[Federal Register: August 29, 2008 (Volume 73, Number 169)]
[Rules and Regulations]
[Page 51151-51161]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr29au08-11]
[[Page 51151]]
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Part IV
Department of the Interior
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Fish and Wildlife Service
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50 CFR Part 32
2008-2009 Refuge-Specific Hunting and Sport Fishing Regulations
(Additions); Final Rule
[[Page 51152]]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 32
[FWS-R9-WSR-2008-0017; 93250-1261-0000-4A]
RIN 1018-AV20
2008-2009 Refuge-Specific Hunting and Sport Fishing Regulations
(Additions)
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 programs and increases the
activities available at six other refuges for the 2008-2009 season.
DATES: This rule is effective on August 29, 2008.
FOR FURTHER INFORMATION CONTACT: Leslie A. Marler, Management Analyst,
Division of Conservation Planning and Policy, U.S. Fish and Wildlife
Service, 4401 N. Fairfax Drive, Suite 670, Arlington, VA 22203; (703)
358-2397; Fax (703) 358-2248.
SUPPLEMENTARY INFORMATION: The National Wildlife Refuge System
Administration Act of 1966 closes national wildlife refuges in all
States except Alaska to all uses until opened. The Secretary of the
Interior (Secretary) may open refuge areas to any use, including
hunting and/or sport fishing, upon a determination that such uses are
compatible with the purposes of the refuge and National Wildlife Refuge
System (Refuge System or our/we) mission. The action also must be in
accordance with provisions of all laws applicable to the areas,
developed in coordination with the appropriate State fish and wildlife
agency(ies), consistent with the principles of sound fish and wildlife
management and administration, and otherwise in the public interest.
These requirements ensure that we maintain the biological integrity,
diversity, and environmental health of the Refuge System for the
benefit of present and future generations of Americans.
We review refuge hunting and sport fishing programs to determine
whether to include additional refuges or whether individual refuge
regulations governing existing programs need modifications. Changing
environmental conditions, State and Federal regulations, and other
factors affecting fish and wildlife populations and habitat may warrant
modifications to refuge-specific regulations to ensure the continued
compatibility of hunting and sport fishing programs and to ensure that
these programs will not materially interfere with or detract from the
fulfillment of refuge purposes or the Refuge System's mission.
Provisions governing hunting and sport fishing on refuges are in
title 50 of the Code of Federal Regulations in part 32 (50 CFR part
32). We regulate hunting and sport fishing on refuges to:
Ensure compatibility with refuge purpose(s);
Properly manage the fish and wildlife resource(s);
Protect other refuge values;
Ensure refuge visitor safety; and
Provide opportunities for quality fish and wildlife-
dependent recreation.
On many refuges where we decide to allow hunting and sport fishing,
our general policy of adopting regulations identical to State hunting
and sport fishing regulations is adequate in meeting these objectives.
On other refuges, we must supplement State regulations with more-
restrictive Federal regulations to ensure that we meet our management
responsibilities, as outlined in the ``Statutory Authority'' section.
We issue refuge-specific hunting and sport fishing regulations when we
open wildlife refuges to migratory game bird hunting, upland game
hunting, big game hunting, or sport fishing. These regulations list the
wildlife species that you may hunt or fish, along with seasons, bag or
creel limits, methods of hunting or sport fishing, descriptions of
areas open to hunting or sport fishing, and other provisions as
appropriate. You may find previously issued refuge-specific regulations
for hunting and sport fishing in 50 CFR part 32. In this rulemaking, we
are also standardizing and clarifying the language of existing
regulations.
Plain Language Mandate
In this rule, we made some of the revisions to the individual
refuge units to comply with a Presidential mandate to use plain
language in regulations; as such, these particular revisions do not
modify the substance of the previous regulations. These types of
changes include using ``you'' to refer to the reader and ``we'' to
refer to the Refuge System, using the word ``allow'' instead of
``permit'' when we do not require the use of a permit for an activity,
and using active voice (i.e., ``We restrict entry into the refuge'' vs.
``Entry into the refuge is restricted'').
Statutory Authority
The National Wildlife Refuge System Administration Act of 1966 (16
U.S.C. 668dd-668ee, as amended by the National Wildlife Refuge System
Improvement Act of 1997 [Improvement Act]) (Administration Act) and the
Refuge Recreation Act of 1962 (16 U.S.C. 460k-460k-4) (Recreation Act)
govern the administration and public use of refuges.
Amendments enacted by the Improvement Act built upon the
Administration Act in a manner that provides an ``organic act'' for the
Refuge System similar to those that exist for other public Federal
lands. The Improvement Act serves to ensure that we effectively manage
the Refuge System as a national network of lands, waters, and interests
for the protection and conservation of our Nation's wildlife resources.
The Administration Act states first and foremost that we focus our
Refuge System mission on conservation of fish, wildlife, and plant
resources and their habitats. The Improvement Act requires the
Secretary, before allowing a new use of a refuge, or before expanding,
renewing, or extending an existing use of a refuge, to determine that
the use is compatible with the mission for which the refuge was
established. The Improvement Act established as the policy of the
United States that wildlife-dependent recreation, when compatible, is a
legitimate and appropriate public use of the Refuge System, through
which the American public can develop an appreciation for fish and
wildlife. The Improvement Act established six wildlife-dependent
recreational uses, when compatible, as the priority general public uses
of the Refuge System. These uses are: hunting, fishing, wildlife
observation and photography, and environmental education and
interpretation.
The Recreation Act authorizes the Secretary to administer areas
within the Refuge System for public recreation as an appropriate
incidental or secondary use only to the extent that doing so is
practicable and not inconsistent with the primary purpose(s) for which
Congress and the Service established the areas. The Recreation Act
requires that any recreational use of refuge lands be compatible with
the primary purpose(s) for which we established the refuge and not
inconsistent with other previously authorized operations.
The Administration Act and Recreation Act also authorize the
Secretary to issue regulations to carry out the purposes of the Acts
and regulate uses.
We develop specific management plans for each refuge prior to
opening it to hunting or sport fishing. In many cases, we develop
refuge-specific
[[Page 51153]]
regulations to ensure the compatibility of the programs with the
purpose(s) for which we established the refuge and the Refuge System
mission. We ensure initial compliance with the Administration Act and
the Recreation Act for hunting and sport fishing on newly acquired
refuges through an interim determination of compatibility made at or
near the time of acquisition. These regulations ensure that we make the
determinations required by these acts prior to adding refuges to the
lists of areas open to hunting and sport fishing in 50 CFR part 32. We
ensure continued compliance by the development of comprehensive
conservation plans, specific plans, and by annual review of hunting and
sport fishing programs and regulations.
Response to Comments Received
In the June 11, 2008, Federal Register (73 FR 33202) we published a
proposed rulemaking identifying refuges and their proposed hunting and/
or fishing programs and invited public comments. We reviewed and
considered all comments received by July 11, 2008, following a 30-day
comment period.
