1997-98 Refuge-Specific Hunting and Fishing Regulations

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Parts 25 and 32

RIN 1018-AE18

1997-98 Refuge-Specific Hunting and Fishing Regulations

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule.

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SUMMARY: The Fish and Wildlife Service (Service) proposes to add

additional national wildlife refuges (refuges) to the list of areas

open for hunting and/or sport fishing, along with pertinent refuge-

specific regulations for such activities; and amend certain regulations

on other refuges that pertain to migratory game bird hunting, upland

game hunting, big game hunting and sport fishing for the 1997-98

seasons. Refuge hunting and fishing programs are reviewed annually to

determine whether additional refuges should be added or whether

individual refuge regulations governing existing 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 ensuring continued compatibility of hunting and fishing

with the purposes for which individual refuges, and the Refuge System

were established.

The Service has determined uses in this proposed rule are

compatible with the purposes for which these refuges were established.

The Service further determined that this proposed action is in

accordance with the provisions of all applicable laws, is consistent

with principles of sound fish and wildlife management, helps implement

Executive Orders 12996 (Management and Public Use of the National

Wildlife Refuge System) and 12962 (Recreational Fisheries) and is

otherwise in the public interest by providing additional recreational

opportunities at national wildlife refuges. Sufficient funds will be

available within the refuge budgets to operate the hunting and sport

fishing programs as proposed.

DATES: Comments may be submitted on or before August 20, 1997.

ADDRESSES: Assistant Director--Refuges and Wildlife, U.S. Fish and

Wildlife Service, 1849 C Street, NW, MS 670 ARLSQ, Washington, DC

20240.

FOR FURTHER INFORMATION CONTACT: Stephen R. Vehrs, at the above

address; Telephone (703) 358-2397; Fax (703) 358-1826.

SUPPLEMENTARY INFORMATION: National wildlife refuges generally are

closed to hunting and sport fishing until opened by rulemaking. The

Secretary of the Interior (Secretary) may open refuge areas to hunting

and/or fishing upon a determination that such uses are compatible with

the purpose(s) for which the refuge was established. The action also

must be in accordance with provisions of all laws applicable to the

areas, must be consistent with the principles of sound fish and

wildlife management, and otherwise must be in the public interest.

50 CFR parts 25 and 32 contain administrative provisions and other

provisions governing hunting and fishing on national wildlife refuges.

Hunting and fishing are regulated on refuges to:

1. Ensure compatibility with refuge and Refuge System purposes;

2. Properly manage the fish and wildlife resource;

3. Protect other refuge values; and

4. 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 are issued when a wildlife refuge is opened to either

migratory game bird hunting, upland game hunting, big game hunting or

sport fishing. These regulations 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 promulgated to standardize and clarify the existing

language of these regulations.

With the passage of Public Law 102-402, the Rocky Mountain Arsenal

National Wildlife Refuge Act of 1992 (Act), the Service will establish

a refuge over what was previously a Department of Defense (Army)

military installation, but only following toxic substances cleanup.

Public Law 102-402 specifies that the Service shall manage the area

as if it were a unit of the National Wildlife Refuge System during

cleanup activities on the Rocky Mountain Arsenal (Arsenal). The Service

proposes this amendment to the regulations to establish regulatory

authority for these lands, prior to establishment as a refuge and

inclusion in the National Wildlife Refuge System, in accordance with

Public Law 102-402. These regulations will provide appropriate

authority and jurisdiction to conduct necessary management actions,

including law enforcement, at the Arsenal.

Request for Comments

Department of the Interior policy is, whenever practicable, to

afford the public a meaningful opportunity to participate in the

rulemaking process. A 30-day comment period is specified in order to

facilitate public input. Consideration was given to providing a 60-day

comment period, however, the Service determined that an additional 30-

day delay in processing these refuge-specific hunting and fishing

regulations would hinder the effective planning and administration of

hunting and fishing programs. Specifically, a delay of an additional 30

days would jeopardize holding the hunting 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 be timely in providing modifications to

certain hunting programs on some refuges. Accordingly, good cause

exists to limit the comment period to 30 days (5 U.S.C. 553(d)(3)).

Interested persons may submit written comments concerning this

proposed rule to the person listed above under the heading ADDRESSES.

All substantive comments will be reviewed and considered.

[[Page 38960]]

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.

Hunting and sport fishing plans are developed for each existing

refuge prior to opening it to hunting or fishing. In many cases,

refuge-specific regulations are developed to ensure the compatibility

of the programs with the purposes for which the refuge was established.

Initial compliance with the NWRSAA and the RRA has been ensured for

hunting and sport fishing on newly acquired refuges through an interim

determination of compatibility made at the time of acquisition. This

has ensured that the determinations required by these acts have been

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

annual review of hunting and sport fishing programs and regulations.

In preparation for these openings, the following documents are

included in the refuge's ``openings package'' for Regional review and

approval from the Washington Office: an interim hunting and fishing

management plan; an environmental action memorandum and categorical

exclusion certification; a Section 7 determination pursuant to the

Endangered Species Act, that these openings will have no effect, or are

not likely to have an adverse effect, on listed species or critical

habitats; a letter of concurrence from the affected State; interim

compatibility determination; and refuge-specific regulations to

administer the hunting and/or fishing programs. Upon review of these

documents, the Service, acting for the Secretary, has determined that

the opening of these National Wildlife Refuges to hunting and fishing

is compatible with the principles of sound fish and wildlife management

and otherwise will be in the public interest.

The following refuges propose new hunting and/or fishing openings:

Rocky Mountain Arsenal National Wildlife Refuge, Colorado; Ten Thousand

Islands National Wildlife Refuge, Florida; Black Bayou Lake National

Wildlife Refuge, Louisiana; Fort Niobrara National Wildlife Refuge,

Nebraska; and Balcones Canyonlands National Wildlife Refuge, Texas. The

remaining regulations represent revisions to existing refuge specific

regulations.

In accordance with the NWRSAA and the RRA, the Service has

determined that these openings are compatible and consistent with the

primary purposes for which the refuge was established. The Service also

has determined that funds are available to administer the program.

Paperwork Reduction Act

These regulations have been examined under the Paperwork Reduction

Act of 1995 and have been found to contain no information collection

requirements.

Economic Effect

Service review has revealed that this rulemaking will increase

hunter and fishermen visitation to the surrounding area of the refuges

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

being closed to these recreational uses.

These 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 recreational fishing and hunting camps and marinas in the

general areas. This proposed rule would have 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 natural 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 general public use prior to government acquisition;

however, they were fished and hunted upon by friends and relatives of

the landowners, and some were under commercial hunting and fishing

leases. Many nearby residents also participate in other forms of non-

consumptive 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, migratory bird hunters spent an

average of $33, upland game hunters an average of $20, and big game

hunters averaged spending $40.

