[Federal Register Volume 76, Number 175 (Friday, September 9, 2011)]
[Rules and Regulations]
[Pages 56054-56090]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-22752]
[[Page 56053]]
Vol. 76
Friday,
No. 175
September 9, 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; Final
Rule
Federal Register / Vol. 76 , No. 175 / Friday, September 9, 2011 /
Rules and Regulations
[[Page 56054]]
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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: Final rule.
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SUMMARY: The Fish and Wildlife Service adds one refuge to the list of
areas open for hunting and/or sport fishing and increases the
activities available at nine other refuges, along with adopting
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: This rule is effective September 9, 2011.
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 also
consider the role of facilitating hunting heritage in expanding hunting
opportunities on national wildlife refuges consistent with the agency's
mission.
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 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
[[Page 56055]]
fishing in 50 CFR part 32. We ensure continued compliance by the
development of comprehensive conservation plans, specific plans, and by
annual review of hunting and sport fishing programs and regulations.
Response to Comments Received
In the July 5, 2011, Federal Register (76 FR 39186), we published a
proposed rulemaking identifying changes pertaining to migratory game
bird hunting, upland game bird hunting, big game hunting, and sport
fishing to existing refuge-specific language on certain refuges for the
2011-2012 season. We received 251 comments on this proposed rule during
a 30-day comment period; 226 of those comments were supportive of the
rulemaking; 18 were opposed to the rulemaking; and the remainder
expressed neither support nor opposition but had comments.
Comment 1: A commenter asked when we would notify the public of the
opening of the various areas, when the applications would become
available, and what fees we would require.
Response 1: With the publication of this final rule document, the
changes become effective. We will be issuing press releases both
locally in the affected areas and nationally from the Headquarters of
the National Wildlife Refuge System and the U.S. Fish and Wildlife
Service. Interested hunters should contact the particular refuge that
they wish to visit for application and fee information. We maintain a
list of all of the national wildlife refuges on our National Wildlife
Refuge System homepage (link: http://www.fws.gov/refuges/). Look for
the ``Find Your Refuge'' section on the first page and you can query
the system by State, zip code, alphabetically by refuge or other means
via the pull-down menu. Once you link to the refuge of interest, you
will find their address, phone number, and a link to their individual
Web sites.
Comment 2: We received six comments (from 4 different individuals)
expressing concern regarding the Minnesota Valley National Wildlife
Refuge's proposed prohibition on falconry. They state we offered no
explanation for this prohibition, and they contend that falconry is a
legal means of hunting/take in the State of Minnesota as it is in 49 of
the 50 States. They object strongly to what appears to be prejudicial
and a ``denied equitable public opportunity'' on the refuge and request
that we remove such a bias from the regulations by allowing falconry.
One commenter goes on to say that ``clear regulatory or policy guidance
to permit falconry on all refuge properties would assist refuge
managers and personnel development refuge management plans.'' This
requestor also, ``respectfully requests on all refuge properties where
take is allowed by archery methods only, that falconry also be
permitted.''
Response 2: Upon further examination of this condition, the refuge
has decided to reverse their decision regarding falconry hunting as a
means of take for migratory birds on Minnesota Valley National Wildlife
Refuge and allow this opportunity. Due to the small number of hunters
that practice falconry, the method used with this hunting technique,
and the average success rate of this hunting method, we believe that
this change will be insignificant in its direct, indirect, and
cumulative impact. The factors considered in our analysis include the
impact of this activity on overall migratory bird harvest, habitat
conditions, interactions with other user groups, falconry hunter
numbers, and economic gain or loss associated with this type of
hunting.
As far as policy specific to falconry, Service policy 605 FW 2.7M
Special Hunts stipulates, ``We will address special types of hunts,
such as falconry, in the hunt section of the visitor service plan
(VSP).'' In other words, each refuge manager when developing their
step-down visitor service's plan (which would include a hunt plan, if
appropriate) from their Comprehensive Conservation Plan, must first
determine if hunting is compatible. Assuming it is found to be
compatible, the refuge manager would next determine the conduct of the
hunt which might include the use of falconry. A refuge manager has
discretion to prohibit hunting, and specifically falconry, in certain
cases such as if endangered or threatened species are present; thus it
is decided individually on a refuge-by-refuge basis.
Comment 3: A commenter supports the proposed rule to open Crane
Meadows National Wildlife Refuge to deer and turkey hunting and to
expand hunting at nine other refuges across the country and agrees that
the rule meets the intent of the National Wildlife Refuge System
Improvement Act to provide opportunities for wildlife-dependent
activities, including hunting, when these activities are compatible
with refuge purposes and with the mission and purposes of the National
Wildlife Refuge System. The commenter wonders why in the SUPPLEMENTARY
INFORMATION section of the proposed rule that Executive Order 13443 is
not included along with other mentioned Executive Orders (E.O.) and
urges us to add this E.O. to the list of others with which we must
comply and make this E.O. a standard part of any future proposed rule
that opens or expands wildlife-dependent activities on national
wildlife refuges.
Response 3: The very nature of this rule to open and expand hunting
on national wildlife refuges is consistent with the purpose of
Executive Order 13443 (Facilitation of Hunting Heritage and Wildlife
Conservation). However, we are not including reference to the E.O. in
the Required Determinations section of the rule because all of the
E.O.s and Acts that are contained in that section of the rule require
that a substantive determination be made as part of the regulatory
process, whereas E.O. 13443 states that agencies should consider
certain things in developing their policies but does not require that a
specific determination be made in analyzing the substance of the E.O.
as it might be impacted by the proposed regulation (emphasis added). We
do consider the broad precepts of E.O. 13443 in developing the hunting
regulations, but there is no affirmative obligation to assert that an
agency has complied with that specific E.O.
As the commenter correctly observes, this proposed rule does meet
the intent of the National Wildlife Refuge System Improvement Act to
provide opportunities for wildlife-dependent activities, including
hunting, when these activities are compatible with refuge purposes and
with the mission and purposes of the National Wildlife Refuge System.
They also correctly note that in the SUPPLEMENTARY INFORMATION section
of the proposed rule we reference the Improvement Act and the fact that
it established six wildlife-dependent recreation uses, including
hunting, as priority general public uses.
We have added a sentence to the SUPPLEMENTARY INFORMATION section
of this final rulemaking to indicate that we consider the role of
facilitating hunting heritage in expanding hunting opportunities on
national wildlife refuges consistent with the agency's mission.
Comment 4: Seventeen commenters expressed objection to the concept
of allowing any more hunting on national wildlife refuges. Their
statements ranged from `` * * * too many people, too few animals'' to
``I think the fact that it is a National Wildlife `Refuge' should mean
just that.''
Response 4: The 1966 National Wildlife Refuge System Administration
Act, which was amended by the 1997 National Wildlife Refuge System
Improvement Act, stipulates that hunting (along with fishing, wildlife
observation and photography, and
[[Page 56056]]
environmental education and interpretation), if found to be compatible,
is a legitimate and priority general public use of a refuge and should
be facilitated. The Administration Act authorizes the Secretary to
allow use of any refuge area for any purpose as long as those uses are
compatible. In the case of each refuge opening/expansion in this rule,
the refuge managers went through the compatibility process (which
allows for public comment), in addition to complying with the National
Environmental Policy Act (42 U.S.C. 4321 et seq.) (NEPA) (which also
allows for public comment) to make the determination before opening the
refuge to hunting or expanding the hunting opportunities on the refuge.
We made no change to the regulations as a result of these comments.
Comment 5: A commenter expressed opposition to opening Arapaho
National Wildlife Refuge in Colorado to elk hunting.
Response 5: Elk are found throughout the refuge and are the most
numerous big game species on the refuge. The wintering elk population
has continued to grow, from 200 to 300 elk in 1988 to approximately
1,500 to 1,800 elk on the refuge in recent years.
The primary objective of the elk hunt is to increase the dispersal
of elk onto adjacent lands where they will be available to more
hunters, and to harvest a small percentage of the population on the
refuge thereby lessening the impacts to all native species, including
migratory birds. The elk hunt will also provide a new, quality hunting
opportunity for hunters with a focus on youth hunters and hunters with
disabilities. Refuge managers determined that it is advisable to take
management action before the elk population reaches the point where it
does long-term damage to the environment and adversely affects other
native flora and fauna species.
Without a reduction in elk numbers, sections of the Illinois River
on the refuge will continue to be impacted by wintering elk. Elk can
have a severe impact on establishment and long-term health of willow
stands, making achievement of refuge habitat objectives unlikely. If
the refuge elk population continues to grow, it will eventually exceed
the carrying capacity of the available habitat. We will continue to
monitor the population, coordinate with the Colorado Department of
Wildlife, limit hunter participation, and establish bag limits to
ensure the population will not be adversely affected by managed
hunting.
We made no change to the regulations as a result of this comment.
Comment 6: A commenter from the State of Texas, although supportive
of the rulemaking, felt it was important to require ``* * * those
utilizing these great resources to take appropriate hunter and
bowhunter education courses. This will make sure that all hunters have
been exposed to safety and ethical issues that will insure a safer
hunting environment.''
Response 6: We concur with the commenter. As discussed in the
introductory paragraph of each hunting and/or sport fishing category
for nearly every refuge under each State in 50 CFR part 32, we
stipulate that we allow hunting and/or sport fishing activities in
accordance with State regulations subject, in many cases, to conditions
that follow in the refuge-specific regulations. Regulations allowing
hunting of wildlife within the Refuge System must be, to the extent
practicable, consistent with State fish and wildlife laws, regulations,
and management plans; therefore, we do not reiterate those regulations
in our regulations (see Fish and Wildlife Service policy 605 FW 2.3B).
In the case of Texas, State regulations require that big game
hunters have a bowhunting/hunter education certificate in their
possession when hunting. Although we do not specifically restate this
in our Texas refuge-specific regulations, our refuges do comply with
this State law, which would include requiring this certificate for big
game hunters. Further, at each refuge, there are brochures available to
the hunter that go into detail about this State and refuge requirement.
We made no changes to the rule as a result of this comment.
Comment 7: A commenter indicated they would like to see deer and
hog hunting allowed by archery means only on Bayou Sauvage National
Wildlife Refuge (NWR) in the State of Louisiana.
Response 7: This urban refuge (within the city limits) is closed to
big game hunting (the category of hunting under which one would find
large species such as deer and hog); therefore this comment is not
germane to this rulemaking. We made no change to the regulation as a
result of this comment.
Comment 8: A commenter asked why we do not allow feral pig hunting
at Merritt Island NWR in Florida as ``they have a terrible feral pig
problem'' there. Also the same commenter questioned the need for a
waterfowl hunt as wintering waterfowl numbers have dropped from 120,000
to under 18,000 in the past 10 years.
Response 8: Merritt Island National Wildlife Refuge is an overlay
of the Kennedy Space Center (KSC) and the Service manages NASA's lands
through an agreement. Prior to NASA's purchase of the lands for KSC,
much of the area was owned by several large hunt clubs and when the
property was sold, the prominent hunt club members desired retaining
hunting privileges. When NASA entered into the agreement with the
Service to establish the refuge, it specified waterfowl hunting would
continue. Since 1963, the year we established the refuge, we have
allowed waterfowl hunting in selected locations outside the restricted
area of KSC.
The refuge hunt program has evolved over the years in response to
changing waterfowl populations, waterfowl use patterns, habitat
conditions, and changes in the public use program. The length of the
season, days of the week open to hunting, number and size of hunt
areas, and ways and means for issuing permits have changed frequently
over the past 48 years. Presently 36,000 acres of the 140,000-acre
Merritt Island NWR are open to waterfowl hunting and are subdivided
into four hunt areas (Hunt Areas 1 through 4). The refuge has a
concurrent season with the State of Florida, except the refuge is open
to hunting 3 days per week (Wednesday, Saturday, and Sunday) from legal
shooting time until 1 p.m. We require a refuge hunt permit (signed
brochure), a State-approved hunter safety training certificate, and a
quota permit (State permit) for Hunt Areas 1 and 4 for the months of
November and December.
Waterfowl populations have declined on the refuge for at least 10
years. The refuge staff is concerned about the decline, but it is
unclear if the cause is fewer birds migrating to Florida, a shift in
the Florida wintering population to other parts of the State (the
decline seems to coincide with new habitat being created for Everglades
restoration), or excessive hunting pressure on the refuge. In March of
this year, following the 2010-2011 Waterfowl Season, refuge personnel
met with the Florida Fish and Wildlife Commission and waterfowl hunter
stakeholders (representatives from Ducks Unlimited and United
Waterfowlers), to discuss solutions to improve waterfowl hunting and
address the decline in the refuge waterfowl populations. As a result of
this meeting, the consensus was to attempt to improve the quality of
the habitat conditions on the refuge but not make any immediate changes
to the hunt program. The refuge will continue to monitor the waterfowl
population but, at least for now, does not propose any
[[Page 56057]]
additional changes to the waterfowl regulations.
With respect to the issue of opening the refuge to feral hog
hunting, the refuge has never been open to big game hunting. However in
2006, when they completed the Comprehensive Conservation Plan for the
refuge, they made provisions to evaluate opening the northern quarter
of the refuge to feral hog and deer hunting. The refuge currently uses
hog trappers under permit to remove feral hogs, and those trappers
remove between 2,500 to 3,000 animals annually through this program at
no cost to the refuge. The feral hog removal program is fairly
effective, and at this time we do not wish to introduce a public hunt
into the mix. A public hunt may provide a short-term advantage of
reducing the population quickly in the area of the hunt, but, in the
long run, the constant pressure afforded by the hog trappers in all
areas of the refuge may provide a more effective long-term control.
However, the refuge plans to evaluate implementing a feral hog hunt
when the feral hog permits expire. No changes were made to this final
rule as a result of this comment.
Comment 9: A commenter asked how we would pay for supervision of
hunting activity in these proposed areas given the budgetary
constraints that currently exist and that are likely to become more
stringent. Also, do we believe we can properly supervise the hunts
under the circumstances?
Response 9: When developing the Comprehensive Conservation Plans
and step-down hunting plans for each refuge, the refuge manager takes
into account budgetary needs for increased hunting opportunities.
Basically, the refuge would not be proposing the activity (or increased
activity) if it did not anticipate that there was enough funding to
ensure compatibility and to administer and to manage the hunts.
Typically, you can find this discussion under the ``Staffing and
Funds'' section of each refuge's hunt plans, which were made publicly
available when first issued, and remain available at each station's Web
site. In some cases, an existing hunt program is in place and the
refuge does not anticipate a drastic change in staffing or funding
requirements. As refuge law enforcement can be a collateral duty for
refuge staff, they may occasionally ``borrow'' law enforcement as
needed from other refuges. For other refuges, non-law enforcement staff
time does not increase greatly since generally all hunting seasons and
permitting will be handled according to State regulations. Some refuges
also see some budgetary relief in user fees which they believe are
sufficient to cover increased opportunities. Some refuges state that
there would be some costs associated with a hunting program in the form
of brochures, instructional sign needs, and law enforcement. These
refuges expect that the costs should be minimal relative to total
refuge operations and maintenance costs and would not diminish
resources dedicated to other refuge management programs.
However, the refuges do acknowledge there will be some additional
staff workload in order to administer new hunting opportunities and
this factors into the decision to allow those opportunities. Finally,
as discussed earlier in this SUPPLEMENTARY INFORMATION section, with
the passage of the National Wildlife Refuge Improvement Act of 1997,
Congress mandated that hunting was one of the six priority general
public uses that refuge managers were to facilitate when compatible, so
to the extent possible and practicable, we adhere to that directive.
We made no change to the regulations as a result of this comment.
Comment 10: A commenter, although supportive of the additional
hunting opportunity in Iowa, wondered why we impose additional
requirements such as ``steel shot only'' on all our public hunting
areas. The commenter points out that steel is costly and does not
believe that it has been proven that the steel shot requirement has had
a positive effect on migratory birds.
Response 10: Waterfowl and migratory birds can get lead poisoning
by ingesting lead shot when they feed (see http://www.fws.gov/sacramento/ec/lead%20shot.htm). In the November 21, 1986, Federal
Register (51 FR 42103) we began the conversion to nontoxic shot
nationwide for waterfowl hunting on refuges, which we implemented in
the 1991-1992 hunting season. At that time, refuges were implementing
the nontoxic shot requirement on a refuge-by-refuge basis, and multiple
rules were published (an example would be the June 19, 1991, Federal
Register (56 FR 28133)). The Service oversees the approval process for
alternative shot types in the United States. We specifically identify
the shot allowed in areas of the Refuge System by reference to the shot
identified in 50 CFR 20.21(j). We sometimes grant new shot types
conditional approvals until we complete all necessary studies. These
conditional approvals may change yearly, and we add new shot types to
our approved list as they meet our criteria. You can link to the
following Web sites concerning lead shot that contain more background
information on this issue:
http://www.lab.fws.gov/shotpellets_leadshot.php; http://www.fws.gov/sacramento/ec/lead%20shot.htm;
http://www.fws.gov/contaminants/DisplayNews.cfm?NewsID=4DAA500C-3E21-4564-87AA714E9E301C9E.
You can find many other Web sites concerning lead shot by
conducting an Internet search.
We made no change to the regulations as a result of this comment.
Comment 11: We received a comment regarding the proposed youth hunt
at Bayou Sauvage National Wildlife Refuge in Louisiana. The commenter
notes that the proposed hunt would allow hunting within 500 feet of
Venetian Isle, a dense population of waterfront homes within the New
Orleans city limits, and believes that not only should we prohibit
hunting within the city limits but that the hunting boundaries should
be at least 1 mile from homes. Further, the commenter doesn't want to
be awakened by gunfire on weekend mornings.
Response 11: The National Wildlife Refuge System Improvement Act of
1997 identifies hunting as a priority public use, and providing
opportunities for fish and wildlife public uses in an urban setting is
an established purpose of the refuge. Given this supporting legislation
and the significant public support for hunting on Bayou Sauvage NWR, it
is important that these opportunities are available to the public.
Our goal is to ensure that hunting is balanced with the other
priority public uses of environmental education, wildlife observation,
interpretation, fishing, and photography. Thus, we have designated the
interior units (57 percent of the refuge) as closed to hunting to allow
ample opportunities for the other five priority uses. Additionally, we
allow hunting only 4 days per week until 12 (noon), and these units
will be open to fishing and other activities during nonhunting times.
The youth hunt we are proposing is for migratory bird hunting,
unlike comment 7 whichi dealt with big game hunting. The ammunition
used for these two types of hunting is different. Bird shot has a
different trajectory and much less mass than a rifled slug or bullet
and would not travel as far as those ammunitions used in big game
hunting. Under these circumstances, we feel the prohibition of hunting
within 500 feet (150 m) of residences adequately provides for public
safety. On two other Louisiana refuges, Big Branch Marsh and Bogue
Chitto, we allow hunting
[[Page 56058]]
within 150 feet (45 m) of roads, trails, residences, and public
facilities. In order to reduce potential noise associated with hunting
activities near Venetian Isles, the areas located outside the hurricane
protection levee, immediately west and south of Venetian Isles, between
the former Bayou Sauvage channel and the railroad tracks will be posted
closed to hunting. We made no changes to this regulation as a result of
the comment.
Comment 12: A commenter questioned the ``rigorous scientific
research into the status of refuge wildlife populations'' and whether
we were using this information to guide refuge planning. The commenter
went on to say that a determination must be made that ``wildlife are
surplus to a balanced conservation program on any wildlife area,'' and
that ``unless the species is damaging or destroying federal property
within a refuge, the species cannot be subject to live removal or
lethal control, including through official animal control operations.''
They believe that ``refuges often fail to have refuge specific
monitoring of harvest levels,'' and discussed the concept of an
``inviolate sanctuary.'' Finally, the commenter believes that since
``21 million people visit refuges for wildlife observation'' and ``only
1.4 million visit to hunt or trap'' that nonconsumptive users should
enjoy a higher priority when it comes to use of refuge lands.
Response 12: As discussed in the response to Comment 4, and as
Comment 12 acknowledges, ``the Refuge Improvement Act upgrades hunting
and fishing to a priority use * * *''. Each refuge manager gives the
decision to allow hunting on a particular refuge rigorous examination.
