[Federal Register Volume 61, Number 120 (Thursday, June 20, 1996)]
[Rules and Regulations]
[Pages 31461-31463]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-15737]
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DEPARTMENT OF THE INTERIOR
50 CFR Part 32
RIN 1018-AD44
Addition of Great Bay National Wildlife Refuge to the List of
Open Areas for Hunting in New Hampshire
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Final rule.
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SUMMARY: The U.S. Fish and Wildlife Service (Service) adds Great Bay
National Wildlife Refuge to the list of areas open for hunting in New
Hampshire 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 at a national wildlife
refuge.
EFFECTIVE DATE: This rule is effective July 22, 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) 358-2397.
SUPPLEMENTARY INFORMATION: National wildlife refuges generally are
closed to hunting until opened by rulemaking. The Secretary of the
Interior (Secretary) may open refuge areas to hunting upon a
determination that such uses are compatible with the purpose(s) for
which the refuge was established. The action also must be in accordance
with provisions of all laws applicable to the areas, must be consistent
with the principles of sound wildlife management, and otherwise must be
in the public interest. The Service opens Great Bay National Wildlife
Refuge to hunting migratory birds, and big game.
In the November 29, 1995, issue of the Federal Register (60 FR
61237-61239) the Service published a proposed rulemaking and invited
public comment. A description of the refuge and the proposed hunting
program was provided. No comments were received during the 60-day
public comment period.
Statutory Authority
The National Wildlife Refuge System Administration Act (NWRSAA) of
1966, as amended (16 U.S.C. 668dd), and the Refuge Recreation Act of
1962 (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 of the Interior to permit the use of
any area within the Refuge System for any purpose, including but not
limited to, hunting, fishing and public recreation, accommodations and
access, when he determines that such uses are compatible with the major
purpose(s) for which the area was established.
The Refuge Recreation Act (RRA) authorizes the Secretary to
administer areas within the Refuge System for
[[Page 31462]]
public recreation as an appropriate incidental or secondary use only to
the extent that it is practicable and not inconsistent with the primary
purpose(s) for which the areas were established. The NWRSAA and the RRA
also authorize the Secretary to issue regulations to carry out the
purposes of the Acts and regulate uses.
In many cases, refuge-specific regulations are developed to ensure
the compatibility of the programs with the purposes for which the
refuge was established. Initial compliance with the NWRSAA and the RRA
has been ensured for hunting and sport fishing on newly acquired
refuges through an interim determination of compatibility made at the
time of acquisition. This has ensured that the determinations required
by these acts have been made prior to the addition of refuges to the
lists of areas open to hunting and fishing in 50 CFR part 32. Continued
compliance is ensured by the development of long-term hunting and sport
fishing plans and by annual review of hunting and sport fishing
programs and regulations.
The Service has 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 at national wildlife
refuges. Sufficient funds will be available within the refuge budget to
operate the hunting programs as proposed.
Paperwork Reduction Act
The Service has examined this regulation under the Paperwork
Reduction Act of 1995 and has found it to contain no information
collection requirements.
Economic Effect
Service review has revealed that this rulemaking will increase
hunter visitation to the surrounding area of the refuge before, during
or after recreational uses, compared to the refuge being closed to
these recreational uses. When the Service acquired this land, all
public use ceased under law until opened to the public in accordance
with this rulemaking.
This refuge is located away from large metropolitan areas.
Businesses in the area consist primarily of small family owned stores,
restaurants, gas stations and other small commercial enterprises. In
addition, there are several small commercial and recreational hunting
camps and marinas in the general area. This final rule would have a
positive effect on such entities; however, the amount of revenue
generated is not large.
Many area residents enjoy a rural lifestyle that includes frequent
recreational use of the abundant natural resources of the area. A high
percentage of the households enjoy hunting, fishing, and boating in
area wetlands, rivers and lakes. Refuge lands were not generally
available for general public use prior to government acquisition;
however, they were fished and hunted upon by friends and relatives of
the landowners , and some were under commercial hunting and fishing
leases. Many nearby residents also participate in other forms of
nonconsumptive outdoor recreation, such as biking, hiking, camping,
birdwatching, canoeing, and other outdoor sports.
