categorical exclusion nepa compliance checklistleslie canyon road is a county maintained road which...

CATEGORICAL EXCLUSION NEPA COMPLIANCE CHECKLIST

Project Description: Updating compatibility determinations for Sand Bernardino and Leslie Canyon NWR. This action is covered in 516 DM 8.5 B(9) as described below where updating the compatibility determinations is a minor change to an existing plan and/or operations. The actions and associated facilities have not changed substantially and continuation of the activities is expected to have no/or minor impacts. This action of updates does not trigger an Exception to the Categorical Exclusion at 43 CFR 46.215 as indicated below. No further permits/approvals are needed. Public review will be conducted for all updated compatibility determinations.

This proposal X is; is not; completely covered by categorical exclusion in 43 CFR Section 46.205-215 and/or 516 DM 8.5 516 DM Chapter 8.5 B(9), “Minor changes in existing master plans, comprehensive conservation plans, or operations, when no or minor effects are anticipated. Examples could include minor changes in the type and location of compatible public use activities and land management practices.” Extraordinary Circumstances: Will This Proposal (check ( ) yes or no for each item below): Yes No x 1. Have significant impacts on public health or safety. x 2. Have significant impacts on such natural resources and unique geographic characteristics as historic or cultural

resources; park, recreation or refuge lands; wilderness areas; wild or scenic rivers; national natural landmarks; sole or principal drinking water aquifers; prime farmlands; wetlands (Executive Order 11990); floodplains (Executive Order 11988); national monuments; migratory birds; and other ecologically significant or critical areas.

x 3. Have highly controversial environmental effects or involve unresolved conflicts concerning alternative uses of available resources [NEPA Section 102(2)(E)].

x 4. Have highly uncertain and potentially significant environmental effects or involve unique or unknown environmental risks.

x 5. Establish a precedent for future action or represent a decision in principle about future actions with potentially significant environmental effects.

x 6. Have a direct relationship to other actions with individually insignificant but cumulatively significant environmental effects.

x 7. Have significant impacts on properties listed or eligible for listing on the National Register of Historic Places as determined by either the bureau.

x 8. Have significant impacts on species listed, or proposed to be listed, on the List of Endangered or Threatened Species, or have significant impacts on designated Critical Habitat for these species.

x 9. Violate a Federal law, or a State, local, or tribal law or requirement imposed for the protection of the environment.

x 10. Have a disproportionately high and adverse effect on low income or minority populations (Executive Order 12898).

x 11. Limit access to and ceremonial use of Indian sacred sites on Federal lands by Indian religious practitioners or significantly adversely affect the physical integrity of such sacred sites (Executive Order 13007).

x 12. Contribute to the introduction, continued existence, or spread of noxious weeds or non-native invasive species known to occur in the area or actions that may promote the introduction, growth, or expansion of the range of such species (Federal Noxious Weed Control Act and Executive Order 13112).

(If any of the above extraordinary circumstances receive a “Yes” check () , an EA must be prepared.) ___Yes _x__No This project includes additional information supporting the Checklist. [Attach if applicable or list if on file]

Project Leader: ________________________________________ Date:________________________

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 (NEPA), and other statutes, orders, and policies that protect fish and wildlife resources, I have established the following administrative record and determined that the action of: Updating and completing compatibility determinations for existing refuge uses (wildlife observation, wildlife photography, hiking, scientific research, and environmental education) Check One:

____ is a categorical exclusion as provided by 516 DM Chapter 8.5 B(9), “Minor changes in existing master plans, comprehensive conservation plans, or operations, when no or minor effects are anticipated. Examples could include minor changes in the type and location of compatible public use activities and land management practices.” 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.

_____ is an emergency action within the context of 40 CFR 1506.11. Only those actions necessary to control the immediate impacts of the emergency will be taken. Other related actions remain subject to NEPA review. These refuge uses were included in the Comprehensive Conservation Plan for San Bernardino and Leslie Canyon NWR. The Environmental Assessment for the draft CCP previously analyzed the impacts of these uses. The Finding of No Significant Impact for the EA determined that no significant impacts were anticipated. These uses and their associated impacts to the affected environment have not change substantially since that analysis. Other supporting documents: Categorical Exclusion NEPA Compliance Checklist Signature Approval: (1) Originator Date (2) Environmental Coordinator, Date R2 NWRS (3) Regional Chief, Date (4) Regional Director Date R2 NWRS

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 (NEPA), and other statutes, orders, and policies that protect fish and wildlife resources, I have established the following administrative record and determined that the action of: Completing compatibility determinations for existing refuge uses (bicycling and horseback riding) Check One:

____ is a categorical exclusion as provided by 516 DM Chapter 8.5 B(9), “Minor changes in existing master plans, comprehensive conservation plans, or operations, when no or minor effects are anticipated. Examples could include minor changes in the type and location of compatible public use activities and land management practices.” 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.

_____ is an emergency action within the context of 40 CFR 1506.11. Only those actions necessary to control the immediate impacts of the emergency will be taken. Other related actions remain subject to NEPA review. While these refuge uses are secondary and supportive to the 6 priority public recreational uses, they have historically been allowed to facilitate public involvement in priority uses such as wildlife observation and wildlife photography. Other supporting documents: Categorical Exclusion NEPA Compliance Checklist Signature Approval: (1) Originator Date (2) Environmental Coordinator, Date R2 NWRS (3) Regional Chief, Date (4) Regional Director Date R2 NWRS

Compatibility Determination for Wildlife Observation and Wildlife Photography on San Bernardino and Leslie Canyon NWR

