1998-99 Refuge-Specific Hunting and Fishing Regulations

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 32

RIN 1018-AE68

1998-99 Refuge-Specific Hunting and Fishing Regulations

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule.

-----------------------------------------------------------------------

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

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

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

specific regulations for such activities; and amend certain regulations

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

game hunting, big game hunting and sport fishing for the 1998-99

seasons.

DATES: Comments may be submitted on or before August 26, 1998.

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

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

20240.

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

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

SUPPLEMENTARY INFORMATION: National wildlife refuges generally are

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

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

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

the mission of the System or purpose(s) for which individual refuges

were established. The action also must be in accordance with provisions

of all laws applicable to the areas, must be consistent with the

principles of sound fish and wildlife management and administration.

Management is intended to ensure that the biological integrity,

diversity, and environmental health of the System are maintained for

the benefit of present and future generations of Americans, and

otherwise must be in the public interest

rdance with provisions

of all laws applicable to the areas, must be consistent with the

principles of sound fish and wildlife management and administration.

Management is intended to ensure that the biological integrity,

diversity, and environmental health of the System are maintained for

the benefit of present and future generations of Americans, and

otherwise must be in the public interest.

The Service reviews refuge hunting and fishing programs annually to

determine whether to add additional refuges or whether individual

refuge regulations governing existing programs need modification,

deletion or additions made to them. Changing environmental conditions,

State and Federal regulations, and other factors affecting wildlife

populations and habitat may warrant modifications ensuring continued

compatibility of hunting and fishing programs and that these programs

will not materially interfere with or detract from the fulfillment of

the mission of the System or the purposes of the refuge.

50 CFR part 32 contains provisions governing hunting and fishing on

national wildlife refuges. Hunting and fishing are regulated on refuges

to:

Ensure compatibility;

Properly manage the fish and wildlife resource;

Protect other refuge values; and

Ensure refuge user safety.

On many refuges, the Service policy of adopting regulations

identical to State hunting and fishing regulations is adequate in

meeting these objectives. On other refuges, it is necessary to

supplement State regulations with more restrictive Federal regulations

to ensure that the Service meets its management responsibilities, as

outlined under the section entitled ``Statutory Authority.'' The

Service issues refuge-specific hunting and fishing regulations when a

wildlife refuge is opened to either migratory game bird hunting, upland

game hunting, big game hunting or sport fishing

supplement State regulations with more restrictive Federal regulations

to ensure that the Service meets its management responsibilities, as

outlined under the section entitled ``Statutory Authority.'' The

Service issues refuge-specific hunting and fishing regulations when a

wildlife refuge is opened to either migratory game bird hunting, upland

game hunting, big game hunting or sport fishing. These regulations list

the wildlife species that may be hunted or are subject to sport

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

descriptions of open areas, and other provisions as appropriate. 50 CFR

part 32 contains previously issued refuge-specific regulations for

hunting and fishing. The Service promulgates many of the amendments to

these sections to standardize and clarify the existing language of

these regulations.

The Service proposes to revise nontoxic shot provisions for hunting

upland game on Waterfowl Production Areas and other areas of the

National Wildlife Refuge System (System).

Specifically part 32 would prohibit the use or possession of toxic

shotgun pellets by upland game hunters onto Waterfowl Production Areas

and other areas of the System. The only shot

allowed in areas of the System would be specifically identified in 50

CFR 20.21 (j). The currently approved shot listed in that regulation

are: steel, bizmuth-tin and tungsten-iron. Refuge wildlife ingest toxic

lead by-products of refuge public hunting programs through their

feeding habits and die from lead poisoning. The Service permits hunting

programs on many areas of the System in accordance with existing

management plans, policy procedures and regulations.

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

the Service published a proposed regulations that would require hunters

to use nontoxic shot while hunting on certain refuges, because of the

likelihood of depositing toxic lead shot pellets on the land, with

resulting impacts to waterfowl and other migratory birds

xisting

management plans, policy procedures and regulations.

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

the Service published a proposed regulations that would require hunters

to use nontoxic shot while hunting on certain refuges, because of the

likelihood of depositing toxic lead shot pellets on the land, with

resulting impacts to waterfowl and other migratory birds. In 1992, the

Service first required nontoxic shot on all areas of the System while

hunting waterfowl.

In the December 4, 1995 Federal Register (60 FR 62035), the Service

published an evaluation of public comments received in the previously

issued proposed rule and announced that it had decided to delay

nontoxic shot implementation for hunting upland game until the 1996-97

hunting season on those refuges it had proposed to convert to nontoxic

shot during the 1995-96 season. The Service also announced delay of

implementation of this regulation in Alaska until the 1997-98 season,

to allow coordination with the State and the outlying native villages.

The Service also announced it had decided to delay implementation of

this regulation with regard to Waterfowl Production Areas principally

in the Dakotas, Iowa, Minnesota, Montana, and Wisconsin, until the

1998-99 season.

The Service took these actions to allow adequate time for

additional coordination and educational outreach with the affected

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

toxic lead shot to waterfowl and other migratory birds. The Service

requested voluntary hunter use of nontoxic shotshells until

implementing specific rules.

Lead shot from hunters' shotguns deposited onto open and ice-

covered wetlands, seasonally flooded habitats, and upland habitats in

close proximity to these wetlands is toxic to waterfowl that directly

ingest lead products during feeding, and secondarily toxic to predators

and carrion feeders that consume these toxic wildlife carcasses

of nontoxic shotshells until

implementing specific rules.

Lead shot from hunters' shotguns deposited onto open and ice-

covered wetlands, seasonally flooded habitats, and upland habitats in

close proximity to these wetlands is toxic to waterfowl that directly

ingest lead products during feeding, and secondarily toxic to predators

and carrion feeders that consume these toxic wildlife carcasses. The

documented scientific evidence is clear in this regard. Information not

adequately communicated to some hunters and habitat managers for their

consideration is the effect of this deposition of toxic lead shot onto

these marginal or fringe wetland areas by hunting activities other than

waterfowl and coot hunting. Nationwide, efforts by the Service, State

wildlife agencies, and several conservation organizations have been

ongoing to educate the public and activate programs to reduce this

threat to waterfowl, raptors and other susceptible wildlife species. A

scientifically recognized toxic lead problem exists on these adjoining

upland areas. Lead pellets ingested by waterfowl and secondarily by

raptors, including eagles, results in the death of these animals due to

toxic lead poisoning. Waterfowl ingest lead shot pellets deposited

during upland or small game hunting on dry areas that are subject to

seasonal flooding, while feeding in these areas during high water

periods and are vulnerable to lead poisoning. This proposed rule will

significantly reduce this threat to wildlife.

Scientific information on the ``Toxicity of Lead Shot to Wildlife''

may be obtained by calling the U.S. Fish and Wildlife Reference Service

at 1-800-582-3421 or by accessing the bibliographic databases

information directly on the INTERNET at ``http://www.fws.gov/

fwrefser.html''.

The Service determines that uses in this proposed rule are

compatible

gnificantly reduce this threat to wildlife.

Scientific information on the ``Toxicity of Lead Shot to Wildlife''

may be obtained by calling the U.S. Fish and Wildlife Reference Service

at 1-800-582-3421 or by accessing the bibliographic databases

information directly on the INTERNET at ``http://www.fws.gov/

fwrefser.html''.

The Service determines that uses in this proposed rule are

compatible. The Service further determined that this proposed action

is:

In accordance with the provisions of all applicable laws;

Consistent with principles of sound fish and wildlife

management and administration;

Consistent with the principles of available science and

resources;

Helps implement Executive Orders 12996 (Management and

Public Use of the National Wildlife Refuge System) and 12962

(Recreational Fisheries); and

Is otherwise in the public interest by providing

additional recreational opportunities at national wildlife refuges.

Sufficient funds will be available within the refuge budgets to

operate the hunting and sport fishing programs as proposed.

Request for Comments

Department of the Interior policy is, whenever practicable, to

afford the public a meaningful opportunity to participate in the

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

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

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

day delay in processing these refuge-specific hunting and fishing

regulations would hinder the effective planning and administration of

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

days would jeopardize holding the hunting or fishing programs this

year, or shorten their duration and thereby lessen the management

effectiveness of this regulation. Many of these rules also relieve

restrictions and allow the public to participate in recreational

activities on a number of refuges

g and administration of

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

days would jeopardize holding the hunting or fishing programs this

year, or shorten their duration and thereby lessen the management

effectiveness of this regulation. Many of these rules also relieve

restrictions and allow the public to participate in recreational

activities on a number of refuges. In addition, good cause exists in

that, in order to continue to provide for previously authorized hunting

opportunities while at the same time provide for adequate resource

protection, the Service must be timely in providing modifications to

certain hunting programs on some refuges. Accordingly, good cause

exists to limit the comment period to 30 days.

Interested persons may submit written comments concerning this

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

All substantive comments will be reviewed and considered.

Statutory Authority

The National Wildlife Refuge System Administration Act (NWRSAA) of

1966, (16 U.S.C. Sec. 668dd-668ee), and the Refuge Recreation Act (RRA)

of 1962 (16 U.S.C. 460k-460K-4), govern the administration and public

use of national wildlife refuges.

The National Wildlife Refuge System Improvement Act (NWRSIA) of

1997 (Pub. L. 105-57) is the latest amendment to the NWRSAA. It amends

and builds upon the NWRSAA in a manner that provides an improved

``Organic Act'' for the Refuge System similar to those which exist for

other public lands. It serves to ensure that the System is effectively

managed as a national system of lands, waters and interests for the

protection and conservation of our nation's wildlife resources. The

NWRSAA states first and foremost that the mission of the System be

focused on conservation of fish, wildlife, and plant resources and

their habitat

System similar to those which exist for

other public lands. It serves to ensure that the System is effectively

managed as a national system of lands, waters and interests for the

protection and conservation of our nation's wildlife resources. The

NWRSAA states first and foremost that the mission of the System be

focused on conservation of fish, wildlife, and plant resources and

their habitat. This Act prevents the Secretary from initiating or

permitting a new use of a refuge or expanding, renewing, or extending

an existing use of a refuge, unless the Secretary has determined that

the use is a compatible use and that the use is not inconsistent with

public safety.

