2010 Federal Register, 75 FR 18413; Centralized Library: U.S. Fish and Wildlife Service

[Federal Register: April 12, 2010 (Volume 75, Number 69)]
[Rules and Regulations]
[Page 18413-18427]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr12ap10-11]

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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 32

[Docket No. FWS-R9-NSR-2009-0023] [93270-1265-0000-4A]
RIN 1018-AW49

2009-2010 Refuge-Specific Hunting and Sport Fishing Regulations-
Additions

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Final rule.

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

SUMMARY: The Fish and Wildlife Service adds two refuges to the list of
areas open for hunting and/or sport fishing programs and increases the
activities available at eight other refuges for the 2009-2010 season.
One refuge will see a decrease in activities and another refuge will
see no net change in activities for the 2009-2010 season.

DATES: This rule is effective April 12, 2010.

FOR FURTHER INFORMATION CONTACT: Leslie A. Marler, (703) 358-2397; Fax
(703) 358-2248.

SUPPLEMENTARY INFORMATION: The National Wildlife Refuge System
Administration Act of 1966 closes national wildlife refuges in all
States except Alaska to all uses until opened. The Secretary of the
Interior (Secretary) may open refuge areas to any use, including
hunting and/or sport fishing, upon a determination that such uses are
compatible with the purposes of the refuge and National Wildlife Refuge
System (Refuge System or our/we) mission. The action also must be in
accordance with provisions of all laws applicable to the areas,
developed in coordination with the appropriate State fish and wildlife
agency(ies), consistent with the principles of sound fish and wildlife
management and administration, and otherwise in the public interest.
These requirements ensure that we maintain the biological integrity,
diversity, and environmental health of the Refuge System for the
benefit of present and future generations of Americans.
We annually review refuge hunting and sport fishing programs to
determine whether to include additional refuges or whether individual
refuge regulations governing existing programs need modifications.
Changing environmental conditions, State and Federal regulations, and
other factors affecting fish and wildlife populations and habitat may
warrant modifications to refuge-specific regulations to ensure the
continued compatibility of hunting and sport fishing programs and to
ensure that these programs will not materially interfere with or
detract from the fulfillment of refuge purposes or the Refuge System's
mission.
Provisions governing hunting and sport fishing on refuges are in
title 50 of the Code of Federal Regulations in part 32 (50 CFR part
32). We regulate hunting and sport fishing on refuges to:
Ensure compatibility with refuge purpose(s);
Properly manage the fish and wildlife resource(s);
Protect other refuge values;
Ensure refuge visitor safety; and
Provide opportunities for quality fish- and wildlife-
dependent recreation.
On many refuges where we decide to allow hunting and sport fishing,
our general policy of adopting regulations identical to State hunting
and sport fishing regulations is adequate in meeting these objectives.
On other refuges, we must supplement State regulations with more-
restrictive Federal regulations to ensure that we meet our management
responsibilities, as outlined in the ``Statutory Authority'' section.
We issue refuge-specific hunting and sport fishing regulations when we
open wildlife refuges to migratory game bird hunting, upland game
hunting, big game hunting, or sport fishing. These regulations list the
wildlife species that you may hunt or fish, seasons, bag or creel
(container for carrying fish) limits, methods of hunting or sport
fishing, descriptions of areas open to hunting or sport fishing, and
other provisions as appropriate. You may find previously issued refuge-
specific regulations for hunting and sport fishing in 50 CFR part 32.
In this rulemaking, we are also standardizing and clarifying the
language of existing regulations.

Plain Language Mandate

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

Statutory Authority

The National Wildlife Refuge System Administration Act of 1966 (16
U.S.C. 668dd-668ee, as amended by the National Wildlife Refuge System
Improvement Act of 1997 [Improvement Act]) (Administration Act), and
the Refuge Recreation Act of 1962 (16 U.S.C. 460k-460k-4) (Recreation
Act) govern the administration and public use of refuges.
Amendments enacted by the Improvement Act, which built upon the
Administration Act in a manner that provides an ``organic act'' for the
Refuge System, are 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 purpose for which the refuge was
established and the mission of the Refuge System. 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 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

[[Page 18414]]

not inconsistent with other previously authorized operations.
The Administration Act and Recreation Act also authorize the
Secretary to issue regulations to carry out the purposes of the Acts
and regulate uses.
We develop specific management plans for each refuge prior to
opening it to hunting or sport fishing. In many cases, we develop
refuge-specific regulations to ensure the compatibility of the programs
with the purpose(s) for which we established the refuge and the Refuge
System mission. We ensure initial compliance with the Administration
Act and the Recreation Act for hunting and sport fishing on newly
acquired refuges through an interim determination of compatibility made
at or near the time of acquisition. These regulations ensure that we
make the determinations required by these acts prior to adding refuges
to the lists of areas open to hunting and sport fishing in 50 CFR part
32. We ensure continued compliance by the development of comprehensive
conservation plans, specific plans, and by annual review of hunting and
sport fishing programs and regulations.

Response to Comments Received

In the December 29, 2009, Federal Register [74 FR 68968], we
published a proposed rulemaking identifying changes pertaining to
migratory game bird hunting, upland game hunting, big game hunting, and
sport fishing to existing refuge-specific language on certain refuges
for the 2009-2010 season. We received five comments (three from the
same commenter) on the proposed rule during a 30-day comment period.
One commenter supported the decision to open Turnbull National Wildlife
Refuge (NWR) in Washington for hunting, and another commenter was
generally supportive of all proposed openings with a concern raised
about the proposed cut in weekend waterfowl hunting opportunities at
Mathews Brake NWR in Mississippi. That concern is addressed below in
Comment/Response 4.
Comment 1: The commenter believes hunting is incompatible with the
public interest, that it is discriminatory in nature and
disenfranchises millions of residents in the United States.
Response 1: We disagree. The 1997 National Wildlife Refuge System
Administration Act stipulates that hunting (along with fishing,
wildlife observation and photography, and environmental education and
interpretation), if found to be compatible, is a legitimate and
priority general public use of a refuge that should be facilitated. The
Administration Act authorizes the Secretary to allow use of any refuge
area for any purpose as long as those uses are compatible. In the case
of each refuge opening/expansion in this rule, the refuge managers went
through the compatibility process (which allows for public comment), in
addition to complying with the National Environmental Policy Act (42
U.S.C. 4321 et seq.) [NEPA] (which also allows for public comment) to
make the determination before opening or expanding their refuge to
allow for hunting. We made no change to this rulemaking as a result of
this comment.
Comment 2: The same commenter asked for an extension of time to
further comment on the proposed rule and felt that we discriminate by
not allowing email or facsimile comments on the proposed rule.
Response 2: We disagree that the comment period is insufficient.
The process of opening refuges is done in stages, with the fundamental
work being done on the ground at the refuge and in the community where
the program is administered. In these stages, the public is provided
other opportunities to comment, for example, on the comprehensive
conservation plans, the compatibility determinations, and the hunt
plans and accompanying NEPA documents. The final stage is when we
publish the proposed rule in the Federal Register for additional
comment, commonly providing 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 wildlife-dependent recreational activities on
a number of refuges. Even after issuance of a final rule, we accept
comments, suggestions, and concerns for consideration for any
appropriate subsequent rulemaking.
As to no longer accepting facsimile or email comments, this change
occurred on December 10, 2007, when the Service became a participating
agency in the Federal Government's eRulemaking program, including the
Federal Docket Management System (FDMS). FDMS is the agency side of
Regulations.gov. Rulemaking documents are directly loaded from the
Federal Register into Regulations.gov for public review. FDMS enables
agencies, including the Service, to manage their administrative records
(dockets) electronically and to post public comments on
Regulations.gov. At the time that the Service began participating in
FDMS, the Service determined that, for rulemaking documents, we use
only the following methods for the public to comment: (1) Online
through Regulations.gov; (2) by U.S. mail; or (3) by hand delivery.
This helps ensure efficiency in allowing public review of our dockets.
Comment 3: The same commenter wondered if we are ``conserving''
fish, why are most species extinct at present. He or she continued,
``If you are conserving birds, why are 40 [bald] eagles in an entire
state considered adequate for ecological purposes?'' The commenter
lives on the east coast, so our assumption is that he or she is
referring to bald eagles.
Response 3: This rule opened no new refuges to fishing; four of the
refuges remain closed to fishing and the remaining eight refuges were
already open to fishing. We allow no fishing for species that are
listed as either threatened or endangered. We comply with section 7 of
the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) when
developing comprehensive conservation plans and step-down management
plans and have consulted with Ecological Services offices for each of
the affected refuge openings. In no case was there a finding that
hunting activities would affect threatened or endangered species.
The Service removed bald eagles from the Federal List of Endangered
and Threatened Wildlife in the lower 48 States on August 8, 2007. We
based our determination on a thorough review of all available
information, which indicated that the threats to this species had been
eliminated or reduced to the point that the species has recovered and
no longer meets the definition of threatened or endangered under the
Endangered Species Act. According to the July 9, 2007, final rule
published in the Federal Register (72 FR 37346), we went from 487
breeding pairs in 1963 to 9,789 breeding pairs in 2007. The recovery of
the bald eagle is due in part to the reduction in levels of persistent
organochlorine pesticides (such as DDT) occurring in the environment
and habitat protection and management actions. The protections provided
to the bald eagle under the Bald and Golden Eagle Protection Act (16
U.S.C. 668-668c) and the Migratory Bird Treaty Act

