Addition of Ottawa National Wildlife Refuge to the List of Open Areas for Big Game Hunting in Ohio

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 32

RIN 1018-AD31

Addition of Ottawa National Wildlife Refuge to the List of Open

Areas for Big Game Hunting in Ohio

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Final rule.

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

National Wildlife Refuge to the list of areas open for big game hunting

in Ohio along with pertinent refuge-specific regulations for such

activities. The Service has determined that such use will be compatible

with the purposes for which the refuge was established. The Service has

further determined that this action is in accordance with the

provisions of all applicable laws, is consistent with principles of

sound wildlife management, and is otherwise in the public interest by

providing additional recreational opportunities of a renewable natural

resource.

EFFECTIVE DATE: This rule is effective November 30, 1995.

FOR FURTHER INFORMATION CONTACT:

Stephen R. Vehrs, Telephone (703) 358-2029, X-5242.

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. The action must

also be in accordance with provisions of all laws applicable to the

areas, consistent with the principles of sound wildlife management, and

otherwise be in the public interest. This rulemaking opens Ottawa

National Wildlife Refuge to big game (white-tailed deer) hunting.

In the July 13, 1995, issue of the Federal Register, 60 FR 36196,

the Service published a proposed rulemaking and invited public comment.

All substantive comments were reviewed and considered following a 60-

day public comment period.

Four organizations and two individuals provided comments opposing

the rule based on the rationale that recreational deer hunting was not

justified nor compatible with the primary purpose for which the refuge

was established. These comments also indicated an opinion that the

Service failed to show adequate evidence that the proposed reduction of

deer numbers through hunting is based on solid scientific evidence, and

that alternative herd reduction methods were considered.

Comments further indicated that an explanation was not presented

explaining that hunting could de-stabilize this refuge deer herd and

cause a compensatory rebound of offspring within the hunted population,

and that the majority of the public is opposed to hunting on national

wildlife refuges.

The Refuge Manager conducted a compatibility determination, on

behalf of the Service, of the feasibility of deer hunting being applied

as a management tool to control the refuge white-tailed deer population

as well as to provide a quality wildlife-dependent recreational

opportunity for deer hunters. The Manager's documented findings within

the compatibility determination as well as within the environmental

assessment were as follows: 1. The proposed white-tailed deer hunt was

indeed compatible with the major purposes for which the refuge was

established; 2. the proposed hunt was within the policy guidelines of

the Service to be applied as both a herd management tool, and as a

method to provide recreational opportunities for deer hunters; and 3.

abundant scientific evidence exists which concludes that the

recreational hunting of deer as a harvest technique is indeed a

biologically sound practice, which could be expected to produce and

sustain a healthy refuge white-tailed deer herd.

Substantive comments were also received referencing the

environmental assessment completed for this hunt proposal, and that the

preferred alternative, which parallels the proposal outlined in this

Federal Register notice, provides for wildlife-dependent recreation

while effectively protecting and controlling deer populations within

the refuge. Other comments supported hunting as a management tool to

control deer depredations on private land surrounding the refuge.

The Service agrees, of the alternative herd management methods

proposed in the Refuge Environmental Assessment and adopted and

presented in the Federal Register, recreational deer hunting is a

biologically sound management technique that provides the best herd

management and depredation control.

Consideration was given to delaying this final rule for a 30-day

period, however, it was determined by the Service that any further

delay in the

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implementation of this refuge-specific regulation will hinder the

effective planning and administration of the hunt. Public comment was

received on this proposal during the Environmental Assessment planning

phase as well as the 60-day comment period for this rule. A delay of an

additional 30 days would specifically jeopardize holding the hunt this

year, or shorten its duration and thereby lessen the herd management

effectiveness of this regulation. Therefore, in accordance with (5

U.S.C. 553(d)(3), the Service finds good cause to make this rule

effective upon publication.

Statutory Authority

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 the Secretary 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.

Opening Package

In preparation for this opening, the refuge unit has included in

its ``openings package'' 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); a

section 7 evaluation or statement, pursuant to the Endangered Species

Act, that these openings are not likely to adversely affect a listed

species or its critical habitat; a letter of concurrence from the

affected States; and refuge-specific regulations to administer the

hunts. From a review of the totality of these documents, the Service

has determined that the opening of the Ottawa National Wildlife Refuge

to big game hunting is 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 Service has also

determined that this opening for big game hunting is compatible and

consistent with the primary purposes for which the refuge was

established. A brief description of the hunting program is as follows:

Ottawa National Wildlife Refuge

The Ottawa National Wildlife Refuge (NWR) is situated on the

southwestern edge of Lake Erie in what was once part of a 300,000 acre

forested wetland known as the Great Black Swamp.

