COMPATIBILITY DETERMINATION

USE: Motorized Boating to Facilitate Priority Public Uses

REFUGE NAME: Missisquoi National Wildlife Refuge

DATE ESTABLISHED: February 4, 1943

ESTABLISHING AUTHORITY: Migratory Bud Conservation Act of 1929

PURPOSE(S) FOR WHICH ESTABLISHED:

The Missisquoi National Wildlife Refuge was established ". . . for use as an inviolate sanctuary, or for any other management purpose, for migratory birds." Migratory Bud Conservation Act 16 U.S.C. 715-7154 7l5f - 7 1 5

MISSION OF TEE NATIONAL WILDLIFE REFUGE SYSTEM:

To administer a national network of lands and waters for the conservation, management, and where appropriate, restoration offish, wildlife, and plant resources and their habitats within 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 proposed use is motorized boating, usually to facilitate travel associated with priority public uses. The National Wildlife Refuge System identifies hunting, fishing, wildlife observation, photography, environmental education, and interpretation as the six priority public uses. Mobbed boating is not a priority public use, but facilitates the priority public uses. This determination does not apply to the use of personal watercraft, a.k.a. jet skis.

@) Where would the use be conducted?

The proposed use would be conducted on Missisquoi National Wildlife Refuge in the Towns of Swanton and Highgate, Franklin County, Vermont. Motorized boating occurs along the Missisquoi River, Dead Creek, and in Lake Champlain where they border or transect the rehge Boating activity in these waterways is under the jurisdiction of the U.S. Coast Guard and has not been determined to be within the management authority of the refuge manager. Motorized boating is not allowed inside refuge impoundment areas. Motorized boating is not allowed in Charcoal Creek south and west of State Route 78 or in Long Marsh Channel, except during the waterfowl hunting season and then only by hunters holding permits to hunt in those controlled hunting areas. Black Creek and Maquam Creek, accessible from refige headquarters, are not open for motorized boating. Any open areas or portions of the refige may be closed to motorized boating seasonally to protect sensitive wildlife areas; usually osprey, black tern or

waterfowl nesting areas. Annual seasonal closures usually occur in Goose Bay, Gander Bay, Metcalfe Pothole, and the Charcoal Creek marshes north of Route 78 (locally known as the Clark Marshes).

(c) When would the use be conducted?

Motorized boating, where allowed, may take place all year long. However, during winter, the river and lake usually freeze which precludes boating. Most motorized boating activity takes place from May through November or until the Missisquoi River freezes.

(d) How would the use be conducted?

Two public boat launching access areas are maintained on the refuge to provide boat access to the Missisquoi River and Missisquoi Bay. The Louie's Landing boat ramp is open to the public all season and the Mac's Bend boat ramp is open fr the Missisquoi River freezes, whichever occurs fist

Boundary signs are placed to keep the public from entering protected areas. Refuge staff and law enforcement personnel monitor the number of boaters seen during patrols, interact with visitors, and patrol the refuge to ensure that users are complying with closed area demarcations. Refuge brochures are available to inform users of boating regulations and to provide other general information.

(e) Why is this use being proposed?

Motorized boating has been and continues to be a popular and traditional activity at Missisquoi Refuge. Normally, visitors engage in this activity to facilitate enjoyment of the priority public uses. Fishing is the most common activity associated with this use, followed closely by hunting. In addition, the majority of the refuge can only be seen by boat or air travel.

AVAILABILITY OF RESOURCES:

St& time for the accommodation of this use would be related to the maintenance of the two refuge public boat launches, the posting of boundary and "area closed" signs, monitoring the possible impacts of motor boating on the Refuge resources and visitors, and providing information to the public about this use. Law enforcement p e r s o ~ e l are also needed to patrol the refuge to ensure that users are complying with area closures and other refuge and state regulations.

Brochures are needed to inform users of regulations and to provide other general refuge information.

ANTICIPATED IMPACTS OF THE USE:

The operation of motorized boats may affect the water clarity in the river and lake. The pr action and wake turbulence associatedwith motorized boats may increase the amount of

sediment particles in the water column. Nutrients stored in the sediments, such as phosphorus, could become available for algal growth. Suspended solids affect the health of fish and the settling of suspended solids can smother the eggs of fish and aquatic insects (Mitchell and Stapp 1995). Boat motors can also add various pollutants to bodies of water including metals and hydrocarbons.

Boat wakes create waves that can initiate or exacerbate shoreline erosion. When operating near shore, propeller turbulence may destabilize the bottom and erode the shoreline as well. The shoreline erosion may S e c t water clarity and interfere with fish use of shallow water habitat.

Plant communities may $e affected directly through contact with the propeller or the boat, or indirectly through water turbidity or wave damage. Boats can also serve as a physical transport mechanism to distribute aquatic invasive species such as the zebra mussel Eurasian water milfoil or water chestnut from an infected body of water or part of the lake to uninfected areas. Introduction of these exotics can displace native species.