We received 16 comments on the proposed rule, 7 opposed and 9 in
support of the rulemaking. We have synthesized these comments into four
general comments for our response.
Comment 1: Several commenters expressed concern about the opening
of Hamden Slough NWR to deer hunting.
Response 1: Land use surrounding the refuge is primarily
agricultural; however, approximately 5,500 acres of federally managed
waterfowl production areas, and State-managed wildlife management areas
are found in the three-township area surrounding the refuge. While we
agree that deer populations are ultimately limited by the amount of
available habitat, we do not believe that the opening of Hamden Slough
to muzzleloader hunting will dramatically lower deer populations given
the historical harvest rates associated with this season. Due to its
limited size, Hamden Slough does not support an isolated or unique
population of deer. We manage deer utilizing the refuge as a broader
population of deer in this hunting unit by the Minnesota Department of
Natural Resources. No changes were made to the rule as a result of
these comments.
Comment 2: Also specific to Hamden Slough, one commenter asked
about the extent of public notification, the impact on the local
pheasant population, how much public hunting land is available in the
immediate area, and questionable hunting techniques (shooting from
roads, trespassing).
Response 2a: Public notification: Prior to public review of the
Hunt Plan, Environmental Assessment, and Compatibility Determination,
we notified the public via newspaper, radio and other media regarding a
public meeting on November 30, 2004, to review opening the refuge to
hunting and also to propose various refuge hunting options. At the
meeting, we gave the public the opportunity to make comments on both
opening the refuge to hunting and the types of hunting desired.
Following the meeting, a public comment period lasted from November 30,
2004 to December 15, 2004. We received comments or letters from 23
respondents, of which a majority favored either limited waterfowl
hunting or limited deer hunting. Some respondents recommended either
the waterfowl or deer hunt but were opposed to the other. Most
expressed concern about wildlife disturbance and the effect on hunting
on nearby private and public lands. We maintain recorded public
comments and letters for review at the refuge office.
After we received initial public comments from the November 2004,
public meeting, on December 17, 2004, we placed a draft Hunting Plan,
draft Hunting Environmental Assessment, and draft Compatibility
Determination at the Detroit Lakes Public Library. Legal notification
and news articles on December 19 and 22, 2004, informed the public that
the hunting proposal documents were available for review, and that we
would receive additional public comments through January 10, 2005. We
received two comments: one from the White Earth Reservation Tribal
Council and one from the Minnesota Department of Natural Resources. We
received no comments from the general public.
On November 4, 2005, we posted a second comment period for review
at the Detroit Lakes Public Library and refuge headquarters. Legal
notification and news articles on November 3 and November 6, 2005,
informed the public that the hunting proposal documents were available
for review and that we would receive additional public comments through
December 9, 2005. During this second comment period, the public had the
opportunity to review and comment for 35 days. We received no public
comments during this second comment period.
On February 15, 2007, we posted a third comment period for review
at the Detroit Lakes Public Library and Detroit Lakes Wetland
Management District headquarters. Legal notification on February 14 and
17, 2007, informed the public that a revised Environmental Assessment
of the hunting proposal was available for review, and that we would
receive additional public comments through March 17, 2007. During the
third comment period, the public had the opportunity to review and
comment (written or by phone) a period of 30 days. Again, we received
no public comments during this third comment period.
Response 2b: Impacts of this hunt on other wildlife, including
pheasants: Given the limited duration of these hunting seasons (1 day
youth waterfowl and 15 day late-season muzzleloader hunts), we do not
anticipate significant disturbance to migratory birds or other
wildlife.
Response 2c: How much public hunting land is available in the
immediate area: As addressed in Response 1 above, there are other
locations next to the refuge that are open to public hunting. These
acres equate to approximately 8 percent of the total area contained
within the three townships surrounding the refuge. With the addition of
the Hamden Slough fee-owned lands to the above acreage, this would
bring the total available publicly owned lands open to hunting in the
three-township area surrounding the refuge from the current 8 percent
to 13 percent.
Response 2d: Questionable hunting techniques: One of the
considerations covered in opening package documents before we make a
decision to open an area to hunting is the availability of our refuge
law enforcement officers during the hunt period. As with any other hunt
conducted within the Refuge System, our refuge law enforcement
personnel will work in concert with State game officials to enforce the
laws and our regulations during the hunt period. No changes were made
to the rule as a result of any of these comments.
Comment 3: A commenter objected to all openings in this rulemaking
citing the 2003 Fund for Animals lawsuit (still pending) and
incorporated all comments relative to that case to this rulemaking.
They further stated that the revised environmental assessments (EAs)
prepared for this rulemaking ``are nearly identical to, or in many
cases exactly the same as, the NEPA documents for these same refuges
that were published in 2007 and submitted to the court.'' Essentially
the commenter objects to the openings/expansions and believes that this
rulemaking represents ``a continuing violation of federal law,
including NEPA, given the Service's ongoing failure to prepare
Environmental Impact Statements (EIS) on its national wildlife refuge
sport-
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hunting program or, more broadly, its overall refuge recreation
program.''
Response 3: We disagree. On July 24, 2006, the Service published a
proposed rule (71 FR 41864) that would have opened for the first time
one refuge to a variety of hunting opportunities and expanded hunting
opportunities at six other refuges already open to hunting. It also
modified rules regarding hunt programs on other refuges. Because of the
District Court's August 31, 2006, ruling, we refrained from final
publication because the hunt opening contained in that proposal was
developed under the same NEPA procedure used for the refuges that are
the subject of the current litigation. Subsequently, we removed the
hunt opening and the expansions and published them as a separate
proposed rule on June 11, 2008, following a re-examination and
amendment of all affected EAs. The resulting EAs are detailed,
extensive analyses of the impact of hunting and/or the loss of hunting
on each refuge. They consider the cumulative hunting opportunities
throughout the State, the region, and the migratory bird flyway where
the refuge is. Although the documents bear some similarities, they also
contained varied, and often unique discussions on the environmental
impact of the opportunities presented on specific refuges, based on the
State, region, and/or flyway in which the refuge is located, and/or the
wildlife that reside in and/or use the refuge. Collectively, these
amended EAs address each and every aspect of complete NEPA compliance.
Therefore, we believe this action is not in conflict with the Court's
August 31, 2006, ruling because the NEPA compliance process used for
these actions is significantly different from, and additive to, that
used to cure the cumulative effects defects the Court found in the
litigation's original six rules and in the three rules added to the
case last fall. No change was made to this rulemaking as a result of
this comment.
Comment 4: Several commenters expressed opposition to opening
refuges to hunting and fishing and believe refuges should offer
protection and safe haven for wildlife.
