# 2010-2011 Refuge-Specific Hunting and Sport Fishing Regulations

> Briefs, arguments, decisions, and more.

URL: https://www.frixlaw.com/law-library/documents/fr%3A2011-225

## Record

- **Collection:** Federal Register
- **Document type:** Rule
- **Published:** January 21, 2011
- **Citation:** 76 FR 3938

## Text

DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 32
[Docket No. FWS-R9-NSR-2010-0036; 93250-1265-0000-4A]
RIN 1018-AX20
2010-2011 Refuge-Specific Hunting and Sport Fishing Regulations

AGENCY:

Fish and Wildlife Service, Interior.

ACTION:

Final rule.

SUMMARY:

The Fish and Wildlife Service adds one refuge to the list of areas open for hunting and/or sport fishing and increases the activities available at seven other refuges, along with pertinent refuge-specific regulations on other refuges that pertain to migratory game bird hunting, upland game hunting, big game hunting, and sport fishing for the 2010-2011 season.

DATES:

This rule is effective January 21, 2011.

FOR FURTHER INFORMATION CONTACT:

Leslie A. Marler, (703) 358-2397.

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 or our/we) mission. The action also must be in accordance with provisions of all laws applicable to the areas, developed in coordination with the appropriate State fish and wildlife agency(ies), consistent with the principles of sound fish and wildlife management and administration, and otherwise in the public interest. These requirements ensure that we maintain the biological integrity, diversity, and environmental health of the Refuge System for the benefit of present and future generations of Americans.

We annually review refuge hunting and sport fishing programs to determine whether to include additional refuges or whether individual refuge regulations governing existing programs need modifications. 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 fish- and 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 below. 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 (container for carrying fish) limits, methods of hunting or sport fishing, descriptions of areas open to hunting or sport fishing, and other provisions as appropriate. You may find previously issued refuge-specific regulations for hunting and sport fishing in 50 CFR part 32. In this rulemaking, we are also standardizing and clarifying the language of existing regulations.

Statutory Authority

The National Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 668dd-668ee, as amended by the National Wildlife Refuge System Improvement Act of 1997 [Improvement Act]) (Administration Act), and the Refuge Recreation Act of 1962 (16 U.S.C. 460k-460k-4) (Recreation Act) govern the administration and public use of refuges.

Amendments enacted by the Improvement Act, built upon the Administration Act in a manner that provides an “organic act” for the Refuge System, are 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 our 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 with the purpose for which the refuge was established and the mission of the Refuge System. 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 Improvement Act established six wildlife-dependent recreational uses 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 and specific plans,

and by annual review of hunting and sport fishing programs and regulations.

Response to Comments Received

In the September 15, 2010,
Federal Register
(75 FR 56360), we published a proposed rulemaking identifying changes pertaining to migratory game bird hunting, upland game bird hunting, big game hunting, and sport fishing to existing refuge-specific language on certain refuges for the 2010-2011 season. We received 14 comments on the proposed rule during a 30-day comment period; seven of those comments were supportive of the rulemaking.

Comment 1:
Four commenters expressed opposition to the Service banning lead sinkers on several of our refuges. They feel that this ban would necessitate them having to purchase new nontoxic sinkers and this would be hardship on all anglers, especially in light of current economic conditions. They feel that the amount of lead left in waters is minimal and not the same as that in ammunition used by waterfowl hunters.

Response 1:
Three refuges in this rule have language banning lead sinkers on their refuges: Patuxent Research Refuge in Maryland, Seney National Wildlife Refuge in Michigan, and Rappahannock River Valley National Wildlife Refuge in Virginia. Lead is a toxic metal that, in sufficient quantities, has adverse effects on the nervous and reproductive systems of animals, and can be lethal to wildlife if ingested, even in small amounts such as that contained in a fishing weight. According to the American Bird Conservancy and Center for Biological Diversity, an estimated 10 million to 20 million birds and other animals die each year from lead poisoning in the United States. Some animals die a painful death from lead poisoning while others suffer for years from its debilitating effects. Current estimates are that approximately 4,000 tons are lost in ponds and streams as fishing lures and sinkers. This metal is poisoning at least 75 wild bird species, including loons, golden and bald eagles, ravens and endangered California condors. Bald eagles are especially vulnerable to lead. Eagles eat fish, including the bottom-feeding varieties most likely to scoop sinkers from the sediments. It is true that sinkers are only part of the lead problems. Raptors can also pick up bullet fragments from deer carcasses, and other birds can pick up lead shot showered over fields and wetlands by years of hunting activity. But lead shot for waterfowl hunting has been illegal since 1998. There are nontoxic fishing weights (split shot) for use in nontidal waters that are readily available in the marketplace. Many anglers are using fishing tackle made from nontoxic materials such as tin, bismuth, steel, and tungsten, alternatives which are found in all 50 States. The difference in cost between nonlead tackle and lead is not great, especially for basic items. For example, a
3/0
reusable split shot costs $.03 for lead and $.04 for tin.

This ban of lead sinkers is not new to any of these refuges. In the case of Rappahannock River Valley National Wildlife Refuge, they have banned lead sinkers since 2004 in their freshwater ponds, where there is a greater likelihood of lead split shot being ingested by wildlife. They do allow the use of lead sinkers in tidal creeks because to hold bait in a tidal situation anglers need heavier weights, and heavier nontoxic weights are not as available in the marketplace. There is also less likelihood of weights in tidal waters being ingested (larger size, deeper water).

Seney National Wildlife Refuge has banned lead sinkers since 2002. They have several fish-eating predators (bald eagle, osprey, kingfisher, otter, loon) that are susceptible to incidental lead ingestion on the refuge along with swans that may ingest lead weights while feeding in shallow waters. From 1987-2004, lead toxicosis accounted for 22 percent of the 204 Michigan common loon deaths that were necropsied by the Minnesota Department of Natural Resources' Rose Lake Wildlife Disease Lab.

Patuxent Research Refuge banned lead sinkers as of April 12, 2010 (it was effective in the 2009-10 rulemaking). We are making no change to the regulations as a result of these comments.

Comment 2:
Two commenters feel that we are making more refuges into killing fields for wildlife and birds. One of these commenters also wishes to extend the comment period by 60 days. Both commenters feel that by spreading lead shot all over the environment it kills a second time and more with other animals feeding from the dead carcass. They feel that the use of the refuge is taken away from nonhunters who cannot use the site when “the wildlife murderers are there shooting,” and that hunting is incompatible with any other use of the site.

Response 2:
The 1997 National Wildlife Refuge System Administration Act stipulates that hunting (along with fishing, wildlife observation and photography, and environmental education and interpretation), if found to be compatible, is a legitimate and priority general public use of a refuge and should be facilitated. The Administration Act authorizes the Secretary to allow use of any refuge area for any purpose as long as those uses are compatible. In the case of each refuge opening/expansion in this rule, the refuge managers went through the compatibility process (which allows for public comment), in addition to complying with the National Environmental Policy Act (42 U.S.C. 4321
et seq.
) (NEPA) (which also allows for public comment) to make the determination before opening or expanding the refuge to allow for hunting.

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 provided other opportunities to comment, for example, on the comprehensive conservation plans, the compatibility determinations, and the hunt plans and accompanying NEPA documents. The final stage is when we publish the proposed rule in the
Federal Register
for additional comment, commonly providing a 30-day comment period.

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.

We are and have been phasing out the use of lead shot by hunters on refuge lands. However, we are doing this phase-out of lead shot in a coordinated manner with the respective State wildlife agency. The National Wildlife Refuge Improvement Act of 1997 directs the Service to make refuge regulations as consistent with State regulations as practicable. See additional discussion on the lead shot issue in Response 1. There were no changes to this rulemaking as a result of these comments.

Comment 3:
A commenter asked whether a change could be made to Cape May National Wildlife Refuge (NWR), which is opening the Great Cedar Swamp Division section of its refuge to wild turkey hunting, to include the Delaware Bay Division. The commenter explains that he/she understood the reason why Delaware Bay Division was not listed during the time of the comprehensive conservation plan (CCP) approval was that no wild turkeys were likely to be found in that Division, but feels that is not the case today. Also, the commenter feels that the turkey hunting disturbance footprint/impact is far less than other user groups who currently venture onto the refuge—that some of the nonhunting user group activities involve large numbers of individuals, moving as a single group, which creates a much larger disturbance to the wildlife population than a single individual transiting the same area. The commenter goes on to state that other users are not limited in any fashion as to the amount of time spent inside the ecosystem, unlike hunter users who are limited by Federal and State regulations.

Response 3:
In accordance with the National Wildlife Refuge System Improvement Act of 1997, the 2004 Comprehensive Conservation Plan (CCP) for Cape May NWR provides a strategic management direction for the refuge over a 15-year period. As described in the 2009 Turkey, Rabbit, Squirrel Hunt Management Plan, the Preferred Alternative implements the strategies as outlined in the CCP for providing new compatible upland game hunting (turkey, rabbit, and squirrel) on the refuge. We consider this activity to be a wildlife-dependent public use activity. The exclusion of the Delaware Bay Division for turkey hunting meets the purposes of the Cape May NWR, as outlined in the 2004 CCP. Opportunities for turkey hunting and other wildlife-dependent public use activities on the refuge will be re-evaluated during the CCP's revision in 2019.

