1996-97 Refuge-Specific Hunting and Sport Fishing Regulations

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 32

RIN 1018-AD76

1996-97 Refuge-Specific Hunting and Sport Fishing Regulations

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Final rule.

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SUMMARY: The Fish and Wildlife Service (Service) amends certain

regulations that pertain to migratory game bird hunting, upland game

hunting, big game hunting and sport fishing on individual national

wildlife refuges for the 1996-97 seasons. Refuge hunting and fishing

programs are reviewed annually to determine whether the individual

refuge regulations governing these programs should be modified, deleted

or have additions made to them. Changing environmental conditions,

State and Federal regulations, and other factors affecting wildlife

populations and habitat may warrant modifications

[[Page 46391]]

ensuring continued compatibility of hunting and fishing with the

purposes for which individual refuges were established. The Service

determines that such use is compatible with the purposes for which

these refuges were established. The Service further determines that

this action is in accordance with the provisions of all applicable

laws, is consistent with principles of sound fish and wildlife

management, and is otherwise in the public interest by providing

additional recreational opportunities at national wildlife refuges.

EFFECTIVE DATE: This rule is effective September 3, 1996.

FOR FURTHER INFORMATION CONTACT: Stephen R. Vehrs, (703) 358-2397.

SUPPLEMENTARY INFORMATION: 50 CFR part 32 contains provisions governing

hunting and fishing on national wildlife refuges. Hunting and fishing

are regulated on refuges to:

Ensure compatibility with refuge purposes;

Properly manage the fish and wildlife resource;

Protect other refuge values; and

Ensure refuge user safety.

On many refuges, the Service policy of adopting State hunting and

fishing 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

``Statutory Authority.'' Refuge-specific hunting and fishing

regulations may be issued only after a wildlife refuge is opened to

migratory game bird hunting, upland 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 are

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.

Text in this final rule is somewhat different than that used in the

proposed rule because it reflects conformity to plain English writing

standards. In the June 24, 1996, issue of the Federal Register (61 FR

32415-32422) the Service published a proposed rulemaking containing a

description of the refuges, their proposed hunting and/or fishing

programs and invited public comment.

The State of New Jersey, Department of Environmental Protection,

Division of Fish, Game and Wildlife, commented that the proposed rule

did not include any openings for sport fishing in New Jersey. This

concern has been forwarded to the Service's Regional Director, having

jurisdiction in New Jersey. To open new fishing programs in New Jersey,

a separate rulemaking is necessary. The refuge managers, in

consultation with other Fish and Wildlife Service offices and the New

Jersey Division of Fish, Game and Wildlife, will determine whether to

open additional public fishing areas on refuges in New Jersey through a

compatible use determination process.

The State of Utah, Department of Natural Resources, Division of

Wildlife Resources commented that the proposed regulations for Bear

River Migratory Bird Refuge were overly restrictive regarding: (1) The

requirement for cased or dismantled firearms while being carried and/or

transported on the refuge, since this regulation is more restrictive

than State law; (2) refuge closure 90 minutes after hunting hours,

where at least two hours should be allowed; and (3) a ten-shell limit

for swan hunting could create a significant law enforcement problem.

The Humane Society of the United States (HSUS) generally supports

the changes made to the refuge regulations, but expressed concern about

hunting tundra swans on this refuge and other national wildlife

refuges. They were supportive of steps taken by the refuge manager to

better regulate the swan hunt. The HSUS further recommends that the

number of shotshells used to hunt swans be limited to five shells.

The Fund for Animals Inc. commented on the proposed 1995-96 late

season migratory bird hunting frameworks, 60 FR 44463 (August 28,

1995), and the Draft Bear River Refuge Hunt Plan Environmental

Assessment (DEA). Both of these documents follow a separate public

comment process and therefore will be responded to elsewhere and not

addressed in this rulemaking.

The Biodiversity Legal Foundation (BLF) commented that regulations

for Bear River Migratory Bird Refuge are insufficient to protect and

encourage adequate restoration of the trumpeter swan in Utah. They

specifically recommend: (1) The refuge be closed 60 minutes after

shooting time to discourage sky-busting and the resultant crippling of

swans. They feel this is more than sufficient time to accumulate all

equipment and depart from the refuge; (2) illegal shooting from dikes

is well documented and the Service should take all necessary steps to

eliminate this activity, particularly on those areas that lie between

closed (security) areas where low flying trumpeters are observed; and

(3) the Service should consider the kind of regulations and recovery

effects that would exist if the trumpeter were listed under the ESA.

They suggest that these same recovery goals should be in effect at this

time; and refuge regulations clearly allow for an excessive and

unreasonable incidental take (mortality) of trumpeters in contradiction

to the Migratory Bird Treaty Act.

The Service has reviewed the above comments regarding proposed

changes in waterfowl hunting regulations at the Bear River Migratory

Bird Refuge. A number of alternatives were considered while trying to

improve the swan hunt with a minimum impact to waterfowlers and

birdwatchers. The Service considered: assigning blinds; limiting hunter

numbers; closing portions of the Refuge to swan hunting; requiring

check-in and check-out; limiting shooting hours and requiring swan

hunters to pass a special training class.

The requirement for all guns, when not being used in the act of

hunting, to be dismantled or cased when in vehicles is a System-wide

regulation contained in 50 CFR 27.42(b), therefore, the proposed refuge

specific regulation for Bear River is removed from this final rule.

The Service will extend the refuge closing time from the proposed

ninety minutes to two hours after shooting time ends. This will allow

adequate time for avid hunters with decoys to traverse remote areas of

the refuge during darkness. However, we remain concerned with the

possibility of increased wildlife disturbance, lost or injured hunters

and those who may avoid being checked by enforcement officers. Refuge

patrol plans will be made to specifically address these issues.

The Service feels it is important to retain the regulation

requiring a 10-shell possession limit for swan hunting. Hunters may

reasonably expect to be successful within this 10-shell limit. This

technique has worked well at other refuges, along with modified law

enforcement techniques, to minimize shooting at out-of-range birds.

In an effort to improve the overall quality of refuge visits for

both hunters and birdwatchers, time and space zoning will be used to

better separate the two activities.

