Federal Register / Vol. 66, No. 10 / Tuesday, January 16, 2001 / Notices 3681

staff to take unusual safety precautions

to assure the safety of the public or

other refuge staff, then the use should be

rejected.

(f) Is the use manageable within

available budget and staff? Priority

public uses take precedence over other

public uses. If a proposed use diverts

management efforts or resources away

from the proper and reasonable

management of a priority use, or from a

refuge management activity, the

proposed use should be rejected.

(g) Is the use consistent with other

resource or management objectives? If

the Refuge Manager cannot articulate

why a proposed use would be consistent

with a stated wildlife conservation or

other resource or public use

management objective of the refuge,

then the use should be rejected.

(h) Will the use be easy to control in

the future? If the use would lead to

recurring requests for the same or

similar activities that will be difficult to

control in the future, then the request

should be rejected. If we can manage the

use so that impacts to wildlife resources

are minimal or inconsequential, or if we

can establish clearly defined limits, then

we may further consider the use.

(i) Is the refuge the only place this

activity can reasonably occur? If there

are other nearby public or private lands

that can reasonably accommodate the

use, then the use should be rejected. If

the proposed use involves or

commemorates a culturally or

historically significant event or activity

that has direct connection to the refuge,

then we may further consider the use.

(j) Does the use contribute to the

public’s understanding and appreciation

of the refuge’s wildlife or cultural

resources, or is the use beneficial to the

refuge’s wildlife or cultural resources?

We generally will not allow other uses

that are not beneficial to or which do

not lead to greater public understanding

or appreciation of the refuge’s cultural

or wildlife resources.

(k) Can the use be accommodated

without impairing existing wildlifedependent recreational uses or reducing

the potential to provide quality wildlifedependent recreation into the future?

B. If the Refuge Manager finds that a

proposed use is not appropriate, the

finding must be documented for the

refuge files (Exhibit 1). This finding

does not require Refuge Supervisor

concurrence.

C. Following the issuance of this

policy, refuge managers must review all

existing uses for appropriateness within

1 year. If the Refuge Manager finds that

an existing use is not appropriate, the

use must be modified so it is

appropriate, or it must be terminated or

phased out as expeditiously as

practicable. This finding must be

documented for the refuge files (Exhibit

1). A finding of ‘‘not appropriate’’ does

not require Refuge Supervisor

concurrence. However, the decision to

modify or terminate a use may be

subject to the National Environmental

Policy Act (NEPA). Refuge managers

should consult with their Regional

NEPA Coordinator to see if this decision

would be subject to NEPA.

D. The System Headquarters will

maintain a database of refuge uses. This

database will include a refuge-by-refuge

listing of all uses that have been

approved and not approved by refuge

managers. With this information, refuge

managers will know when proposed

uses have already been approved or

denied at any other unit of the System.

This information will help strengthen

the System by reinforcing consistency

and integrity in the way we consider

refuge uses.

Determination of Appropriateness of a

Proposed Refuge Use

Refuge Name: llllllllllllll

Proposed Use: llllllllllllll

This form is not required for priority

public uses, uses that support a priority

public use, or uses already described in a

current CCP.

Yes No

The proposed refuge use:

Does the use comply with applicable laws and regulations? .................... ....................

Is the use consistent with applicable Executive Orders and Department and Service policies? .................... ....................

Is the use consistent with refuge goals and objectives in an approved refuge management plan? .................... ....................

Has an earlier documented analysis not denied the use? .................... ....................

Is the use consistent with public safety? .................... ....................

Is the use manageable within available budget and staff? .................... ....................

Is the use consistent with other resource or management objectives? .................... ....................

Will this use be easy to control in the future? .................... ....................

Is the refuge the only place this activity can reasonably occur? .................... ....................

Does the use contribute to the public’s understanding and appreciation of the refuge’s wildlife or cultural resources, or is the use beneficial to the refuge’s wildlife or cultural resources? .................... ....................

Can the use be accommodated without impairing existing wildlife-dependent recreational uses or reducing the

potential to provide quality wildlife-dependent recreation into the future?

If the answer to any of these questions is

no, the proposed use is probably not

appropriate and we should generally not

consider it further. However, if there are

compelling reasons why the Refuge Manager

believes the use should be considered, the

Refuge Manager must justify the use in

writing on an attached sheet, and obtain the

Refuge Supervisor’s concurrence.

Based on an overall assessment of these

factors, my summary conclusion is that the

proposed use is:

Not Appropriate lllllllllllll

Appropriate lllllllllllllll

Refuge Supervisor: llllllllllll

Date: llllllllllllllllll

If determined to be Not Appropriate, the

Refuge Supervisor does not need to sign

concurrence:

If determined to be Appropriate, the Refuge

Supervisor must sign concurrence:

Refuge Supervisor: llllllllllll

Date: llllllllllllllllll

Compatibility determination is required

before the use may be allowed.

Dated: December 18, 2000.

Jamie Rappaport Clark,

Director, Fish and Wildlife Service.

[FR Doc. 01–19 Filed 1–12–01; 8:45 am]

BILLING CODE 4310–55–U

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service 1018–AG20

[1018–AG20]

Draft Wildlife-Dependent Recreational

Uses Policy Pursuant to the National

Wildlife Refuge System Improvement

Act of 1997

AGENCY: Fish and Wildlife Service,

Interior.

ACTION: Notice.

SUMMARY: We propose to adopt a policy

that will explain how we will provide

3682 Federal Register / Vol. 66, No. 10 / Tuesday, January 16, 2001 / Notices

visitors with high quality hunting,

fishing, wildlife observation and

photography, and environmental

education and interpretation

opportunities on units of the National

Wildlife Refuge System (System). The

National Wildlife Refuge System

Improvement Act of 1997 (NWRSIA–

1997), that amends the National

Wildlife Refuge System Administration

Act of 1966 (NWRSAA–1966), defines

and establishes that wildlife-dependent

recreational uses (hunting, fishing,

wildlife observation and photography,

and environmental education and

interpretation) are the priority general

public uses of the System and, if found

compatible, will receive enhanced and

priority consideration in refuge

planning and management over other

general public uses. This draft policy

describes how we will provide priority

to these uses. We propose to incorporate

this policy as Part 605 Chapters 1–7 of

the Fish and Wildlife Service Manual.

DATES: Comments must be received by

March 19, 2001.

ADDRESSES: You may submit comments

on this draft wildlife-dependent

recreational uses policy by mail, fax or

e:mail: by mail to Douglas Staller,

Acting Chief, Division of Visitor

Services and Communications, National

Wildlife Refuge System, U.S. Fish and

Wildlife Service, 4401 North Fairfax

Drive, Room 670, Arlington, Virginia

22203; by fax to (703) 358–2248; or by

e:mail to WildlifelDependentl

RecreationallUsesl

PolicylComments@fws.gov.

FOR FURTHER INFORMATION CONTACT:

Douglas Staller, Acting Chief, Division

of Visitor Services and

Communications, National Wildlife

Refuge System, U.S. Fish and Wildlife

Service, Telephone (703) 358–1744.

SUPPLEMENTARY INFORMATION: The

NWRSIA–1997 amends and builds upon

the NWRSAA–1966 providing an

‘‘Organic Act’’ for the System. The

NWRSIA–1997 clearly establishes that

wildlife conservation is the singular

System mission, provides guidance to

the Secretary of the Interior (Secretary)

for management of the System, provides

a mechanism for refuge planning, and

gives refuge managers uniform direction

and procedures for making decisions

regarding wildlife conservation and uses

of the System.

The NWRSIA–1997 identifies six

wildlife-dependent recreational uses

(hunting, fishing, wildlife observation

and photography, and environmental

education and interpretation) as the

priority general public uses of the

System. The NWRSIA–1997 also

provides a set of affirmative stewardship

responsibilities regarding our

administration of the System. These

stewardship responsibilities direct us to

ensure that these six wildlife-dependent

recreational uses are provided enhanced

consideration and priority over other

general public uses.

The Refuge Recreation Act of 1962

(RRA–1962) authorizes us to administer

the System for public recreation when

the use is an ‘‘appropriate incidental or

secondary use.’’ The RRA–1962 also

requires us to regulate or curtail public

recreational uses in order to insure

accomplishment of our primary

conservation objectives.

The six wildlife-dependent

recreational uses are the priority public

uses of the System have been

determined to be appropriate by law

and, when compatible, are to be

facilitated. This Draft WildlifeDependent Recreational Uses Policy, the

Draft Appropriate Refuge Uses Policy

published concurrently in the notice

section of this Federal Register and our

Final Compatibility Policy and

Regulations published in the October

18, 2000 Federal Register are key tools

refuge managers use together to fortify

our commitment to provide enhanced

opportunities for the public to enjoy

wildlife-dependent recreation while at

the same time ensuring that no refuge

uses compromise the System’s wildlife

conservation mission and the individual

refuge purpose(s). Through careful

planning, consistent System-wide

application of regulations and policies,

diligent monitoring of the impacts of

uses on natural resources, and by

preventing or eliminating uses not

appropriate to the System, we can

achieve our wildlife conservation

mission and individual refuge purposes

while also providing people with lasting

opportunities for the highest quality

wildlife-dependent recreation.

Wildlife-Dependent Recreational Uses

Policy

To ensure the primacy of the System

wildlife conservation mission as well as

the individual refuge purpose(s), and to

be sure we afford priority to the six

wildlife-dependent recreational uses

within the System, we are proposing to

establish a policy on wildlife-dependent

recreational uses. Following is a

summary of this policy.

Chapter 1 General Guidance provides

Service policies, strategies, and

requirements concerning the

management of recreation programs

within the System. National wildlife

refuges are national treasures for

wildlife and for people who enjoy the

wonders of the outdoors. Wildlifedependent recreation programs will

promote understanding and

appreciation of natural and cultural

resources and their management on all

lands included in the System. To assure

that the System’s fish, wildlife, and

plant resources endure, their needs

must come first. Thus, we only allow

recreational uses on a refuge after we

determine that use to be appropriate and

compatible. In addition, we manage

recreation in accordance with

applicable Federal, State, and Tribal

laws [see Code of Federal Regulations

(CFR), Title 50 subchapter C]. We

encourage refuge staff to develop and

take full advantage of opportunities to

work with other partners who have an

interest in helping us promote high

quality wildlife-dependent recreational

programs on refuges. The policy

outlined in this chapter applies to all

recreational use activities that occur

within the System, including wildlifedependent and other appropriate

recreational uses. Our general policy is

to provide the American public highquality opportunities to take part in

wildlife-dependent recreation,

regardless of age, race, religion, color,

sex, national origin, sexual orientation,

or physical or mental ability. To

accomplish this policy, we ensure

consistency and professionalism in

planning and implementing recreational

use programs and activities on System

lands. Wildlife-dependent recreational

uses (hunting, fishing, wildlife

observation and photography, and

environmental education and

interpretation) are the priority general

public uses of the System and, when

determined to be compatible, will

receive enhanced and priority

consideration in refuge planning and

management over all other general

public uses.

Chapter 2 Hunting provides Service

policy governing the management of

recreational hunting within the System.

The NWRSAA–1966 as amended by the

NWRSIA–1997 identifies hunting as a

priority public use of the System.

Hunting programs will promote

understanding and appreciation of

natural and cultural resources and their

management on all lands included in

the System. Hunting is also an integral

part of a comprehensive wildlife

management program. When

determined to be compatible, refuge

managers are strongly encouraged to

provide to the public high-quality

hunting opportunities. We plan hunting

programs in consultation and

cooperatively with appropriate State

and Tribal agencies, and we conduct

them, to the extent practicable, in

accordance with applicable State and

Federal Register / Vol. 66, No. 10 / Tuesday, January 16, 2001 / Notices 3683

Tribal regulations. We encourage refuge

staff to develop and take full advantage

of opportunities to work with other

partners who have an interest in helping

us promote high quality wildlifedependent recreational programs on

refuges.

Chapter 3 Fishing provides Service

policy governing the management of

recreational fishing within the System.

The NWRSAA–1966 as amended by the

NWRSIA–1997 identifies fishing as a

priority public use of the System.

Fishing programs will promote

understanding and appreciation of

natural and cultural resources and their

management on all lands included in

the System. When determined to be

compatible, refuge managers are

encouraged to provide to the public

high-quality fishing opportunities. We

plan fishing programs in consultation

and cooperatively with the appropriate

State and Tribal agencies. We base

fishing seasons on refuges on local

conditions and biological objectives.

These seasons must, where practicable,

conform with appropriate Federal, State,

and Tribal regulations. The Service’s

Division of Fish and Wildlife

Management Assistance has many field

offices with a broad range of expertise

that are available to the Refuge Manager

when planning and managing fishing

programs. We encourage refuge

managers to take advantage of this

important resource. We also encourage

refuge staff to develop and take full

advantage of opportunities to work with

other partners who have an interest in

helping us promote high quality

wildlife-dependent recreational

programs on refuges.

Chapter 4 Wildlife Observation

provides Service policy governing the

management of recreational wildlife

observation within the System. The

NWRSAA–1966 as amended by the

NWRSIA–1997 identifies wildlife

observation as a priority public use of

the System. Wildlife observation

programs will promote understanding

and appreciation of natural and cultural

resources and their management on all

lands included in the System. When

determined to be compatible, refuge

managers are encouraged to provide to

the public high quality wildlife

observation opportunities. Refuge

managers are encouraged to coordinate

refuge wildlife observation programs

with applicable Federal, State and

Tribal programs. We encourage refuge

staff to develop and take full advantage

of opportunities to work with other

partners who have an interest in helping

us promote high quality wildlifedependent recreational programs on

refuges.

Chapter 5 Wildlife Photography

provides Service policy governing the

management of recreational wildlife

photography within the System. The

NWRSAA–1966 as amended by the

NWRSIA–1997 identifies wildlife

photography as a priority public use of

the System. Wildlife photography

programs will promote understanding

and appreciation of natural and cultural

resources and their management on all

lands included in the System. When

determined to be compatible, refuge

managers are encouraged to provide to

the public high quality wildlife

photography opportunities. Refuge

managers are encouraged to coordinate

wildlife photography programs with

applicable State programs. We

encourage refuge staff to develop and

take full advantage of opportunities to

work with other partners who have an

interest in helping us promote high

quality wildlife-dependent recreational

programs on refuges.

Chapter 6 Environmental Education

provides Service policy governing the

management of environmental

education within the System. The

NWRSAA–1966 as amended by the

NWRSIA–1997 identifies environmental

education as a priority public use of the

System. Environmental education

programs will promote understanding

and appreciation of natural and cultural

resources and their management on all

lands included in the System. When

determined to be compatible, refuge

managers are encouraged to provide to

the public high quality environmental

education opportunities. Refuge

managers will work with local schools,

citizen groups, and other organizations

to provide these programs. We

encourage refuge managers to

coordinate refuge environmental

education programs with applicable

local, State and Federal programs. We

encourage refuge staff to develop and

take full advantage of opportunities to

work with other partners who have an

interest in helping us promote high

quality wildlife-dependent recreational

programs on refuges.

Chapter 7 Interpretation provides

Service policy governing the

management of interpretation within the

System. The NWRSAA–1966 as

amended by the NWRSIA–1997

identifies interpretation as a priority

public use of the System. Interpretation

programs will promote understanding

and appreciation of natural and cultural

resources and their management on all

lands included in the System. When

determined to be compatible, refuge

managers are encouraged to provide to

the public high quality interpretation

opportunities. We encourage refuge staff

to coordinate refuge interpretive

programs and materials with applicable

local, State, and Federal programs. We

encourage refuge staff to develop and

take full advantage of opportunities to

work with other partners who have an

interest in helping us promote high

quality wildlife-dependent recreational

programs on refuges.

Fish and Wildlife Service Directives

System

Because many of our field stations are

in remote areas across the United States,

it is important that all employees have

available and know the current policy

and management directives that affect

their daily activities. The Fish and

Wildlife Service Directives System,

consisting of the Fish and Wildlife

Service Manual (Service Manual),

Director’s Orders, and National Policy

Issuances, is the vehicle for issuing the

standing and continuing policy and

management directives of the Service.

New directives are posted on the

Internet upon approval, ensuring that all

employees have prompt access to the

most current guidance.

The Service Manual contains our

standing and continuing directives with

which our employees comply. We use it

to implement our authorities and to

‘‘step down’’ our compliance with

statutes, executive orders, and

Departmental directives. It establishes

the requirements and procedures to

assist our employees in carrying out our

authorities, responsibilities, and

activities.

Director’s Orders are limited to

temporary policy, procedures,

delegations of authority, emergency

regulations, special assignments of

functions, and initial functional

statements on the establishment of new

organizational units. All Director’s

Orders must be converted as soon as

practicable to appropriate parts of the

Service Manual or removed. Material

appropriate for immediate inclusion in

the Service Manual generally is not

issued as a Director’s Order.

National Policy Issuances promulgate

the Director’s national policies for

managing the Service and its programs.

These policies are necessarily broad and

generally require management

discretion or judgment in their

implementation. They represent the

Director’s expectations of how the

Service and its employees will act in

carrying out their official

responsibilities.

The Service Manual, Director’s

Orders, and National Policy Issuances

are available on the Internet at http://

www.fws.gov/directives/direct.html.

When finalized, we will incorporate this

3684 Federal Register / Vol. 66, No. 10 / Tuesday, January 16, 2001 / Notices

wildlife-dependent recreational uses

policy into the Service Manual as Part

605 Chapters 1–7.

Comment Solicitation

We seek public comments on this

draft wildlife-dependent recreational

uses policy and will take into

consideration comments and any

additional information received during

the 60-day comment period. You may

submit comments on this draft

appropriate refuge uses policy by mail,

fax or e:mail: by mail to Douglas Staller,

Acting Chief, Division of Visitor

Services and Communications, National

Wildlife Refuge System, U.S. Fish and

Wildlife Service, 4401 North Fairfax

Drive, Room 670, Arlington, Virginia

22203; by fax to (703)358–2248; or by

e:mail to WildlifelDependentl

RecreationallUsesl

PolicylComments@fws.gov. Please

submit Internet comments as an ASCII

file avoiding the use of special

characters and any form of encryption.

Please also include: ‘‘Attn: 1018–AG18’’

and your name and return address in

your Internet message. If you do not

receive a confirmation from the system

that we have received your Internet

message, contact us directly at

(703)358–1744. Finally, you may handdeliver comments to the address

mentioned above.

Our practice is to make comments,

including names and home addresses of

respondents, available for public review

during regular business hours.

Individual respondents may request that

we withhold their home address from

the record, which we will honor to the

extent allowable by law. In some

circumstances, we would withhold from

the record a respondent’s identity, as

allowable by law. If you wish us to

withhold your name and/or address,

you must state this prominently at the

beginning of your comment. However,

we will not consider anonymous

comments. We will make all

submissions from organizations or

businesses and from individuals

identifying themselves as

representatives or officials of

organizations or businesses, available

for public inspection in their entirety.

We published a notice in the Federal

Register on January 23, 1998 (63 FR

3583) notifying the public that we

would be revising the Service Manual,

establishing regulations as they relate to

the NWRSIA–1997, and offering to send

copies of specific draft Service Manual

chapters to anyone who would like to

receive them. We will mail a copy of

these draft Service Manual wildlifedependent recreational uses chapters to

those who requested one. In addition,

these draft Service Manual wildlifedependent recreational uses chapters

will be available on the Internet at http:/

/www.fws.gov/directives/library/

frindex.html during the 60-day

comment period.

Required Determinations

We have analyzed the impacts of this

final policy in concert with the draft

appropriate refuge uses policy

published concurrently in the today’s

issue of the Federal Register. For

compliance with applicable laws and

executive orders affecting the issuance

of polices, see the SUPPLEMENTARY

INFORMATION section of the draft

appropriate refuge uses policy notice.

Available Information for Specific

National Wildlife Refuges

Individual national wildlife refuge

headquarters retain information

regarding public use programs and the

conditions that apply to their specific

programs, and maps of their respective

areas.

You may also obtain information from

the Regional Offices at the addresses

listed below:

• Region 1—California, Hawaii,

Idaho, Nevada, Oregon, and

Washington. Regional Chief, National

Wildlife Refuge System, U.S. Fish and

Wildlife Service, Eastside Federal

Complex, Suite 1692, 911 N.E. 11th

Avenue, Portland, Oregon 97232–4181;

Telephone (503) 231–6214; http://

pacific.fws.gov.

• Region 2—Arizona, New Mexico,

Oklahoma and Texas. Regional Chief,

National Wildlife Refuge System, U.S.