We designed hunting opportunities provided on Cape May NWR to result in minimal disturbance to trust resources. Minimizing disturbance factors and potential impacts are a primary consideration in season and regulation development. Because hunters may only harvest turkey during the spring in the Great Cedar Swamp Division on 4,492 acres, fewer biological impacts would occur than if we allowed turkey hunting in the Delaware Bay Division as well. We allow turkey hunting in limited areas of the refuge in order to reduce the cumulative negative impacts to wildlife and conflicts among other user groups on the refuge. No changes were made to the regulation as a result of this comment.

Comment 4:
Another commenter felt that Federal hunting and fishing rules should not only be consistent with State hunting and fishing regulations but provide a practical, easy-to-use structure to permit hunters and anglers on Federal refuges. In particular the commenter suggests that we should provide notice in State hunting and fishing guides of opportunities found in refuges along with permitting requirements, allowing hunters and anglers to obtain required permits in a similar manner as State fishing and hunting licenses or permits.

Response 4:
Most State hunting regulation pamphlets identify hunting opportunities on refuges. In addition, many States also assist in and coordinate the issuance of refuge hunting permits, and many assist in running the hunting program on a specific refuge by providing staff. We are seeking additional opportunities to harmonize the refuge and State regulations. In addition, the process of selecting hunters for various hunting opportunities undergoes annual reviews, often in conjunction with State wildlife agency staff, and we are seeking opportunities to improve these processes. However, an important distinction between refuges and other lands within a State is that national wildlife refuges are closed to hunting in the lower 48 States until the Service opens them through a prescribed series of steps set forth both in regulation (50 CFR 32.1) and in policy (605 FW 2). Furthermore, if we do open a refuge, not all lands within a refuge are opened in their entirety, and we are very specific about exactly how this hunt will take place.

The decision to open a refuge to hunting involves numerous steps where each refuge manager determines, after completing a compatibility determination, hunting and/or fishing opening package, appropriate NEPA documentation, section 7 consultation, and consultation with State fish and game agencies, the conduct of the hunting or fishing opportunity. While we make every effort to be consistent with State regulations, there are instances when it is appropriate that we be more restrictive than the State. Our regulations at 50 CFR 32.2(d) state that, “Each person shall comply with the applicable provisions of the laws and regulations of the State wherein any area is located
unless further restricted by Federal law or regulation.”
[Emphasis added.]

For example, States may typically allow a longer hunting/angling season or larger bag limits than do many refuges. Most refuges have shorter seasons not only to ensure healthy wildlife populations, but to also allow other users opportunities to visit and observe wildlife on our refuges (
i.e.,
bird watchers, school groups, other refuge visitors) free of any safety concerns related to hunting in particular. We allow refuge managers the latitude to be more restrictive than the State when they deem it necessary and appropriate for a particular refuge.

The commenter also referred to a condition that required hunters wishing to participate in a hunt to submit a Big/Upland Game Hunt Application (FWS Form 3-2356). We recently secured OMB approval of nine new forms allowing the refuges to keep track of various activities on the refuges. The Paperwork Reduction Act of 1980 (44 U.S.C. 3501
et seq.
) (PRA) determines how we may collect information from 10 or more individuals. We strive with every annual regulation to comply with the PRA and this is an attempt to do so. This law is unique to the Federal Government and compliance is not discretionary. The collection of this information enables refuge managers to more appropriately manage hunts helping to ensure quality opportunities for the hunting and angling public in addition to better managing wildlife populations. We made no changes to the regulation as a result of this comment.

Comment 5:
A commenter says that the Service should only propose rules that it reasonably believes it can enforce and that is consistent with the purposes of allowing hunting in refuges. Specifically, the commenter assumes that the requirement for hunters in tree stands to use a safety belt or harness (as proposed at Choctaw NWR) is proposed for safety purposes, but we provide no analysis justifying this rule. Further, the rule is overly prescriptive and will be difficult to enforce without undermining the hunting.

Response 5:
This is not a new proposal for Choctaw NWR. The refuge has had this regulation in place since 2004. The commenter states that in order to enforce this regulation, the law enforcement officer would disturb any wildlife. Often officers (Federal or State) make use of spotting scopes and binoculars enabling them to check compliance from a distance and also are able to examine equipment at check-in and check out stations, in addition to field checks. Furthermore, this is a requirement for hunters using State wildlife management areas in Alabama. According to State statistics, falling

from tree stands is the leading cause of injuries to hunters in Alabama. Injuries from tree stand accidents could be minimized or prevented by wearing a safety belt or harness. Alabama regulations now require all hunters using a tree stand on wildlife management areas to wear a safety belt or harness. We make no changes to the regulation as a result of this comment.

Comment 6:
A commenter feels that a condition for Bald Knob NWR Arkansas (A6) is overly broad and without reason. Specifically, he/she does not disagree with the requirement for use of only approved nontoxic shot shells for waterfowl hunting, and feels that the proposal to disallow shells in/on vehicles will result in unwarranted searches and seizures and possibly increase the Service's liability.

Response 6:
Bald Knob NWR is both a popular waterfowl hunting refuge and known as one of the best areas for waterfowl hunting in the State. Over the years disputes between hunting parties escalated based on various reasons such as hunting too close together, “sky busting” (shooting birds at long ranges when there is only a small chance of taking a bird), and other problems. The refuge addressed those problems in 2001 by implementing a minimum distance between different hunting groups to be at least 100 yards (90 m). They addressed the “sky busting” issue by implementing the 25 shell possession limit, including in vehicles. This significantly reduced “sky busting” forcing hunters to make better judgments and shots in the field. Consequently, hunters are more peacefully coexisting resulting in a more enjoyable and quality hunt. No major hunter conflicts have arisen since the refuge implemented these rules. The logic behind the wording “including in vehicles” is because hunters would bring 25 shells into the field and once expended, the law enforcement officers would find them returning to their vehicles to get another box of 25. If the officers imposed a limit of 25 shells only in the field, as suggested by the commenter, we are not reducing sky busting because there is potentially an unlimited supply of ammunition available to the hunter in his or her vehicle. By limiting hunters' possession to 25 shells, including in their vehicles, we have eliminated (or nearly so) the problem as evidenced by the few disputes in the past 9 to 10 years.

Finally, on Bald Knob NWR all hunters must possess the refuge brochure, which when signed becomes their refuge hunting permit. Their signature indicates that they have read and understood the refuge hunting regulations and willingly agree to allow law enforcement officers to inspect or search their equipment used during the hunt. We made no changes to the rule as a result of this comment.

Comment 7:
A commenter feels that hunting and fishing age requirements should be consistent throughout the country and points out that Bayou Cocodrie NWR listed a different age threshold for youth hunters than other Louisiana refuges. The commenter also felt that instead of prescribing Federal hunting supervision laws that the refuge should defer to State law.

Response 7:
After submission by the refuge of their regulations, the State proposed an age change for youth hunters. Bayou Cocodrie NWR is effecting that change with this final rule and modifying the age for youth hunters from age 17 and under to age 16 and under. As a general rule, we strive to be consistent with State regulations. As for the comment about supervision of youth hunters and the comparison to other refuges, each refuge manager determines the conduct of a hunt on the individual refuge. They take into consideration such factors as habitat types, endangered species, and public hunting pressure present on their particular refuge. At Bayou Cocodrie NWR, the manager determined that there needs to be a more experienced hunter accompanying and teaching the younger hunter the responsibilities of hunting on the refuge. Other than modifying the age of youth hunters to age 16 and under, we made no changes to the regulation as a result of these comments.

Comment 8:
A commenter, though supportive of expanding hunting on Minnesota Valley National Wildlife Refuge in Minnesota, expressed concern about expansion of hunting on wildlife refuges in general. The commenter expressed that the cumulative impact assessment of each refuge was made available online in a prior stage of this process but is not available online now while the regulation is in its final stages.

Response 8:
We disagree. We posted on
http://www.regulations.gov
a cumulative impacts assessment report of the entire rulemaking (23 pages) on the day the
Federal Register
published the proposed rule, and we simultaneously posted the proposed rule on that Web site. This report addresses a description of the subject and issues involved and assesses the direct, indirect, and cumulative impacts of the proposed hunting activities on hunted populations of migratory birds and resident wildlife, nonhunted migratory and resident wildlife, threatened and endangered species, plant and habitat resources, other wildlife-dependent recreational uses, physical resources (including air, soil and water) cultural resources, refuge facilities, solitude and socioeconomics. We also assessed impacts of the proposed opening and/or expansion of hunting activities on the seven refuges by evaluating Compatibility Determinations prepared by each refuge for their respective hunting programs, and intra-Service consultations on the effects of hunting on endangered and threatened species conducted for each refuge hunting program as required by section 7 of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531
et seq.
).

When contacted by the commenter, he/she did not inquire about the cumulative impacts assessment, but rather about the general process of the rulemaking, including the 2003 Fund for Animals litigation. We explained to the commenter that this rulemaking was a compilation of the changes needed by refuges for this particular season and that the bulk of the economic analysis is done, appropriately, at the field level. We directed the commenter to contact individual refuges if they wished to receive the NEPA documentation created at the refuge level. The commenter did so, received the information that he/she was seeking, and supports the expansion of hunting in Minnesota Valley NWR. The commenter further stated that he/she felt there should be more information available to the public about proposed hunting regulations, specifically the readily available environmental assessment of each refuge. As discussed in the preamble of the rule, the decision to open or expand a refuge is a public process. All elements of that decision, including the hunt plan, compatibility determination, and appropriate NEPA analysis, are the subject of a public review and comment process and are available upon request. The decision to post online individual refuge-specific environmental analyses lies with the refuge manager; however, we will make the suggestion to refuge managers that they do so in the future to facilitate additional public inspection of documents after the appropriate public review process has ended and we have made a decision. We made no changes to this rulemaking as a result of this comment.

