[Federal Register Volume 61, Number 29 (Monday, February 12, 1996)]
[Proposed Rules]
[Pages 5354-5356]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-3008]
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DEPARTMENT OF THE INTERIOR
National Park Service
36 CFR Part 7
RIN 1024-AC33
Shenandoah National Park, Recreational Fishing
AGENCY: National Park Service, Interior.
ACTION: Proposed rule.
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SUMMARY: The National Park Service (NPS) is proposing to remove the
special fishing regulations for Shenandoah National Park. The general
NPS fishing regulations and the regulations on closures and public use
limits are sufficient to allow for the proper management of fishing at
Shenandoah National Park. This duplication of regulations is often
confusing and unnecessary.
DATES: Written comments will be accepted through April 12, 1996.
ADDRESSES: All comments should be addressed to: Superintendent,
Shenandoah National Park, Route 4 Box 348, Luray, VA 22835.
FOR FURTHER INFORMATION CONTACT: Greg Stiles, Leader, Resource and
Visitor Protection Services, Shenandoah National Park, Route 4 Box 348,
Luray, VA 22835, Telephone (540) 999-3401.
SUPPLEMENTARY INFORMATION:
Background
The fishing regulations that are currently in use for Shenandoah
National Park are codified at 36 CFR 7.15(a). These regulations: (1)
Permit recreational fishing in selected streams of the Park as
designated by the Superintendent; (2) establish seasons, creel and size
limits; and (3) establish licensing requirements. This proposed
rulemaking will delete subsection 7.15(a) of 36 CFR pertaining to
recreational fishing in Shenandoah National Park and exclusively adopt
the general regulations found at 36 CFR 1.5 (Closures and public use
limits) and 2.3 (Fishing). Inherent to this proposal is the need to
provide for protection and management of the Park's fisheries resources
and to encourage partnerships with state agencies through regulatory
review.
Section-by-Section Analysis
1. Open Waters and Applicability. The general regulations for
Fishing, found at 36 CFR 2.3, establish that fishing in the parks,
except in designated areas, will be in accordance with nonconflicting
State laws and regulations within whose exterior
[[Page 5355]]
boundaries a park area is located. Existing State fishing regulations
are sufficient for the proper management of the fisheries at Shenandoah
National Park. The opening, closing and public use limits for
recreational fishing in the park requires an annual review by park
management. Any possible changes in public use associated with
fisheries resources is adequately covered in 36 CFR 1.5. Therefore,
special regulation 36 CFR 7.15(a)(1) Open Waters is not necessary and
will be removed.
2. Applicability. Because the NPS is proposing to remove all
special regulations pertaining to fishing, a separate paragraph on the
applicability of special fishing regulations in Sec. 7.15 is not
necessary. Therefore, 36 CFR 7.15(a)(2) Applicability, will be removed.
3. Season. The State of Virginia has established a year-round open
season to permit fishing in all state-designated trout streams. Special
regulation 36 CFR 7.15(a) established an opening date that coincided
with the State opening date, which no longer exists. However, 36 CFR
2.3 Fishing provides for recreational fishing, except in designated
areas, in accordance with the laws and regulations of the State. 36 CFR
1.5(a)(2) allows the park to designate areas for a specific use or
activity, or impose conditions or restrictions on a use or activity.
This will allow the park to establish limits in certain designated
areas when necessary. Therefore, 36 CFR 7.15(a)(3) is no longer needed
and will be removed.
4. License. 36 CFR 2.3 establishes that fishing in the parks will
be in accordance with State laws. All persons 16 years and older
fishing in Shenandoah National Park must have a Virginia State fishing
license in his/her possession. Since there is no need for a special
regulation for licensing, 36 CFR 7.15(a)(4) will be removed.
5. Size and Creel Limits. The State of Virginia has increased the
minimum size limit for trout from eight inches to nine inches and has a
maximum creel limit of six fish, compared to the current limit of five
fish in the park. To avoid confusion and to be consistent with the
limits established by the State, the park will use the State's limits.
Size and creel limits for other species of game-fish caught in the park
will also be the same as those limits designated by the State of
Virginia. Special regulations concerning size and creel limits are not
needed as 36 CFR 2.3 Fishing would apply. Therefore, 36 CFR 7.15(a)(5)
and 36 CFR 7.15(a)(6) will be removed.
