# 2004-2005 Refuge-Specific Hunting and Sport Fishing Regulations

> Briefs, arguments, decisions, and more.

URL: https://www.frixlaw.com/law-library/documents/fr%3A04-13897

## Record

- **Collection:** Federal Register
- **Document type:** Proposed Rule
- **Published:** June 30, 2004
- **Citation:** 69 FR 39552

## Text

DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Parts 31 and 32
RIN 1018-AT40
2004-2005 Refuge-Specific Hunting and Sport Fishing Regulations

AGENCY:

Fish and Wildlife Service, Interior.

ACTION:

Proposed rule.

SUMMARY:

The Fish and Wildlife Service proposes to add 10 additional refuges and wetland management districts to the list of areas open for hunting and/or sport fishing programs and increase the activities available at 7 other refuges. We will also develop pertinent refuge-specific regulations for those activities and amend certain regulations on other refuges that pertain to migratory game bird hunting, upland game hunting, big game hunting, and sport fishing for the 2004-2005 season.

DATES:

We must receive your comments on or before July 30, 2004.

ADDRESSES:

Submit written comments to Chief, Division of Conservation Planning and Policy, National Wildlife Refuge System, U.S. Fish and Wildlife Service, 4401 N. Fairfax Drive, Room 670, Arlington, VA 22203.
See

SUPPLEMENTARY INFORMATION
for information on electronic submission. For information on specific refuges' public use programs and the conditions that apply to them or for copies of compatibility determinations for any refuge(s), contact individual programs at the addresses/phone numbers given in “Available Information for Specific Refuges” under
SUPPLEMENTARY INFORMATION
.

FOR FURTHER INFORMATION CONTACT:

Leslie A. Marler, (703) 358-2397; Fax (703) 358-2248.

SUPPLEMENTARY INFORMATION:

The National Wildlife Refuge System Administration Act of 1966 closes national wildlife refuges to all uses until opened. The Secretary of the Interior (Secretary) may open refuge areas to any use, including hunting and/or sport fishing, upon a determination that such uses are compatible with the purposes of the refuge and National Wildlife Refuge System (Refuge System or we) mission. The action also must be in accordance with provisions of all laws applicable to the areas, developed in coordination with the appropriate State fish and wildlife agency(ies), consistent with the principles of sound fish and wildlife management and administration, and otherwise in the public interest. These requirements ensure that we maintain the biological integrity, diversity, and environmental health of the Refuge System for the benefit of present and future generations of Americans.

We annually review refuge hunting and sport fishing programs to determine whether to include additional refuges or whether individual refuge regulations governing existing programs need modifications, deletions, or additions. Changing environmental conditions, State and Federal regulations, and other factors affecting fish and wildlife populations and habitat may warrant modifications to refuge-specific regulations to ensure the continued compatibility of hunting and sport fishing programs and to ensure that these programs will not materially interfere with or detract from the fulfillment of refuge purposes or the Refuge System's mission.

Provisions governing hunting and sport fishing on refuges are in Title 50 of the Code of Federal Regulations in part 32 (50 CFR part 32). We regulate hunting and sport fishing on refuges to:

• Ensure compatibility with refuge purpose(s);

• Properly manage the fish and wildlife resource(s);

• Protect other refuge values;

• Ensure refuge visitor safety; and

• Provide opportunities for quality wildlife-dependent recreation.

On many refuges where we decide to allow hunting and sport fishing, our general policy of adopting regulations identical to State hunting and sport fishing regulations is adequate in meeting these objectives. On other refuges, we must supplement State regulations with more-restrictive Federal regulations to ensure that we meet our management responsibilities, as outlined in the “Statutory Authority” section. We issue refuge-specific hunting and sport fishing regulations when we open wildlife refuges to migratory game bird hunting, upland game hunting, big game hunting, or sport fishing. These regulations list the wildlife species that you may hunt or fish, seasons, bag or creel limits, methods of hunting or sport fishing, descriptions of areas open to hunting or sport fishing, and other provisions as appropriate. You may find previously issued refuge-specific regulations for hunting and sport fishing in 50 CFR part 32. In this rulemaking, we are also proposing to standardize and clarify the existing language of these regulations.

Plain Language Mandate

In this rule we made some of the revisions to the individual refuge units to comply with a Presidential mandate to use plain language in regulations; as such, these particular revisions do not modify the substance of the previous regulations. These types of changes include using “you” to refer to the reader and “we” to refer to the Service, using the word “allow” instead of “permit” when we do not require the use of a permit for an activity, and using active voice.

Statutory Authority

The National Wildlife Refuge System Administration Act (Administration Act) of 1966 (16 U.S.C. 668dd-668ee, as amended) and the Refuge Recreation Act (Recreation Act) of 1962 (16 U.S.C. 460k-460k-4) govern the administration and public use of refuges.

Amendments enacted by the National Wildlife Refuge System Improvement Act of 1997 (Improvement Act) build upon the Administration Act in a manner that provides an “organic act” for the Refuge System similar to those that exist for other public Federal lands. The Improvement Act serves to ensure that we effectively manage the Refuge System as a national network of lands, waters, and interests for the protection and conservation of our Nation's wildlife resources. The Administration Act states first and foremost that we focus Refuge System mission on conservation of fish, wildlife, and plant resources and their habitats. The Improvement Act requires the Secretary, before allowing a new use of a refuge, or before expanding, renewing, or extending an existing use of a refuge, to determine that the use is compatible. The Improvement Act established as the policy of the United States that wildlife-dependent recreation, when compatible, is a legitimate and appropriate public use of the Refuge System, through which the American public can develop an appreciation for fish and wildlife. The Act established six wildlife-dependent recreational uses, when compatible, as the priority general public uses of the Refuge System. These uses are: hunting, fishing, wildlife observation and photography, and environmental education and interpretation.

The Recreation Act authorizes the Secretary to administer areas within the Refuge System for public recreation as an appropriate incidental or secondary use only to the extent that doing so is practicable and not inconsistent with the primary purpose(s) for which Congress and the Service established the areas. The Recreation Act requires that any recreational use of refuge lands be compatible with the primary purpose(s) for which we established the refuge and

not inconsistent with other previously authorized operations.

The Administration Act and Recreation Act also authorize the Secretary to issue regulations to carry out the purposes of the Acts and regulate uses.

We develop specific management plans for each refuge prior to opening it to hunting or sport fishing. In many cases, we develop refuge-specific regulations to ensure the compatibility of the programs with the purpose(s) for which we established the refuge and the Refuge System mission. We ensure initial compliance with the Administration Act and the Recreation Act for hunting and sport fishing on newly acquired refuges through an interim determination of compatibility made at or near the time of acquisition. These regulations ensure that we make the determinations required by these acts prior to adding refuges to the lists of areas open to hunting and sport fishing in 50 CFR part 32. We ensure continued compliance by the development of comprehensive conservation plans, specific plans, and by annual review of hunting and sport fishing programs and regulations.

New Hunting and Sport Fishing Programs

In preparation for new openings, we include the following documents in each refuge's “opening package” (which the Region completes, the Regional Director reviews, and the refuge copies and sends to the Headquarters Office for review of compliance with the various opening requirements): (1) Step-down management plan; (2) appropriate National Environmental Policy Act (NEPA) documentation (
e.g.
, Categorical Exclusion, Environmental Assessment, or Environmental Impact Statement); (3) appropriate NEPA decision documentation (
e.g.
, Finding of No Significant Impact, Record of Decision); (4) Endangered Species Act Section 7 evaluation; (5) copies of letters requesting State and, where appropriate, Tribal involvement and the results of the request(s); (6) draft news release; (7) outreach plan; and (8) draft refuge-specific regulation. Upon approval of these documents, the Regional Director(s) is certifying that the opening of these refuges to hunting and/or sport fishing has been found to be compatible with the principles of sound fish and wildlife management and administration and otherwise will be in the public interest.

In accordance with the Administration Act and Recreation Act, we have determined that these openings are compatible and consistent with the purpose(s) for which we established the respective refuges and the Refuge System mission. A copy of the compatibility determinations for these respective refuges is available by request to the Regional office noted under the heading “Available Information for Specific Refuges.”

We propose to add the following hunting and sport fishing activities:

Unit
State
Migratory bird hunting
Upland game hunting
Big game hunting
Sport fishing

Waccamaw
SC
X
X
X
X

Crescent Lake
NB
X

Mountain Longleaf
AL
X
X
X

Red River
LA
X
X
X
X

Trinity River
TX

X
X

Cross Creeks
TN
X

Tennessee
TN
X

Cypress Creek
IL

X

Big Oaks
IN
X
X

Big Branch Marsh
LA

X

Savannah
GA/SC
X

Devils Lake WMD
ND
X
X
X
X

Huron WMD
SD
X
X
X
X

Lake Andes WMD
SD
X
X
X
X

Madison WMD
SD
X
X
X
X

Sand Lake WMD
SD
X
X
X
X

Waubay WMD
SD
X
X
X
X

Lands acquired as “waterfowl production areas,” which we generally manage as part of wetland management districts, are open to the hunting of migratory game birds, upland game, big game, and sport fishing subject to the provisions of State law and regulations (
see
50 CFR 32.1 and 32.4). We are adding these existing wetland management districts to the list of refuges open for all four activities in part 32 this year: Huron, Lake Andes, Madison, Sand Lake, and Waubay Wetland Management Districts in South Dakota and Devils Lake Wetland Management District in North Dakota.

DeSoto National Wildlife Refuge in Iowa is closing to migratory bird hunting this year but will continue to remain open to big game hunting and sport fishing. The refuge has offered a snow-goose-only hunt for the past four seasons with poor success, so they are stopping the hunt due to very low harvest rates. Stillwater National Wildlife Refuge in Nevada is closing to sport fishing this year due to concerns over mercury contaminants in the fish.

If finalized as proposed, the 2004-2005 hunting and sport fishing season will result in a net of eight refuges added to sport fishing and nine refuges added to hunting. This will bring our cumulative total of refuges open to hunting to 325 and refuges open to sport fishing to 283.

We are proposing to amend 50 CFR part 32 to more clearly display and give notice to the public that we remain closed to commercial fishing at the following U.S. Unincorporated Pacific Island Insular Possessions: Baker Island National Wildlife Refuge, Howland Island National Wildlife Refuge, Jarvis Island National Wildlife Refuge, Kingman Reef National Wildlife Refuge, and Palmyra Atoll National Wildlife Refuge. The National Marine Fisheries Service published a final rule on February 24, 2004 (69 FR 8336 at page 8343), which included language stipulating that fishing is not allowed within a refuge unless authorized by the Service (50 CFR 660.601). In conjunction with this action, the Service agreed that it would further notify the public of the existing boundaries of the U.S. Unincorporated Pacific-Insular Possessions and to describe the fishing prohibitions within these refuge

boundaries. None of the possessions (refuges) are currently open to commercial fishing, and we are specifically noting this in the CFR to more effectively notify the public and aid enforcement.

This document proposes to codify in the Code of Federal Regulations, all of the Service's hunting and/or sport fishing regulations that are applicable at Refuge System units previously opened to hunting and/or sport fishing. We are doing this to better inform the general public of the requirements at each refuge, to increase understanding and compliance with these requirements, and to make enforcement of these regulations more efficient. In addition to now finding these conditions in part 32, visitors to our refuges will usually find these terms and conditions reiterated in literature distributed by each refuge or posted on signs.

We have cross-referenced a number of existing regulations in 50 CFR parts 26 and 27 to assist hunting and sport fishing visitors with understanding safety and other legal requirements on refuges. This redundancy is deliberate, with the intention of improving safety and compliance in our hunting and sport fishing programs. We are not accepting public comment on the existing regulations cross-referenced in this rule for the benefit of visitors.

Fish Advisory

For health reasons, anglers should review and follow State-issued consumption advisories before enjoying recreational sport fishing opportunities on Service-managed waters. You can find information about current fish consumption advisories on the Internet at:
http://www.epa.gov/ost/fish/.

Request for Comments

You may comment on this proposed rule by any one of several methods:

1. Federal eRulemaking Portal at
http://www.regulations.gov.
Follow the instructions at that site for submitting comments.

2. You may mail comments to: Chief, Division of Conservation Planning and Policy, National Wildlife Refuge System, U.S. Fish and Wildlife Service, 4401 N. Fairfax Drive, Room 670, Arlington, VA 22203.

3. You may comment via the Internet to:
refugesystempolicycomments@fws.gov.
Please submit Internet comments as an ASCII file, avoiding the use of special characters and any form of encryption. Please also include: “Attn: 1018-AT40” and your full name and return mailing address in your Internet message. If you only use your e-mail address, we will consider your comment to be anonymous and will not consider it in the final rule. If you do not receive a confirmation from the system that we have received your Internet message, contact us directly at (703) 358-2036.

4. You may fax comments to: Chief, Division of Conservation Planning and Policy, National Wildlife Refuge System, at (703) 358-2036.

5. Finally, you may hand-deliver or courier comments to the address mentioned above. In light of increased security measures, please call (703) 358-2036 before hand-delivering comments.