Effective Date

This rule is effective upon publication in the
Federal Register
. We have determined that any further delay in implementing these refuge-specific hunting and sport fishing regulations would not be in the public interest, in that a delay would hinder the effective

planning and administration of the hunting and fishing programs. We provided a 30-day public comment period for the September 15, 2010, proposed rule. An additional delay would jeopardize holding the hunting and/or fishing programs this year or shorten their duration and thereby lessen the management effectiveness of this regulation. This rule does not impact the public generally in terms of requiring lead time for compliance. Rather it relieves restrictions in that it allows activities on refuges that we would otherwise prohibit. Therefore, we find good cause under 5 U.S.C. 553(d)(3) to make this rule effective upon publication.

Amendments to Existing Regulations

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 regulations at each refuge, to increase understanding and compliance with these regulations, and to make enforcement of these regulations more efficient. In addition to now finding these regulations in 50 CFR part 32, visitors to our refuges will usually find them 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.

Table 1—Changes for 2010-2011 Hunting/Fishing Season

National Wildlife Refuge
State

Migratory bird
hunting

Upland game
hunting

Big game hunting
Fishing

Modoc
CA
C
Already open
Closed
Already open.

Cape May
NJ
Already open
B
D (turkey)
Already open.

Fort Niobrara
NE
Closed
Closed
B
Already open.

Caddo Lake
TX
Closed
Closed
A
Closed.

Deep Fork
OK
Already open
Already open
C
Already open.

Bosque del Apache
NM
Already open
Already open
D (turkey)
Already open.

Rappahannock River Valley
VA
Closed
Closed
Already open
C.

Minnesota Valley
MN
C/D
C/D
C
Already open.

A = New refuge opened.
B = New activity on a refuge previously opened to other activities.
C = Refuge already open to activity but added new land/waters which increased activity.
D = Refuge already open to activity but added new species to hunt.

The changes for the 2010-11 hunting/fishing season noted in the chart above are each based on a complete administrative record which, among other detailed documentation, also includes a hunt plan, a compatibility determination, and the appropriate NEPA analysis, all of which were the subject of a public review and comment process. These documents are available upon request.

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/waterscience/fish/.

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 Refuge System, using the word “allow” instead of “permit” when we do not require the use of a permit for an activity, and using active voice (
i.e.,
“We restrict entry into the refuge” vs. “Entry into the refuge is restricted”).

Regulatory Planning and Review

The Office of Management and Budget (OMB) has determined that this rule is not significant under Executive Order 12866 (E.O. 12866). OMB bases its determination on the following four criteria:

(a) Whether the rule will have an annual effect of $100 million or more on the economy or adversely affect an economic sector, productivity, jobs, the environment, or other units of the government.

(b) Whether the rule will create inconsistencies with other Federal agencies' actions.

(c) Whether the rule will materially affect entitlements, grants, use fees, loan programs, or the rights and obligations of their recipients.

(d) Whether the rule raises novel legal or policy issues.

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 adds one national wildlife refuge to the list of refuges open to hunting, increases hunting activities on six national wildlife refuges, and increases fishing activities at one national wildlife refuge. As a result, visitor use for wildlife-dependent recreation on these national wildlife refuges will change. If the refuges establishing new programs were a pure addition to the current supply of such activities, it would mean an estimated

increase of 12,330 user days (one person per day participating in a recreational opportunity) (Table 2). Because the participation trend is flat in these activities since 1991, this increase in supply will most likely be offset by other sites losing participants. Therefore, this is likely to be a substitute site for the activity and not necessarily an increase in participation rates for the activity.

Table 2—Estimated Change in Recreation Opportunities in 2010/2011

Refuge

Additional
days

Additional
expenditures

Modoc
130
$13,868

Cape May
1,700
181,356

Fort Niobrara
250
26,670

Caddo Lake
225
24,003

Deep Fork
177
18,882

Bosque del Apache
8
853

Rappahannock River Valley
640
51,510

Minnesota Valley
9,200
981,454

Total
12,330
1,298,596

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. Due to the unavailability of site-specific expenditure data, we use the national estimates from the 2006 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 maximum expected additional participation of the Refuge System yields approximately $1.3 million in recreation-related expenditures (Table 2). By having ripple effects throughout the economy, these direct expenditures are only part of the economic impact of these recreational activities. Using a national impact multiplier for hunting activities (2.67) derived from the report “Economic Importance of Hunting in America” and a national impact multiplier for fishing activities (2.79) derived from the report “Economic Importance of Fishing in America” yields a total economic impact of approximately $3.5 million (2009 dollars) (Southwick Associates, Inc., 2007). 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; therefore, this spending would be offset with a decrease in some other sector of the local economy. The net gain to the local economies would be no more than $3.5 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 about $695,000 annually.

Small businesses within the retail trade industry (such as hotels, gas stations, taxidermy shops, bait and tackle shops, etc.) may be impacted from some increased or decreased refuge visitation. A large percentage of these retail trade establishments in the local communities around national wildlife refuges qualify as small businesses (Table 3). We expect that the incremental recreational changes will be scattered, and so we do not expect that the rule will have a significant economic effect on a substantial number of small entities in any region or nationally. As noted previously, we expect approximately $695,000 to be spent in total in the refuges' local economies. The maximum increase ($3.5 million if all spending were new money) at most would be less than 1 percent for local retail trade spending.

Table 3—Comparative Expenditures for Retail Trade Associated With Additional Refuge Visitation for 2010/2011
[Thousands, 2009 dollars]

Refuge/County(ies)

Retail trade
in 2002
(2009 $)

Estimated
maximum
addition from
new activities

Addition as
% of total

Establishments
in 2007

Establ. with
<10 emp in 2007

Modoc: Modoc, CA
51,719
13.9
0.027
33
22

Cape May: Cape May, NJ
1,649,345
181.4
0.011
746
597

Fort Niobrara: Cherry, NE
80,374
26.7
0.033
44
28

Caddo Lake:

Caddo, LA
3,329,277
6.0
0.000
999
685

Bossier, LA
1,369,032
6.0
0.000
469
201

Harrison, TX
505,210
6.0
0.001
209
160

Marion, TX
63,964
6.0
0.009
38
30

Deep Fork: Okmulgee, OK
302,176
18.9
0.006
128
98

Bosque del Apache:

Bernalillo, NM
9,354,821
0.3
0
2,272
1,512

Socorro, NM
91,494
0.3
0
47
35

Sierra, NM
85,374
0.3
0
563
40

Rappahannock River Valley:

Caroline, VA
306,350
2.6
0.001
64
52

Essex, VA
193,558
24.5
0.013
61
39

Richmond, VA
88,581
24.5
0.028
41
29

Minnesota Valley:

Hennepin MN
20,238,488
245.4
0.001
4,399
2,742

Carver MN
703,601
245.4
0.035
232
142

Scott MN
878,227
245.4
0.028
358
240

Dakota MN
5,787,006
245.4
0.004
1,181
722

This final rule reflects a change for Rappahannock River Valley NWR as being in three different counties in Virginia: Caroline, Essex, and Richmond. The proposed rule incorrectly stated the refuge was located in Northumberland County.

With the small change in overall spending anticipated from this rule, it is unlikely that a substantial number of small entities will have more than a small impact from the spending change 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. Will not have an annual effect on the economy of $100 million or more. The minimal impact will be scattered across the country and will 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 opportunities for Americans. If the substitute sites are farther from the participants' residences, then an increase in travel costs will occur. The Service does not have information to quantify this change in travel cost but assumes that, since most people travel less than 100 miles to hunt, the increased travel cost will be small. We do not expect this rule to affect the supply or demand for hunting opportunities in the United States and, therefore, it should not affect prices for hunting equipment and supplies, or the retailers that sell equipment.

c. Will 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 at national wildlife refuges. 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.

Unfunded Mandates Reform Act

Since this rule applies to public use of federally owned and managed refuges, it will not impose an unfunded mandate on State, local, or Tribal governments or the private sector of more than $100 million per year. The rule will not have a significant or unique effect on State, local, or Tribal governments or the private sector. A statement containing the information required by the Unfunded Mandates Reform Act (2 U.S.C. 1531
et seq.
) is not required.

Takings (E.O. 12630)

In accordance with E.O. 12630, this rule will not have significant takings implications. This regulation affects only visitors at national wildlife refuges and describes what they can do while they are on a refuge.

Federalism (E.O. 13132)

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

Civil Justice Reform (E.O. 12988)

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

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

On May 18, 2001, the President issued E.O. 13211 on regulations that significantly affect energy supply, distribution, and use. E.O. 13211 requires agencies to prepare Statements of Energy Effects when undertaking certain actions. Because this rule increases activities at seven refuges and opens one new refuge, it is not a significant regulatory action under E.O. 12866 and is not expected to significantly affect energy supplies, distribution, and use. Therefore, this action is a not a significant energy action and no Statement of Energy Effects is required.

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

In accordance with E.O. 13175, we have evaluated possible effects on federally recognized Indian tribes and have determined that there are no effects. We coordinate recreational use on national wildlife refuges with Tribal governments having adjoining or overlapping jurisdiction before we propose the regulations.

