[Federal Register Volume 61, Number 120 (Thursday, June 20, 1996)]
[Rules and Regulations]
[Pages 31459-31461]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-15738]



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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 32

RIN 1018-AD43


Addition of Ohio River Islands National Wildlife Refuge to the 
List of Open Areas for Sport Fishing in West Virginia, Pennsylvania, 
and Kentucky

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Final rule.

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SUMMARY: The U.S. Fish and Wildlife Service (Service) adds Ohio River 
Islands National Wildlife Refuge to the list of areas open for sport 
fishing in West Virginia, Pennsylvania, and Kentucky, 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 fish and wildlife 
management, helps implement Executive Order 12962, (Recreational 
Fisheries), 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, Division of Refuges, 
U.S. Fish and Wildlife Service, Washington, DC 20240; Telephone (703) 
358-2397.

SUPPLEMENTARY INFORMATION: National wildlife refuges generally are 
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 also 
must be in accordance with provisions of all laws applicable to the 
areas, must be consistent with the principles of sound fish and 
wildlife management, and must otherwise be in the public interest. This 
rulemaking opens Ohio River Islands National Wildlife Refuge to sport 
fishing.
    In the November 29, 1995, issue of the Federal Register (60 FR 
61239-61240) the Service published a proposed rulemaking and invited 
public comment. A description of the refuge and the proposed fishing 
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 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

[[Page 31460]]

consistent with principles of sound fish and wildlife management, helps 
implement Executive Order 12962 (Recreational Fisheries), 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 and sport 
fishing programs as proposed.

Ohio River Islands National Wildlife Refuge

    Established in 1990, the Ohio River Islands National Wildlife 
Refuge is located on the Ohio River from Shippingport, Pennsylvania to 
Manchester, Ohio. There are currently eighteen islands in the refuge 
totaling 1,020 acres. Through ongoing acquisition efforts, the refuge 
has the potential to include all, or a portion of, 38 islands located 
along 362 river miles encompassing up to 3,500 acres of wildlife 
habitat.
    The Ohio River islands and their back channels are recognized for 
high quality fish and wildlife, recreation, scientific, and natural 
heritage values. These areas provide some of the regions' highest 
quality riverine, wetland, and bottomland habitats, and are used by 
waterfowl, shorebirds, songbirds, warmwater fish, and freshwater 
mussels.
    The Ohio River Islands National Wildlife Refuge was established 
under the authority of the Fish and Wildlife Act of 1956 (16 U.S.C. 
742a-742j). The refuge's primary purposes are: ``* * * for the 
development, advancement, management, conservation and protection of 
fish and wildlife resources'', and ``for the benefit of the United 
States Fish and Wildlife Service, in performing its activities and 
services.'' The objectives of the sport fishing program are to:
    (1) Provide for the wise use of renewable natural resources;
    (2) provide an opportunity for sport fishing and minimal; 
interference from other anglers and freedom to participate in a natural 
setting; and
    (3) provide sport fishing opportunity when such use was not 
detrimental to the refuge's primary objective and is compatible with 
other wildlife-dependent recreation.
    A total of 55 species of fish were collected by the West Virginia 
Department of Natural Resources and the Service in the vicinity of the 
islands. The shallow water areas against the islands, particularly the 
back channels, are important nursery areas for a variety of game fish. 
Opening the refuge to sport fishing will have a negligible impact on 
the fishery resource.
    The 18 refuge islands comprise 1,020 acres, and State surveys of 
recreational fishing indicate little impact has been realized on the 
island habitats. The overwhelming majority of fish harvest occurs at 
dam tailwaters and main channel borders.
    Opening the refuge to fishing is compatible with refuge purposes. 
The fishing program will be reviewed, as appropriate, to ensure that 
sensitive habitats are protected from disturbance. Sufficient funds 
will be available within the refuge budget to operate this fishing 
program.

Paperwork Reduction Act

    The Service has examined this regulation under the Paperwork 
Reduction Act of 1995 and found it to contain no information collection 
requirements.

Economic Effect

    Service review has revealed that this rulemaking will increase 
fishermen 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 fishing 
and hunting camps and marinas in the general area. This 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 hunting and fishing 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 Ohio River Islands 
NWR results in the following: 1200 fisherman are expected to spend 
$12,200 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

[[Page 31461]]

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 Effects

    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 this 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 making preliminary arrangements with the primary 
author noted below.
    Primary Author: Stephen R. Vehrs, Division of Wildlife 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

    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:

    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 by alphabetical adding ``Ohio River Islands 
National Wildlife Refuge'' to the States of Kentucky and Pennsylvania.
    3. Section 32.36 Kentucky is amended by adding ``Ohio River Islands 
National Wildlife Refuge'' in alphabetical order to read as follows:


Sec. 32.36  Kentucky.

* * * * *

Ohio River Islands National Wildlife Refuge

    A. Hunting of Migratory Game Birds. [Reserved]
    B. Upland Game Hunting. [Reserved]
    C. Big Game Hunting. [Reserved]
    D. Sport Fishing. Sport fishing is permitted on designated areas of 
the refuge under Kentucky's State fishing regulations and guidelines, 
unless otherwise posted on the refuge.
* * * * *
    4. Section 32.57, Pennsylvania is amended by adding ``Ohio River 
Islands National Wildlife'' alphabetically to read as follows:


Sec. 32.57  Pennsylvania.

* * * * *

Ohio River Islands National Wildlife Refuge

    A. Hunting of Migratory Game Birds. [Reserved]
    B. Upland Game Hunting. [Reserved]
    C. Big Game Hunting. [Reserved]
    D. Sport Fishing. Sport fishing is permitted on designated areas of 
the refuge under Pennsylvania's State fishing regulations and 
guidelines, unless otherwise posted on the refuge.
* * * * *
    5. Section 32.68, West Virginia is amended by revising paragraph D, 
under ``Ohio River Islands National Wildlife Refuge'' to read as 
follows:


Sec. 32.68  West Virginia.

* * * * *

Ohio River Islands National Wildlife Refuge

* * * * *
    D. Sport fishing. Sport fishing is permitted on designated areas of 
the refuge under West Virginia's State regulations and guidelines, 
unless otherwise posted on the refuge.
* * * * *
    Dated: April 16, 1996.
George T. Frampton, Jr.,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 96-15738 Filed 6-19-96; 8:45 am]
BILLING CODE 4310-55-P