2004-2005 Refuge-Specific Hunting and Sport Fishing Regulations

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:

Final rule.

SUMMARY:

The Fish and Wildlife Service adds 10 new refuges and wetland management districts to the list of areas open for hunting and/or sport fishing programs and increases the activities available at 7 other refuges. We 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:

This rule is effective August 31, 2004.

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 standardizing and clarifying 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.

Response to Comments Received

In the June 30, 2004,

Federal Register

(69 FR 39552), we published a proposed rulemaking identifying refuges and their proposed hunting and/or fishing programs and invited public comments. We published corrections to the proposed rule on July 14, 2004 (69 FR 42127) and on July 23, 2004 (69 FR 43964). We reviewed and considered all comments received by July 30, 2004, following a 30-day comment period.

We received five comments on the proposed rule: Three in opposition to the openings, one with specific concerns about a particular refuge, and one “neither for nor against hunting and fishing per se” but with specific concerns about the content of the rule. Of the five comments, one came from an individual and four represented nongovernment organizations.

Comment: One commenter felt the figures on retail trade from this change in the economic analysis section of the rule [addition of refuges to the list of refuges open to hunting and fishing] are misleading, inaccurate, and irrelevant. The major source of money/spending is bird watching, a peaceful pursuit. In the same vein, another commenter felt that there is far more money spent by nonconsumptive users (birdwatchers) than by consumptive users (hunters/anglers).

Response: The inclusion of the estimated economic impacts to retail trade and small businesses are not irrelevant because these data are necessary to comply with the Regulatory Flexibility Act. We base the estimated impacts to retail trade in Table 3 upon: (1) The expected additional fishing and/or hunting days, and (2) the average expenditures per day for anglers and hunters. These data are depicted in Tables 1 and 2. We base the estimate for the expected additional fishing and/or hunting days upon the refuge's best available information. We base the estimate for the average daily expenditures upon the “2001 National Survey of Fishing, Hunting, and Wildlife-Associated Recreation.” Although proportionately to their numbers, hunters generate more revenue than nonconsumptive users. The Administration Act authorizes us, when compatible, to allow both consumptive and nonconsumptive activities, regardless of economic benefit. While bird watching and other nonconsumptive recreational activities do generate economic activity, they are not the subject of this proposed rulemaking. No changes were made to the regulation as a result of this comment.

Commenter:

A commenter observed that “65% of refuges are open to gratify the demands of 4.56% of the United States population.” They felt that allowing the hunting/fishing, therefore, is not in the public interest.

Response:

Those refuges that have found hunting and fishing to be compatible activities with the purpose(s) for which the refuge was established have determined that allowing those activities are in the public interest. Additionally, the Administration Act identifies hunting as one of the priority general public uses that should be facilitated when found to be compatible. The proportion of the public that participates in these activities is not the subject of this regulation. No changes were made to the regulation as a result of this comment.

Comment:

A commenter felt that lead shot used by hunters is a detriment to the environment.

Response:

We implemented a nationwide conversion to nontoxic shot for waterfowl hunting beginning with the 1991-1992 hunting season. In the December 4, 1995,

Federal Register

(60 FR 62035), we issued final regulations adopting requirements to use nontoxic shot to hunt wildlife species other than waterfowl and coots on certain refuges beginning with the 1996-1997 hunting season. In the September 3, 1998,

Federal Register

, we identified refuges subject to the rule. Regulations contained in 50 CFR part 32 prohibit the use or possession of toxic shotgun pellets by upland game hunters on WPAs and certain other areas (refuges or areas within refuges) of the Refuge System to the extent needed to protect against significant lead exposure to migratory birds. We delineated these areas on maps, leaflets and/or signs (available at each refuge headquarters or posted at each refuge) or as stated in refuge-specific regulations. We specifically identify the shot allowed in areas of the Refuge System by reference to the shot identified in 50 CFR 20.21(j). The only species that we allow hunters to use slugs and shot containing lead are for turkey and deer, unless specifically prohibited by the refuge. The shot used in deer hunting is too large to be ingested by waterfowl and not normally used in wetland areas. No changes were made to the regulation as a result of this comment.

Comment:

A commenter felt that the Service has erred in categorically excluding the proposed rule from National Environmental Policy Act (NEPA) review and that an Environmental Impact Statement (EIS) should have been prepared.

Response:

We disagree with the statement that the Service should have prepared an EIS for the opening of the refuges to hunting and fishing covered by this rulemaking. Each individual refuge, when making a determination as to whether or not to allow hunting and/or fishing, complies with NEPA when preparing an “opening package.” For each of the refuges included in the rulemaking, we prepared Environmental Assessments and determined that EISs were unnecessary. No changes were made to the regulation as a result of this comment.

Comment:

A commenter felt that dogs should not be used to hunt/kill/follow/torment any wildlife.

Response:

On some refuges we allow dogs to point, flush, or retrieve game. This allows more efficient harvest of birds that may have otherwise been crippled and possibly lost to the hunter. We prohibit dog owners to allow their dogs to run loose on the refuge pursuing nongame animals. Dogs must be under the strict control of their owners at all times. No changes were made to the regulation as a result of this comment.

