2002 Federal Register, 67 FR 41920; Centralized Library: U.S. Fish and Wildlife Service

[Federal Register: June 20, 2002 (Volume 67, Number 119)]
[Proposed Rules]
[Page 41920-41936]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr20jn02-34]

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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Parts 25 and 32

RIN 1018-AI34

2002-2003 Refuge-Specific Hunting and Sport Fishing Regulations

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule.

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SUMMARY: The Fish and Wildlife Service (we or the Service) proposes to
add seven additional refuges to the list of areas open for hunting and/
or sport fishing activities and increase the activities available at
eight other refuges, 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 2002-2003.

DATES: We must receive your comments on or before July 22, 2002.

ADDRESSES: Submit written comments to Chief, Division of Conservation
Planning and Policy, National Wildlife Refuge System, U.S. Fish and
Wildlife Service, 4401 N. Fairfax Drive, Room 670, Arlington, VA 22203.
See SUPPLEMENTARY INFORMATION for information on electronic submission.

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 (NWRSAA) closes national wildlife refuges to
all uses until opened. The Secretary of the Interior (Secretary) may
open refuge areas to any use, including hunting and/or fishing, upon a
determination that such uses are compatible with the purposes of the
refuge. The action also must be in accordance with provisions of all
laws applicable to the areas, developed in coordination with the
appropriate State 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
National Wildlife Refuge System (System) for the benefit of present and
future generations of Americans.
We annually review refuge hunting and fishing programs to determine
whether to include additional refuges or whether individual refuge
regulations governing existing programs need modifications, deletions,
or additions made to them. 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
fishing programs and that these programs will not materially interfere
with or detract from the fulfillment of the purposes of the refuge or
the System's mission.
You may find provisions governing hunting and fishing on national
wildlife refuges in Title 50 of the Code of Federal Regulations in part
32. We regulate hunting and fishing on refuges to:
Ensure compatibility with the purpose(s) of the refuge;
Properly manage the fish and wildlife resource;
Protect other refuge values;
Ensure refuge visitor safety; and
Provide opportunities for high-quality recreational and
educational experiences.
On many refuges where we decide to allow hunting and fishing, our
general policy of adopting regulations identical to State hunting and
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 under the section entitled ``Statutory
Authority.'' We issue refuge-specific hunting and sport fishing
regulations when we open wildlife refuges to either migratory game bird
hunting, upland game hunting, big game hunting, or sport fishing. These
regulations list the wildlife species that you may hunt or those
species subject to sport fishing, seasons, bag limits, methods of
hunting or fishing, descriptions of areas open to hunting or fishing,
and other provisions as

[[Page 41921]]

appropriate. You may find previously issued refuge-specific regulations
for hunting and fishing in 50 CFR part 32. In this rulemaking, we are
promulgating many of the amendments to these sections to standardize
and clarify the existing language of these regulations.

Plain Language Mandate

In this rule some of the revisions to the individual refuge units
are to comply with a Presidential mandate to use plain language in
regulations and 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 Service, using the word ``allow''
instead of ``permit'' when we do not require the use of a permit for an
activity, and using active voice.

Statutory Authority

The National Wildlife Refuge System Administration Act (NWRSAA) of
1966 (16 U.S.C. 668dd-668ee, as amended), 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.
Amendments enacted by the National Wildlife Refuge System
Improvement Act of 1997 (NWRSIA or Act) amend and build upon the NWRSAA
in a manner that provided an ``Organic Act'' for the System similar to
those that exist for other public Federal lands. The Act served to
ensure that we effectively manage the System as a national network of
lands, waters, and interests for the protection and conservation of our
Nation's wildlife resources. The NWRSAA states first and foremost that
we focus the mission of the System on conservation of fish, wildlife,
and plant resources and their habitats. This 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 and promotes public safety. The Act established
as the policy of the United States that wildlife-dependent recreation,
when compatible, is a legitimate and appropriate public use of the
System, through which the American public can develop an appreciation
for fish and wildlife. The Act established six wildlife-dependent
recreational uses, when compatible, as the priority general public uses
of the System. Those priority uses are: Hunting, fishing, wildlife
observation and photography, and environmental education and
interpretation.
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 doing so is practicable and not
inconsistent with the primary purpose(s) for which Congress and the
Service established the areas. The RRA 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 NWRSAA and RRA also authorize the Secretary to issue
regulations to carry out the purposes of the acts and regulate uses.
We develop hunting and sport fishing plans for each refuge prior to
opening it to hunting or 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. We have ensured
initial compliance with the NWRSAA and the RRA 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
fishing in 50 CFR part 32. We ensure continued compliance by the
development of Comprehensive Conservation Plans, hunting and sport
fishing plans, and by annual review of hunting and sport fishing
programs and regulations.
In preparation for new openings, we include the following documents
in the refuges' ``opening package'' (which the Region completes, the
Regional Director signs, and sends a copy to Headquarters Office): (1)
Step-down hunting and/or fishing management plan; (2) appropriate NEPA
documentation (Categorical Exclusion, Environmental Assessment, or
Environmental Impact Statement); (3) appropriate decision documentation
(e.g., Finding of No Significant Impact); (4) Section 7 Endangered
Species Act evaluation; (5) copies of letters requesting State and,
where appropriate, Tribal involvement and the results of the request;
(6) draft news release; (7) outreach plan; and (8) draft refuge-
specific regulation. Upon review of these documents, we have 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.
In accordance with the NWRSAA and RRA, we have determined that
these openings are compatible and consistent with the purpose(s) for
which we established the respective refuges. A copy of the
compatibility determinations for these respective refuges is available
by request to the Regional contact noted under the heading ``Available
Information for Specific Refuges''.
We propose to allow the following wildlife-dependent recreational
activities:
Hunting of migratory game birds on seven refuges, including:

Bayou Teche National Wildlife Refuge, Louisiana
Black Bayou Lake National Wildlife Refuge, Louisiana
Cat Island National Wildlife Refuge, Louisiana
Catahoula National Wildlife Refuge, Louisiana
Marais des Cygnes National Wildlife Refuge, Kansas
Trinity River National Wildlife Refuge, Texas
Whittlesey Creek National Wildlife Refuge, Wisconsin

Hunting of upland game on five refuges, including:

Bayou Teche National Wildlife Refuge, Louisiana
Black Bayou Lake National Wildlife Refuge, Louisiana
Cat Island National Wildlife Refuge, Louisiana
Lost Trail National Wildlife Refuge, Montana
Okefenokee National Wildlife Refuge, Georgia

Big game hunting on eight refuges, including:
Bayou Teche National Wildlife Refuge, Louisiana
Black Bayou Lake National Wildlife Refuge, Louisiana
Cat Island National Wildlife Refuge, Louisiana
Lost Trail National Wildlife Refuge, Montana
Occoquan Bay National Wildlife Refuge, Virginia
Rappahannock River Valley National Wildlife Refuge, Virginia
Wallops Island National Wildlife Refuge, Virginia
Washita National Wildlife Refuge, Oklahoma

Sport fishing on three refuges, including:

Bayou Teche National Wildlife Refuge, Louisiana
Cat Island National Wildlife Refuge, Louisiana
Rydell National Wildlife Refuge, Minnesota

We also propose several administrative changes. In Sec. 25.41 we
will clarify that refuge managers have the authority to issue permits
required by subchapter C of 50 CFR. In Sec. 25.43

[[Page 41922]]

we will clarify that refuge managers may terminate or revoke permits.
These two changes will not alter our current practice but rather
explicitly state the delegation to the refuge manager. In Sec. 32.2(f)
we are revising the section designation in the last sentence of the
paragraph of the refuge-specific regulations from Secs. 32.20 through
32.71 to read Secs. 32.20 through 32.72 to reflect the addition of
Guam. In Sec. 32.2(f), Sec. 32.3(e), Sec. 32.5(e), Sec. 32.6(e), and
the introductory text of Sec. 32.7 we are revising the section
designations to reflect the addition of Guam. Additionally in
Sec. 32.3(e) we will explain that the refuge manager may adopt and
issue relevant refuge-specific season dates and times after the State
establishes its hunting seasons by publication through one or more of
the methods identified in 50 CFR 25.31 We are authorizing this limited
departure from the existing process because seasons are set too late in
the year for us to include in our annual regulations. In Sec. 32.2(l)
we reiterate that in addition to adopting the various items enumerated
in the refuge-specific regulations (Sec. 32.20 through Sec. 32.72), we
will continue to notify the public of those items described in refuge
permits and brochures available at that area's headquarters. Finally,
we propose that each refuge describe the designated areas where we
allow hunting and/or fishing in the refuge-specific regulations, if
practicable.

Request for Comments

You may comment on this proposed rule by any one of several
methods:
1. You may mail comments to: Chief, Division of Conservation
Planning and Policy, National Wildlife Refuge System, U.S. Fish and
Wildlife Service, 4401 N. Fairfax Drive, Room 670, Arlington, VA 22203.
2. You may comment via the Internet to:
refugesystempolicycomments@fws.gov. Please submit Internet comments as
an ASCII file avoiding the use of special characters and any form of
encryption. Please also include: ``Attn: 1018-AI34'' and your full name
and return mailing address in your Internet message. If you only use
your e-mail address, we will consider your comment to be anonymous. If
you do not receive a confirmation from the system that we have received
your Internet message, contact us directly at (703) 358-1744.
3. You may fax comments to: Chief, Division of Conservation
Planning and Policy, National Wildlife Refuge System at (703) 358-2248.
4. Finally, you may hand-deliver or courier comments to the address
mentioned above. In light of recent increased security measures, please
call (703) 358-1744 before hand-delivering comments.
We seek comments on this proposed rule and will accept comments by
any of the methods described above. Our practice is to make comments,
including the names and home addresses of respondents, available for
public review during regular business hours. Individual respondents may
request that we withhold their home address from the rulemaking record,
which we will honor to the extent allowable by law. In some
circumstances, we would withhold from the rulemaking record a
respondent's identity, as allowable by law. If you wish for us to
withhold your name and/or address, you must state this request
prominently at the beginning of your comment. However, we will not
consider anonymous comments. We will make all submissions from
organizations or businesses and from individuals identifying themselves
as representatives or officials of organizations or businesses,
available for public inspection in their entirety.
Department of the Interior policy is, whenever practicable, to
afford the public a meaningful opportunity to participate in the
rulemaking process. We considered providing a 60-day rather than a 30-
day comment period. However, we determined that an additional 30-day
delay in processing these refuge-specific hunting and fishing
regulations would hinder the effective planning and administration of
our hunting and fishing programs. That delay would jeopardize
establishment of hunting and fishing programs this year, or shorten
their duration. Many of these rules also relieve restrictions and allow
the public to participate in recreational activities on a number of
refuges. In addition, in order to continue to provide for previously
authorized hunting opportunities while at the same time provide for
adequate resource protection, we must be timely in providing
modifications to certain hunting programs on some refuges.
When finalized, we will incorporate this regulation into 50 CFR
parts 25 and 32. Part 32 contains general provisions and refuge-
specific regulations for hunting and sport fishing on national wildlife
refuges. Part 25 contains the administrative provisions for the
National Wildlife Refuge System.