A Comprehensive Conservation Plan (CCP), a 15-year plan for the refuge,
is generally the first step a refuge manager takes. Our policy for
managing units of the Refuge System is that we will manage all refuges
in accordance with an approved CCP which, when implemented, will
achieve refuge purposes; help fulfill the Refuge System mission;
maintain and, where appropriate, restore the ecological integrity of
each refuge and the Refuge System; help achieve the goals of the
National Wilderness Preservation System; and meet other mandates. The
CCP will guide management decisions and set forth goals, objectives,
and strategies to accomplish these ends. The next step for refuge
managers is step-down plans, of which hunting would be one step-down
plan. Part of the process for opening a refuge to hunting after
completing the step-down plan would be appropriate compliance with the
National Environmental Policy Act (NEPA), typically an environmental
assessment accompanied by the appropriate decision documentation
(Record of Decision, Finding of No Significant Impact, or an
Environmental Action Memorandum or Statement). The CCP, hunt plan, and
NEPA all receive public comment as does the proposed rule, before the
final rule is published in the Federal Register. After publication of
the final rule, we allow hunting on a refuge.
In sum, this illustrates that the decision to allow hunting on a
national wildlife refuge is not a quick or simple process. It is full
of deliberation and discussion, including review of all available data
to determine the relative health of a population before we allow it to
be hunted. In the case of migratory game bird hunting, the Service
annually prescribes frameworks for dates and times when migratory bird
hunting may occur in the United States, and the number of birds that
hunters may take and possess. We write these regulations after giving
due regard to the zones of temperature and to the distribution,
abundance, economic value, breeding habits, and times and lines of
migratory flight of such birds, and we update the information annually.
Under the Migratory Bird Treaty Act (16 U.S.C. 703-712), Congress
authorized the Secretary of the Interior to determine when ``hunting,
taking, capture, killing, possession, sale, purchase, shipment,
transportation, carriage, or export of any * * * bird, or any part,
nest, or egg'' of migratory game birds can take place, and to adopt
regulations for this purpose. The Secretary of the Interior delegated
this responsibility to the Service as the lead Federal agency for
managing and conserving migratory birds in the United States.
Because the Service is required to take abundance of migratory
birds and other factors into consideration, we undertake a number of
surveys throughout the year in conjunction with the Canadian Wildlife
Service, State and Provincial wildlife management agencies, and others.
To determine the appropriate frameworks for each species, we consider
factors such as population size and trend, geographical distribution,
annual breeding effort, the condition of breeding and wintering
habitat, the number of hunters, and the anticipated harvest. After we
establish frameworks for season lengths, bag limits, and areas for
migratory bird hunting, migratory game bird management becomes a
cooperative effort of State and Federal Governments. After Service
establishment of final frameworks for hunting seasons, the States may
select season dates, bag limits, and other regulatory options for the
hunting seasons.
As discussed in the Cumulative Impacts Report that we posted on
http://www.regulations.gov under Docket No. FWS-R9-NSR-2011-0038, along
with the proposed rule on the day of publication (July 5, 2011), we
took a look at the cumulative impact that the 2011-2012 proposed rule
would have on migratory birds, resident wildlife, nonhunted migratory
and resident wildlife, threatened and endangered species, habitats and
plant resources, other wildlife-dependent recreational uses, physical
resources (air, water, soils), cultural resources, refuge facilities,
solitude, and cumulative socioeconomic impacts.
This rule proposes to expand migratory bird hunting on five
refuges. Collectively, we estimate that this proposed hunting action
will result in the take of 2,450 ducks or .019 percent of the estimated
national harvest and the take of 650 geese or .02 percent of the
estimated national harvest. In short, we project that harvests of these
species on the five refuges will constitute an extremely minor
component of the national harvests.
We allow hunting of resident wildlife on national wildlife refuges
only if such activity has been determined compatible with the
established purpose(s) of the refuge and the mission of the Refuge
System as required by the Administration Act. Hunting of resident
wildlife on national wildlife refuges generally occurs consistent with
State regulations, including seasons and bag limits. Refuge-specific
hunting regulations can be more restrictive (but not more liberal) than
State regulations and often are in order to help meet specific refuge
objectives. These include resident wildlife population and habitat
objectives, minimizing disturbance impacts to wildlife, maintaining
high-quality opportunities for hunting and other wildlife-dependent
recreation, eliminating or minimizing conflicts with other public uses
and/or refuge management activities, and protecting public safety.
The proposed actions involving resident wildlife hunting include
three refuges allowing this type of hunting for the first time and
expanding this type of hunting on six refuges. Please consult the
Cumulative Impacts Report at the site referenced above for more in-
depth discussion, but in sum, none of the known, estimated or projected
harvests of big game, small or upland game species resulting from the
proposed hunting activities on refuges were determined or expected to
have
[[Page 56059]]
significant adverse direct, indirect or cumulative impacts to any big
game, small, or upland wildlife population.
The Migratory Bird Conservation Act of 1929 (16 U.S.C. 715 et seq.)
authorizes acquisition of refuges as ``inviolate sanctuaries'' where
the birds could rest and reproduce in total security. In 1949, this
``inviolate sanctuary'' concept was modified by an amendment to the
Migratory Bird Hunting and Conservation Stamp Act which permitted
hunting on up to 25 percent of each inviolate refuge. Another amendment
to the Migratory Bird Hunting and Conservation Stamp Act in 1958
increased the total area of an inviolate refuge that could be opened
for hunting to up to 40 percent.
Whether an area is an inviolate sanctuary is a function of the
mechanism of its creation. If a refuge was acquired as an inviolate
sanctuary, only 40 percent of the refuge area may be opened at one time
for hunting of migratory game birds. However, if the refuge was not
acquired as an inviolate sanctuary, 100 percent of the refuge area may
be opened for hunting.
The Fish and Wildlife Improvement Act of 1978 amended section 6 of
the National Wildlife Refuge System Administration Act of 1966 (16
U.S.C. 668dd) to provide for the opening of all or any portion of an
inviolate sanctuary to the taking of migratory birds if taking is
determined to be beneficial to the species. Such opening of more than
40 percent of the inviolate sanctuary to hunting is determined by
species. This amendment refers to inviolate sanctuaries created in the
past or to be created in the future. It has no application to areas
acquired for other management purposes.
Most refuge hunt programs have established refuge-specific
regulations to improve the quality of the hunting experience as well as
provide for quality wildlife-dependent experiences for other users.
Refuge visitor use programs are adjusted, as needed to eliminate or
minimize conflicts between users. Virtually all of the refuges open to
hunting and other wildlife-dependent recreational uses use time and
space zoning as an effective method to reduce conflicts between hunting
and other uses. Eliminating or restricting overlap between hunt areas
and popular areas from other wildlife-dependent recreation allows
opportunity for other users to safely enjoy the refuge in nonhunted
areas during hunting seasons. Restrictions on the number of hunters and
the time in which they could hunt are also frequently used to minimize
conflicts between user groups. Public outreach accompanying the opening
of hunting seasons is frequently used to make other wildlife-dependent
recreational users aware of the seasons and minimize conflicts. We made
no changes to the regulations as a result of this comment.
Effective Date
This rule is effective upon publication in the Federal Register. We
have determined that any further delay in implementing these refuge-
specific hunting and sport fishing regulations would not be in the
public interest, in that a delay would hinder the effective planning
and administration of the hunting and fishing programs. We provided a
30-day public comment period for the July 5, 2011, proposed rule. An
additional delay would jeopardize holding the hunting and/or fishing
programs this year or shorten their duration and thereby lessen the
management effectiveness of this regulation. This rule does not impact
the public generally in terms of requiring lead time for compliance.
Rather it relieves restrictions in that it allows activities on refuges
that we would otherwise prohibit. Therefore, we find good cause under 5
U.S.C. 553(d)(3) to make this rule effective upon publication.
Amendments to Existing Regulations
This document codifies in the Code of Federal Regulations
amendments to 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. This
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
--------------------------------------------------------------------------------------------------------------------------------------------------------
National Wildlife Refuge State Migratory bird hunting Upland game 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
[[Page 56060]]
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 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'').
Regulatory Planning and Review
The Office of Management and Budget (OMB) has determined that this
rule is not significant under Executive Order 12866 (E.O. 12866). OMB
bases its determination on the following four criteria:
(a) Whether the rule will have an annual effect of $100 million or
more on the economy or adversely affect an economic sector,
productivity, jobs, the environment, or other units of the government.
(b) Whether the rule will create inconsistencies with other Federal
agencies' actions.
(c) Whether the rule will materially affect entitlements, grants,
use fees, loan programs, or the rights and obligations of their
recipients.
(d) Whether the rule raises novel legal or policy issues.
Regulatory Flexibility Act
Under the Regulatory Flexibility Act (as amended by the Small
Business Regulatory Enforcement Fairness Act [SBREFA] of 1996) (5
U.S.C. 601 et seq.), whenever a Federal agency is required to publish a
notice of rulemaking for any proposed or final rule, it must prepare
and make available for public comment a regulatory flexibility analysis
that describes the effect of the rule on small entities (i.e., small
businesses, small organizations, and small government jurisdictions).
However, no regulatory flexibility analysis is required if the head of
an agency certifies that the rule would not have a significant economic
impact on a substantial number of small entities. Thus, for a
regulatory flexibility analysis to be required, impacts must exceed a
threshold for ``significant impact'' and a threshold for a
``substantial number of small entities.'' See 5 U.S.C. 605(b). SBREFA
amended the Regulatory Flexibility Act to require Federal agencies to
provide a statement of the factual basis for certifying that a rule
would not have a significant economic impact on a substantial number of
small entities.
This rule adds 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.
Table 2--Estimated Change in Recreation Opportunities in 2011/2012
------------------------------------------------------------------------
Additional Additional
Refuge user 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
[[Page 56061]]
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 maximum Addition as % Establishments Establ. with
Refuge/county(ies) in 2007 (2010 addition from of total in 2008 <10 emp in
$ ) new activities 2008
----------------------------------------------------------------------------------------------------------------
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
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
rule, it is unlikely that a substantial number of small entities will
have more than a small impact from the spending change near the
affected refuges. Therefore, we certify that this rule will not have a
significant economic effect on a substantial number of small entities
as defined under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.).
An initial/final Regulatory Flexibility Analysis is not required.
Accordingly, a Small Entity Compliance Guide is not required.
Small Business Regulatory Enforcement Fairness Act
The rule is not a major rule under 5 U.S.C. 804(2), the Small
Business Regulatory Enforcement Fairness Act. We anticipate no
significant
[[Page 56062]]
employment or small business effects. This rule:
a. Will not have an annual effect on the economy of $100 million or
more. The minimal impact will be scattered across the country and will
most likely not be significant in any local area.
b. Will not cause a major increase in costs or prices for
consumers; individual industries; Federal, State, or local government
agencies; or geographic regions. This rule will have only a slight
effect on the costs of hunting opportunities for Americans. If the
substitute sites are farther from the participants' residences, then an
increase in travel costs will occur. The Service does not have
information to quantify this change in travel cost but assumes that,
since most people travel less than 100 miles to hunt, the increased
travel cost will be small. We do not expect this rule to affect the
supply or demand for hunting opportunities in the United States and,
therefore, it should not affect prices for hunting equipment and
supplies, or the retailers that sell equipment.
c. Will not have significant adverse effects on competition,
employment, investment, productivity, innovation, or the ability of
United States-based enterprises to compete with foreign-based
enterprises. This rule represents only a small proportion of
recreational spending at national wildlife refuges. Therefore, this
rule will have no measurable economic effect on the wildlife-dependent
industry, which has annual sales of equipment and travel expenditures
of $72 billion nationwide.
Unfunded Mandates Reform Act
Since this rule applies to public use of federally owned and
managed refuges, it will not impose an unfunded mandate on State,
local, or Tribal governments or the private sector of more than $100
million per year. The rule will not have a significant or unique effect
on State, local, or Tribal governments or the private sector. A
statement containing the information required by the Unfunded Mandates
Reform Act (2 U.S.C. 1531 et seq.) is not required.
Takings (E.O. 12630)
In accordance with E.O. 12630, this rule does not have significant
takings implications. This regulation affects only visitors at national
wildlife refuges and describes what they can do while they are on a
refuge.
Federalism (E.O. 13132)
As discussed in the Regulatory Planning and Review and Unfunded
Mandates Reform Act sections above, this rule does not have sufficient
Federalism implications to warrant the preparation of a federalism
summary impact statement under E.O. 13132. In preparing this rule, we
worked with State governments.
Civil Justice Reform (E.O. 12988)
In accordance with E.O. 12988, the Office of the Solicitor has
determined that the rule does not unduly burden the judicial system and
that it meets the requirements of sections 3(a) and 3(b)(2) of the
Order. The regulation clarifies established regulations and will 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 rule increases activities at
nine refuges and opens 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 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 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
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
[[Page 56063]]
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 NE. 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, 5600 American Blvd. West, Suite 990,
Bloomington, MN 55437; 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 amend title 50,
chapter I, subchapter C of the Code of Federal Regulations as follows:
PART 32--[AMENDED]
0
1. The authority citation for part 32 continues to read as follows:
Authority: 5 U.S.C. 301; 16 U.S.C. 460k, 664, 668dd-668ee, and
715i.
0
2. Amend Sec. 32.7 ``What refuge units are open to hunting and/or
sport fishing?'' by:
0
a. Adding, in alphabetical order, ``Crane Meadows National Wildlife
Refuge'' in the State of Minnesota;
0
b. Removing the entry for ``Coldwater National Wildlife Refuge'' and
adding in alphabetical order an entry for ``Coldwater River National
Wildlife Refuge'' in the State of Mississippi;
0
c. Adding, in alphabetical order, ``Tishomingo Wildlife Management
Unit'' in the State of Oklahoma; and
0
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.
0
3. Amend Sec. 32.20 Alabama by:
0
a. Revising paragraph B.8. under Choctaw National Wildlife Refuge; and
0
b. Revising the entry for Eufaula National Wildlife Refuge.
The revisions read as follows:
Sec. 32.20 Alabama.
* * * * *
Choctaw National Wildlife Refuge
* * * * *
B. Upland Game Hunting. * * *
* * * * *
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\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.
[[Page 56064]]
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\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.
* * * * *
0
4. Amend Sec. 32.22 Arizona by revising paragraph D.6.i. under Havasu
National Wildlife Refuge to read as follows:
Sec. 32.22 Arizona.
* * * * *
Havasu National Wildlife Refuge
* * * * *
D. Sport Fishing. * * *
* * * * *
6. * * *
i. We prohibit entry of all motorized watercraft in all three bays
as indicated by signs or regulatory buoys.
* * * * *
0
5. Amend Sec. 32.23 Arkansas by:
0
a. Revising paragraph A.22., adding paragraph A.23., revising paragraph
B.1., adding paragraph B.12., and revising paragraphs C.1. and D.1.
under Bald Knob National Wildlife Refuge;
0
b. Revising paragraph B.15., adding paragraphs B.17. and B.18., and
revising paragraph C.1., the introductory text of paragraph D., and
D.1. under Big Lake National Wildlife Refuge;
0
c. Adding paragraphs A.22. and A.23., revising paragraph B.1., adding
paragraph B.12., and revising paragraphs C.1. and D.1. under Cache
River National Wildlife Refuge;
0
d. Revising paragraphs B.4., C.5., C.6., and C.13. under Felsenthal
National Wildlife Refuge;
0
e. Revising paragraph B.4. under Overflow National Wildlife Refuge;
0
f. Revising paragraph B.4. under Pond Creek National Wildlife Refuge;
0
g. Removing paragraph A.3., redesignating paragraphs A.4. through A.11.
as paragraphs A.3. through A.10., revising newly redesignated paragraph
A.10., adding new paragraph A.11., revising paragraph B.1., adding
paragraph B.9, and revising paragraphs C.1. and D.1. under Wapanocca
National Wildlife Refuge; and
0
h. Revising paragraph B.2., C.5., C.12., and C.19. under White River
National Wildlife Refuge.
The additions and revisions read as follows:
Sec. 32.23 Arkansas.
* * * * *
Bald Knob National Wildlife Refuge
A. Migratory Game Bird Hunting. * * *
* * * * *
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. Upland Game Hunting. * * *
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. Big Game Hunting.* * *
1. Conditions A1, A5, A10 through A12, A16 through A23, and B8
through B12 apply.
* * * * *
D. Sport Fishing. * * *
1. Conditions A10, A18 through A23, B11, and C16 apply.
* * * * *
Big Lake National Wildlife Refuge
* * * * *
B. Upland Game Hunting. * * *
* * * * *
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, parking areas, and fishing piers/observation
decks.
* * * * *
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. Big Game Hunting.* * *
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. Migratory Game Bird Hunting. * * *
* * * * *
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
[[Page 56065]]
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. Upland Game Hunting. * * *
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. Big Game Hunting. * * *
1. Conditions A1, A5, A9 through A11, A15 through A23, B6 through
B9, B11, and B12 apply.
* * * * *
D. Sport Fishing. * * *
1. Conditions A9, A17, A19, A21 through A23, and B11 apply.
* * * * *
Felsenthal National Wildlife Refuge
* * * * *
B. Upland Game Hunting. * * *
* * * * *
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. Big Game Hunting. * * *
* * * * *
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. Upland Game Hunting. * * *
* * * * *
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. Upland Game Hunting. * * *
* * * * *
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. Migratory Game Bird Hunting. * * *
* * * * *
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, parking areas, and fishing piers/
observation decks.
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. Upland Game Hunting. * * *
1. Conditions A1 through A11 apply.
* * * * *
9. We prohibit transportation, possession, or release of live hog
on the refuge.
C. Big Game Hunting. * * *
1. Conditions A1 through A11, B4, and B6 through B9 apply.
* * * * *
D. Sport Fishing. * * *
1. Conditions A3, A5, A9 through A11, B6, and B7 apply. We allow
fishing from March 1 through October 31 from [frac12] hour before legal
sunrise to [frac12] hour after legal sunrise.
* * * * *
White River National Wildlife Refuge
* * * * *
B. Upland Game Hunting. * * *
* * * * *
2. We allow hunting of rabbit and squirrel on the North Unit from
September 1 until February 28.
C. Big Game Hunting. * * *
* * * * *
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.
* * * * *
0
6. Amend Sec. 32.25 Colorado by revising the entry for 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:
[[Page 56066]]
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).
* * * * *
0
7. Amend Sec. 32.28 Florida by:
0
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;
0
b. Revising paragraph A. and D.1., and adding paragraph D.17. under
Merritt Island National Wildlife Refuge;
0
c. Adding paragraph A.4. and revising paragraphs B.4. and D.10. under
St. Marks National Wildlife Refuge;
0
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
0
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.).
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 (State 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
[[Page 56067]]
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.
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,
[[Page 56068]]
possess, and carry a refuge Special Use Permit (FWS Form 3-1383).
* * * * *
0
8. Amend Sec. 32.29 Georgia by:
0
a. Revising paragraphs C.1., C.9., C.11., and C.13., and adding
paragraph C.20. under Blackbeard Island National Wildlife Refuge:
0
b. Revising paragraphs C.3., C.9., C.11., and C.12., and adding
paragraph C.20. under Harris Neck National Wildlife Refuge;
0
c. Revising paragraphs C.5., C.7., C.10., C.11., and adding paragraph
C.12. under Savannah National Wildlife Refuge; and
0
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.
* * * * *
21. We prohibit the use of trail or game cameras.
* * * * *
0
9. Amend Sec. 32.32 Illinois by:
0
a. Revising the entry for Crab Orchard National Wildlife Refuge; and
0
b. Revising paragraphs B.3. and D.3. under Port Louisa National
Wildlife Refuge.
The revisions 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
[[Page 56069]]
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 Special Use
Permit (FWS Form 3-1383G or 3-1383C).
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 ``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.
* * * * *
0
10. Amend Sec. 32.33 Indiana 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).
* * * * *
[[Page 56070]]
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 during the first 2 weeks of
the season.
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.
* * * * *
0
11. Amend Sec. 32.34 Iowa by:
0
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
0
b. Revising the entry for Northern Tallgrass Prairie National Wildlife
Refuge.
The 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 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 of this chapter).
3. Conditions A5, A7, and A8 apply.
D. Sport Fishing. [Reserved]
* * * * *
0
12. Amend Sec. 32.36 Kentucky by revising paragraphs A.11. and B.6.
under Clarks River National Wildlife Refuge to read as follows:
Sec. 32.36 Kentucky.
