[Federal Register Volume 60, Number 134 (Thursday, July 13, 1995)]
[Proposed Rules]
[Pages 36196-36197]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-17193]




[[Page 36195]]

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Part IV





Department of the Interior





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Fish and Wildlife Service



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50 CFR Part 32



Addition of Ottawa National Wildlife Refuge to the List of Open Areas 
for Big Game Hunting in Ohio; Proposed Rule

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

[[Page 36196]]


DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 32

RIN 1018-AD31


Addition of Ottawa National Wildlife Refuge to the List of Open 
Areas for Big Game Hunting in Ohio

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 
Ottawa National Wildlife Refuge to the list of areas open for big game 
hunting in Ohio 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, consistent with the principles of sound wildlife management, and 
otherwise be in the public interest. This rulemaking proposes to open 
Ottawa 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 its 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, it has been 
determined that the opening of the Ottawa 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, it has been also 
determined that this opening for big game hunting is compatible and 
consistent with the primary purposes for which the refuge was 
established. A brief description of the hunting program is as follows:

Ottawa National Wildlife Refuge

    The Ottawa National Wildlife Refuge (NWR) is situated on the 
southwestern edge of Lake Erie in what was once part of a 300,000 acre 
forested wetland known as the Great Black Swamp. Approximately 10% of 
the original habitat exists--mostly as modified, impounded wetland 
units formerly owned by agricultural or sport-hunting interests. Ottawa 
NWR was established on July 28, 1961, with land acquired under the 
authority of the Migratory Bird Conservation Act. The primary purpose 
of the refuge is for use as an inviolate sanctuary, or for any other 
management purpose, and for administration of areas of land, water, or 
interest therein to conserve and protect migratory birds in accordance 
with treaty obligations * * * and [to conserve] other species of 
wildlife found therein, including adequate wildlife habitat.
    The total refuge acreage is 8,318 acres of which 5,350 acres are 
either open pools, marsh, or moist soil units. The remaining acreage is 
a mixture of grassland and shrubland, fallow fields, wet meadows, 
forests (310 acres), and croplands (600 acres).
    Ottawa NWR is an important migration stopover for migratory birds. 
The refuge bird list contains 267 normally observed species. The refuge 
supports 32 native mammal species along with 53 indigenous amphibian 
and reptile species.
    Public hunting is to be used primarily as a management tool for 
balancing the white-tailed deer population objectives with other 
wildlife objectives, thereby inhibiting this species from impacting the 
quality of vegetative habitat. In addition, the proposed hunt will 
provide limited public hunting opportunities on the refuge. The deer 
population estimate at the refuge was determined from a winter 
helicopter survey. The refuge estimates indicate that the current deer 
population is at 47.3 deer per square mile. In Ohio, the buck harvest 
estimates indicate a pre-harvest density for Lucas and Ottawa counties 
of 0.6 and 0.9 deer per square mile. The refuge population estimate is 
315% above the upper end of average densities reported for the 
agricultural Midwest region. Wildlife managers expend a lot of time and 
money responding to deer-vehicle accident and crop depredation 
complaints. Without a hunting program specifically used as a management 
tool, the refuge deer population may degrade habitat quality not only 
for that population but other important species. Controlled access, 
blind placement and hunting opportunity in designated management zones 
and seasonal restrictions will limit human disturbance of wildlife and 

[[Page 36197]]
provide wildlife a refuge interior sanctuary.
    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 Ohio 
Division of 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. While there would be an 
increase in the sale of firearms, ammunition, hunting gear, etc., this 
proposed rule would have minimal effect on such entities as this is not 
a big hunting program and hunting is otherwise allowed in surrounding 
areas.

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 32.54 Ohio is amended by revising paragraph C. of Ottawa 
National Wildlife Refuge to read as follows:


Sec. 32.54  Ohio.

* * * * *

Ottawa National Wildlife Refuge

* * * * *
    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.
    2. Hunters are required to check in and out of the refuge each 
day that they hunt.
    3. No shooting from refuge roads or dikes is permitted.
* * * * *
    Dated: June 15, 1995.
George T. Frampton, Jr.,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 95-17193 Filed 7-12-95; 8:45 am]
BILLING CODE 4310-55-P