Fish and Wildlife Service, Box 1306,

Albuquerque, New Mexico 87103;

Telephone (505) 248–7419; http://

southwest.fws.gov.

• Region 3—Illinois, Indiana, Iowa,

Michigan, Minnesota, Missouri, Ohio

and Wisconsin. Regional Chief, National

Wildlife Refuge System, U.S. Fish and

Wildlife Service, Federal Building, Fort

Snelling, Twin Cities, Minnesota 55111;

Telephone (612) 713–5300; http://

midwest.fws.gov.

• Region 4—Alabama, Arkansas,

Florida, Georgia, Kentucky, Louisiana,

Mississippi, North Carolina, South

Carolina, Tennessee, Puerto Rico and

the Virgin Islands. Regional Chief,

National Wildlife Refuge System, U.S.

Fish and Wildlife Service, 1875 Century

Boulevard, Room 324, Atlanta, Georgia

30345; Telephone (404) 679–7166; http:/

/southeast.fws.gov.

• Region 5—Connecticut, Delaware,

District of Columbia, Maine, Maryland,

Massachusetts, New Hampshire, New

Jersey, New York, Pennsylvania, Rhode

Island, Vermont, Virginia and West

Virginia. Regional Chief, National

Wildlife Refuge System, U.S. Fish and

Wildlife Service, 300 Westgate Center

Drive, Hadley, Massachusetts 01035–

9589; Telephone (413) 253–8306; http:/

/northeast.fws.gov.

• Region 6—Colorado, Kansas,

Montana, Nebraska, North Dakota,

South Dakota, Utah and Wyoming.

Regional Chief, National Wildlife Refuge

System, U.S. Fish and Wildlife Service,

134 Union Blvd., Lakewood, Colorado

80228; Telephone (303) 236–8145; http:/

/www.r6.fws.gov.

• Region 7—Alaska. Regional Chief,

National Wildlife Refuge System, U.S.

Fish and Wildlife Service, 1011 E.

Tudor Rd., Anchorage, Alaska 99503;

Telephone (907) 786–3545; http://

alaska.fws.gov.

Primary Author

Deb Steen, Outdoor Recreation

Planner and Dennis Prichard, Outdoor

Recreation Planner, National Wildlife

Refuge System, U.S. Fish and Wildlife

Service, are the primary authors of this

notice.

Draft General Guidance Policy

Fish and Wildlife Service

Priority Wildlife-Dependent Recreation

Part 605 Fish and Wildlife Service Manual

Chapter 1 General Guidance 605 FW 1.1

1.1 What is the purpose of this

chapter? This chapter provides Fish and

Wildlife Service (Service) policies,

strategies, and requirements concerning

the management of recreation programs

within the National Wildlife Refuge

System (System).

1.2 What is the System’s general

recreation management policy? National

wildlife refuges are national treasures

for wildlife and for people who enjoy

the wonders of the outdoors. To assure

that the System’s fish, wildlife, and

plant resources endure, their needs

must come first. Thus, we only allow

recreational uses on a refuge after we

determine that use to be appropriate and

compatible. In addition, we manage

recreation in strict accordance with

applicable Federal, State, and Tribal

laws [see Code of Federal Regulations

(CFR), Title 50 subchapter C]. We

encourage refuge staff to develop and

take full advantage of opportunities to

work with other partners who have an

interest in helping us promote high

quality wildlife-dependent recreational

programs on refuges. The policy

outlined in this chapter applies to all

recreational use activities that occur

within the System, including wildlifedependent and other appropriate

Federal Register / Vol. 66, No. 10 / Tuesday, January 16, 2001 / Notices 3685

recreational uses. Our general policy is

to provide the American public highquality opportunities to take part in

wildlife-dependent recreation,

regardless of age, race, religion, color,

sex, national origin, sexual orientation,

physical or mental ability. To

accomplish this policy, we ensure

consistency and professionalism in

planning and implementing recreational

use programs and activities on System

lands.

1.3 What authorities allow

recreation use to occur on the Refuge

System? The following are laws and

executive orders that regulate

recreational use on System lands:

A. Laws

(1) Alaska National Interest Lands

Conservation Act of 1980 (16 U.S.C.

410 hh-3233 and 43 U.S.C. 1602–

1784)

(2) Alaska Native Claims Settlement Act

(43 U.S.C. 1601–1624)

(3) Antiquities Act of 1906 (16 U.S.C.

431-433)

(4) Archaeological Resources Protection

Act of 1979 (16 U.S.C. 470aa-470mm)

(5) Fish and Wildlife Act of 1956 (16

U.S.C. 742a-742j) as amended.

(6) Fish and Wildlife Conservation Act

(16 U.S.C. 2901–2911), as amended

(7) Fish and Wildlife Improvement Act

of 1978 (16 U.S.C. 7421)

(8) Land and Water Conservation Fund

[16 U.S.C. 460(l-4)-(l-11)],as amended.

(9) National Wildlife Refuge System

Administration Act of 1966 (16 U.S.C.

668dd-668ee), as amended

(10) Refuge Recreation Act of 1962 (16

U.S.C. 460k-460k-4) as amended

(11) Wild and Scenic Rivers Act (16

U.S.C. 1271–1287), as amended.

(12) Wilderness Act of 1964 (16 U.S.C.

1131–1136)

(13) Endangered Species Act of 1973 (16

U.S.C. 1531–1544)

B. Executive Orders

(1) 11593—Protection and Enhancement

of the Cultural Environment

(2) 11644—Use of Off-road Vehicles on

the Public Lands

(3) 12996—Management and General

Public Use of the National Wildlife

Refuge System

(4) 13007—Indian Sacred Sites

(5) 12962—Recreational Fisheries

1.4 How do we define the following

terms? The following are definitions of

terms used throughout this chapter.

A. Priority wildlife-dependent

recreational use and priority wildlifedependent recreation. The National

Wildlife Refuge System Administration

Act of 1966, as amended, specifies that

there are six priority general public uses

of the National Wildlife Refuge System.

The uses are hunting (605 FW 2), fishing

(605 FW 3), wildlife observation (605

FW 4), wildlife photography (605 FW 5),

environmental education (605 FW 6) or

environmental interpretation (605 FW

7).

B. Other recreational use. A

recreational use of the System that is not

one of the priority wildlife-dependent

uses, but we may allow it if it is

appropriate and compatible.

C. Public use. Any use of the System

by the public, including, but not limited

to, those recreational uses and priority

wildlife-dependent uses described

above.

1.5 What tools can we use to help us

implement and manage a recreational

use program? Refuge managers have

various tools available to them to

implement recreational use programs on

refuges. These include, but are not

limited to: building successful refuge

support groups, building successful

volunteer programs, implementing a

user fee program, conducting meetings,

highlighting refuge attributes through

exhibits and brochures, hiring staff,

training personnel, registering users,

and issuing special use permits. We

determine overall effectiveness of the

programs by evaluating factors such as

improved resource protection, the

success of refuge support groups, the

quality of the visitor’s experience, and

visitor compliance.

1.6 How do we promote the mission

of the System? We can promote the

mission of the System through special

events on both a local and national scale

to showcase the System’s roles in

conservation efforts. These events can

enhance public understanding and

appreciation for conservation, and

encourage broader public enjoyment of

natural resources. We encourage Refuge

managers to host special events for

National Wildlife Refuge Week,

International Migratory Bird Day,

National Hunting and Fishing Day,

Youth Hunting Days, National Fishing

Week, and celebrations on refuge

anniversaries, where appropriate. We

also encourage Refuge managers to look

for ways to introduce new sectors of the

public to the System during these

celebrations. By reaching out to new

sectors, we lay the foundation to expand

support for the System, understanding

of wildlife conservation and

management, and participation in

wildlife dependent recreation.

1.7 What management techniques

are available to help us administer

recreation programs? We will

successfully administer recreational

programs through the use of:

A. Monitoring. Refuge managers, with

help and support from Regional Offices

as well as the public, must adequately

monitor recreational activities on

System lands. Monitoring programs

must focus on the impacts of

recreational activities on wildlife,

habitat, and the quality of experience for

the public. By implementing successful

monitoring techniques, we can evaluate

and adaptively manage to meet

established standards and ensure that

activities continue to be appropriate and

compatible.

B. Resolving conflicts. Refuge

managers may establish use limits and/

or zones for specific activities, disperse

or restrict use, or use other means to

minimize or eliminate conflict between

uses that occur at refuges. We will

ensure that non-priority uses, if

allowed, do not interfere with or

diminish the opportunity for or quality

of priority wildlife-dependent

recreational uses. Through the use of

zones or the establishment of acceptable

limits, we can generally provide a

balanced recreation program and avoid

favoring one priority recreational

opportunity over another when both are

compatible. We recognize, however that

some refuges can support no public use;

many refuges only support limited

public use; and that not every priority

use can be accommodated on every

refuge.

C. Closure of sensitive areas. Once

opened to public use, the Refuge

Manager may make a determination to

close all or part of a refuge for public

health and human safety reasons or to

protect fish, wildlife, or plant resources.

During non-emergency closure

situations, the public will be notified

and have the opportunity to participate

in the decision-making process. During

emergency closures, we will make every

effort to keep the public informed of

management decisions and, where

possible, the basis for the closure.

1.8 How do we address special

requests and temporary situations? The

System’s recreational use policy must be

flexible enough to address special

requests or temporary situations. We

accommodate these requests only if they

are appropriate, compatible, and there

are clear benefits to the Service for

allowing the use. Provided the use is

determined to be both appropriate

(reference Appropriate Uses Chapter,

603 FW 1) and compatible, the Refuge

Manager, with guidance from the

Regional Office, may issue a one-time or

short-term permit for recreational

activities not generally allowed (e.g., an

overnight activity or use of an historic

structure). We must keep written

justification documenting the analysis

on file for an adequate period of time.

3686 Federal Register / Vol. 66, No. 10 / Tuesday, January 16, 2001 / Notices

1.9 What are the general recreation

guidelines for the System? Hunting,

fishing, wildlife observation, wildlife

photography, environmental education,

and interpretation are priority wildlifedependent recreational uses of the

System. Refuge managers must facilitate

wildlife/outdoor experiences that

provide visitors with high quality

experiences and help them understand

and appreciate the value of the

individual refuge and its role in the

System. Refuge managers must analyze

the effects of the priority wildlifedependent recreational uses and must,

unless there is a valid reason not to,

provide for those priority uses

determined to be compatible. Not all

refuges will be able to support each, or

even any, of the six priority wildlifedependent recreational uses. If it is

determined that a refuge can support

one or more of these uses, the priority

wildlife-dependent recreational use

must receive preferential consideration

in refuge planning and management

before the Refuge Manager analyzes

other appropriate recreational

opportunities. These uses provide

opportunities for visitors to become

interested in and enjoy quality wildlife/

outdoor experiences and learn about,

understand, and support resource

management programs. Refuge managers

should produce programs that not only

inform visitors about the System but

emphasize the specific role of the

individual refuge. Refuge managers

should explore partnerships with

Federal, State, Tribal, and local agencies

to enhance wildlife-dependent

recreation programs. Refuge managers

should look for ways to encourage

priority wildlife-dependent recreation

uses, however, if little or no demand

exists for a priority use, we do not

require Refuge managers to provide that

use. The following general guidelines

apply to recreation management

throughout the System:

A. Recreational uses that enable

priority wildlife-dependent recreational

uses. Refuge managers may allow (with

written justification) other compatible

recreational uses that are necessary to

facilitate the priority wildlife-dependent

recreational uses. We can allow nonwildlife-dependent activities when

needed to provide access to, help

implement, or sustain a priority use

when no other way is practicable.

Refuge managers must determine the

appropriateness as well as compatibility

of such uses before allowing them to

occur on System lands. For example,

camping may be necessary to facilitate

hunting on large remote refuges but may

not be necessary to facilitate hunting on

refuges near developed areas where

camping or other lodging is available.

B. After hours recreational use. We

may, on occasion, allow activities to

occur on a refuge at night if it is

appropriate and compatible with the

purpose(s) of the refuge and the System

mission. An example might be night

fishing. Allowing night activities on the

refuge often requires increased

management and law enforcement

capability, and the manager must

consider these factors in assessing the

effect of the action on wildlife goals and

objectives. A use should not be allowed

simply because it is a historical use.

C. Non-priority recreational uses.

When considering non-priority public

uses, Refuge managers must refer to the

Appropriate Uses Chapter (603 FW 1).

D. Access to sacred sites. Refuge

managers will accommodate access to

and ceremonial use of sacred sites by

religious practitioners of recognized

Native American Tribes and Native

Hawaiians in accordance to Executive

Order 13007 or 614 FW 1–5. Refuge

managers, with help from their regional

cultural resource staff, must familiarize

themselves with Executive Order 13007,

which clarifies and highlights

procedures to execute this policy.

Refuge managers should understand

that these sites are sensitive, and

allowing uncontrolled access by the

general public to them is unacceptable.

Refuge managers must ensure the

physical integrity of the sites, including

maintaining appropriate location

confidentiality. Refuge managers will

utilize formal agreements to outline the

responsibilities of all parties involved in

implementing the Executive Order.

1.10 Are there general criteria that

we can use to decide which recreational

activities to allow? The following

general criteria will help Refuge

managers decide what recreational

activities to allow, encourage, or

develop, and at what level. Refuge

managers must eliminate, with adequate

consultation, documentation and

cooperation with affected Federal, State,

Tribal, local authorities, and groups,

programs that do not meet these criteria.

A. Ensure appropriateness. Refuge

managers, in consultation with Regional

Offices when deemed necessary, must

first consider if a use is appropriate on

System lands. Refuge managers must be

able to show why the requested use

supports the System mission and the

purpose of the refuge before investing

additional resources for a compatibility

determination.

B. Ensure compatibility. Refuge

managers must:

(1) Exercise sound professional

judgment. Compatibility determinations

are inherently complex and require the

Refuge Manager to consider their field

experiences and knowledge of a refuge’s

resources, particularly its biological

resources, and make conclusions that

are consistent with principles of sound

fish and wildlife management and

administration, available scientific

information, and applicable laws.

(2) Consider the extent to which

available resources (funding, personnel,

and facilities) are adequate to develop,

manage, and maintain the proposed use

so as to ensure compatibility. The

Refuge Manager must make reasonable

efforts to ensure that the lack of

resources is not an obstacle to

permitting otherwise compatible

wildlife-dependent recreational uses

(hunting, fishing, wildlife observation,

wildlife photography, environmental

education, and interpretation).

(3) Under no circumstances (except

emergency provisions necessary to

protect the health and safety of the

public or any fish or wildlife

population) authorize any use not

determined to be compatible.

C. Focus on wildlife. Wildlife

conservation is the first priority of the

System, and new and ongoing

recreational use programs should help

visitors focus on wildlife and other

natural resources. Activities should

make visitors aware of the most

important resource issues at the refuge,

be supportive of management plans that

address those issues, and show how the

refuge contributes to the mission of the

System.

D. Tailor programs to refuge needs

and ability to administer the program.

Refuge Managers will determine and

document:

(1) The design and scope of a refuge

recreational use program after

evaluating the wildlife-dependent uses

that are appropriate, compatible, and

practical at that refuge; the amount and

type of visitation; constraints of the

location; traditions/viewpoints of the

local populace; legal commitments;

other opportunities in the area; public

interest; resource management concerns;

and other criteria.

(2) A realistic demand for the activity.

This is important because activities

generally are harder to curtail or stop

than to begin. Refuge Managers must

have an eye to the future and be ready

for possible changes in staffing, funding,

or other program elements that may

occur.

E. Follow an approved plan. Before

administering priority uses or

identifying and allowing mandated or

non-priority uses at a refuge, the Refuge

Manager should consult the refuge’s

CCP, visitor service management plan,

Federal Register / Vol. 66, No. 10 / Tuesday, January 16, 2001 / Notices 3687

and other applicable step-down plans.

The documents will outline program

objectives and other specific

information that will provide the

guidance needed to manage these

activities.

F. Ensure adequate resources. Refuge

managers will:

(1) Offer wildlife-dependent

recreational use programs only to the

extent that staff and funds are sufficient

to develop, operate, and maintain the

program to safe, high quality standards.

Refuge managers should remember that,

in general, the greater the scope and

complexity of a program, the greater the

need for staff and money. Where

wildlife-dependent recreational uses

cannot occur at a refuge due to

insufficient resources, Refuge managers

will try to facilitate these programs

through user fee programs and

cooperative efforts, including

memorandums of understanding, cost

share agreements, sharing personnel

with nearby refuges, and others.

Conservation partnerships or other

groups can help Refuge managers more

effectively finance and administer

recreational use programs on refuges by

providing labor, funds, or other types of

support. Where available and

appropriate, Refuge managers should

work with cooperating associations,

volunteers, contractors, businesses,

local communities, educational

institutions, State and Tribal

governments, other Federal agencies,

conservation groups, other

organizations, and the public, to

minimize or reduce the costs of

conducting recreational use programs.

The community relations benefits of

such an approach are effective and farreaching.

(2) Seek opportunities to develop

formal agreements, contracts,

cooperative ventures, and community

sponsorships to fund equipment and

supplies, maintain facilities, conduct

training, provide technical assistance,

and help with other aspects of a quality

recreational use program. Refuge

managers should not enter into

agreements that unnecessarily encumber

lands and facilities or hinder meeting

resource management objectives at the

refuge.

1.11 Have we identified visitor service

requirements on refuges? Yes. Service

employees, volunteers, concessionaires,

and other cooperators should conform

to the following standards in planning,

conducting, and evaluating all visitor

services activities and facilities at

refuges. These standards replace those

outlined in the Public Use Minimum

Requirements Handbook adopted by the

Service in 1984.

A. Requirement 1. Develop a Visitor

Services Plan. Through CCP’s and

visitor services plans, we will set goals,

determine measurable objectives,

identify strategies, and establish

evaluation criteria for all visitor

services. Careful planning provides the

visiting public with opportunities to

enjoy and appreciate fish, wildlife, and

plants and other resources. As a result,

the visiting public will develop an

understanding and will build an

appreciation of each individual’s role in

the environment today and into the

future.

B. Requirement 2. Welcome and

Orient Visitors. We will assure that

national wildlife refuges are welcoming,

safe, and accessible. We should

regularly schedule some refuge staff to

work weekends, and holidays (except

Thanksgiving, Christmas, and New

Years Day) and other anticipated

periods of high public recreational use.

We will provide visitors with clear

information so they can easily

determine where they can go, what they

can do, and how to safely and ethically

engage in recreational and educational

activities. Facilities will be high quality,

clean, well-maintained, and accessible.

We will treat visitors with courtesy and

in a professional manner.

C. Requirement 3. Provide quality

hunting opportunities. Hunting is an

appropriate use of wildlife resources of

the System when compatible. Hunting

programs will be of the highest quality,

conducted in a safe and cost-effective

manner, and, to the extent practicable,

carried out in accordance with State

regulations. (Reference 605 FW 2).

D. Requirement 4. Provide quality

fishing opportunities. Fishing is an

appropriate use of wildlife resources on

units of the National Wildlife Refuge

System when compatible. Fishing

programs will be of the highest quality,

conducted in a safe and cost-effective

manner, and, to the extent practicable,

carried out in accordance with State

regulations. (Reference 605 FW 3).

E. Requirement 5. Provide quality

wildlife observation and wildlife

photography opportunities. Wildlife

observation and wildlife photography

(reference 605 FW 4 and 605 FW 5

respectively) are appropriate wildlifedependent recreational uses of System

lands when compatible. Visitors of all

ages and abilities will have an

opportunity to observe and photograph

key wildlife and habitat resources of the

refuge. Viewing and photographing

wildlife in natural or managed

environments will foster a connection

between visitors and natural resources.

F. Requirement 6. Develop and

implement a quality environmental

education program. Through formal,

curriculum-based environmental

education tied to national and State

education standards, we will advance

public awareness, understanding,

appreciation, and knowledge of key fish,

wildlife, plant, and resource issues.

Each refuge staff person will assess their

potential to work with schools in

providing an appropriate level of

environmental education. We may

support environmental education

through the use of facilities, equipment,

educational materials, teacher

workshops, and study sites that are safe

and conducive to learning. (Reference

605 FW 6).

G. Requirement 7. Interpret key

resources and issues. We will

communicate the most important fish,

wildlife, habitat and other resource

issues to visitors of all ages and abilities

through effective interpretation. We will

tailor messages and delivery methods to

specific audiences and present them in

appropriate locations. Through

heightened awareness, we will inspire

visitors to take positive actions

supporting refuge goals and the System

mission. (Reference 605 FW 7).

H. Requirement 8. Manage for

appropriate recreational opportunities.

