# 2018-2019 Refuge-Specific Hunting and Sport Fishing Regulations

> Briefs, arguments, decisions, and more.

URL: https://www.frixlaw.com/law-library/documents/fr%3A2018-19173

## Record

- **Collection:** Federal Register
- **Document type:** Rule
- **Published:** September 10, 2018
- **Citation:** 83 FR 45758

## Text

DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 32
[Docket No. FWS-HQ-NWRS-2018-0020; FXRS12610900000-189-FF09R20000]
RIN 1018-BC07
2018-2019 Refuge-Specific Hunting and Sport Fishing Regulations

AGENCY:

Fish and Wildlife Service, Interior.

ACTION:

Final rule.

SUMMARY:

We, the U.S. Fish and Wildlife Service, open 3 National Wildlife Refuges (NWRs, or refuges) to hunting, open 1 NWR to sport fishing, increase the hunting activities available at 26 NWRs, increase sport fishing activities at 4 NWRs, and add pertinent refuge-specific regulations for other NWRs that pertain to migratory game bird hunting, upland game hunting, big game hunting, and sport fishing for the 2018-2019 season. Through these openings and expansions, we open or expand an additional 251,000 acres to hunting and sport fishing within the Refuge System resulting in an estimated increase of 17,575 user days yielding approximately $711,000 in recreation-related expenditures. By having ripple effects throughout the economy, these direct expenditures yield a total economic impact of approximately $1.6 million.

DATES:

This rule is effective September 10, 2018.

FOR FURTHER INFORMATION CONTACT:

Katherine Harrigan, (703) 358-2440.

SUPPLEMENTARY INFORMATION:

The National Wildlife Refuge System Administration Act of 1966 closes NWRs 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 the use is compatible with the purposes of the refuge and National Wildlife Refuge System mission. The action also must be in accordance with provisions of all laws applicable to the areas, developed in coordination with the appropriate State fish and wildlife agency(ies), consistent with the principles of sound fish and wildlife management and administration, and otherwise in the public interest. These requirements ensure that we maintain the biological integrity, diversity, and environmental health of the Refuge System for the benefit of present and future generations of Americans.

We annually review refuge hunting and sport fishing programs to determine whether to include additional refuges or whether individual refuge regulations governing existing programs need modifications. 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 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 may 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.

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, similar to organic acts 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 step-down management plans, and by annual review of hunting and sport fishing programs and regulations.

Summary of Comments and Responses

On May 29, 2018, we published a proposed rule in the
Federal Register
(83 FR 24598) to open 3 refuges to hunting, increase the hunting activities available at 26 refuges, open 1 refuge to sport fishing, increase the fishing activities at 4 refuges, and add pertinent refuge-specific regulations for other refuges that pertain to migratory game bird hunting, upland game hunting, big game hunting, and sport fishing for the 2018-2019 season. We accepted public comments on the proposed rule for 30 days, ending June 28, 2018. By that date, we received 504 comments. Of those, eight comments concerned hunting on National Park Service land in Alaska, pollution in China, and management actions on refuges, which are not the subject of our proposed rule. Therefore, we do not consider them below. We discuss the other 496 comments we received below by topic.

Comment (1):
Many commenters expressed general opposition to any hunting or fishing in the National Wildlife Refuge System (NWRS, or Refuge System). In many cases, commenters stated that hunting was antithetical to the purposes of a “refuge,” which, in their opinion, should serve as an inviolate sanctuary for all wildlife. One of these comments specifically opposed hunting at Trempealeau NWR in Wisconsin, and three commenters opposed hunting at Panther Swamp NWR in Mississippi.

Our Response:
The Administration Act, as amended, 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 Service has adopted policies and regulations implementing the requirements of the Administration Act that refuge managers comply with when considering hunting and fishing programs.

We allow hunting of resident wildlife on NWRs only if such activity has been determined compatible with the established purpose(s) of the refuge and the mission of the Refuge System as required by the Administration Act. Hunting of resident wildlife on NWRs generally occurs consistent with State regulations, including seasons and bag limits. Refuge-specific hunting regulations can be more restrictive (but not more liberal) than State regulations and often are more restrictive in order to help meet specific refuge objectives. These objectives include resident wildlife population and habitat objectives, minimizing disturbance impacts to wildlife, maintaining high-quality opportunities for hunting and other wildlife-dependent recreation, eliminating or minimizing conflicts with other public uses and/or refuge management activities, and protecting public safety.

Each refuge manager makes a decision regarding hunting on that particular refuge only after rigorous examination of the available information. Developing or referencing a comprehensive conservation plan (CCP), a 15-year plan for the refuge, is generally the first step a refuge manager takes. Our policy for managing units of the NWRS is that we will manage all refuges in accordance with an approved CCP, which, when implemented, will achieve refuge purposes; help fulfill the Refuge System mission; maintain and, where appropriate, restore the ecological integrity of each refuge and the Refuge System; help achieve the goals of the National Wilderness Preservation System; and meet other mandates. The CCP will guide management decisions and set forth goals, objectives, and strategies to accomplish these ends. The next step for refuge managers is developing or referencing step-down plans, of which a hunting plan would be one. Part of the process for opening a refuge to hunting after completing the step-down plan would be appropriate compliance with the National Environmental Policy Act (NEPA; 42 U.S.C. 4321
et seq.
), such as conducting an environmental assessment accompanied by the appropriate decision documentation (record of decision, finding of no significant impact, or environmental action memorandum or statement). The rest of the elements in the opening package are an evaluation of section 7 of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531
et seq.
), copies of letters requesting State and/or tribal involvement, and draft refuge-specific regulatory language. We make available the CCP, hunt plan, and NEPA documents, and request public comments on them, as well as on any proposed rule, before we allow hunting on a refuge.

In sum, this illustrates that the decision to allow hunting on an NWR is not a quick or simple process. It is full of deliberation and discussion, including review of all available data to determine the relative health of a population before we allow it to be hunted.

The word “refuge” includes the idea of providing a haven of safety for wildlife, and as such, hunting might seem an inconsistent use of the NWRS. However, again, the Administration Act stipulates that hunting, if found compatible, is a legitimate and priority general public use of a refuge. Furthermore, we manage refuges to support healthy wildlife populations that in many cases produce harvestable surpluses that are a renewable resource. As practiced on refuges, hunting and fishing do not pose a threat to wildlife populations. It is important to note that taking certain individuals through hunting does not necessarily reduce a population overall, as hunting can simply replace other types of mortality. In some cases, however, we use hunting as a management tool with the explicit goal of reducing a population; this is often the case with exotic and/or invasive species that threaten ecosystem stability. Therefore, facilitating hunting opportunities is an important aspect of the Service's roles and responsibilities as outlined in the legislation establishing the NWRS, and the Service will continue to facilitate these opportunities where compatible with the purpose of the specific refuge and the mission of the NWRS.

Note that not all refuges are inviolate sanctuaries. If we acquired a refuge as an inviolate sanctuary, we may open up to 40 percent of that refuge's area for hunting of migratory game birds (16 U.S.C. 668dd(d)(1)(A)). However, if we acquired a refuge without the stipulation that it be an inviolate sanctuary, we may open 100 percent of the refuge's area for hunting.

The Fish and Wildlife Improvement Act of 1978 (16 U.S.C. 742l) amended section 6 of the Administration Act to provide for the opening of all or any portion of an inviolate sanctuary to the taking of migratory birds if taking is determined to be beneficial to the species. Such opening of more than 40 percent of the refuge to hunting is determined by species. This amendment refers to inviolate sanctuaries created in the past or to be created in the future. It has no application to areas acquired for other management purposes.

We did not make any changes to the rule as a result of these comments.

Comment (2):
We received a substantial number of comments expressing general support for the proposed changes in the rule. Of the 504 comments on the rule, 289 were in

general support of the proposed changes.

Our Response:
In passing the Improvement Act, Congress reaffirmed that the Refuge System was created to conserve fish, wildlife, plants, and their habitats, and would facilitate opportunities for Americans to participate in compatible wildlife-dependent recreation, including hunting and fishing on Refuge System lands.

We did not make any changes to the rule as a result of these comments.

Comment (3):
We received 76 comments requesting that the Service allow falconry as a use across the NWRS. These comments emphasized the cultural heritage and tradition of the sport of falconry, and requested that falconry be approved as a default use on all refuges. These comments were concerned with the ambiguity with which falconry is addressed in refuge-specific regulations, where some refuges allow falconry, some refuges prohibit falconry, and some refuges do not address falconry in their refuge-specific regulations. Overall, these comments expressed interest in increasing opportunities for falconry on refuges.