At these 72 National Wildlife Refuges included in this proposed

regulation, 776,000 fishermen are estimated to spend $31.8 million

annually in pursuit of their sport, while approximately 380,000 hunters

will spend $12.5 million annually hunting on the refuges. While many of

these fishermen and hunters already make such expenditures prior to the

refuge opening, some of these additional expenditures directly are due

to the land now being open to the general public.

This rulemaking will have a small but positive impact on local

economies by increasing visitation and expenditures in the surrounding

area of the refuges. The Service has determined that this rulemaking

would not have a significant effect on a substantial number of small

entities in the area, such as businesses, organizations and

governmental jurisdictions, under the Regulatory Flexibility Act of

1980 (5 U.S.C. 601 et seq.). This rulemaking was not subject to Office

of Management and Budget review under Executive Order 12866.

Unfunded Mandates

The Service has determined and certifies pursuant to the Unfunded

[[Page 38961]]

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 proposed regulations meet

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

Executive Order 12988.

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 NEPA 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

herein proposed were reviewed with regard to Section 7 of the

Endangered Species Act of 1973 (16 U.S.C. 1531-1543) and 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 Service exclusion found at 516

DM 6, App. 1.4 B(5) 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 regulations

simply qualify or otherwise define a 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, 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 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

01035-9589; 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 procedure, Concessions, Reporting and

recordkeeping requirements, Safety, Wildlife refuges.

50 CFR Part 32

Fishing, Hunting, Reporting and recordkeeping requirements,

Wildlife, Wildlife refuges.

For the reasons set forth in the preamble, the Service proposes to

amend Title 50, Chapter I, subchapter C of the Code of Federal

Regulations as follows:

PART 25--[AMENDED]

1. The authority citation for part 25 is revised to read as

follows:

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

3901 et seq.; and Pub. L. 102-402, 106 Stat. 1961.

2. Section 25.11 is amended by revising paragraph (a) to read as

follows:

Sec. 25.11 Purpose of regulations.

(a) The regulations in this subchapter govern general

administration of units of the National Wildlife Refuge System, public

notice of changes in U.S. Fish and Wildlife Service policy regarding

Refuge System units, issuance of permits required on Refuge System

units and other administrative aspects involving the management of

various units of the National Wildlife Refuge System. The regulations

in this subchapter apply to areas of land and water held by the United

States in fee title and to property interests in such land and water in

less than fee, including but not limited to easements. For areas held

in less than fee, the regulations in this subchapter apply only to the

extent that the property interest held by the United States may be

affected. The regulations in this subchapter also shall apply to and

govern those areas of the Rocky Mountain Arsenal over which management

responsibility has been transferred to the U.S. Fish and Wildlife

Service pursuant to the Rocky Mountain Arsenal Act of 1992 (Pub. L.

102-402, 106 Stat. 1961), prior to their establishment as a refuge and

inclusion in the National Wildlife Refuge System.

* * * * *

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 removing the listing of ``Kesterson

National Wildlife Refuge'' from the State of California; by adding the

alphabetical listings of ``Rocky Mountain Arsenal National Wildlife

Refuge'' to the State of Colorado, ``Ten Thousand Islands National

Wildlife Refuge'' to the State of Florida, ``Black Bayou Lake National

Wildlife Refuge'' to the State of Louisiana, ``Fort Niobrara National

Wildlife Refuge'' to the State of Nebraska, ``Balcones Canyonlands

National Wildlife Refuge'' to the State of Texas, ``Leopold Wetland

Management District'' to the State of Wisconsin; and by revising the

listing of ``Wauby

[[Page 38962]]

National Wildlife Refuge'' under the State of South Dakota to read

``Waubay National Wildlife Refuge''.

5. Section 32.20 Alabama is amended by revising paragraphs B. and

D. of Eufaula National Wildlife Refuge to read as follows:

Sec. 32.20 Alabama.

* * * * *

EUFAULA NATIONAL WILDLIFE REFUGE

* * * * *

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

designated areas of the refuge subject to the following condition:

Permits are required.

* * * * *

D. Sport Fishing. Fishermen may fish, frog and trap turtles on

designated areas of the refuge subject to State fishing regulations

and the following conditions:

1. Fishing, frogging and turtle trapping open year-round in all

waters contiguous with the Walter F. George Reservoir. Bank fishing

permitted during daylight hours only.

2. Fishing, including bow fishing, permitted in impounded refuge

waters from March 1 through October 31, during daylight hours.

3. Creel, possession, and size limit for Walter F. George Reservoir

apply to all impounded refuge waters.

* * * * *

6. Section 32.22 Arizona is amended by revising paragraphs A.4.,

A.6., A.9. and A.13., by removing paragraph B.3., redesignating

paragraphs B.4., B.5. and B.6. as paragraphs B.3., B.4., B.5.

respectively, and revising them, by revising paragraph D.1. and

removing paragraph D.2. of Cibola National Wildlife Refuge to read as

follows:

Sec. 32.22 Arizona.

* * * * *

CIBOLA NATIONAL WILDLIFE REFUGE

A. Hunting of Migratory Game Birds. * * *

* * * * *

4. Hunters must pay a hunt fee in a portion of the refuge.

Consult refuge hunting leaflet for location.

* * * * *

6. Hunting in a portion of farm unit 2 closes at 12 p.m. each

day. Consult refuge hunting leaflet for location.

* * * * *

9. Waterfowl hunting requires the use of decoys on farm unit 2.

Daily removal of decoys from the refuge required.

* * * * *

13. The Hart Mine Marsh Area opens to hunting only between 10

a.m. and 3 p.m. daily, during goose season.

B. Upland Game Hunting. * * *

* * * * *

3. Hunters may hunt cottontail rabbit from September 1 through

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

4. During the Arizona waterfowl season, hunters may not hunt

quail and rabbit in Farm Unit 2 until 12 p.m. each day.

5. Hunters may not hunt within 50 yards of any road or levee.

* * * * *

D. Sport Fishing. * * *

1. Fishermen may fish and frog in Cibola Lake only from March 15

through Labor Day.

* * * * *

7. Section 32.23 Arkansas is amended by adding paragraph D.3. of

Holla Bend National Wildlife Refuge to read as follows:

Sec. 32.23 Arkansas.

* * * * *

HOLLA BEND NATIONAL WILDLIFE REFUGE

* * * * *

D. Sport Fishing. * * *

* * * * *

3. Fishermen may bowfish only from August 1 through August 31

subject to State bowfishing regulations. Only bowfishing equipment

permitted. Fishermen may not use broad heads, field points, or metal

arrows.

* * * * *

8. Section 32.24 California is amended by removing Kesterson

National Wildlife Refuge; by revising paragraphs A.1., A.2., A.3.,

A.4., and by adding paragraphs A.6., A.7. and A.8. of San Luis National

Wildlife Refuge to read as follows:

Sec. 32.24 California.

* * * * *

SAN LUIS NATIONAL WILDLIFE REFUGE

A. Hunting of Migratory Game Birds. * * *

1. Hunters may use only portable blinds and temporary blinds

constructed of natural materials in the free-roam hunting area.

