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U.S. Fish and Wildlife Service Final Environmental Impact Statement Double-crested Cormorant Management in the United States U.S. Department of Interior Fish and Wildlife Service “Working with others to conserve, protect, and enhance fish, wildlife, and plants and their habitats for the continuing benefit of the American people” in cooperation with U.S. Department of Agriculture APHIS Wildlife Services “Providing leadership in wildlife damage management in the protection of America’s agricultural, industrial and natural resources, and safeguarding public health and safety” 2003 i FINAL ENVIRONMENTAL IMPACT STATEMENT: Double-crested Cormorant Management RESPONSIBLE AGENCY: Department of the Interior U.S. Fish and Wildlife Service COOPERATING AGENCY: Department of Agriculture Animal and Plant Health Inspection Service Wildlife Services RESPONSIBLE OFFICIAL: Steve Williams, Director U.S. Fish and Wildlife Service Main Interior Building 1849 C Street Washington, D.C. 20240 FOR FURTHER INFORMATION CONTACT: Shauna Hanisch, EIS Project Manager Division of Migratory Bird Management U.S. Fish and Wildlife Service 4401 N. Fairfax Drive MS-MBSP-4107 Arlington, Virginia 22203 (703) 358-1714 Brian Millsap, Chief Division of Migratory Bird Management U.S. Fish and Wildlife Service 4401 N. Fairfax Drive MS-MBSP-4107 Arlington, Virginia 22203 (703) 358-1714 ii SUMMARY Populations of Double-crested Cormorants have been increasing rapidly in many parts of the U.S. since the mid-1970s. This abundance has led to increased conflicts, both real and perceived, with various biological and socioeconomic resources, including recreational fisheries, other birds, vegetation, and hatchery and commercial aquaculture production. This document describes and evaluates six alternatives (including the proposed action) for the purposes of reducing conflicts associated with cormorants, enhancing the flexibility of natural resource agencies to deal with cormorant conflicts, and ensuring the long-term conservation of cormorant populations. There are four chapters that make up the critical components of an Environmental Impact Statement. Chapter 1, Purpose and Need, describes the purpose of and need for the action. Chapter 2, Alternatives, describes the six management alternatives that we considered: (1) Continue current cormorant management practices (No Action); (2) implement only non-lethal management techniques; (3) expand current cormorant damage management practices; (4) establish a new depredation order to address public resource conflicts (PROPOSED ACTION); (5) reduce regional cormorant populations; and (6) establish frameworks for a cormorant hunting season. Chapter 3, Affected Environment, introduces the reader to the environmental categories upon which the analysis of alternatives in chapter 4 is based: cormorant populations, fish, other birds, vegetation, Federally-listed Threatened and Endangered species, water quality and human health, economic impacts, fish hatcheries and environmental justice, property losses, and existence and aesthetic values. Chapter 4, Environmental Consequences, analyzes the predicted impacts of each alternative on the environmental categories outlined in chapter 3 and in comparison to the No Action alternative. The environmental analysis presented in Chapter 4 indicates that the PROPOSED ACTION: will cause the estimated take of <160,000 DCCOs, which is not predicted to have a significant negative impact on regional or continental DCCO populations; will cause localized disturbances to other birds but these can be minimized by taking preventive measures, leading to the action having beneficial effects overall; will help reduce localized fishery and vegetation impacts; will not adversely affect any Federally-listed species; is likely to help reduce localized water quality impacts; will help reduce depredation of aquaculture and hatchery stock; is not likely to significantly benefit recreational fishing economies or commercial fishing; may indirectly reduce property damages; and will have variable effects on existence and aesthetic values, depending on perspective. iii TABLE OF CONTENTS CHAPTER 1: PURPOSE OF AND NEED FOR ACTION.............................................................1 1.1 Introduction...................................................................................................................1 1.2 Purpose of Action..........................................................................................................2 1.3 Need for Action.............................................................................................................2 1.3.1 Biological...................................................................................................2 1.3.2 Socioeconomic...........................................................................................3 1.4 Background Information...............................................................................................3 1.4.1 Lead and Cooperating Agencies................................................................3 1.4.2 Policy, Authority, and Legal Compliance.................................................3 1.4.3 Other Considerations.................................................................................6 1.4.4 Cormorant Management Practices............................................................8 1.4.5 The Role of Other Agencies in Cormorant Management.......................11 CHAPTER 2: ALTERNATIVES...................................................................................................13 2.1 Introduction..................................................................................................................13 2.2 Rationale for Alternative Design.................................................................................13 2.3 Proposed Action...........................................................................................................13 2.4 Description of Alternatives..........................................................................................13 2.4.1 Alternative A: No Action.............................................................................13 2.4.2 Alternative B: Non-lethal Management.......................................................15 2.4.3 Alternative C: Increased Local Damage Control.........................................16 2.4.4 Alternative D: Public Resource Depredation Order (PROPOSED ACTION) ..............................................................................................................................17 2.4.5 Alternative E: Regional Population Reduction...........................................18 2.4.6 Alternative F: Regulated Hunting...............................................................19 2.5 Alternatives Considered but Eliminated from Detailed Study....................................19 2.5.1 No Management..........................................................................................19 2.5.2 Rescindment of MBTA Protection..............................................................19 2.6 Comparison of Alternatives.........................................................................................19 CHAPTER 3: AFFECTED ENVIRONMENT...............................................................................22 3.1 Introduction..................................................................................................................22 3.2 Biological Environment...............................................................................................22 3.2.1 Double-crested Cormorants.........................................................................22 3.2.2 Fish...............................................................................................................31 3.2.3 Other Birds...................................................................................................35 3.2.4 Vegetation....................................................................................................38 3.2.5 Federally-listed Species...............................................................................38 3.3 Socioeconomic Environment.......................................................................................39 3.3.1 Water Quality and Human Health...............................................................39 3.3.2 Economic Environment...............................................................................40 3.3.3 Fish Hatcheries and Environmental Justice................................................45 3.3.4 Property Losses...........................................................................................46 3.3.5 Existence and Aesthetic Values..................................................................46 3.3.6 Issues Raised but Eliminated from Detailed Study....................................47 CHAPTER 4: ENVIRONMENTAL CONSEQUENCES.............................................................51 4.1 Introduction.................................................................................................................51 iv 4.2 Environmental Analysis of Alternatives....................................................................52 4.2.1 Impacts to Double-crested Cormorants.......................................................52 4.2.2 Impacts to Fish............................................................................................59 4.2.3 Impacts to Other Birds................................................................................66 4.2.4 Impacts to Vegetation.................................................................................75 4.2.5 Impacts to Federally-listed Species...........................................................78 4.2.6 Impacts to Water Quality and Human Health............................................80 4.2.7 Economic Environment..............................................................................82 4.2.8 Impacts to Hatcheries and Environmental Justice......................................92 4.2.9 Impacts to Property Losses..........................................................................95 4.2.10 Impacts to Existence and Aesthetic Values..............................................96 4.3 Further Discussion of Alternatives..............................................................................98 4.3.1 Alternative A: No Action............................................................................98 4.3.2 Alternative B: Non-lethal Management....................................................100 4.3.3 Alternative C: Increased Local Damage Control......................................101 4.3.4 Alternative D: Public Resource Depredation Order (PROPOSED ACTION) ............................................................................................................................103 4.3.5 Alternative E: Regional Population Reduction.........................................105 4.3.6 Alternative F: Regulated Hunting.............................................................106 4.3.7 Mitigating Measures.................................................................................107 CHAPTER 5: LIST OF PREPARERS.........................................................................................114 CHAPTER 6: CONSULTATION AND COORDINATION AGENCIES..................................116 6.1 Introduction...............................................................................................................116 6.2 Issues of Concern and Management Options Identified During Scoping................116 6.3 Public Comments Expressed During the DEIS Comment Period............................117 6.4 List of Agencies, Organizations, and Individuals.....................................................119 CHAPTER 7: PUBLIC COMMENT ON DEIS AND RESPONSE...........................................121 CHAPTER 8: REFERENCES CITED........................................................................................139 APPENDICES Appendix 1: List of Scientific Names Appendix 2: Distribution of DCCO Breeding Colonies in North America Appendix 3: DCCO Foraging Behavior at Aquaculture Facilities Appendix 4: DCCO Management Techniques Appendix 5: Methodology for Estimating Take under the Aquaculture Depredation Order Appendix 6: Discussion of Fishery Impacts Appendix 7: Guidelines for Distinguishing DCCOs from Anhingas and Neotropic Cormorants Appendix 8: Overview of Aquaculture Production in 13 States Appendix 9: Costs of Control Methods and Techniques Appendix 10: Comparison Tables Using Christmas Bird Count Data Appendix 11: Public Scoping Report 1 – Chapter 1 CHAPTER 1: PURPOSE OF AND NEED FOR ACTION 1.1 Introduction The persistence of conflicts associated with Double-crested Cormorants (hereafter, DCCOs or cormorants; see Appendix 1 for a list of scientific names), widespread public and agency dissatisfaction with the status quo, and the desire to develop a more consistent and effective management strategy for DCCOs led the U.S. Fish & Wildlife Service (Service or we) to reexamine, and if deemed necessary, to amend our policies and practices for the management of cormorants in the contiguous United States. We chose to prepare an Environmental Impact Statement (EIS), as suggested by National Environmental Policy Act (NEPA) guidelines, including: (1) Council on Environmental Quality (CEQ) regulations in 40 CFR 1508.18, which define a “major Federal action” as “adoption of formal plans, such as official documents prepared or approved by Federal agencies which guide or prescribe alternative uses of Federal resources, upon which future agency actions will be based;” and (2) Service policy in section 550FW 3.3B(2) which states that criteria triggering the preparation of an EIS include precedent-setting actions with wide-reaching or long-term implications, changes in Service policy having a major positive or negative environmental effect, and/or conflicts with local, regional, State or Federal proposed or adopted plans or policies. As stated in 40 CFR 1502.1, the purpose of an EIS is to provide a detailed explanation of the significant environmental consequences, both good and bad, of a proposed action. This explanation includes significant effects on the natural, economic, social, and cultural resources of the affected environment. An EIS is to be prepared to inform decision-makers and the public of the proposed action and its reasonable alternatives. It should focus on significant environmental issues. This Final EIS (FEIS) identifies and provides an evaluation of six alternative approaches for managing DCCOs, including the proposed action (Alternative D). Each alternative is analyzed based on anticipated impacts to various biological and socioeconomic impact areas. This FEIS is a comprehensive, programmatic plan intended to guide and direct DCCO management activities in the 48 States (excluding Hawaii and Alaska). Where NEPA analysis is suggested or required for site-specific control projects carried out under the guidance of this document, analyses would “tier to” or reference the FEIS. Site-specific NEPA analysis would focus on issues, alternatives, and environmental effects unique to the project. Because of the important role of the Wildlife Services program of the USDA Animal and Plant Health Inspection Service (APHIS/WS) in DCCO management and research, and the need for interagency coordination in developing future cormorant management strategies, this FEIS is being prepared cooperatively by the Service and APHIS/WS. This section of the FEIS discusses the purpose of and need for the action, gives background information on the lead and cooperating agencies and the legal and policy context of the action, describes current DCCO management activities, and summarizes public involvement in this issue. 2 – Chapter 1 1.2 Purpose of Action In recent years, increasing populations of DCCOs have led to growing concern from the public and natural resource management professionals about impacts of DCCOs on various human and natural resources. Based on internal and interagency scoping and the direction set forth in 40 CFR 1508.18 and 550 FFW3.3B (described in further detail below), we published a Notice of Intent in the Federal Register on November 8, 1999 (64 FR 60826) announcing that we would prepare, in cooperation with APHIS/WS, an EIS and national management plan “to [address] impacts caused by population and range expansion of the double-crested cormorant in the contiguous United States.” The purpose of the proposed action is threefold: to reduce resource conflicts associated with DCCOs in the contiguous United States, to enhance the flexibility of natural resource agencies in dealing with DCCO-related resource conflicts, and to ensure the long-term conservation of DCCO populations. 1.3 Need for Action While cormorant-human conflicts are not new, from either a historical or a global perspective (Siegel-Causey 1999; Hatch 1995, van Eerden et al. 1995, Wires et al. 2001), the DCCO’s rapid population increase over the past 25 years has brought these conflicts in the U.S. to the point of justifying greater management attention. There is a need for the Service to allow others to conduct DCCO control to limit negative impacts to the maximum extent practicable. The issue of “need” can also be considered from the perspective of other agencies and parties with a stake in DCCO management. APHIS/WS issued a position statement emphasizing the need for scientifically-based DCCO population reduction in order to reduce impacts to aquaculture producers and other resources. Of the 27 States that commented during the public scoping period, 16 of these expressed desire for increased management flexibility and/or greater population management of DCCOs. Many non-agency stakeholders also stated that there is a need for increased DCCO control to reduce resource impacts. 1.3.1 Biological The recent increase in the North American DCCO population, and subsequent range expansion, has been well-documented (Scharf and Shugart 1981, Milton and Austin- Smith 1983, Buckley and Buckley 1984, Hatch 1984, Ludwig 1984, Blokpoel and Harfenist 1986, Price and Weseloh 1986, Roney 1986, Craven and Lev 1987, Hobson et al. 1989, Hatch 1995, Weseloh et al. 1995, Glahn et al. 1999, Tyson et al. 1999, Hatch and Weseloh 1999, Wires et al. 2001). There is a need to reduce the biological impacts resulting from this population increase which include: adverse effects on other bird species through habitat destruction, exclusion, and/or nest competition; declines in fish populations associated with DCCO predation; destruction of vegetation, particularly where DCCOs nest; and predation on Federally-listed fish species. There is a need to provide for localized variation in DCCO control because the occurrence and severity of these impacts varies from region to region. 3 – Chapter 1 1.3.2 Socioeconomic Socioeconomic impacts include economic losses to aquaculture producers, commercial fisheries, and fishing-related businesses; losses to private resources (including fish in private lakes and damaged trees); and compromised water quality. As with biological impacts, the occurrence and severity of these impacts varies from region to region. There is a need to reduce these impacts. 1.4 Background Information 1.4.1 Lead and Cooperating Agencies USDI Fish and Wildlife Service. The primary responsibility of the Service is fish, wildlife, and plant conservation. Our mission is “working with others to conserve, protect, and enhance fish, wildlife, and plants and their habitats for the continuing benefit of the American people.” While some of the Service's responsibilities are shared with other Federal, State, Tribal, and local entities, we have special authorities in managing the National Wildlife Refuge System; conserving migratory birds, endangered species, certain marine mammals, and nationally significant fisheries; and enforcing Federal wildlife laws. The Division of Migratory Bird Management mission is “providing global leadership in the conservation and management of migratory birds for present and future generations.” One of the Service’s long-term goals, as stated in the 2000-2005 Service Strategic Plan, is “migratory bird conservation.” The purpose of this goal is “to improve the status of migratory bird populations that have evidenced decline or other significant problems, including overabundance.” USDA Animal and Plant Health Inspection Service-Wildlife Services. The Wildlife Services program of the U.S. Department of Agriculture Animal and Plant Health Inspection Service (APHIS/WS) is responsible for managing conflicts with and damages caused by wildlife, including migratory birds. APHIS/WS' mission is to “provide leadership in wildlife damage management in the protection of America's agricultural, industrial and natural resources, and to safeguard public health and safety.” This is accomplished through: training of wildlife damage management professionals; development and improvement of strategies to reduce economic losses and threats to humans from wildlife; collection, evaluation, and dissemination of management information; cooperative wildlife damage management programs; informing and educating the public on how to reduce wildlife damage and; providing data and a source for limited use management materials and equipment, including pesticides (USDA-APHIS 1989). 1.4.2 Policy, Authority, and Legal Compliance Migratory Bird Treaty Act of 1918, as amended (16 U.S.C. 703-711: 40 Stat. 755). The Service has the primary statutory authority to manage migratory bird populations in the United States, authority which comes from the Migratory Bird Treaty Act (MBTA). The original treaty was signed by the U.S. and Great Britain (on behalf of Canada) in 1918 and imposed certain obligations on the U.S. for the conservation of migratory birds, including the responsibilities to: conserve and manage migratory birds internationally; sustain healthy migratory bird populations for consumptive and non-consumptive uses; and restore depleted populations of migratory birds. Conventions with Mexico, Japan, 4 – Chapter 1 and Russia occurred in later years. The cormorant taxonomic family, Phalacrocoracidae, and 31 other families were added to the List of Migratory Birds (that is, those bird species protected by the MBTA) in 1972 as a result of an amendment to the 1936 “Convention between the United States of America and the United Mexican States for the Protection of Migratory Birds and Game Mammals” (23 U.S.T. 260, T.I.A.S. 7302). Thus, since 1972, DCCOs have been a trust resource managed by the Service for the American people under the authority of the MBTA. Animal Damage Control Act of 1931 and Rural Development, Agriculture, and Related Agencies Appropriations Act of 1988 (7 U.S.C. 426-426c; 46 Stat. 1468). The U.S. Department of Agriculture is directed by law to protect American agriculture and other resources from damage associated with wildlife. The primary statutory authority for the APHIS/WS program is the Animal Damage Control Act of March 2, 1931 (7 U.S.C. 426-426c; 46 Stat. 1468), as amended in the Fiscal Year 2001 Agriculture Appropriations Bill, which provides that: The Secretary of Agriculture may conduct a program of wildlife services with respect to injurious animal species and take any action the Secretary considers necessary in conducting the program. The Secretary shall administer the program in a manner consistent with all of the wildlife services authorities in effect on the day before the date of the enactment of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2001. Since 1931, with the changes in societal values, APHIS/WS policies and programs place greater emphasis on the part of the Act discussing “bringing [damage] under control,” rather than “eradication” and “suppression” of wildlife populations. In 1988, Congress strengthened the legislative mandate of APHIS/WS with the Rural Development, Agriculture, and Related Agencies Appropriations Act. This Act states, in part: That hereafter, the Secretary of Agriculture is authorized, except for urban rodent control, to conduct activities and to enter into agreements with States, local jurisdictions, individuals, and public and private agencies, organizations, and institutions in the control of nuisance mammals and birds and those mammal and bird species that are reservoirs for zoonotic diseases, and to deposit any money collected under any such agreement into the appropriation accounts that incur the costs to be available immediately and to remain available until expended for Animal Damage Control activities. Endangered Species Act (ESA), as amended (7 U.S.C. 136; 16 U.S.C. 460 et seq.). It is Federal policy, under the ESA, that all Federal agencies seek to conserve threatened and endangered species and utilize their authorities in furtherance of the purposes of the Act (Sec.2(c)). In accordance with section 7 of the Act, the Service has prepared a Biological Evaluation and conducted informal consultation with the Service Endangered Species Program to evaluate Federally-listed species that may be affected by the proposed action. National Environmental Policy Act of 1969 (NEPA), as amended (42 U.S.C. 4321-4347). NEPA is our national charter for protection of the environment; it requires Federal agencies to evaluate the potential environmental impacts when planning a major Federal action and ensures that environmental information is available to public officials and citizens before decisions are made and before actions are taken. 5 – Chapter 1 In general, the NEPA process entails: determining what need must be addressed; identifying alternative ways of meeting the need; analyzing the environmental impacts of each alternative; and deciding which alternative to pursue and how. While NEPA does not place environmental protection over all other public values, it does require a thorough consideration of the environmental impacts associated with management actions. NEPA neither requires a particular outcome nor that the “environmentally-best” alternative is selected. It mandates a process for thoroughly considering what an action may do to the human environment and how any adverse impacts can be mitigated (http://npi.org/nepa/process.html). More specifically, there are seven major steps in the planning process for the development of an EIS and the implementation of the proposed action. These include: 1) Publication of Notice of Intent – The Notice of Intent to prepare an Environmental Impact Statement and national cormorant management plan was published in the Federal Register (64 FR 60826) on November 8, 1999. This initiated the scoping process. 2) Identification of Issues and Concerns – The Notice of Intent solicited public participation in the scoping process, which is the chief way that issues, concerns, and potential management options are communicated from the public to the lead agency. In addition to writing or e-mailing comments, citizens could attend any of twelve public meetings held across the country. The scoping period ended on June 30, 2000. All comments were read, compiled, and summarized in a public scoping report. 3) Development of Alternatives – Following scoping, six alternatives were developed to offer a range of options for managing DCCOs. These were based on NEPA regulations, public comments, interagency meetings, internal discussion, and review of available scientific information. 4) Analysis of Environmental Effects – After significant issues and alternatives were established, the environmental analysis was prepared in order to help the public and decision-makers understand the environmental consequences of the various alternatives. 5) Publication of Notice of Availability of Draft Environmental Impact Statement – The notice of availability for the DEIS was published in the Federal Register on December 3, 2001 (66 FR 60218) and announced the completion of the DEIS and its availability for public review. It was followed by 10 public meetings and a 100-day comment period. 6) Publication of Notice of Availability of Final Environmental Impact Statement – This Federal Register publication follows the public comment period for the DEIS and announces the completion of the Final EIS, followed by a 30-day waiting period. 7) Publication of Record of Decision – This is the final step of the EIS decision-making process, which states the selected alternative and why it was chosen. The actions associated with the EIS cannot be taken until the Record of Decision is issued. 6 – Chapter 1 Environmental Justice and Executive Order 12898. Executive Order 12898, entitled “Federal Actions to Address Environmental Justice in Minority Populations and Low- Income Populations,” promotes the fair treatment of people of all races, income levels and cultures with respect to the development, implementation and enforcement of environmental laws, regulations and policies. Environmental justice is the pursuit of equal justice and protection under the law for all environmental statutes and regulations without discrimination based on race, ethnicity, or socioeconomic status. Executive Order 13186. Executive Order 13186, entitled “Responsibilities of Federal Agencies to Protect Migratory Birds,” directs any Federal agency whose actions have a measurable negative impact on migratory bird populations to develop a Memorandum of Understanding (MOU) with the Service to promote conservation of migratory birds. The MOUs would identify positive actions that Federal agencies can apply to ensure their activities consider the conservation of migratory birds. The Executive Order (EO) also requires the Secretary of Interior to establish a Council for the Conservation of Migratory Birds to oversee implementation of the EO. The council will be composed of representatives from the Departments of Interior, Commerce, Agriculture, State, Transportation, Energy, and Defense; the Environmental Protection Agency; and other agencies as appropriate. 