2008-2009 Refuge-Specific Hunting and Sport Fishing Regulations

Federal RegisterJun 11, 2008

Ask Donna

What actually matters in this document.

Text

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 32

RIN 1018-AU61

2008-2009 Refuge-Specific Hunting and Sport Fishing Regulations

AGENCY:

Fish and Wildlife Service, Interior.

ACTION:

Final rule.

SUMMARY:

The Fish and Wildlife Service adds one refuge to the list of areas open for sport fishing. We also amend certain regulations on other refuges that pertain to migratory game bird hunting, upland game hunting, big game hunting, and sport fishing for the 2008-2009 season.

DATES:

This rule is effective July 11, 2008.

FOR FURTHER INFORMATION CONTACT:

Leslie A. Marler, (703) 358-2397; Fax (703) 358-2248.

SUPPLEMENTARY INFORMATION:

The National Wildlife Refuge System Administration Act of 1966 closes national wildlife refuges in all States except Alaska to all uses until opened. The Secretary of the Interior (Secretary) may open refuge areas to any use, including hunting and/or sport fishing, upon a determination that such uses are compatible with the purposes of the refuge and National Wildlife Refuge System (Refuge System or our/we) mission. The action also must be in accordance with provisions of all laws applicable to the areas, developed in coordination with the appropriate State fish and wildlife agency(ies), consistent with the principles of sound fish and wildlife management and administration, and otherwise in the public interest. These requirements ensure that we maintain the biological integrity, diversity, and environmental health of the Refuge System for the benefit of present and future generations of Americans.

We annually review refuge hunting and sport fishing programs to determine whether to include additional refuges or whether individual refuge regulations governing existing programs need modifications. Changing environmental conditions, State and Federal regulations, and other factors affecting fish and wildlife populations and habitat may warrant modifications to refuge-specific regulations to ensure the continued compatibility of hunting and sport fishing programs and to ensure that these programs will not materially interfere with or detract from the fulfillment of refuge purposes or the Refuge System's mission.

Provisions governing hunting and sport fishing on refuges are in title 50 of the Code of Federal Regulations in part 32 (50 CFR part 32). We regulate hunting and sport fishing on refuges to:

• Ensure compatibility with refuge purpose(s);

• Properly manage the fish and wildlife resource(s);

• Protect other refuge values;

• Ensure refuge visitor safety; and

• Provide opportunities for quality fish and wildlife-dependent recreation.

On many refuges where we decide to allow hunting and sport fishing, our general policy of adopting regulations identical to State hunting and sport fishing regulations is adequate in meeting these objectives. On other refuges, we must supplement State regulations with more-restrictive Federal regulations to ensure that we meet our management responsibilities, as outlined in the “Statutory Authority” section. We issue refuge-specific hunting and sport fishing regulations when we open wildlife refuges to migratory game bird hunting, upland game hunting, big game hunting, or sport fishing. These regulations list the wildlife species that you may hunt or fish, seasons, bag or creel (container for carrying fish) limits, methods of hunting or sport fishing, descriptions of areas open to hunting or sport fishing, and other provisions as appropriate. You may find previously issued refuge-specific regulations for hunting and sport fishing in 50 CFR part 32. In this rulemaking, we are also standardizing and clarifying the language of existing regulations.

Plain Language Mandate

In this rule we made some of the revisions to the individual refuge units to comply with a Presidential mandate to use plain language in regulations; as such, these particular revisions do not modify the substance of the previous regulations. These types of changes include using “you” to refer to the reader and “we” to refer to the Refuge System, using the word “allow” instead of “permit” when we do not require the use of a permit for an activity, and using active voice (i.e., “We restrict entry into the refuge” vs. “Entry into the refuge is restricted”.)

Statutory Authority

The National Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 668dd-668ee, as amended by the National Wildlife Refuge System Improvement Act of 1997 [Improvement Act]) (Administration Act) and the Refuge Recreation Act of 1962 (16 U.S.C. 460k-460k-4) (Recreation Act) govern the administration and public use of refuges.

Amendments enacted by the Improvement Act built upon the Administration Act in a manner that provides an “organic act” for the Refuge System similar to those that exist for other public Federal lands. The Improvement Act serves to ensure that we effectively manage the Refuge System as a national network of lands, waters, and interests for the protection and conservation of our Nation's wildlife resources. The Administration Act states first and foremost that we focus our Refuge System mission on conservation of fish, wildlife, and plant resources and their habitats. The Improvement Act requires the Secretary, before allowing a new use of a refuge, or before expanding, renewing, or extending an existing use of a refuge, to determine that the use is compatible with the mission for which the refuge was established. The Improvement Act established as the policy of the United States that wildlife-dependent recreation, when compatible, is a legitimate and appropriate public use of the Refuge System, through which the American public can develop an appreciation for fish and wildlife. The Improvement Act established six wildlife-dependent recreational uses, when compatible, as the priority general public uses of the Refuge System. These uses are: Hunting, fishing, wildlife observation and photography, and environmental education and interpretation.

The Recreation Act authorizes the Secretary to administer areas within the Refuge System for public recreation as an appropriate incidental or secondary use only to the extent that doing so is practicable and not inconsistent with the primary purpose(s) for which Congress and the Service established the areas. The Recreation Act requires that any recreational use of refuge lands be compatible with the primary purpose(s) for which we established the refuge and not inconsistent with other previously authorized operations.

The Administration Act and Recreation Act also authorize the Secretary to issue regulations to carry out the purposes of the Acts and regulate uses.

We develop specific management plans for each refuge prior to opening it to hunting or sport fishing. In many cases, we develop refuge-specific regulations to ensure the compatibility of the programs with the purpose(s) for which we established the refuge and the Refuge System mission. We ensure

initial compliance with the Administration Act and the Recreation Act for hunting and sport fishing on newly acquired refuges through an interim determination of compatibility made at or near the time of acquisition. These regulations ensure that we make the determinations required by these acts prior to adding refuges to the lists of areas open to hunting and sport fishing in 50 CFR part 32. We ensure continued compliance by the development of comprehensive conservation plans, specific plans, and by annual review of hunting and sport fishing programs and regulations.

Response to Public Comment

In the July 24, 2006,

Federal Register

(71 FR 41864), we published a proposed rulemaking identifying refuges and their proposed hunting and/or fishing programs and invited public comments. We reviewed and considered all comments received by August 16, 2006, the end of a 30-day comment period that opened on the date of public filing (July 17, 2006). We received 24 comments on the proposed rule. We grouped the comments/responses by major issue area.

Comment 1:

A commenter asked why on Delta National Wildlife Refuge in Louisiana we are limiting “recreational fishing” to 1/2 hour before and after daylight hours as there is no such limitation for commercial trawlers and fishermen. The commenter feels it is arbitrary to exclude recreational fishermen who may wish to nightfish for red drum or speckle trout during the hot summer.

Response 1:

We close Delta NWR to all night activities, and we prohibit commercial activities on the refuge. There are several navigable waterways flowing through the interior of the refuge that are not under our jurisdiction. The State of Louisiana allows crabbing on those navigable waters but access to those areas would still be through the refuge, and thus we would prohibit access at night. All users of the refuge must abide by the same guidelines of access before and after legal sunset. We made no change to the rule as a result of this comment.

Comment 2:

Several commenters asked why DeSoto National Wildlife Refuge in Iowa had changed its policy regarding removal of tree stands for bowhunters at the end of each hunting day as opposed to at the end of each season. They enumerated the following concerns: Putting up and taking down tree stands in the dark is dangerous and unsafe; the rule will cause rifle hunters to shoot from the ground instead of using stands thus creating unsafe situations; carrying in and setting up tree stands each morning is noisy thus forecasting to the deer the arrival of hunters; it will limit the number of hunters physically able to transport their stands on a daily basis; and this change is unfair as the refuge was purchased with “Pittman-Roberts” money and would severely limit hunter access.

Response 2:

We have decided not to adopt this amendment and, for this season, we will retain the 2005-2006 regulations, which ask hunters to remove their personal property from the refuge at the end of the season. We would remind hunters to please keep in mind the impact their blind has on other hunters and ask that they leave blinds up only for the periods in which the blinds will receive that hunter's use.

DeSoto National Wildlife Refuge, which consists of land the majority of which was purchased with Migratory Bird Conservation Fund dollars, does not require the use of tree stands by hunters for deer hunting. If the hunters believe it is unsafe to put up or take down a tree stand in the dark or in daylight, or if hunters perceive that issues such as noise or physical problems limit their success, they should use other methods to hunt deer such as ground blinds or hunting within easier walking distance to parking lots, etc. We do not regulate where hunters place themselves. The refuge management acknowledges there is inherent risk in any type of activity on a refuge. We strongly promote hunter safety in all of our hunts. Rifle and bow hunters are responsible for any shot they take. During the 2005 season rifle hunts, many hunters sat on the ground, used ground blinds, or simply sat on a bucket, and we had no reported accidents by hunters. Disabled hunters, conversely, use ground blinds. When hunters place a stand on Federal land, they are effectively claiming that section of ground as their own, whether that is their intention or not. Other hunters, coming through the area scouting for a spot to hunt, see the first hunter's stand and often leave the area because it has been “claimed.” Hunters on Federal land, while in the act of hunting, have the privilege to use an area for their hunt. However, when they are through hunting, they need to leave the area unclaimed so another hunter may have the same opportunity to hunt that spot and so that the nonhunting public may view an unlittered landscape. We removed the language requiring daily removal of tree stands from DeSoto NWR's regulation.

Comment 3:

Also at DeSoto NWR, in a related comment to the tree stand issue, the commenter felt that a better rule would be to require all deer hunters to shoot a doe before they are allowed a buck, and for the refuge to return some of the refuge land that is grass back to agriculture crops, thereby keeping the deer on the refuge for the hunters and leaving a larger protion of the crops for winter food for wildlife.

Response 3:

The technique of taking a doe before a buck is used to take more does on a specific area and has no bearing on the proposed rule (the same is true about habitat on the refuge). Enforcing an “earn a buck” hunt is costly and generally used as a last resort when an area cannot sufficiently fill its allotted doe tags to effectively manage the deer population on the refuge. DeSoto NWR has had no trouble filling needed tags for the deer hunts. As far as management of habitat, DeSoto has conducted extensive public reviews, including

Federal Register

comment periods, during the creation of the station's comprehensive conservation plan (CCP) in 2001. A major portion of the CCP states the types of habitat that the refuge will support. We decided that the refuge would reduce the acres in agricultural crop ground to 475 acres by 2015. The refuge is converting cropland acreage to more natural and regionally scarce habitats such as native grasslands, riparian forests dominated by cottonwood, and moist soil/wetland plant communities. We made no changes to the rule as a result of this comment.

Comment 4:

In another comment related to DeSoto NWR, a commenter asked how our wildlife refuges can have different sets of rules concerning the application of tree stands for deer hunters in the many refuges across the country.

Response 4: For the most part, our refuge regulations are consistent with State regulations, which may reflect the variances in refuge decisions concerning changes in rules on the same issue from refuge to refuge. We also allow refuge managers the latitude to be more restrictive than the State when they deem it necessary and appropriate for their particular refuge. But differences between refuges occur even within the same State. In Montana, for example, Charles M. Russell NWR allows year-round stands, while Lee Metcalf NWR requires daily removal of stands. By this regulation, DeSoto NWR will continue to allow deer stands to remain in place for the entire season. We prefer that hunters leave them up only for the periods when they will receive regular use. We changed the regulation (see Response #2) to reflect this decision.

Comment 5:

In a comment also related to DeSoto Refuge, the commenter said that the State regulations say that any stand put up on public ground becomes public property for others to use, and that this rule has served DeSoto well and should be continued.

Response 5:

As discussed in #4 above, we adopt State regulations where we can, but we may also be more restrictive than the States. DeSoto NWR experienced many problems with this aspect of the State's policy concerning “ownership” of stands. Some hunters would erect six to eight stands to “block” an area, and very few hunters would use someone else's stand. On those rare occasions when hunters tried to use someone else's stand, we were informed that those hunters were threatened. For the reasons discussed in the comments above, we are changing the regulations to allow hunters to leave their blinds in for the season, however, we prefer that hunters limit their blind placement to those periods of regular use and only put up one blind per hunter.

Comment 6:

Several commenters requested an extension of the 30-day public comment period to gather and examine each refuge's “opening package” and to allow more thoughtful review of the proposed rule. In connection with this, one commenter felt that we were in conflict with Executive Order 12996, “Management and General Public Use of the National Wildlife Refuge System,” and the public involvement section therein and also felt that hunting programs are “generally inconsistent with refuge-specific purposes and represent an incompatible use.”

Response 6:

We disagree that the comment period is insufficient. The process of opening refuges is done in stages, with the fundamental work being done on the ground at the refuge and in the community where the program is administered. In these stages, the public is provided other opportunities to comment, for example, on the comprehensive conservation plans and the compatibility determinations. The second stage is when we publish the proposed rule in the

Federal Register

each summer for additional comment, commonly a 30-day comment period. In 2006, the proposed rule went on public file on July 17, published on July 24, and the public comment period ended August 16, 30 days after the date the document went on public file.

We make every attempt to collect all of the proposals from the refuges nationwide and process them expeditiously to maximize the time available for public review. We believe that a 30-day comment period, through the broader publication following the earlier public involvement, gives the public sufficient time to comment and allows us to establish hunting and fishing programs in time for the upcoming seasons. Many of these rules also relieve restrictions and allow the public to participate in wildlife-dependent recreational activities on a number of refuges. Even after issuance of a final rule, we accept comments, suggestions, and concerns for consideration for any appropriate subsequent rulemaking.

Concerning the comment on Executive Order 12996 (March 25, 1996) (E.O. 12996) that hunting and/or fishing programs are inconsistent with refuge-specific purposes and represent an incompatible use, E.O. 12996 helped refine the mission and guiding principles of the Refuge System. It provided directives to the Secretary of the Interior in carrying out his trustee and stewardship responsibility of the Refuge System. Regarding public involvement, E.O. 12996 stated, “The public should be given a full and open opportunity to participate in decisions regarding acquisition and management of our National Wildlife Refuges.” We believe we provide the public that opportunity, as discussed above. E.O. 12996 goes on to establish Public Use as one of the four guiding principles of the Refuge System. The President affirmed as one of these principles that “The Refuge System provides important opportunities for compatible wildlife-dependent recreational activities involving hunting, fishing, wildlife observation and photography, and environmental education and interpretation.” Further in E.O. 12996, the President directs the Secretary of the Interior “to recognize compatible wildlife-dependent recreational activities involving hunting, fishing, wildlife observation and photography, and environmental education and interpretation as priority general public uses of the Refuge System through which the American public can develop an appreciation for fish and wildlife; to provide expanded opportunities for these priority public uses within the Refuge System when they are compatible and consistent with sound principles of fish and wildlife management, and are otherwise in the public interest; [to] ensure that such priority public uses receive enhanced attention in planning and management within the Refuge System; [and to] provide increased opportunities for families to experience wildlife-dependent recreation, particularly opportunities for parents and their children to safely engage in traditional outdoor activities, such as fishing and hunting...” As discussed in this Response to Public Comment section and elsewhere in this

SUPPLEMENTARY INFORMATION

section, those refuges that have made decisions regarding hunting and/or fishing opportunities have complied with E.O. 12996 and the responsibilities and requirements mandated under the Administration Act and the Improvement Act addressing compatibility and consistency with refuge purposes. We made no changes to this rule as a result of this comment.

Comment 7:

Several commenters expressed opposition to opening refuges to hunting and fishing and believe refuges should offer safe haven for wildlife.

Response 7:

The National Wildlife Refuge System Administration Act of 1966 authorizes the Secretary to allow uses of any refuge area as long as those uses are compatible; and, in fact, the Administration Act specifically references hunting and fishing. Amendments to the Administration Act made by the National Wildlife Refuge System Improvement Act establish wildlife-dependent recreational uses as priority uses and include hunting and fishing in the definition of those uses.

The principal focus of the Improvement Act was to clearly establish a wildlife conservation mission for the Refuge System and provide managers clear direction to make determinations regarding wildlife conservation and public uses within the units of the Refuge System. The Service manages national wildlife refuges primarily for wildlife conservation, habitat protection, and biological integrity, and allows uses only when compatible with the refuge purpose(s). In passing the Improvement Act, Congress reaffirmed the System was created to conserve fish, wildlife, plants, and their habitats and would facilitate opportunities for Americans to participate in compatible wildlife-dependent recreation, including hunting and/or fishing on Refuge system lands. The Service has adopted policies and regulations implementing the requirements of the Improvement Act that refuge managers comply with when considering hunting and fishing programs. We made no changes to the rule as a result of this comment.

Comment 8:

A commenter felt the Service erred in categorically excluding the proposed rule from National Environmental Policy Act (NEPA) review and believes that an Environmental Impact Statement (EIS) should have been prepared. They

further believe that we did not follow Endangered Species Act (ESA) mandates.