[[Page 18415]]

(16 U.S.C. 703-712) continue to remain in place after delisting of the
species.
Comment 4: A commenter expressed concern over the proposed
reduction of total migratory bird hunting days (by 200 in weekend
waterfowl hunting opportunities) at Mathews Brake NWR in Mississippi.
The commenter encourages us and the refuge administrators to work with
the local hunting community to find ways to reopen those days and to
provide enhanced weekend hunting opportunities.
Response 4: Mathews Brake has long had the reputation of being a
consistently good waterfowl hunting area, and it annually attracts
hunters from many different States. Good hunting sites are very
limited, producing a fierce competition among hunters, especially on
opening day and weekends. As an example, 2008 opening day of waterfowl
season had a total of 84 boats trying to vie for the places to hunt
within the limited area. As described in Objective 6B of the 2006
Comprehensive Conservation Plan for the Theodore Roosevelt National
Wildlife Refuges Complex, of which Mathews Brake is part, one of our
objectives for this hunt program is to ``provide hunters with a high-
quality, safe hunting experience on refuge lands...'' Limiting the
number of hunting parties to 20, with one boat per party, alleviates
many of the safety issues that were occurring (such as night time boat
races to the best spots), yet still allows a quality hunting experience
for those chosen through our draw system, and helps limit disturbance
to the wildlife resource values of Mathews Brake.
We do allow up to four hunters per party, thus providing weekend
and opening day hunting opportunities on Mathews Brake for up to 80
hunters per day. We are also aware that there will be hunters applying
for the Mathews Brake NWR weekend/opening day waterfowl hunts that will
not be selected. We provide unlimited weekend waterfowl hunting on
three other national wildlife refuges within the Theodore Roosevelt NWR
Complex, all with what we consider good hunting. For example, Morgan
Brake NWR, located approximately 10 miles south from Mathews Brake, has
2,966 acres open; Hillside NWR, 15 miles south from Mathews Brake, has
9,723 acres available for hunting; and Panther Swamp, located 40 miles
south, has 10,731 acres open for weekend waterfowl hunting. North of
Mathews Brake we allow unlimited weekend waterfowl hunting at Dahomey,
Tallahatchie, and Coldwater National Wildlife Refuges. There should be
no problem for individuals not selected to hunt at Mathews Brake to
find suitable waterfowl hunting on nearby refuges. We made no change to
this regulation as a result of this comment.

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 public comment period for the December 29, 2009, 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 allows 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 date of publication.

Amendments to Existing Regulations

This document codifies in the Code of Federal Regulations all of
the Service's hunting and/or sport fishing regulations that are
applicable at Refuge System units previously opened to hunting and/or
sport fishing. We are doing this to better inform the general public of
the regulations at each refuge, to increase understanding and
compliance with these regulations, and to make enforcement of these
regulations more efficient. In addition to now finding these
regulations in 50 CFR part 32, visitors to our refuges will usually
find them reiterated in literature distributed by each refuge or posted
on signs.
We have cross-referenced a number of existing regulations in 50 CFR
parts 26, 27, and 32 to assist hunting and sport fishing visitors with
understanding safety and other legal requirements on refuges. This
redundancy is deliberate, with the intention of improving safety and
compliance in our hunting and sport fishing programs.

Table 1 - Changes for 2009-2010 Hunting/Fishing Season
--------------------------------------------------------------------------------------------------------------------------------------------------------
Migratory Bird
National Wildlife Refuge State Hunting Upland Game Hunting Big Game Hunting Fishing
--------------------------------------------------------------------------------------------------------------------------------------------------------
Hillside MS Previously published Previously published B (turkey) Previously published
--------------------------------------------------------------------------------------------------------------------------------------------------------
Holt Collier MS Closed Previously published C Closed
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Mathews Brake MS F Previously published Previously published Previously published
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Morgan Brake MS Previously published Previously published A/B (hog) Previously published
--------------------------------------------------------------------------------------------------------------------------------------------------------
Panther Swamp MS D Previously published E Previously published
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Yazoo MS C Previously published Previously published Closed
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Nisqually WA G Closed Closed Previously published
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Turnbull WA H Closed H (elk) Closed
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Waccamaw SC A A A Previously published
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Lake Andes SD H H H Closed
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Red River LA A A A/B (hog, turkey) Previously published
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[[Page 18416]]

San Luis CA A Previously published Closed Previously published
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A= Refuge already open to activity but added new land which increased activity
B= Refuge already open to activity but added new species to hunt
C= Refuge already opened to activity but expanded the activity through increased type of hunt (e.g., youth waterfowl)/different weaponry now allowed
D= Refuge already opened to activity, added new land but adjusted hunt days, so no net increase
E= No increase in hunt days; rather a redistribution of hunt area/days to make for safer, quality hunt
F= Decrease in hunter days due to limiting of weekend waterfowl hunters
G= New activity on a refuge previously opened to other activities
H= New refuge opened, new activity

In the State of Mississippi, we revised the public hunting plan and
make the following changes for the Theodore Roosevelt National Wildlife
Refuge Complex (comprised of six refuges: Hillside, Holt Collier,
Mathews Brake, Morgan Brake, Panther Swamp, and Yazoo NWRs):
Revision of the hunt plan for Holt Collier NWR (which is
currently covered by the Yazoo NWR hunt plan) reflecting different
weaponry and changing 14 days of the hunt from archery to archery/
muzzleloader for big game hunting;
For Panther Swamp NWR: addition of deer hunting using
muzzleloaders and modern weapons and waterfowl hunting on 2,900 acres
of the Carter Unit; on the recently acquired 761-acre tract, expansion
of deer and feral hog hunting (with no corresponding increase in
hunters); and a redistribution/reduction of waterfowl hunting areas/
hunt days throughout the refuge, including the Carter Unit and recently
acquired 761-acre tract;
Addition of turkey hunting on Hillside NWR;
Addition of youth waterfowl hunting allowed on Yazoo NWR;
Limited weekend waterfowl hunt participation at Mathews
Brake NWR, decreasing the number of hunters; and
Increase in deer/feral hog hunting on 366 acres at Morgan
Brake NWR.
On Waccamaw NWR in South Carolina we added six new refuge parcels
and with this rule increase all allowable hunting activities on 1,905
acres and feral hog hunting on 1,200 acres. On Nisqually NWR in
Washington we have added 191 acres of tidal flats that we open to
migratory bird hunting. On Red River NWR in Louisiana we have added
approximately 6,000 acres of land that we open to all three hunting
activities, and we add feral hog and turkey hunting. On San Luis NWR in
California we have added approximately 2,000 acres of land (East Bear
Creek Unit) that we open for migratory game bird hunting.

Fish Advisory

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

Regulatory Planning and Review

The Office of Management and Budget (OMB) has determined that this
rule is not significant 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 rule adds two national wildlife refuges to the list of refuges
open to hunting, increases hunting activities on eight national
wildlife refuges, decreases activities at one national wildlife refuge
and has a net change of zero at one national wildlife refuge. As a
result, visitor use for wildlife-dependent recreation on these national
wildlife refuges will change. If the refuges establishing new hunting
programs were a pure addition to the current supply of such activities,
it would mean an estimated increase of 3,675 user days of hunting
(Table 2). Because the participation trend is flat in hunting
activities since 1991, this increase in supply will most likely be
offset by other sites losing participants. Therefore, this is likely to
be a substitute site for the activity and not necessarily an increase
in participation rates for the activity.

