[Federal Register Volume 59, Number 29 (Friday, February 11, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-1536]
[[Page Unknown]]
[Federal Register: February 11, 1994]
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Part II
Department of the Interior
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Fish and Wildlife Service
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50 CFR Part 32
Refuge-Specific Hunting and Fishing Regulations; Final Rules
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 32
RIN 1018-AB25
Addition of Eight National Wildlife Refuges to the List of Open
Areas for Hunting, Three to the List for Sport Fishing and Pertinent
Refuge-Specific Regulations
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Final rule.
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SUMMARY: The U.S. Fish and Wildlife Service (Service) adds eight
national wildlife refuges (NWR(s)) to the lists of open areas for
migratory game bird hunting, upland game hunting, and/or big game
hunting, three NWRs to the list for sport fishing and pertinent refuge-
specific regulations for those activities. The Service has determined
that such uses will be compatible with and, in some cases, enhance the
purposes for which each 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.
In addition, these regulations are consistent with the new format which
reorganizes all hunting and fishing regulations under one part.
EFFECTIVE DATE: This rule is effective on February 11, 1994.
FOR FURTHER INFORMATION CONTACT: Duncan L. Brown, U.S. Fish and
Wildlife Service, Division of Refuges, MS 670 ARLSQ, 1849 C Street,
NW., Washington, DC 20240; 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 eight refuges to hunting and
three to sport fishing. All of the hunting and fishing programs
included in this openings document have refuge-specific hunting or
fishing regulations which are included in this rulemaking.
This rulemaking will also include Little Pend Oreille National
Wildlife Refuge in the alphabetical listing under section 32.67
Washington. This refuge was operated by the state of Washington until
1989. In November of 1989 hunting plans for migratory game bird, upland
game and big game were approved, as carryover programs under state
regulation. These migratory game bird and upland game programs were not
listed in the Code of Federal Regulations. The big game program was
listed, but was inadvertently dropped when the Service recodified and
consolidated the refuge-specific regulations for hunting and fishing.
During the comment period, the Service recognized the need to correct
that error and to add the two programs not previously not listed.
In the September 17, 1993, issue of the Federal Register, 58 FR
48732, the Service published a proposed rulemaking to implement the
hunting and fishing openings and invited public comment. The Service
received comments from The Fund for Animals, Inc. and the Wildlife
Refuge Reform Coalition. The substantive comments and our responses are
as indicated below. The Service is aware that some of the hunting
seasons have already begun. Any further delay in these openings would
unnecessarily deprive the public of the hunting opportunities these
programs would provide. Therefore, in accordance with 5 U.S.C.
553(d)(3), the Service finds good cause to make this rule effective
upon publication.
Comments Received and Service Responses
1. Comment: The comment period was inadequate to properly analyze
the proposed hunting programs and their refuge-specific regulations.
Response: An abbreviated comment period was initially prescribed
due to the fast approach of the scheduled hunting seasons. The Service
was in error, however, in not explaining this in the proposed
rulemaking. Accordingly, the comment period was extended an additional
20 days by publication in the Federal Register at 58 FR 53703.
2. Comment: The Refuge Recreation Act was violated because no
independent finding of adequate funding to operate the hunts has been
done and, furthermore, the public has not been allowed to review the
refuge budgets and make recommendations on how refuge units should
spend their budget allocations.
Response: The adequacy of funding has been assured by the specific
refuge unit opening to hunting/fishing, and has been verified by the
Regional Office which has oversight responsibility of refuge unit
budgets. The Refuge Recreation Act does not require that the public
participate in the development of refuge unit budgets. There has been
no finding in any of the openings that the wildlife resource, or
operations of the refuge unit generally, will be compromised in any
manner.
3. Comment: The openings have not adequately shown that they are
biologically sound.
Response: All of the hunt plans include environmental assessments
and speak to the population and habitat of the wildlife resource to be
hunted and to other wildlife that may be impacted by the hunt. These
elements of the hunt plans were generally discussed in the proposed
rulemaking and the public was afforded the opportunity to review the
plans. The Service supports its refuge managers' decisions on the
propriety of opening their refuge units to hunting and the concurrence
required by the respective Regional Offices.
4. Comment: The compatibility determinations for the specific
refuge hunts did not include adequate biological information from which
such determination could be made and, furthermore, did not provide
adequate information on what would constitute ``sound wildlife
management.''
Response: As discussed above, the biological basis for each hunt
was discussed in each of the plans. The refuge managers made
compatibility determinations properly and considered whether or not the
hunting activity would be compatible with the purposes for which the
refuge was established. As the Fund for Animals points out, the term
``sound wildlife management'' is not defined. However, absent such
specific definition, the refuge managers' determinations on
compatibility and sound wildlife management must be accepted given
their years of experience, professional judgment, and review of biology
and habitat (as contained in the hunt plans). Comments based on
philosophical disagreements on the propriety of hunting on any national
wildlife refuge cannot be settled within this rulemaking process.
