[Federal Register Volume 76, Number 128 (Tuesday, July 5, 2011)] [Proposed Rules] [Pages 39186-39219] From the Federal Register Online via the Government Printing Office [www.gpo.gov] [FR Doc No: 2011-15970] [[Page 39185]] Vol. 76 Tuesday, No. 128 July 5, 2011 Part III Department of the Interior ----------------------------------------------------------------------- Fish and Wildlife Service ----------------------------------------------------------------------- 50 CFR Part 32 2011-2012 Refuge-Specific Hunting and Sport Fishing Regulations; Proposed Rule Federal Register / Vol. 76 , No. 128 / Tuesday, July 5, 2011 / Proposed Rules [[Page 39186]] ----------------------------------------------------------------------- DEPARTMENT OF THE INTERIOR Fish and Wildlife Service 50 CFR Part 32 [Docket No. FWS-R9-NSR-2011-0038; 93270-1265-0000-4A] RIN 1018-AX54 2011-2012 Refuge-Specific Hunting and Sport Fishing Regulations AGENCY: Fish and Wildlife Service, Interior. ACTION: Proposed rule. ----------------------------------------------------------------------- SUMMARY: The Fish and Wildlife Service proposes to add one refuge to the list of areas open for hunting and/or sport fishing and increase the activities available at nine other refuges, along with pertinent refuge-specific regulations on other refuges that pertain to migratory game bird hunting, upland game hunting, big game hunting, and sport fishing for the 2011-2012 season. DATES: We will accept comments received or postmarked on or before August 4, 2011. ADDRESSES: You may submit comments by one of the following methods:Electronically: Go to the Federal eRulemaking Portal: http://www.regulations.gov. In the Enter Keyword or ID box, enter Docket No. FWS-R9-NSR-2011-0038, which is the docket number for this rulemaking. Then, click on the Search button. On the resulting screen, find the correct document and submit a comment by clicking on ``Submit a Comment.'' By hard copy: Submit by U.S. mail or hand delivery: Public Comments Processing, Attn: FWS-R9-NSR-2011-0038; Division of Policy and Directives Management; U.S. Fish and Wildlife Service; 4401 N. Fairfax Drive, MS 2042-PDM; Arlington, VA 22203. We will not accept e-mail or faxes. We will post all comments on http://www.regulations.gov. This generally means that we will post any personal information you provide us (see the Request for Comments section below for more information). For information on specific refuges' public use programs and the conditions that apply to them or for copies of compatibility determinations for any refuge(s), contact individual programs at the addresses/phone numbers given in ``Available Information for Specific Refuges'' under SUPPLEMENTARY INFORMATION FOR FURTHER INFORMATION CONTACT: Leslie A. Marler, (703) 358-2397. 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 proposing to standardize and clarify the language of existing regulations. Statutory Authority The National Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 668dd-668ee, as amended by the National Wildlife Refuge System Improvement Act of 1997 [Improvement Act]) (Administration Act), and the Refuge Recreation Act of 1962 (16 U.S.C. 460k-460k-4) (Recreation Act) govern the administration and public use of refuges. Amendments enacted by the Improvement Act, built upon the Administration Act in a manner that provides an ``organic act'' for the Refuge System, 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 [[Page 39187]] the primary purpose(s) for which Congress and the Service established the areas. The Recreation Act requires that any recreational use of refuge lands be compatible with the primary purpose(s) for which we established the refuge and not inconsistent with other previously authorized operations. The Administration Act and Recreation Act also authorize the Secretary to issue regulations to carry out the purposes of the Acts and regulate uses. We develop specific management plans for each refuge prior to opening it to hunting or sport fishing. In many cases, we develop refuge-specific regulations to ensure the compatibility of the programs with the purpose(s) for which we established the refuge and the Refuge System mission. We ensure initial compliance with the Administration Act and the Recreation Act for hunting and sport fishing on newly acquired refuges through an interim determination of compatibility made at or near the time of acquisition. These regulations ensure that we make the determinations required by these acts prior to adding refuges to the lists of areas open to hunting and sport fishing in 50 CFR part 32. We ensure continued compliance by the development of comprehensive conservation plans, specific plans, and by annual review of hunting and sport fishing programs and regulations. Amendments to Existing Regulations This document proposes to codify 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, 28, and 32 to assist hunting and sport fishing visitors with understanding safety and other legal requirements on refuges. The redundancy is deliberate, with the intention of improving safety and compliance in our hunting and sport fishing programs. Table 1--Changes for 2011-2012 Hunting/Fishing Season ---------------------------------------------------------------------------------------------------------------- Migratory bird Upland game National wildlife refuge State hunting hunting Big game hunting Fishing ---------------------------------------------------------------------------------------------------------------- Arapaho...................... CO....... Already open.... Already open.... D (elk)......... Already open. Bayou Sauvage................ LA....... B............... Closed.......... Closed.......... Already open. Coldwater River.............. MS....... B............... B............... B............... Already open. Crane Meadows................ MN....... Closed.......... Closed.......... A (deer/turkey). Closed. Currituck.................... NC....... Already open.... Closed.......... B............... Closed. Minnesota Valley............. MN....... C............... C............... C............... Already open. Northern Tallgrass Prairie... MN/IA.... C/D............. C/D............. C............... Closed. Ouray........................ UT....... Already open.... D (turkey)...... D (elk)......... Already open. Sherburne.................... MN....... C............... Already open.... D (turkey)/C.... Already open. Trinity River................ TX....... Already open.... C............... C............... Already open. ---------------------------------------------------------------------------------------------------------------- A = New refuge opened. B = New activity on a refuge previously opened to other activities. C = Refuge already open to activity but added new land/waters which increased activity. D = Refuge already open to activity but added new species to hunt. We are making an administrative change that correctly reflects that Trempealeau National Wildlife Refuge in the State of Wisconsin is closed to Upland Game Hunting. The refuge has never been open to that activity, and we are correcting the record with this change. We are also adding Tishomingo Wildlife Management Unit in the State of Oklahoma to the list of refuges open to hunting and or fishing in 50 CFR part 32. We now correctly reflect how Tishomingo National Wildlife Refuge's (an overlay refuge where the land is owned by the U.S. Army Corps of Engineers) hunting opportunities differ from those of the Tishomingo Wildlife Management Unit. The Tishomingo National Wildlife Refuge, managed by refuge staff, is open only to big game hunting and sport fishing. The Tishomingo Wildlife Management Unit, managed by the Oklahoma Wildlife Conservation Department under a 1957 agreement entered into between the U.S. Army Corps of Engineers and the Secretary of the Interior, is open to all three hunting opportunities (migratory game bird, upland game, and big game) and sport fishing. The changes for the 2011-12 hunting/fishing season noted in the chart above are each based on a complete administrative record which, among other detailed documentation, also includes a hunt plan, a compatibility determination, and the appropriate National Environmental Policy Act (NEPA; 42 U.S.C. 4321 et seq.) analysis, all of which were the subject of a public review and comment process. These documents are available upon request. 