National Wildlife Refuge System Mission and Goals and Refuge Purposes Policy pdf file

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							                                                                               Tuesday,
                                                                               January 16, 2001




                                                                               Part III

                                                                               Department of the
                                                                               Interior
                                                                               Fish and Wildlife Service

                                                                               Draft Policy on National Wildlife Refuge
                                                                               System: Mission, Goals, and Purposes;
                                                                               Notice
                                                                               Draft Appropriate Refuge Uses Policy
                                                                               Pursuant to the National Wildlife Refuge
                                                                               System Improvement Act of 1997; Notice
                                                                               Draft Wildlife-Dependent Recreational
                                                                               Uses Policy Pursuant to the National
                                                                               Wildlife Refuge System Improvement Act
                                                                               of 1997; Notice
                                                                               Draft Wilderness Stewardship Policy
                                                                               Pursuant to the Wilderness Act of 1964;
                                                                               Notice




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3668                      Federal Register / Vol. 66, No. 10 / Tuesday, January 16, 2001 / Notices

DEPARTMENT OF THE INTERIOR                           System mission. It states that we shall                     E. Conserve and restore as appropriate
                                                     manage each refuge to fulfill the mission               representative ecosystems of the United
Fish and Wildlife Service                            of the System, as well as the specific                  States, including the ecological
[1018–AG46]                                          purpose(s) for which that refuge was                    processes characteristic of those
                                                     established.                                            ecosystems; and
Draft Policy on National Wildlife                       The NWRSIA–1997 also provides a                          F. To foster understanding and instill
Refuge System: Mission, Goals, and                   clear hierarchy of activities: wildlife                 appreciation of native fish, wildlife, and
Purposes                                             conservation, wildlife-dependent                        plants, and their conservation, by
                                                     recreational uses, and other uses. This                 providing the public with safe, high-
AGENCY: Fish and Wildlife Service,                   chapter reinforces this hierarchy and                   quality, and compatible wildlife-
Interior.                                            allows us to articulate our goals for the               dependent public use. Such use
ACTION: Notice.                                      System, given the direction this new                    includes hunting, fishing, wildlife
                                                     legislation provides. We will                           observation and photography, and
SUMMARY: We propose to adopt a policy
                                                     incorporate this chapter in the Service                 environmental education and
articulating the mission of the National                                                                     interpretation.
                                                     Manual as 601 FW 1, replacing 2 RM 1
Wildlife Refuge System (System),                                                                                 Section 1.7 describes each of these
                                                     ‘‘Objectives of the National Wildlife
establishing its goals, and providing                                                                        goals in more detail and justification for
                                                     Refuge System,’’ which has been in
guidance for identifying or determining                                                                      why each goal is appropriate for the
                                                     effect since 1982. The complete text of
the purpose(s) of individual refuge units                                                                    System.
                                                     the policy concludes this document, but
within the System. We propose that this                                                                          Section 1.8 explains the relationship
                                                     the following is a overview of the
policy be incorporated into the Fish and                                                                     the identified goals have to our
                                                     chapter.
Wildlife Service Manual. The chapter                                                                         management priorities. It reiterates the
will be consistent with the principles               Overview of the Draft National Wildlife                 priorities established in the NWRSIA–
contained within the National Wildlife               Refuge System: Mission, Goals, and                      1997 to be: (1) Wildlife, (2) wildlife-
Refuge System Administration Act of                  Purposes Policy                                         dependent uses, and (3) other uses.
1966 (NWRSAA–1966), as amended by                                                                                Section 1.9 discusses how we will use
                                                        Section 1.1 presents the purpose of
the National Wildlife Refuge System                                                                          these System goals to provide the
                                                     the chapter.
Improvement Act of 1997 (NWRSIA–                                                                             philosophical foundation of the System;
                                                        Section 1.2 explains that this chapter
