[Federal Register: June 11, 2008 (Volume 73, Number 113)]
[Proposed Rules]
[Page 33201-33210]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr11jn08-24]
[[Page 33201]]
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Part III
Department of the Interior
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Fish and Wildlife Service
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50 CFR Part 32
2008-2009 Refuge-Specific Hunting and Sport Fishing Regulations
(Additions); Proposed Rule
[[Page 33202]]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 32
[FWS-R9-WSR-2008-0017; 93270-1265-0000-4A]
RIN 1018-AV20
2008-2009 Refuge-Specific Hunting and Sport Fishing Regulations
(Additions)
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Proposed rule.
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SUMMARY: The Fish and Wildlife Service proposes to add one refuge to
the list of areas open for hunting and/or sport fishing programs and
increase the activities available at six other refuges for the 2008-
2009 season.
DATES: Your comments must be postmarked on or before July 11, 2008.
ADDRESSES: You may submit comments by one of the following methods:
[cir] Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
[cir] U.S. mail or hand delivery: Public Comments Processing, Attn:
RIN 1018-AV20; Division of Policy and Directives Management; U.S. Fish
and Wildlife Service; 4401 N. Fairfax Drive, Suite 222; Arlington, VA
22203.
We will not accept e-mail or faxes. We will post all comments on
http://www.regulations.gov. This generally means that we will post any
personal information you provide us (see the Public Comments section
below for more information). For information on specific refuges'
public use programs and the conditions that apply to them or for copies
of compatibility determinations for any refuge(s), contact individual
programs at the addresses/phone numbers given in ``Available
Information for Specific Refuges'' under SUPPLEMENTARY INFORMATION.
FOR FURTHER INFORMATION CONTACT: Leslie A. Marler, Management Analyst,
Division of Conservation Planning and Policy, U.S. Fish and Wildlife
Service, 4401 N. Fairfax Drive, Suite 670, Arlington, VA 22203; (703)
358-2397; Fax (703) 358-2248.
SUPPLEMENTARY INFORMATION: The National Wildlife Refuge System
Administration Act of 1966 closes national wildlife refuges in all
States except Alaska to all uses until opened. The Secretary of the
Interior (Secretary) may open refuge areas to any use, including
hunting and/or sport fishing, upon a determination that such uses are
compatible with the purposes of the refuge and National Wildlife Refuge
System (Refuge System or our/we) mission. The action also must be in
accordance with provisions of all laws applicable to the areas,
developed in coordination with the appropriate State fish and wildlife
agency(ies), consistent with the principles of sound fish and wildlife
management and administration, and otherwise in the public interest.
These requirements ensure that we maintain the biological integrity,
diversity, and environmental health of the Refuge System for the
benefit of present and future generations of Americans.
We review refuge hunting and sport fishing programs to determine
whether to include additional refuges or whether individual refuge
regulations governing existing programs need modifications. Changing
environmental conditions, State and Federal regulations, and other
factors affecting fish and wildlife populations and habitat may warrant
modifications to refuge-specific regulations to ensure the continued
compatibility of hunting and sport fishing programs and to ensure that
these programs will not materially interfere with or detract from the
fulfillment of refuge purposes or the Refuge System's mission.
Provisions governing hunting and sport fishing on refuges are in
title 50 of the Code of Federal Regulations in part 32 (50 CFR part
32). We regulate hunting and sport fishing on refuges to:
Ensure compatibility with refuge purpose(s);
Properly manage the fish and wildlife resource(s);
Protect other refuge values;
Ensure refuge visitor safety; and
Provide opportunities for quality fish and wildlife-
dependent recreation.
On many refuges where we decide to allow hunting and sport fishing,
our general policy of adopting regulations identical to State hunting
and sport fishing regulations is adequate in meeting these objectives.
On other refuges, we must supplement State regulations with more-
restrictive Federal regulations to ensure that we meet our management
responsibilities, as outlined in the ``Statutory Authority'' section.
We issue refuge-specific hunting and sport fishing regulations when we
open wildlife refuges to migratory game bird hunting, upland game
hunting, big game hunting, or sport fishing. These regulations list the
wildlife species that you may hunt or fish, along with seasons, bag or
creel limits, methods of hunting or sport fishing, descriptions of
areas open to hunting or sport fishing, and other provisions as
appropriate. You may find previously issued refuge-specific regulations
for hunting and sport fishing in 50 CFR part 32. In this rulemaking, we
are also proposing to standardize and clarify the language of existing
regulations.
Plain Language Mandate
In this proposed rule, we made some of the revisions to the
individual refuge units to comply with a Presidential mandate to use
plain language in regulations; as such, these particular revisions do
not modify the substance of the previous regulations. These types of
changes include using ``you'' to refer to the reader and ``we'' to
refer to the Refuge System, using the word ``allow'' instead of
``permit'' when we do not require the use of a permit for an activity,
and using active voice (i.e., ``We restrict entry into the refuge'' vs.
``Entry into the refuge is restricted''.)
Statutory Authority
The National Wildlife Refuge System Administration Act of 1966
(16 U.S.C. 668dd-668ee, as amended by the National Wildlife Refuge
System Improvement Act of 1997 [Improvement Act]) (Administration Act)
and the Refuge Recreation Act of 1962 (16 U.S.C. 460k-460k-4)
(Recreation Act) govern the administration and public use of refuges.
Amendments enacted by the Improvement Act built upon the
Administration Act in a manner that provides an ``organic act'' for the
Refuge System similar to those that exist for other public Federal
lands. The Improvement Act serves to ensure that we effectively manage
the Refuge System as a national network of lands, waters, and interests
for the protection and conservation of our Nation's wildlife resources.
The Administration Act states first and foremost that we focus our
Refuge System mission on conservation of fish, wildlife, and plant
resources and their habitats. The Improvement Act requires the
Secretary, before allowing a new use of a refuge, or before expanding,
renewing, or extending an existing use of a refuge, to determine that
the use is compatible with the mission for which the refuge was
established. The Improvement Act established as the policy of the
United States that wildlife-dependent recreation, when compatible, is a
legitimate and appropriate public use of the Refuge System, through
which the American public can develop an appreciation for fish and
wildlife. The Improvement Act established six wildlife-dependent
recreational uses,
[[Page 33203]]
when compatible, as the priority general public uses of the Refuge
System. These uses are: Hunting, fishing, wildlife observation and
photography, and environmental education and interpretation.