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 Numbers are 1018-0102 and 1018-0140).
See
50 CFR 25.23 for information concerning that approval. An agency may not conduct or sponsor and a person is not required to respond to a collection of information unless it displays a currently valid OMB control number.

Endangered Species Act Section 7 Consultation

We comply with section 7 of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531
et seq.
), when developing Comprehensive Conservation Plans (CCPs) and step-down management plans (which would include hunting and/or fishing 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 have completed section 7 consultation on each of the affected refuges.

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)), 43 CFR part 46, and 516 Departmental Manual (DM) 8.

A categorical exclusion from NEPA documentation applies to publication of amendments to refuge-specific hunting and fishing regulations since they are technical and procedural in nature, and the environmental effects are too broad, speculative, or conjectural to lend themselves to meaningful analysis (43 CFR 46.210 and 516 DM 8). Concerning the actions that are the subject of this rulemaking, we have complied with NEPA at the project level when developing each proposal. This is consistent with the Department of the Interior instructions for compliance with NEPA where actions are covered sufficiently by an earlier environmental document (516 DM 3.2A).

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 refuge hunting and fishing activities in the refuge CCPs and/or other step-down management plans, pursuant to our refuge planning guidance in 602 Fish and Wildlife Service Manual (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. Copies of all plans and NEPA compliance are available from the refuges at the addresses provided below.

Available Information for Specific Refuges

Individual refuge headquarters have information about public use programs and conditions that apply to their specific programs and maps of their respective areas. To find out how to contact a specific refuge, contact the appropriate Regional offices listed below:

Region 1—Hawaii, Idaho, 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, OR 97232-4181; Telephone (503) 231-6214.

Region 2—Arizona, New Mexico, Oklahoma, and Texas. Regional Chief, National Wildlife Refuge System, U.S. Fish and Wildlife Service, Box 1306, 500 Gold Avenue, Albuquerque, NM 87103; Telephone (505) 248-7419.

Caddo Lake National Wildlife Refuge, P.O. Box 230, Karnack, TX 75661; Telephone (903) 679-9144.

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, MN 55111; Telephone (612) 713-5401.

Region 4—Alabama, Arkansas, Florida, Georgia, Kentucky, Louisiana, Mississippi, North Carolina, South Carolina, Tennessee, Puerto Rico, and the Virgin Islands. Regional Chief, National Wildlife Refuge System, U.S. Fish and Wildlife Service, 1875 Century Boulevard, Atlanta, GA 30345; Telephone (404) 679-7166.

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, MA 01035-9589; Telephone (413) 253-8306.

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, CO 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, AK 99503; Telephone (907) 786-3545.

Region 8—California and Nevada. Regional Chief, National Wildlife Refuge System, U.S. Fish and Wildlife Service, 2800 Cottage Way, Room W-2606, Sacramento, CA 95825; Telephone (916) 414-6464.

Primary Author

Leslie A. Marler, Management Analyst, Division of Conservation Planning and Policy, National Wildlife Refuge System is the primary author of this rulemaking document.

List of Subjects in 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—[AMENDED]

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 Michigan Wetland Management District, in alphabetical order, in the State of Michigan; and
b. Adding Caddo Lake National Wildlife Refuge, in alphabetical order, in the State of Texas.

3. Amend § 32.20 Alabama by:
a. Revising paragraphs B., C., and D. of Choctaw National Wildlife Refuge; and
b. Revising paragraph A.1., adding paragraph A.6., and revising paragraph C.3. of Eufaula National Wildlife Refuge, to read as follows:

§ 32.20
Alabama.

Choctaw National Wildlife Refuge

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

1. We prohibit hunting within 100 yards (90 m) of the fenced-in refuge work center area, hiking trail, and refuge boat ramp.

2. We prohibit marking trees and using flagging tape, reflective tacks, and other similar marking devices.

3. We allow take of incidental species as listed in the refuge hunt permit (signed brochure) during any hunt with those weapons legal during those hunts.

4. Hunters must possess and carry a signed refuge hunt permit (signed brochure) when hunting.

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

6. We prohibit overnight mooring or storage of boats.

7. We require hunters to check all harvested game at the conclusion of each day at one of the refuge check out stations.

8. A hunter may only use approved nontoxic shot (see § 32.2(k)). We restrict hunting weapons to shotguns with shot size no larger than No. 6 or rifles no larger than .22 standard rimfire or legal archery equipment.

9. We prohibit the use of mules, horses, and ATVs.

10. We allow dogs for upland game hunting except in Middle Swamp. We allow dogs only in Middle Swamp the last 2 weeks of upland game season.

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

1. Conditions B1 through B9 apply.

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

3. We prohibit damaging trees or hunting from a tree that contains an inserted metal object (see § 32.2(i)). We require hunters to remove all tree stands and blinds daily (see § 27.93 of this chapter).

4. We prohibit participation in organized drives.

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

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

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

2. With the exception of the refuge boat ramp, we limit access from ½ hour before legal sunrise to
1/2
hour after legal sunset.

3. We allow a rod and reel and pole and line. We prohibit all other methods of fishing.

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

5. We prohibit bow fishing.

6. We prohibit the use of airboats, hovercrafts, and inboard-water-thrust boats such as, but not limited to, personal watercraft, watercycles, and waterbikes.

7. We require a refuge Special Use Permit (FWS Form 3-1383) for commercial fishing. Commercial anglers may use nets, seines, baskets, and boxes legal for use within the State of Alabama.

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

Eufaula National Wildlife Refuge

A. Migratory Bird Hunting.
* * *

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

6. All waterfowl hunting opportunities are spaced-blind and assigned by lottery. Hunters wishing to participate in our waterfowl hunt must submit a Waterfowl Lottery Application (FWS Form 3-2355). Consult the refuge brochure for details.

C. Big Game Hunting.
* * *

3. All youth gun hunting opportunities are spaced-blind and assigned by lottery. Hunters wishing to participate in our youth gun hunt must submit a Big/Upland Game Hunt Application (FWS Form 3-2356). Consult the refuge brochure for details.

4. Amend § 32.22 Arizona by:
a. Revising paragraphs A.2. through A.6., A.10., C.1., and C.2., adding paragraph C.3., and revising paragraphs D.1. and D.3. of Bill Williams River National Wildlife Refuge;
b. Revising the introductory text of paragraph A., and revising paragraphs B. and C.2. of Buenos Aires National Wildlife Refuge; and
c. Removing paragraph B.4. and redesignating paragraph B.5. as B.4. of Imperial National Wildlife Refuge.
The revisions and additions read as follows:

§ 32.22
Arizona.
* * *

Bill Williams River National Wildlife Refuge

A. Migratory Game Bird Hunting.
* * *

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

3. We prohibit hunting within 50 yards (45 m) of any building, road, or levee open to public use.

4. We allow hunting/angling on the refuge only in those areas posted or designated as open. The public hunting area is generally described as south of the Bill Williams Road and east of Arizona State Rt. 95 plus the south half of Section 35, T 11N-R 17W as posted. We close the isolated grow-out cove near the visitor center to fishing as posted.

5. We allow hunting/angling in accordance with State regulations only for the listed species.

6. You may retrieve fish or game from an area closed to hunting or entry only upon specific consent from an authorized refuge employee.

10. All refuge visitors must remove all personal items from the refuge at the end of each day's activity,
i.e.,
boats, equipment, cameras, temporary blinds, stands, etc. (see § 27.93 of this chapter).

C. Big Game Hunting
* * *

1. Conditions A4 through A11 apply.

2. In Arizona Wildlife Management Unit 44A, we allow hunting on the refuge only in those areas south of the Bill Williams River Road and east of Arizona State Rt. 95 plus the south half of Section 35, T 11N-R 17W as posted.

3. In Arizona Wildlife Management Unit 16A, we allow hunting for desert bighorn sheep only in those areas north of the Bill Williams River.

D. Sport Fishing.
* * *

1. Conditions A4 through A11 apply.

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

Buenos Aires National Wildlife Refuge

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

B. Upland Game Hunting.
We allow hunting of rabbit, coyote, and skunk on designated areas of the refuge in accordance with State regulations subject to the following condition: Conditions A1 through A3 apply.

C. Big Game Hunting.
* * *

2. Conditions A1 through A3 apply.

5. Amend § 32.23 Arkansas by:
a. Revising Bald Knob National Wildlife Refuge;
b. Revising paragraphs B., C.1., C.3., C.5., C.8., and C.12., removing paragraph C.13., and revising paragraph D. of Big Lake National Wildlife Refuge;

c. Revising Cache River National Wildlife Refuge;

d. Revising paragraphs A., B., C.1., C.3. through C.9., C.13. through C.15., and D. of Felsenthal National Wildlife Refuge;
e. Removing paragraph B.4., redesignating paragraphs B.5. through B.14. as paragraphs B.4. through B.13., revising newly redesignated paragraphs B.6., B.11., and B.13., and revising paragraphs C.1., C.2., and D.1. of Holla Bend National Wildlife Refuge;
f. Revising the introductory text of paragraph A., revising paragraphs A.1., A.3., A.5., A.7., A.9., A.10., and A.12. through A.17., removing paragraph A.20. and redesignating paragraphs A.21. through A.24. as paragraphs A.20. through A.23., revising the introductory text of paragraph B., revising paragraphs B.1., B.3. through B.5., C.1. through C.5., and C.8. through C.11. of Overflow National Wildlife Refuge;
g. Revising paragraphs A.1., A.3., A.5., A.7., and A.11. through A.18., removing paragraph A.19., redesignating paragraphs A.20. through A.24. as paragraphs A.19. through A.23., and revising paragraphs B., C.2., C.4. through C.8., and C.12. through C.16. of Pond Creek National Wildlife Refuge;
h. Revising paragraph A.1., adding paragraphs A.5. through A.11., revising paragraphs B., C.1., C.2., C.7. through C.9., D.1., and D.5. through D.8., and removing paragraph D.9. of Wapanocca National Wildlife Refuge; and
i. Revising paragraphs A., B.1. through B.4., and B.7., adding paragraphs B.9. through B.11. and revising paragraphs C. and D. of White River National Wildlife Refuge.
The revisions and additions read as follows:

§ 32.23
Arkansas.

