Deplorable State Agency Response to Proposed Federal Refuge Regulation Changes

This is the response by the Nebraska Game and Parks Commission to management regulations changes proposed by the U.S. Fish and Wildlife Service for national wildlife refuges, primarily in the sandhills of Nebraska. Comments prepared by James E. Ducey of Valentine on June 17, 2020.

June 5, 2020 dated response signed by Tim McCoy, deputy director of NGPC as provided to the federal service and personally obtained via an email request to the state agency.

“To whom it may concern,

“The Nebraska Game and Parks Commission (Commission) is pleased to support the additional hunting and fishing opportunities that will be available to our constituents on our beautiful National Wildlife Refuges in Nebraska. We are strongly supportive of the proposed changes for hunting and fishing opportunities on Crescent Lake, North Platte, John and Louise Seier, Valentine and Fort Niobrara National Wildlife Refuges.

“We are very pleased to see expansion of youth seasons where appropriate, and the addition of some “youth only” opportunities as well. We also are very supportive of the refuge regulation changes that align with Nebraska hunting and fishing regulations. These changes will simplify regulations on the hunting and fishing public by making them simpler and more consistent across refuges and other federal and state public lands. We also appreciate the opportunity to provide input and suggestions on potential and proposed changes, and are very pleased with the results of those communications with our valued federal partners that manage the refuges.

“Hunting and fishing are important to Nebraskans and also are a big part of our tourism industry. The changes proposed will add opportunities for hunting and angling on refuges that will be enjoyed by resident and non-resident constituents shared by the Commission and our federal partners. The National Wildlife Refuges in Nebraska, where only 3% of the land is publicly owned, are absolute treasures to our constituents. We applaud the U.S Fish and Wildlife Service for considerations to open up more public hunting and fishing while also simplifying regulations and aligning them with ours. These changes will help us protect the time-honored traditions of hunting and fishing enjoyed by so many of our residents, and without harming the original intent of the refuges.

“President Theodore Roosevelt, a great hunter and passionate conservationist, is credited with starting the National Wildlife Refuge system in 1903. He saw a need to protect wild places, with high-quality habitats and abundant wildlife populations, for the benefit and enjoyment of the public. However, he also was a proponent of wise and regulated use of our natural resources, including our game species. We believe Mr. Roosevelt would be pleased with these proposed changes, and would agree that they do not interfere in any way with the statutory purposes of the refuges. Hunting and fishing on these properties will not have negative impacts on the properties, their habitats, bird nesting and reproduction or wildlife populations.

“These proposed changes are in alignment with the mission of the National Wildlife Refuge System (https://www.fws.gov/refuges/about/), which 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.” On the website, the U.S. Fish & Wildlife Service also states the following about the National Wildlife Refuges: “Wildlife conservation drives everything on wildlife refuges, from the purposes for which each refuge was established, to the recreational activities offered, to the resource management tools used.”

“The “North American Model of Conservation” involves users contributing to wildlife management through excise taxes on firearms and ammunition sales through the Wildlife and Sportfish Restoration Program (WSFR). Increased hunting opportunities on our National Wildlife Refuges will help support wildlife management and conservation. As well, these changes will help support Recruitment, Retention and Reactivation (R3) efforts to reduce declining hunter numbers. The Commission has been a leader in R3 efforts in the state and nationally, trying to increase opportunities and improve satisfaction among the hunting and fishing public. We feel strongly that these expanded opportunities on National Wildlife Refuges will provide benefits to “R3”. We also believe the expansion of opportunities for more public use of refuges will increase constituent support for the value of conservation both on refuges and for conservation on private and public lands beyond refuge boundaries.

“The Commission annually produces a “Public Access Atlas” that includes all publicly-available hunting and fishing access opportunities across the state. This includes all seven of Nebraska’s National Wildlife Refuges. When these new changes are approved, the Commission would be more than willing to work with local or regional U.S. Fish and Wildlife Staff to promote them in the Public Access Atlas and provide website links to appropriate information.

“We appreciate the work and effort by the U.S Fish and Wildlife Service and Refuge Staff in bringing forward these hunting and fishing opportunities and aligning regulations for the public. We also look forward to continuing to work with the Service and Refuge staff to explore additional opportunities.”

Comments by Ducey

This letter conveys a deplorable response by a state agency which is responsible for management of all fish and wildlife species in the state for all residents, not just a select group of people that fish and hunt. Instead there is a complete agreement to increase hunting and fishing, obviously so the agency could sell more licenses, in one particular reason.

The agency could not even provide a detailed analysis and review to the proposal, and instead relied on a trite written response to the proposals by the federales. The concept of refuge is wrongly ignored.

For the agency to make a false claim that “We believe Mr. Roosevelt would be pleased with these proposed changes” shows a complete disrespect for the legacy of this man. There is absolutely no reason that such an absurd statement should be made, never, ever!

NGPC wants wild places conserved so hunters can hunt and kill more animals, in my opinion.

And this statement “When these new changes are approved” indicates that the agency is indifferent to any contrary public comments as the regulations will be approved by the USFWS despite notable opposition to the proposed regulatory changes.

