[Federal Register Volume 60, Number 229 (Wednesday, November 29, 1995)]
[Proposed Rules]
[Pages 61237-61239]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-29106]



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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 32

RIN 1018-AD44


Addition of Great Bay National Wildlife Refuge to the List of 
Open Areas for Hunting in New Hampshire

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 
Great Bay National Wildlife Refuge to the list of areas open for 
migratory game bird hunting and big game hunting in New Hampshire 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 January 29, 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: 703-358-2029 X-5242.

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, must be consistent with the principles of sound wildlife 
management, and must otherwise be in the public interest. This 
rulemaking proposes to open Great Bay National Wildlife Refuge to 
migratory game bird (waterfowl) hunting and big game (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 
Director of the U.S. Fish and Wildlife Service (Director), 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 management plan for 
recreational hunting; an environmental assessment; a Finding of No 
Significant Impact (FONSI); a Section 7 statement, pursuant to the 
Endangered Species Act, that this opening will not affect a listed 
species or its critical habitat; and refuge-specific regulations to 
administer the hunting program. From a review of the totality of these 
documents, The Service has determined that the opening of the Great Bay 
National Wildlife Refuge to 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, the Service has also 
determined that this opening for 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:

Great Bay National Wildlife Refuge

    Great Bay National Wildlife Refuge was authorized in December, 
1991, when an Act of Congress approved the transfer of 1,000 acres of 
land at Pease Air Force Base in Newington, New Hampshire to the Fish 
and Wildlife Service. The refuge was established August 11, 1992, with 
the signing of the transfer document. The refuge was established for 
the purposes (1) to encourage the natural diversity of plant, fish and 
wildlife species within the refuge, and to provide for their 

[[Page 61238]]
conservation and management, (2) to protect species listed as 
endangered or threatened, or identified as candidates for listing 
pursuant to the Endangered Species Act of 1973, (3) to preserve and 
enhance the water quality of aquatic habitats within the refuge, and 
(4) to fulfill the international treaty obligations of the United 
States relating to fish and wildlife.
    The refuge is located on the eastern shores of Great Bay. The 
refuge protects 922 acres of upland, 132 acres of wetlands, and 6.5 
miles of Great Bay's shoreline. Wetland habitat types include 64 acres 
of open (fresh water) impoundments, 37 acres of forested wetlands, and 
31 acres of salt marsh. The upland habitat includes 585 acres of 
hardwood forests interspersed with white pine, red pine, spruce, and 
fir, 200 acres of open (grasslands) area, and 137 acres of shrub 
dominate upland.
    Waterfowl are commonly seen throughout the year. In 1994 spring 
waterfowl migration peaked around mid-April with over 300 birds 
observed. In summer the refuge supports breeding waterfowl. Typically, 
the fall waterfowl migration is larger than spring. In 1994, fall 
migration peaked around the end of October with over 900 birds 
observed. The refuge also supports wintering black ducks when open 
water is available. With wetland restoration and wetland habitat 
management, the refuge will be able to attract and support more 
breeding waterfowl.
    Currently, the deer population is being monitored. High deer 
density and its effect on the habitat is the number one concern of the 
refuge. Habitat degradation can occur quickly and take many years to 
overcome. The refuge is constructing deer enclosures to monitor the 
condition of the habitat. An index of deer use during October and 
November has begun. A night spot-light count was conducted in 1993 and 
1994 to monitor deer populations during these months. The index results 
show an increase in deer observed from 4.7 deer/night in 1993 to 11.5 
deer/night in 1994. The University of New Hampshire is assisting the 
refuge in developing more detailed data. There is a need for deer 
harvesting due to the many years the Pease Air Force Base was off-
limits to all but military personnel. The hunting of deer was, 
therefore, quite limited.
    Opening the refuge to hunting has been found to be compatible in a 
separate compatibility determination. The hunting programs will be 
reviewed, as appropriate, to ensure that sensitive habitats are 
protected from disturbance. 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. 
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 hunting programs. Sufficient 
funds would be available within the refuge unit budget to operate the 
hunting programs 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 Public Law 104-13 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 used be compatible with the primary 
purposes for which the areas were established. The information 
requested in the applicable 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 the proposed hunting 
programs could increase the number of hunting licenses purchased and 
boost sales of hunting gear, the impact would not be considered 
significant as other surrounding areas are, also, open to hunting and 
the addition of the refuge to those areas open for hunting would be 
only proportionally relevant to small entities. Therefore, this 
proposed rule would have minimal effect on such entities.

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 Assessment, 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 
the opening will not affect any identified threatened or endangered 
species or critical habitat. These documents are on file at the offices 
of the Service, and may be reviewed by making preliminary arrangements 
with the primary author.

    Primary Author. Stephen R. Vehrs, 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.


Sec. 32.7  [Amended]

    2. Section 32.7  List of refuge units open to hunting and/or 
fishing is amended to add the alphabetical listing of Great Bay 
National Wildlife Refuge under the State of New Hampshire.
    3. Section 32.48  New Hampshire is added to read as follows:


Sec. 32.48  New Hampshire.

    The following refuge units have been opened to hunting and/or 
fishing, and are listed in alphabetical order with applicable refuge-
specific regulations.

[[Page 61239]]

Great Bay National Wildlife Refuge
    A. Hunting of Migratory Game Birds. Hunting of migratory game 
birds is permitted on designated areas of the refuge subject to the 
following conditions:
    1. Waterfowl hunting will not require a permit. Hunting will be 
allowed only from the immediate shoreline of the Bay.
    2. Only portable blinds are permitted. All decoys, blinds, and 
boats must be removed after each day's hunt.
    3. Waterfowl hunters will access shorelines by boat only.
    B. Upland Game Hunting. [Reserved]
    C. Big Game Hunting. Hunting of deer is permitted on designated 
areas of the refuge subject to the following conditions:
    1. Refuge permits are required for the deer hunt.
    2. Big game hunters are required to wear in a conspicuous manner 
on the head, chest and back a minimum of 400 square inches of solid-
colored blaze orange clothing or material.
    D. Sport Fishing. [Reserved]

    Dated: October 20, 1995.
George T. Frampton, Jr.,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 95-29106 Filed 11-28-95; 8:45 am]
BILLING CODE 4310-55-M