United States Department of Agrieulture imal anc Plant Heals Inspection Serie wide Senices 1020 Route 9 Castoton, NY 12033, 510-477-4897 816-477-4809 fox July 5, 2013 Ms. Patricia Riexinger Director, NYS DEC Division of Fish, Wildlife and Marine Resources 625 Broadway Albany, NY 122: 4750 Dear Patricia: Please find enclosed a fully executed Partnership Agreement between our agencies. The Partnership Agreement i in effect and we look forward to many years of working with your ageney for the benefit of New York’s natural resources and its people. | would like to express my appreciation for the fine work Gordon Batcheller and Bryan Swift did to make this Partnership Agreement possible. These two gentlemen and many other talented staff who work for your agency have made implementation of wildlife damage management projects and programs conducted by Wildlife Services better. In the near future, my staff will work with your staff to hopefully rid New York of feral swine and solve a long-term deer problem on eastem Long Island. Later this summer, I would like to take you to Lake Champlain to see the cormorants, during fall migration and meet some of our mutual stakeholders. { hope you can clear a day on your calendar in early September to visit Lake Champlain. “duck Gog Martin Lowney State Director, New York Wildlife Services BOW cc: Gordon Batcheller, Chief of Wildlife, NYS DE ABHIS setequaring Amercan agcutre g Sen ttn USES Mtn nd Renton Progam ‘An Equal Opporunty rover ana Employer vpeAPHIS Agreement No. 13-7236-4956 MU PARTNERSHIP AGREEMENT Between THE NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION, DIVISION OF FISH, WILDLIFE, AND MARINE RESOURCES (DFWMR) And UNITED STATES DEPARTMENT OF AGRICULTURE ANIMAL AND PLANT HEALTH INSPECTION SERVICE (APHIS) WILDLIFE SERVICES (WS) For a COOPERATIVE WILDLIFE DAMAGE MANAGEMENT PROGRAM. IN THE STATE OF NEW YORK ARTICLE 1 - PURPOSE ‘The purposes of this PARTNERSHIP are (1) to establish a cooperative relationship between DFWMR and APHIS WS for the planning, coordination, and implementation of policies developed to prevent or minimize damage caused by wildlife, including threatened and endangered species, to agriculture, property, and natural resources and to safeguard public health and safety; (2) to facilitate an exchange of information; (3) to encourage research on wildlife damage management; and (4) to provide a basis for the establishment of cooperative service agreements to conduct wildlife damage management activities ARTICLE 2 - BACKGROUND In the United States, wildlife is a publicly owned resource held in trust and managed by State and Federal agencies. Wildlife sometimes causes significant damage to private and public property; other wildlife and their habitats; agricultural crops and livestock, forests, and pastures; and urban and rural structures. Wildlife may also threaten human health and safety or be a nuisance, Since wildlife is a publicly owned resource, State and Federal agencies must be responsible for responding to requests for the resolution of damage and other problems caused by wildlife ‘As human populations expand, and wildlife habitat loss occurs, the resulting competition for habitat has created escalating negative human-wildlife interactions and created new challenges for society and wildlife managers. Additionally, increasing environmental awareness frequently results in the paradox of greater protection of wildlife with little or no consideration for responsible management of human-wildlife conflicts. Damage resolution is exacerbated by this increased wildlife protection making wildlife damage management decision making increasingly complex. Ignorance of laws and regulations protecting wildlife and governing the : seyuse of management methods may result in affected individuals using methods that are illegal or environmentally harmful Responsible wildlife management provides a balance betweén human and wildlife needs and serves to reduce the frustration of individuals adversely affected by wildlife. It promotes tolerance toward wildlife in general and reduces the potential for environmentally unacceptable ‘management actions. Varying résponsibilities and expertise among agencies necessitates coordination to ensure optimum management of wildiife and other resources and will be addressed in this PARTNERSHIP. This PARTNERSHIP replaces APHIS 12-34-72-0042 MOU that became effective December 30, 1988. ARTICLE 3 - AUTHORITIES ‘The DFWMR is a Division of the New York State Department of Environmental Conservation (NYSDEC), which was created on July 1, 1970 to combine in a single agency all state programs designed to protect and enhance the environment and whose mission is: “To conserve, improve and protect New York’s natural resources and environment to prevent, abate and control water, land and air pollution, in order to enhance the health, safety and