[Federal Register Volume 60, Number 229 (Wednesday, November 29, 1995)]
[Proposed Rules]
[Pages 61239-61240]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-29107]
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DEPARTMENT OF THE INTERIOR
50 CFR Part 32
RIN 1018-AD43
Addition of Ohio River Islands National Wildlife Refuge to the
List of Open Areas for Sport Fishing in West Virginia
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
Ohio River Islands National Wildlife Refuge to the list of areas open
for sport fishing in West Virginia 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 January 29, 1996.
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:
Stephen R. Vehrs, at the address above; 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 proposed to open Ohio River Islands 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, the Service has determined that the
opening of the Ohio River Islands 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 has 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:
Ohio River Islands National Wildlife Refuge
Established in 1990, the Ohio River Islands National Wildlife
Refuge is located on the Ohio River from Shippingport, Pennsylvania to
Manchester, Ohio. There are currently eighteen islands in the refuge
totaling 1,020 acres. Through ongoing acquisition efforts, the refuge
has the potential to include all, or portion of, 38 islands located
along 362 river miles encompassing up to 3,500 acres of wildlife
habitat.
The Ohio River islands and their back channels are recognized for
high quality fish and wildlife, recreation, scientific, and natural
heritage values. These areas provide some of the regions' highest
quality riverine, wetland, and bottomland habitats, and are used by
waterfowl, shorebirds, songbirds, warmwater fish, and freshwater
mussels.
The Ohio River Islands National Wildlife Refuge was established
under the authority of the Fish and Wildlife Act of 1956 (16 U.S.C.
742a-742j). The refuge's primary purposes is
``* * * 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.'' The objectives of the sport fishing program
are (1) to provide for the wise use of renewable natural resources, (2)
provide an opportunity for sport fishing and minimal interference from
other anglers and freedom to participate in a natural setting, and (3)
provide sport fishing opportunity when
[[Page 61240]]
such use will not be detrimental to the refuge's primary objective and
that will be compatible with other wildlife-oriented recreation.
A total of 55 species of fish have been collected by the West
Virginia Department of Natural Resources and the Service in the
vicinity of the islands. The shallow water areas against the islands,
particularly the back channels, are important nursery areas for a
variety of game fish. With respect to the impact on the fishery
resource itself, opening the refuge to sport fishing would have a
negligible impact.
The 18 refuge islands consist on only 1,020 acres and State surveys
of recreational fishing indicate that only a small percentage of impact
would be realized on the island habitats. The overwhelming majority of
fish harvest occurs at dam tailwaters and main channel borders.
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. The Service determined that the
proposed action will not 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 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 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
the opening of the refuge for sport fishing will not affect any
identified threatened or endangered species or designated critical
habitat.
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 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. 32.68 [Amended]
2. Section 32.68 West Virginia is amended by adding paragraph D,
under ``Ohio River Islands National Wildlife Refuge'' to read as
follows:
Sec. 32.68 West Virginia.
Ohio River Islands National Wildlife Refuge
* * * * *
D. Sport Fishing. Sport fishing is permitted on designated areas of
the refuge pursuant to the following condition: Fishing will be
conducted during West Virginia's State fishing seasons and under West
Virginia's State regulations and guidelines, unless otherwise posted on
the refuge.
* * * * *
Dated: October 20, 1995.
George T. Frampton, Jr.,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 95-29107 Filed 11-28-95; 8:45 am]
BILLING CODE 4310-55-M