2005-2006 Refuge-Specific Hunting and Sport Fishing Regulations, 40108-40154 [05-13165]

Download as PDF 40108 Federal Register / Vol. 70, No. 132 / Tuesday, July 12, 2005 / Proposed Rules DEPARTMENT OF THE INTERIOR Fish and Wildlife Service 50 CFR Part 32 RIN 1018–AU14 2005–2006 Refuge-Specific Hunting and Sport Fishing Regulations Fish and Wildlife Service, Interior. ACTION: Proposed rule. AGENCY: SUMMARY: The Fish and Wildlife Service proposes to add six refuges to the list of areas open for hunting and/or sport fishing programs and increase the activities available at seven other refuges. We also propose to implement pertinent refuge-specific regulations for those activities and amend certain regulations on other refuges that pertain to migratory game bird hunting, upland game hunting, big game hunting, and sport fishing for the 2005–2006 season. DATES: We must receive your comments on or before August 5, 2005. ADDRESSES: Submit written comments to Chief, Division of Conservation Planning and Policy, National Wildlife Refuge System, U.S. Fish and Wildlife Service, 4401 N. Fairfax Drive, Room 670, Arlington, VA 22203. See SUPPLEMENTARY INFORMATION for information on electronic submission. For information on specific refuges’ public use programs and the conditions that apply to them or for copies of compatibility determinations for any refuge(s), contact individual programs at the addresses/phone numbers given in ‘‘Available Information for Specific Refuges’’ under SUPPLEMENTARY INFORMATION. FOR FURTHER INFORMATION CONTACT: Leslie A. Marler, (703) 358–2397; Fax (703) 358–2248. SUPPLEMENTARY INFORMATION: The National Wildlife Refuge System Administration Act of 1966 closes national wildlife refuges in all States except Alaska to all uses until opened. The Secretary of the Interior (Secretary) may open refuge areas to any use, including hunting and/or sport fishing, upon a determination that such uses are compatible with the purposes of the refuge and National Wildlife Refuge System (Refuge System or we) mission. The action also must be in accordance with provisions of all laws applicable to the areas, developed in coordination with the appropriate State fish and wildlife agency(ies), consistent with the principles of sound fish and wildlife management and administration, and otherwise in the public interest. These VerDate jul<14>2003 15:36 Jul 11, 2005 Jkt 205001 requirements ensure that we maintain the biological integrity, diversity, and environmental health of the Refuge System for the benefit of present and future generations of Americans. We annually review refuge hunting and sport fishing programs to determine whether to include additional refuges or whether individual refuge regulations governing existing programs need modifications, deletions, or additions. Changing environmental conditions, State and Federal regulations, and other factors affecting fish and wildlife populations and habitat may warrant modifications to refuge-specific regulations to ensure the continued compatibility of hunting and sport fishing programs and to ensure that these programs will not materially interfere with or detract from the fulfillment of refuge purposes or the Refuge System’s mission. Provisions governing hunting and sport fishing on refuges are in Title 50 of the Code of Federal Regulations in part 32 (50 CFR part 32). We regulate hunting and sport fishing on refuges to: • Ensure compatibility with refuge purpose(s); • Properly manage the fish and wildlife resource(s); • Protect other refuge values; • Ensure refuge visitor safety; and • Provide opportunities for quality wildlife-dependent recreation. On many refuges where we decide to allow hunting and sport fishing, our general policy of adopting regulations identical to State hunting and sport fishing regulations is adequate in meeting these objectives. On other refuges, we must supplement State regulations with more-restrictive Federal regulations to ensure that we meet our management responsibilities, as outlined in the ‘‘Statutory Authority’’ section. We issue refuge-specific hunting and sport fishing regulations when we open wildlife refuges to migratory game bird hunting, upland game hunting, big game hunting, or sport fishing. These regulations list the wildlife species that you may hunt or fish, seasons, bag or creel limits, methods of hunting or sport fishing, descriptions of areas open to hunting or sport fishing, and other provisions as appropriate. You may find previously issued refuge-specific regulations for hunting and sport fishing in 50 CFR part 32. In this rulemaking, we are also proposing to standardize and clarify the existing language of these regulations. Plain Language Mandate In this rule we made some of the revisions to the individual refuge units to comply with a Presidential mandate PO 00000 Frm 00002 Fmt 4701 Sfmt 4702 to use plain language in regulations; as such, these particular revisions do not modify the substance of the previous regulations. These types of changes include using ‘‘you’’ to refer to the reader and ‘‘we’’ to refer to the Service, using the word ‘‘allow’’ instead of ‘‘permit’’ when we do not require the use of a permit for an activity, and using active voice. Statutory Authority The National Wildlife Refuge System Administration Act (Administration Act) of 1966 (16 U.S.C. 668dd–668ee, as amended) and the Refuge Recreation Act (Recreation Act) of 1962 (16 U.S.C. 460k–460k–4) govern the administration and public use of refuges. Amendments enacted by the National Wildlife Refuge System Improvement Act of 1997 (Improvement Act) build upon the Administration Act in a manner that provides an ‘‘organic act’’ for the Refuge System similar to those that exist for other public Federal lands. The Improvement Act serves to ensure that we effectively manage the Refuge System as a national network of lands, waters, and interests for the protection and conservation of our Nation’s wildlife resources. The Administration Act states first and foremost that we focus 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. The Improvement Act established as the policy of the United States that wildlifedependent 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 Act established six wildlifedependent recreational uses, when compatible, as the priority general public uses of the Refuge System. These uses are: hunting, fishing, wildlife observation and photography, and environmental education and interpretation. The Recreation Act authorizes the Secretary to administer areas within the Refuge System for public recreation as an appropriate incidental or secondary use only to the extent that doing so is practicable and not inconsistent with the primary purpose(s) for which Congress and the Service established the areas. The Recreation Act requires that any recreational use of refuge lands be compatible with the primary purpose(s) for which we established the refuge and E:\FR\FM\12JYP2.SGM 12JYP2 40109 Federal Register / Vol. 70, No. 132 / Tuesday, July 12, 2005 / Proposed Rules not inconsistent with other previously authorized operations. The Administration Act and Recreation Act also authorize the Secretary to issue regulations to carry out the purposes of the Acts and regulate uses. We develop specific management plans for each refuge prior to opening it to hunting or sport fishing. In many cases, we develop refuge-specific regulations to ensure the compatibility of the programs with the purpose(s) for which we established the refuge and the Refuge System mission. We ensure initial compliance with the Administration Act and the Recreation Act for hunting and sport fishing on newly acquired refuges through an interim determination of compatibility made at or near the time of acquisition. These regulations ensure that we make the determinations required by these acts prior to adding refuges to the lists of areas open to hunting and sport fishing in 50 CFR part 32. We ensure continued compliance by the development of comprehensive conservation plans, specific plans, and by annual review of hunting and sport fishing programs and regulations. New Hunting and Sport Fishing Programs In preparation for new openings, we include the following documents in each refuge’s ‘‘opening package’’ (which the Region completes, the Regional Director reviews, and the refuge copies and sends to the Headquarters Office for review of compliance with the various opening requirements): (1) Step-down management plan; (2) appropriate National Environmental Policy Act (NEPA) documentation (e.g., Categorical Exclusion, Environmental Assessment, or Environmental Impact Statement); (3) appropriate NEPA decision documentation (e.g., Finding of No Significant Impact, Record of Decision); (4) Endangered Species Act Section 7 evaluation; (5) copies of letters requesting State and, where appropriate, Tribal involvement and the results of the request(s); (6) draft news release; (7) outreach plan; and (8) draft refugespecific regulation. Upon approval of these documents, the Regional Director(s) is certifying that the opening of these refuges to hunting and/or sport fishing has been found to be compatible with the principles of sound fish and wildlife management and administration and otherwise will be in the public interest. In accordance with the Administration Act and Recreation Act, we have determined that these openings are compatible and consistent with the purpose(s) for which we established the respective refuges and the Refuge System mission. A copy of the compatibility determinations for these respective refuges is available by request to the Regional office noted under the heading ‘‘Available Information for Specific Refuges.’’ The annotated chart below reflects the following changes for the 2005–2006 season. The key below the chart explains the symbols used: CHANGES FOR 2005–2006 HUNT/FISH SEASON Unit State Assabet River NWR ....................................................... Great Meadows NWR .................................................... Moosehorn NWR ........................................................... Oxbow NWR .................................................................. Silvio O. Conte NWR ..................................................... Wertheim NWR .............................................................. Cahaba River NWR ....................................................... Julia Butler Hansen NWR .............................................. Stone Lakes NWR ......................................................... Glacial Ridge NWR ........................................................ Squaw Creek NWR ........................................................ Sacramento River NWR ................................................ San Bernardino NWR .................................................... Stewart B. McKinney NWR ............................................ Pocasse NWR ................................................................ Rock Lake NWR ............................................................ Migratory bird hunting Upland game hunting A B B C A A MA MA ME MA NH NY AL WA CA MN MO CA AZ CT SD ND B C A A * A A B B E A A B * Big game hunting Sport fishing A B C B A B A B A * B A E .......................... .......................... .......................... * A .......................... * D F F A. refuge added to part 32 and activity(ies) opened B. refuge already listed in part 32; added hunt category C. refuge already listed in part 32; species added to hunt category D. refuge already listed in part 32; land added E. refuge opened to that activity for many years but never listed in part 32; correcting administrative oversight F. refuge removed from part 32 (explanation below) *Previously published. We are adding 6 refuges to the list of open refuges in part 32 and increasing hunt categories at 7 refuges already listed in part 32. Lands acquired as ‘‘waterfowl production areas,’’ which we generally manage as part of wetland management districts, are open to the hunting of migratory game birds, upland game, big game, and sport fishing subject to the provisions of State law and regulations (see 50 CFR 32.1 and 32.4). We are adding these existing wetland VerDate jul<14>2003 16:23 Jul 11, 2005 Jkt 205001 management districts (WMDs) to the list of refuges open for all four activities in 50 CFR part 32 this year: Big Stone WMD, Minnesota Valley WMD both in the State of Minnesota; and Arrowwood WMD, Audubon WMD, Chase Lake WMD, Crosby WMD, J. Clark Salyer WMD, Kulm WMD, Lostwood WMD, Long Lake WMD, Tewaukon WMD, and Valley City WMD all in the State of North Dakota. We are correcting the following administrative errors in 50 CFR part 32: PO 00000 Frm 00003 Fmt 4701 Sfmt 4702 we are removing Pocasse National Wildlife Refuge in the State of South Dakota as it was an easement refuge, and it is no longer a part of the Refuge System; we are removing Rock Lake National Wildlife Refuge in the State of North Dakota as it closed to hunting in 1996; we are adding Great Meadows in the State of Massachusetts as open to fishing as it has been open to that opportunity for years but never reflected in 50 CFR part 32; and we are adding migratory bird hunting to San E:\FR\FM\12JYP2.SGM 12JYP2 40110 Federal Register / Vol. 70, No. 132 / Tuesday, July 12, 2005 / Proposed Rules Bernardino National Wildlife Refuge in the State of Arizona, as it has been open to that opportunity since 1986, and that was never reflected in 50 CFR part 32. This document proposes to codify in the Code of Federal Regulations, all of the Service’s hunting and/or sport fishing regulations that are applicable at Refuge System units previously opened to hunting and/or sport fishing. We are doing this to better inform the general public of the requirements at each refuge, to increase understanding and compliance with these requirements, and to make enforcement of these regulations more efficient. In addition to now finding these conditions in 50 CFR part 32, visitors to our refuges will usually find these terms and conditions reiterated in literature distributed by each refuge or posted on signs. We have cross-referenced a number of existing regulations in 50 CFR parts 26, 27, and 32 to assist hunting and sport fishing visitors with understanding safety and other legal requirements on refuges. This redundancy is deliberate, with the intention of improving safety and compliance in our hunting and sport fishing programs. Fish Advisory For health reasons, anglers should review and follow State-issued consumption advisories before enjoying recreational sport fishing opportunities on Service-managed waters. You can find information about current fish consumption advisories on the Internet at: https://www.epa.gov/ost/fish/. Request for Comments You may comment on this proposed rule by any one of several methods: 1. Federal eRulemaking Portal at https://www.regulations.gov. Follow the instructions at that site for submitting comments. 2. You may mail comments to: Chief, Division of Conservation Planning and Policy, National Wildlife Refuge System, U.S. Fish and Wildlife Service, 4401 N. Fairfax Drive, Room 670, Arlington, VA 22203. 3. You may comment via the Internet to: refugesystempolicycomments@fws.gov. Please submit Internet comments as an ASCII file, avoiding the use of special characters and any form of encryption. Please also include: ‘‘Attn: 1018–AU14’’ and your full name and return mailing address in your Internet message. If you only use your e-mail address, we will consider your comment to be anonymous and will not consider it in the final rule. If you do not receive a confirmation from the system that we VerDate jul<14>2003 15:36 Jul 11, 2005 Jkt 205001 have received your Internet message, contact us directly at (703) 358–2036. 4. You may fax comments to: Chief, Division of Conservation Planning and Policy, National Wildlife Refuge System, at (703) 358–2248. 5. Finally, you may hand-deliver or courier comments to the address mentioned above. In light of increased security measures, please call (703) 358–2036 before hand delivering comments. We seek comments on this proposed rule and will accept comments by any of the methods described above. Our practice is to make comments, including the names and home addresses of respondents, available for public review during regular business hours. Individual respondents may request that we withhold their home addresses from the rulemaking record, which we will honor to the extent allowable by law. Also, in some circumstances, we would withhold from the rulemaking record a respondent’s identity, as allowable by law. If you wish for us to withhold your name and/or address, you must state this request prominently at the beginning of your comment. However, we will not consider anonymous comments. We will make all submissions from organizations or businesses and from individuals identifying themselves as representatives or officials of organizations or businesses available for public inspection in their entirety. Department of the Interior policy is, whenever practicable, to afford the public a meaningful opportunity to participate in the rulemaking process. We considered providing a 60-day, rather than a 30-day, comment period. However, we determined that an additional 30-day delay in processing these refuge-specific hunting and sport fishing regulations would hinder the effective planning and administration of our hunting and sport fishing programs. That delay would jeopardize establishment of hunting and sport fishing programs this year, or shorten their duration. Many of these rules also relieve restrictions and allow the public to participate in recreational activities on a number of refuges. In addition, in order to continue to provide for previously authorized hunting opportunities while at the same time providing for adequate resource protection, we must be timely in providing modifications to certain hunting programs on some refuges. When finalized, we will incorporate this regulation into 50 CFR part 32. Part 32 contains general provisions and refuge-specific regulations for hunting and sport fishing on refuges. PO 00000 Frm 00004 Fmt 4701 Sfmt 4702 Clarity of This Regulation Executive Order (E.O.) 12866 requires each agency to write regulations that are easy to understand. We invite your comments on how to make this rule easier to understand, including answers to questions such as the following: (1) Are the requirements in the rule clearly stated? (2) Does the rule contain technical language or jargon that interferes with its clarity? (3) Does the format of the rule (grouping and order of sections, use of headings, paragraphing, etc.) aid or reduce its clarity? (4) Would the rule be easier to understand if it were divided into more (but shorter) sections? (5) Is the description of the rule in the ‘‘Supplementary Information’’ section of the preamble helpful in understanding the rule? (6) What else could we do to make the rule easier to understand? Send a copy of any comments on how we could make this proposed rule easier to understand to: Office of Regulatory Affairs, Department of the Interior, Room 7229, 1849 C Street, NW., Washington, DC 20240. You may e-mail your comments to: Execsec@ios.doi.gov. Regulatory Planning and Review In accordance with the criteria in Executive Order 12866, the Service asserts that this rule is not a significant regulatory action. The Office of Management and Budget (OMB) makes the final determination under Executive Order 12866. a. This rule will not have an annual economic effect of $100 million or adversely affect an economic sector, productivity, jobs, the environment, or other units of the government. A costbenefit and full economic analysis is not required. However, a brief assessment follows to clarify the costs and benefits associated with the proposed rule. The purpose of this rule is to add six refuges to the list of areas open for hunting and/or sport fishing programs and increase the activities available at seven other refuges. The refuges are located in the States of Alabama, California, Connecticut, Maine, Massachusetts, Minnesota, Missouri, New Hampshire, New York, and Washington. Fishing and hunting are two of the wildlife-dependent uses of national wildlife refuges that Congress recognizes as legitimate and appropriate, and we should facilitate their pursuit, subject to such restrictions or regulations as may be necessary to ensure their compatibility with the purpose of each refuge. Many of the 545 existing national wildlife refuges already have programs where we allow fishing and hunting. Not all refuges E:\FR\FM\12JYP2.SGM 12JYP2 Federal Register / Vol. 70, No. 132 / Tuesday, July 12, 2005 / Proposed Rules have the necessary resources and landscape that would make fishing and hunting opportunities available to the public. By opening these refuges to new activities, we have determined that we can make quality experiences available to the public. This rule establishes hunting and/or fishing programs and expands existing activities at the following refuges: Cahaba River National Wildlife Refuge in Alabama, Sacramento River and Stone Lakes National Wildlife Refuges in California, Stewart B. McKinney National Wildlife Refuge in Connecticut, Moosehorn National Wildlife Refuge in Maine, Assabet River, Great Meadows, and Oxbow National Wildlife Refuges in Massachusetts, Glacial Ridge National Wildlife Refuge in Minnesota, Squaw Creek National Wildlife Refuge in Missouri, Silvio O. Conte National Wildlife Refuge in New Hampshire, Wertheim National Wildlife Refuge in New York, and Julia Butler Hansen Refuge for the Columbian White-Tailed Deer in Washington. We are correcting the following administrative errors in 50 CFR part 32: we are removing Pocasse National Wildlife Refuge in the State of South Dakota as it was an easement refuge, and it is no longer a part of the Refuge System; we are removing Rock Lake National Wildlife Refuge in the State of North Dakota as it closed to hunting back in 1996. Since both of these closures happened years ago, and we are just correcting 50 CFR part 32 to reflect this, there is no appreciable economic impact. Lands acquired as ‘‘waterfowl production areas,’’ which we generally manage as part of wetland management districts (WMDs), are open to the hunting of migratory game birds, upland game, big game, and sport fishing subject to the provisions of State law and regulations (see 50 CFR 32.1 and 32.4). We are adding these existing WMDs to the list of refuges open for all four activities in part 32 this year: Big Stone WMD and Minnesota Valley WMD, both in the State of Minnesota; and Arrowwood WMD, Audubon WMD, Chase Lake WMD, Crosby WMD, J. Clark Salyer WMD, Kulm WMD, Lostwood WMD, Long Lake WMD, Tewaukon WMD, and Valley City WMD, all in the State of North Dakota. We do not expect any change in visitation rates at these wetland management districts because recreationists currently have the option to participate in these activities. 40111 Therefore, there are no new economic impacts from the addition of these wetland management districts to the list in 50 CFR part 32. Costs Incurred Costs incurred by this proposed regulation would be minimal, if any. We expect any law enforcement or other refuge actions related to recreational activities to be included in any usual monitoring of the refuge. Therefore, we expect any costs to be negligible. Benefits Accrued Benefits from this proposed regulation would be derived from the new fishing and hunting days from opening the refuges to these activities. If the refuges establishing new fishing and hunting programs were a pure addition to the current supply of such activities, it would mean an estimated increase of 7,455 user days of hunting and 12,000 user days of fishing (Table 1). These new fishing and hunting days would generate: (1) Consumer surplus (the net benefit received by recreationists); and (2) expenditures associated with fishing and hunting on the refuges. TABLE 1.—ESTIMATED CHANGE IN FISHING AND HUNTING OPPORTUNITIES IN 2005/06 Refuge Current hunting and/or fishing days (FY04) Additional fishing days Additional hunting days Assabet River .................................................................................................. Great Meadows ............................................................................................... Moosehorn ....................................................................................................... Oxbow .............................................................................................................. Silvio O. Conte ................................................................................................. Wertheim .......................................................................................................... Cahaba River ................................................................................................... Julia Butler Hansen ......................................................................................... Stone Lakes ..................................................................................................... Glacial Ridge ................................................................................................... Squaw Creek ................................................................................................... Sacramento River ............................................................................................ San Bernardino ................................................................................................ Stewart B. McKinney ....................................................................................... ........................ 49,050 43,500 18,886 ........................ 14,750 ........................ 2,660 ........................ ........................ 353 ........................ 45 ........................ 3,000 ........................ ........................ ........................ ........................ ........................ 8,000 ........................ ........................ ........................ ........................ 1,000 ........................ ........................ 130 125 985 128 65 1,406 2,200 20 14 87 300 1,005 ........................ 990 3,130 125 985 128 65 1,406 10,200 20 14 87 300 2,005 0 990 Total days per year .................................................................................. 129,244 12,000 7,455 19,455 Assuming the new days are a pure addition to the current supply, the additional days would create consumer surplus of approximately $919,000 annually ([7,455 days × $47.32 CS per day] + [12,000 days × $47.07 CS per day]) (Table 2). However, the VerDate jul<14>2003 15:36 Jul 11, 2005 Jkt 205001 participation trend is flat in fishing and hunting activities because the number of Americans participating in these activities has been stagnant since 1991. Any increase in the supply of these activities introduced by adding refuges where the activity is available will most PO 00000 Frm 00005 Fmt 4701 Sfmt 4702 Total additional fishing and hunting days likely be offset by other sites losing participants, especially if the new sites have higher quality fishing and/or hunting opportunities. Therefore, the additional consumer surplus is more likely to be smaller. E:\FR\FM\12JYP2.SGM 12JYP2 40112 Federal Register / Vol. 70, No. 132 / Tuesday, July 12, 2005 / Proposed Rules TABLE 2.—ESTIMATED CHANGE IN CONSUMER SURPLUS FROM ADDITIONAL FISHING AND HUNTING OPPORTUNITIES IN 2005/06 (2004 $) Fishing Total additional days .................................................................................................................... Consumer surplus per day 1 ........................................................................................................ Change in total consumer surplus ............................................................................................... 12,000 $47.32 $567,840 Hunting 7,455 $47.07 $350,907 Total fishing & hunting 19,455 ........................ $918,747 1 Due to the unavailability of consistent consumer surplus estimates for these various site-specific activities, a national consumer surplus estimate is used for this analysis. The estimates are from: Kaval, Pam and John Loomis. ‘‘Updated Outdoor Recreation Use Values with Emphasis on National Park Recreation.’’ October 2003. In addition to benefits derived from consumer surplus, this proposed rule would also have benefits from the recreation-related expenditures. Due to the unavailability of site specific expenditure data, we use the national estimates from the 2001 National Survey of Fishing, Hunting, and Wildlife Associated Recreation to identify expenditures for food and lodging, transportation, and other incidental expenses. Using the average expenditures for these categories with the expected maximum additional participation on the Refuge System yields approximately $818,000 in fishing-related expenditures and $718,000 in hunting-related expenditures (Table 3). TABLE 3.—ESTIMATION OF THE ADDITIONAL EXPENDITURES WITH AN INCREASE OF ACTIVITIES IN SEVEN REFUGES AND THE OPENING OF SIX REFUGES TO FISHING AND/OR HUNTING FOR 2005/06 U.S. total expenditures in 2001 Average expenditures per day Current refuge expenditures w/o duplication (FY2004) (Mil) Possible additional refuge expenditures 557 Mil ..... 38.0 Bil .... 15.6 Bil .... 6.3 Bil ...... 3.8 Bil ...... 5.6 Bil ...... .................... $68 28 11 7 10 $7.0 453.6 186.6 74.9 44.8 66.9 $12,000 818,231 336,549 135,046 80,733 120,769 228 Mil ..... 22.0 Bil .... 5.6 Bil ...... 2.6 Bil ...... 1.9 Bil ...... 1.1 Bil ...... .................... 96 25 11 8 5 2.4 212.0 54.0 25.2 18.0 10.4 7,455 717,668 182,886 85,306 62,303 35,277 Anglers Total days spent ............................................................................................................ Total expenditures ......................................................................................................... Trip related ..................................................................................................................... Food and lodging ........................................................................................................... Transportation ................................................................................................................ Other .............................................................................................................................. Hunters Total days spent ............................................................................................................ Total expenditures ......................................................................................................... Trip related ..................................................................................................................... Food and lodging ........................................................................................................... Transportation ................................................................................................................ Other .............................................................................................................................. By having ripple effects throughout the economy, these direct expenditures are only part of the economic impact of waterfowl hunting. Using a national impact multiplier for hunting activities (2.73) derived from the report ‘‘Economic Importance of Hunting in America’’ and a national impact multiplier for sportfishing activities (2.79) from the report ‘‘Sportfishing in America’’ for the estimated increase in direct expenditures yields a total economic impact of approximately $4.2 million (2004 dollars) (Southwick Associates, Inc., 2003). (Using a local impact multiplier would yield more accurate and smaller results. However, we employed the national impact multiplier due to the difficulty in developing local multipliers for each specific region.) VerDate jul<14>2003 15:36 Jul 11, 2005 Jkt 205001 Since we know that most of the fishing and hunting occurs within 100 miles of a participant’s residence, then it is unlikely that most of this spending would be ‘‘new’’ money coming into a local economy and, therefore, this spending would be offset with a decrease in some other sector of the local economy. The net gain to the local economies would be no more than $4.2 million, and most likely considerably less. Since 80 percent of the participants travel less than 100 miles to engage in hunting and fishing activities, their spending patterns would not add new money into the local economy and, therefore, the real impact would be on the order of $848,000 annually. In summary, we estimate that the additional fishing and hunting opportunities would yield PO 00000 Frm 00006 Fmt 4701 Sfmt 4702 approximately $919,000 in consumer surplus and $848,000 in recreationrelated expenditures annually. The 10year quantitative benefit for this rule would be $17.7 million ($15.5 million discounted at 3 percent or $13.3 million discounted at 7 percent). b. This proposed rule will not create inconsistencies with other agencies’ actions. This action pertains solely to the management of the Refuge System. The fishing and hunting activities located on national wildlife refuges account for approximately 1 percent of the available supply in the United States. Any small, incremental change in the supply of fishing and hunting opportunities will not measurably impact any other agency’s existing programs. E:\FR\FM\12JYP2.SGM 12JYP2 Federal Register / Vol. 70, No. 132 / Tuesday, July 12, 2005 / Proposed Rules c. This proposed rule will not materially affect entitlements, grants, user fees, loan programs, or the rights and obligations of their recipients. This proposed rule does not affect entitlement programs. There are no grants or other Federal assistance programs associated with public use of national wildlife refuges. d. This proposed rule will not raise novel legal or policy issues. This proposed rule opens six additional refuges for fishing and hunting programs and increases the activities available at seven other refuges. This proposed rule continues the practice of allowing recreational public use of national wildlife refuges. Many refuges in the Refuge System currently have opportunities for the public to hunt and fish on refuge lands. Regulatory Flexibility Act Under the Regulatory Flexibility Act (as amended by the Small Business Regulatory Enforcement Fairness Act [SBREFA] of 1996) (5 U.S.C. 601, et seq.), whenever a Federal agency is required to publish a notice of rulemaking for any proposed or final rule, it must prepare and make available for public comment a regulatory flexibility analysis that describes the effect of the rule on small entities (i.e., small businesses, small organizations, and small government jurisdictions). However, no regulatory flexibility analysis is required if the head of an agency certifies that the rule would not have a significant economic impact on a substantial number of small entities. Thus, for a regulatory flexibility analysis to be required, impacts must exceed a threshold for ‘‘significant impact’’ and a threshold for a ‘‘substantial number of small entities.’’ See 5 U.S.C. 605(b). SBREFA amended the Regulatory Flexibility Act to require Federal agencies to provide a statement of the factual basis for certifying that a rule would not have a significant economic impact on a substantial number of small entities. This proposed rule does not increase the number of recreation types allowed on the System but establishes hunting and/or fishing programs on six refuges and expands activities at seven other refuges. As a result, opportunities for wildlife-dependent recreation on national wildlife refuges will increase. The changes in the amount of allowed use are likely to increase visitor activity on these national wildlife refuges. But, as stated in the Regulatory Planning and Review section, this is likely to be a 40113 substitute site for the activity and not necessarily an increase in participation rates for the activity. To the extent visitors spend time and money in the area of the refuge that they would not have spent there anyway, they contribute new income to the regional economy and benefit local businesses. Many small businesses within the retail trade industry (such as hotels, gas stations, taxidermy shops, bait and tackle shops, etc.) may benefit from some increased refuge visitation. A large percentage of these retail trade establishments in the majority of affected counties qualify as small businesses (Table 4). We expect that the incremental recreational opportunities will be scattered, and so we do not expect that the rule will have a significant economic effect (benefit) on a substantial number of small entities in any region or nationally. Using the estimate derived in the Regulatory Planning and Review section, we expect approximately $848,000 to be spent in total in the refuges’ local economies. The maximum increase ($4.2 million if all spending were new money) at most would be less than 1 percent for local retail trade spending (Table 4). TABLE 4.—COMPARATIVE EXPENDITURES FOR RETAIL TRADE ASSOCIATED WITH ADDITIONAL REFUGE VISITATION FOR 2005/2006 Retail trade in 1997 (2004 dollars) (Mil) Refuge/County(ies) Assabet River, Middlesex, MA ............................................. Great Meadows, Middlesex, MA .......................................... Moosehorn, Washington, ME .............................................. Oxbow: Middlesex, MA .............................................................. Worcester, MA .............................................................. Silvio O. Conte, Coos, NH ................................................... Wertheim, Suffolk, NY ......................................................... Cahaba River, Bibb, AL ....................................................... Julia Butler Hansen: Wahkiakum, WA ........................................................... Clatsop, OR .................................................................. Stone Lakes, Sacramento, CA ............................................ Glacial Ridge, Polk, MN ....................................................... Squaw Creek, Holt, MO ....................................................... Sacramento River, Butte, CA .............................................. San Bernardino, Cochise, AZ .............................................. Stewart B. McKinney: New Haven, CT ............................................................ Fairfield, CT .................................................................. With the small increase in overall spending anticipated from this proposed rule, it is unlikely that a substantial number of small entities will have more than a small benefit from the increased spending near the affected refuges. Therefore, we certify that this rule will VerDate jul<14>2003 15:36 Jul 11, 2005 Jkt 205001 Estimated maximum addition from new refuge 17,021.1 17,021.1 306,233.4 $148,079 5,884 46,364 17,021.1 7,334.4 498.8 15,900.2 90.8 Total number retail establish. Establish. with < 10 emp. 0.0009 0.0001 0.0151 5,701 5,701 281 3,697 3,697 206 3,012 3,012 3,060 66,180 482,114 0.0001 0.0001 0.0006 0.0004 0.5307 5,701 2,796 293 8,946 69 3,697 1,896 218 6,904 51 8.6 391.2 11,183.2 249.2 46.4 1,768.5 838.1 471 471 659 4,095 14,121 94,625 0 0.0054 0.0001 0.0001 0.0016 0.0305 0.0054 0.0001 25 407 5,555 203 32 1,095 628 21 291 3,573 131 22 736 439 9,092.1 13,610.1 23,300 23,300 0.0003 0.0002 4,852 5,672 3,424 3,994 not have a significant economic effect on a substantial number of small entities as defined under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). An initial/final Regulatory Flexibility Analysis is not required. Accordingly, a PO 00000 Frm 00007 Fmt 4701 Sfmt 4702 Addition as a % of total Small Entity Compliance Guide is not required. Small Business Regulatory Enforcement Fairness Act The proposed rule is not a major rule under 5 U.S.C. 804(2), the Small E:\FR\FM\12JYP2.SGM 12JYP2 40114 Federal Register / Vol. 70, No. 132 / Tuesday, July 12, 2005 / Proposed Rules Business Regulatory Enforcement Fairness Act. We anticipate no significant employment or small business effects. This rule: a. Does not have an annual effect on the economy of $100 million or more. The additional fishing and hunting opportunities at the seven refuges would generate angler and hunter expenditures with an economic impact estimated at $4.2 million per year (2004 dollars). Consequently, the maximum benefit of this rule for businesses both small and large would not be sufficient to make this a major rule. The impact would be scattered across the country and would most likely not be significant in any local area. b. Will not cause a major increase in costs or prices for consumers, individual industries, Federal, State, or local government agencies, or geographic regions. This proposed rule will have only a slight effect on the costs of hunting and fishing opportunities for Americans. Under the assumption that any additional hunting and fishing opportunities would be of high quality, participants would be attracted to the refuge. If the refuge were closer to the participants’ residences, then a reduction in travel costs would occur and benefit the participants. The Service does not have information to quantify this reduction in travel cost but assumes that, since most people travel less than 100 miles to hunt and fish, the reduced travel cost would be small for the additional days of hunting and fishing generated by this proposed rule. We do not expect this proposed rule to affect the supply or demand for fishing and hunting opportunities in the United States and, therefore, it should not affect prices for fishing and hunting equipment and supplies, or the retailers that sell equipment. Additional refuge hunting and fishing opportunities would account for less than 0.001 percent of the available opportunities in the United States. c. Does not have significant adverse effects on competition, employment, investment, productivity, innovation, or the ability of United States-based enterprises to compete with foreignbased enterprises. This proposed rule represents only a small proportion of recreational spending of a small number of affected anglers and hunters, approximately a maximum of $4.2 million annually in impact. Therefore, this rule will have no measurable economic effect on the wildlifedependent industry, which has annual sales of equipment and travel expenditures of $72 billion nationwide. Refuges that establish hunting and fishing programs may hire additional VerDate jul<14>2003 15:36 Jul 11, 2005 Jkt 205001 staff from the local community to assist with the programs, but this would not be a significant increase because we are only opening six refuges to hunting and/ or fishing and only seven refuges are increasing programs by this proposed rule. Unfunded Mandates Reform Act Since this rule applies to public use of federally owned and managed refuges, it does not impose an unfunded mandate on State, local, or Tribal governments or the private sector of more than $100 million per year. The 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 (Executive Order 12630) In accordance with Executive Order 12630, the rule does not have significant takings implications. This regulation will affect only visitors at national wildlife refuges and describe what they can do while they are on a refuge. Federalism (Executive Order 13132) As discussed in the Regulatory Planning and Review and Unfunded Mandates Reform Act sections above, this rule does not have sufficient Federalism implications to warrant the preparation of a Federalism Assessment under Executive Order 13132. In preparing this proposed rule, we worked with State governments. Civil Justice Reform (Executive Order 12988) In accordance with Executive Order 12988, the Office of the Solicitor has determined that the rule does not unduly burden the judicial system and that it meets the requirements of sections 3(a) and 3(b)(2) of the Order. The regulation will clarify established regulations and result in better understanding of the regulations by refuge visitors. Energy Supply, Distribution or Use (Executive Order 13211) On May 18, 2001, the President issued Executive Order 13211 on regulations that significantly affect energy supply, distribution, and use. Executive Order 13211 requires agencies to prepare Statements of Energy Effects when undertaking certain actions. Because this rule opens six refuges to hunting and/or sport fishing programs and makes minor changes to other refuges open to those activities, it is not a significant regulatory action under PO 00000 Frm 00008 Fmt 4701 Sfmt 4702 Executive Order 12866 and is not expected to significantly affect energy supplies, distribution, and use. Therefore, this action is a not a significant energy action and no Statement of Energy Effects is required. Consultation and Coordination with Indian Tribal Governments (Executive Order 13175) In accordance with Executive Order 13175, we have evaluated possible effects on federally recognized Indian tribes and have determined that there are no effects. We coordinate recreational use on national wildlife refuges with Tribal governments having adjoining or overlapping jurisdiction before we propose the regulations. This regulation is consistent with and not less restrictive than Tribal reservation rules. Paperwork Reduction Act This regulation does not contain any information collection requirements other than those already approved by the Office of Management and Budget under the Paperwork Reduction Act (44 U.S.C. 3501 et seq.) (OMB Control Number is 1018–0102). See 50 CFR 25.23 for information concerning that approval. An agency may not conduct or sponsor and a person is not required to respond to a collection of information unless it displays a currently valid OMB control number. Endangered Species Act Section 7 Consultation In preparation for new openings, we include Section 7 consultation documents approved by the Service’s Endangered Species program in the refuge’s ‘‘openings package’’ for Regional review and approval from the Headquarters Office. We reviewed the changes in hunting and fishing regulations herein with regard to Section 7 of the Endangered Species Act of 1973 (16 U.S.C. 1531–1544, as amended) (ESA). For the national wildlife refuges proposed to open for hunting and/or fishing we have determined that Moosehorn National Wildlife Refuge (bald eagle), Wertheim National Wildlife Refuge, Cahaba River National Wildlife Refuge, Julia Butler Hansen National Wildlife Refuge (Columbia white-tailed deer and bald eagle), Glacial Ridge National Wildlife Refuge, Squaw Creek National Wildlife Refuge (bald eagle), and Sacramento River National Wildlife Refuge will not likely adversely affect any endangered or threatened species or designated critical habitat; and Assabet River National Wildlife Refuge, Great Meadows National Wildlife Refuge, E:\FR\FM\12JYP2.SGM 12JYP2 Federal Register / Vol. 70, No. 132 / Tuesday, July 12, 2005 / Proposed Rules Moosehorn National Wildlife Refuge (Atlantic salmon), Oxbow National Wildlife Refuge, Silvio O. Conte National Wildlife Refuge, Julia Butler Hansen National Wildlife Refuge (marbled murrelet, northern spotted owl, bull trout, howellia, Nelson’s checkermallow, streaked horned lark), Stewart B. McKinney National Wildlife Refuge, Squaw Creek National Wildlife Refuge (piping plover and least tern), and Stone Lakes National Wildlife Refuge will not affect any endangered or threatened species or designated critical habitat; and Squaw Creek National Wildlife Refuge (Eastern Massasauga rattlesnake) is not likely to jeopardize candidate or proposed species critical habitat. We also comply with Section 7 of the ESA when developing Comprehensive Conservation Plans (CCPs) and stepdown management plans for public use of refuges, and prior to implementing any new or revised public recreation program on a refuge as identified in 50 CFR 26.32. We also make determinations when required by the ESA before the addition of a refuge to the lists of areas open to hunting or fishing as contained in 50 CFR 32.7. 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)) and 516 DM 6, Appendix 1. This rule does not constitute a major Federal action significantly affecting the quality of the human environment. An environmental impact statement/assessment is not required. A categorical exclusion from NEPA documentation applies to this amendment of refuge-specific hunting and fishing regulations since it is technical and procedural in nature, and the environmental effects are too broad, speculative, or conjectural to lend themselves to meaningful analysis (516 DM 2, Appendix 1.10). Prior to the addition of a refuge to the list of areas open to hunting and fishing in 50 CFR part 32, we develop hunting and fishing plans for the affected refuges. We incorporate these proposed refuge hunting and fishing activities in the refuge CCPs and/or other step-down management plans, pursuant to our refuge planning guidance in 602 FW 1, 3, and 4. We prepare these CCPs and step-down plans in compliance with section 102(2)(C) of NEPA, and the Council on Environmental Quality’s regulations for implementing NEPA in 40 CFR parts 1500–1508. We invite the affected public to participate in the VerDate jul<14>2003 15:36 Jul 11, 2005 Jkt 205001 review, development, and implementation of these plans. Available Information for Specific Refuges Individual refuge headquarters retain information regarding public use programs and conditions that apply to their specific programs and maps of their respective areas. You may also obtain information from the regional offices at the addresses listed below: Region 1—California, Hawaii, Idaho, Nevada, Oregon, and Washington. Regional Chief, National Wildlife Refuge System, U.S. Fish and Wildlife Service, Eastside Federal Complex, Suite 1692, 911 N.E. 11th Avenue, Portland, Oregon 97232–4181; Telephone (503) 231–6214. Stone Lakes National Wildlife Refuge; 1624 Hood-Franklin Road; Elk Grove, California 95757–9774; (916) 775–4421. Region 2—Arizona, New Mexico, Oklahoma and Texas. Regional Chief, National Wildlife Refuge System, U.S. Fish and Wildlife Service, Box 1306, 500 Gold Avenue, Albuquerque, New Mexico 87103; Telephone (505) 248– 7419. Region 3—Illinois, Indiana, Iowa, Michigan, Minnesota, Missouri, Ohio and Wisconsin. Regional Chief, National Wildlife Refuge System, U.S. Fish and Wildlife Service, 1 Federal Drive, Federal Building, Fort Snelling, Twin Cities, Minnesota 55111; Telephone (612) 713–5401. Glacial Ridge National Wildlife Refuge c/o Rydell National Wildlife Refuge; 17788 349th Street, SE; Erskine, Minnesota 56535; (218) 687–2229. Region 4—Alabama, Arkansas, Florida, Georgia, Kentucky, Louisiana, Mississippi, North Carolina, Tennessee, South Carolina, Puerto Rico and the Virgin Islands. Regional Chief, National Wildlife Refuge System, U.S. Fish and Wildlife Service, 1875 Century Boulevard, Atlanta, Georgia 30345; Telephone (404) 679–7166. Cahaba National Wildlife Refuge; 291 Jimmy Parks Blvd.; Anniston, Alabama 36205; (256) 848–7085. Region 5—Connecticut, Delaware, District of Columbia, Maine, Maryland, Massachusetts, New Hampshire, New Jersey, New York, Pennsylvania, Rhode Island, Vermont, Virginia and West Virginia. Regional Chief, National Wildlife Refuge System, U.S. Fish and Wildlife Service, 300 Westgate Center Drive, Hadley, Massachusetts 01035– 9589; Telephone (413) 253–8306. Assabet River National Wildlife Refuge c/o Eastern Massachusetts National Wildlife Refuge Complex; 73 Weir Hill Road, Sudbury, Massachusetts 01776; (978) 443–4661. PO 00000 Frm 00009 Fmt 4701 Sfmt 4702 40115 Silvio O. Conte National Wildlife Refuge; 52 Avenue A; Turners Falls, Massachusetts 01376; (413) 863–0209. Stewart B. McKinney National Wildlife Refuge; P.O. Box 1030, 733 Old Clinton Road; Westbrook, Connecticut 06498; (860) 399–2513. Region 6—Colorado, Kansas, Montana, Nebraska, North Dakota, South Dakota, Utah and Wyoming. Regional Chief, National Wildlife Refuge System, U.S. Fish and Wildlife Service, 134 Union Blvd., Lakewood, Colorado 80228; Telephone (303) 236–8145. Region 7—Alaska. Regional Chief, National Wildlife Refuge System, U.S. Fish and Wildlife Service, 1011 E. Tudor Rd., Anchorage, Alaska 99503; Telephone (907) 786–3545. Primary Author Leslie A. Marler, Management Analyst, Division of Conservation Planning and Policy, National Wildlife Refuge System, U.S. Fish and Wildlife Service, Arlington, Virginia 22203, is the primary author of this rulemaking document. List of Subjects in 50 CFR Part 32 Fishing, Hunting, Reporting and recordkeeping requirements, Wildlife, Wildlife refuges. For the reasons set forth in the preamble, we propose to amend Title 50, Chapter I, subchapter C of the Code of Federal Regulations as follows: PART 32—[AMENDED] 1. The authority citation for part 32 continues to read as follows: Authority: 5 U.S.C. 301; 16 U.S.C. 460k, 664, 668dd–668ee, and 715i. § 32.7 [Amended] 2. Amend § 32.7 by: a. Adding the listing of ‘‘Cahaba River National Wildlife Refuge’’ in the State of Alabama; b. Adding the listings of ‘‘Sacramento River National Wildlife Refuge’’ and ‘‘Stone Lakes National Wildlife Refuge’’ in the State of California; c. Adding the listing of ‘‘Stewart B. McKinney National Wildlife Refuge’’ in the State of Connecticut; d. Adding the listing of ‘‘Assabet River National Wildlife Refuge’’ in the State of Massachusetts; e. Adding the listings of ‘‘Big Stone Wetland Management District, Glacial Ridge National Wildlife Refuge’’, and ‘‘Minnesota Valley Wetland Management’’ in the State of Minnesota; f. Adding the listing of ‘‘Silvio O. Conte National Wildlife Refuge’’ in the State of New Hampshire; and g. Adding the listings of ‘‘Arrowwood Wetland Management District’’, E:\FR\FM\12JYP2.SGM 12JYP2 40116 Federal Register / Vol. 70, No. 132 / Tuesday, July 12, 2005 / Proposed Rules ‘‘Audubon Wetland Management District’’, ‘‘Chase Lake Wetland Management District’’, ‘‘Crosby Wetland Management District’’, ‘‘J. Clark Salyer Wetland Management District’’, ‘‘Kulm Wetland Management District’’, ‘‘Lostwood Wetland Management District’’, ‘‘Long Lake Wetland Management District’’, ‘‘Tewaukon Wetland Management District’’, and ‘‘Valley City Wetland Management District’’ in the State of North Dakota. 3. Amend § 32.20 Alabama by: a. Adding ‘‘Cahaba National Wildlife Refuge’’; and b. Revising the introductory text of paragraph C. and adding paragraph C.9. of Wheeler National Wildlife Refuge to read as follows: § 32.20 * Alabama. * * * * Cahaba National Wildlife Refuge A. Migratory Game Bird Hunting. [Reserved] B. Upland Game Hunting. We allow hunting of quail, squirrel, rabbit, opossum, raccoon, coyote, and bobcat on designated areas of the refuge in accordance with State regulations subject to the following conditions: 1. You must possess and carry a signed hunt permit when hunting. 2. We prohibit hunting within 100 yards (90 m) of River Road. 3. We prohibit ATVs, mules, and horses on the refuge. 4. We allow the use of dogs to hunt upland game, but the dogs must be under the immediate control of the handler at all times and not allowed to run free (see § 26.21(b) of this chapter). 5. We allow shotguns with #4 shot or smaller, rifles firing .22 caliber rimfire ammunition, or archery equipment. C. Big Game Hunting. We allow the hunting of white-tailed deer, feral hog, and wild turkey on designated areas of the refuge in accordance with State regulations subject to the following conditions: 1. You must possess and carry a signed hunt permit when hunting. 2. We only allow the use of archery equipment during white-tailed deer season. 3. We prohibit marking trees and the use of flagging tape, reflective tacks, and other similar marking devices. 4. We prohibit damaging trees or hunting from a tree that contains an inserted metal object (see § 27.51 of this chapter). Hunters must remove stands from trees after each day’s hunt (see §§ 27.93 and 27.94 of this chapter). 5. We require tree stand users to use a safety belt or harness. 6. We prohibit the use of dogs for hunting or pursuit of big game. VerDate jul<14>2003 15:36 Jul 11, 2005 Jkt 205001 7. Conditions B2 and B3 apply. D. Sport Fishing. We allow sport fishing on designated areas of the refuge in accordance with State regulations subject to the following conditions: 1. We prohibit the taking of frog or turtle (see § 27.21 of this chapter). 2. Condition B3 applies. * * * * * Wheeler National Wildlife Refuge * * * * * C. Big Game Hunting. We allow the hunting of white-tailed deer and feral hog on designated areas of the refuge in accordance with State regulations subject to the following conditions: * * * * * 9. You may only hunt feral hog during the refuge archery and flintlock deer season. * * * * * 4. Amend § 32.22 Arizona by: a. Revising paragraph B.1. of Bill Williams National Wildlife Refuge; b. Revising Havasu National Wildlife Refuge; d. Revising the introductory text of paragraphs A. and B., revising paragraphs B.2. through B.5., and revising paragraphs C. and D. of Imperial National Wildlife Refuge; d. Revising paragraph A., revising the introductory text of paragraph B., and revising paragraph and B.1. of San Bernardino National Wildlife Refuge to read as follows: § 32.22 * Arizona. * * * * Bill Williams National Wildlife Refuge * * * * * B. Upland Game Hunting. * * * 1. Conditions A1 through A7 apply. * * * * * Havasu National Wildlife Refuge A. Hunting of Migratory Game Birds. We allow hunting of mourning and white-winged dove, duck, coot, moorhen, goose, and common snipe on designated areas of the refuge in accordance with State regulations subject to the following conditions: 1. We prohibit falconry. 2. You may possess only approved nontoxic shot while in the field (see § 32.2(k)). 3. You may not hunt within 50 yards (45m) of any building or public road. 4. We prohibit target shooting or the discharge of any weapon except to hunt. 5. We prohibit possession of firearms except while hunting. 6. We prohibit the construction or use of pits and permanent blinds (see § 27.92 of this chapter). PO 00000 Frm 00010 Fmt 4701 Sfmt 4702 7. You must remove temporary blinds, boats, hunting equipment, and decoys from the refuge following each day’s hunt (see §§ 27.93 and 27.94 of this chapter). 8. We prohibit retrieving game from closed areas. You may retrieve game from areas closed to hunting, but otherwise open to entry, as long as you possess no firearms or other means of take. 9. Anyone hired to assist or guide hunter(s) must obtain, possess, and carry a valid Special Use Permit issued by the refuge manager. 10. We prohibit hunting on those refuge lands within the Lake Havasu City limits. 11. The following conditions apply only to Pintail Slough (all refuge lands north of North Dike): i. We require a fee for waterfowl hunting. You must possess proof of payment (refuge permit) while hunting. ii. Waterfowl hunters must hunt within 25 feet (7.5 m) of the numbered post of their assigned blind. iii. We limit the number of persons at each waterfowl hunt blind to three. Observers cannot hold shells or guns unless in possession of a valid State hunting license and stamps. iv. We limit the number shells a waterfowl hunter may possess to 25. v. Waterfowl hunters must possess at least 12 decoys per blind. vi. You may use only dead vegetation or materials brought from off refuge for making or fixing hunt blinds. We prohibit the cutting, pulling, marking or removing vegetation (see § 27.51 of this chapter). vii. Waterfowl hunters must be at their blind at least 45 minutes before legal shoot time and not leave their blind until 10 a.m. MST. viii. Waterfowl hunting ends at 12 p.m. (noon) MST. Hunters must be out of the slough area by 1 p.m. MST. ix. We allow hunting in the juniorsonly waterfowl season. x. We allow dove hunting only during the September season. 12. The following conditions apply to all waters of the lower Colorado River within the Havasu NWR: i. We close designated portions of Topock Marsh to all entry from October 1 through the last day of the waterfowl hunt season (including the State junior waterfowl hunt). These areas are indicated in refuge brochures and identified by buoys and/or signs. ii. We prohibit hunting in the waters of the Colorado River and on those refuge lands within 1⁄4 mile (.4 km) of the waters of the Colorado River from and including Castle Rock Bay north to Interstate 40. E:\FR\FM\12JYP2.SGM 12JYP2 40117 Federal Register / Vol. 70, No. 132 / Tuesday, July 12, 2005 / Proposed Rules iii. We allow hunting on refuge lands and waters south of Castle Rock Bay to the north boundary of the Lake Havasu City limits. B. Upland Game Hunting. We allow hunting of quail and cottontail rabbit on designated areas of the refuge in accordance with State regulations subject to the following conditions: 1. Conditions A1 through A10, A11vi., and A12 apply. 2. We prohibit the possession or use of rifles. 3. We allow hunting of quail in Pintail Slough prior to and following the State waterfowl season (The State waterfowl season includes the State general waterfowl season, the days between the juniors-only waterfowl hunt and the general State waterfowl season, and the juniors-only waterfowl hunt.). 4. We allow hunting of cottontail rabbit in Pintail Slough prior to and following the State waterfowl season (The State waterfowl season includes the State general waterfowl season, the days between the juniors-only waterfowl hunt and the general State waterfowl season, and the juniors-only waterfowl hunt.). C. Big Game Hunting. We allow hunting of bighorn sheep on those refuge lands in Arizona Wildlife Management Area 16B in accordance with State regulations subject to the following conditions: 1. Conditions A3 through A9 and A12ii apply. D. Sport Fishing. We allow fishing on designated areas of the refuge in accordance with State regulations (Colorado River specific regulations apply) subject to the following conditions: 1. We prohibit the use of all air-thrust boats or air-cooled propulsion engines, including floating aircraft. 2. We prohibit overnight boat mooring and shore anchoring unless actively fishing as defined by State regulations (see § 27.93 of this chapter). 3. Anyone hired to assist or guide anglers must obtain, possess, and carry a valid Special Use Permit issued by the refuge manager. 4. The following apply only on Topock Marsh: i. We close designated portions to all entry from October 1 through the last day of the waterfowl hunt season (including the State junior waterfowl hunt). ii. We close designated portions to all entry from April 1 through August 31. These areas are indicated in refuge brochures and identified by buoys and or signs. iii. We prohibit personal watercraft (PWC, as defined by State law). VerDate jul<14>2003 15:36 Jul 11, 2005 Jkt 205001 5. The following apply to all waters of the Colorado River within Havasu NWR from the south regulatory buoy line to the north regulatory buoy line at Interstate 40 (approximately 17 miles (27.2 km)). i. We prohibit personal watercraft (PWC, as defined by State law) as indicated by signs or regulatory buoys in all backwaters. ii. We limit watercraft speed as indicated by signs or regulatory buoys to no wake (as defined by State law) in all backwaters. iii. We prohibit water-skiing, tubing, wake boarding, or other recreationaltowed devices. 6. The following apply to the Mesquite Bay areas of Lake Havasu. i. We prohibit entry of all watercraft (as defined by State law) in all three bays as indicated by signs or regulatory buoys. ii. The Mesquite Bays are Day Use Only areas and open from 1 hour before legal sunrise to 1 hour after legal sunset. Imperial National Wildlife Refuge A. Hunting of Migratory Game Birds. We allow hunting of mourning and white-winged dove, duck, coot, moorhen, goose, and common snipe on designated areas of the refuge subject to the following conditions: * * * * * B. Upland Game Hunting. We allow hunting of quail, cottontail rabbit, coyote, and fox on designated areas of the refuge subject to the following conditions: * * * * * 2. You may possess only approved nontoxic shot while hunting quail and cottontail rabbit (see § 32.2(k). 3. We allow cottontail rabbit hunting from September 1 to the close of the State quail season. 4. We require Special Use Permits for hunting coyote and fox. 5. We allow coyote and fox hunting only during the State quail season. C. Big Game Hunting. We allow hunting of mule deer and desert bighorn sheep on designated areas of the refuge. D. Sport Fishing. We allow fishing and frogging for bullfrog on designated areas of the refuge subject to the following condition: We close posted portions of Martinez Lake and Ferguson Lake to entry from October 1 through the last day of February. * * * * * San Bernardino National Wildlife Refuge A. Migratory Game Bird Hunting. We allow hunting of mourning and whitewinged dove on designated areas of the PO 00000 Frm 00011 Fmt 4701 Sfmt 4702 refuge in accordance with State regulations subject to the following conditions: 1. We allow only shotguns. 2. You may possess only approved nontoxic shot while in the field (see § 32.2(k)). B. Upland Game Hunting. We allow hunting of quail and cottontail rabbit on designated areas of the refuge in accordance with State regulations subject to the following conditions: 1. Conditions A1 and A2 apply. * * * * * 5. Amend § 32.23 Arkansas by: a. Revising paragraphs A.10., A.13., and adding paragraph A.21., revising paragraph B.1., revising paragraph C.1., adding paragraph C.15., and revising paragraph D.4. of Felsenthal National Wildlife Refuge; b. Adding paragraphs B.11. and B.12., revising paragraph C.1., C.4., and D.1. of Holla Bend National Wildlife Refuge; c. Revising paragraphs A.10., A.13., and adding paragraph A.20., revising paragraphs B.1., C.1., and adding paragraph C.11. of Overflow National Wildlife Refuge; and d. Revising paragraphs A.8. and A.11., adding paragraph A.19., revising paragraphs B.3. and C.2., adding paragraph C.16., and revising paragraph D.3. of Pond Creek National Wildlife Refuge to read as follows: § 32.23 * Arkansas. * * * * Felsenthal National Wildlife Refuge A. Migratory Game Bird Hunting. * * * * * * * * 10. We prohibit possession or use of alcoholic beverage(s) while hunting (see § 32.2(j)). We prohibit consumption or possession of opened container(s) of alcoholic beverage(s) in parking lots, on roadways, and in plain view in campgrounds. * * * * * 13. We only allow ATVs for wildlifedependent activities such as hunting and fishing. We restrict ATVs to designated times and designated trails (see § 27.31 of this chapter) marked with signs and paint. We identify these trails and the dates they are open for use in the refuge hunt brochure. We limit ATVs to those having an engine displacement size not exceeding 700cc. We limit ATV tires to those having a centerline lug depth not exceeding 1 inch (2.5 cm). You may use horses on roads and ATV trails (when open to motor vehicle and ATV traffic respectively) as a mode of transportation E:\FR\FM\12JYP2.SGM 12JYP2 40118 Federal Register / Vol. 70, No. 132 / Tuesday, July 12, 2005 / Proposed Rules for on-refuge, wildlife-dependent activities. * * * * * 21. We prohibit the use or possession of any electronic call or other electronic device used for producing or projecting vocal sounds of any wildlife species. B. Upland Game Hunting. * * * 1. Conditions A4 through A18, A20, and A21 apply. * * * * * C. Big Game Hunting. * * * 1. Conditions A6, A8 through A11, A13 through A18, A20, and A21 apply. * * * * * 15. We prohibit the use of deer decoy(s). D. Sport Fishing. * * * * * * * * 4. We prohibit consumption or possession of opened container(s) of alcoholic beverage(s) in parking lots, on roadways, and in plain view in campgrounds (see § 32.2(j)). Holla Bend National Wildlife Refuge * * * * * B. Upland Game Hunting. * * * * * * * * 11. Hunters must enter and exit the refuge from designated roads and parking areas. 12. We prohibit hunting within 150 feet (45 m) of roads and trails open to public use. C. Big Game Hunting. * * * 1. Conditions B1 and B4 through B12 apply. * * * * * 4. The firearms spring youth hunt for turkey is the same as the State. We restrict hunting to youths under age 16. One adult age 18 or older must accompany one youth hunter. We must receive applications for hunts by the last day of January. * * * * * D. Sport Fishing. * * * 1. Conditions B6, B7, B8, and B10 apply. * * * * * Overflow National Wildlife Refuge A. Migratory Game Bird Hunting. * * * * * * * * 10. We prohibit possession or use of alcoholic beverage(s) while hunting (see § 32.2(j)). We prohibit consumption or possession of opened container(s) of alcoholic beverage(s) in parking areas and on roadways. * * * * * 13. We only allow ATVs for wildlifedependent activities such as hunting and fishing. We restrict ATVs to designated times and designated trails VerDate jul<14>2003 15:36 Jul 11, 2005 Jkt 205001 (see § 27.31 of this chapter) marked with signs and paint. We identify those trails and the dates they are open for use in the refuge hunt brochure. We limit ATVs to those having an engine displacement size not exceeding 700cc. We limit ATV tires to those having a centerline lug depth not exceeding 1 inch (2.5 cm). You may use horses on roads and ATV trails (when open to motor vehicle and ATV traffic respectively) as a mode of transportation for on-refuge, wildlife-dependent activities. You may use ATVs on unmarked roads and levees in the North Sanctuary beginning 2 days prior to the opening of deer archery season through October 31. * * * * * 20. We prohibit the use or possession of any electronic call or other electronic device used for producing or projecting vocal sounds of any wildlife species. B. Upland Game Hunting. * * * 1. Conditions A4 through A17, A19, and A20 apply. * * * * * C. Big Game Hunting. * * * 1. Conditions A5 through A11, A13 through A17, A19, and A20 apply. * * * * * 11. We prohibit the use of deer decoy(s). * * * * * Pond Creek National Wildlife Refuge A. Migratory Game Bird Hunting. * * * * * * * * 8. We prohibit possession or use of alcoholic beverage(s) while hunting (see § 32.2(j)). We prohibit consumption or possession of opened container(s) of alcoholic beverage(s) in parking lots, on roadways, and in plain view in campgrounds. * * * * * 11. We only allow ATVs for wildlifedependent activities such as hunting and fishing. We restrict ATVs to designated times and designated trails (see § 27.31 of this chapter) marked with signs and paint. We identify those trails and the dates they are open for use in the refuge hunt brochure. We limit ATVs to those having an engine displacement size not exceeding 700cc. We limit ATV tires to those having a centerline lug depth not exceeding 1 inch (2.5 cm). You may use horses on roads and ATV trails (when open to motor vehicle and ATV traffic respectively) as a mode of transportation for on-refuge, wildlife-dependent activities. * * * * * 19. We prohibit the use or possession of any electronic call or other electronic PO 00000 Frm 00012 Fmt 4701 Sfmt 4702 device used for producing or projecting vocal sounds of any wildlife species. B. Upland Game Hunting. * * * * * * * * 3. Conditions A4 through A16, A18, and A19 apply. * * * * * C. Big Game Hunting. * * * * * * * * 2. Conditions A4, A5 (for archery deer and muzzleloader deer hunts and spring turkey hunts), A6 through A9, A11 through A16, A18, and A19 apply. * * * * * 16. We prohibit the use of deer decoy(s). D. Sport Fishing. * * * * * * * * 3. We prohibit consumption or possession of opened container(s) of alcoholic beverage(s) in parking lots, on roadways, and in plain view in campgrounds (see § 32.2(j)). * * * * * 6. Amend § 32.24 California by: a. Revising paragraphs A.2. through A.9. and adding paragraph A.10. of Don Edwards San Francisco Bay National Wildlife Refuge; b. Revising Sacramento River National Wildlife Refuge; and c. Alphabetically adding Stone Lakes National Wildlife Refuge to read as follows: § 32.24 * California. * * * * Don Edwards San Francisco Bay National Wildlife Refuge A. Migratory Game Bird Hunting. * * * * * * * * 2. We allow hunting in the 17 salt evaporation ponds listed below. These ponds are surrounded by levees and were formerly part of the San Francisco Bay. We have not opened any other ponds. i. Ponds R1 and R2 in the Ravenswood Unit. These ponds are located on the west side of the Dumbarton Bridge between Ravenswood Slough and Highway 84. You may access these ponds only by foot or bicycle from either of two trailheads off Highway 84. We prohibit hunting within 300 feet (90 m) of Highway 84. These ponds will be open 7 days a week. ii. Ponds M1, M2, M3, M4, M5, M6, and A19 in the Mowry Slough Unit. These ponds are located on the east side of the Bay between Mowry Slough and Coyote Creek. You may only access these ponds by boat. You may land your boat at specific points on the Bay side of the levee as designated by refuge E:\FR\FM\12JYP2.SGM 12JYP2 Federal Register / Vol. 70, No. 132 / Tuesday, July 12, 2005 / Proposed Rules signs. You may pull your boat across the levee from the Bay. We prohibit hunting within 300 feet (90 m) of the Union Pacific Railroad track. These ponds will be open 7 days a week. iii. Ponds AB1, A2E, AB2, A3N, and A3W in the Alviso Unit. These ponds are located on the west side of the Bay between Stevens Creek and Guadalupe Slough. You must obtain a refuge Special Use Permit to hunt these ponds. Access to Ponds AB1 and A2E will be from the Crittenden Lane Trailhead in Mountain View. Access to Pond A3W will be from the Carl Road Trailhead in Sunnyvale. Access to Ponds A3N and AB2 is by boat from the other ponds. We allow hunting only from existing hunting blinds. We allow hunting only on Wednesdays, Saturdays, and Sundays on these ponds. iv. Ponds A5, A7, and A8N in the Alviso Unit. These ponds are located on the south end of the Bay between Guadalupe Slough and Alviso Slough. You must obtain a refuge Special Use Permit to hunt these ponds. Access is via walking and bicycling from the Gold Street gate in Alviso. We allow hunting from existing hunting blinds and by walking pond levees. We allow hunting only on Wednesdays, Saturdays, and Sundays on these ponds. 3. During the 2 weekends before the opening of the hunt season, you may bring a boat into Ponds AB1, A2E, AB2, A3N, A3W, A5, A7, and A8N and moor it at a designated site only if authorized by a valid refuge Special Use Permit. These boats will be used to access the hunting blinds and will stay in the pond during the hunt season. You must remove your boat within 2 weeks following the close of the hunt season. We allow nonmotorized boats and motorized boats powered by electric or 4-stroke gasoline motors only. 4. You may maintain an existing blind in the ponds open to hunting if you have a valid refuge Special Use Permit, but the blind will be open for general use on a first-come, first-served basis. We prohibit pit blinds or digging into the levees (see § 27.92 of this chapter). 5. You must remove all decoys and other personal property (except personal boats authorized by a refuge Special Use Permit) from the refuge by legal sunset. You must remove all trash, including shotshell hulls, when leaving hunting areas (see §§ 27.93 and 27.94 of this chapter). 6. Hunters may enter closed areas of the refuge to retrieve downed birds, provided they leave all weapons in a legal hunting area. We encourage the use of retriever dogs. You must keep your dog(s) under immediate control of the handler at all times (see § 26.21(b) VerDate jul<14>2003 15:36 Jul 11, 2005 Jkt 205001 of this chapter). Dogs must remain inside a vehicle or be on a leash until they are on the ponds or on the levees (Ponds R1, 2, A5, 7, and 8N only) as a part of the hunt. 7. You may possess only approved nontoxic shot while in the field (see § 32.2(k)). 