COMPATIBILITY DETERMINATION

USE: Wildlife Observation and Wildlife Photography REFUGE NAME: San Bernardino and Leslie Canyon National Wildlife Refuges NWR ESTABLISHING and ACQUISITION AUTHORITIES: San Bernardino NWR was established on April 1, 1982 and Leslie Canyon NWR was established on May 31, 1988 to help protect the fish and wildlife associated with the Río Yaqui watershed. Both refuges were established under the authority of the Endangered Species Act of 1973 and the Fish and Wildlife Act of 1956 in order to “...conserve fish or wildlife which are listed as endangered species or threatened species...or plants.” REFUGE PURPOSE(S): The San Bernardino and Leslie Canyon NWRs, located in Cochise County Arizona, were set aside to conserve fish and wildlife species that are listed as threatened or endangered. Specifically to protect: Yaqui Catfish, Yaqui Topminnow, Yaqui Chub, and Beautiful Shiner habitat. NATIONAL WILDLIFE REFUGE SYSTEM MISSION: “The mission of the 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 System Improvement Act of 1997, Public Law 105-57). DESCRIPTION OF USE: What is the Use? Wildlife Observation: Wildlife observation encompasses the act of spotting, listening to, and watching wildlife for personal use by visitors. Wildlife Photography: Wildlife photography encompasses the act of using film or digital technology to capture images and footage for personal use by visitors. The use of drones or drone like technology is not included and is not to be covered by this compatibility determination. Where is the use conducted? San Bernardino NWR: Is not open to public motorized vehicle use. Black Draw Trail is a designated 2.2 mile trail which utilizes administrative/service roads and includes an observation deck. Leslie Canyon NWR: While some of Leslie Canyon is closed year round to the public, some of the refuge is open year round. Leslie Canyon Road is a county maintained road which allows for


street legal motorized vehicle access through the refuge. Leslie Canyon Trail is a designated 2 mile trail which utilizes administrative/service roads. See attachment A for open and closed areas of Leslie Canyon. When is the use conducted? Wildlife observation and wildlife photography are allowed and occur throughout the year, during daylight hours only. Public entry to portions or all of the refuge may be suspended due to unusual or critical conditions affecting land, water, habitat, wildlife populations, and the quality of the visitor experience or visitor safety. Areas that are open or closed to public entry are determined based first on the needs of wildlife and habitat protection. The refuge is a dynamic environment and thus short- and long-term changes to public uses like wildlife observation, photography, and hiking may be necessary to protect the wildlife and habitat and provide high quality recreational experiences for the public. How is the use conducted? Wildlife observation and wildlife photography are conducted and facilities maintained and constructed with the refuge purposes, goals, objectives and management plans as the guiding principles. Refuge staff, volunteers, and refuge websites provide public information about wildlife observation and wildlife photography. Refuge staff, volunteers, and refuge websites provide public information about wildlife observation and wildlife photography. Why is the use being proposed? Wildlife observation is a priority public use on National Wildlife Refuge System lands as identified in the National Wildlife Refuge System Improvement Act of 1997. Wildlife photography is a priority public use on National Wildlife Refuge System lands as identified in the National Wildlife Refuge System Improvement Act of 1997. Allowing access to the refuge for wildlife observation and photography is consistent with goals of the refuge and the National Wildlife Refuge System. AVAILABILITY OF RESOURCES: For wildlife observation and wildlife photography to remain high quality activities, the refuge must maintain service roads, designated trails, and restrooms used by the public. Additionally, funds must be expended to plan for visitor use, develop and print illustrated media, replace signs, and update websites. Availability of refuge resources is dependent upon refuge staffing and budget allocations. ANTICIPATED IMPACTS OF THE USE: Short and Long-term Impacts: Wildlife observation and wildlife photography can cause minor short-term disturbance. Facilitating these uses may result in some environmental impacts to the refuge, its habitat, and wildlife species. Allowing visitors foot traffic access to open areas of the refuges may result in some soil compaction, erosion, trampling of vegetation, littering and disturbance to wildlife. The


possibility of visitors dropping litter along their way is remedied by the work of staff and volunteers, whose duties include removing litter. The designated trails on administrative/service roads were constructed in part to funnel visitor use and prevent these impacts from occurring across larger areas of habitat, thus protecting the majority of refuge habitat from degradation and providing wildlife areas free from disturbance. Humans can also be vectors for invasive plants when off-refuge seeds cling to their clothing, footwear, or equipment and are deposited on the refuge. Once established, some invasive plants can out-compete native plants, thereby altering habitats and indirectly impacting wildlife. The threat of invasive plant establishment requires annual monitoring and treatment when necessary. Wildlife observation and wildlife photography may also result in long-term beneficial impacts to the visitor experience and the mission of the National Wildlife Refuge System. This use may increase the visitors understanding and appreciation of wildlife and their habitat needs as well as the role of the National Wildlife Refuge System in resource conservation. Cumulative Impacts: No adverse cumulative impacts are expected to result from wildlife observation and photography. Animals that do not become accustomed to the disturbance from visitors may move to the areas of the refuge that are closed to the public and/or areas free of disturbance. The refuges do not have high numbers of visitation and there are many areas free of disturbance for wildlife to retreat to if needed. With designated trails following administrative/service roads cumulative impacts of soil compaction and maintenance are not a concern in those areas. The refuges do not have high numbers of visitation, therefore adverse cumulative impacts off administrative/service roads is not expected. Making wildlife observation and wildlife photography opportunities available on the refuge will increase public awareness about conservation issues and the National Wildlife Refuge System. This will benefit the Service’s overall mission and the purpose of the refuge. PUBLIC REVIEW AND COMMENT: A public comment period of 2 weeks will be conducted for this document. There are no extraordinary circumstances.

DETERMINATION: ________ Use is not compatible ____X__ Use is Compatible with the following stipulations: STIPULATIONS NECESSARY TO ENSURE COMPATIBILITY: To insure compatibility with the National Wildlife Refuge System and the refuge goals and objectives, wildlife observation, photography and hiking can only occur under the following conditions:

1. The service will allow wildlife observation and wildlife photography in areas open to the public during daylight hours only.


2. The service will regulate times, areas, and conditions for wildlife observation and wildlife photography. This can also include short-term or long-term closure of areas open to wildlife observation and wildlife photography due to unusual or critical conditions affecting land, water, habitat, wildlife populations, the quality of the visitor experience or visitor safety.