Response 4: We disagree. The 1997 National Wildlife Refuge System
Improvement Act which amended the National Wildlife Refuge System
Administration Act stipulates that hunting (along with fishing,
wildlife observation and photography, and environmental education and
interpretation), if found to be compatible, is a legitimate and
priority general public use of a refuge that should be facilitated. The
Administration Act authorizes the Secretary to allow use of any refuge
area for any purpose as long as those uses are compatible. In the case
of each refuge opening/expansion in this rule, the refuge managers went
through the compatibility process to make this determination before
opening/expanding their refuge. No change was made to this rulemaking
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 comment period for the June 11, 2008, proposed rule. An
additional delay would jeopardize holding the hunting and/or fishing
programs this year or shorten their duration and thereby lessen the
management effectiveness of this regulation. This rule does not impact
the public generally in terms of requiring lead time for compliance.
Rather it relieves restrictions in that it allows activities on refuges
that we would otherwise prohibit. Therefore, we find good cause under 5
U.S.C. 553(d)(3) to make this rule effective upon date of filing.
New Hunting and Sport Fishing Programs
In preparation for new openings, we prepare and approve, at the
appropriate Regional Office and in Washington, documentation of
National Environmental Policy Act (NEPA) and the Endangered Species
Act; and we consult with the State and, where appropriate, Tribal
wildlife management agency. The Regional Director(s) certify that the
opening of these refuges to hunting and/or sport fishing is found to be
compatible with the purpose(s) for which the respective refuge(s) were
established and the Refuge System mission. You may request copies of
the compatibility determinations for these respective refuges from the
regional office noted under the heading ``Available Information for
Specific Refuges.''
The annotated chart below summarizes our changes. The key below the
chart explains the symbols used:
Table 1--Changes for 2008-2009 Hunting/Fishing
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National Wildlife Refuge State Migratory bird hunting Upland hunting Big game hunting Fishing
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Agassiz............................ MN.................... B..................... B.................... Previously published.
Hamden Slough...................... MN.................... A..................... ..................... A.
Blackwater......................... MD.................... B..................... B.................... Previously published. Previously published.
Whittlesey Creek................... WI.................... Previously published.. ..................... B.
Tensas River....................... LA.................... D..................... D.................... D.................... Previously published.
Upper Ouachita..................... LA.................... D..................... D.................... C/D.................. D.
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A = Refuge added and activities opened.
B = Refuge already listed; added hunt category.
C = Refuge already listed; added species to hunt category.
D = Refuge already listed and opened to this activity; added land.
We are adding one refuge to the list of areas open for hunting and/
or sport fishing and increasing opportunities at six refuges. We
proposed these changes in the 2006-2007 refuge-specific regulations (71
FR 41864, July 24, 2006) but did not finalize them. This rulemaking
does that. We have made significant changes to the analysis of impacts
under the requirements of the National Environmental Policy Act (NEPA)
to address inadequacies in our ``opening'' process found by Judge
Ricardo Urbina in his ruling in The Fund for Animals v. Dale Hall, 448
F. Supp. 2d.127, August 31, 2006. We believe that our new NEPA analysis
satisfies our legal requirements. Due to the delays experienced because
of the lawsuit, no rulemakings were published for the 2007-2008 season.
[[Page 51155]]
Bayou Cocodrie National Wildlife Refuge in the State of Louisiana
added new lands available to all existing opportunities, but this did
not result in any regulatory changes.
We are removing Stillwater Management Area in the State of Nevada
from the list of refuges in 50 CFR part 32. The Bureau of Reclamation
holds primary jurisdiction over these lands by virtue of a public lands
withdrawal for drainage for the 1902 Newlands Reclamation Project. The
1948 Tripartie Agreement with the Service, Nevada Board of Fish and
Game Commissioners (Nevada), and the Truckee-Carson Irrigation District
(Truckee-Carson) expired and has not been renewed.
We have cross-referenced a number of existing regulations in 50 CFR
parts 26, 27, and 32 to assist hunting and sport fishing visitors with
understanding safety and other legal requirements on refuges. This
redundancy is deliberate, with the intention of improving safety and
compliance in our hunting and sport fishing programs.
Fish Advisory
For health reasons, anglers should review and follow State-issued
consumption advisories before enjoying recreational sport fishing
opportunities on Service-managed waters. You can find information about
current fish consumption advisories on the Internet at: http://
www.epa.gov/ost/fish/.
Regulatory Planning and Review
The Office of Management and Budget (OMB) has determined that this
rule is not significant and has not reviewed this rule under Executive
Order 12866 (E.O. 12866). OMB bases its determination on the following
four criteria:
(a) Whether the rule will have an annual effect of $100 million or
more on the economy or adversely affect an economic sector,
productivity, jobs, the environment, or other units of the government.
(b) Whether the rule will create inconsistencies with other Federal
agencies' actions.
(c) Whether the rule will materially affect entitlements, grants,
use fees, loan programs, or the rights and obligations of their
recipients.
(d) Whether the rule raises novel legal or policy issues.
Regulatory Flexibility Act
Under the Regulatory Flexibility Act (as amended by the Small
Business Regulatory Enforcement Fairness Act [SBREFA] of 1996) (5
U.S.C. 601 et seq.), whenever a Federal agency is required to publish a
notice of rulemaking for any proposed or final rule, it must prepare
and make available for public comment a regulatory flexibility analysis
that describes the effect of the rule on small entities (i.e., small
businesses, small organizations, and small government jurisdictions).
However, no regulatory flexibility analysis is required if the head of
an agency certifies that the rule would not have a significant economic
impact on a substantial number of small entities. Thus, for a
regulatory flexibility analysis to be required, impacts must exceed a
threshold for ``significant impact'' and a threshold for a
``substantial number of small entities.'' See 5 U.S.C. 605(b). SBREFA
amended the Regulatory Flexibility Act to require Federal agencies to
provide a statement of the factual basis for certifying that a rule
would not have a significant economic impact on a substantial number of
small entities.
This rule does not increase the number of recreation types allowed
on the System but establishes a hunting program on one refuge and
expands activities at six other refuges. As a result, opportunities for
wildlife-dependent recreation on national wildlife refuges will
increase. The changes in the number of allowed use(s) are likely to
increase visitor activity on these national wildlife refuges.
Recreational user days are expected to increase by 475 fishing days and
8,352 hunting days. However, this is likely to be a substitute site for
the activity and not necessarily an overall increase in participation
rates for the activity.
New recreational user days generate expenditures associated with
recreational activities on refuges' wilderness areas. Due to the
unavailability of site-specific expenditure data, we use the national
estimates from the 2001 National Survey of Fishing, Hunting, and
Wildlife Associated Recreation to identify expenditures for food and
lodging, transportation, and other incidental expenses. Using the
average expenditures for these categories with the maximum expected
additional participation on the Refuge System yields approximately
$68,700 in fishing-related expenditures and $831,300 in hunting-related
expenditures.