5. Comment: The Environmental Assessments (EAs) were not sufficient
to comply with the National Environmental Policy Act of 1969 (NEPA).
Response: The Service notes the disagreement of the Fund for
Animals with the EAs provided for each of the refuge-specific hunts.
However, all components of NEPA were complied with in the development
of these assessments. Again, the Service contends that the disagreement
of the Fund for Animals is philosophical and not based on objective
standards of review.
6. Comment: The Fund for Animals makes refuge-specific arguments to
support its general conclusions above to support its conclusion that
none of the hunting decision documents comply with existing Acts,
regulations and policies that govern the establishment of hunting on
national wildlife refuges.
Response: The Service finds that the hunt opening packages are
complete, have included adequate information for concurrence by the
Regional Office, and are in compliance with all rules and regulations
governing the establishment of hunt programs on national wildlife
refuges.
7. Comment: The Wildlife Refuge Reform Coalition concludes that the
proposed openings are inappropriate and in violation of the National
Wildlife Refuge System Administration Act and the Refuge Recreation
Act.
Response: The Service notes that this comment is premised on the
organization's position that hunting is a ``perversion of [the]
purpose'' of the refuge system. The Service has attempted, through the
various decision documents required in the opening process for each
refuge, to substantiate its decision that hunting on particular
national wildlife refuges is within the confines of ``sound wildlife
management'' and meets various rules and regulations prescribed for
such openings.
Conformance With Statutory and Regulatory Authorities
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.
In preparation for these openings, the refuge units have included
in their ``openings packages'' 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), or an Environmental Impact Statement and Record of Decision; a
section 7 evaluation or statement that no endangered or threatened
species exist on the refuge; a letter of concurrence from the affected
States; and refuge-specific regulations, as provided herein. From a
review of the totality of these documents, and for each refuge unit
specifically, the Secretary determines that the opening of the areas to
migratory game bird hunting, upland game hunting, big game hunting and
sport fishing are 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 these openings for hunting and fishing are compatible
and consistent with the primary purposes for which each of the refuges
listed below was established, and that funds are available to
administer the programs. The hunting and fishing programs will be
generally within State and Federal (migratory game bird) regulatory
frameworks. A brief description of the hunting and fishing programs
follows:
Alamosa NWR is located in the San Luis Valley in south-central
Colorado, 3 miles southeast of the City of Alamosa. It is administered
as part of the Alamosa/Monte Vista National Wildlife Refuge Complex.
The refuge is 11,169 acres in size and consists primarily of Rio Grande
River bottomland. This large mountain valley at an elevation of 7,500
feet is an important waterfowl production area in spite of its southern
location. The refuge is an important waterfowl breeding area with about
3,000 ducks and 200 geese produced annually. This refuge provides
important migrational habitat for 500 to 700 sandhill cranes and up to
90 bald eagles. Colonial waterbird nesting colonies exist on the refuge
and can include 750 white-faced ibis, black-crowned night herons, and
snowy and cattle egret nests. The sport fishing program would open the
southern portion of the refuge, about 5 miles along the Rio Grande
River, to fishing from July 1 through September 30 annually in
accordance with State of Colorado fishing regulations regarding
species, bag and possession limits and methods. All fish species
present would be open to fishing. No special refuge permit would be
required. The fishing program would not be open during spring, early
summer, or fall in order to protect waterfowl migration and production
habitat. The designated fishing season would not significantly affect
waterfowl production. The river does not have a high value for brood
production and has little use by waterbirds during this time. A section
7 consultation was conducted with a finding that the fishing program is
not likely to adversely affect any threatened or endangered species. An
environmental assessment concluded that no significant impact to the
human environment would occur if the fishing program were instituted.
The estimated cost for the fishing program is $1,000 and includes labor
for informing the public with signing, answering questions, and extra
law enforcement patrols. Once the fishing program is established,
annual operating costs are estimated at approximately $700. This cost
can be easily met with current refuge funding. Therefore, it is
determined that for FY 94 funds are available for the development,
operation, and maintenance of the program pursuant to the Refuge
Recreation Act.