Our Response:
As stated in our response to
Comment (1),
we allow hunting of resident wildlife on NWRs only if such activity has been determined compatible with the established purpose(s) of the refuge and the mission of the Refuge System as required by the Administration Act. Service policy, as outlined in our Service manual at 605 FW 2.7M (Special Hunts), stipulates, “We will address special types of hunts, such as falconry, in the hunt section of the visitor service plan (VSP).” In other words, each refuge manager, when developing their step-down VSP (which would include a hunt plan, if appropriate) from their CCP, must first determine if hunting is compatible. Assuming it is found to be compatible, the refuge manager would next determine the conduct of the hunt, which might include the use of falconry. A refuge manager has discretion to restrict hunting and types of hunting, specifically falconry, if, for example, endangered or threatened species are present, the cumulative impacts of a type of hunt have not been analyzed or are not available, or if a type of special hunt is not compatible with the refuge; thus, this issue is decided individually on a refuge-by-refuge basis.

We did not make any changes to the rule as a result of these comments.

Comment (4):
We received one comment requesting the Service reconsider their proposed opening of black bear archery hunting on Swan River NWR in Montana. The commenter expressed concerns that the hunting of black bears could have an impact on threatened grizzly bears.

Our Response:
Based on this public comment, the Service has removed black bear from the archery hunt on Swan River NWR in this final rule. We intend to conduct a more detailed review of this issue in the future.

Comment (5):
We received a few comments requesting that the Service not open the Two Rivers unit of Ottawa NWR in Ohio to hunting based on the concerns of safety, trespassing, liability, and driveway maintenance issues. The commenters felt that hunters accessing the unit would utilize their private road to enter the hunting area, and that the general public would not obey “no trespassing” signs, and if public hunters were to hurt themselves on the private property, the landowners would be liable. The commenters expressed safety concerns that hunters would shoot from or across the road into their property in the pursuit of game, or drive recklessly on the road. Finally, the commenters expressed concerns over who would maintain the road accessing the unit, especially during the winter months, as the road historically has not been maintained regularly by the current landowners.

Our Response:
Vehicle access to the Two Rivers unit of Ottawa NWR is by use of a right-of-way lane through private property at the end of a public road. Boat access to the unit is by use of a boat ramp on Ohio Department of Natural Resources property downriver of the unit. The refuge has a recorded access easement beyond the public road to access the Two Rivers unit.

The 318-acre parcel is not expected to receive high levels of visitation because it will remain mostly undeveloped. To address the maintenance concerns, Ottawa NWR will work with adjacent landowners to develop a plan to maintain the right-of-way so that it is safe for refuge visitors and the private landowners.

Safety during the hunting season is of paramount importance. All hunters, whether on public or private land, are responsible to know their target and to safely discharge their weapons in the pursuit of game. There are numerous regulations to promote hunter safety, from restrictions on hunting equipment and methods, to blaze orange requirements. Most hunters in Ohio are required to complete a hunter education course. Hunter education requirements have been adopted by most States, including Ohio, to improve hunter safety. Ottawa NWR has conducted safe and successful hunt programs since 1961 with no accidental shootings.

With regards to trespassing, all hunters in the State of Ohio are responsible for knowing where they are on the land. Public lands are traditionally surrounded by private land holdings, and public land managers effectively administer safe and successful public hunting programs. The Two Rivers unit is no exception. To help hunters on the Two Rivers unit, Ottawa NWR will construct an informational kiosk for the parking lot that will include a unit map and rules and regulations for public access. The refuge will also develop a hunting brochure and map that will be available both on-site and online. Federal wildlife officers and State conservation officers will patrol public hunting area to enforce game laws and address trespass issues.

All refuge units display standard U.S. Fish and Wildlife Service boundary signs along their boundaries. To address the trespassing concerns, additional private property signs will be installed on the back of the refuge boundary signs along the Two Rivers unit's western boundary (eastern boundary of adjacent private property).

We did not make any changes to the rule as a result of these comments.

Comment (6):
Bear River Migratory Bird Refuge received a public comment expressing concern that allowing hunters to shoot in the units south of the D-line levee without a sufficient buffer between the levee and the closed units north of the levee would cause the birds to be disturbed in the closed units.

Our Response:
The Service agrees with this comment and has revised the regulations in the final rule to include a 100-yard (90-m) no hunting buffer around the D-line levee.

Changes From the Proposed Rule

As discussed above, under Summary of Comments and Responses, based on comments we received on the proposed rule and environmental assessments for individual refuges, we made changes in this final rule to what we proposed for Bear River Migratory Bird Refuge (in Utah) and for Swan River NWR (in Montana). Specifically, for Bear River Migratory Bird Refuge, we are retaining the current shotgun shell limit for hunting on or within 50 feet (15 meters) from the center of Unit 1A or the 2C dike, and we are adding the D line levee to the list of refuge areas with a 100-yard (90-m) hunting or shooting restriction. Bear River Migratory Bird Refuge also chose a different alternative in their environmental assessment from the proposed rule, which was posted on the refuge's website for public comment on June 8, 2018, leading to

approximately 3,000 additional acres for waterfowl hunting, which brings the total acres opened or expanded by this rule to 251,000. For Swan River NWR, we removed black bear from the list of species for the archery big game hunt in order to conduct further analysis on the impacts of hunting this species on the refuge.

Regarding Table 2 under the Regulatory Flexibility Act section, we were notified of an error for William L. Finley NWR in the proposed rule that listed an additional 365 days for hunting, which should have been an additional 365 days for fishing. This error has been corrected in this final rule and does not change the number of user days from the proposed rule. This change was deemed minor and not controversial.

Effective Date

We are making this rule effective upon publication in the
Federal Register
(see
DATES
, above). We provided a 30-day public comment period for the May 29, 2018, proposed rule (83 FR 24598). 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 refuges' hunting and fishing programs. 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 we are updating since the last time we published a rule amending these regulations (82 FR 51940; November 8, 2017) and that are applicable at Refuge System units previously opened to hunting and/or sport fishing. We are taking this action 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 may find them reiterated in literature distributed by each refuge or posted on signs.

Table 1—Changes for 2018-2019 Hunting/Fishing Season

Refuge/region
(*)

State

Migratory bird
hunting

Upland game
hunting

Big game
hunting

Sport fishing

Bear River (6)
Utah
C
C
Closed
Already Open.

Blackwater (5)
Maryland
C
Closed
C
Already Open.

Cedar Point (3)
Ohio
Closed
Closed
B
Already Open.

Charles M. Russell (6)
Montana
Already Open
Already Open
C
Already Open.

Cherry Valley (5)
Pennsylvania
C
C
C
Closed.

Cold Springs (1)
Oregon
Already Open
Already Open
B
Already Open.

Cypress Creek (3)
Illinois
C
C
C
Already Open.

Edwin B. Forsythe (5)
New Jersey
C
B
C/D
Already Open.

Felsenthal (4)
Arkansas
C
C
C
Already Open.

Glacial Ridge (3)
Minnesota
C
C/D
C
Closed.

Great River (3)
Illinois and Missouri
C
C
C
C.

Hackmatack (3)
Illinois and Wisconsin
A
A
A
Closed.

J. Clark Salyer (6)
North Dakota
Already Open
Already Open
D
Already Open.

John Heinz (5)
Pennsylvania
Closed
Closed
B
Already Open.

Kankakee (3)
Illinois
Closed
Already Open
Already Open
Closed.

Lake Woodruff (4)
Florida
Closed
Closed
D
Already Open.

Lostwood (6)
North Dakota
Closed
Already Open
D
Closed.

Moosehorn (5)
Maine
C
C
C
Already Open.

Ottawa (3)
Ohio
C/D
B
C/D
Already Open.

Patoka River (3)
Indiana
C
C
C
C.

Patuxent (5)
Maryland
Already Open
Already Open
C
Already Open.

Rachel Carson (5)
Maine
Already Open
Already Open
C
Already Open.

San Pablo Bay (8)
California
C
Already Open
Closed
B.

Sevilleta (2)
New Mexico
C/D
B
Closed
Closed.

Shiawassee (3)
Michigan
C/D
B
C
Already Open.

Swan River (6)
Montana
Already Open
Closed
B
Already Open.