We seek comments on this proposed rule and will accept comments by any of the methods described above. Our practice is to make comments, including the names and home addresses of respondents, available for public review during regular business hours. Individual respondents may request that we withhold their home addresses from the rulemaking record, which we will honor to the extent allowable by law. In some circumstances, we would withhold from the rulemaking record a respondent's identity, as allowable by law. If you wish for us to withhold your name and/or address, you must state this request 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 of organizations or businesses available for public inspection in their entirety.

Department of the Interior policy is, whenever practicable, to afford the public a meaningful opportunity to participate in the rulemaking process. We considered providing a 60-day, rather than a 30-day, comment period. However, we determined that an additional 30-day delay in processing these refuge-specific hunting and sport fishing regulations would hinder the effective planning and administration of our hunting and sport fishing programs. That delay would jeopardize establishment of hunting and sport fishing programs this year, or shorten their duration. Many of these rules also relieve restrictions and allow the public to participate in recreational activities on a number of refuges. In addition, in order to continue to provide for previously authorized hunting opportunities while at the same time providing for adequate resource protection, we must be timely in providing modifications to certain hunting programs on some refuges.

When finalized, we will incorporate this regulation into 50 CFR parts 31 and 32. Part 31 contains general provisions for wildlife species management. Part 32 contains general provisions and refuge-specific regulations for hunting and sport fishing on refuges.

Clarity of This Regulation

Executive Order (E.O.) 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 understand if it were divided into more (but shorter) sections? (5) Is the description of the rule in the “Supplementary Information” section of the preamble helpful in understanding the rule? (6) What else could we do to make the rule easier to understand? Send a copy of any comments on how we could make this proposed rule easier to understand to: Office of Regulatory Affairs, Department of the Interior, Room 7229, 1849 C Street, NW., Washington, DC 20240. You may e-mail your comments to:
Execsec@ios.doi.gov.

Regulatory Planning and Review

In accordance with the criteria in E.O. 12866, the Service asserts that this rule is not a significant regulatory action. The Office of Management and Budget (OMB) makes the final determination under E.O. 12866.

a. This rule will not have an annual economic effect of $100 million or adversely affect an economic sector, productivity, jobs, the environment, or other units of the government. A cost-benefit and full economic analysis is not required. The purpose of this rule is to add 10 refuges and wetland management districts to the list of areas open for hunting and/or sport fishing programs and increase the activities available at 7 other refuges. These units are located in the States of Alabama, Georgia, Illinois, Indiana, Louisiana, Nebraska, North Dakota, South Carolina, South Dakota, Tennessee, and Texas. Sport fishing and hunting are two of the wildlife-dependent recreational uses of refuges that Congress recognized as legitimate and appropriate and directed that we should facilitate their pursuit, subject to such restrictions or regulations as may be necessary to ensure their compatibility with the

purpose of each refuge. Many of the 544 existing refuges already have programs where we allow sport fishing and hunting. Not all refuges have the necessary resources and landscape that would make sport fishing and hunting opportunities available to the public. By opening these refuges to new activities, we have determined that we can make quality experiences available to the public. This rule establishes hunting and/or sport fishing programs and activities at the following refuges: Mountain Longleaf National Wildlife Refuge in Alabama, Savannah National Wildlife Refuge in Georgia and South Carolina, Cypress Creek National Wildlife Refuge in Illinois, Big Oaks National Wildlife Refuge in Indiana, Big Branch Marsh and Red River National Wildlife Refuges in Louisiana, Crescent Lake National Wildlife Refuge in Nebraska, Waccamaw National Wildlife Refuge in South Carolina, Cross Creeks and Tennessee National Wildlife Refuge in Tennessee, and Trinity River National Wildlife Refuge in Texas. We present impacts in 2003 dollars.

All wetland management districts are open to hunting and sport fishing activities until closed, and the proposed rulemaking reflects that Devils Lake Wetland Management District in North Dakota and Huron, Lake Andes, Madison, Sand Lake, and Waubay Wetland Management Districts in South Dakota are already open to hunting of migratory game birds, upland game, big game, and sport fishing. We do not expect any change in visitation rates at these wetland management districts because recreationists currently have the option to participate in these activities. Therefore, there are no new economic impacts from these wetland management districts.

Following a best-case scenario, if the refuges establishing new sport fishing and hunting programs were a pure addition to the current supply of such activities, it would mean a consumer surplus of approximately $885,000 annually and an estimated increase of 12,085 user days of hunting and 1,090 user days of sport fishing (Table 1). However, the participation trend is flat in sport fishing and hunting activities because the number of Americans participating in these activities has been stagnant since 1991. Any increase in the supply of these activities introduced by adding refuges where the activity is available will most likely be offset by other sites losing participants, especially if the new sites have higher quality sport fishing and/or hunting opportunities. Using the value of the difference in the upper and lower bounds of the 95 percent confidence interval for average consumer surplus to represent the estimate of the increase in consumer surplus for higher quality sport fishing and hunting (Walsh, Johnson, and McKean 1990
1

) yields an estimated increase in consumer surplus of about $235,000 annually, which is a true estimate of the benefits. Consequently, this rule will have a small, measurable, beneficial economic impact on the U.S. economy.

1
Article presented at the Western Regional Science Association Annual meeting in Molokai, Hawaii, on February 22, 1990.

Table 1.—Estimated Changes in Consumer Surplus From Additional Sport Fishing and Hunting Opportunities in 2004/05

Unit
Current hunting and/or fishing days (FY03)
Additional fishing days
Additional hunting days
Additional fishing and hunting days combined

Waccamaw

300
175
475

Crescent Lake
1,639

2,000
2,000

Mountain Longleaf

4,000
4,000

Red River

40
110
150

Trinity River
12,243

300
300

Cross Creeks
22,562

100
100

Tennessee
233,517

200
200

Cypress Creek
16,975
750

750

Big Oaks
9,188

300
300

Big Branch Marsh
6,835

4,000
4,000

Savannah
6,856

900
900

Total days per year
309,815
1,090
12,085
13,175

In dollars
In dollars
In dollars

Consumer surplus per day
63.57
67.53

Consumer surplus for quality change
24.13
17.27

Change in total consumer surplus
69,296
816,052
885,348

Change in quality consumer surplus
26,306
208,662
234,968

Note 1:
All estimates are stated in 2003 dollars.

Note 2:
Fiscal year 2003 visitation numbers for Waccamaw, Mountain Longleaf, and Red River were not available.

b. This proposed rule will not create inconsistencies with other agencies' actions. This action pertains solely to the management of the Refuge System. The sport fishing and hunting activities located on refuges account for approximately 1 percent of the available supply in the United States. Any small, incremental change in the supply of sport fishing and hunting opportunities will not measurably impact any other agency's existing programs.

c. This proposed rule will not materially affect entitlements, grants, user fees, loan programs, or the rights and obligations of their recipients. This proposed rule does not affect entitlement programs. There are no grants or other Federal assistance programs associated with public use of refuges.

d. This proposed rule will not raise novel legal or policy issues. This

proposed rule opens 10 additional refuges and wildlife management districts for sport fishing and hunting programs and increases the activities available at 7 other refuges. This proposed rule continues the practice of allowing recreational public use of refuges. Many refuges in the Refuge System currently have opportunities for the public to hunt and fish on refuge lands.

Regulatory Flexibility Act

We certify that this rule will not have a significant economic effect on a substantial number of small entities as defined under the Regulatory Flexibility Act (5 U.S.C. 601
et seq.
). A Regulatory Flexibility Analysis is not required. Accordingly, a Small Entity Compliance Guide is not required.

Congress created the Refuge System to conserve fish, wildlife, plants, and their habitats and facilitated this conservation mission by providing Americans opportunities to visit and participate in compatible wildlife-dependent recreation, including sport fishing and hunting, as priority general public uses of refuges and to better appreciate the value of, and need for, wildlife conservation.

This proposed rule does not increase the number of recreation types allowed in the Refuge System but establishes hunting and/or sport fishing programs on ten refuges and in wetland management districts. As a result, opportunities for wildlife-dependent recreation on refuges will increase. The changes in the amount of permitted use are likely to increase visitor activity on these refuges. But, as stated above, this is likely to be a substitute site for the activity and not necessarily an increase in participation rates for the activity. To the extent visitors spend time and money in the area of the refuge that they would not have spent there anyway, they contribute new income to the regional economy and benefit local businesses.

For purposes of analysis, we will assume that any increase in refuge visitation is a pure addition to the supply of the available activity. This will result in a best-case scenario, and we expect to overstate the benefits to local businesses. The latest information on the distances traveled for sport fishing and hunting activities indicates that more than 80 percent of the participants travel less than 100 miles from home to engage in the activity. This indicates that participants will spend travel-related expenditures in their local economies. Since participation is scattered across the country, many small businesses benefit. The 2001 National Survey of Fishing, Hunting, and Wildlife Associated Recreation identifies expenditures for food and lodging, transportation, and other incidental expenses. Using the average expenditures for these categories with the expected maximum additional participation on the Refuge System as a result of this proposed rule yields the following estimates (Table 2) compared to total business activity for these sectors.

Table 2.—Estimation of the Additional Expenditures With an Increase of Activities in 7 Refuges and the Opening of 10 Refuges and Wetland Management Districts to Fishing and/or Hunting for 2004/05

U.S. total
expenditures in 2001

Average
expend. per day

Current refuge expenditures
w/o duplication (FY2003)

Possible Additional Refuge Expendiitures

Anglers

Total Days Spent
$557 Mil

$6.7 Mil
1,090

Total Expenditures
$37.0 Bil
$66
$441.8 Mil
$72,395

Trip Related
$15.2 Bil
27
$181.7 Mil
29,777

Food and Lodging
$6.1 Bil
11
$72.9 Mil
11,949

Transportation
$3.7 Bil
7
$43.6 Mil
7,143

Other
$5.5 Bil
10
$66.2 Mil
10,685

Hunters

Total Days Spent
$228 Mil

$2.2 Mil
12,085

Total Expenditures
$21.4 Bil
94
$206.5 Mil
$1,133,205

Trip Related
$5.5 Bil
24
$52.6 Mil
288,770

Food and Lodging
$2.5 Bil
11
$24.5 Mil
134,699

Transportation
$1.9 Bil
8
$17.9 Mil
98,378

Other
$1.1 Bil
5
$10.1 Mil
55,702

Note:
All estimates are in 2003 dollars.

Using a national impact multiplier for hunting activities (2.73) derived from the report “Economic Importance of Hunting in America” and a national impact multiplier for sport fishing activities (2.79) from the report “Sportfishing in America” for the estimated increase in direct expenditures yields a total economic impact of approximately $3.3 million (2003 dollars) (Southwick Associates, Inc., 2003). Since we know that most of the sport fishing and hunting occurs within 100 miles of a participant's residence, then it is unlikely that most of this spending would be “new” money coming into a local economy and, therefore, this spending would be offset with a decrease in some other sector of the local economy. The net gain to the local economies would be no more than $3.3 million and most likely considerably less. Since 80 percent of the participants travel less than 100 miles to engage in hunting and sport fishing activities, their spending patterns would not add new money into the local economy and, therefore, the real impact would be on the order of $659,000 annually. The maximum increase (if all spending were new money) at most would be less than 2 percent for local retail trade spending (Table 3).

A large percentage of the retail trade establishments in the majority of affected counties qualifies as small businesses. With the small increase in overall spending anticipated from this proposed rule, it is unlikely that a substantial number of small entities will have more than a small benefit from the increased recreationist spending near the affected refuges.

Table 3.—Comparative Expenditures for Retail Trade Associated With Additional Refuge Visitation for 2004/05

Unit/county(ies)

Retail trade
in 1997
(2003 dollars)

Estimated maximum
addition from new refuge

Addition as a percentage of total retail trade
Total number retail establish.

Establish. with < 10
employees

Waccamaw

Horry, SC
2,872.0 Mil
$12,083
0.0004
2,270
1,556

Georgetown, SC
552.5 Mil
12,083
0.002
492
347

Marion, SC
247.3 Mil
12,083
0.005
212
156

Crescent Lake

Garden, NE
11.0 Mil
188,000
1.701
21
18

Mountain Longleaf

Calhoun, AL
1,125.8 Mil
376,000
0.033
723
489

Red River

Natchitoches, LA
264.1 Mil
12,980
0.005
191
122

Trinity River

Liberty, TX
506.4 Mil
28,200
0.006
257
177

Cross Creeks

Stewart, TN
49.9 Mil
9,400
0.019
45
32

Tennessee

Henry, TN
280.4 Mil
6,267
0.002
218
160

Humphreys, TN
127.0 Mil
6,267
0.005
100
72

Benton, TN
106.0 Mil
6,267
0.006
106
80

Cypress Creek

Pulaski, IL
17.8 Mil
16,500
0.093
35
29

Union, IL
111.0 Mil
16,500
0.015
86
66

Alexander, IL
33.4 Mil
16,500
0.049
54
42

Big Oaks

Jefferson, IN
322.3
9,400
0.003
218
153

Jennings, IN
156.0 Mil
9,400
0.006
100
70

Ripley, IN
226.2 Mil
9,400
0.004
168
113

Big Branch Marsh

St. Tammany Parish, LA
1,732.8 Mil
376,000
0.022
1,068
713

Savannah

Chatham, GA
2,828.1 Mil
28,200
0.001
1,760
1,179

Effingham, GA
190.0 Mil
28,200
0.015
114
79

Jasper, SC
88.2 Mil
28,200
0.032
95
61

Note 1:
Data are from the U.S. Census Bureau's 1997 County Business Patterns & 1997 Economic Census.