Response 8:

We disagree. As discussed in

SUPPLEMENTARY INFORMATION

, we detail the steps that follow NEPA and ESA mandates. This final rule represents a compilation of a new sport fishing opening and corrects existing language for refuges listed in 50 CFR part 32. Cape May NWR has included the appropriate NEPA and ESA Section 7 compliance for the sport fishing opening package. The reference to a categorical exclusion in the proposed rule is no longer applicable to this final rule. Our NEPA compliance is the relevant environmental assessment for the sport fishing opening and the previously opened programs to which minor modifications are being made.

Comment 9:

A commenter felt that members of the nonhunting public would be “cumulatively impacted by the Service's vast expansion of hunting on refuges, because these nonhunters are foreclosed from enjoying refuges during hunting seasons due to the possibility of being shot at or viewing wounded birds or animals, thus limiting the recreational opportunities the refuges afford nonconsumptive recreationalists.”

Response 9:

When we decide to open a refuge to any activity, we consider the impacts on and interrelationships of all users. The time that refuges are open to hunting as opposed to activities for nonconsumptive recreationalists is very limited, and we would restrict those areas where we allow hunting during those limited hunting seasons to hunters only, to avoid any possibility of visitors “being shot at.” Also, we stress the importance of game retrieval with hunters so the likelihood of “viewing wounded birds or animals” would be extremely slim. Many refuges even allow dogs to accompany the hunter for just that purpose. We made no changes to the rule as a result of this comment.

Modifications From the Proposed Rule

In light of a U.S. District Court decision issued August 31, 2006, we made some changes to the rule as proposed on July 24, 2006, in the

Federal Register

(71 FR 41864). Pending completion of additional analysis, we are withdrawing from this rule the following: the opening of the hunting program at the new national wildlife refuge, Hamden Slough in Minnesota; and the expansion of activities at the following national wildlife refuges: Agassiz in Minnesota; Blackwater in Maryland; Whittlesey Creek in Wisconsin; and Upper Ouachita, Bayou Cocodrie, and Tensas River in Louisiana and the associated regulations dealing with those activities. Finally, we are removing the proposed modifications for Upper Mississippi River National Wildlife and Fish Refuge in the State of Minnesota published in the

Federal Register

on July 24, 2006 (71 FR 41864). On June 28, 2007, we published a proposed rule (72 FR 35380) in the

Federal Register

identifying amendments to the refuge-specific regulations for Upper Mississippi River National Wildlife and Fish Refuge and invited comments for 30 days. On September 7, 2007, we published a final rule (72 FR 51534) in the

Federal Register

amending the regulations for this refuge.

Unchanged Elements From the Proposed Rule

The new sport fishing program at Cape May NWR in New Jersey remains in the rule as does a new listing for Holt Collier NWR (offering upland and big game hunting) in Mississippi, as it was created from the existing Yazoo NWR where the hunts had been opened previously. We are modifying the list of refuges in part 32 to reflect the four wetland management districts that are open to all four activities in Montana: Black Coulee, Creedman Coulee, Hewitt Lake, and Lake Thibadeau. Finally, we are correcting the administrative errors in 50 CFR part 32. We discuss all of these actions later in this preamble under “Changes to 2008-2009 Hunting and Sport Fishing Season.”

Curtailment of Fishing at Midway Atoll National Wildlife Refuge

On June 15, 2006, Presidential Proclamation 8031 established the Northwestern Hawaiian Islands Marine National Monument, which also encompasses the Hawaiian Islands National Wildlife Refuge and the Midway Atoll National Wildlife Refuge/Battle of Midway National Memorial. In the context of this Proclamation only, we hereby prohibit sport fishing within the Midway Atoll Special Management Area. This proclamation and its implementation does not set a precedent or otherwise establish policy for other refuges within the National Wildlife Refuge System.

Changes to the 2008-2009 Hunting and Sport Fishing Season

In preparation for new openings, we prepare and approve, at the appropriate Regional Office and in Washington, documentation of National Environmental Policy Act (NEPA) and the Endangered Species Act; and we consult with the State and, where appropriate, Tribal wildlife management agency. The Regional Director certifies that the opening of Cape May National Wildlife Refuge (State of New Jersey) to sport fishing has been found to be compatible with the purpose(s) for which the refuge was established and the Refuge System mission. Copies of the compatibility determinations for this refuge are available by request to the Regional office noted under the heading “Available Information for Specific Refuges.”

Table 1 summarizes our changes for the 2008-2009 season.

Table 1.—Changes for 2008-2009 Hunting/Fishing Season

National wildlife refuge

State

Migratory bird hunting

Upland hunting

Big game hunting

Fishing

Cape May

NJ

Previously published

Previously published

B.

Holt Collier

MS

A

A

Black Coulee

MT

Previously published

Previously published

C

Creedman Coulee

MT

Previously published

C

C

Hewitt Lake

MT

Previously published

C

C

Lake Thibadeau

MT

Previously published

C

C

A = Refuge was created from existing land that was part of Yazoo NWR Complex, which was already open to all 3 hunting opportunities in 50 CFR.

B = Refuge already listed, added fishing.

C = Refuge opened to activity in past but omitted from 50 CFR due to administrative oversight.

Some refuges that are already open to hunting activities will be modifying recreational opportunities, which will result in new hunting days (discussed in the economic analysis section in following pages). A summary of these

modified opportunities on refuges follow: Washita NWR (OK) will increase its hunting season by 9 additional days; Trinity River NWR (TX) will be open to archery hunting; Agassiz NWR (MN) has initiated a youth hunt, opened to archery hunting, and has extended the muzzleloader deer hunting season; Tensas River NWR (LA) will increase the time period for the youth deer hunt and will add a deer hunt for the physically challenged; and Lake Alice NWR (ND) will be allowing the use of motorized boats while hunting waterfowl.

Lands acquired as “waterfowl production areas” under the Migratory Bird Hunting and Conservation Stamp Act (16 U.S.C. 718d(c)), which we generally manage as part of wetland management districts, are open to the hunting of migratory game birds, upland game, big game, and sport fishing subject to the provisions of State law and regulations (see 50 CFR 32.1 and 32.4). We are adding these existing wetland management districts (WMDs) to the list of refuges open for all four activities in 50 CFR part 32 this year: Benton Lake WMD, Bowdoin WMD, Charles M. Russell WMD, Northeast Montana WMD, and Northwest Montana WMD, all in the State of Montana.

We are correcting administrative errors in 50 CFR part 32. We are correctly reflecting hunting opportunities for four refuges in the State of Montana (Black Coulee, Creedman Coulee, Hewitt Lake, and Lake Thibadeau). These refuges were open to all three hunting activities in the 1983 CFR. The publication of a final rule (49 FR 36737, September 19, 1984), which codified the 1984 CFR with administrative technical amendments, resulted in these four refuges being mistakenly dropped from the upland and/or big game hunting lists. We are now correcting those errors for these refuges.

This document codifies in the Code of Federal Regulations all of the Service's hunting and/or sport fishing regulations that are applicable at Refuge System units previously opened to hunting and/or sport fishing. We are doing this to better inform the general public of the regulations at each refuge, to increase understanding and compliance with these regulations, and to make enforcement of these regulations more efficient. In addition to now finding these regulations in 50 CFR part 32, visitors to our refuges will usually find them reiterated in literature distributed by each refuge or posted on signs.

We have cross-referenced a number of existing regulations in 50 CFR parts 26, 27, and 32 to assist hunting and sport fishing visitors with understanding safety and other legal requirements on refuges. This redundancy is deliberate, with the intention of improving safety and compliance in our hunting and sport fishing programs.

We incorporate these regulations into 50 CFR part 32. Part 32 contains general provisions and refuge-specific regulations for hunting and sport fishing on refuges.

Fish Advisory

For health reasons, anglers should review and follow State-issued consumption advisories before enjoying recreational sport fishing opportunities on Service-managed waters. You can find information about current fish consumption advisories on the Internet at:

http://www.epa.gov/ost/fish/

.

Regulatory Planning and Review

In accordance with the criteria in Executive Order (E.O.) 12866, the Service asserts that this rule is not a significant regulatory action. The Office of Management and Budget (OMB) makes the final determination under E.O. 12866.

a. This rule will not have an annual economic effect of $100 million or adversely affect an economic sector, productivity, jobs, the environment, or other units of the government. A cost-benefit and full economic analysis is not required. However, a brief assessment follows to clarify the costs and benefits associated with this rule.

The purpose of this rule is to add one refuge to the list of areas open for sport fishing, to correct 50 CFR part 32 reflecting administrative changes, and to make minor changes to the existing regulations in part 32. In many instances, updates to part 32 are clarifying current practices on individual refuges. As such, many of the updates will not impact the status quo of recreational opportunities on refuges. Only those updates that may impact the status quo are addressed in this section.

Sport fishing and hunting are two of the wildlife-dependent uses of national wildlife refuges that Congress recognizes as legitimate and appropriate, and we should facilitate their pursuit, subject to such restrictions or regulations as may be necessary to ensure their compatibility with the purpose(s) of each refuge. Many of the 547 existing national wildlife refuges already have programs which allow sport fishing and hunting. Not all refuges have the necessary resources and landscape that would make sport fishing and hunting opportunities available to the public.

Cape May NWR (State of New Jersey) will be added to the list of areas open for sport fishing. Cape May NWR is the only refuge that will be newly added to the list of areas opened. This addition will result in an increase in the number of fishing days.

We are correcting the following administrative errors in 50 CFR part 32. The publication of a 1984 final rule (49 FR 36737, September 19, 1984), which codified the 1984 CFR with administrative technical amendments, resulted in four refuges (Black Coulee, Creedman Coulee, Hewitt Lake, and Lake Thibadeau NWRs all in the State of Montana) being mistakenly dropped from the upland and/or big game hunting lists. This rule corrects this error reflecting those hunting opportunities. There are no new economic impacts resulting from this correction because recreational activities never ceased at those refuges.

We will establish Holt Collier NWR (State of Mississippi) as a separate refuge. Because it was formerly part of the Yazoo NWR complex and recreational activities will not increase, we expect no new economic impacts to result.

We generally manage lands acquired as “waterfowl production areas” under the Migratory Bird Hunting and Conservation Stamp Act (16 U.S.C. 718d(c) as part of wetland management districts (WMDs). These WMDs are open to the hunting of migratory game birds, upland game, big game, and sport fishing subject to the provisions of State law and regulations (see 50 CFR 32.1 and 32.4). We are adding these existing WMDs, all in the State of Montana, to the list of refuges open for all four activities in part 32 this year: Benton Lake WMD, Bowdoin WMD, Charles M. Russell WMD, Northeast Montana WMD, and Northwest Montana WMD. We do not expect any change in visitation rates at these wetland management districts because recreationists currently have the option to participate in these activities. Therefore, there are no new economic impacts from the addition of these wetland management districts to the list in 50 CFR part 32.

Some refuges that are already open to hunting activities will be modifying recreational opportunities, which will result in new hunting days. A summary of these modified opportunities follow: Washita NWR (OK) will increase its hunting season by 9 additional days; Trinity River NWR (TX) will be open to archery hunting; Agassiz NWR (MN) has initiated a youth hunt, opened to archery hunting, and has extended the muzzleloader deer hunting season;

Tensas River NWR (LA) will increase the time period for the youth deer hunt and will add a deer hunt for the physically challenged; and Lake Alice NWR (ND) will be allowing the use of motorized boats while hunting waterfowl. The potential impacts of these recreational opportunities are discussed below in the

Benefits Accrued

section.

In some cases, the changes to part 32 will not impact the opportunity to hunt or fish. Instead, these changes will impact the quality of the hunting or sport fishing experience. These impacts are discussed qualitatively below.

Costs Incurred

Costs incurred by this regulation would be minimal, if any. We expect any law enforcement or other refuge actions related to recreational activities to be included in any usual monitoring of the refuge. Therefore, we expect any costs to be negligible.

A number of refuges will be requiring the use of nontoxic shot for turkey hunting. Hunters that use toxic shot will be negatively impacted by this requirement because nontoxic shot is more expensive and does not travel the same distance or with the same trajectory as toxic shot. The number of hunters currently using toxic shot is unknown. Therefore, the impact of this requirement is unknown. While this change may negatively impact some hunters, it will not affect the opportunity to hunt on the refuges.

A number of refuges will be requiring personal property (i.e., decoys, blinds, boats, etc.) to be removed from the refuge property at the end of each day. In addition, a few refuges will be prohibiting hunters from entering the refuge until a specified time of day. The inconveniences caused by these changes may have a negative impact on the hunter's or angler's experience. However, these changes will not affect the opportunity to hunt or fish on the refuges.

Benefits Accrued

Benefits from this regulation would be derived from the new fishing and hunting days from opening the refuges to these activities. If the refuges establishing or modifying new fishing and hunting programs were a pure addition to the current supply of such activities, there would be an estimated increase of 840 user days of hunting and 500 user days of fishing (Table 2). These new fishing and hunting days would generate: (1) Consumer surplus

1

, and (2) expenditures associated with fishing and hunting on the refuges.

1

The difference between the total value people receive from the consumption of a particular good and the total amount they pay for the good.

Table 2.—Estimated Change in Fishing and Hunting Opportunities in 2008/09

Refuge

Current hunting and/or fishing days

(FY04)

Additional fishing days

Additional

hunting days

Total additional fishing and

hunting days

Agassiz (MN)

740

110

110

Cape May (NJ)

8,550

500

500

Lake Alice (ND)

1,380

600

600

Tensas River (LA)

28,850

25

25

Trinity River (TX)

3,320

30

30

Washita (OK)

28,818

75

75

Total Days Per Year

71,658

500

840

1,340

Assuming the new days are a pure addition to the current supply, the additional days would create consumer surplus of $65,342 annually ([500 days × $48.92 CS per day] + [840 days × $48.67 CS per day]) (Table 3). However, the participation trend is flat in fishing and hunting activities because the number of Americans participating in these activities has been stagnant since 1991. Any increase in the supply of these activities introduced by adding refuges where the activity is available will most likely be offset by other sites losing participants, especially if the new sites have higher quality fishing and/or hunting opportunities. Therefore, the additional consumer surplus is likely to be smaller.

Table 3.—Estimated Change in Annual Consumer Surplus From Additional Fishing and Hunting Opportunities in 2008/09 (2005 $)

Fishing

Hunting

Total fishing

and hunting

Total Additional Days

500

840

1,340

Avg. Consumer Surplus per Day

2

$48.92

$48.67

Change in Total Consumer Surplus

$24,460

$40,882

$65,342

2

Due to the unavailability of consistent consumer surplus estimates for these various site-specific activities, we use benefit transfer. We use national average consumer surplus estimates for fishing and for hunting for this analysis. The estimates are from: Pam Kaval and John Loomis, “Updated Outdoor Recreation Use Values with Emphasis on National Park Recreation,” October 2003.

In addition to benefits derived from consumer surplus, this rule would also have benefits from the recreation-related expenditures. Due to the unavailability of site-specific expenditure data, we use the national estimates from the 2001 National Survey of Fishing, Hunting, and Wildlife Associated Recreation to identify expenditures for food and lodging, transportation, and other incidental expenses. Using the average expenditures for these categories with

the maximum expected additional participation on the Refuge System yields $35,248 in fishing-related expenditures and $83,604 in hunting-related expenditures (Table 4).

Table 4.—Estimation of the Additional Expenditures With Modification of Activities on Refuges and the Opening of 1 Refuge to Sport Fishing for 2008/09

U.S. total

expenditures

in 2001

Average

expenditures

per day

Current refuge

expenditures

w/o duplication

(FY2004)

Possible

additional

refuge

expenditures

Fishing:

Total Days Spent

557 Mil

7,045,382

500

Total Expenditures

39.3 Bil

$70

$496,671,534

$35,248

Trip Related

16.2 Bil

$29

$204,287,312

$14,498

Food and Lodging

6.5 Bil

$12

$81,974,145

$5,818

Transportation

3.9 Bil

$7

$49,005,482

$3,478

Other

5.8 Bil

$10

$73,307,685

$5,203

Hunting:

Total Days Spent

228 Mil

2,378,813

840

Total Expenditures

22.7 Bil

$100

$236,759,998

$83,604

Trip Related

5.8 Bil

$25

$60,334,509

$21,305

Food and Lodging

2.7 Bil

$12

$28,142,621

$9,938

Transportation

2.0 Bil

$9

$20,554,019

$7,258

Other

1.1 Bil

$5

$11,637,870

$4,110

By having ripple effects throughout the economy, these direct expenditures are only part of the economic impact of waterfowl hunting. Using a national impact multiplier for hunting activities (2.73) derived from the report “Economic Importance of Hunting in America” and a national impact multiplier for sportfishing activities (2.79) from the report “Sportfishing in America” for the estimated increase in direct expenditures yields a total economic impact of approximately $327,000 (2005 dollars) (Southwick Associates, Inc., 2003). (Using a local impact multiplier would yield more accurate and smaller results. However, we employed the national impact multiplier due to the difficulty in developing local multipliers for each specific region.)

