Wednesday, September 8, 2004 Part II Department of the Interior Fish and Wildlife Service 50 CFR Parts 31 and 32 2004–2005 Refuge-Specific Hunting and Sport Fishing Regulations; Final Rule VerDate jul<14>2003 17:08 Sep 07, 2004 Jkt 203001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\08SER2.SGM 08SER2 54350 Federal Register / Vol. 69, No. 173 / Wednesday, September 8, 2004 / Rules and Regulations DEPARTMENT OF THE INTERIOR regulations to ensure the continued Act (Recreation Act) of 1962 (16 U.S.C. compatibility of hunting and sport 460k–460k–4) govern the administration Fish and Wildlife Service fishing programs and to ensure that and public use of refuges. these programs will not materially Amendments enacted by the National 50 CFR Parts 31 and 32 interfere with or detract from the Wildlife Refuge System Improvement RIN 1018–AT40 fulfillment of refuge purposes or the Act of 1997 (Improvement Act) build Refuge System’s mission. upon the Administration Act in a 2004–2005 Refuge-Specific Hunting Provisions governing hunting and manner that provides an ‘‘organic act’’ and Sport Fishing Regulations sport fishing on refuges are in Title 50 for the Refuge System similar to those of the Code of Federal Regulations in that exist for other public Federal lands. AGENCY: Fish and Wildlife Service, part 32 (50 CFR part 32). We regulate The Improvement Act serves to ensure Interior. hunting and sport fishing on refuges to: that we effectively manage the Refuge ACTION: Final rule. • Ensure compatibility with refuge System as a national network of lands, purpose(s); waters, and interests for the protection SUMMARY: The Fish and Wildlife Service • Properly manage the fish and and conservation of our Nation’s adds 10 new refuges and wetland wildlife resource(s); wildlife resources. The Administration management districts to the list of areas • Protect other refuge values; Act states first and foremost that we open for hunting and/or sport fishing • Ensure refuge visitor safety; and focus Refuge System mission on programs and increases the activities • Provide opportunities for quality conservation of fish, wildlife, and plant available at 7 other refuges. We also wildlife-dependent recreation. resources and their habitats. The develop pertinent refuge-specific On many refuges where we decide to Improvement Act requires the Secretary, regulations for those activities and allow hunting and sport fishing, our before allowing a new use of a refuge, amend certain regulations on other general policy of adopting regulations or before expanding, renewing, or refuges that pertain to migratory game identical to State hunting and sport extending an existing use of a refuge, to bird hunting, upland game hunting, big fishing regulations is adequate in determine that the use is compatible. game hunting, and sport fishing for the meeting these objectives. On other The Improvement Act established as the 2004–2005 season. refuges, we must supplement State policy of the United States that wildlife- DATES: This rule is effective August 31, regulations with more-restrictive dependent recreation, when compatible, 2004. Federal regulations to ensure that we is a legitimate and appropriate public meet our management responsibilities, FOR FURTHER INFORMATION CONTACT: use of the Refuge System, through as outlined in the ‘‘Statutory Authority’’ Leslie A. Marler, (703) 358–2397; Fax which the American public can develop section. We issue refuge-specific (703) 358–2248. an appreciation for fish and wildlife. hunting and sport fishing regulations The Act established six wildlife- SUPPLEMENTARY INFORMATION: The when we open wildlife refuges to dependent recreational uses, when National Wildlife Refuge System migratory game bird hunting, upland compatible, as the priority general Administration Act of 1966 closes game hunting, big game hunting, or public uses of the Refuge System. These national wildlife refuges to all uses until sport fishing. These regulations list the uses are: hunting, fishing, wildlife opened. The Secretary of the Interior wildlife species that you may hunt or observation and photography, and (Secretary) may open refuge areas to any fish, seasons, bag or creel limits, environmental education and use, including hunting and/or sport methods of hunting or sport fishing, interpretation. fishing, upon a determination that such descriptions of areas open to hunting or The Recreation Act authorizes the uses are compatible with the purposes sport fishing, and other provisions as Secretary to administer areas within the of the refuge and National Wildlife appropriate. You may find previously Refuge System for public recreation as Refuge System (Refuge System or we) issued refuge-specific regulations for an appropriate incidental or secondary mission. The action also must be in hunting and sport fishing in 50 CFR part use only to the extent that doing so is accordance with provisions of all laws 32. In this rulemaking, we are also practicable and not inconsistent with applicable to the areas, developed in standardizing and clarifying the existing the primary purpose(s) for which coordination with