Many small businesses may benefit from some increased refuge visitation. However, we expect that much of this benefit will be offset as recreationists spend the same money in a different location. We expect that the incremental recreational opportunities will be scattered, and so we do not expect that the rule will have a significant economic effect (benefit) on a substantial number of small entities in any region or nationally.

Small Business Regulatory Enforcement Fairness Act

The proposed rule is not a major rule under 5 U.S.C. 804(2), the Small Business Regulatory Enforcement Fairness Act. We anticipate no significant employment or small business effects. This rule:

a. Does not have an annual effect on the economy of $100 million or more. The additional sport fishing and hunting opportunities at the 7 refuges would generate angler and hunter expenditures with a maximum economic impact estimated at $3.3 million per year (2003 dollars). Consequently, the maximum benefit of this rule for businesses both small and large would not be sufficient to make this a major rule. The impact would be scattered across the country and would most likely not be significant in any local area.

b. Will not cause a major increase in costs or prices for consumers, individual industries, Federal, State, or local government agencies, or geographic regions. This proposed rule will have only a slight effect on the costs of hunting and sport fishing opportunities for Americans. Under the assumption that any additional hunting and sport fishing opportunities would be quality, participants would be attracted to the refuge. If the refuge were closer to the participants' residences, then a reduction in travel costs would occur and benefit the participants. The Service does not have information to quantify this reduction in travel cost but assumes that since most people travel less than 100 miles to hunt and fish, the reduced travel cost would be small for the additional days of hunting and sport fishing generated by this proposed rule. We do not expect this proposed rule to affect the supply or demand for sport fishing and hunting opportunities in the United States and, therefore, it should not affect prices for sport fishing and hunting equipment and supplies, or the retailers that sell equipment. Additional refuge hunting and sport fishing opportunities would account for less than 0.001 percent of the available opportunities in the United States.

c. Does not have significant adverse effects on competition, employment, investment, productivity, innovation, or the ability of United States-based enterprises to compete with foreign-based enterprises. This proposed rule represents only a small proportion of recreational spending of a small number of affected anglers and hunters, approximately a maximum of $3.3 million annually in impact. Therefore, this rule will have no measurable economic effect on the wildlife-dependent recreation industry, which has annual sales of equipment and travel expenditures of $72 billion nationwide. Refuges that establish hunting and sport fishing programs may

hire additional staff from the local community to assist with the programs, but this would not be a significant increase because only 10 refuges are adding new programs and only 7 refuges are increasing activities by this proposed rule.

Unfunded Mandates Reform Act

Since this rule applies to public use of federally owned and managed refuges, it 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.

Takings (E.O. 12630)

In accordance with E.O. 12630, the rule does not have significant takings implications. This regulation will affect only visitors at refuges and describe what they can do while they are there.

Federalism (E.O. 13132)

As discussed in the Regulatory Planning and Review and Unfunded Mandates Reform Act sections above, this rule does not have sufficient Federalism implications to warrant the preparation of a Federalism Assessment under E.O. 13132. In preparing this proposed rule, we worked with State governments, and our programs are consistent to the State regulations to the degree practicable.

Civil Justice Reform (E.O. 12988)

In accordance with E.O. 12988, the Office of the Solicitor has determined that the rule does not unduly burden the judicial system and that it meets the requirements of sections 3(a) and 3(b)(2) of the Order. The regulation will clarify established regulations and result in better understanding of the regulations by refuge visitors.

Energy Supply, Distribution or Use (E.O. 13211)

On May 18, 2001, the President issued E.O. 13211 on regulations that significantly affect energy supply, distribution, and use. E.O. 13211 requires agencies to prepare Statements of Energy Effects when undertaking certain actions. Because this rule opens seven refuges to hunting and/or sport fishing programs and makes minor changes to other refuges open to those activities, it is not a significant regulatory action under E.O. 12866 and is not expected to significantly affect energy supplies, distribution, and use. Therefore, this action is a not a significant energy action and no Statement of Energy Effects is required.

Consultation and Coordination With Indian Tribal Governments (E.O. 13175)

In accordance with E.O. 13175, we have evaluated possible effects on federally recognized Indian tribes and have determined that there are no effects. We coordinate recreational use on refuges with Tribal governments having adjoining or overlapping jurisdiction before we propose the regulations. This regulation is consistent with and not less restrictive than Tribal reservation rules.

Paperwork Reduction Act

This regulation does not contain any information collection requirements other than those already approved by the OMB under the Paperwork Reduction Act (44 U.S.C. 3501
et seq.
) (OMB Control Number is 1018-0102). See 50 CFR 25.23 for information concerning that approval. An agency may not conduct or sponsor and a person is not required to respond to a collection of information unless it displays a currently valid OMB control number.

Endangered Species Act Section 7 Consultation

We reviewed the changes in hunting and sport fishing regulations herein with regard to Section 7 of the Endangered Species Act of 1973 (16 U.S.C. 1531-1544, as amended) (ESA). For the refuges proposed to open for hunting and/or sport fishing, we have determined that Waccamaw National Wildlife Refuge (for wood stork, red cockaded woodpecker, peregrine falcon, and bald eagle), Mountain Longleaf National Wildlife Refuge, Red River National Wildlife Refuge, Trinity River National Wildlife Refuge, Cross Creeks National Wildlife Refuge, Tennessee National Wildlife Refuge, Cypress Creek National Wildlife Refuge, Big Oaks National Wildlife Refuge, and Big Branch National Wildlife Refuge will not likely adversely affect any endangered or threatened species or designated critical habitat, and Waccamaw National Wildlife Refuge (for shortnose sturgeon, pondberry, Canby's dropwort, and American chaffseed), Savannah National Wildlife Refuge, and Crescent Lake National Wildlife Refuge will not affect any endangered or threatened species or designated critical habitat.

We also comply with Section 7 of the ESA when developing comprehensive conservation plans and step-down management plans for public use of refuges, and prior to implementing any new or revised public recreation program on a refuge as identified in 50 CFR 26.32. We also make determinations when required by the ESA before the addition of a refuge to the lists of areas open to hunting or sport fishing as contained in 50 CFR 32.7.

National Environmental Policy Act

We analyzed this rule in accordance with the criteria of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(C)) (NEPA) and 516 DM 6, Appendix 1. This rule does not constitute a major Federal action significantly affecting the quality of the human environment. An environmental impact statement/assessment is not required.

A categorical exclusion from NEPA documentation applies to this amendment of refuge-specific hunting and sport fishing regulations since it is technical and procedural in nature and we otherwise comply with NEPA at the specific refuge units.

Prior to the addition of a refuge to the list of areas open to hunting and sport fishing in 50 CFR part 32, we develop specific management plans for the affected refuges. We incorporate these proposed refuge hunting and sport fishing activities in refuge CCPs and/or other step-down management plans, pursuant to our refuge planning guidance in 602 FW 1, 3, and 4. We prepare CCPs and step-down plans in compliance with section 102(2)(C) of NEPA, and the Council on Environmental Quality's regulations for implementing NEPA in 40 CFR parts 1500-1508. We invite the affected public to participate in the review, development, and implementation of these plans.

Available Information for Specific Refuges

Individual refuge headquarters retain information regarding public use programs and the conditions that apply to their specific programs and maps of their respective areas. You may also obtain information from the Regional Offices at the addresses listed below:

Region 1—California, Hawaii, Idaho, Nevada, Oregon, and Washington. Regional Chief, National Wildlife Refuge System, U.S. Fish and Wildlife Service, Eastside Federal Complex, 911 N.E. 11th Avenue, Portland, Oregon 97232-4181; Telephone (503) 231-6214.

Region 2—Arizona, New Mexico, Oklahoma, and Texas. Regional Chief, National Wildlife Refuge System, U.S.

Fish and Wildlife Service, P.O. Box 1306, 500 Gold Avenue, Albuquerque, New Mexico 87103; Telephone (505) 248-6804.

Region 3—Illinois, Indiana, Iowa, Michigan, Minnesota, Missouri, Ohio, and Wisconsin. Regional Chief, National Wildlife Refuge System, U.S. Fish and Wildlife Service, 1 Federal Drive, Federal Building, Fort Snelling, Minnesota 55111; Telephone (612) 713-5400.

Region 4—Alabama, Arkansas, Florida, Georgia, Kentucky, Louisiana, Mississippi, North Carolina, South Carolina, Tennessee, Puerto Rico, and the Virgin Islands. Regional Chief, National Wildlife Refuge System, U.S. Fish and Wildlife Service, 1875 Century Boulevard, Atlanta, Georgia 30345; Telephone (404) 679-7154.

Region 5—Connecticut, Delaware, Maine, Maryland, Massachusetts, New Hampshire, New Jersey, New York, Pennsylvania, Rhode Island, Vermont, Virginia, and West Virginia. Regional Chief, National Wildlife Refuge System, U.S. Fish and Wildlife Service, 300 Westgate Center Drive, Hadley, Massachusetts 01035-9589; Telephone (413) 253-8302.

Region 6—Colorado, Kansas, Montana, Nebraska, North Dakota, South Dakota, Utah, and Wyoming. Regional Chief, National Wildlife Refuge System, U.S. Fish and Wildlife Service, 134 Union Blvd., Lakewood, Colorado 80228; Telephone (303) 236-8145.

Region 7—Alaska. Regional Chief, National Wildlife Refuge System, U.S. Fish and Wildlife Service, 1011 E. Tudor Rd., Anchorage, Alaska 99503; Telephone (907) 786-3354.

Primary Author

Leslie A. Marler, Management Analyst, Division of Conservation Planning and Policy, National Wildlife Refuge System, U.S. Fish and Wildlife Service, Arlington, Virginia 22203, is the primary author of this rulemaking document.

List of Subjects

50 CFR Part 31
Fish, Wildlife, Wildlife refuges.

50 CFR Part 32
Fishing, Hunting, Reporting and recordkeeping requirements, Wildlife, Wildlife refuges.

For the reasons set forth in the preamble, we propose to amend Title 50, Chapter I, subchapter C of the Code of Federal Regulations as follows:

PART 31—[AMENDED]

1. The authority citation for part 31 continues to read as follows:

Authority:

5 U.S.C. 301; 43 U.S.C. 315a; 16 U.S.C. 460k, 668dd-ee, 685, 725, 690d, 715i, 664, 718(b); 48 Stat. 1270; sec. 4. 76 Stat. 654.

2. Revise § 31.13 to read as follows:

§ 31.13
Do we allow commercial harvest of fishery resources?
Refuge managers may allow commercial harvest of fishery resources by issuance of a permit or by refuge-specific regulation in compliance with applicable State and Federal laws when compatible and in compliance with § 29.1 of this subchapter C.

PART 32—[AMENDED]

3. The authority citation for part 32 continues to read as follows:

Authority:

5 U.S.C. 301; 16 U.S.C. 460k, 664, 668dd-668ee, and 715i.

§ 32.7
[Amended]
4. Amend § 32.7 “What refuge units are open to hunting and/or sport fishing?” by:

a. Revising the listing of “Blowing Wind Cave National Wildlife Refuge” to read “Sauta Cave National Wildlife Refuge” and placing it in alphabetical order, alphabetically adding “Grand Bay National Wildlife Refuge,” and alphabetically adding “Mountain Longleaf National Wildlife Refuge” in the State of Alabama;

b. Revising the listing of “San Francisco Bay National Wildlife Refuge” to read “Don Edwards San Francisco Bay National Wildlife Refuge” and placing it in alphabetical order in the State of California;

c. Alphabetically adding “Marais des Cygnes National Wildlife Refuge” in the State of Kansas, which was previously inadvertently omitted;

d. Alphabetically adding “Red River National Wildlife Refuge” in the State of Louisiana;

e. Removing “Lake Umbagog National Wildlife Refuge” in the State of New Jersey;

f. Revising “MacKay Island National Wildlife Refuge” to read “Mackay Island National Wildlife Refuge” in the State of North Carolina;

g. Alphabetically adding “Devils Lake Wetland Management District” in the State of North Dakota;

h. Revising the listing of “Hart Mountain National Wildlife Refuge” to read “Hart Mountain National Antelope Refuge” and placing it in alphabetical order in the State of Oregon;

i. Alphabetically adding “Waccamaw National Wildlife Refuge” in the State of South Carolina;

j. Alphabetically adding “Devils Lake Wetland Management District”, “Huron Wetland Management District”,” “Lake Andes Wetland Management District”, “Madison Wetland Management District”, “Sand Lake Wetland Management District”, and “Waubay Wetland Management District”, and revising the listing of “Wauby National Wildlife Refuge” to read “Waubay National Wildlife Refuge” in the State of South Dakota; and

k. Revising the listing of “Johnston Atoll National Wildlife Refuge” to read “Johnston Island National Wildlife Refuge” in the United States Unincorporated Pacific Insular Possessions.

