Federal Register / Vol. 61, No. 121 / Friday, June 21, 1996 / Proposed Rules 31897

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. Refuge lands were not

generally available for general public

use prior to government acquisition;

however, they were fished and hunted

upon by friends and relatives of the

landowners, and some were 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.

Economic impacts of refuge fishing

and hunting programs 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 Patoka River

NWR results in the following: 500

fisherman are expected to spend

$20,500 annually in pursuit of their

sport, while an estimated 500 hunters

will spend $16,500 annually hunting on

the refuge. While many of these

fishermen already made such

expenditures prior to the refuge

opening, minor amounts of these

additional expenditures are due directly

to the land now being open to the

general public.

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 is

not likely to adversely 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 noted below.

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.

§ 32.7 [Amended]

2. Section 32.7 List of refuge units

open to hunting and/or fishing is

amended by adding the alphabetical

listing of ‘‘Patoka River National

Wildlife Refuge and Management Area’’

under the State of Indiana.

3. Section 32.33 Indiana is amended

by adding in alphabetical order Patoka

River National Wildlife Refuge to read

as follows:

§ 32.33 Indiana.

* * * * *

Patoka River National Wildlife Refuge

A. Hunting of Migratory Game Birds.

Hunting of migratory game birds is permitted

on designated areas of the refuge subject to

posted regulations.

B. Upland Game Hunting. Upland game

hunting is permitted on designated areas of

the refuge subject to posted regulations.

C. Big Game Hunting. Big game hunting is

permitted on designated areas of the refuge

subject to posted regulations.

D. Sport Fishing. Fishing is permitted on

designated areas of the refuge subject to

posted regulations.

Dated: June 3, 1996.

George T. Frampton, Jr.,

Assistant Secretary for Fish and Wildlife and

Parks.

[FR Doc. 96–15132 Filed 6–20–96; 8:45 am]

BILLING CODE 4310–55–P

50 CFR Part 32

RIN 1018–AD79

Addition of Big Branch Marsh National

Wildlife Refuge to the List of Open

Areas for Hunting and Sport Fishing in

Louisiana

AGENCY: Fish and Wildlife Service,

Interior.

ACTION: Proposed rule.

SUMMARY: The U.S. Fish and Wildlife

Service (Service) proposes to add Big

Branch Marsh National Wildlife Refuge

to the list of areas open for hunting and

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
31898 Federal Register / Vol. 61, No. 121 / Friday, June 21, 1996 / Proposed Rules

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 Big Branch Marsh

National Wildlife Refuge to hunting of

migratory game birds, big game and

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.

Hunting and sport fishing plans are

developed for each existing refuge prior

to opening it to hunting or fishing. 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 refugespecific regulations to administer the

fishing and hunting programs. Upon

review of these documents, the

Secretary has determined that the

opening of the Big Branch Marsh

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. A brief description

of the refuge program follows.

Big Branch Marsh National Wildlife

Refuge

Big Branch Marsh National Wildlife

Refuge, established on September 30,

1994, includes lands and waters located

in St. Tammany Parish, Louisiana. Big

Branch Marsh NWR objectives are to:

• Provide habitat for a natural

diversity of wildlife associated with Big

Branch Marsh;

• Provide wintering habitat for

migratory waterfowl;

• Provide nesting habitat for wood

ducks;

• Provide habitat for non-game

migratory birds; and

• Provide opportunities for public

outdoor recreation, such as hunting,

fishing, hiking, birdwatching, and

environmental education and

interpretation, whenever they are

compatible with the purposes for the

refuge.

The refuge management program has

centered on basic resource protection

and management through law

enforcement and forest habitat

management. Establishing a public

hunting and fishing program on the

refuge will provide for the continuation

of traditional uses of refuge lands.

St. Tammany Parish has experienced

tremendous population growth in recent

years with a fifty percent increase in

rural growth during the last decade

alone. This continuing growth has

resulted in a high demand for outdoor

recreational opportunities on public

lands.

The Service proposes to open the

refuge to recreational hunting and sport

fishing under conditions set forth in the

refuge hunting and fishing plans and in

accordance with state regulations and

refuge specific regulations.

Paperwork Reduction Act

This regulation has been examined

under the Paperwork Reduction Act of

1995 and has been found to contain no

information collection requirements.

Economic Effect

Service review has revealed that this

rulemaking will increase hunter and

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.

This refuge is located within

commuting distance to a large

metropolitan area. 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 slight positive effect on such

entities; however, the amount of

revenue generated is not large.

Many area residents enjoy a rural to

urban 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. Refuge lands were not
Federal Register / Vol. 61, No. 121 / Friday, June 21, 1996 / Proposed Rules 31899

generally available for general public

use prior to government acquisition;

however, they were fished and hunted

upon by friends and relatives of the

landowners, and some were 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.

Economic impacts of refuge fishing

and hunting 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 Big Branch Marsh

NWR results in the following: 20,000

fisherman are expected to spend

$820,000 annually in pursuit of their

sport, while an estimated 1,000 hunters

will spend $35,000 annually hunting on

the refuge. While many of these

fishermen and hunters already make

such expenditures prior to the refuge

opening, minor amounts of these

additional expenditures are directly due

to the land now being open to the

general public.

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 only slightly 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 noted below.

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, is the primary

author of this proposed rulemaking

document.

List of Subjects in 50 CFR Part 32

Fishing, Hunting, Reporting and

recordkeeping requirements, Wildlife,

and 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.

§ 32.7 [Amended]

2. Section 32.7 List of refuge units

open to hunting and/or fishing is

amended by adding the alphabetical

listing of ‘‘Big Branch Marsh National

Wildlife Refuge’’ under the State of

Louisiana.

3. Section 32.37 Louisiana is

amended by adding in alphabetical

order Big Branch Marsh National

Wildlife Refuge to read as follows:

§ 32.37 Louisiana.

* * * * *

Big Branch Marsh National Wildlife Refuge

A. Hunting of Migratory Game Birds.

Hunting of ducks, coots, and snow geese is

permitted on designated areas of the refuge

subject to the following conditions:

1. Permits are required.

B. Upland Game Hunting. [Reserved]

C. Big Game Hunting. Hunting of whitetailed deer is permitted on designated areas

of the refuge subject to the following

conditions:

1. Permits are required.

D. Sport Fishing. Fishing is permitted on

designated areas of the refuge subject to the

following conditions:

1. Fishing is permitted during daylight

hours only.

2. Only the use of rod and reel or pole and

line is permitted.

3. The use of trotlines, slat traps and nets

is prohibited.

4. The use of boats and motors larger than

25 horsepower is not permitted.

5. Air-thrust boats, motorized pirogues, godevils, and mud boats are not permitted in

refuge waters.

* * * * *

Dated: June 3, 1996.

George T. Frampton, Jr.,

Assistant Secretary for Fish and Wildlife and

Parks.

[FR Doc. 96–15137 Filed 6–20–96; 8:45 am]

BILLING CODE 4310–55–P

50 CFR Part 32

RIN 1018–AD77

Addition of Grand Cote National

Wildlife Refuge to the List of Open

Areas for Sport Fishing in Louisiana

AGENCY: Fish and Wildlife Service,

Interior.

ACTION: Proposed rule.

SUMMARY: The U.S. Fish and Wildlife

Service (Service) proposes to add Grand

Cote National Wildlife Refuge to the list

of areas open for sport fishing in

Louisiana along with pertinent refugespecific 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.