[Federal Register Volume 60, Number 229 (Wednesday, November 29, 1995)]
[Rules and Regulations]
[Pages 61211-61213]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-29100]



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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: Final rule.

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SUMMARY: The U.S. Fish and Wildlife Service (Service) adds Deep Fork 
National Wildlife Refuge to the list of areas open for sport fishing in 
Oklahoma along with pertinent refugee-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 
resources.

EFFECTIVE DATE: This rule is effective December 29, 1995.

FOR FURTHER INFORMATION CONTACT:
Stephen R. Vehrs, Division of Refuges, U.S. Fish and Wildlife Service, 
Washington, DC 20240; Telephone (703) 358-2029, X-5242.

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 opens Deep Fork National Wildlife Refuge to sport fishing.
    In the July 13, 1995, issue of the Federal Register, 60 FR 36200, 
the Service published a proposed rulemaking and invited public comment. 
No comments were received during the 60-day public comment period.

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 the Secretary determines that such 
uses are compatible with the purposes for which each refuge was 
established. The Director of the U.S. Fish and Wildlife Service 
(Director), administers the Refuge System on behalf of the Secretary. 
The RRA gives the Secretary additional authority to administer 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 included in its 
``opening 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, the Service has 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, the Service also 
determined that this opening for sport fishing is 

[[Page 61212]]
compatible and consistent with the primary purposes for which the 
refuge was established. The Service has also determined that there are 
sufficient funds to administer the fishing program. 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 will eventually 
include 16,104 acres. The refuge is located along the Deep Fork River 
in Oklahoma.
    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. 
Sec. 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. 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 Deep Fork River 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.
    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 will be approximately 3,500 use-days of sport fishing annually at 
the refuge.
    Bank fishing will be allowed on the refuge year-around. Fishing 
will be permitted on the sloughs separated from the river from March 1 
through September 30 with pole and line only. Use of firearms is 
prohibited. The public will be allowed to bank fish along the Deep Fork 
River within the refuge boundary. They will also be permitted to launch 
small hand-powered boats or canoes from the bank. Improved boat ramps 
will not be available. Signs will be placed at major access points 
showing the fishing regulations. In addition, maps and printed refuge-
specific regulations will be available. The refuge views this initial 
sport fishing program as ``interim,'' as further acquisition within the 
refuge boundary will require revisions and amendments to the plan in 
the future.
    Species available, but not limited to, 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 are consistent with state 
regulations and will be observed on the refuge.

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 Public Law 104-13 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 is 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 will not have a significant effect on a substantial 
number of small entities, which include businesses, organizations or 
governmental jurisdictions. While the fishing program could increase 
the fishing licenses purchased and boost sales of fishing gear and 
tackle, the impact is not as significant as other surrounding areas. 
Also, opening the refuge to fishing and the addition of the refuge to 
local fishing waters will be only proportionally relevant to small 
entities. Therefore, this 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 Federal Government and the States, or 
on the distribution of power and responsibilities among their various 
levels. Therefore, in accordance with Executive Order 12612, it is 
determined that this rule does not have sufficient Federalism 
implications to warrant preparing 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 or their habitats.

    Primary Author: Stephen R. Vehrs, 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.


Sec. 32.7  [Amended]

    2. Section 32.7 List of refuge units open to hunting and/or fishing 
is amended by adding the alphabetical 

[[Page 61213]]
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.]
    D. Sport Fishing. Sport fishing for channel catfish, flathead 
catfish, blue catfish, crappie, white bass, large mouth bass and other 
species is permitted on designated areas of the refuge in accordance 
with State regulations and pursuant to the following special refuge 
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 on the refuge.
    3. The use of firearms is prohibited.
* * * * *
    Dated: October 25, 1995.
George T. Frampton, Jr.,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 95-29100 Filed 11-28-95; 8:45 am]
BILLING CODE 4310-55-M