Vol. 76 Friday No. 14 January 21, 2011 Part II Department of the Interior Fish and Wildlife Service 50 CFR Part 32 2010–2011 Refuge-Specific Hunting and Sport Fishing Regulations; Final Rule VerDate Mar 15 2010 19:53 Jan 20, 2011 Jkt 223001 PO 00000 Frm 00001 Fmt 7217 Sfmt 7217 E:\FR\FM\PARTS2.XXX PARTS2 srobinson on DSKHWCL6B1PROD with MISCELLANEOUS NARA.EPS FR.EPS 3938 Federal Register / Vol. 76, No. 14 / Friday, January 21, 2011 / Rules and Regulations DEPARTMENT OF THE INTERIOR sport fishing programs and to ensure and conservation of our Nation’s that these programs will not materially wildlife resources. The Administration Fish and Wildlife Service interfere with or detract from the Act states first and foremost that we fulfillment of refuge purposes or the focus our Refuge System mission on 50 CFR Part 32 Refuge System’s mission. conservation of fish, wildlife, and plant [Docket No. FWS–R9–NSR–2010–0036; Provisions governing hunting and resources and their habitats. The 93250–1265–0000–4A] sport fishing on refuges are in title 50 of Improvement Act requires the Secretary, the Code of Federal Regulations in part before allowing a new use of a refuge, RIN 1018–AX20 32 (50 CFR part 32). We regulate or before expanding, renewing, or hunting and sport fishing on refuges to: extending an existing use of a refuge, to 2010–2011 Refuge-Specific Hunting • Ensure compatibility with refuge determine that the use is compatible and Sport Fishing Regulations purpose(s); with the purpose for which the refuge • AGENCY: Fish and Wildlife Service, Properly manage the fish and was established and the mission of the Interior. wildlife resource(s); Refuge System. The Improvement Act • Protect other refuge values; ACTION: established as the policy of the United Final rule. • Ensure refuge visitor safety; and • States that wildlife-dependent SUMMARY: The Fish and Wildlife Service Provide opportunities for quality recreation, when compatible, is a adds one refuge to the list of areas open fish- and wildlife-dependent recreation. legitimate and appropriate public use of for hunting and/or sport fishing and On many refuges where we decide to the Refuge System, through which the increases the activities available at allow hunting and sport fishing, our American public can develop an seven other refuges, along with general policy of adopting regulations appreciation for fish and wildlife. The pertinent refuge-specific regulations on identical to State hunting and sport Improvement Act established six other refuges that pertain to migratory fishing regulations is adequate in wildlife-dependent recreational uses as game bird hunting, upland game meeting these objectives. On other the priority general public uses of the hunting, big game hunting, and sport refuges, we must supplement State Refuge System. These uses are: Hunting, fishing for the 2010–2011 season. regulations with more-restrictive fishing, wildlife observation and Federal regulations to ensure that we DATES: This rule is effective January 21, photography, and environmental meet our management responsibilities, 2011. education and interpretation. as outlined in the ‘‘Statutory Authority’’ The Recreation Act authorizes the FOR FURTHER INFORMATION CONTACT: section below. We issue refuge-specific Secretary to administer areas within the Leslie A. Marler, (703) 358–2397. hunting and sport fishing regulations Refuge System for public recreation as SUPPLEMENTARY INFORMATION: The when we open wildlife refuges to an appropriate incidental or secondary National Wildlife Refuge System migratory game bird hunting, upland use only to the extent that doing so is Administration Act of 1966 closes game hunting, big game hunting, or practicable and not inconsistent with national wildlife refuges in all States sport fishing. These regulations list the the primary purpose(s) for which except Alaska to all uses until opened. wildlife species that you may hunt or Congress and the Service established the The Secretary of the Interior (Secretary) fish, seasons, bag or creel (container for areas. The Recreation Act requires that may open refuge areas to any use, carrying fish) limits, methods of hunting any recreational use of refuge lands be including hunting and/or sport fishing, or sport fishing, descriptions of areas compatible with the primary purpose(s) upon a determination that such uses are open to hunting or sport fishing, and for which we established the refuge and compatible with the purposes of the other provisions as appropriate. You not inconsistent with other previously refuge and National Wildlife Refuge may find previously issued refuge- authorized operations. System (Refuge System or our/we) specific regulations for hunting and The Administration Act and mission. The action also must be in sport fishing in 50 CFR part 32. In this Recreation Act also authorize the accordance with provisions of all laws rulemaking, we are also standardizing Secretary to issue regulations to carry applicable to the areas, developed in and clarifying the language of existing out the purposes of the Acts