2020-2021 Station-Specific Hunting and Sport Fishing Regulations

Federal RegisterApr 9, 2020

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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Parts 32, 36, and 71

[Docket No. FWS-HQ-NWRS-2020-0013; FXRS12610900000-201-FF09R20000]

RIN 1018-BE50

2020-2021 Station-Specific Hunting and Sport Fishing Regulations

AGENCY:

Fish and Wildlife Service, Interior.

ACTION:

Proposed rule.

SUMMARY:

We, the U.S. Fish and Wildlife Service (Service), propose to open, for the first time, eight National Wildlife Refuges (NWRs) that are currently closed to hunting and sport fishing. In addition, we propose to open or expand hunting and sport fishing at 89 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 2020-2021 season. We also propose to open hunting or sport fishing on nine units of the National Fish Hatchery System (NFHs). We also propose to add pertinent station-specific regulations that pertain to migratory game bird hunting, upland game hunting, big game hunting, and sport fishing at these nine NFHs for the 2020-2021 season. Further, we propose to open 41 limited-interest easement NWRs in North Dakota for upland game and big game hunting, and sport fishing in accordance with State regulations. Access to these NWRs is controlled by the current landowners, and, therefore, they are not fully open to the public unless authorized by the landowner. We also propose to make regulatory changes to existing station-specific regulations in order to reduce the regulatory burden on the public, increase access for hunters and anglers on Service lands and waters, and comply with a Presidential mandate for plain language standards. Lastly, we propose to prohibit domestic sheep, goat, and camelid pack animals on the Arctic National Wildlife Refuge.

DATES:

Written comments:

We will accept comments received or postmarked on or before June 8, 2020.

Information Collection Requirements:

If you wish to comment on the information collection requirements in this proposed rule, please note that the Office of Management and Budget (OMB) is required to make a decision concerning the collection of information contained in this proposed rule between 30 and 60 days after publication of this proposed rule in the

Federal Register

. Therefore, comments should be submitted to OMB, with a copy provided to the U.S. Fish and Wildlife Service Information Collection Clearance Officer, by June 8, 2020.

ADDRESSES:

Written comments:

You may submit comments by one of the following methods:

•

Electronically:

Go to the Federal eRulemaking Portal:

http://www.regulations.gov.

In the Search box, type in FWS-HQ-NWRS-2020-0013, which is the docket number for this rulemaking. Then, click on the Search button. On the resulting screen, find the correct document and submit a comment by clicking on “Comment Now!”

•

By hard copy:

Submit by U.S. mail or hand delivery: Public Comments Processing, Attn: FWS-HQ-NWRS-2020-0013; U.S. Fish and Wildlife Service; 5275 Leesburg Pike, MS: PRB/PERMA (JAO); Falls Church, VA 22041-3803.

We will not accept email or faxes. We will post all comments on

http://www.regulations.gov.

This generally means that we will post any personal information you provide us (see Request for Comments, below, for more information). For information on specific refuges' or hatcheries' public use programs and the conditions that apply to them or for copies of compatibility determinations for any refuge(s), contact individual programs at the addresses/phone numbers given in Available Information for Specific Stations under

SUPPLEMENTARY INFORMATION

Information collection requirements:

Send your comments on the requested revision of the information collection request (ICR) 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). Please provide a copy of your comments to the Service Information Collection Clearance Officer, U.S. Fish and Wildlife Service, 5275 Leesburg Pike, MS: PRB/PERMA (JAO), Falls Church, VA 22041-3803 (mail); or

Info_Coll@fws.gov

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

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 Service's mission.

Provisions governing hunting and sport fishing on refuges are in title 50 of the Code of Federal Regulations in part 32 (50 CFR part 32), and 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 under Statutory Authority, 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.

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]) governs the administration and public use of refuges, and the Refuge Recreation Act of 1962 (16 U.S.C. 460k-460k-4) (Recreation Act) governs 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.

Proposed Amendments to Existing Regulations

Updates to Hunting and Fishing Opportunities on NWRs and NFHs

This document proposes to codify in the Code of Federal Regulations all of the Service's hunting and/or sport fishing regulations that we would update since the last time we published a rule amending these regulations (84 FR 47640; September 10, 2019) and that are applicable at Refuge System and Hatchery System units previously opened to hunting and/or sport fishing. We propose this to better inform the general public of the regulations at each station, to increase understanding and compliance with these regulations, and to make enforcement of these regulations more efficient. In addition to now finding these regulations in 50 CFR 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—Proposed Changes for 2020-2021 Hunting/Sport Fishing Season

Station

State

Migratory bird hunting

Upland game hunting

Big game hunting

Sport fishing

Abernathy Fish Technology Center

Washington

Closed

Alamosa

Colorado

Already Open

Arthur R. Marshall Loxahatchee

Florida

Closed

Assabet River

Massachusetts

C/D

Already Open.

Balcones Canyonlands

Texas

Already Open

Closed.

Bamforth

Wyoming

Closed

Closed.

Banks Lake

Georgia

Closed

Already Open.

Berkshire NFH

Massachusetts

Closed

Big Branch Marsh

Louisiana

C/E

Already Open

Already Open.

Bitter Lake

New Mexico

Already Open

Closed.

Black Bayou Lake

Louisiana

Already Open

Already Open.

Blackwater

Maryland

Closed

Already Open.

Block Island

Rhode Island

Closed

Already Open.

Bogue Chitto

Louisiana and Mississippi

Already Open.

Bombay Hook

Delaware

C/D

Bosque del Apache

New Mexico

C/D

C/D/E

Already Open.

Browns Park

Colorado

Already Open

Already Open.

Buenos Aires

Arizona

Closed.

Buffalo Lake

Texas

C/D

Already Open

Closed.

Cabeza Prieta

Arizona

Closed.

Canaan Valley

West Virginia

Carolina Sandhills

South Carolina

Already Open

Already Open.

Catahoula

Louisiana

Already Open

Already Open.

Cedar Island

North Carolina

Closed

Closed.

Cibola

Arizona and California

C/D

Already Open.

Clarks River

Kentucky

Already Open

Already Open.

Cokeville Meadows

Wyoming

Already Open

Coldwater River

Mississippi

Already Open

Already Open.

Crab Orchard

Illinois

D/E

Already Open

D/E

Already Open.

Crescent Lake

Nebraska

C/D

Dahomey

Mississippi

Already Open.

Deer Flat

Idaho and Oregon

Already Open

Dwight D. Eisenhower NFH

Vermont

Closed

Edwin B. Forsythe

New Jersey

Already Open

Eufaula

Georgia and Alabama

Already Open

Already Open.

Everglades Headwaters

Florida

Fallon

Nevada

Closed.

Fish Springs

Utah

Closed.

Flint Hills

Kansas

Already Open

Already Open.

Fort Niobrara

Nebraska

C/E

Already Open.

Great Meadows

Massachusetts

C/D

Already Open.

Great River

Illinois and Missouri

Already Open

Already Open.

Hart Mountain

Oregon

C/D

Already Open

Already Open.

Horicon

Wisconsin

Already Open.

Hutton Lake

Wyoming

Already Open

Closed.

Iroquois

New York

D/E

Already Open.

John W. and Louise Seier

Nebraska

Closed.

John H. Chafee

Rhode Island

Jordan River NFH

Michigan

Closed.

Kirwin

Kansas

C/E

Kootenai

Idaho

Already Open

Lacreek

South Dakota

C/D

Already Open.

Laguna Atascosa

Texas

Closed

Already Open.

Lamar NFH

Pennsylvania

Closed

Leavenworth NFH

Washington

Already Open.

Lee Metcalf

Montana

Already Open

Leslie Canyon

Arizona

Closed.

Little White Salmon NFH

Washington

Already Open.

Lower Rio Grande Valley

Texas

D/E

C/D/E

Closed.

Marais des Cygnes

Kansas

C/E

Already Open.

Mattamuskeet

North Carolina

Closed

Already Open

Already Open.

Merced

California

Closed

Closed.

Middle Mississippi River

Illinois and Missouri

Already Open

Already Open.

Minidoka

Idaho

C/D

C/D/E

Already Open.

Monte Vista

Colorado

Already Open

Closed.

Montezuma

New York

Muscatatuck

Indiana

Already Open.

Nestucca Bay

Oregon

Closed

Already Open.

Ninigret

Rhode Island

Closed

C/E

Already Open.

Northern Tallgrass Prairie

Minnesota

North Platte

Nebraska

Closed

C/E

D/E

Already Open.

Ottawa

Ohio

Already Open.

Overflow

Arkansas

Already Open

Already Open.

Oxbow

Massachusetts

C/D/E

Already Open.

Pahranagat

Nevada

Already Open

Closed

Already Open.

Pathfinder

Wyoming

Already Open

Closed.

Patoka River

Indiana

C/D

Quivira

Kansas

Already Open.

Rachel Carson

Maine

Already Open

Rydell

Minnesota

Already Open.

Sachuest Point

Rhode Island

Closed

Already Open.

San Diego Bay

California

Closed

San Luis

California

Already Open

Closed

Already Open.

Savannah

South Carolina and Georgia

Already Open

Already Open.

Seatuck

New York

Closed

Already Open.

Spring Creek NFH

Washington

Already Open.

Stewart B. McKinney

Connecticut

D/E

Closed

Closed.

Stillwater

Nevada

Already Open

Closed.

St. Marks

Florida

Already Open

D/E

Already Open.

St. Vincent

Florida

Closed

Already Open.

Swan River

Montana

Already Open

Closed

Already Open.

Swanquarter

North Carolina

Closed

Closed.

Tallahatchie

Mississippi

Already Open.

Tennessee

C/D

C/E

Already Open.

Tensas River

Louisiana

Already Open

Already Open.

Tishomingo

Oklahoma

Already Open

Closed

Already Open

Trustom Pond

Rhode Island

Already Open.

Turnbull

Washington

Closed

Already Open

Closed.

Two Rivers

Illinois and Missouri

Already Open.

Umbagog

New Hampshire and Maine

Already Open

Union Slough

Iowa

Already Open

Already Open.

Valentine

Nebraska

C/D

Already Open.

Wapato Lake

Oregon

Closed

Closed.

Wertheim

New York

Closed

C/E

Already Open.

Willapa

Washington

Already Open

Already Open.

Willard NFH

Washington

Closed

Key:

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).

The changes for the 2020-2021 hunting/fishing season noted in the table 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 proposing to open or expand hunting or sport fishing on 2,300,501 acres within the National Wildlife Refuge System and the National Fish Hatchery System.

Limited-Interest Openings in North Dakota

We are also proposing to open limited-interest NWRs (easement refuges) to hunting and fishing in accordance with State regulations and with access controlled by the current landowners. These easement refuges in North Dakota are a unique mix of government-owned and private property that were established during the 1930s in response to drought and economic depression in North Dakota. The Easement Refuge Program began in 1935 and executed agreements that granted the Federal Government migratory bird and flowage easements, many of them perpetual, for the purposes of water conservation, drought relief, and migratory bird and wildlife conservation. The overarching purpose of the program is management of migratory birds, with these easements serving as breeding grounds for many migratory waterfowl. The easements thus established were later formally designated NWRs and became the 41 easement refuges that the Service now administers (and which the Service retains the right to close to hunting/fishing, and later open, these easement refuges for wildlife, safety, or other reasons).

We propose to open all 41 of these easement refuges to upland game and big game hunting, with migratory bird hunting prohibited due to the migratory bird management purpose of these refuges. It would also open 38 of the easement refuges to sport fishing, as the remaining 3 are already open to sport fishing. This would open a total of 47,419 acres to hunting and fishing, subject to the permission of current landowners.

Other Updates to the Regulations for NWRs

We propose one change to 50 CFR part 36, the regulations concerning Alaska NWRs. Specifically, we propose to prohibit domestic sheep, goats, and camelids on the Arctic National Wildlife Refuge. The purpose of this prohibition is to prevent the spread of diseases and parasites to native wildlife populations, including mountain goats, musk oxen, and especially Dall's sheep. Dall's sheep in Alaska, including on the Arctic National Wildlife Refuge, are free of domestic livestock diseases and are believed to have very low immunity to many of these diseases. Domestic sheep, goats, and camelids (

e.g.,

llamas and alpacas) are recognized as being at high risk for carrying disease organisms, often asymptomatically, that are highly contagious and cause severe illness or death in Dall's sheep.

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.

Request for Comments

You may submit comments and materials on this proposed rule by any one of the methods listed in

ADDRESSES

. We will not accept comments sent by email or fax or to an address not listed in

ADDRESSES

. We will not consider hand-delivered comments that we do not receive, or mailed comments that are not postmarked, by the date specified in

DATES

We will post your entire comment on

http://www.regulations.gov.

Before including personal identifying information in your comment, you should be aware that we may make your entire comment—including your personal identifying information—publicly available at any time. While you can ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so. We will post all hardcopy comments on

http://www.regulations.gov.

Required Determinations

Clarity of This Proposed Rule

Executive Orders 12866 and 12988 and the Presidential Memorandum of June 1, 1998, require us to write all rules in plain language. This means that each rule we publish must:

(a) Be logically organized;

(b) Use the active voice to address readers directly;

(d) Be divided into short sections and sentences; and

(e) Use lists and tables wherever possible.

If you feel that we have not met these requirements, send us comments by one of the methods listed in

ADDRESSES

. To better help us revise the rule, your comments should be as specific as possible. For example, you should tell us the numbers of the sections or paragraphs that are unclearly written, which sections or sentences are too long, the sections where you feel lists or tables would be useful, etc.

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

As a preface to this analysis, note that this proposed rule would open 41 easement refuges to hunting and/or sport fishing, but because these openings are subject to landowner permission, there is no direct economic impact of the regulatory action and the indirect effects are not reasonably foreseeable as they depend on the non-economic decisions of private individuals.

