[Federal Register Volume 60, Number 111 (Friday, June 9, 1995)]
[Proposed Rules]
[Pages 30686-30687]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-14154]




[[Page 30685]]

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Part II





Department of the Interior





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Fish and Wildlife Service



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50 CFR Part 32



Cape May National Wildlife Refuge; Addition to the List of Open Areas 
for Hunting in New Jersey; Proposed Rule

  Federal Register / Vol. 60, No. 111 / Friday, June 9, 1995 / Proposed 
Rules   
[[Page 30686]] 

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 32

RIN 1018-AD03


Addition of Cape May National Wildlife Refuge to the List of Open 
Areas for Hunting in New Jersey

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 
Cape May National Wildlife Refuge to the list of areas open for big 
game hunting in New Jersey 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 August 8, 1995.

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. 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 Cape May National Wildlife Refuge to 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 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.
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 Cape May National Wildlife Refuge to 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 big game hunting is compatible and 
consistent with the primary purposes for which the refuge was 
established. The Secretary has also determined that funds are available 
to administer the programs. A brief description of the hunting program 
is as follows:

Cape May National Wildlife Refuge

    The Cape May National Wildlife Refuge was established 
administratively on January 20, 1989, under the authority of the Fish 
and Wildlife Act of 1956 (16 U.S.C. 742a-742j; 70 Stat. 1119), as 
amended. The broad purposes of the refuge are for the development, 
advancement, management, conservation, and protection of fish and 
wildlife resources and for the benefit of the United States Fish and 
Wildlife Service, in performing its activities and services. There are 
approximately 16,700 acres within the approved refuge acquisition 
boundary. The Fish and Wildlife Service (Service) has already purchased 
approximately 6,700 acres of the acquisition area. The refuge is 
located in the Townships of Middle, Dennis and Upper in Cape May 
County, New Jersey. The refuge is divided into two approximately equal 
divisions: The Great Cedar Swamp Division and the Delaware Bay 
Division. The topography of the refuge is typical of the coastal areas 
of New Jersey, where uplands taper gradually to a wide band of 
saltmarsh. There are 22 major vegetation types found on the refuge. 
These communities include mixed hardwood swamps, oak/pine forests, 
Atlantic white cedar swamps, and estuarine communities dominated by 
Spartina patens, and saltmarsh cordgrass.
    The unique configuration and location of Cape May attracts flocks 
of raptors, songbirds and woodcock. The refuge supports a variety of 
animal life, including approximately 317 species of birds, 42 species 
of mammals, 55 species of reptiles and amphibians, and numerous species 
of fish, shellfish, and other invertebrates. Furbearers of economic 
importance inhabiting the area include otter, muskrat, and raccoon. 
Small mammals such as shorttail shrews and white-footed mice are common 
in upland fields and shrub habitat. Gray and red foxes are also common.
    State deer biologists estimate a deer density of approximately 18 
deer per square mile in Cape May County's Deer Management Zone (DMZ) 
34, of which the refuge is a part. The deer population appears to have 
increased since 1981 with a corresponding increase in farmer 
complaints. The number of complaints has risen from 4 in 1990 to 12 in 
1993. Crop depredation permitted kills have increased from 9 in 1990 to 
36 in 1993. In order to address the below average herd health indices, 
and to reduce deer complaints in DMZ 34, the short term goal of the New 
Jersey Division of Fish, Game and Wildlife is to reduce the herd by 
approximately 20 percent. There are [[Page 30687]] no data on the 
number of hunters who have used the area within the refuge acquisition 
area in the past. However, the refuge estimates the annual visitation 
for deer hunting is less than 500 visits.
    Based on the patrols that refuge law enforcement officers have made 
during the last two firearms deer hunting seasons, hunting pressure on 
white-tailed deer within the refuge boundary is low.
    The sport hunting program will be monitored by refuge personnel, 
and conducted according to New Jersey Department of Environmental 
Protection, Division of Fish, Game and Wildlife deer hunt regulations.
    Opening the refuge to big game hunting has been found to be 
compatible in a separate compatibility determination. The hunting 
program will be reviewed annually to ensure that a harvestable surplus 
of animals exist, and that sensitive habitats are protected from 
disturbance. A Section 7 evaluation pursuant to the Endangered Species 
Act was conducted. 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. During the preparation of the environmental 
assessment, biologists and management personnel within the New Jersey 
Division of Fish, Game and Wildlife were consulted. Comments were 
solicited from the public during the draft environmental assessment 
phase. Articles on this assessment were carried in the local newspapers 
and sent to Federal, State and local legislators and conservation 
groups.
    The Service has determined that there would be sufficient funds to 
administer the proposed hunt. Sufficient funds would be available 
within the refuge unit budget to operate such a hunt as proposed.

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 ``Cape May National 
Wildlife Refuge'' under the state of New Jersey.
    3. Section 32.49 New Jersey is amended by adding the alphabetical 
listing of Cape May National Wildlife Refuge to read as follows:


Sec. 32.49  New Jersey.

* * * * *

Cape May 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 
condition: During the firearms big game season, hunters must wear, 
in a conspicuous manner on head, chest and back, a minimum of 400 
square inches of solid-colored hunter orange clothing or material.
    D. Sport Fishing. [Reserved]
* * * * *
    Dated: May 20, 1995.
George T. Frampton, Jr.,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 95-14154 Filed 6-8-95; 8:45 am]
BILLING CODE 4310-55-P