the appropriate State language of these regulations. Congress and the Service established the fish and wildlife agency(ies), consistent areas. The Recreation Act requires that with the principles of sound fish and Plain Language Mandate any recreational use of refuge lands be wildlife management and In this rule we made some of the compatible with the primary purpose(s) administration, and otherwise in the revisions to the individual refuge units for which we established the refuge and public interest. These requirements to comply with a Presidential mandate not inconsistent with other previously ensure that we maintain the biological to use plain language in regulations; as authorized operations. integrity, diversity, and environmental such, these particular revisions do not The Administration Act and health of the Refuge System for the modify the substance of the previous Recreation Act also authorize the benefit of present and future generations regulations. These types of changes Secretary to issue regulations to carry of Americans. include using ‘‘you’’ to refer to the out the purposes of the Acts and We annually review refuge hunting reader and ‘‘we’’ to refer to the Service, regulate uses. and sport fishing programs to determine using the word ‘‘allow’’ instead of We develop specific management whether to include additional refuges or ‘‘permit’’ when we do not require the plans for each refuge prior to opening it whether individual refuge regulations use of a permit for an activity, and using to hunting or sport fishing. In many governing existing programs need active voice. cases, we develop refuge-specific modifications, deletions, or additions. regulations to ensure the compatibility Changing environmental conditions, Statutory Authority of the programs with the purpose(s) for State and Federal regulations, and other The National Wildlife Refuge System which we established the refuge and the factors affecting fish and wildlife Administration Act (Administration Refuge System mission. We ensure populations and habitat may warrant Act) of 1966 (16 U.S.C. 668dd–668ee, as initial compliance with the modifications to refuge-specific amended) and the Refuge Recreation Administration Act and the Recreation VerDate jul<14>2003 17:08 Sep 07, 2004 Jkt 203001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 E:\FR\FM\08SER2.SGM 08SER2 Federal Register / Vol. 69, No. 173 / Wednesday, September 8, 2004 / Rules and Regulations 54351 Act for hunting and sport fishing on Although proportionately to their prohibited by the refuge. The shot used newly acquired refuges through an numbers, hunters generate more in deer hunting is too large to be interim determination of compatibility revenue than nonconsumptive users. ingested by waterfowl and not normally made at or near the time of acquisition. The Administration Act authorizes us, used in wetland areas. No changes were These regulations ensure that we make when compatible, to allow both made to the regulation as a result of this the determinations required by these consumptive and nonconsumptive comment. acts prior to adding refuges to the lists activities, regardless of economic Comment: A commenter felt that the of areas open to hunting and sport benefit. While bird watching and other Service has erred in categorically fishing in 50 CFR part 32. We ensure nonconsumptive recreational activities excluding the proposed rule from continued compliance by the do generate economic activity, they are National Environmental Policy Act development of comprehensive not the subject of this proposed (NEPA) review and that an conservation plans, specific plans, and rulemaking. No changes were made to Environmental Impact Statement (EIS) by annual review of hunting and sport the regulation as a result of this should have been prepared. fishing programs and regulations. comment. Response: We disagree with the Commenter: A commenter observed statement that the Service should have Response to Comments Received that ‘‘65% of refuges are open to gratify prepared an EIS for the opening of the In the June 30, 2004, Federal Register the demands of 4.56% of the United refuges to hunting and fishing covered (69 FR 39552), we published a proposed States population.’’ They felt that by this rulemaking. Each individual rulemaking identifying refuges and their allowing the hunting/fishing, therefore, refuge, when making a determination as proposed hunting and/or fishing is not in the public interest. to whether or not to allow hunting and/ programs and invited public comments. Response: Those refuges that have or fishing, complies with NEPA when We published corrections to the found hunting and fishing to be preparing an ‘‘opening package.’’ For proposed rule on July 14, 2004 (69 FR compatible activities with the each of the refuges included in the 42127) and on July 23, 2004 (69 FR purpose(s) for which the refuge was rulemaking, we prepared Environmental 43964). We reviewed and considered all established have determined that Assessments and determined that EISs comments received by July 30, 2004, allowing those activities are in the were unnecessary.