Addition of Great Bay National Wildlife Refuge to the List of Open Areas for Hunting in New Hampshire

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 32

RIN 1018-AD44

Addition of Great Bay National Wildlife Refuge to the List of

Open Areas for Hunting in New Hampshire

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule.

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SUMMARY: The U.S. Fish and Wildlife Service (Service) proposes to add

Great Bay National Wildlife Refuge to the list of areas open for

migratory game bird hunting and big game hunting in New Hampshire 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.

DATES: Comments may be submitted on or before January 29, 1996.

ADDRESSES: Assistant Director--Refuges and Wildlife, U.S. Fish and

Wildlife Service, 1849 C Street, NW, MS 670 ARLSQ, Washington, DC

20240.

FOR FURTHER INFORMATION CONTACT:

Stephen R. Vehrs, at the address above; Telephone: 703-358-2029 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, must be consistent with the principles of sound wildlife

management, and must otherwise be in the public interest. This

rulemaking proposes to open Great Bay National Wildlife Refuge to

migratory game bird (waterfowl) hunting and big game (deer) hunting.

Request for Comments

Department of the Interior policy is, whenever practicable, to

afford the public a meaningful opportunity to participate in the

rulemaking process. A 60-day comment period is specified in order to

facilitate public input. Accordingly, interested persons may submit

written comments concerning this proposed rule to the person listed

above under the heading ADDRESSES. All substantive comments will be

reviewed and considered.

Statutory Authority

The National Wildlife Refuge System Administration Act 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

Director of the U.S. Fish and Wildlife Service (Director), 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 management plan for

recreational hunting; an environmental assessment; a Finding of No

Significant Impact (FONSI); a Section 7 statement, pursuant to the

Endangered Species Act, that this opening will not affect a listed

species or its critical habitat; and refuge-specific regulations to

administer the hunting program. From a review of the totality of these

documents, The Service has determined that the opening of the Great Bay

National Wildlife Refuge to 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 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:

Great Bay National Wildlife Refuge

Great Bay National Wildlife Refuge was authorized in December,

1991, when an Act of Congress approved the transfer of 1,000 acres of

land at Pease Air Force Base in Newington, New Hampshire to the Fish

and Wildlife Service. The refuge was established August 11, 1992, with

the signing of the transfer document. The refuge was established for

the purposes (1) to encourage the natural diversity of plant, fish and

wildlife species within the refuge, and to provide for their

[[Page 61238]]

conservation and management, (2) to protect species listed as

endangered or threatened, or identified as candidates for listing

pursuant to the Endangered Species Act of 1973, (3) to preserve and

enhance the water quality of aquatic habitats within the refuge, and

(4) to fulfill the international treaty obligations of the United

States relating to fish and wildlife.

The refuge is located on the eastern shores of Great Bay. The

refuge protects 922 acres of upland, 132 acres of wetlands, and 6.5

miles of Great Bay's shoreline. Wetland habitat types include 64 acres

of open (fresh water) impoundments, 37 acres of forested wetlands, and

31 acres of salt marsh. The upland habitat includes 585 acres of

hardwood forests interspersed with white pine, red pine, spruce, and

fir, 200 acres of open (grasslands) area, and 137 acres of shrub

dominate upland.

Waterfowl are commonly seen throughout the year. In 1994 spring

waterfowl migration peaked around mid-April with over 300 birds

observed. In summer the refuge supports breeding waterfowl. Typically,

the fall waterfowl migration is larger than spring. In 1994, fall

migration peaked around the end of October with over 900 birds

observed. The refuge also supports wintering black ducks when open

water is available. With wetland restoration and wetland habitat

management, the refuge will be able to attract and support more

breeding waterfowl.

Currently, the deer population is being monitored. High deer

density and its effect on the habitat is the number one concern of the

refuge. Habitat degradation can occur quickly and take many years to

overcome. The refuge is constructing deer enclosures to monitor the

condition of the habitat. An index of deer use during October and

November has begun. A night spot-light count was conducted in 1993 and

1994 to monitor deer populations during these months. The index results

show an increase in deer observed from 4.7 deer/night in 1993 to 11.5

deer/night in 1994. The University of New Hampshire is assisting the

refuge in developing more detailed data. There is a need for deer

harvesting due to the many years the Pease Air Force Base was off-

limits to all but military personnel. The hunting of deer was,

therefore, quite limited.

Opening the refuge to hunting has been found to be compatible in a

separate compatibility determination. The hunting programs will be

reviewed, as appropriate, to ensure 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 will not 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 hunting programs. Sufficient

funds would be available within the refuge unit budget to operate the

hunting programs as proposed.

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 programs in accordance with statutory authorities

which require that recreational used be compatible with the primary

purposes for which the areas were established. The information

requested in the applicable 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.

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 the proposed hunting

programs could increase the number of hunting licenses purchased and

boost sales of hunting gear, the impact would not be considered

significant as other surrounding areas are, also, open to hunting and

the addition of the refuge to those areas open for hunting would be

only proportionally relevant to small entities. Therefore, this

proposed rule would have minimal effect on such entities.

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 Assessment, 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

the opening will not affect any identified threatened or endangered

species or critical habitat. These documents are on file at the offices

of the Service, and may be reviewed by making preliminary arrangements

with the primary author.

Primary Author. Stephen R. Vehrs, Division of Refuges, U.S. Fish

and Wildlife Service, Washington, DC, is the primary author of this

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 proposed to be 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 List of refuge units open to hunting and/or

fishing is amended to add the alphabetical listing of Great Bay

National Wildlife Refuge under the State of New Hampshire.

3. Section 32.48 New Hampshire is added to read as follows:

Sec. 32.48 New Hampshire.

The following refuge units have been opened to hunting and/or

fishing, and are listed in alphabetical order with applicable refuge-

specific regulations.

[[Page 61239]]

Great Bay National Wildlife Refuge

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

birds is permitted on designated areas of the refuge subject to the

following conditions:

1. Waterfowl hunting will not require a permit. Hunting will be

allowed only from the immediate shoreline of the Bay.

2. Only portable blinds are permitted. All decoys, blinds, and

boats must be removed after each day's hunt.

3. Waterfowl hunters will access shorelines by boat only.

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. Refuge permits are required for the deer hunt.

2. Big game hunters are required to wear in a conspicuous manner

on the head, chest and back a minimum of 400 square inches of solid-

colored blaze orange clothing or material.

D. Sport Fishing. [Reserved]

Dated: October 20, 1995.

George T. Frampton, Jr.,

Assistant Secretary for Fish and Wildlife and Parks.

[FR Doc. 95-29106 Filed 11-28-95; 8:45 am]

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