[Federal Register: September 25, 2003 (Volume 68, Number 186)]
[Rules and Regulations]
[Page 55315-55317]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr25se03-7]
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DEPARTMENT OF THE INTERIOR
National Park Service
36 CFR Part 7
RIN 1024-AD12
New River Gorge National River Hunting Regulation
AGENCY: National Park Service (NPS), Interior.
ACTION: Interim final rule.
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SUMMARY: The National Park Service (NPS) is promulgating this interim
final rule to authorize the continuation of hunting as it presently
exists at New River Gorge National River (the park) in West Virginia.
The park's 1978 enabling legislation gives the NPS discretionary
authority to permit hunting in the park. An NPS regulation adopted in
1983 requires us to adopt an individual, or special, regulation for
parks that have been authorized by Congress to permit hunting as a
discretionary activity. This rulemaking creates such a regulation for
the park. The rule assimilates the existing West Virginia State hunting
program and applicable laws. The adoption of this rule will result in
no changes to the way hunting has taken place since the park was
authorized in 1978. The NPS is publishing this rule without a prior
proposal because we believe this action is not controversial and we do
not expect any significant opposition to this procedural action.
DATES: Effective: September 25, 2003. There is no deadline for sending
comments on this interim final rule.
ADDRESSES: Comments should be sent to the Superintendent by mail to
National Park Service, Park Headquarters, New River Gorge NR, P.O. Box
246, Glen Jean, West Virginia 25846; or by e-mail to neri_hunting@nps.gov; or by fax to (304) 465-6559.
FOR FURTHER INFORMATION CONTACT: Gary Hartley, Chief Ranger, National
Park Service, New River Gorge NR, P.O. Box 246, Glen Jean, West
Virginia, 25846. Telephone: (304) 465-0508. Fax: (304) 465-6559. Email: neri_hunting@nps.gov
SUPPLEMENTARY INFORMATION:
Background
A. Why Is This Rule Necessary?
Congress specifies the appropriate uses for units of the national
park system as they are created. Of the 388 units of the national park
system, 57 allow hunting and 331 do not. Congress specifically
authorized hunting as a discretionary activity when it authorized the
New River Gorge National River in 1978. Hunting has been a popular
recreational and subsistence pastime since then, managed by the park in
consultation with, and under the laws of, the State of West Virginia.
Part 2 of the NPS general regulations (36 CFR Part 2) concerns
resource protection, public use and recreation. As amended in 1983,
Section 2.2(b)(2) requires that, in cases where Congress has authorized
(but not mandated) hunting within the boundaries of a national park
area, the park superintendent must determine that the activity is
consistent with public safety and enjoyment, and sound resource
management principles for that particular park. With publication of
this special regulation the park will be in compliance with that
requirement.
B. Where Does This Rule Apply?
This rule applies only to hunting on lands within the boundaries of
New River Gorge National River. The two other national park system
units in West Virginia (i.e., Gauley River National Recreation Area and
Bluestone National Scenic River) are mandated to allow hunting and do
not require a special regulation in order for it to occur.
C. What Decisions Has the NPS Made in This Rule?
This rule:
(1) Puts into regulation what has been occurring in practice since
before the park was authorized in 1978.
(2) Assures compliance with NPS general regulations concerning
hunting.
(3) Specifies that hunting, where allowed, will be conducted in
accordance with the laws of the State of West Virginia.
(4) Does not add new Federal requirements to the State hunting
regulation for the New River Gorge National River.
(5) Continues to allow the Superintendent to exercise discretion in
how lands within the park boundary are managed.
D. Why Does the NPS Want To Allow Hunting To Continue at New River
Gorge National River?
(1) Hunting has a long tradition and a popular following within
West Virginia. Some residents depend on hunting as a source of food for
themselves and their families.
(2) The park General Management Plan, adopted in 1982, had wide
public input. At that time, a determination was made that hunting was
an appropriate activity and consistent with the purposes of the park.
If public comments on this rule raise issues about the appropriateness
of hunting, they will be considered during the development of a new
General Management Plan, scheduled to begin this Fall.
