[Federal Register Volume 59, Number 135 (Friday, July 15, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-17267]


[[Page Unknown]]

[Federal Register: July 15, 1994]


_______________________________________________________________________

Part VII





Department of the Interior





_______________________________________________________________________



50 CFR part 32




Addition of Two National Wildlife Refuges to the List of Open Areas for 
Hunting and Pertinent Refuge-Specific Regulations; Proposed Rule
DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 32

RIN 1018-AC58

 
Addition of Two National Wildlife Refuges to the List of Open 
Areas for Hunting and Pertinent Refuge-Specific Regulations; Closure of 
Two National Wildlife Refuges to Big Game Hunting and Sport Fishing, 
Respectively

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: The U.S. Fish and Wildlife Service (Service) proposes to add 
two national wildlife refuges (NWR(s)) to the list of areas open for 
migratory game bird hunting, upland game hunting, and/or big game 
hunting and pertinent refuge-specific regulations for those activities. 
The Service has determined that such uses will be compatible with and, 
in some cases, enhance the purposes for which each 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. In addition, two national wildlife refuges 
will be closed to big game hunting and sport fishing, respectively.

DATES: Comments may be submitted on or before September 13, 1994.

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, and that funds are 
available for development, operation, and maintenance of a hunting or 
fishing program. 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 two refuges to 
hunting. The hunting programs included in this openings document have 
refuge-specific hunting regulations which are included in this 
rulemaking.
    In addition, two refuges now open will be closed to big game 
hunting and sport fishing, respectively. Big game hunting, specifically 
deer hunting, will not be permitted at Columbia National Wildlife 
Refuge in Washington State. This decision was prompted by monitoring of 
the species, habitat status, and Service and public safety and health 
concerns. The refuge will be appropriately posted for this closure. 
Sport fishing will not be permitted at Delevan National Wildlife Refuge 
in California. This decision was prompted by a request by the Maxwell 
Irrigation District to close the area to fishing since chain, locks, 
and tension rods on their water control were cut, apparently to gain 
access across one of the drain canals. In addition to this concern, the 
refuge made the determination that the fishery resource was not of 
high-quality and the water quality in the drain canal was questionable. 
The area has a few regular anglers, but it is estimated that only 25 
anglers would be significantly impacted by this closure.

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. In addition, prior to opening refuges to hunting or 
fishing under this Act, the Secretary is required to determine that 
funds are available for the development, operation, and maintenance of 
the permitted forms of recreation.

Openings Packages

    In preparation for these openings, the refuge units have included 
in their ``openings packages'' 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), or an Environmental Impact Statement and Record of Decision; 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, as provided herein. From a 
review of the totality of these documents, and for each refuge unit 
specifically, the Secretary determines that the opening of the areas to 
hunting are 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 these openings for hunting are compatible and 
consistent with the primary purposes for which each of the refuges 
listed below was established, and that funds are available to 
administer the programs. The hunting programs will be generally within 
State and Federal (migratory game bird) regulatory frameworks. A brief 
description of the hunting programs follows:

1. Rydell National Wildlife Refuge

    The Service proposes to open Rydell National Wildlife Refuge to the 
hunting of white-tailed deer. Rydell was established in 1992 to 
preserve and enhance important wildlife habitat in western Minnesota 
and provide a regional wildlife and fish management education center. 
The 2,120-acre refuge is located in Grove Park and Woodside Townships 
in Polk County, just south of U.S. Highway 2 between the communities of 
Mentor and Erskine, Minnesota. The refuge is situated in the Prairie 
Pothole Region of western Minnesota between the flat Red River Valley 
flood plain on the west and the rolling hardwood forest and lake region 
on the east. The refuge is administered as a unit of the Detroit Lakes 
Wetland Management District (DLWMD). The DLWMD, which has its 
headquarters near Detroit Lakes, Minnesota, also currently administers 
155 Waterfowl Production Areas, 322 perpetual wetland easements and 14 
Farmers' Home Administration (FmHA) Conservation Easements in the five 
northwestern Minnesota counties of Becker, Clay, Mahnomen, Norman and 
Polk. Diverse habitat on the refuge attracts an impressive variety and 
abundance of wildlife. Besides a large white-tailed deer population, 
refuge habitat is used by both dabbler and diver waterfowl species, 
moose, mink, ruffed grouse, cormorants, herons, rabbits, raccoon, 
otter, beaver, muskrat, various hawk and owl species, and more than 100 
neotropical, water and other migratory bird species.
    Opening the refuge to the hunting of white-tailed deer has been 
found to be compatible in a separate compatibility determination. This 
finding was based on findings that (1) hunting is widely recognized by 
wildlife managers as an integral part of a comprehensive wildlife 
conservation management plan; (2) the deer population of the refuge and 
surrounding area has become so large that habitat damage and excessive 
crop depredation is occurring; (3) reducing the deer population would 
improve the health and condition of the deer herd, eliminate the 
damaging effects of over-population on refuge habitat and reduce the 
depredation damage caused by deer on crops that surround the refuge; 
and (4) deer hunting would provide wildlife-oriented recreational 
opportunities in an area of Minnesota where hunting and fishing are 
important recreational activities.
    Historically, this area of Minnesota has attracted large numbers of 
deer, especially in winter, because both prairie and woodland habitat 
were available. Over the past 25 years, the previous owner actively 
encouraged deer to use the area by planting many acres of lure crops, 
limiting hunting pressure and providing a high degree of protection for 
the deer herd. Because of this, the deer population has increased and 
been concentrated in the relatively small refuge area. Today, the 
refuge and surrounding area host a white-tailed deer population of 
about 300 during the spring and fall and up to 500 in the winter. 
Preliminary surveys indicate that winter densities range from 18 to 20 
deer per square mile of the total land area of the refuge and 100 deer 
per square mile of forested habitat in the 27 square-mile area that 
includes and surrounds the refuge. A large proportion of these deer use 
the three square-mile area of the refuge extensively throughout the 
year. The refuge winter deer population is estimated at 60 to 70 deer 
per square mile of the total land area of the refuge and more than 200 
per square mile of forested habitat. Over-population by deer is evident 
by the presence of browse lines in the refuge woodlands. The goal of 
the proposed hunt is to lower the deer population to within the 
statewide density range (1-15 per square mile of the total land area 
and 5-80 per square mile of forested habitat). Field studies would be 
conducted to monitor habitat conditions and population dynamics to 
determine what the appropriate deer population should be for the refuge 
and surrounding area.
    The Special Permit Area (SPA) would be hunted during the State's 4A 
and 4B firearms seasons. The SPA covers approximately 2,000 acres, 
excluding refuge facilities and occupied building sites. About 1,200 
acres of the SPA are deemed huntable during a normal hunting season. 
Initially, until the herd is reduced and under control, only antlerless 
deer would be taken. As many as 60 permits would be issued for the two-
day 4A season and up to 80 permits would be issued for the four-day 4B 
season. The maximum hunter density would be one hunter per 15 acres. 
Hunter and Service personnel safety would determine the actual number 
of permits that are issued each season.
    A Section 7 evaluation pursuant to the Endangered Species Act was 
conducted for the proposed hunt. The refuge is in the breeding range of 
bald eagles. Eagles also use the refuge regularly for feeding; however, 
they would have migrated south by the time the firearms deer season 
opened in November. The refuge is in the peripheral range of the gray 
wolf; however, no wolves have ever been seen on the refuge. The tight 
controls of the hunt would make the chance illegal take of a gray wolf 
unlikely. While western prairie fringed orchids have been found in Polk 
County, no populations have been identified on the refuge. Even if such 
a population were discovered, they would be dormant during the hunting 
season. 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 conducted and a Finding of No Significant 
Impact (FONSI) was made regarding the proposed hunt. Detroit Lakes 
Wetland Management District and refuge staff, along with input from 
local Minnesota Department of Natural Resources representatives, were 
primarily responsible for the development of the alternatives reviewed 
in making the FONSI conclusion. Refuge objectives and Service concerns 
guided the process. Public needs and expectations were also taken into 
consideration during the development of the alternatives.
    The annual cost of this hunting program would be approximately 
$3,000. Within the annual DLWMD budget of $676,000, the necessary funds 
would be available for the development, operation and maintenance of 
this program pursuant to the Refuge Recreation Act.