Browns Park National Wildlife Refuge is located in an isolated
mountain valley in extreme northwestern Colorado. It lies along both
sides of the Green River, entirely within Moffat County, 25 miles below
Flaming Gorge Dam. It contains 13,455 acres of river bottomland and
adjacent beachland. The winters are unusually mild for mountainous
country, thereby providing winter haven for wildlife. There are three
distinct land types on the refuge: (1) Steep, rocky mountain slopes,
(2) alluvial beachlands, and (3) conglomerate sedimentary river
bottomlands. Numerous species of ducks and Great Basin Canada geese
nest on the refuge. The waterfowl population swells by the thousands
during the spring and fall migrations. Wading birds, shorebirds, and a
variety of raptors also use the refuge during various seasons. Resident
species include mule deer, pronghorn antelope, rabbits, and sage
grouse. Elk and bighorn sheep occasionally visit the refuge. Species
having threatened or endangered status include the bald eagle,
peregrine falcon, Colorado River squawfish, humpback chub, and bonytail
chub. The mission of the refuge is to preserve, restore and manage a
portion of the Green River and associated ecosystems for optimum
wildlife resources and to provide compatible human benefits associated
with its wildlife and wildlands. The refuge will now open to the
hunting of elk. The refuge is already open to the hunting of waterfowl,
cottontail rabbit and mule deer. Aerial surveys indicate increasing
numbers of elk are using the refuge during the fall and winter months.
Up to 200 elk were observed on the refuge during the winter of 1991-92.
A separate compatibility determination has concluded that the hunting
of elk would be compatible with the purposes for which the refuge was
established. Furthermore, the elk population is not anticipated to be
detrimentally impacted by the proposed hunt, because the refuge is
included within two separate big game State Management Units that are
subject to limited draw only. A separate Section 7 evaluation under the
Endangered Species Act has been done and a finding made that the
program would not adversely affect any threatened or endangered
species. An environmental assessment was done with a finding of no
significant impact to the human environment. The initial cost for this
hunt is approximately $1,000 and includes extra labor for informing the
public with signing, writing an information sheet, answering questions
and for extra law enforcement. Once established, the operating costs of
the hunt are estimated at about $700 annually, which is well within the
refuge's operational budget and, thus, there are sufficient funds
available for the development, operation, and maintenance of this
program as required by the Refuge Recreation Act.
Cypress Creek NWR, located in southern Illinois, was established as
an inviolate sanctuary, or for any other management purpose, for
migratory birds and for the conservation of wetlands. The refuge is one
component in the Cache River Wetlands system which, when fully
acquired, will include nearly 60,000 acres. The refuge, as acquired to
date, consists of approximately 3,800 acres of bottomland hardwood
forests associated with riverine wetlands. The parcels which make up
the refuge lend themselves well to hunting, especially for waterfowl
and upland game such as bob-white quail, cottontail rabbit, squirrel,
mourning dove and white-tailed deer. These species are considered the
target species for the refuge hunting plan. The hunting program
objectives provide a minimum of 200-500 hunter use days on applicable
areas opened to hunting. These areas have been determined to be
compatible with refuge purposes and objectives that are in conformance
with State regulations. The hunting program will also integrate species
specific recommendations for management as determined by the various
resource agencies involved in the project. Specifically, the hunt
program will control the large build-up of wintering populations of
Canada geese. Without such control, large goose build-ups are
inevitable and could interrupt existing distribution strategies that
have been agreed upon by State and flyway groups. Also, the white-
tailed deer populations must be controlled to ensure disease free herds
and to facilitate the reforestation project on the refuge.
Additionally, the hunt program provides public opportunities for
outdoor recreation. An environmental assessment was completed with a
finding of no significant impact to the human environment. A Section 7
consultation resulted in a finding that the program would not adversely
affect any threatened or endangered species. In addition, a separate
compatibility determination concluded that the program would be
compatible with the primary purposes of the refuge. Funding for the
hunting program will be a part of the refuge's operation and
maintenance fund which is approximately $250,000 annually. It is
anticipated that the hunting program will require one man-month (refuge
wildlife biologist) at a cost to the Service of $3,640 annually.
Therefore, it is determined that there are sufficient funds available
for the development, operation, and maintenance of the program as
required by the Refuge Recreation Act.
Meredosia NWR comprises 2,216 acres of Meredosia Island, Meredosia
Lake, and floodplain habitat. The refuge will now open to sport fishing
in designated areas of the refuge. Historically known for waterfowl
habitat, this refuge is located in Cass and Morgan Counties, Illinois,
nine miles south of Beardstown and immediately north of Meredosia,
Illinois. The refuge was established in 1973 as an inviolate sanctuary
for waterfowl. Prior to this establishment, the lands had been used
(since 1922) as a hunt club and waterfowl sanctuary. The refuge rests
on the river floodplain and consists of 1,802.3 acres of floodplain
forest, 150 acres in most soil units, 161 acres of former cropland in
various stages of natural regeneration, 72 acres in cropland and 25.5
acres of meadow. There are 5.2 miles of river bank and lake shore
habitat. Sport fishing activities will occur primarily at the southern
end of the refuge on recently acquired land. Sport fishing is made
compatible with the established refuge purposes by closing migratory
bird use areas to the public during critical periods. Sport fishing is
an opportunity that will facilitate the revival of the Meredosia
wetland complex as a multi-purpose natural area available for public
use. One of the objectives of the refuge is to provide environmental
education and other compatible public use opportunities to the public.