The RRA, authorizes the Secretary to administer areas within the

System for public recreation as an appropriate incidental or secondary

use only to the extent that it is practicable and not inconsistent with

the primary purpose(s) for which the areas were

established. This Act requires that any recreational use of refuge

lands be compatible with the primary purposes for which a refuge was

established and not inconsistent with other previously-authorized

operations.

The NWRSAA, and RRA, also authorize the Secretary to issue

regulations to carry out the purposes of the Acts and regulate uses.

Hunting and sport fishing plans are developed for each existing

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

Service develops refuge-specific regulations to ensure the

compatibility of the programs with the purposes for which the refuge

was established. Initial compliance with the NWRSAA and the RRA has

been ensured for hunting and sport fishing on newly acquired refuges

through an interim determination of compatibility made at the time of

acquisition. This ensures that the determinations required by these

acts are made prior to the addition of refuges to the lists of areas

open to hunting and fishing in 50 CFR part 32

fuge

was established. Initial compliance with the NWRSAA and the RRA has

been ensured for hunting and sport fishing on newly acquired refuges

through an interim determination of compatibility made at the time of

acquisition. This ensures that the determinations required by these

acts are made prior to the addition of refuges to the lists of areas

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

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

fishing plans and by annual review of hunting and sport fishing

programs and regulations.

In preparation for new openings, the following documents are

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

approval from the Washington Office: an interim hunting and fishing

management plan; a Section 7 determination pursuant to the Endangered

Species Act, that these openings will have no effect, or are not likely

to have an adverse effect, on listed species or critical habitats; a

letter of concurrence from the affected State; interim compatibility

determination; and refuge-specific regulations to administer the

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

Service, acting for the Secretary, has determined that the opening of

these National Wildlife Refuges to hunting and fishing is compatible

with the principles of sound fish and wildlife management and

administration and otherwise will be in the public interest.

The following wildlife-dependent recreational activities are

proposed:

Hunting of migratory game birds, upland game and big game is

proposed to start at Canaan Valley National Wildlife Refuge, West

Virginia.

Hunting of migratory game birds and upland game is proposed to be

opened for the first time on Key Cave National Wildlife Refuge,

Alabama.

Hunting of Migratory Game Birds and sport fishing is proposed to

open at Trustom Pond National Wildlife Refuge, Rhode Island

of migratory game birds, upland game and big game is

proposed to start at Canaan Valley National Wildlife Refuge, West

Virginia.

Hunting of migratory game birds and upland game is proposed to be

opened for the first time on Key Cave National Wildlife Refuge,

Alabama.

Hunting of Migratory Game Birds and sport fishing is proposed to

open at Trustom Pond National Wildlife Refuge, Rhode Island.

Sport fishing is proposed to be opened for the first time at Breton

National Wildlife Refuge, Louisiana; Amagansett, Oyster Bay, Seatuck

and Target Rock National Wildlife Refuges, New York; Block Island,

Ninigret, Pettaquamscutt Cove and Sachuest Point National Wildlife

Refuges, Rhode Island; Dungeness and Nisqually National Wildlife

Refuges, Washington; Guam, Kilauea Point and Midway Atoll National

Wildlife Refuges, Pacific Islands Territory. The remaining regulations

represent revisions to existing refuge specific regulations.

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

determined that these openings are compatible and consistent with the

primary purposes for which the refuge was established.

Need for This Regulation

The Service proposes to add additional refuges to the list of areas

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

specific regulations for such activities; and amend certain regulations

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

game hunting, big game hunting and sport fishing for the 1998-99

seasons. On many refuges, the Service policy of adopting regulations

identical to State regulations is adequate in meeting National Wildlife

Refuge System objectives. On other refuges, it is necessary to

supplement State regulations with more restrictive Federal regulations

to ensure that the Service meets its management responsibilities, as

outlined under the section entitled ``Statutory Authority'' in the

proposed rule

Service policy of adopting regulations

identical to State regulations is adequate in meeting National Wildlife

Refuge System objectives. On other refuges, it is necessary to

supplement State regulations with more restrictive Federal regulations

to ensure that the Service meets its management responsibilities, as

outlined under the section entitled ``Statutory Authority'' in the

proposed rule. The Service issues refuge-specific regulations when

opening a national wildlife refuge or modifying the various uses of a

refuge, and for all hunting or sport fishing. These regulations list

the prohibited uses, limited uses and those activities that are

available without restriction. They also list those wildlife species

that may be hunted or fished for along with the respective, seasons,

bag limits, methods of hunting or fishing, descriptions of open areas,

and other provisions as appropriate. Many of the amendments to these

sections in this proposed regulation are promulgated to provide greater

restriction and clarify the existing language of existing regulations

and should result in less violations of refuge regulations.

Why Alternative Approaches Are Not Feasible

Refuge officers process violations notices through the Federal

District Court's Violation Notice procedures. U.S. Magistrates have

required refuge regulations to be printed in the Code of Federal

Regulations before they will accept refuge violations into their

courts. Federal recreation regulations are not prosecuted in the State

courts, and voluntary compliance of regulations has not been

successful.

Authority Under Which This Rule Will be Published

The National Wildlife Refuge System Administration Act of 1966, (16

U.S.C. Sec. 668dd (b)(5) and (d)(1)).

Regulatory Planning and Review

ulations before they will accept refuge violations into their

courts. Federal recreation regulations are not prosecuted in the State

courts, and voluntary compliance of regulations has not been

successful.

Authority Under Which This Rule Will be Published

The National Wildlife Refuge System Administration Act of 1966, (16

U.S.C. Sec. 668dd (b)(5) and (d)(1)).

Regulatory Planning and Review

In accordance with the criteria in Executive Order 12866, this rule

is not a significant regulatory action.

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 government. A cost-benefit and economic

analysis is not required. This proposed rule is administrative, legal,

technical and procedural in nature and makes only minor modifications

to existing refuge public use programs. The proposed regulations do not

liberalize refuge regulations, but clarifies what a refuge visitor may

or may not do on a refuge.

b. This rule will not create inconsistencies with other agencies'

actions. Recreational use on National Wildlife Refuges is coordinated

with State governments as well as other Federal agencies having

adjoining or over-lapping jurisdiction before the regulations are

proposed. The proposed regulation is consistent with, and not less

restrictive than, other agencies' rules.

c. This rule will not materially affect entitlements, grants, user

fees, loan programs, or the rights and obligations of their recipients.

The provisions of this proposed rule only applies to persons involved

in wildlife-dependent public use including regulated hunting and sport

fishing on National Wildlife Refuges, which is a privilege and not a

right. User fees will not change as a result of this rule.

d. This rule will not raise novel legal or policy issues. The

Solicitor's office has reviewed and approved the contents of this

proposed rule.

Regulatory Flexibility Act

lies to persons involved

in wildlife-dependent public use including regulated hunting and sport

fishing on National Wildlife Refuges, which is a privilege and not a

right. User fees will not change as a result of this rule.

d. This rule will not raise novel legal or policy issues. The

Solicitor's office has reviewed and approved the contents of this

proposed rule.

Regulatory Flexibility Act

I 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 USC 601 et seq.). A final Regulatory

Flexibility Analysis is not

attached. Accordingly, a Small Entity Compliance Guide is not required.

This rulemaking will not have a significant economic impact on a

substantial number of small entities. The National Wildlife Refuge

System was created to conserve fish, wildlife, and plants and their

habitats. This conservation mission has been facilitated by providing

Americans opportunities to visit and participate in compatible

wildlife-dependent recreation, including fishing, hunting, wildlife

observation and photography, and environmental education and

interpretation as priority public uses on National Wildlife Refuges and

to better appreciate the value of, and need for, fish and wildlife

conservation.

This proposed rule is administrative, legal, technical and

procedural in nature and provides for minor changes to the methods of

hunting and fishing permitted within the National Wildlife Refuge

System, but does not stop the overall use permitted. This proposed rule

will not change the number of visitors using refuges, nor the amount of

revenue spent in the area of refuges during these visits. This

rulemaking will have no impact on local economies by increasing or

decreasing visitation and expenditures in the surrounding area of

national wildlife refuges because this proposed rule does not restrict

visitors from utilizing refuges, but rather modifies their behavior

while they are on refuges

using refuges, nor the amount of

revenue spent in the area of refuges during these visits. This

rulemaking will have no impact on local economies by increasing or

decreasing visitation and expenditures in the surrounding area of

national wildlife refuges because this proposed rule does not restrict

visitors from utilizing refuges, but rather modifies their behavior

while they are on refuges.

Refuge visitors will continue to contribute to the local economies

at the same rate for food and lodging, transportation, fishing and

hunting licenses, binoculars, spotting scopes, outdoor magazines,

sportsman's club membership dues, contributions, land leasing and

ownership, hunting and fishing stamps, tags, permits, arms, ammunition

and fishing tackle.

Economic impacts of refuge fishing and hunting programs on local

communities are calculated from average expenditures in the ``1996

National Survey of Fishing, Hunting, and Wildlife-Associated

Recreation'' and ``Banking on Nature: The Economic Benefits to Local

Communities of National Wildlife Refuge Visitation.''

