Je veux savoir à propos de…

Federal Register / Vol. 86, No. 166 / Tuesday, August 31, 2021 / Rules and Regulations
khammond on DSKJM1Z7X2PROD with RULES2

not inconsistent with the primary purposes for which Congress and the Service established the areas. The Recreation Act requires that any recreational use of refuge or hatchery lands be compatible with the primary purposes for which we established the refuge and not inconsistent with other previously authorized operations.
The Administration Act and Recreation Act also authorize the Secretary to issue regulations to carry out the purposes of the Acts and regulate uses.
We develop specific management plans for each refuge prior to opening it to hunting or sport fishing. In many cases, we develop station-specific regulations to ensure the compatibility of the programs with the purposes for which we established the refuge or hatchery and the Refuge and Hatchery System mission. We ensure initial compliance with the Administration Act and the Recreation Act for hunting and sport fishing on newly acquired land through an interim determination of compatibility made at or near the time of acquisition. These regulations ensure that we make the determinations required by these acts prior to adding refuges to the lists of areas open to hunting and sport fishing in 50 CFR
parts 32 and 71. We ensure continued compliance by the development of comprehensive conservation plans CCPs and step-down management plans, and by annual review of hunting and sport fishing programs and regulations.
Summary of Comments and Responses On May 4, 2021, we published in the Federal Register 86 FR 23794 a proposed rule to open sport fishing at one NFH, open seven NWRs that are currently closed to hunting and sport fishing, expand hunting and sport fishing at 83 other NWRs, and add pertinent station-specific regulations for other NWRs that pertain to migratory game bird hunting, upland game hunting, big game hunting, and sport fishing for the 20212022 season. We accepted public comments on the proposed rule for 60 days, ending July 6, 2021. By that date, we received more than 1,200 comments on the proposed rule. More than two-thirds of these comments were form letters or otherwise identical duplicates of other comments on the proposed rule, and the vast majority of those were submitted by one organization and were supportive of the rule. The majority of the substantive comments on the proposed rule stated that the Service should prohibit lead ammunition and tackle on some or all stations. The Service recognizes that
VerDate Sep<11>2014

20:40 Aug 30, 2021

Jkt 253001

lead is an important issue and will continue to appropriately evaluate and regulate lead ammunition and tackle on Service lands and waters. We discuss the remaining unique comments we received below by topic. Beyond our responses below, additional stationspecific information on how we responded to comments on particular hunting or fishing opportunities at a given refuge or hatchery can be found in that stations final hunting and/or fishing package, each of which can be located online at: https www.fws.gov/
refuges/hunting/rules-regulations-andimproved-access/.
Comment 1: We received a substantial number of comments expressing general support for the proposed changes in the rule. Of the unique comments on the rule, more than half were in general support of the proposed changes. These comments of general support either expressed appreciation for the increased hunting and fishing access in the rule overall, expressed appreciation for increased access at particular refuges, or both. In addition to this general support, some commenters requested additional hunting and fishing opportunities at specific stations or generally in several States.
Our Response: Hunting and fishing on U.S. Fish and Wildlife Service lands is a tradition that dates back to the early 1900s. In passing the Improvement Act, Congress reaffirmed that the Refuge System was created to conserve fish, wildlife, plants, and their habitats, and would facilitate opportunities for Americans to participate in compatible wildlife-dependent recreation, including hunting and fishing on Refuge System lands. We prioritize wildlifedependent recreation, including hunting and fishing, when doing so is compatible with the purpose of the refuge and the mission of the NWRS.
Hunting or fishing on hatcheries, unlike Refuge System lands, is authorized when such activity is not detrimental to the propagation and distribution of fish or other aquatic wildlife see 50 CFR
71.1.
We will continue to open and expand hunting and sport fishing opportunities across refuges and hatcheries; however, as detailed further in our response to Comment 2, below, opening or expanding hunting or fishing opportunities on Service lands is not a quick or simple process. The annual regulatory cycle begins in June or July of each year for the following hunting and sport fishing season the planning cycle for this 20212022 final rule began in June 2020. This annual timeline allows us time to collaborate closely
PO 00000

Frm 00003

Fmt 4701

Sfmt 4700

48823

with our State, Tribal, and Territorial partners, as well as other partners including nongovernmental organizations, on potential opportunities. It also provides us with time to complete environmental analyses and other requirements for opening or expanding new opportunities. Therefore, it would be impracticable for the Service to complete multiple regulatory cycles in one calendar year due to the logistics of coordinating with various partners.
Once we determine that a hunting or sport fishing opportunity can be carried out in a manner compatible with individual station purposes and objectives, we work expeditiously to open it.
We did not make any changes to the rule as a result of these comments.
Comment 2: Many commenters expressed general opposition to any hunting or fishing in the Refuge System.
Of the unique comments on the rule, less than one-fourth were in general opposition to the proposed changes without raising any substantive issues.
In many cases, commenters stated that hunting was antithetical to the purposes of a refuge, which, in their opinion, should serve as an inviolate sanctuary for all wildlife. Some of these commenters generically opposed expanded or new hunting or fishing opportunities at specific stations.
Our Response: The Service prioritizes facilitating wildlife-dependent recreational opportunities, including hunting and fishing, on Service land in compliance with applicable Service law and policy. For refuges, the Administration Act, as amended, stipulates that hunting along with fishing, wildlife observation and photography, and environmental education and interpretation, if found to be compatible, is a legitimate and priority general public use of a refuge and should be facilitated 16 U.S.C.
668dda3D. Thus, we only allow hunting of resident wildlife on Refuge System lands if such activity has been determined compatible with the established purposes of the refuge and the mission of the Refuge System as required by the Administration Act. For hatcheries, we allow hunting and fishing when such activity is determined not to be detrimental to the propagation and distribution of fish or other aquatic wildlife see 50 CFR 71.1.
For all 89 stations opening and/or expanding hunting and/or fishing in this rule, we determined that the proposed actions were compatible or would not have detrimental impacts.
Each station manager makes a decision regarding hunting and fishing
E:FRFM31AUR2.SGM

31AUR2