Trempealeau (3)
Wisconsin
C
B
C
Already Open.

Umbagog (5)
Maine and New Hampshire
Already Open
Already Open
C
Closed.

Upper Klamath (8)
Oregon
C
Closed
Closed
Already Open.

Wallkill (5)
New Jersey and New York
C
Already Open
Already Open
C.

William L. Finley (1)
Oregon
Closed
Closed
Already Open
C.

* Number in ( ) refers to the Region as defined in the preamble to this rule under Available Information for Specific Refuges.
Key:
A = New refuge opened.
B = New activity on a refuge previously open to other activities.
C = Refuge already open to activity, but added new lands/waters or modified areas open to hunting or fishing.
D = Refuge already open to activity but added new species to hunt.
E = Activity is being closed on the refuge.

The changes for the 2018-2019 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/fish-tech.

Executive Order 13771—Reducing Regulation and Controlling Regulatory Costs

This final rule is not an Executive Order (E.O.) 13771 (82 FR 9339, February 3, 2017) regulatory action because this final rule is not significant under E.O. 12866.

Regulatory Planning and Review (Executive Orders 12866 and 13563)

Executive Order 12866 provides that the Office of Information and Regulatory Affairs (OIRA) will review all significant rules. OIRA has determined that this rulemaking is not significant.

Executive Order 13563 reaffirms the principles of E.O. 12866 while calling for improvements in the nation's regulatory system to promote predictability, to reduce uncertainty, and to use the best, most innovative, and least burdensome tools for achieving regulatory ends. The executive order directs agencies to consider regulatory approaches that reduce burdens and maintain flexibility and freedom of choice for the public where these approaches are relevant, feasible, and consistent with regulatory objectives. E.O. 13563 emphasizes further that regulations must be based on the best available science and that the rulemaking process must allow for public participation and an open exchange of ideas. We have developed this rule in a manner consistent with these requirements.

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 will 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 will not have a significant economic impact on a substantial number of small entities.

This final rule adds 4 NWRs to the list of refuges open to sport fishing and hunting and increases hunting or fishing activities on 26 additional NWRs. As a result, visitor use for wildlife-dependent recreation on these NWRs will change. If the refuges establishing new programs were a pure addition to the current supply of those activities, it would mean an estimated increase of 17,575 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 2018/2019
[Dollars in thousands]

Refuge

Additional
hunting days

Additional
fishing days

Additional
expenditures

Bear River
0

$0

Blackwater
637

25.7

Charles M. Russell
500

20.1

Cherry Valley
240

9.7

Cold Springs
25

1.0

Cypress Creek
1,650

66.5

Edwin B. Forsythe
350

14.1

Felsenthal
206

8.3

Glacial Ridge
54

2.2

Great River
1,000
200
48.9

Hackmatack
100
30
5.3

J. Clark Salyer
100

4.0

John Heinz
10

0.4

Lake Woodruff
10

0.4

Lostwood
100

4.0

Moosehorn
25

1.0

Ottawa/Cedar Point
1,424

57.4

Patoka River
75
25
4.1

Rachel Carson
57
365
17.9

San Pablo Bay
100
365
19.7

Sevilleta
50

2.0

Shiawassee
1,675

67.5

Swan River
224

9.0

Trempealeau
218

8.8

Umbagog
5,950

239.7

Upper Klamath
900

36.3

Wallkill
180
365
22.9

William L. Finley
0
365
14.7

Total
15,860
1,715
711.5

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 2011 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 $711,000 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 (2.27) derived from the report “Hunting in America: An Economic Force for Conservation” and for fishing activities (2.40) derived from the report “Sportfishing in America” yields a total economic impact of approximately $1.6 million (2017 dollars) (Southwick Associates, Inc., 2012). 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 $1.6 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 $325,000 annually.

Small businesses within the retail trade industry (such as hotels, gas stations, taxidermy shops, bait-and-tackle shops, and similar businesses) may be affected by some increased or decreased refuge visitation. A large percentage of these retail trade establishments in the local communities around NWRs 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 $711,000 to be spent in total in the refuges' local economies. The maximum increase would be less than two-tenths of 1 percent for local retail trade spending (Table 3).

Table 3—Comparative Expenditures for Retail Trade Associated With Additional Refuge
Visitation for 2018/2019
[Thousands, 2017 dollars]

Refuge/county(ies)

Retail trade
in 2012

Estimated
maximum
addition from
new activities

Addition as
% of total

Establishments
in 2012

Establishments
with <10
employees
in 2012

Blackwater:

Dorchester, MD
$308,272
$25.7
<0.01
100
74

Charles M. Russell:

McCone, MT
24,790
20.1
0.08
10
7

Cherry Valley:

Monroe, PA
2,285,124
4.8
<0.01
633
424

Northampton, PA
3,872,709
4.8
<0.01
879
603

Cold Springs:

Umatilla, OR
857,045
1.0
<0.01
224
155

Cypress Creek:

Pulaski, IL
37,328
66.5
0.18
18
15

Edwin B. Forsythe:

Atlantic, NJ
4,583,003
4.7
<0.01
1,229
840

Burlington, NJ
7,333,114
4.7
<0.01
1,423
939

Ocean, NJ
8,215,768
4.7
<0.01
1,866
1,327

Felsenthal:

Ashley, AR
197,731
2.8
<0.01
86
67

Bradley, AR
105,539
2.8
<0.01
39
28

Union, AR
545,629
2.8
<0.01
209
155

Glacial Ridge:

Polk, MN
354,022
2.2
<0.01
110
74

Great River:

Pike, MO
203,871
48.9
0.02
64
45

Hackmatack:

McHenry, IL
3,912,156
2.7
<0.01
940
629

Walworth, WI
1,317,927
2.7
<0.01
359
264

J. Clark Salyer:

Bottineau, ND
101,939
2.0
<0.01
35
28

McHenry, ND
28,290
2.0
0.01
17
12

John Heinz:

Delaware, PA
6,906,244
0.2
<0.01
1,704
1,146

Philadelphia, PA
13,069,101
0.2
<0.01
4,524
3,448

Lake Woodruff:

Volusia, FL
6,585,374
0.4
<0.01
1,871
1,412

Lostwood:

Burke, ND
41,148
2.0
<0.01
10
6

Montrail, ND
292,497
2.0
<0.01
41
27

Moosehorn:

Washington, ME
462,433
1.0
<0.01
151
100

Ottawa/Cedar Point:

Lucas, OH
6,382,144
28.7
<0.01
1,452
965

Ottawa, OH
456,610
28.7
0.01
142
109

Patoka River:

Gibson, IN
595,275
2.0
<0.01
122
84

Pike, IN
77,438
2.0
<0.01
31
23

Patuxent Research Refuge:

Anne Arundel, MD
9,351,065

2,014
1,286

Prince George's, MD
9,990,887

2,221
1,439

Rachel Carson:

York, ME
2,614,299
17.9
<0.01
870
653

San Pablo Bay:

Napa, CA
1,813,897
6.6
<0.01
526
374

Solano, CA
5,451,956
6.6
<0.01
1,066
682

Sonoma, CA
6,423,178
6.6
<0.01
1,766
1,274

Sevilleta:

Socorro, NM
127,902
2.0
<0.01
39
31

Shiawassee:

Saginaw, MI
3,110,321
67.5
<0.01
871
590

Swan River:

Lake, MT
286,486
9.0
<0.01
120
89

Trempealeau:

Buffalo, WI
83,043
4.4
0.01
47
38

Trempealeau, WI
344,603
4.4
<0.01
104
67

Umbagog:

Oxford, ME
652,741
119.9
0.02
222
163

Coos, NH
604,938
119.9
0.02
184
143

Upper Klamath:

Klamath, OR
808,680
36.3
<0.01
241
155

Wallkill River:

Sussex, NJ
1,942,879
11.4
<0.01
414
299

Orange, NY
6,641,744
11.4
<0.01
1,506
1,017

William L. Finley:

Linn, OR
1,261,501
14.7
<0.01
339
247

With the small change in overall spending anticipated from this final 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.
). A regulatory flexibility analysis is not required. Accordingly, a small entity compliance guide is not required.

Small Business Regulatory Enforcement Fairness Act

The final 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 U.S.-based enterprises to compete with foreign-based enterprises. This rule represents only a small proportion of recreational spending at NWRs. 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 final rule will apply 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 final rule will not have significant takings implications. This rule will affect only visitors at NWRs and describe what they can do while they are on a refuge.