Since we know that most of the fishing and hunting occurs within 100 miles of a participant's residence, then it is unlikely that most of this spending would be “new” money coming into a local economy. Therefore, this spending would be offset with a decrease in some other sector of the local economy. The net gain to the local economies would be no more than $327,000, and most likely considerably less. Since 80 percent of the participants travel less than 100 miles to engage in hunting and sport fishing activities, their spending patterns would not add new money into the local economy and, therefore, the real impact would be on the order of $65,000 annually.

In summary, we estimate that the additional fishing and hunting opportunities would yield approximately $65,000 in consumer surplus and $65,000 in recreation-related expenditures annually. The 10-year quantitative benefit for this rule would be $653,000 ($574,000 discounted at 3 percent or $491,000 discounted at 7 percent).

b. This rule will not create inconsistencies with other agencies' actions. This action pertains solely to the management of the Refuge System. The sport fishing and hunting activities located on national wildlife refuges account for approximately 1 percent of the available supply in the United States. Any small, incremental change in the supply of sport fishing and hunting opportunities will not measurably impact any other agency's existing programs.

c. This rule will not materially affect entitlements, grants, user fees, loan programs, or the rights and obligations of their recipients. This rule does not affect entitlement programs. There are no grants or other Federal assistance programs associated with public use of national wildlife refuges.

d. This rule will not raise novel legal or policy issues. This rule makes minor changes to existing regulations in 50 CFR part 32 and corrects some administrative errors. This rule continues the practice of allowing recreational public use of national wildlife refuges. Many refuges in the Refuge System currently have opportunities for the public to hunt and fish on refuge lands.

Regulatory Flexibility Act

Under the Regulatory Flexibility Act (as amended by the Small Business Regulatory Enforcement Fairness Act [SBREFA] of 1996) (5 U.S.C. 601,

et seq.

), whenever a Federal agency is required to publish a notice of rulemaking for any proposed or final rule, it must prepare and make available for public comment a regulatory flexibility analysis that describes the effect of the rule on small entities (i.e., small businesses, small organizations, and small government jurisdictions). However, no regulatory flexibility analysis is required if the head of an agency certifies that the rule would not have a significant economic impact on a substantial number of small entities. Thus, for a regulatory flexibility analysis to be required, impacts must exceed a threshold for “significant impact” and a threshold for a “substantial number of small entities.” See 5 U.S.C. 605(b). SBREFA amended the Regulatory Flexibility Act to require Federal agencies to provide a statement of the factual basis for certifying that a rule would not have a significant economic impact on a substantial number of small entities.

This rule establishes a fishing program on one refuge and modifies recreational opportunities at several other refuges. As a result, opportunities for wildlife-dependent recreation on national wildlife refuges will increase. The changes in the amount of allowed use(s) are likely to increase visitor activity on these national wildlife refuges. However, as stated in the

Regulatory Planning and Review

section, this is likely to be a substitute site for the activity and not necessarily an increase in participation rates for the

activity. To the extent visitors spend time and money in the area of the refuge that they would not have spent there anyway, they contribute new income to the regional economy and benefit local businesses.

Many small businesses within the retail trade industry (such as hotels, gas stations, taxidermy shops, bait and tackle shops, etc.) may benefit from some increased refuge visitation. A large percentage of these retail trade establishments in the majority of affected counties qualify as small businesses (Table 5).

We expect that the incremental recreational opportunities will be scattered, and so we do not expect that the rule will have a significant economic effect (benefit) on a substantial number of small entities in any region or nationally. Using the estimate derived in the

Regulatory Planning and Review

section, we expect approximately $65,000 to be spent in total in the refuges' local economies. The maximum increase ($327,000 if all spending were new money) at most would be less than 1 percent for local retail trade spending (Table 5).

Table 5.—Comparative Expenditures for Retail Trade Associated With Additional Refuge Visitation for 2008/2009 (Thousands, 2005 Dollars)

Refuge/county(ies)

Retail trade in 2002

Estimated

maximum

addition from

new activities

Addition as a

percent of

total

Total number

retail

establish.

Establish.

with 10 emp.

Agassiz:

Marshall, MN

$77,841

$5

0.007

43

35

Cape May:

Cape May, NJ

1,501,452

25

0.002

776

633

Lake Alice:

Ramsey, ND

211,203

15

0.007

98

69

Towner, ND

10,819

15

0.135

15

14

Tensas River:

Franklin, LA

199,210

0

0.0002

83

63

Madison, LA

75,763

0

0.001

42

31

Tensas, LA

23,183

0

0.002

26

22

Trinity River:

Liberty, TX

686,415

2

0.0002

204

155

Washita:

Custer, OK

324,161

4

0.001

161

120

With the small increase in overall spending anticipated from this rule, it is unlikely that a substantial number of small entities will have more than a small benefit from the increased spending near the affected refuges. Therefore, we certify that this rule will not have a significant economic effect on a substantial number of small entities as defined under the Regulatory Flexibility Act (5 U.S.C. 601

et seq.

). An initial/final Regulatory Flexibility Analysis is not required. Accordingly, a Small Entity Compliance Guide is not required.

Small Business Regulatory Enforcement Fairness Act

The rule is not a major rule under 5 U.S.C. 804(2), the Small Business Regulatory Enforcement Fairness Act. We anticipate no significant employment or small business effects. This rule:

a. Will not have an annual effect on the economy of $100 million or more. The additional fishing and hunting opportunities at these refuges would generate angler and hunter expenditures with an economic impact estimated at $327,000 per year (2005 dollars). Consequently, the maximum benefit of this rule for businesses both small and large would not be sufficient to make this a major rule. The impact would be scattered across the country and would most likely not be significant in any local area.

b. Will not cause a major increase in costs or prices for consumers, individual industries, Federal, State, or local government agencies, or geographic regions. This rule would have only a slight effect on the costs of hunting and sport fishing opportunities for Americans. Under the assumption that any additional hunting and sport fishing opportunities would be of high quality, participants would be attracted to the refuge. If the refuge were closer to the participants' residences, then a reduction in travel costs would occur and benefit the participants. The Service does not have information to quantify this reduction in travel cost but assumes that, since most people travel less than 100 miles to hunt and fish, the reduced travel cost would be small for the additional days of hunting and sport fishing generated by this rule. We do not expect this rule to affect the supply or demand for sport fishing and hunting opportunities in the United States and, therefore, it should not affect prices for sport fishing and hunting equipment and supplies, or the retailers that sell equipment. Additional refuge hunting and sport fishing opportunities would account for less than 0.001 percent of the available opportunities in the United States.

c. Will not have significant adverse effects on competition, employment, investment, productivity, innovation, or the ability of United States-based enterprises to compete with foreign-based enterprises. This rule represents only a small proportion of recreational spending of a small number of affected anglers and hunters, approximately a maximum of $327,000 annually in impact. Therefore, this rule would have no measurable economic effect on the wildlife-dependent industry, which has annual sales of equipment and travel expenditures of $72 billion nationally. Refuges that establish hunting and sport fishing programs may hire additional staff from the local community to assist with the programs, but this would not be a significant increase because we are opening only one refuge to sport fishing and modifying opportunities at several other refuges.

Unfunded Mandates Reform Act

Since this rule would apply to public use of federally owned and managed refuges, it would not impose an unfunded mandate on State, local, or Tribal governments or the private sector of more than $100 million per year. The

rule would not have a significant or unique effect on State, local, or Tribal governments or the private sector. A statement containing the information required by the Unfunded Mandates Reform Act (2 U.S.C. 1531

et seq.

) is not required.

Takings (E.O. 12630)

In accordance with E.O. 12630, this rule would not have significant takings implications. This regulation would affect only visitors at national wildlife refuges and describe what they can do while they are on a refuge.

Federalism (E.O. 13132)

As discussed in the Regulatory Planning and Review and Unfunded Mandates Reform Act sections above, this rule would not have sufficient Federalism implications to warrant the preparation of a Federalism Assessment under E.O. 13132. In preparing this rule, we worked with State governments.

Civil Justice Reform (E.O. 12988)

In accordance with E.O. 12988, the Office of the Solicitor has determined that the rule would not unduly burden the judicial system and that it meets the requirements of sections 3(a) and 3(b)(2) of the Order. The regulation would clarify established regulations and result in better understanding of the regulations by refuge visitors.

Energy Supply, Distribution, or Use (E.O. 13211)

On May 18, 2001, the President issued E.O. 13211 on regulations that significantly affect energy supply, distribution, and use. E.O. 13211 requires agencies to prepare Statements of Energy Effects when undertaking certain actions. Because this rule would add one refuge to the list of areas open for sport fishing and modify activities at several other refuges, it is not a significant regulatory action under E.O. 12866 and is not expected to significantly affect energy supplies, distribution, and use. Therefore, this action is a not a significant energy action and no Statement of Energy Effects is required.

Consultation and Coordination With Indian Tribal Governments (E.O. 13175)

In accordance with E.O. 13175, we have evaluated possible effects on federally recognized Indian tribes and have determined that there are no effects. We coordinate recreational use on national wildlife refuges with Tribal governments having adjoining or overlapping jurisdiction before we propose the regulations.

Paperwork Reduction Act

The Office of Management and Budget has approved our collection of information associated with special use permits used by refuges outside of Alaska and assigned OMB Control Number is 1018-0102. See 50 CFR 25.23 for information concerning that approval. An agency may not conduct or sponsor and a person is not required to respond to a collection of information unless it displays a currently valid OMB control number. We will seek further OMB approval for other necessary information collection.

Endangered Species Act Section 7 Consultation

In preparation for new openings, we comply with Section 7 of the Endangered Species Act. Copies of the Section 7 evaluations may be obtained by contacting the regions listed under

Available Information for Specific Refuges

. For the proposal to open Cape May National Wildlife Refuge, we have determined the actions will have no effect on any listed species or critical habitat.

We also comply with Section 7 of the ESA when developing Comprehensive Conservation Plans (CCPs) and step-down management plans for public use of refuges, and prior to implementing any new or revised public recreation program on a refuge as identified in 50 CFR 26.32.

National Environmental Policy Act

We analyzed this rule in accordance with the criteria of the National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4332(C)) and 516 Departmental Manual (DM) 6, Appendix 1. This rule does not constitute a major Federal action significantly affecting the quality of the human environment. An environmental impact statement/assessment is not required.

Concerning the action that is the subject of this rulemaking (opening Cape May National Wildlife Refuge in New Jersey to fishing), NEPA was complied with at the project level where this proposal was developed.

Prior to the addition of a refuge to the list of areas open to sport fishing in 50 CFR part 32, we developed a fishing plan for the affected refuge. We incorporate this proposed refuge fishing activity in the refuge CCPs and/or other step-down management plans, pursuant to our refuge planning guidance in 602 Fish and Wildlife Service Manual (FW) 1, 3, and 4. We prepared CCPs and step-down plans in compliance with section 102(2)(C) of NEPA, and the Council on Environmental Quality's regulations for implementing NEPA in 40 CFR parts 1500-1508. We invite the affected public to participate in the review, development, and implementation of these plans. Copies of all plans and NEPA compliance are available from the refuge at the addresses provided below. The modifications of existing public use hunting and fishing programs are all minor in nature and fall within the relevant NEPA compliance prepared for the programs initially and also would fall within the category of minor modifications excluded from further NEPA consideration described in 516 DM 6, Appendix 1, 1.4A (1, 7, and 9).

Available Information for Specific Refuges

Individual refuge headquarters retain information regarding public use programs and conditions that apply to their specific programs and maps of their respective areas. If the specific refuge you are interested in is not mentioned below, then contact the appropriate Regional offices listed below:

Region 1—California, Hawaii, Idaho, Nevada, Oregon, and Washington. Regional Chief, National Wildlife Refuge System, U.S. Fish and Wildlife Service, Eastside Federal Complex, Suite 1692, 911 N.E. 11th Avenue, Portland, OR 97232-4181; Telephone (503) 231-6214.

Region 2—Arizona, New Mexico, Oklahoma, and Texas. Regional Chief, National Wildlife Refuge System, U.S. Fish and Wildlife Service, Box 1306, 500 Gold Avenue, Albuquerque, NM 87103; Telephone (505) 248-7419.

Region 3—Illinois, Indiana, Iowa, Michigan, Minnesota, Missouri, Ohio, and Wisconsin. Regional Chief, National Wildlife Refuge System, U.S. Fish and Wildlife Service, 1 Federal Drive, Federal Building, Fort Snelling, Twin Cities, MN 55111; Telephone (612) 713-5401.

Region 4—Alabama, Arkansas, Florida, Georgia, Kentucky, Louisiana, Mississippi, North Carolina, Tennessee, South Carolina, Puerto Rico, and the Virgin Islands. Regional Chief, National Wildlife Refuge System, U.S. Fish and Wildlife Service, 1875 Century Boulevard, Atlanta, GA 30345; Telephone (404) 679-7166. Holt Collier National Wildlife Refuge, 728 Yazoo Refuge Road, Hollandale, MI 38748; Telephone (662) 839-2638.

Region 5—Connecticut, Delaware, District of Columbia, Maine, Maryland, Massachusetts, New Hampshire, New Jersey, New York, Pennsylvania, Rhode Island, Vermont, Virginia and West Virginia. Regional Chief, National Wildlife Refuge System, U.S. Fish and Wildlife Service, 300 Westgate Center

Drive, Hadley, MA 01035-9589; Telephone (413) 253-8306. Cape May National Wildlife Refuge, 24 Kimbles Beach Road, Cape May Court House, NJ 08210; Telephone (609) 463-0994.

Region 6—Colorado, Kansas, Montana, Nebraska, North Dakota, South Dakota, Utah, and Wyoming. Regional Chief, National Wildlife Refuge System, U.S. Fish and Wildlife Service, 134 Union Blvd., Lakewood, CO 80228; Telephone (303) 236-8145.

Region 7—Alaska. Regional Chief, National Wildlife Refuge System, U.S. Fish and Wildlife Service, 1011 E. Tudor Rd., Anchorage, AK 99503; Telephone (907) 786-3545.

Primary Author

Leslie A. Marler, Management Analyst, Division of Conservation Planning and Policy, National Wildlife Refuge System, is the primary author of this rulemaking document.

List of Subjects in 50 CFR Part 32

Fishing, Hunting, Reporting and recordkeeping requirements, Wildlife, Wildlife refuges.

For the reasons set forth in the preamble, we amend title 50, Chapter I, subchapter C of the Code of Federal Regulations as follows:

PART 32—[AMENDED]

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

Authority:

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

2. Amend § 32.7, “What refuge units are open to hunting and/or sport fishing?”, by:

a. Adding Holt Collier National Wildlife Refuge in alphabetical order in the State of Mississippi;

b. Adding Benton Lake Wetland Management District, Bowdoin Wetland Management District, Charles M. Russell Wetland Management District, Northeast Montana Wetland Management District, and Northwest Montana Wetland Management District in alphabetical order in the State of Montana; and

c. Removing ACE Basin National Wildlife Refuge and adding Ernest F. Hollings ACE Basin National Wildlife Refuge in the State of South Carolina in alphabetical order.

3. Amend § 32.20 Alabama by:

a. Revising paragraph C.2. of Cahaba River National Wildlife Refuge;

b. Revising paragraph B.7. of Choctaw National Wildlife Refuge; and

c. Revising paragraphs B.5. and C.4. of Eufaula National Wildlife Refuge to read as follows:

§ 32.20

Alabama.

Cahaba River National Wildlife Refuge

C. Big Game Hunting

. * * *

2. We prohibit the use of firearms for hunting deer on the refuge. However, you may archery hunt in the portions of the refuge that are open for deer hunting during the archery, shotgun, and muzzleloader seasons established by the State.

Choctaw National Wildlife Refuge

B. Upland Game Hunting

. * * *

7. We prohibit the mooring and storing of boats from legal sunset to legal sunrise.

Eufaula National Wildlife Refuge

B. Upland Game Hunting

. * * *

5. We prohibit the mooring and storing of boats from 1

1/2

hours after legal sunset to 1

1/2

hours before legal sunrise.

C. Big Game Hunting

. * * *

4. All youth hunters age 15 and under must remain within sight and normal voice contact of an adult age 21 or older, possessing a license. We allow youth gun deer hunting (ages 10-15) within the Bradley Unit on weekends during October where an adult must supervise youth age 15 or under. One adult may supervise no more than one youth hunter.

4. Amend § 32.22 Arizona by:

a. Revising paragraphs A.1. through A.3., B., and C.2. of Buenos Aires National Wildlife Refuge; and

b. Revising paragraph A.11.viii. and adding paragraphs A.13. and A.14. of Havasu National Wildlife Refuge;

§ 32.22

Arizona.

Buenos Aires National Wildlife Refuge

A. Migratory Game Bird Hunting

. * * *

1. We allow portable or temporary blinds and stands, but you must remove them at the end of each hunt day.

2. We prohibit the use of flagging tape, reflective tape, or other signs or markers used to identify paths or to mark tree stands, blinds, or other areas.

3. The No-Hunt Zones include all Service property east of milepost 7 of Arivaca Road within the Arivaca Creek Management Area, all Service property in Brown Canyon, all Service property within

1/4

mile (.4 km) of refuge residences, and the posted No-Hunt Zone encompassing refuge headquarters and area bounded by the 10-mile (16 km) Pronghorn Drive auto tour loop.