The National Wildlife Refuge System

Administration Act as amended by the

National Wildlife Refuge System

Improvement Act of 1997 states that

compatible wildlife-dependent

recreational uses are the priority public

uses of the National Wildlife Refuge

System (hunting, fishing, wildlife

observation, wildlife photography,

environmental education, and

interpretation) and will receive

enhanced consideration over other

general public uses. Volunteers,

partners, recreation fees and

concessions are tools available to assist

us in managing these uses. We will only

permit other uses when we determine

that they are legally mandated, provide

benefits to the Service, occur due to

special circumstances, or facilitate one

of the priority wildlife-dependent

recreational uses. (Reference 605 FW 1).

I. Requirement 9. Communicate key

issues with off-site audiences. Effective

outreach depends on open and

continuing communication between the

refuge and the public. This

communication involves determining

and understanding the issues,

identifying audiences, crafting

messages, selecting the most effective

delivery techniques, and evaluating

effectiveness. Achieved results will

further the mission of the System and

purpose(s) of the refuges. See the

National Outreach Strategy: A Master

Plan for Communicating in the U.S. Fish

3688 Federal Register / Vol. 66, No. 10 / Tuesday, January 16, 2001 / Notices

and Wildlife Service, and America’s

National Wildlife Refuge System: 100 on

100 Outreach Campaign.

J. Requirement 10. Build volunteer

programs and partnerships with refuge

support groups. Volunteer and refuge

support groups fortify refuge staffs with

their gift of time, skills, and energy and

are integral to the future of the System.

Refuge staff will initiate and nurture

relationships with volunteers and refuge

support groups, and will continually

support, monitor, and evaluate these

groups with the goal of fortifying

important refuge activities. The National

Wildlife Refuge System Volunteer and

Community Partnership Enhancement

Act of 1998 (P.L. 105–242) strengthens

the System’s role in developing effective

partnerships with various community

groups. Whether through volunteers,

refuge support groups, or other

important partnerships in the

community, refuge personnel will seek

to make the refuge an integral part of the

community, giving rise to a stronger

System.

Draft Hunting Policy

Fish and Wildlife Service

Priority Wildlife-Dependent Recreation

Part 605 Fish and Wildlife Service Manual

Chapter 2 Hunting 605 FW 2.1

2.1 What is the purpose of this

chapter? This chapter provides the Fish

and Wildlife Service’s (Service) policy

governing the management of

recreational hunting on units of the

National Wildlife Refuge System

(System or we).

2.2 To what programs does this

chapter apply? The policies contained

in this chapter apply to recreational

hunting within the System. Refer to

other chapters or regulations governing

policies and procedures addressing

related activities such as guiding (604

FW 7) and field trials (631 FW 5).

2.3 What is our policy on hunting on

refuge lands? The overarching goal of

our priority public use policies is to

enhance opportunities and access to

high quality visitor experiences on

national wildlife refuges while not

compromising wildlife conservation.

We recognize hunting as a healthy,

traditional outdoor pastime, deeply

rooted in American heritage, and when

managed appropriately, can instill a

unique understanding and appreciation

of wildlife, their behavior, and their

habitat needs. Hunting also is an

important wildlife management tool on

refuges. Hunting is a legitimate and

appropriate public use of the System,

and along with the five other priority

public uses in the Refuge Improvement

Act, will receive enhanced

consideration over other uses. This

means we will invest our resources and

imagination in providing high quality

hunting experiences for refuge visitors.

When determined to be compatible,

refuge managers are strongly encouraged

to provide public hunting opportunities.

Hunting programs will promote

understanding and appreciation of

natural and cultural resources and their

management on all lands included in

the System. We rely on close

cooperation and coordination with State

fish and wildlife management agencies

in managing hunting opportunities on

refuges and in setting refuge population

management goals and objectives.

Regulations permitting hunting of

resident wildlife within the System

shall be, to the extent practicable,

consistent with State fish and wildlife

laws, regulations, and management

plans. We encourage refuge staff to

develop and take full advantage of

opportunities to work with other

partners who have an interest in helping

us promote high quality hunting

programs on refuges.

2.4 What are the objectives for our

hunting programs? The objectives of the

System hunting program are to promote

public understanding of and increase

public appreciation for America’s

natural resources, to manage wildlife

populations at optimum levels, and to

provide opportunities for high-quality

recreational and educational

experiences.

2.5 What are the authorities that allow

hunting on the System? Refer to 605 FW

1 for laws that govern hunting on

System lands.

2.6 Do we have common definitions

for hunting terms? Yes. The following

are definitions of terms used in

reference to hunting.

A. Open to the public. Open to public

hunting means we allow individuals

who hold, if required, valid licenses,

permits, stamps or other documents to

enter and take specific wildlife species.

Areas open to hunting may differ from

areas open to the general public for

other recreational activities. We note

this distinction on signs and in outreach

materials, such as general refuge or

hunting brochures.

B. Quality hunting experience. A

quality hunting experience is one that:

(1) Maximizes safety for hunters and

other visitors;

(2) Encourages the highest standards

of ethical behavior in taking or

attempting to take wildlife;

(3) Is available to a broad spectrum of

the hunting public;

(4) Contributes positively to or has no

adverse affect on population

management of resident or migratory

species;

(5) Reflects positively on the

individual refuge, the System, and the

Service;

(6) Provides hunters uncrowded

conditions by minimizing conflicts and

competition among hunters;

(7) Provides reasonable challenges

and opportunities for taking targeted

species under the described harvest

objective established by the hunting

program. It also minimizes the reliance

on motorized vehicles and technology

designed to increase the advantage of

the hunter over wildlife;

(8) Minimizes habitat impacts;

(9) Creates minimal conflict with

other priority wildlife-dependent

recreational uses or refuge operations;

and

(10) Incorporates a message of

stewardship and conservation in

hunting opportunities.

C. Special weapons hunts. Special

weapons hunts limit the choice of

weapons individuals can use in the field

to take big game (e.g., elk, deer). Bows,

shotguns, and black powder guns may

be classified as special weapons. We

generally authorize special weapons

hunts with appropriate conditions, such

as ‘‘Archery Only,’’ ‘‘Primitive Weapons

Only,’’ or ‘‘Shotgun Only,’’ unless these

hunts are spatially separated by season.

D. Inviolate sanctuaries. A national

wildlife refuge, or portions thereof,

acquired or established in one of the

following ways:

(1) Acquired with the approval of the

Migratory Bird Conservation

Commission (MBCC) for the purpose of

an inviolate sanctuary;

(2) Established by an instrument or

document that states that we intend to

manage the area as an ‘‘inviolate

sanctuary for migratory birds’’ or to

fulfill the purpose of the Migratory Bird

Conservation Act.

E. Tournament hunting. A hunting

competition for monetary or other

prizes, such as a ‘‘Big Buck’’ contest.

2.7 When do we address the decision

to allow hunting for proposed additions

to the National Wildlife Refuge System?

When lands and waters are under

consideration for addition to the

System, the Refuge Manager will make

an interim compatibility determination

on any existing priority public uses. The

record of decision establishing or

expanding hunting on the refuge must

document the completion of such

determinations. The results of these

determinations are in effect until the

completion of a Comprehensive

Conservation Plan (CCP). It is during the

development of the CCP and

implementation of the National

Federal Register / Vol. 66, No. 10 / Tuesday, January 16, 2001 / Notices 3689

Environmental Policy Act (NEPA) that

we accept and incorporate public

comments into the hunting decision on

the refuge.

2.8 How do we open System lands to

hunting? The decision to open a refuge

to hunting depends on the provisions of

laws and regulations applicable to the

specific refuge and a determination by

the Refuge Manager that opening an area

to hunting will be compatible. This

decision must also be consistent with

the principles of sound wildlife

management, applicable wildlife

objectives, and otherwise be in the

public interest (see 50 Code of Federal

Regulations (CFR) 32.1).

A. Specific conditions. The following

conditions apply to hunting on certain

units of the System.

(1) Inviolate sanctuaries. We may

allow hunting of migratory game birds

on no more than 40 percent of the total

area unless the Secretary finds that

taking of any such species in more than

40 percent of such area would be

beneficial to the species (NWRSAA). If

we open only 40 percent of an inviolate

sanctuary to migratory bird hunting, the

opened area could conceivably contain

100 percent of the habitat for migratory

birds and comply with the law.

However, we must first determine if the

proposal is compatible with the

purposes of the refuge and the System

mission. Before we can open more than

40 percent of an inviolate sanctuary to

hunting, we must publish the reasons

for doing so in the Federal Register.

Because of this requirement, the

Director, under delegation from the

Secretary, must approve all proposals to

open more than 40 percent of an

inviolate sanctuary to migratory bird

hunting. Regional Directors retain the

authority to open more than 40 percent

of areas on refuges that are not inviolate

sanctuaries. Refuge managers must

carefully evaluate all such proposals to

ensure the proposed action will be

compatible. Inviolate sanctuary

classification imposes no limits on

hunting non-migratory birds or other

game species.

(2) Waterfowl Production Areas

(WPAs). WPAs are open to hunting in

accordance with State law (50 CFR 32.1)

as long as it is compatible. A hunting

plan or rulemaking document is not

necessary to open these areas to

hunting. We may restrict WPA hunting

programs and under 50 CFR 32.1, we

may also close WPAs to hunting and

other public use if circumstances

warrant.

(3) Wetland easements. We have no

authority over hunting on wetland

easements, which we most often acquire

as part of the Small Wetland

Acquisition Program, unless we

purchased specific rights with the

easements. For these easements, the

landowner has usually retained all

rights to control public access,

including for hunting and other

recreational uses.

(4) Easement refuges. The rights

acquired with the individual easement

refuge determines our control of hunting

on easement refuges. The Regional

Director is responsible for determining

the extent of our control over hunting

on these areas. If we control hunting,

the Refuge Manager must follow all

procedures required to open a refuge to

hunting.

(5) Farm Service Agency Easements

formerly Farmers Home Administration

(FmHA)). We have no authority over

hunting or other forms of public use on

easements obtained through the various

Farm Service Agency inventory

property easement programs of 1985,

1990, and 1996. The landowner retains

the right to control access for hunting

and other recreational uses.

(6) National wildlife refuges in

Alaska. The Alaska National Interest

Lands Conservation Act (ANILCA) (16

U.S.C. 410hh-3233 and 43 U.S.C. 1602–

1784) opens all national wildlife refuges

in Alaska to hunting under applicable

Federal and State law as long as it is

compatible (50 CFR 36.32). A hunting

plan or rulemaking document is not

necessary to permit hunting on these

refuges. We may prohibit or restrict the

taking of wildlife only in conjunction

with notices and hearings under the

requirements of 50 CFR 36.42 regarding

public participation and closure

procedures. Local rural residents may

hunt wildlife for subsistence uses in

compliance with applicable Federal and

State laws. Under ANILCA, nonwasteful subsistence use of wildlife by

rural residents has priority over other

consumptive uses permitted on national

wildlife refuges in Alaska.

B. Evaluation criteria for hunting

programs. We will use the following

criteria and standards to evaluate

hunting programs on units of the

System:

(1) Compatibility. A hunting program

must be compatible with the purpose(s)

of the refuge and the System mission.

(2) Biological integrity, diversity, and

environmental health. We maintain, or

contribute to the maintenance of,

populations of native species. We

design our wildlife population

management strategies to support

accomplishing refuge purposes while

maintaining or restoring biological

integrity, diversity, and environmental

health (see 601 FW 3). We formulate

refuge goals and objectives for

population management by considering

natural densities, social structures, and

population dynamics at the refuge level

and population objectives set by

national plans and programs—such as

the North American Waterfowl

Management Plan—in which the System

is a partner.

(3) Relationship with other public use

programs. An integrated approach to

providing opportunities for compatible

wildlife-dependent recreational uses

will minimize conflicts between

individuals participating in these uses.

We will evaluate time and space

scheduling and zoning as methods to

ensure opportunities for quality

experience among different user groups.

(4) Resources. Providing quality

recreational experiences for the public

requires appropriate funding, facilities,

and staff. The House Report

accompanying the House of

Representatives version of the National

Wildlife Refuge System Improvement

Act of 1997 (H. Rpt. 105–106)

encourages refuge managers to take

reasonable steps to obtain outside

assistance from States and other

conservation interests, if adequate

financial resources are not available to

manage a priority use in a compatible

manner. Refuge managers should work

closely with State, community, and

conservation partners to help obtain

necessary resources to manage the

priority wildlife-dependent recreational

use programs. Potential sources of

support include the following: hunting

organizations, user fees for hunting;

cooperating with State, local, or Tribal

agencies; and assistance from refuge

support groups or volunteers. We

encourage refuge managers to seek and

implement other opportunities to obtain

additional resources as they become

available.

(5) Evaluation and monitoring. Refuge

managers must monitor and evaluate

their hunting programs regularly. Refuge

managers should evaluate both the

quality of the recreation experience and

the effects of the activity on refuge

resources. A wide variety of evaluation

tools exist, from simply asking the

hunting public how they rate their

experience to contracting with a

university or private company to

conduct a formal survey. If a Refuge

Manager decides to use a survey to

evaluate the hunting experience, he or

she must receive approval from the

Office of Management and Budget on

the information collection process

before conducting any public surveys.

C. Consultation and coordination. (1)

Coordination with states. When a

refuge, or portion thereof, is open to

hunting, we allow hunting within the

3690 Federal Register / Vol. 66, No. 10 / Tuesday, January 16, 2001 / Notices

framework of applicable State

regulations. We consult with the State,

Tribes, and other appropriate authorities

during the development of hunting

programs and whenever we plan

significant changes. Refuge regulations

must be consistent with State

regulations, to the extent practicable.

The use of more restrictive regulations

requires consultation with the State. We

must list regulations that are more

restrictive than State regulations, such

as seasons and fishing hours as refugespecific regulations in 50 CFR part 32.

Refuge-specific regulations must not

weaken existing State laws and

regulations. We must justify deviations

from State regulations in the refuge

hunting plan or amendments to that

plan.

(2) Endangered species consultation.

We will review all hunting programs

annually to determine if they may affect,

adversely or beneficially, threatened or

endangered species and their habitats.

The Refuge Manager will initiate

consultation as appropriate, under

Section 7 of the Endangered Species Act

and intra-Service consultation

procedures.

(3) Public involvement. The

appropriate level of public involvement

must accompany new or significant

changes to existing hunting programs.

Refuge managers must plan efforts well

in advance of the proposed changes in

order to obtain as much involvement

from groups and individuals as possible.

A variety of methods are available for

the Refuge Manager to use to involve

and inform the public, including public

meetings, workshops, news releases,

and mailings to interested groups. We

encourage refuge managers to continue

to use these and other methods. We

require an outreach plan developed in

coordination with Regional External

Affairs Offices for new hunting

programs or any major changes affecting

existing programs.

D. Documentation required to open a

refuge to hunting. The Refuge Manager

must submit the following documents to

the appropriate staff in the Regional

Office to open a refuge to hunting. The

Regional Office then forwards a copy of

these documents to the National

Wildlife Refuge System Headquarters

for preparation of a rulemaking

document.

(1) Step-down hunting plan. This plan

should be a step-down plan of the

refuge’s CCP which must include a

compatibility determination on the

hunting program. If the unit has not yet

completed a CCP, the step-down

hunting plan must contain a

compatibility determination until the

CCP is completed. The hunting plan

should be an appendix to the overall

plan for providing public uses on

refuges. The plan will provide

documentation of the hunting allowed

on a refuge, including the relationship

of hunting to refuge purpose(s), goals,

and objectives and the System mission.

The suggested format for a refuge

hunting plan is labeled as Exhibit 1 in

this chapter.

(2) Appropriate NEPA documentation.

(3) Appropriate decision

documentation.

(4) Section 7 evaluation. (See Exhibit

2 for information on Section 7

evaluation.)

(5) Copies of letters requesting State,

and, where appropriate, tribal

involvement and the results of the

request.

(6) Draft news release.

(7) Outreach plan. (We label a

Directorate-approved outline for an

Outreach Plan as Exhibit 3.)

2.9 Who prepares and reviews a

refuge hunting plan? The Refuge

Manager, with technical assistance as

needed from the Regional Office and

State and Tribal wildlife agencies, is

responsible for preparation of the

hunting plan. The Regional Director

approves the plan before the rulemaking

process begins. The Regional Office

sends copies of the approved hunting

plans to Headquarters (including the

approved outreach plan) for

concurrence. During the rulemaking

process, Headquarters staff use the

hunting plan as reference material and

supporting documentation. The Refuge

Manager must annually review hunting

plans for each refuge where we allow

hunting. The Refuge Manager must refer

to this plan in the Refuge Public Use

Plan or CCP and provide overall

documentation of the hunting allowed

on a refuge.

2.10 What information do we need for

publication in the Federal Register? The

Refuge Manager must submit

information about what species we

propose to open for hunting and the

conditions of the proposed hunt once

we determine the proposal to be

compatible and document the results in

an approved hunting plan. The Regional

Liaison must forward copies of this

information to the Federal Register

Liaison at Headquarters for the

development of the proposed and final

refuge-specific regulations (codified in

50 CFR), which we publish in the

Federal Register. If a Refuge Manager

proposes to open more than 40 percent

of an inviolate sanctuary to migratory

game bird hunting, we must also

publish the justification in the Federal

Register.

2.11 What is the refuge-specific

regulations process? The refuge-specific

regulation process is outlined below:

A. Headquarters must publish in the

Federal Register, proposed refugespecific regulations pertaining to a

refuge’s hunting program that are

necessary to conduct that program prior

to them becoming effective. Refuge

managers must forward all refugespecific regulations through appropriate

channels to Headquarters for clearance

and submission to the Federal Register.

The refuge is open to hunting officially

after the effective date of the final rule.

Hunting can begin concurrently with or

after the opening of the State season.

B. Refuge managers must review these

regulations and the refuge hunting plan

annually to ensure compatibility and

consistency of the hunting program with

existing laws and regulations. Refuge

managers must submit any amendments

(additions, deletions, or modifications)

each year to the designated regional

hunting and fishing program

coordinator who, in turn, sends that

information to Headquarter’s Federal

Register Liaison for inclusion in the

rulemaking documents for publication

in the Federal Register. Headquarter’s

Federal Register Liaison must receive

this information by January 31 each year

to allow sufficient time for compilation

and review by concerned program

offices and the Solicitor, signature by

the Assistant Secretary, and the

Departmental review for both proposed

and final rules. This includes a 30-day

public comment period on the proposed

rule. We cannot publish a refuge

opening without the complete hunting

package. If no amendments are

necessary, refuge managers should

submit a negative response to that effect

to the Regional Office (to the attention

of the hunting and fishing program

coordinator). Refuge-specific regulations

should be standard and consistent in

format throughout the System. We

include guidelines for preparing and

submitting regulations and amendments

in Exhibit 4.

2.12 How do we revise a hunting

plan? The Refuge Manager may approve

all revisions in hunting plans except

major revisions. Major revisions in

hunting plans (e.g., addition of big game

to a hunting program, designating hunts

for special weapons use only) must

occur as an amendment to the hunting

plan unless the original plan included

specific conditions under which that

revision could occur. The preparation

and approval of amendments follows

the same guidelines as preparation and

approval of the original plan. Submit

only the revised portion of the plan for

approval to the Regional Office. The

Federal Register / Vol. 66, No. 10 / Tuesday, January 16, 2001 / Notices 3691

Regional Director approves revisions

only when Headquarters has already

listed the refuge in 50 CFR as open to

that particular category of hunting.

Otherwise, refuge managers must

submit the amended hunting plan for

rulemaking. Opening a refuge to new

categories requires the appropriate

National Environmental Policy Act

(NEPA) findings.

2.13 What are the guidelines for

refuge hunting programs? We should

plan, manage, conduct, and evaluate

refuge hunting programs on a consistent

basis in ways that ensure hunter and

visitor safety, and promote positive

values such as fair chase, high ethical

standards, and respect for the resource.

Hunting on refuges must have the

attributes of a quality hunt as defined in

section 2.6B. The following guidelines

should help ensure quality

opportunities are available.

A. Permits. We require hunters to

have all applicable Federal, State, and

Tribal licenses or stamps in their

possession. We can issue refuge permits

to limit participation or gather

information. If we use refuge permits to

limit hunter numbers, we will issue

them on a random basis to the public.

Refuge managers should avoid

complicated application processes that

require additional resources.

Application processes should be flexible

to provide an opportunity to all

potential hunters. Under ANILCA,

qualified rural subsistence hunters are

given a preference to harvest game on

Alaska refuges as outlined by the rules

and regulations established by the

Federal Subsistence Board. We should

coordinate with Tribal and State

application and lottery processes where

practicable.

