[Federal Register Volume 60, Number 196 (Wednesday, October 11, 1995)]
[Rules and Regulations]
[Pages 52866-52868]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-25146]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 32
RIN 1018-AD03
Addition of Cape May National Wildlife Refuge to the List of Open
Areas for Hunting in New Jersey
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Final rule.
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SUMMARY: The U.S. Fish and Wildlife Service (Service) adds Cape May
National Wildlife Refuge to the list of areas open for big game hunting
in New Jersey 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: This rule is effective October 11, 1995.
FOR FURTHER INFORMATION CONTACT: Stephen R. Vehrs, Division of Refuges,
U.S. Fish and Wildlife Service, Washington, DC 20240; Telephone (703)
358-2029, X-5242.
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. 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 Cape May National Wildlife Refuge to big game (white-
tailed deer) hunting.
In the June 9, 1995, issue of the Federal Register, 60 FR 30686,
the Service published a proposed rulemaking and invited public comment.
All substantive comments were reviewed and considered following a 60-
day public comment period.
Five organizations provided comments opposing the rule based on the
rationale that recreational deer hunting was not justified nor
compatible with the primary purpose for which the refuge was
established. These comments also indicated an opinion that the Service
failed to show adequate evidence that the proposed reduction of deer
numbers through hunting is based on solid scientific evidence, and that
alternative herd reduction methods were considered. Comments further
indicated that an explanation was not presented that hunting could de-
stabilize this deer herd and cause a compensatory rebound of offspring
within the hunted population, and that the majority of the public is
opposed to hunting on national wildlife refuges.
The Refuge Manager conducted a compatibility determination, on
behalf of the Service, of the feasibility of deer hunting being applied
as a management tool to control the refuge white-tailed deer population
as well as to provide a quality wildlife dependent recreational
opportunity for deer hunters. The Manager's documented findings within
the compatibility determination as well as within the environmental
assessment were as follows: 1. the proposed white-
[[Page 52867]]
tailed deer hunt was indeed compatible with the major purposes for
which the refuge was established; 2. the proposed hunt was within the
policy guidelines of the Service to be applied as both a herd
management tool, and as a method to provide recreational opportunities
for deer hunters; and that, 3. abundant scientific evidence exists
which concludes that the recreational hunting of deer as a harvest
technique is indeed a biologically sound practice, which could be
expected to produce and sustain a healthy refuge white-tailed deer
herd.
Substantive comments were also received referencing the
environmental assessment completed for this hunt proposal, and that
alternative number two, which parallels the program outlined in this
final rule, provides for wildlife-dependent recreation while
effectively protecting and controlling deer populations within the
refuge. Other comments supported hunting as a management tool to
control deer depredations on private land surrounding the refuge.
The Service selects the alternative herd management method as
proposed in the Refuge Environmental Assessment and as adopted and
presented in the final rule. Recreational deer hunting is a
biologically sound management technique that provides the best herd
management and depredation control.
This rule will be final upon publication. Consideration was given
to delaying this final rule for a 30-day period, however, it was
determined by the Service that any further delay in the implementation
of this refuge-specific regulation will hinder the effective planning
and administration of the hunt. Public comment was received on this
proposal during the Environmental Assessment planning phase as well as
the 60 day comment period for this rule. A delay of an additional 30-
days would specifically jeopardize holding the hunt this year, or
shorten its duration and thereby lessen the herd management
effectiveness of this regulation. Therefore, the Service finds good
cause to make this rule effective upon publication (5 U.S.C. 553
(d)(3)).
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 the Secretary 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.
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 Cape May National Wildlife Refuge to 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 big game hunting is compatible and
consistent with the primary purposes for which the refuge was
established. The Secretary has also determined that funds are available
to administer the programs. A brief description of the hunting program
is as follows:
Cape May National Wildlife Refuge
The Cape May National Wildlife Refuge was established
administratively on January 20, 1989, under the authority of the Fish
and Wildlife Act of 1956 (16 U.S.C. 742a-742j; 70 Stat. 1119), as
amended. The broad purposes of the refuge are for the development,
advancement, management, conservation, and protection of fish and
wildlife resources and for the benefit of the United States Fish and
Wildlife Service, in performing its activities and services. There are
approximately 16,700 acres within the approved refuge acquisition
boundary. The Fish and Wildlife Service (Service) has already purchased
approximately 6,700 acres of the acquisition area. The refuge is
located in the Townships of Middle, Dennis and Upper in Cape May
County, New Jersey. The refuge is divided into the Great Cedar Swamp
Division and the Delaware Bay Division. Both are approximately equal in
size. The topography of the refuge is typical of the coastal areas of
New Jersey, where uplands taper gradually to a wide band of saltmarsh.