3. The service will only allow street-legal, motorized vehicle use on designated roads and parking areas and the service will not allow off-road motor vehicle travel.

4. The service will not allow harassment or feeding of wildlife. 5. The service will require that all pets be handled in accordance with the refuge pet policy. 6. Over the 10-15-year life of the CD, the service will assess the carrying capacity of the

wildlife observation and wildlife photography program and determine the optimal management that will provide visitors with high quality wildlife viewing opportunities while maintaining a balance between wildlife disturbance and an outstanding visitor experience.

JUSTIFICATION: Wildlife observation and photography are priority public uses for the National Wildlife Refuge System as outlined in the National Wildlife Refuge System Improvement Act of 1997. Wildlife observation and photography as described above is consistent with the management direction provided in the CCP. These activities will not conflict with any of the other priority public uses or adversely impact biological resources. Therefore, through the compatibility determination process, the service has determined that wildlife observation and photography, in accordance with the stipulations provided above, will not materially interfere with or detract from the fulfillment of the National Wildlife Refuge System mission or the purposes of the refuge.

Signature: Refuge Manager ___________________________

(Signature and Date) Concurrence: Regional Chief ___________________________

(Signature and Date) Mandatory 10 to 15 year Re-Evaluation Date: ____________

Compatibility Determination for Hiking on San Bernardino and Leslie Canyon NWR


USE: Hiking REFUGE NAME: San Bernardino and Leslie Canyon National Wildlife Refuges (NWR) ESTABLISHING and ACQUISITION AUTHORITY(IES): San Bernardino NWR was established on April 1, 1982 and Leslie Canyon NWR was established on May 31, 1988 to help protect the fish and wildlife associated with the Río Yaqui watershed. Both refuges were established under the authority of the Endangered Species Act of 1973 and the Fish and Wildlife Act of 1956 in order to “...conserve fish or wildlife which are listed as endangered species or threatened species...or plants.” REFUGE PURPOSE(S): The San Bernardino and Leslie Canyon NWRs, located in Cochise County Arizona, were set aside to conserve fish and wildlife species that are listed as threatened or endangered. Specifically to protect: Yaqui Catfish, Yaqui Topminnow, Yaqui Chub, and Beautiful Shiner habitat. NATIONAL WILDLIFE REFUGE SYSTEM MISSION: “The mission of the 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 System Improvement Act of 1997, Public Law 105-57). DESCRIPTION OF USE: What is the Use? Hiking (for this document the term hiking also includes walking and the use of mobility aides by individuals with disabilities) provides a means to explore habitats where visitors may participate in priority wildlife-dependent recreation activities. Where is the use conducted? San Bernardino NWR: Is not open to public motorized vehicle use. Black Draw Trail is a designated 2.2 mile trail which utilizes administrative/service roads and includes an observation deck. Leslie Canyon NWR: While some of Leslie Canyon is closed year round to the public, some of the refuge is open year round and hiking is encouraged. Leslie Canyon Trail is a designated 2 mile trail which utilizes administrative/service roads. See attachment A for open and closed areas of Leslie Canyon. When is the use conducted? Hiking is allowed and occurs throughout the year, during daylight hours only.


Public entry to portions or all of the refuge may be suspended due to unusual or critical conditions affecting land, water, habitat, wildlife populations, and the quality of the visitor experience or visitor safety. Areas that are open or closed to public entry are determined based first on the needs of wildlife and habitat protection. The refuge is a dynamic environment and thus short- and long-term changes to public uses like wildlife observation, photography, and hiking may be necessary to protect the wildlife and habitat and provide high quality recreational experiences for the public. How is the use conducted? Hiking is conducted and facilities maintained and constructed with the refuge purposes, goals, objectives and management plans as the guiding principles. Refuge staff, volunteers, and refuge websites provide public information about wildlife hiking. Why is the use being proposed? Hiking offers an environmentally sustainable means of transportation and enables participation in the six priority wildlife-dependent recreational uses of the Refuge System. Hiking is an existing, traditional outdoor activity on the refuge. Allowing this activity is consistent with the National Wildlife Refuge System Improvement Act, and helps accomplish refuge goals and promotes understanding, appreciation, and support for its mission. San Bernardino is open to foot traffic only, thus hiking is the primary option for refuge access. Leslie Canyon has one county road through the refuge and any access off that road must be foot traffic only. For visitors that want to spend more time than driving through the refuge, hiking is the primary option. AVAILABILITY OF RESOURCES: For hiking to remain high a quality activity, the refuge must maintain service roads, designated trails, and restrooms used by the public. Additionally, funds must be expended to plan for visitor use, develop and print illustrated media, replace signs, and update websites. Availability of refuge resources is dependent upon refuge staffing and budget allocations. ANTICIPATED IMPACTS OF THE USE: Short and Long-term Impacts: Hiking can cause minor short-term disturbance. Facilitating hiking may result in some environmental impacts to the refuge, its habitat, and wildlife species. Allowing visitors foot traffic access to open areas of the refuges may result in some soil compaction, erosion, trampling of vegetation, littering and disturbance to wildlife. The possibility of hikers dropping litter along their way is remedied by the work of staff and volunteers, whose duties include removing litter. The designated trails on administrative/service roads were constructed in part to funnel visitor use and prevent these impacts from occurring across larger areas of habitat, thus protecting the majority of refuge habitat from degradation and providing wildlife areas free from disturbance. Humans can also be vectors for invasive plants when off-refuge seeds cling to their clothing, footwear, or equipment and are deposited on the refuge. Once established, some invasive plants can out-compete native plants, thereby altering habitats and indirectly impacting wildlife. The threat of invasive plant establishment requires annual monitoring and treatment when necessary.