2. Hunters must remove all portable blinds, decoys, and other

personal equipment from the refuge following each day's hunt.

3. Hunters may snipe hunt only within the free-roam portion of

the San Luis unit's waterfowl hunting area. Snipe hunters may only

possess and use nontoxic shot.

4. In areas where the refuge limits hunter numbers through a

daily permit process, hunters may not possess more than 25 shells

while in the field.

* * * * *

6. Hunters may not transport loaded firearms. This includes

walking or bicycling between parking areas and spaced blind areas,

or while traveling in a boat under power.

7. Refuge restricts hunters, in the spaced blind area, to their

original assigned blind except when they are placing decoys,

traveling to and from the parking area, retrieving downed birds, or

when shooting to retrieve crippled birds.

8. Access to Salt Slough Unit free-roam hunting area is by boat

only with a maximum speed limit of 5 mph. Prohibited boats include

air-thrust and/or inboard water-thrust types.

* * * * *

9. Section 32.25 Colorado is amended by removing and reserving

the text of paragraph D. of Alamosa National Wildlife Refuge; by

revising paragraph D of Arapaho National Wildlife Refuge; by

revising paragraphs A., B., C., and D. of Browns Park National

Wildlife Refuge; by adding the alphabetical listing of Rocky

Mountain Arsenal National Wildlife Refuge to read as follows:

Sec. 32.25 Colorado.

* * * * *

ALAMOSA NATIONAL WILDLIFE REFUGE

* * * * *

D. Sport Fishing. [Reserved]

ARAPAHO NATIONAL WILDLIFE REFUGE

* * * * *

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

refuge subject to the following conditions:

1. Fishermen may not fish between June 1 and July 31 each year.

2. Fishermen may fish only during daylight hours.

BROWNS PARK NATIONAL WILDLIFE REFUGE

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

ducks, coots, and mourning doves only in designated areas of the

refuge.

B. Upland Game Hunting. Hunters may hunt cottontail rabbits only

in designated areas of the refuge.

C. Big Game Hunting. Hunters may hunt mule deer and elk only in

designated areas of the refuge.

D. Sport Fishing. Fishermen may fish only in designated areas of

the refuge.

* * * * *

ROCK MOUNTAIN ARSENAL NATIONAL WILDLIFE REFUGE

A. Hunting of Migratory Game Birds. [Reserved]

B. Upland Game Hunting. [Reserved]

C. Big Game Hunting. [Reserved]

D. Sport Fishing. Fishermen may fish only in designated areas of

the refuge subject to the following conditions:

1. Refuge fishing permit required.

2. Fishing permitted only from sunrise to sunset from April 15

through October 15 annually.

3. Catch and release only fishing.

4. Additional refuge regulations listed in refuge fishing

regulations leaflet and fishing permits.

10. Section 32.28 Florida is amended by revising the introductory

text of paragraph D. and adding paragraph D.3.of Cedar Keys National

Wildlife; by revising paragraph D. of J.N. ``Ding'' Darling National

Wildlife Refuge; by revising paragraph D. of Lower Suwannee National

Wildlife Refuge; by revising paragraph A. of St. Marks National

Wildlife Refuge; and by adding the alphabetical listing of Ten Thousand

Islands National Wildlife Refuge to read as follows:

Sec. 32.28 Florida.

* * * * *

[[Page 38963]]

CEDAR KEYS NATIONAL WILDLIFE REFUGE

* * * * *

D. Sport Fishing. Fishermen may fish in salt water year round in

accordance with State regulations subject to the following

condition:

* * * * *

3. A 300 foot buffer zone beginning at mean high tide line and

extending into the waters around Seahorse Key closed to all public

entry from March 1 through June 30.

* * * * *

J. N. ``DING'' DARLING NATIONAL WILDLIFE REFUGE

* * * * *

D. Sport Fishing. Fishermen may fish and crab on designated

areas of the refuge subject to the following conditions:

1. Fishing permitted in refuge waters except in areas designated

as ``closed to public entry,'' and the Mangrove Head Pond, Tower

Pond, and Tarpon Bay Slough at the Bailey Tract.

2. Crabbing permitted in refuge waters except in areas

designated as ``closed to public entry.''

3. Fishermen may not take horseshoe crabs, stone crabs, or

spider crabs.

4. Fishermen may not take blue crabs for commercial purposes.

5. Sport fishermen may take blue crabs along the Wildlife Drive

only with the use of dip nets. Fishermen may not use lines, traps,

or bait on or within 150 feet of the Wildlife Drive.

6. Fishermen may use baited lines and traps within refuge waters

if such devises are continuously attended/monitored and removed at

the end of each day. Attended/monitored means that all devices used

in the capture of blue crabs must be within the immediate view of

the sport crabber.

7. Daily limit of blue crabs is 20 per person of which no more

that 10 shall be females.

* * * * *

LOWER SUWANNEE NATIONAL WILDLIFE REFUGE

* * * * *

D. Sport Fishing. Fishermen may fish in accordance with State

regulations subject to the following conditions:

1. Fishermen may take game and nongame fish only with pole and

line or rod and reel.

2. Fishermen may not take turtles and frogs.

3. Fishermen may not use boats in refuge ponds. Boats may not be

left on the refuge overnight.

* * * * *

ST. MARKS 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

condition: Permits required.

* * * * *

TEN THOUSAND ISLANDS 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

condition: Permits required.

B. Upland Game Hunting. [Reserved]

C. Big Game Hunting. [Reserved]

D. Sport Fishing. [Reserved]

11. Section 32.29 Georgia is amended by revising paragraph D.1. of

Blackbeard Island National Wildlife Refuge; by revising paragraphs D.1.

and D.3. of Harris Neck National Wildlife Refuge; and by revising

paragraph C. of Piedmont National Wildlife Refuge to read as follows:

Sec. 32.29 Georgia.

* * * * *

BLACKBEARD ISLAND NATIONAL WILDLIFE REFUGE

* * * * *

D. Sport Fishing. * * *

1. Fishermen may fish in freshwater year-round from sunrise to

sunset, except during managed deer hunts.

* * * * *

HARRIS NECK NATIONAL WILDLIFE REFUGE

* * * * *

D. Sport Fishing. * * *

1. Fishermen may fish in freshwater year-round from sunrise to

sunset, except during managed deer hunts.

* * * * *

3. Fishermen may use the Barbour River public boat ramp as

public access year-round from 4:00 a.m. to 12:00 p.m.(midnight),

daily. However, fishermen may not use the Barbour River public boat

ramp as access from 12:00 p.m.(midnight) to 4:00 a.m., daily.

* * * * *

PIEDMONT NATIONAL WILDLIFE REFUGE

* * * * *

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

turkey on designated areas of the refuge subject to the following

condition: Permits required.