* * * * *
Clarks River National Wildlife Refuge
A. Migratory Game Bird Hunting. * * *
* * * * *
11. We prohibit the use of any electronic call or other electronic
device used for producing or projecting vocal sounds of any wildlife
species with the exception of electronic calls used during the refuge
coyote hunt starting at legal sunrise on the first Monday following the
end of deer archery season and closing at legal sunset on the Friday 2
weeks prior to the beginning of youth turkey season.
* * * * *
B. Upland Game Hunting. * * *
* * * * *
6. You may hunt coyote under Statewide regulations starting at
legal sunrise on the first Monday following the end of deer archery
season and closing at legal sunset on the Friday 2 weeks prior to the
beginning of youth turkey season. Hunters may also take coyote during
any daytime refuge hunt for other wildlife species with weapons,
ammunition, and equipment legal for that species only.
* * * * *
0
13. Amend Sec. 32.37 Louisiana by:
0
a. Revising paragraphs A.1., C.2., and C.12. under Bayou Cocodrie
National Wildlife Refuge;
0
b. Revising paragraphs A., D.2., and D.6. through D.8., and removing
paragraph D.10. under Bayou Sauvage National Wildlife Refuge;
[[Page 56071]]
0
c. Revising the introductory text of paragraph A., revising paragraphs
A.2., A.3., A.7., C.2., and C.3. under Bayou Teche National Wildlife
Refuge;
0
d. Revising the introductory text of paragraph A., revising paragraphs
A.7., B.1., B.4., and D.6. under Big Branch Marsh National Wildlife
Refuge;
0
e. Revising paragraphs A.6. through A.8. and A10. through A.15., adding
paragraphs A.16. and A.17., revising paragraphs B., C.1., C.3., C.8.,
and D.2. under Bogue Chitto National Wildlife Refuge;
0
f. Revising paragraphs A.12., and C.2. through C.4., adding paragraphs
C.5. and C.6. under Cameron Prairie National Wildlife Refuge;
0
g. Revising paragraph A.11. under Delta National Wildlife Refuge;
0
h. Revising paragraphs A.4. and B.2. under Grand Cote National Wildlife
Refuge;
0
i. Revising paragraphs A.14. and C.2. through C.8., adding paragraph
C.9., revising paragraphs D.1. and D.10. through D.14., and adding
paragraphs D.15. through D.18. under Lacassine National Wildlife
Refuge;
0
j. Revising paragraphs A.2. under Lake Ophelia National Wildlife
Refuge;
0
k. Revising the introductory text of paragraph A., revising paragraphs
A.3., A.4., and A.6., adding paragraphs A.8. through A.12., revising
paragraphs C.1. and C.4. through C.6., adding paragraphs C.7. and C.8.,
and revising paragraph D.5. under Mandalay National Wildlife Refuge;
0
l. Revising paragraph A.10. under Red River National Wildlife Refuge;
and
0
m. Revising paragraph A.16. under Sabine National Wildlife Refuge.
The additions and revisions read as follows:
Sec. 32.37 Louisiana.
* * * * *
Bayou Cocodrie National Wildlife Refuge
A. Migratory Game Bird Hunting. * * *
1. We require a $15 annual Public Use Permit (signature required)
for all hunters and anglers age 16 and older. We waive the fee for
individuals age 60 and older. The user must sign and carry the permit.
* * * * *
C. Big Game Hunting. * * *
* * * * *
2. The bag limit is one antlered or one antlerless deer per day.
Hunters must check out each deer harvested according to the
instructions posted at a designated check station prior to leaving the
refuge. The State season limit and tagging regulations apply.
* * * * *
12. There is a $5 application fee per person for the lottery gun
hunt application.
* * * * *
Bayou Sauvage National Wildlife Refuge
A. Migratory Game Bird Hunting. We allow hunting of migratory game
birds (duck and goose) on designated areas of the refuge in accordance
with State regulations subject to the following conditions:
1. We consider all waterfowl and coot hunting to be youth hunts.
Youths, age 15 or younger, must accompany an adult age 21 or older. The
youth must be capable of and must actively participate in such hunt by
the possession and/or firing of a legal weapon during such hunt for the
express purpose of harvesting game.
2. Each adult may supervise no more than two youths, and no more
than one adult may supervise each youth during the course of any hunt.
Youth must remain within normal voice contact of the adult who is
supervising them. Adults accompanying youth on refuge hunts may
participate by hunting but may not harvest more than their own daily
bag limit. Youth must harvest their own bag limits.
3. We allow waterfowl (ducks, geese) and coot hunting until 12 p.m.
(noon) on Thursday, Friday, Saturday, and Sunday, including early teal
season, youth waterfowl hunt season, or other such special seasons
which may be promulgated by law or statute. We shall close the refuge
to waterfowl and coot hunting during any segment of goose season that
extends beyond the regular duck season.
4. Hunters may not enter the refuge prior to 4 a.m. on the day of
the hunt and must exit the refuge with all equipment and materials (see
Sec. 27.93 of this chapter) no later than 1 p.m.
5. We only allow hunting on those portions of the refuge that lie
outside of the confines of the hurricane protection levee system.
6. Specific State regulations apply during the State Youth
Waterfowl Hunting Days (i.e., adults may not hunt), except adults must
be age 21 or older.
7. Hunters must possess and carry a valid refuge hunt permit
(signed brochure).
8. We allow dogs only to locate, point, and retrieve while hunting.
9. We allow only nontoxic shot while hunting (see Sec. 32.2(k)).
10. We prohibit hunting within 500 feet (150 m) of any residence or
structure adjacent to the refuge; and we prohibit hunting within 200
feet (60 m) of any road, railroad, levee, water control structure,
designated public use trail, designated parking area, and other
designated public use facilities.
11. We require hunters to comply with State regulations regarding
the completion of a Hunter Safety Course.
12. Persons possessing, transporting, or carrying firearms on
national wildlife refuges must comply with all provisions of State and
local law. Persons may only use (discharge) firearms in accordance with
refuge regulations (see Sec. 27.42 of this chapter and specific refuge
regulations in part 32).
13. We prohibit air-thrust boats, aircraft, mud boats, and air-
cooled propulsion engines on the refuge.
14. We prohibit motorized vehicles on all levees.
15. We prohibit any person or group to act as a hunting/angling
guide, outfitter, or in any other capacity that any other individual(s)
pays or promises to pay directly or indirectly for services rendered to
any other person or persons hunting/angling on the refuge, regardless
of whether such payment is for guiding, outfitting, lodging, or club
membership.
16. We prohibit the use of open fires.
17. We prohibit camping.
18. We prohibit target shooting on the refuge.
19. We prohibit the use of any type of material used as flagging or
trail markers, except bright eyes.
* * * * *
D. Sport Fishing. * * *
* * * * *
2. We allow sport fishing and shell fishing year-round on
designated areas of the refuge and only after 12 p.m. in the waterfowl
hunting areas during the State waterfowl hunting season. We close the
remainder of the refuge from November 1 through January 31.
* * * * *
6. We prohibit feeding of any wildlife within the refuge.
7. We prohibit all commercial finfishing and shell fishing.
8. Conditions A12 through A19 apply.
* * * * *
Bayou Teche National Wildlife Refuge
A. Migratory Game Bird Hunting. We allow hunting of migratory game
birds and waterfowl on designated areas of the refuge in accordance
with State regulations subject to the following conditions:
* * * * *
2. We prohibit hunting in and/or shooting into or across any
agricultural field, roadway, or canal.
[[Page 56072]]
3. An adult at least age 21 must supervise youth hunters age 15 and
younger during all hunts. One adult may supervise two youths during
small game hunts and migratory bird hunts but may supervise only one
youth during big game hunts. Youth must remain within normal voice
contact of the adult who is supervising them. Parents or adult
guardians are responsible for ensuring that hunters under age 16 do not
engage in conduct that would constitute a violation of refuge
regulations.
* * * * *
7. We prohibit parking, walking, or hunting within 150 feet (45 m)
of any active oil well site, production facility, or equipment. We also
prohibit hunting within 150 feet (45 m) of any public road, refuge
road, building, residence, or designated public facility.
* * * * *
C. Big Game Hunting. * * *
* * * * *
2. We allow archery deer hunting from the start of the State
archery season until January 31. Hunters may take deer of either sex in
accordance with State-approved archery equipment and regulations. The
State season limits apply. The following units are open to archery deer
hunting: Centerville, Bayou Sale, North Bend East, North Bend West, and
Garden City. We close refuge archery hunting on those days that the
refuge deer gun hunts occur.
3. We allow hunting only in the Centerville, Garden City, Bayou
Sale, North Bend East, and North Bend West Units. We do not open the
Bayou Sale Unit for all big game firearm hunts.
* * * * *
Big Branch Marsh National Wildlife Refuge
A. Migratory Game Bird Hunting. We allow hunting of duck, coot,
goose, snipe, rail, gallinule, and woodcock on designated areas of the
refuge during the State season for those species in accordance with
State regulations subject to the following conditions:
* * * * *
7. An adult age 21 or older must supervise youth hunters age 15 or
younger during all hunts. One adult may supervise two youths during
small game and migratory bird hunts but may supervise only one youth
during big game hunts. Youth must remain within normal voice contact of
the adult who is supervising them. Parents or adult guardians are
responsible for ensuring that hunters under age 16 do not engage in
conduct that would constitute a violation of refuge regulations.
* * * * *
B. Upland Game Hunting. * * *
1. We allow upland game hunting during the open State season using
only approved nontoxic shot (see Sec. 32.2(k)) size 4 or smaller or
.17 or .22 caliber rimfire rifles.
* * * * *
4. Conditions A5 through A10 and A12 through A17 apply.
* * * * *
D. Sport Fishing. * * *
* * * * *
6. Conditions A6, A8, A9, and A13 (angling guides) through A17
apply.
* * * * *
Bogue Chitto National Wildlife Refuge
A. Migratory Game Bird Hunting. * * *
* * * * *
6. An adult at least age 21 must supervise youth hunters age 15 or
younger during all hunts. One adult may supervise two youths during
small game hunts and migratory bird hunts but may supervise only one
youth during big game hunts. Youth must remain within normal voice
contact of the adult who is supervising them. Parents or adult
guardians are responsible for ensuring that hunters under age 16 do not
engage in conduct that would constitute a violation of refuge
regulations.
7. We prohibit hunting within 150 feet (45 m) from the centerline
of any public road, refuge road, designated or maintained trail,
building, residence, designated public facility, or from or across
aboveground oil or gas or electric facilities. We prohibit hunting in
refuge-designated closed areas, which we post on the refuge and
identify in the refuge hunt permits (see Sec. 27.31 of this chapter).
8. For the purpose of hunting, we prohibit possession of slugs,
buckshot, rifle, or pistol ammunition unless otherwise specified.
* * * * *
10. We prohibit any person or group to act as a hunting guide,
outfitter, or in any other capacity that any other individual(s) pays
or promises to pay directly to indirectly for services rendered to any
other person or persons hunting on the refuge, regardless of whether
such payment is for guiding, outfitting, lodging, or club membership.
11. We prohibit horses, trail cameras, and ATVs.
12. You may possess only approved nontoxic shot while hunting on
the refuge (see Sec. 32.2(k)).
13. We prohibit the use of any type of material used as flagging or
trail markers, except bright eyes.
14. We prohibit the use or possession of alcohol while hunting (see
Sec. 32.2(j)).
15. We prohibit possession or distribution of bait while in the
field and hunting with the aid of bait, including any grain, salt,
minerals, or any nonnaturally occurring food attractant, on the refuge
(see Sec. 32.2(h)).
16. We prohibit target shooting on the refuge.
17. Persons possessing, transporting, or carrying firearms on
national wildlife refuges must comply with all provisions of State and
local law. Persons may only use (discharge) firearms in accordance with
refuge regulations (see Sec. 27.42 of this chapter and specific refuge
regulations in part 32).
B. Upland Game Hunting. We allow hunting of squirrel, rabbit,
raccoon, and opossum on designated areas of the refuge in accordance
with State regulations subject to the following conditions:
1. We allow use of dogs for rabbit, squirrel, raccoon, and opossum
on specific dates listed in the refuge hunt brochure.
2. We will close the refuge to hunting (except waterfowl) and
camping when the Pearl River reaches 15.5 feet (4.65 m) on the Pearl
River Gauge at Pearl River, Louisiana.
3. We prohibit the take of feral hog during any upland game hunts.
4. All hunters (including archery hunters and small game hunters)
except waterfowl hunters must wear and display 400 square inches (2,600
cm\2\) of unbroken hunter orange as the outermost layer of clothing on
the chest and back and a hunter-orange cap during deer gun, primitive
firearm, and special temporary hog gun seasons. We require hunters
participating in dog season for squirrels and rabbits to wear a hunter-
orange cap. All other hunters, including archers (while on the ground),
except waterfowl hunters also must wear a hunter-orange cap during the
dog season for squirrels and rabbits. Deer hunters hunting from
concealed ground blinds must display a minimum of 400 square inches
(2,600 cm\2\) of hunter orange above or around their blinds which is
visible from 360 degrees.
5. Conditions A5 through A17 apply, except you may use .17- and
.22-caliber rifles, and the nontoxic shot in your possession while
hunting must be size 4 or smaller.
C. Big Game Hunting. * * *
1. Conditions A5 through A11, A13 through A17, B2, B4, and B5
(except A12) apply.
* * * * *
3. We allow archery deer and hog hunting during the open State deer
[[Page 56073]]
archery season. You may take deer of either sex in accordance with
State-approved archery equipment and regulations. The State season
limits apply.
* * * * *
8. You may take hog as incidental game while participating in the
refuge archery, primitive weapon, and general gun deer hunts except
where specified otherwise. We list specific dates for the special hog
hunts in January, February, and March in the refuge hunt brochure.
During the special hog hunts in February you must use trained hog-
hunting dogs to aid in the take of hog. During the special hog hunts
you may take hog from \1/2\ hour before legal sunrise until \1/2\ hour
after legal sunset, and you must use pistol or rifle ammunition not
larger than .22 caliber rimfire or shotgun with nontoxic shot to take
the hog after it has been caught by dogs. During the special temporary
experimental hog hunt in March, you may use any legal firearm. A8
applies during special hog hunts in February.
* * * * *
D. Sport Fishing. * * *
* * * * *
2. Conditions A9 and A11 apply.
* * * * *
Cameron Prairie National Wildlife Refuge
A. Migratory Game Bird Hunting. * * *
* * * * *
12. An adult at least age 21 must supervise youth hunters age 15 or
younger during all hunts. One adult may supervise two youths during
migratory bird hunts but may supervise only one youth during big game
hunts. Youth must remain within normal voice contact of the adult who
is supervising them. Parents or adult guardians are responsible for
ensuring that hunters under age 16 do not engage in conduct that would
constitute a violation of refuge regulations.
* * * * *
C. Big Game Hunting. * * *
* * * * *
2. We allow only portable deer stands. Hunters may place deer
stands on the refuge 1 day before the white-tail deer archery season
and must remove them from the refuge within 1 day after the season
closes. Hunters may place only one deer stand on the refuge, and deer
stands must have the owner's name, address, and phone number clearly
printed on the stand. Hunters must place stands in a nonhunting
position at ground level when not in use.
3. Conditions A3, A5 through A7, and A9 through A12 apply.
4. Each hunter must complete and turn in a Big Game Harvest Report
(FWS Form 3-2359) available from a self-clearing check station after
each hunt.
5. We prohibit entrance to the hunting area earlier than 4 a.m.
Hunters must leave no later than 1 hour after legal sunset.
6. We prohibit possession or distribution of bait or hunting with
the aid of bait, including any grail, salt, minerals, or other feed or
any nonnaturally occurring attractant on the refuge (see Sec.
32.2(h)).
* * * * *
Delta National Wildlife Refuge
A. Migratory Game Bird Hunting. * * *
* * * * *
11. An adult at least age 21 must supervise youth hunters age 15 or
younger during all hunts. One adult may supervise two youths during
small game and migratory game bird hunts but may supervise only one
youth during big game hunts. Youth must remain within normal voice
contact of the adult who is supervising them. Parents or adult
guardians are responsible for ensuring that hunters under age 16 do not
engage in conduct that would constitute a violation of refuge
regulations.
* * * * *
Grand Cote National Wildlife Refuge
A. Migratory Game Bird Hunting. * * *
* * * * *
4. Hunters may use shotguns and possess only approved nontoxic shot
for hunting migratory game birds.
* * * * *
B. Upland Game Hunting. * * *
* * * * *
2. We allow the use of only shotguns and rifles that are .22 magnum
caliber rimfire or less for upland game hunting. You may possess only
approved nontoxic shot in shotguns while hunting (see Sec. 32.2(k)).
* * * * *
Lacassine National Wildlife Refuge
A. Migratory Game Bird Hunting. * * *
* * * * *
14. An adult at least age 21 must supervise youth hunters age 15 or
younger during all hunts. One adult may supervise two youths during
migratory game bird hunts but may supervise only one youth during big
game hunts. Youth must remain within normal voice contact of the adult
who is supervising them. Parents or adult guardians are responsible for
ensuring that hunters under age 16 do not engage in conduct that would
constitute a violation of refuge regulations.
* * * * *
C. Big Game Hunting. * * *
* * * * *
2. We allow only portable deer stands. Hunters may place deer
stands on the refuge 1 day before the deer archery season and must
remove them from the refuge within 1 day after the season closes.
Hunters may place only one deer stand on the refuge, and deer stands
must have the owner's name, address, and phone number clearly printed
on the stand. Hunters must place stands in a nonhunting position at
ground level when not in use.
3. Conditions A2 and A5 through A14 apply.
4. We prohibit entrance to the hunting area earlier than 4 a.m.
Hunters must leave no later than 1 hour after legal sunset.
5. We prohibit hunting in the headquarters area along Nature Road
and along the Lacassine Pool Wildlife Drive (see refuge map).
6. We allow boats of all motor types with 40 hp or less in
Lacassine Pool.
7. We prohibit boats in Lacassine Pool and Unit D from October 16
through March 14. We prohibit boats in Units A and C.
8. We prohibit possession or distribution of bait or hunting with
the aid of bait, including any grain, salt minerals, or other feed or
any nonnaturally occurring attractant on the refuge (see Sec.
32.2(h)).
9. Each hunter must complete and turn in a Big Game Harvest Report
(FWS Form 3-2359) available from a self-clearing check station, after
each hunt.
D. Sport Fishing. * * *
1. Conditions A6, A7, A10, A13 (fishing guide), C6, and C7 apply.
* * * * *
10. We prohibit boat and bank fishing in Lacassine Pool, Unit D,
Streeter's Area, and refuge waters from October 16 through March 14.
11. We prohibit all boat motors, excluding trolling motors, in
refuge marshes outside Lacassine Pool. We prohibit air-thrust boats,
ATVs, and UTVs (utility vehicle) on the refuge (see Sec. 27.31(f) of
this chapter) unless otherwise allowed.
12. We prohibit all mechanized equipment, including motorized
boats, within the designated wilderness area.
13. We allow fishing only with rod and reel or pole and line in
refuge waters. We prohibit possession of any other type of fishing
gear, including limb lines, gill nets, jug lines, yo-yos, or trotlines.
[[Page 56074]]
14. We allow only recreational crabbing with cotton hand lines or
drop nets up to 24 inches (60 cm) outside diameter. We prohibit using
floats on crab lines.
15. The daily limit of crabs is 5 dozen (60) per boat or vehicle,
regardless of the number of people thereon.
16. Anglers must attend all lines, nets, and bait and remove same
from the refuge when through fishing (see Sec. 27.93 of this chapter).
17. Anglers can travel the refuge by boat from 1 hour before legal
sunrise until 1 hour after legal sunset in order to access fishing
areas. We prohibit fishing activities before legal sunrise and after
legal sunset.
18. We prohibit the taking of turtle (see Sec. 27.21 of this
chapter).
* * * * *
Lake Ophelia National Wildlife Refuge
A. Migratory Game Bird Hunting. * * *
* * * * *
2. Hunters may use shotguns and possess only approved nontoxic shot
for hunting migratory game birds.