Federalism (E.O. 13132)

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

Civil Justice Reform (E.O. 12988)

In accordance with E.O. 12988, the Department of the Interior has determined that this final rule will not unduly burden the judicial system and that it meets the requirements of sections 3(a) and 3(b)(2) of the Order.

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, or use. E.O. 13211 requires agencies to prepare Statements of Energy Effects when undertaking certain actions. Because this final rule will open 3 refuges to hunting, open 1 refuge to sport fishing, increase the hunting activities available at 26 refuges, and increase sport fishing activities at 4 refuges, it is not a significant regulatory action under E.O. 12866, and we do not expect it to significantly affect energy supplies, distribution, or use. Therefore, this action is 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 NWRs with Tribal governments having adjoining or overlapping jurisdiction before we propose the regulations.

Paperwork Reduction Act (PRA)

This rule does not contain any new collections of information that require approval by the Office of Management and Budget (OMB) under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501
et seq.
). OMB has previously approved the information collection requirements associated with regulations implementing refuge-specific hunting and sport fishing regulations and assigned the following OMB control numbers:

• 1018-0102, “National Wildlife Refuge Special Use Permit Applications and Reports, 50 CFR 25, 26, 27, 29, 30, 31, 32, & 36” (expires August 31, 2020),

• 1018-0140, “Hunting and Fishing Application Forms and Activity Reports for National Wildlife Refuges, 50 CFR 25.41, 25.43, 25.51, 26.32, 26.33, 27.42, 30.11, 31.15, 32.1 to 32.72” (expires July 31, 2021), and

• 1018-0153, “National Wildlife Refuge Visitor Check-In Permit and Use Report” (expires December 31, 2018).

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 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 because 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 (43 CFR 46.120).

Prior to the addition of a refuge to the list of areas open to hunting and fishing in 50 CFR part 32, we develop hunting and fishing plans for the affected refuges. We incorporate these proposed refuge hunting and fishing activities in the refuge comprehensive conservation plan 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 comprehensive conservation plans 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 through 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 office 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, P.O. Box 1306, 500 Gold Avenue SW, Albuquerque, NM 87103; Telephone (505) 248-6937.

Region 3—Illinois, Indiana, Iowa, Michigan, Minnesota, Missouri, Ohio, and Wisconsin. Regional Chief, National Wildlife Refuge System, U.S. Fish and Wildlife Service, 5600 American Blvd. West, Suite 990, Bloomington, MN 55437-1458; Telephone (612) 713-5360.

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) 253-8307.

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

Katherine Harrigan, Division of Natural Resources and Conservation Planning, 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.

Regulation Promulgation

For the reasons set forth in the preamble, we amend title 50, chapter I, subchapter C of the Code of Federal Regulations as follows:

PART 32—HUNTING AND FISHING

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

Authority:

5 U.S.C. 301; 16 U.S.C. 460k, 664, 668dd-668ee, and 715i; Pub. L. 115-20, 131 Stat. 86.

§ 32.7
[Amended]

2. Amend § 32.7 by adding, in alphabetical order, an entry for “Hackmatack National Wildlife Refuge” in the State of Illinois and in the State of Wisconsin.

3. Amend § 32.23 by:
a. Revising the entry Bald Knob National Wildlife Refuge;
b. Revising the entry Big Lake National Wildlife Refuge;
c. Revising the entry Cache River National Wildlife Refuge;
d. Revising the entry Dale Bumpers White River National Wildlife Refuge;
e. Revising the entry Felsenthal National Wildlife Refuge;
f. Revising the entry Holla Bend National Wildlife Refuge;
g. Revising the entry Overflow National Wildlife Refuge; and
h. Revising the entry Wapanocca National Wildlife Refuge.
The revisions 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 and subject to the following conditions:

1. We require refuge hunting permits (signed brochure). The permits are nontransferable, and anyone on refuge land in possession of hunting equipment must possess a signed permit at all times.

2. We prohibit migratory game bird hunting on the refuge during the Quota Gun Deer Hunt.

3. With the exception of hunting for woodcock, we prohibit migratory game bird hunting after 12 p.m. (noon) during the regular State waterfowl hunting season.

4. We allow hunting for woodcock daily throughout the State season.

5. You may possess only approved nontoxic shot shells for hunting while in the field (see § 32.2(k)) in quantities of 25 or fewer. The possession limit includes shells located in or on vehicles and other personal equipment. The field possession limit for shells does not apply to goose hunting during the State Conservation Order.

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

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

8. We open the refuge to daylight use only, 30 minutes before legal sunrise to 30 minutes after legal sunset, with the exception that hunters may enter the refuge beginning at 4 a.m. and must exit by 1 hour after legal shooting time ends.

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

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

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

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

1. Conditions A1, A8, and A11 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, except for season closure of the refuge during the Quota Gun Deer Hunt. We allow dogs.

4. We allow rabbit hunting in accordance with the State season, except for season closure of the refuge during the Quota Gun Deer Hunt. We allow dogs.

5. We allow quail hunting in accordance with the State season, except for season closure of the refuge during the Quota Gun Deer Hunt. We allow dogs.

6. We allow hunting of raccoon and opossum with dogs. We require dogs for hunting raccoon/opossum at night, 30 minutes after legal sunset to 30 minutes before legal sunrise. We list annual season dates in the refuge hunting brochure/permit. We prohibit field trials and organized training events.

7. Hunters may take beaver, muskrat, nutria, armadillo, and coyote during any refuge hunt with those weapons legal during those hunts, subject to applicable State seasons and regulations.

8. We limit nighttime hunting to raccoon/opossum hunting.

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

1. Conditions A1, A8, and A11 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 of the refuge during the Quota Gun Deer Hunt. We provide annual season dates and bag limits in 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 in all hunting units with annual season dates and bag limits provided in the hunt brochure/permit.

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

7. All harvested game must be checked according to State regulations. The Refuge zone to be reported is 002.

8. You may use only shotguns with rifled slugs, muzzleloaders, and legal pistols for modern gun deer hunting on the Farm Unit.

9. We allow only portable deer stands. You 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 (fee/signature required), which you must remove by the last day of the Quota Gun Deer Hunt. You 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). We prohibit leaving any tree stand, ground blind, or game camera on the refuge without the owner's name and address clearly written in a conspicuous location.

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

11. We prohibit hunting from mowed and/or graveled road rights-of-way.

12. 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 meters (m)), as reported by the National Weather Service, 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).

13. We allow only Quota Gun Deer Hunt permit holders on the refuge 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.

14. 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 in the sanctuary when the season overlaps with these dates.

15. You may enter the refuge at 4 a.m. and remain until 1 hour after legal shooting time.

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

1. Conditions A8 and B8 apply.

2. We close waterfowl sanctuaries to all entry from November 15 to February 28. We also close the refuge 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

A. Migratory Game Bird Hunting.
[Reserved]

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

4. You may take opossum when hunting raccoon.

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

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

7. 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.

8. We prohibit hunting from mowed and/or gravel road rights-of-way.

9. We limit nighttime use, 30 minutes after legal sunset to 30 minutes before legal sunrise, to fishing, frogging, and/or raccoon/opossum hunting.

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

1. Conditions B1, B3, and B6 through B9 apply.

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

3. Hunters may use only bows or crossbows.

4. Hunters may use only biodegradable materials to mark trails.

5. All harvested game must be checked according to State regulations. The Refuge zone to be reported is 030.

6. We allow only portable deer stands. You may erect stands 7 days prior to the refuge deer season and must remove them 7 days after the closure of archery season (see § 27.93 of this chapter).

7. Hunters may enter the refuge no earlier than 4 a.m. and must leave one hour after legal sunset.

8. We prohibit leaving any tree stand, ground blind, or game camera on the refuge.

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. Condition B7 applies.

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

Cache River National Wildlife Refuge

A. Migratory Game Bird Hunting.
We allow hunting of duck, goose, coot, snipe, woodcock, and dove on designated areas of the refuge in accordance with State regulations and 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 prohibit migratory game bird hunting on the refuge during the Quota Gun Deer Hunt.

3. With the exception of hunting for woodcock, we prohibit migratory game bird hunting after 12 p.m. (noon) during the regular State waterfowl hunting season.

