2003 Federal Register, 68 FR 57308; Centralized Library: U.S. Fish and Wildlife Service

[Federal Register: October 2, 2003 (Volume 68, Number 191)]
[Rules and Regulations]
[Page 57307-57318]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr02oc03-8]

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Part IV

Department of the Interior

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Fish and Wildlife Service

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50 CFR Part 32

2003-2004 Refuge-Specific Hunting and Sport Fishing Regulations; Final
Rule

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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 32

RIN 1018-AI63

2003-2004 Refuge-Specific Hunting and Sport Fishing Regulations

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Final rule.

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SUMMARY: The Fish and Wildlife Service adds seven additional refuges to
the list of areas open for hunting and/or sport fishing activities and
increases the activities available at three other refuges for 2003-
2004.

DATES: This rule is effective October 2, 2003.

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 (Administration Act) 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 and National Wildlife Refuge
System mission. The action also must be in accordance with provisions
of all laws applicable to the areas, developed in coordination with the
appropriate State fish and wildlife agency(ies), and consistent with
the principles of sound fish and wildlife management and
administration. These requirements ensure that we maintain the
biological integrity, diversity, and environmental health of the
National Wildlife Refuge System (System or we) 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.
Provisions governing hunting and fishing on national wildlife
refuges are in Title 50 of the Code of Federal Regulations in part 32
(50 CFR part 32). We regulate hunting and fishing on refuges to:
[sbull] Ensure compatibility with refuge purpose(s);
[sbull] Properly manage the fish and wildlife resource(s);
[sbull] Protect other refuge values;
[sbull] Ensure refuge visitor safety; and
[sbull] Provide opportunities for 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 in the ``Statutory Authority'' section.
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 appropriate. You may find previously issued refuge-specific
regulations for hunting and fishing in 50 CFR part 32.

Statutory Authority

The National Wildlife Refuge System Administration Act
(Administration Act) of 1966 (16 U.S.C. 668dd-668ee, as amended) and
the Refuge Recreation Act (Recreation Act) 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 (Improvement Act) build upon the Administration
Act in a manner that provides an ``Organic Act'' for the System similar
to those that exist for other public Federal lands. The Improvement Act
serves 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 Administration Act
states first and foremost that we focus the mission of the System on
conservation of fish, wildlife, and plant resources and their habitats.
The Improvement Act requires the Secretary, before allowing a new use
of a refuge, or before expanding, renewing, or extending an existing
use of a refuge, to determine that the use is compatible. The
Improvement Act established as the policy of the United States that
wildlife-dependent recreation, when compatible, is a legitimate and
appropriate public use of the 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. These uses are: hunting,
fishing, wildlife observation and photography, and environmental
education and interpretation.
The Recreation Act authorizes the Secretary to administer areas
within the System for public recreation as an appropriate incidental or
secondary use only to the extent that doing so is practicable and not
inconsistent with the primary purpose(s) for which Congress and the
Service established the areas. The Recreation Act requires that any
recreational use of refuge lands be compatible with the primary
purpose(s) for which we established the refuge and not inconsistent
with other previously authorized operations.
The Administration Act and Recreation Act also authorize the
Secretary to issue regulations to carry out the purposes of the Acts
and regulate uses.
We develop specific management plans for each refuge prior to
opening it to hunting or fishing. In many cases, we develop refuge-
specific regulations to ensure the compatibility of the programs with
the purpose(s) for which we established the refuge and the mission of
the System. We ensure initial compliance with the Administration Act
and the Recreation Act for hunting and sport fishing on newly acquired
refuges through an interim determination of compatibility made at or
near the time of acquisition. These regulations ensure that we make the
determinations required by these acts prior to adding refuges to the
lists of areas open to hunting and fishing in 50 CFR part 32. We ensure
continued compliance by the development of comprehensive conservation
plans, specific plans, and by annual review of hunting and sport
fishing programs and regulations.

Response to Comments Received

In the August 14, 2003, Federal Register (68 FR 48583), we
published a proposed rulemaking identifying the refuges and their
proposed hunting and/or fishing programs and invited public comments.
We reviewed and considered all comments following a 30-day comment
period.
We received 1,541 comments on the proposed rule: 570 in support and
482 in opposition to the openings and 489 comments that were either
considered to be anonymous (did not provide a full mailing address as
stipulated in the proposed rule) or were received after the comment
close date. Of the 1,052 comments considered, 1,031 came from
individuals (558 in support and 473 in opposition), 15 represented
nongovernment organizations (7 in support and 8 in opposition), 5
comments from States (all in support)

[[Page 57309]]