Hiking may also result in long-term beneficial impacts to the visitor experience and the mission of the National Wildlife Refuge System. As a secondary use which supports the six priority wildlife-dependent recreational uses, hiking increase the visitors understanding and appreciation of wildlife and their habitat needs as well as the role of the National Wildlife Refuge System in resource conservation. Cumulative Impacts: Based on observations and knowledge of the areas involved, there are no adverse cumulative impacts expected to result from hiking. Animals that do not become accustomed to the disturbance from hiking may move to the areas of the refuge that are closed to the public and/or areas free of disturbance. The refuges do not have high numbers of visitation and there are many areas free of disturbance for wildlife to retreat to if needed. With designated trails following administrative/service roads cumulative impacts of soil compaction and maintenance are not a concern in those areas. The refuges do not have high numbers of visitation, therefore adverse cumulative impacts off administrative/service roads is not expected. Exploring the refuge by hiking rather than driving motor vehicles may reduce the carbon footprint of the visitor services program resulting in fewer emissions of gases that can affect climate change. Hiking occurs in conjunction with wildlife observation and photography, each of which will ultimately result in beneficial cumulative impacts by increasing public awareness about conservation issues and the National Wildlife Refuge System. Ultimately, this will benefit the Service’s mission and the refuge purpose. PUBLIC REVIEW AND COMMENT: A public comment period of 2 weeks will be conducted for this document. There are no extraordinary circumstances.

DETERMINATION: ________ Use is not compatible ____X__ Use is Compatible with the following stipulations: STIPULATIONS NECESSARY TO ENSURE COMPATIBILITY: To insure compatibility with the National Wildlife Refuge System and the refuge goals and objectives, wildlife observation, photography and hiking can only occur under the following conditions:

1. The service will allow hiking in areas open to the public during daylight hours. 2. The service will regulate times, areas, and conditions for hiking. This can also include

short-term or long-term closure of areas open to hiking due to unusual or critical conditions affecting land, water, habitat, wildlife populations, the quality of the visitor experience or visitor safety.


4. The service will not allow harassment or feeding of wildlife.


5. The service will require that all pets be handled in accordance with the refuge pet policy. 6. Over the 10-15-year life of the CD, the service will assess the carrying capacity of the

hiking program and determine the optimal management that will provide visitors with high quality wildlife viewing opportunities while maintaining a balance between wildlife disturbance and an outstanding visitor experience.

JUSTIFICATION: Hiking occurs on the refuge as a secondary use that facilitates the primary wildlife-dependent recreation uses defined by the National Wildlife Refuge System Improvement Act of 1997. For some visitors hiking facilitates hunting, fishing, environmental education, interpretation, wildlife observation, and wildlife photography. Hiking as described above is consistent with the management direction provided in the CCP. Hiking will not conflict with any of the other priority public uses and in fact is integral to many of them. Hiking will not adversely impact biological resources. Therefore, through the compatibility determination process, we have determined that hiking, in accordance with the stipulations provided above, is a compatible use that will not materially interfere with or detract from the fulfillment of the Refuge System mission or the purposes of the refuge.




Compatibility Determination for Environmental Education on San Bernardino and Leslie Canyon NWR


USE: Environmental Education REFUGE NAME: San Bernardino and Leslie Canyon National Wildlife Refuges NWR. ESTABLISHING and ACQUISITION AUTHORITY(IES): San Bernardino NWR was established on April 1, 1982 and Leslie Canyon NWR was established on May 31, 1988 to help protect the fish and wildlife associated with the Río Yaqui watershed. Both refuges were established under the authority of the Endangered Species Act of 1973 and the Fish and Wildlife Act of 1956 in order to “...conserve fish or wildlife which are listed as endangered species or threatened species...or plants.” REFUGE PURPOSE(S): The San Bernardino and Leslie Canyon NWRs, located in Cochise County Arizona, were set aside to conserve fish and wildlife species that are listed as threatened or endangered. Specifically to protect: Yaqui Catfish, Yaqui Topminnow, Yaqui Chub, and Beautiful Shiner habitat. NATIONAL WILDLIFE REFUGE SYSTEM MISSION: “The mission of the 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 System Improvement Act of 1997, Public Law 105-57). DESCRIPTION OF USE: What is the Use? Environmental education is a curriculum-guided process that helps students learn more about the environment, and develop skills and motivations that focus on the sustainable and harmonious co-existence of humans and the rest of the natural world. Environmental education is often designed to develop a citizenry that has the awareness, concern, knowledge, attitudes, skills, motivations and commitment to work toward solutions to environmental problems and the prevention of future ones. Environmental education within the National Wildlife Refuge System (Refuge System) incorporates onsite, offsite, and distance learning materials, activities, programs, and products that address the audience's concern of study, the mission of the Refuge System and the management purposes of the field station. Environmental education integrates that station's purposes with the audience's curriculum or course of study. Environmental education programs tend to be longer in duration than interpretive programs and often involve pre-and post-visit elements and multiple visits to the refuge.


Environmental education can incorporate wildlife observation, wildlife photography, bicycling, hiking, scientific research, and hunting all of which are public uses of the refuge that are covered by other compatibility determinations. Where is the use conducted? Environmental education programs occur throughout the refuge, off-site at schools, but are most likely to occur on the Slaughter Ranch Easement. When is the use conducted? Most environmental education programs usually occur when school is in session, concentrated in the spring, fall and winter months. A few activities occur in the summer. Most activities occur during daylight hours; however, the refuge may also offer special night classes throughout the year. How is the use conducted? Environmental Education programs are conducted with the Refuge System mission and San Bernardino and Leslie Canyon goals, objectives, and habitat management plans as the guiding principles. Environmental education programs are usually provided to organized groups of students that are scheduled to arrive on the refuge easement on a specific date (fieldtrips). Refuge environmental education programs are conducted by refuge staff, refuge volunteers, and refuge partners. Some visiting teachers and professors may lead their own environmental education programs on the refuge. The purpose of environmental education programs is to lead students to a greater understanding and appreciation of wildlife, plants, and their habitat within south eastern Arizona and for the connections between those organisms and the global ecosystem. Why is the use being proposed? Environmental education is a priority public use on National Wildlife Refuge System lands as identified in the National Wildlife Refuge System Improvement Act of 1997. Allowing access to the refuge for environmental education is consistent with goals of the refuge and the National Wildlife Refuge System. AVAILABILITY OF RESOURCES: Direct costs to administer the environmental education program arc in the form of staff time and purchase of supplies. Currently staff and funding shortages have curtailed the number of environmental education programs that can be offered. ANTICIPATED IMPACTS OF THE USE: Short and Long-term Impacts: Environmental education can cause minor short-term disturbance. Facilitating environmental education may result in some environmental impacts to the refuge, its habitat, and wildlife species. Allowing participants access to the refuges may result in some soil compaction, erosion, trampling of vegetation, littering and disturbance to wildlife. The possibility of participants dropping litter along their way is remedied by the work of staff and volunteers, whose duties include removing litter. The designated trails on administrative/service roads were constructed in


