[Federal Register Volume 61, Number 121 (Friday, June 21, 1996)]
[Proposed Rules]
[Pages 31895-31897]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-15132]



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DEPARTMENT OF THE INTERIOR
50 CFR Part 32

RIN 1018-AD86


Addition of Patoka River National Wildlife Refuge and Management 
Area to the List of Open Areas for Hunting and Sport Fishing in Indiana

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 
Patoka River National Wildlife Refuge and Management Area to the list 
of areas open for hunting and sport fishing in Indiana 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 national wildlife refuge.

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 Patoka River National Wildlife Refuge and 
Management Area to hunting migratory birds, upland game, big game and 
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

[[Page 31896]]

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 hunting and 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 
the hunting and fishing programs. Upon review of these documents, the 
Secretary has determined that the opening of the Patoka River National 
Wildlife Refuge and Management Area to hunting and 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.

Patoka River National Wildlife Refuge and Management Area

    Patoka River National Wildlife Refuge and Management Area is 
located in Southwestern Indiana. The Refuge portion of the project 
encompasses 6,800 acres. The area designated as Wildlife Management 
Area includes 15,283 acres, for a total project size of 22,083 acres.
    Since the area to be opened for hunting and fishing is presently 
less than 2,000 acres, the anticipated hunter and angler use will be 
small, probably consisting of approximately 300-500 use days per year. 
Use will likely increase as additional areas are purchased and made 
available. The following are hunting and fishing objectives for the 
refuge:
     To open lands to compatible recreational hunting as soon 
as sufficient land has been acquired and biological data collected to 
properly manage wildlife populations;
     To open all suitable lands to compatible waterfowl 
hunting, other than those lands needed to provide essential sanctuary;
     To open lands to all forms of compatible traditional 
resident game hunting after coordination with the Indiana Division of 
Fish and Wildlife;
     To assure, either spatially or chronologically, that 
hunting use and general public use do not conflict or encroach upon 
each other;
     To allow compatible sport fishing within the framework of 
Indiana Division of Fish and Wildlife regulations, subject to 
additional regulation by the Service;
     To encourage additional compatible use of the Patoka 
River's fisheries resources by providing increased/improved access to 
the river and its oxbows.
    The hunting and fishing program is in direct support of the refuge 
objective to increase public opportunities for outdoor recreation by 
providing 300 to 500 use days immediately. As more land is acquired 
these figures will increase accordingly. All proposed hunting and 
fishing will be in accordance with state seasons and regulations.
    Predominate waterfowl of the area are Canada geese, mallards and 
wood ducks, however, other species common to the flyway also occur at 
the site. Federal and State regulations permit hunting to utilize 
harvestable surpluses of resident game and migratory birds and to 
tailor harvest opportunities to local management needs. These 
regulations permit harvests that are consistent with the well being of 
waterfowl and game animal populations that utilize the area. A major 
priority on the refuge is the re-establishment of native hardwood 
trees. The harvest of white-tailed deer and cottontail rabbit, however 
small, can improve seedling survival and growth. As refuge land 
ownership increases, this harvest may become an increasingly important 
component of the reforestation strategy.
    Fish populations in refuge waters are healthy and can support 
recreational fishing at least to levels that occurred prior to Service 
acquisition. Surveys of the Patoka River in conjunction with 
preparation of the environmental impact statement verified that 
populations of fish most often targeted by sport fishermen are 
sufficient to sustain a recreational fishery. Allowing sport fishing in 
refuge waters will not inhibit other priority refuge objectives.
    Orientation will be facilitated by the use of a hunting regulation 
leaflet with a map delineating areas open for hunting and fishing. 
These are available at refuge headquarters and posted at field 
locations near traditional parking areas. The Service will update the 
leaflets as new lands are acquired and approved for inclusion into the 
hunting and fishing program. Because of the patchwork land 
characteristics of newly established refuges, the public will be 
apprised of the need to obtain landowner permission when refuge lands 
are landlocked and lack public access.

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 
hunter and 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 proposed rule 
would have a positive effect on such entities;

[[Page 31897]]

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 Patoka 
River NWR results in the following: 500 fisherman are expected to spend 
$20,500 annually in pursuit of their sport, while an estimated 500 
hunters will spend $16,500 annually hunting on the refuge. While many 
of these fishermen already made such expenditures prior to the refuge 
opening, minor amounts of these additional expenditures are due 
directly 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 
although the rulemaking would increase visitation and expenditures in 
the surrounding area of the refuge, it 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 noted below.

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.

    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 ``Patoka River 
National Wildlife Refuge and Management Area'' under the State of 
Indiana.
    3. Section 32.33  Indiana is amended by adding in alphabetical 
order Patoka River National Wildlife Refuge to read as follows:


Sec. 32.33  Indiana.

* * * * *

Patoka River National Wildlife Refuge

    A. Hunting of Migratory Game Birds. Hunting of migratory game 
birds is permitted on designated areas of the refuge subject to 
posted regulations.
    B. Upland Game Hunting. Upland game hunting is permitted on 
designated areas of the refuge subject to posted regulations.
    C. Big Game Hunting. Big game hunting is permitted on designated 
areas of the refuge subject to posted regulations.
    D. Sport Fishing. Fishing is permitted on designated areas of 
the refuge subject to posted regulations.

    Dated: June 3, 1996.
George T. Frampton, Jr.,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 96-15132 Filed 6-20-96; 8:45 am]
BILLING CODE 4310-55-P