8. You must keep firearms unloaded (see § 27.42(b) of this chapter) until you are within the designated hunt area. 9. We prohibit target practice on the refuge or any nonhunting discharge of firearms (see § 27.42 of this chapter). 10. At the Ravenswood Unit only, we only allow portable blinds or construction of temporary blinds of natural materials that readily decompose. We prohibit collection of these natural materials from the refuge (see § 27.51 of this chapter). You must remove portable blinds (see §§ 27.93 and 27.94 of this chapter) by legal sunset. Temporary blinds become available for general use on a first-come, first-served basis on subsequent days. We prohibit permanent blinds, pit blinds, or digging into the levees (see § 27.92 of this chapter). We prohibit entry into closed areas of the refuge prior to the hunt season in order to scout for hunting sites or to build blinds. * * * * * Sacramento River National Wildlife Refuge A. Migratory Game Bird Hunting. We allow hunting of goose, duck, coot, moorhen, dove, and snipe on designated areas of the refuge in accordance with State regulations subject to the following conditions: 1. We only allow shotgun hunting. 2. You must unload firearms (see § 27.42(b) of this chapter) before transporting them between parking areas and hunting areas. ‘‘Unloaded’’ means that no ammunition is in the chamber or magazine of the firearm. 3. You may possess only approved nontoxic shot while in the field (see § 32.2(k)). 4. We prohibit hunting within 50 feet (15 m) of any landward boundary adjacent to private property. 5. We prohibit hunting within 150 yards (45 m) of any occupied dwelling, house, residence, or other building or any barn or other outbuilding used in connection therewith. 6. Access to the hunt area is by foot traffic or boat only. We prohibit bicycles or other conveyances. Mobilityimpaired hunters should consult with the refuge manager for allowed conveyances. 7. We prohibit fires on the refuge, except we allow portable gas stoves on PO 00000 Frm 00013 Fmt 4701 Sfmt 4702 40119 gravel bars (see § 27.95(a) of this chapter). 8. We allow camping on gravel bars up to 7 days during any 30-day period. We prohibit camping on all other refuge lands. 9. We open the refuge for day-use access from 1 hour before legal sunrise until 1 hour after legal sunset. We allow access during other hours on gravel bars only (see condition A8). 10. We require dogs to be kept on a leash, except for hunting dogs engaged in authorized hunting activities, and under the immediate control of a licensed hunter (see § 26.21(b) of this chapter). 11. We prohibit permanent blinds. You must remove all personal property, including decoys and boats, by legal sunset (see §§ 27.93 and 27.94 of this chapter). 12. We prohibit cutting or removal of vegetation for blind construction or for making trails (see § 27.51 of this chapter). B. Upland Game Hunting. We allow hunting of pheasant, turkey, and quail on designated areas of the refuge in accordance with State regulations subject to the following conditions: 1. We only allow shotgun and archery hunting. 2. Conditions A3 through A10 and A12 apply. C. Big Game Hunting. We allow hunting of black-tailed deer on designated areas of the refuge in accordance with State regulations subject to the following conditions: 1. Conditions A4, A5, A7, A8, A9, A12, and B1 apply. 2. We prohibit construction or use of permanent blinds, platforms, ladders or screw-in foot pegs. 3. You must remove all personal property, including stands, from the refuge by legal sunset (see §§ 27.93 and 27.94 of this chapter). D. Sport Fishing. We allow sport fishing on designated areas of the refuge in accordance with State regulations subject to the following conditions: 1. Conditions A7, A8, A9, and A12 apply. 2. On Packer Lake, due to primitive access, we only allow boats up to 14 feet (4.2 m) and canoes. * * * * * Stone Lakes National Wildlife Refuge A. Migratory Game Bird Hunting. We allow hunting of goose, duck, coot, and moorhen on designated areas of the refuge in accordance with State regulations subject to the following conditions: 1. We allow hunting on Sun River Unit only on Tuesdays and Saturdays E:\FR\FM\12JYP2.SGM 12JYP2 40120 Federal Register / Vol. 70, No. 132 / Tuesday, July 12, 2005 / Proposed Rules from 1⁄2 hour before legal sunrise until 12 p.m. (noon) up until the first Saturday in December. Thereafter, we allow hunting on Sun River unit only on Tuesdays, Thursdays, and Saturdays from 1⁄2 hour before legal sunrise until 12 p.m. (noon). 2. We will select hunters through a random drawing process conducted at the refuge. Hunters must bring a copy of their refuge notification on the day of their hunt. Hunters should contact the refuge manager for additional information. 3. We require adults, age 18 or older, to accompany hunters under age 16. 4. We prohibit bicycles or other conveyances. Mobility-impaired hunters should contact the refuge manager regarding allowed conveyances. 5. You must unload firearms (see § 27.42(b) of this chapter) before transporting them between parking areas and spaced-blind areas. ‘‘Unloaded’’ means that no ammunition is in the chamber or magazine of the firearm. 6. We restrict hunters to their assigned spaced-blind except when they are placing or retrieving decoys, traveling to and from the parking area, retrieving downed birds, or when shooting to retrieve cripples. 7. You may only possess approved nontoxic shot while in the field (see § 32.2(k)) in quantities of 25 or less. 8. We prohibit fires on the refuge (see § 27.95(a) of this chapter). 9. We allow vehicles to stop only at designated parking areas. We prohibit dropping of passengers or equipment or stopping between designated parking areas. 10. We allow only nonmotorized boats to access water blinds. 11. You must remove all decoys, personal equipment, shotshell hulls, and refuse from the refuge by legal sunset (see §§ 27.93 and 27.94 of this chapter). 12. Junior hunters must possess a valid Junior Hunting License. 13. We allow the use of hunting dogs for retrieving birds, provided the dogs remain under the immediate control of the hunter at all times (see § 26.21(b) of this chapter). B. Upland Game Hunting. [Reserved] C. Big Game Hunting. [Reserved] D. Sport Fishing. [Reserved] * * * * * 7. Amend § 32.25 Colorado by revising paragraph D. of Rocky Mountain Arsenal to read as follows: § 32.25 * Colorado. * * * * Rocky Mountain Arsenal * * VerDate jul<14>2003 * * * 15:36 Jul 11, 2005 Jkt 205001 D. Sport Fishing. We allow fishing at designated times and on designated areas of the refuge in accordance with State regulations subject to the following conditions: 1. We require a valid State fishing license and valid refuge fishing permit for all anglers age 16 and older. You must obtain and display a daily refuge fishing badge while fishing. 2. We only allow the use of rod and reel with one hook or lure per line. 3. We only allow catch and release fishing. 4. We only allow barbless hooks. 5. We only allow artificial flies or lures. 6. We prohibit the use of live bait. 7. Amend § 32.26 Connecticut by adding an introductory paragraph and adding Stewart B. McKinney National Wildlife Refuge to read as follows: § 32.26 Connecticut. The following refuge units have been opened for hunting and/or fishing and are listed in alphabetical order with applicable refuge-specific regulations. Stewart B. McKinney National Wildlife Refuge A. Migratory Game Bird Hunting. We allow hunting of duck, coot, and goose on designated areas of the Great Meadows Unit in Stratford, Connecticut in accordance with State regulations subject to the following conditions: 1. We require hunters to obtain an annual Special Use Permit in advance for permission to hunt in the designated hunting area. Consult the refuge manager for details on how and when to apply for a Special Use Permit. 2. Any person entering, using, or occupying the refuge for hunting must abide by all the terms and conditions of the Special Use Permit. 3. You must have all applicable hunting licenses, permits, stamps, and a photographic identification in your possession while hunting on the refuge. 4. We will limit hunt days to Tuesdays, Wednesdays, and Saturdays during the waterfowl hunting season as established by the State. 5. We only allow shotguns. 6. You must keep firearms unloaded until you are within the designated hunting area (see § 27.42(b) of this chapter). 7. Access to the hunt area is by foot or boat in designated areas only. Mobility-impaired hunters should consult with the refuge manager for allowed conveyances. 8. You may possess no more than 25 approved nontoxic shot per day while in the field (see § 32.2(k)). 9. This is a waterfowl hunt only. We allow no more than two dogs per PO 00000 Frm 00014 Fmt 4701 Sfmt 4702 waterfowl hunting party. We prohibit dog training on the refuge. 10. During State-established youth days, licensed junior hunters may hunt in the designated hunting area when accompanied by a licensed adult hunter age 18 or older. Adults must possess a valid hunting license; however, we prohibit them carrying a firearm. 11. We prohibit the use of air-thrust and inboard water-thrust boats such as, but not limited to, hovercrafts, airboats, jet skis, watercycles, and waterbikes on all waters within the refuge boundaries. 12. We prohibit hunters launching any boats on the refuge that they cannot portage by hand. A dock and a boat ramp are not available on the refuge. 13. We prohibit pit or permanent blinds. 14. You must remove all temporary blinds, boats, decoys, and all other personal property from the refuge each day (see §§ 27.93 and 27.94 of this chapter). B. Upland Game Hunting. [Reserved] C. Big Game Hunting. [Reserved] D. Sport Fishing. [Reserved] 9. Amend § 32.28 Florida by: a. Revising paragraph D. of Cedar Keys National Wildlife Refuge; b. Revising paragraph D. of J. N. ‘‘Ding’’ Darling National Wildlife Refuge; c. Revising paragraphs C. and D. of Lake Woodruff National Wildlife Refuge; d. Revising Lower Suwannee National Wildlife Refuge; e. Revising paragraphs A.2. through A.5., the introductory text of paragraph D., D.1., D.3., D.4., D.6., D.11., and adding paragraph D.12. of Merritt Island National Wildlife Refuge; f. Revising paragraph C.1., C.5., C.9. through C.12, and adding paragraph C.13. of St. Marks National Wildlife Refuge; and g. Revising paragraph C.2. of St. Vincent National Wildlife Refuge to read as follows: § 32.28 * Florida. * * * * Cedar Keys National Wildlife Refuge * * * * * D. Sport Fishing. We allow salt water sport fishing year-round in accordance with State regulations subject to the following condition: We will close a 300 foot (90 m) buffer zone beginning at mean high tide line and extending into the waters around Seahorse Key to all public entry from March 1 through June 30. * * * * * E:\FR\FM\12JYP2.SGM 12JYP2 Federal Register / Vol. 70, No. 132 / Tuesday, July 12, 2005 / Proposed Rules J. N. ‘‘Ding’’ Darling National Wildlife Refuge * * * * * D. Sport Fishing. We allow fishing and crabbing on designated areas of the refuge in accordance with State regulations subject to the following conditions: 1. We prohibit fishing and crabbing in all waters of the Bailey Tract except for Smith Pond and Airplane Canal. 2. We allow fishing and crabbing in all other refuge waters except in areas designated as ‘‘closed to public entry’’. 3. We prohibit the taking of horseshoe crabs, stone crabs, or spider crabs. 4. We prohibit the taking of blue crabs for commercial purposes. 5. We allow the recreational take of blue crabs within 150 feet (45 m) of the Wildlife Drive only with the use of dip nets. 6. Beyond 150 feet (45 m) of the Wildlife Drive we allow recreational take of blue crabs with baited lines and traps only if such devices are continuously attended/monitored and removed at the end of each day. ‘‘Attended/monitored’’ means that all devices used in the capture of blue crabs must be within the immediate view of the sport crabber. 7. The daily limit of blue crabs is 20 per person, of which no more than 10 shall be females. 8. We prohibit the use of cast nets within 150 feet (45 m) of a water-control structure on the Wildlife Drive. 9. We prohibit the use of personal watercraft, air-thrust boats, and hovercraft. 10. We prohibit kite-surfing or kiteboarding, wind-surfing or sail-boarding, or any similar type of activities. 11. We prohibit vessels exceeding the slow speed/minimum wake in refuge waters. 12. We only allow vessels propelled by polling, paddling, or floating in the posted ‘‘no-motor zone’’ of the Ding Darling Wilderness Area. All motors, including electric motors, must be in a nonuse position (out of the water) when in the ‘‘no-motor zone’’. 13. We prohibit camping on all refuge lands and overnight mooring of vessels on all refuge waters. 14. You may only launch vessels at designated sites on the refuge. Lake Woodruff National Wildlife Refuge * * * * * C. Big Game Hunting. We allow hunting of white-tailed deer and feral hog on designated areas of the refuge in accordance with State regulations subject to the following condition: We require refuge permits. VerDate jul<14>2003 15:36 Jul 11, 2005 Jkt 205001 D. Sport Fishing. We allow sport fishing on designated areas of the refuge in accordance with State regulations subject to the following conditions: 1. We only allow fishing from legal sunrise to legal sunset. 2. We prohibit the use of airboats on the refuge. 3. We prohibit commercial fishing or the taking of frogs or turtles (see § 27.21 of this chapter). 4. We prohibit the use of snatch hooks in the refuge impoundments. 5. When boating, you must slow down and observe all manatee speed zones and caution areas. Lower Suwannee National Wildlife Refuge A. Migratory Game Bird Hunting. We allow hunting of duck and coot on designated areas of the refuge in accordance with State regulations subject to the following conditions: 1. We require hunters to possess and carry signed refuge hunt permits for all hunts. 2. We designated open and closed refuge hunting areas on the map in the refuge hunt permit that the hunter must possess and carry. 3. You must park vehicles in a manner that does not block roads or gates (see § 27.31(h) of this chapter). 4. We prohibit the use of ATVs (see § 27.31(f) of this chapter). 5. We prohibit horses. 6. We prohibit possession of a loaded firearm or bow and arrow (see § 27.42(b) of this chapter) while on a refuge road right-of-way designated for motorized vehicle travel or in any vehicle or boat. We define ‘‘loaded’’ as shells in the chamber or magazine or percussion cap on a muzzleloader, or arrow notched in a bow. 7. We prohibit hunting from refuge roads open to public vehicle travel. 8. We prohibit construction of permanent blinds or stands. 9. In addition to State hunter education requirements, an adult (parent or guardian) age 21 or older must supervise and must remain within sight of and in normal voice contact of the youth hunter age 15 and under. Parents or adult guardians are responsible for ensuring that hunters under age 16 do not engage in conduct that would constitute a violation of the refuge regulations. An adult may supervise no more than two youths. 10. We prohibit all commercial activities, including guiding or participating in a guided hunt. 11. We prohibit target practice or any nonhunting discharge of firearms (see § 27.42 of this chapter). PO 00000 Frm 00015 Fmt 4701 Sfmt 4702 40121 12. We prohibit marking any tree, or other refuge feature, with flagging, litter, paint, or blaze. 13. We allow marking trails with reflective markers, but you must remove the markers (see §§ 27.93 and 27.94 of this chapter) at the end of the refuge deer hunting season. 14. Hunters utilizing the refuge are subject to inspection of licenses, permits, hunting equipment, bag limits, vehicles, and their contents during compliance checks by refuge or State law enforcement officer. 15. Hunters must be at their vehicles by 1 hour after legal shooting time. B. Upland Game Hunting. We allow hunting of gray squirrel, armadillo, opossum, rabbit, raccoon, coyote, and beaver on designated areas of the refuge in accordance with State regulations subject to the following conditions: 1. Conditions A1 through A15 apply. 2. The refuge upland game hunting season opens on the Monday after the refuge limited hog hunt closes and ends on February 28. 3. You may only possess .22 caliber rimfire rifle (but not .22 magnum) firearms (see § 27.42 of this chapter) or shotguns with shot no larger than #4 common or bows with arrows that have judo or blunt tips. We prohibit possession of arrows capable of taking big game during the upland game hunting season. 4. We allow night hunting in accordance with State regulations for raccoon and opossum on Wednesday through Saturday nights from legal sunset until legal sunrise during the month of February. C. Big Game Hunting. We allow hunting of big game on designated areas of the refuge in accordance with State regulations subject to the following conditions: 1. Conditions A1 through A15 apply. 2. We prohibit the use of hunting and tracking dogs for all deer and hog hunts. 3. We require quota hunt permits (issued through a random draw) for the limited deer gun hunt, limited hog hunt, and limited youth gun deer hunt. They cost $12.50. 4. Quota hunt permits are nontransferable. 5. Hunters may only use archery equipment in accordance with State archery regulations during the refuge archery season. 6. Hunters may only use muzzleloading firearms (see § 27.42 of this chapter) in accordance with State muzzleloader regulations during the refuge muzzleloader season. 7. We prohibit hunting from a tree in which a metal object has been driven (see § 32.2(i)). E:\FR\FM\12JYP2.SGM 12JYP2 40122 Federal Register / Vol. 70, No. 132 / Tuesday, July 12, 2005 / Proposed Rules 8. You may leave temporary tree stands on the refuge starting on the last weekend of August, but you must remove them by the last day of the general gun hunting season (see § 27.93 of this chapter). 9. All hunters (including all persons accompanying hunters) must wear a minimum of 500 square inches (3,250 cm 2) of fluorescent orange visible above the waistline while hunting during all refuge deer gun hunts. 10. We prohibit the use of organized drives for taking or attempting to take game. 11. The refuge general gun season begins on the opening Saturday of the Florida State Central Management Zone, General Gun season and ends on the following Friday. It reopens on the Monday after the refuge limited deer season and ends on the following Sunday. The refuge general gun season lasts 14 days. 12. The refuge limited either-sex deer hunt is on the second Saturday and Sunday of the State Central Management Zone General Gun season. This coincides with the opening of the State’s either-sex hunt deer hunting season. 13. The youth limited Gun Deer Hunt is the Saturday and Sunday following the close of the refuge general gun season. 14. The refuge limited hog hunt begins on the first Monday after the Florida State Central Management Zone General Gun (antlered deer and wild hog) season closes, and ends on the following Sunday. 15. During the limited youth hunt, an adult age 21 or older must accompany the youth, age 15 and under, but only the youth hunter may hunt and handle the firearm. 16. We confine the limited youth hunt to the Levy County portion of the refuge, and hunters must access the refuge from Levy County Road 347. 17. We allow hunting of deer (except spotted fawns), feral hog (no size or bag limit), gray squirrel, rabbit, armadillo, opossum, raccoon, beaver, and coyote during the archery season. 18. Hunters may take deer, with one or more antlers at least 5 inches (12.5 cm) in length visible above the hairline, and feral hog (no bag or size limit) during the muzzleloader and generalgun season. 19. Hunters may take hog (no size or bag limit), and a maximum of two deer per day, during the limited deer gun hunt and limited youth gun deer hunt, except only one deer may be a buck for each of the 2-day limited hunts. 20. Hunters may take hog (no size or bag limit) during the limited hog hunt. VerDate jul<14>2003 15:36 Jul 11, 2005 Jkt 205001 21. We prohibit all other public entry or use of the hunting area during the limited hog, limited gun, and limited youth deer hunts. During the limited gun hunt and limited hog hunt, the Dixie Mainline road will remain open to all public vehicles, but we prohibit firearms except for permit holders. 22. Hunters must check all game harvested during all deer and hog hunts. 23. You may only take turkey during the State spring turkey hunting season. 24. You may only take bearded turkeys during the spring turkey hunt. 25. Shooting hours for spring turkey begin 1⁄2 hour before legal sunrise and end at 1 p.m. 26. We only allow shotguns with shot no larger than size 2 common shot or bows and arrows for spring turkey hunting. D. Sport Fishing. We allow sport fishing on designated areas of the refuge in accordance with State regulations subject to the following conditions: 1. Anglers may take game and nongame fish only with pole and line or rod and reel. 2. We prohibit taking of frogs and turtles (see § 27.21 of this chapter). 3. We prohibit leaving boats on the refuge overnight (see § 27.93 of this chapter). 4. We prohibit consumption of alcohol or possession of open alcohol containers in the public use areas of Shired Island boat launch/fishing and parking lot area and the Shell Mound fishing/recreational area (see § 32.2(j)). Merritt Island National Wildlife Refuge A. Migratory Game Bird Hunting. * * * * * * * * 2. You must possess and carry a refuge waterfowl hunting quota permit while hunting areas 1 or 4, from the beginning of the regular waterfowl season through December 31. 3. You may hunt Wednesdays, Saturdays, Sundays, and all Federal holidays that fall within the State’s waterfowl season. 4. You may hunt in four designated areas of the refuge as delineated in the refuge hunting regulations map. We prohibit hunters entering the normal or expanded restricted areas of the Kennedy Space Center. 5. You may only hunt on refugeestablished hunt days from legal shooting time until 1 p.m. * * * * * D. Sport Fishing. We allow you to fish, crab, clam, oyster, and shrimp in designated areas of the refuge as delineated in the refuge fishing regulations map in accordance with PO 00000 Frm 00016 Fmt 4701 Sfmt 4702 State regulations subject to the following conditions: 1. You must possess and carry a current, signed refuge fishing permit at all times while fishing on the refuge. * * * * * 3. We allow launching of boats at night only from Bair’s Cove, Beacon 42, and Bio Lab boat ramps. 4. We prohibit crabbing or fishing, and access for the purpose of crabbing or fishing, from Black Point Wildlife Drive or any side road connected to Black Point Wildlife Drive except L Pond Road. * * * * * 6. Anglers and crabbers must attend their lines at all times. * * * * * 11. We prohibit fishing within the normal or expanded restricted areas of the Kennedy Space Center. 12. We prohibit the use of internal combustion engines within the two zones in Mosquito Lagoon. The zones include the posted waters located north of WSEG Boat Ramp and west of the Intra Coastal Waterway and the posted waters on Tiger Shoals extending from the northeast refuge boundary southward to the waters just south of Preachers Island. * * * * * St. Marks National Wildlife Refuge * * * * * C. Big Game Hunting. * * * 1. We require refuge permits issued by lottery. Lottery applications are available at the refuge office each year beginning in July. There is a fee for permits. Permits are nontransferable. There is an additional fee for duplicate permits. Each hunter must possess and carry a signed permit when participating in a hunt. Prior to hunting each day, you must check-in at a hunt check station as specified in the refuge hunt brochure. You must check out upon completion of hunting each day. * * * * * 5. There is a two-deer limit per hunt as specified in C8 and C9 below, except in the youth hunt, where the limit is one deer per hunt as specified in C11 below. The limit for bearded turkey is one per hunt. There is no limit on feral hog. * * * * * 9. There is a winter archery/ muzzleloader hunt. Hunters may harvest doe deer, antlerless deer, bearded turkey, or feral hog. We define ‘‘antlerless deer’’ as deer with antlers less than 1 inch (2.5 cm) above the hairline and ‘‘antlered deer’’ as deer with antlers at least 1 inch (2.5 cm) above the hairline. If the first deer you harvest is an antlerless male, you may E:\FR\FM\12JYP2.SGM 12JYP2 Federal Register / Vol. 70, No. 132 / Tuesday, July 12, 2005 / Proposed Rules harvest another doe or antlerless deer as your second deer. If the first deer you harvest is a doe, you may bring it to the check station, and we will give you a permit to harvest an antlered deer. With the antlered deer permit, you may harvest any deer as your second deer. Archery equipment and muzzleloaders must meet the requirements set by the State. We prohibit other weapons in the hunt area (see § 27.43 of this chapter). Contact the refuge office for specific dates. 10. There are two modern gun hunts. Modern guns must meet State requirements. We will hold one hunt on the Panacea Unit and one on the Wakulla Unit. You may harvest deer as described in C9 above. You may also harvest one bearded turkey or feral hog (no limit). Contact the refuge office for specific dates. 11. There is one youth hunt, for youths ages 10 to 15, on the St. Marks Unit in an area to be specified in the refuge hunt brochure. Hunters may harvest one deer of either sex or feral hog (no limit). An adult, age 21 or older, must accompany each youth hunter, and each adult may accompany only one youth. The adult must possess a refuge permit. Only the youth hunter may handle or discharge firearms. Contact the refuge office for specific dates. 12. There is one mobility-impaired hunt on the Panacea Unit in the area west of County Road 372. Hunters may harvest doe deer, antlerless deer, bearded turkey, or feral hog. See definition for ‘‘antlerless deer’’ in C9 above. We will give each hunter that harvests a doe deer a permit to harvest an antlered deer, as described in C9 above. Hunters may have an able-bodied hunter accompany them. You may transfer permits issued to able-bodied assistants. We limit those hunt teams to two deer per hunt. Contact the refuge office for specific dates. 13. There is one spring gobbler hunt. You may harvest one bearded turkey per hunt. You may only use shotguns to harvest turkey. Contact the refuge officer for specific dates. You must unload and dismantle or case weapons (see § 27.42(b) of this chapter) after 1 p.m. * * * * * St. Vincent National Wildlife Refuge * * * * * C. Big Game Hunting. * * * * * * * * 2. We restrict hunting to three hunt periods: Sambar deer, raccoon, and feral hog—November 17–19; and white-tailed deer, raccoon, and feral hog—December 15–17 and January 5–7. Hunters may VerDate jul<14>2003 15:36 Jul 11, 2005 Jkt 205001 check-in and set up camp sites and stands on November 16, December 14, and January 4. Hunters must leave the island and remove all equipment by 11 a.m. on November 20, December 18, and January 8. * * * * * 10. Amend § 32.29 Georgia by: a. Revising paragraph D. of Banks Lake National Wildlife Refuge; b. Adding paragraphs C.18. and C.19. of Blackbeard Island National Wildlife Refuge; c. Adding paragraph C.18. and C.19. of Harris Neck National Wildlife Refuge; d. Revising paragraphs B.9., D.1., and D.4. of Piedmont National Wildlife Refuge; e. Revising paragraph A.1., adding paragraphs A.4., A.5., and B.8., and revising paragraphs C.5. and C.8. of Savannah National Wildlife Refuge; and f. Adding paragraphs C.19. and C.20. of Wassaw National Wildlife Refuge to read as follows: § 32.29 * Georgia. * * * * Banks Lake National Wildlife Refuge * * * * * D. Sport Fishing. We allow fishing on designated areas of the refuge in accordance with State regulations subject to the following conditions: 1. We only allow the use of pole and line or rod and reel, which the angler must attend at all times. 2. We allow sport fishing after legal sunset; but we prohibit all other activity after legal sunset. 3. We prohibit marking of paths or navigational routes. 4. We prohibit swimming, wading, jet skiing, and water skiing. Blackbeard Island National Wildlife Refuge * * * * * C. Big Game Hunting. * * * * * * * * 18. Youth hunters age 15 and under must possess and carry a valid hunter education card in order to hunt. 19. Youth hunters age 15 and under must remain within sight and normal voice contact of an adult age 21 or older, possessing a license. One adult may supervise no more than two youth hunters. * * * * * Harris Neck National Wildlife Refuge * * * * * C. Big Game Hunting. * * * * * * * * 18. Youth hunters age 15 and under must possess and carry a valid hunter education card in order to hunt. PO 00000 Frm 00017 Fmt 4701 Sfmt 4702 40123 19. Youth hunters age 15 and under must remain within sight and normal voice contact of an adult age 21 or older, possessing a license. One adult may supervise no more than two youth hunters. * * * * * Piedmont National Wildlife Refuge * * * * * B. Upland Game Hunting. * * * * * * * * 9. We only allow .22 caliber or smaller rimfire firearms for raccoon and opossum hunting. * * * * * D. Sport Fishing. * * * 1. We allow fishing from April 1 to September 30. * * * * * 4. We allow nonmotorized boats on all ponds designated as open to fishing except the Children’s pond. We allow boats with electric motors only in Pond 2A and Allison Lake. * * * * * Savannah National Wildlife Refuge A. Migratory Game Bird Hunting. * * * 1. You must possess and carry a signed refuge permit at all times while hunting on the refuge. We only require a fee for the quota youth waterfowl hunt on the Solomon Tract and the wheelchair-dependent hunters’ quota deer hunt. * * * * * 4. Youth hunters age 15 and under must possess and carry a valid hunter education card in order to hunt. 5. Youth hunters age 15 and under must remain within sight and normal voice contact of an adult age 21 or older, possessing a license. One adult may supervise no more than two youth hunters. B. Upland Game Hunting. * * * * * * * * 8. Conditions A4 and A5 apply. C. Big Game Hunting. * * * * * * * * 5. We only allow shotguns with slugs, muzzleloaders, and bows for deer and hog hunting throughout the designated hunt area during the November gun hunt and the March hog hunt. However, we allow high-powered rifles north of Interstate Highway 95 only. We prohibit handguns. * * * * * 8. Conditions B7, A4, and A5 apply. * * * * * Wassaw National Wildlife Refuge * * * * * C. Big Game Hunting. * * * * * * * * E:\FR\FM\12JYP2.SGM 12JYP2 40124 Federal Register / Vol. 70, No. 132 / Tuesday, July 12, 2005 / Proposed Rules 19. Youth hunters age 15 and under must possess and carry a valid hunter education card in order to hunt. 20. Youth hunters age 15 and under must remain within sight and normal voice contact of an adult age 21 or older, possessing a license. One adult may supervise no more than two youth hunters. * * * * * 11. Amend § 32.32 Illinois by: a. Removing paragraphs A.2. and A.3., redesignating paragraph A.4. as A.2., revising paragraph A.2., and revising paragraph D.2. of Chautauqua National Wildlife Refuge; b. Revising paragraph A.5., adding paragraph A.7.xii., and revising paragraphs B.1., B.2., C.1., and D.1. of Cypress Creek National Wildlife Refuge; c. Revising the introductory text of paragraph A., adding paragraph A.3., revising the introductory text of paragraph B., adding paragraphs B.1., B.2., and revising paragraphs C. and D. of Emiquon National Wildlife Refuge; d. Revising the introductory text of paragraph D. and revising paragraphs D.1. and D.2. of Meredosia National Wildlife Refuge; e. Revising the introductory text of paragraphs B., C., and D. of Middle Mississippi River National Wildlife Refuge; f. Revising paragraph B.3., revising the introductory text of paragraph C., and revising paragraph D.3. of Port Louisa National Wildlife Refuge; g. Revising paragraph D.3. of Two Rivers National Wildlife Refuge; and h. Revising paragraph A.6. of Upper Mississippi River National Wildlife and Fish Refuge to read as follows: § 32.32 * Illinois. * * * * Chautauqua National Wildlife Refuge A. Hunting of Migratory Game Birds. * * * * * * * * 2. Hunters must remove boats, decoys, and portable blinds at the end of each day’s hunt (see §§ 27.93 and 27.94 of this chapter). * * * * * D. Sport Fishing. * * * * * * * * 2. We allow bank fishing from legal sunrise October 16 to legal sunset January 14 between the boat ramp and the fishing trail in the North Pool and from Goofy Ridge Public Access to west gate of the north pool water control structure. * * * * * VerDate jul<14>2003 15:36 Jul 11, 2005 Jkt 205001 Cypress Creek National Wildlife Refuge A. Migratory Game Bird Hunting. * * * * * * * * 5. We allow dove hunting beginning on September 1 and continuing on the following Mondays, Wednesdays, and Saturdays throughout the State season. * * * * * 7. * * * * * * * * xii. All hunting parties must hunt over a minimum of 12 decoys at each blind site. * * * * * B. Upland Game Hunting. * * * 1. Conditions A1, A2, A3, and A4 apply. 2. We prohibit hunting after legal sunset, except we allow raccoon and opossum hunting after legal sunset. C. Big Game Hunting. * * * 1. Conditions A1 and A2 apply. D. Sport Fishing. * * * 1. Conditions A2 and A3 apply. * * * * * Emiquon National Wildlife Refuge A. Migratory Game Bird Hunting. We allow hunting of migratory game birds on designated areas of the refuge in accordance with State regulations subject to the following conditions: * * * * * 3. We allow the use of motorized boats at no-wake speeds on all refuge waters. B. Upland Game Hunting. We allow hunting of upland game on designated areas of the refuge in accordance with State regulations subject to the following conditions: 1. You may possess only approved nontoxic shot while hunting all allowed species except wild turkey and coyote (see § 32.2(k)). You may possess lead shot for hunting of wild turkey and coyote. 2. We allow access for hunting from 1 hour before legal sunrise until legal sunset. C. Big Game Hunting. We allow hunting of big game on designated areas of the refuge in accordance with State regulations subject to the following condition: Hunters must remove hunting stands at the end of each day’s hunt (see §§ 27.93 and 27.94 of this chapter). D. Sport Fishing. We allow sport fishing on designated areas of the refuge in accordance with State regulations subject to the following conditions: 1. We prohibit leaving private boats on refuge waters overnight (see § 27.93 of this chapter). 2. Condition A3 applies. * * * * * PO 00000 Frm 00018 Fmt 4701 Sfmt 4702 Meredosia National Wildlife Refuge * * * * * D. Sport Fishing. We allow sport fishing on designated areas of the refuge in accordance with State regulations subject to the following conditions: 1. We allow sport fishing on all areas open to public access from legal sunrise to legal sunset from January 15 to October 15. 2. We allow foot access on refuge land along the east side of Meredosia Lake in Morgan County from legal sunrise to legal sunset from October 16 to January 14. The boat ramp remains open throughout the year for access to Meredosia Lake. * * * * * Middle Mississippi River National Wildlife Refuge * * * * * B. Upland Game Hunting. We allow hunting of small game, furbearers, turkey, and nonmigratory game birds on the Beaver, Harlow, Meissner, and Wilkinson Island Division in accordance with State regulations subject to the following conditions: * * * * * C. Big Game Hunting. We allow hunting of white-tailed deer on the Beaver, Harlow, Meissner, and Wilkinson Island Divisions in accordance with State regulations subject to the following conditions: * * * * * D. Sport Fishing. We allow fishing on the Beaver, Harlow, and Wilkinson Island Divisions in accordance with State regulations subject to the following conditions: * * * * * Port Louisa National Wildlife Refuge * * * * * B. Upland Game Hunting. * * * * * * * * 3. We allow hunting in designated areas on the Horseshoe Bend Division from September 1 until September 14 and from December 1 until February 28. We allow spring turkey hunting. * * * * * C. Big Game Hunting. We allow hunting of white-tailed deer only on Big Timber Division and in designated areas on Horseshoe Bend Division in accordance with State regulations subject to the following conditions: * * * * * D. Sport Fishing. * * * * * * * * 3. We close the following Divisions to all public access: Louisa Division— September 14 until January 1; Horseshoe Bend Division—September E:\FR\FM\12JYP2.SGM 12JYP2 40125 Federal Register / Vol. 70, No. 132 / Tuesday, July 12, 2005 / Proposed Rules 14 until December 1; Keithsburg Division—September 15 until January 1. * * * * * Two Rivers National Wildlife Refuge * * * * * D. Sport Fishing. * * * * * * * * 3. From October 15 through December 31 we close the Batchtown, Gilbert Lake, and Portage Island Divisions, and the portion of the Calhoun Division north and west of the Illinois River Road, to all public access. * * * * * Upper Mississippi River National Wildlife and Fish Refuge A. Migratory Game Bird Hunting. * * * * * * * * 6. For Pools 12, 13 (excluding the Lost Mound Unit), and 14, we allow the following: hunting from boat blinds or scull boats; construction of permanent blinds from dimensional lumber (however, we prohibit use of nonbiodegradable materials such as metal, plastic, or fiberglass); and use of willow, cattail, bulrush, lotus, arrowhead vegetation, and dead wood on the ground for blind building and camouflage. We prohibit cutting or removing any other trees or vegetation (see § 27.51 of this chapter). Hunters must place an identification card with name, address, and telephone number inside the permanent blind. Blinds not occupied by 1 hour before legal sunrise are available on a first-come, first-served basis. * * * * * 12. Amend § 32.33 Indiana by: a. Revising paragraphs B., C., and D. of Muscatatuck National Wildlife Refuge; and b. Revising paragraph B.1., adding paragraph C.3., revising the introductory text of paragraph D. and paragraph D.1. of Patoka River National Wildlife Refuge and Management Area to read as follows: § 32.33 * Indiana. * * * * Muscatatuck National Wildlife Refuge * * * * * B. Upland Game Hunting. We allow hunting of wild turkey, quail, squirrel, and rabbit on designated areas of the refuge in accordance with State regulations subject to the following conditions: 1. For wild turkey hunting, we require a refuge permit. 