[Federal Register Volume 60, Number 134 (Thursday, July 13, 1995)]
[Proposed Rules]
[Pages 36200-36202]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-17191]
[[Page 36199]]
_______________________________________________________________________
Part V
Department of the Interior
_______________________________________________________________________
Fish and Wildlife Service
_______________________________________________________________________
50 CFR Part 32
Addition of Deep Fork National Wildlife Refuge to the List of Open
Areas for Sport Fishing in Oklahoma; Proposed Rule
Federal Register / Vol. 60, No. 134 / Thursday, July 13, 1995 /
Proposed Rules
[[Page 36200]]
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 32
RIN 1018-AD27
Addition of Deep Fork National Wildlife Refuge to the List of
Open Areas for Sport Fishing in Oklahoma
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
Deep Fork National Wildlife Refuge to the list of areas open for sport
fishing in Oklahoma 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 September 11, 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 Deep Fork 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 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
Director 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 management plan for
recreational fishing; an environmental assessment; a Finding of No
Significant Impact (FONSI); a Section 7 statement, pursuant to the
Endangered Species Act, that this opening is not likely to adversely
affect a listed species or its critical habitat; and refuge-specific
regulations to administer the fishing program. From a review of the
totality of these documents, it has been determined that the opening of
the Deep Fork National Wildlife Refuge to sport fishing 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, it has been also
determined that this opening for sport fishing is compatible and
consistent with the primary purposes for which the refuge was
established. A brief description of the fishing program is as follows:
Deep Fork National Wildlife Refuge
The legislature of Oklahoma passed H.B. 1904 on May 17, 1990,
authorizing the Fish and Wildlife Service (Service) to acquire and
develop a national waterfowl refuge in Okmulgee County, Oklahoma.
Accordingly, Deep Fork National Wildlife Refuge was established on June
30, 1993, under the authority of the Emergency Wetlands Resources Act
of 1986 (P.L. 99-645, 100 Stat. 3582). The refuge acreage totals 6,801
currently; however, an established acquisition boundary would
eventually include 16,104 acres. The refuge is located along the Deep
Fork River in Oklahoma. Recognized as a nationally important ecosystem,
the Deep Fork River is listed in the Lower Mississippi Valley Joint
Venture of the North American Waterfowl Management Plan (NAWMP) as an
area of wetland habitat critical to the waterfowl of the Central
Flyway.
Acquisition of refuge land is supported by the Eastern Oklahoma
Wetlands Plan which is Oklahoma's implementation plan for the NAWMP.
The Deep Fork River is also one of 17 priority-one sites listed in the
1985 Texas and Oklahoma Land Protection Plan. It has also been
identified as the number one wetland site in Oklahoma in the Regional
Wetlands Concept Plan.
The purposes of the refuge are to contribute to the conservation of
the wetlands of the Nation in order to maintain the public benefits
they provide and to help fulfill international obligations contained in
various migratory bird treaties and conventions. (16 U.S.C.
3901(b))(Emergency Wetlands Resources Act of 1986).
The Deep Fork National Wildlife Refuge is located in the Deep Fork
River Basin, upstream from Eufaula Reservoir. The majority of the area
contains palustrine forested wetlands. Bottomland hardwood forests
occur along the Deep Fork River and the many creeks which enter it.
Scrub-shrub wetlands occur in the overflow areas. The uplands have
deciduous forest composed primarily of post oak and blackjack. Numerous
sloughs exist along the river channel. Some of the sloughs exceed four
feet in depth.
The numerous wetlands along the Deep Fork River are rich in
diversity of wildlife. A total of 147 species of birds (8 game and 139
non-game) occur in the bottomland forest and the associated wetlands.
The sloughs and open wetlands support great blue herons, little blue
herons, and snowy egrets. Raptors, woodpeckers, and passerine birds
utilize the area. The bald eagle is the only known endangered species
to occur on the area. Fifty-one species of mammals have been recorded
in the Deep Fork Basin. Furbearer populations are considered to be
among the highest in the State. The Deep Fork River
[[Page 36201]]
provides feeding and spawning habitat for a variety of fish native to
east central Oklahoma. Channel catfish, blue catfish, flathead catfish,
crappie, white bass, and largemouth bass are the most important
economically. Carp are common in the river. Carp and catfish are also
found in the sloughs and wetlands along the river as a result of
floods.
Sport fishing was addressed in the environmental assessment for
land acquisition as a desirable activity and was listed in the Oklahoma
legislation authorizing the Service to establish the refuge. Opening
the area to sport fishing will aid in meeting the general refuge
objective of wildlife oriented recreation. There is significant demand
in the local community for sport fishing, and it is anticipated that
there would be approximately 3,500 use-days of sport fishing annually
at the refuge.
It is proposed that bank fishing be allowed on the refuge year-
round. Fishing would be permitted on the sloughs separated from the
river from March 1 through September 30 with pole and line only. The
use of firearms would be prohibited. The public would be allowed to
bank fish along the Deep Fork River within the refuge boundary. They
would also be permitted to launch small boats. Improved boat ramps
would not be available. Only small hand-powered boats or canoes would
be launched from the bank. Signs would be placed at major access points
showing the fishing regulations. In addition, maps and printed refuge-
specific regulations would be available. The refuge views this initial
sport fishing program as ``interim,'' as further acquisition within the
refuge boundary will require revisions to the plan in the future.
Target species will include channel catfish, flathead catfish, blue
catfish, crappie, white bass, and largemouth bass. The Oklahoma
Department of Wildlife Conservation has established daily possession
limits and means of taking to protect individual species. Refuge-
specific regulations, as proposed, are consistent with state
regulations which will be observed on the refuge.
Opening the refuge to fishing has been found to be compatible in a
separate compatibility determination. The fishing program will be
reviewed, as appropriate, to ensure 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 fishing program.
The Service has determined that there would be sufficient funds to
administer the proposed fishing program. Sufficient funds would be
available within the refuge unit budget to operate such a fishing
program 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. While the proposed fishing
program could increase the fishing licenses purchased and boost sales
of fishing gear and tackle, the impact would not be considered
significant as other surrounding areas are, also, open to fishing and
the addition of the refuge to fishing waters would be only
proportionally relevant to small entities. Therefore, 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 Assessment, 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 List of refuge units open to hunting and/or fishing.
2. Section 32.7 List of refuge units open to hunting and/or fishing
is amended by adding the alphabetical listing of ``Deep Fork National
Wildlife Refuge'' under the state of Oklahoma.
3. Section 32.55 Oklahoma is amended by adding the alphabetical
listing of Deep Fork National Wildlife Refuge to read as follows:
Sec. 32.55 Oklahoma.
* * * * *
Deep Fork National Wildlife Refuge
A. Hunting of Migratory Game Birds. [Reserved.]
B. Upland Game Hunting. [Reserved.]
C. Big Game Hunting. [Reserved.]
[[Page 36202]]
D. Sport Fishing. Sport fishing for channel catfish, flathead
catfish, blue catfish, crappie, white bass, and large mouth bass is
permitted on designated areas of the refuge pursuant to the
following conditions:
1. Bank fishing is permitted year-round on the Deep Fork River.
Bank fishing with pole and line is permitted from March 1 through
September 30 on the sloughs separated from the Deep Fork River.
2. Boats may be launched on the refuge from access points
designated in the refuge leaflet. Only small boats or canoes will be
permitted.
3. The use of firearms is prohibited.
* * * * *
Dated: June 12, 1995.
George T. Frampton, Jr.,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 95-17191 Filed 7-12-95; 8:45 am]
BILLING CODE 4310-55-P
