[Federal Register Volume 61, Number 121 (Friday, June 21, 1996)]
[Proposed Rules]
[Pages 31893-31895]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-15292]
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DEPARTMENT OF THE INTERIOR
50 CFR Part 32
RIN 1018-AD85
Addition of Emiquon National Wildlife Refuge to the List of Open
Areas for Hunting and Sport Fishing in Illinois
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
Emiquon National Wildlife Refuge to the list of areas open for hunting
and sport fishing in Illinois 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 Emiquon National Wildlife Refuge to migratory
game bird hunting, upland game hunting, big game hunting 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
[[Page 31894]]
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 these openings are 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 Emiquon 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 fishing is compatible and
consistent with the primary purposes for which the refuge was
established. A brief description of the refuge program follows:
Emiquon National Wildlife Refuge
In 1993, the Emiquon National Wildlife Refuge, along the Spoon
River in Fulton County, Illinois, was established. When fully acquired,
the refuge could increase from its current 312 acres to 11,122 acres.
Historically, this segment of the Illinois River system was a vast
wetland complex composed of shallow marshes, bottomland forest,
backwater lake and upland habitats. Two backwater lakes, Thompson Lake
(1,800 acres) and Flag Lake (1,000 acres), occupied a former channel of
the Illinois River. They provided excellent habitat for migratory
birds, fish, and resident wildlife and were renowned for their
recreational opportunities. The large floodplain is a remnant of the
former course of the Mississippi River; the last glaciation blocked the
ancient Mississippi River between Rock Island and Princeton, Illinois,
and forced the Mississippi River to the west.
The refuge was acquired to protect, restore, and manage wetlands,
enhance waterfowl and other migratory bird habitat, protect habitat for
threatened and endangered wildlife, promote and preserve biodiversity,
and provide wildlife-dependent recreation and education. Allowing
hunting and fishing provides an opportunity that will facilitate the
revival of the Thompson Lake and Flag Lake wetland complex as a natural
area available for public use. Approximately 500,000 people live within
a one hour drive of the refuge.
Currently, the refuge is held in the public domain, and is governed
by a number of public laws which encourage recreational use of the
lands. The refuge is managed as part of the Illinois River National
Wildlife and Fish Refuges. Refuge objectives include:
Provide resting, feeding, nesting, and migration habitat
for waterfowl and other birds;
Protect, restore, and manage wetlands, bottomland forests
and backwater lake habitat in support of the North American Waterfowl
Management Plan and the National Wetlands Priority Conservation Plan;
Restore, protect, and manage backwater lake habitat to
create and maintain high quality fisheries habitat capable of
supporting a self-sustaining, balanced fish community in support of the
Illinois River fisheries resource;
Promote natural biological diversity through the
protection, restoration, and management of a backwater lake, bottomland
forest, and floodplain wetland complex;
Protect bald eagles and other endangered and threatened
species and their habitats, and;
Increase public opportunities for outdoor recreation,
interpretation, and environmental education that are compatible with
the preceding purposes.
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.
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 urban/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
[[Page 31895]]
hunters $20, and migratory bird hunters $33.
Applying these national averages to projected visitation at Emiquon
NWR results in the following: 600 fishermen are expected to spend
$24,600 annually in pursuit of their sport, while an estimated 400
hunters will spend $13,200 annually while 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, 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 making preliminary arrangements with
the primary author.
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 ``Emiquon
National Wildlife Refuge'' under the State of Illinois.
3. Section 32.32 Illinois is amended by adding in alphabetical
order Emiquon National Wildlife Refuge to read as follows:
Sec. 32.32 Illinois.
* * * * *
Emiquon 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 conditions.
B. Upland Game Hunting. Hunting of upland game is permitted on
designated areas of the refuge subject to posted conditions.
C. Big Game Hunting. Hunting of big game is permitted on
designated areas of the refuge subject to posted conditions.
D. Sport Fishing. Sport fishing is permitted on designated areas
of the refuge subject to the following conditions:
1. Sport fishing is allowed on all refuge waters during daylight
hours from January 15, through October 15.
2. Private boats may not be left in refuge waters overnight.
3. Motorboats are restricted to slow speed/minimum wake.
* * * * *
Dated: June 7, 1996.
George T. Frampton, Jr.,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 96-15292 Filed 6-20-96; 8:45 am]
BILLING CODE 4310-55-P
