Refuge-Specific Hunting and Fishing Regulations

[[Page 62035]]

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Parts 25 and 32

RIN 1018-AC80

Refuge-Specific Hunting and Fishing Regulations

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Final rule.

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SUMMARY: The Fish and Wildlife Service (Service) adds and/or amends

certain regulations governing sport fishing and hunting for migratory

game bird, upland/small game, and big game on individual national

wildlife refuges. Refuge Managers continuously review hunting and

fishing programs to respond to visitor interest in recreation

activities and to ensure compatibility with the purposes for which the

individual refuges were established. Modifications to existing programs

may include programs deleted, modified or expanded based on fluctuating

environmental conditions, changes to State and other Federal

regulations, and other factors. Modifications are also designed, to the

extent practical, to make refuge hunting and fishing programs

consistent with existing State hunting and fishing regulations.

EFFECTIVE DATE: December 4, 1995.

FOR FURTHER INFORMATION CONTACT:

Stephen R. Vehrs, Division of Refuges, U.S. Fish and Wildlife Service;

Telephone (703) 358-2029, X-5242.

SUPPLEMENTARY INFORMATION: 50 CFR part 25 contains general

administrative provisions which govern national wildlife refuges. 50

CFR part 32 contains provisions governing hunting and fishing on

national wildlife refuges (NWRs). Hunting and fishing are regulated on

refuges to: (1) Ensure compatibility with refuge purposes, (2) properly

manage the wildlife resource, (3) protect other refuge values, and (4)

ensure refuge user safety. On many refuges, the Service policy of

adopting State hunting regulations is adequate in meeting these

objectives. On other refuges, it is necessary to supplement State

regulations with more restrictive Federal regulations to ensure that

the Service meets its management responsibilities, as outlined under

the section entitled ``Conformance with Statutory and Regulatory

Authorities.'' Refuge-specific hunting and fishing regulations may be

issued only after a wildlife refuge is opened to migratory game bird

hunting, upland or other small game hunting, big game hunting or sport

fishing through publication in the Federal Register. These regulations

may list the wildlife species that may be hunted or the species subject

to sport fishing, seasons, bag limits, methods of hunting or fishing,

descriptions of open areas, and other provisions as appropriate.

Previously issued refuge-specific regulations for hunting and fishing

are contained in 50 CFR part 32. Many of the amendments to these

sections are being promulgated to standardize and clarify the existing

language of these regulations.

In the August 16, 1995, issue of the Federal Register, 60 FR 42668,

the Service published a proposed rulemaking and invited public comment

on the proposed annual additions and/or modifications to the National

Wildlife Refuge Hunting and Fishing Regulations. All substantive

comments were reviewed and considered following a 30-day public comment

period. The following represents a cross-section of the total concerns

expressed.

Four State conservation agencies, one non-government organization,

and 28 individuals commented on the proposed rulemaking. Nearly all

comments were concerning the proposal to require the use or expansion

of nontoxic shot on several refuges. This specific proposal would

require the use of nontoxic shot while hunting on refuges for one or

more species of wildlife other than waterfowl and coots, because of the

likelihood of depositing toxic lead shot pellets on the land with

resulting impacts to waterfowl and other migratory birds.

After evaluating the comments received, the Service has decided to

delay nontoxic shot implementation until the 1996-97 hunting season on

those refuges which were proposed to convert to nontoxic shot during

the 1995-96 season. This action is being taken to allow adequate time

for additional coordination and educational outreach with the affected

States, hunting organizations and the general public on the effects of

toxic lead shot to waterfowl and other migratory birds. Voluntary

hunter use of nontoxic shotshells is requested during the 1995-96

hunting season.

The State of Wisconsin, Department of Natural Resources expressed

the opinion that the Service has:

1. Not adequately documented the need for requiring nontoxic shot

for hunting certain wildlife species other than ducks, geese and swans;

and

2. Not provided the results of the scientific nontoxic shot studies

to the public. The State believes the public is supportive of

biologically sound regulations, but opposed to regulations without

justification; and

3. Proposed the required use of nontoxic shot in an inconsistent

manner. The State used Necedah NWR as an example where nontoxic shot

would be required to hunt ruffed grouse, but not for hunting woodcock

in the same general habitat.

Response

1. Lead shot from hunters' shotguns that is deposited in wetlands,

seasonally flooded habitats, and upland habitats in close proximity to

these wetlands is toxic to wildlife that directly ingest lead pellets

during feeding, and secondarily toxic to predators and carrion feeders

that consume these toxic wildlife carcasses. The documented scientific

evidence is clear in this regard, and is available as indicated at the

end of this response. What has not been adequately communicated to, and

considered by some hunters and habitat managers, is the deposition of

toxic lead shot into marginal or fringe wetland areas by hunting

activities other than waterfowl and coot hunting. Nationwide, efforts

are now underway to educate and activate programs to reduce this threat

to waterfowl, raptors and other susceptible wildlife species. The

proposed regulations were specific to point out that a scientifically

recognized toxic lead problem exists in uplands that are periodically

flooded and become feeding grounds for waterfowl and secondarily for

bald eagles.

Scientific research has established that lead pellets ingested by

waterfowl and secondarily by raptors including bald eagles results in

the death of these animals due to toxic lead poisoning. When lead shot

pellets are deposited during upland or small game hunting in dry areas

that are subject to seasonal flooding, waterfowl and other migratory

birds that feed in these areas during the period of high water are

vulnerable to lead poisoning. Scientific information on the ``Toxicity

of Lead Shot to Wildlife'' may be obtained by calling the U.S. Fish and

Wildlife Reference Service at 1-800-582-3421 or by accessing the

bibliographic databases information directly on the INTERNET at

``http://www.fws.gov/fwrefser.html''.

2. News articles concerning proposed regulations to address the

adverse affects of hunting upland and other small game with toxic lead

shot in upland areas subject to periodic flooding and seasonal wetland

areas have been published in newspapers during the last 3 years.

Nontoxic shot for hunting upland and other small game was first

introduced to west coast refuges in the 1991-92 hunting season,

[[Page 62036]]

and to southwestern refuges during the 1992-93 hunting season. Refuges

in Alaska and waterfowl production areas in the lower 48 States are

scheduled to phase in nontoxic shot to hunt certain upland and small

game by the 1997-98 and 1998-99 seasons respectively. Additional

scientific information and data that forms the basis for these

regulations will be provided to the States and public over the next few

months, or may be requested as indicated in the previous paragraph.

3. The original proposal to require nontoxic shot while hunting

woodcock at Necedah NWR was based on the fact that past hunting

occurred in some areas subject to periodic flooding. After receiving

public comments expressing concern that this specific requirement would

cause confusion among hunters, the Service has agreed that neither

grouse nor woodcock hunting will require nontoxic shot at Necedah NWR.

This decision was based on the fact that areas subject to flooding can

be partitioned away from the hunt area.

The Illinois Department of Conservation expressed general support

for reducing the risks of lead poisoning in waterfowl, endangered

species, and improving environmental quality, but could not support the

proposed rule without the Service:

1. Providing adequate scientific evidence showing that a problem

exists from upland/small game hunting with lead shot.

2. Conducting more site-specific studies in relation to lead

shotshells and lead rifle bullets for hunting squirrels. Their recent

study indicated that 47% of squirrel hunters in the northern half of

Illinois hunted with shotguns, and the remainder used .22 caliber

rimfire rifles and other weapons.

3. Providing adequate lead-time for hunters to become educated to

toxic lead shot problems when hunting upland and other small game and

supportive of corrective actions before the Service imposes this rule.

4. Delaying of the rule until at least the 1996-97 hunting season.

Response

1. Refer to Wisconsin number 1 response.

2. The regulations relating to nontoxic shot requirements were not

intended to apply to rifle bullets and large buckshot. The rule has

been clarified on this point. Site-specific evidence will be determined

in accordance with Service policy before nontoxic shot will be required

for hunting with larger shot such as buckshot, small rifle bullets such

as .22 caliber or for shotgun hunting on nonseasonally flooded uplands.

3. The nontoxic shot program will be phased in starting in the

1996-97 season, rather than the 1995-96 hunting season. Voluntary

compliance is requested during the 1995-96 season (refer to Wisconsin

number 2 response).

4. The final rules adopting requirements to use nontoxic shot to

hunt wildlife species other than waterfowl and coots on certain refuges

will be applicable beginning with the 1996-97 hunting season, however,

voluntary compliance will be requested prior to that time. Delays until

the 1997-98 season are also authorized for Alaska, to allow

coordination with the State and the outlying villages. Delays are also

provided for the waterfowl production areas principally in the Dakotas,

Montana, Wisconsin, and Iowa until the 1998-99 season, with voluntary

compliance requested in the meantime.

The Florida Game and Freshwater Fish Commission requested that the

Service reconsider the proposal to require nontoxic shot for hunting

upland and other small game on certain National Wildlife Refuges. They

expressed concern that:

1. requiring use of nontoxic shot for hunting small game in the

absence of documented lead ingestion problems amounts to regulatory

overkill.

2. the Service should require nontoxic shot only where specific

documentation of toxic lead problems exist.

Response

1. Refer to Wisconsin number 1 response.

2. For the reasons, and based on the data referred to in the

Wisconsin number 1 response, the Service has concluded that it is well

documented that toxic problems indeed exist in the hunting situation as

described in the regulations developed for the specific refuges.

The State of Indiana, Department of Natural Resources expressed the

opinion that:

1. the amount of lead deposited in the wetlands of Muscatatuck NWR

by the estimated 122 quail hunter visits would be very incidental and

would contribute insignificantly to the adverse welfare of waterfowl

using the refuge; and

2. they would rather not see this proposed regulation, which is a

disparity to their State regulations, imposed on Indiana's upland game

hunters at this time.

Response

After evaluating the comments from the State of Indiana, and re-

evaluating the on-ground relationship of where quail and rabbit hunting

occurs on the refuge, the Service has decided to remove Muscatatuck NWR

from the listing of refuges requiring nontoxic shot to hunt upland and

other small game. The Service believes it is possible to adequately

zone the hunting area away from the margins of existing wetlands and

those refuge lands subject to periodic flooding. Migratory waterfowl

and other migratory birds will be adequately protected by implementing

this measure.

