2005-2006 Refuge-Specific Hunting and Sport Fishing Regulations

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 32

RIN 1018-AU14

2005-2006 Refuge-Specific Hunting and Sport Fishing Regulations

AGENCY:

Fish and Wildlife Service, Interior.

ACTION:

Final rule.

SUMMARY:

The Fish and Wildlife Service adds six refuges to the list of areas open for hunting and/or sport fishing programs and increases the activities available at seven other refuges. We also implement 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 2005-2006 season.

DATES:

This rule is effective on September 13, 2005.

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 in all States except Alaska 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) 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. With this rulemaking, we are also standardizing and clarifing 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 July 12, 2005,

Federal Register

(70 FR 40108), we published a proposed rulemaking identifying refuges and their proposed hunting and/or fishing programs and invited public comments. We reviewed and considered all comments received by August 5, 2005, the end of a 30-day comment period that opened on the date of public filing (July 6, 2005). We received 859 comments on the proposed rule. The comments/responses are grouped by major issue area.

Comment 1:

Many commenters expressed opposition to opening refuges to hunting and fishing and believe refuges should offer protection and safe haven for wildlife. They feel this rule violates the Service's own policy that “wildlife comes first in the National Wildlife Refuge System.” Also, commenters were concerned about endangered species being accidentally killed.

Response 1:

The Administration Act authorizes the Secretary to allow use of any refuge area for any purpose as long as those uses are compatible; and the Act specifically references hunting and fishing. Amendments to the Administration Act made by the National Wildlife Refuge System Improvement Act of 1997 (Improvement Act) establish wildlife-dependent recreational uses as priority uses, when compatible. It specifically includes hunting and fishing as wildlife-dependent recreational uses.

Additionally, we comply with ESA Section 7 before opening or expanding hunting on refuges in order to insure the programs will not jeopardize listed species.

Comment 2:

A commenter questioned the use of the 2001 figures from the “national source of hunting and fishing and wildlife” as being very old and inaccurate.

Response 2:

Due to the unavailability of site-specific expenditure data, we use the national estimates from the 2001 National Survey of Fishing, Hunting, and Wildlife Associated Recreation to identify expenditures for food and lodging, transportation, and other incidental expenses. These are the best available data that are consistent nationwide.

The number of hunting and fishing days are collected by each individual refuge annually. The hunting and fishing numbers presented represent the year 2004.

Comment 3:

A commenter questioned the use of lead shot by hunters.

Response 3:

50 CFR 32.2(k) specifically prohibits the possession of toxic shotgun pellets by hunters on waterfowl production areas and certain other areas (refuges or areas within refuges) of the System. This regulation does not apply to turkey and deer hunters using buckshot or slugs, except as specifically authorized by refuge-specific regulations or State laws. The only shot types allowed on the Refuge System are specifically identified in 50 CFR 20.21(j).

Comment 4:

Several commenters questioned the practice of allowing ATV use on refuges. They felt that refuges should prohibit ATV use unless they were found to be compatible and that our regulations did not address these issues of compatibility and other procedural issues relating to this subject.

Response 4:

We allow limited ATV use on some refuges. For example, in the State of Arkansas on Felsenthal, Overflow, and Pond Creek Refuges and in the State of Louisiana on Catahoula National Wildlife Refuge, we allow ATVs for wildlife-dependent activities only but restrict their use to designated times, dates, and specific trails. The refuges further limit the size of the engines, tires, etc. so as to minimize their impact. The refuges provide ATV use specifics to the public in their brochures. On Black Bayou Lake, D'Arbonne, and Upper Ouachita National Wildlife Refuges in the State of Louisiana, we prohibit hunting from or across ATV trails. And similar to the refuges mentioned at the beginning of this response, these refuges limit ATV use to designated times, dates, and specific trails, in addition to limiting their engine and tire size.

On Laguna Atascosa National Wildlife Refuge in the State of Texas, we allow ATV use for hunters with mobility impairments and other disabilities through the issuance of a Special Use Permit.

On Squaw Creek National Wildlife Refuge in the State of Missouri, the refuge manager has decided to prohibit all ATV use on the refuge, and we have revised condition A9 accordingly.

As required by the Administration Act, we determined these uses are compatible. In addition, we have complied with NEPA with regard to the hunting programs and associated ATV use. However, because these comments have raised the issue, we are commencing a System-wide review of our ATV approvals to ensure that we are meeting the requirements of E.O. 11644 and 11989.

Comment 5:

A commenter felt we should not allow hunting of greater prairie chicken and/or rail at Glacial Ridge National Wildlife Refuge in the State of Minnesota as most hunters cannot differentiate between a “flushed grouse and a greater prairie chicken or a snipe and yellow rail prior to discharging their weapon.”

Response 5:

The proposal to allow hunting of the greater prairie chicken on the Glacial Ridge National Wildlife Refuge (Refuge) will be cooperatively managed with the State of Minnesota (State). While it is possible for hunters to misidentify birds and take protected species, it is anticipated that through the Minnesota Firearm Safety Program, which is mandatory and covers wildlife identification, as well as providing the public other educational materials, this would be rare. In addition, sharp-tailed grouse, and the sora and Virginia rails, are species for which the State allows hunting. Ruffed grouse will not be affected, as it occupies different habitat.

Currently, the Service owns only 2,300 acres of the proposed 35,000 acre refuge. While it will be many years before we reach this goal, we are also developing plans for providing opportunities for the nonhunting public. While the main purpose of the Refuge is the restoration and management of tallgrass prairie habitat, we anticipate that the refuge will accommodate both consumptive and nonconsumptive compatible public use.

Comment 6:

A commenter was concerned about negligence in the hunting community and wondered about the lack of funding spent for law enforcement. Other commenters expressed concern about safety in general on refuges.

Response 6:

While there is inherent risk in any type of activity on a refuge, we promote hunter safety as much as possible. We require a State hunting license of hunters on national wildlife refuges. Most State regulations require hunter safety courses and certification prior to issuance of hunting licenses, and safety on refuges has increased as a result. We routinely review their needs, and changes in the 2006 budget will make it much easier to track law enforcement expenditures and plan accordingly.

Comment 7:

A commenter felt that without sufficiently detailed, annotated maps accompanying each refuge in the regulations, a brief physical description of the areas open to hunting is unclear, and we are in violation of Executive Order 12866.

Response 7:

We disagree and believe we are in full compliance with the Executive Order. Balancing a number of factors, including efficient ease of understanding and feasibility, we ask refuges to describe the boundary of the hunting areas for inclusion in regulations when they can do so simply. For many reasons, we do not publish maps for each refuge where public activities take place. For example, refuge boundaries are subject to change depending on land acquisition, and the refuge maps would be of such a small size to fit into the

Federal Register

, and subsequently codified in the CFR as to be useless for detailed boundaries of areas in question. However, detailed information is available at each refuge. We advise the public to consult with the refuge staff for further details and information, pick up a brochure (which in most cases include maps) available at each refuge, and/or view large-scale refuge maps posted at each refuge.

Comment 8:

Concerning Moosehorn National Wildlife Refuge in Maine, two commenters questioned allowing deer hunting, alleging it made the refuge unavailable for safe access for other users (including visits by school groups in October). Further, a commenter said that because of many years of deer hunting only, other species are less wary and more likely to be seen and easily killed. A commenter also felt that for years part of Washington County had been unsuccessfully trying to recover from overhunting, illegal hunting, and clear cutting. A commenter also felt woodcock numbers hadn't been growing and questioned allowing hunting for that species. A commenter also asked about adding coot and rail to the list of hunted species. A commenter also believes that since there are more wildlife watchers than hunters in Maine, this should be the focus of departmental policy.

Response 8:

Moosehorn National Wildlife Refuge has modified the regular Maine hunting season and provided 2,077 acres of “No Hunt Zones” to provide for hiking, photography, wildlife viewing, and other activities during the hunting season. Deer hunting will take place in areas of the Edmunds Division and in the section of Baring Division to the west of Route 191. We do not have a school nature trail in these areas. The school nature trail, which is 1.8 miles (2.9 km) long, is in the center of the No Hunt Zone and circles around the refuge office. It is on the core Baring Division and the only expansion of hunting in this zone is incidental take of coyote and bear during the deer hunt season that has been in existence on the refuge since 1957. The refuge has experienced no incidences in this area, and many school groups have visited without complaint or incident. Twenty years ago there was a

1/4

mile (.4 km) No Hunt Zone, which the refuge expanded to over

1/2

mile (.8 km) from trails and structures. This not only complies with State regulations but exceeds the standards. The refuge's Friends Group and Youth Conservation Corps are, in fact, working on this school trail this summer to insure that there are good directional signs.

It is the refuge's opinion that the wildlife population of eastern Washington County is diverse and healthy and that the clear-cut areas from 15-20 years ago have developed into excellent wildlife habitat. This habitat will provide excellent cover for wildlife, and an expanded hunting program will have little effect on migratory species and mammals that move on and off the refuge lands. The white-tailed deer population in Washington County has been below State optimal objective levels, but the reasons for this are not well understood. The average number of deer taken on the 28,800 acres of the refuge during the hunting season over the last 8 years is eight deer per year. The refuge has a vigorous biological program that monitors its wildlife resources, and along with our law enforcement program, ensures that we protect our resources.

The refuge's hunt plan does not call for any migratory bird hunting (which includes woodcock) on the core Baring Division. The refuge is trying to preserve this nonhunted woodcock population for further study. There was a study conducted (McAuley

et al.

2005) that indicated that hunting did not appear to reduce the overall survival of woodcock on the Moosehorn Breeding Grounds. Woodcock numbers have, in fact, increased substantially on the refuge since intense habitat management began in the late 1970s.

The refuge gave consideration to adding coot and rail to the list of species for hunting; however, for this season they decided not to add them to the list.

The National Wildlife Refuge System Improvement Act of 1997 encourages hunting, when compatible, on national wildlife refuges along with other activities as long as the biological compatibility process has been met. It is the refuge's finding that, based on State data, the species hunted have sustainable populations.

We are considering adding coot, sora, and Virginia rail to the list of species hunted and will review and make that determination for the next hunting season (2006-2007).

Regardless of the number of participants in wildlife watching or hunting activities, we believe both of these uses are important to the economy, and we provide for both groups as best we can within our budgets.

Comment 9:

A commenter questioned the use of “natural material” for hunters constructing blinds and wondered if that might be a source of introduced nonnative/invasive species on a refuge.

Response 9:

We are adding language to all of the wetland management districts in North and South Dakota that will read as follows: “We prohibit bringing any type of live or dead vegetation onto the refuge for any purpose at any time.” We are also amending the language for Upper Mississippi River National Wildlife Refuge in Illinois to expressly prohibit nonnative materials. On Don Edwards San Francisco Bay National Wildlife Refuge, the refuge has allowed the public to bring in materials for temporary blind construction in the Ravenswood ponds for decades. It has not resulted in invasive species being introduced to the area.

Comment 10:

A commenter recommended that we make all attempts to minimize the amount of additional regulation, restriction, permits, fees, etc., associated with implementing this proposed rule and felt there were redundancies with State regulations. This comment was specific to Great Meadows National Wildlife Refuge in Massachusetts (Great Meadows).

Response 10:

It is not our intent to burden a hunter with additional regulations and restrictions. Rather, our intent is to provide hunters with quality wildlife-dependent recreational experience, as stated in Refuge System policy (8 RM 5.2A of the Refuge Manual, U.S. Fish and Wildlife Service, 1985). The Refuge Manual (8 RM 5.5) states: “Refuge hunting programs should be planned, supervised, conducted, and evaluated to promote positive hunting values and hunter ethics such as fair chase and sportsmanship. In general, hunting on refuges should be superior to that available on other public or private lands and should provide participants with reasonable harvest opportunities, uncrowded conditions, limited interference from or dependence on mechanized aspects of the sport. This may require zoning the hunt unit and

limiting the number of participants. Good planning will minimize the controls and regimentation needed to achieve hunting objectives.” The additional measures implemented by refuge staff will help facilitate such an experience. In addition, we review the hunting program annually to ensure compatibility with the Service mission and refuge purposes as well as its compliance with Federal and State hunting regulations.

Comment 11:

The same commenter questioned our repeating the State requirement of required hunter orange clothing for hunters on Great Meadows.

Response 11:

Safety is a priority on all of our refuges, and we feel this is a condition that bears inclusion in our regulations, even if it repeats the State regulations. The statement of this requirement may seem redundant because it is listed under three separate refuges (Assabet River, Great Meadows, and Oxbow National Wildlife Refuges) on the same page of the

Federal Register

.

Comment 12:

The same commenter questioned whether condition A12 should apply to big game hunting as well as to migratory bird hunting on Great Meadows.

Response 12:

The commenter points up an error on our part. In fact, condition A12 states that we allow no more than two dogs per hunting party and is only applicable to Migratory Game Bird Hunting, not for Big Game Hunting. The correct condition we should have referenced for Big Game Hunting under C4 is A10, which actually prohibits use of dogs during scouting. We corrected that error in the final rule.

Comment 13:

The same commenter questioned our statement that costs should be minimal for the proposed rule, which flowed down to the individual refuge hunt plans, for Great Meadows. Therefore, the commenter feels that no additional fees or charges should be implemented or associated with the proposed rule.

Response 13:

There are sufficient funds within the annual operating budget of the Eastern Massachusetts National Wildlife Refuge Complex (of which Great Meadows is a part) to conduct the refuge hunt program. There will be little difference in the amount of law enforcement needed whether or not the refuge is open to hunting. We focus current law enforcement efforts on prohibiting poaching on the refuge. By opening Great Meadows to hunting, the refuge will incur additional administrative costs due to the issuance of hunt permits and outreach, particularly in the first few years of the hunt program.

Comment 14:

The same commenter questioned where the “Additional Hunting Day” figures came from on Table 1, Additional Hunting Days, and felt that the numbers were too low for Great Meadows. The commenter felt that the refuge can accommodate a much larger number of hunting days over the course of the hunting season. The commenter recommended eliminating the permit restrictions after the initial opening days.

