[Federal Register Volume 61, Number 227 (Friday, November 22, 1996)]
[Proposed Rules]
[Pages 59393-59394]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-29943]
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DEPARTMENT OF THE INTERIOR
National Park Service
36 CFR Part 7
RIN 1024-AC54
Big Cypress National Preserve, Recreational Frogging
AGENCY: National Park Service, Interior.
ACTION: Proposed rule.
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SUMMARY: The National Park Service (NPS) is proposing to amend the
special regulations for Big Cypress National Preserve (Preserve) by
adding a section to regulate frogging. The proposed rule will allow the
recreational taking of the pig frog (Rana grylio) throughout the
Preserve. The rule will allow the designation of seasons, times,
locations, methods and means of taking, and establishment of harvest
limits and permit requirements. The rule is designed to allow a level
of public use and enjoyment of Preserve resources and to assure the
preservation of natural and recreational values consistent with the Big
Cypress National Preserve Act and the Big Cypress National Preserve
General Management Plan/Final Environmental Impact Statement. The rule
will allow the Superintendent to limit or control the taking of pig
frogs based on, but not limited to, population dynamics, water
conditions or other factors influencing this and other species.
DATES: Written comments will be accepted through January 21, 1997.
ADDRESSES: All comments should be addressed to: Superintendent, Big
Cypress National Preserve, HCR 61 Box 110, Ochopee, Florida 34141.
FOR FURTHER INFORMATION CONTACT: William J. Carroll, Chief Ranger, Big
Cypress National Preserve, HCR 61 Box 110, Ochopee, Florida 34141.
Telephone: 941-695-2000, extension 17.
SUPPLEMENTARY INFORMATION:
Background
Big Cypress National Preserve is a 716,000 acre unit of the
National Park System that was established in 1974 (570,000 acres) and
expanded by 146,000 acres in 1988. Prior to 1974, this vast area of
more than 45,000 privately owned tracts of land was open to the general
public and traditionally used by hunters, anglers, back-country
campers, off-road vehicle enthusiasts and froggers. In the late 1960's
and early 1970's, these traditional recreationist and mainstream
environmental groups, fearful of the development consequences
associated with the construction of a major airport (Jetport) in the
heart of the Everglades, successfully lobbied for Federal protection.
Consequently, on October 11, 1974, Big Cypress National Preserve (16
U.S.C. 698f), one of the largest nonwilderness, multiple-use units in
the National Park System, was established with the following purpose:
``In order to assure the preservation, conservation, and
protection of the natural, scenic, hydrologic, floral and faunal,
and recreational values of the Big Cypress Watershed in the State of
Florida and to provide for the enhancement and public enjoyment
thereof, the Big Cypress National Preserve is hereby established''
(Pub. L. 93-440; 16 U.S.C. 698f(a)).
Immediately upon establishment of the Preserve, the NPS was
required to deal with complex land use, policy and political issues. In
1985, the NPS began the development of a General Management Plan (GMP).
During the seven-year (1985-1992) GMP process, the NPS recognized that
frogging was an activity that needed to be managed. Consequently, the
final Big Cypress National Preserve General Management Plan, Volume 1,
page 44 (1992) addressed the issue of frogging as follows:
Currently, the noncommercial taking of frogs is legal under
state law, but is not consistent with NPS regulations. Frogging,
like hunting and fishing, was a traditional recreational activity
before the national preserve was established, and it may be
consistent with the purposes of the Preserve. So that noncommercial
frogging conforms to NPS policy, the NPS would promulgate special
regulations in the future.
Furthermore, 16 U.S.C. 698i(b) states that:
In administering the Preserve, the Secretary shall develop and
publish in the Federal Register, such rules and regulations as he
deems necessary and appropriate to limit or control the use of
Federal lands and waters with respect to: * * * (8) such other uses
as the Secretary determines must be limited or controlled in order
to carry out the purposes of sections 698f to 698m of this title * *
*
In 1988 Public Law 93-440 was amended by Public Law 100-301 (16
U.S.C. 698m-1(a)) which is commonly referred to as the Big Cypress
National Preserve Addition Act. In Section 698m-2, the Secretary is
directed to:
Cooperate with the State of Florida to establish recreational
access points and roads, rest and recreation areas, wildlife
protection, hunting, fishing, frogging, and other traditional
recreational opportunities in conjunction with the creation of the
Addition Act and in the construction of Interstate Highway 75.