1.4.3 Other Considerations Conceptual Foundations. “Conceptual foundations” are the set of principles and assumptions that direct management activities (Anderson 1991). They influence how we interpret information, identify problems, and select approaches to their resolution (ISG 1999). Similarly, they are an expression of agency goals and philosophy, which guide management decisions. The following five statements form the conceptual foundations on which DCCO management is based: (1) DCCOs are an international migratory bird resource and as such they have inherent value regardless of their direct use to humans; (2) While DCCOs have undergone recent range expansions, they are native to North America; (3) DCCOs are predators that, while a natural part of the ecosystem, can compete with humans for fisheries, with consequences of varying ecological and socioeconomic significance; (4) DCCO populations have increased significantly in the past 25 years in North America and this increase has led to both real and perceived resource conflicts; (5) There are sound biological and socioeconomic rationales for developing a comprehensive DCCO management strategy in the U.S. Human Dimensions. Wildlife management is fundamentally a human, or social, construct. One popular introductory wildlife ecology text noted that, “the practice of wildlife management is rooted in the intermingling of human ethics, culture, [and] perceptions” (Robinson and Bolen 1989). As human populations have grown and placed greater demands on nature, and as human values toward wildlife resources have become increasingly diverse, the need to better understand the “human dimensions” side of 7 – Chapter 1 wildlife management has increased. Human dimensions entail “identifying what people think and do regarding wildlife, understanding why, and incorporating that insight into policy and management decision-making processes and programs” (Decker and Lipscomb 1991). Thus, human dimensions address the social nature of today’s natural resource problems (Manfredo et al. 1998), with particular relevance to “people-wildlife problems” in which the behavior of wildlife creates a negative impact for some stakeholders, or is perceived by some stakeholders as having adverse impacts (Decker and Chase 1997). In a paper discussing the “social causes of the cormorant revival in the Netherlands” (where Great Cormorants have become an overabundant species) the authors (van Bommel et al. 2003) stated: Ecological processes determine the potential cormorant population but social processes play a large role in determining the actual cormorant population. Ecological systems function within the subjective boundaries set by [people]… A problem situation can occur in which different parties disagree on the definition of these boundaries (Pretty 1995, Pimbert and Pretty 1995). This is often the case in nature conservation because ecosystems carry a high level of intrinsic uncertainty… When dealing with these uncertainties, people will have different views and opinions on reality. At a 1998 workshop on cormorant management in New York, participants agreed that human dimensions are important in the DCCO issue because: (1) economics and recreation are important factors; (2) it is an emotional issue that can cause polarization; and (3) it accentuates the conflict between politics and science-based management. For these reasons and others, the DCCO conflict can be viewed as a classic “people-wildlife problem,” entailing both biological and social elements. The social element is made prominent by the fact that, just as with other examples of abundant species management, from white-tailed deer to Canada Geese, public perception of the proper way to deal with the problem varies considerably. Conover (2002) wrote that the government’s role in wildlife management is “to regulate the harvest of wildlife by people, to restrict human behavior that would be detrimental to the wildlife resource, to conduct largescale management activities, and to manage wildlife for the benefit of society.” Naturally, the difficulty in doing so is because society is made up of diverse individuals who vary in their perceptions of wildlife and how they want that resource managed. When conflicts occur between wildlife and other resources that humans value, wildlife damage management decisions must be made; these are difficult decisions to make because stakeholder opinions are often highly polarized. In regard to societal expectations in natural resource controversies, the Great Lakes Fishery Resources Restoration Study (USFWS 1995), in a discussion on decision-making and public expectations, stated: When different segments of society place competing demands on nature, conflicts are inevitable and often contentious... Agencies and publics are often prevented from realizing resource potential when special interest groups fail to recognize public trust responsibilities…and the legitimacy and roles of other users. The director of the Montana Department of Fish, Wildlife, and Parks, in the July/August 2002 edition of Montana Outdoors, succinctly described the unique position of public agencies when he wrote: 8 – Chapter 1 Some have accused us of [being extreme], of being far too biased on one issue or another. Usually the charge comes from those who disagree with our position… The fact is, we’re rarely on the extreme ends of any issue. Nor should we be. We’re a public agency representing the diverse interests of all [Americans]. Not just the ones who yell the loudest. Not just the ones with the most money and political clout. And not just the ones who buy licenses. What that means is that we often take a moderate position on issues. If it appears that we ever go “too far” on any issue or policy, believe me when I say that I could always find a group of citizens angry that we didn’t go nearly far enough… No matter how hard we try, we won’t be able to make everyone happy. There will always be committed, well-meaning people on either side of an issue who think we either sold out and didn’t do enough—or that we went way too far. In sum, management of abundant wildlife populations is a particularly challenging aspect of wildlife conservation, one that demands that decision-makers consider a number of important biological and socioeconomic factors. As a public agency, the Service recognizes the importance of social, political, and economic factors in policy-making, but emphasizes that the foundation of the Service’s mission is fish and wildlife biology. Thus we are committed to pursuing biologically justified management strategies that are based on the best available science and, additionally, on the knowledge and experience of wildlife resource professionals. It is here where Romesburg’s (1981) advice that “science and planning are different kinds of decision-making” is most relevant. Planning is the domain of wildlife management and it: exposes alternative images of a future possible world to the decision-maker’s values, or preferences, and selects the best image…the images in planning are composed of scientific knowledge, common sense, rule-of- thumb knowledge, and theories that are as yet untested… Although science and planning share common tools, science and planning have different norms for certifying ideas, and hence criticism of these tools must take into account the domain of their use. The Service and APHIS/WS recognize both the controversial nature of DCCO management and the range of values reflected in public and professional views about best management actions. This FEIS reflects full consideration of the diverse views brought forth during public scoping and the DEIS comment period and provides an analytical foundation on which to base final management decisions. 1.4.4 Cormorant Management Practices Depredation Permits. While the MBTA provides migratory birds with protection from unauthorized take, it maintains a high degree of flexibility for dealing with human-bird conflicts (Trapp et al. 1995). According to the MBTA, the “take” of DCCOs is strictly prohibited except as allowed under the terms of a migratory bird permit or pursuant to regulations. Depredation permits to take DCCOs have been issued by the Service since 1986 and may allow the take of eggs, adults and young, or active nests. Guidelines governing permit issuance for migratory birds are authorized by the MBTA and subsequent regulations (50 CFR Parts 13 and 21). Specifically, Part 21.41 of Subpart D of these regulations outlines procedures for issuing permits for the control of depredating birds. These regulations state that all private individuals, organizations, and Federal and State agencies seeking to control migratory birds must file an application for a depredation permit that contains the following information: (1) a description of the area where depredations are occurring; (2) the nature of the crops or other interests being injured; (3) the extent of such injury; and 9 – Chapter 1 (4) the particular species of migratory birds committing the injury. Thus, Part 21.41 authorizes the take of migratory birds that are injuring “crops or other interests.” In issuing depredation permits, the Service has historically interpreted “other interests” to mean threatened and endangered species, property damage on private or public land, and human health and safety, although permits have been issued to protect natural resources. In 1990, Director’s Order No. 27 was instated which clarifies that the Service can issue depredation permits for migratory, fish-eating birds preying on fish aquaculture and hatchery facilities. APHIS/WS typically responds to requests for assistance with bird depredation and damage by collecting information on the type of resource being damaged, where the damage is occurring, the number and species of birds responsible for the damage, the economic losses resulting from the damage, and the control methods which have been used in attempting to resolve the damage. Based upon these evaluations, APHIS/WS personnel recommend an Integrated Damage Management approach for resolving bird depredation and damage conflicts, which could include providing recommendations to the Service for issuance of a depredation permit. While APHIS/WS provides recommendations to the Service for the issuance of migratory bird depredation permits to private entities in the cases of severe bird depredation and damage (Mastrangelo et al. 1997), the responsibility of issuing these permits rests solely with the Service (Trapp et al. 1995). In most States, a permit is also needed from the State fish and wildlife agency. APHIS/WS maintains a Management Information System (MIS) database documenting the assistance that the agency provides in resolving wildlife damage conflicts. A review of MIS data collected from FY 1995-2001 revealed that the agency responded to 1,916 technical assistance requests (“the provision of advice, recommendations, information, or materials for use in managing wildlife damage problems” [USDA-APHIS 1997b]) to reduce DCCO conflicts in 42 States, with Alabama, Arkansas, Florida, Louisiana, Mississippi, and Texas representing 65 percent of the requests over the 7-year period. MIS resource categories included aquaculture (commercially propagated finfish and shellfish) with 72 percent of technical assistance requests; natural resources (habitat, wildlife, wild fisheries) with 19 percent of requests; property (structures, boats, automobiles, aircraft, pets, timber/trees) with 6 percent of requests; and human health and safety (disease transmission to humans, wildlife aircraft strikes, direct personal injury) with 3 percent of requests. Of those 1,916 requests, APHIS/WS recommended the issuance of 533 depredation permits to the Service, of which over 95 percent were for the protection of aquaculture and natural resources. Depredation Order. In 1998, the Service issued a depredation order (USFWS 1998b; 50 CFR 21.47 ) authorizing commercial freshwater aquaculture producers in 13 States (Alabama, Arkansas, Florida, Georgia, Kentucky, Louisiana, Minnesota, Mississippi, North Carolina, Oklahoma, South Carolina, Tennessee, and Texas) to take DCCOs, without a Federal permit, when found committing or about to commit depredations to aquaculture stocks. The depredation order states that DCCOs may be taken by shooting only during daylight hours, and only when necessary to protect freshwater commercial 10 – Chapter 1 aquaculture and State-operated hatchery stocks and that such actions must be carried out in conjunction with a non-lethal harassment program certified by APHIS/WS officials. Research and Population Surveys. Prior to 1950, the U.S. Biological Survey (predecessor of the Fish and Wildlife Service) conducted extensive food habits studies on DCCOs and other fish-eating birds across the continent, with particular emphasis on potential economic impacts. More recently, the Service has conducted or funded several site-specific studies of cormorant food habits in areas such as the Penobscot River and upper Penobscot Bay, Maine; Les Cheneaux Islands, Michigan; and the Mississippi River Delta, Mississippi. In 1999, the Service provided funding for a DCCO population status assessment to be prepared by researchers from the University of Minnesota and utilized in the development of this EIS (Wires et al. 2001). This report, “The Status of the Double-Crested Cormorant (Phalacrocorax auritus) in North America,” is available online at http://migratorybirds.fws.gov/issues/cormorant/status.pdf. DCCO population monitoring is carried out cooperatively by the Service, APHIS/WS, the Canadian Wildlife Service, the States, and various universities. The U.S. Geological Survey (Patuxent Wildlife Research Center) and non-governmental organizations participate in recording and analyzing the population data. The various types of surveys include the Great Lakes Colonial Waterbird Survey, Atlantic Coast Colonial Waterbird Survey, winter roost surveys, Christmas Bird Counts, and Breeding Bird Surveys. Additionally, the APHIS/WS National Wildlife Research Center is involved in a variety of DCCO research projects, including controlled experiments to assess DCCO impacts to gross catfish production; a two-year satellite telemetry study in Alabama, Arkansas, Louisiana, and Mississippi aimed at monitoring migratory movements of DCCOs captured at aquaculture areas; a two-year satellite telemetry study in eastern Lake Ontario (in cooperation with the New York State Department of Environmental Conservation) aimed at assessing the efficacy of control activities at the Little Galloo Island breeding colony in eastern Lake Ontario; development of a deterministic population model for DCCOs; and preparation of a report titled “A Science-Based Initiative to Manage Double-Crested Cormorant Damage to Southern Aquaculture.” Information and Education Outreach. The Service participates in outreach activities to respond to public concerns and to educate the public about DCCOs. In 1998, the Service’s Division of Migratory Bird Management developed a fact sheet on DCCOs, and placed it on its website at http:// migratorybirds.fws.gov/issues/cormorant/ cormorant.html. Subsequently, the cormorant subcommittee of the Service’s Great Lakes Ecosystem Team, with involvement by State fish and wildlife agency personnel, has produced a cormorant fact sheet series. Additionally, the Service provided funding and production assistance to New York Sea Grant to produce the video “Managing Cormorants in the Great Lakes.” Service personnel have attended numerous public workshops pertaining to DCCOs and their management, often participating with State fish and wildlife agency personnel. In 1997, the Service, together with APHIS/WS, organized a symposium on the biology and 11 – Chapter 1 management of DCCOs in the Midwest and published the proceedings (Tobin 2000). In November 2000, the Service cooperated with University of Minnesota researchers in putting together a one-day workshop on the DCCO-fisheries conflict, which brought together biologists and managers from around the nation and the world. Service personnel have also accepted many invitations to speak to citizens around the U.S. who are interested in cormorants and the Service’s role in managing migratory birds. 1.4.5 The Role of Other Agencies in Cormorant Management Because DCCOs fall under the authority of the MBTA, the Service has the primary responsibility for establishing guidelines for the take of cormorants. Consequently, management options available to States and other agencies are limited by our policies and practices. However, some States have been and continue to be actively engaged in research activities and the implementation of management activities authorized by the Service. Control Activities. A survey completed by Wires et al. (2001) found that 10 States (out of 37 States and provinces that responded to the survey) reported the use of DCCO control methods. Six of the States employing control measures were in the southern U.S.; these States were conducting control programs because of depredations at aquaculture facilities and fish hatcheries. All of these States incorporated lethal and non-lethal control measures. In the Northeast, New York and Vermont are employing control measures due to habitat destruction and impacts to other colonial waterbirds in Lake Ontario and Lake Champlain. Massachusetts has undertaken limited control measures at specific sites. Additionally, the State of Oregon conducts annual DCCO harassment programs near the Oregon coast. Table 1. States Practicing DCCO Control (from Wires et al. 2001) State Lethal measures Non-lethal measures AL Shooting Harassment AR Shooting Harassment, noise-making, decoys LA Shooting Multiple harassment techniques MA None Harassment MS Shooting Harassment; Night roost dispersal program NY Egg destruction, egg oiling Nest destruction OK Shooting Hazing TX Shooting Harassment VA Yes1 Yes1 VT Egg oiling Harassment; nest destruction 1 Both lethal and non-lethal measures are undertaken, but details on specific measures employed were not provided. DCCOs also occur in Canada and Mexico. In Canada, DCCOs are not protected federally and thus are managed at the provincial level. The Province of Québec has conducted limited DCCO population control and Ontario is in the process of evaluating the need for such action. As in the U.S., Canadian DCCO populations are generally increasing. We are currently unaware of any involvement by Mexico in management of DCCOs. The precise status of DCCO populations in Mexico is unknown but probably 12 – Chapter 1 stable (Wires et al. 2001). It was last estimated by Carter et al. (1995b) at about 6,969 breeding pairs. 13 – Chapter 2 CHAPTER 2: ALTERNATIVES 2.1 Introduction This chapter, considered the “heart of the environmental impact statement” (40 CFR 1502.14), describes the six alternatives being evaluated for the purpose of managing DCCOs in the contiguous United States. It also states the “proposed action” (Alternative D), which is our preferred alternative for meeting the purpose and need stated in Chapter 1. 2.2 Rationale for Alternative Design All alternatives considered were evaluated in relation to their ability to reduce resource conflicts associated with DCCOs, increase management flexibility, and conserve healthy populations of DCCOs over the long term. NEPA regulations require the analysis of a No Action (or “status quo”) alternative. The other alternatives were developed after evaluating comments received during the public scoping period, holding interagency meetings and internal discussions, and reviewing the best available information. After the DEIS public comment period, we discussed and developed changes to the proposed action to improve its potential for efficacy in dealing with cormorant conflicts and in ensuring the conservation of populations of DCCOs and other Federally-protected species. Each alternative described below is analyzed in more detail in Chapter 4, ENVIRONMENTAL CONSEQUENCES. 2.3 Proposed Action The agency’s proposed action is the alternative that the agency believes would satisfy the purpose and need (as stated in Chapter 1) and fulfill its mission and statutory responsibilities, while giving consideration to economic, environmental, technical, and other factors. The proposed action, Alternative D, would: (1) create a public resource depredation order to authorize State fish and wildlife agencies, Tribes, and APHIS/WS in 24 States to control DCCOs on public and private lands and freshwaters to protect public resources; (2) expand the aquaculture depredation order to allow winter roost control by APHIS/WS in 13 States; and (3) allow take of DCCOs at public fish hatcheries under the depredation orders. Based on our analysis, the proposed action would be more effective than the current program; is environmentally sound, cost effective, and flexible enough to meet different management needs around the country; and does not threaten the long-term sustainability of DCCO populations or populations of any other natural resource. 2.4 Description of Alternatives 2.4.1 Alternative A: No Action (Continue existing DCCO damage management policies) Under this alternative, existing wildlife management policies and practices would continue with no additional regulatory methods or strategies being authorized. This alternative includes non-lethal management techniques (as described under Alternative B) and activities carried out under depredation permits and the aquaculture depredation order. Control techniques include the take of adults and young (by shooting), eggs (by means of oiling or destruction), and active nests (by removal or destruction). Because of Director’s Order No. 27, “Issuance of Permits to Kill Depredating Migratory Birds at 14 – Chapter 2 Fish Cultural Facilities,” depredation permits are not issued for the take of DCCOs at National Fish Hatcheries. However, the aquaculture depredation order allows DCCOs to be killed at State-operated fish hatcheries in 13 States (and at commercial freshwater aquaculture facilities). All other conflicts are dealt with on a case-by-case basis, requiring a Federal permit for every locality and occurrence where DCCO control actions take place. All depredation permits would continue to be issued by the appropriate Service Regional Office. Population surveys on breeding grounds would continue to be conducted at regular intervals. The issuance of depredation permits to take cormorants and other depredating migratory birds is guided by the regulations found in 50 CFR §21.41. There it states that an application for a depredation permit must be submitted to the appropriate Service Regional Director and that each application must contain a description of the area where depredations are occurring; the nature of the crops or other interests being injured; the extent of such injury; and the particular species of migratory birds committing the injury. The following table describes how the Service Regional Migratory Bird Permit Offices have interpreted 50 CFR §21.41 and §21.47 for various resource categories. 15 – Chapter 2 Table 2. Service Practice for Issuance of Depredation Permits for DCCOs under Alternative A (No Action) Aquaculture Private and State facilities in 13 States do not require a permit because they fall under the aquaculture depredation order (AL, AR, FL, GA, KY, LA, MN, MS, NC, OK, SC, TN, and TX). In States not covered by the depredation order APHIS/WS makes recommendations and USFWS issues permits to take birds, eggs, and/or active nests. Director’s Order No. 27 prohibits lethal control of fish-eating birds at “public” hatcheries except when an “emergency” exists. Natural Resource Issues on Public Lands/Waters Permits issued by USFWS when action is considered necessary to ensure survival and/or recovery of Federal- or State-listed threatened and endangered species. Permits may be issued by USFWS if there exists convincing evidence that a regionally significant bird population or rare and declining plant communities are being adversely affected by DCCOs. Permits may be issued by USFWS to alleviate depredation at the site of fish stocking but requests for permits are generally not issued for birds taking free-swimming fish in public waters. Other Natural Resource and Economic Issues Permits may be issued by USFWS if there is significant economic damage to privately-stocked fish on a privately-owned water body that maximizes fishing opportunities for patrons, whether done for a fee or for recreation. Permits typically issued by USFWS for significant property damage (for example, physical structures or vegetation) on public or private lands and waters. Human Health and Safety Permits issued by USFWS when evidence exists of significant human health and safety risks (for example, airports or water quality). 2.4.2 Alternative B: Non-lethal Management (Do not allow lethal management actions) Under this alternative, permits allowing the lethal take of DCCOs or their eggs would not be issued. The aquaculture depredation order would be revoked and depredation permits would not be issued. To reduce impacts associated with DCCOs, this option would allow only non-lethal management techniques such as harassment, habitat modification, exclusion devices at production facilities, and changes in fish stocking practices. Essentially, only those management techniques not currently requiring a Federal depredation permit would be continued under this alternative. Population surveys would be conducted at regular intervals. 16 – Chapter 2 2.4.3 Alternative C: Increased Local Damage Control (Expand current wildlife damage management policy) The intent of this alternative would be to expand the current DCCO depredation policy to address a broader range of resource conflicts than under the No Action (see Table 3 below). The permit renewal period for DCCO depredation permits would change from annual to biennial in order to help alleviate the increased permit review requirements (this means that permittees would reapply for a permit every two years instead of each year). The aquaculture depredation order would continue to allow DCCOs to be killed at commercial freshwater aquaculture facilities and State-owned fish hatcheries in 13 States and would be expanded to include winter roost control at aquacultural facilities in those States. Director’s Order No. 27 prohibiting lethal control of DCCOs at public fish hatcheries would be revoked. Non-lethal techniques would remain part of the management program. Population surveys would be conducted at regular intervals. 17 – Chapter 2 Table 3. Service Policy for Issuance of Depredation Permits for DCCOs under Alternative C Aquaculture Private and State facilities in 13 States do not require a permit because they fall under the aquaculture depredation order (AL, AR, FL, GA, KY, LA, MN, MS, NC, OK, SC, TN, and TX). (Same as No Action) In States not covered by the depredation order APHIS/WS makes recommendations for permit issuance and USFWS may issue permit to take birds, eggs, and/or active nests. (Same as No Action) Aquaculture depredation order expanded to include lethal control at winter roost sites in those 13 States. (Different than No Action) Director’s Order No. 27 prohibiting lethal take at public hatcheries revoked. (Different than No Action) Natural Resource Issues on Public Lands/Waters Permits issued by USFWS when action is considered necessary to ensure survival and/or recovery of Federal- or State-listed threatened and endangered species. (Same as No Action) Permits issued by USFWS for conflicts with fish, wildlife, plants, and other wild species when there is documentation of significant impacts or when best professional judgment has determined that there is a high likelihood that DCCOs are a significant detriment to the resource in question. In the latter case, a permit will be issued when the control efforts will not threaten the viability of DCCO or other wildlife populations and the agency requesting the permit prepares a site-specific management plan containing: (1) a definition of the conflict(s) with DCCOs, including a statement of the management objectives for the area in question; (2) a description of the evidence supporting the hypothesis that DCCOs are contributing to these resource conflicts; (3) a discussion of other limiting factors affecting the resource (e.g., biological, environmental, socioeconomic); and (4) a discussion of how control efforts are expected to alleviate resource conflicts. (Different than No Action) Other Natural Resource and Economic Issues Permits issued by USFWS if there is significant economic damage to privately-stocked fish on a privately-owned water body that maximizes fishing opportunities for patrons, whether done for a fee or for recreation. (Same as No Action) Permits issued by USFWS for significant property damage (for example, physical structures or vegetation) on public or private lands and waters. (Same as No Action) Human Health and Safety Permits issued by USFWS when evidence exists of significant human health and safety risks (for example, airports water quality). (Same as No Action) 2.4.4 PROPOSED ACTION – Alternative D: Public Resource Depredation Order (Establish a new depredation order to address public resource conflicts) Alternative D creates a public resource depredation order to authorize State fish and wildlife agencies, Federally-recognized Tribes, and APHIS/WS to take DCCOs found committing or about to commit, and to prevent, depredations on the public resources of fish (including hatchery stock at Federal, State, and Tribal facilities), wildlife, plants, and their habitats. This authority applies to all lands and freshwaters (with appropriate landowner permission) in 24 States (Alabama, Arkansas, Florida, Georgia, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Michigan, Minnesota, Mississippi, 18 – Chapter 2 Missouri, New York, North Carolina, Ohio, Oklahoma, South Carolina, Tennessee, Texas, Vermont, West Virginia, and Wisconsin). This alternative also revises the aquaculture depredation order by specifying that it is applicable to commercial freshwater facilities and State and Federal fish hatcheries, and by authorizing APHIS/WS employees to take DCCOs at roost sites in the vicinity of aquaculture facilities during the months of October, November, December, January, February, March, and April. Director’s Order No. 27 prohibiting lethal control of DCCOs at public hatcheries will not be revoked at this time, as was stated in the DEIS. Depredation permits would continue to be used to address conflicts outside the authority of the depredation orders. Agencies acting under the public resource depredation order will be required to comply with monitoring and reporting requirements and persons operating under the aquaculture depredation order must annually provide a current mortality log. Population surveys will be conducted at regular intervals. Table 4. Service Depredation Policy under Alternative D (PROPOSED ACTION) Aquaculture Private, State, and Federal facilities in 13 States do not require a permit because they fall under the aquaculture depredation order. (Different than No Action) In States not covered by the depredation order APHIS/WS makes recommendations for permit issuance and USFWS may issue permit to take birds, eggs, and/or active nests. (Same as No Action) Aquaculture depredation order expanded to include lethal control at winter roost sites in 13 States. (Different than No Action) Natural Resource and Economic Issues on Public Lands/Waters In 24 States, State fish and wildlife agencies, Tribes, and APHIS/WS may take DCCOs to protect public resources (fish, wildlife, plants, and their habitats) on private and public lands and freshwaters. In non-depredation order States, depredation permits for public resource damages will be issued in accordance with 50 CFR 21.41 and applicable Service policies. (Different than No Action) Permits issued by USFWS for significant property damage (for example, to physical structures or vegetation) on public or private lands and waters. (Same as No Action) Human Health and Safety Permits issued by USFWS when evidence exists of significant human health and safety risks (for example, at airports or when water quality is compromised). (Same as No Action) 2.4.5 Alternative E: Regional Population Reduction (Develop population objectives and implement actions aimed at reducing overall DCCO populations) This alternative would entail the development of regional DCCO population objectives designed to reduce damages associated with DCCOs. Population objectives would be developed on an interdisciplinary, interagency basis and would be based on the best available data, while giving consideration to other values. Control would be carried out at nesting, roosting, wintering and all other sites in order to achieve those objectives as rapidly as possible without adversely affecting other protected migratory birds or threatened and endangered species. The aquaculture depredation order would allow DCCOs to be killed at commercial freshwater aquaculture facilities and Federal, State, and Tribal fish hatcheries in 13 States and would be expanded to include winter roost control in those States. For all conflicts not addressed under the aquaculture depredation Comment: 19 – Chapter 2 order or the special statewide cormorant permit, depredation permits would be issued according to the policy outlined in Alternative C above. Non-lethal techniques would remain part of the management program, but only voluntarily. Population surveys would be conducted at regular intervals. 