2. Ohio River Islands National Wildlife Refuge

    The Service proposes to open Ohio River Islands National Wildlife 
Refuge to the hunting of migratory game birds, upland game hunting, and 
big game hunting. Established in 1990, the refuge became the first 
national wildlife refuge in West Virginia. The refuge consists of 9 
islands in the Ohio River. The acquisition boundary stretches 362 river 
miles from Shippingport, Pennsylvania to Manchester, Ohio and includes 
four states (Pennsylvania, Ohio, West Virginia and Kentucky). The 
refuge was established under the authority of the Fish and Wildlife Act 
of 1956. The refuge's primary purpose is for the development, 
advancement, management, conservation, and protection of fish and 
wildlife resources. This purpose was further defined by the objectives 
stated in the refuge's management plan to include (1) the management 
and protection of wildlife habitat, (2) the management and protection 
of wildlife populations, and (3) to allow appropriate public uses 
including, but not limited to, hunting, fishing, trapping, wildlife 
observation and environmental education.
    Twenty species of waterfowl have been recorded using the islands 
and associated riverine habitats of the Ohio River. The majority of 
these waterfowl are migratory, using the river and island habitats as 
feeding and resting areas. More than 5,800 individual waterfowl were 
observed using the islands during the 165 island visits from February 
1992 to September 1993. The take of migratory game birds will include 
waterfowl, coots, gallinules, rails, snipe, woodcock and mourning dove. 
Seasons on the refuge will coincide with the appropriate State seasons. 
The take of all other migratory birds will be prohibited. The proposed 
migratory game bird hunting program will currently encompass 7 islands 
and 429 acres. Aside from woodcock hunting, all migratory game bird 
hunting will, in reality, occur only on the shoreline perimeter of the 
islands, which constitutes approximately 80 acres (15% of the current 
refuge acreage).
    Cottontail rabbits and fox squirrels are present on the Ohio River 
islands, with current numbers variable depending on specific islands 
and their habitats. Much of the island habitats have succeeded beyond 
the early to late oldfield habitats preferred by cottontail rabbits, 
and food available for fox squirrels is limited mostly to soft mast. 
However, it is felt that these species are present in huntable 
populations. The refuge season for these species will coincide with the 
appropriate State seasons. Method of take will be restricted to shotgun 
only for safety reasons. The take of all other upland game, including 
turkey, grouse, pheasant, and quail, will be prohibited.
    White-tailed deer are found in varying numbers on the Ohio River 
Islands. The size and habitat conditions on each island are different 
and deer utilization reflects this. Deer move freely from the mainland 
to the islands, depending on surrounding public use pressures, season, 
etc., tying island deer densities to surrounding deer populations. Deer 
hunting is proposed for the refuge within the framework of applicable 
State regulation. Method of take will be restricted to archery only for 
safety reasons and season lengths will correspond to State archery deer 
seasons.
    A separate compatibility determination was made for the proposed 
hunt, and the proposed recreational hunts were found to be compatible. 
The hunt programs must be monitored and adjusted as necessary to reduce 
or eliminate adverse impacts to the refuge resources and refuge 
operations.
    A Section 7 evaluation pursuant to the Endangered Species Act was 
conducted for the proposed hunt. The listed species considered in this 
evaluation are pink mucket pearly mussel, fanshell mussel, bald eagle 
and peregrine falcon. The pink mucket pearly mussel and fanshell mussel 
occur on sand and gravel substrate found on the river bottom. Hunting 
on the island terrestrial habitats and from boats around the island 
perimeters will not impact these mussels or freshwater mussel habitat. 
Areas having concentrated eagle use will be zoned to prohibit hunting. 
The peregrine falcon is a rare visitor to the Ohio River Valley, and 
hunting activity is not expected to have any impact on this species. 
Accordingly, it was concluded that the proposed hunt is not likely to 
adversely affect any Federally listed or proposed for listing 
threatened or endangered species or their critical habitats.
    An environmental assessment was developed pursuant to the National 
Environmental Policy Act (NEPA) and a Finding of No Significant Impact 
(FONSI) was made with respect to the proposed hunts. During the 
planning stages of developing the hunt proposal, the refuge was in 
direct contact with a variety of government agencies, conservation 
organizations, landowners, and interested members of the public. 
Alternatives were developed that highlighted all concerns and the 
alternative for safe management of a hunting program was deemed 
appropriate. In December 1993, the refuge announced the availability of 
the environmental assessment to the general public. Public comment was 
solicited through news releases, radio interviews, writing to area 
conservation organizations, and contacting individuals who had 
expressed an interest in the hunting program. The conclusion of the 
environmental assessment stated that hunting pressure is expected to be 
low and wildlife disturbance should be minimal. Hunting conditions will 
be monitored, however, and appropriate actions taken if necessary to 
protect the biological resources of the refuge.
    In addition to staff expenses, estimated at $4,616, the refuge will 
incur costs for signs, vehicle maintenance, leaflet printing, and 
miscellaneous supplies at an estimated annual cost of $1,500. These 
cost estimates bring the total cost for the hunt program to 
approximately $6,000. Therefore, it is determined that funds are 
available for the development, operation and maintenance of this 
proposed program pursuant to the Refuge Recreation Act.

