Federal Register - August 31, 2021
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Source: Federal Register
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Federal Register / Vol. 86, No. 166 / Tuesday, August 31, 2021 / Rules and Regulations Background
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service 50 CFR Parts 32 and 71
Docket No. FWSHQNWRS20210027;
FXRS12610900000212FF09R20000
RIN 1018BF09
20212022 Station-Specific Hunting and Sport Fishing Regulations Fish and Wildlife Service, Interior.
ACTION: Final rule.
AGENCY:
We, the U.S. Fish and Wildlife Service Service, open, for the first time, seven National Wildlife Refuges NWRs that are currently closed to hunting and sport fishing. In addition, we open or expand hunting and sport fishing at 81 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 also open hunting or sport fishing on one unit of the National Fish Hatchery System NFH. We add pertinent station-specific regulations that pertain to migratory game bird hunting, upland game hunting, big game hunting, and sport fishing at this NFH
for the 20212022 season. Finally, we make regulatory changes to existing station-specific regulations in order to reduce the regulatory burden on the public, increase access for hunters and anglers on Service lands and waters, and comply with a Presidential mandate for plain language standards.
DATES: This rule is effective August 31, 2021.
ADDRESSES: This final rule, its supporting documents, and the comments we received on the May 4, 2021, proposed rule 86 FR 23794 are available at http www.regulations.gov at Docket No. FWSHQNWRS2021
0027.
Information collection requirements:
Written comments and suggestions on the information collection requirements may be submitted at any time to the Service Information Collection Clearance Officer, U.S. Fish and Wildlife Service, 5275 Leesburg Pike, MS: PRB JAO/3W, Falls Church, VA
220413803 mail; or Info_Coll@fws.gov email. Please reference OMB Control Number 10180140 in the subject line of your comments.
FOR FURTHER INFORMATION CONTACT:
Christian Myers, 571 4223595.
SUPPLEMENTARY INFORMATION:
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SUMMARY:
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The National Wildlife Refuge System Administration Act of 1966 16 U.S.C.
668dd668ee, as amended Administration Act, closes NWRs in all States except Alaska to all uses until opened. The Secretary of the Interior Secretary may open refuge areas to any use, including hunting and/or sport fishing, upon a determination that the use is compatible with the purposes of the refuge and National Wildlife Refuge System mission. The action also must be in accordance with provisions of all laws applicable to the areas, developed in coordination with the appropriate State fish and wildlife agencyies, consistent with the principles of sound fish and wildlife management and administration, and otherwise in the public interest. These requirements ensure that we maintain the biological integrity, diversity, and environmental health of the Refuge System for the benefit of present and future generations of Americans.
We annually review hunting and sport fishing programs to determine whether to include additional stations or whether individual station regulations governing existing programs need modifications. Changing environmental conditions, State and Federal regulations, and other factors affecting fish and wildlife populations and habitat may warrant modifications to station-specific regulations to ensure the continued compatibility of hunting and sport fishing programs and to ensure that these programs will not materially interfere with or detract from the fulfillment of station purposes or the Services mission.
Provisions governing hunting and sport fishing on refuges are in title 50 of the Code of Federal Regulations at part 32 50 CFR part 32, and on hatcheries at part 71 50 CFR part 71. We regulate hunting and sport fishing to:
Ensure compatibility with refuge and hatchery purposes;
Properly manage fish and wildlife resources;
Protect other values;
Ensure visitor safety; and Provide opportunities for fishand wildlife-dependent recreation.
On many stations where we decide to allow hunting and sport fishing, our general policy of adopting regulations identical to State hunting and sport fishing regulations is adequate in meeting these objectives. On other stations, we must supplement State regulations with more-restrictive Federal regulations to ensure that we meet our management responsibilities, as outlined under Statutory Authority,
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below. We issue station-specific hunting and sport fishing regulations when we open wildlife refuges and fish hatcheries to migratory game bird hunting, upland game hunting, big game hunting, or sport fishing. These regulations may list the wildlife species that you may hunt or fish; seasons; bag or creel container for carrying fish limits; methods of hunting or sport fishing; descriptions of areas open to hunting or sport fishing; and other provisions as appropriate.
Statutory Authority The Administration Act, as amended by the National Wildlife Refuge System Improvement Act of 1997 Improvement Act; Pub. L. 10557, governs the administration and public use of refuges, and the Refuge Recreation Act of 1962 16 U.S.C. 460k460k4
Recreation Act governs the administration and public use of refuges and hatcheries.
Amendments enacted by the Improvement Act were built upon the Administration Act in a manner that provides an organic act for the Refuge System, similar to organic acts that exist for other public Federal lands. The Improvement Act serves to ensure that we effectively manage the Refuge System as a national network of lands, waters, and interests for the protection and conservation of our Nations wildlife resources. The Administration Act states first and foremost that we focus our Refuge System mission on conservation of fish, wildlife, and plant resources and their habitats. The Improvement Act requires the Secretary, before allowing a new use of a refuge, or before expanding, renewing, or extending an existing use of a refuge, to determine that the use is compatible with the purpose for which the refuge was established and the mission of the Refuge System. The Improvement Act established as the policy of the United States that wildlife-dependent recreation, when compatible, is a legitimate and appropriate public use of the Refuge System, through which the American public can develop an appreciation for fish and wildlife. The Improvement Act established six wildlife-dependent recreational uses as the priority general public uses of the Refuge System. These uses are hunting, fishing, wildlife observation and photography, and environmental education and interpretation.
The Recreation Act authorizes the Secretary to administer areas within the Refuge System and Hatchery System for public recreation as an appropriate incidental or secondary use only to the extent that doing so is practicable and
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