The National Rifle Association of America objects to the proposed

rule because:

1. The document fails to inform the public of the basis and

purposes for imposing the nontoxic shot restrictions for upland game

hunting on listed refuges.

2. The public has not been afforded a meaningful opportunity to

comment on the proposal.

For these reasons, they recommend:

3. That a clear and concise statement of basis and purpose for the

nontoxic shot requirements for upland game hunting on specific refuges

be provided before a procedurally correct rulemaking on this issue is

moved forward.

4. That this rulemaking be withdrawn and a new rulemaking initiated

that recognizes this deficiency.

Response

As a basis for this rule, the Service has a responsibility to

protect migratory birds as well as threatened and endangered species of

wildlife from the toxic effects of lead shot poisoning due to hunting.

The purpose of this rulemaking is to avoid the use of a known toxic

substance, such as lead shot pellets, while hunting upland and other

small game in an area where waterfowl and other migratory birds could

be harmed or killed. The Service does not agree that there are any

deficiencies in its procedures, but in order to more adequately educate

and inform hunters and the general public of the new requirements, and

coordinate with affected States, the Service will delay application of

the nontoxic shot requirements until the 1996-97 season. Also, refer to

Wisconsin number 1 response.

With respect to number 2 concern, a 30-day public comment period

has been afforded the public to comment on the proposed rule. News

articles concerning proposed regulations that address the adverse

affects of hunting upland and other small game with toxic lead shot in

upland areas subject to periodic flooding and seasonal wetland areas

[[Page 62037]]

have been published in newspapers during the last 3 years. Nontoxic

shot for hunting upland and small game was first introduced to west

coast refuges in the 1991-92 hunting season, and to southwestern

refuges during the 1992-93 hunting season. Refuges in Alaska and

waterfowl production areas in the lower 48 states are scheduled to

phase in nontoxic shot to hunt certain upland and other small game by

the 1997-98 and 1998-99 seasons respectively. Refer to Wisconsin number

2. response.

Individual comments received ranged from strong, general support

for the proposed rule to total disagreement with the need to implement

regulations. Specific concerns included:

1. All refuge lands should be off-limits to lead deposition because

lead is a toxic environmental pollutant.

Response

The use of lead shot on National Wildlife Refuges will continue to

be monitored and its use will be prohibited in those habitats where

scientific evidence shows it is detrimental to wildlife resource

values.

2. Support for a lead shot ban on refuge hunt areas, if the Service

does not encourage the States to impose lead shot restrictions on State

lands.

Response

The Service will continue to cooperate with State wildlife agencies

to understand the toxic effects of lead shot deposition from hunting.

The Service will also work with States in which waterfowl production

areas are located to explore opportunities for conversion of both State

and Federal areas where it will reduce threats to wildlife and minimize

confusion to hunters.

3. Support for prohibition on private and public trap and skeet

ranges using lead shot.

Response

Trap and skeet ranges are located outside of Service jurisdiction

and, therefore, are regulated by private landowners, or in certain

cases local jurisdictions.

4. Nontoxic shot is not readily available for purchase in the

smaller shot sizes, and this will prevent the use of .410, 28 ga., and

20 ga. shotguns. Also, this would pose a disadvantage to young hunters

and women who regularly use these shotguns for hunting.

Response

The Service acknowledges that commercial manufacture of steel shot

is very limited in .410 and 28 gauge shotshells, however steel is being

reloaded in these gauges by individual hunters. The Service's decision,

however, must be based on its responsibilities to protected migratory

birds from toxic shot hazards.

5. Most hunting for upland and small game is on high and dry

terrain and not in wetlands.

Response

The intent of the Service's policy is to protect migratory birds

whenever there are potential lead poisoning impacts in wetlands and

associated uplands. Refuge managers followed national policy in

selecting which refuges and what areas of those refuges to include in

the regulations. Nontoxic shot conversions were proposed following

these policy guidelines:

1. Nontoxic shot would be required for nonwaterfowl hunting

programs that take place in wetlands, lands adjacent to wetlands, and

lands seasonally flooded that have a potential for lead poisoning

impacts to waterfowl and other migratory birds. 2. Nontoxic shot

requirements do not apply to small-caliber rifle hunting for mammals or

birds, or shotgun hunting for mammals in the absence of site-specific

evidence of a significant impact. 3. This policy does not affect big

game hunting programs, including turkey hunting.

6. A significant law enforcement problem exists when hunters are

allowed to use both lead and nontoxic shot within the same hunt area at

the same time, even though for different game species.

Response

Nontoxic shot hunting zones within refuges include those upland

areas that are interspersed with wetlands, or where no distinct

geographical or physical boundaries (fences, dikes, or roads) exist to

distinguish the upland areas from the seasonal wetland areas. When

hunters can easily distinguish wetlands from uplands through posting or

mapping, then this entire area can be managed for both lead shot on the

uplands and nontoxic shot on the lowlands. Likewise, a particular hunt

program (i.e., a species hunt) that occurs on both wetlands and uplands

will be converted to nontoxic shot refuge-wide when there are

significant hunter compliance and/or enforcement problems. In general,

if hunt areas can be posted, mapped or regulated adequately so that the

hunter can reasonably expect to distinguish a nontoxic shot zone from a

lead shot zone, then lead shot may be used within that respective zone.

Also, if State game laws require nontoxic shot for hunting a particular

species, then the refuges in that State will also require nontoxic shot

for hunting that species.

7. Nontoxic shot (steel) is not compatible with shooting older,

softer metal barreled shotguns, such as certain doubles, over-and-

unders, general Damascus type, and the original Winchester Model 12

shotguns.

Response

Steel shot is definitely harder than lead shot, however modern

shotgun barrels are designed to handle this shot without difficulty.

The Service is aware that possible damage may occur from shooting

modern loads in older model shotguns. However, the Service's

responsibility is to protect migratory birds from the toxic shot

impacts.

8. Cost of nontoxic shot is prohibitively expensive and hard to

locate.

Response

Nontoxic shot (steel) costs more than the equivalent lead shotshell

loads. Competition between manufacturers, due to waterfowl hunting

nontoxic shot requirements, has increased the supply and somewhat

reduced the overall price of steel shot. Nontoxic shot usually sells

for $2-12 per box more than the equivalent size lead shot. Again, the

Service's objective and responsibilities are to protect the migratory

bird populations.

9. Crippling loss using nontoxic shot far outweighs the potential

loss from using lead shot for hunting upland and other small game in

fringe wetland areas.

Response

Most hunters find that if the target is within the 30-45 yard

range, clean kills will occur. Some experienced hunters find that steel

shot will penetrate better than lead shot. As hunters become more

proficient with shooting nontoxic shot, crippling loss will be reduced

dramatically.

10. Required use of nontoxic shot will cause hunters to abandon the

sport, thereby resulting in a significant loss to Federal taxes on

sporting arms and ammunition, and therefore less money for wildlife/

habitat enhancement projects.

Response

Long-range indications are that hunting will account for less and

less of the total percentage of recreational use on refuges, and

funding sources for habitat protection and management will be harder to

find in times of shrinking budgets. However, the Service does not

believe that conversion to nontoxic shot

[[Page 62038]]

on selected refuges will contribute significantly to that trend.

11. The 104th Congress has banned Federal agencies from imposing

new regulations, and this proposed rule is just another form of gun

control, an anti-hunting ploy and a slap at our fundamental freedom.

Response

The regulation setting process is not intended as a manner of gun

control, but rather as a resource protection measure and was drawn as

narrowly as possible in order to provide the least restrictive hunting

opportunity.

The intent of Congress is to reduce Federal regulatory burdens, and

the Administration is in the process of reducing outdated and

unnecessary rules. Congress, however, realizes that the hunting of

migratory birds involves several treaty obligations with neighboring

countries where migratory birds spend part of the year. Whether

migratory birds are using national wildlife refuges or being hunted on

State or private lands, there must be certain fair and equitable rules

established. Therefore annual regulations are promulgated based on

annual biological determinations of harvestable surpluses of game

species.

Also, fishing on national wildlife refuges would be closed to the

public without the establishment of annual regulations. Therefore,

Congress has been receptive to appropriate rulemakings which allow

hunters and fishermen the opportunity to participate in annual

harvests.

The following questions and answers respond to the range of

additional comments received from individuals concerning this proposed

rule:

What is the history of nontoxic shot requirements while

hunting?

A nationwide phase-out program on the use of lead shot for

waterfowl hunting began in 1986. By the 1991-92 season, only nontoxic

(steel) shot was allowed for waterfowl and coot hunting. Prior to 1986

many national wildlife refuges required the use of steel shot because

of locally documented lead poisoning in waterfowl.

How will I know where to use nontoxic shot?

Site-specific brochures and information are available. Contact the

refuge manager of the refuge you plan to hunt, and ask for an

explanation of the nontoxic boundaries.

Where can upland game continue to be hunted using lead?

Since State wildlife agencies and national wildlife refuges have

limited the use of lead shot for the hunting of waterfowl and coots and

now several areas are phasing in controls on upland and other small

game hunting around wetlands, hunters should consult specific wildlife

refuge regulations. The refuges proposed for nontoxic shot conversion

in this rulemaking will remain open to the use of lead shot for upland

and small game in the 1995-96 season, although voluntary use of

nontoxic shot will be requested. Most waterfowl production areas of the

prairie pothole country will remain open to the use of lead shot until

the 1998-99 hunting season. Again, the Service will encourage the

voluntary use of nontoxic shot on those areas.

Where will hunters be required to use nontoxic shot?

A list of refuges by State is available from the Service's 7

regional offices, and from local refuge offices. The Federal Register,

which also lists each refuge, is accessible from The National Wildlife

Refuge Home Page on the INTERNET, location: ``http://

bluegoose.ARW.R9.FWS.gov/'', or by calling 1-800-344-WILD and

requesting a refuge brochure and a 1996-97 list of refuges where

nontoxic shot is required to hunt one or more species of wildlife other

than waterfowl and coot.

How many kinds of nontoxic shot can hunters purchase?

Even though manufacturers are experimenting with other metals and

alloys, steel shot is still the best and most readily available

nontoxic shot. Bismuth shot has only recently become available on a

limited and conditional basis.

Where can nontoxic shot be purchased?

Steel shot is available locally at many large sporting goods stores

that cater to waterfowl hunters. If they don't have exactly what you

are looking for, they will no doubt recommend an alternate source.

