[Federal Register Volume 61, Number 169 (Thursday, August 29, 1996)]
[Rules and Regulations]
[Pages 45364-45367]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-22041]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 32

RIN 1018-AD77


Addition of Ten National Wildlife Refuges to the List of Open 
Areas for Hunting and/or Sport Fishing in Arkansas, Illinois, Indiana, 
Louisiana, Missouri, Mississippi, and Nebraska

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Final rule.

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SUMMARY: The U.S. Fish and Wildlife Service (Service) adds the 
following National Wildlife Refuges (NWRs), to the list of areas open 
for hunting and/or sport fishing, along with pertinent refuge-specific 
regulations for such activities: Bald Knob NWR, AR; Cossatot NWR, AR; 
Emiquon NWR, IL; Potoka NWR, IN; Big Branch Marsh NWR, LA; Grand Cote 
NWR, LA; Mandalay NWR, LA; Big Muddy NWR, MO; Tallahatchie NWR, MS and 
Boyer Chute NWR, NE. The Service determines that such use is compatible 
with the purposes for which these refuges were established. The Service 
further determines 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.

EFFECTIVE DATE: This rule is effective August 29, 1996.

FOR FURTHER INFORMATION CONTACT: Stephen R. Vehrs, (703) 358-2397.

SUPPLEMENTARY INFORMATION: The Service generally closes national 
wildlife refuges to hunting and sport fishing until opening them 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. This rulemaking opens Bald Knob NWR, AR, Big Branch Marsh 
NWR, LA, Big Muddy NWR, MO, Cossatot NWR, AR, Emiquon NWR, IL and 
Potoka River NWR, IN to hunting migratory game birds, upland game, big 
game and sport fishing. This rulemaking also opens Boyer Chute NWR, NE, 
Grand Cote NWR, LA, Mandalay NWR, LA and Tallahatchie NWR, MS to sport 
fishing.
    Text in this final rule is different than that used in the proposed 
rules because it reflects conformity to plain English writing 
standards. In the June 21, 1996, issue of the Federal Register (61 FR 
31888-31910) the Service published ten (10) proposed rulemakings 
containing a description of the refuges and their proposed hunting and/
or fishing programs and invited public comment. Each of these refuges 
was assigned a separate rule identification number (RIN) number in the 
proposed rulemaking as follows:
    Bald Knob NWR, AR, RIN 1018-AD80;
    Cossatot NWR, AR, RIN 1018-AD78;
    Emiquon NWR, IL, RIN 1018-AD85;
    Potoka NWR, IN, RIN 1018-AD86;
    Big Branch Marsh NWR, LA, RIN 1018-AD79;
    Grand Cote NWR, LA, RIN 1018-AD77;
    Mandalay NWR, LA, RIN 1018-AD82;
    Big Muddy NWR, MO, RIN 1018-AD88;
    Tallahatchie NWR, MS, RIN 1018-AD81 and
    Boyer Chute NWR, NE, RIN 1018-AD89.
    The Service combined the proposed rules into this single final rule 
(RIN 1018-AD77). A description of the refuges and their proposed 
hunting and/or fishing programs was provided in the proposed rules.
    The National Rifle Association (NRA) supports opening designated 
refuges including Cossatot NWR to migratory game bird, upland game, 
and/or big game hunting. They note that while hunting at Cossatot is to 
be permitted in accordance with the State of Arkansas' regulations and 
licensing requirements, the Service is imposing several exceptions. In 
cases where the Service is departing from state rules and regulations, 
it would be helpful to the public for the Service to provide a brief 
explanation as to why it is it posing those exceptions. They would 
appreciate having the rationale for the listed exceptions included as 
part of the final rule.
    In the case of Cossatot NWR, and several other refuges, the Service 
requires a refuge specific permit to hunt. This requirement normally 
exceeds state fish and game regulations, but is employed as a 
management tool, it: (1) Controls the total number of hunters permitted 
to be hunting at any one time on the refuge; (2) provides a method for 
the hunter to receive a copy and understand the refuge specific 
regulations, which usually contain a hunting area map; and (3) provides 
special notice of any change to the regulations during the season and 
(4) assists in lost hunter identity and law enforcement issues.
    Several individuals provided comments opposing additional hunting 
on national wildlife refuges. It is the policy of the Fish and Wildlife 
Service to provide wildlife-dependent recreational opportunities on a 
national wildlife refuge when compatible with the purposes for which 
that specific refuge was established.
    This rule is final upon publication. The Service has determined 
that any