The Refuge Manager understands the above concerns about hunting at

the

[[Page 46392]]

Bear River NWR, and will continue to consult with representatives of

the Utah Division of Wildlife Resources, The Humane Society of the

United States, The Fund for Animals, Inc. and the Biodiversity Legal

Foundation. The Refuge Manager will closely monitor this year's hunt

program and has ample authority to place greater restrictions, amend,

and/or relax these refuge specific hunting requirements during the

course of the season with local, public/hunter notice in accordance

with 50 CFR,32.3(f).

This rule is effective upon publication. The Service has determined

that any further delay in the implementation of these refuge-specific

hunting and sport fishing regulations would not be in the public

interest in that it would hinder the effective planning and

administration of the hunting and fishing programs. The Service

received public comment on these proposals during the 30-day comment

period and delay of an additional 30 days would jeopardize holding the

hunting and/or fishing programs this year, or shorten their duration

and thereby lessen the management effectiveness of this regulation.

Therefore, the Service finds good cause to make this rule effective

upon publication (5 U.S.C. 553(d)(3)).

Statutory Authority

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 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, and public recreation, accommodations,

and access, when he determines that such uses are compatible with the

major purpose(s) for which the area was established.

The Refuge Recreation Act (RRA) 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 NWRSAA and the RRA also authorize the

Secretary to issue regulations to carry out the purposes of the Acts

and regulate uses.

The Service develops hunting and sport fishing plans for each

existing refuge prior to opening it to hunting or fishing. It also

develops refuge-specific regulations, in many cases, to ensure the

compatibility of the programs with the purposes for which the refuge

was established. An interim determination of compatibility for hunting

and sport fishing on newly acquired refuges, made at the time of

acquisition, ensures initial compliance with the NWRSAA and the RRA.

This process ensures the determinations required by these acts were

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

hunting and fishing in 50 CFR part 32. The Service ensures continued

compliance by the development of long-term hunting and sport fishing

plans and by annual review of hunting and sport fishing programs and

regulations.

The Service determines that this action is in accordance with the

provisions of all applicable laws, is consistent with principles of

sound fish and wildlife management, helps implement Executive Order

12962 (Recreational Fisheries), and is otherwise in the public interest

by providing additional recreational opportunities at national wildlife

refuges. Sufficient funds are available within the refuge budgets to

operate the hunting and sport fishing programs as proposed.

Paperwork Reduction Act

The Service has examined this regulation under the Paperwork

Reduction Act of 1995 and has found it to contain no information

collection requirements.

Economic Effect

Service review has revealed that the rulemaking will increase

hunter and fishermen visitation to the surrounding area of the refuges

before, during or after the recreational uses, compared to closing the

refuges to these recreational uses. When the Service acquired these

lands, all public use ceased under law until opened to the public in

accordance with this rulemaking.

Refuges generally are located away from large metropolitan areas.

Businesses in the area of the refuges consist primarily of small

family-owned stores, restaurants, gas stations and other small

commercial enterprises. In addition, there are several small commercial

and recreational fishing and hunting camps and marinas in the general

areas. This rule has a positive effect on such entities; however, the

amount of revenue generated is not large.

Many area residents enjoy a rural lifestyle that includes frequent

recreational use of the abundant resources of the area. A high

percentage of the households enjoy hunting, fishing, and boating in

area wetlands, rivers and lakes. Refuge lands generally were not

available for public use prior to government acquisition; however,

friends and relatives of the landowners fished and hunted there and

some lands operated under commercial hunting and fishing leases. Many

nearby residents also participate in other forms of nonconsumptive

outdoor recreation such as biking, hiking, camping, birdwatching,

canoeing, and other outdoor sports.

Economic impacts of refuge fishing and hunting programs on local

communities are calculated from average expenditures in the ``1995

National Survey of Fishing, Hunting, and Wildlife-Associated

Recreation''. In 1995, 42 million U.S. residents 16 years old and older

hunted and/or fished. More specifically, 37 million fished and 14.5

million hunted. Those who both fished and hunted account for the 9.5

million overage. Nationwide expenditures by sportsmen totaled $42

billion. Trip-related expenditures for food, lodging, and

transportation were $16 billion or 37 percent of all fishing and

hunting expenditures; equipment expenditures amounted to $19 billion,

or 46 percent of the total; other expenditures such as those for

magazines, membership dues, contributions, land leasing, ownership,

licenses, stamps, tags, and permits accounted for $6.9 billion, or 16

percent of all expenditures. Overall, anglers spent an average of $41

per day. For each day of hunting, big game hunters averaged spending

$40, small game hunters $20, and migratory bird hunters $33.

At these 40 National Wildlife Refuges in 24 states, 816,000

fisherman are expected to spend $33.5 million annually in pursuit of

their sport, while an estimated 203,000 hunters will spend $6.7 million

annually hunting on the refuges. While many of these fishermen and

hunters already made expenditures prior to the refuge opening,

additional expenditures directly are due to the new recreational

opportunities being provided by the land now being open to the general

public.

This rulemaking was not subject to Office of Management and Budget

review under Executive Order 12866. A review under the Regulatory

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

although the rulemaking would increase visitation and expenditures in

the surrounding area of the refuge, it would not have a significant

effect on a substantial number of small entities in the area, such as

businesses, organizations and governmental jurisdictions.

[[Page 46393]]

Environmental Considerations

The Service ensures compliance with the National Environmental

Policy Act of 1969 (NEPA) (42 U.S.C. 4332(C)) when it develops hunting

and sport fishing plans, and the required determinations are made prior

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

fishing in 50 CFR part 32. The Service reviewed the changes in hunting

and fishing herein adopted with regard to Section 7 of the Endangered

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

no effect on or not likely to adversely affect listed species or

critical habitat. The amendments 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 Service employs the exclusion

found at 516 DM 6, App.1.4 B(5) as these amendments are ``[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 qualify or otherwise define an existing hunting or

fishing activity, for purposes of resource management. These documents

are on file in the offices of the Service and may be viewed by

contacting the primary author noted below. Information regarding

hunting and fishing permits and the conditions that apply to individual

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

areas are 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 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.