The refuge could provide excellent opportunities for people to
experience and appreciate a river floodplain ecosystem. These public
initiatives will be set into motion whenever permission is granted for
the sport fishing program. A separate compatibility determination
concluded that the program would be compatible with the primary
purposes of the refuge. An environmental assessment resulted in a
finding of no significant impact to the human environment. In addition,
a Section 7 consultation under the Endangered Species Act concluded
that the program would not adversely affect any threatened or
endangered species. The minimal staff effort and associated
administrative costs required to facilitate a sport fishing program on
the refuge will cause no administrative conflicts with refuge
operations and are sufficient to develop, operate, and maintain the
program. This program is, therefore, in compliance, with the Refuge
Recreation Act.
Driftless Area NWR was established in October 1989 to protect the
endangered Iowa Pleistocene snail and the threatened northern wild
monkshood plant. These two species, along with other rare snails and
plants, are found almost exclusively on certain cool, moist, shaded
slopes and cliffs, many of which are called algific talus slopes. The
refuge will now open to a limited upland game and big game hunt and
sport fishing will be allowed on designated areas of the refuge. The
refuge consists of approximately 506 acres of scattered parcels in
three northeast Iowa counties. As planned, the refuge may expand to
include tracts in southwest Wisconsin, southeast Minnesota and
northwest Illinois. Casual hunting and sport fishing were allowed on
these lands prior to its establishment as a refuge. All limited hunting
and fishing would occur away from the algific talus slopes where the
rare species occur, and in designated buffer zones where no rare
species are located. The refuge units to be opened for hunting are
relatively small, 204 and 209 acres, and have sufficient off-slope
buffer zones where hunter use is compatible. The specific areas to be
opened for hunting are the Howard Creek Unit and the Fern Ridge Unit in
Clayton County. The units opened to fishing are the Fern Ridge Unit and
Steele's Branch Unit in Clayton County. The sites are not expected to
receive heavy use as they are not located near large population
centers. Species available for hunting include white-tailed deer,
cottontail rabbit, eastern grey squirrel, eastern fox squirrel,
woodchuck, raccoon, opossum, coyote, red fox, grey fox, wild turkey,
ring-necked pheasant, grey partridge, ruffed grouse, woodcock, American
crow and rock dove. Because of extraordinarily high deer densities, the
potential for detrimental impact on the endangered species through
browsing and trampling is high. A section 7 consultation has been
completed, with concurrence by the Rock Island Ecological Services
Field Office, indicating that these activities will not adversely
affect the listed species. A separate compatibility determination was
completed with stipulations regarding seasons, hunting restrictions,
firearms, the use of horses, and facilities. With the stipulations, it
was determined that the hunting and fishing activities would be
compatible with the conservation of the rare species. An environmental
assessment concluded that there would be no significant impact on the
human environment. No additional funding or staffing will be needed to
administer the program. Occasional law enforcement patrols will be
conducted concurrent with other management functions. There are
sufficient funds and personnel, therefore, to develop, operate, and
maintain this program as required by the Refuge Recreation Act.
Patuxent Wildlife Research Center (Center) is a 12,800 acre
facility located approximately between Baltimore, Maryland and
Washington, DC, in Anne Arundel and Prince George's counties, Maryland.
The Patuxent River roughly bisects the property. The area which now
will be open for hunting of migratory game birds, upland game and big
game (deer) consists of a 8,100 acre tract, known as the North Tract,
which was transferred to the Center by the U.S. Army in 1991. Long-term
wildlife research studies of migratory birds, environmental
contaminants and endangered species are the primary purposes and
objectives of the North Tract. The North Tract comprises a large
contiguous forest (approximately 6,400 acres) in the coastal plain of
Central Maryland. This forest is directly connected to the large
forested acreage of the original Patuxent Wildlife Research Center,
Beltsville Agricultural Research Center, NASA Goddard Space Flight
Center, National Park Service and Secret Service tracts to the south
and west. Together these largely forested lands constitute the largest
(20,000+ acres) contiguous forest or ``greenway'' in the coastal plain
of Maryland. The hunting program on the North Tract will be managed to
provide the public with a high quality wildlife oriented activity and
an opportunity to explore the Nation's valuable and renewable wildlife
resources. Only harvestable surpluses of animals will be taken.
Wildlife populations will not be allowed to experience overall decline
by the conduct of sport hunting, with the exception of deer. Deer
populations may be reduced to maintain the carrying capacity of their
habitat. Prior to the transfer of the North Tract to the Center, this
area was open to the public for hunting for over 30 years. The hunts
will ensure that wildlife levels and good conservation management
principles are followed. The hunting program will be so carefully
controlled that locations and numbers of hunters in the field will be
known at the Hunting Control Point. Participants in approved public use
activities will be required to check in with Hunting Control so
potential conflicts are avoided. A separate section 7 consultation
under the Endangered Species Act was completed with a finding of no
adverse affect on any threatened or endangered species. An
environmental assessment concluded that the program would have no
significant impact on the human environment. A compatibility
determination also found that the program would be compatible with the
primary purposes of the refuge. Funding to continue public hunting on
the North Tract will be provided exclusively by hunting permit fees.
