Addition of Ten National Wildlife Refuges to the List of Open Areas for Hunting and/or Sport Fishing in Arkansas, Illinois, Indiana, Louisiana, Missouri, Mississippi, and Nebraska

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 32

RIN 1018-AD77

Addition of Ten National Wildlife Refuges to the List of Open

Areas for Hunting and/or Sport Fishing in Arkansas, Illinois, Indiana,

Louisiana, Missouri, Mississippi, and Nebraska

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Final rule.

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

following National Wildlife Refuges (NWRs), to the list of areas open

for hunting and/or sport fishing, along with pertinent refuge-specific

regulations for such activities: Bald Knob NWR, AR; Cossatot NWR, AR;

Emiquon NWR, IL; Potoka NWR, IN; Big Branch Marsh NWR, LA; Grand Cote

NWR, LA; Mandalay NWR, LA; Big Muddy NWR, MO; Tallahatchie NWR, MS and

Boyer Chute NWR, NE. The Service determines that such use is compatible

with the purposes for which these refuges were established. The Service

further determines 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 national

wildlife refuges.

EFFECTIVE DATE: This rule is effective August 29, 1996.

FOR FURTHER INFORMATION CONTACT: Stephen R. Vehrs, (703) 358-2397.

SUPPLEMENTARY INFORMATION: The Service generally closes national

wildlife refuges to hunting and sport fishing until opening them 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 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. This rulemaking opens Bald Knob NWR, AR, Big Branch Marsh

NWR, LA, Big Muddy NWR, MO, Cossatot NWR, AR, Emiquon NWR, IL and

Potoka River NWR, IN to hunting migratory game birds, upland game, big

game and sport fishing. This rulemaking also opens Boyer Chute NWR, NE,

Grand Cote NWR, LA, Mandalay NWR, LA and Tallahatchie NWR, MS to sport

fishing.

Text in this final rule is different than that used in the proposed

rules because it reflects conformity to plain English writing

standards. In the June 21, 1996, issue of the Federal Register (61 FR

31888-31910) the Service published ten (10) proposed rulemakings

containing a description of the refuges and their proposed hunting and/

or fishing programs and invited public comment. Each of these refuges

was assigned a separate rule identification number (RIN) number in the

proposed rulemaking as follows:

Bald Knob NWR, AR, RIN 1018-AD80;

Cossatot NWR, AR, RIN 1018-AD78;

Emiquon NWR, IL, RIN 1018-AD85;

Potoka NWR, IN, RIN 1018-AD86;

Big Branch Marsh NWR, LA, RIN 1018-AD79;

Grand Cote NWR, LA, RIN 1018-AD77;

Mandalay NWR, LA, RIN 1018-AD82;

Big Muddy NWR, MO, RIN 1018-AD88;

Tallahatchie NWR, MS, RIN 1018-AD81 and

Boyer Chute NWR, NE, RIN 1018-AD89.

The Service combined the proposed rules into this single final rule

(RIN 1018-AD77). A description of the refuges and their proposed

hunting and/or fishing programs was provided in the proposed rules.

The National Rifle Association (NRA) supports opening designated

refuges including Cossatot NWR to migratory game bird, upland game,

and/or big game hunting. They note that while hunting at Cossatot is to

be permitted in accordance with the State of Arkansas' regulations and

licensing requirements, the Service is imposing several exceptions. In

cases where the Service is departing from state rules and regulations,

it would be helpful to the public for the Service to provide a brief

explanation as to why it is it posing those exceptions. They would

appreciate having the rationale for the listed exceptions included as

part of the final rule.

In the case of Cossatot NWR, and several other refuges, the Service

requires a refuge specific permit to hunt. This requirement normally

exceeds state fish and game regulations, but is employed as a

management tool, it: (1) Controls the total number of hunters permitted

to be hunting at any one time on the refuge; (2) provides a method for

the hunter to receive a copy and understand the refuge specific

regulations, which usually contain a hunting area map; and (3) provides

special notice of any change to the regulations during the season and

(4) assists in lost hunter identity and law enforcement issues.

Several individuals provided comments opposing additional hunting

on national wildlife refuges. It is the policy of the Fish and Wildlife

Service to provide wildlife-dependent recreational opportunities on a

national wildlife refuge when compatible with the purposes for which

that specific refuge was established.