Unfunded Mandates

The Service has determined and certifies pursuant to the Unfunded

Mandates Act, 2 U.S.C. 1502 et seq., that this rulemaking will not

impose a cost of $100 million or more in any given year on local or

State governments or private entities.

Civil Justice Reform

The Department has determined that these final regulations meet the

applicable standards provided in Sections 3(a) and 3(b)(2) of Executive

Order 12988.

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 in 50 CFR Part 32

Fishing, Hunting, Reporting and recordkeeping requirements,

Wildlife, Wildlife refuges.

Accordingly, Part 32 of Chapter I of Title 50 of the Code of

Federal Regulations is amended as follows:

PART 32--[AMENDED]

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

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

Sec. 32.7 [Amended]

2. Section 32.7 List of refuge units open to hunting and/or

fishing, is amended by alphabetically adding the listings ``Windom

Wetland Management District'' to the State of Minnesota; ``William L.

Finley National Wildlife Refuge'' to the State of Oregon; ``Upper

Mississippi River National Wildlife and Fish Refuge'' to the State of

Wisconsin; and revising the existing name of ``Patuxent Wildlife

Research Center'' to read ``Patuxent Research Refuge'' in the State of

Maryland.

3. Section 32.23 Arkansas is amended by adding paragraph D.3. to

Cache River National Wildlife Refuge to read as follows:

Sec. 32.23 Arkansas.

* * * * *

Cache River National Wildlife Refuge

* * * * *

D. Sport Fishing. * * *

* * * * *

3. Fishermen must fish and frog in accordance with refuge

regulations and applicable state fishing and frogging regulations.

* * * * *

4. Section 32.24 California is amended by revising paragraph A.7.,

of Lower Klamath National Wildlife Refuge; and by revising paragraph

A.2., of Salton Sea National Wildlife Refuge to read as follows:

Sec. 32.24 California.

* * * * *

Lower Klamath National Wildlife Refuge

A. Hunting of Migratory Game Birds. * * *

* * * * *

7. Hunters may only use nonmotorized boats and boats with electric

motors on units 4b and 4c from the start of hunting season through

November 30. Hunters may use motorized boats on units 4b and 4c from

December 1 through the end of hunting season.

* * * * *

Salton Sea National Wildlife Refuge

A. Hunting of Migratory Game Birds. * * *

* * * * *

2. Hunters must hunt from assigned blinds on the Union Tract and

within

[[Page 46394]]

100 feet (.9144 meters) of blind sites on the Hazard Tract, except when

shooting to retrieve crippled birds.

* * * * *

5. Section 32.28 Florida is amended by revising paragraphs A. and

D. of Merritt Island National Wildlife Refuge to read as follows:

Sec. 32.28 Florida.

* * * * *

Merritt Island National Wildlife Refuge

A. Hunting of Migratory Game Birds. Hunters may hunt ducks and

coots in designated areas of the refuge subject to the following

conditions:

1. Hunters must possess a valid refuge hunting permit at all times

while hunting on the refuge.

2. Hunters may hunt only on Wednesday, Saturday, Sunday, and the

following holidays: Thanksgiving, Christmas, and New Years Day only

within the designated state season.

3. Hunters may hunt only in four designated areas of the refuge

subject to delineation in the refuge hunting map and brochure,

including the open waters of Mosquito Lagoon, Indian River, and

designated impoundments outside the NASA security area.

4. Hunting hours are one-half hour before sunrise until 1:00 pm.

each hunting day.

5. Hunters in Areas 1, 2 or 4 must complete and carry proof of

completing an approved hunter safety training course. Hunters in Area 3

born after June 1, 1975 must complete and carry proof of completing an

approved hunter safety training course in accordance with State law.

6. An adult 21 years of age or older must supervise and remain in

sight and normal voice contact with hunters under the age of 16.

7. The public must not enter the refuge between sunset and sunrise

except: hunters may access the refuge for waterfowl hunting only after

2:00 am each hunting day during waterfowl hunting season; and a valid

refuge hunting permit must be in possession during these times.

8. Hunters may not park along Blackpoint Wildlife Drive or

Playalinda Beach Road for the purposes of waterfowl hunting.

9. Hunters may not trespass or hunt migratory game birds in refuge

areas posted ``AREA CLOSED''.

10. Vehicles must use only designated public access routes and boat

launching areas north and south of Haulover Canal.

11. Hunters must not construct permanent above ground, or pit

blinds, nor dig into dikes.

12. Hunters must not shoot from within 10 feet of any dike,

roadway, or railroad fill.

13. Hunters must remove decoys, boats, and other personal property

from the refuge by 2:00 pm daily.

14. Refuge guides must purchase and have Guide Permits on their

person while in the field hunting.

15. Hunters may not launch boats off Black Point Wildlife Drive.

16. Hunters may not use air thrust boats, hovercraft, jetskis or

similar craft on refuge waters.

17. Boats must not exceed ``Idle Speed'' in Bairs Cove nor 8 mph or

``Slow speed-Minimum Wake'' in Haulover Canal.

* * * * *

D. Sport Fishing. Fishermen may fish, crab, clam, oyster and shrimp

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

1. Fishermen may night fish from a boat only in Mosquito Lagoon,

Indian River, Banana River, and Haulover Canal. All fishermen must

possess a valid refuge night fishing permit.

2. Fishermen must attend their lines at all times.

3. Vehicles must use only designated public access routes and boat

launching areas north and south of Haulover Canal.

4. Fishermen may not launch boats from Black Point Wildlife Drive.

5. Fishermen may not use air thrust boats, hovercraft, jetskis or

similar craft on refuge waters.

6. Fishermen may launch or moor boats only between sunset and

sunrise at Beacon 42 fish camp and Bairs Cove at Haulover Canal

Recreation Area.

7. The public must not use motorized boats in the Banana River

Manatee sanctuary (north of KARS Park on the west side of the Barge

Channel and north of the Air Force power line on the east side of the

Barge Channel). This includes any boat having an attached motor or a

non-attached motor that is capable of use (including electric trolling

motors). This regulation is in effect throughout the year.

8. Boats must not exceed ``Idle Speed'' in Bairs Cove and KARS

Marina nor 8 mph or ``Slow speed-Minimum Wake'' in Haulover Canal.

