Addition of Eight National Wildlife Refuges to the List of Open Areas for Hunting, Three to the List for Sport Fishing and Pertinent Refuge-Specific Regulations

SUMMARY: The U.S. Fish and Wildlife Service (Service) adds eight

national wildlife refuges (NWR(s)) to the lists of open areas for

migratory game bird hunting, upland game hunting, and/or big game

hunting, three NWRs to the list for sport fishing and pertinent refuge-

specific regulations for those activities. The Service has determined

that such uses will be compatible with and, in some cases, enhance the

purposes for which each refuge was established. The Service has further

determined that this action is in accordance with the provisions of all

applicable laws, is consistent with principles of sound wildlife

management, and is otherwise in the public interest by providing

additional recreational opportunities of a renewable natural resource.

In addition, these regulations are consistent with the new format which

reorganizes all hunting and fishing regulations under one part.

EFFECTIVE DATE: This rule is effective on February 11, 1994.

FOR FURTHER INFORMATION CONTACT: Duncan L. Brown, U.S. Fish and

Wildlife Service, Division of Refuges, MS 670 ARLSQ, 1849 C Street,

NW., Washington, DC 20240; Telephone: 703-358-1744.

SUPPLEMENTARY INFORMATION: National wildlife refuges are generally

closed to hunting and sport fishing until opened by rulemaking. The

Secretary of the Interior (Secretary) may open refuge areas to hunting

and/or fishing upon a determination that such uses are compatible with

the purpose(s) for which the refuge was established, and that funds are

available for development, operation, and maintenance of a hunting or

fishing program. The action must also be in accordance with provisions

of all laws applicable to the areas, must be consistent with the

principles of sound wildlife management, and must otherwise be in the

public interest. This rulemaking opens eight refuges to hunting and

three to sport fishing. All of the hunting and fishing programs

included in this openings document have refuge-specific hunting or

fishing regulations which are included in this rulemaking.

This rulemaking will also include Little Pend Oreille National

Wildlife Refuge in the alphabetical listing under section 32.67

Washington. This refuge was operated by the state of Washington until

1989. In November of 1989 hunting plans for migratory game bird, upland

game and big game were approved, as carryover programs under state

regulation. These migratory game bird and upland game programs were not

listed in the Code of Federal Regulations. The big game program was

listed, but was inadvertently dropped when the Service recodified and

consolidated the refuge-specific regulations for hunting and fishing.

During the comment period, the Service recognized the need to correct

that error and to add the two programs not previously not listed.

In the September 17, 1993, issue of the Federal Register, 58 FR

48732, the Service published a proposed rulemaking to implement the

hunting and fishing openings and invited public comment. The Service

received comments from The Fund for Animals, Inc. and the Wildlife

Refuge Reform Coalition. The substantive comments and our responses are

as indicated below. The Service is aware that some of the hunting

seasons have already begun. Any further delay in these openings would

unnecessarily deprive the public of the hunting opportunities these

programs would provide. Therefore, in accordance with 5 U.S.C.

553(d)(3), the Service finds good cause to make this rule effective

upon publication.

Comments Received and Service Responses

1. Comment: The comment period was inadequate to properly analyze

the proposed hunting programs and their refuge-specific regulations.

Response: An abbreviated comment period was initially prescribed

due to the fast approach of the scheduled hunting seasons. The Service

was in error, however, in not explaining this in the proposed

rulemaking. Accordingly, the comment period was extended an additional

20 days by publication in the Federal Register at 58 FR 53703.

2. Comment: The Refuge Recreation Act was violated because no

independent finding of adequate funding to operate the hunts has been

done and, furthermore, the public has not been allowed to review the

refuge budgets and make recommendations on how refuge units should

spend their budget allocations.

Response: The adequacy of funding has been assured by the specific

refuge unit opening to hunting/fishing, and has been verified by the

Regional Office which has oversight responsibility of refuge unit

budgets. The Refuge Recreation Act does not require that the public

participate in the development of refuge unit budgets. There has been

no finding in any of the openings that the wildlife resource, or

operations of the refuge unit generally, will be compromised in any

manner.

3. Comment: The openings have not adequately shown that they are

biologically sound.

Response: All of the hunt plans include environmental assessments

and speak to the population and habitat of the wildlife resource to be

hunted and to other wildlife that may be impacted by the hunt. These

elements of the hunt plans were generally discussed in the proposed

rulemaking and the public was afforded the opportunity to review the

plans. The Service supports its refuge managers' decisions on the

propriety of opening their refuge units to hunting and the concurrence

required by the respective Regional Offices.

4. Comment: The compatibility determinations for the specific

refuge hunts did not include adequate biological information from which

such determination could be made and, furthermore, did not provide

adequate information on what would constitute ``sound wildlife

management.''

Response: As discussed above, the biological basis for each hunt

was discussed in each of the plans. The refuge managers made

compatibility determinations properly and considered whether or not the

hunting activity would be compatible with the purposes for which the

refuge was established. As the Fund for Animals points out, the term

``sound wildlife management'' is not defined. However, absent such

specific definition, the refuge managers' determinations on

compatibility and sound wildlife management must be accepted given

their years of experience, professional judgment, and review of biology

and habitat (as contained in the hunt plans). Comments based on

philosophical disagreements on the propriety of hunting on any national

wildlife refuge cannot be settled within this rulemaking process.