1997), including recognizing the priority                                                                    to consider when developing wildlife
                                                     applies to national wildlife refuges,
for management activities set forth in                                                                       population and habitat goals and
                                                     waterfowl production areas, and
the NWRSIA–1997 (wildlife, wildlife-                                                                         objectives; to guide the land acquisition
                                                     coordination areas, which are all units
dependent uses, and other uses) in                                                                           decision-making process; and in making
                                                     of the System. It does not apply to
setting and achieving refuge goals and                                                                       determinations regarding appropriate
                                                     administrative sites or national fish
objectives.                                                                                                  uses and compatibility.
   The draft chapter also provides policy            hatcheries.
                                                        Section 1.3 describes how the System                     Section 1.10 describes what a ‘‘unit
on how the purpose(s) of refuge                                                                              purpose’’ is, quoting from the NWRSIA–
additions relate to the original refuge              mission and goals, and individual unit
                                                     purposes relate to each other. It                       1997.
purpose(s), and how wilderness                                                                                   Section 1.11 discusses the importance
designated under the Wilderness Act                  reiterates the NWRSIA–1997 language
                                                     that clearly provides for a unit’s                      of unit purposes.
can affect a refuge’s purpose(s). It also                                                                        Section 1.12 gives examples of unit
provides a decision-tree for how to                  purpose(s) to receive priority over the
                                                                                                             purposes, and explains that some may
determine refuge purpose(s) from                     System mission, should there be a
                                                                                                             be quite broadly written, while others
existing documentation.                              conflict between the two.
                                                                                                             may have a more narrow focus.
                                                        Section 1.4 describes the mission of                     Section 1.13 gives the references
DATES: Comments must be received by
                                                     the System.                                             where unit purposes can be found for
March 19, 2001.
                                                        Section 1.5 describes how the System                 each unit in the System.
ADDRESSES: Send comments concerning                  mission relates to the Service mission.
this draft policy via mail, fax, or email                                                                        Section 1.14 discusses how to
                                                     The network of lands and waters within                  determine which purpose(s) take
to: Barry Stieglitz, Acting Chief,                   the System clearly supports the Service
Division of Conservation Planning and                                                                        priority over others, if a particular unit
                                                     mission of ‘‘* * * working with others,                 has multiple purposes associated with
Policy, National Wildlife Refuge                     to conserve, protect, and enhance fish,
System, U.S. Fish and Wildlife Service,                                                                      it.
                                                     wildlife, and plants and their habitats                     Section 1.15 discusses the
4401 N. Fairfax Drive, Room 670,                     for the continuing benefit of the
Arlington, Virginia, 22203; fax (703)                                                                        relationship of purposes for additions to
                                                     American people.’’                                      existing units affect the original
358–2248; email Mission_And_Goals_                      Section 1.6 lists the goals of the
Policy_Comments@fws.gov.                                                                                     purpose(s) of the established unit(s),
                                                     System. These are:                                      and vice versa.
FOR FURTHER INFORMATION CONTACT:                        A. To fulfill our statutory duty to                      Section 1.16 discusses how
Barry Stieglitz, National Wildlife Refuge            achieve refuge purpose(s) and further                   wilderness areas designated under the
System, U.S. Fish and Wildlife Service,              the System mission;                                     Wilderness Act (16 U.S.C. 1131–1136)
Telephone (703) 358–1744.                               B. Conserve, restore where                           affect a unit’s purpose(s).
SUPPLEMENTARY INFORMATION: The                       appropriate, and enhance all species of                     Section 1.17 provides a process for
NWRSIA–1997 (Pub. L. 105–57) amends                  fish, wildlife, and plants that are                     determining the purpose(s) of units of
and builds upon the NWRSAA–1966 (16                  endangered or threatened with                           the System. It is a decision-tree that
U.S.C. 668dd–668ee), providing an                    becoming endangered;                                    guides you through establishment/
‘‘Organic Act’’ for the System. It clearly              C. Perpetuate migratory bird,                        authorization methods and what other
establishes that wildlife conservation is            interjurisdictional fish, and marine                    references you may need when purposes
the singular mission of the System and               mammal populations;                                     have not been clearly articulated in
affirms the importance of refuge                        D. Conserve a diversity of fish,                     establishment/authorization documents.
purposes as they relate to the broader               wildlife, and plants;                                   It also specifies that the Director of the


