[Federal Register Volume 61, Number 121 (Friday, June 21, 1996)]
[Proposed Rules]
[Pages 31891-31893]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-15290]



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DEPARTMENT OF THE INTERIOR
50 CFR Part 32

RIN 1018-AD80


Addition of Bald Knob National Wildlife Refuge to the List of 
Open Areas for Hunting and Sport Fishing in Arkansas

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 
Bald Knob National Wildlife Refuge to the list of areas open for 
hunting and sport fishing in Arkansas 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 Bald Knob 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.
    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 Bald Knob 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.
    In accordance with the NWRSAA and the RRA, the Secretary also has 
determined that this opening for hunting and 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.

Bald Knob National Wildlife Refuge

    Bald Knob National Wildlife Refuge was established on September 22, 
1993. The initial purchase was the first of an accepted multi-year 
purchase of 12,940 acres from John Hancock Mutual Life Insurance 
Company. The refuge is located in White County, Arkansas, southwest of 
Bald Knob, Arkansas. The refuge is bordered by the Little Red River and 
is adjacent to the state-owned Hurricane Wildlife Management Area. This 
protected corridor of wetlands is strategically located in the 
Mississippi Flyway and has been identified as a high priority site of 
the North American Waterfowl Management Plan. The area has historically 
wintered large concentrations of waterfowl and is

[[Page 31892]]

recognized as a major concentration area for wintering pintails in 
Arkansas.
    Prior to acquisition by the Service, consistent winter flood 
regimes did not exist. Emphasis was placed on maintenance of drainage 
systems, water control structures, and levee construction/maintenance 
to maximize farming opportunities. These intensive agricultural 
practices on the area were generally conducted at times or in a manner 
that impacts were generally negative or marginally beneficial to the 
wildlife resource.
    The refuge is located in the Mississippi Alluvial Valley Ecosystem 
and historically consisted of bottomland hardwood forests and 
associated forested wetland wildlife species. Only remnants of the 
bottomland hardwood forests exist today with the majority of the refuge 
properties being composed of open agricultural fields. Approximately 
12,700 acres of the proposed 14,000 acre refuge consists of open farm 
fields. The remaining acreage consists of sloughs and forested habitat 
types. Although the refuge consists primarily of open land, it is 
utilized by a variety of resident and non-resident wildlife species, 
including white-tailed deer, coyote, beaver, mink, muskrat, raccoon, 
rabbit, waterfowl, and neo-tropical songbirds. The refuge also is 
utilized by bald eagles, peregrine falcons, marsh hawks, red-tailed 
hawks, barred owls and a host of other raptors, especially during the 
winter months. In addition, aquatic habitats of the refuge support a 
variety of indigenous fresh water fish, reptiles, amphibians, and fresh 
water mussel species.
    Refuge hunting and fishing plans have been developed to ensure the 
associated public recreation and wildlife management objectives are met 
in a responsible and consistent manner. The primary purpose of the 
refuge is to preserve wintering habitat for waterfowl. Bald Knob NWR is 
administered as part of the Cache River NWR and any operational plans 
developed for Bald Knob NWR will be under the umbrella and guidance of 
the Comprehensive Management Plan for the Cache/Lower White Rivers 
Ecosystem. The goals identified in this plan are:
     To provide continued public use opportunity, which is not 
incompatible with restoration and/or conservation of ecosystem function 
or legal mandates; and
     To actively promote and encourage public use, which 
facilitates ecosystem functional restoration and management.
    In keeping with the intent of this goal the following objectives 
for the Bald Knob NWR were developed:
     To provide and maintain optimum habitat for migratory 
waterfowl;
     To provide habitat and protection for endangered species;
     To provide for a natural diversity of wildlife species; 
and
     To provide opportunities for wildlife-oriented recreation 
and environmental education when compatible with other refuge 
objectives.
    The objectives for the refuge hunting and fishing programs are as 
follows:
     To provide the general public with a quality wildlife-
oriented recreational experience and an opportunity to utilize a 
renewable natural resource; and
     To maintain wildlife populations at levels compatible with 
the refuge habitat.
    Hunting and fishing was a traditional recreational use of the 
refuge property prior to inclusion into the refuge system. Hunting and 
fishing are also very popular recreational pursuits with the local 
public. However, opportunities have become very limited in the 
surrounding area because of the posting of private land, expansion of 
private leases, and a significant decline in available habitat. Refuge 
hunting and fishing will provide much needed opportunities in this 
area. The development of refuge regulations, zoning, and other 
management will be designed to promote a quality outdoor experience 
with reasonable harvest opportunities and uncrowded conditions.

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. 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. 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 Bald 
Knob 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

[[Page 31893]]

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 listing ``Bald Knob 
National Wildlife Refuge'' under the State of Arkansas.
    3. Section 32.23 Arkansas is amended by adding in alphabetical 
order Bald Knob National Wildlife Refuge to read as follows:


Sec. 32.23  Arkansas.

* * * * *

Bald Knob National Wildlife Refuge

    A. Hunting of Migratory Game Birds. Hunting of migratory game 
birds is permitted on designated areas of the refuge subject to the 
following condition:
    1. Permits are required.
    B. Upland Game Hunting. Hunting of upland game is permitted on 
designated areas of the refuge subject to the following condition:
    1. Permits are required.
    C. Big Game Hunting. Hunting of big game is permitted on 
designated areas of the refuge subject to the following condition:
    1. Permits are required.
    D. Sport Fishing. Fishing and frogging are permitted on 
designated areas of the refuge subject to the following conditions:
    1. Fishing and frogging is permitted only during published 
refuge open seasons and in accordance with refuge regulations.
    2. All applicable state fishing and frogging regulations must be 
adhered to.
* * * * *
    Dated: June 7, 1996.
George T. Frampton, Jr.,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 96-15290 Filed 6-20-96; 8:45 am]
BILLING CODE 4310-55-P