Clarity of This Regulation

Executive Order 12866 requires each agency to write regulations
that are easy to understand. We invite your comments on how to make
this rule easier to understand, including answers to questions such as
the following: (1) Are the requirements in the rule clearly stated? (2)
Does the rule contain technical language or jargon that interferes with
its clarity? (3) Does the format of the rule (grouping and order of
sections, use of headings, paragraphing, etc.) aid or reduce its
clarity? (4) Would the rule be easier to understand if it were divided
into more (but shorter) sections? (5) Is the description of the rule in
the ``Supplementary Information'' section of the preamble helpful in
understanding the rule? (6) What else could we do to make the rule
easier to understand?

Regulatory Planning and Review

In accordance with the criteria in Executive Order 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 Executive Order 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. The purpose of this rule is to open
15 refuges to hunting and/or fishing activities. Eight of these refuges
are already open to certain activities, and the remaining seven refuges
will open to hunting and/or fishing activities for the first time. The
refuges are located in the States of Virginia, Montana, Louisiana,
Wisconsin, Oklahoma, Texas, New Mexico, Kansas, Minnesota, and Georgia.
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 of each refuge. Many of the 538 existing
national wildlife refuges already have programs where we allow fishing
and hunting. Not all refuges have the necessary resources and landscape
that would make fishing and hunting opportunities available to the
public. By opening these refuges to new activities, we have determined
that we can make quality experiences available to the public. This rule
establishes hunting and/or fishing programs at the following refuges:
Occoquan Bay, Rappahannock River Valley, Wallops Island, Lost Trail,
Bayou Teche, Cat Island, Catahoula, Whittlesey Creek, Washita, Trinity
River, Bosque del Apache, Marais des Cygnes, Rydell,

[[Page 41923]]

Okefenokee, and Black Bayou Lake. We state impacts in 2001 real
dollars.
Following a best case scenario, if the refuges establishing new
fishing and hunting programs were a pure addition to the current supply
of such activities, it would mean a consumer surplus of $706,000
annually and an estimated increase of 10,320 user days of hunting and
575 user days of fishing (Table 1). 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. Using the value of the
difference in the upper and lower bounds of the 95 percent confidence
interval for average consumer surplus to represent the estimate of the
increase in consumer surplus for higher quality fishing and hunting
(Walsh, Johnson, and McKean, 1990) \1\ yields an estimated increase in
consumer surplus of $185,000 annually, which is a true estimate of the
benefits. Consequently, this rule will have a small measurable economic
benefit on the U.S. economy.
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\1\ Article presented at the Western Regional Science
Association Annual meeting in Molokai, Hawaii, on February 22, 1990.

Table 1.--Estimated Changes in Consumer Surplus From Additional Fishing and Hunting Opportunities in 2002
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Fishing and
Refuge Additional Additional hunting
fishing days hunting days combined
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Occoquan Bay.................................................... .............. 50 50
Rappahannock River Valley....................................... .............. 500 500
Wallops Island.................................................. .............. 30 30
Lost Trail...................................................... .............. 2,000 2,000
Bayou Teche..................................................... 25 75 100
Cat Island...................................................... 250 750 1,000
Catahoula....................................................... .............. 2,000 2,000
Whittlesey Creek................................................ .............. 100 100
Washita......................................................... .............. 50 50
Trinity River................................................... .............. 675 675
Bosque del Apache............................................... .............. 90 90
Marais des Cygnes............................................... .............. 500 500
Rydell.......................................................... 300 .............. 300
Okefenokee...................................................... .............. 500 500
Black Bayou Lake................................................ .............. 3,000 3,000
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Total Days per Year....................................... 575 10,320 10,895
===============================================
Consumer Surplus per Day........................................ $61.19 $64.99 ..............
Consumer Surplus for Quality Change............................. $23.23 $16.62 ..............
Change in Total Consumer Surplus................................ $35,184 $670,736 $705,921
Change in Quality Consumer Surplus.............................. $13,357 $171,505 $184,862
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Note: All estimates are stated in 2001 real dollars.

b. This proposed rule will not create inconsistencies with other
agencies' actions. This action pertains solely to the management of the
National Wildlife Refuge System. The 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 fishing and hunting opportunities
will not measurably impact any other agency's existing programs.
c. This proposed rule will not materially affect entitlements,
grants, user fees, loan programs, or the rights and obligations of
their recipients. This proposed 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 proposed rule will not raise novel legal or policy issues.
This proposed rule opens seven additional refuges for fishing and
hunting activities and increases the activities available at eight
other refuges. This proposed rule continues the practice of allowing
recreational public use of national wildlife refuges. Many refuges in
the System currently have opportunities for the public to hunt and fish
on refuge lands.

Regulatory Flexibility Act

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.). A Regulatory
Flexibility Analysis is not required. Accordingly, a Small Entity
Compliance Guide is not required.
Congress created the National Wildlife Refuge System to conserve
fish, wildlife, plants, and their habitats and facilitated this
conservation mission by providing Americans opportunities to visit and
participate in compatible wildlife-dependent recreation, including
fishing and hunting, as priority general public uses on national
wildlife refuges and to better appreciate the value of, and need for,
wildlife conservation.
This proposed rule does not increase the types of recreation
allowed on the System but establishes hunting and/or fishing programs
on 15 refuges. As a result, opportunities for wildlife-dependent
recreation on national wildlife refuges will increase. The changes in
the amount of permitted use are likely to increase visitor activity on
these national wildlife refuges. But, as stated above, this is likely
to be a substitute site for the activity and not necessarily an
increase in participation

[[Page 41924]]

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.
For purposes of analysis, we will assume that any increase in
refuge visitation is a pure addition to the supply of the available
activity. This will result in a best case scenario, and we expect to
overstate the benefits to local businesses. The latest information on
the distances traveled for fishing and hunting activities indicates
that over 80 percent of the participants travel less than 100 miles
from home to engage in the activity. This indicates that participants
will spend travel-related expenditures in their local economies. Since
participation is scattered across the country, many small businesses
benefit. The 1996 National Survey of Fishing, Hunting, and Wildlife
Associated Recreation identifies expenditures for food and lodging,
transportation, and other incidental expenses. Using the average
expenditures for these categories with the expected maximum additional
participation on the Refuge System as a result of this proposed rule
yields the following estimates (Table 2) compared to total business
activity for these sectors.

Table 2.--Estimation of the Additional Expenditures With an Increase of Activities in Eight Refuges and the
Opening of Seven Refuges to Fishing and/or Hunting for 2002
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Possible
U.S. total Average Current refuge additional
expenditures expenditures expenditures w/ refuge
in 1996 per day o duplication expenditures
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Anglers:
Total Days Spent............................ 626 Mil .............. 6.7 Mil 575
Total Expenditures.......................... $42.7 Bil $68 $456.2 Mil $39,194
Trip Related............................ $17.4 Bil $28 $185.7 Mil $15,950
Food and Lodging.................... $6.8 Bil $11 $72.3 Mil $6,211
Transportation...................... $4.2 Bil $7 $45.0 Mil $3,868
Other............................... $6.4 Bil $10 $68.3 Mil $5,871
Hunters:
Total Days Spent............................ 257 Mil .............. 2.0 Mil 10,320
Total Expenditures.......................... $23.3 Bil $91 $182.4 Mil $935,492
Trip Related............................ $5.8 Bil $23 $45.6 Mil $233,962
Food and Lodging.................... $2.8 Bil $11 $22.2 Mil $114,007
Transportation...................... $2.0 Bil $8 $15.7 Mil $80,761
Other............................... $1.0 Bil $4 $7.6 Mil $39,194
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Note: All estimates are in 2001 real dollars.

Using a national impact multiplier for wildlife-associated
recreation developed for the report ``1996 National and State Economic
Impacts of Wildlife Watching'' for the estimated increase in direct
expenditures yields a total economic impact of over $2.8 million (2001
dollars). Since we know that most of the fishing and hunting occur
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 and, therefore, 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 $2.8 million and most likely considerably less. Since
80 percent of the participants travel less than 100 miles to engage in
hunting and 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 $570,000 annually. The maximum increase (if all
spending were new money) at most would be less than 1 percent for local
retail trade spending (Table 3).
A large percentage of the retail trade establishments in the
majority of affected counties qualify as small businesses. With the
small increase in overall spending anticipated from this proposed rule,
it is unlikely that a substantial number of small entities will have
more than a small benefit from the increased recreationist spending
near the affected refuges.

Table 3.--Comparative Expenditures for Retail Trade Associated With Additional Refuge Visitation for 2002
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Retail Estimated
trade in maximum Total Establ.
Refuge/County(ies) 1997 (2001 addition Addition as retail with 10
dollars) from new a % of total establ. emp.
(millions) refuge
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Occoquan Bay, Prince William, VA.............. $283 $4,550 0.002 915 560
Rappahannock River Valley, Northumberland, VA. 4.9 45,500 0.93 54 45
Wallops Island, Accomack, VA.................. 199 2,730 0.001 208 152
Lost Trail, Flathead, MT...................... 768 182,000 0.02 475 398
Bayou Teche, St. Mary, LA..................... 437 8,525 0.002 256 176
Cat Island, Avoyelles, LA..................... 234 85,250 0.04 169 129
Catahoula..................................... ........... 182,000 0.13 ........... ...........
LaSalle, LA............................... 75 ........... ............ 64 49
Catahoula, LA............................. 69 ........... ............ 52 33
Whittlesey Creek, Ashland, WI................. 165 9,100 0.01 113 87
Washita, Custer, OK........................... 259 4,550 0.002 172 119
Trinity River, Liberty, TX.................... 487 61,425 0.01 204 151

[[Page 41925]]

Bosque del Apache, Socorro, NM................ 78 8,190 0.01 57 40
Marais des Cygnes, Linn, KS................... 33 45,500 0.14 34 27
Rydell Polk, MN............................... 234 20,400 0.01 152 97
Okefenokee, Charlton, GA...................... 35 45,500 0.13 49 47
Black Bayou Lake, Ouachita, LA................ 1,600 273,000 0.02 753 519
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Many small businesses may benefit from some increased wildlife
refuge visitation. However, we expect that much of this benefit will be
offset as recreationists spend the same money in a different location.
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.

Small Business Regulatory Enforcement Fairness Act

The proposed 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. The additional fishing and hunting opportunities at the 15
refuges that do not currently have these programs would generate
expenditures by anglers and hunters with an economic impact estimated
at $2.8 million per year (2001 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 proposed rule will have only a
slight effect on the costs of hunting and fishing opportunities of
Americans. Under the assumption that any additional hunting and 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 fishing generated
by this proposed rule. We do not expect this proposed rule to affect
the supply or demand for fishing and hunting opportunities in the
United States and, therefore, it should not affect prices for fishing
and hunting equipment and supplies, or the retailers that sell
equipment. Additional refuge hunting and fishing opportunities would
account for less than 0.001 percent of the available opportunities in
the United States.
c. Does 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. Because this proposed rule represents such a small
proportion of recreational spending of a small number of affected
anglers and hunters, approximately a maximum of $2.8 million annually
in impact, This rule will have no measurable economic effect on the
wildlife-dependent industry, which has annual sales of equipment and
travel expenditures of $72 billion nationwide. This proposed rule adds
seven refuges to the list of refuges that have hunting and/or fishing
programs and increases the type of activities offered at eight other
refuges. Refuges that establish hunting and fishing programs may hire
additional staff from the local community to assist with the programs,
but this would not be a significant increase with only seven refuges
adding new programs and eight refuges increasing programs by this
proposed rule. Consequently, we anticipate no significant employment or
small business effects.