Comment:

A commenter stated that the 1997 Improvement Act does not require us to open refuges to hunting.

Response:

No, the Act does not require us to open to hunting. However, it stipulates that hunting (along with fishing, wildlife observation and photography, and environmental education and interpretation), if found to be compatible, is a legitimate and priority general public use of a refuge that should be facilitated.

Comment:

A commenter asked that we consider prohibiting bowhunting of deer, waterfowl hunting, and other forms of hunting that result in high wounding/low recovery rates of species.

Response:

When we allow hunting on national wildlife refuges, our goal is to manage hunt populations and provide compatible wildlife-dependent recreation, as required by the Improvement Act. One goal of a managed hunt program is to provide a hunt that minimizes loss or crippling of animals. We do this, for instance, by encouraging use of decoys and calling

techniques which bring birds closer to the hunter, resulting in reduced crippling or loss of birds. Also, many of our refuges near urban areas that have hunt programs require hunters to “qualify” at an approved firing range with the weapon they will hunt with prior to hunting on the refuge.

Comment:

A commenter expressed concern with the proposal to allow hunting of American woodcock on some refuges due to declining numbers of the species. The commenter further mentioned that the 1929 Migratory Bird Conservation Act (MBCA) authorized the Federal government to acquire land for migratory bird refuges to serve as “inviolate sanctuaries” where hunting was prohibited.

Response:

We generally establish hunting programs on national wildlife refuges in accordance with State hunting regulations, although we may be more restrictive than the State. We rely, in part, on the data and professional judgment of State fish and wildlife agencies to establish hunting parameters, including seasons and bag limits, on refuges. We also rely on compatibility determinations specific to each refuge in establishing or administering hunt programs. A component of the compatibility determination that refuge managers are required to complete prior to opening to a new hunting opportunity is to consider the biological impacts of the opening on the species to be hunted. This consideration includes potential impacts to habitat and the refuge's wildlife resources.

Although we were to initially manage areas acquired under the MBCA as “inviolate sanctuaries”, that requirement of the MBCA was amended in 1949 to allow hunting on up to 25 percent of each inviolate refuge. Another amendment in 1958 increased the total area of an inviolate refuge that could be opened for hunting up to 40 percent. Whether an area is an inviolate sanctuary is a function of the mechanism of its creation. If a refuge was acquired as an inviolate sanctuary, only 40 percent of the refuge area may be opened at one time for hunting of migratory game birds. However, if the refuge was not acquired as an inviolate sanctuary, 100 percent of the refuge area may be opened for hunting. No changes were made to the regulation as a result of this comment.

Comment:

A commenter believes a 1981 Brunnell and Tait study to support a 20 percent acceptability mortality rate for bears referenced in a compatibility determination (CD) by Canaan Valley National Wildlife Refuge in West Virginia is outdated and does not adequately address the issue, since it is the refuge's only literature source.

Response:

We disagree. When the CD was written in 1997, the best available information was used to make the decision. The 1981 study, at that time, was the best source to document an acceptable mortality rate. The manager also used other information to formulate sound professional judgment. The CD also cites a 1995 report by the West Virginia Department of Natural Resources (DNR) that shows the reproductive potential in the West Virginia bear population is not being limited. It was also reported that the Tucker County black bear population, as indexed by mortality, has been increasing during the past 10 years and that current (1997) West Virginia harvest regulations do not appear to be limiting the population. It should also be noted that current refuge regulations on black bear harvest are more restrictive than State regulations with a 1 week shorter gun season. A 1996 literature citation also states that black bear harvest regulations in West Virginia protect female bears with cubs by allowing firearm hunting only in December when most pregnant females and females with yearling cubs are already in winter dens. It is further stated that this has resulted in bear population expansion in the State.

In 2002, the refuge completed a preacquisition CD for hunting, which is available to the commenter for review. In this document, a West Virginia DNR conservation officer supplied comments on existing hunting use in the Main Tract, Canaan Valley. Specific to bear hunting, he stated “the main areas for bear hunting are Cabin Mountain and the Dolly Sods area adjoining the Refuge to the southeast. Bear hunting occurs on the slopes and ridge tops, not in the CV (Canaan Valley) wetlands. Many people hunt bears with dogs over bait, although baiting is illegal. Archery hunting is probably the most popular method of bear hunting in the state and in Tucker County. There is little interest in hunting bears with dogs in the lower areas of CV for two reasons: Bears are scarce and there are few trees for dogs to tree bears.” Current data support the low interest in bear hunting on the refuge. In the 2002-2003 hunting season, the refuge issued 94 Special Use Permits for bear hunting with 43 actual hunters. No bear were reported harvested. Last year, 2003-2004 hunter survey returns indicated that there were only 13 bear hunters on the refuge with 1 bear reported harvested. This data is based on 40 percent of hunters responding, so the number of bear harvested may be low.