This proposed rule would open or expand hunting and sport fishing on 97 NWRs and 9 NFHs. 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 maximum increase of 24,763 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 Maximum Change in Recreation Opportunities in 2020-2021

[Dollars in thousands]

Station

Additional

hunting days

Additional

fishing days

Additional

expenditures

Abernathy Fish Technology Center (FTC)

Alamosa

200

$9.4

Arthur R. Marshall (ARM) Loxahatchee

242

10.3

Assabet River

195

6.5

Balcones Canyonlands

1.0

Bamforth

0.8

Banks Lake

0.2

Berkshire NFH

365

12.6

Big Branch Marsh

1.3

Bitter Lake

0.5

Black Bayou Lake

Blackwater

Block Island

2.2

Bogue Chitto

2.5

Bombay Hook

365

14.3

Bosque del Apache

1,796

59.8

Browns Park

1.3

Buenos Aires

100

3.3

Buffalo Lake

0.4

Cabeza Prieta

1,525

50.7

Canaan Valley

365

12.6

Carolina Sandhills

Catahoula

Cedar Island

150

5.0

Cibola

800

26.6

Clarks River

760

25.3

Cokeville Meadows

1.2

Coldwater River

Crab Orchard

0.7

Crescent Lake

200

600

27.4

Dahomey

0.5

Deer Flat

120

4.2

Dwight D. Eisenhower NFH

365

12.6

Edwin B. Forsythe

Eufaula

Everglades Headwater

140

365

17.3

Fallon

3,883

129.2

Fish Springs

0.7

Flint Hills

1.7

Fort Niobrara

2.0

Great Meadows

178

5.9

Great River

1.8

Hart Mountain

100

3.3

Horicon

110

3.7

Hutton Lake

100

3.3

Iroquois

160

5.3

John W. and Louise Seier

200

6.7

John H. Chafee

178

365

18.6

Jordan NFH

0.6

Kirwin

245

8.2

Kootenai

1.7

Lacreek

275

9.1

Laguna Atascosa

3.2

Lamar NFH

365

12.6

Leavenworth NFH

Lee Metcalf

200

6.7

Leslie Canyon

116

3.9

Little White Salmon NFH

1.7

Lower Rio Grande Valley

1.6

Marais des Cygnes

0.8

Mattamuskeet

2.1

Merced

1.7

Middle Mississippi River

1.2

Minidoka

100

3.3

Monte Vista

0.8

Montezuma

211

7.0

Muscatatuck

1.8

Nestucca Bay

1.1

Ninigret

1.5

North Platte

0.9

Northern Tallgrass Prairie

3.0

Ottawa

0.7

Overflow

Oxbow

207

6.9

Pahranagat

3.3

Pathfinder

0.7

Patoka River

3.5

Quivira

425

14.1

Rachel Carson

Rydell

110

3.7

Sachuest Point

1.0

San Diego Bay

365

12.6

San Luis

1.7

Savannah

1,245

Seatuck

3.0

Spring Creek NFH

0.7

St. Marks

520

17.3

St. Vincent

300

10.0

Stewart B. McKinney

262

8.7

Stillwater

2.1

Swan River

0.5

Swanquarter

2.5

Tallahatchie

0.5

Tennessee

265

8.8

Tensas

Tishomingo

525

18.2

Trustom Pond

Turnbull

120

4.0

Two Rivers

162

5.4

Umbagog

365

12.6

Union Slough

0.5

Valentine

750

25.0

Wapato Lake

2,304

76.7

Wertheim

2.7

Willapa

492

16.4

Willard NFH

Total

19,689

5,074

830.8

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 2016 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 $830,800 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 (2.51) derived from the report “Hunting in America: An Economic Force for Conservation” and for fishing activities (2.51) derived from the report “Sportfishing in America” yields a total maximum economic impact of approximately $3.3 million (2019 dollars) (Southwick Associates, Inc., 2018). 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 $3.3 million, and likely 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 $654,000 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 at most $830,800 to be spent in total in the refuges' local economies. The maximum increase will be less than two-tenths of 1 percent for local retail trade spending (see Table 3, below). Table 3 does not include entries for those NWRs and NFHs for which we project no changes in recreation opportunities in 2020-2021; see Table 2, above.

Table 3—Comparative Expenditures for Retail Trade Associated With Additional Station Visitation for 2020-2021

[Thousands, 2019 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

employees

in 2012

Alamosa:

Alamosa, CO

$312,549

$4.7

<0.01%

Conejos, CO

40,009

4.7

0.01

ARM Loxahatchee:

Palm Beach, FL

21,936,473

10.3

<0.01

5,236

3,925

Assabet River:

Middlesex, MA

23,767,638

6.5

<0.01

5,156

3,594

Balcones Canyonlands:

Travis, TX

17,352,705

0.3

<0.01

3,469

2,432

Burnet, TX

687,767

0.3

<0.01

182

148

Williamson, TX

9,559,523

0.3

<0.01

1,277

840

Bamforth:

Albany, WY

533,993

0.8

<0.01

141

103

Banks Lake:

Lanier, GA

0.2

Berkshire NFH:

Berkshire, MA

2,134,074

12.6

<0.01

711

508

Big Branch Marsh:

St. Tammany, LA

3,953,819

1.3

<0.01

915

656

Bitter Lake:

Chaves, NM

996,707

0.5

<0.01

233

153

Block Island:

Washington, RI

1,865,967

2.2

<0.01

548

394

Bogue Chitto:

St. Tammany, LA

3,953,819

0.8

<0.01

915

656

Washington, LA

330,750

0.8

<0.01

138

104

Pearl River, MS

531,519

0.8

<0.01

172

128

Bombay Hook:

Kent, DE

2,996,217

14.3

<0.01

561

368

Bosque del Apache:

Socorro, NM

133,401

59.8

0.04

Browns Park:

Moffat, CO

224,866

1.3

<0.01

Buenos Aires:

Pima, AZ

12,668,688

3.3

<0.01

2,770

1,857

Buffalo Lake:

Randall, TX

2,009,993

0.4

<0.01

352

247

Cabeza Prieta:

Yuma, AZ

2,222,557

25.4

<0.01

449

302

Pima, AZ

12,668,688

25.4

<0.01

2,770

1,857

Canaan Valley:

Tucker, WV

55,811

12.6

0.02

Cedar Island:

Carteret, NC

1,083,228

5.0

<0.01

363

276

Cibola:

La Paz, AZ

485,448

13.3

<0.01

Imperial, CA

1,867,209

13.3

<0.01

446

297

Clarks River:

Marshall, KY

436,873

8.4

<0.01

103

Graves, KY

449,527

8.4

<0.01

123

McCracken, KY

1,824,502

8.4

<0.01

411

256

Cokeville Meadows:

Lincoln, WY

201,089

1.2

<0.01

Crab Orchard:

Williamson, IL

1,243,002

0.2

<0.01

271

185

Union, IL

186,073

0.2

<0.01

Jackson, IL

1,122,791

0.2

<0.01

225

143

Crescent Lake:

Garden, NE

13,232

27.4

0.21

Dahomey:

Bolivar, MS

413,290

0.5

<0.01

161

120

Deer Flat:

Canyon, ID

2,393,412

2.1

<0.01

485

351

Malheur, OR

595,184

2.1

<0.01

120

Dwight D. Eisenhower NFH:

Rutland, VT

1,205,694

12.6

<0.01

411

303

Eufaula:

Quitman, GA

13,494

<0.1

<0.01

Stewart, GA

19,042

<0.1

<0.01

Barbour, AL

229,916

<0.1

<0.01

Russell, AL

556,440

<0.1

<0.01

155

120

Everglades Headwater:

Polk, FL

7,232,622

8.7

<0.01

1,756

1,317

Okeechobee, FL

565,749

8.7

<0.01

157

120

Fallon:

Churchill, NV

261,819

129.2

0.05

Fish Springs:

Juab, UT

127,530

0.7

<0.01

Flint Hills:

Coffey, KS

123,995

0.8

<0.01

Lyon, KS

549,988

0.8

<0.01

162

121

Fort Niobrara:

Cherry, NE

97,237

2.0

<0.01

Great Meadows:

Middlesex, MA

23,767,638

5.9

<0.01

5,156

3,594

Great River:

Pike, IL

194,031

0.6

<0.01

Clark, MO

130,470

0.6

<0.01

Shelby, MO

65,630

0.6

<0.01

Hart Mountain:

Lake, OR

83,366

3.3

<0.01

Horicon:

Dodge, WI

927,521

1.8

<0.01

234

159

Fond du Lac, WI

1,561,559

1.8

<0.01

354

225

Hutton Lake:

Albany, WY

533,993

3.3

<0.01

141

103

Iroquois:

Genesee, NY

874,965

2.7

<0.01

219

163

Orleans, NY

281,049

2.7

<0.01

John W. and Louise Seier:

Rock, NE

7,556

6.7

0.09

John H. Chafee:

Washington, RI

1,865,967

18.6

<0.01

548

394

Jordan River NFH:

Antrim, MI

188,903

0.6

<0.01

Kirwin:

Phillips, KS

57,317

8.2

0.01

Kootenai:

Boundary, ID

111,427

1.7

<0.01

Lacreek:

Bennett, SD

36,017

9.1

0.03

Laguna Atascosa:

Cameron, TX

4,593,067

3.2

<0.01

1,119

758

Lamar NFH:

Clinton, PA

648,726

12.6

<0.01

121

Lee Metcalf:

Ravalli, MT

368,170

6.7

<0.01

166

124

Leslie Canyon:

Cochise, AZ

1,411,126

3.9

<0.01

408

301

Little White Salmon NFH:

Skamania, WA

28,090

1.7

0.01

Lower Rio Grande Valley:

Willacy, TX

131,872

0.5

<0.01

Hildalgo, TX

175,611

0.5

<0.01

Starr, TX

484,809

0.5

<0.01

135

Marais des Cygnes:

Linn, KS

59,571

0.8

<0.01

Mattamuskeet:

Hyde, NC

33,868

2.1

0.01

Merced:

Merced, CA

2,181,912

1.7

<0.01

528

348

Middle Mississippi River:

Monroe, IL

536,378

0.4

<0.01

Randolph, IL

415,738

0.4

<0.01

100

Jefferson, MO

435,265

0.4

<0.01

128

Minidoka:

Power, ID

32,991

0.8

<0.01

Cassia, ID

360,659

0.8

<0.01

116

Blaine, ID

332,491

0.8

<0.01

183

153

Minidoka, ID

175,875

0.8

<0.01

Monte Vista:

Alamosa, CO

312,549

0.4

<0.01

Rio Grande, CO

111,147

0.4

<0.01

Montezuma:

Cayuga, NY

973,987

2.3

<0.01

260

195

Seneca, NY

545,489

2.3

<0.01

183

114

Wayne, NY

915,984

2.3

<0.01

267

181

Muscatatuck:

Jackson, IN

660,019

0.9

<0.01

183

140

Jennings, IN

219,265

0.9

<0.01

Nestucca Bay:

Lincoln, OR

646,693

1.1

<0.01

307

251

Ninigret:

Washington, RI

1,865,967

1.5

<0.01

548

394

North Platte:

Scotts Bluff, NE

0.9

178

128

Northern Tallgrass Prairie:

Pipestone, MN

150,875

1.0

<0.01

Pope, MN

154,224

1.0

<0.01

Swift, MN

104,292

1.0

<0.01

Ottawa:

Ottawa, OH

476,239

0.7

<0.01

144

109

Oxbow:

Middlesex, MA

23,767,638

3.4

<0.01

5,156

3,594

Worcester, MA

12,155,780

3.4

<0.01

2,572

1,788

Pahranagat:

Lincoln, NV

3.3

Pathfinder:

Natrona, WY

1,656,388

0.3

<0.01

363

262

Carbon, WY

340,129

0.3

<0.01

Patoka River:

Pike, IN

80,767

1.7

<0.01

Gibson, IN

620,865

1.7

<0.01

120

Quivira:

Stafford, KS

38,722

4.7

0.01

Rice, KS

55,698

4.7

0.01

Reno, KS

911,013

4.7

<0.01

265

194

Rydell:

Polk, MN

369,241

3.7

<0.01

109

Sachuest Point:

Newport, RI

1,243,192

1.0

<0.01

430

332

San Diego Bay:

San Diego, CA

44,302,582

12.6

<0.01

9,219

6,314

San Luis:

Merced, CA

2,181,912

1.7

<0.01

528

348

Seatuck:

Suffolk, NY

26,383,026

3.0

<0.01

6,524

3,904

Spring Creek NFH:

Skamania, WA

28,090

0.3

<0.01

Klickitat, WA

71,785

0.3

<0.01

St. Marks:

Wakulla, FL

186,734

5.8

<0.01

Jefferson, FL

98,784

5.8

0.01

Taylor, FL

230,580

5.8

<0.01

St. Vincent:

Franklin, FL

108,995

10.0

0.01

Stewart B. McKinney:

Fairfield, CT

16,888,208

2.9

<0.01

3,459

2,453

New Haven, CT

12,880,670

2.9

<0.01

2,901

2,015

Middlesex, CT

2,452,586

2.9

<0.01

659

455

Stillwater:

Churchill, NV

261,819

2.1

<0.01

Swan River:

Lake, MT

66,984

0.5

<0.01

Swanquarter:

Hyde, NC

33,868

2.5

0.01

Tallahatchie:

Tallahatchie, MS

60,260

0.2

<0.01

Grenada, MS

462,248

0.2

<0.01

120

Tennessee:

Henry, TN

545,041

2.2

<0.01

139

Benton, TN

167,976

2.2

<0.01

Decator, TN

85,132

2.2

<0.01

Hunphreys, TN

206,806

2.2

<0.01

Tishomingo:

Johnston, OK

68,010

9.1

0.01

Marshall, OK

177,989

9.1

0.01

Turnbull:

Spokane, WA

7,305,612

4.0

<0.01

1,617

1,108

Two Rivers:

Jersey, IL

256,816

1.3

<0.01

Calhoun, IL

30,438

1.3

<0.01

Greene, IL

139,806

1.3

<0.01

St. Charlies, MO

5,536,064

1.3

<0.01

1,085

695

Umbagog:

Oxford, ME

680,802

6.3

<0.01

222

163

Coos, NH

630,944

6.3

<0.01

184

143

Union Slough:

Kossuth, IA

274,837

0.5

<0.01

Valentine:

Cherry, NE

97,237

25.0

0.03

Wapato Lake:

Washington, OR

9,342,147

38.3

<0.01

1,573

1,002

Yamhill, OR

987,290

38.3

<0.01

283

201

Wertheim:

Suffolk, NY

26,383,026

2.7

<0.01

6,524

3,904

Willapa:

Pacific, WA

120,098

16.4

0.01

U.S. Census Bureau. “D” denotes sample size too small to report data.

With the small change in overall spending anticipated from this proposed 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, as proposed, will not have a significant economic effect on a substantial number of small entities as defined under the Regulatory Flexibility Act (5 U.S.C. 601

et seq.

). A regulatory flexibility analysis is not required. Accordingly, a small entity compliance guide is not required.

Small Business Regulatory Enforcement Fairness Act

The proposed 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 proposed rule:

a. Would not have an annual effect on the economy of $100 million or more. The minimal impact would be scattered across the country and would most likely not be significant in any local area.

b. Would not cause a major increase in costs or prices for consumers; individual industries; Federal, State, or local government agencies; or geographic regions. This proposed rule would 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 would 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 would be small. We do not expect this proposed 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. Would 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 proposed rule represents only a small proportion of recreational spending at NWRs. Therefore, if adopted, this rule would 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 proposed rule would apply to public use of federally owned and managed refuges, it would not impose an unfunded mandate on State, local, or Tribal governments or the private sector of more than $100 million per year. The proposed rule would 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 proposed rule would not have significant takings implications. This proposed rule would affect only visitors at NWRs and NFHs, and would describe 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 proposed rule would not have sufficient federalism implications to warrant the preparation of a federalism summary impact statement under E.O. 13132. In preparing this proposed 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 proposed rule would 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 proposed rule would add 8 NWRs to the list of refuges open to hunting and sport fishing, open or expand hunting or sport fishing at 89 other NWRs, and open 9 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 proposed rule does not contain any new collections of information that require approval by the Office of Management and Budget (OMB). All information collections require 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 01/31/2023),

• 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).