By having ripple effects throughout the economy, these direct
expenditures are only part of the economic impact of recreational user
days. Using a national impact multiplier for hunting activities (2.73)
derived from the report ``Economic Importance of Hunting in America''
and a national impact multiplier for sportfishing activities (2.79)
from the report ``Sportfishing in America'' for the estimated increase
in direct expenditures yields a total economic impact of approximately
$2.4 million (2006 dollars) (Southwick Associates, Inc., 2003). (Using
a local impact multiplier would yield more accurate and smaller
results. However, we employed the national impact multiplier due to the
difficulty in developing local multipliers for each specific region.)
Since most of the fishing and hunting occurs within 100 miles of a
participant's residence, it is unlikely that most of this spending
would be ``new'' money coming into a local economy; therefore, this
spending would be offset with a decrease in some other sector of the
local economy. The net gain to the local economies would be no more
than $2.5 million, and most likely considerably less. Since 80 percent
of the participants travel fewer than 100 miles to engage in hunting
and fishing activities, their spending patterns would not add new money
into the local economy and, therefore, the real impact would be on the
order of $488,000 annually.
To the extent visitors spend time and money in the area of the
refuge that they would not have spent there anyway, they contribute new
income to the regional economy and benefit local businesses. Many small
businesses within the retail trade industry (such as hotels, gas
stations, taxidermy shops, bait and tackle shops) may benefit from some
increased refuge visitation. A large percentage of these retail trade
establishments in the majority of affected counties qualify as small
businesses (Table 2).
We expect that the incremental recreational opportunities will be
scattered, and so we do not expect that the rule will have a
significant economic effect (benefit) on a substantial number of small
entities in any region or nationally. Using the estimate derived in the
Regulatory Planning and Review section, we expect approximately
$488,000 to be spent in total in the refuges' local economies. The
maximum increase ($2.4 million if all spending were new money) at most
would be less than 1 percent for local retail trade spending (Table 2).
[[Page 51156]]
Table 2--Comparative Expenditures for Retail Trade Associated With Additional Refuge Visitation for 2008-2009
[2005 dollars in thousands]
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Estimated maximum
Refuge/county(ies) Retail trade in addition from new Addition as a Total number Establish. with
2002 activities percent of total retail establish. <10 emp.
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Agassiz:
Marshall, MN......................................... $80,352 $4 0.005 43 35
Hamden Slough:
Becker, MN........................................... 351,508 16 0.005 159 117
Blackwater:
Dorchester, MD....................................... 259,667 48 0.018 123 91
Whittlesey Creek:
Ashland, WI.......................................... 185,394 2 0.001 94 70
Bayou Cocodrie:
Concordia, LA........................................ 135,975 63 0.047 82 60
Tensas River:
Franklin, LA......................................... 205,637 53 0.026 83 63
Madison, LA.......................................... 78,207 53 0.068 42 31
Tensas, LA........................................... 23,931 53 0.222 26 22
Upper Ouachita:
Morehouse, LA........................................ 231,753 76 0.033 115 91
Union, LA............................................ 127,496 76 0.059 70 57
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With the small increase in overall spending anticipated from this
rule, it is unlikely that a substantial number of small entities will
have more than a small benefit from the increased spending near the
affected refuges. Therefore, we certify that this rule will not have a
significant economic effect on a substantial number of small entities
as defined under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.).
An initial/final Regulatory Flexibility Analysis is not required.
Accordingly, a Small Entity Compliance Guide is not required.
Small Business Regulatory Enforcement Fairness Act
The rule is not a major rule under 5 U.S.C. 804(2), the Small
Business Regulatory Enforcement Fairness Act. We anticipate no
significant employment or small business effects. This rule:
a. Would not have an annual effect on the economy of $100 million
or more. The additional fishing and hunting opportunities at these
refuges would generate angler and hunter expenditures with an economic
impact estimated at $2.4 million per year (2006 dollars). Consequently,
the maximum benefit of this rule for businesses both small and large
would not be sufficient to make this a major rule. The impact would be
scattered across the country and would most likely not be significant
in any local area.
b. Would not cause a major increase in costs or prices for
consumers; individual industries; Federal, State, or local government
agencies; or geographic regions. This rule would have only a slight
effect on the costs of hunting and fishing opportunities for Americans.
Under the assumption that any additional hunting and fishing
opportunities would be of high quality, participants would be attracted
to the refuge. If the refuge were closer to the participants'
residences, then a reduction in travel costs would occur and benefit
the participants. The Service does not have information to quantify
this reduction in travel cost but assumes that, since most people
travel less than 100 miles to hunt and fish, the reduced travel cost
would be small for the additional days of hunting and fishing generated
by this rule. We do not expect this rule to affect the supply or demand
for fishing and hunting opportunities in the United States and,
therefore, it should not affect prices for fishing and hunting
equipment and supplies, or the retailers that sell equipment.
Additional refuge hunting and fishing opportunities would account for
less than 0.001 percent of the available opportunities in the United
States.
c. Would not have significant adverse effects on competition,
employment, investment, productivity, innovation, or the ability of
United States-based enterprises to compete with foreign-based
enterprises. This rule represents only a small proportion of
recreational spending of a small number of affected anglers and
hunters, approximately a maximum of $2.4 million annually in impact.
Therefore, this rule would have no measurable economic effect on the
wildlife-dependent industry, which has annual sales of equipment and
travel expenditures of $72 billion nationwide. Refuges that establish
hunting and fishing programs may hire additional staff from the local
community to assist with the programs, but this would not be a
significant increase because we are opening only one refuge to hunting
and only six refuges are increasing activities by this rule.
Unfunded Mandates Reform Act
Since this rule would apply to public use of federally owned and
managed refuges, it would not impose an unfunded mandate on State,
local, or Tribal governments or the private sector of more than $100
million per year. The rule would not have a significant or unique
effect on State, local, or Tribal governments or the private sector. A
statement containing the information required by the Unfunded Mandates
Reform Act (2 U.S.C. 1531 et seq.) is not required.
Takings (E.O. 12630)
In accordance with E.O. 12630, this rule would not have significant
takings implications. This regulation would affect only visitors at
national wildlife refuges and describe what they can do while they are
on a refuge.
Federalism (E.O. 13132)
As discussed in the Regulatory Planning and Review and Unfunded
Mandates Reform Act sections above, this rule would not have sufficient
Federalism implications to warrant the preparation of a Federalism
Assessment under E.O. 13132. In preparing this rule, we worked with
State governments.
[[Page 51157]]
Civil Justice Reform (E.O. 12988)
In accordance with E.O. 12988, the Office of the Solicitor has
determined that the rule would not unduly burden the judicial system
and that it meets the requirements of sections 3(a) and 3(b)(2) of the
Order. The regulation would clarify established regulations and result
in better understanding of the regulations by refuge visitors.
Energy Supply, Distribution or Use (E.O. 13211)
On May 18, 2001, the President issued E.O. 13211 on regulations
that significantly affect energy supply, distribution, and use. E.O.
13211 requires agencies to prepare Statements of Energy Effects when
undertaking certain actions. Because this rule would add one refuge to
the list of areas open for hunting and increase the activities at six
refuges, it is not a significant regulatory action under E.O. 12866 and
is not expected to significantly affect energy supplies, distribution,
and use. Therefore, this action is a not a significant energy action
and no Statement of Energy Effects is required.