2. We prohibit discharge of firearms within 100 yards (90 m) of an occupied dwelling. VerDate jul<14>2003 15:36 Jul 11, 2005 Jkt 205001 3. Shotgun hunters may possess only approved nontoxic shot on the refuge (see § 32.2(k)). 4. We allow the use of hunting dogs for hunting rabbit and quail only. C. Big Game Hunting. We allow hunting of white-tailed deer on designated areas of the refuge during the State archery and muzzleloader seasons in accordance with State regulations subject to the following conditions: 1. You must possess and carry a refuge permit during the State muzzleloader season. 2. We only allow bow and arrow and muzzleloaders, except that hunters with a State handicapped hunting permit may use crossbows. 3. We prohibit the construction and use of permanent blinds, platforms, or ladders (see § 27.92 of this chapter). 4. Condition B2 applies. 5. We allow access to the refuge during posted hours during refuge deer hunts. 6. Hunters may only take one deer per day from the refuge. 7. We allow only permitted muzzleloader hunters during the State muzzleloader season. 8. We allow archery hunting during the refuge-designated seasons. D. Sport Fishing. We allow fishing on designated areas of the refuge in accordance with State regulations subject to the following conditions: 1. We prohibit the use of boats and belly boats on all refuge waters except for Stanfield Lake and Richart Lake. 2. We only allow fishing with rod and reel or pole and line. 3. We allow fishing from legal sunrise to legal sunset. 4. We prohibit harvesting of frogs and turtles (see § 27.21 of this chapter). Patoka River National Wildlife Refuge and Management Area * * * * * B. Upland Game Hunting. * * * 1. You may only possess approved nontoxic shot while hunting on the refuge (see § 32.3(k)). * * * * * C. Big Game Hunting. * * * * * * * * 3. We prohibit marking trails with tape, ribbons, paper, paint, tacks, tree blazes, or other devices. D. Sport Fishing. We allow sport fishing in accordance with State regulations on the main channel of the Patoka River, but all other refuge waters are subject to the following conditions: 1. We allow fishing from legal sunrise to legal sunset. * * * * * 13. Amend § 32.34 Iowa by removing paragraph B.1., redesignating PO 00000 Frm 00019 Fmt 4701 Sfmt 4702 paragraphs B.2. through B.4. as paragraphs B.1. through B.3., and adding a new paragraph B.4. of Neal Smith National Wildlife Refuge to read as follows: § 32.34 * Iowa. * * * * Neal Smith National Wildlife Refuge * * * * * B. Upland Game Hunting. * * * * * * * * 4. We prohibit shooting on or over any refuge road within 50 feet (15 m) from the centerline. * * * * * 14. Amend § 32.36 Kentucky by: a. Revising Clarks River National Wildlife Refuge; and b. Revising paragraph C.1., and removing paragraph C.5. of Reelfoot National Wildlife Refuge to read as follows: § 32.36 * Kentucky. * * * * Clarks River National Wildlife Refuge A. Migratory Game Bird Hunting. We allow hunting of mourning dove, woodcock, common snipe, Canada and snow goose, coot, and waterfowl listed in 50 CFR 10.13 under DUCKS on designated areas of the refuge in accordance with State regulations subject to the following conditions: 1. The refuge is a day-use area only, with the exception of legal hunting/ fishing activities. 2. We prohibit the use of motorized off-road vehicles (e.g., ATVs) on the refuge (see § 27.31(f) of this chapter). 3. We prohibit target practice with any weapon or nonhunting discharge of firearms (see § 27.42 of this chapter). 4. We prohibit the use of horses and mules on refuge property during the State muzzleloader and modern gun deer hunts. We allow horseback riding on refuge roads and portions of the abandoned railroad tracks owned by the refuge for access purposes while engaged in wildlife activities. We prohibit horses and mules off these secondary access routes for any reason. 5. You must possess and carry a valid refuge permit while hunting and/or fishing on the refuge. 6. To retrieve or track game from a posted closed area of the refuge, the hunter must first request permission from the refuge manager at 270–527– 5770 or the law enforcement officer at 270–703–2836. 7. We prohibit the use of flagging tape, reflective tacks, or nonbiodegradable devices used to identify paths to and mark tree stands, blinds, and other areas. E:\FR\FM\12JYP2.SGM 12JYP2 40126 Federal Register / Vol. 70, No. 132 / Tuesday, July 12, 2005 / Proposed Rules 8. We close those portions of abandoned railroad tracks within the refuge boundary to vehicle access (see § 27.31 of this chapter). 9. We prohibit discharge of firearms or carrying loaded firearms on or within 100 feet (90 m) of any home, the abandoned railroad tracks, graveled roads, and hiking trails. 10. We prohibit possession and/or use of herbicides (see § 27.51 of this chapter). 11. We prohibit possession or use of alcoholic beverages while hunting (see § 32.2(j)). 12. We prohibit the use of electronic calls with the exception for taking crow during crow season. 13. An adult, age 21 or older, must supervise all youth hunters, age 15 and under. Youth hunters must remain in sight and normal voice contact with the adult. On small game hunts, the adult may supervise no more than two youths; on big game hunts, the adult may supervise no more than one youth. 14. All persons born after January 1, 1975 must possess a valid hunter education card while hunting. 15. Waterfowl hunters must pick up decoys and equipment (see §§ 27.93 and 27.94 of this chapter), unload firearms (see § 27.42(b) of this chapter), and be out of the field by 2 p.m. daily during the State waterfowl season. 16. You may only use portable or temporary blinds that must be removed (see §§ 27.93 and 27.94 of this chapter) from the refuge daily. 17. We close, as posted, the SharpeElva Water Management Unit from November 1 through March 15 to all entry with the exception of drawn permit holders and their guests. 18. We only allow waterfowl hunting on the Sharpe-Elva Water Management Unit on specified Saturdays and Sundays during the State waterfowl season. We only allow hunting by individuals in possession of a refuge draw permit and their guests. State regulations and the following conditions apply: i. Application procedures and eligibility requirements are available from the refuge office. ii. We allow permit holders and up to three guests to hunt their assigned provided blind on the designated date. We prohibit guests in the blind without the attendance of the permit holder. iii. We prohibit selling, trading, or bartering of permits. This permit is nontransferable. iv. You may place decoys out Saturday morning at the beginning of the hunt, and you must remove them by Sunday at the close of the hunt (see §§ 27.93 and 27.94 of this chapter). VerDate jul<14>2003 15:36 Jul 11, 2005 Jkt 205001 v. We prohibit watercraft in the Sharpe-Elva Water Management Unit, except for drawn permit holders to access their assigned blinds and retrieve downed birds as needed. B. Upland Game Hunting. We allow hunting of squirrel, rabbit, quail, raccoon, opossum, crow, and coyote on designated areas of the refuge in accordance with State regulations subject to the following conditions: 1. Conditions A1 through A14 apply. 2. We close squirrel, rabbit, and quail seasons during muzzleloader and modern gun deer hunts. 3. You may not kill or cripple a wild animal without making a reasonable effort to retrieve the animal and harvest a reasonable portion of that animal and include it in your daily bag limit. 4. You may use only rimfire rifles, pistols, shotguns, and legal archery equipment for taking upland game. 5. We prohibit possession and use of lead ammunition, except that you may use rimfire rifle and pistol lead ammunition no larger than .22 caliber for upland game hunting. 6. You may hunt coyote during any daytime refuge hunt with weapons and ammunition allowed for that hunt. C. Big Game Hunting. We allow hunting of white-tailed deer and turkey on designated areas of the refuge in accordance with State regulations subject to the following conditions: 1. Conditions A1 through A15 and B3 apply. 2. We only allow the use of portable and climbing stands. You may place stands in the field no earlier than 2 weeks prior to the opening of deer season, and you must remove them from the field within 1 week after the season closes (see §§ 27.93 and 27.94 of this chapter). The hunter’s name and address must appear on all stands left in the field. 3. You must use safety belts at all times when occupying the tree stands. 4. We prohibit organized deer drives of two or more hunters. We define ‘‘drive’’ as: the act of chasing, pursuing, disturbing, or otherwise directing deer so as to make animals more susceptible to harvest. D. Sport Fishing. We allow fishing and frogging on designated areas of the refuge in accordance with State regulations subject to the following conditions: 1. Conditions A1 through A15 apply. * * * * * Reelfoot National Wildlife Refuge * * * * * C. Big Game Hunting. * * * 1. Conditions B1 through B6 apply. * * * * * PO 00000 Frm 00020 Fmt 4701 Sfmt 4702 15. Amend § 32.37 Louisiana by: a. Revising the introductory text of paragraph A., revising paragraph A.8., adding paragraphs A.12., and A.13., revising the introductory text of paragraph B., revising paragraph B.4., and adding paragraph C.10. of Big Branch Marsh National Wildlife Refuge; b. Revising paragraph A.6. of Black Bayou Lake National Wildlife Refuge; c. Adding paragraphs A.9. and A.10., revising paragraph B.7., adding paragraph B.8. and B.9., revising paragraphs C.1., C.3., and C.9., and revising paragraphs D.2. and D.4., and adding paragraph D.6. of Boque Chitto National Wildlife Refuge; d. Revising paragraphs A.5. and A.6. of Cameron Prairie National Wildlife Refuge; e. Revising paragraphs A.1. and A.8., adding paragraphs A.21. through A.25., revising paragraphs B.1. and C.1., redesignating paragraphs C.3. through C.8. as paragraphs C.4. through C.9., adding a new paragraph C.3., revising paragraph C.4., and adding paragraphs C.9., D.10. and D.11. of Cat Island National Wildlife Refuge; f. Revising paragraphs A.2. and A.4., adding paragraphs A.15. and A.16., revising paragraphs B.1. and B.8., adding paragraphs B.9. and B.10., revising paragraphs C.1., C.2., C.3., C.8., adding paragraph C.11., revising paragraph D.1., and adding paragraph D.8. of Catahoula National Wildlife Refuge; g. Revising paragraph A.6. of D’Arbonne National Wildlife Refuge; h. Revising paragraph A.12., adding paragraph A.13., and revising paragraph C.1. of Delta National Wildlife Refuge; i. Revising paragraph A.1., adding paragraphs A.23. through A.29., revising paragraphs B.1., C.1., C.2., C.3., and C.4., adding paragraph C.9., and revising paragraphs D.1. and D.8., and adding paragraphs D.13. through D.15. of Grand Cote National Wildlife Refuge; j. Revising the heading and introductory text of paragraph A., revising paragraphs A.1., A.15., A.16., adding paragraphs A.21., A.22., and A.23. revising paragraphs B.1., B.2., C.1., C.3., C.4., C.6., C.11., C.12., adding paragraphs C.15. through C.17., revising paragraph D.1., and adding paragraphs D.9. and D.10. of Lake Ophelia National Wildlife Refuge; and k. Revising paragraph A.8. of Upper Ouachita National Wildlife Refuge to read as follows: § 32.37 * E:\FR\FM\12JYP2.SGM Louisiana. * 12JYP2 * * * Federal Register / Vol. 70, No. 132 / Tuesday, July 12, 2005 / Proposed Rules Big Branch Marsh National Wildlife Refuge A. Migratory Game Bird Hunting. We allow hunting of duck, coot, goose, snipe, rail, and gallinule on designated areas of the refuge during the State waterfowl season in accordance with State regulations subject to the following conditions: * * * * * 8. The refuge is open from 1⁄2 hour before legal sunrise to 1⁄2 hour after legal sunset. * * * * * 12. Hunters may not enter the refuge before 4 a.m. 13. We prohibit any person or group to act as a hunting guide, outfitter, or in any other capacity that any other individual(s) pays or promises to pay directly or indirectly for services rendered to any other person or persons hunting on the refuge, regardless of whether such payment is for guiding, outfitting, lodging, or club membership. B. Upland Game Hunting. We allow hunting of squirrel, rabbit, woodcock, and quail on designated areas of the refuge in accordance with State regulations subject to the following conditions: * * * * * 4. Conditions A5 through A13 apply. * * * * * C. Big Game Hunting. * * * * * * * * 10. Conditions A5 through A13 apply. * * * * * Black Bayou Lake National Wildlife Refuge A. Migratory Game Bird Hunting. * * * * * * * * 6. We prohibit hunting within 150 feet (45 m) of the maintained right-ofway of roads, from or across ATV trails (see § 27.31 of this chapter). We prohibit hunting within 50 feet (15 m), or trespassing on above-ground oil or gas production facilities. * * * * * Boque Chitto National Wildlife Refuge A. Migratory Game Bird Hunting. * * * * * * * * 9. We allow primitive camping within 100 feet (30 m) of designated streams. These include either bank of the Boque Chitto River, Wilson Slough, and West Pearl River south of Wilson Slough, refuge lands along the East Pearl River, and Holmes Bayou. 10. We prohibit any person or group to act as a hunting guide, outfitter, or in any other capacity that any other VerDate jul<14>2003 15:36 Jul 11, 2005 Jkt 205001 individual(s) pays or promises to pay directly or indirectly for services rendered to any other person or persons hunting on the refuge, regardless of whether such payment is for guiding, outfitting, lodging, or club membership. B. Upland Game Hunting. * * * * * * * * 7. Conditions A3 (upland game hunts), and A5 through A10 apply. 8. During the refuge deer gun season, all hunters except waterfowl hunters must wear a minimum of 400 square inches (2,600 cm2) of unbroken hunter orange as the outermost layer of clothing on the chest and back, and in addition we require a hat or cap of unbroken hunter orange. 9. We allow upland game hunting during the open State season. C. Big Game Hunting. * * * 1. Conditions A3 (one adult may only supervise one youth hunter during refuge Gun Deer Hunts), A5 through A7, A10, B5, and B8 apply. * * * * * 3. We allow archery deer hunting during the open State archery season. * * * * * 9. You may take hogs as incidental game while participating in the refuge archery, primitive weapon and general gun deer hunts only. Additionally, you may take hogs typically during varying dates in January and February, and you must only take them with the aid of trained hog-hunting dogs from legal sunrise until legal sunset. During the special hog season in January and February, hunters may use pistol or rifle ammunition not larger than .22 caliber or a shotgun with nontoxic (steel, bismuth) shot to kill hogs after they have been caught by dogs. * * * * * D. Sport Fishing. * * * * * * * * 2. Conditions A9 and B5 apply. * * * * * 4. We allow boats in the fishing ponds at the Pearl River Turnaround that do not have gasoline-powered engines attached. These boats must be hand launched into the ponds. * * * * * 6. We allow trotlines but the last five feet of trotline must be 100% cotton. * * * * * Cameron Prairie National Wildlife Refuge A. Migratory Game Bird Hunting. * * * * * * * * 5. We allow dove hunting on designated areas during the first split of the State dove season only. PO 00000 Frm 00021 Fmt 4701 Sfmt 4702 40127 6. We allow snipe hunting on designated areas for the remaining portion of the State snipe season following closure of the State Ducks and Coots season in the West Zone. * * * * * Cat Island National Wildlife Refuge A. Migratory Game Bird Hunting. * * * 1. We require hunters and anglers age 16 and older to purchase and carry a signed refuge special recreational activity permit. * * * * * 8. You must report all harvest game at the refuge check station upon leaving the refuge. * * * * * 21. We prohibit accessing refuge property by boat from the Mississippi River. 22. Persons using the refuge are subject to inspection of permits, licenses, hunting equipment, bag limits, and boats and vehicles by law enforcement officers. 23. We allow nonmotorized or electric-powered boats only. 24. We prohibit trapping. 25. We prohibit the possession of saws, saw blades, or machetes. B. Upland Game Hunting. * * * 1. Conditions A1 through A17, A19, A21, and A22 apply. * * * * * C. Big Game Hunting. * * * 1. Conditions A1 through A17, A19, and A21 through A22 apply. * * * * * 3. There will be two or three lottery gun hunts (muzzleloader/rifle) in November and December (see refuge brochure for details). We will set hunt dates in July, and we will accept applications from August 1 through August 31. Applicants may apply for more than one hunt. There is a $5 application fee per person for each hunt application and a $15 per person permit for each successful applicant. We will notify successful applicants by September 5. 4. We allow only portable deer stands. Hunters may erect stands 2 days before the beginning of the refuge archery season and must remove them the last day of the State archery season (see § 27.93 of this chapter). 5. We prohibit the use of dogs to trail wounded deer or hogs. * * * * * 9. We prohibit driving or screwing nails, spikes, or other metal objects into trees or hunting from any tree into which such an object has been driven (see § 32.2(i)). E:\FR\FM\12JYP2.SGM 12JYP2 40128 Federal Register / Vol. 70, No. 132 / Tuesday, July 12, 2005 / Proposed Rules D. Sport Fishing. * * * * * * * 10. We prohibit boat launching by trailer from all refuge roads and parking lots. 11. We prohibit the harvest of frogs or turtles (see § 27.21 of this chapter). * Catahoula National Wildlife Refuge A. Migratory Game Bird Hunting. * * * * * * * * 2. We allow goose, duck, and coot hunting on the Bushley Bayou Unit on Tuesdays, Thursdays, Saturdays, and Sundays only from 1⁄2 hour before legal sunrise until 12 p.m. (noon) during the State season. * * * * * 4. We allow ATVs on ATV trails (see § 27.31 of this chapter) designated on the refuge hunt/fish permit from September 1 through the end of rabbit season. We open Bushley Creek, Black Lake, Boggy Bayou, Round Lake, Dempsey Lake Roads, and that portion of Minnow Ponds Road at Highway 8 to Green’s Creek Road and then south to Green’s Creek Bridget to ATVs yearround. We prohibit the use of an ATV on graveled roads designated for motor vehicle traffic unless otherwise posted. We only allow ATVs for wildlifedependent activities. We define an ATV as an off-road vehicle (not legal for highway use) with factory specifications not to exceed the following: weight 750 lbs. (337.5 kg), length 85 inches (212.5 cm), and width 48 inches (120 cm). We restrict ATV tires to those no larger than 25 x 12 with a maximum 1 inch (2.5 cm) lug height and a maximum allowable tire pressure of 7 psi as indicated on the tire by the manufacturer. * * * * * 15. We only allow dogs to locate, point, and retrieve when hunting for migratory game birds. We only allow dogs after the last deer-muzzleloader hunt, except when we allow them for waterfowl hunting throughout the entire refuge waterfowl season. 16. We prohibit camping or parking overnight on the refuge. B. Upland Game Hunting. * * * 1. Conditions A1, A4 (at the Bushley Bayou Unit), A7 through A14, and A16 apply. * * * * * 8. At the Headquarters Unit, we close upland game hunting during high water conditions with an elevation of 42 feet (12.6 m) or above as measured at the Corps of Engineers center of the lake gauge on Catahoula Lake. At the Bushley Bayou Unit, we close upland game hunting during high water conditions with an elevation of 44 feet VerDate jul<14>2003 15:36 Jul 11, 2005 Jkt 205001 (13.2 m) or above as measured at the Corps of Engineers center of the lake gauge on Catahoula Lake. 9. On the Bushley Bayou Unit we allow the use of dogs to hunt squirrel, rabbit, and raccoon only after the last deer-muzzleloader hunt. 10. Dog owners must place their names and phone numbers on the collars of all of their dogs. C. Big Game Hunting. * * * 1. Conditions A1, A4 (at the Bushley Bayou Unit), A7 through A9, A12 through A14, A16, and B4 through B8 (big game hunting) apply. 2. At the Bushley Bayou Unit, we allow deer-archery hunting during the State archery season, except when closed during deer-gun and deermuzzleloader hunts. We allow eithersex, deer-muzzleloader hunting during the first segment of the State season for Area 1, weekdays only (Monday through Friday) and the third weekend after Thanksgiving Day. We allow either-sex, deer-gun hunting for the Friday, Saturday, and Sunday immediately following Thanksgiving Day and for the second weekend following Thanksgiving Day. 3. At the Headquarters Unit, we allow deer-archery hunting during the State archery season, except when closed during the deer-gun hunt south of the French Fork of the Little River. We allow either-sex, deer-gun hunting on the fourth weekend after Thanksgiving Day on the area south of the French Fork of the Little River. * * * * * 8. We prohibit the use of organized drives for taking or attempting to take game or using pursuit dogs. * * * * * 11. We prohibit the use of dogs to trail wounded deer. D. Sport Fishing. * * * 1. Conditions A4 (at the Bushley Bayou Unit), A7, A9, A13 (as a fishing guide), A14, A16, B5, and B7 apply. * * * * * 8. We prohibit bank fishing on Bushley Creek and fishing in Black Lake, Dempsey Lake, Long Lake, Rhinehart Lake, and round Lake, during deer-gun and muzzleloader hunts. We prohibit fishing in Black Lake, Dempsey Lake, Long Lake, Rhinehart Lake, and Round Lake during waterfowl hunts. D’Arbonne National Wildlife Refuge A. Migratory Game Bird Hunting. * * * * * * * * 6. We prohibit hunting within 150 feet (45 m) of the maintained right-ofway roads, from or across ATV trails (see § 27.31 of this chapter). We prohibit PO 00000 Frm 00022 Fmt 4701 Sfmt 4702 hunting within 50 feet (15 m) or trespassing on above-ground oil or gas production facilities. * * * * * Delta National Wildlife Refuge A. Migratory Game Bird Hunting. * * * * * * * * 12. We prohibit any person or group to act as a hunting guide, outfitter, or in any other capacity that any other individual(s) pays or promises to pay directly or indirectly for services rendered to any other person or persons hunting on the refuge, regardless of weather such payment is for guiding, outfitting, lodging, or club membership. 13. We open the refuge from 1⁄2 hour before legal sunrise to 1⁄2 hour after legal sunset, with the exception that hunters may enter the refuge earlier, but not before 4 a.m. Condition A10 applies. * * * * * C. Big Game Hunting. * * * 1. For archery hunting of deer and hogs, conditions A4 through A13 apply. For A11 each adult may supervise no more than one youth hunter during big game hunting. * * * * * Grand Cote National Wildlife Refuge A. Migratory Game Bird Hunting. * * * 1. We require hunters and anglers age 16 and older to purchase and carry a signed refuge special recreational activity permit. * * * * * 23. There will be space-blind waterfowl hunts on designated sections of the refuge during the regular State waterfowl season (see refuge brochure for details). Hunt dates will be Wednesdays and Saturdays until 12 p.m. (noon). There will be a random drawing on each hunt day to select participants. The drawing for each hunt day will be approximately 2 hours before legal sunrise. We will limit blinds to three persons. We will set hunt dates in September, subject to water availability, after the State sets the season. 24. There will be youth-only lottery waterfowl hunts on designated sections of the refuge during the regular State waterfowl season (see refuge brochure for details). We will determine hunt dates after the State sets the waterfowl season and limit the hunts to no more than five per season. We will accept applications from November 1 through November 21. We will notify successful applicants by mail. 25. There may be special youth, women, and disabled hunter dove hunts E:\FR\FM\12JYP2.SGM 12JYP2 40129 Federal Register / Vol. 70, No. 132 / Tuesday, July 12, 2005 / Proposed Rules (subject to cropland availability) during the regular State dove season (see refuge brochure for details). We will determine hunt dates after the State sets the season. We will determine the number of hunt days and participants by location of available cropland. We will accept applications from July 1 through July 31, and we may only select individuals for one hunt date. We will notify successful applicants by mail. 26. Individuals utilizing the refuge are subject to inspections of permits, licenses, hunting equipment, bag limits, and boats and vehicles by law enforcement officers. 27. We allow nonmotorized or electric-powered boats only. 28. We prohibit the possession of saws, saw blades, or machetes. 29. We prohibit trapping. B. Upland Game Hunting. * * * 1. Conditions A1 through A16, A20, and A26 apply. * * * * * C. Big Game Hunting. * * * 1. Conditions A1 through A16, A20, and A26 apply. 2. We allow archery-only deer hunting on certain sections of the refuge from October 1 through November 30 (see refuge brochure for details). 3. We allow only portable deer stands (see §§ 27.93 and 27.94 of this chapter). Deer stands must have the owner’s name, address, and phone number clearly printed on the stand. 4. We prohibit hunters to drive deer or to use pursuit dogs. We prohibit the use of dogs to trail wounded deer or hogs. * * * * * 9. We prohibit driving or screwing nails, spikes, or other metal objects into trees or hunting from any tree into which such an object has been driven (see § 32.2(i)). D. Sport Fishing. * * * 1. Conditions A11, A26, C7, and C8 apply * * * * * 8. You may harvest 100 lbs. (45 kg) of crawfish per person per day. * * * * * 13. We prohibit the harvest of frogs or turtles (see § 27.21 of this chapter). 14. We only allow bank fishing in Coulee des Grues along Little California Road. 15. We prohibit launching boats, put or placed, in Coulee des Grues from refuge property. * * * * * Lake Ophelia National Wildlife Refuge A. Migratory Game Bird Hunting. We allow hunting of duck, goose, coot, woodcock, snipe, and mourning dove VerDate jul<14>2003 15:36 Jul 11, 2005 Jkt 205001 on designated areas of the refuge, as shown in the refuge hunting brochure map, in accordance with State regulations subject to the following conditions: 1. We require hunters and anglers age 16 and older to purchase and carry a signed refuge special recreational activity permit. * * * * * 15. We allow motors up to 25 hp in Possum Bayou (north of Boat Ramp), Palmetto Bayou, Westcut Lake, Pt. Basse, and Nicholas Lake. 16. We allow electric-powered or nonmortorized boats in Dooms Lake, Lake Long, and Possum Bayou (south of Boat Ramp). * * * * * 21. We will allow incidental take of mourning dove while migratory bird hunting on days open to waterfowl hunting. 22. Persons using the refuge are subject to inspections of permits, licenses, hunting equipment, bag limits, boats, and vehicles by law enforcement officers. 23. We prohibit trapping. B. Upland Game Hunting. * * * 1. Conditions A1 through A16, A19, and A22 apply. 2. We allow squirrel and rabbit hunting in Hunt Unit 2B from the opening of the State season through December 15. * * * * * C. Big Game Hunting. * * * 1. Conditions A1 through A3, A5 through A16, A19, and A22 apply. * * * * * 3. We allow archery hunting from November 15 through January 1 and January 23 to the end of the State archery season except during the youth and muzzleloader deer hunts when we prohibit archery hunting. 4. We allow archery deer hunting in Hunt Units 1B and 2B from November 15 through December 15. * * * * * 6. We allow only portable deer stands. Hunters may erect deer stands 2 days before the beginning of the refuge archery season and must remove them the last day of the State archery season. * * * * * 11. We allow electric-powered or nonmotorized boats in Lake Ophelia from November 1 through December 15. 12. You may kill one deer of either sex per day during the first refuge archery season, and you may kill antlered bucks only during the second refuge archery season. * * * * * 15. There will be three lottery muzzleloader hunts (see refuge brochure PO 00000 Frm 00023 Fmt 4701 Sfmt 4702 for details). We will set hunt dates in July, and we will accept applications from August 1 through August 31. Applicants may NOT apply for more than one hunt. There is a $5 nonrefundable application fee per person for each hunt application and a $15 per person permit for each successful applicant. We will notify successful applicants by September 15. 16. There will be two lottery deer hunts for youth ages 12 to 15 (see refuge brochure for details). We will set hunt dates in July, and we will accept applications from November 1 through November 21. We will provide blinds. We will require successful applicants to pass a shooting proficiency test in order to qualify for the hunt. We will notify successful applicants by mail. 17. We prohibit driving or screwing nails, spikes, or other metal objects into trees or hunting from any tree in which such an object has been driven (see § 32.2(i)). D. Sport Fishing. * * * 1. Conditions A1, A3, A5 through A9, A17, A19 (remove boats (see § 27.93 of this chapter)) and A22 apply. * * * * * 9. We prohibit the harvest of frogs or turtles (see § 27.21 of this chapter). 10. We prohibit crawfishing. * * * * * Upper Ouachita National Wildlife Refuge A. Migratory Game Bird Hunting. * * * * * * * * 8. We prohibit hunting within 150 feet (45 m) of the maintained right-ofway of roads and from or across ATV trails (see § 27.31 of this chapter). We prohibit hunting within 50 feet (15 m) or trespassing on above-ground oil or gas production facilities. * * * * * 16. Amend § 32.38 Maine by: a. Revising paragraphs A., B., and C. of Moosehorn National Wildlife Refuge; b. Revising the introductory text of paragraph A., revising paragraphs A.5. and A.6., and adding paragraphs A.7. and A.8., revising paragraph B., revising paragraphs C.1., C.3, C.5., C.6., C.7., C.8., and adding paragraph C.9., and revising paragraph D. of Rachel Carson National Wildlife Refuge; and c. Revising Sunkhaze Meadows National Wildlife Refuge to read as follows: § 32.28 * Maine. * * * * Moosehorn National Wildlife Refuge A. Migratory Game Bird Hunting. We allow hunting of duck, goose, American E:\FR\FM\12JYP2.SGM 12JYP2 40130 Federal Register / Vol. 70, No. 132 / Tuesday, July 12, 2005 / Proposed Rules woodcock, and Wilson’s snipe on designated areas of the Baring and Edmunds Division of the refuge in accordance with State regulations subject to the following conditions: 1. We require every hunter to possess and carry a personally signed refuge hunting permit. Permits and regulations are available at checkpoints throughout the refuge. 2. You must complete a Hunter Information Card at a self-clearing check station after each hunt before leaving the refuge. 3. We allow hunters to enter the refuge 1⁄2 hour before legal shooting hours, and they must exit the refuge by 1⁄2 hour past legal shooting hours. 4. You may hunt American woodcock and Wilson’s snipe on the Edmunds Division and that part of the Baring Division that lies west of State Route 191. 5. You may hunt waterfowl (duck and goose) in that part of the Edmunds Division that lies north of Hobart Stream and west of U.S. Route 1, and in those areas east of U.S. Route 1, and in that portion of the Baring Division that lies west of State Route 191. 6. We prohibit hunting of waterfowl in the Nat Smith Field and Marsh or Bills Hill Ponds on the Edmunds Division. 7. We prohibit construction or use of any permanent blind. 8. You may only use portable or temporary blinds. 9. You must remove portable or temporary blinds and decoys from the refuge following each day’s hunt (see §§ 27.93 and 27.94 of this chapter). 10. We prohibit motorized or mechanized vehicles and equipment in designated Wilderness Areas. This includes all vehicles and items such as winches, pulleys, and wheeled game carriers. Hunters must remove animals harvested within the Wilderness Areas by hand without the aid of mechanical equipment of any type. B. Upland Game Hunting. We allow hunting of ruffed grouse, snowshoe hare, red fox, red squirrel, gray squirrel, raccoon, skunk, and woodchuck on designated areas of the Baring and Edmunds Divisions of the refuge in accordance with State regulations subject to the following conditions: 1. Conditions A1, A2, and A10 apply. 2. We allow hunters to enter the refuge 1⁄2 hour before legal shooting hours, and they must exit the refuge by 1⁄2 hour past legal shooting hours except for hunters pursuing raccoons at night. 3. During the firearms big game seasons, you must wear in a conspicuous manner on head, chest, and back a minimum of 400 square VerDate jul<14>2003 15:36 Jul 11, 2005 Jkt 205001 inches (2,600 cm2) of solid-colored, hunter-orange clothing or material. 4. We allow the hunting of ruffed grouse, snowshoe hare, red fox, red squirrel, gray squirrel, raccoon, skunk, and woodchuck on the Edmunds Division and that part of the Baring Division that lies west of State Route 191. 5. We prohibit hunting on refuge lands after March 31. 6. You must register with the refuge office prior to hunting raccoon or red fox with trailing dogs. C. Big Game Hunting. We allow hunting of black bear, bobcat, eastern coyote, moose, and white-tailed deer on designated areas of the refuge in accordance with State regulations subject to the following conditions: 1. Conditions A1, A2, A10, B3, and B5 apply. 2. We allow hunters to enter the refuge 1⁄2 hour before legal shooting hours, and they must exit the refuge by 1⁄2 hour past legal shooting hours, except for hunters pursuing eastern coyotes at night. 3. We allow bear hunting from October 1 to the end of the State Prescribed Season. 4. We allow eastern coyote hunting from October 1 to March 31 annually. 5. If you harvest a bear, deer, or moose on the refuge, you must notify the refuge office in person or by phone within 24 hours and make the animal available for inspection by refuge personnel. 6. We prohibit construction or use of permanent tree stands, blinds, or ladders. 7. You must use only portable tree stands, blinds, and ladders. 8. You must clearly label any tree stand, blind, or ladder left on the refuge overnight with your name, address, phone number, and hunting license number. 9. You must remove all tree stands, blinds, and ladders from the refuge on the last day of the muzzleloader deer season (see §§ 27.93 and 27.94 of this chapter). 10. You may hunt black bear, eastern coyote, and white-tailed deer during the State archery and firearms deer seasons on that part of the Baring Division that lies east of State Route 191. 11. You may hunt black bear, bobcat, eastern coyote, moose, and white-tailed deer on the Edmunds Division and that part of the Baring Division that lies west of State Route 191. 12. You may only use a long, recurve, or compound bow to hunt during the archery deer season, and a muzzleloader to hunt during the deer muzzleloader season on that part of the refuge that lies east of Route 191. PO 00000 Frm 00024 Fmt 4701 Sfmt 4702 13. You must register with the refuge office prior to hunting black bear, bobcat, or eastern coyote with trailing dogs. 14. We prohibit hunting in the following areas: i. The South Magurrewock Area: The boundary of this area begins at the intersection of the Charlotte Road and U.S. Route 1; it follows the Charlotte Road in a southerly direction to a point just south of the fishing pier and observation blind, where it turns in an easterly direction, crossing the East Branch of the Magurrewock Stream, and proceeds in a northerly direction along the upland edge of the Upper and Middle Magurrewock Marshes to U.S. Route 1 where it follows Route 1 in a southerly direction to the point of origin. ii. The North Magurrewock Area: The boundary of this area begins where the northern exterior boundary of the refuge and Route 1 intersect; it follows the boundary line in a westerly direction to the railroad grade where it follows the main railroad grade and refuge boundary in a southwest direction to the upland edge of the Lower Barn Meadow Marsh; it then follows the upland edge of the marsh in a southerly direction to U.S. Route 1, where it follows Route 1 to the point of origin. iii. The posted safety zone around the refuge headquarters complex: The boundary of this area starts where the southerly edge of the Horse Pasture Field intersects with the Charlotte Road. The boundary follows the southern edge of the Horse Pasture Field, across the abandoned Maine Central Railroad grade, where it intersects with the North Fireline Road. It follows the North Fireline Road to a point near the northwest corner of the Lane Construction Tract. The line then proceeds along a cleared and marked trail in a northwesterly direction to the Barn Meadow Road. It proceeds south along the Barn Meadow Road to the intersection with the South Fireline Road, where it follows the South Fireline Road across the Headquarters Road to the intersection with the Mile Bridge Road. It then follows the Mile Bridge Road in a southerly direction to the intersection with the Lunn Road, then along the Lunn Road leaving the road in an easterly direction at the site of the old crossing, across the abandoned Maine Central Railroad grade to the Charlotte Road (directly across from the Moosehorn Ridge Road gate). The line follows the Charlotte Road in a northerly direction to the point of origin. iv. The Southern Gravel Pit: The boundary of this area starts at a point E:\FR\FM\12JYP2.SGM 12JYP2 40131 Federal Register / Vol. 70, No. 132 / Tuesday, July 12, 2005 / Proposed Rules where Cranberry Brook crosses the Charlotte Road and proceeds south along the Charlotte Road to the Barin/ Charlotte Town Line, east along the Town Line to a point where it intersects the railroad grade where it turns in a northerly direction, and follows the railroad grade to Cranberry Brook, following Cranbettery Brook in a westerly direction to the point of origin. * * * * * Rachel Carson National Wildlife Refuge A. Migratory Game Bird Hunting. We allow hunting of duck, goose, coot, woodcock, and snipe in accordance with State regulations on designated areas of the Brave Boat Harbor, Lower Wells, Upper Wells, Mousam River, Goose Rocks, and Spurwink River Divisions of the refuge subject to the following conditions: * * * * * 5. You may use seasonal blinds with a Special Use Permit. A permitted seasonal blind is available to permitted hunters on a first-come, first-served basis. The permit holder for the blind is responsible fore the removal of the blind at the end of the season and compliance with all conditions of the Special Use Permit. You must remove temporary blinds, decoys, and boats from the refuge each day (see §§ 27.93 and 27.94 of this chapter). 