[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]



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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.

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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