The Recreation Act authorizes the Secretary to administer areas
within the Refuge System for public recreation as an appropriate
incidental or secondary use only to the extent that doing so is
practicable and not inconsistent with the primary purpose(s) for which
Congress and the Service established the areas. The Recreation Act
requires that any recreational use of refuge lands be compatible with
the primary purpose(s) for which we established the refuge and not
inconsistent with other previously authorized operations.
The Administration Act and Recreation Act also authorize the
Secretary to issue regulations to carry out the purposes of the Acts
and regulate uses.
We develop specific management plans for each refuge prior to
opening it to hunting or sport fishing. In many cases, we develop
refuge-specific regulations to ensure the compatibility of the programs
with the purpose(s) for which we established the refuge and the Refuge
System mission. We ensure initial compliance with the Administration
Act and the Recreation Act for hunting and sport fishing on newly
acquired refuges through an interim determination of compatibility made
at or near the time of acquisition. These regulations ensure that we
make the determinations required by these acts prior to adding refuges
to the lists of areas open to hunting and sport fishing in 50 CFR part
32. We ensure continued compliance by the development of comprehensive
conservation plans, specific plans, and by annual review of hunting and
sport fishing programs and regulations.
New Hunting and Sport Fishing Programs
In preparation for new openings, we prepare and approve, at the
appropriate Regional Office and in Washington, documentation of
National Environmental Policy Act (NEPA) and the Endangered Species
Act; and we consult with the State and, where appropriate, Tribal
wildlife management agency. The Regional Director(s) certify that the
opening of these refuges to hunting and/or sport fishing has been found
to be compatible with the purpose(s) for which the respective refuge(s)
were established and the Refuge System mission. Copies of the
compatibility determinations for these respective refuges are available
by request to the Regional office noted under the heading ``Available
Information for Specific Refuges.''
The annotated chart below summarizes our proposed changes. The key
below the chart explains the symbols used:
Table 1.--Changes for 2008-2009 Hunting/Fishing
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Migratory bird Upland
National wildlife refuge State hunting hunting Big game hunting Fishing
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Agassiz...................... MN........... B............... B............ Previously
published.
Hamden Slough................ MN........... A............... ............. A...............
Blackwater................... MD........... B............... B............ Previously Previously
published. published.
Whittlesey Creek............. WI........... Previously ............. B...............
published.
Tensas River................. LA........... D............... D............ D............... Previously
published.
Upper Ouachita............... LA........... D............... D............ C/D............. D.
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A = Refuge added and activities opened.
B = Refuge already listed; added hunt category.
C = Refuge already listed; added species to hunt category.
D = Refuge already listed and opened to this activity; added land.
We are adding one refuge to the list of areas open for hunting and/
or sport fishing and increasing opportunities at six refuges. We
proposed these same changes in the 2006-2007 refuge-specific
regulations (71 FR 41864, July 24, 2006) but did not finalize them. We
are reproposing these changes with this rulemaking. We have made
significant changes to the analysis of impacts under the requirements
of the National Environmental Policy Act (NEPA) to address inadequacies
in our ``opening'' process found by Judge Ricardo Urbina in his ruling
in The Fund for Animals v. Dale Hall, 448 F. Supp. 2d.127, August 31,
2006. We believe that our new NEPA analysis satisfies our legal
requirements. Due to the delays experienced because of the lawsuit, no
rulemakings were published for the 2007-2008 season.
Bayou Cocodrie National Wildlife Refuge in the State of Louisiana
added new lands available to all existing opportunities, but this did
not result in any regulatory changes.
We are removing Stillwater Wildlife Management Area in the State of
Nevada from the list of refuges in 50 CFR part 32. The Bureau of
Reclamation holds primary jurisdiction over these lands by virtue of a
public lands withdrawal for drainage for the 1902 Newlands Reclamation
Project. The 1948 Tripartie Agreement with the Service, Nevada Board of
Fish and Game Commissioners (Nevada), and the Truckee-Carson Irrigation
District (Truckee-Carson) expired and has not been renewed.
We have cross-referenced a number of existing regulations in 50 CFR
parts 26, 27, and 32 to assist hunting and sport fishing visitors with
understanding safety and other legal requirements on refuges. This
redundancy is deliberate, with the intention of improving safety and
compliance in our hunting and sport fishing programs.
Fish Advisory
For health reasons, anglers should review and follow State-issued
consumption advisories before enjoying recreational sport fishing
opportunities on Service-managed waters. You can find information about
current fish consumption advisories on the Internet at: http://
www.epa.gov/ost/fish/.
Request for Comments
You may comment and send materials on this proposed rule by any one
of the methods listed in the ADDRESSES section. We will not accept
comments sent by e-mail or fax or to an address not listed in the
ADDRESSES section. We will not accept anonymous comments; your comment
must include your first and last name, city, State, country, and postal
(zip) code. Finally, we will not consider hand-delivered comments that
we do not receive, or mailed comments that are not postmarked, by the
date specified in the DATES section.
[[Page 33204]]
We will post your entire comment--including your personal
identifying information--on http://www.regulations.gov. If you provide
personal identifying information in addition to the required items
specified in the previous paragraph, such as your street address, phone
number, or e-mail address, you may request at the top of your document
that we withhold this information from public review. However, we
cannot guarantee that we will be able to do so.
Comments and materials we receive, as well as supporting
documentation we used in preparing this proposed rule, will be
available for public inspection on http://www.regulations.gov, or by
appointment, during normal business hours, at the U.S. Fish and
Wildlife Service; 4401 N. Fairfax Drive, Suite 670; Arlington, Virginia
22203; (703) 358-2397.
Public Comment
Department of the Interior policy is, whenever practicable, to
afford the public a meaningful opportunity to participate in the
rulemaking process. The process of opening refuges is done in stages,
with the fundamental work being performed on the ground at the refuge
and in the community where the program is administered. In these
stages, the public is given other opportunities to comment, for
example, on the comprehensive conservation plans, compatibility
determinations, and environmental assessments. The second stage is this
document, when we publish the proposed rule in the Federal Register for
additional comment, commonly a 30-day comment period.