There are, therefore, sufficient funds to develop, operate, and
maintain the program in compliance with the Refuge Recreation Act.
Wallkill River NWR is located in the Townships of Wantage, Vernon
and Hardyston in Sussex County, New Jersey and Warwick Township in
Orange County, New York. The refuge was established, in large part, to
serve as a key link in New Jersey's planned Greenway system for the
northern part of the State. The refuge includes approximately nine
miles of the Wallkill River. The Wallkill River bottomlands of Sussex
County, New Jersey, are one of the few, high quality waterfowl
concentration areas remaining in the northwestern portion of the State.
It is also unique as a wildlife habitat due to its expansive wetlands
and great diversity of species it supports, including nineteen of the
State's listed threatened and endangered species. The refuge lies
within two physiographic provinces, the Appalachian Valley and Ridge
Province which encompass the Kittatinny Mountain Range to the west and
the Highland Ridge System Province to the east. The Wallkill
bottomlands have been farmed and mined for decades. The refuge will
protect 4,200 acres of freshwater wetlands and 3,300 acres of adjacent
upland when acquisition is completed. Wetland habitat types include
1,600 acres of palustrine forest, 1,500 acres of emergent marsh, 600
acres of wet meadow, 400 acres of scrub-shrub marsh, and 100 acres of
open water. Upland habitat types include 2,500 acres of agricultural
land and 800 acres of mixed hardwood. Resident wildlife is composed of
a variety of game and non-game species of birds, mammals, fish and
amphibians. Furbearers include beaver, muskrat, mink, and raccoon.
Black bear and bobcat are also known to occur occasionally on the
refuge. The refuge will now be open to hunting of deer in designated
areas of its properties. Deer are abundant throughout the refuge. State
deer biologists estimate a deer density of approximately 35 deer per
square mile in Sussex County's Deer Management Zone 2, of which
Wallkill is a part. This is slightly higher than the Statewide mean
pre-season density of 31 deer per square mile. The deer population in
the area is stable at the present time. The number of hunters expected
to use the area is relatively small and should not have any significant
impact on the wildlife populations on the refuge. As determined in a
separate compatibility determination, hunting of deer is compatible
with the purposes for which the refuge was established. A separate
section 7 consultation under the Endangered Species Act was completed
with a finding that the program would have no adverse affect on any
threatened or endangered species. An environmental assessment found
that the program would have no significant impact on the human
environment. Initial costs to open the refuge to hunting are estimated
to be about $7,000 including the cost of administering the first
hunting season. Costs will decrease in subsequent years, with an
anticipated annual operating cost of about $4,700. There are,
therefore, sufficient funds available with the annual operating budget
of $178,300 to conduct this hunt. There are, accordingly, sufficient
funds to develop, operate, and maintain the program pursuant to the
Refuge Recreation Act.
Des Lacs NWR is located in northwest North Dakota, approximately 50
miles north of Minot and 90 miles east of the Montana state line. The
long, narrow riverine refuge extends 26 miles in length from the
Canadian border to 8 miles south of Kenmare, North Dakota. The refuge
includes all of the main water areas and adjacent uplands along this
stretch of the Des Lacs Valley in Burke and Ward Counties. The
topography is characterized by adjacent grass uplands descending a
hundred feet into the river valley interspersed with numerous wooded
draws and coulees. The refuge consists of 19,544 acres, including
13,600 acres of upland, 5,014 acres of open water, 700 acres of marsh,
and 230 acres of wooded coulees. The refuge was established in 1935 as
a breeding ground for migratory birds and other wildlife. The refuge is
an important waterfowl breeding and migration area in the Prairie
Pothole Region. An average of 4,000-5,000 ducks and 50-150 Giant Canada
geese are produced annually. Resting use during fall migration is
significant with a peak of 200-300,000 snow geese and up to 50,000
ducks using the refuge. The Des Lacs Hunting Plan was completed in 1985
and currently allows the hunting of white-tailed deer. This opening
will add the hunting of upland game birds, rabbits and fox to that
plan. Populations of upland game birds, rabbits and fox are sufficient
in all but the most severe winter weather conditions, to sustain refuge
objectives of maintaining viable populations of these species of
resident wildlife. The timing of the hunts will avoid conflicts with
other refuge objectives because: (1) All waterfowl would have left the
refuge due to all wetlands freezing over; (2) virtually no endangered
species will be present in the area except for an occasional bald eagle
or peregrine falcon, because their primary food source, waterfowl, are
not present; and (3) use of refuge roads for wildlife observation is
virtually non-existent due to winter weather and poor road conditions
due to snow drifts. A separate section 7 consultation under the
Endangered Species Act was completed which determined that the program
would have no adverse affect on any threatened or endangered species. A
compatibility determination found that the proposed hunt program is
compatible with the primary purposes of the refuge. An environmental
assessment was completed on the program with a finding of no
significant impact to the human environment. The estimated initial cost
for this hunt is $1,000 and includes labor for additional signing,
administration and law enforcement. Once the hunt becomes established,
annual operating costs are estimated at $500. These new costs can be
met readily with current funding levels and are sufficient to develop,
operate, and maintain the program in compliance with the Refuge
Recreation Act.
