1997-98 Refuge-Specific Hunting and Sport 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 Sport Fishing Regulations

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Final rule.

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SUMMARY: This rule adds additional national wildlife refuges to the

list of areas open for hunting and/or sport fishing, along with

pertinent refuge-specific regulations for such activities; and amends

certain regulations on other refuges that pertain to migratory game

bird hunting, upland game hunting, big game hunting and sport fishing.

DATES: This rule is effective September 9, 1997.

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

SUPPLEMENTARY INFORMATION: 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 National

Wildlife Refuge System (System) were established.

The Fish and Wildlife Service (Service) has determined uses in this

final rule are compatible with the purposes for which these refuges

were established. The Service further determined 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 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.

The Service generally closes national wildlife refuges 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:

Ensure compatibility with refuge and System 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.'' The Service issues refuge-specific hunting and

fishing regulations when opening a national wildlife refuge 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

[[Page 47373]]

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

amends these regulations to establish regulatory authority for these

lands, before establishment as a refuge and inclusion in the 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.

In the July 21, 1997, issue of the Federal Register (62 FR 38959-

38969) the Service published a proposed rulemaking identifying the

refuges, their proposed hunting and/or fishing programs and invited

public comment. The Service received the following comments based on

the proposed rule:

The Animal Protection Institute, a national animal advocacy

organization with more than 75,000 members, submitted the following

comments: Refuges were established by Theodore Roosevelt in 1903 to

protect wildlife and their habitats. As sanctuaries for rare,

threatened and endangered species, the System provides some of the last

undisturbed habitat for recovery of endangered species. Hunting is

incompatible with these goals, as it is both disruptive and poses a

danger to non-target wildlife. The System harbors 168 threatened or

endangered species, although 60 percent of refuges support activities

harmful to wildlife, according to surveys conducted by the Service and

the General Accounting Office.

The comments went on to state: The majority of people who visit

refuges do so to observe wildlife and enjoy nature. According to the

Service, of the 30 million people who visited refuges last year, 21

million visited for wildlife observation and ``just to experience

nature,'' while only 1.4 million visited to hunt. Clearly, non-

consumptive users of the System far outweigh consumptive users. Hunters

already have access to millions of acres of public lands outside the

refuges for their activities. Hikers, bird watchers, campers and

photographers should not have to fear the dangers of a stray bullet as

they enjoy our public lands or witness the maiming of the very wildlife

they have come to see. The Service should manage the System to carry

out its stated mission--to protect wildlife and wildlife habitat and to

offer people an opportunity to enjoy nature and disallow hunting on all

refuges as the practice runs contrary to these goals.

The Service received over 2,300 signed resolutions and fourteen

additional letters with similar concerns as those expressed by the

Animal Protection Institute, and one individual letter in support of

hunting on refuges.

The Service reviewed the above comments regarding a proposed

closure to hunting, trapping and/or fishing on refuges. Throughout its

history, the System has experienced misconceptions about the purpose,

mission, statutory authorities and appropriate public uses. The Service

considers annually a wide range of alternatives at each refuge while

trying to improve upon consumptive use programs with a minimum impact

to bird watchers, photographers, sportsmen, and general refuge users.

In accordance with Executive Order 12996 (Management and Public Use

of the National Wildlife Refuge System), the conservation mission and

first obligation of the System is to preserve a national network of

lands and waters for the conservation and management of fish, wildlife,

and plant resources of the United States for the benefit of present and

future generations. However, the Service recognizes wildlife-dependent

recreational activities, when compatible with the purposes for which a

refuge was established, as priority general public uses within the

System. In particular, the Service especially recognizes compatible

hunting, fishing, wildlife observation, photography, and environmental

education and interpretation.

Hunting and fishing on refuges is specifically authorized by the

National Wildlife Refuge System Administration Act and is an

acceptable, traditional form of wildlife-dependent recreation that is

used as a management tool to manipulate wildlife population levels. We

conduct recreational hunting and fishing today within limits

purposefully developed to ensure the long-term welfare and status of

several animal populations. Harvests on refuges constitute a very small

part of the overall harvest of animals in the United States. In the

case of waterfowl, the annual refuge harvest is about 2-5 percent of

the national total harvest. Sport harvest management has achieved a

high degree of scientific rigor and people throughout the world regard

the Refuge System as a leader in scientific harvest management.

Refuges provide free or low cost hunting opportunity to hunters

unable to afford the escalating costs to hunt on private lands. Hunters

alone, have bought more than $400 million in Federal ``Duck Stamps''

since 1934, sufficient to purchase nearly one-third of all refuges

outside Alaska--some 4 million acres. Refuges also serve as a focal

point for sportsmen education and the development of ethical behavior.

The Service also received a request on the behalf of The Fund for

Animals to extend the comment period on the proposal to permit bison

hunting on the National Elk Refuge. The Service has agreed to extend

the comment period to September 19, 1997 on that particular issue and

has deleted that amendment from these regulations.

