[Federal Register Volume 61, Number 121 (Friday, June 21, 1996)]
[Proposed Rules]
[Pages 31904-31906]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-15289]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
50 CFR Part 32
RIN 1018-AD81
Addition of Tallahatchie National Wildlife Refuge to the List of
Open Areas for Sport Fishing in Mississippi
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The U.S. Fish and Wildlife Service (Service) proposes to add
Tallahatchie National Wildlife Refuge to the list of areas open for
sport fishing in Mississippi 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 national wildlife refuges.
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 Tallahatchie 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.
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 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
program. Upon review of these documents, the Secretary has determined
that the opening of the Tallahatchie 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.
In accordance with the NWRSAA and the RRA, the Secretary also has
determined that this opening for sport fishing is compatible and
consistent with the primary purposes for which the refuge was
established and that sufficient funds are available to conduct the
activity. A brief description of the refuge program follows.
Tallahatchie National Wildlife Refuge
Tallahatchie National Wildlife Refuge is located in Grenada,
Quitman, and Tallahatchie Counties in the central portion of the
Mississippi Wetland Management District. Clarksdale is northwest of
Black Bayou and Grenada is east of Bear Lake. Mathews Brake National
Wildlife Refuge lies south of Bear Lake. Access to the property is by
county-maintained gravel roads, field roads, and State Highway 8.
The Service proposes to acquire approximately 15,000 acres in two
separate units. The northern unit, Black Bayou, is located in the
southeast corner of Quitman County and adjacent Tallahatchie County.
The southern unit, Bear Lake, lies along the Tallahatchie-Grenada
county line.
The refuge is located in an area of the Lower Mississippi River
Delta known as the Yazoo Basin, of which the Tallahatchie River Basin
is a component. The entire area is subject to seasonal backwater
flooding from the Tallahatchie River System.
This area is rich in biological diversity and is home for myriad
wildlife species such as deer, squirrel,
[[Page 31905]]
rabbit, raccoons, ducks, other small mammals and birds. The habitat
consists of bottomland hardwoods, cleared lands in agricultural use,
fallow fields, and a moist soil complex that contains eight separate
catfish pond units with complete water management control.
The refuge will be managed primarily as stopover and wintering
habitat for migrating waterfowl due to its importance for these
waterfowl in the Mississippi Flyway.
The primary fishery resources are found in the backwater lakes and
borrow pits. These lakes support populations of game fish including
largemouth bass, white and black crappie, bluegill, and other sunfish
species. These areas also contain several species of rough fish such as
catfish, gar, grennel, carp, buffalo, and freshwater drum.
The Service proposes that the refuge be opened to refuge-wide sport
fishing for both game fish and rough fish. Sport fishing on the refuge
will be controlled by field observations and limit checks, and by
designating access points and vehicle limitations. Activities and
methods would be regulated to provide the maximum allowable
recreational opportunity without jeopardizing the fishery resource or
refuge objectives. Zoning may be implemented, if necessary, to prevent
conflict with other public use activities or management objectives.
Areas such as those throughout the Mississippi River Delta have
been historically used for recreational and subsistence fishing. Large-
scale farming and other commercial land use has led to the destruction
or conversion of many wetland areas within the last two decades. This
has significantly reduced the opportunity for public sport fishing in
the area.
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 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
Tallahatchie NWR results in the following: 500 fishermen are expected
to spend $20,500 annually in pursuit of their sport 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.
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
[[Page 31906]]
listing ``Tallahatchie National Wildlife Refuge'' under the State of
Mississippi.
3. Section 32.43 Mississippi is amended by adding in alphabetical
order Tallahatchie National Wildlife Refuge to read as follows:
Sec. 32.43 Mississippi.
* * * * *
Tallahatchie National Wildlife Refuge
A. Hunting of Migratory Game Birds. [Reserved]
B. Upland Game Hunting. [Reserved]
C. Big Game Hunting. [Reserved]
D. Sport Fishing. Fishing is permitted on designated areas of
the refuge subject to the following conditions:
1. Commercial fishing is prohibited.
2. Daylight use only.
3. Camping is prohibited.
4. Vehicle use is restricted to designated roads.
5. Littering in any form is strictly prohibited.
6. Fires are not permitted on the refuge.
7. All terrain vehicles are not permitted.
8. All State regulations governing seasons, licenses, and creel
limits apply.
9. The use of nets, seines, trot lines, or any similar device
for taking of fish is prohibited.
* * * * *
Dated: June 7, 1996.
George T. Frampton, Jr.,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 96-15289 Filed 6-20-96; 8:45 am]
BILLING CODE 4310-55-P