part to funnel visitor use and prevent these impacts from occurring across larger areas of habitat, thus protecting the majority of refuge habitat from degradation and providing wildlife areas free from disturbance. Humans can also be vectors for invasive plants when off-refuge seeds cling to their clothing, footwear, or equipment and are deposited on the refuge. Once established, some invasive plants can out-compete native plants, thereby altering habitats and indirectly impacting wildlife. The threat of invasive plant establishment requires annual monitoring and treatment when necessary. Environmental education may also result in long-term beneficial impacts to the participant experience and the mission of the National Wildlife Refuge System. Cumulative Impacts: Based on observations and knowledge of the areas involved, there are no adverse cumulative impacts expected to result from environmental education. Animals that do not become accustomed to the disturbance from participants may move to the areas of the refuge that are closed to the public and/or areas free of disturbance. The refuges do not have high numbers of visitation and there are many areas free of disturbance for wildlife to retreat to if needed. With designated trails following administrative/service roads cumulative impacts of soil compaction and maintenance are not a concern in those areas. The refuges do not have high numbers of student visitation, therefore adverse cumulative impacts off administrative/service roads is not expected. PUBLIC REVIEW AND COMMENT: A public comment period of 2 weeks will be conducted for this document. There are no extraordinary circumstances.

DETERMINATION:

________ Use is not compatible ____X__ Use is Compatible with the following stipulations: STIPULATIONS NECESSARY TO ENSURE COMPATIBILITY: To insure compatibility with the National Wildlife Refuge System and the refuge goals and objectives, wildlife observation, photography and hiking can only occur under the following conditions:

1. We may regulate times, areas, and conditions for environmental education. This can also include short-term or long-term closure of areas open to environmental education due to unusual or critical conditions affecting land, water, habitat, wildlife populations, the quality of the visitor experience or visitor safety.


JUSTIFICATION: Environmental education is a priority public use for the National Wildlife Refuge System as outlined in the National Wildlife Refuge System Improvement Act of 1997. Environmental education as described above is consistent with the management direction provided in the CCP. It will provide the participants with an opportunity to experience wildlife first-hand and develop knowledge about animal behavior, adaptations, and habitat requirements while also developing an understanding of the refuge's role in wildlife and habitat conservation as part of the National Wildlife Refuge System. This activity will not conflict with any of the other priority public uses or adversely impact biological resources. Therefore, through the compatibility determination process, we have determined that environmental education, in accordance with the stipulations provided above, will not materially interfere with or detract from the fulfillment of the National Wildlife Refuge System mission or the purposes of the refuge. ((Sect. 2.8, Issue 5, pg 27)(Sect. 3.15.6, pg 86)(Sect. 5.1, Goal 5, pg 119-123) BANWR CCP 2003) (Appendix I, Sect. 7, Goal 5, pg 121)




Compatibility Determination for Bicycling on San Bernardino and Leslie Canyon NWR 1


USE: Bicycling REFUGE NAME: San Bernardino and Leslie Canyon National Wildlife Refuges (NWR) ESTABLISHING and ACQUISITION AUTHORITY (IES): San Bernardino NWR was established on April 1, 1982 and Leslie Canyon NWR was established on May 31, 1988 to help protect the fish and wildlife associated with the Río Yaqui watershed. Both refuges were established under the authority of the Endangered Species Act of 1973 and the Fish and Wildlife Act of 1956 in order to “...conserve fish or wildlife which are listed as endangered species or threatened species...or plants.” REFUGE PURPOSE(S): The San Bernardino and Leslie Canyon NWRs, located in Cochise County Arizona, were set aside to conserve fish and wildlife species that are listed as threatened or endangered. Specifically to protect: Yaqui Catfish, Yaqui Topminnow, Yaqui Chub, and Beautiful Shiner habitat. NATIONAL WILDLIFE REFUGE SYSTEM MISSION: “The mission of the 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 System Improvement Act of 1997, Public Law 105-57). DESCRIPTION OF USE: What is the Use? Bicycling provides transportation to various areas on the refuge, where visitors may participate in priority wildlife-dependent recreational uses. Bicycling is a secondary recreational use primarily in support of wildlife observation and wildlife photography. Where is the use conducted? No off-road bicycling is permitted anywhere on the refuges. San Bernardino NWR: Is not open to public motorized vehicle use. Black Draw Trail is a designated 2.2 mile trail which utilizes administrative/service roads and includes an observation deck. Leslie Canyon NWR: While some of Leslie Canyon is closed year round to the public, some of the refuge is open year round. Leslie Canyon Trail is a designated 2 mile trail which utilizes administrative/service roads. See attachment A for open and closed areas of Leslie Canyon.