Consultation and Coordination With Indian Tribal Governments (E.O.
13175)
In accordance with E.O. 13175, we have evaluated possible effects
on federally recognized Indian tribes and have determined that there
are no effects. We coordinate recreational use on national wildlife
refuges with Tribal governments having adjoining or overlapping
jurisdiction before we propose the regulations.
Paperwork Reduction Act
This regulation does not contain any information collection
requirements other than those already approved by the Office of
Management and Budget under the Paperwork Reduction Act (44 U.S.C. 3501
et seq.) (OMB Control Number is 1018-0102). See 50 CFR 25.23 for
information concerning that approval. An agency may not conduct or
sponsor and a person is not required to respond to a collection of
information unless it displays a currently valid OMB control number. We
are currently seeking OMB approval for other necessary information
collection.
Endangered Species Act Section 7 Consultation
In preparation for new openings, we comply with Section 7 of the
Endangered Species Act (16 U.S.C. 1531 et seq.; ESA). Copies of the
Section 7 evaluations may be obtained by contacting the regions listed
under Available Information for Specific Refuges. For the new openings
or additional opportunities at national wildlife refuges for hunting
and/or fishing, we have determined that at Hamden Slough National
Wildlife Refuge, and Tensas River National Wildlife Refuge, the actions
are not likely to adversely affect listed species or designated
critical habitat. For the openings at Whittlesey Creek National
Wildlife Refuge and Blackwater National Wildlife Refuge, we have
determined the actions will have no affect on any listed species or
critical habitat. For Bayou Cocodrie National Wildlife Refuge, Upper
Ouachita National Wildlife Refuge, and Agassiz National Wildlife
Refuge, we have determined the actions may affect but are not likely to
adversely affect listed species/critical habitat.
We also comply with Section 7 of the ESA when we develop
comprehensive conservation plans (CCPs) and step-down management plans
for public use of refuges, and before implementing any new or revised
public recreation program on a refuge as identified in 50 CFR 26.32.
National Environmental Policy Act
Based upon review of the refuge-specific Environmental Assessments
for the opening of new or expansion of existing hunting programs on 7
national wildlife refuges (Agassiz NWR, Hamden Slough NWR, Blackwater
NWR, Whittlesey Creek, Bayou Cocodrie NWR, Tensas River NWR, and Upper
Ouachita NWR), and of associated documentation referenced below, it is
our determination that the action of opening or expanding hunting
programs on these 7 refuges as described and which will be codified by
rulemaking in 2008, does not constitute a major Federal action
significantly affecting the quality of the human environment under the
meaning of section 102(2)(c) of the National Environment Policy Act of
1969 (as amended) (42 U.S.C. 4321 et seq.). As such, an environmental
impact statement is not required.
We have prepared a Cumulative Impact Report that analyzes the
cumulative impacts of these openings. In this Report we evaluate
cumulative impacts within the context of the new and expanded hunting
and fishing programs on the seven refuges combined and within the
context of hunting and fishing programs on the Refuge System as a
whole.
Prior to the addition of a refuge to the list of areas open to
hunting and fishing in 50 CFR part 32, we develop hunting and fishing
plans for the affected refuges. We incorporate these refuge hunting and
fishing activities in the refuge CCPs and/or other step-down management
plans, pursuant to our refuge planning guidance in 602 Fish and
Wildlife Service Manual (FW) 1, 3, and 4. We prepare these CCPs and
step-down plans in compliance with section 102(2)(C) of NEPA and the
Council on Environmental Quality's regulations for implementing NEPA in
40 CFR parts 1500-1508. We invite the affected public to participate in
the review, development, and implementation of these plans. Copies of
all plans and NEPA compliance are available from the refuges at the
addresses provided below.
Available Information for Specific Refuges
Individual refuge headquarters retain information regarding public
use programs and conditions that apply to their specific programs and
maps of their respective areas. If the specific refuge you are
interested in is not mentioned below, then contact the appropriate
regional offices listed below:
Region 1--Hawaii, Idaho, Oregon, and Washington. Regional Chief,
National Wildlife Refuge System, U.S. Fish and Wildlife Service,
Eastside Federal Complex, Suite 1692, 911 N.E. 11th Avenue, Portland,
OR 97232-4181; Telephone (503) 231-6214.
Region 2--Arizona, New Mexico, Oklahoma, and Texas. Regional Chief,
National Wildlife Refuge System, U.S. Fish and Wildlife Service, Box
1306, 500 Gold Avenue, Albuquerque, NM 87103; Telephone (505) 248-7419.
Region 3--Illinois, Indiana, Iowa, Michigan, Minnesota, Missouri,
Ohio, and Wisconsin. Regional Chief, National Wildlife Refuge System,
U.S. Fish and Wildlife Service, 1 Federal Drive, Federal Building, Fort
Snelling, Twin Cities, MN 55111; Telephone (612) 713-5401. Hamden
Slough National Wildlife Refuge, 21212 210th Street, Audubon, Minnesota
56511; Telephone (218) 439-6319.
Region 4--Alabama, Arkansas, Florida, Georgia, Kentucky, Louisiana,
Mississippi, North Carolina, Tennessee, South Carolina, Puerto Rico,
and the Virgin Islands. Regional Chief, National Wildlife Refuge
System, U.S. Fish and Wildlife Service, 1875 Century Boulevard,
Atlanta, GA 30345; Telephone (404) 679-7166.
Region 5--Connecticut, Delaware, District of Columbia, Maine,
Maryland, Massachusetts, New Hampshire, New Jersey, New York,
Pennsylvania, Rhode Island, Vermont, Virginia and West Virginia.
Regional Chief, National Wildlife Refuge System, U.S. Fish and Wildlife
Service, 300 Westgate Center
[[Page 51158]]
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, Suite
W 2606, Sacramento, CA 95825-1846; Telephone (916) 414-6464.
Primary Author
Leslie A. Marler, Management Analyst, Division of Conservation
Planning and Policy, National Wildlife Refuge System, is the primary
author of this rulemaking document.
List of Subjects in 50 CFR Part 32
Fishing, Hunting, Reporting and recordkeeping requirements,
Wildlife, Wildlife refuges.
0
For the reasons set forth in the preamble, we amend title 50, Chapter
I, subchapter C of the Code of Federal Regulations as follows:
PART 32--[AMENDED]
0
1. The authority citation for part 32 continues to read as follows:
Authority: 5 U.S.C. 301; 16 U.S.C. 460k, 664, 668dd-668ee, and
715i.
0
2. Amend Sec. 32.7 ``What refuge units are open to hunting and/or
sport fishing?'' by:
0
a. Adding Hamden Slough National Wildlife Refuge, in alphabetical
order, in the State of Minnesota; and
0
b. Removing Stillwater Management Area in the State of Nevada.