In accordance with the PRA and 5 CFR 1320.8(d)(1), we provide the general public and other Federal agencies with an opportunity to comment on our proposal to renew OMB control number 1018-0140. This helps us assess the impact of our information collection requirements and minimize the public's reporting burden. It also helps the public understand our information collection requirements and provide the requested data in the desired format.

The Service's proposed rule (RIN 1018-BE50) would open, for the first time, eight National Wildlife Refuges (NWRs) that are currently closed to hunting and sport fishing. In addition, we propose to open or expand hunting and sport fishing at 89 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 2020-2021 season. We also propose to open hunting or sport fishing on nine units of the National Fish Hatchery System (NFHs). We also propose to add pertinent station-specific regulations that pertain to migratory game bird hunting, upland game hunting, big game hunting, and sport fishing at these nine NFHs for the 2020-2021 season. Further, we propose to open 41 limited-interest easement NWRs in North Dakota for upland game and big game hunting in accordance with State regulations. Access to these NWRs is controlled by the current landowners, and, therefore, they are not fully open to the public unless authorized by the landowner. The additional burden of information collection through the opening of these NWRs to hunting and/or sport fishing will also be included in this application to OMB to revise OMB Control No. 1018-0140.

Many refuges offer hunting and sport fishing activities without collecting any information. Those refuges that do collect hunter and angler information do so seasonally, usually once a year at the beginning of the hunting or sport fishing season. Some refuges may elect to collect the identical information via a non-form format (letter, email, or through discussions in person or over the phone). Some refuges provide the form electronically over the internet. In some cases, because of high demand and limited resources, we often provide hunt opportunities by lottery, based on dates, locations, or type of hunt.

Hunting Applications/Permit (FWS Form 3-2439, Hunt Application—National Wildlife Refuge System)

Form 3-2439 collects the following information from individuals seeking hunting experiences on the National Wildlife Refuge System:

• Lottery Application: Refuges who administer hunting via a lottery system will use Form 3-2439 as the lottery application. If the applicant is successful, the completed Form 3-2439 also serves as their permit application, avoiding a duplication of burden on the public filling out two separate forms.

• Date of application: We often have application deadlines and this

information helps staff determine the order in which we received the applications. It also ensures that the information is current.

• Methods: Some refuges hold multiple types of hunts,

i.e.,

archery, shotgun, primitive weapons, etc. We ask for this information to identify which opportunity(ies) a hunter is applying for.

• Species Permit Type: Some refuges allow only certain species, such as moose, elk, or bighorn sheep to be hunted. We ask hunters to identify which species hunt they are applying for.

• Applicant information: We collect name, address, phone number(s), and email so we can contact the applicant/permittee either during the application process, when the applicant is successful in a lottery drawing, or after receiving a permit.

• Party Members: Some refuges allow the permit applicant to include additional hunters in their group. We collect the names of all additional hunters, when allowed by the refuge.

• Parent/Guardian Contact Information: We collect name, relationship, address, phone number(s), and email for a parent/guardian of youth hunters. We ask for this information in the event of an emergency.

• Date: We ask hunters for their preferences for hunt dates.

• Hunt/Blind Location: We ask hunters for their preferences for hunt units, areas, or blinds.

• Special hunts: Some refuges hold special hunts for youth, hunters who are disabled, or other underserved populations. We ask hunters to identify if they are applying for these special hunts. For youth hunts, we ask for the age of the hunter at the time of the hunt.

• Signature and date: To confirm that the applicant (and parent/guardian, if a youth hunter) understands the terms and conditions of the permit.

Sport Fishing Application/Permit (FWS Form 3-2358, “Sport Fishing-Shrimping-Crabbing-Frogging Permit Application”)

Form 3-2358 allows the applicant to choose multiple permit activities, and requests the applicant provide the state fishing license number. The form provides the refuge with more flexibility to insert refuge-specific requirements/instructions, along with a permit number and validity dates for season issued.

We collect the following information from individuals seeking sport fishing experiences:

• Date of application: We often have application deadlines and this information helps staff determine the order in which we received the applications. It also ensures that the information is current.

• State fishing license number: We ask for this information to verify the applicant is legally licensed by the state (where required).

• Permit Type: On sport fishing permits, we ask what type of activity (crabbing, shrimping, frogging, etc.) is being applied for.

• Applicant information: We collect name, address, phone number(s), and email so we can contact the applicant/permittee either during the application process or after receiving a permit.

• Signature and date: To confirm that the applicant (and parent/guardian, if a youth hunter) understands the terms and conditions of the permit.

Harvest/Fishing Activity Reports

We have four harvest/fishing activity reports, depending on the species. We ask users to report on their success after their experience so that we can evaluate hunt quality and resource impacts. We use the following activity reports, which we distribute during appropriate seasons, as determined by State or Federal regulations:

• FWS Form 3-2359 (Big Game Harvest Report).

• FWS Form 3-2360 (Sport Fishing Report).

• FWS Form 3-2361 (Migratory Bird Hunt Report).

• FWS Form 3-2362 (Upland/Small Game/Furbearer Report).

We collect the following information on the harvest reports:

• Name of refuge and location: We ask this to track responses by location, which is important when we manage more than one refuge or activity area from one office.

• Date: We ask when the hunter/angler participated in the activity. This helps us identify use trends so we have resources available.

• Hours/Time in/out: We ask this to determine how long the hunter/angler participated in the activity. We also use this to track use so we can allocate resources appropriately.

• Name, City, State: We ask for a name so we can identify the user. We ask for residence information to help establish use patterns (if users are local or traveling).

• Number harvested/caught based on species: We ask this to determine the impacts on wildlife/fish populations, relative success, and quality of experience.

• Species harvested/caught: We ask this to determine the impacts on wildlife/fish populations, relative success, and quality of experience.

Labeling/Marking Requirements

As a condition of the permit, some refuges require permittees to label hunting and/or sport fishing gear used on the refuge. This equipment may include items such as the following: Tree stands, blinds, or game cameras; hunting dogs (collars); flagging/trail markers; boats; and/or sport 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.

Required 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 encompassing privately owned lands, referred to as “easement overlay refuges” or “limited-interest easement refuges,” may also require the hunter obtain written or oral permission from the landowner prior to accessing the land.

Self-Clearing Daily Check-In/Out Permit (FWS Form 3-2405)

FWS Form 3-2405 has three parts:

• Self-Clearing Daily Check-in Permit. Each user completes this portion of the form (date of visit, name, and telephone numbers) and deposits it in the permit box prior to engaging in any activity on the refuge.

• Self-Clearing Daily Visitor Registration Permit. Each user must complete the front side of the form (date, name, city, State, zip code, and purpose of visit) and carry this portion while on the refuge. At the completion of the visit, each user must complete the reverse side of the form (number of hours on refuge, harvest information (species and number), harvest method, angler information (species and number), and wildlife sighted (

e.g.,

black bear and hog) and deposit it in the permit box.

• Self-Clearing Daily Vehicle Permit. The driver and each user traveling in the vehicle must complete this portion

(date) and display in clear view in the vehicle while on the refuge.

We use FWS Form 3-2405 to collect:

• Information on the visitor (name, address, and contact information). We use this information to identify the visitor or driver/passenger of a vehicle while on the refuge. This is extremely valuable information should visitors become lost or injured. Law enforcement officers can easily check vehicles for these cards in order to determine a starting point for the search or to contact family members in the event of an abandoned vehicle. Having this information readily available is critical in a search and rescue situation.

• Purpose of visit (hunting, sport fishing, wildlife observation, wildlife photography, auto touring, birding, hiking, boating/canoeing, visitor center, special event, environmental education class, volunteering, other recreation). This information is critical in determining public use participation in wildlife management programs. This not only allows the refuge to manage its hunt and other visitor use programs, but also to increase and/or improve facilities for non-consumptive uses that are becoming more popular on refuges. Data collected will also help managers better allocate staff and resources to serve the public as well as develop annual performance measures.

• Success of harvest by hunters/anglers (number and type of harvest/caught). This information is critical to wildlife management programs on refuges. Each refuge will customize the form by listing game species and incidental species available on the refuge, hunting methods allowed, and data needed for certain species (

e.g.,

for deer, whether itis a buck or doe and the number of points; or for turkeys, the weight and beard and spur lengths).

• Visitors observations of incidental species. This information will help managers develop annual performance measures and it provides information to help develop resource management planning.

• Photograph of animal harvested (specific refuges only). This requirement documents the sex of animal prior to the hunter being eligible to harvest the opposite sex (where allowed).

• Date of visit and/or area visited.

• Comments. We encourage visitors to comment on their experience.

Due to the wide range of hunting and sport fishing opportunities offered on the National Wildlife Refuge and National Fish Hatchery Systems, the refuges and fish hatcheries may customize the forms to remove any fields that are not pertinent to the recreational opportunities they offer. Refuges will not add any new fields to the forms, but the order of the fields may be reorganized. Refuges may customize the forms with instructions and permit conditions specific to a particular unit for the hunting/sport fishing activity.

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:

Extension 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.

Estimated Annual Non-hour Burden Cost:

None.

Activity

Annual

number

of responses

Completion

time per

response

(minutes)

Total annual

burden hours

Hunting and Sport Fishing Permit Applications:

Form 3-2439 Hunt Application/Permit

355,663

59,277

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

2,521

210

Subtotal Applications:

358,184

59,487

Harvest Activity Reports:

Form 3-2359 Big Game Harvest Report

93,717

23,429

Form 3-2360 Sport Fishing Harvest Report

429,534

107,384

Form 3-2361 Migratory Bird Harvest Report

33,477

8,369

Form 3-2362 Upland Game Furbearer Harvest Report

25,524

6,381

Subtotal Activity Reports:

582,253

145,563

Labeling/Marking Requirements

2,203

367

Required Notifications

433

217

Form 3-2405 Check-In/Out Permit

663,000

55,250

Subtotal Other Requirements:

665,595

55,813

Totals:

1,606,032

260,863

The above burden estimates indicate an expected total of 1,606,031 responses and 260,863 burden hours across all of our forms. These totals reflect expected increases of 31,490 responses and 5,114 burden hours relative to the 2019-2020 rule and previous ICR. We expect such increases in the use of our forms because we anticipate increased hunting and fishing activity as a direct result of the increased number of hunting and fishing opportunities on Service stations under the proposed rule.

As part of our continuing effort to reduce paperwork and respondent burdens, and in accordance with 5 CFR 1320.8(d)(1), we invite the public and other Federal agencies to comment on any aspect of this proposed information collection, including:

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

(2) The accuracy of our estimate of the burden for this collection of information, including the validity of the methodology and assumptions used;

(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 those who are to respond, including through

the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology,

e.g.,

permitting electronic submission of response.

Send your comments and suggestions on this information collection by the date indicated in the

DATES

section 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 request(s) at

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

Please provide a copy of your comments to the Service Information Collection Clearance Officer, U.S. Fish and Wildlife Service, 5275 Leesburg Pike, MS: PRB/PERMA (JAO), Falls Church, VA 22041-3803 (mail); 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 would 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 proposed 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 proposed 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 proposed 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 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.

Proposed Regulation Promulgation

For the reasons set forth in the preamble, we propose to 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 32—HUNTING AND FISHING

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

Authority:

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

2. Amend § 32.7 by:

a. Redesignating paragraph (c)(8) as paragraph (c)(9) and adding a new paragraph (c)(8);

b. Redesignating paragraphs (e)(17) through (22) as paragraphs (e)(18) through (23) and adding a new paragraph (e)(17);

c. Redesignating paragraphs (i)(5) through (14) as paragraphs (i)(6) through (15) and adding a new paragraph (i)(5);

d. Redesignating paragraphs (aa)(4) through (6) as paragraphs (aa)(5) through (7) and adding a new paragraph (aa)(4);

e. Redesignating paragraphs (bb)(3) through (6) as paragraphs (bb)(4) through (7) and adding a new paragraph (bb)(3);

f. Revising paragraph (hh);

g. Redesignating paragraph (kk)(20) as paragraph (kk)(21) and adding a new paragraph (kk)(20);

h. Redesignating paragraphs (mm)(2) through (4) as paragraphs (mm)(3) through (5) and adding a new paragraph (mm)(2); and

i. Redesignating paragraphs (xx)(1) through (5) as paragraphs (xx)(2) through (6) and adding a new paragraph (xx)(1).

The additions and revision read as follows:

§ 32.7

What refuge units are open to hunting and/or sport fishing?

(8) Leslie Canyon National Wildlife Refuge.

(e) * * *

(17) San Diego Bay National Wildlife Refuge.

(i) * * *

(5) Everglades Headwaters National Wildlife Refuge.

(aa) * * *

(4) John W. and Louise Seier National Wildlife Refuge.

(bb) * * *

(3) Fallon National Wildlife Refuge.

(hh)

North Dakota.

(1) Appert Lake National Wildlife Refuge.

(2) Ardoch National Wildlife Refuge.

(3) Arrowwood National Wildlife Refuge.

(4) Arrowwood Wetland Management District.

(5) Audubon National Wildlife Refuge.

(6) Audubon Wetland Management District.

(7) Bone Hill National Wildlife Refuge.

(8) Brumba National Wildlife Refuge.

(9) Buffalo Lake National Wildlife Refuge.

(10) Camp Lake National Wildlife Refuge.

(11) Canefield Lake National Wildlife Refuge.

(12) Chase Lake National Wildlife Refuge.

(13) Chase Lake Wetland Management District.

(14) Cottonwood Lake National Wildlife Refuge.

(15) Crosby Wetland Management District.

(16) Dakota Lake National Wildlife Refuge.

(17) Des Lacs National Wildlife Refuge.

(18) Devils Lake Wetland Management District.

(19) Half Way Lake National Wildlife Refuge.

(20) Hiddenwood Lake National Wildlife Refuge.

(21) Hobart Lake National Wildlife Refuge.

(22) Hutchinson Lake National Wildlife Refuge.

(23) J. Clark Salyer National Wildlife Refuge.

(24) J. Clark Salyer Wetland Management District.

(25) Johnson Lake National Wildlife Refuge.

(26) Kulm Wetland Management District.

(27) Lake Alice National Wildlife Refuge.

(28) Lake George National Wildlife Refuge.

(29) Lake Ilo National Wildlife Refuge.

(30) Lake National Wildlife Refuge.

(31) Lake Nettie National Wildlife Refuge.

(32) Lake Otis National Wildlife Refuge.

(33) Lake Patricia National Wildlife Refuge.

(34) Lake Zahl National Wildlife Refuge.

(35) Lambs Lake National Wildlife Refuge.

(36) Little Goose Lake National Wildlife Refuge.

(37) Long Lake National Wildlife Refuge.

(38) Long Lake Wetland Management District.