When is the use conducted? Bicycling is allowed and occurs throughout the year, during daylight hours only. Public entry to portions or all of the refuge may be suspended due to unusual or critical conditions affecting land, water, habitat, wildlife populations, and the quality of the visitor experience or visitor safety. Areas that are open or closed to public entry are determined based first on the needs of wildlife and habitat protection. The refuge is a dynamic environment and thus short- and long-term changes to public uses like wildlife observation, photography, and hiking may be necessary to protect the wildlife and habitat and provide high quality recreational experiences for the public. How is the use conducted? Visitors are allowed to bring bicycles to the refuge and use them as a means of transportation to engage in wildlife-dependent recreation if they abide by the current bicycling regulations. Organized bicycling groups are required to obtain a special use permit in advance of their planned activity. Why is the use being proposed? Bicycling offers an environmentally sustainable means of transportation and facilitates participation in wildlife-dependent recreation. This activity occurs on the refuge in support of wildlife observation and wildlife photography. AVAILABILITY OF RESOURCES: For bicycling to remain a high quality activity, the refuge must maintain service roads, designated trails, and restrooms used by the public. Additionally, funds must be expended to plan for visitor use, develop and print illustrated media, replace signs, and update websites. Availability of refuge resources is dependent upon refuge staffing and budget allocations. ANTICIPATED IMPACTS OF THE USE: Bicycling occurs only upon gravel roads (Leslie Canyon Rd, Leslie Canyon Trail, Black Draw Trail, San Bernardino service roads). Short and Long-term Impacts: Bicycling can cause minor short-term disturbance. Facilitating bicycling may result in some environmental impacts to the refuge, its habitat, and wildlife species. Allowing visitors to cycle open areas of the refuges may result in some soil compaction, erosion, trampling of vegetation, littering and disturbance to wildlife. The possibility of bikers dropping litter along their way is remedied by the work of staff and volunteers, whose duties include removing litter. The designated trails on administrative/service roads were constructed in part to funnel visitor use and prevent these impacts from occurring across larger areas of habitat, thus protecting the majority of refuge habitat from degradation and providing wildlife areas free from disturbance. Humans can also be vectors for invasive plants when off-refuge seeds cling to their clothing, footwear, or equipment and are deposited on the refuge. Once established, some invasive plants can out-compete native plants, thereby altering habitats and indirectly impacting wildlife. The threat of invasive plant establishment requires annual monitoring and treatment when necessary.


Bicycling may also result in long-term beneficial impacts to the visitor experience and the mission of the National Wildlife Refuge System. As a secondary use which supports the six priority wildlife-dependent recreational uses, bicycling increase the visitors understanding and appreciation of wildlife and their habitat needs as well as the role of the National Wildlife Refuge System in resource conservation. Cumulative Impacts: Based on observations and knowledge of the areas involved, there are no adverse cumulative impacts expected to result from bicycling. Animals that do not become accustomed to the disturbance from bicycling may move to the areas of the refuge that are closed to the public and/or areas free of disturbance. The refuges do not have high numbers of visitation and there are many areas free of disturbance for wildlife to retreat to if needed. With designated trails following administrative/service roads cumulative impacts of soil compaction and maintenance are not a concern in those areas. The refuges do not have high numbers of visitation, therefore adverse cumulative impacts off administrative/service roads is not expected. Exploring the refuge by bicycling rather than driving motor vehicles may reduce the carbon footprint of the visitor services program resulting in fewer emissions of gases that can affect climate change. Bicycling occurs in conjunction with wildlife observation and photography, each of which will ultimately result in beneficial cumulative impacts by increasing public awareness about conservation issues and the National Wildlife Refuge System. Ultimately, this will benefit the Service’s mission and the refuge purpose. PUBLIC REVIEW AND COMMENT: A public comment period of 2 weeks will be conducted for this document. There are no extraordinary circumstances.

DETERMINATION: ________ Use is not compatible ____X__ Use is Compatible with the following stipulations: STIPULATIONS NECESSARY TO ENSURE COMPATIBILITY: To insure compatibility with the National Wildlife Refuge System and the refuge goals and objectives, bicycling on the refuge may only occur under the following conditions:

1. The service will allow bicycling in areas open to the public during daylight hours. 2. The service will regulate times, areas, and conditions for bicycling. This can also include

short-term or long-term closure of areas open to cycling due to unusual or critical conditions affecting land, water, habitat, wildlife populations, the quality of the visitor experience or visitor safety.


4. The service will not allow harassment or feeding of wildlife.


5. The service will require that all pets be handled in accordance with the refuge pet policy. 6. Over the 10-15-year life of the CD, the service will assess the carrying capacity of the

hiking program and determine the optimal management that will provide visitors with high quality wildlife viewing opportunities while maintaining a balance between wildlife disturbance and an outstanding visitor experience.

JUSTIFICATION: Bicycling occurs on the refuge as a secondary use that facilitates the primary wildlife-dependent recreation uses defined by the National Wildlife Refuge System Improvement Act of 1997. For some visitors bicycling facilitates hunting, fishing, environmental education, interpretation, wildlife observation, and wildlife photography. Bicycling as described above is consistent with the management direction provided in the CCP. Bicycling will not conflict with any of the other priority public uses and in fact is integral to many of them. Bicycling will not adversely impact biological resources. Therefore, through the compatibility determination process, we have determined that bicycling, in accordance with the stipulations provided above, is a compatible use that will not materially interfere with or detract from the fulfillment of the Refuge System mission or the purposes of the refuge.

Signature: Refuge Manager ___________________________ (Signature and Date) Concurrence: Regional Chief ___________________________

(Signature and Date) Mandatory 10 year Re-Evaluation Date: __2027__________

Compatibility Determination for Scientific Research on San Bernardino and Leslie Canyon NWR 1


USE: Scientific Research REFUGE NAME: San Bernardino Leslie Canyon National Wildlife Refuge ESTABLISHING and ACQUISITION AUTHORITY(IES): San Bernardino NWR was established on April 1, 1982 and Leslie Canyon NWR was established on May 31, 1988 to help protect the fish and wildlife associated with the Río Yaqui watershed. Both refuges were established under the authority of the Endangered Species Act of 1973 and the Fish and Wildlife Act of 1956 in order to “...conserve fish or wildlife which are listed as endangered species or threatened species...or plants.” REFUGE PURPOSE(S): The San Bernardino and Leslie Canyon NWRs, located in Cochise County Arizona, were set aside to conserve fish and wildlife species that are listed as threatened or endangered. Specifically to protect: Yaqui Catfish, Yaqui Topminnow, Yaqui Chub, and Beautiful Shiner habitat. NATIONAL WILDLIFE REFUGE SYSTEM MISSION: “The mission of the 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 System Improvement Act of 1997, Public Law 105-57). DESCRIPTION OF USE: What is the use? Scientific research that benefits the refuge has been found to be an appropriate use. Scientific research is conducted by outside authorities in accordance with refuge regulations, goals and objectives periodically throughout the year. All proposed scientific research is evaluated on a case-by-case basis before approval is granted to ensure compatibility. This activity is not a priority public use of the Refuge System, and it requires a special use permit (SUP) and, Endangered Species Act compliance, if necessary.