0
3. Amend Sec. 32.37 Louisiana by:
0
a. Revising paragraphs A.3., A.5., A.6., A.9., A.11., A.12, B.2., B.6.,
B.7., adding paragraphs B.8. through B.10., and revising paragraph C.
of Tensas River National Wildlife Refuge; and
0
b. Revising paragraphs A., B., and C. of Upper Ouachita National
Wildlife Refuge to read as follows:
Sec. 32.37 Louisiana.
* * * * *
Tensas River National Wildlife Refuge
A. Migratory Game Bird Hunting. * * *
* * * * *
3. We allow refuge hunters to enter the refuge no earlier than 4
a.m., and they must depart no later than 2 hours after legal sunset
unless they are participating in the refuge raccoon hunt.
* * * * *
5. We allow shotguns equipped with a single-piece magazine plug
that allows the gun to hold no more than two shells in the magazine and
one in the chamber. We prohibit target practicing or shooting to unload
modern firearms on the refuge at any time. Shotgun hunters must possess
only an approved nontoxic shot when hunting migratory birds (see Sec.
32.2(k)). We require hunters to unload and encase all guns transported
in automobiles and boats or on all-terrain vehicles (see Sec. 27.42(b)
of this chapter). We allow firearms on the refuge only during the
refuge hunting season.
6. We prohibit permanent or pit blinds on the refuge. You must
remove all blind material sand decoys following each day's hunt (see
Sec. 27.93 of this chapter).
* * * * *
9. We prohibit baiting or the possession of bait at any time while
on the refuge (see Sec. 32.2(h)).
* * * * *
11. While visiting the refuge, we prohibit: spotlighting,
littering, fires, trapping, mandrives for game, possession of alcoholic
beverages in hunting areas, possession of open alcoholic beverage
containers, flagging, engineers tape, paint, unleashed pets, and
parking/blocking trail and gate entrances. We prohibit hunting within
150 feet (45 m) of: a designated public road, maintained road (a road
or trail which has been mowed, disked, or plowed), trail, fire breaks,
dwellings, and above-ground oil and gas production facilities.
12. We require a Tensas River National Wildlife Refuge Access
Permit for all migratory bird hunts. You will find the permits on the
front of the Public Use Regulation brochure.
* * * * *
B. Upland Game Hunting. * * *
* * * * *
2. We allow squirrel and rabbit hunting with and without dogs. We
will allow hunting without dogs from the beginning of the State season
to a date typically ending the day before the refuge deer muzzleloader
hunt. We do not require hunters to wear hunter orange during the
squirrel and rabbit hunt without dogs. Squirrel and rabbit hunting will
begin again, with or without dogs, the day after the refuge deer
muzzleloader hunt and will conclude the last day of the refuge squirrel
season which typically ends on February 15.
* * * * *
6. We allow .22 caliber rimfire weapons and shotguns equipped with
a single-piece magazine plug that allows the gun to hold no more than
two shells in the magazine and one in the chamber. We prohibit target
practicing or shooting to unload modern firearms on the refuge at any
time. Shotgun hunters must possess only an approved nontoxic shot when
hunting upland game (see Sec. 32.2(k)). We require hunters to unload
and encase all guns transported in automobiles and boats or on all-
terrain vehicles (see Sec. 27.42(b) of this chapter). We define loaded
as shells in gun or caps on muzzleloader. We allow firearms on the
refuge only during the refuge hunting season.
7. We require all upland game hunters to report their game
immediately after each hunt at the check station nearest the point of
take.
8. Conditions A7, A10, A11, and A13 apply.
9. We prohibit any hunter from using climbing spikes or to hunt
from a tree that contains screw-in steps, nails, screw-in umbrellas, or
any metal objects that could damage trees (see Sec. 32.2(i)).
10. We require a Tensas River National Wildlife Refuge Access
Permit for all upland game hunts. Hunters will find permits on the
front of the Public Use Regulations brochure.
C. Big Game Hunting. We allow hunting of white-tailed deer and
turkey on designated areas of the refuge subject to the following
conditions:
1. Deer archery season will begin the first Saturday in November
and will conclude on the last day of the State archery season which is
generally January 31. We require that archery hunters, including
crossbow hunters, possess proof of completion of the International
Bowhunters Safety course. We prohibit archery hunting during the
following refuge-wide deer hunts: youth gun hunt and modern firearms
hunts. We prohibit possession of pods, drug-tipped arrows, or other
chemical substances.
2. Deer muzzleloader season will be 3 days and occur on a Monday,
Tuesday, and Wednesday in January. We will allow in-line muzzleloaders
and magnified scopes.
3. We will conduct two 2-day quota modern firearms hunts for deer
typically in the month of December. Hunt dates and permit application
procedures will be available at Refuge Headquarters in July. We
restrict hunters using a muzzleloader during this hunt to areas where
we allow modern firearms.
[[Page 51159]]
4. We will conduct guided quota youth deer hunts and guided quota
physically challenged deer hunts in the Greenlea Bend area typically in
December and January. Hunt dates and permit application procedures will
be available at the Refuge Headquarters in July.
5. We will conduct a refuge-wide youth deer hunt during the State-
wide youth hunt weekend typically in November. Hunt dates will be
available at Refuge Headquarters in July. Each adult hunter may
supervise only one youth. Each participating youth must: be age 8-15,
possess proof of completion of an approved Hunter Safety Course, and be
accompanied at all times by an adult age 21 or older.
6. Hunters may take only one deer (one buck or one doe) per day
during refuge deer hunts except during guided youth and physically
challenged hunts where the limit will be one antlerless and one
antlered deer per day.
7. We allow turkey hunting the first 16 days of the State turkey
season. We will conduct a youth turkey hunt the Saturday and Sunday
before the regular State turkey season. You may harvest two bearded
turkeys per season. We allow the use and possession of lead shot while
turkey hunting on the refuge (see Sec. 32.2(k)). We allow use of
nonmotorized bicycles on designated all-terrain vehicle trails.
Although you may hunt turkeys without displaying a solid hunter orange
cap or vest during your turkey hunt, we do recommend its use.
8. Conditions A3, A7, A9, A11, A13, and B9 apply.
9. In areas posted ``Closed Area,'' we prohibit big game hunting at
any time. ``Closed Area''(s), which we designate on the Public Use
Regulations brochure map, are closed to all hunts.
10. We allow shotguns that are equipped with a single-piece
magazine plug that allows the gun to hold no more than two shells in
the magazine and one in the chamber. We allow shotgun hunters to use
rifled slugs only when hunting deer. We prohibit hunters using or
possessing buckshot while on the refuge. We prohibit target practicing
or shooting to unload modern firearms on the refuge at any time. We
require hunters to unload and encase all guns transported in
automobiles and boats or on all-terrain vehicles (see Sec. 27.42(b) of
this chapter). We define loaded as shells in gun or caps on
muzzleloader. We allow firearms on the refuge only during the refuge
hunting season.