4. We allow hunting for woodcock daily throughout the State seasons.

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

6. Waterfowl hunters may enter the refuge at 4 a.m. and hunt until 12 p.m. (noon).

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

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

9. We allow waterfowl hunting on flooded refuge roads.

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

11. 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, and coyote on designated areas of the refuge in accordance with State regulations and subject to the following conditions:

1. Conditions A1, A10, and A11 apply.

2. We allow squirrel hunting September 1 through February 28, except for refuge-wide season closure during the Quota Gun Deer Hunt. We allow dogs.

3. Rabbit season corresponds with the State season, except for refuge-wide season closure during the Quota Gun Deer Hunt. We allow dogs.

4. Quail season corresponds with the State season, 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. We require dogs for hunting of raccoon/opossum at night, 30 minutes after legal sunset to 30 minutes before legal sunrise. We provide annual season dates in the refuge hunting brochure/permit. We prohibit field trials and organized training events.

6. You may take beaver, muskrat, nutria, armadillo, and coyote during any refuge hunt with those weapons legal during those hunts subject to applicable State seasons and regulations.

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

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

9. We limit nighttime use, 30 minutes after legal sunset to 30 minutes before legal sunrise, to fishing, frogging, and/or raccoon/opossum hunting.

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

1. Conditions A1, A10, A11, B6, B7, and B9 apply.

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

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

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

5. You may take feral hog with weapons legal during those hunts and according to applicable State Wildlife Management Area regulations.

6. The spring gun hunt for turkey will begin on the opening day of the State season and continue throughout the State season on all refuge lands located south of Interstate 40. The remainder of the refuge is closed 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 Arkansas Game and Fish Commission.

7. 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 Plunkett Farm Unit Waterfowl Sanctuary.

8. We allow only portable stands. 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). We prohibit leaving any tree stand, ground blind, or game camera on the refuge without the owner's name and address clearly written in a conspicuous location.

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

10. We prohibit hunting from mowed and/or graveled road rights-of-way.

11. 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 meters (m)), as reported by the National Weather Service, 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).

12. 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, and reopen them when the same gauge reading falls below 8.5 feet (2.6 m).

13. 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, 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 and subject to the following conditions:

1. Conditions A10 and B9 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 prohibit the take or possession of turtles and/or mollusks (see § 27.21 of this chapter).

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

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

6. We prohibit boating November 1 through January 31 in the South Unit Waterfowl Hunt Areas, except from 4 a.m. to 1 p.m. on designated waterfowl hunt days.

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

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

9. We only allow all-terrain vehicles (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 ATVs as an off-road vehicle with factory

specifications not to exceed the following: A maximum dry weight of 1,550 pounds (697.5 kilograms), tires having a centerline lug depth of 1 inch (2.5 centimeters) or less and a maximum tire pressure of 15 pounds per square inch (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.

10. We prohibit the use of decoys that contain moving parts or electrical components, except that you may use manually operated 'jerk strings' to simulate decoy movement.

11. You may not utilize a guide, guide service, outfitter, club, organization, or any other person who provides equipment, services, or assistance on the refuge for compensation.

12. We allow camping only in designated sites and areas identified in the refuge user brochure/permit (signed brochure), and we restrict camping to individuals involved in wildlife-dependent activities. We limit camping on the refuge to no more than 14 days during any 30 consecutive-day period. Campers must occupy camps daily. We prohibit all disturbances, including use of generators, after 10 p.m.

13. We allow refuge users to leave boats 16 feet (4.8 m) or less in length unattended overnight from March 1 to October 31, as long as the owner clearly and prominently displays his or her complete name and physical address.

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

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

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

1. Condition A1 applies.

2. We allow hunting of rabbit and squirrel on the North Unit from September 1 until January 31.

3. We allow dogs for hunting of rabbit and squirrel from December 1 through January 31 on the North Unit.

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

5. We prohibit dogs on the South Unit for the purpose of squirrel or rabbit hunting.

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

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

8. We allow the use of dogs for hunting furbearers from legal sunset to legal sunrise. Hunters must tether or pen all dogs used for furbearer hunting from legal sunrise to legal sunset and any time they are not involved in actual hunting.

9. We allow upland game hunting on specific scattered tracts of land, in accordance with Statewide 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 and subject to the following conditions:

1. Condition A1 applies.

2. Archery deer seasons on the North Unit are from the beginning of October until the end of January except during quota muzzleloader and quota gun deer hunts, when the archery season is closed. We provide annual season dates and bag limits in the refuge user brochure/permit (signed brochure).

3. Archery deer seasons on the South Unit are from the beginning of October until the end of December except during quota muzzleloader and quota gun deer hunts, when the archery season is closed. We provide annual season dates and bag limits in the refuge user brochure/permit (signed brochure).

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 non-quota hunting in the North Unit. We provide annual season dates and bag limits in the refuge user brochure/permit (signed brochure).

5. The gun deer hunt will begin in November and will continue for a period of 3 days of quota hunting in the North and South Units, and 2 days of non-quota hunting in the North Unit. We provide annual season dates, bag limits, and areas in the 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 outlying 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 145 for the South Unit or Zone 146 for the North Unit) on your hunting license and later check deer and/or turkey through the State checking system. Outlying tracts use the same zone number as the surrounding State zone.

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

10. You must follow refuge guidance regarding flood-zone closures during the deer hunt. Guidance is found in the refuge brochure, which you must carry at all times.

11. We prohibit the use of dogs other than those specified in the user permit.

12. We prohibit all forms of organized deer drives.

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

14. 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 refuge must have the owner's complete name and physical address clearly displayed.

15. We close the Kansas Lake Area to all entry on December 1 and reopen it on March 1.

16. We prohibit the possession of buckshot on the refuge.

17. We prohibit the possession and/or use of toxic shot by hunters using shotguns (see § 32.2(k) of this chapter) when hunting.

18. We provide information on feral hog hunting in the refuge brochure/permit (signed brochure).

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

1. Condition A1 applies.

2. We allow fishing year-round in LaGrue, Essex, Prairie, Scrubgrass and Brooks Bayous, Big Island Chute, Moon and Belknap Lakes next to Arkansas Highway 1, Indian Bay, the Arkansas Post Canal and adjacent drainage ditches; borrow ditches located adjacent to the west bank of that portion of the White River Levee north of the Graham Burke pumping station; and all refuge-owned North Unit and scattered tract waters. We open all other South Unit refuge waters to sport fishing from March 1 through November 30 unless posted otherwise.

3. We allow frogging on all refuge-owned waters open for sport fishing as follows: We allow frogging on the South Unit from the beginning of the State season through November 30; we allow frogging on the North Unit for the entire State season.

4. We prohibit all commercial and recreational harvest of turtle on all property administered by Dale Bumpers White River National Wildlife Refuge.

5. We prohibit take or possession of any freshwater mussel, and we do not open to mussel shelling.

Felsenthal 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 and 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. 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.

5. Hunters must possess and carry a signed Refuge Public Use Regulations Brochure/Access Permit (signed brochure) while hunting.

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

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

8. 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 centimeters). 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 hunting and fishing activities on the refuge.

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

10. 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.

11. You may take beaver, nutria, and coyote during any daytime refuge hunt with weapons and ammunition allowed for that hunt. There is no bag limit.

12. We allow the use of retriever dogs.

13. 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.

14. We prohibit leaving any boat on the refuge.

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 and subject to the following conditions:

1. Conditions A4 through A10, and A12 apply.

2. We allow hunting for quail, squirrel, rabbit, and furbearers (as defined by State law) on the refuge during State seasons 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 possess 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 possess 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.

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

1. Conditions A5 through A10 apply.

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

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 allow muzzleloader deer hunting during the October State Muzzleloader season for this deer management zone. The refuge will conduct one 4-day quota modern gun hunt for deer, typically in November. The refuge also may conduct one mobility-impaired hunt for deer typically in early November.

6. Total deer harvested refuge-wide is two deer (two does or one buck and one doe as defined by State law) regardless of method. See refuge brochure for specific bag limit information.

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 the opening day of Archery Season and you must remove them no later than January 31 each year (see § 27.93 of this chapter).

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

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

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

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

13. The refuge will conduct no more than three quota permit spring turkey gun hunts and no more than two 3-day quota spring turkey hunts (typically in April). Specific hunt dates and application procedures will be available at the refuge office in January. We restrict hunt participants to those selected for a quota permit, except that one nonhunting adult age 21 or older 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, or game camera on the refuge without the owner's name and address clearly written in a conspicuous location. Game cameras must be removed from the refuge daily and are prohibited from being left overnight.

