[Federal Register Volume 61, Number 121 (Friday, June 21, 1996)]
[Proposed Rules]
[Pages 31888-31891]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-15130]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 32
RIN 1018-AD78
Addition of Cossatot National Wildlife Refuge to the List of Open
Areas for Hunting and Sport Fishing in Arkansas
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Proposed rule.
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SUMMARY: The U.S. Fish and Wildlife Service (Service) proposes to add
Cossatot National Wildlife Refuge to the list of areas open for hunting
and sport fishing in Arkansas 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, and is otherwise
in the public interest by providing additional recreational
opportunities at national wildlife refuges.
[[Page 31889]]
DATES: Comments may be submitted on or before 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, at the address
above; 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 otherwise must be in the public interest. The
Service proposes to open Cossatot National Wildlife Refuge to hunting
migratory game birds, upland game, big game, and sport fishing.
Request for Comments
Department of the Interior policy is, whenever practicable, to
afford the public a meaningful opportunity to participate in the
rulemaking process. A 30-day comment period is specified in order to
facilitate public input. Accordingly, interested persons may submit
written comments concerning this proposed rule to the person listed
above under the heading ADDRESSES. All substantive comments will be
reviewed and considered.
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.
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 a newly acquired
refuge like Cossatot 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 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.
Opening Package
In preparation for this opening, the following documents are
included in the refuge's ``openings package'' for Regional review and
approval from the Washington Office: an interim hunting and fishing
management plan; an environmental action memorandum and categorical
exclusion certification; a Section 7 determination pursuant to the
Endangered Species Act, that these openings will have no effect on
listed species or critical habitats; a letter of concurrence from the
affected State; interim compatibility determination; and refuge-
specific regulations to administer the hunting and fishing programs.
Upon review of these documents, the Secretary has determined that the
opening of the Cossatot National Wildlife Refuge to hunting and fishing
is compatible with the principles of sound fish and wildlife management
and otherwise will be in the public interest. A brief description of
the refuge program follows.
Cossatot National Wildlife Refuge
Cossatot National Wildlife Refuge, located in Sevier County,
Arkansas, was established in 1994 to preserve both habitat and
wintering areas vital to the long-term conservation of migratory
waterfowl and afford protection to threatened and endangered species.
The Service plans to increase the refuge from its current 1,933 acres
to encompass Millwood Lake, a 30,000-acre Corps of Engineers
impoundment adjoining the refuge. The protection of these habitats
benefits all fish and wildlife species in the area and makes available
additional lands for public recreational use. All consumptive public
use programs are planned and administered to complement and/or assist
with the primary goal of habitat and fish and wildlife management
without conflicting with other primary objectives of the refuge.
The area is especially notable for its abundant water resources.
The Cossatot River is designated as an Arkansas Scenic Stream just
north of the refuge. The Little River, Red Lake, Wilson Creek, Roberts
Branch, Pond Creek, Clear Creek and several old oxbow lakes also
contribute to the areas wetland values.
The refuge provides outstanding habitat for a diversity of birds,
mammals and aquatic life. The flooded green and dead timber provide
excellent wintering habitat for waterfowl, and wood duck breeding and
nesting habitat. The primary waterfowl species in this part of Arkansas
are mallards and wood ducks; however, other species such as gadwall,
green-winged teal and ring-necked ducks use the flooded timber, sloughs
and beaver ponds. The refuge is positioned to receive ducks from both
the Central and Mississippi Flyways and has a long history of good
waterfowl hunting. Wading birds frequent these wetlands and four
rookeries are present on the subject property.
Hunting and fishing will continue on these lands in the interim
during the refuge master planning process. All hunting and fishing
seasons are designed to provide optimum opportunity for quality
recreation experiences. Management objectives of the refuge are to:
Preserve and manage the area's wetland and bottomland
hardwood habitat for a natural diversity of wildlife;
Provide habitat for neotropical migratory birds;
Provide wintering habitat for migratory waterfowl;
Provide breeding and nesting habitat for wood ducks; and
Provide opportunities for compatible public recreation
such as hunting, fishing, hiking, birdwatching and environmental
education and interpretation.
