[Federal Register Volume 85, Number 169 (Monday, August 31, 2020)]
[Rules and Regulations]
[Pages 54076-54146]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-16003]
[[Page 54075]]
Vol. 85
Monday,
No. 169
August 31, 2020
Part IV
Department of the Interior
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Fish and Wildlife Service
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50 CFR Parts 32, 36, and 71
2020-2021 Station-Specific Hunting and Sport Fishing Regulations; Final
Rule
Federal Register / Vol. 85, No. 169 / Monday, August 31, 2020 / Rules
and Regulations
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Parts 32, 36, and 71
[Docket No. FWS-HQ-NWRS-2020-0013; FXRS12610900000-201-FF09R20000]
RIN 1018-BE50
2020-2021 Station-Specific Hunting and Sport Fishing Regulations
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Final rule.
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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), are opening,
for the first time, eight National Wildlife Refuges (NWRs) that were
previously closed to hunting and sport fishing. In addition, we are
opening or expanding hunting and sport fishing at 89 other NWRs and
adding pertinent station-specific regulations for other NWRs that
pertain to migratory game bird hunting, upland game hunting, big game
hunting, and sport fishing for the 2020-2021 season. We are also
opening hunting or sport fishing on nine units of the National Fish
Hatchery System (NFHs). We are also adding pertinent station-specific
regulations that pertain to migratory game bird hunting, upland game
hunting, big game hunting, and sport fishing at these nine NFHs for the
2020-2021 season. Further, we are opening 41 limited-interest easement
NWRs in North Dakota for upland and big game hunting and sport fishing
in accordance with State regulations. Access to these NWRs is
controlled by the current landowners, and, therefore, they are not open
to the public unless authorized by the landowner. We are also making
regulatory changes to existing station-specific regulations in order to
reduce the regulatory burden on the public, increase access for hunters
and anglers on Service lands and waters, and comply with a Presidential
mandate for plain language standards. Lastly, we are prohibiting
domestic sheep, goat, and camelid pack animals on the Arctic National
Wildlife Refuge.
DATES: This rule is effective August 31, 2020.
FOR FURTHER INFORMATION CONTACT: Katherine Harrigan, (703) 358-2440.
SUPPLEMENTARY INFORMATION:
Background
The National Wildlife Refuge System Administration Act of 1966
closes NWRs 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 the
use is compatible with the purposes of the refuge and National Wildlife
Refuge System mission. The action also must be in accordance with
provisions of all laws applicable to the areas, developed in
coordination with the appropriate State fish and wildlife agency(ies),
consistent with the principles of sound fish and wildlife management
and administration, and otherwise in the public interest. These
requirements ensure that we maintain the biological integrity,
diversity, and environmental health of the Refuge System for the
benefit of present and future generations of Americans.
We annually review hunting and sport fishing programs to determine
whether to include additional stations or whether individual station
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 station-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 station purposes or the Service'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), and on hatcheries in part 71 (50 CFR part 71). We regulate hunting
and sport fishing to:
Ensure compatibility with refuge and hatchery purpose(s);
Properly manage fish and wildlife resource(s);
Protect other values;
Ensure visitor safety; and
Provide opportunities for fish- and wildlife-dependent
recreation.
On many stations where we decide to allow hunting and sport
fishing, our general policy of adopting regulations that are identical
to State hunting and sport fishing regulations is adequate in meeting
these objectives. On other stations, we must supplement State
regulations with more-restrictive Federal regulations to ensure that we
meet our management responsibilities, as outlined under Statutory
Authority, below. We issue station-specific hunting and sport fishing
regulations when we open wildlife refuges and fish hatcheries to
migratory game bird hunting, upland game hunting, big game hunting, or
sport fishing. These regulations may 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.
In the case of this rule, we are issuing one regulation for an
Alaska refuge. In 2015, the Arctic National Wildlife Refuge finalized
their comprehensive conservation plan (CCP), which included a
prohibition on domestic sheep, goat, and camelid use on the refuge
based on the risk of disease transmission to Dall's sheep. Any closures
or restrictions of recreational uses on Alaska refuges must go through
extensive public outreach and comment, including publication in the
Federal Register.
Statutory Authority
The National Wildlife Refuge System Administration Act of 1966
(Administration Act; 16 U.S.C. 668dd-668ee, as amended by the National
Wildlife Refuge System Improvement Act of 1997 [Improvement Act])
governs the administration and public use of refuges. The Refuge
Recreation Act of 1962 (16 U.S.C. 460k-460k-4) (Recreation Act) governs
the administration and public use of refuges and hatcheries. The Alaska
National Interest Lands Conservation Act (ANILCA, 16 U.S.C. 3101, et
seq.) governs the administration of public lands, including refuges, in
Alaska.
Amendments enacted by the Improvement Act were built upon the
Administration Act in a manner that provides an ``organic act'' for the
Refuge System, similar to organic acts 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
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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 and Hatchery 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 or
hatchery 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
station-specific regulations to ensure the compatibility of the
programs with the purpose(s) for which we established the refuge or
hatchery and the Refuge and Hatchery System mission. We ensure initial
compliance with the Administration Act and the Recreation Act for
hunting and sport fishing on newly acquired land 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 parts 32 and 71. We ensure
continued compliance by the development of CCPs, step-down management
plans, and by annual review of hunting and sport fishing programs and
regulations.
For refuges in Alaska, we regulate the uses of refuge lands in
compliance with ANILCA. Section 1110(a) of ANILCA defines our authority
to regulate the use of nonmotorized surface transportation in Alaska.
Under that section of ANILCA, we may close an area on a temporary or
permanent basis to these nonmotorized transportation uses when we find
that such use would be detrimental to the resource values of the area.
This section of ANILCA also provides that if an NWR in Alaska needs to
close or restrict a public use or mode of access in order to protect
resources of the refuge, we must do extensive public outreach and
provide opportunities for public comment as described by section
1110(a) of ANILCA and the associated implementing regulations (i.e., 43
CFR 36.11 and 50 CFR 36.42).
Summary of Comments and Responses
On April 9, 2020, we published in the Federal Register (85 FR
20030) a proposed rule to open hunting or sport fishing at 9 NFHs, open
41 limited-interest easement NWRs in North Dakota, open 8 NWRs that are
currently closed to hunting and sport fishing, expand hunting and sport
fishing at 89 other NWRs, and add pertinent station-specific
regulations for other NWRs that pertain to migratory game bird hunting,
upland game hunting, big game hunting, and sport fishing for the 2020-
2021 season. We accepted public comments on the proposed rule for 60
days, ending June 8, 2020. By that date, we received 3,177 comments on
the proposed rule. Among these comments were 21 that were either
intended for a different Department of the Interior rulemaking or
otherwise irrelevant to this rule. We discuss the remaining 3,156
comments we received below by topic. As we received 53 comments
specific to the Arctic NWR regulation prohibiting domestic sheep,
goats, and camelids on the refuge, those comments will be discussed by
topic after all other comments. Beyond our responses below, additional
station-specific information on how we responded to comments on
particular hunting or fishing opportunities at a given refuge or
hatchery can be found in that station's final hunting and/or fishing
package, each of which can be located online here: https://www.fws.gov/refuges/hunting/rules-regulations-and-improved-access/.
Comment (1): A few comments were wholly or in part a request that
we extend the 60-day public comment period for the proposed rule; a
couple of these comments specifically mention the current viral
pandemic as a reason for the requested extension.
Our Response: We declined to extend the comment period for our
April 9, 2020, proposed rule (85 FR 20030). The standard public comment
period for the annual rule proposing amendments to the regulations
governing hunting and sport fishing on NWRs and NFHs is 30 days. The
Service provided a 60-day comment period, which allowed for the
submission of more than 3,000 public comments, for the 2020-2021
proposed rule. We recognize the impact of COVID-19, but believe that 60
days was an adequate amount of time for all interested parties to
provide their comments to us. Moreover, extending the comment period
could have disrupted coordination with State agencies or prevented the
publication of a final rule in time for the start dates of relevant
hunting and sport-fishing seasons, which would have effectively delayed
the applicability of this rule.
Comment (2): We received a substantial number of comments
expressing general support for the proposed changes in the rule. Of the
3,177 comments on the rule, 920 were in general support of the proposed
changes. These comments of general support either expressed
appreciation for the increased hunting and fishing access in the rule
overall, expressed appreciation for increased access at particular
refuges, or both. In addition to this general support, some commenters
requested additional hunting and fishing opportunities at specific
stations or generally in several States.
Our Response: Hunting and fishing on U.S. Fish and Wildlife Service
lands is a tradition that dates back to the early 1900s. In passing the
Improvement Act, Congress reaffirmed that the Refuge System was created
to conserve fish, wildlife, plants, and their habitats, and would
facilitate opportunities for Americans to participate in compatible
wildlife-dependent recreation, including hunting and fishing on Refuge
System lands. We prioritize wildlife-dependent recreation, including
hunting and fishing, when doing so is compatible with the purpose of
the refuge and the mission of the NWRS. Hunting or fishing on
hatcheries, unlike Refuge System lands, is authorized, ``when such
activity is not detrimental to the propagation and distribution of fish
or other aquatic wildlife'' (50 CFR 71.1).
We will continue to open and expand hunting and sport fishing
opportunities across refuges and hatcheries; however, as detailed
further in our response to Comment (3), below, opening or expanding
hunting or fishing opportunities on Service lands is not a quick or
simple process. The annual regulatory cycle begins in June or July of
each year for the following hunting and sport fishing season (the
planning cycle for this 2020-2021 final rule began in June 2019). This
annual timeline allows us time to collaborate closely with our State,
tribal, and territorial partners, as well as other partners including
nongovernmental organizations, on potential opportunities. It also
provides us with time to complete environmental analyses and other
requirements for opening or expanding new opportunities. Therefore, it
would be impracticable for the Service to complete multiple regulatory
cycles in one calendar year due to the logistics of coordinating with
various partners. Once we determine that a hunting or
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sport fishing opportunity can be carried out in a manner compatible
with individual station purposes and objectives, we work expeditiously
to open it.
We did not make any changes to the rule as a result of these
comments.
Comment (3): Many commenters expressed general opposition to any
hunting or fishing in the Refuge System. Of the 3,177 comments on the
rule, 1,939 were in general opposition to the proposed changes. In many
cases, commenters stated that hunting was antithetical to the purposes
of a ``refuge,'' which, in their opinion, should serve as an inviolate
sanctuary for all wildlife. Some of these commenters generically
opposed expanded or new hunting or fishing opportunities at specific
stations.
Our Response: The Service prioritizes facilitating wildlife-
dependent recreational opportunities, including hunting and fishing, on
Service land in compliance with applicable Service law and policy. For
refuges, the Administration Act, as amended, 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 and should
be facilitated (16 U.S.C. 668dd(a)(3)(D)). Thus, we only allow hunting
of resident wildlife on NWRs 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. For
hatcheries, we allow hunting and fishing when such activity is
determined not to be detrimental to the propagation and distribution of
fish or other aquatic wildlife (50 CFR 71.1). For all 147 stations
opening and/or expanding hunting and/or fishing in this rule, we
determined that the proposed actions were compatible or would not have
detrimental impacts.
Each station manager makes a decision regarding hunting and fishing
opportunities only after rigorous examination of the available
information, consultation and coordination with States and tribes, and
compliance with the National Environmental Policy Act (NEPA; 42 U.S.C.
4321 et seq.) and section 7 of the Endangered Species Act of 1973, as
amended (16 U.S.C. 1531 et seq.), as well as other applicable laws and
regulations. The many steps taken before a station opens or expands a
hunting or fishing opportunity on the refuge ensure that the Service
does not allow any opportunity that would compromise the purpose of the
station or the mission of the agency.
Hunting of resident wildlife on NWRs 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 more restrictive in order
to help meet specific refuge objectives. These objectives 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 word ``refuge'' includes the idea of providing a haven of
safety for wildlife, and as such, hunting might seem an inconsistent
use of the Refuge System. However, again, the Administration Act
stipulates that hunting, if found compatible, is a legitimate and
priority general public use of a refuge. Furthermore, we manage refuges
to support healthy wildlife populations that in many cases produce
harvestable surpluses that are a renewable resource. As practiced on
refuges, hunting and fishing do not pose a threat to wildlife
populations. It is important to note that taking certain individuals
through hunting does not necessarily reduce a population overall, as
hunting can simply replace other types of mortality. In some cases,
however, we use hunting as a management tool with the explicit goal of
reducing a population; this is often the case with exotic and/or
invasive species that threaten ecosystem stability. Therefore,
facilitating hunting opportunities is an important aspect of the
Service's roles and responsibilities as outlined in the legislation
establishing the Refuge System, and the Service will continue to
facilitate these opportunities where compatible with the purpose of the
specific refuge and the mission of the Refuge System.
We did not make any changes to the rule as a result of these
comments.
Comment (4): We received a comment from the Shoshone-Bannock Tribes
expressing concern about public safety, compatibility with
nonconsumptive uses, and the cultural value of certain areas to the
tribes at Minidoka NWR. The tribes also requested that we list the 1868
Fort Bridger Treaty between the Shoshone-Bannock Tribes and the Federal
Government in the background section of our refuge and NEPA planning
documents for Minidoka NWR as a source of applicable law.
Our Response: We address the public safety and compatibility with
nonconsumptive uses concerns of all commenters as a common topic of
interest below, in our responses to Comments (19) and (20),
respectively. As for the tribes' concern about impacts on culturally
valuable areas, we understand the concern and note that protection of
cultural resources, including religious, sacred, and ceremonial sites,
archaeological sites, and traditional use areas, is a priority for
Minidoka NWR. Moreover, protection of these resources is mandated under
Federal law and policy, including, for example, NEPA, the National
Historic Preservation Act (54 U.S.C. 300101 et seq.), and the
Archaeological Resources Protection Act (16 U.S.C. 470aa et seq.).
Staff monitors cultural resources and will note any unusual activity or
disturbance. Our cultural resource staff will visit the resources and
note any changes in condition, taking appropriate action. The cultural
resources staff will also be notified of discovery of previously
unknown resources and will ensure compliance with all applicable
regulations and procedures.
As a result of the tribes' request with respect to the 1868 Fort
Bridger Treaty, while we note that the treaty and our obligations under
it are discussed in the relevant environmental analysis documents and
the elk hunt plan for the Minidoka NWR, we will amend these documents
to acknowledge the treaty in the background section and in additional
key locations throughout the documents.
Comment (5): We received a comment from the Tohono O'odham Nation
concerning coyote hunting, ``trophy hunting,'' impacts on wilderness
areas, impacts on the endangered Sonoran pronghorn antelope, and
impacts on cultural resource areas at Cabeza Prieta NWR.
Our Response: We respond generally to all commenters who raised
predator hunting (including coyote), ``trophy hunting,'' and impact on
wilderness concerns at any particular refuge or across the Refuge
System, in our responses to Comments (15), (16), and (17),
respectively. As to the effect on Sonoran pronghorn (Antilocapra
americana sonoriensis) from hunting activities at Cabeza Prieta NWR, we
fully assessed all hunts in this rule as part of our environmental
analysis processes for the refuge and did not proceed with any hunts
that could be expected to have an adverse affect on the pronghorn or
any other endangered or threatened species. Furthermore, we have
provided mitigation measures to
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ensure that the impacts to pronghorn, in particular, are minimized.
There is a 0.25-mile (0.4-kilometer) no-shoot/hunting buffer zone
around the Sonoran pronghorn captive breeding pen. These no-shoot/
hunting zones will protect the endangered Sonoran pronghorn and
personnel at the breeding facility. The zone will also minimize the
negative effects of hunting-related human activity on captive Sonoran
pronghorn. Also, mule deer hunters will be provided with educational
materials to prevent accidental take of Sonoran pronghorn.
In recognition of the cultural concerns expressed by the Tohono
O'odham Nation, in this final rule, we have reduced the proposed
hunting areas by 30,000 acres and rescinded proposed hunting of three
specific species of cultural importance to the nation on Cabeza Prieta
NWR. We will consult with the Tohono O'odham on how these acres and
species may be considered for opening to hunting in the future, without
adverse effects to cultural resources on the refuge.
Comment (6): The Hopi Tribe submitted a comment requesting an
extension of the public comment period for our April 9, 2020, proposed
rule (85 FR 20030), citing the COVID-19 pandemic as a reason for an
extension.
Our Response: At Comment (1) above, we responded generally to the
requests of those who submitted comments requesting an extension of the
proposed rule's comment period, including those who specifically based
their requests on the circumstances of the current viral pandemic. Our
response reflects what we stated in letters to organizations that
requested an extension of the comment period by letter separately from
the public comment process.
Comment (7): We received comments from 20 State agencies, one
regional association of fish and wildlife agencies, and one national
association of fish and wildlife agencies either through the public
comment on our April 9, 2020, proposed rule (85 FR 20030), the NEPA
public comment process at one or more stations, or both. Among these
comments, we received generally supportive comments with expressions of
interest in continued collaboration from the Texas Parks and Wildlife
Department; North Carolina Wildlife Resources Commission; Oklahoma
Department of Wildlife Conservation; West Virginia Division of Natural
Resources; Washington Department of Fish and Wildlife; Oregon
Department of Fish and Wildlife; Nebraska Game and Parks Commission;
Pennsylvania Fish and Boat Commission; Missouri Department of
Conservation; Wyoming Game and Fish Department; Nevada Department of
Conservation and Natural Resources; Kansas Department of Wildlife,
Parks & Tourism; and Illinois Department of Natural Resources. We
received comments from the Alaska Department of Fish & Game and from
the Association of Fish & Wildlife Agencies (AFWA) that were also
generally supportive of the rule but objected to the rule's approach to
the State of Alaska, in particular the inclusion of a prohibition on
certain pack animals at Arctic NWR. The Northeast Association of Fish &
Wildlife Agencies expressed concerns about consistency and alignment
with State regulations with respect to our regulations on the use of
hunting dogs, in addition to expressing support for other parts of the
rule. The remaining State agencies expressed support for much of the
rule as well, but raised one or more concerns or requests for
consideration on the proposed rule: The Georgia Department of Natural
Resources requested further alignment of our regulations with State
regulations. The South Dakota Department of Game, Fish and Parks
submitted two comments;one expressing general support and the other
requesting additional consideration for proposed hunts at LaCreek NWR.
The Massachusetts Division of Fisheries & Wildlife raised concerns
about limitations on certain hunts at stations within the State. The
Idaho Department of Fish and Game expressed concerns about the Minidoka
and Camas NWRs, indicating they are ``ready to assist'' with the CCP
process for Minidoka NWR. The Arizona Department of Fish and Game
advocated for further alignment with Arizona's hunting regulations,
including on falconry as a method of take. The Florida Fish and
Wildlife Conservation Commission expressed concerns about the impacts
of off-road vehicle use on Everglades Headwaters NWR.
Our Response: The Service appreciates the support of, and is
committed to working with, our State partners to identify additional
opportunities for expansion of hunting and sport fishing on Service
lands and waters. Our response to the concerns of the State of Alaska
and AFWA are fully addressed in this comment summary and response under
Alaska, below. Our response to the concerns of the Northeast
Association of Fish and Wildlife Agencies is detailed at Comment (24).
In response to the request by the Georgia Department of Natural
Resources, we made a change to the rule that fully aligns hours for
alligator hunting with State regulations. In response to the concerns
of the South Dakota Department of Game, Fish and Parks, we revised the
rule to allow the use of electric trolling motors on Pool #10 and
broader hunter access. In response to the concerns of the Massachusetts
Division of Fisheries & Wildlife, we are committed to working with the
State in future rulemakings as we consider hunting opportunities on
stations within the State while also balancing this with due
consideration of other recreational uses and biological and
environmental factors. In response to the concerns of the Idaho
Department of Fish and Game, we will consider their recommendations and
plan to consult with them in shaping our proposed rule for 2021-2022.
We also welcome their cooperation and assistance in completing a CCP
for Minidoka NWR. In response to the concerns of the Arizona Department
of Fish and Game, we specifically use the term ``archery,'' as
requested, in our regulations for Cibola NWR, and we respond to their,
and another commenter's, concerns about falconry at Comment (23). We
will continue to regularly consult and communicate with the State as
requested in the comment. In response to the concerns of the Florida
Fish and Wildlife Conservation Commission, we will consider refuge use
of off-road vehicles by hunters and anglers and how to balance impacts
against other uses at Everglades Headwaters NWR.
Comment (8): Several commenters stated that we are improperly
deferring to State wildlife management authority with the proposed
hunting and fishing regulation changes.
Our Response: The Service works closely with our State partners in
managing hunting and fishing programs on Service lands. We generally
allow hunting or fishing of wildlife on refuges and hatcheries
consistent with State regulations, including seasons and bag limits.
Refuge-specific hunting and fishing regulations can be more restrictive
(but not more liberal) than State regulations and often are more
restrictive in order to help meet specific refuge objectives. Our
authority to do so stems from the Administration Act, as amended, which
states that when the Secretary determines that a proposed wildlife-
dependent recreational use is a compatible use within a refuge, that
activity should be facilitated, subject to such restrictions or
regulations as may be necessary, reasonable, and appropriate (16 U.S.C.
668dd(a)(3)(D)). The Administration Act further provides that
regulations permitting hunting or fishing of fish and resident
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wildlife within the Refuge System shall be, to the extent practicable,
consistent with State fish and wildlife laws, regulations, and
management plans (16 U.S.C. 668dd(m)). For hatcheries, hunting or
fishing programs must be mutually agreed upon and managed with the
States (50 CFR 70.1).
We did not make any changes to the rule as a result of these
comments.
Comment (9): We received several comments that alleged the proposed
rule is, or certain parts of the proposed rule are, a violation of the
Service's mandate to ensure that the biological integrity, diversity,
and environmental health of the Refuge System are maintained for the
benefit of present and future generations of Americans (16 U.S.C
668dd(a)(4)(B)).
Our Response: We do not allow hunting on a refuge if it is found
incompatible with that individual refuge's purposes or with the mission
of the Refuge System. Part of the mission of the Refuge System is to
ensure that the biological integrity, diversity, and environmental
health of the Refuge System are maintained for the benefit of present
and future generations of Americans (16 U.S.C. 668dd(a)(4)(B)).
Therefore, each Service station manager uses his or her ``sound
professional judgment'' (see the definition of this term in the Service
Manual at 603 FW 2.6.U., available online at https://www.fws.gov/policy/603fw2.html) in making these inherently complex management
decisions to ensure that each proposed action complies with this
mandate. Each manager incorporates field experience, knowledge of
refuge resources, considerations of the refuge's role within an
ecosystem, applicable laws, and best available science in making these
decisions. Service biologists and wildlife professionals, in
consultation with the State, determine the optimal number of each game
animal that should reside in an ecosystem and then establish hunt
parameters (e.g., bag limits, sex ratios) based on those analyses. We
carefully consider how a proposed hunt fits with individual refuge
goals, objectives, and strategies before allowing the hunt. The new or
expanded hunting and/or fishing opportunities in this rule are not
expected to individually or collectively result in significant adverse
direct, indirect, or cumulative impacts to hunted populations of
migratory birds and resident wildlife, nonhunted migratory and resident
wildlife, endangered and threatened species, habitat and plant
resources, or other natural resources. We analyzed these impacts not
only in each refuge's NEPA document, but also in the 2020-2021
cumulative impacts report.
We did not make any changes to the rule as a direct result of these
comments, but changes that we made for other reasons may reduce the
potential for even minimal biological and environmental impacts.
Comment (10): We received several comments expressing concern that
specific stations amended either their compatibility determinations
(CDs) or CCPs without sufficient explanation in order to open or expand
hunting or fishing opportunities on a refuge.
Our Response: Based on these comments, we have reviewed our CDs and
CCPs in connection with all opening and expansions in this rule, and,
as a result, for each opening or expansion we have either modified the
relevant regulations or determined that no changes were necessary. Both
the Administration Act (16 U.S.C. 668dd(e)) and ANILCA anticipate that
revisions may need to be made to CCPs from ``time to time'' based on
new information. Service policy allows minor revisions to CCP
objectives and strategies as long as they do not significantly change
the management direction of the refuge (603 FW 2). A refuge manager
always may reevaluate the compatibility of a use at any time, but must
review a CD every 15 years for wildlife-dependent recreational
opportunities (603 FW 2.11.H.(1)). When making revisions to a CCP or CD
we must document the reasons for the change, make the revised CCP
publicly available or put forward the CD for public comment, and comply
with NEPA and the Endangered Species Act of 1973 (ESA; 16 U.S.C. 1531
et seq.), as amended, for any resulting changes in management actions
taken by the Service. In the case of this rule, we took the additional
step of inviting public comment on even minor changes to CCPs.
We did make one regulatory change to the rule based on these
comments. Specifically, in the regulations governing Quivira NWR in
Kansas, we expressly added a requirement for a State-issued permit for
the take of furbearers to clarify consistency with the refuge's CCP and
with the Kansas Department of Wildlife, Parks and Tourism.
For any nonregulatory changes based on these comments, such as
clarification in environmental analysis documents, please see the
specific station's response to comments, available online here: https://www.fws.gov/refuges/hunting/rules-regulations-and-improved-access/.
Comment (11): We received several comments concerned with the
direct, indirect, and cumulative impacts of the April 9, 2020, proposed
rule on migratory birds, particularly as related to the requirements of
the Migratory Bird Treaty Act (MBTA; 16 U.S.C. 703-712), the Service's
February 3, 2020, proposed rule defining the scope of the MBTA (85 FR
5915), and that proposed rule's associated draft environmental impact
statement (EIS). A few of these commenters were particularly concerned
about those refuges whose purposes include ``inviolate sanctuaries for
migratory birds'' or that have been designated as Important Bird Areas
(IBAs) by the Audubon Society.
Our Response: All of the migratory bird hunting opportunities in
the Service are done within the frameworks set by the Service in
compliance with the MBTA. These frameworks set season lengths, bag
limits, and areas for migratory game bird hunting and ensure that
hunting will not have adverse impacts on the populations of the various
species of migratory birds through rigorous biological monitoring,
information collection, and data review. To determine the appropriate
frameworks for each species, the Service considers 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 frameworks are established
for season lengths, bag limits, and areas for migratory game bird
hunting, States may select season dates, bag limits, and other
regulatory options for the hunting seasons. States may always be more
conservative in their selections than the Federal frameworks, but never
more liberal. For more information on this process, see the 2020-2021
cumulative impacts report on http://www.regulations.gov under Docket
No. FWS-HQ-NWRS-2020-0013.
Although it does not directly affect migratory bird hunting, the
Service is developing a rulemaking that limits the scope of the
Migratory Bird Treaty Act (MBTA) to actions directed at migratory
birds, thus excluding incidental take as a violation of the MBTA. The
draft EIS associated with this proposed rule analyzed the impacts of
incidental take on migratory bird populations at a continental scale
and found that the preferred alternative, to promulgate regulations
that define the scope of the MBTA to exclude incidental take, would
likely lead to an increase in incidental take over time, without
specifying what bird taxa may be the most affected or where. Consistent
with this draft EIS, the Service anticipates that the proposed MBTA
rule will have
[[Page 54081]]
minor impacts to migratory game birds that occur on NWRs. If the
proposed rule defining the scope of the MBTA becomes final and impacts
to migratory game birds occur as a result, we anticipate any impacts
that might occur as a result of that proposed rule will be detected
through the system of population monitoring and modeling cooperatively
maintained by the Flyways. Any such impacts would then be addressed by
adapting, as needed, migratory game bird management to meet obligations
under the MBTA.
The expansion of hunting of migratory game birds on NWRs indicate
that the proposed harvests, or intentional take, of each species will
constitute a negligible component of both national and flyway harvest.
Migratory game bird hunting regulations are established within the
above discussed frameworks compliant with NEPA to ensure that adverse
impacts will not accumulate over time; thus, the proposed harvest will
have a negligible impact on migratory bird resources within NWRs.
In addition to all hunting for migratory game birds being set
within this national framework, each station must also ensure that the
hunting or fishing opportunity is compatible, or in the case of NFHs
not detrimental, to the purpose of that station, and comply with
applicable provisions of NEPA, the ESA, and other applicable laws and
policy before opening or expanding migratory bird game hunting. This
thorough process ensures that the Service has analyzed the potential
impacts of the proposed hunting or fishing opportunity and determined
that the opportunity would not have a significant impact on any
migratory bird species, not just the targeted species.
Where inviolate sanctuaries occur on NWRs, all uses must be
evaluated for appropriateness and, if necessary, compatibility. The
language within the Administration Act only applies to those lands with
the designation of inviolate sanctuary for migratory birds. With this
in mind, other uses (e.g., big game hunting, hiking, auto tours, etc.)
can be allowed as long as they are compatible. When determining
compatibility, the Service must consider the high bar that the
inviolate sanctuary designation established.
In addition, refuges with this designation will have to evaluate
the influence of uses occurring or potentially occurring on other
portions of the refuge and how they may affect the inviolate
sanctuaries. Although this designation sets a higher level of
consideration, it is clear that Congress intended for these areas to be
considered for use when compatible. In the case of IBA designations
from the Audubon Society, while several refuges in the rule do have
these IBA designations, these designations do not place any additional
legal restrictions related to migratory birds on management of these
refuges. As discussed previously, each station goes through several
different processes, including compatibility determinations, NEPA
compliance, and ESA compliance to ensure that the hunting and fishing
opportunities proposed would have no significant impacts on populations
of migratory birds in compliance with the Service's mandates under the
MBTA, Administration Act, or other applicable laws and policies.
We did not make any changes to the rule as a result of these
comments.
Comment (12): We received several comments arguing that we should
have prepared an environmental impact statement (EIS) instead of
station-specific environmental analyses combined with a national
cumulative impact report. Some of these comments also argued that
specific stations should have prepared an EIS where we prepared an
environmental assessment (EA) or an EA where we prepared a categorical
exclusion.
Our Response: The Service disagrees with the assertion that we
should prepare an EIS before proposing expanded hunting and fishing
opportunities on refuges or hatcheries. We completed individual EAs
for, or applied categorical exclusions to, 147 refuges and hatcheries,
in compliance with NEPA, to evaluate the impacts of opening or
expanding hunting and fishing opportunities on the stations through
this rulemaking. These EAs and categorical exclusions underwent
regional and national review to address and consider these actions from
a local, regional, multi-State, and/or flyway perspective, and to
consider the cumulative impacts from this larger geographical context.
The 2020-2021 cumulative impacts report concludes, after analyzing the
impacts, collectively, of all EAs and categorical exclusions prepared
in connection with this rule, that the rule would not have significant
impacts at the local, regional, or national level. The commenters who
have raised these environmental analysis concerns have provided no
additional information that would change this analysis or our
conclusion. As discussed above, we annually conduct management
activities on refuges and hatcheries that minimize or offset impacts of
hunting and fishing on physical and cultural resources, including
establishing designated areas for hunting; restricting levels of use;
confining access and travel to designated locations; providing
education programs and materials for hunters, anglers, and other users;
and conducting law enforcement activities.
In this rulemaking, the Service is expanding opportunities for
recreational hunting and fishing. Expanding opportunities does not
necessarily result in increased impacts to refuge resources. We
anticipate that for some refuges, these expansions will not result in
changes in usage of the refuge. In other cases, these expansions may
lead to some increase in use of refuges, but these changes would likely
by minor. Opening of new refuges may attract people to the refuge, but
these hunters and/or anglers were likely already participating
elsewhere on State or other Federal lands. Overall, considering the
decreasing trends in hunting and fishing generally, and decreasing
trends of these activities on refuges specifically, we do not expect
this final rule to have a significant impact on the environment. As
noted in our cumulative impacts report, hunter participation trends
have been generally declining, some refuges attract a very small number
of participants, and often participation rates decline over the course
of a season.
Finally, a Federal court found that this approach, using a bottom-
up analysis to assess the cumulative impact of increased hunting and
fishing across the entire Refuge System, was an appropriate way for the
Service to analyze the impacts of the rule in compliance with NEPA (see
Fund for Animals v. Hall, 777 F. Supp. 2d 92, 105 (D.D.C. 2011)).
In response to comments, we reviewed all EAs and categorical
exclusions. The Service disagrees with the assertion that, for any of
the stations in this rule, we should have prepared an EIS instead of an
EA or an EA instead of a categorical exclusion. We did, however,
determine that the use of a categorical exclusion to expand existing
migratory bird and upland game hunting at Alamosa and Monte Vista NWRs
may require additional consideration. While this does not result in any
changes to the rule that are codified in the Code of Federal
Regulations, the proposed expansions of 1,079 acres at Alamosa NWR and
472 acres at Monte Vista NWR for migratory bird and upland game hunting
will not be adopted.
We did not make any changes to the rule as result of these
comments.
Comment (13): Many commenters expressed concern over the use of
lead ammunition and/or lead fishing tackle on refuges and hatcheries.
Some
[[Page 54082]]
individual commenters objected to these potential sources of lead at a
particular refuge or hatchery, and multiple organizations were
concerned about lead nationwide and referred us to scientific
literature on the subject.
Our Response: The Service shares the commenters' concerns regarding
the bioavailability of lead in the environment. See, e.g., Nancy
Golden, et al., ``A Review and Assessment of Spent Lead Ammunition and
Its Exposure and Effects to Scavenging Birds in the United States,''
which is available online at https://www.fws.gov/midwest/refuges/Review%20and%20Assessment%20paper.pdf. Historically, the principal
cause of lead poisoning in waterfowl was the collection of high
densities of lead shot in wetland sediments associated with migratory
bird hunting activities (Kendall et al. 1996). In 1991, as a result of
high bird mortality, the Service instituted a nationwide ban on the use
of lead shot for hunting waterfowl and coots (50 CFR 32.2(k)). The
Service requires any new shot types for waterfowl and coot hunting to
undergo rigorous testing in a three-tier approval process that involves
an ecological risk assessment and an evaluation of the candidate shot's
physical and chemical characteristics, short- and long-term impacts on
reproduction in waterbirds, and potential toxic impacts on
invertebrates (50 CFR 20.134). Because of this rigorous testing, the
shot toxicity issue of the past is now substantially less of an
ecological concern.
However, there remains a concern about the bioavailability of spent
lead ammunition (bullets) and sinkers on the environment, endangered
and threatened species, birds, mammals, humans, and other fish and
wildlife susceptible to biomagnification. For example, as one commenter
noted, ``The impacts of lost lead tackle can be significant; for
example, ingested lead fishing tackle is the leading cause of mortality
in adult common loons'' (Grade, T. et al., 2017, in Population-level
effects of lead fishing tackle on common loons. The Journal of Wildlife
Management 82(1): 155-164.) The impacts of lead on human health and
safety have been a focus of several scientific studies. As related to
hunting and fishing, studies have found the ingestion of animals
harvested via the use of lead ammunition increased levels of lead in
the human body (e.g., Buenz, E. (2016). Lead exposure through eating
wild game. American Journal of Medicine, 128: 458.).
We share the commenters' concerns about the adverse impacts of
lead. We have reviewed the literature provided during the public
comment period and have updated our station-specific analyses, as well
as the national cumulative impact report as appropriate.
Although there is not a Service-wide ban on lead ammunition for
non-migratory bird hunting activities or on lead sport fishing tackle,
the Service has taken specific steps to limit the use of lead in
hunting and fishing activities on refuges and hatcheries. Notably, we
continue, in these annual rulemakings updating the regulations for
hunting and sport-fishing on NWRs and NFHs, to phase out the use of
lead on Service lands. On several refuges and hatcheries, the Service
does prohibit the use of lead tackle or ammunition; since 2015, not
counting this rule, 122 refuges and wetland management districts have
implemented restrictions on the use of lead ammunition and lead sport
fishing tackle for upland game, migratory bird, or sport fishing
harvest activities. In this rule, Stillwater NWR prohibits the use of
lead shot for hunting upland game; 21 other stations only allow
nontoxic shot for upland, big game, and/or turkey hunting; and 10
refuges and hatcheries limit the use of lead tackle in sport fishing.
Three of these stations have both a hunting and a fishing lead
restriction, so there are 29 total stations with lead restrictions in
this rule.
The Service continues to educate hunters and anglers on the impacts
of lead on the environment, and particularly on human health and safety
concerns of ingesting animals harvested with lead ammunition. We always
encourage hunters and fishers to voluntarily use nontoxic ammunition
and tackle for all harvest activities. Lead alternatives to both
ammunition and tackle are becoming more widely available and used by
hunters and anglers; however, they remain more expensive.
The Service believes it is important to encourage refuge-State
partnerships to reach decisions on lead usage. We continue to research
this issue and engage with States and other partners to promote the use
of non-lead ammunition and tackle. We share a strong partnership with
the States in managing wildlife, and, therefore, we are proceeding with
the phase-out of toxic ammunition in a coordinated manner with each
respective State wildlife agency. For example, in California, the use
of lead ammunition is prohibited Statewide including on all Service
lands, largely in response to the adverse impacts of lead on the
endangered California condor (Gymnogyps californianus).
At those stations where the Service is continuing to allow lead
ammunition and tackle in order to be consistent with the States, the
number of new hunters or anglers expected to use lead bullets or lead
tackle as a result of the new or expanded opportunities is anticipated
to be very low, so the resulting addition of lead into the environment
should be negligible or minor. Where lead ammunition or tackle is still
allowed (although discouraged) on Service lands, the addition of lead
and the associated impacts to the environment are negligible when
compared to the lead in the environment as a result from other fishing,
hunting, or other activities in the local, regional, and national area.
We disagree with the assertion of some commenters that any use of
lead shot in connection with opening and expanding hunting and fishing
on the refuges and fish hatcheries in this rulemaking will harm
endangered or threatened species. Each refuge and hatchery carefully
evaluated possible impacts on endangered and threatened species as part
of the NEPA process. As discussed above, on refuges, where lead
ammunition or tackle is allowed, we found that the low number of
hunters and anglers using lead ammunition or tackle would result in no
more than a negligible increase of lead in the environment when
compared to the lead ammunition and tackle being used in the
surrounding areas. In addition, every refuge and hatchery looked at the
impacts of these new or expanded hunting and fishing opportunities,
including the allowance or prohibition of lead, on endangered and
threatened species in compliance with requirements under section 7 of
the ESA. The ESA requires Federal agencies to ensure that the actions
they carry out, fund, or authorize do not jeopardize the continued
existence of endangered or threatened species (listed species). For
each refuge, the Service determined that the proposed action was not
likely to adversely affect any listed species. We have reviewed
commenters' concerns regarding insufficient analyses on the impact of
lead in certain station-specific NEPA documents, and we have clarified
or added additional analyses where appropriate.
We have also updated the 2020-2021 cumulative impacts report to
clarify and discuss additional information on the impacts of lead
brought to our attention through the public comment period. While we
will continue to phase out the use of lead ammunition and tackle on
Service lands in cooperation with our State partners, we did not make
any changes to the rule as a direct result of these comments. We have,
however,
[[Page 54083]]
added new prohibitions for use of toxic shot for multiple hunts at
Coldwater River, Patoka River, Ottawa, and Horicon NWRs in this rule.
Therefore, this rule contains a total of 33 lead-limiting hunting and
fishing provisions at 29 stations.
Comment (14): We received several comments that claimed the Service
had not adequately addressed the cumulative impacts to endangered and
threatened species. Some of these comments pointed to one or more
particular species.
Our Response: In compliance with section 7 of the ESA, every
station determined that their proposed actions would have either ``no
effect'' or were ``not likely to adversely affect'' endangered and
threatened species or designated critical habitat. Because endangered
and threatened species are usually highly localized, minor or
negligible impacts on an endangered or threatened species at a local or
even regional scale would likely have no cumulative impact on national
populations of those species.
While there may be some minor, localized, and temporary (short-
term) impacts to endangered and threatened species as a result of
hunting or fishing activities, every station ensured that these impacts
were minimized and, in many cases, offset them through a variety of
management activities. For example, one commenter expressed concerns
over the cumulative impact to the endangered northern aplomado falcon
(Falco femoralis septentrionalis) at Lower Rio Grande Valley NWR and
Laguna Atacosta NWR. The majority of hunts at these refuges are not
taking place during the nesting season and are not occurring in areas
utilized by aplomado falcons. Hunts are occurring in association with
brush habitats and not within the coastal prairie habitats utilized by
the aplomado falcon. Over the course of nearly three decades, no
adverse effects to aplomado falcons from the conduct of the hunts on
refuges in south Texas or elsewhere has ever been documented.
We did not make any changes to the rule as a result of these
comments.
Comment (15): We received many comments expressing concern about
opening and expanding opportunities for hunting of predator species.
Several of these comments objected to all proposed hunting of a
predator species on a Service station and named all such stations. Some
commenters alleged that we did not give enough consideration to the
impacts of those proposed hunts, and that the hunts conflicted with the
Service's mandates under the Administration Act to maintain the
biological integrity, diversity, and environmental health of the
refuge. Some commenters were also concerned that the cumulative impacts
report was not sufficient in its analysis of furbearer species
specifically.
Our Response: Refuge managers consider predator management
decisions on a case-by-case basis. As with all species, a refuge
manager makes a decision about managing predator populations, which are
included in the category of resident wildlife, including allowing
predatory species to be hunted, only after careful examination to
ensure the action would comply with relevant laws, policies, and
directives. The Administration Act, as amended, directs the Service to
manage refuges for ``biological integrity, diversity, and environmental
health.'' Predators play a critical role in the integrity, diversity,
and overall health of ecosystems, so before allowing predators to be
hunted, a refuge manager must ensure that these actions do not threaten
the integrity, diversity, or health of the refuge ecosystem. The
manager must also determine that the action is compatible with refuge
purposes and the mission of the Refuge System, and in keeping with the
refuge's CCP and other step-down plans. In addition, the refuge manager
analyzes the impacts of the actions on the environment through the NEPA
process and section 7 of the ESA. Therefore, a refuge manager must take
many steps to ensure that any opportunity for hunting predators on a
refuge meets the Service's applicable laws and policies.
The Administration Act, as amended, also mandates that regulations
permitting hunting or fishing of fish and resident wildlife within the
Refuge System shall be, to the extent practicable, consistent with
State fish and wildlife laws, regulations, and management plans (16
U.S.C. 668dd(m)). Therefore, all the opportunities for hunting
predators in this rule that are intended to bring greater consistency
with State fish and wildlife laws, regulations, and management plans
are part of realizing the Service's mission. Moreover, these, as with
all predator hunting determinations and all hunting and fishing
determinations, were only made after careful consideration by the
refuge manager to ensure that such actions would not threaten the
integrity, diversity, and overall health of the ecosystem and were
compatible with both the purpose of the refuge and the mission of the
Refuge System. For NFHs, the hatchery manager made the decision that
such opportunities were not detrimental to the propagation of fish,
wildlife, or aquatic species (50 CFR 70.1). Finally, both the NEPA
process and the rulemaking process provide the opportunity for the
public to provide comments and any additional information on impacts of
our actions. We considered the additional information provided from the
public on this issue during these public comment periods and determined
that they did not affect our initial determinations that these small
and minor opportunities for hunting predators on specific refuges or
hatcheries will have no more than minor impacts on the population
health of these species or other wildlife at the local, regional, or
national level.
To clarify, our determination of the rule's impact on furbearers,
like many other resident wildlife species in this rule, is not based on
bag limits, but rather on the limited number of hunters that we expect
to pursue these opportunities as a result of the rule. Hunting for
furbearers (including some predators) on refuges is often limited by
season date ranges and hours of day. In other cases, the terrain and
habitat of the refuge or hatchery are not conducive to these types of
hunting opportunities. Therefore, it is our determination that this
rule, while bringing greater alignment with State hunting regulations,
will not result in significant impacts to predator or furbearer
species. We have updated the 2020-2021 cumulative impacts report to
clarify these points of public concern.
We did not make any changes to the rule as a result of these
comments.
Comment (16): We also received various comments expressing the
sentiment that ``trophy hunting,'' trapping, baiting, and hounding of
predators are ``unsportsmanlike'' activities and inappropriate uses on
Service lands.
Our Response: The Service does not attempt to define or authorize
``trophy hunting'' in any of our laws, regulations, or policies
concerning hunting. We follow State hunting and fishing regulations
(except for where we determine it is necessary to be more restrictive
on individual stations), including State regulations concerning
responsible hunting, or prohibitions on wanton waste (defined as ``to
intentionally waste something negligently or inappropriately''). We
only allow hunting on refuges and hatcheries when we have determined
that the opportunity is sustainable and compatible.
The use of dogs for hounding is prohibited on refuges by 50 CFR
26.21(b) unless authorized by station-specific regulations, and many
refuges
[[Page 54084]]
only authorize the use of dogs for retrieval of migratory birds, upland
game birds, and small game. Most refuges that allow dogs require the
dogs to be under the immediate control of the hunter at all times, or
leashed unless actively retrieving an animal. There are also some
hatcheries that allow hounding. All of them do so in order to provide
complete consistency with State regulations in the interest of
effective law enforcement, as the hatcheries that allow this activity
are small and are only providing access on their land for hounding
because they are surrounded by State land that allows this practice. In
cases where there may be concerns with use of dogs impacting the
management and purpose of the hatchery, those hatcheries have also been
closed to hounding.
In States where baiting is allowed, some refuges have elected to be
more restrictive and not support this method of hunting. In cases where
hatcheries have allowed this activity, they do not expect the hunting
activity for species such as bear will occur, and thus no baiting would
occur on the hatchery. Some hatcheries allow this use to be in complete
consistency with State regulations for law enforcement reasons.
Trapping is not a valid method of take as part of hunting programs
in the Refuge System. Under the Improvement Act, trapping is not
considered a priority wildlife-dependent recreational use of the Refuge
System. Trapping on refuges is generally only implemented to accomplish
specific wildlife management objectives. These objectives vary between
refuges and are often an essential tool in meeting refuge management
objectives (e.g., trapping of predators may be necessary to accomplish
waterfowl production objectives or to protect an endangered species).
We did not make any changes to the rule as a result of these
comments.
Comment (17): Several commenters raised the issue of the impact of
the rule on wilderness, particularly as defined by the 1964 Wilderness
Act (16 U.S.C. 1131-1136). Some of these comments focused on wilderness
concerns at specific refuges, including Cabeza Prieta NWR in Arizona.
Our Response: Hunting and fishing are generally compatible
wildlife-dependent recreational activities allowed in many wilderness
areas managed by both the Service and other land management agencies,
such as the Bureau of Land Management and the National Park Service.
However, in order to be compatible with wilderness purpose and values,
hunting and fishing activites within wilderness areas are subject to
certain limitations, including foot or nonmotorized watercraft access
only, primitive weapons only, and in some cases special use permit
requirements that ensure wilderness values are protected. Because
hunting and fishing in wilderness is not easily accessible and has many
restrictions, we anticipate the number of hunters or anglers in
wilderness to be very low, and we determined there will be no
significant impacts to wilderness areas or wilderness values from this
rule. For example, the wilderness area at Cabeza Prieta NWR is fairly
accessible to visitors due to the unique non-wilderness road corridors
along El Camino del Diablo and Christmas Pass Road. Yet, due to the
rugged terrain and extreme weather conditions, the Service does not
anticipate hunters traveling more than 5 miles from these roads.
Therefore, increased hunting opportunities will potentially affect a
maximum of 19 percent of the 860,000-acre refuge. Hunting will be
limited to foot access only to ensure wilderness values are protected.
We anticipate the number of hunters will be low, and there will be
negligible increase in impacts to the refuge's wilderness area.
We did not make any changes to the rule as a result of these
comments.
Comment (18): A couple commenters had questions about permitting
for hunting and fishing at certain refuges.
Our Response: First, the best source for answers to detailed
questions on permitting at a given refuge is still the refuge website,
brochures, station signage, and/or station staff. Second, these
inquiries may have been prompted by the fact that in this rule we made
a significant number of regulatory changes related to permits, many of
them specifying the particular Federal form required. The forms that
the Service uses to issue permits must be approved by the Office of
Management and Budget (OMB) and assigned an OMB control number.
Therefore, the rule ensures that our regulations list the approved form
number of the permit, which displays a valid OMB control number, that
is required at the station. These clarifying changes to our regulations
should benefit all hunters and anglers who visit the refuges and
hatcheries. Each station has further instructions on the permit process
at that station's office, listed in the station's hunting or fishing
brochure, and/or on various signs and placards located around the
station.
Comment (19): We received many comments that expressed concern over
some aspect of public safety. Commenters raised concerns about openings
or expansions of hunting at several stations based on the potential for
trespassing, the location of refuges in crowded areas, potential
conflicts with other visitors to the refuge, or the need for adequate
funding and/or staffing. In particular, the most common specific
concern was that the increase in openings and expansions of hunting and
sport fishing would overwhelm existing law enforcement capacity. These
concerns were expressed for multiple specific stations and as a
nationwide issue, but we received the most comments about public safety
concerns both nationally and locally around hunting at Sachuest Point
NWR.
Our Response: The Service considers public safety to be a top
priority. In order to open or expand hunting or sport fishing on a
refuge, we must find the activity compatible. In order to find an
activity compatible, the activity must not ``materially interfere or
detract from'' public safety, wildlife resources, or the purpose of the
refuge (see the Service Manual at 603 FW 2.6.B., available online at
https://www.fws.gov/policy/603fw2.html). For this rulemaking, we
specifically analyzed the possible impacts of the changes to hunting
programs at each refuge and hatchery on visitor use and experience,
including public safety concerns and possible conflicts between user
groups.
Hunting of resident wildlife on refuges generally occurs consistent
with State regulations, which are designed to protect public safety.
Refuges may also develop refuge-specific hunting regulations that are
more restrictive than State regulations in order to help meet specific
refuge objectives, including protecting public safety. Refuges use many
techniques to ensure the safety of hunters and visitors, such as
requiring hunters to wear blaze orange, controlling the density of
hunters, limiting where firearms can be discharged (e.g., not across
roads, away from buildings), and using time and space zoning to limit
conflicts between hunters and other visitors. It is worth noting that
injuries and deaths related to hunting are extremely rare, both for
hunters themselves and for the nonhunting public.
However, public comment is important in making sure we have
considered all available information and concerns before making a final
decision on a proposed opening or expansion. For Sachuest Point NWR,
the Service proposed a non-annual, short-duration, limited (maximum 8
hunters), mentored firearms hunt for white-tailed deer, with the chance
to opportunistically hunt coyote or fox while deer hunting. Opposition
to the proposal was widespread, including from the
[[Page 54085]]
municipality, State representatives, and the State's congressional
delegation. The refuge received over 600 comments on the proposed hunt
at the refuge, and 97 percent of those commenters were opposed to the
plan, with particular concerns about public safety and impacts to
recently restored marshland. For these reasons, the hunt unit area is
being decreased from 223 acres to 150 acres to exclude areas near town
beaches and the salt marsh, and the allowed method of take is changed
from firearms to archery only. For Bosque del Apache NWR, we are not
adopting the proposed hunting of dark goose, American coot, common
moorhen, common snipe, duck, and merganser in order to ensure no
negative impacts to public safety or to important habitat on the
refuge. This means we are removing 663 acres for migratory bird hunting
on Bosque del Apache NWR from what we proposed on April 9, 2020 (85 FR
20030). This final rule also incorporates changes from the proposed
rule to the designated areas where hunting can occur for public safety
reasons at three other refuges that are not codified in the Code of
Federal Regulations but that will be reflected on the refuges'
websites, in their brochures, and on their signage. Specifically, from
the designated hunting areas we proposed on April 9, 2020 (85 FR
20030): (1) We removed 16 acres from the designated hunting area for
John H. Chafee NWR in response to public safety concerns, including a
comment from local law enforcement; (2) we removed 16 acres from the
designated hunting area for Ottawa NWR in order to reduce the risk of
trespassing through adjacent lands in the interest of public safety;
and (3) we removed 80 acres from the designated hunting area for
LaCreek NWR in order to reduce the risk of trespassing on adjacent
lands in the interest of public safety.