B. Fees. The Refuge Manager makes

the decision to charge a fee in

coordination with the Regional Office.

We have the authority to charge fees for

applications, refuge permits, and the use

of facilities (i.e., hunting blinds) under

existing recreation fee programs. We use

fees collected for visitor service

enhancement projects, and resource

protection. The authority under which

we collect fees contains stipulations on

how we may reinvest the monies. The

Regional Fee Coordinator can assist

with the approval of fees as well as

provide information on the

appropriateness of fund distribution.

C. Zoning recreational use. We desire

a balanced hunting program that allows

a variety of quality hunting

opportunities. For example, designating

areas for youth hunts, establishing areas

that provide access for hunters with

disabilities, establishing ‘‘special

weapons’’ areas, designating areas for

seasonal or daily closures for

consumptive and non-consumptive use,

designating areas for non-motorized

boat use, and establishing areas where

hunters use methods to reduce crippling

loss, help us achieve a balanced hunting

program and increase the quality of the

experience. We can also use zoning to

reduce conflicts between hunters and

other users.

D. Law enforcement. Law

enforcement is an important part of any

hunting program. It is used to ensure

legal and equitable utilization of fish

and wildlife resources on refuges, as

prescribed by law. Law enforcement is

also used to obtain compliance with

laws and regulations necessary for

proper administration, management,

and protection of the System. The effort

invested should be sufficient to protect

human safety, wildlife populations, and

ensure compliance with regulations

based on past experiences and current

circumstances.

E. Hunter access and vehicle control.

Refuge managers must carefully plan,

manage, and evaluate access and vehicle

control to retain high levels of

undisturbed opportunities. Refuge

managers should strongly encourage

those opportunities not dependent upon

the use of motorized vehicles. We can

make exceptions to general access

restrictions for hunters with disabilities

when necessary to facilitate their

experience, and when compatible with

resource management objectives. For

example, refuge managers may issue

special use permits to hunters with

certain disabilities for access to hunt

blinds, or retrieval of downed game.

Refuge managers could require specific

physician’s documentation before

providing the disabled hunter a special

use permit.

F. Camping. We may allow camping

on refuges when it is necessary to

support hunting opportunities. Camping

is appropriate only when no reasonable

(based on time, distance and expense)

lodging opportunities are available offrefuge and when staff resources needed

to manage camping do not detract from

the quality of another priority wildlifedependent recreational use. Large

refuges in the western United States,

refuges in Alaska, and some remote

refuges allow camping under this

criteria. See the Appropriate Refuge

Uses chapter (603 FW 1) for additional

information.

G. Hunting by service staff. Service

employees are subject to the same rules

and regulations as the general public. If

only limited hunting opportunities

exist, refuge managers should discuss

with Service employees the need to be

sensitive to the possibility of the public

perception of conflict of interest. We

never authorize Service employees to

wear uniform components outside of

their official capacity. When employees

participate in off-duty hunting

opportunities, they are not authorized

and, therefore, should never wear

uniform components (e.g., uniform ball

caps, uniform jeans). When Service

employees actively participate in

assigning limited hunting permits, they

will not participate in that particular

hunt on those affected refuge lands. In

addition, personnel may not use means

of access to hunt in areas that are not

available to the general public.

H. Communication materials.

Professionally developed outreach

materials will benefit refuge managers

by providing clear and thorough

information to hunters. Brochures must

conform with the U.S. Fish and Wildlife

Service Graphics Standards and be

consistent with refuge-specific

regulations. Contact your Regional

Publications Coordinator for graphic

standards. Refuge managers do not need

to include regulations and dates that are

identical to State seasons. Include

information that encourages hunters to

hunt safely and ethically. We encourage

refuge managers to use electronic media,

such as the Internet, to distribute

information. Refuge managers should

work with Regional Office staff to

provide information on standards and

guidelines for all communications

materials.

I. Equipment. Refuge managers may

place limits on certain equipment such

as decoys, boats, tree stands, and type

of firearm or ammunition if they

determine that such limits reduce

crippling loss, resource damage, hunter

conflicts, or improve the quality of the

hunt.

J. Boundary hunting. We discourage

boundary hunting adjacent to closed

areas of refuges. We can alter boundary

lines or habitat, or eliminate parking

areas and access roads, to distribute

hunters or modify wildlife use patterns

in ways that make boundary hunting

less appealing. Refuge managers must

use retrieval zones sparingly and only to

prevent waste by allowing the retrieval

of dead or crippled game. Prior to

establishing these zones, managers

should consider adjusting hunt

boundaries as well as the cost of signing

and enforcing restrictions. Limit the

entry of hunters into closed areas

wherever possible. Retrieval of big game

may require entry, with permission, into

closed areas.

K. Check stations. Use check stations

only as a means to monitor the hunt,

gather important information that we

cannot obtain in a less expensive

3692 Federal Register / Vol. 66, No. 10 / Tuesday, January 16, 2001 / Notices

manner, or gather biological information

about animal populations. Refuge

managers should evaluate the continued

use of check stations periodically to

determine if there is a more costeffective means of providing quality

hunting services. Use permanent check

stations only to control the hunting area

access and not to enforce hunting

regulations.

L. Data collection. Refuge managers

should evaluate hunting programs to

determine if we are meeting objectives.

Refuge managers should consult with

the State regarding data collection needs

and survey methods.

M. Proficiency testing. Generally, we

will not require mandatory testing or

qualifications above State requirements.

If a Refuge Manager wants to implement

a proficiency test more restrictive than

that required by the State, the Refuge

Supervisor must approve the test. For

example, if hunters were not allowed to

take black ducks or mallard hens on a

refuge but were permitted to take

gadwalls, the hunter could be required

to show proficiency in the identification

of gadwalls and other waterfowl.

N. Hunting with dogs. The use of

properly trained dogs is an important

part of the American hunting tradition,

enhances the quality of the hunting

experience, and can reduce the loss of

crippled game. We recognize the long

relationship between dogs and hunters.

However, in our effort to emphasize

high-quality visitor experiences which

minimize visitor use conflicts and

wildlife disturbance, we must make

distinctions between various uses of

dogs for hunting. Not all uses of dogs for

hunting will fit with System quality

hunting experience goals.

We do not allow hunting dogs in areas

closed to hunting or other public use

and we only allow their use in the

following circumstances:

(1) Retrievers. We encourage the use

of trained retrieving dogs for waterfowl.

Emphasize the value of trained

retrievers in reducing the loss of

downed birds in outreach materials

promoting the hunting program.

(2) Pointing and flushing dogs.

Typically, hunters use pointing and

flushing dogs in pursuit of upland game

birds. Well-trained pointing and

flushing dogs enhance a hunting

experience by creating more

opportunities and finding and retrieving

downed birds.

(3) Pursuit hounds. Refuge managers

will carefully consider the impacts of

the use of pursuit hounds on the refuge.

When evaluating compatibility of

hunting with pursuit hounds, a Refuge

Manager will include the following

discussion points in the compatibility

determination:

(a) The likelihood of pursuit hounds

injuring or annoying wildlife to such an

extent as to significantly disrupt normal

behavioral patterns of non target

species;

(b) The likelihood of pursuit hounds

interfering with the quality of the

experience of other refuge visitors;

(c) The likelihood of pursuit hounds

venturing out of open hunting areas and

entering closed areas or adjacent private

lands; and

(d) The effects of pursuit hounds

ranging out of the hunter’s control and

being left on the refuge for an extended

period of time.

O. Special weapons hunts. We offer

hunting opportunities to as broad a

spectrum of the public as possible.

Consider special weapons hunts, as

defined in section 2.6C, under some of

the following conditions:

(1) Safety. Extremely dense cover,

agricultural fields, or other vegetation

characteristics may create situations

where rifles are not appropriate.

Configuration of hunt areas, such as

long, narrow corridors or occupied

inholdings, may also create situations

where we should only allow specific

weapons due to safety considerations.

(2) Limited harvest. In cases where

there are relatively low populations or

other limited harvest opportunities,

offering special weapons hunts could be

a method to provide hunting

opportunities where they would

otherwise not exist.

(3) State seasons for special weapons.

In some States, the State designates

separate seasons for specific weapons.

When the State conducts archery, black

powder, and other special seasons, it

may be appropriate for refuge hunts to

accommodate them. The decision as to

whether a special weapons hunt

approved by the State is compatible on

the refuge lies with the Refuge Manager.

P. Falconry. If falconry is deemed

appropriate and compatible on the

refuge, it must be conducted under

applicable Federal, State, and Tribal

regulations. Refuge managers should

consider:

(1) Will the refuge falconry hunting

area provide a quality and safe falconry

experience? For example, is the area

large enough for a raptor to fly, stoop,

and capture prey and be unobstructed

by barbed wire fences or power lines?

(2) Will endangered or threatened

species be harassed (see 50 CFR 17.11)?

(3) Will falconry negatively impact

adjacent land uses (e.g., a nearby

poultry farm) or will adjacent land uses

affect the falconry on the refuge (e.g., a

neighboring race track)?

Q. Nontoxic shot. Hunters may

possess only nontoxic shot that

conforms with the standards identified

in 50 CFR 32.2(k) while hunting with

shotguns or muzzle loaders on WPA’s,

or on certain other areas of the System.

This regulation does not apply to turkey

and deer hunters using buckshot or

slugs, except as specifically limited by

refuge-specific regulations.

R. Night hunting. We allow night

hunting when it is appropriate and

compatible with the purpose(s) of the

refuge and the mission of the System. If

a refuge is generally not open after

sunset, refuge managers may make an

exception and allow night hunting.

Refuge managers must base the decision

on specific refuge objectives and not

historical use. Reference the General

Recreation Guidance Chapter, 605 FW 1,

for additional information about afterhours activities.

S. Tournament hunting. We prohibit

this type of hunting on System lands

and waters unless we make a specific

determination that the event builds

appreciation for and an understanding

of fish and wildlife resources, does not

reasonably interfere with other refuge

visitors, and if prizes of only nominal

value are awarded. Refer to the

Appropriate Uses Chapter (603 FW 1)

for additional discussions of

competitive events.

T. Youth hunting. We encourage

refuge managers to set aside areas or

times to promote hunting by children or

under represented groups. Experiencing

hunting in a safe environment and

exposure to proper hunting methods is

important to developing life skills and

public support for healthy ecosystems.

Refuge managers should take advantage

of these opportunities to educate young

hunters and their parents about the

importance of wildlife management.

2.14 How do we close a refuge to

hunting? The Refuge Manager may close

all or any part of a refuge that we have

opened to hunting whenever necessary

to protect the resources of the area or in

the event of an emergency endangering

life, property, or any population of

wildlife, fish or plants (50 CFR 25.21).

A. Emergency closure. We do not

require advance public notice for

closure under emergency conditions.

We will notify the public of such

closures by signs, special maps, or other

appropriate methods.

B. Non emergency closure. We will

evaluate non-emergency closure of a

refuge hunting program for impacts on

wildlife populations, ecosystems, and

priority recreation uses. If the impacts

are likely to be major or controversial,

we will prepare an environmental

assessment and follow the public

Federal Register / Vol. 66, No. 10 / Tuesday, January 16, 2001 / Notices 3693

participation process identified in the

National Environmental Policy Act

(NEPA). We will evaluate the impacts of

the decisions and give appropriate

notification to the public. In Alaska,

temporary closures or restrictions

relating to the taking of wildlife will not

be effective prior to the notice and

hearing that we will conduct for an

emergency closure in the vicinity of the

affected area(s) and may not exceed 12

months.

Exhibit 1—Refuge Hunting Plan Format

I. Introduction

Include a general description of the refuge

and information pertinent to the planned

hunting program. If a Refuge Manager

develops this hunting plan as a portion of an

integrated public use plan, we may not

require this information. Include non

repetitive general information in the

Comprehensive Conservation Plan.

II. Conformance with Statutory Authorities

Explain how the program will be

compatible with the System mission, the

goals and objectives of the refuge, and the

purpose(s) for which the refuge was

established. Include projections of the

resources (staff and funding) needed to

conduct the program and their sources.

Include an explanation of how the program

will address the requirements of applicable

authorities.

III. Statement of Objectives

List the major refuge objectives and the

specific objectives of the hunting program.

Describe how hunting will impact the refuge

objectives.

IV. Assessment

Evaluate the hunting resources on the

refuge populations and habitats. Points to

discuss include, but are not limited to, the

following:

a. Will populations sustain hunting and

still support other wildlife-dependent

priority uses?

b. Do target species and other wildlife

compete for habitat?

c. Do target species prey on other species

at unacceptable levels?

V. Description

Describe the program in detail, using

graphics as needed. The description should

include:

a. Areas of the refuge that support target

species.

b. Areas of the refuge to be opened to

hunting.

c. Species designated for hunting and

hunting periods.

c. Justification of permit system, if

required.

d. Consideration of user fees.

e. Consultation and coordination

procedures with States, including

justification of refuge-specific regulations.

f. Methods of control and enforcement.

g. Staffing and funding needs.

h. Consideration of providing

opportunities for hunters with disabilities.

VI. Measures Taken To Avoid Conflicts With

Other Management Objectives

a. Biological conflicts. Include section 7

consultation, and other measures proposed to

minimize or eliminate conflicts with

endangered species or non target species.

b. Social conflicts. Include proposed

measures that minimize or eliminate

conflicts with other user groups.

VII. Hunt Specifics

a. Refuge-specific regulations.

b. Outreach plan.

c. Hunter application and registration

procedures (if needed).

d. Description of hunter selection process

(if needed).

e. Draft news release regarding the hunting

program.

f. Description of hunter orientation,

including pre hunt scouting opportunities.

g. Hunter requirements:

(1) State determined age requirement.

(2) Allowable equipment.

(3) Licensing and permits.

(4) Reporting requirements.

(5) Hunter training and safety.

(6) Other information (use of dogs,

falconry, etc.)

VIII. Compatibility Determination

IX. Appropriate NEPA Documents

X. Evaluation

a. Monitoring and reporting use levels and

trends.

b. Surveying needs of the hunting visitor.

c. Are we meeting program objectives?

d. Do we need to resolve any conflicts?

e. Refuge/Regional Office review schedule.

Exhibit 2—Priority Wildlife-Dependent

Recreation (Hunting)

Use the following terminology for your

Section 7 determination as to whether the

opening of your refuge to hunting and/or

fishing will affect the continued existence of

any endangered or threatened species or

result in the destruction or adverse

modification of habitat of such species

within the System.

Types of Effects

1. No effect: The appropriate conclusion

when the Service determines that a proposed

Service action will not affect a listed species

or designated critical habitat.

2. Is not likely to adversely affect: The

appropriate conclusion when effects on listed

species are expected to be discountable,

insignificant, or completely beneficial.

Beneficial effects are contemporaneous

positive effects without any adverse effects to

the species. Insignificant effects relate to the

size of the impact and should never reach the

scale where take occurs. Discountable effects

are those extremely unlikely to occur. Based

on best judgment, a person would not (1) be

able to meaningfully measure, detect, or

evaluate insignificant effects; or (2) expect

discountable effects to occur.

3. Is likely to adversely affect: The

appropriate finding in a biological

assessment (or conclusion during

information consultation) if any adverse

effect to listed species may occur as a direct

or indirect result of the proposed Service

action or its interrelated or interdependent

actions, and the effect is not: discountable,

insignificant, or beneficial (see definition of

‘‘is not likely to adversely affect’’). In the

event the overall effect of the proposed

Service action is beneficial to the listed

species but is also likely to cause some

adverse effects, then the proposed Service

action ‘‘is likely to adversely affect’’ the

listed species. If incidental take is anticipated

to occur as a result of the proposed action,

an ‘‘is likely to adversely affect’’

determination should be made. This

determination requires the initiation of

formal intra-Service section 7 consultation

(see definition of ‘‘informal intra-Service

consultation’’).

4. May affect: The appropriate conclusion

when a proposed action may pose any effects

on listed species or designated critical

habitat. When the Federal agency (in this

case the Service) proposing the action

determines that a ‘‘may affect’’ situation

exists, then the Service must initiate formal

consultation or seek written concurrence

from the involved Service programs that the

action ‘‘is not likely to adversely affect’’

listed species.

5. Is likely to jeopardize proposed or

candidate species/adversely modify proposed

critical habitat: The appropriate conclusion

when the Service identifies situations where

the proposed Service action is likely to

jeopardize the continued existence of a

species proposed for listing or a candidate

species, or adversely modify an area

proposed for designation as critical habitat. If

this conclusion is reached, intra-Service

conference is required.

Types of Consultation

1. Formal intra-Service consultation: A

process between a Service program

authorizing an action and another Service

program affected by that action that: (1)

Determines whether a proposed Service

action is likely to jeopardize the continued

existence of listed species or destroy or

adversely modify designated critical habitat;

(2) begins with the Service program that

authorizes the action providing a written

request and submitting a complete initiation

package to the affected Service program; and

(3) concludes with the issuance of a

biological opinion and incidental take

statement by the affected Service program. If

a proposed Service action may affect a listed

species or designated critical habitat, formal

intra-Service consultation is required (except

when the involved Service programs concur,

in writing, that a proposed action ‘‘is not

likely to adversely affect’’ listed species or

designated critical habitat). (50 CFR 402.02;

50 CFR 402.14)

2. Informal intra-Service consultation: An

optional process that includes all discussions

and correspondence between Service

programs, prior to formal intra-Service

consultation, to determine whether a

proposed Service action may affect listed

species or critical habitat. This process

allows the Service to utilize its in-house

expertise to evaluate a Service program’s

assessment of potential effects or to suggest

possible modifications to the proposed action

3694 Federal Register / Vol. 66, No. 10 / Tuesday, January 16, 2001 / Notices

which could avoid potentially adverse

effects. If a proposed Service action may

affect listed species or designated critical

habitat, formal intra-Service consultation is

required (except when the involved Service

programs concur, in writing, that a proposed

action ‘‘is not likely to adversely affect’’

listed species or designated critical habitat).

(50 CFR 402.02; 50 CFR 402.13)

Exhibit 3—Outreach Plan Summary

I. Issue: (State the issue in one or two

sentences.)

II. Basic Facts About the Issue:

III. Communication Goals:

IV. Message:

V. Interested Parties:

VI. Key Date:

VII. Strategy:

Exhibit 4—Guidelines for Preparation

of Refuge-Specific Hunting Regulations

Hunting regulations on national wildlife

refuges accomplish three major purposes:

They protect the resource, manage it, and

ensure safety. State hunting regulations

generally provide the framework for meeting

these three criteria. When State regulations

fall short of meeting these criteria, refugespecific regulations are necessary. These

regulations should focus primarily on

management of the wildlife resource and

should be enforceable. For example, if we

require permits on a specific refuge, a

statement that we require special refuge

permits is all that is necessary. Details are not

appropriate in the regulations. Address

details in a leaflet or the permit application.

Also, do not submit text for your refuge

unless it represents a CHANGE to the

existing language in part 32. If you are adding

conditions to those already published, state

that these are ‘‘adds’’ and indicate where you

want them inserted in the text.

Duplications of existing 50 CFR provisions.

When writing your regulations, check 50 CFR

to avoid duplication. For example, in Part 27,

Prohibited Acts, Section 27.31 restricts motor

vehicles to ‘‘designated routes of travel.

* * * delineated on maps by the Refuge

Manager;’’ Section 27.81 adequately covers

possession of alcohol; and Section 27.95

prohibits setting fires.

Duplication of State regulations. 50 CFR

32.2 (d) states ‘‘Each person shall comply

with the applicable provisions of the laws

and regulations of the State wherein any area

is located unless further restricted by Federal

law or regulation.’’ Therefore, do not repeat

State bag limits, seasons, etc., in the refugespecific regulations. Indicate differences in a

cover memo that justifies differences and

deviations.

Preparation of refuge-specific regulations.

List shell limits, bag limits, seasons, and

hours that differ from the State’s in the

refuge-specific regulations.

Use the following as an example for your

submission for modifications to existing text:

Section 32.42 Minnesota.

Big Stone National Wildlife Refuge

B. Upland Game Hunting.

Replace the preamble to read as follows:

You may hunt partridge, pheasant, wild

turkey, gray and fox squirrel, cottontail and

jack rabbit, red and gray fox, raccoon, and

striped skunk on designated areas of the

refuge subject to the following conditions:

Add new conditions B.2. and B.3. to read

as follows:

B.2. You may hunt fox, raccoon, and

striped skunk only during open seasons for

other small game species. You may not use

dogs while raccoon hunting.