B. Upland Game Hunting

. We allow hunting of cottontail rabbit, coyote, and skunk on designated areas of the refuge in accordance with State regulations subject to the following conditions:

1. Conditions A1 through A3 apply.

2. We require hunting groups using more than four horses to possess and carry a refuge special use permit.

3. We require each hunter using horses to provide water and feed and clear all horse manure from campsites.

4. We prohibit upland game hunting on the refuge from June 1 through August 19.

C. Big Game Hunting

. * * *

2. Conditions A1 through A3, B2, and B3 apply.

Havasu National Wildlife Refuge

A. Migratory Game Bird Hunting

. * * *

11. * * *

viii. We allow waterfowl hunting on Wednesdays, Saturdays, and Sundays. Waterfowl hunting ends at 12:00 p.m. (noon) MST. Hunters must be out of the slough area by 1:00 p.m. MST.

13. We prohibit the use of all air-thrust boats and/or air-cooled propulsion engines, including floating aircraft.

14. Hunting dogs must be under the immediate control of the hunter at all times.

5. Amend § 32.23 Arkansas by:

a. Revising paragraphs B.6., B.12., adding paragraphs B.13., and B.14., revising paragraph C. and the introductory text of paragraph D., and revising paragraphs D.1., D.7., D.8., D.9., D.10., and adding paragraphs D.11. through D.14. of Holla Bend National Wildlife Refuge; and

b. Revising paragraphs A.2., A.6., A.8., A.10., A.15., C.7., C.8., C.12., and C.16. of White River National Wildlife Refuge to read as follows:

§ 32.23

Arkansas.

Holla Bend National Wildlife Refuge

B. Upland Game Hunting

. * * *

6. We prohibit possession or use of alcoholic beverage(s) while hunting (see § 32.2(j)).

12. We prohibit hunting within 150 feet (45 m) of roads and trails open to motor vehicle use.

13. We prohibit marking trails with tape, ribbon, paint, or any other substance other than biodegradable materials.

14. We allow the use of nonmotorized boats during the hunting season, but we prohibit hunters leaving boats on the refuge overnight (see § 27.93 of this chapter).

C. Big Game Hunting

. We allow hunting of deer and turkey on designated areas of the refuge in accordance with State regulations subject to the following conditions:

1. Conditions B1 and B4 through B14 apply.

2. Archery/crossbow season for deer and turkey begins October 1 and continues through December 10.

3. The refuge will conduct one youth-only (between ages 12-15 at the beginning of the gun deer season in Zone 7) quota deer hunt. This hunt will take place after the archery season (typically in December). Specific hunt dates and application procedures will be available at the refuge office in September. We restrict hunt participants to those selected for a quota permit, except that one nonhunting adult age 21 or older must accompany the youth hunter during the youth hunt.

4. We open spring and fall archery turkey hunting during the State spring and fall turkey season for this zone.

5. We close spring archery turkey hunting during scheduled turkey quota gun hunts.

6. The refuge will conduct one 2-day youth-only (age 15 and under at the beginning of the spring turkey season) quota spring turkey hunt and one 2-day quota spring turkey hunt (typically in April). Specific hunt dates and application procedures will be available at the refuge office in January. We restrict hunt participants to those selected for a quota permit, except that one nonhunting adult age 21 or older must accompany the youth hunter during the youth hunt.

7. An adult age 21 or older must accompany and be within sight or normal voice contact of hunters age 15 and under. One adult may supervise no more than one youth hunter.

8. We allow only portable deer stands. Hunters may erect stands 2 days before the start of the season and must remove the stands from the refuge within 2 days after the season ends (see §§ 27.93 and 27.94 of this chapter).

9. Hunters must permanently affix the owner's name and address to all deer stands on the refuge.

10. We prohibit the use of dogs during big game hunting.

11. We prohibit hunting from paved, graveled, and mowed roads and mowed trails (see § 27.31 of this chapter).

12. We prohibit hunting with the aid of bait, salt, or ingestible attractant (see § 32.2(h)).

13. We prohibit all forms of organized drives.

14. You must check all game at the refuge check station.

D. Sport Fishing

. We allow sport fishing and frogging in accordance with State regulations subject to the following conditions:

1. Conditions B7, B8, and B10 apply.

7. We will allow only bank fishing in Long Lake year-round from legal sunrise to legal sunset. Access to this bank fishing area is through the parking area off of Hwy 155.

8. We allow only bow fishing from legal sunrise to legal sunset during August.

9. We allow frogging from May 1 to May 31. We allow only frogging on those areas of the old river channel that connect with the Arkansas River.

10. Anglers must enter and exit the refuge from designated roads and parking areas.

11. We prohibit anglers from leaving their boats unattended overnight on any portion of the refuge (see § 27.93 of this chapter).

12. We require a Special Use Permit for all commercial fishing activities on the refuge.

13. We prohibit possessing turtle (see § 27.21 of this chapter).

14. We prohibit hovercraft, personal watercraft (Jet Skis, etc.), and airboats.

White River National Wildlife Refuge

A. Migratory Game Bird Hunting

. * * *

2. We allow duck hunting from legal shooting hours until 12 p.m. (noon).

6. You may take coot and woodcock during the State season.

8. Waterfowl hunters may enter and access the refuge no earlier than 4:30 a.m.

10. We prohibit boating December 1 through January 31 in the South Unit Waterfowl Hunt Area, except from 4:30 a.m. to 1:00 p.m. on designated hunt days.

15. We prohibit loaded weapons in a vehicle or boat while under power (see § 27.42(b) of this chapter). We define “loaded” as shells in the gun or ignition device on a muzzleloader.

C. Big Game Hunting

. * * *

7. You may hunt the North or South Unit by muzzleloader or modern gun with a quota hunt permit. You may take only one deer of either sex. We list the season in the refuge hunt brochure/permit.

8. We allow muzzleloader hunting on the North Unit for 4 consecutive days following the 3-day muzzleloader quota hunt.

12. If you harvest deer and turkey on the refuge, you must immediately record the zone number on your hunting license and later at an official check station.

16. We allow access and refuge use during quota hunt to anglers and nonconsumptive users.

6. Amend § 32.28 Florida by:

a. Revising paragraphs A.1., A.2., A.3., A.11., A.13., A.14., A.15., and adding paragraphs A.16. and A.17., revising paragraphs D.8., D.9., and removing paragraph D.10. of Arthur R. Marshall Loxahatchee National Wildlife Refuge;

b. Revising paragraphs D.2., D.4., D.5., and adding paragraphs D.6., D.7., and D.8. of Hobe Sound National Wildlife Refuge;

c. Revising paragraphs D.4. through D.14. and adding paragraphs D.15. through D.20. of J.N. “Ding” Darling National Wildlife Refuge;

d. Revising paragraphs A.7. and A.10., adding paragraph A.16., revising paragraphs B.1., B.2., B.3., C.1., C.7., and C.23., removing paragraph C.24., and redesignating paragraphs C.25. and C.26. as paragraphs C.24. and C.25. of Lower Suwannee National Wildlife Refuge;

e. Revising paragraphs A., D.2., D.3., D.9., and D.11. of Merritt Island National Wildlife Refuge;

f. Revising paragraphs B.3. through B.9., revising the introductory text of paragraph C., removing paragraph C.3. and redesignating paragraphs C.4. through C.13. as paragraphs C.3. through C.12., and revising newly designated paragraphs C.6. through C.9., and C.11. of St. Marks National Wildlife Refuge; and

g. Revising paragraphs C., D.6., and D.7. and removing paragraphs D.8. and D.9. of St. Vincent National Wildlife Refuge to read as follows:

§ 32.28

Florida.

Arthur R. Marshall Loxahatchee National Wildlife Refuge

A. Migratory Game Bird Hunting

. * * *

1. You must possess and carry a signed refuge waterfowl hunt permit while hunting. Only original permits are lawful. Internet copies are not valid.

2. We allow hunting in the interior of the refuge south of latitude line 26.27.130 and north of mile markers 12 and 14. We prohibit hunting from canals, levees, or those areas posted as closed.

3. The refuge open waterfowl season is concurrent with the State season. The refuge participates in both the early experimental and regular seasons. Hunters may take only duck and coot.

11. Hunters must complete a daily bag report card and place it in an entrance fee canister each day prior to exiting the refuge.

13. We allow boats equipped only with outboards or electric motors and nonmotorized boats. We prohibit airboats, Hovercraft, and personal watercraft (Go Devils, Jet Skis, jet boats, and Wave Runners).

14. We require all boats operating outside of the main perimeter canals (the L-40 Canal, L-39 Canal, L-7 Canal, and L-101 Canal) in interior areas of the refuge and within the hunt area, to fly a 12 inch by 12 inch (30 cm x 30 cm) orange flag, 10 feet (3 m) above the vessel's waterline.

15. We prohibit motorized vehicles of any type on the levees and undesignated routes (see § 27.31 of this chapter).

16. Hunters, their vehicles, boats, equipment, and other belongings are subject to inspection by Service law enforcement officers.

17. For emergencies or to report violations, contact law enforcement personnel at 1-800-307-5789. Law enforcement officers may be monitoring VHF Channel 16.

D. Sport Fishing.

* * *

8. Conditions A13, A14, A15, and A17 apply.

9. Anglers, their vehicles, boats, equipment, and other belongings are subject to inspection by Service law enforcement officers.

Hobe Sound National Wildlife Refuge

D. Sport Fishing.

* * *

2. We allow salt-water fishing along the Atlantic Ocean and Indian River Lagoon year-round in accordance with State recreational fishing regulations.

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

5. We allow only two poles per angler and those poles must be attended at all times (In conjunction with the Martin County, Florida two-pole ordinance.)

6. We prohibit motorized vehicles of any type on the fire roads, undesignated routes, and areas posted as closed (see § 27.31 of this chapter).

7. Anglers, their vehicles, boats, equipment, and other belongings are subject to inspection by Service law enforcement officers.

8. For emergencies or to report violations, contact law enforcement personnel at 1-800-307-5789. Law enforcement officers may be monitoring VHF Channel 16.

J.N. “Ding” Darling National Wildlife Refuge

D. Sport Fishing.

* * *

4. We allow the take of blue crab with the use of dip nets only.

5. The daily limit of blue crab is 20 per person (including no more than 10 females).

6. We prohibit kite surfing, kite boarding, wind surfing, sail boarding, and any similar type of activities.

7. We allow vessels propelled only by polling, paddling, or floating in the post “no-motor zone” of the Ding Darling Wilderness Area. All motors, including electric motors, must be in a nonuse position (out of the water) when in the “no-motor zone.”

8. We prohibit camping on all refuge lands and overnight mooring of vessels on all refuge waters.

9. You may only launch vessels at designated sites on the refuge.

10. We allow public access to Wildlife Drive and Indigo Trail beginning at 7:30 a.m., except on Fridays, when we close Wildlife Drive to all public access.

11. All visitors (e.g., anglers and photographers) must exit refuge lands and waters no later than

1/2

hour after legal sunset.

12. We allow fishing and crabbing from the bank on the impoundment side only (left side) of Wildlife Drive. We prohibit all public entry into the impoundments.

13. We prohibit commercial fishing and crabbing (see § 27.21 of this chapter).

14. We prohibit the possession or use of seines or trot lines.

15. We prohibit the use of cast nets from Wildlife Drive or any structure affixed to shore.

16. All fish must remain in whole condition.

17. We prohibit consumption of alcohol or possession of open alcohol containers on refuge lands and waters (see § 32.2(j)).

18. We prohibit airboats, Hovercraft, and personal watercraft (Go Devils, Jet Skis, jet boats, and Wave Runners).

19. Vessels must not exceed slow speed/minimum wake in refuge waters.

20. We close to public entry islands (including rookery islands) except for designated trails.

Lower Suwannee National Wildlife Refuge

A. Migratory Game Bird Hunting.

* * *

7. We prohibit hunting from all refuge roads open to public vehicle travel. We prohibit hunting within 150 feet (45 m) of the Dixie Mainline and Lower Suwannee Nature Drive (Levy Loop Road).

10. We prohibit guiding or participating in a guided hunt where a fee is charged.

16. We prohibit cleaning of game within 1,000 feet (300 m) of any developed public recreation area, game check station, or gate.

B. Upland Game Hunting.

* * *

1. Conditions A1 through A16 apply.

2. You may possess only .22 caliber rimfire rifle (.22 magnum prohibited) firearms (see § 27.42 of this chapter) shotguns with shot no larger than 4 common and bows with arrows that have judo or blunt tips. We prohibit possession of arrows capable of taking big game during the upland game hunting season.

3. We allow night hunting in accordance with State regulations for raccoon and opossum on Wednesday through Saturday nights from legal sunset until legal sunrise during the month of February.

C. Big Game Hunting.

* * *

1. Conditions A1 through A16 apply.

7. We prohibit hunting from a tree in which a metal object has been inserted (see § 32.2(i)).

23. You may take only bearded turkeys and only during the State spring turkey season.

Merritt Island National Wildlife Refuge

A. Migratory Game Bird Hunting.

We allow hunting of duck and coot on designated areas of the refuge in accordance with State regulations subject to the following conditions:

1. You must possess and carry a current signed Merritt Island National Wildlife Refuge hunt permit at all times while hunting waterfowl on the refuge.

2. You must possess and carry (or hunt within 30 yards (27 m) of a hunter who possesses) a valid refuge waterfowl hunting quota permit while hunting areas 1 or 4 from the beginning of the regular waterfowl season through December 31. No more than four hunters will hunt using a single valid refuge waterfowl hunting quota permit.

3. You may hunt Wednesdays, Saturdays, Sundays, and all Federal holidays that fall within the State's waterfowl season.

4. You may hunt in four designated areas of the refuge as delineated in the refuge hunting regulations map. We prohibit hunters to enter the normal or expanded restricted areas of the Kennedy Space Center.

5. You may hunt only waterfowl on refuge-established hunt days from the legal shooting time until 1 p.m.

6. You may enter no earlier than 4 a.m. for the purpose of waterfowl hunting.

7. We require all hunters to successfully complete a State-approved hunter education course.

8. We require an adult, age 18 or older, to supervise hunters under age 18.

9. We prohibit accessing a hunt area from Black Point Wildlife Drive. You may not leave vehicles parked on Black Point Wildlife Drive, Playalinda Beach Road, or Scrub Ridge Trail (see § 27.31 of this chapter).

10. We prohibit construction of permanent blinds (see § 27.92 of this chapter) or digging into dikes.

11. We prohibit hunting or shooting within 15 feet (4.5 m) or shooting from any portion of a dike, dirt road, or railroad grade.

12. We prohibit hunting or shooting within 150 yards (135 m) of SR 402, SR 406, or any paved road right-of-way.

13. All hunters must stop at posted refuge waterfowl check stations and report statistical hunt information to refuge personnel.

D. Sport Fishing.

* * *

2. We prohibit fishing after legal sunset or before legal sunrise, except that we allow fishing at night from a vessel in the open waters of Mosquito Lagoon, Indian River Lagoon, Banana River, and Haulover Canal.

3. We allow launching of boats for night fishing activities only from Bair's Cove, Beacon 42, and Bio Lab boat ramps.

9. Vessels must not exceed idle speed in Bairs Cove and KARS Marina.

11. We prohibit fishing within the normal or expanded restricted areas of the Kennedy Space Center (KSC), unless those areas are officially designated by KSC as special fishing opportunity sites.

St. Marks National Wildlife Refuge

B. Upland Game Hunting.

* * *

3. You may use .22 caliber or smaller rim-fired rifles, shotguns with nontoxic shot (#4 bird shot or smaller) (see § 32.2(k)), or muzzleloaders to harvest squirrel, rabbit, and raccoon. In addition, you may use shotgun slugs, buckshot, or archery equipment to take feral hogs. We prohibit the use or possession of other weapons.

4. You must unload all firearms for transport in vehicles (uncap muzzleloaders) (see § 27.42 of this chapter).

5. We prohibit dogs in the hunt area.

6. There is no limit on the size or number of feral hog that hunters may take.

7. We allow hunting on designated areas of the refuge. Contact the refuge office for specific dates.

8. We prohibit hunting from any named or numbered road (with the exception of persons hunting during the mobility impaired hunt).

9. We prohibit cleaning of game within 1,000 feet (300 m) of any residence, developed public recreation area, or game check station.

C. Big Game Hunting.

We allow hunting of white-tailed deer, feral hog, and bearded turkey in accordance with State regulations subject to the following conditions:

6. We prohibit the use of flagging, paint, blazes, or reflective trail markers.

7. There are two fall archery hunts: Hunters may harvest either-sex deer or feral hog during the fall archery hunts. There will be a fall archery hunt on the Panacea and Wakulla Units. We prohibit other weapons in the hunt area (see § 27.43 of this chapter). Contact the refuge office for specific dates.

8. There are two modern gun hunts. Hunters may harvest deer and feral hog. Modern guns must meet State requirements. We will hold one hunt on the Panacea Unit and one on the Wakulla Unit. See condition C10 for game limits. Contact the refuge office for specific dates.

