2019-2020 Station-Specific Hunting and Sport Fishing Regulations

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Parts 26, 32, 36, and 71

[Docket No. FWS-HQ-NWRS-2019-0040; FXRS12610900000-190-FF09R20000]

RIN 1018-BD79

2019-2020 Station-Specific Hunting and Sport Fishing Regulations

AGENCY:

Fish and Wildlife Service, Interior.

ACTION:

Final rule.

SUMMARY:

We, the U.S. Fish and Wildlife Service (Service), open seven National Wildlife Refuges (NWRs) that are currently closed to hunting and sport fishing. In addition, we expand hunting and sport fishing at 70 other NWRs, and add pertinent station-specific regulations for other NWRs that pertain to migratory game bird hunting, upland game hunting, big game hunting, and sport fishing for the 2019-2020 season. We also formally open 15 units of the National Fish Hatchery System to hunting and sport fishing. We also add pertinent station-specific regulations that pertain to migratory game bird hunting, upland game hunting, big game hunting, and sport fishing at these 15 National Fish Hatcheries (NFHs) for the 2019-2020 season. This rule includes global administrative updates to every NWR entry in our refuge-specific regulations and the reorganization of general public use regulations. We remove approximately 2,100 regulations that will have no impact on the administration of hunting and sport fishing within the National Wildlife Refuge System. We also simplify over 2,900 refuge-specific regulations to comply with a Presidential mandate to adhere to plain language standards and to reduce the regulatory burden on the public. Lastly, we remove the provision concerning same-day airborne hunting of the regulations specific to Alaska NWRs.

DATES:

This rule is effective August 29, 2019.

FOR FURTHER INFORMATION CONTACT:

Katherine Harrigan, (703) 358-2440.

SUPPLEMENTARY INFORMATION:

Background

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 hunting and sport fishing programs to determine whether to include additional stations or whether individual station 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 station-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 station purposes or the Services 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), on hatcheries in part 71 (50 CFR part 71). We regulate hunting and sport fishing to:

• Ensure compatibility with refuge and hatchery purpose(s);

• Properly manage fish and wildlife resource(s);

• Protect other values;

• Ensure visitor safety; and

• Provide opportunities for fish- and wildlife-dependent recreation.

On many stations 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 stations, 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 station-specific hunting and sport fishing regulations when we open wildlife refuges and fish hatcheries 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. You may find previously issued station-specific regulations for hunting and sport fishing in 50 CFR part 32.

Statutory Authority

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

Amendments enacted by the Improvement Act were 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 and Hatchery 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 or hatchery 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 station-specific regulations to ensure the compatibility of the programs with the purpose(s) for which we established the refuge or hatchery and the Refuge and Hatchery System mission. We ensure initial compliance with the Administration Act and the Recreation Act for hunting and sport fishing on newly acquired land 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 parts 32 and 71. 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 June 26, 2019, we published a proposed rule in the

Federal Register

(84 FR 30314) to open 7 NWRs that are currently closed to hunting and sport fishing, formally open 15 NFHs to hunting and sport fishing, expand hunting and sport fishing at 70 other NWRs, and add pertinent station-specific regulations for other NWRs that pertain to migratory game bird hunting, upland game hunting, big game hunting, and sport fishing for the 2019-2020 season. We accepted public comments on the proposed rule for 45 days, ending August 12, 2019. By that date, we received 918 comments on the proposed rule. A large number of these comments expressed general support for the proposed changes in the rule. These comments of support came from individuals, States, and nongovernmental organizations. A number of State responses specifically expressed their support for the Service's efforts to increase access for hunters and anglers, and to more closely align to State hunting and fishing regulations, in support of Secretarial Orders 3347 and 3356, as well as Service laws, regulations, and policies. For all State recommendations we received on the rule, the Service will work closely with individual States to address these in future rulemakings. We discuss the remaining 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”.

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 Refuge System 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 individual species 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.

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

Comment (2):

We received a comment with general support for the proposed changes in the rule, but with multiple concerns at a national level. These concerns included a perceived lack of consistency with regulations for dogs on refuges, non-alignment to State hunting and fishing regulations across the National Wildlife Refuge System, the lack of clarity of the proposed changes within the rule, and frustration with the speed at which the Service promulgates rulemakings for hunting and fishing, with a desire for rulemakings to be made two or four times a year.

Our Response:

Even though State regulations may allow dogs during hunting activities, our general refuge regulations prohibit all domesticated animals at 50 CFR 26.21(b) unless authorized at 50 CFR part 32. While refuges adopt State hunting and fishing regulations to the extent practicable, they must also comply with the general refuge regulations. Therefore, in order to allow dogs during hunting activities, each refuge must authorize the use of dogs during hunting activities in their refuge-specific entries at 50 CFR part 32. As we explained in our response to

Comment (1),

all uses on refuges must be found compatible and must not conflict with refuge objectives. Some refuges have found that the use of dogs during hunting activities must be limited or not authorized in order to avoid conflict with refuge objectives. Where we do allow the use of dogs while hunting, we attempt to have consistency with regulations between refuges, especially within States and geographic regions.

The Service has implemented a national effort to review all hunting and sport fishing regulations for alignment to State regulations. A team of Service employees performed an assessment at each field station of hunting and sport fishing regulations for alignment to State regulations and potential opportunities for increased access for hunters and anglers. As a result, over the past two regulatory cycles (2018-2019 and 2019-2020), the Service has proposed to remove 43 percent of the station-specific regulations (most of which were redundant to State regulations or overly burdensome to the public) and to simplify 42 percent of the station-specific regulations in an effort to reduce the regulatory burden on the public and increase alignment to State regulations.

The Office of the Federal Register determined that the Service has been utilizing a nonstandard codification system in the Code of Federal Regulations (CFR) for 50 CFR part 32, and directed the Service to update relevant sections of subchapter C of chapter I in title 50 of the CFR as part of this rule. The update requires us to apply paragraph designations where our regulations lacked them at 50 CFR 26.34, 32.7, and 32.20 through 32.70. We must reprint the entirety of these sections of the regulations to accomplish the update. In addition, with the number of regulations removed (approximately 2,170 regulations) and simplified (approximately 2,940 regulations), as well as the large number of openings and expansions on 89 refuges and hatcheries, the length of the rule would have increased substantially if we had explained every regulatory change in the preamble of the rule in addition to setting forth all of §§ 32.20 through 32.70, as well as other relevant sections of the regulations. At the proposed rule stage, interested parties had the opportunity to compare a NWR's current regulations against the regulations we proposed for that NWR.

The Service will continue to open and expand hunting and sport fishing opportunities across refuges and hatcheries; however, as detailed in our response to

Comment (1)

above, the decision to allow hunting or sport fishing on a refuge or hatchery is not a quick or simple process. The annual regulatory cycle begins in June or July of each year for the following hunting and sport fishing season (the planning cycle for this 2019-2020 final rule began in June 2018). This annual timeline allows the Service time to collaborate closely with our State, tribal, and territorial partners, and other partners including nongovernmental organizations on potential opportunities, and to complete the requirements for opening or expanding new opportunities. Therefore, it would be impracticable to complete multiple regulatory cycles in one calendar year due to the logistics of coordinating with various partners. Once the Service determines that a hunting or sport fishing opportunity can be carried out in a manner compatible with individual station purposes and objectives, we work expeditiously to open it.

We did not make any changes to the rule as a result of this comment.

Comment (3):

The Voigt Intertribal Task Force of the Great Lakes Indian Fish and Wildlife Commission (GLIFWC) submitted comments on behalf of member tribes within ceded territories over portions of Minnesota, Wisconsin, and Michigan. The comments were specific to tribal members exercising their treaty rights on ceded territory for hunting on Crane Meadows NWR and Iron River NFH, and hunting and fishing on Whittlesey Creek NWR. They requested that there be an explicit acknowledgement in the station-specific regulations and in the Whittlesey Creek NWR fishing plan that tribal members from tribes with reserved treaty rights in the 1837 and 1842 Ceded Territories can hunt and fish pursuant to tribal regulations.

Our Response:

The Service thanks the GLIFWC for their comments. These comments are substantial and due to their complexity, we do not feel we can adequately address them within the timeframe of this year's rulemaking process. We have a long-term, cooperative, successful working relationship with GLIFWC and its member tribes on Treaty issues. Therefore, in order to facilitate the adequate review needed to address these comments, we will request to initiate a formal government-to-government consultation process with GLIFWC for next year's hunting and fishing rule development. Until we can finalize a rule in 2020, we will strive to accommodate GLIFWC tribal members who wish to exercise their Treaty rights on these refuges and fish hatcheries through our existing special-use-permit process. We look forward to the consultation process, and working with all our partners, to develop a rule for 2020-2021. Edits made specifically to the Whittlesey Creek NWR fishing plan will be discussed during the consultation process.

We made no changes to the rule as a result of this comment.

Comment (4):

We received general comments of support from the New York State Department of Environmental Conservation, the Oklahoma Department of Wildlife Conservation, and the Georgia Department of Natural Resources. However, all three States requested additional openings or expansions for hunting and sport fishing beyond what the Service proposed on June 26, 2019 (84 FR 30314).

Our Response:

The Service is committed to working with our State partners to identify additional opportunities for expansion of hunting and sport fishing on Service lands and waters. We have initiated steps to update our hunt plans for NWRs in New York. All efforts to improve opportunities for hunters and better align with State regulations for our updated hunt plans will be coordinated with the New York State Department of Environmental Conservation, and will be included next year in the Service's proposed rule for the 2020-2021 station-

specific hunting and sport fishing regulations.

A timeline, which outlines by annual regulatory cycle when these opportunities will be addressed based on available resources, has been provided to the Oklahoma Department of Wildlife Conservation. Additionally, the Service has verbally committed to working with the Oklahoma Department of Wildlife Conservation on specific refuges in Oklahoma to expand fishing opportunities within our legal framework prior to development of refuge-specific fishing plans.

A high priority for the Service's Southeast Region will be to work with the Georgia Department of Natural Resources to discuss and consider proposals to open or expand additional hunting opportunities where compatible on NWRs in Georgia in the 2020-2021 regulatory cycle. This includes proposals to open or expand alligator hunting opportunities where compatible at refuges; proposals to open or expand opportunities where compatible for small game hunting, waterfowl hunting, and archery deer hunting at additional refuges; and alignment of general administrative regulations. Another high priority for the Service's Southeast Region will be to work with the Georgia Department of Natural Resources to discuss a consistent customer service approach to quota-managed hunts and the use of a consistent online hunt permit system.

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

Comment (5):

We received a comment from the West Virginia Division of Natural Resources with five specific requests for clarification on Canaan Valley and Ohio River Islands NWRs in West Virginia. The requests included clarification of dog regulations for upland game hunting on Ohio River Islands NWR, the use of crossbows during archery deer season on both refuges, refuge access hours for anglers on Ohio River Islands NWR, the status of sport fishing on Canaan Valley NWR, and potential R3 (recruitment, retention, and reactivation) activities on both refuges.

Our Response:

The first request asked the Service to clarify whether dogs are allowed for hunting upland game on Ohio River Islands NWR, as the refuge does not have specific language authorizing dogs for this activity (see our response to

Comment (2)

). The use of pursuit dogs for upland game hunting (

i.e.,

rabbits and squirrels) is not a compatible use on Ohio River Islands NWR, and is therefore prohibited. On this NWR, we only allow dogs to locate, point, and retrieve when hunting for migratory birds.

The second request asked the Service to include crossbows during archery deer seasons on both the Ohio River Islands and Canaan Valley NWRs to align with State regulations. The Service agrees with this suggestion, and this rule authorizes the use of crossbows on both refuges during archery deer seasons.

The third request asked how anglers who are legally fishing in the Ohio River after legal sunset will be able to distinguish refuge property from State waters, as Ohio River Islands NWR will close to anglers from 1 hour after legal sunset to 1 hour before legal sunrise. The Service marks all refuge boundaries with signs that notify anglers where the refuge boundary lies.

The fourth request noted that Canaan Valley NWR is closed for sport fishing. The Service has initiated steps to open Canaan Valley NWR to sport fishing for the 2020-2021 season. Any changes or strategies that are developed during the planning process will be made in close coordination with the West Virginia Division of Natural Resources staff and through the general public. The plan will be accompanied with a compatibility determination and appropriate NEPA compliance, and draft documents will likely be ready for public review and comment in the spring of 2020.

Finally, the last request was for the Service to consider additional R3 (recruitment, retention, and reactivation) activities in addition to efforts to be more consistent with State regulations. The Service will consider new R3 initiatives at West Virginia refuges and hopes to work with the West Virginia Division of Natural Resources to coordinate capacity and opportunities.

In response to this comment, we have added regulatory language to authorize the use of crossbows during deer archery seasons at Ohio River Islands and Canaan Valley NWRs.

Comment (6):

We received a letter from the Arizona Game and Fish Department (AGFD) with support for the Service's effort to increase alignment of hunting and sport fishing regulations with State regulations, and with specific comments and recommendations for refuges within the State of Arizona.

Our Response:

The Service appreciates the comments regarding hunting and fishing in Arizona, and the ongoing coordination with the AGFD during the two meetings with our Regional Directorate Team as well as consistent coordination among the field managers within our agencies.

The Service proposed 832,170 acres across seven refuges in expanded hunting opportunities in Arizona for the 2019-2020 season and will be working with the staff of the AGFD to add new opportunities over the next 3 years. For the 2020-2021 season, we plan to propose opening new opportunities at Buenos Aires, Cabeza Prieta, Cibola, and Leslie Canyon NWRs. In the 2 years following, we plan to propose opening additional new opportunities at Havasu, Bill Williams, San Bernardino, and Imperial NWRs. The order of proposals is subject to change, and we welcome input on priority setting for the future.

The Service is working to increase hunting opportunities within the State of Arizona. We focused our attention this year on hunting and alignments where possible. Full alignment with current State hunting and fishing regulations may not be reached in all cases based on the need to balance recreational uses like hunting and fishing with sensitive and trust species like the masked bobwhite quail and Sonoran pronghorn, and public demand for other priority public uses of the National Wildlife Refuge System and public safety considerations. Specifically, though Eurasian collared-dove hunting is open year-round in Arizona, it will only be open on NWRs during dove season in order to minimize disturbance to non-targeted game species. Deer hunting and waterfowl hunting will be in partial alignment with State seasons, times, and lawful methods, and will allow additional methods. For waterfowl, we are not making hunt time changes in some units to minimize disturbance to roosting waterfowl and sandhill cranes. As for AGFD's request to include the voluntary use of nontoxic shot or ammunition, refuges that already require non-lead ammunition will continue to maintain this requirement.