Are states requiring the use of nontoxic shot?

Many State wildlife agencies have imposed nontoxic shot regulations

on wildlife management areas where waterfowl hunting also takes place,

such as Indiana (for dove hunting), Missouri (for snipe and rail), and

Tennessee (for doves). Other States, such as Nebraska, require nontoxic

shot for all bird hunting on certain State management areas. In Utah,

nontoxic shot is required to hunt sandhill cranes, and for all upland

and small game hunting on two State management areas.

Why do you permit hunting at all on National Wildlife

Refugues?

Hunting is a part of our country's heritage. Many refuges were

purchased with funds derived from the sale of duck stamps to waterfowl

hunters. The National Wildlife Refuge System Administration Act

authorizes recreation that is compatible with the primary purpose for

which the refuges were established. Some refuges have hunting as a

specific purpose of being acquired.

Will big game (buckshot deer hunting) be included in the

nontoxic shot requirement?

No. The regulation requires the use of nontoxic shot for certain

upland and other small game only when hunting takes place in or near

permanent or seasonal wetlands.

What wildlife are considered upland or small game and

covered by this regulation?

Each specific refuge regulation will specify what wildlife species

can be hunted on that particular refuge. The intent of the regulation

is to include all species of upland and small game that are hunted by

shotgun in or near a permanent or seasonal wetland. The hunted species

present there may include, but are not limited to, the following:

pheasants, quail, snipe, dove, rabbits, woodcock, partridge, grouse,

and rails.

Why do raptors including bald eagles die from ingesting

lead shot?

When a duck ingests lead shot into the gizzard/stomach while

feeding, the lead will be deposited and lodge in the gizzard and stay

there while being worn away through natural grinding processes. A

mallard, for example, may ingest 2 pellets of #4 lead shot in the

gizzard, and as the bird becomes weak and disoriented from the lead

poisoning, it becomes an easy food source for all predators including

raptors. When the bird is eaten by a marsh hawk or bald eagle, the lead

is now going to enter the raptor's body. The toxic (secondary) effect

of the lead may have caused the death of both the prey and the

predator.

Will small bore rifle hunting be included in the nontoxic

shot regulation.

No, small bore rifle hunting is not included in the nontoxic shot

requirement.

Conformance With Statutory and Regulatory Authorities

The National Wildlife Refuge System Administration Act (NWRSAA) of

1966, as amended (16 U.S.C. 668dd), and the Refuge Recreation Act of

1962 (16 U.S.C. 460k) govern the administration and public use of

national wildlife refuges. Specifically, section 4(d)(1)(A) of the

NWRSAA authorizes the

[[Page 62039]]

Secretary of the Interior to permit the use of any area within the

Refuge System for any purpose, including but not limited to, hunting,

fishing, other public recreation, accommodations, and access, when the

Secretary determines that such uses are compatible with the major

purpose(s) for which the area was established.

The Refuge Recreation Act authorizes the Secretary to administer

areas within the Refuge System for public recreation as an appropriate

incidental or secondary use only to the extent that it is practicable

and not inconsistent with the primary purpose(s) for which the areas

were established. The Refuge Recreation Act also authorizes the

Secretary to issue regulations to carry out the purposes of the Act.

Hunting and sport fishing plans are developed for each refuge prior to

opening it for hunting or fishing. In many cases, refuge-specific

hunting and fishing regulations are included in the hunting and sport

fishing plans to ensure the compatibility of the hunting and sport

fishing programs with the purposes for which the refuge was

established. Initial compliance with the NWRSAA and Refuge Recreation

Act is ensured when hunting and sport fishing plans are developed, and

the determinations required by these acts are made prior to the

addition of refuges to the lists of areas open to hunting and fishing

in 50 CFR part 32. Continued compliance is ensured by annual review of

hunting and sport fishing programs and regulations.

Consideration was given to delaying this final rule for a 30-day

period, however, the Service determined that any further delay in the

implementation of these refuge-specific hunting and fishing regulations

will hinder the effective planning and administration of the programs.

Public comment was received on this proposal during the 30-day comment

period for this rule. A delay of an additional 30 days will jeopardize

holding the hunts or fishing programs this year, or shorten their

duration and thereby lessen the management effectiveness of this

regulation. Many of these rules also relieve restrictions and allow the

public to participate in recreational activities on a number of

refuges. In addition, good cause exists in that, in order to continue

to provide for previously authorized hunting opportunities while at the

same time provide for adequate resource protection, the Service must

immediately put into place modifications to some of the hunting

programs on some refuges. Therefore, in accordance with (5 U.S.C.

553(d)(3), these rules will become effective as of the date of

publication in the Federal Register.

Economic Effect

This rulemaking is not subject to Office of Management and Budget

review under Executive Order 12866. In addition, a review under the

Regulatory Flexibility Act of 1980 (5 U.S.C. 601 et seq.) has revealed

that the rulemaking would not have a significant effect on a

substantial number of small entities, which include businesses,

organizations or governmental jurisdictions. Hunting and fishing

programs take place throughout the United States on a very broad scale.

No single program has a significant localized impact. While the

proposed hunting and fishing programs could increase the number of

hunting and fishing licenses purchased and boost sales of hunting and

fishing gear, the impact would still not be considered significant when

compared to other commercial activities in the surrounding area. This

proposed rule would have minimal effect on such entities.

Paperwork Reduction Act

The information collection requirements for part 32 are found in 50

CFR part 25 and have been approved by the Office of Management and

Budget under Public law 104-13 and assigned clearance number 1018-0014.

The information is being collected to assist the Service in

administering these programs in accordance with statutory authorities

which require that recreational uses be compatible with the primary

purposes for which the areas were established. The information

requested in the application form is required to obtain a benefit.

The public reporting burden for the application form is estimated

to average six (6) minutes per response, including time for reviewing

instructions, gathering and maintaining data, and completing the form.

Direct comments on the burden estimate or any other aspect of this form

may be sent to the Service Information Collection Clearance Office,

U.S. Fish and Wildlife Service, 1849 C Street NW., MS 224 ARLSQ,

Washington, DC 20240; and the Office of Management and Budget,

Paperwork Reduction Project (1018-0014), Washington, DC 20530.

Federalism

This final rule will not have substantial direct effects on the

States, in their relationship between the Federal Government and the

States, or on the distribution of power and responsibilities among the

various levels of government. Therefore, in accordance with Executive

Order 12612, it is determined that this rule does not have sufficient

Federalism implications to warrant the preparation of a Federalism

Assessment.

Environmental Considerations

Compliance with the National Environmental Policy Act of 1969

(NEPA) (42 U.S.C. 4332(C)) is ensured when hunting and sport fishing

plans are developed, and the determinations required by this act are

made prior to the addition of refuges to the lists of areas open to

hunting and fishing in 50 CFR Part 32. The changes in hunting and

fishing have been reviewed with regard to Section 7 of the Endangered

Species Act of 1973 (16 U.S.C. 1531-1543) and have been found to

either, have no affect on, or are not likely to adversely affect listed

species or critical habitat. The amendment of refuge-specific hunting

and fishing regulations are subject to a categorical exclusion from the

NEPA process if they do not significantly alter the existing use of a

particular national wildlife refuge. The B.(5) Service exclusion is

employed here as these amendments are considered ``[m]inor changes in

the amounts or types of public use on FWS or State-managed lands, in

accordance with regulations, management plans, and procedures.'' These

refuge-specific hunting and fishing revisions to existing regulations

simply qualify or otherwise define an existing hunting or fishing

activity for purposes of resource management. Information regarding

hunting and fishing permits and the conditions that apply to individual

refuge hunts, sport fishing activities and maps of the respective areas

are retained at refuge headquarters and can be obtained from the

regional offices of the U.S. Fish and Wildlife Service at the addresses

listed below:

Region 1--California, Hawaii, Idaho, Nevada, Oregon, and Washington.

Assistant Regional Director--Refuges and Wildlife, U.S. Fish and

Wildlife Service, Eastside Federal Complex, Suite 1692, 911 N.E. 11th

Avenue, Portland, Oregon 97232-4181; Telephone (503) 231-6214.

Region 2--Arizona, New Mexico, Oklahoma and Texas.

Assistant Regional Director--Refuges and Wildlife U.S. Fish and

Wildlife Service, Box 1306, Albuquerque, New Mexico 87103; Telephone

(505) 766-1829.

Region 3--Illinois, Indiana, Iowa, Michigan, Minnesota, Missouri, Ohio

and Wisconsin.

Assistant Regional Director--Refuges and Wildlife, U.S. Fish and

Wildlife Service, Federal Building, Fort

[[Page 62040]]

Snelling, Twin Cities, Minnesota 55111; Telephone (612) 725-3507.

Region 4--Alabama, Arkansas, Florida, Georgia, Kentucky, Louisiana,

Mississippi, North Carolina, Tennessee, South Carolina, Puerto Rico and

the Virgin Islands.

Assistant Regional Director--Refuges and Wildlife, U.S. Fish and

Wildlife Service, 1875 Century Boulevard, Room 324, Atlanta, Georgia

30345; Telephone (404) 679-7152.

Region 5--Connecticut, Delaware, District of Columbia, Maine, Maryland,

Massachusetts, New Hampshire, New Jersey, New York, Pennsylvania, Rhode

Island, Vermont, Virginia and West Virginia.

Assistant Regional Director--Refuges and Wildlife, U.S. Fish and

Wildlife Service, 300 Westgate Center Drive, Hadley, Massachusetts

01035; Telephone (413) 253-8550.

Region 6--Colorado, Kansas, Montana, Nebraska, North Dakota, South

Dakota, Utah and Wyoming.

Assistant Regional Director--Refuges and Wildlife, U.S. Fish and

Wildlife Service, Box 25486, Denver Federal Center, Denver, Colorado

80225; Telephone (303) 236-8145.

Region 7--Alaska.

Assistant Regional Director--Refuges and Wildlife, U.S. Fish and

Wildlife Service, 1011 E. Tudor Rd., Anchorage, Alaska 99503; Telephone

(907) 786-3545.

Primary Author. Stephen R. Vehrs, Division of Refuges, U.S. Fish

and Wildlife Service, Washington, DC 20240, is the primary author of

this rulemaking document.

List of Subjects

50 CFR Part 25

Administrative practice and procedures, Reporting and recordkeeping

requirements, Concessions, Safety, Wildlife refuges.

