to 40 percent ratio of treated to untreated habit (60% treated to 40% untreated), was 

clarified as only a starting point that will be adjusted through time based on site specific science. 

Alternative 2 now reflects our commitment to establishing a set of priority questions and objectives 

which will create the scientific foundation for developing an integrated riverine and wetland strategy. 

The majority of comments we received during the comment period for the Draft CCPIEIS were in 

support of the collaborative process. The collaborative process encouraged participating 

stakeholders to take ownership in the creation of the CCP, and fostered a desire to continue working 

together during CCP implementation. The Final CCP now reflects continuation of the collaborative 

process through the life of the CCP, as we work together to achieve the vision for the Refuge. 

Alternatives Considered 

In the Draft CCP/EIS three alternatives were evaluated for the Refuge, including a no-action 

alternative (Alternative 1) as required under the Council on Environmental Quality's regulations (40 

Code of Federal Regulations [CFR] 1500-1508). Summaries of the alternatives follow. 

Alternative 1. Under Alternative 1, the no-action alternative, we would assume no change from 

current management. This alternative is considered the base from which to compare other 

alternatives. Under Alternative 1, management of invasive carp and the water quality in Malheur, 

Harney, and Mud Lakes would remain limited. Fish screens and ladders, water diversion dams, and 

carp barriers would remain, and riparian rehabilitation would continue. Habitat management in 

meadows, marshes, streams, and uplands would continue for waterbirds, shorebirds, and waterfowl. 

Flood irrigation would occur on meadows. Prescribed burning, haying, and rake-bunch grazing 

would reduce plant litter, and some meadows would be hayed or grazed annually. Wildlife 

observation, photography, interpretation, environmental education, hunting, and fishing would 

continue using existing facilities. Cultural resources would be preserved, restored, and interpreted. 

Alternative 2. Under Alternative 2, our preferred alternative, fish and wildlife, habitat, and public 

use management will advance through key actions. Improving the aquatic health of Refuge lakes and 

wetlands will be the highest ecological priority, including reducing invasive carp in Malheur, 

Harney, and Mud Lakes. An integrated riverine/wetland rehabilitation plan will be developed. 

Prescriptive grazing, haying, rest, and farming will be used to manage terrestrial habitat for focal 

species. Terrestrial habitat responses to treatments will be monitored through a collaborative 

adaptive management structure. Visitor facilities and wildlife-dependent recreation will be upgraded 

or developed. Interpretation activities will be enhanced at physical sites and through social media. 

Accessibility for visitors with mobility-impairments will improve. Vehicle access will increase on 

the Boat Landing and East Canal Roads. Visitors will also be able to drive to Krumbo Reservoir 

year-round. Current hunt areas will remain open, the upland game hunt will open earlier, and 

additional areas at Malheur Lake and the Buena Vista Unit will open to waterfowl hunting. A new 

boat launch on Malheur Lake will be developed with seasonal access. Fishing opportunities at 

Krumbo Reservoir, BUtzen River, East Canal, Mud Creek, and Bridge Creek will continue with 

improved access. A new seasonal bank fishing opportunity will open near Refuge Headquarters. 

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Malheur National Wildlife Refuge Record of Decision 

The Oregon Department ofFish and Wildlife's triploid rainbow trout stocking program will continue 

at Krumbo Reservoir. A cultural resources management plan, and inventory and monitoring plans 

for focal species will be developed. Implementation of these actions will occur through an ongoing 

collaborative approach. 

Alternative 3. Under Alternative 3, habitat management would be similar to Alternative 2 (Alt. 2); 

except that our emphasis on aquatic health improvement (carp management focus) and 

riverine/wetland rehabilitation would be equal. Other wetlands and habitat management would be 

the same as Alt. 2. Wildlife viewing, photography, education and interpretation would be similar to 

Alt. 2, with fewer facilities and more self-guided and off-trail experiences. The Blitzen Valley auto 

tour route would be closed to vehicles seasonally, and redesigned into shorter year-round routes. 

Free-roam, walk-in access along Center Patrol Road would be allowed seasonally, as would vehicle 

and walk-in access to Krumbo Reservoir. Vehicle access via Boat Landing Road to the Malheur 

Lake viewing platform would be open year-round. Temporary photography blinds would be 

permitted in free-roam areas. Waterfowl and game hunts would be similar to Alt. 2, except the 

Buena Vista waterfowl hunt would not occur. We would consider opening a youth hunt on the 

Double-O Unit. Fishing would be similar to Alt. 2, with less vehicle access. Other visitor and 

cultural resources management would be the same as Alt. 2. Implementation of these actions would 

occur through an ongoing collaborative approach. 