2.4.6 Alternative F: Regulated Hunting (Establish frameworks for a hunting season on DCCOs) Under this alternative, frameworks to develop seasons and bag limits for hunting DCCOs would be established jointly by Federal and State wildlife agencies. These seasons would coincide with those for waterfowl hunting. Additionally, the depredation policy outlined in Alternative C, above, would address DCCO conflicts (issuance of depredation permits and the aquaculture depredation order). Population monitoring would be conducted at regular intervals. 2.5 Alternatives Considered but Eliminated from Detailed Study 2.5.1 No Management Alternative This alternative would not allow for any Federal management or control of DCCOs (no depredation permit issuance, no depredation order, no harassment or habitat modification, etc.). To implement this alternative would be to ignore conflicts associated with cormorants that must be addressed if we are to fulfill our duties to manage America’s migratory birds responsibly. Since there is real biological and socioeconomic evidence (as described in Chapter 3, AFFECTED ENVIRONMENT) justifying the need for DCCO management, we find this alternative to be unreasonable (NEPA states that only “reasonable” alternatives must be considered). 2.5.2 Rescindment of Migratory Bird Treaty Act Protection Alternative This alternative would entail amending the MBTA and associated international conventions to remove the DCCO from the List of Migratory Birds (those species protected under the MBTA). DCCOs would still be protected under the laws of most States. This action would require amending the Mexican treaty and could have the undesirable result of losing protection for all species in the cormorant family (Phalacrocoracidae). We feel that this would be a drastic action that would establish precedent for removing other species and would undermine the authority of the MBTA. 2.6 Comparison of Alternatives Each alternative described above would utilize a variety of non-lethal management techniques. All of the alternatives we analyzed, except Alternative B, would allow for limited lethal take (shooting, egg oiling or destruction, and/or nest destruction), either through depredation orders or the issuance of depredation permits. Additionally, Alternative F would develop hunting frameworks for DCCOs. Differences among alternatives in the degree of lethal take are primarily related to the circumstances under which permits are issued (to control local damages or to reach population objectives) and which depredation order is in effect (aquaculture, expanded aquaculture, and/or public resource). 20 – Chapter 2 Table 5. Actions by Alternative Alternative Actions Alternative A – No Action non-lethal management¹; aquaculture depredation order²; depredation permits³ Alternative B – Non-lethal management non-lethal management1 Alternative C – Increased Local Damage Control non-lethal management1; expanded aquaculture depredation order2; depredation permits3 Alternative D – PROPOSED ACTION non-lethal management1; expanded aquaculture depredation order2; depredation permits3; public resource depredation order4 Alternative E – Regional Population Reduction non-lethal management1; expanded aquaculture depredation order2; depredation permits3 Alternative F – Regulated Hunting non-lethal management1; aquaculture depredation order2; depredation permits3, hunting seasons in participating States ¹ = includes all management techniques that are not considered “take” and thus do not require a depredation permit (harassment, exclusion devices, habitat modification, etc.) ² = under the aquaculture depredation order, DCCOs may be taken by shooting with firearms during daylight hours; those using shotguns are required to use nontoxic shot ³ = under depredation permits, shooting, egg oiling or destruction, and nest destruction are the most common techniques utilized 4 = under the public resource depredation order, DCCOs may be taken by shooting, egg oiling or destruction, nest destruction, cervical dislocation, and CO2 asphyxiation (all of which are classified as humane euthanasia techniques for birds by the American Veterinary Medical Association) 21 – Chapter 2 Table 6. Actions by Alternatives A: No Action B: Non-lethal Management C: Increased Local Damage Control PROPOSED ACTION D: Public Resource Depredation Order E: Regional Population Reduction F: Regulated Hunting New regulatory strategies no no no yes yes yes Continued issuance of depredation permits yes no yes yes yes yes Continuation of aquaculture depredation order yes no yes yes yes yes Expansion of aquaculture depredation order no no yes yes yes yes Creation of public resource depredation order no no no yes no no Allows take of nests yes yes yes yes yes yes Allows take of eggs yes no yes yes yes yes Allows take of adults and young yes no yes yes yes yes Allows harassment of adults and young yes yes yes yes yes yes Development of regional population objectives no no no maybe yes no Management activities occur on public lands yes yes yes yes yes yes Management activities occur on private lands yes yes yes yes yes yes Requires additional monitoring and evaluation no no no yes yes yes 22 – Ch apter 3 CHAPTER 3: AFFECTED ENVIRONMENT 3.1 Introduction The “affected environment” section of an EIS should “succinctly describe the environment of the area(s) to be affected by the alternatives under consideration” (40 CFR 1502.15). Thus, this chapter contains a discussion of the biological and socioeconomic environments relevant to the issues raised during scoping. 3.2 Biological Environment 3.2.1 Double-crested Cormorants The Service’s goals in migratory bird management are to conserve DCCO populations at sufficient levels to prevent them from becoming threatened or endangered and to ensure that American citizens have continued opportunities to enjoy DCCOs. Species Range. DCCOs are native to North America and range widely there. There are essentially five different breeding populations, variously described by different authors as: Alaska, Pacific Coast, Interior, Atlantic, and Southern. Recent population expansion, however, has blurred the boundaries for the Interior, Atlantic, and Southern populations (Hatch and Weseloh 1999, Wires et al. 2001). There is high variation in the migratory tendencies of these different breeding populations. Birds that breed in Florida and elsewhere in the Southeastern U.S. are essentially sedentary, those along the Pacific coast are only slightly migratory, while Atlantic and Interior birds show the greatest seasonal movements (Johnsgard 1993). The two primary migration routes appear to be down the Atlantic coast and through the Mississippi-Missouri River valleys to the Gulf coast (Palmer 1962) with increasing numbers of birds remaining in the Mississippi Delta (Jackson and Jackson 1995). Refer to Appendix 2 for a map of the distribution of DCCO breeding colonies in North America. Habitat Requirements. In the breeding season, two factors are critical to DCCOs: suitable nesting sites and nearby feeding grounds (van Eerden and Gregersen 1995, Hatch and Weseloh 1999, Wires et al. 2001). Ponds, lakes, slow-moving rivers, lagoons, estuaries and open coastlines are utilized. Small rocky or sandy islands are utilized when available. Nests are built in trees, on structures, or on the ground. Nesting trees and structures are usually standing in or near water, on islands, in swamps, or at tree-lined lakes. Nonbreeding habitats are diverse and include lakes, ponds, rivers, lagoons, estuaries, coastal bays, marine islands, and open coastlines (Johnsgard 1993). Wintering DCCOs require similar characteristics in feeding, loafing, and roosting sites as when breeding. Where DCCOs winter on the coast, sandbars, shoals, coastal cliffs, offshore rocks, channel markers, and pilings are used for roosting. Birds wintering along the lower Mississippi River roost on perching sites such as trees, utility poles, or fishing piers and in isolated cypress swamps (Reinhold and Sloan 1999, Wires et al. 2001). In all seasons DCCOs require suitable places for nighttime roosts and daytime resting or loafing. Roosts and resting places are often on exposed sites such as rocks or sandbars, pilings, wrecks, high-tension wires, or trees near favored fishing locations (Wires et al. 2001). 23 – Ch apter 3 From the time DCCOs return to their breeding colonies in the spring until the adults are brooding young, the colony site is their main “center of activity,” (i.e., they roost at the colony overnight and their daily foraging activities emanate from there). While most adults are attending young, however, auxiliary overnight roosts begin to develop. These may be on nearby unoccupied islands or they may be several miles away. The origin of the birds forming these roosts is not known for certain but they are most likely adults who have failed in their breeding attempts and/or non-breeding birds. The net result is that a new or additional “center of activity” is created in an area where the birds themselves do not otherwise breed. These late season roosts often remain active until the birds have left on migration in September or October. For example, DCCOs do not breed in the Bay of Quinte, a 60 mile-long, Z-shaped bay in northeastern Lake Ontario. However, in June, well before the migratory season, DCCOs begin to roost, at night, on islands in the bay and their numbers increase there through September. Birds come from these islands on daily foraging trips and have, in essence, established new centers of activity that are not related to the breeding colony, nor are they (yet) comprised of migrant birds (D.V. Weseloh, CWS, pers. comm.). Double-crested Cormorant Demographics. The DCCO is the most abundant of five species of cormorants occurring in the contiguous United States (the other species are Great Cormorant, Neotropic Cormorant, Pelagic Cormorant, and Brandt’s Cormorant). A conservative estimate of the total population of DCCOs in the U.S. and Canada is greater than 1 million birds, including breeding and non-breeding individuals, but is probably closer to 2 million (Tyson et al. 1999). We estimate that the current continental population of DCCOs is approximately 2 million birds. This number was derived by consulting the literature and discussing our estimate with waterbird biologists Linda Wires (University of Minnesota), Dr. Francie Cuthbert (University of Minnesota), Dr. Chip Weseloh (Canadian Wildlife Service), and John Trapp (USFWS). We used the Tyson et al. estimate of 372,400 breeding pairs as our base number. We multiplied that by 2 to get the number of breeding individuals (744,280). Then we multiplied that by 2.26, an estimate for the ratio of non-breeding to breeding birds (Weseloh unpubl. data) that is well within the published estimates ranging from 1-4 nonbreeders per breeder). This amounts to 1,682,073 and adding that to 744,280 comes to 2,426,353 birds total. In 2000, Chip Weseloh (unpubl. data) estimated the North American population for breeding and non-breeding immature DCCOs (but not adult non-breeders) at 1.850 million. Based on this information and discussions with the individuals mentioned above, we adjusted our estimate of 2.4 million to 2.0 million. While the total number of DCCOs in North America increased rapidly from the 1970s into the 1990s (Hatch 1995), estimates of Tyson et al. (1999) indicated that the overall rate of growth in the U.S. and Canada slowed during the early 1990s. This is consistent with declines in the growth rate of expanding Great Cormorant populations in northwestern Europe (van Eerden and Gregersen 1995) and with the general rule that the growth rate of wildlife populations decreases as it gets closer to carrying capacity. 24 – Ch apter 3 For the U.S. as a whole, according to Breeding Bird Survey (BBS) data (which are indices of relative abundance), the breeding population of DCCOs increased at a statistically significant rate of approximately 7.5 percent per year from 1975-2002 (Sauer et al. 2003). Within this period, growth rates of regional populations varied substantially and thus it is important to look at DCCO population growth rates from a regional perspective as well. The table below summarizes the regional populations as described in Tyson et al. 1999. The narratives that follow integrate the populations delineations used by Tyson et al. 1999 and Wires et al. 2001. See Appendix 2 for the distribution of DCCO breeding colonies in North America. Table 7. DCCO Breeding Population Estimates (from Tyson et al. 1999) Estimated # of nesting pairs Percent of continental population Estimated population growth rate * Atlantic 85,510 23% -6.5% (15.8%) Interior 256,212 68% 6.0% (20.8%) Southeast 13,604 4% 2.6% (76.9%) West Coast-Alaska 17,084 5% -7.9% (-0.6%) TOTAL > or = 372,410 2.6% (16.2%) * number in parentheses indicates “category A” estimates (i.e., results of surveys in which nests were systematically counted) Atlantic Twenty-three percent of North America’s DCCOs are found in the Atlantic population (Tyson et al. 1999). In this region, DCCOs are strongly migratory and, on the coast, occur with smaller numbers of Great Cormorants. From the early 1970s to the early 1990s, the Atlantic population increased from about 25,000 pairs to 96,000 pairs (Hatch 1995). While the number of DCCOs in this region declined by 6.5 percent overall in the early to mid-1990s, some populations were still increasing during this period (Tyson et al. 1999). Very large numbers breed in Quebec and the surrounding area (including the St. Lawrence River and its estuary) and in Nova Scotia and Prince Edward Island. Very large breeding concentrations also occur in New England along the coasts of Maine and Massachusetts. With the exception of Maine (where numbers began declining between the mid-1980s and early 1990s), rapid increases have occurred since the 1970s (Wires et al. 2001). From 1977 to the 1990s, the number of DCCOs in the northeastern U.S. increased from 17,100 nesting pairs to 34,200 pairs (Krohn et al. 1995). In parts of southern New England (Connecticut, Rhode Island, coastal New York) the DCCO has recently been documented as a breeding species and numbers are growing fairly rapidly. First breeding records were obtained in New Jersey and Pennsylvania between the late 1970s and 1990s (Wires et al. 2001). The total estimated number of nesting pairs in this population is $85,510 (Tyson et al. 1999). Small numbers of DCCOs winter in some New England States but most Atlantic birds winter along the coast from Virginia (where numbers of wintering birds are increasing) southward, along the Gulf of Mexico, and in the lower Mississippi valley (Dolbeer 1991, Hatch 1995, Wires et al. 2001). 25 – Ch apter 3 Interior Nearly 70 percent of North American DCCOs are found in the Interior region (Tyson et al. 1999). DCCOs in this region are highly migratory and are concentrated in the northern prairies, particularly on the large, shallow lakes of Manitoba (Canada), which has the largest number of breeding DCCOs in North America (Hatch 1995, Wires et al. 2001). A large number of Interior DCCOs nest on or around the Great Lakes as well, and recent evidence indicates that they are beginning to establish themselves at small inland lakes in the vicinity (Alvo et al. 2002). Since the early 1970s, numbers of Interior DCCOs have increased rapidly. From 1990 to 1997, the overall growth rate in the Interior region was estimated at 6 percent (Tyson et al. 1999) with the most dramatic increases occurring on Ontario, Michigan, and Wisconsin waters (Wires et al. 2001). From 1970 to 1991, the Great Lakes breeding population alone increased from 89 nests to over 38,000 nests, an average annual increase of 29 percent (Weseloh et al. 1995). From 1991 to 1997, the number of nests in the Great Lakes further increased to approximately 93,000, an average annual increase of 22 percent. Nest counts in 2000 estimated 115,000 nests in the Great Lakes (Weseloh et al. 2002). Average annual growth rates in the Great Lakes were lower for the period 1990-2000 than the period 1980-1990 (Weseloh et al. 2002). The total estimated number of nesting pairs in the Interior population (including Canada) is $256,212 (Tyson et al. 1999). Southern Most DCCOs in this region are wintering migrants from the Interior and Atlantic regions (Dolbeer 1991, Jackson and Jackson 1995). However, nesting DCCOs in this region are on the rise with some nesting occurrences representing first record and others recolonizations (Wires et al. 2001). Historically, sedentary breeding populations of DCCOs occurred in Florida and other southern states north to North Carolina (Hatch 1995), while in recent years DCCOs have started breeding again in Arkansas, Georgia, Mississippi, and Tennessee (Wires et al. 2001). Today, four percent of the North American breeding population of DCCOs occurs in the Southeast region (Tyson et al. 1999). Currently, breeding colonies exist in Arkansas, Delaware, Florida, Georgia, Louisiana, Maryland, Mississippi, North Carolina, South Carolina, Tennesee, Texas, and Virginia (Wires et al. 2001). The total estimated number of nesting pairs in this population is >13,604 (Tyson et al. 1999). Over the last few decades, numbers of wintering DCCOs have dramatically increased in several southern States. Since the late 1970s, wintering DCCOs have increased by nearly 225 percent since the early 1990s in the Mississippi Delta. From an average of 30,000 DCCOs counted during the winters of 1989-93 (Glahn et al. 1996) to over 73,000 counted in the winter of 2001-2002 (G. Ellis, APHIS/WS, unpubl. data). Data from Christmas Bird Counts conducted between 1959-1988 show increases ranging from 3.5- 18.7 percent in several States within this region, with the largest increases occurring in Louisiana, Mississippi, and Texas (Wires et al. 2001). In New Mexico, Texas, and Louisiana DCCOs overlap in range with Neotropic Cormorants. 26 – Ch apter 3 Pacific Coast-Alaska Approximately 5-7 percent of North America=s DCCOs are found in this population, which has approximately 27,500 nesting pairs according to Carter et al. (1995b) or >17,084 pairs according to Tyson et al. (1999). Alaska DCCOs represent approximately 12 percent of the entire Pacific coast marine population (Carter et al. 1995b) and occur with Red-faced Cormorants. Throughout their coastal range DCCOs exist with larger numbers of Pelagic and Brandt=s Cormorants and at the southern extent of their range in Mexico they occur with Neotropic Cormorants (Hatch 1995). Alaska breeding populations (P. a. cincinatus) are thought to have declined since historical times, but recent population trends are not known (Wires et al. 2001). Non-Alaska Pacific coast breeding DCCOs (P. a. albociliatus) occur from British Columbia through Sinaloa, Mexico. Historical declines throughout the range are well documented and recent population status and trends for coastal populations, from British Columbia through California, are reasonably complete. However, because recent data are not available for significant portions of this subspecies range (e.g., Mexico and some interior areas) it is not possible to summarize recent trends for the population as a whole. Carter et al. (1995) documented recent increases in California and Oregon, and declines in British Columbia, Washington, and Baja California. Tyson et al. (1999) did not consider Mexican populations and calculated a decline for the entire West Coast-Alaska region. In the past 20 years, the largest increases in the region have taken place in the Columbia River Estuary, where East Sand Island supports the largest active colony along the coast with 6,390 pairs in 2000 (Carter et al. 1995b, Collis et al. 2000, Wires et al. 2001). Increases at East Sand Island coincided with declines in British Columbia, Washington, and locations in interior Oregon and the rapid increase undoubtedly reflected some immigration from these other areas (Carter et al. 1995). Another area of recent explosive population increase is Salton Sea, California. Complete surveys of interior California populations were conducted between 1997-1999 (Shuford 2002). Shuford estimated 6,825 pairs breeding at 29 active colonies and 80 percent of all interior pairs occurred at Salton Sea. DCCOs at Salton Sea, increased from zero (1990- 1994) to 5,600 pairs in 1999, and then back to zero from 2001 through 2003 (Shuford 2002, C. Pelizza pers. comm.). Factors associated with population increases. Factors contributing to the resurgence of DCCO populations include reduced levels of environmental contaminants, particularly DDT; increased food availability in breeding and wintering areas; and reduced human persecution (Ludwig 1984, Vermeer and Rankin 1984, Price and Weseloh 1986, Fox and Weseloh 1987, Hobson et al. 1989, Weseloh et al. 1995, Wires et al. 2001). A brief case study of DCCOs in the Great Lakes provides an example of factors associated with changes in DCCO population numbers: In the early 1940s, DCCO populations in the American and Canadian Great Lakes were increasing rapidly (Postupalsky 1978, Weseloh et al. 1995). After 1945, however, organochlorine pesticides came to be widely used in the Great Lakes basin. The residues of such chemicals, particularly DDT, are ecologically persistent and rapidly bioaccumulate in the aquatic food web, and this led to severe eggshell thinning in DCCOs and other waterbirds. Cormorant eggs with thinned shells broke easily during incubation and led to a period, in the 1950s and 1960s, of almost zero productivity due to low hatching success (Postupalsky 1978, Weseloh et al. 1983, Weseloh et al. 1995). Similar eggshell thinning and reproductive failure were 27 – Ch apter 3 also found in DCCOs in southern California in the late 1960s (Gress et al. 1973). Following restrictions on the use of DDT in 1972, levels of organocholorine contaminants found in DCCO eggs declined in much of the Great Lakes (Ryckman et al. 1998) and DCCO productivity increased accordingly during the late 1970s (Scharf and Shugart 1981, Ludwig 1984, Noble and Elliot 1986, Price and Weseloh 1986, Bishop et al. 1992a and b). Organochlorine contaminant-related eggshell thinning no longer appears to be a major limiting factor for DCCO reproduction on the Great Lakes (Ryckman et al. 1998), even though there are still lingering effects of these chemicals in parts of this ecosystem three decades after they were banned (Custer et al. 1999). Changes in the food supply available to Great Lakes cormorants, on both the breeding and wintering grounds, have also played a role in their population increase. Great Lakes fish populations underwent major changes in the 20th century. Populations of forage fish species increased significantly during the late 1950s through the 1980s, likely as a result of dramatic declines in large, native predatory fish, such as lake trout and burbot, that occurred during the 1940s and 1950s. These declines in larger predatory fish were brought about by a combination of such factors as overfishing, sea lamprey predation, and loss of spawning habitat (Weseloh et al. 1995) and led to population explosions of smaller forage fish species. In particular, rainbow smelt and alewife, neither of which are native to the upper Great Lakes, became very abundant in Lakes Michigan, Huron, Ontario, and Erie through the 1970s and 1980s (Environment Canada 1995). Various studies suggest that annual productivity and post-fledging survival of DCCO young are high in years of alewife abundance (Palmer 1962; van der Veen 1973, Weseloh and Ewins 1994). In fact, changes in prey abundance have been associated with increases in populations of several fish-eating bird species worldwide (Environment Canada 1995). The growth of the aquaculture industry has provided DCCOs with an abundant food supply on their southern wintering grounds. The aquaculture industry (consisting largely of channel catfish production) has experienced significant growth in the southern U.S. over the last 20 years. While Great Lakes DCCOs historically migrated down to the coastal areas of the Gulf of Mexico to winter, since the early 1970s wintering populations of DCCOs in the lower Mississippi valley have been increasing (Reinhold and Sloan 1999, Glahn et al. 1996). The DCCO is the primary avian predator utilizing channel catfish stocks (Wywialowski 1998, Reinhold and Sloan 1999). Glahn et al. (1999b) analyzed monthly changes in body mass of wintering DCCOs in the delta region of Mississippi and in areas without extensive aquaculture production and found that DCCO utilization of catfish has likely increased winter survival and contributed to the cormorant’s recent population resurgence. Human persecution has also been a factor. DCCOs were not Federally protected until 1972. Weseloh et al. (1995) suggested that the cormorant’s initial rate of colonization into the Great Lakes was suppressed by human persecution until the 1950s. Indeed, destruction of DCCO nests, eggs, young, and adults, by fishermen and government agencies, was a common occurrence in the Great Lakes basin from the 1940s into the 1960s (Baillie 1947, Omand 1947, Postupalsky 1978, Ludwig 1984, Craven and Lev 1987, Ludwig et al. 1989, Weseloh and Ewins 1994, Weseloh et al. 1995, Matteson et al. 1999) and in the Pacific Northwest (Gabrielson and Jewett 1940, Ferris 1940, Mathewson 1986, Bayer and Ferris 1987, Carter et al. 1995a). Similar control efforts, involving large-scale spraying of eggs, occurred in Maine in the 1940s and 1950s (Gross 1951, 28 – Ch apter 3 Krohn et al. 1995, Hatch 1995) and in Manitoba on Lake Winnipegosis during the same period (McLeod and Bondar 1953, Hatch 1995). In 1972, DCCOs were added to the list of birds protected by the MBTA, which made it illegal to kill them in the U.S. without a Federal permit. Double-crested Cormorant Population Parameters. Compared to other common colonial waterbirds, the population dynamics of DCCOs have not been well-studied (Wires et al. 2001, Hatch and Weseloh 1999). The similar life histories of DCCOs and Great Cormorants (i.e., their being ecological counterparts), however, allow North American managers to gain insight from management efforts in Europe (Glahn et al. 2000b). Due to their large clutch size and persistent renesting efforts, DCCO breeding success is fairly high compared to other North American cormorants and colonial waterbirds in general (Johnsgard 1993). Age at First Breeding Van der Veen (1973) found that most birds bred for the first time at age 3 (i.e., entering their fourth year). Johnsgard (1993, citing van Tets in Palmer 1962) also stated that “the usual age of initial breeding in this species is probably three years, although successful breeding has occurred among two-year-olds.” In the early 1990s, Weseloh and Ewins (1994) observed first-breeding by many 2-year olds on Little Galloo Island in Lake Ontario. Blackwell et al. (2002) estimated that at least 17 percent of 2-year old, and 98.4 percent of age-3+, Lake Ontario DCCOs breed. Clutch Size Average clutch sizes observed over the years include: 3.8 eggs in Utah (Mitchell 1977); 3.5 eggs in Maine (Mendall 1936); 3.11 eggs in Ontario (Peck and James 1983); 3.2 eggs in Alberta (Vermeer 1969); 3.6 and 3.2 on the Madeleine Islands in Quebec (Pilon et al. 1983); 2.7-4.1 eggs, with a mode of 4, in British Columbia (van der Veen 1973); an average of 3.12 eggs over four years on Little Galloo Island, Lake Ontario (Weseloh and Ewins 1994); and 4.1-4.2 eggs at Columbia River Estuary colonies in Oregon (Roby et al. 1998, Collis et al. 2000). Hatching Success Van der Veen (1973) found that hatching success varied from 50-75 percent in DCCOs in British Columbia. Drent et al. (1964) reported an average hatching success of 60.4 percent on Mandarte Island in British Columbia, while Mitchell (1977) observed a hatching success of 54.2 percent in Utah. During two years of study on the Madeleine Islands, Quebec, hatching success rates of 74.5 and 71.8 percent were observed by Pilon et al. (1983). Roby et al. (1998) estimated hatching success in the Columbia River Estuary to be 56 percent. Wires et al. (2001) reported that DCCO hatching success is usually 50-75 percent. Fledging Success Van der Veen (1973) estimated fledging success at 74-95 percent (1.2-2.4 young per nest). Drent et al. (1964) observed a 95 percent fledging success rate on Mandarte Island, British Columbia, or an average of 2.4 young fledged per nest. In Utah, Mitchell (1977) 29 – Ch apter 3 reported a 72 percent fledging success rate. Pilon et al. (1983) reported fledging success rates of 2.1 and 2.4 young per year in Québec. Slightly lower average rates of 1.8 young fledged per nest (Hobson et al. 1989) and 1.9 young fledged per nest (Vermeer 1969) were observed in Manitoba and Alberta, respectively. Average productivity for the Great Lakes, between 1979 and 1991, ranged from 1.5 to 2.4 young per nest (Weseloh et al. 1995). Roby et al. (1998) and Collis et al. (2000) estimated that cormorants in the Columbia River Estuary fledged an average of 1.6 and 1.2 chicks on East Sand Island and 2.1 and 1.6 chicks on channel markers in the estuary during 1997 and 1998, respectively. Fowle et al. (1999) estimated productivity to be 2.5 young fledged per nest on Young Island in Lake Champlain, Vermont. Wires et al. (2001) reported that fledging success for DCCOs is typically 1.2-2.4 young per nest. Survivorship Average lifetime production has been estimated at 3.28 young per female (van der Veen 1973). Mean adult life expectancy was approximated at 6.1 years, with an estimated first-year survival rate of 48 percent, second-year survival rate of 74 percent, and 3+ years survival rate of 85 percent (van der Veen 1973). Madenjian and Gabrey (1995) estimated DCCO survival rates at: 58 percent from age 0 to age1; 75 percent from age 1 to 2 and age 2 to 3; and 80 percent for ages 3 to 4 and beyond. This is similar to survival rates estimated in European Great Cormorants: 35-54 percent in the first year, 75 percent in the second year, and 85 percent for year three and beyond (Veldkamp 1997, Bregnballe et al. 1997). Blackwell et al. (2002) estimated that annual survival of Lake Ontario DCCOs from fledging to just before age 1 was 30-35 percent and annual adult survival was 85 percent. Mean annual productivity for Lake Ontario DCCOs was estimated at 1.7-2.5 young per nest (Blackwell et al. 2002). A major mortality factor throughout the species��� range is predation. Johnsgard (1993) cited several studies indicating the following species as predators of DCCO chicks and/or eggs: California Gulls, Ring-billed Gulls, Herring Gulls, Great black-backed Gulls, American Crows, Fish Crows, Northwestern Crows, Common Ravens, and Bald Eagles. The British Columbia Wildlife Branch has associated DCCO colony failures with disturbance by Bald Eagles and predation by Northwestern Crows and Glaucous-winged Gulls (1999 unpubl. data). Other causes of mortality include disease (e.g., Newcastle disease which killed over 20,000 DCCOs in colonies in the Great Lakes, Minnesota, and North and South Dakota in 1992 [Glaser et al. 1999]), illegal human persecution, and entanglement in fishing gear (Hatch and Weseloh 1999). Cormorant populations are influenced by both density-dependent and density-independent factors (Cairns 1992a), with age of first breeding, occurrence of non-breeding, and clutch abandonment the demographic parameters most likely to respond to density (Hatch and Weseloh 1999). In a population model developed for great cormorants in Europe, Bregnballe et al. (1997) assumed three types of density dependent mechanisms: increased exclusion of potential breeders, reduced fledgling production, and increased food competition on wintering grounds. 