(3) Hunting has occurred for the past two decades without
significant safety problems and has not had unacceptable impacts on
other visitor or management activities.
(4) Hunting has not caused unacceptable impacts to hunted species
nor to other species in the park.
E. What Is the Effect of This Interim Final Rule?
This rule allows hunting to continue in the park. We do not expect
the addition of this Part 7 regulation to change hunting within the
park in any substantive way. The regulation does not impose any new
requirements, such as a separate permit, license, or fee, nor does it
affect West Virginia's authority to otherwise regulate hunting
practices. It satisfies the requirement for the park to have a special
regulation that recognizes hunting as an activity allowed within the
park's boundaries.
F. Why Wasn't There a Proposed Rule Before Today's Interim Final Rule?
The NPS recognizes that new rules are ordinarily afforded a comment
period before going into effect. For this interim regulation, however,
we have determined under 5 U.S.C. 553(b)(B) and 318 DM 5.3 that it
would be unnecessary and contrary to the public interest to delay the
effective date to accommodate notice and comment procedures. This
decision is based on the following reasons:
(1) This rule simply codifies existing practice. It is necessary in
order to comply with an NPS procedural requirement, but it will not
result in any substantive changes in the existing hunting or other
programs at New River Gorge National River.
(2) No particular public interest in the content of this rule is
expected. Though the NPS has received one comment letter alerting it to
the procedural need for this rulemaking, neither that letter nor any
other source has suggested any public interest in the content of this
special regulation. We believe this action is not controversial and do
not expect any significant opposition to it.
(3) Delaying implementation of this rule could prevent it from
being in place in time for the opening of the regular hunting season in
West Virginia. If the lands normally open to hunting within the
boundary of the National River are not available for the upcoming
hunting season, it will adversely affect a popular and successful
hunting program and create confusion as to the status of
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hunting at New River Gorge and surrounding areas. The harm to the
public from such a procedural delay should be avoided, given the
probable lack of public interest in the content of this rule. The NPS
still welcomes comments on this interim final rule, and will consider
them as part of our update of the National River's General Management
Plan (GMP), which is scheduled to begin in Fall 2003. The update of the
GMP will consider a full range of park management issues, including
hunting. If we determine that it is necessary to change this rule, the
changes will be proposed as part of the GMP process, and the public
will have further opportunity to comment.
G. When Does This Rule Go Into Effect?
This rule is effective immediately. The NPS recognizes that new
rules ordinarily go into effect thirty days after publication in the
Federal Register. For this interim regulation, however, we have
determined under 5 U.S.C. 553(d) and 318 DM 6.25 that this rule should
be effective immediately. This rule relieves the ordinary restrictions
on hunting and does not require a delay in its effective date. In
addition, good cause exists for an immediate effective date for the
following reasons:
(1) Normally, the purpose of a delayed effective date is to give
affected parties a chance to learn about a new regulation and how to
comply with it. Such a delay is not needed here because this rule
simply maintains the status quo and does not change anything for the
affected parties (hunters).
(2) As discussed above, delaying implementation of this rule could
prevent it from being in place in time for the opening of regular
hunting season in West Virginia, and would thus adversely affect the
public. The harm to the public from such a procedural delay should be
avoided, given the lack of any benefit to the public in delaying the
effective date.
Compliance With Laws, Executive Orders and Department Policy
Regulatory Planning and Review (Executive Order 12866)
This rule is not significant and is not subject to review by the
Office of Management and Budget under Executive Order 12866.
(1) This rule will not have an effect of $100 million or more on
the economy. It will not adversely affect in a material way the
economy, productivity, competition, jobs, the environment, public
health or safety, or State, local, or tribal governments or
communities. This action authorizes the continued application of State
requirements for the purpose of hunting within the New River Gorge
National River. It imposes no additional requirements beyond those
already imposed by State law.
(2) This rule will not create inconsistencies with other agencies'
actions or otherwise interfere with an action taken or planned by
another agency. It follows other land management agencies and other
national park areas in recognizing the role of the State in the
management of hunting.