B.3. You may hunt turkey only if you have

a valid State turkey hunting permit in your

possession.

Use the following example for an addition

of a refuge to part 32:

Section 32.20 Alabama.

Grand Bay National Wildlife Refuge

A. Hunting of Migratory Game Birds. We

allow hunting of geese, ducks, and coots on

designated areas of the refuge subject to the

following condition: We require a refuge

permit.

B. Upland Game Hunting. We allow

hunting of squirrel and rabbits on designated

areas of the refuge subject to the following

condition: We require a refuge permit.

C. Big Game Hunting. We allow hunting of

white-tailed deer on designated areas of the

refuge subject to the following conditions:

We require a refuge permit.

D. Sport Fishing. [Reserved]

Draft Recreational Fishing Policy

Fish and Wildlife Service

Priority Wildlife-Dependent Recreation

Part 605 Fish and Wildlife Service Manual

Chapter 3 Recreational Fishing 605 FW 3.1

3.1 What is the purpose of this

chapter? This chapter provides the Fish

and Wildlife Service’s (Service) policy

governing the management of

recreational fishing on units of the

National Wildlife Refuge System

(System or we).

3.2 To what programs does this

chapter apply? The policies contained

in this chapter apply to recreational

fishing on national wildlife refuges,

waterfowl production areas, and

coordination areas, which are all units

of the System.

3.3 What is our policy on fishing on

refuge lands? The overarching goal of

our priority public use policies is to

enhance opportunities and access to

high quality visitor experiences on

national wildlife refuges while not

compromising wildlife conservation.

We recognize fishing as a traditional

outdoor pastime that is deeply rooted in

America’s natural heritage. Fishing is a

legitimate and appropriate public use of

the System, and along with the five

other priority public uses in the Refuge

Improvement Act, will receive

enhanced consideration over other uses.

This means we will especially invest

our resources in providing high quality

fishing experiences for refuge visitors.

When determined to be compatible,

refuge managers are strongly encouraged

to provide to the public fishing

opportunities. Our fishing programs will

promote understanding and

appreciation of natural and cultural

resources and their management on all

lands included in the System. The

Service’s Division of Fish and Wildlife

Management Assistance and Habitat

Restoration has many field offices with

a broad range of expertise that are

available to the Refuge Manager when

planning and managing fishing

programs. We encourage refuge

managers to take advantage of this

important resource. We rely on close

cooperation and coordination with State

fish and wildlife management agencies

in managing fishing opportunities on

refuges and in setting refuge population

management goals and objectives.

Regulations permitting fishing within

the System shall be, to the extent

practicable, consistent with State fish

and wildlife laws, regulations, and

management plans. We encourage

refuge staff to take advantage of

opportunities to work with other

partners who have an interest in helping

us promote high quality wildlifedependent recreational programs on

refuges.

3.4 What are the objectives for our

fishing programs? The objectives of the

System’s fishing program are to:

effectively maintain healthy and diverse

fish population resources through the

use of scientific management

techniques; to promote public

understanding of, and increase public

appreciation for, America’s natural

resources and the Service’s role in

managing the System; to provide

opportunities for high-quality

recreational and educational

experiences; and to minimize conflicts

between anglers and other visitors.

3.5 What are the authorities that allow

fishing on the System? Refer to 605 FW

1 for laws and Executive orders that

govern fishing on System lands.

3.6 Do we have common definitions

for fishing terms? The following are

definitions of terms used in reference to

fishing.

A. Open to the public. Open to the

public for fishing means we allow

fishing by any individual who holds, if

required, a valid license, permit(s),

stamp(s) or other document allowing the

taking of a specific species of fish on

System waters. Areas open to fishing

may differ from areas open to the

general public for other recreational

activities. We note this distinction

through the use of signs and outreach

materials, such as general refuge

brochures or fishing brochures.

Federal Register / Vol. 66, No. 10 / Tuesday, January 16, 2001 / Notices 3695

B. Quality fishing experience. A

quality fishing experience is one that

contributes to management objectives

and accomplishes the following:

(1) Maximizes safety for anglers and

other visitors;

(2) Causes no adverse impact on

populations of resident or migratory

species, native species, threatened and

endangered species, or habitat;

(3) Encourages the highest standards

of ethical behavior in regard to catching,

attempting to catch, and releasing fish;

(4) Is available to a broad spectrum of

the public that visits, or potentially

would visit, the refuge;

(5) Provides reasonable

accommodations for individuals with

disabilities to participate in refuge

fishing activities;

(6) Reflects positively on the System;

(7) Provides uncrowded conditions;

(8) Creates minimal conflict with

other priority wildlife-dependent

recreational uses or refuge operation;

(9) Provides reasonable challenges

and harvest opportunities; and

(10) Increases the visitors

understanding and appreciation for the

fisheries resource.

C. Native fisheries. Fish that, other

than as a result of an introduction,

historically occurred in a specific

watershed. By ‘‘historically’’ we mean a

period identified as time before

European contact or settlement.

D. Tournament fishing. A fishing

competition for monetary or other

prizes.

E. Shellfish harvest. The recreational

harvest of abalone, clams, crabs,

crayfish, lobster, mussels, oysters,

scallops, shrimp, or other marine and

freshwater invertebrates.

F. Nontoxic tackle. A weighted tackle

(jigs and sinkers) made of materials

other than lead or lead alloys.

G. Nonnative/alien species. Any

species, including its seeds, eggs,

spores, or other biological material

capable of propagating that species, that

is not native to that ecosystem.

H. Set tackle. Any fishing hook(s),

devices, or lines that are not hand held

or not attached to a fishing rod, reel, or

pool under the immediate control of the

user (excludes rod and pole holders and

ice fishing tip-ups). In general terms, set

tackle is any fishing tackle designed,

rigged, floating or tied off for the

purposes of catching fish while

‘‘unattended’’ by the fishing visitor (e.g.,

trotlines, setlines).

I. Natural bait. Any natural live

aquatic organism used to catch target

fish.

3.7 When do we address the decision

to allow fishing for proposed additions

to the System? When lands or waters are

under consideration for addition to the

System, the Refuge Manager will make

an interim compatibility determination

on any existing priority public use. The

record of decision establishing fishing

on the refuge must document the

completion of such determinations. The

results of these determinations are to be

in effect until the completion of a

Comprehensive Conservation Plan

(CCP). It is during the development of

the CCP and implementation of National

Environmental Policy Act (NEPA) that

we accept public comments and

incorporate them into the decision to

allow fishing on the refuge. Refer to the

Comprehensive Conservation Planning

Process Chapter (602 FW 3) for detailed

information on this process.

3.8 What are the procedures for

opening System waters to fishing? The

decision to open a refuge to fishing

depends on the provisions of laws and

regulations applicable to the specific

refuge and a determination by the

Refuge Manager that opening the area to

fishing or harvest of other aquatic

species will be compatible. This

decision must also be consistent with

the principles of sound fishery

management, applicable fisheries

objectives, and otherwise be in the

public interest (see 50 Code of Federal

Regulations (CFR) 32.4).

A. Specific conditions. The following

conditions apply to fishing on certain

units of the System:

(1) Waterfowl Production Areas

(WPAs). WPAs are open to fishing

subject to State law (50 CFR 32.4) as

long as it is compatible. A rulemaking

document is not necessary to open these

areas to fishing since they are open

unless closed. We may restrict WPA

fishing programs by following the

procedures established for refuges.

Under 50 CFR 32.4, we may also

temporarily close WPAs to fishing and

other public use if circumstances

warrant.

(2) Wetland easements. We have no

authority over fishing on wetland

easements, which we most often acquire

as part of the Small Wetland

Acquisition Program, unless we

purchased specific rights with the

easements. For these easements, the

landowners has usually retained all

rights to control public access,

including access for fishing and other

recreational uses.

(3) Easement refuges. The rights

acquired with the individual easement

refuge determine our control over

fishing on easement refuges. The

Regional Director is responsible for

determining the extent of control over

fishing on these areas. If we control

fishing, the Refuge Manager must follow

all procedures required to open a refuge

to fishing.

(4) Farm Service Agency Easements

(formerly Farmers Home Administration

(FmHA)). We have no authority over

fishing or other forms of public use on

easements obtained through the various

Farm Service Agency inventory

property easement programs of 1985,

1990, and 1996. The landowner retains

the right to control access for fishing

and other recreational uses.

(5) National wildlife refuges in

Alaska. The Alaska National Interest

Lands Conservation Act (16 U.S.C.

410hh–3233 and 43 U.S.C. 1602–1784)

opens all national wildlife refuges in

Alaska to fishing under applicable

Federal and State law as long as it is

compatible (50 CFR 36.32). A fishing

plan or rulemaking document is not

necessary to permit fishing on these

refuges. We may prohibit or restrict the

taking of fish only in conjunction with

notices and hearings under the

requirements of 50 CFR 36.42 regarding

public participation and closure

procedures. Local rural residents may

fish and gather shellfish for subsistence

uses in compliance with applicable

Federal and State laws. Non-wasteful

subsistence use of wildlife by local rural

residents has priority over other

consumptive uses permitted on national

wildlife refuges in Alaska.

B. Evaluation criteria for fishing

programs. We will use the following

criteria and standards to evaluate

fishing programs on units of the System:

(1) Compatibility. A fishing program

must be compatible with the purpose(s)

of the refuge and the System mission.

(2) Biological integrity, diversity, and

environmental health. Fishing programs

must maintain, or contribute to the

maintenance of, viable populations of

native species. We design our fishing

programs to support accomplishing

refuge purposes while maintaining or

restoring biological integrity, diversity,

and environmental health (see 601 FW

3). We will not establish fishing

programs when there is a high potential

to adversely affect a significant

biological component of an existing

native fish population, either by taking

fish from that population or by

introducing non-native species.

(3) Relationship with other public use

programs. An integrated approach to

providing opportunities for compatible

wildlife-dependent recreational uses

will minimize conflicts. The Refuge

Manager will evaluate time and space

scheduling and zoning as methods to

ensure opportunities for a quality

experiences among different user

groups. In the case of conflicts between

priority wildlife-dependent recreational

3696 Federal Register / Vol. 66, No. 10 / Tuesday, January 16, 2001 / Notices

use, the Refuge Manager will make the

final decision on which use to allow

and which to curtail.

(4) Resources. Providing quality

recreational experiences for the public

requires appropriate funding, facilities,

and staff. The House Report

accompanying the House of

Representatives version of the National

Wildlife Refuge System Improvement

Act of 1997 (H. Rpt. 105–106)

encourages refuge managers to take

reasonable steps to obtain outside

assistance from States and other

conservation interests, if adequate

financial resources are not available to

manage a priority use in a compatible

manner. Refuge managers should work

closely with State, community, and

conservation partners to help obtain

necessary resources to manage the

priority wildlife-dependent recreational

use programs. Potential sources of

support include the following: angling

organizations, user fees for hunting;

cooperating with State, local, or Tribal

agencies; and assistance from refuge

support groups or volunteers. We

encourage refuge managers to seek and

implement other opportunities to obtain

additional resources as they become

available.

(5) Evaluation and monitoring. Refuge

managers must monitor and evaluate

their fishing programs regularly. Refuge

managers must evaluate both the quality

of the recreation experience and the

effects of the activity on refuge

resources. A wide variety of evaluation

tools exist, from simply asking the

fishing public how they rate their

experience to contracting with a

university or private company to

conduct a formal survey. If a Refuge

Manager decides to use a survey to

evaluate the fishing experience, he or

she must receive approval from the

Office of Management and Budget

before conducting any public surveys.

C. Consultation and coordination.

(1) Coordination with states and

tribes. When a refuge, or portion thereof,

is open to fishing, we generally allow

fishing within the framework of

applicable State and Tribal regulations.

We consult with the State, Tribes, and

other appropriate authorities during the

development of fishing programs and

whenever we plan significant changes.

Refuge regulations must be consistent

with State and Tribal regulations, to the

extent practicable. The use of more

restrictive regulations requires

consultation with the State or Tribe. We

must list regulations that are more

restrictive than State or Tribal

regulations, such as seasons and fishing

hours as refuge-specific regulations in

50 CFR part 32. Refuge-specific

regulations must not weaken existing

State or Tribal laws and regulations. We

must justify deviations from State or

Tribal regulations in the refuge fishing

plan or amendments to that plan. Refuge

managers should discuss refuge-specific

regulations with peer-level State or

Tribal administrators.

(2) Endangered species consultation.

Refuge managers will review all fishing

programs annually to determine if they

may affect, adversely or beneficially,

threatened or endangered species and

their habitats. The Refuge Manager will

initiate consultation, as appropriate,

under Section 7 of the Endangered

Species Act and intra-Service

consultation procedures, consistent

with the ‘‘Policy for Conserving Species

Listed or Proposed for Listing Under the

Endangered Species Act While

Providing and Enhancing Recreational

Fishing Opportunities,’’ and Section 305

(b)(1)(A) of the Magnuson-Stevens

Fishery Conservation and Management

Act (Pub. L. 94–265) regarding effects on

‘‘essential fish habitat.’’

(3) Public involvement. The

appropriate level of public involvement

must accompany new or significant

changes (e.g., boundary change, change

of species fished, bait restrictions) to

existing fishing programs. We plan

efforts well in advance of the proposed

changes in order to obtain as much

involvement from the public as

possible. A variety of methods are

available for the Refuge Manager to use

to involve and inform the public,

including public meetings, workshops,

news releases, and mailings to targeted

groups. We encourage refuge managers

to continue to use these and other

methods. We require an outreach plan

for new fishing programs or any

significant changes affecting existing

programs. We develop these plans in

coordination with Regional External

Affairs Offices for new fishing programs

or any major changes affecting existing

programs.

D. Documentation required to open a

refuge to fishing. The Refuge Manager

must submit the following documents to

the appropriate staff in the Regional

Office. This individual then forwards a

copy to the National Wildlife Refuge

System Headquarters for preparation of

a rulemaking document:

(1) Fishing plan. This plan should be

a step-down plan of the refuge’s CCP,

which must include a compatibility

determination on the fishing program. If

the unit has not yet completed a CCP,

the step-down fishing plan must contain

a compatibility determination(s) until

the CCP is completed. Cover fishing and

shellfish harvest in separate

compatibility determinations. The plan

must provide overall documentation of

the fishing allowed on a refuge,

including the relationship of fishing to

refuge purpose(s), goals, and objectives

of the refuge and the System mission.

We label a suggested format for a refuge

fishing plan as Exhibit 1 in this chapter.

(2) Appropriate NEPA documentation.

(3) Appropriate decision

documentation.

(4) Section 7 evaluation. (See Exhibit

2 for information on Section 7

evaluation.)

(5) Copies of letters requesting state,

and where appropriate, tribal

involvement and the results of the

request.

(6) Draft news release.

(7) Outreach plan. (We label a

Directorate-approved outline for an

Outreach Plan as Exhibit 3).

3.9 Who prepares and reviews a

refuge fishing plan? The Refuge

Manager, with technical assistance as

required from Service fisheries

biologists, State wildlife agencies, and,

where appropriate, Tribal governments,

is responsible for preparation of the

fishing plan. The Regional Director

approves the plan before the rulemaking

process begins. During the rulemaking

process, Headquarter’s staff reviews the

fishing plan and supporting documents.

The Refuge Manager will annually

review the fishing plan on the refuge

where we allow fishing.

3.10 What information do we need

for publication in the Federal Register?

The Refuge Manager will determine the

compatibility of conducting a fishing

program on the refuge and will

document the results in an approved

fishing plan. After the Refuge Manager

determines that the proposal is

compatible, he or she will submit

information about whether a refuge will

open for fishing and the conditions of

that fishing proposal to the Federal

Register Liaison at the Headquarters. We

will use this information to develop the

proposed and final refuge-specific

regulations for publication in the

Federal Register and for codification in

50 CFR.

3.11 What is the refuge-specific

regulation process? The refuge-specific

regulation process is outlined below:

A. The Headquarters must publish in

the Federal Register any proposed and

final refuge-specific regulations

pertaining to a refuge’s fishing program

and that are necessary to conduct that

program prior to them becoming

effective. Forward all refuge-specific

regulations and any changes to 50 CFR

part 32 through appropriate channels to

the Headquarter’s Federal Register

Liaison for clearance and submission to

the Federal Register. The refuge is open

Federal Register / Vol. 66, No. 10 / Tuesday, January 16, 2001 / Notices 3697

to fishing officially after the effective

date of the final rule. Fishing can begin

concurrently or after the opening of the

season under the published regulations.

B. Refuge managers must review these

regulations and the refuge fishing plan

annually to ensure compatibility and

consistency of the fishing program with

existing laws and regulations. Regional

Offices must submit any amendments

(additions, deletions, or modifications)

each year to their designated regional

hunting and fishing program

coordinators who, in turn, send that

information to the Headquarter’s

Federal Register Liaison for inclusion in

the rulemaking documents for

publication in the Federal Register. The

Headquarter’s Federal Register Liaison

must receive this information by

January 31 each year to allow sufficient

time for compilation and review by

concerned program offices and the

Solicitor, signature by the Assistant

Secretary, and the Departmental review

for both proposed and final rules. This

includes a 30-day public comment

period on the proposed rule. We cannot

publish a refuge opening without the

complete fishing package. If no

amendments are necessary, refuge

managers should submit a negative

response to that effect to the Regional

Office. Refuge-specific regulations

should be standard and consistent in

format throughout the System. We

include guidelines for preparing and

submitting regulations and amendments

in Exhibit 4.

3.12 How do we revise a fishing

plan? The Refuge Manager may approve

all revisions in fishing plans except

major revisions. Major revisions in

fishing plans (e.g., addition of new

bodies of water or new species available

for taking to a fishing program) can

occur only as an amendment to the

fishing plan unless the original plan

included specific conditions under

which the revision could occur.

Preparation and approval of

amendments follow the same guidelines

as preparation and approval of the plan.

Refuge managers will submit only the

revised portion of the plan for approval

to the Regional Office. The Regional

Director approves revisions only if we

have already listed the Refuge in 50 CFR

as open to fishing. Otherwise, the

Regional Office will submit the

amended fishing plan to Headquarters

to begin the rulemaking process

described in section 3.11.

3.13 What are the guidelines for

refuge fishing programs? We should

plan, manage, conduct, and evaluate

refuge fishing programs on a consistent

basis in ways that protect habitat, fish

and wildlife, ensure angler and visitor

safety, and promote positive values such

as high ethical standards and respect for

the resource. Fishing on refuges must

have the attributes of a quality fishing

program listed in section 3.6. The

following guidelines should help ensure

that quality opportunities are available.

A. Permits. We require anglers to have

all applicable Federal, Tribal, and State

licenses, permits, or stamps in their

possession. We can issue refuge permits

to limit access, regulate methods, or

gather information. If we use refuge

permits to limit angler numbers, we will

issue them on a random basis to the

public. Refuge managers should avoid

complicated application processes that

require additional resources.

Application processes should be flexible

to provide an opportunity to all

potential anglers. We should coordinate

with Tribal and State application and

lottery processes where practicable.

B. Fees. We can charge fees for

applications, refuge permits, and the use

of facilities (e.g., boat ramps) under

existing recreation fee programs. We use

fees collected to enhance visitor

facilities, to protect resources, and to

educate visitors. The Regional Fee

Coordinator can assist with the approval

of fees.

C. Zoning recreational use. We desire

a balanced fishing program that allows

a variety of angling opportunities and

contributes to the quality of a fishing

experience. We can use zoning of boat

types and motor horsepower to help

achieve a balance of allowed uses and

to reduce conflicts between anglers and

other users. We can also use zoning to

provide less competition for youth

fishing events, anglers with disabilities,

and those using non motorized boats

and/or methods that reduce fish

mortality, such as catch and release.

D. Law enforcement. Law

enforcement is an important part of any

fishing program. The effort invested

should be sufficient to protect human

safety, fish populations, and ensure

compliance with regulations based on

past experiences and current

circumstances.

E. Angler access and vehicle vessel

control. Refuge managers should

carefully plan, manage, and evaluate

angler access and vehicle/vessel control

to retain quality opportunities. We

should balance ‘‘walk-in’’ and remote

fishing opportunities with easily

accessible fishing opportunities. We can

make exceptions to general access

restrictions for anglers with disabilities

when necessary to facilitate their

experience and when compatible with

resource management objectives.

F. Camping. We may allow camping

on refuges when we have determined it

to be a secondary compatible use that is

necessary to support fishing

opportunities. Camping is only

appropriate when no reasonable (based

on time, distance, and expense) lodging

opportunities are available off-refuge

and when staff resources needed to

manage camping do not detract from the

quality of another priority wildlifedependent recreational use [refer to the

Appropriate Uses Chapter (603 FW1) for

information on non priority uses]. Large

refuges in the western United States,

refuges in Alaska, and some remote

refuges allow camping under these

criteria..