Operation of motorized boats within the refbge may disturb the wildlife using those areas. Of particular significance is the observed disruption of osprey nesting success in areas frequented by fishermen on portions of Missisquoi Refuge. The closure of these areas to all public access by the posting of "area closed" signs has resulted in a significant and dramatic increase in osprey nesting success. Likewise, motorized boats have been observed to cause turtle species (Eastern Spiny Softshell, Map, Painted) basking on logs near the mouth of the Missisquoi River to enter the water thereby disrupting their basking activity, which if done with sufficient frequency could impact reproductive success. Observations have also determined that the turtles usually reclaim their basking position within a minute of boat passage.

The operation of personal watercraft or airboats present additional disruptive considerations related to extreme noise and accessibility to areas that are shallow, narrow or otherwise normally inaccessible to other motorized boats. The highly disruptive nature of these boats to nesting, feeding or resting migratory buds make it especially important that the operators of such craft observe refkge boundaries and area closures. To date, airboat use is very infrequent, amounting to one or fewer visits per year. Personal watercraft operation is also relatively infrequent, estimated to be fewer than 10 visits per year. The later occurs only after the water has warmed sufficiently to allow the operator to operate comfortably, normally not until mid-June.

The use of motorized boats is not expected to have a significant impact based on current levels of use and the expectation and observation that visitors are complying with postings and other regulations. Normally, when peak visitor use occurs (generally June through August), aquatic vegetation has grown significantly and lake levels lowered sufficiently to make it difficult or impossible for most visitors to enter closed areas, thereby effectively reducing or eliminating human disturbance impacts on waterfowl or other migratory birds.

PUBLIC REVIEW AND COMMENT:

This draft Compatibility Determination was posted at Refkge Headquarters from August 11 - 25, 2004, inclusive. No comments were received.

DETERMINATION:

THIS USE IS COMPATIBLE -*- THIS USE IS NOT COMPATIBLE - (Check one)

STIPULATIONS NECESSARY TO ENSURE COMPATIBILITY:

This activity is limited to the a r w that are within navigable waters of the rehge such as the river and shoreline of the Missisquoi Bay, or by special use permit, hunting permit, or guided tour to other areas where motorized boating activity is controlled and monitored. Otherwise, boaters are advised that interior marshes and areas posted as such are closed to public entry.

JUSTIFICATION:

Within the limits of management authority, this use has been determined to be compatible at this Refuge. This use is not expected to materially interfere with or detract from the mission of the National Wildlife Rehge System nor diminish the purposes for which the Refuge was established. This use will not substantially interfere with priority public uses of the Rehge nor cause undue administrative burden. Rather, with the possible exception of airboat and personal watercraft use, this use is generally supportive of and facilitates priority uses.

Use by motorized boaters in the spring when waterfowl are initiating nesting is relatively light and does not occur near nest sites that are protected by "area closed" postings. By the summer season, when boating interest increases, the aquatic vegetation has grown and the lake level receded to the point that any trespass into closed areas is very difficult or impossible.

Overall, this use will not diminish the purposes for which the Refuge was established, will not pose significant adverse effects on trust species or other Refuge resources, will not interfere with public use of the Refuge, nor cause an undue administrative burden.

Signature: Rehge Manager: (~ignaturkand ~ a t d )

Concurrence: Regional Chief

MANDATORY 10 YEAR REEVALUATION DATE: (10 years from date of concurrence above)

PUBLIC NOTICE Date of Issue August 11,2004

A draft Compatibility Determination considering the proposal -

Motorized Boating

- is available for public review and comment fiom August 1 1,2004 through August 25,2004 inclusive.

The Proposal: To allow motorized boating in the waters on and around Missisauoi National Wildlife Refuge

How to Get a Copy: Copies of the Compatibility Determination Ire available fiom the Refuge Manager in printed or electronic

Lormat.

Send Comments To: Refuge Manager issisquoi National Wildlife Refugt

7 1 North River Street wanton, VT 05488

- mark sweenv@,fws.gov

1-25,2004 inclusive. Comments must be posted no later th st 25,2004.

UNITED STATES FISH AND WILDLIFE SERVICE

ENVIRONMENTAL ACTION STATEMENT

Within the spirit and intent of the Council on Environmental Quality's regulations for implementing the National Environmental Policy Act (NEF'A) and other statutes, orders, and policies that protect fish and wildlife resources, I have established the following administrative record and have determined that the action of

Motorized Boating at the Missisquoi N a t i o ~ l Wildli$e Refige

X is a Categorical Exclusion as provided by 5 16 DM 2, Appendix 1 and 5 16 DM 6, Appendix 1 -- No further NEPA documentation will therefore be made.

- is found not to have significant environmental effects as determined by the attached Environmental Assessment and Finding of No Significant Impact.

- is found to have significant effects and, therefore, further consideration of this action will require a notice of intent to be published in the Federal Register announcing the decision to prepare an EIS.

- is not approved because of unacceptable environmental damage, or violation of Fish and Wildlife Service mandates, policy, regulations, or procedures.

i s an emergency action within the context of 40 CFR 1506.1 1. Only those actions necessary to control the immediate impacts of the emergency will be taken. Other related actions remain subject to NEPA review.

Signature Approval:

J$?5?/+ 2. Date

4.