Our regulations in 50 CFR 25.21(f) call for “re-evaluation of compatibility determinations for existing wildlife-dependent recreational uses when conditions under which the use is permitted change significantly, or if there is significant new information regarding the effects of the use, or concurrently with the preparation or revision of a comprehensive conservation plan (CCP), or at least every 15 years, whichever is earlier.” The commenter has not provided, and we are unaware of, more recent sources of information disputing that which exists in the current CD. No changes were made to the regulation as a result of this comment.

Comment:

A commenter stated that the CD for Canaan Valley does not adequately address impacts to other wildlife species by bear-trailing dogs.

Response:

We disagree. Again, at the time the CD was written in 1997, there was very little scientific information that showed that pursuit dogs/trailing hounds have effects on other wildlife. Even so, the manager had sufficient information to determine that the use would not materially interfere with or detract from the purpose(s) of the refuge. The refuge manager used a 1990 literature citation that addressed effects on wild turkey hens. That study represented the best available information at that time. To date, few studies have addressed this issue. The refuge is currently unaware of any definitive literature, nor did the commenter provide any source of information, that proves significant impact on nontarget wildlife populations from the use of pursuit dogs. The refuge manager reviewed literature during the preacquisition CD writing on potential impacts to black bear hunting, including: Higgins, Kristine. 1997.

Hunting dynamics, condition estimates and movements of black bears hunted with hounds in Virginia

. This report studied populations of black bear hunted with hounds and populations where hounds were prohibited. Findings included no significant difference in reproduction between the two populations (8 years of data).

The refuge does not have any information showing that pursuit dog hunting impacts nontarget wildlife populations. If literature exists past 1997, the refuge would welcome the information. When the refuge's CD is scheduled for review in 2007, the refuge manager will review the most current literature available. It should also be noted that few hunters are using trailing dogs to hunt bear in the refuge and that most bear hunters pursue their sport

with archery. The refuge is still concerned about nontarget species impacts and will address this further in the comprehensive conservation plan (CCP) in 2007. No changes were made to the regulation as a result of this comment.

Comment:

A commenter questioned that Canaan Valley NWR's CD's stipulations pursuant to the use of trailing dogs do not adequately address the safety of other users of the refuge.

Response:

We disagree. At the time the CD was written, the refuge did not consider hunting bear with trailing dogs to be inconsistent with public safety. Although not specifically stated, the timing of the bear hunting season in mid-December separates other refuge users temporally from this activity. There is very little visitor use of refuge trails in mid-to-late December. Roads and parking areas are usually not accessible due to snow conditions. The majority of refuge visitor use is on cross-country ski trails that we manage in cooperation with Whitegrass Ski Touring. Recent communications with Whitegrass operations confirm that road conditions limit hunter access in vicinity of ski trails and that most hunters hunt the other side of the mountain on U.S. Forest Service land.

In addition, the Refuge Hunt Plan limits locations where hunters can release dogs, such as Old Timberline and Cortland Roads. This eliminates interactions on public use trails as well as conflicts with adjacent private landowners. The no-rifle zone further provides for public safety concerns on the refuge's south end as most bear gun hunters using dogs use rifles and will not hunt in these locations, which include Beall and Freeland public use trails.

We foresee no issues with the current hunt program. Staff evaluations and monitoring are ongoing and the refuge can implement changes as needs arise. No changes were made to the regulation as a result of this comment.

Comment:

A commenter felt that the CD prepared for Lake Umbagog NWR (Maine and New Hampshire) should be revised and more thoroughly completed prior to authorizing the use of trailing dogs for hunting of black bear and coyote.

Response:

The refuge feels the CD for hunting at Umbagog is sufficient and a valid and pertinent document prepared with the best information available at the time in consultation with the States of Maine and New Hampshire (States), using data from both States on populations and take.

The commenter expressed concern that there is nothing to stop trailing dogs from attacking other species. Both the refuge and biologists from the States are unaware of any such cases, nor did the commenter provide or reference supporting documentation.

The commenter claims that the dogs could interfere with other compatible uses such as bird watching. The timing of the States' hunting seasons are set to minimize conflict between users. Bear hunting season occurs in the fall and winter when bird watching is minimal. While it is possible for a dog to flush a bird away from a bird watcher, the effect is temporary, and the chance of it occurring is unlikely. The refuge experiences very light bear hunting (as well as few bird watchers) during bear season. To date the refuge has never received a complaint about trailing dogs (which we limit to four dogs per hunter) impacting wildlife watching. According to New Hampshire Fish and Game, there has never been a complaint of this type at the State level either. The State of Maine also confirmed they are unaware of any conflicts between wildlife watchers and houndsmen. Maine observed that the species being run by hounds on State property (coyote, bears, and bobcat) “are pretty secretive and have low public visibility. In addition, houndsmen try to run their dogs away from the main road systems so their dogs do not get hit crossing a road. This also lowers the probability of there being a conflict with viewers.” The commenter did not provide or reference supporting documentation.

