[Federal Register Volume 60, Number 134 (Thursday, July 13, 1995)]
[Proposed Rules]
[Pages 36200-36202]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-17191]




[[Page 36199]]

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Part V





Department of the Interior





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Fish and Wildlife Service



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50 CFR Part 32



Addition of Deep Fork National Wildlife Refuge to the List of Open 
Areas for Sport Fishing in Oklahoma; Proposed Rule

  Federal Register / Vol. 60, No. 134 / Thursday, July 13, 1995 / 
Proposed Rules   

[[Page 36200]]


DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 32

RIN 1018-AD27


Addition of Deep Fork National Wildlife Refuge to the List of 
Open Areas for Sport Fishing in Oklahoma

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 
Deep Fork National Wildlife Refuge to the list of areas open for sport 
fishing in Oklahoma 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 September 11, 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 Deep Fork National Wildlife Refuge 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 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 
Director 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 management plan for 
recreational fishing; an environmental assessment; a Finding of No 
Significant Impact (FONSI); a Section 7 statement, pursuant to the 
Endangered Species Act, that this opening is not likely to adversely 
affect a listed species or its critical habitat; and refuge-specific 
regulations to administer the fishing program. From a review of the 
totality of these documents, it has been determined that the opening of 
the Deep Fork 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, it has been also 
determined that this opening for sport fishing is compatible and 
consistent with the primary purposes for which the refuge was 
established. A brief description of the fishing program is as follows:

Deep Fork National Wildlife Refuge

    The legislature of Oklahoma passed H.B. 1904 on May 17, 1990, 
authorizing the Fish and Wildlife Service (Service) to acquire and 
develop a national waterfowl refuge in Okmulgee County, Oklahoma. 
Accordingly, Deep Fork National Wildlife Refuge was established on June 
30, 1993, under the authority of the Emergency Wetlands Resources Act 
of 1986 (P.L. 99-645, 100 Stat. 3582). The refuge acreage totals 6,801 
currently; however, an established acquisition boundary would 
eventually include 16,104 acres. The refuge is located along the Deep 
Fork River in Oklahoma. Recognized as a nationally important ecosystem, 
the Deep Fork River is listed in the Lower Mississippi Valley Joint 
Venture of the North American Waterfowl Management Plan (NAWMP) as an 
area of wetland habitat critical to the waterfowl of the Central 
Flyway.
    Acquisition of refuge land is supported by the Eastern Oklahoma 
Wetlands Plan which is Oklahoma's implementation plan for the NAWMP. 
The Deep Fork River is also one of 17 priority-one sites listed in the 
1985 Texas and Oklahoma Land Protection Plan. It has also been 
identified as the number one wetland site in Oklahoma in the Regional 
Wetlands Concept Plan.
    The purposes of the refuge are to contribute to the conservation of 
the wetlands of the Nation in order to maintain the public benefits 
they provide and to help fulfill international obligations contained in 
various migratory bird treaties and conventions. (16 U.S.C. 
3901(b))(Emergency Wetlands Resources Act of 1986).
    The Deep Fork National Wildlife Refuge is located in the Deep Fork 
River Basin, upstream from Eufaula Reservoir. The majority of the area 
contains palustrine forested wetlands. Bottomland hardwood forests 
occur along the Deep Fork River and the many creeks which enter it. 
Scrub-shrub wetlands occur in the overflow areas. The uplands have 
deciduous forest composed primarily of post oak and blackjack. Numerous 
sloughs exist along the river channel. Some of the sloughs exceed four 
feet in depth.
    The numerous wetlands along the Deep Fork River are rich in 
diversity of wildlife. A total of 147 species of birds (8 game and 139 
non-game) occur in the bottomland forest and the associated wetlands. 
The sloughs and open wetlands support great blue herons, little blue 
herons, and snowy egrets. Raptors, woodpeckers, and passerine birds 
utilize the area. The bald eagle is the only known endangered species 
to occur on the area. Fifty-one species of mammals have been recorded 
in the Deep Fork Basin. Furbearer populations are considered to be 
among the highest in the State. The Deep Fork River 