As for the agency to support an exploration of “additional opportunities” indicates that the NGPC would like to see how additional taking of fish and wildlife species might occur. This is indicative of the current, ongoing assault on native fish and wildlife – notably wildbirds – being done, most notably by the federal officials.

Wildlife Agency Management Practice Destroys Waterthrush Habitat

Controlled grazing by cattle recently destroyed unique seep habitat used by breeding Louisiana Waterthrush on a state wildlife management area in southeast Nebraska.

During a visit on June 3rd to Rose Creek WMA – east, Shari Schwartz observed that one of three known territories was destroyed as grazing cattle “trampled every inch of the seep stream in the heart of a territory and their hoofs left one foot deep muddy peg holes of cloudy standing water where a clear shallow stream flowed in April. I don't know if the damage to this rare excellent habitat the male waterthrush was seen defending is irreparable,” she said in an email.

The area is owned by the State of Nebraska and managed by the Nebraska Game and Parks Commission (NGPC). The grazing was an intentional habitat management practice.

“While there is little or nothing that can be done to prevent waterthrush habitat loss on private property, it's wrong that there is no apparent incentive in Nebraska to prevent land managers from destroying the precious little Louisiana Waterthrush habitat on lands owned and supposedly managed for the resource values appreciated by the public, including wild birds. The water-associated habitat in the Jefferson county region used by the Louisiana Waterthrush is already so denuded, more loss will undoubtedly have further negative impact on the species’ occurrence.”

“Territorial Louisiana Waterthrush – based upon multiple observations - appear to rely heavily on the small streams and dry washes that contain spring fed seeps that connect to the creeks. Unlike the larger adjoining creeks with flood plains - like Rose creek and Rock creek - the steep topography of these smaller drainages has prevented the clearing of surrounding woodlands for agricultural use. The terrain looks like a little piece of Kansas snuck across the border and there are some impressive rock cliffs along Rose Creek (reminiscent of a mini-Niobrara River valley scene).

“It's been really fascinating learning about the Louisiana Waterthrush occurring in Jefferson county and the Sandstone Prairie region habitat they utilize. The steep prairie hills have rocky drainages with seeps and springs (sometimes on streams but sometimes on dry washes) that the waterthrush incorporate into their territories,” Schwartz said. “We suspect these Louisiana Waterthrush are connected to the population in Kansas by the Blue River drainage instead of the small-sized population of this species that occur along the Missouri River drainage. The introductory notes for songs of the male birds along the Blue River drainage sound very different and may potentially be used to differentiate distinct sub-populations, if it proves to be true.”

Schwartz and John Carlini, of Lincoln, have been traveling eastern Nebraska for several years to observe and study this species of waterthrush, including multiple visits to Platte River State Park. Problems are also known to occur here as associated with management practices by the state agency. The area manager has been repeatedly “indifferent” to adapting site management to conserve waterthrush habitat at the water-based places, Schwartz said. The Louisiana Waterthrush has a very limited breeding extent along the river floodplain.

The Platte valley may be especially important in the biology of the Louisiana Waterthrush because it might provide a link between the Blue River drainage to the south and the Missouri River valley just to the east, notably at Fontenelle Forest, east of Bellevue as well as Indian Cave State Park, further south.

“What's really needed is some sort of meaningful long-term designation or protocol for breeding Louisiana Waterthrush that would prevent NGPC staff from destroying the habitat,” Schwartz said. “Jefferson county could also use some buffer restoration where waterthrush habitat edges have been cleared for agricultural fields (probably long before NGPC acquisition of any wildlife areas).

“Minnesota appears to be more on the ball about their limited number of breeding pairs and has designated the Louisiana Waterthrush as a species of special concern because their habitat of mature forest and good water quality streams is so limited and vulnerable,” Schwartz said. “I think Wisconsin has done the same, basically to keep them from becoming threatened in the future.

“I wish we could do that in Nebraska,” Schwartz said. “Our comments go in one ear and out the other likely because the Louisiana Waterthrush is only a Tier 2 species in Nebr. which doesn't seem to put them on the radar enough for any habitat protection by the state agency which is responsible for conservation of nongame wildlife.”

When officials at NGPC were asked via email about the habitat destruction at the Rose Creek WMA, the following comment was provided by Joel Jorgensen, the nongame program manager: “Louisiana Waterthrushes, while stable across their range, are relatively rare and local nesters in Nebraska. Cattle grazing is a widely accepted management strategy used to increase diversity of native forbs, control invasive species and improve overall structure of, primarily prairie, habitats. As we learn more about what areas and habitats Louisiana Waterthrushes are utilizing, we can adapt our management strategies to optimize management and protection of streams and forested areas on Nebraska Game and Parks Commission properties.”

Despite a second request for particular details, there was no information provided on how management practices may be changed to adapt to conservation of unique seep habitats, such as those used by the Louisiana Waterthrush in Jefferson county.

The initial report on this territory destruction was reported on the NEbirds online forum. The state agency comment was also subsequently posted.