and 1 comment from academia (in opposition).
We also received numerous comments unrelated to the content of the
proposed rule (e.g., those dealing with such issues as trapping and
general refuge management). We reviewed and analyzed the specific
substantive comments and broke them into 12 general comments as
follows:
Comment #1: A commenter suggested that the circumstances
surrounding the possibility of opening these refuges to hunting dictate
that, according to the National Environmental Policy Act (NEPA), the
Service should have prepared an Environmental Impact Statement (EIS).
Response: We disagree with the statement that the Service should
have prepared an EIS for the opening of these seven refuges to hunting
and/or fishing. Each individual refuge, when making a determination as
to whether or not to allow hunting and/or fishing, complies with NEPA
(Categorical Exclusion, Environmental Assessment, or an Environmental
Impact Statement) as appropriate when preparing an ``opening package.''
For each of the refuges included in this rulemaking, we prepared
Environmental Assessments and determined that EISs were unnecessary. No
changes were made as a result of this comment.
Comment #2: A commenter suggested the Service should have conducted
biological assessments and inventories of flora and fauna as required
by the (National Wildlife Refuge System Improvement Act of 1997)
Improvement Act.
Response: The Improvement Act does not require a biological
assessment of flora and fauna. However, the Improvement Act does
require the Service to ``monitor the status and trends of fish,
wildlife, and plants in each refuge.'' Before we establish a hunting or
fishing program, the law requires we first determine compatibility with
refuge purposes. All seven refuges at which hunting or fishing programs
were proposed met this requirement. No changes were made as a result of
this comment.
Comment #3: Many commenters said the Service should have considered
public opinion polls containing statistics on public opposition to
recreational and commercial killing of wildlife on national wildlife
refuges. Many also felt that a trend is developing within the System
placing the interests of sport hunters ahead of those of both the
wildlife and nonhunting refuge visitors.
Response: The System has a long history of support by recreational
hunters, including the creation of over 300 units through the use of
Migratory Bird Conservation Act of 1919 (16 U.S.C. 715a-715r) using
``Duck Stamp'' funds. This traditional support has been recognized in
subsequent statutory authority for the System, including most recently
the Improvement Act amendment to the Administration Act. This law,
which also provides the System its mission, clearly states that six
wildlife-dependent recreational uses, including both hunting and
fishing as well as wildlife observation and photography and
environmental education and interpretation, when compatible, are the
priority general public uses of the System. Furthermore, these uses are
to receive ``enhanced consideration over other general public uses in
planning and management within the System * * *.'' The Improvement Act
also directs the Service to provide ``increased opportunities for
families to experience compatible wildlife-dependent recreation,
particularly opportunities for parents and their children to safely
engage in traditional outdoor activities, such as fishing and hunting *
* *.'' From this statutory language, Congress' intent is clear that the
Service provide opportunities for compatible hunting and fishing on the
System. Thus, while we carefully consider public comment and opinion in
our rulemaking, we find this statutory direction unequivocal.
Commercial hunting and fishing are generally prohibited within the
System. This rulemaking does not include commercial hunting and
fishing. No changes were made as a result of this comment.
Comment #4: A commenter said the Service should have determined the
detrimental effects of current predator management strategies to
protect sensitive, threatened, and endangered species.
Response: This comment appears to be directed at refuge management
generally and endangered species management specifically and not at the
proposed rule. Specific to Endangered Species Act Section 7
Consultation, each refuge reviews its opening package to determine the
impact of allowing hunting and/or fishing on any threatened or
endangered species. We also comply with section 7 of the ESA when
developing comprehensive conservation plans (CCPs) and step-down
management plans for public use of refuges, such as hunting and
fishing, and prior to implementing any new or revised public recreation
program on a refuge as identified in 50 CFR 26.32. We made no changes
as a result of this comment.
Comment #5: Many commenters stated that the majority of people who
visit refuges do so to observe wildlife and enjoy nature, and not to
hunt, fish, or trap.
Response: Within the System as a whole, this information is
correct. However, in some locations, such as North Dakota, South
Dakota, and Minnesota, more visitors participate in consumptive uses
(hunting, fishing, and trapping) than nonconsumptive forms of wildlife-
dependent recreation. However, as explained in response to comment
3 above, the Improvement Act clearly indicates that six forms
of wildlife-dependent recreation, when compatible, are the priority
general public uses of the System. The Act and associated House Report
105-106 also indicate there are no priorities between these six uses
(again, when compatible), and does not indicate usage should be
allocated based on the relative proportion of individuals participating
in the activity. No changes were made as a result of this comment.
Comment #6: Several commenters suggested that the Service must
conduct rigorous biological analyses of wildlife populations...before
making any compatibility determinations about the commercial and/or
recreational killing of wildlife on the refuges listed in the Notice.
On a related topic, several commenters believe, in the past, the
Service relied too heavily on lethal predator control as the primary
method of addressing recovery of threatened and endangered species on
refuges and has failed to address more serious threats to these
species, including habitat degradation, pollution, and human impact.
Response: In addition to the information provided above in response
to comment 2, many of the suggested biological analyses are
conducted at the flyway level for migratory waterfowl and other game
birds, with survey data going back decades. These population surveys
detect trends in population numbers. If there is not sufficient
information for a refuge manager, using his/her sound professional
judgment to make an affirmative determination of compatibililty, the
manager cannot allow the use. Similar to the response to comment
4, some of this comment appears to be directed at endangered
and threatened species conservation, not these regulations. No changes
were made as a result of these comments.
Comment #7: Concern was expressed that Service has strayed far from
its own policy, which directs that ``wildlife comes first'' in the
System. A related comment said a thorough discussion of

[[Page 57310]]