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/waterscience/fish/. Plain Language Mandate In this proposed rule we made some of the revisions to the individual refuge units to comply with a Presidential mandate to use plain language in regulations; as such, these particular revisions do not modify the substance of the previous regulations. These types of changes include using ``you'' to refer to the reader and ``we'' to refer to the Refuge System, using the word ``allow'' instead of ``permit'' when we do not require the use of a permit for an activity, and using active voice (i.e., ``We restrict entry into the refuge'' vs. ``Entry into the refuge is restricted''). Request for Comments You may submit comment and materials on this proposed rule by any one of the methods listed in the ADDRESSES section. We will not accept comments sent by e-mail or fax or to an address not listed in the ADDRESSES section. We will not consider hand-delivered comments that we do not receive, or mailed comments that are [[Page 39188]] not postmarked, by the date specified in the DATES section. We will post your entire comment on http://www.regulations.gov. Before including personal identifying information in your comment, you should be aware that your entire comment--including your personal identifying information--may be made publicly available at any time. While you can ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so. We will post all hardcopy comments on http://www.regulations.gov. Public Comment Department of the Interior policy is, whenever practicable, to afford the public a meaningful opportunity to participate in the rulemaking process. The process of opening refuges is done in stages, with the fundamental work being performed on the ground at the refuge and in the community where the program is administered. In these stages, the public is given other opportunities to comment, for example, on the comprehensive conservation plans and the compatibility determinations. The second stage is this document, when we publish the proposed rule in the Federal Register for additional comment, commonly for a 30-day comment period. There is nothing contained in this annual regulation outside the scope of the annual review process where we determine whether individual refuges need modifications, deletions, or additions made to them. We make every attempt to collect all of the proposals from the refuges nationwide and process them expeditiously to maximize the time available for public review. We believe that a 30-day comment period, through the broader publication following the earlier public involvement, gives the public sufficient time to comment and allows us to establish hunting and fishing programs in time for the upcoming seasons. Many of these rules also relieve restrictions and allow the public to participate in recreational activities on a number of refuges. In addition, in order to continue to provide for previously authorized hunting opportunities while at the same time providing for adequate resource protection, we must be timely in providing modifications to certain hunting programs on some refuges. We considered providing a 60-day, rather than a 30-day, comment period. However, we determined that an additional 30-day delay in processing these refuge-specific hunting and sport fishing regulations would hinder the effective planning and administration of our hunting and sport fishing programs. Such a delay would jeopardize enacting amendments to hunting and sport fishing programs in time for implementation this year and/or early next year, or shorten the duration of these programs. Even after issuance of a final rule, we accept comments, suggestions, and concerns for consideration for any appropriate subsequent rulemaking. When finalized, we will incorporate these regulations into 50 CFR part 32. Part 32 contains general provisions and refuge-specific regulations for hunting and sport fishing on refuges. Clarity of This Rule We are required by Executive Orders 12866 and 12988 and by the Presidential Memorandum of June 1, 1998, to write all rules in plain language. This means that each rule we publish must: (a) Be logically organized; (b) Use the active voice to address readers directly; (c) Use clear language rather than jargon; (d) Be divided into short sections and sentences; and (e) Use lists and tables wherever possible. If you feel that we have not met these requirements, send us comments by one of the methods listed in the ADDRESSES section. To better help us revise the rule, your comments should be as specific as possible. For example, you should tell us the numbers of the sections or paragraphs that are unclearly written, which sections or sentences are too long, the sections where you feel lists or tables would be useful, etc. 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 proposed rule adds one national wildlife refuge to the list of refuges open to hunting and increases hunting activities on nine national wildlife refuges. As a result, visitor use for wildlife- dependent recreation on these national wildlife refuges will change. If the refuges establishing new programs were a pure addition to the current supply of such activities, it would mean an estimated increase of 4,750 user days (one person per day participating in a recreational opportunity) (Table 2). Because the participation trend is flat in these 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 39189]] Table 2--Estimated Change in Recreation Opportunities in 2011/2012 ------------------------------------------------------------------------ Additional Additional Refuge days expenditures ------------------------------------------------------------------------ Arapaho................................. 40 $4,337 Bayou Sauvage........................... 672 72,865 Coldwater River......................... 400 43,372 Crane Meadows........................... 55 5,964 Currituck............................... 400 43,372 Minnesota Valley........................ 2,818 305,555 Northern Tallgrass Prairie.............. 75 8,132 Ouray................................... 100 10,843 Sherburne............................... 50 5,421 Trinity River........................... 140 15,180 ------------------------------- Total............................... 4,750 515,041 ------------------------------------------------------------------------ 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 $515,000 in recreation-related expenditures (Table 2). By having ripple effects throughout the economy, these direct expenditures are only part of the economic impact of these recreational activities. 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 $1.4 million (2010 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 $1.4 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 about $275,000 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 $515,000 to be spent in total in the refuges' local economies. The maximum increase ($1.4 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 2011/2012 [Thousands, 2010 dollars] -------------------------------------------------------------------------------------------------------------------------------------------------------- Estimated Retail trade in maximum Addition as % Establishments Establ. with < Refuge/county(ies) 2007 (2010 $) addition from of total in 2008 10 emp in 2008 new activities -------------------------------------------------------------------------------------------------------------------------------------------------------- Arapaho: Jackson, CO.................................................... $23,099 $4.3 0.019 13 10 Bayou Sauvage: Orleans Parish, LA............................................. 3,241,340 72.9 0.002 1,201 983 Coldwater River: Tallahatchie, MS............................................... 67,735 21.7 0.032 40 34 Quitman, MS.................................................... 29,478 21.7 0.074 21 18 Crane Meadows: Morrison, MN................................................... 430,771 6.0 0.001 135 94 Currituck: Currituck, NC.................................................. 314,767 43.4 0.014 142 118 Minnesota Valley: Hennepin, MN................................................... 26,568,279 76.4 0 4,295 2,670 Carver, MN..................................................... 962,544 76.4 0.008 223 143 Scott, MN...................................................... 1,394,907 76.4 0.005 349 234 Dakota, MN..................................................... 6,158,226 76.4 0.001 1,169 717 Northern Tallgrass Prairie: Jasper, IA..................................................... 326,707 1.2 0 120 79 [[Page 39190]] Kossuth, IA.................................................... 233,531 1.2 0 99 78 Lincoln, MN.................................................... 63,331 1.2 0.002 37 27 Lyon, MN....................................................... 451,824 1.2 0 134 96 Otter Tail, MN................................................. 840,187 1.2 0 277 