5. Add a new § 32.9 to read as follows:

§ 32.9
What specific areas of United States Unincorporated Pacific-Insular Possessions remain closed to commercial fishing?

Baker Island National Wildlife Refuge.
We prohibit collection and/or fishing for pelagic species, bottomfish species, crustaceans, and coral reef-associated species, including the collection of corals, from within the marine boundaries of this refuge unit. This refuge unit includes all of Baker Island, approximately in latitude 0°13′30″ north and longitude 176°28′ west from Greenwich [See map A insert], together with its territorial sea, extending outward from land to 3 nautical miles.

BILLING CODE 4310-55-P

EP30JN04.000

Howland Island National Wildlife Refuge.
We prohibit collection and/or fishing for pelagic species, bottomfish species, crustaceans, and coral reef-associated species, including the collection of corals, from within the marine boundaries of this refuge unit. This refuge unit includes all of Howland Island, approximately in latitude 0°49′ north and longitude 176°43′ west from Greenwich [See map B insert], together with its territorial sea, extending outward from land to 3 nautical miles.

EP30JN04.001

Jarvis Island National Wildlife Refuge.
We prohibit collection and/or fishing for pelagic species, bottomfish species, crustaceans, and coral reef-associated species, including the collection of corals, from within the marine boundaries of this refuge unit. This refuge unit includes all of Jarvis Island, approximately in latitude 0°22′20″ north and longitude 160°01′ west from Greenwich [See map C insert], together with its territorial sea, extending outward from land to 3 nautical miles.

EP30JN04.002

Kingman Reef National Wildlife Refuge.
We prohibit collection and/or fishing for pelagic species, bottomfish species, crustaceans, and coral reef-associated species, including the collection of corals, from within the marine boundaries of this refuge unit. This refuge unit includes all of Kingman Reef, approximately in latitude 6°23′ north and longitude 162°25′ west from Greenwich [See map D insert], together with its territorial sea, extending outward from land to 12 nautical miles.

EP30JN04.003

Palmyra Atoll National Wildlife Refuge.
We prohibit commercial collection and/or fishing for pelagic species, bottomfish species, crustaceans, and coral reef-associated species, including the collection of corals, from within the marine boundaries of this refuge unit. This refuge unit includes all of the emergent land of Palmyra Atoll, approximately in latitude 5°53′ north and longitude 162° 05′ west from Greenwich [See map E insert], together with its territorial sea, extending outward from land to 12 nautical miles.

EP30JN04.004

BILLING CODE 4310-55-C

§§ 32.20 through 32.72
[Amended]

6. In §§ 32.20 through 32.72 remove the entry “
A. Hunting of Migratory Game Birds.
” and add in its place “
A. Migratory Game Bird Hunting.
” each place that it appears.

7. Amend § 32.20 Alabama by:

a. Revising the listing of “Blowing Wind Cave National Wildlife Refuge” to read “Sauta Cave National Wildlife Refuge,” placing it in alphabetical order, and revising paragraph B.;

b. Revising “Choctaw National Wildlife Refuge;”

c. Revising “Eufaula National Wildlife Refuge;”

d. Revising paragraphs A. and B. of “Key Cave National Wildlife Refuge;”

e. Adding “Mountain Longleaf National Wildlife Refuge;” and

f. Revising paragraphs B., C., and D. of “Wheeler National Wildlife Refuge” to read as follows:

§ 32.20
Alabama.

Choctaw National Wildlife Refuge

A. Migratory Game Bird Hunting.
[Reserved]

B. Upland Game Hunting.
We allow hunting of squirrel, rabbit, raccoon, and opossum on designated areas of the refuge in accordance with State regulations subject to the following conditions:

1. We prohibit hunting within 100 yards (90 m) of the fenced-in Work Center Area or the refuge boat ramp.

2. Access to the Middle Swamp is by boat only. We prohibit access to the refuge from private land.

3. We prohibit marking trees and use of flagging tape, reflective tacks, and other similar marking devices.

4. You may take incidental species as listed in the refuge hunt permit during any fall hunt with those weapons legal during those hunts.

5. You must possess and carry a signed refuge hunt permit when hunting.

6. All youth hunters age 15 and younger must remain within sight and normal voice contact of an adult age 21 or older, possessing a license. Youth hunters must have passed a State-approved hunter education course. One adult may supervise no more than two youth hunters.

7. We prohibit overnight mooring or storage of boats.

8. We require hunters to check all harvested game at the conclusion of each day's hunt at one of the refuge check-out stations.

9. You may only use approved nontoxic shot (
see
§ 32.2(k)) #4 or smaller, .22 caliber rimfire, or legal archery equipment.

10. We allow you to use dogs during the hunt, but the dogs must be under the immediate control of the handler at all times and not allowed to roam free (
see
§ 26.21(b) of this chapter). We prohibit dogs in the Middle Swamp area of the refuge.

C. Big Game Hunting.
We allow hunting of white-tailed deer and feral hog in accordance with State regulations subject to the following conditions:

1. Conditions B1 through B8 apply.

2. We require tree stand users to use a safety belt or harness.

3. We prohibit damaging trees or hunting from a tree that contains an inserted metal object (see § 32.2(i)). Hunters must remove stands from trees after each day's hunt (see § 27.93 of this chapter).

4. During the spring muzzleloader hunt for feral hog, muzzleloaders must be .40 caliber or larger without scopes. We require hunters to wear hunter orange in accordance with State big game regulations except you must also wear hunter orange while on tree stands.

5. We prohibit participation in organized drives.

6. We prohibit mules and horses on all refuge hunts.

7. We prohibit hunting by aid or distribution of any feed, salt, or other mineral at any time.

D. Sport Fishing.
We allow fishing in designated areas of the refuge in accordance with State regulations subject to the following conditions:

1. We allow fishing year-round, except in the waterfowl sanctuary, which we close from December 1 through March 1.

2. With the exception of the refuge boat ramp, we limit access from
1/2
hour before legal sunrise to
1/2
hour after legal sunset.

3. You may use a rod and reel and pole and line. We prohibit all other methods of fishing.

4. We prohibit the taking of frogs or turtles (
see
§ 27.21 of this chapter).

5. We prohibit bow fishing.

6. We prohibit the use of airboats, hovercraft, and inboard waterthrust boats such as, but not limited to, personal watercraft, watercycles, and waterbikes on all waters of the refuge.

7. We allow commercial fishing with the use of nets, seines, boxes, and baskets only by Special Use Permit.

8. We prohibit mooring or storing of boats from
1/2
hour after legal sunset to
1/2
hour before legal sunrise.

Eufaula National Wildlife Refuge

A. Migratory Game Bird Hunting.
We allow hunting of mourning and Eurasian-collared dove, duck, and goose on designated areas of the refuge in accordance with State regulations subject to the following conditions:

1. You must possess and carry a signed refuge hunt permit when hunting.

2. We allow dove hunting on selected areas and days during the State dove season. You may only possess approved nontoxic shotshells (
see
§ 32.2(k)).

3. We allow goose and duck hunting in the Kennedy and Bradley Units on selected days until 12 p.m. (noon) during State waterfowl seasons. We close all other areas within the refuge to waterfowl hunting.

4. You may only possess approved nontoxic shotshells while in the field (
see
§ 32.2(k)) in quantities of 25 or less when hunting duck or goose.

5. All youth hunters age 15 and younger must remain within sight and normal voice contact of an adult age 21 or older, possessing a license. Youth hunters must possess and carry verification of passing a State-approved hunter education course. One adult may supervise no more than two youth hunters.

B. Upland Game Hunting.
We allow hunting of squirrel and rabbit on designated areas of the refuge in accordance with State regulations subject to the following conditions:

1. Conditions A1 and A5 apply.

2. We allow squirrel and rabbit hunting on selected areas and days during the State season.

3. We prohibit dogs (
see
§ 26.21(b) of this chapter).

4. We allow only shotguns.

5. We prohibit mooring or storing of boats from 2 hours after legal sunset to
1/2
hour before legal sunrise.

C. Big Game Hunting.
We allow hunting of white-tailed deer and feral hog on designated areas of the refuge in accordance with State regulations subject to the following conditions:

1. Conditions A1 and B5 apply.

2. We allow both archery deer and feral hog hunting during State archery and gun seasons.

3. We close the portion of the refuge between Bustahatchee and Rood Creeks to archery hunting until November 1.

4. All youth hunters age 15 and younger must remain within sight and normal voice contact of an adult age 21 or older, possessing a license. We allow youth gun deer hunting (ages 10-16) within the Bradley Unit on weekends during October where youth age 16 or under must be supervised by an adult. Youth hunters must have passed a State-approved hunter education course. One adult may supervise no more than one youth hunter.

5. We close the portion of the refuge around the Upland Impoundment, also designated by signs reading “Closed Seasonally November 15-February 28,” to hunting after November 15.

6. We prohibit damaging trees or hunting from a tree that contains an inserted metal object (
see
§ 32.2(i)). Hunters must remove stands from the trees after each day's hunt (see § 27.93 of this chapter).

7. We allow access to the refuge for all hunts from 1
1/2
hours before legal sunrise to 1
1/2
hours after legal sunset.

8. We prohibit hunting by aid or distribution of any feed, salt, or other mineral at any time (
see
§ 32.2(h)).

9. We prohibit participation in organized drives.

10. We prohibit mules and horses on all refuge hunts.

11. We require tree stand users to use a safety belt or harness.

D. Sport Fishing.
We allow fishing in designated areas of the refuge in accordance with State regulations subject to the following conditions:

1. We allow fishing, including bowfishing, from legal sunrise to legal sunset only in refuge waters other than Lake Eufaula.

2. We prohibit taking frog or turtle (
see
§ 27.21 of this chapter) from refuge waters not connected with Lake Eufaula.

3. We adopt reciprocal license agreements between Alabama and Georgia for fishing in Lake Eufaula. Anglers fishing in refuge impounded waters must possess and carry a license for the State in which they are fishing.

4. We prohibit use of boats with motors in all refuge impounded areas.

5. Condition B5 applies.

Key Cave National Wildlife Refuge

A. Migratory Game Bird Hunting.
We allow hunting of mourning and Eurasian-collared dove on designated areas of the refuge in accordance with State regulations subject to the following conditions:

1. You must possess and carry a signed refuge hunt permit when hunting.

2. We allow hunting on designated areas from 12 p.m. (noon) to legal sunset Mondays, Tuesdays, Fridays, and Saturdays.

3. Hunters must park in designated parking areas. We prohibit parking vehicles on refuge roads or in the fields (
see
§ 27.31 of this chapter).

4. All youth hunters age 15 and younger must remain within sight and normal voice contact of an adult age 21 or older, possessing a license. Youth hunters must have passed a State-approved hunter education course. One adult may supervise no more than two youth hunters.

5. We allow you to use dogs during the hunt, but the dogs must be under the immediate control of the handler at all times and not allowed to roam free (
see
§ 26.21(b) of this chapter).

B. Upland Game Hunting.
We allow hunting of quail, squirrel, rabbit, raccoon, and opossum on designated portions of the refuge in accordance with State regulations subject to the following conditions:

1. Conditions A1 and A3 through A5 apply.

2. We allow hunting on designated areas from legal sunrise to legal sunset Mondays, Tuesdays, Fridays, and Saturdays, except that you may hunt opossum and raccoon after legal sunset.

Mountain Longleaf National Wildlife Refuge

A. Migratory Game Bird Hunting.
We allow hunting of woodcock on designated areas of the refuge in accordance with State regulations subject to the following condition: You must possess and carry a signed hunt permit when hunting.

B. Upland Game Hunting.
We allow hunting of quail, squirrel, rabbit, groundhog, raccoon, opossum, beaver, and fox on designated areas of the refuge in accordance with State regulations subject to the following conditions:

1. You must possess and carry a signed refuge hunt permit when hunting.

2. We only allow hunting from legal sunrise to legal sunset.

3. We prohibit the use of dogs (
see
§ 26.21(b) of this chapter) to hunt or pursue raccoon, opossum, or fox.

C. Big Game Hunting.
We allow hunting of white-tailed deer, bobcat, coyote, feral hog, and turkey on designated areas of the refuge in accordance with State regulations subject to the following conditions:

1. Condition B1 applies.

2. We prohibit damaging trees or hunting from a tree that contains an inserted metal object (
see
§ 32.2(i)). Hunters must remove stands from trees after each day's hunt (
see
§ 27.93 of this chapter).

3. We prohibit using dogs (
see
§ 26.21(b) of this chapter) to hunt or pursue big game.

D. Sport Fishing.
[Reserved]

Sauta Cave National Wildlife Refuge

B. Upland Game Hunting.
We allow hunting of upland game on designated areas of the refuge in accordance with State regulations subject to the following condition: Sauty Creek Wildlife Management Area regulations apply.

Wheeler National Wildlife Refuge

B. Upland Game Hunting.
We allow hunting of quail, squirrel, rabbit, raccoon, and opossum on designated areas of the refuge in accordance with State regulations subject to the following conditions:

1. You must possess and carry a signed refuge hunt permit when hunting.

2. You may only possess approved nontoxic shot (
see
§ 32.2(k)) #4 or smaller, .22 caliber rimfire, or legal archery equipment.

