[Federal Register Volume 63, Number 53 (Thursday, March 19, 1998)]
[Rules and Regulations]
[Pages 13341-13343]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-7110]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
National Park Service
36 CFR Part 7
RIN 1024-AC33
Shenandoah National Park, Recreational Fishing Regulations
AGENCY: National Park Service, Interior.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The National Park Service (NPS) is removing the special
fishing regulations for Shenandoah National Park. The NPS believes that
the general regulations found at 36 CFR parts 1 and 2 will provide
adequate regulatory control to enable the Superintendent to manage the
fishing resources within Shenandoah National Park. This duplication of
regulations is unnecessary and often confusing.
EFFECTIVE DATE: This final rule becomes effective on April 20, 1998.
FOR FURTHER INFORMATION CONTACT: Greg Stiles, Assistant Chief Ranger,
Shenandoah National Park, 3655 U.S. Highway 211 East, Luray, VA 22835.
Telephone 540-999-3401.
SUPPLEMENTARY INFORMATION:
Background
The special regulations for fishing for Shenandoah National Park
are codified at 36 CFR 7.15(a). These regulations
[[Page 13342]]
permit recreational fishing in selected streams of the Park as
designated by the Superintendent, establish seasons, creel and size
limits and licensing requirements. A proposed rule to eliminate these
special regulations was published in the Federal Register on February
12, 1997 (61 FR 5354). Six comments were received during the public
comment period. This final rule will eliminate all paragraphs of 36 CFR
7.15 pertaining to recreational fishing in Shenandoah National Park.
General regulations found at 36 CFR 1.5 (Closures and public use
limits) and 36 CFR 2.3 (Fishing) provide sufficient control for the
park to adequately manage its fishing resources.
Section-by-Section Analysis
1. Open Waters and Applicability
The general regulations for Fishing, found at 36 CFR 2.3, establish
that fishing in the parks, except in designated areas, will be in
accordance with nonconflicting laws and regulations of the State within
whose exterior boundaries a park area is located. Existing State
fishing regulations are sufficient for the proper management of the
fisheries at Shenandoah National Park. The opening, closing and public
use limits for recreational fishing in the parks require an annual
review by park management. Any possible changes in public use
associated with fisheries resources are adequately covered at 36 CFR
1.5. Therefore, special regulation 36 CFR 7.15(a)(1) Open Waters, is
not necessary and will be removed.
2. Applicability
In that the NPS is proposing to remove all special regulations
pertaining to fishing, a separate paragraph on the applicability of
special fishing regulations is not necessary. Therefore, 36 CFR
7.15(a)(2) Applicability, will be removed.
3. Season
The State of Virginia has established a year-round open season to
permit fishing on all state designated trout streams. Special
regulation 36 CFR 7.15(a) established an opening date that coincided
with the State opening date, which no longer exists. However, 36 CFR
2.3 Fishing, provides for recreational fishing, except in designated
areas, in accordance with the laws and regulations of the State. 36 CFR
1.5(a)(2) allows the park to designate areas for a specific use or
activity, or impose conditions or restrictions on a use or activity.
This will allow the park to establish limits in certain designated
areas when necessary. Therefore, 36 CFR 7.15(a)(3) is no longer needed
and will be removed.
4. License
36 CFR 2.3 establishes that fishing in the parks will be in
accordance with State laws. All persons 16 years and older fishing in
the Shenandoah National Park must have a Virginia State fishing license
in his/her possession. Since there is no need for a special regulation
for licensing, 36 CFR 7.15(a)(4) will be removed.
5. Size and Creel Limits
The State of Virginia has increased the minimum size limit for
trout from eight (8) inches to nine (9) inches and has a maximum creel
limit of six (6) fish compared to current limit of five (5) the park
has. To avoid confusion and to be consistent with the limits
established by the State, the park uses the State's limits. Size and
creel limits for other species of game-fish caught in the park will
also be in compliance with those established by the State of Virginia.
Special regulations concerning size and creel limits are not needed as
36 CFR 2.3, Fishing, would apply. Therefore, 36 CFR 7.15(a)(5) and 36
CFR 7.15(a)(6) will be removed.