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                          Federal Register / Vol. 66, No. 10 / Tuesday, January 16, 2001 / Notices                                                    3669

Service must approve purposes in cases               frindex.html during the 60-day                          occurring on national wildlife refuges.
where establishing/authorizing                       comment period.                                         There will not be a change in the total
documents do not articulate the                                                                              benefits of permitted public uses
                                                     Required Determinations
purpose(s).                                                                                                  activities on national wildlife refuges.
                                                     Regulatory Planning and Review                            b. This document will not create a
Comment Solicitation                                                                                         serious inconsistency or otherwise
  If you wish to comment, you may                       In accordance with the criteria in
                                                                                                             interfere with an action taken or
submit your comments by any one of                   Executive Order 12866, this document
                                                                                                             planned by another agency since the
several methods. You may mail                        is not a significant regulatory action.
                                                                                                             document pertains solely to
comments to: Barry Stieglitz, National               The Office of Management and Budget
                                                                                                             management of national wildlife refuges
Wildlife Refuge System, U.S. Fish and                (OMB) makes the final determination
                                                                                                             by the Service.
Wildlife Service, 4401 North Fairfax                 under Executive Order 12866.                              c. This document does not alter the
Drive—MS670, Arlington, VA 22203.                       a. This document will not have an                    budgetary effects or entitlements, grants,
You may comment via the Internet to:                 annual economic effect of $100 million                  user fees, or loan programs or the rights
Mission_And_Goals _Policy_                           or adversely affect an economic sector,                 or obligations of their recipients. There
Comments@fws.gov. Please submit                      productivity, jobs, the environment, or                 are no grants or other Federal assistance
Internet comments as an ASCII file,                  other units of government. A cost-                      programs associated with public use of
avoiding the use of special characters               benefit or full economic analysis is not                national wildlife refuges.
and any form of encryption. If you do                required. This document is                                d. This document does not raise novel
not receive a confirmation from the                  administrative and procedural in nature.                legal or policy issues; however, it does
system that we have received your                    This draft National Wildlife Refuge                     provide a hierarchy of activities
Internet message, contact us directly at             System policy provides for a hierarchy                  pursuant to the NWRSIA–1997
(703) 358–1744. You may also fax                     of activities and establishes the process               provisions that ensure that wildlife
comments to: Barry Stieglitz, National               for articulating the goals for the System.              conservation, wildlife-dependent
Wildlife Refuge System, (703) 358–2248.              This policy will have the effect of                     recreational uses and other uses are the
Finally, you may hand-deliver                        providing priority consideration for                    priority public uses of the System.
comments to the address mentioned                    wildlife conservation and wildlife-
above.                                               dependent recreational uses involving                   Regulatory Flexibility Act
  Our practice is to make comments,                  hunting, fishing, wildlife observation                     We certify that this document will not
including names and home addresses of                and photography, and environmental                      have a significant economic effect on a
respondents, available for public review             education and interpretation and other                  substantial number of small entities
during regular business hours.                       uses. Existing policy has been in place                 under the Regulatory Flexibility Act (5
Individual respondents may request that              since 1982. The NWRSIA–1997 does not                    U.S.C. 601 et seq.).
we withhold their home address from                  change this direction in public use, but                   Congress created the National
the record, which we will honor to the               provides legal recognition for the                      Wildlife Refuge System to conserve fish,
extent allowable by law. There also may              mission, goals, and purposes of the                     wildlife, and plants and their habitats
be circumstances in which we would                   System. We expect this articulated                      and facilitated this conservation mission
withhold from the record a respondent’s              policy will not cause a measurable                      by providing Americans opportunities
identity, as allowable by law. If you                economic effect to existing national                    to visit and participate in compatible
wish us to withhold your name and/or                 wildlife refuge public use programs.                    wildlife-dependent recreation (hunting,
address, you must state this                            The appropriate measure of the                       fishing, wildlife observation and
prominently at the beginning of your                 economic effect of changes in                           photography, and environmental
comment. However, we will not                        recreational use is the change in the                   education and interpretation) as priority
consider anonymous comments. We                      welfare of recreationists. We measure                   general public uses on national wildlife
will make all submissions from                       this in terms of willingness to pay for                 refuges and to better appreciate the
organizations or businesses and from                 the recreational opportunity. We                        value of, and need for, wildlife
individuals identifying themselves as                estimated total annual willingness to                   conservation.
representative or officials of                       pay for all recreation at national wildlife                This document is administrative and
organizations or businesses, available               refuges to be $372.5 million in Fiscal                  procedural in nature and provides for a
for public inspection in their entirety.             Year 1995 (Banking on Nature: The                       hierarchy of activities on refuges:
  We seek public comments on this                    Economic Benefits to Local                              wildlife conservation, wildlife-
draft policy and will take into                      Communities of National Wildlife                        dependent recreation and other uses.
consideration comments and any                       Refuge Visitation, DOI/FWS/Refuges                      Since uses of a national wildlife refuge
additional information received during               1997). We expect the policy                             are determined with the establishment
the 60-day comment period.                           implemented in this document will not                   of the refuge, which includes public
  We published a notice in the Federal               affect public uses of the Refuge System.                hearings, this policy will not affect
Register on January 23, 1998 (63 FR                  This does not mean that every refuge                    public uses of refuges, and
3583) notifying the public that we                   will have the same public uses. Public                  consequently, not affect any business
would be revising the Service Manual,                uses of a refuge are determined when a                  establishments in the vicinity of any
establishing regulations as they relate to           refuge is established and after public                  refuge.
the NWRSIA–1997, and offering to send                hearings are held. Only compatible uses                    National wildlife refuge visitation is a
copies of specific draft Service Manual              with the purpose of the refuge are                      small component of the wildlife
chapters to anyone who would like to                 proposed for public review and                          recreation industry as a whole. In 1996,
receive them. We will mail a copy of                 comment. This policy will provide for a                 77 million U.S. residents over 15 years
this draft Service Manual chapter to                 unit’s purposes to receive priority over                old spent 1.2 billion activity-days in
those who requested one. In addition,                System mission should there be a                        wildlife-associated recreation activities.
this draft Service Manual chapter will               conflict between the two.                               They spent about $30 billion on fishing,
be available on the Internet at http://                 This document will not make changes                  hunting, and wildlife watching trips
www.fws.gov/directives/library/                      in the amounts of public activities                     (Tables 49, 54, 59, 63, 1996 National


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3670                      Federal Register / Vol. 66, No. 10 / Tuesday, January 16, 2001 / Notices