(39) Lords Lake National Wildlife Refuge.

(40) Lost Lake National Wildlife Refuge.

(41) Lostwood National Wildlife Refuge.

(42) Lostwood Wetland Management District.

(43) Maple River National Wildlife Refuge.

(44) Pleasant Lake National Wildlife Refuge.

(45) Pretty Rock National Wildlife Refuge.

(46) Rabb Lake National Wildlife Refuge.

(47) Rock Lake National Wildlife Refuge.

(48) Rose Lake National Wildlife Refuge.

(49) School Section National Wildlife Refuge.

(50) Sheyenne Lake National Wildlife Refuge.

(51) Sibley Lake National Wildlife Refuge.

(52) Silver Lake National Wildlife Refuge.

(53) Slade National Wildlife Refuge.

(54) Snyder Lake National Wildlife Refuge.

(55) Springwater National Wildlife Refuge.

(56) Stewart Lake National Wildlife Refuge.

(57) Stoney Slough National Wildlife Refuge.

(58) Storm Lake National Wildlife Refuge.

(59) Sunburst Lake National Wildlife Refuge.

(60) Tewaukon National Wildlife Refuge.

(61) Tewaukon Wetland Management District.

(62) Tomahawk National Wildlife Refuge.

(63) Upper Souris National Wildlife Refuge.

(64) Wild Rice National Wildlife Refuge.

(65) Willow Lake National Wildlife Refuge.

(66) Wintering River National Wildlife Refuge.

(67) Wood Lake National Wildlife Refuge.

(kk) * * *

(20) Wapato Lake National Wildlife Refuge.

(mm) * * *

(2) John H. Chafee National Wildlife Refuge.

(xx) * * *

(1) Bamforth National Wildlife Refuge.

3. Amend § 32.22 by:

a. Revising paragraphs (b), (c), (d)(1) introductory text, (d)(1)(i), (d)(2)(i) and (ii), and (d)(3);

b. Redesignating paragraph (h) as paragraph (i); and

c. Adding a new paragraph (h).

The revisions and addition read as follows:

§ 32.22

Arizona.

(b)

Buenos Aires National Wildlife Refuge

—(1)

Migratory game bird hunting.

We allow hunting of goose, duck, coot, merganser, moorhen

(gallinule), common snipe, and mourning, white-winged, and Eurasian-collared dove on designated areas of the refuge subject to the following condition: We allow portable or temporary blinds and stands, but you must remove them at the end of each day's hunt (see § 27.93 of this chapter).

(2)

Upland game hunting.

We allow hunting of black-tailed and antelope jackrabbit; cottontail rabbit; badger; bobcat; coati; kit and gray fox; raccoon; ringtail; coyote; and hog-nosed, hooded, spotted, and striped skunk on designated areas of the refuge subject to the following conditions:

(i) We prohibit night hunting from

1/2

hour after legal sunset until

1/2

hour before legal sunrise the following day.

(ii) We allow portable or temporary blinds and stands, but you must remove them at the end of each day's hunt (see § 27.93 of this chapter).

(3)

Big game hunting.

We allow hunting of mule and white-tailed deer, javelina, mountain lion, and feral hog on designated areas of the refuge subject to the following condition: The conditions set forth at paragraphs (b)(2)(i) and (ii) of this section apply.

(4) [Reserved]

(c)

Cabeza Prieta National Wildlife Refuge

—(1)

Migratory game bird hunting.

We allow hunting of mourning dove on designated areas of the refuge subject to the following conditions:

(i) We require hunters to obtain a Barry M. Goldwater Range Entry Permit (Department of Defense form/requirement—pending OMB approval) from the refuge.

(ii) We prohibit falconry.

(iii) We allow dogs only for the pointing and retrieval of birds.

(iv) We allow hunting only during the late season dove hunt.

(2)

Upland game hunting.

We allow hunting of Gambel's quail, Eurasian collared-dove, desert cottontail rabbit, antelope and black-tailed jackrabbit, coyote, spotted skunk, bobcat, ringtail, badger, and fox in designated areas of the refuge subject to the following conditions:

(i) The conditions set forth at paragraphs (c)(1)(i) through (iii) of this section apply.

(ii) We do not allow wheeled carts in designated Wilderness.

(iii) We prohibit night hunting from

1/2

hour after legal sunset until

1/2

hour before legal sunrise the following day.

(3)

Big game hunting.

We allow hunting of desert bighorn sheep, mule deer, and mountain lion on designated areas of the refuge subject to the following conditions:

(i) The conditions set forth at paragraphs (c)(1)(i) and (c)(2)(ii) of this section apply.

(ii) We require Special Use Permits for all hunters (FWS Form 3-1383-G), guides (FWS Form 3-1383-C), and stock animals (FWS Form 3-1383-G).

(iii) We prohibit the use of dogs when hunting big game.

(4) [Reserved]

(d) * * *

(1)

Migratory game bird hunting.

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

(i) We allow only shotgun, bow and arrow, and crossbow.

(2) * * *

(i) For cottontail rabbit, we allow only shotgun, bow and arrow, crossbow, handgun, rifle, and muzzleloader.

(ii) For quail, we allow only shotgun, bow and arrow, crossbow, and handgun shooting shot.

(3)

Big game hunting.

We allow hunting of mule deer on designated areas of the refuge subject to the following condition: We allow rifle, shotgun, handgun, muzzleloader, crossbow and bow and arrow, except for archery-only hunts.

(h)

Leslie Canyon National Wildlife Refuge

—(1)

Migratory game bird hunting.

We allow hunting of mourning, white-winged, and Eurasian collared-dove on designated areas of the refuge subject to the following condition: We prohibit falconry.

(2)

Upland game hunting.

We allow hunting of Gambel's and scaled quail; cottontail; black-tailed jackrabbit; gray fox; coati; badger; striped, hooded, spotted, and hog-nosed skunk; bobcat; raccoon; ring-tailed cat; and coyote on designated areas of the refuge subject to the following conditions:

(i) We prohibit pneumatic weapons.

(ii) We prohibit night hunting.

(iii) We allow upland game hunting on the refuge only during general or archery State deer and javelina hunts when seasons overlap.

(3)

Big game hunting.

We allow hunting of mule deer, white-tailed deer, javelina, and black bear on designated areas of the refuge subject to the following conditions:

(i) The conditions set forth at paragraphs (h)(2)(i) and (ii) of this section apply.

(ii) We allow black bear hunting on the refuge only during general or archery State deer and javelina hunt when seasons overlap.

(4) [Reserved]

4. Amend § 32.23 by revising paragraphs (d)(1) introductory text, (d)(1)(ii), and (g)(1) introductory text to read as follows:

§ 32.23

Arkansas.

(d) * * *

(1)

Migratory game bird hunting.

We allow hunting of waterfowl (ducks, mergansers, and coots) on designated areas of the refuge subject to the following conditions:

(ii) We allow waterfowl hunting from legal shooting hours until 12 p.m. (noon).

(g) * * *

(1)

Migratory game bird hunting.

We allow hunting of American woodcock, duck, goose, and coot on designated areas of the refuge subject to the following conditions:

5. Amend § 32.24 by:

a. Revising paragraphs (l)(1) introductory text, (m)(1)(viii), and (m)(2)(i);

b. Redesignating paragraphs (q) through (v) as paragraphs (r) through (w);

c. Adding a new paragraph (q); and

d. Revising newly redesignated paragraphs (r)(1)(vii), (s)(2)(ii), and (v)(2)(ii).

The revisions and addition read as follows:

§ 32.24

California.

(l) * * *

(1)

Migratory game bird hunting.

We allow hunting of goose, duck, coot, snipe, and moorhen on designated areas of the refuge subject to the following conditions:

(m) * * *

(1) * * *

(viii) Hunters must enter and exit the hunting area from the three designated hunt parking lots, which we open 1

1/2

hours before legal sunrise and close 1 hour after legal sunset each hunt day.

(2) * * *

(i) We limit hunting to junior hunters possessing a valid State Junior Hunting License and refuge Junior Pheasant Hunt Permit (FWS Form 3-2439, Hunt Application—National Wildlife Refuge System).

(q)

San Diego Bay National Wildlife Refuge.

(1)-(3) [Reserved]

(4)

Sport fishing.

We allow sport fishing from boats and other flotation

devices on designated areas of the refuge subject to the following condition: We prohibit shoreline fishing.

(r) * * *

(1) * * *

(vii) We prohibit the use of motorized boats and other flotation devices in the free-roam units with the exception of the Freitas Unit.

(s) * * *

(2) * * *

(ii) The conditions set forth at paragraphs (s)(1)(ii) and (iii) of this section apply.

(v) * * *

(2) * * *

(ii) The conditions set forth at paragraphs (v)(1)(i) through (viii) of this section apply.

6. Amend § 32.25 by revising paragraphs (a)(2) and (4), (d)(3), and (e)(2) to read as follows:

§ 32.25

Colorado.

(a) * * *

(2)

Upland game hunting.

We allow hunting of cottontail rabbit, and black-tailed and white-tailed jackrabbit, on designated areas of the refuge subject to the following condition: The only acceptable methods of take are shotgun, rifle firing rimfire cartridges less than .23 caliber, hand-held bow, pellet gun, slingshot, and hawking/falconry.

(4)

Sport fishing.

We allow sport fishing on designated areas of the refuge.

(d) * * *

(3)

Big game hunting.

We allow hunting of pronghorn antelope, moose, mule deer, and elk on designated areas of the refuge.

(e) * * *

(2)

Upland game hunting.

7. Revise § 32.26 to read as follows:

§ 32.26

Connecticut.

The following refuge units are open for hunting and/or fishing as governed by applicable Federal and State regulations, and are listed in alphabetical order with additional refuge-specific regulations.

(a)

Silvio O. Conte National Fish and Wildlife Refuge

—(1)

Migratory game bird hunting.

We allow hunting of migratory game birds on designated areas of the refuge subject to the following conditions:

(i) We allow refuge access 1

1/2

hours prior to legal sunrise until 1

1/2

hours after legal sunset.

(ii)We allow the use of dogs consistent with State regulations.

(2)

Upland game hunting.

We allow hunting of upland game on designated areas of the refuge subject to the following condition: The conditions set forth at paragraphs (a)(1)(i) and (ii) of this section apply.

(3)

Big game hunting.

We allow hunting of big game on designated areas of the refuge subject to the following condition: The conditions set forth at paragraphs (a)(1)(i) and (ii) of this section apply.

(4)

Sport fishing.

We allow sport fishing on designated areas of the refuge subject to the following conditions:

(i) The condition set forth at paragraph (a)(1)(i) of this section applies.

(ii) We prohibit launching of motorboats from the refuge.

(iii) We prohibit the use of reptiles and amphibians as bait.

(b)

Stewart B. McKinney National Wildlife Refuge

—(1)

Migratory game bird hunting.

We allow hunting of duck, coot, merganser, brant, sea duck, and goose on designated areas of the refuge subject to the following conditions:

(i) For the Great Meadows unit, we will limit hunt days to Tuesdays, Wednesdays, and Saturdays during the regular duck, sea duck, and brant seasons.

(ii) We allow the use of dogs consistent with State regulations.

(iii) We allow the use of temporary tree stands and blinds, which must be removed at the end of each day's hunt (see § 27.93 of this chapter).

(2) [Reserved]

(3)

Big game hunting.

We allow archery hunting of white-tailed deer and wild turkey on designated areas of the refuge subject to the following condition: The condition set forth at paragraph (b)(1)(iii) of this section applies.

(4) [Reserved]

8. Revise § 32.27 to read as follows:

§ 32.27

Delaware.

(a)

Bombay Hook National Wildlife Refuge

—(1)

Migratory game bird hunting.

We allow hunting of migratory game birds on designated areas of the refuge subject to the following conditions:

(i) We require a refuge permit (FWS Form 3-2439, Hunt Application—National Wildlife Refuge System) for waterfowl hunting.

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

(iii) We allow the use of dogs consistent with State regulations.

(2)

Upland game hunting.

We allow hunting of grey squirrel, cottontail rabbit, ring-necked pheasant, bobwhite quail, raccoon, opossum, coyote, and red fox on designated areas of the refuge subject to the following condition: The condition set forth at paragraph (a)(1)(iii) of this section applies.

(3)

Big game hunting.

We allow hunting of turkey and deer on designated areas of the refuge subject to the following conditions:

(i) We require a refuge permit (FWS Form 3-2439, Hunt Application—National Wildlife Refuge System).

(ii) Hunting on the headquarters deer hunt area will be by lottery. You must obtain and possess a refuge permit (FWS Form 3-2439, Hunt Application—National Wildlife Refuge System) from the refuge office or website and have the permit in your possession while hunting.

(4)

Sport fishing.

We allow sport fishing and crabbing on designated areas of the refuge subject to the following condition: We prohibit the use of lead fishing tackle on the refuge.

(b)

Prime Hook National Wildlife Refuge

—(1)

Migratory game bird hunting.

We allow the hunting of waterfowl, coot, mourning dove, snipe, and woodcock on designated areas of the refuge subject to the following conditions:

(i) You must obtain and possess a refuge permit (FWS Form 3-2439, Hunt Application—National Wildlife Refuge System) from the refuge office or website and have the permit in your possession while hunting.

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

(iii) We allow State certified hunters with disabilities hunting privileges in the Disabled Waterfowl Draw Area subject to the following condition: We

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

(iv) We allow the use of dogs consistent with State regulations.

(2)

Upland game hunting.

We allow hunting of rabbit, quail, pheasant, and red fox on designated areas of the refuge subject to the following condition: The conditions set forth at paragraphs (b)(1)(i) and (iv) of this section apply.

(3)

Big game hunting.

We allow hunting of white-tailed deer and turkey on designated areas of the refuge subject to the following conditions:

(i) We prohibit organized deer drives. We define a “deer drive” as an organized or planned effort to pursue, drive, chase, or otherwise frighten or cause deer to move in the direction of any person(s) who is part of the organized or planned hunt and known to be waiting for the deer.

(ii) Hunting on the headquarters deer hunt area will be by lottery.

(iii) The condition set forth at paragraph (b)(1)(i) of this section applies.

(4)

Sport fishing.

We allow sport fishing and crabbing on designated areas of the refuge subject to the following conditions:

(i) On Turkle and Fleetwood ponds, we allow boats only with electric trolling motors.

(ii) You must attend all crabbing and fishing gear at all times.

(iii) You must remove all personal property at the end of each day's fishing activity (see §§ 27.93 and 27.94 of this chapter).