proposed refuge habitat management practices is needed.
Response: The Administration Act authorizes the Service to allow
uses of any refuge area as long as those uses are compatible; in fact,
the Act specifically references hunting and fishing. Recent amendments
to the Administration Act made by the Improvement Act establish
wildlife-dependent recreational uses as priority general public uses
and include hunting and fishing in the definition of those priority
uses.
The principal focus of the Improvement Act was to clearly establish
a wildlife conservation mission for the System and provide managers
clear direction to make determinations regarding wildlife conservation
and public uses within the units of the System. The Service manages
national wildlife refuges primarily for wildlife conservation, habitat
protection, and biological integrity, and allows uses only when
compatible with the refuge purpose(s). In passing the Improvement Act,
Congress reaffirmed the System was created to conserve fish, wildlife,
plants, and their habitats and would facilitate opportunities for
Americans to participate in compatible wildlife-dependent recreation,
including hunting and/or fishing on System lands. The Service has
adopted policies and regulations implementing the requirements of the
Improvement Act with which refuge managers comply when considering
hunting and fishing programs.
When lands and waters are under consideration for addition to the
System, the refuge manager will make an interim compatibility
determination on any existing wildlife-dependent recreational uses. The
record of decision establishing the refuge must document the completion
of such determinations. The results of these determinations are in
effect until the completion of a CCP. During the development of the CCP
and implementation of the NEPA process, we accept and incorporate
public comments into the hunting and/or fishing decision on the refuge.
When considering opening an existing refuge, the refuge manager
similarly must make a determination that the proposal is compatible and
complies with NEPA before taking any action. Refuge managers plan
efforts well in advance of any proposed changes in order to obtain as
much involvement from stakeholders as possible. This may include public
meetings, workshops, news releases, and mailings to interested groups.
The refuge manager consults with affected Service Regional Office,
State fish and wildlife agencies, tribes, and the public before opening
a refuge to hunting or fishing. This decision must also be consistent
with the principles of sound wildlife management, applicable wildlife
objectives, and otherwise be in the public interest. The refuge manager
must submit a hunting and/or fishing plan that has undergone a public
input process to the Regional Office for approval. The Regional
Director approves the plan before the rulemaking process begins. These
hunting and/or fishing plans contain:
1. Step-down hunting/fishing plans containing compatibility
determinations. The plan is usually an appendix to the overall plan for
providing visitor services on refuges, providing documentation of the
hunting and/or fishing allowed on a refuge, including the relationship
of hunting and/or fishing to other priority general public uses, refuge
purpose(s), goals, objectives, and the System mission;
2. Appropriate NEPA documentation;
3. Appropriate decision documentation;
4. Section 7 ESA evaluation;
5. Copies of letters requesting State and, where appropriate,
tribal involvement and the results of the request;
6. Draft news release; and
7. Outreach plan.
One of the elements of the CCP, specific to the habitat management
practices comment, requires that each refuge develop goals for
significant wildlife species or groups of species, habitat (including
land protection needs), compatible wildlife-dependent recreation, other
mandates (such as refuge-specific legislation, Executive orders,
special area designations), and fish, wildlife and plant populations,
as appropriate.
Comment #8: A commenter felt the Service should use the Improvement
Act to restore this public land system to its original purpose of
providing an inviolate sanctuary for wildlife.
Response: The term ``inviolate sanctuary'' is something of a
misnomer. The Migratory Bird Conservation Act of 1929 authorized
acquisition of refuges as ``inviolate sanctuaries'' where the birds
could rest and reproduce in total security. In 1949, the ``inviolate
sanctuary'' concept was modified by an amendment to the Migratory Bird
Hunting and Conservation Stamp Act which permitted hunting on up to 25
percent of each inviolate refuge. Another amendment to the Migratory
Bird Hunting and Conservation Stamp Act in 1958 increased the total
area of an inviolate refuge that could be opened for hunting up to 40
percent. These parameters were enacted as part of the Administration
Act. Whether an area is an ``inviolate sanctuary'' is a function of the
mechanism of its creation. If a refuge was acquired as an inviolate
sanctuary, only 40 percent of the refuge area may be opened at one time
for hunting of migratory game birds. However, if the refuge was not
acquired as an inviolate sanctuary, 100 percent of the refuge may be
opened for hunting. The Fish and Wildlife Improvement Act of 1978
amended section 6 of the Administration Act to provide for the opening
of all or any portion of an inviolate sanctuary to the taking of
migratory birds if taking is determined to be ``beneficial'' to the
species. Such opening of more than 40 percent to hunting is determined
on a species-by-species basis. This amendment refers to inviolate
sanctuaries created in the past or to be created in the future. It has
no application to areas acquired for other management purposes. No
changes were made as a result of this comment.
Comment #9: A commenter believes the Service needs to consider the
need for assessment and mitigation of the impacts of recreational
activities on native flora and fauna.
Response: See the response to the comment 7 above
concerning ``straying from the FWS policy.'' No changes were made as a
result of this comment.
Comment #10: One commenter asked us to clarify/change Coldwater
National Wildlife Refuge relative to the prohibition of ``any weapon''
while fishing on the refuge. Does that include a fishing knife?
Response: With respect to knives, the legal definition of a weapon
in the State of Mississippi is a knife longer than 3 inches (7.5 cm).
We will modify the condition listed under Coldwater National Wildlife
Refuge to read: D.4. We prohibit possession of any weapon while fishing
on the refuge. This does not include fishing knives unless they are
longer than 3 inches (7.5 cm).
Comment #11: One commenter asked if we could allow lead shot no
larger than 6 shot with a maximum of 25 shells carried in the
field at one time on Northern Tallgrass Prairie National Wildlife
Refuge under Upland Game Hunting.
Response: 50 CFR 32.2(k) prohibits possession of lead shot unless
hunting for turkey and deer (where we allow those activities). The
refuge in question, Northern Tallgrass Prairie in the States of
Minnesota and Iowa, under Upland Game Hunting, does not have turkey
hunting; therefore, we already prohibit lead shot.
Comment #12: One commenter questioned the economic analysis. ``It
is estimated that the consumer surplus

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from the proposed expansion in hunting and sport fishing opportunities
is $199,614. However, this estimate is seriously flawed, since it
includes only the gains from increased hunting and fishing
opportunities, but excludes the losses in consumer surplus of non-
consumptive users due to a decline in wildlife watching opportunities.
Before any rule changes are considered, the U.S. Fish and Wildlife
Service should conduct a new economic analysis of changes to the
consumer surplus, which takes all relevant factors, including changes
in non-consumptive uses, into consideration''
Response: Increased hunting and fishing opportunities may impact
wildlife watching opportunities in two ways. First, increased hunting
would decrease the wildlife population that is being hunted (e.g.,
deer, migratory birds, etc.). As such, the quality of a wildlife
watching activity may slightly decline because a visitor may be less
likely to view wildlife. However, we would expect this impact to only
be a small decrease to consumer surplus. Second, some wildlife watching
visitors may choose not to visit during hunting season. Instead, they
may choose to visit before or after the hunting season or choose to
visit a different area for their wildlife watching activities. Again,
we would expect this impact to be a small decrease to consumer surplus
because the quality of the visit may be impacted. If the visitor
chooses to no longer view wildlife at all, then there would be a loss
of consumer surplus and visitor expenditures to the region. While these
are valid impacts to wildlife watching opportunities, we do not have
the data to properly quantify them. For example, we do not know how a
slight change to wildlife populations will influence wildlife watching
behavior. Because this information is not available, and we believe
these shifts in visitation to be small, we are unable to conduct an
economic analysis that addresses this concern.
Other changes from the proposed rule were as follows: We clarified
the issue of only allowing specific breeds of dogs on Grand Cote
National Wildlife Refuge and Big Branch Marsh National Wildlife Refuge
(Sec. 32.37), in the State of Louisiana. We also made several
administrative changes for clarity under North Platte and Boyer Chute
National Wildlife Refuges (Sec. 32.46) in the State of Nebraska.

Effective Date

This rule is effective upon publication in the Federal Register. We
have determined that any further delay in implementing these refuge-
specific hunting and sport fishing regulations would not be in the
public interest, in that a delay would hinder the effective planning
and administration of the hunting and fishing programs. We provided a
30-day comment period for the August 14, 2003, proposed rule. An
additional delay would jeopardize holding the hunting and/or fishing
programs this year or shorten their duration and thereby lessen the
management effectiveness of this regulation. This rule does not impact
the public generally in terms of requiring lead time for compliance.
Rather it relieves restrictions in that it allow activities on refuges
that we would otherwise prohibit. Therefore, we find good cause under 5
U.S.C. 553(d)(3) to make this rule effective upon publication.

