Shenandoah National Park

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Shenandoah National Park

Recreational Fishing Regulations

National Park Service

SUMMARY: The National Park Service (NPS) is removing the special fishing regulations for Shenandoah National Park. The NPS believes that the general regulations found at 36 CFR parts 1 and 2 will provide adequate regulatory control to enable the Superintendent to manage the fishing resources within Shenandoah National Park. This duplication of regulations is unnecessary and often confusing. EFFECTIVE DATE: This final rule becomes effective on April 20, 1998. FOR FURTHER INFORMATION CONTACT: Greg Stiles, Assistant Chief Ranger, Shenandoah National Park, 3655 U.S. Highway 211 East, Luray, VA 22835. Telephone 540-999-3401. SUPPLEMENTARY INFORMATION: Background

The special regulations for fishing for Shenandoah National Park are codified at 36 CFR 7.15(a). These regulations [[Page 13342]] permit recreational fishing in selected streams of the Park as designated by the Superintendent, establish seasons, creel and size limits and licensing requirements. A proposed rule to eliminate these special regulations was published in the Federal Register on February 12, 1997 (61 FR 5354). Six comments were received during the public comment period. This final rule will eliminate all paragraphs of 36 CFR 7.15 pertaining to recreational fishing in Shenandoah National Park. General regulations found at 36 CFR 1.5 (Closures and public use limits) and 36 CFR 2.3 (Fishing) provide sufficient control for the park to adequately manage its fishing resources. Section-by-Section Analysis 1. Open Waters and Applicability

The general regulations for Fishing, found at 36 CFR 2.3, establish that fishing in the parks, except in designated areas, will be in accordance with nonconflicting laws and regulations of the State within whose exterior boundaries a park area is located. Existing State fishing regulations are sufficient for the proper management of the fisheries at Shenandoah National Park. The opening, closing and public use limits for recreational fishing in the parks require an annual review by park management. Any possible changes in public use associated with fisheries resources are adequately covered at 36 CFR 1.5. Therefore, special regulation 36 CFR 7.15(a)(1) Open Waters, is not necessary and will be removed. 2. Applicability

In that the NPS is proposing to remove all special regulations pertaining to fishing, a separate paragraph on the applicability of special fishing regulations is not necessary. Therefore, 36 CFR 7.15(a)(2) Applicability, will be removed. 3. Season

The State of Virginia has established a year-round open season to permit fishing on all state designated trout streams. Special regulation 36 CFR 7.15(a) established an opening date that coincided with the State opening date, which no longer exists. However, 36 CFR 2.3 Fishing, provides for recreational fishing, except in designated areas, in accordance with the laws and regulations of the State. 36 CFR 1.5(a)(2) allows the park to designate areas for a specific use or activity, or impose conditions or restrictions on a use or activity. This will allow the park to establish limits in certain designated areas when necessary. Therefore, 36 CFR 7.15(a)(3) is no longer needed and will be removed. 4. License

36 CFR 2.3 establishes that fishing in the parks will be in accordance with State laws. All persons 16 years and older fishing in the Shenandoah National Park must have a Virginia State fishing license in his/her possession. Since there is no need for a special regulation for licensing, 36 CFR 7.15(a)(4) will be removed. 5. Size and Creel Limits

The State of Virginia has increased the minimum size limit for trout from eight (8) inches to nine (9) inches and has a maximum creel limit of six (6) fish compared to current limit of five (5) the park has. To avoid confusion and to be consistent with the limits established by the State, the park uses the State's limits. Size and creel limits for other species of game-fish caught in the park will also be in compliance with those established by the State of Virginia. Special regulations concerning size and creel limits are not needed as 36 CFR 2.3, Fishing, would apply. Therefore, 36 CFR 7.15(a)(5) and 36 CFR 7.15(a)(6) will be removed. 6. Lures; Bait

36 CFR 2.3 Fishing, currently regulates the use of bait, and the State of Virginia permits only the use of a single hook, which may be barbed or barbed-less. A special regulation concerning lures and bait is not necessary, therefore 36 CFR 7.15(a)(7) will be removed. 7. Fish for Fun