We make every attempt to collect all of the proposals from the
refuges nationwide and process them expeditiously to maximize the time
available for public review. We believe that a 30-day comment period,
through the broader publication following the earlier public
involvement, gives the public sufficient time to comment and allows us
to establish hunting and fishing programs in time for the upcoming
seasons. Many of these rules also relieve restrictions and allow the
public to participate in 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 providing for
adequate resource protection, we must be timely in providing
modifications to certain hunting programs on some refuges.
We considered providing a 60-day, rather than a 30-day, comment
period. However, we feel, in conjunction with previous comment periods
on other aspects of this process (comprehensive conservation plans,
compatibility determinations, environmental assessments) that 30 days
is adequate for public comment. Any additional delay would hinder the
effective planning and administration of our hunting and fishing
programs.
Even after issuance of a final rule, we accept comments,
suggestions, and concerns for consideration for any appropriate
subsequent rulemaking.
When finalized, we will incorporate these regulations into 50 CFR
part 32. Part 32 contains general provisions and refuge-specific
regulations for hunting and sport fishing on refuges.
Clarity of This Rule
Executive Order (E.O.) 12866 requires each agency to write
regulations that are easy to understand. We invite your comments on how
to make this proposed 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
(e.g., grouping and order of sections, use of headings, paragraphing)
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 proposed rule easier to understand? Send a copy of any
comments on how we could make this proposed rule easier to understand
to: Office of Regulatory Affairs, Department of the Interior, Room
7229, 1849 C Street, NW., Washington, DC 20240. You may e-mail your
comments to: Execsec@ios.doi.gov.
Regulatory Planning and Review
The Office of Management and Budget (OMB) has determined that this
rule is not significant and has not reviewed this rule under Executive
Order 12866 (E.O. 12866). OMB bases its determination on the following
four criteria:
(a) Whether the rule will have an annual effect of $100 million or
more on the economy or adversely affect an economic sector,
productivity, jobs, the environment, or other units of the government.
(b) Whether the rule will create inconsistencies with other Federal
agencies' actions.
(c) Whether the rule will materially affect entitlements, grants,
use fees, loan programs, or the rights and obligations of their
recipients.
(d) Whether the rule raises novel legal or policy issues.
Regulatory Flexibility Act
Under the Regulatory Flexibility Act (as amended by the Small
Business Regulatory Enforcement Fairness Act [SBREFA] of 1996) (5
U.S.C. 601 et seq.), whenever a Federal agency is required to publish a
notice of rulemaking for any proposed or final rule, it must prepare
and make available for public comment a regulatory flexibility analysis
that describes the effect of the rule on small entities (i.e., small
businesses, small organizations, and small government jurisdictions).
However, no regulatory flexibility analysis is required if the head of
an agency certifies that the rule would not have a significant economic
impact on a substantial number of small entities. Thus, for a
regulatory flexibility analysis to be required, impacts must exceed a
threshold for ``significant impact'' and a threshold for a
``substantial number of small entities.'' See 5 U.S.C. 605(b). SBREFA
amended the Regulatory Flexibility Act to require Federal agencies to
provide a statement of the factual basis for certifying that a rule
would not have a significant economic impact on a substantial number of
small entities.
This proposed rule does not increase the number of recreation types
allowed on the System but establishes a hunting program on one refuge
and expands activities at six other refuges. As a result, opportunities
for wildlife-dependent recreation on national wildlife refuges will
increase. The changes in the number of allowed use(s) are likely to
increase visitor activity on these national wildlife refuges.
Recreational user days are expected to increase by 475 fishing days and
8,352 hunting days. However, this is likely to be a substitute site for
the activity and not necessarily an overall increase in participation
rates for the activity.
New recreational user days generate expenditures associated with
recreational activities on refuges' wilderness areas. Due to the
unavailability of site-specific expenditure data, we use the national
estimates from the 2001 National Survey of Fishing, Hunting, and
Wildlife Associated Recreation to identify expenditures for food and
lodging, transportation, and other incidental expenses. Using the
average expenditures for these categories with the maximum expected
additional participation on the Refuge System yields approximately
$68,700 in fishing-
[[Page 33205]]
related expenditures and $831,300 in hunting-related expenditures.
By having ripple effects throughout the economy, these direct
expenditures are only part of the economic impact of recreational user
days. 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
$2.4 million (2006 dollars) (Southwick Associates, Inc., 2003). (Using
a local impact multiplier would yield more accurate and smaller
results. However, we employed the national impact multiplier due to the
difficulty in developing local multipliers for each specific region.)
Since most of the fishing and hunting occurs within 100 miles of a
participant's residence, it is unlikely that most of this spending
would be ``new'' money coming into a local economy; therefore, this
spending would be offset with a decrease in some other sector of the
local economy. The net gain to the local economies would be no more
than $2.5 million, and most likely considerably less. Since 80 percent
of the participants travel fewer 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 $488,000 annually.
To the extent visitors spend time and money in the area of the
refuge that they would not have spent there anyway, they contribute new
income to the regional economy and benefit local businesses. Many small
businesses within the retail trade industry (such as hotels, gas
stations, taxidermy shops, bait and tackle shops) may benefit from some
increased refuge visitation. A large percentage of these retail trade
establishments in the majority of affected counties qualify as small
businesses (Table 2).
We expect that the incremental recreational opportunities will be
scattered, and so we do not expect that the rule will have a
significant economic effect (benefit) on a substantial number of small
entities in any region or nationally. Using the estimate derived in the
Regulatory Planning and Review section, we expect approximately
$488,000 to be spent in total in the refuges' local economies. The
maximum increase ($2.4 million if all spending were new money) at most
would be less than 1 percent for local retail trade spending (Table 2).
Table 2.--Comparative Expenditures for Retail Trade Associated With Additional Refuge Visitation for 2008-2009
[2005 dollars in thousands]
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Estimated
Retail trade maximum Addition as a Total number Establish.
