[Federal Register Volume 61, Number 121 (Friday, June 21, 1996)]
[Proposed Rules]
[Pages 31908-31910]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-15288]



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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 32

RIN 1018-AD88


Addition of Big Muddy National Wildlife Refuge to the List of 
Open Areas for Hunting and Sport Fishing in Missouri

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule.

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SUMMARY: The U.S. Fish and Wildlife Service (Service) proposes to add 
Big Muddy National Wildlife Refuge to the list of areas open for 
hunting and sport fishing in Missouri 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 Big Muddy 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.
    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

[[Page 31909]]

(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 refuge-specific regulations to administer 
the hunting and fishing programs. Upon review of these documents, the 
Secretary has determined that the opening of the Big Muddy 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. A brief description of the refuge program 
follows.

Big Muddy National Wildlife Refuge.

    The Big Muddy National Fish and Wildlife Refuge is located east of 
Kansas City, Missouri, to slightly down river from Jefferson City. The 
refuge was established on September 9, 1994, under the authority of the 
Fish and Wildlife Act of 1954, ``* * * for the development, 
advancement, management, conservation, and protection of fish and 
wildlife resources * * *'' and currently consists of seven units. It is 
intended to fill a public need to preserve and restore the Missouri 
River floodplain, manage fish and wildlife habitats, and provide for 
compatible public use. Approximately 60,000 acres of floodplain land 
may eventually be purchased or protected in some way. A refuge of this 
size will contribute to goals for river ecosystem conservation and 
restoration, threatened and endangered species recovery, neotropical 
migrant bird conservation, biological diversity, and fish and wildlife-
dependent public recreation on a portion of the Missouri River 
floodplain.
    The refuge also supports and complements the Missouri Department of 
Conservation's (MDC) 10-year fisheries strategic plan for the Missouri 
River and the U.S. Army Corps of Engineers' (Corps) Missouri River Fish 
and Wildlife Mitigation Project authorized by the Water Resources 
Development Act of 1986. The Service recognizes the task of restoring 
sections of the Missouri River's natural floodplain and its associated 
wildlife habitats and plant communities and the critically important 
role of conservation partnerships with other agencies, States, Tribes, 
organizations, and members of the general public. The Service action 
along this section of the Missouri River, in cooperation with other 
governmental entities, private groups, and individuals, will 
demonstrate the type of restoration that is possible on other stretches 
of the Missouri River. Hunting and fishing is intended to:
    <bullet> Fulfill the Service's commitment to provide the public 
with opportunities for outdoor recreation;
    <bullet> Provide valid fish and wildlife management techniques to 
influence the distribution and abundance of these animals and aid 
refuge habitat restoration and management activities; and
    <bullet> Help keep healthy wildlife populations in balance with 
available habitat.
    Hunting and fishing will be allowed on some or all of the areas 
acquired by the refuge after determining that:
    <bullet> Such activity is consistent with other resource 
objectives; and
    <bullet> Biological monitoring programs on the refuge and local MDC 
properties provide adequate assurances that target species support a 
harvestable surplus.
    Hunting and fishing would be conducted in accordance with all 
applicable State and federal regulations. Coordination with MDC 
biologists will promote continuity and understanding of Service and 
State resource goals and objectives and will help assure that the 
decision-making process takes into account all interests. White-tailed 
deer, upland game and waterfowl will be the primary focus of most 
hunting activity, although a minor amount of incidental hunting for 
other species also will occur.
    Fishing interests likely will concentrate on panfish and largemouth 
bass in isolated ponds, oxbows, scour holes and side channels, while 
catfish will make up the majority of the catch in the Missouri River. 
Considering the limited acreage currently acquired by the refuge, it is 
anticipated that hunters and anglers will record less than 500 use days 
the first year. This figure will increase in proportion and at a rate 
comparable to future refuge land acquisitions. Yearly updates will be 
made to the Hunting and Fishing Plan to incorporate these acquisitions.

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 in proximity to large metropolitan areas. 
Businesses in the area, however, 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 an urban 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

[[Page 31910]]

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 Big 
Muddy 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 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 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 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.


Sec. 32.7  [Amended]

    2. Section 32.7  List of refuge units open to hunting and/or 
fishing, is amended by alphabetically adding the listing ``Big Muddy 
National Wildlife Refuge'' under the State of Missouri.
    3. Section 32.44  Missouri is amended by adding in alphabetical 
order of Big Muddy National Wildlife Refuge to read as follows:


Sec. 32.44  Missouri.

* * * * *

Big Muddy 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 regulations.
    B. Upland Game Hunting. Hunting upland game is permitted on 
designated areas of the refuge subject to posted regulations.
    C. Big Game Hunting. Big game hunting is permitted on designated 
areas of the refuge subject to posted regulations.
    D. Sport Fishing. Fishing is permitted on designated areas of 
the refuge subject to posted regulations.
* * * * *
    Dated: June 7, 1996.
George T. Frampton, Jr.,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 96-15288 Filed 6-20-96; 8:45 am]
BILLING CODE 4310-55-P