In 1996, 77 million U.S. residents, about 40 percent of the

population 16 years old and older, participated in wildlife-associated

recreation activities expending $101 billion in the United States. Of

this group, 35.2 million enjoyed a variety of fishing opportunities and

14 million hunted, while 62.9 million enjoyed at least one type of

wildlife-watching recreation activity including observing, feeding or

photographing fish and other wildlife, in the United States.

Recreational visits to national wildlife refuges generates

substantial economic activity. In fiscal year 1995, people visited

refuges more than 27.7 million times for recreation and environmental

education. Their spending generated $401.1 million of sales in regional

economies. As this spending flowed through the economy, it generated

more than 10,000 employed people and $162.9 million in employment

income

sits to national wildlife refuges generates

substantial economic activity. In fiscal year 1995, people visited

refuges more than 27.7 million times for recreation and environmental

education. Their spending generated $401.1 million of sales in regional

economies. As this spending flowed through the economy, it generated

more than 10,000 employed people and $162.9 million in employment

income. This spending should continue at a proportionate rate into the

future.

At these 65 National Wildlife Refuges included in this proposed

regulation, 701,000 fishermen are estimated to spend $28.7 million

annually in pursuit of their sport, while approximately 343,000 hunters

will spend $11.3 million annually hunting on the refuges. While many of

these fishermen and hunters already make such expenditures prior to the

refuge opening, some of these additional expenditures directly are due

to the land now being open to the general public.

The Department of the Interior certifies that this document will

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

entities such as businesses, organizations and governmental

jurisdictions in the area under the Regulatory Flexibility Act of 1980

(5 U.S.C. 601 et seq.).

Small Business Regulatory Enforcement Fairness Act

This rule is not a major rule under 5 U.S.C. 804(2), the Small

Business Regulatory Enforcement Fairness Act. This rule:

a. Does not have an annual effect on the economy of $100 million or

more. These proposed regulations will affect only visitors at National

Wildlife Refuges. It will not cause any changes in the number of

visitors using the refuge, but only limit what they can do while they

are on a refuge. Refer to response under Regulatory Flexibility Act.

b. Will not cause a major increase in costs or prices for

consumers, individual industries, Federal, State, or local government

agencies, or geographic regions. These proposed regulations will affect

only visitors at National Wildlife Refuges

he number of

visitors using the refuge, but only limit what they can do while they

are on a refuge. Refer to response under Regulatory Flexibility Act.

b. Will not cause a major increase in costs or prices for

consumers, individual industries, Federal, State, or local government

agencies, or geographic regions. These proposed regulations will affect

only visitors at National Wildlife Refuges. It will not cause any

changes in the number of visitors using the refuge, but only limit what

they can do while they are on a refuge. Refer to response under

Regulatory Flexibility Act.

c. Does not have significant adverse effects on competition,

employment, investment, productivity, innovation, or the ability of

U.S.-based enterprises to compete with foreign-based enterprises. These

proposed regulations will affect only visitors at National Wildlife

Refuges. It will not cause any changes in the number of visitors using

the refuge, but only limit what they can do while they are on a refuge.

Refer to response under Regulatory Flexibility Act.

Unfunded Mandates Reform Act

In accordance with the Unfunded Mandates Reform Act (2 U.S.C. 1501,

et seq.):

a. This rule will not ``significantly or uniquely'' affect small

governments. A Small Government Agency Plan is not required.

b. This rule will not produce a Federal mandate of $100 million or

greater in any year, i.e., it is not a ``significant regulatory

action'' under the Unfunded Mandates Reform Act.

Takings

In accordance with Executive Order 12630, the rule does not have

significant takings implications. The Service has determined that the

rule has no potential takings of private property implications A

takings implication assessment is not required. These proposed

regulations will affect only visitors at National Wildlife Refuges. It

will not cause any changes in the number of visitors using the refuge,

but only limit what they can do while they are on a refuge. Refer to

response under Regulatory Flexibility Act.

Federalism

rule has no potential takings of private property implications A

takings implication assessment is not required. These proposed

regulations will affect only visitors at National Wildlife Refuges. It

will not cause any changes in the number of visitors using the refuge,

but only limit what they can do while they are on a refuge. Refer to

response under Regulatory Flexibility Act.

Federalism

In accordance with Executive Order 12612, the rule does not have

significant Federalism effects. A Federalism assessment is not

required. This rule will not have substantial direct effects on the

States, in their relationship between the Federal Government and the

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

various levels of government. Therefore, in accordance with Executive

Order 12612, the Service has determined that this rule does not have

sufficient Federalism implications to warrant the preparation of a

Federalism Assessment.

Civil Justice Reform

In accordance with Executive Order 12988, the Office of the

Solicitor has determined that the rule does not unduly burden the

judicial system and meets the requirements of sections 3(a) and 3(b)(2)

of the Order. The proposed regulation will clarify established

regulations, and result in better understanding of the regulations by

refuge visitors. They will be enforced through the use of U.S. District

Court

Violation Notice procedures. A refuge regulation violator can plead

guilty and forfeit a set amount of fine established at the time of the

violation by the refuge officer. This is completed through the mail

without a court appearance. A violator can also plead not guilty on the

notice and the Magistrates Court will set an appearance date and time

and notify both the violator and officer to appear in Magistrates Court

for a hearing and/or trial,in accordance with U.S. District Court Rules

of Procedure.

Paperwork Reduction Act (44 U.S.C. 3501 et seq., 5 CFR 1320, Pub.

L. 04-13)

through the mail

without a court appearance. A violator can also plead not guilty on the

notice and the Magistrates Court will set an appearance date and time

and notify both the violator and officer to appear in Magistrates Court

for a hearing and/or trial,in accordance with U.S. District Court Rules

of Procedure.

Paperwork Reduction Act (44 U.S.C. 3501 et seq., 5 CFR 1320, Pub.

L. 04-13)

This regulation does not contain any information collection that

requires Office of Management and Budget approval under the Paperwork

Reduction Act 44 U.S.C. 3501 et seq.

Government-to-Government Relationship With Tribes

In accordance with the President's memorandum of April 29, 1994,

``Government-to-Government Relations with Native American Tribal

Governments'' (59 FR 22951) and 512 DM 2: We have evaluated possible

effects on Federally recognized Indian tribes and have determined that

there are no effects.

Section 7 Consultation (16 U.S.C. 1531 et seq., 50 CFR 402)

In preparation for new openings, Section 7 consultation documents

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

and approval from the Washington Office. The Service reviewed the

changes in hunting and fishing herein proposed with regard to Section 7

of the Endangered Species Act of 1973 (16 U.S.C. 1531-1543) and finds

the proposed action is not likely to jeopardize the continued existence

of any endangered species or threatened species or result in the

destruction or adverse modification of habitat of such species within

the System since the rule is primarily administrative, legal, technical

or procedural in nature and/or makes minor modifications to existing

public use programs. The Service complies with Section 7 of the

Endangered Species Act of 1973 (16 U.S.C

ued existence

of any endangered species or threatened species or result in the

destruction or adverse modification of habitat of such species within

the System since the rule is primarily administrative, legal, technical

or procedural in nature and/or makes minor modifications to existing

public use programs. The Service complies with Section 7 of the

Endangered Species Act of 1973 (16 U.S.C. 1531-1543) when developing

comprehensive conservation plans, refuge public use management plans,

and prior to implementing any new or revised public recreation program

on a refuge as identified in 50 CFR 26.32 Determinations required by

the Endangered Species Act are also made on a case-by-case basis before

the addition of a refuge to the lists of areas open to hunting or

fishing as contained in 50 CFR 32.7.

National Environmental Policy Act

The Service analyzed this rule in accordance with the criteria of

the National Environmental Policy Act and 318 DM 2.2(g) and 6.3(D).

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. The Service ensures compliance

when hunting and sport fishing plans are developed, and the

determinations required by NEPA are made prior to the addition of

refuges to the lists of areas open to hunting and fishing in 50 CFR

part 32. The amendment of refuge-specific hunting and fishing

regulations are subject to a categorical exclusion from the NEPA

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

particular national wildlife refuge. The Service exclusion found at 516

DM 6, App

s required by NEPA are made prior to the addition of

refuges to the lists of areas open to hunting and fishing in 50 CFR

part 32. The amendment of refuge-specific hunting and fishing

regulations are subject to a categorical exclusion from the NEPA

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

particular national wildlife refuge. The Service exclusion found at 516

DM 6, App. 1.4 B(5) is employed here as these amendments are considered

``[m]inor changes in the amounts or types of public use on FWS or

State-managed lands, in accordance with regulations, management plans,

and procedures.'' These refuge-specific hunting and fishing regulations

simply qualify or otherwise define a hunting or fishing activity, for

purposes of resource management. These documents are on file in the

offices of the Service and may be viewed by contacting the primary

author noted below.

Available Information for Specific Refuges

Individual refuge headquarters retain information regarding public

use programs and the conditions that apply to their specific programs,

and maps of their respective areas. You may also obtain information

from the regional offices at the addresses listed below:

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

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

Fish and Wildlife Service, Eastside Federal Complex, Suite 1692, 911

N.E. 11th Avenue, Portland, Oregon 97232-4181; Telephone (503) 231-

6214.

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

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

Box 1306, Albuquerque, New Mexico 87103; Telephone (505) 766-1829.

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

Ohio and Wisconsin. Assistant Regional Director--Refuges and Wildlife,

U.S. Fish and Wildlife Service, Federal Building, Fort Snelling, Twin

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

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

Box 1306, Albuquerque, New Mexico 87103; Telephone (505) 766-1829.