5. Comment: The Environmental Assessments (EAs) were not sufficient

to comply with the National Environmental Policy Act of 1969 (NEPA).

Response: The Service notes the disagreement of the Fund for

Animals with the EAs provided for each of the refuge-specific hunts.

However, all components of NEPA were complied with in the development

of these assessments. Again, the Service contends that the disagreement

of the Fund for Animals is philosophical and not based on objective

standards of review.

6. Comment: The Fund for Animals makes refuge-specific arguments to

support its general conclusions above to support its conclusion that

none of the hunting decision documents comply with existing Acts,

regulations and policies that govern the establishment of hunting on

national wildlife refuges.

Response: The Service finds that the hunt opening packages are

complete, have included adequate information for concurrence by the

Regional Office, and are in compliance with all rules and regulations

governing the establishment of hunt programs on national wildlife

refuges.

7. Comment: The Wildlife Refuge Reform Coalition concludes that the

proposed openings are inappropriate and in violation of the National

Wildlife Refuge System Administration Act and the Refuge Recreation

Act.

Response: The Service notes that this comment is premised on the

organization's position that hunting is a ``perversion of [the]

purpose'' of the refuge system. The Service has attempted, through the

various decision documents required in the opening process for each

refuge, to substantiate its decision that hunting on particular

national wildlife refuges is within the confines of ``sound wildlife

management'' and meets various rules and regulations prescribed for

such openings.

Conformance With Statutory and Regulatory Authorities

The National Wildlife Refuge System Administration Act of 1966, as

amended (NWRSAA) (16 U.S.C. 668dd), and the Refuge Recreation Act of

1962 (RRA) (16 U.S.C. 460k) govern the administration and public use of

national wildlife refuges. Specifically, Section 4(d)(1)(A) of the

NWRSAA authorizes the Secretary to permit the use of any areas within

the National Wildlife Refuge System (Refuge System) for any purpose,

including but not limited to hunting, fishing, public recreation and

accommodations, and access, when he determines that such uses are

compatible with the purposes for which each refuge was established. The

Service administers the Refuge System on behalf of the Secretary. The

RRA gives the Secretary additional authority to administer refuge areas

within the Refuge System for public recreation as an appropriate

incidental or secondary use only to the extent that it is practicable

and not inconsistent with the primary purposes for which the refuges

were established. In addition, prior to opening refuges to hunting or

fishing under this Act, the Secretary is required to determine that

funds are available for the development, operation, and maintenance of

the permitted forms of recreation.

In preparation for these openings, the refuge units have included

in their ``openings packages'' for Regional review and approval from

the Washington Office the following documents: A hunting/fishing plan;

an environmental assessment; a Finding of No Significant Impact

(FONSI), or an Environmental Impact Statement and Record of Decision; a

section 7 evaluation or statement that no endangered or threatened

species exist on the refuge; a letter of concurrence from the affected

States; and refuge-specific regulations, as provided herein. From a

review of the totality of these documents, and for each refuge unit

specifically, the Secretary determines that the opening of the areas to

migratory game bird hunting, upland game hunting, big game hunting and

sport fishing are compatible with the principles of sound wildlife

management and will otherwise be in the public interest.

In accordance with the NWRSAA and the RRA, the Secretary has also

determined that these openings for hunting and fishing are compatible

and consistent with the primary purposes for which each of the refuges

listed below was established, and that funds are available to

administer the programs. The hunting and fishing programs will be

generally within State and Federal (migratory game bird) regulatory

frameworks. A brief description of the hunting and fishing programs

follows:

Alamosa NWR is located in the San Luis Valley in south-central

Colorado, 3 miles southeast of the City of Alamosa. It is administered

as part of the Alamosa/Monte Vista National Wildlife Refuge Complex.

The refuge is 11,169 acres in size and consists primarily of Rio Grande

River bottomland. This large mountain valley at an elevation of 7,500

feet is an important waterfowl production area in spite of its southern

location. The refuge is an important waterfowl breeding area with about

3,000 ducks and 200 geese produced annually. This refuge provides

important migrational habitat for 500 to 700 sandhill cranes and up to

90 bald eagles. Colonial waterbird nesting colonies exist on the refuge

and can include 750 white-faced ibis, black-crowned night herons, and

snowy and cattle egret nests. The sport fishing program would open the

southern portion of the refuge, about 5 miles along the Rio Grande

River, to fishing from July 1 through September 30 annually in

accordance with State of Colorado fishing regulations regarding

species, bag and possession limits and methods. All fish species

present would be open to fishing. No special refuge permit would be

required. The fishing program would not be open during spring, early

summer, or fall in order to protect waterfowl migration and production

habitat. The designated fishing season would not significantly affect

waterfowl production. The river does not have a high value for brood

production and has little use by waterbirds during this time. A section

7 consultation was conducted with a finding that the fishing program is

not likely to adversely affect any threatened or endangered species. An

environmental assessment concluded that no significant impact to the

human environment would occur if the fishing program were instituted.

The estimated cost for the fishing program is $1,000 and includes labor

for informing the public with signing, answering questions, and extra

law enforcement patrols. Once the fishing program is established,

annual operating costs are estimated at approximately $700. This cost

can be easily met with current refuge funding. Therefore, it is

determined that for FY 94 funds are available for the development,

operation, and maintenance of the program pursuant to the Refuge

Recreation Act.

