[Federal Register Volume 61, Number 171 (Tuesday, September 3, 1996)]
[Rules and Regulations]
[Pages 46379-46380]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-22331]


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DEPARTMENT OF THE INTERIOR

National Park Service

36 CFR Part 7

RIN 1024-AC52


Lassen Volcanic National Park

AGENCY: National Park Service, Interior.

ACTION: Final rule.

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SUMMARY: The National Park Service (NPS) is removing the current 
regulations concerning boating, fishing and limit of catch in Lassen 
Volcanic National Park. With this deletion, the park will allow for 
catch and release fishing only, using a barbless hook, when fishing at 
Manzanita Lake. The existing regulation allows for the taking of native 
fish species (rainbow trout) in this small fishery. The taking of the 
native species has and would continue to adversely affect native 
species composition if allowed to continue. The NPS intends to maintain 
and, where necessary, restore the aquatic ecosystem to a natural state 
while allowing recreational fishing to continue at levels that allow 
natural processes to continue. The park will continue to manage 
boating, a restricted fishing season, closed waters, limits of catch 
and the catch and release program through the Superintendent's 
Compendium.

EFFECTIVE DATE: This final rule becomes effective on September 3, 1996.

FOR FURTHER INFORMATION CONTACT: Gilbert E. Blinn, Lassen Volcanic 
National Park, P.O. Box 100, Mineral, CA 96063.

SUPPLEMENTARY INFORMATION:

Background

    This final rule addresses a problem where a special park regulation 
(36 CFR 7.11) was not removed at the time improved management means 
were instituted to manage boating, fishing and limit of catch at Lassen 
Volcanic National Park. Operation of motorboats on all waters in the 
park and the closure to all vessels on four of the lakes within the 
park is now documented and addressed in Superintendent's Compendium 
under the authority found at 36 CFR 1.5, Closures and public use 
limits. Fishing restrictions on Grassy Creek during certain months of 
the year, and closure of certain other waters to fishing is also 
documented and addressed in the Superintendent's Compendium.
    In 1976, fish stocking of Manzanita Lake was discontinued after 44 
years of almost annual stocking due to the policy of the NPS to cease 
artificial management of natural resources. In 1982, due to 
observations that the fishery at Manzanita Lake was declining, a 
fisheries study of the lake was conducted. As a result of this study, 
two recommendations were made for Manzanita Lake: (1) Reduce the 
current limit of 5 trout or 5 pounds and 1 trout, to 1 or 2 fish of 18 
inches or more; or (2) designate the lake as catch and release only, 
using artificial lures and barbless hooks. In 1984, the California Game 
and Fish Commission recommended that the NPS adopt regulations for 
catch and release fishing only using artificial lures with a barbless 
hook in Manzanita Lake.
    In March of 1985, in order to restore natural aquatic ecosystems 
while allowing recreational fishing in Manzanita Lake, the park adopted 
catch and release fishing with artificial lures and barbless hooks. 
This is addressed in the Superintendent's Compendium.
    Other management options considered included leaving the current 
regulation in place and returning to more consumptive methods of 
fishing. Continuing fishery studies and public comment favor the catch 
and release fishing method. Closures and restrictions are documented 
and addressed in the Superintendent's

[[Page 46380]]

Compendium and need not be repeated in the special regulations.
    The deletion of the existing rule allows the park to continue to 
restore the natural aquatic ecosystem while allowing recreational 
fishing in all park waters. Closures and restrictions have been in 
place in the park for over 20 years and are fully accepted and 
supported by the visiting public and the State of California.

Administrative Procedure Act

    In accordance with the Administrative Procedure Act (5 U.S.C. 
553(b)(B)), the NPS is promulgating this rule under the ``good cause'' 
exception of the Act from general notice and comment rulemaking. As 
discussed above, the NPS believes this exception is warranted because 
the existing regulations are no longer used and have not been used for 
over 20 years. This final rule will not impose any additional 
restrictions on the public and comments on this rule are deemed 
unnecessary. Based upon this discussion, the NPS finds pursuant to 5 
U.S.C. 533(b)(B) that it would be contrary to the public interest to 
publish this rule through general notice and comment rulemaking.
    The NPS also believes that publishing this final rule 30 days prior 
to the rule becoming effective would be counterproductive and 
unnecessary for the reasons discussed above. A 30-day delay in this 
instance would be unnecessary and contrary to the public interest. 
Therefore, under the ``good cause'' exception of the Administrative 
Procedure Act (5 U.S.C. 553(d)(3)), it has been determined that this 
final rulemaking is excepted from the 30-day delay in the effective 
date and will therefore become effective on the date published in the 
Federal Register.

Drafting Information

    The primary authors of this rule are Bryan Swift, Chief Ranger of 
Lassen Volcanic National Park, and Dennis Burnett, Washington Office of 
Ranger Activities, National Park Service.

Paperwork Reduction Act

    This final rule does not contain collections of information 
requiring approval by the Office of Management and Budget under the 
Paperwork Reduction Act of 1995.

Compliance With Other Laws

    This rule was not subject to Office of Management and Budget review 
under Executive Order 12866. The Department of the Interior determined 
that this document will not have a significant economic effect on a 
substantial number of small entities under the Regulatory Flexibility 
Act (5 U.S.C. 601 et seq.). The economic effects of this rulemaking are 
local in nature and negligible in scope.
    The NPS has determined and certifies pursuant to the Unfunded 
Mandates Reform Act (2 U.S.C. 1502 et seq.), that this rule will not 
impose a cost of $100 million or more in any given year on local, State 
or tribal governments or private entities.
    The NPS has determined that this rule will not have a significant 
effect on the quality of the human environment, health and safety 
because it is not expected to:
    (a) Increase public use to the extent of comprising the nature and 
character of the area or causing physical damage to it;
    (b) Introduce non-compatible uses that may compromise the nature 
and characteristics of the area, or cause physical damage to it;
    (c) Conflict with adjacent ownerships or lands uses; or
    (d) Cause a nuisance to adjacent owners or occupants.
    Based upon this determination, this final rule is categorically 
excluded from the procedural requirements of the National Policy Act 
(NEPA) by Departmental regulations in 516 DM 6 (49 FR 21438). As such, 
neither an Environmental Assessment (EA) nor an Environmental Impact 
Statement (EIS) has been prepared.

List of Subjects in 36 CFR Part 7

    National parks, Reporting and recordkeeping requirements.

    In consideration of the foregoing, 36 CFR Chapter I is amended as 
follows:

PART 7--SPECIAL REGULATIONS, AREAS OF THE NATIONAL PARK SYSTEM

    1. The authority citation for Part 7 continues to read as follows:

    Authority: 16 U.S.C. 1, 3, 9a, 460(q), 462(k); Sec. 7.96 also 
issued under D.C. Code 8-137 (1981) and D.C. Code 40-721 (1981).


Sec. 7.11  [Removed]

    2. Section 7.11 is removed.

    Dated: August 15, 1996.
George T. Frampton, Jr.,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 96-22331 Filed 8-30-96; 8:45 am]
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