* * * * *
Mandalay National Wildlife Refuge
A. Migratory Game Bird Hunting. We allow hunting of duck, goose,
moorhen, gallinule, and coot in designated areas of the refuge in
accordance with State regulations subject to the following conditions:
* * * * *
3. An adult at least age 21 must supervise youth hunters age 15 or
under during all hunts. One adult may supervise two youths during small
game and migratory game bird hunts. An adult may supervise only one
youth during big game hunts. Youth must remain within normal voice
contact of the adult who is supervising them. Parents or adult
guardians are responsible for ensuring that hunters under age 16 do not
engage in conduct that would constitute a violation of refuge
regulations.
4. All hunters must possess and carry a signed hunt brochure (on
the front cover) while hunting on refuge. The brochure is free and
available on at the refuge office or online at http://www.fws.gov/boguechitto/. All hunters must check-in and check out at a refuge self-
clearing check station. Each hunter must list their name on the self-
clearing check station form (Migratory Bird Hunt Report, FWS Form 3-
2361) and deposit the form at a refuge self-clearing check station
prior to hunting. Hunters must report all game taken on the refuge when
checking out by using the self-clearing check station form.
* * * * *
6. Persons possessing, transporting, or carrying firearms on
national wildlife refuges must comply with all provisions of State and
local law. Persons may only use (discharge) firearms in accordance with
refuge regulations (see Sec. 26.42 of this chapter and specific refuge
regulations in part 32). Hunters may only possess approved nontoxic
shot while hunting on the refuge (see Sec. 32.2(k)).
* * * * *
8. We prohibit possession or distribution of bait while in the
field and hunting with the aid of bait, including any grain, salt
minerals, or any nonnaturally occurring food attractant on the refuge
(see Sec. 32.2(h)).
9. We prohibit target shooting on the refuge.
10. We prohibit any person or group to act as a hunting guide,
outfitter, or in any other capacity that any other individual(s) pays
or promises to pay directly or indirectly for services rendered to any
other person or persons hunting on the refuge, regardless of whether
such payment is for guiding, outfitting, lodging, or club membership.
11. We prohibit horses and ATVs.
12. We prohibit the use of any type of material used as flagging or
trail markers except bright eyes (see Sec. 27.94 of this chapter).
* * * * *
C. Big Game Hunting. * * *
1. We open the refuge to hunting of deer and hog only during the
State archery season, except prior to 12 p.m. (noon) on Wednesdays and
Saturdays during State waterfowl seasons when we close areas north of
the Intracoastal Waterway to hunting of big game.
* * * * *
4. We prohibit trail cameras.
5. We prohibit the use of deer decoys.
6. We only allow portable stands. Hunters may erect temporary deer
stands 1 day prior to the start of deer archery season. Hunters must
remove all deer stands within 1 day after the archery deer season
closes. Hunters may place only one deer stand on a refuge. Deer stands
must have the owner's name, address, and phone number clearly printed
on the stand. Hunters must place stands in a nonhunting position when
not in use (see Sec. 27.93 and 27.94 of this chapter).
7. We prohibit dogs and driving deer.
8. Conditions A3, A4, and A6 through A12 apply.
D. Sport Fishing. * * *
* * * * *
5. Conditions A6, A7, and A9 apply.
* * * * *
Red River National Wildlife Refuge
A. Migratory Game Bird Hunting. * * *
* * * * *
10. Hunters may possess only approved nontoxic shotgun ammunition
for hunting on the refuge (see Sec. 32.2(k)).
* * * * *
Sabine National Wildlife Refuge
A. Migratory Game Bird Hunting. * * *
* * * * *
16. An adult at least age 21 must supervise youth hunters under age
16 during all hunts. One adult may supervise two youths during
migratory game bird hunts but may supervise two youths during migratory
game bird hunts. Youth must remain within normal voice contact of the
adult who is supervising them. Parents or adult guardians are
responsible for ensuring that hunters under age 16 do not engage in
conduct that would constitute a violation of refuge regulations.
* * * * *
0
14. Amend Sec. 32.38 Maine by revising paragraphs A.1., A.2., and C.3.
under Moosehorn National Wildlife Refuge to read as follows:
Sec. 32.38 Maine.
* * * * *
Moosehorn National Wildlife Refuge
A. Migratory Game Bird Hunting. * * *
1. We require every hunter to possess and carry a personally signed
Migratory Bird Hunt Application (FWS Form 3-2357). Permits and
regulations are available from the refuge in person during normal
business hours (8 a.m. to 4:30 p.m. Monday through Friday; closed on
holidays) or by contacting the Project Leader at (207) 454-7161 or by
mail (Moosehorn National Wildlife Refuge, 103 Headquarters Road,
Baring, Maine 04694).
2. You must annually complete a Migratory Bird Hunt Report (FWS
Form 3-2361) and submit it by mail or in person at the refuge
headquarters no later than 2 weeks after the close of the hunting
season in March. If you do not comply with this requirement, we may
suspend your future hunting privileges on Moosehorn National Wildlife
Refuge.
* * * * *
C. Big Game Hunting. * * *
* * * * *
3. We allow bear hunting during the State Prescribed Season.
* * * * *
[[Page 56075]]
0
15. Amend Sec. 32.39 Maryland by revising paragraphs A.1., A.9.,
A.9.iii., A.9.v., A.10.i., and A.11. through A.13., removing paragraph
A.14., revising paragraphs B.1. and B.3. through B.9., adding paragraph
B.10., revising paragraphs C.1., C.6., and C.9. through C.15., adding
paragraph C.16., revising paragraphs D.1. through D.6., D.9., removing
paragraph D.12., redesignating paragraphs D.13. through D.19. as
paragraphs D.12. through D.18., and revising newly redesignated
paragraph D.17.iii. under Patuxent Research Refuge, to read as follows:
Sec. 32.39 Maryland.
* * * * *
Patuxent Research Refuge
A. Migratory Game Bird Hunting. * * *
1. We require a Refuge Hunt Application (PRR Hunt Form 1).
We issue permits through our Cooperating Association, Meade Natural
Heritage Association (MNHA), at the refuge Hunting Control Station
(HCS). MNHA charges a fee for each permit. Contact refuge headquarters
for more information.
* * * * *
9. We prohibit hunting on or across any road (paved, gravel, dirt,
opened and/or closed) within 50 yards (45 m) of a road (paved, gravel,
dirt, opened and/or closed), within 150 yards (135 m) of any building
or shed, and within 25 yards (22.5 m) from any designated ``No
Hunting'' and ``Safety Zone'' areas, except:
* * * * *
iii. You may hunt waterfowl (goose/duck) from any refuge permanent
photo/hunt blind.
* * * * *
v. You may hunt from the roadside for waterfowl in the designated
posted portion of Wildlife Loop at Bailey Marsh.
* * * * *
10. * * *
i. You must wear a solid-colored-fluorescent-hunter orange that
must be visible 360[deg] while carrying-in and carrying-out equipment
(e.g., portable blinds).
* * * * *
11. We allow the taking of only Canada goose during the Canada
goose early resident season and late Canada goose migratory Atlantic
population seasons.
12. We prohibit hunting of goose, duck, and dove during the early
deer muzzleloader seasons that occur in October and all deer firearms
seasons including the Youth Firearms Deer Hunts.
13. We require waterfowl hunters to use retrieving dogs while
hunting duck and goose within 50 yards (45 m) of the following
impounded waters: Blue Heron Pond, Lake Allen, New Marsh, and Wood Duck
Pond.
i. We require dogs to be under the immediate control of their owner
at all times (see Sec. 26.21(b) of this chapter).
ii. Law enforcement officers may seize or dispatch dogs running
loose or unattended (see Sec. 28.43 of this chapter).
B. Upland Game Hunting. * * *
1. Conditions A1 through A10i apply.
* * * * *
3. We prohibit hunting of upland game during the deer muzzleloader
and firearms seasons, including the Youth Firearms Deer Hunts.
4. We prohibit the use of dogs to hunt upland game.
5. Spring turkey hunters are exempt from wearing the hunter orange.
6. We allow the use of a bow and arrow for turkey hunting.
7. We require turkey hunters to use 4, 5, or
6 nontoxic shot or vertical bows.
8. We select turkey hunters by a computerized lottery for youth,
disabled, mobility impaired, and general public hunts. We require
documentation for disabled and mobility-impaired hunters.
9. We require turkey hunters to show proof they have attended a
turkey clinic sponsored by the National Wild Turkey Federation.
10. We require turkey hunters to pattern their weapons prior to
hunting. Contact refuge headquarters for more information.
C. Big Game Hunting. * * *
1. Conditions A1 through A10i apply.
* * * * *
6. We require bow hunters to wear a minimum of 250 square inches
(1,625 cm\2\) of fluorescent orange when moving to and from the deer
stand or their hunting spot and while tracking or dragging out their
deer. We do not require bow hunters to wear solid-colored-fluorescent
hunter orange when positioned to hunt except during the North Tract
Youth Firearms Deer Hunts, the muzzleloader seasons, and the firearms
seasons, when they must wear it at all times.
* * * * *
9. You must use portable tree stands that are at least 10 feet (3
m) off the ground and equipped with a full-body safety harness while
hunting at Schafer Farm, Central Tract, and South Tract. You must wear
the full-body safety harness while in the tree stand. We will make
limited accommodations for disabled hunters for Central Tract lottery
hunts.
10. We allow the use of ground blinds on North Tract only.
11. We prohibit the use of dogs to hunt or track wounded bear.
12. If you wish to track wounded deer beyond 1\1/2\ hours after
legal sunset, you must gain consent from a refuge law enforcement
officer. We prohibit tracking 2\1/2\ hours after legal sunset. You must
make a reasonable effort to retrieve the wounded deer. This may include
next-day tracking except Sundays and Federal holidays.
13. We prohibit deer drives or anyone taking part in any deer
drive. We define a ``deer drive'' as an organized or planned effort to
pursue, drive chase, or otherwise frighten or cause deer to move in the
direction of any person or persons who are part of the organized or
planned hunt and known to be waiting for the deer. We also prohibit
organized deer drives without a standing hunter.
14. North Tract: We allow shotgun, muzzleloader, and bow hunting in
accordance with the following: Conditions C1 through C13 apply.
15. Central Tract: Headquarters/MR Lottery Hunt: We only allow
shotgun and bow hunting in accordance with the following: Conditions C1
through C13 apply (except C3i).
16. South Tract: We allow shotgun, muzzleloader, and bow hunting in
accordance with the following:
i. Conditions C1 through C13 apply.
ii. You must access South Tract hunting areas A, B, and C off
Springfield Road through the Old Beltsville Airport; and South Tract
hunting area D from MD Rt. 197 through Gate 4. You must park
in designated parking areas.
iii. We prohibit driving or parking along the entrance and exit
roads to and from the National Wildlife Visitor Center, and parking in
the visitor center parking lot when checked in to hunt any area.
D. Sport Fishing. * * *
1. We require all anglers, age 16 and older, to present their
current Maryland State fishing license and complete the Fishing/
Shrimping/Crabbing Application (FWS Form 3-2358). Anglers age 18 and
older will receive a free Patuxent Research Refuge Fishing Vehicle
Parking Pass. Organized groups must complete the Fishing/Shrimping/
Crabbing Application (FWS Form 3-2358), and the group leader must stay
with the group at all times while fishing.
2. We publish the Refuge Fishing Regulations, which includes the
daily and yearly creel limits and fishing dates, in early January. We
provide a copy of
[[Page 56076]]
the regulations with your free Fishing Vehicle Parking Pass, and we
require you to know the specific fishing regulations.
3. Anglers must carry a copy of their Maryland State fishing
license in the field.
4. Anglers must display a copy of the Fishing Vehicle Parking Pass
in the vehicle windshield.
5. We require anglers, age 17 or younger, to have a parent or
guardian cosign the Fishing/Shrimping/Crabbing Application (FWS Form 3-
2358). We will not issue a Fishing Vehicle Parking Pass to anglers age
17 or younger.
6. An adult age 21 or older possessing a Fishing Vehicle Parking
Pass must accompany anglers age 17 or younger, and they must maintain
visual contact with each other within a 50-yard (45 m) distance.
* * * * *
9. Anglers may take three youths, age 15 or younger, to fish under
their Fishing Vehicle Parking Pass and in their presence and control.
* * * * *
17. * * *
* * * * *
iii. Anglers age 18 and older must complete an Emergency Contact
Information/warning/waiver form (North Tract Warning PRR Hunt Form
2) prior to receiving a free North Tract Vehicle Access Pass.
Anglers must display the North Tract Vehicle Access Pass in the vehicle
windshield at all times and return the Pass to the North Tract Visitor
Contact Station at the end of each visit.
* * * * *
0
16. Amend Sec. 32.40 Massachusetts by:
0
a. Revising paragraphs A.2., A.4., A.8., and A9., adding paragraphs
A.12. and A.13., revising paragraph B., redesignating paragraphs C.4.
through C.10. as paragraphs C.5. through C.11., adding a new paragraph
C.4., revising newly redesignated paragraphs C.5. and C.10., removing
newly redesignated paragraph C.11., revising paragraphs D.6. and D.7.,
and removing paragraph D.9. under Assabet River National Wildlife
Refuge;
0
b. Revising paragraphs A.1., A.4., A.5., A.9., and A.10., adding
paragraph A.13., and revising paragraphs C.3., C.4. and C.9. under
Great Meadows National Wildlife Refuge; and
0
c. Revising paragraphs A.3., A.6., A.10., and A.11., adding paragraph
A.14., revising paragraphs B.2., B.4., C.4., C.5., and C.10., removing
paragraph C.11., and revising the introductory text of paragraph D.
under Oxbow National Wildlife Refuge.
The additions and revisions read as follows:
Sec. 32.40 Massachusetts.
* * * * *
Assabet River National Wildlife Refuge
A. Migratory Game Bird Hunting. * * *
* * * * *
2. We require a Migratory Bird Hunt Application (FWS Form 3-2357).
We limit the number of migratory game bird hunters allowed to hunt on
the refuge. If the number of applications received is greater than the
number of permits available, we will issue permits by random selection.
* * * * *
4. We prohibit use of motorized vehicles on the refuge. The refuge
will provide designated parking areas for hunters. Hunters must display
issued hunter parking permits (generated from the Migratory Bird Hunt
Application, FWS Form 3-2357) on their dashboards when parked in
designated refuge parking areas.
* * * * *
8. We prohibit marking any tree or other refuge feature with
flagging, paint, or any other substance. Hunters may use reflective
tacks, which we require hunters to remove by the end of their permitted
season.
9. You may begin scouting hunting areas on Sundays only beginning 1
month prior to the opening day of your permitted season. We require
possession of refuge permits (Migratory Bird Hunt Application, FWS Form
3-2357) while scouting.
* * * * *
12. One nonhunting companion may accompany each permitted hunter.
We prohibit nonhunting companions from hunting, but they may assist in
other means. All companions must carry identification and stay close
enough to the hunter to speak to them without raising their voice.
13. We prohibit construction or use of any permanent structure
while hunting on the refuge. Hunters must remove all temporary blinds
each day (see Sec. Sec. 27.93 and 27.94 of this chapter).
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. We allow shotgun hunting for ruffed grouse, cottontail rabbit,
and gray squirrel within those portions of the refuge located north of
Hudson Road, except those areas north of Hudson Road designated as
``archery only'' hunting on the current refuge hunting map. These
archery only hunting areas north of Hudson Road are those portions of
the refuge that are external to Patrol Road from its southern
intersection with White Pond Road, northwest and then east, to its
intersection with Old Marlborough Road.
2. We require a Big/Upland Game Hunt Application (FWS Form 3-2356).
We limit the number of upland game hunters allowed to hunt on the
refuge. If the number of applications received is greater than the
number of permits available, we will issue permits by random selection.
3. Conditions A3, A4, A6 through A13 apply.
4. You may possess only approved nontoxic shot while in the field
(see Sec. 32.2(k)).
5. During seasons when it is legal to hunt deer with a shotgun or
muzzleloader, we require all hunters, including archers and small game
hunters, to wear a minimum of 500 square inches (3,250 cm\2\) of solid-
orange clothing or material in a conspicuous manner on their chest,
back, and head. During all other times, if you are hunting ruffed
grouse, squirrel, or cottontail rabbit on the refuge, you must wear a
minimum of a solid-orange hat.
C. Big Game Hunting. * * *
* * * * *
4. We require a Big/Upland Game Hunt Application (FWS Form 3-2356).
We limit the number of big game hunters allowed to hunt on the refuge.
If the number of applications received is greater than the number of
permits available, we will issue permits by random selection.
5. Conditions A3, A4, A6 through A10, and A12 apply.
* * * * *
10. You may use temporary tree stands and/or ground blinds while
engaged in hunting deer during the applicable archery, shotgun, or
muzzleloader deer seasons or while hunting turkey. We allow hunters to
keep one tree stand or ground blind on each refuge during the permitted
season. Hunters must mark ground blinds with the hunter's permit
number. Hunters must mark tree stands with the hunter's permit number
in such a fashion that all numbers are visible from the ground. Hunters
must remove all temporary tree stands and ground blinds by the 15th day
after the end of the hunter's permitted season.
D. Sport Fishing. * * *
* * * * *
6. We allow fishing on Puffer Pond from legal sunrise to legal
sunset.
[[Page 56077]]
7. We prohibit ice fishing on the refuge.
* * * * *
Great Meadows National Wildlife Refuge
A. Migratory Game Bird Hunting. * * *
1. We require refuge permits (information taken from OMB-approved
form). We limit the number of waterfowl hunters allowed to hunt on the
refuge. If the number of applications received to hunt waterfowl is
greater than the number of permits available, we will issue permits by
random selection.
* * * * *
4. We prohibit construction or use of any permanent structure while
hunting on the refuge. You must remove all temporary blinds each day
(see Sec. Sec. 27.93 and 27.94 of this chapter).
5. We prohibit use of motorized vehicles on the refuge. The refuge
will provide designated parking areas for hunters. Hunters must display
parking permits (information taken from OMB-approved forms) on the
dashboard when parked in designated refuge parking areas.
* * * * *
9. We prohibit marking any tree or other refuge feature with
flagging, paint, or any other substance. Hunters may use reflective
tacks which they must remove by the end of the hunter's permitted
season (see Sec. 27.93 of this chapter).
10. You may begin scouting hunting areas on Sundays only beginning
1 month prior to the opening day of your permitted season. We require
possession of refuge permits (information taken from OMB-approved
forms) while scouting. We prohibit the use of dogs during scouting.
* * * * *
13. We allow one nonhunting companion to accompany each permitted
hunter. We prohibit nonhunting companions from hunting, but they can
assist in other means. All companions must carry identification and
stay close enough to the hunter to speak to them without raising their
voice.
* * * * *
C. Big Game Hunting. * * *
* * * * *
3. We require refuge permits (information taken from OMB-approved
forms). We limit the number of deer hunters allowed to hunt on the
refuge. If the number of applications received to hunt deer on the
refuge is greater than the number of permits available, we will issue
permits by random selection.
4. Conditions A3, A5, A7 through A11, and A13 apply.
* * * * *
9. You may use temporary tree stands and/or ground blinds while
engaged in hunting deer during the applicable archery season. We allow
hunters to keep one tree stand or ground blind on each refuge during
the permitted season. Hunters must mark ground blinds with their permit
number. Hunters must mark tree stands with their permit number in such
a fashion that all numbers are visible from the ground. Hunters must
remove all temporary tree stands and ground blinds by the 15th day
after the end of the permitted deer season (see Sec. 27.93 of this
chapter).
* * * * *
Oxbow National Wildlife Refuge
A. Migratory Game Bird Hunting. * * *
* * * * *
3. We require refuge permits (information taken from OMB-approved
forms). We limit the number of waterfowl hunters allowed to hunt on the
refuge. If the number of applications received to hunt waterfowl is
greater than the number of permits available, we will issue permits by
random selection.
* * * * *
6. We prohibit use of motorized vehicles on the refuge. The refuge
will provide designated parking areas for hunters. Hunters must display
issued hunter parking permits (information taken from OMB-approved
forms) on the dashboard when parked in designated refuge parking areas.
* * * * *
10. We prohibit marking any tree or other refuge feature with
flagging, paint, or any other substance. Hunters may use reflective
tacks and must remove them by the end of the hunter's permitted season
(see Sec. 27.93 of this chapter).