16. We restrict hunt participants for quota hunts to those drawn for a quota permit (Quota Deer Hunt Application, FWS Form 3-2354). 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 for deer and January for turkey.

17. The incidental taking of feral hogs will be in accordance with Arkansas Game and Fish Commission regulations concerning the taking of feral hogs on State WMAs. If allowed on State WMAs, feral hogs may be taken incidental to daytime refuge hunts (without the use of dogs) with legal hunting equipment and ammunition allowed for that hunt. No bag limit. Live hogs may not be transported or possessed.

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 A5, A6, A7, A10, and A14 apply.

2. We prohibit fishing in the waterfowl sanctuary area when the sanctuary is closed, 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 Ouachita 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.

Holla Bend National Wildlife Refuge

A. Migratory Game Bird Hunting.
[Reserved]

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

1. We require refuge hunting permits (found on the front cover of the annual hunt brochure/permit—signature required). The permits are nontransferable, and anyone on refuge land in possession of hunting equipment must sign and carry the permits at all times. Your hunt permit will also act as your entrance pass to the refuge.

2. During the refuge archery season, you may take only squirrel, rabbit, raccoon, opossum, beaver, armadillo, coyote, or bobcat.

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

4. We only allow all-terrain vehicles (ATVs) for hunters and anglers with disabilities. We require a refuge ATV permit (Special Use Permit; FWS Form 3-1383-G) issued by the refuge manager.

5. We prohibit hunting from a vehicle.

6. You must enter and exit the refuge from designated roads and parking areas. We prohibit accessing refuge waters and land from the Arkansas River. We prohibit boating over the dam at the Old River Channel from either direction.

7. We prohibit hunting within 100 feet (30 meters) of roads open to motor vehicle use and nature trails.

8. 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.
We allow hunting of deer and turkey on designated areas of the refuge in accordance with State regulations and subject to the following conditions:

1. Conditions B1 and B4 through B8 apply.

2. We allow archery/crossbow hunting for white-tailed deer and turkey. We provide annual season dates in the public use regulations brochure/permit (signature required).

3. The refuge will conduct one youth-only (between ages 6 and 15 at the beginning of the gun deer season in Zone 7) quota gun deer hunt. Specific hunt dates and application procedures will be available at the refuge office in July. We restrict hunt participants to those selected for a quota permit, except that one nonhunting adult must accompany the youth hunter during the youth hunt.

4. We open spring archery turkey hunting during the State turkey season.

5. We close the refuge to all entry and public use during scheduled youth quota gun hunts, except for those allowed to participate in the youth quota gun hunt.

6. The refuge will conduct two youth-only (age 6 to 15 at the beginning of the spring turkey season) quota spring gun turkey hunts, each 2 days in length. 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 (name, address, phone number required), except that one nonhunting adult age 21 or older must accompany the youth hunter during the youth hunt.

7. We allow only portable deer stands. You may erect stands 7 days before the start of the season and must remove the stands from the refuge within 7 days after the season ends (see §§ 27.93 and 27.94 of this chapter).

8. You must permanently affix the owner's name, address, and phone number to all tree stands, ground blinds, or game cameras on the refuge.

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

10. We prohibit all forms of organized game drives.

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

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

1. Conditions B4, B6, and C5 apply.

2. Waters of the refuge are only open for fishing March 1 through October 31 from legal sunrise to legal sunset.

3. We prohibit anglers from leaving their boats unattended overnight on any portion of the refuge (see § 27.93 of this chapter).

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

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

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 and subject to the following conditions:

1. You must possess and carry a Refuge Public Use Regulations Brochure/Access Permit (signed brochure) while hunting.

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

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).

4. You may only possess shotshells in quantities of 25 or fewer per day during

waterfowl hunting season; hunters may not discharge more than 25 shells per day.

5. Hunters under age 16 do not need to have a hunter education card if they are under the direct supervision (within arm's reach) of a holder of a valid hunting license who is at least age 21.

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

7. 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 that 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 centimeters). 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 hunting activities on the refuge.

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

9. You may take beaver, nutria, 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.

10. All boats are prohibited on the refuge between the hours of 1:30 p.m. and 4 a.m. during waterfowl season.

11. All boat motors (including surface drive motors, mud motors, etc.) larger than 25 horsepower (HP) are prohibited.

12. Hunters may not enter the refuge until 4 a.m., with the exception of designated parking areas. Hunting ends at 12 p.m. (noon) each day.

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 and subject to the following conditions:

1. Conditions A4 through A9, and A11 apply.

2. We allow hunting during State seasons (see State regulations for the appropriate zone) for quail, squirrel, rabbit, and furbearers (as defined by State law) through January 31. We list specific hunting season dates annually in the refuge hunt brochure.

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 possess rimfire rifle lead ammunition no larger than .22 caliber. We prohibit possession of shot larger than that legal for waterfowl hunting.

5. You may use dogs for squirrel and rabbit hunting from December 1 through January 31. You may also use dogs for quail hunting and for raccoon/opossum hunting during open season on the refuge for these species.

6. We allow nighttime raccoon and opossum hunting.

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

1. Conditions A5 through A9, and A11 apply.

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

3. We prohibit buckshot for gun deer hunting.

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

5. You may only use portable deer stands erected no earlier than the opening day of Archery Season and you must remove them no later than January 31 each year (see § 27.93 of this chapter). Limit is one deer stand, blind, etc., per person.

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

7. The refuge will conduct no more than one quota permit youth spring turkey gun hunt. 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 age 15 or younger.

8. 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.

9. The incidental taking of feral hogs will be in accordance with Arkansas Game and Fish Commission regulations concerning the taking of feral hogs on State WMAs. If allowed on State WMAs, feral hogs may be taken incidental to daytime refuge hunts (without the use of dogs) with legal hunting equipment and ammunition allowed for that hunt. No bag limit. Live hogs may not be transported or possessed.

D. Sport Fishing.
[Reserved]

Wapanocca National Wildlife Refuge

A. Migratory Game Bird Hunting.
We allow hunting of snow geese on designated areas of the refuge in accordance with State regulations and 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 and carry them at all times.

2. We provide annual season dates on the hunt brochure/permit.

3. Hunters may enter the refuge at 4 a.m. and must leave the refuge by legal sunset.

4. Roundpond and Pigmon Units are closed to all migratory bird hunting.

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

1. Conditions A1 through A4 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, and coyote during any refuge hunt with those weapons legal during those hunts, subject to applicable State seasons and regulations.

5. You may take feral hog only during the refuge Quota Gun Deer Hunt and according to State WMA regulations.

6. We limit nighttime hunting to raccoon/opossum hunting.

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

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

1. Conditions A1 through A4, and B4 through B7 apply.

2. We prohibit hunting from mowed and/or graveled road rights-of-way.

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

4. We allow only portable deer stands. You may erect stands 7 days prior to the refuge deer season and must remove them from the waterfowl sanctuaries by December 1. You 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).

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

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

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

1. We allow fishing from March 1 through October 31 from
1/2
hour before legal sunrise to
1/2
hour after legal sunset.

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

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

4. We allow bank fishing.

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

6. Anglers may launch boats only in designated areas.

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

4. Amend § 32.24 by:
a. Revising the entry Kern National Wildlife Refuge;
b. Revising the entry Lower Klamath National Wildlife Refuge;
c. Revising the entry Merced National Wildlife Refuge;
d. Revising the entry Sacramento River National Wildlife Refuge;
e. Revising the entry San Luis National Wildlife Refuge;
f. Revising the entry San Pablo Bay National Wildlife Refuge; and
g. Revising the entry Tule Lake National Wildlife Refuge.
The revisions read as follows:

§ 32.24
California.

Kern National Wildlife Refuge

A. Migratory Game Bird Hunting.
We allow hunting of geese, ducks, coots, and moorhens on designated areas of the refuge in accordance with State regulations and subject to the following conditions:

1. Hunters assigned to the spaced blind unit must remain within 100 feet (30.5 meters) of the numbered steel post (blind site) except when pursuing cripples, placing decoys, or traveling to and from the parking area.

2. Hunters may not possess more than 25 shells while in the field.

3. We allow only nonmotorized boats.

B. Upland Game Hunting.
We allow hunting of pheasant on designated areas of the refuge in accordance with State regulations and subject to the following condition: We allow pheasant hunting only in the free roam unit.

