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APPENDIX B

NORTHERN TALLGRASS PRAIRIE NATIONAL WILDLIFE REFUGE

SPORT FISH PLAN

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Northern Tallgrass Prairie

National Wildlife Refuge Sport Fishing Plan 2019

U.S. Fish and Wildlife Service

Northern Tallgrass Prairie National Wildlife Refuge

44843 687th Ave

Odessa, MN 56276

Submitted By:

Project Leader

________________________________________ _____________

Signature Date

Concurrence:

Refuge Supervisor

Concurrence:

_______________________________________ _____________

Signature Date

Approved:

Regional Chief,

National Wildlife Refuge System

_______________________________________ _____________

Signature Date

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Contents

I. INTRODUCTION 3

II. CONFORMANCE WITH STATUTORY AUTHORITIES 5

III. STATEMENT OF OBJECTIVES 7

IV. ASSESSMENT 7

V. DESCRIPTION OF THE FISHING PROGRAM 8

VI. MEASURES TAKEN TO AVOID CONFLICTS WITH OTHER MANAGEMENT

OBJECTIVES 10

VII. CONDUCT OF THE FISHING PROGRAM 11

VIII. REFERENCES 13

IX. APPENDIX A. REFUGE MAP 14

X. APPENDIX B. DRAFT COMPATIBILITY DETERMINATION 15

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I. INTRODUCTION This Sport Fishing Plan formulates the general concept for fishing opportunities on the Northern

Tallgrass Prairie National Wildlife Refuge (refuge).

The Northern Tallgrass Prairie National Wildlife Refuge encompasses 4,837 fee title acres and

6,219 easement acres. The refuge spans 85 counties in western Minnesota and north-western

Iowa. Sport fishing will only be open on fee title acres found in Dickinson, Jasper, Kossuth, and

O’Brien counties in northwestern Iowa and Clay, Kandiyohi, Kittson, Lincoln, Murray, Norman,

Otter Tail, Pope, Rock, and Stevens counties in western Minnesota. A map of the fee title areas

proposed to be open for fishing can be found in the Appendix (Appendix A). The map is missing

a recent addition of fee title land of approximately 150 acres in Clay County, Minnesota. The

map will be updated in the final plan to reflect this missing parcel.

Northern Tallgrass Prairie National Wildlife Refuge was established in 2000 to preserve and

enhance the remaining remnant tracts of northern tallgrass prairie and aspen parklands habitats

within Iowa and Minnesota. The refuge is authorized for 77,000 acres through conservation

easements and government ownership in all or part of 85 counties in western Minnesota and

northwestern Iowa. The purposes of the Northern Tallgrass Prairie National Wildlife Refuge

derive from the Fish and Wildlife Act of 1956: “... for the development, advancement,

management, conservation, and protection of fish and wildlife resources ... 16 U.S.C. §

742f(a)(4)" “... for the benefit of the United States Fish and Wildlife Service, in performing its

activities and services. Such acceptance may be subject to the terms of any restrictive or

affirmative covenant, or condition of servitude ..." 16 U.S.C. § 742f(b)(1) (Fish and Wildlife Act

of 1956).

Protection, enhancement and restoration of native prairie is a high priority for the U.S. Fish and

Wildlife Service (Service) and its partners. Conserving, managing, and restoring the diversity

and viability of native fish and wildlife populations associated with native prairie is also a chief

objective. The Service is a partner in the multi-agency/organization effort to conserve prairie in

Minnesota and Iowa.

The refuge provides some (less than 5%) aquatic habitat, in which fish can be found. The

existing fishable areas include small sections of Little Sioux River (Dickinson County Iowa),

Indian Lake and Pipestone Creek (Pipestone County Minnesota), and Beaver Creek and

associated tributaries (Rock County Minnesota). The remaining habitat currently acquired and

projected to be acquired is classified as majority upland. As additional fee title lands are acquired

they will be open for fishing after they meeting required compliance needs. It is likely that a

categorical exclusion would be used since <5% of the total acreage in future acquisitions over

the next 20 years are projected to be suitable fish habitat and therefore would not cause a

measurable increase in fishing pressure.

