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.

Conservation Management Ongoing on Refuges in the Northern Sandhills

It is refuge week for these area, managed by the Fish and Wildlife Service for the conservation of fauna and flora, and at the refuge complex in the northern sand hills, conservation efforts continue unabated.

Though there were not any particular events scheduled for refuge week, the theme nonetheless fits with the ongoing efforts to achieve the recognized goals for the refuge complex, which includes Fort Niobrara NWR, Valentine NWR and Seier NWR. The staff continued their regular endeavors to accomplish resource conservation and management.

During this week is the annual bison sale at the Fort Niobrara NWR. With the annual mid-October bison sale underway, this event was foremost in the comments about recent management activities. The buffalo have been gathered and some are ready for sale, as they have been for decades. This refuge has been managed since 1913 for birds and bison, with the big buffalo an essential aspect in maintaining the prairie landscape and its associated biota.

"It has been a great season for the bison herd and their management," said Steve Hicks, manager of the three-refuge complex. The herd was recently gathered and surplus animals are being auctioned to the highest bidder. The management is focused on maintaining a quality herd.

Elk at Fort Niobrara NWR; June 25, 2007.

"Fort Niobrara NWR has a couple of established purposes," Hicks said. "Those are as a preserve and breeding grounds for native birds, and a game preserve especially for bison and elk. Refuge biologists and managers have set target big game populations of 350 bison and 70 elk. Bison and elk are then used to graze the refuge grasslands in a way that will provide optimum habitat conditions for native birds. Grass typically needs some sort of stimulation to grow well. When applied properly, grazing, fire and mowing are types of stimulation that help grass grow and provide quality habitat for many species of animals."

Notable for this year, the Fort Niobrara bison herd was combined with a herd, originally from Sullys Hill National Game Preserve, to preserve the genetic diversity of the animals, Hicks said. "A larger, combined herd will improve management opportunities."

Elsewhere on the refuge complex, efforts continue to improve habitat for the protected flora and fauna of the Niobrara River and regions within the sandhills.

Hicks indicated several prominent activities.

At Valentine NWR with its many lakes and upland prairie, there has been ongoing removal of unwanted and invasive cedar trees. This has also occurred on the Fort Niobrara NWR and is planned for on the Seier NWR. Cedars are not a preferred type of vegetation for these refuges in an area where prairie grassland is the predominant and preferred type of habitat.

"On Valentine NWR cedars once dotted the sandhills north of the Hackberry Lake and South of the Pony Lake," Hicks said. "On Fort Niobrara NWR, cedars have been removed from much of the area along the Niobrara River from Cornell Bridge south to the refuge boundary."

Several fire burns have been done to facilitate the growth of native prairie vegetation: 1605 acres of Valentine NWR were treated this last year; and 547 acres at Fort Niobrara NWR. A carefully managed grazing program is also used to promote the grasslands' vigor at Valentine NWR.

Among the many wetlands on the Valentine refuge, Calf Camp Marsh has been managed with a focus on lower water levels, which provides shallow water habitat preferable for a diversity of bird species, Hicks noted.

Notable for Seier NWR has been an end to the legal considerations for the family trust associated with the donation of the former ranch property which occurred in 2000.

The legal situation regarding the Seier family trust "has been cleared," Hicks said. This will allow the F.W.S. to undertake more management activities on this Rock County tract of 2400 acres. Particular focus will be given to fixing water wells, promoting livestock grazing beneficial for grasslands, removing invasive growths of cedar trees (especially on the eastern extent of the refuge lands) and subtly, yet distinctly, erecting a marker to recognize the contribution of Louise and Jon Seier to create the national refuge.

The trust fund will provide about $20,000 annually, which can be used for refuge management activities, Hicks said, noting that this is the only trust of this sort he is familiar within the F.W.S.

A shortage of funds is notably limiting some activities on the refuge areas, Hicks said. There were no special activities scheduled for refuge week because of the lack of funding and a shortage of staff to develop and promote events which would connect people with nature, and ensure the future of conservation, which are this year's theme.

The Seier NWR comprehensive conservation plan was expected to be developed in 2011, but is now expected to be prepared in 2014, along with similar plans for the Fort Niobrara and Valentine refuges.

One notable bit of information which would be helpful for refuge management would be a better understanding of resident and migratory birds.

"We would like to have bird surveys of the unique habitats in the biological crossroads along the Niobrara River and at the wetlands of the southern refuges," Hicks said. And any other information on bird occurrence would be appreciated and helpful in developing future refuge management plans.

Sandhills Wildlife Refuge in Management Limbo

Several years since the U.S. Fish and Wildlife Service received an estate donation that established the John W. and Louise Seier NWR, the agency is still awaiting the resolution of legal matters to get started on management activities and to allow the public to access and enjoy the property.

John and Louise Seier donated 2,400 acres of meadows and grasslands at the headwaters of Skull and Bloody Creeks - in southwest Rock County, Nebraska - that had been in the family since 1880.

The ranch is at the center of what was once the historic community of Duff, with a post-office which had been active from 1886 to 1953. Only the small, well-kept cemetery remains as a reminder of a place once active with a store, four schools and other accoutrements of a thriving neighborhood.