* * * * *

12. Section 32.30 Hawaii is amended by revising paragraph C. of

Hakalau Forest National Wildlife Refuge to read as follows:

Sec. 32.30 Hawaii.

* * * * *

HAKALAU FOREST NATIONAL WILDLIFE REFUGE

* * * * *

C. Big Game Hunting. Hunters may hunt feral pigs and feral

cattle on designated areas of the refuge subject to the following

condition:

1. Hunters must have reservations or permits to access the

refuge from Keanakolu Road.

* * * * *

13. Section 32.32 Illinois is amended by revising paragraphs A. and

B., by revising the introductory text of paragraph C., by revising

paragraph C. 3, by adding paragraph C.5., by revising the introductory

text of paragraph D. and paragraphs D.1., D.2., D.3., D.4. and D.5. of

Crab Orchard National Wildlife Refuge; by revising paragraphs A.1.,

A.2., A.3. and the introductory text of paragraph B. of Cypress Creek

National Wildlife Refuge; by adding paragraphs A.1., A.2., C.1., and

D.4. of Emiquon National Wildlife Refuge to read as follows:

Sec. 32.32 Illinois.

* * * * *

CRAB ORCHARD NATIONAL WILDLIFE REFUGE

* * * * *

A. Hunting of Migratory Birds. Hunters may hunt waterfowl on

designated areas of the refuge in accordance with posted regulations

and subject to the following conditions.

1. Hunters may hunt waterfowl, by daily permit drawing, on the

controlled areas of Grassy Point, Carterville, and Greenbriar land

areas, plus Orchard, Sawmill, Turkey, and Grassy islands, from one-

half hour before sunrise to posted closing times each day during the

goose season. Hunters may hunt waterfowl in these areas, including

the lake shoreline, only from existing refuge blinds during the

goose season.

2. Waterfowl hunters outside the controlled goose hunting areas

may use only portable or temporary blinds. Blinds must be a minimum

of 200 yards apart and removed or dismantled at the end of each

day's hunt.

3. Goose hunters outside the controlled goose hunting area on

Crab Orchard Lake must hunt from a blind that is on shore or

anchored a minimum of 200 yards away from any shoreline.

4. Hunters may possess and use only nontoxic shot while hunting

migratory game bird species.

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

designated areas of the refuge in accordance with posted regulations

and subject to the following conditions:

1. Upland game hunting prohibited in the controlled goose

hunting areas during the goose hunting season, except furbearer

hunting permitted from sunset to sunrise.

2. Hunters may not use rifles or handguns with ammunition larger

than .22 caliber rim fire, except they may use black powder firearms

up to and including .40 caliber.

3. Hunters may possess and use only nontoxic shot while hunting

all permitted species except wild turkey. 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 in accordance with posted regulations

and subject to the following conditions:

* * * * *

3. Hunters may not hunt deer in the controlled goose hunting

areas during the goose hunting season.

* * * * *

5. Permitted hunters may use center fire ammunition for handgun

deer hunting during the handgun deer season.

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

refuge in accordance

[[Page 38964]]

with posted regulations and subject to the following conditions:

1. Crab Orchard Lake--west of Wolf Creek Road--Fishermen may

fish from boats all year. Fishermen must remove trot-lines/jugs from

sunrise until sunset from Memorial Day through Labor Day; east of

Wolf Creek Road--fishermen may fish from boats March 15 through

September 30. Fishermen may fish all year at the Wolf Creek and

Route 148 causeway areas. Fishermen must check and remove fish from

all jugs and trot lines daily. It is illegal to use stakes to anchor

any trot-lines; they must be tagged with angler's name and address.

Fishermen may use all noncommercial fishing methods except they may

not use underwater breathing apparatus. Fishermen may not use jugs

or trot-lines with any flotation device that has previously

contained any petroleum-based materials or toxic substances.

Fishermen must attach a buoyed device that is visible on the water's

surface to all trot-lines.

2. A-41, Bluegill, Blue Heron, Managers, Honkers, and Visitors

Ponds: Fishermen may fish only from sunrise to sunset March 15

through September 30. Fishermen may not use boats or flotation

devices.

3. Fishermen may not submerge any pole or similar object to take

or locate any fish.

4. Organizers of all fishing events must possess a refuge-issued

permit.

5. Fishermen may not fish within 250 yards of an occupied

waterfowl hunting blind.

* * * * *

CYPRESS CREEK NATIONAL WILDLIFE REFUGE

A. Hunting of Migratory Game Birds.* * *

1. Site specific regulations apply to dove hunting on sunflower

fields.

2. Duck hunters may not hunt on the Bellrose Waterfowl Reserve.

3. Only goose hunters allowed in Bellrose Waterfowl Reserve

following the closure of the regular duck hunting season. Special

site regulations apply.

* * * * *

B. Upland Game Hunting. Hunters may hunt bob-white quail,

rabbit, squirrel, raccoon, opossum, coyote, red fox, grey fox and

turkey (spring) on designated areas of the refuge subject to the

following conditions:

* * * * *

EMIQUON NATIONAL WILDLIFE REFUGE

A. Hunting of Migratory Game Birds.* * *

1. Only temporary structures or blinds constructed of native

materials are permitted.

2. Hunters must remove boats, decoys, and portable blinds at the

end of each day's hunt.

* * * * *

C. Big Game Hunting. * * *

1. Hunters must remove hunting stands at the end of each day's

hunt.

D. Sport Fishing. * * *

* * * * *

4. Fishermen may not sportfish in areas open to hunting during

hunting seasons.

* * * * *

14. Section 32.35 Kansas is amended by removing paragraph C.2., and

by revising paragraph D. of Flint Hills National Wildlife Refuge; by

revising paragraph D., of Kirwin National Wildlife Refuge; and by

revising paragraph D. Of Quivira National Wildlife Refuge to read as

follows:.

* * * * *

Sec. 32.35 Kansas.

* * * * *

FLINT HILLS NATIONAL WILDLIFE REFUGE

* * * * *

D. Sport Fishing. Fishermen may sportfish on designated portions

of the refuge subject to State regulations and any refuge specific

regulations as listed in the refuge brochure.

KIRWIN NATIONAL WILDLIFE REFUGE

* * * * *

D. Sport Fishing. Fishermen may sportfish on designated areas of

the refuge subject to the following conditions:

1. Fishermen may fish in accordance with the Kirwin National

Wildlife Refuge Visitor's Map and Guide.

2. Fishermen may not use motorized vehicles on the ice.

QUIVIRA NATIONAL WILDLIFE REFUGE

* * * * *

D. Sport Fishing. Fishermen may sportfish on designated portions

of the refuge subject to State regulations and any refuge specific

regulations as listed in the refuge brochure.

15. Section 32.37 Louisiana is amended by adding the alphabetical

listing of Black Bayou Lake National Wildlife Refuge; by revising

paragraph D.3., of Catahoula National Wildlife Refuge; by revising

paragraphs A., B., and C. of D'Arbonne National Wildlife Refuge; and by

revising paragraphs A., B., and C. of Upper Ouachita National Wildlife

Refuge to read as follows:

Sec. 32.37 Louisiana.