11. We allow muzzleloader hunters to discharge their muzzleloaders
at the end of each hunt safely into the ground at least 150 feet (45 m)
from any designated public road, maintained road, trail, fire breaks,
dwellings, or above-ground oil and gas production facilities. We define
a maintained road or trail as one which has been mowed, disked, or
plowed and one which is free of trees.
12. We prohibit deer hunters leaving deer stands unattended before
the opening day of the refuge archery season, and hunters must remove
stands by the end of the last day of the refuge archery season. Hunters
must clearly mark stands left unattended on the refuge with the name
and address of the owner of the stand. Hunters must remove portable
stands from trees daily and place freestanding stands in a nonhunting
position when unattended.
13. We require deer hunters using muzzleloaders or modern firearms
to display a solid hunter-orange cap on their head and a solid hunter-
orange vest over their outermost garment covering their chest and back.
Hunters must display the solid hunter-orange items at all times while
in the field.
14. We require muzzleloader and modern firearms hunters utilizing
ground blinds to display 400 square inches (2,600 cm2) of
hunter orange outside of the blind that is visible from all sides of
the blind. Hunters must wear orange vests and hats as their outermost
garments while inside the blind.
15. We require all deer and turkey hunters to report their game
immediately after each hunt at the check station nearest to the point
of take.
16. We prohibit baiting or the possession of bait while on the
refuge at any time. We prohibit possession of chemical baits or
attractants used as bait.
17. We require a Tensas River National Wildlife Refuge Access
Permit for all big game hunts. You will find the permits on the front
of the Public Use Regulations brochure.
* * * * *
Upper Ouachita National Wildlife Refuge
A. Migratory Game Bird Hunting. We allow hunting of waterfowl
(duck, goose, coot, gallinule, rail, snipe), woodcock, and dove on
designated areas of the refuge in accordance with State regulations
subject to the following conditions:
1. Hunters must possess and carry a signed refuge permit.
2. We allow waterfowl hunting on the west side of the Ouachita
River north of RCW Road. We allow waterfowl hunting on the east side of
the Ouachita River outside the Mollicy levee and south of the crude oil
pipeline which runs through Township 22N range 4E sections 2, 3, 4
within the levee.
3. We allow woodcock hunting west of the Ouachita River. We allow
woodcock hunting on the east side of the Ouachita River outside the
Mollicy levee and south of the crude oil pipeline which runs through
Township 22N range 4E sections 2, 3, 4 within the levee.
4. We allow dove hunting during the first 3 days of the State
season east of the Ouachita River outside the Mollicy levee and south
of the crude oil pipeline which runs through Township 22N range 4E
sections 2, 3, 4 within the levee.
5. We allow waterfowl hunting until 12 p.m. (noon) during the State
season.
6. We will hold a limited youth waterfowl lottery hunt during the
State Youth Waterfowl Hunt. Application instructions are available at
the refuge office.
7. Hunters may enter the refuge no earlier than 4 a.m.
8. We prohibit hunting within 100 feet (30 m) of the maintained
rights of ways of roads, from or across ATV trails, and from above-
ground oil, gas, or electrical transmission facilities.
9. We prohibit leaving boats, blinds, and decoys unattended.
10. We allow dogs to locate, point, and retrieve when hunting for
migratory game birds. We prohibit the use of dogs for hog hunting.
11. Youth hunters under age 16 must successfully complete a State-
approved hunter education course. While hunting, each youth must
possess and carry a card or certificate of completion. Each youth
hunter must remain within sight and normal voice contact of an adult
age 21 or older. Each adult may supervise no more than two youth
hunters.
12. We prohibit any person or group to act as a hunting guide,
outfitter, or in any other capacity that pay other individual(s), pays
or promises to pay directly or indirectly for service rendered to any
other person or persons hunting on the refuge, regardless of whether
such payment is for guiding, outfitting, lodging, or club membership.
B. Upland Game Hunting. We allow hunting of quail, squirrel,
rabbit, raccoon, beaver, coyote, and opossum on designated areas of the
refuge in accordance with State regulations subject to the following
conditions:
1. Conditions A1, A8, A9, A11, and A12 (to hunt upland game) apply.
2. We allow hunting west of the Ouachita River. We allow hunting on
the east side of the Ouachita River outside the Mollicy levee and south
of the crude oil pipeline which runs
[[Page 51160]]
through Township 22N range 4E sections 2,3,4 within the levee.
3. We prohibit possession of firearms larger than .22 caliber
rimfire, shotgun slugs, and buckshot.
4. We allow hunting of raccoon and opossum during the daylight
hours (legal sunrise to legal sunset) of rabbit and squirrel season. We
allow night hunting (legal sunset to legal sunrise) during December and
January, and we allow use of dogs for night hunting. We prohibit the
selling of raccoon and opossum taken on the refuge for human
consumption.
5. We allow the use of dogs to hunt squirrel and rabbit after the
last refuge Gun Deer Hunt.
6. To use horses and mules to hunt raccoon and opossum at night,
hunters must first obtain a special permit at the refuge office.
7. Hunters may enter the refuge no earlier than 4 a.m. and must
exit no later than 2 hours after legal shooting hours.
8. We allow hunting of beaver and coyote during all open refuge
hunts with weapons legal for the ongoing hunt.
C. Big Game Hunting. We allow hunting of white-tailed deer, feral
hog, and turkey on designated areas of the refuge in accordance with
State regulations subject to the following conditions:
1. Conditions A1, A8, A9, A12 (to hunt big game), and B7 apply.
2. We allow general gun deer hunting on the following days: the
first consecutive Saturday and Sunday of November; the Friday,
Saturday, and Sunday following Thanksgiving Day; and the second
Saturday and Sunday after Thanksgiving Day. We allow archery deer
hunting during the entire State season.
3. We allow deer and feral hog hunting west of the Ouachita River.
We allow deer hunting on the east side of the Ouachita River outside
the Mollicy levee and south of the crude oil pipeline which runs
through Township 22N range 4E sections 2, 3, 4 within the levee.
4. The daily bag limit is one either-sex deer. The State season
limit applies.
5. Archery hunters must possess and carry proof of completion of
the International Bowhunters' Education Program.
6. We prohibit leaving deer stands, blinds, and other equipment
unattended.
7. Deer hunters must wear hunter orange as per State deer hunting
regulations on Wildlife Management Areas.
8. We prohibit hunters placing stands or hunting from stands on
pine trees with white-painted bands/rings.
9. Youth hunters under age 16 must successfully complete a State-
approved hunter education course. While hunting, each youth must
possess and carry a card or certificate of completion. Each youth
hunter must remain within sight and normal voice contact of an adult
age 21 or older. Each adult may supervise no more than one youth
hunter.
10. We will hold a limited lottery youth turkey hunt on the
Saturday of the State youth turkey hunt weekend.
11. We prohibit possession or distribution of bait or hunting with
the aid of bait, including any grain, salt, minerals, or other feed or
nonnaturally occurring attractant on the refuge (see Sec. 32.2(h)).
