2011 Federal Register, 76 FR 39186; Centralized Library: U.S. Fish and Wildlife Service - Federal Register, Volume 76 Issue 128 (Tuesday, July 5, 2011)

[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

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Fish and Wildlife Service

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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

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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.

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SUMMARY: The Fish and Wildlife Service proposes to add one refuge to
the list of areas open for hunting and/or sport fishing 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

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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
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Migratory bird Upland game
National wildlife refuge State hunting hunting Big game hunting Fishing
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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.
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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

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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.

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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]
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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
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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

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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
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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