Response 14:

The number of hunters anticipated represent good-faith estimates from the refuges when they were asked to estimate annual hunter participation for the new activities for purposes of economic analysis on the overall impact of the rule on the local economy, and this is a conservative estimate. At this time the Service plans to institute a two-tiered permit process (first tier is that each hunter must possess a general permit, second tier is a lottery for big game and waterfowl hunting) that will be in effect at the three refuges located in the northern part of the complex (Great Meadows, Assabet River, and Oxbow). We will charge a fee for the permit and limit the number of permits issued through a lottery to ensure a quality hunt and help us achieve refuge management objectives. We are implementing this permit process because the anticipated level of interest in hunting deer, waterfowl, and turkey (where allowed) at these refuges is unknown, but could be initially high due to interest in hunting areas that have not been open for hunting for many years. Limiting the number of hunters on the refuge should ensure a quality hunt, increase safety, and reduce potential conflicts with other refuge users. The need to maintain the two-tiered permit process will be reevaluated after a few hunt seasons, and modified or eliminated if determined to no longer be necessary.

Comment 15:

The same commenter opposes the imposition of fees or user charges for hunters that would exceed any current fees/charges for other users of these refuge properties for Great Meadows. The commenter feels the permits should be free of charge.

Response 15:

Costs of administering the hunt will be partially offset by revenues received from the issuance of hunt permits. The only way the Service will be able to achieve, maintain, and provide a quality hunting program in the future is with additional funds to cover the administrative costs. Failure to receive additional revenues will have a significant impact on our ability to provide quality hunting opportunities on refuges and provide participants with reasonable harvest opportunities.

Comment 16:

The same commenter feels that the refuge should not attempt to regulate/limit scouting for waterfowl hunting areas, nor should they require a permit for this purpose for Great Meadows.

Response 16:

Once a hunter obtains a permit, we would then allow scouting in areas that are normally off limits or closed to the public. Allowing unlimited scouting in these areas could lead to adverse impacts on refuge habitat.

Comment 17:

A commenter expressed concerns about the section of Great Meadows around Heard Pond as being quite small. The commenter feels allowing hunting creates a safety issue as the area is in the midst of suburban neighborhoods.

Response 17:

The refuge weighs a number of factors in opening an area to hunting, including visitor safety considerations. The refuge manager may, upon annual review of the hunting program, impose further restrictions on hunting, recommend that the refuge be closed to hunting, or further liberalize hunting within the limits of State law. Restrictions will occur if hunting becomes inconsistent with other higher priority refuge programs or endangers refuge resources or public safety. There will be areas on the refuge where we prohibit hunting. We strive to achieve a balance between consumptive and nonconsumptive uses on the refuges. Because Massachusetts prohibits hunting on Sunday, at a minimum nonhunters will be free to enjoy the refuge with no concern about possible hunting conflicts on those days during the hunting seasons.

In others, we have restricted hunting because of the mandated safety zones, such as in the Heard Pond area. Further, State regulation requires a 500 foot (150 m) zone around any inhabited structure. As we state in the draft comprehensive conservation plan (CCP), “Hunting, whether by gun or bow, is prohibited in this area unless the hunter received permission from the owner of the building. It is the hunter's responsibility to ensure that he/she is more than 500 feet (150 m) from any such buildings.” There are times in which the safety zone extends into the refuge. We will prohibit hunting within these areas.

Based upon concerns expressed in response to the draft CCP, we reviewed the most up-to-date aerial photographs available, which include the Heard Pond area. We analyzed locations of the 500-foot safety zones around existing homes to determine whether or not a

reasonable hunting area could be provided given the constraints associated with safety zones. In addition to the aerial photo analysis, we went to the refuges to determine how visible the homes near the refuge are from inside the refuge. The Service will assist hunters and nonhunters in delineating any areas where there may be confusion as to the actual location of the safety zone.

Comment 18:

Many commenters also felt that the procedure by which we open refuges circumvents the review process mandated by both the National Environmental Policy Act (NEPA) and the Endangered Species Act (ESA). In a related comment, a commenter felt the Service erred in categorically excluding the proposed rule from NEPA review and feels we should prepare an Environmental Impact Statement (EIS).

Response 18:

As discussed in the section

SUPPLEMENTARY

of this rule, “New Hunting and Sport Fishing Programs,” we detail the steps which follow NEPA and ESA mandates. This final rule represents a compilation of the new refuges opening for this season and makes corrections to existing refuges listed in 50 CFR part 32. Each individual refuge, when making a determination as to whether or not to allow hunting and/or fishing, includes the appropriate NEPA and ESA Section 7 compliance 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.

The Service applies a categorical exclusion regarding the action of publishing the proposed and final rules. It does not assert a categorical exclusion regarding the opening or alteration of existing hunting or fishing programs. On the contrary, the Service complied with NEPA in each and every case in arriving at the decision to open or alter these programs. As we noted in the preamble to the proposed rule, we conduct all of the legally required compliance steps at each of the involved refuges before coordinating publication at the Headquarters level. It is the act of publishing the proposed rule, not the decisions regarding openings or alterations, which we categorically exclude. We also disagree with the commenter's opinion that the openings and alterations require an EIS.

Comment 19:

Several commenters objected to the 30-day public comment period as being insufficient time for adequate public comment.

Response 19:

We disagree that the comment period is insufficient. The process of opening refuges is done in stages, with the fundamental work being done on the ground at the refuge and in the community where the program is administered. In these stages, the public is given other opportunities to comment, for example, on the comprehensive conservation plans and the compatibility determinations. The second stage is when we publish the proposed rule in the

Federal Register

each summer for additional comment, commonly a 30-day comment period. There is nothing contained in this annual regulation outside 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, through the broader publication following the earlier public involvement, 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 wildlife-dependent 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.

Comment 20:

A commenter felt we believe that the Improvement Act provides carte blanche approval to us to open refuges to hunting and fishing and feels we have not ensured the availability of sufficient funds as the law requires.

Response 20:

We do not agree with commenter's characterization that the Improvement Act provides carte blanche approval for hunting and fishing on refuges. That Act, amending the National Wildlife Refuge System Administration Act, maintained the requirement that all uses be found compatible before allowing them, and the Service adheres to that. Each of these uses has been found compatible. We do note, however, that the Improvement Act establishes a policy that compatible wildlife-dependent recreational uses (two of the six specifically named being hunting and fishing) are to be facilitated. Moreover, the Improvement Act requires the Secretary to recognize the wildlife-dependent recreational uses as the priority general public uses, ensure that opportunities for compatible wildlife-dependent uses are provided within the Refuge System, and provides increased opportunities for families to experience wildlife-dependent uses such as hunting and fishing.

The reference to the Refuge Recreation Act (16 U.S.C. 460k) regarding a finding on availability of funds is incorrect. The Improvement Act specifically exempts wildlife-dependent recreational uses from that requirement.

Comment 21:

A commenter expressed concern that elk are being targeted as a threat to the Columbian white-tailed deer instead of cattle grazing at Julia Butler Hansen Refuge for the Columbian White-tailed Deer in Washington.

Response 21:

Elk traditionally used the mainland unit of the refuge as a wintering area. Before 1978, their numbers were relatively small (20 to 30), and they stayed on the refuge for only 2 to 4 months. After 1978, both the numbers of elk and the length of time they spent on the refuge began increasing for unknown reasons. By 1983 there were an estimated 110 elk living year-round on the refuge.

The Service recognized the need to control elk numbers to minimize competition between the deer and the elk. The Columbian White-tailed Deer Recovery Team stated that the presence of elk on the refuge was not compatible with the recovery of the deer and recommended that elk be significantly reduced or eliminated (letter from Recovery Team to Division of Endangered Species, dated February 13, 1984). In 1984, we prepared an Environmental Assessment (USFWS 1984) for elk control, and a public meeting was held in Cathlamet, Washington. We evaluated several alternatives, and it was decided to proceed, with the support of Washington Department of Fish and Wildlife (WDFW), with transplanting the elk to other areas of Wahkiakum County, construction of a barrier fence along the northeast side of the refuge, and off-refuge hunting (the issuance of additional anterless permits in the management unit adjacent to the refuge). In the Proposed Alternative of the 1984 Environmental Assessment, the Service proposed that we allow a maximum of 20-30 elk on the refuge. The transplanting program began in 1984 and 38 elk were moved off the refuge. Since then, an additional 283 elk have been captured and relocated. Currently transplanting elk is no longer feasible because the WDFW has withdrawn their support for this option.

The primary refuge objective is to maintain the refuge in optimum

condition for the Columbian White-Tailed Deer (CWTD). High elk numbers have the potential of causing significant damage to CWTD habitat through feeding and movement activities. Although a small herd of 20-30 animals may cause a level of damage that is tolerable to the deer, larger numbers can cause serious problems for the deer recovery effort. Despite the refuge's best efforts to exclude new elk from entering the refuge, each year some succeed. The herd also continues to grow due to the fact that calves are generally born every year.

Because the refuge's main purpose is to provide high-quality habitat for the CWTD, and because high numbers of elk in a relatively restricted environment can degrade deer browsing and resting areas, we must control elk population numbers on the refuge. Options for controlling the size of the elk herd are somewhat limited due to State concerns regarding relocation of animals and because of limited funds for moving elk.

Cattle grazing on the refuge, an important management tool for providing high-quality forage for the deer, control reed canary grass that the deer find unpalatable and allow more desirable grasses and clover to grow. We allow cattle grazing only in the spring and summer months and restrict them to small, fenced pastures. These pastures occupy less than 10 percent of the refuge land base. The deer prefer the pastures for feeding areas during the winter months. Cattle numbers on the refuge have been reduced over the past 10 years and are presently now at an all-time low. Elk, on the other hand, are free to roam throughout the refuge feeding on and trampling sensitive riparian areas.

Cattle grazing do not limit the growth of brush and trees on the refuge. Old fields that are not grazed become dominated by reed canary grass that outcompetes woody seedlings. The refuge is presently establishing brush and trees in old fields by plowing and planting saplings.

Columbian white-tailed deer numbers continue to hover at around 100 animals on the mainland unit. The refuge's stated goal for the mainland unit of the refuge is 200 animals. Control of elk numbers has been and continues to be an important component in recovery of the mainland population of CWTD.

Comment 22:

With regard to Eastern Massachusetts refuges generally, several commenters expressed concern about sufficient use of local population estimates in setting take limits for the proposed list of hunted species. They feel the local populations of woodcock, ruffed grouse, and common snipe appear to be low and should not be hunted. The commenter also felt that use of archery should be promoted over firearm hunting due to the refuges' location in a suburban area.

Response 22:

Woodcock and waterfowl (ducks and geese) populations are managed at a national level. The Service Migratory Bird Regulations Committee, comprised of flyway and State representatives, and Service personnel, annually prescribes frameworks, or outer limits, for dates and times when hunting may occur and the maximum number of birds that may be taken and possessed in early and late seasons. The length of hunting seasons, the number of permits issued, and bag limits are annually changed to reflect population status. Numerous and varied monitoring efforts are undertaken by a wide variety of organizations. The Service's Office of Migratory Bird Management conducts a number of surveys in conjunction with the Service's Regional Offices, the Canadian Wildlife Service, and State and Provincial wildlife-management agencies. For more information about migratory bird management, please consult their Web site at:

http://migratorybirds.fws.gov/mgmt/mgmttbl.html

.

The refuges have found both archery and shotgun hunting to be compatible. Refer to Comment/Response #6 for a further discussion of safety issues. The Eastern Massachusetts refuges exercise strict limitations on both the numbers of permits issued and where we allow hunting to minimize conflicts.

Comment 23:

A commenter also felt that deer (and another commenter mentioned turkey) hunting at the Eastern Massachusetts refuges should be determined by wildlife and habitat inventories and management step-down plans. They felt that hunting permits and check stations would be crucial to the success of such a program.

Response 23:

The hunting of resident species, such as deer, rabbits, and squirrels, falls within the responsibility of State fish and wildlife agencies, which also monitor and manage populations to ensure healthy ecosystems, sustainable populations, and a certain level of hunter success. We work in partnership with the Massachusetts Division of Fisheries and Wildlife and rely on their knowledge and expertise to determine the appropriateness of hunting seasons. We base any decisions we make to limit or prevent the harvest of resident species on any refuge on other refuge management concerns and not on a concern about the population of a given species. State fish and wildlife agencies have an excellent record of sound, professional wildlife management, and this is true in Massachusetts as well.

Refuge law enforcement staff will work independently, and in conjunction with State Environmental Police, to enforce State and Federal hunting regulations on the refuge.

The refuge will not provide check stations. Hunters will be required to tag and report harvested game according to State regulations.

Comment 24:

Several commenters wondered about the archery-only “buffer” at Assabet River National Wildlife Refuge in Massachusetts and why that buffer was not extended to the eastern portion (Marlboro Road) of the refuge. A commenter also asked why specific areas of Assabet River were designated archery only.

Response 24:

During the CCP process, based upon comments that the refuge received regarding Hudson Road and Stearns Lane, they made a revision to the hunting areas on the north section of the refuge. The area outside of the entire Patrol Road has been designated “Archery Only.” (The map currently published in the CCP and on the website does not reflect this change and will be updated).

Pertaining to the request for extension of the archery-only area east of Marlboro Road, the refuge weighs a number of factors before opening an area to hunting, including visitor safety considerations. The refuge manager may, upon annual review of the hunting program, impose further restrictions on hunting, recommend closure of the refuge to hunting, or further liberalize hunting within the limits of the State law. Restrictions will occur if hunting becomes inconsistent with other higher priority refuge programs or endangers refuge resources or public safety.

To mitigate some of the concerns about safety at Assabet River, the refuge manager wanted to keep all shotgun hunting within the confines of Patrol Road and Craven Lane, thus creating a clear landmark for hunters to orient themselves when participating in this priority use north of Hudson/Sudbury Road.

During the CCP process, some individuals expressed concerns about safety while using the refuge during hunting season and the assertion that the nonhunting public will not participate in other wildlife-dependent activities during the hunting seasons. Some people will be too uncomfortable to walk on the refuge during any hunt season. Others are or will become comfortable walking on the refuge during archery-only seasons. The refuge manager has a responsibility to facilitate

all forms of wildlife-dependent public use on the refuges, when possible, and there may be days when people engaged in hunting will have preferential access to parts of the refuges.

Comment 25:

A commenter asked that Assabet River Refuge specify how many hunting permits they will issue for each category of hunting and describe how they will advise hunters in the field of the boundaries of the hunting areas to avoid trespass on private property.