* * * * *

50 CFR Part 32

Hunting, Fishing, Reporting and recordkeeping requirements,

Wildlife, Wildlife refuges.

Accordingly, Parts 25 and 32 of Chapter I of Title 50 of the Code

of Federal Regulations are amended as follows:

PART 25--[AMENDED]

1. The authority citation for Part 25 continues to read as follows:

Authority: 16 U.S.C. 460k, 664, 668dd, and 715i, and 3901 et

seq.

Sec. 25.12 [Amended]

2. Section 25.12(a) is amended by adding the definition of nontoxic

shot following the definition of National Wildlife Refuge System.

Sec. 25.12 Definitions.

* * * * *

Nontoxic shot means steel shot or other shot approved pursuant to

50 CFR 20.134.

* * * * *

PART 32--[AMENDED]

3. The authority citation for Part 32 continues to read as follows:

Authority: 5 U.S.C. 301; 16 U.S.C. 460k, 664, 668dd, and 715i.

Sec. 32.7 [Amended]

4. Section 32.7 is amended by adding the alphabetical listing of

``North Platte National Wildlife Refuge'' under the State of Nebraska.

5. Section 32.22 Arizona, is amended by revising paragraph A. of

the Bill Williams River National Wildlife Refuge; and by adding

paragraphs A., 8., through A.13. inclusive, revising paragraph B.4.,

and adding paragraphs B.5. and B.6. to Cibola National Wildlife Refuge

to read as follows:

Sec. 32.22 Arizona.

* * * * *

Bill Williams River National Wildlife Refuge

A. Hunting of Migratory Game Birds. Hunting of mourning and white-

winged doves is permitted on designated areas of the refuge subject to

the following condition: Legal weapon is shotgun only.

* * * * *

Cibola National Wildlife Refuge

A. Hunting of Migratory Game Birds. * * *

8. Hunting is not permitted within 50 yards of any road or levee.

9. Decoys are required for waterfowl hunting and must be removed

from the refuge daily.

10. Waterfowl hunters are limited to 10 shells per day in Farm Unit

2.

11. During the Arizona waterfowl season, Farm Unit 2 is closed to

dove hunting until noon each day.

12. In Farm Unit 2, waterfowl hunters must remain within 50 feet of

designated station while hunting except when actively retrieving downed

birds.

13. During the goose season the Hart Mine Marsh Area is closed to

hunting until 10 a.m. daily.

B. Upland Game Hunting. * * *

4. Hunting of cottontail rabbit is permitted from September 1

through the last day of the respective State's quail season.

5. During the Arizona waterfowl season, hunting of quail and rabbit

is not permitted in Farm Unit 2 until noon.

6. Hunting is not permitted within 50 yards of any road or levee.

* * * * *

6. Section 32.23 Arkansas is amended by revising paragraphs B. and

C. of Felsenthal National Wildlife Refuge; by revising paragraphs B.

and C. of Overflow National Wildlife Refuge; and by revising paragraphs

D.1. and D.4. of White River National Wildlife Refuge to read as

follows:

Sec. 32.23 Arkansas.

* * * * *

Felsenthal National Wildlife Refuge

* * * * *

B. Upland Game Hunting. Hunting of quail, squirrel, rabbit,

raccoon, opossum, beaver, nutria, and coyote is permitted on designated

areas of the refuge subject to the following condition: Permits are

required.

C. Big Game Hunting. Hunting of white-tailed deer, turkey, and

feral hogs is permitted on designated areas of the refuge subject to

the following condition: Permits are required.

* * * * *

Overflow National Wildlife Refuge

* * * * *

B. Upland Game Hunting. Hunting of quail, squirrel, rabbit,

raccoon, opossum, beaver, nutria, and coyote is permitted on designated

areas of the refuge subject to the following condition: Permits are

required.

C. Big Game Hunting. Hunting of white-tailed deer, turkey, and

feral hogs is permitted on designated areas of the refuge subject to

the following condition: Permits are required.

* * * * *

White River National Wildlife Refuge

* * * * *

D. Sport Fishing. * * *

1. Fishing is permitted from March 1 through November 30 except as

posted and as follows: fishing is permitted year-round in LaGrueu,

Essex, Prairie, and Brooks Bayous, Big Island Chute, Moon Lake and

Belknap Lake next to Arkansas Highway 1, Indian Bay, the Arkansas Post

Canal and adjacent drainage ditches, those borrow ditches located

adjacent to the West bank of that portion of the White River Levee

north of the Arkansas Power and Light Company power line right-of-way,

and

[[Page 62041]]

all refuge owned waters located North of Arkansas Highway 1.

* * * * *

4. Frogging is permitted on all refuge owned waters open for sport

fishing as follows: South of Arkansas Highway 1, frogging is permitted

from the beginning of the State season through November 30; North of

Arkansas Highway 1, frogging is permitted for the entire State season.

The use of bow and arrow for taking bullfrogs is prohibited.

7. Section 32.24 California is amended by revising paragraphs A.1.,

A.2., and A.3. of Delevan National Wildlife Refuge; by adding new

paragraph A.5. to Kesterson National Wildlife Refuge; by revising

paragraphs A.1. and A.2. of Modoc National Wildlife Refuge; by revising

paragraphs A.1., A.2., and B.1. of Sacramento National Wildlife Refuge;

and by adding new paragraph A.5. and revising paragraph B. of San Luis

National Wildlife Refuge to read as follows:

Sec. 32.24 California.

* * * * *

Delevan National Wildlife Refuge

A. Hunting of Migratory Game Birds. * * *

1. Firearms must be unloaded while being transported between

parking areas and spaced blind areas.

2. Snipe hunting is not permitted in the spaced blind area.

3. Hunters assigned to the spaced blind area are restricted to

within 100 feet of their assigned hunt site except for retrieving

downed birds, placing decoys, or traveling to and from the area.

* * * * *

Kesterson National Wildlife Refuge

A. Hunting of Migratory Game Birds. * * *

5. Access to Salt Slough is via boats only. Boats may only be

launched at the Highway 140 (Fremont Ford State Recreational Area) and

Highway 165 access points. the use of air-thrust and/or inboard water

thrust boats is not permitted. The speed limit of 5 mph is in effect.

* * * * *

Modoc National Wildlife Refuge

A. Hunting of Migratory Game Birds. * * *

1. A permit issued by the refuge to hunters with advance

reservations only is required for the first weekend.

2. After the first weekend of the open season, hunting is permitted

only on Tuesdays, Thursdays, and Saturdays. Hunters must check in and

out of the refuge by use of self-service permits.

* * * * *

Sacramento National Wildlife Refuge

A. Hunting of Migratory Game Birds. * * *

1. Firearms must be unloaded while being transported between

parking areas and spaced blind areas.

2. Snipe hunting is not permitted in the spaced blind area.

* * * * *

B. Upland Game Hunting. * * *

1. A special one-day only, pheasant hunt is permitted in the spaced

blind area on the first Monday after the opening of the State pheasant

hunting season.

* * * * *

San Luis National Wildlife Refuge

A. Hunting of Migratory Game Birds. * * *

5. Vehicles may stop only at designated parking areas. Dropping of

passengers or equipment, or stopping between designated parking areas

is prohibited.

B. Upland Game Hunting. Hunting of pheasants is permitted on

designated areas of the refuge subject to the following conditions:

1. Hunters shall possess and use, while in the field, only nontoxic

shotshells (nontoxic shot regulation to be effective starting with the

1996-97 hunting season).

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

field.

* * * * *

7a. Section 32.25 Colorado is amended by revising paragraphs A. and

B. of Arapaho National Wildlife Refuge to read as follows:

Sec. 32.25 Colorado.

* * * * *

Arapaho National Wildlife Refuge

A. Hunting of Migratory Game Birds. Hunting of migratory game birds

is allowed on designated areas of the refuge pursuant to State law.

B. Upland Game Hunting. Upland game hunting is allowed on

designated areas of the refuge pursuant to State law and subject, also,

to the following condition: Hunters shall possess and use, while in the

field, only nontoxic shot (nontoxic shot regulation to be effective

starting with the 1996-97 hunting season).

* * * * *

8. Section 32.27 Delaware is amended by adding new paragraph B.4.,

revising introductory language of paragraph C., and adding new

paragraph C.4. to Bombay Hook National Wildlife Refuge; and by adding

new paragraph B.4. to Prime Hook National Wildlife Refuge to read as

follows:

Sec. 32.27 Delaware.

* * * * *

Bombay Hook National Wildlife Refuge

* * * * *

B. Upland Game Hunting. * * *

4. Shotgun hunters shall possess and use, while in the field, only

nontoxic shot (nontoxic shot regulation to be effective starting with

the 1996-97 hunting season).

C. Big Game Hunting. Hunting of deer and turkey is permitted on

designated areas of the refuge subject to the following conditions: * *

*

4. A valid State permit is required for turkey hunting.

* * * * *

Prime Hook National Wildlife Refuge

* * * * *

B. Upland Game Hunting. * * *

4. Shotgun hunters shall possess and use, while in the field, only

nontoxic shot (nontoxic shot regulation to be effective starting with

the 1996-97 hunting season).

* * * * *

9. Section 32.31 Idaho is amended by revising paragraph D. of

Kootenai National Wildlife Refuge to read as follows:

Sec. 32.31 Idaho.

* * * * *

Kootenai National Wildlife Refuge

* * * * *

D. Sport Fishing. Fishing is permitted only on Myrtle Creek subject

to the following condition: Only bank fishing is permitted. Fishing

from boats, float tubes, or other personal flotation devices is

prohibited.

* * * * *

10. Section 32.32 Illinois is amended by revising paragraph D.1.

and adding new paragraph D.5. to Chautauqua National Wildlife Refuge;

by adding new paragraphs A.3., A.4. and B.3. to Crab Orchard National

Wildlife Refuge; by adding new paragraph (B.3., and revising paragraph

C. of Cypress Creek National Wildlife Refuge; by adding new paragraph

B.3. to Mark Twain National Wildlife Refuge; and by adding new

paragraph B.4. to Upper Mississippi River National Wildlife Refuge to

read as follows:

Sec. 32.32 Illinois.

* * * * *

Chautauqua National Wildlife Refuge

* * * * *

[[Page 62042]]

D. Sport Fishing. * * *

1. Sport fishing is allowed on Lake Chautauqua from February 15

through October 15. Sport fishing is not allowed in the Waterfowl

Hunting Area during waterfowl hunting season.