9. The bag limit for white-tailed deer is two deer per scheduled hunt period. We allow hunters to harvest two antlerless deer per scheduled hunt period. We define antlerless deer as no visible antler above the hairline. State daily bag limits apply to antlerless deer. Or hunters may harvest one antlerless deer and one antlered deer per hunt. Antlered deer must have at least 3 points, 1 inch (2.5 cm) or greater in length on one antler to be harvested. There is no limit on feral hogs. The scheduled hunt periods vary; contact the refuge office for specific dates.

11. There is one mobility-impaired hunt. Hunters may have an able-bodied hunter accompany them. You may transfer permits issued to able-bodied assistants. We limit those hunt teams to harvesting white-tailed deer and feral hog within the limits described in condition C10. Contact the refuge office for specific dates.

St. Vincent National Wildlife Refuge

C. Big Game Hunting.

We allow hunting of white-tailed deer, sambar deer, raccoon, and feral hog on designated areas of the refuge in accordance with State regulations subject to the following conditions:

1. We require refuge permits. The permits are nontransferable, and the hunter must possess and carry them while hunting. Only signed permits are valid. We allow people only with a signed refuge hunt permit on the island during the hunt periods. Contact the refuge office for details on obtaining a permit. We will charge fees for the hunts.

2. We restrict hunting to three hunting periods: Sambar deer, raccoon, and feral hog (primitive weapons); white-tailed deer, raccoon, and feral hog (archery); and white-tailed deer, raccoon, and feral hog (primitive weapons). Contact the refuge office for specific dates. Hunters may check in and set up campsites and stands 1 day prior to the scheduled

hunt. Hunters must leave the island and remove all equipment by 4 p.m. the last day of the scheduled hunt.

3. Hunters must check in at the check stations on the island. We restrict entry onto St. Vincent Island to the Indian Pass and West Pass Campsites. We restrict entry during the sambar deer hunt to the West Pass Campsite. All access to hunt areas will be on foot or by bicycle from these areas.

4. Hunt hours are

1/2

hour before legal sunrise until 3 p.m. for the sambar deer hunt. All other hunt times will be in accordance with State regulations.

5. We restrict camping and fires (see § 27.95(a) of this chapter) to the two designated camping areas. We may restrict or ban fires during dry periods.

6. We prohibit the use or possession of alcoholic beverages during the refuge hunt period (see § 32.2(j)).

7. You may set up tree stands only after you check in, and you must remove them from the island at the end of the hunt (see §§ 27.93 and 27.94 of this chapter).

8. You may retrieve game from the closed areas only if accompanied by a refuge officer.

9. We issue permits for the sambar deer hunt by random drawing. You may obtain applications from the refuge office.

10. We limit weapons to primitive weapons on the sambar deer hunt and the primitive weapons white-tailed deer hunt. We limit the archery hunt to bow and arrow. Weapons must meet all State regulations. We prohibit crossbows during our hunts except with State permit.

11. We allow only stand, still, and stalk hunting. We prohibit game drives.

12. We prohibit the use of flagging, paint, blazes, or reflective trail markers.

13. We prohibit target practice on the refuge (see § 27.42 of this chapter). You may discharge muzzleloaders at the designated discharge area between 5 a.m. and 9 p.m.

14. Nonmovement stand hours for all hunts will be from legal morning shooting time until 9 a.m.

15. We prohibit discharging of weapons (including cap firing) in campgrounds (see § 27.42 of this chapter).

16. Weapons must have the caps removed from muzzleloaders and arrows quivered before and after legal shooting hours.

17. Hunters must check out at the check station prior to leaving the refuge at the end of their hunt. A refuge staff member or volunteer must check the campsites before the hunters leave the refuge.

18. We prohibit motorized equipment, generators, or land vehicles (except bicycles).

19. Bag limits:

i. Sambar deer hunt—one sambar deer of either sex, no limit on feral hog or raccoon.

ii. Archery hunt—one white-tailed deer of either sex (no spotted fawns or spike bucks), no limits on feral hog or raccoon.

iii. Primitive weapons hunt—one white-tailed deer buck having one or more forked antlers at least 5 inches (12.5 cm) in length visible above the hairline with points greater than 1 inch (12.5 cm) in length; we issue a limited number of either-sex permits. If you have an either-sex permit, the bag limit is one deer that may be antlerless or a buck legal antler configuration. There is no limit on feral hog or raccoon.

20. We prohibit bringing live game into the check station.

21. Hunters must observe quiet time in the campground between 9 p.m. and 5 a.m. We prohibit loud or boisterous behavior or activity.

22. We prohibit domestic animals.

D. Sport Fishing.

* * *

6. We allow only the use of rods and reels or poles and lines in the refuge lakes. You must attend your fishing equipment at all times.

7. You may take only fish species and fish limits authorized by State regulations. We prohibit the taking of frog or turtle.

7. Amend § 32.29 Georgia by:

a. Revising paragraph D.4. of Banks Lake National Wildlife Refuge;

b. Adding paragraph C.22. of Bond Swamp National Wildlife Refuge;

c. Revising paragraphs C.2., C.9., and D.3. of Harris Neck National Wildlife Refuge;

d. Revising paragraph C.2.v. of Okefenokee National Wildlife Refuge;

e. Adding paragraph C.18. of Piedmont National Wildlife Refuge;

f. Revising paragraphs C.3., C.5., redesignating paragraphs C.6. through C.10. as paragraphs C.7. through C.11. and adding a new paragraph C.6. of Savannah National Wildlife Refuge; and

g. Revising paragraphs C.8. and C.9. of Wassaw National Wildlife Refuge to read as follows:

§ 32.29

Georgia.

Banks Lake National Wildlife Refuge

D. Sport Fishing.

* * *

4. We prohibit swimming, wading, jet skiing, water skiing, and the use of airboats.

Bond Swamp National Wildlife Refuge

C. Big Game Hunting.

* * *

22. Youth hunters age 15 and under must remain within sight and normal voice contact of an adult age 21 or older possessing a valid hunting license. One adult may supervise no more than one youth hunter.

Harris Neck National Wildlife Refuge

C. Big Game Hunting.

* * *

2. Each hunter may place one stand on the refuge during the week preceding each hunt, but you must remove stands by the end of each hunt (see §§ 27.93 and 27.94 of this chapter).

9. During the archery hunt we allow only bows (no crossbows).

D. Sport Fishing.

* * *

3. We close the Barbour River Landing (boat ramp and parking areas) to the public from 12 a.m. (midnight) to 4 a.m.

Okefenokee National Wildlife Refuge

C. Big Game Hunting.

* * *

2. * * *

v. You must tag your deer with special refuge tags. There is a limit of two deer of either sex per day.

Piedmont National Wildlife Refuge

C. Big Game Hunting.

* * *

18. Youth hunters age 15 and under must remain within sight and normal voice contact of an adult age 21 or older possessing a valid hunting license. One adult may supervise no more than one youth hunter.

Savannah National Wildlife Refuge

C. Big Game Hunting.

* * *

3. We allow only bows (no crossbows) for deer and hog hunting during the archery hunt.

5. We allow only shotguns with slugs, muzzleloaders, and bows (no crossbows) for deer and hog hunting throughout the designated hunt area during the November gun hunt and the March hog hunt. However, we allow high-powered rifles north of Interstate Highway 95 only. We prohibit handguns.

6. You may place one stand on the refuge for 2 consecutive days during the October archery hunt, the November gun hunt, and the March hog hunt. You must remove your stand by legal sunset of the second day of each 2-day period. Your name, address, and phone number must be marked on your stand.

Wassaw National Wildlife Refuge

C. Big Game Hunting.

* * *

8. We allow bows (no crossbows) and muzzleloading rifles during the primitive weapons hunt.

9. We allow shotguns, 20 gauge or larger (slugs only), centerfire rifles of .22 caliber or larger, bows (no crossbows), and primitive weapons during the gun hunt.

8. Amend § 32.32 Illinois by:

a. Revising the introductory text of paragraph A., revising paragraph A.2., adding paragraph A.3., and revising paragraph D. of Chautauqua National Wildlife Refuge;

b. Revising Crab Orchard National Wildlife Refuge;

c. Revising paragraphs A., B.1., C.1., and D. of Cypress Creek National Wildlife Refuge;

d. Revising paragraphs A.1., A.2., B., C., and D.1. of Emiquon National Wildlife Refuge;

e. Revising paragraphs D.3. and D.4. of Meredosia National Wildlife Refuge;

f. Revising paragraphs A.1., A.2., B., C., and D. of Middle Mississippi River National Wildlife Refuge; and

g. Revising paragraphs A.1., A.2., B., C., and D.4. of Two Rivers National Wildlife Refuge to read as follows:

§ 32.32

Illinois.

Chautauqua National Wildlife Refuge

A. Migratory Game Bird Hunting.

We allow hunting of waterfowl on designated areas of the refuge in accordance with State regulations subject to the following conditions:

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

3. We prohibit the construction or use of permanent blinds, stands, or scaffolds (see § 27.92 of this chapter).

D. Sport Fishing.

We allow fishing on designated areas of the refuge in accordance with State regulations subject to the following conditions:

1. We allow fishing on Lake Chautauqua from January 15 through October 15. We prohibit fishing in the Waterfowl Hunting Area during the waterfowl hunting season.

2. We allow bank fishing from legal sunrise to legal sunset from October 16 to January 14 between the boat ramp and the fishing trail in the North Pool and from Goofy Ridge Public Access to the west gate of the north pool water control structure.

3. Motorboats must not exceed “no-wake” speeds.

4. We prohibit the public entering Weis Lake on the Cameron-Billsbach Unit of the refuge from October 16 through January 14.

Crab Orchard National Wildlife Refuge

A. Migratory Game Bird Hunting.

We allow hunting of waterfowl on designated areas of the refuge in accordance with State regulations 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, as well as on Orchard, Sawmill, Turkey, and Grassy islands from

1/2

hour before legal 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. We prohibit waterfowl hunting in the restricted use area of Crab Orchard Lake.

3. We prohibit the construction or use of permanent blinds, stands, platforms, or scaffolds (see § 27.92 of this chapter).

4. Hunting blinds must be a minimum of 200 yards (180 m) apart.

5. Hunters must remove all boats, decoys, blinds, blind materials, and other personal equipment (see §§ 27.93 and 27.94 of this chapter) from the refuge at the end of each day's hunt.

6. 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 (180 m) away from any shoreline. Waterfowl hunters may also hunt on the east shoreline in Grassy Bay.

B. Upland Game Hunting.

We allow hunting of upland game on designated areas of the refuge in accordance with State regulations subject to the following conditions:

1. We prohibit upland game hunting in the controlled goose hunting areas during the goose hunting season, except we allow furbearer hunting from legal sunset to legal sunrise.

2. We prohibit upland game hunting within 50 yards (45 m) of all designated public use facilities, including but not limited to parking areas, picnic areas, campgrounds, marinas, boat ramps, public roads, and established hiking trails listed in the refuge trails brochure.

3. We prohibit hunters using rifles or handguns with ammunition larger than .22 caliber rimfire, except they may use black powder firearms up to and including .40 caliber.

C. Big Game Hunting.

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

1. We require all deer and turkey hunters using the restricted use area to check in at the refuge visitor contact station prior to hunting.

2. We allow deer hunting with archery equipment only in the following areas:

i. In the controlled goose hunting area;

ii. On all refuge lands north of Illinois State Route 13; and

iii. In the area north of the Crab Orchard Lake emergency spillway and west of Crab Orchard Lake.

3. We prohibit big game hunting within 50 yards (45 m) of all designated public use facilities, including but not limited to parking areas, picnic areas, campgrounds, marinas, boat ramps, public roads, and established hiking trails listed in the refuge trails brochure.

4. You must remove all portable hunting stands, blinds, and other hunting equipment from the refuge at the end of each day's hunt (see §§ 27.93 and 27.94 of this chapter).

5. Condition A3 applies.

D. Sport Fishing.

We allow sport fishing on designated areas of the refuge in accordance with State regulations subject to the following conditions:

1. On Crab Orchard Lake west of Wolf Creek Road:

i. Anglers may fish from boats all year.

ii. Anglers must remove all trotlines/jugs from legal sunrise until legal sunset from the Friday immediately prior to Memorial Day through Labor Day.

2. On Crab Orchard Lake east of Wolf Creek Road:

i. Anglers may fish from boats March 15 through September 30.

ii. Anglers may fish all year at the Wolf Creek and Route 148 causeways.

3. Anglers must check and remove fish from all jugs and trotlines daily.

4. We prohibit using stakes to anchor any trotlines.

5. Anglers must tag all trotlines with their name and address.

6. We prohibit anglers using jugs or trotlines with any flotation device that has previously contained any petroleum-based material or toxic substance.

7. Anglers must attach a buoyed device that is visible on the water's surface to all trotlines.

8. Anglers may use all noncommercial fishing methods, except they may not use any underwater breathing apparatus.

9. On A-41, Bluegill, Managers, Honkers, and Vistors Ponds:

i. Anglers may fish only from legal sunrise to legal sunset March 15 through September 30.

ii. We prohibit anglers from using boats or floatation devices.

10. Anglers may not submerge any pole or similar object to take or locate any fish.

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

12. We prohibit anglers from fishing within 250 yards (225 m) of an occupied waterfowl hunting blind.

13. We restrict motorboats to slow speeds leaving “no wake” in Cambria Neck, and within 150 feet (45 m) of any shoreline, swimming area, marina entrance, boat ramp, or causeway tunnel on Crab Orchard, Little Grassy, or Devils Kitchen Lakes.

Cypress Creek National Wildlife Refuge

A. Migratory Game Bird Hunting.

We allow hunting of duck, goose, coot, woodcock, dove, and snipe on designated areas of the refuge in accordance with State regulations subject to the following conditions:

1. We require hunters to possess and carry a free refuge hunting permit while hunting on the refuge.

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

3. We prohibit the construction or use of permanent blinds, platforms, and scaffolds (see § 27.92 of this chapter).

4. We prohibit outboard motors larger than 10 hp.

5. We prohibit the use of paint, flagging, reflectors, tacks, or other manmade materials to mark trails or hunting locations.

6. We allow dove hunting beginning on September 1 and continuing on the following Mondays, Wednesdays, and Saturdays throughout the State season.

7. We allow the use of hunting dogs, provided the dogs are under the immediate control of the hunter at all times (see § 26.21(b) of this chapter).

8. On the Bellrose Waterfowl Reserve:

i. We prohibit all upland game hunting, big game hunting, and duck hunting.

ii. You may hunt goose only following the closure of the State duck hunting season.

iii. We allow goose hunting only on Tuesdays, Thursdays, Saturdays, and Sundays.

iv. We allow hunting from

1/2

hour before legal sunrise until 1 p.m.

v. Hunters must exit the Reserve by 2 p.m.

vi. We prohibit entry to the Reserve prior to 4:30 a.m.

vii. We prohibit hunting during the special snow goose seasons after closure of the regular goose seasons.

viii. We prohibit construction or use of pit blinds (see § 27.92 of this chapter).

ix. We prohibit hunting within 100 yards (90 m) of any private property boundary.

x. All hunting parties must be at least 200 yards (180 m) apart.

xi. All hunters must sign in and out and report daily harvest at the hunter registration station.

xii. All hunting parties must hunt over a minimum of 12 decoys at each blind site.

B. Upland Game Hunting.

* * *

1. Conditions A1, A2, A3, A4, A5, and A7 apply.

C. Big Game Hunting.

* * *

1. Conditions A1, A2, A3, A4, and A5 apply.

D. Sport Fishing.

We allow fishing on designated areas of the refuge in accordance with State regulations subject to the following conditions:

1. Condition A4 applies.

2. Anglers must remove all boats and fishing equipment (see § 27.93 of this chapter) brought onto the refuge at the end of each day's fishing activity.

3. We prohibit the use of trotlines, jugs, yo-yos, nets, or any commercial fishing equipment except in areas where State regulation authorizes commercial tackle.

4. We prohibit the use of more than two poles per angler and more than two hooks or lures per pole.

5. We prohibit possession of bass less than 15 inches (37.5 cm) in length from refuge ponds.

6. We prohibit possession of more than six channel catfish from refuge ponds.

Emiquon National Wildlife Refuge

A. Migratory Game Bird Hunting.

* * *

1. We prohibit the construction or use of permanent blinds, stands, or scaffolds (see §§ 27.93 and 27.94 of this chapter).

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

B. Upland Game Hunting.

We allow upland game hunting on designated areas of the refuge in accordance with State regulations subject to the following condition: We allow access for hunting from 1 hour before legal sunrise until legal sunset.

C. Big Game Hunting.

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

1. We prohibit the construction or use of permanent blinds, platforms, or ladders (see § 27.93 of this chapter).

2. You must remove all portable hunting stands and blinds from the area at the end of each day's hunt (see §§ 27.93 and 27.94 of this chapter).