This Sport Fishing Plan will describe, in detail, the current and future fishing opportunities, how

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fishing will be conducted, and conflict resolution with other management objectives.

The refuge identified goals in the interim Comprehensive Conservation Plan and environmental

impact statement completed in 1998. Refuge goals are:

● Preserve remnants of native tallgrass prairie to ensure protection of unique plant

communities, native fish and wildlife, and historic and cultural sites.

● Restore native tallgrass prairie, including:

● Enhancement of some of the best remaining degraded remnants of tallgrass prairie

through management practices (burning, grazing, etc.) and inter-planting or

seeding of native plant species. Associated natural wetland habitats including

prairie wetlands (potholes), fens, wet prairie, and riverine areas could be enhanced

as well.

● Reconstruction of areas of tallgrass prairie using native plant species to buffer or

connect remnant native prairie tracts.

● Conserve, manage, and restore the diversity and viability of native fish and wildlife

populations associated with tallgrass prairie.

● Provide public areas for compatible wildlife-dependent uses, emphasizing increased

public understanding of the tallgrass prairie.

II. CONFORMANCE WITH STATUTORY AUTHORITIES The National Wildlife Refuge System includes Federal lands managed primarily to provide

habitat for a diversity of fish, wildlife and plant species. National wildlife refuges are established

under many different authorities and funding sources for a variety of purposes.

The authority for the establishment of the Northern Tallgrass Prairie National Wildlife Refuge is

the Fish and Wildlife Act of 1956 (16 U.S.C. § 742 (a)(4) and (b)(1). The primary source of

funds for land acquisition for this refuge is the Land and Water Conservation Fund. The Nature

Conservancy also donates fee and easement lands. Funding for the fishing program will be a part

of the refuge operations and maintenance fund.

This Sport Fishing Plan has been developed to guide fishing on the refuge in a manner that

allows the Service to fulfill the purposes for which the refuge was established as well as provide

wildlife-dependent recreation opportunities to the public.

In the 1998 Finding of No Significant Impact for the “Environmental Impact Statement and

Interim Comprehensive Conservation Plan (CCP) for the Northern Tallgrass Prairie National

Wildlife Refuge” the Service selected for implementation of Alternative B. This alternative

identified that the refuge will be opened to fishing in accordance with state regulations. The

Service also determined, per a draft 2019 Compatibility Determination, that this use is

compatible with the purpose of the refuge and the mission statement of the National Wildlife

Refuge System (Appendix B).

Guidance for authorizing public uses on national wildlife refuges is provided in the

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National Wildlife Refuge System Improvement Act (Improvement Act) of 1997 (USFWS 1997).

The Improvement Act states, “compatible wildlife-dependent recreation is a legitimate and

appropriate general public use of the System…through which the American public can develop

an appreciation for fish and wildlife”. The Improvement Act recognizes that wildlife-dependent

recreational uses involving hunting, fishing, wildlife observation, wildlife photography, and

environmental education and interpretation, when determined to be compatible, are a legitimate

and appropriate use of the Refuge System lands. The Improvement Act states that these specific

six uses should receive priority consideration in refuge planning and management. Other uses not

listed as priority public uses may be allowed if they are determined to be appropriate and

compatible with the purposes for which the refuge was established.

According to the Improvement Act, when a wildlife-dependent recreational use is determined to

be a compatible use and is not inconsistent with public safety, that activity should be facilitated.

The term “compatible use” is defined as a wildlife-dependent recreational use or any other use of

a refuge unit that, in the sound professional judgment of the Director, will not materially

interfere with or detract from the fulfillment of the mission of the System or the purposes of the

refuge. The U.S. Fish and Wildlife Service’s Final Compatibility Policy (USFWS 2000) pursuant

to the Improvement Act delegates the responsibility of determining compatibility to the refuge

manager with concurrence by the regional office supervisor.