Bald Knob National Wildlife Refuge

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

1. We require refuge hunting permits. The permits (found on the front cover of the annual hunt brochure/permit—signature required) are nontransferable, and anyone on refuge land in possession of hunting equipment must sign, possess, and carry the permits at all times.

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

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

4. We allow hunting for woodcock daily throughout the State seasons, except for season closures during the Quota Gun Deer Hunt.

5. We prohibit commercial hunting/guiding.

6. You may possess only approved nontoxic shot shells for hunting while in the field (see § 32.2(k)) in quantities of 25 or less. The possession limit includes shells located in/on vehicles and other personal equipment. The field possession limit for shells does not apply to goose hunting after the closing of the duck season in January.

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

8. You must remove decoys, blinds, boats, and all other equipment (see § 27.93 of this chapter) daily by 1 p.m.

9. Waterfowl hunters may enter the refuge at 4 a.m.

10. Boats with the owner's name and address permanently displayed or valid registration may be left on the refuge from March 1 through October 31. We prohibit the use of boats from 12 p.m. (midnight) to 4 a.m. during duck season.

11. Hunters may use and possess only biodegradable materials to mark trails.

12. We prohibit building or hunting from permanent blinds. We prohibit driving or screwing any metal object into a tree or hunting from a tree in which a metal object has been driven or screwed to support a hunter (see § 32.2(i)).

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

14. We allow use of dogs for migratory game bird hunting.

15. We allow waterfowl hunting from refuge roads and levees.

16. Any hunter born after 1968 must carry a valid hunter education card. An adult at least age 21 must supervise hunters under age 16 who have a valid hunter education card and remain within sight and normal voice contact with the youth. Hunters under age 16 do not need to have a card if they are under the direct supervision (within arm's reach) of an adult (at least age 21) holder of a valid hunting license. An adult may supervise up to two youths for migratory bird and upland game hunting but may supervise only one youth for big game hunting. We will honor home State hunter education cards.

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

18. We allow vehicle use only on established roads and trails (see § 27.31 of this chapter). We limit vehicle access on the Mingo Creek unit to ATV use only, only on marked ATV trails, September 1 through February 28, and only to provide access for hunting beyond Parking Areas. Hunters may use conventional vehicles on the Farm Unit from March 1 through November 14 only. Hunters may only use ATVs from September 1 through February 28 and only to provide access for hunting beyond Parking Areas. We prohibit driving around a locked gate, barrier, or beyond a sign closing a road to vehicular traffic (see § 27.31 of this chapter).

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

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

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

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

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

1. Conditions A1, A5, A10 through A12, and A16 through A22 apply.

2. Hunters may use shotguns only with approved nontoxic shot (see § 32.2(k)) and rifles chambered for rimfire cartridges.

3. We allow squirrel hunting September 1 through February 28 on the Mingo Creek Unit and on the Farm Unit, except for season closure on the Farm Unit during the Quota Gun Deer Hunt. We prohibit dogs, except for the period of December 1 through February 28.

4. We allow rabbit hunting in accordance with the State season on the Mingo Creek Unit and on the Farm Unit, except for season closure on the Farm Unit during the Quota Gun Deer Hunt. We prohibit dogs, except for the period of December 1 through February 28.

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

6. We allow hunting of raccoon and opossum with dogs on all refuge hunt

units. We require dogs for hunting of raccoon/opossum at night. We list annual season dates in the refuge hunting brochure/permit. We prohibit field trials and organized training events.

7. We prohibit the use of horses and mules.

8. Hunters may take beaver, muskrat, nutria, armadillo, feral hog, and coyote during any refuge hunt with the device allowed for that hunt subject to State seasons.

9. We prohibit hunting from refuge roads except by waterfowl hunters.

10. We prohibit hunting from a vehicle.

11. We limit nighttime use to fishing, frogging, and/or raccoon/opossum hunting, and the angler or hunter must possess the appropriate tackle or gear.

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

1. Conditions A1, A5, A10 through A12, A16 through A22, and B8 through B11 apply.

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

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

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

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

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

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

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

9. You may use only shotguns with rifled slugs, muzzleloaders, and legal pistols for modern gun deer hunting.

10. We allow only portable deer stands capable of being carried by a single individual. Hunters may erect stands 7 days prior to the refuge deer season and must remove them from the waterfowl sanctuaries prior to November 15, except for stands used by Quota Gun Deer Hunt permit holders (signature required), which must be removed by the last day of the Quota Gun Deer Hunt. Hunters must remove all stands on the remainder of the refuge within 7 days of the closure of archery season (see § 27.93 of this chapter). Hunters must permanently affix their name and address to their deer stands on the refuge.

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

12. We prohibit the use of dogs.

13. We prohibit the possession or use of buckshot for hunting on all refuge lands.

14. We prohibit hunting from mowed and/or graveled road right-of-ways.

15. Refuge lands are located in State-designated Flood Prone Region B, and we will close them to all deer hunting when the White River Gauge at Augusta reaches 31 feet (9.3 m), as reported by the National Weather Service at
http://www.srh.noaa.gov/data/LZK/RVSLZK
and reopen them when the same gauge reading falls below 30 feet (9.1 m) and the White River Gauge at Georgetown falls to, or below, 19 feet (5.7 m).

16. We allow only Quota Gun Deer Hunt permit holders on the Farm Unit during the Quota Gun Deer Hunt and only for the purposes of deer hunting. We close the refuge to all other entry and public use during the Quota Gun Deer Hunt.

17. We close waterfowl sanctuaries to all entry and hunting from November 15 to February 28 except for Quota Gun Deer Hunt permit holders who may hunt the sanctuary when the season overlaps with these dates.

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

1. Conditions A10, A18 through A21, B11, and C16 apply.

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

3. We prohibit commercial fishing.

4. We prohibit the take or possession of turtles and/or mollusks (see § 27.21 of this chapter).

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

Big Lake National Wildlife Refuge

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

1. We require refuge hunt permits. The permits (found on the front cover of the annual hunt brochure/permit—signature required) are nontransferable and anyone on refuge land in possession of hunting equipment must sign and carry the permit at all times.

2. We provide annual season dates for squirrel, rabbit, raccoon, and opossum hunting in the refuge hunting brochure/permit.

3. We allow take of nutria, beaver, and coyote during any refuge hunt with the device allowed for that hunt subject to State seasons.

4. Any hunter born after 1968 must carry a valid hunter education card. An adult age 21 or older must supervise and remain within sight and normal voice contact with hunters under age 16 who have a valid hunter education card. Hunters under age 16 do not need to have a card if they are under the direct supervision (within arm's reach) of an adult (age 21 or older) holder of a valid hunting license. An adult may supervise up to two youths for upland game hunting but may supervise only one youth for big game hunting. We will honor home State hunter education cards.

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

6. You may take opossum when hunting raccoon.

7. We require dogs for night hunting of raccoon and opossum. We prohibit field trials and organized training events.

8. When hunting, you may only use shotguns with approved nontoxic shot (see § 32.2(k)) and rifles chambered for rimfire cartridges.

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

10. We prohibit hunting from mowed and/or gravel road right-of-ways.

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

12. We prohibit horses and mules.

13. We limit nighttime use to fishing, frogging, and/or raccoon/opossum hunting, and the angler or hunter must possess the appropriate tackle or gear.

14. We prohibit driving around a locked gate, barrier, or beyond a sign

closing a road to vehicular traffic (see § 27.31 of this chapter).

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

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

C. Big Game Hunting.
* * *

1. Conditions B1, B3 through B5, and B9 through B16 apply.

3. Hunters may use only bows or crossbows.

5. Hunters may possess or use only biodegradable materials to mark trails.

8. We allow only portable deer stands capable of being carried by a single individual. Hunters may erect stands 7 days prior to the refuge deer season and must remove them within 7 days of the closure of archery season (see § 27.93 of this chapter). Hunters must permanently affix their name and address to their deer stands on the refuge.

12. Hunters may enter the refuge no earlier than 4 a.m.

D. Sport Fishing.
We allow fishing and frogging on designated areas of the refuge subject to the following conditions:

1. Conditions B9, B11 through B14, and B16 apply.

2. Anglers may launch boats only in designated areas.

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

4. We allow frogging from the beginning of the State frogging season through October 31.

5. We allow the take of largemouth bass in accordance with State regulations.

6. We prohibit the take or possession of turtles and/or mollusks (see § 27.21 of this chapter).

7. We require a Special Use Permit (FWS Form 3-1383) for all commercial fishing activities on the refuge.

Cache River National Wildlife Refuge

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

1. We require refuge hunting permits. These permits (found on the front cover of the annual hunt brochure/permit—signature required) are nontransferable, and anyone on the refuge in possession of hunting equipment must sign and carry the permit at all times.

