31904 Federal Register / Vol. 61, No. 121 / Friday, June 21, 1996 / Proposed Rules

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

50 CFR Part 32

RIN 1018–AD81

Addition of Tallahatchie National

Wildlife Refuge to the List of Open

Areas for Sport Fishing in Mississippi

AGENCY: Fish and Wildlife Service,

Interior.

ACTION: Proposed rule.

SUMMARY: The U.S. Fish and Wildlife

Service (Service) proposes to add

Tallahatchie National Wildlife Refuge to

the list of areas open for sport fishing in

Mississippi 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 national

wildlife refuges.

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 Tallahatchie 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 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 fishing program. Upon

review of these documents, the

Secretary has determined that the

opening of the Tallahatchie 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.

In accordance with the NWRSAA and

the RRA, the Secretary also has

determined that this opening for 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.

Tallahatchie National Wildlife Refuge

Tallahatchie National Wildlife Refuge

is located in Grenada, Quitman, and

Tallahatchie Counties in the central

portion of the Mississippi Wetland

Management District. Clarksdale is

northwest of Black Bayou and Grenada

is east of Bear Lake. Mathews Brake

National Wildlife Refuge lies south of

Bear Lake. Access to the property is by

county-maintained gravel roads, field

roads, and State Highway 8.

The Service proposes to acquire

approximately 15,000 acres in two

separate units. The northern unit, Black

Bayou, is located in the southeast corner

of Quitman County and adjacent

Tallahatchie County. The southern unit,

Bear Lake, lies along the TallahatchieGrenada county line.

The refuge is located in an area of the

Lower Mississippi River Delta known as

the Yazoo Basin, of which the

Tallahatchie River Basin is a

component. The entire area is subject to

seasonal backwater flooding from the

Tallahatchie River System.

This area is rich in biological

diversity and is home for myriad

wildlife species such as deer, squirrel,
Federal Register / Vol. 61, No. 121 / Friday, June 21, 1996 / Proposed Rules 31905

rabbit, raccoons, ducks, other small

mammals and birds. The habitat

consists of bottomland hardwoods,

cleared lands in agricultural use, fallow

fields, and a moist soil complex that

contains eight separate catfish pond

units with complete water management

control.

The refuge will be managed primarily

as stopover and wintering habitat for

migrating waterfowl due to its

importance for these waterfowl in the

Mississippi Flyway.

The primary fishery resources are

found in the backwater lakes and

borrow pits. These lakes support

populations of game fish including

largemouth bass, white and black

crappie, bluegill, and other sunfish

species. These areas also contain several

species of rough fish such as catfish, gar,

grennel, carp, buffalo, and freshwater

drum.

The Service proposes that the refuge

be opened to refuge-wide sport fishing

for both game fish and rough fish. Sport

fishing on the refuge will be controlled

by field observations and limit checks,

and by designating access points and

vehicle limitations. Activities and

methods would be regulated to provide

the maximum allowable recreational

opportunity without jeopardizing the

fishery resource or refuge objectives.

Zoning may be implemented, if

necessary, to prevent conflict with other

public use activities or management

objectives.

Areas such as those throughout the

Mississippi River Delta have been

historically used for recreational and

subsistence fishing. Large-scale farming

and other commercial land use has led

to the destruction or conversion of many

wetland areas within the last two

decades. This has significantly reduced

the opportunity for public sport fishing

in the area.

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 away from large

metropolitan areas. Businesses in the

area consist primarily of small familyowned 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

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 Tallahatchie

NWR results in the following: 500

fishermen are expected to spend

$20,500 annually in pursuit of their

sport 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.

§ 32.7 [Amended]

2. Section 32.7 List of refuge units

open to hunting and/or fishing, is

amended by alphabetically adding the
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,