[Federal Register Volume 60, Number 229 (Wednesday, November 29, 1995)]
[Proposed Rules]
[Pages 61237-61239]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-29106]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 32
RIN 1018-AD44
Addition of Great Bay National Wildlife Refuge to the List of
Open Areas for Hunting in New Hampshire
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Proposed rule.
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SUMMARY: The U.S. Fish and Wildlife Service (Service) proposes to add
Great Bay National Wildlife Refuge to the list of areas open for
migratory game bird hunting and big game hunting in New Hampshire 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.
DATES: Comments may be submitted on or before January 29, 1996.
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:
Stephen R. Vehrs, at the address above; 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 proposes to open Great Bay National Wildlife Refuge to
migratory game bird (waterfowl) hunting and big game (deer) hunting.
Request for Comments
Department of the Interior policy is, whenever practicable, to
afford the public a meaningful opportunity to participate in the
rulemaking process. A 60-day comment period is specified in order to
facilitate public input. Accordingly, interested persons may submit
written comments concerning this proposed rule to the person listed
above under the heading ADDRESSES. All substantive comments will be
reviewed and considered.
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
Director of the U.S. Fish and Wildlife Service (Director), 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 management plan for
recreational hunting; an environmental assessment; a Finding of No
Significant Impact (FONSI); a Section 7 statement, pursuant to the
Endangered Species Act, that this opening will not affect a listed
species or its critical habitat; and refuge-specific regulations to
administer the hunting program. From a review of the totality of these
documents, The Service has determined that the opening of the Great Bay
National Wildlife Refuge to 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 Service has also
determined that this opening for hunting is compatible and consistent
with the primary purposes for which the refuge was established. A brief
description of the hunting program is as follows:
Great Bay National Wildlife Refuge
Great Bay National Wildlife Refuge was authorized in December,
1991, when an Act of Congress approved the transfer of 1,000 acres of
land at Pease Air Force Base in Newington, New Hampshire to the Fish
and Wildlife Service. The refuge was established August 11, 1992, with
the signing of the transfer document. The refuge was established for
the purposes (1) to encourage the natural diversity of plant, fish and
wildlife species within the refuge, and to provide for their
[[Page 61238]]
conservation and management, (2) to protect species listed as
endangered or threatened, or identified as candidates for listing
pursuant to the Endangered Species Act of 1973, (3) to preserve and
enhance the water quality of aquatic habitats within the refuge, and
(4) to fulfill the international treaty obligations of the United
States relating to fish and wildlife.
The refuge is located on the eastern shores of Great Bay. The
refuge protects 922 acres of upland, 132 acres of wetlands, and 6.5
miles of Great Bay's shoreline. Wetland habitat types include 64 acres
of open (fresh water) impoundments, 37 acres of forested wetlands, and
31 acres of salt marsh. The upland habitat includes 585 acres of
hardwood forests interspersed with white pine, red pine, spruce, and
fir, 200 acres of open (grasslands) area, and 137 acres of shrub
dominate upland.
Waterfowl are commonly seen throughout the year. In 1994 spring
waterfowl migration peaked around mid-April with over 300 birds
observed. In summer the refuge supports breeding waterfowl. Typically,
the fall waterfowl migration is larger than spring. In 1994, fall
migration peaked around the end of October with over 900 birds
observed. The refuge also supports wintering black ducks when open
water is available. With wetland restoration and wetland habitat
management, the refuge will be able to attract and support more
breeding waterfowl.
Currently, the deer population is being monitored. High deer
density and its effect on the habitat is the number one concern of the
refuge. Habitat degradation can occur quickly and take many years to
overcome. The refuge is constructing deer enclosures to monitor the
condition of the habitat. An index of deer use during October and
November has begun. A night spot-light count was conducted in 1993 and
1994 to monitor deer populations during these months. The index results
show an increase in deer observed from 4.7 deer/night in 1993 to 11.5
deer/night in 1994. The University of New Hampshire is assisting the
refuge in developing more detailed data. There is a need for deer
harvesting due to the many years the Pease Air Force Base was off-
limits to all but military personnel. The hunting of deer was,
therefore, quite limited.
Opening the refuge to hunting has been found to be compatible in a
separate compatibility determination. The hunting programs will be
reviewed, as appropriate, to ensure that sensitive habitats are
protected from disturbance. A Section 7 evaluation pursuant to the
Endangered Species Act was conducted. The Service determined that the
proposed action will not 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 hunting programs. Sufficient
funds would be available within the refuge unit budget to operate the
hunting programs 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 Public Law 104-13 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 used be compatible with the primary
purposes for which the areas were established. The information
requested in the applicable 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. While the proposed hunting
programs could increase the number of hunting licenses purchased and
boost sales of hunting gear, the impact would not be considered
significant as other surrounding areas are, also, open to hunting and
the addition of the refuge to those areas open for hunting would be
only proportionally relevant to small entities. Therefore, this
proposed rule would have minimal effect on such entities.
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
the opening will not affect any identified threatened or endangered
species or critical habitat. These documents are on file at the offices
of the Service, and may be reviewed by making preliminary arrangements
with the primary author.
Primary Author. Stephen R. Vehrs, 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 proposed to be 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 to add the alphabetical listing of Great Bay
National Wildlife Refuge under the State of New Hampshire.
3. Section 32.48 New Hampshire is added to read as follows:
Sec. 32.48 New Hampshire.
The following refuge units have been opened to hunting and/or
fishing, and are listed in alphabetical order with applicable refuge-
specific regulations.
[[Page 61239]]
Great Bay National Wildlife Refuge
A. Hunting of Migratory Game Birds. Hunting of migratory game
birds is permitted on designated areas of the refuge subject to the
following conditions:
1. Waterfowl hunting will not require a permit. Hunting will be
allowed only from the immediate shoreline of the Bay.
2. Only portable blinds are permitted. All decoys, blinds, and
boats must be removed after each day's hunt.
3. Waterfowl hunters will access shorelines by boat only.
B. Upland Game Hunting. [Reserved]
C. Big Game Hunting. Hunting of deer is permitted on designated
areas of the refuge subject to the following conditions:
1. Refuge permits are required for the deer hunt.
2. Big game hunters are required to wear in a conspicuous manner
on the head, chest and back a minimum of 400 square inches of solid-
colored blaze orange clothing or material.
D. Sport Fishing. [Reserved]
Dated: October 20, 1995.
George T. Frampton, Jr.,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 95-29106 Filed 11-28-95; 8:45 am]
BILLING CODE 4310-55-M
