[Federal Register Volume 61, Number 121 (Friday, June 21, 1996)]
[Proposed Rules]
[Pages 31899-31901]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-15133]



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DEPARTMENT OF THE INTERIOR
50 CFR Part 32

RIN 1018-AD77


Addition of Grand Cote National Wildlife Refuge to the List of 
Open Areas for Sport Fishing in Louisiana

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 
Grand Cote National Wildlife Refuge to the list of areas open for sport 
fishing in Louisiana 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.


[[Page 31900]]


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 Grand Cote 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 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 Grand Cote 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.

Grand Cote National Wildlife Refuge

    Grand Cote National Wildlife Refuge (NWR), located in west-central 
Avoyelles Parish, Louisiana, was established March 6, 1992 to provide 
wintering habitat for mallards, pintails, and wood ducks and nesting 
habitat for wood ducks to meet the goals of the North American 
Waterfowl Management Plan. Additional Service objectives for the refuge 
include:
     Providing habitat for threatened and endangered species;
     Providing habitat for a natural diversity of plant and 
wildlife species; and
     Providing opportunities for wildlife-dependent recreation 
and environmental education when compatible with other refuge 
objectives.
    This 6,077 acre refuge is a natural sump bordered by the higher 
ridge lands of the Red River on the north and east and by the terrace 
uplands on the west and south. Although this area was once a very 
productive bottomland hardwood ecosystem and formerly provided ideal 
habitat for upland game, land clearing and a shift to agriculture have 
made it more attractive to a wider variety of waterfowl species and 
wading birds. Shorebird abundance has also escalated.
    Except for an experimental crawfish season conducted the past few 
years, and wildlife observation limited to foot travel, there are no 
public use opportunities on Grand Cote NWR. The crawfishing season is 
extremely popular, and there has been much public demand for opening of 
traditional sport fishing.
    Traditional sport fishing will be for game fish such as largemouth 
bass, white and black crappie, bluegill, redear, and other sunfish 
species; and rough fish such as channel, blue, and flathead catfish, as 
well as other species such as gar, grennel, carp, and freshwater drum. 
The refuge season will fall within the framework of the State of 
Louisiana season established by the Louisiana Wildlife and Fisheries 
Commission.
    With implementation of this rule, traditional sport fishing and 
crawfishing (referred to collectively as ``fishing'' throughout the 
remainder of this plan) would be permitted, limited to those areas 
specified in the refuge-specific regulations. All or parts of the 
refuge may be closed to fishing at any time, if necessary, for public 
safety, to provide wildlife sanctuary, or for administrative reasons.
    Construction of a new refuge office/visitor contact station will 
precede the opening of fishing. Additionally, a refuge fishing lake in 
the existing crawfishing pond, construction of a handicapped-accessible 
fishing pier, expanding and relocating crawfishing to a new area, and a 
wildlife observation tower and nature trails are all in the planning 
stages.
    Opening fishing on Grand Cote NWR will allow harvest of a renewable 
resource, promote a wildlife-dependent recreational opportunity that is 
compatible with the purposes for which the refuge was established, 
increase

[[Page 31901]]

awareness of Grand Cote NWR and the National Wildlife Refuge System, 
and meet public demand.
    Areas that will support a fishing program include the Bayou 
Choctaw, Coulee des Grues, a proposed fishing lake in the existing 
crawfishing pond, and various refuge drainages. Areas open to fishing 
would depend on waterfowl use during the migration period. Resting and 
feeding areas may be set aside to protect waterfowl from disturbance 
during the winter months. These areas would be closed to fishing.

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 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 Grand 
Cote NWR results in the following: 2,500 fishermen are expected to 
spend $102,500 annually while fishing on the refuge.
    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 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 ``Grand Cote 
National Wildlife Refuge'' under the State of Louisiana.
    3. Section 32.37  Louisiana is amended by adding in alphabetical 
order Grand Cote National Wildlife Refuge to read as follows:


Sec. 32.37  Louisiana.

* * * * *

Grand Cote National Wildlife Refuge

    A. Hunting of Migratory Game Birds. [Reserved]
    B. Upland Game Hunting. [Reserved]
    C. Big Game Hunting. [Reserved]
    D. Sport Fishing. Fishing and the taking of crawfish is 
permitted on designated areas of the refuge subject to the following 
conditions.
    1. Permits are required to take crawfish.
    2. Boats may not be left on the refuge overnight.
    3. Yo-yos are permitted during daylight hours only.
    4. Frogging is not permitted.
* * * * *
    Dated: June 3, 1996.
George T. Frampton, Jr.,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 96-15133 Filed 6-20-96; 8:45 am]
BILLING CODE 4310-55-P