[Federal Register Volume 61, Number 121 (Friday, June 21, 1996)]
[Proposed Rules]
[Pages 31906-31908]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-15131]



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DEPARTMENT OF THE INTERIOR
50 CFR Part 32

RIN 1018-AD89


Addition of Boyer Chute National Wildlife Refuge to the List of 
Open Areas for Sport Fishing in Nebraska

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule.

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SUMMARY: The U.S. Fish and Wildlife Service (Service) proposes to add 
Boyer Chute National Wildlife Refuge to the list of areas open for 
sport fishing in Nebraska 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, and is otherwise 
in the public interest by providing additional recreational 
opportunities at a renewable natural resource area.

DATES: Comments may be submitted on or before 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 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 otherwise must be in the public interest. The 
Service proposes to open Boyer Chute National Wildlife Refuge to sport 
fishing.

Request for Comments

    Department of the Interior policy is, whenever practicable, to 
afford the public a meaningful opportunity to participate in the 
rulemaking process. A 30-day comment period is specified in order to 
facilitate public input. Accordingly, interested persons may submit 
written comments concerning this proposed rule to the person listed 
above under the heading ADDRESSES. All substantive comments will be 
reviewed and considered.

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.
    Hunting and sport fishing plans are developed for each existing 
refuge prior to opening it to hunting or fishing. 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 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.

Opening Package

    In preparation for this opening, the following documents are 
included in the refuge's ``openings package'' for Regional review and 
approval from the Washington Office: a fishing management plan; an 
environmental assessment; a Finding of No Significant Impact (FONSI); a 
Section 7 evaluation or statement, pursuant to the Endangered Species 
Act, that this opening is not likely to adversely affect a listed 
species or critical habitat; a letter of concurrence from the affected 
State; and refuge-specific regulations to administer fishing programs. 
Upon review of these documents, the Secretary has determined that the 
opening of the Boyer Chute National Wildlife Refuge to sport fishing is 
compatible with the principles of sound fish and wildlife management 
and otherwise will be in the public interest. A brief description of 
the refuge program follows.

Boyer Chute National Wildlife Refuge

    Boyer Chute National Wildlife Refuge, located in Washington County, 
Nebraska, comprises approximately 2,000 acres of bottomland forest,

[[Page 31907]]

irrigated cropland, and wetland habitat. The majority of the refuge 
consists of an island between the Missouri River and the restored river 
chute, for which the refuge was named with additional land bordering 
the west bank of Boyer Chute. The Service established the refuge to 
provide the diversity associated with river floodplain, chutes and 
bottomlands; and with secondary goals to provide educational 
opportunities and compatible outdoor recreation. Refuge objectives are 
to:
     Provide resting, feeding, nesting, and migration habitat 
for waterfowl and other birds.
     Provide nesting, feeding, and resting habitat for the 
fisheries resources that make use of the chute and backwaters. The 
Missouri River floodplain serves as one of the more important migration 
corridors for waterfowl, shorebirds, birds of prey, and songbirds;
     Protect endangered and threatened species and their 
habitats. The bald eagle, a federally-listed threatened species, 
winters along the Missouri River. The lake and pallid sturgeon, known 
to exist at the mouth of the Platte River, could exist in Boyer Chute;
     Protect, restore, and manage wetlands, bottomland forests, 
and backwater chute habitat in support of the North American Waterfowl 
Management Plan and the National Wetlands Priority Conservation Plan.
    Fishing opportunities primarily will focus on bank fishing along 
the Boyer Chute and near the inlet and outlet to the chute in the 
Missouri River. The Service will provide access to numerous locations 
via two canoe launch boat ramps and five additional fishing access 
points to distribute fishing pressure. Fishing, along the river or on 
the interior ``island,'' will require foot travel over trails. Natural 
access limitations such as seasonal water levels, which could restrict 
use and limit walk-in access, will ensure that wildlife and habitat 
management goals are maintained. It is doubtful that the average angler 
will travel over a quarter-mile on foot to fish.
    The Boyer Chute Refuge and the Missouri River support a naturally-
occurring fishery resource. The Service will open the refuge year-round 
for fishing use, but may limit access seasonally. Low Missouri River 
water levels in the fall may limit fishing opportunities during the 
winter in the chute, and flooding may periodically occur.
    Numbers and species of fish and wildlife allowed to be taken along 
with the permitted methods of taking, are the same as current State of 
Nebraska (State) regulations. Specific refuge regulations as delineated 
in this proposed opening will supplement State fishing regulations. The 
Service and the State will perform enforcement activities on the chute. 
The Service will regulate and monitor bank fishing activities during 
routine patrol of the refuge. The refuge manager also has discretion to 
close all or portions of the refuge for public safety or resource 
protection.

Paperwork Reduction Act

    This regulation has been examined under the Paperwork Reduction Act 
of 1995 and has been found 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.
    The 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 proposed 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 program 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 Boyer 
Chute NWR results in the following: 500 fisherman are expected to spend 
$20,500 annually while fishing on the refuge. While many of these 
fishermen already made such expenditures prior to the refuge opening, 
minor amounts of these additional expenditures are directly due to the 
land now being open to the general public.
    This rulemaking was not subject to Office of Management and Budget 
review under Executive Order 12866. A review under the Regulatory 
Flexibility Act of 1980 (5 U.S.C. 601 et seq.) has revealed that the 
rulemaking would increase visitation and expenditures in the 
surrounding area of the refuge. The rulemaking would not have a 
significant effect on a substantial number of small entities in the 
area, such as businesses, organizations and governmental jurisdictions.

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 proposed action is not likely to adversely 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.

Unfunded Mandates

    The Service has determined and certifies pursuant to the Unfunded 
Mandates Act, 2 U.S.C. 1502 et seq., that

[[Page 31908]]

this rulemaking will not impose a cost of $100 million or more in any 
given year on local or State governments or private entities.

    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 proposed to be 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 adding the alphabetical listing of ``Boyer Chute National 
Wildlife Refuge'' under the State of Nebraska.
    3. Section 32.46 Nebraska is amended by adding in alphabetical 
listing of Boyer Chute National Wildlife Refuge to read as follows:


Sec. 32.46  Nebraska.

* * * * *

Boyer Chute National Wildlife Refuge

    A. Hunting of Migratory Game Birds. [Reserved]
    B. Upland Game Hunting. [Reserved]
    C. Big Game Hunting. [Reserved]
    D. Sport Fishing. Designated areas of the refuge are open in 
accordance with State fishing regulations and the special conditions 
that follow:
    1. Personally-attended hook and line fishing is permitted, 
during daylight hours only.
    2. Only non-motorized vessels are permitted in the Chute. 
Vessels may not be left on the refuge overnight,
    3. No floating, limb, or trot lines are permitted.
    4. No bow, crossbow, snagging, or spear fishing is allowed.
    5. No bait digging, netting, frog, or mussel (clam) collecting 
is allowed.
* * * * *
    Dated: June 3, 1996.
George T. Frampton, Jr.
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 96-15131 Filed 6-20-96; 8:45 am]
BILLING CODE 4310-55-P