[[Page 45365]]

further delay in the implementation of these refuge hunting and sport 
fishing regulations would not be in the public interest in that it 
would hinder the effective planning and administration of the hunting 
and fishing programs. The Service received public comment on these 
proposals during the Environmental Assessment planning phase as well as 
the 30-day comment period for these ten rules. Delay of an additional 
30 days would jeopardize holding the hunts this year, or shorten their 
duration and thereby lessen the management effectiveness of this 
regulation. Therefore, the Service finds good cause to make this rule 
effective upon publication (5 U.S.C. 553 (d)(3)).

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.
    The Service develops hunting and sport fishing plans for each 
existing refuge prior to opening it to hunting or fishing. In many 
cases, the Service develops refuge-specific regulations to ensure the 
compatibility of the programs with the purposes for which the refuge 
was established. The Service ensured initial compliance with the NWRSAA 
and the RRA for hunting and sport fishing on newly acquired refuges 
through an interim determination of compatibility made at the time of 
acquisition. This process ensures the determinations required by these 
acts are made prior to the addition of refuges to the lists of areas 
open to hunting and fishing in 50 CFR part 32. The Service ensures 
continued compliance 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 determines 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 are available within the refuge budgets to 
operate the hunting and/or sport fishing programs as proposed.

Paperwork Reduction Act

    The Service examined this regulation under the Paperwork Reduction 
Act of 1995 and found it to contain no information collection 
requirements.

Economic Effect

    Service review revealed that this rulemaking will increase hunter 
and fishermen visitation to the surrounding area of these refuges 
before, during or after recreational uses, compared to closing the 
refuge to these recreational uses. When the Service acquired these 
lands, all public use ceased under law until opened to the public in 
accordance with this rulemaking.
    These refuges generally are distant from large metropolitan areas. 
Businesses in the area of the refuges 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 
areas. This final rule has 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 areas. A high 
percentage of the households enjoy hunting, fishing, and boating in 
area wetlands, rivers and lakes. Refuge lands generally were not 
available for public use prior to government acquisition; however, 
friends and relatives of the landowners fished and hunted there and 
some lands operated 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.
    The Service calculates economic impacts of refuge fishing and 
hunting programs on local communities from average expenditures in the 
``1991 National Survey of Fishing, Hunting, and Wildlife-Associated 
Recreation''. In 1996, the Service projects that 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 these 
ten refuges results in the following: 26,500 fishermen are expected to 
spend $1,081,700 annually in pursuit of their sport, while an estimated 
4,300 hunters will spend $159,900 annually hunting on the refuges. 
While many of these hunters and fishermen already made expenditures 
prior to the refuge opening, additional expenditures directly are due 
to these new recreational opportunities provided by the land now open 
to the general public. The proposed rules for these ten refuges listed 
each economic contribution separately, and the final rule combines 
these contributions.
    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.) reveals 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)), the Service 
prepared environmental assessments for nine refuge openings. At 
Cossatot NWR, the Service did not prepare an environmental assessment 
but invoked a categorical exclusion as provided by 516

[[Page 45366]]

DM6 Appendix 1 with respect to this opening. Based upon the remaining 
Environmental Assessments, the Service issued a Finding of No 
Significant Impact with respect to the remaining nine openings. The 
Service conducted a Section 7 evaluation pursuant to the Endangered 
Species Act on all refuges and determined that these actions 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 available for review 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.

Civil Justice Reform

    The Department has determined that these final regulations meet the 
applicable standards provided in Sections 3(a) and 3(b)(2) of Executive 
Order 12988.

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 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 listings ``Bald Knob 
National Wildlife Refuge'' and ``Cossatot National Wildlife Refuge'' to 
the State of Arkansas; ``Emiquon National Wildlife Refuge'' to the 
State of Illinois; ``Patoka River National Wildlife Refuge and 
Management Area'' to the State of Indiana; ``Big Branch Marsh National 
Wildlife Refuge'', ``Grand Cote National Wildlife Refuge'', and 
``Mandalay National Wildlife Refuge'' to the State of Louisiana; ``Big 
Muddy National Wildlife Refuge'' to the State of Missouri; 
``Tallahatchie National Wildlife Refuge'' to the State of Mississippi; 
and ``Boyer Chute National Wildlife Refuge'' to the State of Nebraska.
    3. Section 32.23 Arkansas is amended by adding the alphabetical 
listing of Bald Knob National Wildlife Refuge and Cossatot National 
Wildlife Refuge to read as follows:


Sec. 32.23  Arkansas.

