[Federal Register Volume 60, Number 16 (Wednesday, January 25, 1995)]
[Rules and Regulations]
[Pages 5066-5067]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-1795]
[[Page 5065]]
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Part VI
Department of the Interior
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Fish and Wildlife Service
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50 CFR Part 32
Opening of Humboldt Bay National Wildlife Refuge to Sport Fishing;
Final Rule
Federal Register / Vol. 60, No. 16 / Wednesday, January 25, 1995 /
Rules and Regulations
[[Page 5066]]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 32
RIN 1018-AC93
Opening of Humboldt Bay National Wildlife Refuge to Sport Fishing
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Final rule.
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SUMMARY: The U.S. Fish and Wildlife Service (Service) opens Humboldt
Bay National Wildlife Refuge in California to sport fishing and
provides pertinent refuge-specific regulations for such activity. The
Service has determined that such use will be compatible with the
purposes for which the refuge was established. The Service has further
determined that this action is in accordance with the provisions of all
applicable laws, is consistent with principles of sound wildlife
management, and is otherwise in the public interest by providing
additional recreational opportunities of a renewable natural resource.
EFFECTIVE DATE: The effective date of this rule is February 24, 1995.
ADDRESSES: Assistant Director--Refuges and Wildlife, U.S. Fish and
Wildlife Service, 1849 C Street, NW., MS 670 ARLSQ, Washington, DC
20240.
FOR FURTHER INFORMATION CONTACT: Duncan L. Brown, Esq., at the address
above; Telephone: 703-358-1744.
SUPPLEMENTARY INFORMATION: National wildlife refuges are generally
closed to hunting and sport fishing until opened by rulemaking. The
Secretary of the Interior (Secretary) may open refuge areas to hunting
and/or fishing upon a determination that such uses are compatible with
the purpose(s) for which the refuge was established, and that funds are
available for development, operation, and maintenance of a hunting or
fishing program. The action must also be in accordance with provisions
of all laws applicable to the areas, must be consistent with the
principles of sound wildlife management, and must otherwise be in the
public interest. This rulemaking opens Humboldt Bay National Wildlife
Refuge in Loleta, California, to sport fishing.
Request for Comments
A proposed rule was published on November 3, 1994, (59 FR 55074)
and public comments were solicited. No comments were received.
Statutory Authority
The National Wildlife Refuge System Administration Act of 1966, as
amended (NWRSAA) (16 U.S.C. 668dd), and the Refuge Recreation Act of
1962 (RRA) (16 U.S.C. 460k) govern the administration and public use of
national wildlife refuges. Specifically, Section 4(d)(1)(A) of the
NWRSAA authorizes the Secretary to permit the use of any areas within
the National Wildlife Refuge System (Refuge System) for any purpose,
including but not limited to hunting, fishing, public recreation and
accommodations, and access, when he determines that such uses are
compatible with the purposes for which each refuge was established. The
Service administers the Refuge System on behalf of the Secretary. The
RRA gives the Secretary additional authority to administer refuge areas
within the Refuge System for public recreation as an appropriate
incidental or secondary use only to the extent that it is practicable
and not inconsistent with the primary purposes for which the refuges
were established. In addition, prior to opening refuges and allowing
recreational uses not directly related to the purposes and functions
for which an area was established, the Secretary is required to
determine that funds are available for the development, operation, and
maintenance of the permitted forms of recreation.
Opening Package
In preparation for this opening, the refuge unit has included in
its ``openings package'' for Regional review and approval from the
Washington Office the following documents: A fishing plan; an
environmental assessment; a compatibility determination; a Finding of
No Significant Impact (FONSI); a Section 7 evaluation or statement,
pursuant to the Endangered Species Act, that this opening will have no
effect on a listed species or critical habitat; a letter of concurrence
from the affected States; and refuge-specific regulations to administer
the fishing program. From a review of the totality of these documents,
the Secretary has determined that the opening of Humboldt Bay National
Wildlife Refuge to sport fishing is compatible with the principles of
sound wildlife management and will otherwise be in the public interest.
In accordance with the NWRSAA and the RRA, the Secretary has also
determined that this opening for sport fishing is compatible and
consistent with the primary purposes for which the refuge was
established, and that funds are available to administer the programs. A
brief description of the fishing program is as follows:
Humboldt Bay National Wildlife Refuge
Humboldt Bay National Wildlife Refuge was established by authority
of the Migratory Bird Conservation Act of February 18, 1929 (45 Stat.
1222), as amended, and the Migratory Bird Hunting and Conservation
Stamp Act of March 16, 1934, as amended. The refuge is a part of the
San Francisco Bay National Wildlife Refuge Complex, but has a full-time
project leader and staff. The purposes of the refuge are (1) for use as
an inviolate sanctuary, or for any other management purpose, for
migratory birds; (2) for suitable incidental fish and wildlife-oriented
recreational development; (3) the protection of natural resources; and
(4) conservation of endangered species or threatened species.
Humboldt Bay is situated 280 miles north of San Francisco and 85
miles south of the Oregon border. Humboldt Bay lies on a narrow coastal
plain. It is a natural land-locked harbor \1/2\ to 4 miles wide and 14
miles long, separated from the ocean by well-developed coastal dunes
and a sand beach. Humboldt Bay is a vital link in the coastal section
of the Pacific Flyway for migratory waterfowl, shorebirds, and other
waterbirds.