Survey of Fishing, Hunting, and                         b. This document will not produce a                  variety of issues concerning our
Wildlife-Associated Recreation, DOI/                 Federal mandate of $100 million or                      administration of national wildlife
FWS/FA, 1997). National wildlife                     greater in any year, i.e., it is not a                  refuge uses. In accordance with 516 DM
refuges recorded about 29 million                    ‘‘significant regulatory action’’ under                 2, Appendix 1.10, we have determined
visitor-days that year (RMIS, FY1996                 the Unfunded Mandates Reform Act.                       that this document is categorically
Public Use Summary). A study of 1995                 See response to Regulatory Flexibility                  excluded from the NEPA process
national wildlife refuge visitors found              Act.                                                    because it is limited to policies,
their travel spending generated $401                                                                         directives, regulations and guidelines of
                                                     Takings
million in sales and 10,000 jobs for local                                                                   an administrative, financial, legal,
economies (Banking on Nature: The                      In accordance with Executive Order                    technical or procedural nature; or the
Economic Benefits to Local                           12630, the document does not have                       environmental effects of which are too
Communities of National Wildlife                     significant takings implications. A                     broad, speculative or conjectural to lend
Refuge Visitation, DOI/FWS/Refuges,                  takings implication assessment is not                   themselves to meaningful analysis. Site-
1997). These spending figures include                required. These regulations may result                  specific proposals, as indicated above,
spending which would have occurred in                in increased visitation at refuges and                  will be subject to the NEPA process.
the community anyway, and so they                    provide for minor changes to the
                                                     methods of public use permitted within                  Government-to-Government
show the importance of the activity in
                                                     the National Wildlife Refuge System.                    Relationship With Tribes
the local economy rather than its
incremental impact. Marginally greater               Refer to response under Regulatory                         In accordance with the President’s
recreational opportunities on national               Flexibility Act.                                        memorandum of April 29, 1994,
wildlife refuges will have little industry-                                                                  ‘‘Government-to-Government Relations
                                                     Federalism
wide effect.                                                                                                 with Native American Tribal
  There are no expected changes in                     In accordance with Executive Order                    Governments’’ (59 FR 22951) and 512
expenditures as a result of this                     13132, the document does not have                       DM 2, we have evaluated possible
document. We expect there will not be                significant federalism effects. This                    effects on federally recognized Indian
a change in recreational opportunities               document will not have substantial                      tribes and have determined that there
so we do not expect the document to                  direct effects on the States, in their                  are no effects. In Alaska, this regulation
have a significant economic effect on a              relationship between the Federal                        would not apply to the development
substantial number of small entities in              Government and the States, or on the                    and use of Alaska Native Claims
any region or nationally.                            distribution of power and                               Settlement Act (ANCSA), 22(g) village
                                                     responsibilities among the various                      lands in Alaska national wildlife
Small Business Regulatory Enforcement                levels of government. Therefore, in                     refuges.
Fairness Act                                         accordance with Executive Order 13132,
                                                     we have determined that this document                   Primary Author
   This document is not a major rule
under 5 U.S.C. 804(2), the Small                     does not have sufficient federalism                        Brad Knudsen, Refuge Program
Business Regulatory Enforcement                      implications to warrant the preparation                 Specialist, National Wildlife Refuge
Fairness Act. This document:                         of a Federalism Assessment.                             System, U.S. Fish and Wildlife Service,
                                                                                                             is the primary author of this notice.
   a. Does not have an annual effect on              Civil Justice Reform
the economy of $100 million or more.                                                                         Refuge Management—Part 601 National
                                                       In accordance with Executive Order                    Wildlife Refuge System
These regulations will affect only                   12988, the Office of the Solicitor has
visitors at national wildlife refuges.               determined that the document does not                   Chapter 1 National Wildlife Refuge System
They may result in increased visitation              unduly burden the judicial system and                   Mission and Goals and Purposes 601 FW 1
at refuges and provide for minor                     meets the requirements of sections 3(a)                   1.1 What is the purpose of this
changes to the methods of public use                 and 3(b)(2) of the Order. The regulation                chapter? This chapter reiterates the
permitted within the National Wildlife               will expand upon established                            mission of the National Wildlife Refuge
Refuge System. Refer to response under               regulations, and result in better                       System, how it relates to the mission of
Regulatory Flexibility Act.                          understanding of the regulations by                     the Fish and Wildlife Service, and
   b. Will not cause a major increase in             refuge visitors.                                        explains the relationship of the System
costs or prices for consumers,                                                                               mission and goals, and the purpose(s) of
individual industries, Federal, State, or            Paperwork Reduction Act                                 each unit of the System. This chapter
local government agencies, or                          This document does not require an                     provides goals for the System and
geographic regions. See response above.              information collection from ten or more                 guidance for identifying or determining
   c. Does not have significant adverse              parties and a submission under the                      the purpose(s) of each unit within the
effects on competition, employment,                  Paperwork Reduction Act of 1995 is not                  System. This chapter also provides
investment, productivity, innovation, or             required.                                               guidance on the use of goals and
the ability of U.S.-based enterprises to                                                                     purposes in the administration and
compete with foreign-based enterprises.              National Environmental Policy Act                       management of the System.
See response above.                                    We ensure compliance with the                           1.2 What is the scope of this
                                                     National Environmental Policy Act of                    chapter? This chapter applies to all
Unfunded Mandates Reform Act
                                                     1969 (NEPA) (42 U.S.C. 4332(C)) when                    units of the System. For purposes of this
   In accordance with the Unfunded                   developing national wildlife refuge                     chapter, a unit of the System is defined
Mandates Reform Act (2 U.S.C. 1501, et               Comprehensive Conservation Plans and                    as all lands, waters, and interests
seq.):                                               public use management plans, and we                     therein administered by the U.S. Fish
   a. This document will not                         make determinations required by NEPA                    and Wildlife Service as wildlife refuges,
‘‘significantly or uniquely’’ affect small           before the addition of national wildlife                wildlife ranges, wildlife management
governments. A Small Government                      refuges to the lists of areas open to                   areas, waterfowl production areas,
Agency Plan is not required. See                     public uses. The revisions to regulations               coordination areas and other areas for
response to Regulatory Flexibility Act.              as proposed in this document resolve a                  the protection and conservation of fish