The term ``fish for fun'' is normally associated with activities provided by fish stocking programs in specially designated streams. Fish stocking does not occur within the Park. However, the State law for ``Catch and Release'' adequately allows for the protection of native and non-native fish populations on designated streams. 36 CFR 1.5(a)(2) and 36 CFR 2.3(a) allow for the designation of ``Catch and Release'' streams that are consistent with State regulations. Therefore, 36 CFR 7.15(a)(8) is not necessary and will be removed. Public Comments

The NPS received six comments during the public comment period. Five of the commenters supported the regulatory change. One of the commenters stated that the proposed rulemaking would not protect park fisheries as well as the special regulations. The NPS has determined that this is not a valid concern, as the use of existing regulations at 36 CFR parts 1 and 2 allow the Superintendent to take necessary action to protect fisheries at any time, including actions that may have the same effect as the special regulations, as well as actions which can be more or less restrictive. These actions can be taken in a much more timely manner than rulemaking allows. Drafting Information

The process used to develop this proposed rule included numerous reviews by Park staff, consultations with Virginia Department of Game and Inland Fisheries Biologists, consultations with numerous fisheries biologists from other parks, agencies, research institutions and organizations. The primary authors of this rulemaking are William J. Cook, Center for Resources, Shenandoah National Park, Greg Stiles, Resource and Visitor Protection Services, Shenandoah National Park, and Dennis Burnett, Washington Office of Ranger Activities, National Park Service. Paperwork Reduction Act

This rule does not contain collections of information that require approval by the Office of Management and Budget under the Paperwork Reduction Act of 1995. Compliance With Other Laws

This rule was not subject to Office of Management and Budget review under Executive Order 12866. The Department of the Interior determined that this document will not have a significant economic effect on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et.seq.). The economic effects of this rulemaking are local in nature and negligible in scope.

The NPS has determined and certifies pursuant to the Unfunded Mandates Reform Act, 2 U.S.C. 1502 et seq., that this rule will not impose a cost of $100 million or more in any given year on local, State, or tribal governments or private entities.

The Department has determined that this rule meets the applicable standards provided in Section 3(a) and 3(b)(2) of Executive Order 12988.

This rule is not a major rule under the Congressional review provisions of the Small Business Regulatory Enforcement Fairness Act (5 U.S.C. 804(2)).

The NPS has determined that this proposed rulemaking will not have a significant effect on the quality of the [[Page 13343]] human environment, health and safety because it is not expected to:

(a) Increase public use to the extent of compromising the nature and character of the area or causing physical damage to it;

(b) Introduce incompatible uses which compromise the nature and character of the area or causing physical damage to it;

(d) Cause a nuisance to adjacent owners or occupants.

Based on this determination, the rulemaking is categorically excluded from the procedural requirements of the National Environmental Policy Act (NEPA) and by Departmental guidelines in 516 DM 6 (49 FR 21438). As such, neither an Environmental Assessment nor an Environmental Impact Statement has been prepared.

This final rulemaking is consistent with and supportive of Executive Order 12962, Recreational Fisheries, issued June 7, 1995. Through this Executive Order, Federal agencies will, to the extent permitted by law and where practicable, and in cooperation with States and Tribes, improve the quantity, function, sustainable productivity and distribution of U.S. aquatic resources for increased recreational fishing opportunities. Establishment of this rulemaking is consistent with the extent and purposes of the Fish and Wildlife Act of 1956 (16 U.S.C. 742a-d, and e-j), the Fish and Wildlife Coordination Act (16 U.S.C. 661-666c) and the Magnuson Fishery Conservation and Management Act (16 U.S.C. 1801-1882). List of Subjects in 36 CFR Part 7

National parks, District of Columbia, Reporting and recordkeeping requirements.

In consideration of the foregoing, the NPS is amending 36 CFR Chapter I as follows: PART 7--SPECIAL REGULATIONS, AREAS OF THE NATIONAL PARK SYSTEM

1. The authority citation for Part 7 continues to read as follows:

Authority: 16 U.S.C. 1, 3, 9a, 460(q), 462(k); Sec. 7.96 also issued under D.C. Code 8-137 (1981) and D.C. Code 40-721 (1981). Sec. 7.15 Shenandoah National Park.

2. Section 7.15 is amended by removing paragraph (a) and redesignating paragraphs (b) through (d) as new paragraphs (a) through (c).

Dated: January 16, 1998. Donald J. Barry, Assistant Secretary for Fish and Wildlife and Parks.