Refuge/county(ies) in 2002 addition from % of total retail with < 10 emp.
new activities establish.
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Agassiz:
Marshall, MN................ $80,352 $4 0.005 43 35
Hamden Slough:
Becker, MN.................. 351,508 16 0.005 159 117
Blackwater:
Dorchester, MD.............. 259,667 48 0.018 123 91
Whittlesey Creek:
Ashland, WI................. 185,394 2 0.001 94 70
Bayou Cocodrie:
Concordia, LA............... 135,975 63 0.047 82 60
Tensas River:
Franklin, LA................ 205,637 53 0.026 83 63
Madison, LA................. 78,207 53 0.068 42 31
Tensas, LA.................. 23,931 53 0.222 26 22
Upper Ouachita
Morehouse, LA............... 231,753 76 0.033 115 91
Union, LA................... 127,496 76 0.059 70 57
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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
spending near the affected refuges. Therefore, we certify that this
proposed 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). An initial/final Regulatory Flexibility
Analysis is not required. Accordingly, a Small Entity Compliance Guide
is not required.
Small Business Regulatory Enforcement Fairness Act
The proposed 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. Would not have an annual effect on the economy of $100 million
or more. The additional fishing and hunting opportunities at these
refuges would generate angler and hunter expenditures with an economic
impact estimated at $2.4 million per year (2006 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. Would 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 would 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 of high quality, participants would be attracted
to the refuge. If the refuge were
[[Page 33206]]
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. Would not have significant adverse effects on competition,
employment, investment, productivity, innovation, or the ability of
United States-based enterprises to compete with foreign-based
enterprises. This proposed rule represents only a small proportion of
recreational spending of a small number of affected anglers and
hunters, approximately a maximum of $2.4 million annually in impact.
Therefore, this rule would have no measurable economic effect on the
wildlife-dependent industry, which has annual sales of equipment and
travel expenditures of $72 billion nationwide. 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 we are opening only one refuge to hunting
and only six refuges are increasing activities by this proposed rule.
Unfunded Mandates Reform Act
Since this proposed rule would apply to public use of federally
owned and managed refuges, it would not impose an unfunded mandate on
State, local, or Tribal governments or the private sector of more than
$100 million per year. The rule would not have a significant or unique
effect on State, local, or Tribal governments or the private sector. A
statement containing the information required by the Unfunded Mandates
Reform Act (2 U.S.C. 1531 et seq.) is not required.
Takings (E.O. 12630)
In accordance with E.O. 12630, this proposed rule would not have
significant takings implications. This regulation would affect only
visitors at national wildlife refuges and describe what they can do
while they are on a refuge.
Federalism (E.O. 13132)
As discussed in the Regulatory Planning and Review and Unfunded
Mandates Reform Act sections above, this proposed rule would not have
sufficient Federalism implications to warrant the preparation of a
Federalism Assessment under E.O. 13132. In preparing this proposed
rule, we worked with State governments.
Civil Justice Reform (E.O. 12988)
In accordance with E.O. 12988, the Office of the Solicitor has
determined that the proposed rule would not unduly burden the judicial
system and that it meets the requirements of sections 3(a) and 3(b)(2)
of the Order. The regulation would clarify established regulations and
result in better understanding of the regulations by refuge visitors.
Energy Supply, Distribution or Use (E.O. 13211)
On May 18, 2001, the President issued E.O. 13211 on regulations
that significantly affect energy supply, distribution, and use. E.O.
13211 requires agencies to prepare Statements of Energy Effects when
undertaking certain actions. Because this proposed rule would add one
refuge to the list of areas open for hunting and increase the
activities at six refuges, it is not a significant regulatory action
under E.O. 12866 and is not expected to significantly affect energy
supplies, distribution, and use. Therefore, this action is a not a
significant energy action and no Statement of Energy Effects is
required.
Consultation and Coordination With Indian Tribal Governments (E.O.
13175)
In accordance with E.O. 13175, we have evaluated possible effects
on federally recognized Indian tribes and have determined that there
are no effects. We coordinate recreational use on national wildlife
refuges with Tribal governments having adjoining or overlapping
jurisdiction before we propose the regulations.
Paperwork Reduction Act
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 (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. We
will ask OMB to approve necessary information collection(s).
Endangered Species Act Section 7 Consultation
In preparation for new openings, we comply with Section 7 of the
Endangered Species Act. Copies of the Section 7 evaluations may be
obtained by contacting the regions listed under Available Information
for Specific Refuges. For the proposals to open or to add opportunities
at national wildlife refuges for hunting and/or fishing, we have
determined that at Hamden Slough National Wildlife Refuge, and Tensas
River National Wildlife Refuge, the actions are not likely to adversely
affect listed species or designated critical habitat. For the proposals
at Whittlesey Creek National Wildlife Refuge and Blackwater National
Wildlife Refuge, we have determined the actions will have no effect on
any listed species or critical habitat. For Bayou Cocodrie National
Wildlife Refuge, Upper Ouachita National Wildlife Refuge, and Agassiz
National Wildlife Refuge, we have determined the actions may affect but
are not likely to adversely affect listed species/critical habitat.
We also comply with Section 7 of the ESA when developing
comprehensive conservation plans (CCPs) and step-down management plans
for public use of refuges, and prior to implementing any new or revised
public recreation program on a refuge as identified in 50 CFR 26.32.
National Environmental Policy Act
Based upon review of the refuge-specific Environmental Assessments
for the opening of new or expansion of existing hunting programs on 7
national wildlife refuges (Agassiz NWR, Hamden Slough NWR, Blackwater
NWR, Whittlesey Creek, Bayou Cocodrie NWR, Tensas River NWR, and Upper
Ouachita NWR), and of associated documentation referenced below, it is
our determination that the action of opening or expanding hunting
programs on these 7 refuges as described and which will be codified by
rulemaking in 2008, does not constitute a major Federal action
significantly affecting the quality of the human environment under the
meaning of section 102(2)(c) of the National Environment Policy Act of
1969 (as amended). As such, an environmental impact statement is not
required.
