refuge name: establishing and acquisition ......figure 1). for desert bighorn sheep hunts, these...

Compatibility Determination for Hunting on Cabeza Prieta National Wildlife Refuge 1

COMPATIBILITY DETERMINATION

USE: Hunting

REFUGE NAME: Cabeza Prieta National Wildlife Refuge (NWR/refuge)

ESTABLISHING AND ACQUISITION AUTHORITIES:

The Cabeza Prieta NWR was established on January 25, 1939 by Executive Order 8038.

REFUGE PURPOSE(S):

1. The refuge was “reserved and set apart for the conservation and development of natural wildlife resources, and for the protection and improvement of public grazing lands and natural forage resources… Provided, however, that all the forage resources in excess of that required to maintain and balanced wildlife population within this range and preserve should be available for livestock…” (Executive Order 8038 January 25, 1939).

2. Enactment of the Arizona Desert Wilderness Act of 1990 designated most of the refuge and wilderness and created the supplemental refuge purpose of wilderness protection, in accordance with the Wilderness Act of 1964.

3. In addition to the original refuge purposes and the additional wilderness purpose created by the Arizona Desert Wilderness Act of 1990, several federal policies, regulations, and laws affect refuge management activities. Preeminent among these is the Endangered Species Act of 1973, which mandates protection and recovery of threatened and endangered species.

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 within the United States for the benefit of present and future generations of Americans” (National Wildlife Refuge Administration Act of 1966, as amended [16 U.S.C 668dd-668ee]).

DESCRIPTION OF USE:

What is the use?

Hunting of desert bighorn sheep is currently allowed on the refuge in accordance with 50 CFR 32.22. This compatibility determination also covers hunting of mule deer, mountain lion, quail (Gambel’s), dove (mourning and Eurasian collared-), rabbit (cottontail, antelope jackrabbit, and black-tailed jackrabbit), and predatory and fur-bearing mammals (coyote, spotted skunk, ringtail, badger, and kit and gray fox).


Where is the use conducted?

The refuge is comprised of two State game management units (GMUs), 46A and 46B, corresponding to Pima and Yuma Counties, respectively (Figure 1). For desert bighorn sheep hunts, these GMUs were further divided into four sub hunt units (46A East, 46A West, 46B East, and 46B West) in 2015 to better disperse hunters. The open hunt area encompasses 852,935 acres. The entire refuge is open to hunting with the exception of ¼-mile no shooting/hunting buffer zones surrounding each of the following sites (Figure 1; affected acreage in parenthesis):

• Sonoran Pronghorn Captive Breeding Pen (1,440 acres) • U.S. Customs and Border Protection (CBP) – Camp Grip (230 acres) • CBP – Boundary Camp Forward Operating Base (156 acres) • Papago Well (370 acres), Tule Well (240 acres), and Christmas Pass (190 acres)

campgrounds The CBP Boundary Camp Forward Operating Base lies within Organ Pipe Cactus National Monument on the boundary of Cabeza Prieta NWR. Therefore, a no shooting/hunting zone extends approximately ¼ mile onto the refuge. These no shooting/hunting zones would prevent endangerment of the endangered Sonoran pronghorn and personnel at the semi-captive breeding facility, prevent endangerment of CBP personnel at their facilities on and adjacent to the refuge (in accordance with A.R.S. 17-309 A 4), and provide a safe zone for visitors at the refuge campsites. The total affected acreage is 2,626 acres.

Access to the refuge’s hunt units is via three public use roads (Charlie Bell Road, Christmas Pass Road, and El Camino del Diablo), the Childs Mountain Road entry, seven entry points on the west and northwest boundary of the refuge accessed through the Barry M. Goldwater Range (BMGR), and five entry points accessed through the Bureau of Land Management (BLM) lands on the east side of the refuge.

When is the use conducted?

Seasons and legal methods of take are specified for each species below (Table 1).


Table 1. Hunts on Cabeza Prieta NWR, including additional hunter requirements. If applicable, the number of tags issued per year is provided in parentheses. Unless otherwise specified, this refers to the total number of tags issued for the refuge. Codes for legal methods of take are given in Table 2. If migratory game birds, including mourning dove, are taken by shotguns shooting shot, the shotgun must be 10-gauge or smaller and capable of holding no more than three shells.