Louise Seier made the donation to create the refuge as a legacy to the family, according to a December, 1999 news article.

"We like wildlife and thought it was a good idea to donate the ranch," Louise Seier said, in a gesture on behalf of her and her late brother, John W. Seier, who died in 1997. Louise Seier was born and raised on the ranch property.

On January 1, 2000 the federal agency accepted possession of the property and established a refuge on what had been the family ranch in the eastern sandhills. There were two tracts: one at the upper extent of the creeks, and upland grasslands along the county road to the east.

The property includes the former family residence, a couple of barns and other buildings and sheds typical for a small, though formerly robust cattle ranch in the eastern sandhills.

Habitats include wet meadows at the headwaters of Bloody creek on the east, and Skull creek on the west side. The upland is primarily native sandhill grasses. Around the buildings are numerous trees which provide arboreal habitat, especially for birds. On the south side of the main ranch sections, a row of large, mature cottonwood trees remain from shelter-belt plantings in historic times. During wet seasons, the creek meadows may retain water and provide marsh conditions for a diversity of bird species, especially in 2007, for example.

There have been only a limited number of activities on the refuge due to unexpected constraints.

In the autumn following the donation, refuge officials granted access for a volunteer to conduct bird surveys, by issuing a special use permit. At least 68 different species have been noted as a result of nine surveys at different times during 2000 to 2007, primarily during spring and autumn seasons, and two times during the May and June breeding season, at the main area of the ranch property. The European Starling, Red-winged Blackbird, and American Tree Sparrow have been the species noted in larger numbers.

Roadside wetland at Seier NWR in May, 2007.

On May 11, 2007, when water levels were higher than normal, a whole new bunch of species were noted at the meadows north of the buildings, along the county road. There were 36 different types noted, including numbers of Wilson's Phalarope, Blue-winged Teal, Lesser Yellowlegs, Canada Goose. Among the 33 types noted in June 2006, a larger number were upland species, especially the Dickcissel and Brown-headed Cowbird. Barn Swallows are always around in the summer, with Chimney Swifts noted to be using the small chimney of the former ranch residence.

Since the original donation, there has been "an ongoing process with the estate funds," according to Todd Frerichs, deputy project leader, headquartered at the Fort Niobrara complex, which also oversees the Seier refuge. "The Seiers also intended to give all assets to the Fish and Wildlife Service to be used for the management of the property once Louise passed," which was believed to be in 2002. The FWS is still "dealing with lawyers to gain access to the estate trust fund."

Resolving legal matters has an essential role in managing the Seier property.

Some of the first expected management priorities, according to Frerichs, are to:

1) "Erect a memorial monument in memory and appreciation of John W. and Louise Seier."

2) "remove cedar from the property"

There is now an extensive growth of invasive cedars in the eastern prairie tracts of the refuge, which the FWS intends to manage as grasslands. The trees will initially be removed by mechanical means, however, controlled burns may also be used.

3) "rehabilitate water wells"

In order to conduct needed grassland management with livestock, reliable water for the livestock is needed.

4) "fix fences," and

5) "work with neighboring ranchers to conduct needed habitat management."

"Historically, native prairie has evolved under occasional defoliation from fire and grazing. In order to replicate this, prescribed fire, haying, and livestock grazing are common tools used to maintain the health of the prairie. Haying and grazing is usually accomplished through Special Use Permits issued to neighboring farms/ranchers."

Most of the ranch buildings are not being maintained, as they have no significant cultural or historic value. A few of the old ranch building may be maintained as infrastructure needed for management, however, the majority will be sold and/or demolished, Frerichs said.

With the intent of providing housing in anticipation for on-site refuge personnel, a home was built several years ago on the refuge.

Subsequent budget cuts, and attention to "higher priorities" within the agency prevented this, Frerichs said.

In 2008, a temporary Nebraska Game and Parks Commissionemployee, as a refuge volunteer, "did some general habitat and wildlife surveys on Seier while living there," before going to a different job after six months.

This year, another employee of the NGPC is living there since early-February.

"We hope to have them do some general work and start a management plan." Frerichs said. Their volunteer time given to Seier refuge efforts, will be "after other duties are accomplished for Game and Parks."

Until legal and fiscal matters are resolved, and a management plan is approved, Seier NWR will remain closed to the public, unless specific permission for access is provided through a volunteer agreement.

"Once we have access to the estate fund, we hope to work out a shared position with the Nebraska Game and Park Commission so we can get more done on Seier NWR," Frerichs said. "General habitat management can occur once the funding is available, however a management plan needs to be prepared, and evaluated by a public review process, and eventually approved, before public use can be allowed. Once this is accomplished, the refuge may be open to some public uses. Management planning is very time consuming. The Fort Niobrara/Valentine NWR Complex (which Seier NWR is part of) is scheduled to rewrite their Comprehensive Conservation Plans in 2014. Seier NWR will be included in this planning process, however, if staff time allows, some of the planning may be accomplished before that."

"We look forward to managing the habitats on the John W. and Louise Seier NWR to support the native flora and fauna typical of sandhills wetlands and grassland," he said.