D. Sport Fishing.

* * *

1. We prohibit leaving boats on refuge waters overnight (see § 27.93 of this chapter).

Meredosia National Wildlife Refuge

D. Sport Fishing.

* * *

3. We prohibit leaving boats on refuge waters overnight (see § 27.93 of this chapter).

4. Motorboats must not exceed “no-wake” speeds.

Middle Mississippi River National Wildlife Refuge

A. Migratory Game Bird Hunting.

* * *

1. We prohibit the construction or use of permanent blinds, stands, scaffolds, or platforms (see § 27.92 of this chapter).

2. Hunters must remove boats, blinds, blind materials, stands, decoys, and other hunting equipment (see §§ 27.93 and 27.94 of this chapter) from the refuge at the end of each day.

B. Upland Game Hunting.

We allow hunting of upland game on the refuge in accordance with State regulations subject to the following condition: We allow hunting of furbearers only from legal sunrise to legal sunset.

C. Big Game Hunting.

We allow hunting of white-tailed deer and turkey on the refuge in accordance with State regulations subject to the following conditions:

1. The Harlow and Meissner Island Divisions are open only to archery hunting.

2. Conditions A1 and A2 apply.

3. On refuge lands where archery and firearm hunting seasons (shotgun, rifle, muzzleloader) run concurrent, archery hunters must comply with firearm blaze-orange, safety requirements for the State in which they are hunting (i.e., Missouri or Illinois).

D. Sport Fishing.

We allow fishing on the refuge in accordance with State regulations subject to the following conditions:

1. We close the Meissner Island Division to all sport fishing.

2. We prohibit the taking of turtle and frog (see § 27.21 of this chapter).

3. We allow fishing only from legal sunrise to legal sunset.

4. Anglers must remove all fishing devices (see § 27.93 of this chapter) at the end of each day's fishing.

Two Rivers National Wildlife Refuge

A. Migratory Game Bird Hunting.

* * *

1. We prohibit the construction or use of permanent blinds, stands, scaffolds, or platforms (see § 27.92 of this chapter).

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

B. Upland Game Hunting.

We allow upland game hunting only on the Apple Creek Division and the portion of the Calhoun Division east of the Illinois River Road in accordance with State regulations subject to the following condition: We allow hunting from legal sunrise to legal sunset.

C. Big Game Hunting.

We allow hunting of white-tailed deer and turkey on the Apple Creek Division and the portion of the Calhoun Division east of the Illinois River Road in accordance with State regulations subject to the following conditions:

1. We prohibit the construction or use of permanent blinds, platforms, or ladders (see § 27.92 of this chapter).

2. Hunters must remove all portable hunting stands and blinds from the refuge at the end of each day's hunt (see §§ 27.93 and 27.94 of this chapter).

D. Sport Fishing.

* * *

4. Anglers must remove boats and all other fishing devices (see § 27.93 of this chapter) at the end of each day's fishing activity.

9. Amend § 32.33 Indiana by:

a. Revising paragraphs B., C., and D. of Big Oaks National Wildlife Refuge;

b. Revising paragraphs B., C., and D. of Muscatatuck National Wildlife Refuge; and

c. Revising Patoka River National Wildlife Refuge and Management Area to read as follows:

§ 32.33

Indiana.

Big Oaks National Wildlife Refuge

B. Upland Game Hunting.

We allow hunting of squirrel in accordance with State regulations subject to the following conditions:

1. We require a refuge access permit.

2. We allow the use of hunting dogs only during the squirrel hunting season. Hunters must ensure that all hunting dogs wear a collar displaying the owner's name, address, and telephone number.

3. Hunters must hunt only in assigned areas. We prohibit trespass into an unassigned hunt area.

4. In areas posted “Area Closed,” we prohibit entry, including hunting.

5. We prohibit the use of flagging tape and reflective tacks.

6. We allow the use of squirrel hunting dogs only in the day-use area.

7. Permitted squirrel hunters are the only hunters authorized to possess a rifle (only .22 rimfire) on the refuge.

8. Squirrel hunters may possess only approved nontoxic shot while in the field (see § 32.2(k)).

9. We prohibit the use or possession of handguns on the refuge.

10. We require that hunters check all harvested game taken on the refuge at the refuge check station.

11. We require all refuge hunters to hunt with a partner. We require hunting partners to know the location of their partner while hunting. Youth hunters, anyone age 17 or under, must be directly supervised by a responsible adult age 18 or older.

12. We prohibit possession of alcoholic beverages on the refuge (see § 32.2(j)).

13. Hunters must possess and carry a compass while hunting on the refuge.

C. Big Game Hunting.

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

1. Conditions B1, B3, B4, B5, B9, B10, B11, B12, and B13 apply.

2. The refuge access permit will contain bag limits and license requirements.

3. We allow the use of portable hunting stands and blinds. All hunting stands and blinds may be left in the field overnight only if the hunter will be hunting that same location the following day. We prohibit tree steps or screw-in steps (see § 32.2(i)).

D. Sport Fishing.

We allow fishing on the Old Timbers Lake in accordance with State regulations subject to the following conditions:

1. We require a refuge access permit.

2. We only allow fishing with a rod and reel or pole and line.

3. We prohibit the use of trotlines.

4. We allow boats only rowed, paddled, or powered by an electric trolling motor on the Old Timbers Lake.

5. We prohibit retaining black bass, largemouth bass, smallmouth bass, and spotted bass between 12 and 15 inches (30 and 37.5 cm).

Muscatatuck National Wildlife Refuge

B. Upland Game Hunting.

We allow hunting of quail, squirrel, and rabbit on designated areas of the refuge in accordance with State regulations subject to the following conditions:

1. We prohibit discharge of firearms within 100 yards (90 m) of an occupied dwelling.

2. We allow the use of hunting dogs only for hunting rabbit and quail, provided the dogs are under the immediate control of the hunter at all times (see § 26.21(b) of this chapter).

3. We allow .22 caliber rifles only with rimfire ammunition and shotgun for upland game hunting.

4. We prohibit quail, squirrel, and rabbit hunting during refuge deer hunts.

C. Big Game Hunting.

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

1. Condition B1 applies.

2. You must possess and carry a refuge permit during the State muzzleloader deer season.

3. You must possess and carry a refuge permit during the deer archery hunting season that overlaps with the State muzzleloader deer season.

4. Our late archery season deer hunt opens at the end of the State muzzleloader season and ends at the conclusion of the State late archery season.

5. We prohibit the construction or use of permanent blinds, platforms, or ladders (see § 27.92 of this chapter).

6. Hunters may take only one deer per day from the refuge.

7. We allow only spring turkey hunting on the refuge, and hunters must possess a refuge permit.

D. Sport Fishing.

We allow fishing on designated areas of the refuge in accordance with State regulations subject to the following conditions:

1. We allow the use of boats only on Stanfield Lake. We prohibit the use of gasoline- or electric-powered boat

motors. We allow manual- (foot- or hand-) propelled boats.

2. We allow the use of belly boats or float tubes in all designated fishing areas.

3. We allow fishing only with rod and reel or pole and line.

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

Patoka River National Wildlife Refuge and Management Area

A. Migratory Game Bird Hunting.

We allow hunting of migratory game birds on designated areas of the refuge and the White River Wildlife Management Area in accordance with State regulations subject to the following conditions:

1. We prohibit the construction or use of permanent blinds, stands, platforms, or scaffolds (see § 27.92 of this chapter).

2. Hunters must remove all boats, decoys, blinds, and blind materials after each day's hunt (see §§ 27.93 and 27.94 of this chapter).

3. We allow motorboats only on Snakey Point Marsh east of the South Fork River and the Patoka River. All other areas are open to either manual-powered boats or boats with battery-driven motors only.

4. Motorboats must not exceed “no wake” speeds.

5. We prohibit the use of powered airboats on the refuge.

6. We close the Cane Ridge Wildlife Management Area to all hunting.

B. Upland Game Hunting.

We allow hunting of bobwhite quail, cottontail rabbit, squirrel (gray and fox), turkey, red and gray fox, coyote, opossum, and raccoon in accordance with State regulations subject to the following conditions:

1. You must possess and carry a refuge permit for all furbearer hunting.

2. We allow the use of dogs for hunting, provided the dog is under the immediate control of the hunter at all times (see § 26.21(b) of this chapter).

C. Big Game Hunting.

We allow hunting of white-tailed deer in accordance with State regulations subject to the following conditions:

1. We prohibit the construction or use of permanent blinds, stands, platforms, or scaffolds (see § 27.92 of this chapter).

2. Condition A6 applies.

3. We prohibit marking trails with tape, ribbons, paper, paint, tacks, tree blazes, or other devices.

D. Sport Fishing.

We allow sport fishing on all areas of the refuge in accordance with State regulations subject to the following conditions:

1. We allow sport fishing in accordance with State regulations on the main channel of the Patoka River.

2. All other refuge waters are subject to the following conditions:

i. We allow fishing from legal sunrise to legal sunset.

ii. We allow fishing only with rod and reel or pole and line.

iii. The minimum size limit for large-mouth bass on Snakey Point Marsh is 14 inches (35 cm).

iv. You must possess and carry a refuge permit to take bait fish, crayfish, snapping turtle, and bullfrog.

3. Anglers must remove boats at the end of each day's fishing activity (see § 27.93 of this chapter).

4. Conditions A2 through A5 apply.

10. Amend § 32.34 Iowa by revising paragraphs B., C., and D. of DeSoto National Wildlife Refuge to read as follows:

§ 32.34

Iowa.

DeSoto National Wildlife Refuge

B. Upland Game Hunting.

We allow youth hunting of ring-necked pheasant on designated areas of the refuge in accordance with the States of Iowa and Nebraska regulations. The refuge manager will annually determine and publish hunting seasons, dates, and designated areas.

C. Big Game Hunting.

We allow hunting of white-tailed deer and wild turkey on designated areas of the refuge in accordance with States of Iowa and Nebraska regulations subject to the following conditions:

1. The refuge manager will annually determine and publish hunting seasons and dates and include them in the refuge access permit.

2. You must possess and carry a refuge access permit at all times while in the hunting area. Hunters may enter the hunting areas only within the dates listed on the Refuge Access Permit.

3. All areas open to hunting may be accessed by hunters with a valid Iowa or Nebraska resident hunting permit. Reciprocity exists, with both States allowing hunters with either resident permit to access refuge hunting land in either State.

4. Hunters holding nonresident Nebraska or nonresident Iowa permits may hunt only on the ground that lies within the State that issued the nonresident permit.

5. We allow hunters in the designated area from 3 hours before legal sunrise until 2 hours after legal sunset.

6. We require all hunters using the designated archery hunting areas to individually register their name and vehicle at the parking area prior to entering the archery area. After hunting, hunters must complete the daily registration by recording the number of hours hunted and kill information.

7. All hunters must be in possession of a valid Entrance Fee Permit.

8. Hunters may not construct or use permanent blinds or stands. Hunters must remove hunting blinds or stands and other property by the close of the season (see §§ 27.93 and 27.94 of this chapter).

9. We prohibit shooting on or over any refuge road open to vehicle traffic within 30 feet (9 m) of the centerline.

10. We prohibit field dressing of any big game within 100 feet (30 m) of the centerline of any refuge road.

11. We prohibit use of two-way mobile radio transmitters to communicate the location or direction of game or to coordinate the movement of other hunters.

D. Sport Fishing.

We allow sport fishing in DeSoto Lake in accordance with the States of Iowa and Nebraska regulations subject to the following conditions:

1. We allow ice fishing in DeSoto Lake January 2 through the end of February. The refuge manager may open DeSoto Lake to ice fishing before January 2 or after the end of February, depending on ice conditions.

2. We allow the use of pole and line or rod and reel fishing in DeSoto Lake from April 15 through October 14. The refuge manager may open DeSoto Lake to fishing as early as April 1, depending on waterfowl usage each year.

3. We allow the use of archery and spear fishing for nongame fish only from April 15 through October 14.

4. When the lake is open to ice fishing, we prohibit motor- or wind-driven conveyances on the lake.

5. We allow the use of portable ice fishing shelters on a daily basis from January 2 through the end of February. The refuge manager may open DeSoto Lake to the use of ice fishing shelters before January 2 or after the end of February, depending on ice conditions.

6. Anglers may use no more than two lines and two hooks per line, including ice fishing.

7. We prohibit the use of trotlines, float lines, bank lines, or setlines.

8. Anglers must adhere to minimum length and creel limits as posted.

9. We prohibit anglers leaving any personal property, litter, fish or any parts thereof, on the banks, in the water, or on the ice.

10. We prohibit digging or seining for bait.

11. We prohibit take or possession of turtle or frog at any time (see § 27.21 of this chapter).

12. We limit boating to “no-wake” speeds, not to exceed 5 miles per hour.

13. We allow anglers on the refuge from

1/2

hour before legal sunrise to

1/2

hour after legal sunset.

11. Amend § 32.35 Kansas by revising paragraphs A.1. through A.3., adding paragraph A.4., revising paragraphs B.1., B.2., adding paragraphs B.3. and B.4., revising paragraphs C.1. through C.3., adding paragraphs C.4. and C.5., and revising paragraph D. of Marais des Cygnes National Wildlife Refuge to read as follows:

§ 32.35

Kansas.

Marais des Cygnes National Wildlife Refuge

A. Migratory Game Bird Hunting.

* * *

1. We restrict outboard motor use to the westernmost 5

1/2

miles (8.8 km) of the Marais des Cygnes River. You may use only nonmotorized boats and electric trolling motors on remaining waters in designated areas of the refuge.

2. We prohibit discharge of firearms within 150 yards (135 m) of any residence or occupied building.

3. We allow only temporary portable blinds and blinds made from natural vegetation.

4. You must remove boats, decoys, portable blinds, and other personal property from the refuge at the end of each day (see §§ 27.93 and 27.94 of this chapter).

B. Upland Game Hunting.

* * *

1. Condition A2 applies.

2. We prohibit centerfire and rimfire rifles and pistols.

3. You may possess only bow and arrow or shotguns smaller than 10 gauge while hunting upland game.

4. We require the use of approved nontoxic shot (see § 32.2(k)).

C. Big Game Hunting.

* * *

1. Conditions A2, A3, A4, B2, and B4 apply.

2. You must possess and carry a refuge access permit to hunt deer and spring turkey.

3. We prohibit hunting with the aid of or distribution of any feed, salt, or other mineral (see § 32.2(h)).

4. We allow the use of portable tree stands. You must label portable tree stands left overnight with your name and phone number so it is visible from the ground.

5. You may install portable tree stands no sooner than September 15, and you must remove them by January 15 of each year.

D. Sport Fishing.

We allow fishing on designated areas of the refuge in accordance with State regulations subject to the following condition: Condition A1 applies.

12. Amend § 32.36 Kentucky by revising paragraphs A.6. and A.8., removing paragraph A.10., redesignating paragraphs A.11. through A.18. as paragraphs A.10. through A.17., and revising paragraphs B.1., B.3., B.5., B.6., and C.1. of Clarks River National Wildlife Refuge to read as follows:

§ 32.36

Kentucky.

Clarks River National Wildlife Refuge

A. Migratory Game Bird Hunting.

* * *

6. To track game in or retrieve game from a posted closed area of the refuge, the hunter must first receive authorization from the refuge manager at 270-527-5770 or the law enforcement officer at 270-703-2836.

8. We close portions of abandoned railroad tracks within the refuge boundary to vehicle access (see § 27.31 of this chapter).

B. Upland Game Hunting.

* * *

1. Conditions A1 through A13 apply.

3. You may not kill or cripple a wild animal without making a reasonable effort to retrieve the animal and harvest a reasonable portion to be included in your daily bag limit.