30 – Ch apter 3 Cormorants, like other fish-eating birds, accumulate contaminants from the fish they eat. DCCO populations declined dramatically in association with high levels of contaminants during the 1960s and early 1970s. In fact, eggs of Herring Gulls, DCCOs, and Common Terns were found to contain some of the highest levels of organochlorine compounds in the world (Struger et al. 1985). Effects of chlorinated hydrocarbons on DCCOs have been most studied in the Great Lakes, where breeding populations had accumulated high contaminant burdens and showed severe impacts (Ryckman et al. 1998, Hatch and Weseloh 1999). Avian eggs and carcasses in Wisconsin were examined and contained detectable levels of several organochlorine contaminants (Dale and Stromborg 1993). The effects of these contaminants on DCCOs includes eggshell thinning (Anderson and Hickey 1972, Postupalsky 1978), elevated embryonic mortality (Gilbertson et al. 1991), reproductive failure and population declines (Weseloh et al. 1983, 1995), increased adult mortality (Greichus and Hannon 1973), increased embryonic abnormalities and crossed bills (Fox et al. 1991, Yamashita et al. 1993, Ludwig et al. 1996), egg mortality (Tillitt et al. 1992), and brain asymmetry (Henschel et al. 1997). Over the years, the Service and the Canadian Wildlife Service have used fish-eating birds such as cormorants to study the impacts of long-term exposure to persistent lipophilic environmental contaminants within the Great Lakes ecosystem (Fox et al. 1991). Contaminant levels started decreasing in the 1970s and have continued to do so up to the present, with most associated biological parameters improving accordingly (Hatch and Weseloh 1999) . For example, by 1995, most contaminant residues in DCCO eggs had declined by 83-94 percent (Ryckman et al. 1998). However, contaminant levels in Great Lakes DCCOs continue to be significantly higher than in most other parts of North America (Somers et al. 1993, Sanderson et al. 1994), partly because of the long hydrologic retention times and depth of the Great Lakes, which renders them particularly sensitive to chemical inputs (De Vault et al. 1996). Little work has been done on the effects or occurrence of metals in cormorants. Mercury is most often reported, but no effects have been identified in the wild (Hatch and Weseloh 1999). Methyl mercury is highly toxic; animal studies have indicated that chronic exposure to high mercury levels is associated with kidney damage, reproductive problems, nervous system effects, and other health problems (Johnson et al. 1998). In New Brunswick, total mercury concentrations in tissues of DCCOs were highest of nine seabird species examined (Braune 1987). A study in the Carson River, Nevada, found that DCCOs had the highest mercury concentrations of three species examined (Henny et al. unpubl. data). Additionally, recent research on loons in New York State and New England has shown that loons are exposed to high levels of methylmercury in these areas (“Loons sound alarm on mercury contamination,” Natl. Geog. Today, May 16, 2003). Because of their similar niche, it can be safely assumed that DCCOs also harbor high mercury levels in certain areas. However, contaminants are not currently a significant limiting factor of DCCO populations at the regional or continental scale. Double-crested Cormorant Foraging Ecology. DCCOs are rarely seen out of sight of land and are opportunistic, generalist feeders, preying mainly upon abundant fish species that are easy to catch (usually slow-moving or schooling fish, ranging in size from 3-40 31 – Ch apter 3 cm [1.2-16 in]), although most commonly less than 15 cm (6 in). Glahn et al. (1998) reported that availability (i.e., abundance), rather than size, is probably the most important factor in prey selection, but given equal availability DCCOs prefer prey fish that are greater than 7.5 cm (3 in) in length. They also suggested that prey fish accessibility is important in DCCO prey selection. Neuman et al. (1997) attributed variation in DCCO diet in Lakes Huron, Erie, and Ontario to movements of fish into shallow spawning areas and to spatial heterogeneity of fish habitat. Studies indicate that DCCOs have strong habitat preferences with respect to depth, distance from the breeding colony, and distance from nearest shore (Stapanian and Bur 2002). The prey of Atlantic birds suggests that they feed at the bottom of the water column, while that of Pacific and inland birds suggests that they feed in mid-water. DCCOs usually forage in shallow, open water (less than 8m) within 5 km of shore (Hatch and Weseloh 1999), although they will go farther. In freshwater lakes, DCCOs forage at fairly shallow depths and likely take prey from all levels fairly uniformly (Johnsgard 1993). A study examining DCCOs in the western basin of Lake Erie found that the most significant foraging pressure occurred in areas within a 20 km radius of nesting colonies, within 3 km of shore, and in waters less than or equal to 10 m in depth (Stapanian et al. 2002). Neuman et al. (1997) determined that cormorant foraging distances at Little Galloo Island (Lake Ontario) ranged from 3.7 to 20 km (with an average distance of 13 km). Custer and Bunk (1992) reported that birds from two colonies in the Wisconsin waters of Lake Michigan foraged an average of 2-2.4 km from the colonies, with over 90 percent of flights being within 9 km of the colonies. In Texas, Campo et al. (1993) found that the average estimated distance from the foraging area to the nearest shore ranged from 20 to 975 meters. DCCOs respond rapidly to high concentrations of fish and will congregate where fish are easily caught, such as “put and take” lakes, stocking release sites, and aquaculture ponds (Hatch and Weseloh 1999, Wires et al. 2001). The DCCO appears to be almost completely diurnal in its feeding habits. When pursuing prey, it dives from the surface and chases fish underwater. While bottom-feeding is usually solitary, DCCOs may form loose foraging flocks when feeding on schooling prey. In this way, birds create a line that moves forward as individuals at the rear fly short distances to “leapfrog” diving birds in the front. DCCOs engaged in this behavior have been documented in Georgian Bay, Ontario; Massachusetts; and Green Bay, Wisconsin, as have Great Cormorants in The Netherlands (Glanville 1992, Custer and Bunck 1992, van Eerden and Voslamber 1995, Hatch and Weseloh 1999). Observations of such behavior were also mentioned frequently during the public scoping period. For specifics of foraging behavior at aquaculture facilities see Appendix 3. 3.2.2 Fish Among natural resource agencies, a survey conducted by Wires et al. (2001) indicated that DCCO predation was perceived to be of major importance to sport and/or commercial fish in at least three States (Arkansas, Tennessee, and Texas), and of moderate importance in at least eight States (Alabama, Connecticut, Louisiana, Maine, Massachusetts, New York, Rhode Island, and Virginia). The APHIS/WS MIS database 32 – Ch apter 3 reveals that, from FY 1995-2001, of the 29 States reporting losses to natural resources, 27 reported losses to wild fish species. During public scoping, letters received from the following States indicated concern about impacts to sport fisheries: Arkansas, Georgia, Illinois, Kansas, Kentucky, Louisiana, Maine, Michigan, Nebraska, New York, North Dakota, Ohio, Oklahoma, Oregon, Texas, Vermont, Wisconsin, and Wyoming. The diet of DCCOs consists largely of fish (generally slow-moving or schooling species), with some occurrence of aquatic animals such as insects, crustaceans, reptiles, and amphibians (Johnsgard 1993, Hatch and Weseloh 1999). Trapp et al. (1999) conducted a review of diet studies carried out between 1923 and 1994 and found that of 75 fish species detected as DCCO prey items, only 29 species comprised more than 10 percent of the diet at a specific site and, of those 29, five species consistently comprised greater than 10 percent of the diet: alewife, brook stickleback, ninespine stickleback, yellow perch, and slimy sculpin. These results confirm the popular notion that the DCCO is an opportunistic feeder, utilizing a wide diversity of prey. A review of the diet literature by Wires et al. (2001) indicated that, in general, sport and commercial fish species do not contribute substantially to DCCO diet, although they and Trapp et al. (1999) both cited exceptions to this rule. In general, DCCO diet varies highly among locations and tends to reflect the fish species composition for each location, making it necessary to examine diet on a site-specific basis (Belyea et al. 1999, Wires et al. 2001). But some regional generalizations can be made about fish consumed by DCCOs. On the Pacific coast, no single species emerged as the most important prey item in past studies, although some species were very important in certain regions. In the Columbia River Estuary, diet composition differed at the two main colonies. At Rice Island, salmonids were the most important prey item with stickleback and peamouth also being important; at East Sand Island, shad, herring, and sardine were the most important prey items, with salmonids and starry flounder also important (Collis et al. 2000). In other areas, fish such as shiner perch, sculpin, gunnel, snake prickleback, sucker, and sand lance proved important components of DCCO diet (Wires et al. 2001). Aside from Pacific salmonids, several of which are Federally-listed as threatened or endangered, the populations of none of these fish species are a regional or national concern. In the Great Lakes, fish species such as alewife and gizzard shad, appear to be the most important prey items. Stickleback, sculpin, cyprinids, and yellow perch and, at some localities, burbot, freshwater drum, and lake/northern chub are also important prey fish species (Wires et al. 2001). Stapanian et al. (2002) wrote that, “Diet and foraging studies in the Great Lakes suggest that cormorants are opportunistic foragers that eat mostly small prey fish, such as young-of-the-year and yearling gizzard shad…, emerald shiner…, freshwater drum…, alewives…, and sticklebacks…,” most of which have little sport or commercial value, while noting that “cormorants consume large quantities of smallmouth bass and yellow perch in the waters near Little Galloo Island in Lake Ontario.” Studies suggest that considerable temporal variation exists in the diet of Great Lakes DCCOs (Johnson et al. 2002, Neuman et al. 1997); this can likely be attributed to fish movement, much of which is related to spawning (Johnson et al. 2002). 33 – Ch apter 3 In the southeastern U.S., most of the diet consists of shad, catfish, and sunfish species (Wires et al. 2001). In the Atlantic region, diet varies to a great extent, with no single species emerging as most important. In coastal habitats, cod, sculpin, cunner, and gunnel are important as well as sand lance and capelin. Where DCCOs are found inland or at estuaries, alewife, rainbow smelt, stickleback, smallmouth bass, yellow perch, pumpkinseed, cyprinids, and salmonids (mainly Atlantic salmon) are important prey items (Wires et al. 2001). Of these species, Atlantic salmon are Federally-listed as threatened, smallmouth bass and yellow perch are important sport fish, and cod, alewife, and rainbow smelt are commercially fished. Concern about impacts of DCCO predation on these fish has been expressed. 34 – Ch apter 3 Table 8. Geographic Range of Common DCCO Prey Species Largemouth Bass: originally ranged in the Atlantic slope watersheds south of Maryland, the St. Lawrence River basin, Great Lakes, and Mississippi River basin to northeastern Mexico. They have been stocked throughout the United States. Smallmouth Bass: originally ranged from Minnesota to Quebec, including the Great Lakes, southward to northern Alabama, and west to eastern Kansas and Oklahoma. Because of its sporting qualities, it has been introduced to many other states, Canadian provinces, and 41 other countries. Channel Catfish: naturally occurred in the central and eastern United States and southern Canada. They ranged throughout the Mississippi River drainage to northeast Mexico; to the east from the St. Lawrence River, along the western slope of the Appalachian Mountains to central Florida. They were conspicuously absent along the watersheds of the Atlantic seaboard. The species has been widely introduced for sport fishing throughout the United States. Walleye: native range is throughout most of eastern North America, including Great Lakes, but has been introduced to Western North American streams where habitat is suitable. Northern Pike: range is extensive, greater than any other freshwater game fish. Pike can be found throughout the northern half of North America, including the Great Lakes. Yellow Perch: on the Atlantic coast, range from South Carolina north to Nova Scotia. They can also be found west through the southern Hudson Bay region to Saskatchewan, including the Great Lakes, and south to the northern half of the Mississippi drainage. Bluegill: original range includes most of central and eastern United States, north into southern Canada. Alewife: native to the Atlantic Coast and entered the upper Great Lakes through the Welland Canal. Alewife populations have become established in Great Lakes and many landlocked lakes in New York, Maine, Connecticut, and other New England states. Gizzard Shad: Mississippi and Atlantic drainages, including the Great Lakes. Rainbow Smelt: essentially a marine species with chief distribution along Canadian coastal waters. Intruded into fresh waters of northeastern U.S. and the Great Lakes. Health of the Great Lakes: An Overview. In order to examine the cormorant population explosion in the U.S. and Canadian Great Lakes and its impact to fisheries from an “ecological” perspective, it helps to examine the ecosystem health of the Great Lakes. An excellent overview of the aquatic community health of the Great Lakes is that of a working paper presented at the State of the Lake Ecosystem Conference (Koonce 1995). This discussion is derived largely from that source. By most standards, the Great Lakes ecosystems are “extremely unhealthy.” The most notable justifications for this description are the Lakes’ dramatic loss of biological diversity and the establishment of non-indigenous populations (Koonce 1995). The Great Lakes Fact Sheet produced by Environment Canada’s Ontario Region (available online at http://www.on.ec.gc.ca/wildlife/factsheets/fs_cormorants-e.html) provides a concise summary of the “rise and fall of Great Lakes fish populations”: Great Lakes fish populations have undergone some profound changes in the last 60 years. One of these was the dramatic decline of large predatory fish, primarily Lake Trout and, to a lesser extent, Burbot. In Lake Ontario the most dramatic declines of these species occurred in the late 1930s and 1940s, while in Lake Huron they occurred during the 1940s and 1950s. The decline of the predatory fish was caused by many factors, including years of heavy fishing, the invasion of the sea lamprey, the loss of spawning areas. Increased amounts of toxic contaminants entering the lakes may have also been a factor. With the decline of larger predatory fish, the smaller fish species underwent an unprecedented population explosion. The main species involved in this increase were Rainbow Smelt and Alewife, neither of which was native to the upper Great Lakes. Rainbow Smelt were introduced to the Great Lakes in Michigan in 1912. They spread slowly through the lakes, becoming common in Lakes Michigan and Huron by the 35 – Ch apter 3 1930s and in Lakes Ontario and Erie by the late 1940s. Alewife were abundant in Lake Ontario by the 1890s but did not become common in Lakes Michigan and Huron until the demise of the Lake Trout in the mid-late 1940s. Thus, for a period of 30 years (1950s - 1970s) these smaller prey species increased in a manner more or less unchecked by any predatory fish or birds higher up the food web. The smaller prey fish came under heavy predation pressure in the 1980s, with the massive stocking of salmon and trout in most of the Great Lakes. As a result, the population of smaller fish decreased. However, in spite of this predation, Alewife remained abundant throughout much of the Great Lakes and were fed upon heavily by cormorants during this period. Indeed, fish play a major role in structuring aquatic ecosystems. At least 18 fish species of historical importance have declined significantly or disappeared from one or more of the Great Lakes (Koonce 1995). Accompanying these changes in native biodiversity have been a series of invasions and introductions of non-native fish species. Species that have established substantial populations include: sea lamprey, alewife, rainbow smelt, gizzard shad, white perch, carp, brown trout, Chinook salmon, coho salmon, pink salmon, rainbow trout, ruffe, rudd, fourspine stickleback, and two species of goby. In total, 139 non-native aquatic organisms (including plants, invertebrates, and fish) have become established in Great Lakes ecosystems (Koonce 1995). These changes in the biodiversity of the Great Lakes have been, and continue to be, caused by a number of chemical, physical, and biological stresses, the most important of which include: (1) large-scale degradation of tributary and nearshore habitat for fish and wildlife; (2) imbalances in aquatic communities due to population explosions of invading species such as sea lamprey, alewife, white perch, and zebra and quagga mussels; (3) reproductive failure of lake trout; (4) alterations of fish communities and loss of biodiversity associated with overfishing and fish stocking practices; and (5) impacts of persistent toxic chemicals on fish and wildlife (Koonce 1995). Koonce (1995) also noted that “evaluation of the health of the aquatic community of the Great Lakes is complicated,” mainly due to three important factors. First, identification of factors responsible for particular population effects (e.g., increased mortality rates or decreased reproductive rates) is difficult because different factors can produce similar effects on populations. Second, since populations and communities are adaptive, with healthy communities able to self-regulate in the presence of internal/external stresses, a variety of “healthy” states may be functionally equivalent (in at least an ecological sense). Third, the Great Lakes are disturbed ecosystems for which there are no undisturbed communities to serve as benchmarks for recovery; thus, “the determination of the wellness of an ecosystem requires a value judgment.” 3.2.3 Other Birds In a survey conducted by Wires et al. (2001), impacts to other bird species were reported by the States of Arkansas, Illinois, Iowa, Maine, Massachusetts, Michigan, Mississippi, New York, Ohio, Vermont, and Wisconsin. Impacts to other colonial waterbirds, particularly herons and egrets, were reported most often and these impacts were associated mainly with habitat degradation and competition for nest sites. During our EIS public comment periods, several resource agencies expressed concern about actual or potential impacts to other birds. 36 – Ch apter 3 Over the course of their life cycle, individual DCCOs may interact with other species of birds in a variety of ways. These interactions may involve competition for nest sites, competition for food, and disease transmission. 37 – Ch apter 3 Table 9. Avian Associates of DCCOs (Source: Kaufman 1996 and Ehrlich et al. 1988) American White Pelican: Habitat includes lakes, marshes, salt bays. Total population probably declined through first half of 20th century, but has increased substantially since 1970s. Anhinga: Habitat includes cypress swamps, rivers, and wooded ponds in the southern U.S. Black-crowned Night-Heron: Habitat includes marshes and shores; roosts in trees. Populations probably declined in 20th century due mostly to habitat loss; in recent years, overall population is generally stable or increasing, but declining in the U.S. Great Lakes. See Table 10 below. Brandt’s Cormorant: Habitat includes rocky areas along Pacific coast. Local populations fluctuate, but overall numbers probably stable. Caspian Tern: Habitat includes large lakes, coastal waters, beaches, bays. Overall population probably stable, perhaps increasing. Common Tern: Habitat includes lakes, ocean, bays, beaches. Northeastern populations probably lower than they were historically. Some inland populations declining, including Great Lakes. Great Black-backed Gull: Habitat mostly includes coastal waters and estuaries along the Atlantic coast. Populations increasing and breeding range steadily expanding. Great Blue Heron: Habitat includes marshes, swamps, shores, tideflats; very adaptable. Common and widespread, numbers stable or increasing. Great Cormorant: Habitat includes ocean cliffs with some found on large inland rivers in winter. North American population (also found throughout Europe) has increased dramatically in recent decades, and breeding range has expanded southward along Atlantic coast. Great Egret: Habitat includes marshes, ponds, shores, mudflats. Nearly decimated by plume hunters in 19th century, recovered in 20th century. In recent decades, breeding range has gradually expanded northward, with some evidence that southern populations have declined. Herring Gull: Habitat includes ocean coasts, bays, beaches, lakes, piers, farmlands, dumps. Populations increased greatly in 20th century and breeding range expanded. Neotropic Cormorant: Habitat includes tidal waters and lakes in the southern U.S. After declines in Texas numbers in the 1950s and 1960s, is increasing again and may be spreading north inland. Pelagic Cormorant: Habitat includes cliffs and other rocky areas along Pacific coast. Population probably stable, with close to 75% occurring in Alaska. Ring-billed Gull: Habitat includes lakes, bays, coasts, piers, dumps, plowed fields. Populations high and probably still increasing. Snowy Egret: Habitat includes marshes, swamps, ponds, shores. Nearly decimated by plume hunters in 19th century, recovered in 20th century. Has expanded breeding range northward in recent decades; populations increasing. Western Gull: Habitat includes coastal waters, estuaries, beaches, offshore islands, city waterfronts. Common, with overall numbers stable. 38 – Ch apter 3 Table 10. Comparisons of population estimates of Black-crowned Night-Herons in the Great Lakes in 1976–80, 1989–91, and 1997–2000 (from Blokpoel and Tessier 1998; Cuthbert et al. 2002; C. Weseloh unpubl. data; L. Harper unpubl. data) Body of Water 1976–1980 1989–1991 1997–2000 No. of breeding pairs No. of colonies No. of breeding pairs No. of colonies No. of breeding pairs No. of colonies Lake Michigan 558 11 859 10 927 11 Lake Huron 491 12 562 13 810 19 Lake St. Clair 0 0 98 2 0 0 Lake Erie 4,220 2 1,719 5 529 3 Niagara River 65 1 213 2 185 3 Lake Ontario 362 6 1,221 12 1,514 10 TOTAL 5,696 32 4,672 44 3,965 46 3.2.4 Vegetation Concern about negative impacts of nesting and roosting DCCOs to vegetation has been expressed by the public as well as natural resource professionals. In a survey conducted by Wires et al. (2001) respondents from Alabama, Arkansas, Connecticut, Florida, Iowa, Maine, Maryland, Michigan, New Hampshire, New York, North Carolina, Ohio, Oklahoma, Rhode Island, Vermont, and Wisconsin reported impacts to trees, while the States of Iowa, Maine, Maryland, Michigan, New Hampshire, Ohio, Oklahoma, Vermont, Virginia, and Wisconsin reported impacts to herbaceous layers. DCCOs seem to prefer nesting in trees to nesting on the ground, and trees are probably used by older, more experienced, earlier-breeding individuals (Weseloh and Ewins 1994). Along the Pacific coast, however, DCCOs nest primarily on the ground, either in low vegetation or on the barren ground of offshore islands and coastal cliffs. Typically, islands with avian breeding colonies have less vegetative cover than adjacent islands with none and, in general, plant species diversity tends to be low in colonial waterbird nesting colonies (Chapdelaine and Bédard 1995). The chief concerns associated with DCCO-induced vegetation damage are displacement of other colonial waterbird species (caused by habitat changes) and harm to plant species/communities of special management significance. Into the latter category falls the Carolinian forest vegetation type, the northernmost geographic extension of the eastern deciduous forest ecosystem. In Canada, even though the Carolinian vegetation zone makes up only 1 percent of Canada's total land area, it boasts a greater number of species of flora and fauna, many of which are considered rare, than any other ecosystem in Canada (http://www.carolinian.org/Cc1.htm). 3.2.5 Federally-listed Species A concern among members of the public and wildlife professionals, including Service and Wildlife Services personnel, is the impact of damage management methods and activities on non-target species, particularly Threatened and Endangered species. 39 – Ch apter 3 Another concern is potential impacts to Threatened and Endangered species caused by DCCOs themselves. For example, during the public scoping period, the Maine Department of Inland Fisheries and Wildlife listed DCCO predation on stocked and native Atlantic salmon as an issue of concern. Additionally, during the DEIS comment period, the State of Washington stated their concern about impacts of DCCO predation on wild salmonids. Section 7 of the Endangered Species Act (ESA), as amended (16 U.S.C. 1531-1543; 87 Stat. 884), provides that, “The Secretary shall review other programs administered by him and utilize such programs in furtherance of the purposes of this Act'' (and) shall “ensure that any action authorized, funded or carried out ... is not likely to jeopardize the continued existence of any endangered species or threatened species or result in the destruction or adverse modification of (critical) habitat ...'' Consequently, we completed an intra-Service biological evaluation and informal Section 7 consultation under the ESA for the proposed action. 3.3 Socioeconomic Environment Concerns about increasing DCCO populations extend beyond the biological to include social and economic impacts as well. 3.3.1 Water Quality and Human Health The major human health concern expressed during public scoping was contamination of water supplies by DCCO excrement. Eight States expressed concern over possible DCCO-related impacts to water quality in a survey conducted by Wires et al. (2001). Those States were Alabama, Arkansas, Connecticut, Maine, Massachusetts, Michigan, Rhode Island, and South Carolina. Additionally, residents of Henderson, New York, near Little Galloo Island in eastern Lake Ontario (home to a very large DCCO colony), expressed concern about DCCOs presenting a threat to their groundwater. Waterbird excrement can contain coliform bacteria, streptococcus bacteria, Salmonella, toxic chemicals, and nutrients, and it is known to compromise water quality, depending on the number of birds, the amount of excrement, and the size of the water body. Although the 1992 Section 305(b) State Water Quality Reports indicate that, overall, the Nation's groundwater quality is good to excellent, many local areas have experienced significant groundwater contamination. The sources and types of groundwater contamination vary depending upon the region of the country, but those most frequently reported by States include: leaking underground storage tanks, septic tanks, municipal landfills, agricultural activities, and abandoned hazardous waste sites (EPA 1992). Concerns about water quality and DCCOs exist on two levels: contaminants and pathogens. Contaminants. Elevated contaminant levels associated with breeding and/or roosting concentrations of DCCOs and their potential effects on groundwater supplies are the major concerns regarding DCCO impacts to human health. Metals and toxic organic chemicals typically originate in industrial discharges, runoff from city streets, mining activities, leachate from landfills, and a variety of other sources. These toxic chemicals, 40 – Ch apter 3 which are generally persistent in the environment, can cause death or reproductive failure in fish, shellfish, and wildlife. In addition, they can accumulate in animal tissue, be absorbed in sediments, or find their way into drinking water supplies, posing long-term health risks to humans (EPA 1992). The most toxic and persistent environmental contaminants include chlorinated hydrocarbons (also known as organochlorine chemicals; e.g., PCBs, dioxin-like compounds, and certain pesticides such as DDT). These compounds are lipophilic (meaning they become chemically bound to fat molecules) and accumulate in individual organisms via a process known as bioaccumulation. Then, as a result of biomagnification, these chemicals, bound in organisms, occur at greater concentrations with each step of the food chain. Thus, species at the top of the food chain, such as DCCOs, harbor the greatest, and most toxic, levels of these contaminants. Pathogens. Escherichia coli (E. coli) are fecal coliform bacteria associated with fecal material of warm blooded animals. There are over 200 specific serological types of E. coli and the majority are harmless (Sterritt and Lester 1988). Aquatic birds can be a source of fecal contamination of water resources. For example, Simmons et al. (1995) used genetic fingerprinting to link fecal contamination of small ponds on Fisherman Island, Virginia to waterfowl. Klett et al. (1998) were able to implicate waterfowl and gulls as the source of fecal coliform bacteria at the Kensico Watershed, a water supply for New York City. Also, fecal coliform bacteria counts correlated with the number of Canada Geese and gulls roosting at the reservoir (Klett et al. 1998). Additionally, excessive numbers of resident Canada Geese can affect water quality around beaches and in wetland
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Title | Final environmental impact statement double-crested cormorant management in the United States |
Contact | mailto:library@fws.gov |
Description | CormorantFEIS.pdf |
FWS Resource Links | http://library.fws.gov |
