Addition of Big Branch Marsh National Wildlife Refuge to the List of Open Areas for Hunting and Sport Fishing in Louisiana

DEPARTMENT OF THE INTERIOR

50 CFR Part 32

RIN 1018-AD79

Addition of Big Branch Marsh National Wildlife Refuge to the List

of Open Areas for Hunting and Sport Fishing in Louisiana

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule.

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

Big Branch Marsh National Wildlife Refuge to the list of areas open for

hunting and sport fishing in Louisiana along with pertinent refuge-

specific regulations for such activities. The Service has determined

that such use will be compatible with the purposes for which the refuge

was established. The Service has further determined that this action is

in accordance with the provisions of all applicable laws, is consistent

with principles of sound fish and wildlife management, and is otherwise

in the public interest by providing additional recreational

opportunities at a national wildlife refuge.

DATES: Comments may be submitted on or before July 22, 1996.

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

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

20240.

FOR FURTHER INFORMATION CONTACT: Stephen R. Vehrs, at the address

above; Telephone (703) 358-2397.

SUPPLEMENTARY INFORMATION: National wildlife refuges generally are

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

Secretary of the Interior (Secretary) may open refuge

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areas to hunting and/or fishing upon a determination that such uses are

compatible with the purpose(s) for which the refuge was established.

The action also must be in accordance with provisions of all laws

applicable to the areas, must be consistent with the principles of

sound fish and wildlife management, and otherwise must be in the public

interest. The Service proposes to open Big Branch Marsh National

Wildlife Refuge to hunting of migratory game birds, big game and sport

fishing.

Request for Comments

Department of the Interior policy is, whenever practicable, to

afford the public a meaningful opportunity to participate in the

rulemaking process. A 30-day comment period is specified in order to

facilitate public input. Accordingly, interested persons may submit

written comments concerning this proposed rule to the person listed

above under the heading ADDRESSES. All substantive comments will be

reviewed and considered.

Statutory Authority

The National Wildlife Refuge System Administration Act (NWRSAA) of

1966, as amended (16 U.S.C. 668dd), and the Refuge Recreation Act of

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

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

NWRSAA authorizes the Secretary of the Interior to permit the use of

any area within the Refuge System for any purpose, including but not

limited to, hunting, fishing and public recreation, accommodations and

access, when he determines that such uses are compatible with the major

purpose(s) for which the area was established.

The Refuge Recreation Act (RRA) authorizes the Secretary to

administer areas within the Refuge System for public recreation as an

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

practicable and not inconsistent with the primary purpose(s) for which

the areas were established. The NWRSAA and the RRA also authorize the

Secretary to issue regulations to carry out the purposes of the Acts

and regulate uses.

Hunting and sport fishing plans are developed for each existing

refuge prior to opening it to hunting or fishing. In many cases,

refuge-specific regulations are developed to ensure the compatibility

of the programs with the purposes for which the refuge was established.

Initial compliance with the NWRSAA and the RRA has been ensured for

hunting and sport fishing on newly acquired refuges through an interim

determination of compatibility made at the time of acquisition. This

has ensured that the determinations required by these acts have been

made prior to the addition of refuges to the lists of areas open to

hunting and fishing in 50 CFR part 32. Continued compliance is ensured

by the development of long-term hunting and sport fishing plans and by

annual review of hunting and sport fishing programs and regulations.

The Service has determined that this action is in accordance with

the provisions of all applicable laws, is consistent with principles of

sound fish and wildlife management, helps implement Executive Order

12962 (Recreational Fisheries), and is otherwise in the public interest

by providing additional recreational opportunities at national wildlife

refuges. Sufficient funds will be available within the refuge budget to

operate the hunting and sport fishing programs as proposed.

Opening Package

In preparation for this opening, the following documents are

included in the refuge's ``openings package'' for Regional review and

approval from the Washington Office: a hunting and fishing management

plan; an environmental assessment; a Finding of No Significant Impact

(FONSI); a Section 7 evaluation or statement, pursuant to the

Endangered Species Act, that this opening is not likely to adversely

affect a listed species or critical habitat; a letter of concurrence

from the affected State; and refuge-specific regulations to administer

the fishing and hunting programs. Upon review of these documents, the

Secretary has determined that the opening of the Big Branch Marsh

National Wildlife Refuge to hunting and sport fishing is compatible

with the principles of sound fish and wildlife management and otherwise

will be in the public interest. A brief description of the refuge

program follows.

Big Branch Marsh National Wildlife Refuge

Big Branch Marsh National Wildlife Refuge, established on September

30, 1994, includes lands and waters located in St. Tammany Parish,

Louisiana. Big Branch Marsh NWR objectives are to:

Provide habitat for a natural diversity of wildlife

associated with Big Branch Marsh;

Provide wintering habitat for migratory waterfowl;

Provide nesting habitat for wood ducks;

Provide habitat for non-game migratory birds; and

Provide opportunities for public outdoor recreation, such

as hunting, fishing, hiking, birdwatching, and environmental education

and interpretation, whenever they are compatible with the purposes for

the refuge.

The refuge management program has centered on basic resource

protection and management through law enforcement and forest habitat

management. Establishing a public hunting and fishing program on the

refuge will provide for the continuation of traditional uses of refuge

lands.

St. Tammany Parish has experienced tremendous population growth in

recent years with a fifty percent increase in rural growth during the

last decade alone. This continuing growth has resulted in a high demand

for outdoor recreational opportunities on public lands.