This rule is final upon publication. The Service has determined

that any

[[Page 45365]]

further delay in the implementation of these refuge hunting and sport

fishing regulations would not be in the public interest in that it

would hinder the effective planning and administration of the hunting

and fishing programs. The Service received public comment on these

proposals during the Environmental Assessment planning phase as well as

the 30-day comment period for these ten rules. Delay of an additional

30 days would jeopardize holding the hunts this year, or shorten their

duration and thereby lessen the management effectiveness of this

regulation. Therefore, the Service finds good cause to make this rule

effective upon publication (5 U.S.C. 553 (d)(3)).

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.

The Service develops hunting and sport fishing plans for each

existing refuge prior to opening it to hunting or fishing. In many

cases, the Service develops refuge-specific regulations to ensure the

compatibility of the programs with the purposes for which the refuge

was established. The Service ensured initial compliance with the NWRSAA

and the RRA for hunting and sport fishing on newly acquired refuges

through an interim determination of compatibility made at the time of

acquisition. This process ensures the determinations required by these

acts are made prior to the addition of refuges to the lists of areas

open to hunting and fishing in 50 CFR part 32. The Service ensures

continued compliance 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 determines 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 are available within the refuge budgets to

operate the hunting and/or sport fishing programs as proposed.

Paperwork Reduction Act

The Service examined this regulation under the Paperwork Reduction

Act of 1995 and found it to contain no information collection

requirements.

Economic Effect

Service review revealed that this rulemaking will increase hunter

and fishermen visitation to the surrounding area of these refuges

before, during or after recreational uses, compared to closing the

refuge to these recreational uses. When the Service acquired these

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

accordance with this rulemaking.

These refuges generally are distant from large metropolitan areas.

Businesses in the area of the refuges 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

areas. This final rule has a positive effect on such entities, however,

the amount of revenue generated is not large.

Many area residents enjoy a rural lifestyle that includes frequent

recreational use of the abundant natural resources of the areas. A high

percentage of the households enjoy hunting, fishing, and boating in

area wetlands, rivers and lakes. Refuge lands generally were not

available for public use prior to government acquisition; however,

friends and relatives of the landowners fished and hunted there and

some lands operated 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.

The Service calculates economic impacts of refuge fishing and

hunting programs on local communities from average expenditures in the

``1991 National Survey of Fishing, Hunting, and Wildlife-Associated

Recreation''. In 1996, the Service projects that 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 these

ten refuges results in the following: 26,500 fishermen are expected to

spend $1,081,700 annually in pursuit of their sport, while an estimated

4,300 hunters will spend $159,900 annually hunting on the refuges.

While many of these hunters and fishermen already made expenditures

prior to the refuge opening, additional expenditures directly are due

to these new recreational opportunities provided by the land now open

to the general public. The proposed rules for these ten refuges listed

each economic contribution separately, and the final rule combines

these contributions.

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.) reveals that although

the rulemaking would 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)), the Service

prepared environmental assessments for nine refuge openings. At

Cossatot NWR, the Service did not prepare an environmental assessment

but invoked a categorical exclusion as provided by 516

[[Page 45366]]

DM6 Appendix 1 with respect to this opening. Based upon the remaining

Environmental Assessments, the Service issued a Finding of No

Significant Impact with respect to the remaining nine openings. The

Service conducted a Section 7 evaluation pursuant to the Endangered

Species Act on all refuges and determined that these actions 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 available for review by

contacting the primary author.

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.

Civil Justice Reform

The Department has determined that these final regulations meet the

applicable standards provided in Sections 3(a) and 3(b)(2) of Executive

Order 12988.

Primary Author

Stephen R. Vehrs, Division of Refuges, U.S. Fish and Wildlife

Service, Washington, DC 20240, is the primary author of this rulemaking

document.

List of Subjects in 50 CFR Part 32

Fishing, Hunting, 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 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 alphabetically adding the listings ``Bald Knob

National Wildlife Refuge'' and ``Cossatot National Wildlife Refuge'' to

the State of Arkansas; ``Emiquon National Wildlife Refuge'' to the

State of Illinois; ``Patoka River National Wildlife Refuge and

Management Area'' to the State of Indiana; ``Big Branch Marsh National

Wildlife Refuge'', ``Grand Cote National Wildlife Refuge'', and

``Mandalay National Wildlife Refuge'' to the State of Louisiana; ``Big

Muddy National Wildlife Refuge'' to the State of Missouri;

``Tallahatchie National Wildlife Refuge'' to the State of Mississippi;

and ``Boyer Chute National Wildlife Refuge'' to the State of Nebraska.

