[Federal Register Volume 61, Number 29 (Monday, February 12, 1996)] [Proposed Rules] [Pages 5354-5356] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 96-3008] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF THE INTERIOR National Park Service 36 CFR Part 7 RIN 1024-AC33 Shenandoah National Park, Recreational Fishing AGENCY: National Park Service, Interior. ACTION: Proposed rule. ----------------------------------------------------------------------- SUMMARY: The National Park Service (NPS) is proposing to remove the special fishing regulations for Shenandoah National Park. The general NPS fishing regulations and the regulations on closures and public use limits are sufficient to allow for the proper management of fishing at Shenandoah National Park. This duplication of regulations is often confusing and unnecessary. DATES: Written comments will be accepted through April 12, 1996. ADDRESSES: All comments should be addressed to: Superintendent, Shenandoah National Park, Route 4 Box 348, Luray, VA 22835. FOR FURTHER INFORMATION CONTACT: Greg Stiles, Leader, Resource and Visitor Protection Services, Shenandoah National Park, Route 4 Box 348, Luray, VA 22835, Telephone (540) 999-3401. SUPPLEMENTARY INFORMATION: Background The fishing regulations that are currently in use for Shenandoah National Park are codified at 36 CFR 7.15(a). These regulations: (1) Permit recreational fishing in selected streams of the Park as designated by the Superintendent; (2) establish seasons, creel and size limits; and (3) establish licensing requirements. This proposed rulemaking will delete subsection 7.15(a) of 36 CFR pertaining to recreational fishing in Shenandoah National Park and exclusively adopt the general regulations found at 36 CFR 1.5 (Closures and public use limits) and 2.3 (Fishing). Inherent to this proposal is the need to provide for protection and management of the Park's fisheries resources and to encourage partnerships with state agencies through regulatory review. Section-by-Section Analysis 1. Open Waters and Applicability. The general regulations for Fishing, found at 36 CFR 2.3, establish that fishing in the parks, except in designated areas, will be in accordance with nonconflicting State laws and regulations within whose exterior [[Page 5355]] boundaries a park area is located. Existing State fishing regulations are sufficient for the proper management of the fisheries at Shenandoah National Park. The opening, closing and public use limits for recreational fishing in the park requires an annual review by park management. Any possible changes in public use associated with fisheries resources is adequately covered in 36 CFR 1.5. Therefore, special regulation 36 CFR 7.15(a)(1) Open Waters is not necessary and will be removed. 2. Applicability. Because the NPS is proposing to remove all special regulations pertaining to fishing, a separate paragraph on the applicability of special fishing regulations in Sec. 7.15 is not necessary. Therefore, 36 CFR 7.15(a)(2) Applicability, will be removed. 3. Season. The State of Virginia has established a year-round open season to permit fishing in all state-designated trout streams. Special regulation 36 CFR 7.15(a) established an opening date that coincided with the State opening date, which no longer exists. However, 36 CFR 2.3 Fishing provides for recreational fishing, except in designated areas, in accordance with the laws and regulations of the State. 36 CFR 1.5(a)(2) allows the park to designate areas for a specific use or activity, or impose conditions or restrictions on a use or activity. This will allow the park to establish limits in certain designated areas when necessary. Therefore, 36 CFR 7.15(a)(3) is no longer needed and will be removed. 4. License. 36 CFR 2.3 establishes that fishing in the parks will be in accordance with State laws. All persons 16 years and older fishing in Shenandoah National Park must have a Virginia State fishing license in his/her possession. Since there is no need for a special regulation for licensing, 36 CFR 7.15(a)(4) will be removed. 5. Size and Creel Limits. The State of Virginia has increased the minimum size limit for trout from eight inches to nine inches and has a maximum creel limit of six fish, compared to the current limit of five fish in the park. To avoid confusion and to be consistent with the limits established by the State, the park will use the State's limits. Size and creel limits for other species of game-fish caught in the park will also be the same as those limits designated by the State of Virginia. Special regulations concerning size and creel limits are not needed as 36 CFR 2.3 Fishing would apply. Therefore, 36 CFR 7.15(a)(5) and 36 CFR 7.15(a)(6) will be removed. 