6. We open the refuge to hunting during the hours stipulated by State regulations but no longer than 1⁄2 hour before legal sunrise to 1⁄2 hour after legal sunset. We close the refuge to night hunting. You must unload all firearms (see § 27.42(b) of this chapter) outside of legal hunting hours. 7. We prohibit all-terrain vehicles (ATVs or OHRVs) (see § 27.31(f) of this chapter). 8. We close the Moody, Little River, Biddeford Pool, and Goosefare Brook divisions of the refuge to all migratory bird hunting. B. Upland Game Hunting. We allow hunting of pheasant and grouse on designated areas of the Brave Boat Harbor, Lower Wells, Upper Wells, Mousam River, Goose Rocks, Goosefare Brook, and Spurwink River division of the refuge in accordance with State regulations subject to the following conditions: 1. Conditions A1, A6, and A7 apply. 2. You may take pheasant and grouse by falconry during State seasons. 3. You may only possess approved nontoxic shot (see § 32.2(k)) while on the refuge. 4. We close the Moody, Little River, and Biddeford Pool division of the refuge to all upland game hunting. VerDate jul<14>2003 15:36 Jul 11, 2005 Jkt 205001 C. Big Game Hunting. * * * 1. Conditions A1, A6, and A7 apply. * * * * * 3. You must use only portable tree stands and ladders. We prohibit use of nails, screws, or bolts to attach tree stands and ladders to trees (see § 32.2(i)). You must remove tree stands and ladders from the refuge following each day (see §§ 27.93 and 27.94 of this chapter). * * * * * 5. We close the Moody and Biddeford Pool divisions of the refuge to whitetailed deer hunting. 6. We only allow archery on those areas of the Little River division open to hunting. 7. You may hunt fox and coyote with archery or shotgun during daylight hours of the State firearm deer season only. 8. Bow hunters with refuge permits may apply for the special ‘‘Wells Hunt’’. We must receive letters of interest by November 1 for consideration in a random drawing. Selected hunters must comply with regulations as set by the State. 9. You must report any deer harvested to the refuge office within 48 hours. D. Sport Fishing. We allow sport fishing along the shoreline on the following designated areas of the refuge in accordance with State regulations subject to the following conditions: 1. At the Brave Boat Harbor division on the north side (York) of the stream crossing under Route 103, beginning at Route 103 then downstream to the first railroad trestle. 2. At the Moody division on the north side of the Ogunquit River and downstream of Route 1, beginning at the refuge boundary then downstream a distance of 500 feet (150 m). 3. At the Moody division on the east side of Stevens Brook and downstream of Bourne Avenue, beginning at Bourne Avenue then downstream to where the refuge ends near Ocean Avenue. 4. At the Lower Wells division on the west side of the Webhannet River downstream of Mile Road, from Mile Road north to the first creek. 5. At the Upper Wells division on the south side of the Merriland River downstream of Skinner Mill Road, beginning at the refuge boundary and then east along the oxbow to the woods. 6. At the Mousam River division on the north side of the Mousam River downstream of Route 9, beginning at the refuge boundary and then east to a point opposite Great Hill Road. Access is from the Bridle Path along the first tidal creek. PO 00000 Frm 00025 Fmt 4701 Sfmt 4702 7. At the Goosefare Brook division on the south side of Goosefare Brook where it flows into the Atlantic Ocean. 8. At the Spurwink River division on the west side (Scarborough) of the Spurwink River upstream of Route 77, beginning at Route 77 and then upstream approximately 1,000 feet (300 m) to a point near the fork in the river. 9. You may launch boats from car top from legal sunrise to legal sunset at Brave Boat Harbor division on Chauncey Creek at the intersection of Cutts Island Road and Sea Point Road. 10. We allow car-top launching from legal sunrise to legal sunset at Spurwink River division on the upstream side of Route 77 at the old road crossing. 11. We allow fishing from legal sunrise to legal sunset. 12. We prohibit lead jigs and sinkers. 13. Anglers must attend their lines at all times. 14. We prohibit collection of bait on the refuge. Sunkhaze Meadows National Wildlife Refuge A. Migratory Game Bird Hunting. We allow hunting of migratory game birds on designated areas of the refuge in accordance with State regulations. B. Upland Game Hunting. We allow hunting of upland game on designated areas of the refuge in accordance with State regulations subject to the following condition: You may possess only approved nontoxic shot while in the field (see § 32.2(k)). C. Big Game Hunting. We allow hunting of deer, moose, and bear on designated areas of the refuge in accordance with State regulations subject to the following condition: You must wear, in a conspicuous manner on head, chest, and back a minimum of 400 square inches (2,600 cm2) of solidcolored hunter-orange clothing or material during firearms big game season. D. Sport Fishing. We allow sport fishing on the waters of and from the banks of Baker Brook, Birch Stream, Buzzy Brook, Dudley Brook, Johnson Brook, Little Birch Stream, Little Buzzy Brook, Sandy Stream, and Sunkhaze Stream. 17. Amend § 32.39 Maryland by revising Patuxent Research Refuge to read as follows: § 32.39 * Maryland. * * * * Patuxent Research Refuge A. Migratory Game Bird Hunting. We allow hunting of goose, duck, and dove on the North Tract in accordance with State regulations subject to the following conditions: E:\FR\FM\12JYP2.SGM 12JYP2 40132 Federal Register / Vol. 70, No. 132 / Tuesday, July 12, 2005 / Proposed Rules 1. We require a fee-hunting permit. 2. We require hunters age 17 and under to have a parent or guardian countersign to receive a hunting permit. An adult, age 21 or older, possessing a hunting permit, must accompany hunters age 16 and younger in the field. 3. You must check-in and out at the Hunter Control Station (HCS) and exchange your hunting permit for a daily hunting pass and a vehicle pass every time you enter or exit the refuge, including breaks, lunch, and dinner. 4. We restrict hunters to the selected area and activity until you check out at the HCS. 5. You must use established and maintained roads and not block traffic (see § 27.31(h) of this chapter). 6. We prohibit hunting on or across any road, within 50 yards (45 m) of a road, within 150 yards (135 m) of any occupied structure, or within 25 yards (22.5 m) from any designated ‘‘No Hunting’’ area. Only those with a State ‘‘Hunt from a Vehicle Permit’’ may hunt from the roadside at designated areas. 7. You must wear at least a fluorescent-orange hat or cap when walking from your vehicle to your hunting site. ‘‘Jump Shooters’’ must wear at least a fluorescent-orange hat or cap while hunting. If you stop and stand, you may replace the orange hat or cap with a camouflage one. 8. You may only carry one shotgun, 20 gauge or larger, in the field. We prohibit additional firearms. 9. We only allow the taking of Canada goose during the special September and late season for a resident Canada goose. 10. We prohibit hunting of goose, duck, or dove during the deer firearm seasons and the early deer muzzleloader seasons that occur in October. 11. We prohibit dove hunting during any deer muzzleloader or firearms seasons. 12. We require waterfowl hunters to use retrievers on any impounded waters. Retrievers must be of the traditional breeds, such as Chesapeake Bay, golden, Laborador, etc. 13. We require dogs to be under the immediate control of their owner at all times. Law enforcement officers may seize dogs running loose or unattended (see § 26.21(b) of this chapter). B. Upland Game Hunting. We allow hunting of turkey, bobwhite quail, grey squirrel, eastern cottontail rabbit, and woodchuck on the North Tract and turkey on the Central Tract in accordance with State regulations subject to the following conditions: 1. Conditions A1 and A6 apply. 2. You must wear a minimum of 400 square inches (2,600 cm2) of fluorescent orange on your head, chest, and back VerDate jul<14>2003 15:36 Jul 11, 2005 Jkt 205001 while hunting upland game except for turkey hunting. We encourage turkey hunters to wear fluorescent orange. 3. We prohibit hunting of upland game during the firearms and muzzleloader seasons. 4. We select turkey hunters by a computerized lottery for youth, disabled, mobility impaired, and general public hunts. We require documentation for disabled and mobility-impaired hunters. 5. We require each turkey hunter to attend a turkey clinic sponsored by the National Wild Turkey Federation. 6. We require turkey hunters to pattern their weapons prior to hunting. C. Big Game Hunting. We allow hunting of white-tailed deer in accordance with State regulations subject to the following conditions: 1. We require you to pass a proficiency test with each weapon that you desire to use prior to issuing you a hunting permit. 2. Conditions A1 through A6 apply. 3. You must wear a minimum of 400 square inches (2,600 cm2) of fluorescent orange on your head, chest, and back while hunting. Bow hunters must follow this requirement when moving to and from the deer stand and while tracking. We do not require bow hunters to wear the fluorescent orange when positioning to hunt except during the deer muzzleloader season. 4. We will extract a jaw from each deer harvested before leaving the refuge. 5. We publish the Refuge Hunting Regulations, which include the daily and yearly bag limits and hunting dates for the North, Central, and South Tracts, in July. We give hunters a copy of the regulations with your fee permit, and they must know the specific hunt seasons and regulations. 6. You must use portable tree stands equipped with a safety belt. You must wear the safety belt while in the tree stand. The stand must be at least 10 feet (3 m) off the ground. You must remove tree stands daily from the refuge (see § 27.93 of this chapter). Hunters must use deer stands to hunt the South and Central Tracts. (We will make limited accommodations for disabled hunters for Central Tract lottery hunts.) 7. We prohibit the firing of weapons after legal shooting hours, including the unloading of muzzleloaders. 8. We prohibit use of dogs to hunt or track wounded deer. 9. If you wish to track wounded deer beyond 11⁄2 hours after legal sunset, you must report in person to the HCS. If you are hunting on the refuge’s South or Central Tracts, you must call the HCS. The HCS manager will call a refuge law enforcement officer to gain consent to PO 00000 Frm 00026 Fmt 4701 Sfmt 4702 track. We prohibit tracking later than 21⁄2 hours after legal sunset. We may revoke your hunting privileges if you wound a deer and do not make a reasonable effort to retrieve it. This may include next-day tracking. 10. North Tract: We allow shotgun, muzzleloader, and bow hunting in accordance with the following conditions: i. Conditions C1 through C9 apply. 11. Central Tract: We allow shotgun and bow hunting in accordance with the following conditions: i. Conditions C1 through C9 apply. ii. We only allow bow hunters to hunt on the Schafer Farm. iii. We select Central Tract shotgun and bow hunters by a computerized lottery. You will be assigned a specific hunting location. iv. You must carry a flashlight, whistle, and a compass while hunting. 12. South Tract: We allow shotgun, muzzleloader, and bow hunting in accordance with the following regulations: i. Conditions C1 through C9 and C11iv apply. ii. You must access South Tract hunting areas A, B, and C off Springfield Road through the Old Beltsville Airport, and South Tract hunting area D off Maryland Route 197 through Gate #4 and park in designated parking areas. iii. We prohibit shooting into any open meadow or field area. iv. We prohibit parking along the National Wildlife Visitor Center road or in the visitor center parking lot. D. Sport Fishing. We allow sport fishing in accordance with State regulations subject to the following conditions: 1. We require a free refuge fishing permit, which you must carry with you at all times while fishing. Organized groups may request a group permit. The group leader must carry a copy of the permit and stay with the group at all times while fishing. 2. You may take one additional licensed adult or two youths age 15 or under to fish under your permit and in your presence. 3. You may only use earthworms for live bait. 4. We prohibit harvesting bait on the refuge. 5. You must attend all fishing lines. 6. We prohibit fishing from all bridges except the south side of Bailey Bridge. 7. You may take the following species: chain pickerel, catfish, golden shiner, eel, and sunfish (includes bluegill, black crappie, warmouth, and pumpkinseed). 8. You must catch and release all bass. 9. North Tract: We allow sport fishing in accordance with the following conditions: E:\FR\FM\12JYP2.SGM 12JYP2 Federal Register / Vol. 70, No. 132 / Tuesday, July 12, 2005 / Proposed Rules i. We allow sport fishing at Lake Allen, Rieve’s Pond, New Marsh, Cattail Pond, Bailey Bridge Pond, Bailey Bridge (south side), and Little Patuxent River (downstream only from Bailey’s Bridge). ii. Conditions D1 through D8 apply. iii. We require a free North Tract refuge access permit that you must possess and carry at all times. If you are age 17 or under, you must have a parent or guardian countersign to receive an access permit. A parent or legal guardian must accompany those anglers age 17 and under. iv. You may fish year-round at Lake Allen, New Marsh, Cattail Pond, Bailey Bridge Pond, Bailey Bridge (south side), and the Little Patuxent River (downstream only from Bailey Bridge) except during the white-tailed deer muzzleloader and shotgun seasons and the waterfowl hunting season. We also reserve the right to close Lake Allen at any time. v. You may fish at Rieve’s Pond from February 1 to August 31 and on Sundays from September 1 to January 31. vi. We allow wading, for fishing purposes only, downstream from Bailey Bridge on the Little Patuxent River. We prohibit wading in other bodies of water. vii. We prohibit the use of any type of watercraft. 10. South Tract: We allow sport fishing in accordance with the following conditions: i. Conditions D1 through D8 apply. ii. You must park your vehicle in the parking lot located behind Refuge Gate #8 off Maryland Route 197. iii. You must display your fishing permit on your vehicle dashboard. iv. We allow sport fishing at the pier and designated shorelines at Cash Lake. See Refuge Fishing Regulations for areas opened to fishing. We post other areas with ‘‘No fishing beyond this point’’. v. You may fish from mid-June until mid-October. vi. You may fish between the hours of 6 a.m. until legal sunset. We open refuge trails from legal sunrise until 5:30 p.m. daily. vii. We prohibit boat trailers. viii. You may use watercraft for fishing in accordance with the State boating laws subject to the following conditions: You may use car-top boats 14 feet (4.2 m) or less, canoes, kayaks, and inflatable boats. You may only use electric motors, 4 hp or less. We prohibit sailboats. 18. Amend § 32.40 Massachusetts by: a. Adding Assabet River National Wildlife Refuge; b. Adding Great Meadows National Wildlife Refuge; and VerDate jul<14>2003 15:36 Jul 11, 2005 Jkt 205001 c. Revising Oxbow National Wildlife Refuge to read as follows: § 32.40 * Massachusetts. * * * * Assabet River National Wildlife Refuge A. Migratory Game Bird Hunting. We allow hunting of woodcock on designated portions of the refuge in accordance with State regulations subject to the following conditions: 1. We allow woodcock hunting within the portions of the refuge located north of Hudson Road, except those areas north of Hudson Road that are designated as ‘‘archery only’’ hunting on the current refuge hunting map. These archery only hunting areas north of Hudson Road are those portions of the refuge that are external to Patrol Road from its southerly intersection with White Pond Road, northwesterly and then easterly, to its intersection with Old Marlborough Road. 2. We require refuge permits. 3. You must possess and carry all applicable hunting licenses, permits, stamps, and a photographic identification while hunting on the refuge. 4. We prohibit use of motorized vehicles on the refuge. 5. During any season when it is legal to hunt deer with a shotgun or muzzleloader, we require all hunters to wear a minimum of 500 square inches (3,250 cm2) of solid-orange clothing or material in a conspicuous manner on their chest, back, and head. During all other times, if you are engaged in woodcock hunting on the refuge, you must wear a minimum of a solid-orange hat. 6. We prohibit the use of electronic calls during any hunting season. 7. We prohibit trimming or cutting of branches larger than the diameter of a quarter (see § 27.61 of this chapter). 8. We prohibit the marking any tree or other refuge feature with flagging, paint, reflective material, or any other substance (see § 27.61 of this chapter). 9. You may scout hunting areas on the refuge once you have obtained a refuge permit. Scouting may begin no earlier than 1 month from the opening day of the hunting season. We prohibit the use of dogs during scouting. 10. We allow hunters to enter the refuge 11⁄2 hours before legal hunting hours, and they must leave the refuge no later than 11⁄2 hours after legal sunset. 11. For seasons wherein State regulations allow use of dogs, we allow no more than two dogs per hunting party. We prohibit the training of dogs on the refuge. B. Upland Game Hunting. We allow upland game hunting on designated PO 00000 Frm 00027 Fmt 4701 Sfmt 4702 40133 areas of the refuge in accordance with State regulations subject to the following conditions: 1. We allow shotgun hunting for ruffed grouse, cottontail rabbit, and gray squirrel within those portions of the refuge located north of Hudson Road, except those areas north of Hudson Road designated as ‘‘archery only’’ hunting on the current refuge hunting map. These archery only hunting areas north of Hudson Road are those portions of the refuge that are external to Patrol Road from its southerly intersection with White Pond Road, northwesterly and then easterly, to its intersection with Old Marlborough Road. 2. Conditions A2, A3, A4, A6, A7, A8, A9, A10, and A11 apply. 3. You may possess only approved nontoxic shot while in the field (see § 32.2(k)). 4. We prohibit construction or use of any permanent structure while hunting on the refuge. You must remove all temporary blinds each day (see §§ 27.93 and 27.94 of this chapter). 5. During seasons when it is legal to hunt deer with a shotgun or muzzleloader, we require all hunters, including archers and small game hunters, to wear a minimum of 500 square inches (3,250 cm2) of solidorange clothing or material in a conspicuous manner on their chest, back, and head. During all other times, if you are engaged in ruffed grouse, squirrel, or cottontail rabbit hunting on the refuge, you must wear a minimum of a solid-orange hat. C. Big Game Hunting. We allow hunting of white-tailed deer and turkey on designated areas of the refuge in accordance with State regulations subject to the following conditions: 1. We allow shotgun and muzzleloader hunting of white-tailed deer, as well as shotgun hunting of turkey, within the portions of the refuge located north of Hudson Road, except those areas north of Hudson Road that are designated as ‘‘archery only’’ hunting on the current refuge hunting map. These archery only hunting areas north of Hudson Road are those portions of the refuge that are external to Patrol Road from its southerly intersection with White Pond Road, northwesterly and then easterly, to its intersection with Old Marlborough Road. 2. We allow archery deer and archery turkey hunting within all portions of the refuge during the hunting seasons for these species. 3. We require refuge permits. We limit the numbers of deer and turkey hunters allowed to hunt on the refuge. If the number of applications received to hunt these species is greater than the number E:\FR\FM\12JYP2.SGM 12JYP2 40134 Federal Register / Vol. 70, No. 132 / Tuesday, July 12, 2005 / Proposed Rules of permits available, we will issue permits by random selection. 4. Conditions A3, A4, A6, A7, A8, A9, and A10 apply. 5. During seasons when it is legal to hunt deer with a shotgun or muzzleloader, we require all hunters, including archers and small game hunters, to wear a minimum of 500 square inches (3,250 cm2) of solidorange clothing or material in a conspicuous manner on their chest, back, and head. 6. You may use decoys to hunt turkey. 7. We prohibit driving deer by any means on the refuge. 8. We prohibit construction or use of permanent structures while hunting. We prohibit driving a nail, spike, screw, or other metal object into any tree or hunting from any tree into which a nail, spike, screw, or other object has been driven (see § 32.2(i)). 9. You may use temporary tree stands while engaged in hunting deer during the applicable archery, shotgun, or muzzleloader deer seasons. You must remove all stands or any blinds by legal sunset each day (see §§ 27.93 and 27.94 of this chapter). We require all tree stands to have the name and address of the owner clearly printed on the stand. 10. We prohibit possession of buckshot while hunting during any season on the refuge. D. Sport Fishing. We allow sport fishing in Puffer Pond in accordance with State regulations subject to the following conditions: 1. We allow fishing from nonmotorized canoes and car-top boats, as well as from designated locations on the banks of Puffer Pond. We prohibit the use of trailers to launch or retrieve canoes or boats on the refuge. 2. We allow catch and release fishing only. 3. We prohibit the use of live bait. 4. We prohibit lead sinkers. 5. We prohibit taking of frogs or turtles on the refuge (see § 27.21 of this chapter). 6. You may fish on Puffer Pond from 1⁄2 hour before legal sunrise to 1⁄2 hour after legal sunset. 7. We prohibit night fishing or ice fishing on the refuge. 8. We prohibit open fires anywhere on the refuge. Great Meadows National Wildlife Refuge A. Migratory Game Bird Hunting. We allow hunting of waterfowl on designated areas of the refuge in accordance with State regulations subject to the following conditions: 1. We require refuge permits. We limit the numbers of waterfowl hunters VerDate jul<14>2003 15:36 Jul 11, 2005 Jkt 205001 allowed to hunt on the refuge. If the number of applications received to hunt waterfowl is greater than the number of permits available, we will issue permits by random selection. 2. We will provide waterfowl hunters maps showing the portions of the refuge designated as open. 3. You must possess and carry all applicable hunting licenses, permits, stamps, and a photographic identification while hunting on the refuge. 4. We prohibit construction or use of any permanent structure while hunting on the refuge. You must remove all temporary blinds by legal sunset each day (see §§ 27.93 and 27.94 of this chapter). 5. We prohibit use of motorized vehicles on the refuge. 6. Except while hunting waterfowl from a blind or from a boat, you must wear a minimum of 500 square inches (3,250 cm2) of solid-orange clothing or material in a conspicuous manner on your chest, back, and head during any season when it is legal to hunt deer with a shotgun or muzzleloader. 7. We prohibit the use of electronic calls during any hunting season. 8. We prohibit trimming or cutting of branches larger than the diameter of a quarter (see § 27.61 of this chapter). 9. We prohibit the marking of any tree or other refuge feature with flagging, paint, reflective material or any other substance (see § 27.61 of this chapter). 10. You may scout hunting areas on the refuge once you have obtained a refuge permit. Scouting may begin no earlier than 1 month from the opening day of the hunting season. We prohibit the use of dogs during scouting. 11. We allow hunters to enter the refuge 11⁄2 hours before legal hunting hours, and they must leave the refuge no later than 11⁄2 hours after legal sunset. 12. We allow no more than two dogs per hunting party. We prohibit the training of dogs on the refuge. B. Upland Game Hunting. [Reserved.] C. Big Game Hunting. We allow archery hunting of whitetail deer on designated areas of the refuge in accordance with State regulations subject to the following conditions: 1. We allow archery hunting of whitetail deer within the portions of the Concord Unit of the refuge that are located north of Massachusetts Route 225. We also allow archery hunting of whitetail deer within the portions of the Sudbury Unit of the refuge that are located north of Stonebridge Road in Wayland, Massachusetts and south of Lincoln Road/Sherman’s Bridge Road on the Sudbury and Wayland Town Line. PO 00000 Frm 00028 Fmt 4701 Sfmt 4702 2. We prohibit the use of firearms for hunting deer on the refuge. However, you may archery hunt in the portions of the refuge that are open for deer hunting during the archery, shotgun, and muzzleloader seasons established by the State. 3. We require refuge permits. We limit the numbers of deer hunters allowed to hunt on the refuge. If the number of applications received to hunt deer on the refuge is greater than the number of permits available, we will issue permits by random selection. 4. Conditions A3, A5, A7, A8, A9, A11, and A12 apply. 5. During seasons when it is legal to hunt deer with a shotgun or muzzleloader, we require all hunters, including archers and small game hunters, to wear a minimum of 500 square inches (3,250 cm2) of solidorange clothing or material in a conspicuous manner on their chest, back, and head. 6. We prohibit the use of decoys to hunt deer on the refuge. 7. We prohibit driving deer by any means on the refuge. 8. We prohibit construction or use of permanent structures while hunting. We prohibit driving nails, spikes, screws, or other metal object into any tree or hunting from any tree in which a nail, spike, screw, or other object has been driven (see § 32.2(i)). 9. You may use temporary tree stands while engaged in hunting deer. You must remove all stands or any blinds by legal sunset (see §§ 27.93 and 27.94 of this chapter). We require all tree stands to have the name and address of the owner clearly printed on the stand. D. Sport Fishing. We allow sport fishing in designated areas of the refuge in accordance with State regulations subject to the following condition: We allow fishing along the main channels of the Concord and Sudbury Rivers and from designated banks of Heard Pond. We limit access to Heard Pond to foot traffic only. * * * * * Oxbow National Wildlife Refuge A. Hunting of Migratory Game Birds. We allow hunting of waterfowl, woodcock, and common snipe on designated areas of the refuge in accordance with State regulations subject to the following conditions: 1. We allow waterfowl and common snipe hunting within the portions of the refuge located south of Massachusetts Route 2 and west of the B&M railroad tracks. 2. We allow woodcock hunting within the portions of the refuge south of Massachusetts Route 2 and west of the E:\FR\FM\12JYP2.SGM 12JYP2 Federal Register / Vol. 70, No. 132 / Tuesday, July 12, 2005 / Proposed Rules B&M railroad tracks; north of Massachusetts Route 2 and south of Hospital Road; as well as within the portions of the refuge along the westerly side of the Nashua River located north of the commuter rail tracks in Shirley, Massachusetts. 3. We require refuge permits. We limit the numbers of waterfowl hunters allowed to hunt on the refuge. If the number of applications received to hunt waterfowl is greater than the number of permits available, we will issue permits by random selection. 4. You must possess and carry all applicable hunting licenses, permits, stamps, and a photographic identification while hunting on the refuge. 5. We prohibit construction or use of any permanent structure while hunting on the refuge. You must remove all temporary blinds each day (see §§ 27.93 and 27.94 of this chapter). 6. We prohibit use of motorized vehicles on the refuge. 7. With the exception of waterfowl hunters hunting within a blind or from a boat, during any season when it is legal to hunt deer with a shotgun or muzzleloader, we require all hunters to wear a minimum of 500 square inches (3,250 cm2) of solid-orange clothing or material in a conspicuous manner on their chest, back, and head. During all other times, if you are engaged in woodcock hunting on the refuge, you must wear a minimum of a solid-orange hat. 8. We prohibit the use of electronic calls during any hunting season. 9. We prohibit trimming or cutting of branches larger than the diameter of a quarter (see § 27.51 of this chapter). 10. We prohibit the marking of any tree or other refuge feature with flagging, paint, reflective material, or any other substance (see § 27.51 of this chapter). 11. You may scout hunting areas on the refuge once you have obtained a refuge permit. Scouting may begin no earlier than 1 month from the opening day of the hunting season. We prohibit the use of dogs during scouting. 12. We allow hunters to enter the refuge 11⁄2 hours before legal hunting hours, and they must leave the refuge no later than 11⁄2 hours after legal sunset. 13. For seasons wherein State regulations allow use of dogs, we allow no more than two dogs per hunting party. We prohibit the training of dogs on the refuge. B. Upland Game Hunting. We allow upland game hunting on designated areas of the refuge in accordance with State regulations subject to the following conditions: VerDate jul<14>2003 15:36 Jul 11, 2005 Jkt 205001 1. We allow shotgun hunting of ruffed grouse, cottontail rabbit, and gray squirrels within the areas of the refuge located south of Massachusetts Route 2 and west of the B&M railroad tracks; north of Massachusetts Route 2 and south of Hospital Road; and, within the portions of the refuge along the westerly side of the Nashua River located north of the commuter rail tracks in Shirley, Massachusetts, subject to the following conditions: 2. We require refuge permits. 3. You may possess only approved nontoxic shot while in the field (see § 32.2(k)). 4. Conditions A4, A5, A6, A8, A9, A10, A11, A12, and A13 apply. 5. With the exception of waterfowl hunters hunting within a blind or from a boat, during seasons when it is legal to hunt deer with a shotgun or muzzleloader, we require all hunters, including archers and small game hunters, to wear a minimum of 500 square inches (3,250 cm2) of solidorange clothing or material in a conspicuous manner on their chest, back, and head. During all other times, if you are engaged in ruffed grouse, squirrel, or cottontail rabbit hunting on the refuge, you must wear a minimum of a solid-orange hat. C. Big Game Hunting. We allow hunting of white-tailed deer and turkey on designated areas of the refuge in accordance with State regulations subject to the following conditions: 1. We allow shotgun, archery, and muzzleloader hunting of white-tailed deer, as well as shotgun and archery hunting of turkey, within the portions of the refuge located south of Massachusetts Route 2 and west of the B&M railroad tracks. 2. We allow archery deer and archery turkey hunting within the portions of the refuge located south of Massachusetts Route 2 and east of the B&M railroad tracks, as well as within the portions of the refuge along the easterly side of the Nashua River located north of the commuter rail tracks in Ayer, Massachusetts. 3. We allow archery deer hunting as well as shotgun and archery turkey hunting within the portions of the refuge located north of Massachusetts Route 2 and south of Hospital Road; and, within the portions of the refuge along the westerly side of the Nashua River located north of the commuter rail tracks in Shirley, MA. 4. We require refuge permits. We limit the numbers of deer and turkey hunters allowed to hunt on the refuge. If the number of applications received to hunt these species is greater than the number PO 00000 Frm 00029 Fmt 4701 Sfmt 4702 40135 of permits available, we will issue permits by random selection. 5. Conditions A4, A6, A8, A9, A10, A11, and A12 apply. 6. With the exception of waterfowl hunters hunting within a blind or from a boat, during seasons when it is legal to hunt deer with a shotgun or muzzleloader, we require all hunters, including archers and small game hunters, to wear a minimum of 500 square inches (3,250 cm2) of solidorange clothing or material in a conspicuous manner on their chest, back, and head. 7. Hunters may only use decoys to hunt turkey. 8. We prohibit driving deer by any means on the refuge. 9. We prohibit construction or use of permanent structures while hunting. You may not drive nails, spikes, screws or other metal object into any tree or hunt from any tree in which a nail, spike, screw or other object has been driven (see § 32.2(i)). 10. You may use temporary tree stands while engaged in hunting deer during the applicable archery, shotgun, or muzzleloader deer seasons. You must remove all stands or any blinds by legal sunset (see §§ 27.93 and 27.94 of this chapter). We require all tree stands to have the name and address of the owner clearly printed on the stand. 11. We prohibit possession of buckshot while hunting during any season on the refuge. D. Sport Fishing. We allow sport fishing along the banks of the Nashua River in accordance with State regulations. * * * * * 19. Amend § 32.42 Minnesota by: a. Revising paragraph C. of Agassiz National Wildlife Refuge; b. Revising the introductory text of paragraph B., adding paragraphs B.4. and B.5. and revising paragraph C. of Big Stone National Wildlife Refuge; c. Adding Big Stone Wetland Management District; d. Revising Detroit Lakes Wetland Management District; e. Revising paragraph A.3., adding paragraphs A.4. through A.6., revising paragraph B., adding paragraph C.3., and revising paragraph D.1. of Fergus Falls Wetland Management District; f. Adding Glacial Ridge National Wildlife Refuge; g. Adding paragraph A.5., revising paragraph B., and adding paragraphs C.3. and D.3. of Litchfield Wetland Management District; h. Revising paragraph A., and adding paragraphs B.4. and C.7. of Minnesota Valley National Wildlife Refuge; E:\FR\FM\12JYP2.SGM 12JYP2 40136 Federal Register / Vol. 70, No. 132 / Tuesday, July 12, 2005 / Proposed Rules i. Adding Minnesota Valley Wetland Management District; j. Revising paragraph A.3., adding paragraph A.4., revising paragraph B., adding paragraph C.3., and revising paragraph D.1. of Morris Wetland Management District; k. Adding paragraphs A.4. and A.5., revising paragraph B.2., and adding paragraphs B.4., C.4. and D. of Northern Tallgrass Prairie National Wildlife Refuge; l. Adding paragraphs A.2. through A.4., B.3., C.5., and D.4. of Rice Lake National Wildlife Refuge; m. Adding paragraph C.5. and revising paragraph D. of Rydell National Wildlife Refuge; n. Revising the introductory text of paragraphs A., B., and C., revising paragraph A.4., and adding paragraphs A.6., A.7., B.3., C.5., and C.6. of Sherburne National Wildlife Refuge; o. Revising the introductory text of paragraphs A., B., and C., revising paragraph A.2., and adding paragraphs A.3., A.4., B.5., C.4., D.5., and D.6. of Tamarac National Wildlife Refuge; and p. Revising paragraphs A., C., and D. of Windom Wetland Management District to read as follows: § 32.42 * Minnesota. * * * Big Stone Wetland Management District * Agassiz National Wildlife Refuge * * * * * C. Big Game Hunting. We allow hunting of white-tailed deer and moose on designated areas of the refuge in accordance with State regulations subject to the following conditions: 1. Hunters may use portable stands. Hunters may not construct or use permanent blinds, permanent platforms, or permanent ladders. 2. You must remove all stands and personal property from the refuge by legal sunset each day (see §§ 27.93 and 27.94 of this chapter). 3. We prohibit hunters occupying ground and tree stands that are illegally set up or constructed. 4. We prohibit the use of snowmobiles and ATVs. 5. We allow the use of wheeled, nonmotorized conveyance devices (i.e., bikes, retrieval carts) except in the Wilderness Area. 6. We allow the use of nonmotorized boats and canoes. 