Federal Register / Vol. 61, No. 120 / Thursday, June 20, 1996 / Rules and Regulations 31461

of $100 million or more in any given

year on local or State governments or

private entities.

Civil Justice Reform

The Service has determined that these

final regulations meet the applicable

standards provided in Sections (a) and

(b) of Executive Order 12988.

Environmental Effects

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 this 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

making preliminary arrangements with

the primary author noted below.

Primary Author: Stephen R. Vehrs,

Division of Wildlife Refuges, U.S. Fish and

Wildlife Service, Washington, DC, 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 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 alphabetical adding ‘‘Ohio

River Islands National Wildlife Refuge’’

to the States of Kentucky and

Pennsylvania.

3. Section 32.36 Kentucky is amended

by adding ‘‘Ohio River Islands National

Wildlife Refuge’’ in alphabetical order

to read as follows:

§ 32.36 Kentucky.

* * * * *

Ohio River Islands 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 on designated areas of the

refuge under Kentucky’s State fishing

regulations and guidelines, unless

otherwise posted on the refuge.

* * * * *

4. Section 32.57, Pennsylvania is

amended by adding ‘‘Ohio River Islands

National Wildlife’’ alphabetically to

read as follows:

§ 32.57 Pennsylvania.

* * * * *

Ohio River Islands 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 on designated areas of the

refuge under Pennsylvania’s State

fishing regulations and guidelines,

unless otherwise posted on the refuge.

* * * * *

5. Section 32.68, West Virginia is

amended by revising paragraph D,

under ‘‘Ohio River Islands National

Wildlife Refuge’’ to read as follows:

§ 32.68 West Virginia.

* * * * *

Ohio River Islands National Wildlife

Refuge

* * * * *

D. Sport fishing. Sport fishing is

permitted on designated areas of the

refuge under West Virginia’s State

regulations and guidelines, unless

otherwise posted on the refuge.

* * * * *

Dated: April 16, 1996.

George T. Frampton, Jr.,

Assistant Secretary for Fish and Wildlife and

Parks.

[FR Doc. 96–15738 Filed 6–19–96; 8:45 am]

BILLING CODE 4310–55–P

50 CFR Part 32

RIN 1018–AD44

Addition of Great Bay National Wildlife

Refuge to the List of Open Areas for

Hunting in New Hampshire

AGENCY: Fish and Wildlife Service,

Interior.

ACTION: Final rule.

SUMMARY: The U.S. Fish and Wildlife

Service (Service) adds Great Bay

National Wildlife Refuge to the list of

areas open for hunting in New

Hampshire 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 wildlife

management, and is otherwise in the

public interest by providing additional

recreational opportunities at a national

wildlife refuge.

EFFECTIVE DATE: This rule is effective

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 until opened by rulemaking.

The Secretary of the Interior (Secretary)

may open refuge areas to hunting 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 wildlife

management, and otherwise must be in

the public interest. The Service opens

Great Bay National Wildlife Refuge to

hunting migratory birds, and big game.

In the November 29, 1995, issue of the

Federal Register (60 FR 61237–61239)

the Service published a proposed

rulemaking and invited public

comment. A description of the refuge

and the proposed hunting program was

provided. No comments were received

during the 60-day public comment

period.

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
31462 Federal Register / Vol. 61, No. 120 / Thursday, June 20, 1996 / Rules and Regulations

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

wildlife management 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 programs

as proposed.

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

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 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 hunting

camps and marinas in the general area.

This final 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 Great Bay

National Wildlife Refuge, 500 hunters

are expected to spend $20,000 annually

in pursuit of their sport.

This rulemaking was not subject to

review by the Office of Management and

Budget under Executive Order 12866. A

review under the Regulatory Flexibility

Act of 1980 (5 U.S.C. 601 et seq.) has

revealed that this rulemaking would not

have a significant effect on a substantial

number of small entities, which include

businesses, organizations, or

governmental jurisdictions. Hunters and

or fishermen increase visitation and

expenditures in the surrounding area of

the refuge and contribute in a positive

manner, but the total amounts are not

significant to the local area, therefore,

this rule would have minimal effect on

such entities.

Federalism

This rule will not have substantial

direct effects on the States, in their

relationship between the Federal

Government and the States, or on the

distribution of power and

responsibilities among the various

levels of government. Therefore, in

accordance with Executive Order 12612,

the Service has determined that this rule

does not have sufficient Federalism

implications to warrant the preparation

of a Federalism Assessment.