(3) This rule does not alter the budgetary effects or entitlements,
grants, user fees, or loan programs, or the rights or obligations of
their recipients. This rule does not impose any new requirements or in
any way change the existing program.
(4) This rule does not raise novel legal or policy issues. This
rule is consistent with the park legislation and NPS general
regulations.
Regulatory Flexibility Act
The Department of the Interior certifies that this rule will not
have a significant economic effect on a substantial number of small
entities under the Regulatory Flexibility Act (5 U.S.C. 602 et seq.).
The overall economic effects of this rulemaking will be negligible,
since there will be no change to longstanding practices. This action
authorizes pre-existing requirements under Federal and State law for
the purpose of hunting within the boundaries of New River Gorge
National River. It does not impose any enforceable duty beyond that
required by existing Federal and State law. There are no expected
increases in costs or prices for consumers, individual industries, or
State or local governments.
Small Business Regulatory Enforcement Fairness Act (SBREFA)
This rule is not a major rule under 5 U.S.C. 804(2), the Small
Business Regulatory Enforcement Fairness Act. This rule:
(1) Does not have an annual effect on the economy of $100 million
or more.
(2) Will not cause a major increase in costs or prices for
consumers, individual industries, Federal, State, or local government
agencies, or geographic regions.
(3) Does not have significant adverse effects on competition,
employment, investment, productivity, innovation, or the ability of
U.S.-based enterprises to compete with foreign-based enterprises.
Unfunded Mandates Reform Act
This rule does not impose an unfunded mandate on State, local, or
tribal governments or the private sector of more than $100 million per
year. The rule does not have a significant or unique effect on State,
local or tribal governments or the private sector. A statement
containing the information required by the Unfunded Mandates Reform Act
(2 U.S.C. 1531 et seq.) is not required. This action will not have
substantial direct effects on the State, on the relationship between
the national government and the State, or on the distribution of power
and responsibilities among the various levels of government.
Takings (Executive Order 12630)
In accordance with Executive Order 12630, the rule does not have
significant takings implications. A takings assessment is not required.
This rule will not alter property rights.
Federalism (Executive Order 12612)
In accordance with Executive Order 12612, the rule does not have
sufficient federalism implications to warrant the preparation of a
Federalism Assessment. A Federalism Assessment is not required since
this rule applies only to the State of West Virginia and does not alter
the State's authority to develop and implement a hunting program.
Civil Justice Reform (Executive Order 12988)
In accordance with Executive Order 12988, the Office of the
Solicitor has determined that this rule does not unduly burden the
judicial system and meets the requirements of sections 3(a) and 3(b)(2)
of the Order. This rule will not impose a new burden on the judicial
system.
Paperwork Reduction Act
This regulation does not require an information collection from 10
or more parties and a submission under the Paperwork Reduction Act is
not required. An OMB form 83-I is not required.
National Environmental Policy Act
The 1982 New River Gorge National River General Management Plan and
Environmental Assessment (GMP) considered the issue of hunting within
the boundary of the park, and found that it was appropriate to have
this traditional use continue.
Subsequent to the approval of the GMP, the NPS promulgated a
regulation that requires parks to pass special regulations to permit
hunting, where it is authorized and where the
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superintendent has determined that such activity is consistent with
public safety and enjoyment, and sound resource management principles.
The NPS has reviewed the previous GMP/EA and the environmental impacts
associated with implementing this regulation and has analyzed whether
environmental changes since the original issuance of the environmental
assessment would trigger additional compliance activities under the
National Environmental Policy Act of 1969. Based on that review, the
NPS has determined that the regulation is not in conflict with the
Final GMP and that there have been no changes to conditions that would
require additional NEPA compliance. In addition, when viewed in the
context of current Department of the Interior and NPS standards of
review, the regulation is covered by a categorical exclusion (516 DM 6,
Appendix 7.4 A.10; RM 12.3.4.A(8)), and no exceptions to categorical
exclusions (516 DM 2, Appendix 2; RM-12.3.5) apply to the regulation.
As a result, the NPS is not legally required to prepare, and has not
prepared, either an additional environmental assessment or an
Environmental Impact Statement.