Species Hunt Season Dates Legal Methods of Take

Legal Wildlife Tag/Stamp Required (#)

Desert Bighorn Sheep

31 days in December

CR, CH, MZ, BR, BH, CB, AR, SL, PN

Any ram Permit-tag (~6-12)

Desert Bighorn Sheep

Year-round (365 days)


Any ram Commissioner’s tag (1 issued for southern Arizona)

Mule Deer ~10 days in November


Any antlered deer

Permit-tag (up to 50)

Mule Deer 31 days in January AR Any antlered deer

Over-the-counter nonpermit-tag (unlimited number issued state-wide; expect 0-10 on the refuge)

Mule Deer Year-round (365 days)


Any antlered deer

Commissioner’s tag (1 issued state-wide; start second year of hunt)

Mountain Lion ~281 days from August through May

CR, CH, MZ, BR, BH, CB, AR, SL, SS, PN

Any lion except spotted kittens or females accompanied by spotted kittens

Over-the-counter nonpermit-tag (up to 2 issued for the zone including the refuge)

Gambel’s Quail

~115 days from October to February

CB, AR, HS, SS, PW, SN, HP

Any NA


Species Hunt Season Dates Legal Methods of Take

Legal Wildlife Tag/Stamp Required (#)

Mourning Dove

~44 days in November, December, and January

CB, AR, SS Any AZ Migratory Bird Stamp

Eurasian Collared-Dove


CB, AR, HS, SS, PW, SN, HP

Any NA

Cottontail Rabbit


CR, CH, MZ, BR, BH, CB, AR, HS, SL, MG, MR, SS, PW, SN, HP

Any NA

Antelope and Black-tailed Jackrabbit


CR, CH, MZ, BR, BH, CB, AR, HS, SL, MG, MR, SS, PW, SN, HP

Any NA

Coyote and Spotted Skunk


CR, CH, MZ, BR, BH, CB, AR, HS, SL, MG, MR, SS, PW

Any NA

Bobcat, Ringtail, Badger, and Kit and Gray Fox

~243 days from August through March

CR, CH, MZ, BR, BH, CB, AR, HS, SL, MG, MR, SS, PW

Any NA


Table 2. Codes for legal methods of take in Arizona.

Code Method of Take CR Centerfire Rifle CH Centerfire Handgun MZ Muzzleloading Rifle BR Other Rifle Shooting Black Power or Synthetic Black Powder BH Black Powder Handgun CB Crossbow AR Archery HS Handgun Shooting Shot SL Shotgun Shooting Slugs MG 5 millimeter or .22 Magnum Rimfire MR .17 Magnum and .22 Rimfire SS Shotgun Shooting Shot PN Pre-charged Pneumatics .35 and Larger PW Pneumatic Weapons SN Slingshots HP Hand-held Projectiles

How is the use conducted?

All hunters must obtain a valid Arizona Game and Fish Department (AZGFD) hunting license to hunt on Cabeza Prieta NWR. If hunting desert bighorn sheep, mule deer, or mountain lion, hunters must also obtain a valid hunt tag. If hunting mourning dove, hunters must possess an Arizona migratory bird stamp. All visitors, including hunters, are required to obtain a Barry M. Goldwater Range Entry Permit (Department of Defense form/requirement) for Cabeza Prieta NWR prior to accessing the refuge. This permit is valid from July 1 through June 30. As a condition to obtaining the entry permit, a Hold Harmless Agreement must be agreed to and signed by the applicant. At the boundary kiosks located at all refuge entrances, visitors must complete Self-Clearing Visitor Registration via a modified version of FWS Form 3-2405, providing the date, vehicle make/model, party size, number of days on the refuge, activity, and destination. The perforated stub is removed and placed on the dash or attached to the rear-view mirror, and the Self-Clearing Visitor Registration form is placed in the designated box. At the end of a bighorn sheep or mule deer hunt, hunters must complete a Big Game Harvest Report (a modified version of FWS Form 3-2359) available online, at the refuge visitor center, and in bighorn sheep hunt SUP packets. The completed Form 3-2359 may be submitted online or delivered to the refuge visitor center. Because bighorn sheep hunters may use access routes not open to the public, all bighorn sheep hunters must also obtain a SUP. Use of stock animals by any hunter requires a SUP. Depending on the species hunted, the license requirements and permit selection process would vary among species as described below.

The Cabeza Prieta NWR, in cooperation with the AZGFD, manages hunting for desert bighorn sheep through AZGFD hunt permit-tags and refuge special use permits (SUPs). Tag limits are


based on the results of triennial surveys, hunt harvesting data, and annual coordination between AZGFD and the refuge.