Browns Park National Wildlife Refuge is located in an isolated

mountain valley in extreme northwestern Colorado. It lies along both

sides of the Green River, entirely within Moffat County, 25 miles below

Flaming Gorge Dam. It contains 13,455 acres of river bottomland and

adjacent beachland. The winters are unusually mild for mountainous

country, thereby providing winter haven for wildlife. There are three

distinct land types on the refuge: (1) Steep, rocky mountain slopes,

(2) alluvial beachlands, and (3) conglomerate sedimentary river

bottomlands. Numerous species of ducks and Great Basin Canada geese

nest on the refuge. The waterfowl population swells by the thousands

during the spring and fall migrations. Wading birds, shorebirds, and a

variety of raptors also use the refuge during various seasons. Resident

species include mule deer, pronghorn antelope, rabbits, and sage

grouse. Elk and bighorn sheep occasionally visit the refuge. Species

having threatened or endangered status include the bald eagle,

peregrine falcon, Colorado River squawfish, humpback chub, and bonytail

chub. The mission of the refuge is to preserve, restore and manage a

portion of the Green River and associated ecosystems for optimum

wildlife resources and to provide compatible human benefits associated

with its wildlife and wildlands. The refuge will now open to the

hunting of elk. The refuge is already open to the hunting of waterfowl,

cottontail rabbit and mule deer. Aerial surveys indicate increasing

numbers of elk are using the refuge during the fall and winter months.

Up to 200 elk were observed on the refuge during the winter of 1991-92.

A separate compatibility determination has concluded that the hunting

of elk would be compatible with the purposes for which the refuge was

established. Furthermore, the elk population is not anticipated to be

detrimentally impacted by the proposed hunt, because the refuge is

included within two separate big game State Management Units that are

subject to limited draw only. A separate Section 7 evaluation under the

Endangered Species Act has been done and a finding made that the

program would not adversely affect any threatened or endangered

species. An environmental assessment was done with a finding of no

significant impact to the human environment. The initial cost for this

hunt is approximately $1,000 and includes extra labor for informing the

public with signing, writing an information sheet, answering questions

and for extra law enforcement. Once established, the operating costs of

the hunt are estimated at about $700 annually, which is well within the

refuge's operational budget and, thus, there are sufficient funds

available for the development, operation, and maintenance of this

program as required by the Refuge Recreation Act.

Cypress Creek NWR, located in southern Illinois, was established as

an inviolate sanctuary, or for any other management purpose, for

migratory birds and for the conservation of wetlands. The refuge is one

component in the Cache River Wetlands system which, when fully

acquired, will include nearly 60,000 acres. The refuge, as acquired to

date, consists of approximately 3,800 acres of bottomland hardwood

forests associated with riverine wetlands. The parcels which make up

the refuge lend themselves well to hunting, especially for waterfowl

and upland game such as bob-white quail, cottontail rabbit, squirrel,

mourning dove and white-tailed deer. These species are considered the

target species for the refuge hunting plan. The hunting program

objectives provide a minimum of 200-500 hunter use days on applicable

areas opened to hunting. These areas have been determined to be

compatible with refuge purposes and objectives that are in conformance

with State regulations. The hunting program will also integrate species

specific recommendations for management as determined by the various

resource agencies involved in the project. Specifically, the hunt

program will control the large build-up of wintering populations of

Canada geese. Without such control, large goose build-ups are

inevitable and could interrupt existing distribution strategies that

have been agreed upon by State and flyway groups. Also, the white-

tailed deer populations must be controlled to ensure disease free herds

and to facilitate the reforestation project on the refuge.

Additionally, the hunt program provides public opportunities for

outdoor recreation. An environmental assessment was completed with a

finding of no significant impact to the human environment. A Section 7

consultation resulted in a finding that the program would not adversely

affect any threatened or endangered species. In addition, a separate

compatibility determination concluded that the program would be

compatible with the primary purposes of the refuge. Funding for the

hunting program will be a part of the refuge's operation and

maintenance fund which is approximately $250,000 annually. It is

anticipated that the hunting program will require one man-month (refuge

wildlife biologist) at a cost to the Service of $3,640 annually.

Therefore, it is determined that there are sufficient funds available

for the development, operation, and maintenance of the program as

required by the Refuge Recreation Act.

Meredosia NWR comprises 2,216 acres of Meredosia Island, Meredosia

Lake, and floodplain habitat. The refuge will now open to sport fishing

in designated areas of the refuge. Historically known for waterfowl

habitat, this refuge is located in Cass and Morgan Counties, Illinois,

nine miles south of Beardstown and immediately north of Meredosia,

Illinois. The refuge was established in 1973 as an inviolate sanctuary

for waterfowl. Prior to this establishment, the lands had been used

(since 1922) as a hunt club and waterfowl sanctuary. The refuge rests

on the river floodplain and consists of 1,802.3 acres of floodplain

forest, 150 acres in most soil units, 161 acres of former cropland in

various stages of natural regeneration, 72 acres in cropland and 25.5

acres of meadow. There are 5.2 miles of river bank and lake shore

habitat. Sport fishing activities will occur primarily at the southern

end of the refuge on recently acquired land. Sport fishing is made

compatible with the established refuge purposes by closing migratory

bird use areas to the public during critical periods. Sport fishing is

an opportunity that will facilitate the revival of the Meredosia

wetland complex as a multi-purpose natural area available for public

use. One of the objectives of the refuge is to provide environmental

education and other compatible public use opportunities to the public.