Response 25:

Additional information about the application process and permits will be available on the respective refuge websites for Assabet River, Oxbow, and Great Meadows National Wildlife Refuges. We will encourage hunters to scout potential hunting areas in advance of their hunt in order to become familiar with refuge lands, boundaries, and hunting areas. We will provide refuge hunting regulations and maps with each permit to assist hunters in this effort to safely and legally participate in a hunt and minimize conflicts with refuge neighbors and refuge users. Ultimately, it is the hunters' responsibility to know where they are located on the refuge in order to comply with State laws and refuge specific regulations.

Comment 26:

A commenter believes the Service has engaged in a pattern of compromising the biological and ecological integrity of our national wildlife refuges by providing hunters the opportunity to kill for fun and sport the deer, ducks, and a variety of other wildlife species that inhabit these refuges.

Response 26:

We strongly disagree with and object to the allegations that we have compromised the biological and ecological integrity of the Refuge System and that we have not provided sufficient opportunities for nonconsumptive users of the System. The commenter has failed to take note of the repeated enactment of laws governing refuges whereby Congress has authorized and encouraged hunting and fishing on refuge lands. Those enactments recognize that all types of uses, consumptive as well as nonconsumptive, have their place on Refuge System lands, and we have taken steps that ensure those needs are balanced within the delegation given to the Secretary by them.

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 and/or California/Nevada Operations Office completes, the Regional Director and/or California/Nevada Operations Manager 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.”

The annotated chart below reflects the following changes for the 2005-2006 season. The key below the chart explains the symbols used:

Changes for 2005-2006 Hunt/Fish Season

Unit

State

Migratory bird hunting

Upland game hunting

Big game hunting

Sport fishing

Assabet River NWR

MA

A

A

A

A

Great Meadows NWR

MA

B

B

E

Moosehorn NWR

ME

B

B

C

Oxbow NWR

MA

C

C

B

Silvio O. Conte NWR

NH

A

A

A

Wertheim NWR

NY

B

Previously published.

Cahaba River NWR

AL

A

A

A

Julia Butler Hansen NWR

WA

Previously published

B

Stone Lakes NWR

CA

A

Glacial Ridge NWR

MN

A

A

A

Squaw Creek NWR

MO

B

Previously published

Previously published.

Sacramento River NWR

CA

B

B

B

D

Previously published.

San Bernardino NWR

AZ

E

Previously published

Stewart B. McKinney NWR

CT

A

Pocasse NWR

SD

F

Rock Lake NWR

ND

F

A. Refuge added to part 32 and activity(ies) opened.

B. Refuge already listed in part 32; added hunt category.

C. Refuge already listed in part 32; species added to hunt category.

D. Refuge already listed in part 32; land added.

E. Refuge opened to that activity for many years but never listed in part 32; correcting administrative oversight.

F. Refuge removed from part 32 (explanation below).

We are adding 6 refuges to the list of open refuges in part 32 and increasing hunt categories at 7 refuges already listed in part 32.

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 (WMDs) to the list of refuges open for all four activities in 50 CFR part 32: Big Stone WMD and Minnesota Valley WMD (both in the State of Minnesota;) and Arrowwood WMD, Audubon WMD, Chase Lake WMD, Crosby WMD, J. Clark Salyer WMD, Kulm WMD, Lostwood WMD, Long Lake WMD, Tewaukon WMD, and Valley City WMD all in the State of North Dakota.

We are correcting the following administrative errors in 50 CFR part 32: we are removing Pocasse National Wildlife Refuge in the State of South Dakota because it was an easement refuge, and it is no longer a part of the Refuge System; we are removing Rock Lake National Wildlife Refuge in the State of North Dakota because it closed to hunting in 1996; we are adding Great Meadows in the State of Massachusetts as open to fishing as it has been open to that opportunity for years but this status has never been reflected in 50 CFR part 32; and we are adding migratory bird hunting to San Bernardino National Wildlife Refuge in the State of Arizona, because it has been open to that opportunity since 1986, but this status has not been reflected in 50 CFR part 32.

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 50 CFR 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, 27, and 32 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.

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 part 32. 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 Executive Order 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 Executive Order 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. However, a brief assessment follows to clarify the costs and benefits associated with the rule.

The purpose of this rule is to add six refuges to the list of areas open for hunting and/or sport fishing programs and increase the activities available at seven other refuges. The refuges are located in the States of Alabama, California, Connecticut, Maine, Massachusetts, Minnesota, Missouri, New Hampshire, New York, and Washington. Fishing and hunting are two of the wildlife-dependent uses of national wildlife refuges that Congress recognizes as legitimate and appropriate, and 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 545 existing national wildlife refuges already have programs where we allow fishing and hunting. Not all refuges have the necessary resources and landscape that would make 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 fishing programs and expands existing activities at the following refuges: Cahaba River National Wildlife Refuge in Alabama, Sacramento River and Stone Lakes National Wildlife Refuges in California, Stewart B. McKinney National Wildlife Refuge in Connecticut, Moosehorn National Wildlife Refuge in Maine, Assabet River, Great Meadows, and Oxbow National Wildlife Refuges in Massachusetts, Glacial Ridge National Wildlife Refuge in Minnesota, Squaw Creek National Wildlife Refuge in Missouri, Silvio O. Conte National Wildlife Refuge in New Hampshire, Wertheim National Wildlife Refuge in New York, and Julia Butler Hansen Refuge for the Columbian White-Tailed Deer in Washington.

We are correcting the following administrative errors in 50 CFR part 32: We are removing Pocasse National Wildlife Refuge in the State of South Dakota as it was an easement refuge and is no longer a part of the Refuge System, and we are removing Rock Lake National Wildlife Refuge in the State of North Dakota, because it closed to hunting back in 1996. Since both of these closures happened years ago, and we are just correcting 50 CFR part 32 to reflect this, there is no appreciable economic impact.

Lands acquired as “waterfowl production areas,” which we generally manage as part of wetland management districts (WMDs), 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 WMDs to the list of refuges open for all four activities in part 32 this year: Big Stone WMD and Minnesota Valley WMD, both in the State of Minnesota, and Arrowwood WMD, Audubon WMD, Chase Lake WMD, Crosby WMD, J. Clark Salyer WMD, Kulm WMD, Lostwood WMD, Long Lake WMD, Tewaukon WMD, and Valley City WMD, all in the State of North Dakota. 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 the addition of these wetland management districts to the list in 50 CFR part 32.

Costs Incurred

Costs incurred by this regulation would be minimal, if any. We expect any law enforcement or other refuge actions related to recreational activities to be included in any usual monitoring of the refuge. Therefore, we expect any costs to be negligible.

Benefits Accrued

A correction has been made from the proposed rule concerning Squaw Creek National Wildlife Refuge (MO). The refuge expects an increase of 30 days during the Spring Conservation Order Season for migratory game birds, not an increase of 300 days. This corrected number impacts additional hunting days, total additional fishing and hunting days, and total days per year

(Table 1); change in estimated customer surplus for hunters and change in total consumer surplus (Table 2); change of possible additional refuge expenditures for hunters (Table 3); and estimated maximum addition from new refuge and addition as a percentage of total for Squaw Creek (Table 4).

Benefits from this regulation would be derived from the new fishing and hunting days from opening the refuges to these activities. If the refuges establishing new fishing and hunting programs were a pure addition to the current supply of such activities, it would mean an estimated increase of 12,000 user days of fishing and 7,185 user days of hunting (Table 1). These new fishing and hunting days would generate: (1) Consumer surplus (the net benefit received by recreationists); and (2) expenditures associated with fishing and hunting on the refuges.

Table 1.—Estimated Change in Fishing and Hunting Opportunities in 2005/06

Refuge

Current hunting and/or fishing days (FY04)

Additional fishing days

Additional hunting days

Total additional fishing and hunting days

Assabet River

3,000

130

3,130

Great Meadows

49,050

125

125

Moosehorn

43,500

985

985

Oxbow

18,886

128

128

Silvio O. Conte

65

65

Wertheim

14,750

1,406

1,406

Cahaba River

8,000

2,200

10,200

Julia Butler Hansen

2,660

20

20

Stone Lakes

14

14

Glacial Ridge

87

87

Squaw Creek

353

30

30

Sacramento River

1,000

1,005

2,005

San Bernardino

45

0

Stewart B. McKinney

990

990

Total Days per Year

129,244

12,000

7,185

19,185

Assuming the new days are a pure addition to the current supply, the additional days would create consumer surplus (CS) of approximately $906,000 annually ([7,185 days × $47.32 CS per day] + [12,000 days × $47.07 CS per day]) (Table 2). However, the participation trend is flat in 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 fishing and/or hunting opportunities. Therefore, the additional consumer surplus is more likely to be smaller.

Table 2.—Estimated Change in Consumer Surplus From Additional Fishing and Hunting Opportunities in 2005/06

[2004 $]

Fishing

Hunting

Total fishing and hunting

Total additional days

12,000

7,185

19,185

Consumer surplus per day

1

$47.32

$47.07

Change in total Consumer Surplus

$567,840

$338,198

$906,038

1

Due to the unavailability of consistent consumer surplus estimates for these various site-specific activities, a national consumer surplus estimate is used for this analysis. The estimates are from: Pam Kaval and John Loomis. “Updated Outdoor Recreation Use Values with Emphasis on National Recreation.” October 2003.

In addition to benefits derived from consumer surplus, this rule would also have benefits from the recreation-related expenditures. Due to the unavailability of site-specific expenditure data, we use the national estimates from the 2001 National Survey of Fishing, Hunting, and Wildlife Associated Recreation to identify 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 yields approximately $818,000 in fishing-related expenditures and $692,000 in hunting-related expenditures (Table 3).

Table 3.—Estimation of the Additional Expenditures With an Increase of Activities in Seven Refuges and the Opening of Six Refuges to Fishing and/or Hunting for 2005/06

U.S. total

expenditures

in 2001

Average

expenditures

per day

Current refuge

expenditures

w/o duplication

Possible additional refuge

expenditures

Anglers

Total Days Spent

557 Mil

7.0 Mil

12,000

Total Expenditures

38.0 Bil

$68

$453.6 Mil

$818,231

Trip Related

15.6 Bil

28

$186.6 Mil

$336,549

Food and Lodging

6.3 Bil

11

$74.9 Mil

$135,046

Transportation

3.8 Bil

7

$44.8 Mil

$80,733

Other

5.6 Bil

10

$66.9 Mil

$120,769

Hunters

Total Days Spent

228 Mil

2.4 Mil

7,185

Total Expenditures

22.0 Bil

$96

$212.0 Mil

$691,676

Trip Related

5.6 Bil

25

$54.0 Mil

$176,263

Food and Lodging

2.6 Bil

11

$25.2 Mil

$82,216

Transportation

1.9 Bil

8

$18.0 Mil

$60,047

Other

1.1 Bil

5

$10.4 Mil

$33,999

By having ripple effects throughout the economy, these direct expenditures are only part of the economic impact of waterfowl hunting. 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 sportfishing activities (2.79) from the report “Sportfishing in America” for the estimated increase in direct expenditures yields a total economic impact of approximately $4.2 million (2004 dollars) (Southwick Associates, Inc., 2003). (Using a local impact multiplier would yield more accurate and smaller results. However, we employed the national impact multiplier due to the difficulty in developing local multipliers for each specific region.)

Since we know that most of the 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 $4.2 million, and most likely considerably less. Since 80 percent of the participants travel less than 100 miles to engage in hunting and 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 $834,000 annually.

In summary, we estimate that the additional fishing and hunting opportunities would yield approximately $906,000 in consumer surplus and $834,000 in recreation-related expenditures annually. The 10-year quantitative benefit for this rule would be $17.4 million ($15.3 million discounted at 3 percent or $13.1 million discounted at 7 percent).

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

d. This rule will not raise novel legal or policy issues. This rule opens six additional refuges for fishing and hunting programs and increases the activities available at seven other refuges. This rule continues the practice of allowing recreational public use of national wildlife refuges. Many refuges in the Refuge System currently have opportunities for the public to hunt and fish on refuge lands.

Regulatory Flexibility Act

Under the Regulatory Flexibility Act (as amended by the Small Business Regulatory Enforcement Fairness Act [SBREFA] of 1996) (5 U.S.C. 601,

et seq.

), whenever a Federal agency is required to publish a notice of rulemaking for any proposed or final rule, it must prepare and make available for public comment a regulatory flexibility analysis that describes the effect of the rule on small entities (

i.e.,

small businesses, small organizations, and small government jurisdictions). However, no regulatory flexibility analysis is required if the head of an agency certifies that the rule would not have a significant economic impact on a substantial number of small entities. Thus, for a regulatory flexibility analysis to be required, impacts must exceed a threshold for “significant impact” and a threshold for a “substantial number of small entities.” See 5 U.S.C. 605(b). SBREFA amended the Regulatory Flexibility Act to require Federal agencies to provide a statement of the factual basis for certifying that a rule would not have a significant economic impact on a substantial number of small entities.

This rule does not increase the number of recreation types allowed in the System but establishes hunting and/or fishing programs on six refuges and expands activities at seven other refuges. As a result, opportunities for wildlife-dependent recreation on national wildlife refuges will increase. The changes in the amount of allowed use are likely to increase visitor activity on these national wildlife refuges. But, as stated in the

Regulatory Planning and Review

section, 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.

Many small businesses within the retail trade industry (such as hotels, gas stations, taxidermy shops, bait and tackle shops, etc.) may benefit from some increased refuge visitation. A large percentage of these retail trade establishments in the majority of affected counties qualify as small businesses (Table 4).

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. Using the estimate derived in the

Regulatory Planning and Review

section, we expect approximately $834,000 to be spent in total in the refuges' local economies. The maximum increase ($4.2 million if all spending is new money) at most would be less than 1 percent for local retail trade spending (Table 4).