[[Page 31890]]
Hunting will be allowed under permit in accordance with State of
Arkansas regulations and licensing requirements with the following
exceptions:
Vehicles will be restricted to existing roads;
All-terrain vehicles will be restricted to designated
trails and roads;
Off-road travel will be limited to foot travel;
Firearms and bows will be prohibited except during hunting
seasons;
Hunting deer with dogs will not be allowed;
Camping will be restricted to designated areas; and
Non-toxic shot will be required for shotgun hunting.
Paperwork Reduction Act
This regulation has been examined under the Paperwork Reduction Act
of 1995 and has been found to contain no information collection
requirements.
Economic Effect
Service review has revealed that this rulemaking will increase
hunter and fishermen visitation to the surrounding area of the refuge
before, during or after the recreational use, 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 proposed 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
Cossatot National Wildlife Refuge results in the following: 800 hunters
are expected to spend $28,000 annually and 2,000 fishermen will spend
approximately $82,000 in pursuit of their sports on the refuge.
This rulemaking was not subject to Office of Management and Budget
review under Executive Order 12866. A review under the Regulatory
Flexibility Act of 1980 (5 U.S.C. 601 et seq.) has revealed that the
rulemaking would increase visitation and expenditures in the
surrounding area of the refuge. The rulemaking would not have a
significant effect on a substantial number of small entities in the
area, such as businesses, organizations and governmental jurisdictions.
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 was not prepared for this opening. The Service
invoked a categorical exclusion as provided by 516 DM6 Appendix 1 with
respect to the opening. A Section 7 evaluation pursuant to the
Endangered Species Act was conducted. The Service determined that the
proposed action will have no effect on three species and is not likely
to effect a fourth species of 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 contacting the primary author noted below.
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 of $100 million or more in any given year on local or
State governments or private entities.
Primary Author
Stephen R. Vehrs, Division of Refuges, U.S. Fish and Wildlife
Service, Washington, DC, is the primary author of this proposed
rulemaking document.
List of Subjects in 50 CFR Part 32
Fishing, Hunting, Reporting and recordkeeping requirements,
Wildlife, and Wildlife refuges.
Accordingly, Part 32 of chapter I of Title 50 of the Code of
Federal Regulations is proposed to be 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.
2. Section 32.7 List of refuge units open to hunting and/or
fishing is amended by adding the alphabetical listing of ``Cossatot
National Wildlife Refuge'' under the State of Arkansas.
3. Section 32.23 Arkansas is amended by adding in alphabetical
order Cossatot National Wildlife Refuge to read as follows:
Sec. 32.23 Arkansas.
* * * * *
Cossatot National Wildlife Refuge
A. Hunting of Migratory Game Birds. Hunting of ducks, geese,
coots, woodcock, snipe, and mourning doves is permitted on
designated areas of the refuge subject to the following condition:
1. Permits are required.
B. Upland Game Hunting. Hunting of quail, rabbit, squirrel,
raccoon, opossum and beaver is permitted on designated areas of the
refuge subject to the following condition:
1. Permits are required.
C. Big Game Hunting. Hunting of white-tail deer and turkey is
permitted on designated areas of the refuge subject to the following
condition:
1. Permits are required.
D. Sport Fishing. Fishing, frogging, and taking of turtles and
crawfish is permitted on designated areas of the refuge subject to
the following conditions:
1. Fishing and the taking of turtles and crawfish in accordance
with applicable state regulations.
2. Trotlines must be reset when receding water levels expose
them. The ends of
[[Page 31891]]
Trotlines must consist of a length of cotton line that extends from
the point of attachment into the water.
* * * * *
Dated: June 3, 1996.
George T. Frampton, Jr.,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 96-15130 Filed 6-20-96; 8:45 am]
BILLING CODE 4310-55-P