welfare of the people of the state and their overall economic and social well-being.” NYSDEC ‘has statutory authority pursuant to the New York State Environmental Conservation Law (ECL) and, the DFWMR is charged with the management of fish, wildlife and marine resources within the NYSDEC environmental mission. ‘The mission of the DFWMR is: “To serve the interests of current and future generations of New Yorkers by using our collective skills, in partnership with the public, to describe, understand, manage and perpetuate a healthy and diverse assemblage of fish, wildlife and ecosystems.” Specific sections of the ECL most. relevant to this PARTNERSHIP include, but are not limited to: 11-0303, 11-0305, 11-0307, 11-0325, 11-0505, 11-0511, 11-0503, 11-0515, 11-0521, 11-0523, 11-0524, 11-0525, 11- 0535, and 11-0537. APHIS WS has statutory authority under the Act of March 2, 1931 (46 Stat. 1468; 7 U.S.C.426-426b) as amended, and the Act of December 22, 1987 (101Stat. 1329-331, 7 U.S.C. 426c), to cooperate with States, local jurisdictions, individuals, public and private agencies, organizations, and institutions while conducting a program of wildlife services involving mammal and bird species that are reservoirs for zoonotic diseases, or animal species that are injurious and/or a nuisance to, among other things, agriculture, horticulture, forestry, animal husbandry, wildlife, and human health and safety. ARTICLE 4 - RESPONSIBILITIES ‘The parties to this agreement hereby enter into a coordinated program of wildlife damage management with mutual objectives which best serve the citizens of New York.‘The DFWMR and APHIS WS mutually agree: AL ‘To meet at least annually with DFWMR’s Bureau of Wildlife’s Management Team to discuss mutual wildlife damage management concerns, accomplishments, resource needs, available technology, and-procedures. APHIS WS will coordinate the annual meeting and any special wildlife damage management meetings related to this PARTNERSHIP. Proposed amendments to the PARTNERSHIP should be presented in writing to the APHIS WS State Director at least 15 days prior to the annual meeting. ‘The terms of this PARTNERSHIP and any proposed amendments may be reviewed at the annual meeting. To refer the appropriate requests for wildlife damage management assistance from the public to APHIS WS or the appropriate agency, To conduct wildlife damage management activites in accordance with the applicable Federal, State, and local laws and regulations. Any wildlife carcasses will be disposed of in accordance with applicable Federal, State, and Jocal laws, regulations and policies. To conduct wildlife damage management programs using or recommending the Integrated Wildlife Damage Management (WDM) approach to reduce conflicts caused by wildlife. TWDM is the process of integrating and applying practical methods of wildlife damage prevention and management while minimizing harmful effects of control measures on humans, other species and the environment. IWDM may incorporate habitat alteration, cultural practices, wildlife behavior management, local population reduction, or any combination of these, depending on the characteristics of the specific damage problem. To conduct wildlife damage management activities and field investigations pursuant to this PARTNERSHIP emphasizing sound management practices with due regard for the protection of the public, domestic animals, beneficial or nontarget wildlife, endangered species, and the environment. ‘To designate a representative from each agency to be responsible for the joint coordination of activities pursuant to this PARTNERSHIP, APHIS WS and DFWMR respective responsibilities are: 1. APHIS WS will assume the primary responsibility for responding to requests for wildlife damage assistance involving migratory birds, and wildlife hazards at airports 2. DFWMR will assume the primary responsibility for responding to requests for assistance involving State regulated wildlife species (excluding those species creating hazards at airports), unless stipulated in other agreements with DFWMR (e.g. feralswine). 3. DFWMR will issue a general license to the APHIS WS State Director and his/her assistants, to manage offending target individual animals or populations of wildlife species detrimental to agriculture, public health and-safety, property or natural resources, throughout New York State, except for deer, bear, beaver, wild turkey and any State-listed threatened and endangered species. A separate permit from DFWMR will be required to take any of those species. APHIS WS staff will not be required to obtain a nuisance wildlife control operator license pursuant to ECL 11-0524; however, any APHIS WS staff acting under the general license must have evidence that they meet the requirements for issuance of a nuisance wildlife control operator license as, specified in ECL 11-0524 (2), APHIS WS will