Table 4.—Comparative Expenditures for Retail Trade Associated With Additional Refuge Visitation for 2005/2006

Refuge/County(ies)

Retail trade in 1997 (2004 dollars in millions)

Estimated maximum addition from new refuge

Addition as a

percent of total

Total number

retail establish

Establish with

<10 emp

Assabet River

Middlesex, MA

17,021.1

$148,079

0.0009

5,701

3,697

Great Meadows

Middlesex, MA

17,021.1

5,884

0.0001

5,701

3,697

Moosehorn

Washington, ME

306,233.4

46,364

0.0151

281

206

Oxbow

Middlesex, MA

17,021.1

3,012

0.0001

5,701

3,697

Worcester, MA

7,334.4

3,012

0.0001

2,796

1,896

Silvio O. Conte

Coos, NH

498.8

3,060

0.0006

293

218

Wertheim

Suffolk, NY

15,900.2

66,180

0.0004

8,946

6,904

Cahaba River

Bibb, AL

90.8

482,114

0.5307

69

51

Julia Butler Hansen

Wahkiakum, WA

8.6

471

0.0054

25

21

Clatsop, OR

391.2

471

0.0001

407

291

Stone Lakes

Sacramento, CA

11,183.2

659

0.0001

5,555

3,573

Glacial Ridge

Polk, MN

249.2

4,095

0.0016

203

131

Squaw Creek

Holt, MO

46.4

1,412

0.0030

32

22

Sacramento River

Butte, CA

1,768.5

94,625

0.0054

1,095

736

San Bernardino

Cochise, AZ

838.1

0

0.0001

628

439

Stewart B. McKinney

New Haven, CT

9,092.1

23,300

0.0003

4,852

3,424

Fairfield, CT

13,610.1

23,300

0.0002

5,672

3,994

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 spending near the affected refuges. Therefore, 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.

). An initial/final Regulatory Flexibility Analysis is not required. Accordingly, a Small Entity Compliance Guide is not required.

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 fishing and hunting opportunities at the seven refuges would generate angler and hunter expenditures with an economic impact estimated at $4.2 million per year (2004 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 fishing opportunities for Americans. Under the assumption that any additional hunting and fishing opportunities would be of high quality, participants would be attracted to the refuge. If the refuge is 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 fewer than 100 miles to hunt and fish, the reduced travel cost would be small for the additional days of hunting and fishing generated by this rule. We do not expect this rule to affect the supply or demand for fishing and hunting opportunities in the United States and, therefore, it should not affect prices for fishing and hunting equipment and supplies, or the retailers that sell equipment. Additional

refuge hunting and 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 $4.2 million annually in impact. Therefore, this rule will have no measurable economic effect on the wildlife-dependent industry, which has annual sales of equipment and travel expenditures of $72 billion nationwide. Refuges that establish hunting and fishing programs may hire additional staff from the local community to assist with the programs, but this would not be a significant increase because we are only opening six refuges to hunting and/or fishing and only seven refuges are increasing programs 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 (Executive Order 12630)

In accordance with Executive Order 12630, the rule does not have significant takings implications. This regulation will affect only visitors at national wildlife refuges and describe what they can do while they are on a refuge.

Federalism (Executive Order 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 Executive Order 13132. In preparing this rule, we worked with State governments.

Civil Justice Reform (Executive Order 12988)

In accordance with Executive Order 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 (Executive Order 13211)

On May 18, 2001, the President issued Executive Order 13211 on regulations that significantly affect energy supply, distribution, and use. Executive Order 13211 requires agencies to prepare Statements of Energy Effects when undertaking certain actions. Because this rule opens six 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 Executive Order 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 (Executive Order 13175)

In accordance with Executive Order 13175, we have evaluated possible effects on federally recognized Indian tribes and have determined that there are no effects. We coordinate recreational use on national wildlife 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 Office of Management and Budget 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. We are seeking further OMB approval for other necessary information collection.

Endangered Species Act Section 7 Consultation

In preparation for new openings, we include Section 7 consultation documents approved by the Service's Endangered Species program in the refuge's “openings package” for Regional review and approval from the Headquarters Office. We reviewed the changes in hunting and 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 national wildlife refuges opening for hunting and/or fishing, we have determined that Moosehorn National Wildlife Refuge (bald eagle), Wertheim National Wildlife Refuge, Cahaba River National Wildlife Refuge, Julia Butler Hansen National Wildlife Refuge (Columbia white-tailed deer and bald eagle), Glacial Ridge National Wildlife Refuge, Squaw Creek National Wildlife Refuge (bald eagle), and Sacramento River National Wildlife Refuge will not likely adversely affect any endangered or threatened species or designated critical habitat; and Assabet River National Wildlife Refuge, Great Meadows National Wildlife Refuge, Moosehorn National Wildlife Refuge (Atlantic salmon), Oxbow National Wildlife Refuge, Silvio O. Conte National Wildlife Refuge, Julia Butler Hansen National Wildlife Refuge (marbled murrelet, northern spotted owl, bull trout, howellia, Nelson's checkermallow, streaked horned lark), Stewart B. McKinney National Wildlife Refuge, Squaw Creek National Wildlife Refuge (piping plover and least tern), and Stone Lakes National Wildlife Refuge will not affect any endangered or threatened species or designated critical habitat; and Squaw Creek National Wildlife Refuge (Eastern Massasauga rattlesnake) is not likely to jeopardize candidate or proposed species critical habitat.

We also comply with Section 7 of the ESA when developing Comprehensive Conservation Plans (CCPs) 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 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 (NEPA) (42 U.S.C. 4332(C)) 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 fishing regulations since it is technical and procedural in nature, and

the environmental effects are too broad, speculative, or conjectural to lend themselves to meaningful analysis (516 DM 2, Appendix 1.10).

Prior to the addition of a refuge to the list of areas open to hunting and fishing in 50 CFR part 32, we develop hunting and fishing plans for the affected refuges. We incorporate these proposed refuge hunting and fishing activities in the refuge CCPs and/or other step-down management plans, pursuant to our refuge planning guidance in 602 FW 1, 3, and 4. We prepare these 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 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, Suite 1692, 911 NE. 11th Avenue, Portland, Oregon 97232-4181; Telephone (503) 231-6214.

California/Nevada Operations Office

—Assistant Manager, National Wildlife Refuge System, U.S. Fish and Wildlife Service, 2800 Cottage Way, Room W-2606, Sacramento, California 95825; Telephone (916) 414-6464

Stone Lakes National Wildlife Refuge; 1624 Hood-Franklin Road, Elk Grove, California 95757-9774; Telephone (916) 775-4421.

Region 2—

Arizona, New Mexico, Oklahoma, and Texas. Regional Chief, National Wildlife Refuge System, U.S. Fish and Wildlife Service, Box 1306, 500 Gold Avenue, Albuquerque, New Mexico 87103; Telephone (505) 248-7419.

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, Twin Cities, Minnesota 55111; Telephone (612) 713-5401.

Glacial Ridge National Wildlife Refuge, c/o Rydell National Wildlife Refuge, 17788 349th Street, SE., Erskine, Minnesota 56535; Telephone (218) 687-2229.

Region 4

—Alabama, Arkansas, Florida, Georgia, Kentucky, Louisiana, Mississippi, North Carolina, Tennessee, South Carolina, 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) 679-7166.

Cahaba River National Wildlife Refuge; 291 Jimmy Parks Blvd., Anniston, Alabama 36205; Telephone (256) 848-7085.

Region 5

—Connecticut, Delaware, District of Columbia, 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) 253-8306.

Assabet River National Wildlife Refuge, c/o Eastern Massachusetts National Wildlife Refuge Complex, 73 Weir Hill Road, Sudbury, Massachusetts 01776; Telephone (978) 443-4661.

Silvio O. Conte National Wildlife Refuge, 52 Avenue A, Turners Falls, Massachusetts 01376; Telephone (413) 863-0209.

Stewart B. McKinney National Wildlife Refuge, P.O. Box 1030, 733 Old Clinton Road, Westbrook, Connecticut 06498; Telephone (860) 399-2513.

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) 786-3545.

Primary Author

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

List of Subjects

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 32—HUNTING AND FISHING

1. 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]

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

a. Adding the listing of Cahaba River National Wildlife Refuge in the State of Alabama;

b. Adding the listings of Sacramento River and Stone Lakes National Wildlife Refuges in the State of California;

c. Adding the listing of Stewart B. McKinney National Wildlife Refuge in the State of Connecticut;

d. Adding the listing of Assabet River National Wildlife Refuge in the State of Massachusetts;

e. Adding the listings of Big Stone Wetland Management District, Glacial Ridge National Wildlife Refuge, and Minnesota Valley Wetland Management in the State of Minnesota;

f. Adding the listing of Silvio O. Conte National Wildlife Refuge in the State of New Hampshire; and

g. Adding the listings of Arrowwood Wetland Management District, Audubon Wetland Management District, Chase Lake Wetland Management District, Crosby Wetland Management District, J. Clark Salyer Wetland Management District, Kulm Wetland Management District, Lostwood Wetland Management District, Long Lake Wetland Management District, Tewaukon Wetland Management District, and Valley City Wetland Management District in the State of North Dakota.

3. Amend § 32.20 Alabama by:

a. Adding Cahaba River National Wildlife Refuge; and

b. Revising the introductory text of paragraph C. and adding paragraph C.9. of Wheeler National Wildlife Refuge to read as follows:

§ 32.20

Alabama.

Cahaba River National Wildlife Refuge

A. Migratory Game Bird Hunting.

[Reserved]

B. Upland Game Hunting.

We allow hunting of quail, squirrel, rabbit, opossum, raccoon, coyote, and bobcat on designated areas of the refuge in accordance with State regulations subject to the following conditions:

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

2. We prohibit hunting within 100 yards (90 m) of River Road.

3. We prohibit ATVs, mules, and horses on the refuge.

4. 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).

5. We allow shotguns with #4 shot or smaller, rifles firing .22 caliber rimfire ammunition, or archery equipment.

C. Big Game Hunting.

We allow the hunting of white-tailed deer, feral hog, and wild turkey on designated areas of the refuge in accordance with State regulations subject to the following conditions:

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

2. We only allow the use of archery equipment during white-tailed deer season.

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

4. We prohibit damaging trees or hunting from a tree that contains an inserted metal object (see § 27.51 of this chapter). Hunters must remove stands from trees after each day's hunt (see §§ 27.93 and 27.94 of this chapter).

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

6. We prohibit the use of dogs for hunting or pursuit of big game.

7. Conditions B2 and B3 apply.

D. Sport Fishing.

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

1. We prohibit the taking of frog or turtle (see § 27.21 of this chapter).

2. Condition B3 applies.

Wheeler National Wildlife Refuge

C. Big Game Hunting.

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

9. You may only hunt feral hog during the refuge archery and flintlock deer season.

4. Amend § 32.22 Arizona by:

a. Revising paragraph B.1. of Bill Williams National Wildlife Refuge;

b. Revising Havasu National Wildlife Refuge;

c. Revising the introductory text of paragraphs A. and B., revising paragraphs B.2. through B.5., and revising paragraphs C. and D. of Imperial National Wildlife Refuge;

d. Revising paragraph A., revising the introductory text of paragraph B., and revising paragraph B.1. of San Bernardino National Wildlife Refuge to read as follows:

§ 32.22

Arizona.

Bill Williams National Wildlife Refuge

B. Upland Game Hunting.

* * *

1. Conditions A1 through A7 apply.

Havasu National Wildlife Refuge

A. Hunting of Migratory Game Birds.

We allow hunting of mourning and whitewinged dove, duck, coot, moorhen, goose, and common snipe on designated areas of the refuge in accordance with State regulations subject to the following conditions:

1. We prohibit falconry.

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

3. You may not hunt within 50 yards (45m) of any building or public road.

4. We prohibit target shooting or the discharge of any weapon except to hunt.

5. We prohibit possession of firearms except while hunting.

6. We prohibit the construction or use of pits and permanent blinds (see § 27.92 of this chapter).

7. You must remove temporary blinds, boats, hunting equipment, and decoys from the refuge following each day's hunt (see §§ 27.93 and 27.94 of this chapter).

8. We prohibit retrieving game from closed areas. You may retrieve game from areas closed to hunting, but otherwise open to entry, as long as you possess no firearms or other means of take.

9. Anyone hired to assist or guide hunter(s) must obtain, possess, and carry a valid Special Use Permit issued by the refuge manager.

10. We prohibit hunting on those refuge lands within the Lake Havasu City limits.

11. The following conditions apply only to Pintail Slough (all refuge lands north of North Dike):

i. We require a fee for waterfowl hunting. You must possess proof of payment (refuge permit) while hunting.

ii. Waterfowl hunters must hunt within 25 feet (7.5 m) of the numbered post of their assigned blind.

iii. We limit the number of persons at each waterfowl hunt blind to three. Observers cannot hold shells or guns unless in possession of a valid State hunting license and stamps.

iv. We limit the number of shells a waterfowl hunter may possess to 25.

v. Waterfowl hunters must possess at least 12 decoys per blind.

vi. You may use only dead vegetation or materials brought from off refuge for making or fixing hunt blinds. We prohibit the cutting, pulling, marking or removing vegetation (see § 27.51 of this chapter).

vii. Waterfowl hunters must be at their blind at least 45 minutes before legal shoot time and not leave their blind until 10:00 am MST.

viii. Waterfowl hunting ends at 12:00 p.m. (noon) MST. Hunters must be out of the slough area by 1:00 p.m. MST.

ix. We allow hunting in the juniors-only waterfowl season.

x. We allow dove hunting only during the September season.

12. The following conditions apply to all waters of the lower Colorado River within the Havasu NWR:

i. We close designated portions of Topock Marsh to all entry from October 1 through the last day of the waterfowl hunt season (including the State junior waterfowl hunt). These areas are indicated in refuge brochures and identified by buoys and/or signs.

ii. We prohibit hunting in the waters of the Colorado River and on those refuge lands within 1/4 mile (.4 km) of the waters of the Colorado River from and including Castle Rock Bay north to Interstate 40.

iii. We allow hunting on refuge lands and waters south of Castle Rock Bay to the north boundary of the Lake Havasu City limits.

B. Upland Game Hunting.

We allow hunting of quail and cottontail rabbit on designated areas of the refuge in accordance with State regulations subject to the following conditions:

1. Conditions A1 through A10, A11vi., and A12 apply.

2. We prohibit the possession or use of rifles.

3. We allow hunting of quail in Pintail Slough prior to and following the State waterfowl season (The State waterfowl season includes the State general waterfowl season, the days between the juniors-only waterfowl hunt and the general State waterfowl season, and the juniors-only waterfowl hunt.).