We have further prepared a Cumulative Impact Report that analyzes
the cumulative impacts of these proposed openings. In this Report we
evaluate cumulative impacts within the context of the new and expanded
[[Page 33207]]
hunting and fishing programs on the seven refuges combined and within
the context of hunting and fishing programs on the Refuge System as a
whole.
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 CCPs and/or other step-
down management plans, pursuant to our refuge planning guidance in 602
Fish and Wildlife Service Manual (FW) 1, 3, and 4. We 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. Copies of all plans and NEPA compliance are available from the
refuges at the addresses provided below.
Available Information for Specific Refuges
Individual refuge headquarters retain information regarding public
use programs and conditions that apply to their specific programs and
maps of their respective areas. If the specific refuge you are
interested in is not mentioned below, then contact the appropriate
Regional offices listed below:
Region 1--California, Hawaii, Idaho, Nevada, Oregon, and
Washington. Regional Chief, National Wildlife Refuge System, U.S. Fish
and Wildlife Service, Eastside Federal Complex, Suite 1692, 911 N.E.
11th Avenue, Portland, OR 97232-4181; Telephone (503) 231-6214.
Region 2--Arizona, New Mexico, Oklahoma, and Texas. Regional Chief,
National Wildlife Refuge System, U.S. Fish and Wildlife Service, Box
1306, 500 Gold Avenue, Albuquerque, NM 87103; Telephone (505) 248-7419.
Region 3--Illinois, Indiana, Iowa, Michigan, Minnesota, Missouri,
Ohio, and Wisconsin. Regional Chief, National Wildlife Refuge System,
U.S. Fish and Wildlife Service, 1 Federal Drive, Federal Building, Fort
Snelling, Twin Cities, MN 55111; Telephone (612) 713-5401. Hamden
Slough National Wildlife Refuge, 21212 210th Street, Audubon, Minnesota
56511; Telephone (218) 439-6319.
Region 4--Alabama, Arkansas, Florida, Georgia, Kentucky, Louisiana,
Mississippi, North Carolina, Tennessee, South Carolina, Puerto Rico,
and the Virgin Islands. Regional Chief, National Wildlife Refuge
System, U.S. Fish and Wildlife Service, 1875 Century Boulevard,
Atlanta, GA 30345; Telephone (404) 679-7166.
Region 5--Connecticut, Delaware, District of Columbia, Maine,
Maryland, Massachusetts, New Hampshire, New Jersey, New York,
Pennsylvania, Rhode Island, Vermont, Virginia and West Virginia.
Regional Chief, National Wildlife Refuge System, U.S. Fish and Wildlife
Service, 300 Westgate Center Drive, Hadley, MA 01035-9589; Telephone
(413) 253-8306.
Region 6--Colorado, Kansas, Montana, Nebraska, North Dakota, South
Dakota, Utah, and Wyoming. Regional Chief, National Wildlife Refuge
System, U.S. Fish and Wildlife Service, 134 Union Blvd., Lakewood, CO
80228; Telephone (303) 236-8145.
Region 7--Alaska. Regional Chief, National Wildlife Refuge System,
U.S. Fish and Wildlife Service, 1011 E. Tudor Rd., Anchorage, AK 99503;
Telephone (907) 786-3545.
Primary Author
Leslie A. Marler, Management Analyst, Division of Conservation
Planning and Policy, National Wildlife Refuge System, is the primary
author of this rulemaking document.
List of Subjects in 50 CFR Part 32
Fishing, Hunting, Reporting and recordkeeping requirements,
Wildlife, Wildlife refuges.
For the reasons set forth in the preamble, we propose to amend
title 50, Chapter I, subchapter C of the Code of Federal Regulations as
follows:
PART 32--[AMENDED]
1. The authority citation for part 32 continues to read as follows:
Authority: 5 U.S.C. 301; 16 U.S.C. 460k, 664, 668dd-668ee, and
715i.
2. Amend Sec. 32.7 ``What refuge units are open to hunting and/or
sport fishing?'' by:
a. Adding Hamden Slough National Wildlife Refuge in the State of
Minnesota; and
b. Removing Stillwater Wildlife Management Area in the State of
Nevada.
3. Amend Sec. 32.37 Louisiana by:
a. Revising paragraphs A.3., A.5., A.6., A.9., A.11., A.12, B.2.,
B.6. and B.7, adding paragraphs B.8 through B.10., and revising
paragraph C. of Tensas River National Wildlife Refuge; and
b. Revising paragraphs A., B., and C. of Upper Ouachita National
Wildlife Refuge to read as follows:
Sec. 32.37 Louisiana.
* * * * *
Tensas River National Wildlife Refuge
A. Migratory Game Bird Hunting. * * *
* * * * *
3. We allow refuge hunters to enter the refuge no earlier than 4
a.m., and they must depart no later than 2 hours after legal sunset
unless they are participating in the refuge raccoon hunt.
* * * * *
5. We allow shotguns equipped with a single-piece magazine plug
that allows the gun to hold no more than two shells in the magazine and
one in the chamber. We prohibit target practicing or shooting to unload
modern firearms on the refuge at any time. Shotgun hunters must possess
only an approved nontoxic shot when hunting migratory birds (see Sec.
32.2(k)). We require hunters to unload and encase all guns transported
in automobiles and boats or on all-terrain vehicles (see Sec. 27.42(b)
of this chapter). We allow firearms on the refuge only during the
refuge hunting season.
6. We prohibit permanent or pit blinds on the refuge. You must
remove all blind material sand decoys following each day's hunt (see
Sec. 27.93 of this chapter).
* * * * *
9. We prohibit baiting or the possession of bait at any time while
on the refuge (see Sec. 32.2(h)).
* * * * *
11. While visiting the refuge, we prohibit: Spotlighting,
littering, fires, trapping, mandrives for game, possession of alcoholic
beverages in hunting areas, possession of open alcoholic beverage
containers, flagging, engineers tape, paint, unleashed pets, and
parking/blocking trail and gate entrances. We prohibit hunting within
150 feet (45 m) of: A designated public road, maintained road, trail,
fire breaks, dwellings, and above-ground oil and gas production
facilities. We define a maintained road or trail as one which has been
mowed, disked, or plowed.