The refuge could provide excellent opportunities for people to

experience and appreciate a river floodplain ecosystem. These public

initiatives will be set into motion whenever permission is granted for

the sport fishing program. A separate compatibility determination

concluded that the program would be compatible with the primary

purposes of the refuge. An environmental assessment resulted in a

finding of no significant impact to the human environment. In addition,

a Section 7 consultation under the Endangered Species Act concluded

that the program would not adversely affect any threatened or

endangered species. The minimal staff effort and associated

administrative costs required to facilitate a sport fishing program on

the refuge will cause no administrative conflicts with refuge

operations and are sufficient to develop, operate, and maintain the

program. This program is, therefore, in compliance, with the Refuge

Recreation Act.

Driftless Area NWR was established in October 1989 to protect the

endangered Iowa Pleistocene snail and the threatened northern wild

monkshood plant. These two species, along with other rare snails and

plants, are found almost exclusively on certain cool, moist, shaded

slopes and cliffs, many of which are called algific talus slopes. The

refuge will now open to a limited upland game and big game hunt and

sport fishing will be allowed on designated areas of the refuge. The

refuge consists of approximately 506 acres of scattered parcels in

three northeast Iowa counties. As planned, the refuge may expand to

include tracts in southwest Wisconsin, southeast Minnesota and

northwest Illinois. Casual hunting and sport fishing were allowed on

these lands prior to its establishment as a refuge. All limited hunting

and fishing would occur away from the algific talus slopes where the

rare species occur, and in designated buffer zones where no rare

species are located. The refuge units to be opened for hunting are

relatively small, 204 and 209 acres, and have sufficient off-slope

buffer zones where hunter use is compatible. The specific areas to be

opened for hunting are the Howard Creek Unit and the Fern Ridge Unit in

Clayton County. The units opened to fishing are the Fern Ridge Unit and

Steele's Branch Unit in Clayton County. The sites are not expected to

receive heavy use as they are not located near large population

centers. Species available for hunting include white-tailed deer,

cottontail rabbit, eastern grey squirrel, eastern fox squirrel,

woodchuck, raccoon, opossum, coyote, red fox, grey fox, wild turkey,

ring-necked pheasant, grey partridge, ruffed grouse, woodcock, American

crow and rock dove. Because of extraordinarily high deer densities, the

potential for detrimental impact on the endangered species through

browsing and trampling is high. A section 7 consultation has been

completed, with concurrence by the Rock Island Ecological Services

Field Office, indicating that these activities will not adversely

affect the listed species. A separate compatibility determination was

completed with stipulations regarding seasons, hunting restrictions,

firearms, the use of horses, and facilities. With the stipulations, it

was determined that the hunting and fishing activities would be

compatible with the conservation of the rare species. An environmental

assessment concluded that there would be no significant impact on the

human environment. No additional funding or staffing will be needed to

administer the program. Occasional law enforcement patrols will be

conducted concurrent with other management functions. There are

sufficient funds and personnel, therefore, to develop, operate, and

maintain this program as required by the Refuge Recreation Act.

Patuxent Wildlife Research Center (Center) is a 12,800 acre

facility located approximately between Baltimore, Maryland and

Washington, DC, in Anne Arundel and Prince George's counties, Maryland.

The Patuxent River roughly bisects the property. The area which now

will be open for hunting of migratory game birds, upland game and big

game (deer) consists of a 8,100 acre tract, known as the North Tract,

which was transferred to the Center by the U.S. Army in 1991. Long-term

wildlife research studies of migratory birds, environmental

contaminants and endangered species are the primary purposes and

objectives of the North Tract. The North Tract comprises a large

contiguous forest (approximately 6,400 acres) in the coastal plain of

Central Maryland. This forest is directly connected to the large

forested acreage of the original Patuxent Wildlife Research Center,

Beltsville Agricultural Research Center, NASA Goddard Space Flight

Center, National Park Service and Secret Service tracts to the south

and west. Together these largely forested lands constitute the largest

(20,000+ acres) contiguous forest or ``greenway'' in the coastal plain

of Maryland. The hunting program on the North Tract will be managed to

provide the public with a high quality wildlife oriented activity and

an opportunity to explore the Nation's valuable and renewable wildlife

resources. Only harvestable surpluses of animals will be taken.

Wildlife populations will not be allowed to experience overall decline

by the conduct of sport hunting, with the exception of deer. Deer

populations may be reduced to maintain the carrying capacity of their

habitat. Prior to the transfer of the North Tract to the Center, this

area was open to the public for hunting for over 30 years. The hunts

will ensure that wildlife levels and good conservation management

principles are followed. The hunting program will be so carefully

controlled that locations and numbers of hunters in the field will be

known at the Hunting Control Point. Participants in approved public use

activities will be required to check in with Hunting Control so

potential conflicts are avoided. A separate section 7 consultation

under the Endangered Species Act was completed with a finding of no

adverse affect on any threatened or endangered species. An

environmental assessment concluded that the program would have no

significant impact on the human environment. A compatibility

determination also found that the program would be compatible with the

primary purposes of the refuge. Funding to continue public hunting on

the North Tract will be provided exclusively by hunting permit fees.