9. Amend § 32.28 by:

a. Revising paragraph (a);

b. Redesignating paragraphs (e) through (n) as paragraphs (f) through (o);

c. Adding a new paragraph (e);

d. Revising newly redesignated paragraphs (i)(2)(i) and (i)(3)(i);

e. In newly redesignated paragraph (j):

i. Revising paragraphs (j)(1)(ii) and (x);

ii. Adding paragraph (j)(1)(xi);

iii. Revising paragraphs (j)(3)(iv) through (viii) and (x);

iv. Removing paragraph (j)(3)(xiv);

v. Redesignating paragraphs (j)(3)(xv) through (xix) as paragraphs (j)(3)(xiv) through (xviii);

vi. Revising newly redesignated paragraphs (j)(3)(xv) and (j)(3)(xviii); and

f. Revising newly redesignated paragraphs (m)(2)(iii) and (vii), (m)(3) introductory text, (m)(3)(i), (ii), (iv), (viii) and (ix), and (n)(3)(vii).

The revisions and additions read as follows:

§ 32.28

Florida.

(a)

Arthur R. Marshall Loxahatchee National Wildlife Refuge

—(1)

Migratory game bird hunting.

We allow hunting of duck and coot on designated areas of the refuge subject to the following conditions:

(i) You must possess and carry a signed refuge hunt permit (signed brochure) while hunting. You must have on your person all applicable licenses and permits, including CITES tags if applicable.

(ii) We prohibit hunting from all refuge structures, canals, and levees; within

1/2

mile of canoe trails, campsites, and boat ramps; and in areas posted as closed. We allow motorized vessels in the Motorized Zone, south of latitude line 26°27.130. We allow nonmotorized vessels in the Refuge Interior.

(iii) Hunters may only enter and leave the refuge at designated entrances.

(iv) We allow only temporary blinds of native vegetation.

(v) Hunters must remove decoys and other personal property from the hunting area at the end of each day's hunt (see § 27.93 of this chapter).

(vi) Hunters may only use boats equipped with factory-manufactured, water-cooled outboard motors; boats with electric motors; and nonmotorized boats. We prohibit boats with air-cooled engines, fan boats, hovercraft, and personal watercraft (jet skis, jet boats, wave runners, etc.). We allow airboats by permit only (Special Use Permit (FWS Form 3-1383-G)). We will issue airboat permits through a separate lottery. 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.

(vii) Hunters operating boats in the Refuge Interior, outside of the perimeter canal, are required to display a 10-inches by 12-inches (25-centimeters by 30-centimeters) orange flag 10 feet (3 meters) above the vessel's waterline.

(viii) We will allow airboats with a Duck and Coot Hunting Airboat Permit during Phase 2 of the State duck and coot season only. We will issue airboat permits through a separate lottery. Contact the Refuge headquarters for airboat permitting information.

(ix) Airboats used while hunting must be stopped and shut off for 15 minutes prior to shooting. Permitted airboats must be in place 1 hour before legal sunrise and not move until 1 hour after legal sunrise.

(x) All hunters must leave the hunt area once their bag/tag limit has been reached.

(xi) We prohibit unrestricted airboat travel not associated with hunting.

(xii) All hunters younger than age 18 must be supervised by a licensed and permitted adult age 21 or older, and must remain with the adult while hunting. Hunters younger than age 18 must have completed a hunter education course.

(2) [Reserved]

(3)

Big game hunting.

We allow hunting of alligator, white-tailed deer, and feral hog on designated areas of the refuge subject to the following conditions:

(i) The conditions set forth at paragraphs (a)(1)(i) through (iii), (v) through (vii), and (ix) through (xi) of this section apply.

(ii) We allow hunting on the refuge 1 hour before legal sunset on Friday night through 1 hour after legal sunrise Saturday morning, and 1 hour before legal sunset on Saturday night through 1 hour after legal sunrise Sunday morning. We allow alligator hunting the first two weekends during Harvest Period 1 (August) and the first two weekends during Harvest Period 2 (September). Following the close of Harvest Period 2, the remaining weekends in October will be open for alligator harvest permittees who possess unused CITES tags (OMB Control No. 1018-0093). Specific dates for the alligator hunt are on the harvest permit issued by the State.

(iii) Alligator hunters age 18 and older must be in possession of all necessary State and Federal licenses, permits, and CITES tags, as well as a signed refuge hunt permit (signed brochure) while hunting on the refuge. They must possess an Alligator Trapping License with CITES tag or an Alligator Trapping Agent License (State-issued), if applicable.

(iv) Persons younger than age 18 may not hunt but may only accompany an adult age 21 or older who possesses an Alligator Trapping Agent License (State-issued).

(v) You may take alligators using hand-held snare, harpoon, gig, snatch hook, artificial lure, manually operated spear, spear gun, or crossbow. We prohibit the taking of alligators using baited hook, baited wooden peg, or firearm. We allow the use of bang sticks (a hand-held pole with a pistol or shotgun cartridge on the end in a very short barrel) with approved nontoxic ammunition (see § 32.2(k)) only for taking alligators attached to a restraining line. Once an alligator is captured, it must be killed immediately. We prohibit catch-and-release of alligators. Once the alligator is dead, you must lock a CITES tag through the skin of the carcass within 6 inches (15.2 centimeters) of the

tip of the tail. The tag must remain attached to the alligator at all times.

(vi) Alligators must remain in whole condition while on refuge lands.

(vii) We allow a limited quota permit for the taking of white-tailed deer and incidental take of feral hog in the Refuge Interior, by airboat (airboat permit required) and nonmotorized vessels only.

(viii) White-tailed deer and feral hog hunters age 18 and older must be in possession of all necessary State and Federal licenses, permits, as well as a refuge hunt permit (signed brochure) while hunting on the refuge.

(ix) We have limited quota and specialty hunts for the taking of white-tailed deer, and incidental take of feral hogs during the deer hunts on the Strazzulla Marsh and the Cypress Swamp.

(x) We close the Refuge Interior to all other uses during the limited quota white-tailed deer hunt in the Refuge Interior.

(xi) White-tailed deer hunters younger than age 18 must be supervised by a licensed and permitted adult age 21 or older, and must remain with the adult while hunting. Hunters younger than age 18 must have completed a hunter education course.

(xii) We prohibit the use of dogs for the take or attempt to take of white-tailed deer and feral hogs. We allow the use of dogs for blood trailing only.

(xiii) We require nontoxic ammunition when deer hunting on the refuge.

(4)

Sport fishing.

We allow sport fishing on designated areas of the refuge subject to the following conditions:

(i) The conditions set forth at paragraphs (a)(1)(ii) and (iii), (vi), (vii), and (xi) of this section apply.

(ii) We only allow the use of rods and reels and poles and lines, and anglers must attend them at all times.

(iii) We allow frog gigging, bow fishing, and fish gigging in all areas open to sport fishing, except in the A, B, and C Impoundments and Strazzulla Marsh.

(iv) We prohibit frog gigging, bow fishing, and fish gigging from structures and from within

1/2

mile of refuge boat ramps, campsites, and canoe trails, and in areas posted as closed.

(v) We allow the taking of frogs from July 16 through March 15 of each year.

(vi) The daily bag limit for frogs is 50 frogs per vessel or party.

(vii) Fish and frogs must remain in whole condition while on refuge lands.

(viii) Frogs may only be taken by gig, blowgun, or hook and line, or by hand.

(ix) We limit frogging or fishing by airboat to nonhunting airboat permittees only.

(x) We prohibit commercial fishing, including unpermitted commercial guiding, and the taking of turtles and other wildlife (see § 27.21 of this chapter).

(xi) We allow 17 fishing tournaments a year by Special Use Permit only (General Activities—Special Use Permit Application, FWS Form 3-1383-G).

(e)

Everglades Headwaters National Wildlife Refuge

—(1)

Migratory game bird hunting.

We allow hunting of migratory game birds on designated areas of the refuge in accordance with State regulations and applicable State Wildlife Management Area regulations.

(2)

Upland game hunting.

We allow upland game hunting on designated areas of the refuge in accordance with applicable State Wildlife Management Area regulations.

(3)

Big game hunting.

We allow big game hunting on designated areas of the refuge in accordance with applicable State Wildlife Management Area regulations.

(4)

Sport fishing.

We allow sport fishing on designated areas of the refuge subject to State regulations and applicable State Wildlife Management Area regulations.

(i) * * *

(2) * * *

(i) The conditions set forth at paragraphs (i)(1)(i) through (viii) of this section apply.

(3) * * *

(i) The conditions set forth at paragraphs (i)(1)(i) through (viii) of this section apply.

(j) * * *

(1) * * *

(ii) You must carry (or hunt within 30 yards of a hunter who possesses) a valid State-issued Merritt Island Waterfowl Quota Permit, while hunting in areas 1 or 4 during the State's regular waterfowl season. The Waterfowl Quota Permit can be used for a single party consisting of the permit holder and up to three guests. The permit holder must be present. The Waterfowl Quota Permit is a limited entry quota permit, is zone-specific, and is nontransferable.

(x) You must stop at a posted refuge waterfowl check station and report statistical hunt information on the Migratory Bird Hunt Report (FWS Form 3-2361) to refuge personnel.

(xi) When inside the impoundment perimeter ditch, you may use gasoline or diesel motors. Outside the perimeter ditch, you must propel vessels by paddling, push pole, or electric trolling motor.

(3) * * *

(iv) We allow hunting within the State's deer season on specific days as defined by the refuge hunt brochure. Each hunt will be a 3-day weekend. Legal shooting hours are

1/2

hour before legal sunrise to

1/2

hour after legal sunset.

(v) Hunters possessing a valid permit (State-issued permit) may access the refuge no earlier than 4 a.m. and must leave the refuge no later than 2 hours after legal sunset. If you wish to track wounded game beyond 2 hours after legal sunset, you must gain consent from a Federal Wildlife Officer to do so.

(vi) We prohibit hunting from refuge roads or within 150 yards of roads open to public vehicle traffic or within 200 yards of a building or Kennedy Space Center facility.

(vii) Each permitted hunter may have one adult guest and one youth hunter per adult. All guests must remain within 30 yards of the permitted hunter. The party must share a single bag limit. Each adult may supervise one youth hunter and must remain within sight and normal voice contact.

(viii) You may set up stands or blinds up to 7 days prior to the permitted hunt; you must remove them on the last day of your permitted hunt. You must clearly mark stands and blinds with your Florida State customer identification (ID) number found on your hunting license. You may have no more than one stand or blind per person on the refuge at any time. You must place a stand or blind for a youth hunter within sight and normal voice contact of the supervisory hunter's stand and mark it with the supervisory hunter's Florida State customer ID number and the word “YOUTH.”

(x) If you use flagging or other trail-marking material, you must print your Florida State customer ID number on each piece or marker. You may set out flagging and trail markers up to 7 days prior to the permitted hunt, and you must remove them on the last day of the permitted hunt.

(xv) You may field dress game; however, we prohibit cleaning game within 150 yards of any public area, road, game-check station, or gate. We prohibit dumping game carcasses on the refuge.

(xviii) You must stop at one of two check stations and report statistical hunt

information on the Self-Clearing Check-In/Out Permit (FWS Form 3-2405).

(m) * * *

(2) * * *

(iii) You may only use .22 caliber or smaller rim-fire rifles, shotguns (#4 bird shot or smaller) (see § 32.2(k)), or muzzleloaders to harvest squirrel, rabbit, and raccoon. In addition, you may use shotgun slugs, buckshot, archery equipment including crossbows, center fire weapons, or pistols to take feral hogs.

(vii) You must check out all game taken at a game check station. You must use the State harvest recording system to check out all white-tail deer harvested on the refuge.

(3)

Big game hunting.

We allow hunting of white-tailed deer, feral hog, and turkey in areas and during seasons designated in the hunting brochure subject to the following conditions:

(i) We require State-issued refuge permits. Permits are nontransferable. Each hunter must possess and carry a signed permit when participating in a hunt.

(ii) The conditions set forth at paragraphs (m)(2)(ii) and (iv) through (vii) of this section apply.

(iv) There is a two deer limit per hunt, as specified at paragraph (m)(3)(vi) of this section, except during the youth hunt, when the limit is as specified at paragraph (m)(3)(vii) of this section. The limit for turkey is one per hunt.

(viii) Mobility-impaired hunters may have an assistant accompany them. You may transfer permits (State-issued permit) issued to assistants. We limit those hunt teams to harvesting white-tailed deer and feral hog within the limits provided at paragraph (m)(3)(vi) of this section.

(ix) You may harvest one bearded turkey per hunt. You may only use shotguns or archery equipment, including crossbows, to harvest turkey. We prohibit hunting after 1 p.m.

(n) * * *

(3) * * *

(vii) We limit weapons to primitive weapons (bow and arrow, muzzleloader, and crossbow) on the primitive weapons sambar deer hunt and the primitive weapons white-tailed deer hunt. We limit the archery hunt to bow and arrow, and crossbow. You may take feral hog and raccoon only with the weapons allowed for that period.

10. Amend § 32.29 by:

a. Adding paragraph (a)(3);

b. Redesignating paragraph (h)(1)(iv) as paragraph (h)(1)(v);

c. Adding a new paragraph (h)(1)(iv);

d. Revising paragraphs (h)(2)(i), (h)(3) introductory text, and (h)(3)(i); and

e. Adding paragraph (h)(3)(vii).

The revisions and additions read as follows:

§ 32.29

Georgia.

(a) * * *

(3)

Big game hunting.

We allow alligator hunting on designated areas of the refuge subject to the following condition: We only allow alligator hunting during the first two weekends (from Friday 12:00 a.m. (midnight) through Sunday 11:59 p.m.) of the State alligator season.

(h) * * *

(1) * * *

(iv) We allow the incidental take of armadillo, beaver, opossum, and raccoon during all refuge hunts (migratory bird, upland, and big game) with firearms and other equipment authorized for use on refuge lands in Georgia only.

(2) * * *

(i) The conditions set forth at paragraphs (h)(1)(i), (iii), and (iv) of this section apply.

(3)

Big game hunting.

We allow hunting of white-tailed deer, turkey, alligator, feral hog, and coyote on designated areas of the refuge subject to the following conditions:

(i) The conditions set forth at paragraphs (h)(1)(i), (iii), and (iv) of this section apply.

(vii) We prohibit catch-and-release of alligators.

11. Amend § 32.31 by revising paragraphs (c)(4)(i), (e)(1) introductory text, (f)(1) introductory text, and (f)(2) and (3) to read as follows:

§ 32.31

Idaho.

(4) * * *

(i) From October 1 through April 14, we allow ice fishing on the Lake Lowell Unit, unless otherwise posted by the Bureau of Reclamation.

(e) * * *

(1)

Migratory game bird hunting.

We allow hunting of goose, duck, coot, and snipe on designated areas of the refuge subject to the following conditions:

(f) * * *

(1)

Migratory game bird hunting.

We allow hunting of duck, goose, coot, snipe, dove, and crow on designated areas of the refuge subject to the following conditions:

(2)

Upland game hunting.

We allow hunting of pheasant, grouse, partridge (chukar and gray partridge), cottontail rabbit, and bobcat on designated areas of the refuge subject to the following condition: The condition set forth at paragraph (f)(1)(i) of this section applies.

(3)

Big game hunting.