12. We require a Tensas River National Wildlife Refuge Access
Permit for all migratory bird hunts. You will find the permits on the
front of the Public Use Regulation brochure.
* * * * *
B. Upland Game Hunting. * * *
* * * * *
2. We allow squirrel and rabbit hunting with and without dogs. We
will allow hunting without dogs from the beginning of the State season
to a date typically ending the day before the refuge deer muzzleloader
hunt. We do not require hunters to wear hunter orange during the
squirrel and rabbit hunt without dogs. Squirrel and rabbit
[[Page 33208]]
hunting will begin again, with or without dogs, the day after the
refuge deer muzzleloader hunt and will conclude the last day of the
refuge squirrel season which typically ends on February 15.
* * * * *
6. We allow .22 caliber rimfire weapons and shotguns equipped with
a single-piece magazine plug that allows the gun to hold no more than
two shells in the magazine and one in the chamber. We prohibit target
practicing or shooting to unload modern firearms on the refuge at any
time. Shotgun hunters must possess only an approved nontoxic shot when
hunting upland game (see Sec. 32.2(k)). We require hunters to unload
and encase all guns transported in automobiles and boats or on all-
terrain vehicles (see Sec. 27.42(b) of this chapter). We define loaded
as shells in gun or caps on muzzleloader. We allow firearms on the
refuge only during the refuge hunting season.
7. We require all upland game hunters to report their game
immediately after each hunt at the check station nearest the point of
take.
8. Conditions A7, A10, A11, and A13 apply.
9. We prohibit any hunter to use climbing spikes or to hunt from a
tree that contains screw-in steps, nails, screw-in umbrellas, or any
metal objects that could damage trees (see Sec. 32.2(i)).
10. We require a Tensas River National Wildlife Refuge Access
Permit for all upland game hunts. Hunters will find permits on the
front of the Public Use Regulations brochure.
C. Big Game Hunting. We allow hunting of white-tailed deer and
turkey on designated areas of the refuge subject to the following
conditions:
1. Deer archery season will begin the first Saturday in November
and will conclude on the last day of the State archery season which is
generally January 31. We require that archery hunters, including
crossbow hunters, possess proof of completion of the International
Bowhunters Safety Course. We prohibit archery hunting during the
following refuge-wide deer hunts: Youth gun hunt and modern firearms
hunts. We prohibit possession of pods, drug-tipped arrows, or other
chemical substances.
2. Deer muzzleloader season will be 3 days and occur on a Monday,
Tuesday, and Wednesday in January. We will allow in-line muzzleloaders
and magnified scopes.
3. We will conduct two 2-day quota modern firearms hunts for deer
typically in the month of December. Hunt dates and permit application
procedures will be available at Refuge Headquarters in July. We
restrict hunters using a muzzleloader during this hunt to areas where
we allow modern firearms.
4. We will conduct guided quota youth deer hunts and guided quota
physically challenged deer hunts in the Greenlea Bend area typically in
December and January. Hunt dates and permit application procedures will
be available at the Refuge Headquarters in July.
5. We will conduct a refuge-wide youth deer hunt during the State-
wide youth hunt weekend typically in November. Hunt dates will be
available at Refuge Headquarters in July. Each participating youth
must: Be age 8-15, possess proof of completion of an approved Hunter
Safety Course, and be accompanied at all times by an adult age 21 or
older. Each adult hunter may supervise only one youth.
6. Hunters may take only one deer (one buck or one doe) per day
during refuge deer hunts except during guided youth and physically
challenged hunts where the limit will be one antlerless and one
antlered deer per day.
7. We allow turkey hunting the first 16 days of the State turkey
season. We will conduct a youth turkey hunt the Saturday and Sunday
before the regular State turkey season. You may harvest two bearded
turkeys per season. We allow the use and possession of lead shot while
turkey hunting on the refuge (see Sec. 32.2(k)). We allow use of
nonmotorized bicycles on designated all-terrain vehicle trails.
Although you may hunt turkeys without displaying a solid hunter orange
cap or vest during your turkey hunt, we do recommend its use.
8. Conditions A3, A7, A9, A11, A13, and B9 apply.
9. In areas posted ``Closed Area,'' we prohibit big game hunting at
any time. ``Closed Area''(s), which we designate on the Public Use
Regulations brochure map, are closed to all hunts.
10. We allow shotguns that are equipped with a single-piece
magazine plug that allows the gun to hold no more than two shells in
the magazine and one in the chamber. We allow shotgun hunters to use
rifled slugs only when hunting deer. We prohibit hunters using or
possessing buckshot while on the refuge. We prohibit target practicing
or shooting to unload modern firearms on the refuge at any time. We
require hunters to unload and encase all guns transported in
automobiles and boats or on all-terrain vehicles (see Sec. 27.42(b) of
this chapter). We define loaded as shells in gun or caps on
muzzleloader. We allow firearms on the refuge only during the refuge
hunting season.
11. We allow muzzleloader hunters to discharge their muzzleloaders
at the end of each hunt safely into the ground at least 150 feet (45 m)
from any designated public road, maintained road, trail, fire breaks,
dwellings, or above-ground oil and gas production facilities. We define
a maintained road or trail as one which has been mowed, disked, or
plowed and one which is free of trees.
12. We prohibit deer hunters leaving deer stands unattended before
the opening day of the refuge archery season, and hunters must remove
stands by the end of the last day of the refuge archery season. Hunters
must clearly mark stands left unattended on the refuge with the name
and address of the owner of the stand. Hunters must remove portable
stands from trees daily and place freestanding stands in a nonhunting
position when unattended.
13. We require deer hunters using muzzleloaders or modern firearms
to display a solid hunter-orange cap on their head and a solid hunter-
orange vest over their outermost garment covering their chest and back.
Hunters must display the solid hunter-orange items at all times while
in the field.
14. We require muzzleloader and modern firearms hunters utilizing
ground blinds to display 400 square inches (2,600 cm2) of
hunter orange outside of the blind that is visible from all sides of
the blind. Hunters must wear orange vests and hats as their outermost
garments while inside the blind.
15. We require all deer and turkey hunters to report their game
immediately after each hunt at the check station nearest to the point
of take.