6. Lures; bait. 36 CFR 2.3 Fishing currently regulates the use of bait, and the State of Virginia permits only the use of a single hook, which may be barbed or barbed-less. A special regulation concerning lures and bait is not necessary, therefore 36 CFR 7.15(a)(7) will be removed. 7. Fish for Fun. The term ``fish for fun'' is normally associated with activities provided by fish stocking programs in specially designated streams. Fish stocking does not occur within the Park. However, the State law for ``Catch and Release'' adequately allows for the protection of native and non-native fish populations on designated streams. 36 CFR 1.5(a)(2) and 36 CFR 2.3(a) allow for the designation of ``Catch and Release'' streams that are consistent with State regulations. Therefore, 36 CFR 7.15(a)(8) is not necessary and will be removed. Public Participation It is the policy of the Department of the Interior, whenever practicable, to afford the public an opportunity to participate in the rulemaking process. Accordingly, interested persons may submit written comments regarding this proposed rule to the address noted at the beginning of this rulemaking. The NPS will review all comments and consider making changes to the rule based upon an analysis of the comments. Drafting Information: The process used to develop this proposed rule included numerous reviews by Park staff, consultations with Virginia Department of Game and Inland Fisheries Biologists and consultations with numerous fisheries biologists from other parks, agencies, research institutions and organizations. The primary authors of this rulemaking are William J. Cook, Center for Resources and Greg Stiles, Resource and Visitor Protection Services, Shenandoah National Park; and Dennis Burnett, Washington Office of Ranger Activities. Paperwork Reduction Act This proposed rule does not contain collections of information requiring approval by the Office of Management and Budget under the Paperwork Reduction Act of 1995. Compliance With Other Laws This rule was not subject to Office of Management and Budget review under Executive Order 12866. The Department of the Interior determined that this document will not have a significant economic effect on a substantial number of small entities under the Regulatory Flexibility Act (5 USC 601 et seq.). The economic effects of this rulemaking are local in nature and negligible in scope. The NPS has determined that this proposed rulemaking will not have a significant effect on the quality of the human environment, health and safety because it is not expected to: (a) Increase public use to the extent of compromising the nature and character of the area or causing physical damage to it; (b) Introduce incompatible uses which compromise the nature and character of the area or causing physical damage to it; (c) Conflict with adjacent ownerships or land uses; or (d) Cause a nuisance to adjacent owners or occupants. Based on this determination, the regulation is categorically excluded from the procedural requirements of the National Environmental Policy Act (NEPA) by Departmental guidelines in 516 DM 6 (49 FR 21438). As such, neither an Environmental Assessment (EA) nor an Environmental Impact Statement (EIS) has been prepared. This proposed rulemaking is consistent with and supportive of Executive Order 12962, Recreational Fisheries, issued June 7, 1995. Through this Executive Order, Federal Agencies shall, to the extent permitted by law and where practicable, and in cooperation with States and Tribes, improve the quantity, function, sustainable productivity and distribution of U.S. aquatic resources for increased recreational fishing opportunities. Establishment of this rulemaking is consistent with the extent and purposes of the Fish and Wildlife Act of 1956 (16 U.S.C. 742a-d, and e-j), the Fish and Wildlife Coordination Act (16 U.S.C. 661-666c) and the Magnuson Fishery Conservation and Management Act (16 U.S.C. 1801-1882). List of Subjects in 36 CFR Part 7 National parks, Reporting and recordkeeping requirements. In consideration of the foregoing, it is proposed to amend 36 CFR Chapter I as follows: PART 7--SPECIAL REGULATIONS, AREAS OF THE NATIONAL PARK SYSTEM 1. The authority citation for Part 7 continues to read as follows: Authority: 16 U.S.C. 1, 3, 9a, 460(q), 462(k), Section 7.96 also issued under D.C. Code 8-137 (1981) and D.C. Code 40-721 (1981). Sec. 7.15 [Amended] 2. Section 7.15 is amended by removing paragraph (a) and redesignating paragraphs (b) through (d) as new paragraphs (a) through (c). [[Page 5356]] Dated: December 21, 1995. George T. Frampton, Jr., Assistant Secretary for Fish and Wildlife and Parks. [FR Doc. 96-3008 Filed 2-9-96; 8:45 am] BILLING CODE 4310-70-P