[[Page 18417]]

Table 2. Estimated Change in Hunting Opportunities in 2009/2010
------------------------------------------------------------------------
Additional Additional
Refuge Hunting Hunting
Days Expenditures
------------------------------------------------------------------------
Hillside 90 $9,635
------------------------------------------------------------------------
Holt Collier 150 $16,059
------------------------------------------------------------------------
Mathews Brake -200 ($21,412)
------------------------------------------------------------------------
Morgan Brake 25 $2,677
------------------------------------------------------------------------
Panther Swamp 0 0
------------------------------------------------------------------------
Yazoo 100 $10,706
------------------------------------------------------------------------
Nisqually 700 $74,942
------------------------------------------------------------------------
Turnbull 95 $10,171
------------------------------------------------------------------------
Waccamaw 75 $8,030
------------------------------------------------------------------------
Lake Andes 180 $19,271
------------------------------------------------------------------------
Red River 1,600 $171,297
------------------------------------------------------------------------
San Luis 860 $92,072
------------------------------------------------------------------------
Total 3,675 $393,448
------------------------------------------------------------------------

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. Due to the
unavailability of site-specific expenditure data, we use the national
estimates from the 2006 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 of the Refuge System yields approximately
$393,000 in hunting-related expenditures (Table 2). By having ripple
effects throughout the economy, these direct expenditures are only part
of the economic impact of waterfowl hunting. Using a national impact
multiplier for hunting activities (2.67) derived from the report
``Economic Importance of Hunting in America'' yields a total economic
impact of approximately $1.1 million (2008 dollars) (Southwick
Associates, Inc., 2007). Using a local impact multiplier would yield
more accurate and smaller results. However, we employed the national
impact multiplier due to the difficulty in developing local multipliers
for each specific region.
Since we know that most of the fishing and hunting occurs within
100 miles of a participant's residence, then it is unlikely that most
of this spending would be ``new'' money coming into a local economy;
therefore, this spending would be offset with a decrease in some other
sector of the local economy. The net gain to the local economies would
be no more than $1.1 million, and most likely considerably less. Since
80 percent of the participants travel less than 100 miles to engage in
hunting and fishing activities, their spending patterns would not add
new money into the local economy and, therefore, the real impact would
be on the order of $210,000 annually.
Small businesses within the retail trade industry (such as hotels,
gas stations, taxidermy shops, bait and tackle shops, etc.) may be
impacted from some increased or decreased refuge visitation. A large
percentage of these retail trade establishments in the local
communities around national wildlife refuges qualify as small
businesses (Table 3). We expect that the incremental recreational
changes will be scattered, and so we do not expect that the rule will
have a significant economic effect on a substantial number of small
entities in any region or nationally. As noted previously, we expect
approximately $210,000 to be spent in total in the refuges' local
economies. The maximum increase ($1.1 million if all spending were new
money) at most would be less than 1 percent for local retail trade
spending.

Table 3. Comparative Expenditures for Retail Trade Associated with Additional Refuge Visitation for 2009/2010
(thousands, 2008 dollars)
----------------------------------------------------------------------------------------------------------------
Estimated
Retail Trade Maximum Establ.
Refuge/County(ies) in 2002 Addition Addition as Establishments in With < 10
(2008 $ ) from New % of Total 2007 emp in 2007
Activities
----------------------------------------------------------------------------------------------------------------
Hillside
----------------------------------------------------------------------------------------------------------------
Holmes, MS $112,887.5 $4.5 0.004% 79 56
----------------------------------------------------------------------------------------------------------------

[[Page 18418]]

Holt Collier
----------------------------------------------------------------------------------------------------------------
Washington MS $723,963.8 $7.5 0.001% 281 201
----------------------------------------------------------------------------------------------------------------
Mathews Brake
----------------------------------------------------------------------------------------------------------------
Leflore, MS $364,678.3 -$10.0 -0.003% 183 136
----------------------------------------------------------------------------------------------------------------
Morgan Brake
----------------------------------------------------------------------------------------------------------------
Holmes, MS $112,887.5 $1.3 0.001% 79 56
----------------------------------------------------------------------------------------------------------------
Panther Swamp
----------------------------------------------------------------------------------------------------------------
Yazoo, MS $229,806.9 $0.0 0% 91 66
----------------------------------------------------------------------------------------------------------------
Yazoo
----------------------------------------------------------------------------------------------------------------
Washington, MS $723,963.8 $5.0 0.001% 281 201
----------------------------------------------------------------------------------------------------------------
Nisqually
----------------------------------------------------------------------------------------------------------------
Thurston, WA $2,676,041.6 $35.2 0.001% 794 535
----------------------------------------------------------------------------------------------------------------
Turnbull
----------------------------------------------------------------------------------------------------------------
Spokane, WA $5,825,795.2 $4.8 0% 1,698 1,105
----------------------------------------------------------------------------------------------------------------
Waccamaw
----------------------------------------------------------------------------------------------------------------
Horry, SC $3,858,832.9 $1.3 0% 1,681 1,239
----------------------------------------------------------------------------------------------------------------
Georgetown, SC $669,980.1 $1.3 0% 371 275
----------------------------------------------------------------------------------------------------------------
Marion, SC $286,986.1 $1.3 0% 151 112
----------------------------------------------------------------------------------------------------------------
Lake Andes
----------------------------------------------------------------------------------------------------------------
Charles Mix, SD $76,157.9 $9.0 0.012% 61 45
----------------------------------------------------------------------------------------------------------------
Red River
----------------------------------------------------------------------------------------------------------------
Natchitoches Parish, LA $375,577.5 $80.4 0.021% 149 101
----------------------------------------------------------------------------------------------------------------
San Luis
----------------------------------------------------------------------------------------------------------------
Merced, CA $1,917,683.1 $43.2 0.002% 582 395
----------------------------------------------------------------------------------------------------------------

With the small change in overall spending anticipated from this
rule, it is unlikely that a substantial number of small entities will
have more than a small impact from the spending change near the
affected refuges. Therefore, we certify that this rule will not have a
significant economic effect on a substantial number of small entities
as defined under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.).
An initial/final Regulatory Flexibility Analysis is not required.
Accordingly, a Small Entity Compliance Guide is not required.

Small Business Regulatory Enforcement Fairness Act

The rule is not a major rule under 5 U.S.C. 804(2), the Small
Business Regulatory Enforcement Fairness Act. We anticipate no
significant employment or small business effects.
This rule:
a. Will not have an annual effect on the economy of $100 million or
more. The minimal impact will be scattered across the country and will
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 opportunities for Americans. If the
substitute sites are farther from the participants' residences, then an
increase in travel costs will occur. The Service does not have
information to quantify this change in travel cost but assumes that,
since most people travel less than 100 miles to hunt, the increased
travel cost will be small. We do not expect this rule to affect the
supply or demand for hunting opportunities in the United States and,
therefore, it should not affect prices for

[[Page 18419]]

hunting equipment and supplies, or the retailers that sell equipment.
c. Will not have significant adverse effects on competition,
employment, investment, productivity, innovation, or the ability of
United States-based enterprises to compete with foreign-based
enterprises. This rule represents only a small proportion of
recreational spending at national wildlife refuges. Therefore, this
rule will have no measurable economic effect on the wildlife-dependent
industry, which has annual sales of equipment and travel expenditures
of $72 billion nationwide.

Unfunded Mandates Reform Act

Since this rule will apply to public use of federally owned and
managed refuges, it will not impose an unfunded mandate on State,
local, or Tribal governments or the private sector of more than $100
million per year. The rule will not have a significant or unique effect
on State, local, or Tribal governments or the private sector. A
statement containing the information required by the Unfunded Mandates
Reform Act (2 U.S.C. 1531 et seq.) is not required.

Takings (E.O. 12630)

In accordance with E.O. 12630, this rule will 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 (E.O. 13132)

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

Civil Justice Reform (E.O. 12988)

In accordance with E.O. 12988, the Office of the Solicitor has
determined that the rule will 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 clarifies established regulations and results in
better understanding of the regulations by refuge visitors.

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

On May 18, 2001, the President issued E.O. 13211 on regulations
that significantly affect energy supply, distribution, and use. E.O.
13211 requires agencies to prepare Statements of Energy Effects when
undertaking certain actions. Because this rule increases activities at
eight refuges and opens two new 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 Numbers are 1018-0102 and 1018-0140). 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 comply with section 7 of the Endangered Species Act when
developing Comprehensive Conservation Plans (CCPs) and step-down
management plans (which would include hunting and/or fishing 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.
Section 7 consultation has been completed on each of the affected
refuges.

National Environmental Policy Act

We analyzed this rule in accordance with the criteria of the
National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4332(C))
and 516 Departmental Manual (DM) 6, Appendix 1.
A categorical exclusion from NEPA documentation applies to
publication of proposed amendments to refuge-specific hunting and
fishing regulations since it is technical and procedural in nature, and
the environmental effects are too broad, speculative, or conjectural to
lend themselves to meaningful analysis (516 DM 2, Appendix 1.10).
Concerning the actions that are the subject of this rulemaking, we
complied with NEPA at the project level where we developed each
proposal. This is consistent with the Department of the Interior
instructions for compliance with NEPA where actions are covered
sufficiently by an earlier environmental document (516 DM 3.2A). We
completed an Environmental Assessment, along with a Finding of No
Significant Impact, for each refuge in this rulemaking except for
Nisqually NWR. For Nisqually, we completed a Categorical Exclusion,
along with an Environmental Action Statement. The action in Nisqually
is to open 191 acres already open to hunting to allow boat access for
hunting; the impact from this action was previously analyzed in
Nisqually NWR's Final CCP and EIS from 2004.
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--Hawaii, Idaho, 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,
Oregon 97232-4181; Telephone (503) 231-6214.
Turnbull National Wildlife Refuge, 26010 South Smith Road, Cheney,
Washington 99004; Telephone (509) 235-4723.
Region 2--Arizona, New Mexico, Oklahoma, and Texas. Regional Chief,
National Wildlife Refuge System, U.S.

