[Federal Register Volume 61, Number 121 (Friday, June 21, 1996)]
[Proposed Rules]
[Pages 31908-31910]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-15288]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 32
RIN 1018-AD88
Addition of Big Muddy National Wildlife Refuge to the List of
Open Areas for Hunting and Sport Fishing in Missouri
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 Muddy National Wildlife Refuge to the list of areas open for
hunting and sport fishing in Missouri 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 Big Muddy National Wildlife Refuge to hunting
migratory game 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 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
[[Page 31909]]
(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 Big Muddy 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 Muddy National Wildlife Refuge.
The Big Muddy National Fish and Wildlife Refuge is located east of
Kansas City, Missouri, to slightly down river from Jefferson City. The
refuge was established on September 9, 1994, under the authority of the
Fish and Wildlife Act of 1954, ``* * * for the development,
advancement, management, conservation, and protection of fish and
wildlife resources * * *'' and currently consists of seven units. It is
intended to fill a public need to preserve and restore the Missouri
River floodplain, manage fish and wildlife habitats, and provide for
compatible public use. Approximately 60,000 acres of floodplain land
may eventually be purchased or protected in some way. A refuge of this
size will contribute to goals for river ecosystem conservation and
restoration, threatened and endangered species recovery, neotropical
migrant bird conservation, biological diversity, and fish and wildlife-
dependent public recreation on a portion of the Missouri River
floodplain.
The refuge also supports and complements the Missouri Department of
Conservation's (MDC) 10-year fisheries strategic plan for the Missouri
River and the U.S. Army Corps of Engineers' (Corps) Missouri River Fish
and Wildlife Mitigation Project authorized by the Water Resources
Development Act of 1986. The Service recognizes the task of restoring
sections of the Missouri River's natural floodplain and its associated
wildlife habitats and plant communities and the critically important
role of conservation partnerships with other agencies, States, Tribes,
organizations, and members of the general public. The Service action
along this section of the Missouri River, in cooperation with other
governmental entities, private groups, and individuals, will
demonstrate the type of restoration that is possible on other stretches
of the Missouri River. Hunting and fishing is intended to:
Fulfill the Service's commitment to provide the public
with opportunities for outdoor recreation;
Provide valid fish and wildlife management techniques to
influence the distribution and abundance of these animals and aid
refuge habitat restoration and management activities; and
Help keep healthy wildlife populations in balance with
available habitat.
Hunting and fishing will be allowed on some or all of the areas
acquired by the refuge after determining that:
Such activity is consistent with other resource
objectives; and
Biological monitoring programs on the refuge and local MDC
properties provide adequate assurances that target species support a
harvestable surplus.
Hunting and fishing would be conducted in accordance with all
applicable State and federal regulations. Coordination with MDC
biologists will promote continuity and understanding of Service and
State resource goals and objectives and will help assure that the
decision-making process takes into account all interests. White-tailed
deer, upland game and waterfowl will be the primary focus of most
hunting activity, although a minor amount of incidental hunting for
other species also will occur.
Fishing interests likely will concentrate on panfish and largemouth
bass in isolated ponds, oxbows, scour holes and side channels, while
catfish will make up the majority of the catch in the Missouri River.
Considering the limited acreage currently acquired by the refuge, it is
anticipated that hunters and anglers will record less than 500 use days
the first year. This figure will increase in proportion and at a rate
comparable to future refuge land acquisitions. Yearly updates will be
made to the Hunting and Fishing Plan to incorporate these acquisitions.
Paperwork Reduction Act
The Service has examined this regulation under the Paperwork
Reduction Act of 1995 and has found it 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. Much of this land was open to
hunting and/or fishing before it attained refuge status, however, many
of the hunters and fishermen were guests of the previous landowner and
from the local area. 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 in proximity to large metropolitan areas.
Businesses in the area, however, 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 an 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 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
[[Page 31910]]
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
Muddy NWR results in the following: 300 fishermen are expected to spend
$12,300 annually in pursuit of their sport, while an estimated 200
hunters will spend $6,600 annually hunting 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
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 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 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 alphabetically adding the listing ``Big Muddy
National Wildlife Refuge'' under the State of Missouri.
3. Section 32.44 Missouri is amended by adding in alphabetical
order of Big Muddy National Wildlife Refuge to read as follows:
Sec. 32.44 Missouri.
* * * * *
Big Muddy 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. Hunting upland game 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 7, 1996.
George T. Frampton, Jr.,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 96-15288 Filed 6-20-96; 8:45 am]
BILLING CODE 4310-55-P