11. You may begin scouting hunting areas on Sundays only beginning
1 month prior to the opening day of your permitted season. We require
possession of refuge permits while scouting. We prohibit the use of
dogs during scouting.
* * * * *
14. One nonhunting companion may accompany each permitted hunter.
We prohibit nonhunting companions from hunting, but they can assist in
other means. All companions must carry identification and stay close
enough to the hunter to speak to them without raising their voice.
B. Upland Game Hunting. * * *
* * * * *
2. We require a Big/Upland Game Hunt Application (FWS Form 3-2356).
We limit the number of upland game hunters allowed to hunt on the
refuge. If the number of applications received to hunt upland game is
greater than the number of permits available, we will issue permits by
random selection.
* * * * *
4. Conditions A4 through A6 and A8 through A14 apply.
* * * * *
C. Big Game Hunting. * * *
* * * * *
4. We require refuge permits (information taken from OMB-approved
form). We limit the number of deer and turkey hunters allowed to hunt
on the refuge. If the number of applications received to hunt those
species is greater than the number of permits available, we will issue
permits by random selection.
5. Conditions A4, A6, A8 through A12, and A14 apply.
* * * * *
10. You may use temporary tree stands and/or ground blinds while
engaged in hunting deer during the applicable archery, shotgun, or
muzzleloader deer seasons or while hunting turkey. We allow hunters to
keep one tree stand or ground blind on each refuge during the permitted
season. Hunters must mark ground blinds with their permit number.
Hunters must mark tree stands with their permit number in such a
fashion that all numbers are visible from the ground. Hunters must
remove all temporary tree stands and ground blinds by the 15th day
after the end of the permitted season.
D. Sport Fishing. We allow sport fishing along the Nashua River in
accordance with State regulations.
* * * * *
0
17. Amend Sec. 32.42 Minnesota by:
0
a. Adding an entry for Crane Meadows National Wildlife Refuge;
0
b. Revising introductory paragraphs A., B., and C. under Litchfield
Wetland Management District;
0
c. Adding paragraphs B.5. and D.4. under Minnesota Valley National
Wildlife Refuge;
0
d. Revising the introductory text of paragraphs A. and B., revising
paragraph B.4., and removing paragraphs B.5., B.6., and C.3. under
Northern Tallgrass Prairie National Wildlife Refuge; and
0
e. Revising paragraph A.5., revising the introductory text of paragraph
C., revising paragraphs C.1. through C.6., and adding paragraph C.7.
under Sherburne National Wildlife Refuge.
The additions and revisions read as follows:
[[Page 56078]]
Sec. 32.42 Minnesota.
* * * * *
Crane Meadows National Wildlife Refuge
A. Migratory Game Bird Hunting. [Reserved]
B. Upland Game Hunting. [Reserved]
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. We allow archery deer hunting for youth hunters and firearms
deer hunting for persons with disabilities.
2. We allow turkey hunting for youth hunters and persons with
disabilities during the State spring turkey season.
3. We prohibit the construction or use of permanent blinds,
platforms, or ladders (see Sec. 27.93 of this chapter).
4. Hunters must remove all stands from the refuge at the end of
each day's hunt.
5. Hunters must dismantle hunting blinds, platforms, and ladders
made from natural vegetation at the end of each day.
6. We prohibit the possession of hunting firearms or archery
equipment on areas closed to white-tailed deer or turkey hunting.
7. We prohibit deer pushes or deer drives in the areas closed to
deer hunting.
8. We prohibit entry to hunting areas earlier than 2 hours before
legal shooting hours (\1/2\ hour before legal sunrise).
9. We prohibit camping.
10. Turkey hunters may possess only approved nontoxic shot while in
the field.
11. Hunters must unload, case, and break down hunting weapons when
transporting them on refuge roads.
D. Sport Fishing. [Reserved]
* * * * *
Litchfield Wetland Management District
A. Migratory Game Bird Hunting. We allow hunting of migratory game
birds throughout the district except we prohibit hunting on that part
of the Phare Lake Waterfowl Production Area in Renville County that
lies within the Phare Lake State Game Refuge. All hunting is in
accordance with State regulations subject to the following conditions:
* * * * *
B. Upland Game Hunting. We allow upland game hunting throughout the
district except we prohibit hunting on that part of the Phare Lake
Waterfowl Production Area in Renville County that lies within the Phare
Lake State Game Refuge. All hunting is in accordance with State
regulations subject to the following condition: Conditions A4 and A5
apply.
C. Big Game Hunting. We allow big game hunting throughout the
district except we prohibit hunting on that part of the Phare Lake
Waterfowl Production Area in Renville County that lies within the Phare
Lake State Game Refuge. All hunting is in accordance with State
regulations subject to the following conditions:
* * * * *
Minnesota Valley National Wildlife Refuge
* * * * *
B. Upland Game Hunting. * * *
* * * * *
5. Condition A7 applies.
* * * * *
D. Sport Fishing * * *
* * * * *
4. We prohibit taking of any turtle species by any method.
* * * * *
Northern Tallgrass Prairie National Wildlife Refuge
A. Migratory Game Bird Hunting. We allow hunting of duck, goose,
merganser, moorhen, coot, rail (Virginia and sora only), woodcock,
common snipe, and mourning dove in accordance with State regulations
subject to the following conditions:
* * * * *
B. Upland Game Hunting. We allow hunting of ring-necked pheasant,
Hungarian partridge, rabbit (cottontail and jack), snowshoe hare,
squirrel (fox and gray), raccoon, opossum, fox (red and gray), badger,
coyote, striped skunk, and crow on designated areas of the refuge in
accordance with State regulations subject to the following conditions:
* * * * *
4. Conditions A7 and A8 apply.
* * * * *
Sherburne National Wildlife Refuge
A. Migratory Game Bird Hunting. * * *
* * * * *
5. We prohibit hunting during the State Special Goose Hunt.
* * * * *
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. We allow turkey hunting for youth hunters and persons with
disabilities during the State spring turkey season.
2. We prohibit the construction or use of permanent blinds,
platforms, or ladders.
3. Hunters must remove all stands from the refuge at the end of
each day's hunt (see Sec. 27.93 of this chapter).
4. Hunters must dismantle hunting blinds, platforms, and ladders
made from natural vegetation at the end of each day.
5. We prohibit the possession of hunting firearms or archery
equipment on areas closed to white-tailed deer and turkey hunting.
6. We prohibit deer pushes or deer drives in the areas closed to
deer hunting.
7. Conditions A4 and A7 apply.
* * * * *
0
18. Amend Sec. 32.43 Mississippi by:
0
a. Revising the Coldwater National Wildlife Refuge heading and
paragraphs A., B., and C. under it; and
0
b. Revising paragraph D.9. under Noxubee National Wildlife Refuge.
The revisions read as follows:
Sec. 32.43 Mississippi.
* * * * *
Coldwater River National Wildlife Refuge
A. Migratory Game Bird Hunting. We allow hunting of migratory
waterfowl and coot on designated areas of the refuge in accordance with
State regulations subject to the following conditions:
1. Youth hunters age 15 and younger must possess and carry a hunter
safety course card or certificate. Each youth hunter must remain within
sight and normal voice contact of an adult age 21 or older. Hunters
born after January 1, 1972, also must carry a Hunter Education Safety
course card or certificate. All hunters age 16 and older must possess
and carry a valid, signed refuge hunting permit (name and address),
certifying that he or she understands and will comply with all
regulations. Hunters may obtain permits at the North Mississippi
Refuges Complex Headquarters, 2776 Sunset Drive, Grenada, MS 38901 or
by mail from the above address.
2. We restrict all public use to 2 hours before legal sunrise to 2
hours after legal sunset. We prohibit entering or remaining on the
refuge before or after hours.
3. We allow hunting of migratory game birds only on Wednesdays,
Fridays, Saturdays, and Sundays from \1/2\ hour before legal sunrise
and ending at 12 p.m. (noon). Hunters must remove all decoys, blind
material (see Sec. 27.93 of this chapter), litter (see Sec. 27.94 of
this chapter), and harvested waterfowl from
[[Page 56079]]
the area no later than 1 p.m. each day. After duck, merganser, and coot
season closes, we allow hunting of goose in accordance with the Light
Goose Conservation Order daily beginning \1/2\ hour before legal
sunrise and ending at legal sunset.
4. Each hunter must obtain a Migratory Bird Harvest Report Card
(FWS Form 3-2361) available at each refuge information station and
follow the printed instructions on the form. You must display the form
in plain view on the dashboard of your vehicle so that the personal
information is readable. Prior to leaving the refuge, you must complete
the reverse side of the form and deposit it at one of the refuge
information stations. Include all game harvested, and if you harvest no
game, report ``0.''
5. We may close certain areas of the refuge for sanctuary or
administrative purposes. We will mark such areas with ``No Hunting'' or
``Area Closed'' signs.
6. Waterfowl hunters may leave boats meeting all State registration
requirements on refuge water bodies throughout the waterfowl season.
You must remove boats (see Sec. 27.93 of this chapter) within 72 hours
after the season closes.
7. We restrict motor vehicle use to roads designated as vehicle
access roads on the refuge map (see Sec. 27.31 of this chapter). We
prohibit blocking access to any road or trail entering the refuge (see
Sec. 27.31(h) of this chapter).
8. All hunters or persons on the refuge for any reason while in the
field during any open refuge hunting season must wear a minimum of 500
square inches (3,250 cm \2\) of visible, unbroken, fluorescent-orange-
colored material above the waistline. The only exception to this is
waterfowl hunters who may remove the fluorescent-orange material once
positioned to hunt. Waterfowl hunters must comply while walking/boating
to and from the actual hunting area.
9. We allow dogs on the refuge only when specifically authorized
for hunting. We encourage the use of dogs to retrieve dead or wounded
waterfowl. Dogs must remain in the immediate control of their handlers
at all times (see Sec. 26.21(b) of this chapter).
10. We prohibit cutting or removing trees and other vegetation (see
Sec. 27.51 of this chapter). We prohibit the use of flagging, paint,
blazes, tacks, or other types of markers.
11. We prohibit ATVs (see Sec. 27.31(f) of this chapter), horses,
and mules on the refuge.
B. Upland Game Hunting. We allow hunting of squirrel, rabbit,
nutria, and raccoon on designated areas of the refuge in accordance
with State regulations subject to the following conditions:
1. Conditions A1, A4 (substitute Upland/Small Game/Furbearer Report
[FWS Form 3-2362] for Migratory Bird Hunt Report), A5, A7, A10, and A11
apply.
2. We restrict all public use to 2 hours before legal sunrise and
to 2 hours after legal sunset. We prohibit entering or remaining on the
refuge before or after hours. We may make exceptions for raccoon
hunters possessing a Special Use Permit (FWS Form 3-1383). Contact the
refuge office for details.
3. When hunting, we allow only shotguns with approved nontoxic shot
(see Sec. 32.2(k)), .17 or .22-caliber rimfire rifles, or archery
equipment without broadheads.
4. All hunters or persons on the refuge for any reason during any
open-refuge hunting season must wear a minimum of 500 square inches
(3,250 cm \2\) of visible, unbroken, fluorescent-orange-colored
material above the waistline.
5. We allow dogs on the refuge only when specifically authorized
for hunting. Dogs must remain in the immediate control of their
handlers at all times (see Sec. 26.21(b) of this chapter). Consult the
refuge hunting brochure for specific seasons.
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, A2, A4 (substitute Big Game Harvest Report [FWS
Form 3-2359] for Migratory Bird Hunt Report), A5, A7, A11, and B4
apply.
2. We prohibit dogs while hunting deer. Hunters may only use dogs
to hunt hog during designated hog seasons.
3. We prohibit use or possession of any drug or device for
employing such drug for hunting (see Sec. 32.2(g)).
4. We prohibit drives for deer.
5. We prohibit hunting or shooting across any open, fallow, or
planted field from ground level or on or across any public road, public
highway, railroad, or their rights-of-way during all general gun and
primitive weapon hunts.
6. Hunters may erect portable deer stands 2 weeks prior to the
opening of archery season on the refuge and must remove them (see Sec.
27.93 of this chapter) by January 31. We prohibit the use of flagging,
paint, blazes, tacks, or other types of markers.
* * * * *
Noxubee National Wildlife Refuge
* * * * *
D. Sport Fishing. * * *
* * * * *
9. We require anglers to possess and carry a signed, no-cost,
refuge hunting, fishing, and public use permit (signed brochure) when
fishing on the refuge.
* * * * *
0
19. Amend Sec. 32.44 Missouri by:
0
a. Revising paragraphs B. and C. under Big Muddy National Wildlife
Refuge; and
0
b. Revising paragraphs A., C., and D. under Swan Lake National Wildlife
Refuge.
The revisions read as follows:
Sec. 32.44 Missouri.
* * * * *
Big Muddy National Wildlife Refuge
* * * * *
B. Upland Game Hunting. We allow upland game hunting on designated
areas of the refuge in accordance with State regulations subject to the
following conditions:
1. You may possess only approved nontoxic shot (see Sec. 32.2(k)).
2. We allow upland game hunting on the 131-acre mainland unit of
Boone's Crossing with archery methods only. On Johnson Island, we allow
hunting of game animals during Statewide seasons using archery methods
or shotguns using shot no larger than BB.
3. We allow upland game hunting on the Cora Island Unit only to
shotguns with shot no larger than BB.
C. Big Game Hunting. We allow hunting of deer and turkey on
designated areas of the refuge in accordance with State regulations
subject to the following conditions:
1. We prohibit the construction or use of permanent blinds,
platforms, or ladders at any time.
2. We prohibit hunting over or placing on the refuge any salt or
other mineral blocks (see Sec. 32.2(h)).
3. We allow only portable tree stands from September 1 through
January 31. Hunters must place their full name and address on their
stands.
4. We restrict deer hunters on the Boone's Crossing Unit, including
Johnson Island, to archery methods only.
5. The Cora Island Unit is open to deer hunting for archery methods
only.
6. We prohibit trapping on all areas of the refuge.
7. You may possess only approved nontoxic shot while hunting on the
refuge; this includes turkey hunting (see Sec. 32.2(k)).
* * * * *
Swan Lake National Wildlife Refuge
A. Migratory Game Bird Hunting. We allow hunting of goose on
designated
[[Page 56080]]
areas of the refuge in accordance with State regulations subject to the
following conditions:
1. We require Missouri Department of Conservation ``Green Card''
permits while hunting on the refuge in addition to all other required
Federal and State license, stamps, and permits.
2. Hunters must check-in and out at the Refuge Hunter Check Station
(use Missouri Department of Conservation form) before and after
hunting.
3. Goose hunting is open only on Wednesdays, Fridays, Saturdays,
Sundays, and all Federal holidays during the late goose season. We
close to goose hunting during the refuge-managed deer hunts.
4. Hunting hours end at 1 p.m. on Units S1, S2, S3, T1, T3, V1, W1,
and W2. Hunters using these units must have all equipment removed and
be out of the units by 1 p.m. (see Sec. 27.93 of this chapter).
5. We allow snow goose hunting in all units every day of the week
during the designated Spring Conservation Order Season. Hunters may not
check-in before 4 a.m. during the Conservation Order Season and must be
off of the refuge by closing hours.
6. Hunters may hunt only in the designated areas they are assigned
at the check station. We restrict hunters in Units A7, R1, and R4 to
hunting from the permanent blinds. Hunters may hunt anywhere in all
other units inside the designated unit by the use of temporary blinds
or layout boats.
7. We allow game retrieval outside of designated hunting areas. We
prohibit possession of hunting firearms while outside of the designated
area except for going to and from parking areas.
8. We require that hunters leash or kennel hunting dogs when
outside the hunting unit.
9. We restrict hunting units to parties no larger than four.
10. We prohibit driving vehicles into units. We allow hand-pulled
carts. Hunters must park vehicles in designated parking areas for the
unit to which they are assigned for hunting.
11. We prohibit cutting of woody vegetation (see Sec. 27.51 of
this chapter) on the refuge for blinds.
* * * * *
C. Big Game Hunting. We allow hunting of deer on designated areas
of the refuge in accordance with State regulations subject to the
following conditions:
1. We require a Missouri Department of Conservation Permit, along
with Missouri Department of Conservation hunter identification tags and
parking permits to hunt during the managed deer hunt.
2. We require hunters to participate in a prehunt orientation for
managed deer hunts.
3. You must check-in each morning and out each evening of the hunt
at the Refuge Hunter Check Station (use Missouri Department of
Conservation form).
4. You may not access the refuge across the boundary from
neighboring private or public lands, and you must hunt in your
designated area only.
5. We allow entry onto the refuge 1 hour prior to shooting hours
(defined by State regulations) during managed deer hunts. You must be
off the refuge 1 hour after shooting hours.
6. We prohibit shooting from or across refuge roads open to public
vehicle use.
7. We allow use of portable tree stands and blinds during managed
deer hunts. We require all stands and blinds to have the hunter's name,
address, and phone number attached. Hunters must mark enclosed hunting
blinds and stands with hunter orange visible from all sides.
8. We prohibit hunting over or placing on the refuge any salt or
other mineral blocks (see Sec. 32.2(h)).
D. Sport Fishing. We allow sport fishing on all designated areas of
the refuge in accordance with State regulations subject to the
following conditions:
1. We allow fishing on the refuge only during refuge open hours.
2. The Taylor Point area of Elk Creek is open to fishing year-round
during daylight hours. Anglers may access this area by a refuge road
(FHWA Route 100) off of State Highway E. The area open to fishing year-
round is 300 feet (90 m) upstream and 300 feet downstream of the
parking lot along the banks of Elk Creek. In addition, Elk Creek is
open to fishing year-round 300 feet downstream and upstream from the
bridge on State Highway E. We close all fishing during the refuge-
managed deer hunts.
3. We allow only nonmotorized boats on refuge waters with the
exception of the Silver Lake impoundment. Anglers may use motor boats
on the Silver Lake impoundment. No wake applies to all waters on the
refuge.
4. Anglers must remove all boats from the refuge at the end of each
day (see Sec. 27.93 of this chapter).
* * * * *
0
20. Amend Sec. 32.46 Nebraska by revising paragraph A.1., the
introductory text of paragraph C., and paragraphs D.2. through D.5.,
and adding paragraphs D.6. and D.7. under Boyer Chute to read as
follows:
Sec. 32.46 Nebraska.
* * * * *
Boyer Chute National Wildlife Refuge
A. Migratory Game Bird Hunting. * * *
1. Hunters may access the refuge from 1[frac12] hours before legal
sunrise until 1 hour after legal sunset along the immediate shoreline
and including the high bank of the Missouri River. You may access the
hunting area by water or, if by land, only within the public use area
of the Island Unit.
* * * * *
C. Big Game Hunting. We allow hunting of white-tailed deer in
accordance with State regulations subject to the following condition:
You must possess and carry a refuge access permit (signed brochure) at
all times while in the hunting area. Hunters may enter the hunting
areas only within the dates listed on the refuge access permit.
D. Sport Fishing. * * *
* * * * *
2. We allow boating at no-wake speeds, not to exceed 5 mph (8 km),
on side or back channels. We prohibit all watercraft in the Boyer Chute
waterway or other areas as posted.
3. We prohibit the use of trotlines, float lines, bank lines, or
setlines.
4. We prohibit ice fishing.
5. We prohibit digging or seining for bait.
6. We prohibit the take or possession of turtles or frogs.
7. Anglers may use no more than two lines and two hooks per line.
* * * * *
0
21. Amend Sec. 32.47 Nevada by revising paragraphs A.2. and D.1. under
Sheldon National Wildlife Refuge to read as follows:
Sec. 32.47 Nevada.
* * * * *
Sheldon National Wildlife Refuge
A. Migratory Game Bird Hunting. * * *
* * * * *
2. We only allow nonmotorized boats or boats with electric motors.
* * * * *
D. Sport Fishing. * * *
1. We only allow nonmotorized boats or boats with electric motors.
* * * * *
0
22. Amend Sec. 32.50 New Mexico by revising paragraphs C.5., C.8.,
C.9., C.10., C.14., and C.15. under Bosque del Apache National Wildlife
Refuge to read as follows:
Sec. 32.50 New Mexico.