The commenter states they believe there are obvious impacts to refuge habitats. Prior to refuge ownership, hunting bear and coyote with trailing dogs had been occurring for many years. Both the refuge and the States have not seen any obvious impact to habitat from this activity, nor did the commenter provide or reference supporting documentation.

The commenter claims that the CD does not address potential impacts to other wildlife species by trailing dogs. As with Canaan Valley NWR, at the time the refuge wrote the CD in 2000, there was very little scientific information that showed that trailing dogs have effects on other wildlife. Dogs used to pursue bear or coyote are well trained before use, and their handlers are responsible for ensuring that the trail or track is the species targeted. It would be counterproductive to the hunt if dogs trailed nontarget species, such as Canada lynx. In the unlikely event a bear-trailing dog pursues a Canada lynx, the lynx would climb a tree and the handlers would turn dogs away, leaving the animal unharmed. Again, the commenter did not provide or reference supporting documentation.

The commenter referred to the final compatibility regulations pursuant to the Improvement Act published in 50 CFR parts 25, 26, and 29. Although the Service published these regulations in October after the refuge developed their CD in March of the same year, the compatibility standard enacted in law and applied in those regulations is the same as was in use when the CD was completed. No new information has been presented that would cause the manager to revise the CD. The refuge does not believe that the use of trailing dogs is incompatible and stands behind the CD written in 2000 and the current hunting plan. The refuge will review the CD as part of the CCP currently in development which will satisfy the review requirement for this document. No changes were made to the regulation as a result of this comment.

Comment:

One commenter observed that certain portions of Anniston-Calhoun Fort McClellan Redevelopment Joint Powers Authority (the “JPA”) land located adjacent to the Mountain Longleaf National Wildlife Refuge in Alabama (Longleaf) and certain portions of Longleaf are “currently undergoing characterization for the presence of military munitions.” “Military munitions have been discovered on JPA land and on Longleaf. Entrance onto the JPA land is currently restricted by land use controls * * * [but] there is no consistent and distinctive boundary delineations, other than Service signage and old U.S. Army signs between the JPA land and Longleaf.” The commenter is concerned that allowing the public to voluntarily enter Longleaf may result in inadvertent encroachment by members of the public onto JPA land. “Such entry may expose these members of the public to the potential serious dangers inherent in the presence of military munitions in unknown and undisclosed locations.”

Response:

The commenter is correct in stating that portions of Longleaf are contaminated with unexploded ordnance (UXO). The vast acreage once owned by the Department of Defense (DoD) has provided protection to many species and habitats that were lost in the surrounding landscape. The DoD has recently begun to divest themselves of a portion of these lands. When there is a clear public benefit to be provided by continued protection of these lands or we are legislatively instructed to do so, the Service has assumed habitat management responsibilities for many former DoD areas, as is the case at Longleaf.

Many areas where the Service has assumed habitat management

responsibilities remain closed to the public due to known contamination or because the amount or location of contamination is unknown. In the case of Longleaf, the DoD has identified those areas where we may allow public use activities. In addition, the DoD has identified and implemented those land use controls that they believe are necessary to prevent inadvertent trespass into contaminated areas.

Land use controls implemented by DoD on Longleaf are identical in almost all respects to those currently in place on the adjacent JPA land that is also open to the public and include: (1) Creation of a “No Entry” buffer around contaminated sites; (2) Gating or permanently barricading all access roads into the “No Entry” buffer; (3) Installation of UXO Warning signs at 200-foot (60-m) intervals around the “No Entry” buffer; (4) DoD-implemented UXO education and information program; and (5) Restricting public access to daylight hours only to avoid any inadvertent access into the “No Entry” buffer around contaminated sites. All hunters must sign and carry with them a hunting permit stating that they understand the rules and regulations regarding hunting on the refuge. This hunting permit contains a map showing the boundary of those areas of the refuge that may be hunted.

All land use controls identified by the DoD as necessary to prevent inadvertent trespass into contaminated areas are in place. Monitoring will be done to ensure that these land use controls remain in place and the public is protected from inadvertent trespass into contaminated areas.

Comment:

A commenter asked that we remove language prohibiting commercial activities unless authorized by a Special Use Permit for Bayou Teche, Atchafalaya, Bayou Cocodrie, and Bayou Sauvage NWRs in Louisiana.

Response:

After further review, we accept the changes suggested by the requestor and have revised the condition to simply prohibit commercial activities on those refuges. We similarly made that change to Delta and Big Branch Marsh NWRs in Louisiana.

Comment:

A commenter questioned inclusion of language on the requirement of a Special Use Permit (SUP) for commercial guiding services on Overflow and Pond Creek NWRs in Arkansas if we do not allow those commercial activities.

Response:

We contacted the refuges in question, and they concur. We have modified the language for both refuges to read as follows: “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. Failure to comply with this provision subjects each hunter in the party to a fine if convicted of violation.”

Comment:

A commenter questioned the completeness of a compatibility determination (CD) for Cache River NWR in Arkansas relative to the refuge allowing commercial fishing activities with an SUP.