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.

Civil Justice Reform

The Service has determined that these

final regulations meet the applicable

standards provided in Sections (a) and

(b) of Executive Order 12988.

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 final 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.

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 amended as follows:

PART 32—[AMENDED]

1. The authority citation for Part 32

continues to read as follows:
Federal Register / Vol. 61, No. 120 / Thursday, June 20, 1996 / Rules and Regulations 31463

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 to add the alphabetical listing

of ‘‘Great Bay National Wildlife Refuge’’

under the State of New Hampshire.

3. Section 32.48 New Hampshire is

amended by adding the alphabetical

listing of Great Bay National Wildlife

Refuge to read as follows:

§ 32.48 New Hampshire.

Great Bay National Wildlife Refuge

A. Hunting of Migratory Game Birds.

Hunting of migratory game birds is

permitted on designated areas of the

refuge subject to the following

conditions:

1. Waterfowl hunting will not require

a permit. Hunting will be allowed only

from the immediate shoreline of the

Bay.

2. Only portable blinds are permitted.

All decoys, blinds, and boats must be

removed after each day’s hunt.

3. Waterfowl hunters will access

shorelines by boat only.

B. Upland Game Hunting. [Reserved]

C. Big Game Hunting. Hunting of deer

is permitted on designated areas of the

refuge subject to the following

conditions:

1. Refuge Permits are required for the

deer hunt.

2. Big game hunters are required to

wear, in a conspicuous manner on the

head, chest and back, a minimum of 400

square inches of solid-colored blaze

orange clothing or material.

D. Sport Fishing. [Reserved]

* * * * *

Dated: March 15, 1996.

George T. Frampton, Jr.,

Assistant Secretary for Fish and Wildlife and

Parks.

[FR Doc. 96–15737 Filed 6–19–96; 8:45 am]

BILLING CODE 4310–55–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 675

[Docket No. 960129019–6019–01; I.D.

061496C]

Groundfish of the Bering Sea and

Aleutian Islands Area; Yellowfin Sole

by Vessels Using Trawl Gear

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Closure.

SUMMARY: NMFS is closing the directed

fishery for yellowfin sole by vessels

using trawl gear in the Bering Sea and

Aleutian Islands management area

(BSAI). This action is necessary to

prevent exceeding the third seasonal

bycatch allowance of Pacific halibut

apportioned to the trawl yellowfin sole

fishery in the BSAI.

EFFECTIVE DATE: 12 noon, Alaska local

time (A.l.t.), June 17, 1996, until 12

noon, A.l.t., August 15, 1996.

FOR FURTHER INFORMATION CONTACT:

Andrew N. Smoker, 907–586-7228.

SUPPLEMENTARY INFORMATION: The

groundfish fishery in the BSAI exclusive

economic zone is managed by NMFS

according to the Fishery Management

Plan for the Groundfish Fishery of the

Bering Sea and Aleutian Islands Area

(FMP) prepared by the North Pacific

Fishery Management Council under

authority of the Magnuson Fishery

Conservation and Management Act.

Fishing by U.S. vessels is governed by

regulations implementing the FMP at 50

CFR parts 620 and 675.

The third seasonal bycatch allowance

of Pacific halibut for the BSAI trawl

yellowfin sole fishery, which is defined

at § 675.21(b)(1)(iii)(B)(1), was

established by the Final 1996 Harvest

Specifications of Groundfish (61 FR

4311, February 5, 1996) as 100 metric

tons.

The Director, Alaska Region, NMFS,

has determined, in accordance with

§ 675.21(c)(1)(iii), that the third seasonal

bycatch allowance of Pacific halibut

apportioned to the trawl yellowfin sole

fishery in the BSAI has been caught.

Therefore, NMFS is prohibiting directed

fishing for yellowfin sole by vessels

using trawl gear in the BSAI.

Maximum retainable bycatch amounts

for applicable gear types may be found

in the regulations at § 675.20(h).

Classification

This action is taken under 50 CFR

675.21 and is exempt from review under

E.O. 12866.

Authority: 16 U.S.C. 1801 et seq.

Dated: June 17, 1996.

Richard H. Schaefer,

Director, Office of Fisheries Conservation and

Management, National Marine Fisheries

Service.

[FR Doc. 96–15766 Filed 6–17–96; 2:58 pm]

BILLING CODE 3510–22–F