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

Ohio and Wisconsin. Assistant Regional Director--Refuges and Wildlife,

U.S. Fish and Wildlife Service, Federal Building, Fort Snelling, Twin

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

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

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

the Virgin Islands. Assistant Regional Director--Refuges and Wildlife,

U.S. Fish and Wildlife Service, 1875 Century Boulevard, Room 324,

Atlanta, Georgia 30345; Telephone (404) 679-7152.

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

Maryland, Massachusetts, New Hampshire, New Jersey, New York,

Pennsylvania, Rhode Island, Vermont, Virginia and West Virginia.

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

Wildlife Service, 300 Westgate Center Drive, Hadley, Massachusetts

01035-9589; Telephone (413) 253-8550.

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

Dakota, Utah and Wyoming. Assistant Regional Director--Refuges and

Wildlife, U.S. Fish and Wildlife Service, Box 25486, Denver Federal

Center, Denver, Colorado 80225; Telephone (303) 236-8145.

Region 7--Alaska. Assistant Regional Director--Refuges and

Wildlife, U.S. Fish and Wildlife Service, 1011 E. Tudor Rd., Anchorage,

Alaska 99503; Telephone (907) 786-3545.

Primary Author: Stephen R. Vehrs, Refuge Program Specialist,

Division of Refuges, U.S. Fish and Wildlife Service, Washington, DC

20240, is the primary author of this proposed 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, the Service proposes to

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

Regulations as follows:

PART 32--[AMENDED]

ife Service, Washington, DC

20240, is the primary author of this proposed 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, the Service proposes to

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-ee, and

715i.

2. Section 32.2 is amended by revising the heading, the

introductory text, and by adding paragraph (k) to read as follows:

Sec. 32.2 General provisions regarding hunting on areas of the

National Wildlife Refuge System.

The following provisions shall apply to each person while engaged

in public

hunting on areas of the National Wildlife Refuge System:

* * * * *

(k) Persons may only use or possess nontoxic shot identified in 50

CFR 20.21(j) while hunting with shotguns or muzzleloaders on Waterfowl

Production Areas, or on certain other areas of the National Wildlife

Refuge System as delineated on maps, leaflets and/or signs, available

at each refuge headquarters or posted at each refuge, or as stated in

refuge specific regulations. This regulation does not apply to turkey

and deer hunters using buckshot or slugs, except as specifically

authorized by refuge specific regulations.

Sec. 32.7 [Amended]

reas, or on certain other areas of the National Wildlife

Refuge System as delineated on maps, leaflets and/or signs, available

at each refuge headquarters or posted at each refuge, or as stated in

refuge specific regulations. This regulation does not apply to turkey

and deer hunters using buckshot or slugs, except as specifically

authorized by refuge specific regulations.

Sec. 32.7 [Amended]

3. Section 32.7 is amended by alphabetically adding the listing

``Key Cave National Wildlife Refuge'' to the State of Alabama; by

alphabetically adding the listing ``Breton National Wildlife Refuge''

to the State of Louisiana; by removing the alphabetical listing of

``Pond Island National Wildlife Refuge'' from the State of Maine; by

alphabetically adding the listings ``Amagansett National Wildlife

Refuge,'' ``Oyster Bay National Wildlife Refuge,'' ``Seatuck National

Wildlife Refuge,'' and ``Target Rock National Wildlife Refuge'' to the

State of New York; by revising the listing of ``Tinicum National

Environmental Center to read ``John Heinz National Wildlife Refuge at

Tinicum'' in the State of Pennsylvania; by alphabetically adding the

listings ``Block Island National Wildlife Refuge,'' ``Ninigret National

Wildlife Refuge,'' ``Pettaquamscutt Cove National Wildlife Refuge,''

``Sachuest Point National Wildlife Refuge,'' and ``Trustom Pond

National Wildlife Refuge'' to the State of Rhode Island; by

alphabetically adding the listings ``Dungeness National Wildlife

Refuge'' and ``Nisqually National Wildlife Refuge'' to the State of

Washington; by alphabetically adding the listing ``Canaan Valley

National Wildlife Refuge'' to the State of West Virginia; by

alphabetically adding the listings``Guam National Wildlife Refuge'' and

``Midway Atoll National Wildlife Refuge'' to the Pacific Islands

Territory.

4. Section 32.20 Alabama is amended by revising paragraphs D.1.,

D.2. and adding paragraph D.4

Refuge'' to the State of

Washington; by alphabetically adding the listing ``Canaan Valley

National Wildlife Refuge'' to the State of West Virginia; by

alphabetically adding the listings``Guam National Wildlife Refuge'' and

``Midway Atoll National Wildlife Refuge'' to the Pacific Islands

Territory.

4. Section 32.20 Alabama is amended by revising paragraphs D.1.,

D.2. and adding paragraph D.4. of Eufaula National Wildlife Refuge; and

adding the alphabetical listing of Key Cave National Wildlife Refuge to

read as follows:

Sec. 32.20 Alabama.

* * * * *

Eufaula National Wildlife Refuge

* * * * *

D. Sport Fishing. * * *

1. Fishermen may fish, including bowfishing, only during daylight

hours on refuge impoundments and waters other than the Walter F. George

Reservoir.

2. Fishermen may not frog or trap turtles in impounded waters not

contiguous with the Walter F. George Reservoir.

* * * * *

4. Reciprocal license agreements between Alabama and Georgia only

apply to waters contiguous with the Walter F. George Reservoir.

Fishermen must possess current State of Alabama fishing licenses when

fishing in refuge impoundments.

Key Cave National Wildlife Refuge

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

on designated portions of the refuge subject to the following

condition. Permits are required.

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

rabbits, raccoons, and opossum on designated portions of the refuge

subject to the following condition: Permits are required.

C. Big Game Hunting. [Reserved]

D. Sport Fishing. [Reserved]

* * * * *

5. Section 32.24 California is amended by revising paragraph C.1.

of Clear Lake National Wildlife Refuge to read as follows:

Sec. 32.24 California.

* * * * *

Clear Lake National Wildlife Refuge

rabbits, raccoons, and opossum on designated portions of the refuge

subject to the following condition: Permits are required.

C. Big Game Hunting. [Reserved]

D. Sport Fishing. [Reserved]

* * * * *

5. Section 32.24 California is amended by revising paragraph C.1.

of Clear Lake National Wildlife Refuge to read as follows:

Sec. 32.24 California.

* * * * *

Clear Lake National Wildlife Refuge

* * * * *

C. Big Game Hunting. * * *

1. Hunters may hunt only in the unit for nine (9) consecutive days

beginning on the first Saturday following the third Wednesday in

August.

* * * * *

6. Section 32.28 Florida is amended by revising paragraph D.3. of

Lower Suwannee National Wildlife Refuge; by revising the introductory

text of paragraph B. and paragraph D. of St. Marks National Wildlife

Refuge; and by revising paragraph D. of Ten Thousand Islands National

Wildlife Refuge to read as follows:

Sec. 32.28 Florida.

* * * * *

Lower Suwannee National Wildlife Refuge

* * * * *

D. Sport Fishing. * * *

* * * * *

3. Boats may not be left on the refuge overnight.

* * * * *

St. Marks National Wildlife Refuge

* * * * *

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

raccoon on designated areas of the refuge subject to the following

condition: Permits are required.

* * * * *

D. Sport Fishing. Anglers may fish and crab on designated areas of

the refuge subject to the following conditions:

1. Anglers may fish and crab only from sunrise to sunset.

2. Anglers may only use boats with motors of 10 horsepower or less

in refuge pools and lakes.

3. Anglers may only use boats with or without motors on the St.

Marks Unit pools from March 15 through October 15.

4. Anglers may take only fish species, and fish limits authorized

by State regulations.

5. Anglers may not take frogs or turtles.

6. Anglers may fish and boat in Panacea Unit ponds year round.

Anglers may access Panacea Unit ponds in a vehicle only from March 15

through May 15. Anglers may fish and boat in Otter Lake year round.

7

the St.

Marks Unit pools from March 15 through October 15.

4. Anglers may take only fish species, and fish limits authorized

by State regulations.

5. Anglers may not take frogs or turtles.

6. Anglers may fish and boat in Panacea Unit ponds year round.

Anglers may access Panacea Unit ponds in a vehicle only from March 15

through May 15. Anglers may fish and boat in Otter Lake year round.

7. Anglers may not launch commercial boats at the saltwater boat

ramp on Co. Rd. 59 (Lighthouse Rd.).

8. Anglers may only take bait fish and non-game fish by hook and

line in refuge ponds, lakes, and impoundments.

9. Anglers may not use crab traps in refuge pools and impoundments

on the St. Marks Unit.

* * * * *

Ten Thousand Islands National Wildlife Refuge

* * * * *

D. Sport Fishing. Anglers may fish only on designated portions of

the refuge subject to the following conditions:

1. Anglers may not use airboats, hovercraft, off road vehicles, or

personal water craft in freshwater and brackish water wetlands and

water bodies.

2. Anglers may fish in freshwater and brackish water creeks and

ponds year round from sunrise to sunset. Anglers may enter these areas

only from sunrise to sunset.

3. Anglers may fish in tidal waters year round and 24 hours a day.

4. Anglers may not fish with trotlines, gigs, spears, bush hooks,

snatch hooks,

crossbows or bows and arrows of any type.

5. Anglers may enter the refuge to crab in freshwater and brackish

water areas only from sunrise to sunset. Recreational anglers may use

crab pots only in accordance with State regulations, except that crab

pots abandoned or not checked after 72 hours are subject to

impoundment.

* * * * *

7. Section 32.29 Georgia is amended by revising paragraph D.4. and

removing paragraph D.5. of Blackbeard Island National Wildlife Refuge;

by revising paragraphs D.1., removing paragraph D.2., and renumbering

paragraph D.3. as paragraph D.2. of Harris Neck National Wildlife

Refuge; by revising paragraphs D.1., D.2., D.4

doned or not checked after 72 hours are subject to

impoundment.