New Hunting and Fishing Programs

In preparation for opening additional refuges to hunting and
fishing, or to initiating new hunting or fishing programs on refuges
already open, we document appropriate compliance with the National
Environmental Policy Act (NEPA) through an Environmental Assessment
with a finding of No Significant Impact, an Environmental Impact
Statement with a Record of Decision, or determine and document that the
action qualifies for a Categorical Exclusion. We also conduct and
document internal consultations under section 7 of the Endangered
Species Act, and coordinate with the State(s), and if appropriate,
Tribe(s) in or near the refuge.
Upon review of these documents, we have determined that the opening
of these National Wildlife Refuges to hunting and/or fishing is
compatible with the purpose of the refuge and the mission of the
system, and not inconsistent with applicable State laws. A copy of the
compatibility determinations for each respective refuge is available
upon request from the Regional Office noted under the heading
``Available Information for Specific Refuges.''
We allow the following wildlife-dependent recreational activities:

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Migratory Upland game Big game Sport
Refuge State bird hunting hunting hunting fishing
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Wapanocca...................... Arkansas............... X ............ X ............
Grand Cote..................... Louisiana.............. X X X ............
Northern Tallgrass Prairie..... Minnesota/Iowa......... X X X ............
Boyer Chute.................... Nebraska............... X ............ X ............
DeSoto......................... Iowa................... ............ X ............ ............
Big Branch Marsh............... Louisiana.............. ............ X ............ ............
North Platte................... Nebraska............... ............ X X ............
Coldwater...................... Mississippi............ ............ ............ ............ X
Bandon Marsh................... Oregon................. ............ ............ ............ X
Rappahannock River Valley...... Virginia............... ............ ............ ............ X
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Lands acquired as ``waterfowl production areas,'' which we
generally manage as part of Wetland Management Districts, are open to
the hunting of migratory game birds, upland game, big game, and sport
fishing subject to the provisions of State law and regulations (see 50
CFR 32.1 and 32.4). This year we are adding Detroit Lakes Wetland
Management District in Minnesota to the list of refuges open for all
four of these activities.
We are correcting an administrative error in 50 CFR part 32 that
occurred with regard to Bandon Marsh National Wildlife Refuge in
Oregon. It has come to our attention that the CFR does not indicate
that the refuge is open to sport fishing. We opened the refuge to sport
fishing in 1986 (55 FR 30655, 30663; August 28, 1986). It appears that
a clerical error was made when the rules adopted in 1986 were being
published in the subsequent edition of the CFR. We are correcting that
error and part 32 will now reflect that the refuge is open to sport
fishing. Coldwater National Wildlife Refuge was part of Tallahatchie
National Wildlife Refuge (both in Mississippi) and is an area of the
System that we opened by reason of its having been included in
Tallahatchie's

[[Page 57312]]

fishing plan (61 FR 45364, August 29, 1996). It has become a separate
unit this year, thus we are including a separate listing that Coldwater
National Wildlife Refuge is open to fishing only.
Upon publication of this document, the 2003-2004 hunting and
fishing season will result in a net of three national wildlife refuges
added to fishing and four national wildlife refuges added to hunting.
This will bring our cumulative total of national wildlife refuges open
to hunting to 315 and refuges open to fishing to 274.
We incorporate this regulation into 50 CFR part 32. Part 32
contains general provisions and refuge-specific regulations for hunting
and sport fishing on national wildlife refuges.

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 add
seven refuges to the list of refuges that have hunting and/or fishing
activities and to increase the type of activities at three other
refuges. The refuges are located in the States of Arkansas, Iowa,
Louisiana, Minnesota, Mississippi, Nebraska, Oregon, and Virginia.
Fishing and hunting are two of the wildlife-dependent uses of national
wildlife refuges that Congress recognized as legitimate and appropriate
and directed us to facilitate, subject to such restrictions or
regulations as may be necessary to ensure their compatibility with the
purpose(s) and mission of each refuge. Many of the 542 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:
Wapanocca National Wildlife Refuge in Arkansas, Grand Cote National
Wildlife Refuge in Louisiana, Northern Tallgrass Prairie National
Wildlife Refuge in Minnesota and Iowa, Boyer Chute and North Platte
National Wildlife Refuges in Nebraska, DeSoto National Wildlife Refuge
in Iowa, Big Branch Marsh National Wildlife Refuge in Louisiana,
Coldwater National Wildlife Refuge in Mississippi, Bandon Marsh
National Wildlife Refuge in Oregon, and Rappahannock River Valley
National Wildlife Refuge in Virginia. We present impacts in 2002 real
dollars.
For this analysis, we do not expect changes to recreational visits
at the Detroit Lakes Wetland Management District, Bandon Marsh National
Wildlife Refuge, or Coldwater National Wildlife Refuge. All Wetland
Management Districts are open to hunting and fishing activities until
closed, and this rulemaking reflects that Detroit Lakes Wetland
Management District is open to hunting of migratory game birds, upland
game, big game, and sport fishing. However, we do not expect any change
in visitation rates at this management district because recreationists
currently have the option to participate in these activities at Detroit
Lakes. We expect no visitation changes at Bandon Marsh National
Wildlife Refuge. The rule corrects an administrative error, but does
not change current activities at the refuge since the refuge has been
open to fishing since 1986. Also, we expect no visitation changes at
Coldwater National Wildlife Refuge. Coldwater was part of Tallahatchie
National Wildlife Refuge (also in the State of Mississippi) and covered
by its fishing plan. Therefore, we would expect any previous fishing
activity in the Coldwater section of Tallahatchie to continue without
change.
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 approximately
$200,000 annually and an estimated increase of 1,000 user days of
hunting and 2,082 user days of fishing (Table 1). Consequently, this
rule will have a small, measurable, beneficial economic impact on the
U.S. economy.

Table 1.--Estimated Changes in Consumer Surplus From Additional Fishing and Hunting Opportunities in 2003
[In days]
----------------------------------------------------------------------------------------------------------------
Additional
Current Additional Additional fishing and
Refuge visitation fishing hunting hunting
(FY02) combined
----------------------------------------------------------------------------------------------------------------
Wapanocca....................................... 844 .............. 70 70
Grand Cote...................................... 2,500 .............. 1,000 1,000
Northern Tallgrass Prairie...................... .............. .............. 300 300
Boyer Chute..................................... 3,147 .............. 175 175
DeSoto.......................................... 14,967 .............. 25 25
Big Branch Marsh................................ 5,975 .............. 500 500
North Platte.................................... .............. .............. 12 12
Bandon Marsh.................................... 100 .............. .............. 0
Coldwater....................................... .............. .............. .............. 0
Rappahannock River.............................. 45 1,000 .............. 1,000
-----------------
Total Days per Year......................... 27,578 1,000 2,082 3,082
=================
Consumer Surplus per Day........................ .............. $62.16 $66.02 ..............
-----------------
Change in Total Consumer Surplus............ .............. $62,160 $137,454 $199,614
----------------------------------------------------------------------------------------------------------------
Note: All estimates are stated in 2002 real dollars.