6. Lures; bait. 36 CFR 2.3 Fishing currently regulates the use of
bait, and the State of Virginia permits only the use of a single hook,
which may be barbed or barbed-less. A special regulation concerning
lures and bait is not necessary, therefore 36 CFR 7.15(a)(7) will be
removed.
7. Fish for Fun. The term ``fish for fun'' is normally associated
with activities provided by fish stocking programs in specially
designated streams. Fish stocking does not occur within the Park.
However, the State law for ``Catch and Release'' adequately allows for
the protection of native and non-native fish populations on designated
streams. 36 CFR 1.5(a)(2) and 36 CFR 2.3(a) allow for the designation
of ``Catch and Release'' streams that are consistent with State
regulations. Therefore, 36 CFR 7.15(a)(8) is not necessary and will be
removed.
Public Participation
It is the policy of the Department of the Interior, whenever
practicable, to afford the public an opportunity to participate in the
rulemaking process. Accordingly, interested persons may submit written
comments regarding this proposed rule to the address noted at the
beginning of this rulemaking. The NPS will review all comments and
consider making changes to the rule based upon an analysis of the
comments.
Drafting Information: The process used to develop this proposed
rule included numerous reviews by Park staff, consultations with
Virginia Department of Game and Inland Fisheries Biologists and
consultations with numerous fisheries biologists from other parks,
agencies, research institutions and organizations. The primary
authors of this rulemaking are William J. Cook, Center for Resources
and Greg Stiles, Resource and Visitor Protection Services,
Shenandoah National Park; and Dennis Burnett, Washington Office of
Ranger Activities.
Paperwork Reduction Act
This proposed rule does not contain collections of information
requiring approval by the Office of Management and Budget under the
Paperwork Reduction Act of 1995.
Compliance With Other Laws
This rule was not subject to Office of Management and Budget review
under Executive Order 12866. The Department of the Interior determined
that this document will not have a significant economic effect on a
substantial number of small entities under the Regulatory Flexibility
Act (5 USC 601 et seq.). The economic effects of this rulemaking are
local in nature and negligible in scope.
The NPS has determined that this proposed rulemaking will not have
a significant effect on the quality of the human environment, health
and safety because it is not expected to:
(a) Increase public use to the extent of compromising the nature
and character of the area or causing physical damage to it;
(b) Introduce incompatible uses which compromise the nature and
character of the area or causing physical damage to it;
(c) Conflict with adjacent ownerships or land uses; or
(d) Cause a nuisance to adjacent owners or occupants.
Based on this determination, the regulation is categorically
excluded from the procedural requirements of the National Environmental
Policy Act (NEPA) by Departmental guidelines in 516 DM 6 (49 FR 21438).
As such, neither an Environmental Assessment (EA) nor an Environmental
Impact Statement (EIS) has been prepared.
This proposed rulemaking is consistent with and supportive of
Executive Order 12962, Recreational Fisheries, issued June 7, 1995.
Through this Executive Order, Federal Agencies shall, to the extent
permitted by law and where practicable, and in cooperation with States
and Tribes, improve the quantity, function, sustainable productivity
and distribution of U.S. aquatic resources for increased recreational
fishing opportunities. Establishment of this rulemaking is consistent
with the extent and purposes of the Fish and Wildlife Act of 1956 (16
U.S.C. 742a-d, and e-j), the Fish and Wildlife Coordination Act (16
U.S.C. 661-666c) and the Magnuson Fishery Conservation and Management
Act (16 U.S.C. 1801-1882).
List of Subjects in 36 CFR Part 7
National parks, Reporting and recordkeeping requirements.
In consideration of the foregoing, it is proposed to amend 36 CFR
Chapter I as follows:
PART 7--SPECIAL REGULATIONS, AREAS OF THE NATIONAL PARK SYSTEM
1. The authority citation for Part 7 continues to read as follows:
Authority: 16 U.S.C. 1, 3, 9a, 460(q), 462(k), Section 7.96 also
issued under D.C. Code 8-137 (1981) and D.C. Code 40-721 (1981).
Sec. 7.15 [Amended]
2. Section 7.15 is amended by removing paragraph (a) and
redesignating paragraphs (b) through (d) as new paragraphs (a) through
(c).
[[Page 5356]]
Dated: December 21, 1995.
George T. Frampton, Jr.,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 96-3008 Filed 2-9-96; 8:45 am]
BILLING CODE 4310-70-P
