31908 Federal Register / Vol. 61, No. 121 / Friday, June 21, 1996 / Proposed Rules

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 ‘‘Boyer Chute National

Wildlife Refuge’’ under the State of

Nebraska.

3. Section 32.46 Nebraska is amended

by adding in alphabetical listing of

Boyer Chute National Wildlife Refuge to

read as follows:

§ 32.46 Nebraska.

* * * * *

Boyer Chute National Wildlife Refuge

A. Hunting of Migratory Game Birds.

[Reserved]

B. Upland Game Hunting. [Reserved]

C. Big Game Hunting. [Reserved]

D. Sport Fishing. Designated areas of the

refuge are open in accordance with State

fishing regulations and the special conditions

that follow:

1. Personally-attended hook and line

fishing is permitted, during daylight hours

only.

2. Only non-motorized vessels are

permitted in the Chute. Vessels may not be

left on the refuge overnight,

3. No floating, limb, or trot lines are

permitted.

4. No bow, crossbow, snagging, or spear

fishing is allowed.

5. No bait digging, netting, frog, or mussel

(clam) collecting is allowed.

* * * * *

Dated: June 3, 1996.

George T. Frampton, Jr.

Assistant Secretary for Fish and Wildlife and

Parks.

[FR Doc. 96–15131 Filed 6–20–96; 8:45 am]

BILLING CODE 4310–55–P

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 32

RIN 1018–AD88

Addition of Big Muddy National

Wildlife Refuge to the List of Open

Areas for Hunting and Sport Fishing in

Missouri

AGENCY: Fish and Wildlife Service,

Interior.

ACTION: Proposed rule.

SUMMARY: The U.S. Fish and Wildlife

Service (Service) proposes to add Big

Muddy National Wildlife Refuge to the

list of areas open for hunting and sport

fishing in Missouri 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 Big Muddy National

Wildlife Refuge to hunting migratory

game birds, upland game, 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
Federal Register / Vol. 61, No. 121 / Friday, June 21, 1996 / Proposed Rules 31909

(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

hunting and fishing programs. Upon

review of these documents, the

Secretary has determined that the

opening of the Big Muddy 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 Muddy National Wildlife Refuge.

The Big Muddy National Fish and

Wildlife Refuge is located east of Kansas

City, Missouri, to slightly down river

from Jefferson City. The refuge was

established on September 9, 1994, under

the authority of the Fish and Wildlife

Act of 1954, ‘‘* * * for the

development, advancement,

management, conservation, and

protection of fish and wildlife resources

* * *’’ and currently consists of seven

units. It is intended to fill a public need

to preserve and restore the Missouri

River floodplain, manage fish and

wildlife habitats, and provide for

compatible public use. Approximately

60,000 acres of floodplain land may

eventually be purchased or protected in

some way. A refuge of this size will

contribute to goals for river ecosystem

conservation and restoration, threatened

and endangered species recovery,

neotropical migrant bird conservation,

biological diversity, and fish and

wildlife-dependent public recreation on

a portion of the Missouri River

floodplain.

The refuge also supports and

complements the Missouri Department

of Conservation’s (MDC) 10-year

fisheries strategic plan for the Missouri

River and the U.S. Army Corps of

Engineers’ (Corps) Missouri River Fish

and Wildlife Mitigation Project

authorized by the Water Resources

Development Act of 1986. The Service

recognizes the task of restoring sections

of the Missouri River’s natural

floodplain and its associated wildlife

habitats and plant communities and the

critically important role of conservation

partnerships with other agencies, States,

Tribes, organizations, and members of

the general public. The Service action

along this section of the Missouri River,

in cooperation with other governmental

entities, private groups, and individuals,

will demonstrate the type of restoration

that is possible on other stretches of the

Missouri River. Hunting and fishing is

intended to:

• Fulfill the Service’s commitment to

provide the public with opportunities

for outdoor recreation;

• Provide valid fish and wildlife

management techniques to influence the

distribution and abundance of these

animals and aid refuge habitat

restoration and management activities;

and

• Help keep healthy wildlife

populations in balance with available

habitat.

Hunting and fishing will be allowed

on some or all of the areas acquired by

the refuge after determining that:

• Such activity is consistent with

other resource objectives; and

• Biological monitoring programs on

the refuge and local MDC properties

provide adequate assurances that target

species support a harvestable surplus.

Hunting and fishing would be

conducted in accordance with all

applicable State and federal regulations.

Coordination with MDC biologists will

promote continuity and understanding

of Service and State resource goals and

objectives and will help assure that the

decision-making process takes into

account all interests. White-tailed deer,

upland game and waterfowl will be the

primary focus of most hunting activity,

although a minor amount of incidental

hunting for other species also will

occur.

Fishing interests likely will

concentrate on panfish and largemouth

bass in isolated ponds, oxbows, scour

holes and side channels, while catfish

will make up the majority of the catch

in the Missouri River. Considering the

limited acreage currently acquired by

the refuge, it is anticipated that hunters

and anglers will record less than 500

use days the first year. This figure will

increase in proportion and at a rate

comparable to future refuge land

acquisitions. Yearly updates will be

made to the Hunting and Fishing Plan

to incorporate these acquisitions.

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 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. Much of this land was open to

hunting and/or fishing before it attained

refuge status, however, many of the

hunters and fishermen were guests of

the previous landowner and from the

local area. 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 in proximity to

large metropolitan areas. Businesses in

the area, however, 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 an 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

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
31910 Federal Register / Vol. 61, No. 121 / Friday, June 21, 1996 / Proposed Rules

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 Muddy NWR

results in the following: 300 fishermen

are expected to spend $12,300 annually

in pursuit of their sport, while an

estimated 200 hunters will spend $6,600

annually hunting 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 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 alphabetically adding the

listing ‘‘Big Muddy National Wildlife

Refuge’’ under the State of Missouri.

3. Section 32.44 Missouri is

amended by adding in alphabetical

order of Big Muddy National Wildlife

Refuge to read as follows:

§ 32.44 Missouri.

* * * * *

Big Muddy 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. Hunting upland

game 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 7, 1996.

George T. Frampton, Jr.,

Assistant Secretary for Fish and Wildlife and

Parks.

[FR Doc. 96–15288 Filed 6–20–96; 8:45 am]

BILLING CODE 4310–55–P