Where is the use conducted? This use may occur refuge-wide and specific locations will be described in the individual special use permits. When is the use conducted? Scientific research can occur year-round. Timeframes vary depending on the research proposal and restrictions imposed in the individual SUP and Endangered Species Act compliance documents, if required. How is the use conducted?


The applicant is required to formally request a SUP from the refuge manager. The refuge manager evaluates each research proposal based on the following criteria 1) viability of research, 2) contributions to refuge resources and management implications, and 3) impacts on refuge resources (including federally listed species). Decisions to allow or not allow the research are based on current refuge management needs and professional judgment of refuge staff. The SUP includes specific restrictions on the allowable timing, location, and methods of scientific research.

Why is this use being proposed? Scientific research provides information to improve refuge management. Service staff time and funding are generally limited. Scientific researchers provide additional expertise and information needed to make better informed resource management decisions. AVAILABILITY OF RESOURCES: Oversight of scientific research requires a substantial commitment of refuge staff time. The resources that are necessary to provide and administer this use are already available within current and anticipated refuge budgets. Staff time associated with the administration of this use is primarily related to interactions with individuals who request the use, the issuance of special use permits, and monitoring of the projects impacts to refuge resources. Anticipated Impacts of the Use: Short and Long-Term Impacts: Some scientific research proposals may have some short-term adverse impacts (wildlife disturbance, vegetation trampling, and/or soil compaction); however, the refuge tries to minimize impacts through stipulations incorporated into each SUP. Based on past and ongoing research proposals the refuge has determined that the frequency and duration of these uses do not result in unacceptable impacts on refuge resource. Cumulative Impacts: No adverse cumulative effects are expected to result from scientific research occurring on the refuge. Ultimately, scientific information adds to a body of knowledge that informs better management decisions. More effective management of refuge resources should result in beneficial cumulative impacts on refuge resources in the long-term. PUBLIC REVIEW AND COMMENT: A public comment period of 2 weeks will be conducted for this document. There are no extraordinary circumstances. DETERMINATION: ___ Use is Not Compatible _X_ Use is Compatible with Following Stipulations


STIPULATIONS NECESSARY TO ENSURE COMPATIBILITY: Current and future research will be evaluated on a case-by-case basis to determine if the project supports refuge and Service goals and if the project will be beneficial to refuge purposes. Project specific stipulations will be defined in individual (SUPs). JUSTIFICATION: We have determined that the benefit received from information gathered from scientific research outweighs any minor short-term adverse impacts that may. This activity will not conflict with any of the other priority public uses or adversely affect biological resources. Therefore, through the compatibility determination process, San Bernardino and Leslie Canyon National Wildlife Refuge has determined that scientific research, 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. Signature: Refuge Manager ___________________________ (Signature and Date) Concurrence: Regional Chief ___________________________ (Signature and Date) Mandatory 10-year Re-Evaluation Date: _2027__________

Compatibility Determination for horseback riding on San Bernardino and Leslie Canyon NWR 1


USE: Horseback riding REFUGE NAME: San Bernardino and Leslie Canyon National Wildlife Refuges (NWR) ESTABLISHING and ACQUISITION AUTHORITY (IES): San Bernardino NWR was established on April 1, 1982 and Leslie Canyon NWR was established on May 31, 1988 to help protect the fish and wildlife associated with the Río Yaqui watershed. Both refuges were established under the authority of the Endangered Species Act of 1973 and the Fish and Wildlife Act of 1956 in order to “...conserve fish or wildlife which are listed as endangered species or threatened species...or plants.” REFUGE PURPOSE(S): The San Bernardino and Leslie Canyon NWRs, located in Cochise County Arizona, were set aside to conserve fish and wildlife species that are listed as threatened or endangered. Specifically to protect: Yaqui Catfish, Yaqui Topminnow, Yaqui Chub, and Beautiful Shiner habitat. NATIONAL WILDLIFE REFUGE SYSTEM MISSION: “The mission of the 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 System Improvement Act of 1997, Public Law 105-57). DESCRIPTION OF USE: What is the Use? Horseback riding: Although horseback riding is not a priority, horseback riding is a historic local activity that predates the establishment of the refuge and it has been allowed on the refuge. Although horseback riding is not a priority public use as defined by the National Wildlife Refuge System Improvement Act of 1997, it is supportive of wildlife-dependent recreational uses, including wildlife observation and photography. Where is the use conducted? No off-road horseback riding is permitted anywhere on the refuges. San Bernardino NWR: Is not open to public motorized vehicle use. Black Draw Trail is a designated 2.2 mile trail which utilizes administrative/service roads and includes an observation deck. Leslie Canyon NWR: While some of Leslie Canyon is closed year round to the public, some of the refuge is open year round. Leslie Canyon Trail is a designated 2 mile trail which utilizes administrative/service roads. See attachment A for open and closed areas of Leslie Canyon.


