[Federal Register Volume 60, Number 111 (Friday, June 9, 1995)]
[Proposed Rules]
[Pages 30686-30687]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-14154]
[[Page 30685]]
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Part II
Department of the Interior
_______________________________________________________________________
Fish and Wildlife Service
_______________________________________________________________________
50 CFR Part 32
Cape May National Wildlife Refuge; Addition to the List of Open Areas
for Hunting in New Jersey; Proposed Rule
Federal Register / Vol. 60, No. 111 / Friday, June 9, 1995 / Proposed
Rules
[[Page 30686]]
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 32
RIN 1018-AD03
Addition of Cape May National Wildlife Refuge to the List of Open
Areas for Hunting in New Jersey
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
Cape May National Wildlife Refuge to the list of areas open for big
game hunting in New Jersey 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 wildlife management, and is otherwise in the
public interest by providing additional recreational opportunities of a
renewable natural resource.
DATES: Comments may be submitted on or before August 8, 1995.
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: Duncan L. Brown, Esq., at the address
above; Telephone: 703-358-1744.
SUPPLEMENTARY INFORMATION: National wildlife refuges are generally
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 must
also be in accordance with provisions of all laws applicable to the
areas, must be consistent with the principles of sound wildlife
management, and must otherwise be in the public interest. This
rulemaking proposes to open Cape May National Wildlife Refuge to big
game (white-tailed deer) hunting.
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 60-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 of 1966, as
amended (NWRSAA) (16 U.S.C. 668dd), and the Refuge Recreation Act of
1962 (RRA) (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 to permit the use of any areas within
the National Wildlife Refuge System (Refuge System) for any purpose,
including but not limited to hunting, fishing, public recreation and
accommodations, and access, when he determines that such uses are
compatible with the purposes for which each refuge was established. The
Service administers the Refuge System on behalf of the Secretary. The
RRA gives the Secretary additional authority to administer refuge 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 purposes for which the refuges
were established.
Opening Package
In preparation for this opening, the refuge unit has included in
its ``openings package'' for Regional review and approval from the
Washington Office the following documents: a hunting/fishing 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
States; and refuge-specific regulations to administer the hunts. From a
review of the totality of these documents, the Secretary has determined
that the opening of the Cape May National Wildlife Refuge to big game
hunting is compatible with the principles of sound wildlife management
and will otherwise be in the public interest.
In accordance with the NWRSAA and the RRA, the Secretary has also
determined that this opening for big game hunting is compatible and
consistent with the primary purposes for which the refuge was
established. The Secretary has also determined that funds are available
to administer the programs. A brief description of the hunting program
is as follows:
Cape May National Wildlife Refuge
The Cape May National Wildlife Refuge was established
administratively on January 20, 1989, under the authority of the Fish
and Wildlife Act of 1956 (16 U.S.C. 742a-742j; 70 Stat. 1119), as
amended. The broad purposes of the refuge are for the development,
advancement, management, conservation, and protection of fish and
wildlife resources and for the benefit of the United States Fish and
Wildlife Service, in performing its activities and services. There are
approximately 16,700 acres within the approved refuge acquisition
boundary. The Fish and Wildlife Service (Service) has already purchased
approximately 6,700 acres of the acquisition area. The refuge is
located in the Townships of Middle, Dennis and Upper in Cape May
County, New Jersey. The refuge is divided into two approximately equal
divisions: The Great Cedar Swamp Division and the Delaware Bay
Division. The topography of the refuge is typical of the coastal areas
of New Jersey, where uplands taper gradually to a wide band of
saltmarsh. There are 22 major vegetation types found on the refuge.
These communities include mixed hardwood swamps, oak/pine forests,
Atlantic white cedar swamps, and estuarine communities dominated by
Spartina patens, and saltmarsh cordgrass.
The unique configuration and location of Cape May attracts flocks
of raptors, songbirds and woodcock. The refuge supports a variety of
animal life, including approximately 317 species of birds, 42 species
of mammals, 55 species of reptiles and amphibians, and numerous species
of fish, shellfish, and other invertebrates. Furbearers of economic
importance inhabiting the area include otter, muskrat, and raccoon.
Small mammals such as shorttail shrews and white-footed mice are common
in upland fields and shrub habitat. Gray and red foxes are also common.