[[Page 18420]]

Fish and Wildlife Service, Box 1306, 500 Gold Avenue, Albuquerque, New
Mexico 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, Minnesota 55111; Telephone (612) 713-5401.
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) 679-7166.
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, Massachusetts 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,
Colorado 80228; Telephone (303) 236-8145.
Lake Andes National Wildlife Refuge, 38672 291 Street, Lake Andes,
South Dakota 57356; Telephone (605) 487-7603.
Region 7--Alaska. Regional Chief, National Wildlife Refuge System,
U.S. Fish and Wildlife Service, 1011 E. Tudor Rd., Anchorage, Alaska
99503; Telephone (907) 786-3545.
Region 8--California and Nevada. Regional Chief, National Wildlife
Refuge System, U.S. Fish and Wildlife Service, 2800 Cottage Way, Room
W-2606, Sacramento, California 95825; Telephone (916) 414-6464.

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.

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. Amend Sec. 32.7 ``What refuge units are open to hunting and/or sport
fishing?'' by:
0
a. Adding Lake Andes National Wildlife Refuge, in alphabetical order,
in the State of South Dakota; and
0
b. Adding Turnbull National Wildlife Refuge, in alphabetical order, in
the State of Washington.
0
3. Amend Sec. 32.24 California by revising paragraphs A.9. through
A.12. and adding paragraph A.13. of San Luis National Wildlife Refuge
to read as follows:

Sec. 32.24 California.

* * * * *

San Luis National Wildlife Refuge

A. Migratory Game Bird Hunting. * * *

* * * * *
9. We restrict hunters in the spaced zone area of the East Bear
Creek Unit to their assigned zone except when they are traveling to and
from the parking area, retrieving downed birds, or when shooting to
retrieve crippled birds.
10. Access to the Freitas Unit free-roam hunting area is by boat
only with a maximum of 5 mph. Prohibited boats include air-thrust and/
or inboard water-thrust types.
11. We prohibit the use of motorized boats in the free-roam units
with the exception of the Freitas Unit.
12. We do not allow vehicle trailers of any type or size to be in
the refuge hunt areas at any time or to be left unattended at any
location on the refuge.
13. Dogs must remain under the immediate control of their owners at
all times (see Sec. 26.21(b) of this chapter).
* * * * *
0
4. Amend Sec. 32.37 Louisiana by revising paragraphs A., B., and C. of
Red River National Wildlife Refuge to read as follows:

Sec. 32.37 Louisiana.

* * * * *

Red River National Wildlife Refuge

A. Migratory Game Bird Hunting. We allow hunting of waterfowl
(duck, goose, coot, gallinule, rail, and 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 until 12 p.m. (noon) during the State
season.
3. We allow dove hunting on the days noted in the refuge brochure.
4. Hunters may enter the refuge no earlier than 4 a.m.
5. We prohibit hunting within 100 feet (30 m) of the maintained
rights of way of roads, from or across ATV trails, and from above-
ground oil, gas, or electrical transmission facilities.
6. We prohibit leaving boats, blinds, and decoys unattended.
7. We only allow dogs to locate, point, and retrieve when hunting
for migratory game birds.
8. Youth hunters under age 16 must remain within sight and normal
voice contact of an adult age 21 or older. Each adult may supervise no
more than two youth hunters.
9. We prohibit any person or group to act as a hunting guide,
outfitter, or in any other capacity that pays 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. Small Game Hunting. We allow hunting of quail, squirrel, rabbit,
raccoon, coyote, and opossum on designated areas of the refuge in
accordance with State regulations subject to the following conditions:
1. Conditions A1, A4, A5, A7, and A8 (to hunt small game) apply.
2. We allow hunting of raccoon and opossum during the daylight
hours of rabbit and squirrel season. We allow night hunting during
December and January. We prohibit the selling of raccoon and opossum
taken on the refuge for human consumption.
3. We allow the use of dogs to hunt squirrel and rabbit during
January and February.
4. To use horses and mules to hunt raccoon and opossum at night,
hunters must first obtain a Special Use Permit at the refuge office.
5. Hunters may enter the refuge no earlier than 4 a.m. and must
exit no later than 2 hours after legal shooting hours.
6. We allow coyote hunting during all open refuge hunts with
weapons legal for the ongoing hunt.
C. Big Game Hunting. We allow hunting of white-tailed deer, feral
hogs, and turkey on designated areas of the refuge in accordance with
State regulations subject to the following conditions:
1. Conditions A1, A4, A5, A7, and A8 (to hunt big game; each adult
may supervise no more than one youth hunter) and B6 apply.
2. We allow general gun deer hunting on the days noted. We allow
archery

[[Page 18421]]

deer hunting during the entire State season.
3. The daily bag limit is one either-sex deer. State season limit
applies.
4. Deer hunters must wear hunter orange as required by State deer
hunting regulations on Wildlife Management Areas.
5. We prohibit possession or distribution of bait while in the
field and hunting with the aid of bait, including any grain, salt,
mineral, or any nonnatural occurring food attractant on the refuge.
6. We allow hog hunting during all open refuge hunts with weapons
legal for the ongoing hunt.
7. We allow turkey hunting on the days noted in the brochure.
* * * * *
0
5. Amend Sec. 32.43 Mississippi by:
0
a. Revising Hillside National Wildlife Refuge;
0
b. Revising Holt Collier National Wildlife Refuge;
0
c. Revising Mathews Brake National Wildlife Refuge;
0
d. Revising Morgan Brake National Wildlife Refuge;
0
e. Revising Panther Swamp National Wildlife Refuge; and
0
f. Revising Yazoo National Wildlife Refuge to read as follows:

Sec. 32.43 Mississippi.

* * * * *

Hillside National Wildlife Refuge

A. Migratory Game Bird Hunting. We allow hunting of goose, duck,
merganser, coot, and dove in accordance with State regulations subject
to the following conditions:
1. Youth hunters age 15 and under must possess and carry a hunter
safety course card or certificate. Each youth hunter must remain within
sight and normal voice contact of an adult age 21 or older. Each hunter
age 16 and older must possess and carry a valid signed refuge Public
Use Permit certifying that he or she understands and will comply with
all regulations. One adult may supervise no more than one youth hunter.
2. Before hunting or fishing, all participants must display their
User Information Card in plain view on the dashboard of their vehicle
so that the Permit Number is readable.
3. Failure to display the User Information Card will result in the
loss of the participant's annual refuge Public Use Permit.
4. We prohibit hunting or entry into areas designated as ``CLOSED''
(see refuge brochure map).
5. We prohibit possession of alcoholic beverages (see
Sec. 32.2(j)).
6. We prohibit use of plastic flagging tape.
7. You must park vehicles in such a manner as not to obstruct
roads, gates, turn rows, or firelanes (see Sec. 27.31(h) of this
chapter).
8. We are open for hunting during the State season except during
the muzzleloader deer hunt.
9. Valid permit holders may take the following furbearers in season
incidental to other refuge hunts with legal weapons used for that hunt:
raccoon, opossum, coyote, beaver, bobcat, and nutria.
10. We allow ATVs only on designated trails (see Sec. 27.31 of this
chapter) (see refuge brochure map) from September 15 through February
28.
11. You may possess or use only approved nontoxic shot (see
Sec. 32.2(k)) while in the field.
12. You may take migratory birds with shotguns shooting only
approved nontoxic shot.
13. Hunters must remove all decoys, blind material (see Sec. 27.93
of this chapter), and harvested waterfowl from the area no later than 1
p.m. each day.
14. We allow goose, duck, merganser and coot hunting from [frac12]
hour before legal sunrise until 12 p.m. (noon). We allow entry into the
refuge at 4 a.m.
15. There is no early teal season.
16. We open for dove hunting on specified dates and areas within
the first and second State seasons. The first two Saturdays of the
first season require a Limited Hunt Permit assigned by random computer
drawing. At the end of the hunt you must return the permit with
information concerning your hunt. If you fail to return this permit,
you will not be eligible for any limited hunts the next year. Contact
the refuge headquarters for specific dates and open areas.
B. Upland Game Hunting.We allow hunting of squirrel, rabbit, quail,
and raccoon on designated areas of the refuge in accordance with State
regulations subject to the following conditions:
1. Conditions A1 through A10 apply.
2. We allow shotguns with only approved nontoxic shot (see
Sec. 32.2(k)), and .22 and .17 caliber rimfire rifles for taking small
game.
3. We allow dogs for hunting squirrel and quail and for the
February rabbit hunt.
4. During the rabbit and quail hunts, any person hunting or
accompanying another person hunting must wear at least 500 square
inches (3,250 cm\2\) of unbroken, fluorescent-orange material visible
above the waistline as an outer garment.
5. Beginning the first day after the deer muzzleloader hunt, we
restrict entry into the Turkey Point area until March 1.
6. With exception for raccoon hunting, we limit refuge ingress and
egress to the period of 4 a.m. to 1[frac12] hours after legal sunset.
7. We prohibit horses and mules.
C. Big Game Hunting. We allow hunting of white-tailed deer and
turkey on designated areas of the refuge in accordance with State
regulations subject to the following conditions:
1. Conditions A1 through A10, and B5 through B7 apply.
2. During all gun and muzzleloader deer hunts: all participants
must wear at least 500 square inches (3,250 cm\2\) of unbroken,
fluorescent-orange material visible above the waistline as an outer
garment while hunting and en route to and from hunting areas.
3. We prohibit organized drives for deer.
4. Hunting or shooting within or adjacent to open fields and tree
plantations less than 5 feet (1.5 m) in height must be from a stand a
minimum of 10 feet (3 m) above the ground.
5. We prohibit hunting or shooting into a 100-foot (30-m) zone
along either side of pipelines, power line rights-of-way, designated
roads, trails, or around parking lots (see refuge brochure map). You
are considered hunting if you occupy a stand or blind or have an arrow
nocked in a bow.
6. We designate deer check station dates, locations, and
requirements in the refuge brochure.
7. We allow hunters to possess and hunt from only one stand or
blind. Complex Headquarters will use a specific method to identify
stands and blinds. We prohibit the use of climbing spikes or hunting
from a tree in which metal objects have been screwed or driven (see
Sec. 32.2(i)). Hunters may place a deer stand or blind 48 hours prior
to a hunt and must remove it within 48 hours after each designated
hunt. Hunters may place turkey blinds the day of the hunt and remove
them after each day's hunt.
8. During designated muzzleloader hunts, we allow archery equipment
and muzzleloaders loaded with a single ball.
9. Turkey hunting opportunities will consist of three limited draw
hunts within the State season time frame. These hunts require a Limited
Hunt Permit assigned by random computer drawing. At the end of the hunt
you must return the permit with information concerning your hunt. If
you fail to return this permit, you will not be eligible for any
limited hunts the next year. Contact refuge headquarters for specific
requirements, hunts, and application dates.