We allow hunting of deer and elk on designated areas of the refuge subject to the following condition: Deer and elk hunters may enter the hunt area from 1

1/2

hours before legal hunting time to 1

1/2

hours after legal hunting time.

12. Amend § 32.32 by:

a. Revising paragraphs (b)(3)(iv)(A), (e)(1), (e)(3)(iii) and (v), (g), and (i)(2);

b. Removing paragraph (i)(3)(iii);

c. Redesignating paragraph (i)(3)(iv) as paragraph (i)(3)(iii); and

d. Revising paragraphs (k)(1), (2), and (3).

The revisions read as follows:

§ 32.32

Illinois.

(b) * * *

(3) * * *

(iv) * * *

(A) In the area west of Division Street and east of Blue Heron Marina;

(e) * * *

(1)

Migratory game bird hunting.

We allow hunting of migratory game birds on designated areas of the refuge subject to the following condition: On the Long Island Division, we allow hunting only from blinds constructed on sites posted by the Illinois Department of Natural Resources.

(3) * * *

(iii) On the Fox Island Division, Slim Island Division, Cherry Box Division, and Hickory Creek Division, we only allow archery deer hunting during the Statewide archery season. We prohibit archery hunting during the State firearm season.

(v) We prohibit organized deer drives. We define a “deer drive” as an organized or planned effort to pursue, drive, chase, or otherwise frighten or cause deer to move in the direction of

any person(s) who is part of the organized or planned hunt and known to be waiting for the deer.

(g)

Kankakee National Wildlife Refuge.

(1) [Reserved]

(2)

Upland game hunting.

We allow hunting of wild turkey on designated areas of the refuge subject to the following conditions:

(i) For hunting, you may possess only approved nontoxic shot shells while in the field (see § 32.2(k)).

(ii) You must remove all boats, decoys, blinds, blind materials, stands, platforms, and other hunting equipment (see §§ 27.93 and 27.94 of this chapter) brought onto the refuge at the end of each day's hunt.

(3)

Big game hunting.

We allow hunting of white-tailed deer on designated areas of the refuge subject to the following condition: The condition set forth at paragraph (g)(2)(ii) of this section applies.

(4) [Reserved]

(i) * * *

(2)

Upland game hunting.

We allow hunting of small game, furbearers, and game birds on designated areas of the refuge subject to the following condition: We open the refuge divisions for upland game hunting from

1/2

hour before legal sunrise to

1/2

hour after legal sunset.

(k)

Two Rivers National Wildlife Refuge

—(1)

Migratory game bird hunting.

We allow hunting of migratory game birds on designated areas of the refuge subject to the following conditions:

(i) Hunters must remove boats, decoys, blinds, blind materials, stands, and platforms brought onto the refuge at the end of each day's hunt (see §§ 27.93 and 27.94 of this chapter).

(ii) We allow the use of dogs while hunting, provided the dog is under the immediate control of the hunter at all times.

(2)

Upland game hunting.

We allow upland game hunting for wild turkey, small game, furbearers, and nonmigratory game birds on designated areas of the refuge subject to the following conditions:

(i) The conditions set forth at paragraphs (k)(1)(i) and (ii) of this section apply.

(ii) For hunting, you may use or possess only approved nontoxic shot shells while in the field, including shot shells used for hunting wild turkey (see § 32.2(k)).

(iii) We prohibit hunters using rifles or handguns with ammunition larger than .22 caliber rimfire, except they may use black powder firearms up to and including .50 caliber.

(iv) We allow the use of .22 and .17 caliber rimfire lead ammunition for the taking of small game and furbearers during open season.

(v) We allow hunting from legal sunrise to legal sunset.

(3)

Big game hunting.

We allow hunting of white-tailed deer on designated areas of the refuge subject to the following conditions:

(i) The condition set forth at paragraph (k)(1)(i) of this section applies.

(ii) We prohibit organized deer drives. We define a “deer drive” as an organized or planned effort to pursue, drive, chase, or otherwise frighten or cause deer to move in the direction of any person(s) who is part of the organized or planned hunt and known to be waiting for the deer.

13. Amend § 32.33 by:

a. Revising paragraphs (b), (c)(1) introductory text, and (c)(2) introductory text;

b. Redesignating paragraph (c)(3)(iv) as paragraph (c)(3)(v); and

c. Adding new paragraph (c)(3)(iv).

The revisions and addition read as follows:

§ 32.33

Indiana.

(b)

Muscatatuck National Wildlife Refuge

—(1)

Migratory game bird hunting.

We allow hunting of duck, goose, coot, merganser, woodcock, and dove on designated areas of the refuge subject to the following conditions:

(i) You must remove all boats, decoys, blinds, blind materials, stands, and platforms brought onto the refuge at the end of each day's hunt (see § 27.93 of this chapter).

(ii) We allow the use of dogs when hunting, provided the dogs are under the immediate control of the hunter at all times.

(iii) We prohibit hunting and the discharge of a firearm within 100 yards (30 meters) of any dwelling or any other building that people, pets, or livestock may occupy.

(2)

Upland game hunting.

We allow hunting of turkey, quail, squirrel, raccoon, opossum, coyote, fox, skunk, and rabbit on designated areas of the refuge subject to the following conditions:

(i) For hunting, you may use or possess only approved nontoxic shot shells while in the field, including shot shells used for hunting wild turkey (see § 32.2(k)).

(ii) We allow the use of rimfire weapons for upland/small game hunting.

(iii) We prohibit the use of centerfire rifles for any hunts on refuge property.

(iv) During spring turkey hunting, hunters must possess a State-issued hunting permit during the first 6 days of the season.

(v) We prohibit turkey hunting after 1 p.m. each day.

(vi) We allow the incidental take of coyote only during other refuge hunting seasons.

(vii) The conditions set forth at paragraphs (b)(1)(i) through (iii) of this section apply.

(3)

Big game hunting.

We allow hunting of white-tailed deer on designated areas of the refuge subject to the following conditions:

(i) The conditions set forth at paragraphs (b)(1)(i) through (iii) and (b)(2)(i) through (iii) of this section apply.

(iii) We prohibit the use or possession of tree spikes, plastic flagging, and reflective tacks.

(iv) We prohibit firearms deer hunting during the State deer firearm season (archery and muzzleloader only).

(v) We close archery deer hunting during the State muzzleloader season.

(vi) We prohibit the possession of game trail cameras on the refuge.

(vii) We require you to remove arrows from crossbows during transport in a vehicle.

(4)

Sport fishing.

We allow sport fishing on designated areas of the refuge subject to the following conditions:

(i) We prohibit the use of any type of motor.

(ii) We allow the use of kayaks, canoes, belly boats, or float tubes in all designated fishing areas.

(iii) We allow fishing only with rod and reel, or pole and line.

(iv) We prohibit harvest of frog and turtle (see § 27.21 of this chapter).

(v) We prohibit the use of lead fishing tackle.

(vi) We allow only youth age 15 and younger to fish in the Discovery Pond.

(1)

Migratory game bird hunting.

We allow hunting of duck, goose, merganser, coot, woodcock, dove, snipe, rail, and crow on designated areas of the refuge and the White River Wildlife

Management Area subject to the following conditions:

(2)

Upland game hunting.

We allow hunting of bobwhite quail, pheasant, cottontail rabbit, squirrel (gray and fox), red and gray fox, coyote, opossum, striped skunk, and raccoon subject to the following conditions:

(3) * * *

(iv) On the Columbia Mine Unit, if you use a rifle to hunt, you may use only rifles allowed by State regulations for hunting on public land.

14. Amend § 32.34 by:

a. Revising paragraph (d)(1) introductory text;

b. Removing paragraph (d)(1)(i);

c. Redesignating paragraphs (d)(1)(ii) through (d)(1)(v) as paragraphs (d)(1)(i) through (d)(1)(iv); and

d. Revising paragraphs (d)(2) introductory text, (d)(2)(i), (g)(1) introductory text, (g)(1)(ii), and (g)(2) introductory text.

The revisions read as follows:

§ 32.34

Iowa.

(d) * * *

(1)

Migratory game bird hunting.

We allow the hunting of dove, duck, goose, and coot on designated areas of the refuge subject to the following conditions:

(2)

Upland game hunting.

We allow hunting of ring-necked pheasant, bobwhite quail, pigeon, crow, cottontail rabbit, gray and fox squirrel, and wild turkey on designated areas of the refuge subject to the following conditions:

(i) The conditions set forth at paragraphs (d)(1)(i) through (iv) of this section apply.

(g) * * *

(1)

Migratory game bird hunting.

We allow hunting of duck, goose, coot, rail (Virginia and sora only), woodcock, dove, crow, and snipe on designated areas of the refuge subject to the following conditions:

(ii) We allow boats or other floating devices when hunting. You may not leave boats unattended.

(2)

Upland game hunting.

We allow hunting of pheasant, gray partridge, cottontail rabbit, squirrel (fox and gray), groundhog, raccoon, opossum, fox, coyote, and skunk on designated areas of the refuge subject to the following conditions:

15. Revising § 32.35 to read as follows:

§ 32.35

Kansas.

(a)

Flint Hills National Wildlife Refuge

—(1)

Migratory game bird hunting.

We allow hunting of coot, crow, mourning dove, duck, goose, rail, woodcock, and snipe on designated areas of the refuge subject to the following conditions:

(i) You must remove portable hunting blinds and decoys at the end of each day's hunt (see § 27.93 of this chapter).

(ii) We only allow rimfire firearms, shotguns, and archery equipment.

(iii) We prohibit shooting from or over roads and parking areas.

(iv) We allow the use of dogs when hunting migratory birds.

(v) We close hunting areas on the north side of the Neosho River to all hunting from November 1 through March 1.

(2)

Upland game hunting.

We allow hunting of coyote, pheasant, prairie chicken, quail, rabbit, State-defined furbearers, and squirrel on designated areas of the refuge subject to the following conditions:

(i) We allow the use of dogs when hunting upland game, except that we prohibit the use of dogs when hunting coyotes and furbearers.

(ii) Shooting hours for upland game species are

1/2

hour before legal sunrise until legal sunset.

(iii) We prohibit the harvest of beaver and otter.

(iv) The conditions set forth at paragraphs (a)(1)(ii) and (iii) of this section apply.

(3)

Big game hunting.

We allow hunting of white-tailed deer and turkey on designated areas of the refuge subject to the following conditions:

(i) You may possess only approved nontoxic shot for turkey hunting (see § 32.2(k)).

(ii) We allow one portable blind or stand per hunter. You may place your blind or stand on the refuge no more than 14 days prior to the season, and you must remove it within 14 days of the close of the season. You must remove portable blinds at the end of each day's hunt (see § 27.93 of this chapter). You must label portable blinds and stands with the owner's Kansas Department of Wildlife, Parks and Tourism (KDWPT) number. Labels must be clearly visible from the ground.

(iii) We prohibit the use of dogs when hunting turkey.

(iv) The condition set forth at paragraph (a)(1)(iii) of this section applies.

(v) We only allow muzzleloaders, shotguns, and archery equipment.

(4)

Sport fishing.

We allow sport fishing on designated areas of the refuge subject to the following condition: We prohibit the take of reptiles and amphibians.

(b)

Kirwin National Wildlife Refuge

—(1)

Migratory game bird hunting.

We allow hunting of coot, crow, duck, goose, merganser, mourning dove, rail, snipe, and woodcock on designated areas of the refuge subject to the following conditions:

(i) You must remove portable hunting blinds and decoys at the end of each day's hunt (see § 27.93 of this chapter).

(ii) We prohibit shooting from or over roads and parking areas.

(iii) In Bow Creek, we allow hunting access by boat or on foot.

(iv) We allow the use of dogs when hunting migratory birds.

(2)

Upland game hunting.

We allow hunting of cottontail rabbit, jack rabbit, pheasant, prairie chicken, quail, State-defined furbearers, and squirrel (fox and grey) on designated areas of the refuge subject to the following conditions:

(i) We only allow shotguns and archery equipment when hunting upland game.

(ii) We allow the use of dogs when hunting upland game, except that we prohibit the use of dogs when hunting coyotes and furbearers.

(iii) Shooting hours for upland game species are

1/2

hour before legal sunrise until legal sunset.

(iv) We prohibit the harvest of beaver and otter.

(v) The condition set forth at paragraph (b)(1)(ii) of this section applies.

(3)

Big game hunting.

We allow hunting of deer and turkey on designated areas of the refuge subject to the following conditions:

(i) We only allow archery hunting of deer.

(ii) We allow one portable blind or stand per hunter. You may place your blind or stand on the refuge no more than 14 days prior to the season, and you must remove it within 14 days of the close of the season. You must remove portable blinds at the end of each day's hunt (see § 27.93 of this chapter). You must label portable blinds and stands with the owner's KDWPT number. Labels must be clearly visible from the ground.

(iii) You must obtain a refuge-issued permit (FWS Form 3-2405, Self-Clearing Check-In/Out Permit) to hunt deer on the refuge.

(iv) The condition set forth at paragraph (b)(1)(ii) of this section applies.

(v) We prohibit the use of dogs when hunting turkey.

(vi) You may possess only approved nontoxic shot for turkey hunting (see § 32.2(k)).

(4)

Sport fishing.

We allow sport fishing on designated areas on the refuge subject to the following conditions:

(i) We only allow boats for activities related to fishing.

(ii) We prohibit boating for fishing between October 1 and April 1 when the reservoir water elevation falls below 1,722 feet (measured on October 1), except in the Bow Creek Hunting Unit. Boats may be launched only at Scout Cove during this period.

(iii) We allow boating for fishing year-round, on the entire reservoir, only when the reservoir water elevation is above 1,722 feet (measured on October 1).

(iv) We prohibit anglers from using all-terrain vehicles (ATVs) when accessing Kirwin Reservoir for bank or ice fishing.

(v) We allow noncommercial collection of baitfish as governed by State regulations.

(vi) We prohibit all activities associated with fishing tournaments, outside of sport fishing itself, to include organized gatherings, registrations, weigh-ins, and award presentations to be held or organized on the refuge.

(vii) We prohibit the take of reptiles and amphibians.

(c)

Marais des Cygnes National Wildlife Refuge

—(1)

Migratory game bird hunting.

We allow hunting of coot, crow, duck, goose, mourning dove, rail, snipe, and woodcock on designated areas of the refuge subject to the following conditions:

(i) You must remove portable hunting blinds and decoys at the end of each day's hunt (see § 27.93 of this chapter).

(ii) We prohibit shooting from or over roads and parking areas.

(iii) We allow the use of dogs when hunting migratory birds.

(iv) We only allow shotguns and archery equipment.

(2)

Upland game hunting.

We allow hunting of coyote, cottontail rabbit, State-defined furbearers, squirrel, and upland birds on designated areas of the refuge subject to the following conditions:

(i) We allow the use of dogs when hunting upland game, except that we prohibit the use of dogs when hunting coyotes and furbearers.

(ii) Shooting hours for upland game species are

1/2

hour before legal sunrise until legal sunset.

(iii) We prohibit the harvest of beaver and otter.