3. Section 32.23 Arkansas is amended by adding the alphabetical

listing of Bald Knob National Wildlife Refuge and Cossatot National

Wildlife Refuge to read as follows:

Sec. 32.23 Arkansas.

* * * * *

Bald Knob National Wildlife Refuge

A. Hunting of Migratory Game Birds. Hunters may hunt migratory game

birds on designated areas of the refuge subject to the following

condition:

1. Hunters must possess a refuge permit.

B. Upland Game Hunting. Hunters may hunt upland game on designated

areas of the refuge subject to the following condition:

1. Hunters must possess a refuge permit.

C. Big Game Hunting. Hunters may hunt big game on designated areas

of the refuge subject to the following condition:

1. Hunters must possess a refuge permit.

D. Sport Fishing. Fishermen may fish and frog on designated areas

of the refuge subject to the following conditions:

1. Fishermen may fish and frog only during published refuge open

seasons and in accordance with refuge regulations.

2. Fishermen must adhere to all applicable state fishing and

frogging regulations.

* * * * *

Cossatot National Wildlife Refuge

A. Hunting of Migratory Game Birds. Hunters may hunt ducks, geese,

coots, woodcock, snipe, and mourning doves on designated areas of the

refuge subject to the following condition:

1. Hunters must possess a refuge permit.

B. Upland Game Hunting. Hunters may hunt quail, rabbit, squirrel,

raccoon, opossum and beaver on designated areas of the refuge subject

to the following condition:

1. Hunters must possess a refuge permit.

C. Big Game Hunting. Hunters may hunt white-tail deer and turkey on

designated areas of the refuge subject to the following condition:

1. Hunters must possess a refuge permit.

D. Sport Fishing. Fishermen may fish, take frogs, turtles and

crawfish on designated areas of the refuge subject to the following

conditions:

1. Fishermen must take turtles and crawfish in accordance with

applicable state regulations.

2. Trotlines must be reset when exposed by receding water levels.

Trotline ends must consist of a length of cotton line that extends from

the point of attachment into the water.

* * * * *

4. Section 32.32 Illinois is amended by adding the alphabetical

listing of Emiquon National Wildlife Refuge to read as follows:

Sec. 32.32 Illinois.

* * * * *

Emiquon National Wildlife Refuge

A. Hunting of Migratory Game Birds. Hunters may hunt migratory game

birds on designated areas of the refuge subject to posted conditions.

B. Upland Game Hunting. Hunters may hunt upland game on designated

areas of the refuge subject to posted conditions.

C. Big Game Hunting. Hunters may hunt big game on designated areas

of the refuge subject to posted conditions.

D. Sport Fishing. Fishermen may sport fish in designated waters of

the refuge subject to the following conditions:

1. Fishermen may sport fish in all refuge waters during daylight

hours from January 15, through October 15.

2. Private boats may not be left in refuge waters overnight.

3. Fishermen must restrict motorboats to slow speed/minimum wake.

* * * * *

5. Section 32.33 Indiana is amended by adding the alphabetical

listing of Patoka River National Wildlife Refuge and Management Area to

read as follows:

Sec. 32.33 Indiana.

* * * * *

Patoka River National Wildlife Refuge and Management Area

A. Hunting of Migratory Game Birds. Hunters may hunt migratory game

birds on designated areas of the refuge subject to posted regulations.

B. Upland Game Hunting. Hunters may hunt upland game on designated

areas of the refuge subject to posted regulations.

C. Big Game Hunting. Hunters may hunt big game on designated areas

of the refuge subject to posted regulations.

[[Page 45367]]

D. Sport Fishing. Fishermen may fish in designated waters of the

refuge subject to posted regulations.

* * * * *

6. Section 32.37 Louisiana is amended by adding the alphabetical

listing of Big Branch Marsh National Wildlife Refuge, Grand Cote

National Wildlife Refuge and Mandalay National Wildlife Refuge to read

as follows:

Sec. 32.37 Louisiana.