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Document Birds |
Publisher | U.S. Fish and Wildlife Service |
Date of Original | 2003 |
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Transcript | U.S. Fish and Wildlife Service Final Environmental Impact Statement Double-crested Cormorant Management in the United States U.S. Department of Interior Fish and Wildlife Service “Working with others to conserve, protect, and enhance fish, wildlife, and plants and their habitats for the continuing benefit of the American people” in cooperation with U.S. Department of Agriculture APHIS Wildlife Services “Providing leadership in wildlife damage management in the protection of America’s agricultural, industrial and natural resources, and safeguarding public health and safety” 2003 i FINAL ENVIRONMENTAL IMPACT STATEMENT: Double-crested Cormorant Management RESPONSIBLE AGENCY: Department of the Interior U.S. Fish and Wildlife Service COOPERATING AGENCY: Department of Agriculture Animal and Plant Health Inspection Service Wildlife Services RESPONSIBLE OFFICIAL: Steve Williams, Director U.S. Fish and Wildlife Service Main Interior Building 1849 C Street Washington, D.C. 20240 FOR FURTHER INFORMATION CONTACT: Shauna Hanisch, EIS Project Manager Division of Migratory Bird Management U.S. Fish and Wildlife Service 4401 N. Fairfax Drive MS-MBSP-4107 Arlington, Virginia 22203 (703) 358-1714 Brian Millsap, Chief Division of Migratory Bird Management U.S. Fish and Wildlife Service 4401 N. Fairfax Drive MS-MBSP-4107 Arlington, Virginia 22203 (703) 358-1714 ii SUMMARY Populations of Double-crested Cormorants have been increasing rapidly in many parts of the U.S. since the mid-1970s. This abundance has led to increased conflicts, both real and perceived, with various biological and socioeconomic resources, including recreational fisheries, other birds, vegetation, and hatchery and commercial aquaculture production. This document describes and evaluates six alternatives (including the proposed action) for the purposes of reducing conflicts associated with cormorants, enhancing the flexibility of natural resource agencies to deal with cormorant conflicts, and ensuring the long-term conservation of cormorant populations. There are four chapters that make up the critical components of an Environmental Impact Statement. Chapter 1, Purpose and Need, describes the purpose of and need for the action. Chapter 2, Alternatives, describes the six management alternatives that we considered: (1) Continue current cormorant management practices (No Action); (2) implement only non-lethal management techniques; (3) expand current cormorant damage management practices; (4) establish a new depredation order to address public resource conflicts (PROPOSED ACTION); (5) reduce regional cormorant populations; and (6) establish frameworks for a cormorant hunting season. Chapter 3, Affected Environment, introduces the reader to the environmental categories upon which the analysis of alternatives in chapter 4 is based: cormorant populations, fish, other birds, vegetation, Federally-listed Threatened and Endangered species, water quality and human health, economic impacts, fish hatcheries and environmental justice, property losses, and existence and aesthetic values. Chapter 4, Environmental Consequences, analyzes the predicted impacts of each alternative on the environmental categories outlined in chapter 3 and in comparison to the No Action alternative. The environmental analysis presented in Chapter 4 indicates that the PROPOSED ACTION: will cause the estimated take of <160,000 DCCOs, which is not predicted to have a significant negative impact on regional or continental DCCO populations; will cause localized disturbances to other birds but these can be minimized by taking preventive measures, leading to the action having beneficial effects overall; will help reduce localized fishery and vegetation impacts; will not adversely affect any Federally-listed species; is likely to help reduce localized water quality impacts; will help reduce depredation of aquaculture and hatchery stock; is not likely to significantly benefit recreational fishing economies or commercial fishing; may indirectly reduce property damages; and will have variable effects on existence and aesthetic values, depending on perspective. iii TABLE OF CONTENTS CHAPTER 1: PURPOSE OF AND NEED FOR ACTION.............................................................1 1.1 Introduction...................................................................................................................1 1.2 Purpose of Action..........................................................................................................2 1.3 Need for Action.............................................................................................................2 1.3.1 Biological...................................................................................................2 1.3.2 Socioeconomic...........................................................................................3 1.4 Background Information...............................................................................................3 1.4.1 Lead and Cooperating Agencies................................................................3 1.4.2 Policy, Authority, and Legal Compliance.................................................3 1.4.3 Other Considerations.................................................................................6 1.4.4 Cormorant Management Practices............................................................8 1.4.5 The Role of Other Agencies in Cormorant Management.......................11 CHAPTER 2: ALTERNATIVES...................................................................................................13 2.1 Introduction..................................................................................................................13 2.2 Rationale for Alternative Design.................................................................................13 2.3 Proposed Action...........................................................................................................13 2.4 Description of Alternatives..........................................................................................13 2.4.1 Alternative A: No Action.............................................................................13 2.4.2 Alternative B: Non-lethal Management.......................................................15 2.4.3 Alternative C: Increased Local Damage Control.........................................16 2.4.4 Alternative D: Public Resource Depredation Order (PROPOSED ACTION) ..............................................................................................................................17 2.4.5 Alternative E: Regional Population Reduction...........................................18 2.4.6 Alternative F: Regulated Hunting...............................................................19 2.5 Alternatives Considered but Eliminated from Detailed Study....................................19 2.5.1 No Management..........................................................................................19 2.5.2 Rescindment of MBTA Protection..............................................................19 2.6 Comparison of Alternatives.........................................................................................19 CHAPTER 3: AFFECTED ENVIRONMENT...............................................................................22 3.1 Introduction..................................................................................................................22 3.2 Biological Environment...............................................................................................22 3.2.1 Double-crested Cormorants.........................................................................22 3.2.2 Fish...............................................................................................................31 3.2.3 Other Birds...................................................................................................35 3.2.4 Vegetation....................................................................................................38 3.2.5 Federally-listed Species...............................................................................38 3.3 Socioeconomic Environment.......................................................................................39 3.3.1 Water Quality and Human Health...............................................................39 3.3.2 Economic Environment...............................................................................40 3.3.3 Fish Hatcheries and Environmental Justice................................................45 3.3.4 Property Losses...........................................................................................46 3.3.5 Existence and Aesthetic Values..................................................................46 3.3.6 Issues Raised but Eliminated from Detailed Study....................................47 CHAPTER 4: ENVIRONMENTAL CONSEQUENCES.............................................................51 4.1 Introduction.................................................................................................................51 iv 4.2 Environmental Analysis of Alternatives....................................................................52 4.2.1 Impacts to Double-crested Cormorants.......................................................52 4.2.2 Impacts to Fish............................................................................................59 4.2.3 Impacts to Other Birds................................................................................66 4.2.4 Impacts to Vegetation.................................................................................75 4.2.5 Impacts to Federally-listed Species...........................................................78 4.2.6 Impacts to Water Quality and Human Health............................................80 4.2.7 Economic Environment..............................................................................82 4.2.8 Impacts to Hatcheries and Environmental Justice......................................92 4.2.9 Impacts to Property Losses..........................................................................95 4.2.10 Impacts to Existence and Aesthetic Values..............................................96 4.3 Further Discussion of Alternatives..............................................................................98 4.3.1 Alternative A: No Action............................................................................98 4.3.2 Alternative B: Non-lethal Management....................................................100 4.3.3 Alternative C: Increased Local Damage Control......................................101 4.3.4 Alternative D: Public Resource Depredation Order (PROPOSED ACTION) ............................................................................................................................103 4.3.5 Alternative E: Regional Population Reduction.........................................105 4.3.6 Alternative F: Regulated Hunting.............................................................106 4.3.7 Mitigating Measures.................................................................................107 CHAPTER 5: LIST OF PREPARERS.........................................................................................114 CHAPTER 6: CONSULTATION AND COORDINATION AGENCIES..................................116 6.1 Introduction...............................................................................................................116 6.2 Issues of Concern and Management Options Identified During Scoping................116 6.3 Public Comments Expressed During the DEIS Comment Period............................117 6.4 List of Agencies, Organizations, and Individuals.....................................................119 CHAPTER 7: PUBLIC COMMENT ON DEIS AND RESPONSE...........................................121 CHAPTER 8: REFERENCES CITED........................................................................................139 APPENDICES Appendix 1: List of Scientific Names Appendix 2: Distribution of DCCO Breeding Colonies in North America Appendix 3: DCCO Foraging Behavior at Aquaculture Facilities Appendix 4: DCCO Management Techniques Appendix 5: Methodology for Estimating Take under the Aquaculture Depredation Order Appendix 6: Discussion of Fishery Impacts Appendix 7: Guidelines for Distinguishing DCCOs from Anhingas and Neotropic Cormorants Appendix 8: Overview of Aquaculture Production in 13 States Appendix 9: Costs of Control Methods and Techniques Appendix 10: Comparison Tables Using Christmas Bird Count Data Appendix 11: Public Scoping Report 1 – Chapter 1 CHAPTER 1: PURPOSE OF AND NEED FOR ACTION 1.1 Introduction The persistence of conflicts associated with Double-crested Cormorants (hereafter, DCCOs or cormorants; see Appendix 1 for a list of scientific names), widespread public and agency dissatisfaction with the status quo, and the desire to develop a more consistent and effective management strategy for DCCOs led the U.S. Fish & Wildlife Service (Service or we) to reexamine, and if deemed necessary, to amend our policies and practices for the management of cormorants in the contiguous United States. We chose to prepare an Environmental Impact Statement (EIS), as suggested by National Environmental Policy Act (NEPA) guidelines, including: (1) Council on Environmental Quality (CEQ) regulations in 40 CFR 1508.18, which define a “major Federal action” as “adoption of formal plans, such as official documents prepared or approved by Federal agencies which guide or prescribe alternative uses of Federal resources, upon which future agency actions will be based;” and (2) Service policy in section 550FW 3.3B(2) which states that criteria triggering the preparation of an EIS include precedent-setting actions with wide-reaching or long-term implications, changes in Service policy having a major positive or negative environmental effect, and/or conflicts with local, regional, State or Federal proposed or adopted plans or policies. As stated in 40 CFR 1502.1, the purpose of an EIS is to provide a detailed explanation of the significant environmental consequences, both good and bad, of a proposed action. This explanation includes significant effects on the natural, economic, social, and cultural resources of the affected environment. An EIS is to be prepared to inform decision-makers and the public of the proposed action and its reasonable alternatives. It should focus on significant environmental issues. This Final EIS (FEIS) identifies and provides an evaluation of six alternative approaches for managing DCCOs, including the proposed action (Alternative D). Each alternative is analyzed based on anticipated impacts to various biological and socioeconomic impact areas. This FEIS is a comprehensive, programmatic plan intended to guide and direct DCCO management activities in the 48 States (excluding Hawaii and Alaska). Where NEPA analysis is suggested or required for site-specific control projects carried out under the guidance of this document, analyses would “tier to” or reference the FEIS. Site-specific NEPA analysis would focus on issues, alternatives, and environmental effects unique to the project. Because of the important role of the Wildlife Services program of the USDA Animal and Plant Health Inspection Service (APHIS/WS) in DCCO management and research, and the need for interagency coordination in developing future cormorant management strategies, this FEIS is being prepared cooperatively by the Service and APHIS/WS. This section of the FEIS discusses the purpose of and need for the action, gives background information on the lead and cooperating agencies and the legal and policy context of the action, describes current DCCO management activities, and summarizes public involvement in this issue. 2 – Chapter 1 1.2 Purpose of Action In recent years, increasing populations of DCCOs have led to growing concern from the public and natural resource management professionals about impacts of DCCOs on various human and natural resources. Based on internal and interagency scoping and the direction set forth in 40 CFR 1508.18 and 550 FFW3.3B (described in further detail below), we published a Notice of Intent in the Federal Register on November 8, 1999 (64 FR 60826) announcing that we would prepare, in cooperation with APHIS/WS, an EIS and national management plan “to [address] impacts caused by population and range expansion of the double-crested cormorant in the contiguous United States.” The purpose of the proposed action is threefold: to reduce resource conflicts associated with DCCOs in the contiguous United States, to enhance the flexibility of natural resource agencies in dealing with DCCO-related resource conflicts, and to ensure the long-term conservation of DCCO populations. 1.3 Need for Action While cormorant-human conflicts are not new, from either a historical or a global perspective (Siegel-Causey 1999; Hatch 1995, van Eerden et al. 1995, Wires et al. 2001), the DCCO’s rapid population increase over the past 25 years has brought these conflicts in the U.S. to the point of justifying greater management attention. There is a need for the Service to allow others to conduct DCCO control to limit negative impacts to the maximum extent practicable. The issue of “need” can also be considered from the perspective of other agencies and parties with a stake in DCCO management. APHIS/WS issued a position statement emphasizing the need for scientifically-based DCCO population reduction in order to reduce impacts to aquaculture producers and other resources. Of the 27 States that commented during the public scoping period, 16 of these expressed desire for increased management flexibility and/or greater population management of DCCOs. Many non-agency stakeholders also stated that there is a need for increased DCCO control to reduce resource impacts. 1.3.1 Biological The recent increase in the North American DCCO population, and subsequent range expansion, has been well-documented (Scharf and Shugart 1981, Milton and Austin- Smith 1983, Buckley and Buckley 1984, Hatch 1984, Ludwig 1984, Blokpoel and Harfenist 1986, Price and Weseloh 1986, Roney 1986, Craven and Lev 1987, Hobson et al. 1989, Hatch 1995, Weseloh et al. 1995, Glahn et al. 1999, Tyson et al. 1999, Hatch and Weseloh 1999, Wires et al. 2001). There is a need to reduce the biological impacts resulting from this population increase which include: adverse effects on other bird species through habitat destruction, exclusion, and/or nest competition; declines in fish populations associated with DCCO predation; destruction of vegetation, particularly where DCCOs nest; and predation on Federally-listed fish species. There is a need to provide for localized variation in DCCO control because the occurrence and severity of these impacts varies from region to region. 3 – Chapter 1 1.3.2 Socioeconomic Socioeconomic impacts include economic losses to aquaculture producers, commercial fisheries, and fishing-related businesses; losses to private resources (including fish in private lakes and damaged trees); and compromised water quality. As with biological impacts, the occurrence and severity of these impacts varies from region to region. There is a need to reduce these impacts. 1.4 Background Information 1.4.1 Lead and Cooperating Agencies USDI Fish and Wildlife Service. The primary responsibility of the Service is fish, wildlife, and plant conservation. Our mission is “working with others to conserve, protect, and enhance fish, wildlife, and plants and their habitats for the continuing benefit of the American people.” While some of the Service's responsibilities are shared with other Federal, State, Tribal, and local entities, we have special authorities in managing the National Wildlife Refuge System; conserving migratory birds, endangered species, certain marine mammals, and nationally significant fisheries; and enforcing Federal wildlife laws. The Division of Migratory Bird Management mission is “providing global leadership in the conservation and management of migratory birds for present and future generations.” One of the Service’s long-term goals, as stated in the 2000-2005 Service Strategic Plan, is “migratory bird conservation.” The purpose of this goal is “to improve the status of migratory bird populations that have evidenced decline or other significant problems, including overabundance.” USDA Animal and Plant Health Inspection Service-Wildlife Services. The Wildlife Services program of the U.S. Department of Agriculture Animal and Plant Health Inspection Service (APHIS/WS) is responsible for managing conflicts with and damages caused by wildlife, including migratory birds. APHIS/WS' mission is to “provide leadership in wildlife damage management in the protection of America's agricultural, industrial and natural resources, and to safeguard public health and safety.” This is accomplished through: training of wildlife damage management professionals; development and improvement of strategies to reduce economic losses and threats to humans from wildlife; collection, evaluation, and dissemination of management information; cooperative wildlife damage management programs; informing and educating the public on how to reduce wildlife damage and; providing data and a source for limited use management materials and equipment, including pesticides (USDA-APHIS 1989). 1.4.2 Policy, Authority, and Legal Compliance Migratory Bird Treaty Act of 1918, as amended (16 U.S.C. 703-711: 40 Stat. 755). The Service has the primary statutory authority to manage migratory bird populations in the United States, authority which comes from the Migratory Bird Treaty Act (MBTA). The original treaty was signed by the U.S. and Great Britain (on behalf of Canada) in 1918 and imposed certain obligations on the U.S. for the conservation of migratory birds, including the responsibilities to: conserve and manage migratory birds internationally; sustain healthy migratory bird populations for consumptive and non-consumptive uses; and restore depleted populations of migratory birds. Conventions with Mexico, Japan, 4 – Chapter 1 and Russia occurred in later years. The cormorant taxonomic family, Phalacrocoracidae, and 31 other families were added to the List of Migratory Birds (that is, those bird species protected by the MBTA) in 1972 as a result of an amendment to the 1936 “Convention between the United States of America and the United Mexican States for the Protection of Migratory Birds and Game Mammals” (23 U.S.T. 260, T.I.A.S. 7302). Thus, since 1972, DCCOs have been a trust resource managed by the Service for the American people under the authority of the MBTA. Animal Damage Control Act of 1931 and Rural Development, Agriculture, and Related Agencies Appropriations Act of 1988 (7 U.S.C. 426-426c; 46 Stat. 1468). The U.S. Department of Agriculture is directed by law to protect American agriculture and other resources from damage associated with wildlife. The primary statutory authority for the APHIS/WS program is the Animal Damage Control Act of March 2, 1931 (7 U.S.C. 426-426c; 46 Stat. 1468), as amended in the Fiscal Year 2001 Agriculture Appropriations Bill, which provides that: The Secretary of Agriculture may conduct a program of wildlife services with respect to injurious animal species and take any action the Secretary considers necessary in conducting the program. The Secretary shall administer the program in a manner consistent with all of the wildlife services authorities in effect on the day before the date of the enactment of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2001. Since 1931, with the changes in societal values, APHIS/WS policies and programs place greater emphasis on the part of the Act discussing “bringing [damage] under control,” rather than “eradication” and “suppression” of wildlife populations. In 1988, Congress strengthened the legislative mandate of APHIS/WS with the Rural Development, Agriculture, and Related Agencies Appropriations Act. This Act states, in part: That hereafter, the Secretary of Agriculture is authorized, except for urban rodent control, to conduct activities and to enter into agreements with States, local jurisdictions, individuals, and public and private agencies, organizations, and institutions in the control of nuisance mammals and birds and those mammal and bird species that are reservoirs for zoonotic diseases, and to deposit any money collected under any such agreement into the appropriation accounts that incur the costs to be available immediately and to remain available until expended for Animal Damage Control activities. Endangered Species Act (ESA), as amended (7 U.S.C. 136; 16 U.S.C. 460 et seq.). It is Federal policy, under the ESA, that all Federal agencies seek to conserve threatened and endangered species and utilize their authorities in furtherance of the purposes of the Act (Sec.2(c)). In accordance with section 7 of the Act, the Service has prepared a Biological Evaluation and conducted informal consultation with the Service Endangered Species Program to evaluate Federally-listed species that may be affected by the proposed action. National Environmental Policy Act of 1969 (NEPA), as amended (42 U.S.C. 4321-4347). NEPA is our national charter for protection of the environment; it requires Federal agencies to evaluate the potential environmental impacts when planning a major Federal action and ensures that environmental information is available to public officials and citizens before decisions are made and before actions are taken. 5 – Chapter 1 In general, the NEPA process entails: determining what need must be addressed; identifying alternative ways of meeting the need; analyzing the environmental impacts of each alternative; and deciding which alternative to pursue and how. While NEPA does not place environmental protection over all other public values, it does require a thorough consideration of the environmental impacts associated with management actions. NEPA neither requires a particular outcome nor that the “environmentally-best” alternative is selected. It mandates a process for thoroughly considering what an action may do to the human environment and how any adverse impacts can be mitigated (http://npi.org/nepa/process.html). More specifically, there are seven major steps in the planning process for the development of an EIS and the implementation of the proposed action. These include: 1) Publication of Notice of Intent – The Notice of Intent to prepare an Environmental Impact Statement and national cormorant management plan was published in the Federal Register (64 FR 60826) on November 8, 1999. This initiated the scoping process. 2) Identification of Issues and Concerns – The Notice of Intent solicited public participation in the scoping process, which is the chief way that issues, concerns, and potential management options are communicated from the public to the lead agency. In addition to writing or e-mailing comments, citizens could attend any of twelve public meetings held across the country. The scoping period ended on June 30, 2000. All comments were read, compiled, and summarized in a public scoping report. 3) Development of Alternatives – Following scoping, six alternatives were developed to offer a range of options for managing DCCOs. These were based on NEPA regulations, public comments, interagency meetings, internal discussion, and review of available scientific information. 4) Analysis of Environmental Effects – After significant issues and alternatives were established, the environmental analysis was prepared in order to help the public and decision-makers understand the environmental consequences of the various alternatives. 5) Publication of Notice of Availability of Draft Environmental Impact Statement – The notice of availability for the DEIS was published in the Federal Register on December 3, 2001 (66 FR 60218) and announced the completion of the DEIS and its availability for public review. It was followed by 10 public meetings and a 100-day comment period. 6) Publication of Notice of Availability of Final Environmental Impact Statement – This Federal Register publication follows the public comment period for the DEIS and announces the completion of the Final EIS, followed by a 30-day waiting period. 7) Publication of Record of Decision – This is the final step of the EIS decision-making process, which states the selected alternative and why it was chosen. The actions associated with the EIS cannot be taken until the Record of Decision is issued. 6 – Chapter 1 Environmental Justice and Executive Order 12898. Executive Order 12898, entitled “Federal Actions to Address Environmental Justice in Minority Populations and Low- Income Populations,” promotes the fair treatment of people of all races, income levels and cultures with respect to the development, implementation and enforcement of environmental laws, regulations and policies. Environmental justice is the pursuit of equal justice and protection under the law for all environmental statutes and regulations without discrimination based on race, ethnicity, or socioeconomic status. Executive Order 13186. Executive Order 13186, entitled “Responsibilities of Federal Agencies to Protect Migratory Birds,” directs any Federal agency whose actions have a measurable negative impact on migratory bird populations to develop a Memorandum of Understanding (MOU) with the Service to promote conservation of migratory birds. The MOUs would identify positive actions that Federal agencies can apply to ensure their activities consider the conservation of migratory birds. The Executive Order (EO) also requires the Secretary of Interior to establish a Council for the Conservation of Migratory Birds to oversee implementation of the EO. The council will be composed of representatives from the Departments of Interior, Commerce, Agriculture, State, Transportation, Energy, and Defense; the Environmental Protection Agency; and other agencies as appropriate. 