provide to DEWMR, on or before February 1 annually, a report of activities conducted under this license during the preceding calendar year. Such reports need only include those activities for which APHIS WS was directly authorized by DFWMR. DFWMR staff, including officially appointed volunteers, may assist APHIS WS with any activities authorized by such license or permit, 4, Actions taken by APHIS WS under authority of a DFWMR license permit will have the appropriate environmental compliance (NEPA) completed, in consultation with DFWMR. DFWMR’s Programmatic Impact Statement on Game Species Management (1980), Supplemental Findings (1994), and Type Il actions listed under 6 NYCRR 618 (2) (d) provide further compliance with the State Environmental Quality Review Act (SEQR) for issuance of permits to APHIS WS to take actions pursuant to this PARTNERSHIP. 5. APHIS WS will include DFWMR on committees, task forces and working groups when developing environmental assessments, environmental impact statements or damage management plans. DFWMR and APHIS WS will involve the other in development of wildlife management plans needed for the implementation of various aspects of this partnership agreement. For APHIS WS, it will include DFWMR in the development of National Environmental Policy Act documents (e.g., environmental assessments, categorical exclusions, environmental impact statements), including threatened and endangered species consultations. DFWMR will invite APHIS WS to participate in development of appropriate state wildlife management plans, especially damage management plans. ‘ocess and with the 6. DFWMR will assist APHIS WS with the pesticide registration ical review of oral rabies vaccine (ORV) program by providing guidance and environmental documents 7, DFWMR and APHIS WS will share available information related to the ‘management of diseases or wildlife damage affecting livestock or wildlife. 8. DFWMR will assume the primary responsibility for providing educational assistance to landowners, agricultural producers, and other citizens of the State of NewYork as necessary; will develop information publications and materials; and will provide an educational network to disseminate appropriate research and information related to the prevention and management of wildlife damage, pathology, and epidemiology. DFWMR will coordinate the development of wildlife damage ‘management information with APHIS:WS, and APHIS WS will assist in all of the above activities as needed. 9, Whenever practicable, APHIS WS and DFWMR will communicate with each other before talking to communities, localities or the media about wildlife damage ‘management programs being proposed or conducted pursuant to this PARTNERSHIP. 10. APHIS WS will use firearms in accordance with federal laws. APHIS WS will coordinate with local and/or state law enforcement agencies before implementation of projects where firearms are used. In accordance with New York Penal Law 265.20 1(d), WS may conduct sharp-shooting of hazing programs from a vehicle, at night and/or with suppressed firearms. Wildlife may be-shot over bait when regional NYSDEC offices approve such action, 11. Any DFWMR employee may ride in a federal- government vehicle or boat when ‘working on a project consistent with this partnership agreement. Furthermore, DFWMR employees may operate a Federal government motor vehicle when working with APHIS WS on a project of mutual interest after completing Federal Optional Form 3014. 12. DEWMR will ensure that wildlife hazards to human safety identified on or around airports are referred to APHIS WS. 13, APHIS WS will be a participating partner in the New York “Wildlife Health Program” One Health Initiative. As such, APHIS WS will participate in planning and program implementation to meet mutually agreed upon goals and strategies of the program. DFWMER is the lead agency administering the Wildlife Health Program. ARTICLE 5 - STATEMENT OF NO FINANCIAL OBLIGATION Signature of this PARTNERSHIP does not constitute a financial obligation on the part of either signatory. Each signatory party is to use and manage its own funds in carrying out the purpose of this PARTNERSHIP. ARTICLE 6 - LIMITATIONS OF COMMITMENT ‘This PARTNERSHIP and any continuation thereof shall be contingent upon the availability of funds appropriated by the Congress of the United States. It is understood and agreed that any monies allocated for purposes covered by this PARTNERSHIP shall be expended inaccordance with its terms and in the manner prescribed by the fiscal regulations and/or administrative policies of the party making the funds available, If fiscal resources are to transfer, a separate agreement must be developed by the parties. ARTICLE 7 - CONGRESSIONAL RESTRICTION Under 41 U.S.C. 22, no member of, or delegate to, Congress shall be admitted to any share or part of this PARTNERSHIP or to any benefit to arise therefrom.ARTICLE 8 - AMENDMENTS This PARTNERSHIP may be amended at any time by mutual agreement of the parties in writing, ARTICLE 9 - TERMINATION ‘This PARTNERSHIP may be terminated by any of the parties upon sixty (60) days written notice to the other parties. ARTICLE 10 - EFFECTIVE DATE AND DURATION ‘This PARTNERSHIP will be in effect June 1, 2013 and will continue until May 31, 2018, not lo exceed 5 years. 