[[Page 57313]]

b. This rule will not create inconsistencies with other agencies'
actions. This action pertains solely to the management of the 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 rule will not materially affect entitlements, grants, user
fees, loan programs, or the rights and obligations of their recipients.
This rule does not affect entitlement programs. There are no grants or
other Federal assistance programs associated with public use of
national wildlife refuges.
d. This rule will not raise novel legal or policy issues. This rule
opens seven additional refuges for fishing and hunting activities and
increases the activities available at three other refuges. This 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.
This rule does not increase the number of recreation types allowed
in the System but establishes new or additional hunting and/or fishing
programs on 10 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.
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 more than 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 2001 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 System as a result of this 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 Three Refuges and the
Opening of Seven Refuges to Fishing and/or Hunting for 2003-2004
----------------------------------------------------------------------------------------------------------------
Current refuge
U.S. total Average expenditures w/ Possible
expenditures expenditures o duplication additional
in 2001 (in per day (FY2002) (in refuge
billions) millions) expenditures
----------------------------------------------------------------------------------------------------------------
Anglers:
Total Days Spent (in millions).............. $557 .............. $5.9 $1,000
Total Expenditures.......................... 36.2 $465 386.3 64,937
Trip Related............................ 14.9 27 158.9 26,710
Food and Lodging.................... 6.0 11 63.8 10,718
Transportation...................... 3.6 6 38.1 6,407
Other............................... 5.3 10 57.0 9,585
Hunters:
Total Days Spent (in millions).............. 228 .............. 2.0 2,082
Total Expenditures.......................... 20.6 92 181.0 190,878
Trip Related............................ 5.3 23 46.1 48,642
Food and Lodging.................... 2.4 11 21.5 22,689
Transportation...................... 1.8 8 15.7 16,571
Other............................... 1.0 5 8.9 9,383
----------------------------------------------------------------------------------------------------------------
Note: All estimates are in 2002 real dollars.

Using a national impact multiplier for hunting activities (2.73)
derived from the report ``Economic Importance of Hunting in America''
and a national impact multiplier for sportfishing activities (2.79)
from the report ``Sportfishing in America'' for the estimated increase
in direct expenditures yields a total economic impact of approximately
257,000 (Southwick Associates, Inc., 2003).
A large percentage of the retail trade establishments in the
majority of affected counties qualifies as small businesses. With the
small increase in overall spending anticipated from this rule, it is
unlikely that a substantial number of small entities will have more
than a small benefit from the increased recreationist spending near the
affected refuges; none are likely to have any adverse impact.

[[Page 57314]]

Table 3.--Comparative Expenditures for Retail Trade Associated With Additional Refuge Visitation for 2003
----------------------------------------------------------------------------------------------------------------
Retail trade in Estimated
1997 (2002 maximum Addition as a Total number Establish.
Refuge/county(ies) dollars) (in addition from % of total retail with <10 emp.
millions) new refuge establish
----------------------------------------------------------------------------------------------------------------
Wapannocca, Crittenden, AR... $24,260 $6,440 0.00003 262 171
Grand Cote, Avoyelles, LA.... 238 92,000 0.39 169 129
Northern Tallgrass Prairie, 96 27,600 .029 62 39
Rock, MN....................
Boyer Chute, Washington, NE.. 262 16,100 .006 99 64
DeSoto, Washington, NE....... 262 1,150 .0004 99 64
Harrison, IA................ 187 1,150 .0006 101 76
Big Branch Marsh, St. 1,694 46,000 .003 1068 713
Tammany, LA.................
North Platte, Scotts Bluff, 439 1,104 .0003 312 220
NE..........................
Rappahannock River, 5,492 65,000 .001 54 45
Northumberland, VA..........
----------------------------------------------------------------------------------------------------------------

Many small businesses may benefit from some increased wildlife
refuge visitation. 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 rule is not a major rule under 5 U.S.C. 804(2), the Small
Business Regulatory Enforcement Fairness Act. We anticipate no
significant employment or small business effects. This rule:
a. Does not have an annual effect on the economy of $100 million or
more. The additional fishing and hunting opportunities at the 10
refuges would generate angler and hunter expenditures with an economic
impact estimated at $257,000 per year (2002 dollars). Consequently, the
maximum benefit of this rule for businesses, both small and large,
would not be sufficient to make this a major rule. The impact would be
scattered across the country and would most likely not be significant
in any local area.
b. Will not cause a major increase in costs or prices for
consumers, individual industries, Federal, State, or local government
agencies, or geographic regions. This rule will have only a slight
effect on the costs of hunting and fishing opportunities for Americans.
Under the assumption that any additional hunting and fishing
opportunities would be quality opportunities, we would attract
participants 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 rule. We do not expect this 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.
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. 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, because only
seven refuges are adding new programs and only three refuges are
increasing programs by this rule.

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 rule, we
worked with State governments, and our programs are consistent to the
State regulations to the degree practicable.

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 that it 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 seven refuges to hunting and/or sport fishing programs and
increases activities at three others, 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 significant energy action and no Statement of
Energy Effects is required.

[[Page 57315]]

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 OMB under the
Paperwork Reduction Act (44 U.S.C. 3501 et seq.) (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

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. 1531-1544, as amended) (ESA). For the national wildlife refuges
opening for hunting and/or fishing we have determined that DeSoto
National Wildlife Refuge, Wapanocca National Wildlife Refuge, Northern
Tallgrass Prairie National Wildlife Refuge, and Grand Cote National
Wildlife Refuge (for Louisiana black bear) will not likely adversely
affect any endangered or threatened species or designated critical
habitat, and Grand Cote National Wildlife Refuge (for bald eagle),
North Platte National Wildlife Refuge, Big Branch Marsh National
Wildlife Refuge, Rappahannock River Valley National Wildlife Refuge,
and Boyer Chute National Wildlife Refuge will not affect any endangered
or threatened species or designated critical habitat.
We also comply with section 7 of the ESA when developing CCPs and
step-down management plans for public use of refuges, and prior to
implementing any new or revised public recreation program on a refuge
as identified in 50 CFR 26.32. 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

Prior to submitting these openings for publication in this rule,
the Service complied with the National Environmental Policy Act of 1969
(42 U.S.C. 4332(C)) and 516 DM 6, Appendix 1 for each of the openings
or program additions during the preparation of individual refuge
hunting or fishing decision documents.
We analyzed this rule in accordance with the criteria of the NEPA.
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 we otherwise comply with NEPA
at the specific refuge units.
Prior to the addition of a refuge to the list of areas open to
hunting and fishing in 50 CFR part 32, we develop specific management
plans for the affected refuges. We incorporate these refuge hunting and
fishing activities in refuge CCPs and/or other step-down management
plans, pursuant to our refuge planning guidance in 602 FW 1, 3, and 4.
We prepare 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, PO 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, Virginia 22203, is the primary author of
this rulemaking document.

