[Federal Register Volume 59, Number 212 (Thursday, November 3, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-27283]
[[Page Unknown]]
[Federal Register: November 3, 1994]
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Part V
Department of the Interior
_______________________________________________________________________
Fish and Wildlife Service
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50 CFR Part 32
List of Open Areas for Hunting and Pertinent Refuge-Specific
Regulations; Addition of Two National Wildlife Refuges; Final Rule
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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
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Final rule.
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SUMMARY: The U.S. Fish and Wildlife Service (Service) adds 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.
EFFECTIVE DATE: The effective date of this Final Rule is December 5,
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 opens two refuges to hunting. The
hunting programs included in this openings document have refuge-
specific hunting regulations which are included in this rulemaking.
A proposed rule was published in the Federal Register on July 15,
1994 (59 FR 36342) and comments from the public were solicited. No
comments were received. However, the proposed rule indicated that big
game hunting at Columbia National Wildlife Refuge and sport fishing at
Delevan National Wildlife Refuge may be closed. After consulting
further with the Regional Office, a decision has been made to not close
these refuges to those activities.
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 will 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 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 will 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) will 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 will 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 will 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 hunt. The refuge is in the breeding range of bald
eagles. Eagles also use the refuge regularly for feeding; however, they
will 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 will 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 will be approximately
$3,000. Within the annual DLWMD budget of $676,000, the necessary funds
will 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 will 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 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 on the refuge will follow 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 hunt
program, and the program was found to be compatible. The hunt program
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 hunts. 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 hunts are 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 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 hunt
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 will
have minimal effect on such entities.
Federalism
This 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 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 32.42 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.]
* * * * *
4. 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.
D. Sport Fishing. [Reserved.]
Dated: October 15, 1994.
George T. Frampton, Jr.,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 94-27283 Filed 11-2-94; 8:45 am]
BILLING CODE 4310-55-P