Response:

Cache River NWR has suspended, effective immediately, all commercial fishing activities on the refuge until such time as the revised CD (a 10-year document, which expired July 27, 2004) has been signed by the Regional Director. The following comments will be incorporated as an attachment to the CD currently in the approval process to provide additional detail about this activity.

We utilize commercial fishing to remove fish commonly known as rough fish from the refuge streams and oxbow lakes. The species targeted for removal include German carp, silver carp, big head carp, grass carp, black carp, buffalo, and catfish. Of the seven species listed, the five carp species are exotics, which as a group have impacted and to a degree replaced the native fisheries within the refuge and ecosystem. A recent study completed by Arkansas State University determined that 40 percent of the fisheries located in the mid and upper portion of the Cache River and its primary tributary, Bayou DeView, were carp. The overly abundant native buffalo, and to a lesser degree, catfish, also compete with other native fisheries.

One of the primary objectives of the Refuge System is to remove exotics from refuges and to restore historic native populations. Removal of these exotics and a reduction in the native rough fish population by commercial harvest is a management practice aimed at reducing the competition and adverse impacts to native species, especially during early life stages. During early developmental stages, fry from these species and native species both feed on micro and macro organisms, which are no longer available in historic concentrations due to increased water turbidity and other factors. Although humans are responsible for most of the turbidity, carp and buffalo (bottom feeders) also contribute and stir up sediments, which increases turbidity and impacts native fish nest and spawning habitat. Fishery biologists with the Service have historically recommended commercial harvest of these species to refuge managers as a management tool with the objective to increase and restore native fish populations on refuges. Commercial harvest of these species at Cache River NWR is a management activity aimed at achieving the Service mission of removal of exotics, restoration of native fish populations, and providing a native and sport fishery for the enjoyment of the public now and for future generations.

Comment:

A commenter questioned whether we allow commercial turtling on White River NWR (Arkansas), and also felt that removing nongame “rough fish species” (by allowing commercial fishing with an SUP) appears to violate the Improvement Act's requirement to maintain a diversity of species and should be found incompatible.

Response:

White River NWR does not allow commercial turtling, and we have removed that language from the regulations and added the qualifier: “We prohibit commercial turtling on both the North and South Units year-round.” The refuge has suspended, effective immediately, all commercial fishing activities on the refuge until such time as the revised CD (a 10-year document, which expired August 5, 2004) has been signed by the Regional Director. The following comments will be added to the CD currently in the approval process to provide additional detail about commercial fishing with an SUP.

Commercial fishing is an important management tool which is used to maintain native fish populations on natural lakes, bayous, and streams located on White River NWR.

In accordance with State regulations, commercial anglers are only allowed to remove rough or nongame fish from refuge waters. This management tool has been in practice since White River NWR was established in 1935. At that time, the goal of commercial fishing was to improve the waters for sport fisheries; however, this management practice is even more critical today than it was in the 1930's.

Today, numbers of exotic fishes are on the increase and several species, which include German carp, silver carp, bighead carp, grass carp, and black carp, have successfully invaded and established populations within refuge waters. While commercial anglers do remove native species such as catfish and buffalo through normal commercial fishing techniques, they also remove large numbers of nonnative carp (which have commercial value). The removal of these exotic species is not imperative for the long-term health of the Lower White River Ecosystem (Lower White). A recent study by Arkansas State University found that as many as 40 percent of the total fish population in the Cache River Basin consisted of carp. While the Cache River is upstream of White River, this same scenario of a 40 percent carp component appears to be similar on the Lower White as is being demonstrated by an ongoing fish study of White River NWR oxbow lakes (Arkansas Tech University).

Commercial fishing reduces competition and adverse impacts to native species, especially during early life stages of many fish. During early developmental stages, fry from these exotic species, as well as native fish species, feed on a wide array of invertebrates that in many cases are no longer present in sufficient numbers. This is due to the increased turbidity that is caused not just

from influences from upstream areas, but from bottom-foraging activity of the nonnative carp. Without proper controls, the bottom-foraging activity will, over time, continue to upset this delicate balance having long-term impacts on native fish populations throughout the basin.

Fish and Wildlife Service biologists within the Refuge System, the Service, as well as numerous State fish and wildlife agencies have recommended removal of rough fish by commercial methods as a management tool. Commercial harvest of these species at White River NWR, as well as numerous other national wildlife refuges, is a management activity aimed at achieving the Service mission of removal of exotics, restoration of native fish populations, and providing an assemblage of native fish species which will be maintained.

No change was made to the statement concerning commercial fishing with an SUP as a result of this comment, but we did remove the statement on commercial turtling with an SUP and inserted the statement prohibiting commercial turtling.

Comment:

A commenter suggested that we prohibit sandhill crane hunting on Lacreek National Wildlife Refuge (Lacreek) in South Dakota due to similarity of appearance with whooping cranes.