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 the 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)), environmental 
assessments have been prepared for these openings. Based upon the 
Environmental Assessments, the Service issued Findings of No 
Significant Impact with respect to the openings. Section 7 evaluations 
were 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.

    2. Section 32.7 List of refuge units open to hunting and/or fishing 
is amended by adding the alphabetical listing of ``Rydell National 
Wildlife Refuge'' under the State of Minnesota and ``Ohio River Islands 
National Wildlife Refuge'' under the State of West Virginia.
    3. Section 32.24 California is amended by revising paragraph D. of 
Delevan National Wildlife Refuge to read as follows:


Sec. 32.24 California.

* * * * *

Delevan National Wildlife Refuge

* * * * *
    D. Sport Fishing. [Reserved.]
* * * * *
    4. Section 32.42 Minnesota is amended by adding the alphabetical 
listing of Rydell National Wildlife Refuge to read as follows:


Sec. 32.42  Minnesota.

* * * * *

Rydell 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 conditions:
    1. Permits are required to hunt white-tailed deer in the Special 
Permit Area of the refuge.
    2. Hunting in the Special Permit Area is permitted with firearms 
only.
    3. Antlerless deer only may be taken in the Special Permit Area.
    4. Construction or use of permanent blinds, permanent platforms, or 
permanent ladders is prohibited. Portable stands are permitted but must 
be removed from the refuge at the end of each day's hunt.
    5. Deer taken from the Special Permit Area must be taken to the 
refuge check station.
    D. Sport Fishing. [Reserved.]
* * * * *
    5. Section 32.67 Washington is amended by revising paragraph C. of 
Columbia National Wildlife Refuge to read as follows:


Sec. 32.67  Washington.

* * * * *

Columbia National Wildlife Refuge

* * * * *
    C. Big Game Hunting. [Reserved.]
* * * * *
    6. Section 32.68 West Virginia is revised to read as follows:


Sec. 32.68  West Virginia.

    The following refuge units have been opened to hunting and/or 
fishing, and are listed in alphabetical order with applicable refuge-
specific regulations.

Ohio River Islands National Wildlife Refuge

    A. Hunting of Migratory Game Birds. Migratory game bird hunting is 
permitted on designated areas of the refuge subject to the following 
condition: Each hunter must have in his possession a current copy of 
the Ohio River Islands National Wildlife Refuge Hunting Regulations 
Leaflet while participating in a refuge hunt.
    B. Upland Game Hunting. The hunting of rabbit and squirrel is 
permitted on designated areas of the refuge subject to the following 
conditions:
    1. The use of dogs for pursuit while rabbit hunting is prohibited.
    2. The take of squirrel and rabbit is restricted to shotgun only.
    3. Each hunter must have in his possession a current copy of the 
Ohio River Islands National Wildlife Refuge Hunting Regulations Leaflet 
while participating in a refuge hunt.
    C. Big Game Hunting. The hunting of white-tailed deer is permitted 
on designated areas of the refuge subject to the following conditions:
    1. Only archery hunting is permitted.
    2. Organized deer drives by two or more hunters are prohibited. A 
drive is hereby defined as the act of chasing, pursuing, disturbing or 
otherwise directing deer so as to make the animals more susceptible to 
harvest.
    3. Baiting for deer on refuge lands is prohibited.
    4. Each hunter must have in his possession a current copy of the 
Ohio River Islands National Wildlife Refuge Regulations Leaflet while 
participating in a refuge hunt.

    Dated: June 10, 1994.
George T. Frampton, Jr.,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 94-17267 Filed 7-14-94; 8:45 am]
BILLING CODE 4310-55-P