* * * * *

BLACK BAYOU LAKE NATIONAL WILDLIFE REFUGE

A. Hunting of Migratory Game Birds. [Reserved]

B. Upland Game Hunting. [Reserved]

C. Big Game Hunting. [Reserved]

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

refuge subject to the following conditions:

1. Fishermen may fish from sunrise to sunset.

2. Fishermen may not leave boats or other personal equipment on

the refuge overnight. Fishermen may launch boats only at designated

sites. Fishermen may not use boat motors greater that 50 horsepower.

3. Fishermen may not use trotlines, limb lines, yo-yos, traps or

nets.

4. Fishermen may not take frogs, turtles and mollusks.

* * * * *

CATAHOULA NATIONAL WILDLIFE REFUGE

* * * * *

D. Sport Fishing. * * *

* * * * *

3. Cowpen Bayou and the HWY 28 borrow pits open to fishing all

year.

* * * * *

D'ARBONNE NATIONAL WILDLIFE REFUGE

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

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

following condition: Permits required.

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

rabbit, raccoon and opossum on designated areas of the refuge

subject to the following condition: Permits required.

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

designated areas of the refuge subject to the following condition:

Permits required.

* * * * *

UPPER OUACHITA NATIONAL WILDLIFE REFUGE

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

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

following condition: Permits required.

* * * * *

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

rabbit, raccoon and opossum on designated areas of the refuge

subject to the following condition: Permits required.

* * * * *

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

designated areas of the refuge subject to the following condition:

Permits required.

* * * * *

16. Section 32.42 Minnesota is amended by revising paragraphs A.,

B., and adding paragraph C.4. of Minnesota Valley National Wildlife

Refuge; by revising paragraphs A., B., C., and D. of Morris Wetland

Management District; by removing paragraph C.3. and redesignating

paragraphs C.4. and C.5. as paragraphs C.3. and C.4., respectively, of

Rydell National Wildlife Refuge to read as follows:

Sec. 32.42 Minnesota.

* * * * *

MINNESOTA VALLEY NATIONAL WILDLIFE REFUGE

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

ducks, and coots on designated areas of the refuge. Permits are

required for special hunts.

B. Upland Game Hunting. Hunters may hunt upland game, except for

furbearers and crows, on designated areas of the refuge consistent

with state regulations, subject to the following conditions:

1. Hunters may only use shotguns and bows and arrows in

designated areas.

2. Hunters may only use or possess non-toxic shot.

C. Big Game Hunting. * * *

* * * * *

[[Page 38965]]

4. Hunters may not use or possess single shot projectiles

(shotgun slugs, or bullets) on the Soberg Waterfowl Production Area.

* * * * *

MORRIS WETLAND MANAGEMENT DISTRICT

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

birds is permitted throughout the district subject to the following

condition:

1. Hunters may not hunt on designated portions of the Edwards-

Long Lake Waterfowl Production Area in Stevens County.

B. Upland Game Hunting. Upland game hunting is permitted

throughout the district subject to the following condition:

1. Hunters may not hunt on designated portions of the Edwards-

Long Lake Waterfowl Production Area in Stevens County.

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

the district subject to the following condition:

1. Hunters may not hunt on designated portions of the Edwards-

Long Lake Waterfowl Production Area in Stevens County.

D. Sport Fishing. Sport fishing is permitted throughout the

district subject to the following condition:

1. Fishermen may not fish on designated portions of the Edwards-

Long Lake Waterfowl Production Area in Stevens County.

* * * * *

RYDELL NATIONAL WILDLIFE REFUGE

* * * * *

C. Big Game Hunting. * * *

* * * * *

3. Hunters may not construct or use permanent blinds, permanent

platforms, or permanent ladders. Hunters may use portable stands,

but must remove them from the refuge at the end of each day's hunt.

4. Hunters who harvest deer in the Special Permit Area must take

their deer to the refuge check station.

* * * * *

17. Section 32.43 Mississippi is amended by revising paragraphs A.,

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

paragraph A. of St. Catherine Creek National Wildlife Refuge; by

revising paragraphs A., B., and C. of Tallahatchie National Wildlife

Refuge; and by revising paragraph A. of Yazoo National Wildlife Refuge

to read as follows:

Sec. 32.43 Mississippi.

* * * * *

NOXUBEE NATIONAL WILDLIFE REFUGE

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

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

following condition: Permits required.

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

rabbit, beaver, raccoon and opossum on designated areas of the

refuge subject to the following condition: Permits required.

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

turkey on designated areas of the refuge subject to the following

condition: Permits required.

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

refuge subject to the following condition: Permits required.

* * * * *

ST. CATHERINE CREEK NATIONAL WILDLIFE REFUGE

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

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

following condition: Permits required.

* * * * *

TALLAHATCHIE NATIONAL WILDLIFE REFUGE

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

doves, migratory waterfowl, coots, snipe and woodcock on designated

areas of the refuge subject to the following condition: Permits

required.

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

rabbit, beaver, raccoon and opossum on designated areas of the

refuge subject to the following condition: Permits required.

C. Big Game Hunting. Hunters may hunt deer and turkey on

designated areas of the refuge subject to the following condition:

Permits required.

* * * * *

YAZOO NATIONAL WILDLIFE REFUGE

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

doves and waterfowl on designated areas of the refuge subject to the

following condition: Permits required.

* * * * *

18. Section 32.45 Montana is amended by revising paragraphs A., B.,

and D., of Charles M. Russell National Wildlife Refuge; by revising

paragraph B. of Hailstone National Wildlife Refuge; by removing and

reserving the text of paragraphs A., B., and C. of Halfbreed Lake

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

National Wildlife Refuge; by revising paragraph D. of Swan River

National Wildlife Refuge; by revising paragraph B. of UL Bend National

Wildlife Refuge; and by revising paragraph D. of War Horse National

Wildlife Refuge to read as follows:

Sec. 32.45 Montana.

* * * * *

CHARLES M. RUSSELL NATIONAL WILDLIFE REFUGE

A. Hunting of Migratory Game Birds. Refuge open to hunting of

migratory game birds in accordance with state law.

B. Upland Game Hunting. Hunting of upland game birds, turkey and

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

following condition:

1. Coyote hunting allowed from the first day of antelope rifle

season through March 1 annually.

* * * * *

D. Sport fishing. Refuge open to sport fishing in accordance

with state law, and as specifically designated in refuge

publications.

* * * * *

HAILSTONE NATIONAL WILDLIFE REFUGE

* * * * *

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

designated areas of the refuge subject to the following conditions:

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

nontoxic shot.

* * * * *

HALFBREED LAKE NATIONAL WILDLIFE REFUGE

A. Hunting of Migratory Game Birds. [Reserved]

B. Upland Game Hunting. [Reserved]

C. Big Game Hunting. [Reserved]

* * * * *

LAKE MASON NATIONAL WILDLIFE REFUGE

* * * * *

C. Big Game Hunting. Refuge open to big game hunting in

accordance with state law.