Economic impacts of refuge fishing and hunting programs on local
communities are calculated from average expenditures in the ``1995
National Survey of Fishing, Hunting, and Wildlife-Associated
Recreation''. In 1995, 42 million U.S. residents 16 years old and older
hunted and/or fished. More specifically, 37 million fished and 14.5
million hunted. Those who both fished and hunted account for the 9.5
million overage. Nationwide expenditures by sportsmen totaled $42
billion. Trip-related expenditures for food, lodging, and
transportation were $16 billion or 37 percent of all fishing and
hunting expenditures; equipment expenditures amounted to $19 billion,
or 46 percent of the total; other expenditures such as those for
magazines, membership dues, contributions, land leasing, ownership,
licenses, stamps, tags, and permits accounted for $6.9 billion, or 16
percent of all expenditures. Overall, anglers spent an average of $41
per day. For each day of hunting, big game hunters averaged spending
$40, small game hunters $20, and migratory bird hunters $33. Applying
these national averages to projected visitation at Great Bay National
Wildlife Refuge, 500 hunters are expected to spend $20,000 annually in
pursuit of their sport.
This rulemaking was not subject to review by the Office of
Management and Budget under Executive Order 12866. A review under the
Regulatory Flexibility Act of 1980 (5 U.S.C. 601 et seq.) has revealed
that this rulemaking would not have a significant effect on a
substantial number of small entities, which include businesses,
organizations, or governmental jurisdictions. Hunters and or fishermen
increase visitation and expenditures in the surrounding area of the
refuge and contribute in a positive manner, but the total amounts are
not significant to the local area, therefore, this rule would have
minimal effect on such entities.
Federalism
This rule will not have substantial direct effects on the States,
in their relationship between the Federal 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, the Service has determined that this rule does not have
sufficient Federalism implications to warrant the preparation of a
Federalism Assessment.
Unfunded Mandates
The Service has determined and certifies pursuant to the Unfunded
Mandates Act, 2 U.S.C. 1502 et seq., that this rulemaking will not
impose a cost of $100 million or more in any given year on local or
State governments or private entities.
Civil Justice Reform
The Service has determined that these final regulations meet the
applicable standards provided in Sections (a) and (b) of Executive
Order 12988.
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 was 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
pursuant to the Endangered Species Act was conducted. The Service
determined that the final action will not affect any Federally listed
or proposed for listing threatened or endangered species or their
critical habitats. These documents are on file at the offices of the
Service and may be reviewed by contacting the primary author.
Primary Author
Stephen R. Vehrs, Division of Refuges, U.S. Fish and Wildlife
Service, Washington, DC 20240, is the primary author of this rulemaking
document.
List of Subjects in 50 CFR Part 32
Fishing, Hunting, 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 follows:
PART 32--[AMENDED]
1. The authority citation for Part 32 continues to read as follows:
[[Page 31463]]
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 to add the alphabetical listing of ``Great Bay
National Wildlife Refuge'' under the State of New Hampshire.
3. Section 32.48 New Hampshire is amended by adding the
alphabetical listing of Great Bay National Wildlife Refuge to read as
follows:
Sec. 32.48 New Hampshire.
Great Bay National Wildlife Refuge
A. Hunting of Migratory Game Birds. Hunting of migratory game birds
is permitted on designated areas of the refuge subject to the following
conditions:
1. Waterfowl hunting will not require a permit. Hunting will be
allowed only from the immediate shoreline of the Bay.
2. Only portable blinds are permitted. All decoys, blinds, and
boats must be removed after each day's hunt.
3. Waterfowl hunters will access shorelines by boat only.
B. Upland Game Hunting. [Reserved]
C. Big Game Hunting. Hunting of deer is permitted on designated
areas of the refuge subject to the following conditions:
1. Refuge Permits are required for the deer hunt.
2. Big game hunters are required to wear, in a conspicuous manner
on the head, chest and back, a minimum of 400 square inches of solid-
colored blaze orange clothing or material.
D. Sport Fishing. [Reserved]
* * * * *
Dated: March 15, 1996.
George T. Frampton, Jr.,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 96-15737 Filed 6-19-96; 8:45 am]
BILLING CODE 4310-55-P