[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: 94-27284]


[[Page Unknown]]

[Federal Register: November 3, 1994]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 32

RIN 1018-AC93

 

Opening of Humboldt Bay National Wildlife Refuge to Sport Fishing

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule.

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SUMMARY: The U.S. Fish and Wildlife Service (Service) proposes to open 
Humboldt Bay National Wildlife Refuge in California to sport fishing 
and proposes 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 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 proposes to open Humboldt Bay National 
Wildlife Refuge in Loleta, California, 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 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 and allowing 
recreational uses not directly related to the purposes and functions 
for which an area was established, 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 fishing plan; an 
environmental assessment; a compatibility determination; a Finding of 
No Significant Impact (FONSI); a Section 7 evaluation or statement, 
pursuant to the Endangered Species Act, that this opening will have no 
effect on a listed species or critical habitat; a letter of concurrence 
from the affected States; and refuge-specific regulations to administer 
the fishing program. From a review of the totality of these documents, 
the Secretary has determined that the opening of Humboldt Bay 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, the Secretary has also 
determined that this opening for sport fishing 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:

Humboldt Bay National Wildlife Refuge

    Humboldt Bay National Wildlife Refuge was established by authority 
of the Migratory Bird Conservation Act of February 18, 1929 (45 Stat. 
1222), as amended, and the Migratory Bird Hunting and Conservation 
Stamp Act of March 16, 1934, as amended. The refuge is a part of the 
San Francisco Bay National Wildlife Refuge Complex, but has a full-time 
project leader and staff. The purposes of the refuge are (1) for use as 
an inviolate sanctuary, or for any other management purpose, for 
migratory birds; (2) for suitable incidental fish and wildlife-oriented 
recreational development; (3) the protection of natural resources; and 
(4) conservation of endangered species or threatened species.
    Humboldt Bay is situated 280 miles north of San Francisco and 85 
miles south of the Oregon border. Humboldt Bay lies on a narrow coastal 
plain. It is a natural land-locked harbor \1/2\ to 4 miles wide and 14 
miles long, separated from the ocean by well-developed coastal dunes 
and a sand beach. Humboldt Bay is a vital link in the coastal section 
of the Pacific Flyway for migratory waterfowl, shorebirds, and other 
waterbirds.
    Sport fishing in Humboldt Bay is a popular form of recreation. Well 
established fisheries for perch, smelt, salmon, rockfish, crabs and 
clams provide for local enthusiasts as well as tourists. Declines in 
salmon stocks on the north coast have resulted in sharply reduced 
seasons and shifts in fishing effort to other species. Fisheries 
gaining rapidly in popularity are dungeness crab (Cancer magister), 
leopard shark (Triakis semifasciata), California halibut (Paralichthys 
californicus), and various clams. Sport fishing within the bay accounts 
for more than 30,000 angler-days each year. Most of the fishing in 
South Humboldt Bay occurs on the South Jetty and at Buhne's Point.
    Public sport fishing will be permitted on navigable waters of 
Humboldt Bay that fall within the existing refuge boundary. Most 
fishing in Humboldt Bay will occur from boats on the navigable waters. 
Fishing will also be permitted from the outer levee of Hookton Slough, 
west of the designated parking lot. The non-tidally influenced areas 
(levees and seasonal wetlands) will be closed to fishing to provide 
disturbance-free resting and foraging areas for migratory birds. 
Anglers will be monitored on an opportunistic basis to determine if any 
wildlife disturbance is occurring. Fishing will be permitted within the 
framework of applicable State and Federal regulations. The California 
Department of Fish and Game will be consulted if any changes are 
planned in the refuge fishing program.
    Opening the refuge to sport fishing has been found to be compatible 
in a separate compatibility determination. This determination noted 
time and zone restrictions. A Section 7 evaluation pursuant to the 
Endangered Species Act was conducted, and it was determined that the 
proposed action would not 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. Numerous 
contacts were made throughout the area of the refuge soliciting 
comments on the proposed fishing plan. The California Department of 
Fish and Game concurs and fully supports the regulated sport fishing 
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 establishing and managing the fishing 
program will be minimal, and will consist primarily of posting and 
maintaining ``Public Fishing Area'' signs and including fishing 
information in the refuge brochure. There are necessary funds within 
the annual budget of the San Francisco Bay National Wildlife Refuge 
Complex for this work. There will be no facilities developed or managed 
specifically for the use of anglers.

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 
this action would have no effect on 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 32.24 California is amended by adding text to paragraph 
D. of Humboldt Bay National Wildlife Refuge to read as follows:


Sec. 32.24   California.

* * * * *

Humboldt Bay National Wildlife Refuge

* * * * *
    D. Sport Fishing. Fishing is permitted on designated areas of 
the refuge subject to the following conditions:
    1. Fishing from the designated shoreline trail along Hookton 
Slough is permitted during daylight hours only.
    2. Only the use of pole and line or rod and reel is permitted 
from the Hookton Slough Shoreline trail fishing area.
* * * * *
    Dated: October 15, 1994.
George T. Frampton, Jr.,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 94-27284 Filed 11-2-94; 8:45 am]
BILLING CODE 4310-55-P