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

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

4. We allow hunting for woodcock daily throughout the State seasons except for season closures during the Quota Gun Deer Hunt.

5. We prohibit commercial hunting and/or guiding.

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

7. You must remove decoys, blinds, boats, and all other equipment (see § 27.93 of this chapter) daily by 1 p.m.

8. Waterfowl hunters may enter the refuge at 4 a.m.

9. Boats with the owner's name and address permanently displayed or valid registration may be left on the refuge from March 1 through October 31. We prohibit boats on the refuge from 12 p.m. (midnight) to 4 a.m. during duck season.

10. Hunters may possess or use only biodegradable materials to mark trails.

11. We prohibit building or hunting from permanent blinds. We prohibit driving or screwing any metal object into a tree or hunting from a tree in which a metal object has been driven or screwed to support a hunter (see § 32.2(i)).

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

13. We allow use of dogs for migratory game bird hunting.

14. We allow waterfowl hunting on flooded refuge roads.

15. Any hunter born after 1968 must carry a valid hunter education card. An adult at least age 21 must supervise and remain within sight and normal voice contact with hunters younger than age 16 who have a valid hunter education card. Hunters younger than age 16 do not need to have a card if they are under the direct supervision (within arm's reach) of a holder of a valid hunting license of at least age 21. An adult may supervise up to two youths for migratory bird and upland game hunting but may supervise only one youth for big game hunting. We will honor home State hunter education cards.

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

17. We prohibit ATVs except from September 1 through February 28, on designated roads, trails, or established parking areas, and only to provide access for hunting. We prohibit driving around a locked gate, barrier, or beyond a sign closing a road to vehicular traffic (see § 27.31 of this chapter).

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

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

20. We close all other hunts during the Quota Gun Deer Hunt. We allow only Quota Gun Deer Hunt permit (signature only required) holders to enter the refuge during this hunt and only for the purpose of deer hunting.

21. We prohibit airboats, hovercraft, and personal watercraft (Jet Ski, etc.) (see § 27.31 of this chapter).

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

1. Conditions A1, A5, A9 through A11, and A15 through A21 apply.

2. We allow squirrel hunting September 1 through February 28 on all refuge hunt units except for refuge-wide season closure during the Quota Gun Deer Hunt. We prohibit dogs, except during the period December 1 through February 28.

3. Rabbit season corresponds with the State season on all refuge hunt units except for refuge-wide season closure during the Quota Gun Deer Hunt. We prohibit dogs except during the period December 1 through February 28.

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

5. We allow hunting of raccoon and opossum with dogs on all refuge hunt units. We require dogs for hunting of raccoon/opossum at night. We provide annual season dates in the refuge hunting brochure/permit. We prohibit field trials and organized training events.

6. We prohibit horses and mules.

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

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

9. We prohibit hunting from a vehicle.

10. You may use only shotguns with approved nontoxic shot (see § 32.2(k)) and rifles chambered for rimfire cartridges when hunting.

11. We limit nighttime use to fishing, frogging, and/or raccoon/opossum hunting, and the angler or hunter must possess appropriate tackle or gear.

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

1. Conditions A1, A5, A9 through A11, A15 through A21, B6 through B9, and B11 apply.

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

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

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

5. Modern gun deer hunting will begin in November and continue for a period of up to 11 days in all hunting units with annual season dates and bag limits provided on the hunt brochure/permit.

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

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

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

9. Hunters may only use shotguns with rifled slugs, muzzleloaders, or legal pistols for modern gun deer hunting on the Dixie Farm Unit Waterfowl Sanctuary, adjacent waterfowl hunt area, and the Plunkett Farm Unit Waterfowl Sanctuary.

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

11. We prohibit use of a vehicle as a deer stand.

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

13. Hunters may erect stands 7 days prior to the refuge deer season and must remove them from the waterfowl sanctuaries prior to November 15, and from the rest of the refuge within 7 days of the closure of archery season (see § 27.93 of this chapter).

14. We prohibit the use of dogs.

15. We prohibit the possession or use of buckshot for hunting on all refuge lands.

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

17. We will close refuge lands located in State-designated Flood Prone Region B to all deer hunting when the White River gauge at Augusta reaches 31 feet (9.3 m), as reported by the National Weather Service at
http://www.srh.noaa.gov/data/LZK/RVSLZK
and reopen them when the same gauge reading falls below 30 feet (9.1 m) and the White River gauge at Georgetown falls to, or below, 19 feet (5.7 m).

18. We will close refuge lands located in State-designated Flood Prone Region C to all deer hunting when the Cache River gauge at Patterson exceeds 10 feet (3 m), as reported by the National Weather Service at
http://www.srh.noaa.gov/data/LZK/RVSLZK
and reopen them when the same gauge reading falls below 8.5 feet (2.6 m).

19. We will close refuge lands located in Flood Prone Region D to all deer and turkey hunting when the White River gauge at Clarendon reaches 28 feet (8.4 m), as reported by the National Weather Service at
http://www.srh.noaa.gov/data/LZK/RVSLZK
and reopen them when the same gauge reading falls to, or below, 27 feet (8.1 m).

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 A9, A17, A19, A21, and B11 apply.

2. We close waterfowl sanctuaries to all entrance and fishing/frogging from November 15 to February 28. We prohibit refuge-wide entry and fishing during the Quota Gun Deer Hunt.

3. We require a Special Use Permit (FWS Form 3-1383) for all commercial fishing activities on the refuge.

4. We prohibit the take or possession of turtles and/or mollusks (see § 27.21 of this chapter).

5. We prohibit the mooring of houseboats to refuge property.

Felsenthal National Wildlife Refuge

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

1. We allow hunting of duck, goose, and coot during the State waterfowl season except during scheduled quota refuge Gun Deer Hunts.

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

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

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

5. We close areas of the refuge posted with “Area Closed” signs and identify them on the refuge hunt brochure map as a waterfowl sanctuary. Waterfowl sanctuaries are closed to all public entry and public use during waterfowl hunting season.

6. No person will utilize the services of a guide, guide service, outfitter, club, organization, or other person who provides equipment, services, or assistance on Refuge System lands for compensation. Failure to comply with this provision subjects each hunter in the party to a fine if convicted of this violation.

7. Hunters must possess and carry a signed refuge hunt brochure permit while hunting. These hunt brochure permits are available at the refuge office, brochure dispensers at multiple locations throughout the refuge, and area businesses.

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

9. We prohibit marking trails with tape, ribbon, paint, or any other

substance other than biodegradable paper flagging, reflective twist ties, or reflective tacks (see § 27.93 of this chapter).

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.

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

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

13. We allow only all-terrain vehicles/utility-type vehicles (ATVs/UTVs) for hunting and fishing activities. We restrict ATVs/UTVs 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/UTVs to those having an engine displacement size not exceeding 700cc. We limit ATV/UTV tires to those having a centerline lug depth not exceeding 1 inch (2.5 cm). You may use horses on roads and ATV/UTV trails (when open to motor vehicle and ATV/UTV traffic respectively) as a mode of transportation for on-refuge, hunting and fishing activities.

14. We prohibit hunting within 150 feet (45 m) of roads and trails open to motor vehicle use (including ATV/UTV trails).

15. We prohibit target practice with any firearm, archery tackle, or crossbow or any nonhunting discharge of firearms (see § 27.42 of this chapter).

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

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

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

19. We allow the use of retriever dogs.

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.
We allow hunting of quail, squirrel, rabbit, and furbearers (as defined by State law) on designated areas of the refuge in accordance with State regulations subject to the following conditions:

1. Conditions A4 through A18 and A20 apply.

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

3. We do not open for spring squirrel hunting season, summer/early fall raccoon hunting season, or spring bobcat hunting season.

4. We prohibit possession of lead ammunition except that you may use rimfire rifle lead ammunition no larger than .22 caliber for upland game hunting. We prohibit possession of shot larger than that legal for waterfowl hunting. During the deer and turkey hunts, hunters may use lead ammunition legal for taking deer and turkey. We prohibit buckshot for gun deer hunting.

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

C. Big Game Hunting.
* * *

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

3. We close archery deer hunting during the quota gun deer hunts.

4. The refuge will conduct no more than two muzzleloader deer hunts and no more than four quota modern gun deer hunts.

5. We restrict hunt participants for quota hunts to those drawn for a quota permit (Big/Upland Game Hunt Application; FWS Form 3-2356). The permits are nontransferable and permit fees are nonrefundable. If conditions prevent the hunts from occurring, there will not be any refunds or permits carried over from year to year. Hunt dates and application procedures will be available at the refuge office in July.

6. The muzzleloader and modern gun deer hunt bag limit is two deer with no more than one buck on each hunt.

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

8. You may only use portable deer stands erected no earlier than 2 days before the opening of the State deer season and you must remove them no later than February 2 each year (see § 27.93 of this chapter).

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

13. The refuge will conduct no more than three quota permit spring turkey gun hunts. Specific hunt dates and application procedures will be available at the refuge office in January. We restrict hunt participants to those selected for a quota permit, except that one nonhunting adult age 21 or older possessing a valid hunting license must accompany the youth hunter age 15 and younger.

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

15. We prohibit leaving any tree stand, ground blind, boat, or game camera on the refuge without the owner's name and address clearly written in a conspicuous location.