* * * * *

5. Weis Lake on the Cameron Unit is closed to all public entry from

October 16 through February 14.

Crab Orchard National Wildlife Refuge

A. Hunting of Migratory Game Birds. * * *

* * * * *

3. Waterfowl hunters may not possess more than 20 shells during the

combined duck and goose seasons. Goose hunters may not possess more

than 10 shells during the goose season.

4. Hunting in the Cambria Neck dove field is closed on Tuesdays and

Thursdays. All Cambria Neck dove hunters are required to sign in and

out and report their harvest.

B. Upland Game Hunting. * * *

3. Only nontoxic shot may be used or possessed while hunting all

permitted birds, except wild turkeys (nontoxic shot regulation to be

effective starting with the 1996-97 hunting season). The possession and

use of lead shot is still permitted for wild turkey hunting.

* * * * *

Cypress Creek National Wildlife Refuge

* * * * *

B. Upland Game Hunting. * * *

3. Only nontoxic shot may use used or possessed while hunting

bobwhite quail (nontoxic shot regulations to be effective starting with

the 1996-97 hunting season).

C. Big Game Hunting. Hunting of white-tailed deer is permitted on

designated areas of the refuge subject to the following conditions:

1. Hunters must check in and out of the refuge each day of hunting.

2. Hunting blinds may not be left overnight on the refuge.

* * * * *

Mark Twain National Wildlife Refuge

* * * * *

B. Upland Game Hunting. * * *

3. Only nontoxic shot may be used or possessed while hunting all

permitted birds, except wild turkeys (nontoxic shot regulation to be

effective starting with the 1996-97 hunting season). The possession and

use of lead shot is still permitted for wild turkey hunting.

* * * * *

Upper Mississippi River National Wildlife and Fish Refuge

* * * * *

B. Upland Game Hunting. * * *

4. Shotgun hunters may only use or possess nontoxic shot when

hunting for any permitted birds or other small game, except wild turkey

(nontoxic shot regulation to be effective starting with the 1996-97

hunting season). The possession of lead shot is still permitted for

wild turkey hunting.

* * * * *

11-12. Section 32.34 Iowa is amended by revising paragraph B. of

Union Slough National Wildlife Refuge; and by adding new paragraph B.3.

to Walnut Creek National Wildlife Refuge to read as follows:

Sec. 32.34 Iowa.

* * * * *

Union Slough National Wildlife Refuge

* * * * *

B. Upland Game Hunting. Hunting of upland game is permitted in

designated areas of the refuge subject to the following condition: Only

nontoxic shot may be used or possessed while hunting all permitted

birds, except wild turkeys (nontoxic shot regulation to be effective

starting with the 1996-97 hunting season). The possession and use of

lead shot is still permitted for wild turkey hunting.

* * * * *

Walnut Creek National Wildlife Refuge

* * * * *

B. Upland Game Hunting. * * *

3. All hunters must wear one or more of the following articles of

visible, external, solid blaze orange clothing: a vest, coat, jacket,

sweatshirt, sweater, shirt or coveralls.

* * * * *

13. Section 32.35 Kansas is amended by revising paragraphs B. and

C. of Flint Hills National Wildlife Refuge; and by revising paragraphs

A. and B. of Quivira National Wildlife Refuge to read as follows:

Sec. 32.35 Kansas.

* * * * *

Flint Hills National Wildlife Refuge

* * * * *

B. Upland Game Hunting. Hunting of upland game is permitted on

designated areas of the refuge subject to the following conditions:

1. Dogs may not be used for hunting furbearing animals or non-game

animals.

2. Hunters shall possess and use, while in the field, only nontoxic

shot or rimfire firearms (nontoxic shot regulation to be effective

starting with the 1996-97 hunting season).

C. Big Game Hunting. Hunting of big game is permitted on designated

areas of the refuge subject to the following conditions:

1. Only shotguns, muzzleloading firearms, or bow and arrow are

permitted except during controlled hunts.

2. Hunters shall possess and use, while in the field, only nontoxic

shot while shotgun hunting for turkey.

* * * * *

Quivira National Wildlife Refuge

A. Hunting of Migratory Game Birds. Hunting of geese, ducks, coots,

rails (Virginia and Sora only), mourning doves, and common snipe is

permitted on designated areas of the refuge subject to the following

condition: Nontoxic shot is required when hunting any game on the

refuge. The possession of lead shot in the field is prohibited.

B. Upland Game Hunting. Hunting of pheasant, bobwhite quail,

squirrel, and rabbit is permitted on designated areas of the refuge

subject to the following conditions:

1. The refuge is closed to all hunting from March 1 through August

31.

2. Squirrels and rabbits may only be hunted during the portion of

the Kansas seasons that fall outside the March 1 through August 31

closed period.

* * * * *

14. Section 32.36 Kentucky is amended by revising paragraph D.1. of

Reelfoot National Wildlife Refuge to read as follows:

Sec. 32.36 Kentucky.

* * * * *

Reelfoot National Wildlife Refuge

* * * * *

D. Short Fishing. * * *

1. Fishing is permitted on the Long Point Unit (north of Upper Blue

Basin) from March 15 through November 15 and on the Grassy Island Unit

(south of the Upper Blue Basin) from February 1 through November 15.

* * * * *

15. Section 32.37 Lousiana is amended by revising paragraphs A, B,

C, and D of Bayou Cocodrie National Wildlife Refuge; revising

paragraphs B., D.1., D.4. and removing paragraph D.5. of Catahoula

National Wildlife Refuge to read as follows:

Sec. 32.37 Louisiana.

* * * * *

Bayou Cocodrie National Wildlife Refuge

A. Hunting of Migratory Game Birds. Hunting of woodcock is

permitted on designated areas of the refuge subject to

[[Page 62043]]

the following conditions: Permits are required.

B. Upland Game Hunting. Hunting of squirrel, rabbit, raccoon,

opossum and coyote is permitted on designated areas of the refuge

subject to the following condition: Permits are required.

C. Big Game Hunting. Hunting of white-tailed deer is permitted on

designated areas of the refuge subject to the following conditions:

Permits are required.

D. Sport Fishing. [Reserved]

* * * * *

Catahoula National Wildlife Refuge

* * * * *

B. Upland Game Hunting. Hunting of raccoon, squirrel, rabbit, and

feral hogs is permitted on designated areas of the refuge subject to

the following condition: Permits are required.

* * * * *

D. Sport Fishing. * * *

1. Fishing is permitted from one hour before sunrise until one-half

hour after sunset. Only pole and line or rod and reel fishing is

permitted. Snagging is prohibited.

* * * * *

4. All other refuge waters, including Duck Lake, Muddy Bayou,

ditches, all outlet waters, and all flooded woodlands are open to

fishing and boating from March 1 through October 31.

* * * * *

16. Section 32.38 Maine is amended by revising paragraph B.2. of

Rachel Carson National Wildlife Refuge; and by revising paragraphs A.

and B. of Sunkhaze Meadows National Wildlife Refuge to read as follows:

Sec. 32.38 Maine.

* * * * *

Rachel Carson National Wildlife Refuge

* * * * *

B. Upland Game Hunting. * * *

2. Shotgun hunters will possess and use, while in the field, only

nontoxic shot (nontoxic shot regulation to be effective starting with

the 1996-97 hunting season).

* * * * *

Sunkhaze Meadows National Wildlife Refuge

A. Hunting of Migratory Game Birds. Hunting of migratory game birds

is permitted on designated areas of the refuge pursuant to State law.

B. Upland Game Hunting. Hunting of upland game is permitted on

designated areas of the refuge subject to the following condition:

Shotgun hunters will and possess and use, while in the field, only

nontoxic shot (nontoxic shot regulation to be effective starting with

the 1996-97 hunting season).

* * * * *

17. Section 32.39 Maryland is amended by adding new paragraph B.6.

to Patuxent Wildlife Research Center to read as follows:

Sec. 32.39 Maryland.

* * * * *

Patuxent Wildlife Research Center

* * * * *

B. Upland Game Hunting. * * *

6. Shotgun hunters will possess and use, while in the field, only

nontoxic shot (nontoxic shot regulation to be effective starting with

the 1996-97 hunting season).

* * * * *

18. Section 32.40 Massachusetts is amended by adding new paragraph

B.3. to Oxbow National Wildlife Refuge to read as follows:

Sec. 32.40 Massachusetts.

* * * * *

Oxbow National Wildlife Refuge

* * * * *

B. Upland Game Hunting. * * *

3. Hunters will possess and use, while in the field, only nontoxic

shot (nontoxic shot regulation to be effective starting with the 1996-

97 hunting season).

* * * * *

19. Section 32.42 Minnesota is amended by adding new paragraph B.1.

to Big Stone National Wildlife Refuge; by adding new paragraph B.3. to

Minnesota Valley National Wildlife Refuge; by revising paragraphs A.,

B., C., and D. of Morris Wetland Management District; by adding new

paragraphs A.1. and B.1. and revising paragraph C.4. of Rice Lake

National Wildlife Refuge; by adding new paragraphs A.5. and B.1. to

Sherburne National Wildlife Refuge; and by revising introductory

language of paragraph A. and revising paragraph B. of Tamarac National

Wildlife Refuge to read as follows:

Sec. 32.42 Minnesota.

* * * * *

Big Stone National Wildlife Refuge

* * * * *

B. Upland Game Hunting. * * *

1. Only nontoxic shot may be used or possessed while hunting for

partridge or ring-necked pheasant (nontoxic shot regulation to be

effective starting with the 1996-97 hunting season).

* * * * *

Minnesota Valley National Wildlife Refuge

* * * * *

B. Upland Game Hunting. * * *

3. Only nontoxic shot may be used or possessed while hunting for

ring-necked pheasant (nontoxic shot regulation to be effective starting

with the 1996-97 hunting season).

* * * * *

Morris Wetland Management District

A. Hunting of Migratory Game Birds. Hunting of migratory game birds

is permitted throughout the district.

B. Upland Game Hunting. Upland game hunting is permitted throughout

the district.

C. Big Game Hunting. Big game hunting is permitted throughout the

district.

D. Sport Fishing. Sport fishing is permitted throughout the

district.