[[Page 18422]]

10. Hunts and hunt dates are available at the refuge headquarters
in July, and we post them in the refuge brochure.
11. We prohibit all other public use on the refuge during all gun
and muzzleloader deer hunts.
D. Sport Fishing. We allow fishing on designated areas of the
refuge in accordance with State regulations subject to the following
conditions:
1. We close all refuge waters during the gun and muzzleloader deer
hunt.
2. We allow fishing in the borrow ponds along the north levee (see
refuge brochure map) throughout the year except during the gun and
muzzleloader deer hunt.
3. We open all other refuge waters March 1 through November 15.
4. We prohibit trot lines, limb lines, jugs, seines, and traps.
5. We prohibit fishing from bridges.
6. We allow frogging during the State bullfrog season.
7. We allow ATVs on designated trails (see Sec. 27.31 of this
chapter) (see refuge brochure map) September 15 through February 28.
8. With the exception for frogging during the State season, we
limit refuge ingress and egress for fishing to the period of 4 a.m. to
1[frac12] hours after legal sunset.

Holt Collier National Wildlife Refuge

A. Migratory Game Bird Hunting. [Reserved]
B. Upland Game Hunting. We allow hunting of rabbit and furbearers
on designated areas of the refuge in accordance with State regulations
subject to the following conditions:
1. Youth hunters age 15 and under must possess and carry a hunter
safety course card or certificate. Each youth hunter must remain within
sight and normal voice contact of an adult age 21 or older. Each hunter
age 16 and older must possess and carry a valid signed refuge Public
Use Permit certifying that he or she understands and will comply with
all regulations. One adult may supervise no more than one youth hunter.
2. Before hunting or fishing, all participants must display their
User Information Card in plain view on the dashboard of their vehicle
so that the Permit Number is readable.
3. Failure to display the User Information Card will result in the
loss of the participant's annual refuge Public Use Permit.
4. We prohibit hunting or entry into areas designated as ``CLOSED''
(see refuge brochure map).
5. We prohibit possession of alcoholic beverages (see
Sec. 32.2(j)).
6. We prohibit use of plastic flagging tape.
7. You must park vehicles in such a manner as not to obstruct
roads, gates, turn rows, or firelanes (see Sec. 27.31(h) of this
chapter).
8. We are open for hunting during the State season except during
the muzzleloader deer hunt.
9. Valid permit holders may take the following furbearers in season
incidental to other refuge hunts with weapons legal for that hunt:
raccoon, opossum, coyote, beaver, bobcat, and nutria.
10. We allow shotguns with only approved nontoxic shot (see
Sec. 32.2(k)), and .22 and .17 caliber rimfire rifles for taking small
game.
11. We allow rabbit and quail hunting with dogs in February.
12. During the rabbit and quail hunts, any person hunting or
accompanying another person hunting must wear at least 500 square
inches (3,250 cm\2\) of unbroken, fluorescent-orange material visible
above the waistline as an outer garment.
13. With exception for raccoon hunting, we limit refuge ingress and
egress to the period of 4 a.m. to 1[frac12] hours after legal sunset.
14. We prohibit horses and mules.
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 B1 through B7, B9, B13, and B14 apply.
2. During the muzzleloader deer hunt all participants must wear at
least 500 square inches (3,250 cm\2\) of unbroken, fluorescent-orange
material visible above the waistline as an outer garment while hunting
and en route to and from hunting areas.
3. We prohibit organized drives for deer.
4. Hunting or shooting within or adjacent to open fields and or
tree plantations less than 5 feet (1.5 m) in height must be from a
stand a minimum of 10 feet (3 m) above the ground.
5. We prohibit hunting or shooting into a 100-foot (30-m) zone
along either side of pipelines, power line rights-of-way, designated
roads, trails, or around parking lots (see refuge brochure map). We
consider it hunting if you occupy a stand or blind or have an arrow
nocked in a bow.
6. We designate deer check station dates, locations, and
requirements in the refuge brochure.
7. We allow hunters to possess and hunt from only one stand or
blind. Complex Headquarters will use a specific method to identify
stands and blinds. We prohibit the use of climbing spikes or hunting
from a tree into which hunters have screwed or driven metal objects
(see Sec. 32.2(i)). Hunters may place a deer stand or blind 48 hours
prior to a hunt and must remove it within 48 hours after each
designated hunt.
8. During designated muzzleloader hunts, we allow archery equipment
and muzzleloaders loaded with a single ball.
9. Hunts and hunt dates are available at the refuge headquarters in
July, and we post them in the refuge brochure.
10. We prohibit all other public use on the refuge during
muzzleloader deer hunts.
D. Sport Fishing. [Reserved]

Mathews Brake National Wildlife Refuge

A. Migratory Game Bird Hunting. We allow hunting of goose, duck,
merganser, and coot in accordance with State regulations subject to the
following conditions:
1. We allow hunting during the open State season. The first 2 days
of the season and all weekends, with the exception of youth weekends,
are limited draw hunts. These hunts require a Limited Hunt Permit
assigned by random computer drawing. At the end of the hunt you must
return the permit with information concerning your hunt. If you fail to
return this permit, you will not be eligible for any limited hunts the
next year. Contact refuge headquarters for specific requirements,
hunts, and application dates.
2. Youth hunters age 15 and under must possess and carry a hunter
safety course card or certificate. Each youth hunter must remain within
sight and normal voice contact of an adult age 21 or older. Hunters age
16 and older must possess and carry a valid signed refuge Public Use
Permit certifying that he or she understands and will comply with all
regulations. One adult may supervise no more than one youth hunter.
3. Before hunting or fishing, all participants must display their
User Information Card in plain view on the dashboard of their vehicle
so that the Permit Number is readable.
4. Failure to display the User Information Card will result in the
loss of the participant's annual refuge Public Use Permit.
5. We prohibit hunting or entry into areas designated as ``CLOSED''
(see refuge brochure map).
6. We prohibit possession of alcoholic beverages (see
Sec. 32.2(j)).
7. We prohibit use of plastic flagging tape.
8. You must park vehicles in such a manner as not to obstruct
roads, gates,