Response:

A number of safeguards exists to provide protection for whooping cranes during their migration (only one whooping crane has been observed on the Little White River Recreation Area (Area) refuge since its establishment). In the event that a whooping crane was documented using the Area, all public uses, including sandhill crane hunting, could be restricted under the authority of the Endangered Species Act of 1973 (16 U.S.C. 1531-1544) until the whooping cranes continued on their migration. Hunters wishing to hunt sandhill cranes must secure a free sandhill crane permit issued by the State either from the refuge headquarters or from a conservation officer. If a whooping crane was known to be in the area, the hunter would be notified and any temporarily closed areas indicated. The Area is also not ideal sandhill or whooping crane habitat. It is managed for recreation, including boating and fishing. The deeper waters required for these activities do not provide suitable habitat for either whooping or sandhill cranes. As a result, nearly all sandhill crane hunters avoid hunting the Area and instead spend their time hunting private cropfields where they are much more likely to encounter sandhill cranes. The remainder of Lacreek, where sandhill and whooping crane use is likely to occur, is closed to sandhill crane hunting. No change was made as a result of this comment.

Comment:

A commenter observed there was no CD on file for commercial guiding, which would be required to issue an SUP, for Bill Williams River NWR (Arizona).

Response:

We disagree. We are not opening the refuge to hunting guides, we are simply informing the public of the process we would require (an SUP) if an individual wanted to provide commercial hunting guide services. Regulations at 50 CFR 25.41 authorize managers to issue permits, and 50 CFR 27.97 states “Soliciting business or conducting a commercial enterprise on any national wildlife refuge is prohibited except as may be authorized by special permit.” The refuge is an area experiencing an increasing amount of ecotourism, and they are attempting to educate, inform, and provide notice to the public by providing the requirements in this regulation. Further, local magistrates have indicated that any violations issued for improper commercial guiding would most likely not be upheld without warning to the public. Therefore, they recommended including this language to aid in successful enforcement. The refuge is scheduled to complete its CCP in 2009. A comprehensive management plan was completed for the refuge in 1994, with requisite CD's completed for wildlife-dependent activities at that time. Since commercial guiding was not occurring (and has not occurred to date), it was not included in the CD. At such time as the refuge receives a request for that activity, they will prepare a CD. No changes were made to the regulation as a result of this comment.

Comment:

A commenter felt that safety precautions, as provided in an environmental assessment (EA) prepared in 1988, in place to protect whooping cranes on Salt Plains NWR (Oklahoma), were insufficient to protect the species. The commenter feels sandhill crane hunting should be discontinued to protect the whooping cranes due to similarity of appearance.

Response:

We disagree. The last sighting of a whooping crane (four in the hunt area for about 45 minutes) on the refuge was October 27, 1984. There was also a sighting on April 1, 1996, of a whooping crane flying over the hunt area or in the vicinity. The refuge closed the hunting area at that time. The majority of the whooping cranes roost on the southwest corner of Great Salt Plains Lake (8,690 acres) where we prohibit migratory bird hunting. The hunt area is located on the northeast portion of the refuge's 32,000 acres.

Staff and volunteers closely monitor the hunting areas during the time whooping cranes are migrating south. When the cranes arrive in the area, we monitor their progress. As stated in the hunt EA, we close the area immediately to hunting if a whooping crane is present. We also post whooping crane posters at the entrance to the hunt area. This helps the hunter distinguish between sandhill and whooping crane. An ESA Section 7 was completed in 1987 at Salt Plains. Whooping cranes were listed within the action area. The finding was as follows: “Whooping crane—no direct impact. Utilization of the hunted area by whooping cranes is limited. The cranes have a tendency to feed and roost on private land surrounding the lake or in farm field C-1. Very rarely have they been reported to feed in the hunting unit and on private land adjacent to the hunted area. When whooping cranes are known to be on the refuge they will be closely monitored and on those occasions when whoopers are feeding in the hunt area, upland game and migratory bird hunting will be closed until the whooping cranes have left the refuge hunt area. Hunters will be informed of the potential of whooping cranes in the area by the use of posters placed at the check-in station.” Final determination: hunting will not affect whooping cranes.

Historically there have been very few sandhill cranes taken on the refuge. There were none in the 2003-2004 season and only a couple in the 2002-2003 season. The commenter did not provide or reference supporting documentation, nor is the refuge aware of, any incidental take of whooping crane at this refuge. The majority of sandhill cranes are taken on private property outside the refuge. We have contacted those private landowners and placed posters in their blinds and asked them to curtail hunting if whooping cranes land on their fields.

The refuge plans to routinely review their CD concurrently with preparation of the CCP, currently in draft form. No changes were made to the regulation as a result of this comment.

Comment:

A commenter feels that the CD prepared for Washita NWR (Oklahoma) fails to adequately protect whooping cranes in their migratory game bird hunting program and that we are lacking a Section 7 consultation under the Endangered Species Act. The commenter feels we should revise our regulations to terminate sandhill crane hunting.