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

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

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

3. We allow fishing only in areas accessible from the Oauchita and Saline Rivers and Eagle, Jones, and Pereogeethe Lakes during the refuge quota gun hunts.

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

5. 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 § 32.5(c)).

Holla Bend National Wildlife Refuge

B. Upland Game Hunting.
* * *

6. We allow ATVs only for hunters with disabilities. We require a refuge ATV permit (Special Use Permit; FWS Form 3-1383) issued by the refuge manager.

11. We prohibit hunting within 150 feet (45 m) of roads open to motor vehicle use and nature trails.

13. We allow the use of nonmotorized boats during the refuge fishing/boating season (March 1 to October 31), but we prohibit hunters leaving boats on the refuge overnight (see § 27.93 of this chapter).

C. Big Game Hunting.
* * *

1. Conditions B1 and B4 through B13 apply.

2. We allow archery/crossbow hunting for white-tailed deer. We provide annual season dates in the hunt brochure/permit (name, address, signature required).

D. Sport Fishing.
* * *

1. Conditions B6, B7, and B9 apply.

Overflow National Wildlife Refuge

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

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

3. We allow only portable blinds. Hunters must remove portable blinds, boats, and decoys from the hunt area by 1:30 p.m. each day (see § 27.93 of this chapter). Exception: Hunters may store boats in designated areas identified on refuge brochure.

5. We close areas of the refuge by posting “Area Closed” signs and identifying them on the refuge hunt brochure map as Sanctuary and closed to all public entry and public use. Exception: We open the area identified as North Sanctuary on refuge hunt brochure map to all authorized public use activities from 2 days prior to opening of deer archery season through October 31. We close the South Waterfowl Sanctuary from December 1 until the end of waterfowl season.

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

9. We prohibit marking trails with tape, ribbon, paint, or any other substance other than biodegradable paper flagging, reflective twist ties, or reflective tacks (see § 27.93 of this chapter).

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 and roadways.

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

13. We allow only all-terrain vehicles/utility-type vehicles (ATVs/UTVs) for hunting activities. We restrict ATVs/UTVs 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/UTVs to those having an engine displacement size not exceeding 700cc. We limit ATV/UTV tires to those having a centerline lug depth not exceeding 1 inch (2.5 cm). You may use horses on roads and ATV/UTV trails (when open to motor vehicle and ATV/UTV traffic respectively) as a mode of transportation for on-refuge, hunting activities. You may use ATVs/UTVs on unmarked roads and levees in the North Sanctuary beginning 2 days prior to the opening of deer archery season through October 31.

14. We prohibit hunting within 150 feet (45 m) of roads and trails open to motor vehicle use (including ATV/UTV trails).

15. We prohibit target practice with any firearm, archery tackle, or crossbow or any nonhunting discharge of firearms (see § 27.42 of this chapter).

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

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

B. Upland Game Hunting.
We allow hunting of quail, squirrel, rabbit, and furbearers (as defined by State law) on designated areas of the refuge in accordance with State regulations subject to the following conditions:

1. Conditions A4 through A17, and A19 apply.

3. We do not open for the spring squirrel hunting season, summer/fall raccoon hunting season, or the spring bobcat hunting season.

4. When upland game hunting, we prohibit possession of lead ammunition except that you may use rimfire rifle lead ammunition no larger than .22 caliber. We prohibit possession of shot larger than that legal for waterfowl hunting. During the deer and turkey hunts, we allow use of lead ammunition legal for taking deer and turkey. We prohibit buckshot for gun deer hunting.

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

C. Big Game Hunting.
* * *

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

2. We allow muzzleloader deer hunting during the first State muzzleloader season for this zone (see State regulations for appropriate zone).

3. Bag limit for the muzzleloader deer hunt is two deer, with no more than one buck.

4. You may use only portable deer stands erected no earlier than 2 days before the opening of the State deer season, and you must remove them no later than February 2 each year (see § 27.93 of this chapter).

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

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

9. We do not open for the gun deer season or the second (and December) muzzleloader deer season.

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

11. We prohibit leaving any tree stand, ground blind, boat, or game

camera on the refuge without the owner's name and address clearly written in a conspicuous location.

Pond Creek National Wildlife Refuge

A. Migratory Game Bird Hunting.
* * *

1. We allow hunting of migratory game birds during the State waterfowl seasons, except we close during scheduled quota refuge gun deer hunts.

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

5. You must possess and carry a signed refuge hunt brochure permit while hunting. These hunt brochure permits are available at the refuge office, brochure dispensers at multiple locations throughout the refuge, and area businesses.

7. We prohibit marking trails with tape, ribbon, paint, or any other substance other than biodegradable paper flagging, reflective twist ties, or reflective tacks (see § 27.93 of this chapter).

11. We allow only all-terrain vehicles/utility-type vehicles (ATVs/UTVs) for hunting and fishing activities. We restrict ATVs/UTVs 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/UTVs to those having an engine displacement size not exceeding 700cc and a total width not to exceed 63 inches (160.02 cm). We limit ATV/UTV tires to those having a centerline lug depth not exceeding 1 inch (2.5 cm). You may use horses on roads and ATV/UTV trails (when open to motor vehicle and ATV/UTV traffic respectively) as a mode of transportation for on-refuge, hunting and fishing activities.

12. We prohibit hunting within 150 feet (45 m) of roads and trails open to motor vehicle use (including ATV/UTV trails).

13. We prohibit target practice with any firearm, archery tackle, or crossbow or any nonhunting discharge of firearms (see § 27.42 of this chapter).

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

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

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

17. We allow the use of retriever dogs.

18. 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.
We allow hunting of squirrel, rabbit, and furbearers (as defined by State law) on designated areas of the refuge in accordance with State regulations subject to the following conditions:

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

2. We do not open to spring squirrel hunting season, summer/early fall raccoon hunting season, or the spring bobcat hunting season.

3. Conditions A4 through A16, and A18 apply.

4. We prohibit possession of lead ammunition when hunting, except that you may use rimfire rifle lead ammunition no larger than .22 caliber for upland game hunting. We prohibit possession of shot larger than that legal for waterfowl hunting. During the deer and turkey hunts, we allow use of lead ammunition legal for taking deer and turkey. We prohibit buckshot for gun deer hunting.

5. You may use dogs for squirrel, rabbit, raccoon, and opossum hunting from the opening of furbearer (as defined by State law) hunting season through January 31. At other times you must keep dogs and other pets on a leash or confined (see § 26.21(b) of this chapter).

C. Big Game Hunting.
* * *

2. Conditions A4 through A9, A11 through A16, and A18 apply.

4. We allow muzzleloader deer hunting during the early State muzzleloader season for this deer management zone. The bag limit for the refuge muzzleloader hunt is two deer, with no more than one buck.

5. The refuge will conduct no more than three quota gun deer hunts.

6. We restrict hunt participants for quota hunts to those drawn for a quota permit. These permits are nontransferable and permit fees are nonrefundable. If conditions prevent the hunts from taking place, there will be no refunds or permits carried over from year to year. Hunt dates and application procedures will be available at the refuge office in July.

7. The quota Gun Deer Hunt bag limit is two deer, with no more than one buck (one buck and one doe).

8. You must check all deer at the refuge deer check station on the same day of kill. You must keep carcasses of deer taken intact (you may field dress) until checked.

12. You may use only portable deer stands erected no sooner than 2 days before the opening of the State deer season, and you must remove them no later than February 2 each year (see § 27.93 of this chapter).

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

14. The refuge will conduct no more than two quota permit spring turkey gun hunts. Specific hunt dates and application procedures will be available at the refuge office in January. We restrict hunt participants on these hunts to those selected for a quota permit, except that one nonhunting adult age 21 or older and possessing a valid hunting license must accompany a youth hunter.

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

16. We prohibit leaving any tree stand, ground blind, boat, or game camera on the refuge without the owner's name and address clearly written in a conspicuous location.

Wapanocca National Wildlife Refuge

A. Migratory Game Bird Hunting.
* * *

1. We require refuge hunting permits. The permits (found on the front cover of the annual hunt brochure/permit—signature required) are nontransferable and anyone on refuge land in possession

of hunting equipment must sign and carry them at all times.

5. Hunters may enter the refuge at 4 a.m.

6. We prohibit ATVs.

7. Any hunter born after 1968 must carry a valid hunter education card. An adult age 21 or older must supervise hunters younger than age 16 who have a valid hunter education card and remain within sight and normal voice contact with the adult. Hunters younger than age 16 do not need to have a card if they are under the direct supervision (within arm's reach) of a holder of a valid hunting license of at least age 21. An adult may supervise up to two youths for migratory bird and upland game hunting but may supervise only one youth for big game hunting. We honor home State hunter education cards.

8. Hunters may possess or use only biodegradable materials to mark trails (see § 27.93 of this chapter).

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

10. We prohibit driving around a locked gate, barrier, or beyond a sign closing a road to vehicular traffic (see § 27.31 of this chapter).

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

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

1. Conditions A1 and A3 through A11 apply.

2. You may use only shotguns with approved nontoxic shot (see § 32.2(k)) and rifles chambered for rimfire cartridges when hunting.

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

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

5. We require dogs for night hunting of raccoon/opossum. We prohibit field trials and organized training events.

6. We prohibit horses and mules.

7. We limit nighttime use to raccoon/opossum hunting and the hunters must possess appropriate gear.

8. We close all other hunts during the Quota Gun Deer Hunt. We allow only Quota Gun Deer Hunt permit (signature only required) holders to enter the refuge during this hunt and only for the purpose of deer hunting.