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                          Federal Register / Vol. 66, No. 10 / Tuesday, January 16, 2001 / Notices                                                    3671

and wildlife including those threatened              fish, wildlife, and plants that are                     contribute to such efforts as the North
with extinction as determined in writing             endangered or threatened with                           American Bird Conservation Initiative,
by the Director or so directed by                    becoming endangered.                                    and continue to recognize the System’s
Presidential or Secretarial order.                      C. Perpetuate migratory bird,                        role in the perpetuation of the
   1.3 How do the System mission,                    interjurisdictional fish, and marine                    continent’s waterfowl resource: more
goals, and unit purpose(s) relate to each            mammal populations.                                     than 200 refuges and thousands of
other? Collectively, the System mission,                D. Conserve a diversity of fish,                     waterfowl production areas have been
goals, and unit purpose(s) define the                wildlife, and plants.                                   established for purpose of waterfowl or
duty of the U.S. Fish and Wildlife                      E. Conserve and restore where                        migratory bird conservation. We
Service in the administration and                    appropriate representative ecosystems                   emphasize the conservation and
management of any unit of the System.                of the United States, including the                     management of those marine mammals
Ideally, the System mission, goals, and              ecological processes characteristic of                  for which the Service has been given
unit purpose(s) are viewed as symbiotic              those ecosystems.                                       primary management authority,
in nature; however, priority is given to                F. To foster understanding and instill               including polar bears, walruses, sea
achieving a unit’s purpose(s) when                   appreciation of native fish, wildlife, and              otters, manatees, and dugongs, as well
conflicts with the System mission or a               plants, and their conservation, by                      as the conservation of any marine
specific goal are identified. Unit                   providing the public with safe, high-                   mammal using System lands or waters.
purposes form the foundation for                     quality, and compatible wildlife-                       We emphasize the conservation and
developing goals and objectives for                  dependent public use. Such use                          management of those fish populations
units during Comprehensive                           includes hunting, fishing, wildlife                     using System waters and whose life-
Conservation Plan preparation, and                   observation and photography, and                        cycle movements cross international,
provide the basis for determining the                environmental education and                             State, or Tribal boundaries. Examples
appropriateness and compatibility of                 interpretation.                                         include anadromous species of salmon
existing and proposed uses on units.                    1.7 What do these goals mean? Goal                   and free-roaming species endemic to
   1.4 What is the mission of the                    A. The U.S. Fish and Wildlife Service is                large river systems, such as paddlefish
National Wildlife Refuge System? The                 entrusted with the stewardship of                       and sturgeon.
National Wildlife Refuge System                      America’s National Wildlife Refuge                        Goal D. We sustain all native species
Administration Act of 1966 (NWRSAA–                  System. Our first obligation in meeting                 of animals and plants that inhabit units
1966), as amended by the National                    that trust is the non-discretionary duty                of the System through our efforts to
Wildlife Refuge System Improvement                   to fulfill refuge purpose(s). We may not                maintain the biological diversity,
Act of 1997 (NWRSIA–1997), states the                discard that obligation in pursuit of                   biological integrity, and environmental
following: ‘‘The mission of the National             other objectives. We may, in order to                   health of each unit. This does not
Wildlife Refuge System is to administer              fulfill the broader System mission, and                 preclude the consumptive use of some
a national network of lands and waters               the further goals enumerated below,                     species when compatible with a unit’s
for the conservation, management, and                manage a refuge to achieve additional                   purpose(s) and the System mission, or
where appropriate, restoration of the                wildlife conservation purposes and                      the population management of some
fish, wildlife, and plant resources and              needs, unforseen, unknown, or resulting                 species to help achieve a unit’s
their habitats within the United States              from circumstances unanticipated at the                 purpose(s). Some units were established
for the benefit of present and future                time of refuge establishment. These                     primarily to protect populations of
generations of Americans.’’                          additional efforts will be additive to the              certain animal species that have a
   1.5 How does the mission of the                   achievement of refuge purpose(s), which                 unique historic and cultural legacy in
System relate to the mission of the                  is our first and highest obligation.                    North America. We continue to
Service? The mission of the Service set                 Goal B. Threatened and endangered                    emphasize the conservation of those
forth in National Policy Issuance 99–01              species are those listed as such by the                 native species tied directly to the
is: ‘‘Our mission is working with others,            Service or the National Marine Fisheries                establishment purpose(s) of units.
to conserve, protect and enhance fish,               Service. As we manage to achieve unit                     Goal E. Through our management and
wildlife, and plants and their habitats              purposes, we are mindful of our                         acquisition efforts, we assist states,
for the continuing benefit of the                    obligations under section 2(c)(1) of the                Tribes, other agencies and conservation
American people.’’ To accomplish this                Endangered Species Act and we strive                    groups in preserving those ecosystems,
mission, there is a clear need for a                 to be a model for other Federal land                    plant communities, wetlands of national
network of lands and waters                          management agencies in fulfilling that                  or international significance, and/or
representing the diversity of landscapes             obligation. We protect and manage                       landscapes that are unique, rare,
and ecosystems of the United States                  candidate and proposed species to                       declining, or under-represented in
dedicated to the conservation of fish,               enhance their status and help preclude                  existing conservation lands. We use
wildlife, and plants. While the mission              the need for listing. Per Service policy                existing and emerging classification
of the System and purposes of                        [see Section 1.2(C) of the Service’s                    systems that identify such ecosystems
individual units are paramount, it is                ‘‘Section 7 Consultation Handbook’’,                    and/or resources to guide our
recognized that the System contributes               March 1998], we will consult or confer                  preservation, restoration, and
a vital component to the Service                     with Service Ecological Services staff on               acquisition efforts. We care for our
mission.                                             any actions authorized, funded, or                      special designation lands such as
   1.6 What are the goals of the                     carried out on System units that may                    wilderness, natural areas, wild and
System? The administration,                          affect listed, proposed, or candidate                   scenic rivers, national monuments, and
management, and growth of the System                 species or designated or proposed                       national natural landmarks, and, where
are guided by the following goals:                   critical habitat.                                       appropriate, expand these designations
   A. To fulfill our statutory duty to                  Goal C. We strive to meet the needs                  on existing and new units. We strive to
achieve refuge purpose(s) and further                of all migratory birds in our habitat                   establish and maintain a network of
the System mission.                                  strategies, especially those species                    biological reserves to ensure
   B. Conserve, restore where                        which are rare, declining, or tied                      preservation and genetic exchange of
appropriate, and enhance all species of              directly to a unit’s purpose(s). We                     our Nation’s diverse natural heritage in