Fishing on the refuge will allow refuge staff to provide wildlife-dependent recreational

opportunities for the public and promote a better understanding and appreciation of natural

habitats and their associated fish and wildlife resources. Implementation of the proposed actions

will be consistent and compatible with the Refuge Recreation Act, the Refuge Administration

Act, and the Final Environmental Impact Statement for the establishment of the Northern

Tallgrass Prairie National Wildlife Refuge.

Relationship to other Plans and Documents

The Environmental Impact Statement establishing the refuge and the interim Comprehensive

Conservation Plan for the refuge were approved in 1998. The CCP identified that on most units

of the refuge, fishing would be permitted in accordance with state seasons and limits. Both Iowa

and Minnesota Departments of Natural Resources (IA DNR, MN DNR) will be asked to concur

with this general management approach. The refuge manager may establish time and space zones

to regulate fishing to insure it remains compatible with the wildlife and refuge purposes and to

reduce potential conflict between users.

Upon completion and adoption of this Sport Fishing Plan, the Service will publish in the Federal

Register a Proposed Rule that updates the fishing program on the refuge. Following the comment

period on the Proposed Rule, a determination will be made whether to implement the updated

fishing opportunities outlined in this Sport Fishing Plan. Subsequently, a Final Rule will be

published outlining fishing on the refuge.

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III. STATEMENT OF OBJECTIVES The objectives of a sport fishing program on Northern Tallgrass Prairie Refuge are to provide:

● the public with recreational opportunities to experience wildlife on more refuge lands and

increase opportunities for anglers;

● biological diversity by preserving the natural diversity and variety of biotic communities

occurring on refuge lands;

● wildlife-dependent public recreation as mandated by and according to Service law and

policy;

● preserve our American heritage.

Fishing is consistent with the refuge’s Interim Comprehensive Conservation Plans larger goals of

preservation, protection, restoration and enhancement of native tallgrass prairie habitat and

maintenance of the biological diversity that this habitat possesses. This would include protecting

rare and endangered prairie species, providing habitat for migratory bird species (including

waterfowl), managing existing prairies for plant and animal diversity, and restoring former

prairie lands. Protection of the soil and water resources will further contribute to economic,

recreational and educational opportunities.

The following fishing program information for the Northern Tallgrass Prairie National Wildlife

Refuge is outlined in the 1998 Interim Comprehensive Conservation Plan:

On most units of the refuge, fishing will be permitted in accordance with state seasons

and limits. Both Iowa and Minnesota Departments of Natural Resources will be asked to

concur with this general management approach. The refuge manager may establish time

and space zones to regulate fishing to insure it remains compatible with the wildlife and

refuge purposes and to reduce potential conflict between users.

Certain small portions of the units may be closed to fishing when the manager determines

that there are specific habitat or wildlife protection needs that are best met by establishing

sanctuary areas.

A Sport Fishing Plan may further define parameters under which fishing may be

regulated, and is why this plan is being created

IV. ASSESSMENT The Service has not formally opened fishing on Northern Tallgrass Prairie National Wildlife

Refuge prior to this plan.

Fish populations on refuge lands are considered healthy enough to support recreational fishing.

While minimal aquatic acreage has been acquired and large amounts are not projected to be

acquired, the Northern Tallgrass Prairie National Wildlife Refuge boundary contains a wide

variety of aquatic habitats which are characterized by different fish communities. Fish habitats

ranging from prairie potholes to lakes and warm water streams to large rivers can be found

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within the acquisition boundary. The seven major watersheds contained in the refuge area are the

Red, Minnesota, Crow, Big Sioux, Little Sioux, Des Moines and Iowa rivers.

Important sport fish species known to inhabit waters in western Minnesota and northwest Iowa

include walleye, northern pike, largemouth bass, smallmouth bass, sunfish, crappie, channel

catfish, flathead catfish, bullheads and yellow perch. Carp, buffalo, and bullhead are the

dominant commercial species (USFWS 1998).

The primary aquatic resource on acquired and proposed lands for the refuge are prairie potholes

and small wetlands. Fishery resources of these systems are dominated by fathead minnows and

stickleback. Fatheads are an important bait minnow and are trapped extensively on non-service

lands in western Minnesota (USFWS 1998). All minnow trapping is prohibited on the refuge.

