[Federal Register Volume 60, Number 230 (Thursday, November 30, 1995)]
[Rules and Regulations]
[Pages 61490-61492]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-29105]



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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: Final rule.

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SUMMARY: The U.S. Fish and Wildlife Service (Service) adds 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.

EFFECTIVE DATE: This rule is effective November 30, 1995.

FOR FURTHER INFORMATION CONTACT:
Stephen R. Vehrs, 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, consistent with the principles of sound wildlife management, and 
otherwise be in the public interest. This rulemaking opens Ottawa 
National Wildlife Refuge to big game (white-tailed deer) hunting.
    In the July 13, 1995, issue of the Federal Register, 60 FR 36196, 
the Service published a proposed rulemaking and invited public comment. 
All substantive comments were reviewed and considered following a 60-
day public comment period.
    Four organizations and two individuals provided comments opposing 
the rule based on the rationale that recreational deer hunting was not 
justified nor compatible with the primary purpose for which the refuge 
was established. These comments also indicated an opinion that the 
Service failed to show adequate evidence that the proposed reduction of 
deer numbers through hunting is based on solid scientific evidence, and 
that alternative herd reduction methods were considered.
    Comments further indicated that an explanation was not presented 
explaining that hunting could de-stabilize this refuge deer herd and 
cause a compensatory rebound of offspring within the hunted population, 
and that the majority of the public is opposed to hunting on national 
wildlife refuges.
    The Refuge Manager conducted a compatibility determination, on 
behalf of the Service, of the feasibility of deer hunting being applied 
as a management tool to control the refuge white-tailed deer population 
as well as to provide a quality wildlife-dependent recreational 
opportunity for deer hunters. The Manager's documented findings within 
the compatibility determination as well as within the environmental 
assessment were as follows: 1. The proposed white-tailed deer hunt was 
indeed compatible with the major purposes for which the refuge was 
established; 2. the proposed hunt was within the policy guidelines of 
the Service to be applied as both a herd management tool, and as a 
method to provide recreational opportunities for deer hunters; and 3. 
abundant scientific evidence exists which concludes that the 
recreational hunting of deer as a harvest technique is indeed a 
biologically sound practice, which could be expected to produce and 
sustain a healthy refuge white-tailed deer herd.
    Substantive comments were also received referencing the 
environmental assessment completed for this hunt proposal, and that the 
preferred alternative, which parallels the proposal outlined in this 
Federal Register notice, provides for wildlife-dependent recreation 
while effectively protecting and controlling deer populations within 
the refuge. Other comments supported hunting as a management tool to 
control deer depredations on private land surrounding the refuge.
    The Service agrees, of the alternative herd management methods 
proposed in the Refuge Environmental Assessment and adopted and 
presented in the Federal Register, recreational deer hunting is a 
biologically sound management technique that provides the best herd 
management and depredation control.
    Consideration was given to delaying this final rule for a 30-day 
period, however, it was determined by the Service that any further 
delay in the 

[[Page 61491]]
implementation of this refuge-specific regulation will hinder the 
effective planning and administration of the hunt. Public comment was 
received on this proposal during the Environmental Assessment planning 
phase as well as the 60-day comment period for this rule. A delay of an 
additional 30 days would specifically jeopardize holding the hunt this 
year, or shorten its duration and thereby lessen the herd management 
effectiveness of this regulation. Therefore, in accordance with (5 
U.S.C. 553(d)(3), the Service finds good cause to make this rule 
effective upon publication.

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 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, the Service 
has 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. The Service has 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 
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. The Service 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 
within the station budget to administer the proposed hunt.

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 program 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 

[[Page 61492]]
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 
these openings are not likely to adversely affect a listed species or 
its 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.

    For the reasons set forth in the preamble, Part 32 of chapter I of 
Title 50 of the Code of Federal Regulations is amended to read as 
follows:

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) 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: October 20, 1995.
George T. Frampton, Jr.,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 95-29105 Filed 11-29-95; 8:45 am]
BILLING CODE 4310-55-M