4. We allow hunting of cottontail rabbit in Pintail Slough prior to and following the State waterfowl season (The State waterfowl season includes the State general waterfowl season, the days between the juniors-only waterfowl hunt and the general State waterfowl season, and the juniors-only waterfowl hunt.).

C. Big Game Hunting.

We allow hunting of bighorn sheep on those refuge lands in Arizona Wildlife Management Area 16B in accordance with State regulations subject to the following conditions:

1. Conditions A3 through A9 and A12ii apply.

D. Sport Fishing.

We allow fishing on designated areas of the refuge in accordance with State regulations (Colorado River specific regulations apply) subject to the following conditions:

1. We prohibit the use of all air-thrust boats or air-cooled propulsion engines, including floating aircraft.

2. We prohibit overnight boat mooring and shore anchoring unless actively fishing as defined by State regulations (see § 27.93 of this chapter).

3. Anyone hired to assist or guide anglers must obtain, possess, and carry a valid Special Use Permit issued by the refuge manager.

4. The following apply only on Topock Marsh:

i. We close designated portions to all entry from October 1 through the last day of the waterfowl hunt season (including the State junior waterfowl hunt).

ii. We close designated portions to all entry from April 1 through August 31. These areas are indicated in refuge brochures and identified by buoys and or signs.

iii. We prohibit personal watercraft (PWC, as defined by State law).

5. The following apply to all waters of the Colorado River within Havasu NWR from the south regulatory buoy line to the north regulatory buoy line at Interstate 40 (approximately 17 miles [27.2 km]).

i. We prohibit personal watercraft (PWC, as defined by State law) as indicated by signs or regulatory buoys in all backwaters.

ii. We limit watercraft speed as indicated by signs or regulatory buoys to no wake (as defined by State law) in all backwaters.

iii. We prohibit water-skiing, tubing, wake boarding, or other recreational-towed devices.

6. The following apply to the Mesquite Bay areas of Lake Havasu.

i. We prohibit entry of all watercraft (as defined by State law) in all three bays as indicated by signs or regulatory buoys.

ii. The Mesquite Bays are Day Use Only areas and open from 1 hour before legal sunrise to 1 hour after legal sunset.

Imperial National Wildlife Refuge

A. Hunting of Migratory Game Birds.

We allow hunting of mourning and white-winged dove, duck, coot, moorhen, goose, and common snipe on designated areas of the refuge subject to the following conditions:

B. Upland Game Hunting.

We allow hunting of quail, cottontail rabbit, coyote, and fox on designated areas of the refuge subject to the following conditions:

2. You may possess only approved nontoxic shot while hunting quail and cottontail rabbit (see § 32.2(k).

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

4. We require Special Use Permits for hunting coyote and fox.

5. We allow coyote and fox hunting only during the State quail season.

C. Big Game Hunting.

We allow hunting of mule deer and desert bighorn sheep on designated areas of the refuge.

D. Sport Fishing.

We allow fishing and frogging for bullfrog on designated areas of the refuge subject to the following condition: We close posted portions of Martinez Lake and Ferguson Lake to entry from October 1 through the last day of February.

San Bernardino National Wildlife Refuge

A. Migratory Game Bird Hunting.

We allow hunting of mourning and white-winged dove on designated areas of the refuge in accordance with State regulations subject to the following conditions:

1. We allow only shotguns.

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

B. Upland Game Hunting.

We allow hunting of quail and cottontail rabbit on designated areas of the refuge in accordance with State regulations subject to the following conditions:

1. Conditions A1 and A2 apply.

5. Amend § 32.23 Arkansas by:

a. Revising paragraphs A.10., A.13., and adding paragraph A.21., revising paragraph B.1., revising paragraph C.1., adding paragraph C.15., and revising paragraph D.4. of Felsenthal National Wildlife Refuge;

b. Adding paragraphs B.11. and B.12., revising paragraph C.1., C.4., and D.1. of Holla Bend National Wildlife Refuge;

c. Revising paragraphs A.10., A.13., and adding paragraph A.20., revising paragraphs B.1., C.1., and adding paragraph C.11. of Overflow National Wildlife Refuge; and

d. Revising paragraphs A.8. and A.11., adding paragraph A.19., revising paragraphs B.3. and C.2., adding paragraph C.16., and revising paragraph D.3. of Pond Creek National Wildlife Refuge to read as follows:

§ 32.23

Arkansas.

Felsenthal National Wildlife Refuge

A. Migratory Game Bird Hunting.

* * *

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

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. We limit ATVs to those having an engine displacement size not exceeding 700cc. We limit ATV tires to those having a centerline lug depth not exceeding 1 inch (2.5 cm). You may use horses on roads and ATV trails (when open to motor vehicle and ATV traffic respectively) as a mode of transportation for on-refuge, wildlife-dependent activities.

21. We prohibit the use or possession of any electronic call or other electronic device used for producing or projecting vocal sounds of any wildlife species.

B. Upland Game Hunting.

* * *

1. Conditions A4 through A18, A20, and A21 apply.

C. Big Game Hunting.

* * *

1. Conditions A6, A8 through A11, A13 through A18, A20, and A21 apply.

15. We prohibit the use of deer decoy(s).

D. Sport Fishing.

* * *

4. We prohibit consumption or possession of opened container(s) of alcoholic beverage(s) in parking lots, on roadways, and in plain view in campgrounds (see § 32.2(j)).

Holla Bend National Wildlife Refuge

B. Upland Game Hunting.

* * *

11. Hunters must enter and exit the refuge from designated roads and parking areas.

12. We prohibit hunting within 150 feet (45 m) of roads and trails open to public use.

C. Big Game Hunting.

* * *

1. Conditions B1 and B4 through B12 apply.

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 January.

D. Sport Fishing.

* * *

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

Overflow National Wildlife Refuge

A. Migratory Game Bird Hunting.

* * *

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

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 those trails and the dates they are open for use in the refuge hunt brochure. We limit ATVs to those having an engine displacement size not exceeding 700cc. We limit ATV tires to those having a centerline lug depth not exceeding 1 inch (2.5 cm). You may use horses on roads and ATV trails (when open to motor vehicle and ATV traffic respectively) as a mode of transportation for on-refuge, 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.

20. We prohibit the use or possession of any electronic call or other electronic device used for producing or projecting vocal sounds of any wildlife species.

B. Upland Game Hunting.

* * *

1. Conditions A4 through A17, A19, and A20 apply.

C. Big Game Hunting.

* * *

1. Conditions A5 through A11, A13 through A17, A19, and A20 apply.

11. We prohibit the use of deer decoy(s).

Pond Creek National Wildlife Refuge

A. Migratory Game Bird Hunting.

* * *

8. We prohibit possession or use of alcoholic beverage(s) while hunting (see § 32.2(j)). We prohibit consumption or possession of opened container(s) of alcoholic beverage(s) in parking lots, on roadways, and in plain view in campgrounds.

11. 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 those trails and the dates they are open for use in the refuge hunt brochure. We limit ATVs to those having an engine displacement size not exceeding 700cc. We limit ATV tires to those having a centerline lug depth not exceeding 1 inch (2.5 cm). You may use horses on roads and ATV trails (when open to motor vehicle and ATV traffic respectively) as a mode of transportation for on-refuge, wildlife-dependent activities.

19. We prohibit the use or possession of any electronic call or other electronic device used for producing or projecting vocal sounds of any wildlife species.

B. Upland Game Hunting.

* * *

3. Conditions A4 through A16, A18, and A19 apply.

C. Big Game Hunting.

* * *

2. Conditions A4, A5 (for archery deer and muzzleloader deer hunts and spring turkey hunts), A6 through A9, A11 through A16, A18, and A19 apply.

16. We prohibit the use of deer decoy(s)

D. Sport Fishing.

* * *

3. We prohibit consumption or possession of opened container(s) of alcoholic beverage(s) in parking lots, on roadways, and in plain view in campgrounds (see § 32.2(j)).

6. Amend § 32.24 California by:

a. Revising paragraphs A.2. through A.9. and adding paragraph A.10. of Don Edwards San Francisco Bay National Wildlife Refuge;

b. Revising Sacramento River National Wildlife Refuge; and

c. Alphabetically adding Stone Lakes National Wildlife Refuge to read as follows:

§ 32.24

California.

Don Edwards San Francisco Bay National Wildlife Refuge

A. Migratory Game Bird Hunting.

* * *

2. We allow hunting in the 17 salt evaporation ponds listed below. These ponds are surrounded by levees and were formerly part of the San Francisco Bay. We have not opened any other ponds.

i. Ponds R1 and R2 in the Ravenswood Unit. These ponds are located on the west side of the Dumbarton Bridge between Ravenswood Slough and Highway 84. You may access these ponds only by foot or bicycle from either of two trailheads off Highway 84. We prohibit hunting within 300 feet (90 m) of Highway 84. These ponds will be open 7 days a week.

ii. Ponds M1, M2, M3, M4, M5, M6, and A19 in the Mowry Slough Unit. These ponds are located on the east side of the Bay between Mowry Slough and Coyote Creek. You may only access these ponds by boat. You may land your boat at specific points on the Bay side of the levee as designated by refuge signs. You may pull your boat across the levee from the Bay. We prohibit hunting within 300 feet (90 m) of the Union Pacific Railroad track. These ponds will be open 7 days a week.

iii. Ponds AB1, A2E, AB2, A3N, and A3W in the Alviso Unit. These ponds are located on the west side of the Bay between Stevens Creek and Guadalupe Slough. You must obtain a refuge Special Use Permit to hunt these ponds. Access to Ponds AB1 and A2E will be from the Crittenden Lane Trailhead in Mountain View. Access to Ponds A3W will be from the Carl Road Trailhead in Sunnyvale. Access to Ponds A3N and AB2 is by boat from the other ponds. We allow hunting only from existing hunting blinds. We allow hunting only on Wednesdays, Saturdays, and Sundays on these ponds.

iv. Ponds A5, A7, and A8N in the Alviso Unit. These ponds are located on the south end of the Bay between Guadalupe Slough and Alviso Slough. You must obtain a refuge Special Use Permit to hunt these ponds. Access is via walking and bicycling from the Gold Street gate in Alviso. We allow hunting from existing hunting blinds and by walking pond levees. We allow hunting only on Wednesdays, Saturdays, and Sundays on these ponds.

3. During the 2 weekends before the opening of the hunt season, you may

bring a boat into Ponds AB1, A2E, AB2, A3N, A3W, A5, A7, and A8N and moor it at a designated site only if authorized by a valid refuge Special Use Permit. These boats will be used to access the hunting blinds and will stay in the pond during the hunt season. You must remove your boat within 2 weeks following the close of the hunt season. We allow nonmotorized boats and motorized boats powered by electric or 4-stroke gasoline motors only.

4. You may maintain an existing blind in the ponds open to hunting if you have a valid refuge Special Use Permit, but the blind will be open for general use on a first-come, first-served basis. We prohibit pit blinds or digging into the levees (see § 27.92 of this chapter).

5. You must remove all decoys and other personal property (except personal boats authorized by a refuge Special Use Permit) from the refuge by legal sunset. You must remove all trash, including shotshell hulls, when leaving hunting areas (see §§ 27.93 and 27.94 of this chapter).

6. Hunters may enter closed areas of the refuge to retrieve downed birds, provided they leave all weapons in a legal hunting area. We encourage the use of retriever dogs. You must keep your dog(s) under immediate control of the handler at all times (see § 26.21(b) of this chapter). Dogs must remain inside a vehicle or be on a leash until they are on the ponds or on the levees (Ponds R1, 2, A5, 7, and 8N only) as a part of the hunt.

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

8. You must keep firearms unloaded (see § 27.42(b) of this chapter) until you are within the designated hunt area.

9. We prohibit target practice on the refuge or any nonhunting discharge of firearms (see § 27.42 of this chapter).

10. At the Ravenswood Unit only, we only allow portable blinds or construction of temporary blinds of natural materials that readily decompose. We prohibit collection of these natural materials from the refuge (see § 27.51 of this chapter). You must remove portable blinds (see §§ 27.93 and 27.94 of this chapter) by legal sunset. Temporary blinds become available for general use on a first-come, first-served basis on subsequent days. We prohibit permanent blinds, pit blinds, or digging into the levees (see § 27.92 of this chapter). We prohibit entry into closed areas of the refuge prior to the hunt season in order to scout for hunting sites or to build blinds.

Sacramento River National Wildlife Refuge

A. Migratory Game Bird Hunting.

We allow hunting of goose, duck, coot, moorhen, dove, and snipe on designated areas of the refuge in accordance with State regulations subject to the following conditions:

1. We only allow shotgun hunting.

2. You must unload firearms (see § 27.42(b) of this chapter) before transporting them between parking areas and hunting areas. “Unloaded” means that no ammunition is in the chamber or magazine of the firearm.

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

4. We prohibit hunting within 50 feet (15 m) of any landward boundary adjacent to private property.

5. We prohibit hunting within 150 yards (45 m) of any occupied dwelling, house, residence, or other building or any barn or other outbuilding used in connection therewith.

6. Access to the hunt area is by foot traffic or boat only. We prohibit bicycles or other conveyances. Mobility-impaired hunters should consult with the refuge manager for allowed conveyances.

7. We prohibit fires on the refuge, except we allow portable gas stoves on gravel bars (see § 27.95(a) of this chapter).

8. We allow camping on gravel bars up to 7 days during any 30-day period. We prohibit camping on all other refuge lands.

9. We open the refuge for day-use access from 1 hour before legal sunrise until 1 hour after legal sunset. We allow access during other hours on gravel bars only (see condition A8).

10. We require dogs to be kept on a leash, except for hunting dogs engaged in authorized hunting activities, and under the immediate control of a licensed hunter (see § 26.21(b) of this chapter).

11. We prohibit permanent blinds. You must remove all personal property, including decoys and boats, by one hour after legal sunset (see §§ 27.93 and 27.94 of this chapter).

12. We prohibit cutting or removal of vegetation for blind construction or for making trails (see § 27.51 of this chapter).