Government-to-Government Relationship With Tribes
In accordance with Executive Order 13175 ``Consultation and
Coordination with Indian Tribal Governments'' (65 FR 67249), the
President's memorandum of April 29, 1994, ``Government-to-Government
Relations with Native American Tribal Governments'' (59 FR 22951), and
512 DM 2 we have evaluated potential effects on Federally recognized
Indian tribes and have determined that there are no potential effects;
the rule will simply continue an activity that has been ongoing since
before the NPS.
Public Comment Solicitation
If you wish to comment, you may submit your comments by any one of
several methods. You may:
(1) Mail or hand deliver comments to the park Superintendent at
National Park Service, Park Headquarters, New River Gorge NR, P.O. Box
246, Glen Jean, West Virginia 25846. (2) Send comments by e-mail to neri_hunting@nps.gov; or by fax to
(304) 465-6559. (3) Comment via the Internet to neri_hunting@nps.gov.
Please include ``NERI Hunting Rule'' in the subject line and your
name and return address in the body of your message. Our practice is to
make comments, including names and addresses of respondents, available
for public review during regular business hours. Individual respondents
may request that we withhold their home address from the rulemaking
record which we will honor to the extent allowable by law. If you wish
us to withhold your name and/or address, you must state this
prominently at the beginning of your comment. However, we will not
consider anonymous comments. We will make all submissions from
organizations or businesses and from individuals identifying themselves
as representatives or officials or organizations or businesses,
available for public inspection in their entirety.
Clarity of This Regulation
Executive Order 12866 requires each agency to write regulations
that are easy to understand. We invite your comments on how to make
this rule easier to understand, including answers to questions such as
the following: (1) Are the requirements in the rule clearly stated? (2)
Does the rule contain technical language or jargon that interferes with
its clarity? (3) Does the format of the rule (grouping and order of
sections, use of headings, paragraphing, etc.) aid or reduce its
clarity? (4) Would the rule be easier to read if it were divided into
more (but shorter) sections? (A ``section'' appears in bold type and is
preceded by the symbol ``Sec. '' and a numbered heading; for example
Sec. 7.89 New River Gorge National River.) (5) Is the description of
the rule in the ``Supplementary Information'' section of the preamble
helpful in understanding the proposed rule? What else could we do to
make the rule easier to understand? Send a copy of any comments that
concern how we could make this rule easier to understand to: Office of
Regulatory Affairs, Department of the Interior, Room 7229, 1849 C
Street, NW, Washington, DC 20240. You may also e-mail the comments to this address: Exsec@ios.doi.gov.
Drafting Information: The primary authors of this regulation were
Patricia Sheehan, NPS Northeast Regional Office; Chick Fagan, NPS
Office of Policy and Regulations; Calvin Hite, Superintendent, New
River Gorge National River; and Jason Waanders, Office of the
Solicitor, Department of the Interior.
List of Subjects in 36 CFR Part 7
District of Columbia, National parks, Reporting and recordkeeping
requirements.
The Interim Final Rule
0
For the reasons stated in the preamble, the NPS amends the Special
Regulations, Areas of the National Park System (36 CFR part 7) to read
as follows:
PART 7--SPECIAL REGULATIONS, AREAS OF THE NATIONAL PARK SYSTEM
0
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).
0
2. Add Sec. 7.89 to read as follows:
Sec. 7.89 New River Gorge National River.
(a) Hunting. (1) May I hunt within New River Gorge National River?
Yes, you may hunt if you:
(i) Possess a valid West Virginia State hunting license or permit,
or are exempt under provisions of West Virginia law.
(ii) Comply with the hunting seasons, harvest limits, and any other
conditions established by the State of West Virginia.
(iii) Do not violate any closures or limitations established by the
Superintendent for reasons of public safety, resource protection, or
other management considerations.
(2) Do West Virginia state hunting laws apply within New River
Gorge National River? Yes, non-conflicting State hunting laws are
adopted as part of the regulations in this section and apply within New
River Gorge National River.
(b) [Reserved]
Dated: September 9, 2003.
Craig Manson,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 03-24174 Filed 9-24-03; 8:45 am]
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