3. You must unload and case or dismantle firearms (
see
§ 27.42 of this chapter) before placing them in a vehicle or boat.

4. We prohibit hunting in the Triana recreation area or within 100 yards (90 m) of any public building, public road, walking trail, or boardwalk.

5. We prohibit mules and horses on all refuge hunts.

6. We allow hunting on designated areas Monday through Saturday. We prohibit hunting on Sunday.

7. All youth hunters age 15 and younger must remain within sight and normal voice contact of an adult age 21 or older, possessing a license. Youth hunters must have passed a State-approved hunter education course. One adult may supervise no more than two youth hunters.

8. We prohibit overnight mooring or storing of boats.

9. We prohibit marking trees and the use of flagging tape, reflective tacks, and other similar marking devices.

10. We allow the use of dogs to hunt upland game, but the dogs must be under the immediate control of the handler at all times and not allowed to run free (
see
§ 26.21(b) of this chapter).

C. Big Game Hunting.
We allow hunting of white-tailed deer on designated areas of the refuge in accordance with State regulations subject to the following conditions:

1. Conditions B1, B3, B4, B6, B8, and B9 apply.

2. We prohibit participation in organized drives.

3. We allow bows with broadhead arrows and flintlocks .40 caliber or larger only.

4. We prohibit damaging trees or hunting from a tree that contains an inserted metal object (
see
§ 32.2(i)). Hunters must remove stands from trees after each day's hunt (
see
§ 27.93 of this chapter).

5. We require tree stand users to use a safety belt or harness.

6. We prohibit mules and horses on all refuge hunts.

7. We prohibit hunting by aid or distribution of any feed, salt, or other mineral at any time (
see
§ 32.2(h)).

8. All youth hunters age 15 and younger must remain within sight and normal voice contact of an adult age 21 or older, possessing a license. Youth hunters must have passed a State-approved hunter education course. One adult may supervise no more than one youth.

D. Sport Fishing.
We allow fishing on designated areas of the refuge in accordance with State regulations subject to the following conditions:

1. We prohibit bank fishing around the shoreline of the refuge headquarters.

2. We open all other refuge waters to fishing year-round unless otherwise posted.

3. We prohibit fishing in the Waterfowl Display Pool and other waters adjacent to the visitor center.

4. We prohibit airboats and hovercraft on all waters within the refuge boundaries.

5. We prohibit inboard waterthrust boats such as, but not limited to, personal watercraft, watercycles, and waterbikes on all waters of the refuge except that portion of the Tennessee River and Flint Creek from its mouth to mile marker 3.

6. We prohibit overnight mooring and storing of boats.

8. Amend § 32.22 Arizona by:

a. Revising “Bill Williams River National Wildlife Refuge;”

b. Revising paragraphs A., B., and C. of “Buenos Aires National Wildlife Refuge;” and

c. Revising paragraph A.4.iv. of “Havasu National Wildlife Refuge” to read as follows:

§ 32.22
Arizona.

Bill Williams River National Wildlife Refuge

A. Migratory Game Bird Hunting.
We allow hunting of mourning and white-winged dove in accordance with State regulations subject to the following conditions:

1. We only allow shotguns.

2. You may only possess approved nontoxic shot while in the field (
see
§ 32.2(k)).

3. We only allow hunting in accordance with State regulations for the listed species.

4. We only allow hunting on the refuge in those areas south of the Bill Williams Road and east of Arizona State Rt. 95 and the south half of Section 35, T 11N-R 17W as posted.

5. Only upon specific consent from an authorized refuge employee may you retrieve game from an area closed to hunting or entry.

6. We prohibit hunting within 50 yards (45 m) of any building, road, or levee.

7. We prohibit target practice or any nonhunting discharge of firearms (
see
§ 27.42 of this chapter).

B. Upland Game Hunting.
We allow hunting of quail and cottontail rabbit in accordance with State regulations subject to the following conditions:

1. Conditions A1 and A3 through A7 apply.

2. We only allow hunting of cottontail rabbit from September 1 to the close of the State quail season.

C. Big Game Hunting.
We allow hunting of desert bighorn sheep in Arizona Wildlife Management Areas 16A and 44A in accordance with State regulations subject to the following conditions:

1. Anyone for hire assisting or guiding a hunter(s) must obtain, possess, and carry a valid Special Use Permit issued by the refuge manager.

2. Conditions A3 through A7 apply.

D. Sport Fishing.
We allow fishing in accordance with State regulations subject to the following conditions:

1. We close the isolated grow-out cove near the visitor center to fishing as posted.

2. We prohibit personal watercraft (PWC as defined by State law), air boats, and hovercraft on all waters within the boundaries of the refuge.

3. We designate all waters as wakeless speed zones (as defined by State law).

4. Persons fishing from a boat or other floating object must obtain, possess, and carry a current Colorado River shared jurisdiction stamp.

Buenos Aires National Wildlife Refuge

A. Migratory Game Bird Hunting.
We allow hunting of goose, duck, coot, and mourning and white-winged dove on designated areas of the refuge in accordance with State regulations subject to the following conditions:

1. You may only use firearms (
see
§ 27.42 of this chapter) for the taking of legal game. You may only carry and use handguns in conjunction with a designated handgun season. We prohibit weapons in the No-Hunt Zone of the refuge headquarters, on Service property in Brown Canyon, and in the Watchable Wildlife Areas located at Arivaca Cienega and Arivaca Creek.

2. We allow stands, but you must remove them at the end of the hunt (
see
§ 27.93 of this chapter).

3. The No-Hunt Zones include: Clark Ranch Tract, Don Honnas Tract, all Service property in Brown Canyon, Arivaca Creek from milepost 7 to Arivaca and within
1/4
mile (.4 km) of the creek bed, within
1/4
mile (.4 km) of all refuge residences and structures, and within a 2-mile (3.2 km) radius of both the refuge headquarters and the 10 mile (16 km) Antelope Wildlife Drive.

B. Upland Game Hunting.
We allow hunting of cottontail rabbit, coyote, and skunk on designated areas of the refuge in accordance with State regulations subject to the following conditions:

1. We only require a refuge permit to hunt coyote during April and May. Permits are available at refuge headquarters.

2. Conditions A1 through A3 apply.

3. Hunting groups using more than four horses must possess and carry a refuge permit.

4. Each hunter using horses must provide water and feed and clear all horse manure from all campsites.

C. Big Game Hunting.
We allow hunting of mule and white-tailed deer, javelina, and feral hog on designated areas of the refuge in accordance with State regulations subject to the following conditions:

1. You may only hunt feral hog during big game seasons. Each hunter must possess and carry a valid hunting license and big game permit for the season in progress. There is no bag limit.

2. Conditions A1 through A3 and B3 apply.

Havasu National Wildlife Refuge

A. Migratory Game Bird Hunting.
* * *

4. * * *

iv. We limit the number of shells waterfowl hunters may possess as indicated in refuge brochures.

9. Amend § 32.23 Arkansas by:

a. Revising “Bald Knob National Wildlife Refuge;”

b. Revising paragraphs A., B., C., D.1., and D.5., and adding paragraph D.8. of “Big Lake National Wildlife Refuge;”

c. Revising “Cache River National Wildlife Refuge;”

d. Revising “Felsenthal National Wildlife Refuge;”

e. Revising “Holla Bend National Wildlife Refuge;”

f. Revising “Overflow National Wildlife Refuge;”

g. Revising “Pond Creek National Wildlife Refuge;”

h. Revising paragraphs B., the introductory text of paragraph C., paragraphs C.1. and C.3. and paragraph D. of “Wapanocca National Wildlife Refuge;” and

i. Revising “White River National Wildlife Refuge” to read as follows:

§ 32.23
Arkansas.

Bald Knob National Wildlife Refuge

A. Migratory Game Bird Hunting.
We allow hunting of duck, goose, coot, snipe, woodcock, and dove on designated areas of the refuge in accordance with State regulations subject to the following conditions:

1. We require refuge hunting permits. The permits are nontransferable, and anyone on refuge land in possession of

hunting equipment must sign, possess, and carry the permits at all times.

2. We allow hunting of duck, goose, and coot daily until 12 p.m. (noon) throughout the State seasons, except for season closures on the Farm Unit during Gun Deer Hunt and for the exception provided in A3.

3. We allow hunting for goose from
1/2
hour before sunrise until legal sunset after the closing of the duck season in January for the remainder of the State goose season(s) and Snow, Blue, and Ross' Goose Conservation Orders.

4. We allow hunting for dove, snipe, and woodcock when their seasons correspond with duck and/or goose seasons.

5. We prohibit commercial hunting/guiding.

6. You may only possess approved nontoxic shot shells while in the field (
see
§ 32.2(k)) in quantities of 25 or less. The possession limit includes shells located in/on vehicles and other personal equipment.

7. We prohibit hunting closer than 100 yards (90 m) to another hunter or hunting party.

8. You must remove decoys, blinds, boats, and all other equipment (
see
§ 27.93 of this chapter) daily by 2 p.m.

9. Waterfowl hunters may enter the refuge parking areas at 4:45 a.m. and access the refuge at 5 a.m.

10. Hunters may leave boats with the owner's name and address permanently displayed or valid registration on the refuge from March 1 through October 31.

11. We prohibit possession of or marking trails with materials other than biodegradable paper flagging or reflective tape/tacks.

12. We prohibit building or hunting from permanent blinds.

13. We prohibit cutting of holes or manipulation of vegetation (
i.e.
, cutting bushes, mowing, weed-eating, herbicide use, etc.) and hunting from manipulated areas (
see
§ 27.51 of this chapter).

14. We allow retriever dogs.

15. You must unload firearms (
see
§ 27.42(b) of this chapter) when carried in/on land vehicles or boats under power.

16. We allow waterfowl hunting from roads and levees.

17. All youth hunters age 15 and younger must remain within sight and normal voice contact of an adult age 21 or older, possessing a license. For migratory bird hunting, one adult may supervise no more than two youth hunters.

18. We prohibit target practice or nonhunting discharge of firearms (
see
§ 27.42 of this chapter).

19. We only allow vehicle use on established roads and trails (
see
§ 27.31 of this chapter). We limit vehicle access on the Mingo Creek Unit to ATV use, only on marked ATV trails. You may use conventional vehicles on the Farm Unit from March 1 to November 14. You may only use ATVs from November 15 to February 28 for access beyond Parking Areas.

20. We prohibit entry into or hunting in waterfowl sanctuaries from November 15 through February 28.

21. You must adhere to all public use special conditions and regulations on the annual hunt brochure/permit.

22. We prohibit airboats, hovercraft, and personal watercraft (Jet Ski,
etc.
).

B. Upland Game Hunting.
We allow hunting of squirrel, rabbit, quail, raccoon, opossum, beaver, muskrat, nutria, armadillo, coyote, and feral hog on designated areas of the refuge in accordance with State regulations subject to the following special conditions:

1. Conditions A1, A5, A11, A15, A17 (for upland game hunting, one adult may supervise no more than two youth hunters), A18, A19, A21, and A22 apply.

2. You may only possess approved nontoxic shot while in the field (
see
§ 32.2(k)).

3. We allow fall squirrel hunting in accordance with the State season on the Mingo Creek Unit and on the Farm Unit, except for season closure on the Farm Unit during the Gun Deer Hunt. We prohibit dogs, except for the period of January 15 through February 28. We do not open for the spring squirrel season.

4. We allow rabbit hunting in accordance with the State season on the Mingo Creek Unit and on the Farm Unit, except for season closure on the Farm Unit during the Gun Deer Hunt. We prohibit dogs, except for the period of January 15 through February 28.

5. We allow quail hunting in accordance with the State season except for season closure on the Farm Unit only during the Gun Deer Hunt. We allow dogs.

6. We allow hunting of raccoon and opossum with dogs beginning in November and continuing for up to a 3-week period. We list annual season dates in the refuge hunting brochure/permit. We prohibit pleasure running or training of dogs.

7. We prohibit the use of horses.

8. You may take beaver, muskrat, nutria, armadillo, feral hog, and coyote during any refuge hunt with the weapon allowed for that hunt.

9. We prohibit entry into or hunting in refuge waterfowl sanctuaries from November 15 to February 28.

10. We prohibit hunting from roads except by waterfowl hunters.

11. You may leave boats with the owner's name and address or valid registration permanently displayed on the refuge from March 1 through October 31.

12. We prohibit hunting from a vehicle.

13. We only allow rifles chambered for rimfire cartridges.

C. Big Game Hunting.
We allow hunting of deer and turkey on designated areas of the refuge in accordance with State regulations subject to the following conditions:

1. Conditions A1, A5, A11, A15, A18, A19, A21, A22, and B8, B11, and B12 apply.

2. We divide the refuge into two hunting units: Farm Unit and Mingo Creek Unit.

3. The archery/crossbow hunting season for deer begins on the opening day of the State season and continues throughout the State season in the Mingo Creek Unit and Farm Unit except for the season closure on the Farm Unit during the Gun Deer Hunt. We provide annual season dates and bag limits on the hunt brochure/permit.