204 Rock, MN....................................................... 130,128 1.2 0.001 47 33 Stevens, MN.................................................... 202,798 1.2 0.001 53 34 Ouray: Unitah, UT..................................................... 550,293 10.8 0.002 137 85 Sherburne: Sherburne, MN.................................................. 1,006,876 5.4 0.001 207 134 Trinity River: Liberty, TX.................................................... 778,776 15.2 0.002 200 143 -------------------------------------------------------------------------------------------------------------------------------------------------------- With the small change in overall spending anticipated from this proposed 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 proposed rule will not have a significant economic effect on a substantial number of small entities as defined under the Regulatory Flexibility Act (5 U.S.C. 601 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 proposed rule is not a major rule under 5 U.S.C. 804(2), the Small Business Regulatory Enforcement Fairness Act. We anticipate no significant employment or small business effects. This rule: a. Would not have an annual effect on the economy of $100 million or more. The minimal impact would be scattered across the country and would most likely not be significant in any local area. b. Would not cause a major increase in costs or prices for consumers; individual industries; Federal, State, or local government agencies; or geographic regions. This proposed rule would have only a slight effect on the costs of hunting opportunities for Americans. If the substitute sites are farther from the participants' residences, then an increase in travel costs would 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 would be small. We do not expect this proposed rule to affect the supply or demand for hunting opportunities in the United States and, therefore, it should not affect prices for hunting equipment and supplies, or the retailers that sell equipment. c. Would not have significant adverse effects on competition, employment, investment, productivity, innovation, or the ability of United States-based enterprises to compete with foreign-based enterprises. This proposed rule represents only a small proportion of recreational spending at national wildlife refuges. Therefore, this rule would have no measurable economic effect on the wildlife-dependent industry, which has annual sales of equipment and travel expenditures of $72 billion nationwide. Unfunded Mandates Reform Act Since this proposed rule would apply to public use of federally owned and managed refuges, it would not impose an unfunded mandate on State, local, or Tribal governments or the private sector of more than $100 million per year. The rule would not have a significant or unique effect on State, local, or Tribal governments or the private sector. A statement containing the information required by the Unfunded Mandates Reform Act (2 U.S.C. 1531 et seq.) is not required. Takings (E.O. 12630) In accordance with E.O. 12630, this proposed rule would not have significant takings implications. This regulation would affect only visitors at national wildlife refuges and describe what they can do while they are on a refuge. Federalism (E.O. 13132) As discussed in the Regulatory Planning and Review and Unfunded Mandates Reform Act sections above, this proposed rule would not have sufficient Federalism implications to warrant the preparation of a Federalism Assessment under E.O. 13132. In preparing this proposed rule, we worked with State governments. Civil Justice Reform (E.O. 12988) In accordance with E.O. 12988, the Office of the Solicitor has determined that the proposed rule would not unduly burden the judicial system and that it meets the requirements of sections 3(a) and 3(b)(2) of the Order. The regulation would clarify established regulations and result in better understanding of the regulations by refuge visitors. Energy Supply, Distribution or Use (E.O. 13211) On May 18, 2001, the President issued E.O. 13211 on regulations that significantly affect energy supply, distribution, and use. E.O. 13211 requires agencies to prepare Statements of Energy Effects when undertaking certain actions. Because this proposed rule would increase activities at nine refuges and open one new refuge, 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 [[Page 39191]] 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 of 1973, as amended (16 U.S.C. 1531 et seq.), 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. We have completed section 7 consultation on each of the affected refuges. National Environmental Policy Act We analyzed this proposed rule in accordance with the criteria of the National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4332(C)), 43 CFR part 46, and 516 Departmental Manual (DM) 8. A categorical exclusion from NEPA documentation applies to publication of proposed amendments to refuge-specific hunting and fishing regulations since they are technical and procedural in nature, and the environmental effects are too broad, speculative, or conjectural to lend themselves to meaningful analysis (43 CFR 46.210 and 516 DM 8). Concerning the actions that are the subject of this proposed rulemaking, we have complied with NEPA at the project level when developing 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). 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 have information about public use programs and conditions that apply to their specific programs and maps of their respective areas. To find out how to contact a specific refuge, contact the appropriate Regional office 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, OR 97232-4181; Telephone (503) 231-6214. Region 2--Arizona, New Mexico, Oklahoma, and Texas. Regional Chief, National Wildlife Refuge System, U.S. Fish and Wildlife Service, Box 1306, 500 Gold Avenue, Albuquerque, NM 87103; Telephone (505) 248-7419. Region 3--Illinois, Indiana, Iowa, Michigan, Minnesota, Missouri, Ohio, and Wisconsin. Regional Chief, National Wildlife Refuge System, U.S. Fish and Wildlife Service, 1 Federal Drive, Federal Building, Fort Snelling, Twin Cities, MN 55111; Telephone (612) 713-5401. Crane Meadows National Wildlife Refuge, 19502 Iris Road, Little Falls, MN 56345; Telephone (320) 632-1575. 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, GA 30345; Telephone (404) 679-7166. Region 5--Connecticut, Delaware, District of Columbia, Maine, Maryland, Massachusetts, New Hampshire, New Jersey, New York, Pennsylvania, Rhode Island, Vermont, Virginia, and West Virginia. Regional Chief, National Wildlife Refuge System, U.S. Fish and Wildlife Service, 300 Westgate Center Drive, Hadley, MA 01035-9589; Telephone (413) 253-8306. Region 6--Colorado, Kansas, Montana, Nebraska, North Dakota, South Dakota, Utah, and Wyoming. Regional Chief, National Wildlife Refuge System, U.S. Fish and Wildlife Service, 134 Union Blvd., Lakewood, CO 80228; Telephone (303) 236-8145. Region 7--Alaska. Regional Chief, National Wildlife Refuge System, U.S. Fish and Wildlife Service, 1011 E. Tudor Rd., Anchorage, AK 99503; Telephone (907) 786-3545. Region 8--California and Nevada. Regional Chief, National Wildlife Refuge System, U.S. Fish and Wildlife Service, 2800 Cottage Way, Room W-2606, Sacramento, CA 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. For the reasons set forth in the preamble, we propose to amend title 50, chapter I, subchapter C of the Code of Federal Regulations as follows: PART 32--[AMENDED] 1. The authority citation for part 32 continues to read as follows: Authority: 5 U.S.C. 301; 16 U.S.C. 460k, 664, 668dd-668ee, and 715i. Sec. 32.7 [Amended] 2. Amend Sec. 32.7 by: a. Adding, in alphabetical order, ``Crane Meadows National Wildlife Refuge'' in the State of Minnesota; b. Revising the entry for ``Coldwater National Wildlife Refuge'' to read ``Coldwater River National Wildlife Refuge'' in the State of Mississippi; c. Adding, in alphabetical order, ``Tishomingo Wildlife Management Unit'' in the State of Oklahoma; and d. Removing the entry for ``Pettaquamscutt Cove National Wildlife Refuge'' and adding in alphabetical order an entry for ``John H. Chafee National Wildlife Refuge'' in the State of Rhode Island. 3. Amend Sec. 32.20 by: a. Revising paragraph B.8. under Choctaw National Wildlife Refuge; and b. Revising Eufaula National Wildlife Refuge to read as follows: [[Page 39192]] Sec. 32.20 Alabama. * * * * * Choctaw National Wildlife Refuge * * * * * B. * * * 8. A hunter may only possess approved nontoxic shot (see Sec. 32.2(k). We restrict hunting weapons to shotguns with shot size no larger than No. 6 or rifles no larger than .22 standard rimfire or legal archery equipment. * * * * * Eufaula National Wildlife Refuge A. Migratory Game Bird Hunting. We allow hunting of mourning dove and Eurasian-collared dove, duck, and goose on designated areas of the refuge in accordance with State regulations subject to the following conditions: 1. You must possess and carry a signed refuge hunt permit (signed brochure) when hunting. 