Approximately 10% of the original habitat exists--mostly as

modified, impounded wetland units formerly owned by agricultural or

sport-hunting interests. Ottawa NWR was established on July 28, 1961,

with land acquired under the authority of the Migratory Bird

Conservation Act. The primary purpose of the refuge is for use as an

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

administration of areas of land, water or interest therein to conserve

and protect migratory birds in accordance with treaty obligations and

(to conserve) other species of wildlife found therein, including

adequate wildlife habitat.

The total refuge acreage is 8,318 acres of which 5,350 acres are

either open pools, marsh, or moist soil units. The remaining acreage is

a mixture of grassland and shrubland, fallow fields, wet meadows,

forests (310 acres), and croplands (600 acres).

Ottawa NWR is an important migration stopover for migratory birds.

The refuge bird list contains 267 normally observed species. The refuge

supports 32 native mammal species along with 53 indigenous amphibian

and reptile species.

Public hunting is to be used primarily as a management tool for

balancing the white-tailed deer population objectives with other

wildlife objectives, thereby inhibiting this species from impacting the

quality of vegetative habitat. In addition, the proposed hunt will

provide limited public hunting opportunities on the refuge. The deer

population estimate at the refuge was determined from a winter

helicopter survey. The refuge estimates indicate that the current deer

population is at 47.3 deer per square mile. In Ohio, the buck harvest

estimates indicate a pre-harvest density for Lucas and Ottawa counties

of 0.6 and 0.9 deer per square mile. The refuge population estimate is

315% above the upper end of average densities reported for the

agricultural Midwest region. Wildlife managers expend a lot of time and

money responding to deer-vehicle accident and crop depredation

complaints. Without a hunting program specifically used as a management

tool, the refuge deer population may degrade habitat quality not only

for that population but other important species. Controlled access,

blind placement and hunting opportunity in designated management zones

and seasonal restrictions will limit human disturbance of wildlife and

provide wildlife a refuge interior sanctuary.

Opening the refuge to big game hunting has been found to be

compatible in a separate compatibility determination. The hunting

program will be reviewed annually to ensure that a harvestable surplus

of animals exist, and that sensitive habitats are protected from

disturbance. A Section 7 evaluation pursuant to the Endangered Species

Act was conducted. The Service determined that the proposed action is

not likely to adversely affect any Federally listed or proposed for

listing threatened or endangered species or their critical habitats.

Pursuant to the National Environmental Policy Act (NEPA), an

environmental assessment was made and a Finding of No Significant

Impact (FONSI) was made regarding the hunt. During the preparation of

the environmental assessment, biologists and management personnel

within the Ohio Division of Wildlife were consulted. Comments were

solicited from the public during the draft environmental assessment

phase. Articles on this assessment were carried in the local newspapers

and sent to Federal, State and local legislators and conservation

groups.

The Service has determined that there would be sufficient funds

within the station budget to administer the proposed hunt.

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 Public Law 104-13 and assigned clearance number 1018-0014.

The information is being collected to assist the Service in

administering these program 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

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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.

Economic Effect

This rulemaking was not subject to Office of Management and Budget

review under Executive Order 12866. In addition, a review under the

Regulatory Flexibility Act of 1980 (5 U.S.C. 601 et seq.) has revealed

that the rulemaking would not have a significant effect on a

substantial number of small entities, which include businesses,

organizations or governmental jurisdictions. While there would be an

increase in the sale of firearms, ammunition, hunting gear, etc., this

proposed rule would have minimal effect on such entities as this is not

a big hunting program and hunting is otherwise allowed in surrounding

areas.

Federalism

This proposed rule will not have substantial direct effects on the

States, on the relationship between the national government and the

States, or on the distribution of power and responsibilities among the

various levels of government. Therefore, in accordance with Executive

Order 12612, it is determined that this rule does not have sufficient

Federalism implications to warrant the preparation of a Federalism

Assessment.

Environmental Considerations

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

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

environmental assessment has been prepared for this opening. Based upon

the Environmental Assessments, the Service issued a Finding of No

Significant Impact with respect to the opening. A Section 7 evaluation

was prepared pursuant to the Endangered Species Act with a finding that

these openings are not likely to adversely affect a listed species or

its critical habitat.

Primary Author

Stephen R. Vehrs, 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.

For the reasons set forth in the preamble, Part 32 of chapter I of

Title 50 of the Code of Federal Regulations is amended to read as

follows:

PART 32--[AMENDED]

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

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

2. Section 32.54 Ohio is amended by revising paragraph (c) to read

as follows:

Sec. 32.54 Ohio.

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Ottawa National Wildlife Refuge

* * * * *

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

designated areas of the refuge subject to the following conditions:

1. Permits are required.

2. Hunters are required to check in and out of the refuge each day

that they hunt.

3. No shooting from refuge roads or dikes is permitted.

* * * * *

Dated: October 20, 1995.

George T. Frampton, Jr.,

Assistant Secretary for Fish and Wildlife and Parks.

[FR Doc. 95-29105 Filed 11-29-95; 8:45 am]

BILLING CODE 4310-55-M