We look forward to continuing our ongoing efforts to provide more hunting and fishing opportunities on NWRs in Arizona and aligning species, season dates, bag limits, and methods of take with State laws and regulations where appropriate.

We did not make any changes to the rule as a result of this comment.

Comment (7):

We received general comments of support from the Washington Department of Fish and Wildlife (WDFW) for the proposal to expand waterfowl hunting at Billy Frank Jr. Nisqually NWR, and to open San Juan Islands NWR and four NFHs (Entiat, Leavenworth, Little White Salmon, and Spring Creek NFHs) to fishing. However, the WDFW stated that they were not provided the opportunity

to review or comment on the fishing proposals prior to their release for public comment.

Our Response:

The Service appreciates the WDFW's support for the hunting expansion at Billy Frank Jr. Nisqually NWR, and expansion of fishing opportunities on San Juan Islands NWR and the four NFHs.

We acknowledge the WDFW's concern that they were not provided the opportunity to review or comment on the fishing proposals prior to their release for public comment. Notification occurred on a local level, as the Service has done in the past. The Washington Maritime National Wildlife Refuge Complex staff notified the WDFW's North Puget Sound (Region 4) office of the Service's intent to open the fishing opportunity on Turn Island, part of the San Juan Islands NWR, on January 31, 2019, several months prior to publication of the proposed rule in the

Federal Register

(84 FR 30314; June 26, 2019). The Service's authorization of shoreline fishing at San Juan Islands NWR is in compliance and consistent with the WDFW's fishing regulations for Marine Area 7 (San Juan Islands). We note that the waters surrounding the refuge are already open to fishing; we are allowing shoreline fishing from Turn Island, which is already open to other public uses.

In addition, the Service's Columbia-Pacific Northwest Region Fisheries Program staff sent a coordination letter to the WDFW's District 5 biologists on February 13, 2019, notifying them of the proposal to formally open the Little White Salmon and Spring Creek NFHs to fishing. On August 13, 2019, the WDFW's Regional Director for Region 2 confirmed that: “Communications about fishing opportunities and season structures are well-coordinated between the WDFW and the Leavenworth Fisheries Complex in central Washington, which includes the Entiat and Leavenworth NFHs. The Service communicates frequently with WDFW staff on all fish returns and seasonal opportunities to open fisheries involving Service-produced stocks. The WDFW's Region 2 staff are aware of areas that are open to these fisheries (including NFHs). The Service has worked routinely with the WDFW to explore new areas of opportunities and will continue to do so.”

The formal opening of San Juan Islands NWR and the Entiat, Leavenworth, Little White Salmon, and Spring Creek NFHs to fishing does not lead to new, modified, or revised fishing rules in the State. We are codifying an activity (fishing) that had been taking place for many decades at these facilities; the formal openings, therefore, do not represent an increase in fishing opportunities. The Service received no responses from the local WDFW offices on the proposals.

We made no changes to the rule as a result of this comment.

Comment (8):

We received general comments of support from the Idaho Department of Fish and Game (IDFG) for expansion of hunting and fishing opportunities at Minidoka NWR. However, IDFG stated that the June 26, 2019, proposed rule (84 FR 30314) falls well short of the opportunities originally identified by the IDFG in a letter submitted to the Service in November 2017, in response to Secretarial Order No. 3347 (U.S. Dept. of the Interior) to “expand access significantly for recreational hunting and fishing on public lands,” and “to improve recreational hunting and fishing cooperation, consultation, and communication with [S]tate wildlife managers.”

Our Response:

The proposed rule for the 2019-2020 season includes opening Minidoka NWR to archery elk hunting in an area open to waterfowl and upland game hunting, and expanding the boating season by one month to provide additional fishing opportunities. As the Service acknowledged in a July 23, 2019, meeting between Service staff and the IDFG, the proposed rule's two changes for Idaho are just the beginning of a larger effort to work with the State of Idaho in a phased approach to identify additional opportunities for expansion of hunting and sport fishing on Service lands and waters. The Service looks forward to working with the IDFG in the coming months to develop additional proposals for the 2020-2021 season.

We made no changes to the rule as a result of this comment.

Comment (9):

We received a comment from the Alaska Department of Fish and Game regarding the proposed changes to 50 CFR part 36. While the State was supportive of the removal of the same-day airborne hunting regulation in alignment with State hunting statute (Alaska Statutes (AS) 16.05.783) and State hunting regulations (Alaska Administrative Code (AAC) at 5 AAC 92.085), the State did not support the other proposed changes to part 36. The State also requested that the Service undertake future rulemakings for removal of other regulations.

Our Response:

We recognize the State of Alaska's concerns about the proposed amended regulations. We will work in coordination with the State on the future rulemaking as noted in their comment. In response, the only regulatory change we are making to 50 CFR part 36 in this rule is to remove the restriction at 50 CFR 36.32(c)(1)(iv) concerning same-day airborne hunting, as consistent with State regulations.

Comment (10):

We received a few comments that opposed the proposal to remove the restriction at 50 CFR 36.32(c)(1)(iv) concerning same-day airborne hunting on national wildlife refuge lands in Alaska. The commenters felt that the Service had failed to explain our change in position, and that with the removal of this restriction, the State may try to implement predator control programs on Alaska refuges. The commenters also stated that there would be a risk that the State could change their regulations, therefore allowing the same-day airborne take of wolves and wolverines.

Our Response:

The Service initiated this rulemaking process to standardize and clarify our regulations. Further, in response to Secretarial Orders 3347 and 3356, we organized a national team to review refuge-specific regulations for consistency with State regulations specifically focused on non-subsistence hunting and fishing uses. Through this evaluation, we determined that the same-day airborne regulations were redundant with existing State of Alaska regulations, and we are amending our regulations accordingly. 50 CFR 36.32(c)(1)(iv) duplicates a State of Alaska law and regulation (AS 16.05.783 and 5 AAC 92.085) that already prohibits same-day airborne hunting of wolves and wolverines. For that reason, such practices will continue to be prohibited on NWRs in Alaska despite the removal of 50 CFR 36.32(c)(1)(iv). If the State of Alaska changes its same-day airborne regulation to permit this activity for certain species, then the Service may initiate a rulemaking process to reinstate its Alaska-specific regulation prohibiting same-day airborne hunting.

Active predator control on refuges by the State of Alaska is not allowed unless the State is granted a permit from a refuge manager. In this manner, the Service retains its authority and control over this activity. Moreover, the Service remains authorized to institute emergency closure measures under 50 CFR 36.42, or to promulgate new regulations to ensure protection of resources and compliance with the Service's statutory obligations. Thus, the Service's management authority is not being abrogated.

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

Comment (11):

We received a number of comments, including the Arizona Game and Fish Department, 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. These comments also requested that falconry be considered a “regular method of take” and not a special hunt on refuges. 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 (including specific methods of take) has been determined to be 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 Fish and Wildlife Service Manual (FW) 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 or other methods of take. A refuge manager has discretion to restrict hunting and types of hunting, specifically falconry and other methods of take, 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 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 (12):

We received a comment with general support for the proposed changes in the rule but with concerns that the hunting and sport fishing seasons on the refuges and hatcheries had no ending date, and would be open year-round.

Our Response:

Hunting and sport fishing seasons on refuges and hatcheries align to State hunting and sport fishing regulations when opened and must not be more liberal than State regulations. Refuges and hatcheries may designate more restrictive season dates as necessary in order to make the activity compatible with the refuge or hatchery mission and purpose. Some State hunting or sport fishing opportunities may be open year-round. Therefore, the hunting and sport fishing opportunities in this rule either open and close at the same time as State hunting and sport fishing, or are limited to a shorter amount of time for biological purposes or to balance public uses on the station, as is generally the case for hunting opportunities where the State is open year-round. None of the hunting openings or expansions within this rule are open year-round.

We did not make any changes to the rule as a result of this comment.

Comment (13):

We received a substantial number of comments requesting that the Service open all lands to hunting and sport fishing, and not pursue any action to close lands to hunting or sport fishing, or impose any restrictions on hunters or anglers.

Our Response:

Through this final rule, the Service is opening or expanding hunting and/or sport fishing opportunities on over 1.4 million acres at 89 stations (refuges and hatcheries) across 37 States. This is the largest number of openings and expansions the Service has proposed in a single rule, and is the result of a national effort to increase access for hunters and anglers on Service lands and waters. In addition, this final rule removes over 2,100 regulations and simplifies over 2,900 regulations, in an effort to achieve greater alignment with State regulations and reduce the regulatory burden on the public.

We made no changes to the rule as a result of these comments.

Comment (14):

Multiple commenters said the Service should increase predator management by using any and all tools or methods in order to decrease depredation of both game animals and livestock in Idaho.

Our Response:

Refuge managers consider predator management on a case-by-case basis. As with all species, a refuge manager makes a decision about managing predator populations, including allowing predatory species to be hunted, only after careful examination to ensure the action would comply with relevant laws, policies, and directives. The Administration Act, as amended, directs the Service to manage refuges for “biological integrity, diversity, and environmental health.” Predators play a critical role in the integrity, diversity, and overall health of ecosystems, so managing predators is not always appropriate. Before beginning a predator management protocol, or allowing predators to be hunted, a refuge manager would have to ensure that these actions would not threaten the integrity, diversity, or health of the refuge ecosystem. The manager would also have to determine that the actions were compatible with refuge purposes and was in keeping with the refuge's CCP and other step-down plans. The Service manages 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. In addition, the refuge manager would have to analyze the impacts of the proposed actions through the NEPA process, which would include the opportunity for public comment. Finally, the proposed actions would be open to public comment through the rulemaking process.

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

Comment (15):

One commenter felt that predators (coyotes, bobcats, coyotes, cougars, bears, and wolves) should not be hunted on refuges due to their biological importance in refuge ecosystems, and that the cumulative impacts of hunting these species was not thoroughly analyzed by the Service. The commenter also felt that “trophy hunting” of these species is inappropriate. They also felt that hunting of these species is unethical and the common methods of take for these species, including baiting, hounding, and trapping, are unsportsmanlike. Another commenter suggested that predators be introduced onto the refuges as a management tool rather than using hunters.

Our Response:

As stated in our response to

Comment (14),

refuge managers consider predator management on a case-by-case basis. As with all species, a refuge manager makes a decision about managing predator populations, including allowing predatory species to be hunted, only after careful examination to ensure the action would comply with relevant laws, policies, and directives. We considered the impacts of hunting on predator populations through individual environmental assessments for each of the proposed hunting openings and expansions. We also consider the cumulative impacts of all proposed hunts in the 2019-2020 cumulative impacts report accompanying the proposed rule.

The Service does not attempt to define or authorize “trophy hunting” in any of our laws, regulations, or policies concerning hunting. We follow State hunting and fishing regulations, except for where we are more restrictive on individual stations, including State regulations concerning responsible hunting, or prohibitions on wanton waste (defined as “to intentionally waste something negligently or inappropriately”). As stated in our response to

Comment (1),

we only allow hunting on refuges and hatcheries when we have determined that the opportunity is sustainable and compatible.

Most of the predator species listed, if they are allowed to be hunted on a refuge, are only allowed to be taken incidentally during other refuge hunts with only weapons authorized for that hunt. Baiting is prohibited on all refuges outside Alaska under 50 CFR 32.2(h), unless specifically authorized under station-specific regulations, and it is uncommon for baiting to be authorized. The use of dogs for hounding is prohibited on refuges by 50 CFR 26.21(b) unless authorized by station-specific regulations, and many refuges only authorize the use of dogs for retrieval of migratory birds, upland game birds, and small game. Most refuges that allow dogs require the dogs to be under the immediate control of the hunter at all times, or leashed unless actively retrieving an animal.

Under the Improvement Act, trapping is not considered a priority wildlife-dependent recreational use of the Refuge System. Trapping programs on refuges are generally implemented to accomplish wildlife management objectives. These objectives vary between refuges, and are often an essential tool in meeting refuge management objectives (

e.g.,

trapping of predators may be necessary to accomplish waterfowl production objectives or to protect an endangered species).

As for utilizing predators as a management tool instead of hunters, we would need to follow the same process as outlined in our response to

Comment (14).

The Administration Act, as amended, directs the Service to manage refuges for “biological integrity, diversity, and environmental health.” Predators and prey species both play a critical role in the integrity, diversity, and overall health of ecosystems, so management actions concerning all species must be considered on a station-by-station basis.

We did not make any changes to the rule as a result of this comment, though we clarified our cumulative impacts report as a result of this comment.

Comment (16):

One commenter was of the opinion that hunting can disrupt the natural balance of the ecosystem and conflicts with the mission of the NWRS. The commenter also felt that the Service relied on outdated and insufficient data to support the proposed openings and expansions, that increased hunting would have negative impacts on target species and refuge ecosystems, and that the Service needs to publish current population data for all target species at the refuge and national levels. The commenter also felt that the Service did not properly analyze the cumulative impacts of hunting on “keystone species,” including federally listed species and migratory birds.

Our Response:

We do not allow hunting on a refuge if it is found incompatible with that individual refuge's purposes or with the mission of the NWRS. In addition, the Service's biological integrity, diversity, and environmental health (BIDEH) policy (601 FW 3) guides decision-making with respect to management of activities on refuges, including hunting. Service biologists and wildlife professionals, in consultation with the State, determine the optimal number of each game animal that should reside in an ecosystem and then establish hunt parameters (

e.g.,

bag limits, sex ratios) based on those analyses. We carefully consider how a proposed hunt fits with individual refuge goals, objectives, and strategies before allowing the hunt. None of the known, estimated, or projected harvests of migratory game birds, upland game, or big game species in this rulemaking is expected to have significant adverse direct, indirect, or cumulative impacts to hunted populations, non-hunted wildlife, endangered or threatened species, plant or habitat resources, wildlife-dependent recreation, prescribed fire, air, soil, water, cultural resources, refuge facilities, solitude, or socio-economics. We analyze these impacts not only in each refuge's NEPA document, but also in the 2019-2020 cumulative impacts report.