Hunters are allowed to take any in-season species with any legal method of take for which a tag (nonpermit or permit) is not required, even when hunting for a different species requiring a tag. Scouting would be allowed year-round. Bag limits are consistent with State regulations. No night hunting would be permitted on the refuge due to concerns with border security operations. No wheeled carts would be allowed in designated Wilderness. The use of dogs for hunting would be prohibited for any legal take of game except pointing and retrieving of quail and retrieving of dove. At the boundary kiosks located at all refuge entrances, visitors would need to complete Self-Clearing Visitor Registration via a modified version of FWS Form 3-2405, providing the date, vehicle make/model, party size, number of days on the refuge, activity, and destination. The perforated stub would be removed and placed on the dash or attached to the rear-view mirror, and the Self-Clearing Visitor Registration form would be placed in the designated box. At the end of a bighorn sheep or mule deer hunt, hunters would need to complete a Big Game Harvest Report (a modified version of FWS Form 3-2359) available online, at the refuge visitor center, and in bighorn sheep hunt SUP packets. The completed Form 3-2359 can be submitted online or delivered to the refuge visitor center.

Why is the use being proposed?

Hunting is one of the six priority wildlife-dependent recreational uses of the National Wildlife Refuge System (Refuge System), as identified in the National Wildlife Refuge System Improvement Act of 1997, and it helps accomplish the goals and objectives of the refuge and promotes appreciation and support for the Refuge System mission.

Secretary of the Interior Order 3356 continues the U.S. Department of the Interior's (Department’s) efforts to enhance conservation stewardship; increase outdoor recreation opportunities for all Americans, including opportunities to hunt and fish; and improve the management of game species and their habitats for this generation and beyond. It directs several components of the Department to assess past and ongoing implementation of the recommendations set forth in Executive Order 13443, "Facilitation of Hunting Heritage and Wildlife Conservation," to inform how best to enhance and expand public access to lands and waters administered by the Department-lands and waters owned by all Americans-for hunting, fishing, recreational shooting, and other forms of outdoor recreation.

Secretary of the Interior Order 3366 mandates all Bureaus to ensure public lands and waters under the management and administration of the Department are open and accessible for recreational pursuits by all Americans and visitors to the United States.

Therefore, it is a priority of the U.S. Fish and Wildlife Service (Service) to provide for wildlife-dependent recreation opportunities, including hunting and fishing, when those opportunities are compatible with the purposes for which the refuge was established and the mission of the NWRS.


Hunting aligns with the four goals and guiding principles of the refuge’s combined Comprehensive Conservation Plan, Wilderness Stewardship Plan and Environmental Impact Statement (CCP):

1. “Protect, maintain, enhance, and/or restore the diversity and abundance of wildlife species and ecological communities of the Sonoran desert represented at Cabeza Prieta NWR.”

2. “Protect and conserve refuge wilderness employing strategies of wildlife and plant conservation that will conserve, maintain, and where possible, restore the wilderness character of Cabeza Prieta NWR.”

3. “Provide visitors with compatible, high quality wildlife-dependent recreational and educational experiences designed to foster better appreciation, understanding, and protection of the plant, animal and wilderness resources.”

4. “Protect, maintain, and interpret cultural and historic resources on Cabeza Prieta NWR, in cooperation with Tribal governments and the State of Arizona to benefit present and future generations” (USFWS 2007).

The fifth objective of the third goal is to “[w]ithin ten years of plan adoption, develop a revised hunt program for implementation as conditions warrant” (USFWS 2007). The CCP goes on to state that

“… hunting mule deer and predators (primarily coyotes) on the refuge may be determined compatible when the refuge Sonoran pronghorn population has recovered sufficiently to allow hunting within the range of Sonoran pronghorn. Mule deer compete with Sonoran pronghorn for forage and water resources. Managing the refuge mule deer population could thus benefit the pronghorn population.”

AVAILABILITY OF RESOURCES:

Annual administration costs for the Cabeza Prieta NWR Hunt Plan, including salary, law enforcement, and collection and analysis of hunter use data, total approximately $30,000. One-time expenses for brochures and signage total about $5,000. Most hunt and population data are collected by AZGFD. Additional responsibilities can be absorbed by current refuge staff. This includes part-time work by the refuge biological technician to complete SUPs for hunters utilizing the refuge.