16. We prohibit baiting or the possession of bait while on the
refuge at any time. We prohibit possession of chemical baits or
attractants used as bait.
17. We require a Tensas River National Wildlife Refuge Access
Permit for all big game hunts. You will find the permits on the front
of the Public Use Regulations brochure.
* * * * *
Upper Ouachita National Wildlife Refuge
A. Migratory Game Bird Hunting. We allow hunting of waterfowl
(duck, goose, coot, gallinule, rail, snipe), woodcock, and dove on
designated areas of the refuge in accordance with State regulations
subject to the following conditions:
1. Hunters must possess and carry a signed refuge permit.
2. We allow waterfowl hunting on the west side of the Ouachita
River north of
[[Page 33209]]
RCW Road. We allow waterfowl hunting on the east side of the Ouachita
River outside the Mollicy levee and south of the crude oil pipeline
which runs through Township 22N range 4E sections 2, 3, 4 within the
levee.
3. We allow woodcock hunting west of the Ouachita River. We allow
woodcock hunting on the east side of the Ouachita River outside the
Mollicy levee and south of the crude oil pipeline which runs through
Township 22N range 4E sections 2, 3, 4 within the levee.
4. We allow dove hunting during the first 3 days of the State
season east of the Ouachita River outside the Mollicy levee and south
of the crude oil pipeline which runs through Township 22N range 4E
sections 2, 3, 4 within the levee.
5. We allow waterfowl hunting until 12 p.m. (noon) during the State
season.
6. We will hold a limited youth waterfowl lottery hunt during the
State Youth Waterfowl Hunt. Application instructions are available at
the refuge office.
7. Hunters may enter the refuge no earlier than 4 a.m.
8. We prohibit hunting within 100 feet (30 m) of the maintained
rights of ways of roads, from or across ATV trails, and from above-
ground oil, gas, or electrical transmission facilities.
9. We prohibit leaving boats, blinds, and decoys unattended.
10. We allow dogs to locate, point, and retrieve when hunting for
migratory game birds. We prohibit the use of dogs for hog hunting.
11. Youth hunters under age 16 must successfully complete a State-
approved hunter education course. While hunting, each youth must
possess and carry a card or certificate of completion. Each youth
hunter must remain within sight and normal voice contact of an adult
age 21 or older. Each adult may supervise no more than two youth
hunters.
12. We prohibit any person or group to act as a hunting guide,
outfitter, or in any other capacity that pay other individual(s), pays
or promises to pay directly or indirectly for service rendered to any
other person or persons hunting on the refuge, regardless of whether
such payment is for guiding, outfitting, lodging, or club membership.
B. Upland Game Hunting. We allow hunting of quail, squirrel,
rabbit, raccoon, beaver, coyote, and opossum on designated areas of the
refuge in accordance with State regulations subject to the following
conditions:
1. Conditions A1, A8, A9, A11, and A12 (to hunt upland game) apply.
2. We allow hunting west of the Ouachita River. We allow hunting on
the east side of the Ouachita River outside the Mollicy levee and south
of the crude oil pipeline which runs through Township 22N range 4E
sections 2,3,4 within the levee.
3. We prohibit possession of firearms larger than .22 caliber
rimfire, shotgun slugs, and buckshot.
4. We allow hunting of raccoon and opossum during the daylight
hours (legal sunrise to legal sunset) of rabbit and squirrel season. We
allow night hunting (legal sunset to legal sunrise) during December and
January, and we allow use of dogs for night hunting. We prohibit the
selling of raccoon and opossum taken on the refuge for human
consumption.
5. We allow the use of dogs to hunt squirrel and rabbit after the
last refuge Gun Deer Hunt.
6. To use horses and mules to hunt raccoon and opossum at night,
hunters must first obtain a special permit at the refuge office.
7. Hunters may enter the refuge no earlier than 4 a.m. and must
exit no later than 2 hours after legal shooting hours.
8. We allow hunting of beaver and coyote during all open refuge
hunts with weapons legal for the ongoing hunt.
C. Big Game Hunting. We allow hunting of white-tailed deer, feral
hog, and turkey on designated areas of the refuge in accordance with
State regulations subject to the following conditions:
1. Conditions A1, A8, A9, A12 (to hunt big game), and B7 apply.
2. We allow general gun deer hunting on the following days: The
first consecutive Saturday and Sunday of November; the Friday,
Saturday, and Sunday following Thanksgiving Day; and the second
Saturday and Sunday after Thanksgiving Day. We allow archery deer
hunting during the entire State season.
3. We allow deer and feral hog hunting west of the Ouachita River.
We allow deer hunting on the east side of the Ouachita River outside
the Mollicy levee and south of the crude oil pipeline which runs
through Township 22N range 4E sections 2, 3, 4 within the levee.
4. The daily bag limit is one either-sex deer. The State season
limit applies.
5. Archery hunters must possess and carry proof of completion of
the International Bowhunters' Education Program.
6. We prohibit leaving deer stands, blinds, and other equipment
unattended.
7. Deer hunters must wear hunter orange as per State deer hunting
regulations on Wildlife Management Areas.
8. We prohibit hunters placing stands or hunting from stands on
pine trees with white-painted bands/rings.
9. Youth hunters under age 16 must successfully complete a State-
approved hunter education course. While hunting, each youth must
possess and carry a card or certificate of completion. Each youth
hunter must remain within sight and normal voice contact of an adult
age 21 or older. Each adult may supervise no more than one youth
hunter.
10. We will hold a limited lottery youth turkey hunt on the
Saturday of the State youth turkey hunt weekend.
11. We prohibit possession or distribution of bait or hunting with
the aid of bait, including any grain, salt, minerals, or other feed or
nonnaturally occurring attractant on the refuge (see Sec. 32.2(h)).
12. We allow hunting of hog during all open refuge hunts with
weapons legal for the ongoing hunt.
* * * * *
4. Amend Sec. 32.39 Maryland by revising paragraphs A. and B. of
Blackwater National Wildlife Refuge to read as follows:
Sec. 32.39 Maryland.