9. The public must not enter the refuge between sunset and sunrise

except fishermen may launch boats while fishing from Beacon 42 Fish

Camp or Bairs Cove at Haulover Canal. Nighttime fishermen must also

possess a valid refuge fishing permit while fishing on the refuge.

* * * * *

6. Section 32.32 Illinois is amended by removing paragraph A.4.,

and revising paragraphs D.2. and D.5 of Chautauqua National Wildlife

Refuge; by revising paragraphs C.1. and D.1. of Crab Orchard National

Wildlife Refuge; by revising Mark Twain National Wildlife Refuge; by

revising paragraphs D.1., D.2., D.3., adding paragraph D.4. of

Meredosia National Wildlife Refuge; and revising paragraph A.1., adding

paragraph A.3., revising paragraphs B.1., B.2. and B.3.; revising

paragraphs C.1., C.2., and C.3. of Upper Mississippi River Wildlife and

Fish Refuge to read as follows:

Sec. 32.32 Illinois.

* * * * *

Chautauqua National Wildlife Refuge

* * * * *

D. Sport Fishing. * * *

* * * * *

2. Anglers must not use more than two poles and each pole may not

have more than two hooks or lures attached while fishing in the

Kikunessa Pool of Chautauqua National Wildlife Refuge.

* * * * *

5. The public may not enter Weis Lake on the Cameron-Billsbach Unit

of Chautauqua National Wildlife Refuge from October 16 through January

14, to provide sanctuary for migratory birds.

Crab Orchard National Wildlife Refuge

* * * * *

C. Big Game Hunting. * * *

1. Hunters must possess a special permit issued by the Illinois

Department of Natural Resources.

* * * * *

D. Sport Fishing. * * *

1. Fishermen may fish from boats all year west of Wolf Creek Road.

2. From March 15 through September 30 fishermen may fish from boats

east of Wolf Creek Road.

3. Fishermen may fish from the bank east of Wolf Creek Road all

year, but only at the Wolf Creek and Route 148 causeways.

4. Fishermen must remove trotlines and jugs west of Wolf Creek Road

from sunrise to sunset from Memorial Day through Labor Day.

5. Fishermen must remove trotlines and jugs from the entire lake on

the last day of use.

6. Fishermen may anchor trotlines only with portable weights that

are removed from the water, along with the trotlines and jugs.

7. Fishermen must not use stakes or employ any floatation device

which has previously contained any petroleum based materials or toxic

substances.

8. Fishermen may use all non-commercial fishing methods except

[[Page 46395]]

those requiring underwater breathing apparatus.

* * * * *

Mark Twain National Wildlife Refuge

A. Hunting of Migratory Game Birds. Hunters may hunt migratory game

birds on designated areas of the refuge subject to posted regulations.

B. Upland Game Hunting. Hunters may hunt upland game on designated

areas of the refuge subject to posted regulations.

1. Hunters must possess and use only nontoxic shot while hunting

all permitted birds, except wild turkeys. Hunters may possess and use

lead shot for hunting wild turkey.

C. Big Game Hunting. Hunters may hunt white-tailed deer on

designated areas of the refuge subject to posted regulations.

D. Sport Fishing. Fishermen may fish on designated areas of the

refuge subject to posted regulations.

Meredosia National Wildlife Refuge

* * * * *

D. Sport Fishing. * * *

1. Fishermen may sport fish on all refuge waters during daylight

hours from January 15 through October 15.

2. From October 16 through January 14, fishermen may fish south of

Carver Lake by foot access only.

3. Private boats may not be left in refuge waters overnight.

4. Motorboats must not exceed ``slow speed/minimum wake.''

Upper Mississippi River National Wildlife and Fish Refuge

A. Hunting of Migratory Game Birds. * * *

1. Hunters may not hunt migratory birds on refuge closed areas

posted ``Area Closed'', on the Goose Island ``No Hunting'' zone in Pool

8, and on the Upper Halfway Creek Marsh ``No Hunting'' zone in Pool 7.

* * * * *

3. Hunters may only use and possess nontoxic shot when hunting for

any permitted migratory bird.

B. Upland Game Hunting. * * *

1. Hunters may not hunt or possess firearms between March 15 and

the opening of the State fall hunting seasons except that hunters may

hunt wild turkeys during the State spring turkey season.

2. Hunters may hunt on refuge areas posted as ``Area Closed''

beginning the day after the close of the applicable State duck hunting

season until season closure or March 15, whichever occurs first, except

that hunters may hunt wild turkey during the State spring wild turkey

season.

3. Hunters must not hunt at any time within the Goose Island ``No

Hunting'' zone in Pool 8, nor Upper Halfway Creek Marsh ``No Hunting''

zone in Pool 7.

* * * * *

C. Big Game Hunting. * * *

1. Hunters may only hunt until season closure or March 15,

whichever date occurs first.

2. Hunters may hunt on refuge areas posted ``Area Closed''

beginning the day after the close of the applicable State duck hunting

season until season closure or March 15, whichever date occurs first.

3. Hunters must not hunt at any time on the Goose Island ``No

Hunting'' zone in Pool 8 and Upper Halfway Creek Marsh ``No Hunting''

zone in Pool 7.

* * * * *

7. Section 32.34 Iowa is amended by removing paragraph C.2., and

redesignating paragraphs C.3. and C.4. as paragraphs C.2. and C.3. of

Desoto National Wildlife Refuge; and by removing paragraphs C.6. and

C.7. of Driftless Area National Wildlife Refuge; and revising the

introductory text of paragraph B. and paragraph B.2. of Walnut Creek

National Wildlife Refuge to read as follows:

Sec. 32.34 Iowa.

* * * * *

DeSoto National Wildlife Refuge

* * * * *

C. Big Game Hunting. * * *

* * * * *

2. Hunters must not construct or use permanent blinds, platforms or

ladders at any time.

3. Hunters must remove all hunting stands from the refuge by the

close of the season.

* * * * *

Walnut Creek National Wildlife Refuge

* * * * *

B. Upland Game Hunting. Hunters may hunt ringnecked pheasants,

bobwhite quail, cottontail rabbits, and squirrels on designated areas

of the refuge subject to the following conditions:

* * * * *

2. Hunters may hunt from the opening of state season until closed

on the dates posted by the refuge manager.