ANTICIPATED IMPACTS OF THE USE:

Short- and Long-term Impacts: Although hunting causes direct mortality of hunted species, anticipated harvest in accordance with State and refuge-specific regulations has negligible effects on populations at the local and regional level. Hunting-related human activity has minor, adverse effects on wildlife because it is limited to areas near public access routes and predominantly occurs from October to February when environmental conditions are least stressful to wildlife. When considered in the context of


border-related human activity on the refuge, the effects of hunting-related activity on populations of hunted species is not significant.

Hunting is expected to result in minor, short-term impacts to vegetation, desert pavement, and cryptogamic soil crusts due to trampling in areas where human activity occurs. Temporary negative impacts to air quality from dust and emissions produced by increased vehicle traffic associated with expanded hunting opportunities is minimal. Existing regulations preclude negative effects on water resources. Given the vast size of the refuge, no measureable impacts to the refuge’s wilderness character associated with hunting are expected. Although hunting-related human activity has the potential to affect cultural resources, existing regulations would prohibit the disturbance and collection of these resources on the refuge. Cumulative impacts to vegetation, soils, air quality, water resources, wilderness, and cultural resources due to hunting are thus negligible. Law enforcement patrols are conducted regularly to ensure compliance with regulations.

To minimize the effects of hunting-related human activity on the endangered Sonoran pronghorn, the refuge would provide information to hunters on the legal status of Sonoran pronghorn, establish a no hunting/shooting zone around the semi-captive breeding facility, prohibit the use of dogs other than for the pointing and retrieval of game birds, and allow only the late season dove hunt. Because implementation of the refuge hunt plan over a long duration, even with these mitigation measures, may affect and is likely to adversely affect Sonoran pronghorn, formal Intra-Service section 7 consultation has been initiated.

Some minor adverse impacts on visitor use occur due to conflicts between hunters and other user groups. However, conflicts are minor due to the vastness of the refuge and low density of visitors. The refuge remains open to all other public uses during hunts. Minor beneficial impacts to the socioeconomic environment may occur through expenditures in the local economy by hunters. Due to the low density of visitors on the refuge and limited public access roads, cumulative impacts to climate change are negligible.

The refuge applies adaptive management principles to refuge activities, including hunting. Although impacts due to hunting on the refuge are likely negligible, the refuge has the ability to modify hunting activities to ensure none have significant cumulative impacts to natural or socioeconomic resources, visitor use, or surrounding land uses.

Cumulative Impacts: Border-related human activities, including illegal traffic of Cross Border Violators (CBVs) and associated law enforcement efforts by Federal Wildlife Officers and CBP, occurs on the refuge. Additionally, human activity associated with hunting has the potential to affect Sonoran pronghorn, big game, upland game, and predatory and fur-bearing mammals. However, the remoteness of the refuge and limited public access roads would restrict the extent of hunter-related human activity to areas within several miles of public access roads. When looked at in the context of hunting occurring throughout the state and the current population estimates from AZFGD, the impacts to hunted species and other wildlife by allowing additional hunting


opportunities would be incrementally negligible. Additionally, the refuge would adopt an adaptive management approach towards its hunt program to ensure that the refuge only mitigates for and does not exacerbate impacts on surrounding resources. Please refer to the Environmental Assessment for the Cabeza Prieta NWR Hunt Plan for further information on cumulative impacts.

PUBLIC REVIEW AND COMMENT:

The compatibility determination for bighorn sheep hunting was available for public review and comment associated with the CCP from March 16 to August 15, 2005. Some reviewers were opposed to bighorn sheep hunting on the refuge, while others requested additional hunts and fewer restrictions on access for hunting. This draft compatibility determination will be available for public review for 30 days prior to a final determination. A federal notice will be posted in the Ajo Cooper News and at the Ajo Post Office and Public Library. The draft compatibility determination as well as the draft hunt plan will be available at the Cabeza Prieta NWR Visitor Center and on the refuge’s webpage.