There are 22 major vegetation types found on the refuge. These
communities include mixed hardwood swamps, oak/pine forests, Atlantic
white cedar swamps, and estuarine communities dominated by Spartina
patens, and saltmarsh cordgrass.
The unique configuration and location of Cape May attracts flocks
of raptors, songbirds and woodcock. The refuge supports a variety of
animal life, including approximately 317 species of birds, 42 species
of mammals, 55 species of reptiles and amphibians, and numerous species
of fish, shellfish, and other invertebrates. Furbearers of economic
importance inhabiting the area include otter, muskrat, and raccoon.
Small mammals such as shorttail shrews and white-footed mice are common
in upland fields and shrub habitat. Gray and red foxes are also common.
State deer biologists estimate a deer density of approximately 18
deer per square mile in Cape May County's Deer Management Zone (DMZ)
34, of which the refuge is a part. The deer population has increased
since 1981 with a corresponding increase in farmer complaints. The
number of complaints has risen from 4 in 1990 to 12 in 1993. Crop
depredation permitted kills have increased from 9 in 1990 to 36 in
1993. In order to address the below average herd health indices, and to
reduce deer complaints in DMZ 34, the short-term goal of the New Jersey
Division of Fish, Game and Wildlife is to reduce the herd by
approximately 20 percent. There are no data on the number of hunters
who have used the area within the refuge acquisition area in the past.
However, the refuge estimates the annual visitation for deer hunting is
less than 500 visits. Based on refuge law enforcement officers'
observation during the past two firearms deer hunting seasons, hunting
pressure on private land surrounding the refuge is low.
The sport hunting program will be monitored by refuge personnel,
and conducted according to New Jersey Department of Environmental
Protection, Division of Fish, Game and Wildlife deer hunt regulations.
[[Page 52868]]
Opening the refuge to big game hunting has been found to be
compatible in a separate compatibility determination. The hunting
program will be reviewed annually to ensure that a harvestable surplus
of animals exist, and that sensitive habitats are protected from
disturbance. A Section 7 evaluation pursuant to the Endangered Species
Act was conducted. It was determined that the proposed action 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. During the preparation of the environmental
assessment, biologists and management personnel within the New Jersey
Division of Fish, Game and Wildlife were consulted. Comments were
solicited from the public during the draft environmental assessment
phase. Articles on this assessment were carried in the local newspapers
and sent to Federal, State and local legislators and conservation
groups.
The Service has determined that there would be sufficient funds to
administer the proposed hunt. Sufficient funds would be available
within the refuge unit budget to operate such a hunt as proposed.
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 appreciably increase hunter visitation to
the surrounding area of the refuge before, during or after the hunt,
since most hunters were already from the local area. Therefore, the
rulemaking would not have a significant effect on the substantial
number of small entities, such as businesses, organizations and
governmental jurisdictions in the area.
Federalism
This proposed 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 Assessment, 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
Stephen R. Vehrs, Division of Refuges, U.S. Fish and Wildlife
Service, Washington, DC, is the primary author of this final rulemaking
document.
List of Subjects in 50 CFR Part 32
Hunting, Fishing, Reporting and recordkeeping requirements,
Wildlife, and 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.
Sec. 32.7 [Amended]
2. Section 32.7 List of refuge units open to hunting and/or fishing
is amended by adding the alphabetical listing of ``Cape May National
Wildlife Refuge'' under the state of New Jersey.
3. Section 32.49 New Jersey is amended by adding the alphabetical
listing of Cape May National Wildlife Refuge to read as follows:
* * * * *
Sec. 32.49 New Jersey.
* * * * *
Cape May National Wildlife Refuge
A. Hunting of Migratory Game Birds. [Reserved.]
B. Upland Game Hunting. [Reserved.]
C. Big Game Hunting. Hunting of white-tailed deer is permitted
on designated areas of the refuge subject to the following
condition: During the firearms big game season, hunters must wear,
in a conspicuous manner on head, chest and back, a minimum of 400
square inches of solid-colored hunter orange clothing or material.
D. Sport Fishing. [Reserved.]
* * * * *
Dated: September 25, 1995.
George T. Frampton, Jr.,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 95-25146 Filed 10-10-95; 8:45 am]
BILLING CODE 4310-55-M
