[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