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3672                      Federal Register / Vol. 66, No. 10 / Tuesday, January 16, 2001 / Notices

partnership with other Federal land                  on System administration and                            any unit. Where a refuge has multiple
management agencies, States,                         management.                                             purposes related to fish, wildlife and
conservation organizations, and                         1.10 What is meant by the term                       plant conservation, the more specific
members of the public participating on               ‘‘unit purpose?’’ Unit purpose refers to                purpose will take precedent in instances
a voluntary basis.                                   the justification for the establishment of              of conflict. Designated wilderness
   Goal F. We recognize that a higher                a unit of the System as a place owned                   assumes the purposes of the Wilderness
awareness of, and appreciation for, the              by the American people and cared for                    Act of 1964 in addition and equal to
value of fish and wildlife conservation              on their behalf. The NWRSAA–1966, as                    other unit purposes, unless otherwise
is gained in part by providing                       amended, defines ‘‘purposes of the                      specified in the wilderness designation.
opportunities for people to engage in                refuge’’ as the ‘‘purposes specified in or                1.15 How does the purpose(s)
compatible wildlife-dependent                        derived from the law, proclamation,                     associated with acquiring new lands for
recreation. This higher awareness and                executive order, agreement, public land                 existing units relate to the original
appreciation ultimately contributes to               order, donation document, or                            purpose(s) of the existing units? When
the mission of the System. Thus, we                  administrative memorandum                               an addition to a unit is acquired under
facilitate opportunities for hunting,                establishing, authorizing, or expanding                 an authority different from the authority
fishing, wildlife observation and                    a refuge, refuge unit, or refuge subunit.’’             used to establish the original unit, the
photography, and environmental                          1.11 Why are unit purposes                           addition also takes on the purpose(s) of
education and interpretation that are                important? Purposes define the essential                the original unit, but the original unit
compatible with a unit’s purpose(s) and              objective of our refuge stewardship.                    does not take on the purpose(s) of the
the System mission. Our interpretive                 They constitute a non-discretionary                     addition.
and education programs also include                  obligation as the legislative, legal, and                 1.16 How does the Wilderness Act
historic and cultural resources found on             administrative foundations for the                      affect a unit’s purpose? The purposes of
units. We actively seek partnerships for             administration and management of a                      the Wilderness Act become additional
our public use programs when a lack of               unit of the System. This includes                       and equal purposes of units with
                                                     planning, setting unit goals and                        designated wilderness, but apply only to
funds or staff limit implementation.
                                                     objectives, and authorization of public                 those areas so designated. The purposes
   1.8 How do these goals relate to
                                                     uses, which must be shown to be                         of the Wilderness Act include both the
management priorities? The NWRSAA–                   appropriate and compatible with the
1966, as amended, sets forth the                                                                             preservation of wilderness condition
                                                     purpose(s) of a unit and the System                     and character, and the use and
following priority for management                    mission before they are allowed.
activities: (1) Wildlife, (2) wildlife-                                                                      enjoyment of wilderness.
                                                        1.12 What are some examples of
dependent recreational uses, and (3)                                                                           1.17 What is the process for
                                                     purposes? Units acquired under the
other uses. Thus, goals dealing with                                                                         determining purposes of units? The
                                                     authority of general conservation laws
fish, wildlife, and plants, and the                                                                          purpose(s) of existing units may be
                                                     take on the purpose of the law.
habitat or ecosystems on which they                                                                          found as described in section 1.13. We
                                                     Examples of such laws include the
depend, take priority over wildlife-                 Endangered Species Act of 1973, the                     will use the decision process outlined in
dependent uses or any other uses of                  Migratory Bird Conservation Act, the                    Exhibit 1 to determine the purpose(s) of
System lands. Wildlife-dependent                     Fish and Wildlife Act of 1956, the                      a unit. This process can be applied to all
recreational uses in turn take priority              Emergency Wetlands Resources Act,                       System acquisitions, including excess
over those uses which are not wildlife-              and the Alaska National Interest Lands                  military lands, land exchanges, or
dependent. Each unit contributes to one              Conservation Act. Executive Orders and                  condemnations by focusing on the
or more of the goals of the System,                  refuge-specific legislation generally                   acquisition authority for the particular
depending on the purpose(s) of the unit,             declare the purpose(s) of the unit,                     property. This process takes into
a unit’s geographic and ecological                   sometimes broadly (‘‘as a preserve and                  account those rare cases where
setting, and the unique characteristics,             breeding ground for native birds’’), and                acquisition authority provides a vague
potential, or limitations of each unit.              sometimes very specifically (‘‘to protect               purpose. This process should be used
   1.9 How will we use these goals of                and preserve in the national interest the               for each parcel or group of parcels
the System? These goals help step down               Key deer and other wildlife resources in                included under different acquisition
the System mission and statements on                 the Florida Keys.’’).                                   authorities, until the purpose for each
System management as written in the                     1.13 Where can the purpose(s) of                     authority has been determined.
NWRSAA–1997, as amended.                             each unit of the System be found? The                   Exhibit 1—Decision Process for
Collectively, these goals articulate the             publication ‘‘Purposes for Refuges of the               Determining Unit Purposes
foundation for our stewardship of the                National Wildlife Refuge System’’
System and define the unique niche it                contains the official purpose(s) for each                 Step I. Was the unit established by an
occupies among the various Federal                                                                           Executive Order, public land order, or
                                                     unit. This publication is updated                       Secretarial Order?
land systems. We consider these goals                annually to include new additions to                      A. Yes.
in developing wildlife population and                the System, and can be found by using                     1. The document specifies the purpose(s)
habitat goals and objectives at the                  the ‘‘Search—databases’’ on the System                  for the unit—DONE.
System, regional, ecosystem, and unit                web server at http://refuges.fws.gov.                     2. The document does not specify a
level; in providing a frame of reference                1.14 If a unit has multiple purposes,                purpose:
for Comprehensive Conservation Plans;                do some purposes take priority over                       What is the historical record of
to guide the land acquisition decision-              others? Unless otherwise indicated in                   management, management plans, and the
making process; to assist managers in                the establishing law, order, or other                   biological history of the area? Articulate the
applying sound professional judgment                 document, purposes dealing with the                     purpose(s) for Director’s approval—DONE.
                                                                                                               3. If any lands/waters at this unit were not
to their decisions while carrying out the            conservation, management, and                           included under any additional authorities—
purpose(s) of their units and in                     restoration of fish, wildlife, and plants,              DONE.
determining whether proposed uses are                and the habitats on which they depend,                    4. If any lands/waters at this unit were
appropriate and compatible; and as a                 take precedent over other purposes in                   included under additional authorities, go to
guide when developing other policies                 the management and administration of                    Step II.