Rice Lake National Wildlife Refuge

A. Hunting of Migratory Game Birds * * *

1. Shotgun hunters may only use or possess nontoxic shot while

hunting migratory game birds.

B. Upland Game Hunting. * * *

1. Shotgun hunters may only use or possess nontoxic shot while

hunting upland game species (nontoxic shot regulation to be effective

starting with the 1996-97 hunting season).

C. Big Game Hunting. * * *

4. Hunting of deer on the Rice Lake Unit is by firearm and archery;

hunting on the Sandstone Unit is by archery only.

* * * * *

Sherburne National Wildlife Refuge

* * * * *

A. Hunting of Migratory Game Birds. * * *

5. Shotgun hunters may use or possess only nontoxic shot while

hunting for migratory game birds.

B. Upland Game Hunting. * * *

1. Shotgun hunters may use or possess only nontoxic shot while

hunting for all upland game species (nontoxic shot regulation to be

effective starting with the 1996-97 hunting season).

* * * * *

Tamarac National Wildlife Refuge

A. Hunting of Migratory Game Birds. Hunting of geese, ducks, coots,

woodcock and snipe is permitted on designated areas of the refuge

subject to the following conditions:

* * * * *

B. Upland Game Hunting. Hunting of ruffed grouse, gray and fox

squirrel,

[[Page 62044]]

cottontail rabbit, jackrabbit, snowshoe hare, red fox, raccoon, and

striped skunk is permitted on designated areas of the refuge subject to

the following conditions:

1. Hunting by tribal members is in accordance with White Earth

Indian Reservation regulations on those parts of the Reservation that

are part of the refuge.

2. Red fox, raccoon, and striped skunk may be hunted only from one-

half hour before sunrise until sunset during open seasons for other

small game species. Dogs may not be used for fox or raccoon hunting.

* * * * *

20. Section 32.45 Montana is amended by revising paragraph B. of

Black Coulee National Wildlife Refuge; by adding paragraph B.3. to

Bowdoin National Wildlife Refuge; by revising paragraph B. of Lake

Mason National Wildlife Refuge; by revising paragraphs A., C., and D.

of Lee Metcalf National Wildlife Refuge; and by revising paragraph B.

of Warhorse National Wildlife Refuge to read as follows:

Sec. 32.45 Montana.

* * * * *

Black Coulee National Wildlife Refuge

* * * * *

B. Upland Game Hunting. Hunting of upland game is permitted on

designated areas of the refuge subject to the following condition:

Hunters shall possess and use, while in the field, only nontoxic shot

(nontoxic shot regulation to be effective starting with the 1996-97

hunting season).

* * * * *

Bowdoin National Wildlife Refuge

* * * * *

B. Upland Game Hunting. * * *

3. Hunters shall possess and use, while in the field, only nontoxic

shot (nontoxic shot regulation to be effective starting with the 1996-

97 hunting season).

* * * * *

Lake Mason National Wildlife Refuge

* * * * *

B. Upland Game Hunting. Hunting of upland game is permitted on

designated areas of the refuge subject to the following condition:

Hunters shall possess and use, while in the field, only nontoxic shot

(nontoxic shot regulation to be effective starting with the 1996-97

hunting season).

* * * * *

Lee Metcalf National Wildlife Refuge

A. Hunting of Migratory Game Birds. Hunting of geese, ducks and

coots is permitted on designated areas of the refuge subject to the

following conditions:

1. Hunters may not use or possess more than 15 shells per day.

2. Shooting is permitted only from or within 10 feet of designated

blinds.

3. Maximum of 5 hunters per blind.

4. Hunters are required to record hunt information at Hunter Access

Points.

* * * * *

C. Big Game Hunting. Hunting of white-tailed deer and mule deer is

permitted on designated areas of the refuge subject to the following

conditions:

1. Only archery hunting is permitted.

2. Hunters are required to enter and exit and record hunt

information at Hunter Access Points.

3. Deer stands left on the refuge must be identified with a name

and address and be accessible to other hunters.

4. Deer may not be retrieved from closed areas without prior

consent from the refuge staff.

D. Sport Fishing. Fishing is permitted on designated areas of the

refuge. All fishing is pursuant to State law.

* * * * *

Warhorse National Wildlife Refuge

* * * * *

B. Upland Game Hunting. Hunting of upland game birds is permitted

on designated areas of the refuge subject to the following condition:

Hunters shall possess and use, while in the field, only nontoxic shot

(nontoxic shot regulation to be effective starting with the 1996-97

hunting season).

* * * * *

21. Section 32.46 Nebraska is amended by revising the alphabetical

listing of North Platte National Wildlife Refuge to read as follows:

Sec. 32.46 Nebraska.

* * * * *

North Platte National Wildlife Refuge

A. Hunting of Migratory Game Birds. [Reserved]

B. Upland Game Hunting. [Reserved]

C. Big Game Hunting. [Reserved]

D. Sport Fishing. Sport fishing is allowed on designated areas of

the refuge pursuant to State law.

* * * * *

22. Section 32.47 Nevada is amended by revising paragraphs A. of

Ash Meadows National Wildlife Refuge; revising paragraph C. of Desert

National Wildlife Refuge; revising paragraphs A. of Pahranagat National

Wildlife Refuge; and revising paragraphs A. of Ruby Lake National

Wildlife Refuge to read as follows:

Sec. 32.47 Nevada.

* * * * *

Ash Meadows National Wildlife Refuge

A. Hunting of Migratory Game Birds. Hunting of geese, ducks, coots,

moorhens, snipe, and doves is permitted on designated areas of the

refuge.

* * * * *

Desert National Wildlife Refuge

* * * * *

C. Big Game Hunting. Hunting of bighorn sheep is permitted on

designated areas of the range subject to the following conditions:

1. Bighorn sheep guides are required to obtain a Special Use Permit

prior to taking clients onto the range.

2. Natural bighorn sheep mortality (pick-up heads) found on the

range are government property and possession or removal of them from

the range is not permitted.

* * * * *

Pahranagat National Wildlife Refuge

A. Hunting of Migratory Game Birds. Hunting of geese, ducks, coots,

moorhens, snipe, and mourning doves is permitted on designated areas of

the refuge subject to the following conditions;

1. Only nonmotorized boats or other motorless flotation devices are

permitted on the refuge hunting area during the migratory waterfowl

hunting season.

2. Hunting of waterfowl, coots, and moorhens is permitted only on

the opening weekend and Tuesday, Thursday, and Saturday throughout the

remainder of the season.

* * * * *

Ruby Lake National Wildlife Refuge

A. Hunting of Migratory Game Birds. Hunting of geese, ducks, coots,

moorhens, and snipe is permitted on designated areas of the refuge.

* * * * *

23. Section 32.49 New Jersey is amended by adding paragraph A.7 to

Edwin B. Forsythe National Wildlife Refuge to read as follows:

Sec. 32.49 New Jersey.

* * * * *

Edwin B. Forsythe National Wildlife Refuge

A. Hunting of Migratory Game Birds. * * *

7. Shotgun hunters will possess and use, while in the field, only

nontoxic shot.

* * * * *

24. Section 32.50 New Mexico is amended by adding paragraphs A.5

and

[[Page 62045]]

6; revising paragraphs B.; and revising paragraph C. to Bitter Lake

National Wildlife Refuge to read as follows:

Sec. 32.50 New Mexico.

* * * * *

Bitter Lake National Wildlife Refuge

A. Hunting of Migratory Game Birds. * * *

5. Hunting in Hunt Area B is permitted on all days within the State

authorized season.

6. Hunting in Hunt Area C is permitted from mid-October through the

end of January, on Tuesday, Thursday, and Saturday of each week from

one-half hour before sunrise to 1 p.m. Dove hunting is prohibited in

Hunt Area C.

B. Upland Game Hunting. Hunting of pheasant, quail, cottontail, and

jack rabbits is permitted on designated areas of the refuge subject to

the following conditions:

1. Hunters shall possess and use, while in the field, only nontoxic

shot.

2. Hunting in Hunt Area B is permitted on all days within the State

authorized seasons.

3. The hunting of rabbit and quail is prohibited in Hunt Area C.

C. Big Game Hunting. Hunting of mule deer and white-tailed deer is

permitted on designated areas of the refuge.

* * * * *

25. Section 32.51 New York is amended by adding new paragraph B.4.

to Iroquois National Wildlife Refuge to read as follows:

Sec. 32.51 New York.

* * * * *

Iroquois National Wildlife Refuge

* * * * *

B. Upland Game Hunting * * *

4. Shotgun hunters will possess and use, while in the field, only

nontoxic shot (nontoxic shot regulation to be effective starting with

the 1996-97 hunting season).

* * * * *

26. Section 32.52 North Carolina is amended by revising paragraph

D.1. of Pee Dee National Wildlife Refuge; and by revising introductory

language of paragraph B., revising paragraph C.2., and adding new

paragraphs B.7., B.8., C.8. and C.9. to Pocosin Lakes National Wildlife

Refuge to read as follows:

Sec. 32.52 North Carolina.

* * * * *

Pee Dee National Wildlife Refuge

* * * * *

D. Sport Fishing. * * *

1. Fishing is permitted from March 15 thru October 15.

* * * * *

Pocosin Lakes National Wildlife Refuge

* * * * *

B. Upland Game Hunting. Hunting of quail, squirrel, raccoon,

opossum, rabbit, and fox is permitted on designated areas of the refuge

subject to the following conditions: * * *

7. Hunters shall use only shotguns and/or 22 caliber rim-fire

rifles for upland game hunts.

8. Hunters shall possess and use, while in the field, only nontoxic

shot on designated areas of the refuge (nontoxic shot regulation to be

effective starting with the 1996-97 hunting season).

C. Big Game Hunting. * * *

2. Only shotguns, muzzle-loaders, and bow and arrow are allowed for

big game hunts.

* * * * *

8. Archery hunting on the Pungo Unit is permitted during the

regular State archery season and from November 1 through 30. State bag

limits apply.

9. Shotgun, muzzle-loaders, and bow and arrow are permitted on the

Pungo Unit subject to the following condition: Permits are required.