List of Subjects in 50 CFR Part 32

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

0
For the reasons set forth in the preamble, we amend Title 50, Chapter
I, subchapter C of the Code of Federal Regulations as follows:

PART 32--[AMENDED]

0
1. The authority citation for part 32 continues to read as follows:

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

0
2. In Sec. 32.7 ``What refuge units are open to hunting and/or
fishing?'' by:
0
a. Alphabetically adding Detroit Lakes Wetland Management District in
the State of Minnesota;
0
b. Alphabetically adding Northern Tallgrass Prairie National Wildlife
Refuge in the States of Minnesota and Iowa.
0
c. Alphabetically adding Coldwater National Wildlife Refuge in the
State of Mississippi;

[[Page 57316]]

0
3. In Sec. 32.23 Arkansas by adding the text of paragraphs A. and C.
of Wapanocca National Wildlife Refuge to read as follows:

Sec. 32.23 Arkansas.

* * * * *

Wapanocca National Wildlife Refuge

A. Hunting of Migratory Game Birds. We allow hunting of snow
geese on designated areas of the refuge in accordance with State
regulations subject to the following conditions:
1. We require refuge hunting permits. The permits are
nontransferable and anyone on refuge land in possession of hunting
equipment must sign and carry them at all times.
2. We provide annual season dates on the hunt brochure/permit.
3. You must sign in prior to the hunt and sign out after the
hunt at the Hunter Information Station.
4. You must adhere to all public use special conditions and
regulations on the annual hunt brochure/permit.
* * * * *
C. Big Game Hunting. We allow hunting of white-tailed deer on
designated areas of the refuge in accordance with State regulations
subject to the following conditions:
1. Conditions A1 and A4 apply.
2. We prohibit hunting from or within 50 yards (45 m) of
graveled roads and within 150 yards (135 m) of refuge buildings.
3. We allow archery/crossbow hunting for deer. We specify annual
season dates and bag limits on the hunting permits.
4. Immediately record the deer zone 640 on the hunter's license
and later on official check station records upon harvest of a deer.
5. You must sign in prior to the hunt and sign out after the
hunt at the Hunter Information Station. You must check harvested
deer at this location.
6. We prohibit dogs.
7. We allow only single-person portable tree stands. You may
place tree stands on the refuge 2 days before the hunt but must
remove them within 2 days after the hunt. You must permanently affix
the owner's name and address on stands left on the refuge.
8. We prohibit possession of or marking trails with materials
other than biodegradable paper/flagging or reflective tape/tacks.
9. We prohibit ATVs.
* * * * *

0
4. In Sec. 32.34 Iowa by:
0
a. Adding the text of paragraph B. of DeSoto National Wildlife Refuge;
and
0
b. Adding Northern Tallgrass Prairie National Wildlife Refuge to read
as follows:

Sec. 32.34 Iowa.

* * * * *

DeSoto National Wildlife Refuge

* * * * *
B. Upland Game Hunting. We allow hunting of ring-necked pheasant
and turkey on designated areas of the refuge in accordance with the
States of Iowa and Nebraska regulations subject to the following
condition: We require a refuge permit.
* * * * *

Northern Tallgrass Prairie National Wildlife Refuge

Refer to Sec. 32.42 Minnesota for regulations.
* * * * *

0
5. In Sec. 32.37 Louisiana by:
0
a. Adding the text of paragraph B. of Big Branch Marsh National
Wildlife Refuge; and
0
b. Adding the text of paragraphs A., B., and C. of Grand Cote National
Wildlife Refuge to read as follows:

Sec. 32.37 Louisiana.

* * * * *

Big Branch Marsh National Wildlife Refuge

* * * * *
B. Upland Game Hunting. We allow hunting of squirrel, rabbit,
snipe, woodcock, quail, gallinule, rail, and nutria subject to the
following conditions:
1. We allow hunting during the open State season using only
approved nontoxic shot size 4 or smaller.
2. You may use dogs for squirrel and rabbit after the close of
the State gun deer season only.
3. You may only use dogs to locate, point, and retrieve when
hunting for snipe, woodcock, and quail.
4. You must possess and carry a valid refuge hunt permit.
5. We prohibit air-thrust boats, motorized pirogues, mud boats,
and air-cooled propulsion engines on the refuge.
6. Youth hunters 15 years of age and under must successfully
complete a State-approved hunter education course. While hunting,
each youth must possess and carry a card or certificate of
completion. One adult 21 years of age or older must supervise each
youth hunter. For upland game hunts, one adult may supervise two
youths.
7. You must unload and encase or dismantle firearms carried in
vehicles or boats.
8. We open the refuge during daylight hours only.
9. We prohibit possession of buckshot, slugs, rifles, or rifle
ammunition.
10. We prohibit hunting within 200 feet (60 m) of any road
(including refuge roads), residence, or designated public
facilities.
11. We prohibit possession of lead shot during all refuge hunts.
* * * * *