Sport fishing in Humboldt Bay is a popular form of recreation. Well
established fisheries for perch, smelt, salmon, rockfish, crabs and
clams provide for local enthusiasts as well as tourists. Declines in
salmon stocks on the north coast have resulted in sharply reduced
seasons and shifts in fishing effort to other species. Fisheries
gaining rapidly in popularity are dungeness crab (Cancer magister),
leopard shark (Triakis semifasciata), California halibut (Paralichthys
californicus), and various clams. Sport fishing within the bay accounts
for more than 30,000 angler-days each year. Most of the fishing in
South Humboldt Bay occurs on the South Jetty and at Buhne's Point.
Public sport fishing will be permitted on navigable waters of
Humboldt Bay that fall within the existing refuge boundary. Most
fishing in Humboldt Bay will occur from boats on the navigable waters.
Fishing will also be permitted from the outer levee of Hookton Slough,
west of the designated parking lot. The non-tidally influenced areas
(levees and seasonal wetlands) will be closed to fishing to provide
disturbance-free resting and foraging areas for migratory birds.
Anglers will be monitored on an opportunistic basis to determine if any
wildlife disturbance [[Page 5067]] is occurring. Fishing will be
permitted within the framework of applicable State and Federal
regulations. The California Department of Fish and Game will be
consulted if any changes are planned in the refuge fishing program.
Opening the refuge to sport fishing has been found to be compatible
in a separate compatibility determination. This determination noted
time and zone restrictions. A Section 7 evaluation pursuant to the
Endangered Species Act was conducted, and it was determined that the
proposed action would not adversely affect any Federally listed or
proposed for listing threatened or endangered species or their critical
habitats. Pursuant to the National Environmental Policy Act (NEPA), an
environmental assessment was made and a Finding of No Significant
Impact (FONSI) was made regarding the fishing program. Numerous
contacts were made throughout the area of the refuge soliciting
comments on the proposed fishing plan. The California Department of
Fish and Game concurs and fully supports the regulated sport fishing
program proposed at the refuge.
The Service has determined that there would be sufficient funds to
administer the fishing program pursuant to the requirements of the
Refuge Recreation Act. The cost of establishing and managing the
fishing program will be minimal, and will consist primarily of posting
and maintaining ``Public Fishing Area'' signs and including fishing
information in the refuge brochure. There are necessary funds within
the annual budget of the San Francisco Bay National Wildlife Refuge
Complex for this work. There will be no facilities developed or managed
specifically for the use of anglers.
Paperwork Reduction Act
The information collection requirements for part 32 are found in 50
CFR part 25 and have been approved by the Office of Management and
Budget under 44 U.S.C. 3501 et seq. and assigned clearance number 1018-
0014. The information is being collected to assist the Service in
administering these programs in accordance with statutory authorities
which require that recreational uses be compatible with the primary
purposes for which the areas were established. The information
requested in the application form is required to obtain a benefit.
The public reporting burden for the application form is estimated
to average six (6) minutes per response, including time for reviewing
instructions, gathering and maintaining data, and completing the form.
Direct comments on the burden estimate or any other aspect of this form
to the Service Information Collection Officer, U.S. Fish and Wildlife
Service, 1849 C Street, NW., MS 224 ARLSQ, Washington, DC 20240; and
the Office of Management and Budget, Paperwork Reduction Project (1018-
0014), Washington, DC 20503.
Economic Effect
This rulemaking was not subject to Office of Management and Budget
review under Executive Order 12866. In addition, a review under the
Regulatory Flexibility Act of 1980 (5 U.S.C. 601 et seq.) has revealed
that the rulemaking would not have a significant effect on a
substantial number of small entities, which include businesses,
organizations or governmental jurisdictions. This final rule will have
minimal effect on such entities.
Federalism
This final rule will not have substantial direct effects on the
States, on the relationship between the national government and the
States, or on the distribution of power and responsibilities among the
various levels of government. Therefore, in accordance with Executive
Order 12612, it is determined that this rule does not have sufficient
Federalism implications to warrant the preparation of a Federalism
Assessment.
Environmental Considerations
Pursuant to the requirements of section 102(2)(C) of the National
Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)), an
environmental assessment has been prepared for this opening. Based upon
the Environmental Assessments, the Service issued a Finding of No
Significant Impact with respect to the opening. A Section 7 evaluation
was prepared pursuant to the Endangered Species Act with a finding that
this action would have no effect on any identified threatened or
endangered species.
Primary Author
Duncan L. Brown, Esq., Division of Refuges, U.S. Fish and Wildlife
Service, Washington, DC, is the primary author of this rulemaking
document.
List of Subjects in 50 CFR Part 32
Fishing, Hunting, Reporting and recordkeeping requirements,
Wildlife, Wildlife refuges.
Accordingly, part 32 of chapter I of Title 50 of the Code of
Federal Regulations is amended as set forth below:
PART 32--[AMENDED]
1. The authority citation for part 32 continues to read as follows:
Authority: 5 U.S.C. 301; 16 U.S.C. 460k, 664, 668dd, and 715i.
2. Section 32.24 California is amended by adding text to paragraph
D. of Humboldt Bay National Wildlife Refuge to read as follows:
Sec. 32.24 California.
* * * * *
Humboldt Bay National Wildlife Refuge
* * * * *
D. Sport Fishing. Fishing is permitted on designated areas of the
refuge subject to the following conditions:
1. Fishing from the designated shoreline trail along Hookton Slough
is permitted during daylight hours only.
2. Only the use of pole and line or rod and reel is permitted from
the Hookton Slough Shoreline trail fishing area.
* * * * *
Dated: January 16, 1995.
George T. Frampton, Jr.,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 95-1795 Filed 1-24-95; 8:45 am]
BILLING CODE 4310-55-P