For the rest of the proposed openings or expansions of hunting in
our April 9, 2020, proposed rule (85 FR 20030), we have determined that
there are sufficient protections in place as part of the hunt program
at that station to ensure public safety. For more information on the
Service's efforts to ensure public safety at a particular station,
please see that station's hunt plan, compatibility determination, and
associated NEPA analysis.
Regarding concerns about lack of funding or staffing, Service
policy (603 FW 2.12.A.(7)) requires station managers to determine that
adequate resources (including personnel, which in turn includes law
enforcement) exist or can be provided by the Service or a partner to
properly develop, operate, and maintain the use in a way that will not
materially interfere with or detract from fulfillment of the refuge
purpose(s) and the Service's mission. If resources are lacking for
establishment or continuation of wildlife-dependent recreational uses,
the refuge manager will make reasonable efforts to obtain additional
resources or outside assistance from States, other public agencies,
local communities, and/or private and nonprofit groups before
determining that the use is not compatible. When Service law
enforcement resources are lacking, we are often able to rely upon State
fish and game law-enforcement capacity to assist in enforcement of
hunting and fishing regulations. For all 147 stations opening or
expanding hunting and/or sport fishing in this rule, we have determined
that we have adequate resources, including law enforcement personnel,
to develop, operate, and maintain the proposed hunt programs.
We did not make any additional changes (other than those described
in this response) to the rule as a result of these comments.
Comment (20): Many commenters stated and even put forward
statistics on the fact that the majority of Americans do not hunt. Most
of these commenters were also of the opinion that allowing hunting
would impede ``non-consumptive'' uses of refuges, including photography
and wildlife viewing. A few of these commenters mentioned our
obligation to manage the refuges in the interest of multiple uses,
particularly those listed in the Administration Act.
Our Response: Congress, through the Administration Act, as amended,
envisioned that hunting, fishing, wildlife observation and photography,
and environmental education and interpretation would all be treated as
priority public uses of the Refuge System. Therefore, the Service
facilitates all of these uses on refuges, as long as they are found
compatible with the purposes of the specific refuge and the mission of
the Refuge System. For this rulemaking, we specifically analyzed the
possible impacts of the changes to hunting programs at each refuge and
hatchery on visitor use and experience, including public safety
concerns and possible conflicts between user groups.
The refuges and hatcheries in this rulemaking use a variety of
techniques to reduce user conflict, such as specific hunt seasons,
limited hunting hours, restricting which parts of the station are open
to hunting, and restricting the number of hunters. Station managers
also use public outreach tools, such as signs and brochures, to make
users aware of hunting and their options for minimizing conflict. Most
stations have station-specific regulations to improve the quality of
the hunting experience as well as provide for quality wildlife-
dependent experiences for other users. The Service is aware of several
studies showing a correlation between increased hunting and decreased
wildlife sightings, which underscores the importance of using the
aforementioned techniques, particularly time and space zoning of
hunting, to ensure a quality experience for all refuge and hatchery
visitors. More information on how a specific station facilitates
various wildlife-dependent recreation opportunities can be found in the
station's CCP, hunt plan, and/or station-specific associated NEPA
document. The public may contact the specific refuge or hatchery for
any of these materials, and the NEPA documents associated with this
rule are available here for all stations: https://www.fws.gov/refuges/hunting/rules-regulations-and-improved-access/.
In response to public comments, this rule incorporates changes to
Bosque del Apache NWR's refuge-specific hunting regulations to help
address impacts on other wildlife-dependent recreation users and
partners working on the refuge, as well as possible impacts to habitat
on the refuge. In addition, we have made modifications to the
designated hunting area, in order to reduce risk of conflict with other
priority public uses, at Lee Metcalf NWR that are not codified in the
Code of Federal Regulations but that will be reflected on the refuge's
website, in its brochures, and on its signage. Specifically, from the
designated hunting area we proposed on April 9, 2020 (85 FR 20030), we
removed 1,463 acres at Lee Metcalf NWR in the interest of balancing
priority public uses.
Comment (21): One comment centered on the impact of muzzleloaders
(firearms loaded through the open end of the barrel, as opposed to
modern breech-loaded firearms) on wildlife and public health and safety
for a long list of refuges. A few of the refuges named do not allow
muzzleloader firearms, with this rule or otherwise, but the majority of
those listed do under this rule.
Our Response: We have determined that the allowance of muzzleloader
rifles as a method of take at these refuges is compatible with the
purposes of those refuges and the mission of the Refuge System. We have
also determined that allowing this method of take will have negligible
impacts on wildlife and public safety for the following reasons:
[[Page 54086]]
(a) Numbers of hunters using muzzleloaders on the specific refuges
named in the comment and on Service lands in general are expected to
remain low. The 2016 National Survey of Hunting and Fishing reported
that only 12 percent of all hunters reported using muzzleloaders.
(b) Noise produced by muzzleloading and modern rifles and shotguns
of the same caliber and barrel length are similar in decibel range
(approximately 150-160 dB for shotguns). However, the noise produced by
these weapons has quite different characteristics. Black powder used in
muzzleloaders makes a much lower frequency noise of longer duration.
Smokeless cartridges used in modern firearms have a faster burn, which
gives a much higher pitched noise that is much shorter. The high-
pitched crack of modern firearms is more damaging to hearing, and
likely more disturbing to wildlife than the lower-pitched sound of
black-powder weapons.
(c) Muzzleloading weapons have a shorter effective range and
require a closer approach to game than when using modern firearms. In
addition, the long reloading time of muzzleloaders (approximately 30
seconds) means that hunters typically wait for better opportunities,
and fewer shots are fired.
(d) Muzzleloaders use a variety of propellants, including black
powder, a mixture of potassium nitrate, charcoal, and sulfur. Black
powder does produce relatively large quantities of smoke when fired. If
combustion of black powder is complete, smoke would contain primarily
nitrogen and carbon dioxide. However, since combustion is incomplete,
black powder combustion produces hydrogen sulfide, sulfur oxides,
carbon monoxide, and nitrogen oxides. (See Del'Aria, Cynthia and
Opperman, David A. 2017. ``Pyrotechnics in the Entertainment Industry:
An Overview.'' pp. 791-802 In: Sataloff, Robert T. (ed) 2017.
Professional Voice, Fourth Edition: The Science and Art of Clinical
Care (3 vol). Plural Publishing.) These compounds are toxic if breathed
in high concentrations; however, in field conditions encountered when
hunting, black powder smoke disperses rapidly. Total amounts produced
as a result of hunting activity would be negligible, and therefore
effects to wildlife would also be negligible.
(e) Muzzleloaders do take significantly more knowledge to operate
than modern firearms, and involve greater risk. However, a political
and social research firearm injury surveillance study, which
accumulated data from 1993 to 2008, reported that firearm-related
incidents (all firearms) occurred in only 9 out of every 1 million
hunting days. (See Loder, Randall T. and Farren, Neil. 2014. ``Injuries
from firearms in hunting activities.'' Injury: International Journal of
the Care of the Injured 45(8): 1207-1214. Online at: https://doi.org/10.1016/j.injury.2014.04.043.) In 2017, there were over 17 million
hunters with firearms according to the National Sporting Goods
Association (NSGA), and only 35 injuries occurred per 100,000
participants, of which a vast majority were not serious injuries. (See
Target Tamers. 2020. ``Hunting Accident Statistics: Fatalities,
Injuries, and Tree Stand Accidents.'' Online at: https://www.targettamers.com/guides/hunting-accident-statistics/#_ftn24.) Thus,
while hunting with any type of firearm involves risk, overall it is an
extremely safe activity.
We did not make any changes to the rule as a result of this
comment.
Comment (22): We received one comment stating there was no mention
of ``catch and release'' in the proposed rule and asking us to
``advocate for'' this method of fishing in the interest of maintaining
fish populations.
Our Response: We agree with the commenter that catch-and-release
restrictions can be a good way to both allow fishing and ensure
population health of the targeted species. We do have catch-and-release
restrictions on many of our stations. For example, we have three
stations (Assabet River NWR, Cherry Valley NWR, and Wallkill River NWR)
in this rule that retain their regulations allowing only catch-and-
release fishing. Where catch-and-release is not required, it usually
means that, consistent with the State, the fishery populations are
healthy enough to sustain some take or that the targeted species are
nonnative.
Comment (23): Two comments, one of them referencing the other,
advocate for falconry as an approved method of take in alignment with
State regulations, specifically in the State of Arizona.
Our Response: We allow hunting of resident wildlife on NWRs 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. Service policy, as outlined in our
Service manual at 605 FW 2.7.M. (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 VSP (which would include a
hunt plan, if appropriate) from their CCP, 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
restrict hunting and types of hunting, including falconry, if, for
example, endangered or threatened species are present, the cumulative
impacts of a type of hunt have not been analyzed or are not available,
or if a type of special hunt is not compatible with the refuge purpose.
Thus, this issue is decided individually on a refuge-by-refuge basis.
The Service remains committed to opening hunting methods, including
falconry and especially those methods allowed by State regulations,
whenever it is possible to do so at a given refuge in a manner
consistent with all purposes and objectives of the refuge, in the
professional judgment of the refuge manager.
We did not make any changes to the rule as a result of these
comments.
Comment (24): One commenter requested that we change our
regulations on the use of dogs for hunting to be more consistent
Service-wide and to align them with State regulations.
Our Response: Even though State regulations may allow dogs during
hunting activities, our general refuge regulations prohibit all
domesticated animals at 50 CFR 26.21(b) unless authorized by refuge-
specific regulations. While refuges adopt State hunting and fishing
regulations to the extent practicable, they must also comply with the
general refuge regulations. Therefore, in order to allow dogs during
hunting activities, each refuge must authorize the use of dogs during
hunting activities in their refuge-specific entries at 50 CFR part 32.
As explained above, all uses on refuges must be found compatible and
must not conflict with refuge objectives. Some refuges have found that
the use of dogs during hunting activities must be limited or not
authorized in order to avoid conflict with refuge objectives. Where we
do allow the use of dogs while hunting, we attempt to have consistency
with regulations between refuges, especially within States and
geographic regions.
As an example of such efforts, the Northeast Region, based on
conversations and cooperation with Northeast Association of Fish &
Wildlife Agencies leadership, evaluated its current practices and
ultimately proposed in our April 9, 2020, proposed rule (85 FR 20030)
to allow some use of dogs while hunting to increase consistency. Nearly
all refuges in the
[[Page 54087]]
Northeast Region will soon be aligned with their respective State's
regulations on the use of dogs during hunting seasons for big game,
upland game, and migratory game birds.
We did not make any changes to the rule as a direct result of this
comment, but we did make some changes to regulations related to the use
of dogs for other reasons, and these changes may increase consistency
across stations and further align with State regulations.
Comment (25): We received one comment that urged the development of
a user fee that would be consistently applied for all refuges and
hatcheries and for all recreational uses.
Our Response: The Service collects entrance and recreation fees
under the authorities of the Refuge Revenue Sharing Act of 1935 (16
U.S.C. 715s) and the Federal Lands Recreation Enhancement Act (FLREA;
16 U.S.C. 6801 et seq.). Service policy requires refuge managers to
consider two factors in determining fees for any activity: Fair market
value and costs involved in providing the use. Because fair market
value and refuge costs can differ among localities, there is often a
range of different fees for similar activities in different locations.
For locations that collect fees under FLREA, public comment periods are
required when refuges initiate fees and to change the types and amounts
of fees. We encourage public participation in this process.
We did not make any changes to the rule as a result of this
comment.
Comment (26): A number of commenters mentioned climate change, as a
general environmental issue, as something we should consider in
developing this rule. A few of these commenters specifically argued
that we did not fully consider the impacts of this rule in the context
of the separate impacts of climate change on fish, wildlife, and other
refuge resources in our cumulative impacts report.
Our Response: The Service considers the impacts of climate change
on the management of wildlife and responds to a changing climate
through its annual process of setting hunting and fishing seasons.
Hunting seasons are based on biological monitoring and coordination
with our State partners. In some circumstances, seasons may be adjusted
based on predicted harvest rates, population levels, seasonal factors,
and other assessments. While this process is not necessarily climate-
based, over time, as the variables mentioned above change, the Service
responds by altering its regulations accordingly. These regulatory
changes are only incremental changes that build on previous changes.
Any major changes in station or environmental conditions, such as an
unsustainable decrease in a species population or sizeable increases in
refuge or hatchery acreage or public uses, would trigger additional
planning, NEPA review, Compatibility Determinations, and ESA section 7
evaluation processes. The Service may reevaluate compatibility at any
time if conditions warrant. These required planning and management
processes ensure that adverse impacts will not accumulate over time.
As a result of these comments, we have updated the 2020-2021
cumulative impacts report to further clarify our approach to
considering climate change. We did not make any changes to the rule as
a result of these comments.
Comment (27): Several comments noted the potential benefits of this
rule in reducing the spread of wildlife diseases due to the increase in
hunting opportunities. One of these comments further urged us to ensure
that our regulations provide flexibility for individual stations to
address chronic wasting disease in deer populations.
Our Response: We agree that in States where chronic wasting disease
(CWD) is prevalent, hunting can be a useful emergency management tool
for reducing the spread and prevalence of CWD. Population reduction can
minimize disease transmission and selective culling of deer in areas
where CWD occurs and can control the prevalence of the disease (Mateus-
Pinilla, N., M.O. Ruiz, P. Shelton, and J. Novakofski. 2013. Evaluation
of a wild white-tailed deer population management program for
controlling chronic wasting disease in Illinois, 2003-2008.
Preventative Veterinary Medicine, 110(3-4): 541-548). For many of the
refuges in affected States, there are strategies to coordinate with the
State on responses to CWD outbreaks outlined in the station's hunt plan
or CD. Beyond opening additional emergency hunts, stations can, when
necessary, coordinate with States to monitor for CWD and provide
additional staff support and resources for the State's response to an
outbreak.
We did not make any changes to the rule as a result of these
comments.
Comment (28): We received two comments that touched on the proposed
rule's discussion of the economic impacts of the rule. One commenter
argued that we must include local economies with no expected changes to
revenues as a result of the proposed rule alongside those that may see
changes because omitting them ``skews the results'' in our conclusion
that the rule will not significantly affect a substantial number of
small entities. The second commenter claimed that we must conduct a
Regulatory Flexibility Act analysis for this rule and that it must
include the impact of the rule on non-consumptive users.
Our Response: For the first comment, if we were to include
estimates of zero impact for any number of local economies in areas
unaffected by the rule, it would not change our estimate of the maximum
nationwide economic impact and would not change anything about the
potential economic significance of the rule.
Regarding the second comment, a Regulatory Flexibility Act analysis
is required for some rulemakings, but this rulemaking does not require
such an analysis because we can certify that it will not significantly
affect a substantial number of small entities. The commenter is correct
that non-consumptive users are an important user group at our refuges
and hatcheries, and they do bring benefits to local economies. However,
the commenter's argument that we need to consider economic impacts of
the rule on non-consumptive users, and presumably that it would change
our finding on significance of the rule's impact if we did, does not
persuade us for two key reasons. First, if the impacts the commenter
describes, lost revenue for local economies from fewer non-consumptive
use days at refuges and hatcheries, were to occur as a result of this
rule, they would be offset by the increased revenues that we have
calculated for the added hunting and fishing use days. This means that
calculating both impacts, again assuming there were lost non-
consumptive use days, could never find as much of an impact as
calculating one or the other alone. Calculating impacts related to both
user groups would be inefficient. Second, calculating only the economic
impact of the rule's effects on non-consumptive users of the refuges
would not likely result in a higher estimate of maximum nationwide
economic impact because there are no expected effects on this user
group, which means the estimated economic impacts would be zero. As
discussed above in our response to Comment (20), this rule is not
expected to significantly impact non-consumptive users. None of the
provisions in this rule regulate non-consumptive uses of the refuge,
and all openings and expansions of hunting and fishing are assessed for
compatibility with non-consumptive uses. The Service has put in place
many restrictions on hunting and fishing programs, including some added
in response to comments on this rule, in
[[Page 54088]]
order to ensure that we balance the various priority wildlife-dependent
recreation uses on all refuges and hatcheries. We do not expect the
rule to effect non-consumptive use of the refuges and hatcheries, and
we fully expect the trends of increasing non-consumptive use mentioned
by the commenter to continue alongside the implementation of the rule.
We did not make any changes to the rule, including to our
discussion of the Regulatory Flexibility Act analysis and the
Secretary's certification that this rule will not have a significant
impact on a substantial number of small entities, as a result of these
comments.
Comment (29): A few comments maintained that we need to account for
the ongoing impacts to habitat and wildlife from border operations and
border wall construction in assessing the hunting and fishing
opportunities at our refuges on the border with Mexico (i.e., Lower Rio
Grande Valley, Laguna Atascosa, and Cabeza Prieta NWRs). These
commenters argue that the combined impacts of border operations and
increased hunting and fishing pose too much of a risk to habitats and
to certain species, particularly endangered and threatened species.
Our Response: The Service disagrees with commenters that opening
these areas to hunting would have more than minor cumulative impacts on
habitat and species. In general, the potential impacts of providing
additional hunting opportunities, which are minimal and temporary in
nature, are negligible to minor for both habitats and species. The
refuge-specific documents at Cabeza Prieta, Buenos Aires, and Lower Rio
Grande Valley NWRs have been updated to further clarify the anticipated
impacts and how they have been minimized. Specifically at Lower Rio
Grande Valley NWR, hunt tracts, with the exception of La Casita East,
are removed by several miles (25-30 miles) from the border. Therefore,
since the effects of hunting and border wall activities are, for the
most part, separated by substantial distances, the refuge does not
anticipate that hunting activities (including through vehicle traffic
or foot traffic) would contribute to any cumulative impacts to species
from border activities and development occurring along or within the
Rio Grande tracts of the refuge. At Cabeza Prieta NWR, hunter use days
would predominantly occur from October through February when wildlife,
including Sonoran pronghorn, are less likely to be stressed by
environmental conditions. Cabeza Prieta NWR does not allow hunters
access via motorized transport or mechanized equipment within
designated wilderness or on any administrative roads or trails within
designated wilderness. Additionally, the terrain at Cabeza Prieta NWR
is very rough and mountainous, with hot Sonoran desert conditions.
Therefore, most hunting will likely occur within 5 miles of the public
roads that run through non-wilderness corridors. Additionally, there
are a number of mitigation measures put in place to reduce adverse
effects on pronghorn, which include restricting dove hunting to late
season only, enforced speed limits, and no hunting zones around captive
breeding facilities. Even though these activities are occurring in the
same area, we expect a very limited number of hunters. This means that
the minimal human activity associated with hunting is not likely to
significantly add to disturbance of pronghorn, even when considered in
the context of border-related activities. The vast size of the refuge
(860,000 acres) also weighs in favor of our assessment that any impacts
of these potentially overlapping human activities would be negligible.
Finally, these refuges use an adaptive management approach, as do all
of our stations, and will make all necessary adjustments to their hunt
programs should they determine that hunting activities are adversely
impacting a listed species.
Comment (30): A significant number of comments advocated for
openings and expansions of additional waterfowl hunting opportunities.
Most of these specifically requested opportunities in the State of
California and the Southeastern United States.
Our Response: We appreciate the support for and interest in
waterfowl hunting in California and in the Southeast. We are committed
to evaluating additional waterfowl hunting opportunities on refuges
wherever it is compatible with refuge purposes, sanctuary requirements,
local conditions, and other objectives and obligations of the Refuge
System. These requests for additional openings and expansions will have
to be a consideration for future rulemakings, as they have not yet been
evaluated and thus cannot be accommodated between a proposed and final
rule. Nevertheless, given the degree of public interest, it is
appropriate to note some considerations specific to waterfowl hunting
in California and the southeastern United States.
In California, for a variety of reasons, our ability to further
expand some of the highlighted opportunities at our NWRs is limited.
These reasons include, but are not limited to, limited access,
unreliable water supplies, and recovery of endangered species. Also,
despite the high demand during opening weekend, we have many waterfowl
hunt opportunities throughout the season in California that are
undersubscribed. In the Southeast, many NWRs face limits in opening and
expanding beyond current opportunities as many are closed or partially
closed to migratory bird hunting in order to meet inviolate sanctuary
requirements or because of a specific establishing purpose inconsistent
with waterfowl hunting. Yet, there are many more refuges in the region
that are accessible and open to waterfowl hunting, with regulations
that are aligned or closely aligned to State regulations.
We did not make any changes to the rule as a result of these
comments.
Alaska
Comment (31): We received multiple comments that we failed to
provide credible scientific evidence that camelids present a disease
threat to wildlife in Arctic National Wildlife Refuge (Arctic NWR).
Our Response: We disagree with these comments. The Service must
make decisions on what uses to allow on a refuge consistent with
principles of sound fish and wildlife management and administration,
available science and resources, and adherence to the requirements of
ANILCA, the Administration Act, and other applicable laws.
While few peer-reviewed studies have directly investigated the
transmission of pathogens from camelids to wild sheep, there have been
assessments that advise caution. Schwantje and Stephen (2003) stated
that llamas commonly carry pathogens that can cause disease in wild
ungulates (H. Schwantje and C. Stephen. 2003. Communicable disease
risks to wildlife from camelids in British Columbia. British Columbia
Ministry of Water, Land and Air Protection Biodiversity Branch,
Victoria, BC). They expressed particular concern for fecal-borne
disease, such as Johne's disease and Pasteurella spp. Johne's disease
is fatal, is easily transmitted among ruminants, is long-lived in the
environment, and has no known treatment. In another risk assessment by
the Centre for Coastal Health (2017), seven common camelid pathogens
were identified that could potentially present significant risks to
wild sheep populations: Mannheimia haemolytica, Pasteurella spp.,
contagious ecthyma, bovine viral diarrhea virus, Mycobacterium avium
paratuberculosis (Johne's disease), bluetongue virus, and Mycobacterium
bovis. They concluded that Mannheimia haemolytica, Pasteurella spp.,
contagious ecthyma,
[[Page 54089]]
and Johne's disease were of particular concern. Both studies expressed
concern regarding disease transmission from contact between camelids
and wild sheep and their habitat (Centre for Coastal Health. 2017. Risk
assessment on the use of South American camelids for back country
trekking in British Columbia. British Columbia Ministry of Forests,
Lands, Natural Resource Operations and Rural Development Division of
Wildlife conservation, Alaska Department of Fish and Game). These
assessments informed the Service's decision to prohibit camelids on
Arctic NWR.
Limited clinical/pen testing studies have been conducted that co-
mingle various domestic (including llamas) and wild animals in an
effort to detect disease transmission (Foreyt, W. J. 1994. Effects of
controlled contact exposure between healthy bighorn sheep and llamas,
domestic goats, mountain goats, cattle, domestic sheep, or mouflon
sheep. Northern Wild Sheep and Goat Council Proceedings 9: 7-14.).
While this limited study suggests that llamas do not likely pose as
serious of a threat to wild sheep as do domestic sheep, it fails to
provide compelling evidence that llamas do not pose any risk of
pathogen transmission to wild sheep. There were several limitations of
the study: (1) It was a symposium presentation, not a peer-reviewed
paper; (2) it limited investigation to the transmission of Pasteurella
haemolytica and did not investigate other pathogens of concern; (3) it
is unclear the total numbers of animals that were involved in the
study; and (4) it is unclear if the llamas housed with the sheep were
in fact infected with Pasteurella haemolytica.
We did not make any changes to the rule as a result of these
comments.
Comment (32): We received several comments questioning the
Service's risk tolerance and precautionary approach to prohibiting
camelids on the Arctic NWR.
Our Response: As discussed above, the Service must make decisions
on what uses to allow on a refuge consistent with principles of sound
fish and wildlife management and administration, available science and
resources, and adherence to the requirements of ANILCA, the
Administration Act, and other applicable laws.
Vast, natural, and wild, Arctic NWR serves a distinctive function
in the National Wildlife Refuge System. As a completely intact
ecosystem, Arctic NWR offers the opportunity to preserve a range of
tangible and intangible values in addition to the traditional fish,
wildlife, and habitat values and focal species conservation found on
most refuges. One of the core purposes of the Arctic NWR, as directed
by ANILCA's section 303(2)(B)(i), is to conserve fish and wildlife
populations and habitats in their natural diversity including, but not
limited to, Dall's sheep.
With that mandate in mind, Arctic NWR sought further professional
guidance, including from the Western Association of Fish and Wildlife
Agencies (WAFWA) Wild Sheep Working Group's ``Recommendations for
Domestic Sheep and Goat Management in Wild Sheep Habitat.'' Those
recommendations state: ``We recommend that wild sheep managers design
and implement management strategies by taking the first step of
assessing and prioritizing conservation value and relative importance
of wild sheep populations. The greater the conservation value and the
greater the risk of association with domestic sheep or goats, the more
aggressive and comprehensive a strategy to ensure effective separation
should be.'' The Arctic NWR places the highest importance and
conservation value on the area's wildlife, including Dall's sheep.
Therefore, a most aggressive and comprehensive ``effective separation''
strategy is warranted. Furthermore, the WAFWA document provides an
additional recommendation relating to disease transmission risk
mitigation: ``It is generally acknowledged that thinhorn sheep (Ovis
dalli spp.) in Alaska and northwestern Canada are likely na[iuml]ve to
exposure to many organisms commonly carried by domestic species,
compared to wild sheep occurring in southern Canada and the continental
[United States]. Until this is confirmed and the effects of exposure to
infectious organisms are clearly understood, it is essential that no
association occurs between thinhorn sheep and domestic sheep or goats''
(Garde, E., S. Kutz, H. Schwantje, A. Veitch, E. Jenkins, and B. Elkin.
2005. Examining the risk of disease transmission between wild Dall's
sheep and mountain goats and introduced domestic sheep, goats and
llamas in the Northwest Territories. Northwest Territories Agricultural
and Policy Framework and Environment and Natural Resources Government
of the Northwest Territories, Yellowknife, Canada; CAST (Council for
Agricultural Science and Technology). 2008. Pasteurellosis transmission
risks between domestic and wild sheep. CAST Commentary QTA 2008-1.
Council for Agricultural Science and Technology, Ames, Iowa). In light
of this acknowledged potential for exposure, the Service finds that
precluding any association between Dall's sheep and domestic sheep or
goats within the Arctic NWR is warranted at this time.
The Service also included camelid species in this rule because they
too have been documented as carriers of pathogens that could
potentially harm Dall's sheep. Preventing the introduction (e.g.,
pathway management) of invasive species and pathogens is the first line
and most cost-effective defense against biological invasion. The cost
of managing pathogen(s) that may be transmitted by domestic sheep,
goats, and camelids through other means (i.e., eradicating or
controlling) is exponentially higher. Additionally, there is
uncertainty that the recovery of these populations would be achievable
if the Dall's sheep populations were to be infected with any of these
pathogens. Response and recovery efforts would be made even more
difficult considering the Arctic NWR's vast size and remoteness, and
the overall difficulty of accessing the sheep and their habitats. Much
of the sheep habitat is in designated Wilderness, adding a layer of
administrative complexity to any kind of management response to a
disease outbreak. To conserve the natural diversity of the Arctic NWR
and integrity of Dall's sheep populations in the Arctic NWR, the best
course of action is to prevent the introduction of pathogens until
there is more information available on how or if pathogens can be
effectively managed through other mitigation strategies.
A study that helps illustrate the value of prevention (Cassirer et
al. 2018. Pneumonia in bighorn sheep: Risk and resilience. The Journal
of Wildlife Management, 82(1): 32-45) found that no vaccine or
antibiotic treatment has controlled infection in domestic or wild
sheep, and management actions to mitigate morbidity and mortality in
wild sheep populations once exposed have been unsuccessful. This is
true for populations in the lower 48 States where access and associated
logistics for such efforts are relatively feasible. Sheep populations
in the Brooks Range are considerably more challenging to access and
attempt to treat for disease, supporting the decision that prevention
is the best course of action.
Comment (33): We received a comment noting that llamas and horses
are both widely separated from wild sheep taxonomically and that
consequently these species enjoy strong species barriers against
disease transmission that the Service failed to recognize by ``mis-
categorizing camelids
[[Page 54090]]
with domestic sheep and goats as a common disease risk.'' The commenter
stated that domestic sheep and goats (bovids) are not widely separated
from wild sheep (also bovids) taxonomically, and consequently they do
not enjoy the same species barriers against disease transmission to
wild sheep that horses and llamas do.
Our Response: We agree with the commenter that llamas and horses
are separated from wild sheep taxonomically. The inclusion of camelid
species with domestic sheep and goat species in this rule is not due to
taxonomic association. Camelids are included because, similar to
domestic sheep and goats, they can harbor the pathogens that are of
high risk for enzootic disease outbreak in native wildlife populations.
These diseases include Mannheimia haemolytica, Pasteurella spp.,
contagious ecthyma, bovine viral diarrhea virus, bluetongue virus, and
Mycobacterium bovis. Mannheimia haemolytica, Pasteurella spp.,
contagious ecthyma, and Johne's disease are of particular concern for
native ungulate species in Alaska.
Comment (34): We received several comments expressing concern that
camelids were being treated differently than other pack animals.
Several commenters stated that if camelids are identified as an
``unreasonable risk'' by the Service, the Service should also consider
the unreasonable disease risk posed by humans and other pack animals.
Our Response: As discussed above, there is potentially great risk
to Dall's sheep from sheep, goats, and camelids due to the suite of
pathogens they can carry. Similar risks do not exist with respect to
other common pack animals, such as horses and mules, or humans.
Therefore, we did not make any changes to the rule based on these
comments.
Comment (35): One commenter noted that Mycoplasma ovipneumoniae has
recently been identified in Dall's sheep in the northern Brooks Range
and, according to the Alaska Department of Fish and Game (ADFG),
evidence suggests they (wild ungulates) may have been carriers all
along; therefore, there is no need to prohibit llamas on Arctic NWR.
The commenter also noted that additional evidence from ADFG suggested
that moose and caribou also carry the pathogen and may be potential
vectors.
Our Response: Multiple strains of Mycoplasma ovipneumoniae have
been identified. The Mycoplasma ovipneumoniae that ADFG documented in
Dall's sheep is apparently a unique Alaska wildlife-only strain that
has not been found in any domestic animals, and there is no known cross
immunity from different strains. Domestic pack animals can transmit
other strains of Mycoplasma ovipneumoniae or other diseases and
parasites that are novel to the Arctic NWR populations and pose serious
risks to these populations. Furthermore, ADFG has not suggested that
Alaska's moose and caribou carry the pathogen, nor are they considered
potential vectors to Dall's sheep (Dr. Kimberlee Beckmen, June 9, 2020,
pers. comm.).
Several studies highlight the vulnerability of wild sheep to novel
strains of Mycoplasma ovipneumoniae. Cassirer et al. (2017) state that
transmission of pathogens carried by domestic sheep and goats pose a
severe threat to bighorn sheep populations (Cassirer, E.F., K.R.
Manlove, R.K. Plowright, and T.E. Besser. 2017. Evidence for strain-
specific immunity to pneumonia in bighorn sheep. The Journal of
Wildlife Management, 81(1): 133-143). Large die-offs occur from
pneumonia caused by exposure to Mycoplasma ovipneumoniae. This is
further complicated by the fact that some of the survivors from these
epidemics are asymptomatic, but can pass this pathogen on to other
sheep, including new lambs. These lambs usually succumb to pneumonia
and die. Additionally, they cited a situation in Hells Canyon in which
a novel Mycoplasma ovipneumoniae strain introduced by domestic goats
caused high levels of morbidity and mortality among adult sheep in the
population. In another study, researchers sampled 137 animals in 24
flocks of domestic sheep and goats for Mycoplasma ovipneumoniae and
found that 37.5 percent of the flocks tested positive. Additionally,
they found that 78 percent of these animals had incidences of escape
from their pens, thus potentially transmitting this pathogen to wild
sheep (Heinse, L.M., Hardesty, L.H., and Harris R.B. 2016. Risk of
pathogen spillover to bighorn sheep from domestic sheep and goat flocks
on private land. Wildlife Society Bulletin, 40(4): 625-633).
Kamathet al. (2019) examined the pneumonia-associated bacterium
Mycoplasma ovipneumoniae in domestic sheep, domestic goats, bighorn
sheep, and mountain goats across the western United States using
samples collected from 1984 to 2017. They found that there was a much
higher genetic diversity of Mycoplasma ovipneumoniae (i.e., many more
strains) in domestic animals than in wild populations of bighorn sheep
and mountain goats. They concluded that ``the ability to predict
[Mycoplasma ovipneumoniae] spillover into wildlife populations may
remain a challenge given the high strain diversity in domestic sheep
and need for more comprehensive pathogen surveillance'' (Kamath, P.L.,
K. Manlove, E.F. Cassirer, P.C. Cross, and T.E. Besser. 2019. Genetic
structure of Mycoplasma ovipnumoniae informs pathogen spillover
dynamics between domestic and wild Caprinae in the western United
States. Scientific Reports, 9:15318).
Comment (36): Multiple commenters stated that the Service's
assertion that the proposed regulation is better aligned with ADFG
regulations and WAFWA recommendations is inaccurate, because neither
ADFG regulations nor WAFWA recommendations prohibit the use of
camelids.
Our Response: The Service agrees with commenters that we were not
clear in the assertions made regarding alignment with ADFG regulations
and WAFWA recommendations. The amendment to the Arctic NWR regulations
does align with ADFG regulations to the extent that it restricts the
use of domestic sheep and goats when hunting Dall's sheep, mountain
goats, and musk ox in Alaska. The prohibition on camelids on the Arctic
NWR is more protective than ADFG's current regulations, which are
silent on camelid species. While WAFWA recommendations do not
specifically address camelids, they advise wildlife managers to
maximize effective separation between wild sheep and potential disease
vectors. As camelids are potential disease vectors, the Service has
determined that prohibiting camelids on the Arctic NWR is necessary in
order to more closely align with WAFWA's recommendations.
Comment (37): We received a few comments that the proposed
prohibition would not expand public use opportunities, but instead
would restrict these activities in remote areas where pack animals
might be necessary for public access.
Our Response: The Service finds that the prohibition on certain
domestic pack animals in the Arctic NWR is an appropriate measure to
conserve Dall's sheep. Ensuring the health and population of Alaska
wildlife ensures that wildlife-dependent public use opportunities can
continue into the future. While the prohibition does restrict rather
than expand certain public use opportunities, it will help preserve
wildlife-dependent public uses such as hunting, wildlife observation,
and wildlife photography (priority public uses defined by the
Improvement
[[Page 54091]]
Act) by preventing disease transfer to Dall's sheep and other wildlife
species.
Comment (38): We received a request to amend our proposal to allow
the use of camelids for public uses on Arctic NWR a case-by-case basis
through a refuge permit or, similarly, to allow pack goat use through
implementation of ``best management practices.''
Our Response: The Service considered amending the regulations in a
manner that could allow for future uses of these pack animals through
an Arctic NWR-administered permit program but decided against doing so.
As discussed in our response to Comment (32), preventing the
introduction (e.g., pathway management) of invasive species and
pathogens is the first line and most cost-effective defense against
biological invasion. The cost of managing pathogen(s) once transmitted
to wild sheep by domestic sheep, goats, and camelids (i.e., eradicating
or controlling) is exponentially higher. Additionally, there is
uncertainty that if the Dall's sheep populations were to be infected
with any these pathogens, the recovery of these populations would be
achievable. To conserve the natural diversity of the Arctic NWR and
integrity of Dall's sheep populations on the refuge, the best course of
action is to prevent the introduction of pathogens until there is more
information available on how (or if) pathogens can be effectively
managed through other mitigation strategies. As a permitting system
would not necessarily prevent the introduction of pathogens and would
do nothing to help control an outbreak or mitigate adverse effects to
Dall's sheep, the Service chose not to include a permit option in this
final rule.
The Service reviewed the North American Packgoat Association
(NAPgA) ``best management practices'' (BMP) document submitted by the
commenter and determined that the referenced practices fail to
adequately address disease risk mitigation of pack goats beyond careful
owner oversite (identification and control), co-mingling mitigation,
and lost goat response. Consistent with the reasoning described above,
the Service chose not to make an exception in this final rule for pack
goat use that adheres to the NAPgA's BMP document standards.
Therefore, we did not make any changes to the rule as a result of
this comment.
Comment (39): Several commenters expressed concerns that the llama
packing user group was not informed of or included in the 2011-2015
public review process for the Arctic NWR's CCP and associated NEPA
process that ultimately determined that camelid use on the refuge would
be prohibited.
Our Response: The public process that resulted in the 2015 Arctic
NWR CCP and Record of Decision (ROD) involved both a 90-day public
comment period on the 2011 draft Arctic NWR CCP and associated draft
environmental impact statement (draft EIS) (see 76 FR 50490; August 15,
2011) and various public meetings, which the Service informed the
public of through extensive outreach. In addition to the 90-day public
comment period on the draft CCP and draft EIS, the Service held two
open houses, six public hearings, and four community meetings. Through
the public comment period, the Service received 612,285 public comments
on the draft CCP/draft EIS, 6 of which requested that the Service
prohibit certain domestic pack animals due to their potential threat as
a wildlife disease vector.
Public comment periods allow agencies to learn more from the
public, Alaska Native Tribal governments and corporations, and other
agencies, and to refine their proposals as appropriate. Because of
this, the agency's final action, which is only made after the
conclusion of the public comment period, may be different from the
agency's original proposal. In the case of the Arctic NWR CCP, the
original proposed action did not contain a prohibition on pack llama
use on the refuge, but after reviewing the public comments and
additional scientific literature, and considering the purposes of the
Arctic NWR, the Service determined that a change to the CCP was
warranted, and incorporated a proposed prohibition into the final EIS.
On January 27, 2015, we published a notice of availability (80 FR
4303) of the revised CCP and final EIS for the Arctic NWR; that notice
announced a 30-day public review period for those documents, which
began when the Environmental Protection Agency published its requisite
notice on February 6, 2015 (80 FR 6705). This review period provided
the public with an opportunity to understand changes made between the
draft CCP/draft EIS and the revised CCP/final EIS, to read responses to
public comments on the draft CCP/draft EIS, and to learn about the
Service's preferred alternative. That revised CCP includes references
to the additional information that informed the inclusion of camelids.
This process was consistent with both the Service's planning laws (16
U.S.C. 3101 et seq.) and policies (602 FW 3), as well as the
requirements of NEPA (42 U.S.C. 4332).
Comment (40): We received several comments that the inclusion of a
proposed closure of a use on Arctic NWR (i.e., the prohibition on
domestic sheep, goats, and camelids) within the station-specific
rulemaking does not adhere to rulemaking and closure procedures for
Alaska refuges as provided by ANILCA.
Our Response: The Service has done extensive outreach on the
amendment to the regulations, including, but not limited to, announcing
the proposed amendment on the Arctic NWR's public website; mailing and
emailing affected Tribal governments, user groups, wildlife
organizations, and other partners and stakeholders; informing and
communicating with both the ADFG and Alaska's congressional
representatives; publishing the proposed rule in the Federal Register
(85 FR 20030; April 9, 2020) with a 60-day public comment period;
holding a virtual public hearing on May 13, 2020 (due to the COVID-19
pandemic it could not be held safely in person); publishing notice of
the proposed Arctic NWR regulation and virtual public hearing in both
regional and local newspapers; posting notice of the proposed Arctic
NWR regulation at community post offices; and announcing the proposed
Arctic NWR regulation via two public service announcements run on KUAC
(Fairbanks). We received numerous comments on the proposed rule,
including the Arctic NWR regulation, and offer our responses to those
comments in this rule. Therefore, we have fully satisfied the
requirements for notice-and-comment rulemaking under the Administrative
Procedure Act (5 U.S.C. 551 et seq.).
The commenters state that the prohibition of certain domestic pack
animals in the Arctic NWR constitutes a ``closure'' that triggers
additional notice and public hearing requirements under ANILCA. The
Service remains in full compliance with ANILCA because we conducted the
types of public outreach specified at section 1110(a) of ANILCA and the
associated implementing regulations (i.e., 43 CFR 36.11 and 50 CFR
36.42). Regardless, the State of Alaska has requested that the
promulgation of regulations for NWRs in Alaska be conducted under
separate rulemaking processes, and not be included in the larger annual
hunting and fishing rulemaking for the Refuge System. They state this
is preferable because of the unique public input and notice
requirements mandated by ANILCA and the associated implementing
regulations. We agree, and we intend to conduct rulemaking
[[Page 54092]]
for NWRs in Alaska separately from the annual station-specific
regulations in the future.
Comment (41): We have received comments from the State of Alaska
and AFWA directing our attention to the recent Sturgeon v. Frost
decision of the U.S. Supreme Court. 139 S. Ct. 1066 (2019). These
comments note that the Supreme Court held the National Park Service
cannot impose regulations on lands it does not own and reaffirmed the
State of Alaska's right to manage fish, wildlife, and public access
over non-Federal lands, including submerged lands.
Our Response: We agree with the ADFG and AFWA that the State of
Alaska has the right to manage fish, wildlife, and public access over
non-Federal lands, including submerged lands owned by the State of
Alaska. We value the partnership with the State of Alaska for managing
the wildlife, lands, and waters within Alaska NWRs for the benefit of
the American public. The Alaska regulation in this rule applies to
federally owned lands in the Arctic NWR and does not impose
restrictions on non-Federal lands, including State of Alaska-owned
submerged lands and is, therefore, consistent with the Sturgeon v.
Frost decision.
Changes From Proposed Rule
Based on consultation with States and other partners, comments we
received on the proposed rule, and comments we received on NEPA
documents for individual refuges and hatcheries, we made a number of
changes between the proposed rule and this final rule, some of which
have been discussed above under Summary of Comments and Responses.
For one, we have added regulatory text to open hunts for species
that we reason should have been included alongside other new hunts at
the same refuge. Regulatory language allowing hunting for bear at Oxbow
NWR, quail at Valentine NWR, pronghorn antelope at Fort Niobrara NWR,
and for dove and quail at Tallahatchie River are included in this final
rule. We also corrected Table 1 below to reflect an expansion of elk
hunting at Monte Vista NWR, which does not require a change to the
regulatory text because we are only expanding an existing hunt to new
acres. We have conducted the same NEPA processes for these species as
all of the other species in this rule, and they have been subject to
public review and comment through that process. In the case of bear at
Oxbow NWR, opening hunting of this species in this rule will maintain
consistency, as bear hunting is opened at three refuges (Great Meadows
NWR, Assabet River NWR, and Oxbow NWR) in close proximity to each other
in the Eastern Massachusetts National Wildlife Refuge Complex. The
refuge did receive NEPA process public comments in support of and in
opposition to the opening of bear hunting at each of these three
refuges in the complex, including Oxbow. None of these comments raised
concerns particular to Oxbow; they were relevant to all three refuges.
Conversely, we are not adopting 23 proposed hunting opportunities
for particular species at four refuges in this final rule. At Cabeza
Prieta NWR, as summarized in response to Comment (5) above, we are not
adopting the proposed hunting of ringtail cat, badger, and skunk due to
cultural concerns in consultation with the Tohono O'odham Nation of
Arizona. At Bosque del Apache NWR, as summarized in response to Comment
(19) above, we are not adopting the proposed hunting of dark goose,
American coot, common moorhen, common snipe, duck, and merganser in
response to public comments and in order to ensure no negative impacts
to public safety or to important habitat. At Alamosa and Monte Vista
NWRs, as mentioned in response to Comment (12) above, we are not
adopting proposed expansions onto new acres for the hunting of the same
seven species (rabbit, duck, dark geese, light geese, coot, dove, and
snipe) at both refuges because the categorical exclusions for these
expansions may require further consideration.
Also, as mentioned in response to comments above, we are adding a
special permit requirement for the take of furbearers at Quivira NWR.
Requiring this Kansas Department of Wildlife, Parks and Tourism (KDWPT)
permit will further alignment of our regulations with the State of
Kansas and is consistent with the refuge CCP.
Another change made, again as mentioned in response to comments
above, is that we added regulatory language for Coldwater River, Patoka
River, Ottawa, and Horicon refuges that results in this final rule
having four more regulatory provisions limiting the use of lead shot
than were in the proposed rule. These changes were not directly in
response to public comments received that expressed concern about lead
ammunition, but they do reduce the number of openings and expansions
under this rule for which hunters may use lead ammunition.
We made multiple regulatory changes that affect the hours and
seasons for hunts or for related activities such as constructing stands
and blinds. These changes were each made to better align with State
regulations, to promote intrastate alignment of station-specific
regulations, or in response to comments. For example, as discussed
above, the hours of the day open to weekend alligator hunting at Banks
Lake NWR were adjusted based on a comment from the Georgia Department
of Natural Resources to align with Georgia's alligator daily hunting
hours. Another example is that, after extensive public response to
proposed big game hunting at Sachuest Point NWR, we added a provision
explicitly stating these hunts will be periodic rather than annual and
will be strictly limited to a small number of hunters.
Similarly, we added regulations that limit the method or manner of
take as a response to public comments or for clarification of refuge
policy. This includes making the mentored deer hunting at Sachuest
Point NWR archery only, limiting the number of individuals that can
participate in muzzleloader deer hunting at Fort Niobrara NWR by
instituting a limited permit lottery, prohibiting handgun and rifle
hunting of upland and big game at Assabet and Oxbow refuges, allowing
only shotgun when hunting migratory birds at Turnbull NWR, and revising
the proposed feral hog hunt at Bosque del Apache NWR into incidental
take of feral hog during other big game seasons. Note also that we made
several changes that clarified the use of dogs. In some cases this was
in response to public comments, while in others it was to promote
intrastate alignment of station-specific regulations. For example, in
response to public comments, for LaCreek NWR, the rule now clarifies
that the current use of dogs when hunting is expanded to newly opened
areas and that the use of dogs while predator hunting is prohibited;
whereas changes clarifying that dogs can only be used in the context of
bird hunting were made for Buenos Aires, Fallon, and Stillwater
refuges.
At LaCreek and Laguna Atascosa refuges, specifically, we added
regulations concerning field dressing of certain hunting take as a
result of public comments and to balance refuge uses.
Next, we made several changes to regulations that concerned various
methods of transportation. These changes were made either in
consultation with and to further align with States or in response to
public comments. These changes include not adopting the proposed use of
bicycles at Bosque del Apache NWR, clarifying motorized vessel and
airboat regulations at Loxahatchee NWR, and allowing boat use for
access purposes at LaCreek NWR.
[[Page 54093]]
At Montezuma and North Platte refuges, we clarified regulations for
youth and special hunts.
Additionally, as referenced in response to Comment (18), above, we
made numerous changes throughout the rule, in addition to regulatory
revisions already proposed, to ensure the specific required forms,
which display a valid OMB control number, are indicated whenever our
regulations mention the need for one of our Federal permits. This
reflects a nationwide effort to be clear in our regulations regarding
which Federal permit form is being referenced in a given regulation to
promote public understanding and compliance.
Finally, we also made various nonsubstantive, editorial corrections
and clarifying revisions throughout the rule. These changes ensure
clarity and accuracy for the benefit of the public in relying on the
regulatory text and the benefit of the stations in administering the
regulations.
Effective Date
We are making this rule effective upon publication (see DATES,
above). We provided a 60-day public comment period for the April 9,
2020, proposed rule (85 FR 20030). We have determined that any further
delay in implementing these station-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 refuges' and
hatcheries' hunting and sport fishing programs. This rule does not
impact the public generally in terms of requiring lead time for
compliance. Rather, it primarily relieves restrictions in that it
allows activities on refuges and hatcheries 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
Updates to Hunting and Fishing Opportunities on NWRs and NFHs
This document codifies in the Code of Federal Regulations all of
the Service's hunting and/or sport fishing regulations that are updated
since the last time we published a rule amending these regulations (84
FR 47640; September 10, 2019) and that are applicable at Refuge System
and Hatchery System units previously opened to hunting and/or sport
fishing. We do this to better inform the general public of the
regulations at each station, 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
parts 32 and 71, visitors to our refuges and hatcheries may find them
reiterated in literature distributed by each station or posted on
signs.
Table 1--Changes for 2020-2021 Hunting/Sport Fishing Season
--------------------------------------------------------------------------------------------------------------------------------------------------------
Migratory bird
Station State hunting Upland game hunting Big game hunting Sport fishing
--------------------------------------------------------------------------------------------------------------------------------------------------------
Abernathy Fish Technology Center.. Washington........... Closed............... Closed............... Closed.............. A.
Alamosa........................... Colorado............. Already Open......... Already Open......... Already Open........ B.
Arthur R. Marshall Loxahatchee.... Florida.............. D.................... Closed............... C................... D.
Assabet River..................... Massachusetts........ C.................... C.................... C/D................. Already Open.
Balcones Canyonlands.............. Texas................ Already Open......... Already Open......... D................... Closed.
Bamforth.......................... Wyoming.............. Closed............... A.................... A................... Closed.
Banks Lake........................ Georgia.............. Closed............... Closed............... B................... Already Open.
Berkshire NFH..................... Massachusetts........ Closed............... Closed............... Closed.............. A.
Big Branch Marsh.................. Louisiana............ E.................... C/E.................. Already Open........ Already Open.
Bitter Lake....................... New Mexico........... E.................... Already Open......... D................... Closed.
Black Bayou Lake.................. Louisiana............ Already Open......... Already Open......... E................... Already Open.
Blackwater........................ Maryland............. D.................... Closed............... D................... Already Open.
Block Island...................... Rhode Island......... B.................... Closed............... D................... Already Open.
Bogue Chitto...................... Louisiana and E.................... E.................... E................... Already Open.
Mississippi.
Bombay Hook....................... Delaware............. C/D.................. C/D.................. D................... B.
Bosque del Apache................. New Mexico........... C/D.................. C/D.................. C/D/E............... Already Open.
Browns Park....................... Colorado............. Already Open......... Already Open......... C................... Already Open.
Buenos Aires...................... Arizona.............. C.................... C.................... C................... Closed.
Buffalo Lake...................... Texas................ B.................... C/D.................. Already Open........ Closed.
Cabeza Prieta..................... Arizona.............. B.................... B.................... C................... Closed.
Canaan Valley..................... West Virginia........ D.................... D.................... D................... B.
Carolina Sandhills................ South Carolina....... Already Open......... C.................... Already Open........ Already Open.
Catahoula......................... Louisiana............ C.................... Already Open......... Already Open........ Already Open.