* * * * *

8. Section 32.36 Kentucky is amended by revising paragraphs A., B.,

and C., of Ohio River Islands National Wildlife Refuge to read as

follows:

Sec. 32.36 Kentucky.

* * * * *

Ohio River Islands National Wildlife Refuge

A. Hunting of Migratory Game Birds. Hunters may hunt migratory game

birds on designated areas of the refuge subject to the following

conditions:

1. Each hunter must have in his possession a current copy of the

Ohio River Islands National Wildlife Refuge Hunting Regulations Leaflet

while participating in a refuge hunt.

B. Upland Game Hunting. Hunters may hunt rabbit and squirrel on

designated areas of the refuge subject to the following conditions:

1. Hunters must not use dogs for pursuit while rabbit hunting.

2. Hunters may only use shotguns for taking squirrels and rabbits.

3. Each hunter must have in his possession a current copy of the

Ohio River Islands National Wildlife Refuge Hunting Regulations Leaflet

while participating in a refuge hunt.

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

shot.

C. Big Game Hunting. Hunters may hunt white-tailed deer on

designated areas of the refuge subject to the following conditions:

1. Hunters may only archery hunt.

2. Hunters may not hunt by organized deer drives of two or more

hunters. The definition of a drive is: the act of chasing, pursuing,

disturbing or otherwise directing deer so as to make the animals more

susceptible to harvest.

3. Hunters may not bait deer on refuge lands.

4. Each hunter must have in his possession a current copy of the

Ohio River Islands National Wildlife Refuge Regulations Leaflet while

participating in a refuge hunt.

* * * * *

9. Section 32.37 Louisiana is amended by revising paragraph C.1.,

of D'Arbonne National Wildlife Refuge; by revising paragraph A. of Lake

Ophelia National Wildlife Refuge; and revising paragraph C.1. of Upper

Ouachita National Wildlife Refuge to read as follows:

Sec. 32.37 Louisiana.

* * * * *

D'Arbonne National Wildlife Refuge

* * * * *

C. Big Game Hunting. * * *

1. Hunters may hunt either-sex deer with firearms during the second

and third either-sex firearms seasons for Union Parish.

* * * * *

Lake Ophelia National Wildlife Refuge

A. Hunting of Migratory Game Birds. Hunters may hunt ducks and

coots on

[[Page 46396]]

designated areas of the refuge subject to the following condition:

1. Hunters must possess a refuge daily permit.

* * * * *

Upper Ouachita National Wildlife Refuge

* * * * *

C. Big Game Hunting. * * *

1. Hunters may hunt either-sex deer with firearms during the second

and third either-sex firearms seasons for Union Parish.

* * * * *

10. Section 32.38 Maine is amended by revising paragraphs A., B.,

and C., of Rachel Carson National Wildlife Refuge to read as follows:

Sec. 32.38 Maine.

* * * * *

Rachel Carson National Wildlife Refuge

A. Hunting of Migratory Game Birds. Hunters may hunt ducks, geese,

coots, woodcock and snipe on designated areas of the refuge subject to

the following conditions:

1. Hunters must possess a refuge permit.

2. Hunters must remove all personal property from the refuge after

each day's hunt.

B. Upland Game Hunting. Hunters may hunt upland game birds, gray

squirrel, cottontail rabbit, snowshoe hare, fox and coyote on

designated areas of the refuge subject to the following conditions:

1. Hunters must possess a refuge permit.

2. Hunters may hunt fox and coyote only during the State firearm

deer season.

3. Hunters during firearms big game season must wear in a

conspicuous manner on head, chest and back a minimum of 400 square

inches (10.16 square meters) of solid-colored hunter orange clothing or

material.

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

shot.

C. Big Game Hunting. Hunters may hunt deer on designated areas of

the refuge subject to the following conditions:

1. Hunters must possess a refuge permit.

2. Hunters during firearms big game season must wear in a

conspicuous manner on head, chest and back a minimum of 400 square

inches (10.16 square meters) of solid-colored hunter orange clothing or

material.

* * * * *

11. Section 32.39 Maryland is amended by revising the refuge

heading, the introductory text of paragraphs A., B., and C.; and

revising paragraph D., of Patuxent Research Refuge, to read as follows:

Sec. 32.39 Maryland.

* * * * *

Patuxent Research Refuge

A. Hunting of Migratory Game Birds. Hunters may hunt migratory game

birds on designated areas of the refuge subject to the following

conditions:

* * * * *

B. Upland Game Hunting. Hunters may hunt upland game on designated

areas of the refuge subject to the following conditions:

* * * * *

C. Big Game Hunting. Hunters may hunt deer on designated areas of

the refuge subject to the following conditions:

* * * * *

D. Sport Fishing. Fishermen may fish in designated waters of the

refuge at designated times subject to the following conditions:

1. Fishermen may fish only in delineated areas as shown on a map

available at the refuge.

2. Fresh water fishing and boating laws of the State of Maryland

apply to include opening/closing of seasons and creel limits.

3. Fishermen may use hook and line tackle and baits permitted by

Maryland law, with the exception of live minnows or other fish.

4. Special provisions: Cash Lake, a 54 acre lake located on the

South Tract requires a federal permit to fish, and a limit of 25 daily

permits will be issued. Persons may request a permit application by

contacting: National Wildlife Visitor Center, Laurel, Maryland, during

normal working hours. Each request must include the person's name,

address, and phone number, and the model, year and license number of

the vehicle that will drive to the refuge. You may request a fishing

date 1 week prior to when you plan to fish. One licensed angler or up

to two children under the age of 16 may accompany the permit holder.

Open season is June 15 through October 15: 6 a.m. to legal sunset

daily. You may fish for the following species: Bass, pickerel, catfish,

and sunfish. Daily creel limits: bass, catch and release only;

pickerel, catch and release only except you may keep one pickerel

greater than 15 inches in length; sunfish and catfish, 15 per day total

fish limit. Permittees may use boats subject to the following

conditions: no gasoline motors permitted; You may not trailer boats to

the water; boats other than canoes may not exceed 14 feet; you may not

use sailboats or kayaks.