2. You may possess only approved nontoxic shotshells when hunting (see Sec. 32.2(k)). 3. All youth hunters (age 15 and under) must remain within sight and normal voice contact of a properly licensed hunting adult age 21 or older. Youth hunters must possess and carry verification of passing a State-approved hunter education course. One adult may supervise no more than two youth hunters. 4. We allow duck and goose hunting in the Bradley and Kennedy units only by special permit (Waterfowl Lottery Application, FWS Form 3-2355) on/during selected days/times, during the State seasons. We close all other portions of the refuge to waterfowl hunting. 5. All waterfowl hunting opportunities are spaced-blind and assigned by lottery. Hunters wishing to participate in our waterfowl hunt must submit a Waterfowl Lottery Application (FWS Form 3-2355). Consult refuge brochure for details. 6. We limit the number of shotshells a hunter may possess to 25. 7. We prohibit damaging trees or other vegetation (see Sec. Sec. 27.51 and 32.2(i) of this chapter). 8. Hunters must remove all stands/blinds at the end of each day's hunt (see Sec. 27.93 of this chapter). 9. We allow access to the refuge for hunting from \1/2\ hours before legal sunrise to 1\1/2\ hours after legal sunset. 10. We prohibit hunting by aid of or distribution of any feed, salt, other mineral, or electronic device, including game cameras (see Sec. 32.2(h) and Sec. 27.93 of this chapter). 11. We prohibit participation in organized drives. 12. We prohibit the use of horses, mules, or other livestock. 13. We require tree stand users to use a safety belt. 14. We prohibit the use of motorized watercraft in all refuge waters not directly connected to Lake Eufaula. 15. We prohibit the use of all air-thrust boats, including aircraft. B. Upland Game Hunting. We allow hunting of squirrel and rabbit on designated areas of the refuge in accordance with State regulations subject to the following conditions: 1. Conditions A1, A2, A3, and A6 through A15 apply. 2. We allow squirrel and rabbit hunting on selected areas and days during the State seasons. 3. We prohibit the use of dogs (see Sec. 26.21(b) of this chapter). 4. We allow only shotguns. 5. We prohibit the mooring or storing of boats from \1/2\ hours after legal sunset to 1\1/2\ hours before legal sunrise (see Sec. 27.93 of this chapter). C. Big Game Hunting. We allow hunting of white-tailed deer and feral hog on designated areas of the refuge in accordance with State regulations subject to the following conditions: 1. Conditions A1, A6 through A15, and B5 apply. 2. We allow youth (ages 10 through 15) gun deer hunting in the Bradley Unit only by special permit (information obtained from Big/ Upland Game Hunt Application, FWS Form 3-2356) during selected days/ times. 3. All youth gun hunting opportunities are spaced-blind and assigned by lottery. Hunters wishing to participate in our youth gun hunt must submit a Big/Upland Game Hunt Application (FWS Form 3-2356). Consult the refuge brochure for details. 4. All youth hunters must remain within sight and normal voice contact of a properly hunting-licensed adult age 21 or older. Youth hunters must possess and carry verification of passing a State-approved hunter education course. One adult may supervise no more than one youth hunter. 5. We allow both archery deer and archery feral hog hunting on selected areas and days during the State archery deer season. 6. We close those portions of the refuge between Bustahatchee and Rood Creeks to archery hunting until November 1. D. Sport Fishing. We allow fishing, including bowfishing, in designated areas of the refuge in accordance with State regulations subject to the following conditions: 1. Conditions A6, A15, and B5 apply. 2. We allow fishing on selected areas and days. 3. We allow shoreline access for fishing from \1/2\ hour before legal sunrise to \1/2\ hour after legal sunset. 4. We prohibit taking frog or turtle (see Sec. 27.21 of this chapter) on all refuge lands and waters. 5. We adopt reciprocal license agreements between Alabama and Georgia for fishing in Lake Eufaula. Anglers fishing in waters not directly connected to Lake Eufaula must be properly licensed for the State in which they are fishing. * * * * * 4. Amend Sec. 32.22 by revising paragraph D.6.i. under Havasu National Wildlife Refuge to read as follows: Sec. 32.22 Arizona. * * * * * Havasu National Wildlife Refuge * * * * * D. * * * 6. * * * i. We prohibit entry of all motorized watercraft in all three bays as indicated by signs or regulatory buoys. * * * * * 5. Amend Sec. 32.23 as follows: a. Under ``Bald Knob National Wildlife Refuge,'' revise paragraph A.22., add paragraph A.23., revise paragraph B.1., add paragraph B.12., and revise paragraphs C.1. and D.1. b. Under ``Big Lake National Wildlife Refuge,'' revise paragraph B.15., add paragraphs B.17. and B.18., and revise paragraphs C.1., D. introductory text, and D.1.; c. Under ``Cache River National Wildlife Refuge,'' add paragraphs A.22. and A.23., revise paragraph B.1., add paragraph B.12., and revise paragraphs C.1. and D.1.; d. Under ``Felsenthal National Wildlife Refuge,'' revise paragraphs B.4., C.5., C.6., and C.13.; e. Under ``Overflow National Wildlife Refuge, '' revise paragraph B.4.; f. Under ``Pond Creek National Wildlife Refuge,'' revise paragraph B.4.; g. Under ``Wapanocca National Wildlife Refuge,'' remove paragraph A.3., redesignate paragraphs A.4. through A.11. as paragraphs A.3. through A.10., revise newly redesignated paragraph A.10., add new paragraph A.11., revise paragraph B.1., add paragraph B.9, and revise paragraphs C.1. and D.1.; and h. Under ``White River National Wildlife Refuge,'' revise paragraph B.2., C.5., C.12., and C.19.. The additions and revisions read as follows: [[Page 39193]] Sec. 32.23 Arkansas. * * * * * Bald Knob National Wildlife Refuge A. * * * 22. We prohibit the possession or use of alcoholic beverages while hunting (see Sec. 32.2(j)) and open alcohol containers on refuge roads, ATV trails, boat ramps, and parking areas. 23. We prohibit loaded hunting firearms or muzzleloaders in or on a vehicle, ATV, or boat while under power (see Sec. 27.42(b) of this chapter). We define ``loaded'' as shells in the firearm or ignition device on the muzzleloader. B. * * * 1. Conditions A1, A5, A10 through A12, and A16 through A23 apply. * * * * * 12. We prohibit transportation, possession, or release of live hog on the refuge. C. * * * 1. Conditions A1, A5, A10 through A12, A16 through A23, and B8 through B12 apply. * * * * * D. * * * 1. Conditions A10, A18 through A23, B11, and C16 apply. * * * * * Big Lake National Wildlife Refuge * * * * * B. * * * 15. We prohibit the possession or use of alcoholic beverages while hunting (see Sec. 32.2(j)) or open alcohol containers on refuge roads, ATV trails, boat ramps, and parking areas. * * * * * 17. We prohibit loaded hunting firearms or muzzleloaders in or on a vehicle, ATV, or boat while under power (see Sec. 27.42(b) of this chapter). We define ``loaded'' as shells in the firearm or ignition device on the muzzleloader. 18. We prohibit transportation, possession, or release of live hog on the refuge. C. * * * 1. Conditions B1, B3 through B5, and B9 through B18 apply. * * * * * D. Sport Fishing. We allow fishing and frogging on designated areas of the refuge in accordance with State regulations subject to the following conditions: 1. Conditions B9 and B11 through B17 apply. * * * * * Cache River National Wildlife Refuge A. * * * 22. We prohibit the possession or use of alcoholic beverages while hunting (see Sec. 32.2(j)) or open alcohol containers on refuge roads, ATV trails, boat ramps, and parking areas. 