1.4.3 Other Considerations Conceptual Foundations. “Conceptual foundations” are the set of principles and assumptions that direct management activities (Anderson 1991). They influence how we interpret information, identify problems, and select approaches to their resolution (ISG 1999). Similarly, they are an expression of agency goals and philosophy, which guide management decisions. The following five statements form the conceptual foundations on which DCCO management is based: (1) DCCOs are an international migratory bird resource and as such they have inherent value regardless of their direct use to humans; (2) While DCCOs have undergone recent range expansions, they are native to North America; (3) DCCOs are predators that, while a natural part of the ecosystem, can compete with humans for fisheries, with consequences of varying ecological and socioeconomic significance; (4) DCCO populations have increased significantly in the past 25 years in North America and this increase has led to both real and perceived resource conflicts; (5) There are sound biological and socioeconomic rationales for developing a comprehensive DCCO management strategy in the U.S. Human Dimensions. Wildlife management is fundamentally a human, or social, construct. One popular introductory wildlife ecology text noted that, “the practice of wildlife management is rooted in the intermingling of human ethics, culture, [and] perceptions” (Robinson and Bolen 1989). As human populations have grown and placed greater demands on nature, and as human values toward wildlife resources have become increasingly diverse, the need to better understand the “human dimensions” side of 7 – Chapter 1 wildlife management has increased. Human dimensions entail “identifying what people think and do regarding wildlife, understanding why, and incorporating that insight into policy and management decision-making processes and programs” (Decker and Lipscomb 1991). Thus, human dimensions address the social nature of today’s natural resource problems (Manfredo et al. 1998), with particular relevance to “people-wildlife problems” in which the behavior of wildlife creates a negative impact for some stakeholders, or is perceived by some stakeholders as having adverse impacts (Decker and Chase 1997). In a paper discussing the “social causes of the cormorant revival in the Netherlands” (where Great Cormorants have become an overabundant species) the authors (van Bommel et al. 2003) stated: Ecological processes determine the potential cormorant population but social processes play a large role in determining the actual cormorant population. Ecological systems function within the subjective boundaries set by [people]… A problem situation can occur in which different parties disagree on the definition of these boundaries (Pretty 1995, Pimbert and Pretty 1995). This is often the case in nature conservation because ecosystems carry a high level of intrinsic uncertainty… When dealing with these uncertainties, people will have different views and opinions on reality. At a 1998 workshop on cormorant management in New York, participants agreed that human dimensions are important in the DCCO issue because: (1) economics and recreation are important factors; (2) it is an emotional issue that can cause polarization; and (3) it accentuates the conflict between politics and science-based management. For these reasons and others, the DCCO conflict can be viewed as a classic “people-wildlife problem,” entailing both biological and social elements. The social element is made prominent by the fact that, just as with other examples of abundant species management, from white-tailed deer to Canada Geese, public perception of the proper way to deal with the problem varies considerably. Conover (2002) wrote that the government’s role in wildlife management is “to regulate the harvest of wildlife by people, to restrict human behavior that would be detrimental to the wildlife resource, to conduct largescale management activities, and to manage wildlife for the benefit of society.” Naturally, the difficulty in doing so is because society is made up of diverse individuals who vary in their perceptions of wildlife and how they want that resource managed. When conflicts occur between wildlife and other resources that humans value, wildlife damage management decisions must be made; these are difficult decisions to make because stakeholder opinions are often highly polarized. In regard to societal expectations in natural resource controversies, the Great Lakes Fishery Resources Restoration Study (USFWS 1995), in a discussion on decision-making and public expectations, stated: When different segments of society place competing demands on nature, conflicts are inevitable and often contentious... Agencies and publics are often prevented from realizing resource potential when special interest groups fail to recognize public trust responsibilities…and the legitimacy and roles of other users. The director of the Montana Department of Fish, Wildlife, and Parks, in the July/August 2002 edition of Montana Outdoors, succinctly described the unique position of public agencies when he wrote: 8 – Chapter 1 Some have accused us of [being extreme], of being far too biased on one issue or another. Usually the charge comes from those who disagree with our position… The fact is, we’re rarely on the extreme ends of any issue. Nor should we be. We’re a public agency representing the diverse interests of all [Americans]. Not just the ones who yell the loudest. Not just the ones with the most money and political clout. And not just the ones who buy licenses. What that means is that we often take a moderate position on issues. If it appears that we ever go “too far” on any issue or policy, believe me when I say that I could always find a group of citizens angry that we didn’t go nearly far enough… No matter how hard we try, we won’t be able to make everyone happy. There will always be committed, well-meaning people on either side of an issue who think we either sold out and didn’t do enough—or that we went way too far. In sum, management of abundant wildlife populations is a particularly challenging aspect of wildlife conservation, one that demands that decision-makers consider a number of important biological and socioeconomic factors. As a public agency, the Service recognizes the importance of social, political, and economic factors in policy-making, but emphasizes that the foundation of the Service’s mission is fish and wildlife biology. Thus we are committed to pursuing biologically justified management strategies that are based on the best available science and, additionally, on the knowledge and experience of wildlife resource professionals. It is here where Romesburg’s (1981) advice that “science and planning are different kinds of decision-making” is most relevant. Planning is the domain of wildlife management and it: exposes alternative images of a future possible world to the decision-maker’s values, or preferences, and selects the best image…the images in planning are composed of scientific knowledge, common sense, rule-of- thumb knowledge, and theories that are as yet untested… Although science and planning share common tools, science and planning have different norms for certifying ideas, and hence criticism of these tools must take into account the domain of their use. The Service and APHIS/WS recognize both the controversial nature of DCCO management and the range of values reflected in public and professional views about best management actions. This FEIS reflects full consideration of the diverse views brought forth during public scoping and the DEIS comment period and provides an analytical foundation on which to base final management decisions. 1.4.4 Cormorant Management Practices Depredation Permits. While the MBTA provides migratory birds with protection from unauthorized take, it maintains a high degree of flexibility for dealing with human-bird conflicts (Trapp et al. 1995). According to the MBTA, the “take” of DCCOs is strictly prohibited except as allowed under the terms of a migratory bird permit or pursuant to regulations. Depredation permits to take DCCOs have been issued by the Service since 1986 and may allow the take of eggs, adults and young, or active nests. Guidelines governing permit issuance for migratory birds are authorized by the MBTA and subsequent regulations (50 CFR Parts 13 and 21). Specifically, Part 21.41 of Subpart D of these regulations outlines procedures for issuing permits for the control of depredating birds. These regulations state that all private individuals, organizations, and Federal and State agencies seeking to control migratory birds must file an application for a depredation permit that contains the following information: (1) a description of the area where depredations are occurring; (2) the nature of the crops or other interests being injured; (3) the extent of such injury; and 9 – Chapter 1 (4) the particular species of migratory birds committing the injury. Thus, Part 21.41 authorizes the take of migratory birds that are injuring “crops or other interests.” In issuing depredation permits, the Service has historically interpreted “other interests” to mean threatened and endangered species, property damage on private or public land, and human health and safety, although permits have been issued to protect natural resources. In 1990, Director’s Order No. 27 was instated which clarifies that the Service can issue depredation permits for migratory, fish-eating birds preying on fish aquaculture and hatchery facilities. APHIS/WS typically responds to requests for assistance with bird depredation and damage by collecting information on the type of resource being damaged, where the damage is occurring, the number and species of birds responsible for the damage, the economic losses resulting from the damage, and the control methods which have been used in attempting to resolve the damage. Based upon these evaluations, APHIS/WS personnel recommend an Integrated Damage Management approach for resolving bird depredation and damage conflicts, which could include providing recommendations to the Service for issuance of a depredation permit. While APHIS/WS provides recommendations to the Service for the issuance of migratory bird depredation permits to private entities in the cases of severe bird depredation and damage (Mastrangelo et al. 1997), the responsibility of issuing these permits rests solely with the Service (Trapp et al. 1995). In most States, a permit is also needed from the State fish and wildlife agency. APHIS/WS maintains a Management Information System (MIS) database documenting the assistance that the agency provides in resolving wildlife damage conflicts. A review of MIS data collected from FY 1995-2001 revealed that the agency responded to 1,916 technical assistance requests (“the provision of advice, recommendations, information, or materials for use in managing wildlife damage problems” [USDA-APHIS 1997b]) to reduce DCCO conflicts in 42 States, with Alabama, Arkansas, Florida, Louisiana, Mississippi, and Texas representing 65 percent of the requests over the 7-year period. MIS resource categories included aquaculture (commercially propagated finfish and shellfish) with 72 percent of technical assistance requests; natural resources (habitat, wildlife, wild fisheries) with 19 percent of requests; property (structures, boats, automobiles, aircraft, pets, timber/trees) with 6 percent of requests; and human health and safety (disease transmission to humans, wildlife aircraft strikes, direct personal injury) with 3 percent of requests. Of those 1,916 requests, APHIS/WS recommended the issuance of 533 depredation permits to the Service, of which over 95 percent were for the protection of aquaculture and natural resources. Depredation Order. In 1998, the Service issued a depredation order (USFWS 1998b; 50 CFR 21.47 ) authorizing commercial freshwater aquaculture producers in 13 States (Alabama, Arkansas, Florida, Georgia, Kentucky, Louisiana, Minnesota, Mississippi, North Carolina, Oklahoma, South Carolina, Tennessee, and Texas) to take DCCOs, without a Federal permit, when found committing or about to commit depredations to aquaculture stocks. The depredation order states that DCCOs may be taken by shooting only during daylight hours, and only when necessary to protect freshwater commercial 10 – Chapter 1 aquaculture and State-operated hatchery stocks and that such actions must be carried out in conjunction with a non-lethal harassment program certified by APHIS/WS officials. Research and Population Surveys. Prior to 1950, the U.S. Biological Survey (predecessor of the Fish and Wildlife Service) conducted extensive food habits studies on DCCOs and other fish-eating birds across the continent, with particular emphasis on potential economic impacts. More recently, the Service has conducted or funded several site-specific studies of cormorant food habits in areas such as the Penobscot River and upper Penobscot Bay, Maine; Les Cheneaux Islands, Michigan; and the Mississippi River Delta, Mississippi. In 1999, the Service provided funding for a DCCO population status assessment to be prepared by researchers from the University of Minnesota and utilized in the development of this EIS (Wires et al. 2001). This report, “The Status of the Double-Crested Cormorant (Phalacrocorax auritus) in North America,” is available online at http://migratorybirds.fws.gov/issues/cormorant/status.pdf. DCCO population monitoring is carried out cooperatively by the Service, APHIS/WS, the Canadian Wildlife Service, the States, and various universities. The U.S. Geological Survey (Patuxent Wildlife Research Center) and non-governmental organizations participate in recording and analyzing the population data. The various types of surveys include the Great Lakes Colonial Waterbird Survey, Atlantic Coast Colonial Waterbird Survey, winter roost surveys, Christmas Bird Counts, and Breeding Bird Surveys. Additionally, the APHIS/WS National Wildlife Research Center is involved in a variety of DCCO research projects, including controlled experiments to assess DCCO impacts to gross catfish production; a two-year satellite telemetry study in Alabama, Arkansas, Louisiana, and Mississippi aimed at monitoring migratory movements of DCCOs captured at aquaculture areas; a two-year satellite telemetry study in eastern Lake Ontario (in cooperation with the New York State Department of Environmental Conservation) aimed at assessing the efficacy of control activities at the Little Galloo Island breeding colony in eastern Lake Ontario; development of a deterministic population model for DCCOs; and preparation of a report titled “A Science-Based Initiative to Manage Double-Crested Cormorant Damage to Southern Aquaculture.” Information and Education Outreach. The Service participates in outreach activities to respond to public concerns and to educate the public about DCCOs. In 1998, the Service’s Division of Migratory Bird Management developed a fact sheet on DCCOs, and placed it on its website at http:// migratorybirds.fws.gov/issues/cormorant/ cormorant.html. Subsequently, the cormorant subcommittee of the Service’s Great Lakes Ecosystem Team, with involvement by State fish and wildlife agency personnel, has produced a cormorant fact sheet series. Additionally, the Service provided funding and production assistance to New York Sea Grant to produce the video “Managing Cormorants in the Great Lakes.” Service personnel have attended numerous public workshops pertaining to DCCOs and their management, often participating with State fish and wildlife agency personnel. In 1997, the Service, together with APHIS/WS, organized a symposium on the biology and 11 – Chapter 1 management of DCCOs in the Midwest and published the proceedings (Tobin 2000). In November 2000, the Service cooperated with University of Minnesota researchers in putting together a one-day workshop on the DCCO-fisheries conflict, which brought together biologists and managers from around the nation and the world. Service personnel have also accepted many invitations to speak to citizens around the U.S. who are interested in cormorants and the Service’s role in managing migratory birds. 1.4.5 The Role of Other Agencies in Cormorant Management Because DCCOs fall under the authority of the MBTA, the Service has the primary responsibility for establishing guidelines for the take of cormorants. Consequently, management options available to States and other agencies are limited by our policies and practices. However, some States have been and continue to be actively engaged in research activities and the implementation of management activities authorized by the Service. Control Activities. A survey completed by Wires et al. (2001) found that 10 States (out of 37 States and provinces that responded to the survey) reported the use of DCCO control methods. Six of the States employing control measures were in the southern U.S.; these States were conducting control programs because of depredations at aquaculture facilities and fish hatcheries. All of these States incorporated lethal and non-lethal control measures. In the Northeast, New York and Vermont are employing control measures due to habitat destruction and impacts to other colonial waterbirds in Lake Ontario and Lake Champlain. Massachusetts has undertaken limited control measures at specific sites. Additionally, the State of Oregon conducts annual DCCO harassment programs near the Oregon coast. Table 1. States Practicing DCCO Control (from Wires et al. 2001) State Lethal measures Non-lethal measures AL Shooting Harassment AR Shooting Harassment, noise-making, decoys LA Shooting Multiple harassment techniques MA None Harassment MS Shooting Harassment; Night roost dispersal program NY Egg destruction, egg oiling Nest destruction OK Shooting Hazing TX Shooting Harassment VA Yes1 Yes1 VT Egg oiling Harassment; nest destruction 1 Both lethal and non-lethal measures are undertaken, but details on specific measures employed were not provided. DCCOs also occur in Canada and Mexico. In Canada, DCCOs are not protected federally and thus are managed at the provincial level. The Province of Québec has conducted limited DCCO population control and Ontario is in the process of evaluating the need for such action. As in the U.S., Canadian DCCO populations are generally increasing. We are currently unaware of any involvement by Mexico in management of DCCOs. The precise status of DCCO populations in Mexico is unknown but probably 12 – Chapter 1 stable (Wires et al. 2001). It was last estimated by Carter et al. (1995b) at about 6,969 breeding pairs. 13 – Chapter 2 CHAPTER 2: ALTERNATIVES 2.1 Introduction This chapter, considered the “heart of the environmental impact statement” (40 CFR 1502.14), describes the six alternatives being evaluated for the purpose of managing DCCOs in the contiguous United States. It also states the “proposed action” (Alternative D), which is our preferred alternative for meeting the purpose and need stated in Chapter 1. 2.2 Rationale for Alternative Design All alternatives considered were evaluated in relation to their ability to reduce resource conflicts associated with DCCOs, increase management flexibility, and conserve healthy populations of DCCOs over the long term. NEPA regulations require the analysis of a No Action (or “status quo”) alternative. The other alternatives were developed after evaluating comments received during the public scoping period, holding interagency meetings and internal discussions, and reviewing the best available information. After the DEIS public comment period, we discussed and developed changes to the proposed action to improve its potential for efficacy in dealing with cormorant conflicts and in ensuring the conservation of populations of DCCOs and other Federally-protected species. Each alternative described below is analyzed in more detail in Chapter 4, ENVIRONMENTAL CONSEQUENCES. 2.3 Proposed Action The agency’s proposed action is the alternative that the agency believes would satisfy the purpose and need (as stated in Chapter 1) and fulfill its mission and statutory responsibilities, while giving consideration to economic, environmental, technical, and other factors. The proposed action, Alternative D, would: (1) create a public resource depredation order to authorize State fish and wildlife agencies, Tribes, and APHIS/WS in 24 States to control DCCOs on public and private lands and freshwaters to protect public resources; (2) expand the aquaculture depredation order to allow winter roost control by APHIS/WS in 13 States; and (3) allow take of DCCOs at public fish hatcheries under the depredation orders. Based on our analysis, the proposed action would be more effective than the current program; is environmentally sound, cost effective, and flexible enough to meet different management needs around the country; and does not threaten the long-term sustainability of DCCO populations or populations of any other natural resource. 2.4 Description of Alternatives 2.4.1 Alternative A: No Action (Continue existing DCCO damage management policies) Under this alternative, existing wildlife management policies and practices would continue with no additional regulatory methods or strategies being authorized. This alternative includes non-lethal management techniques (as described under Alternative B) and activities carried out under depredation permits and the aquaculture depredation order. Control techniques include the take of adults and young (by shooting), eggs (by means of oiling or destruction), and active nests (by removal or destruction). Because of Director’s Order No. 27, “Issuance of Permits to Kill Depredating Migratory Birds at 14 – Chapter 2 Fish Cultural Facilities,” depredation permits are not issued for the take of DCCOs at National Fish Hatcheries. However, the aquaculture depredation order allows DCCOs to be killed at State-operated fish hatcheries in 13 States (and at commercial freshwater aquaculture facilities). All other conflicts are dealt with on a case-by-case basis, requiring a Federal permit for every locality and occurrence where DCCO control actions take place. All depredation permits would continue to be issued by the appropriate Service Regional Office. Population surveys on breeding grounds would continue to be conducted at regular intervals. The issuance of depredation permits to take cormorants and other depredating migratory birds is guided by the regulations found in 50 CFR §21.41. There it states that an application for a depredation permit must be submitted to the appropriate Service Regional Director and that each application must contain a description of the area where depredations are occurring; the nature of the crops or other interests being injured; the extent of such injury; and the particular species of migratory birds committing the injury. The following table describes how the Service Regional Migratory Bird Permit Offices have interpreted 50 CFR §21.41 and §21.47 for various resource categories. 15 – Chapter 2 Table 2. Service Practice for Issuance of Depredation Permits for DCCOs under Alternative A (No Action) Aquaculture Private and State facilities in 13 States do not require a permit because they fall under the aquaculture depredation order (AL, AR, FL, GA, KY, LA, MN, MS, NC, OK, SC, TN, and TX). In States not covered by the depredation order APHIS/WS makes recommendations and USFWS issues permits to take birds, eggs, and/or active nests. Director’s Order No. 27 prohibits lethal control of fish-eating birds at “public” hatcheries except when an “emergency” exists. Natural Resource Issues on Public Lands/Waters Permits issued by USFWS when action is considered necessary to ensure survival and/or recovery of Federal- or State-listed threatened and endangered species. Permits may be issued by USFWS if there exists convincing evidence that a regionally significant bird population or rare and declining plant communities are being adversely affected by DCCOs. Permits may be issued by USFWS to alleviate depredation at the site of fish stocking but requests for permits are generally not issued for birds taking free-swimming fish in public waters. Other Natural Resource and Economic Issues Permits may be issued by USFWS if there is significant economic damage to privately-stocked fish on a privately-owned water body that maximizes fishing opportunities for patrons, whether done for a fee or for recreation. Permits typically issued by USFWS for significant property damage (for example, physical structures or vegetation) on public or private lands and waters. Human Health and Safety Permits issued by USFWS when evidence exists of significant human health and safety risks (for example, airports or water quality). 2.4.2 Alternative B: Non-lethal Management (Do not allow lethal management actions) Under this alternative, permits allowing the lethal take of DCCOs or their eggs would not be issued. The aquaculture depredation order would be revoked and depredation permits would not be issued. To reduce impacts associated with DCCOs, this option would allow only non-lethal management techniques such as harassment, habitat modification, exclusion devices at production facilities, and changes in fish stocking practices. Essentially, only those management techniques not currently requiring a Federal depredation permit would be continued under this alternative. Population surveys would be conducted at regular intervals. 16 – Chapter 2 2.4.3 Alternative C: Increased Local Damage Control (Expand current wildlife damage management policy) The intent of this alternative would be to expand the current DCCO depredation policy to address a broader range of resource conflicts than under the No Action (see Table 3 below). The permit renewal period for DCCO depredation permits would change from annual to biennial in order to help alleviate the increased permit review requirements (this means that permittees would reapply for a permit every two years instead of each year). The aquaculture depredation order would continue to allow DCCOs to be killed at commercial freshwater aquaculture facilities and State-owned fish hatcheries in 13 States and would be expanded to include winter roost control at aquacultural facilities in those States. Director’s Order No. 27 prohibiting lethal control of DCCOs at public fish hatcheries would be revoked. Non-lethal techniques would remain part of the management program. Population surveys would be conducted at regular intervals. 17 – Chapter 2 Table 3. Service Policy for Issuance of Depredation Permits for DCCOs under Alternative C Aquaculture Private and State facilities in 13 States do not require a permit because they fall under the aquaculture depredation order (AL, AR, FL, GA, KY, LA, MN, MS, NC, OK, SC, TN, and TX). (Same as No Action) In States not covered by the depredation order APHIS/WS makes recommendations for permit issuance and USFWS may issue permit to take birds, eggs, and/or active nests. (Same as No Action) Aquaculture depredation order expanded to include lethal control at winter roost sites in those 13 States. (Different than No Action) Director’s Order No. 27 prohibiting lethal take at public hatcheries revoked. (Different than No Action) Natural Resource Issues on Public Lands/Waters Permits issued by USFWS when action is considered necessary to ensure survival and/or recovery of Federal- or State-listed threatened and endangered species. (Same as No Action) Permits issued by USFWS for conflicts with fish, wildlife, plants, and other wild species when there is documentation of significant impacts or when best professional judgment has determined that there is a high likelihood that DCCOs are a significant detriment to the resource in question. In the latter case, a permit will be issued when the control efforts will not threaten the viability of DCCO or other wildlife populations and the agency requesting the permit prepares a site-specific management plan containing: (1) a definition of the conflict(s) with DCCOs, including a statement of the management objectives for the area in question; (2) a description of the evidence supporting the hypothesis that DCCOs are contributing to these resource conflicts; (3) a discussion of other limiting factors affecting the resource (e.g., biological, environmental, socioeconomic); and (4) a discussion of how control efforts are expected to alleviate resource conflicts. (Different than No Action) Other Natural Resource and Economic Issues Permits issued by USFWS if there is significant economic damage to privately-stocked fish on a privately-owned water body that maximizes fishing opportunities for patrons, whether done for a fee or for recreation. (Same as No Action) Permits issued by USFWS for significant property damage (for example, physical structures or vegetation) on public or private lands and waters. (Same as No Action) Human Health and Safety Permits issued by USFWS when evidence exists of significant human health and safety risks (for example, airports water quality). (Same as No Action) 2.4.4 PROPOSED ACTION – Alternative D: Public Resource Depredation Order (Establish a new depredation order to address public resource conflicts) Alternative D creates a public resource depredation order to authorize State fish and wildlife agencies, Federally-recognized Tribes, and APHIS/WS to take DCCOs found committing or about to commit, and to prevent, depredations on the public resources of fish (including hatchery stock at Federal, State, and Tribal facilities), wildlife, plants, and their habitats. This authority applies to all lands and freshwaters (with appropriate landowner permission) in 24 States (Alabama, Arkansas, Florida, Georgia, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Michigan, Minnesota, Mississippi, 18 – Chapter 2 Missouri, New York, North Carolina, Ohio, Oklahoma, South Carolina, Tennessee, Texas, Vermont, West Virginia, and Wisconsin). This alternative also revises the aquaculture depredation order by specifying that it is applicable to commercial freshwater facilities and State and Federal fish hatcheries, and by authorizing APHIS/WS employees to take DCCOs at roost sites in the vicinity of aquaculture facilities during the months of October, November, December, January, February, March, and April. Director’s Order No. 27 prohibiting lethal control of DCCOs at public hatcheries will not be revoked at this time, as was stated in the DEIS. Depredation permits would continue to be used to address conflicts outside the authority of the depredation orders. Agencies acting under the public resource depredation order will be required to comply with monitoring and reporting requirements and persons operating under the aquaculture depredation order must annually provide a current mortality log. Population surveys will be conducted at regular intervals. Table 4. Service Depredation Policy under Alternative D (PROPOSED ACTION) Aquaculture Private, State, and Federal facilities in 13 States do not require a permit because they fall under the aquaculture depredation order. (Different than No Action) In States not covered by the depredation order APHIS/WS makes recommendations for permit issuance and USFWS may issue permit to take birds, eggs, and/or active nests. (Same as No Action) Aquaculture depredation order expanded to include lethal control at winter roost sites in 13 States. (Different than No Action) Natural Resource and Economic Issues on Public Lands/Waters In 24 States, State fish and wildlife agencies, Tribes, and APHIS/WS may take DCCOs to protect public resources (fish, wildlife, plants, and their habitats) on private and public lands and freshwaters. In non-depredation order States, depredation permits for public resource damages will be issued in accordance with 50 CFR 21.41 and applicable Service policies. (Different than No Action) Permits issued by USFWS for significant property damage (for example, to physical structures or vegetation) on public or private lands and waters. (Same as No Action) Human Health and Safety Permits issued by USFWS when evidence exists of significant human health and safety risks (for example, at airports or when water quality is compromised). (Same as No Action) 2.4.5 Alternative E: Regional Population Reduction (Develop population objectives and implement actions aimed at reducing overall DCCO populations) This alternative would entail the development of regional DCCO population objectives designed to reduce damages associated with DCCOs. Population objectives would be developed on an interdisciplinary, interagency basis and would be based on the best available data, while giving consideration to other values. Control would be carried out at nesting, roosting, wintering and all other sites in order to achieve those objectives as rapidly as possible without adversely affecting other protected migratory birds or threatened and endangered species. The aquaculture depredation order would allow DCCOs to be killed at commercial freshwater aquaculture facilities and Federal, State, and Tribal fish hatcheries in 13 States and would be expanded to include winter roost control in those States. For all conflicts not addressed under the aquaculture depredation Comment: 19 – Chapter 2 order or the special statewide cormorant permit, depredation permits would be issued according to the policy outlined in Alternative C above. Non-lethal techniques would remain part of the management program, but only voluntarily. Population surveys would be conducted at regular intervals. 