C. Big Game Hunting.
[Reserved]

D. Sport Fishing.
[Reserved]

Lower Klamath National Wildlife Refuge

A. Migratory Game Bird Hunting.
We allow hunting of geese, ducks, coots, moorhens, and snipe on designated areas of the refuge in accordance with State laws and regulations and subject to the following conditions:

1. In the controlled waterfowl hunting area, we require a valid Refuge Recreation Pass for all hunters age 16 or older. An adult with a valid Recreation Pass must accompany hunters age 17 and younger who are hunting in the controlled area.

2. We require advance reservations for the first 2 days of the hunting season. Reservations are obtained through the Waterfowl Lottery each year.

3. Entry hours begin at 4:30 a.m. unless otherwise posted.

4. Shooting hours end at 1 p.m. on all California portions of the refuge with the following exceptions:

i. The refuge manager may designate up to 6 afternoon special youth, ladies, veteran, or disabled hunter waterfowl hunts per season.

ii. The refuge manager may designate up to 3 days per week of afternoon waterfowl hunting for the general public after December 1.

5. You may not set decoys in retrieving zones.

6. We prohibit air-thrust and inboard water-thrust boats.

7. You may use only nonmotorized boats and boats with electric motors on designated motorless units from the start of the hunting season through November 30. You may use motorized boats on designated motorless units from December 1 through the end of hunting season.

8. Pit style hunting blinds located in the Stearns units and unit 9D are first-come, first-served. We require you to hunt within a 200-foot (61-meter) radius of the blind.

B. Upland Game Hunting.
We allow hunting of pheasant on designated areas of the refuge in accordance with State laws and regulations and subject to the following condition: In the controlled pheasant hunting area, we require a valid Refuge Recreation Pass for all hunters age 16 or older. An adult with a valid Recreation Pass must accompany hunters age 17 or younger who are hunting in the controlled area.

C. Big Game Hunting.
[Reserved]

D. Sport Fishing.
[Reserved]

Merced National Wildlife Refuge

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

1. You may possess only 25 or fewer shotshells per day after leaving the parking lot.

2. Each hunter must remain inside his or her assigned blind, except for placing decoys, retrieving downed birds, and traveling to and from the parking area. We prohibit shooting from outside the blind.

3. We restrict hunters in the spaced zone area of the Lonetree Unit to their assigned zone except when they are traveling to and from the parking area, retrieving downed birds, or shooting to retrieve crippled birds.

4. Dogs must remain under the immediate control of their owners at all times (see § 26.21(b) of this chapter).

B. Upland Game Hunting.
[Reserved]

C. Big Game Hunting.
[Reserved]

D. Sport Fishing.
[Reserved]

Sacramento River National Wildlife Refuge

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

1. Access to the hunt area on all units open to public hunting is by boat only, except on designated units, which are accessible by foot traffic or boat. We prohibit bicycles or other conveyances. Mobility-impaired hunters should consult with the refuge manager for allowed conveyances. We prohibit waterfowl hunting on the Mooney and Codora Units.

2. On the Codora Unit, we prohibit hunting except for junior hunters on weekends only. Junior hunters must possess a valid junior hunting license and be accompanied by a nonhunting adult.

3. We allow only shotgun hunting.

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

5. We prohibit hunting within 150 yards (45 m) of any occupied dwelling,

house, residence, or other building or any barn or other outbuilding used in connection therewith.

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

7. We open the refuge for day-use access from 2 hours before legal sunrise until 1
1/2
hours after legal sunset. We allow access during other hours on gravel bars only.

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

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

1. We allow only shotgun and archery hunting.

2. Conditions A1, A2, and A4 through A8 apply.

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

1. Conditions A1, A2, A4 through A8, and B1 apply.

2. Feral hogs may be hunted September 1 through March 15.

3. We prohibit the use of dogs while hunting black-tailed deer and feral hogs.

4. We allow the use of only shotguns not capable of holding more than three rounds and firing single non-lead shotgun slugs, and archery equipment. We prohibit the use or possession of rifles and pistols on the refuge for hunting.

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

1. Conditions A6 through A8 apply.

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

San Luis National Wildlife Refuge

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

1. You may only hunt snipe within the free-roaming portion of the San Luis Unit waterfowl hunting area.

2. You may only possess shotshells in quantities of 25 or fewer after leaving your assigned parking lot or boat launch.

3. We prohibit dropping of passengers or equipment, and stopping between designated parking areas. You must return your permits to the check stations immediately upon completion of your hunt and prior to using any tour routes or leaving the refuge vicinity.

4. We restrict hunters in the spaced blind area to their assigned blind except when they are placing decoys, traveling to and from the parking area, retrieving downed birds, or pursuing cripples.

5. We restrict hunters in the spaced zone area of the East Bear Creek Unit to their assigned zone except when they are traveling to and from the parking area, retrieving downed birds, or pursuing crippled birds.

6. Access to the Freitas Unit free-roam hunting area is by boat only with a maximum of 5 miles per hour (mph). Prohibited boats include air-thrust and/or inboard water-thrust types.

7. We prohibit the use of motorized boats in the free-roam units with the exception of the Freitas Unit.

8. We do not allow vehicle trailers of any type or size to be in the refuge hunt areas at any time or to be left unattended at any location on the refuge.

9. Dogs must remain under the immediate control of their owners at all times (see § 26.21(b) of this chapter).

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

1. You may only possess shotshells in quantities of 25 or fewer while in the field.

2. Dogs must remain under the immediate control of their owners at all times (see § 26.21(b) of this chapter).

C. Big Game Hunting.
[Reserved]

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

1. We only allow fishing during normal refuge visitation hours in designated areas as posted.

2. We only allow the use of pole and line or rod and reel to take fish, and anglers must attend their equipment at all times.

San Pablo Bay National Wildlife Refuge

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

1. We only allow hunting in the open waters of San Pablo Bay and navigable sloughs, the Cullinan Ranch Unit, and the Sears Point Dickson Ranch Unit.

2. You may only hunt from a boat. We prohibit walk-in hunting on the refuge.

3. You may possess shotshells only in quantities of 25 or fewer while in the field.

4. We only allow dogs engaged in hunting activities on the refuge during waterfowl season. We prohibit other domesticated animals or pets.

5. We allow foot access through the refuge to the State's Tolay Creek Unit (Midshipman Slough) for waterfowl hunting.

6. We allow waterfowl hunting from legal sunrise to legal sunset.

7. Hunters may enter closed areas of the refuge (tidal marshes) only to retrieve downed birds, but all weapons must be left in the designated hunting areas.

8. We prohibit launching of boats and access to the Bay or sloughs from refuge property except from designated boat launch sites (Cullinan Ranch Unit and Dickson Ranch Unit).

B. Upland Game Hunting.
We allow hunting of pheasant only in areas of the Tolay Creek Unit designated by posted signs in accordance with State regulations and subject to the following conditions:

1. You may only hunt on Wednesdays, Saturdays, and Sundays.

2. You may only possess approved nontoxic shotshells (see § 32.2(k)) in quantities of 25 or fewer while in the field.

3. You may only access the Tolay Creek Unit by foot or bicycle.

4. We only allow dogs engaged in hunting activities on the refuge during pheasant season. We prohibit other domesticated animals or pets.

C. Big Game Hunting.
[Reserved]

D. Sport Fishing.
We allow fishing on the refuge in accordance with State and Federal regulations, and subject to the following conditions:

1. The refuge is only open to fishing from legal sunrise to legal sunset.

2. We only allow fishing in the open waters of San Pablo Bay and navigable sloughs, the Cullinan Ranch Unit, and the Dickson Ranch Unit.

3. We prohibit walking through or over marsh vegetation.

4. We prohibit launching of boats and access to the Bay or sloughs from refuge property except from designated boat launch sites. We allow only nonmotorized crafts at the Cullinan Ranch Unit and Dickson Ranch Unit launch sites.

5. We only allow fishing from the shore at designated areas along the west side of Cullinan Ranch Unit in addition to the fishing and wildlife observation pier and canoe/kayak dock.

6. We allow fishing only with a pole and line or rod and reel. We prohibit bow fishing and gigging.

Tule Lake National Wildlife Refuge

A. Migratory Game Bird Hunting.
We allow hunting of geese, ducks, coots, moorhens, and snipe on designated areas of the refuge in accordance with State laws and regulations, and subject to the following conditions:

1. In the controlled waterfowl hunting area, we require a valid Refuge Recreation Pass for all hunters age 16 or older. An adult with a valid Recreation Pass must accompany hunters age 17 or younger who are hunting in the controlled area.