Unfunded Mandates Reform Act

Since this rule applies to public use of federally owned and
managed refuges, it does not impose an unfunded mandate on State,
local, or Tribal governments or the private sector of more than $100
million per year. The rule does 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 (Executive Order 12630)

In accordance with Executive Order 12630, the rule does not have
significant takings implications. This regulation will affect only
visitors at national wildlife refuges and describe what they can do
while they are on a refuge.

Federalism (Executive Order 13132)

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

Civil Justice Reform (Executive Order 12988)

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 regulation will clarify established regulations and
result in better understanding of the regulations by refuge visitors.

Energy Supply, Distribution or Use (Executive Order 13211)

On May 18, 2001, the President issued Executive Order 13211 on
regulations that significantly affect energy supply, distribution, and
use. Executive Order 13211 requires agencies to prepare Statements of
Energy Effects when undertaking certain actions. Because this rule
opens 15 refuges to hunting and/or sport fishing programs and makes
minor changes to other refuges open to those activities, it is not a
significant regulatory action under Executive Order 12866 and is not
expected to significantly affect energy supplies, distribution, and
use. Therefore, this action is a not a

[[Page 41926]]

significant energy action and no Statement of Energy Effects is
required.

Consultation and Coordination With Indian Tribal Governments
(Executive Order 13175)

In accordance with Executive Order 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. This
regulation is consistent with and not less restrictive than Tribal
reservation rules.

Paperwork Reduction Act

This regulation does not contain any information collection
requirements other than those already approved by the Office of
Management and Budget under the Paperwork Reduction Act (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.

Endangered Species Act Section 7 Consultation

In preparation for new openings, we include Section 7 consultation
documents approved by the Service's Endangered Species program in the
refuge's ``openings package'' for Regional review and approval from the
Headquarters Office. We reviewed the changes in hunting and fishing
regulations herein with regard to Section 7 of the Endangered Species
Act of 1973 (16 U.S.C. 1531-1543, as amended) (ESA). For the national
wildlife refuges proposed to open for hunting and/or fishing we have
determined that Rappahannock River Valley, Trinity River, Bosque del
Apache, Okefenokee, and Bayou Teche National Wildlife Refuges will not
likely adversely affect and Catahoula, Washita, Rydell, Marais des
Cygnes, Black Bayou Lake, Cat Island, Occoquan Bay, Whittlesey Creek,
Lost Trail, and Wallops Island National Wildlife Refuges will not
affect any endangered or threatened species or designated critical
habitat.
We also comply with Section 7 of the ESA when developing
Comprehensive Conservation Plans, 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. We also
make determinations when required by the ESA 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

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 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.
A categorical exclusion from NEPA documentation applies to this
amendment of refuge-specific hunting and fishing regulations since it
is technical and procedural in nature, and the environmental effects
are too broad, speculative, or conjectural to lend themselves to
meaningful analysis (516 DM 2, Appendix 1.10).
Prior to the addition of a refuge to the list of areas open to
hunting and fishing in 50 CFR part 32, we develop hunting and fishing
plans for the affected refuges. We incorporate these proposed refuge
hunting and fishing activities in the refuge Comprehensive Conservation
Plans (CCPs) and/or other step-down management plans, pursuant to our
refuge planning guidance in 602 FW 1, 3, and 4. We prepare these 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.

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.
Regional Chief, National Wildlife Refuge System, U.S. Fish and Wildlife
Service, Eastside Federal Complex, 911 N.E. 11th Avenue, Portland,
Oregon 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, P.O.
Box 1306, 500 Gold Avenue, Albuquerque, New Mexico 87103; Telephone
(505) 248-6804.
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, Minnesota 55111; Telephone (612) 713-5400.
Region 4--Alabama, Arkansas, Florida, Georgia, Kentucky, Louisiana,
Mississippi, North Carolina, South Carolina, Tennessee, Puerto Rico,
and the Virgin Islands. Regional Chief, National Wildlife Refuge
System, U.S. Fish and Wildlife Service, 1875 Century Boulevard,
Atlanta, Georgia 30345; Telephone (404) 679-7154.
Region 5--Connecticut, Delaware, 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, Massachusetts 01035-9589; Telephone (413) 253-8302.
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,
Colorado 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, Alaska 99503;
Telephone (907) 786-3354.

Primary Author

Leslie A. Marler, Management Analyst, Division of Conservation
Planning and Policy, National Wildlife Refuge System, U.S. Fish and
Wildlife Service, Arlington, VA 22203, is the primary author of this
rulemaking document.

List of Subjects

50 CFR Part 25

Administrative practice and procedure, Concessions, Reporting and
recordkeeping requirements, Safety, Wildlife refuges.

50 CFR Part 32

Fishing, Hunting, Reporting and recordkeeping requirements,
Wildlife, Wildlife refuges.
For the reasons set forth in the preamble, we propose to amend
Title 50, Chapter I, subchapter C of the Code of Federal Regulations as
follows:

[[Page 41927]]

PART 25--[AMENDED]

1. The authority citation for part 25 continues to read as follows:

Authority: 5 U.S.C. 301; 16 U.S.C. 260k, 664 dd, 715i, and 3901
et seq.; and Pub. L. 102-402, 106 Stat. 1961.

2. Revise Sec. 25.41 to read as follows:

Sec. 25.41 Who issues refuge permits?

We authorize the refuge manager of the facility where the activity
is to take place to issue permits required by this subchapter C unless
the regulations in this subchapter C require the applicant to obtain
the applicable permit from the Director or Secretary. In those
situations, the refuge manager will so inform the applicant, giving the
applicant all necessary information as to how and where to apply.
3. Revise Sec. 25.43 to read as follows:

Sec. 25.43 Who may terminate or revoke a permit and why?

The refuge manager may terminate or revoke a permit at any time for
noncompliance with the terms of the permit or of the regulations in
this subchapter C: for nonuse; for violation of any law; regulation, or
order applicable to the refuge; or to protect public health or safety
or the resources of a national wildlife refuge.

PART 32--[AMENDED]

4. 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.

5. In Sec. 32.2 by revising the section heading and paragraph (f)
and adding paragraph (l) to read as follows:

Sec. 32.2 What are the requirements for hunting on areas of the
National Wildlife Refuge System?

* * * * *
(f) Each person must comply with the provisions of any refuge-
specific regulations governing hunting on the wildlife refuge area.
Regulations, special conditions, and maps of the hunting areas for a
particular wildlife refuge are available at that area's headquarters.
In addition, refuge-specific hunting regulations for migratory game
bird, upland game, and big game hunting appear in Secs. 32.20 through
32.72.
* * * * *
(l) The refuge-specific regulations (Sec. 32.20 through Sec. 32.72)
include the items discussed in Sec. 32.3(b). Refuge permits and
brochures should also include those items and any special conditions
allowed by paragraph (f) of this section. If practicable, we will
include in the refuge-specific regulations a description of the
designated areas where we allow hunting and/or fishing.
6. In Sec. 32.3 by revising the section heading and paragraph (e)
to read as follows:

Sec. 32.3 What are the procedures for publication of refuge-specific
hunting regulations?

* * * * *
(e) We initially publish refuge-specific hunting regulations in the
daily issue of the Federal Register, and subsequently they appear in
Secs. 32.20 through 32.72, except that the refuge manager may adopt and
issue relevant refuge-specific season dates and times after the State
establishes its hunting seasons by publication through one or more of
the methods identified in Secs. 25.31 of this subchapter C.
* * * * *
7. In Sec. 32.5 by revising the section heading and paragraph (e)
to read as follows:

Sec. 32.5 What are the general provisions regarding fishing on
wildlife refuges?

* * * * *
(e) Each person shall comply with the provisions of any refuge-
specific regulation governing fishing on the wildlife refuge area.
Regulations for a particular wildlife refuge are available at its
headquarters office. In addition, refuge-specific fishing regulations
appear in Secs. 32.20 through 32.72.
8. In Sec. 32.6 by revising the section heading and paragraph (e)
to read as follows:

Sec. 32.6 What are the procedures for publication of refuge-specific
fishing regulations?

* * * * *
(e) We initially publish refuge-specific fishing regulations in the
daily issue of the Federal Register, and subsequently they appear in
Secs. 32.20 through 32.72.
* * * * *
9. In Sec. 32.7 ``What refuge units are open to hunting and/or
fishing?'' by:
a. Revising the introductory text as set forth below;
b. Alphabetically adding Bayou Teche National Wildlife Refuge and
Cat Island National Wildlife Refuge in the State of Louisiana;
c. Alphabetically adding Lost Trail National Wildlife Refuge in the
State of Montana;
d. Alphabetically adding Occoquan Bay National Wildlife Refuge,
Rappahannock River Valley National Wildlife Refuge, and Wallops Island
National Wildlife Refuge in the State of Virginia; and
e. Alphabetically adding Whittlesey Creek National Wildlife Refuge
in the State of Wisconsin.

Sec. 32.7 What refuge units are open to hunting and/or fishing?

Refuge units open to hunting and/or fishing in accordance with the
provisions of subpart A of this part and Secs. 32.20-32.72, inclusive,
are as follows:
* * * * *
10. In Sec. 32.22 Arizona by revising paragraph B. of Buenos Aires
National Wildlife Refuge to read as follows:

Sec. 32.22 Arizona.

* * * * *

Buenos Aires National Wildlife Refuge

* * * * *
B. Upland Game Hunting. We allow hunting of cottontail rabbit,
coyote, and skunks on designated areas of the refuge subject to the
following condition: We require refuge permits for hunting of
coyotes and skunks.
* * * * *
11. In Sec. 32.24 California by:
a. Revising paragraph A.2. of Merced National Wildlife Refuge;
b. Revising paragraph A.2. of Modoc National Wildlife Refuge;
c. Revising paragraph A. of Salinas River National Wildlife Refuge;
d. Adding paragraph A.11. of San Luis National Wildlife Refuge; and
e. Revising paragraphs A. and B. of San Pablo Bay National Wildlife
Refuge to read as follows:

Sec. 32.24 California.