Response:

We disagree. There are very few sandhill cranes taken on the refuge. The refuge last updated and reviewed the CD upon completion of the refuge's CCP (now in draft). A Section 7 consultation was completed in 1981 and revised in 1994. This consultation

determined “No effect” on bald eagle, peregrine falcon, whooping crane, and interior least tern. The commenter did not provide or reference supporting documentation nor is the refuge aware of any incidental take of whooping crane at this refuge. However, due to the concerns raised by the commenter, the refuge is currently reviewing their CD. They further plan to educate the public by posting whooping crane posters at the entrance to the hunt areas and working with the State to provide hunter orientation and species identification training. No changes were made to the regulation as a result of this comment.

Comment:

Two commenters felt that a 30-day public comment period was too brief and felt that more time was needed for adequate public response.

Response:

We disagree. The Refuge-Specific Hunting and Sport Fishing Regulations are an annual process in which we routinely publish the proposed rule each summer with a 30-day comment period. Other than the new section (§ 32.9) dealing with specific areas of the United States Unincorporated Pacific-Insular Possession remaining closed to commercial fishing (which has been removed from this final rule for reproposal at a later date), there is nothing contained in this annual regulation outside of the scope of the annual review process where we add refuges or determine whether individual refuges need modifications, deletions, or additions made to them. We make every attempt to collect all of the proposals from the refuges nationwide and process them expeditiously to maximize the time available for public review. We believe that a 30-day comment period gives the public sufficient time to comment and allows us to establish hunting and fishing programs in time for the upcoming seasons. Many of these rules also relieve restrictions and allow the public to participate in recreational activities on a number of refuges. Even after issuance of a final rule, we accept comments, suggestions, and concerns for consideration for any appropriate subsequent rulemaking.

Effective Date

This rule is effective upon filing in the

Federal Register

. We have determined that any further delay in implementing these refuge-specific hunting and sport fishing regulations would not be in the public interest, in that a delay would hinder the effective planning and administration of the hunting and fishing programs. We provided a 30-day comment period for the June 30, 2004, proposed rule. An additional delay would jeopardize holding the hunting and/or fishing programs this year or shorten their duration and thereby lessen the management effectiveness of this regulation. This rule does not impact the public generally in terms of requiring lead time for compliance. Rather it relieves restrictions in that it allows activities on refuges that we would otherwise prohibit. Therefore, we find good cause under 5 U.S.C. 553(d)(3) to make this rule effective upon date of filing.

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 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

NE

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

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.

Johnston Island National Wildlife Refuge closed to sport fishing this year. An Air Force installation exists as an “overlay” at Johnston Island. On June 15, 2004, the Air Force terminated its current mission and all military and civilian personnel were removed from the island. The Service also removed our personnel. The Air Force still has administrative jurisdiction and control over all the islands and Naval Defensive Sea out to 3 nautical miles, but there are no people there to engage in sportfishing, and outsiders are prohibited from entering the Naval Defensive Sea, so there is no need for recreational fishing regulations.

We are withdrawing the proposed 50 CFR 32.9 “What specific areas of the United States Unincorporated Pacific-Insular Possessions remain closed to commercial fishing?” We will address this issue separately at a later date. This does not alter the fact that Baker Island NWR, Howland Island NWR, Jarvis Island NWR, Kingman Reef NWR, and Palmyra Atoll NWR are closed to commercial fishing. As we stated in the

Federal Register

notice published on June 30, 2004 (69 FR 39553), the proposal was intended to more clearly display and give notice to the public of this fact. In addition, we are withdrawing the proposed modification to the portion of 50 CFR 32.71 dealing with sport fishing at Midway Atoll NWR. The regulations that currently cover this use remain unaffected; we will address this issue separately at a later date as well.

On July 30, 2004, the Alabama Department of Environmental Management (ADEM) issued an Emergency Administrative Order (Order) related to unexploded ordnance (UXO) and munitions and explosives of concern (MEC) investigations and recovery actions by the U.S. Army on portions of Mountain Longleaf National Wildlife Refuge in the State of Alabama. This Order was in response to reported violations related to the disposal of UXO and/or MEC by a U.S. Army contractor. These violations have now been documented. The ADEM Order specifically applies to prescribed burning activities on the refuge.

The Service requested from the U.S. Army a determination of whether the current Order or issues surrounding the Order would result in a change in their determination that public access may be safely allowed within the public use areas of the refuge. It has been determined that the public use areas of the refuge are not directly related to the Order. The area of the refuge that we plan to open to the public is not known or suspected to contain UXO. The areas now being reexamined under this Order are outside of the designated public use areas on the refuge.

The Service will continue to monitor the issues relating to this Order. Should new information become available that would lead us to believe that public safety may be compromised, we will close the refuge to all public uses including hunting in accordance with 50 CFR 25.21(e). Should the ADEM Order be modified in any way, we will evaluate its affect on public use on the refuge and close the refuge to the public, if necessary. Prior to opening for hunting, the refuge will work with the U.S. Army to ensure that all land use controls are properly in place and remain sufficient to protect public safety.