This is a list of the 37 species noted at the area during the birding visit. Further details are available on Ebird [http://ebird.org/ebird/view/checklist?subID=S30064166].

¶ Northern Bobwhite (2) ¶ Great Blue Heron(1) ¶ Turkey Vulture (1) ¶ Red-shouldered Hawk (heard with confirmation of call) ¶ Mourning Dove (nest with two eggs) ¶ Yellow-billed Cuckoo (1) ¶ Common Nighthawk (8) ¶ Red-headed Woodpecker (1) ¶ Red-bellied Woodpecker (3) ¶ Northern Flicker (1) ¶ Eastern Wood-Pewee (3) ¶ Eastern Phoebe (2) ¶ Great Crested Flycatcher (1) ¶ Bell’s Vireo (1 north of the parking lot) ¶ Yellow-throated Vireo (2) ¶ Warbling Vireo (3) ¶ Red-eyed Vireo (6) ¶ Blue Jay (2) ¶ American Crow (1) ¶ Black-capped Chickadee (3)

¶ White-breasted Nuthatch (2) ¶ House Wren (10, territorial) ¶ Carolina Wren (3) ¶ Blue-grey Gnatcatcher (2) ¶ Eastern Bluebird (1) ¶ Louisiana Waterthrush (3; three territories visited with singing males present; pictures taken and posted with bird report) ¶ Common Yellowthroat (3) ¶ Field Sparrow (3) ¶ Eastern Towhee (2) ¶ Spotted/Eastern Towhee (rufous-sided towhee) (1) ¶ Summer Tanager (2) ¶ Northern Cardinal (5, pair in suitable habitat) ¶ Rose-breasted Grosbeak (1) ¶ Indigo Bunting (1) ¶ Red-winged Blackbird (1) ¶ Brown-headed Cowbird (1, singing male) ¶ Orchard Oriole (1) ¶ Baltimore Oriole (3)

State Game Agency and R-Project Review

This email was received 4 November from the Nebraska Game and Parks in response to an inquiry on the r-project.

"Thank you for your email inquiry below dated Monday, October 27, 2014. Each year, we review over 1,000 different projects following a similar review process for each one. We are considering conducting a public webinar in order to give citizens a better understanding of how we conduct environmental reviews. However, we do not plan on using a hearing on any particular issue to explain this process. Individuals are welcome to contact us regarding our involvement in a given project, and we are certainly willing to explain what our role has been.

"For the R-Project, staff of the Nebraska Game and Parks Commission (NGPC) have been involved in more than 15 meetings, conference calls and site visits with the Nebraska Public Power District (NPPD), U.S. Fish and Wildlife Service (USFWS), and other project specialists to discuss the project’s potential impacts on endangered and threatened species and other species of concern. NPPD presented the “Project Area” to NGPC and USFWS staff for the first time on December 12, 2012 and requested input. At this initial meeting, an inquiry was made regarding the location of the transmission line through the Sandhills, and we asked if they could consider a completely different “Project Area” that wouldn’t go through the Sandhills. We pointed out some different ideas and suggestions on a map. NPPD’s response was that they were following the directive from the Southwest Power Pool (SPP) to build a line that generally went from the Gerald Gentleman Station (GGS), to a substation near or in Cherry County, and then east to tie into Western Area Power Association’s Ft. Thompson to Grand Island line in the general Holt/Antelope/Wheeler County area. We do not have an opportunity to partake in the SPP’s decision-making process regarding the general location of transmission lines designed to meet regional needs, such as the R-Project.

"After the initial meeting, NGPC and USFWS staff had an opportunity to review the “Project Area” in more detail, and determined there were specific areas of concern pertaining to wildlife. This information was provided to NPPD during two separate meetings in 2013. NPPD took this information into consideration, along with all their other routing criteria, as they narrowed the “Project Area” down to “Project Corridors.” As we recommended, the “Project Corridors” were sited away from some of the densest populations of American burying beetles, and away from some of the larger wetland clusters. We also advised that areas of highest bird use around Birdwood Creek be avoided, but this was not entirely possible. Given the general location of the project and the other criteria NPPD must consider, all sensitive wildlife areas and natural habitats cannot be avoided. Additional meetings were held prior to NPPD’s selection of the preferred and alternative routes.

"As previously mentioned, NGPC staff expressed concern regarding this project’s placement through the Sandhills. However, we do not have regulatory authority when it comes to protecting the Sandhills. Consequently, there is not a mechanism for us to prevent the project from going through this landscape. As we do with all projects, we recommend constructing along existing corridors or in areas with existing disturbance. We have worked with NPPD to develop measures to avoid and minimize impacts to listed species to the extent possible. Mitigation for all unavoidable impacts on endangered and threatened species will be required and will result in a net benefit for the affected species.

"As required by statute, the Nebraska Power Review Board consulted with us on this project pursuant to Neb. Rev. Stat §37-807(3) of the Nongame and Endangered Species Conservation Act. An environmental review letter was issued on September 11, 2014, and a minor correction to the letter was issued on September 22, 2014.