The Service will rely on Minnesota and Iowa DNR fisheries assessments and expertise for

establishing regulations and species limits for waters located within the acquired and proposed

tracts. As more land is acquired and the magnitude of the fishing program is expanded, we do not

anticipate additional conflicts with other programs since most acquired land is non-aquatic

habitat and since existing fishable areas on the refuge are accessible by walk in access.

There are no known administrative conflicts associated with the proposed fishing program. All

features of the program are in compliance with state and Federal objectives for the region. The

Minnesota and Iowa DNRs and several other public land agencies control significant acreages

adjacent to and within the refuge acquisition boundary and fishing is currently allowed on these

lands.

V. DESCRIPTION OF THE FISHING PROGRAM Most of the refuge supports fishable populations of game species where suitable habitat exists.

Most of the refuge is open to the public for some type of recreational use (hunting, fishing,

wildlife observation, interpretation, photography, and/or environmental education).

Proposed Fishing Program:

The proposed regulation is to follow state fishing regulations. Minnesota and Iowa DNR publish

their regulations each year and are available online:

https://www.dnr.state.mn.us/regulations/fishing/index.html

https://www.iowadnr.gov/Fishing/Fishing-Licenses-Laws

Print copies of these resources are also made available by the state on an annual basis and

generally can be found where fishing licenses are sold.

Areas capable of being fished would cover approximately 5% of the existing 4,837 fee title acres

open to fishing on the refuge. As additional suitable lands are acquired, they would also be

opened to fishing after completing required compliance necessary. All refuge management

activities and refuge actions require some level of NEPA compliance and possibly compliance

with other environmental laws and regulations (e.g., Endangered Species Act, National Historic

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Preservation Act). It is projected that an addition of <5% total acreage over the next 20 years

would be suitable fish habitat and therefore not cause a measurable increase in fishing pressure.

The refuge ownership is constantly changing as new land is acquired.

Fishing hours and seasons will correspond with state regulations. As additional lands are

acquired and refuge management programs are instituted, it may become necessary to impose

some regulations that are more restrictive than state laws (ie: closed areas, size limits). These

modifications will be included during the annual amendment process through the Federal

Register and the public will be informed through media and posting. As with other uses, we will

look for opportunities to seek feedback on angler experience and success.

Consultation will be made with Minnesota and Iowa DNR Fisheries, fisheries biologist and area

managers to discuss the merit and success of the refuge fishing program, the status of the area's

fish and game resources, and to consider recommendations for program modifications via the

annual amendments.

Law enforcement of refuge and state fishing regulations, trespass and other violations associated

with management of the refuge is the responsibility of a refuge law enforcement officer. Refuge

officers cooperate with, and are assisted by, state and county officers as well as state

conservation officers. Ongoing coordination and communication between refuge staff and law

enforcement officers is conducted throughout the year.

Sport Fishing State regulations apply as to license, seasons, sizes, limits, methods of take, and species of fish to

be taken with the following exceptions:

1. Minnows, crayfish, frogs and turtles are protected and may not be collected or harvested.

2. Motorized boats are prohibited.

Consultation and Coordination with the State

National wildlife refuges, including Northern Tallgrass Prairie National Wildlife Refuge,

conduct fishing programs within the framework of state and Federal regulations. All authorized

fishing opportunities are at least as restrictive as state regulations. The Minnesota and Iowa DNR

will be informed of the draft Sport Fishing Plan and afforded an opportunity to comment on the

plan. The framework for the Sport Fishing Plan was provided in the Interim Comprehensive

Conservation Plan. Through the interim CCP and Environmental Impact Statement process the

refuge worked with all partners to provide opportunities for input. The proposed fishing program

for the refuge mirrors state regulations for both Iowa and Minnesota.

Methods of Control and Enforcement

The enforcement of refuge and state fishing regulations, trespass and other public use violations

normally associated with management of a national wildlife refuge is the responsibility of

commissioned refuge law enforcement officers. The law enforcement officers within the refuge

acquisition boundary cooperate with, and are assisted, by state, county and city police officers as

well as state conservation officers. The procedures used for obtaining law enforcement assistance

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are based on the legal jurisdiction where incidents occur. The refuge regularly meets with the

various state, city and county law enforcement agencies to develop agreements and strategies to

ensure law enforcement operations are performed as safely and efficiently as possible.