There are, therefore, sufficient funds to develop, operate, and

maintain the program in compliance with the Refuge Recreation Act.

Wallkill River NWR is located in the Townships of Wantage, Vernon

and Hardyston in Sussex County, New Jersey and Warwick Township in

Orange County, New York. The refuge was established, in large part, to

serve as a key link in New Jersey's planned Greenway system for the

northern part of the State. The refuge includes approximately nine

miles of the Wallkill River. The Wallkill River bottomlands of Sussex

County, New Jersey, are one of the few, high quality waterfowl

concentration areas remaining in the northwestern portion of the State.

It is also unique as a wildlife habitat due to its expansive wetlands

and great diversity of species it supports, including nineteen of the

State's listed threatened and endangered species. The refuge lies

within two physiographic provinces, the Appalachian Valley and Ridge

Province which encompass the Kittatinny Mountain Range to the west and

the Highland Ridge System Province to the east. The Wallkill

bottomlands have been farmed and mined for decades. The refuge will

protect 4,200 acres of freshwater wetlands and 3,300 acres of adjacent

upland when acquisition is completed. Wetland habitat types include

1,600 acres of palustrine forest, 1,500 acres of emergent marsh, 600

acres of wet meadow, 400 acres of scrub-shrub marsh, and 100 acres of

open water. Upland habitat types include 2,500 acres of agricultural

land and 800 acres of mixed hardwood. Resident wildlife is composed of

a variety of game and non-game species of birds, mammals, fish and

amphibians. Furbearers include beaver, muskrat, mink, and raccoon.

Black bear and bobcat are also known to occur occasionally on the

refuge. The refuge will now be open to hunting of deer in designated

areas of its properties. Deer are abundant throughout the refuge. State

deer biologists estimate a deer density of approximately 35 deer per

square mile in Sussex County's Deer Management Zone 2, of which

Wallkill is a part. This is slightly higher than the Statewide mean

pre-season density of 31 deer per square mile. The deer population in

the area is stable at the present time. The number of hunters expected

to use the area is relatively small and should not have any significant

impact on the wildlife populations on the refuge. As determined in a

separate compatibility determination, hunting of deer is compatible

with the purposes for which the refuge was established. A separate

section 7 consultation under the Endangered Species Act was completed

with a finding that the program would have no adverse affect on any

threatened or endangered species. An environmental assessment found

that the program would have no significant impact on the human

environment. Initial costs to open the refuge to hunting are estimated

to be about $7,000 including the cost of administering the first

hunting season. Costs will decrease in subsequent years, with an

anticipated annual operating cost of about $4,700. There are,

therefore, sufficient funds available with the annual operating budget

of $178,300 to conduct this hunt. There are, accordingly, sufficient

funds to develop, operate, and maintain the program pursuant to the

Refuge Recreation Act.

Des Lacs NWR is located in northwest North Dakota, approximately 50

miles north of Minot and 90 miles east of the Montana state line. The

long, narrow riverine refuge extends 26 miles in length from the

Canadian border to 8 miles south of Kenmare, North Dakota. The refuge

includes all of the main water areas and adjacent uplands along this

stretch of the Des Lacs Valley in Burke and Ward Counties. The

topography is characterized by adjacent grass uplands descending a

hundred feet into the river valley interspersed with numerous wooded

draws and coulees. The refuge consists of 19,544 acres, including

13,600 acres of upland, 5,014 acres of open water, 700 acres of marsh,

and 230 acres of wooded coulees. The refuge was established in 1935 as

a breeding ground for migratory birds and other wildlife. The refuge is

an important waterfowl breeding and migration area in the Prairie

Pothole Region. An average of 4,000-5,000 ducks and 50-150 Giant Canada

geese are produced annually. Resting use during fall migration is

significant with a peak of 200-300,000 snow geese and up to 50,000

ducks using the refuge. The Des Lacs Hunting Plan was completed in 1985

and currently allows the hunting of white-tailed deer. This opening

will add the hunting of upland game birds, rabbits and fox to that

plan. Populations of upland game birds, rabbits and fox are sufficient

in all but the most severe winter weather conditions, to sustain refuge

objectives of maintaining viable populations of these species of

resident wildlife. The timing of the hunts will avoid conflicts with

other refuge objectives because: (1) All waterfowl would have left the

refuge due to all wetlands freezing over; (2) virtually no endangered

species will be present in the area except for an occasional bald eagle

or peregrine falcon, because their primary food source, waterfowl, are

not present; and (3) use of refuge roads for wildlife observation is

virtually non-existent due to winter weather and poor road conditions

due to snow drifts. A separate section 7 consultation under the

Endangered Species Act was completed which determined that the program

would have no adverse affect on any threatened or endangered species. A

compatibility determination found that the proposed hunt program is

compatible with the primary purposes of the refuge. An environmental

assessment was completed on the program with a finding of no

significant impact to the human environment. The estimated initial cost

for this hunt is $1,000 and includes labor for additional signing,

administration and law enforcement. Once the hunt becomes established,

annual operating costs are estimated at $500. These new costs can be

met readily with current funding levels and are sufficient to develop,

operate, and maintain the program in compliance with the Refuge

Recreation Act.

