31906 Federal Register / Vol. 61, No. 121 / Friday, June 21, 1996 / Proposed Rules

listing ‘‘Tallahatchie National Wildlife

Refuge’’ under the State of Mississippi.

3. Section 32.43 Mississippi is

amended by adding in alphabetical

order Tallahatchie National Wildlife

Refuge to read as follows:

§ 32.43 Mississippi.

* * * * *

Tallahatchie National Wildlife Refuge

A. Hunting of Migratory Game Birds.

[Reserved]

B. Upland Game Hunting. [Reserved]

C. Big Game Hunting. [Reserved]

D. Sport Fishing. Fishing is permitted on

designated areas of the refuge subject to the

following conditions:

1. Commercial fishing is prohibited.

2. Daylight use only.

3. Camping is prohibited.

4. Vehicle use is restricted to designated

roads.

5. Littering in any form is strictly

prohibited.

6. Fires are not permitted on the refuge.

7. All terrain vehicles are not permitted.

8. All State regulations governing seasons,

licenses, and creel limits apply.

9. The use of nets, seines, trot lines, or any

similar device for taking of fish is prohibited.

* * * * *

Dated: June 7, 1996.

George T. Frampton, Jr.,

Assistant Secretary for Fish and Wildlife and

Parks.

[FR Doc. 96–15289 Filed 6–20–96; 8:45 am]

BILLING CODE 4310–55–P

50 CFR Part 32

RIN 1018–AD89

Addition of Boyer Chute National

Wildlife Refuge to the List of Open

Areas for Sport Fishing in Nebraska

AGENCY: Fish and Wildlife Service,

Interior.

ACTION: Proposed rule.

SUMMARY: The U.S. Fish and Wildlife

Service (Service) proposes to add Boyer

Chute National Wildlife Refuge to the

list of areas open for sport fishing in

Nebraska 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

renewable natural resource area.

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 Boyer Chute 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.

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 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 fishing programs. Upon

review of these documents, the

Secretary has determined that the

opening of the Boyer Chute National

Wildlife Refuge to 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.

Boyer Chute National Wildlife Refuge

Boyer Chute National Wildlife Refuge,

located in Washington County,

Nebraska, comprises approximately

2,000 acres of bottomland forest,
Federal Register / Vol. 61, No. 121 / Friday, June 21, 1996 / Proposed Rules 31907

irrigated cropland, and wetland habitat.

The majority of the refuge consists of an

island between the Missouri River and

the restored river chute, for which the

refuge was named with additional land

bordering the west bank of Boyer Chute.

The Service established the refuge to

provide the diversity associated with

river floodplain, chutes and

bottomlands; and with secondary goals

to provide educational opportunities

and compatible outdoor recreation.

Refuge objectives are to:

• Provide resting, feeding, nesting,

and migration habitat for waterfowl and

other birds.

• Provide nesting, feeding, and

resting habitat for the fisheries resources

that make use of the chute and

backwaters. The Missouri River

floodplain serves as one of the more

important migration corridors for

waterfowl, shorebirds, birds of prey, and

songbirds;

• Protect endangered and threatened

species and their habitats. The bald

eagle, a federally-listed threatened

species, winters along the Missouri

River. The lake and pallid sturgeon,

known to exist at the mouth of the Platte

River, could exist in Boyer Chute;

• Protect, restore, and manage

wetlands, bottomland forests, and

backwater chute habitat in support of

the North American Waterfowl

Management Plan and the National

Wetlands Priority Conservation Plan.

Fishing opportunities primarily will

focus on bank fishing along the Boyer

Chute and near the inlet and outlet to

the chute in the Missouri River. The

Service will provide access to numerous

locations via two canoe launch boat

ramps and five additional fishing access

points to distribute fishing pressure.

Fishing, along the river or on the

interior ‘‘island,’’ will require foot travel

over trails. Natural access limitations

such as seasonal water levels, which

could restrict use and limit walk-in

access, will ensure that wildlife and

habitat management goals are

maintained. It is doubtful that the

average angler will travel over a quartermile on foot to fish.

The Boyer Chute Refuge and the

Missouri River support a naturallyoccurring fishery resource. The Service

will open the refuge year-round for

fishing use, but may limit access

seasonally. Low Missouri River water

levels in the fall may limit fishing

opportunities during the winter in the

chute, and flooding may periodically

occur.

Numbers and species of fish and

wildlife allowed to be taken along with

the permitted methods of taking, are the

same as current State of Nebraska (State)

regulations. Specific refuge regulations

as delineated in this proposed opening

will supplement State fishing

regulations. The Service and the State

will perform enforcement activities on

the chute. The Service will regulate and

monitor bank fishing activities during

routine patrol of the refuge. The refuge

manager also has discretion to close all

or portions of the refuge for public

safety or resource protection.

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 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. 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

program 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 Boyer Chute NWR

results in the following: 500 fisherman

are expected to spend $20,500 annually

while fishing on the refuge. While many

of these fishermen already made 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 the rulemaking would

increase visitation and expenditures in

the surrounding area of the refuge. The

rulemaking 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.

Unfunded Mandates

The Service has determined and

certifies pursuant to the Unfunded

Mandates Act, 2 U.S.C. 1502 et seq., that
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