* * * * *

Merced National Wildlife Refuge

A. Hunting of Migratory Game Birds. * * *
* * * * *
2. You may possess no more than 25 approved nontoxic shotshells
per day while in the field.
* * * * *

Modoc National Wildlife Refuge

A. Hunting of Migratory Game Birds. * * *
* * * * *
2. After the first weekend of the open season, we allow hunting
only on Wednesdays, Saturdays, and Sundays. Hunters must check in
and out of the refuge by using self-service permits.
* * * * *

Salinas River National Wildlife Refuge

A. Hunting of Migratory Game Birds. We allow hunting of geese,
ducks, coots, and moorhens on designated areas of the refuge subject
to the following conditions:
1. You may possess no more than 25 approved nontoxic shotshells
per day while in the field.
2. Access to the hunt area is by foot traffic only. We do not
allow bicycles and other

[[Page 41928]]

conveyances. Mobility-impaired hunters should consult with the
refuge manager for allowed conveyances.
3. You must keep firearms unloaded until you are within the
designated hunt area.
* * * * *

San Luis National Wildlife Refuge

A. Hunting of Migratory Game Birds. * * *
* * * * *
11. We do not allow vehicle trailers of any type or size to be
in the refuge hunt areas at any time or to be left unattended at any
locations on the refuge.
* * * * *

San Pablo Bay National Wildlife Refuge

A. Hunting of Migratory Game Birds. We allow hunting of geese,
ducks, and coots on designated areas of the refuge and subject to
the following conditions:
1. You may possess no more than 25 approved nontoxic shotshells
while in the field.
2. Access is by boat only.
3. You must remove all portable blinds, decoys, and personal
equipment following each day's hunt.
4. We allow floating blinds on the refuge, and they are
available to any hunter on a first-come, first-served basis.
Floating blinds require refuge manager approval or are subject to
removal. Floating blinds may be left overnight, but hunters must
remove them from the refuge at the end of the waterfowl season.
5. We prohibit digging into levees or slough channels.
6. We allow only dogs engaged in hunting activities on the
refuge during waterfowl season. We allow no other domesticated
animals or pets.
B. Upland Game Hunting. We allow hunting of pheasant on
designated areas of the refuge in accordance with State regulation
and subject to the following conditions:
1. You may possess no more than 25 approved nontoxic shotshells
while in the field.
2. You may access the Tolay Creek Unit by foot and bicycle only.
3. We allow only dogs engaged in hunting activities on the
refuge during pheasant season. We allow no other domesticated
animals or pets.
* * * * *
12. In Sec. 32.28 Florida by:
a. Revising paragraphs A., B., and C. of Lower Suwannee National
Wildlife Refuge;
b. Revising paragraph A.3. and adding paragraph D.9. of Merritt
Island National Wildlife Refuge;
c. Revising paragraphs A., B., and C., and adding paragraph D.11.
of St. Marks National Wildlife Refuge; and
d. Revising paragraph C. of St. Vincent National Wildlife Refuge to
read as follows:

Sec. 32.28 Florida.

* * * * *

Lower Suwannee National Wildlife Refuge

A. Hunting of Migratory Game Birds. We allow hunting of
migratory game birds on designated areas of the refuge subject to
the following conditions:
1. We require a refuge permit.
2. Parents or adult guardians over the age of 21 are responsible
for supervising hunters under the age of 16 and must remain within
sight and normal voice contact of the juvenile hunter. Parents or
adult guardians are responsible for ensuring that hunters under the
age of 16 do not engage in conduct that would constitute a violation
of the refuge regulations.
B. Upland Game Hunting. We allow hunting of upland game on
designated areas of the refuge subject to the following conditions:
1. We require a refuge permit.
2. Parents or adult guardians over the age of 21 are responsible
for supervising hunters under the age of 16 and must remain within
sight and normal voice contact of the juvenile hunter. Parents or
adult guardians are responsible for ensuring that hunters under the
age of 16 do not engage in conduct that would constitute a violation
of the refuge regulations.
C. Big Game Hunting. We allow hunting of big game on designated
areas of the refuge subject to the following conditions:
1. We require a refuge permit.
2. Parents or adult guardians over the age of 21 are responsible
for supervising hunters under the age of 16 and must remain within
sight and normal voice contact of the juvenile hunter. Parents or
adult guardians are responsible for ensuring that hunters under the
age of 16 do not engage in conduct that would constitute a violation
of the refuge regulations.
* * * * *

Merritt Island National Wildlife Refuge

A. Hunting of Migratory Game Birds. * * *
* * * * *
3. You may hunt only in four designated areas of the refuge
subject to delineation in the refuge hunting map and brochure,
including the open waters of Mosquito Lagoon, Indian River, and
designated impoundments outside the NASA security area. We do not
allow hunting in the Banana River. You may not hunt in or enter any
portion of the refuge south of Haulover Canal and east of the
western boundary when the Kennedy Space Center activates its outer
security perimeter.
* * * * *
D. Sport Fishing. * * *
* * * * *
9. You may not fish in or enter any portion of the refuge south
of Haulover Canal and east of the western boundary when the Kennedy
Space Center activates its outer security perimeter.
* * * * *

St. Marks National Wildlife Refuge

A. Hunting of Migratory Game Birds. We allow hunting of ducks
and coots in designated areas of the refuge subject to the following
condition: We require refuge permits.
B. Upland Game Hunting. We allow hunting of squirrel, rabbit,
and raccoon on designated areas of the refuge subject to the
following condition: We require refuge permits.
C. Big Game Hunting. We allow hunting of white-tailed deer,
turkey, and feral hog on designated areas of the refuge subject to
the following condition: We require refuge permits.
D. Sport Fishing. * * *
* * * * *
11. While on the refuge, anglers must keep all harvested fish in
whole condition.

St. Vincent National Wildlife Refuge

* * * * *
C. Big Game Hunting. We allow hunting of white-tailed deer,
sambar deer, and feral hog on designated areas of the refuge subject
to the following condition: We require refuge permits.
* * * * *
13. In Sec. 32.29 Georgia by revising paragraph B. of Okefenokee
National Wildlife Refuge to read as follows:

Sec. 32.29 Georgia.

* * * * *

Okefenokee National Wildlife Refuge

* * * * *
B. Upland Game Hunting. We allow hunting of rabbit, squirrel,
bobwhite quail, and turkey in the Cowhouse Unit of the refuge. The
season will be consistent with the adjacent Dixon Memorial Wildlife
Management Area and subject to the following conditions:
1. We require sign in/sign out.
2. We allow no vehicles on the refuge portion of Cowhouse
Island.
3. We allow no dogs except for pointing dogs during quail hunts.
* * * * *
14. In Sec. 32.32 Illinois by revising paragraph A.2. and C.3. of
Crab Orchard National Wildlife Refuge to read as follows:

Sec. 32.32 Illinois.

* * * * *

Crab Orchard National Wildlife Refuge

A. Hunting of Migratory Game Birds. * * *
* * * * *
2. We only allow the use of portable or temporary blinds. Blinds
must be a minimum of 200 yards (180 m) apart. You must remove
portable or temporary blinds, any material brought onto the refuge
for blind construction, boats, decoys, and all other personal
property from the refuge at the end of each day's hunt.
* * * * *
C. Big Game Hunting. * * *
* * * * *
3. We prohibit deer hunting with a firearm in the controlled
goose hunting areas or on all refuge lands north of Illinois State
Route 13. We allow deer hunting in the controlled goose hunting
areas and on all refuge lands north of Illinois State Route 13 only
with

[[Page 41929]]

archery equipment and in accordance with State regulations.
* * * * *
15. In Sec. 32.35 Kansas by:
a. Revising paragraphs A., B., and C. of Flint Hills National
Wildlife Refuge; and
b. Revising paragraph A. of Marais des Cygnes National Wildlife
Refuge to read as follows:

Sec. 32.35 Kansas.

* * * * *

Flint Hills National Wildlife Refuge

A. Hunting of Migratory Game Birds. We allow hunting of geese,
ducks, coots, mourning doves, rails (Virginia and sora only), and
common snipe on designated areas of the refuge in accordance with
State regulations and subject to the following condition: You may
use only approved nontoxic shot.
B. Upland Game Hunting. We allow hunting of pheasant, quail,
prairie chicken, rabbit, squirrel, and crow on designated areas of
the refuge in accordance with State regulations and subject to the
following conditions:
1. We prohibit centerfire rifles and pistols.
2. You may use only approved nontoxic shot for all shotgun
hunting.
C. Big Game Hunting. We allow hunting of turkey and deer on
designated areas of the refuge in accordance with State regulations
and subject to the following conditions:
1. We allow only shotguns, muzzleloading firearms, or bow and
arrow.
2. You may use only approved nontoxic shot for turkey hunting.
* * * * *

Marais des Cygnes National Wildlife Refuge

A. Hunting of Migratory Game Birds. We allow hunting of ducks,
geese, rails (sora), coots, common snipe, and woodcock on designated
areas of the refuge in accordance with State regulations and subject
to the following conditions:
1. We restrict motor vehicles, including all-terrain vehicles
(ATVs), to public roads and parking lots.
2. We restrict outboard motor use to the westernmost 5.5-mile
(8.8 km) section of the Marais des Cygnes River. You may use
nonmotorized boats and electric trolling motors on all open portions
of the refuge, including the eastern 4-mile (6.4 km) section of the
Marais des Cygnes River. Property boundaries are at the center of
the River. Where sections of the River border private property, only
the half of the River adjacent to public property is open to public
use.
3. You must remove decoys each day.
4. We prohibit discharge of firearms within 150 yards (135 m) of
any residence or other occupied building.
* * * * *
16. In Sec. 32.37 Louisiana by:
a. Revising paragraph B. of Bayou Cocodrie National Wildlife
Refuge;
b. Adding Bayou Teche National Wildlife Refuge;
c. Revising paragraphs A., B., and C. of Black Bayou Lake National
Wildlife Refuge;
d. Adding Cat Island National Wildlife Refuge; and
e. Revising Catahoula National Wildlife Refuge to read as follows:

Sec. 32.37 Louisiana.

* * * * *

Bayou Cocodrie National Wildlife Refuge

* * * * *
B. Upland Game Hunting. We allow the hunting of rabbit,
squirrel, raccoon, beaver, feral hog, and coyote on designated areas
of the refuge subject to the following condition: We require a
refuge permit.
* * * * *

Bayou Teche National Wildlife Refuge

A. Hunting of Migratory Game Birds. We allow hunting of
migratory game birds in designated areas of the refuge subject to
the following conditions:
1. We require the use of either refuge-issued Self-clearing
daily permits or Lottery permits.
2. Any person entering, using, or occupying the refuge for
hunting must abide by all terms and conditions in the refuge
brochure.
B. Upland Game Hunting. We allow hunting of squirrel, rabbit,
raccoon, and opossum on designated areas of the refuge subject to
the following conditions:
1. We require refuge-issued Self-clearing daily permits.
2. Any person entering, using, or occupying the refuge for
hunting must abide by all terms and conditions in the refuge
brochure.
C. Big Game Hunting. We allow hunting of white-tailed deer and
feral hog on designated areas of the refuge subject to the following
conditions:
1. We require the use of either refuge-issued Self-clearing
daily permits or Lottery permits.
2. Any person entering, using, or occupying the refuge for
hunting must abide by all terms and conditions in the refuge
brochure.
D. Sport Fishing. We allow fishing on designated areas of the
refuge subject to the following condition: Any person entering,
using, or occupying the refuge for fishing must abide by all terms
and conditions in the refuge brochure.
* * * * *

Black Bayou Lake National Wildlife Refuge

A. Hunting of Migratory Game Birds. We allow hunting of
migratory game birds in designated areas of the refuge subject to
the following conditions:
1. We require refuge permits.
2. Any person entering, using, or occupying the refuge for
hunting must abide by all terms and conditions in the refuge hunting
brochure.
B. Upland Game Hunting. We allow hunting of raccoon, opossum,
squirrel, rabbit, quail, woodcock, coyote, and beaver on designated
areas of the refuge subject to the following conditions:
1. We require refuge permits.
2. Any person entering, using, or occupying the refuge for
hunting must abide by all terms and conditions in the refuge hunting
brochure.
C. Big Game Hunting. We allow archery hunting of white-tailed
deer on the refuge subject to the following conditions:
1. We require refuge permits.
2. Any person entering, using, or occupying the refuge for
hunting must abide by all terms and conditions in the refuge hunting
brochure.
* * * * *

Cat Island National Wildlife Refuge

A. Hunting of Migratory Game Birds. We allow hunting of ducks,
geese, coots, woodcock, and common snipe on designated areas of the
refuge in accordance with State regulations and subject to the
following condition: We require refuge permits.
B. Upland Game Hunting. We allow hunting of squirrel, rabbit,
raccoon, beaver, nutria, and coyote on designated areas of the
refuge in accordance with State regulations and subject to the
following condition: We require refuge permits.
C. Big Game Hunting. We allow hunting of white-tailed deer,
turkey, and feral hog on designated areas of the refuge in
accordance with State regulations and subject to the following
condition: We require refuge permits.
D. Sport Fishing. We allow fishing and crayfishing on designated
areas of the refuge in accordance with State regulations and subject
to the following conditions:
1. We require refuge permits.
2. The ends of trotlines must consist of a length of cotton line
that extends from the points of attachment into the water.