B. Upland Game Hunting.

We allow hunting of pheasant, turkey, and quail on designated areas of the refuge in accordance with State regulations subject to the following conditions:

1. We only allow shotgun and archery hunting.

2. Conditions A3 through A10 and A12 apply.

C. Big Game Hunting.

We allow hunting of black-tailed deer on designated areas of the refuge in accordance with State regulations subject to the following conditions:

1. Conditions A4, A5, A7, A8, A9, A12, and B1 apply.

2. We prohibit construction or use of permanent blinds, platforms ladders or screw-in foot pegs.

3. You must remove all personal property, including stands, from the refuge by one hour after legal sunset (see §§ 27.93 and 27.94 of this chapter).

D. Sport Fishing.

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

1. Conditions A7, A8, A9, and A12 apply.

2. On Packer Lake, due to primitive access, we only allow boats up to 14 feet (4.2 m) and canoes.

Stone Lakes National Wildlife Refuge

A. Migratory Game Bird Hunting.

We allow hunting of goose, duck, coot, and moorhen on designated areas of the refuge in accordance with State regulations subject to the following conditions:

1. We allow hunting on Sun River Unit only on Wednesdays and Saturdays from

1/2

hour before legal sunrise until 12 p.m. (noon).

2. We will select hunters through a random drawing process conducted at the refuge. Hunters should bring a copy of their refuge notification on the day of their hunt. Hunters should contact the refuge manager for additional information.

3. We require adults, age 18 or older, to accompany hunters under age 16.

4. We prohibit bicycles or other conveyances. Mobility-impaired hunters should contact the refuge manager regarding allowed conveyances.

5. You must unload firearms (see § 27.42(b) of this chapter) before transporting them between parking areas and spaced-blind areas. “Unloaded” means that no ammunition is in the chamber or magazine of the firearm.

6. We restrict hunters to their assigned spaced-blind except when they are placing or retrieving decoys, traveling to and from the parking area, retrieving downed birds, or when shooting to retrieve cripples.

7. You may only possess approved nontoxic shot while in the field (see § 32.2(k)) in quantities of 25 or less.

8. We prohibit fires on the refuge (see § 27.95(a) of this chapter).

9. We allow vehicles to stop only at designated parking areas. We prohibit

dropping of passengers or equipment or stopping between designated parking areas.

10. We allow only nonmotorized boats to access water blinds.

11. You must remove all decoys, personal equipment, shotshell hulls, and refuse from the refuge by 12:30 p.m. (see §§ 27.93 and 27.94 of this chapter).

12. Junior hunters must possess a valid Junior Hunting License.

13. We allow the use of hunting dogs for retrieving birds, provided the dogs remain under the immediate control of the hunter at all times (see § 26.21(b) of this chapter).

B. Upland Game Hunting.

[Reserved]

C. Big Game Hunting.

[Reserved]

D. Sport Fishing.

[Reserved]

7. Amend § 32.25 Colorado by revising paragraph D. of Rocky Mountain Arsenal to read as follows:

§ 32.25

Colorado.

Rocky Mountain Arsenal

D. Sport Fishing.

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

1. We require a valid State fishing license and valid refuge fishing permit for all anglers age 16 and older. You must obtain and display a daily refuge fishing badge while fishing.

2. We only allow the use of rod and reel with one hook or lure per line.

3. We only allow catch and release fishing.

4. We only allow barbless hooks.

5. We only allow artificial flies or lures.

6. We prohibit the use of live bait.

8. Amend § 32.26 Connecticut by adding an introductory paragraph and adding Stewart B. McKinney National Wildlife Refuge to read as follows:

§ 32.26

Connecticut.

The following refuge units have been opened for hunting and/or fishing and are listed in alphabetical order with applicable refuge-specific regulations.

Stewart B. McKinney National Wildlife Refuge

A. Migratory Game Bird Hunting.

We allow hunting of duck, coot, and goose on designated areas of the Great Meadows Unit in Stratford, Connecticut in accordance with State regulations subject to the following conditions:

1. We require hunters to obtain an annual Special Use Permit in advance for permission to hunt in the designated hunting area. Consult the refuge manager for details on how and when to apply for a Special Use Permit.

2. Any person entering, using, or occupying the refuge for hunting must abide by all the terms and conditions of the Special Use Permit.

3. You must have all applicable hunting licenses, permits, stamps, and a photographic identification in your possession while hunting on the refuge.

4. We will limit hunt days to Tuesdays, Wednesdays, and Saturdays during the waterfowl hunting season as established by the State.

5. We only allow shotguns.

6. You must keep firearms unloaded until you are within the designated hunting area (see § 27.42(b) of this chapter).

7. Access to the hunt area is by foot or boat in designated areas only. Mobility-impaired hunters should consult with the refuge manager for allowed conveyances.

8. You may possess no more than 25 approved nontoxic shot per day while in the field (see § 32.2(k)).

9. This is a waterfowl hunt only. We allow no more than two dogs per waterfowl hunting party. We prohibit dog training on the refuge.

10. During State-established youth days, licensed junior hunters may hunt in the designated hunting area when accompanied by a licensed adult hunter age 18 or older. Adults must possess a valid hunting license; however, we prohibit them carrying a firearm.

11. We prohibit the use of air-thrust and inboard water-thrust boats such as, but not limited to, hovercrafts, airboats, jet skis, watercycles, and waterbikes on all waters within the refuge boundaries.

12. We prohibit hunters launching any boats on the refuge that they cannot portage by hand. A dock and a boat ramp are not available on the refuge.

13. We prohibit pit or permanent blinds.

14. You must remove all temporary blinds, boats, decoys, and all other personal property from the refuge each day (see §§ 27.93 and 27.94 of this chapter).

B. Upland Game Hunting.

[Reserved]

C. Big Game Hunting.

[Reserved]

D. Sport Fishing.

[Reserved]

9. Amend § 32.28 Florida by:

a. Revising paragraph D. of Cedar Keys National Wildlife Refuge;

b. Revising paragraph D. of J. N. “Ding” Darling National Wildlife Refuge;

c. Revising paragraphs C. and D. of Lake Woodruff National Wildlife Refuge;

d. Revising Lower Suwannee National Wildlife Refuge;

e. Revising paragraphs A.2. through A.5., the introductory text of paragraph D., D.1., D.3., D.4., D.6., D.11., and adding paragraph D.12. of Merritt Island National Wildlife Refuge;

f. Revising paragraph C.1., C.5., C.9. through C.12, and adding paragraph C.13. of St. Marks National Wildlife Refuge; and

g. Revising paragraph C.2. of St. Vincent National Wildlife Refuge to read as follows:

§ 32.28

Florida.

Cedar Keys National Wildlife Refuge

D. Sport Fishing.

We allow salt water sport fishing year-round in accordance with State regulations subject to the following condition: We will close a 300 foot (90 m) buffer zone beginning at mean high tide line and extending into the waters around Seahorse Key to all public entry from March 1 through June 30.

J. N. “Ding” Darling National Wildlife Refuge

D. Sport Fishing.

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

1. We prohibit fishing and crabbing in all waters of the Bailey Tract except for Smith Pond and Airplane Canal.

2. We allow fishing and crabbing in all other refuge waters except in areas designated as “closed to public entry”.

3. We prohibit the taking of horseshoe crabs, stone crabs, or spider crabs.

4. We prohibit the taking of blue crabs for commercial purposes.

5. We allow the recreational take of blue crabs within 150 feet (45 m) of the Wildlife Drive only with the use of dip nets.

6. Beyond 150 feet (45 m) of the Wildlife Drive we allow recreational take of blue crabs with baited lines and traps only if such devices are continuously attended/monitored and removed at the end of each day. “Attended/monitored” means that all devices used in the capture of blue crabs must be within the immediate view of the sport crabber.

7. The daily limit of blue crabs is 20 per person, of which no more than 10 shall be females.

8. We prohibit the use of cast nets within 150 feet (45 m) of a water-control structure on the Wildlife Drive.

9. We prohibit the use of personal watercraft, air-thrust boats, and hovercraft.

10. We prohibit kite-surfing or kite-boarding, wind-surfing or sail-boarding, or any similar type of activities.

11. We prohibit vessels exceeding the slow speed/minimum wake in refuge waters.

12. We only allow vessels propelled by polling, paddling, or floating in the posted “no-motor zone” of the Ding Darling Wilderness Area. All motors, including electric motors, must be in a nonuse position (out of the water) when in the “no-motor zone”.

13. We prohibit camping on all refuge lands and overnight mooring of vessels on all refuge waters.

14. You may only launch vessels at designated sites on the refuge.

Lake Woodruff National Wildlife Refuge

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 condition: We require refuge permits.

D. Sport Fishing.

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

1. We only allow fishing from legal sunrise to legal sunset.

2. We prohibit the use of airboats on the refuge.

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

4. We prohibit the use of snatch hooks in the refuge impoundments.

5. When boating, you must slow down and observe all manatee speed zones and caution areas.

Lower Suwannee National Wildlife Refuge

A. Migratory Game Bird Hunting.

We allow hunting of duck and coot on designated areas of the refuge in accordance with State regulations subject to the following conditions:

1. We require hunters to possess and carry signed refuge hunt permits for all hunts.

2. We designated open and closed refuge hunting areas on the map in the refuge hunt permit that the hunter must possess and carry.

3. You must park vehicles in a manner that does not block roads or gates (see § 27.31(h) of this chapter).

4. We prohibit the use of ATVs (see § 27.31(f) of this chapter).

5. We prohibit horses.

6. We prohibit possession of a loaded firearm or bow and arrow (see § 27.42(b) of this chapter) while on a refuge road right-of-way designated for motorized vehicle travel or in any vehicle or boat. We define “loaded” as shells in the chamber or magazine or percussion cap on a muzzleloader, or arrow notched in a bow.

7. We prohibit hunting from refuge roads open to public vehicle travel.

8. We prohibit construction of permanent blinds or stands.

9. In addition to State hunter education requirements, an adult (parent or guardian) age 21 or older must supervise and must remain within sight of and in normal voice contact of the youth hunter age 15 and under. Parents or adult guardians are responsible for ensuring that hunters under age 16 do not engage in conduct that would constitute a violation of the refuge regulations. An adult may supervise no more than two youths.

10. We prohibit all commercial activities, including guiding or participating in a guided hunt.

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

12. We prohibit marking any tree, or other refuge feature, with flagging, litter, paint, or blaze.

13. We allow marking trails with reflective markers, but you must remove the markers (see §§ 27.93 and 27.94 of this chapter) at the end of the refuge deer hunting season.

14. Hunters utilizing the refuge are subject to inspection of licenses, permits, hunting equipment, bag limits, vehicles, and their contents during compliance checks by refuge or State law enforcement officer.

15. Hunters must be at their vehicles by 1 hour after legal shooting time.

B. Upland Game Hunting.

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

1. Conditions A1 through A15 apply.

2. The refuge upland game hunting season opens on the Monday after the refuge limited hog hunt closes and ends on February 28.

3. You may only possess .22 caliber rimfire rifle (but not .22 magnum) firearms (see § 27.42 of this chapter) or shotguns with shot no larger than #4 common or bows with arrows that have judo or blunt tips. We prohibit possession of arrows capable of taking big game during the upland game hunting season.

4. We allow night hunting in accordance with State regulations for raccoon and opossum on Wednesday through Saturday nights from legal sunset until legal sunrise during the month of February.

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 through A15 apply.

2. We prohibit the use of hunting and tracking dogs for all deer and hog hunts.

3. We require quota hunt permits (issued through a random draw) for the limited deer gun hunt, limited hog hunt, and limited youth gun deer hunt. They cost $12.50.

4. Quota hunt permits are nontransferable.

5. Hunters may only use archery equipment in accordance with State archery regulations during the refuge archery season.

6. Hunters may only use muzzleloading firearms (see § 27.42 of this chapter) in accordance with State muzzleloader regulations during the refuge muzzleloader season.

7. We prohibit hunting from a tree in which a metal object has been driven (see § 32.2(i)).

8. You may leave temporary tree stands on the refuge starting on the last weekend of August, but you must remove them by the last day of the general gun hunting season (see § 27.93 of this chapter).

9. All hunters (including all persons accompanying hunters) must wear a minimum of 500 square inches (3,250 cm

2

) of fluorescent orange visible above the waistline while hunting during all refuge deer gun hunts.

10. We prohibit the use of organized drives for taking or attempting to take game.

11. The refuge general gun season begins on the opening Saturday of the Florida State Central Management Zone, General Gun season and ends on the following Friday. It reopens on the Monday after the refuge limited deer season and ends on the following Sunday. The refuge general gun season lasts 14 days.

12. The refuge limited either-sex deer hunt is on the second Saturday and Sunday of the State Central Management Zone General Gun season. This coincides with the opening of the State's either-sex hunt deer hunting season.

13. The youth limited Gun Deer Hunt is the Saturday and Sunday following the close of the refuge general gun season.

14. The refuge limited hog hunt begins on the first Monday after the Florida State Central Management Zone General Gun (antlered deer and wild hog) season closes, and ends on the following Sunday.

15. During the limited youth hunt, an adult age 21 or older must accompany the youth, age 15 and under, but only the youth hunter may hunt and handle the firearm.

16. We confine the limited youth hunt to the Levy County portion of the refuge, and hunters must access the refuge from Levy County Road 347.

17. We allow hunting of deer (except spotted fawns), feral hog (no size or bag limit), gray squirrel, rabbit, armadillo, opossum, raccoon, beaver, and coyote during the archery season.

18. Hunters may take deer, with one or more antlers at least 5 inches (12.5 cm) in length visible above the hairline, and feral hog (no bag or size limit) during the muzzleloader and general-gun season.

19. Hunters may take hog (no size or bag limit), and a maximum of two deer per day, during the limited deer gun hunt and limited youth gun deer hunt, except only one deer may be a buck for each of the 2-day limited hunts.

20. Hunters may take hog (no size or bag limit) during the limited hog hunt.

21. We prohibit all other public entry or use of the hunting area during the limited hog, limited gun, and limited youth deer hunts. During the limited gun hunt and limited hog hunt, the Dixie Mainline road will remain open to all public vehicles, but we prohibit firearms except for permit holders.

22. Hunters must check all game harvested during all deer and hog hunts.

23. You may only take turkey during the State spring turkey hunting season.

24. You may only take bearded turkeys during the spring turkey hunt.

25. Shooting hours for spring turkey begin

1/2

hour before legal sunrise and end at 1 p.m.