23. We prohibit loaded hunting firearms or muzzleloaders in or on a vehicle, ATV, or boat while under power (see Sec. 27.42(b) of this chapter). We define ``loaded'' as shells in the firearm or ignition device on the muzzleloader. B. * * * 1. Conditions A1, A5, A9 through A11, and A15 through A23 apply. * * * * * 12. We prohibit transportation, possession, or release of live hog on the refuge. C. * * * 1. Conditions A1, A5, A9 through A11, A15 through A23, B6 through B9, B11, and B12 apply. * * * * * D. * * * 1. Conditions A9, A17, A19, A21 through A23, and B11 apply. * * * * * Felsenthal National Wildlife Refuge * * * * * B. * * * 4. We prohibit possession of lead ammunition except that you may possess rimfire rifle lead ammunition no larger than .22 caliber for upland game hunting. We prohibit possession of shot larger than that legal for waterfowl hunting. During the deer and turkey hunts, hunters may possess lead ammunition legal for taking deer and turkey. We prohibit buckshot for gun deer hunting. * * * * * C. * * * 5. We allow muzzleloader deer hunting during the October State Muzzleloader season for this deer management zone. The refuge will conduct one 4-day quota modern gun hunt for deer, typically in November. The refuge also may conduct one mobility-impaired hunt for deer typically in early November. * * * * * 6. The quota muzzleloader and modern gun deer hunt bag limit is two deer, one doe and one buck, or two does on each hunt, one antlered and one antlerless as defined by State law. See refuge brochure for specific bag limit information. * * * * * 13. The refuge will conduct no more than three quota permit spring turkey gun hunts and no more than two 3-day quota spring turkey hunts (typically in April). Specific hunt dates and application procedures will be available at the refuge office in January. We restrict hunt participants to those selected for a quota permit, except that one nonhunting adult age 21 or older possessing a valid hunting license must accompany the youth hunter age 15 and younger. * * * * * Overflow National Wildlife Refuge * * * * * B. * * * 4. When upland game hunting, we prohibit possession of lead ammunition except that you may possess rimfire rifle lead ammunition no larger than .22 caliber. We prohibit possession of shot larger than that legal for waterfowl hunting. During the deer and turkey hunts, we allow possession of lead ammunition legal for taking deer and turkey. We prohibit buckshot for gun deer hunting. * * * * * Pond Creek National Wildlife Refuge * * * * * B. * * * 4. We prohibit possession of lead ammunition when hunting except that you may possess rimfire rifle lead ammunition no larger than .22 caliber for upland game hunting. We prohibit possession of shot larger than that legal for waterfowl hunting. During the deer and turkey hunts, we allow possession of lead ammunition legal for taking deer and turkey. We prohibit buckshot for gun deer hunting. * * * * * Wapanocca National Wildlife Refuge A. * * * 10. We prohibit the possession or use of alcoholic beverages while hunting (see Sec. 32.2(j)) and open alcohol containers on refuge roads, ATV trails, boat ramps, and parking areas. 11. We prohibit loaded hunting firearms or muzzleloaders in or on a vehicle, ATV, or boat while under power (see Sec. 27.42(b) of this chapter). We define ``loaded'' as shells in the firearm or ignition device on the muzzleloader. B. * * * 1. Conditions A1 through A11 apply. * * * * * 9. We prohibit transportation, possession, or release of live hog on the refuge. C. * * * 1. Conditions A1 through A11, B4, and B6 through B9 apply. * * * * * D. * * * 1. Conditions A3, A5, A9 through A11, B6, and B7 apply. We allow fishing [[Page 39194]] from March 1 through October 31 from \1/2\ hour before legal sunrise to \1/2\ hour after legal sunrise. * * * * * White River National Wildlife Refuge * * * * * B. * * * 2. We allow hunting of rabbit and squirrel on the North Unit from September 1 until February 28. C. * * * 5. The gun deer hunt will begin in November and will continue for a period of 3 days of quota hunting in the North and South Units, and 4 days of nonquota hunting in the North and/or South Units with annual season dates, bag limits, and areas provided in the annual refuge user brochure/permit. * * * * * 12. We prohibit the placement or hunting with the aid of bait, salt, or ingestible attractant (see Sec. 32.2(h)). * * * * * 19. We prohibit firearms deer hunting on the Kansas Lake Area after October 30 and all other types of hunting after November 30. * * * * * 6. Amend Sec. 32.25 by revising ``Arapaho National Wildlife Refuge'' to read as follows: Sec. 32.25 Colorado. * * * * * Arapaho National Wildlife Refuge A. Migratory Game Bird Hunting. We allow hunting of migratory game birds on designated areas of the refuge in accordance with State regulations subject to the following conditions: 1. All migratory bird hunting closes annually on December 31. 2. We prohibit use of, or hunting over, bait (see Sec. 32.2(h)). 3. We allow use of only portable stands and blinds that the hunter must remove following each day's hunt (see Sec. 27.93 of this chapter). 4. Hunters must retrieve spent shotgun shells. 5. We prohibit hunting 200 feet (60 m) from any public use road, designated parking area, or designated public use facility located within the hunt area. B. Upland Game Hunting. We allow hunting of upland game on designated areas of the refuge in accordance with State regulations subject to the following conditions: 1. All upland game hunting closes annually on December 31. 2. You may possess only approved nontoxic shot while hunting (see Sec. 32.2(k)). 3. Conditions A2, A4, and A5 apply. C. Big Game Hunting. We allow hunting of antelope and elk on designated areas of the refuge in accordance with State regulations subject to the following conditions: 1. Conditions A2, A3, and A5 apply. 2. Hunters must use only firearms and ammunition allowed by State law for legal hunting of elk or antelope. 3. Hunters must follow State law for use of hunter orange. 4. Elk hunters: i. Must possess a refuge-specific license (State license) to hunt elk. ii. Must attend a scheduled prehunt information meeting prior to hunting. iii. Youth hunters must be age 12 by the hunt date but not yet age 18 at the time of the hunt application. iv. Disabled hunters must meet Colorado State Department of Wildlife (CDOW) criteria for, and be on the State's list of, hunters with disabilities. v. We will make selections via the CDOW hunt selection process. Hunters holding valid tags (controlled by the State) for the unit the refuge is located within may write requesting a special tag to hunt within the refuge. D. Sport Fishing. We allow fishing on designated areas of the refuge on the Illinois River in accordance with State regulations subject to the following conditions: 1. We prohibit fishing between June 1 and July 31 each year. 2. We allow fishing only from legal sunrise to legal sunset. 3. We prohibit ice fishing on the refuge (there is no specific date, but when the river freezes over, fishing closes). * * * * * 7. Amend Sec. 32.28 by: a. Revising paragraphs A.1. and A.4. through A.17., adding paragraph A.18., and revising paragraph D.8. under Arthur R. Marshall Loxahatchee National Wildlife Refuge; b. Revising paragraph A. and D.1., and adding paragraph D.17. of Merritt Island National Wildlife Refuge; c. Adding paragraph A.4. and revising paragraphs B.4. and D.10. under St. Marks National Wildlife Refuge; d. Revising paragraphs C.2. and C.8., removing paragraph C.9., redesignating paragraphs C.10. through C.22. as paragraphs C.9. through C.21., and revising newly redesignated paragraphs C.9. and C.15. under St. Vincent National Wildlife Refuge; and e. Revising paragraphs A.2., A.3., A.5., A.6., A.9., A.10., A.11., A.13., adding paragraph A.14., revising paragraphs D.1., D.3., D.4., and adding paragraphs D.6. and D.7. under Ten Thousand Islands National Wildlife Refuge. The additions and revisions read as follows: Sec. 32.28 Florida. * * * * * Arthur R. Marshall Loxahatchee National Wildlife Refuge A. Migratory Game Bird Hunting. * * * 1. You must possess and carry a signed refuge waterfowl hunt permit (signed brochure) while hunting. These brochures are available at the refuge visitor center and on the refuge's Web site (http://www.fws.gov/loxahatchee/). * * * * * 4. We prohibit the taking of any other wildlife (see Sec. 27.21 of this chapter). 5. We do not open to hunting on Mondays, Tuesdays, and Christmas Day. 6. We allow hunting on the refuge from \1/2\ hour before legal sunrise to 1 p.m. Hunters may enter the refuge no earlier than 4 a.m. and must be off the refuge by 3 p.m. 7. Hunters may only enter and leave the refuge at the Headquarters Area (Boynton Beach) and the Hillsboro Area (Boca Raton). 8. The possession and use of firearms shall be in accordance with all applicable Federal and State laws and regulations (see Sec. Sec. 27.41 and 27.42 of this chapter). 9. We allow only temporary blinds of native vegetation. We prohibit the taking, removing, or destroying of refuge vegetation (see Sec. 27.51 of this chapter). 10. Hunters must remove decoys and other personal property (see Sec. 27.93 of this chapter) from the hunting area each day. 11. We encourage the use of dogs to retrieve dead or wounded waterfowl. Dogs must remain under the immediate control of the owner at all times (see Sec. 26.21(b) of this chapter). We prohibit pets at all other times. 