[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: 94-17268]


[[Page Unknown]]

[Federal Register: July 15, 1994]


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Part VIII





Department of the Interior





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Fish and Wildlife Service



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50 CFR Part 32




Addition of Rock Lake National Wildlife Refuge to the List of Open 
Areas for Hunting in North Dakota; Proposed Rule
DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 32

RIN 1018-AC60

 
Addition of Rock Lake National Wildlife Refuge to the List of 
Open Areas for Hunting in North Dakota

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 
Rock Lake National Wildlife Refuge to the list of areas open for big 
game hunting in North Dakota along with pertinent refuge-specific 
regulations for such activity. 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 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 Rock Lake National 
Wildlife Refuge to deer hunting. The hunt will be in accordance with 
State regulations pertaining to archery and firearms deer hunting, and 
as illustrated in the North Dakota Hunting Guide (1993).

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.

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; and a letter of concurrence from the 
affected States. From a review of the totality of these documents, the 
Secretary has determined that the opening of the Rock Lake National 
Wildlife Refuge to deer 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 deer hunting is compatible and 
consistent with the primary purposes for which the refuge was 
established, and that funds are available to administer the programs. A 
brief description of the hunting program is as follows:

Rock Lake National Wildlife Refuge

    Rock Lake National Wildlife Refuge (NWR) is a 5,587 acre easement 
refuge located in Towner County, North Dakota. The refuge was 
established in 1939 by an Executive Order as a refuge and breeding 
ground for migratory birds and other wildlife. The refuge is 
administered by the Service's Devils Lake Wetland Management District, 
located in Devils Lake, North Dakota. Rock Lake NWR occupies lands that 
were formed by glacial activity several million years ago. The glacial 
drift moraine running through North Dakota is characterized by rolling 
grasslands interspersed with small closed basins. Devils Lake is 
typical of this area. Principal wildlife found on Rock Lake NWR 
includes geese, ducks, various non-game bird species, white-tailed 
deer, muskrat, mink and fox. Bald eagles, whooping cranes, and 
peregrine falcons use the area on an occasional basis.
    Since hunting has been prohibited on Rock Lake NWR, deer from the 
surrounding area are drawn to the refuge during the State firearms deer 
season. Unfortunately, following the close of the deer season they do 
not return to the areas from which they came until the following 
spring. Heightened winter deer concentrations are destructive to refuge 
habitat and lead to serious depredation problems on neighboring private 
lands, particularly during severe winters. This refuge is the only 
large closed-to-hunting area for many miles.
    The primary objective of this hunt is to reduce the degradation of 
habitat used by nesting waterfowl and other wildlife, migratory 
wildlife, rare and endangered wildlife, and native (resident) wildlife. 
The proposed hunt would also reduce depredation problems on privately 
owned land, redistribute deer, improve the health of the herd, reduce 
the risk of deer/vehicle collisions, and provide recreational 
opportunities. A designated area of the refuge would be opened to deer 
hunting only during the State firearms deer season and archery hunting 
would be open from the opening of the firearms season until the close 
of the State archery season. All state regulations pertaining to 
archery and firearms deer hunting would apply. Deer hunting would be 
monitored by refuge officers and State game wardens. Hunter numbers, 
number of deer taken, and refuge deer populations would be monitored. 
The refuge will be open to all holders of a North Dakota 2E deer 
hunting permit and all those with a valid North Dakota deer archery 
permit. The Service projects that 100-150 deer hunting visits will 
occur each year. If excessive harvest or winter mortality problems are 
evident, alternative management would be proposed.
    Opening the refuge to the hunting of deer has been found to be 
compatible in a separate compatibility determination. This 
determination noted also that most migratory birds will have migrated 
south prior to the opening of the State deer hunting season. A Section 
7 evaluation pursuant to the Endangered Species Act was conducted and 
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. All neighbors and farm operators in the local area were contacted 
about the proposed action and they concurred with the proposed hunt. 
The environmental assessment was prepared by the Devils Lake Wetland 
Management district and Wetland Habitat Office, Bismarck, North Dakota, 
and with the assistance of the North Dakota Game and Fish Department. 
As the deer hunt will be monitored cooperatively by refuge personnel 
and State game wardens, no special funding will be required to monitor 
and control the hunt. Refuge monitoring would be a collateral duty of 
certain refuge personnel. No special refuge permits will be required. 
Therefore, the Service has determined that there would be sufficient 
funds to administer the proposed hunt pursuant to the requirements of 
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 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 ``Rock Lake National 
Wildlife Refuge'' under the state of North Dakota.
    3. Section 32.53 North Dakota is amended by adding the alphabetical 
listing of Rock Lake National Wildlife Refuge to read as follows:


Sec. 32.53  North Dakota.

* * * * *

Rock Lake National Wildlife Refuge

    A. Hunting of Migratory Game Birds. [Reserved.]
    B. Upland Game Hunting. [Reserved.]
    C. Big Game Hunting. The refuge is open to the hunting of deer only 
during the State firearms deer season. Archery hunting is open from the 
opening of the firearms season until the close of the State archery 
season. All State regulations pertaining to archery and firearms deer 
hunting apply.
    D. Sport Fishing. [Reserved.]
* * * * *
    Dated: June 27, 1994.
George T. Frampton, Jr.,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 94-17268 Filed 7-14-94; 8:45 am]
BILLING CODE 4310-55-P