7. We prohibit entry into the ‘‘Closed Areas’’. 8. We prohibit camping. * * * * * Big Stone National Wildlife Refuge * * * * * B. Upland Game Hunting. We allow hunting of partridge, pheasant, wild VerDate jul<14>2003 15:36 Jul 11, 2005 turkey, gray and fox squirrel, cottontail and jack rabbit, red and gray fox, raccoon, and striped skunk on designated areas of the refuge in accordance with State regulations subject to the following conditions: * * * * * 4. We allow the use of hunting dogs, provided the dog is under the immediate control of the hunter at all times during the State-approved hunting season (see § 26.21(b) of this chapter). 5. We prohibit camping. C. Big Game Hunting. We allow hunting of white-tailed deer on designated areas of the refuge in accordance with State regulations subject to the following conditions: 1. Hunters may use portable stands. Hunters may not construct or use permanent blinds, permanent platforms, or permanent ladders. 2. You must remove all stands and personal property from the refuge by legal sunset each day (see §§ 27.93 and 27.94 of this chapter). 3. We prohibit hunters occupying ground and tree stands that are illegally set up or constructed. 4. We prohibit camping. * * * * * Jkt 205001 A. Migratory Game Bird Hunting. We allow hunting of migratory game birds throughout the district in accordance with State regulations subject to the following conditions: 1. We prohibit the use of motorized boats. 2. We prohibit the construction or use of permanent blinds, stands, or scaffolds. 3. You must remove all personal property, which includes boats, decoys, and blinds brought onto the WPA each day (see §§ 27.93 and 27.94 of this chapter). 4. We allow the use of hunting dogs, provided the dog is under the immediate control of the hunter at all times during the State-approved hunting season (see § 26.21(b) of this chapter). 5. We prohibit camping. B. Upland Game Hunting. We allow upland game hunting throughout the district in accordance with State regulations subject to the following conditions: Conditions A4 and A5 apply. C. Big Game Hunting. We allow big game hunting throughout the district in accordance with State regulations subject to the following conditions: 1. Hunters may use portable stands. Hunters may not construct or use permanent blinds, permanent platforms, or permanent ladders. PO 00000 Frm 00030 Fmt 4701 Sfmt 4702 2. You must remove all stands and personal property from the WPAs each day (see §§ 27.93 and 27.94 of this chapter). 3. We prohibit hunters occupying ground and tree stands that are illegally set up or constructed. 4. Condition A5 applies. D. Sport Fishing. We allow fishing throughout the district in accordance with State regulations subject to the following conditions: 1. We prohibit the use of motorized boats. 2. You must remove all ice fishing shelters and all other personal property from the WPAs each day (see § 27.93 of this chapter). 3. Condition A5 applies. Detroit Lakes Wetland Management District A. Migratory Game Bird Hunting. We allow hunting of migratory game birds throughout the district in accordance with State regulations, except that we prohibit hunting on the Headquarters Waterfowl Production Area (WPA) in Becker County, the Hitterdal WPA in Clay County, and the McIntosh WPA in Polk County. The following conditions apply: 1. We prohibit the use of motorized boats. 2. We prohibit the construction or use of permanent blinds, stands, or scaffolds (see §§ 27.93 and 27.94 of this chapter). 3. You must remove all personal property, which includes boats, decoys, and blinds brought onto the WPAs each day (see §§ 27.93 and 27.94 of this chapter). 4. We allow the use of hunting dogs, provided the dog is under the immediate control of the hunter at all times during the State-approved hunting season. 5. We prohibit camping. B. Upland Game Hunting. We allow upland game hunting in accordance with State regulations throughout the district (except that we allow no hunting on the Headquarters Waterfowl Production Area (WPA) in Becker County, the Hitterdal WPA in Clay County, and the McIntosh WPA in Polk County) subject to the following conditions: Conditions A4 and A5 apply. C. Big Game Hunting. We allow big game hunting in accordance with State regulations throughout the district, except that we prohibit hunting on the Headquarters Waterfowl Production Area (WPA) in Becker County, the Hitterdal WPA in Clay County, and the McIntosh WPA in Polk County. The following conditions apply: 1. Hunters may use portable stands. Hunters may not construct or use E:\FR\FM\12JYP2.SGM 12JYP2 Federal Register / Vol. 70, No. 132 / Tuesday, July 12, 2005 / Proposed Rules permanent blinds, permanent platforms, or permanent ladders. 2. You must remove all stands and personal property from the WPAs each day (see §§ 27.93 and 27.94 of this chapter). 3. We prohibit hunters occupying ground and tree stands that are illegally set up or constructed. 4. Condition A5 applies. D. Sport Fishing. We allow fishing in accordance with State regulations throughout the district subject to the following conditions: 1. You must remove all ice fishing shelters and all other personal property from the WPAs each day (see § 27.93 of this chapter). 2. Condition A5 applies. Fergus Falls Wetland Management District A. Migratory Game Bird Hunting. * * * * * * * * 3. During the State-approved hunting season, we allow the use of hunting dogs, provided the dog is under the immediate control of the hunter at all times (see § 26.21(b) of this chapter). 4. We prohibit the construction or use of permanent blinds, stands, or scaffolds (see §§ 27.93 and 27.94 of this chapter). 5. We prohibit hunters occupying ground and tree stands that are illegally set up or constructed. 6. We prohibit camping. B. Upland Game Hunting. We allow upland game hunting throughout the district (except that we prohibit hunting on the Townsend, Headquarters, Mavis, and Gilmore WPAs in Otter Tail County, and Larson WPA in Douglas County) in accordance with State regulations subject to the following conditions: Conditions A3 and A6 apply. C. Big Game Hunting. * * * * * * * * 3. Condition A6 applies. D. Sport Fishing. * * * 1. Conditions A1 and A6 apply. Glacial Ridge National Wildlife Refuge A. Migratory Game Bird Hunting. We allow hunting of goose, duck, coot, woodcock, snipe, rail, and mourning dove on designated areas of the refuge in accordance with State regulations subject to the following conditions: 1. We prohibit all types of watercraft. 2. We restrict vehicles to designated parking lots (see § 27.31 of this chapter). B. Upland Game Hunting. We allow hunting of prairie chicken and sharptailed grouse on designated areas of the refuge in accordance with State regulations subject to the following conditions: VerDate jul<14>2003 15:36 Jul 11, 2005 Jkt 205001 1. Only those hunters selected by the Minnesota Department of Natural Resources to hunt prairie chicken may hunt sharp-tailed grouse. 2. Condition A2 applies. C. Big Game Hunting. We allow hunting of white-tailed deer on designated areas of the refuge in accordance with State regulations subject to the following conditions: 1. You must remove all stands from the refuge at the end of each day’s hunt. 3. Condition A2 applies. D. Sport Fishing. [Reserved] Litchfield Wetland Management District A. Migratory Game Bird Hunting. * * * * * * * * 5. We prohibit camping. B. Upland Game Hunting. We allow upland game hunting throughout the district (except we prohibit hunting on the Phare Lake Waterfowl Production Area in Renville County) in accordance with State regulations subject to the following conditions: Conditions A4 and A5 apply. C. Big Game Hunting. * * * * * * * * 3. Condition A5 applies. D. Sport Fishing. * * * * * * * * 3. Condition A5 applies. Minnesota Valley National Wildlife Refuge A. Migratory Game Bird Hunting. We allow hunting of goose, duck, and coot on designated areas of the refuge in accordance with State regulations subject to the following conditions: 1. We require permit for special hunts. 2. We prohibit the use of motorized boats. 3. We prohibit the construction or use of permanent blinds, stands, or scaffolds. 4. You must remove all personal property, which includes boats, decoys, and blinds brought onto the refuge each day (see §§ 27.93 and 27.94 of this chapter). 5. We allow the use of hunting dogs, provided the dog is under the immediate control of the hunter at all times during the State-approved hunting season. 6. We prohibit entry to hunting areas earlier than 2 hours before legal shooting hours. 7. We prohibit camping. B. Upland Game Hunting. * * * * * * * * 4. Conditions A5 and A7 apply. C. Big Game Hunting. * * * * * * * * PO 00000 Frm 00031 Fmt 4701 Sfmt 4702 * 40137 7. Conditions A6 and A7 apply. * * * * Minnesota Valley Wetland Management District A. Migratory Game Bird Hunting. We allow hunting of migratory game birds throughout the district in accordance with State regulations subject to the following conditions: 1. We prohibit the use of motorized boats. 2. We prohibit the construct or use of permanent blinds, stands, or scaffolds. 3. You must remove all personal property, which includes boats, decoys, and blinds brought onto the WPAs each day (see §§ 27.93 and 27.94 of this chapter). 4. We allow the use of hunting dogs, provided the dog is under the immediate control of the hunter at all times during the State-approved hunting season (see § 26.21(b) of this chapter). 5. We prohibit camping. B. Upland Game Hunting. We allow upland game hunting throughout the district in accordance with State regulations subject to the following conditions: Conditions A4 and A5 apply. C. Big Game Hunting. We allow big game hunting throughout the district in accordance with State regulations subject to the following conditions: 1. Hunters may use portable stands. Hunters may not construct or use permanent blinds, permanent platforms, or permanent ladders. 2. Hunters may not possess single shot projectiles (shotgun slugs or bullets) on the Soberg Waterfowl Production Area. 3. You must remove all stands and personal property from the WPAs at the end of each day (see §§ 27.93 and 27.94 of this chapter). 4. We prohibit hunters occupying ground and tree stands that are illegally set up or constructed. 5. Condition A5 applies. D. Sport Fishing. We allow sport fishing throughout the district in accordance with State regulations subject to the following conditions: 1. Conditions A1 and A5 apply. 2. You must remove all ice fishing shelters and all other personal property from the WPAs each day (see §§ 27.93 and 27.94 of this chapter). Morris Wetland Management District A. Migratory Game Bird Hunting.* * * * * * * * 3. We allow the use of hunting dogs, provided the dog is under the immediate control of the hunter at all E:\FR\FM\12JYP2.SGM 12JYP2 40138 Federal Register / Vol. 70, No. 132 / Tuesday, July 12, 2005 / Proposed Rules times during the State-approved hunting season (see § 26.21(b) of this chapter). 4. We prohibit camping. B. Upland Game Hunting. We allow hunting of upland game, except that we prohibit hunting on the designated portions of the Edward-Long Lake Waterfowl Production Area in Stevens County, in accordance with State regulations subject to the following conditions: Conditions A3 and A4 apply. C. Big Game Hunting. * * * * * * * * 3. Condition A4 applies. D. Sport Fishing. * * * 1. Conditions A1 and A4 apply. * * * * * Northern Tallgrass Prairie National Wildlife Refuge A. Migratory Game Bird Hunting. * * * * * * * * 4. We allow the use of hunting dogs, provided the dog is under the immediate control of the hunter at all times during the State-approved hunting season (see § 26.21(b) of this chapter). 5. We prohibit camping. B. Upland Game Hunting. * * * * * * * * 2. We prohibit the use of dogs for hunting furbearers. We allow the use of hunting dogs, provided the dog is under the immediate control of the hunter at all times during the State-approved hunting season (see § 26.21(b) of this chapter). * * * * * 4. Condition A5 applies. C. Big Game Hunting. * * * * * * * * 4. Condition A5 applies. D. Sport Fishing. [Reserved] Rice Lake National Wildlife Refuge A. Migratory Game Bird Hunting. * * * * * * * * 2. We require that the visible portion of at least one article of clothing worn above the waist be blaze orange. 3. We allow the use of hunting dogs, provided the dog is under the immediate control of the hunter at all times during the State-approved hunting season (see § 26.21(b) of this chapter). 4. We prohibit camping. B. Upland Game Hunting. * * * * * * * * 3. Conditions A3 and A4 apply. C. Big Game Hunting. * * * * * * * * 5. Condition A4 applies. D. Sport Fishing. * * * * * * * * VerDate jul<14>2003 15:36 Jul 11, 2005 Jkt 205001 4. Condition A4 applies. Rydell National Wildlife Refuge * * * * * C. Big Game Hunting. * * * * * * * * 5. We prohibit camping. D. Sport Fishing. We allow sport fishing on Tamarac Lake in accordance with State regulations subject to the following conditions: 1. We only allow fishing from designated fishing piers. 2. We allow fishing from May 1 to November 1. 3. We allow parking at designated parking lots only (see § 27.31 of this chapter). 4. Condition C5 applies. Sherburne National Wildlife Refuge A. Migratory Game Bird Hunting. We allow hunting of goose, duck, coot, rail, woodcock, and snipe on designated areas of the refuge in accordance with State regulations subject to the following conditions: * * * * * 4. We prohibit entry to hunting areas earlier than 2 hours before legal shooting ours. * * * * * 6. We allow the use of hunting dogs, provided the dog is under the immediate control of the hunter at all times, during the State-approved hunting season (see § 26.21(b) of this chapter). 7. We prohibit camping. B. Upland Game Hunting. We allow hunting of ruffed grouse, ring-necked pheasant, gray and fox squirrel, snowshoe hare, cottontail rabbit, and jackrabbit on designated areas of the refuge in accordance with State regulations subject to the following conditions: * * * * * 3. Conditions A6 and A7 apply. C. Big Game Hunting. We allow hunting of white-tailed deer on designated areas of the refuge in accordance with State regulation subject to the following conditions: * * * * * 5. We prohibit deer pushes or deer drives in the areas closed to deer hunting. 6. Conditions A4 and A7 apply. * * * * * Tamarac National Wildlife Refuge A. Migratory Game Bird Hunting. We allow the hunting of goose, duck, coot, woodcock, and snipe on designated areas of the refuge in accordance with State regulations subject to the following conditions: * * * * * PO 00000 Frm 00032 Fmt 4701 Sfmt 4702 2. You must remove all personal property, which includes boats, decoys, and blinds brought onto the refuge each day (see §§ 27.93 and 27.94 of this chapter). 3. We allow the use of hunting dogs, provided the dog is under the immediate control of the hunter at all times, during the State-approved hunting season (see § 26.21(b) of this chapter). 4. We prohibit camping. B. Upland Game Hunting. We allow hunting of ruffed grouse, red, gray, and fox squirrel, cottontail rabbit, jackrabbit, snowshoe hare, red fox, raccoon, and striped skunk on designated areas of the refuge in accordance with State regulations subject to the following conditions: * * * * * 5. Conditions A3 and A4 apply. C. Big Game Hunting. We allow hunting of white-tailed deer on designated areas of the refuge in accordance with State regulations subject to the following conditions: * * * * * 4. Condition A4 applies. D. Sport Fishing. * * * * * * * * 5. You must remove all ice fishing shelters and all other personal property from the refuge each day (see §§ 27.93 and 27.94 of this chapter). 6. Condition A4 applies. * * * * * Windom Wetland Management District A. Migratory Game Bird Hunting. We allow hunting of migratory game birds throughout the district in accordance with State regulations subject to the following conditions: 1. We prohibit hunting on the Worthington Waterfowl Production Area (WPA) in Nobles County, or designated portions of the Wolf Lake WPA in Cottonwood County. 2. We prohibit the use of motorized boats. 3. You must remove all personal property, which includes boats, decoys, and blinds brought onto the WPAs at the end of each day (see §§ 27.93 and 27.94 of this chapter). 4. We allow the use of hunting dogs, provided the dog is under the immediate control of the hunter at all times during the State-approved hunting season (see § 26.21(b) of this chapter). 5. We prohibit camping. * * * * * C. Big Game Hunting. We allow hunting of big game throughout the district in accordance with State regulations subject to the following conditions: E:\FR\FM\12JYP2.SGM 12JYP2 Federal Register / Vol. 70, No. 132 / Tuesday, July 12, 2005 / Proposed Rules 1. We prohibit hunting on the Worthington WPA in Nobles County, Headquarters WPA in Jackson County, and designated portions of the Wolf Lake WPA in Cottonwood County. 2. We allow the use of portable stands. Hunters may not construct or use permanent blinds, permanent platforms, or permanent ladders. 3. You must remove all stands and personal property from the WPAs at the end of each day (see §§ 27.93 and 27.94 of this chapter). 4. We prohibit hunters occupying ground and tree stands that are illegally set up or constructed. D. Sport Fishing. We allow fishing throughout the district in accordance with State regulations subject to the following conditions: 1. Conditions A2 and A5 apply. 2. You must remove all ice fishing shelters and other personal property from the WPAs each day (see § 27.93 of this chapter). 20. Amend § 32.43 Mississippi by revising paragraph D. of Noxubee National Wildlife Refuge to read as follows: § 32.43 * * * * * Noxubee National Wildlife Refuge * * * * * D. Sport Fishing. We allow sport fishing on designated areas of the refuge in accordance with State regulations subject to the following conditions: 1. The sport fishing, boating, and bow fishing seasons extend from March 1 through October 31, except for the Noxubee River and borrow pit areas along Highway 25 that are open yearround. 2. We prohibit anglers leaving boats overnight on the refuge (see § 27.93 of this chapter). 3. Anglers must keep boat travel at idle speed, and they must not create a wake when moving. 4. We prohibit limb lines, snag lines, and hand grappling in Ross Branch, Bluff, and Loakfoma Lakes. 5. Anglers must tag pole and set hooks with their name and address when using them in rivers, creeks, and other water bodies. Anglers must remove these devices when not in use. 6. Trotlining: i. Anglers must label each end of the trotline floats with the owner’s name and address. ii. We limit trotlines to one line per person, and we allow no more than two trotlines per boat. iii. Anglers must tend all trotlines every 24 hours and remove them when not in use. VerDate jul<14>2003 7. Jug fishing: i. Anglers must label each jug with their name and address. ii. Anglers must attend all jugs every 24 hours and remove them when not in use. 8. We require a Special Use Permit for night time bow fishing. * * * * * 21. Amend § 32.44 Missouri by: a. Revising the introductory text of paragraph C., revising paragraph C.5. and adding paragraph C.6. of Big Muddy National Fish and Wildlife Refuge; b. Adding paragraph A.3., revising paragraph B.1., adding paragraphs B.8. and B.9., revising paragraph C.4., adding paragraphs C.5. through C.8., and revising paragraph D.8. of Mingo National Wildlife Refuge; and c. Revising paragraph A. of Squaw Creek National Wildlife Refuge to read as follows: 9. Condition A3 applies. C. Big Game Hunting. * * * * * * * * 4. Condition B8 applies. 5. We prohibit the use of salt or mineral blocks. 6. We only allow portable tree stands from 2 weeks before to 2 weeks after the State archery deer season. You must clearly mark all stands with the owner’s name, address, and phone number. 7. We only allow one tree stand per deer hunter. 8. Condition A3 applies. D. Sport Fishing. * * * * * * * * 8. We allow the take of common snapping turtle and soft-shelled turtle only using pole and line. We require all anglers immediately release all alligator snapping turtles (see § 27.21 of this chapter). § 32.44 A. Migratory Game Bird Hunting. We allow hunting of light geese on designated areas of the refuge in accordance with State regulations subject to the following conditions: 1. Hunters must remain within direct sight of the guide in the hunt boundary at all times. 2. We allow the guide and hunters into the hunt boundary up to 2 hours prior to legal shooting time. 3. Hunting will stop at 12 p.m. (noon), and hunters must be out of the fields by 2 p.m. 4. We allow hunting dogs, portable blinds, and decoys at the discretion of the guide. 5. We prohibit pit blinds. 6. Hunting dogs must be under the immediate control of their handlers at all times (see § 26.21 of this chapter). 7. We prohibit retrieving crippled geese outside of the hunt boundary, including adjacent private land. This includes retrieval by hunting dogs. 8. We prohibit vehicles beyond the established parking area located adjacent to State Highway 118 (see § 27.31 of this chapter). 9. We will allow the use of ATVs to set out decoys, other hunting equipment, and hunters within the hunt boundary. We prohibit the use of ATVs to retrieve harvested or crippled geese. 10. Both the guide and hunters are responsible for ensuring that all trash, including spent shotgun shells are removed from the hunt area each day (see §§ 27.93 and 27.94 of this chapter). 11. Violations of these rules may result in the revocation of the guide’s Special Use Permit as deemed appropriate by the refuge manager. * * * * * * Missouri. * * * * Big Muddy National Fish and Wildlife Refuge * Mississippi. 15:36 Jul 11, 2005 Jkt 205001 40139 * * * * C. Big Game Hunting. We allow hunting of deer and turkey on designated areas of the refuge in accordance with State regulations subject to the following conditions: * * * * * 5. You must unload or dismantle and case all firearms while transporting them in a motor vehicle (see § 27.42(b) of this chapter). 6. We restrict deer hunters on the Boone’s Crossing Unit to archery methods only except for hunters on Johnson Island where State-allowed methods of take are in effect. * * * * * Mingo National Wildlife Refuge A. Migratory Game Bird Hunting. * * * * * * * * 3. We prohibit the use of paint, flagging, reflectors, tacks, or other manmade materials to mark trails or hunting locations (see § 27.61 of this chapter). B. Upland Game Hunting. * * * 1. The Public Hunting Area and the road leading to the area from the Hunter Sign-In Station are open 11⁄2 hours before legal sunrise until 11⁄2 hours after legal sunset. * * * * * 8. We require that all hunters wear a hat and a shirt, vest, or coat of hunter orange that is plainly visible from all sides during the overlapping portion of the squirrel and archery deer seasons. PO 00000 Frm 00033 Fmt 4701 Sfmt 4702 Squaw Creek National Wildlife Refuge E:\FR\FM\12JYP2.SGM 12JYP2 40140 Federal Register / Vol. 70, No. 132 / Tuesday, July 12, 2005 / Proposed Rules 22. Amend § 32.45 Montana by: a. Revising paragraphs A. and B. of Black Coulee National Wildlife Refuge; b. Revising paragraphs A. and B. of Bowdoin National Wildlife Refuge; c. Revising paragraph C. of Charles M. Russell National Wildlife Refuge; and d. Revising paragraph A. of Hewitt Lake National Wildlife Refuge to read as follows: § 32.45 * Montana. * * * * Black Coulee National Wildlife Refuge A. Migratory Game Bird Hunting. We allow hunting of duck, goose, coot, swan, sandhill crane, and mourning dove on designated areas of the refuge in accordance with State regulations subject to the following conditions: 1. We only allow nonmotorized boats on refuge waters. 2. You must remove all boats, decoys, portable blinds, other personal property, and any materials brought onto the refuge for blind construction by legal sunset (see §§ 27.93 and 27.94 of this chapter). B. Upland Game Hunting. We allow hunting of pheasant, sharp-tailed grouse, sage grouse, gray partridge, fox, and coyote on designated areas of the refuge in accordance with State regulations subject to the following conditions: 1. You may only possess approved nontoxic shot (see § 32.2(k)). 2. Fox and coyote hunters may only use centerfire rifles, rimfire rifles, or shotguns with approved nontoxic shot. 3. We require game bird hunters to wear at least one article of blaze-orange clothing visible above the waist. * * * * * Bowdoin National Wildlife Refuge A. Migratory Game Bird Hunting. We allow hunting of duck, goose, coot, swan, sandhill crane, and mourning dove on designated areas of the refuge in accordance with State regulations subject to the following conditions: 1. You must check-in and check out of the refuge daily. Before hunting, each hunter must record the date, their name, and the time checking into the refuge on a register inside the Hunter Registration Kiosk at refuge headquarters. After hunting, each hunter must record hunting data (hours hunted waterfowl and/or upland game and the number of birds harvested) before departing the refuge. 2. We prohibit air-thrust boats or boats with motors greater than 25 hp. 3. You must remove all boats, decoys, portable blinds, other personal property, and any materials brought onto the VerDate jul<14>2003 15:36 Jul 11, 2005 Jkt 205001 refuge for blind construction by legal sunset (see §§ 27.93 and 27.94 of this chapter). B. Upland Game Hunting. We allow hunting of pheasant, sharp-tailed grouse, sage grouse, gray partridge, fox, and coyote on designated areas of the refuge in accordance with State regulations subject to the following conditions: 1. Condition A1 applies. 2. You must possess and carry a refuge Special Use Permit to hunt fox and coyotes. 3. You may only possess approved nontoxic shot (see § 32.2(k)). 4. Fox and coyote hunters may only use centerfire rifles, rimfire rifles, or shotguns with approved nontoxic shot. 5. We require game bird hunters to wear at least one article of blaze-orange clothing visible above the waist. * * * * * Charles M. Russell National Wildlife Refuge * * * * * C. Big Game Hunting. We allow hunting of big game on designated areas of the refuge in accordance with State regulations subject to the following conditions: 1. We allow the use of portable blinds and stands. You may install stands and blinds no sooner than August 1, and you must remove them by December 15 of each year. We limit each hunter to three stands or blinds. The hunter must have their name, address, phone number, and automated licensing system number (ALS) visibly marked on the stand. 2. We allow hunting of elk on designated areas of the refuge. You must possess and carry a refuge permit to hunt elk on the refuge. * * * * * Hewitt Lake National Wildlife Refuge A. Migratory Game Bird Hunting. We allow hunting of duck, goose, coot, swan, sandhill crane, and mourning dove on designated areas of the refuge in accordance with State regulations subject to the following conditions: 1. We prohibit air-thrust boats and boats with motors greater than 25 hp. 2. You must remove all boats, decoys, portable blinds, other personal property, and any materials brought onto the refuge for blind construction by legal sunset (see §§ 27.93 and 27.94 of this chapter). * * * * * 23. Amend § 32.46 Nebraska by revising the introductory text of paragraph B. of Crescent Lake National Wildlife Refuge to read as follows: PO 00000 Frm 00034 Fmt 4701 Sfmt 4702 § 32.46 * Nebraska. * * * * Crescent Lake National Wildlife Refuge * * * * * B. Upland Game Hunting. We allow hunting of cottontail rabbit, jack rabbit, furbearer, coyote, ring-necked pheasant, and prairie grouse on designated areas of the refuge in accordance with State regulations subject to the following conditions: * * * * * 24. Amend § 32.48 New Hampshire by adding Silvio O. Conte National Fish and Wildlife Refuge to read as follows: § 32.48 * New Hampshire. * * * * Silvio O. Conte National Fish and Wildlife Refuge A. Migratory Game Bird Hunting. We allow hunting of duck, goose, common snipe, sora, Virginia rail, common moorhen, and American woodcock on the Pondicherry Division of the refuge in accordance with State regulations subject to the following conditions: 1. You may only use portable blinds. You must remove all blinds, decoys, shell casings, and other personal equipment and refuse from the refuge by legal sunset (see §§ 27.93 and 27.94 of this chapter). 2. You must wear in a conspicuous manner on the outermost layer of the head, chest, and back, a minimum of 400 square inches (2,600 cm 2 ) of hunter-orange clothing or material, except when hunting waterfowl. 4. We allow the use of retrieving dogs but dogs must be under voice command at all times (see § 26.21 of this chapter). 5. We allow hunting during the hours stipulated under the State’s hunting regulations but no longer than from 1⁄2 hour before legal sunrise to 1⁄2 hour after legal sunset. We prohibit night hunting. You must unload all firearms (see § 27.42 of this chapter) outside of legal hunting hours. 6. We prohibit all-terrain vehicles (ATV’s or OHV’s). B. Upland Game Hunting. We allow hunting of coyote, fox, raccoon, woodchuck, red squirrel, eastern gray squirrel, porcupine, skunk, American crow, snowshoe hare, ring-necked pheasant, and ruffed grouse on the Pondicherry Division of the refuge in accordance with State regulations subject to the following conditions: 1. You must wear in a conspicuous manner on the outermost layer of the head, chest, and back, a minimum of 400 square inches (2,600 cm 2 ) of hunter-orange clothing or material. 2. Conditions A5 and A6 apply. E:\FR\FM\12JYP2.SGM 12JYP2 Federal Register / Vol. 70, No. 132 / Tuesday, July 12, 2005 / Proposed Rules 3. We allow hunting of snowshoe hare and coyote with dogs from October 1 to March 15. You may hunt with trailing dogs on the refuge subject to the following conditions: i. We will only allow dog training outside the established hunting seasons under a Special Use Permit issued by the refuge manager. ii. We allow a maximum of four dogs per hunter. iii. You must pick up all dogs the same day you release them (see § 26.21(b) of this chapter). C. Big Game Hunting. We allow hunting of white-tailed deer, moose, black bear, and wild turkey on the Pondicherry Division of the refuge in accordance with State regulations subject to the following conditions: 1. We allow bear hunting with dogs during the established State hound season. Hunting with trailing dogs on the refuge will be subject to the following conditions: i. We allow a maximum of four dogs per hunter. ii. You must pick up all dogs the same day you release them (see § 26.21(b) of this chapter). 2. We prohibit the use of bait (see § 32.2(h)). 3. We allow temporary tree stands and blinds, but you must remove them (see §§ 27.93 and 27.94 of this chapter) by the end of the season. Your name and address must be clearly visible on the tree stand. We prohibit nails, screws, or screw-in climbing pegs to build or access a stand or blind (See § 32.2(i)). 4. You must wear in a conspicuous manner on the outermost layer of the head, chest, and back a minimum of 400 square inches (2,600 cm2) of hunterorange clothing or material, except when hunting turkey or while engaged in archery hunting. 5. Conditions A5 and A6 apply. 6. We allow prehunt scouting of the refuge; however, we prohibit firearms during prehunt scouting. 7. We will only allow dog training outside the established hunting seasons under a Special Use Permit issued by the Refuge Manager. D. Sport Fishing. [Reserved] 25. Amend § 32.50 New Mexico by revising paragraphs A.2. and B.3. of Bosque del Apache National Wildlife Refuge to read as follows: § 32.50 * New Mexico. * * * A. Migratory Game Bird Hunting. * * * * * * * * 15:36 Jul 11, 2005 § 32.51 * New York. * * * * Iroquois National Wildlife Refuge A. Migratory Game Bird Hunting. * * * * * * * * 3. * * * * * * * * iii. Each youth must hunt with a preapproved, nonhunting adult (see refuge manager for details), who must be properly licensed to participate in the program. * * * * * C. Big Game Hunting. * * * * * * * * 2. * * * ii. Only youth hunters ages 12 to 17, accompanied by a properly licensed, preapproved nonhunting adult (see refuge manager for details), may hunt at the refuge on the first Sunday of the season. All youth hunters must register at the refuge headquarters and attend a mandatory orientation. * * * * * D. Sport Fishing. * * * * * * * * 7. We allow fishing and frogging from Schoolhouse Marsh dike and Center Marsh dike from July 15 to September 30. * * * * * Wertheim National Wildlife Refuge * Bosque del Apache National Wildlife Refuge VerDate jul<14>2003 2. We allow hunting of light goose on Monday, Wednesday, and Friday during a week in January to be determined by refuge staff. We will announce hunt dates by September 1 of the previous year. Hunters must report to the refuge headquarters by 4:45 a.m. each hunt day. Legal hunting hours will run from 1⁄2 hour before legal sunrise and will not extend past 11:00 a.m. local time. * * * * * B. Upland Game Hunting. * * * * * * * * 3. We allow cottontail rabbit hunting between December 1 and the last day of February. * * * * * 26. Amend § 32.51 New York by: a. Revising paragraphs A.3.iii. and C.2.ii., and adding paragraph D.7. of Iroquois National Wildlife Refuge; and b. Revising paragraph C. of Wertheim National Wildlife Refuge to read as follows: Jkt 205001 * * * * * C. Big Game Hunting. We allow hunting of whitetail deer on designated areas of the refuge in accordance with State regulations subject to the following conditions: PO 00000 Frm 00035 Fmt 4701 Sfmt 4702 40141 1. We allow archery and shotgun hunting of white-tailed deer within portions of the refuge on specific days between October 1 and January 31. 2. We require refuge permits. We limit the number of deer hunters allowed to hunt on the refuge. We will issue permits by random selection. 3. You must take the specified number of antlerless deer as noted in the refuge hunting regulations before taking an antlered deer. 4. You must possess and carry all applicable and valid hunting licenses, permits, stamps, and a photographic identification while hunting on the refuge. 5. You must possess proof of completion of the refuge-specific orientation program upon check-in at the designated refuge hunting location. 6. You must limit driving to designated access roads and park only in designated areas (see § 27.31 of this chapter). We prohibit use of motorized vehicles on the refuge to retrieve whitetailed deer. 7. You must display refuge parking permits face-up on the vehicle dashboard while hunting. 8. We allow hunters to enter the refuge 1 hour before legal hunting hours. Hunters must leave the refuge no later than 1 hour after legal sunset. 9. We prohibit the use of dogs to hunt or pursue game. We prohibit driving deer by any means on the refuge. We prohibit the use of decoys to hunt deer on the refuge. 10. We prohibit carrying a loaded weapon and/or discharge of a firearm within the designated 500-foot (150 m) ‘‘No Hunt Buffer’’, vehicles, or parking areas (see § 27.42(b) of this chapter). 11. We prohibit shooting directly into or towards the 500-foot (150 m) ‘‘No Hunt Buffer’’. 12. We prohibit the killing or crippling of any deer without the hunter making reasonable effort to retrieve the deer and retain it in his/her actual custody. 13. Hunters assigned to Unit 5 must hunt from portable tree stands and must direct aim away from a public road and/ or dwelling. 14. You must have only shotgun shells loaded with slugs during the firearms season. 15. You must wear a minimum of 400 square inches (2,600 cm2) of solidorange clothing, visible on head, chest, and back during the firearms season. Camouflage orange does not qualify. 16. We prohibit construction or use of permanent structures while hunting. We prohibit driving a nail, spike, screw or other metal object into any tree or hunting from any tree on the refuge in E:\FR\FM\12JYP2.SGM 12JYP2 40142 Federal Register / Vol. 70, No. 132 / Tuesday, July 12, 2005 / Proposed Rules which a nail, spike, screw or other object has been driven (see § 32.2(i)). 17. You may use temporary or portable tree stands while hunting deer. You must remove all stands or any blinds by legal sunset (see §§ 27.93 and 27.94 of this chapter). We require all tree stands to have the name and address of the owner clearly printed on the stand. 18. You must report all accidents and injuries to refuge personnel as soon as possible and by no later than your departure from the refuge. 19. Failure to comply with Federal, State, and/or refuge regulations will lead to dismissal from the refuge and elimination of participation in future hunts. 20. You must abide all rules and regulations listed on the hunting permit. 21. We prohibit the use of any bait, salt, or enticement (see § 32.2(h)). 22. A nonhunting adult (see the refuge manager for details) with a valid State hunting license must accompany junior hunters. 23. We prohibit the marking of any tree, trail, or other refuge feature with flagging, paint, reflective material or any other substance. 24. You may scout hunting areas on the refuge only during designated times and days. We prohibit the use of dogs during scouting. 25. We prohibit the use of electronic calls during any hunting season. 26. We prohibit the trimming or cutting of branches larger than the diameter of a quarter (see § 27.61 of this chapter). * * * * * 27. Amend § 32.52 North Carolina by: a. Revising paragraph A.5., adding paragraphs A.6., and A.7., and revising paragraphs B. and C. of Alligator River National Wildlife Refuge; and b. Revising paragraph C.4. of Pocosin Lakes National Wildlife Refuge to read as follows: § 32.52 * North Carolina. * * * * Alligator River National Wildlife Refuge A. Migratory Game Bird Hunting. * * * * * * * * 5. You may only possess approved nontoxic shot in the field (see § 32.2(k)). 