[Federal Register Volume 61, Number 121 (Friday, June 21, 1996)]
[Proposed Rules]
[Pages 31891-31893]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-15290]
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DEPARTMENT OF THE INTERIOR
50 CFR Part 32
RIN 1018-AD80
Addition of Bald Knob 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
Bald Knob 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.
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 Bald Knob 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. 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 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 Bald Knob 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.
In accordance with the NWRSAA and the RRA, the Secretary also has
determined that this opening for hunting and sport fishing is
compatible and consistent with the primary purposes for which the
refuge was established and that sufficient funds are available to
conduct the activity. A brief description of the refuge program
follows.
Bald Knob National Wildlife Refuge
Bald Knob National Wildlife Refuge was established on September 22,
1993. The initial purchase was the first of an accepted multi-year
purchase of 12,940 acres from John Hancock Mutual Life Insurance
Company. The refuge is located in White County, Arkansas, southwest of
Bald Knob, Arkansas. The refuge is bordered by the Little Red River and
is adjacent to the state-owned Hurricane Wildlife Management Area. This
protected corridor of wetlands is strategically located in the
Mississippi Flyway and has been identified as a high priority site of
the North American Waterfowl Management Plan. The area has historically
wintered large concentrations of waterfowl and is
[[Page 31892]]
recognized as a major concentration area for wintering pintails in
Arkansas.
Prior to acquisition by the Service, consistent winter flood
regimes did not exist. Emphasis was placed on maintenance of drainage
systems, water control structures, and levee construction/maintenance
to maximize farming opportunities. These intensive agricultural
practices on the area were generally conducted at times or in a manner
that impacts were generally negative or marginally beneficial to the
wildlife resource.
The refuge is located in the Mississippi Alluvial Valley Ecosystem
and historically consisted of bottomland hardwood forests and
associated forested wetland wildlife species. Only remnants of the
bottomland hardwood forests exist today with the majority of the refuge
properties being composed of open agricultural fields. Approximately
12,700 acres of the proposed 14,000 acre refuge consists of open farm
fields. The remaining acreage consists of sloughs and forested habitat
types. Although the refuge consists primarily of open land, it is
utilized by a variety of resident and non-resident wildlife species,
including white-tailed deer, coyote, beaver, mink, muskrat, raccoon,
rabbit, waterfowl, and neo-tropical songbirds. The refuge also is
utilized by bald eagles, peregrine falcons, marsh hawks, red-tailed
hawks, barred owls and a host of other raptors, especially during the
winter months. In addition, aquatic habitats of the refuge support a
variety of indigenous fresh water fish, reptiles, amphibians, and fresh
water mussel species.
Refuge hunting and fishing plans have been developed to ensure the
associated public recreation and wildlife management objectives are met
in a responsible and consistent manner. The primary purpose of the
refuge is to preserve wintering habitat for waterfowl. Bald Knob NWR is
administered as part of the Cache River NWR and any operational plans
developed for Bald Knob NWR will be under the umbrella and guidance of
the Comprehensive Management Plan for the Cache/Lower White Rivers
Ecosystem. The goals identified in this plan are:
To provide continued public use opportunity, which is not
incompatible with restoration and/or conservation of ecosystem function
or legal mandates; and
To actively promote and encourage public use, which
facilitates ecosystem functional restoration and management.
In keeping with the intent of this goal the following objectives
for the Bald Knob NWR were developed:
To provide and maintain optimum habitat for migratory
waterfowl;
To provide habitat and protection for endangered species;
To provide for a natural diversity of wildlife species;
and
To provide opportunities for wildlife-oriented recreation
and environmental education when compatible with other refuge
objectives.
The objectives for the refuge hunting and fishing programs are as
follows:
To provide the general public with a quality wildlife-
oriented recreational experience and an opportunity to utilize a
renewable natural resource; and
To maintain wildlife populations at levels compatible with
the refuge habitat.
Hunting and fishing was a traditional recreational use of the
refuge property prior to inclusion into the refuge system. Hunting and
fishing are also very popular recreational pursuits with the local
public. However, opportunities have become very limited in the
surrounding area because of the posting of private land, expansion of
private leases, and a significant decline in available habitat. Refuge
hunting and fishing will provide much needed opportunities in this
area. The development of refuge regulations, zoning, and other
management will be designed to promote a quality outdoor experience
with reasonable harvest opportunities and uncrowded conditions.
Paperwork Reduction Act
The Service has examined this regulation under the Paperwork
Reduction Act of 1995 and has found it 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.
The 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. 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 Bald
Knob NWR results in the following: 300 fishermen are expected to spend
$12,300 annually in pursuit of their sport, while an estimated 200
hunters will spend $6,600 annually hunting 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
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
[[Page 31893]]
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.
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 alphabetically adding the listing ``Bald Knob
National Wildlife Refuge'' under the State of Arkansas.
3. Section 32.23 Arkansas is amended by adding in alphabetical
order Bald Knob National Wildlife Refuge to read as follows:
Sec. 32.23 Arkansas.
* * * * *
Bald Knob National Wildlife Refuge
A. Hunting of Migratory Game Birds. Hunting of migratory game
birds is permitted on designated areas of the refuge subject to the
following condition:
1. Permits are required.
B. Upland Game Hunting. Hunting of upland game is permitted on
designated areas of the refuge subject to the following condition:
1. Permits are required.
C. Big Game Hunting. Hunting of big game is permitted on
designated areas of the refuge subject to the following condition:
1. Permits are required.
D. Sport Fishing. Fishing and frogging are permitted on
designated areas of the refuge subject to the following conditions:
1. Fishing and frogging is permitted only during published
refuge open seasons and in accordance with refuge regulations.
2. All applicable state fishing and frogging regulations must be
adhered to.
* * * * *
Dated: June 7, 1996.
George T. Frampton, Jr.,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 96-15290 Filed 6-20-96; 8:45 am]
BILLING CODE 4310-55-P