* * * * *

SWAN RIVER NATIONAL WILDLIFE REFUGE

* * * * *

D. Sport Fishing. Refuge open to sport fishing in accordance

with state law, and as specifically designated in refuge

publications.

UL BEND NATIONAL WILDLIFE REFUGE

* * * * *

B. Upland Game Hunting. Refuge is open to upland game hunting in

accordance with state laws, regulations and the following condition:

1. Coyote hunting allowed from the first day of antelope rifle

season through March 1 annually.

* * * * *

WAR HORSE NATIONAL WILDLIFE REFUGE

* * * * *

D. Sport Fishing. Refuge open to sport fishing in accordance with state

law, and as specifically designated in refuge publications.

19. Section 32.46 Nebraska is amended by revising paragraph C. of

Crescent Lake National Wildlife Refuge; by adding alphabetically Fort

Niobrara National Wildlife Refuge; by revising paragraph D. of

Valentine National Wildlife Refuge to read as follows:

Sec. 32.46 Nebraska.

* * * * *

[[Page 38966]]

CRESCENT LAKE NATIONAL WILDLIFE REFUGE

* * * * *

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

deer on designated areas of the refuge pursuant to State law.

* * * * *

FORT NIOBRARA NATIONAL WILDLIFE REFUGE

A. Hunting of Migratory Game Birds. [Reserved]

B. Upland Game Hunting. [Reserved]

C. Big Game Hunting. [Reserved]

D. Sport Fishing. Fishermen may fish on designated portions of

the refuge subject to state regulations and any specific regulations

as listed in refuge publications.

VALENTINE NATIONAL WILDLIFE REFUGE

* * * * *

D. Sport Fishing. Fishermen may fish on designated portions of

the refuge subject to state regulations and any specific regulations

as listed in refuge publications.

20. Section 32.47 Nevada is amended by revising paragraphs D.1.,

D.2., and removing paragraph D.3., of Sheldon National Wildlife Refuge

to read as follows:

* * * * *

Sec. 32.47 Nevada.

* * * * *

SHELDON NATIONAL WILDLIFE REFUGE

* * * * *

D. Sport Fishing. * * *

1. Fishermen may only bank fish, fish by wading, use

nonmotorized boats, float tubes and similar floatation devices in

Big Springs Reservoir, Dufurrena Ponds, and Catnip Reservoir.

Fishermen may not fish from motorized boats.

2. Only individuals 12 years of age or under, or 65 years of age

or older, or individuals who are disabled are permitted to fish in

McGee Pond.

* * * * *

21. Section 32.49 New Jersey is amended by revising paragraphs A.,

C., and D. of Wallkill River National Wildlife Refuge to read as

follows:

Sec. 32.49 New Jersey.

* * * * *

WALLKILL RIVER 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. Hunters must sign and be in possession of refuge hunting

permits at all times while hunting on the refuge.

2. Refuge hunting regulations, as listed in the hunting leaflet

for Wallkill River National Wildlife Refuge, will be in effect.

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

hunting migratory game birds.

* * * * *

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

turkeys on designated areas of the refuge subject to the following

conditions:

1. Hunters must sign and be in possession of refuge hunting

permits at all times while hunting on the refuge.

2. Refuge hunting regulations, as listed in the hunting leaflet

for Wallkill River National Wildlife Refuge, will be in effect.

D. Sport Fishing. Fishermen may sportfish on designated areas of

the refuge subject to the following conditions:

1. Fishermen may fish from canoes or cartop boats on the

Wallkill River.

2. Anglers must park in designated parking areas if accessing

the Wallkill River through refuge land.

3. Fishermen may not take frogs and/or turtles.

4. Fishermen may not fish at night.

22. Section 32.55 Oklahoma is amended by revising paragraph B. of

Deep Fork National Wildlife Refuge; by revising paragraphs A., B., and

C. of Little River National Wildlife Refuge; by removing paragraph B.3.

of Optima National Wildlife Refuge; by revising the introductory text

of paragraph B., by adding paragraph B.4., by removing paragraphs C.3.

and C.4., and redesignating paragraph C.5. as paragraph C.3. of

Tishomingo National Wildlife Refuge; by removing paragraph B.2., by

revising paragraph D.1. of Washita National Wildlife Refuge; and by

revising paragraph D.4. of Wichita Mountains National Wildlife Refuge

to read as follows:

Sec. 32.55 Oklahoma.

* * * * *

DEEP FORK NATIONAL WILDLIFE REFUGE

* * * * *

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

on portions of the refuge in accordance with state hunting

regulations subject to the following exceptions and conditions:

1. Hunters may hunt squirrels on portions of Deep Fork National

Wildlife Refuge during the state season except it is closed during

the first half of archery deer season.

2. Hunters may hunt rabbits on portions of Deep Fork National

Wildlife Refuge during the state season except it is closed from the

beginning of the archery deer season until after rifle deer season.

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

4. The refuge leaflet designates all hunting and parking areas.

* * * * *

LITTLE RIVER NATIONAL WILDLIFE REFUGE

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

(ducks) in Units 2 and 4 of the refuge subject to the following

conditions:

1. The season will open not earlier than November 15 and close

not later than December 20 each year.

2. Prohibited off-road vehicle use.

3. Hunters may not build permanent blinds.

4. Hunters may hunt only from one-half hour before sunrise until

noon each day.

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

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

following conditions:

1. Turkey hunters must obtain permits and pay fees.

2. Prohibited off-road vehicle use.

3. Hunters may hunt raccoons only from October 1 through

December 20 annually.

4. Shotgun hunters may not possess or use lead shot.

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

portions of the refuge subject to the following conditions:

1. Hunters must obtain permits and pay fees.

2. Prohibited off-road vehicle use.

* * * * *

TISHOMINGO NATIONAL WILDLIFE REFUGE

* * * * *

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

and rabbits on the Tishomingo Wildlife Management Unit of the refuge

subject to the following conditions:

* * * * *

4. Turkey hunters may only hunt during the statewide spring

shotgun season and during the fall archery season.

* * * * *

WASHITA NATIONAL WILDLIFE REFUGE

* * * * *

D. Sport Fishing. * * *

1. Fishermen may fish and frog only from March 15 through

October 14 on the Washita River and Foss Reservoir. Fishermen may

bank fish from the Lakeview Recreation Area to the Pitts Creek

Recreation Area all year.

* * * * *

WICHITA MOUNTAINS NATIONAL WILDLIFE REFUGE

* * * * *

D. Sport Fishing. * * *

* * * * *

4. Fishermen may only catch largemouth and smallmouth bass

between 13-16 inches in length, but there is no size limit on

spotted bass, with a daily creel limit of 6 (aggregate) at Lake

Elmer Thomas.