12. Hunters must complete a Migratory Bird Hunt Report (FWS Form 3- 2361) and place it in an entrance fee canister each day prior to exiting the refuge. 13. All youth hunters age 15 and younger must remain within sight and normal voice contact of an adult age 21 or older, who possesses a valid hunting license. Youth hunters must have completed a hunter education course. 14. We allow only boats equipped with factory-manufactured-water- cooled outboard motors, electric motors, and nonmotorized boats. We prohibit boats with air-cooled engines, airboats, fan boats, hovercraft, and personal watercraft (Jet Skis, Jet Boats, Wave Runners, etc.). [[Page 39195]] 15. There is a 35 mph speed limit in all waters of the refuge. A 500-foot (150-meter) Idle Speed Zone is at each of the refuge's three boat ramps. 16. We require all boats operating outside of the main perimeter canals (the L-40 Canal, L-39 Canal, L-7 Canal, and L-101 Canal) in interior areas of the refuge and within the hunt area, to fly a 12-inch by 12-inch (30-cm x 30-cm) orange flag 10 feet (3 m) above the vessel's waterline. 17. We prohibit motorized vehicles of any type on the levees and undesignated routes (see Sec. 27.31 of this chapter). 18. For emergencies or to report violations, contact law enforcement personnel at 1-800-307-5789. Law enforcement officers may be monitoring VHF Channel 16. * * * * * D. Sport Fishing. * * * * * * * * 8. Conditions A4, A8, A14 through A17, and A19 apply. * * * * * Merritt Island National Wildlife Refuge A. Migratory Game Bird Hunting. We allow hunting of duck and coot on designated areas of the refuge in accordance with State regulations subject to the following conditions: 1. Persons possessing, transporting, or carrying firearms on national wildlife refuges must comply with all provisions of Federal, State, and local law. Persons may only use (discharge) firearms in accordance with refuge regulations (see Sec. 27.42 of this chapter and part 32). 2. Hunters must possess and carry a current, signed Merritt Island National Wildlife Refuge hunt permit (signed brochure) at all times while hunting waterfowl on the refuge. 3. Hunters must possess and carry (or hunt within 30 yards [27 m] of a hunter who possesses) a valid refuge waterfowl hunting quota permit while hunting in areas 1 or 4 from the beginning of the regular waterfowl season through December 31. No more than four hunters will hunt using a single valid refuge waterfowl hunting quota permit. 4. We allow hunting on Wednesdays, Saturdays, Sundays, and all Federal holidays, including Thanksgiving, Christmas, and New Year's Day, that fall within the State's waterfowl season. 5. We allow hunting in four designated areas of the refuge as delineated in the refuge hunting regulations map. We prohibit hunters to enter the normal or expanded restricted areas of the Kennedy Space Center. 6. We allow hunting of only waterfowl on refuge-established hunt days from the legal shooting time (\1/2\ hour before legal sunrise) until 1 p.m. 7. We allow entrance to the refuge no earlier than 4 a.m. for the purpose of waterfowl hunting. 8. We require all hunters to successfully complete a State-approved hunter education course. 9. We require an adult, age 21 or older, to supervise hunters age 15 and younger. 10. We prohibit accessing a hunt area from Black Point Wildlife Drive. We prohibit leaving vehicles parked on Black Point Wildlife Drive, Playalinda Beach Road, or Scrub Ridge Trail (see Sec. 27.31 of this chapter). 11. We prohibit construction of permanent blinds (see Sec. 27.92 of this chapter) or digging into dikes. 12. We prohibit hunting or shooting within 15 feet (4.5 m) or shooting from any portion of a dike, dirt road, or railroad grade. 13. We prohibit hunting or shooting within 150 yards (135 m) of SR 402, SR 406, any paved road right-of-way, or any road open to vehicle traffic. We prohibit shooting over any dike or roadway. 14. All hunters must stop at posted refuge waterfowl check stations and report statistical hunt information on the Migratory Bird Hunt Report (FWS Form 3-2361) to refuge personnel. 15. Hunters may not possess more than 25 shells in one hunt day. * * * * * D. Sport Fishing. * * * 1. Anglers must possess and carry a current, signed refuge fishing permit (signed brochure) at all times while fishing on the refuge. * * * * * 17. Persons possessing, transporting, or carrying firearms on national wildlife refuges must comply with all provisions of Federal, State, and local law. Persons may only use (discharge) firearms in accordance with refuge regulations (see Sec. 27.42 of this chapter and part 32). * * * * * St. Marks National Wildlife Refuge A. Migratory Game Bird Hunting. * * * * * * * * 4. Hunters may access the hunt area by boat. B. Upland Game Hunting. * * * * * * * * 4. You must unload all hunting firearms for transport in vehicles (uncap muzzleloaders). * * * * * D. Sport Fishing. * * * * * * * * 10. The interior ponds and lakes on the Panacea Unit are open year- round for bank fishing. We open vehicle access to these areas from March 15 through May 15 each year. Ponds and lakes that anglers access from County Road 372 are open year-round for fishing and boating. * * * * * St. Vincent National Wildlife Refuge * * * * * C. Big Game Hunting. * * * * * * * * 2. We restrict hunting to three periods: Sambar deer, raccoon, and feral hog (primitive weapons); white-tailed deer, raccoon, feral hog (archery); and white-tailed deer, raccoon, and feral hog (primitive weapons). Contact the refuge office for specific dates. Hunters may check-in and set up camp sites and stands on the day prior to the scheduled hunt as specified in the brochure. Hunters must leave the island and remove all equipment by the date and time specified in the brochure. * * * * * 8. You may retrieve game from the closed areas only if accompanied by a refuge staff member or a refuge officer. 9. We limit hunting weapons to primitive weapons on the sambar deer hunt and the primitive weapons white-tailed deer hunt. We limit the archery hunt to bow and arrow. Weapons must meet all State regulations. We prohibit crossbows during refuge hunts except with State permit. * * * * * 15. Hunting weapons must have the caps removed from muzzleloaders and arrows quivered before and after legal shooting hours. * * * * * Ten Thousand Islands National Wildlife Refuge A. Migratory Game Bird Hunting. * * * * * * * * 2. We allow hunting only on Wednesdays, Saturdays, Sundays, and Federal holidays that fall within the State's waterfowl season, including: Thanksgiving, Christmas, and New Year's Day. 3. Hunters must possess and carry a valid, signed refuge permit (signed brochure) at all times while hunting on the refuge. * * * * * 5. Hunters may enter the refuge from the south side of U.S. 41. We allow hunting from \1/2\ hour before legal sunrise until 12 p.m. Hunters may enter the refuge no earlier than 4 a.m. and must remove all decoys, guns, blinds, and other related equipment (see Sec. 27.93 of this chapter) by 1 p.m. daily. [[Page 39196]] 6. We prohibit hunting within 100 yards (90 m) of the south edge of U.S. 41 and the area posted around Marsh Trail extending south from U.S. 41. * * * * * 9. Hunters may only take duck and coot with a shotgun (no larger than a 10 gauge). We prohibit target practice on the refuge (see Sec. 27.42 of this chapter). 10. We prohibit air-thrust boats, hovercraft, personal watercraft (jet skis, jet boats, and wave runners), and off-road vehicles at all times. We limit vessels to a maximum of a 25 hp outboard motor. 11. We require all commercial guides to purchase, possess, and carry a refuge Special Use Permit (FWS Form 3-1383). * * * * * 13. We allow youth hunt days in accordance with State regulations. Hunters age 15 or younger may hunt only with a nonhunting adult age 18 or older. Youth hunters must remain within sight and sound of the nonhunting adult. Youth hunters must have completed a hunter education course. 14. Persons possessing, transporting, or carrying firearms on national wildlife refuges must comply with all provisions of Federal, State, and local law. Persons may only use (discharge) firearms in accordance with refuge regulations (see Sec. 27.42 of this chapter and part 32). * * * * * D. Sport Fishing. * * * 1. We prohibit air-thrust boats, hovercraft, personal watercraft (jet skis, jet boats, and wave runners), and off-road vehicles in the freshwater and brackish marsh area south of U.S. 41. We limit vessels to a maximum of 25 hp outboard motor. * * * * * 3. We only allow crabbing for recreational use in the freshwater and brackish marsh area of the refuge. You may use a dip or landing net, drop net, or hook and line. 4. We prohibit commercial fishing and the taking of snake, turtle, frog, and other wildlife (see Sec. 27.21 of this chapter) in the freshwater and brackish marsh area of the refuge. * * * * * 6. Anglers and crabbers must attend their lines at all times. 