The Service does not collect population data at the national level, and is able to use State population data when analyzing the impacts at individual stations or within a State. When determining the compatibility of an activity, Service policy (603 FW 2) directs station managers to utilize all available data in exercising their sound professional judgement in the decision-making process.

“Keystone species” are species on which other species in an ecosystem depend, and if these species were removed, the ecosystem would change drastically. As stated above, the Service thoroughly analyzes the impacts of allowing species to be hunted, including keystone species, both in station NEPA documents and in the 2019-2020 cumulative impacts report. For federally listed species, the Service is required to complete an Endangered Species Act (ESA; 16 U.S.C. 1531

et seq.

) section 7 consultation prior to opening hunting of a species. The Service does not allow hunting if its effect would conflict with refuge purposes or the mission of the Service, including significant cumulative effects on individual species, federally listed species, or migratory birds.

We made no changes to the rule as a result of this comment, though we clarified our cumulative impacts report as a result of this comment.

Comment (17):

Two commenters asserted that we should prepare an environmental impact statement (EIS) before proposing to expand hunting and fishing opportunities on refuges or hatcheries. According to the commenter, the proposed rule is of sufficient context and intensity to indicate that it is significant enough to warrant an EIS, and that the Service did not adequately analyze the cumulative impacts across the country on all huntable populations with the cumulative impacts report.

Our Response:

The Service disagrees with the assertion that we should prepare an EIS before proposing expanded hunting and fishing opportunities on refuges or hatcheries. The Service's NEPA-related analysis of the impacts of the proposed rule demonstrated that the rule would not have significant impacts at the local, regional, or national level, and the commenter has provided no additional information that would change our analysis. As discussed above, we annually conduct management activities on refuges and hatcheries that minimize or offset impacts of hunting and fishing on physical and cultural resources, including establishing designated areas for hunting; restricting levels of use; confining access and travel to designated locations; providing education programs and materials for hunters, anglers, and other users; and conducting law enforcement activities.

The Service completed individual environmental assessments for or applied categorical exclusions to 89 refuges and hatcheries in compliance with NEPA to evaluate the impacts of opening or expanding hunting and fishing opportunities on the stations in connection with this rulemaking. These environmental assessments and

categorical exclusions underwent regional and national review to address and consider these actions from a multi-State or flyway perspective, and to consider the cumulative impacts from this larger geographical context. The 2019-2020 cumulative impacts report concludes that, after analyzing the impacts of these 89 environmental assessments and categorical exclusions collectively with the refuges that already allow hunting and fishing, the rule will not result in significant adverse impacts to the human environment. A court found that this approach was an appropriate way for the Service to analyze the impacts of the rule in compliance with NEPA (see

Fund for Animals

v.

Hall,

777 F. Supp. 2d 92, 105 (D.D.C. 2011)). Therefore, we did not find that the impacts to the human environment were severe, as the commenter suggests.

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

Comment (18):

One commenter stated that the Service is improperly deferring to State wildlife management authority with the proposed changes in the rule.

Our Response:

The Service works closely with our State partners in managing hunting and fishing programs on refuge lands. As stated in our response to

Comment (1),

the Service generally allows hunting or fishing of wildlife on refuges and hatcheries consistent with State regulations, including seasons and bag limits. Refuge-specific hunting and fishing 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. Our authority to do so stems from the Administration Act, as amended, which states, “when the Secretary [of the Interior] determines that a proposed wildlife-dependent recreational use is a compatible use within a refuge, that activity should be facilitated, subject to such restrictions or regulations as may be necessary, reasonable, and appropriate” (16 U.S.C. 668dd(a)(3)(D)), and “[r]egulations permitting hunting or fishing of fish and resident wildlife within the [Refuge] System shall be, to the extent practicable, consistent with State fish and wildlife laws, regulations, and management plans” (16 U.S.C. 668dd(m)).

We made no changes to the rule as a result of this comment.

Comment (19):

A few commenters stated that the majority of Americans do not hunt and were of the opinion that allowing hunting would impede “non-consumptive” uses of refuges, including photography and wildlife viewing. These comments expressed that hunting is contrary to public interest.

Our Response:

Congress, through the Administration Act, as amended, envisioned that hunting, fishing, wildlife observation and photography, and environmental education and interpretation would all be treated as priority public uses of the NWRS. Therefore, the Service facilitates all of these uses on refuges, as long as they are found compatible with the purposes of the specific refuge and the mission of the NWRS. For this rulemaking, we analyzed impacts of the proposed changes to hunting programs at each refuge and hatchery through the NEPA process, which included analyzing impacts to other wildlife-dependent uses. The 74 refuges and 15 hatcheries for which we are opening or expanding hunting and/or sport fishing in this rulemaking completed environmental assessments (EAs) or applied categorical exclusions as previous actions were considered under an EA. We also provided opportunities for the public to comment on the proposed hunt opening and expansions when we developed the CCP, hunt plan, and compatibility determination, and through the NEPA process. When looking at the 89 EAs and categorical exclusions completed for this specific rulemaking, collectively with the refuges that already allow for hunting in the cumulative impacts report, the Service has determined that there are no significant impacts to other wildlife-dependent recreation opportunities.

The refuges and hatcheries in this rulemaking use a variety of techniques to reduce user conflict, such as specific hunt seasons, limited hunting hours, restricting which parts of the station are open to hunting, and restricting the number of hunters. Station managers also use public outreach tools, such as signs and brochures, to make users aware of hunting and their options for minimizing conflict. Most stations have station-specific regulations to improve the quality of the hunting experience as well as provide for quality wildlife-dependent experiences for other users. The Service is aware of several studies showing a correlation between increased hunting and decreased wildlife sightings, which underscores the importance of using the aforementioned techniques, particularly time and space zoning of hunting, to ensure a quality experience for all refuge and hatchery visitors. More information on how a specific station facilitates various wildlife-dependent recreation opportunities can be found in the station's CCP, hunt plan, and/or station-specific EA or environmental impact statement (EIS). The public may contact the specific refuge for any of these materials.

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

Comment (20):

We received one comment with concern that the increase in openings and expansions of hunting and sport fishing would overwhelm existing law enforcement capacity and have a detrimental impact to public safety, wildlife, and other Service resources.

Our Response:

As we discussed in our response to

Comment (1),

in order to open or expand hunting or sport fishing on a refuge, we must find the activity compatible. In order to find an activity compatible, the activity must not “materially interfere or detract from” public safety, wildlife resources, or the purpose of the refuge. For all 89 openings and expansions in this rule, we determined that the proposed actions would not have these detrimental impacts and found the actions to be compatible.

Service policy (603 FW 2.12(7)) requires station managers to determine that adequate resources (including personnel, which would include law enforcement) exist or can be provided by the Service or a partner to properly develop, operate, and maintain the use in a way that will not materially interfere with or detract from fulfillment of the refuge purpose(s) and the Service mission. If resources are lacking for establishment or continuation of wildlife-dependent recreational uses, the refuge manager will make reasonable efforts to obtain additional resources or outside assistance from States, other public agencies, local communities, and/or private and nonprofit groups before determining that the use is not compatible. When Service law enforcement resources are lacking, we are often able to rely upon State fish and game law-enforcement capacity to assist in enforcement of hunting and fishing regulations.

We made no changes to the rule based on this comment, though we clarified our cumulative impacts report based on this comment.

Comment (21):

We received one comment with concern that the openings and expansions at 14 refuges that are also designated as Urban National Wildlife Refuges as part of the Urban Wildlife Conservation Program would have potential negative effects on the management goals of these refuges.

Our Response:

Standard 2 of

The Urban Standards of Excellence

states, “[c]onnect urban people with nature via stepping stones of engagement.” Urban NWRs provide opportunities to

introduce new audiences to hunting and fishing activities, and include them in outdoor traditions. Hunting and fishing activities can provide urban dwellers with opportunities to experience the outdoors, obtain organic protein, and learn new skills. Offering hunting and fishing opportunities on urban refuges can also help to re-engage city dwellers who used to enjoy hunting or fishing. Providing hunting and fishing opportunities near population centers can also increase license and equipment sales, which benefit wildlife conservation programs.

As described in our response to

Comment (19),

refuge managers, both urban and rural, balance refuge uses by opening and closing areas to activities at different times for a variety of reasons. They may include management actions (prescribed burning, constructing water control structures); safety (flooding, downed timber); and reduction of conflicts between users (hunters vs. wildlife-viewers). Restricting an area to hunting or fishing for short periods of time to allow that use is simply using time management and zoning to reduce conflicts.

In addition, urban refuges often have an overabundance of deer, geese, or other animals that are negatively impacting refuge resources. Hunt opportunities allow refuges and States to manage the populations, while providing opportunities for citizens to enjoy the outdoors and learn about population management.

We made no changes to the rule as result of this comment.

Comment (22):

We received a comment in general support of the proposed changes to increase hunting and sport fishing, specifically at Laguna Atascosa and Lower Rio Grande Valley NWRs. However, this commenter expressed that if the refuges are going to hold lotteries, then hunters from the local area near the refuge should be given “preference points” so that these local hunters have a greater chance of being chosen for the hunt, similar to the lottery system used by the Texas Parks and Wildlife Department (TPWD).

Our Response:

Both Laguna Atascosa and Lower Rio Grande Valley National Wildlife Refuges administer their lotteries through the TPWD lottery system. TPWD already has a system of “preference points” available for all hunters that are not drawn for a hunt. TPWD gives greater weight to unsuccessful applicants for future year drawings. This system likely helps local hunters over time as compared to out-of-town hunters who are less likely to reapply over numerous years for our hunts. Otherwise, there is currently no geographical weighting of applicants to favor applicants from the surrounding area within the TPWD lottery system.

We did not make any changes to the rule as a result of this comment.

Comment (23):

We received two comments concerning Anahuac, McFaddin, and Texas Point NWRs, and the lack of consistency among the three refuges and their boating regulations, despite their close proximity to each other. The commenters pointed out that as proposed, these regulations do not meet the compatibility standards as listed in the stipulations necessary to ensure compatibility in the CCP covering all three refuges.

Our Response:

We agree with the comment, and as a result of this comment, we have added clarifying language to the station-specific regulations for Anahuac, McFaddin, and Texas Point NWRs regarding the types of boats allowed and horsepower restrictions. These revisions ensure consistency for the applicable provisions across all three refuges.

Comment (24):

We received two comments requesting that Erie NWR reopen woodcock hunting on the refuge.

Our Response:

Woodcock hunting has been open on Erie NWR previously and was only closed for a number of years to allow the Service to conduct research on the refuge. The refuge has coordinated with the State of Pennsylvania on reopening woodcock hunting, and has determined that the use should be reopened to the public. All requirements to allowing the use have already been completed.

In response to these comments, we have added woodcock to the list of species available to hunt for Erie NWR.

Comment (25):

We received a substantial number of comments for Hutton Lake NWR on the refuge's environmental assessment and hunt plan expressing concern that allowing hunting could cause disturbance to wildlife and potentially cause conflict with other refuge visitors.

Our Response:

Based on these comments, the Service is adopting a youth-only waterfowl hunt. Youth hunters would be able to hunt during the Wyoming Zone C2 “special youth waterfowl hunting days.” The Service has determined that the short temporal nature of the hunt will result in minimal disturbance to wildlife and other refuge users in the closed area. We intend to conduct a more detailed review of this issue in the future.

As a result of this comment, we have updated the language in the station-specific regulations for Hutton Lake NWR to allow only youth waterfowl hunting and only on certain days.

Comment (26):

Hutton Lake and Medicine Lake NWRs received a comment from the Northern Cheyenne Tribe requesting monitoring measures to ensure continued cultural resource protections of sites.

Our Response:

The Service will monitor known cultural resources. Staff will monitor cultural resources so that they may note any unusual activity or disturbance. The Service's cultural resource staff will visit the resources and note any changes in condition when possible, taking appropriate action. The cultural resources staff will be notified of discovery of previously unknown resources and ensure compliance with regulations and procedures.

We did not make any changes to the rule as a result of this comment.

Comment (27):

Hutton Lake NWR received a comment from the Cheyenne and Arapahoe Tribes requesting continued protection and compliance with regulations and procedures pertaining to traditional cultural properties.

Our Response:

The Service remains committed to continued protection of cultural resource sites and compliance with regulation and procedures.

We did not make any changes to the rule as a result of this comment.

Comment (28):

One commenter felt that the Service did not properly consider the cumulative impacts of hunting beaver at Cross Creeks and Salt Plains NWRs.

Our Response:

Both environmental assessments for Cross Creeks NWR and Salt Plains NWR sufficiently analyze and discuss the cumulative impacts of allowing beavers to be taken incidentally in addition to other refuge hunts. Beavers are already managed by refuge staff to prevent habitat damage caused by beaver dams, which can have negative impacts on vegetation, moist soil units, and other refuge resources. The Service does not anticipate a substantial take of beavers, as these refuges are not allowing standalone beaver hunting. Hunters will be allowed to take beavers incidentally during other designated refuge hunts.

We did not make any changes to the rule as a result of this comment.

Comment (29):

We received one comment specific to Tamarac and Crane Meadows NWRs, and to Iron River NFH, suggesting these stations undergo further environmental review prior to approving the proposed rule, and that these stations are especially deficient in their analysis of impacts of hunting, hounding, and trapping of bobcats, coyotes, and bears (including impacts to ESA-listed species) on the Federal lands. Furthermore, they stated that

incidental take of wolves and lynx was not sufficiently analyzed in all three plans and the ESA consultation was not available for public review. Specific to Tamarac NWR, they stated that there was a violation of the Administrative Procedure Act (5 U.S.C. subchapter II) by failing to explain a change in position in allowing the use of dogs to hunt bobcats in the proposed rule. For Iron River NFH, they commented on opening to the hounding of bears in wolf habitat based on possible conflicts with wolves. Additionally, they expressed concerns about the adequacy of an environmental assessment to evaluate the environmental impacts of opening to hunting using all methods of take, including hounding and trapping, described in State of Wisconsin hunting regulations.

