[Federal Register Volume 61, Number 121 (Friday, June 21, 1996)]
[Proposed Rules]
[Pages 31901-31904]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-15291]
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DEPARTMENT OF THE INTERIOR
50 CFR Part 32
RIN 1018-AD82
Addition of Mandalay National Wildlife Refuge to the List of Open
Areas for Sport Fishing in Louisiana
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Proposed rule.
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[[Page 31902]]
SUMMARY: The U.S. Fish and Wildlife Service (Service) proposes to add
Mandalay National Wildlife Refuge to the list of areas open for 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 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 Mandalay National Wildlife Refuge to 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 Mandalay 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.
Mandalay National Wildlife Refuge
The Mandalay NWR is located 5 miles west of Houma, in south central
Louisiana. It contains 4,618 acres of freshwater marshes, bordering
swamps, upland ridges, oil field canals, and other bodies of water. The
refuge is bisected by the Gulf Intracoastal Waterway and bordered by
private marshes on three sides. Swamps, bottom land hardwoods and
agricultural (sugarcane) areas border the refuge to the north.
Parts of the project area are seasonally flooded by the Lower
Atchafalaya River and water is impounded in the marshes because
drainage is slow. High tides further complicate drainage. The area's
poor interior drainage has caused some changes in the vegetation, but
in general the existing plant communities remain essentially the same.
The refuge was established to preserve and protect freshwater
marshes in the Western Terrebonne Parish. The refuge is a top priority
wetland conservation project of the Gulf Coast Joint Venture of the
North American Waterfowl Management Plan. The refuge contains cypress-
tupelo swamp and numerous canals that are used by the petroleum
industry. It provides excellent habitat for water birds, other
migratory birds, white-tailed deer, furbearers and many other wildlife
species.
The primary purpose of the Mandalay NWR is to manage the area from
an ecosystem perspective for the benefit of migratory birds and other
wildlife. In order to meet specific refuge and other broader Service
directives, the following objectives have been established for Mandalay
NWR:
To provide the highest quality migratory bird habitat
possible;
[[Page 31903]]
To provide for the needs of endangered plants and animals;
To allow compatible public uses such as fishing, trapping,
wildlife observation and photography;
To promote research and restoration of wetland resources;
and
To provide opportunities for environmental education and
interpretation when possible.
The proposed sport fishing program is designed to contribute to or
be compatible with refuge objectives. It will provide high quality,
wildlife-dependent recreation to the general public and the opportunity
to utilize a renewable resource. It would also maintain fish
populations at optimum levels.
The species represented include largemouth bass, bluegill, red-ear
and other sunfishes, and channel catfish and are all capable of
sustaining fishing pressure. Areas that will support the fisheries
resources are limited to Lake Hatch, canals and ponds on the refuge.
Areas open to sport fishing would depend on migratory bird use
during the migration period. Resting and feeding areas will be closed
to fishing to protect migratory birds from disturbance during the
winter months. Other areas may be open to sport fishing throughout the
fishing season. An existing 1,972 acre private hunting and fishing
lease surrounds Lake Hatch and will be closed to public use until May
15, 2000.
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
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 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
Mandalay NWR results in the following: 500 fishermen are expected to
spend $20,500 annually in pursuit of their sport while 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 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 ``Mandalay
National Wildlife Refuge'' under the State of Louisiana.
3. Section 32.37 Louisiana is amended by adding in alphabetical
order Mandalay National Wildlife Refuge to read as follows:
Sec. 32.37 Louisiana.
* * * * *
Mandalay 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 subject to the
following conditions:
1. Refuge permits required (Free).
2. Any person entering, using or occupying the refuge must abide
by all terms and conditions set forth in the appropriate refuge
permit (brochure).
* * * * *
[[Page 31904]]
Dated: June 7, 1996.
George T. Frampton, Jr.,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 96-15291 Filed 6-20-96; 8:45 am]
BILLING CODE 4310-55-P