7. We require all commercial guides operating in the freshwater and brackish marsh area of the refuge to purchase, possess, and carry a refuge Special Use Permit (FWS Form 3-1383). * * * * * 8. Amend Sec. 32.29 by: a. Revising paragraphs C.1., C.9., C.11., and C.13., and adding paragraph C.20. under Blackbeard Island National Wildlife Refuge; b. Revising paragraphs C.3., C.9., C.11., and C.12., and adding paragraph C.20. under Harris Neck National Wildlife Refuge; c. Revising paragraphs C.5., C.7., C.10., C.11., and adding paragraph C.12. under Savannah National Wildlife Refuge; and d. Revising paragraphs C.1., C.5., C.6., C.8., and C.9., and adding paragraph C.21. under Wassaw National Wildlife Refuge. The additions and revisions read as follows: Sec. 32.29 Georgia. * * * * * Blackbeard Island National Wildlife Refuge * * * * * C. Big Game Hunting. * * * 1. Hunters must possess and carry a signed refuge hunting regulations brochure on their person at all times. They may obtain hunt information and refuge hunting brochures at the Savannah Coastal Refuges Complex headquarters. * * * * * 9. For hunting, we allow only bows in accordance with State regulations. * * * * * 11. You may take five deer (no more than two antlered), and we will issue State bonus tags for two of these. There is no bag limit on feral hog. * * * * * 13. Hunters must be on their stands from \1/2\ hour before legal sunrise until 9 a.m. and from 2 hours before legal sunset until \1/2\ hour after legal sunset. * * * * * 20. We prohibit the use of trail or game cameras. * * * * * Harris Neck National Wildlife Refuge * * * * * C. Big Game Hunting. * * * * * * * * 3. Hunters must be on their stands from \1/2\ hour before legal sunrise until 9 a.m. and from 2 hours before legal sunset until \1/2\ hour after legal sunset. * * * * * 9. During the archery hunt, we allow only bows in accordance with State regulations. * * * * * 11. Hunters may take five deer (no more than two antlered), and we will issue State bonus tags for two of these. There is no bag limit for feral hog. 12. During the gun hunt, we allow only shotguns (20 gauge or larger; slugs only) and bows in accordance with State regulations. * * * * * 20. We prohibit the use of trail or game cameras. * * * * * Savannah National Wildlife Refuge * * * * * C. Big Game Hunting. * * * * * * * * 5. We allow only shotguns (20 gauge or larger; slugs only), center- fire rifles (.22 caliber or larger), muzzleloaders, and bows for deer and hog hunting throughout the designated hunt area during the November gun hunt and the March hog hunt. * * * * * 7. Hunters may take five deer (no more than two antlered). There is no bag limit on feral hog. * * * * * 10. We allow turkey hunting during a special 3-week turkey hunt in April. Turkey hunters may harvest only three gobblers. 11. We allow shotguns with only 2 shot or smaller and bows, in accordance with State regulations, for turkey hunting. We prohibit the use of slugs or buckshot during turkey hunts. 12. We prohibit the use of trail or game cameras. * * * * * Wassaw National Wildlife Refuge * * * * * C. Big Game Hunting. * * * 1. Hunters must possess and carry a signed refuge hunting regulations brochure on their person at all times. They may obtain hunt information and refuge hunting brochures at the Savannah Coastal Refuges Complex headquarters. * * * * * 5. Hunters may take five deer (no more than two antlered), and we will issue State bonus tags for two of these. There is no bag limit on feral hog. 6. Hunters must be on their stands from \1/2\ hour before legal sunrise until 9 a.m. and from 2 hours before legal sunset until \1/2\ hour after legal sunset. * * * * * 8. We allow only bows and muzzleloading rifles, in accordance with State regulations, during primitive weapons hunt. 9. When hunting, we allow only shotguns (20 gauge or larger; slug only), center-fire rifles (.22 caliber or larger), bows, and primitive weapons, in accordance with State regulations, during the gun hunt. * * * * * [[Page 39197]] 21. We prohibit the use of trail or game cameras. * * * * * 9. Amend Sec. 32.32 by: a. Revising the entry for Crab Orchard National Wildlife Refuge; and b. Revising paragraphs B.3. and D.3. under Port Louisa National Wildlife Refuge, to read as follows: Sec. 32.32 Illinois. * * * * * Crab Orchard National Wildlife Refuge A. Migratory Game Bird Hunting. We allow hunting of waterfowl on designated areas of the refuge in accordance with State regulations subject to the following conditions: 1. We require a refuge hunt brochure permit that is available at the refuge office and in brochure dispensers at multiple locations throughout the refuge. You must carry this signed permit when hunting on the refuge. 2. We prohibit hunting in the restricted use area of Crab Orchard Lake and areas posted closed to hunting as described in the hunting brochure. 3. We prohibit hunting within 50 yards (45 m) of all designated public use facilities, including but not limited to: parking areas, picnic areas, campgrounds, marinas, boat ramps, public roads, and established hiking trails listed in the refuge trails brochure. 4. Hunters must remove all boats, decoys, blinds, blind materials, stands, platforms, and other personal equipment (see Sec. Sec. 27.93 and 27.94 of this chapter) brought onto the refuge at the end of each day's hunt. 5. We prohibit the construction or use of permanent blinds, stands, platforms, or scaffolds (see Sec. 27.92 of this chapter). 6. Waterfowl hunting blinds must be a minimum of 200 yards (180 m) apart. Hunters must anchor boat blinds on the shore or anchor them a minimum of 200 yards (180 m) away from any shoreline. 7. An adult age 21 or older must supervise youth hunters under age 16, and youth hunters must remain in sight of and normal voice contact with the adult. 8. We prohibit the use of paint, flagging, reflectors, tacks, or other manmade materials to mark trails or hunting locations (see Sec. 27.93 of this chapter). 9. We allow the use of hunting dogs during the hunting season, provided the dogs are under the immediate control of the hunter at all times. 10. We allow waterfowl hunting on the eastern shoreline in Grassy Bay. 11. Waterfowl hunters may hunt in the ``controlled waterfowl hunting area'' up to 3 days prior to Canada goose season. 12. We allow waterfowl hunting in the ``controlled waterfowl hunting area'' (as displayed in the refuge hunting brochure) during the Canada goose season subject to the following conditions: i. Waterfowl hunters must attend a special drawing on the day of the hunt. ii. We allow hunting \1/2\ hour before legal sunrise to posted closing times. iii. Hunters must hunt from assigned refuge blinds or markers. We allow water blind hunters to hunt from a boat immediately adjacent to their blind/marker. iv. All hunters must report their harvest at the end of the day's hunt using the Waterfowl Harvest Report (FWS Form 3-2361). B. Upland Game Hunting. We allow hunting of squirrel, rabbit, bobwhite quail, raccoon, opossum, red fox, grey fox, and coyote on designated areas of the refuge in accordance with State regulations subject to the following conditions: 1. Conditions A1 through A5 and A7 through A9 apply. 2. We prohibit upland game hunting in the ``controlled waterfowl hunting area'' during the Canada goose hunting season, except we allow furbearer hunting from legal sunset to legal sunrise. 3. We prohibit hunters using rifles or handguns with ammunition larger than .22 caliber rimfire, except they may use black powder firearms up to and including .40 caliber. 4. We allow the use of .22 and .17 caliber rimfire lead ammunition for the taking of small game and furbearers during open season. 5. We prohibit target practice or any nonhunting discharge of firearms (see Sec. 27.42 of this chapter). 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 A5 and A7, A8, and B4 apply. 2. We require all deer and turkey hunters using the ``restricted use area'' (as described in the hunting brochure) to check-in at the refuge visitor center prior to hunting. 3. We allow the use of legal-sized lead ammunition (see current Illinois hunting digest) for the taking of deer and turkey. 4. We prohibit the use of handguns for the taking of deer in the restricted use area. 5. We prohibit the use of ``deer drives'' for the taking or attempting to take deer. We define a ``deer drive'' as a hunter(s) moving through an area with the intent of displacing one or more deer in the direction of another hunter(s). 