Medicine Lake National Wildlife Refuge in the State of Montana was inadvertently dropped from the 50 CFR 32.45 with the printing of the 2002 edition of the CFR. It is reinserted in that section in this final rule to correct this administrative error. It is still correctly listed in § 32.7 What refuge units are open to hunting and/or fishing?

The 2004-2005 hunting and sport fishing season will result in a net of seven 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 282.

This document codifies 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/.

We 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.

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 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.

There are marginal new economic impacts anticipated from decreasing the fishing opportunities at Stillwater NWR in Nevada. They estimate that only 12 anglers a year are impacted and substitute sites are readily available. Because this impact is marginal, we do not conduct a quantitative analysis. Further, there are no impacts anticipated from decreasing the fishing opportunities at Johnston Island NWR in U.S. Unincorporated Pacific Insular Possessions because the only anglers were resident military personnel and contractors. Effective June 15, 2004, the U.S. Air Force removed all personnel from the island. Outsiders are prohibited from entering the 3 nautical mile Naval Defensive Sea surrounding Johnston Island.

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 $875,000 annually and an estimated increase of 11,035 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 $232,000 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

—

150

150

Big Branch Marsh

6,835

—

4,000

4,000

Savannah

6,856

—

900

900

Total Days Per Year

309,815

1,090

11,935

13,025

Consumer Surplus per Day

$63.57

$67.53

Consumer Surplus for Quality Change

$24.13

$17.27

Change in Total Consumer Surplus

$69,296

$805,923

$875,219

Change in Quality Consumer Surplus

$26,306

$206,072

$232,378

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

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

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

11,935

Total Expenditures

$21.4 Bil

94

$206.5 Mil

$1,119,139

Trip Related

$5.5 Bil

24

$52.6 Mil

$285,195

Food and Lodging

$2.5 Bil

11

$24.5 Mil

$133,027

Transportation

$1.9 Bil

8

$17.9 Mil

$97,157

Other

$1.1 Bil

5

$10.1 Mil

$55,011

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 $651,000 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 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 Mil

4,700

0.001

218

153

Jennings, IN

156.0 Mil

4,700

0.003

100

70

Ripley, IN

226.2 Mil

4,700

0.002

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 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 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 rule. We do not expect this 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 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 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 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 opening 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 a CCP 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 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 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.

§§ 32.20 through 32.72

[Amended]

5. 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.

6. 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 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 each day (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 each day (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.

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

6. 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 each day (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 mooring or storing of boats from legal sunset to legal sunrise.

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 each day (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. Consult with the refuge brochure for further information.

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 mooring and storing of boats from legal sunset to legal sunrise.

7. 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.

8. 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 2:00 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 p.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 upland 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 p.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).

20. 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).

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

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

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.

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.

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. 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 (see § 32.2(j)). We prohibit consumption of alcoholic beverages in parking areas and on roadways.

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. 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, A6, A7, A11, A14, and A16 apply.

3. We prohibit consumption of alcoholic beverages in parking lots, on roadways, and in plain view in campgrounds.

Wapanocca National Wildlife Refuge

B. Upland Game Hunting.

We allow hunting of squirrel, rabbit, raccoon, nutria, beaver, coyote, feral hog, and opossum in accordance with State regulations subject to the following conditions:

1. Conditions A1, A3, and A4 apply.

2. We allow shotguns using approved nontoxic shot (see § 32.2(k)) and .22 long-rifle caliber rifles. We prohibit possession of lead shot and .22 magnum caliber rifles.

3. We provide annual season dates for squirrel, rabbit, raccoon, and opossum hunting on the hunt brochure/permit.

4. You may take nutria, beaver, feral hog, and coyote during any refuge hunt with the firearm allowed for that hunt, subject to State seasons on these species.

5. We prohibit dogs except for raccoon hunting where we require them. We prohibit pleasure running or training of dogs.

6. We allow raccoon hunters to use horses/mules but prohibit their use by other refuge hunters and visitors.

7. We prohibit hunting from or within 50 yards (45 m) of graveled roads and within 150 yards (135 m) of refuge buildings.

C. Big Game Hunting.

We allow hunting of big game on designated areas of the refuge in accordance with State regulations subject to the following conditions:

1. Conditions A1 and A4 and B4 apply.

3. We specify annual season dates, bag limits, and hunting methods on the annual hunting brochure/permit.

D. Sport Fishing.

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

1. We allow fishing from March 15 through October 31 from

1/2

hour before legal sunrise to

1/2

hour after legal sunset.

2. We prohibit fishing in Big Creek and other ditches that flow through the refuge.

3. We prohibit the possession or use of live carp, shad, buffalo, or goldfish for bait.

4. We prohibit the possession or use of yo-yos, jugs, or other floating containers, drops or limb lines, trotlines, or commercial fishing tackle.

5. We prohibit fishing within 100 yards (90 m) of any refuge building.

6. We allow bank fishing but you must park vehicles in designated parking areas.

7. We prohibit the taking of frogs, mollusks, and turtles (see § 27.21 of this chapter).

8. You must use the public boat ramp off Highway 77 to launch boats

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