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                           Federal Register / Vol. 66, No. 10 / Tuesday, January 16, 2001 / Notices                                                    3673

   B. No. Go to Step II.                                Dated: December 18, 2000.                             System, U.S. Fish and Wildlife Service,
   Step II. Was the unit established or               Jamie Rappaport Clark,                                  Telephone (703) 358–1744.
authorized by unit-specific legislation?              Director, Fish and Wildlife Service.                    SUPPLEMENTARY INFORMATION: The
   A. Yes.
                                                      [FR Doc. 01–20 Filed 1–12–01; 8:45 am]                  NWRSIA–1997 amends and builds upon
   1. The legislation states the purpose(s) of
                                                      BILLING CODE 4310–55–U
                                                                                                              the NWRSAA–1966 providing an
the unit—DONE.
                                                                                                              ‘‘Organic Act’’ for the System. The
   2. The legislation does not specify a
purpose:
                                                                                                              NWRSIA–1997 clearly establishes that
   Further research is required including             DEPARTMENT OF THE INTERIOR                              wildlife conservation is the singular
legislative history, agency testimony in the                                                                  System mission, provides guidance to
Congressional Record, or documents                    Fish and Wildlife Service                               the Secretary of the Interior (Secretary)
approved by the Director, or lacking these,                                                                   for management of the System, provides
the biological history of the area, resource          [1018–AG18]                                             a mechanism for refuge planning, and
inventories, or other resource-based                                                                          gives refuge managers uniform direction
                                                      Draft Appropriate Refuge Uses Policy                    and procedures for making decisions
documentation. Articulate the purpose(s) for
Director’s approval—DONE.
                                                      Pursuant to the National Wildlife                       regarding wildlife conservation and uses
   3. If any lands/waters at this unit were not       Refuge System Improvement Act of                        of the System.
included under any additional authorities—            1997                                                       The NWRSIA–1997 identifies six
DONE.                                                 AGENCY: Fish and Wildlife Service,                      wildlife-dependent recreational uses
   4. If any lands/waters at this unit were           Interior.                                               (hunting, fishing, wildlife observation
included under additional authorities, go to                                                                  and photography, and environmental
                                                      ACTION: Notice.
Step III.                                                                                                     education and interpretation) as the
   B. No. Go to Step III.                             SUMMARY: We propose to establish, in                    priority general public uses of the
   Step III. Was the unit established or                                                                      System. The NWRSIA–1997 also
                                                      policy, a procedure for determining
acquired by the authority of one or more of                                                                   provides a set of affirmative stewardship
                                                      when uses other than the six priority
the following 14 laws that grant the Service                                                                  responsibilities regarding our
                                                      wildlife-dependent recreational uses are
acquisition authority?                                                                                        administration of the System. These
                                                      appropriate or not appropriate on a unit
1. An Act Authorizing the Transfer of Certain         of the National Wildlife Refuge System                  stewardship responsibilities direct us to
   Real Property                                                                                              ensure that these six wildlife-dependent
                                                      (System). The National Wildlife Refuge
2. Bankhead-Jones Farm Tenant Act                                                                             recreational uses are provided enhanced
                                                      System Improvement Act of 1997
3. Consolidated Farm and Rural Development                                                                    consideration and priority over other
                                                      (NWRSIA–1997), that amends the
   Act                                                                                                        general public uses.
4. Colorado River Storage Act
                                                      National Wildlife Refuge System
                                                      Administration Act of 1966 (NWRSAA–                        The Refuge Recreation Act of 1962
5. Emergency Wetlands Resources Act of