and coordination with the appropriate State regulations. regulate uses. fish and wildlife agency(ies), consistent We develop specific management with the principles of sound fish and Statutory Authority plans for each refuge prior to opening it wildlife management and The National Wildlife Refuge System to hunting or sport fishing. In many administration, and otherwise in the Administration Act of 1966 (16 U.S.C. cases, we develop refuge-specific public interest. These requirements 668dd–668ee, as amended by the regulations to ensure the compatibility ensure that we maintain the biological National Wildlife Refuge System of the programs with the purpose(s) for integrity, diversity, and environmental Improvement Act of 1997 [Improvement which we established the refuge and the health of the Refuge System for the Act]) (Administration Act), and the Refuge System mission. We ensure benefit of present and future generations Refuge Recreation Act of 1962 (16 initial compliance with the of Americans. U.S.C. 460k–460k–4) (Recreation Act) Administration Act and the Recreation We annually review refuge hunting govern the administration and public Act for hunting and sport fishing on and sport fishing programs to determine use of refuges. newly acquired refuges through an whether to include additional refuges or Amendments enacted by the interim determination of compatibility whether individual refuge regulations Improvement Act, built upon the made at or near the time of acquisition. governing existing programs need Administration Act in a manner that These regulations ensure that we make modifications. Changing environmental provides an ‘‘organic act’’ for the Refuge the determinations required by these conditions, State and Federal System, are similar to those that exist acts prior to adding refuges to the lists regulations, and other factors affecting for other public Federal lands. The of areas open to hunting and sport fish and wildlife populations and Improvement Act serves to ensure that fishing in 50 CFR part 32. We ensure habitat may warrant modifications to we effectively manage the Refuge continued compliance by the refuge-specific regulations to ensure the System as a national network of lands, development of comprehensive continued compatibility of hunting and waters, and interests for the protection conservation plans and specific plans, VerDate Mar<15>2010 14:09 Jan 20, 2011 Jkt 223001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 E:\FR\FM\21JAR2.SGM 21JAR2 srobinson on DSKHWCL6B1PROD with MISCELLANEOUS Federal Register / Vol. 76, No. 14 / Friday, January 21, 2011 / Rules and Regulations 3939 and by annual review of hunting and use in nontidal waters that are readily priority general public use of a refuge sport fishing programs and regulations. available in the marketplace. Many and should be facilitated. The anglers are using fishing tackle made Administration Act authorizes the Response to Comments Received from nontoxic materials such as tin, Secretary to allow use of any refuge area In the September 15, 2010, Federal bismuth, steel, and tungsten, for any purpose as long as those uses are Register (75 FR 56360), we published a alternatives which are found in all 50 compatible. In the case of each refuge proposed rulemaking identifying States. The difference in cost between opening/expansion in this rule, the changes pertaining to migratory game nonlead tackle and lead is not great, refuge managers went through the bird hunting, upland game bird hunting, especially for basic items. For example, compatibility process (which allows for big game hunting, and sport fishing to a 3⁄0 reusable split shot costs $.03 for public comment), in addition to existing refuge-specific language on lead and $.04 for tin. complying with the National certain refuges for the 2010–2011 This ban of lead sinkers is not new to Environmental Policy Act (42 U.S.C. season. We received 14 comments on any of these refuges. In the case of 4321 et seq.) (NEPA) (which also allows the proposed rule during a 30-day Rappahannock River Valley National for public comment) to make the comment period; seven of those Wildlife Refuge, they have banned lead determination before opening or comments were supportive of the sinkers since 2004 in their freshwater expanding the refuge to allow for rulemaking. ponds, where there is a greater hunting. Comment 1: Four commenters likelihood of lead split shot being We disagree that the comment period expressed opposition to the Service ingested by wildlife. They do allow the is insufficient. The process of opening banning lead sinkers on several of our use of lead sinkers in tidal creeks refuges is done in stages, with the refuges. They feel that this ban would because to hold bait in a tidal situation fundamental work being done on the necessitate them having to purchase anglers need heavier weights, and ground at the refuge and in the new nontoxic sinkers and this would be heavier nontoxic weights are not as community where the program is hardship on all anglers, especially in available in the marketplace.