6. Lures; Bait
36 CFR 2.3 Fishing, currently regulates the use of bait, and the
State of Virginia permits only the use of a single hook, which may be
barbed or barbed-less. A special regulation concerning lures and bait
is not necessary, therefore 36 CFR 7.15(a)(7) will be removed.
7. Fish for Fun
The term ``fish for fun'' is normally associated with activities
provided by fish stocking programs in specially designated streams.
Fish stocking does not occur within the Park. However, the State law
for ``Catch and Release'' adequately allows for the protection of
native and non-native fish populations on designated streams. 36 CFR
1.5(a)(2) and 36 CFR 2.3(a) allow for the designation of ``Catch and
Release'' streams that are consistent with State regulations.
Therefore, 36 CFR 7.15(a)(8) is not necessary and will be removed.
Public Comments
The NPS received six comments during the public comment period.
Five of the commenters supported the regulatory change. One of the
commenters stated that the proposed rulemaking would not protect park
fisheries as well as the special regulations. The NPS has determined
that this is not a valid concern, as the use of existing regulations at
36 CFR parts 1 and 2 allow the Superintendent to take necessary action
to protect fisheries at any time, including actions that may have the
same effect as the special regulations, as well as actions which can be
more or less restrictive. These actions can be taken in a much more
timely manner than rulemaking allows.
Drafting Information
The process used to develop this proposed rule included numerous
reviews by Park staff, consultations with Virginia Department of Game
and Inland Fisheries Biologists, consultations with numerous fisheries
biologists from other parks, agencies, research institutions and
organizations. The primary authors of this rulemaking are William J.
Cook, Center for Resources, Shenandoah National Park, Greg Stiles,
Resource and Visitor Protection Services, Shenandoah National Park, and
Dennis Burnett, Washington Office of Ranger Activities, National Park
Service.
Paperwork Reduction Act
This rule does not contain collections of information that require
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 Department has determined that this rule meets the applicable
standards provided in Section 3(a) and 3(b)(2) of Executive Order
12988.
This rule is not a major rule under the Congressional review
provisions of the Small Business Regulatory Enforcement Fairness Act (5
U.S.C. 804(2)).
The NPS has determined that this proposed rulemaking will not have
a significant effect on the quality of the
[[Page 13343]]
human environment, health and safety because it is not expected to:
(a) Increase public use to the extent of compromising the nature
and character of the area or causing physical damage to it;
(b) Introduce incompatible uses which compromise the nature and
character of the area or causing physical damage to it;
(c) Conflict with adjacent ownerships or land uses; or
(d) Cause a nuisance to adjacent owners or occupants.
Based on this determination, the rulemaking is categorically
excluded from the procedural requirements of the National Environmental
Policy Act (NEPA) and by Departmental guidelines in 516 DM 6 (49 FR
21438). As such, neither an Environmental Assessment nor an
Environmental Impact Statement has been prepared.
This final rulemaking is consistent with and supportive of
Executive Order 12962, Recreational Fisheries, issued June 7, 1995.
Through this Executive Order, Federal agencies will, to the extent
permitted by law and where practicable, and in cooperation with States
and Tribes, improve the quantity, function, sustainable productivity
and distribution of U.S. aquatic resources for increased recreational
fishing opportunities. Establishment of this rulemaking is consistent
with the extent and purposes of the Fish and Wildlife Act of 1956 (16
U.S.C. 742a-d, and e-j), the Fish and Wildlife Coordination Act (16
U.S.C. 661-666c) and the Magnuson Fishery Conservation and Management
Act (16 U.S.C. 1801-1882).
List of Subjects in 36 CFR Part 7
National parks, District of Columbia, Reporting and recordkeeping
requirements.
In consideration of the foregoing, the NPS is amending 36 CFR
Chapter I 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. 7.15 Shenandoah National Park.
2. Section 7.15 is amended by removing paragraph (a) and
redesignating paragraphs (b) through (d) as new paragraphs (a) through
(c).
Dated: January 16, 1998.
Donald J. Barry,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 98-7110 Filed 3-18-98; 8:45 am]
BILLING CODE 4310-70-P