[Federal Register Volume 61, Number 121 (Friday, June 21, 1996)]
[Proposed Rules]
[Pages 31888-31891]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-15130]



=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 32

RIN 1018-AD78


Addition of Cossatot National Wildlife Refuge to the List of Open 
Areas for Hunting and Sport Fishing in Arkansas

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: The U.S. Fish and Wildlife Service (Service) proposes to add 
Cossatot National Wildlife Refuge to the list of areas open for hunting 
and sport fishing in Arkansas 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 national wildlife refuges.


[[Page 31889]]


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 Cossatot 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.
    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 a newly acquired 
refuge like Cossatot 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: an interim hunting and fishing 
management plan; an environmental action memorandum and categorical 
exclusion certification; a Section 7 determination pursuant to the 
Endangered Species Act, that these openings will have no effect on 
listed species or critical habitats; a letter of concurrence from the 
affected State; interim compatibility determination; and refuge-
specific regulations to administer the hunting and fishing programs. 
Upon review of these documents, the Secretary has determined that the 
opening of the Cossatot National Wildlife Refuge to hunting and 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.

Cossatot National Wildlife Refuge

    Cossatot National Wildlife Refuge, located in Sevier County, 
Arkansas, was established in 1994 to preserve both habitat and 
wintering areas vital to the long-term conservation of migratory 
waterfowl and afford protection to threatened and endangered species. 
The Service plans to increase the refuge from its current 1,933 acres 
to encompass Millwood Lake, a 30,000-acre Corps of Engineers 
impoundment adjoining the refuge. The protection of these habitats 
benefits all fish and wildlife species in the area and makes available 
additional lands for public recreational use. All consumptive public 
use programs are planned and administered to complement and/or assist 
with the primary goal of habitat and fish and wildlife management 
without conflicting with other primary objectives of the refuge.
    The area is especially notable for its abundant water resources. 
The Cossatot River is designated as an Arkansas Scenic Stream just 
north of the refuge. The Little River, Red Lake, Wilson Creek, Roberts 
Branch, Pond Creek, Clear Creek and several old oxbow lakes also 
contribute to the areas wetland values.
    The refuge provides outstanding habitat for a diversity of birds, 
mammals and aquatic life. The flooded green and dead timber provide 
excellent wintering habitat for waterfowl, and wood duck breeding and 
nesting habitat. The primary waterfowl species in this part of Arkansas 
are mallards and wood ducks; however, other species such as gadwall, 
green-winged teal and ring-necked ducks use the flooded timber, sloughs 
and beaver ponds. The refuge is positioned to receive ducks from both 
the Central and Mississippi Flyways and has a long history of good 
waterfowl hunting. Wading birds frequent these wetlands and four 
rookeries are present on the subject property.
    Hunting and fishing will continue on these lands in the interim 
during the refuge master planning process. All hunting and fishing 
seasons are designed to provide optimum opportunity for quality 
recreation experiences. Management objectives of the refuge are to:
    <bullet> Preserve and manage the area's wetland and bottomland 
hardwood habitat for a natural diversity of wildlife;
    <bullet> Provide habitat for neotropical migratory birds;
    <bullet> Provide wintering habitat for migratory waterfowl;
    <bullet> Provide breeding and nesting habitat for wood ducks; and
    <bullet> Provide opportunities for compatible public recreation 
such as hunting, fishing, hiking, birdwatching and environmental 
education and interpretation.

[[Page 31890]]

    Hunting will be allowed under permit in accordance with State of 
Arkansas regulations and licensing requirements with the following 
exceptions:
    <bullet> Vehicles will be restricted to existing roads;
    <bullet> All-terrain vehicles will be restricted to designated 
trails and roads;
    <bullet> Off-road travel will be limited to foot travel;
    <bullet> Firearms and bows will be prohibited except during hunting 
seasons;
    <bullet> Hunting deer with dogs will not be allowed;
    <bullet> Camping will be restricted to designated areas; and
    <bullet> Non-toxic shot will be required for shotgun hunting.

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 the recreational use, 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 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 hunting and fishing 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 
Cossatot National Wildlife Refuge results in the following: 800 hunters 
are expected to spend $28,000 annually and 2,000 fishermen will spend 
approximately $82,000 in pursuit of their sports 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 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 not prepared for this opening. The Service 
invoked a categorical exclusion as provided by 516 DM6 Appendix 1 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 have no effect on three species and is not likely 
to effect a fourth species of 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.

    2. Section 32.7  List of refuge units open to hunting and/or 
fishing is amended by adding the alphabetical listing of ``Cossatot 
National Wildlife Refuge'' under the State of Arkansas.
    3. Section 32.23  Arkansas is amended by adding in alphabetical 
order Cossatot National Wildlife Refuge to read as follows:


Sec. 32.23  Arkansas.

* * * * *

Cossatot National Wildlife Refuge

    A. Hunting of Migratory Game Birds. Hunting of ducks, geese, 
coots, woodcock, snipe, and mourning doves is permitted on 
designated areas of the refuge subject to the following condition:
    1. Permits are required.
    B. Upland Game Hunting. Hunting of quail, rabbit, squirrel, 
raccoon, opossum and beaver is permitted on designated areas of the 
refuge subject to the following condition:
    1. Permits are required.
    C. Big Game Hunting. Hunting of white-tail deer and turkey is 
permitted on designated areas of the refuge subject to the following 
condition:
    1. Permits are required.
    D. Sport Fishing. Fishing, frogging, and taking of turtles and 
crawfish is permitted on designated areas of the refuge subject to 
the following conditions:
    1. Fishing and the taking of turtles and crawfish in accordance 
with applicable state regulations.
    2. Trotlines must be reset when receding water levels expose 
them. The ends of

[[Page 31891]]

Trotlines must consist of a length of cotton line that extends from 
the point of attachment into the water.
* * * * *
    Dated: June 3, 1996.
George T. Frampton, Jr.,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 96-15130 Filed 6-20-96; 8:45 am]
BILLING CODE 4310-55-P