* * * * *
Bald Knob National Wildlife Refuge
    A. Hunting of Migratory Game Birds. Hunters may hunt migratory game 
birds on designated areas of the refuge subject to the following 
condition:
    1. Hunters must possess a refuge permit.
    B. Upland Game Hunting. Hunters may hunt upland game on designated 
areas of the refuge subject to the following condition:
    1. Hunters must possess a refuge permit.
    C. Big Game Hunting. Hunters may hunt big game on designated areas 
of the refuge subject to the following condition:
    1. Hunters must possess a refuge permit.
    D. Sport Fishing. Fishermen may fish and frog on designated areas 
of the refuge subject to the following conditions:
    1. Fishermen may fish and frog only during published refuge open 
seasons and in accordance with refuge regulations.
    2. Fishermen must adhere to all applicable state fishing and 
frogging regulations.
* * * * *
Cossatot National Wildlife Refuge
    A. Hunting of Migratory Game Birds. Hunters may hunt ducks, geese, 
coots, woodcock, snipe, and mourning doves on designated areas of the 
refuge subject to the following condition:
    1. Hunters must possess a refuge permit.
    B. Upland Game Hunting. Hunters may hunt quail, rabbit, squirrel, 
raccoon, opossum and beaver on designated areas of the refuge subject 
to the following condition:
    1. Hunters must possess a refuge permit.
    C. Big Game Hunting. Hunters may hunt white-tail deer and turkey on 
designated areas of the refuge subject to the following condition:
    1. Hunters must possess a refuge permit.
    D. Sport Fishing. Fishermen may fish, take frogs, turtles and 
crawfish on designated areas of the refuge subject to the following 
conditions:
    1. Fishermen must take turtles and crawfish in accordance with 
applicable state regulations.
    2. Trotlines must be reset when exposed by receding water levels. 
Trotline ends must consist of a length of cotton line that extends from 
the point of attachment into the water.
* * * * *
    4. Section 32.32 Illinois is amended by adding the alphabetical 
listing of Emiquon National Wildlife Refuge to read as follows:


Sec. 32.32  Illinois.

* * * * *
Emiquon National Wildlife Refuge
    A. Hunting of Migratory Game Birds. Hunters may hunt migratory game 
birds on designated areas of the refuge subject to posted conditions.
    B. Upland Game Hunting. Hunters may hunt upland game on designated 
areas of the refuge subject to posted conditions.
    C. Big Game Hunting. Hunters may hunt big game on designated areas 
of the refuge subject to posted conditions.
    D. Sport Fishing. Fishermen may sport fish in designated waters of 
the refuge subject to the following conditions:
    1. Fishermen may sport fish in all refuge waters during daylight 
hours from January 15, through October 15.
    2. Private boats may not be left in refuge waters overnight.
    3. Fishermen must restrict motorboats to slow speed/minimum wake.
* * * * *
    5. Section 32.33  Indiana is amended by adding the alphabetical 
listing of Patoka River National Wildlife Refuge and Management Area to 
read as follows:


Sec. 32.33  Indiana.

* * * * *
Patoka River National Wildlife Refuge and Management Area
    A. Hunting of Migratory Game Birds. Hunters may hunt migratory game 
birds on designated areas of the refuge subject to posted regulations.
    B. Upland Game Hunting. Hunters may hunt upland game on designated 
areas of the refuge subject to posted regulations.
    C. Big Game Hunting. Hunters may hunt big game on designated areas 
of the refuge subject to posted regulations.

[[Page 45367]]

    D. Sport Fishing. Fishermen may fish in designated waters of the 
refuge subject to posted regulations.
* * * * *
    6. Section 32.37  Louisiana is amended by adding the alphabetical 
listing of Big Branch Marsh National Wildlife Refuge, Grand Cote 
National Wildlife Refuge and Mandalay National Wildlife Refuge to read 
as follows:


Sec. 32.37  Louisiana.

