[Federal Register Volume 59, Number 212 (Thursday, November 3, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-27285]
[[Page Unknown]]
[Federal Register: November 3, 1994]
_______________________________________________________________________
Part IV
Department of the Interior
_______________________________________________________________________
Fish and Wildlife Service
_______________________________________________________________________
50 CFR Part 32
List of Open Areas for Hunting in North Dakota; Addition of Rock Lake
National Wildlife Refuge; Final Rule
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 32
RIN 1018-AC60
Addition of Rock Lake National Wildlife Refuge to the List of
Open Areas for Hunting in North Dakota
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The U.S. Fish and Wildlife Service (Service) adds Rock Lake
National Wildlife Refuge to the list of areas open for big game hunting
in North Dakota along with 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 December 5, 1994.
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 Rock Lake National Wildlife
Refuge to deer hunting. The hunt will be in accordance with State
regulations pertaining to archery and firearms deer hunting, and as
illustrated in the North Dakota Hunting Guide (1993).
A proposed rule was published in the Federal Register on July 15,
1994 (59 FR 36348) 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 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; and a letter of concurrence from the
affected States. From a review of the totality of these documents, the
Secretary has determined that the opening of the Rock Lake National
Wildlife Refuge to deer 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 deer 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:
Rock Lake National Wildlife Refuge
Rock Lake National Wildlife Refuge (NWR) is a 5,587 acre easement
refuge located in Towner County, North Dakota. The refuge was
established in 1939 by an Executive Order as a refuge and breeding
ground for migratory birds and other wildlife. The refuge is
administered by the Service's Devils Lake Wetland Management District,
located in Devils Lake, North Dakota. Rock Lake NWR occupies lands that
were formed by glacial activity several million years ago. The glacial
drift moraine running through North Dakota is characterized by rolling
grasslands interspersed with small closed basins. Devils Lake is
typical of this area. Principal wildlife found on Rock Lake NWR
includes geese, ducks, various non-game bird species, white-tailed
deer, muskrat, mink and fox. Bald eagles, whooping cranes, and
peregrine falcons use the area on an occasional basis.
Since hunting has been prohibited on Rock Lake NWR, deer from the
surrounding area are drawn to the refuge during the State firearms deer
season. Unfortunately, following the close of the deer season they do
not return to the areas from which they came until the following
spring. Heightened winter deer concentrations are destructive to refuge
habitat and lead to serious depredation problems on neighboring private
lands, particularly during severe winters. This refuge is the only
large closed-to-hunting area for many miles.
The primary objective of this hunt is to reduce the degradation of
habitat used by nesting waterfowl and other wildlife, migratory
wildlife, rare and endangered wildlife, and native (resident) wildlife.
The hunt will also reduce depredation problems on privately owned land,
redistribute deer, improve the health of the herd, reduce the risk of
deer/vehicle collisions, and provide recreational opportunities. A
designated area of the refuge will be opened to deer hunting only
during the State firearms deer season and archery hunting will be open
from the opening of the firearms season until the close of the State
archery season. All state regulations pertaining to archery and
firearms deer hunting will apply. Deer hunting will be monitored by
refuge officers and State game wardens. Hunter numbers, number of deer
taken, and refuge deer populations will be monitored. The refuge will
be open to all holders of a North Dakota 2E deer hunting permit and all
those with a valid North Dakota deer archery permit. The Service
projects that 100-150 deer hunting visits will occur each year. If
excessive harvest or winter mortality problems are evident, alternative
management would be proposed.
Opening the refuge to the hunting of deer has been found to be
compatible in a separate compatibility determination. This
determination noted also that most migratory birds will have migrated
south prior to the opening of the State deer hunting season. A Section
7 evaluation pursuant to the Endangered Species Act was conducted and
it was determined that the hunt 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. All neighbors and farm operators in the local area were contacted
about the hunt and they concurred with the proposed hunt. The
environmental assessment was prepared by the Devils Lake Wetland
Management district and Wetland Habitat Office, Bismarck, North Dakota,
and with the assistance of the North Dakota Game and Fish Department.
As the deer hunt will be monitored cooperatively by refuge personnel
and State game wardens, no special funding will be required to monitor
and control the hunt. Refuge monitoring would be a collateral duty of
certain refuge personnel. No special refuge permits will be required.
Therefore, the Service has determined that there would be sufficient
funds to administer the proposed hunt pursuant to the requirements of
the Refuge Recreation Act.
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.
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 ``Rock Lake National
Wildlife Refuge'' under the state of North Dakota.
3. Section 32.53 North Dakota is amended by adding the alphabetical
listing of Rock Lake National Wildlife Refuge to read as follows:
Sec. 32.53 North Dakota.
* * * * *
Rock Lake National Wildlife Refuge
A. Hunting of Migratory Game Birds. [Reserved.]
B. Upland Game Hunting. [Reserved.]
C. Big Game Hunting. The refuge is open to the hunting of deer
only during the State firearms deer season. Archery hunting is open
from the opening of the firearms season until the close of the State
archery season. All State regulations pertaining to archery and
firearms deer hunting apply.
D. Sport Fishing. [Reserved.]
* * * * *
Dated: October 15, 1994.
George T. Frampton, Jr.,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 94-27285 Filed 11-2-94; 8:45 am]
BILLING CODE 4310-55-P
