[Federal Register Volume 60, Number 134 (Thursday, July 13, 1995)]
[Proposed Rules]
[Pages 36196-36197]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-17193]
[[Page 36195]]
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Part IV
Department of the Interior
_______________________________________________________________________
Fish and Wildlife Service
_______________________________________________________________________
50 CFR Part 32
Addition of Ottawa National Wildlife Refuge to the List of Open Areas
for Big Game Hunting in Ohio; Proposed Rule
Federal Register / Vol. 60, No. 134 / Thursday, July 13, 1995 /
Proposed Rules
[[Page 36196]]
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 32
RIN 1018-AD31
Addition of Ottawa National Wildlife Refuge to the List of Open
Areas for Big Game Hunting in Ohio
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
Ottawa National Wildlife Refuge to the list of areas open for big game
hunting in Ohio 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 September 11, 1995.
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: Duncan L. Brown, Esq., at the address
above; Telephone: 703-358-1744.
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, consistent with the principles of sound wildlife management, and
otherwise be in the public interest. This rulemaking proposes to open
Ottawa National Wildlife Refuge to big game (white-tailed 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
Service 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 hunting/fishing plan; an
environmental assessment; a Finding of No Significant Impact (FONSI); a
Section 7 evaluation or statement, pursuant to the Endangered Species
Act, that these openings are not likely to adversely affect a listed
species or its critical habitat; a letter of concurrence from the
affected States; and refuge-specific regulations to administer the
hunts. From a review of the totality of these documents, it has been
determined that the opening of the Ottawa National Wildlife Refuge to
big game 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, it has been also
determined that this opening for big game 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:
Ottawa National Wildlife Refuge
The Ottawa National Wildlife Refuge (NWR) is situated on the
southwestern edge of Lake Erie in what was once part of a 300,000 acre
forested wetland known as the Great Black Swamp. Approximately 10% of
the original habitat exists--mostly as modified, impounded wetland
units formerly owned by agricultural or sport-hunting interests. Ottawa
NWR was established on July 28, 1961, with land acquired under the
authority of the Migratory Bird Conservation Act. The primary purpose
of the refuge is for use as an inviolate sanctuary, or for any other
management purpose, and for administration of areas of land, water, or
interest therein to conserve and protect migratory birds in accordance
with treaty obligations * * * and [to conserve] other species of
wildlife found therein, including adequate wildlife habitat.
The total refuge acreage is 8,318 acres of which 5,350 acres are
either open pools, marsh, or moist soil units. The remaining acreage is
a mixture of grassland and shrubland, fallow fields, wet meadows,
forests (310 acres), and croplands (600 acres).
Ottawa NWR is an important migration stopover for migratory birds.
The refuge bird list contains 267 normally observed species. The refuge
supports 32 native mammal species along with 53 indigenous amphibian
and reptile species.
Public hunting is to be used primarily as a management tool for
balancing the white-tailed deer population objectives with other
wildlife objectives, thereby inhibiting this species from impacting the
quality of vegetative habitat. In addition, the proposed hunt will
provide limited public hunting opportunities on the refuge. The deer
population estimate at the refuge was determined from a winter
helicopter survey. The refuge estimates indicate that the current deer
population is at 47.3 deer per square mile. In Ohio, the buck harvest
estimates indicate a pre-harvest density for Lucas and Ottawa counties
of 0.6 and 0.9 deer per square mile. The refuge population estimate is
315% above the upper end of average densities reported for the
agricultural Midwest region. Wildlife managers expend a lot of time and
money responding to deer-vehicle accident and crop depredation
complaints. Without a hunting program specifically used as a management
tool, the refuge deer population may degrade habitat quality not only
for that population but other important species. Controlled access,
blind placement and hunting opportunity in designated management zones
and seasonal restrictions will limit human disturbance of wildlife and
[[Page 36197]]
provide wildlife a refuge interior sanctuary.
Opening the refuge to big game hunting has been found to be
compatible in a separate compatibility determination. The hunting
program will be reviewed annually to ensure that a harvestable surplus
of animals exist, and that sensitive habitats are protected from
disturbance. A Section 7 evaluation pursuant to the Endangered Species
Act was conducted. It was determined that the proposed action is not
likely to adversely 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 hunt. During the preparation of the environmental
assessment, biologists and management personnel within the Ohio
Division of Wildlife were consulted. Comments were solicited from the
public during the draft environmental assessment phase. Articles on
this assessment were carried in the local newspapers and sent to
Federal, State and local legislators and conservation groups.
The Service has determined that there would be sufficient funds to
administer the proposed hunt. Sufficient funds would be available
within the refuge unit budget to operate such a hunt 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 44 U.S.C. 3501 et seq. 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 uses be compatible with the primary
purposes for which the areas were established. The information
requested in the application 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 there would be an
increase in the sale of firearms, ammunition, hunting gear, etc., this
proposed rule would have minimal effect on such entities as this is not
a big hunting program and hunting is otherwise allowed in surrounding
areas.
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 Assessments, 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
no adverse impact would occur to any identified threatened or
endangered species.
Primary Author. Duncan L. Brown, Esq., 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.
2. Section 32.54 Ohio is amended by revising paragraph C. of Ottawa
National Wildlife Refuge to read as follows:
Sec. 32.54 Ohio.
* * * * *
Ottawa National Wildlife Refuge
* * * * *
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.
2. Hunters are required to check in and out of the refuge each
day that they hunt.
3. No shooting from refuge roads or dikes is permitted.
* * * * *
Dated: June 15, 1995.
George T. Frampton, Jr.,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 95-17193 Filed 7-12-95; 8:45 am]
BILLING CODE 4310-55-P