12. Section 32.40 Massachusetts is amended by revising paragraph

C., of Parker River National Wildlife Refuge to read as follows:

Sec. 32.40 Massachusetts.

* * * * *

Parker River National Wildlife Refuge

* * * * *

C. Big Game Hunting. Hunters may hunt white-tailed deer on

designated areas of the refuge subject to the following conditions:

1. Hunters must possess a refuge permit.

* * * * *

13. Section 32.42 Minnesota is amended by revising introductory

text of paragraph B., of Rice Lake National Wildlife Refuge; by adding

in alphabetical order Windom Wetland Management District to read as

follows:

Sec. 32.42 Minnesota.

* * * * *

Rice Lake National Wildlife Refuge

* * * * *

B. Upland Game Hunting. Hunters may hunt ruffed grouse, spruce

grouse, grey and fox squirrels, cottontail rabbit and snowshoe hare on

designated areas of the refuge.

Windom Wetland Management District

A. Hunting of Migratory Game Birds. Hunters may hunt migratory game

birds throughout the district except that hunters may not hunt on the

Worthington Waterfowl Production Area in Nobles County.

B. Upland Game Hunting. Hunters may hunt upland game throughout the

district except that hunters may not hunt on the Worthington Waterfowl

Production Area in Nobles County.

C. Big Game Hunting. Hunters may hunt big game throughout the

district except that hunters may not hunt on the Worthington Waterfowl

Production Area in Nobles County.

D. Sport Fishing. Fishermen may fish throughout the district.

14. Section 32.43 Mississippi is amended by revising paragraph D.,

of Dahomey National Wildlife Refuge to read as follows:

Sec. 32.43 Mississippi.

* * * * *

Dahomey National Wildlife Refuge

* * * * *

D. Sport Fishing. Fishermen may fish on designated areas of the

refuge subject to the following condition:

[[Page 46397]]

1. Fishermen must possess a refuge permit.

* * * * *

15. Section 32.44 Missouri is amended by revising paragraphs B.,

C., and D., of Mingo National Wildlife Refuge to read as follows:

Sec. 32.44 Missouri.

* * * * *

Mingo National Wildlife Refuge

* * * * *

B. Upland Game Hunting. Hunters may hunt upland game on designated

areas of the refuge subject to posted regulations.

C. Big Game Hunting. Hunters may hunt big game on designated areas

of the refuge subject to posted regulations.

D. Sport Fishing. Fishermen may fish on designated areas of the

refuge subject to posted regulations.

* * * * *

16. Section 32.47 Nevada is amended by revising paragraph B., of

Ash Meadows National Wildlife Refuge; and by revising paragraphs D.2,

D.4., D.5., and D.8. of Ruby Lake National Wildlife Refuge to read as

follows:

Sec. 32.47 Nevada.

* * * * *

Ash Meadows National Wildlife Refuge

* * * * *

B. Upland Game Hunting. Hunters may hunt quail, cottontail rabbits,

and jackrabbits on designated areas of the refuge subject to the

following conditions:

1. Hunters may hunt cottontail rabbits and jackrabbits only during

the State quail hunting season.

2. Hunters must only use shotguns.

* * * * *

Ruby Lake National Wildlife Refuge

* * * * *

D. Sport Fishing. * * *

* * * * *

2. Fishermen may only fish on dikes in the areas north of the Brown

Dike and east of the Collection Ditch with the exception that you may

fish by wading and from personal flotation devices (float tubes) in

Unit 21.

* * * * *

4. Fishermen may annually, beginning June 15 and continuing until

December 31, only use motorless boats or boats with battery powered

electric motors on the South Marsh.

5. Fishermen may annually, beginning August 1 and continuing until

December 31, use boats propelled with a motor or combination of motors

in the aggregate, but not to exceed 10 horse-power rating, on the South

Marsh.

* * * * *

8. Fishermen may bank fish in the South Marsh only at Brown Dike,

the Main Boat Landing, and Narciss Boat Landing.

* * * * *

17. Section 32.49 New Jersey is amended by revising paragraph A.

and adding paragraphs A.1., A.2., and A.3., of Cape May National

Wildlife Refuge to read as follows:

* * * * *

Sec. 32.49 New Jersey.

* * * * *

Cape May National Wildlife Refuge

A. Hunting of Migratory Game Birds. Hunting of waterfowl, coots,

moorhens and rails, common snipe, and woodcock is permitted in

designated areas of the refuge subject to State of New Jersey

regulations and the following special refuge conditions:

1. All persons while hunting migratory game birds, except

waterfowl, must wear in a conspicuous manner on head, chest and back a

minimum of 400 square inches of solid-colored hunter orange clothing or

material.

2. All hunting blind materials, boats, and decoys must be removed

at the end of each hunting day. Permanent and pit blinds are not

permitted.

3. The common snipe season on the refuge begins with the early

woodcock south zone season. (The refuge common snipe season will

continue through the end of the State-set common snipe season.)

* * * * *

18. Section 32.50 New Mexico is amended by revising paragraphs A.1.

and D., of 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. * * *

1. Hunters may hunt for migratory game birds only on Tuesdays,

Thursdays, and Saturdays of each week until 1 p.m.

* * * * *

D. Sport Fishing. [Reserved]

* * * * *

19. Section 32.52 North Carolina is amended by revising paragraphs

C. and D.3., of Mattamuskeet National Wildlife Refuge; and revising

introductory language of paragraphs A., B., C. and D., and revising

paragraphs B.1., D.1-5; and removing paragraphs B.2-4 of Pee Dee

National Wildlife Refuge to read as follows:

Sec. 32.52 North Carolina.

* * * * *

Mattamuskeet National Wildlife Refuge

* * * * *

C. Big Game Hunting. Hunters may hunt white-tailed deer on

designated areas of the refuge subject to the following condition:

1. Hunters must possess a refuge permit.

D. Sport Fishing. * * *

* * * * *

3. Fishermen may not dip herring (alewife).

* * * * *

Pee Dee National Wildlife Refuge

A. Hunting of Migratory Game Birds. Hunters may hunt mourning doves

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

1. Hunters must possess a refuge permit.

B. Upland Game Hunting. Hunters may hunt quail, squirrel, rabbit,

raccoon and opossum on designated areas of the refuge subject to the

following condition:

1. Hunters must possess a refuge permit.

C. Big Game Hunting. Hunters may hunt white-tailed deer on

designated areas of the refuge subject to the following condition:

1. Hunters always must possess a refuge permit and a special quota

permit for gun deer hunts.