2. We require advance reservations for the first 2 days of the hunting season. You may obtain a reservation through the Waterfowl Lottery each year.

3. Entry hours begin at 4:30 a.m. unless otherwise posted.

4. Shooting hours end at 1 p.m. on all portions of the refuge with the following exceptions:

i. The refuge manager may designate up to 6 afternoon special youth, ladies, veteran, or disabled hunter waterfowl hunts per season.

ii. The refuge manager may designate up to 3 days per week of afternoon waterfowl hunting for the general public after December 1.

5. You select blind sites by lottery at the beginning of each hunt day. You may shoot only from within your assigned blind site.

6. We prohibit the setting of decoys in retrieving zones.

7. We prohibit air-thrust and inboard water-thrust boats.

8. We prohibit the use of all-terrain amphibious or utility-type vehicles (UTVs) in wetland units.

B. Upland Game Hunting.
We allow hunting of pheasant on designated areas of the refuge in accordance with State laws and regulations, and subject to the following condition: In the controlled pheasant hunting area, we require a valid Refuge Recreation Pass for all hunters age 16 or older. An adult with a valid Recreation Pass must accompany hunters age 17 or younger who are hunting in the controlled area.

C. Big Game Hunting.
[Reserved]

D. Sport Fishing.
[Reserved]

5. Amend § 32.25 by:
a. Under the entry Alamosa National Wildlife Refuge:
i. Removing paragraphs A.2 and A.4;
ii. Redesignating paragraph A.3 as A.2; and
iii. Revising paragraphs B and C;
b. Revising the entry Arapaho National Wildlife Refuge;
c. Revising the entry Baca National Wildlife Refuge; and
d. Revising the entry Monte Vista National Wildlife Refuge.
The revisions read as follows:

§ 32.25
Colorado.

Alamosa National Wildlife Refuge

B. Upland Game Hunting.
We allow hunting of cottontail rabbit, and black-tailed and whitetailed jackrabbit, on designated areas of the refuge in accordance with State regulations and subject to the following condition: Condition A2 applies.

C. Big Game Hunting.
We allow hunting of elk on designated areas of the refuge in accordance with State regulations.

Arapaho National Wildlife Refuge

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

1. All migratory bird hunting closes annually on December 31.

2. We allow access to the refuge one hour prior to legal shooting time.

3. We allow use of only portable stands and blinds that the hunter must remove following each day's hunt (see § 27.93 of this chapter).

4. We prohibit hunting 200 feet (60 meters) from any public use road, designated parking area, or designated public use facility located within the hunt area.

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

1. All upland game hunting closes annually on December 31.

2. Condition A2 applies.

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

1. Conditions A2 and A3 apply.

2. Elk hunters:

i. Must possess a refuge-specific permit to hunt elk; and

ii. Must attend a scheduled pre-hunt information meeting prior to hunting.

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

1. We prohibit fishing between June 1 and July 31 each year.

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

3. We prohibit ice fishing on the refuge.

4. Fishing is closed in Unit C when the refuge is open to big game rifle hunting.

5. We prohibit lead sinkers and live bait for fishing.

Baca National Wildlife Refuge

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

1. We allow Eurasian collared-dove hunting only during the mourning dove season.

2. The only acceptable methods of take are shotguns, hand-held bows, and hawking/falconry.

B. Upland Game Hunting.
We allow hunting of cottontail rabbit, and black-tailed and white-tailed jackrabbit, on designated areas of the refuge in accordance with State regulations and subject to the following condition: Shotguns, rifles firing rimfire cartridges less than .23 caliber, hand-held bows, pellet guns, slingshots, and hawking/falconry are the only acceptable methods of take.

C. Big Game Hunting.
We allow hunting of elk on designated areas of the refuge in accordance with State regulations and subject to the following condition: You must possess a valid State license and a refuge-specific permit from the State, or a valid State license issued specifically for the refuge, to hunt elk. State license selection will be made via the Colorado Parks and Wildlife hunt selection process.

D. Sport Fishing.
[Reserved]

Monte Vista National Wildlife Refuge

A. Migratory Game Bird Hunting.
We allow hunting of geese, ducks, coots, snipe, Eurasian collared-doves, and mourning doves on designated areas of the refuge in accordance with State and Federal regulations, and subject to the following conditions:

1. We allow Eurasian collared-dove hunting only during the mourning dove season.

2. The only acceptable methods of take are shotguns, hand-held bows, and hawking/falconry.

B. Upland Game Hunting.
We allow hunting of cottontail rabbit, and black-tailed and white-tailed jackrabbit, on designated areas of the refuge in

accordance with State regulations and subject to the following condition: Condition A2 applies.

C. Big Game Hunting.
We allow hunting of elk on designated areas of the refuge in accordance with State regulations and subject to the following condition: You must possess a valid State license and a refuge-specific permit from the State, or a valid State license issued specifically for the refuge, to hunt elk. State license selection will be made via the Colorado Parks and Wildlife hunt selection process.

D. Sport Fishing.
[Reserved]

§ 32.26
[Amended]

6. Amend § 32.26, the entry Stewart B. McKinney National Wildlife Refuge, by:
a. Removing paragraphs A.2, A.3, A.5, A.6, A.7, A.8, A.9, A.12, A.13, and A.14; and
b. Redesignating paragraphs A.4, A.10, and A.11 as paragraphs A.2, A.3, and A.4, respectively.

7. Amend § 32.27 by:
a. Under the entry Bombay Hook National Wildlife Refuge:
i. Revising paragraphs A and B, and the introductory text of paragraph C; and
ii. Removing paragraphs C.3 and C.4; and
b. Revising the entry Prime Hook National Wildlife Refuge.
The revisions read as follows:

§ 32.27
Delaware.

Bombay Hook National Wildlife Refuge

A. Migratory Game Bird Hunting.
We allow hunting of migratory game birds on designated areas of the refuge in accordance with State regulations and subject to the following condition: We require a permit for waterfowl hunting except on the South Upland Hunting Area.

B. Upland Game Hunting.
We allow hunting of grey squirrel, cottontail rabbit, ring-necked pheasant, bobwhite quail, raccoon, opossum, red fox, and mourning dove on designated areas of the refuge in accordance with State regulations.

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

Prime Hook National Wildlife Refuge

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

1. Refuge permits are required for waterfowl hunting except in “walk-in” areas as defined in the refuge brochure. You must obtain and possess a refuge permit from the refuge office or website.

2. You must complete and return a Migratory Bird Hunt Report (FWS Form 3-2361), available at the refuge administration office or on the refuge's website, within 15 days of the close of the season.

3. You may access the Lottery Waterfowl hunt area by boat. The maximum horsepower allowed for boat motors is 30 horsepower (HP). You must abide by the slow, no-wake zones on designated portions of refuge waterways as depicted in maps or within the brochure.

4. Disabled Waterfowl Draw Area.

i. All disabled hunters must possess and carry a State of Delaware Certified Hunter with Disabilities Card while hunting in disabled areas. We will not accept photocopies or electronic copies of these forms.

ii. Disabled hunters may have a nonhunting assistant who is age 18 or older. The assistant must remain within sight and normal voice contact, must not be engaged in hunting, and must possess a valid refuge hunt brochure signed in ink and a valid government-issued photo identification. Any assistant engaged in hunting must possess and carry all pertinent State and Federal licenses and stamps.

iii. We do not allow assistants to enter a designated disabled hunting area unless they are accompanied by a certified disabled hunter.

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

1. We do not allow squirrel hunting due to the similarity of gray squirrels and the State endangered Delmarva fox squirrel.

2. You must obtain and possess a refuge permit from the refuge office or website.

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

1. We prohibit organized deer drives.

2. Hunting on the headquarters deer hunt area will be by lottery. You must obtain and possess a refuge permit from the refuge office or website.

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

1. Turkle and Fleetwood ponds are restricted to electric trolling motors only.

2. All crabbing and fishing gear must be attended at all times. No gear may be left overnight.

8. Amend § 32.28 by:
a. Revising the entry Arthur R. Marshall Loxahatchee National Wildlife Refuge;
b. Under the entry J. N. “Ding” Darling National Wildlife Refuge:
i. Revising the introductory text of paragraph D and paragraph D.1;
ii. Removing paragraphs D.2, D.3, D.4,

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A2018-19173. Public record. Not legal advice.