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

50 CFR Part 32

RIN 1018–AD80

Addition of Bald Knob 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 Bald

Knob 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.

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 Bald Knob 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.

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 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 Bald Knob 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.

In accordance with the NWRSAA and

the RRA, the Secretary also has

determined that this opening for

hunting and 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.

Bald Knob National Wildlife Refuge

Bald Knob National Wildlife Refuge

was established on September 22, 1993.

The initial purchase was the first of an

accepted multi-year purchase of 12,940

acres from John Hancock Mutual Life

Insurance Company. The refuge is

located in White County, Arkansas,

southwest of Bald Knob, Arkansas. The

refuge is bordered by the Little Red

River and is adjacent to the state-owned

Hurricane Wildlife Management Area.

This protected corridor of wetlands is

strategically located in the Mississippi

Flyway and has been identified as a

high priority site of the North American

Waterfowl Management Plan. The area

has historically wintered large

concentrations of waterfowl and is
31892 Federal Register / Vol. 61, No. 121 / Friday, June 21, 1996 / Proposed Rules

recognized as a major concentration area

for wintering pintails in Arkansas.

Prior to acquisition by the Service,

consistent winter flood regimes did not

exist. Emphasis was placed on

maintenance of drainage systems, water

control structures, and levee

construction/maintenance to maximize

farming opportunities. These intensive

agricultural practices on the area were

generally conducted at times or in a

manner that impacts were generally

negative or marginally beneficial to the

wildlife resource.

The refuge is located in the

Mississippi Alluvial Valley Ecosystem

and historically consisted of bottomland

hardwood forests and associated

forested wetland wildlife species. Only

remnants of the bottomland hardwood

forests exist today with the majority of

the refuge properties being composed of

open agricultural fields. Approximately

12,700 acres of the proposed 14,000 acre

refuge consists of open farm fields. The

remaining acreage consists of sloughs

and forested habitat types. Although the

refuge consists primarily of open land,

it is utilized by a variety of resident and

non-resident wildlife species, including

white-tailed deer, coyote, beaver, mink,

muskrat, raccoon, rabbit, waterfowl, and

neo-tropical songbirds. The refuge also

is utilized by bald eagles, peregrine

falcons, marsh hawks, red-tailed hawks,

barred owls and a host of other raptors,

especially during the winter months. In

addition, aquatic habitats of the refuge

support a variety of indigenous fresh

water fish, reptiles, amphibians, and

fresh water mussel species.

Refuge hunting and fishing plans have

been developed to ensure the associated

public recreation and wildlife

management objectives are met in a

responsible and consistent manner. The

primary purpose of the refuge is to

preserve wintering habitat for

waterfowl. Bald Knob NWR is

administered as part of the Cache River

NWR and any operational plans

developed for Bald Knob NWR will be

under the umbrella and guidance of the

Comprehensive Management Plan for

the Cache/Lower White Rivers

Ecosystem. The goals identified in this

plan are:

• To provide continued public use

opportunity, which is not incompatible

with restoration and/or conservation of

ecosystem function or legal mandates;

and

• To actively promote and encourage

public use, which facilitates ecosystem

functional restoration and management.

In keeping with the intent of this goal

the following objectives for the Bald

Knob NWR were developed:

• To provide and maintain optimum

habitat for migratory waterfowl;

• To provide habitat and protection

for endangered species;

• To provide for a natural diversity of

wildlife species; and

• To provide opportunities for

wildlife-oriented recreation and

environmental education when

compatible with other refuge objectives.

The objectives for the refuge hunting

and fishing programs are as follows:

• To provide the general public with

a quality wildlife-oriented recreational

experience and an opportunity to utilize

a renewable natural resource; and

• To maintain wildlife populations at

levels compatible with the refuge

habitat.

Hunting and fishing was a traditional

recreational use of the refuge property

prior to inclusion into the refuge

system. Hunting and fishing are also

very popular recreational pursuits with

the local public. However, opportunities

have become very limited in the

surrounding area because of the posting

of private land, expansion of private

leases, and a significant decline in

available habitat. Refuge hunting and

fishing will provide much needed

opportunities in this area. The

development of refuge regulations,

zoning, and other management will be

designed to promote a quality outdoor

experience with reasonable harvest

opportunities and uncrowded

conditions.

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. 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. 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 Bald Knob 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
Federal Register / Vol. 61, No. 121 / Friday, June 21, 1996 / Proposed Rules 31893

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

listing ‘‘Bald Knob National Wildlife

Refuge’’ under the State of Arkansas.

3. Section 32.23 Arkansas is amended

by adding in alphabetical order Bald

Knob National Wildlife Refuge to read

as follows:

§ 32.23 Arkansas.

* * * * *

Bald Knob 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 condition:

1. Permits are required.

B. Upland Game Hunting. Hunting of

upland game is permitted on designated

areas of the refuge subject to the following

condition:

1. Permits are required.

C. Big Game Hunting. Hunting of big game

is permitted on designated areas of the refuge

subject to the following condition:

1. Permits are required.

D. Sport Fishing. Fishing and frogging are

permitted on designated areas of the refuge

subject to the following conditions:

1. Fishing and frogging is permitted only

during published refuge open seasons and in

accordance with refuge regulations.

2. All applicable state fishing and frogging

regulations must be adhered to.

* * * * *

Dated: June 7, 1996.

George T. Frampton, Jr.,

Assistant Secretary for Fish and Wildlife and

Parks.

[FR Doc. 96–15290 Filed 6–20–96; 8:45 am]

BILLING CODE 4310–55–P

50 CFR Part 32

RIN 1018–AD85

Addition of Emiquon National Wildlife

Refuge to the List of Open Areas for

Hunting and Sport Fishing in Illinois

AGENCY: Fish and Wildlife Service,

Interior.

ACTION: Proposed rule.

SUMMARY: The U.S. Fish and Wildlife

Service (Service) proposes to add

Emiquon National Wildlife Refuge to

the list of areas open for hunting and

sport fishing in Illinois 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 Emiquon National

Wildlife Refuge to migratory game bird

hunting, upland game hunting, big game

hunting 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.

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