D. Sport Fishing. Fishermen may fish in designated waters of the

refuge subject to the following conditions:

1. Fishermen may fish with a pole and line or rod and reel from

March 15 to October 15 during daylight hours only.

2. Fishermen may use boats in Andrews Pond, Beaver Ponds, and

Arrowhead Lake only.

3. Fishermen may only use electric motors in refuge waters.

4. Fishermen may not possess or use of trotlines, set hooks, gigs,

yo-yo's, jug-lines, limblines, nets, seines, fish traps, and other

similar equipment on the refuge.

5. Fishermen may not possess or use minnows as bait on the refuge.

6. Fishermen may not frog or turtle on the refuge.

7. The refuge may close certain fishing areas at anytime for

management purposes.

* * * * *

20. Section 32.55 Oklahoma is amended by revising paragraphs B. and

C., of Deep Fork National Wildlife

[[Page 46398]]

Refuge; and by revising paragraphs A., B.1., B.2., C. and D.1.; adding

paragraphs B.3, B.4., B.5. and D.4., of Sequoyah National Wildlife

Refuge to read as follows:

Sec. 32.55 Oklahoma.

* * * * *

Deep Fork National Wildlife Refuge

A. Hunting of Migratory Game Birds. [Reserved]

B. Upland Game Hunting. Hunters may hunt squirrels on portions of

the refuge in accordance with State hunting regulations subject to the

following exceptions and conditions:

1. Hunters may not hunt squirrels on the refuge during the first

half of the archery deer season.

2. Hunters may use only shotguns with non-toxic shot.

3. The refuge leaflet designates parking and hunting areas.

C. Big Game Hunting. Hunters may hunt white-tailed deer on

designated portions of Deep Fork NWR subject to the following

conditions:

1. Hunters must pay fees and obtain a refuge permit.

2. Hunters must not drive off designated refuge roads.

3. Each hunter entering the refuge must possess a refuge permit.

* * * * *

Sequoyah National Wildlife Refuge

A. Hunting of Migratory Game Birds. Hunters may hunt waterfowl,

dove, coots, rail, snipe and woodcock on designated areas of the refuge

subject to the following conditions:

1. The Sequoyah National Wildlife Refuge is open during seasons,

dates, and times as posted by signs and/or indicated on refuge

leaflets, special regulations, permits, and maps.

2. All hunters shall possess and use, while in the field, only

nontoxic shot.

3. Hunters may not build pits or permanent blinds.

4. Neither hunters nor dogs may enter closed areas to retrieve

game.

5. Hunters may not hunt or shoot within 50 ft. (15.24 meters) of

designated roads or parking areas.

6. Hunters may only hunt with shotguns and bows with arrows

(excluding broadhead arrows).

7. Hunters must remove decoys, boats and other personal property

from the refuge following each days hunt.

B. Upland Game Hunting. * * *

1. The Sequoyah National Wildlife Refuge is open during seasons,

dates, and times as posted by signs and/or indicated on refuge

leaflets, special regulations, permits, and maps.

2. All hunters shall possess and use, while in the field, only

nontoxic shot.

3. Neither hunters nor dogs may enter closed areas to retrieve

game.

4. Hunters may not shoot or hunt within 50 ft.(15.24 meters) of

designated roads or parking areas.

5. Hunters may only hunt with shotguns and bows with arrows

(excluding broadhead arrows).

C. Big Game Hunting. Hunters may hunt white-tailed deer on

designated areas of the refuge subject to the following conditions:

1. Hunters must pay fees and obtain a refuge permit.

2. All hunters must attend a hunter orientation briefing prior to

each hunt.

D. Sport Fishing. * * *

1. The Sequoyah National Wildlife Refuge is open to fishing as

specified on refuge leaflets, special regulations, permits, maps, or as

posted on signs.

* * * * *

4. Fishermen may not take turtles or mussels.

* * * * *

21. Section 32.56 Oregon is amended by revising paragraphs B.3, of

Cold Springs National Wildlife Refuge; by revising paragraph B.3. of

McKay Creek National Wildlife Refuge, and by revising paragraph B.3. of

Umatilla National Wildlife Refuge to read as follows:

Sec. 32.56 Oregon.

* * * * *

Cold Springs National Wildlife Refuge

* * * * *

B. Upland Game Hunting. * * *

* * * * *

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

shot.

* * * * *

McKay Creek National Wildlife Refuge

* * * * *

B. Upland Game Hunting. * * *

* * * * *

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

shot.

* * * * *

Umatilla National Wildlife Refuge

A. Hunting of Migratory Game Birds. * * *

* * * * *

B. Upland Game Hunting. * * *

* * * * *

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

shot.

* * * * *

22. Section 32.57 Pennsylvania is amended by revising paragraphs

A., B. and C., of Ohio River Islands National Wildlife Refuge to read

as follows:

Sec. 32.57 Pennsylvania.

* * * * *

Ohio River Islands National Wildlife Refuge

A. Hunting of Migratory Game Birds. Hunters may hunt migratory game

birds on designated areas of the refuge subject to the following

conditions:

1. Each hunter must have in his possession a current copy of the

Ohio River Islands National Wildlife Refuge Hunting Regulations Leaflet

while participating in a refuge hunt.

B. Upland Game Hunting. Hunters may hunt rabbits and squirrels on

designated areas of the refuge subject to the following conditions:

1. Hunters may not use dogs for pursuit while rabbit hunting.

2. Hunters may only use shotguns for hunting squirrels and rabbits.

3. Each hunter must have in his possession a current copy of the

Ohio River Islands National Wildlife Refuge Hunting Regulations Leaflet

while participating in a refuge hunt.

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

shot.