(iv) The conditions set forth at paragraphs (c)(1)(i), (ii), and (iv) of this section apply.

(3)

Big game hunting.

We allow hunting of white-tailed deer and turkey on designated areas of the refuge subject to the following conditions:

(i) You must possess and carry a State-issued refuge access permit to hunt deer and spring turkey.

(ii) We allow one portable blind or stand per hunter. You may place your blind or stand on the refuge no more than 14 days prior to the season, and you must remove it within 14 days of the close of the season. You must remove portable blinds at the end of each day's hunt (see § 27.93 of this chapter). You must label portable blinds and stands with the owner's KDWPT number. Labels must be clearly visible from the ground.

(iii) We prohibit the use of dogs when hunting turkey.

(iv) You may possess only approved nontoxic shot for turkey hunting (see § 32.2(k)).

(v) The condition set forth at paragraph (c)(1)(ii) of this section applies.

(vi) We only allow archery deer hunting, except during the January antlerless deer season when we allow the use of archery, muzzleloader, and shotgun.

(4)

Sport fishing.

We allow sport fishing on designated areas of the refuge subject to the following condition: We prohibit the take of reptiles and amphibians.

(d)

Quivira National Wildlife Refuge

—(1)

Migratory game bird hunting.

We allow hunting of coot, crow, duck, goose, and mourning dove on designated areas of the refuge subject to the following conditions:

(i) We open refuge hunting areas from September 1 through February 28.

(ii) The refuge is open from 1

1/2

hours before legal sunrise to 1

1/2

hours after legal sunset.

(iii) We prohibit the retrieval of game from areas closed to hunting.

(iv) You must remove portable hunting blinds and decoys at the end of each day's hunt (see § 27.93 of this chapter).

(v) We prohibit shooting from or over roads and parking areas.

(vi) We allow the use of dogs when hunting migratory birds.

(vii) We only allow shotguns and archery equipment.

(2)

Upland game hunting.

We allow hunting of coyote, pheasant, quail, State-designated furbearers, squirrel, and rabbit on designated areas of the refuge subject to the following conditions:

(i) The conditions set forth at paragraphs (d)(1)(i) through (iii), (v), and (vii) of this section apply.

(ii) We allow the use of dogs when hunting upland game, except that we prohibit the use of dogs when hunting coyotes and furbearers.

(iii) We prohibit the harvest of beaver and otter.

(3)

Big game hunting.

We allow hunting of white-tailed deer and turkey on designated areas of the refuge subject to the following conditions:

(i) You may possess only approved nontoxic ammunition for turkey and deer hunting (see § 32.2(k)).

(ii) You must possess a State-issued refuge access permit for deer and turkey hunting.

(iii) We allow one portable blind or stand per hunter. You may place your blind or stand on the refuge no more than 14 days prior to the season, and you must remove it within 14 days of the close of the season. You must remove portable blinds at the end of each day's hunt (see § 27.93 of this chapter). You must label portable blinds and stands with the owner's KDWPT number. Labels must be clearly visible from the ground.

(iv) We prohibit the use of dogs when hunting turkey.

(v) The conditions set forth at paragraphs (d)(1)(i) through (iii) and (v) of this section apply.

(vi) We only allow muzzleloaders, shotguns, and archery equipment.

(4)

Sport fishing.

We allow sport fishing on all waters on the refuge subject to the following conditions:

(i) We prohibit taking of reptiles and amphibians.

(ii) We prohibit the use of trotlines and setlines.

(iii) We prohibit the use of seines for taking bait.

(iv) We prohibit fishing from water control structures and bridges.

(v) We restrict fishing in the designated “Kid's Pond,” approximately

1/4

mile (.4 kilometers) west-southwest of headquarters, to youth age 14 and younger, and to a parent and/or guardian age 18 or older accompanying a youth.

(vi) The creel limit for the Kid's Pond is one fish per day.

(vii) The condition set forth at paragraph (d)(1)(ii) of this section applies.

(viii) The only live bait we allow is worms; we prohibit all other live bait.

16. Amend § 32.36 by:

a. Revising paragraphs (a)(1)(iii), (v), and (vi);

b. Removing paragraphs (a)(1)(vii) and (viii); and

c. Revising paragraphs (a)(2) and (a)(3)(i).

The revisions read as follows:

§ 32.36

Kentucky.

(a) * * *

(1) * * *

(iii) We prohibit hunting within 100 feet (30 meters) of a residence and discharge of firearms within 200 feet (60 meters) of any home, the abandoned railroad tracks, graveled roads, and hiking trails.

(v) We allow the use of dogs for waterfowl, quail, snipe, dove, woodcock, squirrel, rabbit, raccoon, opossum, and fall turkey hunting. Dog owners/handlers must have a collar on each dog with the owner's contact information.

(vi) We allow waterfowl hunting from legal shooting time until 12 p.m. (noon).

(2)

Upland game hunting.

We allow hunting of squirrel, rabbit, quail, raccoon, opossum, coyote, bobcat, fox, skunk, otter, muskrat, mink, weasel, and beaver on designated areas of the refuge subject to the following conditions:

(i) The conditions set forth at paragraphs (a)(1)(i) through (v) of this section apply.

(ii) We allow coyote hunting under Statewide regulations during daylight hours only.

(3) * * *

(i) The conditions set forth at paragraphs (a)(1)(i) through (v) of this section apply.

17. Amend § 32.37 by:

a. Revising paragraphs (a)(1) introductory text and (c)(1)(vi);

b. Adding new paragraph (d)(1)(ix);

c. Revising paragraphs (d)(3)(ii), (e)(1)(i), (iv) and (v), and (e)(2) introductory text;

d. Adding paragraph (e)(2)(v);

e. Removing paragraph (f)(3)(iii);

f. Redesignating paragraph (f)(3)(iv) as (f)(3)(iii);

g. Revising paragraphs (g), (k)(1) introductory text, (k)(1)(x), (k)(3)(ii), (n)(1)(xiv), (n)(4)(ii), (p)(1)(vii) and (xii), and (q)(1)(iii); and

h. Adding paragraphs (t)(1)(vi), (t)(2)(v), and (t)(3)(xiii).

The revisions and additions read as follows:

§ 32.37

Louisiana.

(a) * * *

(1)

Migratory game bird hunting.

We allow hunting of mourning dove, duck, goose, coot, snipe, rail, gallinule, woodcock, and crow on designated areas of the refuge subject to the following conditions:

(1) * * *

(vi) Each person age 18 and older must possess a valid Annual Public Use Permit (signed brochure).

(d) * * *

(1) * * *

(ix) Each person age 18 and older, must possess a valid Annual Public Use Permit (signed brochure).

(3) * * *

(ii) We allow archery deer hunting according to the State of Louisiana archery season. Hunters may take deer of either sex as governed by State-approved archery equipment and regulations. We close refuge archery hunting during refuge deer gun hunts.

(e) * * *

(1) * * *

(i) We allow waterfowl hunting on Wednesdays, Thursdays, Saturdays, and Sundays from

1/2

hour before legal sunrise until 12 p.m. (noon), including waterfowl hunting during the State special teal season and State youth waterfowl hunt. We allow snipe, rail, and gallinule hunting on Wednesdays, Thursdays, Saturdays, and Sundays from

1/2

hour before legal sunrise until 2 p.m.

(iv) Each person age 18 and older while hunting or fishing must possess a valid Annual Public Use Permit (signed brochure).

(v) An adult age 18 or older must supervise youth hunters age 17 and younger during all hunts. Youth hunter age and hunter education requirements are governed by State regulations. One adult may supervise two youths during small game hunts and migratory bird hunts, but is only allowed to supervise one youth during big game hunts. Youths must remain within normal voice contact and direct sight of the adult who is supervising them. Adult guardians are responsible for ensuring that youth hunters do not violate refuge rules.

(2)

Upland game hunting.

We allow hunting of squirrel, rabbit, raccoon, and quail on designated areas of the refuge subject to the following conditions:

(v) We only allow raccoon to be taken during the State rabbit season.

(g)

Bogue Chitto National Wildlife Refuge

—(1)

Migratory game bird hunting.

We allow hunting of duck, goose, coot, and woodcock on designated areas of the refuge subject to the following conditions:

(i) We allow hunting from

1/2

hour before legal sunrise until 12 p.m. (noon), including during the State special teal season, State youth waterfowl hunt, and special light goose conservation season.

(ii) You must remove blinds and decoys by 1 p.m. each day (see § 27.93 of this chapter).

(iii) We prohibit goose hunting for that part of the season that extends beyond the regular duck season.

(iv) When hunting migratory game birds, you may only use dogs to locate, point, and retrieve game.

(v) Each person age 18 and older while hunting or fishing must possess a valid Annual Public Use Permit (signed brochure).

(vi) An adult age 18 or older must supervise youth hunters age 17 and younger during all hunts. Youth hunter age and hunter education requirements are governed by State regulations. One adult may supervise two youths during small game hunts and migratory bird hunts, but is only allowed to supervise one youth during big game hunts. Youths must remain within normal voice contact of the adult who is supervising them. Adult guardians are responsible for ensuring that youth hunters do not violate refuge rules.

(vii) We prohibit hunting or discharge of firearms (see § 27.42 of this chapter) within 150 feet (45.7 meters (m)) from the centerline of any public road, refuge road, designated or maintained trail, building, residence, designated camping area, or designated public facility, or from or across aboveground oil, gas, or electric facilities.

(viii) For the purpose of hunting, we prohibit possession of slugs, buckshot, and rifle and pistol ammunition, except during the deer gun and primitive firearm seasons (see § 32.2(k)).

(ix) You may use only reflective tacks as trail markers on the refuge.

(x) We allow the incidental take of feral hog during any open refuge hunting season with weapons approved for that season.

(2)

Upland game hunting.

We allow hunting of squirrel, rabbit, raccoon, and opossum on designated areas of the refuge subject to the following conditions:

(i) We allow the use of dogs for rabbit, squirrel, raccoon, and opossum hunting on specific dates listed in the refuge hunt brochure.

(ii) During any open deer firearm or primitive firearm season on the refuge, all hunters, except waterfowl hunters and nighttime raccoon and opossum

hunters, must wear hunter orange, blaze pink, or other such color as governed by State regulations.

(iii) The conditions set forth at paragraphs (g)(1)(v) through (x) of this section apply, except you may use .22-caliber rifles or smaller, and the nontoxic shot in your possession while hunting must be size 4 or smaller (see § 32.2(k)).

(iv) We will close the refuge to hunting (except waterfowl) and camping when the Pearl River reaches 15.5 feet (4.65 meters) on the Pearl River Gauge at Pearl River, Louisiana.

(v) During the dog season for squirrels and rabbits, all hunters, including archery hunters (while on the ground), except waterfowl hunters, must wear a cap or hat that is hunter-orange, blaze pink, or other such color as governed by State regulations.

(3)

Big game hunting.

We allow hunting of white-tailed deer, turkey, and feral hog on designated areas of the refuge subject to the following conditions:

(i) The conditions set forth at paragraphs (g)(1)(v) through (x) and (g)(2)(ii) through (iv) of this section apply.

(ii) Hunters may erect deer stands 48 hours before the deer archery season and must remove them from the refuge within 48 hours after this season closes (see § 27.93 of this chapter). We allow only one deer stand per hunter on the refuge. Deer stands must have the owner's State license/sportsmen's identification number clearly printed on the stand.

(iii) Deer hunters hunting from concealed blinds must display State Wildlife Management Area (WMA) hunter-orange or blaze-pink (as governed by State WMA regulations) above or around their blinds that is visible from 360 degrees.

(iv) We hold a special dog hog hunt in February. During this hunt, the following conditions apply, in addition to other applicable conditions in paragraph (g)(3) of this section:

(A) You must use trained hog-hunting dogs to aid in the take of hog.

(B) We allow take of hog from

1/2

hour before legal sunrise until

1/2

hour after legal sunset.

(C) You must possess only approved nontoxic shot, or pistol or rifle ammunition not larger than .22 caliber rim-fire to take the hog after it has been caught by dogs.

(v) You must kill all hogs prior to removal from the refuge.

(vi) We prohibit the use of deer and turkey gobbler decoys.

(4)

Sport fishing.

We allow only recreational fishing year-round on designated areas of the refuge subject to the following conditions:

(i) We only allow cotton limb lines.

(ii) We close the fishing ponds at the Pearl River Turnaround to fishing from April through the first full week of June and to boating during the months of April, May, June, and July.

(iii) When the Pearl River Turnaround area is open, we allow boats that do not have gasoline-powered engines attached in the fishing ponds at the Pearl River Turnaround. Anglers must hand-launch these boats into the ponds. When the fishing ponds at the Pearl River Turnaround are open, hook and line is the only legal method of take in those ponds.

(iv) The Pearl River Turnaround area, when open to fishing, is open

1/2

hour before legal sunrise to

1/2

hour after legal sunset.

(v) The conditions set forth at paragraphs (g)(1)(x) and (g)(2)(iv) of this section apply.

(k) * * *

(1)

Migratory game bird hunting.

We allow hunting of duck, goose, coot, and woodcock on designated areas of the refuge subject to the following conditions:

(x) We only allow the use of bright eyes or reflective tape for flagging or trail markers.

(3) * * *

(ii) We allow deer modern firearm hunting on the area south of the French Fork of the Little River for 2 days in December with these dates being set annually.

(n) * * *

(1) * * *

(xiv) We only allow the use of bright eyes or reflective tape for flagging or trail markers.

(4) * * *

(ii) We only allow fishing within the Coulee Des Grues Bayou from the bank adjacent to Little California Road.

(p) * * *

(1) * * *

(vii) We restrict the use of the ATV trails that are designated for physically challenged persons to individuals who possess a State-issued physically challenged program hunter permit or are age 60 or older.

(xii) We only allow the use of bright eyes or reflective tape for flagging or trail markers.

(q) * * *

(1) * * *

(iii) Each person age 18 and older must possess a valid Annual Public Use Permit (signed brochure).

(t) * * *

(1) * * *

(vi) We allow the incidental take of coyote, beaver, raccoon, skunk, opossum, and feral hog when hunting for migratory bird species with firearms and archery equipment authorized for use.

(2) * * *

(v) We allow the incidental take of coyote, beaver, raccoon, skunk, opossum, and feral hog when hunting for upland game species with firearms and archery equipment authorized for use.

(3) * * *

(xiii) We allow the incidental take of coyote, beaver, raccoon, skunk, opossum, and feral hog when hunting for big game species with firearms and archery equipment authorized for use.

18. Revise § 32.38 to read as follows:

§ 32.38

Maine.

(a)

Moosehorn National Wildlife Refuge

—(1)

Migratory game bird hunting.

We allow hunting of duck, goose, American woodcock, and snipe on designated areas of the refuge subject to the following conditions:

(i) We require every hunter to possess and carry a personally signed refuge permit (FWS Form 3-2439, Hunt Application—National Wildlife Refuge System).