Catahoula National Wildlife Refuge

A. Hunting of Migratory Game Birds. We allow hunting of
migratory game birds on designated areas of the refuge subject to
the following condition: We require refuge permits.
B. Upland Game Hunting. We allow hunting of raccoon, squirrel,
rabbit, and feral hog on designated areas of the refuge subject to
the following condition: We require refuge permits.
C. Big Game Hunting. We allow hunting of white-tailed deer and
feral hog on designated areas of the refuge subject to the following
condition: We require refuge permits.
D. Sport Fishing. We allow fishing on designated areas of the
refuge subject to the following conditions:
1. We allow fishing from 1 hour before sunrise until \1/2\-hour
after sunset.
2. We allow boat launching on all refuge waters as designated in
the refuge brochure. We allow only nonmotorized boats or boats with
motors of 10 horsepower or less, except on Bushley Creek, Big
Bushley Creek, and Little Bushley Creek where there is no horsepower
restriction.
3. Cowpen Bayou, the Highway 28 borrow pits, and Bushley Bayou
Unit are open to fishing all year.
4. All other refuge waters on the Headquarters Unit, including
Duck Lake, Muddy Bayou, Willow Lake, ditches, all

[[Page 41930]]

outlet waters, and all flooded woodlands are open to fishing and
boating from March 1 through October 31.
5. On the Headquarters Unit we allow only pole and line or rod
and reel fishing. We prohibit snagging.
6. On the Bushley Bayou Unit we allow fishing and crayfishing
subject to the following conditions:
i. Anglers must reset trotlines when receding water levels
expose them, and trotlines must consist of a length of cotton line
that extends from the points of attachment into the water.
ii. Anglers must attend yo-yos during daylight hours only.
iii. We allow recreational gear (slat traps, wire nets, hoop
nets) only by refuge permit and only in Bushley Creek, Big Bushley
Creek, and Little Bushley Creek.
iv. We prohibit commercial fishing and crayfishing.
* * * * *

17. In Sec. 32.38 Maine by revising paragraphs C. and D. of
Moosehorn National Wildlife Refuge to read as follows:

Sec. 32.38 Maine.

* * * * *

Moosehorn National Wildlife Refuge

* * * * *
C. Big Game Hunting. We allow hunting of deer on designated
areas of the refuge subject to the following conditions:
1. During firearms big game season hunters must wear in a
conspicuous manner on head, chest, and back a minimum of 400 square
inches (2,600 cm²) solid-colored hunter orange clothing
or material.
2. Hunters harvesting a deer on the refuge must notify the
refuge office within 24 hours and present the field-dressed deer for
inspection by refuge personnel.
3. Hunters who wish to use portable tree stands or blinds must
register at the refuge office prior to placement of the stand or
blind.
D. Sport Fishing. We allow fishing on designated areas of the
refuge subject to the following conditions:
1. We allow nonmotorized boats only on Bearce and Conic Lakes.
2. We allow fishing during daylight hours only.

* * * * *
18. In Sec. 32.41 Michigan by revising paragraphs C. and D. of
Seney National Wildlife Refuge to read as follows:

Sec. 32.41 Michigan.

* * * * *

Seney National Wildlife Refuge

* * * * *

C. Big Game Hunting. We allow hunting of deer and bear on
designated areas of the refuge subject to the following condition:
We do not allow the use of dogs while bear or deer hunting.
D. Sport Fishing. We allow fishing on designated areas of the
refuge subject to the following conditions:
1. We do not allow the use of fishing weights or lures
containing lead.
2. We allow ice fishing from January 1 through the end of
February during daylight hours only.
3. We do not allow ice shanties, houses, or shelters on F Pool.
4. When ice fishing, we do not allow snowmobiles or all-terrain
vehicles.
5. We allow fishing from May 15 through September 30 during
daylight hours only.
6. We allow summer fishing on the Creighton Driggs and
Manistique Rivers.
7. We allow only bank fishing in refuge pools.
8. We limit access to Driggs and Creighton Rivers to canoes
without motors and to foot traffic along these watercourses.

* * * * *
19. In Sec. 32.42 Minnesota by:
a. Revising the introductory text of paragraph A. of Litchfield
Wetland Management District;
b. Revising paragraph D. of Rydell National Wildlife Refuge; and
c. Adding paragraph B.4. of Tamarac National Wildlife Refuge to
read as follows:

Sec. 32.42 Minnesota.

* * * * *

Litchfield Wetland Management District

A. Hunting of Migratory Game Birds. We allow hunting of
migratory game birds throughout the district except you may not hunt
on the Phare Lake Waterfowl Production Area in Renville County. All
hunting is subject to the following conditions:
* * * * *

Rydell National Wildlife Refuge

* * * * *
D. Sport Fishing. We only allow fishing from the fishing pier on
Tamarac Lake beginning May 1 through July 15 during refuge open
hours.
* * * * *

Tamarac National Wildlife Refuge

* * * * *
B. Upland Game Hunting. * * *
* * * * *
4. We require hunters to wear at least one article of blaze
orange clothing visible above the waist.
* * * * *

20. In Sec. 32.45 Montana by:
a. Revising paragraphs A., C., and D. of Lee Metcalf National
Wildlife Refuge; and
b. Adding Lost Trail National Wildlife Refuge to read as follows:

Sec. 32.45 Montana.

* * * * *

Lee Metcalf National Wildlife Refuge

A. Hunting of Migratory Game Birds. We allow hunting of ducks,
geese, and coots from established blinds in designated areas of the
refuge in accordance with State regulations and subject to the
following conditions (consult refuge manager prior to hunting to
learn of changes or updates):
1. Hunting Access: We number blinds and assign them to a
specific access point designated in the refuge hunting leaflet.
Hunters must park at the appropriate access point and numbered
parking space and walk to a blind along mowed trails designated on
the hunting leaflet. We open access points to hunters who intend to
immediately hunt on the refuge. We prohibit wildlife observation,
scouting, and loitering at access points and parking areas.
2. Hunting Hours: We open the hunting area, defined by the
refuge boundary fence, 2 hours before and require departure 2 hours
after the waterfowl hunting hours, as defined by Montana Department
of Fish, Wildlife and Parks.
3. Registration: Each hunter must record his or her name and
Conservation License Number at the appropriate register before
hunting, must set the appropriate blind selector before and after
hunting, and must record hunting data at the appropriate register
before departing the hunting area.
4. Blind selection is on a first-come, first-served basis with
the exception of the opening weekend of waterfowl season. We will
distribute blind permits for the opening weekend by a public
drawing. We will announce the drawing time and place in local
newspapers.
5. Hunters with a documented mobility disability may reserve an
accessible blind in advance by contacting a refuge officer.
6. No more than four hunters may use a single blind at one time.
7. You may not possess more than 20 approved nontoxic shotshells
per day.
8. You must conduct all hunting from within 10 feet (3 m) of a
blind.
9. All hunters must have a visible means of retrieving waterfowl
such as a float tube, chest-high waders, or a dog capable of
retrieving.
10. Hunters must deploy a minimum of six decoys per blind in
order to hunt from blinds 7, 8, 9, 10, 11, and 14.
11. We prohibit attempting to ``reserve'' a blind for use later
in the day by depositing a vehicle or other equipment on the refuge.
A hunter must be physically present in the hunting area in order to
use a blind.
12. We prohibit falconry hunting.
13. We prohibit blocking access to refuge gates.
14. We prohibit boats, fishing gear, fires, alcoholic beverages,
and littering. Litter includes food products, animal parts, and
spent shells.
* * * * *
C. Big Game Hunting. We allow archery hunting of white-tailed
deer on designated areas of the refuge in accordance with State
regulations and subject to the following conditions (consult refuge
manager prior to hunting to learn of changes or updates):
1. Hunting Access: Hunters must enter and exit through
designated archery hunting

[[Page 41931]]

access points. Access points are open to hunters intending to
immediately hunt on the refuge. We prohibit wildlife observation,
scouting, and loitering at access points and parking areas.
2. Hunting Hours: We open the hunting area, defined by the
refuge boundary fence, 2 hours before and require departure 2 hours
after the big game hunting hours as defined by Montana Department of
Fish, Wildlife and Parks.
3. Registration: Each hunter must record his or her name and
Conservation License Number at the appropriate register before
hunting and must record hunting data at the appropriate register
before departing the hunting area.
4. Tree Stands and Blinds: We allow only portable tree stands
and blinds. We prohibit leaving tree stands or ground blinds on the
refuge overnight. We prohibit the use of screw-in tree steps or
climbing spikes. We prohibit the use of nails, wire, screws, or
bolts to attach a stand to a tree, or hunting from a tree into which
a hunter has driven a metal object for support.
5. We prohibit pre-season entry or scouting.
6. Hunters may not enter or retrieve deer from closed areas of
the refuge without the consent of a refuge officer.
7. We prohibit boats, fishing gear, fires, firearms, alcoholic
beverages, and littering.
8. Hunters with a documented mobility disability may access
designated locations in the hunting area to hunt from ground blinds.
To access these areas, hunters must contact the refuge manager in
advance to obtain a special use permit.
D. Sport Fishing. We allow fishing on designated areas of the
refuge in accordance with State regulations in effect on the
Bitterroot River from Tucker Crossing to Florence Bridge subject to
specific regulations detailed in refuge publications, signs, and
brochures.