Cedar Island...................... North Carolina....... E.................... Closed............... Closed.............. Closed.
Cibola............................ Arizona and D.................... C/D.................. D................... Already Open.
California.
Clarks River...................... Kentucky............. Already Open......... C.................... Already Open........ Already Open.
Cokeville Meadows................. Wyoming.............. C.................... Already Open......... Already Open........ B.
Coldwater River................... Mississippi.......... C.................... C.................... Already Open........ Already Open.
Crab Orchard...................... Illinois............. D/E.................. Already Open......... D/E................. Already Open.
Crescent Lake..................... Nebraska............. C/D.................. D.................... C................... E.
Dahomey........................... Mississippi.......... C.................... C.................... E................... Already Open.
Deer Flat......................... Idaho and Oregon..... Already Open......... Already Open......... Already Open........ D.
Dwight D. Eisenhower NFH.......... Vermont.............. Closed............... Closed............... Closed.............. A.
Edwin B. Forsythe................. New Jersey........... Already Open......... Already Open......... Already Open........ D.
Eufaula........................... Georgia and Alabama.. E.................... Already Open......... Already Open........ Already Open.
Everglades Headwaters............. Florida.............. A.................... A.................... A................... A.
Fallon............................ Nevada............... A.................... A.................... A................... Closed.
Fish Springs...................... Utah................. C.................... B.................... B................... Closed.
Flint Hills....................... Kansas............... Already Open......... C.................... E................... Already Open.
Fort Niobrara..................... Nebraska............. B.................... B.................... C/E................. Already Open.
[[Page 54094]]
Great Meadows..................... Massachusetts........ D.................... B.................... C/D................. Already Open.
Great River....................... Illinois and Missouri C.................... Already Open......... E................... Already Open.
Hart Mountain..................... Oregon............... B.................... C/D.................. Already Open........ Already Open.
Horicon........................... Wisconsin............ C.................... C.................... C................... Already Open.
Hutton Lake....................... Wyoming.............. Already Open......... B.................... B................... Closed.
Iroquois.......................... New York............. D/E.................. E.................... E................... Already Open.
John W. and Louise Seier.......... Nebraska............. A.................... A.................... A................... Closed.
John H. Chafee.................... Rhode Island......... A.................... A.................... A................... A.
Jordan River NFH.................. Michigan............. A.................... A.................... A................... Closed.
Kirwin............................ Kansas............... C.................... C/E.................. D................... E.
Kootenai.......................... Idaho................ C.................... Already Open......... Already Open........ D.
LaCreek........................... South Dakota......... D.................... C/D.................. C/D................. Already Open.
Laguna Atascosa................... Texas................ Closed............... Closed............... C................... Already Open.
Lamar NFH......................... Pennsylvania......... Closed............... Closed............... Closed.............. A.
Leavenworth NFH................... Washington........... B.................... B.................... B................... Already Open.
Lee Metcalf....................... Montana.............. Already Open......... B.................... D................... D.
Leslie Canyon..................... Arizona.............. A.................... A.................... A................... Closed.
Little White Salmon NFH........... Washington........... B.................... B.................... B................... Already Open.
Lower Rio Grande Valley........... Texas................ D/E.................. B.................... C/D/E............... Closed.
Marais des Cygnes................. Kansas............... C/E.................. C/E.................. E................... Already Open.
Mattamuskeet...................... North Carolina....... E.................... Closed............... Already Open........ Already Open.
Merced............................ California........... C.................... Closed............... Closed.............. Closed.
Middle Mississippi River.......... Illinois and Missouri C.................... C.................... Already Open........ Already Open.
Minidoka.......................... Idaho................ C/D.................. C/D.................. C/D/E............... Already Open.
Monte Vista....................... Colorado............. Already Open......... Already Open......... D................... Closed.
Montezuma......................... New York............. C.................... B.................... E................... D.
Muscatatuck....................... Indiana.............. B.................... C.................... E................... Already Open.
Nestucca Bay...................... Oregon............... C.................... Closed............... Closed.............. Already Open.
Ninigret.......................... Rhode Island......... Closed............... B.................... C/E................. Already Open.
Northern Tallgrass Prairie........ Minnesota............ D.................... D.................... D................... D.
North Platte...................... Nebraska............. Closed............... C/E.................. D/E................. Already Open.
Ottawa............................ Ohio................. D.................... D.................... D................... Already Open.
Overflow.......................... Arkansas............. C.................... Already Open......... Already Open........ Closed.
Oxbow............................. Massachusetts........ D.................... C/D/E................ C/D/E............... Already Open.
Pahranagat........................ Nevada............... Already Open......... D.................... Closed.............. Already Open.
Pathfinder........................ Wyoming.............. C.................... Already Open......... Already Open........ Closed.
Patoka River...................... Indiana.............. C/D.................. C/D.................. D................... D.
Quivira........................... Kansas............... C.................... C.................... B................... Already Open.
Rachel Carson..................... Maine................ Already Open......... Already Open......... Already Open........ D.
Rydell............................ Minnesota............ B.................... B.................... E................... Already Open.
Sachuest Point.................... Rhode Island......... Closed............... B.................... B................... Already Open.
San Diego Bay..................... California........... Closed............... Closed............... Closed.............. A.
San Luis.......................... California........... Already Open......... D.................... Closed.............. Already Open.
Savannah.......................... South Carolina and Already Open......... C.................... C................... Already Open.
Georgia.
Seatuck........................... New York............. Closed............... Closed............... B................... Already Open.
Spring Creek NFH.................. Washington........... B.................... B.................... B................... Already Open.
Stewart B. McKinney............... Connecticut.......... D/E.................. Closed............... B................... Closed.
Stillwater........................ Nevada............... Already Open......... Already Open......... C................... Closed.
St. Marks......................... Florida.............. Already Open......... D/E.................. D/E................. Already Open.
St. Vincent....................... Florida.............. Closed............... E.................... E................... Already Open.
Swan River........................ Montana.............. Already Open......... Closed............... C................... Already Open.
Swanquarter....................... North Carolina....... E.................... Closed............... Closed.............. Closed.
Tallahatchie...................... Mississippi.......... C.................... C.................... E................... Already Open.
Tennessee......................... Tennessee............ C/D.................. C/E.................. E................... Already Open.
Tensas River...................... Louisiana............ Already Open......... C.................... Already Open........ Already Open.
Tishomingo........................ Oklahoma............. Already Open......... Closed............... Already Open........ E.
Trustom Pond...................... Rhode Island......... C.................... Closed............... Closed.............. Already Open.
Turnbull.......................... Washington........... E.................... Closed............... Already Open........ Closed.
Two Rivers........................ Illinois and Missouri D.................... D.................... D................... Already Open.
Umbagog........................... New Hampshire and Already Open......... Already Open......... Already Open........ B.
Maine.
Union Slough...................... Iowa................. C.................... C.................... Already Open........ Already Open.
Valentine......................... Nebraska............. C/D.................. C.................... C................... Already Open.
Wapato Lake....................... Oregon............... A.................... Closed............... Closed.............. Closed.
Wertheim.......................... New York............. Closed............... Closed............... C/E................. Already Open.
Willapa........................... Washington........... Already Open......... Already Open......... D................... Already Open.
Willard NFH....................... Washington........... Closed............... Closed............... Closed.............. A.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Key:
A = New station opened (Opening).
B = New activity on a station previously open to other activities (Opening).
C = Station already open to activity but added new species to hunt (Opening).
[[Page 54095]]
D = Station already open to activity, but added new lands/waters or modified areas open to hunting or fishing (Expansion).
E = Station already open to activity, but existing opportunity expanded through season dates, method of take, bag limits, quota permits, youth hunt,
etc. (Expansion).
The changes for the 2020-2021 hunting/fishing season noted in the
table above are each based on a complete administrative record which,
among other detailed documentation, also includes a hunt plan, a
compatibility determination (for refuges), 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 here: https://www.fws.gov/refuges/hunting/rules-regulations-and-improved-access/.
Through these openings and expansions, we are opening or expanding
hunting or sport fishing on 2,264,796 acres of NWRs and, as discussed
below, opening 47,419 acres on limited-interest easement NWRs. We are
also opening hunting or sport fishing on 1,484 acres of the National
Fish Hatchery System. These totals combine for an overall total of
2,313,699 acres opened or expanded to hunting or sport fishing by this
rule.
Limited-Interest Openings in North Dakota
We are also opening limited-interest NWRs (easement refuges) to
hunting and fishing in accordance with State regulations and with
access controlled by the current landowners. These easement refuges in
North Dakota are a unique mix of government-owned and private property
that were established during the 1930s in response to drought and
economic depression in North Dakota. The Easement Refuge Program began
in 1935, and executed agreements that granted the Federal Government
migratory bird and flowage easements, many of them perpetual, for the
purposes of water conservation, drought relief, and migratory bird and
wildlife conservation. The overarching purpose of the program is
management of migratory birds, with these easements serving as breeding
grounds for many migratory waterfowl. The easements thus established
were later formally designated NWRs and became the 41 easement refuges
that the Service now administers (and which the Service retains the
right to close to hunting/fishing, and later open, for wildlife,
safety, or other reasons).
We are opening all 41 of these easement refuges to upland game and
big game hunting, with migratory bird hunting prohibited due to the
migratory bird management purpose of these refuges. This rule also
opens 38 of the easement refuges to sport fishing, as the remaining 3
are already open to sport fishing. This opens a total of 47,419 acres
to hunting and fishing, subject to the permission of current
landowners.
Other Updates to the Regulations for NWRs
We are making one change to 50 CFR part 36, the regulations
concerning Alaska NWRs. Specifically, we are prohibiting domestic
sheep, goats, and camelids on the Arctic National Wildlife Refuge. The
purpose of this prohibition is to prevent the spread of diseases and
parasites to native wildlife populations, including mountain goats,
musk oxen, and especially Dall's sheep. Dall's sheep in Alaska,
including on the Arctic National Wildlife Refuge, are free of domestic
livestock diseases and are believed to have very low immunity to many
of these diseases. Domestic sheep, goats, and camelids (e.g., llamas
and alpacas) are recognized as being at high risk for carrying disease
organisms, often asymptomatically, that are highly contagious and cause
severe illness or death in Dall's sheep.
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/fish-tech.
Required Determinations
Regulatory Planning and Review (Executive Orders 12866 and 13563)
Executive Order 12866 provides that the Office of Information and
Regulatory Affairs (OIRA) will review all significant rules. OIRA has
determined that this rulemaking is not significant.
Executive Order (E.O.) 13563 reaffirms the principles of E.O. 12866
while calling for improvements in the nation's regulatory system to
promote predictability, to reduce uncertainty, and to use the best,
most innovative, and least burdensome tools for achieving regulatory
ends. The executive order directs agencies to consider regulatory
approaches that reduce burdens and maintain flexibility and freedom of
choice for the public where these approaches are relevant, feasible,
and consistent with regulatory objectives. E.O. 13563 emphasizes
further that regulations must be based on the best available science
and that the rulemaking process must allow for public participation and
an open exchange of ideas. We have developed this rule in a manner
consistent with these requirements.
Executive Order 13771--Reducing Regulation and Controlling Regulatory
Costs
This final rule is not an Executive Order (E.O.) 13771 (82 FR 9339,
February 3, 2017) regulatory action because this rule is not
significant under E.O. 12866.
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 will 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
will not have a significant economic impact on a substantial number of
small entities.
As a preface to this analysis, we note that this rule opens 41
easement refuges to hunting and/or sport fishing, but because these
openings are subject to individual landowner permission, we are not
including them in the calculation of the rule's estimated economic
impact. We anticipate negligible economic impact due to limited demand
from hunters and anglers in the area. In our EAs analyzing these
openings, we provided an estimate for biological evaluation purposes of
the hunting and fishing use days for all 41 easement refuges
cumulatively. We have not converted those estimates of potential use
days into dollar figures for
[[Page 54096]]
this rule because it is difficult to predict whether private landowners
will grant access and because it may not be justifiable to use the same
impact calculation methods to these lands with uncertain, privately
controlled access as we do for the other lands in this rule with public
access.
This final rule opens or expands hunting and sport fishing on 97
NWRs and 9 NFHs. As a result, visitor use for wildlife-dependent
recreation on these stations will change. If the stations establishing
new programs were a pure addition to the current supply of those
activities, it would mean an estimated maximum increase of 25,702 user
days (one person per day participating in a recreational opportunity;
see 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 Maximum Change in Recreation Opportunities in 2020-2021
[Dollars in thousands]
----------------------------------------------------------------------------------------------------------------
Additional Additional Additional
Station hunting days fishing days expenditures
----------------------------------------------------------------------------------------------------------------
Abernathy Fish Technology Center (FTC).......................... .............. .............. ..............
Alamosa......................................................... .............. 200 $6.9
Arthur R. Marshall (ARM) Loxahatchee............................ 57 242 10.3
Assabet River................................................... 195 .............. 6.5
Balcones Canyonlands............................................ 30 .............. 1.0
Bamforth........................................................ 25 .............. 0.8
Banks Lake...................................................... 6 .............. 0.2
Berkshire NFH................................................... .............. 365 12.6
Big Branch Marsh................................................ 38 .............. 1.3
Bitter Lake..................................................... 16 .............. 0.5
Black Bayou Lake................................................ .............. .............. ..............
Blackwater...................................................... .............. .............. ..............
Block Island.................................................... 67 .............. 2.2
Bogue Chitto.................................................... 75 .............. 2.5
Bombay Hook..................................................... 50 365 14.3
Bosque del Apache............................................... 1,472 .............. 49.0
Browns Park..................................................... 40 .............. 1.3
Buenos Aires.................................................... 100 .............. 3.3
Buffalo Lake.................................................... 12 .............. 0.4
Cabeza Prieta................................................... 1,505 .............. 50.1
Canaan Valley................................................... .............. 365 12.6
Carolina Sandhills.............................................. .............. .............. ..............
Catahoula....................................................... .............. .............. ..............
Cedar Island.................................................... 150 .............. 5.0
Cibola.......................................................... 800 .............. 26.6
Clarks River.................................................... 760 .............. 25.3
Cokeville Meadows............................................... 5 30 1.2
Coldwater River................................................. .............. .............. ..............
Crab Orchard.................................................... 21 .............. 0.7
Crescent Lake................................................... 200 600 27.4
Dahomey......................................................... 172 .............. 5.7
Deer Flat....................................................... .............. 120 4.2
Dwight D. Eisenhower NFH........................................ .............. 365 12.6
Edwin B. Forsythe............................................... .............. .............. ..............
Eufaula......................................................... 1 .............. ..............
Everglades Headwater............................................ 140 365 17.3
Fallon.......................................................... 3,883 .............. 129.2
Fish Springs.................................................... 21 .............. 0.7
Flint Hills..................................................... 50 .............. 1.7
Fort Niobrara................................................... 60 .............. 2.0
Great Meadows................................................... 178 .............. 5.9
Great River..................................................... 55 .............. 1.8
Hart Mountain................................................... 100 .............. 3.3
Horicon......................................................... 110 .............. 3.7
Hutton Lake..................................................... 100 .............. 3.3
Iroquois........................................................ 160 .............. 5.3
John W. and Louise Seier........................................ 200 .............. 6.7
John H. Chafee.................................................. 153 365 17.7
Jordan NFH...................................................... 17 .............. 0.6
Kirwin.......................................................... 245 .............. 8.2
Kootenai........................................................ .............. 50 1.7
LaCreek......................................................... 275 .............. 9.1
Laguna Atascosa................................................. 75 .............. 2.5
Lamar NFH....................................................... .............. 365 12.6
Leavenworth NFH................................................. .............. .............. ..............
Lee Metcalf..................................................... 60 .............. 2.0
Leslie Canyon................................................... 116 .............. 3.9
Little White Salmon NFH......................................... 50 .............. 1.7
[[Page 54097]]
Lower Rio Grande Valley......................................... 48 .............. 1.6
Marais des Cygnes............................................... 25 .............. 0.8
Mattamuskeet.................................................... 64 .............. 2.1
Merced.......................................................... 50 .............. 1.7
Middle Mississippi River........................................ 35 .............. 1.2
Minidoka........................................................ 100 .............. 3.3
Monte Vista..................................................... .............. .............. ..............
Montezuma....................................................... 211 .............. 7.0
Muscatatuck..................................................... 53 .............. 1.8
Nestucca Bay.................................................... 32 .............. 1.1
Ninigret........................................................ 46 .............. 1.5
North Platte.................................................... 27 .............. 0.9
Northern Tallgrass Prairie...................................... 82 7 3.0
Ottawa.......................................................... 20 .............. 0.7
Overflow........................................................ .............. .............. ..............
Oxbow........................................................... 207 .............. 6.9
Pahranagat...................................................... 99 .............. 3.3
Pathfinder...................................................... 20 .............. 0.7
Patoka River.................................................... 89 15 3.5
Quivira......................................................... 425 .............. 14.1
Rachel Carson................................................... .............. .............. ..............
Rydell.......................................................... 110 .............. 3.7
Sachuest Point.................................................. 30 .............. 1.0
San Diego Bay................................................... .............. 365 12.6
San Luis........................................................ 50 .............. 1.7
Savannah........................................................ 1,245 .............. 41.4
Seatuck......................................................... 90 .............. 3.0
Spring Creek NFH................................................ 20 .............. 0.7
St. Marks....................................................... 520 .............. 17.3
St. Vincent..................................................... 300 .............. 10.0
Stewart B. McKinney............................................. 262 .............. 8.7
Stillwater...................................................... 63 .............. 2.1
Swan River...................................................... 15 .............. 0.5
Swanquarter..................................................... 75 .............. 2.5
Tallahatchie.................................................... 172 .............. 5.7
Tennessee....................................................... 265 .............. 8.8
Tensas.......................................................... 9 .............. 0.3
Tishomingo...................................................... .............. 525 18.2
Trustom Pond.................................................... .............. .............. ..............
Turnbull........................................................ 120 .............. 4.0
Two Rivers...................................................... 162 .............. 5.4
Umbagog......................................................... .............. 365 12.6
Union Slough.................................................... 15 .............. 0.5
Valentine....................................................... 750 .............. 25.0
Wapato Lake..................................................... 2,304 .............. 76.7
Wertheim........................................................ 81 .............. 2.7
Willapa......................................................... 492 .............. 16.4
Willard NFH..................................................... .............. .............. ..............
-----------------------------------------------
Total....................................................... 20,628 5,074 862.1
----------------------------------------------------------------------------------------------------------------
To the extent visitors spend time and money in the area of the
station 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 2016 National Survey of Fishing, Hunting,
and Wildlife Associated Recreation to identify expenditures for food
and lodging, transportation, and other incidental expenses. Using the
average expenditures for these categories with the maximum expected
additional participation of the Refuge System and the Hatchery System
yields approximately $862,100 in recreation-related expenditures (see
Table 2, above). 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 (2.51) derived from the report ``Hunting in America: An
Economic Force for Conservation'' and for fishing activities (2.51)
derived from the report ``Sportfishing in America'' yields a total
maximum economic impact of approximately $3.4 million (2019 dollars)
(Southwick Associates, Inc., 2018). 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 will be ``new'' money coming into a local economy;
therefore, this spending
[[Page 54098]]
will be offset with a decrease in some other sector of the local
economy. The net gain to the local economies will be no more than $3.4
million, and likely less. Since 80 percent of the participants travel
less than 100 miles to engage in hunting and fishing activities, their
spending patterns will not add new money into the local economy and,
therefore, the real impact will be on the order of about $680,000
annually.
Small businesses within the retail trade industry (such as hotels,
gas stations, taxidermy shops, bait-and-tackle shops, and similar
businesses) may be affected by some increased or decreased station
visitation. A large percentage of these retail trade establishments in
the local communities around NWRs and NFHs qualify as small businesses
(see Table 3, below). 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 at
most $862,100 to be spent in total in the refuges' local economies. The
maximum increase will be less than four-tenths of 1 percent for local
retail trade spending (see Table 3, below). Table 3 does not include
entries for those NWRs and NFHs for which we project no changes in
recreation opportunities in 2020-2021; see Table 2, above.
Table 3--Comparative Expenditures for Retail Trade Associated With Additional Station Visitation for 2020-2021
[Thousands, 2019 dollars]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Estimated Establishments
Retail trade maximum Addition as Establishments in with fewer than
Station/county(ies) in 2012 \1\ addition from percent of 2012 \1\ 10 employees in
new activities total 2012 \1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
Alamosa:
Alamosa, CO................................................... $312,549 $3.5 <0.01 85 62
Conejos, CO................................................... 40,009 3.5 0.01 18 12
ARM Loxahatchee:
Palm Beach, FL................................................ 21,936,473 10.3 <0.01 5,236 3,925
Assabet River:
Middlesex, MA................................................. 23,767,638 6.5 <0.01 5,156 3,594
Balcones Canyonlands:
Travis, TX.................................................... 17,352,705 0.3 <0.01 3,469 2,432
Burnet, TX.................................................... 687,767 0.3 <0.01 182 148
Williamson, TX................................................ 9,559,523 0.3 <0.01 1,277 840
Bamforth:
Albany, WY.................................................... 533,993 0.8 <0.01 141 103
Banks Lake:
Lanier, GA.................................................... D 0.2 D 21 17
Berkshire NFH:
Berkshire, MA................................................. 2,134,074 12.6 <0.01 711 508
Big Branch Marsh:
St. Tammany, LA............................................... 3,953,819 1.3 <0.01 915 656
Bitter Lake:
Chaves, NM.................................................... 996,707 0.5 <0.01 233 153
Block Island:
Washington, RI................................................ 1,865,967 2.2 <0.01 548 394
Bogue Chitto:
St. Tammany, LA............................................... 3,953,819 0.8 <0.01 915 656
Washington, LA................................................ 330,750 0.8 <0.01 138 104
Pearl River, MS............................................... 531,519 0.8 <0.01 172 128
Bombay Hook:
Kent, DE...................................................... 2,996,217 14.3 <0.01 561 368
Bosque del Apache:
Socorro, NM................................................... 133,401 49.0 0.04 39 31
Browns Park:
Moffat, CO.................................................... 224,866 1.3 <0.01 72 58
Buenos Aires:
Pima, AZ...................................................... 12,668,688 3.3 <0.01 2,770 1,857
Buffalo Lake:
Randall, TX................................................... 2,009,993 0.4 <0.01 352 247
Cabeza Prieta:
Yuma, AZ...................................................... 2,222,557 25.0 <0.01 449 302
Pima, AZ...................................................... 12,668,688 25.0 <0.01 2,770 1,857
Canaan Valley:
Tucker, WV.................................................... 55,811 12.6 0.02 28 18
Cedar Island:
Carteret, NC.................................................. 1,083,228 5.0 <0.01 363 276
Cibola:
La Paz, AZ.................................................... 485,448 13.3 <0.01 81 57
Imperial, CA.................................................. 1,867,209 13.3 <0.01 446 297
Clarks River:
Marshall, KY.................................................. 436,873 8.4 <0.01 103 54
Graves, KY.................................................... 449,527 8.4 <0.01 123 90
McCracken, KY................................................. 1,824,502 8.4 <0.01 411 256
Cokeville Meadows:
[[Page 54099]]
Lincoln, WY................................................... 201,089 1.2 <0.01 79 54
Crab Orchard:
Williamson, IL................................................ 1,243,002 0.2 <0.01 271 185
Union, IL..................................................... 186,073 0.2 <0.01 64 47
Jackson, IL................................................... 1,122,791 0.2 <0.01 225 143
Crescent Lake:
Garden, NE.................................................... 13,232 27.4 0.21 12 8
Dahomey:
Bolivar, MS................................................... 413,290 5.7 <0.01 161 120
Deer Flat:
Canyon, ID.................................................... 2,393,412 2.1 <0.01 485 351
Malheur, OR................................................... 595,184 2.1 <0.01 120 78
Dwight D. Eisenhower NFH:
Rutland, VT................................................... 1,205,694 12.6 <0.01 411 303
Eufaula:
Quitman, GA................................................... 13,494 <0.1 <0.01 10 10
Stewart, GA................................................... 19,042 <0.1 <0.01 15 15
Barbour, AL................................................... 229,916 <0.1 <0.01 94 77
Russell, AL................................................... 556,440 <0.1 <0.01 155 120
Everglades Headwater:
Polk, FL...................................................... 7,232,622 8.7 <0.01 1,756 1,317
Okeechobee, FL................................................ 565,749 8.7 <0.01 157 120
Fallon:
Churchill, NV................................................. 261,819 129.2 0.05 69 50
Fish Springs:
Juab, UT...................................................... 127,530 0.7 <0.01 33 23
Flint Hills:
Coffey, KS.................................................... 123,995 0.8 <0.01 50 35
Lyon, KS...................................................... 549,988 0.8 <0.01 162 121
Fort Niobrara:
Cherry, NE.................................................... 97,237 2.0 <0.01 38 27
Great Meadows:
Middlesex, MA................................................. 23,767,638 5.9 <0.01 5,156 3,594
Great River:
Pike, IL...................................................... 194,031 0.6 <0.01 53 36
Clark, MO..................................................... 130,470 0.6 <0.01 36 28
Shelby, MO.................................................... 65,630 0.6 <0.01 35 25
Hart Mountain:
Lake, OR...................................................... 83,366 3.3 <0.01 30 22
Horicon:
Dodge, WI..................................................... 927,521 1.8 <0.01 234 159
Fond du Lac, WI............................................... 1,561,559 1.8 <0.01 354 225
Hutton Lake:
Albany, WY.................................................... 533,993 3.3 <0.01 141 103
Iroquois:
Genesee, NY................................................... 874,965 2.7 <0.01 219 163
Orleans, NY................................................... 281,049 2.7 <0.01 95 65
John W. and Louise Seier:
Rock, NE...................................................... 7,556 6.7 0.09 7 5
John H. Chafee:
Washington, RI................................................ 1,865,967 17.7 <0.01 548 394
Jordan River NFH:
Antrim, MI.................................................... 188,903 0.6 <0.01 88 77
Kirwin:
Phillips, KS.................................................. 57,317 8.2 0.01 35 27
Kootenai:
Boundary, ID.................................................. 111,427 1.7 <0.01 47 37
LaCreek:
Bennett, SD................................................... 36,017 9.1 0.03 15 9
Laguna Atascosa:
Cameron, TX................................................... 4,593,067 2.5 <0.01 1,119 758
Lamar NFH:
Clinton, PA................................................... 648,726 12.6 <0.01 121 82
Lee Metcalf:
Ravalli, MT................................................... 368,170 2.0 <0.01 166 124
Leslie Canyon:
Cochise, AZ................................................... 1,411,126 3.9 <0.01 408 301
[[Page 54100]]
Little White Salmon NFH:
Skamania, WA.................................................. 28,090 1.7 0.01 21 18
Lower Rio Grande Valley:
Willacy, TX................................................... 131,872 0.5 <0.01 32 24
Hildalgo, TX.................................................. 175,611 0.5 <0.01 26 20
Starr, TX..................................................... 484,809 0.5 <0.01 135 98
Marais des Cygnes:
Linn, KS...................................................... 59,571 0.8 <0.01 35 25
Mattamuskeet:
Hyde, NC...................................................... 33,868 2.1 0.01 36 35
Merced:
Merced, CA.................................................... 2,181,912 1.7 <0.01 528 348
Middle Mississippi River:
Monroe, IL.................................................... 536,378 0.4 <0.01 96 72
Randolph, IL.................................................. 415,738 0.4 <0.01 100 62
Jefferson, MO................................................. 435,265 0.4 <0.01 128 92
Minidoka:
Power, ID..................................................... 32,991 0.8 <0.01 16 13
Cassia, ID.................................................... 360,659 0.8 <0.01 116 89
Blaine, ID.................................................... 332,491 0.8 <0.01 183 153
Minidoka, ID.................................................. 175,875 0.8 <0.01 62 47
Montezuma:
Cayuga, NY.................................................... 973,987 2.3 <0.01 260 195
Seneca, NY.................................................... 545,489 2.3 <0.01 183 114
Wayne, NY..................................................... 915,984 2.3 <0.01 267 181
Muscatatuck:
Jackson, IN................................................... 660,019 0.9 <0.01 183 140
Jennings, IN.................................................. 219,265 0.9 <0.01 66 58
Nestucca Bay:
Lincoln, OR................................................... 646,693 1.1 <0.01 307 251
Ninigret:
Washington, RI................................................ 1,865,967 1.5 <0.01 548 394
North Platte:
Scotts Bluff, NE.............................................. D 0.9 D 178 128
Northern Tallgrass Prairie:
Pipestone, MN................................................. 150,875 1.0 <0.01 52 40
Pope, MN...................................................... 154,224 1.0 <0.01 41 32
Swift, MN..................................................... 104,292 1.0 <0.01 45 32
Ottawa:
Ottawa, OH.................................................... 476,239 0.7 <0.01 144 109
Oxbow:
Middlesex, MA................................................. 23,767,638 3.4 <0.01 5,156 3,594
Worcester, MA................................................. 12,155,780 3.4 <0.01 2,572 1,788
Pahranagat:
Lincoln, NV................................................... D 3.3 D 16 6
Pathfinder:
Natrona, WY................................................... 1,656,388 0.3 <0.01 363 262
Carbon, WY.................................................... 340,129 0.3 <0.01 86 73
Patoka River:
Pike, IN...................................................... 80,767 1.7 <0.01 31 23
Gibson, IN.................................................... 620,865 1.7 <0.01 120 84
Quivira:
Stafford, KS.................................................. 38,722 4.7 0.01 17 13
Rice, KS...................................................... 55,698 4.7 0.01 39 31
Reno, KS...................................................... 911,013 4.7 <0.01 265 194
Rydell:
Polk, MN...................................................... 369,241 3.7 <0.01 109 74
Sachuest Point:
Newport, RI................................................... 1,243,192 1.0 <0.01 430 332
San Diego Bay:
San Diego, CA................................................. 44,302,582 12.6 <0.01 9,219 6,314
San Luis:
Merced, CA.................................................... 2,181,912 1.7 <0.01 528 348
Savannah:
Chatham, GA................................................... 4,739,604 13.8 <0.01 1,198 851
Effingham, GA................................................. 399,251 13.8 <0.01 108 79
Jasper, SC.................................................... 640,060 13.8 <0.01 104 80
[[Page 54101]]
Seatuck:
Suffolk, NY................................................... 26,383,026 3.0 <0.01 6,524 3,904
Spring Creek NFH:
Skamania, WA.................................................. 28,090 0.3 <0.01 21 18
Klickitat, WA................................................. 71,785 0.3 <0.01 47 36
St. Marks:
Wakulla, FL................................................... 186,734 5.8 <0.01 62 49
Jefferson, FL................................................. 98,784 5.8 0.01 43 35
Taylor, FL.................................................... 230,580 5.8 <0.01 86 67
St. Vincent:
Franklin, FL.................................................. 108,995 10.0 0.01 67 52
Stewart B. McKinney:
Fairfield, CT................................................. 16,888,208 2.9 <0.01 3,459 2,453
New Haven, CT................................................. 12,880,670 2.9 <0.01 2,901 2,015
Middlesex, CT................................................. 2,452,586 2.9 <0.01 659 455
Stillwater:
Churchill, NV................................................. 261,819 2.1 <0.01 69 50
Swan River:
Lake, MT...................................................... 66,984 0.5 <0.01 30 23
Swanquarter:
Hyde, NC...................................................... 33,868 2.5 0.01 36 35
Tallahatchie:
Tallahatchie, MS.............................................. 60,260 2.9 <0.01 40 36
Grenada, MS................................................... 462,248 2.9 <0.01 120 90
Tennessee:
Henry, TN..................................................... 545,041 2.2 <0.01 139 98
Benton, TN.................................................... 167,976 2.2 <0.01 59 47
Decator, TN................................................... 85,132 2.2 <0.01 45 35
Hunphreys, TN................................................. 206,806 2.2 <0.01 65 54
Tensas:
Madison, LA................................................... 176,886 0.1 <0.01 38 27
Richland, LA.................................................. 278,783 0.1 <0.01 65 49
Franklin, LA.................................................. 279,412 0.1 <0.01 78 55
Tensas, LA.................................................... 30,800 0.1 <0.01 15 14
Tishomingo:
Johnston, OK.................................................. 68,010 9.1 0.01 35 31
Marshall, OK.................................................. 177,989 9.1 0.01 53 42
Turnbull:
Spokane, WA................................................... 7,305,612 4.0 <0.01 1,617 1,108
Two Rivers:
Jersey, IL.................................................... 256,816 1.3 <0.01 69 49
Calhoun, IL................................................... 30,438 1.3 <0.01 15 9
Greene, IL.................................................... 139,806 1.3 <0.01 49 32
St. Charlies, MO.............................................. 5,536,064 1.3 <0.01 1,085 695
Umbagog:
Oxford, ME.................................................... 680,802 6.3 <0.01 222 163
Coos, NH...................................................... 630,944 6.3 <0.01 184 143
Union Slough:
Kossuth, IA................................................... 274,837 0.5 <0.01 93 69
Valentine:
Cherry, NE.................................................... 97,237 25.0 0.03 38 27
Wapato Lake:
Washington, OR................................................ 9,342,147 38.3 <0.01 1,573 1,002
Yamhill, OR................................................... 987,290 38.3 <0.01 283 201
Wertheim:
Suffolk, NY................................................... 26,383,026 2.7 <0.01 6,524 3,904
Willapa:
Pacific, WA................................................... 120,098 16.4 0.01 89 68
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ U.S. Census Bureau. ``D'' denotes sample size too small to report data.
With the small change in overall spending stemming 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
stations. Therefore, we certify that this final 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.).
A regulatory flexibility analysis is not required.
[[Page 54102]]
Accordingly, a small entity compliance guide is not required.
Small Business Regulatory Enforcement Fairness Act
This final rule is not a major rule under 5 U.S.C. 804(2), the
Small Business Regulatory Enforcement Fairness Act. We anticipate no
significant employment or small business effects. This rule:
a. Will not have an annual effect on the economy of $100 million or
more. The minimal impact will be scattered across the country and will
most likely not be significant in any local area.
b. Will not cause a major increase in costs or prices for
consumers; individual industries; Federal, State, or local government
agencies; or geographic regions. This final 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
U.S.-based enterprises to compete with foreign-based enterprises. This
rule represents only a small proportion of recreational spending at
NWRs. Therefore, this final 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 final rule does 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 final rule affects only visitors at NWRs and
NFHs, and describes what they can do while they are on a Service
station.
Federalism (E.O. 13132)
As discussed under Regulatory Planning and Review and Unfunded
Mandates Reform Act, 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 Department of the Interior has
determined that this 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.
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 final rule adds 8 NWRs and 41
limited-easement NWRs to the list of refuges open to hunting and sport
fishing, opens or expands hunting or sport fishing at 89 other NWRs,
and opens 9 NFHs to hunting and/or sport fishing, it is not a
significant regulatory action under E.O. 12866, and we do not expect it
to significantly affect energy supplies, distribution, or use.
Therefore, this action is 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 NWRs and NFHs with
Tribal governments having adjoining or overlapping jurisdiction before
we finalize the regulations.
Paperwork Reduction Act (PRA)
This final rule does not contain any new collections of information
that require approval by the Office of Management and Budget (OMB). All
information collections require approval under the Paperwork Reduction
Act of 1995 (44 U.S.C. 3501 et seq.). We may not conduct or sponsor and
you are not required to respond to a collection of information unless
it displays a currently valid OMB control number. The OMB has reviewed
and approved the information collection requirements associated with
hunting and sport fishing activities across the National Wildlife
Refuge System and assigned the following OMB control numbers:
1018-0140, ``Hunting and Sport Fishing Application Forms
and Activity Reports for National Wildlife Refuges, 50 CFR 25.41,
25.43, 25.51, 26.32, 26.33, 27.42, 30.11, 31.15, 32.1 to 32.72''
(Expires 07/30/2021),
1018-0102, ``National Wildlife Refuge Special Use Permit
Applications and Reports, 50 CFR 25, 26, 27, 29, 30, 31, 32, & 36''
(Expires 08/31/2020),
1018-0135, ``Electronic Federal Duck Stamp Program''
(Expires 01/31/2023),
1018-0093, ``Federal Fish and Wildlife Permit Applications
and Reports--Management Authority; 50 CFR 13, 15, 16, 17, 18, 22, 23''
(Expires 08/31/2020), and
1024-0252, ``The Interagency Access Pass and Senior Pass
Application Processes'' (Expires 08/31/2020).
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 CCPs and step-down
management plans--which would include hunting and/or fishing plans--for
public use of refuges and hatcheries, and prior to implementing any new
or revised public recreation program on a station as identified in 50
CFR 26.32. We have completed section 7 consultation on each of the
affected stations.
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 amendments to station-specific hunting and fishing
regulations because 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 station's
regulatory changes. This is consistent with the Department of the
Interior instructions
[[Page 54103]]
for compliance with NEPA where actions are covered sufficiently by an
earlier environmental document (43 CFR 46.120).
Prior to the addition of a refuge or hatchery to the list of areas
open to hunting and fishing in 50 CFR parts 32 and 71, we develop
hunting and fishing plans for the affected stations. We incorporate
these proposed station hunting and fishing activities in the station
CCP 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, the Council on Environmental Quality's
regulations for implementing NEPA in 40 CFR parts 1500 through 1508,
and the Department of Interior's NEPA regulations 43 CFR part 46. We
invited 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 stations at the addresses provided
below.
Available Information for Specific Stations
Individual refuge and hatchery headquarters have information about
public use programs and conditions that apply to their specific
programs and maps of their respective areas. We have also created the
following website to house all NEPA documents for the openings and
expansions in this rule from each refuge: https://www.fws.gov/refuges/hunting/rules-regulations-and-improved-access/. To find out how to
contact a specific refuge or hatchery, contact the appropriate Service
office for the States listed below:
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.
Arizona, New Mexico, Oklahoma, and Texas. Regional Chief, National
Wildlife Refuge System, U.S. Fish and Wildlife Service, P.O. Box 1306,
500 Gold Avenue SW, Albuquerque, NM 87103; Telephone (505) 248-6937.
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 55437-1458; Telephone (612) 713-5360.
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.
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) 253-8307.
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.
Alaska. Regional Chief, National Wildlife Refuge System, U.S. Fish and
Wildlife Service, 1011 E. Tudor Rd., Anchorage, AK 99503; Telephone
(907) 786-3545.
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
Katherine Harrigan, Division of Natural Resources and Conservation
Planning, National Wildlife Refuge System, is the primary author of
this rulemaking document.
List of Subjects
50 CFR Part 32
Fishing, Hunting, Reporting and recordkeeping requirements,
Wildlife, Wildlife refuges.
50 CFR Part 36
Alaska, Recreation and recreation areas, Reporting and
recordkeeping requirements, Wildlife refuges.
50 CFR Part 71
Fish, Fishing, Hunting, Wildlife.
Regulation Promulgation
For the reasons set forth in the preamble, we amend title 50,
chapter I, subchapters C and E of the Code of Federal Regulations as
follows:
Subchapter C--The National Wildlife Refuge System
PART 32--HUNTING AND FISHING
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; Pub. L. 115-20, 131 Stat. 86.
0
2. Amend Sec. 32.7 by:
0
a. Redesignating paragraph (c)(8) as paragraph (c)(9) and adding a new
paragraph (c)(8);
0
b. Redesignating paragraphs (e)(17) through (22) as paragraphs (e)(18)
through (23) and adding a new paragraph (e)(17);
0
c. Redesignating paragraphs (i)(5) through (14) as paragraphs (i)(6)
through (15) and adding a new paragraph (i)(5);
0
d. Redesignating paragraphs (aa)(4) through (6) as paragraphs (aa)(5)
through (7) and adding a new paragraph (aa)(4);
0
e. Redesignating paragraphs (bb)(3) through (6) as paragraphs (bb)(4)
through (7) and adding a new paragraph (bb)(3);
0
f. Revising paragraph (hh);
0
g. Redesignating paragraph (kk)(20) as paragraph (kk)(21) and adding a
new paragraph (kk)(20);
0
h. Redesignating paragraphs (mm)(2) through (4) as paragraphs (mm)(3)
through (5) and adding a new paragraph (mm)(2); and
0
i. Redesignating paragraphs (xx)(1) through (5) as paragraphs (xx)(2)
through (6) and adding a new paragraph (xx)(1).
The additions and revision read as follows:
Sec. 32.7 What refuge units are open to hunting and/or sport
fishing?
* * * * *
(c) * * *
(8) Leslie Canyon National Wildlife Refuge.
* * * * *
(e) * * *
(17) San Diego Bay National Wildlife Refuge.
* * * * *
(i) * * *
(5) Everglades Headwaters National Wildlife Refuge.
* * * * *
(aa) * * *
(4) John W. and Louise Seier National Wildlife Refuge.
* * * * *
(bb) * * *
(3) Fallon National Wildlife Refuge.
* * * * *
(hh) North Dakota. (1) Appert Lake National Wildlife Refuge.
[[Page 54104]]
(2) Ardoch National Wildlife Refuge.
(3) Arrowwood National Wildlife Refuge.
(4) Arrowwood Wetland Management District.
(5) Audubon National Wildlife Refuge.
(6) Audubon Wetland Management District.
(7) Bone Hill National Wildlife Refuge.
(8) Brumba National Wildlife Refuge.
(9) Buffalo Lake National Wildlife Refuge.
(10) Camp Lake National Wildlife Refuge.
(11) Canefield Lake National Wildlife Refuge.
(12) Chase Lake National Wildlife Refuge.
(13) Chase Lake Wetland Management District.
(14) Cottonwood Lake National Wildlife Refuge.
(15) Crosby Wetland Management District.
(16) Dakota Lake National Wildlife Refuge.
(17) Des Lacs National Wildlife Refuge.
(18) Devils Lake Wetland Management District.
(19) Half Way Lake National Wildlife Refuge.
(20) Hiddenwood Lake National Wildlife Refuge.
(21) Hobart Lake National Wildlife Refuge.
(22) Hutchinson Lake National Wildlife Refuge.
(23) J. Clark Salyer National Wildlife Refuge.
(24) J. Clark Salyer Wetland Management District.
(25) Johnson Lake National Wildlife Refuge.
(26) Kulm Wetland Management District.
(27) Lake Alice National Wildlife Refuge.
(28) Lake George National Wildlife Refuge.
(29) Lake Ilo National Wildlife Refuge.
(30) Lake National Wildlife Refuge.
(31) Lake Nettie National Wildlife Refuge.
(32) Lake Otis National Wildlife Refuge.
(33) Lake Patricia National Wildlife Refuge.
(34) Lake Zahl National Wildlife Refuge.
(35) Lambs Lake National Wildlife Refuge.
(36) Little Goose Lake National Wildlife Refuge.
(37) Long Lake National Wildlife Refuge.
(38) Long Lake Wetland Management District.
(39) Lords Lake National Wildlife Refuge.
(40) Lost Lake National Wildlife Refuge.
(41) Lostwood National Wildlife Refuge.
(42) Lostwood Wetland Management District.
(43) Maple River National Wildlife Refuge.
(44) Pleasant Lake National Wildlife Refuge.
(45) Pretty Rock National Wildlife Refuge.
(46) Rabb Lake National Wildlife Refuge.
(47) Rock Lake National Wildlife Refuge.
(48) Rose Lake National Wildlife Refuge.
(49) School Section National Wildlife Refuge.
(50) Sheyenne Lake National Wildlife Refuge.
(51) Sibley Lake National Wildlife Refuge.
(52) Silver Lake National Wildlife Refuge.
(53) Slade National Wildlife Refuge.
(54) Snyder Lake National Wildlife Refuge.
(55) Springwater National Wildlife Refuge.
(56) Stewart Lake National Wildlife Refuge.
(57) Stoney Slough National Wildlife Refuge.
(58) Storm Lake National Wildlife Refuge.
(59) Sunburst Lake National Wildlife Refuge.
(60) Tewaukon National Wildlife Refuge.
(61) Tewaukon Wetland Management District.
(62) Tomahawk National Wildlife Refuge.
(63) Upper Souris National Wildlife Refuge.
(64) Wild Rice National Wildlife Refuge.
(65) Willow Lake National Wildlife Refuge.
(66) Wintering River National Wildlife Refuge.
(67) Wood Lake National Wildlife Refuge.
* * * * *
(kk) * * *
(20) Wapato Lake National Wildlife Refuge.
* * * * *
(mm) * * *
(2) John H. Chafee National Wildlife Refuge.
* * * * *
(xx) * * *
(1) Bamforth National Wildlife Refuge.
* * * * *
0
3. Amend Sec. 32.22 by:
0
a. Revising paragraphs (b), (c), (d)(1) introductory text, (d)(1)(i),
(d)(1)(iv), (d)(2)(i) and (ii), (d)(3), and (d)(4);
0
b. Redesignating paragraph (h) as paragraph (i); and
0
c. Adding a new paragraph (h).
The revisions and addition read as follows:
Sec. 32.22 Arizona.
* * * * *
(b)Buenos Aires National Wildlife Refuge--(1) Migratory game bird
hunting.We allow hunting of goose, duck, coot, merganser, moorhen
(gallinule), common snipe, and mourning, white-winged, and Eurasian
collared-dove on designated areas of the refuge subject to the
following conditions:
(i) We allow portable or temporary blinds and stands, but you must
remove them at the end of each day's hunt (see Sec. 27.93 of this
chapter).
(ii) We prohibit falconry.
(iii) We allow dogs only for the retrieval of birds.
(2)Upland game hunting.We allow hunting of black-tailed and
antelope jackrabbit; cottontail rabbit; badger; bobcat; coati; kit and
gray fox; raccoon; ringtail; coyote; and hog-nosed, hooded, spotted,
and striped skunk on designated areas of the refuge subject to the
following conditions:
(i) The conditions set forth at paragraphs (b)(1)(i) through (iii)
of this section apply.
(ii) We prohibit night hunting from \1/2\ hour after legal sunset
until \1/2\ hour before legal sunrise the following day.
(3)Big game hunting.We allow hunting of mule and white-tailed deer,
javelina, mountain lion, and feral hog on designated areas of the
refuge subject to the following conditions:
(i) The conditions set forth at paragraphs (b)(1)(i) and (b)(2)(ii)
of this section apply.
(ii) We prohibit the use of dogs when hunting big game.
(4) [Reserved]
(c)Cabeza Prieta National Wildlife Refuge--(1) Migratory game bird
hunting. We allow hunting of mourning dove on designated areas of the
refuge subject to the following conditions:
(i) We require hunters to obtain a Barry M. Goldwater Range Entry
Permit (Department of Defense form/requirement) from the refuge.
(ii) We prohibit falconry.
(iii) We allow dogs only for the pointing and retrieval of birds.
(iv) We allow hunting only during the late season dove hunt.
(2) Upland game hunting. We allow hunting of Gambel's quail,
Eurasian
[[Page 54105]]
collared-dove, desert cottontail rabbit, antelope and black-tailed
jackrabbit, coyote, bobcat, and fox in designated areas of the refuge
subject to the following conditions:
(i) The conditions set forth at paragraphs (c)(1)(i) through (iii)
of this section apply.
(ii) We do not allow wheeled carts in designated Wilderness.
(iii) We prohibit night hunting from \1/2\ hour after legal sunset
until \1/2\ hour before legal sunrise the following day.
(3)Big game hunting.We allow hunting of desert bighorn sheep, mule
deer, and mountain lion on designated areas of the refuge subject to
the following conditions:
(i) The conditions set forth at paragraphs (c)(1)(i) and (c)(2)(ii)
of this section apply.
(ii) We require Special Use Permits for all hunters (FWS Form 3-
1383-G), guides (FWS Form 3-1383-C), and stock animals (FWS Form 3-
1383-G).
(iii) We prohibit the use of dogs when hunting big game.
(4) [Reserved]
(d) * * *
(1)Migratory game bird hunting.We allow hunting of goose, duck,
coot, moorhen (gallinule), common snipe, mourning and white-winged
dove, and Eurasian collared-dove on designated areas of the refuge
subject to the following conditions:
(i) We allow only shotgun and archery.
* * * * *
(iv) The Hart Mine Marsh area is open to entry from 10 a.m. to 3
p.m. from October 1 through March 14.
* * * * *
(2) * * *
(i) For cottontail rabbit, we allow only shotgun, archery, handgun,
rifle, and muzzleloader.
(ii) For quail, we allow only shotgun, archery, and handgun
shooting shot.
* * * * *
(3) Big game hunting. We allow hunting of mule deer on designated
areas of the refuge subject to the following condition: We allow rifle,
shotgun, handgun, muzzleloader, and archery, except for archery-only
hunts.
(4) Sport fishing. We allow sport fishing and frogging subject to
the following condition: Cibola Lake is open to fishing and frogging
from March 15 through September 30.
* * * * *
(h) Leslie Canyon National Wildlife Refuge--(1) Migratory game bird
hunting. We allow hunting of mourning, white-winged, and Eurasian
collared-dove on designated areas of the refuge subject to the
following conditions:
(i) We prohibit falconry.
(ii) We prohibit the use of dogs.
(iii) We prohibit pneumatic weapons.
(2) Upland game hunting. We allow hunting of Gambel's and scaled
quail; cottontail; black-tailed jackrabbit; gray fox; coati; badger;
striped, hooded, spotted, and hog-nosed skunk; bobcat; raccoon; ring-
tailed cat; and coyote on designated areas of the refuge subject to the
following conditions:
(i) The conditions set forth at paragraphs (h)(1)(i) through (iii)
of this section apply.
(ii) We prohibit night hunting.
(iii) We will allow hunting of these upland game species only when
the State season dates overlap with a general or archery State deer
and/or javelina hunt season.
(3) Big game hunting. We allow hunting of mule deer, white-tailed
deer, javelina, and black bear on designated areas of the refuge
subject to the following conditions:
(i) The conditions set forth at paragraphs (h)(2)(i) and (ii) of
this section apply.
(ii) We will allow hunting of black bear only when the State season
dates overlap with a general or archery State deer and/or javelina hunt
season.
(4) [Reserved]
* * * * *
0
4. Amend Sec. 32.23 by revising paragraphs (d)(1) introductory text,
(d)(1)(ii), (v), and (vii), and (g)(1) introductory text to read as
follows:
Sec. 32.23 Arkansas.
* * * * *
(d) * * *
(1) Migratory game bird hunting. We allow hunting of waterfowl
(ducks, mergansers, and coots) on designated areas of the refuge
subject to the following conditions:
* * * * *
(ii) We allow waterfowl hunting from legal shooting hours until 12
p.m. (noon).
* * * * *
(v) Waterfowl hunters may enter the North Unit, Jack's Bay Hunt
Area, and Levee Hunt Area no earlier than 4 a.m.
* * * * *
(vii) We allow waterfowl hunting on outlying tracts; paragraph
(d)(1)(v) of this section applies.