* * * * *
[[Page 56081]]
Bosque del Apache National Wildlife Refuge
* * * * *
C. Big Game Hunting. * * *
* * * * *
5. We prohibit hunting from a vehicle.
* * * * *
8. We allow bearded Rio Grande turkey hunting for youth in two
areas of the refuge: The north hunting area and the south hunting area.
We provide maps with the refuge permit (Big/Upland Game Hunt
Application, FWS Form 3-2356), which each hunter must carry, that show
these areas in detail.
9. Drawn hunters must possess and carry their selection letter/
permit (Big/Upland Game Hunt Application, FWS Form 3-2356) for hunting
of bearded Rio Grande turkey. The permit is available only to youth
hunters and is available through a lottery drawing. You must postmark
applications by March 1 of each year. A $6 nonrefundable application
fee must accompany each hunt application.
10. We allow hunting of bearded Rio Grande turkey for youth hunters
only on dates determined by refuge staff. Drawn hunters must report to
refuge headquarters by 4:45 a.m. each hunt day. Legal hunting hours run
from [frac12] hour before legal sunrise to [frac12] hour after legal
sunset.
* * * * *
14. We allow the use of temporary ground blinds only for turkey
hunts, and hunters must remove them from the refuge daily (see Sec.
27.93 of this chapter). It is unlawful to mark any tree or other refuge
structure with paint, flagging tape, ribbon, cat-eyes, or any similar
marking device.
15. We allow youth hunters only one legally harvested bearded Rio
Grande turkey per hunt.
* * * * *
0
23. Amend Sec. 32.52 North Carolina by:
0
a. Adding paragraphs A.6. and A.7. under Cedar Island National Wildlife
Refuge;
0
b. Removing paragraph A.5. and redesignating paragraph A.6. as A.5.,
and revising paragraph C. under Currituck National Wildlife Refuge;
0
c. Revising paragraphs C.1. and D.1. under Mackay Island National
Wildlife Refuge;
0
d. Revising paragraph A.1., removing paragraph A.10., redesignating
paragraphs A.11. and A.12. as paragraphs A.10. and A.11. and revising
newly redesignated paragraphs A.10. and A.11., revising paragraphs
C.1., C.4., and C.8., adding paragraphs C.11. through C.13., revising
the introductory text of paragraph D.1., and revising paragraphs D.3.,
D.6.i., and D.6.iii. under Mattamuskeet National Wildlife Refuge;
0
e. Redesignating paragraphs D.1. through D.4. as paragraphs D.2.
through D.5. and adding a new paragraph D.1. under Pee Dee National
Wildlife Refuge;
0
f. Revising paragraphs A.1. through A.6., A.12., B.4., C., and D.1.
under Pocosin National Wildlife Refuge; and
0
g. Revising paragraph A.6. and adding paragraphs A.7. and A.8. under
Swanquarter National Wildlife Refuge.
The additions and revisions read as follows:
Sec. 32.52 North Carolina.
* * * * *
Cedar Island National Wildlife Refuge
A. Migratory Game Bird Hunting. * * *
* * * * *
6. Each youth hunter must remain within sight and normal voice
contact of an adult age 21 or older. An adult may directly supervise up
to two youth hunters age 15 or younger who must have successfully
completed a State-approved hunter safety course and possess and carry
proof of certification.
7. We open the refuge to daylight use only, except that we allow
hunters to enter and remain in open hunting areas from 1 hour before
legal shooting time until 1 hour after legal shooting time.
* * * * *
Currituck National Wildlife Refuge
* * * * *
C. Big Game Hunting. We allow hunting of deer and feral hog on
limited dates in designated areas of the refuge in accordance with
State regulations subject to the following conditions:
1. We require a refuge hunting permit (signed brochure) that
hunters must sign and carry while hunting on the refuge.
2. Each hunter must pay an annual $12.50 hunt permit fee.
3. We allow the use of shotguns, muzzleloading rifles/shotguns,
pistols, and bows in designated units. We prohibit the use of all other
rifles and crossbows.
4. Hunters may take two deer per day; there is no daily limit on
feral hog.
5. Hunters must wear a minimum of 500 square inches (3,250 cm\2\)
of hunter-orange material above the waist that is visible from all
directions.
6. We prohibit the marking of trees and vegetation (see Sec. 27.51
of this chapter) with blazes, flagging, or other marking devices.
7. We allow hunters on the refuge from 1 hour before legal sunrise
to 1 hour after legal sunset.
8. We allow the use of portable tree stands, but hunters must
remove them daily (see Sec. 27.93 of this chapter).
9. Hunters may access the refuge by foot, boat, and/or vehicle, but
we prohibit hunting from a boat or vehicle.
10. An adult at least age 21 may supervise only one youth under age
16. The youth must be within sight and normal voice contact of the
adult.
* * * * *
Mackay Island National Wildlife Refuge
* * * * *
C. Big Game Hunting. * * *
1. We require a Refuge Deer Hunting Permit (signed brochure) that
hunters must sign and carry while hunting on the refuge.
* * * * *
D. Sport Fishing. * * *
1. We allow fishing only from legal sunrise to legal sunset from
March 15 through October 15 with the exception that we allow fishing
along the Marsh Causeway year-round. The 0.3 Mile Loop Trail and the
terminus of the canal immediately adjacent to the Visitor Center are
open year-round, but we close them during the Refuge Permit Deer Hunts.
* * * * *
Mattamuskeet National Wildlife Refuge
A. Migratory Game Bird Hunting. * * *
1. We require refuge-issued permits (name and address) that you
must validate at the refuge headquarters, sign, possess, and carry
while hunting.
* * * * *
10. We allow the taking of only Canada goose during the State
September Canada goose season subject to the following conditions:
i. We allow hunting Monday through Saturday during the State
season.
ii. The hunter must possess and carry a validated refuge permit
(name and address) while hunting.
iii. We close the following areas to hunting of Canada goose:
Impoundments MI-4, MI-5, and MI-6; in Rose Bay Canal, Outfall Canal,
Lake Landing Canal, and Waupoppin Canal; 150 feet (45 m) from the mouth
of the canals where they enter Lake Mattamuskeet; and 150 yards (135 m)
from State Route 94.
iv. We allow portable blinds, but hunters must remove them daily
(see Sec. 27.93 of this chapter).
11. Each youth hunter age 15 or younger must remain within sight
and normal voice contact of an adult age 21 or older. Youth hunters
must have completed a State-certified hunter safety
[[Page 56082]]
course and possess and carry the form or certificate. An adult may
directly supervise up to two youth hunters age 15 or younger.
* * * * *
C. Big Game Hunting. * * *
1. The hunter must possess and carry a signed, validated refuge
permit (name and address) while hunting.
* * * * *
4. Hunters may take deer with shotgun, bow and arrow, crossbow, or
muzzleloading rifle/shotgun.
* * * * *
8. We allow the use of only portable blinds and deer stands.
Hunters with a valid permit (name and address) may erect one portable
blind or stand the day before the start of their hunt and must remove
it at the end of the second day of that 2-day hunt (see Sec. 27.93 of
this chapter). Any stands or blinds left overnight on the refuge must
have a tag with the hunter's name, address, and telephone number.
* * * * *
11. We prohibit the use of all-terrain vehicles (ATVs) or off-
highway vehicles (OHVs) (see Sec. 27.31(f) of this chapter).
12. We require consent from refuge personnel to enter and retrieve
legally taken game animals from closed areas including ``No Hunting
Zones.''
13. We allow the use of only biodegradable-type flagging. We
prohibit affixing plastic flagging, dots, glow tacks, reflectors, or
other materials to refuge vegetation (see Sec. 27.51 of this chapter).
D. Sport Fishing. * * *
1. We are open to sport fishing, bow fishing, and crabbing from
March 1 through October 31 from [frac12] hour before legal sunrise to
[frac12] hour after legal sunset, except we allow bank fishing and
crabbing year-round from:
* * * * *
3. We allow motorized and nonmotorized fishing boats, canoes, and
kayaks March 1 through October 31. We prohibit airboats, sailboats, Jet
Skis, and windboards.
* * * * *
6. * * *
i. We allow only five handlines and hand-activated traps per
person. Owners must be in attendance, and anglers must remove all
handlines and traps daily.
* * * * *
iii. Anglers may only take or possess 12 crabs per person per day.
* * * * *
Pee Dee National Wildlife Refuge
* * * * *
D. Sport Fishing. * * *
1. We require all anglers to possess and carry a signed refuge
Sport Fishing Permit (signed brochure) and government-issued picture ID
while fishing in refuge waters.
* * * * *
Pocosin Lakes National Wildlife Refuge
A. Migratory Game Bird Hunting. * * *
1. We prohibit hunting on the Davenport and Deaver tracts (which
include the area surrounding the Headquarters/Visitor Center and the
Scuppernong River Interpretive Boardwalk), the Pungo Shop area, New
Lake, refuge lands between Lake Phelps and Shore Drive, that portion of
the Pinner Tract east of SR 1105, the portion of Western Road between
the intersection with Seagoing Road and the gate to the south, and the
unnamed road at the southern boundary of the refuge land located west
of Pettigrew State Park's Cypress Point Access Area. During November,
December, January, and February, we prohibit all public entry on the
Pungo and New Lakes, Duck Pen Road (except that portion that forms the
Duck Pen Wildlife Trail and Pungo Lake Observation point when the trail
and observation point are open), and the Pungo Lake, Riders Creek, and
Dunbar Road banding sites.
2. We require consent from refuge personnel to enter and retrieve
legally taken game animals from closed areas including ``No Hunting
Zones.''
3. We require all hunters to possess and carry a signed, self-
service refuge general hunting permit (signed brochure) while hunting
on the refuge.
4. We open the refuge for daylight use only (legal sunrise to legal
sunset), except that we allow hunters to enter and remain in open
hunting areas from 1\1/2\ hours before legal shooting time until 1\1/2\
hours after legal shooting time except on the Pungo Unit (see condition
C6).
5. We allow the use of all-terrain vehicles (ATVs) only on
designated ATV roads (see Sec. 27.31 of this chapter) and only to
transport hunters and their equipment to hunt and scout. We allow ATV
use only on the ATV roads at the following times:
i. When we open the ATV road and surrounding area to hunting;
ii. One week prior to the ATV road and surrounding area opening to
hunting; and
iii. On Sundays, when we open the ATV road and surrounding area for
hunting the following Monday.
6. Persons may only use (discharge) firearms in accordance with
refuge regulations (50 CFR 27.42 and specific regulations in part 32).
We prohibit hunting, taking, and attempting to take any wildlife from a
vehicle while the passenger area is occupied or when the engine is
running except that we allow hunting from ATVs and other similarly
classed vehicles (where they are authorized) and boats as long as they
are stationary and the engine is turned off.
* * * * *
12. While hunting, we require youth hunters under age 16 to possess
and carry proof that they successfully passed a State-approved hunter
education course. Youth hunters may only hunt under the direct
supervision of a licensed hunter over age 21. One licensed hunter over
age 21 may supervise up to two migratory game bird youth hunters at a
time.
B. Upland Game Hunting. * * *
* * * * *
4. We prohibit the hunting of raccoon and opossum during, 5 days
before, and 5 days after the State bear seasons. Outside of these
periods, we allow the hunting of raccoon and opossum at night but only
while possessing a Big/Upland Game Hunt Application (FWS Form 3-2356).
* * * * *
C. Big Game Hunting. We allow hunting of deer, turkey, and feral
hog on designated areas of the refuge in accordance with State
regulations subject to the following conditions:
1. Conditions A1 through A7 apply.
2. You may hunt spring turkey only if you possess and carry a valid
permit (Big/Upland Game Hunt Application (FWS Form 3-2356)). The
permits are valid only for the dates and areas shown on the permit. We
require an application and a fee for these permits and hold a drawing,
when necessary, to select the permittees.
3. We allow the use of only shotguns, muzzleloaders, and bow and
arrow for deer and feral hog hunting. We allow hunters to take feral
hog in any area that is open to hunting deer using only those weapons
that we authorize for taking deer except that hunters may take feral
hog with bow and arrow, muzzleloader, and shotgun on the Frying Pan
Unit whenever the area is open to hunting any game species with
firearms.
4. You may possess only approved nontoxic shot (see Sec. 32.2(k))
while hunting turkeys on the Pungo Unit.
5. We allow deer hunting only with shotgun and muzzleloader on the
Pungo Unit while possessing a valid permit from the North Carolina
Wildlife Resources Commission for the Pocosin Lakes National Wildlife
Refuge--Pungo Unit--either sex deer special hunts that we hold in late
September and October. We require a fee that validates the State permit
to participate in these special hunts.
[[Page 56083]]
6. During the special hunts described in C5, we allow only
permitted hunters on the Pungo Unit from 1\1/2\ hours before legal
sunrise until 1\1/2\ hours after legal sunset.
7. Prior to December 1, we allow deer hunting with bow and arrow on
the Pungo Unit during all State deer seasons, except during the
muzzleloading season and except during the special hunts described in
C5.
8. Hunters must wear 500 square inches (3,250 cm\2\) of
fluorescent-orange material above the waist that is visible from all
sides while hunting deer and feral hog in any area open to hunting
these species with firearms.
9. We allow the use of only portable deer stands (tree climbers,
ladders, tripods, etc.). Hunters may use ground blinds, chairs,
buckets, and other such items for hunting, but we require that you
remove all of these items at the end of each day (see Sec. 27.93 of
this chapter), except that hunters with a valid permit for the special
hunts described in condition C5 may install one deer stand on the Pungo
Unit the day before the start of their hunt and leave it until the end
of their hunt. Hunters must tag any stands left overnight on the refuge
with their name, address, and telephone number.
10. While hunting, we require youth hunters under age 16 to possess
and carry proof that they successfully passed a State-approved hunter
education course. Youth hunters may only hunt under the direct
supervision of a licensed hunter age 21 or older. A licensed hunter age
21 or older may only supervise one big game youth hunter at a time.
11. We prohibit the use of dogs to track, chase, or in any way
assist with the take of big game.
D. Sport Fishing. * * *
1. We allow fishing in Pungo Lake and New Lake only from March 1
through October 31, except that we close Pungo Lake and the entire
Pungo Unit to fishing during the special hunts described in condition
C5.
* * * * *
Swanquarter National Wildlife Refuge
A. Migratory Game Bird Hunting. * * *
* * * * *
6. We allow hunting only during the State waterfowl season
occurring in November, December, and January.
7. Each youth hunter must remain within sight and normal voice
contact of an adult age 21 or older. An adult may directly supervise up
to two youth hunters age 15 or younger who must have successfully
completed a State-approved hunter safety course and possess and carry
proof of certification.
8. We open the refuge to daylight use only (legal sunrise to legal
sunset), except that we allow hunters to enter and remain in open
hunting areas from 1 hour before legal shooting time until 1 hour after
legal shooting time.
* * * * *
0
24. Amend Sec. 32.53 North Dakota by revising paragraph B.10. under
Upper Souris National Wildlife Refuge to read as follows:
Sec. 32.53 North Dakota.
* * * * *
Upper Souris National Wildlife Refuge
* * * * *
B. Upland Game Hunting. * * *
* * * * *
10. Hunters may possess only approved nontoxic shot for all upland
game hunting as identified in Sec. 20.21(j) of this chapter.
* * * * *
0
25. Amend Sec. 32.55 Oklahoma by:
0
a. Revising paragraph B.2. under Deep Fork National Wildlife Refuge;
0
b. Revising paragraphs A.1., A.5., A.11., and A.12. under Sequoyah
National Wildlife Refuge;
0
c. Revising the entry for Tishomingo National Wildlife Refuge; and
0
d. Adding an entry for Tishomingo Wildlife Management Unit.
The additions and revisions read as follows:
Sec. 32.55 Oklahoma.
* * * * *
Deep Fork National Wildlife Refuge
* * * * *
B. Upland Game Hunting. * * *
* * * * *
2. We allow shotguns, .22 and .17 caliber rimfire rifles, and
pistols for rabbit and squirrel hunting. Hunters must possess nontoxic
shot when using a shotgun (see Sec. 32.2(k)).
* * * * *
Sequoyah National Wildlife Refuge
A. Migratory Game Bird Hunting. * * *
1. We require an annual refuge permit (Special Use Permit; FWS Form
3-1383) for all hunting. The hunter must possess and carry the signed
permit while hunting. We require hunters to abide by all terms and
conditions listed on the permit.
* * * * *
5. Hunters must use only legal shotguns and possess only approved
nontoxic shot for migratory bird hunting. Persons possessing,
transporting, or carrying firearms on national wildlife refuges must
comply with all provisions of State and local law. Persons may only use
(discharge) firearms in accordance with refuge regulations (50 CFR
27.42 and specific refuge regulations in part 32).
* * * * *
11. We prohibit hunters entering the Sandtown Bottom Unit prior to
5 a.m. during the hunting season. Until 7 a.m., the entrance is through
the headquarters gate only, at which time hunters may enter the
Sandtown Bottom Unit through any other access point on the refuge.
Hunters must leave the Sandtown Bottom Unit by 1 hour after legal
sunset.
12. We prohibit alcoholic beverages on all refuge lands.
* * * * *
Tishomingo National Wildlife Refuge
A. Migratory Game Bird Hunting. [Reserved]
B. Upland Game Hunting. [Reserved]
C. Big Game Hunting. We allow hunting of white-tailed deer on
designated areas of the refuge in accordance with State regulations
subject to the following conditions:
1. Refuge bonus deer gun hunts are by special permit (issued by the
Oklahoma State Department of Wildlife Conservation) only; we prohibit
prehunt scouting or use of camera-monitoring devices.
2. We prohibit baiting (see Sec. 32.2(h)).
3. We allow camping in compliance with conditions set out by the
refuge.
D. Sport Fishing. We allow sport fishing on designated areas of the
refuge in accordance with State regulations subject to the following
conditions:
1. Anglers may bank and wade fish with pole and line or rod and
reel year-round in areas open for public fishing access.
2. Anglers may use boats from March 1 through September 30 in
designated waters (see refuge map).
3. Anglers may ``no-wake'' boat fish during the boating season with
line and pole or rod and reel, except in areas designated as Sanctuary
Zones.
4. Anglers may use trotlines and other set tackle only in the
Cumberland Pool (designated areas), Rock Creek, and between the natural
banks of the Washita River. Anglers may only use set tackle with
anchored floats.
5. We prohibit use of limblines, throwlines, juglines, and yo-yos.
6. We prohibit use of any containers (jugs, bottles) as floats.
7. Anglers may night fish from a boat (during boating season) in
the
[[Page 56084]]
Cumberland Pool, except in the Sanctuary Zones. Anglers may night fish
at the Headquarters area, Sandy Creek Bridge, Murray 23, and Nida
Point.
9. Anglers may take bait only for personal use while fishing on the
refuge in accordance with State law. We prohibit bait removal from the
refuge for commercial sales. We also prohibit release of bait back into
the water.
9. We prohibit bow fishing.
10. We prohibit take of fish by use of hands (noodling).
11. We prohibit take of frog, turtle, or mussel.
12. We prohibit swimming, water sports, personal watercraft, and
airboats.
13. Condition C3 applies.
Tishomingo Wildlife Management Unit
A. Migratory Game Bird Hunting. We allow hunting of mourning dove
and waterfowl on the Tishomingo Wildlife Management Unit of Tishomingo
National Wildlife Refuge in accordance with State regulations.
B. Upland Game Hunting. We allow hunting of quail, squirrel,
turkey, and rabbit on the Tishomingo Wildlife Management Unit of
Tishomingo National Wildlife Refuge in accordance with State
regulations.
C. Big Game Hunting. We allow hunting of white-tailed deer on the
Tishomingo Wildlife Management Unit of Tishomingo National Wildlife
Refuge in accordance with State regulations.
D. Sport Fishing. We allow sport fishing on the Tishomingo Wildlife
Management Unit of Tishomingo National Wildlife Refuge in accordance
with State regulations.
* * * * *
0
26. Amend Sec. 32.56 Oregon by:
0
a. Adding paragraph A.4. under Bandon Marsh National Wildlife Refuge;
0
b. Revising the entry for Cold Springs National Wildlife Refuge;
0
c. Revising paragraph A. under Lewis and Clark National Wildlife
Refuge;
0
d. Revising the entry for McKay Creek National Wildlife Refuge;
0
e. Revising the entry for Umatilla National Wildlife Refuge; and
0
f. Revising paragraphs C. and D. under William L. Finley National
Wildlife Refuge.