* * * * *

7. Section 32.29 Georgia is amended by revising paragraph D.4. and

removing paragraph D.5. of Blackbeard Island National Wildlife Refuge;

by revising paragraphs D.1., removing paragraph D.2., and renumbering

paragraph D.3. as paragraph D.2. of Harris Neck National Wildlife

Refuge; by revising paragraphs D.1., D.2., D.4. and adding paragraph

D.6. of Savannah National Wildlife Refuge; by revising the introductory

text of paragraphs D and D.1., and by removing paragraph D.3. of Wolf

Island National Wildlife Refuge to read as follows:

Sec. 32.29 Georgia.

* * * * *

Blackbeard Island National Wildlife Refuge

* * * * *

D. Sport Fishing. * * *

* * * * *

4. Anglers may only bank fish into estuarine waters from sunrise to

sunset daily.

* * * * *

Harris Neck National Wildlife Refuge

* * * * *

D. Sport Fishing. * * *

1. Anglers may fish in estuarine waters year round from sunrise to

sunset daily.

* * * * *

Savannah National Wildlife Refuge

* * * * *

D. Sport Fishing. * * *

1. Anglers may fish in refuge impoundments and canals from March 1

through November 30 annually.

2. Anglers may fish in Black Pond year round.

* * * * *

4. Anglers may bank fish year round in the canal adjacent to the

wildlife drive.

* * * * *

6. Anglers may only use non-motorized boats and boats with electric

motors.

* * * * *

Wolf Island National Wildlife Refuge

* * * * *

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

refuge subject to the following condition:

1. Anglers may fish year round from sunrise to sunset.

8. Section 32.32 Illinois is amended by revising paragraphs A.1.,

A.2., A.3. and B.3. of Cypress Creek National Wildlife Refuge to read

as follows:

Sec. 32.32 Illinois.

* * * * *

Cypress Creek National Wildlife Refuge

ge

* * * * *

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

refuge subject to the following condition:

1. Anglers may fish year round from sunrise to sunset.

8. Section 32.32 Illinois is amended by revising paragraphs A.1.,

A.2., A.3. and B.3. of Cypress Creek National Wildlife Refuge to read

as follows:

Sec. 32.32 Illinois.

* * * * *

Cypress Creek National Wildlife Refuge

A. Hunting of Migratory Game Birds. * * *

1. Hunters may dove hunt on sunflower fields only on Mondays,

Wednesdays, and Saturdays starting September 1. Hunters may hunt only

from noon to 5 pm. Hunters must sign in and out and report daily

harvest at registration box. All hunting must be from field borders

only. Hunters may not hunt or shoot from the interior of sunflower

fields or within 100 yards of roadways. Hunters may not carry or use

guns while retrieving downed doves from field interiors.

2. On the Bellrose Waterfowl Reserve--Hunters may not hunt ducks.

Hunters may hunt only geese following the closure of the state duck

season. Hunters may hunt only on Tuesdays, Thursdays, and Sundays.

Hunters may hunt only from sunrise to 1 pm. All hunters must remove

blinds and decoys, and be off the unit by 2 pm daily. Hunters may not

enter the area prior to 5 am. Hunters may not hunt during special snow

goose seasons after the closure of the regular goose season. Hunters

may use only temporary or portable blinds; Hunters may not construct

pit blinds. No one may hunt within 100 yards of any private property

boundary. Distance between hunting parties must be at least 200 yards.

All hunters must sign in and out and report daily harvest at the

registration box.

3. Hunters must remove boats, decoys, and blinds from the refuge at

the conclusion of each days hunt.

* * * * *

B. Upland Game Hunting. * * *

* * * * *

3. Hunters may only use or possessed nontoxic shot while hunting

for any permitted birds except wild turkey. Hunters may use lead shot

while hunting wild turkey.

* * * * *

9

sign in and out and report daily harvest at the

registration box.

3. Hunters must remove boats, decoys, and blinds from the refuge at

the conclusion of each days hunt.

* * * * *

B. Upland Game Hunting. * * *

* * * * *

3. Hunters may only use or possessed nontoxic shot while hunting

for any permitted birds except wild turkey. Hunters may use lead shot

while hunting wild turkey.

* * * * *

9. Section 32.34 Iowa is amended by revising the introductory text

of paragraph B., and revising paragraph C.2. of Union Slough National

Wildlife Refuge to read as follows:

* * * * *

Sec. 32.34 Iowa.

* * * * *

Union Slough National Wildlife Refuge

* * * * *

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

areas of the refuge subject to the following condition: Hunters may

only use or possess nontoxic shot while hunting upland game, except

wild turkeys. Hunters may possess and use lead shot for wild turkey

hunting.

C. Big Game Hunting. * * *

* * * * *

2. Hunters must remove all hunting stands from the refuge at the

end of each day's hunt.

* * * * *

10. Section 32.36 Kentucky is amended by adding paragraph D.3. of

Reelfoot National Wildlife Refuge to read as follows:

Sec. 32.36 Kentucky.

* * * * *

Reelfoot National Wildlife Refuge

* * * * *

D. Sport Fishing. * * *

* * * * *

3. Anglers may not entry the refuge, or use airboats, hovercraft,

or jet skis (personal water-craft) on any waters within the refuge

boundary.

11. Section 32.37 Louisiana is amended by adding Breton National

Wildlife Refuge; by revising the introductory text of paragraphs A. and

D., of Cameron Prairie National Wildlife Refuge; and by revising the

text of paragraphs A. and D. of the Lake Ophelia National Wildlife

Refuge to read as follows:

Sec. 32.37 Louisiana.

* * * * *

Breton National Wildlife Refuge

within the refuge

boundary.

11. Section 32.37 Louisiana is amended by adding Breton National

Wildlife Refuge; by revising the introductory text of paragraphs A. and

D., of Cameron Prairie National Wildlife Refuge; and by revising the

text of paragraphs A. and D. of the Lake Ophelia National Wildlife

Refuge to read as follows:

Sec. 32.37 Louisiana.

* * * * *

Breton National Wildlife Refuge

A. Hunting of Migratory Game Birds. [Reserved]

B. Upland Game Hunting. [Reserved]

C. Big Game Hunting. [Reserved]

D. Sport Fishing. Anglers may fish and crab on designated areas of

the refuge subject to the following conditions:

1. Anglers may fish year-round from sunrise to sunset only.

2. Crabbers must tend crabbing equipment at all times.

3. Anglers may not use trotlines, slat traps, or nets.

4. Refuge visitors may not use open fires.

* * * * *

Cameron Prairie National Wildlife Refuge

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

designated areas of the refuge subject to the following condition:

Refuge permits required.

* * * * *

D. Sport Fishing. Anglers may sport fish on Gibbston Unit. Anglers

may sport fish and castnet on the East Cove Unit subject to the

following conditions: Any person entering, using or occupying the

refuge must abide by all terms and conditions set forth in the

appropriate refuge fishing brochure.

* * * * *

Lake Ophelia National Wildlife Refuge

A. Hunting of Migratory Game Birds. Hunters may hunt duck, coots,

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

following condition: Hunters must possess a refuge daily permit.

* * * * *

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

refuge subject to the following condition: Anglers must possess a

refuge daily permit.

* * * * *

12. Section 32.38 Maine is amended by removing the alphabetical

listing of Pond Island National Wildlife Refuge; by adding paragraph

A.3., revising the introductory text of B., revising paragraphs B.2.,

B.3., removing B.4.,revising C

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

refuge subject to the following condition: Anglers must possess a

refuge daily permit.

* * * * *

12. Section 32.38 Maine is amended by removing the alphabetical

listing of Pond Island National Wildlife Refuge; by adding paragraph

A.3., revising the introductory text of B., revising paragraphs B.2.,

B.3., removing B.4.,revising C. 2., adding C.3. and C.4. of Rachel

Carson National Wildlife Refuge; and by revising paragraph D. of

Sunkhaze Meadows National Wildlife Refuge to read as follows:

Sec. 32.38 Maine.

* * * * *

Rachel Carson National Wildlife Refuge

A. Hunting of Migratory Game Birds. * * *

* * * * *

3. Designated Youth Hunting Areas are open to individuals under 18

who possess a permit. An adult must accompany youths under 15 years of

age. Accompanying adults possessing a permit may hunt.

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

areas of the refuge subject to the following conditions:

* * * * *

2. Hunters during the firearm deer season must wear in a

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

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

material.

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

shot.

C. Big Game Hunting. * * *

* * * * *

2. Designated youth hunting areas are open to individuals under 18

who possess a permit. An adult must accompany youths under 15 years of

age. Accompanying adults who possess a permit may hunt.

3. Hunters may hunt fox and coyotes during the firearm deer season

only.

4. Hunters during the firearm deer season must wear in a

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

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

material.

* * * * *

Sunkhaze Meadows National Wildlife Refuge

rs of

age. Accompanying adults who possess a permit may hunt.

3. Hunters may hunt fox and coyotes during the firearm deer season

only.

4. Hunters during the firearm deer season must wear in a

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

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

material.

* * * * *

Sunkhaze Meadows National Wildlife Refuge

* * * * *

D. Sport Fishing. Anglers may fish on the waters of and from the

banks of Sunkhaze Stream, Birch Stream, and Little Birch Stream, in

accordance with state regulations.

13. Section 32.39 Maryland is amended by revising paragraph C., and

by revising paragraph D. of Eastern Neck National Wildlife Refuge to

read as follows:

Sec. 32.39 Maryland.

* * * * *

Eastern Neck National Wildlife Refuge

* * * * *

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

areas of the refuge subject to the following conditions:

1. Refuge permits required.

2. The refuge is open to limited turkey hunting during the state

spring turkey season.