* * * * *
(g) * * *
(1) Migratory game bird hunting. We allow hunting of American
woodcock, duck, goose, and coot on designated areas of the refuge
subject to the following conditions:
* * * * *
0
5. Amend Sec. 32.24 by:
0
a. Revising paragraphs (l)(1) introductory text, (m)(1)(viii), and
(m)(2)(i);
0
b. Redesignating paragraphs (q) through (v) as paragraphs (r) through
(w);
0
c. Adding a new paragraph (q); and
0
d. Revising newly redesignated paragraphs (r)(1)(vii), (s)(2)(ii), and
(v)(2)(ii).
The revisions and addition read as follows:
Sec. 32.24 California.
* * * * *
(l) * * *
(1) Migratory game bird hunting. We allow hunting of goose, duck,
coot, snipe, and moorhen on designated areas of the refuge subject to
the following conditions:
* * * * *
(m) * * *
(1) * * *
(viii) Hunters must enter and exit the hunting area from the three
designated hunt parking lots, which we open 1\1/2\ hours before legal
sunrise and close 1 hour after legal sunset each hunt day.
* * * * *
(2) * * *
(i) We limit hunting to junior hunters possessing a valid State
Junior Hunting License and refuge Junior Pheasant Hunt Permit (FWS Form
3-2439, Hunt Application--National Wildlife Refuge System).
* * * * *
(q) San Diego Bay National Wildlife Refuge. (1)-(3) [Reserved]
(4) Sport fishing. We allow sport fishing from boats and other
flotation devices on designated areas of the refuge subject to the
following condition: We prohibit shoreline fishing.
(r) * * *
(1) * * *
(vii) We prohibit the use of motorized boats and other flotation
devices in the free-roam units with the exception of the Freitas Unit.
* * * * *
(s) * * *
(2) * * *
(ii) The conditions set forth at paragraphs (s)(1)(ii) and (iii) of
this section apply.
* * * * *
(v) * * *
(2) * * *
(ii) The conditions set forth at paragraphs (v)(1)(i) through
(viii) of this section apply.
* * * * *
0
6. Amend Sec. 32.25 by revising paragraph (a)(2), adding paragraph
[[Page 54106]]
(a)(4), and revising paragraphs (d)(3) and (e)(2) to read as follows:
Sec. 32.25 Colorado.
* * * * *
(a) * * *
(2) Upland game hunting. We allow hunting of cottontail rabbit, and
black-tailed and white-tailed jackrabbit, on designated areas of the
refuge subject to the following condition: The only acceptable methods
of take are shotgun, rifle firing rimfire cartridges less than .23
caliber, hand-held bow, pellet gun, slingshot, and hawking/falconry.
* * * * *
(4) Sport fishing. We allow sport fishing on designated areas of
the refuge subject to the following condition: We prohibit launching or
removing any type of watercraft from the refuge on the Rio Grande or
Chicago Ditch.
* * * * *
(d) * * *
(3) Big game hunting. We allow hunting of pronghorn antelope,
moose, mule deer, and elk on designated areas of the refuge.
* * * * *
(e) * * *
(2) Upland game hunting. We allow hunting of cottontail rabbit, and
black-tailed and white-tailed jackrabbit, on designated areas of the
refuge subject to the following condition: The only acceptable methods
of take are shotgun, rifle firing rimfire cartridges less than .23
caliber, hand-held bow, pellet gun, slingshot, and hawking/falconry.
* * * * *
0
7. Revise Sec. 32.26 to read as follows:
Sec. 32.26 Connecticut.
The following refuge units are open for hunting and/or fishing as
governed by applicable Federal and State regulations, and are listed in
alphabetical order with additional refuge-specific regulations.
(a) Silvio O. Conte National Fish and Wildlife Refuge--(1)
Migratory game bird hunting. We allow hunting of migratory game birds
on designated areas of the refuge subject to the following conditions:
(i) We allow refuge access 1\1/2\ hours prior to legal sunrise
until 1\1/2\ hours after legal sunset.
(ii) We allow the use of dogs consistent with State regulations.
(2) Upland game hunting. We allow hunting of upland game on
designated areas of the refuge subject to the following condition: The
conditions set forth at paragraphs (a)(1)(i) and (ii) of this section
apply.
(3) Big game hunting. We allow hunting of big game on designated
areas of the refuge subject to the following condition: The conditions
set forth at paragraphs (a)(1)(i) and (ii) of this section apply.
(4) Sport fishing. We allow sport fishing on designated areas of
the refuge subject to the following conditions:
(i) The condition set forth at paragraph (a)(1)(i) of this section
applies.
(ii) We prohibit launching of motorboats from the refuge.
(iii) We prohibit the use of reptiles and amphibians as bait.
(b) Stewart B. McKinney National Wildlife Refuge--(1) Migratory
game bird hunting. We allow hunting of duck, coot, merganser, brant,
sea duck, and goose on designated areas of the refuge subject to the
following conditions:
(i) For the Great Meadows unit, we will limit hunt days to
Tuesdays, Wednesdays, and Saturdays during the regular duck, sea duck,
and brant seasons.
(ii) We allow the use of dogs consistent with State regulations.
(iii) We allow the use of temporary tree stands and blinds, which
must be removed at the end of each day's hunt (see Sec. 27.93 of this
chapter).
(2) [Reserved]
(3) Big game hunting. We allow archery hunting of white-tailed deer
and wild turkey on designated areas of the refuge subject to the
following condition: The condition set forth at paragraph (b)(1)(iii)
of this section applies.
(4) [Reserved]
0
8. Revise Sec. 32.27 to read as follows:
Sec. 32.27 Delaware.
The following refuge units are open for hunting and/or fishing as
governed by applicable Federal and State regulations and are listed in
alphabetical order with additional refuge-specific regulations.
(a) Bombay Hook National Wildlife Refuge--(1) Migratory game bird
hunting. We allow hunting of migratory game birds on designated areas
of the refuge subject to the following conditions:
(i) We require a refuge permit (FWS Form 3-2439, Hunt Application--
National Wildlife Refuge System) for waterfowl hunting.
(ii) You must complete and return a Migratory Bird Hunt Report (FWS
Form 3-2361), available at the refuge administration office or on the
refuge's website, within 15 days of the close of the season.
(iii) We allow the use of dogs consistent with State regulations.
(2) Upland game hunting. We allow hunting of grey squirrel,
cottontail rabbit, ring-necked pheasant, bobwhite quail, raccoon,
opossum, coyote, and red fox on designated areas of the refuge subject
to the following condition: The condition set forth at paragraph
(a)(1)(iii) of this section applies.
(3) Big game hunting. We allow hunting of turkey and deer on
designated areas of the refuge subject to the following conditions:
(i) We require a refuge permit (FWS Form 3-2439, Hunt Application--
National Wildlife Refuge System).
(ii) Hunting on the headquarters deer hunt area will be by lottery.
You must obtain and possess a refuge permit (FWS Form 3-2439, Hunt
Application--National Wildlife Refuge System) from the refuge office or
website and have the permit in your possession while hunting.
(4) Sport fishing. We allow sport fishing on designated areas of
the refuge subject to the following condition: We prohibit the use of
lead fishing tackle on the refuge.
(b) Prime Hook National Wildlife Refuge--(1) Migratory game bird
hunting. We allow the hunting of waterfowl, coot, mourning dove, snipe,
and woodcock on designated areas of the refuge subject to the following
conditions:
(i) You must obtain and possess a refuge permit (FWS Form 3-2439,
Hunt Application--National Wildlife Refuge System) from the refuge
office or website and have the permit in your possession while hunting.
(ii) You must complete and return a Migratory Bird Hunt Report (FWS
Form 3-2361), available at the refuge administration office or on the
refuge's website, within 15 days of the close of the season.
(iii) We allow State certified hunters with disabilities hunting
privileges in the Disabled Waterfowl Draw Area subject to the following
condition: We do not allow assistants to enter a designated disabled
hunting area unless they are accompanied by a certified disabled
hunter.
(iv) We allow the use of dogs consistent with State regulations.
(2) Upland game hunting. We allow hunting of rabbit, quail,
pheasant, and red fox on designated areas of the refuge subject to the
following condition: The conditions set forth at paragraphs (b)(1)(i)
and (iv) of this section apply.
(3) Big game hunting. We allow hunting of white-tailed deer and
turkey on designated areas of the refuge subject to the following
conditions:
(i) We prohibit organized deer drives. We define a ``deer drive''
as an organized or planned effort to pursue, drive, chase, or otherwise
frighten or
[[Page 54107]]
cause deer to move in the direction of any person(s) who is part of the
organized or planned hunt and known to be waiting for the deer.
(ii) Hunting on the headquarters deer hunt area will be by lottery.
(iii) The condition set forth at paragraph (b)(1)(i) of this
section applies.
(4) Sport fishing. We allow sport fishing and crabbing on
designated areas of the refuge subject to the following conditions:
(i) On Turkle and Fleetwood ponds, we allow boats only with
electric trolling motors.
(ii) You must attend all crabbing and fishing gear at all times.
(iii) You must remove all personal property at the end of each
day's fishing activity (see Sec. Sec. 27.93 and 27.94 of this
chapter).
0
9. Amend Sec. 32.28 by:
0
a. Revising paragraph (a);
0
b. Redesignating paragraphs (e) through (n) as paragraphs (f) through
(o);
0
c. Adding a new paragraph (e);
0
d. Revising newly redesignated paragraphs (i)(2)(i) and (i)(3)(i);
0
e. In newly redesignated paragraph (j):
0
i. Revising paragraphs (j)(1)(ii) and (x);
0
ii. Adding paragraph (j)(1)(xi);
0
iii. Revising paragraphs (j)(3)(iv) through (viii) and (x);
0
iv. Removing paragraph (j)(3)(xiv);
0
v. Redesignating paragraphs (j)(3)(xv) through (xix) as paragraphs
(j)(3)(xiv) through (xviii);
0
vi. Revising newly redesignated paragraphs (j)(3)(xv) and
(j)(3)(xviii); and
0
f. Revising newly redesignated paragraphs (m)(2)(iii) and (vii), (m)(3)
introductory text, (m)(3)(i), (ii), (iv), (viii) and (ix), and
(n)(3)(vii).
The revisions and additions read as follows:
Sec. 32.28 Florida.
* * * * *
(a) Arthur R. Marshall Loxahatchee National Wildlife Refuge--(1)
Migratory game bird hunting. We allow hunting of duck and coot on
designated areas of the refuge subject to the following conditions:
(i) You must possess and carry a signed current refuge hunt permit
(signed brochure) while hunting. You must have on your person all
applicable licenses and permits.
(ii) We prohibit hunting from all refuge structures, canals, and
levees; within \1/2\ mile of canoe trails, campsites, and boat ramps;
and in areas posted as closed. We allow motorized vessels in the
Motorized Zone, south of latitude line 26[deg]27.130. We allow
nonmotorized vessels in the Refuge Interior. We allow only one
motorized vessel per party.
(iii) Hunters may only enter and leave the refuge at designated
entrances.
(iv) We allow only temporary blinds of native vegetation.
(v) Hunters must remove decoys and other personal property from the
hunting area at the end of each day's hunt (see Sec. 27.93 of this
chapter).
(vi) Hunters may only use boats equipped with factory-manufactured,
water-cooled outboard motors; boats with electric motors; and
nonmotorized boats. We prohibit boats with air-cooled engines, fan
boats, hovercraft, and personal watercraft (jet skis, jet boats, wave
runners, etc.). We allow airboats by permit only (Special Use Permit
(FWS Form 3-1383-G)). We will issue airboat permits through a separate
lottery. There is a 35 miles per hour (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.
(vii) Hunters operating boats in the Refuge Interior, outside of
the perimeter canal, are required to display a 10-inches by 12-inches
(25-centimeters by 30-centimeters) orange flag 10 feet (3 meters) above
the vessel's waterline.
(viii) We will allow the use of airboats for a limited number of
duck and coot hunters by permit (Special Use Permit (FWS Form 3-1383-
G)) during Phase 2 of the State duck and coot season only. We will
issue airboat permits through a separate lottery. Contact the Refuge
headquarters for airboat permitting information.
(ix) Motorized vessels used while hunting must be stopped and shut
off for 15 minutes prior to shooting. Permitted motorized vessels must
be in place 1 hour before legal sunrise and not move until 1 hour after
legal sunrise.
(x) All hunters must leave the hunt area once their bag/tag limit
has been reached.
(xi) We prohibit unrestricted airboat travel not associated with
hunting.
(xii) All hunters younger than age 18 must be supervised by a
licensed and permitted adult age 21 or older, and must remain with the
adult while hunting. Hunters younger than age 18 must have completed a
hunter education course.
(xiii) No entry and/or limited activity buffer zones or closures
may be created to protect endangered or threatened species and other
species.
(xiv) Licenses, permits, equipment, and effects and vehicles,
vessels, and other conveyances are subject to inspection by law
enforcement officers.
(2) [Reserved]
(3) Big game hunting. We allow hunting of alligator, white-tailed
deer, and feral hog on designated areas of the refuge subject to the
following conditions:
(i) The conditions set forth at paragraphs (a)(1)(i) and (iii), (v)
through (vii), and (x) and (xi) of this section apply.
(ii) We prohibit hunting from all refuge structures and levees;
within \1/2\ mile of canoe trails, campsites, and boat ramps; and in
areas posted as closed. We allow motorized vessels in the Motorized
Zone, south of latitude line 26[deg]27.130. We allow alligator hunting
in the Motorized Zone and perimeter canal south of latitude line
26[deg]27.130. We allow nonmotorized vessels in the Refuge Interior. We
allow only one motorized vessel per party.
(iii) We allow alligator hunting on the refuge 1 hour before legal
sunset on Friday night through 1 hour after legal sunrise Saturday
morning, and 1 hour before legal sunset on Saturday night through 1
hour after legal sunrise Sunday morning. We allow alligator hunting the
first two weekends during Harvest Period 1 (August) and the first two
weekends during Harvest Period 2 (September). Following the close of
Harvest Period 2, the remaining weekends in October will be open for
alligator harvest permittees who possess unused CITES tags (OMB Control
No. 1018-0093). Specific dates for the alligator hunt are on the
harvest permit issued by the State.
(iv) Alligator hunters age 18 and older must be in possession of
all necessary State and Federal licenses, permits, and CITES tags, as
well as a signed refuge hunt permit (signed brochure) while hunting on
the refuge. They must possess an Alligator Trapping License with CITES
tag or an Alligator Trapping Agent License (State-issued), if
applicable.
(v) Persons younger than age 18 may not hunt but may only accompany
an adult age 21 or older who possesses an Alligator Trapping Agent
License (State-issued).
(vi) You may take alligators using hand-held snare, harpoon, gig,
snatch hook, artificial lure, manually operated spear, spear gun, or
crossbow. We prohibit the taking of alligators using baited hook,
baited wooden peg, or firearm. We allow the use of bang sticks (a hand-
held pole with a pistol or shotgun cartridge on the end in a very short
barrel) with approved nontoxic ammunition (see Sec. 32.2(k)) only for
taking alligators attached to a restraining line. Once an alligator is
captured, it must be killed immediately. We prohibit catch-and-release
of alligators. Once the
[[Page 54108]]
alligator is dead, you must lock a CITES tag through the skin of the
carcass within 6 inches (15.2 centimeters) of the tip of the tail. The
tag must remain attached to the alligator at all times.
(vii) We allow the use of airboats for a limited number of
alligator hunters by permit (Special Use Permit (FWS Form 3-1383-G)).
Airboat permits will be issued through a separate lottery. Contact the
refuge headquarters for airboat permitting information.
(viii) Alligators must remain in whole condition while on refuge
lands.
(ix) We allow a limited quota permit for the taking of white-tailed
deer and incidental take of feral hog in the Refuge Interior, by
airboat (requires Special Use Permit (FWS Form 3-1383-G)) and
nonmotorized vessels only. Airboat access will be for deer hunt permit
holders only.
(x) White-tailed deer and feral hog hunters age 18 and older must
be in possession of all necessary State and Federal licenses, permits,
as well as a current refuge hunt permit (signed brochure) while hunting
on the refuge.
(xi) We have limited quota and specialty hunts for the taking of
white-tailed deer, and incidental take of feral hogs during the deer
hunts on the Strazzulla Marsh and the Cypress Swamp.
(xii) Motorized vessels used while deer hunting must be stopped and
shut off for 15 minutes prior to shooting. Permitted motorized vessels
must be in place 1 hour before legal sunrise and not move until 1 hour
after legal sunrise.
(xiii) We close the Refuge Interior to all other uses during the
limited quota white-tailed deer hunt in the Refuge Interior.
(xiv) White-tailed deer hunters younger than age 18 must be
supervised by a licensed and permitted adult age 21 or older, and must
remain with the adult while hunting. Hunters younger than age 18 must
have completed a hunter education course.
(xv) We prohibit the use of dogs for the take or attempt to take of
white-tailed deer and feral hogs. We allow the use of dogs for blood
trailing only.
(xvi) We require nontoxic ammunition (see Sec. 32.2(k)) when deer
hunting on the refuge.
(4) Sport fishing. We allow sport fishing on designated areas of
the refuge subject to the following conditions:
(i) We allow fishing on all areas of the refuge, except those areas
posted as closed to fishing or closed to the public.
(ii) Anglers may only use boats equipped with factory-manufactured-
water-cooled outboard motors, boats with electric motors, and
nonmotorized boats. We prohibit boats with air-cooled engines, fan
boats, hovercraft, and personal watercraft (jet skis, jet boats, wave
runners, etc.). We allow the use of airboats by permit only (Special
Use Permit (FWS Form 3-1383-G)). Airboat permits will be issued through
a separate lottery. Contact the refuge headquarters for airboat
permitting information.
(iii) We allow motorized vessels in the Motorized Zone, south of
latitude line 26[deg]27.130, and perimeter canal. We allow only
nonmotorized vessels in the Non Motorized Watercraft Zone, northern
portion of Refuge Interior.
(iv) Anglers operating boats in the Refuge Interior, outside of the
perimeter canal, are required to display a 10-inches by 12-inches (25
cm x 30 cm) orange flag 10-feet (3 meters) above the vessel's
waterline.
(v) We only allow the use of rods and reels and poles and lines,
and anglers must attend them at all times. We prohibit the possession
or use of cast nets, seines, trot lines, jugs, and other fishing
devices.
(vi) We allow frog gigging, bow fishing, and fish gigging in all
areas open to sport fishing, except in the A, B, and C Impoundments and
Strazzulla Marsh.
(vii) We prohibit frog gigging, bow fishing, and fish gigging from
structures and from within \1/2\ mile of refuge boat ramps, campsites,
and canoe trails, and in areas posted as closed.
(viii) We allow the taking of frogs from July 16 through March 15
of each year.
(ix) The daily bag limit for frogs is 50 frogs per vessel or party.
(x) Fish and frogs must remain in whole condition while on refuge
lands.
(xi) Frogs may only be taken by gig, blowgun, or hook and line, or
by hand.
(xii) We limit frogging or fishing by airboat to nonhunting airboat
permittees only.
(xiii) We prohibit commercial fishing, including unpermitted
commercial guiding, and the taking of turtles and other wildlife (see
Sec. 27.21 of this chapter).
(xiv) We allow 17 fishing tournaments a year by Special Use Permit
only (General Activities--Special Use Permit Application, FWS Form 3-
1383-G).
* * * * *
(e) Everglades Headwaters National Wildlife Refuge--(1) Migratory
game bird hunting. We allow hunting of migratory game birds on
designated areas of the refuge in accordance with State regulations and
applicable State Wildlife Management Area regulations.
(2) Upland game hunting. We allow upland game hunting on designated
areas of the refuge in accordance with State regulations and applicable
State Wildlife Management Area regulations.
(3) Big game hunting. We allow big game hunting on designated areas
of the refuge in accordance with State regulations and applicable State
Wildlife Management Area regulations.
(4) Sport fishing. We allow sport fishing on designated areas of
the refuge in accordance with State regulations and applicable State
Wildlife Management Area regulations.
* * * * *
(i) * * *
(2) * * *
(i) The conditions set forth at paragraphs (i)(1)(i) through (viii)
of this section apply.
* * * * *
(3) * * *
(i) The conditions set forth at paragraphs (i)(1)(i) through (viii)
of this section apply.
* * * * *
(j) * * *
(1) * * *
(ii) You must carry (or hunt within 30 yards of a hunter who
possesses) a valid State-issued Merritt Island Waterfowl Quota Permit,
while hunting in areas 1 or 4 during the State's regular waterfowl
season. The Waterfowl Quota Permit can be used for a single party
consisting of the permit holder and up to three guests. The permit
holder must be present. The Waterfowl Quota Permit is a limited entry
quota permit, is zone-specific, and is nontransferable.
* * * * *
(x) You must stop at a posted refuge waterfowl check station and
report statistical hunt information on the Migratory Bird Hunt Report
(FWS Form 3-2361) to refuge personnel.
(xi) When inside the impoundment perimeter ditch, you may use
gasoline or diesel motors. Outside the perimeter ditch, you must propel
vessels by paddling, push pole, or electric trolling motor.
* * * * *
(3) * * *
(iv) We allow hunting within the State's deer season on specific
days as defined by the refuge hunt brochure. Each hunt will be a 3-day
weekend. Legal shooting hours are \1/2\ hour before legal sunrise to
\1/2\ hour after legal sunset.
(v) Hunters possessing a valid permit (State-issued permit) may
access the refuge no earlier than 4 a.m. and must leave the refuge no
later than 2 hours after legal sunset. If you wish to track wounded
game beyond 2 hours after legal sunset, you must gain consent from a
Federal Wildlife Officer to do so.
[[Page 54109]]
(vi) We prohibit hunting from refuge roads or within 150 yards of
roads open to public vehicle traffic or within 200 yards of a building
or Kennedy Space Center facility.
(vii) Each permitted hunter may have one adult guest and one youth
hunter per adult. All guests must remain within 30 yards of the
permitted hunter. The party must share a single bag limit. Each adult
may supervise one youth hunter and must remain within sight and normal
voice contact.
(viii) You may set up stands or blinds up to 7 days prior to the
permitted hunt; you must remove them on the last day of your permitted
hunt. You must clearly mark stands and blinds with your Florida State
customer identification (ID) number found on your hunting license. You
may have no more than one stand or blind per person on the refuge at
any time. You must place a stand or blind for a youth hunter within
sight and normal voice contact of the supervisory hunter's stand and
mark it with the supervisory hunter's Florida State customer ID number
and the word ``YOUTH.''
* * * * *
(x) If you use flagging or other trail-marking material, you must
print your Florida State customer ID number on each piece or marker.
You may set out flagging and trail markers up to 7 days prior to the
permitted hunt, and you must remove them on the last day of the
permitted hunt.
* * * * *
(xv) You may field dress game; however, we prohibit cleaning game
within 150 yards of any public area, road, game-check station, or gate.
We prohibit dumping game carcasses on the refuge.
* * * * *
(xviii) You must stop at one of two check stations and report
statistical hunt information on the Self-Clearing Check-In/Out Permit
(FWS Form 3-2405).
* * * * *
(m) * * *
(2) * * *
(iii) You may only use .22 caliber or smaller rim-fire rifles,
shotguns (#4 bird shot or smaller) (see Sec. 32.2(k)), or
muzzleloaders to harvest squirrel, rabbit, and raccoon. In addition,
you may use shotgun slugs, buckshot, archery equipment including
crossbows, center fire weapons, or pistols to take feral hogs.
* * * * *
(vii) You must check out all game taken at a game check station.
You must use the State harvest recording system to check out all white-
tail deer harvested on the refuge.
(3) Big game hunting. We allow hunting of white-tailed deer, feral
hog, and turkey in areas and during seasons designated in the hunting
brochure subject to the following conditions:
(i) We require State-issued refuge permits. Permits are
nontransferable. Each hunter must possess and carry a signed permit
when participating in a hunt.
(ii) The conditions set forth at paragraphs (m)(2)(ii) and (iv)
through (vii) of this section apply.
* * * * *
(iv) There is a two deer limit per hunt, as specified at paragraph
(m)(3)(vi) of this section, except during the youth hunt, when the
limit is as specified at paragraph (m)(3)(vii) of this section. The
limit for turkey is one per hunt.
* * * * *
(viii) Mobility-impaired hunters may have an assistant accompany
them. You may transfer permits (State-issued permit) issued to
assistants. We limit those hunt teams to harvesting white-tailed deer
and feral hog within the limits provided at paragraph (m)(3)(vi) of
this section.
(ix) You may harvest one bearded turkey per hunt. You may only use
shotguns or archery equipment, including crossbows, to harvest turkey.
We prohibit hunting after 1 p.m.
* * * * *
(n) * * *
(3) * * *
(vii) We limit weapons to primitive weapons (bow and arrow,
muzzleloader, and crossbow) on the primitive weapons sambar deer hunt
and the primitive weapons white-tailed deer hunt. We limit the archery
hunt to bow and arrow, and crossbow. You may take feral hog and raccoon
only with the weapons allowed for that period.
* * * * *
0
10. Amend Sec. 32.29 by:
0
a. Adding paragraph (a)(3);
0
b. Redesignating paragraph (h)(1)(iv) as paragraph (h)(1)(v);
0
c. Adding a new paragraph (h)(1)(iv);
0
d. Revising paragraphs (h)(2)(i), (h)(3) introductory text, and
(h)(3)(i); and
0
e. Adding paragraph (h)(3)(vii).
The revisions and additions read as follows:
Sec. 32.29 Georgia.
* * * * *
(a) * * *
(3) Big game hunting. We allow alligator hunting on designated
areas of the refuge subject to the following condition: We only allow
alligator hunting during the first two weekends (from legal sunset
Friday through legal sunrise Monday) of the State alligator season.
* * * * *
(h) * * *
(1) * * *
(iv) We allow the incidental take of armadillo, beaver, opossum,
and raccoon during all refuge hunts (migratory bird, upland, and big
game) with firearms and other equipment authorized for use on refuge
lands in Georgia only.
* * * * *
(2) * * *
(i) The conditions set forth at paragraphs (h)(1)(i), (iii), and
(iv) of this section apply.
* * * * *
(3) Big game hunting. We allow hunting of white-tailed deer,
turkey, alligator, feral hog, and coyote on designated areas of the
refuge subject to the following conditions:
(i) The conditions set forth at paragraphs (h)(1)(i), (iii), and
(iv) of this section apply.
* * * * *
(vii) We prohibit catch-and-release of alligators.
* * * * *
0
11. Amend Sec. 32.31 by:
0
a. Removing paragraph (c)(3)(iv);
0
b. Redesignating paragraph (c)(3)(v) as paragraph (c)(3)(iv); and
0
c. Revising paragraphs (c)(4)(i), (e)(1) introductory text, (f)(1)
introductory text, and (f)(2) and (3).
The revisions read as follows:
Sec. 32.31 Idaho.
* * * * *
(c) * * *
(4) * * *
(i) From October 1 through April 14, we allow ice fishing on the
Lake Lowell Unit, unless otherwise posted by the Bureau of Reclamation.
* * * * *
(e) * * *
(1) Migratory game bird hunting. We allow hunting of goose, duck,
coot, and snipe on designated areas of the refuge subject to the
following conditions:
* * * * *
(f) * * *
(1) Migratory game bird hunting. We allow hunting of duck, goose,
coot, snipe, dove, and crow on designated areas of the refuge subject
to the following conditions:
* * * * *
(2) Upland game hunting. We allow hunting of pheasant, grouse,
partridge (chukar and gray partridge), cottontail rabbit, and bobcat on
designated areas of the refuge subject to the following condition: The
condition set forth at
[[Page 54110]]
paragraph (f)(1)(i) of this section applies.
(3) Big game hunting. We allow hunting of deer and elk on
designated areas of the refuge subject to the following condition: Deer
and elk hunters may enter the hunt area from 1\1/2\ hours before legal
hunting time to 1\1/2\ hours after legal hunting time.
* * * * *
0
12. Amend Sec. 32.32 by:
0
a. Revising paragraphs (b)(3)(iv)(A), (e)(1), (e)(3)(iii) and (v), (g),
and (i)(2);
0
b. Removing paragraph (i)(3)(iii);
0
c. Redesignating paragraph (i)(3)(iv) as paragraph (i)(3)(iii); and
0
d. Revising paragraphs (k)(1), (2), and (3).
The revisions read as follows:
Sec. 32.32 Illinois.
* * * * *
(b) * * *
(3) * * *
(iv) * * *
(A) In the area west of Division Street and east of Blue Heron
Marina;
* * * * *
(e) * * *
(1) Migratory game bird hunting. We allow hunting of migratory game
birds on designated areas of the refuge subject to the following
condition: On the Long Island Division, we allow hunting only from
blinds constructed on sites posted by the Illinois Department of
Natural Resources.
* * * * *
(3) * * *
(iii) On the Fox Island Division, Slim Island Division, Cherry Box
Division, and Hickory Creek Division, we only allow archery deer
hunting during the Statewide archery season. We prohibit archery
hunting during the State firearm season.
* * * * *
(v) We prohibit organized deer drives. 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(s) who is
part of the organized or planned hunt and known to be waiting for the
deer.
* * * * *
(g) Kankakee National Wildlife Refuge. (1) [Reserved]
(2) Upland game hunting. We allow hunting of wild turkey on
designated areas of the refuge subject to the following conditions:
(i) For hunting, you may possess only approved nontoxic shot shells
while in the field (see Sec. 32.2(k)).
(ii) You must remove all boats, decoys, blinds, blind materials,
stands, platforms, and other hunting equipment (see Sec. Sec. 27.93
and 27.94 of this chapter) brought onto the refuge at the end of each
day's hunt.
(3) Big game hunting. We allow hunting of white-tailed deer on
designated areas of the refuge subject to the following condition: The
condition set forth at paragraph (g)(2)(ii) of this section applies.
(4) [Reserved]
* * * * *
(i) * * *
(2) Upland game hunting. We allow hunting of small game,
furbearers, and game birds on designated areas of the refuge subject to
the following condition: We open the refuge divisions for upland game
hunting from \1/2\ hour before legal sunrise to \1/2\ hour after legal
sunset.
* * * * *
(k) Two Rivers National Wildlife Refuge--(1) Migratory game bird
hunting. We allow hunting of migratory game birds on designated areas
of the refuge subject to the following conditions:
(i) Hunters must remove boats, decoys, blinds, blind materials,
stands, and platforms brought onto the refuge at the end of each day's
hunt (see Sec. Sec. 27.93 and 27.94 of this chapter).
(ii) We allow the use of dogs while hunting, provided the dog is
under the immediate control of the hunter at all times.
(2) Upland game hunting. We allow upland game hunting for wild
turkey, small game, furbearers, and nonmigratory game birds on
designated areas of the refuge subject to the following conditions:
(i) The conditions set forth at paragraphs (k)(1)(i) and (ii) of
this section apply.
(ii) For hunting, you may use or possess only approved nontoxic
shot shells while in the field, including shot shells used for hunting
wild turkey (see Sec. 32.2(k)).
(iii) 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 .50 caliber.
(iv) We allow the use of .22 and .17 caliber rimfire lead
ammunition for the taking of small game and furbearers during open
season.
(v) We allow hunting from legal sunrise to legal sunset.
(3) Big game hunting. We allow hunting of white-tailed deer on
designated areas of the refuge subject to the following conditions:
(i) The condition set forth at paragraph (k)(1)(i) of this section
applies.
(ii) We prohibit organized deer drives. 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(s) who is
part of the organized or planned hunt and known to be waiting for the
deer.
* * * * *
0
13. Amend Sec. 32.33 by:
0
a. Revising paragraphs (b), (c)(1) introductory text, and (c)(2)
introductory text;
0
b. Adding paragraph (c)(2)(iii);
0
c. Revising paragraph (c)(3)(i);
0
d. Redesignating paragraph (c)(3)(iv) as paragraph (c)(3)(v); and
0
e. Adding new paragraph (c)(3)(iv).
The revisions and additions read as follows:
Sec. 32.33 Indiana.
* * * * *
(b) Muscatatuck National Wildlife Refuge--(1) Migratory game bird
hunting. We allow hunting of duck, goose, coot, merganser, woodcock,
and dove on designated areas of the refuge subject to the following
conditions:
(i) You must remove all boats, decoys, blinds, blind materials,
stands, and platforms brought onto the refuge at the end of each day's
hunt (see Sec. 27.93 of this chapter).
(ii) We allow the use of dogs when hunting, provided the dogs are
under the immediate control of the hunter at all times.
(iii) We prohibit hunting and the discharge of a firearm within 100
yards (30 meters) of any dwelling or any other building that people,
pets, or livestock may occupy.
(2) Upland game hunting. We allow hunting of turkey, quail,
squirrel, raccoon, opossum, coyote, fox, skunk, and rabbit on
designated areas of the refuge subject to the following conditions:
(i) For hunting, you may use or possess only approved nontoxic shot
shells while in the field, including shot shells used for hunting wild
turkey (see Sec. 32.2(k)).
(ii) We allow the use of rimfire weapons for upland/small game
hunting.
(iii) We prohibit the use of centerfire rifles for any hunts on
refuge property.
(iv) During spring turkey hunting, hunters must possess a State-
issued hunting permit during the first 6 days of the season.
(v) We prohibit turkey hunting after 1 p.m. each day.
(vi) We allow the incidental take of coyote only during other
refuge hunting seasons.
[[Page 54111]]
(vii) The conditions set forth at paragraphs (b)(1)(i) through
(iii) of this section apply.
(3) Big game hunting. We allow hunting of white-tailed deer on
designated areas of the refuge subject to the following conditions:
(i) The conditions set forth at paragraphs (b)(1)(i) through (iii)
and (b)(2)(i) through (iii) of this section apply.
(ii) We prohibit organized deer drives. 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(s) who is
part of the organized or planned hunt and known to be waiting for the
deer.
(iii) We prohibit the use or possession of tree spikes, plastic
flagging, and reflective tacks.
(iv) We prohibit firearms deer hunting during the State deer
firearm season (archery and muzzleloader only).
(v) We close archery deer hunting during the State muzzleloader
season.
(vi) We prohibit the possession of game trail cameras on the
refuge.
(vii) We require you to remove arrows from crossbows during
transport in a vehicle.
(4) Sport fishing. We allow sport fishing on designated areas of
the refuge subject to the following conditions:
(i) We prohibit the use of any type of motor.
(ii) We allow the use of kayaks, canoes, belly boats, or float
tubes in all designated fishing areas.
(iii) We allow fishing only with rod and reel, or pole and line.
(iv) We prohibit harvest of frog and turtle (see Sec. 27.21 of
this chapter).
(v) We prohibit the use of lead fishing tackle.
(vi) We allow only youth age 15 and younger to fish in the
Discovery Pond.
(c) * * *
(1) Migratory game bird hunting. We allow hunting of duck, goose,
merganser, coot, woodcock, dove, snipe, rail, and crow on designated
areas of the refuge and the White River Wildlife Management Area
subject to the following conditions:
* * * * *
(2) Upland game hunting. We allow hunting of bobwhite quail,
pheasant, cottontail rabbit, squirrel (gray and fox), red and gray fox,
coyote, opossum, striped skunk, and raccoon subject to the following
conditions:
* * * * *
(iii) You may only use or possess approved nontoxic shot shells
(see Sec. 32.2(k)) while in the field.
(3) * * *
(i) The condition set forth at paragraph (c)(2)(iii) applies while
turkey hunting.
* * * * *
(iv) On the Columbia Mine Unit, if you use a rifle to hunt, you may
use only rifles allowed by State regulations for hunting on public
land.
* * * * *
0
14. Amend Sec. 32.34 by:
0
a. Revising paragraph (d)(1) introductory text;
0
b. Removing paragraph (d)(1)(i);
0
c. Redesignating paragraphs (d)(1)(ii) through (d)(1)(v) as paragraphs
(d)(1)(i) through (d)(1)(iv); and
0
d. Revising paragraphs (d)(2) introductory text, (d)(2)(i), (g)(1)
introductory text, (g)(1)(ii), (g)(2) introductory text, (g)(2)(ii),
and (g)(3)(i).
The revisions read as follows:
Sec. 32.34 Iowa.
* * * * *
(d) * * *
(1) Migratory game bird hunting. We allow the hunting of dove,
duck, goose, and coot on designated areas of the refuge subject to the
following conditions:
* * * * *
(2) Upland game hunting. We allow hunting of ring-necked pheasant,
bobwhite quail, pigeon, crow, cottontail rabbit, gray and fox squirrel,
and wild turkey on designated areas of the refuge subject to the
following conditions:
(i) The conditions set forth at paragraphs (d)(1)(i) through (iv)
of this section apply.
* * * * *
(g) * * *
(1) Migratory game bird hunting. We allow hunting of duck, goose,
coot, rail (Virginia and sora only), woodcock, dove, crow, and snipe on
designated areas of the refuge subject to the following conditions:
* * * * *
(ii) We allow boats or other floating devices when hunting. You may
not leave boats unattended.
* * * * *
(2) Upland game hunting. We allow hunting of pheasant, gray
partridge, cottontail rabbit, squirrel (fox and gray), groundhog,
raccoon, opossum, fox, coyote, and skunk on designated areas of the
refuge subject to the following conditions:
* * * * *
(ii) The conditions set forth at paragraphs (g)(1)(i), (ii), (iv),
and (v) of this section apply.
(3) * * *
(i) The conditions set forth at paragraphs (g)(1)(i), (ii), (iv),
and (v) of this section apply.
* * * * *
0
15. Revising Sec. 32.35 to read as follows:
Sec. 32.35 Kansas.
The following refuge units are open for hunting and/or fishing as
governed by applicable Federal and State regulations, and are listed in
alphabetical order with additional refuge-specific regulations.
(a) Flint Hills National Wildlife Refuge--(1) Migratory game bird
hunting. We allow hunting of coot, crow, mourning dove, duck, goose,
rail, woodcock, and snipe on designated areas of the refuge subject to
the following conditions:
(i) You must remove portable hunting blinds and decoys at the end
of each day's hunt (see Sec. 27.93 of this chapter).
(ii) We only allow rimfire firearms, shotguns, and archery
equipment.
(iii) We prohibit shooting from or over roads and parking areas.
(iv) We allow the use of dogs when hunting migratory birds.
(v) We close hunting areas on the north side of the Neosho River to
all hunting from November 1 through March 1.
(2) Upland game hunting. We allow hunting of coyote, pheasant,
prairie chicken, quail, rabbit, State-defined furbearers, and squirrel
on designated areas of the refuge subject to the following conditions:
(i) We allow the use of dogs when hunting upland game, except that
we prohibit the use of dogs when hunting coyotes and furbearers.
(ii) Shooting hours for upland game species are \1/2\ hour before
legal sunrise until legal sunset.
(iii) We prohibit the harvest of beaver and otter.
(iv) The conditions set forth at paragraphs (a)(1)(ii) and (iii) of
this section apply.
(3) Big game hunting. We allow hunting of white-tailed deer and
turkey on designated areas of the refuge subject to the following
conditions:
(i) You may possess only approved nontoxic shot for turkey hunting
(see Sec. 32.2(k)).
(ii) We allow one portable blind or stand per hunter. You may place
a stand on the refuge no more than 14 days prior to the season, and you
must remove it within 14 days of the close of the season. You must
remove a portable blind at the end of each day's hunt (see Sec. 27.93
of this chapter). You must label any portable blind or stand with the
owner's name and Kansas Department of Wildlife, Parks and Tourism
[[Page 54112]]
(KDWPT) number. Labels must be clearly visible from the ground.
(iii) We prohibit the use of dogs when hunting turkey.
(iv) The condition set forth at paragraph (a)(1)(iii) of this
section applies.
(v) We only allow muzzleloaders, shotguns, and archery equipment.
(4) Sport fishing. We allow sport fishing on designated areas of
the refuge subject to the following condition: We prohibit the take of
reptiles and amphibians.
(b) Kirwin National Wildlife Refuge--(1) Migratory game bird
hunting. We allow hunting of coot, crow, duck, goose, merganser,
mourning dove, rail, snipe, and woodcock on designated areas of the
refuge subject to the following conditions:
(i) You must remove portable hunting blinds and decoys at the end
of each day's hunt (see Sec. 27.93 of this chapter).
(ii) We prohibit shooting from or over roads and parking areas.
(iii) In Bow Creek, we allow hunting access by boat or on foot year
round.
(iv) We allow the use of dogs when hunting migratory birds.
(2) Upland game hunting. We allow hunting of cottontail rabbit,
jack rabbit, pheasant, prairie chicken, quail, State-defined
furbearers, and squirrel (fox and grey) on designated areas of the
refuge subject to the following conditions:
(i) We only allow shotguns and archery equipment when hunting
upland game.
(ii) We allow the use of dogs when hunting upland game, except that
we prohibit the use of dogs when hunting coyotes and furbearers.
(iii) Shooting hours for upland game species are \1/2\ hour before
legal sunrise until legal sunset.
(iv) We prohibit the harvest of beaver and otter.
(v) The condition set forth at paragraph (b)(1)(ii) of this section
applies.
(3) Big game hunting. We allow hunting of deer and turkey on
designated areas of the refuge subject to the following conditions:
(i) We only allow archery hunting of deer.
(ii) We allow one portable blind or stand per hunter. You may place
a stand on the refuge no more than 14 days prior to the season, and you
must remove it within 14 days of the close of the season. You must
remove a portable blind at the end of each day's hunt (see Sec. 27.93
of this chapter). You must label any portable blind or stand with the
owner's name and KDWPT number. Labels must be clearly visible from the
ground.
(iii) You must obtain a refuge-issued permit (FWS Form 3-2405,
Self-Clearing Check-In/Out Permit) to hunt deer on the refuge.
(iv) The condition set forth at paragraph (b)(1)(ii) of this
section applies.
(v) We prohibit the use of dogs when hunting turkey.
(vi) You may possess only approved nontoxic shot for turkey hunting
(see Sec. 32.2(k)).
(4) Sport fishing. We allow sport fishing on designated areas on
the refuge subject to the following conditions:
(i) We only allow boats for activities related to fishing.
(ii) We prohibit boating for fishing between October 1 and April 1
when the reservoir water elevation falls below 1,722 feet (measured on
October 1), except in the Bow Creek Hunting Unit. Boats may be launched
only at Scout Cove during this period.
(iii) We allow boating for fishing year-round, on the entire
reservoir, only when the reservoir water elevation is above 1,722 feet
(measured on October 1).
(iv) We allow noncommercial collection of baitfish as governed by
State regulations.
(v) We prohibit all activities associated with fishing tournaments,
outside of sport fishing itself, to include organized gatherings,
registrations, weigh-ins, and award presentations to be held or
organized on the refuge.
(vi) We prohibit the take of reptiles and amphibians.
(c) Marais des Cygnes National Wildlife Refuge--(1) Migratory game
bird hunting. We allow hunting of coot, crow, duck, goose, mourning
dove, rail, snipe, and woodcock on designated areas of the refuge
subject to the following conditions:
(i) You must remove portable hunting blinds and decoys at the end
of each day's hunt (see Sec. 27.93 of this chapter).
(ii) We prohibit shooting from or over roads and parking areas.
(iii) We allow the use of dogs when hunting migratory birds.
(iv) We only allow shotguns and archery equipment.
(2) Upland game hunting. We allow hunting of coyote, cottontail
rabbit, State-defined furbearers, squirrel, and upland birds on
designated areas of the refuge subject to the following conditions:
(i) We allow the use of dogs when hunting upland game, except that
we prohibit the use of dogs when hunting coyotes and furbearers.
(ii) Shooting hours for upland game species are \1/2\ hour before
legal sunrise until legal sunset.
(iii) We prohibit the harvest of beaver and otter.
(iv) The conditions set forth at paragraphs (c)(1)(i), (ii), and
(iv) of this section apply.
(3) Big game hunting. We allow hunting of white-tailed deer and
turkey on designated areas of the refuge subject to the following
conditions:
(i) You must possess and carry a State-issued refuge access permit
to hunt deer and spring turkey.
(ii) We allow one portable blind or stand per hunter. You may place
a stand on the refuge no more than 14 days prior to the season, and you
must remove it within 14 days of the close of the season. You must
remove a portable blind at the end of each day's hunt (see Sec. 27.93
of this chapter). You must label any portable blind or stand with the
owner's name and KDWPT number. Labels must be clearly visible from the
ground.
(iii) We prohibit the use of dogs when hunting turkey.
(iv) You may possess only approved nontoxic shot for turkey hunting
(see Sec. 32.2(k)).
(v) The condition set forth at paragraph (c)(1)(ii) of this section
applies.
(vi) We only allow archery deer hunting, except during the January
antlerless deer season when we allow the use of archery, muzzleloader,
and shotgun.
(4) Sport fishing. We allow sport fishing on designated areas of
the refuge subject to the following condition: We prohibit the take of
reptiles and amphibians.
(d) Quivira National Wildlife Refuge--(1) Migratory game bird
hunting. We allow hunting of coot, crow, duck, goose, and mourning dove
on designated areas of the refuge subject to the following conditions:
(i) We open refuge hunting areas from September 1 through February
28.
(ii) The refuge is open from 1\1/2\ hours before legal sunrise to
1\1/2\ hours after legal sunset.
(iii) We prohibit the retrieval of game from areas closed to
hunting.
(iv) You must remove portable hunting blinds and decoys at the end
of each day's hunt (see Sec. 27.93 of this chapter).
(v) We prohibit shooting from or over roads and parking areas.
(vi) We allow the use of dogs when hunting migratory birds.
(vii) We only allow shotguns and archery equipment.
(2) Upland game hunting. We allow hunting of coyote, pheasant,
quail, State-defined furbearers, squirrel, and rabbit on designated
areas of the refuge subject to the following conditions:
[[Page 54113]]
(i) The conditions set forth at paragraphs (d)(1)(i) through (iii),
(v), and (vii) of this section apply.
(ii) We allow the use of dogs when hunting upland game, except that
we prohibit the use of dogs when hunting coyotes and furbearers.
(iii) We prohibit the harvest of beaver and otter.
(iv) You must possess a State-issued refuge access permit for
coyote and State-defined furbearer hunting.
(3) Big game hunting. We allow hunting of white-tailed deer and
turkey on designated areas of the refuge subject to the following
conditions:
(i) You may possess only approved nontoxic ammunition for turkey
and deer hunting (see Sec. 32.2(k)).
(ii) You must possess a State-issued refuge access permit for deer
and turkey hunting.
(iii) We allow one portable blind or stand per hunter. You may
place a stand on the refuge no more than 14 days prior to the season,
and you must remove it within 14 days of the close of the season. You
must remove a portable blind at the end of each day's hunt (see Sec.
27.93 of this chapter). You must label any portable blind or stand with
the owner's name and KDWPT number. Labels must be clearly visible from
the ground.
(iv) We prohibit the use of dogs when hunting turkey.
(v) The conditions set forth at paragraphs (d)(1)(i) through (iii)
and (v) of this section apply.
(vi) We only allow muzzleloaders, shotguns, and archery equipment.
(4) Sport fishing. We allow sport fishing on all waters on the
refuge subject to the following conditions:
(i) We prohibit taking of reptiles and amphibians.
(ii) We prohibit the use of trotlines and setlines.
(iii) We prohibit the use of seines for taking bait.
(iv) We prohibit fishing from water control structures and bridges.
(v) We restrict fishing in the designated ``Kid's Pond,''
approximately \1/4\ mile (.4 kilometers) west-southwest of
headquarters, to youth age 14 and younger, and to a parent and/or
guardian age 18 or older accompanying a youth.
(vi) The creel limit for the Kid's Pond is one fish per day.
(vii) The condition set forth at paragraph (d)(1)(ii) of this
section applies.
(viii) The only live bait we allow is worms; we prohibit all other
live bait.
0
16. Amend Sec. 32.36 by:
0
a. Revising paragraphs (a)(1)(iii), (v), and (vi);
0
b. Removing paragraphs (a)(1)(vii) and (viii); and
0
c. Revising paragraphs (a)(2) and (a)(3)(i).
The revisions read as follows:
Sec. 32.36 Kentucky.
* * * * *
(a) * * *
(1) * * *
(iii) We prohibit hunting within 100 feet (30 meters) of a
residence and discharge of firearms within 200 feet (60 meters) of any
home, the abandoned railroad tracks, graveled roads, and hiking trails.
* * * * *
(v) We allow the use of dogs for waterfowl, quail, snipe, dove,
woodcock, squirrel, rabbit, raccoon, opossum, and fall turkey hunting.
Dog owners/handlers must have a collar on each dog with the owner's
contact information.
(vi) We allow waterfowl hunting from legal shooting time until 12
p.m. (noon).
(2) Upland game hunting. We allow hunting of squirrel, rabbit,
quail, raccoon, opossum, coyote, bobcat, fox, skunk, otter, muskrat,
mink, weasel, and beaver on designated areas of the refuge subject to
the following conditions:
(i) The conditions set forth at paragraphs (a)(1)(i) through (v) of
this section apply.
(ii) We allow coyote hunting under Statewide regulations during
daylight hours only.
(3) * * *
(i) The conditions set forth at paragraphs (a)(1)(i) through (v) of
this section apply.
* * * * *
0
17. Amend Sec. 32.37 by:
0
a. Revising paragraphs (a)(1) introductory text, (a)(2) introductory
text, and (c)(1)(vi);
0
b. Adding new paragraph (d)(1)(ix);
0
c. Revising paragraphs (d)(3)(ii), (e)(1)(i) and (v), (e)(2)
introductory text, and (e)(2)(ii);
0
d. Adding paragraph (e)(2)(v);
0
e. Revising paragraph (f)(3) introductory text;
0
f. Removing paragraph (f)(3)(iii);
0
g. Redesignating paragraph (f)(3)(iv) as (f)(3)(iii);
0
h. Revising paragraphs (g), (k)(1) introductory text, (k)(1)(x),
(k)(3)(ii), (n)(1)(xiv), (n)(4)(ii), (p)(1)(vii) and (xii), and
(q)(1)(iii);
0
i. Adding paragraphs (t)(1)(vi);
0
j. Revising paragraph (t)(2)(i); and
0
k. Adding paragraphs (t)(2)(v) and (t)(3)(xiii).
The revisions and additions read as follows:
Sec. 32.37 Louisiana.
* * * * *
(a) * * *
(1) Migratory game bird hunting. We allow hunting of mourning dove,
duck, goose, coot, snipe, rail, gallinule, and woodcock on designated
areas of the refuge subject to the following conditions:
* * * * *
(2) Upland game hunting. We allow hunting of squirrel, rabbit, and
raccoon on designated areas of the refuge subject to the following
condition: The conditions set forth at paragraphs (a)(1)(i) and (ii) of
this section apply.
* * * * *
(c) * * *
(1) * * *
(vi) Each person age 18 and older must possess a valid Annual
Public Use Permit (signed brochure).
* * * * *
(d) * * *
(1) * * *
(ix) Each person age 18 and older, must possess a valid Annual
Public Use Permit (signed brochure).
* * * * *
(3) * * *
(ii) We allow archery deer hunting according to the State of
Louisiana archery season. Hunters may take deer of either sex as
governed by State-approved archery equipment and regulations. We close
refuge archery hunting during refuge deer gun hunts.