6. We allow retrieving dogs in designated areas. We prohibit the use of dogs in the Gum Swamp Unit. 7. We open the refuge to daylight use only, except that we allow hunters to enter and remain in open hunting areas from 1 hour before legal shooting time until one hour after legal shooting time. VerDate jul<14>2003 15:36 Jul 11, 2005 Jkt 205001 B. Upland Game Hunting. * * * 1. Conditions A1, A4, A5, and A7 apply. 2. We only allow dog training during the corresponding hunt season. 3. We require a Special Use Permit to hunt raccoon or opossum from 1⁄2 hour after legal sunset until 1⁄2 hour before legal sunrise. 4. We allow the use of dogs in designated areas as shown in the refuge Hunting Regulations and Permit Map brochure. C. Big Game Hunting. * * * 1. Conditions A1, A4 (an adult may only supervise one youth hunter), A7 and B2 apply. 2. We close the Hyde county portion of the refuge to all hunting during State bear seasons. 3. We only allow pursuit/trailing dogs in designated areas as shown in the Refuge Hunting Regulations and Permit Map brochure. 4. Unarmed hunters may walk to retrieve stray dogs from closed areas and ‘‘no dog hunting’’ areas. * * * * * Pocosin Lakes National Wildlife Refuge * * * * * C. Big Game Hunting. * * * * * * * * 4. You may only possess approved nontoxic shot (see § 32.2(k)) while hunting turkeys west of Evans Road and on the Pungo unit. You may use slugs, buckshot, and muzzleloader ammunition containing lead for deer hunting in these areas. We prohibit boar hunting on the Pungo Unit (they are only known to occur in the Frying Pan area of the refuge). * * * * * 28. Amend § 32.53 North Dakota by: a. Revising paragraphs B., C., and D. of Arrowwood National Wildlife Refuge; b. Alphabetically adding Arrowwood Wetland Management District; c. Alphabetically adding Audubon Wetland Management District; d. Revising paragraph C. of Chase Lake National Wildlife Refuge; e. Alphabetically adding Chase Lake Wetland Management District; f. Alphabetically adding Crosby Wetland Management District; g. Revising Devils Lake Wetland Management District; h. Alphabetically adding J. Clark Salyer Wetland Management District; i. Alphabetically adding Kulm Wetland Management District; j. Revising paragraphs A., B., and C. of Lake Alice National Wildlife Refuge; k. Alphabetically adding Long Lake Wetland Management District; l. Alphabetically adding Lostwood Wetland Management District; PO 00000 Frm 00036 Fmt 4701 Sfmt 4702 m. Removing the listing for Rock Lake National Wildlife Refuge; n. Alphabetically adding Tewaukon Wetland Management District; o. Revising paragraph B.2. and D.13.ii. of Upper Souris National Wildlife Refuge; and p. Alphabetically adding Valley City Wetland Management District to read as follows: § 32.53 * North Dakota. * * * * Arrowwood National Wildlife Refuge * * * * * B. Upland Game Hunting. We allow hunting of pheasant, sharp-tailed grouse, partridge, cottontail rabbit, and fox on designated areas of the refuge in accordance with State regulations subject to the following conditions: 1. We allow hunting on the day following the close of the State firearm deer season through the end of the regular upland bird season. 2. We allow hunting of cottontail rabbit and fox on the day following the close of the State firearm deer season through March 31. 3. We allow access by foot travel only. 4. We prohibit open fires (see § 27.95(a) of this chapter) and camping on the refuge. C. Big Game Hunting. We allow deer hunting on designated areas of the refuge in accordance with State regulations subject to the following conditions: 1. We prohibit entering the refuge before legal shooting hours on the opening day of firearms deer season. Thereafter, you may enter, but not shoot, prior to legal hours. We require all hunters to be off the refuge 11⁄2 hours after legal sunset. 2. We allow deer hunting on the refuge during the State Youth Deer Season except in designated closed areas around refuge headquarters, the wildlife observation area, and the auto tour route. Consult the refuge hunting map for open and closed hunting areas during the State Youth Deer Season. 3. Firearm deer hunters may not enter the refuge after harvesting a deer unless unarmed (see § 27.42(b) of this chapter) and wearing blaze orange. 4. 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. 5. We allow only temporary tree stands and blinds. You must remove all tree stands and blinds at the end of each day (see §§ 27.93 and 27.94 of this chapter). E:\FR\FM\12JYP2.SGM 12JYP2 Federal Register / Vol. 70, No. 132 / Tuesday, July 12, 2005 / Proposed Rules 6. Condition B4 applies. D. Sport Fishing. We allow fishing in accordance with State regulations subject to the following conditions: 1. We only allow boats, up to a maximum of 25 hp, on Arrowwood Lake and Jim Lake from May 1 to September 30 of each fishing year. 2. We allow bank fishing along major road rights-of-way during the entire State fishing season. 3. We allow bank fishing on interior portions of the refuge from May 1 through September 30 of each fishing year. We only allow walk-in access, except for designated areas. 4. We allow fishing in the bypass channel during the regular State fishing season. We allow walk-in access along maintenance trails from June 1 through September 30 of each fishing year. 5. We allow bow fishing for rough fish along road rights-of-way in accordance with State regulations from May 1 through September 30 of each fishing year. We prohibit the use of crossbows. 6. We allow ice fishing on Arrowwood Lake, Jim Lake, and the south 1⁄3 of Mud Lake. We allow fish houses and vehicles (automobiles and trucks only) on the ice as conditions permit. You must remove fish houses by March 15. You may use portable fish houses after March 15, but you must remove them from the refuge each day (see § 27.93 of this chapter). 7. We prohibit snowmobiles and ATVs on the refuge (see § 27.31(f) of this chapter). 8. We prohibit water activities not related to fishing (sailing, skiing, tubing, etc.) 9. We prohibit open fires (see § 27.95(a) of this chapter) and camping on the refuge. Arrowwood Wetland Management District A. Migratory Game Bird Hunting. We allow migratory game bird hunting on Waterfowl Production Areas throughout the District in accordance with State regulations 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 each day (see §§ 27.93 and 27.94 of this chapter). B. Upland Game Hunting. We allow upland game hunting on Waterfowl Production Areas throughout the District in accordance with State regulations subject to the following condition: We prohibit the use of horses for any purpose. C. Big Game Hunting. We allow big game hunting on Waterfowl Production Areas throughout the District in VerDate jul<14>2003 15:36 Jul 11, 2005 Jkt 205001 accordance with State regulations subject to the following condition: We prohibit the use of horses for any purpose. D. Sport Fishing. We allow sport fishing on Waterfowl Production Areas throughout the District in accordance with State regulations subject to the following condition: You must remove boats, motor vehicles, fishing equipment, and other personal property (excluding ice houses) by legal sunset (see §§ 27.93 and 27.94 of this chapter). * * * * * Audubon Wetland Management District A. Migratory Game Bird Hunting. We allow migratory game bird hunting on Waterfowl Production Areas and Wildlife Development Areas throughout the District in accordance with State regulations 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 (see §§ 27.93 and 27.94 of this chapter). B. Upland Game Hunting. We allow upland game hunting on Waterfowl Production Areas and Wildlife Development Areas throughout the District in accordance with State regulations subject to the following condition: We prohibit the use of horses for any purpose. C. Big Game Hunting. We allow big game hunting on Waterfowl Production Areas and Wildlife Development Areas throughout the District in accordance with State regulations subject to the following condition: We prohibit the use of horses for any purpose. D. Sport Fishing. We allow sport fishing on Waterfowl Production Areas and Wildlife Development Areas throughout the District in accordance with State regulations 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 §§ 27.93 and 27.94 of this chapter). Chase Lake National Wildlife Refuge * * * * * C. Big Game Hunting. We allow deer hunting on the refuge in accordance with State regulations subject to the following conditions: 1. We prohibit deer hunting until the start of the State deer gun season. 2. We prohibit the use of horses for any purpose. 3. Hunters may only enter the refuge on foot. * * * * * PO 00000 Frm 00037 Fmt 4701 Sfmt 4702 40143 Chase Lake Wetland Management District A. Migratory Game Bird Hunting. We allow migratory game bird hunting on Waterfowl Production Areas and Wildlife Development Areas throughout the District in accordance with State regulations 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 (see §§ 27.93 and 27.94 of this chapter). B. Upland Game Hunting. We allow upland game hunting on Waterfowl Production Areas and Wildlife Development Areas throughout the District in accordance with State regulations subject to the following condition: We prohibit the use of horses for any purpose. C. Big Game Hunting. We allow big game hunting on Waterfowl Production Areas and Wildlife Development Areas throughout the District in accordance with State regulations subject to the following condition: We prohibit the use of horses for any purpose. D. Sport Fishing. We allow sport fishing on Waterfowl Production Areas and Wildlife Development Areas throughout the District in accordance with State regulations 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 §§ 27.93 and 27.94 of this chapter). Crosby Wetland Management District A. Migratory Game Bird Hunting. We allow migratory game bird hunting on Waterfowl Production Areas throughout the District in accordance with State regulations 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 (see §§ 27.93 and 27.94 of this chapter). B. Upland Game Hunting. We allow upland game hunting on Waterfowl Production Areas throughout the District in accordance with State regulations subject to the following condition: We prohibit the use of horses for any purpose. C. Big Game Hunting. We allow big game hunting on Waterfowl Production Areas throughout the District in accordance with State regulations subject to the following condition: We prohibit the use of horses for any purpose. D. Sport Fishing. We allow sport fishing on Waterfowl Production Areas E:\FR\FM\12JYP2.SGM 12JYP2 40144 Federal Register / Vol. 70, No. 132 / Tuesday, July 12, 2005 / Proposed Rules throughout the District in accordance with State regulations 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 §§ 27.93 and 27.94 of this chapter). * * * * * Devils Lake Wetland Management District A. Migratory Game Bird Hunting. We allow migratory game bird hunting on Waterfowl Production Areas and Wildlife Development Areas throughout the District in accordance with State regulations subject to the following conditions: 1. We prohibit hunting on Little Goose and Lambs Lake Waterfowl Production Areas in Nelson county; Pleasant Lake Waterfowl Production Area in Benson County; and Hart, Nelson and Vold Waterfowl Production Areas in Grand Forks County. 2. We prohibit hunting on portions of Kellys Slough Waterfowl Production Area in Grand Forks County, as posted. 3. You must remove boats, motor vehicles, fishing equipment, and other personal property (excluding ice houses) by the end of each day (see §§ 27.93 and 27.94 of this chapter). B. Upland Game Hunting. We allow upland game hunting on Waterfowl Production Areas and Wildlife Development Areas throughout the District in accordance with State regulations subject to the following conditions: 1. Conditions A1 and A2 apply. 2. We prohibit the use of horses for any purpose. C. Big Game Hunting. We allow big game hunting on Waterfowl Production Areas and Wildlife Development Areas throughout the District in accordance with State regulations subject to the following conditions: Conditions A1, A2, and B3 apply. D. Sport Fishing. We allow sport fishing on Waterfowl Production Areas and Wildlife Development Areas throughout the District in accordance with State regulations subject to the following conditions: 1. We prohibit fishing on Hart, Nelson, Vold, and Kellys Slough Waterfowl Production Areas in Grand Forks County. 2. You must remove boats, motor vehicles, fishing equipment, and other personal property (excluding ice houses) by the end of each day (see §§ 27.93 and 27.94 of this chapter). * * * * * VerDate jul<14>2003 15:36 Jul 11, 2005 Jkt 205001 J. Clark Salyer Wetland Management District A. Migratory Game Bird Hunting. We allow migratory game bird hunting on Waterfowl Production Areas throughout the District in accordance with State regulations 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 (see §§ 27.93 and 27.94 of this chapter). B. Upland Game Hunting. We allow upland game hunting on Waterfowl Production Areas throughout the District in accordance with State regulations subject to the following condition: We prohibit the use of horses for any purpose. C. Big Game Hunting. We allow big game hunting on Waterfowl Production Areas throughout the District in accordance with State regulations subject to the following condition: We prohibit the use of horses for any purpose. D. Sport Fishing. We allow sport fishing on Waterfowl Production Areas throughout the District in accordance with State regulations 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 §§ 27.93 and 27.94 of this chapter). Kulm Wetland Management District A. Migratory Game Bird Hunting. We allow migratory game bird hunting on Waterfowl Production Areas and Wildlife Development Areas throughout the District in accordance with State regulations 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 (see §§ 27.93 and 27.94 of this chapter). B. Upland Game Hunting. We allow upland game hunting on Waterfowl Production Areas and Wildlife Development Areas throughout the District in accordance with State regulations subject to the following condition: We prohibit the use of horses for any purpose. C. Big Game Hunting. We allow big game hunting on Waterfowl Production Areas and Wildlife Development Areas throughout the District in accordance with State regulations subject to the following condition: We prohibit the use of horses for any purpose. D. Sport Fishing. We allow sport fishing on Waterfowl Production Areas PO 00000 Frm 00038 Fmt 4701 Sfmt 4702 and Wildlife Development Areas throughout the District in accordance with State regulations 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 §§ 27.93 and 27.94 of this chapter). Lake Alice National Wildlife Refuge A. Migratory Game Bird Hunting. We allow migratory game bird hunting on designated areas of the refuge in accordance with State regulations subject to the following conditions; 1. Refer to the refuge hunting map for designated hunting areas and information on hunting in specific zones. 2. We prohibit the use of motorized (gas and electric) boats. 3. We prohibit shooting from, on, or across any refuge road. 4. 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 (see §§ 27.93 and 27.94 of this chapter). 5. We prohibit pit blinds. 6. We prohibit retrieval of waterfowl in the Archery Only or Deer and Late Season Pheasant areas; refer to refuge hunting map for information on hunting in specific zones. B. 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 in accordance with State regulations subject to the following condition: Refer to the refuge hunting map for designated hunting areas and restrictions. C. Big Game Hunting. We allow deer and fox hunting on designated areas of the refuge in accordance with State regulations subject to the following conditions: 1. Condition A1 applies. 2. We allow archery hunting on designated areas of the refuge only; refer to the refuge hunting map for information on hunting in specific zones. 3. We prohibit the use of horses for any purpose. 4. We prohibit trapping, baiting, and spotlighting. 5. We prohibit permanent tree stands. We allow portable tree stands that hunters must remove from the refuge by the end of each day (see § 27.93 of this chapter). We prohibit the use of screwin tree steps or similar objects that may damage trees (see § 32.2(i)). * * * * * E:\FR\FM\12JYP2.SGM 12JYP2 40145 Federal Register / Vol. 70, No. 132 / Tuesday, July 12, 2005 / Proposed Rules Long Lake Wetland Management District A. Migratory Game Bird Hunting. We allow migratory game bird hunting on Waterfowl Production Areas and Wildlife Development Areas throughout the District in accordance with State regulations 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 (see §§ 27.93 and 27.94 of this chapter). B. Upland Game Hunting. We allow upland game hunting on Waterfowl Production Areas and Wildlife Development Areas throughout the District in accordance with State regulations subject to the following condition: We prohibit the use of horses for any purpose. C. Big Game Hunting. We allow big game hunting on Waterfowl Production Areas and Wildlife Development Areas throughout the District in accordance with State regulations subject to the following condition: We prohibit the use of horses for any purpose. D. Sport Fishing. We allow sport fishing on Waterfowl Production Areas and Wildlife Development Areas throughout the District in accordance with State regulations 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 §§ 27.93 and 27.94 of this chapter). * * * * * Lostwood Wetland Management District A. Migratory Game Bird Hunting. We allow migratory game bird hunting on Waterfowl Production Areas throughout the District in accordance with State regulations 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 (see §§ 27.93 and 27.94 of this chapter). B. Upland Game Hunting. We allow upland game hunting on Waterfowl Production Areas throughout the District in accordance with State regulations subject to the following condition: We prohibit the use of horses for any purpose. C. Big Game Hunting. We allow big game hunting on Waterfowl Production Areas throughout the District in accordance with State regulations subject to the following condition: VerDate jul<14>2003 15:36 Jul 11, 2005 Jkt 205001 We prohibit the use of horses for any purpose. D. Sport Fishing. We allow sport fishing on Waterfowl Production Areas throughout the District in accordance with State regulations 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 §§ 27.93 and 27.94 of this chapter). * * * * * Tewaukon Wetland Management District A. Migratory Game Bird Hunting. We allow migratory game bird hunting on Waterfowl Production Areas and Wildlife Development Areas throughout the District in accordance with State regulations 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 (see §§ 27.93 and 27.94 of this chapter). B. Upland Game Hunting. We allow upland game hunting on Waterfowl Production Areas and Wildlife Development Areas throughout the District in accordance with State regulations subject to the following condition: We prohibit the use of horses for any purpose. C. Big Game Hunting. We allow big game hunting on Waterfowl Production Areas and Wildlife Development Areas throughout the District in accordance with State regulations subject to the following condition: We prohibit the use of horses for any purpose. D. Sport Fishing. We allow sport fishing on Waterfowl Production Areas and Wildlife Development Areas throughout the District in accordance with State regulations 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 §§ 27.93 and 27.94 of this chapter). Upper Souris National Wildlife Refuge * * * * * B. Upland Game Hunting. * * * * * * * * 2. We require hunters, and nonhunters accompanying hunters, to wear the State-required, legal-orange clothing when hunting game birds during the deer gun season. * * * * * D. Sport Fishing. * * * * * * * * 13. * * * PO 00000 Frm 00039 Fmt 4701 Sfmt 4702 ii. SILVER BRIDGE—We allow bank fishing from the road right-of-way around the bridge abutments. You may walk onto the ice from this area for ice fishing. * * * * * Valley City Wetland Management District A. Migratory Game Bird Hunting. We allow migratory game bird hunting on Waterfowl Production Areas throughout the District in accordance with State regulations 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 (see §§ 27.93 and 27.94 of this chapter). B. Upland Game Hunting. We allow upland game hunting on Waterfowl Production Areas throughout the District in accordance with State regulations subject to the following condition: We prohibit the use of horses for any purpose. C. Big Game Hunting. We allow big game hunting on Waterfowl Production Areas throughout the District in accordance with State regulations subject to the following condition: We prohibit the use of horses for any purpose. D. Sport Fishing. We allow sport fishing on Waterfowl Production Areas throughout the District in accordance with State regulations 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 §§ 27.93 and 27.94 of this chapter). 29. Amend § 32.55 Oklahoma by: a. Revising the introductory text of paragraph C. and redesignating paragraphs C.4., C.5., and C.6. as paragraphs C.5., C.6., and C.7, adding a new paragraph C.4., and revising paragraph C.6. of Deep Fork National Wildlife Refuge; b. Revising paragraph A.2. and adding paragraph C.5. of Little River National Wildlife Refuge; c. Removing paragraphs B.2. and B.3. of Optima National Wildlife Refuge; d. Adding paragraph A.10. of Sequoyah National Wildlife Refuge; and e. Removing paragraph B.2. and redesignating paragraph B.3. as B.2. of Washita National Wildlife Refuge to read as follows: § 32.55 * Oklahoma. * * * * Deep Fork National Wildlife Refuge * E:\FR\FM\12JYP2.SGM * 12JYP2 * * * 40146 Federal Register / Vol. 70, No. 132 / Tuesday, July 12, 2005 / Proposed Rules C. Big Game Hunting. We allow hunting of white-tailed deer and feral hog on designated areas of the refuge in accordance with State regulations subject to the following conditions: * * * * * 4. You may hunt feral hog during any established refuge hunting season. Refuge permits and legal weapons apply for the current hunting season. * * * * * 6. You may use tree stands, but you must remove them (see § 27.93 of this chapter) immediately following the end of the hunt season. * * * * * Little River National Wildlife Refuge A. Migratory Game Bird Hunting. * * * * * * * * 2. We prohibit building and use of permanent blinds. You may only use portable blinds. You must remove blinds, decoys, and all personal equipment from the refuge daily (see §§ 27.93 and 27.94 of this chapter). * * * * * C. Big Game Hunting. * * * * * * * * 5. You may only hunt big game during designated refuge seasons. * * * * * Sequoyah National Wildlife Refuge A. Migratory Game Bird Hunting. * * * * * * * * 10. We prohibit hunters entering the Sandtown Bottom Unit prior to 5 a.m. during hunting season. Hunters must leave the Sandtown Bottom Unit by 1 hour after legal sunset during hunting season. * * * * * 30. Amend § 32.56 Oregon by: a. Adding paragraphs A.9. and B.3. of Cold Springs National Wildlife Refuge; b. Revising the introductory text of paragraph A. and revising paragraphs A.2., B., C., and D. of Malheur National Wildlife Refuge; c. Adding paragraphs A.8. and B.1. of McKay Creek National Wildlife Refuge; and d. Adding paragraphs A.8, B.4., and revising paragraph C. of Umatilla National Wildlife Refuge to read as follows: § 32.56 * Oregon. * * * * Cold Springs National Wildlife Refuge A. Migratory Game Bird Hunting. * * * * * * * * VerDate jul<14>2003 15:36 Jul 11, 2005 Jkt 205001 9. You may not shoot or discharge any firearm from, across, or along a public highway, designated route of travel, road, road shoulder, road embankment, or designated parking area. B. Upland Game Hunting. * * * * * * * * 3. Condition A9 applies. * * * * * Malheur National Wildlife Refuge A. Migratory Game Bird Hunting. We allow hunting of dove, goose, duck, merganser, coot, snipe, and pigeon on designated areas of the refuge in accordance with State regulations subject to the following conditions: * * * * * 2. You may possess only approved nontoxic shot while in the field (see § 32.2(k)). B. Upland Game Hunting. We allow hunting of pheasant, quail, partridge, chukar, coyote, and rabbit on designated areas of the refuge in accordance with State regulations subject to the following conditions: 1. We allow hunting of pheasant, quail, partridge, chukar, and rabbit from the third Saturday in November until the end of the State pheasant season on designated areas of the Blitzen Valley east of Highway 205. We allow hunting of pheasant, quail, partridge, chukar, and rabbit on designated areas on Malheur Lake concurrent with the State pheasant season. 2. We allow hunting of all upland game species during authorized State seasons on designated areas of the refuge west of Highway 205 and south of Foster Flat Road. 3. You may possess only approved nontoxic shot while in the field (see § 32.2(k) of this chapter) on designated areas east of Highway 205 and on Malheur Lake. C. Big Game Hunting. We allow hunting of deer and pronghorn on designated areas of the refuge west of Highway 205 and south of Foster Flat Road in accordance with State regulations. D. Sport Fishing. We allow fishing on designated areas of the refuge in accordance with State regulations subject to the following conditions: 1. We allow fishing year-round in the Blitzen River, East Canal, and Mud Creek upstream from and including Bridge Creek. We allow fishing in Krumbo Reservoir from the fourth Saturday in April until the end of October. 2. We prohibit boats, except for nonmotorized boats and boats with electric motors, on Krumbo Reservoir. PO 00000 Frm 00040 Fmt 4701 Sfmt 4702 McKay Creek National Wildlife Refuge A. Migratory Game Bird Hunting. * * * * * * * * 8. You may not shoot or discharge any firearm from, across, or along a public highway, designated route of travel, road, road shoulder, road embankment, or designated parking area. B. Upland Game Hunting. * * * 1. Conditions A1, A2, and A8 apply. * * * * * Umatilla National Wildlife Refuge A. Migratory Game Bird Hunting. * * * * * * * * 8. You may not shoot or discharge any firearm from, across, or along a public highway, designated route of travel, road, road shoulder, road embankment, or designated parking area. B. Upland Game Hunting. * * * * * * * * 4. Condition A8 applies. C. Big Game Hunting. We allow hunting of deer on designated areas of the refuge in accordance with State regulations subject to the following conditions: 1. We allow hunting by special refuge permit only. You must possess and carry the special refuge permit at all times while hunting. 2. Condition A8 applies. * * * * * 31. Amend § 32.57 Pennsylvania by revising paragraphs A.2., A.3., B., C.2., C.4., D.1., D.3., D.4., D.5., and adding paragraphs D.8. and D.9. of Erie National Wildlife Refuge to read as follows: § 32.57 * Pennsylvania. * * * * Erie National Wildlife Refuge A. Migratory Game Bird Hunting. * * * * * * * * 2. We only allow nonmotorized boats for waterfowl hunting. Hunters must remove boats (see § 27.93 of this chapter) from the refuge by legal sunset. 3. We require that hunters remove blinds and decoys from the refuge by legal sunset (see §§ 27.93 and 27.94 of this chapter) * * * * * B. Upland Game Hunting. We allow hunting of grouse, squirrel, rabbit, woodchuck, pheasant, quail, raccoon, fox, coyote, skunk, and opossum on designated areas of the refuge in accordance with State regulations subject to the following conditions: E:\FR\FM\12JYP2.SGM 12JYP2 Federal Register / Vol. 70, No. 132 / Tuesday, July 12, 2005 / Proposed Rules 1. We allow hunting on the refuge from September 1 through the end of February. 2. We require all persons to possess and carry a refuge Special Use Permit while hunting fox, coyote, and raccoon on the refuge. 3. We allow dogs for hunting; however, they must be under the immediate control of the hunter at all times (see § 26.21(b) of this chapter). C. Big Game Hunting. * * * * * * * * 2. Hunters must remove blinds, scaffolds, tree stands, and decoys (see § 27.93 of this chapter) from the refuge by legal sunset. * * * * * 4. We require all persons to possess and carry a refuge Special Use Permit while hunting bear on the refuge. * * * * * D. Sport Fishing. * * * 1. We allow bank fishing only on the Seneca Unit of the refuge. We prohibit wading. * * * * * 3. We prohibit the use of watercraft for fishing, with the exception of Area 5 where we allow nonmotorized watercraft use from the second Saturday in June through September 15. They must remain in an area from the dike to 3,000 feet (900 m) upstream. 4. We require that all anglers must remove watercraft from the refuge by legal sunset (see § 27.93 of this chapter). 5. We allow ice fishing in Areas 5 and 7 only. * * * * * 8. We prohibit the possession of live baitfish on the Seneca Unit. 9. We prohibit the taking or possession of shellfish on the Seneca Unit of the refuge. * * * * * 32. Amend § 32.60 South Carolina by: a. Adding paragraphs C.15. and C.16. of Pinckney Island National Wildlife Refuge; and b. Adding paragraph B.4. of Waccamaw National Wildlife Refuge to read as follows: § 32.60 * South Carolina. * * * * Pinckney Island National Wildlife Refuge * * * * * C. Big Game Hunting. * * * * * * * * 15. Hunters age 15 and younger must possess and carry a valid hunter education card in order to hunt. 16. Youth hunters age 15 and younger must remain within sight and normal voice contact of an adult age 21 or older, VerDate jul<14>2003 15:36 Jul 11, 2005 Jkt 205001 possessing a license. One adult may supervise no more than two youth hunters. * * * * * Waccamaw National Wildlife Refuge * * * * * B. Upland Game Hunting. * * * * * * * * 4. We prohibit squirrel hunting from a boat or other water conveyance on the refuge. * * * * * 33. Amend § 32.61 South Dakota by: a. Revising Huron Wetland Management District; b. Revising Lake Andes Wetland Management District; c. Revising Madison Wetland Management District; d. Removing the listing of Pocasse National Wildlife Refuge; e. Revising Sand Lake Wetland Management District; and f. Revising Waubay Wetland Management District to read as follows: § 32.61 * South Dakota. * * * * Huron Wetland Management District A. Migratory Game Bird Hunting. We allow migratory game bird hunting on Waterfowl Production Areas throughout the District in accordance with State regulations 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 (see §§ 27.93 and 27.94 of this chapter). B. Upland Game Hunting. We allow upland game hunting on Waterfowl Production Areas throughout the District in accordance with State regulations subject to the following condition: We prohibit the use of horses for any purpose. C. Big Game Hunting. We allow big game hunting on Waterfowl Production Areas throughout the District in accordance with State regulations subject to the following conditions: 1. We allow hunters to leave portable tree stands and free-standing elevated platforms on Waterfowl Production Areas from the first Saturday after August 25 through February 15. 2. You must label portable tree stands and free-standing elevated platforms with your name and address or current hunting license number so it is legible from the ground. 3. We prohibit the use of horses for any purpose. 4. You must remove portable ground blinds and other personal property by PO 00000 Frm 00041 Fmt 4701 Sfmt 4702 40147 the end of each day (see §§ 27.93 and 27.94 of this chapter). D. Sport Fishing. We allow sport fishing on Waterfowl Production Areas throughout the District in accordance with State regulations 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 §§ 27.93 and 27.94 of this chapter). * * * * * Lake Andes Wetland Management District A. Migratory Game Bird Hunting. We allow migratory game bird hunting on Waterfowl Production Areas throughout the District in accordance with State regulations 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 (see §§ 27.93 and 27.94 of this chapter). B. Upland Game Hunting. We allow upland game hunting on Waterfowl Production Areas throughout the District in accordance with State regulations subject to the following condition: We prohibit the use of horses for any purpose. C. Big Game Hunting. We allow big game hunting on Waterfowl Production Areas throughout the District in accordance with State regulations subject to the following conditions: 1. We allow hunters to leave portable tree stands and free-standing elevated platforms on Waterfowl Production Areas from the first Saturday after August 25 through February 15. 2. You must label portable tree stands and free-standing elevated platforms with your name and address or current hunting license number so it is legible from the ground. 3. We prohibit the use of horses for any purpose. 4. You must remove portable ground blinds and other personal property by the end of each day (see §§ 27.93 and 27.94 of this chapter). D. Sport Fishing. We allow sport fishing on Waterfowl Production Areas throughout the District in accordance with State regulations 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 §§ 27.93 and 27.94 of this chapter). Madison Wetland Management District A. Migratory Game Bird Hunting. We allow migratory game bird hunting on E:\FR\FM\12JYP2.SGM 12JYP2 40148 Federal Register / Vol. 70, No. 132 / Tuesday, July 12, 2005 / Proposed Rules Waterfowl Production Areas throughout the District in accordance with State regulations 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 (see §§ 27.93 and 27.94 of this chapter). B. Upland Game Hunting. We allow upland game hunting on Waterfowl Production Areas throughout the District in accordance with State regulations subject to the following condition: We prohibit the use of horses for any purpose. C. Big Game Hunting. We allow big game hunting on Waterfowl Production Areas throughout the District in accordance with State regulations subject to the following conditions: 1. We allow hunters to leave portable tree stands and free-standing elevated platforms on Waterfowl Production Areas from the first Saturday after August 25 through February 15. 2. You must label portable tree stands and free-standing elevated platforms with your name and address or current hunting license number so it is legible from the ground. 3. We prohibit the use of horses for any purpose. 4. You must remove portable ground blinds and other personal property by the end of each day (see §§ 27.93 and 27.94 of this chapter). D. Sport Fishing. We allow sport fishing on Waterfowl Production Areas throughout the District in accordance with State regulations 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 §§ 27.93 and 27.94 of this chapter). * * * * * Sand Lake Wetland Management District A. Migratory Game Bird Hunting. We allow migratory game bird hunting on Waterfowl Production Areas throughout the District in accordance with State regulations 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 (see §§ 27.93 and 27.94 of this chapter). B. Upland Game Hunting. We allow upland game hunting on Waterfowl Production Areas throughout the District in accordance with State regulations subject to the following condition: We prohibit the use of horses for any purpose. VerDate jul<14>2003 15:36 Jul 11, 2005 Jkt 205001 C. Big Game Hunting. We allow big game hunting on Waterfowl Production Areas throughout the District in accordance with State regulations subject to the following conditions: 1. We allow hunters to leave portable tree stands and free-standing elevated platforms on Waterfowl Production Areas from the first Saturday after August 25 through February 15. 2. You must label portable tree stands and free-standing elevated platforms with your name and address or current hunting license number so it is legible from the ground. 3. We prohibit the use of horses for any purpose. 4. You must remove portable ground blinds and other personal property by the end of each day (see §§ 27.93 and 27.94 of this chapter). D. Sport Fishing. We allow sport fishing on Waterfowl Production Areas throughout the District in accordance with State regulations 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 §§ 27.93 and 27.94 of this chapter). * * * * * Waubay Wetland Management District A. Migratory Game Bird Hunting. We allow migratory game bird hunting on Waterfowl Production Areas throughout the District in accordance with State regulations 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 (see §§ 27.93 and 27.94 of this chapter). B. Upland Game Hunting. We allow upland game hunting on Waterfowl Production Areas throughout the District in accordance with State regulations subject to the following condition: We prohibit the use of horses for any purpose. C. Big Game Hunting. We allow big game hunting on Waterfowl Production Areas throughout the District in accordance with State regulations subject to the following conditions: 1. We allow hunters to leave portable tree stands and free-standing elevated platforms on Waterfowl Production Areas from the first Saturday after August 25 through February 15. 2. You must label portable tree stands and free-standing elevated platforms with your name and address or current hunting license number so it is legible from the ground. 3. We prohibit the use of horses for any purpose. PO 00000 Frm 00042 Fmt 4701 Sfmt 4702 4. You must remove portable ground blinds and other personal property by the end of each day (see §§ 27.93 and 27.94 of this chapter). D. Sport Fishing. We allow sport fishing on Waterfowl Production Areas throughout the District in accordance with State regulations 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 §§ 27.93 and 27.94 of this chapter). 