[Federal Register Volume 59, Number 203 (Friday, October 21, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-26146]


[[Page Unknown]]

[Federal Register: October 21, 1994]


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Part VII





Department of the Interior





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Fish and Wildlife Service



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50 CFR Part 32




Addition of Bayou Cocodrie National Wildlife Refuge to the List of Open 
Areas for Hunting in Louisiana; Proposed Rule
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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 32

RIN 1018-AD00

 
Addition of Bayou Cocodrie National Wildlife Refuge to the List 
of Open Areas for Hunting in Louisiana

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 
Bayou Cocodrie National Wildlife Refuge to the list of areas open for 
upland game and big game hunting in Louisiana 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 November 21, 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 Bayou Cocodrie 
National Wildlife Refuge to upland game (squirrel, rabbit, raccoon, 
opossum and coyote) and 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 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 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; 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 Bayou Cocodrie National Wildlife Refuge to 
upland game and 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 upland game and big game 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:

Bayou Cocodrie National Wildlife Refuge

    Public Law 101-593, enacted by Congress on November 16, 1990, 
authorized the establishment of Bayou Cocodrie National Wildlife Refuge 
(NWR). The refuge is located in Concordia Parish in east central 
Louisiana. It was established to protect some of the last remaining, 
least disturbed bottomland hardwoods in the Mississippi River Delta. 
These forested wetlands represent one of the most valuable and 
productive wildlife habitats in the southeastern United States. The 
stated purposes found at 104 Stat. 2957 provide that the refuge 
purposes are (1) the conservation and enhancement of wetlands; (2) the 
general wildlife management as a unit of the National Wildlife Refuge 
System, including management for migratory birds; and (3) for fish and 
wildlife-oriented recreational activities.
    Total refuge acreage is proposed at 17,269 acres, including an 
11,230-acre core tract formerly owned by The Nature Conservancy. The 
remaining 6,039 acres are adjacent, privately-owned tracts. Acquisition 
to date totals 9,805 acres of the core tract. The area offers 
attractive shallow-water feeding habitat for pintails and other 
dabbling ducks such as mallards and blue-winged teal, and provides 
excellent habitat for resident game, including white-tailed deer, 
turkeys, woodcock, and grey and fox squirrels. The bottomland hardwoods 
also serve as both permanent homes and migration habitat for many 
species of passerine birds, including songbirds and neotropical 
migrants.
    The area has historically been noted for its excellent hunting 
opportunities for white-tailed deer and small game such as rabbits and 
squirrels. Nearly all of the refuge area was leased by hunting clubs or 
commercial hunting enterprises prior to the government obtaining the 
property. Based on preliminary assessment of the refuge and the 
experience of the local Louisiana Department of Wildlife and Fisheries 
biologist and enforcement personnel, all indications support the fact 
that relevant wildlife populations are sufficient for hunting and for 
other refuge objectives.
    Because of the unpredictable refuge development timeframe, the 
location of future land purchases, and the limited amount of developed 
waterfowl habitat, the initial hunting program will involve only 
resident game including white-tailed deer, squirrels, and rabbits. A 
waterfowl hunting program is totally dependent on the capability of 
being able to have dependable water sources to maintain optimum water 
levels for waterfowl hunting. Seasons and bag limits for resident game 
seasons hunting will be within the guidelines established by the 
Louisiana Department of Wildlife and Fisheries, but will likely be more 
conservative. The hunting program will be reviewed on an annual basis 
and revisions will be made accordingly.
    The sport hunting program will be monitored by refuge personnel. 
Currently, the refuge is operating at the ``custodial level'' with only 
one staff member--the refuge manager. Resources from other refuges 
(Tensas River, Catahoula, and Lake Ophelia) will be utilized to help 
administer the hunt programs.
    To facilitate the distribution of news releases, the refuge will 
maintain a mailing list for newspapers, local radio and television 
stations. News releases will be developed announcing the hunting season 
dates, where regulations can be obtained, and other pertinent 
information.
    Opening the refuge to upland game and big game hunting has been 
found to be compatible in a separate compatibility determination. This 
determination noted that time and zone restrictions would be 
implemented as land acquisition progressed to ensure continued 
compatibility. 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. Numerous contacts were made 
throughout the area of the refuge soliciting comments on the proposed 
hunting plan. The Louisiana Department of Wildlife and Fisheries 
concurs and fully supports the regulated recreational hunting program 
proposed at the refuge.
    The Service has determined that there would be sufficient funds to 
administer the proposed hunt pursuant to the requirements of the Refuge 
Recreation Act. The cost of the proposed hunt program is estimated to 
be approximately $25,000 for the initial year and $10,000 per year 
thereafter. Sufficient funds would be available within the refuge unit 
budget to operate such a hunt as proposed. It is estimated, further, 
that 10,000 hunter visits per year would take place.

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.

    2. Section 32.7 List of refuge units open to hunting and/or fishing 
is amended by adding the alphabetical listing of ``Bayou Cocodrie 
National Wildlife Refuge'' under the state of Louisiana.
    3. Section 32.37 Louisiana is amended by adding the alphabetical 
listing of Bayou Cocodrie National Wildlife Refuge to read as follows:


Sec. 32.37   Louisiana.

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Bayou Cocodrie National Wildlife Refuge

    A. Hunting of Migratory Game Birds. [Reserved.]
    B. Upland Game Hunting. Hunting of squirrel, rabbit, raccoon, 
opossum and coyote is permitted on designated areas of the refuge 
subject to the following condition: Permits are required.
    C. Big Game Hunting. Hunting of white-tailed deer is permitted 
on designated areas of the refuge subject to the following 
condition: Permits are required.
    D. Sport Fishing. [Reserved.]
* * * * *
    Dated: September 9, 1994.
George T. Frampton, Jr.,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 94-26146 Filed 10-20-94; 8:45 am]
BILLING CODE 4310-55-P