4. Muzzleloader hunting season for deer will begin in October and will continue for a period of up to 9 days in all hunting units with annual season dates and bag limits provided on the hunt brochure/permit.

5. The Gun Deer Hunt will begin in November and continue for a period of up to 9 days on the Farm Unit with annual season dates and bag limits provided on the hunt brochure/permit. We close the Mingo Creek Unit.

6. The fall archery/crossbow hunting season for turkey will begin on the opening day of the State season and continue throughout the State season on the Mingo Creek Unit only.

7. We prohibit spring and fall gun hunting for turkey.

8. Immediately record the zone 002 on your hunting license and later at an official check station for all deer and turkey harvested on the refuge.

9. You may only possess shotguns with rifled slugs, muzzleloaders, and legal pistols during the modern Gun Deer Hunt.

10. You may only use single-person portable deer stands.

11. We prohibit hunting from a vehicle or use of a vehicle as a deer stand.

12. You must permanently affix the owner's name and address to all deer stands on the refuge.

13. You must remove all deer stands from the Waterfowl Sanctuaries by November 14, except for stands used by Gun Deer Hunt permit holders who must remove their stands by the last day

of the gun hunt. You must remove all stands from the rest of the refuge by the last day of the archery season (
see
§ 27.93 of this chapter).

14. We prohibit the use of dogs.

15. We prohibit the possession of buckshot on all refuge lands.

16. We prohibit hunting from a mowed and/or graveled road right-of-way.

17. Refuge lands are located in State flood zone B, and we will close them to all deer hunting when the White River gauge at Augusta reaches 31 feet (9.3 m), as reported by the National Weather Service in the
Arkansas Democrat Gazette,
and reopen them when the same gauge reading in this newspaper falls to or below 19 feet (5.7 m).

18. We only allow Gun Deer Hunt permit holders on the Farm Unit during the Gun Deer Hunt.

19. We close Waterfowl Sanctuaries to all entry and hunting from November 15 to February 28, except for Gun Deer Hunt permit holders, who may hunt the sanctuary when the season overlaps with these dates.

20. An adult not less than age 21 must supervise and remain within sight and normal voice contact of hunters age 15 and under. For big game hunting, one adult may only supervise one youth.

D. Sport Fishing.
We allow fishing and frogging in accordance with State regulations subject to the following conditions:

1. Conditions A5, A19, A21, and A22 apply.

2. We close waterfowl sanctuaries to all entry and fishing/frogging from November 15 to February 28. We also close the Farm Unit to all entry and fishing during the Gun Deer Hunt.

3. You may leave boats with the owner's name and address permanently displayed or valid registration on the refuge from March 1 to October 31. We prohibit use of boats from 12 p.m. (midnight) to 5 a.m. during duck season.

4. We prohibit commercial fishing.

5. We limit nighttime use to anglers fishing/frogging with fishing and/or frogging tackle only.

6. We prohibit mooring houseboats to the refuge bank on the Red River.

Big Lake National Wildlife Refuge

A. Migratory Game Bird Hunting.
[Reserved]

B. Upland Game Hunting.
We allow hunting of squirrel, rabbit, raccoon, nutria, coyote, beaver, and opossum on designated areas of the refuge in accordance with State regulations subject to the following conditions:

1. We require refuge hunt permits. The permits are nontransferable and anyone on refuge land in possession of hunting equipment must sign and carry the permit at all times.

2. We prohibit firearms (
see
§ 27.42 of this chapter) on the refuge, except during refuge squirrel, rabbit, and raccoon seasons. We provide annual season dates in the refuge hunting brochure/permit.

3. You may take nutria, beaver, and coyote during any refuge hunt with the firearm allowed for that hunt, subject to State seasons.

4. All youth hunters age 15 and younger must remain within sight and normal voice contact of an adult age 21 or older, possessing a license. For small game hunts, one adult may supervise no more than two youth hunters.

5. We prohibit target practice or any nonhunting discharge of firearms (
see
§ 27.42 of this chapter).

6. You may take opossum during a raccoon hunt.

7. We prohibit dogs except for raccoon hunting. We prohibit pleasure running or training of dogs (
see
§ 26.21(b) of this chapter).

8. You may only possess shotguns with approved nontoxic shot (
see
§ 32.2(k)) and rifles firing .22 caliber rimfire ammunition.

9. You must unload and case firearms (
see
§ 27.42(b) of this chapter) while in a vehicle, on any refuge road, parking area, or boat ramp.

10. We prohibit firearms south of Highway 18 and at the Brights Landing boat access.

11. We prohibit boats from November 1 through February 28, except on that portion of the refuge open for public fishing with electric motors and Ditch 28.

12. We prohibit hunting from mowed or gravel roads.

13. We prohibit ATVs (
see
§ 27.31(f) of this chapter).

14. You must adhere to all public use special conditions and regulations on the annual hunt brochure/permit.

C. Big Game Hunting.
We allow hunting of white-tailed deer on designated areas of the refuge in accordance with State regulations subject to the following conditions:

1. Conditions B1, and B11 through B14 apply.

2. We allow archery/crossbow hunting for white-tailed deer. We provide annual season dates in the hunt brochure/permit.

3. Hunters may only possess long, recurve, compound, or crossbows. We prohibit possession of firearms (
see
§ 27.42 of this chapter) by archery/crossbow hunters.

4. We prohibit dogs.

5. We prohibit possession of or marking trails with materials other than biodegradable paper/flagging or reflective tape/tacks.

6. Upon harvest of deer, hunters must immediately record the deer zone 030 on their license and later on official check station records.

7. Hunters must check out (check harvested deer) at the Hunter Information Station.

8. We only allow portable tree stands, and you must remove them daily (
see
§ 27.93 of this chapter).

9. We prohibit driving metal or other objects into trees or hunting from trees in which objects have been driven (
see
§ 32.2(i)).

10. We prohibit cutting, pruning, or trimming vegetation (
see
§ 27.51 of this chapter).

11. We prohibit target practice or any nonhunting discharge of firearms (
see
§ 27.42 of this chapter).

12. Hunters may enter the refuge no earlier than 1 hour before legal shooting time and depart no later than 1 hour after legal shooting time.

13. An adult age 21 or older must supervise and remain within sight and normal voice contact of hunters age 15 and under. For big game hunts, one adult may supervise no more than 1 youth.

D. Sport Fishing.
* * *

1. We prohibit the use of limb lines and jug fishing.

5. We prohibit ATVs, airboats, personal watercraft, Jet Skis, and hovercraft (
see
§ 27.31(f) of this chapter).

8. We prohibit possessing turtles (
see
§ 27.21 of this chapter).

Cache River National Wildlife Refuge

A. Migratory Game Bird Hunting.
We allow hunting of duck, goose, coot, snipe, woodcock, and dove on designated areas of the refuge in accordance with State regulations subject to the following conditions:

1. We require refuge hunting permits. These permits are nontransferable, and anyone on the refuge in possession of hunting equipment must sign and carry the permit at all times.

2. We allow hunting of duck, goose, and coot daily until 12 p.m. (noon) throughout the State seasons, except for refugewide season closures during Gun Deer Hunt and the exception provided in A3.

3. We allow hunting for goose from
1/2
hour before legal sunrise to legal sunset after the close of duck season in January for the remainder of the State goose season(s) and Snow, Blue and Ross' Goose Conservation Order.

4. We allow hunting for dove, snipe, and woodcock when their seasons correspond with duck and/or goose seasons.

5. No person, including but not limited to, a guide, guide service, outfitter, club, or other organization, will provide assistance, services, or equipment on the refuge to any other person for compensation unless such guide, guide service, outfitter, club, or organization has obtained a Special Use Permit from the refuge. For the purposes of this regulation, we will consider any fees or services rendered to a person for lodging, meals, club membership or similar services as compensation.

6. We prohibit hunting, taking, possessing, or attempting to take wildlife with a guide, guide service, outfitter, club, or organization providing assistance, service, or equipment who does not possess and carry the required refuge Special Use Permit.

7. You may only possess approved nontoxic shot while in the field (
see
§ 32.2(k)).

8. You must remove decoys, blinds, boats, and all other equipment (
see
§ 27.93 of this chapter) daily by 2 p.m.

9. Waterfowl hunters may enter the refuge parking areas at 4:45 a.m. and access the refuge at 5 a.m.

10. We prohibit boats on the refuge from 12 a.m. (midnight) to 5 a.m. during duck season.

11. We prohibit possession of or marking trails with materials other than biodegradable paper, flagging, or reflective tape/tacks.

12. We prohibit building, or hunting from, permanent blinds.

13. We prohibit cutting of holes or other manipulation of vegetation (
e.g.
, cutting bushes, mowing, weed-eating, herbicide use, and other actions) or hunting from manipulated areas (
see
§ 27.51 of this chapter).

14. We allow retriever dogs.

15. You must unload firearms when carried in/on land vehicles or boats under power (
see
§ 27.42(b) of this chapter).

16. We allow waterfowl hunting on flooded roads.

17. All youth hunters age 15 and younger must remain within sight and normal voice contact of an adult age 21 or older, possessing a license. For migratory bird hunting, one adult may supervise no more than two youth hunters.

18. We prohibit target practice or any nonhunting discharge of firearms (
see
§ 27.42 of this chapter).

19. We prohibit ATVs except on established roads used by conventional vehicles on refuge lands south of Highway 38. We prohibit driving around a locked gate, barrier, or beyond a sign closing a road to vehicular traffic. We only allow vehicle use on established roads (
see
§ 27.31 of this chapter).

20. We prohibit entry into or hunting in Waterfowl Sanctuaries from November 15 through February 28.

21. You must adhere to all public use special conditions and regulations on the annual hunt brochure/permit.

22. We close all other hunts during the Gun Deer Hunt. We only allow Gun Deer Hunt permit holders on the refuge during this hunt.

B. Upland Game Hunting.
We allow hunting of squirrel, rabbit, quail, raccoon, opossum, beaver, muskrat, nutria, armadillo, coyote, and feral hog on designated areas of the refuge in accordance with State regulations subject to the following conditions:

1. Conditions A1, A5, A6, A7, A11, A15, A17 (for small game hunts, the adult may supervise no more than two youth hunters), and A18 through A21 apply.

2. Fall squirrel season corresponds with the State season on all refuge hunt units except for refugewide season closure during the Gun Deer Hunt. We prohibit dogs except during the period January 15 through February 28. We do not open for the spring squirrel season.

3. Rabbit season corresponds with the State season on all refuge hunt units except for refugewide season closure during the Gun Deer Hunt. We prohibit dogs except during the period January 15 through February 28.

4. Quail season corresponds with the State season on all refuge hunt units except for refugewide season closure during the Gun Deer Hunt. We allow dogs.

5. We allow hunting of raccoon and opossum with dogs on all refuge hunt units. We provide annual season dates in the refuge hunting brochure/permit. We prohibit pleasure running or training of dogs.

6. We allow the use of horses for raccoon and opossum hunters in refuge Hunt Unit I. We prohibit horse use in other refuge hunt units or by other refuge hunters or visitors.

7. You may take beaver, muskrat, nutria, armadillo, feral hog, and coyote during any refuge hunt with the firearm allowed for that hunt.

8. We prohibit hunting from mowed and/or graveled roads except by waterfowl hunters during flooded conditions.

9. You may leave boats with the owner's name and address or valid registration permanently displayed on the refuge from March 1 through October 31. We prohibit boats on the refuge from 12 a.m. (midnight) until 5 a.m. during the duck season.

10. We prohibit hunting from a vehicle.

11. We only allow rifles chambered for rimfire cartridges.

12. We close all other hunts during the Gun Deer Hunt. We only allow Gun Deer Hunt permit holders on the refuge during this hunt.

C. Big Game Hunting.
We allow hunting of deer and turkey on designated areas of the refuge in accordance with State regulations subject to the following conditions:

1. Conditions A1, A5, A6, A11, A15, A18 through A21, B9, and B10 apply.

2. We divide the refuge into the following three hunting units: Unit I—refuge lands between Highway 79 and Interstate 40; Unit II—all refuge lands east of Highway 33 between Interstate 40 and Highway 18 at Grubbs, Arkansas; Unit III—all refuge lands west of Highway 33, from Interstate 40 to Highway 64.

3. Archery/crossbow hunting season for deer begins on the opening day of the State season and continues throughout the State season in all refuge hunting units except for refugewide season closure during the Gun Deer Hunt. We provide annual season dates and bag limits on the hunt brochure/permit.

4. Muzzleloader hunting season for deer will begin in October and will continue for a period of up to 9 days in all hunting units with annual season dates and bag limits provided on the hunt brochure/permit.

5. The Gun Deer Hunt will begin in November and continue for a period of up to 9 days in all hunting units with annual season dates and bag limits provided on the hunt brochure/permit.

6. The fall archery/crossbow hunting season for turkey will begin on the opening day of the State season and continue throughout the State season in Hunt Units I, III, and Unit II lands within the fall State archery/crossbow turkey zone except for refugewide season closure during the Gun Deer Hunt. We close Unit II lands outside the fall archery/crossbow turkey zone. We do not open for fall gun hunting for turkeys.