[[Page 18423]]

turn rows, or firelanes (see Sec. 27.31(h) of this chapter).
9. Valid permit holders may take the following furbearers in season
incidental to other refuge hunts with legal weapons used for that hunt:
raccoon, opossum, coyote, beaver, bobcat, and nutria.
10. You may possess or use only approved nontoxic shot (see
Sec. 32.2(k)) while in the field.
11. You may take migratory birds with shotguns shooting only
approved nontoxic shot.
12. Hunters must remove all decoys, blind material (see Sec. 27.93
of this chapter), boats, and harvested waterfowl from the area no later
than 1 p.m. each day.
13. We allow goose, duck, merganser, and coot hunting from [frac12]
hour before legal sunrise until 12 p.m. (noon). We allow entry into the
refuge at 4 a.m.
14. There is no early teal season.
15. Beginning the day before duck season opens and ending the last
day of duck season, we close refuge waters to all public use from 1
p.m. until 4 a.m.
B. Upland Game Hunting. We allow hunting of squirrel, rabbit, and
raccoon on designated areas of the refuge in accordance with State
regulations subject to the following conditions:
1. Conditions A2 through A9 and A15 apply.
2. We allow shotguns with only approved nontoxic shot (see
Sec. 32.2(k)) and .22 and .17 caliber rimfire rifles for taking small
game.
3. We allow dogs for hunting squirrel and for the February rabbit
hunt.
4. During the rabbit hunts, any person hunting or accompanying
another person hunting must wear at least 500 square inches (3,250
cm\2\) of unbroken, fluorescent-orange material visible above the
waistline as an outer garment.
5. We prohibit horses and mules.
6. Beginning the day before waterfowl season, we restrict hunting
to the waterfowl hunting area (see refuge brochure map).
C. Big Game Hunting. We allow archery hunting of white-tailed deer
on designated areas of the refuge in accordance with State regulations
subject to the following conditions:
1. Conditions A2 through A9, A15, and B5 apply.
2. We allow archery hunting October 1 through January 31.
3. State bag limits apply.
4. We prohibit organized drives for deer.
5. Hunting or shooting within or adjacent to open fields or tree
plantations less than 5 feet (1.5 m) in height must be from a stand a
minimum of 10 feet (3 m) above the ground.
6. We prohibit hunting or shooting into a 100-foot (30-m) zone
along either side of pipelines, power line rights-of-way, designated
roads, trails, or around parking lots (see refuge brochure map). We
consider it hunting if you occupy a stand or blind or have an arrow
nocked in a bow.
7. We designate deer check station dates, locations, and
requirements in the refuge brochure.
8. We allow hunters to possess and hunt from only one stand or
blind. Complex Headquarters will use a specific method to identify
stands and blinds. We prohibit the use of climbing spikes or hunting
from a tree into which hunters have screwed or driven metal objects
(see Sec. 32.2(i)). A hunter may place a deer stand or blind 48 hours
prior to a hunt and must remove it within 48 hours after each
designated hunt.
D. Sport Fishing. We allow fishing on designated areas of the
refuge in accordance with State regulations subject to the following
conditions:
1. We allow fishing in all refuge waters throughout the year,
except in the waterfowl sanctuary, which we close from the first day of
duck season through March 1 (see refuge brochure map).
2. Beginning the day before duck season opens and ending March 1,
we close refuge waters to all public use from 1 p.m. until 4 a.m.
3. We prohibit trot lines, limb lines, jugs, seines, and traps.
4. We allow frogging during the State bullfrog season.
5. With the exception for frogging during the State season, we
limit refuge ingress and egress for fishing to the period from 4 a.m.
to 1[frac12] hours after legal sunset.

Morgan Brake National Wildlife Refuge

A. Migratory Game Bird Hunting. We allow hunting of goose, duck,
merganser, and coot on the refuge in accordance with State regulations
subject to the following conditions:
1. Youth hunters age 15 and under must possess and carry a hunter
safety course card or certificate. Each youth hunter must remain within
sight and normal voice contact of an adult age 21 or older. Hunters age
16 and older must possess and carry a valid signed refuge Public Use
Permit certifying that he or she understands and will comply with all
regulations. One adult may supervise no more than one youth hunter.
2. Before hunting or fishing, all participants must display their
User Information Card in plain view on the dashboard of their vehicle
so that the Permit Number is readable.
3. Failure to display the User Information Card will result in the
loss of the participant's annual refuge Public Use Permit.
4. We prohibit hunting or entry into areas designated as ``CLOSED''
(see refuge brochure map).
5. We prohibit possession of alcoholic beverages (see
Sec. 32.2(j)).
6. We prohibit use of plastic flagging tape.
7. You must park vehicles in such a manner as not to obstruct
roads, gates, turn rows, or firelanes (see Sec. 27.31(h) of this
chapter).
8. We are open for hunting during the State season except during
the muzzleloader deer hunt.
9. Valid permit holders may take the following furbearers in season
incidental to other refuge hunts with legal weapons used for that hunt:
raccoon, opossum, coyote, beaver, bobcat, and nutria.
10. We allow ATVs only on designated trails (see Sec. 27.31 of this
chapter) (see refuge brochure map) from September 15 through February
28.
11. You may possess or use only approved nontoxic shot (see
Sec. 32.2(k)) while in the field.
12. You may take migratory birds with shotguns shooting only
approved nontoxic shot.
13. Hunters must remove all decoys, blind material (see Sec. 27.93
of this chapter), and harvested waterfowl from the area no later than 1
p.m. each day.
14. We allow goose, duck, merganser, and coot hunting from [frac12]
hour before legal sunrise until 12 p.m. (noon). We allow entry into the
refuge at 4 a.m.
15. There is no early teal season.
B. Upland Game Hunting. We allow hunting of squirrel, rabbit,
quail, and raccoon on designated areas of the refuge in accordance with
State regulations subject to the following conditions:
1. Conditions A1 through A11 apply.
2. We allow shotguns with only approved nontoxic shot (see
Sec. 32.2(k)), and .22 and .17 caliber rimfire rifles for taking small
game.
3. We allow dogs for hunting squirrel and quail and for the
February rabbit hunt.
4. During the rabbit and quail hunts, any person hunting or
accompanying another person hunting must wear at least 500 square
inches (3,250 cm\2\) of unbroken, fluorescent-orange material visible
above the waistline as an outer garment.
5. Beginning the first day after the deer muzzleloader hunt, we
restrict hunting through the remainder of the season(s) to the
designated waterfowl hunting area (see refuge brochure map).

[[Page 18424]]

6. With exception for raccoon hunting, we limit refuge ingress and
egress to the period of 4 a.m. to 1[frac12] hours after legal sunset.
7. We prohibit horses and mules.
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 through A7, A9, A10, B5, and B6 apply.
2. During muzzleloader deer hunts all participants must wear at
least 500 square inches (3,250 cm\2\) of unbroken, fluorescent-orange
material visible above the waistline as an outer garment while hunting
and en route to and from hunting areas.
3. We prohibit organized drives for deer.
4. Hunting or shooting within or adjacent to open fields or tree
plantations less than 5 feet (1.5 m) in height must be from a stand a
minimum of 10 feet (3 m) above the ground.
5. We prohibit hunting or shooting into a 100-foot (30-m) zone
along either side of pipelines, power line rights-of-way, designated
roads, trails, or around parking lots (see refuge brochure map). We
consider it hunting if you occupy a stand or blind or have an arrow
nocked in a bow.
6. We designate deer check station dates, locations, and
requirements in the refuge brochure.
7. We allow hunters to possess and hunt from only one stand or
blind. Complex Headquarters will use a specific method to identify
stands and blinds. We prohibit the use of climbing spikes or hunting
from a tree into which hunters have screwed or driven metal objects.
Hunters may place a deer stand or blind 48 hours prior to a hunt and
must remove it within 48 hours after each designated hunt.
8. During designated muzzleloader hunts, we allow archery equipment
and muzzleloaders loaded with a single ball.
9. Hunts and hunt dates are available at the refuge headquarters in
July, and we post them in the refuge brochure.
10. We prohibit all other public use on the refuge during all
muzzleloader deer hunts.
D. Sport Fishing. We allow fishing on designated areas of the
refuge in accordance with State regulations subject to the following
conditions:
1. We close all refuge waters during the muzzleloader deer hunt.
2. From November 16 to February 28, we allow fishing in refuge
waters north of Providence Road.
3. We open all other refuge waters March 1 through November 15.
4. We prohibit trot lines, limb lines, jugs, seines, and traps.
5. We allow frogging during the State bullfrog season.
6. With the exception for frogging during the State season, we
limit refuge ingress and egress for fishing to the period of 4 a.m. to
1[frac12] hours after legal sunset.
7. Conditions A2 through A10 apply.
* * * * *