* * * * *

27. Section 32.53 North Dakota is amended by revising paragraph B.

of Arrowwood National Wildlife Refuge; by revising paragraphs B., C.1.,

C.2., and adding paragraphs C.3. through C.7. inclusive to Audubon

National Wildlife Refuge; by adding paragraph B.3. to J. Clark Salyer

National Wildlife Refuge; by revising paragraph B. of Lake Alice

National Wildlife Refuge; by revising paragraph C. of Lake Nettie

National Wildlife Refuge; by revising paragraphs B., C., and D. of Long

Lake National Wildlife Refuge; by adding paragraph B.3. to Lostwood

National Wildlife Refuge; by revising paragraph C. of Slade National

Wildlife Refuge; and by revising paragraphs B. and C. of Tewaukon

National Wildlife Refuge to read as follows:

Sec. 32.53 North Dakota.

* * * * *

Arrowwood National Wildlife Refuge

* * * * *

B. Upland Game Hunting. Hunting of pheasant, sharp-tailed grouse,

partridge, rabbit and fox is permitted on designated areas of the

refuge subject to the following conditions:

1. Hunting is permitted from December 1st through the end of the

regular seasons.

2. Hunters shall possess and use, while in the field, only nontoxic

shot (nontoxic shot regulation to be effective starting with the 1996-

97 hunting season).

* * * * *

Audubon National Wildlife Refuge

* * * * *

B. Upland Game Hunting. Hunting of ring-necked pheasants, gray

partridge and sharp-tailed grouse is permitted on designated areas of

the refuge subject to the following conditions:

1. Hunting is permitted from December 1 until the close of the

State season.

2. Only nontoxic shot is permitted for upland game hunting

(nontoxic shot regulation to be effective starting with the 1996-97

hunting seasons).

3. All islands are closed to hunting.

4. Vehicle use is restricted to the tour route road only.

C. Big Game Hunting. * * *

1. Rifle and muzzleloader deer hunting opens according to State

regulations.

2. Refuge and State permits are required for the first one and one-

half days of the State rifle season.

3. Orange clothing is required for deer hunters as per State

regulations.

4. Hunting with bow and arrow is permitted only the day following

the close of the State deer firearms season through the close of the

State archery season.

5. All islands are closed to hunting.

6. All refuge roads are closed for use by rifle deer hunters except

for retrieval of deer.

7. Muzzleloader and archery deer hunters may use the auto tour

route for access during the hunt and all roads for retrieval of deer.

* * * * *

J. Clark Salver National Wildlife Refuge

* * * * *

B. Upland Game Hunting. * * *

3. Hunters shall possess and use, while in the field, only nontoxic

shot (nontoxic shot regulation to be effective starting with the 1996-

97 hunting season).

* * * * *

Lake Alice National Wildlife Refuge

* * * * *

B. Upland Game Hunting. Hunting of upland game and fox is permitted

on designated areas of the refuge subject to the following condition:

Hunters shall possess and use, while in the field, only nontoxic shot

(nontoxic shot regulation to be effective starting with the 1996-97

hunting season).

* * * * *

[[Page 62046]]

Lake Native National Wildlife Refuge

* * * * *

C. Big Game Hunting. Hunting of white-tailed deer is permitted on

designated areas of the refuge subject to the following conditions:

1. Deer hunting with rifle and muzzleloader is subject to all State

regulations and license units.

2. Deer archery hunting is open the day following the close of the

rifle deer hunting season through the close of the State archery

season.

* * * * *

Long Lake National Wildlife Refuge

* * * * *

B. Upland Game Hunting. Hunting of ring-necked pheasant, sharp-

tailed grouse and gray partridge is permitted on designated areas of

the refuge subject to the following conditions:

1. Only steel shot may be used (nontoxic shot regulation to be

effective starting with the 1996-97 hunting season).

2. Upland gamebird season is from December 1 through the end of the

State season.

C. Big Game Hunting. Hunting of deer only is permitted on

designated areas of the refuge subject to the following conditions:

1. Hunters must enter the refuge on foot only.

2. Archery hunting is not allowed during the firearm deer season.

D. Sport Fishing. Fishing is permitted on designated areas of the

refuge subject to the following conditions:

1. Bank fishing is restricted to public use areas on Unit 1, Unit

2, and Long Lake Creek.

2. Boat fishing is restricted to Unit 1.

3. Boats are restricted to 25 HP maximum.

4. Boats are restricted to the period from May 1 through September

30.

5. Ice fishing is restricted to Unit 1.

6. Ice houses must be removed by March 1 annually.

Lostwood National Wildlife Refuge

* * * * *

B. Upland Game Hunting. * * *

3. Hunters shall possess and use, while in the field, only nontoxic

shot (nontoxic shot regulation to be effective starting with the 1996-

97 hunting season).

* * * * *

Slade National Wildlife Refuge

* * * * *

C. Big Game Hunting. Deer hunting is permitted on designated areas

of the refuge subject to the following conditions:

1. Hunters may enter the refuge on foot only.

2. Archery hunting is not allowed during the firearm deer season.

* * * * *

Tewaukon National Wildlife Refuge

* * * * *

B. Upland Game Hunting. Hunting of ring-necked pheasant is

permitted on designated areas of the refuge.

C. Big Game Hunting. Hunting of white-tailed deer is permitted on

designated areas of the refuge.

* * * * *

28. Section 32.55 Oklahoma is amended by revising paragraphs C. and

D.4. of Wichita Mountains Wildlife Refuge to read as follows:

Sec. 32.55 Oklahoma.

* * * * *

Wichita Mountains National Wildlife Refuge

* * * * *

C. Big Game Hunting. Hunting of elk and white-tailed deer is

permitted on designated areas of the refuge subject to the following

condition: Permits and payment of a fee are required.

D. Sport Fishing. * * *

4. Lake Elmer Thomas is open to fishing. Bass fishing on Lake Elmer

Thomas is restricted to catch and release.

* * * * *

29. Section 32.56 Oregon is amended by revising paragraphs A.1.,

A.2., A.5., B., D.1., D.3., and removing paragraphs A.6., A.7., B.5.,

and D.5. of Cold Springs National Wildlife Refuge; by revising

paragraphs A.2. and B.1. of Malheur National Wildlife Refuge; by

revising paragraphs A.1., A.2., A.4., A.5., A.6., B., D.1., and D.2.,

and adding new paragraph D.3., and removing paragraph A.7. of McKay

Creek National Wildlife Refuge; and by revising paragraphs A.1., A.4.,

A.5., revising introductory language of paragraph B., revising

paragraphs B.1., B.3., B.4., B.5., D.1. through D.4. inclusive, and

removing paragraphs A.6. through A.8. inclusive of Umatilla National

Wildlife Refuge to read as follows:

Sec. 32.56 Oregon.

* * * * *

Cold Springs National Wildlife Refuge

A. Hunting of Migratory Game Birds. * * *

1. The refuge is open from 5 a.m. to one and one-half hours after

sunset. Decoys and other personal property may not be left on the

refuge overnight.

2. Hunting is permitted only on Tuesdays, Thursdays, Saturdays,

Thanksgiving Day, Christmas Day and New Year's Day.

* * * * *

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

B. Upland Game Hunting. Hunting of pheasant, chukar, Hungarian

partridge, and quail is permitted on designated areas of the refuge

subject to the following conditions:

1. The refuge is open from 5 a.m. to one and one-half hours after

sunset.

2. Hunting is permitted only on Tuesdays, Thursdays, Saturdays,

Thanksgiving Day, Christmas Day and New Year's Day.

3. Hunters shall possess and use, while in the field, only nontoxic

shot (nontoxic shot regulation to be effective starting with the 1996-

97 hunting season).

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

* * * * *

D. Sport Fishing. * * *

1. Use of non-motorized boats and boats with electric motors is

permitted from March 1 through September 30.

* * * * *

3. Fishing is permitted only with hook and line.

* * * * *

Malheur National Wildlife Refuge

A. Hunting of Migratory Game Birds. * * *

2. Snipe and dove hunters shall possess and use, while in the

field, only nontoxic shot.

B. Upland Game Hunting. * * *

1. Hunting of pheasant, quail, partridge, and rabbit is permitted

from the third Saturday in November to the end of the State pheasant

season in designated zones of the Blitzen Valley east of Highway 205.

Hunting is also permitted on Malheur Lake during the waterfowl hunting

season.

* * * * *

McKay Creek National Wildlife Refuge

A. Hunting of Migratory Game Birds. * * *

1. The refuge is open from 5 a.m. to one and one-half hours after

sunset. Decoys and other personal property may not be left on the

refuge overnight.

2. Hunting is permitted only on Tuesdays, Thursdays and Saturdays,

Thanksgiving Day, Christmas and New Year's Day.

* * * * *

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

5. Permits are required for the opening weekend of the season when

it coincides with the season opening for upland game birds.

[[Page 62047]]

6. The use of boats is prohibited.

B. Upland Game Hunting. Hunting of pheasant, chukar, Hungarian

partridge, and quail is permitted on designated areas of the refuge

subject to the following conditions:

1. The refuge is open from 5 a.m. to one and one-half hours after

sunset.

2. Hunting is permitted only on Tuesdays, Thursdays, Saturdays,

Thanksgiving Day, Christmas Day and New Year's Day.

3. Hunters shall possess and use, while in the field, only nontoxic

shot (nontoxic shot regulation to be effective starting with the 1996-

97 hunting season).

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

5. Permits are required for the opening weekend of the season.

* * * * *

D. Sport Fishing. * * *

1. The refuge is open from 5 a.m. to one and one-half hours after

sunset.

2. Fishing permitted from March 1 through September 30.

3. Fishing is permitted only with hook and line.

* * * * *

Umatilla National Wildlife Refuge

A. Hunting of Migratory Game Birds. * * *

1. The refuge is open from 5 a.m. to one and one-half hours after

sunset except for the Hunter Check Station parking lot at the McCormack

Unit which is open each morning two hours prior to State shooting hours

for waterfowl. Decoys, boats and other personal property must be

removed from the refuge following each day's hunt.

* * * * *

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

5. Permits are required for hunting on the McCormack Unit.

B. Upland Game Hunting. Hunting of pheasant, chukar, Hungarian

partridge, and quail is permitted on designated areas of the refuge

subject to the following conditions:

1. Hunting of upland game birds is not allowed until noon of each

hunt day.

* * * * *

3. Hunters shall possess and use, while in the field, only nontoxic

shot (nontoxic shot regulation to be effective starting with the 1996-

97 hunting season).