* * * * *
Blackwater National Wildlife Refuge
A. Migratory Game Bird Hunting. We allow hunting of goose and duck
on designated areas of the refuge in accordance with State regulations
subject to the following conditions:
1. We require refuge permits for all hunters regardless of age. We
require that hunters possess a valid State hunting license, any
required stamps, and a photo identification. Permits are
nontransferable.
2. All refuge hunters must abide by the terms and conditions of the
refuge permit.
B. Upland Game Hunting. We allow hunting of eastern wild turkey on
designated areas of the refuge in accordance with State regulations
subject to the following conditions: Conditions A1 and A2 apply.
* * * * *
5. Amend Sec. 32.42 Minnesota by:
a. Revising Agassiz National Wildlife Refuge; and
b. Adding Hamden Slough National Wildlife Refuge to read as
follows:
Sec. 32.42 Minnesota.
* * * * *
Agassiz National Wildlife Refuge
A. Migratory Game Bird Hunting. We allow hunting of waterfowl on
the
[[Page 33210]]
Farmers Pool Unit area of the refuge in accordance with State
regulations subject to the following conditions:
1. We allow a youth hunt only (age 16 and under). Youth hunters age
14 and under must be accompanied by an adult age 18 or older.
2. We prohibit vehicles and hunters from entering the refuge before
5:30 a.m. They must leave the refuge each day as soon as possible after
legal hunting hours.
3. We prohibit the use of motorized boats.
4. We prohibit the construction or use of permanent blinds, stands,
or scaffolds (see Sec. 27.92 of this chapter).
5. You must remove all personal property, which includes boats,
decoys, and blinds brought onto the refuge, each day of hunting (see
Sec. Sec. 27.93 and 27.94 of this chapter).
6. We allow the use of hunting dogs, provided the dog is under the
immediate control of the hunter at all times.
7. We prohibit the use of snowmobiles and ATVs.
8. We prohibit camping.
B. Upland Game Hunting. We allow hunting of ruffed grouse and
sharp-tailed grouse on designated areas of the refuge in accordance
with State regulations subject to the following conditions:
1. We allow hunting from the opening of the State's deer firearms
season to the close of the regular State's ruffed grouse and sharp-
tailed grouse seasons.
2. You may possess only approved nontoxic shot while in the field
(see Sec. 32.2(k)).
3. We prohibit hunting in the closed areas around the
administrative buildings.
4. Conditions A2 through A8 apply.
C. Big Game Hunting. We allow hunting of white-tailed deer and
moose on designated areas of the refuge in accordance with State
regulations subject to the following conditions:
1. We are currently closed to moose hunting until the population
recovers.
2. Conditions A1, A3, A4, A5, A7, and A8 apply.
3. We allow scouting the day before the youth deer hunt and the
deer firearms hunt.
4. We open archery hunting at the start of the State's deer
firearms season and close according to the State's archery deer season.
5. We allow muzzleloader deer hunting following the State's
muzzleloader season.
6. Hunters may use portable stands. We prohibit construction or use
of permanent blinds, permanent platforms, or permanent ladders.
7. You must remove all stands and personal property from the refuge
by legal sunset of each day (see Sec. Sec. 27.93 and 27.94 of this
chapter).
8. We prohibit hunters from occupying illegally set up or
constructed ground and tree stands (see condition C2).
9. We allow the use of wheeled, nonmotorized conveyance devices
(e.g., bikes, retrieval carts) except in Wilderness Areas.
10. We prohibit vehicles and hunters from entering the refuge
during the youth deer hunt until after 6 a.m.
D. Sport Fishing. [Reserved]
* * * * *
Hamden Slough National Wildlife Refuge
A. Migratory Game Bird Hunting. We allow hunting of waterfowl on
designated areas of the refuge in accordance with State regulations
subject to the following conditions:
1. We only allow waterfowl hunting during the State's Youth
Waterfowl Day.
2. Youth waterfowl hunters must be age 15 and under.
3. We will only allow waterfowl hunting in refuge tracts within
Audubon and Riceville Townships.
4. We prohibit the use of motorized boats.
5. We prohibit the construction or use of permanent blinds, stands,
or scaffolds.
6. You must remove all personal property, which includes boats,
decoys, blinds, and blind materials (except for blinds made entirely of
marsh vegetation) brought onto the refuge, following that day's hunt
(see Sec. Sec. 27.93 and 27.94 of this chapter).
7. We allow the use of hunting dogs, provided the dog is under the
immediate control of the hunter at all times during the State-approved
hunting season.
8. We prohibit entry to hunting areas earlier than 2 hours before
legal shooting hours.
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
subject to the following conditions:
1. We only allow hunting during the State's muzzleloader season
with muzzleloaders.
2. Hunters may use portable stands. We prohibit construction or use
of permanent blinds, permanent platforms, or permanent ladders.
3. Hunters must remove all stands and personal property from the
refuge at the end of each day's hunt (see Sec. Sec. 27.93 and 27.94 of
this chapter).
4. Condition A8 applies.
D. Sport Fishing. [Reserved]
* * * * *
6. Amend Sec. 32.69 Wisconsin by revising paragraph C. of
Whittlesey Creek National Wildlife Refuge to read as follows:
Sec. 32.69 Wisconsin.
* * * * *
Whittlesey Creek National Wildlife Refuge
* * * * *
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. We will allow archery deer hunting to take place on refuge lands
owned by the Service that constitute tracts greater than 20 acres (8
ha).
2. We prohibit hunting within a designated, signed area around the
Coaster Classroom and Northern Great Lakes Visitor Center boardwalk.
3. We prohibit the construction or use of permanent blinds or
platforms.
4. Hunters may use ground blinds or any elevated stands only if
they do not damage live vegetation, including trees (see Sec. 27.61 of
this chapter).
5. Hunters may construct ground blinds entirely of dead vegetation
from the refuge lands.
6. Hunters must remove all stands and blinds from the refuge at the
end of each day's hunt (see Sec. Sec. 27.93 and 27.94 of this
chapter).
7. We allow motorized vehicles only on public roads and parking
areas (see Sec. 27.31 of this chapter).
* * * * *
Dated: April 2, 2008.
David M. Vehrey,
Acting Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. E8-12193 Filed 6-10-08; 8:45 am]
BILLING CODE 4310-55-P