203 Dar and Marine Resources Division of Fish, Witdl | ;rohmental Conservation New York State Departmeni'o CALM a _ ee Charles S. Brown, Eastern Regional Director Date Wildlife Services Animal and Plant Health Inspection Service United States Department of AgricultureSTATUS AND ECOLOGY OF MUTE SWANS. IN NEW YORK STATE DRAFT Final Report Prepared by: Bryan L. Swift, Kevin J. Clarke, Robin A. Holevinski, and Elizabeth M. Cooper December 2013 New York State Department of Environmental Conservation Division of Fish, Wildlife and Marine Resources 625 Broadway Albany, NY 12233-4754STATUS AND ECOLOGY OF MUTE SWANS IN NEW YORK STATE, Table of Contents 1.0 INTRODUCTIO! 2.0 DISTRIBUTION AND ABUNDANCE: 3.0 LEGAL STATUS AND MANAGEMENT POLICIES. 4.0 PRODUCTIVITY. 5.0 SWAN CAPTURE AND BANDING. 6.0 ADULT SURVIVAL... 7.0 CAUSES OF MORTALITY... 8.0 POPULATION MODELING... 9.0 MOVEMENT: 10.0 IMPACTS ON SUBMERGED AQUATIC VEGETATION (SAY). 11.0 INTERACTIONS WITH OTHER WATERFOWL... 12.0 INTERACTIONS WITH OTHER BIRDS 13.0 CONFLICTS WITH HUMAN INTERESTS... 14.0 MUTE SWAN MANAGEMENT IN NEW YORK 15.0 SUMMARY AND CONCLUSIONS, 16.0 REFERENCES.STATUS AND ECOLOGY OF MUTE SWANS IN NEW YORK STATE DRAFT Final Report 1.0 INTRODUCTION The mute swan (Cygnus olor) is a non-native species that was brought to New York from Europe in the late 1800s for ornamental purposes. Swans escaped captivity or were released from private collections and established feral (free-ranging) breeding populations in the lower Hudson Valley and on Long Island in the early 1900s (Andrle and Carroll 1988). The population has since grown to more than 2,500 birds and expanded to other areas of the state in recent years. As the number of free-ranging mute swans increased in New York and other Atlantic Flyway states, concerns have grown about adverse impacts that may result (Rhode Island DEM 2006, Maryland DNR 2011, Virginia DGIF 2012). Mute swans feed primarily on submerged aquatic vegetation (SAV) and often uproot far more than they consume (Willey and Halla 1972, Scott and the Wildfowl Trust 1972, Ciaranca et al. 1997, Bailey et al. 2008). This can result in a measurable reduction in SAV (Allin and Husband 2003, Naylor 2004, Tatu et al. 2007), which provides food and shelter to many native fish and wildlife species. Lakes in Michigan with large mute swan populations showed a stunting of bluegill (Lepomis macrochirus) lengths when compared to lakes with little or no mute swans present (Wood et al. 2013). Mute swans and several native waterfowl species consume similar species of SAV, creating potential for interspecific competition at migratory stopover sites (Bailey et al. 2008). Swans are often aggressive defenders of their nesting territories and young, sometimes attacking and killing or displacing other waterfowl from suitable habitats (Willey 1968, Stone and Marsters 1970, Kania and Smith 1986, Conover and Kania 1994). Swans have also threatened or attacked humans, resulting in accidents and injuries (Willey and Halla 1972, Rhode Island DEM 2006, Animal People Online 2012). Swan feces contain high levels of coliform bacteria (Hussong et al. 1979), so the presence of large flocks could impact waters used for drinking, swimming, or shellfishing. The potential for rapid expansion of free-ranging mute swan populations in New York, and concerns about associated ecological and human impacts, have existed for many years and prompted the work reported here. DEC’s Division of Fish and Wildlife and Division of Marine Resources (now combined as the Division of Fish, Wildlife and Marine Resources, or DEWMR) adopted a policy in 1993 that recognized mute swans as an undesirable species in habitats used by native fish and wildlife (DFWMR 1993). Although the policy advocated population control and mitigation of impacts, it has not been aggressively implemented to date. ‘A mute swan management plan was adopted by the Atlantic Flyway Council (AFC) in 2003 (AFC 2003), and it called for an 80% reduction of mute swan numbers in the Atlantic Flyway, from approximately 14,000 birds in 2002 to less than 3,000 birds by 2013. The population goal for New York was less than $00 birds by 2013, an 80% reduction from the 2002 estimate of more than 2,800 birds. The plan also recommended further research to document the effects of mute swans on migratory birds, their habitats, and other indigenous living resources, and to evaluate management programs associated with the plan, 1