Environmentally Preferable Alternative 

The definition of "environmentally preferable alternative" (40 CFR 1505.2(b» is different from that 

of the preferred alternative. The environmentally preferred alternative generally causes the least 

damage to the environment and best protects natural and cultural resources. For this CCPIEIS, 

Alternative 2, our preferred alternative, is also the environmentally preferable alternative. Under 

Alternative 2, wildlife and habitat management actions will be conducted as follows. 

•	 Aquatic health will be a priority, and we will focus our efforts on actions having the greatest 

ecological benefit. 

•	 Scientific studies will be advanced to obtain necessary life history information for common 

carp in and around the Refuge. 

•	 Based on life history and other sources of information, sustainable strategies will be
 

implemented to control carp populations at a level that allows ecological processes to
 

function properly.
 

•	 An integrated riverine/wetland plan will be developed through assessments of the hydrologic, 

geomorphic, and biologic features associated with target riverine systems and wetlands. 

•	 Based on an integrated riverine/wetland plan and successful carp management, we will 

conduct riverine pilot projects, to evaluate biological and physical responses to management 

actions. 

•	 Beginning with wet meadows and submergent aquatics, a State and Transition Model (STM) 

will be developed for all habitat types based on data collected on the Refuge. 

•	 Scientific experts in plant community modeling and associated ecological processes will 

form the Ecology Work Group with a focus on STM development. The Group will provide 

recommendations to the Refuge and collaborators for annual adjustments to the STM and 

associated habitat management strategies based on continuous inventory and monitoring. 

The Refuge will implement the CCP with engaged collaborators. New information, 

successes, and failures will be shared, to create solutions to complex challenges. 

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Malheur National Wildlife Refuge Record of Decision 

•	 Wildlife inventory and monitoring objectives, protocols, and data will be managed and stored 

using advanced electronic formats. 

Decision 

The Service has selected Alternative 2, as it is described in the Final CCP/EIS, for implementation on 

the Refuge. Alternative 2 is the most effective alternative for addressing the key issues identified 

during the planning process; it will best achieve the purposes and goals of the Refuge, and the goals 

of the National Wildlife Refuge System (Refuge System). Implementation of the CCP will occur 

over the next 15 years. Interested and affected parties are being notified of our decision. 

Factors Considered in Making the Decision 

In reaching our decision to implement Alternative 2, we identified and analyzed its impacts to the 

Refuge environment in Chapter 6 of the Draft and Final CCPIEIS. Issues, concerns, and 

opportunities presented by collaborators, organizations, agencies, individuals, and all other 

stakeholders throughout the planning process were also considered. Other relevant factors include 

achieving the purposes for which the Refuge was established, and complying with statutory and 

regulatory guidance. 

Alternative 2 was selected for implementation for the following reasons. 

•	 Alternative 2 will best achieve the Refuge's purposes and fulfill the Service's mission; the 

alternative is consistent with the principles of sound wildlife management and will facilitate 

priority public uses that are compatible with the purposes of the Refuge. 

•	 The single most important issue to address is improving the Refuge's aquatic ecosystems that 

are impacted by common carp. Through management of carp populations, the ecological 

function of Malheur Lake and other Refuge lakes and wetlands can be enhanced. Improving 

the aquatic systems will provide benefits to migratory birds at the Refuge and flyway scales. 

•	 Under Alternative 2 the Refuge will manage terrestrial habitats to support the various life 

stages of focal species. A comprehensive inventory and monitoring program carried out in 

collaboration with the Ecology Work Group will focus on maintaining desirable habitats and 

rehabilitating/restoring degraded habitats. A broad range of management tools will be 

available, including prescribed fire, haying, grazing, idling, and water management. Habitat 

responses to management tools will be evaluated annually, through a collaborative adaptive 

management approach, to ensure that the Refuge's vision, purposes, and goals are achieved. 

•	 We will conduct a strategic riverine assessment; it will provide a greater understanding of the 

impacts on adjacent floodplain habitats and enable us to develop site specific knowledge of 

how riverine, wet meadow, and marsh communities would respond to hydrologic system 

changes. We wil1 also utilize a science-based process to determine existing biological 

conditions and site capability, and to inform our river management decisions. 

•	 Implementing this alternative will provide for a more developed and structured visitor 

experience, with additional opportunities for our six priority public uses-hunting, fishing, 

wildlife observation, photography, environmental education, and interpretation. These 

programs will provide quality experiences for our visitors while providing sufficient 

protection for wildlife and their habitats. 