[[Page 36201]]
provides feeding and spawning habitat for a variety of fish native to 
east central Oklahoma. Channel catfish, blue catfish, flathead catfish, 
crappie, white bass, and largemouth bass are the most important 
economically. Carp are common in the river. Carp and catfish are also 
found in the sloughs and wetlands along the river as a result of 
floods.
    Sport fishing was addressed in the environmental assessment for 
land acquisition as a desirable activity and was listed in the Oklahoma 
legislation authorizing the Service to establish the refuge. Opening 
the area to sport fishing will aid in meeting the general refuge 
objective of wildlife oriented recreation. There is significant demand 
in the local community for sport fishing, and it is anticipated that 
there would be approximately 3,500 use-days of sport fishing annually 
at the refuge.
    It is proposed that bank fishing be allowed on the refuge year-
round. Fishing would be permitted on the sloughs separated from the 
river from March 1 through September 30 with pole and line only. The 
use of firearms would be prohibited. The public would be allowed to 
bank fish along the Deep Fork River within the refuge boundary. They 
would also be permitted to launch small boats. Improved boat ramps 
would not be available. Only small hand-powered boats or canoes would 
be launched from the bank. Signs would be placed at major access points 
showing the fishing regulations. In addition, maps and printed refuge-
specific regulations would be available. The refuge views this initial 
sport fishing program as ``interim,'' as further acquisition within the 
refuge boundary will require revisions to the plan in the future.
    Target species will include channel catfish, flathead catfish, blue 
catfish, crappie, white bass, and largemouth bass. The Oklahoma 
Department of Wildlife Conservation has established daily possession 
limits and means of taking to protect individual species. Refuge-
specific regulations, as proposed, are consistent with state 
regulations which will be observed on the refuge.
    Opening the refuge to fishing has been found to be compatible in a 
separate compatibility determination. The fishing program will be 
reviewed, as appropriate, to ensure 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 fishing program.
    The Service has determined that there would be sufficient funds to 
administer the proposed fishing program. Sufficient funds would be 
available within the refuge unit budget to operate such a fishing 
program 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. While the proposed fishing 
program could increase the fishing licenses purchased and boost sales 
of fishing gear and tackle, the impact would not be considered 
significant as other surrounding areas are, also, open to fishing and 
the addition of the refuge to fishing waters would be only 
proportionally relevant to small entities. Therefore, 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 Assessment, 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  List of refuge units open to hunting and/or fishing.

    2. Section 32.7 List of refuge units open to hunting and/or fishing 
is amended by adding the alphabetical listing of ``Deep Fork National 
Wildlife Refuge'' under the state of Oklahoma.
    3. Section 32.55 Oklahoma is amended by adding the alphabetical 
listing of Deep Fork National Wildlife Refuge to read as follows:


Sec. 32.55  Oklahoma.

* * * * *

Deep Fork National Wildlife Refuge

    A. Hunting of Migratory Game Birds. [Reserved.]
    B. Upland Game Hunting. [Reserved.]
    C. Big Game Hunting. [Reserved.] 

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    D. Sport Fishing. Sport fishing for channel catfish, flathead 
catfish, blue catfish, crappie, white bass, and large mouth bass is 
permitted on designated areas of the refuge pursuant to the 
following conditions:
    1. Bank fishing is permitted year-round on the Deep Fork River. 
Bank fishing with pole and line is permitted from March 1 through 
September 30 on the sloughs separated from the Deep Fork River.
    2. Boats may be launched on the refuge from access points 
designated in the refuge leaflet. Only small boats or canoes will be 
permitted.
    3. The use of firearms is prohibited.
* * * * *
    Dated: June 12, 1995.
George T. Frampton, Jr.,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 95-17191 Filed 7-12-95; 8:45 am]
BILLING CODE 4310-55-P