Our Response:

To be clear, hounding is not allowed for hunting furbearers on Crane Meadows and Tamarac NWRs. Both of these refuges have refuge-specific regulations outlined in their hunting brochures available on their websites that state that the use of dogs for furbearer hunting is prohibited on the refuge. Additionally, the use of dogs for hunting species of waterfowl and upland game is only allowed if the dog is under the immediate control of the hunter at all times, as described in the proposed rule. To clarify that the use of dogs to hunt furbearers is prohibited on Tamarac and Crane Meadows NWRs, we add the following condition to relevant section of this final rule: “We allow the use of dogs when hunting, except when hunting furbearers, provided the dog is under the immediate control of the hunter at all times.” Bobcats and coyotes are considered furbearers under State of Minnesota regulations. At no point in time have dogs been allowed for furbearer hunting on Tamarac NWR; thus, no violation of the Administrative Procedure Act has occurred. Iron River NFH is allowing the use of dogs for all hunting as defined by the State of Wisconsin hunting regulations to maintain consistency with surrounding State and Federal land. In both cases, the stations are aligning with State hunting regulations outside the use of dogs for furbearers.

As stated in our response to

Comment (15),

trapping is not considered a priority wildlife-dependent recreational use of the Refuge System, and is therefore not considered for the purposes of this rule.

Intra-Service consultations conducted under the ESA's section 7 (section 7 consultations) are considered internal documents between the Division of Ecological Services and other Service programs such as Fisheries or Refuges. Final section 7 consultations were completed for all stations prior to the local public comment period on the refuges' NEPA documents and draft hunt plans that started May 1, 2019. These documents are not required to be made available for public comment; however, they can be made available upon request. Within their completed section 7 consultation, Iron River made a “no effect” determination for Canada lynx and gray wolf. The section 7 consultation points out that although the gray wolf occurs in Bayfield County, there is no evidence of gray wolves on Iron River NFH. Therefore, there would be no conflict with wolves by allowing hounding of bear. Within their section 7 consultation, Crane Meadows NWR determined that the hunting of coyotes and bobcats “may affect” but likely will not “adversely affect” Canada lynx and gray wolf due to those species' current ranges and distributions and to sightings of those species on the refuge being very rare. Tamarac NWR determined that implementing the proposed hunt plan “may affect, but not adversely affect” gray wolf populations because: (1) The current wolf density on the refuge is considered viable and sustainable, and juveniles natal to the refuge are dispersing to form other packs outside the refuge; (2) most of the expansion of hunting opportunities involves non-prey species for wolves; (3) the disturbance from activities associated with the new species proposed for hunting is expected to be minimal and not significantly more than what exists from other current recreational uses; (4) access for the newly proposed species and seasons will remain similar to what currently exists; (5) gray wolves established themselves on Tamarac NWR since the last amended hunt plan (1994) during an era where an established hunt program existed for migratory birds, small game, big game, and furbearers; (6) the timing of the proposed expanded hunting seasons falls primarily outside the breeding and denning period for wolf activity, which is a critical period in their life stage; and (7) a significant area, which encompasses the core home range for wolves using the refuge, is not hunted. Tamarac NWR falls outside the current lynx range and designated critical habitat. The evaluation provided by these stations' environmental assessments demonstrate no significant impacts as defined by NEPA (which is corroborated by the completed Intra-Service section 7 consultations).

The States of Minnesota and Wisconsin provide hunters with guidance in their regulations on how to tell the difference between wolves and coyotes. Wisconsin also provides guidance on how to tell the difference between lynx and bobcats. This education outreach will be augmented by outreach at the station to reduce the potential for incidental take of lynx and wolves. Managers will monitor potential incidental take of these species and respond accordingly. Wolves are currently protected under the ESA, and no final determination about their proposed delisting (84 FR 9648; March 15, 2019) has been made.

The environmental assessment completed for Iron River NFH sufficiently reviewed all methods of take when estimating potential harvest of species recommended for opening to hunting within their hunt plan, and found that all Wisconsin-related methods of take for the species proposed to be hunted would not have significant impact on the human environment.

Comment (30):

We received 48 public comments on the Monomoy NWR draft hunt plan and comments from multiple organizations on the 2019-2020 station-specific hunting and sport fishing proposed rule. Collectively, these comments indicate there is strong opposition and little support for opening Monomoy NWR to coyote hunting. Locally, only three individuals supported the proposal, with two of those supporting specifically for the purposes of predator management for bird protection.

Our Response:

Significant concerns were raised during the comment period by the U.S. Department of Commerce's National Oceanic and Atmospheric Administration (NOAA) and other local and national nonprofit conservation organizations regarding the likelihood for seal disturbance. The Service did not complete the necessary coordination with NOAA to identify Marine Mammal Protection Act (16 U.S.C. 1361

et seq.

) concerns prior to the release of the environmental assessment. Therefore, in this rule, the Service will not allow for a coyote hunting program at Monomoy NWR for 2019-2020. Monomoy NWR will implement the waterfowl hunting program in 2019-2020, as proposed.

Changes From the Proposed Rule

As discussed above, under Summary of Comments and Responses, based on comments we received on the proposed rule and NEPA documents for individual refuges and hatcheries, we made changes in this final rule to Erie, Monomoy, Hutton Lake, Anahuac, McFaddin, Texas Point, Tamarac, Ohio River Islands, and Canaan Valley NWRs. Specifically, in response to comments,

we added woodcock to the list of species open to hunting under migratory game birds on Erie NWR. Woodcock was open previously on the refuge and was temporarily closed to allow the refuge to conduct research. In coordination with the State of Pennsylvania, the Service has determined that the previous NEPA documents and compatibility determination are still valid, and with this rule, we open woodcock hunting on the refuge. In response to comments received on the draft hunt plan for Monomoy NWR, we will not be implementing a coyote-hunting program on the refuge in 2019-2020. Therefore, we have removed the proposed coyote regulations from the station-specific entry for Monomoy NWR. In response to comments received on the refuge's NEPA documents, Hutton Lake NWR will choose a different alternative from their environmental assessment and allow only youth waterfowl hunting in alignment with the State youth waterfowl hunt. In response to comments, we added clarifying language regarding boating regulations to Anahuac, McFaddin, and Texas Point NWRs. We also added clarifying language for Tamarac and Crane Meadows NWRs regarding the prohibition of dogs when hunting furbearers. In response to comments, on both Ohio River Islands and Canaan Valley NWRs, we added crossbow to the list of allowed weapons during deer archery seasons.

In response to comments received on the proposed rule, we limit our changes to 50 CFR 36.32 to only the removal of the same-day airborne hunting restriction at § 36.32(c)(1)(iv). In addition, we made several small edits to clarify or correct, like revising the name of a permit from “signed brochure” to “check-in card,” and editing a species list from “fox, squirrel” to “fox squirrel.” Also, throughout this rule, we have changed the name of “Dexter National Fish Hatchery” to the correct name, “Southwest Native Aquatic Resources and Recovery Center.” This name correction does not change the provisions in this final rule applicable to the Southwest Native Aquatic Resources and Recovery Center.

Effective Date

We are making this rule effective upon public inspection (see

DATES

, above). We provided a 45-day public comment period for the June 26, 2019, proposed rule (84 FR 30314). We have determined that any further delay in implementing these station-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' and hatcheries' hunting and sport 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 and hatcheries that we would otherwise prohibit. Therefore, we find good cause under 5 U.S.C. 553(d)(3) to make this rule effective upon public inspection.

Amendments to Existing Regulations

Updates to Hunting and Fishing Opportunities on NWRs and NFHs

This document codifies in the Code of Federal Regulations all of the Service's hunting and/or sport fishing regulations updated since the last time we published a rule amending these regulations (83 FR 45758; September 10, 2018) and that are applicable at Refuge System and Hatchery System units previously opened to hunting and/or sport fishing. This rule better informs the general public of the regulations at each station, increases understanding and compliance with these regulations, and makes enforcement of these regulations more efficient. In addition to now finding these regulations in 50 CFR parts 32 and 71, visitors to our refuges and hatcheries may find them reiterated in literature distributed by each station or posted on signs.

Table 1—Changes for 2019-2020 Hunting/Sport Fishing Season

Station

State

Migratory bird

hunting

Upland game

hunting

Big game

hunting

Sport fishing

Bandon Marsh

Oregon

Already Open

Closed

Closed

D.

Bill Williams River

Arizona

E

E

Already Open

Already Open.

Billy Frank Jr. Nisqually

Washington

D

Closed

Closed

Already Open.

Bitter Lake

New Mexico

E

E

Already Open

Closed.

Bond Swamp

Georgia

Already Open

E

E

Already Open.

Bosque del Apache

New Mexico

E

E

E

Already Open.

Boyer Chute

Nebraska

D

Closed

C/E

Already Open.

Buenos Aires

Arizona

Already Open

E

E

Closed.

Cedar Point

Ohio

Closed

Closed

Already Open

D.

Cherry Valley

Pennsylvania

Already Open

Already Open

Already Open

B.

Cibola

Arizona

E

E

E

Already Open.

Clarks River

Kentucky

Already Open

E

Already Open

Already Open.

Colusa

California

Already Open

C

Closed

Closed.

Crab Orchard

Illinois

C/E

C/E

E

Already Open.

Craig Brook NFH

Maine

Closed

Closed

Closed

A.

Crane Meadows

Minnesota

B

B

D

Closed.

Cross Creeks

Tennessee

Already Open

C

E

Already Open.

Currituck

North Carolina

E

Closed

E

Closed.

Cypress Creek

Illinois

C/D

C/D

D

Already Open.

Deep Fork

Oklahoma

C

Already Open

E

Already Open.

Delevan

California

Already Open

C

Closed

Closed.

Desoto

Iowa and Nebraska

Closed

Already Open

E

Already Open.

Edenton NFH

North Carolina

Closed

Closed

Closed

A.

Entiat NFH

Washington

Closed

Closed

Closed

A.

Grand Bay

Mississippi and Alabama

E

Already Open

Already Open

Closed.

Great Bay

New Hampshire

Already Open

Closed

C/E

Closed.

Great River

Illinois and Missouri

Already Open

E

E

Already Open.

Green Bay

Wisconsin

Closed

Closed

A

A.

Hackmatack

Illinois and Wisconsin

Already Open

Already Open

Already Open

B.

Hagerman

Texas

D

D

D

Already Open.

Harrison Lake NFH

Virginia

Closed

Closed

Closed

A.

Havasu

Arizona

E

Already Open

Already Open

Already Open.

Hotchkiss NFH

Colorado

Closed

Closed

Closed

A.

Hutton Lake

Wyoming

A

Closed

Closed

Closed.

Imperial

Arizona

E

E

Already Open

Already Open.

Inks Dam NFH

Texas

Closed

Closed

Closed

A.

Iron River NFH

Wisconsin

A

A

A

Closed.

Key Cave

Alabama

C

C

B

Closed.

Kirwin

Kansas

D

Already Open

Already Open

Already Open.

Kofa

Arizona

Closed

E

Already Open

Closed.

Laguna Atascosa

Texas

Closed

Closed

E

Already Open.

Las Vegas

New Mexico

E

Closed

Closed

Closed.

Leadville NFH

Colorado

A

A

A

A.

Leavenworth NFH

Washington

Closed

Closed

Closed

A.

Little River

Oklahoma

Already Open

C

E

Already Open.

Little White Salmon NFH

Washington

Closed

Closed

Closed

A.

Lower Rio Grande Valley

Texas

Already Open

Closed

E

Closed.

Marin Islands

California

Closed

Closed

Closed

A.

Mashpee

Massachusetts

A

A

A

Closed.

Mattamuskeet

North Carolina

Already Open

Closed

E

Already Open.

McKay Creek

Oregon

C

C

B

Already Open.

Medicine Lake

Montana

C

Already Open

Already Open

E.

Middle Mississippi River

Illinois and Missouri

Already Open

D

E

D.

Minidoka

Idaho

Already Open

Already Open

B

E.

Monomoy

Massachusetts

B

B

Closed

Already Open.

Neal Smith

Iowa

D

D

D

Closed.

Nestucca Bay

Oregon

Already Open

Closed

Closed

B.

Northern Tallgrass Prairie

Iowa and Minnesota

D

D

D

B.

Okefenokee

Georgia

Closed

Already Open

E

Already Open.

Orangeburg NFH

South Carolina

Closed

Closed

Closed

A.

Ottawa

Ohio

Already Open

Already Open

Already Open

D.

Ozark Plateau

Oklahoma

Closed

A

A

Closed.

Parker River

Massachusetts

D/E

B

D/E

Already Open.

Patoka River

Indiana

D

D

D

D.

Patuxent

Maryland

Already Open

Already Open

D

Already Open.

Piedmont

Georgia

Closed

E

E

Already Open.

Sacramento

California

Already Open

C

Closed

Closed.

Salt Plains

Oklahoma

C/D

C/D

C/E

Already Open.

San Bernardino

Arizona

E

Already Open

Closed

Closed.

Sand Lake

South Dakota

Already Open

Already Open

E

Already Open.

San Juan Islands

Washington

Closed

Closed

Closed

A.

San Pablo Bay

California

E

Already Open

Closed

Already Open.

Seedskadee

Wyoming

Already Open

Already Open

C

Already Open.

Sequoyah

Oklahoma

Already Open

Already Open

C

Already Open.

Silvio O. Conte

Massachusetts and Connecticut

A

A

A

A.

Southwest Native Aquatic Resources and Recovery Center

New Mexico

A

A

Closed

Closed.

Spring Creek NFH

Washington

Closed

Closed

Closed

A.

St. Marks

Florida

Already Open

D

D

Already Open.

Stone Lakes

California

Already Open

Closed

Closed

B.

Sutter

California

Already Open

C

Closed

Closed.

Tamarac

Minnesota

C

C

Already Open

Already Open.

Tishomingo

Oklahoma

B

Closed

C

Already Open.

Tishomingo NFH

Oklahoma

Closed

Closed

Closed

A.

Trinity River

Texas

E

E

E.

Already Open

Valentine

Nebraska

Already Open

E

Already Open

Already Open.

Valley City NFH (6)

North Dakota

Closed

Closed

Closed

A.

Washita

Oklahoma

C/D

C

Already Open

Already Open.

Wichita Mountains

Oklahoma

B

B

C

Already Open.