The additions and revisions read as follows:
Sec. 32.56 Oregon.
* * * * *
Bandon Marsh National Wildlife Refuge
A. Migratory Game Bird Hunting. * * *
* * * * *
4. Persons possessing, transporting, or carrying firearms on
national wildlife refuges must comply with all provisions of State and
local law. Persons may only use (discharge) firearms in accordance with
refuge regulations (see Sec. 27.42 of this chapter and specific
regulations in part 32).
* * * * *
Cold Springs National Wildlife Refuge
A. Migratory Game Bird Hunting. We allow hunting of goose, duck,
coot, dove, and snipe on designated areas of the refuge in accordance
with State regulations subject to the following conditions:
1. We prohibit overnight camping and/or parking.
2. You may possess only approved nontoxic shot for hunting (see
Sec. 32.2(k)).
3. We prohibit discharge of any firearm within \1/4\ mile (396 m)
of any maintained building or Federal facility, such as, but not
limited to, a structure designed for storage, human occupancy, or
shelter for animals.
4. We allow only portable blinds and temporary blinds constructed
of nonliving natural materials. Hunters must remove all decoys and
other equipment (see Sec. 27.93 of this chapter) at the end of each
day.
5. We allow hunting only on Tuesdays, Thursdays, Saturdays,
Sundays, Thanksgiving Day, Christmas Day, and New Year's Day.
6. We reserve parking lot F solely for Memorial Marsh Unit
waterfowl hunters.
7. We require waterfowl hunting parties to space themselves a
minimum of 200 yards (180 m) apart in the free roam area along the
reservoir shoreline.
8. We allow only nonmotorized boats or boats with electric motors
within that portion of the reservoir open to hunting.
9. On the Memorial Marsh Unit, we allow hunting only from numbered
field blind sites, and hunters must park their vehicles only at the
numbered post corresponding to the numbered field blind site they are
using (see Sec. 27.31 of this chapter). Selection of parking sites/
numbered posts is on a first-come, first-served basis at parking lot F.
We prohibit free-roam hunting or jump shooting, and you must remain
within 100 feet (30 m) of the numbered field blind post unless
retrieving birds or setting decoys. We allow a maximum of four persons
per blind site.
B. Upland Game Hunting. We allow hunting of upland game birds on
designated areas of the refuge in accordance with State regulations
subject to the following conditions:
1. Conditions A1, A2, and A3 apply.
2. We allow hunting from 12 p.m. (noon) to legal sunset on
Tuesdays, Thursdays, Saturdays, Sundays, Thanksgiving Day, and
Christmas Day.
C. Big Game Hunting. [Reserved]
D. Sport Fishing. We allow fishing on designated areas of the
refuge in accordance with State regulations subject to the following
conditions:
1. Condition A1 applies.
2. In the Cold Springs Reservoir, we allow fishing only from March
1 through September 30.
3. We allow use of only nonmotorized boats and boats with electric
motors.
* * * * *
Lewis and Clark National Wildlife Refuge
A. Migratory Game Bird Hunting. We allow hunting of goose, duck,
coot, and snipe on the designated areas of the refuge in accordance
with State regulations subject to the following conditions:
1. You may possess only approved nontoxic shot for hunting (see
Sec. 32.2(k)).
2. We prohibit hunting on all exposed lands on Miller Sands Island
and its partially enclosed lagoon, as posted. We prohibit hunting
inside the diked portion of Karlson Island, as posted.
3. We prohibit permanent blinds. You must remove all personal
property, including decoys and boats, by 1 hour after legal sunset (see
Sec. Sec. 27.93 and 27.94 of this chapter).
* * * * *
McKay Creek National Wildlife Refuge
A. Migratory Game Bird Hunting. We allow hunting of goose, duck,
coot, and snipe on designated areas of the refuge in accordance with
State regulations subject to the following conditions:
1. We prohibit overnight camping and/or parking.
2. We prohibit possession of toxic shot for hunting (see Sec.
32.2(k)).
3. We prohibit discharge of any firearm within \1/4\ mile (396 m)
of any maintained building or Federal facility, such as, but not
limited to, a structure designed for storage, human occupancy, or
shelter for animals.
4. We only allow portable blinds and temporary blinds constructed
of nonliving natural materials. Hunters must remove all decoys and
other equipment (see Sec. 27.93 of this chapter) at the end of each
day.
5. We require waterfowl hunting parties to space themselves a
minimum of 200 yards (180 m) apart.
6. We prohibit the use of boats.
B. Upland Game Hunting. We allow hunting of upland game birds on
designated areas of the refuge in
[[Page 56085]]
accordance with State regulations subject to the following conditions:
1. Conditions A1, A2, and A3 apply.
2. On the opening weekend of the hunting season, we require all
hunters to possess and carry a special refuge permit (name/address/
phone number).
C. Big Game Hunting. [Reserved]
D. Sport Fishing. We allow fishing on designated areas of the
refuge in accordance with State regulations subject to the following
conditions:
1. Condition A1 applies.
2. We allow fishing from March 1 through September 30.
* * * * *
Umatilla National Wildlife Refuge
A. Migratory Game Bird Hunting. We allow hunting of goose, duck,
coot, and snipe on designated areas of the refuge in accordance with
State regulations subject to the following conditions:
1. We prohibit overnight camping and/or parking.
2. We prohibit possession of toxic shot for hunting (see Sec.
32.2(k)).
3. We prohibit discharge of any firearm within \1/4\ mile (396 m)
of any maintained building or Federal facility, such as, but not
limited to, a structure designed for storage, human occupancy, or
shelter for animals.
4. We allow only portable blinds and temporary blinds constructed
of nonliving natural materials. Hunters must remove all decoys and
other equipment (see Sec. 27.93 of this chapter) at the end of each
day.
5. On the McCormack Unit, we allow hunting subject to the following
conditions:
i. The McCormack Unit is a fee-hunt area only open to hunting on
Wednesdays, Saturdays, Sundays, Thanksgiving Day, and New Year's Day
during State waterfowl seasons.
ii. We require hunters to stop at the check station to obtain a
special refuge permit (name/address/phone number) that you must possess
and carry, to pay a recreation user fee, and to obtain a blind
assignment before hunting.
iii. We allow hunting only from assigned blind sites and require
hunters to remain within 100 feet (30 m) of marked blind sites unless
retrieving birds.
iv. Hunters may only possess up to 25 shot shells per hunt day.
6. On the Boardman Unit, we require waterfowl hunting parties to
space themselves a minimum of 200 yards (180 m) apart.
7. We close all islands within the Columbia River to all access.
B. Upland Game Hunting. We allow hunting of upland game birds on
designated areas of the refuge in accordance with State regulations
subject to the following conditions:
1. Conditions A1, A2, A3, and A7 apply.
2. We allow hunting of upland game from 12 p.m. (noon) to legal
sunset of each hunt day.
3. On the McCormack Fee Hunt Unit, we allow hunting only on
Wednesdays, Saturdays, Sundays, Thanksgiving Day, and New Year's Day.
4. On the McCormack Unit, we require all hunters to possess and
carry a special refuge permit (name/address/phone number).
C. Big Game Hunting. We allow hunting of deer on designated areas
of the refuge in accordance with State regulations subject to the
following conditions:
1. Conditions A1, A2, A3, and A7 apply.
2. We allow hunting by special permit only (issued by the State).
D. Sport Fishing. We allow fishing on designated areas of the
refuge in accordance with State regulations subject to the following
conditions:
1. Conditions A1 and A7 apply.
2. We allow fishing on refuge impoundments and ponds from February
1 through September 30.
* * * * *
William L. Finley National Wildlife Refuge
* * * * *
C. Big Game Hunting. We allow hunting of deer on designated areas
of the refuge in accordance with State regulations subject to the
following conditions:
1. We allow shotgun and archery hunting on designated dates from
\1/2\ hour before legal sunrise until \1/2\ hour after legal sunset.
2. We allow shotguns using only buckshot or slugs.
3. We prohibit overnight camping and after-hours parking on the
refuge.
4. We prohibit hunting from refuge structures, observation blinds,
or boardwalks.
5. All vehicles must remain parked in designated areas.
6. Hunters may use portable or climbing deer stands and must remove
stands daily (see Sec. 27.93 of this chapter). We prohibit driving or
screwing nails, spikes, or other objects into trees or hunting from any
tree into which such an object has been driven (see Sec. 32.2(i)). We
prohibit limbing of trees.
7. All hunters must complete a Big Game Harvest Report (FWS Form 3-
2359) available at the designated self-service hunt kiosks located on
the refuge.
8. Persons possessing, transporting, or carrying firearms on
national wildlife refuges must comply with all provisions of State and
local law. Persons may only use (discharge) firearms in accordance with
refuge regulations (see Sec. 27.42 of this chapter and specific refuge
regulations in part 32).
D. Sport Fishing. We allow fishing on designated areas of the
refuge in accordance with State regulations subject to the following
conditions:
1. We allow fishing on Muddy Creek from the beginning of the State
trout season in April through October 31.
2. We prohibit the use of boats.
0
27. Amend Sec. 32.57 Pennsylvania by revising paragraphs A.2. through
A.4., B.2., and C. under Erie National Wildlife Refuge to read as
follows:
Sec. 32.57 Pennsylvania.
* * * * *
Erie National Wildlife Refuge
A. Migratory Game Bird Hunting. * * *
* * * * *
2. We require all hunters to possess and carry on their person a
signed refuge hunt permit (signed brochure).
3. We only allow nonmotorized boats for waterfowl hunting in
permitted areas.
4. We require that hunters remove all boats, blinds, cameras, and
decoys from the refuge within 1 hour after legal sunset (see Sec. Sec.
27.93 and 27.94 of this chapter).
* * * * *
B. Upland Game Hunting. * * *
* * * * *
2. Conditions A1, A2, A4, and A5 apply.
* * * * *
C. Big Game Hunting. We allow hunting of deer, bear, and turkey on
designated areas of the refuge in accordance with State regulations
subject to the following conditions:
1. Condition A1 applies. We also allow spring turkey hunting in
accordance with State regulations.
2. Conditions A2 through A5 apply.
3. We prohibit organized deer drives in hunt area B of the Sugar
Lake Division. We define a ``drive'' as three or more persons involved
in the act of chasing, pursuing, disturbing, or otherwise directing
deer so as to make the animal more susceptible to harvest.
4. We require any person hunting bear off-refuge to obtain a refuge
Special Use Permit (FWS Form 3-1383) to track a wounded bear that may
have entered the refuge.
* * * * *
0
28. Amend Sec. 32.60 South Carolina by:
0
a. Revising paragraphs C.9. and C.13. and adding paragraph C.17. under
[[Page 56086]]
Pinckney Island National Wildlife Refuge; and
0
b. Revising paragraphs A.2., A.3., A.4., and B.2., adding paragraph
B.4., revising paragraphs C.1., C.7., and C.13., and removing
paragraphs C.19. through C.24. under Waccamaw National Wildlife Refuge.
The additions and revisions read as follows:
Sec. 32.60 South Carolina.
* * * * *
Pinckney Island National Wildlife Refuge
* * * * *
C. Big Game Hunting. * * *
* * * * *
9. Hunters must be on their stands from [frac12] hour before legal
sunrise until 9 a.m. and from 2 hours before legal sunset until
[frac12] hour after legal sunset.
* * * * *
13. You may take five deer (no more than two antlered).
* * * * *
17. We prohibit the use of trail or game cameras.
* * * * *
Waccamaw National Wildlife Refuge
A. Migratory Game Bird Hunting. * * *
* * * * *
2. Each youth hunter age 15 and younger must remain within sight,
within normal voice contact, and under supervision of an adult age 21
or older. The adult must comply with all State and Federal hunting
license requirements and possess a signed refuge hunting permit (signed
brochure).
3. We allow waterfowl hunting only until 12 p.m. (noon) each
Saturday and Wednesday during the State waterfowl season. Hunters may
enter the refuge no earlier than 5 a.m. on hunt days and must be off
the refuge by 2 p.m.
4. We allow scouting Monday through Friday during the waterfowl
season. Hunters must be off the refuge by 2 p.m.
* * * * *
B. Upland Game Hunting. * * *
* * * * *
2. We allow hunting only in designated areas and only on days
designated annually by the refuge within the State season.
* * * * *
4. We prohibit shooting any game from a boat except waterfowl.
C. Big Game Hunting. * * *
1. Conditions A1, A2, A9, A10, B2, and B4 apply.
* * * * *
7. We allow scouting all year during daylight hours except during
the State waterfowl season. During the waterfowl season, the same
regulations that apply to scouting for waterfowl (A4) apply to scouting
for big game species. We prohibit the use of trail cameras and other
scouting devices.
* * * * *
13. You must hunt deer and feral hog from an elevated hunting
stand.
* * * * *
0
29. Amend Sec. 32.62 Tennessee by:
0
a. Revising paragraph C.4. under Lower Hatchie National Wildlife
Refuge; and
0
b. Revising paragraphs B.1. and C.4. under Reelfoot National Wildlife
Refuge.
The revisions read as follows:
Sec. 32.62 Tennessee.
* * * * *
Lower Hatchie National Wildlife Refuge
* * * * *
C. Big Game Hunting. * * *
* * * * *
4. Hunters may possess lead shot while deer hunting on the refuge
(see Sec. 32.2(k)).
* * * * *
Reelfoot National Wildlife Refuge
* * * * *
B. Upland Game Hunting. * * *
1. The refuge is a day-use area only (legal sunrise to legal
sunset), with the exception of legal hunting activities.
* * * * *
C. Big Game Hunting. * * *
* * * * *
4. Hunters may possess lead shot while deer hunting on the refuge
(see Sec. 32.2 (k)).
* * * * *
0
30. Amend Sec. 32.63 Texas by:
0
a. Adding paragraph C.10. under Balcones Canyonlands National Wildlife
Refuge;
0
b. Adding paragraph A.5. under Big Boggy National Wildlife Refuge;
0
c. Adding paragraph A.7., revising paragraphs D.1. and D.2., and adding
D.7. under Brazoria National Wildlife Refuge;
0
d. Revising paragraphs C.1., C.2., C.3., C.6., C.7., C.8., C.15.,
C.16., and C.17. under Laguna Atascosa National Wildlife Refuge;
0
e. Revising paragraph A.3., adding paragraph A.6., revising paragraph
D.2., and adding paragraph D.3. under San Bernard National Wildlife
Refuge; and
0
f. Revising paragraphs B.1., B.2., and B.4. through B.8., adding
paragraph B.9., and revising paragraph C.1., redesignating paragraphs
C.2. and C.3. as paragraphs C.3. and C.4., adding a new paragraph C.2.,
and removing paragraphs C.5. and C.6. under Trinity River National
Wildlife Refuge.
The additions and revisions read as follows:
Sec. 32.63 Texas.
* * * * *
Balcones Canyonlands National Wildlife Refuge
* * * * *
C. Big Game Hunting. * * *
* * * * *
10. Hunters must exit the refuge no later than 1\1/2\ hours after
legal sunset.
* * * * *
Big Boggy National Wildlife Refuge
A. Migratory Game Bird Hunting. * * *
* * * * *
5. Persons possessing, transporting, or carrying firearms on
national wildlife refuges must comply with all provisions of State and
local law. Persons may only use (discharge) firearms in accordance with
refuge regulations (see Sec. 27.42 of this chapter and specific refuge
regulations in part 32).
* * * * *
Brazoria National Wildlife Refuge
A. Migratory Game Bird Hunting. * * *
* * * * *
7. Persons possessing, transporting, or carrying firearms on
national wildlife refuges must comply with all provisions of State and
local law. Persons may only use (discharge) firearms in accordance with
refuge regulations (see Sec. 27.42 of this chapter and specific refuge
regulations in part 32).
* * * * *
D. Sport Fishing. * * *
1. We allow fishing only on Nick's Lake, Salt Lake, and Lost Lake.
2. We allow access for shore fishing at Bastrop Bayou, Clay Banks,
and Salt Lake Public Fishing Areas; we prohibit the use or possession
of alcoholic beverages in all Public Fishing Areas.
* * * * *
7. Persons possessing, transporting, or carrying firearms on
national wildlife refuges must comply with all provisions of State and
local law. Persons may only use (discharge) firearms in accordance with
refuge regulations (see Sec. 27.42 of this chapter and specific refuge
regulations in part 32).
* * * * *
Laguna Atascosa National Wildlife Refuge
* * * * *
C. Big Game Hunting. * * *
[[Page 56087]]
1. We require hunters to pay a fee and obtain a refuge hunt permit
(name and address only). We issue replacement permits for an additional
nominal fee. All hunt fees are nonrefundable. We require the hunter to
possess and carry a signed and dated refuge hunt permit.
2. We allow archery and firearm hunting on designated units of the
refuge. Units 1, 2, 3, 5, 6, and 8 are open to archery hunting during
designated dates. Units 2, 3, 5, and 8 are open to firearm hunting
during designated dates. We close the following areas to hunting:
Adolph Thomae, Jr. County Park in Unit 3, posted ``No Hunting Zones''
within all hunt units, La Selva Verde Tract (Armstrong), Waller Tract,
Tocayo (COHYCO, Inc.) Tract, Frieze Tract, Escondido Tract, Sendero del
Gato, Resaca de la Gringa, Bahia Grande Unit, South Padre Island Unit,
and the Boswell Tract.
3. We offer hunting during specific portions of the State hunting
season. We determine specific deer hunt dates annually, and they
usually fall within October, November, December, and January. We may
provide special feral hog and nilgai antelope hunts to reduce
populations at any time during the year.
* * * * *
6. An adult age 17 or older must accompany and remain within sight
and normal voice contact of each youth hunter, ages 9 through 16.
Hunters must be at least age 9.
7. We allow the use of only longbows, compound bows, and recurved
bows during the archery hunt. We allow the use of only shoulder-fired
muzzleloaders, rifles, and crossbows during the firearm hunt. Persons
possessing, transporting, or carrying firearms on national wildlife
refuges must comply with all provisions of State and local law. Persons
may only use (discharge) firearms in accordance with refuge regulations
(see Sec. 27.42 of this chapter and specific refuge regulations in
part 32). Muzzleloader firearms must be .40 caliber or larger, and
modern rifles must be centerfired and .22 caliber or larger. We
prohibit loaded authorized hunting firearms (see Sec. 27.42 of this
chapter) in the passenger compartment of a motor vehicle. We define
``loaded'' as having rounds in the chamber or magazine or a firing cap
on a muzzleloading firearm. We prohibit target practice or ``sighting-
in'' on the refuge.
8. We allow a scouting period prior to the commencement of the
refuge deer hunting season. A permitted hunter and a limit of two
nonpermitted individuals may enter the hunt units during the scouting
period. We allow access to the units during the scouting period from
legal sunrise to legal sunset. You must clearly display the refuge-
issued Hunter Vehicle Validation Tags/Scouting Permits (name, address,
and phone number; available from the refuge office) face up on the
vehicle dashboard when hunting and scouting.
* * * * *
15. We prohibit killing or wounding an animal covered in this
section and intentionally or knowingly failing to make a reasonable
effort to retrieve and include it in the hunter's bag limit.
16. We prohibit use of or hunting from any type of watercraft or
floating device.
17. Hunters must receive authorization from a refuge employee to
enter closed refuge areas to retrieve harvested game.
* * * * *
San Bernard National Wildlife Refuge
A. Migratory Game Bird Hunting. * * *
* * * * *
3. We require hunters to use the Waterfowl Lottery Application (FWS
Form 3-2355) and payment of fees for the Sergent Permit Waterfowl Hunt
Area. Hunters must abide by all terms and conditions set by the
permits.
* * * * *
6. Persons possessing, transporting, or carrying firearms on
national wildlife refuges must comply with all provisions of State and
local law. Persons may only use (discharge) firearms in accordance with
refuge regulations (see Sec. 27.42 of this chapter and specific refuge
regulations in part 32).
* * * * *
D. Sport Fishing. * * *
* * * * *
2. We allow access for shore fishing at Cedar Lake Creek Public
Fishing Area; we prohibit the use or possession of alcoholic beverages
in all Public Fishing Areas.