G. Fishing by service staff. Service

employees are subject to the same rules

and regulations as the general public. If

only limited fishing opportunities exist,

refuge managers should discuss with

Service employees the need to be

sensitive to the possibility of the public

perception of conflict of interest. We

never authorize Service employees to

wear uniform components outside of

their official capacity. When employees

participate in off-duty fishing

opportunities, they are not authorized

and, therefore, should never wear

uniform components (e.g., uniform ball

caps, uniform jeans). In addition,

personnel may not use means of access

to fish in areas that are not available to

the general public. This policy does not

apply to the collection of fish by refuge

staff for the purpose of monitoring

specific fish populations.

H. Communication materials.

Professionally developed outreach

materials will assist refuge managers by

providing clear and thorough

information to anglers. Brochures must

conform to the U.S. Fish and Wildlife

Graphics Standards and be consistent

with refuge-specific regulations. Contact

your Regional Publications Coordinator

for graphic standards. Refuge managers

do not need to include regulations and

dates that are identical to State seasons.

Include information that encourages

anglers to fish safely and ethically, and

use equipment that reduces injury to

released fish (such as barbless hooks). If

we develop informational signs, they

will conform with the Service’s Sign

Manual.

I. Tournament fishing. We prohibit

this type of fishing on System lands and

waters unless we make a specific

determination that the event builds

appreciation for and an understanding

of fish and wildlife resources, does not

reasonably interfere with other refuge

visitors, and if prizes of only nominal

value are awarded. Refer to the

Appropriate Uses Chapter (603 FW 1)

for additional discussions of

competitive events.

3698 Federal Register / Vol. 66, No. 10 / Tuesday, January 16, 2001 / Notices

J. Special fishing areas. Our policy is

to offer fishing opportunities to as broad

a spectrum of the general public as

possible. Generally, fishing programs

should consider any legal means of

fishing, as defined by the State and is

determined to be appropriate and

compatible and not inconsistent with

System policy.

K. Nonnative bait. We will allow no

live, nonnative bait (defined, with

respect to a particular ecosystem, any

species, including its seeds, eggs,

spores, or other biological material

capable of propagating that species) on

System waters where we have

jurisdiction. We will generally refer to

the individual State’s definition of

native on System waters.

L. Natural bait methods. Throw nets,

minnow traps, and other means/

methods of taking natural bait will be

done under State regulations unless we

list more restrictive regulations in the

refuge-specific regulations. We will

limit bait collection on refuges to the

recreational harvest of natural bait for

personal use only; we will allow no

commercial harvest of natural bait in

waters under the jurisdiction of the

System.

M. Limited harvest. We may offer

special opportunities to a limited

number of anglers in cases where there

is a relatively small area of water to fish

or we have a relatively low number of

fish that are available for harvest.

N. Youth fishing. We encourage

refuge managers to set aside areas or

times to promote fishing by children or

under represented groups. Experiencing

the thrill of the catch and exposure to

proper fishing methods through

programs such as ‘‘Pathways to Fishing’’

and National Fishing Week is important

to developing life skills and public

support for healthy ecosystems. Refuge

managers should take advantage of these

opportunities to educate young anglers

and their parents about the importance

of fisheries management, the need for

slot sizes, consumptive and non

consumptive fishing opportunities and

quality fishing experiences.

O. Barbless hooks. We encourage the

use of these devices in our fishing

program and recognize the importance

of this method in reducing mortality of

fish not intended for consumption (e.g.

fish outside of the slot size range). As

more anglers raise concern over the state

of America’s fisheries, refuge managers

should take the lead in introducing

methods that not only promote the

experience but educate the angler. By

promoting the use of barbless hooks in

our brochures and other information

sheets, we can, in some cases, avoid the

need for increasing seasonal closures.

P. Data collection. Refuge managers

should consult with the Service’s

Fisheries Program Specialist, States,

Tribes, and other appropriate entities

regarding data collection needs and

survey methods.

Q. Nontoxic tackle. Refuge managers

may restrict the use of specific types of

tackle (e.g., lead fishing weights) in

System waters to protect certain species

(e.g., loons).

R. Unattended tackle. The use of

trotlines, setlines, gillnets, giglines, jug

lines, soap lines, snaglines and other

unattended tackle, may be allowed if

authorized by State fishing regulations.

We prohibit the use of unattended

tackle by commercial operators on

System waters under our jurisdiction

except when used as a management

tool. We must strictly monitor the

unattended tackle program and

document the results. The only

exception to this policy is found in the

Alaska National Interest Lands

Conservation Act (ANILCA) under

subsistence uses. We do not consider

tip-ups used for ice fishing unattended

tackle for the purpose of this policy.

S. Ice fishing. We recognize ice

fishing as an appropriate fishing

opportunity. Refuge managers should

encourage this activity where it is

compatible and can be conducted in a

safe manner. We prohibit the use of

long-term structures or structures

suitable for overnight occupancy.

T. Night fishing. We allow night

fishing when it is appropriate and

compatible with the purpose(s) of the

refuge and the System’s mission. If a

refuge generally is not open after sunset,

refuge managers may make an exception

and permit night fishing. Refuge

managers must base the decision on

specific refuge objectives and not

historical use. Refer to the General

Guidance Chapter, 605 FW 1, for

additional information about after-hours

activities.

3.14 How do we close a refuge to

fishing? The Refuge Manager may close

all or any part of a refuge that we have

opened to fishing whenever necessary to

protect the resources of the area or in

the event of an emergency endangering

life, property, or any population of fish,

wildlife, or plants.

A. Emergency closure. We do not

require advance public notice for

closure under emergency conditions.

We notify the public of such closures by

signs, special maps, or other appropriate

methods.

B. Non-emergency closure. We

evaluate non-emergency closure of a

refuge fishing program for impacts on

wildlife populations, ecosystems, and

priority recreation uses. If the impacts

are likely to be major or controversial,

we prepare an environmental

assessment and follow the public

participation process identified in the

National Environmental Policy Act

(NEPA). In Alaska, we do not

implement temporary closures (not

exceeding 12 months) or restrictions

relating to the taking of wildlife prior to

the notice and hearing that we will

conduct an emergency closure in the

vicinity of the affected area(s).

Exhibit 1—Refuge Fishing Plan Format

I. Introduction

Include a general description of the refuge

and information pertinent to the planned

fishing program. If refuge managers develop

this fishing plan as a portion of an integrated

public use plan, we do not require this

information. Include non repetitive general

information in the Comprehensive

Conservation Plan.

II. Conformance with Statutory Authorities

Explain how the program will be

compatible with the System mission and the

purpose(s) for which the refuge was

established. Include projections of the

resources (staff and funding) needed to

conduct the program and their sources.

Include an explanation of how the program

will address the requirements of applicable

authorities.

III. Statement of Objectives

List the major refuge objectives and the

specific objectives of the fishing program.

Describe how fishing will impact the refuge

objectives.

IV. Assessment

Evaluate the fishing resources on the refuge

populations and habitat. Points to be

discussed include, but are not limited to, the

following:

a. A biological evaluation.

b. Will populations sustain fishing and still

support other wildlife-dependent priority

uses?

c. Do fished species and other wildlife

compete for habitat?

d. Do fished species prey on other species

at unacceptable levels?

V. Description

Describe the program in detail using

graphics as needed. The description should

include:

a. Areas of the refuge that support fished

species.

b. Areas of the refuge you intend to open

to fishing.

c. Species for which you will allow fishing

and fishing periods.

d. Justification of permit system, if

required.

e. Consideration of user fees.

f. Consultation and coordination

procedures with States and Tribes, including

justification of refuge-specific regulations.

g. Methods of control and enforcement.

h. Consideration of providing

opportunities for anglers with disabilities

and youth anglers.

Federal Register / Vol. 66, No. 10 / Tuesday, January 16, 2001 / Notices 3699

VI. Measures Taken to Avoid Conflicts With

Other Management Objectives

a. Biological conflicts. Include Section 7

consultation, and other measures proposed to

minimize or eliminate conflicts with

endangered species or nontarget species.

b. Social Conflicts. Include proposed

measures that minimize or eliminate

conflicts with other user groups.

VII. Program Specifics

a. Refuge-specific regulations.

b. Outreach plan.

c. Angler application and registration

procedures (if needed).

d. Description of angler selection process

(if needed).

e. Draft news release regarding the fishing

program.

f. Angler requirements.

(1) Age of angler.

(2) Allowable equipment.

(3) Licensing and permits.

(4) Reporting requirements.

(5) Angler training and safety.

(6) Other information (use of boats, motors,

etc.).

VIII. Compatibility Determination

IX. Appropriate NEPA Documents

X. Evaluation

a. Monitoring and reporting use levels and

trends.

b. Surveying needs of the fishing visitor.

c. Are we meeting program objectives?

d. Do we need to resolve any conflicts?

e. Refuge/Regional Office review schedule.

Exhibit 2—Priority Wildlife-Dependent

Recreation (Fishing)

Use the following terminology for your

section 7 determination as to whether the

opening of your refuge to hunting and/or

fishing will affect the continued existence of

any endangered or threatened species or

result in the destruction or adverse

modification of habitat of such species

within the System.

Types of Effects

1. No effect: The appropriate conclusion

when the Service determines that a proposed

Service action will not affect a listed species

or designated critical habitat.

2. Is not likely to adversely affect: The

appropriate conclusion when effects on listed

species are expected to be discountable,

insignificant, or completely beneficial.

Beneficial effects are contemporaneous

positive effects without any adverse effects to

the species. Insignificant effects relate to the

size of the impact and should never reach the

scale where take occurs. Discountable effects

are those extremely unlikely to occur. Based

on best judgment, a person would not (1) be

able to meaningfully measure, detect, or

evaluate insignificant effects; or (2) expect

discountable effects to occur.

3. Is likely to adversely affect: The

appropriate finding in a biological

assessment (or conclusion during

information consultation) if any adverse

effect to listed species may occur as a direct

or indirect result of the proposed Service

action or its interrelated or interdependent

actions, and the effect is not: discountable,

insignificant, or beneficial (see definition of

‘‘is not likely to adversely affect’’). In the

event the overall effect of the proposed

Service action is beneficial to the listed

species but is also likely to cause some

adverse effects, then the proposed Service

action ‘‘is likely to adversely affect’’ the

listed species. If incidental take is anticipated

to occur as a result of the proposed action,

an ‘‘is likely to adversely affect’’

determination should be made. Such a

determination requires the initiation of

formal intra-Service section 7 consultation

(see definition of ‘‘informal intra-Service

consultation’’).

4. May affect: The appropriate conclusion

when a proposed action may pose any effects

on listed species or designated critical

habitat. When the Federal agency (in this

case the Service) proposing the action

determines that a ‘‘may affect’’ situation

exists, then the Service must initiate formal

consultation or seek written concurrence

from the involved Service programs that the

action ‘‘is not likely to adversely affect’’

listed species.

5. Is likely to jeopardize proposed or

candidate species/adversely modify proposed

critical habitat: The appropriate conclusion

when the Service identifies situations where

the proposed Service action is likely to

jeopardize the continued existence of a

species proposed for listing or a candidate

species, or adversely modify an area

proposed for designation as critical habitat. If

this conclusion is reached, intra-Service

consultation is required.

Types of Consultation

1. Formal intra-service consultation: A

process between a Service program taking/

authorizing an action and another Service

program affected by that action that: (1)

determines whether a proposed Service

action is likely to jeopardize the continued

existence of listed species or destroy or

adversely modify designated critical habitat;

(2) begins with the Service program taking

the action providing a written request and

submittal of a complete initiation package to

the affected Service program; and (3)

concludes with the issuance of a biological

opinion and incidental take statement by the

affected Service program. If a proposed

Service action may affect a listed species or

designated critical habitat, formal intraService consultation is required (except

when the involved Service programs concur,

in writing, that a proposed action ‘‘is not

likely to adversely affect’’ listed species or

designated critical habitat). [50 CFR 402.02;

50 CFR 402.14]

2. Informal intra-service consultation: An

optional process that includes all discussions

and correspondence between Service

programs, prior to formal intra-Service

consultation, to determine whether a

proposed Service action may affect listed

species or critical habitat. This process

allows the Service to utilize its in-house

expertise to evaluate a Service program’s

assessment of potential effects or to suggest

possible modifications to the proposed action

that could avoid potentially adverse effects.

If a proposed Service action may affect listed

species or designated critical habitat, formal

intra-Service consultation is required (except

when the involved Service programs concur,

in writing, that a proposed action ‘‘is not

likely to adversely affect’’ listed species or

designated critical habitat). [50 CFR 402.02;

50 CFR 402.13]

Exhibit 3—Outreach Plan Summary

I. Issue: (State the issue in one or two

sentences.)

II. Basic Facts About the Issue:

III. Communication Goals:

IV. Message:

V. Interested Parties:

VI. Key Date:

VII. Strategy:

Exhibit 4—Guidelines for Preparation

of Refuge-Specific Fishing Regulations

Fishing regulations on national wildlife

refuges accomplish three major purpose(s):

They protect the resource, manage it, and

ensure safety. State fishing regulations

generally provide the framework for meeting

these three criteria. When State regulations

fall short of meeting these criteria, refugespecific regulations are necessary. These

regulations should focus primarily on

management of the wildlife (fisheries)

resource and should be enforceable. For

example, if we require permits on a specific

refuge, a statement that we require special

refuge permits is all that is necessary. Details

are not appropriate in the regulations.

Address details in a leaflet or the permit

application. Also, do not submit text for your

refuge unless it represents a CHANGE to the

existing language in part 32. If you are adding

conditions to those already published, state

that these are ‘‘adds’’ and indicate where you

want them inserted in the text.

Duplication of existing 50 CFR provisions.

When writing your regulations, check 50 CFR

to avoid duplication. For example, in Part 27,

Prohibited Acts, Section 27.31 restricts motor

vehicles to ‘‘designated routes of travel.

* * * delineated on maps by the Refuge

Manager;’’ Section 32.2(j) adequately covers

possession of alcohol; and Section 27.95

prohibits setting fires.

Duplication of State regulations. 50 CFR

32.2 states ‘‘(d) Each person shall comply

with applicable provisions of the laws and

regulations of the State wherein any area is

located unless further restricted by Federal

law or regulation.’’ Therefore, do not repeat

State creel limits, seasons, etc., in the refugespecific regulations. Refuge managers will

justify why refuge-specific regulations

deviate from State laws and regulations in a

cover memo to the appropriate regional office

representative.

Preparation of refuge-specific regulations.

List tackle limits, creel limits, seasons, and

hours that differ from the State’s in the

refuge-specific regulations. Please use the

following examples for your submission for

changes or additions to part 32:

For modifications to existing text in part

32:

Section 32.32 Illinois.

Chautauqua National Wildlife Refuge

D. Sport Fishing.

3700 Federal Register / Vol. 66, No. 10 / Tuesday, January 16, 2001 / Notices

Replace condition D.1. with the following:

You may fish on Lake Chautauqua from

January 15 through October 15. You may not

fish in the Waterfowl Hunting Area during

waterfowl hunting season.

Delete condition D.2.

Renumber conditions D.3., D.4., and D.5.,

to become D.2., D.3., and D.4., respectively.

To add a refuge that is opening for fishing

for the first time:

Section 32.63 Texas

Lower Rio Grande Valley National Wildlife

Refuge

D. Sport Fishing. We allow sport fishing on

designated areas of the refuge subject to the

following conditions:

1. We only allow fishing at the three

designated access sites on the Boca Chica

Tract.

2. You must adhere to all applicable State

fishing regulations.

Draft Wildlife Observation Policy

Fish and Wildlife Service

Priority Wildlife-Dependent Recreation

Part 605 Fish and Wildlife Service Manual

Chapter 4 Wildlife Observation 605 FW 4.1

4.1 What is the purpose of this

chapter? This chapter provides the Fish

and Wildlife Service’s (Service) policy

governing the management of

recreational wildlife observation on

units of the National Wildlife Refuge

System (System).

4.2 What programs does this chapter

apply to? The policies contained in this

chapter apply to recreational wildlife

observation within the System.

4.3 What is our policy regarding

wildlife observation on refuge lands?

The overarching goal of our priority

public use policies is to enhance

opportunities and access to high quality

visitor experiences on national wildlife

refuges while not compromising

wildlife conservation. Wildlife

observation is a legitimate and

appropriate public use of the System,

and along with the five other priority

public uses in the Refuge Improvement

Act, will receive enhanced

consideration over other uses. This

means we will especially invest our

resources in providing high quality

wildlife observation experiences for

refuge visitors. When determined to be

compatible, refuge managers are

strongly encouraged to provide to the

public wildlife observation

opportunities. Our wildlife observation

programs will promote understanding

and appreciation of natural and cultural

resources and their management on all

lands included in the System. We

encourage refuge staff to coordinate

refuge wildlife observation programs

with applicable local, State, and Federal

programs. We also encourage refuge

staff to take advantage of opportunities

to work with other partners who have

an interest in helping us promote high

quality wildlife-dependent recreational

programs on refuges.

4.4 What are the objectives of our

wildlife observation program? The

objectives of the System wildlife

observation program are to promote

public understanding of and increase

public appreciation for America’s

natural resources and the System by

providing safe, enjoyable, attractive and

accessible wildlife viewing

opportunities and facilities.

4.5 What authorities allow us to

support wildlife observation activities

on National Wildlife Refuge System

lands? Reference 605 FW 1 for laws that

govern wildlife observation on System

lands.

4.6 What are the elements that

constitute quality wildlife observation

opportunities? Essential elements of a

quality wildlife observation experience

include the following:

A. Observations occur in a primitive

setting or use safe facilities and provide

an opportunity to view wildlife and its

habitat in a natural environment;

B. Observation facilities or programs

maximize opportunities to view the

spectrum of wildlife species and

habitats of the refuge.

C. Observation opportunities, in

conjunction with interpretive and

educational opportunities, promote

public understanding of and increase

public appreciation for America’s

natural resources and the role of the

System in managing and protecting

these resources;

D. Viewing opportunities are tied to

interpretive and educational messages

related to stewardship and key resource

issues;

E. Most facilities blend with the

natural setting, station architectural

style, and provide viewing

opportunities for all visitors, including

persons with disabilities;

F. Design of observation facilities

minimize disturbance to wildlife while

facilitating the visitor’s views of the

spectrum of species found on the refuge;

G. Observers understand and follow

procedures that encourage the highest

standards of ethical behavior;

H. Viewing opportunities exist for a

broad spectrum of the public; and

I. Observers have minimal conflict

with other priority wildlife-dependent

recreational uses or refuge operations.

4.7 How do we address the quality of

our wildlife observation programs when

funding is an issue? Limited funding

and staff may affect the quality of the

wildlife observation experience that a

refuge is able to offer the public. Refuge

managers must scrutinize the impacts

that lack of resources will have on the

ability to provide quality wildlife

observation opportunities to the public.

It is appropriate to concentrate

resources on fewer, high quality

opportunities or seek partnerships to

provide opportunities rather than offer

many wildlife viewing opportunities

that lack quality. When a refuge accepts

funding to improve wildlife observation

opportunities from partnership

organizations, the Refuge Manager must

ensure that the opportunity is provided

in the most appropriate location.

4.8 How do we foster public

stewardship in our wildlife observation

programs? Refuge managers provide

opportunities for the public to observe

wildlife in order to instill in them an

appreciation for the value of and need

for fish and wildlife habitat

conservation. Refuges provide enhanced

opportunities to view wildlife in their

natural habitat by identifying viewing

areas, providing platforms, viewing

equipment, providing brochures and

interpreters, and designing tour routes.

Refuge managers should seek to develop

partnerships with organizations that

promote wildlife observation and take

steps toward conserving such resources.

We encourage Refuge managers to

design local ‘‘hands-on’’ activities that

inspire participants to become involved

in habitat restoration and other outreach

programs. These opportunities foster a

sense of stewardship for the System,

wildlife, and habitat resources through

direct association.

4.9 Is there a special need to provide

safety and accessibility within our

wildlife observation programs? Key

issues for providing a quality wildlife

observation program include

accessibility and public safety. They are

two of our highest priorities when

evaluating our programs.