Grand Cote National Wildlife Refuge

A. Hunting of Migratory Game Birds. We allow hunting of ducks,
geese, coots, mourning dove, and woodcock on designated areas of the
refuge, as shown on refuge hunting brochure map, subject to the
following conditions:
1. We require hunters 16 years of age and older to purchase and
carry a signed $12.50 refuge hunt/fish/ATV permit.
2. We allow public access from 5 a.m. to 1 hour after legal
sunset.
3. An adult 21 years of age or older must accompany (within
sight of and in normal voice contact with) youth hunters 15 years of
age and under. We require youth hunters to possess and carry proof
of completion of an approved Hunter Safety Course. Each adult can
supervise one youth hunter during deer hunts and not more that two
youths during all other hunts.
4. We require hunters to enter and exit the refuge from
designated parking lots only.
5. We require hunters to check in/out at a designated check
station.
6. We prohibit camping or parking overnight on the refuge.
7. We prohibit discharge of firearms except when hunting.
8. We prohibit marking of trails with nonbiodegradable flagging
tape.
9. We allow use of ATVs on designated trails from the third
Saturday in September to the last day of the State rabbit season. An
ATV is an off-road vehicle with factory specifications not to exceed
the following: weight--750 lbs. (337.5 kg), length--85 inches (212.5
cm), and width--48 inches (120 cm). We restrict ATV tires to those
no larger than 25 x 12 with a maximum 1-inch (2.5 cm) lug height and
a maximum allowable tire pressure of 7 psi as indicated on the tire
by the manufacturer.
10. We prohibit horses and mules.
11. We prohibit saws, saw blades, and/or machetes while on the
refuge.
12. We prohibit hunting within 100 feet (30 m) of any designated
road, ATV or hiking trail, or refuge facility.
13. We prohibit transportation of loaded weapons on an ATV.
14. We prohibit blocking of gates or trails with vehicles or
ATVs.
15. We prohibit ATVs on trails/roads not specifically designated
by signs for ATV use.
16. We allow only nonmotorized boats.
17. You may take raccoon, feral hog, beaver, nutria, and coyote
incidental to migratory bird hunting, upland game hunting, and big
game hunting with weapons legal for that hunt.
18. We allow waterfowl (ducks, geese, coots) hunting on
Wednesdays and Saturdays until 12 a.m. (noon) only during the
Statewide duck season.
19. We allow use of shotguns during designated hunts only.
20. We prohibit the construction or use of permanent blinds.
21. You must remove all decoys, portable blinds, and boats
daily.
22. We have a youth waterfowl hunt in the Crawfish Pond Unit
during the Statewide duck season. This will be a quota-type hunt,
and hunters will apply on an index or post card with their name,
address, phone number, and dates of the hunt for which they are
applying. When the State sets the duck season, we will set the dates
of the hunt.
23. We allow hunting of mourning doves incidentally by waterfowl
hunters only on days open to waterfowl hunting.
24. We only allow dogs to locate, point, and retrieve when
hunting for migratory game birds.
25. We prohibit frogging.
B. Upland Game Hunting. We allow hunting of rabbit, raccoon,
feral hog, beaver,

[[Page 57317]]

nutria, and coyote on designated areas of the refuge, as shown on
refuge hunting brochure map, subject to the following conditions:
1. Conditions A1 through A17 and A25 apply.
2. We allow rabbit hunting from December 1 until the end of the
Statewide season.
3. We allow use of shotguns during designated hunts only.
4. We allow rabbit dogs only after the close of the State deer
rifle season.
5. We require you to collar all dogs with owner's name and phone
number.
C. Big Game Hunting. We allow hunting of white-tailed deer on
designated areas of the refuge as shown on refuge hunting brochure
map subject to the following conditions:
1. Conditions A1 through A17 and A25 apply.
2. We allow archery-only deer hunting on the refuge from October
1 through October 31 in the Gremillion Unit, Island of the Owls
Unit, and Concrete Bridge Unit.
3. You must have hunter's name, address, and phone number
permanently attached to all deer stands. We allow only portable deer
stands that hunters must take down daily.
4. We prohibit hunters to drive deer or use pursuit dogs. We
prohibit use of dogs to trail wounded deer.
5. We allow only archery equipment during designated seasons.
6. We require hunters to complete and possess and carry proof of
completion of the International Bowhunters' Safety Course.
7. You may kill one deer of either sex per day during the deer
season.

* * * * *

0
6. In Sec. 32.42 Minnesota by:
0
a. Adding Detroit Lakes Wetland Management District; and
0
b. Adding Northern Tallgrass Prairie National Wildlife Refuge to read
as follows:

Sec. 32.42 Minnesota.

* * * * *

Detroit Lakes Wetland Management District

A. Hunting of Migratory Game Birds. We allow hunting of
migratory game birds throughout the district in accordance with
State regulations, except that we prohibit hunting on the
Headquarters Waterfowl Production Area (WPA) in Becker County, the
Hitterdal WPA in Clay County, and the McIntosh WPA in Polk County.
The following conditions apply:
1. We prohibit the use of motorized boats.
2. You must remove boats, decoys, blinds, and blind materials
brought onto WPAs following each day's hunt.
3. We allow the use of hunting dogs, provided the dog is under
the immediate control of the hunter at all times.
B. Upland Game Hunting. We allow upland game hunting in
accordance with State regulations throughout the district, except
that we allow no hunting on the Headquarters Waterfowl Production
Area (WPA) in Becker county, the Hitterdal WPA in Clay county, and
the McIntosh WPA in Polk county. The following condition applies: We
allow the use of hunting dogs, provided the dog is under the
immediate control of the hunter at all times.
C. Big Game Hunting. We allow big game hunting in accordance
with State regulations throughout the district, except that we allow
no hunting on the Headquarters Waterfowl Production Area (WPA) in
Becker county, the Hitterdal WPA in Clay county, and the McIntosh
WPA in Polk county. The following conditions apply:
1. We prohibit the construction or use of permanent blinds,
platforms, or ladders.
2. You must remove all portable hunting stands from the area at
the end of each day's hunt.
D. Sport Fishing. We allow fishing in accordance with State
regulations throughout the district subject to the following
condition: We prohibit the use of motorized boats.
* * * * *

Northern Tallgrass Prairie National Wildlife Refuge

A. Hunting of Migratory Game Birds. We allow hunting of
migratory game birds on designated areas in accordance with State
regulations subject to the following conditions:
1. You must remove boats, decoys, portable or temporary blinds,
materials brought onto the refuge, and other personal property at
the end of each day's hunt.
2. We prohibit the construction or use of permanent blinds,
stands, or scaffolds.
3. We prohibit the use of motorized watercraft.
B. Upland Game Hunting. We allow hunting of upland game on
designated areas in accordance with State regulations subject to the
following conditions:
1. Hunters may possess only approved nontoxic shot while in the
field.
2. We prohibit the use of dogs for hunting furbearers.
3. Hunters may take weasel, coyote, gopher, crow, and all other
species for which there is no closed season only during a State-
designated open season for other upland game species.
C. Big Game Hunting. We allow hunting of big game in accordance
with State regulations subject to the following conditions:
1. We prohibit the construction or use of permanent blinds,
stands, or scaffolds.
2. You must remove all temporary blinds, stands, and scaffolds
at the end of each day's hunt.
3. We prohibit the use of motorized watercraft.