J. Clark Salyer NWR, is located along the Souris River in Bottineau
and McHenry Counties of north-central North Dakota. The 58,693 acre
refuge extends from the Manitoba border southward for approximately 45
miles. The entire refuge lies within an area which was once Glacial
Lake Souris. The surrounding area is old lake bottom with extremely
flat topography and a high density of temporary wetlands. While a
primary objective of the refuge is waterfowl production, the area has a
very diverse population of other bird species. More than 250 species
have been noted, including sharp-tailed grouse, Swainson's hawks, a
wide variety of waterbirds, and relatively rare small birds such as
Sprague's pipits and Baird's and LeConte's sparrows. Endangered or
threatened species such as the bald eagle, peregrine falcon and piping
plover have been recorded. White pelicans are present on the refuge all
summer, while thousands of sandhill cranes, tundra swans and snow geese
use the refuge as a feeding and resting area during migration. White-
tailed deer, red fox, coyote, raccoon, mink, muskrat, beaver, porcupine
and striped skunk are abundant. The refuge will now open itself to fox
hunting. The refuge is already open to upland game hunting of pheasant,
partridge, grouse and turkey. Red fox populations have adapted well to
an environment modified by agricultural activity and their populations
are higher than historical level. Red fox are a major cause of duck
nest loss and kill many nesting hens on the refuge and other parts of
the Prairie Pothole Region of North America. The fox populations have
remained high in the State despite liberal hunting and trapping
regulations. Opening the refuge to fox hunting will fulfill a demand
for predator hunting in the winter and achieve management objectives in
harvesting surplus animals. A separate section 7 consultation under the
Endangered Species Act found that the program would not adversely
affect any threatened or endangered species. A compatibility
determination found that the hunt program would be compatible with the
primary purposes of the refuge. In addition, an environmental
assessment found that the program would present no significant impact
to the human environment. The hunt can be administered along with other
refuge hunts and activities with little or no added costs. Therefore,
there are sufficient funds to develop, operate, and maintain this
program and in compliance with the Refuge Recreation Act.
Eastern Shore of Virginia NWR, was established in August 1984, and
is located at the southern terminus of the Delmarva Peninsula in
Northampton County, Virginia. At present, the refuge encompasses 548
acres, 57 of which lie to the west of Route 13 and the remaining 491
lie to the east of this highway. The refuge will now open to a big game
(white-tailed deer) hunt. Five hunting zones totalling 500 acres will
be open for public deer hunting. Permits will be required and will
specify conditions for each type of hunt in each of the five hunting
zones. One of the primary objectives of the refuge is to maintain
healthy populations of wildlife. Deer populations are now at or above
carrying capacity of the refuge habitat. Over or under harvest will be
prevented by annual adjustments to the hunting program. The number of
hunt days, the hunt zones, and the numbers of hunters per zone can be
increased or decreased. This hunting plan initiates deer hunting as a
means of keeping deer populations in balance with refuge habitat, while
also providing public outdoor recreation benefits. Hunting has been
found to be compatible with the primary purpose of the refuge. A
separate section 7 consultation under the Endangered Species Act found
that the program would not adversely affect any threatened or
endangered species. In addition, an environmental assessment found that
the program would present no significant impact to the human
environment. There are sufficient funds to develop, operate, and
maintain this program and, accordingly, this hunt program would be in
compliance with the Refuge Recreation Act.
This rule was not subject to review under Executive Order 12866.
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.
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)), environmental
assessments have been prepared for these openings. Based upon the
Environmental Assessments, the Service issued Findings of No
Significant Impact with respect to the openings. Section 7 evaluations
were prepared pursuant to the Endangered Species Act, with a finding
that the programs likely would not adversely affect any threatened or
endangered species.
Duncan L. Brown, 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 is amended by adding alphabetically ``Cypress Creek
National Wildlife Refuge'' and ``Meredosia National Wildlife Refuge''
under Illinois; ``Driftless Area National Wildlife Refuge'' under Iowa;
``Patuxent Wildlife Research Center'' under Maryland; ``Wallkill River
National Wildlife Refuge'' under New Jersey; ``Eastern Shore of
Virginia National Wildlife Refuge'' under Virginia; and ``Little Pend
Oreille National Wildlife Refuge'' under Washington.
