[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