J. Clark Salyer NWR, is located along the Souris River in Bottineau

and McHenry Counties of north-central North Dakota. The 58,693 acre

refuge extends from the Manitoba border southward for approximately 45

miles. The entire refuge lies within an area which was once Glacial

Lake Souris. The surrounding area is old lake bottom with extremely

flat topography and a high density of temporary wetlands. While a

primary objective of the refuge is waterfowl production, the area has a

very diverse population of other bird species. More than 250 species

have been noted, including sharp-tailed grouse, Swainson's hawks, a

wide variety of waterbirds, and relatively rare small birds such as

Sprague's pipits and Baird's and LeConte's sparrows. Endangered or

threatened species such as the bald eagle, peregrine falcon and piping

plover have been recorded. White pelicans are present on the refuge all

summer, while thousands of sandhill cranes, tundra swans and snow geese

use the refuge as a feeding and resting area during migration. White-

tailed deer, red fox, coyote, raccoon, mink, muskrat, beaver, porcupine

and striped skunk are abundant. The refuge will now open itself to fox

hunting. The refuge is already open to upland game hunting of pheasant,

partridge, grouse and turkey. Red fox populations have adapted well to

an environment modified by agricultural activity and their populations

are higher than historical level. Red fox are a major cause of duck

nest loss and kill many nesting hens on the refuge and other parts of

the Prairie Pothole Region of North America. The fox populations have

remained high in the State despite liberal hunting and trapping

regulations. Opening the refuge to fox hunting will fulfill a demand

for predator hunting in the winter and achieve management objectives in

harvesting surplus animals. A separate section 7 consultation under the

Endangered Species Act found that the program would not adversely

affect any threatened or endangered species. A compatibility

determination found that the hunt program would be compatible with the

primary purposes of the refuge. In addition, an environmental

assessment found that the program would present no significant impact

to the human environment. The hunt can be administered along with other

refuge hunts and activities with little or no added costs. Therefore,

there are sufficient funds to develop, operate, and maintain this

program and in compliance with the Refuge Recreation Act.

Eastern Shore of Virginia NWR, was established in August 1984, and

is located at the southern terminus of the Delmarva Peninsula in

Northampton County, Virginia. At present, the refuge encompasses 548

acres, 57 of which lie to the west of Route 13 and the remaining 491

lie to the east of this highway. The refuge will now open to a big game

(white-tailed deer) hunt. Five hunting zones totalling 500 acres will

be open for public deer hunting. Permits will be required and will

specify conditions for each type of hunt in each of the five hunting

zones. One of the primary objectives of the refuge is to maintain

healthy populations of wildlife. Deer populations are now at or above

carrying capacity of the refuge habitat. Over or under harvest will be

prevented by annual adjustments to the hunting program. The number of

hunt days, the hunt zones, and the numbers of hunters per zone can be

increased or decreased. This hunting plan initiates deer hunting as a

means of keeping deer populations in balance with refuge habitat, while

also providing public outdoor recreation benefits. Hunting has been

found to be compatible with the primary purpose of the refuge. A

separate section 7 consultation under the Endangered Species Act found

that the program would not adversely affect any threatened or

endangered species. In addition, an environmental assessment found that

the program would present no significant impact to the human

environment. There are sufficient funds to develop, operate, and

maintain this program and, accordingly, this hunt program would be in

compliance with the Refuge Recreation Act.

This rule was not subject to review under Executive Order 12866.

Paperwork Reduction Act

The information collection requirements for part 32 are found in 50

CFR part 25 and have been approved by the Office of Management and

Budget under 44 U.S.C. 3501 et seq. and assigned clearance number 1018-

0014. The information is being collected to assist the Service in

administering these programs in accordance with statutory authorities

which require that recreational uses be compatible with the primary

purposes for which the areas were established. The information

requested in the application form is required to obtain a benefit.

The public reporting burden for the application form is estimated

to average six (6) minutes per response, including time for reviewing

instructions, gathering and maintaining data, and completing the form.

Direct comments on the burden estimate or any other aspect of this form

to the Service Information Collection Officer, U.S. Fish and Wildlife

Service, 1849 C Street, NW., MS 224 ARLSQ, Washington, DC 20240; and

the Office of Management and Budget, Paperwork Reduction Project (1018-

0014), Washington, DC 20503.

Environmental Considerations

Pursuant to the requirements of section 102(2)(C) of the National

Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)), environmental

assessments have been prepared for these openings. Based upon the

Environmental Assessments, the Service issued Findings of No

Significant Impact with respect to the openings. Section 7 evaluations

were prepared pursuant to the Endangered Species Act, with a finding

that the programs likely would not adversely affect any threatened or

endangered species.

Duncan L. Brown, Division of Refuges, U.S. Fish and Wildlife

Service, Washington, DC, is the primary author of this rulemaking

document.

List of Subjects in 50 CFR Part 32

Hunting, Fishing, Reporting and recordkeeping requirements,

Wildlife, Wildlife refuges.

Accordingly, part 32 of chapter I of Title 50 of the Code of

Federal Regulations is amended as set forth below:

PART 32--[AMENDED]

1. The authority citation for part 32 continues to read as follows:

Authority: 5 U.S.C. 301; 16 U.S.C. 460k, 664, 668dd, and 715i.

