[Federal Register Volume 60, Number 17 (Thursday, January 26, 1995)]
[Rules and Regulations]
[Pages 5276-5277]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-1794]
[[Page 5275]]
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Part IV
Department of the Interior
_______________________________________________________________________
Fish and Wildlife Service
_______________________________________________________________________
50 CFR Part 32
Open Hunting Areas; Bayou Cocodrie National Wildlife Refuge, Louisiana;
Final Rule
Federal Register / Vol. 60, No. 17 / Thursday, January 26, 1995 /
Rules and Regulations
[[Page 5276]]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlide Service
50 CFR Part 32
RIN 1018-AD00
Addition of Bayou Cocodrie National Wildlife Refuge to the List
of Open Areas for Hunting in Louisiana
AGENCY: Fish and Wildlife Service, Interior Department.
ACTION: Final rule.
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SUMMARY: The U.S. Fish and Wildlife Service (Service) adds Bayou
Cocodrie National Wildlife Refuge to the list of areas open for upland
game and big game hunting in Louisiana along with pertinent refuge-
specific regulations for such activities. 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 27, 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 Bayou Cocodrie National Wildlife
Refuge to upland game (squirrel, rabbit, raccoon, opossum and coyote)
and big game (white-tailed deer) hunting.
Request for Comments
A proposed rule was published on October 21, 1994 (59 FR 5338) and
comments were solicited from the public. No comments were received
regarding this opening.
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 to hunting or
fishing under this Act, 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 hunting/fishing plan; an
environmental assessment; a Finding of No Significant Impact (FONSI); a
Section 7 evaluation or statement, pursuant to the Endangered Species
Act, that these openings are not likely to adversely affect a listed
species or critical habitat; a letter of concurrence from the affected
States; and refuge-specific regulations to administer the hunts. From a
review of the totality of these documents, the Secretary has determined
that the opening of the Bayou Cocodrie National Wildlife Refuge to
upland game and big game hunting 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 upland game and big game hunting 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 hunting program is as follows:
Bayou Cocodrie National Wildlife Refuge
Public Law 101-593, enacted by Congress on November 16, 1990,
authorized the establishment of Bayou Cocodrie National Wildlife Refuge
(NWR). The refuge is located in Concordia Parish in east central
Louisiana. It was established to protect some of the last remaining,
least disturbed bottomland hardwoods in the Mississippi River Delta.
These forested wetlands represent one of the most valuable and
productive wildlife habitat in the southeastern United States. The
stated purposes found at 104 Stat. 2957 provide that the refuge
purposes are (1) The conservation and enhancement of wetlands; (2) the
general wildlife management as a unit of the National Wildlife Refuge
System, including management for migratory birds; and (3) for fish and
wildlife-oriented recreational activities.
Total refuge acreage is proposed at 17,269 acres, including an
11,230-acre core tract formerly owned by The Nature Conservancy. The
remaining 6,039 acres are adjacent, privately-owned tracts. Acquisition
to date totals 9,805 acres of the core tract. The area offers
attractive shallow-water feeding habitat for pintails and other
dabbling ducks such as mallards and blue-winged teal, and provides
excellent habitat for resident game, including white-tailed deer,
turkeys, woodcock, and grey and fox squirrels. The bottomland hardwoods
also serve as both permanent homes and migration habitat for many
species of passerine birds, including songbirds and neotropical
migrants.
The area has historically been noted for its excellent hunting
opportunities for white-tailed deer and small game such as rabbits and
squirrels. Nearly all of the refuge area was leased by hunting clubs or
commercial hunting enterprises prior to the government obtaining the
property. Based on preliminary assessment of the refuge and the
experience of the local Louisiana Department of Wildlife and Fisheries
biologist and enforcement personnel, all indications support the fact
that relevant wildlife populations are sufficient for hunting and for
other refuge objectives.
Because of the unpredictable refuge development timeframe, the
location of future land purchases, and the limited amount of developed
waterfowl habitat, the initial hunting program will involve only
resident game including white- [[Page 5277]] tailed deer, squirrels,
and rabbits. A waterfowl hunting program is totally dependent on the
capability of being able to have dependable water sources to maintain
optimum water levels for waterfowl hunting. Seasons and bag limits for
resident game seasons hunting will be within the guidelines established
by the Louisiana Department of Wildlife and Fisheries, but will likely
be more conservative. The hunting program will be reviewed on an annual
basis and revisions will be made accordingly.
The sport hunting program will be monitored by refuge personnel.
Currently, the refuge is operating at the ``custodial level'' with only
one staff member--the refuge manager. Resources from other refuges
(Tensas River, Catahoula, and Lake Ophelia) will be utilized to help
administer the hunt programs.
To facilitate the distribution of news releases, the refuge will
maintain a mailing list for newspapers, local radio and television
stations. News releases will be developed announcing the hunting season
dates, where regulations can be obtained, and other pertinent
information.
Opening the refuge to upland game and big game hunting has been
found to be compatible in a separate compatibility determination. This
determination noted that time and zone restrictions would be
implemented as land acquisition progressed to ensure continued
compatibility. A Section 7 evaluation pursuant to the Endangered
Species Act was conducted and it was determined that the hunt opening
is not likely to 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 hunt. Numerous contacts were made
throughout the area of the refuge soliciting comments on the hunting
plan. The Louisiana Department of Wildlife and Fisheries concurs and
fully supports the regulated recreational hunting program at the
refuge.
The Service has determined that there would be sufficient funds to
administer the hunt pursuant to the requirements of the Refuge
Recreation Act. The cost of the hunt program is estimated to be
approximately $25,000 for the initial year and $10,000 per year
thereafter. Sufficient funds would be available within the refuge unit
budget to operate such a hunt. It is estimated, further, that 10,000
hunter visits per year would take place.
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 rule would have
minimal effect on such entities.
Federalism
This 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
no adverse impact would occur to 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
Hunting, Fishing, 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 32.7 List of refuge units open to hunting and/or fishing
is amended by adding alphabetically ``Bayou Cocodrie National Wildlife
Refuge'' to the listing under the state of Louisiana.
3. Section 32.37 Louisiana is amended by adding alphabetically
Bayou Cocodrie National Wildlife Refuge to the listing to read as
follows:
Sec. 32.37 Louisiana.
* * * * *
Bayou Cocodrie National Wildlife Refuge
A. Hunting of Migratory Game Birds. [Reserved.]
B. Upland Game Hunting. Hunting of squirrel, rabbit, raccoon,
opossum and coyote is permitted on designated areas of the refuge
subject to the following condition: Permits are required.
C. Big Game Hunting. Hunting of white-tailed deer is permitted on
designated areas of the refuge subject to the following condition:
Permits are required.
D. Sport Fishing. [Reserved.]
* * * * *
Dated: December 16, 1994.
George T. Frampton, Jr.,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 95-1794 Filed 1-25-95; 8:45 am]
BILLING CODE 4310-55-P