3. Hunters may only use archery, shotguns, and muzzleloaders for

deer, and shotguns only for turkey.

4. Hunters may not possess loaded weapons in parking areas,

blacktopped or graveled roads.

5. Deer hunters must wear in a conspicuous manner on head, chest

and back a minimum of 400 square inches of solid colored hunter orange

clothing or material.

6. Turkey hunters must wear a hat or cap of hunter orange when

moving to or from their blind or hunting position.

D. Sport Fishing. Anglers may saltwater fish from the Eastern Neck

Island bridge in accordance with state regulations.

* * * * *

14. Section 32.40 Massachusetts is amended by revising the

introductory text of paragraph D. of Oxbow National Wildlife Refuge to

read as follows:

Sec. 32.40 Massachusetts.

* * * * *

Oxbow National Wildlife Refuge

oving to or from their blind or hunting position.

D. Sport Fishing. Anglers may saltwater fish from the Eastern Neck

Island bridge in accordance with state regulations.

* * * * *

14. Section 32.40 Massachusetts is amended by revising the

introductory text of paragraph D. of Oxbow National Wildlife Refuge to

read as follows:

Sec. 32.40 Massachusetts.

* * * * *

Oxbow National Wildlife Refuge

* * * * *

D. Sport Fishing. Anglers may fish along the banks of the Nashua

River in accordance with state regulations.

* * * * *

15. Section 32.42 Minnesota is amended by revising the introductory

text of paragraph B., and adding paragraph B.3. of Tamarac National

Wildlife Refuge to read as follows:

Sec. 32.42 Minnesota.

* * * * *

Tamarac National Wildlife Refuge

* * * * *

B. Upland Game Hunting. Hunters may hunt ruffed grouse, red, gray

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

fox, raccoon, and striped skunk on designated areas of the refuge

subject to the following conditions:

* * * * *

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

hunting for all upland game species.

* * * * *

16. Amend Sec. 32.43 Mississippi by revising paragraphs A., B., and

C. of Dahomey National Wildlife Refuge; by revising paragraph D. and

removing paragraphs D.1. through D.4. of Hillside National Wildlife

Refuge; by revising paragraph D. of Mathews Break National Wildlife

Refuge; by revising paragraph D. of Morgan Break National Wildlife

Refuge; by revising paragraph D. and removing paragraphs D.1. through

D.4. of Panther Swamp National Wildlife Refuge, and adding paragraphs

D.4 and D.5. of St. Catherine Creek National Wildlife Refuge to read as

follows:

Sec. 32.43 Mississippi.

* * * * *

Dahomey National Wildlife Refuge

D. of Mathews Break National Wildlife

Refuge; by revising paragraph D. of Morgan Break National Wildlife

Refuge; by revising paragraph D. and removing paragraphs D.1. through

D.4. of Panther Swamp National Wildlife Refuge, and adding paragraphs

D.4 and D.5. of St. Catherine Creek National Wildlife Refuge to read as

follows:

Sec. 32.43 Mississippi.

* * * * *

Dahomey National Wildlife Refuge

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

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

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

required.

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

beaver, raccoon and opossum on designated areas of the refuge subject

to the following condition: Permits are required.

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

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

required.

* * * * *

Hillside National Wildlife Refuge

* * * * *

D. Sport Fishing. Fishing and frogging are permitted on designated

portions of the refuge subject to the following condition: Fishermen

must possess a refuge access permit.

Mathews Brake National Wildlife Refuge

* * * * *

D. Sport Fishing. Fishing and frogging are permitted on designated

areas of the refuge subject to the following condition: Fishermen must

possess a refuge access permit.

Morgan Brake National Wildlife Refuge

* * * * *

D. Sport Fishing. Fishing and frogging is permitted on designated

portions of the refuge subject to the following condition: Fishermen

must possess a refuge access permit.

* * * * *

Panther Swamp National Wildlife Refuge

* * * * *

D. Sport Fishing. Fishing and frogging is permitted on designated

areas of the refuge subject to the following condition: Fishermen must

possess a refuge access permit.

* * * * *

St. Catherine Creek National Wildlife Refuge

ted

portions of the refuge subject to the following condition: Fishermen

must possess a refuge access permit.

* * * * *

Panther Swamp National Wildlife Refuge

* * * * *

D. Sport Fishing. Fishing and frogging is permitted on designated

areas of the refuge subject to the following condition: Fishermen must

possess a refuge access permit.

* * * * *

St. Catherine Creek National Wildlife Refuge

* * * * *

D. Sport Fishing. * * *

* * * * *

4. The use of nets, seines, trotlines or any device for taking fish

other than rod and reel is not permitted.

5. Commercial fishing is not permitted.

17. Section 32.45 Montana is amended by revising paragraph C of

Charles M. Russell National Wildlife Refuge; and revising paragraph C

of UL Bend National Wildlife Refuge to read as follows:

* * * * *

Sec. 32.45 Montana.

* * * * *

Charles M. Russell National Wildlife Refuge

* * * * *

C. Big Game Hunting. Hunters may hunt big game subject to refuge

specific regulations as designated in refuge publications.

* * * * *

UL Bend National Wildlife Refuge

* * * * *

C. Big Game Hunting. Hunters may hunt big game subject to refuge-

specific regulations as designated in refuge publications.

* * * * *

18. Section 32.46 Nebraska is amended by revising introductory

paragraphs A., B., C. and D. of Valentine National Wildlife Refuge to

read as follows:

Sec. 32.46 Nebraska.

* * * * *

Valentine National Wildlife Refuge

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

birds on designated areas of the refuge subject to refuge specific

regulations.

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

areas of the refuge subject to refuge specific regulations.

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

of the refuge subject to refuge specific regulations.

D. Sport Fishing. Anglers may fish on designated portions of the

refuge subject to refuge specific regulations.

19. Section 32.47 Nevada is amended by revising paragraphs D.7 and

D.8

unt upland game on designated

areas of the refuge subject to refuge specific regulations.

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

of the refuge subject to refuge specific regulations.

D. Sport Fishing. Anglers may fish on designated portions of the

refuge subject to refuge specific regulations.

19. Section 32.47 Nevada is amended by revising paragraphs D.7 and

D.8. of Ruby Lake National Wildlife Refuge; and by revising paragraph

D.1. of Sheldon National Wildlife Refuge to read as follows:

Sec. 32.47 Nevada.

* * * * *

Ruby Lake National Wildlife Refuge

* * * * *

D. Sport Fishing. * * *

* * * * *

7. Anglers may not store boats of any kind on the refuge from

January 1 through May 31.

8. Anglers may wade and bank fish in the South Marsh only at Brown

Dike, the Main Boat Landing, and Narciss Boat Landing from January 1

through July 31 annually. Anglers may wade and bank fish in the entire

South Marsh, from August 1 through December 31, annually.

Sheldon National Wildlife Refuge

* * * * *

D. Sport Fishing. * * *

1. Big Springs Reservoir, Dufurrena Ponds, and Catnip Reservoir--

Anglers may bank fish, fish by wading, or use nonmotorized boats, boats

with electric motors, float tubes and similar floatation devices only.

Anglers may not fish from motorized boats.

* * * * *

20. Section 32.49 New Jersey is amended by adding paragraph A.4.,

of Cape May National Wildlife Refuge; and by revising paragraph C.2.

and removing paragraph C.3. of Great Swamp National Wildlife Refuge to

read as follows:

Sec. 32.49 New Jersey.

* * * * *

Cape May National Wildlife Refuge

A. Hunting of Migratory Game Birds. * * *

* * * * *

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

shot.

* * * * *

Great Swamp National Wildlife Refuge

e May National Wildlife Refuge; and by revising paragraph C.2.

and removing paragraph C.3. of Great Swamp National Wildlife Refuge to

read as follows:

Sec. 32.49 New Jersey.

* * * * *

Cape May National Wildlife Refuge

A. Hunting of Migratory Game Birds. * * *

* * * * *

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

shot.

* * * * *

Great Swamp National Wildlife Refuge

* * * * *

C. Big Game Hunting. * * *

* * * * *

2. Hunters must wear in a conspicuous manner on head, chest and

back a minimum of 400 square inches of solid-colored hunter orange

clothing or material.

* * * * *

21. Section 32.51 New York is amended by adding Amagansett National

Wildlife Refuge; revising the introductory text of paragraph D. of

Montezuma National Wildlife Refuge; and by adding the alphabetical

listings of Oyster Bay National Wildlife Refuge; Seatuck National

Wildlife Refuge; and Target Rock National Wildlife Refuge to read as

follows:

Sec. 32.51 New York.

* * * * *

Amagansett National Wildlife Refuge

A. Hunting of Migratory Game Birds. [Reserved]

B. Upland Game Hunting. [Reserved]

C. Big Game Hunting. [Reserved]

D. Sport Fishing. Anglers may surf fish in the Atlantic Ocean from

the refuge shoreline in accordance with state regulations.

* * * * *

Montezuma National Wildlife Refuge

* * * * *

D. Sport Fishing. Anglers may access the New York State Barge Canal

System waters at only three sites on the refuge: the Seneca River

Fishing Access Site, the May's Point Fishing Area, and the Armitage

Road Fishing Area. Anglers may either bank fish or boat fish, in

accordance with state regulations.

Oyster Bay National Wildlife Refuge

* * * * *

Montezuma National Wildlife Refuge

* * * * *

D. Sport Fishing. Anglers may access the New York State Barge Canal

System waters at only three sites on the refuge: the Seneca River

Fishing Access Site, the May's Point Fishing Area, and the Armitage

Road Fishing Area. Anglers may either bank fish or boat fish, in

accordance with state regulations.