                                                      1966), defines and establishes that                     (RRA–1962) also authorizes us to
   1986
                                                      wildlife-dependent recreational uses                    regulate or curtail public recreational
6. Endangered Species Act of 1973
                                                      (hunting, fishing, wildlife observation                 uses in order to insure accomplishment
7. Fish and Wildlife Act of 1956
8. Fish and Wildlife Coordination Act                 and photography, and environmental                      of our primary conservation objectives.
9. Lea Act                                            education and interpretation) are the                   The RRA–1962 also directs us to
10. Migratory Bird Conservation Act                   priority general public uses of the                     administer the System for public
11. Migratory Bird Hunting and Conservation           System and, if found compatible, will                   recreation when the use is an
   Stamp Act                                          receive enhanced and priority                           ‘‘appropriate incidental or secondary
12. North American Wetlands Conservation              consideration in refuge planning and                    use.’’
   Act                                                management over other general public                       The determination of appropriateness
13. National Wildlife Refuge System                   uses. This draft policy describes how we                is the first step in deciding whether we
   Administration Act of 1966                         will provide priority to these uses, and                will permit a proposed or existing use
14. Refuge Recreation Act                             establishes a process for deciding when                 on a refuge. After we decide a use is
   A. Yes.                                            it is appropriate to allow other, non-                  appropriate, we then must determine
   1. The purpose for acquisition is stated in        priority uses to occur on national                      that it would be compatible before
the law and becomes the purpose of the                wildlife refuges. We propose to                         allowing. The six wildlife-dependent
unit—DONE.                                            incorporate this policy as Part 603                     recreational uses are the priority public
   2. If any lands/waters at this unit were not       Chapter 1 of the Fish and Wildlife                      uses of the System and, when
included under any additional authorities—            Service Manual.                                         compatible, have been determined to be
DONE.                                                                                                         appropriate by law. Uses which are
                                                      DATES: Comments must be received by
   3. If any lands/waters at this unit were                                                                   necessary for the safe, practical, and
included under additional authorities, go to          March 19, 2001.
                                                                                                              effective conduct of a priority public use
Step IV.                                              ADDRESSES: You may submit comments
                                                                                                              are also appropriate. We will evaluate
   B. No. Go to Step IV.                              on this draft appropriate refuge uses                   all other uses under a screening process
   Step IV. Was the unit donated to the               policy by mail, fax or e:mail: by mail to               established by this policy to determine
Service?                                              J. Kenneth Edwards, Refuge Program                      their relationship to the System’s
   A. Yes.                                            Specialist, National Wildlife Refuge                    wildlife conservation mission,
   1. Research is required, including                 System, U.S. Fish and Wildlife Service,
legislation that grants authority for
                                                                                                              individual refuge purposes, and the six
                                                      4401 North Fairfax Drive, Room 670,                     priority public uses. This screening
donations, any biological reports on the unit         Arlington, Virginia 22203; by fax to
or adjacent area, a review of fish, wildlife,                                                                 process, the ‘‘appropriate use’’ test
                                                      (703) 358–2248; or by e:mail to                         contained in this policy, is a decision
and plant species of significance using the           Appropriate_Uses _Policy_
unit, and any conditions set forth in the                                                                     process that refuge managers will use to
                                                      Comments@fws.gov.                                       quickly and systematically decide
donation letter or memorandum that do not
conflict with the mission of the System.              FOR FURTHER INFORMATION CONTACT:               J.       which uses are not appropriate on a
Articulate the purpose(s) for Director’s              Kenneth Edwards, Refuge Program                         national wildlife refuge. We then more
approval.                                             Specialist, National Wildlife Refuge                    thoroughly review uses, which we have


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