July 15, 2003
TO: Interested Parties Concerning Commercial Waterfowl Guiding on White River National Wildlife Refuge (NWR)
White River National Wildlife Refuge (NWR) continues to fine tune the commercial waterfowl guiding process implemented in 2002-2003. After a comprehensive evaluation of the issues and concerns related to waterfowl guiding, as well as soliciting public input, the Service proposes to implement several changes or additions to the 2003-2004 season. The Service will continue to monitor the program, listen to the public’s concerns and implement changes to the permit process to provide for a high quality recreational hunting experience for all Refuge waterfowl hunters. Permits will again be issued for one year, 2003-2004.
The changes identified are consistent with 516 DM2 Appendix 1 (A)1 which reads: “Changes or amendments to an approved action when such changes have no or minor potential environmental impact”. Therefore, these actions warrant a categorical exclusion dated July 15, 2003.
The U. S. Fish and Wildlife Service (Service) implemented the provisions related to an “Environmental Assessment: Proposed Changes in Commercial Waterfowl Guiding on White River National Wildlife Refuge in Arkansas” (EA) during the 2002-2003 season. The assessment outlined the actions the Service would implement in order to restructure it’s plan on commercial guide services for waterfowl hunting on White River National Wildlife Refuge and to comply with the Service’s legal mandates concerning compatibility. Under this new plan the Service limited the number of guides and assigned the guides to specific zones, for the purpose of reducing conflicts and providing safe, high quality waterfowl hunting experiences on White River NWR.
“A Finding of No Significant Impact” (FONSI) dated July 12, 2002, and modified July 24, 2002, determined that the proposal did not constitute a major Federal action significantly affecting the quality of the human environment under the meaning of Section 102(2)(e) of the National Environmental Policy Act of 1969 (as amended).
During the first year of this new waterfowl guiding proposal the Service monitored and evaluated the program and planned to implement necessary modifications to ensure that program objectives were met. Additional public comments were solicited after the 2002-2003 waterfowl season by news release, “White River NWR Solicits Comments on Waterfowl Guiding,” dated February 11, 2003. The majority of the comments received (197) were against any commercial waterfowl guiding on White River NWR. However, 194 of those comments were registered on one petition. There were (10) comments in support of commercial waterfowl guiding on White River NWR. Those ten requested that the Service return to the unlimited permit system or substantially increase the number of permits above the 17 issued in 2002-2003. A consensus on commercial waterfowl hunting on White River NWR remains elusive; public comments either support, or are opposed to, guiding on the refuge land. The Service continues to strive for a balance between the two opinions.
All other criteria outlined in the Service’s proposal will apply as described in Appendix A and associated Sections from the original EA. The original EA, proposed changes for 2003-2004, and permit application may be viewed over the internet at http://whiteriver.fws.gov. Those individuals wishing to obtain hard copies of the commercial waterfowl guiding application may contact White River NWR, P. O. Box 308, DeWitt, AR 72042.
Proposed changes to the permit process for the 2003-2004 season are attached.
Sincerely yours,
Larry E. Mallard
Refuge Manager
White River NWR
Attachments
CHANGES FOR 2003-04 COMMERCIAL WATERFOWL
GUIDE APPLICATION REQUIREMENTS FOR
WHITE RIVER NATIONAL WILDLIFE REFUGE
07/15/03
1. Requirement that applicants have waterfowl guiding experience in Arkansas.
(Justification) Those individuals that have guided in Arkansas in the past have demonstrated their ability to provide waterfowl guide services under Arkansas Game & Fish guidelines and have a proven track record. Also, any concerns, complaints, or previous violations can be monitored. This requirement was developed from public comments and U. S. Fish and Wildlife Service (Service) concerns as the guide program has evolved.
2. All permittees and their assistants operating in the field with clients must possess a current first aid and CPR certification. They must also have a written plan of action in case of emergencies such as hypothermia, as was required in last year’s permit application.
(Justification) Permitted guides are responsible for the client’s welfare during the client’s visit to Service lands. It would be in the best interest of all parties if both the guide and his assistant were certified in these courses, in case of a medical emergency that would involve first aid response to prevent loss of life or limb. This requirement was developed from public comments and Service concerns as the guide program has evolved.