The Service proposes to open the refuge to recreational hunting and

sport fishing under conditions set forth in the refuge hunting and

fishing plans and in accordance with state regulations and refuge

specific regulations.

Paperwork Reduction Act

This regulation has been examined under the Paperwork Reduction Act

of 1995 and has been found to contain no information collection

requirements.

Economic Effect

Service review has revealed that this rulemaking will increase

hunter and fishermen visitation to the surrounding area of the refuge

before, during or after recreational uses, compared to the refuge being

closed to these recreational uses. When the Service acquired this land,

all public use ceased under law until opened to the public in

accordance with this rulemaking.

This refuge is located within commuting distance to a large

metropolitan area. Businesses in the area consist primarily of small

family owned stores, restaurants, gas stations and other small

commercial enterprises. In addition, there are several small commercial

and recreational fishing and hunting camps and marinas in the general

area. This proposed rule would have a slight positive effect on such

entities; however, the amount of revenue generated is not large.

Many area residents enjoy a rural to urban lifestyle that includes

frequent recreational use of the abundant natural resources of the

area. A high percentage of the households enjoy hunting, fishing, and

boating in area wetlands, rivers and lakes. Refuge lands were not

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generally available for general public use prior to government

acquisition; however, they were fished and hunted upon by friends and

relatives of the landowners, and some were under commercial hunting and

fishing leases. Many nearby residents also participate in other forms

of nonconsumptive outdoor recreation, such as biking, hiking, camping,

birdwatching, canoeing, and other outdoor sports.

Economic impacts of refuge fishing and hunting on local communities

are calculated from average expenditures in the ``1995 National Survey

of Fishing, Hunting, and Wildlife-Associated Recreation''. In 1995, 42

million U.S. residents 16 years old and older hunted and/or fished.

More specifically, 37 million fished and 14.5 million hunted. Those who

both fished and hunted account for the 9.5 million overage. Nationwide

expenditures by sportsmen totaled $42 billion. Trip-related

expenditures for food, lodging, and transportation were $16 billion or

37 percent of all fishing and hunting expenditures; equipment

expenditures amounted to $19 billion, or 46 percent of the total; other

expenditures such as those for magazines, membership dues,

contributions, land leasing, ownership, licenses, stamps, tags, and

permits accounted for $6.9 billion, or 16 percent of all expenditures.

Overall, anglers spent an average of $41 per day. For each day of

hunting, big game hunters averaged spending $40, small game hunters

$20, and migratory bird hunters $33.

Applying these national averages to projected visitation at Big

Branch Marsh NWR results in the following: 20,000 fisherman are

expected to spend $820,000 annually in pursuit of their sport, while an

estimated 1,000 hunters will spend $35,000 annually hunting on the

refuge. While many of these fishermen and hunters already make such

expenditures prior to the refuge opening, minor amounts of these

additional expenditures are directly due to the land now being open to

the general public.

This rulemaking was not subject to Office of Management and Budget

review under Executive Order 12866. A review under the Regulatory

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

although the rulemaking would only slightly increase visitation and

expenditures in the surrounding area of the refuge, it would not have a

significant effect on a substantial number of small entities in the

area, such as businesses, organizations and governmental jurisdictions.

Environmental Considerations

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

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

environmental assessment was prepared for this opening. Based upon the

Environmental Assessment, the Service issued a Finding of No

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

pursuant to the Endangered Species Act was conducted. The Service

determined that the proposed action will not affect any Federally

listed or proposed for listing threatened or endangered species or

their critical habitats. These documents are on file at the offices of

the Service and may be reviewed by contacting the primary author noted

below.

Unfunded Mandates

The Service has determined and certifies pursuant to the Unfunded

Mandates Act, 2 U.S.C. 1502 et seq., that this rulemaking will not

impose a cost of $100 million or more in any given year on local or

State governments or private entities.

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

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

proposed rulemaking document.

List of Subjects in 50 CFR Part 32

Fishing, Hunting, Reporting and recordkeeping requirements,

Wildlife, and Wildlife refuges.

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

Federal Regulations is proposed to be amended as follows:

PART 32--[AMENDED]

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

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

Sec. 32.7 [Amended]

2. Section 32.7 List of refuge units open to hunting and/or

fishing is amended by adding the alphabetical listing of ``Big Branch

Marsh National Wildlife Refuge'' under the State of Louisiana.

3. Section 32.37 Louisiana is amended by adding in alphabetical

order Big Branch Marsh National Wildlife Refuge to read as follows:

Sec. 32.37 Louisiana.

* * * * *

Big Branch Marsh National Wildlife Refuge

A. Hunting of Migratory Game Birds. Hunting of ducks, coots, and

snow geese is permitted on designated areas of the refuge subject to

the following conditions:

1. Permits are required.

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. Permits are required.

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

the refuge subject to the following conditions:

1. Fishing is permitted during daylight hours only.

2. Only the use of rod and reel or pole and line is permitted.

3. The use of trotlines, slat traps and nets is prohibited.

4. The use of boats and motors larger than 25 horsepower is not

permitted.

5. Air-thrust boats, motorized pirogues, go-devils, and mud

boats are not permitted in refuge waters.

* * * * *

Dated: June 3, 1996.

George T. Frampton, Jr.,

Assistant Secretary for Fish and Wildlife and Parks.

[FR Doc. 96-15137 Filed 6-20-96; 8:45 am]

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