A. The Refuge Manager will ensure

wildlife observation opportunities are

accessible to a broad spectrum of

visitors. Refuge managers must locate

and design wildlife observation

facilities to meet the needs of visitors

with different abilities. The wildlife

observation program fulfills

accessibility standards and

requirements by adhering to the

Architectural Barriers Act of 1968 (42

U.S.C. 51, Sec. 4151), the 1984 Uniform

Federal Accessibility Standards (UFAS),

and the Americans with Disabilities Act

of 1990 (42 U.S.C. 126). These acts

specify physical accessibility in all

construction and renovation projects

funded wholly or in part by the Federal

government. Also, the Rehabilitation

Act Amendments of 1998, (29 U.S.C.

Federal Register / Vol. 66, No. 10 / Tuesday, January 16, 2001 / Notices 3701

791 et seq.), require accessibility for all

programs receiving Federal funds.

B. Visitor safety at refuges is a high

priority. The Refuge Manager will

construct pullouts and overlooks to

reduce vehicular hazards. The Refuge

Manager will provide visitors

information regarding specific hazards

and animal behavior if there is a

concern about visitor safety. We may

also use environmental education and

interpretive programs to alert visitors

about safety issues.

4.10 How should we address visitor

conflicts? Wildlife observation

opportunities must be compatible with

the purpose(s) of the refuge and the

System mission. Increased visitation to

refuges, in many cases, will cause user

conflicts and may create unavoidable

wildlife disturbances. The Refuge

Manager may impose use limits or

establish zones of use to reduce

conflicts. The Refuge Manager

determines which uses to allow when

conflicts exist between priority

recreation uses.

4.11 What are some examples of tools

we can use to support our wildlife

observation program? The following are

examples of tools that we can use to

support wildlife observation. The

Refuge Manager should consider these

as guidelines and continually use

creativity and ingenuity when providing

opportunities that highlight the

uniqueness of a particular refuge.

A. Information. Information

distribution is an invaluable

management tool as well as a means to

promote wildlife observation

opportunities. Information, distributed

through various media, should

communicate what wildlife observation

opportunities are available, best viewing

times, techniques that emphasize

respect for wildlife through the

minimization of visitor impacts on

wildlife, access point information,

viewer etiquette, regulations,

restrictions, management concerns, and

management objectives. Examples of

ways to provide information include

bird/plant/mammal check lists,

brochures, maps, books, watchable

wildlife recreation symbols to help

identify wildlife viewing opportunities,

wildlife viewing guides, movies, slide

shows, talks, guided walks, staffed

information desks, roving interpreters,

formal environmental education classes,

teacher workshops, and interpretive

exhibits. Distributing information is a

way to direct public use to appropriate

areas, provide managers with the

opportunity to present the refuge,

System, and Service messages to

visitors, and foster public appreciation

and stewardship.

B. Developed observation sites.

Developing specific areas for visitors to

view wildlife enhances wildlife

observation and limits disturbances of

wildlife and habitat. During the

planning process, Refuge managers must

consider constructing viewing areas at

sites that are less sensitive to the

impacts of visitors. Refuge managers

may consider hardening sites (e.g.,

adding gravel, asphalt, wood chips, etc.)

as a method of reducing impacts.

Developed observation sites provide a

centralized area for visitors to receive

information and education needed to

produce a safe, high quality experience.

Examples of such developments include

trails, boardwalks in wet areas,

observation platforms, blinds, vehicle

pullouts, information kiosks,

identification signs, and automobile

tour routes. When modifications to

facilities to increase accessibility for

people with disabilities will

deleteriously impact the setting’s

appearance, environmental features or

historic character, we will make efforts

to permit people with disabilities

alternative access to the activity.

C. Specialized tools. In cases where

direct wildlife viewing would be

detrimental to sensitive species or

habitats, Refuge managers may develop

methods that provide remote viewing

opportunities. Spotting scopes provide

viewing opportunities from a distance.

Remote cameras allow for viewing

during especially sensitive periods such

as nesting. Pictures from remote

cameras link with the System’s

electronic field trip programs and longdistance environmental learning

projects. Videos shown in the visitor

center highlight wildlife and the

purpose of the refuge. The videos aid

those who visit the refuge outside of the

optimum viewing season. Photographs

incorporated into interpretive signs

show visitors wildlife and habitats they

may encounter. We should consider

specialized tools as supplements to and

not replacements for direct viewing

opportunities. Consider using these

tools to provide opportunities that

might otherwise be unavailable.

D. Habitat enhancements. There may

be situations where it is not feasible for

viewers to get to an area for viewing

because of cost, remoteness,

accessibility problems, safety concerns

or sensitivity to disturbance. In such

cases, simple enhancement techniques

in suitable and more accessible

locations may be a solution. Examples

of these techniques include creating a

pond or wetland environment or

creating bird habitat by planting cover

vegetation in places where wildlife

viewing is more accessible. Refuge

managers must adhere to appropriate

National Environmental Policy Act

procedures before artificially creating

habitat. Refuge managers must weigh

both the benefits of enhancements to

wildlife viewing against the change or

elimination of the existing habitat and

the potential harm the enhancement

activity may have on wildlife.

E. Partners. Partnerships with other

Federal and State agencies, Tribes,

organizations, industry, local

communities and others produce

significant contributions to our wildlife

observation programs. Refuge managers

should contact potential cooperators

and demonstrate the advantages

associated with being a refuge

supporter. Partnerships can develop

through the sharing of expertise,

personnel, materials, or money, and

includes the ‘‘sharing’’ of wildlife and

habitat. Wildlife does not observe

property lines or agency boundaries.

Sharing viewing areas may reduce

human pressure from one spot or

eliminate uses from sensitive spots by

providing them off-site on shared areas.

Partnering is an excellent way of

fostering a sense of ownership and

stewardship of natural resources among

a variety of groups.

F. Evaluations. Refuge managers must

monitor and evaluate their wildlife

observation programs regularly. Refuge

managers should evaluate both the

quality of the resource experience and

the effects of the activity on refuge

resources. A wide variety of evaluation

tools exist, from simply asking visitors

how they rate their viewing experience

to contracting with a university or

private company to conduct a formal

survey. If a Refuge Manager decides to

use a survey to evaluate the visitor’s

wildlife experience, he or she must

receive approval from the Office of

Management and Budget (OMB) before

conducting any public surveys (use of

an existing Fish and Wildlife Service

OMB-approved customer service

evaluation card does not require

additional OMB approval). We should

have the refuge wildlife observation

program reviewed by others to

determine the quality of the program, if

the program is meeting the specific

objectives, and if it is meeting the needs

of visitors.

4.12 Can we close a refuge to wildlife

observation? The Refuge Manager may

close all or any part of a refuge that is

open to the public whenever it is

necessary to protect resources of the

area, to prevent potential emergency

situations, or in the event of an actual

emergency endangering life or property

(i.e., severe weather conditions). These

closures do not require advance public

3702 Federal Register / Vol. 66, No. 10 / Tuesday, January 16, 2001 / Notices

notice to be implemented. We notify the

public of such closures by signs, special

maps, or other appropriate methods.

When considering possible long-term

closures, Refuge managers must follow

procedures for public involvement as

identified in the National

Environmental Policy Act (NEPA).

Draft Wildlife Photography Policy

Fish and Wildlife Service

Priority Wildlife-Dependent Recreation

Part 605 Fish and Wildlife Service Manual

Chapter 5 Wildlife Photography 605 FW

5.1

5.1 What is the purpose of this

chapter? This chapter provides Service

policy governing the management of

recreational wildlife photography on

units of the National Wildlife Refuge

System.

5.2 What programs does this chapter

apply to? The policies contained in this

chapter apply to recreational wildlife

photography within the System.

Reference the guide chapter (604 FW 7)

for policies and procedures related to

activities such as professional guide

services. Reference the Audio Visual

Productions chapter (604 FW 10) for

policies and procedures related to

activities associated with commercial

filming and news photography.

5.3 What is our policy regarding

wildlife photography on refuge lands?

The overarching goal of our priority

public use policies is to enhance

opportunities and access to high quality

visitor experiences on national wildlife

refuges while not compromising

wildlife conservation. Wildlife

photography is a legitimate and

appropriate public use of the System,

and along with the five other priority

public uses in the Refuge Improvement

Act, will receive enhanced

consideration over other uses. This

means we will especially invest our

resources in providing high quality

wildlife photography experiences for

refuge visitors. When determined to be

compatible, refuge managers are

strongly encouraged to provide to the

public wildlife photography

opportunities. Our wildlife photography

programs will promote understanding

and appreciation of natural and cultural

resources and their management on all

lands included in the System. We

encourage refuge staff to coordinate

refuge wildlife photography programs

with applicable local, State, and Federal

programs. We also encourage refuge

staff to take advantage of opportunities

to work with other partners who have

an interest in helping us promote high

quality wildlife-dependent recreational

programs on refuges.

5.4 What are the objectives of our

wildlife photography program? The

objectives of the System wildlife

photography program are to promote

public understanding and increase

public appreciation for America’s

natural resources by providing safe,

attractive and accessible wildlife

photography opportunities and

facilities.

5.5 What authorities allow us to

support wildlife photography

opportunities on National Wildlife

Refuge System lands? Reference 605 FW

1 for laws that govern wildlife

photography on System lands.

5.6 Have we defined common

photographic terms? Yes. The following

are definitions of terms used in

reference to wildlife photography.

A. Film. Film is still photographs,

motion pictures, and videotapes in

digital and analog formats.

B. Recreational photography.

Recreational photography is any type of

visual recording on film performed by

amateur owner/operators of

photographic equipment. Casual

photography is considered recreational

photography and follows this policy

(e.g., visitors taking photographs for

their own use, non-commercial

recreational photo contests).

C. News photography. News

photography includes audio-visual

productions for news and public affairs,

stills, motion-pictures, video, records

and audio tapes, such as those produced

for television, newspapers, and

magazines. News photography on

System lands is for the benefit of the

general public. Examples of news events

are emergencies, special events, or

appearances by public figures or other

unusual, non-recurring natural

phenomenon. News photography will

not require a permit but some

restrictions may be placed on the

activity by the Refuge Manager to

protect the resource and/or the

individuals associated with the media.

Refer to the audio-visual chapter for

additional information on this subject

(604 FW 10).

D. Commercial photography.

Commercial photography is visual

recordings by firms or individuals (other

than news media representatives) who

intend to distribute their photographic

content for money or other

consideration. We include the creation

of educational, entertainment, or

commercial enterprises in this category.

We also include advertising audiovisuals for the purpose of paid product

or services, publicity and commerciallyoriented photo contests under this

section. We cover commercial

photography permit requirements under

the audio-visual chapter of this manual

(604 FW 10).

5.7 Have we defined a quality wildlife

photography opportunity? Yes. The

following are essential elements of a

quality photographic opportunity and

facility.

A. Photographic opportunities occur

in or use safe facilities;

B. Photographic opportunities

promote public understanding and

increases public appreciation of

America’s natural resources and our role

in managing and protecting these

resources;

C. Photographic opportunities occur

in places that have the least amount of

disturbance to wildlife;

D. Photographers understand and

follow procedures that encourage the

highest standards of ethical behavior;

E. Opportunities are available to a

broad spectrum of the photographing

public;

F. Facilities, if provided, are fully

accessible, reflect positively on us and

blend with the natural setting;

G. Photographic opportunities

incorporate a message of stewardship

and conservation;

H. Photographic opportunities create

minimal conflicts with other priority

wildlife-dependent recreational uses or

refuge operations.

5.8 How do we address the quality of

our wildlife photography programs

when funding is an issue? Limited

funding and staff may affect the quality

of the experience. Managers must

scrutinize the impacts of lack of

resources on quality. It is appropriate to

concentrate resources on fewer, high

quality opportunities or seek

partnerships to provide opportunities

rather than offer photographic

experiences that are lower in quality.

5.9 How do we address public

stewardship in our wildlife photography

programs? We provide opportunities to

the public in order to develop an

appreciation for the value of, and need

for, fish, plant and wildlife

conservation. These opportunities

should also foster a sense of

stewardship for the System and its

wildlife and habitat resources through

direct association.

5.10 Is there a special need to provide

safety and accessibility within our

wildlife photography programs? Not

only are public safety and accessibility

key to a quality wildlife photography

program, they must be two of our

highest priorities when evaluating our

programs. We construct pullouts and

overlooks to reduce vehicular hazards to

photographers. We give our visitors

Federal Register / Vol. 66, No. 10 / Tuesday, January 16, 2001 / Notices 3703

information regarding specific hazards

and animal behavior if we have a

concern about visitor safety.

Environmental education and

interpretive programs may also be used

to bring safety concerns to the attention

of photographers. We will make every

effort to ensure wildlife photographic

opportunities are accessible to a broad

spectrum of visitors.

5.11 How should we address user

conflicts? Wildlife photography

opportunities must be compatible with

the purpose of the refuge and the

System mission. Increased visitation to

refuges will cause user conflicts and

may create unavoidable wildlife

disturbances. Refuge managers may

impose use limits or establish zones of

use to reduce conflicts. As an example,

casual wildlife observers may disturb

photographers at a specific site that

provides the best opportunity on the

refuge to observe bald eagles. The

Refuge Manager may work out a

partnership with the State to provide a

roadside viewing point just off the

refuge along the highway for general

observation. The Refuge Manager may

then decide to limit the area within the

refuge to photographers or those

wanting to use photography blinds.

5.12 Can we close a refuge to

photography? As long as a refuge is

open to the public, we cannot close it

specifically to photography. The Refuge

Manager may close all or any part of a

refuge that is open to the public

whenever it is necessary to protect

resources of the area or in the event of

an emergency endangering life or

property (i.e., severe weather

conditions). We do not require advance

public notice for closure under

emergency conditions. The public is

notified of such closures by signs,

special maps, or other appropriate

methods. When considering possible

long term closures, refuge managers

must follow procedures for public

involvement as identified in the

National Environmental Policy Act

(NEPA).

Draft Environmental Education Policy

Fish and Wildlife Service

Priority Wildlife-Dependent Recreation

Part 605 Fish and Wildlife Service Manual

Chapter 6 Environmental Education 605

FW 6

6.1 What is the purpose of this

chapter? This chapter identifies Service

policy and guidance governing

environmental education (EE) as a

priority wildlife-dependent use of the

National Wildlife Refuge System.

6.2 What is the scope of this chapter?

This chapter applies to Refuge System

environmental education programs and

services. Along with this policy

guidance, we will use other documents

including but not limited to Connecting

People to Wildlife, Environmental

Education in the National Wildlife

Refuge System, an environmental

education guidance document for the

Refuge System (Appendix 1).

6.3 What is our policy for

environmental education? The

overarching goal of our priority public

use policies is to enhance opportunities

and access to high quality visitor

experiences on national wildlife refuges

while not compromising wildlife

conservation. Environmental education

is a legitimate and appropriate public

use of the System, and along with the

five other priority public uses in the

Refuge Improvement Act, will receive

enhanced consideration over other uses.

This means we will especially invest

our resources in providing high quality

environmental education experiences

for refuge visitors. When determined to

be compatible, refuge managers are

strongly encouraged to provide to the

public environmental education

opportunities. Our environmental

education programs will promote

understanding and appreciation of

natural and cultural resources and their

management on all lands included in

the System. We will work with local

schools, citizen groups, and other

organizations to provide programs and

assistance that promote awareness,

appreciation, and understanding of the

role the System plays in the

conservation of fish, wildlife, plants,

and cultural and historical resources.

We encourage refuge managers to

coordinate refuge environmental

education programs with applicable

local, State and Federal programs. We

also encourage refuge staff to take

advantage of opportunities to work with

other partners who have an interest in

helping us promote high quality

wildlife-dependent recreational

programs on refuges.

6.4 What are our objectives for

environmental education programs on

refuges? Our environmental education

programs:

A. Will provide appropriate materials,

equipment, facilities, and study

locations to support environmental

education, where compatible;

B. Will allow program participants to

demonstrate learning through refugespecific stewardship tasks as well as

projects that they can carry over into

their everyday lives;

C. Will establish partnerships to

support environmental education on

refuges open to the public;

D. Will incorporate local, State, and

national educational standards in our

programs with an emphasis on wildlife

conservation;

E. Will assist refuge staff and

volunteers to attain the knowledge,

skills, and abilities to support

environmental education at the

minimum or higher levels as defined in

Section 6.7C(1) below;

F. Will teach awareness,

understanding and appreciation of our

trust resources: and

G. Will serve as a means by which

refuge employees are seen as role

models for environmental stewardship

through a continually developing

positive relationship with the

community.

6.5 What is our legislative authority

for environmental education? Reference

605 FW 1 for laws that govern

environmental education on Refuge

System lands.

6.6 What are some of the terms we use

in this chapter? The following are

definitions of terms used in this chapter.

A. Environmental education (EE).

Activities that use a planned process to

build knowledge, skills and abilities in

students and others, about wildliferelated environmental topics. EE often

follows sequential learning strategies to

promote specific learning outcomes.

B. Educational assistance. Either onor off-site, making EE expertise from

Service staff available to schools and

teachers, Service entities, government

agencies, private groups, and

individuals.

C. Outdoor classrooms. Sites of

structured EE activities that:

(1) Focus on the natural environment;

(2) Come from an approved course of

study with identified learner outcomes;

and

(3) Are hands on, involving Refuge

System lands.

6.7 How will we develop and

implement this chapter? In this chapter

we present guidance for planning,

implementing, and evaluating EE

programs within the Refuge System.

Connecting People to Wildlife, the EE

guidance document for the Refuge

System, curriculum guides, and other

documents created for regions or at

refuges contain additional guidance.

A. Program support. The Office of the

Chief, National Wildlife Refuge System,

is responsible for overall guidance,

implementation, and management of EE

within the Refuge System. Regional

Directors designate EE coordinators to

assist refuges with education programs

and products. The National

3704 Federal Register / Vol. 66, No. 10 / Tuesday, January 16, 2001 / Notices

Conservation Training Center (NCTC)

offers several EE training courses and

model programs as well as program

support for our EE programs. Refuge

managers plan, develop, and implement

EE programs that increase public

knowledge, understanding and support

for refuge resources.

B. Program planning. Each field

station designs its EE objectives and

strategies when they develop their

Comprehensive Conservation Plan

(CCP) or step-down visitor services

plan. Managers and staff analyze their

EE program potential and determine

their educational objectives and develop

an interim program if they are not

scheduled to develop a CCP within 2

years. In either of these planning

processes, refuge staff :

(1) Determine if current or proposed

educational sites, programs, and

activities are compatible with the

Refuge System mission, the purpose(s)

of the refuge, and the goals and

objectives established for the refuge;

(2) Identify staffing, funding, and

other requirements for an EE program,

enhancing our EE offerings by working

with volunteers and through

partnerships with educators;

(3) Identify ecosystem characteristics,

endangered species, cultural resources,

wilderness, and fish, wildlife, plants,

cultural and historical resources that are

key resource issues for each field

station. Working with educators, we use

this assessment to identify target

audiences and look for creative ways to

tie resource priorities to local

educational needs and curricula;

(4) Collect and consistently update

data identifying teachers, community

resources, transportation constraints,

and history of use by educational

groups;

(5) Identify current or potential

outdoor classroom facilities; and

(6) Identify educational needs and

educational outreach opportunities for

our staff, volunteers and partners,

particularly activities involving

nontraditional audiences.

C. Program development and

priorities. Field stations establish

educational program priorities based on

their objectives and mandates, as well as

local, State and national priorities. As

part of our planning we evaluate

educational programs and offer differing

levels of EE based in part on the number

of staff with public use duties as well as

other available resources. Other factors

that determine our level of involvement

include demand for educational

programs, the number of schools near a

refuge, and their willingness to

participate. We can place our

environmental education programs in

one of four levels of service. Each field

station will use components of one, or

a combination of these levels, to design

their educational programs to meet local

needs, and where possible will strive to

include components from the next

higher level.

(1) Refuges that have staffs of less

than 5 FTEs, and do not have any

positions solely dedicated to public use

activities. At the minimum level, field

station EE programs include:

(a) Creating or providing a lending

library of materials and resources for

teachers and other educators;

(b) Designating a trained staff contact

person for EE;

(c) Designating a study site and

providing stewardship opportunities;

(d) Helping local educators identify

refuge resources and develop programs;

(e) Forming partnerships or recruiting

and training volunteers including senior

citizens and/or people with disabilities

to conduct EE activities.