Lost Trail National Wildlife Refuge

A. Hunting of Migratory Game Birds. [Reserved]
B. Upland Game Hunting. We allow hunting of turkey and mountain
grouse in designated areas of the refuge in accordance with State
regulations and subject to the following conditions:
1. We do not allow hunting in areas around the refuge
headquarters, maintenance buildings, and quarters posted as ``Closed
to Hunting.''
2. We prohibit guiding and outfitting.
3. We allow use of riding or pack stock on access routes
designated through the refuge to access off-refuge lands as
designated in the public use leaflet.
4. You may not use dogs for hunting of any species.
5. You may possess only approved nontoxic shot while on the
refuge.
6. We prohibit overnight camping.
7. We prohibit retrieval of game through areas closed to hunting
without prior consent by the refuge manager.
8. We allow only portable or temporary blinds and tree stands.
9. We allow parking in designated areas only.
C. Big Game Hunting. We allow hunting of elk, white-tailed deer,
and mule deer within designated areas of the refuge in accordance
with State regulations and subject to the following conditions:
1. We do not allow hunting in areas around the refuge
headquarters, maintenance buildings, and quarters posted as ``Closed
to Hunting.''
2. We prohibit guiding and outfitting.
3. We allow use of riding or pack stock on access routes
designated through the refuge to access off-refuge lands as
designated in the public use leaflet.
4. You may not use dogs for hunting of any species.
5. You may possess only approved nontoxic shot while on the
refuge.
6. We prohibit overnight camping.
7. We prohibit open fires.
8. We prohibit retrieval of game through areas closed to hunting
without prior consent by the refuge manager.
9. We allow only portable or temporary blinds and tree stands.
10. We allow parking in designated areas only.
11. The first week of the archery and the first week of general
elk and deer hunting season are open to youth-only (ages 12 and 13
only) hunting.
D. Sport Fishing. [Reserved]
* * * * *
21. In Sec. 32.47 Nevada by:
a. Revising the introductory text of paragraph A., removing
paragraph A.2., and redesignating paragraph A.3. as paragraph A.2, and
revising paragraphs D.2., D.3., D.4., D.5., D.6., and D.7. of Ruby Lake
National Wildlife Refuge; and
b. Revising Stillwater National Wildlife Refuge to read as follows:

Sec. 32.47 Nevada.

* * * * *

Ruby Lake National Wildlife Refuge

A. Hunting of Migratory Game Birds. We allow hunting of dark
geese, ducks, coots, moorhens, and common snipe on designated areas
of the refuge in accordance with State regulations and subject to
the following conditions:
* * * * *
D. Sport Fishing. * * *
* * * * *
2. We allow fishing by wading and from personal flotation
devices (float tubes) and bank fishing in designated areas.
3. You may use only artificial lures in the Collection Ditch and
adjoining spring ponds.
4. We do not allow boats on refuge waters from January 1 through
June 14.
5. During the boating season, we allow boats only on the South
Marsh. Beginning June 15 through July 31, we allow only motorless
boats or boats with battery-powered electric motors. Anglers must
remove all gasoline-powered motors. Beginning August 1 through
December 31, we allow only motorless boats and boats propelled with
motors with a total of 10 horsepower or less.
6. We allow launching of boats only from designated landings.
7. We prohibit the possession of live or dead bait fish, any
amphibians (including frogs), and crayfish on the refuge.
* * * * *

Stillwater National Wildlife Refuge

A. Hunting of Migratory Game Birds. We allow hunting of
migratory game birds on designated areas of the refuge in accordance
with State regulations and subject to the following conditions:
1. We close the following areas to all hunting: The area south
of Division Road, south of Stillwater Farms, and east of West County
Road; and other areas as posted.
2. You may possess only approved nontoxic shotshells while in
the field.
3. On refuge units open to boating, we allow boating during the
waterfowl hunting season only, except for Swan Check Lake that is
open to nonmotorized boating all year.
4. We do not allow boats on Swan Lake, the northeast portion of
North Nutgrass Lake, and the north portion of Pintail Bay. We allow
use of nonmotorized carts, sleds, floating blinds, and other
floating devices on these units only for transporting hunting
equipment and concealing hunters but not for transporting hunters.
5. We allow motorized boats (except air-thrust boats) only on
Lead Lake, Tule Lake, Goose Lake, South Nutgrass Lake, and the
portions of North Nutgrass Lake and Pintail Bay open to boats.
6. We allow air-thrust boats only on Goose Lake, South Nutgrass
Lake, and the portions of North Nutgrass Lake and Pintail Bay open
to boats.
7. Air-thrust boat owners must obtain a Special Use Permit from
the refuge manager prior to operating or allowing others to operate
their air-thrust boat on the refuge.
8. We allow nonmotorized boats on all refuge units open to
boating.
B. Upland Game Hunting. We allow hunting of authorized upland
game species on designated areas of the refuge in accordance with
State regulations and subject to the following conditions:
1. We close the following areas to all hunting: the area south
of Division Road, south of Stillwater Farms, and east of West County
Road; and other areas as posted.
2. You may possess only approved nontoxic shotshells while on
the refuge.
3. We allow shotgun hunting only.
C. Big Game Hunting. We allow hunting of mule deer on designated
areas of the refuge in accordance with State regulations and subject
to the following conditions:
1. We close the following areas to all hunting: the area south
of Division Road, south of Stillwater Farms, and east of West County
Road; and other areas as posted.
2. We allow shotgun, muzzleloader, and archery hunting only.
D. Sport Fishing. [Reserved]

22. In Sec. 32.50 New Mexico by:
a. Revising paragraph C. of Bitter Lake National Wildlife Refuge;
and
b. Revising paragraphs A. and C. of Bosque del Apache National
Wildlife Refuge to read as follows:

[[Page 41932]]

Sec. 32.50 New Mexico.

* * * * *

Bitter Lake National Wildlife Refuge

* * * * *
C. Big Game Hunting. We allow hunting of mule deer, white-tailed
deer, and feral hog on designated areas of the refuge subject to the
following condition: We allow hunting during seasons, dates, times,
and areas as posted by signs and/or indicated on refuge leaflets,
special regulations, and maps available at the refuge office.
* * * * *

Bosque del Apache National Wildlife Refuge

A. Hunting of Migratory Game Birds. We allow hunting of mourning
and white-winged doves and snow geese on designated areas of the
refuge subject to the following conditions:
1. You may hunt snow geese on Monday, Wednesday, and Friday
during the second full week of January.
2. We require a refuge permit and payment of a fee to hunt snow
geese.
3. You may possess only nontoxic shot while in the field.
4. We allow use of hunting dogs for bird retrieval.
5. We do not allow hunters and dogs to retrieve dead or wounded
birds in closed areas.
6. Each hunter must successfully complete a New Mexico crane and
snow goose hunter identification training course for hunting on
State and Federal refuges in the Middle Rio Grande Valley.
7. Snow goose hunters must report to the refuge headquarters by
4:45 a.m. each hunt day. Shooting time will be 6:45 a.m. to 10:00
a.m. local time.
* * * * *
C. Big Game Hunting. We allow hunting of mule deer and oryx on
designated areas of the refuge subject to the following conditions:
1. Refer to the refuge map for designated areas.
2. Hunts are subject to State regulations and seasons.
3. Oryx hunters should contact the refuge manager for special
hunt dates.
* * * * *

23. In Sec. 32.52 North Carolina by:
a. Revising Alligator River National Wildlife Refuge;
b. Revising paragraph D. of Pea Island National Wildlife Refuge;
and
c. Adding paragraph A.5. and revising paragraphs B.3. and C.3. of
Pocosin Lakes National Wildlife Refuge to read as follows:

Sec. 32.52 North Carolina.

* * * * *

Alligator River National Wildlife Refuge

A. Hunting of Migratory Game Birds. We allow hunting of swans,
geese, ducks, coots, common snipe, mourning doves, and woodcock on
designated areas of the refuge subject to the following conditions;
1. We require possession of a refuge permit.
2. You may possess only approved nontoxic shot in the field.
B. Upland Game Hunting. We allow hunting of squirrel, rabbit,
quail, raccoon, and opossum on designated areas of the refuge
subject to the following conditions:
1. We require possession of a refuge permit.
2. You may possess only approved nontoxic shot while on the
refuge when hunting with a shotgun, except you may possess slugs and
buckshot containing lead to hunt deer.
3. We require possession of a refuge Special Use Permit to hunt
raccoon and opossum at night.
C. Big Game Hunting. We allow hunting of white-tailed deer on
designated areas of the refuge subject to the following condition:
We require possession of a refuge hunting permit.
D. Sport Fishing. We allow fishing and frogging on designated
areas of the refuge subject to the following conditions:
1. You may fish year-round from only \1/2\ hour before sunrise
to \1/2\ hour after sunset. We require possession of a refuge
special use permit to fish at night.
2. You may use only a pole and line, rod and reel, hand line,
dip net, or cast net for fishing.
3. You may take frogs only at night from April 1 through August
31. We require possession of a refuge Special Use Permit to take
frogs.
* * * * *

Pea Island National Wildlife Refuge

* * * * *
D. Sport Fishing. We allow fishing and crabbing on designated
areas of the refuge subject to the following conditions:
1. We prohibit fishing and crabbing in North Pond, South Pond,
Newfield, North Carolina Department of Transportation Mitigation and
other impoundments west of North Carolina Highway 12.
2. You may fish year around only from \1/2\ hour before sunrise
to \1/2\ hour after sunset. You may surf fish at night from
September 15 through May 31 east of North Carolina Highway 12. We
require possession of a refuge permit to surf fish at night.
3. You may use only pole and line, rod and reel, hand line, dip
net, or cast net for fishing and crabbing.
* * * * *

Pocosin Lakes National Wildlife Refuge

A. Hunting of Migratory Game Birds. * * *
* * * * *
5. You must unload, encase, or dismantle firearms transported
via motorized vehicle or in a boat under power.
B. Upland Game Hunting. * * *
* * * * *
3. You must unload, encase, or dismantle firearms transported
via motorized vehicle or in a boat under power.
* * * * *
C. Big Game Hunting. * * *
* * * * *
3. You must unload, encase, or dismantle firearms transported
via motorized vehicle or in a boat under power.
* * * * *

24. In Sec. 32.53 North Dakota by:
a. Revising paragraphs B.3. and B.4. and by adding paragraphs B.5.
and B.6. of Des Lacs National Wildlife Refuge; and
b. Revising paragraphs B., C., and D. of Long Lake National
Wildlife Refuge to read as follows:

Sec. 32.53 North Dakota.

* * * * *

Des Lacs National Wildlife Refuge

* * * * *
B. Upland Game Hunting. * * *
* * * * *
3. Upland game bird and rabbit season opens annually on the day
following the close of the regular firearm deer season through the
end of the State season.
4. The upland game bird and rabbit falconry season opens
annually on the day following the close of the regular firearm deer
season through March 31.
5. Fox hunting opens annually on the day following the close of
the regular firearm deer season through March 31.
6. Turkey hunting is subject to all State regulations, license
requirements, units, and dates.
* * * * *

Long Lake National Wildlife Refuge

* * * * *
B. Upland Game Hunting. We allow hunting of ring-necked
pheasant, sharp-tailed grouse, and gray partridge on designated
areas of the refuge subject to the following conditions:
1. You may possess only approved nontoxic shot while in the
field.
2. The upland game bird season opens annually on the day
following the close of the firearm deer season and runs through the
close of the State season.
C. Big Game Hunting. We allow hunting of deer only on designated
areas of the refuge subject to the following conditions:
1. Hunters must enter the refuge on foot only.
2. We allow archery hunting. We restrict open archery areas to
those areas of the refuge open to firearms during the firearm
season.
D. Sport Fishing. We allow fishing on designated areas of the
refuge subject to the following conditions:
1. We restrict bank fishing to public use areas on Unit 1, Unit
2, and Long Lake Creek.
2. We restrict boat fishing to Long Lake Creek.
3. We restrict boats to 25 horsepower maximum.
4. We restrict boats to the period from May 1 through September
30.
5. We restrict ice fishing to Unit 1 and Long Lake Creek.
* * * * *

[[Page 41933]]

25. In Sec. 32.55 Oklahoma by revising paragraph C. to Washita
National Wildlife Refuge to read as follows:

Sec. 32.55 Oklahoma.

