[Federal Register Volume 61, Number 121 (Friday, June 21, 1996)]
[Proposed Rules]
[Pages 31895-31897]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-15132]
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DEPARTMENT OF THE INTERIOR
50 CFR Part 32
RIN 1018-AD86
Addition of Patoka River National Wildlife Refuge and Management
Area to the List of Open Areas for Hunting and Sport Fishing in Indiana
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
Patoka River National Wildlife Refuge and Management Area to the list
of areas open for hunting and sport fishing in Indiana 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 a national wildlife refuge.
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 Patoka River National Wildlife Refuge and
Management Area to hunting migratory 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
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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.
Hunting and sport fishing plans are developed for each existing
refuge prior to opening it to hunting or fishing. 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 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: a hunting and fishing management
plan; an environmental assessment; a Finding of No Significant Impact
(FONSI); a Section 7 evaluation or statement, pursuant to the
Endangered Species Act, that this opening is not likely to adversely
affect a listed species or critical habitat; a letter of concurrence
from the affected State; 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 Patoka River National
Wildlife Refuge and Management Area to hunting and sport 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.
Patoka River National Wildlife Refuge and Management Area
Patoka River National Wildlife Refuge and Management Area is
located in Southwestern Indiana. The Refuge portion of the project
encompasses 6,800 acres. The area designated as Wildlife Management
Area includes 15,283 acres, for a total project size of 22,083 acres.
Since the area to be opened for hunting and fishing is presently
less than 2,000 acres, the anticipated hunter and angler use will be
small, probably consisting of approximately 300-500 use days per year.
Use will likely increase as additional areas are purchased and made
available. The following are hunting and fishing objectives for the
refuge:
To open lands to compatible recreational hunting as soon
as sufficient land has been acquired and biological data collected to
properly manage wildlife populations;
To open all suitable lands to compatible waterfowl
hunting, other than those lands needed to provide essential sanctuary;
To open lands to all forms of compatible traditional
resident game hunting after coordination with the Indiana Division of
Fish and Wildlife;
To assure, either spatially or chronologically, that
hunting use and general public use do not conflict or encroach upon
each other;
To allow compatible sport fishing within the framework of
Indiana Division of Fish and Wildlife regulations, subject to
additional regulation by the Service;
To encourage additional compatible use of the Patoka
River's fisheries resources by providing increased/improved access to
the river and its oxbows.
The hunting and fishing program is in direct support of the refuge
objective to increase public opportunities for outdoor recreation by
providing 300 to 500 use days immediately. As more land is acquired
these figures will increase accordingly. All proposed hunting and
fishing will be in accordance with state seasons and regulations.
Predominate waterfowl of the area are Canada geese, mallards and
wood ducks, however, other species common to the flyway also occur at
the site. Federal and State regulations permit hunting to utilize
harvestable surpluses of resident game and migratory birds and to
tailor harvest opportunities to local management needs. These
regulations permit harvests that are consistent with the well being of
waterfowl and game animal populations that utilize the area. A major
priority on the refuge is the re-establishment of native hardwood
trees. The harvest of white-tailed deer and cottontail rabbit, however
small, can improve seedling survival and growth. As refuge land
ownership increases, this harvest may become an increasingly important
component of the reforestation strategy.
Fish populations in refuge waters are healthy and can support
recreational fishing at least to levels that occurred prior to Service
acquisition. Surveys of the Patoka River in conjunction with
preparation of the environmental impact statement verified that
populations of fish most often targeted by sport fishermen are
sufficient to sustain a recreational fishery. Allowing sport fishing in
refuge waters will not inhibit other priority refuge objectives.
Orientation will be facilitated by the use of a hunting regulation
leaflet with a map delineating areas open for hunting and fishing.
These are available at refuge headquarters and posted at field
locations near traditional parking areas. The Service will update the
leaflets as new lands are acquired and approved for inclusion into the
hunting and fishing program. Because of the patchwork land
characteristics of newly established refuges, the public will be
apprised of the need to obtain landowner permission when refuge lands
are landlocked and lack public access.
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 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 proposed rule
would have a positive effect on such entities;
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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 fishing and hunting 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 Patoka
River NWR results in the following: 500 fisherman are expected to spend
$20,500 annually in pursuit of their sport, while an estimated 500
hunters will spend $16,500 annually hunting on the refuge. While many
of these fishermen already made such expenditures prior to the refuge
opening, minor amounts of these additional expenditures are due
directly to the land now being open to the general public.
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
although the rulemaking would increase visitation and expenditures in
the surrounding area of the refuge, it 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 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 the proposed action is not likely to adversely 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 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 20240, 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 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.
Sec. 32.7 [Amended]
2. Section 32.7 List of refuge units open to hunting and/or fishing
is amended by adding the alphabetical listing of ``Patoka River
National Wildlife Refuge and Management Area'' under the State of
Indiana.
3. Section 32.33 Indiana is amended by adding in alphabetical
order Patoka River National Wildlife Refuge to read as follows:
Sec. 32.33 Indiana.
* * * * *
Patoka River National Wildlife Refuge
A. Hunting of Migratory Game Birds. Hunting of migratory game
birds is permitted on designated areas of the refuge subject to
posted regulations.
B. Upland Game Hunting. Upland game hunting is permitted on
designated areas of the refuge subject to posted regulations.
C. Big Game Hunting. Big game hunting is permitted on designated
areas of the refuge subject to posted regulations.
D. Sport Fishing. Fishing is permitted on designated areas of
the refuge subject to posted regulations.
Dated: June 3, 1996.
George T. Frampton, Jr.,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 96-15132 Filed 6-20-96; 8:45 am]
BILLING CODE 4310-55-P