3. Persons possessing, transporting, or carrying firearms on
national wildlife refuges must comply with all provisions of State and
local law. Persons may only use (discharge) firearms in accordance with
refuge regulations (see Sec. 27.42 of this chapter and specific refuge
regulations in part 32).
* * * * *
Trinity River National Wildlife Refuge
* * * * *
B. Upland Game Hunting. * * *
1. We require hunters to possess a refuge permit (signed brochure)
and pay a fee for the hunt application. For information concerning the
hunts, contact the refuge office. The hunter must carry the
nontransferable permit at all times while hunting.
2. We will offer a limited season upland game squirrel and rabbit
hunt. We require refuge permits and hunters must turn in the Upland/
Small Game/Furbearer Report (FWS Form 3-2362) by the date specified on
the permit. Failure to submit the report will render the hunter
ineligible for the next year's limited upland game hunt. Drawings will
be either by lottery or on a first-come-first-served basis. We will
describe hunt units in maps and written directions.
* * * * *
4. All units are walk-in only. We prohibit hunters using dogs,
feeders, baiting, campsites, fires, horses, bicycles, and all-terrain
vehicles (except on designated units which allow ATV use for hunters
with disabilities). We provide access for hunters with disabilities.
Please contact the refuge office for additional information.
5. Persons possessing, transporting, or carrying firearms on
national wildlife refuges must comply with all provisions of State and
local law. Persons may only use (discharge) firearms in accordance with
refuge regulations (see Sec. 27.42 of this chapter and specific refuge
regulations in part 32). Units will have a hunting type of weapon
restriction (long gun, shotgun, or archery) due to safety concerns.
6. Youth hunters age 12 through 17 must hunt with a permitted adult
age 18 or older and be within sight and normal voice contact of the
adult.
7. For safety we require a minimum distance between hunt parties of
200 yards (180 m). Hunters must visibly wear 400 square inches (2,600
cm\2\) of hunter orange above the waist and a hunter-orange hat or cap.
8. We require hunters to park only in the assigned parking area at
each hunt unit. They may enter the refuge no earlier than 4:30 a.m. We
will allow hunting from \1/2\ hour before legal sunrise to legal sunset
only during the days specified on the permit.
9. Hunters may place no more than one temporary stand on the
refuge. Hunters may place the stand during the scouting week before the
hunt begins and must remove it the day the hunt ends. Hunters must
remove all flagging or markers the day the hunt ends. We prohibit the
use of paint for marking. Hunters must label blinds with the name of
the permit holder. We prohibit hunting or erection of blinds along
refuge roads or main trails.
C. Big Game Hunting. * * *
1. We will offer limited (shortened) seasons for big game hunting
of deer
[[Page 56088]]
and feral hog. The limited hunts are during the archery, general, and
muzzleloader State seasons. We require refuge permits (signed refuge
brochure) and Big Game Harvest Report (FWS Form 3-2359). Hunters must
turn in both forms by the date specified on the permit. Failure to
submit the Harvest Report will render the hunter ineligible for the
next year's limited big game hunt. Drawings are by lottery. We will
describe hunt units in maps and provide written directions.
2. Conditions B3 through B9 apply.
* * * * *
0
31. Amend Sec. 32.64 Utah by revising paragraphs A.10., B., and C.
under Ouray National Wildlife Refuge to read as follows:
Sec. 32.64 Utah.
* * * * *
Ouray National Wildlife Refuge
A. Migratory Game Bird Hunting. * * *
* * * * *
10. Persons possessing, transporting, or carrying firearms on
national wildlife refuges must comply with all provisions of 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).
B. Upland Game Hunting. We allow hunting of pheasant and turkey in
accordance with State regulations subject to the following conditions:
1. We allow pheasant and turkey hunting within designated areas.
2. We prohibit hunting on the islands and sandbars within the Green
River.
3. We allow turkey hunting for youth hunters under age 14 during
the general-season, youth-only turkey hunt season.
C. Big Game Hunting. We allow hunting of deer and elk in accordance
with State regulations subject to the following conditions:
1. We allow deer and elk hunting within designated areas.
2. We prohibit hunting on the islands and sandbars within the Green
River.
3. We allow use of portable tree stands and hunting blinds. Hunters
must remove all tree stands and blinds no later than the last day of
the hunting season for which they have a permit (see Sec. 27.93 of
this chapter).
4. We allow elk hunting for youth hunters under age 14 only prior
to October 1.
5. We allow elk hunting during the Uintah Basin Extended Archery
Elk Hunt starting on October 1.
6. We prohibit elk hunting during the general season any-legal-
weapon (rifle) and muzzleloader- bull-elk hunts.
7. We allow elk hunting during limited late season antlerless elk
(after December 1), hunter depredation pool, and other disabled/youth
elk hunts in accordance with State and refuge regulations.
* * * * *
0
32. Amend Sec. 32.67 Washington by:
0
a. Revising the entry for Columbia National Wildlife Refuge;
0
b. Revising the entry for Conboy Lake National Wildlife Refuge;
0
c. Revising the entry for McNary National Wildlife Refuge;
0
d. Revising the entry for Toppenish National Wildlife Refuge; and
0
e. Revising the entry for Umatilla National Wildlife Refuge.
The revisions read as follows:
Sec. 32.67 Washington.
* * * * *
Columbia National Wildlife Refuge
A. Migratory Game Bird Hunting. We allow hunting of goose, duck,
coot, and snipe on designated areas of the refuge in accordance with
State regulations subject to the following conditions:
1. Except for Soda Lake Campground, we prohibit overnight parking
and/or camping.
2. You may possess only approved nontoxic shot for hunting (see
Sec. 32.2(k)).
3. We prohibit discharge of any firearm within \1/4\ mile (396 m)
of any maintained building or Federal facility, such as, but not
limited to, a structure designed for storage, human occupancy, or
shelter for animals.
4. We only allow portable blinds and temporary blinds constructed
of nonliving natural materials. Hunters must remove all decoys and
other equipment (see Sec. 27.93 of this chapter) at the end of each
day.
5. We allow hunting only on Wednesdays, Saturdays, Sundays, and
Federal holidays on Marsh Unit 1 and Farm Units 226-227.
6. Prior to entering the Farm Unit 226-227 hunt area, we require
you to possess and carry a special refuge permit (name/address/phone
number), pay a recreation user fee, and obtain a blind assignment.
B. Upland Game Hunting. We allow hunting of upland game birds on
designated areas of the refuge in accordance with State regulations
subject to the following conditions:
1. Conditions A1, A2, and A3 apply.
2. We allow hunting of only upland game birds during State upland
game seasons that run concurrently with the State waterfowl season.
3. We allow hunting from 12 p.m. (noon) to legal sunset on
Wednesdays, Saturdays, Sundays, and Federal holidays in Marsh Unit 1.
C. Big Game Hunting. We allow hunting of deer on designated areas
of the refuge in accordance with State regulations subject to the
following conditions:
1. Conditions A1, A2, and A3 apply.
2. We allow hunting only during State deer seasons that run
concurrently with the State waterfowl season.
3. We allow hunting with shotgun and archery only.
D. Sport Fishing. We allow fishing on designated areas of the
refuge in accordance with State regulations subject to the following
conditions:
1. Condition A1 applies.
2. On waters open to fishing, we allow fishing only from April 1 to
September 30, with the exception of Falcon, Heron, Goldeneye, Corral,
Blythe, Chukar, and Scaup Lakes that are open year-round.
3. We allow frogging during periods when we allow fishing on
designated waters.
Conboy Lake National Wildlife Refuge
A. Migratory Game Bird Hunting. We allow hunting of goose, duck,
coot, and snipe on designated areas of the refuge in accordance with
State regulations subject to the following conditions:
1. We prohibit overnight camping and/or parking.
2. You may possess only approved nontoxic shot for hunting (see
Sec. 32.2(k)).
3. We prohibit discharge of any firearm within \1/4\ mile (396 m)
of any maintained building or Federal facility, such as, but not
limited to, a structure designed for storage, human occupancy, or
shelter for animals.
4. We allow only portable blinds and temporary blinds constructed
of nonliving natural materials. Hunters must remove all decoys and
other equipment at the end of each day (see Sec. 27.93 of this
chapter).
B. Upland Game Hunting. [Reserved]
C. Big Game Hunting. We allow hunting of deer on designated areas
of the refuge in accordance with State regulations subject to the
following conditions: Conditions A1, A2, and A3 apply.
D. Sport Fishing. [Reserved]
* * * * *
McNary National Wildlife Refuge
A. Migratory Game Bird Hunting. We allow hunting of goose, duck,
coot, dove, and snipe on designated areas of the refuge in accordance
with State regulations subject to the following conditions:
1. We prohibit overnight camping and/or parking.
2. You may possess only approved nontoxic shot for hunting (see
Sec. 32.2(k)).
3. We prohibit discharge of any firearm within \1/4\ mile (396 m)
of any
[[Page 56089]]
maintained building or Federal facility, such as, but not limited to, a
structure designed for storage, human occupancy, or shelter for
animals.
4. We allow only portable blinds and temporary blinds constructed
of nonliving natural materials. Hunters must remove all decoys and
other equipment (see Sec. 27.93 of this chapter) at the end of each
day.
5. On the McNary Fee Hunt Area (McNary Headquarters Unit), we allow
hunting subject to the following conditions:
i. The McNary Fee Hunt Area (McNary Headquarters Unit) is only open
on Wednesdays, Saturdays, Sundays, Thanksgiving Day, and New Year's
Day.
ii. We require hunters to possess and carry a special refuge permit
(name/address/phone number), pay a recreation user fee, and obtain a
blind assignment before hunting.
iii. We allow hunting only from assigned blind sites and require
hunters to remain within 100 feet (30 m) of marked posts unless
retrieving birds or setting decoys.
iv. We prohibit the hunting of dove.
v. Hunters may only possess up to 25 shot shells per hunt day.
6. On the Peninsula Unit, we allow hunting subject to the following
conditions:
i. On the east shoreline of the Peninsula Unit, we allow hunting
only from established numbered blind sites, assigned on a first-come,
first-served basis. We require hunters to remain within 100 feet (30 m)
of marked posts unless retrieving birds or setting decoys.
ii. On the west shoreline of the Peninsula Unit, we require hunters
to space themselves a minimum of 200 yards (180 m) apart.
7. We close Strawberry Island in the Snake River to all access.
8. We close Badger and Foundation Islands in the Columbia River to
all access.
B. Upland Game Hunting. We allow hunting of upland game birds on
designated areas of the refuge in accordance with State regulations
subject to the following conditions:
1. Conditions A1, A2, A3, A7, and A8 apply.
2. On the McNary Fee Hunt Area (McNary Headquarters Unit), we allow
hunting on Wednesdays, Saturdays, Sundays, Thanksgiving Day, and New
Year's Day. We prohibit hunting before 12 p.m. (noon) on each hunt day.
3. On the Peninsula Unit, we prohibit hunting before 12 p.m. (noon)
on goose hunt days.
C. Big Game Hunting. We allow hunting of deer only on the
Stateline, Juniper Canyon, and Wallula Units in accordance with State
regulations subject to the following conditions.
1. Conditions A1, A2, A3, A7, and A8 apply.
2. On the Wallula Unit, we allow hunting with shotgun and archery
only.
D. Sport Fishing. We allow fishing on designated areas of the
refuge in accordance with State regulations subject to the following
conditions: Conditions A1, A7, and A8 apply.
* * * * *
Toppenish National Wildlife Refuge
A. Migratory Game Bird Hunting. We allow hunting of goose, duck,
coot, dove, and snipe on designated areas of the refuge in accordance
with State regulations subject to the following conditions:
1. We prohibit overnight camping and/or parking.
2. You may possess only approved nontoxic shot for hunting (see
Sec. 32.2(k)).
3. We prohibit discharge of any firearm within \1/4\ mile (396 m)
of any maintained building or Federal facility, such as, but not
limited to, a structure designed for storage, human occupancy, or
shelter for animals.
4. We allow only portable blinds and temporary blinds constructed
of nonliving natural materials. Hunters must remove all decoys and
other equipment (see Sec. 27.93 of this chapter) at the end of each
day.
5. We allow dove hunting only on the Chloe, Webb, Petty, Halvorson,
Chambers, and Isiri Units.
6. On the Pumphouse and Robbins Road Units, hunters may only
possess up to 25 shot shells per hunt day.
7. On the Pumphouse, Petty, Isiri, Chamber, and Chloe Units, we
allow hunting 7 days a week subject to the following condition: We
require hunting parties to space themselves a minimum of 200 yards (180
m) apart.
8. On the Halvorson and Webb Units, we allow hunting only on
Wednesdays, Saturdays, Sundays, Thanksgiving Day, Christmas Day, and
New Year's Day.
9. On the Robbins Road Unit, we allow hunting only on Tuesdays,
Thursdays, Saturdays, Sundays, Thanksgiving Day, Christmas Day, and New
Year's Day.
10. On the Robbins Road and Pumphouse Units, we allow hunting only
from numbered field blind sites, and hunters must park their vehicles
only at the numbered post corresponding to the numbered field blind
site they are using (see Sec. 27.31 of this chapter). Selection of
parking sites/numbered posts is on a first-come, first-served basis at
the designated parking lot. We prohibit free-roam hunting or jump
shooting, and you must remain within 100 feet (30 m) of the numbered
field blind post unless retrieving birds or setting decoys. We allow a
maximum of four persons per blind site.
B. Upland Game Hunting. We allow hunting of upland game birds on
designated areas of the refuge in accordance with State regulations
subject to the following conditions:
1. Conditions A1 through A3 apply.
2. We allow hunting of upland game from 12 p.m. (noon) to legal
sunset of each hunt day.
3. On the Halvorson and Webb Units, we allow hunting only on
Wednesdays, Saturdays, Sundays, Thanksgiving Day, Christmas Day, and
New Year's Day.
4. On the Robbins Road Unit, we allow hunting only on Tuesdays,
Thursdays, Saturdays, Sundays, Thanksgiving Day, Christmas Day, and New
Year's Day.
C. Big Game Hunting. [Reserved]
D. Sport Fishing. [Reserved]
* * * * *
Umatilla National Wildlife Refuge
A. Migratory Game Bird Hunting. We allow hunting of goose, duck,
coot, dove, and snipe on designated areas of the refuge in accordance
with State regulations subject to the following conditions:
1. We prohibit overnight camping and/or parking.
2. You may possess only approved nontoxic shot for hunting (see
Sec. 32.2(k)).
3. We prohibit discharge of any firearms within \1/4\ mile (396 m)
of any maintained building or Federal facility, such as, but not
limited to, a structure designed for storage, human occupancy, or
shelter for animals.
4. We only allow portable blinds and temporary blinds constructed
of nonliving natural materials. You must remove all decoys and other
equipment (see Sec. 27.93 of this chapter) at the end of each day.
5. On the Paterson and Whitcomb Units, we allow hunting only on
Wednesdays, Saturdays, Sundays, Thanksgiving Day, Christmas Day, and
New Year's Day.
6. In the refuge ponds within the Paterson Unit, we allow only
nonmotorized boats and boats with electric motors.
7. On the Ridge Unit, we allow only shoreline hunting and prohibit
hunting from boats.
8. We require waterfowl hunting parties to space themselves a
minimum of 200 yards (180 m) apart.
9. We close all islands within the Columbia River to all access.
B. Upland Game Hunting. We allow hunting of upland game birds on
[[Page 56090]]
designated areas of the refuge in accordance with State regulations
subject to the following conditions:
1. Conditions A1, A2, A3, A5, and A9 apply.
2. We allow hunting of upland game from 12 p.m. (noon) to legal
sunset of each hunt day.
C. Big Game Hunting. We allow hunting of deer on designated areas
of the refuge in accordance with State regulations subject to the
following conditions:
1. Conditions A1, A2, A3, and A9 apply.
2. We allow hunting by special permit only (issued by the State).
D. Sport Fishing. We allow fishing on designated areas of the
refuge in accordance with State regulations subject to the following
conditions:
1. Conditions A1 and A9 apply.
2. We allow fishing on refuge impoundments and ponds from February
1 through September 30.
* * * * *
0
33. Amend Sec. 32.68 West Virginia by revising paragraphs A.2. and
A.4., adding paragraph A.8., and revising paragraphs B.1., C.1., and
C.2. under Canaan Valley National Wildlife Refuge to read as follows:
Sec. 32.68 West Virginia.
* * * * *
Canaan Valley National Wildlife Refuge
A. Migratory Game Bird Hunting. * * *
* * * * *
2. We allow hunting on most refuge lands with the following
exceptions: the area surrounding the refuge headquarters, areas marked
as safety zones, areas marked as no hunting zones, areas marked as
closed to all public entry, or within 500 feet (150 m) of any dwelling
in accordance with State regulations.
* * * * *
4. The refuge opens 1 hour before legal sunrise and closes 1 hour
after legal sunset, including parking areas. We prohibit camping. We
prohibit overnight parking except by Special Use Permit (FWS Form 3-
1383) on Forest Road 80.
* * * * *
8. We prohibit hunters from leaving decoys and other personal
property on the refuge (see Sec. 27.93 of this chapter).
B. Upland Game Hunting. * * *
1. Conditions A1 (Upland/Small Game/Furbearer Report; FWS Form 3-
2362), A2, A4, A6, and A7 apply.
* * * * *
C. Big Game Hunting.* * *
1. Conditions A1 (Big Game Harvest Report; FWS Form 3-2359), A2,
A4, A6, A7, and B4 apply.
2. You may only enter the refuge on foot. You may use hand-powered,
wheeled carts for transporting big game.
* * * * *
0
34. Amend Sec. 32.69 Wisconsin by:
0
a. Adding paragraph C.6. and revising paragraph D. under Horicon
National Wildlife Refuge;
0
b. Removing paragraph C.2., redesignating paragraphs C.3. through C.11.
as paragraphs C.2. through C.10., revising newly redesignated paragraph
C.6., adding new paragraph C.11., and revising paragraph D. under
Necedah National Wildlife Refuge; and
0
c. Revising paragraphs B. and D. under Trempealeau National Wildlife
Refuge.
The additions and revisions read as follows:
Sec. 32.69 Wisconsin.
* * * * *
Horicon National Wildlife Refuge
* * * * *
C. Big Game Hunting. * * *
* * * * *
6. Any ground blind used during any gun deer season must display at
least 144 square inches (936 cm\2\) of solid-blaze-orange material
visible from all directions.
D. Sport Fishing. We allow fishing on designated areas of the
refuge in accordance with State regulations subject to the following
conditions:
1. We allow only bank fishing.
2. We prohibit the use of fishing weights or lures containing lead.
* * * * *
Necedah National Wildlife Refuge
* * * * *
C. Big Game Hunting. * * *
* * * * *
6. Refuge Area 2 is open to deer hunting during State archery, gun,
and muzzleloader seasons, except for any early antlerless-only hunts.
* * * * *
11. Any ground blind used during any gun deer season must display
at least 144 square inches (936 cm\2\) of solid-blaze-orange material
visible from all directions.
D. Sport Fishing. We allow fishing in designated waters of the
refuge at designated times subject to the following conditions:
1. We allow use of nonmotorized boats in Sprague-Goose pools only
when these pools are open to fishing.
2. We allow motorized boats in Suk Cerney Pool.
3. We allow fishing by hook and line only.
* * * * *
Trempealeau National Wildlife Refuge
* * * * *
B. Upland Game Hunting. [Reserved]
* * * * *
D. Sport Fishing. We allow fishing on designated areas of the
refuge from legal sunrise to legal sunset in accordance with State laws
for inland waters subject to the following conditions:
1. We allow boats propelled by hand or electric motors only on
refuge pools. We do not prohibit the possession of other watercraft
motors, only their use. We do not restrict gasoline-powered motors on
the navigable channel of the Trempealeau River.
2. We prohibit harvest of turtle, snake, frog, or any other reptile
or amphibian (see Sec. 27.21 of this chapter).
3. We prohibit the release of live bait.
4. We prohibit night-lighting, archery, spearing, or netting of
fish.
5. We prohibit fishing within 200 feet (60 m) of a water control
structure as per State regulation.
6. Anglers must remove ice fishing shelters from the refuge at the
end of each day.
* * * * *
Dated: August 29, 2011.
Eileen Sobeck,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 2011-22752 Filed 9-8-11; 8:45 am]
BILLING CODE 4310-55-P