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
31894 Federal Register / Vol. 61, No. 121 / Friday, June 21, 1996 / Proposed Rules

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 these openings are 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 Emiquon 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 fishing is compatible and

consistent with the primary purposes

for which the refuge was established. A

brief description of the refuge program

follows:

Emiquon National Wildlife Refuge

In 1993, the Emiquon National

Wildlife Refuge, along the Spoon River

in Fulton County, Illinois, was

established. When fully acquired, the

refuge could increase from its current

312 acres to 11,122 acres. Historically,

this segment of the Illinois River system

was a vast wetland complex composed

of shallow marshes, bottomland forest,

backwater lake and upland habitats.

Two backwater lakes, Thompson Lake

(1,800 acres) and Flag Lake (1,000

acres), occupied a former channel of the

Illinois River. They provided excellent

habitat for migratory birds, fish, and

resident wildlife and were renowned for

their recreational opportunities. The

large floodplain is a remnant of the

former course of the Mississippi River;

the last glaciation blocked the ancient

Mississippi River between Rock Island

and Princeton, Illinois, and forced the

Mississippi River to the west.

The refuge was acquired to protect,

restore, and manage wetlands, enhance

waterfowl and other migratory bird

habitat, protect habitat for threatened

and endangered wildlife, promote and

preserve biodiversity, and provide

wildlife-dependent recreation and

education. Allowing hunting and

fishing provides an opportunity that

will facilitate the revival of the

Thompson Lake and Flag Lake wetland

complex as a natural area available for

public use. Approximately 500,000

people live within a one hour drive of

the refuge.

Currently, the refuge is held in the

public domain, and is governed by a

number of public laws which encourage

recreational use of the lands. The refuge

is managed as part of the Illinois River

National Wildlife and Fish Refuges.

Refuge objectives include:

• Provide resting, feeding, nesting,

and migration habitat for waterfowl and

other birds;

• Protect, restore, and manage

wetlands, bottomland forests and

backwater lake habitat in support of the

North American Waterfowl Management

Plan and the National Wetlands Priority

Conservation Plan;

• Restore, protect, and manage

backwater lake habitat to create and

maintain high quality fisheries habitat

capable of supporting a self-sustaining,

balanced fish community in support of

the Illinois River fisheries resource;

• Promote natural biological diversity

through the protection, restoration, and

management of a backwater lake,

bottomland forest, and floodplain

wetland complex;

• Protect bald eagles and other

endangered and threatened species and

their habitats, and;

• Increase public opportunities for

outdoor recreation, interpretation, and

environmental education that are

compatible with the preceding

purposes.

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.

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 urban/

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
Federal Register / Vol. 61, No. 121 / Friday, June 21, 1996 / Proposed Rules 31895

hunters $20, and migratory bird hunters

$33.

Applying these national averages to

projected visitation at Emiquon NWR

results in the following: 600 fishermen

are expected to spend $24,600 annually

in pursuit of their sport, while an

estimated 400 hunters will spend

$13,200 annually while 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, 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 making preliminary

arrangements with the primary author.

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.

§ 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 ‘‘Emiquon National Wildlife

Refuge’’ under the State of Illinois.

3. Section 32.32 Illinois is amended

by adding in alphabetical order

Emiquon National Wildlife Refuge to

read as follows:

§ 32.32 Illinois.

* * * * *

Emiquon National Wildlife Refuge

A. Hunting of Migratory Game Birds.

Hunting of migratory game birds is permitted

on designated areas of the refuge subject to

posted conditions.

B. Upland Game Hunting. Hunting of

upland game is permitted on designated

areas of the refuge subject to posted

conditions.

C. Big Game Hunting. Hunting of big game

is permitted on designated areas of the refuge

subject to posted conditions.

D. Sport Fishing. Sport fishing is permitted

on designated areas of the refuge subject to

the following conditions:

1. Sport fishing is allowed on all refuge

waters during daylight hours from January

15, through October 15.

2. Private boats may not be left in refuge

waters overnight.

3. Motorboats are restricted to slow speed/

minimum wake.

* * * * *

Dated: June 7, 1996.

George T. Frampton, Jr.,

Assistant Secretary for Fish and Wildlife and

Parks.

[FR Doc. 96–15292 Filed 6–20–96; 8:45 am]

BILLING CODE 4310–55–P

50 CFR Part 32

RIN 1018–AD86

Addition of Patoka River National

Wildlife Refuge and Management Area

to the List of Open Areas for Hunting

and Sport Fishing in Indiana

AGENCY: Fish and Wildlife Service,

Interior.

ACTION: Proposed rule.

SUMMARY: The U.S. Fish and Wildlife

Service (Service) proposes to add Patoka

River National Wildlife Refuge and

Management Area to the list of areas

open for hunting and sport fishing in

Indiana 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 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 Patoka River National

Wildlife Refuge and Management Area

to hunting migratory 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