3. Permit holders must utilize at least 25% of the possible guided hunter slots for each year of the life of the permit. This includes only those hunters that pay for guide services. The maximum number of guided hunters allowed per party under this permit is (8) each day. For each hunt year, the permit holder log must reflect that an average of (2) guided hunters per day were commercially guided on Service property. Example: For a 60 day waterfowl season, the minimum number of hunters would be 60 days X 2 hunters/day = 120 hunters total for the season or an average of 2 hunters per day. Failure to meet this standard of use may result in denial of a permit request for the following year. An appeals process will be outlined within all waterfowl guide Special Use Permits for any permit application denial due to this special condition of the permit.
(Justification) This will ensure a permit has not been drawn by individuals that do not intend to use them. Guided hunter opportunities would be provided at a minimum level. This “use or lose” guideline will further assure those hunters that choose to utilize the services of a commercial guide service that they can be accommodated on White River NWR. Guide services that choose not to provide the agreed to utilization defeats the goals of the waterfowl guide program and potentially adversely effects guided hunter participation. During the 2002-2003 waterfowl season the percent of use by permitted guides varied from 0%-53%. The 25% utilization rate represents a reasonable expectation of the minimum number of hunters provided by guide services. This requirement was developed from public comments and Service concerns as the guide program has evolved.
4. All waterfowl zones will be filled by (17) selected qualified applicants, with unsuccessful qualified applicants being placed in a pool of alternates. These alternates will be referred to as the “A-LIST”. The alternates will be identified by their top priority zone and allowed to compete for vacancies. During the year the “A-LIST” will be utilized to replace permitted guides that have had his/her permit revoked or denied, and in the event of flooding that makes more hunting habitat available. This list will also be utilized to fill any zones that are vacant after the initial drawing.
(a) Up to (10) additional permits will be made available on the North unit in the event of flooding. This includes three additional permits each for Brown Shanty and Maddox Bay zones and two additional permits each for the Crooked and Roc Roe zones. Flooding conditions will be defined as 24.5 feet on the White River at St. Charles, Arkansas, and 25.5 feet at Clarendon, Arkansas, simultaneously during the waterfowl hunt season.
(b) If vacant zones still exist after the initial drawing, an additional drawing will be held from the “A-LIST” to choose individuals that would like to fill any unoccupied zones. If there are still vacant zones after the “A-LIST” is given an opportunity to fill unoccupied zones, then the original selected applicants may choose to compete for a second permit. This process will be utilized in the event that all zones are not filled initially and to fill the additional permits available in the event of flooding (see (a) above). NOTICE, THIS IS THE ONLY TIMES ONE GUIDE SERVICE MAY POSSESS MORE THAN ONE PERMIT. Under these circumstances, a guide that is selected for a second permit may identify a permit holder and assistant for the second permit. All persons identified must meet all standards within the application.
(Justification) a) The 10 additional permits will allow commercial guiding opportunity during flooded conditions when all hunters are able to disperse from the traditional land locked lakes. The increased hunting area benefits both the commercially guided hunter as well as the non-guided public as more available hunting sites are generated.
(Justification) b) This additional draw will allow for maximum utilization of all available commercial waterfowl hunt zones with qualified applicants.
The above requirements (a & b) were developed from public comments received during the 2002-2003 waterfowl season and from the February 2003 news release soliciting comments.
5. All applicants will be required to complete and submit a W-9 or other federal tax form along with their applications. They will also be required to follow federal tax laws to identify their guide assistant as an employee or equal business partner.
(Justification) This requirement will ensure that the interest of the Unites States Government is being safeguarded and any taxes due from the generation of income from this program will be reported as income. These requirements will also benefit any guide assistant in payment of his/her social security benefits during the time that they are employed as an assistant under this permit. This requirement was developed by the Service to adhere to prescribed tax laws and guidelines.
6. All waterfowl hunters may enter the refuge no earlier than 4:30 a.m. each day.
(Justification) Large areas of the North Unit of White River National Wildlife Refuge have very little improved roadway access. By moving the entry time to
4:30 a.m. as opposed to the traditional 5:00 a.m., this should allow hunters more time to access and set up hunt equipment before first light each day. This requirement was developed from public comments received during the 2002-2003 waterfowl season and from the February 2003 news release soliciting comments.