[Federal Register Volume 61, Number 120 (Thursday, June 20, 1996)]
[Rules and Regulations]
[Pages 31459-31461]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-15738]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 32
RIN 1018-AD43
Addition of Ohio River Islands National Wildlife Refuge to the
List of Open Areas for Sport Fishing in West Virginia, Pennsylvania,
and Kentucky
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Final rule.
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SUMMARY: The U.S. Fish and Wildlife Service (Service) adds Ohio River
Islands National Wildlife Refuge to the list of areas open for sport
fishing in West Virginia, Pennsylvania, and Kentucky, 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 fish and wildlife
management, helps implement Executive Order 12962, (Recreational
Fisheries), and is otherwise in the public interest by providing
additional recreational opportunities at a national wildlife refuge.
EFFECTIVE DATE: This rule is effective July 22, 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, Division of Refuges,
U.S. Fish and Wildlife Service, Washington, DC 20240; Telephone (703)
358-2397.
SUPPLEMENTARY INFORMATION: National wildlife refuges generally are
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 also
must be in accordance with provisions of all laws applicable to the
areas, must be consistent with the principles of sound fish and
wildlife management, and must otherwise be in the public interest. This
rulemaking opens Ohio River Islands National Wildlife Refuge to sport
fishing.
In the November 29, 1995, issue of the Federal Register (60 FR
61239-61240) the Service published a proposed rulemaking and invited
public comment. A description of the refuge and the proposed fishing
program was provided. No comments were received during the 60-day
public comment period.
Statutory Authority
The National Wildlife Refuge System Administration Act (NWRSAA) of
1966, as amended (16 U.S.C. 668dd), and the Refuge Recreation Act of
1962 (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 of the Interior to permit the use of
any area within the Refuge System for any purpose, including but not
limited to, hunting, fishing and public recreation, accommodations and
access, when he determines that such uses are compatible with the major
purpose(s) for which the area was established.
The Refuge Recreation Act (RRA) authorizes the Secretary to
administer 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 purpose(s) for which
the areas were established. The NWRSAA and the RRA also authorize the
Secretary to issue regulations to carry out the purposes of the Acts
and regulate uses.
In many cases, refuge-specific regulations are developed to ensure
the compatibility of the programs with the purposes for which the
refuge was established. Initial compliance with the NWRSAA and the RRA
has been ensured for hunting and sport fishing on newly acquired
refuges through an interim determination of compatibility made at the
time of acquisition. This has ensured that the determinations required
by these acts have been made prior to the addition of refuges to the
lists of areas open to hunting and fishing in 50 CFR part 32. Continued
compliance is ensured by the development of long-term hunting and sport
fishing plans and by annual review of hunting and sport fishing
programs and regulations.
The Service has determined that this action is in accordance with
the provisions of all applicable laws, is
[[Page 31460]]
consistent with principles of sound fish and wildlife management, helps
implement Executive Order 12962 (Recreational Fisheries), and is
otherwise in the public interest by providing additional recreational
opportunities at national wildlife refuges. Sufficient funds will be
available within the refuge budget to operate the hunting and sport
fishing programs as proposed.
Ohio River Islands National Wildlife Refuge
Established in 1990, the Ohio River Islands National Wildlife
Refuge is located on the Ohio River from Shippingport, Pennsylvania to
Manchester, Ohio. There are currently eighteen islands in the refuge
totaling 1,020 acres. Through ongoing acquisition efforts, the refuge
has the potential to include all, or a portion of, 38 islands located
along 362 river miles encompassing up to 3,500 acres of wildlife
habitat.
The Ohio River islands and their back channels are recognized for
high quality fish and wildlife, recreation, scientific, and natural
heritage values. These areas provide some of the regions' highest
quality riverine, wetland, and bottomland habitats, and are used by
waterfowl, shorebirds, songbirds, warmwater fish, and freshwater
mussels.
The Ohio River Islands National Wildlife Refuge was established
under the authority of the Fish and Wildlife Act of 1956 (16 U.S.C.
742a-742j). The refuge's primary purposes are: ``* * * for the
development, advancement, management, conservation and protection of
fish and wildlife resources'', and ``for the benefit of the United
States Fish and Wildlife Service, in performing its activities and
services.'' The objectives of the sport fishing program are to:
(1) Provide for the wise use of renewable natural resources;
(2) provide an opportunity for sport fishing and minimal;
interference from other anglers and freedom to participate in a natural
setting; and
(3) provide sport fishing opportunity when such use was not
detrimental to the refuge's primary objective and is compatible with
other wildlife-dependent recreation.
A total of 55 species of fish were collected by the West Virginia
Department of Natural Resources and the Service in the vicinity of the
islands. The shallow water areas against the islands, particularly the
back channels, are important nursery areas for a variety of game fish.
Opening the refuge to sport fishing will have a negligible impact on
the fishery resource.
The 18 refuge islands comprise 1,020 acres, and State surveys of
recreational fishing indicate little impact has been realized on the
island habitats. The overwhelming majority of fish harvest occurs at
dam tailwaters and main channel borders.
Opening the refuge to fishing is compatible with refuge purposes.
The fishing program will be reviewed, as appropriate, to ensure that
sensitive habitats are protected from disturbance. Sufficient funds
will be available within the refuge budget to operate this fishing
program.
Paperwork Reduction Act
The Service has examined this regulation under the Paperwork
Reduction Act of 1995 and found it to contain no information collection
requirements.
Economic Effect
Service review has revealed that this rulemaking will increase
fishermen visitation to the surrounding area of the refuge before,
during or after recreational uses, compared to the refuge being closed
to these recreational uses. When the Service acquired this land, all
public use ceased under law until opened to the public in accordance
with this rulemaking.