(2) Refuges that have staffs of

approximately 5–9 FTEs, do not have

any positions solely dedicated to public

use, and have a Refuge Manager

position at the GS 11–12 level. At the

standard level, we encourage field

stations to:

(a) Conduct and/or host teacher

training workshops;

(b) Provide educators with refugespecific curriculum, activities and

lesson plans;

(c) Develop accessible outdoor

classrooms;

(d) Establish formal partnerships with

school districts and/or community

groups to assist with development and

implementation of refuge EE

programming;

(e) Recruit and train volunteers to

assist in developing and presenting EE

programming;

(f) Conduct regular EE program

evaluation;

(g) Provide opportunities to contribute

to refuge management goals through

learning and stewardship activities;

(h) Establish a lending library of

educational materials, including but not

limited to book, trunk, and multimedia

resources;

(i) Conduct some on-site and

occasional off-site EE programming; and

(j) Employ key staff who have

acquired the skills to develop and

conduct EE activities.

(3) Refuges that have staffs of

approximately 10–14 FTEs with 1

position solely dedicated to public use,

and have a Refuge Manager at the GS

12–13 level. At the enhanced level, we

encourage field station EE programs to:

(a) Develop a multi-disciplinary EE

program with integrated curricula

meeting national and State educational

standards;

(b) Adapt the refuge’s program to

increase participant learning and

connect environmental health with

quality of life;

(c) Develop multiple facilities or

study sites, with materials and

equipment, that support refuge goals

and objectives;

(d) Seek to hire professionally trained

refuge EE staff;

(e) Conduct refuge-specific

workshops; special events; symposia,

including day camps, after-school, and

off-site programs; elder hostels; and

extended learning opportunities;

(f) Provide EE training and mentoring

opportunities for educators, Service

staff, and others;

(g) Have an EE program that

demonstrates student learning through

measurable objectives;

(h) Create an extensive EE outreach

program for reaching participants

outside the local area;

(i) Allow our EE staff to continue to

develop professionally by attending

training;

(j) Use technology to interface with

off-site participants through the

Internet, distance learning and websites;

and

(k) Establish partnerships beyond

local communities.

(4) Refuges that have staffs of

approximately 15 FTEs or more with 1

or more positions solely dedicated to

public use, have a visitor center, and

have a Refuge Manager at the GS 13–14

level. The ‘‘flagship’’ level applies to

stations with EE as part of their

purpose(s). Other stations with an

enhanced EE program can operate at

this level. In addition to items at the

enhanced level, we encourage refuges at

the flagship level to:

(a) Develop and pilot new programs

with broad applications across the

Refuge System;

(b) Host local, State or national

events/projects such as State duck

stamp contests;

(c) Serve as a development site for

entry level employees, detailees, and

Student Career Experience Program

participants;

(d) Become a community or State

leader in EE;

(e) Have staff present papers at

national conferences;

(f) Have staff serve as mentors or

instructors for EE courses and course

development;

(g) Perform peer review of other

stations’ EE program;

(h) Have year-round facilities that

support all aspects of the EE program;

(i) Become centers for distance

learning;

Federal Register / Vol. 66, No. 10 / Tuesday, January 16, 2001 / Notices 3705

(j) Develop interactive curricula on

refuge/Service websites;

(k) Develop multi-cultural programs

as needed; and

(l) Develop outreach and partnerships

that have regional focus.

D. Refuge-specific guidelines for

developing EE programs: We advance

and support the National Wildlife

Refuge System mission and goals by

developing programs based on the

following guidelines. EE programs in

the Refuge System strive to:

(1) Connect people’s lives to the

health of the environment;

(2) Advance science literacy through

an interdisciplinary educational

approach;

(3) Strengthen the Refuge System

through science learning;

(4) Help participants experience the

wonder of fish, wildlife, plants, cultural

and historical resources;

(5) Stress the role and importance of

refuges and emphasize the relationship

between wildlife and associated

ecosystems;

(6) Be outcome-based, going beyond

attending a program to resulting in

something of value for both refuge

resources and participants;

(7) Pursue outreach and partnership

opportunities enhancing programs on

and off refuges and expanding our levels

of educational expertise and staffing;

(8) Include lesson plans and refuge

activity guides that incorporate,

complement and focus on local school

curricula allowing participants to utilize

refuges as living laboratories;

(9) Train educators, volunteers, and

partners in resource issues in order to

multiply our efforts across a broader

spectrum of students;

(10) Establish, maintain, and promote

environmental study sites and outdoor

classrooms where they are compatible

with refuge purpose(s), goals, and

objectives;

(11) Involve under-served populations

like urban or rural schools, Native

Americans, non-English speaking

populations, senior citizens, people

with disabilities, and groups in the

educational community other than K–12

such as colleges and universities;

(12) Expand our capability through

technology such as web pages and

electronic field trips; and

(13) Use appropriate formats for

visitors with disabilities (learning,

visual, hearing).

6.8 How do we evaluate EE programs?

We evaluate environmental education

programs in the following manner:

A. Refuge staff should annually

evaluate the program and make

necessary changes to strengthen it.

B. As part of our Refuge Management

Information System (RMIS), each year

we report the number of people taking

part in four educational categories:

teachers participating in workshops,

students taught on-site by staff or

volunteers, students taught off-site by

staff or volunteers, and non-staff

conducted EE. These statistics provide

some information about program

activity, and we can use the data to

identify trends and give an indication of

program involvement.

C. Regardless of the level of EE

program involvement, we should

develop evaluation tools to measure

program effectiveness. One simple tool

is a comment form given to the leader

after an educational field trip. Another

way may be to measure the instances of

littering, vandalism, or poaching, or

compliance with refuge regulations.

Refuge staff may consider implementing

more detailed evaluation tools to

measure learning outcomes and concept

retention. Regional or Washington

Office staff can assist with developing

and analyzing the results of these

evaluation tools.

Draft Interpretation Policy

Fish and Wildlife Service

Priority Wildlife-Dependent Recreation

Part 605 Fish and Wildlife Service Manual

Chapter 7 Interpretation 605 FW 7

7.1 What is the purpose of this

chapter? This chapter identifies Service

policy and guidance governing

interpretation as a priority wildlifedependent use of the National Wildlife

Refuge System.

7.2 What is the role of interpretation?

As one of the six priority wildlifedependent uses of the Refuge System,

interpretation connects people (visitors)

to resources providing opportunities for

them to develop an understanding and

appreciation for natural and cultural

resources. Visitors will receive messages

about Refuge System resources through

a variety of media including interpretive

trails and boardwalks, wildlife centers,

talks and walks, audio-visual

productions, publications, and exhibits

that communicate to a wide spectrum of

visitors.

7.3 What is our policy for

interpretation? The overarching goal of

our priority public use policies is to

enhance opportunities and access to

high quality visitor experiences on

national wildlife refuges while not

compromising wildlife conservation.

Interpretation is a legitimate and

appropriate public use of the System,

and along with the five other priority

public uses in the Refuge Improvement

Act, will receive enhanced

consideration over other uses. This

means we will especially invest our

resources in providing high quality

interpretation experiences for refuge

visitors. When determined to be

compatible, refuge managers are

strongly encouraged to provide to the

public interpretation opportunities. Our

interpretation programs will promote

understanding and appreciation of

natural and cultural resources and their

management on all lands included in

the System. We encourage refuge staff to

coordinate refuge interpretive programs

and materials with applicable local,

State, and Federal programs. We also

encourage refuge staff to take advantage

of opportunities to work with other

partners who have an interest in helping

us promote high quality wildlifedependent recreational programs on

refuges.

7.4 What are our objectives for

interpretive programs on refuges? We

will develop and maintain interpretive

programs on refuges to:

A. Increase public understanding and

support for the Refuge System;

B. Develop a sense of stewardship

leading to actions and attitudes that

reflect concern and respect for wildlife

resources, cultural resources, and the

environment;

C. Provide an understanding of the

management of our natural and cultural

resources.

D. Provide safe, enjoyable, accessible,

meaningful, and high quality

experiences for visitors increasing their

awareness, understanding, and

appreciation of fish, wildlife, plants,

and their habitats.

7.5 What is our legislative authority

for interpretation? Reference 605 FW 1

for laws that govern interpretation on

Refuge System lands.

7.6 Do we have common definitions

for interpretive terms? Yes. The

following are definitions of terms used

in reference to interpretation.

A. Interpretive plans. Interpretive

plans are documents (see Exhibit 1)

outlining key resources, visitor profiles,

facilities, budget needs, and

development plans as part of a refuge

Comprehensive Conservation Plan or

visitor services plan. The documents

include interpretive objectives, themes,

and activities presented at a refuge.

B. Interpretive objectives. Desired,

measurable outcomes of an interpretive

activity.

C. Interpretive themes. Central

messages we strive to communicate. All

interpretive activities should have

messages relating back to overall field

station interpretive subjects or topics as

well as Service and/or Refuge System

themes.

3706 Federal Register / Vol. 66, No. 10 / Tuesday, January 16, 2001 / Notices

D. Interpretive activities/tools. The

ways we convey interpretive messages

to visitors, on-site or off-site, such as,

but not limited to, tours, talks, slide

presentations, brochures, self-guided

trails, audio tapes, videos, and exhibits.

7.7 What are some standards and

requirements for interpretive programs?

When we develop interpretive

programs, we will utilize the following:

A. Principles of interpretation. Our

interpretive activities will utilize the

principles included in published

materials describing the art of

interpretation such as Freeman Tilden’s

‘‘Interpreting Our Heritage’’ or others.

We link the resources of the Refuge

System with the concepts and values

visitors bring to our sites. Specifically,

we strive to:

(1) Relate what we display or describe

to each visitor’s expectations and

experience;

(2) Motivate and reveal;

(3) Inspire and develop curiosity, not

solely instruct;

(4) Relate enough of the story to

introduce concepts and ideas, pique

visitor’s interest, allow visitors to

develop their own conclusions; and

(5) Organize activities around central

themes with measurable objectives.

B. Interpretation as a management

tool. Well-designed interpretive services

can be our most effective and

inexpensive resource management tool.

For many visitors, taking part in one or

more interpretive activities is their

primary contact with refuge staff, their

chance to find out about refuge

messages, and could be their first

contact with the refuge, conservation,

and wildlife. Through these contacts,

we have the opportunity to influence

visitor’s attitudes toward the Service

and their behaviors when visiting units

of the Refuge System. Interpretive

planning and subsequent activities and

products can:

(1) Help visitors understand the

impacts of their actions, minimizing

unintentional resource damage and

wildlife disturbance;

(2) Communicate rules and

regulations so they relate to visitors,

solving or preventing potential

management problems; and

(3) Help us make management

decisions and build public support by

providing insight into management

practices.

C. Assuring highest levels of quality:

We carefully consider personnel,

locations, and types of programs and

products in order to provide high

quality interpretive services.

(1) Staff conducting interpretive

services must have more than subject

matter knowledge. For example, the

skill required to write text for

interpretive exhibits and brochures

differs from technical writing skills. We

strive to select dynamic people who

enjoy interacting with visitors,

demonstrate organizational and

communications skills, and act

professionally.

(2) Often, sensitive habitats are the

most attractive places to visit and best

places to interpret. To minimize impacts

on sensitive habitats we: use staff and/

or trained volunteers to lead activities;

limit group size; select certain times of

day for programs; design facilities and

activities to minimize disturbance to

wildlife and habitats; and close areas

seasonally. Visitors can experience

sensitive resource areas with minimal

impact by using boardwalks, viewing

blinds, remote camera views, exhibits,

and telescopes. Other techniques may

be the use of dioramas, interactive

displays, and digital (i.e., CD–ROM)

interpretive methods. We can also

separate areas devoted to wildlife

observation and education from other

programs such as fishing and hunting to

preserve a high quality experience for

all visitors.

(3) While refuge staff should try to

reach as many individuals and interest

groups as possible with our message,

quantity is not the only measure of

success. Program quality and

effectiveness is crucial. Refuge managers

strive for a balanced program with a

variety of experiences for visitors with

different levels of time, ability, and,

interest. Refuge staff periodically review

and evaluate programs to assess

effectiveness.

D. Making interpretation accessible:

We will meet accessibility standards

and requirements by adhering to the

Architectural Barriers Act of 1968 (42

U.S.C. 51, Sec. 4151), the 1984 Uniform

Federal Accessibility Standards (UFAS),

and the Americans with Disabilities Act

of 1990 (42 U.S.C. 126). These acts

specify physical accessibility in all

construction and renovation projects

funded wholly or in part by the Federal

government. Also, the Rehabilitation

Act Amendments of 1998, (29 U.S.C.

791 et seq.), require accessibility for all

programs receiving Federal funds.

Meeting accessibility requirements

presents the challenge and opportunity

to provide better interpretive activities

for everyone. Creating media, facilities

and programs that are more easily read

and understood, paths that are level or

have ramps and handrails, and exhibits

that provide audio or tactile elements

benefits everyone and provides multiple

paths to learning.

7.8 Why should we do interpretive

planning? We are involved in

interpretive planning for the following

reasons:

A. Interpretive plans help focus staff

time, funding, and other resources on

our primary interpretive messages and

give focus and direction to exhibits,

programs, and other interpretive

activities. This planning can also help

set field station and funding priorities

and help locate sources of alternative

funding. We can use elements from

Comprehensive Conservation Plans,

step-down management plans, and

visitor service plans to develop a refuge

interpretive plan.

B. When we develop interpretive

plans, they become the basis for the

development of future programs and

services. New activities should always

relate to and support the themes

developed in the refuge interpretive

plan. Exhibit 1 contains a general

outline for interpretive plans.

7.9 What delivery methods do we use

for interpretive activities? There are two

broad categories of interpretive

activities: self-guided and personal

services. Self-guided interpretation

includes brochures, exhibits, kiosks,

audio-visual media (including computer

programs), and self-guided trails.

Personal services interpretation

includes information desk duty, group

presentations, guided talks and tours,

and special events. We provide a variety

of interpretive experiences that appeal

to a broad spectrum of interests and

learning styles. We strive for:

(1) High quality, self-guided services,

since they reach a larger audience, are

more readily available, and visitors can

use them at their own pace;

(2) High quality personal contact to

initiate conversation and answer

questions; and

(3) A variety of interpretive

experiences that appeal to varying

visitor interests.

7.10 How should we produce

interpretive media? The following are

interpretive media available to us:

A. Self-guided products will maintain

the highest level of quality and be

designed as to be appropriate for the site

and audience. Regional Public Use

Coordinators can assist with planning,

design, and contracting for production

of self-guided products. Final approval

for text and design of self-guided

products comes from the Regional

Offices.

B. We will design our brochures and

publications following the ‘‘U.S. Fish

and Wildlife Manual of Graphic

Standards for Publications.’’ The

Government Printing Office (GPO)

processes all of our printing and

duplication. Regional Printing

Coordinators must approve requests to

Federal Register / Vol. 66, No. 10 / Tuesday, January 16, 2001 / Notices 3707

use a commercial source other than

GPO.

7.11 How do we evaluate our

interpretive program? We evaluate our

programs to assure that we are

providing the highest level of service.

By periodically reviewing programs, we

determine program needs, initiate

changes, and decide if we are meeting

our goals and objectives. Some sources

for evaluation methods are

interpretation textbooks, other agencies

or organizations, and professional

associations like the National

Association for Interpretation.

A. Performance evaluation. We

evaluate individuals and services to

improve delivery methods, messages,

and the interpretive approach for future

activities. Remember that surveys must

follow OMB requirements and

restrictions. Some methods used

include:

(1) Supervisory feedback;

(2) Peer evaluation;

(3) Self-evaluation; and

(4) Audience evaluations.

B. Program evaluation. Evaluating

overall programs helps keep our

information up-to-date and current.

Often, refuge staff use program

attendance and cost to compare

activities, but true program evaluation

must go deeper. We can identify areas

needing further attention by examining

use trends, location and time variables,

and environmental factors. Areas to

consider include:

(1) Is program participation

increasing, decreasing, or staying the

same?

(2) Do visitors attend more than one

program or move on to other sites? Do

visitors return and revisit interpretive

facilities or guided programs? Do they

bring their friends?

(3) Have staffing levels changed?

(4) How much of the station budget

are we devoting to interpretive

programs? What are those dollars

buying?

(5) If too many or too few people

attend some programs, what can we do

to get attendance to an optimal level?

(6) Should we change or drop the

program/activity?

C. Visitor reactions. We use many

methods to determine visitor reaction to

interpretive activities. We can:

(1) Develop comment forms in a

variety of alternative formats, if needed,

and make them available at a variety of

locations;

(2) Interview visitors in focus groups

regarding what they liked or didn’t like

about our interpretive activities;

(3) Observe and record visitor actions

at interpretive facilities (e.g., monitor

how long visitors stay, which exhibits

they approach, whether they leave early

from exhibits, audio-visual, or

presentations, or ask thoughtful

questions);

(4) Get a fresh perspective by visiting

and observing other sites and then

critiquing our own facilities;

(5) Observe visitors and note their

behaviors when they visit refuges.

Record the instances of littering,

vandalism, or poaching. Is there a

change in compliance with posted

regulations?; and

(6) Request a Regional Office visitor

services’ review or invite staff from

other refuges to critique your program.

D. Quality and effectiveness. The

impact an activity had on the

participants is the most difficult

element to evaluate. We can:

(1) Find some visitor impressions by

using focus groups and individual

interviews;

(2) Use testimonials and unsolicited

comments to assess the relative value of

programs to visitors; and

(3) Evaluate quality and effectiveness

through formal research by working

with local colleges and universities.

Exhibit 1—Interpretive Plan Outline

A. Define key resources: Start by deciding

what makes the refuge special. Does it have

biological significance for key species, the

ecosystem, endangered species protection, or

restoration? Are there unique habitats

represented or notable seasonal natural

events? Are there known cultural resources

requiring protection or interpretation? Has

human history in the area had an impact on

resources? Are you conducting habitat or

population management activities? You can

use maps to show resource locations. To

complement the maps you should define

habitat sensitivity and, if data exists,

acceptable levels of visitation.

B. Define key audiences: Who are our

present and future visitors?

(1) Demographics: You can determine some

visitor demographics by contacting the State

department of tourism, a community visitor’s

bureau, and neighboring attractions. You can

glean some information from visitor contact

stations and trailhead registration books.

Even parking lot license plate counts can

help indicate trends. Formal surveys go more

in depth, but contact your Regional Office

regarding Office of Management and Budget

clearance for information allocation

requirements, types of questions you can use,

and the best way to administer a survey.

From this data you can develop lists of

visitor groups, (urban, international, shortterm, repeat, schools, families, retirees,

special interests like birding, hunting, and

others).

(2) Visitor Expectations and Perceptions:

What will each group need or expect when

they arrive? What part of your interpretive

program will appeal to each visitor group?

(3) Use Patterns: Does your refuge have any

special concerns relating to seasons, time of

day, existing or potential traffic patterns or

facility capacity. Do any of these use patterns

need to change?

C. Define goals and objectives: We must

establish interpretive goals (guiding

statements) and objectives (measurable

outcomes) in the Comprehensive

Conservation Plan. You should refer to this

plan when developing your program. Focus

on resource priorities on the refuge.

(1) Management goals focus on ways to

protect resources while providing visitor

opportunities.

(2) Interpretive goals identify what you

hope visitors will remember, feel, appreciate,

or understand after taking part in an

interpretive activity. Objectives are

measurable and identify what visitors will be

able to do after taking part in your program.

D. Develop interpretive themes: The major

messages you want visitors to take with them

are themes. They can focus on refuge

management issues, ecosystem issues, Refuge

System issues, or on the Service. We derive

themes for specific interpretive activities

from overall station themes. Themes should

be resource-based and stated in complete

sentences. Developing good themes is

difficult. Sometimes, identifying topics first,

such as, Wildlife, Ecosystems, Neotropical

Migrants, or Endangered Species can help.

Often the theme works much like a thesis,

and you should develop the theme in a

manner appropriate for your audience as you

plan out the program.

E. Select interpretive activities: Based on

available resources, determine methods and

locations for delivering your messages. You

should evaluate the pros and cons of each

and try to find a balance between personal

and self-guided services. One way to do this

is to create a chart with headings like

Themes, Activities, and Locations to show

how and where you will deliver your

messages.

F. Implementation: After you have

developed activities for your station, you

should define staffing, volunteer, facility and

funding needs. Prioritize and indicate

possible funding sources from within and

outside the Service. Input these identified

needs in the Refuge Operations System

(RONS) and Maintenance Management

System (MMS).

G. Evaluation: You should consider

evaluation at each phase of the program,

especially at the beginning. Using some of

the evaluation tools mentioned above, find

out if you meet your interpretive goals. Have

your themes become a part of the overall

station experience? Are you meeting group

needs and expectations? What portion of

your plan may you need to change?

Dated: December 22, 2000.

Jamie Rappaport Clark,

Director, U.S. Fish and Wildlife Service.

[FR Doc. 01–397 Filed 1–12–01; 8:45 am]

BILLING CODE 4310–55–U