6. We allow deer hunting with archery equipment only in the following areas: i. In the ``controlled waterfowl hunting area''; ii. On all refuge lands north of Illinois State Route 13; and iii. In the area north of the Crab Orchard Lake emergency spillway and west of Crab Orchard Lake. D. Sport Fishing. We allow sport fishing on designated areas of the refuge in accordance with State regulations subject to the following conditions: 1. On Crab Orchard Lake west of Wolf Creek Road: i. Anglers may fish from boats all year. ii. Anglers must remove all trotlines/jugs from legal sunrise until legal sunset from the Friday immediately prior to Memorial Day through Labor Day. 2. On Crab Orchard Lake east of Wolf Creek Road: i. Anglers may fish from boats March 15 through September 30. ii. Anglers may fish all year at the Wolf Creek and Route 148 causeways. 3. Anglers must check and remove fish from all jugs and trotlines daily. 4. We prohibit using stakes to anchor any trotlines and anchoring trotlines from any object on the shoreline. 5. Anglers must tag all jugs and trotlines with their name and address. 6. We prohibit anglers using jugs or trotlines with any flotation device that has previously contained any petroleum-based material or toxic substances. 7. Anglers must attach a buoyed device that is visible on the water's surface to all trotlines. 8. Anglers may use all legal noncommercial fishing methods, except they may not use any underwater breathing apparatus. 9. On A-41, Bluegill, Managers, Honkers, and Vistors Ponds: i. Anglers may fish only from legal sunrise to legal sunset March 15 through September 30. ii. We prohibit anglers from using boats or flotation devices. 10. Anglers may not submerge any pots or similar object to take or locate any fish. 11. Organizers of all fishing events must possess a Fishing/ Shrimping/Crabbing Application (FWS Form 3-2358). 12. We prohibit anglers from fishing within 250 yards (225 m) of an occupied waterfowl hunting blind. 13. We restrict motorboats on all refuge waters to slow speeds leaving [[Page 39198]] ``no wake'' within 150 feet (45 m) of any shoreline, swimming area, marina entrance, boat ramp, causeway tunnel, and any areas indicated on the lake zoning map in the refuge fishing brochure. 14. We prohibit the use of boat motors of more than ``10 horse power'' on Devils Kitchen and Little Grassy Lakes. 15. We prohibit the use of gas-powered motors in the southeastern section of Devils Kitchen Lake (consult lake zoning map in the refuge fishing brochure). 16. We prohibit the use of trotlines/jugs on all refuge waters outside of Crab Orchard Lake. 17. Specific creel and size limits apply on various refuge waters as listed in the Crab Orchard Fishing Brochure and the annual Illinois fishing digest. * * * * * Port Louisa National Wildlife Refuge * * * * * B. Upland Game Hunting. * * * * * * * * 3. We allow hunting in designated areas on the Horseshoe Bend Division from September 1 until September 15 and December 1 until February 28. We allow spring turkey hunting. * * * * * D. Sport Fishing. * * * * * * * * 3. We close the following Divisions to all public access: Louisa Division--September 15 until January 1; Horseshoe Bend Division-- September 15 until December 1; Keithsburg Division--September 15 until January 1. * * * * * 10. Amend Sec. 32.33 by revising paragraphs B.2. and B.4., adding paragraphs B.6. and B.7., revising paragraphs C.2. and C.8., and adding paragraphs C.9. and D.5. under Muscatatuck National Wildlife Refuge, to read as follows: Sec. 32.33 Indiana. * * * * * Muscatatuck National Wildlife Refuge * * * * * B. Upland Game Hunting. * * * * * * * * 2. We allow the use of hunting dogs only for hunting rabbit, quail, and squirrel provided the dogs are under the immediate control of the hunter at all times (see Sec. 26.21(b) of this chapter). * * * * * 4. Hunters must use nontoxic shot in shotguns. * * * * * 6. We require all hunters except turkey hunters to wear hunter orange. 7. We require all hunters to display a game harvest report (FWS Form 3-2359), with name and date filled in, on their vehicle dashboard while hunting. Hunters may pick up reports at registration boxes, complete the reports, and leave them there before departing the refuge. C. Big Game Hunting. * * * * * * * * 2. You must possess and carry a State-issued refuge hunting permit to hunt deer during the State early archery season in October, the muzzleloader season, and the youth hunting weekend. * * * * * 8. We allow only spring turkey hunting on the refuge, and hunters must possess a State-issued hunting permit. 9. We allow archery deer hunting in November except during youth hunting weekend. D. Sport Fishing. * * * * * * * * 5. We prohibit lead sinkers. We allow sinkers made of nontoxic materials. * * * * * 11. Amend Sec. 32.34 by: a. Revising paragraph C.6., adding paragraph C.12, revising the introductory text of paragraph D., and revising paragraphs D.1., D.2., and D.5. under DeSoto National Wildlife Refuge; and b. Revising the entry for Northern Tallgrass Prairie National Wildlife Refuge. These additions and revisions read as follows: Sec. 32.34 Iowa. * * * * * DeSoto National Wildlife Refuge * * * * * C. Big Game Hunting. * * * * * * * * 6. We prohibit the use of a crossbow as archery equipment unless the hunter has obtained a State-issued disability crossbow permit. * * * * * 12. We prohibit participation in organized deer drives. D. Sport Fishing. We allow sport fishing in DeSoto National Wildlife Refuge in accordance with the States of Iowa and Nebraska regulations subject to the following conditions: 1. We allow ice fishing in DeSoto Lake from January 2 through the end of February. 2. We allow the use of pole and line or rod and reel fishing in DeSoto Lake from April 15 through October 14. * * * * * 5. We allow the use of portable ice fishing shelters on a daily basis from January 2 through the end of February. * * * * * Northern Tallgrass Prairie National Wildlife Refuge A. Migratory Game Bird Hunting. Except for those units adjacent to Neal Smith National Wildlife Refuge, we allow hunting of duck, goose, merganser, coot, rail (Virginia and sora only), woodcock, and snipe on designated areas in accordance with State regulations subject to the following conditions: 1. Hunters may possess only approved nontoxic shot while in the field (see Sec. 32.2(k)). 2. Hunters may construct temporary blinds using manmade materials only. We prohibit bringing plants or their parts onto the refuge. 3. We prohibit the construction or use of permanent blinds, stands, or scaffolds (see Sec. 27.93 of this chapter). 4. We prohibit leaving boats, decoys, or other personal property unattended at any time. 5. Hunters must remove boats, decoys, portable or temporary blinds, materials brought onto the refuge, and other personal property at the end of each day's hunt (see Sec. Sec. 27.93 and 27.94 of this chapter). 6. We allow the use of hunting dogs, provided that the dogs remain under the immediate control of the hunter at all times during the State-approved hunting season (see Sec. 26.21(b) of this chapter). 7. We prohibit the use of motorized watercraft. 8. We prohibit camping. B. Upland Game Hunting. Except for those units adjacent to Neal Smith National Wildlife Refuge, we allow the hunting of ring-necked pheasant, bobwhite quail, gray partridge, rabbit (cottontail and jack), squirrel (fox and gray), groundhog, raccoon, opossum, fox (red and gray), coyote, badger, striped skunk, and crow on designated areas of the refuge in accordance with State regulations subject to the following conditions: 1. Shotgun hunters may possess only approved nontoxic shot while in the field (see Sec. 32.2(k)). 2. We allow the use of dogs for upland game bird hunting only, provided the dogs remain under the immediate control of the hunter at all times during the State-approved hunting season (see Sec. 26.21(b) of this chapter). 3. We prohibit the use of dogs for hunting furbearers. 4. Conditions A7 and A8 apply. C. Big Game Hunting. Except for those units adjacent to Neal Smith National [[Page 39199]] Wildlife Refuge, we allow the hunting of deer and turkey on designated areas of the refuge in accordance with State regulations subject to the following conditions: 1. We allow the use of temporary stands, blinds, platforms, or ladders. Hunters may construct blinds using manmade materials only. We prohibit bringing plants or their parts onto the refuge. 2. We prohibit the construction or use of permanent blinds, stands, scaffolds, or ladders (see Sec. 27.93 o