[Federal Register Volume 61, Number 199 (Friday, October 11, 1996)]
[Rules and Regulations]
[Pages 53329-53330]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-25961]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Subchapter D
RIN 1018-AD72
Removal of Subchapter D; Management of Wildlife Research Areas
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Final rule.
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SUMMARY: The U.S. Fish and Wildlife Service (Service) removes
Subchapter D, Management of Wildlife Research Areas from Title 50.
Subchapter D (Part 60) provides special regulations for the Patuxent
Wildlife Research Center (PWRC). Since the land base of PWRC is managed
only by the Service as a part of the National Wildlife Refuge System
and all public use must be compatible with the primary purpose of the
area, future public use regulations will be published in parts 25-32 of
title 50. The regulations regarding fishing, contained in this section
prior to this action, have been relocated. The Service has determined
that this action is consistent with principles of sound fish and
wildlife management, and is otherwise in the public interest.
EFFECTIVE DATE: This rule is effective October 11, 1996.
FOR FURTHER INFORMATION CONTACT: Stephen R. Vehrs, Telephone (703) 358-
2397.
SUPPLEMENTARY INFORMATION: This administrative action was not published
as a proposed rule since it does not increase or decrease protection
for the unit, or impose any management actions where the public is
impacted. The Service will manage the unit under the regulations
contained in Parts 25-32 which are essentially the same, if not
identical to, those removed here. The PWRC historically was managed in
partnership with the Service's Research Region, and this organization
and function recently was reassigned to the National Biological
Service. The National Wildlife Refuge System (Refuge System) has
management jurisdiction over the wildlands of the Center. This rule is
an administrative action to simplify and reduce unnecessary Federal
regulations.
For the forgoing reasons, and in accordance with 5 U.S.C. Sec.
553(b)(3)(B), the Department of the Interior, U.S. Fish and Wildlife
Service, for good cause finds that notice and opportunity for public
comment are unnecessary.
National wildlife refuges generally are closed to hunting and sport
fishing until opened by rulemaking. Public uses are controlled under
Parts 25-32 of Title 50 CFR. The Secretary of the Interior (Secretary)
may open units of the Refuge System to hunting, fishing and other
public uses upon a determination that such uses are compatible with the
purpose(s) for which the area 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
removes Subchapter D, Management of Wildlife Research Areas from Title
50 CFR.
The special regulations pertaining to fishing removed by this
action (50 CFR 60.11) were relocated to (50 CFR 32.39). The Service
published those regulations as part of a final rule, September 3, 1996
at 61 FR 46390. This rule is final upon publication. The Service has
determined that any further delay in the implementation of these refuge
regulations would not be in the public interest in that it would hinder
the effective planning and administration of the refuge programs. Delay
of 30 days would jeopardize the refuge program 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
Patuxent Wildlife Research Center is a unit within the Refuge
System administered by the Service on behalf of the Secretary. The
National Wildlife Refuge System Administration Act of 1966, as amended
(NWRSAA) (16 U.S.C. 668dd), and the Refuge Recreation Act of 1962 (RRA)
(16 U.S.C. 460k) govern the administration and public use of units of
the Refuge System. Specifically, Section 4(d)(1)(A) of the NWRSAA
authorizes the Secretary to permit the use of any areas within the
Refuge System for any purpose including, but not limited to, hunting,
fishing, public recreation and accommodations, and access, when the
Secretary determines that such uses are compatible with the purposes
for which each unit was established. The Secretary receives additional
authority from the RRA to administer refuge 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 purposes for which the refuges were established.
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. General regulations in Subchapter C apply to
all National Wildlife Refuges and the specific regulations for Patuxent
Wildlife Research Center in Title 50 CFR 32.39 will remain in effect.
Removal of Part 60 has no impact on what activities are allowed on the
refuge.
Economic Effect
This rulemaking was not subject to Office of Management and Budget
review under Executive Order 12866. In addition, a review under the
Regulatory Flexibility Act of 1980 (5 U.S.C. 601 et seq.) has revealed
that the rulemaking would not change public recreation or visitation to
the surrounding area of the Patuxent Wildlife Research Center.
Therefore, the rulemaking would not have a significant effect on a
substantial number of small entities, such as businesses, organizations
and governmental jurisdictions in the area.
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 not prepared for this action. With regard
to the Endangered Species Act, the Service determined that this final
action is administrative in nature and will not affect any Federally
listed or proposed for listing threatened or endangered species or
their critical habitats.
Unfunded Mandates
The Service has determined and certifies pursuant to the Unfunded
Mandates Act, 2 U.S.C. 1502 et seg., 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.
[[Page 53330]]
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, is the primary author of this final rulemaking
document.
List of Subjects in Part 60
Research, Wildlife.
Accordingly, under the authority 16 U.S.C. 460(k) subchapter D,
consisting of part 60, is removed and reserved.
Dated: August 13, 1996.
George T. Frampton, Jr.,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 96-25961 Filed 10-10-96; 8:45 am]
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