5. You may possess only approved nontoxic shot (see § 32.2(k)) while hunting small game.

6. You may hunt coyote only during any daytime refuge hunt with weapons and ammunition allowed for that hunt.

C. Big Game Hunting.

* * *

1. Conditions A1 through A17 and B3 apply.

13. Amend § 32.37 Louisiana by:

a. Revising paragraphs A. and B. of Atchafalaya National Wildlife Refuge;

b. Revising paragraphs D.1. and D.2. of Bayou Sauvage National Wildlife Refuge;

c. Revising the introductory text of paragraph A., revising paragraphs A.1., A.3., and A.4., removing paragraph A.10., redesignating paragraphs A.11. through A.13. as paragraphs A.10. through A.12., revising newly designated paragraph A.10., and revising paragraphs B.4., B.6., C.1., C.2., C.7., C.9., D.3., and D.5. of Bayou Teche National Wildlife Refuge;

d. Revising the introductory text of paragraph A., revising paragraphs A.1., A.7., and A.10., adding paragraph A.14., revising the introductory text of paragraph B., revising paragraphs B.3., B.4., C.4., C.5., C.6., and C.8., removing paragraphs C.9. and C.10., and revising paragraphs D.1. and D.3. of Big Branch Marsh National Wildlife Refuge;

e. Adding paragraph C.8. of Black Bayou Lake National Wildlife Refuge;

f. Revising paragraphs A.1., A.2., A.3., A7., and A.8., adding paragraph A.11., revising paragraphs B.1. and B.2., removing paragraph B.3., redesignating paragraphs B.4. through B.8. as paragraphs B.3. through B.7., revising newly designated paragraph B.3., removing paragraph B.9., revising paragraphs C.1., C.2., C.4., and C.5., removing paragraph C.8., redesignating paragraphs C.9. through C.11. as paragraphs C.8. through C.10., revising newly designated paragraph C.8., revising the introductory text of paragraph D., and revising paragraph D.2. of Bogue Chitto National Wildlife Refuge;

g. Revising paragraphs A., D.2., D.4., D.5., D.7., D.14., and D.15. of Cameron Prairie National Wildlife Refuge;

h. Revising paragraphs A.2., A.5., A.10., A.17., and A.18., adding paragraphs A.26. through A.28., revising paragraphs B.1. and B.3., adding paragraph B.6., revising paragraphs C.1., C.2., C.4., D.2., and D.7., and removing paragraph D.11. of Cat Island National Wildlife Refuge;

i. Revising the introductory text of paragraph A., revising paragraph A.4., adding paragraph A.17., revising paragraph B.1., adding paragraph B.11., revising paragraph C.1., adding paragraphs C.12. and C.13., and revising paragraph D.1. of Catahoula National Wildlife Refuge;

j. Revising paragraph A.6. and adding paragraph C.11. of D'Arbonne National Wildlife Refuge;

k. Revising paragraphs A.1. and A.7., removing paragraph A.10., redesignating paragraphs A.11. through A.13. as paragraphs A.10. through A.12., revising newly designated paragraphs A.10. and A.12., revising paragraph B.4., the introductory text of paragraph C., and paragraphs C.1., D.1., and D.4. of Delta National Wildlife Refuge;

l. Revising the introductory text of paragraph A., revising paragraphs A.5., A.15., A.19., A.21., adding paragraph B.8., revising paragraphs C.1. and C.2., removing paragraph C.5., redesignating paragraphs C.6. through C.9. as paragraphs C.5. through C.8., and revising newly designated paragraph C.6. and paragraphs D.6., D.8., and D.15. of Grand Cote National Wildlife Refuge;

m. Revising paragraphs A.1., A.7., and A.8., revising the introductory text of

paragraph C., removing paragraph C.5., redesignating paragraphs C.6. through C.12. as paragraphs C.5. through C.11., revising newly redesignated paragraph C.6., and revising paragraph D.5. of Lacassine National Wildlife Refuge;

n. Revising the introductory text of paragraph A., revising paragraphs A.5., A.11., and A.13., adding paragraph A.24., revising paragraph B.2., adding paragraph B.7., revising paragraphs C.1., C.2., and C.3., removing paragraph C.4., and redesignating paragraphs C.5. through C.17. as paragraphs C.4. through C.16., revising newly redesignated paragraphs C.4. and C.10., and adding paragraphs C.17. and C.18. of Lake Ophelia National Wildlife Refuge;

o. Revising paragraphs A.3., A.5., C.1., C.3., C.6., D.3., and D.4. of Mandalay National Wildlife Refuge;

p. Adding paragraph C.9. of Red River National Wildlife Refuge;

q. Revising paragraphs A., D.4., D.7. introductory text, D.7.i., D.8. introductory text, D.8.ii., D.8.viii., and D.8.xii. of Sabine National Wildlife Refuge;

r. Revising paragraphs A.4., A.5., A.7., A.10., A.11., A.13., B.2., B.5., B.6., B.7., C.3., C.4., and C.6. through C.15., adding paragraphs C.16. through C.18., and revising paragraph D. of Tensas River National Wildlife Refuge; and

s. Revising paragraphs A.8. and A.12., the introductory text of paragraph C., revising paragraph C.4., and adding paragraph C.11. of Upper Ouachita National Wildlife Refuge to read as follows:

§ 32.37

Louisiana.

Atchafalaya National Wildlife Refuge

A. Migratory Game Bird Hunting.

We allow hunting of migratory game birds on designated areas of the refuge in accordance with State regulations subject to the following condition: Hunting must be in accordance with State-issued Sherburne Wildlife Management Area regulations.

B. Upland Game Hunting.

We allow hunting of upland game on designated areas of the refuge in accordance with State regulations subject to the following condition: Hunting must be in accordance with State-issued Sherburne Wildlife Management Area regulations.

Bayou Sauvage National Wildlife Refuge

D. Sport Fishing.

* * *

1. The refuge is open from 30 minutes before legal sunrise to 30 minutes after legal sunset.

2. We allow sport fishing and shellfishing year-round on all refuge lands south of the Intracoastal Waterway, from the banks of U.S. Highway 11, and within the banks of the borrow canal and borrow pits between U.S. Highway 11 and Interstate 10. We close the remainder of the refuge from November 1 through January 31.

Bayou Teche National Wildlife Refuge

A. Migratory Game Bird Hunting.

We allow hunting of migratory waterfowl on designated areas of the refuge in accordance with State regulations subject to the following conditions:

1. All hunters must possess and carry a signed hunt permit while hunting on the refuge. This permit is free and available on the front cover of the refuge brochure.

3. Youth hunters under age 16 must have completed a State-approved Hunter Education Course and possess and carry a card or certification of completion. Each youth hunter under age 16 must remain within sight and normal voice contact of an adult age 21 or older. Each adult may supervise no more than two refuge-permitted youth hunters. We require all adult supervisors and hunters of migratory waterfowl to possess and carry a State hunter safety course card or certificate.

4. We require waterfowl hunters to remove all portable blinds, boats, decoys, and other personal equipment from the refuge by 1 p.m. daily.

10. We allow waterfowl hunting in Centerville, Garden City, and Bayou Sale Units during the State waterfowl season. We open no other units to migratory waterfowl hunting.

B. Upland Game Hunting.

* * *

4. We allow hunting 7 days per week beginning with the opening of the State season in Centerville, Garden City, Bayou Sale, North Bend—East, and North Bend—West Units through the last day of the State waterfowl season in the West Zone. We open no other units to the hunting of upland game.

6. Conditions A1, A2, A3, A5, A6, A7, A8, and A12 apply.

C. Big Game Hunting.

* * *

1. We allow hunting of deer only with firearms (see § 27.42 of this chapter) during 5 specific days during October and November. A youth gun hunt will occur during the last weekend of October. The general gun hunt will occur during the final full weekend in November. The general gun hunt will be a lottery hunt. We will require a Lottery Hunt Permit. Hunters will find permit application procedures in the refuge brochure. The youth gun hunt includes both Saturday and Sunday. The general gun hunt includes the Friday immediately before the weekend.

2. We allow hunting of deer with archery equipment from the start of the State archery season until the last day of November in the following units: Garden City, North Bend—East, and North Bend—West. The following units are open to archery deer hunting from the start of the State archery season until January 31: Centerville, Bayou Sale, and Garden City (south of Garden City levee only). We close refuge archery hunting on those days that the refuge deer gun hunts occur.

7. We allow the use of portable deer stands according to State of Louisiana Wildlife Management Area regulations.

9. Conditions A1, A2, with the following exception to A3: One adult may supervise only one youth; A5, A6, A7, A8, B3, and B5 apply.

D. Sport Fishing.

* * *

3. The refuge is open from legal sunrise until legal sunset unless stated otherwise.

5. Conditions A6 and A8 apply.

Big Branch Marsh National Wildlife Refuge

A. Migratory Game Bird Hunting.

We allow hunting of duck, coot, goose, snipe, rail, gallinule, and woodcock on designated areas of the refuge during the State waterfowl season in accordance with State regulations subject to the following conditions:

1. We allow waterfowl hunting on Wednesdays, Thursdays, Saturdays, and Sundays from 30 minutes before legal sunrise until 12 p.m. (noon), including the State special teal season and State youth waterfowl hunt.

7. Youth hunters under age 16 must have completed a hunter education course and possess and carry evidence of completion. An adult age 21 or older must closely supervise youth hunters (within sight and normal voice contact). One adult may supervise no more than two youth hunters.

10. We prohibit hunting within 150 feet (45 m) of any road open to vehicle travel, any residence, or Boy Scout Road (see § 27.31 of this chapter).

14. We prohibit horses.

B. Upland Game Hunting.

We allow hunting of squirrel, rabbit, and quail on designated areas of the refuge in accordance with State regulations subject to the following conditions:

3. We allow dogs to only locate, point, and retrieve when hunting for quail.

4. Conditions A5 through A14 apply.

C. Big Game Hunting.

* * *

4. You may take deer of either sex in accordance with State regulations. The State season limits apply.

5. Hunters may erect temporary deer stands 14 days prior to the start of deer season. Hunters must remove all deer stands within 14 days of the end of the refuge deer season (see §§ 27.93 and 27.94 of this chapter).

6. Hunters may take hogs only during the refuge deer archery hunt.

8. Conditions A5 through A14 apply, except in condition A7: One adult may supervise only one youth while hunting big game.

D. Sport Fishing.

* * *

1. You may only fish from

1/2

hour before legal sunrise to

1/2

hour after legal sunset, except in the Lake Road area.

3. We prohibit the use of trotlines, limblines, slat traps, gar sets, nets, or alligator lines on the refuge. You may take bait with cast nets 8 feet (2.4 m) in diameter or less.

Black Bayou Lake National Wildlife Refuge

C. Big Game Hunting.

* * *

8. We prohibit possession or distribution of bait or hunting with the aid of bait, including any grain, salt, minerals, or other feed or any nonnaturally occurring attractant on the refuge (see § 32.2(h)).

Boque Chitto National Wildlife Refuge

A. Migratory Game Bird Hunting.

* * *

1. We allow hunting from 30 minutes before legal sunrise until 12 p.m. (noon).

2. We allow woodcock hunting in accordance with State regulations using only approved nontoxic shot (see § 32.2(k)) size #4 or smaller.

3. Youth hunters under age 16 must successfully complete a State-approved hunter education course. While hunting, each youth must possess and carry a certificate of completion. Each youth hunter must remain within sight and normal voice contact of an adult age 21 or older. One adult may supervise up to two youth hunters.

7. We prohibit hunting within 150 feet (45 m) of any public road, refuge road, designated trail, building, residence, designated public facility, or from or across aboveground oil or gas or electric facilities.

8. We prohibit possession of slugs, buckshot, rifle, or pistol ammunition unless otherwise specified.

11. We prohibit horses.

B. Upland Game Hunting.

* * *

1. You may possess only approved nontoxic shot size #4 or smaller or .22 caliber rimfire or smaller.

2. You may use dogs for rabbit and squirrel from November 1 to the end of the State season except during the refuge gun and muzzleloader season.

3. You may use dogs for raccoon and opossum from January 1 through the last day of February.

6. Conditions A3 and A5 through A11 apply.

7. During the refuge deer gun season, all hunters except waterfowl hunters must wear a minimum of 400 square inches (2,600 cm

2

) of unbroken hunter orange as the outermost layer of clothing on the chest and back.

C. Big Game Hunting.

* * *

1. Conditions A3 (one adult may supervise only one youth hunter during refuge gun deer hunts), A5 through A7, A10, B4, and B7 apply.

2. Hunters may erect temporary deer stands 14 days prior to the start of deer season. Hunters must remove all deer stands within 14 days of the end of the refuge deer season (see §§ 27.93 and 27.94 of this chapter).

4. We list specific dates for general gun big game hunts in the refuge hunt brochure.

5. We list specific dates for primitive weapons big game hunts in the refuge hunt brochure.

8. You may take hog as incidental game while participating in the refuge archery, primitive weapon, and general gun deer hunts only. We list specific dates for the special hog hunts in January and February in the refuge hunt brochure. During the special hog hunts you must use trained hog-hunting dogs to aid in the take of hog. During the special hog hunts you may take hog from 30 minutes before legal sunrise to 30 minutes after legal sunset, and you must use pistol or rifle ammunition not larger than .22 caliber rimfire or shotgun with nontoxic shot to take the hog after it has been caught by dogs.

D. Sport Fishing.

We allow recreational fishing year-round in accordance with State regulations subject to the following conditions:

2. Conditions A9 and B4 apply.

Cameron Prairie National Wildlife Refuge

A. Migratory Game Bird Hunting.

We allow hunting of light and white-fronted goose, duck, coot, snipe, and dove on designated areas of the refuge in accordance with State regulations subject to the following conditions:

1. The waterfowl hunt is a youth hunt only. We set dates in September, and you may obtain information from the refuge. We will accept permit applications September 1 through October 20 and limit applications to a choice of three dates. We will notify successful applicants.

2. All hunters born on or after September 1, 1969, must successfully complete a State-approved hunter education course. While hunting, each youth must possess and carry a card or certificate of completion. Each youth hunter (age 16 and under) must remain within sight and normal voice contact of an adult age 21 or older. For waterfowl hunts, one adult may supervise no more than two youth hunters.

3. We require every hunter to possess and carry signed refuge hunting regulations and permit.

4. Each hunter must complete a Hunter Information Card at a self-clearing check station after each hunt and before leaving the refuge.

5. We allow dove hunting on designated areas during the first split of the State dove season only.

6. We allow snipe hunting on designated areas for the remaining portion of the State snipe season following closure of the State duck and coot season in the West Zone.

7. We prohibit hunting closer than 50 yards (45 m) of any public road, refuge road, trail, building, residence, or designated public facility.

8. We prohibit any person or group from acting as guide, outfitter, or in any other capacity in which any other individual(s) pay or promise to pay directly or indirectly for service

rendered to any other person or persons hunting on the refuge, regardless of whether such payment is for guiding, outfitting, lodging, or club membership.

D. Sport Fishing.

* * *

2. You may recreationally fish, crab, or cast net in the East Cove Unit year-round from legal sunrise to legal sunset, except during the State waterfowl season and when we close the Grand Bayou Boat Bay.

4. On East Cove Unit, we prohibit walking, wading, or climbing in or on the marsh, levees, or structures.

5. We allow sport fishing, crabbing, and cast netting in the canal and waterways adjacent to the Gibbstown Unit Bank Fishing Road and the Outfall Canal from March 15 through October 15.

7. We allow only recreational crabbing with cotton hand lines or dropnets up to 24 inches ( 60 cm) outside diameter. We prohibit using floats on crab lines.

14. We prohibit the use of ATVs, air-thrust boats, and personal motorized watercraft (Jet Skis) in any refuge area (see § 27.31(f) of this chapter).

15. You may operate outboard motors in refuge canals, bayous, and lakes. In the marsh we allow only trolling motors.

Cat Island National Wildlife Refuge

A. Migratory Game Bird Hunting.

* * *

2. Hunters must fill out a free daily “check-in” and “check out” refuge hunting permit obtained at designated check stations and must properly display the associated windshield permit while in parking lots.

5. You must use designated parking areas to participate in any refuge public use activity.

10. We prohibit transport of loaded weapons on an ATV (see § 27.42(b) of this chapter). For muzzleloaders, we define loaded as cap on primer.

17. We prohibit all other hunting during refuge lottery deer hunts.

18. We allow waterfowl hunting on Tuesdays, Thursdays, Saturdays, and Sundays until 12 p.m. (noon) during the designated State duck season.

26. We prohibit blocking of gates or trails (see § 27.31(h) of this chapter) with vehicles or ATVs.

27. We prohibit ATVs on trails/roads (see § 27.31 of this chapter) not specifically designated by signs for ATV use.

28. We prohibit handguns for hunting (see § 27.42 of this chapter).

B. Upland Game Hunting.

* * *

1. Conditions A1 through A17 and A19 through A28 apply.

3. We allow the use of squirrel and rabbit dogs from the day after the close of the State-designated deer rifle season to the end of the State-designated season. We allow up to two dogs per hunting party for squirrel hunting.

6. We prohibit possession or distribution of bait or hunting with the aid of bait, including any grain, salt, minerals, or other feed or nonnaturally occurring attractant on the refuge (see § 32.2(h)).

C. Big Game Hunting.

* * *

1. Conditions A1 through A17, A19 through A28, and B6 apply.

2. We allow archery-only deer hunting on the refuge during the State archery deer season.

4. We allow only portable deer stands. Hunters may erect stands 2 days before the beginning of the refuge archery season and must remove them the last day of the State archery season (see §§ 27.93 and 27.94 of this chapter). Hunters may erect stands 2 days before hunting season; however, they must place them in a nonhunting position at the conclusion of each day's hunt.

D. Sport Fishing.

* * *

2. Conditions A1, A3, A4, A5, A9 (on the open portions of Wood Duck ATV Trail for wildlife-dependent activities throughout the year), A13 through A16, A19, and A21 through A28 apply.

7. We allow recreational crawfishing on the refuge subject to specific dates (see refuge brochure for details). The harvest limit is 100 pounds (45 kg) per permit per day.

Catahoula National Wildlife Refuge

A. Migratory Game Bird Hunting.

We allow hunting of goose, duck, coot, gallinule, woodcock, rail, and snipe on designated areas of the Bushley Bayou Unit in accordance with State hunting regulations subject to the following conditions:

4. We open the following ATV trails year-round: Round Lake Road; portions of Black Lake and Dempsey Lake Roads beginning at the designated parking areas; portions of Minnow Ponds Road at Highway 8 to Green's Creek Road and then south to Green's Creek Bridge.