Whittlesey Creek

Wisconsin

Already Open

Closed

Already Open

B.

Key:

* number in ( ) refers to the Region as explained in the preamble to this proposed rule for additional information regarding refuge specific regulations.

A = New station opened (Opening).

B = New activity on a station previously open to other activities (Opening).

C = Station already open to activity but added new species to hunt (Opening).

D = Station already open to activity, but added new lands/waters or modified areas open to hunting or fishing (Expansion).

E = Station already open to activity, but existing opportunity expanded through season dates, method of take, bag limits, quota permits, youth hunt, etc. (Expansion).

F = Activity is being closed on the station.

The changes for the 2019-2020 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 (for refuges), and the appropriate National Environmental Policy Act (NEPA; 42 U.S.C. 4321

et seq.

) analysis, all of which were the subject of a public review and comment process. These documents are available upon request.

Through these openings and expansions, we are opening or expanding an additional 1,451,131 acres to hunting and sport fishing within the National Wildlife Refuge System and the National Fish Hatchery System. These actions are the only changes to the administration of hunting and sport fishing opportunities on Service lands and waters.

Other Updates to the Regulations for NWRs

In this rulemaking, we standardize and clarify the language of existing regulations.

We update the existing nonstandard codification system of 50 CFR part 32, as well as 50 CFR 26.34, to the standard Code of Federal Regulations (CFR) paragraph designation system. Therefore, in addition to setting forth all of §§ 26.34 and 32.7 to bring them into conformity with the CFR's standard codification system, we also set forth every entry for our refuge-specific regulations in 50 CFR part 32 in this rule for reformatting.

Further, as part of a national effort to assess hunting and sport fishing on Service lands and waters, we reviewed over 7,200 station-specific regulations to, in part, identify unnecessary redundancy in existing Federal regulations that apply to all stations and relevant State hunting and fishing regulations. As a result of that review, we remove approximately 2,100 regulations that will have no impact on the administration of hunting and sport fishing within the National Wildlife Refuge System.

We also simplify over 2,900 refuge-specific regulations to comply with a Presidential mandate to adhere to plain language standards and to reduce the regulatory burden on the public. In this rule, the editorial revisions to use plain language in regulations do not modify the substance of the previous regulations. These types of changes include using “you” to refer to the reader and “we” to refer to the Refuge System, using the word “allow” instead of “permit” when we do not require the use of a permit for an activity, using consistent language to present requirements concerning hunters' ages for youth hunt opportunities, and using active voice (

e.g.,

“We restrict entry into the refuge” vs. “Entry into the refuge is restricted”). Some of these changes also include adding clarifying language or Office of Management and Budget (OMB) approved form numbers for permits to comply with Paperwork Reduction Act (PRA) and information collection requirements.

Another result of our review of our station-specific regulations is the identification of general public use regulations, for activities like camping and boating, in 50 CFR part 32 that are better placed elsewhere in our regulations. Therefore, we move those general public use regulations not exclusively pertaining to hunting and sport fishing activities from 50 CFR part 32 to 50 CFR 26.34. This reorganization does not establish any new regulations, nor does it make any changes to the enforcement of public use or hunting and sport fishing on Service lands.

In 50 CFR 26.34, we remove the provisions concerning the issuance of medical access waiver permits for Back Bay National Wildlife Refuge in Virginia. We make this change because, as the current regulations state, we have not issued any such waivers for more than 30 years, and we will not issue any in the future. Therefore, these provisions are obsolete and should be removed from the regulations.

Lastly, we make changes to 50 CFR part 36, the regulations concerning Alaska NWRs. Specifically, we remove the same-day airborne hunting prohibition set forth at 50 CFR 36.32(c)(1)(iv). This prohibition duplicates a State of Alaska law and regulation (Title 16 of the Alaska Statutes (AS) at chapter 5, section 783 (AS 16.05.783), and Title 5 of the Alaska Administrative Code (AAC) at chapter 92, section 85 (5 AAC 92.085)). Further, the State of Alaska's animal control programs may only be conducted on Alaska NWRs in accordance with a Federal special use permit issued by the Refuge Manager (50 CFR 36.32(e)). We also make editorial changes to these regulations for clarity and consistency.

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.

Required Determinations

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 (E.O.) 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.

Executive Order 13771—Reducing Regulation and Controlling Regulatory Costs

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

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 rule opens 7 NWRs and 15 NFHs to sport fishing and hunting and expands hunting or fishing activities on 67 additional NWRs. As a result, visitor use for wildlife-dependent recreation on these stations will change. If the stations establishing new programs were a pure addition to the current supply of those activities, it would mean an estimated increase of 18,258 user days (one person per day participating in a recreational opportunity; see 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 2019-2020

[Dollars in thousands]

Station

Additional hunting days

Additional

fishing days

Additional

expenditures

Bandon Marsh

100

$4.4

Bill Williams River

15

0.6

Billy Frank Jr. Nisqually

311

12.8

Bitter Lake

333

13.7

Bond Swamp

24

1.0

Bosque del Apache

360

14.9

Boyer Chute

327

13.5

Buenos Aires

45

1.9

Cedar Point

30

1.3

Cherry Valley

365

16.0

Cibola

400

16.5

Clarks River

60

2.5

Colusa

476

19.6

Crab Orchard

1,099

45.4

Craig Brook NFH

365

16.0

Crane Meadows

304

12.5

Cross Creeks

11

0.5

Currituck

Cypress Creek

378

15.6

Deep Fork

450

18.6

Delevan

715

29.5

Desoto

85

3.5

Edenton NFH

300

13.2

Entiat NFH

Grand Bay

25

1.0

Great Bay

64

2.6

Great River

320

13.2

Green Bay

752

50

33.2

Hackmatack

50

2.2

Hagerman

5,400

222.9

Harrison Lake NFH

365

16.0

Havasu

205

8.5

Hotchkiss NFH

300

13.2

Hutton Lake

94

3.9

Imperial

30

1.2

Inks Dam NFH

Iron River NFH

1,145

47.3

Key Cave

150

6.2

Kirwin

172

7.1

Kofa

35

1.4

Laguna Atascosa

Las Vegas

65

2.7

Leadville NFH

Leavenworth NFH

Little River

658

27.2

Little White Salmon NFH

Lower Rio Grande Valley

Marin Islands

1,825

80.2

Mashpee

225

9.3

Mattamuskeet

1

<0.1

McKay Creek

85

3.5

Medicine Lake

10,350

60

429.8

Middle Mississippi River

40

20

2.5

Minidoka

120

900

44.5

Monomoy

165

6.8

Neal Smith

200

8.3

Nestucca Bay

100

4.4

Northern Tallgrass Prairie

124

50

7.3

Okefenokee

182

7.5

Orangeburg NFH

300

13.2

Ottawa

365

16.0

Ozark Plateau

522

21.5

Parker River

92

3.8

Patoka River

150

50

8.4

Patuxent

Piedmont

10

0.4

Sacramento

783

32.3

Salt Plains

300

12.4

San Bernardino

5

0.2

San Juan Islands

San Pablo Bay

200

8.3

Sand Lake

49

2.0

Seedskadee

60

2.5

Sequoyah

100

4.1

Silvio O. Conte

Southwest Native Aquatic Resources and Recovery Center

Spring Creek NFH

St. Marks

Stone Lakes

1,825

80.2

Sutter

378

15.6

Tamarac

200

8.3

Tishomingo

500

20.6

Tishomingo NFH

Trinity River

92

3.8

Valentine

88

3.6

Valley City NFH

300

13.2

Washita

4,000

165.1

Whittlesey Creek

50

2.2

Wichita Mountains

1,000

41.3

Total

14,508

3,750

763.5

To the extent visitors spend time and money in the area of the station 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 and the Hatchery System yields approximately $763,500 in recreation-related expenditures (see Table 2, above). 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 $1.8 million (2018 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 will be “new” money coming into a local economy; therefore, this spending will be offset with a decrease in some other sector of the local economy. The net gain to the local economies will be no more than $1.8 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 will not add new money into the local economy and, therefore, the real impact will be on the order of about $351,000 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 station visitation. A large percentage of these retail trade establishments in the local communities around NWRs and NFHs qualify as small businesses (see Table 3, below). 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 $763,500 to be spent in total in the refuges' local economies. The maximum increase will be less than three-tenths of 1 percent for local retail trade spending (see Table 3, below).

Table 3—Comparative Expenditures for Retail Trade Associated With Additional Station Visitation for 2019-2020

[Thousands, 2018 dollars]

Station/county(ies)

Retail trade

in 2012

Estimated

maximum

addition

from new

activities

Addition

as % of

total

Establishments

in 2012

Establishments

with fewer

than 10

employees

in 2012

Bandon Marsh:

Coos, OR

$815,690

$4.4

<0.01

261

106

Bill Williams River:

La Paz, AZ

476,807

0.3

<0.01

80

57

Mohave, AZ

2,966,929

0.3

<0.01

594

245

Billy Frank Jr. Nisqually:

Pierce, WA

11,062,118

6.4

<0.01

2,144

1,481

Thurston, WA

3,642,910

6.4

<0.01

769

516

Bitter Lake:

Chaves, NM

978,967

13.7

<0.01

233

153

Bond Swamp:

Bibb, GA

2,840,899

0.5

<0.01

803

580

Twiggs, GA

30,550

0.5

<0.01

15

12

Bosque del Apache:

Socorro, NM

131,026

14.9

0.01

39

31

Boyer Chute:

Washington, NE

817,449

13.5

<0.01

55

36

Cedar Point:

Lucas, OH

6,538,026

1.3

<0.01

1,452

965

Cherry Valley:

Monroe, PA

2,340,937

8.0

<0.01

633

424

Northampton, PA

3,967,299

8.0

<0.01

879

603

Cibola:

La Paz, AZ

476,807

8.3

<0.01

80

57

Imperial, CA

1,833,974

8.3

<0.01

448

297

Clarks River:

Graves, KY

441,526

1.2

<0.01

125

90

Marshall, KY

429,097

1.2

<0.01

103

71

McCracken, KY

1,792,028

1.2

<0.01

415

256

Colusa:

Colusa, CA

139,868

19.6

0.01

59

45

Crab Orchard:

Jackson, IL

1,102,806

15.1

<0.01

227

143

Union, IL

182,761

15.1

0.01

64

47

Williamson, IL

1,220,878

15.1

<0.01

274

185

Cross Creeks:

Stewart, TN

94,752

0.5

<0.01

37

28

Cypress Creek:

Alexander, IL

26,475

3.9

0.01

23

20

Johnson, IL

96,890

3.9

<0.01

28

18

Pulaski, IL

38,240

3.9

0.01

18

15

Union, IL

182,761

3.9

<0.01

64

47

Deep Fork:

Okmulgee,OK

372,982

18.6

<0.01

126

97

Delevan:

Colusa, CA

139,868

29.5

0.02

59

45

Desoto:

Harrison, IA

215,702

1.2

<0.01

53

36

Pottawatamie, IA

1,922,235

1.2

<0.01

311

194

Washington, NE

817,449

1.2

<0.01

55

36

Edenton NFH:

Chowan, NC

130,344

13.2

0.01

58

44

Grand Bay:

Mobile, AL

5,580,676

0.5

<0.01

1,465

1,005

Jackson, MS

1,334,845

0.5

<0.01

425

326

Great Bay:

Rockingham, NH

7,398,381

2.6

<0.01

1,596

1,106

Great River:

Pike, IL

208,851

4.4

<0.01

64

45

Clark, MO

110,758

4.4

<0.01

32

28

Shelby, MO

64,462

4.4

0.01

35

25

Green Bay:

Door, WI

452,931

33.2

0.01

260

225

Hackmatack:

McHenry, IL

4,007,709

1.1

<0.01

940

629

Walworth, WI

1,350,117

1.1

<0.01

359

264

Hagerman:

Montague, TX

210,612

222.9

0.11

69

56

Harrison Lake NFH:

Charles City, VA

16,075

16.0

0.10

10

9

Havasu:

Mohave, AZ

2,966,929

4.2

<0.01

594

394

San Bernardino, CA

26,664,942

4.2

<0.01

4,769

3,123

Hotchkiss NFH:

Delta, CO

338,829

13.2

<0.01

117

93

Hutton Lake:

Albany, WY

524,488

3.9

<0.01

141

103

Imperial:

Imperial, CA

1,833,974

0.6

<0.01

448

297

La Paz, AZ

476,807

0.6

<0.01

80

57

Iron River NFH:

Bayfield, WI

92,470

47.3

0.05

69

57

Key Cave:

Lauderdale, AL

1,302,366

6.2

<0.01

420

302

Kirwin:

Phillips, KS

56,297

7.1

0.01

35

27

Kofa:

La Paz, AZ

476,807

0.7

<0.01

80

57

Yuma, AZ

2,182,997

0.7

<0.01

452

302

Las Vegas:

San Miguel, NM

241,627

2.7

<0.01

82

52

Little River:

McCurtain, OK

301,003

27.2

0.01

101

81

Marin Islands:

Marin, CA

5,564,228

80.2

<0.01

1,050

762

Mashpee:

Barnstable, MA

4,218,338

9.3

<0.01

1,507

1,160

Mattamuskeet:

Hyde, NC

33,265

<0.1

<0.01

38

35

McKay Creek:

Umatilla, OR

877,978

3.5

<0.01

224

155

Medicine Lake:

Roosevelt, MT

174,121

214.9

0.12

41

24

Sheridan, MT

66,779

214.9

0.32

27

18

Middle Mississippi River:

Monroe, IL

1,816,999

0.8

<0.01

97

72

Randolph, IL

408,338

0.8

<0.01

102

62

Jefferson, MO

2,135,540

0.8

<0.01

482

324

Minidoka:

Blaine, ID

326,573

11.1

<0.01

185

153

Cassia, ID

354,240

11.1

<0.01

117

89

Minidoka, ID

172,744

11.1

0.01

62

47

Power, ID

32,404

11.1

0.03

18

13

Monomoy:

Barnstable, MA

4,218,338

6.8

<0.01

1,507

1,160

Neal Smith:

Jasper, IA

388,658

8.3

<0.01

108

74

Nestucca Bay:

Tillamook, OR

272,191

4.4

<0.01

115

94

Northern Tallgrass Prairie:

Dickinson, IA

320,317

0.5

<0.01

111

85

Jasper, IA

388,658

0.5

<0.01

108

74

Kossuth, IA

269,945

0.5

<0.01

93

69

O'Brien, IA

223,641

0.5

<0.01

100

71

Clay, MN

727,392

0.5

<0.01

169

97

Kandiyohi, MN

728,828

0.5

<0.01

225

154

Kittson, MN

140,472

0.5

<0.01

30

21

Lincoln, MN

73,219

0.5

<0.01

38

29

Murray, MN

51,137

0.5

<0.01

43

34

Norman, MN

51,396

0.5

<0.01

30

20

Otter Tail, MN

849,239

0.5

<0.01

261

201

Pope, MN

151,479

0.5

<0.01

41

32

Rock, MN

113,737

0.5

<0.01

42

31

Stevens, MN

229,738

0.5

<0.01

50

32

Okefenokee:

Clinch, GA

48,875

2.5

0.01

21

17

Charlton, GA

64,316

2.5

<0.01

32

27

Ware, GA

686,193

2.5

<0.01

206

147

Orangeburg NFH:

Orangeburg, SC

1,111,896

13.2

<0.01

376

267

Ottawa:

Lucas, OH

6,538,026

8.0

<0.01

1,452

965

Ottawa, OH

467,762

8.0

<0.01

142

109

Ozark Plateau:

Adair, OK

134,909

7.2

0.01

57

42

Cherokee, OK

427,195

7.2

<0.01

146

110

Delaware, OK

403,757

7.2

<0.01

140

111

Parker River:

Essex, MA

10,978,447

3.8

<0.01

2,598

1,875

Patoka River:

Gibson, IN

609,814

4.2

<0.01

122

84

Pike, IN

79,329

4.2

0.01

31

23

Piedmont:

Jasper, GA

52,113

0.2

<0.01

24

18

Jones, GA

106,034

0.2

<0.01

50

40

Sacramento:

Colusa, CA

139,868

16.2

0.01

59

45

Glenn, CA

209,140

16.2

0.01

73

58

Salt Plains:

Alfalfa, OK

62,493

12.4

0.02

24

19

San Bernardino:

Cochise, AZ

1,386,009

0.2

<0.01

414

301

San Pablo Bay:

Marin, CA

5,564,228

2.8

<0.01

1,050

762

Solano, CA

5,585,119

2.8

<0.01

1,066

682

Sonoma, CA

6,580,062

2.8

<0.01

1,766

1,274

Sand Lake:

Brown, SD

885,325

2.0

<0.01

201

136

Seedskadee:

Sweetwater, WY

1,007,782

2.5

<0.01

197

145

Sequoyah:

Haskell, OK

156,313

2.1

<0.01

33

22

Muskogee, OK

1,014,880

2.1

<0.01

258

178

Stone Lakes:

Sacramento, CA

16,654,079

80.2

<0.01

3,512

2,361

Sutter:

Sutter, CA

1,169,700

15.6

<0.01

287

201

Tamarac:

Becker, MN

502,743

8.3

<0.01

135

92

Tishomingo:

Johnston, OK

66,800

10.3

0.02

35

31

Marshall, OK

174,821

10.3

0.01

53

42

Trinity River:

Liberty, TX

871,294

3.8

<0.01

198

142

Valentine:

Cherry, NE

95,506

3.6

<0.01

38

27

Valley City NFH:

Barnes, ND

133,136

13.2

0.01

47

29

Washita:

Custer, OK

580,592

165.1

0.03

148

102

Whittlesey Creek:

Bayfield, WI

92,470

2.2

<0.01

69

57

Wichita Mountains:

Comanche, OK

1,539,705

41.3

<0.01

409

285

With the small change in overall spending anticipated from this rule, it is unlikely that a substantial number of small entities will have more than a small impact from the spending change near the affected stations. 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

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

et seq.

) is not required.

Takings (E.O. 12630)

In accordance with E.O. 12630, this rule will not have significant takings implications. This rule affects only visitors at NWRs and NFHs, and describes what they can do while they are on a Service station.

Federalism (E.O. 13132)

As discussed under

Regulatory Planning and Review

and

Unfunded Mandates Reform Act,

above, this rule will not have sufficient federalism implications to warrant the preparation of a federalism summary impact statement under E.O. 13132. In preparing this rule, we worked with State governments.

Civil Justice Reform (E.O. 12988)

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

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

On May 18, 2001, the President issued E.O. 13211 on regulations that significantly affect energy supply, distribution, and use. E.O. 13211 requires agencies to prepare Statements of Energy Effects when undertaking certain actions. Because this rule adds 7 NWRs to the list of refuges open to hunting and sport fishing, opens or expands hunting or sport fishing at 67 other NWRs, and opens 15 NFHs to hunting and/or sport fishing, 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 and NFHs with Tribal governments having adjoining or overlapping jurisdiction before we propose the regulations.

Paperwork Reduction Act (PRA)

This final rule contains a collection of information that we have submitted to the Office of Management and Budget (OMB) for review and approval under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501

et seq.

). We may not conduct or sponsor and you are not required to respond to a collection of information unless it displays a currently valid OMB control number. The OMB has reviewed and approved the information collection requirements associated with hunting and sport fishing activities across the National Wildlife Refuge System and assigned the following OMB control numbers:

• 1018-0140, “Hunting and Sport 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 07/30/2021),

• 1018-0153, “National Wildlife Refuge Visitor Check-In Permit and Use Report” (Expires 04/30/2022),

• 1018-0102, “National Wildlife Refuge Special Use Permit Applications and Reports, 50 CFR 25, 26, 27, 29, 30, 31, 32, & 36” (Expires 08/31/2020),

• 1018-0135, “Electronic Federal Duck Stamp Program” (Expires 01/31/2020),

• 1018-0093, “Federal Fish and Wildlife Permit Applications and Reports—Management Authority; 50 CFR 13, 15, 16, 17, 18, 22, 23” (Expires 08/31/2020), and

• 1024-0252, “The Interagency Access Pass and Senior Pass Application Processes” (Expires 08/31/2020).

This final rule authorizes DOI to collect the following information associated with hunting and sport fishing activities across the National Wildlife Refuge System:

(1) Labeling/Marking Requirements—As a condition of the permit, some refuges require permittees to label hunting and fishing gear left overnight. This equipment may include items such as the following: Tree stands, blinds, or game cameras; hunting dogs (collars); flagging/trail markers; boats; and/or fishing equipment such as jugs, trotlines, and crawfish or crab traps. Refuges require the owner label their equipment with their last name, the state issued hunting/fishing license number, and/or hunting/fishing permit number. Refuges may also require equipment for youth hunters include “YOUTH” on the label. This minimal information is necessary in the event the refuge needs to contact the owner.

(2) Notifications—On occasion, hunters may find their game has landed

outside of established hunting boundaries. In this situation, hunters must notify an authorized refuge employee to obtain consent to retrieve the game from an area closed to hunting or entry only upon specific consent. Certain refuges also require hunters to notify the refuge manager when hunting specific species (

e.g.,

black bear, bobcat, or eastern coyote) with trailing dogs. Refuges may also require advance notification by disabled hunters requesting special accommodations on the refuge.

(3) Transfer of FWS Form 3-2405—OMB approval of FWS Form 3-2405 was under OMB Control No. 1018-0153. OMB approved the transfer of the form into OMB Control No. 1018-0140 so all forms associated with hunting and/or sport fishing activities in use by the National Wildlife Refuge System are contained under the same information collection. We will discontinue OMB Control No. 1018-0153 on the effective date of this final rule for 1018-BD79.

(4) OMB approved FWS Form 3-2439, Hunt Application—National Wildlife Refuge System, to replace existing FWS Forms 3-2354 through 3-2357. This streamlines the application process and reduces the regulatory burden on the public.

Title of Collection:

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.

OMB Control Number:

1018-0140.

Form Number:

FWS Forms 3-2405, 3-2439, and 3-2358 through 3-2362.

Type of Review:

Revision of a currently approved collection.

Respondents/Affected Public:

Individuals and households.

Respondent's Obligation:

Required to Obtain or Retain a Benefit.

Frequency of Collection:

On occasion.

Total Estimated Annual Nonhour Burden Cost:

$84,000.

Activity

Annual

number of

responses

Completion

time per

response

Total annual

burden hours

Hunting and Fishing Permit Applications:

Form 3-2439 Hunt Application/Permit

348,689

10 minutes

58,115

Form 3-2358 Fish/Crab/Shrimp Application/Permit

2,472

5 minutes

206

Subtotal Applications:

351,161

58,321

Harvest Activity Reports:

Form 3-2359 Big Game Harvest Report

91,879

15 minutes

22,970

Form 3-2360 Fishing Harvest Report

421,112

15 minutes

105,278

Form 3-2361 Migratory Bird Harvest Report

32,821

15 minutes

8,205

Form 3-2362 Upland Game Furbearer Harvest Report

25,024

15 minutes

6,256

Subtotal Activity Reports:

570,836

142,709

New Information Collections Added to Collection:

Labeling/Marking Requirements

2,160

10 minutes

360

Notifications

384

30 minutes

192

Form 3-2405 Check-In/Out Permit

(from 1018-0153)

650,000

5 minutes

54,167

Subtotal Other Requirements:

652,544

54,719

Totals:

1,574,541

255,749

On June 26, 2019, we published a proposed rule (84 FR 30314) that solicited comments on the new/revised information collection requirements described in this supporting statement for a period of 30 days, ending July 26, 2019. We received no comments concerning the information collection in response to the proposed rule. Additional comments are being solicited through publication of this final rule.

As part of our continuing effort to reduce paperwork and respondent burdens, we invite the public and other Federal agencies to comment on any aspect of this information collection, including:

(1) Whether or not the collection of information is necessary, including whether or not the information will have practical utility;

(2) The accuracy of our estimate of the burden for this collection of information;

(3) Ways to enhance the quality, utility, and clarity of the information to be collected; and

(4) Ways to minimize the burden of the collection of information on respondents.

Send your comments and suggestions on this information collection to the Desk Officer for the Department of the Interior at OMB-OIRA at (202) 395-5806 (fax) or

OIRA_Submission@omb.eop.gov

(email). You may view the information collection at

http://www.reginfo.gov/public/do/PRAMain

. Please provide a copy of your comments to the Service Information Collection Clearance Officer, Madonna Baucum, U.S. Fish and Wildlife Service, 5275 Leesburg Pike, MS: PRB/PERMA (JAO-1N), Falls Church, VA 22041-3803 (mail); (703) 358-2503 (telephone); or

Info_Coll@fws.gov

(email). Please reference OMB Control Number 1018-0140 in the subject line of your comments.

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 include hunting and/or fishing plans—for public use of refuges and hatcheries, and prior to implementing any new or revised public recreation program on a station as identified in 50 CFR 26.32. We have completed section 7 consultation on each of the affected stations.

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 station-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 or hatchery to the list of areas open to hunting and fishing in 50 CFR parts 32 and 71, we develop hunting and fishing plans for the affected stations. We incorporate these proposed station hunting and fishing activities in the station 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, the Council on Environmental Quality's regulations for implementing NEPA in 40 CFR parts 1500 through 1508, and the Department of Interior's NEPA regulations 43 CFR part 46. 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 stations at the addresses provided below.

Available Information for Specific Stations

Individual refuge and hatchery 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 or hatchery, contact the appropriate Service office for the States listed below:

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.

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.

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.

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.

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.

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.

Alaska. Regional Chief, National Wildlife Refuge System, U.S. Fish and Wildlife Service, 1011 E. Tudor Rd., Anchorage, AK 99503; Telephone (907) 786-3545.

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

50 CFR Part 26

Recreation and recreation areas, Wildlife refuges.

50 CFR Part 32

Fishing, Hunting, Reporting and recordkeeping requirements, Wildlife, Wildlife refuges.

50 CFR Part 36

Alaska, Recreation and recreation areas, Reporting and recordkeeping requirements, Wildlife refuges.

50 CFR Part 71

Fish, Fishing, Hunting, Wildlife.

Regulation Promulgation

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

Subchapter C—The National Wildlife Refuge System

PART 26—PUBLIC ENTRY AND USE

1. The authority citation for part 26 continues to read as follows:

Authority:

5 U.S.C. 301; 16 U.S.C. 460k, 664, 668dd-668ee, and 715i; Pub. L. 96-315 (94 Stat. 958) and Pub. L. 98-146 (97 Stat. 955).

2. Revise § 26.34 to read as follows:

§ 26.34

What are the special regulations concerning public access, use, and recreation for individual national wildlife refuges?

The following refuge units, listed in alphabetical order by State and unit name, have refuge-specific regulations for public access, use, and recreation.

(a)

Alabama

—(1)

Bon Secour National Wildlife Refuge.

(i) We allow only nonmotorized boats and boats with electric motors on Gator and Little Gator Lakes.

(ii) [Reserved]

(2)

Eufaula National Wildlife Refuge.

(i) We prohibit the use of motorized watercraft in all refuge waters not directly connected to Lake Eufaula.

(ii) We prohibit the use of all air-thrust boats, including airboats, aircraft, boats with secondary fans, and hovercraft.

(iii) We prohibit the use of personal watercraft or air-cooled propulsion engines outside of marked navigation channels.

(iv) We prohibit the mooring or storing of boats from 1

1/2

hours after legal sunset to 1

1/2

hours before legal sunrise.

(3)

Wheeler National Wildlife Refuge.

(i) We prohibit mooring or storing of boats from legal sunset to legal sunrise.

(ii) We prohibit airboats and hovercraft on all waters within the refuge boundaries.

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

(b)

Arizona

—(1)

Bill Williams River National Wildlife Refuge.

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

(ii) We designate all refuge waters as wakeless speed zones (as governed by State law) as indicated by signs or regulatory buoys.

(iii) The nonmotorized watercraft launch and Central Arizona Project (CAP) peninsula are day-use only areas and are open from

1/2

hour before legal sunrise to

1/2

hour after legal sunset. We allow fishing and the launching of watercraft at these and other areas 24 hours a day.

(iv) We prohibit the possession or consumption of open containers of alcohol or the possession of glass beverage containers in improved areas, including the nonmotorized watercraft launch and the CAP peninsula.