Oyster Bay National Wildlife Refuge

A. Hunting of Migratory Game Birds. [Reserved]

B. Upland Game Hunting. [Reserved]

C. Big Game Hunting. [Reserved]

D. Sport Fishing. Anglers may fish in refuge-controlled waters of

Oyster Bay. Anglers may also fish from designated areas on the refuge

shoreline at Mill Pond during daylight hours. All fishing within the

refuge is in accordance with state regulations.

Seatuck National Wildlife Refuge

A. Hunting of Migratory Game Birds. [Reserved]

B. Upland Game Hunting. [Reserved]

C. Big Game Hunting. [Reserved]

D. Sport Fishing. Anglers may fish in refuge-controlled waters of

Great South Bay from boats only. All fishing is in accordance with

state regulations.

Target Rock National Wildlife Refuge

A. Hunting of Migratory Game Birds. [Reserved]

B. Upland Game Hunting. [Reserved]

C. Big Game Hunting. [Reserved]

D. Sport Fishing. Anglers may fish in Huntington Bay from the

refuge shoreline when the refuge is open to visitors. All fishing is in

accordance with state regulations.

* * * * *

22. Section 32.52 North Carolina is amended by revising paragraph

D. of Pocosin Lakes National Wildlife Refuge to read as follows:

Sec. 32.52 North Carolina.

* * * * *

Pocosin Lakes National Wildlife Refuge

erved]

D. Sport Fishing. Anglers may fish in Huntington Bay from the

refuge shoreline when the refuge is open to visitors. All fishing is in

accordance with state regulations.

* * * * *

22. Section 32.52 North Carolina is amended by revising paragraph

D. of Pocosin Lakes National Wildlife Refuge to read as follows:

Sec. 32.52 North Carolina.

* * * * *

Pocosin Lakes National Wildlife Refuge

* * * * *

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

refuge subject to the following conditions:

1. The refuge portion of New Lake and the Pungo Lake is open to

fishing from March 1 to November 1. The public may not access the

refuge portion of New Lake and Pungo Unit during the period from

November 2 to the end of February. Anglers may fish in all other refuge

waters year round.

2. Anglers may bank fish only on the Pungo Unit.

3. Anglers may only fish from sunrise to sunset.

4. Boats may not be left on the refuge overnight.

* * * * *

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

introductory text of Des Lacs National Wildlife Refuge; by revising

paragraph B.1. of Lake Zahl National Wildlife Refuge; by revising

paragraph B introductory text and adding paragraph B.1. of Tewaukon

National Wildlife Refuge; and by adding paragraph B.3. of Upper Souris

National Wildlife Refuge to read as follows:

Sec. 32.53 North Dakota.

* * * * *

Des Lacs National Wildlife Refuge

* * * * *

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

sharp-tailed grouse, gray partridge, turkey, cottontail rabbit,

jackrabbits, snowshoe hares and fox on designated areas of the refuge

subject to the following conditions:

* * * * *

Lake Zahl National Wildlife Refuge

* * * * *

B. Upland Game Hunting. * * *

* * * * *

1. Hunters may only possess and use nontoxic shot.

* * * * *

Tewaukon National Wildlife Refuge

may hunt ringnecked pheasants,

sharp-tailed grouse, gray partridge, turkey, cottontail rabbit,

jackrabbits, snowshoe hares and fox on designated areas of the refuge

subject to the following conditions:

* * * * *

Lake Zahl National Wildlife Refuge

* * * * *

B. Upland Game Hunting. * * *

* * * * *

1. Hunters may only possess and use nontoxic shot.

* * * * *

Tewaukon National Wildlife Refuge

* * * * *

B. Hunters may hunt ring-necked pheasants on designated areas of

the refuge subject to the following conditions:

1. Hunters may only possess and use nontoxic shot.

* * * * *

Upper Souris National Wildlife Refuge

* * * * *

B. Upland Game Hunting. * * *

* * * * *

3. Hunters may only possess and use nontoxic shot.

* * * * *

24. Section 32.55 Oklahoma is amended by adding paragraphs A.4.,

A.5., revising paragraphs B.3. and B.4. of Little River National

Wildlife Refuge; revising paragraphs B. introductory text, B.2., adding

paragraph B.3.; and revising paragraph C. introductory text of Optima

National Wildlife Refuge; by revising paragraphs D.1. through D.12 of

Tishomingo National Wildlife Refuge; revising paragraphs B.

introductory text, adding paragraph B.2., revising paragraphs D.

introductory text, D.1., D.2.; and removing paragraph D.4. of Washita

National Wildlife Refuge; revising paragraph D.5. of Wichita Mountains

Wildlife Refuge to read as follows:

Sec. 32.55 Oklahoma.

* * * * *

Little River National Wildlife Refuge

A. Hunting of Migratory Game Birds. * * *

* * * * *

4. Hunters must carry refuge hunting permits.

5. Hunters may hunt waterfowl (ducks) only during designated refuge

seasons.

B. Upland Game Hunting. * * *

* * * * *

3. Hunters may hunt upland game only during designated refuge

seasons.

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

shot

* * * * *

Optima National Wildlife Refuge

g of Migratory Game Birds. * * *

* * * * *

4. Hunters must carry refuge hunting permits.

5. Hunters may hunt waterfowl (ducks) only during designated refuge

seasons.

B. Upland Game Hunting. * * *

* * * * *

3. Hunters may hunt upland game only during designated refuge

seasons.

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

shot

* * * * *

Optima National Wildlife Refuge

* * * * *

B. Upland Game Hunting. Hunters may hunt pheasants, bobwhite and

scaled quail, cottontail rabbit and jackrabbit on the refuge in

accordance with State hunting regulations subject to the following

conditions:

* * * * *

2. Closed during the State gun deer season.

3. Hunting ends at 4:30 p.m. daily.

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

and turkey on the refuge in accordance with State hunting regulations

subject to the following conditions:

* * * * *

Tishomingo National Wildlife Refuge

* * * * *

D. Sport Fishing. * * *

1. Anglers may bank and wade fish with pole and line or rod and

reel year-round in areas open for public fishing access.

2. Anglers may use boats from March 1 through September 30 on

designated refuge waters and Wildlife Management Unit.

3. Anglers may use trotlines and other set tackle only in the

Cumberland Pool and between the natural banks of the Washita River.

Anglers must attach set tackle, used in Cumberland Pool, to anchored

floats. Anglers may not attach set tackle to sticks, poles, trees, or

other fixed objects.

4. Anglers may not use limblines, throwlines, juglines, and yo-

yo's.

5. Anglers may not use any containers (jugs, bottles) as floats.

6. Anglers must remove fishing tackle at the end of the boating

season.

7. Anglers may no-wake boat fish during the boating season. Anglers

may only use line and pole or rod and reel in: (a) open areas south and

west of the Cumberland Pool shallow water buoy line; (b) lakes south

and west of the

wlines, juglines, and yo-

yo's.

5. Anglers may not use any containers (jugs, bottles) as floats.

6. Anglers must remove fishing tackle at the end of the boating

season.

7. Anglers may no-wake boat fish during the boating season. Anglers

may only use line and pole or rod and reel in: (a) open areas south and

west of the Cumberland Pool shallow water buoy line; (b) lakes south

and west of the

Washita River; and (c) the Wildlife Management Unit.

8. Anglers may night fish from boat (during boating season) on the

Cumberland Pool, except not in the no-wake area south and west of the

buoy line. Anglers may night fish at the headquarters area, including

Sandy Creek Bridge, Murray 2, Nida Point, and the Wildlife Management

Unit.

9. Anglers may take bait for personal use while fishing on the

refuge in accordance with Oklahoma State law.

10. Anglers may bow fish only in the Wildlife Management Unit.

11. Anglers may not take fish by the use of hands (noodling) in any

refuge waters.

12. Anglers may not take frogs, turtles, or mussels.

* * * * *

Washita National Wildlife Refuge

* * * * *

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

designated areas of the refuge in accordance with State hunting

regulations subject to the following conditions:

* * * * *

2. Closed during the State gun deer season.

* * * * *

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

refuge in accordance with State fishing regulations subject to the

following conditions:

1. Anglers may fish from March 15 through October 14 on the Washita

River and Foss Reservoir. Anglers may bank fish year round from the

refuge boundary south of Lakeview Recreation to Pitts Creek Recreation

Area.

2. Anglers may access fishing areas only from designated parking

areas and by boat from Foss Reservoir.

* * * * *

Wichita Mountains Wildlife Refuge

ct to the

following conditions:

1. Anglers may fish from March 15 through October 14 on the Washita

River and Foss Reservoir. Anglers may bank fish year round from the

refuge boundary south of Lakeview Recreation to Pitts Creek Recreation

Area.

2. Anglers may access fishing areas only from designated parking

areas and by boat from Foss Reservoir.

* * * * *

Wichita Mountains Wildlife Refuge

* * * * *

D. Sport Fishing. * * *

* * * * *

5. Anglers may use electric trolling motors on boats 14' or less in

length only on Jed Johnson, Rush, Quanah Parker and French Lakes.

* * * * *

25. Amend Sec. 32.56 Oregon by revising paragraph B. of Hart

Mountain National Wildlife Refuge, by revising paragraph D. of Lewis

and Clark National Wildlife Refuge to read as follows:

Sec. 32.56 Oregon.

* * * * *

Hart Mountain National Wildlife Refuge

* * * * *

B. Upland Game Hunting. Hunters may hunt partridge and coyote on

designated areas of the refuge.

* * * * *

Lewis and Clark National Wildlife Refuge

* * * * *

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

refuge.

* * * * *

26. Section 32.57 Pennsylvania is amended by revising the heading

of Tinicum National Environmental Center to read as follows:

Sec. 32.57 Pennsylvania.