* * * * *
(e) * * *
(1) * * *
(i) We allow waterfowl hunting on Wednesdays, Thursdays, Saturdays,
and Sundays from \1/2\ hour before legal sunrise until 12 p.m. (noon),
including waterfowl hunting during the State special teal season and
State youth waterfowl hunt. We allow snipe, rail, and gallinule hunting
on Wednesdays, Thursdays, Saturdays, and Sundays from \1/2\ hour before
legal sunrise until 2 p.m.
* * * * *
(v) An adult age 18 or older must supervise youth hunters age 17
and younger during all hunts. Youth hunter age and hunter education
requirements are governed by State regulations. One adult may supervise
two youths during small game hunts and migratory bird hunts, but is
only allowed to supervise one youth during big game hunts. Youths must
remain within normal voice contact and direct sight of the adult who is
supervising them. Adult guardians are responsible for ensuring that
youth hunters do not violate refuge rules.
* * * * *
(2) Upland game hunting. We allow hunting of squirrel, rabbit,
raccoon, and
[[Page 54114]]
quail on designated areas of the refuge subject to the following
conditions:
* * * * *
(ii) When hunting squirrel, rabbit, and raccoon, we allow the use
of dogs only after the close of the State archery deer season. When
hunting quail, you may only use dogs to locate, point, and retrieve.
* * * * *
(v) We only allow raccoon to be taken during the State rabbit
season.
* * * * *
(f) * * *
(3) Big game hunting. We allow hunting of white-tailed deer on
designated areas of the refuge subject to the following conditions:
* * * * *
(g) Bogue Chitto National Wildlife Refuge--(1) Migratory game bird
hunting. We allow hunting of duck, goose, coot, and woodcock on
designated areas of the refuge subject to the following conditions:
(i) We allow hunting from \1/2\ hour before legal sunrise until 12
p.m. (noon), including during the State special teal season, State
youth waterfowl hunt, and special light goose conservation season.
(ii) You must remove blinds and decoys by 1 p.m. each day (see
Sec. 27.93 of this chapter).
(iii) We prohibit goose hunting for that part of the season that
extends beyond the regular duck season.
(iv) When hunting migratory game birds, you may only use dogs to
locate, point, and retrieve game.
(v) Each person age 18 and older while hunting or fishing must
possess a valid Annual Public Use Permit (signed brochure).
(vi) An adult age 18 or older must supervise youth hunters age 17
and younger during all hunts. Youth hunter age and hunter education
requirements are governed by State regulations. One adult may supervise
two youths during small game hunts and migratory bird hunts, but is
only allowed to supervise one youth during big game hunts. Youths must
remain within normal voice contact of the adult who is supervising
them. Adult guardians are responsible for ensuring that youth hunters
do not violate refuge rules.
(vii) We prohibit hunting or discharge of firearms (see Sec. 27.42
of this chapter) within 150 feet (45.7 meters (m)) from the centerline
of any public road, refuge road, designated or maintained trail,
building, residence, designated camping area, or designated public
facility, or from or across aboveground oil, gas, or electric
facilities.
(viii) For the purpose of hunting, we prohibit possession of slugs,
buckshot, and rifle and pistol ammunition, except during the deer gun
and primitive firearm seasons (see Sec. 32.2(k)).
(ix) You may use only reflective tacks as trail markers on the
refuge.
(x) We allow the incidental take of feral hog during any open
refuge hunting season with weapons approved for that season.
(2) Upland game hunting. We allow hunting of squirrel, rabbit,
raccoon, and opossum on designated areas of the refuge subject to the
following conditions:
(i) We allow the use of dogs for rabbit, squirrel, raccoon, and
opossum hunting on specific dates listed in the refuge hunt brochure.
(ii) During any open deer firearm or primitive firearm season on
the refuge, all hunters, except waterfowl hunters and nighttime raccoon
and opossum hunters, must wear hunter orange, blaze pink, or other such
color as governed by State regulations.
(iii) The conditions set forth at paragraphs (g)(1)(v) through (x)
of this section apply, except you may use .22-caliber rifles or
smaller, and the nontoxic shot in your possession while hunting must be
size 4 or smaller (see Sec. 32.2(k)).
(iv) We will close the refuge to hunting (except waterfowl) and
camping when the Pearl River reaches 15.5 feet (4.65 meters) on the
Pearl River Gauge at Pearl River, Louisiana.
(v) During the dog season for squirrels and rabbits, all hunters,
including archery hunters (while on the ground), except waterfowl
hunters, must wear a cap or hat that is hunter-orange, blaze pink, or
other such color as governed by State regulations.
(3) Big game hunting. We allow hunting of white-tailed deer,
turkey, and feral hog on designated areas of the refuge subject to the
following conditions:
(i) The conditions set forth at paragraphs (g)(1)(v) through (x)
and (g)(2)(ii) through (iv) of this section apply.
(ii) Hunters may erect deer stands 48 hours before the deer archery
season and must remove them from the refuge within 48 hours after this
season closes (see Sec. 27.93 of this chapter). We allow only one deer
stand per hunter on the refuge. Deer stands must have the owner's State
license/sportsmen's identification number clearly printed on the stand.
(iii) Deer hunters hunting from concealed blinds must display State
Wildlife Management Area (WMA) hunter-orange or blaze-pink (as governed
by State WMA regulations) above or around their blinds that is visible
from 360 degrees.
(iv) We hold a special dog hog hunt in February. During this hunt,
the following conditions apply, in addition to other applicable
conditions in paragraph (g)(3) of this section:
(A) You must use trained hog-hunting dogs to aid in the take of
hog.
(B) We allow take of hog from \1/2\ hour before legal sunrise until
\1/2\ hour after legal sunset.
(C) You must possess only approved nontoxic shot, or pistol or
rifle ammunition not larger than .22 caliber rim-fire to take the hog
after it has been caught by dogs.
(v) You must kill all hogs prior to removal from the refuge.
(vi) We prohibit the use of deer and turkey gobbler decoys.
(4) Sport fishing. We allow only recreational fishing year-round on
designated areas of the refuge subject to the following conditions:
(i) We only allow cotton limb lines.
(ii) We close the fishing ponds at the Pearl River Turnaround to
fishing from April through the first full week of June and to boating
during the months of April, May, June, and July.
(iii) When the Pearl River Turnaround area is open, we allow boats
that do not have gasoline-powered engines attached in the fishing ponds
at the Pearl River Turnaround. Anglers must hand-launch these boats
into the ponds. When the fishing ponds at the Pearl River Turnaround
are open, hook and line is the only legal method of take in those
ponds.
(iv) The Pearl River Turnaround area, when open to fishing, is open
\1/2\ hour before legal sunrise to \1/2\ hour after legal sunset.
(v) The conditions set forth at paragraphs (g)(1)(x) and (g)(2)(iv)
of this section apply.
* * * * *
(k) * * *
(1) Migratory game bird hunting. We allow hunting of duck, goose,
coot, and woodcock on designated areas of the refuge subject to the
following conditions:
* * * * *
(x) We only allow the use of bright eyes or reflective tape for
flagging or trail markers.
* * * * *
(3) * * *
(ii) We allow deer modern firearm hunting on the area south of the
French Fork of the Little River for 2 days in December with these dates
being set annually.
* * * * *
(n) * * *
[[Page 54115]]
(1) * * *
(xiv) We only allow the use of bright eyes or reflective tape for
flagging or trail markers.
* * * * *
(4) * * *
(ii) We only allow fishing within the Coulee Des Grues Bayou from
the bank adjacent to Little California Road.
* * * * *
(p) * * *
(1) * * *
(vii) We restrict the use of the ATV trails that are designated for
physically challenged persons to individuals who possess a State-issued
physically challenged program hunter permit or are age 60 or older.
* * * * *
(xii) We only allow the use of bright eyes or reflective tape for
flagging or trail markers.
* * * * *
(q) * * *
(1) * * *
(iii) Each person age 18 and older must possess a valid Annual
Public Use Permit (signed brochure).
* * * * *
(t) * * *
(1) * * *
(vi) We allow the incidental take of coyote, beaver, raccoon, and
opossum when hunting for migratory bird species with firearms and
archery equipment authorized for use.
(2) * * *
(i) We allow nighttime raccoon hunting in alignment with Big Lake
Wildlife Management Area (WMA).
* * * * *
(v) We allow the incidental take of coyote, beaver, raccoon, and
opossum when hunting for upland game species with firearms and archery
equipment authorized for use.
(3) * * *
(xiii) We allow the incidental take of coyote, beaver, raccoon, and
opossum when hunting for big game species with firearms and archery
equipment authorized for use.
* * * * *
0
18. Revise Sec. 32.38 to read as follows:
Sec. 32.38 Maine.
The following refuge units are open for hunting and/or fishing as
governed by applicable Federal and State regulations, and are listed in
alphabetical order with additional refuge-specific regulations.
(a) Moosehorn National Wildlife Refuge--(1) Migratory game bird
hunting. We allow hunting of duck, goose, American woodcock, and snipe
on designated areas of the refuge subject to the following conditions:
(i) We require every hunter to possess and carry a personally
signed refuge permit (FWS Form 3-2439, Hunt Application--National
Wildlife Refuge System).
(ii) We allow hunters to enter the refuge 2 hours before legal
shooting hours, and they must exit the refuge by 1 hour past legal
shooting hours.
(iii) We only allow portable or temporary blinds and decoys that
must be removed from the refuge following each day's hunt (see Sec.
27.93 of this chapter).
(iv) We allow the use of dogs consistent with State regulations.
(2) Upland game hunting. We allow hunting of ruffed grouse,
snowshoe hare, red fox, gray and red squirrel, raccoon, skunk, and
woodchuck on designated areas of the refuge subject to the following
condition: The conditions set forth at paragraphs (a)(1)(i), (ii)
(except for hunters pursuing raccoon at night), and (iv) of this
section apply.
(3) Big game hunting. We allow hunting of black bear, bobcat,
eastern coyote, moose, and white-tailed deer on designated areas of the
refuge subject to the following conditions:
(i) The conditions set forth at paragraphs (a)(1)(i), (ii) (except
for hunters pursuing eastern coyote at night), and (iv) of this section
apply.
(ii) The hunter must retrieve all species harvested on the refuge.
(iii) We allow eastern coyote hunting from October 1 to March 31.
(iv) We allow tree stands, blinds, and ladders. You must clearly
label any tree stand, blind, or ladder left on the refuge overnight
with your hunting license number. You must remove your tree stand(s),
blind(s), and/or ladder(s) from the refuge on the last day of the
muzzleloader deer season (see Sec. 27.93 of this chapter).
(v) You may hunt black bear, eastern coyote, and white-tailed deer
during the State archery and firearms deer seasons on the Baring
Division east of State Route 191.
(vi) We prohibit use of firearms to hunt bear and coyote during the
archery deer season on the Baring Division east of Route 191. We
prohibit the use of firearms, other than a muzzleloader, to hunt coyote
during the deer muzzleloader season on the Baring Division east of
Route 191.
(4) Sport fishing. We allow sport fishing on designated areas of
the refuge subject to the following conditions:
(i) We only allow fishing from \1/2\ hour before legal sunrise to
\1/2\ hour after legal sunset.
(ii) We prohibit trapping fish for use as bait.
(b) Petit Manan National Wildlife Refuge--(1) Migratory game bird
hunting. We allow hunting of duck, goose, woodcock, rail, and snipe on
designated areas of the refuge subject to the following condition: We
allow the use of dogs consistent with State regulations.
(2) Upland game hunting. We allow hunting of upland game on
designated areas of the refuge subject to the following conditions:
(i) We allow the use of dogs consistent with State regulations.
(ii) You may hunt coyotes from November 1 to March 31.
(iii) Hunters must retrieve all species harvested on the refuge.
(iv) We prohibit night hunting from \1/2\ hour after legal sunset
until \1/2\ hour before legal sunrise the following day.
(3) Big game hunting. We allow hunting of white-tailed deer and
black bear on designated areas of the refuge subject to the following
conditions:
(i) Petit Manan Point is open only during the State-prescribed
muzzleloader deer season.
(ii) We allow black bear hunting during the firearm season for
white-tailed deer.
(iii) We allow hunters to enter the refuge 1 hour prior to legal
sunrise and remain on the refuge 1 hour after legal sunset.
(iv) We prohibit the use of dogs when hunting black bear.
(4) [Reserved]
(c) Rachel Carson National Wildlife Refuge--(1) Migratory game bird
hunting. We allow hunting of duck, goose, coot, woodcock, and snipe on
designated areas of the refuge subject to the following conditions:
(i) Prior to entering designated refuge hunting areas, you must
obtain a refuge permit (FWS Form 3-2439, Hunt Application--National
Wildlife Refuge System) and sign and carry the permit at all times.
(ii) We open designated youth hunting areas to hunters age 15 and
younger who possess and carry a refuge hunting permit (FWS Form 3-2439,
Hunt Application--National Wildlife Refuge System). Youth hunters must
be accompanied by an adult age 18 or older. The accompanying adult must
possess and carry a refuge hunting permit (FWS Form 3-2439, Hunt
Application--National Wildlife Refuge System) and may also hunt.
(iii) We allow the use of dogs consistent with State regulations.
(iv) We only allow temporary blinds and stands, which you must
remove at the end of each day's hunt (see Sec. 27.93 of this chapter).
(2) Upland game hunting. We allow hunting of pheasant, quail,
grouse, fox,
[[Page 54116]]
and coyote on designated areas of the refuge subject to the following
conditions:
(i) The conditions set forth at paragraphs (c)(1)(i) and (iii) of
this section apply.
(ii) We allow take of pheasant, quail, and grouse by falconry on
the refuge during State seasons.
(3) Big game hunting. We allow hunting of white-tailed deer and
turkey on designated areas of the refuge subject to the following
conditions:
(i) The conditions as set forth at paragraphs (c)(1)(i) and (iv) of
this section apply.
(ii) We allow hunting with shotgun and archery only. We prohibit
rifles and muzzleloading firearms for hunting.
(iii) We allow turkey hunting during the fall season only, as
designated by the State.
(iv) We allow only archery on those areas of the Little River
division open to hunting.
(v) During the State firearm deer season, we only allow hunting of
fox and coyote with archery or shotgun as incidental take with a refuge
big game permit (FWS Form 3-2439, Hunt Application--National Wildlife
Refuge System).
(vi) We allow hunting from \1/2\ hour before legal sunrise to \1/2\
hour after legal sunset.
(4) Sport fishing. We allow sport fishing on designated areas of
the refuge subject to the following conditions:
(i) We allow fishing from \1/2\ hour before legal sunrise to \1/2\
hour after legal sunset.
(ii) We prohibit lead tackle.
(iii) We prohibit trapping fish for use as bait.
(d) Sunkhaze Meadows National Wildlife Refuge--(1) Migratory game
bird hunting. We allow hunting of migratory game birds on designated
areas of the refuge subject to the following condition: We allow the
use of dogs consistent with State regulations.
(2) Upland game hunting. We allow hunting of upland game on
designated areas of the refuge subject to the following conditions:
(i) We allow hunters to enter the refuge 1 hour before legal
shooting hours, and they must exit the refuge by 1 hour past legal
shooting hours, except for hunters pursuing raccoons at night.
(ii) The hunter must retrieve all species harvested on the refuge.
(iii) We allow the use of dogs consistent with State regulations.
(3) Big game hunting. We allow hunting of black bear, bobcat,
moose, coyote, and white-tailed deer on designated areas of the refuge
subject to the following conditions:
(i) We allow hunters to enter the refuge 1 hour before legal
shooting hours, and they must exit the refuge by 1 hour after legal
shooting hours, except for hunters pursuing coyotes at night.
(ii) We allow tree stands, blinds, and ladders. You must clearly
label tree stands, blinds, or ladders left on the refuge overnight with
your State hunting license number. You must remove your tree stand(s),
blind(s), and/or ladder(s) from the refuge on the last day of the
muzzleloader deer season (see Sec. 27.93 of this chapter).
(iii) We allow the use of dogs consistent with State regulations.
(iv) We allow coyote hunting from October 1 to March 31.
(4) Sport fishing. We allow sport fishing on designated areas of
the refuge subject to the following condition: We prohibit trapping
fish for use as bait.
(e) Umbagog National Wildlife Refuge--(1) Migratory game bird
hunting. We allow hunting of duck, goose, snipe, coot, crow, and
woodcock on designated areas of the refuge subject to the following
condition: We allow the use of dogs consistent with State regulations.
(2) Upland game hunting. We allow hunting of fox, raccoon,
woodchuck, squirrel, porcupine, skunk, snowshoe hare, ring-necked
pheasant, and ruffed grouse on designated areas of the refuge subject
to the following conditions:
(i) We prohibit night hunting from \1/2\ hour after legal sunset
until \1/2\ hour before legal sunrise the following day.
(ii) We allow the use of dogs consistent with State regulations.
(3) Big game hunting. We allow hunting of bear, white-tailed deer,
coyote, turkey, and moose on designated areas of the refuge subject to
the following conditions:
(i) We allow the use of dogs consistent with State regulations.
(ii) Hunters must retrieve all species harvested on the refuge.
(iii) We allow temporary blinds and tree stands that are clearly
marked with the owner's State hunting license number. You may erect
temporary blinds and tree stands no earlier than 14 days prior to the
hunting season, and you must remove them within 14 days after the
hunting season (see Sec. 27.93 of this chapter).
(4) Sport fishing. We allow sport fishing on designated areas of
the refuge.
0
19. Revise Sec. 32.39 to read as follows:
Sec. 32.39 Maryland.
The following refuge units are open for hunting and/or fishing as
governed by applicable Federal and State regulations, and are listed in
alphabetical order with additional refuge-specific regulations.
(a) Blackwater National Wildlife Refuge--(1) Migratory game bird
hunting. We allow hunting of goose and duck on designated areas of the
refuge subject to the following conditions:
(i) You must obtain, and possess while hunting, a refuge waterfowl
hunting permit (signed brochure or printed and signed copy of permit
from Recreation.gov).
(ii) Up to three additional hunters may accompany you on your
reserved unit.
(iii) We allow the use of dogs consistent with State regulations.
(2) [Reserved]
(3) Big game hunting. We allow the hunting of white-tailed deer,
sika deer, and turkey on designated areas of the refuge subject to the
following conditions:
(i) The general hunt regulations for this paragraph (a)(3) are:
(A) You must obtain, and possess while hunting, a turkey or deer
hunting permit (printed and signed copy of permit from Recreation.gov).
(B) We prohibit organized deer drives unless authorized by the
refuge manager. 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(s) who is part of the organized or
planned hunt and known to be waiting for the deer.
(C) We prohibit shooting a projectile from a firearm, muzzleloader,
bow, or crossbow from, down, or across any road that is traveled by
vehicular traffic.
(D) We prohibit the use of rimfire or centerfire rifles and all
handguns, including muzzleloading pistols, for hunting.
(ii) We do not allow archery deer hunters to hunt within areas
designated for the youth hunt on designated days.
(iii) We allow turkey hunt permit holders (printed and signed copy
of permit from Recreation.gov) to have an assistant, who must remain
within sight and normal voice contact and abide by the rules set forth
in the refuge's turkey brochure.
(iv) We allow youth deer and turkey hunters to hunt on designated
areas on designated days (youth hunt) if they meet the criteria of a
``youth hunter'' as governed by State law and possess a turkey or deer
hunting permit (printed and signed copy of permit from Recreation.gov).
(v) For the designated disabled hunt: (A) We require disabled
hunters to have their America the Beautiful Access pass (OMB Control
1024-0252) in their
[[Page 54117]]
possession while hunting in disabled areas.
(B) Disabled hunters may have an assistant, age 18 or older, who
must remain within sight and normal voice contact while hunting.
Assistants must possess a printed and signed copy of a permit from
Recreation.gov and a valid government-issued photo identification.
(4) Sport fishing. We allow sport fishing and crabbing on
designated areas of the refuge subject to the following conditions:
(i) We allow fishing and crabbing only from April 1 through
September 30 from legal sunrise to legal sunset in refuge waters,
unless otherwise authorized by the refuge manager.
(ii) We allow fishing and crabbing by boat in the Big Blackwater
and the Little Blackwater River.
(b) Eastern Neck National Wildlife Refuge. (1)-(2) [Reserved]
(3) Big game hunting. We allow hunting of white-tailed deer and
turkey on designated areas of the refuge subject to the following
conditions:
(i) General hunt regulations for this paragraph (b)(3). (A) You
must obtain, and possess while hunting, a deer or turkey hunting permit
(printed and signed copy of permit from Recreation.gov).
(B) We prohibit shooting a projectile from a firearm, muzzleloader,
bow, or crossbow from, down, or across any road that is traveled by
vehicular traffic.
(C) We prohibit the use of rimfire or centerfire rifles and all
handguns, including muzzleloading pistols, for hunting.
(ii) We allow youth deer hunters to hunt on designated areas on
designated days (youth hunt) if they meet the criteria of a ``youth
hunter'' as governed by State law and possess a printed and signed copy
of a permit from Recreation.gov.
(iii) For the designated disabled hunt: (A) We require disabled
hunters to have their America the Beautiful Access pass (OMB Control
1024-0252) in their possession while hunting in disabled areas.
(B) Disabled hunters may have an assistant who must be age 18 or
older and remain within sight and normal voice contact. Assistants must
possess a printed and signed copy of a permit from Recreation.gov and a
valid government-issued photo identification.
(4) Sport fishing. We allow sport fishing and crabbing in
designated areas of the refuge subject to the following conditions:
(i) We allow fishing and crabbing from designated shoreline areas
located at the Ingleside Recreation Area from legal sunrise to legal
sunset, April 1 through September 30.
(ii) We allow fishing from designated shoreline areas located at
the Chester River end of Boxes Point and Duck Inn Trails from legal
sunrise to legal sunset.
(c) Patuxent Research Refuge--(1) Migratory game bird hunting. We
allow hunting of goose, duck, and dove on designated areas of the
refuge subject to the following conditions:
(i) We require a National Wildlife Refuge System Hunt Application
(FWS Form 3-2439, Hunt Application--National Wildlife Refuge System),
and a signed Statement of Hunter Ethics (FWS Form 3-2516).
(ii) We prohibit hunting and scouting on Sundays and Federal
holidays. No hunt-related activities may take place unless the Hunting
Control Station is open.
(iii) We allow the use of dogs consistent with State regulations.
(iv) We prohibit wading in all impounded waters except for the
placement and retrieval of decoys.
(2) Upland game hunting. We allow hunting of gray squirrel, eastern
cottontail rabbit, and woodchuck on designated areas of the refuge
subject to the following condition: The conditions set forth at
paragraphs (c)(1)(i) through (iii) of this section apply.
(3) Big game hunting. We allow hunting of turkey and white-tailed
deer on designated areas of the refuge subject to the following
conditions:
(i) The conditions set forth at paragraphs (c)(1)(i) and (ii)
apply.
(ii) We prohibit organized deer drives. 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(s) who is
part of the organized or planned hunt and known to be waiting for the
deer.
(4) Sport fishing. We allow sport fishing on designated areas of
the refuge subject to the following conditions:
(i) We require a National Wildlife Refuge System Fishing/Shrimping/
Crabbing/Frogging Application (FWS Form 3-2358).
(ii) We prohibit the use and/or possession of lead sinkers.
0
20. Amend Sec. 32.40 by revising paragraphs (a), (b), (c), (d), (f),
(g), and (h) to read as follows:
Sec. 32.40 Massachusetts.
* * * * *
(a) Assabet River National Wildlife Refuge--(1) Migratory game bird
hunting. We allow hunting of waterfowl and woodcock on designated areas
of the refuge subject to the following conditions:
(i) We allow hunters to enter the refuge 1\1/2\ hours before legal
shooting hours, and they must exit the refuge by 1\1/2\ hours after
legal shooting hours.
(ii) Hunters must obtain and possess a refuge-specific hunting
permit (FWS Form 3-2439, Hunt Application--National Wildlife Refuge
System) to hunt on the refuge.
(iii) You may begin scouting hunting areas 4 weeks prior to the
opening day of your permitted season. We require possession of a valid
refuge hunting permit (FWS Form 3-2439, Hunt Application--National
Wildlife Refuge System) while scouting.
(iv) We allow the use of dogs consistent with State regulations.
(v) 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 with the
hunter.
(vi) Hunters may use temporary tree stands and ground blinds while
engaged in hunting during the applicable seasons. Hunters must mark
stands and blinds with their permit number. Hunters must remove all
stands and blinds within 30 days after the end of the permitted season.
(vii) Migratory waterfowl hunting hours are \1/2\ hour before legal
sunrise to legal sunset.
(2) Upland game hunting. We allow hunting of ruffed grouse, fox,
coyote, gray squirrel, and cottontail rabbit on designated areas of the
refuge subject to the following conditions:
(i) The conditions set forth at paragraphs (a)(1)(i) through (vi)
of this section apply.
(ii) Upland and big game hunting hours are \1/2\ hour before legal
sunrise to \1/2\ hour after legal sunset.
(iii) North Unit B, Unit C, and South Unit are archery only.
(iv) We prohibit the use of handguns or rifles for hunting.
(3) Big game hunting. We allow hunting of white-tailed deer,
turkey, and bear on designated areas of the refuge subject to the
following conditions:
(i) The conditions set forth at paragraphs (a)(1)(i) through (iii),
(v), and (vi), and (2)(ii) through (iv) of this section apply.
(ii) We prohibit organized deer drives. 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(s) who is
part of the organized or planned hunt and known to be waiting for the
deer.
(4) Sport fishing. We allow sport fishing on designated areas of
the refuge subject to the following conditions:
[[Page 54118]]
(i) We allow catch-and-release fishing only.
(ii) We allow the use of live bait with the exception of any
amphibians or reptiles (frogs, salamanders, etc.).
(b) Great Meadows National Wildlife Refuge--(1) Migratory game bird
hunting. We allow hunting of waterfowl on designated areas of the
refuge subject to the following conditions:
(i) We allow hunters to enter the refuge 1\1/2\ hours before legal
shooting hours, and they must exit the refuge by 1\1/2\ hours after
legal shooting hours.
(ii) Hunters must obtain and possess a refuge-specific hunting
permit (FWS Form 3-2439, Hunt Application--National Wildlife Refuge
System) to hunt on the refuge.
(iii) Hunters may begin scouting hunting areas 4 weeks prior to the
opening day of your permitted season. We require possession of a valid
hunting permit (FWS Form 3-2439, Hunt Application--National Wildlife
Refuge System) while scouting.
(iv) 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 with the
hunter.
(v) Hunters may use temporary tree stands and ground blinds while
engaged in hunting during the applicable seasons. Hunters must mark
stands and blinds with their permit number. Hunters must remove all
stands and blinds within 30 days after the end of the permitted season.
(vi) We allow the use of dogs consistent with State regulations.
(vii) Migratory waterfowl hunting hours are \1/2\ hour before legal
sunrise to legal sunset.
(2) Upland game hunting. We allow hunting of coyote on designated
areas of the refuge subject to the following conditions:
(i) The conditions set forth at paragraphs (b)(1)(i) through (iii),
(iv), and (vi) of this section apply.
(ii) Upland and big game hunting hours are \1/2\ hour before legal
sunrise to \1/2\ hour after legal sunset.
(iii) We allow archery hunting only for upland game.
(3) Big game hunting. We allow archery hunting of whitetail deer,
turkey, and bear on designated areas of the refuge subject to the
following conditions:
(i) The conditions set forth at paragraphs (b)(1)(i) through (v)
and (b)(2)(ii) of this section apply.
(ii) We prohibit organized deer drives. 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(s) who is
part of the organized or planned hunt and known to be waiting for the
deer.
(4) Sport fishing. We allow sport fishing on designated areas of
the refuge.
(c) Mashpee National Wildlife Refuge--(1) Migratory game bird
hunting. We allow migratory game bird hunting on designated areas of
the refuge subject to the following conditions:
(i) We allow hunters to access the refuge 1\1/2\ hours before legal
shooting hours until 1\1/2\ hours after legal shooting hours.
(ii) Hunters may begin scouting hunting areas 4 weeks prior to the
opening day of your permitted season. We require possession of a valid
refuge hunting permit (FWS Form 3-2439, Hunt Application--National
Wildlife Refuge System) while scouting.
(iii) We allow the use of dogs consistent with State regulations.
(iv) 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 with the
hunter.
(v) Hunters must clearly label tree stands and ground blinds with
their State hunting license number.
(vi) Migratory waterfowl hunting hours are \1/2\ hour before legal
sunrise to legal sunset.
(2) Upland game hunting. We allow hunting of coyote, fox, raccoon,
opossum, gray squirrel, quail, pheasant, crow, and ruffed grouse on
designated areas of the refuge subject to the following conditions:
(i) The conditions set forth at paragraphs (c)(1)(i) through (iv)
of this section apply.
(ii) Upland and big game hunting hours are \1/2\ hour before legal
sunrise to \1/2\ hour after legal sunset.
(3) Big game hunting. We allow hunting of white-tailed deer and
wild turkey on designated areas of the refuge subject to the following
conditions:
(i) The conditions set forth at paragraphs (c)(1)(i), (ii), (iv),
and (v), and (c)(2)(ii) of this section apply.
(ii) We prohibit organized deer drives. 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(s) who is
part of the organized or planned hunt and known to be waiting for the
deer.
(4) [Reserved]
(d) Monomoy National Wildlife Refuge--(1) Migratory game bird
hunting. We allow hunting of migratory waterfowl on designated areas of
the refuge by boat subject to the following condition: We allow the use
of dogs consistent with State regulations.
(2)-(3) [Reserved]
(4) Sport fishing. We allow sport fishing on designated areas of
the refuge subject to the following conditions:
(i) We allow fishing from legal sunrise to legal sunset on
designated portions of the Monomoy Islands unless otherwise posted.
(ii) We allow surf fishing from the Morris Island shore 24 hours a
day.
* * * * *
(f) Oxbow National Wildlife Refuge--(1) Migratory game bird
hunting. We allow hunting of waterfowl, woodcock, and Wilson's snipe on
designated areas of the refuge subject to the following conditions:
(i) We allow hunters to enter the refuge 1\1/2\ hours before legal
shooting hours, and they must exit the refuge by 1\1/2\ hours after
legal shooting hours.
(ii) Hunters must obtain and possess a refuge-specific hunting
permit (FWS Form 3-2439, Hunt Application--National Wildlife Refuge
System) to hunt on the refuge.
(iii) Hunters may begin scouting hunting areas 4 weeks prior to the
opening day of your permitted season. We require possession of a valid
refuge hunting permit (FWS Form 3-2439, Hunt Application--National
Wildlife Refuge System) while scouting.
(iv) We allow the use of dogs consistent with State regulations.
(v) Hunters may use temporary tree stands and ground blinds while
engaged in hunting during the applicable seasons. Hunters must mark
stands and blinds with their permit number. Hunters must remove all
stands and blinds within 30 days after the end of the permitted season.
(vi) 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 with the
hunter.
(vii) Migratory waterfowl hunting hours are \1/2\ hour before legal
sunrise to legal sunset.
(2) Upland game hunting. We allow hunting of ruffed grouse, gray
squirrel, coyote, fox, and eastern cottontail rabbit on designated
areas of the refuge subject to the following conditions:
(i) The conditions set forth at paragraphs (f)(1)(i) through (vi)
of this section apply.
(ii) Upland and big game hunting hours are \1/2\ hour before legal
sunrise to \1/2\ hour after legal sunset.
(iii) Hospital Road North Unit and Still River Depot Area are
archery only.
[[Page 54119]]
(iv) We prohibit the use of handguns or rifles for hunting.
(3) Big game hunting. We allow hunting of white-tailed deer,
turkey, and bear on designated areas of the refuge subject to the
following conditions:
(i) The conditions set forth at paragraphs (f)(1)(i) through (iii),
(v), and (vi) and (2)(ii) and (iv) of this section apply.
(ii) We prohibit organized deer drives. 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(s) who is
part of the organized or planned hunt and known to be waiting for the
deer.
(4) Sport fishing. We allow sport fishing in designated areas of
the refuge.
(g) Parker River National Wildlife Refuge--(1) Migratory game bird
hunting. We allow hunting of duck, goose, brant, coot, crow, merganser,
rail, snipe, and woodcock on designated areas of the refuge subject to
the following conditions:
(i) Hunters may enter the refuge \1/2\ hour before legal shooting
hours and must exit the refuge by \1/2\ hour after legal shooting
hours.
(ii) We prohibit the use of centerfire rifles and handguns to hunt
any species.
(iii) We prohibit shooting across refuge roads and within or into
administratively closed zones.
(iv) We prohibit launching motorized boats for scouting purposes
prior to hunting.
(v) We allow the use of dogs consistent with State regulations.
(vi) We allow crow hunting only from September 1 through February
28.
(vii) Migratory waterfowl hunting hours are \1/2\ hour before legal
sunrise to legal sunset.
(2) Upland game hunting. We allow hunting of ruffed grouse,
pheasant, cottontail rabbit, hare, gray squirrel, coyote, fox, raccoon,
and opossum on designated areas of the refuge subject to the following
conditions:
(i) The conditions set forth at paragraphs (g)(1)(i) through (iii),
and (v) (with the exception that we prohibit dogs while hunting
furbearers) of this section apply.
(ii) Upland and big game hunting hours are \1/2\ hour before legal
sunrise to \1/2\ hour after legal sunset.
(3) Big game hunting. We allow hunting of white-tailed deer and
wild turkey on designated areas of the refuge subject to the following
conditions:
(i) The conditions set forth at paragraphs (g)(1)(i) through (iii)
and (g)(2)(ii) of this section apply.
(ii) We allow hunting of white-tailed deer on Plum Island subject
to the following conditions:
(A) We allow archery, primitive firearms, shotgun, and crossbow (by
MassWildlife permit only, for certain disabled persons) hunting during
a designated 2-day hunt on the first Wednesday and Thursday of the
State shotgun deer season.
(B) You must have a lottery-issued hunt permit (FWS Form 3-2439,
Hunt Application--National Wildlife Refuge System) to hunt during this
2-day time period.
(iii) We allow hunting of deer and wild turkey in Areas A, B, C,
and D subject to the following condition: You may take deer using
archery equipment only.
(4) Sport fishing. We allow saltwater fishing on designated areas
of the refuge subject to the following conditions:
(i) We allow saltwater fishing on the ocean beach from legal
sunrise to legal sunset without a refuge permit.
(ii) Stage Island is open to fishing from legal sunrise to legal
sunset.
(iii) Nelson Island is open to fishing from legal sunrise to legal
sunset.
(iv) We allow walk-on night fishing after legal sunset with a valid
refuge permit (FWS Form 3-2358, National Wildlife Refuge System
Fishing/Shrimping/Crabbing/Frogging Application; vehicle sticker issued
by the refuge office).
(v) We allow anglers to use over-the-sand, surf-fishing vehicles,
or off-road vehicles (ORVs) with a valid refuge permit (FWS Form 3-
2439, Hunt Application--National Wildlife Refuge System) and permit
fee, as determined in an annual lottery.
(h) Silvio O. Conte National Fish and Wildlife Refuge--(1)
Migratory game bird hunting. We allow hunting of migratory game birds
on designated areas subject to the following conditions:
(i) Hunters may access the refuge 1\1/2\ hours before legal sunrise
until 1\1/2\ hours after legal sunset.
(ii) We prohibit access to Third Island between January 1 and June
30.
(iii) We allow the use of dogs consistent with State regulations.
(iv) Migratory waterfowl hunting hours are \1/2\ hour before legal
sunrise to legal sunset.
(2) Upland game hunting. We allow hunting of upland game on
designated areas of the refuge subject to the following conditions:
(i) The conditions set forth at paragraphs (h)(1)(i) through (iii)
of this section apply.
(ii) Upland and big game hunting hours are \1/2\ hour before legal
sunrise to \1/2\ hour after legal sunset.
(3) Big game hunting. We allow hunting of big game on designated
areas of the refuge subject to the following condition: The conditions
set forth at paragraphs (h)(1)(i) and (h)(2)(ii) of this section apply.
(4) Sport fishing. We allow sport fishing on designated areas of
the refuge subject to the following conditions:
(i) The conditions set forth at paragraphs (h)(1)(i) and (ii) of
this section apply.
(ii) We prohibit launching of motorboats from the refuge.
(iii) We prohibit the use of reptiles and amphibians as bait.
0
21. Amend Sec. 32.42 by revising paragraphs (b)(2) introductory text,
(m)(1)(v), and (o) to read as follows:
Sec. 32.42 Minnesota.
* * * * *
(b) * * *
(2) Upland game hunting. We allow hunting of ring-necked pheasant,
Hungarian partridge, cottontail and jack rabbit, raccoon, striped
skunk, gray and fox squirrel, red and gray fox, and wild turkey on
designated areas of the refuge subject to the following conditions:
* * * * *
(m) * * *
(1) * * *
(v) We allow hunting on the Spieker tract in Clay County, as
governed by applicable State regulations.
* * * * *
(o) Rydell National Wildlife Refuge--(1) Migratory game bird
hunting. We allow hunting of goose, duck, coot, woodcock, and mourning
dove on designated areas of the refuge subject to the following
conditions:
(i) We only allow hunting of goose, duck, and coot during the
special State-administered youth waterfowl season.
(ii) We allow the use of dogs while hunting, provided the dog is
under the immediate control of the hunter at all times.
(iii) Hunters must dismantle hunting blinds, platforms, and ladders
made from natural vegetation at the end of each day.
(iv) We allow nonmotorized boats in areas open to migratory bird
hunting during the special State-administered youth waterfowl season.
(v) We prohibit hunting during the Spring Light Goose Conservation
Order.
(vi) We allow the use of wheeled, nonmotorized conveyance devices
(e.g., bikes, game carts).
(vii) We prohibit entry onto the refuge earlier than 2 hours before
legal shooting time, and we require hunters to leave the refuge no
later than 2 hours after legal shooting time.
(2) Upland game hunting. We allow hunting of ring-necked pheasant,
gray
[[Page 54120]]
(Hungarian) partridge, ruffed grouse, prairie grouse, rabbit
(cottontail and jack), snowshoe hare, squirrel (fox and gray), and wild
turkey on designated areas of the refuge subject to the following
conditions:
(i) The conditions set forth at paragraphs (o)(1)(ii), (iii), (vi),
and (vii) of this section apply.
(ii) You may use or possess only approved nontoxic shot shells (see
Sec. 32.2(k)) in the field while hunting turkey.
(iii) We prohibit the use of centerfire, rimfire, or muzzleloading
rifles, and handguns.
(3) Big game hunting. We allow hunting of white-tailed deer on
designated areas of the refuge subject to the following conditions:
(i) We prohibit shooting at a big game animal or a decoy of a big
game animal on, from, over, across, or within 30 feet (9 meters) of a
roadway open to public vehicle transportation.
(ii) We require a State-issued permit to hunt white-tailed deer in
the Special Permit Area of the refuge.
(iii) Archery is the only legal weapon for hunting deer, with the
exception of during the special State-administered mentored youth hunt
and disabled hunt.
(4) Sport fishing. We allow sport fishing on designated areas of
the refuge subject to the following conditions:
(i) We prohibit the taking of any turtle, frog, leech, minnow,
crayfish, and mussel (clam) species by any method on the refuge (see
Sec. 27.21 of this chapter).
(ii) We allow fishing from May 1 through November 1.
* * * * *
0
22. Amend Sec. 32.43 by:
0
a. Revising paragraphs (b)(1) and (2);
0
b. Removing paragraph (b)(4)(i) and (v);
0
c. Redesignating (b)(4)(ii) through (iv) as (b)(4)(i) through (iii);
0
d. Revising paragraphs (c), (e), (f)(2) and (3), (g)(1)(i), (iv), and
(x), (g)(2), (g)(3)(i) and (v), (g)(4)(iv), (h)(1)(i) and (v), (h)(2),
(h)(3)(iv) and (vi), (h)(4)(i), (i)(1)(i) and (v), (i)(2), (i)(3)(iv),
(vi), and (viii), (i)(4)(i), (l), and (m)(1)(i) and (v);
0
e. Adding new paragraph (m)(1)(xi); and
0
f. Revising paragraphs (m)(2)(ii) and (iii), and (m)(3)(i), (iv), (vi),
and (vii); and
0
g. Adding new paragraph (m)(3)(viii).
The revisions and addition read as follows:
Sec. 32.43 Mississippi.
* * * * *
(b) * * *
(1) Migratory game bird hunting. We allow hunting of migratory
ducks, geese, mergansers, coot, rails, snipe, and woodcock on
designated areas of the refuge subject to the following conditions:
(i) All hunters age 16 and older must possess a State-issued North
Mississippi NWR hunting permit (code 606, available from the
Mississippi Department of Wildlife, Fisheries, and Parks). While
hunting on the refuge, all persons age 15 and younger (``youth
hunter'') must be in the presence and under the direct supervision of a
licensed or exempt hunter age 21 or older. A hunter supervising a youth
hunter must hold all required licenses and permits.
(ii) Hunters may enter the refuge at 4 a.m. and must exit the
refuge no later than 12 p.m. (noon).
(iii) We allow hunting of migratory game birds, including under the
Light Goose Conservation Order, only on Wednesdays, Saturdays, and
Sundays.
(iv) Each hunter must obtain a daily Migratory Bird Hunt Report
(FWS Form 3-2361). You must display the card in plain view on the
dashboard of your vehicle so that the State-issued license number is
readable. Prior to leaving the refuge, you must complete the reverse
side of the card and deposit it at one of the refuge information
stations. Include all game harvested, and if you harvest no game,
report ``0.'' We prohibit hunters possessing more than one Migratory
Bird Hunt Report at a time.
(v) It is unlawful to hunt from or shoot into the 100-foot (30.5-
meter) zone along either side of designated roads and parking lots.
(vi) We allow the use of dogs on the refuge when hunting migratory
game birds.
(vii) You must remove decoys, blinds, boats, other personal
property, and litter from the hunting area following each morning's
hunt (see Sec. Sec. 27.93 and 27.94 of this chapter).
(viii) We allow no more than 25 shotshells per person in the field.
(ix) We allow the take of beavers, coyotes, nutria, and feral hog
during daylight hours only during any open season with weapons and
ammunition legal for that season.
(2) Upland game hunting. We allow hunting of quail, squirrel, and
rabbit on designated areas of the refuge subject to the following
conditions:
(i) The conditions set forth at paragraphs (b)(1)(i), (ii), (v),
and (ix) of this section apply.
(ii) All hunters using shotguns for small game must use approved
nontoxic shot (see Sec. 32.2(k)).
* * * * *
(c) Dahomey National Wildlife Refuge--(1) Migratory game bird
hunting. We allow hunting of duck, goose, merganser, coot, rail, snipe,
woodcock, and dove on designated areas of the refuge subject to the
following conditions:
(i) All hunters age 16 and older must possess a North Mississippi
NWR hunting permit (code 606, available from the Mississippi Department
of Wildlife, Fisheries, and Parks). While hunting on the refuge, all
persons age 15 and younger (``youth hunter'') must be in the presence
and under the direct supervision of a licensed or exempt hunter at age
21 or older (``licensed hunter''). A hunter supervising a youth hunter
must hold all required licenses and permits.
(ii) Hunters may enter the refuge at 4 a.m. and must exit the
refuge no later than 2 hours after legal sunset except during raccoon
and frog hunts.
(iii) We allow hunting of waterfowl (ducks, teal, mergansers,
coots, and geese), rail and snipe, including under the Light Goose
Conservation Order, only on Wednesdays, Saturdays, and Sundays ending
at 12 p.m. (noon).
(iv) Each hunter must obtain a daily Migratory Bird Hunt Report
(FWS Form 3-2361). You must display the card in plain view on the
dashboard of your vehicle so that the State-issued license number is
readable. Prior to leaving the refuge, you must complete the card and
deposit it at one of the refuge information stations. Include all game
harvested, and if you harvest no game, report ``0.'' We prohibit
hunters possessing more than one Migratory Bird Hunt Report at a time.
(v) It is unlawful to hunt from or shoot into the 100-foot (30.5-
meter) zone along either side of designated roads and parking lots.
(vi) We allow the use of dogs on the refuge when hunting migratory
game birds and upland game. We prohibit the use of dogs during big game
hunts.
(vii) You must remove decoys, blinds, boats, other personal
property, and litter from the hunting area following each morning's
hunt (see Sec. Sec. 27.93 and 27.94 of this chapter).
(viii) We allow no more than 25 shotshells per person in the field.
(ix) We allow the take of coyote, beaver, nutria, and feral hog
incidental to other lawful hunting using legal methods of take.
(2) Upland game hunting. We allow hunting of quail, squirrel,
rabbit, and raccoon on designated areas of the refuge subject to the
following conditions:
(i) You must possess a valid general Special Use Permit (FWS Form
3-1383-G) to hunt raccoon on the refuge.
[[Page 54121]]
(ii) Each hunter must obtain a daily Upland/Small Game/Furbearer
Report (FWS Form 3-2362). You must display the card in plain view on
the dashboard of your vehicle so that the State-issued license number
is readable. Prior to leaving the refuge, you must complete the card
and deposit it at one of the refuge information stations. Include all
game harvested, and if you harvest no game, report ``0.'' We prohibit
hunters possessing more than one Upland/Small Game/Furbearer Report at
a time.
(iii) The conditions set forth at paragraphs (c)(1)(i), (ii), (v)
and (ix) of this section apply.
(3) Big game hunting. We allow hunting of white-tailed deer on
designated areas of the refuge subject to the following conditions:
(i) Each hunter must obtain a daily Big Game Harvest Report (FWS
Form 3-2359). You must display the card in plain view on the dashboard
of your vehicle so that the State-issued license number is readable.
Prior to leaving the refuge, you must complete the card and deposit it
at one of the refuge information stations. Include all game harvested,
and if you harvest no game, report ``0.'' We prohibit hunters
possessing more than one Big Game Harvest Report at a time.
(ii) The conditions set forth at paragraphs (c)(1)(i), (ii), (v),
and (ix) of this section apply.
(iii) We prohibit organized deer drives. 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(s) who is
part of the organized or planned hunt and known to be waiting for the
deer.
(iv) We prohibit hunting or shooting across any open, fallow, or
planted field.
(v) We allow valid permit holders to possess and hunt from one
portable stand or blind on the refuge. You must clearly label your
stand or blind with your State license/sportsmen's identification
number. Stands left in the area do not reserve the hunting locations.
You may place stands up to 7 days prior to the hunt, and you must
remove them within 7 days after the refuge's deer season closes (see
Sec. 27.93 of this chapter). We prohibit the placement of ground
blinds within mowed trails.
(vi) Hunters using a climbing tree stand must use a fall-arrest
system manufactured to Treestand Manufacturer's Association standards.
(vii) We prohibit the use of buckshot on the refuge.
(4) Sport fishing. We allow sport fishing on designated areas of
the refuge subject to the following conditions:
(i) We prohibit the use or possession of alcoholic beverages while
fishing.
(ii) We prohibit possession or use of jugs, seines, nets, hand-grab
baskets, slat traps/baskets, or any other similar devices.
(iii) We prohibit commercial fishing of any kind.
(iv) We only allow trotlines, yo-yos, limb lines, crawfish traps,
or any other similar devices and only for recreational use. You must
tag or mark these devices with the angler's State fishing license
number written with waterproof ink, legibly inscribed or legibly
stamped on the tag. You must attend these devices a minimum of once
every 24 hours. When not attended, you must remove these devices from
the refuge (see Sec. 27.93 of this chapter).
(v) We allow frogging and crawfishing.
* * * * *
(e) Hillside National Wildlife Refuge--(1) Migratory game bird
hunting. We allow hunting of goose, duck, merganser, coot, and dove on
designated areas of the refuge subject to the following conditions:
(i) Each person age 16 or older hunting or fishing must possess a
valid Theodore Roosevelt Complex Annual Public Use Permit (FWS Form 3-
2439, Hunt Application--National Wildlife Refuge System).
(ii) All youth hunters age 15 and younger must be in the presence
and direct supervision of a Mississippi licensed or exempt hunter, age
21 or older. One adult may supervise no more than one youth hunter.
(iii) Before hunting or fishing, all participants must display
their Daily Visitor Information/Harvest Report Card (Big Game Harvest
Report, FWS Form 3-2359) in plain view in their vehicle so that the
State-issued license number is readable. You must return all cards upon
completion of the activity and before leaving the refuge.
(iv) We prohibit all other public use on the refuge during the
muzzleloader deer and limited draw turkey hunts.
(v) Valid permit holders may incidentally take opossum, coyote,
beaver, bobcat, and nutria in any refuge hunt season with weapons legal
for that hunt. Valid permit holders may incidentally take feral hog
during deer and turkey hunts only.
(vi) We prohibit hunting or shooting into a 100-foot (30.5-meter)
zone along either side of pipelines, power line rights-of-way,
designated roads, and trails, and around parking lots. It is considered
hunting if you have a loaded weapon, if you have a nocked arrow while
bow hunting, or if you are in an elevated tree stand or ground blind
with a means to take, within these areas.
(vii) Hunters must remove all decoys, blind material, and harvested
waterfowl from the area no later than 1 p.m. each day (see Sec. 27.93
of this chapter).
(viii) We allow the use of dogs for retrieving migratory birds.
(ix) We allow goose, duck, merganser, and coot hunting beginning
\1/2\ hour before legal sunrise until 12 p.m. (noon).
(x) We do not open for early teal season.
(xi) We limit waterfowl hunters to 25 shotshells per person in the
field.
(2) Upland game hunting. We allow hunting of squirrel, rabbit,
quail, raccoon, opossum, coyote, beaver, bobcat, and nutria on
designated areas of the refuge subject to the following conditions:
(i) The conditions set forth at paragraphs (e)(1)(i) through (vi)
of this section apply.
(ii) We allow the use of dogs for hunting squirrel, raccoon, and
quail, and for the February rabbit hunt.
(iii) Beginning the first day after the deer muzzleloader hunt, we
prohibit entry into the Turkey Point area until March 1.
(3) Big game hunting. We allow hunting of white-tailed deer,
turkey, and feral hog on designated areas of the refuge subject to the
following conditions:
(i) The conditions set forth at paragraphs (e)(1)(i) through (vi)
and (e)(2)(iii) of this section apply.
(ii) We prohibit organized drives. We define a ``drive'' as an
organized or planned effort to pursue, drive, chase, or otherwise
frighten or cause game to move in the direction of any person(s) who is
part of the organized or planned hunt and known to be waiting for the
game.
(iii) Hunting or shooting within or adjacent to open fields and
tree plantations less than 5 feet (1.5 meters (m)) in height must be
from a stand a minimum of 10 feet (3 m) above the ground.
(iv) The refuge brochure provides deer check station locations and
requirements. Prior to leaving the refuge, you must check all harvested
deer at the nearest self-service check station (Big Game Harvest
Report, FWS Form 3-2359) following the posted instructions.
(v) Hunters may possess and hunt from only one stand or blind.
Hunters may place a deer stand or blind 48 hours prior to a hunt and
must remove it within 48 hours after each designated
[[Page 54122]]
hunt (see Sec. 27.93 of this chapter), with the exception of closed
areas where special regulations apply.
(vi) During designated muzzleloader hunts, we allow archery
equipment and muzzleloaders loaded with a single projectile; we
prohibit breech-loading firearms of any type.