While this amendment clearly identifies frogging as a recognized
traditional recreational use, the NPS is required to promulgate a rule
to manage the activity. Since the traditional public use of the
Preserve has included the taking of pig frogs, and as this activity is
legal under the regulations of the State of Florida (Title 39-26.002
F.A.C.), this proposed rule is being published.
Public Participation
It is the policy of the Department of the Interior, whenever
practicable, to afford the public an opportunity to participate in the
rulemaking process. Accordingly, interested persons may submit written
comments regarding this proposed rule to the address noted at the
beginning of this rulemaking. The NPS will review all comments and
consider making changes to the rule based upon an analysis of the
comments.
Drafting Information: The process used to develop this rule
included numerous reviews by Preserve staff, consultation and
cooperation with the Florida Game and Freshwater Fish Commission as
required by 16 U.S.C. 698m-2, and informal consultation with the
U.S. Fish and Wildlife Service. The primary author of this
rulemaking is William J. Carroll, Chief Ranger, Big Cypress National
Preserve.
[[Page 59394]]
Paperwork Reduction Act
This rule does not contain collections of information requiring
approval by the Office of Management and Budget under the Paperwork
Reduction Act of 1995.
Compliance With Other Laws
This rule was not subject to Office of Management and Budget review
under Executive Order 12866. The Department of the Interior determined
that this document will not have a significant economic effect on a
substantial number of small entities under the Regulatory Flexibility
Act (5 U.S.C. 601 et seq.). The economic effects of this rulemaking are
local in nature and negligible in scope.
The NPS has determined and certifies pursuant to the Unfunded
Mandates Reform Act (2 U.S.C. 1502 et seq.), that this rule will not
impose a cost of $100 million or more in any given year on local, State
or tribal governments or private entities.
The Draft General Management Plan/Draft Environmental Impact
Statement was available for public review for 180 days from August 8,
1989, to March 1, 1990. In January 1992, the record of decision was
signed, and the Big Cypress National Preserve General Management Plan/
Final Environmental Impact Statement (Vols. 1 & 2) proposed action was
approved. The Big Cypress National Preserve GMP, Vol. 1, page 44,
recommends that the NPS promulgate special regulations to allow
noncommercial recreational frogging in the Preserve.
Informal consultation with the U.S. Fish and Wildlife Service under
Section 7 of the Endangered Species Act has resulted in a determination
of no effect for this rulemaking process.
The NPS has determined that this rule will not have a significant
effect on the quality of the human environment, health and safety
because it is not expected to:
(a) Increase public use to the extent of compromising the nature
and character of the area or causing physical damage to it;
(b) Introduce non-compatible uses which compromise the nature and
characteristics of the area, or cause physical damage to it;
(c) Conflict with adjacent ownerships or lands uses; or
(d) Cause a nuisance to adjacent owners or occupants.
Based upon this determination, this rule is categorically excluded
from the procedural requirements of the National Environmental Policy
Act (NEPA) by Departmental regulations in 516 DM 6 (49 FR 21438). As
such, neither an Environmental Assessment (EA) nor an Environmental
Impact Statement (EIS), specific to recreational frogging, has not been
prepared.
List of Subjects in 36 CFR Part 7
District of Columbia, National parks, Reporting and recordkeeping
requirements.
In consideration of the foregoing, the NPS proposes to amend 36 CFR
Ch. I as follows:
PART 7--SPECIAL REGULATIONS, AREAS OF THE NATIONAL PARK SYSTEM
1. The authority citation for Part 7 continues to read as follows:
Authority: 16 U.S.C. 1, 3, 9a, 460(q), 462(k); Section 7.96 also
issued under D.C. Code 8-137 (1981) and D.C. Code 40-721 (1981).
2. Section 7.86 is amended by adding new paragraph (d) to read as
follows:
Sec. 7.86 Big Cypress National Preserve.
* * * * *
(d) Frogs. (1) The taking of the pig frog (Rana grylio) is allowed
within the Preserve subject to public-use limits, times, locations,
methods and means of taking, bag limits and permit requirements as
established by the Superintendent.
(2) The Superintendent may impose closures and establish conditions
or restrictions in accordance with the criteria and procedures of
sections 1.5 and 1.7 of this chapter.
(3) Violation of the conditions established by the Superintendent
is prohibited.
* * * * *
Dated: November 1, 1996.
George T. Frampton, Jr.,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 96-29943 Filed 11-21-96; 8:45 am]
BILLING CODE 4310-70-P