3. Section 32.25 Colorado is amended by adding text to paragraph D.
of the Alamosa National Wildlife Refuge; and by revising paragraph C.
of Browns Park National Wildlife Refuge to read as follows:
Sec. 32.25 Colorado.
* * * * *
Alamosa National Wildlife Refuge
* * * * *
D. Sport Fishing. Fishing is permitted on designated areas of
the refuge subject to the following conditions:
1. The fishing season is July 1 through September 30.
2. Fishing activity is limited to daylight use only.
* * * * *
Browns Park National Wildlife Refuge
* * * * *
C. Big Game Hunting. Hunting of mule deer and elk is permitted
on designated areas of the refuge subject to the following
conditions:
1. Elk hunting shall be governed by State hunting rules and
regulations specific to the taking of elk within the State of
Colorado.
2. Two safety and buffer zones will be closed to hunting to
protect the refuge and private facilities, as identified by the
refuge manager as those areas closed to the hunting of mule deer and
cottontail rabbit.
* * * * *
4. Section 32.32 Illinois is amended by adding Cypress Creek
National Wildlife Refuge and Meredosia National Wildlife Refuge to the
alphabetical listing to read as follows:
Sec. 32.32 Illinois.
* * * * *
Cypress Creek National Wildlife Refuge
A. Hunting of Migratory Game Birds. Hunting of migratory birds
is permitted on designated areas of the refuge subject to the
following conditions:
1. Boats, decoys and blinds must be removed from the refuge at
the conclusion of each day's hunt.
2. Only goose hunting is allowed in the area known as the
``Ducks Unlimited Area.''
3. Hunters must check in and out of the refuge each day of
hunting.
B. Upland Game Hunting. Hunting of bob-white quail, rabbit,
raccoon, opossum, coyote, red fox and grey fox is permitted on
designated areas of the refuge subject to the following conditions:
1. Hunters must check in and out of the refuge each day of
hunting.
2. No hunting after sunset is permitted.
C. Big Game Hunting. Hunting of white-tailed deer is permitted
on designated areas of the refuge subject to the following
condition: Hunters must check in and out of the refuge each day of
hunting.
D. Sport Fishing. [Reserved]
* * * * *
Meredosia National Wildlife Refuge
A. Hunting of Migratory Game Birds. [Reserved]
B. Upland Game Hunting. [Reserved]
C. Big Game Hunting. [Reserved]
D. Sport Fishing. Fishing is permitted on designated areas of
the Meredosia National Wildlife Refuge subject to the following
conditions:
1. Fishing is permitted from February 16 through October 15 on
all refuge waters, from boat or from the bank.
2. From October 16 through February 15, fishing is permitted
south of Carver Lake by foot access only.
3. Fishing is allowed during daylight hours only.
* * * * *
5. Section 32.34 Iowa is amended by adding Driftless Area
National Wildlife Refuge to the alphabetical listing to read as
follows:
Sec. 32.34 Iowa.
* * * * *
Driftless Area National Wildlife Refuge
A. Hunting of Migratory Game Birds. [Reserved]
B. Upland Game Hunting. Hunting of upland game is permitted on
designated areas of the refuge subject to the following condition:
Hunting is permitted only between November 1 and the close of State
established seasons, or January 15, whichever comes first.
C. Big Game Hunting. Hunting of white-tailed deer is permitted
on designated areas of the refuge subject to the following
conditions:
1. Hunting is permitted only between November 1 and the close of
State established seasons, or January 15, whichever comes first.
2. Hunting is restricted to archery and muzzleloader use only.
3. Construction or use of permanent blinds, platforms or ladders
is not permitted.
4. All stands must be removed from the refuge at the end of the
day's hunt.
5. Hunting in areas posted ``Closed Area'' is strictly
prohibited.
6. Firearms are permitted only during an open hunting season.
7. Horses or other hoofed animals are prohibited.
D. Sport Fishing. Fishing is permitted on designated areas of
the refuge.
* * * * *
6. Section 32.39 Maryland is amended by adding Patuxent Wildlife
Research Center to the alphabetical listing to read as follows:
Sec. 32.39 Maryland.
* * * * *
Patuxent Wildlife Research Center
A. Hunting of Migratory Game Birds. Hunting of migratory birds
is permitted on designated areas of the Center subject to the
following conditions:
1. Seasonal permit is required.
2. A fee is required for issuance of a seasonal permit.
3. The use of a retriever is mandatory on any impounded waters.
Retrievers shall be of the traditional breeds, such as Chesapeake
Bay, Golden, etc.
4. Dogs observed running loose or unattended in unauthorized
areas shall be subject to seizure by law enforcement officers.