This rule is effective upon publication. The Service has determined

that any further delay in implementing 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. An additional 30 day

delay 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 System for any purpose, including but not limited

to, hunting, fishing and public recreation, accommodations and access,

when he determines that 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 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

[[Page 47374]]

carry out the purposes of the Acts and regulate uses.

The Service develops hunting and sport fishing plans for each

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

we develop refuge-specific regulations 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 before 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 establish new hunting and/or fishing

openings: Rocky Mountain Arsenal, 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 angler 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 final rule will 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 before 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 ``1996

National Survey of Fishing, Hunting, and Wildlife-Associated

Recreation''. In 1996, 39 million U.S. residents 16 years old and older

hunted and/or fished. More specifically, 35.2 million fished and 14

million hunted. Those who both fished and hunted account for the 10.2

million overage. Nationwide expenditures by sportsmen totaled $72

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

transportation were $14 billion or 19.4 percent of all fishing and

hunting expenditures; equipment expenditures amounted to $44.2 billion,

or 61.4 percent of the total; other expenditures such as those for

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

licenses, stamps, tags, and permits accounted for $13.8 billion, or

19.2 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 final

regulation, 776,000 anglers 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 anglers and hunters already make such expenditures before 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

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.

Environmental Considerations

The Service ensures compliance with the National Environmental

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

and sport fishing plans, and the determinations required by NEPA are

made before 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 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

[[Page 47375]]

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. 1.4B(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 Service

offices and may be viewed by contacting the primary author noted below.

Individual refuge headquarters also retain information regarding

hunting and fishing permits and the conditions that apply to refuge

hunts, sport fishing activities, and maps of their respective areas.

You may also obtain information from the regional offices 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 amends 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. Amend Sec. 25.11 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 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 under the Rocky Mountain Arsenal Act of 1992 (Pub. L. 102-402,

106 Stat. 1961), before 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. Amend Sec. 32.7 by removing the listing of ``Kesterson National

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

alphabetical listings of ``Rocky Mountain Arsenal'' 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 National

Wildlife Refuge'' under the State of South Dakota to read ``Waubay

National Wildlife Refuge''.

5. Amend Sec. 32.20 Alabama 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. Anglers 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.

[[Page 47376]]

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

apply to all impounded refuge waters.

* * * * *

6. Amend Sec. 32.22 Arizona 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. Anglers may fish and frog in Cibola Lake only from March 15

through Labor Day.

* * * * *

7. Amend Sec. 32.23 Arkansas 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. Anglers may bowfish only from August 1 through August 31 subject

to State bowfishing regulations. Only bowfishing equipment permitted.

Anglers may not use broad heads, field points, or metal arrows.

* * * * *

8. Amend Sec. 32.24 California 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. Amend Sec. 32.25 Colorado 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 to read as follows:

Sec. 32.25 Colorado.

* * * * *

Alamosa National Wildlife Refuge

* * * * *

D. Sport Fishing. [Reserved]

Arapaho National Wildlife Refuge

* * * * *

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

refuge subject to the following conditions:

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

2. Anglers 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. Anglers may fish only in designated areas of the

refuge.

* * * * *

Rocky Mountain Arsenal

A. Hunting of Migratory Game Birds. [Reserved]

B. Upland Game Hunting. [Reserved]

C. Big Game Hunting. [Reserved]

D. Sport Fishing. Anglers 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. Amend Sec. 32.28 Florida by revising paragraph D. 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.

* * * * *

Cedar Keys National Wildlife Refuge

* * * * *

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

accordance with State regulations subject to the following condition:

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

extending into the waters around Seahorse Key will be closed to all

public entry from March 1 through June 30.

* * * * *

[[Page 47377]]

J. N. ``Ding'' Darling National Wildlife Refuge

* * * * *

D. Sport Fishing. Anglers 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. Anglers may not take horseshoe crabs, stone crabs, or spider

crabs.

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

5. Anglers may take blue crabs along the Wildlife Drive only with

the use of dip nets. Anglers may not use lines, traps, or bait on or

within 150 feet of the Wildlife Drive.

6. Anglers 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. Anglers may fish in accordance with State

regulations subject to the following conditions:

1. Anglers may take game and nongame fish only with pole and line

or rod and reel.

2. Anglers may not take turtles and frogs.

3. Anglers 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. Amend Sec. 32.29 Georgia 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. Anglers may fish in freshwater year-round from sunrise to

sunset, except during managed deer hunts.

* * * * *

Harris Neck National Wildlife Refuge

* * * * *

D. Sport Fishing. * * *

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

sunset, except during managed deer hunts.

* * * * *

3. Anglers 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, anglers 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. Amend Sec. 32.30 Hawaii 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. Amend Sec. 32.32 Illinois 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.

[[Page 47378]]

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. Anglers may fish on designated areas of the

refuge in accordance with posted regulations and subject to the

following conditions:

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

from boats all year. Anglers must remove trot-lines/jugs from sunrise

until sunset from Memorial Day through Labor Day; east of Wolf Creek

Road, and anglers may fish from boats March 15 through September 30.