Sec. 32.7 [Amended]

2. Section 32.7 is amended by adding alphabetically ``Cypress Creek

National Wildlife Refuge'' and ``Meredosia National Wildlife Refuge''

under Illinois; ``Driftless Area National Wildlife Refuge'' under Iowa;

``Patuxent Wildlife Research Center'' under Maryland; ``Wallkill River

National Wildlife Refuge'' under New Jersey; ``Eastern Shore of

Virginia National Wildlife Refuge'' under Virginia; and ``Little Pend

Oreille National Wildlife Refuge'' under Washington.

3. Section 32.25 Colorado is amended by adding text to paragraph D.

of the Alamosa National Wildlife Refuge; and by revising paragraph C.

of Browns Park National Wildlife Refuge to read as follows:

Sec. 32.25 Colorado.

* * * * *

Alamosa National Wildlife Refuge

* * * * *

D. Sport Fishing. Fishing is permitted on designated areas of

the refuge subject to the following conditions:

1. The fishing season is July 1 through September 30.

2. Fishing activity is limited to daylight use only.

* * * * *

Browns Park National Wildlife Refuge

* * * * *

C. Big Game Hunting. Hunting of mule deer and elk is permitted

on designated areas of the refuge subject to the following

conditions:

1. Elk hunting shall be governed by State hunting rules and

regulations specific to the taking of elk within the State of

Colorado.

2. Two safety and buffer zones will be closed to hunting to

protect the refuge and private facilities, as identified by the

refuge manager as those areas closed to the hunting of mule deer and

cottontail rabbit.

* * * * *

4. Section 32.32 Illinois is amended by adding Cypress Creek

National Wildlife Refuge and Meredosia National Wildlife Refuge to the

alphabetical listing to read as follows:

Sec. 32.32 Illinois.

* * * * *

Cypress Creek National Wildlife Refuge

A. Hunting of Migratory Game Birds. Hunting of migratory birds

is permitted on designated areas of the refuge subject to the

following conditions:

1. Boats, decoys and blinds must be removed from the refuge at

the conclusion of each day's hunt.

2. Only goose hunting is allowed in the area known as the

``Ducks Unlimited Area.''

3. Hunters must check in and out of the refuge each day of

hunting.

B. Upland Game Hunting. Hunting of bob-white quail, rabbit,

raccoon, opossum, coyote, red fox and grey fox is permitted on

designated areas of the refuge subject to the following conditions:

1. Hunters must check in and out of the refuge each day of

hunting.

2. No hunting after sunset is permitted.

C. Big Game Hunting. Hunting of white-tailed deer is permitted

on designated areas of the refuge subject to the following

condition: Hunters must check in and out of the refuge each day of

hunting.

D. Sport Fishing. [Reserved]

* * * * *

Meredosia National Wildlife Refuge

A. Hunting of Migratory Game Birds. [Reserved]

B. Upland Game Hunting. [Reserved]

C. Big Game Hunting. [Reserved]

D. Sport Fishing. Fishing is permitted on designated areas of

the Meredosia National Wildlife Refuge subject to the following

conditions:

1. Fishing is permitted from February 16 through October 15 on

all refuge waters, from boat or from the bank.

2. From October 16 through February 15, fishing is permitted

south of Carver Lake by foot access only.

3. Fishing is allowed during daylight hours only.

* * * * *

5. Section 32.34 Iowa is amended by adding Driftless Area

National Wildlife Refuge to the alphabetical listing to read as

follows:

Sec. 32.34 Iowa.

* * * * *

Driftless Area National Wildlife Refuge

A. Hunting of Migratory Game Birds. [Reserved]

B. Upland Game Hunting. Hunting of upland game is permitted on

designated areas of the refuge subject to the following condition:

Hunting is permitted only between November 1 and the close of State

established seasons, or January 15, whichever comes first.

C. Big Game Hunting. Hunting of white-tailed deer is permitted

on designated areas of the refuge subject to the following

conditions:

1. Hunting is permitted only between November 1 and the close of

State established seasons, or January 15, whichever comes first.

2. Hunting is restricted to archery and muzzleloader use only.

3. Construction or use of permanent blinds, platforms or ladders

is not permitted.

4. All stands must be removed from the refuge at the end of the

day's hunt.

5. Hunting in areas posted ``Closed Area'' is strictly

prohibited.

6. Firearms are permitted only during an open hunting season.

7. Horses or other hoofed animals are prohibited.

D. Sport Fishing. Fishing is permitted on designated areas of

the refuge.

* * * * *

6. Section 32.39 Maryland is amended by adding Patuxent Wildlife

Research Center to the alphabetical listing to read as follows:

Sec. 32.39 Maryland.

* * * * *

Patuxent Wildlife Research Center

A. Hunting of Migratory Game Birds. Hunting of migratory birds

is permitted on designated areas of the Center subject to the

following conditions:

1. Seasonal permit is required.

2. A fee is required for issuance of a seasonal permit.

3. The use of a retriever is mandatory on any impounded waters.

Retrievers shall be of the traditional breeds, such as Chesapeake

Bay, Golden, etc.

4. Dogs observed running loose or unattended in unauthorized

areas shall be subject to seizure by law enforcement officers.

B. Upland Game Hunting. Hunting of upland game is permitted on

designated areas of the Center subject to the following conditions:

1. Seasonal permit is required.

2. A fee is required for issuance of a seasonal permit.

3. Hunting of upland game is suspended during the firearm deer

season.