17. We prohibit parking on the refuge for access to adjoining nonrefuge property.

B. Upland Game Hunting.

* * *

1. Conditions A1, A4 (at the Bushley Bayou Unit), A7 through A14, A16, and A17 apply.

11. We require hunters participating in special dog seasons for rabbit and squirrel to wear a minimum of a hunter-orange cap. All other hunters and archers (while on the ground), except waterfowl hunters, also must wear a minimum of a hunter-orange cap during the special dog seasons for rabbit and squirrel.

C. Big Game Hunting.

* * *

1. Conditions A1, A4 (at the Bushley Bayou Unit), A7 through A9, A12 through A14, A16, A17, B4 through B8 (big game hunting), and B11 apply.

12. We prohibit possession or distribution of bait or hunting with aid of bait, including any grain, salt, minerals or other feed or nonnaturally occurring attractant on the refuge (see § 32.2(h)).

13. Deer hunters hunting from concealed ground blinds must display a minimum of 400 square inches (2,600 cm

2

) of hunter orange above or around their blinds visible from 360°.

D. Sport Fishing.

* * *

1. Conditions A4 (at the Bushley Bayou Unit), A7, A9, A13 (as a fishing guide), A14, A16, A17, B5, and B7 apply.

D'Arbonne National Wildlife Refuge

A. Migratory Game Bird Hunting

. * * *

6. We prohibit hunting within 100 feet (30 m) of the maintained rights of way of roads (see § 27.31 of this chapter), and from aboveground oil or gas or electrical transmission facilities.

C. Big Game Hunting

. * * *

11. We prohibit possession or distribution of bait or hunting with the aid of bait, including any grain, salt, minerals, or other feed or any nonnaturally occurring attractant on the refuge (see § 32.2(h)).

Delta National Wildlife Refuge

A. Migratory Game Bird Hunting

. * * *

1. We allow waterfowl hunting on Wednesdays, Thursdays, Saturdays, and Sundays from 30 minutes before legal sunrise until 12 p.m. (noon), including the State special teal season, State youth waterfowl season, and State light goose special conservation season.

7. We prohibit air-thrust boats, mud boats, and air-cooled propulsion engines on the refuge.

10. Youth hunters under age 16 must successfully complete a State-approved hunter education course. While hunting, each youth must possess and carry a card or certificate of completion. Each youth hunter must remain within sight and normal voice contact of an adult age 21 or older. Each adult must possess and carry a refuge permit and may supervise no more than two youth hunters.

12. We open the refuge from

1/2

hour before legal sunrise to

1/2

hour after legal sunset with the exception that hunters may enter the refuge earlier, but not before 4 a.m.

B. Upland Game Hunting

. * * *

4. Conditions A4 through A10 (each adult may supervise no more than two youth hunters during upland game hunting), A11, and A12 apply.

C. Big Game Hunting

. We only allow archery hunting of white-tailed deer and hog on designated areas of the refuge in accordance with State archery regulations subject to the following conditions:

1. Conditions A4 through A12 apply, with the following exception to condition A10: Each adult can only supervise one youth hunter.

D. Sport Fishing

. * * *

1. We only allow recreational fishing and crabbing from

1/2

hour before legal sunrise until

1/2

hour after legal sunset. During State waterfowl hunting seasons; however, we only allow recreational fishing and crabbing from after 12 p.m. (noon) until

1/2

hour after legal sunset.

4. Conditions A8, A10, and A11 apply.

Grand Cote National Wildlife Refuge

A. Migratory Game Bird Hunting

. We allow hunting of duck, goose, coot, mourning dove, snipe, rail, and woodcock on designated areas of the refuge (shown on the refuge hunting brochure map) in accordance with State regulations subject to the following conditions:

5. You must use designated parking areas to participate in any refuge public use activity.

15. We only allow nonmotorized boats or electric-powered motors.

19. We prohibit handguns for hunting (see § 27.42 of this chapter).

21. We allow only incidental take of mourning dove and snipe while migratory bird hunting on days open to waterfowl hunting.

B. Upland Game Hunting

. * * *

8. We prohibit possession or distribution of bait or hunting with the aid of bait, including any grain, salt, minerals, or other feed or nonnaturally occurring attractant on the refuge (see § 32.2(h)).

C. Big Game Hunting

. * * *

1. Conditions A1 through A16, A20, A26, and B8 apply.

2. We allow archery hunting in special designated units (see refuge brochure map) from the beginning of the State archery deer season until the end of the State archery deer season subject to refuge closures resulting from high water conditions.

6. Hunters may take one deer of either sex per day during the deer season except during State-designated “bucks” only seasons.

D. Sport Fishing

. * * *

6. We allow recreational crawfishing on the refuge subject to specific date restrictions (see refuge brochure for details).

8. You may harvest 100 lbs. (45 kg) of crawfish per permit per day.

15. We prohibit launching boats with trailers, put or placed, in Coulee des Grues from refuge property.

Lacassine National Wildlife Refuge

A. Migratory Game Bird Hunting

. * * *

1. We require every individual hunter to possess and carry a signed refuge hunting permit.

7. We prohibit hunting within 50 yards (45 m) of refuge canals; waterways; public roads; buildings; aboveground oil, gas, or electrical transmission facilities; or designated public facilities. Hunting parties must remain a distance of no less than 150 yards (135 m) away from another hunter.

8. All hunters born on or after September 1, 1969, must successfully complete a State-approved hunter education course. While hunting, each youth must possess and carry a card or certificate of completion. Each youth hunter must remain within sight and normal voice contact of an adult age 21 or older. For waterfowl hunts, one adult may supervise no more than two youth hunters.

C. Big Game Hunting

. We allow archery as the only form of hunting for white-tailed deer on designated areas of the refuge in accordance with State regulations subject to the following conditions:

6. We allow boats of all motor types and of 25 hp or less in Lacassine Pool.

D. Sport Fishing

. * * *

5. We prohibit bank fishing from the Lacassine Pool Wildlife Drive.

Lake Ophelia National Wildlife Refuge

A. Migratory Game Bird Hunting

. We allow hunting of duck, goose, coot, woodcock, snipe, rail, and mourning dove on designated areas of the refuge in accordance with State regulations subject to the following conditions:

5. You must use designated parking areas to participate in any refuge public use activity.

11. We prohibit transport of loaded weapons on an ATV (see § 27.42(b) of this chapter). For muzzleloaders, we define loaded as cap on primer.

13. We prohibit all hunting during refuge lottery deer hunts.

24. We prohibit handguns for hunting (see § 27.42 of this chapter).

B. Upland Game Hunting

. * * *

2. We allow squirrel and rabbit hunting in Hunt Unit 2B from the opening of the State season through December 10.

7. We prohibit possession or distribution of bait or hunting with the aid of bait, including any grain, salt, minerals, or other feed or nonnaturally

occurring attractant on the refuge (see § 32.2(h)).

C. Big Game Hunting

. * * *

1. Conditions A1 through A3, A5 through A16, A19, A22, and B7 apply.

2. We require hunters to permanently attach their name, address, and phone number to the deer stand. Hunters may erect stands 2 days before hunting season; however, they must place stands in a nonhunting position at the conclusion of each hunt and remove them on the last day of the State archery deer season.

3. We allow archery hunting in Units 1A, 1B, 2A, and 2B subject to refuge-specific date and harvest restrictions (see refuge hunting brochure for dates).

4. We allow youth deer hunting in the closed area during the lottery youth deer season.

10. We allow electric-powered or nonmotorized boats in Lake Ophelia subject to refuge-specific date restrictions (see refuge hunting brochure for details).

17. We allow only turkey hunting during the first 14 days of the State season until 12 p.m. (noon).

18. We allow the use and possession of lead shot for turkey hunting.

Mandalay National Wildlife Refuge

A. Migratory Game Bird Hunting

. * * *

3. Youth hunters under age 16 must successfully complete a State-approved hunter education course. While hunting, each youth must possess and carry a card or certificate of completion. Each youth hunter under age 16 must remain within sight and normal voice contact of an adult age 21 or older. Each adult may supervise no more than two refuge-permitted youth hunters. We require all adult supervisors and hunters of migratory waterfowl to possess and carry a State Hunter Safety Course Certificate.

5. Only one adult may occupy a blind with up to two youths during a designated Lottery Youth Waterfowl Hunt. We allow no more than three hunters to hunt from a blind at one time during any waterfowl hunt.

C. Big Game Hunting

. * * *

1. We open the refuge to hunting of deer and hog during the State archery season, except prior to 12 p.m. (noon) on Wednesdays and Saturdays during State waterfowl seasons, when we close areas north of the Intracoastal Waterway to hunting of big game.

3. You may take big game with archery equipment and in accordance with State law. From October 1 through October 15, State bucks-only regulations are in effect. From October 16 through February 15 you may take only one deer of either sex per day and hunters may possess only one deer. The State season limits on deer apply. There is no daily or possession limit on feral hogs.

6. Conditions A3 (except that an adult may supervise only one youth), A4, and A7 apply.

D. Sport Fishing

. * * *

3. We allow fishing in the refuge year-round.

4. The refuge is open from legal sunrise until legal sunset unless specifically stated otherwise.

Red River National Wildlife Refuge

C. Big Game Hunting

. * * *

9. We prohibit possession or distribution of bait or hunting with the aid of bait, including any grain, salt minerals, or other feed or any nonnaturally occurring attractant on the refuge (see § 32.2(h)).

Sabine National Wildlife Refuge

A. Migratory Game Bird Hunting

. We allow hunting of light and white-fronted goose, duck, and coot on areas designated by signs stating “Waterfowl Hunting Only” and delineated in the refuge regulations and on the permit brochure map in accordance with State regulations subject to the following conditions:

1. We require all hunters to possess and carry a signed refuge permit.

2. We allow waterfowl hunting only on Wednesdays, Saturdays, and Sundays during the State teal season and during the regular State waterfowl season for the west zone.

3. We allow hunters to enter the refuge and launch boats only after 3 a.m. Shooting hours end at 12 p.m. (noon) each day.

4. All hunters born on or after September 1, 1969, must successfully complete a State-approved hunter education course and possess and carry a card or certificate of completion. Each youth hunter must remain within sight and normal voice contact of an adult age 21 or older. For waterfowl hunts, one adult may supervise no more than two youth hunters.

5. You may access the hunt areas via the boat launches at the West Cove Public Use Area, by vehicle on Vastar Road, and at designated turnouts within the refuge public hunt area along State Highway 27 (see § 27.31 of this chapter), unless otherwise posted. We prohibit refuge entrance through adjacent private property or using the refuge to access private property or leases.

6. We allow launching of boats on trailers only at West Cove Public Use Area. We allow hand launching of small boats along Vastar Road (no trailers permitted).

7. We prohibit dragging boats across the levee.

8. We allow operation of outboard motors only in designated refuge canals and Old North Bayou. We allow trolling motors within the refuge marshes.

9. We prohibit air-thrust boats and personal motorized watercraft (e.g., Jet Skis) unless otherwise posted.

10. You must use only portable blinds and those made of native vegetation. You must remove portable blinds, decoys, spent shells, and all other personal equipment (see §§ 27.93 and 27.94 of this chapter) each day.

11. We prohibit hunting within 50 yards (45 m) of refuge canals, waterways, public roads, buildings, above-ground oil, gas or electrical transmission facilities, or designated public facilities. Hunting parties must maintain a distance of no less than 150 yards (135 m) away from another hunter.

12. Each hunter must complete a Hunter Information Card at a self-clearing check station after each hunt and before leaving the refuge.

13. We prohibit any person or group from acting as guide, outfitter, or in any other capacity in which any other individual(s) pay or promise to pay directly or indirectly for service rendered to any other person or persons hunting on the refuge, regardless of whether such payment is for guiding, outfitting, lodging, or club membership.

14. We allow dogs to only locate, point, and retrieve when hunting for migratory game birds.

15. We prohibit all-terrain vehicles (ATVs) (see § 27.31(f) of this chapter).

D. Sport Fishing

. * * *

4. We allow only nonmotorized boats in the 1A and 1B management units.

7. Crabbing: We allow recreational crabbing in designated areas of the refuge subject to the following conditions:

i. You must take crabs only with cotton hand lines or drop nets up to 24 inches (60 cm) outside diameter. We prohibit use of floats on crab lines.

8. Cast Netting: We allow cast netting in designated areas of the refuge during the Louisiana Inland Shrimp Season subject to the following conditions:

ii. An adult age 21 or older must directly supervise all youths under age 18.

viii. You may cast net only from the bank and wharves at Northline, Hog Island Gully, and 1A-1B Public Use Areas or at sites along Highway 27 that provide developed safe access and that we do not post and sign as closed areas.

xii. We prohibit swimming and/or wading in the canals and waterways.

Tensas River National Wildlife Refuge

A. Migratory Game Bird Hunting

. * * *

4. In areas posted “Area Closed” or “No Waterfowl Hunting Zone,” we prohibit hunting of migratory birds at any time. The Public Use Regulations brochure will be available at the refuge headquarters in July.

5. We allow shotguns equipped with a single-piece magazine plug that allows the gun to hold no more than two shells in the magazine and one in the chamber. We prohibit target practicing or shooting to unload modern firearms on the refuge at any time. Shotgun hunters must possess only an approved nontoxic shot when hunting migratory birds. Hunters must unload and encase all guns transported in automobiles and boats or on all-terrain vehicles (see § 27.42(b) of this chapter).

7. We allow nonmotorized boats, electric motors, and boats with motors 10 hp or less in refuge lakes, streams, and bayous. We require that boat passengers wear personal floatation devices when using a boat to access the refuge. Hunters must equip all motorized boats with navigation lights and use them according to State regulations. We prohibit boat storage on the refuge. Hunters must remove boats daily (see § 27.93 of this chapter).

10. We allow all-terrain vehicle (ATV) travel on designated trails for access typically from September 15 to the last day of the refuge squirrel season. We open designated trails from 4 a.m. to no later than 2 hours after legal sunset unless otherwise specified. We define an ATV as an off-road vehicle (not legal for highway use) with factory specifications not to exceed the following: Weight 750 pounds (337.5 kg), length 85 inches (212.5 cm), and width 48 inches (120 cm). We restrict ATV tires to those no larger than 25 × 12 with a 1 inch (2.5 cm) lug height and maximum allowable tire pressure of 7 psi. We require an affixed refuge ATV permit that hunters may obtain from the refuge headquarters, typically in July. Hunters using the refuge physically challenged all-terrain trails must possess the State's Physically Challenged Program Hunter Permit. Additional physically challenged access information will be available at the refuge headquarters.

11. While visiting the refuge, we prohibit: Spotlighting; littering; fires; trapping, man-drives for game; possession of alcoholic beverages; flagging, engineer's tape, or paint; parking/blocking trail and gate entrances; and hunting within 150 feet (45 m) of a designated public road, maintained road, trail, fire breaks, dwellings, or aboveground oil and gas production facilities (see §§ 27.31(h), 27.94, 27.95(a) of this chapter, and 32.2(j)). We define a maintained road or trail as one which has been mowed, disked, or plowed and one which is free of trees.

13. We prohibit field dressing of game within 150 feet (45 m) of parking areas, maintained roads, and trails.

B. Upland Game Hunting

. * * *

2. We allow squirrel and rabbit hunting with and without dogs. We will allow hunting with dogs from the beginning of the State season and typically stopping the day before the refuge deer muzzleloader hunt. We do not require hunters to wear hunter orange during the squirrel and rabbit hunt without dogs. Squirrel and rabbit hunting with or without dogs will resume the day after the refuge deer muzzleloader hunt and will conclude the last day of the refuge squirrel season, which typically ends February 15.

5. In areas posted “Area Closed,” we prohibit upland game hunting at any time.

6. We allow .22 caliber rimfire weapons and shotguns equipped with a single-piece magazine plug that allows the gun to hold no more than two shells in the magazine and one in the chamber. We prohibit target practicing or shooting to unload modern firearms on the refuge at any time. Shotgun hunters must possess only an approved nontoxic shot when hunting upland game. Hunters must unload and encase all guns transported in automobiles and boats or on all-terrain vehicles (see § 27.42(b) of this chapter).

7. Conditions A7, A10, A11, and A13 apply.

C. Big Game Hunting

. * * *

3. We will conduct two 2-day quota modern firearms hunts for deer typically in the months of November and December. Hunt dates and permit application procedures are available at refuge headquarters in July. We prohibit hunters using a muzzleloader during this hunt.

4. We will conduct a 4-day quota youth deer hunt and a 1-day quota physically challenged deer hunt in the Greenlea Bend area typically in December and January. Hunt dates and permit application procedures will be available at the refuge headquarters in July.

6. Hunters may take only one deer (one buck or one doe) per day during refuge deer hunts.

7. We allow turkey hunting during the first 16 days of the State turkey season. We will conduct a youth turkey hunt the Saturday and Sunday before the regular State turkey season. You may harvest two bearded turkeys per season. We allow the use and possession of lead shot while turkey hunting on th

This text is long and has been trimmed here. Open the source document for the complete record.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.