[Federal Register Volume 60, Number 230 (Thursday, November 30, 1995)]
[Rules and Regulations]
[Pages 61490-61492]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-29105]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 32
RIN 1018-AD31
Addition of Ottawa National Wildlife Refuge to the List of Open
Areas for Big Game Hunting in Ohio
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Final rule.
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SUMMARY: The U.S. Fish and Wildlife Service (Service) adds Ottawa
National Wildlife Refuge to the list of areas open for big game hunting
in Ohio 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 November 30, 1995.
FOR FURTHER INFORMATION CONTACT:
Stephen R. Vehrs, 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, consistent with the principles of sound wildlife management, and
otherwise be in the public interest. This rulemaking opens Ottawa
National Wildlife Refuge to big game (white-tailed deer) hunting.
In the July 13, 1995, issue of the Federal Register, 60 FR 36196,
the Service published a proposed rulemaking and invited public comment.
All substantive comments were reviewed and considered following a 60-
day public comment period.
Four organizations and two individuals 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
explaining that hunting could de-stabilize this refuge 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-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 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 the
preferred alternative, which parallels the proposal outlined in this
Federal Register notice, 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 agrees, of the alternative herd management methods
proposed in the Refuge Environmental Assessment and adopted and
presented in the Federal Register, recreational deer hunting is a
biologically sound management technique that provides the best herd
management and depredation control.
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
[[Page 61491]]
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, in accordance with (5
U.S.C. 553(d)(3), the Service finds good cause to make this rule
effective upon publication.
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 its 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 Service
has determined that the opening of the Ottawa 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 Service has also
determined that this opening for big game 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:
Ottawa National Wildlife Refuge
The Ottawa National Wildlife Refuge (NWR) is situated on the
southwestern edge of Lake Erie in what was once part of a 300,000 acre
forested wetland known as the Great Black Swamp.
Approximately 10% of the original habitat exists--mostly as
modified, impounded wetland units formerly owned by agricultural or
sport-hunting interests. Ottawa NWR was established on July 28, 1961,
with land acquired under the authority of the Migratory Bird
Conservation Act. The primary purpose of the refuge is for use as an
inviolate sanctuary, or for any other management purpose, and for
administration of areas of land, water or interest therein to conserve
and protect migratory birds in accordance with treaty obligations and
(to conserve) other species of wildlife found therein, including
adequate wildlife habitat.
The total refuge acreage is 8,318 acres of which 5,350 acres are
either open pools, marsh, or moist soil units. The remaining acreage is
a mixture of grassland and shrubland, fallow fields, wet meadows,
forests (310 acres), and croplands (600 acres).
Ottawa NWR is an important migration stopover for migratory birds.
The refuge bird list contains 267 normally observed species. The refuge
supports 32 native mammal species along with 53 indigenous amphibian
and reptile species.
Public hunting is to be used primarily as a management tool for
balancing the white-tailed deer population objectives with other
wildlife objectives, thereby inhibiting this species from impacting the
quality of vegetative habitat. In addition, the proposed hunt will
provide limited public hunting opportunities on the refuge. The deer
population estimate at the refuge was determined from a winter
helicopter survey. The refuge estimates indicate that the current deer
population is at 47.3 deer per square mile. In Ohio, the buck harvest
estimates indicate a pre-harvest density for Lucas and Ottawa counties
of 0.6 and 0.9 deer per square mile. The refuge population estimate is
315% above the upper end of average densities reported for the
agricultural Midwest region. Wildlife managers expend a lot of time and
money responding to deer-vehicle accident and crop depredation
complaints. Without a hunting program specifically used as a management
tool, the refuge deer population may degrade habitat quality not only
for that population but other important species. Controlled access,
blind placement and hunting opportunity in designated management zones
and seasonal restrictions will limit human disturbance of wildlife and
provide wildlife a refuge interior sanctuary.
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. The Service 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 Ohio Division of 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
within the station budget to administer the proposed hunt.
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 program 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
[[Page 61492]]
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 there would be an
increase in the sale of firearms, ammunition, hunting gear, etc., this
proposed rule would have minimal effect on such entities as this is not
a big hunting program and hunting is otherwise allowed in surrounding
areas.
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 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
these openings are not likely to adversely affect a listed species or
its critical habitat.
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.
For the reasons set forth in the preamble, Part 32 of chapter I of
Title 50 of the Code of Federal Regulations is amended to read as
follows:
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 32.54 Ohio is amended by revising paragraph (c) to read
as follows:
Sec. 32.54 Ohio.
* * * * *
Ottawa National Wildlife Refuge
* * * * *
C. Big Game Hunting. Hunting of white-tailed deer is permitted on
designated areas of the refuge subject to the following conditions:
1. Permits are required.
2. Hunters are required to check in and out of the refuge each day
that they hunt.
3. No shooting from refuge roads or dikes is permitted.
* * * * *
Dated: October 20, 1995.
George T. Frampton, Jr.,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 95-29105 Filed 11-29-95; 8:45 am]
BILLING CODE 4310-55-M