* * * * *

Washita National Wildlife Refuge

* * * * *
C. Big Game Hunting. We allow hunting of white-tailed deer and
feral hog on designated areas of the refuge subject to the following
conditions:
1. We allow hunting during the special refuge season in
accordance with the refuge hunt information sheet.
2. You must obtain a refuge hunt permit and pay a fee (fee
waived for Youth Hunt participants).
3. You must check in and out of hunt areas daily at the refuge
office or check station.
4. You must take bagged deer and/or hog to the refuge check
station.
5. We will determine bag limits on deer annually.
6. We prohibit the use of bait.
7. A nonhunting mentor of 21 years of age or older must
accompany, and be in the immediate presence of, participants in the
Youth Hunt, who must be between the ages of 12 and 18. Hunters and
mentors must BOTH wear hunter orange clothing meeting or exceeding
the minimum State requirements.
8. We prohibit handguns.
* * * * *

26. In Sec. 32.56 Oregon by:
a. Revising paragraph C. of Malheur National Wildlife Refuge; and
b. Revising McNary National Wildlife Refuge to read as follows:

Sec. 32.56 Oregon.

* * * * *

Malheur National Wildlife Refuge

* * * * *
C. Big Game Hunting. We allow hunting of deer and pronghorn
during authorized State seasons only on the refuge area west of
Highway 205 and south of Foster Flat Road.
* * * * *

McNary National Wildlife Refuge

A. Hunting of Migratory Game Birds. We allow hunting of doves on
designated areas of the refuge in accordance with State regulations.
B. Upland Game Hunting. We allow hunting of upland game on
designated areas of the refuge in accordance with State regulations.
C. Big Game Hunting. We allow hunting of deer on designated
areas of the refuge in accordance with State regulations and subject
to the following condition: We allow shotgun and archery hunting
only.
D. Sport Fishing. [Reserved]
* * * * *

27. In Sec. 32.57 Pennsylvania by revising the introductory text of
paragraph C. and adding paragraphs C.4. and C.5. to Erie National
Wildlife Refuge to read as follows:

Sec. 32.57 Pennsylvania

* * * * *

Erie National Wildlife Refuge

* * * * *
C. Big Game Hunting. We allow hunting of deer, bear, and turkey
on designated areas of the refuge subject to the following
conditions:
* * * * *
4. We prohibit organized deer drives by three or more persons in
hunt area B of the refuge. We define a ``drive'' as three or more
individuals involved in the act of chasing, pursuing, disturbing, or
otherwise directing game as to make the animals more susceptible to
harvest.
5. We require a refuge Special Use Permit for hunting of bear.
* * * * *
28. In Sec. 32.60 South Carolina by:
a. Revising paragraph C. of ACE Basin National Wildlife Refuge; and
b. Revising Cape Romain National Wildlife Refuge to read as
follows:

Sec. 32.60 South Carolina.

* * * * *

ACE Basin National Wildlife Refuge

* * * * *
C. Big Game Hunting. We allow hunting of white-tailed deer and
feral hog on designated areas of the refuge subject to the following
condition: We require a refuge permit.
* * * * *

Cape Romain National Wildlife Refuge

A. Hunting of Migratory Game Birds. We allow hunting of marsh
hens/rails only on designated areas of the refuge subject to the
following conditions:
1. We require a refuge hunt permit.
2. You may possess only approved nontoxic shot.
B. Upland Game Hunting. We allow hunting of raccoon on
designated areas of the refuge subject to the following condition:
We require a refuge hunt permit.
C. Big Game Hunting. We allow hunting of white-tailed deer on
designated areas of the refuge subject to the following condition:
We require a refuge hunt permit.
D. Sport Fishing. We allow fishing, crabbing, and shell fishing
on designated areas of the refuge subject to State regulations and
the following condition: Marsh Island, White Banks, and Bird Island
are open from September 15 through February 15. We close them the
rest of the year to protect nesting birds.
* * * * *
29. In Sec. 32.62 Tennessee by revising paragraphs B.1. and C.1. of
Tennessee National Wildlife Refuge to read as follows:

Sec. 32.62 Tennessee.

* * * * *

Tennessee National Wildlife Refuge

* * * * *
B. Upland Game Hunting. * * *
1. We require annual refuge hunting permits.
* * * * *
C. Big Game Hunting. * * *
1. We require annual refuge hunting permits.
* * * * *
30. In Sec. 32.63 Texas by:
a. Revising the introductory text of paragraph A., revising
paragraphs A.1., A.2., A.3., and removing paragraphs A.5. and A.6. of
Anahuac National Wildlife Refuge;
b. Removing paragraph A.3 from Brazoria National Wildlife Refuge;
c. Revising the introductory text of paragraph A., revising
paragraphs A.1., A.2., A.3., removing paragraphs A.4., A.5., and A.7.,
and redesignating paragraph A.6. as paragraph A.4. of McFaddin National
Wildlife Refuge;
d. Removing paragraph A.3. from San Bernard National Wildlife
Refuge;
e. Revising the introductory text of paragraph A., revising
paragraph A.1., A.2., removing paragraphs A.3., A.4., and A.6., and
redesignating paragraph A.5 as paragraph A.3. of Texas Point National
Wildlife Refuge; and
f. Revising paragraph A. of Trinity River National Wildlife Refuge
to read as follows:

Sec. 32.63 Texas.

* * * * *

Anahuac National Wildlife Refuge

A. Hunting of Migratory Game Birds. We allow hunting of geese,
ducks, and coots on designated areas of the refuge subject to the
following conditions:
1. We require a permit to hunt on all hunting units of the
refuge, and hunters must have this permit in their possession while
hunting. The annually issued waterfowl hunting permit contains all
refuge-specific waterfowl hunting regulations. Any person entering,
using, or occupying the refuge for hunting must abide by all terms
and conditions in the waterfowl hunting permit.
2. We require payment of a fee to hunt on portions of the
refuge.
3. You may hunt only on designated days of the week and on
designated areas during the general waterfowl hunting season. You
may hunt on designated areas during all days of the September teal
season. We annually issue notice of hunting days and maps depicting
areas open to hunting in the refuge hunting permit.
* * * * *

McFaddin National Wildlife Refuge

[[Page 41934]]

waterfowl hunting regulations. Any person entering, using, or
occupying the refuge for hunting must abide by all terms and
conditions in the waterfowl hunting permit.
2. We require payment of a fee to hunt on portions of the
refuge.
3. You may hunt only on designated days of the week and on
designated areas during the general waterfowl hunting season. You
may hunt on designated areas during all days of the September teal
season. We annually issue notice of hunting days and maps depicting
areas open to hunting in the refuge permit.
* * * * *

Texas Point National Wildlife Refuge

A. Hunting of Migratory Game Birds. We allow hunting of geese,
ducks, and coots on designated areas of the refuge subject to the
following conditions:
1. We require a permit to hunt on all hunting units of the
refuge, and the hunter must have this permit in his or her
possession while hunting. The annually issued waterfowl hunting
permit contains all refuge-specific waterfowl hunting regulations.
Any person entering, using, or occupying the refuge for hunting must
abide by all terms and conditions in the waterfowl hunting permit.
2. You may hunt only on designated days of the week and on
designated areas during the general waterfowl hunting season. You
may hunt on designated areas during all days of the September teal
season. We annually issue notice of hunting days and maps depicting
areas open to hunting in the refuge hunting permit.
* * * * *

Trinity River National Wildlife Refuge

A. Hunting of Migratory Game Birds. We allow hunting of ducks on
designated areas of the refuge subject to the following conditions:
1. We allow hunting on Champion Lake by drawing only.
2. We require an application fee for participants to enter the
drawing. We will issue a refuge permit to those drawn, and the
hunter must carry the permit at all times when hunting.
3. We allow hunting on Saturday and Sunday during the State duck
and teal season. Hunters may not enter the refuge before 4 a.m. and
must be off the hunt area by 12 p.m.(noon). We may require hunters
to check in and out.
4. We allow only temporary blinds. Hunters must remove blinds
and decoys daily.
5. We limit motors to 10 horsepower or less.
6. We allow retrievers, but they must be under the control of
the owner.
7. Youth hunters, 17 years of age and under, must be under
direct supervision of an adult, 18 years of age or older.
8. You must unload and encase all shotguns while in transit
through the refuge.
9. You may possess only approved nontoxic shot.
10. The minimum distance we allow between hunt parties is 150
yards (135 m).
11. We prohibit the use, possession, or being under the
influence of alcoholic beverages while hunting in or accessing or
returning from the field.
* * * * *
In Sec. 32.64 Utah by revising paragraph A. of Fish Springs
National Wildlife Refuge to read as follows:

Sec. 32.64 Utah.

* * * * *

Fish Springs National Wildlife Refuge

A. Hunting of Migratory Game Birds. We allow hunting of ducks
and coots on designated areas of the refuge in accordance with State
regulations and the following conditions:
1. All hunters must register individually at the visitor
information station before entering the open hunting area and prior
to exiting the refuge.
2. We do not allow hunters or dogs to enter closed areas to
retrieve birds.
3. You may only possess firearms legally used to hunt waterfowl
unless you case or break them down.
4. You may construct nonpermanent blinds. You must remove all
blinds constructed out of materials other than vegetation at the end
of a hunt day.
5. We allow use of small boats (15' or less). We do not allow
gasoline motors and air boats.
6. You may enter the refuge 2 hours prior to sunrise and must
exit the refuge by 1\1/2\ hours after sunset. You may not leave
decoys, boats, vehicles, and other personal property on the refuge
overnight.
7. We have a Special Blind Area for use by the disabled. We
prohibit trespass for any reason by any individual not registered to
utilize that area.

* * * * *
31. In Sec. 32.66 Virginia by:
a. Revising paragraph C. of James River National Wildlife Refuge;
b. Adding Occoquan National Wildlife Refuge;
c. Revising paragraph C. of Presquile National Wildlife Refuge;
d. Adding Rappahannock River Valley National Wildlife Refuge; and
e. Adding Wallops Island National Wildlife Refuge to read as
follows:

Sec. 32.66 Virginia.