* * * * *

Big Branch Marsh National Wildlife Refuge

A. Hunting of Migratory Game Birds. Hunters may hunt ducks, coots,

and snow geese on designated areas of the refuge subject to the

following conditions:

1. Hunters must possess a refuge permit.

B. Upland Game Hunting. [Reserved]

C. Big Game Hunting. Hunters may hunt white-tailed deer on

designated areas of the refuge subject to the following conditions:

1. Hunters must possess a refuge permit.

D. Sport Fishing. Fishermen may fish in designated waters of the

refuge subject to the following conditions:

1. Fishermen may fish during daylight hours only.

2. Fishermen must only use rods and reel or pole and lines while

fishing.

3. Fishermen must not use trotlines, slat traps or nets while

fishing.

4. Fishermen must not use boats with motors larger than 25

horsepower.

5. Fishermen must not use air-thrust boats, motorized pirogues, go-

devils, or mud boats in refuge waters.

* * * * *

Grand Cote National Wildlife Refuge

A. Hunting of Migratory Game Birds. [Reserved]

B. Upland Game Hunting. [Reserved]

C. Big Game Hunting. [Reserved]

D. Sport Fishing. Fishermen may fish and take crawfish in

designated waters of the refuge subject to the following conditions.

1. Fishermen must have refuge permits to take crawfish.

2. Boats may not be left on the refuge overnight.

3. Fishermen may use yo-yos during daylight hours only.

4. Fishermen may not take frogs.

* * * * *

Mandalay National Wildlife Refuge

A. Hunting of Migratory Game Birds. [Reserved].

B. Upland Game Hunting. [Reserved].

C. Big Game Hunting. [Reserved].

D. Sport Fishing. Fishermen may sport fish subject to the following

conditions:

1. Fishermen must possess a ``free'' refuge permit.

2. All persons entering, using or occupying the refuge must abide

by all terms and conditions set forth in the appropriate refuge permit

and brochure.

* * * * *

7. Section 32.43 Mississippi is amended by adding the alphabetical

listing of Tallahatchie National Wildlife Refuge to read as follows:

Sec. 32.43 Mississippi.

* * * * *

Tallahatchie National Wildlife Refuge

A. Hunting of Migratory Game Birds. [Reserved]

B. Upland Game Hunting. [Reserved]

C. Big Game Hunting. [Reserved]

D. Sport Fishing. Fishermen may fish in designated waters of the

refuge subject to the following conditions:

1. Fishermen may not commercial fish.

2. Daylight use only.

3. The public may not camp.

4. Fishermen may use vehicles only on designated roads.

5. Fishermen must not litter on the refuge.

6. Fishermen must not build fires on the refuge.

7. Fishermen must not use all terrain vehicles on the refuge.

8. All State regulations governing seasons, licenses, and creel

limits apply.

9. Fishermen must not use nets, seines, trot lines, or any similar

device for taking fish.

* * * * *

8. Section 32.44 Missouri is amended by adding the alphabetical

listing of Big Muddy National Wildlife Refuge to read as follows:

Sec. 32.44 Missouri.

* * * * *

Big Muddy National Wildlife Refuge

A. Hunting of Migratory Game Birds. Hunters may hunt migratory game

birds on designated areas of the refuge subject to posted regulations.

B. Upland Game Hunting. Hunters may hunt upland game on designated

areas of the refuge subject to posted regulations.

C. Big Game Hunting. Hunters may hunt big game on designated areas

of the refuge subject to posted regulations.

D. Sport Fishing. Fishermen may fish on designated areas of the

refuge subject to posted regulations.

* * * * *

9. Section 32.46 Nebraska is amended by adding the alphabetical

listing of Boyer Chute National Wildlife Refuge to read as follows:

Sec. 32.46 Nebraska.

* * * * *

Boyer Chute National Wildlife Refuge

A. Hunting of Migratory Game Birds. [Reserved]

B. Upland Game Hunting. [Reserved]

C. Big Game Hunting. [Reserved]

D. Sport Fishing. Designated areas of the refuge are open in

accordance with State fishing regulations and the special conditions

that follow:

1. Fishermen may hook and line fish during daylight hours with

closely attended poles.

2. Fishermen may use only non-motorized vessels in the Chute, but

must not leave vessels on the refuge overnight,

3. Fishermen must not use floating, limb, or trot lines on the

refuge.

4. Fishermen must not use bow, crossbow, snagging devices, or

spears while fishing.

5. Fishermen must not dig bait, net, frog, or collect mussels

(clams).

* * * * *

Dated: August 13, 1996.

George T. Frampton, Jr.,

Assistant Secretary for Fish and Wildlife and Parks.

[FR Doc. 96-22041 Filed 8-28-96; 8:45 am]

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