[Federal Register Volume 61, Number 121 (Friday, June 21, 1996)]
[Proposed Rules]
[Pages 31897-31899]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-15137]



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DEPARTMENT OF THE INTERIOR
50 CFR Part 32

RIN 1018-AD79


Addition of Big Branch Marsh National Wildlife Refuge to the List 
of Open Areas for Hunting and 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 
Big Branch Marsh National Wildlife Refuge to the list of areas open for 
hunting and 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.

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

[[Page 31898]]

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 Big Branch Marsh National 
Wildlife Refuge to hunting of migratory game birds, 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 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 fishing and hunting programs. Upon review of these documents, the 
Secretary has determined that the opening of the Big Branch Marsh 
National Wildlife Refuge 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.

Big Branch Marsh National Wildlife Refuge

    Big Branch Marsh National Wildlife Refuge, established on September 
30, 1994, includes lands and waters located in St. Tammany Parish, 
Louisiana. Big Branch Marsh NWR objectives are to:
     Provide habitat for a natural diversity of wildlife 
associated with Big Branch Marsh;
     Provide wintering habitat for migratory waterfowl;
     Provide nesting habitat for wood ducks;
     Provide habitat for non-game migratory birds; and
     Provide opportunities for public outdoor recreation, such 
as hunting, fishing, hiking, birdwatching, and environmental education 
and interpretation, whenever they are compatible with the purposes for 
the refuge.
    The refuge management program has centered on basic resource 
protection and management through law enforcement and forest habitat 
management. Establishing a public hunting and fishing program on the 
refuge will provide for the continuation of traditional uses of refuge 
lands.
    St. Tammany Parish has experienced tremendous population growth in 
recent years with a fifty percent increase in rural growth during the 
last decade alone. This continuing growth has resulted in a high demand 
for outdoor recreational opportunities on public lands.
    The Service proposes to open the refuge to recreational hunting and 
sport fishing under conditions set forth in the refuge hunting and 
fishing plans and in accordance with state regulations and refuge 
specific regulations.

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 within commuting distance to a large 
metropolitan area. 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 slight positive effect on such 
entities; however, the amount of revenue generated is not large.
    Many area residents enjoy a rural to urban 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

[[Page 31899]]

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 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 Big 
Branch Marsh NWR results in the following: 20,000 fisherman are 
expected to spend $820,000 annually in pursuit of their sport, while an 
estimated 1,000 hunters will spend $35,000 annually hunting on the 
refuge. While many of these fishermen and hunters already make 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 
although the rulemaking would only slightly 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 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 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, is the primary author of this 
proposed rulemaking document.

List of Subjects in 50 CFR Part 32

    Fishing, Hunting, Reporting and recordkeeping requirements, 
Wildlife, and 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 ``Big Branch 
Marsh National Wildlife Refuge'' under the State of Louisiana.
    3. Section 32.37  Louisiana is amended by adding in alphabetical 
order Big Branch Marsh National Wildlife Refuge to read as follows:


Sec. 32.37  Louisiana.

* * * * *

Big Branch Marsh National Wildlife Refuge

    A. Hunting of Migratory Game Birds. Hunting of ducks, coots, and 
snow geese is permitted on designated areas of the refuge subject to 
the following conditions:
    1. Permits are required.
    B. Upland Game Hunting. [Reserved]
    C. Big Game Hunting. Hunting of white-tailed deer is permitted 
on designated areas of the refuge subject to the following 
conditions:
    1. Permits are required.
    D. Sport Fishing. Fishing is permitted on designated areas of 
the refuge subject to the following conditions:
    1. Fishing is permitted during daylight hours only.
    2. Only the use of rod and reel or pole and line is permitted.
    3. The use of trotlines, slat traps and nets is prohibited.
    4. The use of boats and motors larger than 25 horsepower is not 
permitted.
    5. Air-thrust boats, motorized pirogues, go-devils, and mud 
boats are not permitted in refuge waters.
* * * * *
    Dated: June 3, 1996.
George T. Frampton, Jr.,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 96-15137 Filed 6-20-96; 8:45 am]
BILLING CODE 4310-55-P