[Federal Register Volume 61, Number 121 (Friday, June 21, 1996)]
[Proposed Rules]
[Pages 31901-31904]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-15291]



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DEPARTMENT OF THE INTERIOR
50 CFR Part 32

RIN 1018-AD82


Addition of Mandalay National Wildlife Refuge to the List of Open 
Areas for Sport Fishing in Louisiana

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule.

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[[Page 31902]]

SUMMARY: The U.S. Fish and Wildlife Service (Service) proposes to add 
Mandalay National Wildlife Refuge to the list of areas open for sport 
fishing in Louisiana 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 Mandalay National Wildlife Refuge to 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 
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 this opening is 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 Mandalay 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 sport fishing is 
compatible and consistent with the primary purposes for which the 
refuge was established and that sufficient funds are available to 
conduct the activity. A brief description of the refuge program 
follows.

Mandalay National Wildlife Refuge

    The Mandalay NWR is located 5 miles west of Houma, in south central 
Louisiana. It contains 4,618 acres of freshwater marshes, bordering 
swamps, upland ridges, oil field canals, and other bodies of water. The 
refuge is bisected by the Gulf Intracoastal Waterway and bordered by 
private marshes on three sides. Swamps, bottom land hardwoods and 
agricultural (sugarcane) areas border the refuge to the north.
    Parts of the project area are seasonally flooded by the Lower 
Atchafalaya River and water is impounded in the marshes because 
drainage is slow. High tides further complicate drainage. The area's 
poor interior drainage has caused some changes in the vegetation, but 
in general the existing plant communities remain essentially the same.
    The refuge was established to preserve and protect freshwater 
marshes in the Western Terrebonne Parish. The refuge is a top priority 
wetland conservation project of the Gulf Coast Joint Venture of the 
North American Waterfowl Management Plan. The refuge contains cypress-
tupelo swamp and numerous canals that are used by the petroleum 
industry. It provides excellent habitat for water birds, other 
migratory birds, white-tailed deer, furbearers and many other wildlife 
species.
    The primary purpose of the Mandalay NWR is to manage the area from 
an ecosystem perspective for the benefit of migratory birds and other 
wildlife. In order to meet specific refuge and other broader Service 
directives, the following objectives have been established for Mandalay 
NWR:
    <bullet> To provide the highest quality migratory bird habitat 
possible;

[[Page 31903]]

    <bullet> To provide for the needs of endangered plants and animals;
    <bullet> To allow compatible public uses such as fishing, trapping, 
wildlife observation and photography;
    <bullet> To promote research and restoration of wetland resources; 
and
    <bullet> To provide opportunities for environmental education and 
interpretation when possible.
    The proposed sport fishing program is designed to contribute to or 
be compatible with refuge objectives. It will provide high quality, 
wildlife-dependent recreation to the general public and the opportunity 
to utilize a renewable resource. It would also maintain fish 
populations at optimum levels.
    The species represented include largemouth bass, bluegill, red-ear 
and other sunfishes, and channel catfish and are all capable of 
sustaining fishing pressure. Areas that will support the fisheries 
resources are limited to Lake Hatch, canals and ponds on the refuge.
    Areas open to sport fishing would depend on migratory bird use 
during the migration period. Resting and feeding areas will be closed 
to fishing to protect migratory birds from disturbance during the 
winter months. Other areas may be open to sport fishing throughout the 
fishing season. An existing 1,972 acre private hunting and fishing 
lease surrounds Lake Hatch and will be closed to public use until May 
15, 2000.

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 
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.
    The refuge is located away from large metropolitan areas. 
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 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. 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 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 hunters 
$20, and migratory bird hunters $33.
    Applying these national averages to projected visitation at 
Mandalay NWR results in the following: 500 fishermen are expected to 
spend $20,500 annually in pursuit of their sport while 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, 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)), 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 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.

    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 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 alphabetically adding the listing ``Mandalay 
National Wildlife Refuge'' under the State of Louisiana.
    3. Section 32.37 Louisiana is amended by adding in alphabetical 
order Mandalay National Wildlife Refuge to read as follows:


Sec. 32.37  Louisiana.

* * * * *

Mandalay National Wildlife Refuge

    A. Hunting of Migratory Game Birds. [Reserved].
    B. Upland Game Hunting. [Reserved].
    C. Big Game Hunting. [Reserved].
    D. Sport Fishing. Sport fishing is permitted subject to the 
following conditions:
    1. Refuge permits required (Free).
    2. Any person entering, using or occupying the refuge must abide 
by all terms and conditions set forth in the appropriate refuge 
permit (brochure).
* * * * *

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    Dated: June 7, 1996.
George T. Frampton, Jr.,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 96-15291 Filed 6-20-96; 8:45 am]
BILLING CODE 4310-55-P