(2)

Havasu National Wildlife Refuge.

(i) We prohibit the use of all air-thrust boats, including floating aircraft.

(ii) The following conditions apply only on Topock Marsh:

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

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

(C) We prohibit personal watercraft (PWC, as governed by State law).

(iii) The following conditions apply to all waters of the Colorado River within the refuge from the south regulatory buoy line to the north regulatory buoy line at Interstate 40 (approximately 17 miles (27.2 kilometers)):

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

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

(C) We prohibit water-skiing, tubing, wake boarding, or other recreational-towed devices.

(iv) The following conditions apply to improved areas within the refuge; improved areas consist of the Mesquite Bay areas, Castle Rock, the Diving Cliffs, Catfish Paradise, Five Mile Landing, and North Dike:

(A) We prohibit entry of all motorized watercraft in all three bays of the Mesquite Bay areas as indicated by signs or regulatory buoys.

(B) Improved areas are day-use only and are open from

1/2

hour before legal sunrise to

1/2

hour after legal sunset. We allow fishing and launching watercraft at these and other areas 24 hours a day.

(C) We prohibit the possession of open containers of alcohol or the possession of glass beverage containers in improved areas.

(c)

Arkansas

—(1)

Bald Knob National Wildlife Refuge.

(i) We prohibit mooring houseboats to the refuge bank on the Little Red River.

(ii) [Reserved]

(2)

Big Lake National Wildlife Refuge.

(i) 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.

(ii) [Reserved]

(3)

Cache River National Wildlife Refuge.

(i) We prohibit the mooring of houseboats to refuge property.

(ii) [Reserved]

(4)

Dale Bumpers White River National Wildlife Refuge.

(i) We allow camping only in designated sites and areas identified in the refuge user brochure (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.

(ii) We allow refuge users to leave boats 16 feet (4.8 meters) or less in length unattended overnight from March 1 to October 31, as long as the owner clearly and prominently displays his or her boat registration number.

(5)

Felsenthal National Wildlife Refuge.

(i) 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.

(ii) Campers may stay no more than 14 days during any 30 consecutive-day period in any campground and must occupy camps daily.

(iii) We prohibit all disturbances, including use of generators, after 10 p.m.

(6)

Overflow National Wildlife Refuge.

(i) We prohibit all boat motors (including surface drive motors, mud motors, etc.) larger than 25 horsepower.

(ii) [Reserved]

(7)

Pond Creek National Wildlife Refuge.

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

(ii) You must unload all hunting firearms and crossbows (see § 27.42(b) of this chapter) within 100 yards (90 meters) of a campground.

(iii) We prohibit camping on the refuge while hunting off the refuge.

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

(v) We prohibit fires outside of campgrounds.

(vi) We prohibit possession or use of fireworks.

(vii) We prohibit geocaching.

(d)

California

—(1)

Colusa National Wildlife Refuge.

(i) No person may build or maintain fires, except in portable gas stoves in designated parking/overnight stay areas.

(ii) We only allow overnight stays in vehicles, motor homes, and trailers at the check station parking areas on Tuesdays, Fridays, and Saturdays (closed on Federal holidays).

(iii) You must restrain dogs on a leash within all designated parking areas and vehicle access roads.

(2)

Delevan National Wildlife Refuge.

(i) No person may build or maintain fires, except in portable gas stoves in designated parking/overnight stay areas.

(ii) We only allow overnight stays in vehicles, motor homes, and trailers at the check station parking areas on Tuesdays, Fridays, and Saturdays (closed on Federal holidays).

(iii) You must restrain dogs on a leash within all designated parking areas and vehicle access roads.

(3)

Lower Klamath National Wildlife Refuge.

(i) We prohibit air-thrust and inboard water-thrust boats.

(ii) 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.

(4)

Sacramento National Wildlife Refuge.

(i) No person may build or maintain fires, except in portable gas stoves in designated parking/overnight stay areas.

(ii) We only allow overnight stays in vehicles, motor homes, and trailers at the check station parking areas on Tuesdays, Fridays, and Saturdays (closed on Federal holidays).

(iii) You must restrain dogs on a leash within all designated parking areas and vehicle access roads.

(5)

Sacramento River National Wildlife Refuge.

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

(ii) 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.

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

(6)

San Pablo Bay National Wildlife Refuge.

(i) 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).

(ii) We allow only nonmotorized crafts at the Cullinan Ranch Unit and Dickson Ranch Unit launch sites.

(7)

Sutter National Wildlife Refuge.

(i) No person may build or maintain fires, except in portable gas stoves in designated parking/overnight stay areas.

(ii) We only allow overnight stays in vehicles, motor homes, and trailers at the check station parking areas on Tuesdays, Fridays, and Saturdays (closed on Federal holidays).

(iii) You must restrain dogs on a leash within all designated parking areas and vehicle access roads.

(e)-(f) [Reserved]

(g)

Delaware

—(1)

Prime Hook National Wildlife Refuge.

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

(ii) [Reserved]

(2) [Reserved]

(h)

Florida

—(1)

Arthur R. Marshal Loxahatchee National Wildlife Refuge.

(i) We allow only boats equipped with factory-manufactured-water-cooled outboard motors, boats with electric motors, and nonmotorized boats. We prohibit boats with air-cooled engines, airboats, fan boats, hovercraft, and personal watercraft (

e.g.,

Jet Skis, jet boats, wave runners).

(ii) There is a 35 miles per hour (mph) speed limit in all waters of the refuge. A 500-foot (150-meter) “idle speed zone” is at each of the refuge's three boat ramps.

(iii) We require all boats operating outside of the main perimeter canals (the L-40 Canal, L-39 Canal, L-7 Canal, and L-101 Canal) in interior areas of the refuge and within the hunt area to fly a 12-inch by 12-inch (30-centimeters (cm) by 30-cm) orange flag 10 feet (3 meters) above the vessel's waterline.

(2)

Chassahowitzka National Wildlife Refuge.

(i) We allow airboats only on the designated airboat route within Citrus County and on all navigable waterways within Hernando County with a refuge Special Use Permit (General Activities Special Use Permit Application, FWS Form 3-1383-G) issued by the U.S. Fish and Wildlife Service.

(ii) We prohibit the use of airboats on vegetation.

(3)

J.N. “Ding” Darling National Wildlife Refuge.

(i) We prohibit kite surfing, kite boarding, wind surfing, and sail boarding.

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

(iii) We allow vessels propelled only by polling, paddling, floating, or electric motors in the posted “pole/troll zone” of the Wulfert Flats Management Area. All non-electric motors must be in a nonuse position (out of the water) when in the “pole/troll zone.”

(iv) We allow launching of canoes and kayaks anywhere on the right (north) side of Wildlife Drive. We prohibit launching motorized vessels over 14 feet (4.2 meters) in length from Wildlife Drive. Motorized vessels less than 14 feet (4.2 meters) in length may only be launched from designated site #2.

(v) We prohibit airboats, hovercraft, personal watercraft, and “Go-Devil”-style outboard motors.

(vi) Vessels must not exceed slow speed/minimum wake in refuge waters.

(4)

Lake Woodruff National Wildlife Refuge.

(i) During hunting seasons, we close hunting areas on the refuge to all public use except to hunters possessing a valid permit. Hunting areas are marked on refuge maps.

(ii) We close the refuge between legal sunset and legal sunrise.

(iii) We prohibit the use of airboats on the refuge.

(5)

Lower Suwannee National Wildlife Refuge.

(i) We prohibit leaving boats on the refuge overnight.

(ii) [Reserved]

(6)

St. Marks National Wildlife Refuge.

(i) We prohibit use of boats with motors over 10 horsepower on any refuge lake or pond.

(ii) We allow use of hand-launched boats on impoundments on the St. Marks Unit from March 15 through October 15 each year. We prohibit launching of boats from trailers in the impoundments in the St. Marks Unit. We prohibit all gasoline-powered motors in the impoundments in the St. Marks Unit.

(iii) You may not launch commercially registered boats, air-thrust boats, or personal watercraft at the saltwater boat ramp on the St. Marks Unit. We also prohibit commercial guides from launching any type of watercraft at the saltwater boat ramp on the St. Marks Unit.

(iv) You may not launch air-thrust boats or personal watercraft from Wakulla Beach. We also prohibit commercial guides from launching any type of watercraft from Wakulla Beach.

(7)

St. Vincent National Wildlife Refuge.

(i) We restrict camping and fires (see § 27.95(a) of this chapter) to the two designated camping areas. We may restrict or ban fires during dry periods.

(ii) We prohibit the use or possession of alcoholic beverages during the refuge hunt period (see § 32.2(j) of this chapter).

(iii) We prohibit motorized equipment, generators, or land vehicles (except bicycles).

(iv) Visitors must observe quiet time in the campground between 9 p.m. and 5 a.m. We prohibit loud or boisterous behavior or activity.

(v) We allow boats with electric motors. You must remove all other motors from the boats and secure them to a designated motor rack with a lock and chain.

(vi) We allow boats in refuge lakes from May 15 through September 30.

(8)

Ten Thousand Islands National Wildlife Refuge.

(i) We prohibit air-thrust boats, hovercraft, personal watercraft (

e.g.,

Jet Skis, jet boats, wave runners), and off-road vehicles in the freshwater and brackish marsh area south of U.S. 41.

(ii) We limit vessels to a maximum of 25 horsepower outboard motor.

(i)

Georgia

—(1)

Banks Lake National Wildlife Refuge.

(i) We prohibit swimming, wading, jet skiing, water skiing, and the use of airboats.

(ii) [Reserved]

(2)

Bond Swamp National Wildlife Refuge.

(i) We prohibit overnight camping.

(ii) We prohibit overnight parking.

(iii) We allow boat launching at the Stone Creek Boat Launch. During periods of high water, we allow boats to be launched from refuge roads normally open to vehicle traffic. We allow gasoline motors only during periods of high water as defined as a reading of 18 feet (5.5 meters) or higher at the Macon Gauge on the Ocmulgee River.

(iv) We prohibit bicycles on foot travel roads or off road. We restrict bicycles to roads designated open to vehicles.

(3)

Okefenokee National Wildlife Refuge.

(i) We only allow foot and bicycle traffic on the refuge portion of Cowhouse Island.

(ii) We only allow the use of 10 horsepower motors or less on the refuge.

(iii) We prohibit paddleboarding, air boats, swimming, and wading.

(iv) We require all boats to be off the water by posted time.

(4)

Piedmont National Wildlife Refuge.

(i) The refuge is a day-use-only area, with the exception of legal hunting activities.

(ii) We prohibit bicycles on foot travel roads or off road. We restrict bicycles to gravel roads designated open to vehicles.

(iii) We prohibit overnight camping and/or parking except in the designated campgrounds at Pippins Lake during quota deer hunts with a valid permit (state-issued).

(iv) We allow alcoholic beverages only in the designated campground.

(j) [Reserved]

(k)

Idaho

—(1)

Deer Flat National Wildlife Refuge.

(i) From April 15 through September 30, we allow motorized and nonmotorized boats from

1/2

hour before legal sunrise to

1/2

hour after legal sunset throughout the Lake Lowell Unit.

(ii) [Reserved]

(2)

Grays Lake National Wildlife Refuge.

(i) We only allow nonmotorized boats on the refuge.

(ii) [Reserved]

(3)

Minidoka National Wildlife Refuge.

(i) We allow the use of float tubes year-round, throughout all of Lake Walcott.

(ii) We allow boats on designated areas of Lake Walcott from April 1 through October 31.

(l)

Illinois

—(1)

Chautauqua National Wildlife Refuge.

(i) Motorboats must not exceed “no-wake” speeds.

(ii) We prohibit the public entering Weis Lake on the Cameron-Billsbach Unit of the refuge from October 16 through January 31.

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

(2)

Crab Orchard National Wildlife Refuge.

(i) We restrict motorboats on all refuge waters to slow speeds leaving “no wake” within 150 feet (45 meters) of any shoreline, swimming area, marina entrance, boat ramp, causeway tunnel, and areas indicated on the lake zoning map in the refuge fishing brochure.

(ii) We prohibit the use of boat motors of more than 10 horsepower on Devils Kitchen and Little Grassy Lakes.

(iii) We prohibit the use of gas-powered motors in the southeastern section of Devils Kitchen Lake (consult lake zoning map in the refuge fishing brochure).

(3)

Emiquon National Wildlife Refuge.

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

(ii) We prohibit leaving boats on refuge waters overnight.

(4)

Meredosia National Wildlife Refuge.

(i) We prohibit leaving boats on refuge waters overnight.

(ii) Motorboats must not exceed “no-wake” speeds.

(5)

Port Louisa National Wildlife Refuge.

(i) We close the following divisions to all public access:

(A) Louisa Division—September 15 until January 1;

(B) Horseshoe Bend Division—September 15 until December 1; and

(C) Keithsburg Division—September 15 until January 1.

(ii) [Reserved]

(6)

Upper Mississippi River National Wildlife and Fish Refuge.

Refer to paragraph (v)(2) of this section for regulations.

(m)

Indiana

—(1)

Big Oaks National Wildlife Refuge.

(i) We allow boats only if rowed, paddled, or powered by an electric trolling motor on the Old Timbers Lake.

(ii) [Reserved]

(2)

Muscatatuck National Wildlife Refuge.

(i) We allow the use of boats (hand- or foot-propelled only) on Stanfield Lake. We prohibit the use of electric or gasoline motors.

(ii) We allow the use of kayaks and nonmotorized canoes on Richart Lake.

(3)

Patoka River National Wildlife Refuge and Management Area.

(i) We allow motorboats only on Snakey Point Marsh east of the South Fork River and the Patoka River. All other areas are open to either manual-powered boats or boats with battery-driven motors only.

(ii) Motorboats must not exceed “no wake” speeds.

(iii) We prohibit the use of powered airboats on the refuge.

(n)

Iowa

—(1)

Desoto National Wildlife Refuge.

(i) We limit boating to “no-wake” speeds, not to exceed 5 miles per hour.

(ii) [Reserved]

(2)

Upper Mississippi River National Wildlife and Fish Refuge.

Refer to paragraph (v)(2) of this section for regulations.

(o)

Kansas

—(1)

Kirwin National Wildlife Refuge.