12. We allow hunting of hog during all open refuge hunts with
weapons legal for the ongoing hunt.
* * * * *
0
4. Amend Sec. 32.39 Maryland by revising paragraphs A. and B. of
Blackwater National Wildlife Refuge to read as follows:
Sec. 32.39 Maryland.
* * * * *
Blackwater National Wildlife Refuge
A. Migratory Game Bird Hunting. We allow hunting of goose and duck
on designated areas of the refuge in accordance with State regulations
subject to the following conditions:
1. We require refuge permits for all hunters regardless of age. We
require that hunters possess a valid State hunting license, any
required stamps, and a photo identification. Permits are
nontransferable.
2. All refuge hunters must abide by the terms and conditions of the
refuge permit.
B. Upland Game Hunting. We allow hunting of eastern wild turkey on
designated areas of the refuge in accordance with State regulations
subject to the following conditions: Conditions A1 and A2 apply.
* * * * *
0
5. Amend Sec. 32.42 Minnesota by:
0
a. Revising Agassiz National Wildlife Refuge; and
0
b. Adding Hamden Slough National Wildlife Refuge to read as follows:
Sec. 32.42 Minnesota.
* * * * *
Agassiz National Wildlife Refuge
A. Migratory Game Bird Hunting. We allow hunting of waterfowl on
the Farmers Pool Unit area of the refuge in accordance with State
regulations subject to the following conditions:
1. We allow a youth hunt only (age 16 and under). Youth hunters age
14 and under must be accompanied by an adult age 18 or older.
2. We prohibit vehicles and hunters from entering the refuge before
5:30 a.m. They must leave the refuge each day as soon as possible after
legal hunting hours.
3. We prohibit the use of motorized boats.
4. We prohibit the construction or use of permanent blinds, stands,
or scaffolds (see Sec. 27.92 of this chapter).
5. You must remove all personal property, which includes boats,
decoys, and blinds brought onto the refuge, each day of hunting (see
Sec. Sec. 27.93 and 27.94 of this chapter).
6. We allow the use of hunting dogs, provided the dog is under the
immediate control of the hunter at all times.
7. We prohibit the use of snowmobiles and ATVs.
8. We prohibit camping.
B. Upland Game Hunting. We allow hunting of ruffed grouse and
sharp-tailed grouse on designated areas of the refuge in accordance
with State regulations subject to the following conditions:
1. We allow hunting from the opening of the State's deer firearms
season to the close of the regular State's ruffed grouse and sharp-
tailed grouse seasons.
2. You may possess only approved nontoxic shot while in the field
(see Sec. 32.2(k)).
3. We prohibit hunting in the closed areas around the
administrative buildings.
4. Conditions A2 through A8 apply.
C. Big Game Hunting. We allow hunting of white-tailed deer and
moose on designated areas of the refuge in accordance with State
regulations subject to the following conditions:
1. We are currently closed to moose hunting until the population
recovers.
2. Conditions A1, A3, A4, A5, A7, and A8 apply.
3. We allow scouting the day before the youth deer hunt and the
deer firearms hunt.
4. We open archery hunting at the start of the State's deer
firearms season and close according to the State's archery deer season.
5. We allow muzzleloader deer hunting following the State's
muzzleloader season.
6. Hunters may use portable stands. We prohibit construction or use
of permanent blinds, permanent platforms, or permanent ladders.
7. You must remove all stands and personal property from the refuge
by
[[Page 51161]]
legal sunset of each day (see Sec. Sec. 27.93 and 27.94 of this
chapter).
8. We prohibit hunters from occupying illegally set up or
constructed ground and tree stands (see condition C2).
9. We allow the use of wheeled, nonmotorized conveyance devices
(e.g., bikes, retrieval carts) except in Wilderness Areas.
10. We prohibit vehicles and hunters from entering the refuge
during the youth deer hunt until after 6 a.m.
D. Sport Fishing. [Reserved]
* * * * *
Hamden Slough National Wildlife Refuge
A. Migratory Game Bird Hunting. We allow hunting of waterfowl on
designated areas of the refuge in accordance with State regulations
subject to the following conditions:
1. We only allow waterfowl hunting during the State's Youth
Waterfowl Day.
2. Youth waterfowl hunters must be age 15 and under.
3. We will only allow waterfowl hunting in refuge tracts within
Audubon and Riceville Townships.
4. We prohibit the use of motorized boats.
5. We prohibit the construction or use of permanent blinds, stands,
or scaffolds.
6. You must remove all personal property, which includes boats,
decoys, blinds, and blind materials (except for blinds made entirely of
marsh vegetation) brought onto the refuge, following that day's hunt
(see Sec. Sec. 27.93 and 27.94 of this chapter).
7. We allow the use of hunting dogs, provided the dog is under the
immediate control of the hunter at all times during the State-approved
hunting season.
8. We prohibit entry to hunting areas earlier than 2 hours before
legal shooting hours.
B. Upland Game Hunting. [Reserved]
C. Big Game Hunting. We allow hunting of white-tailed deer on
designated areas of the refuge in accordance with State regulations
subject to the following conditions:
1. We only allow hunting during the State's muzzleloader season
with muzzleloaders.
2. Hunters may use portable stands. We prohibit construction or use
of permanent blinds, permanent platforms, or permanent ladders.
3. Hunters must remove all stands and personal property from the
refuge at the end of each day's hunt (see Sec. Sec. 27.93 and 27.94 of
this chapter).
4. Condition A8 applies.
D. Sport Fishing. [Reserved]
* * * * *
0
6. Amend Sec. 32.69 Wisconsin by revising paragraph C. of Whittlesey
Creek National Wildlife Refuge to read as follows:
Sec. 32.69 Wisconsin.
* * * * *
Whittlesey Creek National Wildlife Refuge
* * * * *
C. Big Game Hunting. We allow hunting of white-tailed deer on
designated areas of the refuge in accordance with State regulations
subject to the following conditions:
1. We will allow archery deer hunting to take place on refuge lands
owned by the Service that constitute tracts greater than 20 acres (8
ha).
2. We prohibit hunting within a designated, signed area around the
Coaster Classroom and Northern Great Lakes Visitor Center boardwalk.
3. We prohibit the construction or use of permanent blinds or
platforms.
4. Hunters may use ground blinds or any elevated stands only if
they do not damage live vegetation, including trees (see Sec. 27.61 of
this chapter).
5. Hunters may construct ground blinds entirely of dead vegetation
from the refuge lands.
6. Hunters must remove all stands and blinds from the refuge at the
end of each day's hunt (see Sec. Sec. 27.93 and 27.94 of this
chapter).
7. We allow motorized vehicles only on public roads and parking
areas (see Sec. 27.31 of this chapter).
* * * * *
Dated: August 8, 2008.
David M. Verhey,
(Acting) Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. E8-20022 Filed 8-28-08; 8:45 am]
BILLING CODE 4310-55-P