(ii) We allow hunters to enter the refuge 2 hours before legal shooting hours, and they must exit the refuge by 1 hour past legal shooting hours.

(iii) We only allow portable or temporary blinds and decoys that must be removed from the refuge following each day's hunt (see § 27.93 of this chapter).

(iv) We allow the use of dogs consistent with State regulations.

(2)

Upland game hunting.

We allow hunting of ruffed grouse, snowshoe hare, red fox, gray and red squirrel, raccoon, skunk, and woodchuck on designated areas of the refuge subject to the following condition: The conditions set forth at paragraphs (a)(1)(i), (ii) (except for hunters pursuing raccoon at night), and (iv) of this section apply.

(3)

Big game hunting.

We allow hunting of black bear, bobcat, eastern coyote, moose, and white-tailed deer on designated areas of the refuge subject to the following conditions:

(i) The conditions set forth at paragraphs (a)(1)(i), (ii) (except for hunters pursuing eastern coyote at night), and (iv) of this section apply.

(ii) The hunter must retrieve all species harvested on the refuge.

(iii) We allow eastern coyote hunting from October 1 to March 31.

(iv) We allow tree stands, blinds, and ladders. You must clearly label any tree stand, blind, or ladder left on the refuge overnight with your hunting license number. You must remove your tree stand(s), blind(s), and/or ladder(s) from the refuge on the last day of the muzzleloader deer season (see § 27.93 of this chapter).

(v) You may hunt black bear, eastern coyote, and white-tailed deer during the State archery and firearms deer seasons on the Baring Division east of State Route 191.

(vi) We prohibit use of firearms to hunt bear and coyote during the archery deer season on the Baring Division east of Route 191. We prohibit the use of firearms, other than a muzzleloader, to hunt coyote during the deer muzzleloader season on the Baring Division east of Route 191.

(4)

Sport fishing.

We allow sport fishing on designated areas of the refuge subject to the following conditions:

(i) We only allow fishing from

1/2

hour before legal sunrise to

1/2

hour after legal sunset.

(ii) We prohibit trapping fish for use as bait.

(b)

Petit Manan National Wildlife Refuge

—(1)

Migratory game bird hunting.

We allow hunting of duck, goose, woodcock, rail, and snipe on designated areas of the refuge subject to the following condition: We allow the use of dogs consistent with State regulations.

(2)

Upland game hunting.

We allow hunting of upland game on designated areas of the refuge subject to the following conditions:

(i) We allow the use of dogs consistent with State regulations.

(ii) You may hunt coyotes from November 1 to March 31.

(iii) Hunters must retrieve all species harvested on the refuge.

(iv) We prohibit night hunting from

1/2

hour after legal sunset until

1/2

hour before legal sunrise the following day.

(3)

Big game hunting.

We allow hunting of white-tailed deer and black bear on designated areas of the refuge subject to the following conditions:

(i) Petit Manan Point is open only during the State-prescribed muzzleloader deer season.

(ii) We allow black bear hunting during the firearm season for white-tailed deer.

(iii) We allow hunters to enter the refuge 1 hour prior to legal sunrise and remain on the refuge 1 hour after legal sunset.

(iv) We prohibit the use of dogs when hunting black bear.

(4) [Reserved]

(c)

Rachel Carson National Wildlife Refuge

—(1)

Migratory game bird hunting.

We allow hunting of duck, goose, coot, woodcock, and snipe on designated areas of the refuge subject to the following conditions:

(i) Prior to entering designated refuge hunting areas, you must obtain a refuge permit (FWS Form 3-2439, Hunt Application—National Wildlife Refuge System) and sign and carry the permit at all times.

(ii) We open designated youth hunting areas to hunters age 15 and younger who possess and carry a refuge hunting permit (FWS Form 3-2439, Hunt Application—National Wildlife Refuge System). Youth hunters must be accompanied by an adult age 18 or older. The accompanying adult must possess and carry a refuge hunting permit (FWS Form 3-2439, Hunt Application—National Wildlife Refuge System) and may also hunt.

(iii) We allow the use of dogs consistent with State regulations.

(iv) We only allow temporary blinds and stands, which you must remove at the end of each day's hunt (see § 27.93 of this chapter).

(2)

Upland game hunting.

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

(i) The conditions set forth at paragraphs (c)(1)(i) and (iii) of this section apply.

(ii) We allow take of pheasant, quail, and grouse by falconry on the refuge during State seasons.

(3)

Big game hunting.

We allow hunting of white-tailed deer and turkey on designated areas of the refuge subject to the following conditions:

(i) The conditions as set forth at paragraphs (c)(1)(i) and (iv) of this section apply.

(ii) We allow hunting with shotgun and archery only. We prohibit rifles and muzzleloading firearms for hunting.

(iii) We allow turkey hunting during the fall season only, as designated by the State.

(iv) We allow only archery on those areas of the Little River division open to hunting.

(v) During the State firearm deer season, we only allow hunting of fox and coyote with archery or shotgun as incidental take with a refuge big game permit (FWS Form 3-2439, Hunt Application—National Wildlife Refuge System).

(vi) We allow hunting from

1/2

hour before legal sunrise to

1/2

hour after legal sunset.

(4)

Sport fishing.

We allow sport fishing on designated areas of the refuge subject to the following conditions:

(i) We allow fishing from

1/2

hour before legal sunrise to

1/2

hour after legal sunset.

(ii) We prohibit lead tackle.

(iii) We prohibit trapping fish for use as bait.

(d)

Sunkhaze Meadows National Wildlife Refuge

—(1)

Migratory game bird hunting.

We allow hunting of migratory game birds on designated areas of the refuge subject to the following condition: We allow the use of dogs consistent with State regulations.

(2)

Upland game hunting.

We allow hunting of upland game on designated areas of the refuge subject to the following conditions:

(i) We allow hunters to enter the refuge 1 hour before legal shooting hours, and they must exit the refuge by 1 hour past legal shooting hours, except for hunters pursuing raccoons at night.

(ii) The hunter must retrieve all species harvested on the refuge.

(iii) We allow the use of dogs consistent with State regulations.

(3)

Big game hunting.

We allow hunting of black bear, bobcat, moose, coyote, and white-tailed deer on designated areas of the refuge subject to the following conditions:

(i) We allow hunters to enter the refuge 1 hour before legal shooting hours, and they must exit the refuge by 1 hour after legal shooting hours, except for hunters pursuing coyotes at night.

(ii) We allow tree stands, blinds, and ladders. You must clearly label tree stands, blinds, or ladders left on the refuge overnight with your State hunting license number. You must remove your tree stand(s), blind(s), and/or ladder(s) from the refuge on the last day of the muzzleloader deer season (see § 27.93 of this chapter).

(iii) We allow the use of dogs consistent with State regulations.

(iv) We allow coyote hunting from October 1 to March 31.

(4)

Sport fishing.

We allow sport fishing on designated areas of the refuge subject to the following condition: We prohibit trapping fish for use as bait.

(e)

Umbagog National Wildlife Refuge

—(1)

Migratory game bird

hunting.

We allow hunting of duck, goose, snipe, coot, crow, and woodcock on designated areas of the refuge subject to the following condition: We allow the use of dogs consistent with State regulations.

(2)

Upland game hunting.

We allow hunting of fox, raccoon, woodchuck, squirrel, porcupine, skunk, snowshoe hare, ring-necked pheasant, and ruffed grouse on designated areas of the refuge subject to the following conditions:

(i) We prohibit night hunting from

1/2

hour after legal sunset until

1/2

hour before legal sunrise the following day.

(ii) We allow the use of dogs consistent with State regulations.

(3)

Big game hunting.

We allow hunting of bear, white-tailed deer, coyote, turkey, and moose on designated areas of the refuge subject to the following conditions:

(i) We allow the use of dogs consistent with State regulations.

(ii) Hunters must retrieve all species harvested on the refuge.

(iii) We allow temporary blinds and tree stands that are clearly marked with the owner's State hunting license number. You may erect temporary blinds and tree stands no earlier than 14 days prior to the hunting season, and you must remove them within 14 days after the hunting season (see § 27.93 of this chapter).

(4)

Sport fishing.

We allow sport fishing on designated areas of the refuge.

19. Revise § 32.39 to read as follows:

§ 32.39

Maryland.

(a)

Blackwater National Wildlife Refuge

—(1)

Migratory game bird hunting.

We allow hunting of goose and duck on designated areas of the refuge subject to the following conditions:

(i) You must obtain, and possess while hunting, a refuge waterfowl hunting permit (signed brochure or printed and signed copy of permit from

Recreation.gov

(ii) Up to three additional hunters may accompany you on your reserved unit.

(iii) We allow the use of dogs consistent with State regulations.

(2) [Reserved]

(3)

Big game hunting.

We allow the hunting of white-tailed deer, sika deer, and turkey on designated areas of the refuge subject to the following conditions:

(i)

General hunt regulations for this paragraph (a)(3).

(A) You must obtain, and possess while hunting, a turkey or deer hunting permit (printed and signed copy of permit from

Recreation.gov

(B) We prohibit organized deer drives unless authorized by the refuge manager. We define a “deer drive” as an organized or planned effort to pursue, drive, chase, or otherwise frighten or cause deer to move in the direction of any person(s) who is part of the organized or planned hunt and known to be waiting for the deer.

(C) We prohibit shooting a projectile from a firearm, muzzleloader, bow, or crossbow from, down, or across any road that is traveled by vehicular traffic.

(D) We prohibit the use of rimfire or centerfire rifles and all handguns, including muzzleloading pistols, for hunting.

(ii)

Archery deer hunt.

We do not allow archery hunters to hunt within areas designated for the youth hunt on designated days.

(iii)

Turkey hunt.

We allow turkey hunt permit holders (printed and signed copy of permit from

Recreation.gov

) to have an assistant, who must remain within sight and normal voice contact and abide by the rules set forth in the refuge's turkey brochure.

(iv)

Youth deer and turkey hunt.

We allow youth hunters to hunt on designated areas on designated days (youth hunt) if they meet the criteria of a “youth hunter” as governed by State law and possess a turkey or deer hunting permit (printed and signed copy of permit from

Recreation.gov

(v)

Designated disabled hunt.

(A) We require disabled hunters to have their America the Beautiful Access pass (OMB Control 1024-0252) in their possession while hunting in disabled areas.

(B) Disabled hunters may have an assistant, age 18 or older, who must remain within sight and normal voice contact while hunting. Assistants must possess a printed and signed copy of a permit from

Recreation.gov

and a valid government-issued photo identification.

(4)

Sport fishing.

We allow sport fishing and crabbing on designated areas of the refuge subject to the following conditions:

(i) We allow fishing and crabbing only from April 1 through September 30 from legal sunrise to legal sunset in refuge waters, unless otherwise authorized by the refuge manager.

(ii) We allow fishing and crabbing by boat in the Big Blackwater and the Little Blackwater River.

(b)

Eastern Neck National Wildlife Refuge.

(1)-(2) [Reserved]

(3)

Big game hunting.

We allow hunting of white-tailed deer and turkey on designated areas of the refuge subject to the following conditions:

(i)

General hunt regulations for this paragraph (b)(3).

(A) You must obtain, and possess while hunting, a deer or turkey hunting permit (printed and signed copy of permit from

Recreation.gov

(B) We prohibit shooting a projectile from a firearm, muzzleloader, bow, or crossbow from, down, or across any road that is traveled by vehicular traffic.

(ii)

Youth deer hunt.

We allow youth hunters to hunt on designated areas on designated days (youth hunt) if they meet the criteria of a “youth hunter” as governed by State law and possess a printed and signed copy of a permit from

Recreation.gov

(iii)

Designated disabled hunt.

(A) We require disabled hunters to have their America the Beautiful Access pass (OMB Control 1024-0252) in their possession while hunting in disabled areas.

(B) Disabled hunters may have an assistant who must be age 18 or older and remain within sight and normal voice contact. Assistants must possess a printed and signed copy of a permit from

Recreation.gov

and a valid government-issued photo identification.

(4)

Sport fishing.

We allow sport fishing and crabbing in designated areas of the refuge subject to the following conditions:

(i) We allow fishing and crabbing from designated shoreline areas located at the Ingleside Recreation Area from legal sunrise to legal sunset, April 1 through September 30.

(ii) We allow fishing from designated shoreline areas located at the Chester River end of Boxes Point and Duck Inn Trails from legal sunrise to legal sunset.

(c)

Patuxent Research Refuge

—(1)

Migratory game bird hunting.

We allow hunting of goose, duck, and dove on designated areas of the refuge subject to the following conditions:

(i) We require a National Wildlife Refuge System Hunt Application (FWS Form 3-2439, Hunt Application—National Wildlife Refuge System), and a signed Statement of Hunter Ethics (FWS Form 3-2516).

(ii) We prohibit hunting and scouting on Sundays and Federal holidays. No hunt-related activities may take place unless the Hunting Control Station is open.

(iii) We allow the use of dogs consistent with State regulations.

(iv) We prohibit wading in all impounded waters except for the placement and retrieval of decoys.

(2)

Upland game hunting.

We allow hunting of gray squirrel, eastern cottontail rabbit, and woodchuck on designated areas of the refuge subject to the following condition: The conditions set forth at paragraphs (c)(1)(i) through (iii) of this section apply.

(3)

Big game hunting.

We allow hunting of turkey and white-tailed deer on designated areas of the refuge subject to the following conditions:

(i) The conditions set forth at paragraphs (c)(1)(i) and (ii) apply.

(4)

Sport fishing.

We allow sport fishing on designated areas of the refuge subject to the following conditions:

(i) We require a National Wildlife Refuge System Fishing/Shrimping/Crabbing/Frogging Application (FWS Form 3-2358).

(ii) We prohibit the use and/or possession of lead sinkers.

20. Amend § 32.40 by revising paragraphs (a), (b), (c), (d), (f), (g), and (h) to read as follows:

§ 32.40

Massachusetts.

(a)

Assabet River National Wildlife Refuge

—(1)

Migratory game bird hunting.

We allow hunting of waterfowl and woodcock on designated areas of the refuge subject to the following conditions:

(i) We allow hunters to enter the refuge 1

1/2

hours before legal shooting hours, and they must exit the refuge by 1

1/2

hours after legal shooting hours.

(ii) Hunters must obtain and possess a refuge-specific hunting permit (FWS Form 3-2439, Hunt Application—National Wildlife Refuge System) to hunt on the refuge.

(iii) You may begin scouting hunting areas 4 weeks prior to the opening day of your permitted season. We require possession of a valid refuge hunting permit (FWS Form 3-2439, Hunt Application—National Wildlife Refuge System) while scouting.

(iv) We allow the use of dogs consistent with State regulations.

(v) One nonhunting companion may accompany each permitted hunter. We prohibit nonhunting companions from hunting, but they may assist in other means. All companions must carry identification and stay with the hunter.

(vi) Hunters may use temporary tree stands and ground blinds while engaged in hunting during the applicable seasons. Hunters must ma

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