26. We only allow shotguns with shot no larger than size 2 common shot or bows and arrows for spring turkey hunting.

D. Sport Fishing.

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

1. Anglers may take game and nongame fish only with pole and line or rod and reel.

2. We prohibit taking of frogs and turtles (see § 27.21 of this chapter).

3. We prohibit leaving boats on the refuge overnight (see § 27.93 of this chapter).

4. We prohibit consumption of alcohol or possession of open alcohol containers in the public use areas of Shired Island boat launch/fishing and parking lot area and the Shell Mound fishing/recreational area (see § 32.2(j)).

Merritt Island National Wildlife Refuge

A. Migratory Game Bird Hunting.

* * *

2. You must possess and carry a refuge waterfowl hunting quota permit while hunting areas 1 or 4, from the beginning of the regular waterfowl season through December 31.

3. You may hunt Wednesdays, Saturdays, Sundays, and all Federal holidays that fall within the State's waterfowl season.

4. You may hunt in four designated areas of the refuge as delineated in the refuge hunting regulations map. We prohibit hunters entering the normal or expanded restricted areas of the Kennedy Space Center.

5. You may only hunt on refuge-established hunt days from legal shooting time until 1 p.m.

D. Sport Fishing.

We allow you to fish, crab, clam, oyster, and shrimp in designated areas of the refuge as delineated in the refuge fishing regulations map in accordance with State regulations subject to the following conditions:

1. You must possess and carry a current, signed refuge fishing permit at all times while fishing on the refuge.

3. We allow launching of boats at night only from Bair's Cove, Beacon 42, and Bio Lab boat ramps.

4. We prohibit crabbing or fishing, and access for the purpose of crabbing or fishing, from Black Point Wildlife Drive or any side road connected to Black Point Wildlife Drive except L Pond Road.

6. Anglers and crabbers must attend their lines at all times.

11. We prohibit fishing within the normal or expanded restricted areas of the Kennedy Space Center.

12. We prohibit the use of internal combustion engines within the two zones in Mosquito Lagoon. The zones include the posted waters located north of WSEG Boat Ramp and west of the Intra Coastal Waterway and the posted waters on Tiger Shoals extending from the northeast refuge boundary southward to the waters just south of Preachers Island.

St. Marks National Wildlife Refuge

C. Big Game Hunting.

* * *

1. We require refuge permits issued by lottery. Lottery applications are available at the refuge office each year beginning in July. There is a fee for permits. Permits are nontransferable. There is an additional fee for duplicate permits. Each hunter must possess and carry a signed permit when participating in a hunt. Prior to hunting each day, you must check-in at a hunt check station as specified in the refuge hunt brochure. You must check out upon completion of hunting each day.

5. There is a two-deer limit per hunt as specified in C8 and C9 below, except in the youth hunt, where the limit is one deer per hunt as specified in C11 below. The limit for bearded turkey is one per hunt. There is no limit on feral hog.

9. There is a winter archery/muzzleloader hunt. Hunters may harvest doe deer, antlerless deer, bearded turkey, or feral hog. We define “antlerless deer” as deer with antlers less than 1 inch (2.5 cm) above the hairline and “antlered deer” as deer with antlers at least 1 inch (2.5 cm) above the hairline. If the first deer you harvest is an antlerless male, you may harvest another doe or antlerless deer as your second deer. If the first deer you harvest is a doe, you may bring it to the check station, and we will give you a permit to harvest an antlered deer. With the antlered deer permit, you may harvest any deer as your second deer. Archery equipment and muzzleloaders must meet the requirements set by the State. We prohibit other weapons in the hunt area (see § 27.43 of this chapter). Contact the refuge office for specific dates.

10. There are two modern gun hunts. Modern guns must meet State requirements. We will hold one hunt on the Panacea Unit and one on the Wakulla Unit. You may harvest deer as described in C9 above. You may also harvest one bearded turkey or feral hog (no limit). Contact the refuge office for specific dates.

11. There is one youth hunt, for youths ages 10 to 15, on the St. Marks Unit in an area to be specified in the refuge hunt brochure. Hunters may harvest one deer of either sex or feral hog (no limit). An adult, age 21 or older, must accompany each youth hunter, and each adult may accompany only one youth. The adult must possess a refuge permit. Only the youth hunter may handle or discharge firearms. Contact the refuge office for specific dates.

12. There is one mobility-impaired hunt on the Panacea Unit in the area west of County Road 372. Hunters may harvest doe deer, antlerless deer,

bearded turkey, or feral hog. See definition for “antlerless deer” in C9 above. We will give each hunter that harvests a doe deer a permit to harvest an antlered deer, as described in C9 above. Hunters may have an able-bodied hunter accompany them. You may transfer permits issued to able-bodied assistants. We limit those hunt teams to two deer per hunt. Contact the refuge office for specific dates.

13. There is one spring gobbler hunt. You may harvest one bearded turkey per hunt. You may only use shotguns to harvest turkey. Contact the refuge officer for specific dates. You must unload and dismantle or case weapons (see § 27.42(b) of this chapter) after 1 p.m.

St. Vincent National Wildlife Refuge

C. Big Game Hunting.

* * *

2. We restrict hunting to three hunt periods: Sambar deer, raccoon, and feral hog—November 17-19; and white-tailed deer, raccoon, and feral hog—December 15-17 and January 5-7. Hunters may check-in and set up camp sites and stands on November 16, December 14, and January 4. Hunters must leave the island and remove all equipment by 11 a.m. on November 20, December 18, and January 8.

10. Amend § 32.29 Georgia by:

a. Revising paragraph D. of Banks Lake National Wildlife Refuge;

b. Adding paragraphs C.18. and C.19. of Blackbeard Island National Wildlife Refuge;

c. Adding paragraph C.18. and C.19. of Harris Neck National Wildlife Refuge;

d. Revising paragraphs B.9., D.1., and D.4. of Piedmont National Wildlife Refuge;

e. Revising paragraph A.1., adding paragraphs A.4., A.5., and B.8., and revising paragraphs C.5. and C.8. of Savannah National Wildlife Refuge; and

f. Adding paragraphs C.19. and C.20. of Wassaw National Wildlife Refuge to read as follows:

§ 32.29

Georgia.

Banks Lake National Wildlife Refuge

D. Sport Fishing.

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

1. We only allow the use of pole and line or rod and reel, which the angler must attend at all times.

2. We allow sport fishing after legal sunset; but we prohibit all other activity after legal sunset.

3. We prohibit marking of paths or navigational routes.

4. We prohibit swimming, wading, jet skiing, and water skiing.

Blackbeard Island National Wildlife Refuge

C. Big Game Hunting.

* * *

18. Youth hunters age 15 and under must possess and carry a valid hunter education card in order to hunt.

19. Youth hunters age 15 and under 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 one youth hunter.

Harris Neck National Wildlife Refuge

C. Big Game Hunting.

* * *

18. Youth hunters age 15 and under must possess and carry a valid hunter education card in order to hunt.

19. Youth hunters age 15 and under 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 one youth hunter.

Piedmont National Wildlife Refuge

B. Upland Game Hunting.

* * *

9. We only allow .22 caliber or smaller rimfire firearms for raccoon and opossum hunting.

D. Sport Fishing.

* * *

1. We allow fishing from April 1 to September 30.

4. We allow nonmotorized boats on all ponds designated as open to fishing except the Children's pond. We allow boats with electric motors only in Pond 2A and Allison Lake.

Savannah National Wildlife Refuge

A. Migratory Game Bird Hunting.

* * *

1. You must possess and carry a signed refuge permit at all times while hunting on the refuge. We only require a fee for the quota youth waterfowl hunt on the Solomon Tract and the wheelchair-dependent hunters' quota deer hunt.

4. Youth hunters age 15 and under must possess and carry a valid hunter education card in order to hunt.

5. Youth hunters age 15 and under 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.

B. Upland Game Hunting.

* * *

8. Conditions A4 and A5 apply.

C. Big Game Hunting.

* * *

5. We only allow shotguns with slugs, muzzleloaders, and bows for deer and hog hunting throughout the designated hunt area during the November gun hunt and the March hog hunt. However, we allow high-powered rifles north of Interstate Highway 95 only. We prohibit handguns.

8. Conditions B7, A4, and A5 apply.

Wassaw National Wildlife Refuge

C. Big Game Hunting.

* * *

19. Youth hunters age 15 and under must possess and carry a valid hunter education card in order to hunt.

20. Youth hunters age 15 and under 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 one youth hunter.

11. Amend § 32.32 Illinois by:

a. Removing paragraphs A.2. and A.3., redesignating paragraph A.4. as A.2., revising paragraph A.2., and revising paragraph D.2. of Chautauqua National Wildlife Refuge;

b. Revising paragraph A.5., adding paragraph A.7.xii., and revising paragraphs B.1., B.2., C.1., and D.1. of Cypress Creek National Wildlife Refuge;

c. Revising the introductory text of paragraph A., adding paragraph A.3., revising the introductory text of paragraph B., adding paragraphs B.1., B.2., and revising paragraphs C. and D. of Emiquon National Wildlife Refuge;

d. Revising the introductory text of paragraph D. and revising paragraphs D.1. and D.2. of Meredosia National Wildlife Refuge;

e. Revising the introductory text of paragraphs B., C., and D. of Middle Mississippi River National Wildlife Refuge;

f. Revising paragraph B.3., revising the introductory text of paragraph C., and revising paragraph D.3. of Port Louisa National Wildlife Refuge;

g. Revising paragraph D.3. of Two Rivers National Wildlife Refuge; and

h. Revising paragraph A.6. of Upper Mississippi River National Wildlife and Fish Refuge to read as follows:

§ 32.32

Illinois.

Chautauqua National Wildlife Refuge

A. Hunting of Migratory Game Birds.

* * *

2. Hunters must remove boats, decoys, and portable blinds at the end of each day's hunt (see §§ 27.93 and 27.94 of this chapter).

D. Sport Fishing.

* * *

2. We allow bank fishing from legal sunrise October 16 to legal sunset January 14 between the boat ramp and the fishing trail in the North Pool and from Goofy Ridge Public Access to west gate of the north pool water control structure.

Cypress Creek National Wildlife Refuge

A. Migratory Game Bird Hunting.

* * *

5. We allow dove hunting beginning on September 1 and continuing on the following Mondays, Wednesdays, and Saturdays throughout the State season.

7. * * *

xii. All hunting parties must hunt over a minimum of 12 decoys at each blind site.

B. Upland Game Hunting.

* * *

1. Conditions A1, A2, A3, and A4 apply.

2. We prohibit hunting after legal sunset, except we allow raccoon and opossum hunting after legal sunset.

C. Big Game Hunting.

* * *

1. Conditions A1 and A2 apply.

D. Sport Fishing.

* * *

1. Conditions A2 and A3 apply.

Emiquon National Wildlife Refuge

A. Migratory Game Bird Hunting.

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

3. We allow the use of motorized boats at no-wake speeds on all refuge waters.

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 conditions:

1. You may possess only approved nontoxic shot while hunting all allowed species except wild turkey and coyote (see § 32.2(k)). You may possess lead shot for hunting of wild turkey and coyote.

2. We allow access for hunting from 1 hour before legal sunrise until legal sunset.

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 condition: Hunters must remove hunting stands at the end of each day's hunt (see §§ 27.93 and 27.94 of this chapter).

D. Sport Fishing.

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

1. We prohibit leaving private boats on refuge waters overnight (see § 27.93 of this chapter).

2. Condition A3 applies.

Meredosia National Wildlife Refuge

D. Sport Fishing.

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

1. We allow sport fishing on all areas open to public access from legal sunrise to legal sunset from January 15 to October 15.

2. We allow foot access on refuge land along the east side of Meredosia Lake in Morgan County from legal sunrise to legal sunset from October 16 to January 14. The boat ramp remains open throughout the year for access to Meredosia Lake.

Middle Mississippi River National Wildlife Refuge

B. Upland Game Hunting.

We allow hunting of small game, furbearers, turkey, and nonmigratory game birds on the Beaver, Harlow, Meissner, and Wilkinson Island Division in accordance with State regulations subject to the following conditions:

C. Big Game Hunting.

We allow hunting of white-tailed deer on the Beaver, Harlow, Meissner, and Wilkinson Island Divisions in accordance with State regulations subject to the following conditions:

D. Sport Fishing.

We allow fishing on the Beaver, Harlow, and Wilkinson Island Divisions in accordance with State regulations subject to the following conditions:

Port Louisa National Wildlife Refuge

B. Upland Game Hunting.

* * *

3. We allow hunting in designated areas on the Horseshoe Bend Division from September 1 until September 14 and from December 1 until February 28. We allow spring turkey hunting.

C. Big Game Hunting.

We allow hunting of white-tailed deer only on Big Timber Division and in designated areas on Horseshoe Bend Division in accordance with State regulations subject to the following conditions:

D. Sport Fishing.

* * *

3. We close the following Divisions to all public access: Louisa Division—September 14 until January 1; Horseshoe Bend Division—September 14 until December 1; Keithsburg Division—September 15 until January 1.

Two Rivers National Wildlife Refuge

D. Sport Fishing.

* * *

3. From October 15 through December 31 we close the Batchtown, Gilbert Lake, and Portage Island Divisions, and the portion of the Calhoun Division north and west of the Illinois River Road, to all public access.

Upper Mississippi River National Wildlife and Fish Refuge

A. Migratory Game Bird Hunting.

* * *

6. For Pools 12, 13 (excluding the Lost Mound Unit), and 14, we allow the following: hunting from boat blinds or scull boats; construction of permanent blinds from dimensional lumber (however, we prohibit use of nonbiodegradable materials such as metal, plastic, or fiberglass); and use of local, native-only species such as willow, cattail, bulrush, lotus, arrowhead vegetation, and dead wood on the ground for blind building and camouflage. We prohibit bringing nonnative species (alive or dead) onto the refuge and cutting or removing any other trees or vegetation (see § 27.51 of this chapter). Hunters must place an identification card with name, address,

and telephone number inside the permanent blind. Blinds not occupied by 1 hour before legal sunrise are available on a first-come, first-served basis.

12. Amend § 32.33 Indiana by:

a. Revising paragraphs B., C., and D. of Muscatatuck National Wildlife Refuge; and

b. Revising paragraph B.1., adding paragraph C.3., and revising the introductory text of paragraph D. and paragraph D.1. of Patoka River National Wildlife Refuge and Management Area to read as follows:

§ 32.33

Indiana.