DETERMINATION (CHECK ONE BELOW):

___ Use is not compatible

_X_ Use is compatible with following stipulations

STIPULATIONS NECESSARY TO ENSURE COMPATIBILITY:

To ensure the refuge hunt program does not negatively affect the mule deer population, AZGFD will conduct biennial aerial surveys and adjust the number of permit-tags issued accordingly. The AZGFD will continue to monitor the refuge bighorn sheep population by performing triennial surveys. The refuge will continue to monitor the endangered population of Sonoran pronghorn in the U.S. through ongoing biennial range-wide aerial surveys conducted by AZGFD. Cabeza Prieta NWR will meet with representatives from AZGFD annually prior to establishing hunt permit-tag numbers for the desert bighorn sheep and mule deer hunts. During this same meeting, the agencies will discuss the status of other hunts to ensure that other species (hunted and not hunted) and their habitats are not being negatively affected by hunting. To minimize negative impacts and meet management goals, particularly recovery goals for Sonoran pronghorn, the Service and AZGFD will implement adaptive management actions, restrict tag numbers and access, and/or employ other strategies as deemed appropriate. Law enforcement officers will ensure compliance with refuge and State regulations for the protection of refuge resources and the safety of participants and the public. Other stipulations include:

1. No night hunting would be permitted on the refuge due to safety concerns associated with border security operations.

2. Mule deer hunters would be provided with educational materials to prevent accidental take of Sonoran pronghorn.


3. Dove hunting would be restricted to the late season hunt to minimize the potential negative effects of human activity on the use of waters by wildlife species, particularly the Sonoran pronghorn.

4. No wheeled carts would be allowed in designated Wilderness.

5. The use of dogs for hunting would be prohibited except the pointing and retrieval of quail and retrieval of dove to reduce potential impacts on non-target species (e.g., Sonoran pronghorn, desert bighorn sheep).

6. The no shooting/hunting zone around the Sonoran pronghorn semi-captive breeding facility would prevent endangerment of Sonoran pronghorn and their caretakers in and near the facility. The zone would also minimize the negative effects of hunting-related human activity on captive Sonoran pronghorn.

7. The no shooting/hunting zones around refuge campsites would help mitigate public safety concerns due to additional hunting on the refuge.

8. The no shooting/hunting zones around the CBP facilities would prevent endangerment of CBP personnel.

9. All hunters will be required to follow Leave No Trace ethics.

10. No cultural or natural resources other than legally taken wildlife would be permitted to be disturbed or collected.

11. Target shooting or the discharge of a weapon would continue to be strictly prohibited except for legal take of wildlife.

12. Humans and stock would be prohibited from consuming water from any wildlife waters.

13. All vehicles (including motorcycles and all-terrain vehicles) would be required to stay on public access roads.

JUSTIFICATION:

Hunting is a priority public use for the Refuge System as outlined in the National Wildlife Refuge System Improvement Act of 1997. By allowing this use on Cabeza Prieta NWR, we will be providing renewable resources for the benefit of the American public, while conserving wildlife and plant resources on these lands. Hunting also benefits the refuge by increasing visitor’s knowledge and appreciation of fish and wildlife, and their habitats on the refuge, and increased public stewardship will support and complement the refuge’s actions in achieving its purposes and the mission of the Refuge System.

Therefore, we have determined that hunting on Cabeza Prieta NWR, in accordance with the stipulations provided above, will not materially interfere with or detract from the fulfillment of the Refuge System mission or the purposes of the refuge. Hunting, as proposed, will be


managed to minimize conflicts with other compatible recreational uses and refuge programs. The refuge will monitor hunter use, compliance with rules and regulations, and any impacts to native wildlife populations and habitats. This information will be used to adjust this hunt program as necessary to protect refuge resources.

Signature: Refuge Manager ___________________________

(Signature and Date)

Concurrence: Regional Chief ___________________________

(Signature and Date)

Mandatory 15-year Re-Evaluation Date: 2035


LITERATURE CITED

Horne JS, Hervert JJ, Woodruff SP, Mills LS. 2016. Evaluating the benefit of captive breeding and reintroductions to endangered Sonoran pronghorn. Biol Conserv. 196:133–146. doi:10.1016/j.biocon.2016.02.005.

USFWS. 2007. Cabeza Prieta National Wildlife Refuge Comprehensive Conservation Plan, Wilderness Stewardship Plan and Environmental Impact Statement. Albuquerque, NM: U.S. Fish & Wildlife Service. https://www.fws.gov/uploadedFiles/CPNWREIS.pdf.

USFWS. 2016. Recovery plan for the Sonoran pronghorn pronghorn (Antilocapra americana sonoriensis), Second Revision. Albuquerque, NM: U.S. Fish & Wildlife Service.


FIGURES

Figure 1. Cabeza Prieta NWR boundary, designated wilderness, no hunting/shooting zones, and State GMUs.

refuge name: establishing and acquisition ......figure 1). for desert bighorn sheep hunts, these...

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