Panther Swamp National Wildlife Refuge

A. Migratory Game Bird Hunting. We allow hunting of goose, duck,
merganser, and coot in accordance with State regulations subject to the
following regulations:
1. Youth hunters age 15 and under must possess and carry a hunter
safety course card or certificate. Each youth hunter must remain within
sight and normal voice contact of an adult age 21 or older. Each
hunters age 16 and older must possess and carry a valid signed refuge
Public Use Permit certifying that he or she understands and will comply
with all regulations. One adult may supervise no more than one youth
hunter.
2. Before hunting or fishing, all participants must display their
User Information Card in plain view on the dashboard of their vehicle
so that the Permit Number is readable.
3. Failure to display the User Information Card will result in the
loss of the participant's annual refuge Public Use Permit.
4. We prohibit hunting or entry into areas designated as ``CLOSED''
(see refuge brochure map).
5. We prohibit possession of alcoholic beverages (see
Sec. 32.2(j)).
6. We prohibit use of plastic flagging tape.
7. You must park vehicles in such a manner as not to obstruct
roads, gates, turn rows, or firelanes (see Sec. 27.31(h) of this
chapter).
8. We are open for hunting during the State season except during
the limited draw hunts.
9. Valid permit holders may take the following furbearers in season
incidental to other refuge hunts with legal weapons used for that hunt:
raccoon, opossum, coyote, beaver, bobcat, and nutria.
10. We allow ATVs on designated trails (see Sec. 27.31 of this
chapter) (see refuge brochure map) from September 15 through February
28.
11. You may possess or use only approved nontoxic shot (see
Sec. 32.2(k)) while in the field.
12. You may take migratory birds with shotguns shooting only
approved nontoxic shot.
13. Hunters must remove all decoys, blind material (see Sec. 27.93
of this chapter), and harvested waterfowl from the area no later than 1
p.m. each day.
14. We allow goose, duck, merganser, and coot hunting from [frac12]
hour before legal sunrise until 12 p.m. (noon). We allow entry into the
refuge at 4 a.m.
15. There is no early teal season.
16. We allow hunting of snow geese during the Light Goose
Conservation order seasons by Special Use Permit.
17. Waterfowl hunting in Unit 1 will be on Monday, Tuesday, and
Wednesday. Waterfowl hunting in Unit 2 will be Friday, Saturday, and
Sunday (see refuge brochure for details).
18. We reserve the last weekend of December for youth waterfowl
hunting. One adult hunter age 21 or older, who we also allow to hunt,
must accompany each youth hunter age 15 and under.
B. Upland Game Hunting. We allow hunting of squirrel, rabbit,
quail, and raccoon on designated areas of the refuge in accordance with
State regulations subject to the following conditions:
1. Conditions A1 through A10 apply.
2. We allow shotguns with only approved nontoxic shot (see
Sec. 32.2(k)), and .22 and .17 caliber rimfire rifles for taking small
game.
3. We allow dogs for hunting squirrel and quail and for the
February rabbit hunt.
4. During the rabbit and quail hunts, any person hunting or
accompanying another person hunting must wear at least 500 square
inches (3,250 cm\2\) of unbroken, fluorescent-orange material visible
above the waistline as an outer garment.
5. Beginning the first day after the last limited draw deer hunt
until March 1, we restrict all entry into the lower twist area.
6. With exception for raccoon hunting, we limit refuge ingress and
egress to the period of 4 a.m. to 1[frac12] hours after legal sunset.
7. We prohibit horses and mules.
C. Big Game Hunting. We allow hunting of white-tailed deer and
turkey on designated areas of the refuge in accordance with State
regulations subject to the following conditions:
1. Conditions A1 through A7, A9, A10, B5, and B7 apply.
2. We allow shotguns shooting only approved nontoxic shot (see
Sec. 32.2(k)) and archery equipment for turkey hunting.
3. You must immediately tag all deer harvested prior to moving it
during limited hunts; we provide the tags.
4. During all gun and muzzleloader deer hunts all participants must
wear at least 500 square inches (3,250 cm\2\) of

[[Page 18425]]

unbroken, fluorescent-orange material visible above the waistline as an
outer garment while hunting and en route to and from hunting areas.
5. We prohibit organized drives for deer.
6. Hunting or shooting within or adjacent to open fields or tree
plantations less than 5 feet (1.5 m) in height must be from a stand a
minimum of 10 feet (3 m) above the ground.
7. We prohibit hunting or shooting into a 100-foot (30-m) zone
along either side of pipelines, power line rights-of-way, designated
roads, trails, or around parking lots (see refuge brochure map). We
consider it hunting if you occupy a stand or blind or have an arrow
nocked in a bow.
8. We designate deer check station dates, locations, and
requirements in the refuge brochure.
9. We allow hunters to possess and hunt from only one stand or
blind. Complex Headquarters will use a specific method to identify
stands and blinds. We prohibit the use of climbing spikes or hunting
from a tree into which hunters have screwed or driven metal objects.
Hunters may place a deer stand or blind 48 hours prior to a hunt and
must remove it within 48 hours after each designated hunt. Hunters may
place turkey blinds the day of the hunt and remove them after each
day's hunt.
10. During designated muzzleloader hunts, we allow archery
equipment and muzzleloaders loaded with a single ball.
11. The limited draw hunts require a Limited Hunt Permit assigned
by random computer drawing. At the end of the hunt you must return the
permit with information concerning your hunt. If you fail to return
this permit, you will not be eligible for any limited hunts the next
year. Contact refuge headquarters for specific requirements, hunts, and
application dates.
12. Hunts and hunt dates are available at the refuge headquarters
in July, and we post them in the refuge brochure.
13. We prohibit all other public use on the refuge during all
limited draw hunts.
D. Sport Fishing. We allow fishing on designated areas of the
refuge in accordance with State regulations subject to the following
conditions:
1. We close all refuge waters during all limited draw hunts.
2. We open waters between the East and West levee, the Landside
Ditch, and the portion of Panther Creek adjacent to the West Levee
year-round except during limited draw hunts.
3. We open all other refuge waters March 1 through November 15.
4. We prohibit trot lines, limb lines, jugs, seines, and traps.
5. We allow frogging during the State bullfrog season.
6. With the exception for frogging during the State season, refuge
ingress and egress for fishing is limited to the period of 4 a.m. to
1[frac12] hours after legal sunset.
7. Conditions A1 through A7 and A10 apply.
* * * * *

Yazoo National Wildlife Refuge

A. Migratory Game Bird Hunting. We allow hunting of duck, goose,
merganser, coot, and dove on the refuge in accordance with State
regulations subject to the following conditions:
1. Youth hunters age 15 and under must possess and carry a hunter
safety course card or certificate. Each youth hunter must remain within
sight and normal voice contact of an adult age 21 or older. Each
hunters age 16 and older must possess and carry a valid signed refuge
Public Use Permit certifying that he or she understands and will comply
with all regulations. One adult may supervise no more than one youth
hunter.
2. Before hunting or fishing, all participants must display their
User Information Card in plain view on the dashboard of their vehicle
so that the Permit Number is readable.
3. Failure to display the User Information Card will result in the
loss of the participant's annual refuge Public Use Permit.
4. We prohibit hunting or entry into areas designated as ``CLOSED''
(see refuge brochure map).
5. We prohibit possession of alcoholic beverages (see
Sec. 32.2(j)).
6. We prohibit use of plastic flagging tape.
7. You must park vehicles in such a manner as not to obstruct
roads, gates, turn rows, or firelanes (see Sec. 27.31(h) of this
chapter).
8. We are open for hunting during the State season except during
the muzzleloader deer hunt.
9. Valid permit holders may take the following furbearers in season
incidental to other refuge hunts with legal weapons used for that hunt:
raccoon, opossum, coyote, beaver, bobcat, and nutria.
10. You may possess only approved nontoxic shot (see Sec. 32.2(k))
while in the field.
11. You may take migratory birds with shotguns shooting only
approved nontoxic shot.
12. Hunters must remove all decoys, blind material (see Sec. 27.93
of this chapter), and harvested waterfowl from the area no later than 1
p.m. each day.
13 We allow goose, duck, merganser, and coot hunting from [frac12]
hour before legal sunrise until 12 p.m. (noon). We allow entry into the
refuge at 4 a.m.
14. There is no early teal season.
15. We allow hunting of snow geese during the Light Goose
Conservation Order seasons by Special Use Permit.
B. Upland Game Hunting. We allow hunting of squirrel, rabbit,
quail, and raccoon on designated areas of the refuge in accordance with
State regulations subject to the following conditions:
1. We allow hunting during the open State season except during
limited draw hunts.
2. Conditions A1 through A9 apply.
3. We allow shotguns with only approved nontoxic shot (see
Sec. 32.2(k)), and .22 and .17 caliber rimfire rifles for taking small
game.
4. We allow dogs for hunting squirrel and quail and for the
February rabbit hunt.
5. During the rabbit and quail hunts, any person hunting or
accompanying another person hunting must wear at least 500 square
inches (3,250 cm\2\) of unbroken, fluorescent-orange material visible
above the waistline as an outer garment.
6. With exception for raccoon hunting, refuge ingress and egress is
limited to the period of 4 a.m. to 1[frac12] hours after legal sunset.
7. We prohibit horses and mules.
8. We allow rabbit hunting on the Herron and Brown Tracts. Contact
refuge headquarters for hunt dates, maps, and additional information.
C. Big Game Hunting. We allow hunting of white-tailed deer and
turkey on designated areas of the refuge in accordance with State
regulations subject to the following conditions:
1. Conditions A1 through A7, A9, B6, and B7 apply.
2. We allow shotguns shooting only approved nontoxic shot (see
Sec. 32.2(k)) and archery equipment for turkey hunting.
3. You must immediately tag all deer harvested prior to moving it
during limited hunts; we provide the tags.
4. During all gun and muzzleloader deer hunts all participants must
wear at least 500 square inches (3,250 cm\2\) of unbroken, fluorescent-
orange material visible above the waistline as an outer garment while
hunting and en route to and from hunting areas.
5. We prohibit organized drives for deer.
6. Hunting or shooting within or adjacent to open fields or tree
plantations less than 5 feet (1.5 m) in height must be from a stand a
minimum of 10 feet (3 m) above the ground.