•	 This management approach will prove to be effective for inventorying, protecting, and 

enhancing (where appropriate) the Refuge's cultural and historic resources. 

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Malheur National Wildlife Refuge Record of Decision 

Alternative 1 was not selected as the preferred alternative for the following reasons: 

•	 Under Alternative 1, we would continue to manage carp using existing strategies, which have 

not controlled the carp population to a level that would enable us to restore and sustain the 

proper ecological functions of Refuge lakes and wetlands. 

•	 Under Alternative 1, habitat management would continue with limited assistance from 

collaborating ecologists. Habitat management strategies would not be based on a Refuge 

inventory and monitoring system that feeds a collaborative adaptive management decision 

making process. Due to the lack of information, there would be limited opportunity to 

restore plant communities that have crossed ecological thresholds. 

•	 Efforts to address river functionality would be limited to existing strategies, without a 

comprehensive approach to incorporate biological conditions and site capability. 

•	 The public use focus of Alternative 1 is on maintaining existing opportunities, interpretation, 

and educational materials. Historical and cultural resources would continue to be protected 

and maintained through partnerships. 

Alternative 3 was not selected as the preferred alternative because managing aquatic health/carp, 

and implementing a comprehensive river/wetland strategic plan, would be equal in priority. Full 

research, planning and implementation of a river/wetland plan would significantly detract from 

available resources, and decrease the potential success of aquatic health/carp management actions. 

The visitor experience would also be less structured and developed. 

Measures to Minimize Environmental Harm 

All practicable measures to avoid or minimize environmental harm that could result from 

implementing Alternative 2 have been identified and incorporated into the Final CCPIEIS at Chapter 

2 (Alternatives, Goals, Objectives, and Strategies), Chapter 6 (Environmental Effects), and Appendix 

B (Compatibility Determinations). The stipulations identified in the compatibility determinations 

ensure that public uses and other uses are compatible with the Refuge System mission and the 

Refuge'S purposes. The stipulations and other mitigation measures identified in Alternative 2 and 

Appendix B, are adopted by the Service in this ROD, and will be implemented by Refuge staff 

members, collaborators, volunteers, and other stakeholders. 

Findings Required by Other Laws and Executive Orders 

The proposed action complies with all federal laws and executive orders related to the CCP 

planning process. A compliance statement has been completed, which explains how the selected 

alternative complies with the requirements of the National Wildlife Refuge System 

Administration Act, as amended, (16 U.S. Code [U.S.C.] 688dd-688ee); the National 

Environmental Policy Act (42 U.S.C. 4321 et seq.); the Endangered Species Act (16 U.S.C. 

1531-1544,87 Stat. 884); the National Historic Preservation Act (16 U.S.c. 470-470b, 470c470n); the Wilderness Act (16 U.S.C. 1131-1136); the Architectural Barriers Act, as amended, 

(42 U.S.C. 4151 et seq.); Executive Order 11988, Floodplain Management; Executive Order 

11990, Protection of Wetlands; Executive Order 12372, Intergovernmental Review; Executive 

Order 13186, Protection of Migratory Birds; Executive Order 12898, Environmental Justice; and 

Executive Order 13175, Consultation and Coordination with Indian Tribal Governments. 

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Malheur National Wildlife Refuge Record ofDecision 

For Further Information 

Questions about the CCP and ROD may be directed to Tim Bodeen, Project Leader, Malheur 

National Wildlife Refuge, 36391 Sodhouse Lane, Princeton, Oregon 97721, phone number (541) 

493-2612, fax number (541) 493-2405, and e-mail Tim Bodeen@fws.gov. 

Supporting References 

u.s. Fish and Wildlife Service. 2012. Malheur National Wildlife Refuge Draft Comprehensive 

Conservation Plan and Environmental Impact Statement. U.S. Fish and Wildlife Service, 

Malheur National Wildlife Refuge, Princeton, OR. 

U.S. Fish and Wildlife Service. 2012.	 Malheur National Wildlife Refuge Final Comprehensive 

Conservation Plan and Environmental Impact Statement. U.S. Fish and Wildlife Service, 

Malheur National Wildlife Refuge, Princeton, OR. 

Note: This ROD and supporting references are available for public review at the Malheur National 

Wildlife Refuge, 36391 Sodhouse Lane, Princeton, Oregon 97721, and the U.S. Fish and Wildlife 

Service, Division of Planning, Visitor Services, and Transportation, 911 NE lIth Avenue, Portland, 

Oregon 97232. These documents can be found on the internet at http://www.fws.gov/malheur/. 

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