[Federal Register Volume 61, Number 121 (Friday, June 21, 1996)]
[Proposed Rules]
[Pages 31897-31899]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-15137]
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DEPARTMENT OF THE INTERIOR
50 CFR Part 32
RIN 1018-AD79
Addition of Big Branch Marsh National Wildlife Refuge to the List
of Open Areas for Hunting and Sport Fishing in Louisiana
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
Big Branch Marsh National Wildlife Refuge to the list of areas open for
hunting and sport fishing in Louisiana 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
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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 Big Branch Marsh National
Wildlife Refuge to hunting of migratory game birds, 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. 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 fishing and hunting programs. Upon review of these documents, the
Secretary has determined that the opening of the Big Branch Marsh
National Wildlife Refuge 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.
Big Branch Marsh National Wildlife Refuge
Big Branch Marsh National Wildlife Refuge, established on September
30, 1994, includes lands and waters located in St. Tammany Parish,
Louisiana. Big Branch Marsh NWR objectives are to:
Provide habitat for a natural diversity of wildlife
associated with Big Branch Marsh;
Provide wintering habitat for migratory waterfowl;
Provide nesting habitat for wood ducks;
Provide habitat for non-game migratory birds; and
Provide opportunities for public outdoor recreation, such
as hunting, fishing, hiking, birdwatching, and environmental education
and interpretation, whenever they are compatible with the purposes for
the refuge.
The refuge management program has centered on basic resource
protection and management through law enforcement and forest habitat
management. Establishing a public hunting and fishing program on the
refuge will provide for the continuation of traditional uses of refuge
lands.
St. Tammany Parish has experienced tremendous population growth in
recent years with a fifty percent increase in rural growth during the
last decade alone. This continuing growth has resulted in a high demand
for outdoor recreational opportunities on public lands.
The Service proposes to open the refuge to recreational hunting and
sport fishing under conditions set forth in the refuge hunting and
fishing plans and in accordance with state regulations and refuge
specific regulations.
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 within commuting distance to a large
metropolitan area. 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 slight positive effect on such
entities; however, the amount of revenue generated is not large.
Many area residents enjoy a rural to urban 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
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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 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 Big
Branch Marsh NWR results in the following: 20,000 fisherman are
expected to spend $820,000 annually in pursuit of their sport, while an
estimated 1,000 hunters will spend $35,000 annually hunting on the
refuge. While many of these fishermen and hunters already make such
expenditures prior to the refuge opening, minor amounts of these
additional expenditures are directly due 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 only slightly 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 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 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.
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 ``Big Branch
Marsh National Wildlife Refuge'' under the State of Louisiana.
3. Section 32.37 Louisiana is amended by adding in alphabetical
order Big Branch Marsh National Wildlife Refuge to read as follows:
Sec. 32.37 Louisiana.
* * * * *
Big Branch Marsh National Wildlife Refuge
A. Hunting of Migratory Game Birds. Hunting of ducks, coots, and
snow geese is permitted on designated areas of the refuge subject to
the following conditions:
1. Permits are required.
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. Permits are required.
D. Sport Fishing. Fishing is permitted on designated areas of
the refuge subject to the following conditions:
1. Fishing is permitted during daylight hours only.
2. Only the use of rod and reel or pole and line is permitted.
3. The use of trotlines, slat traps and nets is prohibited.
4. The use of boats and motors larger than 25 horsepower is not
permitted.
5. Air-thrust boats, motorized pirogues, go-devils, and mud
boats are not permitted in refuge waters.
* * * * *
Dated: June 3, 1996.
George T. Frampton, Jr.,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 96-15137 Filed 6-20-96; 8:45 am]
BILLING CODE 4310-55-P