7. The spring gun hunt for turkey will begin on the opening day of the State season and continue throughout the State season in Hunt Units I and III. We close Unit II lands with the exception of those refuge lands included in the combined Black Swamp Wildlife Management Area/Cache River National Wildlife Refuge quota permit hunts administered by the State.

8. Immediately record the zone 095 on your hunting license and later at an official check station for all deer and turkey harvested on the refuge.

9. You may only possess shotguns with rifled slugs, muzzleloaders, and legal pistols during the modern Gun Deer Hunt on the Dixie Farm Unit Waterfowl Sanctuary, adjacent waterfowl hunt area, and the Plunkett Farm Unit Waterfowl Sanctuary.

10. We only allow portable deer stands capable of being carried by a single individual.

11. We prohibit hunting from a vehicle or use of a vehicle as a deer stand.

12. You must permanently affix the owner's name and address to all deer stands on the refuge.

13. You must remove all deer stands from the waterfowl sanctuaries by November 14 and from the rest of the refuge by the last day of archery season (
see
§ 27.93 of this chapter).

14. We prohibit the use of dogs.

15. We prohibit the possession of buckshot on all refuge lands.

16. We prohibit hunting from a mowed and/or graveled road right-of-way.

17. We will close refuge lands located in State-designated Flood Prone Region B and reopen them to all deer hunting in accordance with State-established gauge readings, when the
Arkansas Democrat Gazette
posts these gauge readings.

18. We will close refuge lands located in State-designated Flood Prone Region C to all deer hunting when the Cache River gauge at Patterson reaches 10 feet (3 m), as reported by the National Weather Service in the
Arkansas Democrat Gazette
, and reopen them when the same gauge reading in this newspaper falls to or below 8.5 feet (2.6 m).

19. We will close refuge lands located in Flood Prone Region D to all deer hunting when the White River gauge at Clarendon reaches 28 feet (8.4 m), as reported by the National Weather Service in the
Arkansas Democrat Gazette
, and reopen them when the same gauge reading in this newspaper falls to or below 27 feet (8.1 m).

20. We close all other hunts during the Gun Deer Hunt. We only allow Gun Deer Hunt permit holders on the refuge during this hunt.

21. An adult not less than age 21 must supervise and remain within sight and normal voice contact of hunters age 15 and under. For big game hunting, one adult may only supervise one youth.

D. Sport Fishing.
We allow fishing and frogging in accordance with State regulations subject to the following conditions:

1. We close waterfowl sanctuaries to all entrance and fishing/frogging from November 15 to February 28. We prohibit refugewide entry and fishing during the Gun Deer Hunt.

2. Conditions A19, A21, B9, and B10 apply.

3. We require a Special Use Permit for all commercial fishing activities on the refuge.

4. We prohibit hovercraft, personal watercraft (Jet Skis, etc.), and airboats.

Felsenthal National Wildlife Refuge

A. Hunting of Migratory Game Birds.
We allow hunting of duck, goose, coot, and woodcock on designated areas of the refuge in accordance with State regulations subject to the following conditions:

1. We allow hunting of duck, goose, and coot during the State duck season except during scheduled quota refuge Gun Deer Hunts. We allow hunting of woodcock during the State season. Dates for quota deer hunts are typically in November, and we publish them annually in the refuge hunt brochure.

2. Hunting of duck, goose, and coot ends at 12 p.m. (noon) each day.

3. We only allow portable blinds. You must remove all duck hunting equipment (portable blinds, boats, guns, and decoys) (
see
§ 27.93 of this chapter) from the hunt area by 1:30 p.m. each day.

4. You may only possess approved nontoxic shells (see § 32.2(k)) in quantities of 25 or less each day during waterfowl season; hunters may not discharge more than 25 shells per day.

5. We close areas of the refuge posted with “Area Closed” signs and identify them on the refuge hunt brochure map as a Waterfowl Sanctuary and closed to all public entry and public use during waterfowl hunting season. Exception: we open the Waterfowl Sanctuary to all authorized activities during the September teal season.

6. No person will utilize the services of a guide, guide service, outfitter, club, organization, or other person who provides equipment, services, or assistance on Refuge System lands for compensation unless the guide, guide services, outfitter, club, organization, or person has obtained a Special Use Permit from the refuge. It is the responsibility of the hunter to verify that the guide has the required Special Use Permit; failure to comply with this provision subjects each hunter in the party to a fine if convicted of this violation.

7. You must possess and carry a refuge hunt brochure permit. These hunt brochure permits are available in unlimited qualitites at the refuge office, brochure dispensers at multiple locations throughout the refuge, and at area businesses.

8. We prohibit possession and/or use of herbicides.

9. We prohibit marking trails with tape, ribbon, paint, or any other substance other than biodegradable materials.

10. We prohibit possession or use of alcoholic beverages while hunting. We prohibit consumption of alcohol in parking lots, on roadways, and in plain view in campgrounds (
see
§ 32.2(j)).

11. All persons born after 1968 must posses a valid hunter education card in order to hunt.

12. All youth hunters age 15 and younger must remain within sight and normal voice contact of an adult age 21 or older, possessing a license. One adult may supervise no more than two youth hunters.

13. We only allow ATVs for wildlife-dependent activities such as hunting and fishing. We restrict ATVs to designated times and designated trails (
see
§ 27.31 of this chapter) marked with signs and paint. We identify these trails and the dates they are open for use in the refuge hunt brochure. You may use horses on roads and ATV trails (when open to motor vehicle use) as a mode of transportation on the refuge for wildlife-dependent activities.

14. We prohibit hunting within 150 feet (45 m) of roads and trails (
see
§ 27.31 of this chapter) open to motor vehicle use (including ATV trails).

15. We prohibit target practice with any weapon or any nonhunting discharge of firearms (
see
§ 27.42 of this chapter).

16. We only allow camping at designated primitive campground sites identified in the refuge hunt brochure, and we restrict camping to individuals involved in wildlife-dependent refuge activities. Campers may stay no more than 14 days during any 30 consecutive-day period in any campground and must occupy camps daily. We prohibit all disturbances, including use of generators, after 10 p.m. You must unload all weapons (
see
§ 26.42(b) of this chapter) within 100 yards (90 m) of a campground.

17. You may take beaver, nutria, feral hog, and coyote during any daytime refuge hunt with weapons and ammunition allowed for that hunt. There is no bag limit. You may not transport live hogs.

18. We prohibit blocking of gates and roadways (
see
§ 27.31(h) of this chapter).

19. We allow the use of retriever dogs.

20. We require you to unload and case any firearms (
see
§ 27.42(b) of this chapter) transported in any land vehicle, boat under power, or on horses. We define “loaded” as any shells in the gun or cap on a muzzleloader.

B. Upland Game Hunting.
We allow hunting of quail, squirrel, rabbit, raccoon, opossum, beaver, nutria, and coyote on designated areas of the refuge in accordance with State regulations subject to the following conditions:

1. Conditions A4 through A18 and A20 apply.

2. We allow hunting on the refuge during State seasons for this zone through January 31. We list specific hunting season dates annually in the refuge hunt brochure. We close hunting during refuge quota deer hunts. We annually publish dates for these quota deer hunts in the refuge hunt brochure.

3. We do not open for spring squirrel hunting season and summer/early fall raccoon hunting season on the refuge.

4. We prohibit possession of lead ammunition except that you may use rimfire rifle lead ammunition no larger than .22 caliber for upland game hunting. We prohibit possession of shot larger than that legal for waterfowl hunting.

5. You may use dogs for squirrel and rabbit hunting from December 1 through January 31. You may also use dogs for quail hunting and for raccoon/opossum hunting during open season on the refuge for these species. At other times, you must keep dogs and other pets on a leash or confine them (
see
§ 26.21(b) of this chapter).

C. Big Game Hunting.
We allow hunting of white-tailed deer and turkey on designated areas of the refuge in accordance with State regulations subject to the following conditions:

1. Conditions A6, A8 through A11, and A13 through A18 and A20 apply.

2. We allow archery deer hunting on the refuge from the opening of the State season for this deer management zone through January 31.

3. You must possess and carry a refuge hunt brochure permit to archery deer hunt, and multiple copies of these brochures are available at the refuge office, in brochure dispensers located at entrances throughout the refuge, and at many area businesses.

4. We close archery deer hunting during the quota deer hunts.

5. The refuge will conduct only one 2-day quota permit for the muzzleloader deer hunt (typically in October) and only two 2-day quota permits for the Gun Deer Hunts (typically in November).

6. We restrict hunt participants for quota hunts to those drawn for a quota permit. The permits are nontransferable. Hunt dates and application procedures will be available at the refuge office in July.

7. The quota muzzleloader and Gun Deer Hunt bag limit is one deer, either sex, on each hunt.

8. You must check all harvested deer during quota hunts at refuge deer check stations on the same day of the kill. We identify the check station locations in the refuge hunt brochure. Carcasses of deer taken must remain intact (except you may field dress) until checked.

9. You may only use portable deer stands. You may erect stands 2 days before each hunt, but you must remove them within 2 days after each hunt (
see
§ 27.93 of this chapter).

10. We prohibit horses and mules during refuge quota deer hunts.

11. We open spring archery turkey hunting during the State spring turkey season for this zone. We do not open for fall archery turkey season.

12. We close spring archery turkey hunting during scheduled turkey quota gun hunts.

13. The refuge will conduct one 2-day, youth-only (age 15 and under at the beginning of the spring turkey season) quota spring turkey hunt and two 3-day quota spring turkey hunts (typically in April). Specific hunt dates and application procedures will be available at the refuge office in January. We restrict hunt participants to those selected for a quota permit, except that one nonhunting adult age 21 or older must accompany the youth hunter during the youth hunt.

14. An adult age 21 or older must accompany and be within sight or normal voice contact of hunters age 15 and under. One adult may supervise no more than one youth hunter.

D. Sport Fishing.
We allow fishing, frogging, and the taking of crawfish for personal use on designated areas of the refuge in accordance with State regulations subject to the following conditions:

1. Conditions A6, A8, A9, A13, A16, and A18 apply.

2. We prohibit fishing in the waterfowl sanctuary area during the waterfowl hunting season, with the exception of the main channel of the Ouachita River and the borrow pits along Highway 82. We post the Waterfowl Sanctuary area with “Area Closed” signs and identify those areas in refuge hunt brochures.

3. You must reset trotlines when receding water levels expose them.

4. We prohibit consumption of alcoholic beverages in parking lots, on roadways, and in plain view in campgrounds (
see
§ 32.2(j)).

Holla Bend National Wildlife Refuge

A. Migratory Game Bird Hunting.
[Reserved]

B. Upland Game Hunting.
We allow hunting of squirrel, rabbit, raccoon, opossum, beaver, armadillo, coyote, and bobcat on designated areas of the refuge in accordance with State regulations subject to the following conditions:

1. We require refuge hunting permits. The permits are nontransferable, and anyone on refuge land in possession of hunting equipment must sign, possess, and carry the permits at all times.

2. You may only take all upland game mentioned above during the refuge archery season.

3. We allow gun hunting of raccoon and opossum with dogs every Thursday, Friday, and Saturday until legal sunrise during the month of February. We prohibit pleasure running or training of dogs (
see
§ 26.21(b) of this chapter).

4. You must unload and case firearms (
see
§ 27.42(b) of this chapter) when traveling in vehicles on refuge roads.

5. We prohibit target practice or any nonhunting discharge of firearms (
see
§ 27.42(a) of this chapter).

6. We prohibit possession or use of alcoholic beverages (
see
§ 32.2(j)).

7. We only allow ATVs for disabled hunters with a refuge ATV permit.

8. We prohibit the use of horses.

9. We prohibit hunting from a vehicle.

10. We only allow vehicle use on established roads and trails (
see
§ 27.31 of this chapter).

C. Big Game Hunting.
We allow hunting of deer and turkey on designated areas of the refuge in accordance with State regulations subject to the following conditions:

1. Conditions B1 and B4 through B11 apply.

2. Archery/crossbow season for deer and turkey begins October 1 and continues through November 30.

3. Spring archery/crossbow season for turkey has the same dates as the State season.

4. The firearms spring youth hunt for turkey is the same as the State. We restrict hunting to youths under age 16. One adult age 18 or older must accompany one youth hunter. We must receive applications for hunts by the last day of February.

5. We only allow portable deer stands. You may erect stands 2 days before the start of the season and must remove the stands from the refuge within 2 days after the season ends (
see
§ 27.93 of this chapter).

6. You must permanently affix the owner's name and address to all deer stands on the refuge.

7. We prohibit the use of dogs.

8. We prohibit marking trees or trails with plastic or paint.

9. We prohibit hunting from paved, graveled, and mowed roads and mowed trails (
see
§ 27.31 of this chapter).

10. We prohibit hunting with the aid of bait, salt, or ingestible attractant (
see
§ 32.2(h)).

11. We prohibit all forms of organized drives.

12. You must check all game at the refuge check station.

D. Sport Fishing.
We allow sport fishing in accordance with State regulations subject to the following conditions:

1. Conditions B6, B7, B8, B10, and B11 apply.

2. Waters of the refuge are only open for fishing March 1 through October 31 during daylight hours.

3. We do not require a permit to fish but do require an entrance pass to the refuge.

4. We limit free-floating fishing devices, trotlines, and tree limb devices to 20 per person. Each device must have the angler's name and address.