* * * * *
Big Branch Marsh National Wildlife Refuge
    A. Hunting of Migratory Game Birds. Hunters may hunt ducks, coots, 
and snow geese on designated areas of the refuge subject to the 
following conditions:
    1. Hunters must possess a refuge permit.
    B. Upland Game Hunting. [Reserved]
    C. Big Game Hunting. Hunters may hunt white-tailed deer on 
designated areas of the refuge subject to the following conditions:
    1. Hunters must possess a refuge permit.
    D. Sport Fishing. Fishermen may fish in designated waters of the 
refuge subject to the following conditions:
    1. Fishermen may fish during daylight hours only.
    2. Fishermen must only use rods and reel or pole and lines while 
fishing.
    3. Fishermen must not use trotlines, slat traps or nets while 
fishing.
    4. Fishermen must not use boats with motors larger than 25 
horsepower.
    5. Fishermen must not use air-thrust boats, motorized pirogues, go-
devils, or mud boats in refuge waters.
* * * * *
Grand Cote National Wildlife Refuge
    A. Hunting of Migratory Game Birds. [Reserved]
    B. Upland Game Hunting. [Reserved]
    C. Big Game Hunting. [Reserved]
    D. Sport Fishing. Fishermen may fish and take crawfish in 
designated waters of the refuge subject to the following conditions.
    1. Fishermen must have refuge permits to take crawfish.
    2. Boats may not be left on the refuge overnight.
    3. Fishermen may use yo-yos during daylight hours only.
    4. Fishermen may not take frogs.
* * * * *
Mandalay National Wildlife Refuge
    A. Hunting of Migratory Game Birds. [Reserved].
    B. Upland Game Hunting. [Reserved].
    C. Big Game Hunting. [Reserved].
    D. Sport Fishing. Fishermen may sport fish subject to the following 
conditions:
    1. Fishermen must possess a ``free'' refuge permit.
    2. All persons entering, using or occupying the refuge must abide 
by all terms and conditions set forth in the appropriate refuge permit 
and brochure.
* * * * *
    7. Section 32.43  Mississippi is amended by adding the alphabetical 
listing of 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. Fishermen may fish in designated waters of the 
refuge subject to the following conditions:
    1. Fishermen may not commercial fish.
    2. Daylight use only.
    3. The public may not camp.
    4. Fishermen may use vehicles only on designated roads.
    5. Fishermen must not litter on the refuge.
    6. Fishermen must not build fires on the refuge.
    7. Fishermen must not use all terrain vehicles on the refuge.
    8. All State regulations governing seasons, licenses, and creel 
limits apply.
    9. Fishermen must not use nets, seines, trot lines, or any similar 
device for taking fish.
* * * * *
    8. Section 32.44 Missouri is amended by adding the alphabetical 
listing 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. Hunters may hunt migratory game 
birds on designated areas of the refuge subject to posted regulations.
    B. Upland Game Hunting. Hunters may hunt upland game on designated 
areas of the refuge subject to posted regulations.
    C. Big Game Hunting. Hunters may hunt big game on designated areas 
of the refuge subject to posted regulations.
    D. Sport Fishing. Fishermen may fish on designated areas of the 
refuge subject to posted regulations.
* * * * *
    9. Section 32.46 Nebraska is amended by adding the alphabetical 
listing of Boyer Chute National Wildlife Refuge to read as follows:


Sec. 32.46  Nebraska.

* * * * *
Boyer Chute National Wildlife Refuge
    A. Hunting of Migratory Game Birds. [Reserved]
    B. Upland Game Hunting. [Reserved]
    C. Big Game Hunting. [Reserved]
    D. Sport Fishing. Designated areas of the refuge are open in 
accordance with State fishing regulations and the special conditions 
that follow:
    1. Fishermen may hook and line fish during daylight hours with 
closely attended poles.
    2. Fishermen may use only non-motorized vessels in the Chute, but 
must not leave vessels on the refuge overnight,
    3. Fishermen must not use floating, limb, or trot lines on the 
refuge.
    4. Fishermen must not use bow, crossbow, snagging devices, or 
spears while fishing.
    5. Fishermen must not dig bait, net, frog, or collect mussels 
(clams).
* * * * *
    Dated: August 13, 1996.
George T. Frampton, Jr.,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 96-22041 Filed 8-28-96; 8:45 am]
BILLING CODE 4310-55-P