C. Big Game Hunting. Hunters may hunt white-tailed deer on

designated areas of the refuge subject to the following conditions:

1. Hunters may only archery hunt.

2. Hunters may not hunt deer with organized deer drives by two or

more hunters. A drive hereby is defined as the act of chasing,

pursuing, disturbing or otherwise directing deer so as to make the

animals more susceptible to harvest.

3. Hunters must not bait deer on refuge lands.

4. Each hunter must have in his possession a current copy of the

Ohio River Islands National Wildlife Refuge Regulations Leaflet while

participating in a refuge hunt.

* * * * *

23. Section 32.64 Utah is amended by revising paragraphs A., B. and

D. of Bear River Migratory Bird Refuge to read as follows:

Sec. 32.64 Utah.

* * * * *

Bear River Migratory Bird Refuge

A. Hunting of Migratory Game Birds. Hunters may hunt geese, ducks,

coots, and tundra swan on designated areas of the refuge subject to the

following conditions:

1. Hunters may not shoot or hunt within 100 yards (30.48 meters) of

principal refuge roads (the tour route).

2. While in the field, hunters shall possess and use only nontoxic

shot.

3. Hunters may not use pits or permanent blinds.

4. Airboats are permitted only in Unit 9 and in Block C of the

Refuge.

[[Page 46399]]

5. Refuge closes two (2) hours after sunset (end of shooting

hours), including parking sites. Decoys, boats, vehicles and other

personal property may not be left on the refuge overnight.

6. Hunters may only park in designated parking sites.

7. Hunters who take or attempt to take tundra swans must possess a

Utah State Swan Permit and may not possess or use more than 10 shells

per day while hunting swans.

8. Any person entering, using or occupying the refuge for waterfowl

hunting must abide by all the terms and conditions in the Refuge

Hunting Brochure.

B. Upland Game Hunting. Hunters may hunt pheasants on designated

areas of the refuge subject to the following conditions:

1. While in the field, hunters shall possess and use only nontoxic

shot.

C. Big Game Hunting. * * *

D. Sport Fishing. Fishermen may fish on designated areas of the

refuge subject to the following conditions:

1. Fishermen may fish year-round in designated areas of the Refuge.

* * * * *

24. Section 32.65 Vermont is amended by revising introductory text

of paragraph B., and revising paragraph B.2. of Missisquoi National

Wildlife Refuge to read as follows:

Sec. 32.65 Vermont.

* * * * *

Missisquoi National Wildlife Refuge

* * * * *

B. Upland Game Hunting. Hunters may hunt rabbits, ruffed grouse and

squirrels on designated areas of the refuge subject to the following

conditions:

* * * * *

2. Hunters may not use rifles on that portion of the refuge lying

east of the Missisquoi River.

* * * * *

25. Section 32.66 Virginia is amended by revising paragraph C., of

Chincoteague National Wildlife Refuge to read as follows:

* * * * *

Sec. 32.66 Virginia.

* * * * *

Chincoteague National Wildlife Refuge

* * * * *

C. Big Game Hunting. Hunters may hunt white-tailed deer and sika in

designated areas of the refuge subject to the following conditions:

1. Hunters must possess a refuge permit.

* * * * *

26. Section 32.67 Washington is amended by revising paragraph A.,

of Ridgefield National Wildlife Refuge; and by revising paragraph B.2.,

of Toppenish National Wildlife Refuge to read as follows:

Sec. 32.67 Washington.

* * * * *

Ridgefield National Wildlife Refuge

A. Hunting of Migratory Game Birds. Hunters may hunt geese, ducks,

and coots on designated areas of the refuge subject to the following

condition:

1. Hunting is by permit only.

* * * * *

Toppenish National Wildlife Refuge

* * * * *

B. Upland Game Hunting. * * *

* * * * *

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

shot.

* * * * *

27. Section 32.69 Wisconsin is amended by revising paragraphs B.1.,

B.2., C.4. and D., of Necedah National Wildlife Refuge; and adding

Upper Mississippi River National Wildlife and Fish Refuge

alphabetically to read as follows:

Sec. 32.69 Wisconsin.

* * * * *

Necedah National Wildlife Refuge

* * * * *

B. Upland Game Hunting. * * *

1. Hunters must unload or case guns in the retrieval zone of Refuge

Area 7 during the State waterfowl hunting season.

2. During the spring turkey hunting season only, persons with an

unexpired State spring turkey permit in possession may enter and hunt

wild turkeys in all open refuge areas.

* * * * *

C. Big Game Hunting. * * *

* * * * *

4. Refuge Areas 1, 2, 4, 5, 6 and 7 are open to deer hunting.

* * * * *

D. Sport Fishing. Fishermen may fish in designated waters of the

refuge at designated times subject to the following conditions.

1. Fishermen may use non-motorized boats in Sprague-Goose Pools

only when these pools are open to fishing. Fishermen may use motorized

boats in Suk Cerney Pool.

* * * * *

Upper Mississippi River National Wildlife and Fish Refuge Refer to

32.32 Illinois for regulations.

28. Section 32.71 Pacific Islands Territory is amended by revising

paragraphs D.1., D.3., D.4., removing paragraph D.5., and redesignating

paragraph D.6 as paragraph D.5. of Johnson Atoll National Wildlife

Refuge to read as follows:

Sec. 32.71 Pacific Islands Territory.

* * * * *

Johnson Atoll National Wildlife Refuge

* * * * *

D. Sport Fishing. * * *

1. Fishermen may take lobsters of 3\1/4\-inch carapace length or

more in the lagoon area from September 1 through May 31, but not by

spearing, traps, or the use of pry bars or related methods destructive

to coral; fishermen may not take female lobsters bearing eggs at any

time.

* * * * *

3. Fishermen or divers may not take fish by the use of a spear

``gun'', either above or below the water. Hand-propelled spears or

``Hawaiian Slings'' consisting of a single shaft propelled by a rubber

tube are permitted for underwater fishing.

4. The public may not, by any means, collect, export or take any

form of live or dead coral.

* * * * *

Dated: August 27, 1996.

George T. Frampton, Jr.,

Assistant Secretary for Fish and Wildlife and Parks.

[FR Doc. 96-22507 Filed 8-30-96; 8:45 am]

BILLING CODE 4310-55-P