State deer biologists estimate a deer density of approximately 18
deer per square mile in Cape May County's Deer Management Zone (DMZ)
34, of which the refuge is a part. The deer population appears to have
increased since 1981 with a corresponding increase in farmer
complaints. The number of complaints has risen from 4 in 1990 to 12 in
1993. Crop depredation permitted kills have increased from 9 in 1990 to
36 in 1993. In order to address the below average herd health indices,
and to reduce deer complaints in DMZ 34, the short term goal of the New
Jersey Division of Fish, Game and Wildlife is to reduce the herd by
approximately 20 percent. There are [[Page 30687]] no data on the
number of hunters who have used the area within the refuge acquisition
area in the past. However, the refuge estimates the annual visitation
for deer hunting is less than 500 visits.
Based on the patrols that refuge law enforcement officers have made
during the last two firearms deer hunting seasons, hunting pressure on
white-tailed deer within the refuge boundary is low.
The sport hunting program will be monitored by refuge personnel,
and conducted according to New Jersey Department of Environmental
Protection, Division of Fish, Game and Wildlife deer hunt regulations.
Opening the refuge to big game hunting has been found to be
compatible in a separate compatibility determination. The hunting
program will be reviewed annually to ensure that a harvestable surplus
of animals exist, and that sensitive habitats are protected from
disturbance. A Section 7 evaluation pursuant to the Endangered Species
Act was conducted. It was 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. Pursuant
to the National Environmental Policy Act (NEPA), an environmental
assessment was made and a Finding of No Significant Impact (FONSI) was
made regarding the hunt. During the preparation of the environmental
assessment, biologists and management personnel within the New Jersey
Division of Fish, Game and Wildlife were consulted. Comments were
solicited from the public during the draft environmental assessment
phase. Articles on this assessment were carried in the local newspapers
and sent to Federal, State and local legislators and conservation
groups.
The Service has determined that there would be sufficient funds to
administer the proposed hunt. Sufficient funds would be available
within the refuge unit budget to operate such a hunt as proposed.
Paperwork Reduction Act
The information collection requirements for part 32 are found in 50
CFR part 25 and have been approved by the Office of Management and
Budget under 44 U.S.C. 3501 et seq. and assigned clearance number 1018-
0014. The information is being collected to assist the Service in
administering these programs in accordance with statutory authorities
which require that recreational uses be compatible with the primary
purposes for which the areas were established. The information
requested in the application form is required to obtain a benefit.
The public reporting burden for the application form is estimated
to average six (6) minutes per response, including time for reviewing
instructions, gathering and maintaining data, and completing the form.
Direct comments on the burden estimate or any other aspect of this form
to the Service Information Collection Officer, U.S. Fish and Wildlife
Service, 1849 C Street, NW, MS 224 ARLSQ, Washington, DC 20240; and the
Office of Management and Budget, Paperwork Reduction Project (1018-
0014), Washington, DC 20503.
Economic Effect
This rulemaking was not subject to Office of Management and Budget
review under Executive Order 12866. In addition, a review under the
Regulatory Flexibility Act of 1980 (5 U.S.C. 601 et seq.) has revealed
that the rulemaking would not have a significant effect on a
substantial number of small entities, which include businesses,
organizations or governmental jurisdictions. This proposed rule would
have minimal effect on such entities.
Federalism
This proposed rule will not have substantial direct effects on the
States, on the relationship between the national government and the
States, or on the distribution of power and responsibilities among the
various levels of government. Therefore, in accordance with Executive
Order 12612, it is determined that this rule does not have sufficient
Federalism implications to warrant the preparation of a Federalism
Assessment.
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 has been prepared for this opening. Based upon
the Environmental Assessments, the Service issued a Finding of No
Significant Impact with respect to the opening. A Section 7 evaluation
was prepared pursuant to the Endangered Species Act with a finding that
no adverse impact would occur to any identified threatened or
endangered species.
Primary Author
Duncan L. Brown, Esq., Division of Refuges, U.S. Fish and Wildlife
Service, Washington, DC, is the primary author of this rulemaking
document.
List of Subjects in 50 CFR Part 32
Hunting, Fishing, 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 set forth below:
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 ``Cape May National
Wildlife Refuge'' under the state of New Jersey.
3. Section 32.49 New Jersey is amended by adding the alphabetical
listing of Cape May National Wildlife Refuge to read as follows:
Sec. 32.49 New Jersey.
* * * * *
Cape May National Wildlife Refuge
A. Hunting of Migratory Game Birds. [Reserved]
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
condition: During the firearms big game season, hunters must wear,
in a conspicuous manner on head, chest and back, a minimum of 400
square inches of solid-colored hunter orange clothing or material.
D. Sport Fishing. [Reserved]
* * * * *
Dated: May 20, 1995.
George T. Frampton, Jr.,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 95-14154 Filed 6-8-95; 8:45 am]
BILLING CODE 4310-55-P