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

5. Permits are required for hunting on the McCormack Unit.

* * * * *

D. Sport Fishing. * * *

1. The refuge is open from 5 a.m. to one and one-half hours after

sunset.

2. Fishing is permitted on refuge impoundments and ponds from

February 1 through September 30. Other refuge waters (Columbia River

and its backwaters) are open in accordance with State regulations.

3. Only non-motorized boats and boats with electric motors are

permitted on refuge impoundments and ponds.

4. Fishing is permitted only with hook and line.

* * * * *

30. Section 32.57 Pennsylvania is amended by adding new paragraph

B.5. to Erie National Wildlife Refuge to read as follows:

Sec. 32.57 Pennsylvania.

* * * * *

Erie National Wildlife Refuge

* * * * *

B. Upland Game Hunting. * * *

5. Shotgun hunters will possess and use, while in the field, only

nontoxic shot (nontoxic shot regulation to be effective starting with

the 1996-97 hunting season).

* * * * *

31. Section 32.60 South Carolina is amended by revising paragraph

A. of Santee National Wildlife Refuge to read as follows:

Sec. 32.60 South Carolina.

* * * * *

Santee National Wildlife Refuge

A. Hunting of Migratory Game Birds. Hunting of mourning doves,

ducks, and coots is permitted on designated areas of the refuge subject

to the following condition: Permits are required.

* * * * *

32. Section 32.61 South Dakota is amended by revising paragraph B.

of Pocasse National Wildlife Refuge to read as follows:

Sec. 32.61 South Dakota.

* * * * *

Pocasse National Wildlife Refuge

* * * * *

B. Upland Game Hunting. Hunting of pheasant is permitted on

designated areas of the refuge subject to the following condition:

Hunters shall possess and use, while in the field, only nontoxic shot

(nontoxic shot regulation to be effective starting with the 1996-97

hunting season).

* * * * *

33. Section 32.62 Tennessee is amended by revising paragraph D.1.

of Cross Creeks National Wildlife Refuge; and by revising introductory

language of paragraph D. and revising paragraph D.1. of Lake Isom

National Wildlife Refuge to read as follows:

Sec. 32.62 Tennessee.

* * * * *

Cross Creeks National Wildlife Refuge

* * * * *

D. Sport Fishing. * * *

1. Fishing is permitted on refuge pools and reservoirs from March

15 through October 31 from sunrise to sunset.

* * * * *

Lake Isom National Wildlife Refuge

* * * * *

D. Sport Fishing. Fishing is permitted on designated areas of the

refuge subject to the following conditions:

1. Fishing is permitted from March 15 through October 15 only from

sunrise to sunset.

* * * * *

34. Section 32.64 Utah is amended by revising paragraph B. of Ouray

National Wildlife Refuge to read as follows:

Sec. 32.64 Utah.

* * * * *

Ouray National Wildlife Refuge

* * * * *

B. Upland Game Hunting. Hunting of pheasant is permitted on

designated areas of the refuge subject to the following condition:

Hunters shall possess and use, while in the field, only nontoxic shot

(nontoxic shot regulation to be effective starting with the 1996-97

hunting season).

* * * * *

35. Section 32.65 Vermont is amended by revising paragraphs B.1.

and B.2., and adding new paragraphs B.3, B.4., C.3. and C.4. to

Missisquoi National Wildlife Refuge to read as follows:

Sec. 32.65 Vermont.

* * * * *

Missisquoi National Wildlife Refuge

* * * * *

B. Upland Game Hunting. * * *

1. All hunters must register at Refuge Headquarters prior to

hunting on the refuge.

2. The use of rifles is not permitted on that portion of the refuge

lying east of the Mississippi River.

3. Hunting is not permitted from January 1 through August 31.

4. Shotgun hunters will possess and use, while in the field, only

nontoxic shot (nontoxic shot regulation to be effective starting with

the 1996-97 hunting season).

[[Page 62048]]

C. Big Game Hunting. * * *

3. All hunters must register at Refuge Headquarters prior to

hunting on the refuge.

4. Only portable tree stands are allowed. Unattended tree stands

are prohibited.

* * * * *

36. Section 32.66 Virginia is amended by adding paragraph A.8 to

Chincoteague National Wildlife Refuge to read as follows:

* * * * *

Sec. 32.66 Virginia.

* * * * *

Chincoteague National Wildlife Refuge

A. Hunting of Migratory Game Birds. * * *

8. Shotgun hunters will possess and use, while in the field, only

nontoxic shot.

* * * * *

37.1 Section 32.67 Washington is amended by revising paragraphs A.2

through A.7. inclusive, removing paragraph A.8., revising introductory

language of paragraph B., revising paragraphs B.1. and D., and adding

paragraphs B.4., B.5., and B.6. to McNary National Wildlife Refuge; by

revising paragraphs A.1., A.2., A.3., B., and adding new paragraph A.4.

to Toppenish National Wildlife Refuge; and by revising paragraphs A.3.,

A.4., A.5., introductory language of paragraphs B., B.1., B.3., and D.,

and removing paragraph A.6. of Umatilla National Wildlife Refuge to

read as follows:

Sec. 32.67 Washington.

* * * * *

McNary National Wildlife Refuge

A. Hunting of Migratory Game Birds. * * *

2. The refuge is open from 5 a.m. to one and one-half hours after

sunset. Decoys and other personal property may not be left on the

refuge overnight.

3. Hunting is permitted only Wednesdays, Saturdays, Sundays,

Thanksgiving Day, Christmas Day, and New Year's Day.

4. Hunters in the marked hunt site area of the McNary Division must

hunt within fifty (50) feet of designated blind sites except when

shooting to retrieve crippled birds.

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

6. On the first Saturday in December, only youth aged 10-17 and an

accompanying adult aged 18 or over may hunt.

7. The furthest downstream island (Columbia River mile 341-343) in

the Hanford Islands Division is closed to hunting.

B. Upland Game Hunting. Hunting of pheasant is permitted on

designated areas of the refuge subject to the following conditions:

1. Hunting is not allowed until noon of each hunt day.

* * * * *

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

5. On the first Saturday in December, only youth aged 10-17 and an

accompanying adult aged 18 or over may hunt.

6. The furthest downstream island (Columbia River mile 341-343) in

the Hanford Islands Division is closed to hunting.

* * * * *

D. Sport Fishing. Fishing is permitted on designated areas of the

McNary Division subject to the following conditions:

1. The refuge is open from 5 a.m. to one and one-half hours after

sunset.

2. Fishing is permitted from February 1 through September 30.

3. The use of boats and other floatation devices is not permitted.

4. Fishing is permitted only with hook and line.

* * * * *

Toppenish National Wildlife Refuge

A. Hunting of Migratory Game Birds. * * *

1. The refuge is open from 5 a.m. to one and one-half hours after

sunset. Decoys and other personal property may not be left on the

refuge overnight.

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

3. Hunters in the marked hunt site areas must hunt within fifty

(50) feet of designated blind sites except when shooting to retrieve

crippled birds.

4. On the first Saturday in December, only youth aged 10-17 and an

accompanying adult aged 18 or over may hunt.

B. Upland Game Hunting. Hunting of pheasant and quail is permitted

on designated areas of the refuge subject to the following conditions:

1. Hunting of upland game birds is not allowed until noon of each

hunt days.

2. Hunters shall possess and use, while in the field, only nontoxic

shot (nontoxic shot regulation to be effective starting with the 1996-

97 hunting season).

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

4. On the first Saturday in December, only youth aged 10-17 and an

accompanying adult aged 18 or over may hunt.

* * * * *

Umatilla National Wildlife Refuge

A. Hunting of Migratory Game Birds. * * *

3. The refuge is open from 5 a.m. to one and one-half hours after

sunset. Decoys, boats, and other personal property may not be left on

the refuge overnight.

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

5. Digging or hunting from pit blinds is prohibited.

B. Upland Game Hunting. Hunting of pheasant, chukar, Hungarian

partridge, and quail is permitted on designated areas of the refuge

subject to the following conditions:

1. Hunting of upland game birds is not allowed until noon of each

hunt day.

* * * * *

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

D. Sport Fishing. Fishing is permitted on designated areas of the

refuge subject to the following conditions:

1. The refuge is open from 5 a.m. to one and one-half hours after

sunset.

2. Fishing is permitted on refuge impoundments and ponds from

February 1 through September 30. Other refuge waters (Columbia River

and its backwaters) are open in accordance with State regulations.

3. Fishing is permitted only with hook and line.

* * * * *

38. Section 32.68 West Virginia is amended by adding new paragraph

B.4. to Ohio River Islands National Wildlife Refuge to read as follows:

Sec. 32.68 West Virginia.

* * * * *

Ohio River Islands National Wildlife Refuge

* * * * *

B. Upland Game Hunting. * * *

4. Hunters will possess and use, while in the field, only nontoxic

shot (nontoxic shot regulation to be effective starting with the 1996-

97 hunting season).

* * * * *

39. Section 32.69 Wisconsin is amended by adding new paragraph B.1.

to Horicon National Wildlife Refuge to read as follows:

Sec. 32.69 Wisconsin.

* * * * *

Horicon National Wildlife Refuge

* * * * *

[[Page 62049]]

B. Upland Game Hunting. * * *

1. Shotgun hunters may use or possess only nontoxic shot while

hunting upland game species.

* * * * *

40. Section 32.70 Wyoming is amended by revising paragraph B. of

Pathfinder National Wildlife Refuge; and by revising paragraph B. of

Seedskadee National Wildlife Refuge to read as follows:

Sec. 32.70 Wyoming.

* * * * *

Pathfinder National Wildlife Refuge

* * * * *

B. Upland Game Hunting. Hunting of sage grouse and cottontail

rabbit is permitted on designated areas of the refuge subject to the

following condition: Hunters shall possess and use, while in the field,

only nontoxic shot.

* * * * *

Seedskadee National Wildlife Refuge

* * * * *

B. Upland Game Hunting. Hunting of sage grouse and cottontail

rabbit is permitted on designated areas of the refuge subject to the

following condition: Hunters shall possess and use, while in the field,

only nontoxic shot.

* * * * *

Dated: October 20, 1995.

George T. Frampton, Jr.,

Assistant Secretary for Fish and Wildlife and Parks.

[FR Doc. 95-29099 Filed 12-1-95; 8:45 am]

BILLING CODE 4310-55-M