[[Page 18426]]

7. We prohibit hunting or shooting into a 100-foot (30-m) zone
along either side of pipelines, power line rights-of-way, designated
roads, trails, or around parking lots (see refuge brochure map). We
consider it hunting if you occupy a stand or blind or have an arrow
nocked in a bow.
8. We designate deer check station dates, locations, and
requirements in the refuge brochure.
9. We allow hunters to possess and hunt from only one stand or
blind. Complex Headquarters will use a specific method to identify
stands and blinds. We prohibit the use of climbing spikes or hunting
from a tree into which hunters have screwed or driven metal objects.
Hunters may place a deer stand or blind 48 hours prior to a hunt and
must remove it within 48 hours after each designated hunt. Hunters may
place turkey blinds the day of the hunt and remove them after each
day's hunt.
10. During designated muzzleloader hunts, we allow archery
equipment and muzzleloaders loaded with a single ball.
11. Hunts and hunt dates are available at the refuge headquarters
in July, and we post them in the refuge brochure.
12. We prohibit all other public use on the refuge during all
limited draw hunts.
13. We allow archery deer hunting on the Herron and Brown Tracts.
Contact refuge headquarters for hunt dates, maps, and additional
information.
D. Sport Fishing. [Reserved]
0
6. Amend Sec. 32.60 South Carolina by revising paragraphs A.2., A.4.,
A.6., A.10., B., C.15., C.16., C.19., and D. of Waccamaw National
Wildlife Refuge to read as follows:

Sec. 32.60 South Carolina.

* * * * *

Waccamaw National Wildlife Refuge

A. Migratory Game Bird Hunting. * * *
* * * * *
2. An adult at least age 21 must supervise all youth hunters age 15
and under. Youth hunters must have successfully completed a State-
approved hunter education course.
* * * * *
4. We allow scouting Monday through Friday during the waterfowl
season. Anyone scouting may not use a firearm and must be off the
refuge by 2 p.m.
* * * * *
6. We prohibit permanent blinds (see Sec. 27.93 of this chapter).
Hunters must remove portable blinds and decoys at the end of each day's
hunt.
* * * * *
10. We prohibit hunting on any unit for wildlife species not
officially opened to hunting or entering any areas posted as ``Closed''
or ``No Hunting Zones.''
B. Upland Game Hunting. We allow hunting of gray squirrel, raccoon,
and opossum on designated areas of the refuge in accordance with State
regulations subject to the following conditions:
1. Conditions A1, A2, A9, and A10 apply.
2. We allow hunting only on days designated annually by the refuge
within the State season. We allow upland game hunting only on
designated refuge areas within Refuge Unit 1.
3. We require nontoxic shot in shotguns when hunting. We allow .22-
caliber rimfire rifles.
C. Big Game Hunting. * * *
* * * * *
15. We allow hunters to use flagging to mark the site of hunter
entry from roads or trails and again at the stand site. We allow
hunters to use clothes pins with reflective tape between entry and
stand sites to mark the route to the stand. Hunters must label all such
markers with their full name and remove them at the end of the hunt.
16. We require hunters to wear an outer garment visible above the
waist that contains a minimum of 500 square inches (3,250 cm\2\) of
solid, fluorescent-orange material at all times during big game hunts
except for wild turkey.
* * * * *
19. We limit turkey hunts to annual quota hunts. We will select
hunters by a random drawing. The selected hunters must possess signed
Refuge Turkey Hunt Permits at all times during the hunt.
* * * * *
D. Sport Fishing. We allow fishing in accordance with State
regulations.
0
7. Amend Sec. 32.61 South Dakota by adding Lake Andes National Wildlife
Refuge in alphabetical order to read as follows:

Sec. 32.61 South Dakota.

* * * * *

Lake Andes National Wildlife Refuge

A. Migratory Game Bird Hunting. We allow migratory game bird
hunting on designated areas of the refuge in accordance with State
regulations.
B. Upland Game Hunting. We allow upland game hunting on designated
areas of the refuge in accordance with State regulations.
C. Big Game Hunting. We allow big game hunting on designated areas
of the refuge in accordance with State regulations.
D. Sport Fishing. [Reserved]
* * * * *
0
8. Amend Sec. 32.67 Washington by:
0
a. Adding paragraph A. of Nisqually National Wildlife Refuge; and
0
b. Adding Turnbull National Wildlife Refuge in alphabetical order to
read as follows:

Sec. 32.67 Washington.

* * * * *

Nisqually National Wildlife Refuge

A. Migratory Game Bird Hunting. We allow hunting of goose, duck,
and coot on designated areas of the refuge in accordance with State
regulations subject to the following conditions:
1. We allow hunters to possess and carry no more than 25 approved
nontoxic shells while hunting in the field (see Sec. 32.2(k)).
2. Hunters may access the hunt areas by boat only. The maximum
speed limit is 5 miles per hour for boats in all refuge waters.
* * * * *

Turnbull National Wildlife Refuge

A. Migratory Game Bird Hunting. We allow hunting of duck, goose,
and coot within 50 yards (45 m) of hunting sites designated by the
refuge manager on the north side of Upper Turnbull Slough in accordance
with State regulations subject to the following conditions:
1. We only allow waterfowl (duck, goose, coot) hunting during the
State's Youth Migratory Bird Hunt.
2. We prohibit the use of motorized boats.
3. We prohibit the construction or use of permanent blinds, pit
blinds, stands, or scaffolds (see Sec. 27.93 of this chapter).
4. We only allow authorized vehicles on designated routes of travel
and require hunters to park in designated parking area (see
Sec. 27.31(h) of this chapter). We prohibit ATVs and ORVs.
5. Hunters may possess and carry no more than 25 nontoxic
shotshells per hunter per day while in the field (see Sec. 32.2(k)).
6. We prohibit shooting or discharging any firearm from, across, or
along a public highway, designated route of travel, road, road
shoulder, road embankment, or designated parking area.
7. We allow hunter access from 2 hours before legal sunrise until 1
hour after legal sunset.
8. Hunters must possess a nontransferable refuge special access
permit that names hunters, their hunt partners, and accompanying adult.
B. Upland Game Hunting. [Reserved]
C. Big Game Hunting. We allow hunting of elk on designated areas of
the

[[Page 18427]]

refuge in accordance with State regulations subject to the following
conditions:
1. We conduct the refuge hunt by State permit only. We require
hunters to possess and carry current Washington State elk licenses,
valid for the refuge hunt unit, and a refuge special access permit.
2. We allow only authorized vehicles on designated routes of travel
and require hunters to park in designated parking areas (see
Sec. 27.31(h) of this chapter). We prohibit ATVs and ORVs.
3. We allow hunter access from 2 hours before legal sunrise until 5
hours after legal sunset. Hunters needing additional time for retrieval
must notify refuge staff or a State fish and wildlife officer.
4. We prohibit possession of a bow with the arrow nocked within any
safety zone or Closed Area.
5. Safety zones of 500 feet (150 m) are in effect around existing
structures. We prohibit shooting from or into any safety zone or Closed
Area.
6. One person may assist hunters only during elk retrieval. We
require this person to remain with the hunter at all times during
retrieval. We require all hunters/helpers to possess a nontransferable
refuge special access permit.
7. Refuge staff or a State Fish and Wildlife Officer must accompany
hunters during retrieval of a wounded elk that moves outside the hunt
unit in Closed Areas.
8. Hunters must use nontoxic ammunition or remove or bury the
visceral remains of harvested animals.
D. Sport Fishing. [Reserved]
* * * * *

Dated: April 1, 2010.
Thomas L. Strickland,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 2010-8307 Filed 4-9-10; 8:45 am]
BILLING CODE 4310-55-S