* * * * *

James River National Wildlife Refuge

* * * * *
C. Big Game Hunting. We allow hunting of white-tailed deer in
designated areas of the refuge subject to the following conditions:
1. Hunters must carry a refuge permit at all times on the
refuge.
2. You may not discharge a firearm or archery equipment across
or within any refuge road, as designated on the refuge hunt maps.
3. We close the refuge to all hunting from December 1 until the
end of the State hunting season to protect roosting and nesting bald
eagles.
4. Hunters in the field shall retrieve and maintain in their
custody all crippled and killed game, if possible.
5. You may not transport a loaded firearm in any vehicle on the
refuge.
6. Deer hunters, when hunting with guns, must wear a minimum of
400 square inches (2,600 cm²) of solid blaze orange
visible from 360 degrees on the refuge.
7. We allow only portable tree stands on the refuge, and hunters
must remove them at the end of the day.
8. We prohibit hunting with dogs.
9. We prohibit camping on refuge lands.
10. We prohibit the use of open fires.
11. Report all accidents and injuries to the refuge office as
soon as possible but no later than 24 hours after the accident.
* * * * *

Occoquan Bay National Wildlife Refuge

A. Hunting of Migratory Game Birds. [Reserved]
B. Upland Game Hunting. [Reserved]
C. Big Game Hunting. We allow hunting of white-tailed deer in
designated areas of the refuge in accordance with State regulations
and subject to the following conditions:
1. We require a refuge permit.
2. Hunters must have in their possession at all times a copy of
the refuge permit containing the refuge regulations, their hunting
license, and, if issued, their State-issued deer management
assistance program (DMAP) tag.
3. We will select specific hunting dates within the State
seasons. Consult the refuge office for information on specific hunt
dates.
4. You may not transport a loaded firearm in any vehicle on any
refuge road or right of way.
5. Hunters must wear in a conspicuous manner on chest and back a
minimum of 400 square inches (2,600 cm\2\) of solid hunter orange
clothing or material and a hunter orange cap or hat.
D. Sport Fishing. [Reserved]
* * * * *

Presquile National Wildlife Refuge

* * * * *
C. Big Game Hunting. We allow hunting of white-tailed deer in
designated areas of the refuge subject to the following conditions:
1. Hunters must carry a refuge permit at all times on the
refuge.
2. You may not discharge a firearm or archery equipment across
or within any refuge road, as designated on the refuge hunt maps.
3. We close the refuge to all hunting from December 1 until the
end of the State hunting season to protect roosting and nesting bald
eagles.
4. Hunters in the field shall retrieve and maintain in their
custody all crippled and killed game, if possible.
5. You may not transport a loaded firearm in any vehicle on the
refuge.
6. Deer hunters, when hunting with guns, must wear a minimum of
400 square inches (2,600 cm\2\) of solid blaze orange visible from
360 degrees on the refuge.
7. We allow only portable tree stands on the refuge, and hunters
must remove them at the end of the day.

[[Page 41935]]

8. We prohibit hunting with dogs.
9. We prohibit camping on refuge lands.
10. We prohibit the use of open fires.
11. Report all accidents and injuries to the refuge office as
soon as possible but no later than 24 hours after the accident.
* * * * *

Rappahannock River Valley National Wildlife Refuge

A. Hunting of Migratory Game Birds. [Reserved]
B. Upland Game Hunting. [Reserved]
C. Big Game Hunting. We allow hunting of white-tailed deer in
designated areas of the refuge subject to the following conditions:
1. Hunters must carry a refuge permit at all times on the
refuge.
2. You may not discharge a firearm or archery equipment across
or within any refuge road, as designated on the refuge hunt maps.
3. We close the refuge to all hunting from December 1 until the
end of the State hunting season to protect roosting and nesting bald
eagles.
4. Hunters in the field shall retrieve and maintain in their
custody all crippled and killed game, if possible.
5. You may not transport a loaded firearm in any vehicle on the
refuge.
6. Deer hunters, when hunting with guns, must wear a minimum of
400 square inches (2,600 cm²) of solid blaze orange
visible from 360 degrees on the refuge.
7. We allow only portable tree stands on the refuge, and hunters
must remove them at the end of each hunt day.
8. We prohibit hunting with dogs.
9. We prohibit camping on refuge lands.
10. We prohibit the use of open fires.
11. Report all accidents and injuries to the refuge office as
soon as possible but no later than 24 hours after the accident.
D. Sport Fishing. [Reserved]

Wallops Island National Wildlife Refuge

A. Hunting of Migratory Game Birds. [Reserved]
B. Upland Game Hunting. [Reserved]
C. Big Game Hunting. We allow hunting of white-tailed deer on
designated areas of the refuge in accordance with State regulations
and the following conditions:
1. We require a refuge permit
2. We do not allow dogs.
3. We allow only portable tree stands on the refuge, and hunters
must remove them at the end of each hunt day.
4. Hunters must comply with refuge check-in and check-out
procedures as specified on the hunt permit.
5. During firearms big game season, including scouting days,
hunters must wear in a conspicuous manner on head, chest, and back a
minimum of 400 square inches (2,600 cm²) of solid-colored
hunter orange clothing or material.
6. We prohibit camping.
7. We prohibit the use of open fires.
D. Sport Fishing. [Reserved]

32. In Sec. 32.67 Washington by:
a. Adding paragraphs A.4., A.5., A.6., A.7., B.4., and B.5.,
revising the introductory text of paragraph C., and adding paragraphs
C.3. and C.4. of Hanford Reach National Monument/Saddle Mountain
National Wildlife Refuge; and
b. Revising McNary National Wildlife Refuge to read as follows:

Sec. 32.67 Washington.

* * * * *

Hanford Reach National Monument/Saddle Mountain National Wildlife
Refuge

A. Hunting of Migratory Game Birds. * * *
* * * * *
4. We do not allow hunters or dogs to enter closed areas to
retrieve game.
5. We do not allow permanent or pit blinds or cutting vegetation
on the refuge. You must remove all blind materials, decoys, and
other equipment (including spent casings) following each day's hunt.
6. We allow nonmotorized boats and boats with electric motors on
the WB-10 Ponds (Wahluke Lake), with walk-in access only.
7. You must unload and encase or dismantle firearms before
transporting them in a vehicle or boat within the boundaries of the
refuge or along public rights of way.
B. Upland Game Hunting. * * *
* * * * *
4. We do not allow hunters or dogs to enter closed areas to
retrieve game.
5. You must unload and encase or dismantle firearms before
transporting them in a vehicle or boat within the boundaries of the
refuge or along public rights of way.
C. Big Game Hunting. We allow hunting of deer and elk on the
Wahluke Unit of the Monument/Refuge in accordance with State
regulations and subject to the following conditions:
* * * * *
3. We do not allow hunters to enter closed areas to retrieve
game.
4. You must unload and encase or dismantle firearms before
transporting them in a vehicle or boat within the boundaries of the
refuge or along public rights of way.
* * * * *

McNary National Wildlife Refuge

A. Hunting of Migratory Game Birds. We allow hunting of geese,
ducks, coots, doves, and common snipe on designated areas of the
refuge subject to the following conditions:
1. You may possess only approved nontoxic shot while in the
field.
2. You may not leave decoys and other personal property on the
refuge overnight.
3. On the McNary Division, we allow hunting by refuge permit
only. This area is open to hunting from 5:00 a.m. to 1\1/2\ hours
after sunset. You may possess no more than 25 shells while in the
field.
4. On the Wallula and Two Rivers Units, we allow waterfowl
hunting 7 days a week during State waterfowl seasons. We allow dove
hunting in accordance with State regulations.
5. On the Wallula Unit, we close the Walla Walla Delta to
hunting from February 1 to September 30.
6. On the Peninsula Unit we allow dove hunting in accordance
with State regulations. We allow waterfowl hunting subject to the
following conditions:
i. We allow duck hunting Wednesdays through Sundays only.
ii. We allow goose hunting Wednesdays, Saturdays, and Sundays
only.
iii. On Wednesdays we allow waterfowl hunting only from the
goose pits.
iv. Hunting on the east side of the peninsula and in the goose
pits is by assigned blinds on a first-come, first-served basis.
B. Upland Game Hunting. We allow hunting of upland game on
designated areas of the refuge subject to the following conditions:
1. Except on the Peninsula Unit, you may possess only approved
nontoxic shot while on the refuge.
2. On the McNary Division we allow hunting on Wednesdays,
Saturdays, Sundays, Thanksgiving Day, Christmas Day, and New Year's
Day only. We do not allow hunting until noon of each hunt day. We
allow hunting of pheasant and quail only. You may possess no more
than 25 shells while in the field.
3. On the Wallula and Two River Units, we allow upland game
hunting in accordance with State regulations.
4. On the Peninsula Unit, we do not allow hunting until noon on
legal goose hunting days.
C. Big Game Hunting. We allow hunting of deer only on the
Peninsula, Two Rivers, and Wallula Units in accordance with State
regulations and subject to the following condition: We allow shotgun
and archery hunting only.
D. Sport Fishing. We allow fishing on designated areas of the
refuge in accordance with State regulations and subject to the
following conditions:
1. On the McNary Division the refuge is open to fishing from
sunrise to sunset only. We do not allow use of boats and other
flotation devices.
2. We allow fishing only with hook and line.
* * * * *
33. In Sec. 32.69 Wisconsin by adding Whittlesey Creek National
Wildlife Refuge to read as follows:

Sec. 32.69 Wisconsin.

* * * * *

Whittlesey Creek National Wildlife Refuge

A. Hunting of Migratory Game Birds. We allow hunting of
migratory game birds on designated areas of the refuge subject to
the following conditions:
1. We allow only the use of portable or temporary blinds.
2. You must remove portable or temporary blinds and any material
brought on to the refuge for blind construction at the end of each
day's hunt.
B. Upland Game Hunting. [Reserved]
C. Big Game Hunting. [Reserved]
D. Sport Fishing. [Reserved]

34. In Sec. 32.70 Wyoming by revising Seedskadee National Wildlife
Refuge to read as follows:

[[Page 41936]]

Sec. 32.70 Wyoming.

* * * * *

Seedskadee National Wildlife Refuge

A. Hunting of Migratory Game Birds. We allow hunting of ducks,
coots, dark geese, common snipe, rails, and mourning doves on
designated areas of the refuge in accordance with State regulations
and the following conditions:
1. Waterfowl hunters may enter the refuge 1 hour before legal
shooting hours to set up decoys and blinds.
2. You may use only portable blinds or blinds constructed from
dead or downed wood. We prohibit digging pit blinds.
3. You must unload and encase or dismantle all firearms when
transporting them in a vehicle or boat under power.
4. You may possess only approved nontoxic shot.
B. Upland Game Hunting. We allow hunting of sage grouse,
cottontail rabbit, red fox, jackrabbit, raccoon, and skunk on
designated areas of the refuge in accordance with State regulations
and the following conditions:
1. You must unload and encase or dismantle all firearms when
transporting them in a vehicle or boat under power.
2. You may possess only approved nontoxic shot.
3. We prohibit the shooting of prairie dogs, coyotes, and other
species not listed.
C. Big Game Hunting. We allow hunting of pronghorn, mule deer,
and moose on designated areas of the refuge in accordance with State
regulations and the following condition: You must unload and encase
or dismantle all firearms when transporting them in a vehicle or
boat under power.
D. Sport Fishing. You may sportfish on designated areas of the
refuge in accordance with State regulations and general refuge
regulations.

35. In Sec. 32.72 Guam by adding paragraphs D.5., D.6., and D.7.,
of Guam National Wildlife Refuge to read as follows:

Sec. 32.72 Guam.

* * * * *

Guam National Wildlife Refuge

* * * * *
D. Sport Fishing. * * *
* * * * *
5. We prohibit use of Self Contained Underwater Breathing
Apparatus (SCUBA) to take fish or invertebrates.
6. We prohibit anchoring of boats on the refuge.
7. We prohibit sailboards or motorized personal watercraft on
the refuge.

Dated: June 4, 2002.
Paul Hoffman,
Acting Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 02-14900 Filed 6-19-02; 8:45 am]
BILLING CODE 4310-55-P