* * * * *

23. Section 32.56 Oregon is amended by adding paragraph A.6. of

Cold Springs National Wildlife Refuge; by revising paragraphs A.2.,

B.1., B.2., B.3., and D.1. of Malheur National Wildlife Refuge; by

adding paragraph A.7. of McKay Creek National Wildlife Refuge; by

adding paragraph A.6 and revising paragraph C of Umatilla National

Wildlife Refuge to read as follows:

Sec. 32.56 Oregon.

* * * * *

[[Page 38967]]

COLD SPRINGS NATIONAL WILDLIFE REFUGE

A. Hunting of Migratory Game Birds. * * *

* * * * *

6. Snipe hunters shall possess and use, while in the field, only

nontoxic shot.

* * * * *

MALHEUR NATIONAL WILDLIFE REFUGE

A. Hunting of Migratory Game Birds. * * *

* * * * *

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

nontoxic shot.

B. Upland Game Hunting. * * *

1. Hunters may hunt pheasant, quail, partridge, and rabbit from

the third Saturday in November to the end of the pheasant season in

designated areas of the Blitzen Valley east of Highway 205, and on

designated areas open to waterfowl hunting.

2. Hunters may hunt all upland game species during authorized

State seasons on the refuge area west of Highway 205 and south of

Foster Flat Road.

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

nontoxic shot when hunting on designated areas east of Highway 205.

* * * * *

D. Sport Fishing. * * *

1. Fishermen may fish year-round in the Blitzen River, East

Canal, and Mud Creek upstream from and including Bridge Creek.

Fishermen may fish in Krumbo Reservoir during the State season from

the fourth Saturday in April to the end of October.

* * * * *

McKAY CREEK NATIONAL WILDLIFE REFUGE

A. Hunting of Migratory Game Birds. * * *

* * * * *

7. Snipe hunters shall possess and use, while in the field, only

nontoxic shot.

* * * * *

UMATILLA NATIONAL WILDLIFE REFUGE

A. Hunting of Migratory Game Birds. * * *

* * * * *

6. Snipe hunters shall 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 condition:

1. Hunting by permit only.

* * * * *

24. Section 32.57 Pennsylvania is amended by adding paragraph A.3.,

by revising the introductory text of paragraph B., by revising

paragraphs B.3. and B.5., and by revising paragraphs C.1., C.2., and

C.3. of Erie National Wildlife Refuge to read as follows:

Sec. 32.57 Pennsylvania.

* * * * *

ERIE NATIONAL WILDLIFE REFUGE

A. Hunting of Migratory Game Birds. * * *

* * * * *

3. No dog training.

B. Upland Game Hunting. Hunters may hunt grouse, squirrel,

rabbit, woodchuck, pheasant, quail, raccoon, fox, skunk, opossum and

coyote on designated areas of the refuge subject to the following

conditions:

* * * * *

3. Upland game hunters must wear on head, chest and back, a

minimum of 400 square inches of blaze orange material.

* * * * *

5. Dog trainers must obtain permits.

C. Big Game Hunting. * * *

1. Hunters may hunt only from March 1 through August 31 except

for spring turkey season.

2. Hunters must remove blinds, platforms, scaffolds, and/or tree

stands from the refuge daily.

3. All deer hunters must wear on head, chest and back, a minimum

of 400 square inches of blaze orange material during antlered,

anterless and muzzleloader seasons.

* * * * *

25. Section 32.61 South Dakota is amended by revising paragraph D.

of Waubay National Wildlife Refuge to read as follows:

Sec. 32.61 South Dakota.

* * * * *

WAUBAY NATIONAL WILDLIFE REFUGE

* * * * *

D. Sport Fishing. Sport fishermen may fish on the refuge in

accordance with state law, and as specifically designated in refuge

publications.

26. Section 32.62 Tennessee is amended by revising paragraphs A.,

and D.2., and adding paragraph D.3. of Chickasaw National Wildlife

Refuge; by revising paragraphs A. and D. of Lower Hatchie National

Wildlife Refuge to read as follows:

Sec. 32.62 Tennessee.

* * * * *

CHICKASAW NATIONAL WILDLIFE REFUGE

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

coots, mourning doves, woodcock, and snipe on designated areas of

the refuge subject to the following condition: Permits required.

* * * * *

D. Sport Fishing.* * *

* * * * *

2. Fishermen may fish only from sunrise to sunset.

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

* * * * *

LOWER HATCHIE NATIONAL WILDLIFE REFUGE

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

coots, mourning doves, woodcock, and snipe on designated areas of

the refuge subject to the following condition: Permits required.

* * * * *

1D. Sport Fishing. Fishermen may fish on designated areas of the

refuge and Sunk Lake Public Use Natural Area subject to the

following conditions:

1. Only with pole and line or rod and reel.

2. Only from sunrise to sunset.

3. Fishermen may not frog or turtle.

4. Fishermen may not fish in the sanctuary areas or Sunk Lake

Public Use Natural Area from November 15 through March 15 annually.

* * * * *

27. Section 32.63 Texas is amended by revising paragraphs A.1.,

A.2., A.4., removing paragraph A.6 and redesignating paragraph A.7. as

paragraph A.6. of Anahuac National Wildlife Refuge; by adding

alphabetically the listing of Balcones Canyonlands National Wildlife

Refuge; by revising paragraphs B.2., B.3, and C. of Hagerman National

Wildlife Refuge; by revising paragraphs A.1., A.2., A.6. and adding

paragraph A.7. of McFaddin National Wildlife Refuge; and by revising

paragraphs A.1., A.2., A.5., and adding paragraph A.6. of Texas Point

National Wildlife Refuge to read as follows:

Sec. 32.63 Texas.

* * * * *

ANAHUAC NATIONAL WILDLIFE REFUGE

A. Hunting of Migratory Game Birds. * * *

1. Permits and payment of a fee required to hunt on portions of

the refuge.

2. Hunters may hunt only on designated days of the week during

the general waterfowl hunting season. Hunters may hunt on designated

areas during all days of the September teal season. Notice of

hunting days and maps depicting areas open to hunting are issued

annually in the refuge hunting brochure.

* * * * *

4. Hunters must use and be in possession of federally-approved

non-toxic shot only.

* * * * *

BALCONES CANYONLANDS NATIONAL WILDLIFE REFUGE

A. Hunting of Migratory Game Birds. [Reserved]

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

areas of the refuge subject to the following conditions:

1. Hunting will take place in December and/or January.

2. Hunters must check in and out of a hunt area.

3. Hunters may use only bows and arrows or shotguns and rifles.

4. Hunters shall be at least 12 years of age. Hunters between

the ages of 12 and 17 (inclusive) must hunt under the supervision of

an adult 21 years of age or older.

5. Bag limit must be in accordance with annual state

regulations.

6. Hunters must visibly wear 400 square inches of hunter orange

above the waist. Wearing a hunter orange hat or cap mandatory.