This refuge is located away from large metropolitan areas.
Businesses in the area consist primarily of small family owned stores,
restaurants, gas stations and other small commercial enterprises. In
addition, there are several small commercial and recreational fishing
and hunting camps and marinas in the general area. This rule would have
a positive effect on such entities; however, the amount of revenue
generated is not large.
Many area residents enjoy a rural lifestyle that includes frequent
recreational use of the abundant natural resources of the area. A high
percentage of the households enjoy hunting, fishing, and boating in
area wetlands, rivers and lakes. Refuge lands were not generally
available for general public use prior to government acquisition;
however, they were fished and hunted upon by friends and relatives of
the landowners, and some were under commercial hunting and fishing
leases. Many nearby residents also participate in other forms of
nonconsumptive outdoor recreation, such as biking, hiking, camping,
birdwatching, canoeing, and other outdoor sports.
Economic impacts of refuge hunting and fishing programs on local
communities are calculated from average expenditures in the ``1995
National Survey of Fishing, Hunting, and Wildlife-Associated
Recreation''. In 1995, 42 million U.S. residents 16 years old and older
hunted and/or fished. More specifically, 37 million fished and 14.5
million hunted. Those who both fished and hunted account for the 9.5
million overage. Nationwide expenditures by sportsmen totaled $42
billion. Trip-related expenditures for food, lodging, and
transportation were $16 billion or 37 percent of all fishing and
hunting expenditures; equipment expenditures amounted to $19 billion,
or 46 percent of the total; other expenditures such as those for
magazines, membership dues, contributions, land leasing, ownership,
licenses, stamps, tags, and permits accounted for $6.9 billion, or 16
percent of all expenditures. Overall, anglers spent an average of $41
per day. For each day of hunting, big game hunters averaged spending
$40, small game hunters $20, and migratory bird hunters $33. Applying
these national averages to projected visitation at Ohio River Islands
NWR results in the following: 1200 fisherman are expected to spend
$12,200 annually in pursuit of their sport.
This rulemaking was not subject to review by the Office of
Management and Budget under Executive Order 12866. A review under the
Regulatory Flexibility Act of 1980 (5 U.S.C. 601 et seq.) has revealed
that this rulemaking would not have a significant effect on a
substantial number of small entities, which include businesses,
organizations, or governmental jurisdictions. Hunters and/or fishermen
increase visitation and expenditures in the surrounding area of the
refuge and contribute in a positive manner, but the total amounts are
not significant to the local area, therefore, this rule would have
minimal effect on such entities.
Federalism
This rule will not have substantial direct effects on the States,
in their relationship between the Federal 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, the Service has determined that this rule does not have
sufficient Federalism implications to warrant the preparation of a
Federalism Assessment.
Unfunded Mandates
The Service has determined and certifies pursuant to the Unfunded
Mandates Act, 2 U.S.C. 1502 et seq., that this rulemaking will not
impose a cost
[[Page 31461]]
of $100 million or more in any given year on local or State governments
or private entities.
Civil Justice Reform
The Service has determined that these final regulations meet the
applicable standards provided in Sections (a) and (b) of Executive
Order 12988.
Environmental Effects
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 was 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
pursuant to the Endangered Species Act was conducted. The Service
determined that this action will not affect any Federally listed or
proposed for listing threatened or endangered species or their critical
habitats. These documents are on file at the offices of the Service and
may be reviewed by making preliminary arrangements with the primary
author noted below.
Primary Author: Stephen R. Vehrs, Division of Wildlife 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
Fishing, Hunting, 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 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.
Sec. 32.7 [Amended]
2. Section 32.7, List of refuge units open to hunting and/or
fishing, is amended by alphabetical adding ``Ohio River Islands
National Wildlife Refuge'' to the States of Kentucky and Pennsylvania.
3. Section 32.36 Kentucky is amended by adding ``Ohio River Islands
National Wildlife Refuge'' in alphabetical order to read as follows:
Sec. 32.36 Kentucky.
* * * * *
Ohio River Islands National Wildlife Refuge
A. Hunting of Migratory Game Birds. [Reserved]
B. Upland Game Hunting. [Reserved]
C. Big Game Hunting. [Reserved]
D. Sport Fishing. Sport fishing is permitted on designated areas of
the refuge under Kentucky's State fishing regulations and guidelines,
unless otherwise posted on the refuge.
* * * * *
4. Section 32.57, Pennsylvania is amended by adding ``Ohio River
Islands National Wildlife'' alphabetically to read as follows:
Sec. 32.57 Pennsylvania.
* * * * *
Ohio River Islands National Wildlife Refuge
A. Hunting of Migratory Game Birds. [Reserved]
B. Upland Game Hunting. [Reserved]
C. Big Game Hunting. [Reserved]
D. Sport Fishing. Sport fishing is permitted on designated areas of
the refuge under Pennsylvania's State fishing regulations and
guidelines, unless otherwise posted on the refuge.
* * * * *
5. Section 32.68, West Virginia is amended by revising paragraph D,
under ``Ohio River Islands National Wildlife Refuge'' to read as
follows:
Sec. 32.68 West Virginia.
* * * * *
Ohio River Islands National Wildlife Refuge
* * * * *
D. Sport fishing. Sport fishing is permitted on designated areas of
the refuge under West Virginia's State regulations and guidelines,
unless otherwise posted on the refuge.
* * * * *
Dated: April 16, 1996.
George T. Frampton, Jr.,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 96-15738 Filed 6-19-96; 8:45 am]
BILLING CODE 4310-55-P