* * * * *

0
7. In Sec. 32.43 Mississippi by adding Coldwater National Wildlife
Refuge to read as follows:

Sec. 32.43 Mississippi.

* * * * *

Coldwater National Wildlife Refuge

A. Hunting of Migratory Game Birds. [Reserved]
B. Upland Game Hunting. [Reserved]
C. Big Game Hunting. [Reserved]
D. Sport Fishing. We allow fishing on designated areas of the
refuge in accordance with State regulations subject to the following
conditions:
1. All persons fishing who are 16 years of age and older must
carry a State license on the refuge. You must have a signed refuge
fishing permit in your possession when fishing on the refuge. You
may obtain permits at North Mississippi Refuges Complex
Headquarters, 2776 Sunset Drive, Grenada, Mississippi 38901, or at
the Dahomey National Wildlife Refuge Office, Box 381, Highway 446,
Boyle, Mississippi 38730, or by mail from the above addresses.
2. We close the refuge to fishing from October 1 through
February 28.
3. We allow fishing in bar pits along the Corps of Engineers
levee only.
4. We prohibit possession of any weapon while fishing on the
refuge. This does not include fishing knives unless they are longer
than 3 inches (7.5 cm).
5. We prohibit possession or use of jugs, seines, nets, hand-
grab baskets, slat traps/baskets, or any other similar devices and
commercial fishing of any kind.
6. We allow trotlines, yo-yos, limb lines, crawfish traps, or
any other similar devices for recreational use only, and you must
tag or mark them with waterproof ink, legibly inscribed or legibly
stamped on the tag with your full name and full residence address,
including zip code. You must attend these devices a minimum of once
daily. If you are not going to attend these devices, you must remove
them from the refuge.
7. We prohibit snagging or attempting to snag fish.
8. We allow crawfishing.
9. We allow taking of frogs by Special Use Permit only.
* * * * *

0
8. In Sec. 32.46 Nebraska by:
0
a. Adding the text of paragraph A. and the text of paragraph C. of
Boyer Chute National Wildlife Refuge; and
0
b. Adding the text of paragraphs B. and C. of North Platte National
Wildlife Refuge to read as follows:

Sec. 32.46 Nebraska.

* * * * *

Boyer Chute National Wildlife Refuge

A. Hunting of Migratory Game Birds. We allow hunting of ducks,
geese, and coots on designated areas of the refuge subject to the
following conditions:
1. You may access the refuge from 1\1/2\ hours before legal
sunrise to 1 hour after legal sunset along the immediate shoreline
and including the high bank of the Missouri River. You may access
the hunting area by water or, if by land, only within the public use
area of the Island Unit and only with shotgun cased and unloaded.
2. You must remove all blinds and decoys at the conclusion of
each day's hunt.
3. You must adhere to all applicable State hunting regulations.
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C. Big Game Hunting. We allow hunting of white-tailed deer
subject to the following

[[Page 57318]]

condition: We allow a mentored youth hunt on designated areas of the
refuge subject to the guidelines set forth and administered by the
State.
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North Platte National Wildlife Refuge

* * * * *
B. Upland Game Hunting. We allow hunting of squirrel, rabbit,
pheasant, State-defined furbearers, and coyote on designated areas
of the refuge in accordance with State regulations subject to the
following conditions:
1. We close the Lake Alice Unit to all public entry from October
15 through January 14.
2. Hunters must be 15 years of age or younger. A licensed hunter
19 years of age or older must accompany youth hunters. We prohibit
adults accompanying youth hunters to hunt or carry firearms. The
accompanying adult is responsible for ensuring that the hunter does
not engage in conduct that would constitute a violation of refuge or
State regulations.
3. We close the refuge to public use from legal sunset to legal
sunrise. However, youth hunters and their adult guides may enter the
designated hunting area 1 hour prior to legal sunrise.
4. We only allow dogs for pheasant-hunting on the refuge.
C. Big Game Hunting. We allow archery hunting of mule deer and
white-tailed deer on designated areas of the refuge in accordance
with State regulations subject to the following conditions:
1. We close the Lake Alice Unit to all public entry from October
15 through January 14.
2. We close the refuge to public use from legal sunset to legal
sunrise. However, archery deer hunters may enter the designated
hunting area 1 hour prior to legal sunrise and remain until 1 hour
after legal sunset.

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0
9. In Sec. 32.56 Oregon by adding the text of paragraph D. of Bandon
Marsh National Wildlife Refuge to read as follows:

Sec. 32.56 Oregon.

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Bandon Marsh National Wildlife Refuge

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D. Sport Fishing. We allow sport fishing in accordance with
State regulations, on that portion of the refuge west of U.S.
Highway 101.

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0
10. In Sec. 32.66 Virginia by adding the text of paragraph D. of
Rappahannock River Valley National Wildlife Refuge to read as follows:

Sec. 32.66 Virginia.

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Rappahannock River Valley National Wildlife Refuge

* * * * *
D. Sport Fishing. We allow fishing on designated areas of Wilna
Pond in Richmond County subject to the following conditions:
1. As we implement the new fishing program at Wilna Pond, we
intend to be open on a daily basis, legal sunrise to legal sunset.
If unexpected law enforcement issues arise, we may restrict hours of
access for fishing.
2. From March 15 through June 30, we allow fishing from the
Wilna Pond pier only (no boat or bank fishing).
3. During the period when we open the Wilna Tract for deer
hunting, we will close it to all other uses, including fishing.
4. We prohibit fishing by any means other than by use of one or
more attended poles with hook and line attached.
5. We prohibit the use of lead fishing tackle.
6. We require catch and release fishing only for largemouth
bass. Anglers may take other finfish species in accordance with
State regulations.
7. We prohibit the take of any reptile, amphibian, or
invertebrate species for use as bait or for any other purpose.
8. We prohibit the use of live minnows as bait.
9. We prohibit use of boats propelled by gasoline motors, sail,
or mechanically operated paddle wheel. We only permit car-top boats;
and we prohibit trailers.
10. Prescheduled environmental education field trips will have
priority over other uses, including sport fishing, on the Wilna Pond
pier at all times.

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Dated: September 29, 2003.
Julie MacDonald,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 03-25193 Filed 9-30-03; 3:56 pm]

BILLING CODE 4310-55-P