Funding and Staffing Requirements

The fishing program is designed to be administered with minimal refuge resources. The costs of

administering and enforcing the refuge fishing program comes out of the the annual budget of

each Wetland Management District or refuge that overseas management of units in their

boundaries. Expenses include program management, staff resources, boundary posting, signage,

brochures, facility maintenance and other fishing specific activities.

VI. MEASURES TAKEN TO AVOID CONFLICTS WITH OTHER MANAGEMENT OBJECTIVES Biological Conflicts

The refuge avoids conflict related to biological resources by adopting the “wildlife first”

principle explicitly stated in the Refuge Improvement Act. Staff monitors species population

trends to ensure that target species can be fished for on the refuge without adversely affecting the

species. These monitoring activities include direct observation of populations, consultation with

state and Service species specialists, and review of current species survey information and

research. The refuge could limit or exclude fishing activities on portions of refuge units to avoid

conflicts related to biological resources.

The Federally threatened/endangered Indiana bat, gray wolf, northern-long eared bat, piping

plover, least tern, Dakota skipper, Powshiek skipperling, pallid sturgeon, Topeka shiner, prairie

bush clover, rusty patched bumble bee and western prairie fringed orchid may occur on the

refuge and are found within the boundaries of the refuge acquisition boundary. Only the Topeka

shiner and western prairie fringed orchid are documented on the refuge. An Endangered Species

Act Section 7 consultation was conducted and it was determined that the proposed alternative

will not conflict with the recovery and/or protection of these species. A determination of “No

Effect” was made as the proposed project will not directly or indirectly affect (neither negatively

nor beneficially) individuals of listed/proposed/candidate species or designated/proposed critical

habitat of such species. Section 7 of the Endangered Species Act requires Federal agencies to

evaluate potential impacts to Threatened and Endangered species and their habitats and an

Environmental Assessment under the National Environmental Policy Act specifically for the

fishing program and addresses each of these species. See the Environmental Assessment for the

Section 7 Analysis.

Public Use Conflict

We do not anticipate any conflict between fishing and other recreational uses of the refuge. The

boundary of most lands owned by the Service are posted with refuge boundary signs. Areas

administratively closed to fishing will be clearly marked with “No Fishing Zone” or “Area

Beyond This Sign Closed” signs.

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Administrative Conflicts

Refuge management activities can be accomplished without conflict with fishing

activities through the use of administratively closed areas, timing of fishing, size limits, and

methods of fishing.

VII. CONDUCT OF THE FISHING PROGRAM Fishing Regulations

Regulations Pertaining to all National Wildlife Refuge System Lands

Regulations pertaining to fishing on all national wildlife refuges are found in 50 CFR 32.5. They

State:

§ 32.5 What are the requirements for sport fishing on areas of the National Wildlife

Refuge System?

The following provisions shall apply to each person while engaged in public sport fishing

on a wildlife refuge area:

(a) Each person shall secure and possess the required state license.

(b) Each person shall comply with the applicable provisions of Federal law and

regulation including this subchapter.

(c) Each person shall comply with the applicable provisions of the laws and

regulations of the state wherein any area is located unless the same are further

restricted by Federal law or regulation.

(d) Each person shall comply with the terms and conditions authorizing access

and use of the wildlife refuge area.

(e) Each person must comply with the provisions of any refuge-specific regulation

governing fishing on the wildlife refuge area. Regulations, special conditions, and

maps of the fishing areas for a particular wildlife refuge are available at that area's

headquarters. In addition, refuge-specific sport fishing regulations appear in §§

32.20 through 32.72.

The regulations, as they are published in the Code of Federal Regulations (CFR), are the

official notification to the public. Copies of the CFR can be found in libraries and on the

internet.

A general synopsis of regulations relating to fishing in Minnesota and Iowa are published in the

“Iowa Fishing Regulations” booklet by the Iowa Department of Natural Resources and in the

“Minnesota Fishing Regulations” booklet by the Minnesota Department of Natural Resources.