[[Page 38968]]

7. Hunters must obtain a refuge permit and pay a hunt fee.

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

feral hogs on designated areas of the refuge subject to the

following conditions:

1. Hunting will take place in December and/or January.

2. Hunters must check in and out of a hunt area.

3. Hunters may use only bows and arrows, or shotguns and rifles.

4. Hunters shall be at least 12 years of age. Hunters between

the ages of 12 and 17 (inclusive) must hunt under the supervision of

an adult 21 years of age or older.

5. Bag limit must be in accordance with annual state

regulations.

6. Hunters must visibly wear 400 square inches of hunter orange

above the waist. Wearing a hunter orange hat or cap mandatory.

7. Hunters must obtain a refuge permit and pay a hunt fee.

D. Sport Fishing. [Reserved]

* * * * *

HAGERMAN NATIONAL WILDLIFE REFUGE

* * * * *

B. Upland Game Hunting. * * *

* * * * *

2. Only shotguns permitted.

3. No shot larger than No. 4 shot may be brought onto the area.

* * * * *

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

feral hogs on designated areas of the refuge subject to the

following conditions:

1. Hunters may archery hunt as listed in the refuge hunt

information sheet. Hunters must obtain a refuge permit and pay a

hunt fee.

2. Firearms hunting utilizing shotguns, 20 gauge or larger,

loaded with rifled slug, permitted during a special youth hunt as

listed in the refuge hunt information sheet. Permits required.

* * * * *

MCFADDIN NATIONAL WILDLIFE REFUGE

A. Hunting of Migratory Game Birds.* * *

1. Hunters must obtain a refuge permit and pay a hunt fee to

hunt on portions of the refuge.

2. Hunters may hunt only on designated days of the week during

the general waterfowl hunting season. Hunters may hunt on designated

areas during all days of the September teal season. Notice of

hunting days and maps depicting areas open to hunting issued

annually in the refuge hunting brochure.

* * * * *

6. Hunters must use and be in possession of federally-approved

non-toxic shot only.

7. Hunters may use only airboats in accordance with guidelines

issued in the refuge hunting brochure.

* * * * *

TEXAS POINT NATIONAL WILDLIFE REFUGE

A. Hunting of Migratory Game Birds.* * *

1. Hunters may hunt only on designated days of the week during

the general waterfowl hunting season and the September teal season.

Notice of hunting days and maps depicting areas open to hunting

issued annually in the refuge hunting brochure.

2. Hunting permitted until noon.

* * * * *

5. Hunters must use and be in possession of federally-approved

non-toxic shot only.

6. Hunters may use only airboats in accordance with guidelines

issued in the refuge hunting brochure.

* * * * *

28. Section 32.64 Utah is amended by revising paragraph D. of

Ouray National Wildlife Refuge to read as follows:

Sec. 32.64 Utah.

* * * * *

OURAY NATIONAL WILDLIFE REFUGE

* * * * *

D. Sport Fishing. The refuge is open to sport fishing in

accordance with state law, and as specifically designated in refuge

publications.

29. Section 32.66 Virginia is amended by revising paragraph C.6.

and adding paragraph C.7. of Great Dismal Swamp National Wildlife

Refuge to read as follows:

Sec. 32.66 Virginia.

* * * * *

GREAT DISMAL SWAMP NATIONAL WILDLIFE REFUGE

* * * * *

C. Big Game Hunting. * * *

* * * * *

6. Hunters may not possess a loaded firearm (ammunition in the

chamber, magazine, or clip), or loaded bow on or within 50 feet of a

refuge road, including roads closed to vehicles.

7. Hunters may not shoot onto or across a refuge road, including

roads closed to vehicles.

* * * * *

30. Section 32.67 Washington is amended by revising paragraphs

A.1., A.3. A.4., A.5., A.6. and removing paragraph A.7. of McNary

National Wildlife Refuge; and by adding paragraph A.5., and revising

paragraph B.1. of Toppenish National Wildlife Refuge; by adding

paragraph A.6., by removing and reserving the text of paragraph C. of

Umatilla National Wildlife Refuge to read as follows:

Sec. 32.67 Washington.

* * * * *

MCNARY NATIONAL WILDLIFE REFUGE

A. Hunting of Migratory Game Birds. * * *

1. Hunting is by permit only on the McNary Division.

* * * * *

3. Snipe hunters shall possess and use, while in the field, only

nontoxic shot.

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 closed to hunting.

* * * * *

TOPPENISH NATIONAL WILDLIFE REFUGE

A. Hunting of Migratory Game Birds. * * *

* * * * *

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

nontoxic shot.

B. Upland Game Hunting. * * *

1. Hunters may not hunt upland game birds until noon of each

hunt day.

* * * * *

UMATILLA NATIONAL WILDLIFE REFUGE

A. Hunting of Migratory Game Birds. * * *

* * * * *

6. Snipe hunters shall possess and use, while in the field, only

nontoxic shot.

* * * * *

C. Big Game Hunting. [Reserved]

* * * * *

31. Section 32.69 Wisconsin is amended by adding the

alphabetical listing of Leopold Wetland Management District to read

as follows:

Sec. 32.69 Wisconsin.

* * * * *

LEOPOLD 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 designated portions of the Blue-wing Waterfowl Production Area in

Ozaukee County or the Wilcox Waterfowl Production Area in Waushara

County.

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

the district except that hunters may not hunt on designated portions

of the Blue-wing Waterfowl Production Area in Ozaukee County or the

Wilcox Waterfowl Production Area in Waushara County.

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

District except that hunters may not hunt on designated portions of

the Blue-wing Waterfowl Production Area in Ozaukee County or the

Wilcox Waterfowl Production Area in Waushara County.

D. Sport Fishing. [Reserved]

* * * * *

32. Section 32.70 Wyoming is amended by revising the introductory

text of paragraph C. and revising paragraph D. of National Elk Refuge;

and by revising paragraphs A., C., and D. of Seedskadee National

Wildlife Refuge to read as follows:

Sec. 32.70 Wyoming.

* * * * *

NATIONAL ELK REFUGE

* * * * *

[[Page 38969]]

C. Big Game Hunting. Hunters may hunt elk and bison on

designated areas of the refuge subject to the following conditions:

* * * * *

D. Sport Fishing. Fishermen may sport fish on the refuge in

accordance with State law, as specifically designated in refuge

publications.

* * * * *

SEEDSKADEE NATIONAL WILDLIFE REFUGE

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

game birds only on designated areas of the refuge.

* * * * *

C. Big Game Hunting. Hunters may hunt pronghorn antelope, mule

deer and moose only on designated areas of the refuge.

D. Sport Fishing. Fishermen may sport fish on the refuge only in

accordance with State law, and as specifically designated in refuge

publications.

Dated: July 9, 1997.

Donald J. Barry,

Acting Assistant Secretary for Fish and Wildlife and Parks.

[FR Doc. 97-18515 Filed 7-18-97; 8:45 am]

BILLING CODE 4310-55-P