(i) We allow motorized boating in the main body of Kirwin Reservoir and in Bow Creek. You must not create a wake in Bow Creek or within 100 yards (90 meters) of any shoreline or island in the main body of Kirwin Reservoir. We prohibit motorized boats in the Solomon Arm of Kirwin Reservoir.

(ii) We allow motorless boats in the Solomon Arm of Kirwin Reservoir from August 1 through September 30.

(2)

Marais des Cygnes National Wildlife Refuge.

(i) We restrict outboard motor use to the westernmost 5.5 miles (8.8 kilometers) of the Marais des Cygnes River. You may use only nonmotorized boats and electric trolling motors on remaining waters in designated areas of the refuge.

(ii) [Reserved]

(p)

Kentucky

—(1)

Clarks River National Wildlife Refuge.

(i) We allow horseback riding on refuge roads and portions of the abandoned railroad tracks owned by the refuge for access purposes while engaged in wildlife activities. We prohibit horses and mules off these secondary access routes for any reason.

(ii) [Reserved]

(2) [Reserved]

(q)

Louisiana

—(1)

Bayou Sauvage National Wildlife Refuge.

(i) The refuge is open from 30 minutes before legal sunrise to 30 minutes after legal sunset.

(ii) We allow only outboard motors 25 horsepower or less in waterways inside the hurricane protection levee.

(2)

Bayou Teche National Wildlife Refuge.

(i) You may use motorized boats only in existing canals, ditches, trenasses, and ponds. We prohibit motorized boat use in areas marked as nonmotorized use only.

(ii) The refuge is open from legal sunrise until legal sunset unless stated otherwise.

(iii) We open the Franklin Unit canals (birdfoot canals) for motorized boats between April 15 and August 31. This unit is open to nonmotorized boats all year.

(3)

Big Branch Marsh National Wildlife Refuge.

(i) We prohibit air-thrust boats, aircraft, mud boats, and air-cooled propulsion engines on the refuge.

(ii) We open the refuge to public entry from

1/2

hour before legal sunrise to

1/2

hour after legal sunset.

(4)

Black Bayou National Wildlife Refuge.

(i) You may enter the refuge

1/2

hour before legal sunrise, and you must exit no later than

1/2

hour after legal sunset.

(ii) You may only launch boats at the concrete ramp adjacent to the visitor center. We prohibit launching boats with motors greater than 50 horsepower.

(iii) We prohibit leaving boats or other equipment on the refuge overnight (see § 27.93 of this chapter).

(iv) We require a boat launch fee. You must pay the launch fee before launching boat.

(v) We prohibit crossing the water hyacinth booms in a boat or traveling over idle speed within the booms.

(5)

Bogue Chitto National Wildlife Refuge.

(i) We allow primitive camping within 100 feet (30 meters) of designated streams. These include either bank of the Boque Chitto River, Wilson Slough, and West Pearl River

south of Wilson Slough; refuge lands along the East Pearl River; and Holmes Bayou. Campers must mark their campsite with the owner's State license/identification number, or boat identification number, and dates of occupancy placed in a conspicuous location in the center of camp.

(ii) [Reserved]

(6)

Cameron Prairie National Wildlife Refuge.

(i) We prohibit overnight camping on the refuge.

(ii) We allow only nonpowered boats in the Bank Fishing Road waterways.

(iii) We allow operation of outboard motors in refuge canals, bayous, and lakes. We allow only trolling motors in the marsh.

(7)

Catahoula National Wildlife Refuge.

(i) We allow the use of nonmotorized boats or boats with motors of 10 horsepower or less on refuge lakes and waters as designated. We prohibit the use of air-thrust boats, water-thrust boats, or personal watercraft.

(ii) We prohibit overnight camping on the refuge.

(iii) We prohibit overnight parking on the refuge.

(8)

Cat Island National Wildlife Refuge.

(i) We prohibit overnight camping on the refuge.

(ii) We prohibit overnight parking on the refuge.

(iii) We prohibit air-thrust boats on the refuge.

(iv) We prohibit boat launching by trailer from all refuge roads and parking lots except at designated boat ramps.

(9)

D'Arbonne National Wildlife Refuge.

(i) We prohibit motorized boats in the No Gun Hunting Area (the “Beanfield”) from November 1 through January 31.

(ii) We prohibit leaving boats and other personal property on the refuge overnight.

(10)

Grand Cote National Wildlife Refuge.

(i) We prohibit overnight camping on the refuge.

(ii) We prohibit overnight parking on the refuge.

(iii) We allow only electric-powered or nonmotorized boats.

(11)

Lacassine National Wildlife Refuge.

(i) We prohibit overnight camping on the refuge.

(ii) We allow boats of all motor types with 40 horsepower or less in Lacassine Pool.

(iii) We prohibit boats in Lacassine Pool and Unit D from October 16 through March 14. We prohibit boats in Units A and C.

(iv) We prohibit air-thrust boats, all-terrain vehicles (ATVs), and Jet Skis on the refuge (see § 27.31(f) of this chapter).

(v) We prohibit dragging or driving of boats over levees.

(vi) You must only launch trailered boats at the cement ramps at the public boat launches in Lacassine Pool.

(vii) We only allow boats powered by paddling or trolling motors in the Unit D impoundment within Lacassine Pool.

(12)

Lake Ophelia National Wildlife Refuge.

(i) We allow watercraft with motors up to 36 horsepower in Possum Bayou (north of boat ramp), Palmetto Bayou, Duck Lake, Westcut Lake, Point Basse, and Nicholas Lake.

(ii) We allow electric-powered or nonmotorized boats in Doomes Lake, Lake Long, Possum Bayou (south of boat ramp), and Lake Ophelia.

(iii) We prohibit overnight camping on the refuge.

(iv) We prohibit overnight parking on the refuge.

(13)

Mandalay National Wildlife Refuge.

(i) We allow air-cooled propulsion engines on the refuge.

(ii) We prohibit air-thrust boats or marsh buggies on the refuge. We restrict motorized boat use to existing canals, ditches, trenasses, and ponds.

(14)

Sabine National Wildlife Refuge.

(i) You may access the hunt areas by boat using the boat launches at the West Cove Public Use Area or by access through Burton Canal. You may access hunt areas by vehicle from Vastar Road or designated turnouts within the refuge public hunt area along State Highway 27 (see § 27.31 of this chapter) unless otherwise posted.

(ii) We allow hand launching of small boats along Vastar Road (no trailers allowed). We allow hand launching of nonmotorized boats into Units 1A and 1B from Blue Crab Recreation Area for recreational paddling year-round.

(iii) We allow operation of outboard motors in designated refuge canals only. We allow trolling motors within the refuge marshes.

(iv) We prohibit air-thrust boats, personal motorized watercraft (

e.g.,

Jet Skis), and all-terrain vehicles (ATVs) on the refuge (see § 27.31(f) of this chapter) unless otherwise posted.

(v) We prohibit overnight camping on the refuge.

(vi) We prohibit swimming and/or wading in the refuge canals and waterways.

(15)

Tensas River National Wildlife Refuge.

(i) We allow nonmotorized boats, electric motors, and boats with motors 10 horsepower or less in refuge lakes, streams, and bayous. Boaters must follow State boating regulations, including those for navigation lights. We prohibit boat storage on the refuge.

(ii) We allow use of nonmotorized bicycles on designated all-terrain vehicle (ATV) trails.

(16)

Upper Ouachita National Wildlife Refuge.

(i) We prohibit outboard motors in the Wigeon Ponds (only trolling motors allowed).

(ii) We prohibit launching boats from a trailer or from a nondesignated boat ramp within the Mollicy levee.

(r)

Maine

—(1)

Rachel Carson National Wildlife Refuge.

(i) We allow car-top launching from legal sunrise to legal sunset on the following areas of the refuge:

(A) At Brave Boat Harbor division on Chauncey Creek at the intersection of Cutts Island Road and Sea Point Road.

(B) At Little River division at the end of Granite Point Road into the Little River.

(C) At Spurwink River division on the upstream side of Route 77 at the old road crossing.

(ii) [Reserved]

(2) [Reserved]

(s)

Maryland

—(1)

Blackwater National Wildlife Refuge.

(i) We prohibit boat launching from refuge lands except from the car-top boat launch located near the Blackwater River Bridge on Route 335. Only canoes, kayaks, and small jon boats under 17 feet are considered car-top boats.

(ii) We prohibit the use of airboats on refuge waters.

(2)

Eastern Neck National Wildlife Refuge.

(i) We prohibit boat launching from refuge lands except for canoes and kayaks at the canoe/kayak ramp located at the Ingleside Recreation Area.

(ii) [Reserved]

(t)-(u) [Reserved]

(v)

Minnesota

—(1)

Big Stone National Wildlife Refuge.

(i) We allow nonmotorized boats and boats using electric motors only in the Minnesota River channel. We prohibit boats on all other refuge waters.

(ii) [Reserved]

(2)

Upper Mississippi River National Wildlife and Fish Refuge

—(i)

Wildlife observation, photography, interpretation, environmental education, and other general recreational uses.

We allow wildlife-dependent uses and other recreational uses, such as, but not limited to, sightseeing, hiking, bicycling on roads or trails, picnicking, and swimming, on areas designated by the refuge manager and shown on maps available at refuge offices, subject to the following conditions:

(A) In areas posted and shown on maps as “No Entry—Sanctuary,” we prohibit entry as specified on signs or maps (see § 32.42 of this chapter for list of areas and locations).

(B) In areas posted and shown on maps as “Area Closed,” “Area Closed—No Motors,” and “No Hunting Zone” (Goose Island), we ask that you practice voluntary avoidance of these areas by

any means or for any purpose from October 15 to the end of the respective State duck hunting season. In areas marked “no motors,” we prohibit the use of motors on watercraft from October 15 to the end of the respective State duck hunting season (see § 32.42 of this chapter for list of areas and locations).

(C) Commercial tours and filming (see § 27.71 of this chapter) require a permit (FWS Form 3-1383-C) issued by the refuge or district manager.

(D) We allow the collecting of edible fruits, nuts, mushrooms, or other plant parts for personal use (no sale or barter allowed). We limit the amount you may collect to 2 gallons by volume per person, per day. We also allow the collecting of shed deer antlers for personal use.

(E) We prohibit the harvest of wild rice; plant and animal specimens; and other natural objects, such as rocks, stones, or minerals (see § 27.21 of this chapter). We only allow the collection of plants or their parts for ornamental use by permit (FWS Form 3-1383-G) issued by the refuge or district manager.

(F) We prohibit the cutting, removal, or damage of any tree or vegetation on the refuge without a permit from the refuge or district manager. We prohibit attaching nails, screws, or other hardware to any tree (see § 32.2(i) of this chapter).

(G) We prohibit all vehicle use on or across refuge lands at any time except on designated routes of travel or on the ice over navigable waters accessed from boat landings. We prohibit parking beyond vehicle control barriers or on grass or other vegetation. We prohibit parking or operating vehicles in a manner that obstructs or impedes any road, trail, fire lane, boat ramp, access gate, or other facility, or in a manner that creates a safety hazard or endangers any person, property, or environmental feature. We may impound any vehicle left parked in violation at the owner's expense (see § 27.31(h) of this chapter).

(H) We allow dogs and other domestic animals on the refuge subject to the following conditions:

(

1

) We prohibit dogs disturbing or endangering wildlife or people while on the refuge.

(

2

) While on the refuge, all dogs must be under the control of their owners/handlers at all times or on a leash.

(

3

) We prohibit allowing dogs to roam.

(

4

) All dogs must be on a leash when on hiking trails, or other areas so posted.

(

5

) We allow working a dog in refuge waters by tossing a retrieval dummy or other object for out-and-back exercise.

(

6

) We encourage the use of dogs for hunting (see § 32.42 of this chapter), but we prohibit field trials and commercial/professional dog training.

(

7

) Owners/handlers of dogs are responsible for disposal of dog droppings in refuge public use concentration areas such as trails, sandbars, and boat landings.

(

8

) We prohibit horses and all other domestic animals on the refuge unless confined in a vehicle, boat, trailer, kennel, or other container (see § 26.21 of this chapter).

(I) We prohibit the discharging of firearms (including dog training pistols and dummy launchers), air guns, or any other weapons on the refuge, unless you are a licensed hunter or trapper engaged in authorized activities during established seasons, as governed by Federal, State, and local regulations. We prohibit target practice on the refuge (see §§ 27.42 and 27.43 of this chapter).

(J) We prohibit the use or possession of glass food and beverage containers on lands within the refuge.

(K) We require that you keep all refuge lands clean during your period of use or occupancy. At all times you must keep all refuse, trash, and litter contained in bags or other suitable containers and not left scattered on the ground or in the water. You must remove all personal property, refuse, trash, and litter immediately upon vacating a site. We require that human solid waste and associated material be either removed and properly disposed of off-refuge or be buried on site to a depth of 6 to 8 inches (15 to 20 centimeters) and at least 50 feet (15 meters) from water's edge (see § 27.94 of this chapter).

(ii)

Watercraft.

We allow the use of watercraft of all types and means of propulsion on all navigable waters of the refuge as governed by State regulations subject to the following conditions:

(A) In areas posted and shown on maps as “Electric Motor Area,” we prohibit motorized vehicles and watercraft year-round except watercraft powered by electric motors or nonmotorized means. We do not prohibit the possession of watercraft motors in these areas, only their use. These areas are:

(

1

) Island 42, Pool 5, Minnesota, 459 acres.

(

2

) Snyder Lake, Pool 5A, Minnesota, 182 acres.

(

3

) Mertes Slough, Pool 6, Wisconsin, 222 acres.

(

4

) Browns Marsh, Pool 7, Wisconsin, 827 acres.

(

5

) Hoosier Lake, Pool 10, Wisconsin, 162 acres.

(B) In areas posted and shown on maps as “Slow No Wake Area,” we require watercraft to travel at slow, no-wake speed (as governed by applicable State law) from March 16 through October 31. We also prohibit the operation of airboats or hovercraft in these areas from March 16 through October 31. These areas are:

(

1

) Nelson-Trevino, Pool 4, Wisconsin, 2,626 acres.

(

2

) Denzers Slough, Pool 5A, Minnesota, 83 acres.

(

3

) Black R

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