[Federal Register Volume 61, Number 121 (Friday, June 21, 1996)]
[Proposed Rules]
[Pages 31893-31895]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-15292]



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DEPARTMENT OF THE INTERIOR
50 CFR Part 32

RIN 1018-AD85


Addition of Emiquon National Wildlife Refuge to the List of Open 
Areas for Hunting and Sport Fishing in Illinois

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 
Emiquon National Wildlife Refuge to the list of areas open for hunting 
and sport fishing in Illinois 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 Emiquon National Wildlife Refuge to migratory 
game bird hunting, upland game hunting, big game hunting 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

[[Page 31894]]

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 these openings are 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 Emiquon 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 fishing is compatible and 
consistent with the primary purposes for which the refuge was 
established. A brief description of the refuge program follows:

Emiquon National Wildlife Refuge

    In 1993, the Emiquon National Wildlife Refuge, along the Spoon 
River in Fulton County, Illinois, was established. When fully acquired, 
the refuge could increase from its current 312 acres to 11,122 acres. 
Historically, this segment of the Illinois River system was a vast 
wetland complex composed of shallow marshes, bottomland forest, 
backwater lake and upland habitats. Two backwater lakes, Thompson Lake 
(1,800 acres) and Flag Lake (1,000 acres), occupied a former channel of 
the Illinois River. They provided excellent habitat for migratory 
birds, fish, and resident wildlife and were renowned for their 
recreational opportunities. The large floodplain is a remnant of the 
former course of the Mississippi River; the last glaciation blocked the 
ancient Mississippi River between Rock Island and Princeton, Illinois, 
and forced the Mississippi River to the west.
    The refuge was acquired to protect, restore, and manage wetlands, 
enhance waterfowl and other migratory bird habitat, protect habitat for 
threatened and endangered wildlife, promote and preserve biodiversity, 
and provide wildlife-dependent recreation and education. Allowing 
hunting and fishing provides an opportunity that will facilitate the 
revival of the Thompson Lake and Flag Lake wetland complex as a natural 
area available for public use. Approximately 500,000 people live within 
a one hour drive of the refuge.
    Currently, the refuge is held in the public domain, and is governed 
by a number of public laws which encourage recreational use of the 
lands. The refuge is managed as part of the Illinois River National 
Wildlife and Fish Refuges. Refuge objectives include:
     Provide resting, feeding, nesting, and migration habitat 
for waterfowl and other birds;
     Protect, restore, and manage wetlands, bottomland forests 
and backwater lake habitat in support of the North American Waterfowl 
Management Plan and the National Wetlands Priority Conservation Plan;
     Restore, protect, and manage backwater lake habitat to 
create and maintain high quality fisheries habitat capable of 
supporting a self-sustaining, balanced fish community in support of the 
Illinois River fisheries resource;
     Promote natural biological diversity through the 
protection, restoration, and management of a backwater lake, bottomland 
forest, and floodplain wetland complex;
     Protect bald eagles and other endangered and threatened 
species and their habitats, and;
     Increase public opportunities for outdoor recreation, 
interpretation, and environmental education that are compatible with 
the preceding purposes.

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.
    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 urban/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

[[Page 31895]]

hunters $20, and migratory bird hunters $33.
    Applying these national averages to projected visitation at Emiquon 
NWR results in the following: 600 fishermen are expected to spend 
$24,600 annually in pursuit of their sport, while an estimated 400 
hunters will spend $13,200 annually while 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, 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 making preliminary arrangements with 
the primary author.

    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 ``Emiquon 
National Wildlife Refuge'' under the State of Illinois.
    3. Section 32.32  Illinois is amended by adding in alphabetical 
order Emiquon National Wildlife Refuge to read as follows:


Sec. 32.32  Illinois.

* * * * *

Emiquon 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 conditions.
    B. Upland Game Hunting. Hunting of upland game is permitted on 
designated areas of the refuge subject to posted conditions.
    C. Big Game Hunting. Hunting of big game is permitted on 
designated areas of the refuge subject to posted conditions.
    D. Sport Fishing. Sport fishing is permitted on designated areas 
of the refuge subject to the following conditions:
    1. Sport fishing is allowed on all refuge waters during daylight 
hours from January 15, through October 15.
    2. Private boats may not be left in refuge waters overnight.
    3. Motorboats are restricted to slow speed/minimum wake.
* * * * *
    Dated: June 7, 1996.
George T. Frampton, Jr.,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 96-15292 Filed 6-20-96; 8:45 am]
BILLING CODE 4310-55-P