B. Upland Game Hunting. Hunting of upland game is permitted on
designated areas of the Center subject to the following conditions:
1. Seasonal permit is required.
2. A fee is required for issuance of a seasonal permit.
3. Hunting of upland game is suspended during the firearm deer
season.
4. 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.
5. Dogs observed running loose or unattended in unauthorized
areas shall be subject to seizure by law enforcement officers.
C. Big Game Hunting. Hunting of deer is permitted on designated
areas of the Center subject to the following conditions:
1. Seasonal permit is required.
2. A fee is required for issuance of a seasonal permit.
3. Validation of hunter safety proficiency test is required.
4. Dogs are not permitted.
5. No hunting with black powder handguns will be permitted.
6. Possession of rifled slug or pumpkin ball is permitted only
during the firearm deer season. Use of buckshot is strictly
prohibited.
7. Only shotguns loaded with rifled slug or pumpkin ball and
black powder rifles, 40 caliber or larger, with not less than 60
grains of black powder or equivalent in Pyrodex, shall be used for
hunting deer during the firearm deer season.
8. During the firearm deer season, the use of bow and arrow is
prohibited.
9. Hunting of upland game is suspended during the firearm deer
season.
10. 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. Bow hunters must follow this requirement when
moving to and from the deer stand, but are not required to wear
hunter orange when positioned to hunt.
11. Only portable deer stands with safety belts are permitted.
Safety belts must be worn while in the stand.
D. Sport Fishing. [Reserved]
7. Section 32.49 New Jersey is amended by adding Wallkill River
National Wildlife Refuge to the alphabetical listing to read as
follows:
Sec. 32.49 New Jersey.
* * * * *
Wallkill River 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
conditions:
1. Refuge hunting hours are concurrent with State hunting hours.
Hunters may enter the refuge no earlier than two hours before
shooting time and leave no later than one hour after the end of
shooting hours.
2. Hunters must wear in a conspicuous manner at least 400 square
inches of hunter orange on their person.
3. Only portable tree stands may be used and must be removed
from the refuge each day.
D. Sport Fishing. [Reserved]
8. Section 32.53 North Dakota is amended by adding text to
paragraph B. of Des Lacs National Wildlife Refuge; and by revising
paragraph B. of J. Clark Salyer National Wildlife Refuge to read as
follows:
Sec. 32.53 North Dakota.
* * * * *
Des Lacs National Wildlife Refuge
* * * * *
B. Upland Game Hunting. Hunting of ring-necked pheasants, sharp-
tailed grouse, gray partridge, cottontail rabbit, jackrabbits,
snowshoe hares and fox is permitted on designated areas of the
refuge subject to the following conditions:
1. Only nontoxic shot or falconry may be used.
2. Upland game birds and rabbit shotgun season is from December
1 through the end of the State season.
3. The upland game bird and rabbit falconry season is from
December 1 through March 31.
* * * * *
J. Clark Salyer National Wildlife Refuge
* * * * *
B. Upland Game Hunting. Hunting of pheasant, partridge, grouse,
turkey and fox is permitted on designated areas of the refuge
subject to the following conditions:
1. Fox hunting opens annually on the day following the close of
the regular firearm deer season and closes on March 31.
2. Fox hunting is closed from \1/2\ hour after sunset until \1/
2\ hour before sunrise.
* * * * *
9. Section 32.66 Virginia is amended by adding Eastern Shore of
Virginia National Wildlife Refuge to the alphabetical listing to read
as follows:
Sec. 32.66 Virginia.
* * * * *
Eastern Shore of Virginia National Wildlife Refuge
A. Hunting of Migratory Game Birds. [Reserved]
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. Permits are required.
2. Only shotguns, 20 gauge or larger, loaded with buckshot, and
bow and arrow are permitted.
3. Dogs are not permitted.
4. Only portable tree stands may be used and must be removed at
the end of each hunt day.
5. Shotgun hunters must wear, in a conspicuous manner, on head,
chest, and back, a minimum of 400 square inches of solid-colored
orange clothing or material.
D. Sport Fishing. [Reserved]
* * * * *
10. Section 32.67 Washington is amended by adding Little Pend
Oreille National Wildlife Refuge to the alphabetical listing to read as
follows:
Sec. 32.67 Washington.
* * * * *
Little Pend Oreille National Wildlife Refuge
A. Hunting of Migratory Game Birds. Hunting of migratory game
birds is permitted on designated areas of the refuge.
B. Upland Game Hunting. Hunting of upland game is permitted on
designated areas of the refuge.
C. Big Game Hunting. Hunting of white-tailed deer and elk is
permitted on designated areas of the refuge.
D. Sport Fishing. Sport fishing is permitted on designated areas
of the refuge subject to the following condition: Permits are
required.
* * * * *
Dated: December 2, 1993.
Richard N. Smith,
Acting Director.
[FR Doc. 94-1536 Filed 2-10-94; 8:45 am]
BILLING CODE 4310-55-P