(vii) Turkey hunting opportunities will consist of three limited
draw hunts within the State season time frame. Limited draw hunts
require a Limited Hunt Permit (FWS Form 3-2439, Hunt Application--
National Wildlife Refuge System) assigned by random computer drawing.
At the end of the hunt, you must return the permit with information
concerning the hunt to the refuge. Failure to return this permit will
disqualify the hunter for any limited hunts the next year.
(4) Sport fishing. We allow sport fishing on designated areas of
the refuge subject to the following conditions:
(i) The conditions set forth at paragraphs (e)(1)(i), (iii), (iv),
and (e)(2)(iii) of this section apply.
(ii) We prohibit trotlines, limb lines, jugs, seines, and traps.
(iii) We allow frogging during the State bullfrog season.
(iv) We allow fishing in the borrow ponds along the north levee
throughout the year except during the muzzleloader deer hunt.
(v) We open all other refuge waters to fishing March 1 through
November 15.
(f) * * *
(2) Upland game hunting. We allow hunting of rabbit, opossum,
coyote, beaver, bobcat, and nutria on designated areas of the refuge
subject to the following conditions:
(i) Each person age 16 or older hunting or fishing must possess a
valid Theodore Roosevelt Complex Annual Public Use Permit (FWS Form 3-
2439, Hunt Application--National Wildlife Refuge System)).
(ii) All youth hunters age 15 and younger must be in the presence
and direct supervision of a Mississippi licensed or exempt hunter, age
21 or older. One adult may supervise no more than one youth hunter.
(iii) Before hunting or fishing, all participants must display
their Daily Visitor Information/Harvest Report Card (Big Game Harvest
Report, FWS Form 3-2359) in plain view in their vehicle so that the
required information is readable. You must return all cards upon
completion of the activity and before leaving the refuge.
(iv) We prohibit all other public use on the refuge during the
muzzleloader deer hunt.
(v) Valid permit holders may incidentally take opossum, coyote,
beaver, bobcat, and nutria in any refuge hunt season with weapons legal
for that hunt. Valid permit holders may incidentally take feral hog
during deer hunts only.
(vi) We allow the use of dogs for hunting during the February
rabbit hunt.
(vii) We prohibit hunting or shooting into a 100-foot (30.5-meter
(m)) zone along either side of pipelines, power line rights-of-way,
designated roads, and trails, and around parking lots. It is considered
hunting if you have a loaded weapon, if you have a nocked arrow while
bow hunting, or if you are in an elevated tree stand or ground blind
with a means to take, within these areas.
(3) Big game hunting. We allow hunting of white-tailed deer and
feral hog on designated areas of the refuge subject to the following
conditions:
(i) The conditions set forth at paragraphs (f)(2)(i) through (iii),
(v), and (vii) of this section apply.
(ii) We prohibit organized drives. We define a ``drive'' as an
organized or planned effort to pursue, drive, chase, or otherwise
frighten or cause game to move in the direction of any person(s) who is
part of the organized or planned hunt and known to be waiting for the
game.
(iii) Hunting or shooting within or adjacent to open fields or tree
plantations less than 5 feet (1.5 m) in height must be from a stand a
minimum of 10 feet (3 m) above the ground.
(iv) Hunters may possess and hunt from only one stand or blind.
Hunters may place a deer stand or blind 48 hours prior to a hunt and
must remove it within 48 hours after each designated hunt (see Sec.
27.93 of this chapter), with the exception of closed areas where
special regulations apply.
(v) During designated muzzleloader hunts, we allow archery
equipment and muzzleloaders loaded with a single projectile; we
prohibit breech-loading firearms of any type.
* * * * *
(g) * * *
(1) * * *
(i) Each person age 16 or older who is hunting or fishing must
possess a valid Theodore Roosevelt Complex Annual Public Use Permit
(FWS Form 3-2439, Hunt Application--National Wildlife Refuge System).
* * * * *
(iv) Valid permit holders may incidentally take opossum, coyote,
beaver, bobcat, and nutria in any refuge hunt season with weapons legal
for that hunt. Valid permit holders may incidentally take feral hog
during deer hunts only.
* * * * *
(x) We allow hunting during open State seasons. The first 2 days of
the season and all weekends, with the exception of youth weekends, are
limited draw hunts. These hunts require a Limited Hunt Permit (FWS Form
3-2439, Hunt Application--National Refuge System) assigned by random
computer drawing. At the end of the hunt, you must return the permit
with information concerning your hunt. If you fail to return this
permit, you will not be eligible for any limited hunts the next year.
* * * * *
(2) Upland game hunting. We allow hunting of squirrel, rabbit,
raccoon, opossum, coyote, beaver, bobcat, and nutria on designated
areas of the refuge subject to the following conditions:
(i) The conditions set forth at paragraphs (g)(1)(i) through (v) of
this section apply.
(ii) We allow the use of dogs for hunting squirrel and raccoon, and
for the February rabbit hunt.
(iii) Beginning the day before waterfowl season, we restrict
hunting to the waterfowl hunt area.
(3) * * *
(i) The conditions set forth at paragraphs (g)(1)(i) through (v)
and (g)(2)(iii) of this section apply.
* * * * *
(v) Hunters may possess and hunt from only one stand or blind.
Hunters may place a deer stand or blind 48 hours prior to a hunt and
must remove it within 48 hours after each designated hunt (see Sec.
27.93 of this chapter), with the exception of closed areas where
special regulations apply.
* * * * *
(4) * * *
(iv) We open refuge waters to fishing throughout the year, except
in the waterfowl sanctuary, which is closed one day prior to the
beginning of waterfowl season until March 1.
(h) * * *
(1) * * *
(i) Each person age 16 or older who is hunting or fishing must
possess a valid Theodore Roosevelt Complex Annual Public Use Permit
(FWS Form 3-2439, Hunt Application--National Wildlife Refuge System).
* * * * *
(v) Valid permit holders may incidentally take opossum, coyote,
beaver, bobcat, and nutria in any refuge hunt season with weapons legal
for that hunt. Valid permit holders may incidentally take feral hog
during deer hunts only.
* * * * *
(2) Upland game hunting. We allow hunting of squirrel, rabbit,
quail,
[[Page 54123]]
raccoon, opossum, coyote, beaver, bobcat, and nutria on designated
areas of the refuge subject to the following conditions:
(i) The conditions set forth at paragraphs (h)(1)(i) through (vi)
of this section apply.
(ii) We allow the use of dogs for hunting squirrel, quail, and
raccoon, and for the February rabbit hunt.
(3) * * *
(iv) The refuge brochure provides deer check station locations and
requirements. Prior to leaving the refuge, you must check all harvested
deer at the nearest self-service check station (Big Game Harvest
Report, FWS Form 3-2359) following the posted instructions.
* * * * *
(vi) During designated muzzleloader hunts, we allow archery
equipment and muzzleloaders loaded with a single projectile; we
prohibit breech-loading firearms of any type.
(4) * * *
(i) The conditions set forth at paragraphs (h)(1)(i), (iii), and
(iv) of this section apply.
* * * * *
(i) * * *
(1) * * *
(i) Each person age 16 or older who is hunting or fishing must
possess a valid Theodore Roosevelt Complex Annual Public Use Permit
(FWS Form 3-2439, Hunt Application--National Wildlife Refuge System).
* * * * *
(v) Valid permit holders may incidentally take opossum, coyote,
beaver, bobcat, and nutria in any refuge hunt season with weapons legal
for that hunt. Valid permit holders may incidentally take feral hog
during deer and turkey hunts only.
* * * * *
(2) Upland game hunting. We allow hunting of squirrel, rabbit,
quail, raccoon, opossum, coyote, beaver, bobcat, and nutria on
designated areas of the refuge subject to the following conditions:
(i) The conditions set forth at paragraphs (i)(1)(i) through (vi)
and (x) of this section apply.
(ii) We allow the use of dogs for hunting squirrel, quail, and
raccoon, and for the February rabbit hunt.
(3) * * *
(iv) The refuge brochure provides deer check station locations and
requirements. Prior to leaving the refuge, you must check all harvested
deer at the nearest self-service check station (Big Game Harvest
Report, FWS Form 3-2359) following the posted instructions.
* * * * *
(vi) During designated muzzleloader hunts, we allow archery
equipment and muzzleloaders loaded with a single projectile; we
prohibit breech-loading firearms of any type.
* * * * *
(viii) Limited draw hunts require a Limited Hunt Permit (FWS Form
3-2439, Hunt Application--National Wildlife Refuge System) assigned by
random computer drawing. At the end of the hunt, you must return the
permit with information concerning the hunt to the refuge. Failure to
return this permit will disqualify the hunter for any limited hunts the
next year.
* * * * *
(4) * * *
(i) The conditions set forth at paragraphs (i)(1)(i), (iii), (iv),
and (x) of this section apply.
* * * * *
(l) Tallahatchie River National Wildlife Refuge--(1) Migratory game
bird hunting. We allow hunting of duck, geese, merganser, coot, rail,
snipe, woodcock, and dove on designated areas of the refuge subject to
the following conditions:
(i) All hunters age 16 and older must possess a North Mississippi
NWR hunting permit (code 606, available from the Mississippi Department
of Wildlife, Fisheries, and Parks). While hunting on the refuge, all
persons age 15 and younger (``youth hunter'') must be in the presence
and under the direct supervision of a licensed or exempt hunter age 21
or older. A hunter supervising a youth hunter must hold all required
licenses and permits.
(ii) Hunters may enter the refuge at 4 a.m. and must exit the
refuge no later than 2 hours after legal sunset except during raccoon
and frog hunts.
(iii) We allow hunting of waterfowl (ducks, teal, mergansers, coot,
and geese), rail, and snipe, including under the Light Goose
Conservation Order, only on Wednesdays, Saturdays, and Sundays ending
at 12 p.m. (noon).
(iv) Each hunter must obtain a daily Migratory Bird Hunt Report
(FWS Form 3-2361). You must display the card in plain view on the
dashboard of your vehicle so that the State-issued license number is
readable. Prior to leaving the refuge, you must complete the card and
deposit it at one of the refuge information stations. Include all game
harvested, and if you harvest no game, report ``0.'' We prohibit
hunters possessing more than one Migratory Bird Hunt Report at a time.
(v) It is unlawful to hunt from or shoot into the 100-foot (30.5-
meter) zone along either side of designated roads and parking lots.
(vi) We allow the use of dogs on the refuge when hunting migratory
game birds and upland game. We prohibit the use of dogs during big game
hunts.
(vii) You must remove decoys, blinds, boats, other personal
property, and litter from the hunting area following each morning's
hunt (see Sec. Sec. 27.93 and 27.94 of this chapter).
(viii) We allow no more than 25 shotshells per person in the field.
(ix) We allow the take of beavers, coyotes, nutria, and feral hogs
during daylight hours only during any open season with weapons and
ammunition legal for that season.
(2) Upland game hunting. We allow hunting of quail, squirrel,
rabbit, nutria and raccoon on designated areas of the refuge subject to
the following conditions:
(i) The conditions set forth at paragraphs (l)(1)(i), (ii), (iv)
(substitute Big Game Harvest Report [FWS Form 3-2359] for Migratory
Bird Hunt Report [FWS Form 3-2361]), (v), and (ix) of this section
apply.
(ii) All hunters using shotguns for small game must use approved
nontoxic shot (see Sec. 32.2(k)).
(3) Big game hunting. We allow hunting of white-tailed deer and
feral hog on designated areas of the refuge subject to the following
conditions:
(i) The conditions set forth at paragraphs (l)(1)(i), (ii), and
(iv) (substitute Big Game Harvest Report [FWS Form 3-2359] for
Migratory Bird Hunt Report [FWS Form 3-2361]) of this section apply.
(ii) We prohibit dogs while hunting deer. We allow the use of dogs
to hunt feral hog during designated hog seasons.
(iii) We prohibit organized deer drives. 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(s) who is
part of the organized or planned hunt and known to be waiting for the
deer.
(iv) We prohibit hunting or shooting across any open, fallow, or
planted field.
(v) We allow valid permit holders to possess and hunt from one
portable stand or blind on the refuge. You must permanently and legibly
write your State hunting license number on all stands on the refuge.
Stands left on the area do not reserve the hunting locations. You may
place stands up to 7 days prior to the hunt, and you must remove them
no more than 7 days after the refuge's deer season closes (see Sec.
27.93 of this chapter). Ground blinds may not be placed within mowed
trails.
(vi) Hunters using climbing tree stands must use a fall-arrest
system
[[Page 54124]]
manufactured to Treestand Manufacturer's Association standards.
(vii) We prohibit the use of buckshot on the refuge.
(4) Sport fishing. We allow sport fishing on designated areas of
the refuge subject to the following conditions:
(i) We prohibit the use or possession of alcoholic beverages while
fishing.
(ii) We prohibit possession or use of jugs, seines, nets, hand-grab
baskets, slat traps/baskets, or any other similar devices.
(iii) We prohibit commercial fishing of any kind.
(iv) We only allow trotlines, yo-yos, limb lines, crawfish traps,
or any other similar devices for recreational use. You must tag or mark
these devices with the angler's State fishing license number written in
waterproof ink, legibly inscribed or legibly stamped on the tag. You
must attend these devices a minimum of once every 24 hours. When not
attended, you must remove them from the refuge (see Sec. 27.93 of this
chapter).
(v) We prohibit snagging or attempting to snag fish.
(vi) We allow frogging and crawfishing.
(m) * * *
(1) * * *
(i) Each person age 16 or older who is hunting or fishing must
possess a valid Theodore Roosevelt Complex Annual Public Use Permit
(FWS Form 3-2439, Hunt Application--National Wildlife Refuge System).
* * * * *
(v) Valid permit holders may incidentally take opossum, coyote,
beaver, bobcat, and nutria in any refuge hunt season with weapons legal
for that hunt. Valid permit holders may incidentally take feral hog
during deer hunts only.
* * * * *
(xi) Limited draw hunts require a Limited Hunt Permit (FWS Form 3-
2439, Hunt Application--National Wildlife Refuge System) assigned by
random computer drawing. At the end of the hunt, you must return the
permit with information concerning that hunt to the refuge. Failure to
return this permit will disqualify the hunter for any limited hunts the
next year.
(2) * * *
(ii) We allow the use of dogs for hunting squirrel and raccoon, and
for the February rabbit hunt.
(iii) We allow rabbit hunting on the Brown Tract of Theodore
Roosevelt National Wildlife Refuge that is managed by Yazoo National
Wildlife Refuge.
(3) * * *
(i) The conditions set forth at paragraphs (m)(1)(i) through (vi)
and (xi) of this section apply.
* * * * *
(iv) The refuge brochure provides deer check station locations and
requirements. Prior to leaving the refuge, you must check all harvested
deer at the nearest self-service check station (Big Game Harvest
Report, FWS Form 3-2359) following the posted instructions.
* * * * *
(vi) During designated muzzleloader hunts, we allow archery
equipment and muzzleloaders loaded with a single projectile; we
prohibit breech-loading firearms of any type.
(vii) Limited draw hunts require a Limited Hunt Permit (FWS Form 3-
2439, Hunt Application--National Wildlife Refuge System) assigned by
random computer drawing. At the end of the hunt, you must return the
permit with information concerning the hunt to the refuge. Failure to
return this permit will disqualify the hunter for any limited hunts the
next year.
(viii) We allow white-tailed deer hunting on the Brown Tract of
Theodore Roosevelt National Wildlife Refuge that is managed by Yazoo
National Wildlife Refuge.
* * * * *
0
23. Amend Sec. 32.45 by:
0
a. Revising paragraph (n)(1)(v);
0
b. Adding paragraph (n)(2);
0
c. Removing paragraph (n)(3)(iv);
0
d. Redesignating paragraphs (n)(3)(v) through (n)(3)(viii) as
paragraphs (n)(3)(iv) through (n)(3)(vii);
0
e. Revising paragraph (w)(3) introductory text and (w)(3)(iii); and
0
f. Adding paragraph (w)(3)(iv).
The revisions and additions read as follows:
Sec. 32.45 Montana.
* * * * *
(n) * * *
(1) * * *
(v) Each hunter must set the appropriate blind selector (metal flip
tag) before and after hunting.
* * * * *
(2) Upland game hunting. We allow hunting of turkey on designated
areas of the refuge.
* * * * *
(w) * * *
(3) Big game hunting. We allow archery hunting of bear, elk, white-
tailed deer, and mule deer on designated areas of the refuge subject to
the following conditions:
* * * * *
(iii) You may install portable stands and blinds no sooner than
August 1, and you must remove them by December 15 of each year (see
Sec. 27.93 of this chapter).
(iv) We prohibit hunting of black bear during the State spring
season.
* * * * *
0
24. Amend Sec. 32.46 by:
0
a. Revising paragraphs (b) and (c);
0
b. Redesignating paragraphs (d) through (f) as paragraphs (e) through
(g);
0
c. Adding a new paragraph (d); and
0
d. Revising newly redesignated paragraphs (e), (f)(2) and (3), and (g).
The revisions and addition read as follows:
Sec. 32.46 Nebraska.
* * * * *
(b) Crescent Lake National Wildlife Refuge--(1) Migratory game bird
hunting. We allow hunting of coot, crow, dove, duck, goose, merganser,
rail, and snipe on designated areas of the refuge subject to the
following conditions:
(i) Hunters may access the refuge from 2 hours before legal sunrise
until 2 hours after legal sunset.
(ii) We allow the use of dogs.
(iii) We open the refuge to hunting from September 1 through March
15.
(iv) We prohibit publicly organized hunts unless authorized under a
Special Use Permit (FWS Form 3-1383-C).
(2) Upland game hunting. We allow hunting of cottontail and jack
rabbit, coyote, porcupine, prairie dog, State-defined furbearers, ring-
necked pheasant, and prairie grouse on designated areas of the refuge
subject to the following conditions:
(i) The conditions set forth at paragraphs (b)(1)(i) through (iv)
of this section apply.
(ii) We allow electronic calls for coyote and furbearer hunting.
(iii) Coyotes and all furbearers or their parts, if left in the
field, must be left at least 50 yards away from any road, trail, or
building. Otherwise, hunters must remove them from the refuge.
(iv) Shooting hours are from \1/2\ hour before legal sunrise until
\1/2\ hour after legal sunset.
(3) Big game hunting. We allow hunting of white-tailed deer, mule
deer, and pronghorn antelope on designated areas of the refuge subject
to the following condition: The conditions set forth at paragraphs
(b)(1)(i), (iii), and (iv) of this section apply.
(4) Sport fishing. We allow sport fishing on designated areas of
the refuge subject to the following conditions:
(i) Anglers may enter the refuge 1 hour before legal sunrise and
remain until 1 hour after legal sunset.
(ii) We open Blue, Smith, Crane, and Island Lake to fishing year-
round. We close all other refuge lakes to fishing.
[[Page 54125]]
(iii) We prohibit leaving temporary shelters used for fishing
overnight on the refuge.
(c) Fort Niobrara National Wildlife Refuge--(1) Migratory game bird
hunting. We allow hunting of coot, crow, dark goose, dove, duck, light
goose, rail, snipe, teal, and woodcock on designated areas of the
refuge subject to the following conditions:
(i) Hunters and anglers may access the refuge from 2 hours before
legal sunrise until 2 hours after legal sunset.
(ii) We allow access from designated areas of the refuge.
(iii) You must remove all blinds and decoys at the conclusion of
each day's hunt (see Sec. 27.93 of this chapter).
(iv) We allow the use of dogs when hunting August 1 through April
30.
(2) Upland game hunting. We allow hunting of badger, bobcat,
coyote, fox, long-tailed weasel, mink, opossum, prairie dog, porcupine,
rabbit, hare, raccoon, skunk, squirrel, woodchuck, State-defined
furbearers, greater prairie chicken, grouse, partridge, pheasant,
quail, and turkey on designated areas of the refuge subject to the
following conditions:
(i) The conditions set forth at paragraphs (c)(1)(i), (ii), and
(iv) of this section apply.
(ii) We allow hunting with muzzleloader, archery, shotgun, and
falconry.
(iii) You may only possess nontoxic shot when hunting turkey (see
Sec. 32.2(k)).
(iv) Shooting hours for coyote, prairie dog, porcupine, woodchuck,
and State-defined furbearers are \1/2\ hour before legal sunrise to \1/
2\ hour after legal sunset.
(3) Big game hunting. We allow hunting of deer, elk, and pronghorn
antelope on designated areas of the refuge subject to the following
conditions:
(i) The conditions set forth at paragraphs (c)(1)(i) and (ii) of
this section apply.
(ii) We allow hunting only with muzzleloader and archery equipment.
(iii) We allow portable tree stands and ground blinds to be used
from August 16 through January 31.
(iv) We allow muzzleloader deer hunting subject to the following
condition: Hunters must possess a refuge hunt permit (FWS Form 3-2439,
Hunt Application--National Wildlife Refuge System) and comply with all
of its terms and conditions.
(4) Sport fishing. We allow fishing on Minnechaduza Creek and on
the Niobrara River, downstream from the Cornell Dam, subject to the
following conditions:
(i) The conditions set forth at paragraphs (c)(1)(i) and (ii) of
this section apply.
(ii) We prohibit the use of limb or set lines.
(iii) We prohibit the take of baitfish, reptiles, and amphibians.
(iv) We prohibit use or possession of alcoholic beverages while
fishing on refuge lands and waters.
(d) John W. and Louise Seier National Wildlife Refuge--(1)
Migratory game bird hunting. We allow hunting of coot, crow, dark
goose, dove, duck, light goose, merganser, rail, snipe, teal, and
woodcock on designated areas of the refuge subject to the following
conditions:
(i) Hunters may access the refuge from 2 hours before legal sunrise
until 2 hours after legal sunset.
(ii) You must remove all blinds and decoys at the conclusion of
each day's hunt (see Sec. 27.93 of this chapter).
(iii) We allow the use of dogs August 1 through April 31.
(2) Upland game hunting. We allow hunting of badger, bobcat,
coyote, fox, long-tailed weasel, mink, opossum, prairie dog, porcupine,
rabbit, hare, raccoon, skunk, squirrel, woodchuck, State-defined
furbearers, greater prairie chicken, grouse, partridge, pheasant,
quail, and turkey on designated areas of the refuge subject to the
following conditions:
(i) The conditions set forth at paragraphs (d)(1)(i) and (iii) of
this section apply.
(ii) You may only possess nontoxic shot when hunting turkey (see
Sec. 32.2(k)).
(iii) Shooting hours for coyote, prairie dog, porcupine, woodchuck,
and State-defined furbearers are \1/2\ hour before legal sunrise to \1/
2\ hour after legal sunset.
(3) Big game hunting. We allow hunting of deer, elk, and pronghorn
antelope on designated areas of the refuge subject to the following
conditions:
(i) The condition set forth at paragraph (d)(1)(i) of this section
applies.
(ii) We allow portable tree stands and ground blinds to be used
from August 16 through January 31.
(4) [Reserved]
(e) North Platte National Wildlife Refuge. (1) [Reserved]
(2) Upland game hunting. We allow youth hunting of pheasant,
porcupine, prairie dog, rabbit, State-defined furbearers, squirrel,
turkey, and coyote on designated areas of the refuge subject to the
following conditions:
(i) We close the Lake Alice Unit to all public entry from November
1 through January 14, and we close the Minatare and Winters Creek Units
to all public entry from October 15 through January 14.
(ii) Hunters must be 15 years of age or younger (``youth
hunters''). A licensed hunter 19 years of age or older (``adult
guide'') must accompany youth hunters. Adult guides must not hunt or
carry firearms.
(iii) We close the refuge to public use from legal sunset to legal
sunrise. Youth hunters and adult guides may enter the designated
hunting area 1 hour prior to legal sunrise.
(iv) We allow the use of dogs for hunting upland game.
(3) Big game hunting. We allow archery hunting of mule deer and
white-tailed deer on designated areas of the refuge subject to the
following conditions:
(i) The condition set forth at paragraph (e)(2)(i) of this section
applies.
(ii) We close the refuge to public use from legal sunset to legal
sunrise. However, archery deer hunters may enter the designated hunting
area 1 hour prior to legal sunrise and remain until 1 hour after legal
sunset.
(4) Sport fishing. We allow sport fishing on designated areas of
the refuge.
(f) * * *
(2) Upland game hunting. We allow upland game hunting on designated
areas of the district subject to the following condition: The
conditions set forth at paragraphs (f)(1)(i) and (ii) of this section
apply.
(3) Big game hunting. We allow big game hunting on designated areas
of the district subject to the following condition: The conditions set
forth at paragraphs (f)(1)(i) and (ii) of this section apply.
* * * * *
(g) Valentine National Wildlife Refuge--(1) Migratory game bird
hunting. We allow hunting of coot, crow, dove, dark goose, duck, light
goose, merganser, rail, snipe, and woodcock on designated areas of the
refuge subject to the following conditions:
(i) We allow hunter access from 2 hours before legal sunrise to 2
hours after legal sunset.
(ii) We allow the use of dogs.
(iii) We prohibit shooting from a motor vehicle or across any
refuge roadway or right-of-way.
(iv) You must remove all blinds and decoys at the conclusion of
each day's hunt (see Sec. 27.93 of this chapter).
(2) Upland game hunting. We allow hunting of cottontail rabbit,
coyote,
[[Page 54126]]
partridge, prairie chicken, quail, ring-neck pheasant, State-defined
furbearers, sharp-tailed grouse, squirrel, and turkey on designated
areas of the refuge subject to the following conditions:
(i) The conditions set forth at paragraphs (g)(1)(i) through (iv)
of this section apply.
(ii) We allow coyote and State-defined furbearer hunting from
September 1 to March 31. Shooting hours are \1/2\ hour before legal
sunrise to \1/2\ hour after legal sunset.
(iii) We prohibit the use of dogs to hunt coyotes.
(iv) We prohibit the use of bait to hunt coyotes.
(v) You may only possess nontoxic shot when hunting turkey (see
Sec. 32.2(k)).
(3) Big game hunting. We allow hunting of elk, white-tailed deer,
mule deer, and pronghorn antelope on designated areas of the refuge
subject to the following conditions:
(i) The conditions set forth at paragraphs (g)(1)(i) and (iii) of
this section apply.
(ii) We allow portable tree stands and ground blinds to be used
from August 16 through January 31.
(4) Sport fishing. We allow sport fishing on designated areas of
the refuge subject to the following conditions:
(i) Anglers may enter the refuge 1 hour before legal sunrise and
remain 1\1/2\ hours after legal sunset.
(ii) We prohibit the take of reptiles, amphibians, and minnows (see
Sec. 27.21 of this chapter), with the exception that you may take
bullfrogs on refuge lakes open to fishing.
0
25. Amend Sec. 32.47 by:
0
a. Redesignating paragraphs (c) through (f) as paragraphs (d) through
(g);
0
b. Adding a new paragraph (c); and
0
c. Revising newly redesignated paragraph (g).
The addition and revision read as follows:
Sec. 32.47 Nevada.
* * * * *
(c) Fallon National Wildlife Refuge--(1) Migratory game bird
hunting. We allow hunting of goose, duck, swan, coot, merganser, snipe,
and dove on designated areas of the refuge subject to the following
conditions:
(i) We allow motorized and nonmotorized boats for hunting.
(ii) We allow the use of dogs when hunting game birds.
(iii) We allow overnight stays while hunting subject to the
following conditions:
(A) You may stay overnight only at designated sites within the
refuge boundary.
(B) We limit overnight stays to 4 consecutive nights at one
location, and to 12 consecutive nights on the refuge.
(2) Upland game hunting. We allow hunting of quail, rabbit, turkey,
badger, beaver, and coyote on designated areas of the refuge subject to
the following conditions:
(i) The conditions set forth at paragraphs (c)(1)(ii) and (iii) of
this section apply.
(ii) We allow artificial lighting for hunting coyotes.
(3) Big game hunting. We allow hunting of mule deer and pronghorn
on designated areas of the refuge subject to the following condition:
The condition set forth at paragraph (c)(1)(iii) of this section
applies.
(4) [Reserved]
* * * * *
(g) Stillwater National Wildlife Refuge--(1) Migratory game bird
hunting. We allow hunting of goose, duck, swan, coot, merganser, snipe,
and dove on designated areas of the refuge subject to the following
conditions:
(i) We allow the use of dogs when hunting game birds.
(ii) We allow overnight stays while hunting subject to the
following conditions:
(A) You may stay overnight only at designated sites within the
refuge boundary.
(B) We limit overnight stays to 4 consecutive nights at one
location, and to 12 consecutive nights on the refuge.
(2) Upland game hunting. We allow hunting of quail, rabbit, turkey,
badger, beaver, and coyote on designated areas of the refuge subject to
the following conditions:
(i) Approved methods of take include shotgun and federally approved
non-lead shot, bow and arrow, and falconry.
(ii) We allow the use of dogs when hunting.
(iii) The condition set forth at paragraph (g)(1)(ii) of this
section applies.
(3) Big game hunting. We allow hunting of mule deer and pronghorn
on designated areas of the refuge subject to the following conditions:
(i) Approved methods of take include shotgun, muzzle-loading rifle,
and bow and arrow.
(ii) The condition set forth at paragraph (g)(1)(ii) of this
section applies.
(4) [Reserved]
0
26. Amend Sec. 32.48 by revising paragraphs (a)(1)(ii), (b), and (c)
to read as follows:
Sec. 32.48 New Hampshire.
* * * * *
(a) * * *
(1) * * *
(ii) We allow the use of dogs consistent with State regulations.
* * * * *
(b) Silvio O. Conte National Fish and Wildlife Refuge--(1)
Migratory game bird hunting. We allow hunting of duck, goose, common
snipe, and American woodcock on designated areas of the refuge subject
to the following condition: We allow the use of dogs consistent with
State regulations.
(2) Upland game hunting. We allow hunting of coyote, fox, raccoon,
woodchuck, red squirrel, eastern gray squirrel, porcupine, skunk, crow,
snowshoe hare, ring-necked pheasant, and ruffed grouse on designated
areas of the refuge subject to the following condition: We allow the
use of dogs consistent with State regulations.
(3) Big game hunting. We allow hunting of white-tailed deer, moose,
black bear, and wild turkey on designated areas of the refuge subject
to the following condition: We allow tree stands and blinds that are
clearly marked with the owner's State hunting license number.
(4) [Reserved]
(c) Umbagog National Wildlife Refuge--(1) Migratory game bird
hunting. We allow hunting of duck, goose, snipe, coot, crow, and
woodcock on designated areas of the refuge subject to the following
condition: We allow the use of dogs consistent with State regulations.
(2) Upland game hunting. We allow hunting of fox, raccoon,
woodchuck, squirrel, porcupine, skunk, snowshoe hare, ring-necked
pheasant, and ruffed grouse on designated areas of the refuge subject
to the following conditions:
(i) We prohibit night hunting from \1/2\ hour after legal sunset
until \1/2\ hour before legal sunrise the following day.
(ii) We allow the use of dogs consistent with State regulations.
(3) Big game hunting. We allow hunting of bear, white-tailed deer,
coyote, wild turkey, and moose on designated areas of the refuge
subject to the following conditions:
(i) We allow the use of dogs consistent with State regulations.
(ii) Hunters must retrieve all species harvested on the refuge.
(iii) We allow temporary blinds and tree stands that are clearly
marked with the owner's State hunting license number. You may erect
temporary blinds and tree stands no earlier than 14 days prior to the
hunting season, and you must remove them within 14 days after the
hunting season (see Sec. 27.93 of this chapter).
[[Page 54127]]
(4) Sport fishing. We allow sport fishing on designated areas of
the refuge.
0
27. Amend Sec. 32.49 by revising paragraphs (a), (b), (c)(3)(iii),
(d)(1), and (e) to read as follows:
Sec. 32.49 New Jersey.
* * * * *
(a) Cape May National Wildlife Refuge--(1) Migratory game bird
hunting. We allow hunting of waterfowl, coot, moorhen, rail, snipe, and
woodcock on designated areas of the refuge subject to the following
conditions:
(i) The snipe season on the refuge begins with the start of the
State early woodcock south zone season and continues through the end of
the State snipe season.
(ii) We allow the use of dogs consistent with State regulations.
(iii) We prohibit falconry.
(2) Upland game hunting. We allow hunting of rabbit and squirrel on
designated areas of the refuge subject to the following conditions:
(i) The conditions set forth at paragraphs (a)(1)(ii) and (iii) of
this section apply.
(ii) We allow rabbit and squirrel hunting following the end of the
State's 6-day firearm season for white-tailed deer, until the close of
the regular rabbit and squirrel season.
(3) Big game hunting. We allow hunting of white-tailed deer and
turkey on designated areas of the refuge subject to the following
condition: Tree stands must be marked with the owner's New Jersey
Conservation Identification Number.
(4) Sport fishing. We allow saltwater sport fishing on designated
areas of the refuge subject to the following conditions:
(i) We allow fishing from 1 hour before legal sunrise to 1 hour
after legal sunset.
(ii) We close the Atlantic Ocean beach annually to all access,
including fishing, between April 1 and September 30.
(iii) We prohibit fishing for, or possession of, shellfish on
refuge lands.
(b) Edwin B. Forsythe National Wildlife Refuge--(1) Migratory game
bird hunting. We allow hunting of waterfowl, coot, moorhen, and rail on
designated areas of the refuge subject to the following conditions:
(i) We require hunters to possess a signed refuge hunt permit
(Migratory Bird Hunt Application FWS Form 3-2439, Hunt Application--
National Wildlife Refuge System) at all times while scouting and
hunting on the refuge.
(ii) We allow the use of dogs consistent with State regulations.
(2) Upland game hunting. We allow hunting of squirrel on designated
areas of the refuge subject to the following condition: The conditions
set forth at paragraphs (b)(1)(i) and (ii) of this section apply.
(3) Big game hunting. We allow hunting of white-tailed deer and
wild turkey on designated areas of the refuge subject to the following
conditions:
(i) The condition set forth at paragraph (b)(1)(i) of this section
applies.
(ii) You must mark deer stands with the hunter's New Jersey
Conservation Identification Number. You must remove deer stands from
the refuge at the end of the last day of the hunting season (see
Sec. Sec. 27.93 and 27.94 of this chapter).
(4) Sport fishing. We allow sport fishing on designated areas of
the refuge subject to the following condition: We prohibit the use of
lead fishing tackle on the refuge.
(c) * * *
(3) * * *
(iii) Hunters may put up tree stands beginning on the first
scouting day, except on the day of the refuge's youth hunt. Hunters
must retrieve their stands by 12 p.m. (noon) on the Sunday after the
last day of the hunt (see Sec. 27.93 of this chapter). All hunters
must put their Conservation Identification Number on their stand, and
they may have only one stand in the field at any one time.
* * * * *
(d) * * *
(1) Migratory game bird hunting. We allow hunting of goose and duck
on designated areas of the refuge subject to the following condition:
We allow the use of dogs consistent with State regulations.
* * * * *
(e) Wallkill River National Wildlife Refuge--(1) Migratory game
bird hunting. We allow hunting of migratory birds on designated areas
of the refuge subject to the following conditions:
(i) Hunters must obtain a refuge hunt permit (FWS Form 3-2439, Hunt
Application--National Wildlife Refuge System). We require hunters to
possess a signed refuge hunt permit at all times while scouting and
hunting on the refuge.
(ii) Hunters may enter the refuge 2 hours before legal shooting
time and must leave no later than 2 hours after legal shooting time.
(iii) We allow the use of dogs consistent with State regulations.
(2) Upland game hunting. We allow hunting of coyote, fox, crow,
ruffed grouse, opossum, raccoon, pheasant, chukar, rabbit/hare/
jackrabbit, squirrel, and woodchuck on designated areas of the refuge
subject to the following conditions:
(i) The conditions set forth at paragraphs (e)(1)(i) through (iii)
of this section apply.
(ii) We allow hunting from legal sunrise to legal sunset.
(3) Big game hunting. We allow hunting of white-tailed deer, bear,
and wild turkey on designated areas of the refuge subject to the
following conditions:
(i) The conditions set forth at paragraphs (e)(1)(i) and (ii) of
this section apply.
(ii) We prohibit organized deer drives. 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(s) who is
part of the organized or planned hunt and known to be waiting for the
deer.
(4) Sport fishing. We allow sport fishing on the refuge subject to
the following conditions:
(i) We open Owens Station Crossing for catch-and-release fishing
only.
(ii) We allow fishing from \1/2\ hour before legal sunrise to \1/2\
hour after legal sunset.
(iii) We prohibit the taking of amphibians and reptiles (see Sec.
27.21 of this chapter).
(iv) We prohibit trapping fish for use as bait.
0
28. Amend Sec. 32.50 by:
0
a. Revising paragraphs (a)(1)(i)(A) and (a)(2) introductory text;
0
b. Adding paragraph (a)(2)(iii); and
0
c. Revising paragraph (b).
The revisions and addition read as follows:
Sec. 32.50 New Mexico.
* * * * *
(a) * * *
(1) * * *
(i) * * *
(A) You may hunt only on Tuesdays, Thursdays, and Saturdays during
the period when the State seasons that apply to the Middle Tract area
are open.
* * * * *
(2) Upland game hunting. We allow hunting of pheasant, quail
(scaled, Gambel's, northern bobwhite, and Montezuma), Eurasian
collared-dove, desert cottontail, and black-tailed jackrabbit on
designated areas of the refuge subject to the following conditions:
* * * * *
(iii) We allow Eurasian collared-dove hunting on the North Tract
only during the season that is concurrently open for dove hunting
within the State.
* * * * *
[[Page 54128]]
(b) Bosque del Apache National Wildlife Refuge--(1) Migratory game
bird hunting. We allow hunting of mourning dove, white-winged dove, and
light goose on designated areas of the refuge subject to the following
conditions:
(i) We allow hunting of light goose in the North Special Hunt Area
on dates to be determined by refuge staff. Hunters must possess a
permit available through a lottery drawing (FWS Form 3-2439, Hunt
Application--National Wildlife Refuge System).
(ii) Hunting hours for mourning and white-winged dove are from \1/
2\ hour before legal sunrise to legal sunset. Hunting hours for light
goose are from \1/2\ hour before legal sunrise to 12:00 p.m. (noon)
Mountain Time.
(iii) You must remove all spent shells and all other personal
equipment at the end of each day's hunt (see Sec. Sec. 27.93 and 27.94
of this chapter).
(iv) We allow the use of dogs when hunting.
(v) We prohibit falconry on the refuge.
(vi) We allow the use of horses and pack stock in support of
hunting in the East Hunt Unit only.
(2) Upland game hunting. We allow hunting of scaled, Gambel's,
northern bobwhite, and Montezuma quail; cottontail rabbit; black-tailed
jackrabbit; and Eurasian collared-dove on designated areas of the
refuge subject to the following conditions:
(i) The conditions set forth at paragraphs (b)(1)(iv) through (vi)
of this section apply.
(ii) Hunting hours are from \1/2\ hour before legal sunrise to \1/
2\ after legal sunset.
(3) Big game hunting. We allow hunting of mule deer, javelina,
oryx, and bearded Rio Grande turkey on designated areas of the refuge
subject to the following conditions:
(i) The conditions set forth at paragraphs (b)(1)(vi) and
(b)(2)(ii) of this section apply.
(ii) We allow hunting of bearded Rio Grande turkey for youth
hunters in the North Special Hunt Area and South Special Hunt Area
during the State-established youth hunt and on weekends April through
May during the State-established general spring turkey hunt. All
hunters must fill out FWS Form 3-2439 (Hunt Application--National
Wildlife Refuge System) and pay a fee. The permit is available through
a lottery drawing. If selected, you must carry your refuge hunt permit
(FWS Form 3-2439) at all times during the hunt.
(iii) We allow incidental take of feral hog by those legally
licensed for, and participating in, other big game hunting activities.
You may take feral hog only with a method allowed within each refuge
hunt unit. We prohibit the use of dogs for this activity.
(4) Sport fishing. We allow fishing on designated areas of the
refuge subject to the following conditions:
(i) We allow fishing from April 1 through September 30.
(ii) We allow fishing from \1/2\ hour before legal sunrise until
\1/2\ hour after legal sunset.
(iii) We prohibit trotlines, bow fishing, seining, dip netting, and
traps.
(iv) We allow frogging for bullfrog on the refuge in areas that are
open to fishing. We allow the use of hook and line, spears, gigs, and
archery equipment to take bullfrog.
* * * * *
0
29. Amend Sec. 32.51 by:
0
a. Revising paragraphs (c) and (d);
0
b. Adding paragraph (f)(3);
0
c. Revising paragraphs (g)(3)(i) and (ii), (i), (j)(3), and (j)(4)(iv).
The revisions and addition read as follows:
Sec. 32.51 New York.
* * * * *
(c) Iroquois National Wildlife Refuge--(1) Migratory game bird
hunting. We allow hunting of duck, goose, rail, coot, gallinule,
woodcock, and snipe on designated areas of the refuge subject to the
following conditions:
(i) We allow the use of dogs consistent with State regulations.
(ii) For hunting of duck, goose, and coot:
(A) We allow hunting on Saturday of the New York State Youth Days.
(B) We allow hunting Tuesdays, Thursdays, and Saturdays during the
regular waterfowl season, excluding opening day of deer firearms
season.
(C) We require proof of successful completion of the New York State
waterfowl identification course, the Iroquois nonresident waterfowl
identification course, or a suitable nonresident State waterfowl
identification course. All hunters must show proof of successful course
completion each time they hunt.
(D) We require a refuge hunt permit (FWS Form 3-2439, Hunt
Application--National Wildlife Refuge System).
(E) We allow hunting from legal starting time until 12 p.m. (noon).
We require hunters to return a completed Migratory Bird Hunt Report
(FWS Form 3-2361) no later than 1 p.m. on the day of the hunt.
(F) Hunters must remain in designated hunting areas, unless
actively pursuing downed or crippled birds.
(iii) For hunting of rail, gallinule, snipe, and woodcock, we allow
hunting during the State seasons east of Sour Springs Road by all
hunters, except we close rail, gallinule, snipe and woodcock hunting
during refuge waterfowl hunt days to hunters without a refuge waterfowl
permit.
(2) Upland game hunting. We allow hunting of ruffed grouse, gray
squirrel, cottontail rabbit, pheasant, coyote, fox, raccoon, skunk, and
opossum on designated areas of the refuge subject to the following
conditions:
(i) The condition set forth at paragraph (c)(1)(i) of this section
applies.
(ii) For small game hunting:
(A) We allow hunting from opening day of the State season until the
last day of February.
(B) We prohibit the use of raptors to take small game.
(iii) For furbearer hunting, we prohibit hunting from legal sunset
to legal sunrise.
(3) Big game hunting. We allow hunting of white-tailed deer and
turkey on designated areas of the refuge subject to the following
conditions:
(i) We require a refuge permit (FWS Form 3-2439, Hunt Application--
National Wildlife Refuge System) for spring turkey hunting.
(ii) The condition set forth at paragraph (c)(1)(i) of this section
applies.
(4) Sport fishing. We allow sport fishing and frogging on
designated areas of the refuge subject to the following conditions:
(i) We allow fishing and frogging from legal sunrise to legal
sunset.
(ii) We prohibit collecting fish for use as bait.
(d) Montezuma National Wildlife Refuge--(1) Migratory game bird
hunting. We allow hunting of waterfowl, Canada goose, snow goose, and
gallinule on designated areas of the refuge subject to the following
conditions:
(i) We allow the use of dogs consistent with State regulations.
(ii) For the regular waterfowl season:
(A) We require daily refuge permits (FWS Form 3-2439, Hunt
Application--National Wildlife Refuge System) and reservations; we
issue permits to hunters with a reservation for that hunt day. We
require you to complete and return your permit by the end of the hunt
day.
(B) We allow hunting only on Tuesdays, Thursdays, and Saturdays
during the established refuge season set within the State western zone
season. We allow a youth waterfowl hunt during New York State's
established youth waterfowl hunt each year.
[[Page 54129]]
(C) All hunters with reservations and their hunting companions must
check-in at the Route 89 Hunter Check Station area at least 1 hour
before legal shooting time or forfeit their reservation.
(D) We allow motorless boats to hunt waterfowl. We limit hunters to
one boat per reservation and one motor vehicle in the hunt area per
reservation.
(E) We prohibit shooting from within 500 feet (152.4 meters) of the
Tschache Pool observation tower.
(F) We require proof of successful completion of the New York State
waterfowl identification course, the Montezuma nonresident waterfowl
identification course, or a suitable nonresident State waterfowl
identification course. All hunters must show proof of successful course
completion each time they hunt.
(G) You may hunt gallinule only during the regular waterfowl
season.
(iii) For Canada goose and snow goose hunting:
(A) We allow hunting of Canada goose during the New York State
September season and of snow goose during portions of the New York
State snow goose season and portions of the period covered by the Light
Goose Conservation Order.
(B) You must possess a valid daily hunt permit (FWS Form 3-2439,
Hunt Application--National Wildlife Refuge System). We require you to
complete and return the daily hunt permit card by the end of the hunt
day.
(C) For snow goose hunting, hunters may enter the refuge no earlier
than 4 hours before legal sunrise. For Canada goose hunting, hunters
may enter the refuge no earlier than 2 hours before legal sunrise.
(2) Upland game hunting. We allow hunting of rabbit and squirrel on
designated areas of the refuge subject to the following conditions:
(i) The condition set forth at paragraph (d)(1)(i) of this section
applies.
(ii) You must possess a valid daily hunt permit (FWS Form 3-2439,
Hunt Application--National Wildlife Refuge System) and are required to
complete and return the daily hunt permit card by the end of each hunt
day.
(iii) We allow upland game hunters to access the refuge from 2
hours before legal sunrise until 2 hours after legal sunset.
(iv) We require the use of approved nontoxic shot for upland game
hunting (see Sec. 32.2(k)).
(3) Big game hunting. We allow hunting of white-tailed deer and
wild turkey on designated areas of the refuge subject to the following
conditions:
(i) The condition set forth at paragraph (d)(1)(i) of this section
applies.
(ii) You must possess a valid daily hunt permit (FWS Form 3-2439,
Hunt Application--National Wildlife Refuge System). We require you to
complete and return the daily hunt permit card by the end of the hunt
day.
(iii) We allow white-tailed deer and turkey hunters to access the
refuge from 2 hours before legal sunrise until 2 hours after the end of
legal shooting time.
(iv) We allow youth and special big game hunts during New York
State's established youth and special big game hunts each year.
(4) Sport fishing. We allow access for fishing from designated
areas of the refuge subject to the following condition: We prohibit the
use of lead fishing tackle.
* * * * *
(f) * * *
(3) Big game hunting. We allow hunting of white-tailed deer on
designated areas of the refuge subject to the following conditions:
(i) We allow archery hunting on specific days between November 1
and January 31.
(ii) Hunters must obtain and possess a refuge-specific permit (FWS
Form 3-2439, Hunt Application--National Wildlife Refuge System) for
hunting on the refuge.
* * * * *
(g) * * *
(3) * * *
(i) Hunters must purchase and possess a signed refuge hunt permit
(FWS Form 3-2439, Hunt Application--National Wildlife Refuge System) at
all times while scouting and hunting on the refuge.
(ii) You may hunt deer using archery equipment only.
* * * * *
(i) Wallkill River National Wildlife Refuge--(1) Migratory game
bird hunting. We allow hunting of migratory birds on designated areas
of the refuge subject to the following conditions:
(i) Hunters must obtain and possess a signed refuge hunt permit
(FWS Form 3-2439, Hunt Application--National Wildlife Refuge System) at
all times while scouting and hunting on the refuge.
(ii) Hunters may enter the refuge 2 hours before legal shooting
time and leave no later than 2 hours after legal shooting time.
(iii) We allow the use of dogs consistent with State regulations.
(2) Upland game hunting. We allow hunting of rabbit/hare, gray/
black/fox squirrel, pheasant, bobwhite quail, ruffed grouse, crow, red/
gray fox, coyote, bobcat, raccoon, skunk, mink, weasel, and opossum on
designated areas of the refuge subject to the following conditions:
(i) The conditions set forth at paragraphs (i)(1)(i) through (iii)
of this section apply.
(ii) We allow hunting from legal sunrise to legal sunset.
(3) Big game hunting. We allow hunting of white-tailed deer, bear,
and wild turkey on designated areas of the refuge subject to the
following conditions:
(i) The conditions set forth at paragraphs (i)(1)(i) and (ii), and
(i)(2)(ii) of this section apply.
(ii) We prohibit organized deer drives. 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(s) who is
part of the organized or planned hunt and known to be waiting for the
deer.
(4) Sport fishing. We allow sport fishing on designated areas of
the refuge subject to the following conditions:
(i) We open Owens Station Crossing for catch-and-release fishing
only.
(ii) We allow fishing from \1/2\ hour before legal sunrise to \1/2\
hour after legal sunset.
(iii) We prohibit the taking of amphibians and reptiles.
(iv) We prohibit minnow/bait trapping.
(j) * * *
(3) Big game hunting. We allow hunting of white-tailed deer and
turkey within designated areas of the refuge subject to the following
conditions:
(i) We allow archery and shotgun hunting of white-tailed deer
during specific days between November 1 and January 31.
(ii) We require a permit (FWS Form 3-2439, Hunt Application--
National Wildlife Refuge System) for hunting on the refuge.
(iii) Hunters assigned to Unit 5 must hunt from portable tree
stands and must direct aim away from a public road and/or dwelling.
(4) * * *
(iv) We prohibit the taking of baitfish and frogs.
0
30. Amend Sec. 32.52 by revising paragraph (f)(1)(vi), and adding
paragraph (f)(1)(ix), to read as follows:
Sec. 32.52 North Carolina.
* * * * *
(f) * * *
(1) * * *
(vi) Shooting hours are from \1/2\ hour before legal sunrise until
12 p.m. (noon).
* * * * *
[[Page 54130]]
(ix) Hunting by youth hunters (age 16 and younger) is subject to
the following conditions:
(A) Validly licensed adults, age 21 or older, holding applicable
permits must accompany and supervise, remaining in sight and voice
contact at all times, any youth hunters. Each adult may supervise no
more than two youth hunters.
(B) Youth hunters must possess and carry evidence of successful
completion of a State-approved hunter education course.
(C) We allow hunting on Tuesdays, Wednesdays, Fridays, and
Saturdays during the late and youth waterfowl State seasons.
* * * * *
0
31. Revise Sec. 32.53 to read as follows:
Sec. 32.53 North Dakota.
The following refuge units are open for hunting and/or fishing as
governed by applicable Federal and State regulations, and are listed in
alphabetical order with additional refuge-specific regulations.
(a) Appert Lake National Wildlife Refuge. (1) [Reserved]
(2) Upland game hunting. We allow hunting of all State-defined
species subject to the following condition: Access is controlled by the
individual landowner.
(3) Big game hunting. We allow hunting of all State-defined species
subject to the following condition: Access is controlled by the
individual landowner.
(4) Sport fishing. We allow sport fishing on designated areas of
the refuge subject to the following conditions:
(i) Access is controlled by the individual landowner.