* * * * *

John Heinz National Wildlife Refuge at Tinicum

* * * * *

27. Section 32.59 Rhode Island is amended by adding an introductory

paragraph; by adding the alphabetical listing of Block Island National

Wildlife Refuge, Ninigret National Wildlife Refuge, Pettaquamscutt Cove

National Wildlife Refuge, Sachuest Point National Wildlife Refuge, and

Trustom Pond National Wildlife Refuge to read as follows:

Sec. 32.59 Rhode Island.

The following refuge units have been opened for hunting and/or

fishing and are listed in alphabetical order with applicable refuge-

specific regulations.

Block Island National Wildlife Refuge

t National Wildlife Refuge, Pettaquamscutt Cove

National Wildlife Refuge, Sachuest Point National Wildlife Refuge, and

Trustom Pond National Wildlife Refuge to read as follows:

Sec. 32.59 Rhode Island.

The following refuge units have been opened for hunting and/or

fishing and are listed in alphabetical order with applicable refuge-

specific regulations.

Block Island National Wildlife Refuge

A. Hunting of Migratory Game Birds. [Reserved]

B. Upland Game Hunting. [Reserved]

C. Big Game Hunting. [Reserved]

D. Sport Fishing. Anglers may surf fish in the Atlantic Ocean from

the refuge shoreline in accordance with state regulations.

Ninigret National Wildlife Refuge

A. Hunting of Migratory Game Birds. [Reserved]

B. Upland Game Hunting. [Reserved]

C. Big Game Hunting. [Reserved]

D. Sport Fishing. Anglers may surf fish in the Atlantic Ocean from

the refuge shoreline in accordance with state regulations. Anglers may

saltwater fish and shellfish in Ninigret Pond from the refuge shoreline

only from sunrise to sunset in accordance with state and refuge

regulations.

Pettaquamscutt Cove National Wildlife Refuge

A. Hunting of Migratory Game Birds. [Reserved]

B. Upland Game Hunting. [Reserved]

C. Big Game Hunting. [Reserved]

D. Sport Fishing. Anglers may saltwater fish from the refuge

shoreline in accordance with state regulations.

Sachuest Point National Wildlife Refuge

A. Hunting of Migratory Game Birds. [Reserved]

B. Upland Game Hunting. [Reserved]

C. Big Game Hunting. [Reserved]

D. Sport Fishing. Anglers may surf fish in the Atlantic Ocean and

Sakonnet River from the refuge shoreline in accordance with state

regulations. Additionally, anglers may night-fish after sunset in

accordance with state regulations.

Trustom Pond National Wildlife Refuge

Refuge

A. Hunting of Migratory Game Birds. [Reserved]

B. Upland Game Hunting. [Reserved]

C. Big Game Hunting. [Reserved]

D. Sport Fishing. Anglers may surf fish in the Atlantic Ocean and

Sakonnet River from the refuge shoreline in accordance with state

regulations. Additionally, anglers may night-fish after sunset in

accordance with state regulations.

Trustom Pond National Wildlife Refuge

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

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

following conditions: State permits are required.

B. Upland Game Hunting. [Reserved]

C. Big Game Hunting. [Reserved]

D. Sport Fishing. Anglers may surf fish in the Atlantic Ocean from

the refuge shoreline from September 16 to March 31 in accordance with

state and refuge regulations.

28. Section 32.60 South Carolina is amended by revising paragraph

A. of Ace Basin National Wildlife Refuge to read as follows:

Sec. 32.60 South Carolina.

* * * * *

Ace Basin National Wildlife Refuge

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

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

condition: Refuge hunting permits required.

* * * * *

29. Section 32.62 Tennessee is amended by revising paragraph C. of

Lake Isom National Wildlife Refuge; and adding paragraph D.5. of Lower

Hatchie National Wildlife Refuge to read as follows:

Sec. 32.62 Tennessee.

* * * * *

Lake Isom National Wildlife Refuge

* * * * *

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

archery equipment on designated areas of the refuge subject to the

following condition: Permits are required.

* * * * *

Lower Hatchie National Wildlife Refuge

* * * * *

adding paragraph D.5. of Lower

Hatchie National Wildlife Refuge to read as follows:

Sec. 32.62 Tennessee.

* * * * *

Lake Isom National Wildlife Refuge

* * * * *

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

archery equipment on designated areas of the refuge subject to the

following condition: Permits are required.

* * * * *

Lower Hatchie National Wildlife Refuge

* * * * *

D. Sport Fishing. * * *

* * * * *

5. Anglers may only use non-motorized boats and boats with electric

motors on Sunk Lake Public Use Natural Area.

* * * * *

30. Section 32.63 Texas is amended by revising paragraphs B.1., and

C.1. of Balcones Canyonlands National Wildlife Refuge to read as

follows:

* * * * *

Balcones Canyonlands National Wildlife Refuge

* * * * *

B. Upland Game Hunting. * * *

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

* * * * *

C. Big Game Hunting. * * *

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

* * * * *

31. Section 32.66 Virginia is amended by revising paragraph C.7.,

and adding paragraph C.8. of Great Dismal Swamp National Wildlife

Refuge to read as follows:

Sec. 32.66 Virginia.

* * * * *

Great Dismal Swamp National Wildlife Refuge

* * * * *

C. Big Game Hunting. * * *

* * * * *

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

roads closed to vehicles.

8. Hunters may not possess alcoholic beverages.

* * * * *

32. Section 32.67 Washington is amended by adding the alphabetical

listing of Dungeness National Wildlife Refuge and Nisqually National

Wildlife Refuge; adding paragraphs A.6., and B.5. of Toppenish National

Wildlife Refuge; amended by adding paragraph C. introductory text and

C.1. of Umatilla National Wildlife Refuge to read as follows:

Sec. 32.67 Washington.

* * * * *

Dungeness National Wildlife Refuge

.67 Washington is amended by adding the alphabetical

listing of Dungeness National Wildlife Refuge and Nisqually National

Wildlife Refuge; adding paragraphs A.6., and B.5. of Toppenish National

Wildlife Refuge; amended by adding paragraph C. introductory text and

C.1. of Umatilla National Wildlife Refuge to read as follows:

Sec. 32.67 Washington.

* * * * *

Dungeness National Wildlife Refuge

A. Hunting of Migratory Game Birds. [Reserved]

B. Upland Game Hunting. [Reserved]

C. Big Game Hunting. [Reserved]

D. Sport Fishing. Anglers may salt water fish on designated areas

of the refuge.

* * * * *

Nisqually National Wildlife Refuge

A. Hunting of Migratory Game Birds. [Reserved]

B. Upland Game Hunting. [Reserved]

C. Big Game Hunting. [Reserved]

D. Sport Fishing. Anglers may salt water fish on designated areas

of the refuge.

* * * * *

Toppenish National Wildlife Refuge

A. Hunting of Migratory Game Birds. * * *

* * * * *

6. Hunters may hunt on Wednesdays, Saturdays, Sundays, Thanksgiving

day, Christmas day, and New Years day only.

B. Upland Game Hunting. * * *

* * * * *

5. Hunters may hunt on Wednesdays, Saturdays, Sundays, Thanksgiving

day, Christmas day, and New Years day only.

* * * * *

Umatilla National Wildlife Refuge

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

the refuge subject to the following condition:

1. Hunting by permit only.

* * * * *

33. Section 32.68 West Virginia is amended by alphabetically

listing Canaan Valley National Wildlife Refuge to read as follows:

Sec. 32.68 West Virginia.

* * * * *

Canaan Valley National Wildlife Refuge

conditions:

1. Hunters must sign and be in the possession of a refuge

conditional hunting permit at all times while hunting on the refuge.

D. Sport Fishing. [Reserved]

* * * * *

34. Section 32.69 Wisconsin is amended by adding paragraph B.4.,

and revising paragraph C.5. of Necedah National Wildlife Refuge to read

as follows:

Sec. 32.69 Wisconsin.

* * * * *

Necedah National Wildlife Refuge

* * * * *

B. Upland Game Hunting. * * *

* * * * *

4. Dogs may be used only when hunting upland game birds and

waterfowl.

C. Big Game Hunting. * * *

5. Refuge Area 3 is open to deer hunting during the state's gun,

muzzle loader, and late archery season.

* * * * *

35. Section 32.71 Pacific Islands Territory is amended by adding

the alphabetical listing of Guam National Wildlife Refuge, Kilauea

Point National Wildlife Refuge, and Midway Atoll National Wildlife

Refuge to read as follows:

Sec. 32.71 Pacific Islands Territory.

* * * * *

Guam National Wildlife Refuge

A. Hunting of Migratory Game Birds. [Reserved]

B. Upland Game Hunting. [Reserved]

C. Big Game Hunting. [Reserved]

D. Sport Fishing. Anglers may salt water fish on designated areas

of the refuge.

* * * * *

Kilauea Point National Wildlife Refuge

A. Hunting of Migratory Game Birds. [Reserved]

B. Upland Game Hunting. [Reserved]

C. Big Game Hunting. [Reserved]

D. Sport Fishing. Anglers may salt water fish on designated areas

of the refuge.

Midway Atoll National Wildlife Refuge

A. Hunting of Migratory Game Birds. [Reserved]

B. Upland Game Hunting. [Reserved]

C. Big Game Hunting. [Reserved]

D. Sport Fishing. Anglers may fish and lobster only in accordance

with a refuge fishing leaflet available at refuge headquarters.

Dated: July 14, 1998.

Donald J. Barry,

Assistant Secretary for Fish and Wildlife and Parks.

[FR Doc. 98-19546 Filed 7-24-98; 8:45 am]

BILLING CODE 4310-55-U