This information is available online, from a license distributor or any DNR Service Center.

Refuge-Specific Fishing Regulations Refuge-specific regulations pertaining to fishing are found in 50 CFR 32.2. They state:

Minnesota:

m) Northern Tallgrass Prairie National Wildlife Refuge

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(4) Sport Fishing. We allow fishing on designated areas subject to the following

conditions:

(i) We prohibit the taking of any turtle, frog, leech, minnow, crayfish, and

mussel (clam) species by any method on the refuge (see §27.21 of this

chapter).

(ii) The conditions set forth in m)(1)(iii) apply. m)(1)(iii) states, All boats,

decoys, blind materials, stands, platforms, and other personal property (see

27.93 and 27.94 of this chapter) brought onto the refuge, must be removed

at the end of each day.

Iowa:

e) Northern Tallgrass Prairie National Wildlife Refuge

(4) Sport Fishing. We allow sport fishing on the refuge subject to the following

conditions:

(i) We prohibit the taking of any turtle, frog, leech, minnow, crayfish, and

mussel (clam) species by any method on the refuge (see §27.21 of this

chapter).

(ii)The conditions set forth at paragraph (e)(1)(iii) apply. (e)(1)(iii) states,

All boats, decoys, blind materials, stands, platforms, and other personal

property (see 27.93 and 27.94 of this chapter) brought onto the refuge,

must be removed at the end of each day.

Anticipated Public Reaction to the Sport Fishing Plan

Conflicts between fishing and environmental education, interpretation, hunting, and wildlife

observation are expected to be minimal as these uses are similar to state wildlife management

areas, state forests, national forests and other public lands scattered across Minnesota and Iowa.

These uses have historically occurred on the refuge with minimal conflict and it is assumed these

uses will continue to have minimal conflict. Overall, public fishing on the refuge is viewed as a

positive and accepted use of refuge property.

Fishing Application and Registration

For general fishing activities, no special application or registration process is required. Anglers

are required to have the appropriate state license on them when fishing on refuge lands.

Announcing and Publicizing Openings, Closings, and Modifications

As with previously developed changes to the refuge fishing programs, this Sport Fishing Plan

will be available for public review for a period of 30 days. All openings, closings, and

modifications will be documented in the Code of Federal Regulations once per year.

Entry and Access Procedures

There are no special entry or access procedures for anglers using the refuge. For specific access

questions please contact the refuge manager at:

Northern Tallgrass Prairie National Wildlife Refuge

44843 687th Ave

13

Odessa, MN 56276

320-273-2191

Fishing Requirements

Anglers who are eligible to fish under Minnesota and Iowa law are allowed to fish on refuge

units. The refuge does not routinely require anglers to report on fishing activities or harvest.

Should an additional reporting program be implemented, the refuge will use the appropriate form

approved by the Office of Management and Budget.

VIII. REFERENCES Iowa Department of Natural Resources 2018. Iowa Fishing Regulations 2018-2019. Iowa

Department of Natural Resources, Des Moines, IA.

Minnesota Department of Natural Resources 2018. Minnesota Fishing Regulations 2018-2019.

Minnesota Department of Natural Resources, St. Paul, Minnesota.

National Wildlife Refuge Improvement Act of 1997. Pub. L. No. 105–57, 111 Stat. 1252 (2007).

U.S. Fish and Wildlife Service 1998. Northern Tallgrass Prairie Habitat Preservation Area

Interim Comprehensive Conservation Plan. U.S. Department of the Interior, Fish and Wildlife

Service, Region 3, Bloomington, MN.

U.S. Fish and Wildlife Service 1998. Northern Tallgrass Prairie Habitat Preservation Area

Environmental Impact Statement. U.S. Department of the Interior, Fish and Wildlife Service,

Region 3, Bloomington, MN.

APPENDIX A

REFUGE MAP WITH AREAS OPEN TO FISHING

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APPENDIX B

DRAFT SPORT FISHING COMPATIBILITY DETERMINATION