5. You must reset trotlines and limb lines when receding water levels expose them.

6. We prohibit leaving trotlines and other self-fishing devices overnight or unattended.

7. We only allow bow fishing during daylight hours during August.

8. We prohibit commercial fishing.

9. We prohibit possessing turtles (
see
§ 27.21 of this chapter).

10. We prohibit hovercraft, personal watercraft (Jet Skis, etc.), and airboats.

Overflow National Wildlife Refuge

A. Migratory Game Bird Hunting.
We allow hunting of duck, goose, coot, and woodcock on designated areas of the refuge in accordance with State regulations subject to the following conditions:

1. We allow hunting of duck, goose, and coot during the State duck season. We do not open during the September teal season. We allow hunting of woodcock during the State season.

2. Hunting of duck, goose, and coot ends at 12 p.m. (noon) each day.

3. We only allow portable blinds. You must remove portable blinds, boats, and decoys from the hunt area each day (
see
§ 27.93 of this chapter).

4. You may only possess approved nontoxic shotshells (
see
§ 32.2(k)) in quantities of 25 or less per day during waterfowl hunting season; hunters may not discharge more than 25 shells per day.

5. We close areas of the refuge by posting “Area Closed” signs and/or marking with purple paint and identifing on the refuge hunt brochure map as Sanctuary to all public entry and public use. Exception: we open the area identified as North Sanctuary on refuge hunt brochure map to all authorized public use activities from 2 days prior to opening of deer archery season through October 31.

6. No person will utilize the services of a guide, guide service, outfitter, club, organization, or other person who provides equipment, services, or assistance on Refuge System lands for compensation unless the guide, guide services, outfitter, club, organization, or person has obtained a Special Use Permit for commercial activities from the refuge. It is the responsibility of the hunter to verify that the guide has the required Special Use Permit; failure to comply with this provision subjects each hunter in the party to a fine if convicted of this violation.

7. We require a refuge hunt brochure permit that is available in unlimited quantities at the refuge office, brochure dispensers at multiple locations throughout the refuge, and at area businesses. You must possess and carry a signed permit when hunting on the refuge.

8. We prohibit possession and/or use of herbicides (
see
§ 27.51 of this chapter).

9. We prohibit marking of trails with tape, ribbon, paint, or any other substance other than biodegradable materials.

10. We prohibit possession or use of alcoholic beverages while hunting. We prohibit consumption of alcoholic beverages in parking areas and on roadways. (
see
§ 32.2(j).)

11. All persons born after 1968 must possess and carry a valid hunter education card in order to hunt.

12. All youth hunters age 15 and younger must remain within sight and normal voice contact of an adult age 21 or older, possessing a license. One adult may supervise no more than two youth hunters.

13. We only allow ATVs for wildlife-dependent activities such as hunting, and we restrict them to designated times and designated trails marked with signs and paint. We identify these trails and the dates they are open for use in the refuge hunt brochure. You may use horses on roads and designated ATV trails (when open to motor vehicle use) (
see
§ 27.31 of this chapter) as a mode of transportation on the refuge and for wildlife-dependent activities. You may use ATVs on unmarked roads and levees in the North Sanctuary beginning 2 days prior to the opening of deer archery season through October 31.

14. We prohibit hunting within 150 feet (45 m) of roads and trails (
see
§ 27.31 of this chapter) open to motor vehicle use (including ATV trails).

15. We prohibit target practice with any weapon or any nonhunting discharge of weapons (
see
§ 27.42 of this chapter).

16. We prohibit blocking of gates and roadways (
see
§ 27.31(h) of this chapter).

17. You may take beaver, nutria, feral hog, and coyote during any daytime refuge hunt with weapons and ammunition legal for that hunt. There is no bag limit. We prohibit transportation of live hogs.

18. We allow retriever dogs.

19. We require you to unload and case firearms (
see
§ 27.42(b) of this chapter) transported in any land vehicle, boat under power, or on horses. We define “loaded” as shells in the gun or cap on a muzzleloader.

B. Upland Game Hunting.
We allow hunting of quail, squirrel, rabbit, raccoon, opossum, beaver, nutria, and coyote on designated areas of the refuge in accordance with State regulations subject to the following conditions:

1. Conditions A4 through A17 and A19 apply.

2. We allow hunting during State seasons (
see
State regulations for the appropriate zone) for the species listed above through January 31. We list specific hunting season dates annually in the refuge hunt brochure.

3. We do not open for the spring squirrel season and summer/fall racoon hunting season.

4. We prohibit possession of lead ammunition except that you may use rimfire rifle lead ammunition no larger than .22 caliber for upland game hunting. We prohibit possession of shot larger than that legal for waterfowl hunting.

5. You may use dogs for squirrel and rabbit hunting January 1 through 31. You may also use dogs for quail hunting and for raccoon/opossum hunting during open season. At other times, you must keep dogs and other pets on a leash or confined (
see
§ 26.21(b) of this chapter).

C. Big Game Hunting.
We allow hunting of white-tailed deer and turkey on designated areas of the refuge in accordance with State regulations subject to the following conditions:

1. We allow archery deer hunting on the refuge during the State season (
see
State regulations for appropriate zone) through January 31.

2. Conditions A5 through A11, A13 through A17, and A19 apply.

3. We allow muzzleloader deer hunting during the October State

muzzleloader season for this zone (
see
State regulations for appropriate zone).

4. Bag limit for the October muzzleloader deer hunt is one buck and one doe.

5. We only allow portable deer stands. You may erect stands 2 days before each hunt, but you must remove them within 2 days after each hunt (
see
§ 27.93 of this chapter).

6. We prohibit horses and mules during the muzzleloader deer hunt.

7. We allow spring archery turkey hunting during the State spring turkey season.
see
State regulations for appropriate zones.

8. We do not open for the fall turkey archery season and spring turkey gun season.

9. We do not open for the gun deer season and December muzzleloader deer season.

10. An adult age 21 or older must accompany and be within sight and normal voice contact of hunters age 15 and under. One adult may supervise no more than one youth hunter.

D. Sport Fishing
. [Reserved]

Pond Creek National Wildlife Refuge

A. Migratory Game Bird Hunting.
We allow hunting of duck, coot, and goose on designated areas of the refuge in accordance with State regulations subject to the following conditions:

1. We allow hunting of migratory game birds during the State duck seasons, except we close during scheduled quota refuge Gun Deer Hunts. Dates for quota deer hunts are typically in November, and we publish them annually in the refuge hunt brochure. We do not open for the September teal season.

2. Hunting ends at 12 p.m. (noon) each day.

3. We only allow portable blinds. You must remove portable blinds, boats, and decoys from the hunt area each day (
see
§ 27.93 of this chapter).

4. No person will utilize the services of a guide, guide service, outfitter, club, organization, or other person who provides equipment, services, or assistance on Refuge System lands for compensation unless the guide, guide services, outfitter, club, organization, or person has obtained a Special Use Permit for commercial activities from the refuge. It is the responsibility of the hunter to verify that the guide has the required Special Use Permit; failure to comply with this provision subjects each hunter in the party to a fine if convicted of this violation.

5. We require a refuge hunt brochure permit; multiple copies of this permit are available at the refuge office, brochure dispensers at multiple locations throughout the refuge, and at area businesses. You must possess and carry a signed permit when hunting on the refuge.

6. We prohibit possession and/or use of herbicides (
see
§ 27.51 of this chapter).

7. We prohibit marking trails with tape, ribbon, paint, or any other substance other than biodegradable materials.

8. We prohibit possession or use of alcoholic beverages while hunting (See § 32.2(j)). We prohibit consumption of alcoholic beverages in parking lots, on roadways, and in plain view in campgrounds.

9. All persons born after 1968 must possess a valid hunter education card in order to hunt.

10. All youth hunters age 15 and younger must remain within sight and normal voice contact of an adult age 21 or older, possessing a license. One adult may supervise no more than two youth hunters.

11. We only allow ATVs for wildlife-dependent activities such as hunting and fishing and restrict them to designated times and designated trails marked with signs and paint (
see
§ 27.31 of this chapter). We identify these trails and the dates they are open for use in the refuge hunt brochure. You may use horses on roads and designated ATV trails (when open to motor vehicle use) (
see
§ 27.31 of this chapter) as a mode of transportation on the refuge for wildlife-dependent activities.

12. We prohibit hunting within 150 feet (45 m) of roads and trails (
see
§ 27.31 of this chapter) open to motor vehicle use (including ATV trails).

13. We prohibit target practice with any weapon or any nonhunting discharge of firearms (see § 27.42 of this chapter).

14. We only allow camping at designated primitive campground sites identified in the refuge hunt brochure. We restrict camping to the individuals involved in refuge wildlife-dependent activities. Campers may stay no more than 14 days during any consecutive 30-day period in a campground and must occupy the camps daily. We prohibit all disturbances, including use of generators, after 10 p.m. You must unload all weapons (
see
§ 27.42(b) of this chapter) within 100 yards (90 m) of a campground.

15. You may take beaver, nutria, feral hog, and coyote during any daytime refuge hunt with weapons and ammunition allowed for that hunt. We prohibit the use of dogs. There is no bag limit. You may not transport live hogs.

16. We prohibit blocking of gates and roadways (
see
§ 27.31(h) of this chapter).

17. We allow the use of retriever dogs.

18. You must unload and case firearms (
see
§ 27.42(b) of this chapter) transported in any land vehicle, boat under power, or on horses. We define “loaded” as shells in the gun or cap on a muzzleloader.

B.
Upland Game Hunting
. We allow hunting of squirrel, rabbit, raccoon, opossum, and beaver on designated areas of the refuge in accordance with State regulations subject to the following conditions:

1. We allow hunting during State seasons (
see
State regulations for appropriate zone) for the species listed above through January 31. We annually list specific hunting season dates and quota Gun Deer Hunt dates in the refuge hunt brochure. We close upland game hunting during refuge quota Gun Deer Hunts.

2. We do not open to spring squirrel season and summer/early fall racoon season.

3. Conditions A4 through A16 and A18 apply.

4. We prohibit possession of lead ammunition, except that you may use rimfire rifle lead ammunition no larger than .22 caliber for upland game hunting. We prohibit possession of shot larger than that legal for waterfowl hunting.

5. You may use dogs for squirrel and rabbit hunting December 1 through January 31. You may also use dogs for raccoon/opossum hunting during open season on the refuge for these species. At other times you must keep dogs and other pets on a leash or confined (
see
§ 26.21(b) of this chapter).

C. Big Game Hunting
. We allow hunting of white-tailed deer and turkey on designated areas of the refuge in accordance with State regulations subject to the following conditions:

1. We allow archery deer hunting on the refuge from the opening of the State season through January 31 (see State regulations for appropriate zone).

2. Conditions A4, A5 (for archery deer and muzzle-loader deer hunts and spring archery turkey hunts), A6 through A9, A11 through A16, and A18 apply.

3. We close archery deer hunting during the quota Gun Deer Hunts.

4. We allow muzzleloader deer hunting during the October State muzzleloader season for this deer management zone. The bag limit for the October refuge muzzleloader hunt is one buck and one doe.

5. The refuge will conduct one 2-day quota Gun Deer Hunt (typically in November).

6. We restrict hunt participants for this quota Gun Deer Hunt to those drawn for a quota permit. Hunt dates and application procedures will be available at the refuge office in July. The permits are nontransferable.

7. The quota Gun Deer Hunt bag limit is one buck and one doe.

8. You must check all deer taken during the quota hunt at the refuge deer check station on the same day of kill. You must keep carcasses of deer taken intact (you may remove entrails) until checked.

9. We prohibit horses and mules during refuge muzzleloader and quota deer hunts.

10. We open spring archery turkey hunting during the State spring turkey season for this zone. The State bag limit for this turkey hunt applies. We do not open for fall archery turkey season.

11. We close spring archery turkey hunting during scheduled turkey quota permit gun hunts.

12. The refuge will conduct one 2-day, youth-only (age 15 and younger at the beginning of the spring turkey season) quota spring turkey hunt and one 3-day spring quota turkey hunt (typically in April). Specific hunt dates and application procedures will be available in January. We restrict hunt participants on these hunts to those drawn for a quota permit, except that during the youth hunt, a nonhunting adult age 21 or older must accompany the youth hunter.

13. We prohibit the use of buckshot for gun deer hunting.

14. You may only use portable deer stands erected 2 days before each hunt, but you must remove them within 2 days after each hunt (
see
§ 27.93 of this chapter).

15. An adult age 21 or older must accompany and be within sight and normal voice contact of hunters age 15 and under. One adult may supervise no more than one youth hunter during big game hunts.

D. Sport Fishing
. We allow fishing, frogging, and the taking of crawfish for personal use on designated areas of the refuge in accordance with State regulations subject to the following conditions:

1. You must reset trotlines when exposed by receding water levels.

2. Conditions A4

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A04-13897. Public record. Not legal advice.