4. Hunters must wear in a conspicuous manner on head, chest and

back, a minimum of 400 square inches of solid-colored hunter orange

clothing or material.

5. Dogs observed running loose or unattended in unauthorized

areas shall be subject to seizure by law enforcement officers.

C. Big Game Hunting. Hunting of deer is permitted on designated

areas of the Center subject to the following conditions:

1. Seasonal permit is required.

2. A fee is required for issuance of a seasonal permit.

3. Validation of hunter safety proficiency test is required.

4. Dogs are not permitted.

5. No hunting with black powder handguns will be permitted.

6. Possession of rifled slug or pumpkin ball is permitted only

during the firearm deer season. Use of buckshot is strictly

prohibited.

7. Only shotguns loaded with rifled slug or pumpkin ball and

black powder rifles, 40 caliber or larger, with not less than 60

grains of black powder or equivalent in Pyrodex, shall be used for

hunting deer during the firearm deer season.

8. During the firearm deer season, the use of bow and arrow is

prohibited.

9. Hunting of upland game is suspended during the firearm deer

season.

10. Hunters must wear in a conspicuous manner on head, chest and

back a minimum of 400 square inches of solid-colored hunter orange

clothing or material. Bow hunters must follow this requirement when

moving to and from the deer stand, but are not required to wear

hunter orange when positioned to hunt.

11. Only portable deer stands with safety belts are permitted.

Safety belts must be worn while in the stand.

D. Sport Fishing. [Reserved]

7. Section 32.49 New Jersey is amended by adding Wallkill River

National Wildlife Refuge to the alphabetical listing to read as

follows:

Sec. 32.49 New Jersey.

* * * * *

Wallkill River National Wildlife Refuge

A. Hunting of Migratory Game Birds. [Reserved]

B. Upland Game Hunting. [Reserved]

C. Big Game Hunting. Hunting of white-tailed deer is permitted

on designated areas of the refuge subject to the following

conditions:

1. Refuge hunting hours are concurrent with State hunting hours.

Hunters may enter the refuge no earlier than two hours before

shooting time and leave no later than one hour after the end of

shooting hours.

2. Hunters must wear in a conspicuous manner at least 400 square

inches of hunter orange on their person.

3. Only portable tree stands may be used and must be removed

from the refuge each day.

D. Sport Fishing. [Reserved]

8. Section 32.53 North Dakota is amended by adding text to

paragraph B. of Des Lacs National Wildlife Refuge; and by revising

paragraph B. of J. Clark Salyer National Wildlife Refuge to read as

follows:

Sec. 32.53 North Dakota.

* * * * *

Des Lacs National Wildlife Refuge

* * * * *

B. Upland Game Hunting. Hunting of ring-necked pheasants, sharp-

tailed grouse, gray partridge, cottontail rabbit, jackrabbits,

snowshoe hares and fox is permitted on designated areas of the

refuge subject to the following conditions:

1. Only nontoxic shot or falconry may be used.

2. Upland game birds and rabbit shotgun season is from December

1 through the end of the State season.

3. The upland game bird and rabbit falconry season is from

December 1 through March 31.

* * * * *

J. Clark Salyer National Wildlife Refuge

* * * * *

B. Upland Game Hunting. Hunting of pheasant, partridge, grouse,

turkey and fox is permitted on designated areas of the refuge

subject to the following conditions:

1. Fox hunting opens annually on the day following the close of

the regular firearm deer season and closes on March 31.

2. Fox hunting is closed from \1/2\ hour after sunset until \1/

2\ hour before sunrise.

* * * * *

9. Section 32.66 Virginia is amended by adding Eastern Shore of

Virginia National Wildlife Refuge to the alphabetical listing to read

as follows:

Sec. 32.66 Virginia.

* * * * *

Eastern Shore of Virginia National Wildlife Refuge

A. Hunting of Migratory Game Birds. [Reserved]

B. Upland Game Hunting. [Reserved]

C. Big Game Hunting. Hunting of deer is permitted on designated

areas of the refuge subject to the following conditions:

1. Permits are required.

2. Only shotguns, 20 gauge or larger, loaded with buckshot, and

bow and arrow are permitted.

3. Dogs are not permitted.

4. Only portable tree stands may be used and must be removed at

the end of each hunt day.

5. Shotgun hunters must wear, in a conspicuous manner, on head,

chest, and back, a minimum of 400 square inches of solid-colored

orange clothing or material.

D. Sport Fishing. [Reserved]

* * * * *

10. Section 32.67 Washington is amended by adding Little Pend

Oreille National Wildlife Refuge to the alphabetical listing to read as

follows:

Sec. 32.67 Washington.

* * * * *

Little Pend Oreille National Wildlife Refuge

A. Hunting of Migratory Game Birds. Hunting of migratory game

birds is permitted on designated areas of the refuge.

B. Upland Game Hunting. Hunting of upland game is permitted on

designated areas of the refuge.

C. Big Game Hunting. Hunting of white-tailed deer and elk is

permitted on designated areas of the refuge.

D. Sport Fishing. Sport fishing is permitted on designated areas

of the refuge subject to the following condition: Permits are

required.

* * * * *

Dated: December 2, 1993.

Richard N. Smith,

Acting Director.

[FR Doc. 94-1536 Filed 2-10-94; 8:45 am]

BILLING CODE 4310-55-P