2.4.6 Alternative F: Regulated Hunting (Establish frameworks for a hunting season on DCCOs) Under this alternative, frameworks to develop seasons and bag limits for hunting DCCOs would be established jointly by Federal and State wildlife agencies. These seasons would coincide with those for waterfowl hunting. Additionally, the depredation policy outlined in Alternative C, above, would address DCCO conflicts (issuance of depredation permits and the aquaculture depredation order). Population monitoring would be conducted at regular intervals. 2.5 Alternatives Considered but Eliminated from Detailed Study 2.5.1 No Management Alternative This alternative would not allow for any Federal management or control of DCCOs (no depredation permit issuance, no depredation order, no harassment or habitat modification, etc.). To implement this alternative would be to ignore conflicts associated with cormorants that must be addressed if we are to fulfill our duties to manage America’s migratory birds responsibly. Since there is real biological and socioeconomic evidence (as described in Chapter 3, AFFECTED ENVIRONMENT) justifying the need for DCCO management, we find this alternative to be unreasonable (NEPA states that only “reasonable” alternatives must be considered). 2.5.2 Rescindment of Migratory Bird Treaty Act Protection Alternative This alternative would entail amending the MBTA and associated international conventions to remove the DCCO from the List of Migratory Birds (those species protected under the MBTA). DCCOs would still be protected under the laws of most States. This action would require amending the Mexican treaty and could have the undesirable result of losing protection for all species in the cormorant family (Phalacrocoracidae). We feel that this would be a drastic action that would establish precedent for removing other species and would undermine the authority of the MBTA. 2.6 Comparison of Alternatives Each alternative described above would utilize a variety of non-lethal management techniques. All of the alternatives we analyzed, except Alternative B, would allow for limited lethal take (shooting, egg oiling or destruction, and/or nest destruction), either through depredation orders or the issuance of depredation permits. Additionally, Alternative F would develop hunting frameworks for DCCOs. Differences among alternatives in the degree of lethal take are primarily related to the circumstances under which permits are issued (to control local damages or to reach population objectives) and which depredation order is in effect (aquaculture, expanded aquaculture, and/or public resource). 20 – Chapter 2 Table 5. Actions by Alternative Alternative Actions Alternative A – No Action non-lethal management¹; aquaculture depredation order²; depredation permits³ Alternative B – Non-lethal management non-lethal management1 Alternative C – Increased Local Damage Control non-lethal management1; expanded aquaculture depredation order2; depredation permits3 Alternative D – PROPOSED ACTION non-lethal management1; expanded aquaculture depredation order2; depredation permits3; public resource depredation order4 Alternative E – Regional Population Reduction non-lethal management1; expanded aquaculture depredation order2; depredation permits3 Alternative F – Regulated Hunting non-lethal management1; aquaculture depredation order2; depredation permits3, hunting seasons in participating States ¹ = includes all management techniques that are not considered “take” and thus do not require a depredation permit (harassment, exclusion devices, habitat modification, etc.) ² = under the aquaculture depredation order, DCCOs may be taken by shooting with firearms during daylight hours; those using shotguns are required to use nontoxic shot ³ = under depredation permits, shooting, egg oiling or destruction, and nest destruction are the most common techniques utilized 4 = under the public resource depredation order, DCCOs may be taken by shooting, egg oiling or destruction, nest destruction, cervical dislocation, and CO2 asphyxiation (all of which are classified as humane euthanasia techniques for birds by the American Veterinary Medical Association) 21 – Chapter 2 Table 6. Actions by Alternatives A: No Action B: Non-lethal Management C: Increased Local Damage Control PROPOSED ACTION D: Public Resource Depredation Order E: Regional Population Reduction F: Regulated Hunting New regulatory strategies no no no yes yes yes Continued issuance of depredation permits yes no yes yes yes yes Continuation of aquaculture depredation order yes no yes yes yes yes Expansion of aquaculture depredation order no no yes yes yes yes Creation of public resource depredation order no no no yes no no Allows take of nests yes yes yes yes yes yes Allows take of eggs yes no yes yes yes yes Allows take of adults and young yes no yes yes yes yes Allows harassment of adults and young yes yes yes yes yes yes Development of regional population objectives no no no maybe yes no Management activities occur on public lands yes yes yes yes yes yes Management activities occur on private lands yes yes yes yes yes yes Requires additional monitoring and evaluation no no no yes yes yes 22 – Ch apter 3 CHAPTER 3: AFFECTED ENVIRONMENT 3.1 Introduction The “affected environment” section of an EIS should “succinctly describe the environment of the area(s) to be affected by the alternatives under consideration” (40 CFR 1502.15). Thus, this chapter contains a discussion of the biological and socioeconomic environments relevant to the issues raised during scoping. 3.2 Biological Environment 3.2.1 Double-crested Cormorants The Service’s goals in migratory bird management are to conserve DCCO populations at sufficient levels to prevent them from becoming threatened or endangered and to ensure that American citizens have continued opportunities to enjoy DCCOs. Species Range. DCCOs are native to North America and range widely there. There are essentially five different breeding populations, variously described by different authors as: Alaska, Pacific Coast, Interior, Atlantic, and Southern. Recent population expansion, however, has blurred the boundaries for the Interior, Atlantic, and Southern populations (Hatch and Weseloh 1999, Wires et al. 2001). There is high variation in the migratory tendencies of these different breeding populations. Birds that breed in Florida and elsewhere in the Southeastern U.S. are essentially sedentary, those along the Pacific coast are only slightly migratory, while Atlantic and Interior birds show the greatest seasonal movements (Johnsgard 1993). The two primary migration routes appear to be down the Atlantic coast and through the Mississippi-Missouri River valleys to the Gulf coast (Palmer 1962) with increasing numbers of birds remaining in the Mississippi Delta (Jackson and Jackson 1995). Refer to Appendix 2 for a map of the distribution of DCCO breeding colonies in North America. Habitat Requirements. In the breeding season, two factors are critical to DCCOs: suitable nesting sites and nearby feeding grounds (van Eerden and Gregersen 1995, Hatch and Weseloh 1999, Wires et al. 2001). Ponds, lakes, slow-moving rivers, lagoons, estuaries and open coastlines are utilized. Small rocky or sandy islands are utilized when available. Nests are built in trees, on structures, or on the ground. Nesting trees and structures are usually standing in or near water, on islands, in swamps, or at tree-lined lakes. Nonbreeding habitats are diverse and include lakes, ponds, rivers, lagoons, estuaries, coastal bays, marine islands, and open coastlines (Johnsgard 1993). Wintering DCCOs require similar characteristics in feeding, loafing, and roosting sites as when breeding. Where DCCOs winter on the coast, sandbars, shoals, coastal cliffs, offshore rocks, channel markers, and pilings are used for roosting. Birds wintering along the lower Mississippi River roost on perching sites such as trees, utility poles, or fishing piers and in isolated cypress swamps (Reinhold and Sloan 1999, Wires et al. 2001). In all seasons DCCOs require suitable places for nighttime roosts and daytime resting or loafing. Roosts and resting places are often on exposed sites such as rocks or sandbars, pilings, wrecks, high-tension wires, or trees near favored fishing locations (Wires et al. 2001). 23 – Ch apter 3 From the time DCCOs return to their breeding colonies in the spring until the adults are brooding young, the colony site is their main “center of activity,” (i.e., they roost at the colony overnight and their daily foraging activities emanate from there). While most adults are attending young, however, auxiliary overnight roosts begin to develop. These may be on nearby unoccupied islands or they may be several miles away. The origin of the birds forming these roosts is not known for certain but they are most likely adults who have failed in their breeding attempts and/or non-breeding birds. The net result is that a new or additional “center of activity” is created in an area where the birds themselves do not otherwise breed. These late season roosts often remain active until the birds have left on migration in September or October. For example, DCCOs do not breed in the Bay of Quinte, a 60 mile-long, Z-shaped bay in northeastern Lake Ontario. However, in June, well before the migratory season, DCCOs begin to roost, at night, on islands in the bay and their numbers increase there through September. Birds come from these islands on daily foraging trips and have, in essence, established new centers of activity that are not related to the breeding colony, nor are they (yet) comprised of migrant birds (D.V. Weseloh, CWS, pers. comm.). Double-crested Cormorant Demographics. The DCCO is the most abundant of five species of cormorants occurring in the contiguous United States (the other species are Great Cormorant, Neotropic Cormorant, Pelagic Cormorant, and Brandt’s Cormorant). A conservative estimate of the total population of DCCOs in the U.S. and Canada is greater than 1 million birds, including breeding and non-breeding individuals, but is probably closer to 2 million (Tyson et al. 1999). We estimate that the current continental population of DCCOs is approximately 2 million birds. This number was derived by consulting the literature and discussing our estimate with waterbird biologists Linda Wires (University of Minnesota), Dr. Francie Cuthbert (University of Minnesota), Dr. Chip Weseloh (Canadian Wildlife Service), and John Trapp (USFWS). We used the Tyson et al. estimate of 372,400 breeding pairs as our base number. We multiplied that by 2 to get the number of breeding individuals (744,280). Then we multiplied that by 2.26, an estimate for the ratio of non-breeding to breeding birds (Weseloh unpubl. data) that is well within the published estimates ranging from 1-4 nonbreeders per breeder). This amounts to 1,682,073 and adding that to 744,280 comes to 2,426,353 birds total. In 2000, Chip Weseloh (unpubl. data) estimated the North American population for breeding and non-breeding immature DCCOs (but not adult non-breeders) at 1.850 million. Based on this information and discussions with the individuals mentioned above, we adjusted our estimate of 2.4 million to 2.0 million. While the total number of DCCOs in North America increased rapidly from the 1970s into the 1990s (Hatch 1995), estimates of Tyson et al. (1999) indicated that the overall rate of growth in the U.S. and Canada slowed during the early 1990s. This is consistent with declines in the growth rate of expanding Great Cormorant populations in northwestern Europe (van Eerden and Gregersen 1995) and with the general rule that the growth rate of wildlife populations decreases as it gets closer to carrying capacity. 24 – Ch apter 3 For the U.S. as a whole, according to Breeding Bird Survey (BBS) data (which are indices of relative abundance), the breeding population of DCCOs increased at a statistically significant rate of approximately 7.5 percent per year from 1975-2002 (Sauer et al. 2003). Within this period, growth rates of regional populations varied substantially and thus it is important to look at DCCO population growth rates from a regional perspective as well. The table below summarizes the regional populations as described in Tyson et al. 1999. The narratives that follow integrate the populations delineations used by Tyson et al. 1999 and Wires et al. 2001. See Appendix 2 for the distribution of DCCO breeding colonies in North America. Table 7. DCCO Breeding Population Estimates (from Tyson et al. 1999) Estimated # of nesting pairs Percent of continental population Estimated population growth rate * Atlantic 85,510 23% -6.5% (15.8%) Interior 256,212 68% 6.0% (20.8%) Southeast 13,604 4% 2.6% (76.9%) West Coast-Alaska 17,084 5% -7.9% (-0.6%) TOTAL > or = 372,410 2.6% (16.2%) * number in parentheses indicates “category A” estimates (i.e., results of surveys in which nests were systematically counted) Atlantic Twenty-three percent of North America’s DCCOs are found in the Atlantic population (Tyson et al. 1999). In this region, DCCOs are strongly migratory and, on the coast, occur with smaller numbers of Great Cormorants. From the early 1970s to the early 1990s, the Atlantic population increased from about 25,000 pairs to 96,000 pairs (Hatch 1995). While the number of DCCOs in this region declined by 6.5 percent overall in the early to mid-1990s, some populations were still increasing during this period (Tyson et al. 1999). Very large numbers breed in Quebec and the surrounding area (including the St. Lawrence River and its estuary) and in Nova Scotia and Prince Edward Island. Very large breeding concentrations also occur in New England along the coasts of Maine and Massachusetts. With the exception of Maine (where numbers began declining between the mid-1980s and early 1990s), rapid increases have occurred since the 1970s (Wires et al. 2001). From 1977 to the 1990s, the number of DCCOs in the northeastern U.S. increased from 17,100 nesting pairs to 34,200 pairs (Krohn et al. 1995). In parts of southern New England (Connecticut, Rhode Island, coastal New York) the DCCO has recently been documented as a breeding species and numbers are growing fairly rapidly. First breeding records were obtained in New Jersey and Pennsylvania between the late 1970s and 1990s (Wires et al. 2001). The total estimated number of nesting pairs in this population is $85,510 (Tyson et al. 1999). Small numbers of DCCOs winter in some New England States but most Atlantic birds winter along the coast from Virginia (where numbers of wintering birds are increasing) southward, along the Gulf of Mexico, and in the lower Mississippi valley (Dolbeer 1991, Hatch 1995, Wires et al. 2001). 25 – Ch apter 3 Interior Nearly 70 percent of North American DCCOs are found in the Interior region (Tyson et al. 1999). DCCOs in this region are highly migratory and are concentrated in the northern prairies, particularly on the large, shallow lakes of Manitoba (Canada), which has the largest number of breeding DCCOs in North America (Hatch 1995, Wires et al. 2001). A large number of Interior DCCOs nest on or around the Great Lakes as well, and recent evidence indicates that they are beginning to establish themselves at small inland lakes in the vicinity (Alvo et al. 2002). Since the early 1970s, numbers of Interior DCCOs have increased rapidly. From 1990 to 1997, the overall growth rate in the Interior region was estimated at 6 percent (Tyson et al. 1999) with the most dramatic increases occurring on Ontario, Michigan, and Wisconsin waters (Wires et al. 2001). From 1970 to 1991, the Great Lakes breeding population alone increased from 89 nests to over 38,000 nests, an average annual increase of 29 percent (Weseloh et al. 1995). From 1991 to 1997, the number of nests in the Great Lakes further increased to approximately 93,000, an average annual increase of 22 percent. Nest counts in 2000 estimated 115,000 nests in the Great Lakes (Weseloh et al. 2002). Average annual growth rates in the Great Lakes were lower for the period 1990-2000 than the period 1980-1990 (Weseloh et al. 2002). The total estimated number of nesting pairs in the Interior population (including Canada) is $256,212 (Tyson et al. 1999). Southern Most DCCOs in this region are wintering migrants from the Interior and Atlantic regions (Dolbeer 1991, Jackson and Jackson 1995). However, nesting DCCOs in this region are on the rise with some nesting occurrences representing first record and others recolonizations (Wires et al. 2001). Historically, sedentary breeding populations of DCCOs occurred in Florida and other southern states north to North Carolina (Hatch 1995), while in recent years DCCOs have started breeding again in Arkansas, Georgia, Mississippi, and Tennessee (Wires et al. 2001). Today, four percent of the North American breeding population of DCCOs occurs in the Southeast region (Tyson et al. 1999). Currently, breeding colonies exist in Arkansas, Delaware, Florida, Georgia, Louisiana, Maryland, Mississippi, North Carolina, South Carolina, Tennesee, Texas, and Virginia (Wires et al. 2001). The total estimated number of nesting pairs in this population is >13,604 (Tyson et al. 1999). Over the last few decades, numbers of wintering DCCOs have dramatically increased in several southern States. Since the late 1970s, wintering DCCOs have increased by nearly 225 percent since the early 1990s in the Mississippi Delta. From an average of 30,000 DCCOs counted during the winters of 1989-93 (Glahn et al. 1996) to over 73,000 counted in the winter of 2001-2002 (G. Ellis, APHIS/WS, unpubl. data). Data from Christmas Bird Counts conducted between 1959-1988 show increases ranging from 3.5- 18.7 percent in several States within this region, with the largest increases occurring in Louisiana, Mississippi, and Texas (Wires et al. 2001). In New Mexico, Texas, and Louisiana DCCOs overlap in range with Neotropic Cormorants. 26 – Ch apter 3 Pacific Coast-Alaska Approximately 5-7 percent of North America=s DCCOs are found in this population, which has approximately 27,500 nesting pairs according to Carter et al. (1995b) or >17,084 pairs according to Tyson et al. (1999). Alaska DCCOs represent approximately 12 percent of the entire Pacific coast marine population (Carter et al. 1995b) and occur with Red-faced Cormorants. Throughout their coastal range DCCOs exist with larger numbers of Pelagic and Brandt=s Cormorants and at the southern extent of their range in Mexico they occur with Neotropic Cormorants (Hatch 1995). Alaska breeding populations (P. a. cincinatus) are thought to have declined since historical times, but recent population trends are not known (Wires et al. 2001). Non-Alaska Pacific coast breeding DCCOs (P. a. albociliatus) occur from British Columbia through Sinaloa, Mexico. Historical declines throughout the range are well documented and recent population status and trends for coastal populations, from British Columbia through California, are reasonably complete. However, because recent data are not available for significant portions of this subspecies range (e.g., Mexico and some interior areas) it is not possible to summarize recent trends for the population as a whole. Carter et al. (1995) documented recent increases in California and Oregon, and declines in British Columbia, Washington, and Baja California. Tyson et al. (1999) did not consider Mexican populations and calculated a decline for the entire West Coast-Alaska region. In the past 20 years, the largest increases in the region have taken place in the Columbia River Estuary, where East Sand Island supports the largest active colony along the coast with 6,390 pairs in 2000 (Carter et al. 1995b, Collis et al. 2000, Wires et al. 2001). Increases at East Sand Island coincided with declines in British Columbia, Washington, and locations in interior Oregon and the rapid increase undoubtedly reflected some immigration from these other areas (Carter et al. 1995). Another area of recent explosive population increase is Salton Sea, California. Complete surveys of interior California populations were conducted between 1997-1999 (Shuford 2002). Shuford estimated 6,825 pairs breeding at 29 active colonies and 80 percent of all interior pairs occurred at Salton Sea. DCCOs at Salton Sea, increased from zero (1990- 1994) to 5,600 pairs in 1999, and then back to zero from 2001 through 2003 (Shuford 2002, C. Pelizza pers. comm.). Factors associated with population increases. Factors contributing to the resurgence of DCCO populations include reduced levels of environmental contaminants, particularly DDT; increased food availability in breeding and wintering areas; and reduced human persecution (Ludwig 1984, Vermeer and Rankin 1984, Price and Weseloh 1986, Fox and Weseloh 1987, Hobson et al. 1989, Weseloh et al. 1995, Wires et al. 2001). A brief case study of DCCOs in the Great Lakes provides an example of factors associated with changes in DCCO population numbers: In the early 1940s, DCCO populations in the American and Canadian Great Lakes were increasing rapidly (Postupalsky 1978, Weseloh et al. 1995). After 1945, however, organochlorine pesticides came to be widely used in the Great Lakes basin. The residues of such chemicals, particularly DDT, are ecologically persistent and rapidly bioaccumulate in the aquatic food web, and this led to severe eggshell thinning in DCCOs and other waterbirds. Cormorant eggs with thinned shells broke easily during incubation and led to a period, in the 1950s and 1960s, of almost zero productivity due to low hatching success (Postupalsky 1978, Weseloh et al. 1983, Weseloh et al. 1995). Similar eggshell thinning and reproductive failure were 27 – Ch apter 3 also found in DCCOs in southern California in the late 1960s (Gress et al. 1973). Following restrictions on the use of DDT in 1972, levels of organocholorine contaminants found in DCCO eggs declined in much of the Great Lakes (Ryckman et al. 1998) and DCCO productivity increased accordingly during the late 1970s (Scharf and Shugart 1981, Ludwig 1984, Noble and Elliot 1986, Price and Weseloh 1986, Bishop et al. 1992a and b). Organochlorine contaminant-related eggshell thinning no longer appears to be a major limiting factor for DCCO reproduction on the Great Lakes (Ryckman et al. 1998), even though there are still lingering effects of these chemicals in parts of this ecosystem three decades after they were banned (Custer et al. 1999). Changes in the food supply available to Great Lakes cormorants, on both the breeding and wintering grounds, have also played a role in their population increase. Great Lakes fish populations underwent major changes in the 20th century. Populations of forage fish species increased significantly during the late 1950s through the 1980s, likely as a result of dramatic declines in large, native predatory fish, such as lake trout and burbot, that occurred during the 1940s and 1950s. These declines in larger predatory fish were brought about by a combination of such factors as overfishing, sea lamprey predation, and loss of spawning habitat (Weseloh et al. 1995) and led to population explosions of smaller forage fish species. In particular, rainbow smelt and alewife, neither of which are native to the upper Great Lakes, became very abundant in Lakes Michigan, Huron, Ontario, and Erie through the 1970s and 1980s (Environment Canada 1995). Various studies suggest that annual productivity and post-fledging survival of DCCO young are high in years of alewife abundance (Palmer 1962; van der Veen 1973, Weseloh and Ewins 1994). In fact, changes in prey abundance have been associated with increases in populations of several fish-eating bird species worldwide (Environment Canada 1995). The growth of the aquaculture industry has provided DCCOs with an abundant food supply on their southern wintering grounds. The aquaculture industry (consisting largely of channel catfish production) has experienced significant growth in the southern U.S. over the last 20 years. While Great Lakes DCCOs historically migrated down to the coastal areas of the Gulf of Mexico to winter, since the early 1970s wintering populations of DCCOs in the lower Mississippi valley have been increasing (Reinhold and Sloan 1999, Glahn et al. 1996). The DCCO is the primary avian predator utilizing channel catfish stocks (Wywialowski 1998, Reinhold and Sloan 1999). Glahn et al. (1999b) analyzed monthly changes in body mass of wintering DCCOs in the delta region of Mississippi and in areas without extensive aquaculture production and found that DCCO utilization of catfish has likely increased winter survival and contributed to the cormorant’s recent population resurgence. Human persecution has also been a factor. DCCOs were not Federally protected until 1972. Weseloh et al. (1995) suggested that the cormorant’s initial rate of colonization into the Great Lakes was suppressed by human persecution until the 1950s. Indeed, destruction of DCCO nests, eggs, young, and adults, by fishermen and government agencies, was a common occurrence in the Great Lakes basin from the 1940s into the 1960s (Baillie 1947, Omand 1947, Postupalsky 1978, Ludwig 1984, Craven and Lev 1987, Ludwig et al. 1989, Weseloh and Ewins 1994, Weseloh et al. 1995, Matteson et al. 1999) and in the Pacific Northwest (Gabrielson and Jewett 1940, Ferris 1940, Mathewson 1986, Bayer and Ferris 1987, Carter et al. 1995a). Similar control efforts, involving large-scale spraying of eggs, occurred in Maine in the 1940s and 1950s (Gross 1951, 28 – Ch apter 3 Krohn et al. 1995, Hatch 1995) and in Manitoba on Lake Winnipegosis during the same period (McLeod and Bondar 1953, Hatch 1995). In 1972, DCCOs were added to the list of birds protected by the MBTA, which made it illegal to kill them in the U.S. without a Federal permit. Double-crested Cormorant Population Parameters. Compared to other common colonial waterbirds, the population dynamics of DCCOs have not been well-studied (Wires et al. 2001, Hatch and Weseloh 1999). The similar life histories of DCCOs and Great Cormorants (i.e., their being ecological counterparts), however, allow North American managers to gain insight from management efforts in Europe (Glahn et al. 2000b). Due to their large clutch size and persistent renesting efforts, DCCO breeding success is fairly high compared to other North American cormorants and colonial waterbirds in general (Johnsgard 1993). Age at First Breeding Van der Veen (1973) found that most birds bred for the first time at age 3 (i.e., entering their fourth year). Johnsgard (1993, citing van Tets in Palmer 1962) also stated that “the usual age of initial breeding in this species is probably three years, although successful breeding has occurred among two-year-olds.” In the early 1990s, Weseloh and Ewins (1994) observed first-breeding by many 2-year olds on Little Galloo Island in Lake Ontario. Blackwell et al. (2002) estimated that at least 17 percent of 2-year old, and 98.4 percent of age-3+, Lake Ontario DCCOs breed. Clutch Size Average clutch sizes observed over the years include: 3.8 eggs in Utah (Mitchell 1977); 3.5 eggs in Maine (Mendall 1936); 3.11 eggs in Ontario (Peck and James 1983); 3.2 eggs in Alberta (Vermeer 1969); 3.6 and 3.2 on the Madeleine Islands in Quebec (Pilon et al. 1983); 2.7-4.1 eggs, with a mode of 4, in British Columbia (van der Veen 1973); an average of 3.12 eggs over four years on Little Galloo Island, Lake Ontario (Weseloh and Ewins 1994); and 4.1-4.2 eggs at Columbia River Estuary colonies in Oregon (Roby et al. 1998, Collis et al. 2000). Hatching Success Van der Veen (1973) found that hatching success varied from 50-75 percent in DCCOs in British Columbia. Drent et al. (1964) reported an average hatching success of 60.4 percent on Mandarte Island in British Columbia, while Mitchell (1977) observed a hatching success of 54.2 percent in Utah. During two years of study on the Madeleine Islands, Quebec, hatching success rates of 74.5 and 71.8 percent were observed by Pilon et al. (1983). Roby et al. (1998) estimated hatching success in the Columbia River Estuary to be 56 percent. Wires et al. (2001) reported that DCCO hatching success is usually 50-75 percent. Fledging Success Van der Veen (1973) estimated fledging success at 74-95 percent (1.2-2.4 young per nest). Drent et al. (1964) observed a 95 percent fledging success rate on Mandarte Island, British Columbia, or an average of 2.4 young fledged per nest. In Utah, Mitchell (1977) 29 – Ch apter 3 reported a 72 percent fledging success rate. Pilon et al. (1983) reported fledging success rates of 2.1 and 2.4 young per year in Québec. Slightly lower average rates of 1.8 young fledged per nest (Hobson et al. 1989) and 1.9 young fledged per nest (Vermeer 1969) were observed in Manitoba and Alberta, respectively. Average productivity for the Great Lakes, between 1979 and 1991, ranged from 1.5 to 2.4 young per nest (Weseloh et al. 1995). Roby et al. (1998) and Collis et al. (2000) estimated that cormorants in the Columbia River Estuary fledged an average of 1.6 and 1.2 chicks on East Sand Island and 2.1 and 1.6 chicks on channel markers in the estuary during 1997 and 1998, respectively. Fowle et al. (1999) estimated productivity to be 2.5 young fledged per nest on Young Island in Lake Champlain, Vermont. Wires et al. (2001) reported that fledging success for DCCOs is typically 1.2-2.4 young per nest. Survivorship Average lifetime production has been estimated at 3.28 young per female (van der Veen 1973). Mean adult life expectancy was approximated at 6.1 years, with an estimated first-year survival rate of 48 percent, second-year survival rate of 74 percent, and 3+ years survival rate of 85 percent (van der Veen 1973). Madenjian and Gabrey (1995) estimated DCCO survival rates at: 58 percent from age 0 to age1; 75 percent from age 1 to 2 and age 2 to 3; and 80 percent for ages 3 to 4 and beyond. This is similar to survival rates estimated in European Great Cormorants: 35-54 percent in the first year, 75 percent in the second year, and 85 percent for year three and beyond (Veldkamp 1997, Bregnballe et al. 1997). Blackwell et al. (2002) estimated that annual survival of Lake Ontario DCCOs from fledging to just before age 1 was 30-35 percent and annual adult survival was 85 percent. Mean annual productivity for Lake Ontario DCCOs was estimated at 1.7-2.5 young per nest (Blackwell et al. 2002). A major mortality factor throughout the species��� range is predation. Johnsgard (1993) cited several studies indicating the following species as predators of DCCO chicks and/or eggs: California Gulls, Ring-billed Gulls, Herring Gulls, Great black-backed Gulls, American Crows, Fish Crows, Northwestern Crows, Common Ravens, and Bald Eagles. The British Columbia Wildlife Branch has associated DCCO colony failures with disturbance by Bald Eagles and predation by Northwestern Crows and Glaucous-winged Gulls (1999 unpubl. data). Other causes of mortality include disease (e.g., Newcastle disease which killed over 20,000 DCCOs in colonies in the Great Lakes, Minnesota, and North and South Dakota in 1992 [Glaser et al. 1999]), illegal human persecution, and entanglement in fishing gear (Hatch and Weseloh 1999). Cormorant populations are influenced by both density-dependent and density-independent factors (Cairns 1992a), with age of first breeding, occurrence of non-breeding, and clutch abandonment the demographic parameters most likely to respond to density (Hatch and Weseloh 1999). In a population model developed for great cormorants in Europe, Bregnballe et al. (1997) assumed three types of density dependent mechanisms: increased exclusion of potential breeders, reduced fledgling production, and increased food competition on wintering grounds. 