C. Big Game Hunting.
* * *

1. Conditions A1, A3 through A11, and B4 through B8 apply.

2. We prohibit hunting from mowed and/or graveled road right-of-ways.

7. We only allow portable deer stands capable of being carried by a single individual. Hunters may erect stands 7 days prior to the refuge deer season and must remove them from the waterfowl sanctuaries by December 1. Hunters must remove all stands on the remainder of the refuge within 7 days of the closure of archery season (see § 27.93 of this chapter). You must permanently affix the owner's name and address on stands left on the refuge.

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

9. We prohibit the possession or use of buckshot for hunting on all refuge lands.

D. Sport Fishing.
* * *

1. Conditions A4, A6, A10, B6, and B7 apply. We allow fishing from March 15 through October 31 from
1/2
hour before legal sunrise to
1/2
hour after legal sunset.

5. We allow bank fishing.

6. We prohibit the take or possession of frogs, mollusks, and/or turtles (see § 27.21 of this chapter).

7. Anglers may launch boats only in designated areas.

8. Anglers must remove all boats daily from the refuge (see § 27.93 of this chapter). We prohibit airboats, personal watercraft, and hovercraft.

White River 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 all refuge users to sign and possess a refuge user brochure/permit (signature required).

2. We allow duck hunting from legal shooting hours until 12 p.m. (noon).

3. We allow retriever dogs for migratory game bird hunting.

4. You must remove blinds, blind material, and decoys (see § 27.93 of this chapter) from the refuge by 1 p.m. each day.

5. You may take duck and coot during the State season in designated areas.

6. North Unit waterfowl season and youth waterfowl hunts are concurrent with State season dates.

7. We restrict the South Unit waterfowl season to the Jack's Bay hunt area as indicated in the refuge user brochure/permit. We open to hunting every Tuesday, Thursday, Saturday, and Sunday of the concurrent State season dates, including State youth waterfowl hunt dates.

8. Waterfowl hunters may enter and access the refuge no earlier than 4 a.m.

9. We prohibit boating December 1 through January 31 in the South Unit Waterfowl Hunt Area, except from 4 am to 1 pm on designated waterfowl hunt days.

10. We prohibit marking trails with materials other than biodegradable paper flagging or reflective tape/tacks (see § 27.93 of this chapter).

11. We prohibit use and/or possession of alcoholic beverages while hunting (see § 32.2(j)) or open alcohol containers on refuge roads, ATV trails, and parking areas.

12. We prohibit cutting of holes in or other manipulation of vegetation or hunting in such areas (see § 27.51 of this chapter).

13. We prohibit waterfowl hunting on Kansas Lake Area (indicated in refuge user brochure/permit).

14. We prohibit loaded hunting weapons in or on a vehicle, ATV, or boat while under power (see § 27.42(b) of this chapter). We define “loaded” as shells in the gun or ignition device on a muzzleloader.

15. We allow duck hunting on specific scattered tracts of land, in accordance with the North Unit regulations. Consult the refuge office for further information.

16. We only allow ATVs for wildlife-dependent hunting and fishing activities. We restrict ATVs to designated yellow-marked trails throughout the refuge, unless marked otherwise. We prohibit the use of ATVs after December 15 each year in designated South Unit areas as shown in refuge user brochure/permit. We define ATV as an off-road vehicle with factory specifications not to exceed the following: A maximum dry weight of 1,550 lbs (697.5 kg), tires having a centerline lug depth of one inch (2.5 cm) or less and a maximum tire pressure of 15 psi as indicated on the tire by the manufacturer. We allow only those vehicles originally designed by their manufacturer to be ATVs; we prohibit mini trucks or other modified off-road vehicles.

17. We require hunters born after 1968 to carry a valid hunter education card. We do not require hunters under age 16 to have a hunter education card while under direct supervision (within arms reach) of a holder of a valid hunting license and at least age 21. Youth hunters under age 16 must remain within sight and normal voice

contact of an adult age 21 or older, possessing a valid hunting license. An adult may supervise only one youth for big game hunting but may supervise up to two youths for waterfowl and small game hunting.

18. We allow take of beaver, nutria, coyote, and feral hog incidental to any daytime refuge hunt with weapons authorized for that hunt. We prohibit take of beaver, nutria, and feral hog with the aid of dogs or after the hunter has taken the daily bag limit for that hunt.

19. No person, including but not limited to, a guide, guide service, outfitter, club, or other organization, will provide assistance, services, or equipment on the refuge to any other person for compensation unless such guide, guide service, outfitter, club, or organization has obtained a Special Use Permit (FWS Form 3-1383) from the refuge. For purposes of this regulation, we will consider any fees or services rendered to a person for lodging, meals, club membership, or similar services as compensation.

20. We prohibit hunting, taking, possessing, or attempting to take wildlife with a guide, guide service, outfitter, club, or organization providing assistance, service, or equipment that does not possess and carry the required refuge Special Use Permit (FWS Form 3-1383).

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

22. We allow refuge users to leave ATVs and boats 16 feet (4.8 m) or less in length unattended overnight as long as the owner clearly displays their complete name and physical address.

23. We prohibit all access in the Demonstration and Dry Lake Waterfowl Rest Areas as indicated in the refuge brochure/permit.

24. We require a refuge Special Use Permit (FWS Form 3-1383) for all commercial use activities including, but not limited to, fishing, trapping, timber management, or collecting acorns.

25. We prohibit hovercraft, personal watercraft (
e.g.,
jet skis, wetbike, etc.) and airboats.

26. You must adhere to all public use special conditions and regulations on the annual refuge user brochure/permit.

B. Upland Game Hunting.
* * *

1. Conditions A1, A9, A10, A11, A12, A14, and A16 through A26 apply.

2. You may hunt rabbit and squirrel on the North Unit from opening day of the State squirrel season from September 1 until February 28.

3. We allow dogs for hunting of rabbit and squirrel December 15 through February 28 on the North Unit.

4. You may hunt rabbit and squirrel on the South Unit from September 1 until November 30.

7. We close all upland game hunts during quota Gun Deer Hunt and quota Muzzleloader Deer Hunt.

9. We allow furbearer (as defined by State law) hunting in accordance with season dates posted in the refuge user brochure/permit. We only allow furbearer hunting with rimfire weapons and shotguns.

10. We allow the use of dogs and horses for hunting furbearers from legal sunset to legal sunrise. All dogs and horses used for furbearer hunting must be tethered or penned from legal sunrise to legal sunset and any time not involved in actual hunting.

11. We allow upland game hunting on specific scattered tracts of land, in accordance with State-wide regulations.

C. Big Game Hunting.
We allow the 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, A9, A10, A11, A12, A14, and A16 through A26 apply.

2. Archery deer and turkey seasons on the North Unit are from the beginning of the State archery season until the end of January except for refuge-wide season closure during quota muzzleloader and quota gun deer hunts. We provide annual season dates and bag limits in the refuge user brochure/permit.

3. Archery deer and turkey seasons on the South Unit are from the beginning of the State archery season until the end of December except for refuge-wide season closure during quota muzzleloader and quota gun deer hunts. We provide annual season dates and bag limits in the refuge user brochure/permit.

4. Muzzleloader season for deer will begin in October and will continue for a period of up to 3 days of quota hunting and 4 days of nonquota hunting in the North and/or South Units with annual season dates and bag limits provided in the annual refuge user brochure/permit.

5. Gun deer hunt will begin in November and will continue for a period of up to 8 days of quota hunting and 4 days of nonquota hunting in the North and/or South Units with annual season dates, bag limits, and areas provided in the annual refuge user brochure/permit.

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

7. We do not open for the bear season on all refuge-owned lands, including out-tracts and refuge lands in the Trusten Holder Wildlife Management Area.

8. If you harvest deer or turkey on the refuge, you must immediately record the zone number (Zone 660 South Unit and Zone 661 North Unit) on your hunting license and later check deer and/or turkey through State phone or on-line checking system.

9. We close the refuge to all nonquota hunting during refuge-wide quota muzzleloader and quota gun deer hunts.

10. We close refuge lands on the North Unit to all deer and turkey hunting when the White River gauge at St. Charles (station no. 53) reaches 23 feet (7 m) as reported by the following Web site:
http://www.srh.noaa.gov/lzk/html/whitervr.htm.
The season will reopen when the gauge reading reaches 21 feet (6 m) as reported by the same Web site.

11. We close refuge lands on the South Unit to all deer hunting and fall turkey hunting when the White River gauge reading at St. Charles (station no. 53) reaches 23 feet (7 m) and the gauge at Lock and Dam #1 (station no. 55) reaches 145 feet (msl) (43.5 m) simultaneously as reported by the following Web site:
http://www.srh.noaa.gov/lzk/html/whitervr.htm.
The season will reopen when the same gauge readings reach 21 feet (6 m) and 143 feet msl (mean sea level) (43 m), respectively.

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

13. We prohibit the use of dogs and/or horses other than specified in the refuge user permit.

14. We prohibit all forms of organized deer drives.

15. We prohibit firearm hunting from or across roads, ATV trails, levees, and maintained utility rights-of-way for deer only.

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

17. You may only use portable deer stands (see § 27.93 of this chapter). You may erect stands up to 7 days before

each hunt, but you must remove them within 7 days after each hunt. All unattended deer stands on the

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A2011-225. Public record. Not legal advice.