(ii) We prohibit boats during the regular North Dakota waterfowl
season.
(b) Ardoch National Wildlife Refuge. (1) [Reserved]
(2) Upland game hunting. We allow hunting of all State-defined
species subject to the following condition: Access is controlled by the
individual landowner.
(3) Big game hunting. We allow hunting of all State-defined species
subject to the following condition: Access is controlled by the
individual landowner.
(4) Sport fishing. We allow sport fishing on designated areas of
the refuge subject to the following conditions:
(i) Access is controlled by the individual landowner.
(ii) We prohibit boats during the regular North Dakota waterfowl
season.
(c) Arrowwood National Wildlife Refuge. (1) [Reserved]
(2) Upland game hunting. We allow hunting of pheasant, sharp-tailed
grouse, partridge, cottontail rabbit, and fox on designated areas of
the refuge subject to the following conditions:
(i) We allow hunting of upland game birds on the day following the
close of the State firearm deer season through the end of the regular
upland bird season.
(ii) We allow hunting of cottontail rabbit and fox on the day
following the close of the State firearm deer season through March 31.
(3) Big game hunting. We allow deer hunting on designated areas of
the refuge subject to the following conditions:
(i) We prohibit entering the refuge before legal shooting hours on
the opening day of firearms deer season. We require all hunters to be
off the refuge 1\1/2\ hours after legal sunset.
(ii) We allow deer hunting on the refuge during the State youth
deer season.
(iii) After harvesting a deer, firearm deer hunters must wear blaze
orange on the refuge.
(iv) We allow access by foot travel only. You may use a vehicle on
designated refuge roads and trails to retrieve deer during the
following times only: 9:30 to 10 a.m.; 1:30 to 2 p.m.; and \1/2\ hour
after legal sunset for 1 hour.
(v) We allow temporary tree stands, blinds, and game cameras for
daily use; you must remove them by the end of each day's hunt (see
Sec. 27.93 of this chapter).
(4) Sport fishing. We allow sport fishing on designated areas of
the refuge subject to the following conditions:
(i) We allow boats at idle speed only on Arrowwood Lake and Jim
Lake from May 1 to September 30 of each year.
(ii) We allow ice fishing and dark house spearfishing. We allow
snowmobiles, all-terrain vehicles (ATVs), utility terrain vehicles
(UTVs), motor vehicles, and fish houses on the ice as conditions allow.
(iii) You may use and leave fish houses on the ice overnight until
March 15.
(d) Arrowwood Wetland Management District--(1) Migratory game bird
hunting. We allow migratory game bird hunting on designated areas of
the district subject to the following condition: You must remove boats,
decoys, portable blinds, other personal property, and any materials
brought onto the area for blind construction at the end of each day's
hunt (see Sec. Sec. 27.93 and 27.94 of this chapter).
(2) Upland game hunting. We allow upland game hunting on designated
areas of the district.
(3) Big game hunting. We allow big game hunting on designated areas
of the district.
(4) Sport fishing. We allow sport fishing on designated areas of
the district subject to the following condition: You must remove boats,
motor vehicles, fishing equipment, and other personal property
(excluding ice houses) by legal sunset (see Sec. Sec. 27.93 and 27.94
of this chapter).
(e) Audubon National Wildlife Refuge. (1) [Reserved]
(2) Upland game hunting. We allow hunting of ring-necked pheasant,
gray partridge, and sharp-tailed grouse on designated areas of the
refuge subject to the following conditions:
(i) We open to upland game hunting annually on the day following
the close of the regular deer gun season, and we close as governed by
the State season.
(ii) We allow game retrieval without a firearm up to 100 yards (90
meters) inside the refuge boundary fence and closed areas of the
refuge. Retrieval time may not exceed 10 minutes. You may use dogs to
assist in retrieval.
(3) Big game hunting. We allow hunting of white-tailed and mule
deer on designated areas of the refuge subject to the following
conditions:
(i) We close the refuge to hunting during the State's special youth
deer hunting season.
(ii) Hunters may use designated refuge roads to retrieve downed
deer.
(iii) We allow only portable tree stands. You must remove all tree
stands at the end of each day's hunt (see Sec. Sec. 27.93 and 27.94 of
this chapter).
(4) Sport fishing. We allow ice fishing on designated areas of the
refuge.
(f) Audubon Wetland Management District--(1) Migratory game bird
hunting. We allow migratory game bird hunting on designated areas of
the district subject to the following condition: You must remove boats,
decoys, portable blinds, other personal property, and any materials
brought onto the area for blind construction by the end of each day's
hunt (see Sec. Sec. 27.93 and 27.94 of this chapter).
(2) Upland game hunting. We allow upland game hunting on designated
areas of the district.
(3) Big game hunting. We allow big game hunting on designated areas
of the district.
(4) Sport fishing. We allow sport fishing on designated areas of
the district subject to the following condition: You must remove boats,
motor vehicles, fishing equipment, and other personal property
(excluding ice houses) by the end of each day's fishing activity (see
Sec. Sec. 27.93 and 27.94 of this chapter).
[[Page 54131]]
(g) Bone Hill National Wildlife Refuge. (1) [Reserved]
(2) Upland game hunting. We allow hunting of all State-defined
species subject to the following condition: Access is controlled by the
individual landowner.
(3) Big game hunting. We allow hunting of all State-defined species
subject to the following condition: Access is controlled by the
individual landowner.
(4) Sport fishing. We allow sport fishing on designated areas of
the refuge subject to the following conditions:
(i) Access is controlled by the individual landowner.
(ii) We prohibit boats during the regular North Dakota waterfowl
season.
(h) Brumba National Wildlife Refuge. (1) [Reserved]
(2) Upland game hunting. We allow hunting of all State-defined
species subject to the following condition: Access is controlled by the
individual landowner.
(3) Big game hunting. We allow hunting of all State-defined species
subject to the following condition: Access is controlled by the
individual landowner.
(4) Sport fishing. We allow sport fishing on designated areas of
the refuge subject to the following conditions:
(i) Access is controlled by the individual landowner.
(ii) We prohibit boats during the regular North Dakota waterfowl
season.
(i) Buffalo Lake National Wildlife Refuge. (1) [Reserved]
(2) Upland game hunting. We allow hunting of all State-defined
species subject to the following condition: Access is controlled by the
individual landowner.
(3) Big game hunting. We allow hunting of all State-defined species
subject to the following condition: Access is controlled by the
individual landowner.
(4) Sport fishing. We allow sport fishing on designated areas of
the refuge subject to the following condition: Access is controlled by
the individual landowner.
(j) Camp Lake National Wildlife Refuge. (1) [Reserved]
(2) Upland game hunting. We allow hunting of all State-defined
species subject to the following condition: Access is controlled by the
individual landowner.
(3) Big game hunting. We allow hunting of all State-defined species
subject to the following condition: Access is controlled by the
individual landowner.
(4) Sport fishing. We allow sport fishing on designated areas of
the refuge subject to the following condition: Access is controlled by
the individual landowner.
(k) Canefield Lake National Wildlife Refuge. (1) [Reserved]
(2) Upland game hunting. We allow hunting of all State-defined
species subject to the following condition: Access is controlled by the
individual landowner.
(3) Big game hunting. We allow hunting of all State-defined species
subject to the following condition: Access is controlled by the
individual landowner.
(4) Sport fishing. We allow sport fishing on designated areas of
the refuge subject to the following conditions:
(i) Access is controlled by the individual landowner.
(ii) We prohibit boats during the regular North Dakota waterfowl
season.
(l) Chase Lake National Wildlife Refuge. (1)-(2) [Reserved]
(3) Big game hunting. We allow deer hunting on designated areas of
the refuge.
(4) [Reserved]
(m) Chase Lake Wetland Management District--(1) Migratory game bird
hunting. We allow migratory game bird hunting on designated areas of
the district subject to the following conditions: You must remove
boats, decoys, portable blinds, other personal property, and any
materials brought onto the area for blind construction by the end of
each day's hunt (see Sec. Sec. 27.93 and 27.94 of this chapter).
(2) Upland game hunting. We allow upland game hunting on designated
areas of the district.
(3) Big game hunting. We allow big game hunting on designated areas
of the district.
(4) Sport fishing. We allow sport fishing on designated areas of
the district subject to the following condition: You must remove boats,
motor vehicles, fishing equipment, and other personal property
(excluding ice houses) by the end of each day's fishing activity (see
Sec. Sec. 27.93 and 27.94 of this chapter).
(n) Cottonwood Lake National Wildlife Refuge. (1) [Reserved]
(2) Upland game hunting. We allow hunting of all State-defined
species subject to the following condition: Access is controlled by the
individual landowner.
(3) Big game hunting. We allow hunting of all State-defined species
subject to the following condition: Access is controlled by the
individual landowner.
(4) Sport fishing. We allow sport fishing on designated areas of
the refuge subject to the following condition: Access is controlled by
the individual landowner.
(o) Crosby Wetland Management District--(1) Migratory game bird
hunting. We allow migratory game bird hunting on designated areas of
the district subject to the following condition: You must remove boats,
decoys, portable blinds, other personal property, and any materials
brought onto the area for blind construction by the end of each day's
hunt (see Sec. Sec. 27.93 and 27.94 of this chapter).
(2) Upland game hunting. We allow upland game hunting on designated
areas of the district.
(3) Big game hunting. We allow big game hunting on designated areas
of the district.
(4) Sport fishing. We allow sport fishing on designated areas of
the district subject to the following condition: You must remove boats,
motor vehicles, fishing equipment, and other personal property
(excluding ice houses) by the end of each day's fishing activity (see
Sec. Sec. 27.93 and 27.94 of this chapter).
(p) Dakota Lake National Wildlife Refuge. (1) [Reserved]
(2) Upland game hunting. We allow hunting of all State-defined
species subject to the following condition: Access is controlled by the
individual landowner.
(3) Big game hunting. We allow hunting of all State-defined species
subject to the following condition: Access is controlled by the
individual landowner.
(4) Sport fishing. We allow sport fishing on designated areas of
the refuge subject to the following conditions:
(i) Access is controlled by the individual landowner.
(ii) We prohibit boats during the regular North Dakota waterfowl
season.
(q) Des Lacs National Wildlife Refuge. (1) [Reserved]
(2) Upland game hunting. We allow hunting of fox, sharp-tailed
grouse, Hungarian partridge, turkey, and ring-necked pheasant on
designated areas of the refuge subject to the following conditions:
(i) We open for upland game bird hunting on the day following the
close of the regular deer gun season through the end of the State
season.
(ii) We allow the use of hunting dogs for retrieval of upland game.
(iii) We allow fox hunting from the day following the regular
firearm deer season until March 31.
(iv) We prohibit accessing refuge lands from refuge waters.
(3) Big game hunting. We allow deer and moose hunting on designated
areas of the refuge subject to the following conditions:
[[Page 54132]]
(i) We only allow the use of portable tree stands and ground
blinds. We prohibit leaving stands and blinds overnight on the refuge
(see Sec. 27.93 of this chapter).
(ii) We prohibit entry to the refuge before 12 p.m. (noon) on the
first day of the respective bow, gun, or muzzleloader deer hunting
seasons.
(iii) The condition set forth at paragraph (q)(2)(iv) of this
section applies.
(4) [Reserved]
(r) Devils Lake Wetland Management District--(1) Migratory game
bird hunting. We allow migratory game bird hunting on designated areas
of the district subject to the following condition: You must remove
boats, decoys, portable blinds, other personal property, and any
materials brought onto the area for blind construction by the end of
each day's hunt (see Sec. Sec. 27.93 and 27.94 of this chapter).
(2) Upland game hunting. We allow upland game hunting on designated
areas of the district subject to the following condition: You must
remove boats, decoys, portable blinds, other personal property, and any
materials brought onto the area for blind construction by the end of
each day's hunt (see Sec. Sec. 27.93 and 27.94 of this chapter).
(3) Big game hunting. We allow big game hunting on designated areas
of the district subject to the following condition: You must remove
boats, decoys, portable blinds, other personal property, and any
materials brought onto the area for blind construction by the end of
each day's hunt (see Sec. Sec. 27.93 and 27.94 of this chapter).
(4) Sport fishing. We allow sport fishing on designated areas of
the district subject to the following condition: You must remove boats,
motor vehicles, fishing equipment, and other personal property
(excluding ice houses) by the end of each day's fishing activity (see
Sec. Sec. 27.93 and 27.94 of this chapter).
(s) Half Way Lake National Wildlife Refuge. (1) [Reserved]
(2) Upland game hunting. We allow hunting of all State-defined
species subject to the following condition: Access is controlled by the
individual landowner.
(3) Big game hunting. We allow hunting of all State-defined species
subject to the following condition: Access is controlled by the
individual landowner.
(4) Sport fishing. We allow sport fishing on designated areas of
the refuge subject to the following conditions:
(i) Access is controlled by the individual landowner.
(ii) We prohibit boats during the regular North Dakota waterfowl
season.
(t) Hiddenwood Lake National Wildlife Refuge. (1) [Reserved]
(2) Upland game hunting. We allow hunting of all State-defined
species subject to the following condition: Access is controlled by the
individual landowner.
(3) Big game hunting. We allow hunting of all State-defined species
subject to the following condition: Access is controlled by the
individual landowner.
(4) Sport fishing. We allow sport fishing on designated areas of
the refuge subject to the following condition: Access is controlled by
the individual landowner.
(u) Hobart Lake National Wildlife Refuge. (1) [Reserved]
(2) Upland game hunting. We allow hunting of all State-defined
species subject to the following condition: Access is controlled by the
individual landowner.
(3) Big game hunting. We allow hunting of all State-defined species
subject to the following condition: Access is controlled by the
individual landowner.
(4) Sport fishing. We allow sport fishing on designated areas of
the refuge subject to the following conditions:
(i) Access is controlled by the individual landowner.
(ii) We prohibit boats during the regular North Dakota waterfowl
season.
(v) Hutchinson Lake National Wildlife Refuge. (1) [Reserved]
(2) Upland game hunting. We allow hunting of all State-defined
species subject to the following condition: Access is controlled by the
individual landowner.
(3) Big game hunting. We allow hunting of all State-defined species
subject to the following condition: Access is controlled by the
individual landowner.
(4) Sport fishing. We allow sport fishing on designated areas of
the refuge subject to the following conditions:
(i) Access is controlled by the individual landowner.
(ii) We prohibit boats during the regular North Dakota waterfowl
season.
(w) J. Clark Salyer National Wildlife Refuge--(1) Migratory game
bird hunting. We allow hunting of goose, duck, and coot on designated
areas of the refuge subject to the following condition: We allow the
use of dogs for hunting and retrieving game birds.
(2) Upland game hunting. We allow hunting of ruffed and sharp-
tailed grouse, Hungarian partridge, turkey, ring-necked pheasant, and
fox on designated areas of the refuge subject to the following
conditions:
(i) We open the refuge to hunting for sharp-tailed grouse,
Hungarian partridge, and ring-necked pheasant north of the Willow-Upham
road on the day following the close of the regular firearm deer season.
(ii) We open the refuge to fox hunting on the day following the
close of the regular firearm deer season. Fox hunting on the refuge
closes March 31.
(iii) Hunters may possess only approved nontoxic shot (see Sec.
32.2(k)) for all upland game hunting, including turkey.
(3) Big game hunting. We allow hunting of deer and moose on
designated areas of the refuge subject to the following conditions:
(i) You must possess and carry a refuge permit to hunt antlered
deer on the refuge outside the nine public hunting areas during the
regular firearms season.
(ii) We prohibit entry to the refuge before 12 p.m. (noon) on the
first day of the respective bow, gun, or muzzleloader deer hunting
seasons. You may access refuge roads open to the public before 12 p.m.
(noon).
(4) Sport fishing. We allow sport fishing on designated areas of
the refuge subject to the following conditions:
(i) We allow boat fishing from May 1 through September 30.
(ii) We allow ice fishing and dark house spearfishing. We allow
snowmobiles, all-terrain vehicles (ATVs), utility terrain vehicles
(UTVs), motor vehicles, and fish houses on the ice as conditions allow.
(x) J. Clark Salyer Wetland Management District--(1) Migratory game
bird hunting. We allow migratory game bird hunting on designated areas
of the district subject to the following condition: You must remove
boats, decoys, portable blinds, other personal property, and any
materials brought onto the area for blind construction by the end of
each day's hunt (see Sec. Sec. 27.93 and 27.94 of this chapter).
(2) Upland game hunting. We allow upland game hunting on designated
areas of the district.
(3) Big game hunting. We allow big game hunting on designated areas
of the district.
(4) Sport fishing. We allow sport fishing on designated areas of
the district subject to the following condition: You must remove boats,
motor vehicles, fishing equipment, and other personal property
(excluding ice houses) by the end of each day's fishing activity (see
Sec. Sec. 27.93 and 27.94 of this chapter).
(y) Johnson Lake National Wildlife Refuge. (1) [Reserved]
[[Page 54133]]
(2) Upland game hunting. We allow hunting of all State-defined
species subject to the following condition: Access is controlled by the
individual landowner.
(3) Big game hunting. We allow hunting of all State-defined species
subject to the following condition: Access is controlled by the
individual landowner.
(4) Sport fishing. We allow sport fishing on designated areas of
the refuge subject to the following conditions:
(i) Access is controlled by the individual landowner.
(ii) We prohibit boats during the regular North Dakota waterfowl
season.
(z) Kulm Wetland Management District--(1) Migratory game bird
hunting. We allow migratory game bird hunting on designated areas of
the district subject to the following condition: You must remove boats,
decoys, portable blinds, other personal property, and any materials
brought onto the area for blind construction by the end of each day's
hunt (see Sec. Sec. 27.93 and 27.94 of this chapter).
(2) Upland game hunting. We allow upland game hunting on designated
areas of the district.
(3) Big game hunting. We allow big game hunting on designated areas
of the district.
(4) Sport fishing. We allow sport fishing on designated areas of
the district subject to the following condition: You must remove boats,
motor vehicles, fishing equipment, and other personal property
(excluding ice houses) by the end of each day's fishing activity (see
Sec. Sec. 27.93 and 27.94 of this chapter).
(aa) Lake Alice National Wildlife Refuge--(1) Migratory game bird
hunting. We allow migratory game bird hunting on designated areas of
the refuge subject to the following conditions:
(i) We allow motorized boats only during the migratory game bird
hunting season; however, motors must not exceed 10 horsepower.
(ii) You must remove all boats, decoys, portable blinds, other
personal property, and any materials brought onto the refuge for blind
construction by the end of each day's hunt (see Sec. Sec. 27.93 and
27.94 of this chapter).
(2) Upland game hunting. We allow hunting of ring-necked pheasants,
sharp-tailed grouse, gray partridge, cottontail rabbit, jackrabbit,
snowshoe hare, and fox on designated areas of the refuge.
(3) Big game hunting. We allow deer and fox hunting on designated
areas of the refuge subject to the following conditions:
(i) We prohibit trapping.
(ii) We allow portable tree stands. Hunters must remove tree stands
from the refuge by the end of each day's hunt (see Sec. 27.93 of this
chapter).
(4) Sport fishing. We allow ice fishing on designated areas of the
refuge subject to the following conditions:
(i) We allow vehicles and fish houses on the ice as conditions
allow.
(ii) We allow public access for ice fishing from 5 a.m. to 10 p.m.
(iii) You must remove ice fishing shelters and personal property
from the refuge by 10 p.m. each day (see Sec. Sec. 27.93 and 27.94 of
this chapter).
(bb) Lake George National Wildlife Refuge. (1) [Reserved]
(2) Upland game hunting. We allow hunting of all State-defined
species subject to the following condition: Access is controlled by the
individual landowner.
(3) Big game hunting. We allow hunting of all State-defined species
subject to the following condition: Access is controlled by the
individual landowner.
(4) Sport fishing. We allow sport fishing on designated areas of
the refuge subject to the following conditions:
(i) Access is controlled by the individual landowner.
(ii) We prohibit boats during the regular North Dakota waterfowl
season.
(cc) Lake Ilo National Wildlife Refuge. (1)-(3) [Reserved]
(4) Sport fishing. We allow sport fishing on designated areas of
the refuge subject to the following conditions:
(i) We open the lake to fishing from 5 a.m. to 10 p.m. year round.
(ii) We open the refuge to ice fishing from October 1 through March
31.
(dd) Lake National Wildlife Refuge. (1) [Reserved]
(2) Upland game hunting. We allow hunting of all State-defined
species subject to the following condition: Access is controlled by the
individual landowner.
(3) Big game hunting. We allow hunting of all State-defined species
subject to the following condition: Access is controlled by the
individual landowner.
(4) Sport fishing. We allow sport fishing on designated areas of
the refuge subject to the following condition: Access is controlled by
the individual landowner.
(ee) Lake Nettie National Wildlife Refuge. (1)-(2) [Reserved]
(3) Big game hunting. We allow hunting of white-tailed and mule
deer on designated areas of the refuge subject to the following
conditions:
(i) We allow only portable tree stands.
(ii) Hunters must remove tree stands from the refuge at the end of
each day's hunt (see Sec. 27.93 of this chapter).
(4) [Reserved]
(ff) Lake Otis National Wildlife Refuge. (1) [Reserved]
(2) Upland game hunting. We allow hunting of all State-defined
species subject to the following condition: Access is controlled by the
individual landowner.
(3) Big game hunting. We allow hunting of all State-defined species
subject to the following condition: Access is controlled by the
individual landowner.
(4) Sport fishing. We allow sport fishing on designated areas of
the refuge subject to the following conditions:
(i) Access is controlled by the individual landowner.
(ii) We prohibit boats during the regular North Dakota waterfowl
season.
(gg) Lake Patricia National Wildlife Refuge. (1) [Reserved]
(2) Upland game hunting. We allow hunting of all State-defined
species subject to the following condition: Access is controlled by the
individual landowner.
(3) Big game hunting. We allow hunting of all State-defined species
subject to the following condition: Access is controlled by the
individual landowner.
(4) Sport fishing. We allow sport fishing on designated areas of
the refuge subject to the following conditions:
(i) Access is controlled by the individual landowner.
(ii) We prohibit boats during the regular North Dakota waterfowl
season.
(hh) Lake Zahl National Wildlife Refuge. (1) [Reserved]
(2) Upland game hunting. We allow hunting of sharp-tailed grouse,
Hungarian partridge, and ring-necked pheasant on designated areas of
the refuge subject to the following conditions:
(i) We open to upland game bird hunting on the day following the
close of the regular deer gun season through the end of the State
season.
(ii) We allow the use of hunting dogs to retrieve upland game.
(3) Big game hunting. We allow deer hunting on designated areas of
the refuge subject to the following conditions:
(i) You may only use portable tree stands and ground blinds. We
prohibit leaving stands and blinds overnight (see Sec. 27.93 of this
chapter).
(ii) We prohibit entry to the refuge before 12 p.m. (noon) on the
first day of the respective archery, gun, or muzzleloader deer hunting
season.
(4) [Reserved]
[[Page 54134]]
(ii) Lambs Lake National Wildlife Refuge. (1) [Reserved]
(2) Upland game hunting. We allow hunting of all State-defined
species subject to the following condition: Access is controlled by the
individual landowner.
(3) Big game hunting. We allow hunting of all State-defined species
subject to the following condition: Access is controlled by the
individual landowner.
(4) Sport fishing. We allow sport fishing on designated areas of
the refuge subject to the following conditions:
(i) Access is controlled by the individual landowner.
(ii) We prohibit boats during the regular North Dakota waterfowl
season.
(jj) Little Goose Lake National Wildlife Refuge. (1) [Reserved]
(2) Upland game hunting. We allow hunting of all State-defined
species subject to the following condition: Access is controlled by the
individual landowner.
(3) Big game hunting. We allow hunting of all State-defined species
subject to the following condition: Access is controlled by the
individual landowner.
(4) Sport fishing. We allow sport fishing on designated areas of
the refuge subject to the following conditions:
(i) Access is controlled by the individual landowner.
(ii) We prohibit boats during the regular North Dakota waterfowl
season.
(kk) Long Lake National Wildlife Refuge. (1) [Reserved]
(2) Upland game hunting. We allow hunting of ring-necked pheasant,
sharp-tailed grouse, and grey partridge on designated areas of the
refuge subject to the following condition: We open to upland game bird
hunting annually on the day following the close of the firearm deer
season through the close of the State season.
(3) Big game hunting. We allow hunting of deer on designated areas
of the refuge.
(4) Sport fishing. We allow sport fishing on designated areas of
the refuge subject to the following condition: We only allow fishing
from legal sunrise to legal sunset.
(ll) Long Lake Wetland Management District--(1) Migratory game bird
hunting. We allow migratory game bird hunting on designated areas of
the district subject to the following condition: You must remove boats,
decoys, portable blinds, other personal property, and any materials
brought onto the area for blind construction by the end of each day's
hunt (see Sec. Sec. 27.93 and 27.94 of this chapter).
(2) Upland game hunting. We allow upland game hunting on designated
areas of the district.
(3) Big game hunting. We allow big game hunting on designated areas
of the district.
(4) Sport fishing. We allow sport fishing on designated areas of
the district subject to the following condition: You must remove boats,
motor vehicles, fishing equipment, and other personal property
(excluding ice houses) by the end of each day's fishing activity (see
Sec. Sec. 27.93 and 27.94 of this chapter).
(mm) Lords Lake National Wildlife Refuge. (1) [Reserved]
(2) Upland game hunting. We allow hunting of all State-defined
species subject to the following condition: Access is controlled by the
individual landowner.
(3) Big game hunting. We allow hunting of all State-defined species
subject to the following condition: Access is controlled by the
individual landowner.
(4) Sport fishing. We allow sport fishing on designated areas of
the refuge subject to the following conditions:
(i) Access is controlled by the individual landowner.
(ii) We prohibit boats during the regular North Dakota waterfowl
season.
(nn) Lost Lake National Wildlife Refuge. (1) [Reserved]
(2) Upland game hunting. We allow hunting of all State-defined
species subject to the following condition: Access is controlled by the
individual landowner.
(3) Big game hunting. We allow hunting of all State-defined species
subject to the following condition: Access is controlled by the
individual landowner.
(4) Sport fishing. We allow sport fishing on designated areas of
the refuge subject to the following conditions:
(i) Access is controlled by the individual landowner.
(ii) We prohibit boats during the regular North Dakota waterfowl
season.
(oo) Lostwood National Wildlife Refuge. (1) [Reserved]
(2) Upland game hunting. We allow hunting of sharp-tailed grouse,
Hungarian partridge, and ring-necked pheasant on designated areas of
the refuge subject to the following condition: We allow the use of dogs
to retrieve upland game.
(3) Big game hunting. We allow deer and moose hunting on designated
areas of the refuge subject to the following condition: We prohibit
entry to the refuge before 12 p.m. (noon) on the first day of the
respective archery, gun, or muzzleloader deer hunting season.
(4) [Reserved]
(pp) Lostwood Wetland Management District--(1) Migratory game bird
hunting. We allow migratory game bird hunting on designated areas of
the district subject to the following condition: You must remove boats,
decoys, portable blinds, other personal property, and any materials
brought onto the area for blind construction by the end of each day's
hunt (see Sec. Sec. 27.93 and 27.94 of this chapter).
(2) Upland game hunting. We allow upland game hunting on designated
areas of the district.
(3) Big game hunting. We allow big game hunting on designated areas
of the district.
(4) Sport fishing. We allow sport fishing on designated areas of
the district subject to the following condition: You must remove boats,
motor vehicles, fishing equipment, and other personal property
(excluding ice houses) by the end of each day's fishing activity (see
Sec. Sec. 27.93 and 27.94 of this chapter).
(qq) Maple River National Wildlife Refuge. (1) [Reserved]
(2) Upland game hunting. We allow hunting of all State-defined
species subject to the following condition: Access is controlled by the
individual landowner.
(3) Big game hunting. We allow hunting of all State-defined species
subject to the following condition: Access is controlled by the
individual landowner.
(4) Sport fishing. We allow sport fishing on designated areas of
the refuge subject to the following conditions:
(i) Access is controlled by the individual landowner.
(ii) We prohibit boats during the regular North Dakota waterfowl
season.
(rr) Pleasant Lake National Wildlife Refuge. (1) [Reserved]
(2) Upland game hunting. We allow hunting of all State-defined
species subject to the following condition: Access is controlled by the
individual landowner.
(3) Big game hunting. We allow hunting of all State-defined species
subject to the following condition: Access is controlled by the
individual landowner.
(4) Sport fishing. We allow sport fishing on designated areas of
the refuge subject to the following conditions:
(i) Access is controlled by the individual landowner.
(ii) We prohibit boats during the regular North Dakota waterfowl
season.
(ss) Pretty Rock National Wildlife Refuge. (1) [Reserved]
(2) Upland game hunting. We allow hunting of all State-defined
species
[[Page 54135]]
subject to the following condition: Access is controlled by the
individual landowner.
(3) Big game hunting. We allow hunting of all State-defined species
subject to the following condition: Access is controlled by the
individual landowner.
(4) Sport fishing. We allow sport fishing on designated areas of
the refuge subject to the following conditions:
(i) Access is controlled by the individual landowner.
(ii) We prohibit boats during the regular North Dakota waterfowl
season.
(tt) Rabb Lake National Wildlife Refuge. (1) [Reserved]
(2) Upland game hunting. We allow hunting of all State-defined
species subject to the following condition: Access is controlled by the
individual landowner.
(3) Big game hunting. We allow hunting of all State-defined species
subject to the following condition: Access is controlled by the
individual landowner.
(4) Sport fishing. We allow sport fishing on designated areas of
the refuge subject to the following conditions:
(i) Access is controlled by the individual landowner.
(ii) We prohibit boats during the regular North Dakota waterfowl
season.
(uu) Rock Lake National Wildlife Refuge. (1) [Reserved]
(2) Upland game hunting. We allow hunting of all State-defined
species subject to the following condition: Access is controlled by the
individual landowner.
(3) Big game hunting. We allow hunting of all State-defined species
subject to the following condition: Access is controlled by the
individual landowner.
(4) Sport fishing. We allow sport fishing on designated areas of
the refuge subject to the following conditions:
(i) Access is controlled by the individual landowner.
(ii) We prohibit boats during the regular North Dakota waterfowl
season.
(vv) Rose Lake National Wildlife Refuge. (1) [Reserved]
(2) Upland game hunting. We allow hunting of all State-defined
species subject to the following condition: Access is controlled by the
individual landowner.
(3) Big game hunting. We allow hunting of all State-defined species
subject to the following condition: Access is controlled by the
individual landowner.
(4) Sport fishing. We allow sport fishing on designated areas of
the refuge subject to the following condition: Access is controlled by
the individual landowner.
(ww) School Section National Wildlife Refuge. (1) [Reserved]
(2) Upland game hunting. We allow hunting of all State-defined
species subject to the following condition: Access is controlled by the
individual landowner.
(3) Big game hunting. We allow hunting of all State-defined species
subject to the following condition: Access is controlled by the
individual landowner.
(4) Sport fishing. We allow sport fishing on designated areas of
the refuge subject to the following condition: Access is controlled by
the individual landowner.
(xx) Sheyenne Lake National Wildlife Refuge. (1) [Reserved]
(2) Upland game hunting. We allow hunting of all State-defined
species subject to the following condition: Access is controlled by the
individual landowner.
(3) Big game hunting. We allow hunting of all State-defined species
subject to the following condition: Access is controlled by the
individual landowner.
(4) Sport fishing. We allow sport fishing on designated areas of
the refuge subject to the following condition: Access is controlled by
the individual landowner.
(yy) Sibley Lake National Wildlife Refuge. (1) [Reserved]
(2) Upland game hunting. We allow hunting of all State-defined
species subject to the following condition: Access is controlled by the
individual landowner.
(3) Big game hunting. We allow hunting of all State-defined species
subject to the following condition: Access is controlled by the
individual landowner.
(4) Sport fishing. We allow sport fishing on designated areas of
the refuge subject to the following conditions:
(i) Access is controlled by the individual landowner.
(ii) We prohibit boats during the regular North Dakota waterfowl
season.
(zz) Silver Lake National Wildlife Refuge. (1) [Reserved]
(2) Upland game hunting. We allow hunting of all State-defined
species subject to the following condition: Access is controlled by the
individual landowner.
(3) Big game hunting. We allow hunting of all State-defined species
subject to the following condition: Access is controlled by the
individual landowner.
(4) Sport fishing. We allow sport fishing on designated areas of
the refuge subject to the following conditions:
(i) Access is controlled by the individual landowner.
(ii) We prohibit boats during the regular North Dakota waterfowl
season.
(aaa) Slade National Wildlife Refuge. (1)-(2) [Reserved]
(3) Big game hunting. We allow hunting of deer on designated areas
of the refuge.
(4) [Reserved]
(bbb) Snyder Lake National Wildlife Refuge. (1) [Reserved]
(2) Upland game hunting. We allow hunting of all State-defined
species subject to the following condition: Access is controlled by the
individual landowner.
(3) Big game hunting. We allow hunting of all State-defined species
subject to the following condition: Access is controlled by the
individual landowner.
(4) Sport fishing. We allow sport fishing on designated areas of
the refuge subject to the following conditions:
(i) Access is controlled by the individual landowner.
(ii) We prohibit boats during the regular North Dakota waterfowl
season.
(ccc) Springwater National Wildlife Refuge. (1) [Reserved]
(2) Upland game hunting. We allow hunting of all State-defined
species subject to the following condition: Access is controlled by the
individual landowner.
(3) Big game hunting. We allow hunting of all State-defined species
subject to the following condition: Access is controlled by the
individual landowner.
(4) Sport fishing. We allow sport fishing on designated areas of
the refuge subject to the following conditions:
(i) Access is controlled by the individual landowner.
(ii) We prohibit boats during the regular North Dakota waterfowl
season.
(ddd) Stewart Lake National Wildlife Refuge. (1)-(3) [Reserved]
(4) Sport fishing. We allow ice or shore fishing on designated
areas of the refuge.
(eee) Stoney Slough National Wildlife Refuge. (1) [Reserved]
(2) Upland game hunting. We allow hunting of all State-defined
species subject to the following condition: Access is controlled by the
individual landowner.
(3) Big game hunting. We allow hunting of all State-defined species
subject to the following condition: Access is controlled by the
individual landowner.
(4) Sport fishing. We allow sport fishing on designated areas of
the refuge subject to the following conditions:
(i) Access is controlled by the individual landowner.
(ii) We prohibit boats during the regular North Dakota waterfowl
season.
[[Page 54136]]
(fff) Storm Lake National Wildlife Refuge. (1) [Reserved]
(2) Upland game hunting. We allow hunting of all State-defined
species subject to the following condition: Access is controlled by the
individual landowner.
(3) Big game hunting. We allow hunting of all State-defined species
subject to the following condition: Access is controlled by the
individual landowner.
(4) Sport fishing. We allow sport fishing on designated areas of
the refuge subject to the following conditions:
(i) Access is controlled by the individual landowner.
(ii) We prohibit boats during the regular North Dakota waterfowl
season.
(ggg) Sunburst Lake National Wildlife Refuge. (1) [Reserved]
(2) Upland game hunting. We allow hunting of all State-defined
species subject to the following condition: Access is controlled by the
individual landowner.
(3) Big game hunting. We allow hunting of all State-defined species
subject to the following condition: Access is controlled by the
individual landowner.
(4) Sport fishing. We allow sport fishing on designated areas of
the refuge subject to the following conditions:
(i) Access is controlled by the individual landowner.
(ii) We prohibit boats during the regular North Dakota waterfowl
season.
(hhh) Tewaukon National Wildlife Refuge. (1) [Reserved]
(2) Upland game hunting. We allow ring-necked pheasant hunting on
designated areas of the refuge subject to the following condition: We
open for upland game hunting on the first Monday following the close of
the State deer gun season through the close of the State pheasant
season.
(3) Big game hunting. We allow deer hunting on designated areas of
the refuge subject to the following conditions:
(i) We allow deer bow hunting on designated areas of the refuge as
governed by State regulations.
(ii) The deer bow hunting season closes September 30, reopens the
Friday following the close of the State gun deer season, and continues
through the end of the State archery deer season.
(4) Sport fishing. We allow sport fishing on designated areas of
the refuge.
(iii) Tewaukon Wetland Management District--(1) Migratory game bird
hunting. We allow migratory game bird hunting on designated areas of
the district subject to the following condition: You must remove boats,
decoys, portable blinds, other personal property, and any materials
brought onto the area for blind construction by the end of each day's
hunt (see Sec. Sec. 27.93 and 27.94 of this chapter).
(2) Upland game hunting. We allow upland game hunting on designated
areas of the district.
(3) Big game hunting. We allow big game hunting on designated areas
of the district.
(4) Sport fishing. We allow sport fishing on designated areas of
the district subject to the following condition: You must remove boats,
motor vehicles, fishing equipment, and other personal property
(excluding ice houses) by the end of each day (see Sec. Sec. 27.93 and
27.94 of this chapter).
(jjj) Tomahawk National Wildlife Refuge. (1) [Reserved]
(2) Upland game hunting. We allow hunting of all State-defined
species subject to the following condition: Access is controlled by the
individual landowner.
(3) Big game hunting. We allow hunting of all State-defined species
subject to the following condition: Access is controlled by the
individual landowner.
(4) Sport fishing. We allow sport fishing on designated areas of
the refuge subject to the following conditions:
(i) Access is controlled by the individual landowner.
(ii) We prohibit boats during the regular North Dakota waterfowl
season.
(kkk) Upper Souris National Wildlife Refuge. (1) [Reserved]
(2) Upland game hunting. We allow hunting of wild turkey, sharp-
tailed grouse, Hungarian partridge, and pheasant on designated areas of
the refuge subject to the following conditions:
(i) We allow the use of dogs for hunting and retrieving of upland
game birds with the exception of wild turkey.
(ii) We allow hunters on the refuge from 5 a.m. until 10 p.m.
(3) Big game hunting. We allow deer and moose hunting on designated
areas of the refuge subject to the following conditions:
(i) We only allow the use of portable tree stands and ground
blinds. You must remove stands and blinds from the refuge at the end of
each day's hunt (see Sec. 27.93 of this chapter).
(ii) The condition set forth at paragraph (kkk)(2)(ii) of this
section applies.
(iii) We prohibit entry to the refuge before 12 p.m. (noon) on the
first day of the respective bow, gun, or muzzleloader deer hunting
seasons.
(4) Sport fishing. We allow sport fishing on designated areas of
the refuge subject to the following conditions:
(i) We allow the use of fishing boats, canoes, kayaks, and float
tubes in designated boat fishing areas from Lake Darling Dam north to
State Highway 28 (Greene) crossing for fishing from May 1 through
September 30.
(ii) We allow fishing from nonmotorized vessels only on the Beaver
Lodge Canoe Trail from May 1 through September 30.
(iii) We allow boating and fishing from vessels on the Souris River
from Mouse River Park to the north boundary of the refuge from May 1
through September 30.
(iv) We allow snowmobiles, all-terrain vehicles (ATVs), utility
terrain vehicles (UTVs), motor vehicles, and fish houses on the ice as
conditions allow from Lake Darling Dam north to Carter Dam (Dam 41) for
ice fishing.
(v) We allow you to place fish houses overnight on the ice of Lake
Darling as governed by State regulations.
(vi) We allow anglers to place portable fish houses on the Souris
River north of Carter Dam (Dam 41) and south of Lake Darling Dam for
ice fishing, but anglers must remove the fish houses from the refuge at
the end of each day's fishing activity (see Sec. 27.93 of this
chapter).
(vii) We allow anglers on the refuge from 5 a.m. until 10 p.m.
(lll) Wild Rice National Wildlife Refuge. (1) [Reserved]
(2) Upland game hunting. We allow hunting of all State-defined
species subject to the following condition: Access is controlled by the
individual landowner.
(3) Big game hunting. We allow hunting of all State-defined species
subject to the following condition: Access is controlled by the
individual landowner.
(4) Sport fishing. We allow sport fishing on designated areas of
the refuge subject to the following conditions:
(i) Access is controlled by the individual landowner.
(ii) We prohibit boats during the regular North Dakota waterfowl
season.
(mmm) Willow Lake National Wildlife Refuge. (1) [Reserved]
(2) Upland game hunting. We allow hunting of all State-defined
species subject to the following condition: Access is controlled by the
individual landowner.
(3) Big game hunting. We allow hunting of all State-defined species
subject to the following condition: Access is controlled by the
individual landowner.
(4) Sport fishing. We allow sport fishing on designated areas of
the refuge subject to the following conditions:
(i) Access is controlled by the individual landowner.
[[Page 54137]]
(ii) We prohibit boats during the regular North Dakota waterfowl
season.
(nnn) Wintering River National Wildlife Refuge. (1) [Reserved]
(2) Upland game hunting. We allow hunting of all State-defined
species subject to the following condition: Access is controlled by the
individual landowner.
(3) Big game hunting. We allow hunting of all State-defined species
subject to the following condition: Access is controlled by the
individual landowner.
(4) Sport fishing. We allow sport fishing on designated areas of
the refuge subject to the following conditions:
(i) Access is controlled by the individual landowner.
(ii) We prohibit boats during the regular North Dakota waterfowl
season.
(ooo) Wood Lake National Wildlife Refuge. (1) [Reserved]
(2) Upland game hunting. We allow hunting of all State-defined
species subject to the following condition: Access is controlled by the
individual landowner.
(3) Big game hunting. We allow hunting of all State-defined species
subject to the following condition: Access is controlled by the
individual landowner.
(4) Sport fishing. We allow sport fishing on designated areas of
the refuge subject to the following conditions:
(i) Access is controlled by the individual landowner.
(ii) We prohibit boats during the regular North Dakota waterfowl
season.
0
32. Amend Sec. 32.54 by:
0
a. Revising paragraph (b)(1) introductory text;
0
b. Adding paragraphs (b)(2)(iii) and (iv); and
0
c. Revising paragraph (b)(3)(ii)(C).
The revisions and additions read as follows:
Sec. 32.54 Ohio.
* * * * *
(b) * * *
(1) Migratory game bird hunting. We allow hunting of duck, goose,
rail, gallinule, coot, dove, woodcock, crow, and snipe on designated
areas of the refuge subject to the following conditions:
* * * * *
(2) * * *
(iii) We prohibit hunting or shooting within 150 feet (45.7 meters)
of any structure, building, or parking lot.
(iv) For hunting, you may use or possess only approved nontoxic
shot shells (see Sec. 32.2(k)) while in the field.
(3) * * *
(ii) * * *
(C) The condition set forth at paragraph (b)(2)(iv) applies while
turkey hunting.
* * * * *
0
33. Amend Sec. 32.55 by revising paragraphs (g)(4)(ii) and (vii)
through (x) to read as follows:
Sec. 32.55 Oklahoma.
* * * * *
(g) * * *
(4) * * *
(ii) Anglers may use boats from March 1 through September 30 in
designated waters unless otherwise specified on the fishing tearsheet.
* * * * *
(vii) Anglers may fish after legal sunset from a boat (during
boating season) in the Cumberland Pool, except in the sanctuary zones.
Anglers may fish after legal sunset at the headquarters boat ramp area,
Goose Pen Pond, Sandy Creek Bridge, Murray 23, and Nida Point.
(viii) We allow bowfishing in Pennington Creek and the Washita
River during daylight hours.
(ix) We prohibit the take of fish by use of hands (noodling).
(x) We prohibit the take of frog, turtle, or mussel (see Sec.
27.21 of this chapter).
* * * * *
0
34. Amend Sec. 32.56 by:
0
a. Revising paragraphs (f) and (n)(1) introductory text;
0
b. Redesignating paragraph (t) as paragraph (u); and
0
c. Adding new paragraph (t).
The revisions and addition read as follows:
Sec. 32.56 Oregon.
* * * * *
(f) Hart Mountain National Antelope Refuge--(1) Migratory game bird
hunting. We allow hunting of duck, goose, and coot on designated areas
of the refuge subject to the following conditions:
(i) We allow only portable blinds and temporary blinds constructed
of synthetic or nonliving natural materials.
(ii) We prohibit digging of pit blinds for waterfowl hunting.
(2) Upland game hunting. We allow hunting of chukar and California
quail on designated areas of the refuge.
(3) Big game hunting. We allow hunting of deer, antelope, and
bighorn sheep on designated areas of the refuge subject to the
following conditions:
(i) We allow only portable blinds and temporary blinds constructed
of synthetic or nonliving natural materials.
(ii) We allow ground blinds, but we prohibit construction of them
earlier than 1 week prior to the opening day of the legal season for
which you have a valid permit.
(iii) You must remove blinds within 24 hours of harvesting an
animal or at the end of the permittee's legal season (see Sec. 27.93
of this chapter).
(iv) We limit hunters to one blind each, and you must tag blinds
with the owner's State license or permit number.
(4) Sport fishing. We allow fishing on designated areas of the
refuge.
* * * * *
(n) * * *
(1) Migratory game bird hunting. We allow hunting of duck, goose,
and coot on designated areas of the refuge subject to the following
conditions:
* * * * *
(t) Wapato Lake National Wildlife Refuge--(1) Migratory game bird
hunting. We allow hunting of duck, goose, and coot on designated areas
of the refuge subject to the following conditions:
(i) We allow hunting on Tuesdays, Thursdays, and Saturdays during
the State waterfowl season.
(ii) The hunt area is open for access 2 hours before and after
legal shooting hours.
(iii) All hunters must hunt from designated blinds except to
retrieve downed birds. We prohibit hunting from levees.
(iv) We allow a maximum occupancy of four persons per blind.
(v) Disabled hunters must possess an Oregon Disabilities Hunting
and Fishing Permit issued by the Oregon Department of Fish and Wildlife
to qualify for preference in using the ADA Accessibility Guidelines
blind or Federal Access pass.
(vi) You must remove decoys, other personal property, and trash
(including empty shotgun hulls) from the refuge at the end of each
day's hunt (see Sec. Sec. 27.93 and 27.94 of this chapter).
(vii) We allow the use of dogs for retrieving waterfowl.
(viii) Hunters must submit a Migratory Bird Hunt Report (FWS Form
3-2361) at the end of each day's hunt.
(2)-(4) [Reserved]
* * * * *
0
35. Amend Sec. 32.57 by:
0
a. Revising paragraph (a);
0
b. Adding paragraphs (b)(1)(iv) and (b)(2)(iii); and
0
c. Revising paragraphs (b)(4)(iv), (c)(3), and (c)(4)(iv).
The revisions and additions read as follows:
Sec. 32.57 Pennsylvania.
* * * * *
(a) Cherry Valley National Wildlife Refuge--(1) Migratory game bird
[[Page 54138]]
hunting. We allow hunting of migratory game birds on designated areas
of the refuge subject to the following conditions:
(i) Hunters must obtain and possess a signed refuge hunt permit
(FWS Form 3-2439, Hunt Application--National Wildlife Refuge System) at
all times while scouting and hunting on the refuge.
(ii) Hunters may enter the refuge 2 hours before legal shooting
time and must leave no later than 2 hours after legal shooting time.
(iii) We allow the use of dogs consistent with State regulations.
(2) Upland game hunting. We allow hunting of squirrel, grouse,
rabbit, pheasant, quail, woodchuck, crow, fox, raccoon, opossum, skunk,
weasel, coyote, and bobcat on designated areas of the refuge subject to
the following conditions:
(i) The conditions set forth at paragraphs (a)(1)(i), (ii), and
(iii) of this section apply.
(ii) We allow hunting from legal sunrise to legal sunset.
(3) Big game hunting. We allow hunting of white-tailed deer, bear,
and wild turkey on designated areas of the refuge subject to the
following conditions:
(i) The conditions set forth at paragraphs (a)(1)(i) and (ii) of
this section apply.
(ii) We prohibit organized deer drives. 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(s) who is
part of the organized or planned hunt and known to be waiting for the
deer.
(4) Sport fishing. We allow sport fishing on the refuge subject to
the following conditions:
(i) The Cherry Creek section located on the former Cherry Valley
Golf Course is open for catch-and-release fishing. Anglers at this
location must:
(A) Obtain a day-use fishing permit (signed brochure). A maximum of
three anglers per day may share the same permit; and
(B) Use only artificial lures and barbless hooks to fish.
(ii) We allow fishing from \1/2\ hour before legal sunrise to \1/2\
hour after legal sunset.
(iii) We allow only nonmotorized or electric-motor boats in
designated areas.
(iv) We prohibit the use of eel chutes, eelpots, and fyke nets.
(v) We prohibit trapping fish for use as bait.
(vi) We prohibit the take, collection, capture, killing, and
possession of any reptile or amphibian on the refuge.
(b) * * *
(1) * * *
(iv) We allow the use of dogs consistent with State regulations.
(2) * * *
(iii) The condition set forth at paragraph (b)(1)(iv) of this
section applies.
* * * * *
(4) * * *
(iv) We prohibit the taking or possession of shellfish on the
refuge.
(c) * * *
(3) Big game hunting. We allow archery-only hunting of white-tailed
deer on designated areas of the refuge subject to the following
condition: Hunters must possess a refuge hunt permit (FWS Form 3-2439,
Hunt Application--National Wildlife Refuge System).
(4) * * *
(iv) We prohibit the take, collection, or capture of any reptile or
amphibian on the refuge.
* * * * *
0
36. Revise Sec. 32.58 to read as follows:
Sec. 32.58 Rhode Island.
The following refuge units are open for hunting and/or fishing as
governed by applicable Federal and State regulations, and are listed in
alphabetical order with additional refuge-specific regulations.
(a) Block Island National Wildlife Refuge--(1) Migratory game bird
hunting. We allow hunting of duck, merganser, and coot on designated
areas of the refuge subject to the following conditions:
(i) We require hunters to possess and carry a signed refuge hunting
brochure valid for the current season.
(ii) We only allow portable or temporary blinds, and decoys must be
removed from the refuge following each day's hunt (see Sec. 27.93 of
this chapter).
(iii) We allow the use of dogs consistent with State regulations.
Dogs must be under direct control of the hunter at all times.
(2) [Reserved]
(3) Big game hunting. We allow hunting of white-tailed deer on
designated areas of the refuge subject to the following conditions:
(i) We require hunters to possess and carry a signed refuge hunting
brochure valid for the current season.
(ii) We only allow portable or temporary stands and blinds that
must be removed from the refuge on the last day of the deer hunt (see
Sec. 27.93 of this chapter). Stands and blinds must be marked with the
hunter's State hunting license number.
(4) Sport fishing. We allow saltwater fishing from refuge
shorelines.
(b) John H. Chafee National Wildlife Refuge--(1) Migratory game
bird hunting. We allow hunting of duck, goose, merganser, and coot on
designated areas of the refuge subject to the following conditions:
(i) We require hunters to possess and carry a signed refuge
migratory game bird hunting brochure valid for the current season.
(ii) We only allow portable or temporary blinds and decoys that
must be removed from the refuge following each day's hunt (see Sec.
27.93 of this chapter).
(iii) We allow the use of dogs consistent with State regulations.
(2) Upland game hunting. We allow hunting of coyote and fox on
designated areas of the refuge subject to the following condition: We
only allow the incidental take of coyote and fox during the refuge deer
hunting season with a signed refuge hunting brochure valid for the
current season.