Muscatatuck National Wildlife Refuge

B. Upland Game Hunting.

We allow hunting of wild turkey, quail, squirrel, and rabbit on designated areas of the refuge in accordance with State regulations subject to the following conditions:

1. For wild turkey hunting, we require a refuge permit.

2. We prohibit discharge of firearms within 100 yards (90 m) of an occupied dwelling.

3. Shotgun hunters may possess only approved nontoxic shot on the refuge (see § 32.2(k)).

4. We allow the use of hunting dogs for hunting rabbit and quail only.

C. Big Game Hunting.

We allow hunting of white-tailed deer on designated areas of the refuge during the State archery and muzzleloader seasons in accordance with State regulations subject to the following conditions:

1. You must possess and carry a refuge permit during the State muzzleloader season.

2. We only allow bow and arrow and muzzleloaders, except that hunters with a State handicapped hunting permit may use crossbows.

3. We prohibit the construction and use of permanent blinds, platforms, or ladders (see § 27.92 of this chapter).

4. Condition B2 applies.

5. We allow access to the refuge during posted hours during refuge deer hunts.

6. Hunters may only take one deer per day from the refuge.

7. We allow only permitted muzzleloader hunters during the State muzzleloader season.

8. We allow archery hunting during the refuge-designated seasons.

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 the use of boats and belly boats on all refuge waters except for Stanfield Lake and Richart Lake.

2. We only allow fishing with rod and reel or pole and line.

3. We allow fishing from legal sunrise to legal sunset.

4. We prohibit harvesting of frogs and turtles (see § 27.21 of this chapter).

Patoka River National Wildlife Refuge and Management Area

B. Upland Game Hunting.

* * *

1. You may only possess approved nontoxic shot while hunting on the refuge (see § 32.3(k)).

C. Big Game Hunting.

* * *

3. We prohibit marking trails with tape, ribbons, paper, paint, tacks, tree blazes, or other devices.

D. Sport Fishing.

We allow sport fishing in accordance with State regulations on the main channel of the Patoka River, but all other refuge waters are subject to the following conditions:

1. We allow fishing from legal sunrise to legal sunset.

13. Amend § 32.34 Iowa by removing paragraph B.1., redesignating paragraphs B.2. through B.4. as paragraphs B.1. through B.3., and adding a new paragraph B.4. of Neal Smith National Wildlife Refuge to read as follows:

§ 32.34

Iowa.

Neal Smith National Wildlife Refuge

B. Upland Game Hunting.

* * *

4. We prohibit shooting on or over any refuge road within 50 feet (15 m) from the centerline.

14. Amend § 32.36 Kentucky by:

a. Revising Clarks River National Wildlife Refuge; and

b. Revising paragraph C.1., and removing paragraph C.5. of Reelfoot National Wildlife Refuge to read as follows:

§ 32.36

Kentucky.

Clarks River National Wildlife Refuge

A. Migratory Game Bird Hunting.

We allow hunting of mourning dove, woodcock, common snipe, Canada and snow goose, coot, and waterfowl listed in 50 CFR 10.13 under DUCKS on designated areas of the refuge in accordance with State regulations subject to the following conditions:

1. The refuge is a day-use area only, with the exception of legal hunting/fishing activities.

2. We prohibit the use of motorized off-road vehicles (e.g., ATVs) on the refuge (see § 27.31(f) of this chapter).

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

4. We prohibit the use of horses and mules on refuge property during the State muzzleloader and modern gun deer hunts. We allow horseback riding on refuge roads and portions of the abandoned railroad tracks owned by the refuge for access purposes while engaged in wildlife activities. We prohibit horses and mules off these secondary access routes for any reason.

5. You must possess and carry a valid refuge permit while hunting and/or fishing on the refuge.

6. To retrieve or track game from a posted closed area of the refuge, the hunter must first request permission from the refuge manager at 270-527-5770 or the law enforcement officer at 270-703-2836.

7. We prohibit the use of flagging tape, reflective tacks, or nonbiodegradable devices used to identify paths to and mark tree stands, blinds, and other areas.

8. We close those portions of abandoned railroad tracks within the refuge boundary to vehicle access (see § 27.31 of this chapter).

9. We prohibit discharge of firearms or carrying loaded firearms on or within 100 feet (90 m) of any home, the abandoned railroad tracks, graveled roads, and hiking trails.

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

11. We prohibit possession or use of alcoholic beverages while hunting (see § 32.2(j)).

12. We prohibit the use of electronic calls

with the exception for taking crow during crow season

.

13. An adult, age 21 or older, must supervise all youth hunters, age 15 and under. Youth hunters must remain in sight and normal voice contact with the adult. On small game hunts, the adult may supervise no more than two youths; on big game hunts, the adult may supervise no more than one youth.

14. All persons born after January 1, 1975 must possess a valid hunter education card while hunting.

15. Waterfowl hunters must pick up decoys and equipment (see §§ 27.93 and 27.94 of this chapter), unload firearms (see § 27.42(b) of this chapter), and be

out of the field by 2 p.m. daily during the State waterfowl season.

16. You may only use portable or temporary blinds that must be removed (see §§ 27.93 and 27.94 of this chapter) from the refuge daily.

17. We close, as posted, the Sharpe-Elva Water Management Unit from November 1 through March 15 to all entry with the exception of drawn permit holders and their guests.

18. We only allow waterfowl hunting on the Sharpe-Elva Water Management Unit on specified Saturdays and Sundays during the State waterfowl season. We only allow hunting by individuals in possession of a refuge draw permit and their guests. State regulations and the following conditions apply:

i. Application procedures and eligibility requirements are available from the refuge office.

ii. We allow permit holders and up to three guests to hunt their assigned provided blind on the designated date. We prohibit guests in the blind without the attendance of the permit holder.

iii. We prohibit selling, trading, or bartering of permits. This permit is nontransferable.

iv. You may place decoys out Saturday morning at the beginning of the hunt, and you must remove them by Sunday at the close of the hunt (see §§ 27.93 and 27.94 of this chapter).

v. We prohibit watercraft in the Sharpe-Elva Water Management Unit, except for drawn permit holders to access their assigned blinds and retrieve downed birds as needed.

B. Upland Game Hunting

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

1. Conditions A1 through A14 apply.

2. We close squirrel, rabbit, and quail seasons during muzzleloader and modern gun deer hunts.

3. You may not kill or cripple a wild animal without making a reasonable effort to retrieve the animal and harvest a reasonable portion of that animal and include it in your daily bag limit.

4. You may use only rimfire rifles, pistols, shotguns, and legal archery equipment for taking upland game.

5. We prohibit possession and use of lead ammunition, except that you may use rimfire rifle and pistol lead ammunition no larger than .22 caliber for upland game hunting.

6. You may hunt coyote during any daytime refuge hunt with weapons and ammunition allowed for that hunt.

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 A1 through A15 and B3 apply.

2. We only allow the use of portable and climbing stands. You may place stands in the field no earlier than 2 weeks prior to the opening of deer season, and you must remove them from the field within 1 week after the season closes (see §§ 27.93 and 27.94 of this chapter). The hunter's name and address must appear on all stands left in the field.

3. You must use safety belts at all times when occupying the tree stands.

4. We prohibit organized deer drives of two or more hunters. We define “drive” as: the act of chasing, pursuing, disturbing, or otherwise directing deer so as to make animals more susceptible to harvest.

D. Sport Fishing

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

1. Conditions A1 through A15 apply.

Reelfoot National Wildlife Refuge

C. Big Game Hunting

. * * *

1. Conditions B1 through B6 apply.

15. Amend § 32.37 Louisiana by:

a. Revising the introductory text of paragraph A., revising paragraph A.8., adding paragraphs A.12., and A.13., revising the introductory text of paragraph B., revising paragraph B.4., and adding paragraph C.10. of Big Branch Marsh National Wildlife Refuge;

b. Revising paragraph A.6. of Black Bayou Lake National Wildlife Refuge;

c. Adding paragraphs A.9. and A.10., revising paragraph B.7., adding paragraph B.8. and B.9., revising paragraphs C.1., C.3., and C.9., and revising paragraphs D.2. and D.4., and adding paragraph D.6. of Boque Chitto National Wildlife Refuge;

d. Revising paragraphs A.5. and A.6. of Cameron Prairie National Wildlife Refuge;

e. Revising paragraphs A.1. and A.8., adding paragraphs A.21. through A.25., revising paragraphs B.1. and C.1., redesignating paragraphs C.3. through C.8. as paragraphs C.4. through C.9., adding a new paragraph C.3., revising paragraph C.4., and adding paragraphs C.9., D.10. and D.11. of Cat Island National Wildlife Refuge;

f. Revising paragraphs A.2. and A.4., adding paragraphs A.15. and A.16., revising paragraphs B.1. and B.8., adding paragraphs B.9. and B.10., revising paragraphs C.1., C.2., C.3., C.8., adding paragraph C.11., revising paragraph D.1., and adding paragraph D.8. of Catahoula National Wildlife Refuge;

g. Revising paragraph A.6. of D'Arbonne National Wildlife Refuge;

h. Revising paragraph A.12., adding paragraph A.13., and revising paragraph C.1. of Delta National Wildlife Refuge;

i. Revising paragraph A.1., adding paragraphs A.23. through A.29., revising paragraphs B.1., C.1., C.2., C.3., and C.4., adding paragraph C.9., and revising paragraphs D.1. and D.8., and adding paragraphs D.13. through D.15. of Grand Cote National Wildlife Refuge;

j. Revising the heading and introductory text of paragraph A., revising paragraphs A.1., A.15., A.16., adding paragraphs A.21., A.22., and A.23. revising paragraphs B.1., B.2., C.1., C.3., C.4., C.6., C.11., C.12., adding paragraphs C.15. through C.17., revising paragraph D.1., and adding paragraphs D.9. and D.10. of Lake Ophelia National Wildlife Refuge; and

k. Revising paragraph A.8. of Upper Ouachita National Wildlife Refuge to read as follows:

§ 32.37

Louisiana.

Big Branch Marsh National Wildlife Refuge

A. Migratory Game Bird Hunting.

We allow hunting of duck, coot, goose, snipe, rail, and gallinule on designated areas of the refuge during the State waterfowl season in accordance with State regulations subject to the following conditions:

8. The refuge is open from

1/2

hour before legal sunrise to

1/2

hour after legal sunset.

12. Hunters may not enter the refuge before 4 a.m.

13. We prohibit any person or group to act as a hunting guide, outfitter, or in any other capacity that any other individual(s) pays or promises to pay directly or indirectly for services rendered to any other person or persons hunting on the refuge, regardless of whether such payment is for guiding, outfitting, lodging, or club membership.

B. Upland Game Hunting.

We allow hunting of squirrel, rabbit, woodcock, and quail on designated areas of the refuge in accordance with State regulations subject to the following conditions:

4. Conditions A5 through A13 apply.

C. Big Game Hunting.

* * *

10. Conditions A5 through A13 apply.

Black Bayou Lake National Wildlife Refuge

A. Migratory Game Bird Hunting.

* * *

6. We prohibit hunting within 150 feet (45 m) of the maintained right-of-way of roads, from or across ATV trails (see § 27.31 of this chapter). We prohibit hunting within 50 feet (15 m), or trespassing on above-ground oil or gas production facilities.

Boque Chitto National Wildlife Refuge

A. Migratory Game Bird Hunting.

* * *

9. We allow primitive camping within 100 feet (30 m) of designated streams. These include either bank of the Boque Chitto River, Wilson Slough, and West Pearl River south of Wilson Slough, refuge lands along the East Pearl River, and Holmes Bayou.

10. We prohibit any person or group to act as a hunting guide, outfitter, or in any other capacity that any other individual(s) pays or promises to pay directly or indirectly for services rendered to any other person or persons hunting on the refuge, regardless of whether such payment is for guiding, outfitting, lodging, or club membership.

B. Upland Game Hunting.

* * *

7. Conditions A3 (upland game hunts), and A5 through A10 apply.

8. During the refuge deer gun season, all hunters except waterfowl hunters must wear a minimum of 400 square inches (2,600 cm2) of unbroken hunter orange as the outermost layer of clothing on the chest and back, and in addition we require a hat or cap of unbroken hunter orange.

9. We allow upland game hunting during the open State season.

C. Big Game Hunting.

* * *

1. Conditions A3 (one adult may only supervise one youth hunter during refuge Gun Deer Hunts), A5 through A7, A10, B5, and B8 apply.

3. We allow archery deer hunting during the open State archery season.

9. You may take hogs as incidental game while participating in the refuge archery, primitive weapon and general gun deer hunts only. Additionally, you may take hogs typically during varying dates in January and February, and you must only take them with the aid of trained hog-hunting dogs from legal sunrise until legal sunset. During the special hog season in January and February, hunters may use pistol or rifle ammunition not larger than .22 caliber or a shotgun with nontoxic (steel, bismuth) shot to kill hogs after they have been caught by dogs.

D. Sport Fishing.

* * *

2. Conditions A9 and B5 apply.

4. We allow boats in the fishing ponds at the Pearl River Turnaround that do not have gasoline-powered engines attached. These boats must be hand launched into the ponds.

6. We allow trotlines but the last five feet of trotline must be 100% cotton.

Cameron Prairie National Wildlife Refuge

A. Migratory Game Bird Hunting.

* * *

5. We allow dove hunting on designated areas during the first split of the State dove season only.

6. We allow snipe hunting on designated areas for the remaining portion of the State snipe season following closure of the State Ducks and Coots season in the West Zone.

Cat Island National Wildlife Refuge

A. Migratory Game Bird Hunting.

* * *

1. We require hunters and anglers age 16 and older to purchase and carry a signed refuge special recreational activity permit.

8. You must report all harvest game at the refuge check station upon leaving the refuge.

21. We prohibit accessing refuge property by boat from the Mississippi River.

22. Persons using the refuge are subject to inspection of permits, licenses, hunting equipment, bag limits, and boats and vehicles by law enforcement officers.

23. We allow nonmotorized or electric-powered boats only.

24. We prohibit trapping.

25. We prohibit the possession of saws, saw blades, or machetes.

B. Upland Game Hunting.

* * *

1. Conditions A1 through A17, A19, A21, and A22 apply.

C. Big Gam

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