When is the use conducted? Horseback riding is allowed and occurs throughout the year, during daylight hours only. Public entry to portions or all of the refuge may be suspended due to unusual or critical conditions affecting land, water, habitat, wildlife populations, and the quality of the visitor experience or visitor safety. Areas that are open or closed to public entry are determined based first on the needs of wildlife and habitat protection. The refuge is a dynamic environment and thus short- and long-term changes to public uses like wildlife observation, photography, and horseback riding may be necessary to protect the wildlife and habitat and provide high quality recreational experiences for the public. How is the use conducted? Visitors are allowed to bring horses to the refuge and use them as a means of transportation to engage in wildlife-dependent recreation while in compliance with refuge regulations. Organized riding groups are required to obtain a special use permit in advance of their planned activity. Why is the use being proposed? Horseback riding offers an environmentally sustainable means of transportation and facilitates participation in wildlife-dependent recreation. This activity occurs on the refuge in support of wildlife observation and wildlife photography. AVAILABILITY OF RESOURCES: For horseback riding to remain a high quality activity, the refuge must maintain service roads, designated trails, and restrooms used by the public. Additionally, funds must be expended to plan for visitor use, develop and print illustrated media, replace signs, and update websites. Availability of refuge resources is dependent upon refuge staffing and budget allocations. ANTICIPATED IMPACTS OF THE USE: Horseback riding occurs only upon gravel roads (Leslie Canyon Rd, Leslie Canyon Trail, Black Draw Trail, San Bernardino service roads). Short and Long-term Impacts: Horseback riding can cause minor short-term disturbance. Facilitating riding may result in some environmental impacts to the refuge, its habitat, and wildlife species. Allowing visitors to ride open areas of the refuges may result in some soil compaction, erosion, trampling of vegetation, littering and disturbance to wildlife. The possibility of riders dropping litter along their way is remedied by the work of staff and volunteers, whose duties include removing litter. The designated trails on administrative/service roads were constructed in part to funnel visitor use and prevent these impacts from occurring across larger areas of habitat, thus protecting the majority of refuge habitat from degradation and providing wildlife areas free from disturbance. Additionally, invasive species of plants can erupt in areas from seeds deposited from fecal matter. Once established, some invasive plants can out-compete native plants, thereby altering


habitats and indirectly impacting wildlife. The threat of invasive plant establishment requires annual monitoring and treatment when necessary. These potential impacts are minimized due to horseback riding being an uncommon activity. The refuge believes that with the proper management, horseback riding will not result in any short or long-term impacts that will adversely affect the purpose of the refuge or the mission of the National Wildlife Refuge System. Horseback riding may also result in long-term beneficial impacts to the visitor experience and the mission of the National Wildlife Refuge System. As a public use which supports the six priority wildlife-dependent recreational uses, horseback riding increases the visitors understanding and appreciation of wildlife and their habitat needs as well as the role of the National Wildlife Refuge System in resource conservation. Cumulative Impacts: Based on observations and knowledge of the areas involved, there are no adverse cumulative impacts expected to result from horseback riding. With designated trails following administrative/service roads cumulative impacts of soil compaction and maintenance are not a concern in those areas. The refuges do not have high numbers of visitation, therefore adverse cumulative impacts off administrative/service roads is not expected. Exploring the refuge by horseback rather than driving motor vehicles may reduce the carbon footprint of the visitor services program resulting in fewer emissions of gases that can affect climate change. Horseback riding occurs in conjunction with wildlife observation and photography, each of which will ultimately result in beneficial cumulative impacts by increasing public awareness about conservation issues and the National Wildlife Refuge System. Ultimately, this will benefit the Service’s mission and the refuge purpose. PUBLIC REVIEW AND COMMENT: A public comment period of 2 weeks will be conducted for this document. There are no extraordinary circumstances.

DETERMINATION: ________ Use is not compatible ____X__ Use is Compatible with the following stipulations: STIPULATIONS NECESSARY TO ENSURE COMPATIBILITY: To insure compatibility with the National Wildlife Refuge System and the refuge goals and objectives, horseback riding on the refuge may only occur under the following conditions:

1. The service will allow horseback riding in areas open to the public during daylight hours. 2. The service will regulate times, areas, and conditions for riding. This can also include

short-term or long-term closure of areas open to riding due to unusual or critical


conditions affecting land, water, habitat, wildlife populations, the quality of the visitor experience or visitor safety.


4. The service will not allow harassment or feeding of wildlife. 5. The service will require that all pets be handled in accordance with the refuge pet policy. 6. Over the 10-15-year life of the CD, the service will assess the carrying capacity of the

riding program and determine the optimal management that will provide visitors with high quality wildlife viewing opportunities while maintaining a balance between wildlife disturbance and an outstanding visitor experience.

JUSTIFICATION: Horseback riding occurs on the refuge as a supportive use that facilitates the primary wildlife-dependent recreation uses defined by the National Wildlife Refuge System Improvement Act of 1997. For some visitors riding facilitates hunting, fishing, environmental education, interpretation, wildlife observation, and wildlife photography. Horseback riding as described above is consistent with the management direction provided in the CCP. Horseback riding will not conflict with any of the other priority public uses and in fact is connected to many of them. Horseback riding as described will not adversely impact biological resources. Therefore, through the compatibility determination process, we have determined that horseback riding, in accordance with the stipulations provided above, is a compatible use that will not materially interfere with or detract from the fulfillment of the Refuge System mission or the purposes of the refuge.

Signature: Refuge Manager ___________________________ (Signature and Date) Concurrence: Regional Chief ___________________________

(Signature and Date) Mandatory 10 year Re-Evaluation Date: __2027__________

ATTACHMENT A

CE Checklist for 2017 CDs.pdfEAS _wo_wp_h_sr_ee.pdfEAS _horses_bikes.pdfCD WO-WP 10-18-17.pdfUSE: Wildlife Observation and Wildlife Photography

CD HIKING 10-18-17.pdfUSE: Hiking

CD EE.pdfUSE: Environmental EducationREFUGE NAME: San Bernardino and Leslie Canyon National Wildlife Refuges NWR.

CD Bicycling.pdfUSE: Bicycling

CD Scientific Research.pdfUSE: Scientific Research

CD horseback riding.pdfUSE: Horseback riding

ATTACHMENT A.pdf

categorical exclusion nepa compliance checklistleslie canyon road is a county maintained road which...

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