(3) Big game hunting. We allow hunting of white-tailed deer and
wild turkey on designated areas of the refuge subject to the following
conditions:
(i) We require every hunter to possess and carry a personally
signed refuge hunting brochure valid for the current season.
(ii) We only allow portable or temporary stands and blinds that
must be removed from the refuge on the last day of the deer hunt (see
Sec. 27.93 of this chapter). We prohibit permanent tree stands. Stands
and blinds must be marked with the hunter's State hunting license
number.
(4) Sport fishing. We allow saltwater fishing in designated areas
of the refuge.
(c) Ninigret National Wildlife Refuge. (1) [Reserved]
(2) Upland game hunting. We allow hunting of coyote and fox on
designated areas of the refuge subject to the following condition: We
only allow the incidental take of coyote and fox during the refuge deer
hunting season. We require hunters to possess and carry a signed refuge
hunting brochure valid for the current season.
(3) Big game hunting. We allow hunting of white-tailed deer and
turkey on designated areas of the refuge subject to the following
conditions:
(i) We require hunters to possess and carry a signed refuge hunting
brochure valid for the current season.
(ii) We only allow portable or temporary stands and blinds that
must be removed from the refuge on the last day of the deer hunt (see
Sec. 27.93 of this chapter). We prohibit permanent tree stands. Stands
and blinds must be marked with the hunter's State hunting license
number.
[[Page 54139]]
(4) Sport fishing. We allow saltwater fishing from refuge
shorelines.
(d) Sachuest Point National Wildlife Refuge. (1) [Reserved]
(2) Upland game hunting. We allow hunting of fox and coyote on
designated areas of the refuge subject to the following condition: We
only allow the incidental take of fox and coyote during limited,
periodic hunts with a signed hunt application (see paragraph (d)(3)(i)
of this section).
(3) Big game hunting. We allow hunting of white-tailed deer on
designated areas of the refuge subject to the following conditions:
(i) We require every hunter to possess and carry a personally
signed hunt application (FWS Form 3-2439, Hunt Application--National
Wildlife Refuge System).
(ii) We only allow hunting of big game during limited, periodic
hunts.
(iii) We only allow portable tree stands and blinds. You must
clearly label any tree stand or blind left on the refuge overnight with
your refuge permit number. You must remove your tree stand(s) and/or
blind(s) from the refuge on the last day of the refuge-authorized deer
hunt (see Sec. 27.93 of this chapter).
(4) Sport fishing. We allow saltwater fishing on designated areas
of the refuge subject to the following conditions:
(i) Anglers may only saltwater fish at Sachuest Beach shoreline
from September 16 through March 31.
(ii) Anglers may night-fish after legal sunset with a refuge permit
(FWS Form 3-2358, National Wildlife Refuge System Fishing/Shrimping/
Crabbing/Frogging Application).
(e) Trustom Pond National Wildlife Refuge--(1) Migratory game bird
hunting. We allow hunting of duck, goose, merganser, coot, and mourning
dove on designated areas of the refuge subject to the following
condition: We allow the use of dogs consistent with State regulations.
(2)-(3) [Reserved]
(4) Sport fishing. We allow saltwater fishing on designated areas
of the refuge subject to the following condition: Anglers may saltwater
fish from September 16 through March 31.
0
37. Amend Sec. 32.59 by revising paragraph (b)(3) introductory text to
read as follows:
Sec. 32.59 South Carolina.
* * * * *
(b) * * *
(3) Big game hunting. We allow hunting of white-tailed deer,
turkey, coyote, and feral hog on designated areas of the refuge subject
to the following conditions:
* * * * *
0
38. Amend Sec. 32.60 by revising paragraph (b) to read as follows:
Sec. 32.60 South Dakota.
* * * * *
(b) LaCreek National Wildlife Refuge--(1) Migratory game bird
hunting. We allow the hunting of goose, duck, coot, common snipe,
sandhill crane, crow, and mourning dove on designated areas of the
refuge subject to the following conditions:
(i) Hunters may enter the refuge 2 hours before legal sunrise and
remain no longer than 2 hours after legal sunset. We allow access from
refuge parking areas, adjacent public lands, and adjacent private lands
enrolled in public access programs.
(ii) We allow the use of motorized boats for hunting and game
retrieval on the Little White River Recreation Area. We allow the use
of manual powered boats for hunting and game retrieval on all waters
within open hunt areas and the use of boats with electric motors on
Pool #10.
(iii) We allow the use of dogs.
(iv) We prohibit shooting from or over refuge roads and parking
areas.
(v) We prohibit hunting light geese during the spring conservation
order.
(vi) For crow hunting, we prohibit hunting with rifles and hunting
during the spring season.
(2) Upland game hunting. We allow the hunting of bobcat, coyote,
fox, cottontail rabbit, mountain lion, prairie chicken, ring-necked
pheasant, and sharp-tailed grouse on designated areas of the refuge
subject to the following conditions:
(i) The conditions set forth at paragraphs (b)(1)(i), (ii), and
(iv) of this section apply.
(ii) We allow access for bobcat, coyote, fox, and mountain lion
hunting January 1 through February 15, and hunting hours are from \1/2\
hour before legal sunrise to \1/2\ hour after legal sunset.
(iii) We prohibit the use of dogs when hunting bobcat, coyote, fox,
and mountain lion. We allow the use of dogs while hunting other upland
game.
(iv) Coyotes and all furbearers or their parts, if left in the
field, must be left at least 50 yards away from any road, trail, or
building. Otherwise, hunters must remove them from the refuge.
(3) Big game hunting. We allow hunting of white-tailed and mule
deer on designated areas of the refuge subject to the following
conditions:
(i) The conditions set forth at paragraphs (b)(1)(i) through (iv)
of this section apply.
(ii) Hunters may leave portable tree stands and free-standing
elevated platforms on the refuge from August 25 through February 15.
Hunters must remove all other personal property by the end of each
day's hunt (see Sec. 27.93 of this chapter).
(iii) We close the refuge to archery hunting during refuge firearm
seasons.
(4) Sport fishing. We allow sport fishing on designated areas of
the refuge subject to the following conditions:
(i) We prohibit the use or possession of live minnows or bait fish
in Pools 3, 4, 7, and 10 and the Cedar Creek Trout Ponds.
(ii) We open designated fishing areas from \1/2\ hour before legal
sunrise to \1/2\ hour after legal sunset, except the Little White River
Recreation Area.
* * * * *
0
39. Amend Sec. 32.61 by:
0
a. Revising paragraphs (g)(1) introductory text, (g)(1)(v) and (vi),
(g)(2), and (g)(3)(i);
0
b. Removing paragraph (g)(3)(ii);
0
c. Redesignating paragraphs (g)(3)(iii) and (iv) as paragraphs
(g)(3)(ii) and (iii), respectively; and
0
d. Revising paragraph (g)(4)(i).
The revisions read as follows:
Sec. 32.61 Tennessee.
* * * * *
(g) Tennessee National Wildlife Refuge--(1) Migratory game bird
hunting. We allow hunting of Canada goose, dove, and crow on designated
areas of the refuge subject to the following conditions:
* * * * *
(v) Youth hunters age 16 and younger must be accompanied by an
adult 21 years old or older who has a refuge hunting permit on his or
her person. The adult must remain in a position to take immediate
control of the hunting device.
(vi) We allow the use of dogs for migratory bird, squirrel,
raccoon, and opossum hunting.
* * * * *
(2) Upland game hunting. We allow hunting of squirrel, coyote,
beaver, raccoon, and opossum on designated areas of the refuge subject
to the following conditions:
(i) The conditions set forth at paragraphs (g)(1)(i) through (vi)
and (viii) of this section apply.
(ii) We allow hunting for raccoon and opossum from legal sunset to
legal sunrise.
(3) * * *
[[Page 54140]]
(i) The conditions set forth at paragraphs (g)(1)(i) through (v)
and (viii) of this section apply.
* * * * *
(4) * * *
(i) We allow fishing in Swamp Creek, Sulphur Well Bay, and Bennetts
Creek from March 16 through November 14. We open the remainder of the
refuge portion of Kentucky Lake to fishing year-round. We allow bank
fishing year-round along Refuge Lane from the New Johnsonville Pump
Station.
* * * * *
0
40. Amend Sec. 32.62 by revising paragraphs (f), (i), and (j) to read
as follows:
Sec. 32.62 Texas.
* * * * *
(f) Buffalo Lake National Wildlife Refuge--(1) Migratory bird
hunting. We allow hunting of mourning dove, white-winged dove, and
Eurasian collared-dove on designated areas of the refuge subject to the
following conditions:
(i) We require hunters to obtain a Special Use Permit (FWS Form 3-
1383-G).
(ii) Hunters age 17 and younger (``youth hunters'') must be under
the direct supervision of an adult age 18 or older (``adult
supervisor'').
(iii) We limit hunting to no more than 6 days with a maximum of 12
hunters, during the concurrent pheasant/quail season as governed by the
State of Texas hunting season.
(iv) Hunting hours will be from 30 minutes before legal sunrise
until noon.
(v) All hunters must check in and out at refuge headquarters.
(vi) Bag limits will be determined annually for each species, but
will never exceed the limits set by Texas Parks and Wildlife Department
(TPWD).
(2) Upland game hunting. We allow hunting of ring-necked pheasant,
northern bobwhite, and scaled quail on designated areas of the refuge
subject to the following conditions:
(i) The conditions set forth at paragraphs (f)(1)(ii), (iii), and
(v) of this section apply.
(ii) Hunting hours will be from 9 a.m. to 4:30 p.m.
(iii) We allow only shotguns for pheasant and quail hunting.
(3) Big game hunting. We allow hunting of white-tailed deer, mule
deer, and feral hog on designated areas of the refuge subject to the
following conditions:
(i) The condition set forth at paragraph (f)(1)(ii) of this section
applies.
(ii) After legal sunset, hunters may be in designated camping areas
only. We prohibit hunters in all other areas of the refuge after legal
sunset.
(iii) During the youth hunt, each adult supervisor may supervise
only one youth hunter. A youth hunter may have up to two adult
supervisors.
(4) [Reserved]
* * * * *
(i) Laguna Atascosa National Wildlife Refuge. (1)-(2) [Reserved]
(3) Big game hunting. We allow hunting of white-tailed deer, feral
hog, nilgai antelope, other exotic ungulates, and American alligator on
designated areas of the refuge subject to the following conditions:
(i) We allow the incidental take of nilgai antelope, feral hog, and
other rarely observed exotic ungulates (such as fallow deer, axis deer,
sika deer, Barbary sheep, and black buck) during all refuge hunts, with
the exception of American alligator hunts.
(ii) We require hunters to attend refuge hunter orientation before
hunting on the refuge. We require each hunter to obtain and carry with
them a signed and dated hunt information tearsheet (name only) in
addition to the State hunt permit.
(iii) Bag limits for species hunted on the refuge are provided in
the refuge hunt tearsheet annually.
(iv) Each hunter age 17 and younger must be under the direct
supervision of an adult age 18 or older.
(v) We allow a scouting period prior to the commencement of each
refuge hunt period. A permitted hunter and a limit of two non-permitted
individuals may enter the hunt units during the scouting period, which
begins after hunter orientation and ends at legal sunset. Each hunter
must clearly display a Vehicle Validation Tag face up on the vehicle
dashboard when scouting and hunting.
(vi) We allow hunters to enter the refuge 1\1/2\ hours before legal
sunrise during their permitted hunt periods. Hunters must leave the
hunt units no later than 1 hour after State legal shooting hours.
(vii) Hunters may access hunt units only by foot or bicycle.
(viii) We allow hunting from portable stands or by stalking and
still hunting. There is a limit of one blind or stand per permitted
hunter. Hunters must attach hunter identification (permit number or
State license number) to the blind or stand. Hunters must remove all
blinds and stands at the end of the permitted hunt period (see Sec.
27.93 of this chapter).
(ix) During American alligator hunts, we allow hunters to leave
hooks set over only one night period at a time; set lines must be
checked daily. Hunters must field dress all harvested big game in the
field and check the game at the hunt check station before removal from
the refuge. Hunters may use a nonmotorized cart to assist with the
transportation of harvested game animals.
(x) Hunters must field dress all harvested big game in the field
and check the game at the hunt check station before removal from the
refuge. Hunters may use a nonmotorized cart to assist with the
transportation of harvested game animals.
(xi) We prohibit the killing or wounding of a game animal and then
intentionally or knowingly failing to make a reasonable effort to
retrieve and include it in the hunter's bag limit.
(4) Sport fishing. We allow fishing and crabbing on designated
areas of the refuge subject to the following conditions:
(i) We allow fishing and crabbing year-round only from Adolph
Thomae Jr. County Park, on San Martin Lake of the Bahia Grande Unit,
and on the South Padre Island Unit.
(ii) We allow only pole and line, rod and reel, hand line, dip net,
or cast net for fishing. We prohibit the use of crab traps or pots for
crabbing. Anglers must attend all fishing lines, crabbing equipment,
and other fishing devices at all times.
(iii) In the Bahia Grande Unit, inside the refuge boundary on San
Martin Lake, we allow only bank and wade fishing within a designated
area, which may only be accessed on foot. In other waters of the Bahia
Grande Unit, we do not allow boats or fishing inside the refuge
boundary.
(j) Lower Rio Grande Valley National Wildlife Refuge--(1) Migratory
game bird hunting. We allow hunting of mourning, white-winged, and
white-tipped dove on designated areas of the refuge subject to the
following conditions:
(i) We require hunters to obtain a hunt permit (signed brochure)
and to possess and carry that permit at all times during your
designated hunt period. Hunters must also display the vehicle placard
(part of the hunt permit) while participating in the designated hunt
period.
(ii) Hunters age 17 and younger must be under the direct
supervision of an adult age 18 or older.
(iii) You may access the refuge during your permitted hunt period
from 1 hour before legal hunt time to 1 hour after legal hunt time. You
must only hunt during legal hunt hours.
(iv) We restrict hunt participants to those listed on the refuge
hunt permit (hunter, non-hunting chaperone, and non-hunting assistant).
[[Page 54141]]
(v) We allow hunters to use bicycles on designated routes of
travel.
(vi) We allow the use of dogs to retrieve doves during the hunt.
(2) Upland game hunting. We allow hunting of wild turkey on
designated areas of the refuge subject to the following conditions:
(i) The conditions set forth at paragraphs (j)(1)(i) through (v) of
this section apply.
(ii) We allow turkey hunting during the spring season only.
(iii) You may only harvest one bearded turkey per hunter.
(iv) We prohibit the killing, wounding, taking, or possession of
game animals and then intentionally or knowingly failing to make a
reasonable effort to retrieve or keep the edible portions of the animal
and include it in your bag limit.
(3) Big game hunting. We allow hunting of white-tailed deer, feral
hog, nilgai antelope, javelina, and other exotic ungulates (as defined
by the State of Texas to include fallow deer, axis deer, sika deer,
Barbary sheep, and black buck) on designated areas of the refuge
subject to the following conditions:
(i) The conditions set forth at paragraphs (j)(1)(i) through (v)
and (2)(iv) of this section apply.
(ii) We allow only free-standing blinds or tripods. Hunters may set
them up during the scouting days preceding each permitted hunt day and
must take them down by the end of each hunt day (see Sec. 27.93 of
this chapter). Hunters must mark and tag all stands with their hunting
license number during the period of use.
(iii) Hunters must field-dress all harvested big game in the field.
(iv) Hunters may use nonmotorized dollies or carts off of improved
roads or trails to haul carcasses to a parking area.
(v) We prohibit the use of big game decoys.
(4) [Reserved]
* * * * *
0
41. Amend Sec. 32.63 by:
0
a. Removing paragraph (a)(1)(iii);
0
b. Redesignating paragraphs (a)(1)(iv) through (vi) as paragraphs
(a)(1)(iii) through (v); and
0
c. Revising paragraph (b).
The revision reads as follows:
Sec. 32.63 Utah.
* * * * *
(b) Fish Springs National Wildlife Refuge--(1) Migratory game bird
hunting. We allow hunting of coot, duck, goose, mourning dove, and
snipe on designated areas of the refuge subject to the following
conditions:
(i) We allow the use of dogs when hunting.
(ii) You may construct temporary blinds. You must remove all blinds
constructed out of materials other than vegetation at the end of each
day's hunt (see Sec. 27.93 of this chapter).
(iii) We allow the use of small boats (15 feet or less) when
hunting. We prohibit gasoline motors and air boats.
(iv) You may enter the refuge 2 hours prior to legal sunrise and
must exit the refuge by 1\1/2\ hours after legal sunset.
(v) You must remove decoys, boats, vehicles, and other personal
property from the refuge at the end of each day's hunt (see Sec. 27.93
of this chapter).
(vi) We have a special blind area for use by disabled hunters. We
prohibit trespass for any reason by any individual not registered to
use that area.
(2) Upland game hunting. We allow hunting of chukar, desert rabbit,
and mountain rabbit on designated areas of the refuge subject to the
following conditions:
(i) We close to hunting on January 31.
(ii) We allow the use of dogs when hunting.
(3) Big game hunting. We allow hunting of mule deer and pronghorn
antelope on designated areas of the refuge subject to the following
condition: We only allow archery equipment when hunting big game.
(4) [Reserved]
* * * * *
0
42. Amend Sec. 32.64 by adding paragraphs (a)(1)(vii) and (a)(2)(v),
and revising paragraphs (a)(4)(i)(A) and (b), to read as follows:
Sec. 32.64 Vermont.
* * * * *
(a) * * *
(1) * * *
(vii) In all hunting areas, we allow the use of dogs consistent
with State regulations.
* * * * *
(2) * * *
(v) The condition set forth at paragraph (a)(1)(vii) of this
section applies.
* * * * *
(4) * * *
(i) * * *
(A) We close the following areas: Goose Bay, Saxes Creek and
Pothole, Metcalfe Island Pothole, Long Marsh Channel, and Clark Marsh.
* * * * *
(b) Silvio O. Conte National Fish and Wildlife Refuge--(1)
Migratory game bird hunting. We allow hunting of duck, goose, crow, and
American woodcock on designated areas of the refuge subject to the
following conditions:
(i) We allow disabled hunters to hunt from a vehicle that is at
least 10 feet from the traveled portion of the refuge road if the
hunter possesses a State-issued disabled hunting license and a Special
Use Permit (FWS Form 3-1383-G) issued by the refuge manager.
(ii) We allow the use of dogs consistent with State regulations.
(2) Upland game hunting. We allow hunting of coyote, fox, raccoon,
bobcat, woodchuck, red squirrel, eastern gray squirrel, porcupine,
skunk, snowshoe hare, eastern cottontail, and ruffed grouse on
designated areas of the refuge subject to the following conditions:
(i) The conditions set forth at paragraphs (b)(1)(i) and (ii) of
this section apply.
(ii) Shooting from, over, or within 10 feet of the traveled portion
of any gravel road is prohibited.
(iii) We require hunters hunting at night to possess a Special Use
Permit (FWS Form 3-1383-G) issued by the refuge manager.
(3) Big game hunting. We allow hunting of white-tailed deer, moose,
black bear, and wild turkey on designated areas of the refuge subject
to the following conditions:
(i) The conditions set forth at paragraphs (b)(1)(i) and (b)(2)(ii)
of this section apply.
(ii) You may use portable tree stands and/or blinds. You must
clearly label your tree stands and/or blinds with your hunting license
number.
(iii) You may retrieve moose at the Nulhegan Basin Division with
the use of a commercial moose hauler, if the hauler possesses a Special
Use Permit (FWS Form 3-1383-C) issued by the refuge manager.
(4) [Reserved]
0
43. Amend Sec. 32.65 by:
0
a. Revising paragraph (a)(3)(iii);
0
b. Adding paragraph (a)(3)(v);
0
c. Revising paragraph (b)(1)(i);
0
d. Adding paragraphs (b)(1)(iv);
0
e. Revising paragraph (b)(3)(i);
0
f. Adding paragraph (b)(3)(v);
0
g. Revising paragraph (c)(3)(i);
0
h. Adding paragraph (c)(3)(vi);
0
i. Revising paragraphs (d), (e)(3), and (e)(4)(ii);
0
j. Adding paragraph (f)(3)(v);
0
k. Revising paragraphs (h) and (i);
0
l. Adding paragraph (j)(3)(v);
0
m. Revising paragraphs (k)(3), (k)(4)(iv), and (l)(3)(i); and
0
n. Adding paragraph (l)(3)(v).
The revisions and additions read as follows:
Sec. 32.65 Virginia.
* * * * *
(a) * * *
(3) * * *
[[Page 54142]]
(iii) We prohibit retrieval of wounded game from a ``No Hunting
Area'' or ``Safety Zone'' without the consent of the refuge employee on
duty at the check station.
* * * * *
(v) We prohibit the use of pursuit dogs while hunting white-tailed
deer.
* * * * *
(b) * * *
(1) * * *
(i) You must obtain and possess a signed refuge hunt permit (FWS
Form 3-2439, Hunt Application--National Wildlife Refuge System) while
hunting on the refuge.
* * * * *
(iv) We allow the use of dogs consistent with State regulations.
* * * * *
(3) * * *
(i) We allow holders of a signed refuge hunt permit (FWS Form 3-
2439, Hunt Application--National Wildlife Refuge System) to access
areas of the refuge typically closed to the nonhunting public. All
occupants of a vehicle or hunt party must possess a refuge hunt permit
and be actively engaged in hunting. We allow an exception for those
persons aiding a disabled person who possesses a valid State-issued
Commonwealth of Virginia Disabled Resident Lifetime License or
Commonwealth of Virginia Resident Disabled Veteran's Lifetime License.
* * * * *
(v) We prohibit the use of pursuit dogs while hunting white-tailed
deer and sika.
* * * * *
(c) * * *
(3) * * *
(i) We allow holders of a signed refuge hunt permit (FWS Form 3-
2439, Hunt Application--National Wildlife Refuge System) to access
areas of the refuge typically closed to the nonhunting public. All
occupants of a vehicle or hunt party must possess a refuge hunt permit
and be actively engaged in hunting. We allow an exception for those
persons aiding a disabled person who possesses a valid State-issued
Commonwealth of Virginia Disabled Resident Lifetime License or
Commonwealth of Virginia Resident Disabled Veteran's Lifetime License.
* * * * *
(vi) We prohibit the use of pursuit dogs while hunting white-tailed
deer.
* * * * *
(d) Elizabeth Hartwell Mason Neck National Wildlife Refuge. (1)-(2)
[Reserved]
(3) Big game hunting. We allow hunting of white-tailed deer on
designated areas of the refuge subject to the following conditions:
(i) You must possess and carry a signed refuge permit (FWS Form 3-
2439, Hunt Application--National Wildlife Refuge System).
(ii) We only allow shotguns with slugs during the firearm season.
(iii) We prohibit organized deer drives. 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(s) who is
part of the organized or planned hunt and known to be waiting for the
deer.
(iv) We prohibit the use of pursuit dogs while hunting deer.
(v) Hunters must certify and qualify weapons and ammunition at a
refuge-approved range and view the refuge orientation session online
prior to issuance of a refuge permit (FWS Form 3-2439, Hunt
Application--National Wildlife Refuge System).
(4) [Reserved]
(e) * * *
(3) Big game hunting. We allow hunting of white-tailed deer and
bear on designated areas of the refuge subject to the following
conditions:
(i) You must possess and carry a signed refuge permit (FWS Form 3-
2439, Hunt Application--National Wildlife Refuge System).
(ii) We prohibit the use of pursuit dogs while hunting white-tailed
deer and bear.
(4) * * *
(ii) We prohibit bank fishing on the refuge, with the exception
noted in paragraph (e)(4)(i) of this section.
* * * * *
(f) * * *
(3) * * *
(v) We prohibit the use of pursuit dogs while hunting white-tailed
deer.
* * * * *
(h) Occoquan Bay National Wildlife Refuge. (1)-(2) [Reserved]
(3) Big game hunting. We allow hunting of white-tailed deer on
designated areas of the refuge subject to the following conditions:
(i) You must possess and carry a signed refuge permit (FWS Form 3-
2439, Hunt Application--National Wildlife Refuge System) and be
selected in the refuge lottery to hunt.
(ii) We only allow shotguns with slugs during the firearm season.
(iii) We prohibit organized deer drives. 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(s) who is
part of the organized or planned hunt and known to be waiting for the
deer.
(iv) We prohibit the use of pursuit dogs while hunting deer.
(v) Hunters must certify and qualify weapons and ammunition at a
refuge-approved range and view the refuge orientation session online
prior to issuance of a refuge permit (FWS Form 3-2439, Hunt
Application--National Wildlife Refuge System).
(4) [Reserved]
(i) Plum Tree Island National Wildlife Refuge--(1) Migratory game
bird hunting. We allow hunting of migratory waterfowl, gallinule, and
coot on designated areas of the refuge subject to the following
conditions:
(i) We require migratory game bird hunters to obtain and carry a
permit through a lottery administered by the Virginia Department of
Game and Inland Fisheries.
(ii) You must hunt from a blind, as assigned by the hunting permit.
(iii) We allow the use of dogs consistent with State regulations.
(2)-(4) [Reserved]
(j) * * *
(3) * * *
(v) We prohibit the use of pursuit dogs while hunting white-tailed
deer.
* * * * *
(k) * * *
(3) Big game hunting. We allow hunting of white-tailed deer on
designated areas of the refuge subject to the following conditions:
(i) We require big game hunters to obtain a permit (FWS Form 3-
2439, Hunt Application--National Wildlife Refuge System).
(ii) We prohibit the use of pursuit dogs while hunting white-tailed
deer.
(4) * * *
(iv) We prohibit the use of lead fishing tackle in freshwater
ponds, including Wilna Pond and Laurel Grove Pond.
* * * * *
(l) * * *
(3) * * *
(i) You must obtain and carry a signed refuge big game hunt
brochure while hunting.
* * * * *
(v) We prohibit the use of pursuit dogs while hunting white-tailed
deer.
* * * * *
0
44. Amend Sec. 32.66 by revising paragraph (l)(1) and (n) to read as
follows:
Sec. 32.66 Washington.
* * * * *
(l) * * *
(1) Migratory game bird hunting. We allow hunting of duck, goose,
and coot on designated areas of the refuge subject to the following
conditions:
[[Page 54143]]
(i) We allow hunting during the State youth season in September.
(ii) We allow hunting from the beginning of the regular waterfowl
seasons through November 30 by youths (younger than age 16) on Saturday
and Sunday only. An adult, age 18 or older, must accompany and
supervise youth hunters. We allow the supervising adult(s) to hunt.
(iii) We allow the use of dogs when hunting.
(iv) Hunters may access the refuge no earlier than 2 hours before
legal hunting hours and must leave no later than 1 hour after legal
hunting hours.
(v) Hunters may hunt only from within 50 yards of posted hunting
sites.
(vi) Hunting parties are restricted to a maximum of two youths and
two accompanying adults per hunting site.
(vii) We allow the use of nonmotorized boats for hunting.
(viii) We only allow the use of portable blinds and temporary
blinds constructed of manmade materials.
(ix) Hunters must remove all blinds, decoys, and other personal
equipment from the refuge at the end of each day's hunt (see Sec. Sec.
27.93 and 27.94 of this chapter).
(x) We allow migratory game bird hunting with shotguns only.
* * * * *
(n) Willapa National Wildlife Refuge--(1) Migratory game bird
hunting. We allow hunting of goose, duck, coot, and snipe on designated
areas of the refuge subject to the following conditions:
(i) In the designated goose hunt area in the Riekkola Unit, hunters
may take ducks, coots, and snipe only incidental to hunting geese.
(ii) We open the refuge for hunting access from 1\1/2\ hours before
legal sunrise until 1\1/2\ hours after legal sunset.
(iii) We allow the use of dogs when hunting.
(iv) 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).
(2) Upland game hunting. We allow hunting of forest grouse (sooty
and ruffed) on designated areas of the refuge subject to the following
conditions:
(i) We allow archery hunting only.
(ii) The condition set forth at paragraph (n)(1)(ii) of this
section applies.
(3) Big game hunting. We allow hunting of deer, elk, and bear on
designated areas of the refuge subject to the following conditions:
(i) At Long Island, we allow only archery hunting; we prohibit
hunting firearms.
(ii) We prohibit bear hunting on any portion of the refuge except
Long Island.
(iii) We prohibit the use of centerfire or rimfire rifles within
the Lewis, Porter Point, and Riekkola Units.
(iv) The condition set forth at paragraph (n)(1)(ii) of this
section applies.
(v) You may leave your tree stand(s) in place for 3 days. You must
label your tree stand(s) with your hunting license number and the date
you set up the stand. You may set up stands 1\1/2\ hours before legal
sunrise. You must remove your tree stand(s) and all other personal
property from the refuge by 1\1/2\ hours after legal sunset on the
third day (see Sec. 27.93 of this chapter).
(vi) At Leadbetter Point, we allow hunting of elk only during the
State early muzzleloader season, and by special permit in consultation
with the State.
(4) Sport fishing. We allow sport fishing on designated areas of
the refuge.
0
45. Revise Sec. 32.67 to read as follows:
Sec. 32.67 West Virginia.
The following refuge units are open for hunting and/or fishing as
governed by applicable Federal and State regulations, and are listed in
alphabetical order with additional refuge-specific regulations.
(a) Canaan Valley National Wildlife Refuge--(1) Migratory game bird
hunting. We allow hunting of goose, duck, rail, coot, gallinule,
mourning dove, snipe, and woodcock on designated areas of the refuge
subject to the following conditions:
(i) We require each hunter to possess and carry a signed refuge
hunting brochure (signed brochure).
(ii) Hunters may enter the refuge 1 hour before legal sunrise and
must exit the refuge, including parking areas, no later than 1 hour
after legal sunset.
(iii) We prohibit overnight parking except by Special Use Permit
(FWS Form 3-1383-G) on Forest Road 80.
(iv) We allow the use of dogs consistent with State regulations.
(v) We prohibit dog training except during legal hunting seasons.
(2) Upland game hunting. We allow the hunting of ruffed grouse,
squirrel, cottontail rabbit, snowshoe hare, red fox, gray fox, bobcat,
woodchuck, coyote, opossum, striped skunk, and raccoon on designated
areas of the refuge subject to the following conditions:
(i) The conditions set forth at paragraphs (a)(1)(i), (iv) and (v)
of this section apply.
(ii) You may hunt coyote, raccoon, opossum, skunk, and fox at
night, but you must obtain a Special Use Permit (FWS Form 3-1383-G) at
the refuge headquarters before hunting.
(iii) We only allow hunting in the No Rifle Zones with the
following equipment: Archery (including crossbow), shotgun, or
muzzleloader.
(iv) We prohibit the hunting of upland game species from March 1
through August 31.
(3) Big game hunting. We allow the hunting of white-tailed deer,
black bear, and turkey on designated areas of the refuge subject to the
following conditions:
(i) The conditions set forth at paragraphs (a)(1)(i) and (iv) and
(a)(2)(iii) of this section apply.
(ii) We allow the use of dogs for hunting black bear during the gun
season.
(iii) We prohibit organized deer drives. 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(s) who is
part of the organized or planned hunt and known to be waiting for the
deer.
(4) Sport fishing. We allow sport fishing on designated areas of
the refuge subject to the following condition: We prohibit the use of
lead fishing tackle on designated areas of the refuge.
(b) Ohio River Islands National Wildlife Refuge--(1) Migratory game
bird hunting. We allow hunting of migratory game birds on designated
areas of the refuge subject to the following conditions:
(i) We require each hunter to possess and carry a signed refuge
hunting brochure (signed brochure).
(ii) Hunters may enter the refuge 1 hour before legal sunrise and
must exit the refuge, including parking areas, no later than 1 hour
after legal sunset.
(iii) We allow the use of dogs consistent with State regulations.
(2) Upland game hunting. We allow hunting of upland game on
designated areas of the refuge subject to the following condition: The
conditions set forth at paragraphs (b)(1)(i), (ii), and (iii) of this
section apply.
(3) Big game hunting. We allow hunting of big game on designated
areas of the refuge subject to the following conditions:
(i) The conditions set forth at paragraphs (b)(1)(i) and (ii) of
this section apply.
(ii) We prohibit organized deer drives. 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(s) who is
part of the
[[Page 54144]]
organized or planned hunt and known to be waiting for the deer.
(4) Sport fishing. We allow sport fishing on designated areas of
the refuge subject to the following conditions:
(i) We allow fishing from 1 hour before legal sunrise until 1 hour
after legal sunset. This restriction does not apply to off-shore
fishing.
(ii) We prohibit trotlines (setlines) and turtle lines.
0
46. Amend Sec. 32.68 by revising paragraphs (c) and (d) to read as
follows:
Sec. 32.68 Wisconsin.
* * * * *
(c) Hackmatack National Wildlife Refuge--(1) Migratory game bird
hunting. We allow hunting of migratory game birds on designated areas
of the refuge subject to the following condition: You must remove all
boats, decoys, blinds, blind materials, stands, platforms, and other
hunting equipment (see Sec. Sec. 27.93 and 27.94 of this chapter)
brought onto the refuge at the end of each day's hunt.
(2) Upland game hunting. We allow upland game and turkey hunting on
designated areas of the refuge subject to the following conditions:
(i) For hunting, you may use or possess only approved nontoxic shot
shells while in the field, including shot shells used for hunting wild
turkey (see Sec. 32.2(k)).
(ii) You must remove all boats, decoys, blinds, blind materials,
stands, platforms, and other hunting equipment (see Sec. Sec. 27.93
and 27.94 of this chapter) brought onto the refuge at the end of each
day's hunt.
(3) Big game hunting. We allow big game hunting on designated areas
of the refuge subject to the following conditions:
(i) You must remove all boats, decoys, blinds, blind materials,
stands, platforms, and other hunting equipment (see Sec. Sec. 27.93
and 27.94 of this chapter) brought onto the refuge at the end of each
day's hunt.
(ii) We prohibit organized deer drives. 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(s) who is
part of the organized or planned hunt and known to be waiting for the
deer.
(4) Sport fishing. We allow sport fishing on designated areas of
the refuge subject to the following condition: We prohibit the taking
of turtle and frog (see Sec. 27.21 of this chapter).
(d) Horicon National Wildlife Refuge--(1) Migratory game bird
hunting. We allow hunting of goose, duck, coot, common moorhen, and
American woodcock on designated areas of the refuge subject to the
following condition: We allow only participants in the Learn to Hunt
and other special programs to hunt goose, duck, coot, and common
moorhen.
(2) Upland game hunting. We allow hunting of wild turkey, ring-
necked pheasant, gray partridge, ruffed grouse, squirrel, cottontail
rabbit, snowshoe hare, raccoon, opossum, striped skunk, red fox, gray
fox, coyote, and bobcat on designated areas of the refuge subject to
the following conditions:
(i) For hunting, you may use or possess only approved nontoxic shot
shells while in the field, including shot shells used for hunting wild
turkey (see Sec. 32.2(k)).
(ii) We prohibit night hunting from \1/2\ hour after legal sunset
until \1/2\ hour before legal sunrise the following day.
(iii) We allow the use of dogs while hunting upland game (except
raccoon, opossum, striped skunk, red fox, gray fox, coyote, and
bobcat), provided the dog is under the immediate control of the hunter
at all times.
(iv) Coyote, red fox, gray fox, and bobcat hunting begins on the
first day of the traditional 9-day gun deer season.
(v) Coyote hunting ends on the last day of the season for fox.
(vi) You may only hunt striped skunk and opossum during the season
for raccoon.
(vii) You may only hunt snowshoe hare during the season for
cottontail rabbit.
(viii) Hunters may enter the refuge no earlier than 1 hour before
legal shooting hours and must exit the refuge no later than 1 hour
after legal shooting hours.
(3) Big game hunting. We allow hunting of white-tailed deer and
black bear in designated areas of the refuge subject to the following
conditions:
(i) Hunters must remove all stands and personal property from the
refuge following each day's hunt (see Sec. Sec. 27.93 and 27.94 of
this chapter). We prohibit hunting from any stand left up overnight.
(ii) We prohibit hunting bear with dogs.
(iii) Hunters must possess a refuge permit (FWS Form 3-2439, Hunt
Application--National Wildlife Refuge System) to hunt in Area E
(surrounding the office/visitor center).
(iv) Hunters may enter the refuge no earlier than 1 hour before
legal shooting hours and must exit the refuge no later than 1 hour
after legal shooting hours.
(v) Any ground blind used during any gun deer season must display
at least 144 square inches (929 square centimeters) of solid-blaze-
orange or fluorescent pink material visible from all directions.
(4) Sport fishing. We allow fishing on designated areas of the
refuge subject to the following conditions:
(i) We only allow bank fishing or fishing through the ice.
(ii) We prohibit the use of fishing weights or lures containing
lead.
* * * * *
0
47. Amend Sec. 32.69 by:
0
a. Redesignating paragraphs (a) through (e) as paragraphs (b) through
(f);
0
b. Adding a new paragraph (a); and
0
c. Revising newly redesignated paragraphs (b), (c), (e)(1), and (f).
The addition and revisions read as follows:
Sec. 32.69 Wyoming.
* * * * *
(a) Bamforth National Wildlife Refuge. (1) [Reserved]
(2) Upland game hunting. We allow hunting of chukar, grey
partridge, pheasant, rabbit, sharp-tailed grouse, and turkey on
designated areas of the refuge.
(3) Big game hunting. We allow hunting of pronghorn antelope, mule
deer, and white-tailed deer on designated areas of the refuge.
(4) [Reserved]
(b) Cokeville Meadows National Wildlife Refuge--(1) Migratory game
bird hunting. We allow hunting of dove, duck, dark goose, coot,
merganser, light goose, snipe, Virginia rail, Sora rail, sandhill
crane, and mourning dove on designated areas of the refuge subject to
the following conditions:
(i) We allow the use of dogs when hunting.
(ii) Hunters may only access the refuge 1 hour before legal sunrise
until 1 hour after legal sunset.
(2) Upland game hunting. We allow hunting of blue grouse, ruffed
grouse, chukar partridge, gray partridge, cottontail rabbit, snowshoe
hare, squirrel (red, gray, and fox), red fox, raccoon, and striped
skunk on designated areas of the refuge subject to the following
conditions:
(i) The condition set forth at paragraph (b)(1)(ii) of this section
applies.
(ii) We allow the use of dogs to find and retrieve legally
harvested upland game birds, cottontail rabbits, and squirrels. You may
not use dogs to chase red fox, raccoon, striped skunk, or any other
species not specifically allowed in this paragraph (b)(2)(ii).
(iii) Licensed migratory bird, big game, or upland/small game
hunters may harvest red fox, raccoon, and striped skunk on the refuge
from
[[Page 54145]]
September 1 until the end of the last open big game, upland bird, or
small game season. You must possess, and remove from the refuge, all
red fox, raccoon, and striped skunk that you harvest on the refuge.
(3) Big game hunting. We allow hunting of elk, mule deer, white-
tailed deer, pronghorn, and moose subject to the following condition:
The condition set forth at paragraph (b)(1)(ii) of this section
applies.
(4) Sport fishing. We allow sport fishing on designated areas of
the refuge.
(c) Hutton Lake National Wildlife Refuge--(1) Migratory game bird
hunting. We allow youth hunting of goose, duck, coot, and merganser on
designated areas of the refuge during the Wyoming Zone C2 ``special
youth waterfowl hunting days'' subject to the following conditions:
(i) We allow the use of dogs when hunting.
(ii) We prohibit the cleaning of game on the refuge.
(2) Upland game hunting. We allow hunting of chuker, grey
partridge, pheasant, rabbit, sharp-tailed grouse, and turkey on
designated areas of the refuge subject to the following conditions:
(i) The conditions set forth at paragraphs (c)(1)(i) and (ii) of
this section apply.
(ii) We allow hunting November 1 through March 1.
(3) Big game hunting. We allow hunting of pronghorn antelope and
mule deer on designated areas of the refuge subject to the following
condition: We allow hunting November 1 through March 1.
(4) [Reserved]
* * * * *
(e) * * *
(1) Migratory game bird hunting. We allow hunting of dove, goose,
duck, and coot on designated areas of the refuge.
* * * * *
(f) Seedskadee National Wildlife Refuge--(1) Migratory game bird
hunting. We allow hunting of dark goose, duck, coot, merganser, dove,
snipe, and rail on designated areas of the refuge subject to the
following conditions:
(i) We open the refuge to the general public from \1/2\ hour before
legal sunrise to \1/2\ hour after legal sunset. Waterfowl hunters may
enter the refuge 1 hour before legal shooting hours to set up decoys
and blinds.
(ii) We allow the use of dogs when hunting.
(iii) You must only use portable blinds or blinds constructed from
dead and downed wood.
(iv) You must remove portable blinds, tree stands, decoys, and
other personal equipment from the refuge after each day's hunt (see
Sec. Sec. 27.93 and 27.94 of this chapter).
(2) Upland game hunting. We allow hunting of sage grouse,
cottontail rabbit, jackrabbit, raccoon, fox, and skunk on designated
areas of the refuge subject to the following condition: The conditions
set forth at paragraphs (f)(1)(i) and (ii) of this section apply.
(3) Big game hunting. We allow hunting of pronghorn, mule deer,
white-tailed deer, elk, and moose on designated areas of the refuge
subject to the following condition: The condition set forth at
paragraph (f)(1)(i) section applies.
(4) Sport fishing. We allow sport fishing on designated areas of
the refuge subject to the following conditions:
(i) The condition set forth at paragraph (f)(1)(i) of this section
applies.
(ii) We prohibit taking of mollusk, crustacean, reptile, and
amphibian from the refuge (see Sec. 27.21 of this chapter).
PART 36--ALASKA NATIONAL WILDLIFE REFUGES
0
48. The authority citation for part 36 continues to read as follows:
Authority: 16 U.S.C. 460(k) et seq., 668dd-668ee, 3101 et seq.,
Pub. L. 115-20, 131 Stat. 86.
0
49. Amend Sec. 36.39 by adding paragraph (d) to read as follows:
Sec. 36.39 Public use.
* * * * *
(d) Arctic National Wildlife Refuge. We prohibit all domestic
sheep, goats, and camelids on the refuge.
* * * * *
Subchapter E--Management of Fisheries Conservation Areas
PART 71--HUNTING AND SPORT FISHING ON NATIONAL FISH HATCHERIES
0
50. The authority citation for part 71 continues to read as follows:
Authority: Sec. 4, Pub. L. 73-121, 48 Stat. 402, as amended;
sec. 4, Pub. L. 87-714, 76 Stat. 654; 5 U.S.C. 301; 16 U.S.C. 460k,
664, 668dd, 1534.
0
51. Revise Sec. 71.11 to read as follows:
Sec. 71.11 National fish hatcheries open for hunting.
The following hatcheries are open for hunting as governed by
applicable Federal and State regulations, and are listed in
alphabetical order with additional hatchery-specific regulations.
(a) Iron River National Fish Hatchery--(1) Migratory game bird
hunting. We allow duck, goose, coot, rail, snipe, woodcock, dove, and
crow hunting on designated areas of the hatchery.
(2) Upland game hunting. We allow pheasant, bobwhite quail, ruffed
and sharp-tailed grouse, Hungarian partridge, rabbit/hare, squirrel,
coyote, fox, bobcat, raccoon, opossum, skunk, weasel, and woodchuck
hunting on designated areas of the hatchery.
(3) Big game hunting. We allow white-tailed deer, turkey, and bear
hunting on designated areas of the hatchery subject to the following
conditions:
(i) You must label tree stands and ground blinds with the owner's
State hunting license number. The label must be readable from the
ground.
(ii) You may place tree stands and ground blinds on the hatchery
only from September 1 to December 31 annually.
(b) Jordan River National Fish Hatchery--(1) Migratory game bird
hunting. We allow the hunting of woodcock, dove, duck, goose, rail,
snipe, coot, and crow on designated areas of the hatchery subject to
the following conditions:
(i) We allow entry into the hatchery 1 hour before legal sunrise
and require hunters to leave the hatchery no later than 1 hour after
legal sunset.
(ii) We prohibit shooting on or over any hatchery road within 50
feet (15 meters) from the centerline.
(iii) We allow the use of dogs while hunting, provided the dog is
under the immediate control of the hunter at all times.
(2) Upland game hunting. We allow hunting of rabbit/hare, squirrel,
coyote, fox, bobcat, raccoon, opossum, skunk, weasel, and woodchuck on
designated areas of the hatchery subject to the following condition:
The conditions set forth at paragraphs (b)(1)(i) through (iii) of this
section apply.
(3) Big game hunting. We allow hunting of bear, white-tailed deer,
and turkey on designated areas of the hatchery and subject to the
following conditions:
(i) The conditions set forth at paragraphs (b)(1)(i) through (iii)
of this section apply.
(ii) We allow the use of portable stands and blinds for hunting,
and hunters must remove them at the end of each day.
(iii) You must label tree stands with the owner's Department of
Natural Resources sportcard number. The label, printed in legible
English that can be easily read from the ground, must be affixed to the
stand.
(c) Leadville National Fish Hatchery--(1) Migratory game bird
hunting. We
[[Page 54146]]
allow migratory game bird hunting on designated areas of the hatchery.
(2) Upland game hunting. We allow upland game hunting on designated
areas of the hatchery.
(3) Big game hunting. We allow big game hunting on designated areas
of the hatchery subject to the following conditions:
(i) You must label tree stands and ground blinds with the owner's
State hunting license number. The label must be readable from the
ground.
(ii) You may place tree stands and ground blinds on the refuge only
from September 1 to December 31 annually.
(4) Sport fishing. See Sec. 71.12(k) for hatchery-specific fishing
regulations for this hatchery.
(d) Leavenworth National Fish Hatchery--(1) Migratory game bird
hunting. We allow migratory game bird hunting on designated areas of
the hatchery subject to the following condition: We allow the use of
dogs for hunting in accordance with State of Washington hunting
regulations.
(2) Upland game hunting. We allow upland game hunting on designated
areas of the hatchery subject to the following condition: We allow the
use of dogs for hunting in accordance with State of Washington hunting
regulations.
(3) Big game hunting. We allow big game hunting on designated areas
of the hatchery subject to the following condition: We allow the use of
dogs for hunting in accordance with State of Washington hunting
regulations.
(4) Sport fishing. See Sec. 71.12(l) for hatchery-specific fishing
regulations for this hatchery.
(e) Little White Salmon National Fish Hatchery--(1) Migratory bird
hunting. We allow hunting of crow on designated areas of the hatchery
subject to the following conditions:
(i) We only allow portable blinds and temporary blinds constructed
of nonliving natural materials. Hunters must remove all equipment at
the end of each day's hunt.
(ii) We allow the use of dogs when hunting.
(2) Upland game hunting. We allow hunting of bobcat, grouse,
partridge, and porcupine on designated areas of the hatchery subject to
the following condition: The conditions set forth at paragraphs
(e)(1)(i) and (ii) of this section apply.
(3) Big game hunting. We allow hunting of bear, elk, black-tailed
deer, mule deer, and wild turkey on designated areas of the hatchery
subject to the following condition: The conditions set forth at
paragraphs (e)(1)(i) and (ii) of this section apply.
(4) Sport fishing. See Sec. 71.12(m) for hatchery-specific fishing
regulations for this hatchery.
(f) Southwest Native Aquatic Resources and Recovery Center--(1)
Migratory game bird hunting. We allow the hunting of sandhill crane,
light and dark goose, duck, merganser, coot, mourning and white-winged
dove, and band-tailed pigeon on designated areas of the center.
(2) Upland game hunting. We allow the hunting of Eurasian collared-
dove; dusky (blue) grouse; pheasant; scaled quail; and Abert's, red,
gray, and fox squirrel on designated areas of the center.
(3) [Reserved]
(g) Spring Creek National Fish Hatchery--(1) Migratory bird
hunting. We allow hunting of crow on designated areas of the hatchery
subject to the following conditions:
(i) We only allow portable blinds and temporary blinds constructed
of nonliving natural materials. Hunters must remove all equipment at
the end of each day's hunt.
(ii) We allow the use of dogs when hunting.
(2) Upland game hunting. We allow hunting of bobcat, grouse,
partridge, and porcupine on designated areas of the hatchery subject to
the following condition: The conditions set forth at paragraphs
(g)(1)(i) and (ii) of this section apply.
(3) Big game hunting. We allow hunting of bear, elk, black-tailed
deer, mule deer, and wild turkey on designated areas of the hatchery
subject to the following condition: The conditions set forth at
paragraphs (g)(1)(i) and (ii) of this section apply.
(4) Sport fishing. See Sec. 71.12(o) for hatchery-specific fishing
regulations for this hatchery.
0
52. Amend Sec. 71.12 by:
0
a. Redesignating paragraphs (g) through (m) as paragraphs (k) through
(q), respectively; paragraphs (b) through (f) as paragraphs (e) through
(i), respectively; and paragraph (a) as paragraph (c); and
0
b. Adding new paragraphs (a), (b), (d), (j), and (r).
The additions read as follows:
Sec. 71.12 National fish hatcheries open for sport fishing.
* * * * *
(a) Abernathy Fish Technology Center. We allow sport fishing on
designated areas of the center.
(b) Berkshire National Fish Hatchery. We allow sport fishing on
designated areas of the hatchery subject to the following conditions:
(1) Anglers must abide by posted signage.
(2) Anglers must remain at least 50 feet away from raceways and
fish culture areas to maintain biosecurity of stocked fish populations.
(3) On the Konkapot River, we prohibit angling equipment,
including, but not limited to, live bait, boots, and rods, near the
areas described in paragraph (b)(2).
(4) We limit access to Outreach Pond to youth (ages 13 and
younger), supervised by an adult at all times.
(5) We allow fishing on Outreach Pond during open hatchery hours
only.
(6) We prohibit the use of baitfish, shiners, and minnows in the
Outreach Pond.
(7) We prohibit all fishing methods of take besides rods on
Outreach Pond.
(8) We allow a daily creel limit of three (3) fish per individual
at Outreach Pond. There is no creel limit during fishing derbies.
(9) We prohibit fishing during the winter in Outreach Pond.
(10) We prohibit the use of all lead, including tackle containing
lead, when fishing in Outreach Pond.
* * * * *
(d) Dwight D. Eisenhower National Fish Hatchery. We allow sport
fishing on designated areas of the hatchery subject to the following
conditions:
(1) Anglers must abide by posted signage.
(2) Anglers must remain at least 50 feet away from the water intake
from Furnace Brook, raceways, and fish culture areas for safety and to
maintain biosecurity of stocked fish populations.
(3) We prohibit angling equipment, including, but not limited to,
live bait, boots, and rods, near the areas described in paragraph
(d)(2).
* * * * *
(j) Lamar National Fish Hatchery. We allow sport fishing on
designated areas of the hatchery subject to the following condition: We
only allow sport fishing from legal sunrise to legal sunset.
* * * * *
(r) Willard National Fish Hatchery. We allow sport fishing on
designated areas of the hatchery.
George Wallace,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 2020-16003 Filed 8-28-20; 8:45 am]
BILLING CODE 4333-15-P