Anglers may fish all year at the Wolf Creek and Route 148 causeway

areas. Anglers 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. Anglers may use all

noncommercial fishing methods except they may not use underwater

breathing apparatus. Anglers may not use jugs or trot-lines with any

flotation device that has previously contained any petroleum-based

materials or toxic substances. Anglers 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: Anglers may fish only from sunrise to sunset March 15 through

September 30. Anglers may not use boats or flotation devices.

3. Anglers 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. Anglers 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. Anglers may not sportfish in areas open to hunting during

hunting seasons.

* * * * *

14. Amend Sec. 32.35 Kansas 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. Anglers 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. Anglers may sportfish on designated areas of the

refuge subject to the following conditions:

1. Anglers may fish in accordance with the Kirwin National Wildlife

Refuge Visitor's Map and Guide.

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

Quivira National Wildlife Refuge

* * * * *

D. Sport Fishing. Anglers may sportfish on designated portions of

the refuge subject to State regulations and any refuge specific

regulations as listed in the refuge brochure.

15. Amend Sec. 32.37 Louisiana 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 the

introductory text of 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. Anglers may fish on designated areas of the

refuge subject to the following conditions:

1. Anglers may fish from sunrise to sunset.

2. Anglers may not leave boats or other personal equipment on the

refuge overnight. Anglers may launch boats only at designated sites.

Anglers may not use boat motors greater that 50 horsepower.

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

nets.

4. Anglers 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.

* * * * *

[[Page 47379]]

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. Amend Sec. 32.42 Minnesota 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, and revising them

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. * * *

* * * * *

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. Anglers 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. Amend Sec. 32.43 Mississippi 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. Anglers 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. Amend Sec. 32.45 Montana 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.

* * * * *

[[Page 47380]]

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 subject to 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. Amend Sec. 32.46 Nebraska 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.

* * * * *

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. Anglers 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. Anglers may fish on designated portions of the

refuge subject to state regulations and any specific regulations as

listed in refuge publications.

20. Amend Sec. 32.47 Nevada 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. Anglers 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. Anglers 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. Amend Sec. 32.49 New Jersey 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 be in possession of signed 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. Anglers may sportfish on designated areas of the

refuge subject to the following conditions:

1. Anglers 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. Anglers may not take frogs and/or turtles.

4. Anglers may fish from sunrise to sunset.

22. Amend Sec. 32.55 Oklahoma 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

paragraphs D.1., D.2., by removing paragraph D.4., and redesignating

paragraph D.5. as paragraph D.4. of Washita National Wildlife Refuge;

and by removing paragraph D.4., and redesignating paragraphs D.5. and

D.6. as paragraphs D.4. and D.5. 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.

[[Page 47381]]

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) on designated areas of the refuge subject to the following

conditions:

1. Prohibited off-road vehicle use.

2. Hunters may not build permanent blinds.

3. 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 during designated refuge seasons.

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

C. Big Game Hunting. Hunters may hunt deer on designated areas 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. Anglers may fish and frog only from March 15 through October 14

on the Washita River and Foss Reservoir. Anglers may bank fish from the

Lakeview Recreation Area to the Pitts Creek Recreation Area all year.

2. Access to fishing and frogging is permitted only from the

McClure, Riverside, Turkey Flat, Owl Cove, Pitts Creek and Lakeview

Recreation Areas and by boat from Foss Reservoir.

* * * * *

23. Amend Sec. 32.56 Oregon 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.

* * * * *

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. Anglers may fish year-round in the Blitzen River, East Canal,

and Mud Creek upstream from and including Bridge Creek. Anglers 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. Amend Sec. 32.57 Pennsylvania 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 September 1 through February 28

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. Amend Sec. 32.61 South Dakota 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. Anglers may fish on the refuge in accordance with

state law,

[[Page 47382]]

and as specifically designated in refuge publications.

26. Amend Sec. 32.62 Tennessee 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. Anglers may fish only from sunrise to sunset.

3. Anglers 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.

* * * * *

D. Sport Fishing. Anglers 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. Anglers may not frog or turtle.

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

Use Natural Area from November 15 through March 15 annually.

* * * * *

27. Amend Sec. 32.63 Texas 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 and on

designated areas 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.

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 and on

designated areas 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 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 and on

designated areas during the general waterfowl hunting season and the

September teal season. Notice of hunting days and maps depicting areas

open to hunting are issued annually in the refuge hunting brochure.

2. Hunting permitted until noon.

* * * * *

[[Page 47383]]

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

toxic shot only.

6. Hunters may use airboats in accordance with guidelines issued in

the refuge hunting brochure.

* * * * *

28. Amend Sec. 32.64 Utah 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. Amend Sec. 32.66 Virginia 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. Amend Sec. 32.67 Washington 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. Amend Sec. 32.69 Wisconsin 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. Amend Sec. 32.70 Wyoming by 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

* * * * *

D. Sport Fishing. Anglers 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. Anglers may sportfish on the refuge only in

accordance with State law, and as specifically designated in refuge

publications.

Dated: August 29, 1997.

Donald Barry,

Acting Assistant Secretary for Fish and Wildlife and Parks.

[FR Doc. 97-23730 Filed 9-8-97; 8:45 am]

BILLING CODE 4310-55-U