[Federal Register Volume 61, Number 171 (Tuesday, September 3, 1996)]
[Rules and Regulations]
[Pages 46379-46380]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-22331]
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DEPARTMENT OF THE INTERIOR
National Park Service
36 CFR Part 7
RIN 1024-AC52
Lassen Volcanic National Park
AGENCY: National Park Service, Interior.
ACTION: Final rule.
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SUMMARY: The National Park Service (NPS) is removing the current
regulations concerning boating, fishing and limit of catch in Lassen
Volcanic National Park. With this deletion, the park will allow for
catch and release fishing only, using a barbless hook, when fishing at
Manzanita Lake. The existing regulation allows for the taking of native
fish species (rainbow trout) in this small fishery. The taking of the
native species has and would continue to adversely affect native
species composition if allowed to continue. The NPS intends to maintain
and, where necessary, restore the aquatic ecosystem to a natural state
while allowing recreational fishing to continue at levels that allow
natural processes to continue. The park will continue to manage
boating, a restricted fishing season, closed waters, limits of catch
and the catch and release program through the Superintendent's
Compendium.
EFFECTIVE DATE: This final rule becomes effective on September 3, 1996.
FOR FURTHER INFORMATION CONTACT: Gilbert E. Blinn, Lassen Volcanic
National Park, P.O. Box 100, Mineral, CA 96063.
SUPPLEMENTARY INFORMATION:
Background
This final rule addresses a problem where a special park regulation
(36 CFR 7.11) was not removed at the time improved management means
were instituted to manage boating, fishing and limit of catch at Lassen
Volcanic National Park. Operation of motorboats on all waters in the
park and the closure to all vessels on four of the lakes within the
park is now documented and addressed in Superintendent's Compendium
under the authority found at 36 CFR 1.5, Closures and public use
limits. Fishing restrictions on Grassy Creek during certain months of
the year, and closure of certain other waters to fishing is also
documented and addressed in the Superintendent's Compendium.
In 1976, fish stocking of Manzanita Lake was discontinued after 44
years of almost annual stocking due to the policy of the NPS to cease
artificial management of natural resources. In 1982, due to
observations that the fishery at Manzanita Lake was declining, a
fisheries study of the lake was conducted. As a result of this study,
two recommendations were made for Manzanita Lake: (1) Reduce the
current limit of 5 trout or 5 pounds and 1 trout, to 1 or 2 fish of 18
inches or more; or (2) designate the lake as catch and release only,
using artificial lures and barbless hooks. In 1984, the California Game
and Fish Commission recommended that the NPS adopt regulations for
catch and release fishing only using artificial lures with a barbless
hook in Manzanita Lake.
In March of 1985, in order to restore natural aquatic ecosystems
while allowing recreational fishing in Manzanita Lake, the park adopted
catch and release fishing with artificial lures and barbless hooks.
This is addressed in the Superintendent's Compendium.
Other management options considered included leaving the current
regulation in place and returning to more consumptive methods of
fishing. Continuing fishery studies and public comment favor the catch
and release fishing method. Closures and restrictions are documented
and addressed in the Superintendent's
[[Page 46380]]
Compendium and need not be repeated in the special regulations.
The deletion of the existing rule allows the park to continue to
restore the natural aquatic ecosystem while allowing recreational
fishing in all park waters. Closures and restrictions have been in
place in the park for over 20 years and are fully accepted and
supported by the visiting public and the State of California.
Administrative Procedure Act
In accordance with the Administrative Procedure Act (5 U.S.C.
553(b)(B)), the NPS is promulgating this rule under the ``good cause''
exception of the Act from general notice and comment rulemaking. As
discussed above, the NPS believes this exception is warranted because
the existing regulations are no longer used and have not been used for
over 20 years. This final rule will not impose any additional
restrictions on the public and comments on this rule are deemed
unnecessary. Based upon this discussion, the NPS finds pursuant to 5
U.S.C. 533(b)(B) that it would be contrary to the public interest to
publish this rule through general notice and comment rulemaking.
The NPS also believes that publishing this final rule 30 days prior
to the rule becoming effective would be counterproductive and
unnecessary for the reasons discussed above. A 30-day delay in this
instance would be unnecessary and contrary to the public interest.
Therefore, under the ``good cause'' exception of the Administrative
Procedure Act (5 U.S.C. 553(d)(3)), it has been determined that this
final rulemaking is excepted from the 30-day delay in the effective
date and will therefore become effective on the date published in the
Federal Register.
Drafting Information
The primary authors of this rule are Bryan Swift, Chief Ranger of
Lassen Volcanic National Park, and Dennis Burnett, Washington Office of
Ranger Activities, National Park Service.
Paperwork Reduction Act
This final rule does not contain collections of information
requiring approval by the Office of Management and Budget under the
Paperwork Reduction Act of 1995.
Compliance With Other Laws
This rule was not subject to Office of Management and Budget review
under Executive Order 12866. The Department of the Interior determined
that this document will not have a significant economic effect on a
substantial number of small entities under the Regulatory Flexibility
Act (5 U.S.C. 601 et seq.). The economic effects of this rulemaking are
local in nature and negligible in scope.
The NPS has determined and certifies pursuant to the Unfunded
Mandates Reform Act (2 U.S.C. 1502 et seq.), that this rule will not
impose a cost of $100 million or more in any given year on local, State
or tribal governments or private entities.
The NPS has determined that this rule will not have a significant
effect on the quality of the human environment, health and safety
because it is not expected to:
(a) Increase public use to the extent of comprising the nature and
character of the area or causing physical damage to it;
(b) Introduce non-compatible uses that may compromise the nature
and characteristics of the area, or cause physical damage to it;
(c) Conflict with adjacent ownerships or lands uses; or
(d) Cause a nuisance to adjacent owners or occupants.
Based upon this determination, this final rule is categorically
excluded from the procedural requirements of the National Policy Act
(NEPA) by Departmental regulations in 516 DM 6 (49 FR 21438). As such,
neither an Environmental Assessment (EA) nor an Environmental Impact
Statement (EIS) has been prepared.
List of Subjects in 36 CFR Part 7
National parks, Reporting and recordkeeping requirements.
In consideration of the foregoing, 36 CFR Chapter I is amended as
follows:
PART 7--SPECIAL REGULATIONS, AREAS OF THE NATIONAL PARK SYSTEM
1. The authority citation for Part 7 continues to read as follows:
Authority: 16 U.S.C. 1, 3, 9a, 460(q), 462(k); Sec. 7.96 also
issued under D.C. Code 8-137 (1981) and D.C. Code 40-721 (1981).
Sec. 7.11 [Removed]
2. Section 7.11 is removed.
Dated: August 15, 1996.
George T. Frampton, Jr.,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 96-22331 Filed 8-30-96; 8:45 am]
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