30 – Ch apter 3 Cormorants, like other fish-eating birds, accumulate contaminants from the fish they eat. DCCO populations declined dramatically in association with high levels of contaminants during the 1960s and early 1970s. In fact, eggs of Herring Gulls, DCCOs, and Common Terns were found to contain some of the highest levels of organochlorine compounds in the world (Struger et al. 1985). Effects of chlorinated hydrocarbons on DCCOs have been most studied in the Great Lakes, where breeding populations had accumulated high contaminant burdens and showed severe impacts (Ryckman et al. 1998, Hatch and Weseloh 1999). Avian eggs and carcasses in Wisconsin were examined and contained detectable levels of several organochlorine contaminants (Dale and Stromborg 1993). The effects of these contaminants on DCCOs includes eggshell thinning (Anderson and Hickey 1972, Postupalsky 1978), elevated embryonic mortality (Gilbertson et al. 1991), reproductive failure and population declines (Weseloh et al. 1983, 1995), increased adult mortality (Greichus and Hannon 1973), increased embryonic abnormalities and crossed bills (Fox et al. 1991, Yamashita et al. 1993, Ludwig et al. 1996), egg mortality (Tillitt et al. 1992), and brain asymmetry (Henschel et al. 1997). Over the years, the Service and the Canadian Wildlife Service have used fish-eating birds such as cormorants to study the impacts of long-term exposure to persistent lipophilic environmental contaminants within the Great Lakes ecosystem (Fox et al. 1991). Contaminant levels started decreasing in the 1970s and have continued to do so up to the present, with most associated biological parameters improving accordingly (Hatch and Weseloh 1999) . For example, by 1995, most contaminant residues in DCCO eggs had declined by 83-94 percent (Ryckman et al. 1998). However, contaminant levels in Great Lakes DCCOs continue to be significantly higher than in most other parts of North America (Somers et al. 1993, Sanderson et al. 1994), partly because of the long hydrologic retention times and depth of the Great Lakes, which renders them particularly sensitive to chemical inputs (De Vault et al. 1996). Little work has been done on the effects or occurrence of metals in cormorants. Mercury is most often reported, but no effects have been identified in the wild (Hatch and Weseloh 1999). Methyl mercury is highly toxic; animal studies have indicated that chronic exposure to high mercury levels is associated with kidney damage, reproductive problems, nervous system effects, and other health problems (Johnson et al. 1998). In New Brunswick, total mercury concentrations in tissues of DCCOs were highest of nine seabird species examined (Braune 1987). A study in the Carson River, Nevada, found that DCCOs had the highest mercury concentrations of three species examined (Henny et al. unpubl. data). Additionally, recent research on loons in New York State and New England has shown that loons are exposed to high levels of methylmercury in these areas (“Loons sound alarm on mercury contamination,” Natl. Geog. Today, May 16, 2003). Because of their similar niche, it can be safely assumed that DCCOs also harbor high mercury levels in certain areas. However, contaminants are not currently a significant limiting factor of DCCO populations at the regional or continental scale. Double-crested Cormorant Foraging Ecology. DCCOs are rarely seen out of sight of land and are opportunistic, generalist feeders, preying mainly upon abundant fish species that are easy to catch (usually slow-moving or schooling fish, ranging in size from 3-40 31 – Ch apter 3 cm [1.2-16 in]), although most commonly less than 15 cm (6 in). Glahn et al. (1998) reported that availability (i.e., abundance), rather than size, is probably the most important factor in prey selection, but given equal availability DCCOs prefer prey fish that are greater than 7.5 cm (3 in) in length. They also suggested that prey fish accessibility is important in DCCO prey selection. Neuman et al. (1997) attributed variation in DCCO diet in Lakes Huron, Erie, and Ontario to movements of fish into shallow spawning areas and to spatial heterogeneity of fish habitat. Studies indicate that DCCOs have strong habitat preferences with respect to depth, distance from the breeding colony, and distance from nearest shore (Stapanian and Bur 2002). The prey of Atlantic birds suggests that they feed at the bottom of the water column, while that of Pacific and inland birds suggests that they feed in mid-water. DCCOs usually forage in shallow, open water (less than 8m) within 5 km of shore (Hatch and Weseloh 1999), although they will go farther. In freshwater lakes, DCCOs forage at fairly shallow depths and likely take prey from all levels fairly uniformly (Johnsgard 1993). A study examining DCCOs in the western basin of Lake Erie found that the most significant foraging pressure occurred in areas within a 20 km radius of nesting colonies, within 3 km of shore, and in waters less than or equal to 10 m in depth (Stapanian et al. 2002). Neuman et al. (1997) determined that cormorant foraging distances at Little Galloo Island (Lake Ontario) ranged from 3.7 to 20 km (with an average distance of 13 km). Custer and Bunk (1992) reported that birds from two colonies in the Wisconsin waters of Lake Michigan foraged an average of 2-2.4 km from the colonies, with over 90 percent of flights being within 9 km of the colonies. In Texas, Campo et al. (1993) found that the average estimated distance from the foraging area to the nearest shore ranged from 20 to 975 meters. DCCOs respond rapidly to high concentrations of fish and will congregate where fish are easily caught, such as “put and take” lakes, stocking release sites, and aquaculture ponds (Hatch and Weseloh 1999, Wires et al. 2001). The DCCO appears to be almost completely diurnal in its feeding habits. When pursuing prey, it dives from the surface and chases fish underwater. While bottom-feeding is usually solitary, DCCOs may form loose foraging flocks when feeding on schooling prey. In this way, birds create a line that moves forward as individuals at the rear fly short distances to “leapfrog” diving birds in the front. DCCOs engaged in this behavior have been documented in Georgian Bay, Ontario; Massachusetts; and Green Bay, Wisconsin, as have Great Cormorants in The Netherlands (Glanville 1992, Custer and Bunck 1992, van Eerden and Voslamber 1995, Hatch and Weseloh 1999). Observations of such behavior were also mentioned frequently during the public scoping period. For specifics of foraging behavior at aquaculture facilities see Appendix 3. 3.2.2 Fish Among natural resource agencies, a survey conducted by Wires et al. (2001) indicated that DCCO predation was perceived to be of major importance to sport and/or commercial fish in at least three States (Arkansas, Tennessee, and Texas), and of moderate importance in at least eight States (Alabama, Connecticut, Louisiana, Maine, Massachusetts, New York, Rhode Island, and Virginia). The APHIS/WS MIS database 32 – Ch apter 3 reveals that, from FY 1995-2001, of the 29 States reporting losses to natural resources, 27 reported losses to wild fish species. During public scoping, letters received from the following States indicated concern about impacts to sport fisheries: Arkansas, Georgia, Illinois, Kansas, Kentucky, Louisiana, Maine, Michigan, Nebraska, New York, North Dakota, Ohio, Oklahoma, Oregon, Texas, Vermont, Wisconsin, and Wyoming. The diet of DCCOs consists largely of fish (generally slow-moving or schooling species), with some occurrence of aquatic animals such as insects, crustaceans, reptiles, and amphibians (Johnsgard 1993, Hatch and Weseloh 1999). Trapp et al. (1999) conducted a review of diet studies carried out between 1923 and 1994 and found that of 75 fish species detected as DCCO prey items, only 29 species comprised more than 10 percent of the diet at a specific site and, of those 29, five species consistently comprised greater than 10 percent of the diet: alewife, brook stickleback, ninespine stickleback, yellow perch, and slimy sculpin. These results confirm the popular notion that the DCCO is an opportunistic feeder, utilizing a wide diversity of prey. A review of the diet literature by Wires et al. (2001) indicated that, in general, sport and commercial fish species do not contribute substantially to DCCO diet, although they and Trapp et al. (1999) both cited exceptions to this rule. In general, DCCO diet varies highly among locations and tends to reflect the fish species composition for each location, making it necessary to examine diet on a site-specific basis (Belyea et al. 1999, Wires et al. 2001). But some regional generalizations can be made about fish consumed by DCCOs. On the Pacific coast, no single species emerged as the most important prey item in past studies, although some species were very important in certain regions. In the Columbia River Estuary, diet composition differed at the two main colonies. At Rice Island, salmonids were the most important prey item with stickleback and peamouth also being important; at East Sand Island, shad, herring, and sardine were the most important prey items, with salmonids and starry flounder also important (Collis et al. 2000). In other areas, fish such as shiner perch, sculpin, gunnel, snake prickleback, sucker, and sand lance proved important components of DCCO diet (Wires et al. 2001). Aside from Pacific salmonids, several of which are Federally-listed as threatened or endangered, the populations of none of these fish species are a regional or national concern. In the Great Lakes, fish species such as alewife and gizzard shad, appear to be the most important prey items. Stickleback, sculpin, cyprinids, and yellow perch and, at some localities, burbot, freshwater drum, and lake/northern chub are also important prey fish species (Wires et al. 2001). Stapanian et al. (2002) wrote that, “Diet and foraging studies in the Great Lakes suggest that cormorants are opportunistic foragers that eat mostly small prey fish, such as young-of-the-year and yearling gizzard shad…, emerald shiner…, freshwater drum…, alewives…, and sticklebacks…,” most of which have little sport or commercial value, while noting that “cormorants consume large quantities of smallmouth bass and yellow perch in the waters near Little Galloo Island in Lake Ontario.” Studies suggest that considerable temporal variation exists in the diet of Great Lakes DCCOs (Johnson et al. 2002, Neuman et al. 1997); this can likely be attributed to fish movement, much of which is related to spawning (Johnson et al. 2002). 33 – Ch apter 3 In the southeastern U.S., most of the diet consists of shad, catfish, and sunfish species (Wires et al. 2001). In the Atlantic region, diet varies to a great extent, with no single species emerging as most important. In coastal habitats, cod, sculpin, cunner, and gunnel are important as well as sand lance and capelin. Where DCCOs are found inland or at estuaries, alewife, rainbow smelt, stickleback, smallmouth bass, yellow perch, pumpkinseed, cyprinids, and salmonids (mainly Atlantic salmon) are important prey items (Wires et al. 2001). Of these species, Atlantic salmon are Federally-listed as threatened, smallmouth bass and yellow perch are important sport fish, and cod, alewife, and rainbow smelt are commercially fished. Concern about impacts of DCCO predation on these fish has been expressed. 34 – Ch apter 3 Table 8. Geographic Range of Common DCCO Prey Species Largemouth Bass: originally ranged in the Atlantic slope watersheds south of Maryland, the St. Lawrence River basin, Great Lakes, and Mississippi River basin to northeastern Mexico. They have been stocked throughout the United States. Smallmouth Bass: originally ranged from Minnesota to Quebec, including the Great Lakes, southward to northern Alabama, and west to eastern Kansas and Oklahoma. Because of its sporting qualities, it has been introduced to many other states, Canadian provinces, and 41 other countries. Channel Catfish: naturally occurred in the central and eastern United States and southern Canada. They ranged throughout the Mississippi River drainage to northeast Mexico; to the east from the St. Lawrence River, along the western slope of the Appalachian Mountains to central Florida. They were conspicuously absent along the watersheds of the Atlantic seaboard. The species has been widely introduced for sport fishing throughout the United States. Walleye: native range is throughout most of eastern North America, including Great Lakes, but has been introduced to Western North American streams where habitat is suitable. Northern Pike: range is extensive, greater than any other freshwater game fish. Pike can be found throughout the northern half of North America, including the Great Lakes. Yellow Perch: on the Atlantic coast, range from South Carolina north to Nova Scotia. They can also be found west through the southern Hudson Bay region to Saskatchewan, including the Great Lakes, and south to the northern half of the Mississippi drainage. Bluegill: original range includes most of central and eastern United States, north into southern Canada. Alewife: native to the Atlantic Coast and entered the upper Great Lakes through the Welland Canal. Alewife populations have become established in Great Lakes and many landlocked lakes in New York, Maine, Connecticut, and other New England states. Gizzard Shad: Mississippi and Atlantic drainages, including the Great Lakes. Rainbow Smelt: essentially a marine species with chief distribution along Canadian coastal waters. Intruded into fresh waters of northeastern U.S. and the Great Lakes. Health of the Great Lakes: An Overview. In order to examine the cormorant population explosion in the U.S. and Canadian Great Lakes and its impact to fisheries from an “ecological” perspective, it helps to examine the ecosystem health of the Great Lakes. An excellent overview of the aquatic community health of the Great Lakes is that of a working paper presented at the State of the Lake Ecosystem Conference (Koonce 1995). This discussion is derived largely from that source. By most standards, the Great Lakes ecosystems are “extremely unhealthy.” The most notable justifications for this description are the Lakes’ dramatic loss of biological diversity and the establishment of non-indigenous populations (Koonce 1995). The Great Lakes Fact Sheet produced by Environment Canada’s Ontario Region (available online at http://www.on.ec.gc.ca/wildlife/factsheets/fs_cormorants-e.html) provides a concise summary of the “rise and fall of Great Lakes fish populations”: Great Lakes fish populations have undergone some profound changes in the last 60 years. One of these was the dramatic decline of large predatory fish, primarily Lake Trout and, to a lesser extent, Burbot. In Lake Ontario the most dramatic declines of these species occurred in the late 1930s and 1940s, while in Lake Huron they occurred during the 1940s and 1950s. The decline of the predatory fish was caused by many factors, including years of heavy fishing, the invasion of the sea lamprey, the loss of spawning areas. Increased amounts of toxic contaminants entering the lakes may have also been a factor. With the decline of larger predatory fish, the smaller fish species underwent an unprecedented population explosion. The main species involved in this increase were Rainbow Smelt and Alewife, neither of which was native to the upper Great Lakes. Rainbow Smelt were introduced to the Great Lakes in Michigan in 1912. They spread slowly through the lakes, becoming common in Lakes Michigan and Huron by the 35 – Ch apter 3 1930s and in Lakes Ontario and Erie by the late 1940s. Alewife were abundant in Lake Ontario by the 1890s but did not become common in Lakes Michigan and Huron until the demise of the Lake Trout in the mid-late 1940s. Thus, for a period of 30 years (1950s - 1970s) these smaller prey species increased in a manner more or less unchecked by any predatory fish or birds higher up the food web. The smaller prey fish came under heavy predation pressure in the 1980s, with the massive stocking of salmon and trout in most of the Great Lakes. As a result, the population of smaller fish decreased. However, in spite of this predation, Alewife remained abundant throughout much of the Great Lakes and were fed upon heavily by cormorants during this period. Indeed, fish play a major role in structuring aquatic ecosystems. At least 18 fish species of historical importance have declined significantly or disappeared from one or more of the Great Lakes (Koonce 1995). Accompanying these changes in native biodiversity have been a series of invasions and introductions of non-native fish species. Species that have established substantial populations include: sea lamprey, alewife, rainbow smelt, gizzard shad, white perch, carp, brown trout, Chinook salmon, coho salmon, pink salmon, rainbow trout, ruffe, rudd, fourspine stickleback, and two species of goby. In total, 139 non-native aquatic organisms (including plants, invertebrates, and fish) have become established in Great Lakes ecosystems (Koonce 1995). These changes in the biodiversity of the Great Lakes have been, and continue to be, caused by a number of chemical, physical, and biological stresses, the most important of which include: (1) large-scale degradation of tributary and nearshore habitat for fish and wildlife; (2) imbalances in aquatic communities due to population explosions of invading species such as sea lamprey, alewife, white perch, and zebra and quagga mussels; (3) reproductive failure of lake trout; (4) alterations of fish communities and loss of biodiversity associated with overfishing and fish stocking practices; and (5) impacts of persistent toxic chemicals on fish and wildlife (Koonce 1995). Koonce (1995) also noted that “evaluation of the health of the aquatic community of the Great Lakes is complicated,” mainly due to three important factors. First, identification of factors responsible for particular population effects (e.g., increased mortality rates or decreased reproductive rates) is difficult because different factors can produce similar effects on populations. Second, since populations and communities are adaptive, with healthy communities able to self-regulate in the presence of internal/external stresses, a variety of “healthy” states may be functionally equivalent (in at least an ecological sense). Third, the Great Lakes are disturbed ecosystems for which there are no undisturbed communities to serve as benchmarks for recovery; thus, “the determination of the wellness of an ecosystem requires a value judgment.” 3.2.3 Other Birds In a survey conducted by Wires et al. (2001), impacts to other bird species were reported by the States of Arkansas, Illinois, Iowa, Maine, Massachusetts, Michigan, Mississippi, New York, Ohio, Vermont, and Wisconsin. Impacts to other colonial waterbirds, particularly herons and egrets, were reported most often and these impacts were associated mainly with habitat degradation and competition for nest sites. During our EIS public comment periods, several resource agencies expressed concern about actual or potential impacts to other birds. 36 – Ch apter 3 Over the course of their life cycle, individual DCCOs may interact with other species of birds in a variety of ways. These interactions may involve competition for nest sites, competition for food, and disease transmission. 37 – Ch apter 3 Table 9. Avian Associates of DCCOs (Source: Kaufman 1996 and Ehrlich et al. 1988) American White Pelican: Habitat includes lakes, marshes, salt bays. Total population probably declined through first half of 20th century, but has increased substantially since 1970s. Anhinga: Habitat includes cypress swamps, rivers, and wooded ponds in the southern U.S. Black-crowned Night-Heron: Habitat includes marshes and shores; roosts in trees. Populations probably declined in 20th century due mostly to habitat loss; in recent years, overall population is generally stable or increasing, but declining in the U.S. Great Lakes. See Table 10 below. Brandt’s Cormorant: Habitat includes rocky areas along Pacific coast. Local populations fluctuate, but overall numbers probably stable. Caspian Tern: Habitat includes large lakes, coastal waters, beaches, bays. Overall population probably stable, perhaps increasing. Common Tern: Habitat includes lakes, ocean, bays, beaches. Northeastern populations probably lower than they were historically. Some inland populations declining, including Great Lakes. Great Black-backed Gull: Habitat mostly includes coastal waters and estuaries along the Atlantic coast. Populations increasing and breeding range steadily expanding. Great Blue Heron: Habitat includes marshes, swamps, shores, tideflats; very adaptable. Common and widespread, numbers stable or increasing. Great Cormorant: Habitat includes ocean cliffs with some found on large inland rivers in winter. North American population (also found throughout Europe) has increased dramatically in recent decades, and breeding range has expanded southward along Atlantic coast. Great Egret: Habitat includes marshes, ponds, shores, mudflats. Nearly decimated by plume hunters in 19th century, recovered in 20th century. In recent decades, breeding range has gradually expanded northward, with some evidence that southern populations have declined. Herring Gull: Habitat includes ocean coasts, bays, beaches, lakes, piers, farmlands, dumps. Populations increased greatly in 20th century and breeding range expanded. Neotropic Cormorant: Habitat includes tidal waters and lakes in the southern U.S. After declines in Texas numbers in the 1950s and 1960s, is increasing again and may be spreading north inland. Pelagic Cormorant: Habitat includes cliffs and other rocky areas along Pacific coast. Population probably stable, with close to 75% occurring in Alaska. Ring-billed Gull: Habitat includes lakes, bays, coasts, piers, dumps, plowed fields. Populations high and probably still increasing. Snowy Egret: Habitat includes marshes, swamps, ponds, shores. Nearly decimated by plume hunters in 19th century, recovered in 20th century. Has expanded breeding range northward in recent decades; populations increasing. Western Gull: Habitat includes coastal waters, estuaries, beaches, offshore islands, city waterfronts. Common, with overall numbers stable. 38 – Ch apter 3 Table 10. Comparisons of population estimates of Black-crowned Night-Herons in the Great Lakes in 1976–80, 1989–91, and 1997–2000 (from Blokpoel and Tessier 1998; Cuthbert et al. 2002; C. Weseloh unpubl. data; L. Harper unpubl. data) Body of Water 1976–1980 1989–1991 1997–2000 No. of breeding pairs No. of colonies No. of breeding pairs No. of colonies No. of breeding pairs No. of colonies Lake Michigan 558 11 859 10 927 11 Lake Huron 491 12 562 13 810 19 Lake St. Clair 0 0 98 2 0 0 Lake Erie 4,220 2 1,719 5 529 3 Niagara River 65 1 213 2 185 3 Lake Ontario 362 6 1,221 12 1,514 10 TOTAL 5,696 32 4,672 44 3,965 46 3.2.4 Vegetation Concern about negative impacts of nesting and roosting DCCOs to vegetation has been expressed by the public as well as natural resource professionals. In a survey conducted by Wires et al. (2001) respondents from Alabama, Arkansas, Connecticut, Florida, Iowa, Maine, Maryland, Michigan, New Hampshire, New York, North Carolina, Ohio, Oklahoma, Rhode Island, Vermont, and Wisconsin reported impacts to trees, while the States of Iowa, Maine, Maryland, Michigan, New Hampshire, Ohio, Oklahoma, Vermont, Virginia, and Wisconsin reported impacts to herbaceous layers. DCCOs seem to prefer nesting in trees to nesting on the ground, and trees are probably used by older, more experienced, earlier-breeding individuals (Weseloh and Ewins 1994). Along the Pacific coast, however, DCCOs nest primarily on the ground, either in low vegetation or on the barren ground of offshore islands and coastal cliffs. Typically, islands with avian breeding colonies have less vegetative cover than adjacent islands with none and, in general, plant species diversity tends to be low in colonial waterbird nesting colonies (Chapdelaine and Bédard 1995). The chief concerns associated with DCCO-induced vegetation damage are displacement of other colonial waterbird species (caused by habitat changes) and harm to plant species/communities of special management significance. Into the latter category falls the Carolinian forest vegetation type, the northernmost geographic extension of the eastern deciduous forest ecosystem. In Canada, even though the Carolinian vegetation zone makes up only 1 percent of Canada's total land area, it boasts a greater number of species of flora and fauna, many of which are considered rare, than any other ecosystem in Canada (http://www.carolinian.org/Cc1.htm). 3.2.5 Federally-listed Species A concern among members of the public and wildlife professionals, including Service and Wildlife Services personnel, is the impact of damage management methods and activities on non-target species, particularly Threatened and Endangered species. 39 – Ch apter 3 Another concern is potential impacts to Threatened and Endangered species caused by DCCOs themselves. For example, during the public scoping period, the Maine Department of Inland Fisheries and Wildlife listed DCCO predation on stocked and native Atlantic salmon as an issue of concern. Additionally, during the DEIS comment period, the State of Washington stated their concern about impacts of DCCO predation on wild salmonids. Section 7 of the Endangered Species Act (ESA), as amended (16 U.S.C. 1531-1543; 87 Stat. 884), provides that, “The Secretary shall review other programs administered by him and utilize such programs in furtherance of the purposes of this Act'' (and) shall “ensure that any action authorized, funded or carried out ... is not likely to jeopardize the continued existence of any endangered species or threatened species or result in the destruction or adverse modification of (critical) habitat ...'' Consequently, we completed an intra-Service biological evaluation and informal Section 7 consultation under the ESA for the proposed action. 3.3 Socioeconomic Environment Concerns about increasing DCCO populations extend beyond the biological to include social and economic impacts as well. 3.3.1 Water Quality and Human Health The major human health concern expressed during public scoping was contamination of water supplies by DCCO excrement. Eight States expressed concern over possible DCCO-related impacts to water quality in a survey conducted by Wires et al. (2001). Those States were Alabama, Arkansas, Connecticut, Maine, Massachusetts, Michigan, Rhode Island, and South Carolina. Additionally, residents of Henderson, New York, near Little Galloo Island in eastern Lake Ontario (home to a very large DCCO colony), expressed concern about DCCOs presenting a threat to their groundwater. Waterbird excrement can contain coliform bacteria, streptococcus bacteria, Salmonella, toxic chemicals, and nutrients, and it is known to compromise water quality, depending on the number of birds, the amount of excrement, and the size of the water body. Although the 1992 Section 305(b) State Water Quality Reports indicate that, overall, the Nation's groundwater quality is good to excellent, many local areas have experienced significant groundwater contamination. The sources and types of groundwater contamination vary depending upon the region of the country, but those most frequently reported by States include: leaking underground storage tanks, septic tanks, municipal landfills, agricultural activities, and abandoned hazardous waste sites (EPA 1992). Concerns about water quality and DCCOs exist on two levels: contaminants and pathogens. Contaminants. Elevated contaminant levels associated with breeding and/or roosting concentrations of DCCOs and their potential effects on groundwater supplies are the major concerns regarding DCCO impacts to human health. Metals and toxic organic chemicals typically originate in industrial discharges, runoff from city streets, mining activities, leachate from landfills, and a variety of other sources. These toxic chemicals, 40 – Ch apter 3 which are generally persistent in the environment, can cause death or reproductive failure in fish, shellfish, and wildlife. In addition, they can accumulate in animal tissue, be absorbed in sediments, or find their way into drinking water supplies, posing long-term health risks to humans (EPA 1992). The most toxic and persistent environmental contaminants include chlorinated hydrocarbons (also known as organochlorine chemicals; e.g., PCBs, dioxin-like compounds, and certain pesticides such as DDT). These compounds are lipophilic (meaning they become chemically bound to fat molecules) and accumulate in individual organisms via a process known as bioaccumulation. Then, as a result of biomagnification, these chemicals, bound in organisms, occur at greater concentrations with each step of the food chain. Thus, species at the top of the food chain, such as DCCOs, harbor the greatest, and most toxic, levels of these contaminants. Pathogens. Escherichia coli (E. coli) are fecal coliform bacteria associated with fecal material of warm blooded animals. There are over 200 specific serological types of E. coli and the majority are harmless (Sterritt and Lester 1988). Aquatic birds can be a source of fecal contamination of water resources. For example, Simmons et al. (1995) used genetic fingerprinting to link fecal contamination of small ponds on Fisherman Island, Virginia to waterfowl. Klett et al. (1998) were able to implicate waterfowl and gulls as the source of fecal coliform bacteria at the Kensico Watershed, a water supply for New York City. Also, fecal coliform bacteria counts correlated with the number of Canada Geese and gulls roosting at the reservoir (Klett et al. 1998). Additionally, excessive numbers of resident Canada Geese can affect water quality around beaches and in wetland |
Original Filename | CormorantFEIS.pdf |
Date created | 2013-01-23 |
Date modified | 2013-03-06 |
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