34. Amend § 32.63 Tennessee by: a. Revising paragraphs A.3., A.5., B.2., B.3., C.1., C.4., and D. of Chickasaw National Wildlife Refuge; b. Revising Hatchie National Wildlife Refuge; and c. Revising paragraphs A.3., A.5., A.8., B.2., B.3., C.1., C.4., C.5., D.4., and D.7. of Lower Hatchie National Wildlife Refuge to read as follows: § 32.63 * Tennessee. * * * * Chickasaw National Wildlife Refuge * * * * * A. Migratory Game Bird Hunting. * * * * * * * * 3. You must possess and carry a signed refuge permit and report game taken as specified within the permit. * * * * * 5. Mourning dove, woodcock, and snipe seasons close during all firearms and muzzleloader deer seasons. * * * * * B. Upland Game Hunting. * * * * * * * * 2. Spring squirrel season is closed on the refuge. 3. Squirrel, rabbit, and quail seasons close during all firearms and muzzleloader deer seasons. * * * * * C. Big Game Hunting. * * * 1. Conditions A1 through A3, and A7 through A8 (each adult may supervise only one youth hunter) apply. * * * * * 4. We only allow the use of portable blinds and tree stands on the refuge. You must remove blinds, tree stands, and all other personal equipment (see §§ 27.93 and 27.94 of this chapter) from the refuge at the end of each day’s hunt. D. Sport Fishing. We allow sport fishing on designated areas of the refuge in accordance with State regulations subject to the following conditions: 1. We only allow fishing from legal sunrise to legal sunset. 2. We only allow fishing with pole and line or rod and reel. E:\FR\FM\12JYP2.SGM 12JYP2 Federal Register / Vol. 70, No. 132 / Tuesday, July 12, 2005 / Proposed Rules 3. We prohibit possession of unauthorized fishing gear, including trotlines, limblines, juglines, yo-yos, nets, spears, and snag hooks, while fishing on the refuge. 4. We allow the use of bow and arrow or a gig to take nongame fish on refuge waters. 5. We prohibit taking frog or turtle on the refuge (see § 27.21 of this chapter). * * * * * Hatchie National Wildlife Refuge A. Migratory Game Bird Hunting. We allow hunting of migratory game birds on designated areas of the refuge in accordance with State regulations subject to the following conditions: 1. The refuge is a day-use area only, with the exception of legal hunting/ fishing activities. 2. We prohibit the use of motorized off-road vehicles (e.g., ATVs) on the refuge (see § 27.31(f) of this chapter). 3. You must possess and carry a signed refuge permit and report game taken as specified within the permit. 4. We only allow waterfowl hunting on Tuedays, Thursdays, and Saturdays. Legal hunting hours for duck, goose, coot, and merganser are 1⁄2 hour before legal sunrise to 12 p.m. (noon). 5. Mourning dove, woodcock, and snipe seasons close during all firearms and muzzleloader deer seasons. 6. We allow only portable blinds, and hunters must remove all boats, blinds, and decoys (see §§ 27.93 and 27.94 of this chapter) from the refuge by 1 p.m. daily. 7. We allow hunters to access the refuge no more than 2 hours before legal sunrise, and they must leave the refuge no more than 2 hours after legal sunset. 8. Each youth hunter (under age 16) must remain within sight and normal voice contact of an adult (age 21 or older). B. Upland Game Hunting. We allow hunting of squirrel, rabbit, quail, raccoon, and opossum on designated areas of the refuge in accordance with State regulations subject to the following conditions: 1. Conditions A1 through A3 and A7 through A8 apply. 2. Spring squirrel season is closed on the refuge. 3. Squirrel, rabbit, and quail seasons close during all firearms and muzzleloader deer seasons. 4. Hunting hours for raccoon and opossum are legal sunset to legal sunrise. C. Big Game Hunting. We allow hunting of white-tailed deer and turkey on designated areas of the refuge in accordance with State regulations subject to the following conditions: VerDate jul<14>2003 15:36 Jul 11, 2005 Jkt 205001 1. Conditions A1 through A3, A7, and A8 (each adult may supervise only one youth hunter) apply. 2. You may only participate in the refuge deer gun hunts with a special quota permit issued through random drawing. Information for permit applications and season dates is available at the refuge headquarters. 3. You may only possess approved nontoxic shot (see § 32.2(k)) while hunting turkey. 4. We only allow the use of portable blinds and tree stands on the refuge. You must remove blinds, tree stands, and all other personal equipment (see §§ 27.93 and 27.94 of this chapter) from the refuge at the end of each day’s hunt. 5. We allow archery-only hunting between State Highway 76 and Interstate 40. 6. We only allow archery hunting the first 16 days of the State season. 7. We are closed to Youth-Deer hunting. D. Sport Fishing. We allow sport fishing on designated areas of the refuge in accordance with State regulations subject to the following conditions: 1. Conditions A1 and A2 apply. 2. We only allow fishing with pole and line or rod and reel. 3. We prohibit possession of unauthorized fishing gear, including trotlines, limblines, juglinels, yo-yos, nets, spears, and snag hooks, while fishing on the refuge. 4. We allow use of a bow and arrow or gig to take nongame fish on refuge waters. 5. We prohibit taking frog or turtle on the refuge (see § 27.21 of this chapter). 6. We seasonally close the sanctuary areas of the refuge to the public November 15 through March 15. 7. We open Oneal Lake for fishing during a restricted season and for authorized special events. Information on event and season dates is available at the refuge headquarters. 8. You must immediately release all largemouth bass under 14 inches (30 cm) in length on Goose and Quail Hollow Lakes. 9. We allow the use of nonmotorized boats and boats with electric motors only. 10. We only allow bank fishing on Goose Lake. Lower Hatchie National Wildlife Refuge A. Migratory Game Bird Hunting. * * * * * * * * 3. You must possess and carry a signed refuge permit and report game taken as specified within the permit. * * * * * PO 00000 Frm 00043 Fmt 4701 Sfmt 4702 40149 5. Mourning dove, woodcock, and snipe seasons close during all firearms and muzzleloader deer seasons. * * * * * 8. We close Sunk Lake Public Use Natural Area to all migratory game bird hunting, and we close the southern unit of Sunk Lake Public Use Natural Area to all hunting. * * * * * B. Upland Game Hunting. * * * * * * * * 2. Spring squirrel season is closed on the refuge. 3. Squirrel, rabbit, and quail seasons close during all firearms and muzzleloader deer seasons. * * * * * C. Big Game Hunting. * * * 1. Conditions A1 through A3, and A7 through A9 (each adult may supervise only one youth hunter) apply. * * * * * 4. We only allow the use of portable blinds and tree stands on the refuge. You must remove blinds, tree stands, and all other personal equipment (see §§ 27.93 and 27.94 of this chapter) from the refuge at the end of each day’s hunt. 5. We allow archery-deer hunting only on the northern unit of Sunk Lake Public Use Natural Area. D. Sport Fishing. * * * * * * * * 4. We allow use of a bow and arrow or a gig to take nongame fish on refuge waters. * * * * * 7. We allow the use of nonmotorized boats and boats with electric motors only on Sunk Lake Public Use Natural Area. * * * * * 35. Amend § 32.63 Texas by: a. Redesignating paragraphs A.1. through A.18. as paragraphs A.2. through A.19., adding a new paragraph A.1., and revising paragraphs A.12., A.13., and A.14. of Anahuac National Wildlife Refuge; b. Redesignating paragraphs A.1. through A.3. as paragraphs A.2. through A.4. and adding a new paragraph A.1. of Big Boggy National Wildlife Refuge; c. Redesignating paragraphs A.1. through A.4. as paragraphs A.2. through A.5., adding a new paragraph A.1., and revising paragraph D. of Brazoria National Wildlife Refuge; d. Revising paragraphs C.2., C.3., C.5., C.6., and adding paragraph C.17. of Laguna Atascosca National Wildlife Refuge; e. Revising the introductory text of paragraph A., redesignating paragraphs A.1. through A.15. as paragraphs A.2. through A.16., adding a new paragraph E:\FR\FM\12JYP2.SGM 12JYP2 40150 Federal Register / Vol. 70, No. 132 / Tuesday, July 12, 2005 / Proposed Rules A.1., revising paragraphs A.4. and A.5., revising paragraph D.5., and removing paragraph D.6. of McFaddin National Wildlife Refuge; f. Redesignating paragraphs A.1. through A.4. as paragraphs A.2. through A.5., adding a new paragraph A.1., revising paragraph A.2., and revising paragraph D. of San Bernard National Wildlife Refuge; g. Redesignating paragraphs A.1. through A.13. as paragraphs A.2. through A.14., adding a new paragraph A.1., revising paragraphs A.5., A.6., A.11., A.13., and revising paragraph D.4. of Texas Point National Wildlife Refuge; and h. Revising paragraphs B.2., B.4., and the introductory text of paragraph D. of Trinity River National Wildlife Refuge to read as follows: § 32.63 * Texas. * * * * Anahuac National Wildlife Refuge A. Migratory Game Bird Hunting. * * * 1. Season dates will be concurrent with the State for the September teal season, youth-only season, and duck and coot regular season in the Texas South Zone, and goose regular season in the Texas East Zone, with the exception that hunting we will prohibit duck (not including the September teal and youthonly seasons) and coot hunting on the refuge until the last Saturday in October. If the State-specified duck and coot regular season opens later than the last Saturday in October, then hunting on the refuge will open consistent with the State-specified season date. * * * * * 12. We prohibit the use of airboats, marsh buggies, ATVs (see § 27.31(f) of this chapter) and personal watercraft. 13. On inland waters of refuge hunt areas open to motorized boats, we restrict the operation of motorized boats to lakes, ponds, ditches, and other waterways. We prohibit the operation of motorized boats on or through emergent wetland vegetation. 14. On inland waters of the refuge hunt areas open to motorized boats, we restrict the use of boats powered by aircooled or radiator-cooled engines to those powered by a single engine of 25 hp or less and utilizing a propeller 9 inches (22.5 cm) in diameter or less. * * * * * Big Boggy National Wildlife Refuge A. Migratory Game Bird Hunting. * * * 1. Season dates will be concurrent with the State for the September teal season, youth-only season, and duck VerDate jul<14>2003 15:36 Jul 11, 2005 Jkt 205001 and coot regular season in the Texas South Zone, and goose regular season in the Texas East Zone, with the exception that we will prohibit duck (not including the September teal and youthonly seasons) and coot hunting on the refuge until the last Saturday in October. If the State-specified duck and coot regular season opens later than the last Saturday in October, then hunting on the refuge will open consistent with the State-specified season date. * * * * * Brazoria National Wildlife Refuge A. Migratory Game Bird Hunting. * * * 1. Season dates will be concurrent with the State for the September teal season, youth-only season, and duck and coot regular season in the Texas South Zone, and goose regular season in the Texas East Zone, with the exception that we will prohibit duck (not including the September teal and youthonly seasons) and coot hunting on the refuge until the last Saturday in October. If the State-specified duck and coot regular season opens later than the last Saturday in October, then hunting on the refuge will open consistent with the State-specified season date. * * * * * D. Sport Fishing. We allow fishing in accordance with State regulations subject to the following conditions: 1. We allow fishing only on Nick’s Lake, Salt Lake, and Lost Lake and along the Salt Lake Weir Dike and the Bastrop Bayou Public Fishing Areas. 2. We allow access for shore fishing at Bastrop Bayou, Clay Banks and Salt Lake Public Fishing Areas, and Salt Lake Weir Dike. 3. We open Bastrop Bayou to fishing 24 hours a day; we prohibit camping. 4. We open all other fishing areas from legal sunrise to legal sunset. 5. We only allow nonmotorized boat launching at the Salt Lake Public Fishing Area. The refuge provides no other boat launching facilities. 6. We prohibit the use of trotlines, sail lines, set lines, jugs, gigs, spears, bush hooks, snatch hooks, cross bows, or bows and arrows of any type. * * * * * Laguna Atascosa National Wildlife Refuge * * * * * C. Big Game Hunting. * * * * * * * * 2. We allow archery and firearm hunting on designated units of the refuge. Units 1, 2, 3, 5, 6, and 8 are open to archery hunting during designated dates. Units 2, 3, 5, 6, and 8 are open PO 00000 Frm 00044 Fmt 4701 Sfmt 4702 to firearm hunting during designated dates. We close the following areas to hunting: Adolph Thomae, Jr. County Park in Unit 3, posted ‘‘No Hunting Zones’’ within all hunt units, La Selva Verde Tract (Armstrong), Waller Tract, COHYCO, Inc. Tract, Bahia Grande Unit, and South Padre Unit. 3. We offer hunting during specific portions of the State hunting season. We determine specific deer hunt dates annually, and they usually fall within November, December, and January. We may provide special feral pig and nilgai antelope hunts to reduce populations at any time during the year. * * * * * 5. We require hunters to visibly wear 400 square inches (2,600 cm2) of hunter orange, which includes wearing a minimum of 144 square inches (936 cm2) visible on the chest, a minimum of 144 square inches (936 cm2) visible on the back, and a hunter-orange hat or cap visible on the head when in the field. We allow hunter-orange camouflage patterns. We allow archery hunters during the archery-only hunts to remove their hunter orange in the field only when hunting at a stationary location. 6. Each youth hunter, ages 12 to 17, must be accompanied by and remain within sight and normal voice contact of an adult age 18 or older. Hunters must be at least age 12. * * * * * 17. We require written documentation from a licensed physician to certify a hunter as temporarily or permanently disabled or mobility impaired no later than 10 calendar days before the start of the scouting or hunt period. We allow the use of all-terrain vehicles (ATVs), which excludes motorcycles and fullsize passenger vehicles, for hunters with mobility impairments and other disabilities through the issuance of a Special Use Permit. * * * * * McFaddin National Wildlife Refuge A. Migratory Game Bird Hunting. We allow hunting of goose, duck, and coot on designated areas of the refuge in accordance with State regulations subject to the following conditions: 1. Season dates will be concurrent with the State for the September teal season, youth-only season, and duck and coot regular season in the Texas South Zone, and goose regular season in the Texas East Zone, with the exception that we will prohibit duck (not including the September teal and youthonly seasons) and coot hunting on the refuge until the last Saturday in October. If the State-specified duck and coot regular season opens later than the E:\FR\FM\12JYP2.SGM 12JYP2 40151 Federal Register / Vol. 70, No. 132 / Tuesday, July 12, 2005 / Proposed Rules last Saturday in October, then hunting on the refuge will open consistent with the State-specified season date. * * * * * 4. You may access hunt areas by foot, nonmotorized watercraft, outboard motorboat, or airboat. Airboats may not exceed 10 hp with direct drive with a propeller length of 48 inches (120 cm) or less. Engines may not exceed 2 cylinders and 484 cc. We prohibit all other motorzied vehicles. We prohibit marsh buggies, ATVs, and personal watercraft (see § 27.31(f) of this chapter). 5. On inland waters of the refuge open to motorized boats, we restrict the use of boats powered by air-cooled or radiator-cooled engines to those powered by a single engine of 25 hp or less and utilizing a propeller 9 inches (22.5 cm) in diameter or less. * * * * * D. Sport Fishing. * * * * * * * * 5. Conditions A5 and A6 apply. San Bernard National Wildlife Refuge A. Migratory Game Bird Hunting. * * * 1. Season dates will be concurrent with the State for the September teal season, youth-only season, and duck and coot regular season in the Texas South Zone, and goose regular season in the Texas East Zone, with the exception that we will prohibit duck (not including the September teal and youthonly seasons) and coot hunting on the refuge until the last Saturday in October. If the State-specified duck and coot regular season opens later than the last Saturday in October, then hunting on the refuge will open consistent with the State-specified season date. 2. We prohibit the building or use of pits and permanent blinds (see §§ 27.92 and 27.93 of this chapter). * * * * * D. Sport Fishing. We allow sport fishing on designated areas of the refuge in accordance with State regulations subject to the following conditions: 1. We allow fishing only on the refuge portions of Cow Trap Lakes, Cedar Lakes, and along Cedar Lake Creek. 2. We prohibit the use of trotlines, sail lines, set lines, jugs, gigs, spears, bush hooks, snatch hooks, cross bows, or bows and arrows of any type. Texas Point National Wildlife Refuge A. Migratory Game Bird Hunting. * * * 1. Season dates will be concurrent with the State for the September teal season, youth-only season, and duck and coot regular season in the Texas South Zone, and goose regular season in VerDate jul<14>2003 15:36 Jul 11, 2005 Jkt 205001 the Texas East Zone, with the exception that we will prohibit duck (not including the September teal and youthonly seasons) and coot hunting on the refuge until the last Saturday in October. If the State-specified duck and coot regular season opens later than the last Saturday in October, then hunting on the refuge will open consistent with the State-specified season date. * * * * * 5. You may access hunt areas by foot, nonmotorized watercraft, outboard motorboat, or airboat. Airboats may not exceed 10 hp with direct drive with a propeller length of 48 inches (120 cm) or less. Engines may not exceed 2 cylinders and 484 cc. We prohibit all other motorized vehicles. We prohibit marsh buggies, ATVs, and personal watercraft (see § 27.31(f) of this chapter). 6. On inland waters of the refuge open to motorized boats, we restrict the use of boats powered by air-cooled or radiator-cooled engines to those powered by a single engine of 25 hp or less and utilizing a propeller 9 inches (22.5 cm) in diameter or less. * * * * * 11. We prohibit pits and permanent blinds. We allow portable blinds or temporary natural vegetation blinds. You must remove portable blinds (see §§ 27.93 and 27.94 of this chapter) from the refuge daily. * * * * * 13. Dogs accompanying hunters must be under the immediate control of handlers at all times (see § 26.21(b) of this chapter). * * * * * D. Sport Fishing. * * * * * * * * 4. Conditions A6 and A7 apply. Trinity River National Wildlife Refuge * * * * * B. Upland Game Hunting. * * * * * * * * 2. We allow hunting during a designated 23-day season. Hunters may enter the refuge and park in an assigned parking area no earlier than 4:30 a.m. We allow hunting from 1⁄2 hour before legal sunrise to legal sunset. We require hunters to return a data log card. * * * * * 4. We prohibit the use of dogs, feeders, baiting (see § 32.2(h)), campsites, fires (see § 27.95(a) of this chapter), horses, bicycles, and all-terrain vehicles. * * * * * D. Sport Fishing. We allow fishing on most refuge tracts in accordance with PO 00000 Frm 00045 Fmt 4701 Sfmt 4702 State regulations subject to the following conditions: * * * * * 36. Amend § 32.64 Utah by revising paragraph A.1. of Bear River Migratory Bird Refuge to read as follows: § 32.64 * Utah. * * * * Bear River Migratory Bird Refuge A. Migratory Game Bird Hunting. * * * 1. Hunters may not shoot or hunt within 100 yards (90 m) of principal refuge roads (the tour route). * * * * * 37. Amend § 32.66 Virginia by: a. Revising paragraph C.2.vi. of Chincoteague National Wildlife Refuge; b. Revising paragraphs C.7. through C.12. and adding paragraph C.13. of James River National Wildlife Refuge; c. Revising paragraphs A.3. and A.7. of Plum Tree Island National Wildlife Refuge; d. Revising paragraphs C.1., C.5. through C.8., and adding paragraph C.9. of Presquile National Wildlife Refuge; and e. Revising paragraph C., D.1., D.2., and D.5. of Rappahannock River Valley National Wildlife Refuge to read as follows: § 32.66 * Virginia. * * * * Chincoteague National Wildlife Refuge * * * * * C. Big Game Hunting. * * * * * * * * 2. * * * * * * * * vi. We reserve Zone 2 for hunters confined to wheelchairs. Hunters confined to wheelchairs must remain on the paved trail or overlook platform on Woodland Trail. Hunters confined to wheelchairs who require assistance retrieving or dressing harvested animals must have a nonhunting assistant available. * * * * * James River National Wildlife Refuge * * * * * C. Big Game Hunting. * * * * * * * * 7. During firearms season, all hunters must wear in a visible manner on head, chest, and back a minimum of 400 square inches (2,600 cm2) of solidcolored, hunter-orange clothing or material. 8. During archery only season, archers must wear in a visible manner a solidcolored, hunter-orange hat or cap while moving to and from their stand. E:\FR\FM\12JYP2.SGM 12JYP2 40152 Federal Register / Vol. 70, No. 132 / Tuesday, July 12, 2005 / Proposed Rules 9. We require that firearm hunters remain within 25 feet (7.5 m) of their assigned stand unless tracking or retrieving a wounded deer. 10. We allow hunters to retrieve wounded deer from closed areas with prior consent from a refuge employee only. 11. We require hunters to unload all weapons while on the refuge (see § 27.42(b) of this chapter), except when at their assigned stand. 12. We prohibit the discharge of firearm or archery equipment across or within refuge roads, including roads closed to vehicles. 13. You must be at least age 18 to hunt without an accompanying, qualified adult. Youth hunters between ages 12 and 17 may only hunt when accompanied by an adult age 21 or older, who must also possess and carry a valid hunting license. The minimum age for hunters is 12. * * * * * Plum Tree Island National Wildlife Refuge A. Migratory Game Bird Hunting. * * * * * * * * 3. You may hunt from: the location of your choice, unimproved shore locations, camouflaged boats (float blinds) anchored to the shore, or temporary blinds erected on the interior of the island. * * * * * 7. On all hunt days, hunters must retrieve and remove all decoys, temporary blinds, and equipment and leave Cow Island by 1 p.m. (see §§ 27.93 and 27.94 of this chapter). * * * * * Presquile National Wildlife Refuge * * * * * C. Big Game Hunting. * * * 1. We require hunters to purchase a refuge hunt permit. You may obtain permits by contacting the Charles City office at (804) 829–9020. The hunter must possess and carry the signed permit while on refuge property. * * * * * 5. We allow only portable tree stands that hunters must remove at the end of each hunt day (see §§ 27.93 and 27.94 of this chapter). 6. We require hunters to wear in a conspicuous manner on head, chest, and back a minimum of 400 square inches (2,600 cm2) of solid-colored, hunter-orange clothing or material. 7. We require hunters to remain with 25 feet (7.5 m) of their designated stand unless tracking or retrieving a wounded deer. VerDate jul<14>2003 15:36 Jul 11, 2005 Jkt 205001 8. We require all hunters to unload all firearms while on the refuge, except when at their assigned stand (see § 27.42(b) of this chapter). 9. You must be at least age 18 to hunt without an accompanying, qualified adult. Youth hunters between ages 12 and 17 may only hunt when accompanied by an adult age 21 or older who must also possess and carry a valid hunting license. The minimum age for hunters is 12. * * * * * Rappahannock River Valley National Wildlife Refuge * * * * * C. Big Game Hunting. We allow hunting of white-tailed deer on designated areas of the refuge in accordance with State regulations subject to the following conditions: 1. We require hunters to purchase a refuge hunt permit. You may obtain permits by contacting the refuge headquarters at (804) 333–1470. The hunter must possess and carry the permit while on refuge property. 2. We allow shotgun, muzzleloader, and archery hunting on designated refuge hunt days. 3. We allow the take of two deer of either sex per day. 4. We prohibit dogs. 5. We allow only portable tree stands that hunters must remove at the end of each hunt day (see §§ 27.93 and 27.94 of this chapter). 6. During firearm seasons, all hunters must wear in a visible manner on head, chest, and back a minimum of 400 square inches (2,600 cm2) of solidcolored, hunter-orange clothing or material. 7. During archery only season, archers must wear in a visible manner a solidcolored, hunter-orange hat or cap while moving to and from their stand. 8. We prohibit the possession of loaded firearms or nocked arrows while on the refuge roads. 9. We require hunters to unload all weapons while traveling between the hunting sites (see § 27.42(b) of this chapter). 10. We prohibit the discharge of a firearm or archery equipment across or within refuge roads, including roads closed to vehicles. 11. We allow hunters to retrieve wounded deer from closed areas only with prior consent from a refuge employee. 12. You must be at least age 18 to hunt without an accompanying, qualified adult. Youth hunters between ages 12 and 17 may only hunt when accompanied by an adult age 21 or older who must also possess and carry a valid PO 00000 Frm 00046 Fmt 4701 Sfmt 4702 hunting license. The minimum age for hunters is 12. D. Sport Fishing. * * * 1. We allow fishing access from legal sunrise to legal sunset. 2. We allow fishing from the Wilna Pond pier, banks of the dam, and watercraft. We prohibit fishing from the aluminum catwalk. * * * * * 5. We prohibit the use of lead sinkers. * * * * * 38. Amend § 32.67 Washington by: a. Adding paragraphs A.3., B.3., and C.3. of Columbia National Wildlife Refuge; b. Revising paragraphs A. and C. of Conboy Lake National Wildlife Refuge; c. Adding paragraph A.5., removing paragraphs B.4., B.5., adding a new paragraph B.4., removing paragraphs C.3., and C.4., and adding a new paragraph C.3. of Hanford Reach National Monument/Saddle Mountain National Wildlife Refuge; d. Revising paragraphs A. and C. of Julia Butler Hansen Refuge for the Columbian White-Tailed Deer; e. Revising paragraphs A., B., and C. of Little Pend Oreille National Wildlife Refuge; f. Adding paragraphs A.14. and B.5. and revising paragraph C. of McNary National Wildlife Refuge; g. Revising paragraphs A. and D. of Ridgefield National Wildlife Refuge; h. Adding paragraphs A.9 and B.4. of Toppenish National Wildlife Refuge; i. Adding paragraphs A.9. and B.3, and revising paragraph C. of Umatilla National Wildlife Refuge; and j. Adding paragraphs A.7. and B.5, revising the introductory text of paragraph C., revising paragraph C.3., and adding paragraph C.5. of Willapa National Wildlife Refuge to read as follows: § 32.67 * Washington. * * * * Columbia National Wildlife Refuge A. Migratory Game Bird Hunting. * * * * * * * * 3. You may not shoot or discharge any firearm from, across, or along a public highway, designated route of travel, road, road shoulder, road embankment, or designated parking area. B. Upland Game Hunting. * * * * * * * * 3. Condition A3 applies. C. Big Game Hunting. * * * * * * * * 3. Condition A3 applies. * * * * * E:\FR\FM\12JYP2.SGM 12JYP2 Federal Register / Vol. 70, No. 132 / Tuesday, July 12, 2005 / Proposed Rules Conboy Lake National Wildlife Refuge A. Migratory Game Bird Hunting. We allow hunting of dove, goose, duck, coot, and common snipe on designated areas of the refuge in accordance with State regulations subject to the following conditions: 1. Waterfowl and snipe hunters may possess only approved nontoxic shot while in the field (see § 32.2(k)). 2. You may not shoot or discharge any firearm from, across, or along a public highway, designated route of travel, road, road shoulder, road embankment, or designated parking area. * * * * * C. Big Game Hunting. We allow hunting of deer on designated areas of the refuge in accordance with State regulations subject to the following condition: Condition A2 applies. * * * * * Hanford Reach National Monument/ Saddle Mountain National Wildlife Refuge A. Migratory Game Bird Hunting. * * * * * * * * 5. We prohibit shooting or discharging any firearm from, across, or along a public highway, designated route of travel, road, road shoulder, road embankment, or designated parking area. B. Upland Game Hunting. * * * * * * * * 4. Condition A5 applies. C. Big Game Hunting. * * * * * * * * 3. Condition A5 applies. * * * * * Julia Butler Hansen Refuge for the Columbian White-Tailed Deer A. Migratory Game Bird Hunting. We allow hunting of goose, duck, coot, and common snipe on designated areas of the Hunting Island Unit in accordance with State regulations subject to the following conditions: 1. You may possess only approved nontoxic shot while in the field (see § 32.2(k)). 2. You may not shoot or discharge any firearm from, across, or along a public highway, designated route of travel, road, road shoulder, road embankment, or designated parking area. * * * * * C. Big Game Hunting. We allow hunting of elk on designated areas of the refuge in accordance with State regulations subject to the following conditions: 1. We conduct the refuge hunt by State permit only. We require hunters to VerDate jul<14>2003 15:36 Jul 11, 2005 Jkt 205001 possess and carry current Washington State elk licenses, valid for the refuge’s hunt unit. 2. We allow a maximum of ten hunters to use the refuge in any one day, with one hunt period consisting of 5 consecutive days (Monday through Friday only). 3. We allow a maximum of four hunt periods per hunt season; two regular permit hunts, and if required, two ‘‘as needed’’ permit hunts. 4. We will use the State Second Elk Tag As-Needed hunt program as necessary to control elk numbers during months outside the normal hunting season, except we prohibit hunting during the period April through August. 5. The State will publish the hunting dates, number of permits to be issued, and other regulations for the refuge hunt in the State’s Big Game Hunting pamphlet. You may also obtain this information by contacting the refuge headquarters. 6. We allow hunting of elk using muzzleloading firearms only. 7. We require hunters to attend a refuge-specific orientation session each year prior to hunting on the refuge. 8. We allow hunting on Mondays through Fridays only. We close the refuge to hunting on weekends and Federal holidays. 9. We require hunters to sign in and out each day at the refuge headquarters. When signing out for the day, you must report hunting success, failure, and any hit-but-not retrieved animals. 10. No more than one unlicensed person may assist each licensed hunter during the hunt. 11. Additional persons may assist hunters during elk retrieval only. 12. We prohibit hunters from operating motorized vehicles on the refuge. 13. Condition A2 applies. * * * * * Little Pend Oreille National Wildlife Refuge A. Migratory Game Bird Hunting. We allow hunting of migratory game birds on designated areas of the refuge in accordance with State regulations subject to the following conditions: 1. We prohibit waterfowl hunting on any creek or stream. 2. We allow hunting during approved State hunting seasons occurring September through December and during the State spring wild turkey season only. We prohibit hunting and discharge of firearms during all other periods. 3. You may not shoot or discharge any firearm from, across, or along a public highway, designated route of travel, PO 00000 Frm 00047 Fmt 4701 Sfmt 4702 40153 road, road shoulder, road embankment, or designated parking area. B. Upland Game Hunting. We allow hunting of upland game on designated areas of the refuge in accordance with State regulations subject to the following conditions: 1. We prohibit use of dogs except for hunting and retrieving upland game birds. 2. Conditions A2 and A3 apply. C. Big Game Hunting. We allow hunting of big game on designated areas of the refuge in accordance with State regulations subject to the following conditions: 1. We prohibit all use of dogs for hunting of big game. 2. Conditions A2 and A3 apply. * * * * * McNary National Wildlife Refuge A. Migratory Game Bird Hunting. * * * * * * * * 14. You may not shoot or discharge any firearm from, across, or along a public highway, designated route of travel, road, road shoulder, road embankment, or designated parking area. B. Upland Game Hunting. * * * * * * * * 5. Condition A14 applies. C. Big Game Hunting. We allow hunting of deer only on the Stateline, Juniper Canyon, and Wallula Units in accordance with State regulations subject to the following conditions: 1. On the Wallula Unit, we only allow shotgun and archery hunting. 2. Condition A14 applies. * * * * * Ridgefield National Wildlife Refuge A. Migratory Game Bird Hunting. We allow hunting of goose, duck, and coot on designated areas of the refuge in accordance with State regulations subject to the following conditions: 1. We allow hunting by special refuge permit only. You must possess and carry the special refuge permit at all times while hunting. 2. You may not shoot or discharge any firearm from, across, or along a public highway, designated route of travel, road, road shoulder, road embankment, or designated parking area. * * * * * D. Sport Fishing. We allow fishing and frogging on designated areas of the refuge in accordance with State regulations subject to the following conditions: 1. We allow fishing and frogging from March 1 through September 30 only. 2. We allow fishing and frogging from legal sunrise to legal sunset only. E:\FR\FM\12JYP2.SGM 12JYP2 40154 Federal Register / Vol. 70, No. 132 / Tuesday, July 12, 2005 / Proposed Rules Toppenish National Wildlife Refuge A. Migratory Game Bird Hunting. * * * * * * * * 9. You may not shoot or discharge any firearm from, across, or along a public highway, designated route of travel, road, road shoulder, road embankment, or designated parking area. B. Upland Game Hunting. * * * * * * * * 4. Condition A9 applies. * * * * * Umatilla National Wildlife Refuge A. Migratory Game Bird Hunting. * * * * * * * * 9. You may not shoot or discharge any firearm from, across, or along a public highway, designated route of travel, road, road shoulder, road embankment, or designated parking area. B. Upland Game Hunting. * * * * * * * * 3. Condition A9 applies. C. Big Game Hunting. We allow hunting of deer on designated areas of the refuge in accordance with State regulations subject to the following conditions: 1. We allow hunting by special refuge permit only. You must possess and carry the special refuge permit at all times while hunting. 2. Condition A9 applies. * * * * * Willapa National Wildlife Refuge A. Migratory Game Bird Hunting. * * * * * * * * 7. You may not shoot or discharge any firearm from, across, or along a public highway, designated route of travel, road, road shoulder, road embankment, or designated parking area. B. Upland Game Hunting. * * * * * * * * 5. Condition A7 applies. C. Big Game Hunting. We allow hunting of deer, elk, and bear on Long Island, and deer and elk only in VerDate jul<14>2003 15:36 Jul 11, 2005 Jkt 205001 designated areas of the refuge north of the Bear River and east of Wallapa Bay, in accordance with State regulations subject to the following conditions: * * * * * 3. We prohibit bear hunting on any portion of the refuge except Long Island. * * * * * 5. Condition A7 applies. * * * * * 39. Amend § 32.69 Wisconsin by revising paragraphs B.1. and B.4., adding paragraph B.6., and revising paragraph C. of Necedah National Wildlife Refuge to read as follows: § 32.69 * Wisconsin. * * * * Necedah National Wildlife Refuge * * * * * B. Upland Game Hunting. * * * 1. Shotgun hunters may possess only approved nontoxic shot while hunting on the refuge (see § 32.2(k)). This includes turkey hunters. * * * * * 4. You may use dogs only when hunting migratory game birds and upland game (except raccoon). * * * * * 6. You may possess only unloaded guns in the retrieval zone of the Refuge Area 2 between 20th Street West and Suk-Cerney flowage during the State waterfowl hunting season, except while hunting deer during the gun deer season. C. Big Game Hunting. We allow hunting of white-tailed deer on designated areas of the refuge in accordance with State regulations subject to the following conditions: 1. We prohibit possession of a loaded firearm or a nocked arrow on a bow within 50 feet (15 m) of the centerline of all public roads. Also, during the gun deer season, we prohibit possession of a loaded firearm within 50 feet (15 m) of the center of refuge trails, and we prohibit discharge of guns from, across, down, or alongside these trails. 2. We prohibit possession of a centerfire rifle capable of holding more than seven cartridges. PO 00000 Frm 00048 Fmt 4701 Sfmt 4702 3. We prohibit construction or use of permanent blinds, stands, or ladders. 4. You may use portable elevated devices but must lower them to ground level at the close of shooting hours each day. You must remove all blinds, stands, platforms, and ladders from the refuge at the end of the hunting season (see §§ 27.93 and 27.94 of this chapter). 5. Hunters must clearly mark all nonnatural blinds, stands, platforms, and ladders on the exterior with the owner’s name and address in letters that are 1 inch (2.5 cm) high. You may also use an attached metal tag with stamped or engraved lettering that is clearly visible. 6. We permanently close Refuge Area 1 to all hunting. 7. Refuge Area 2 is open to deer hunting during State archery, gun, and muzzleloader seasons, except for any October special Zone-T gun hunts. 8. Refuge Area 3 is open to deer hunting during the State regular gun, muzzleloader, and late archery seasons. Unarmed deer hunters may enter Area 3 to scout beginning the Saturday prior to the gun deer season. 9. We prohibit target or practice shooting. 10. You may utilize clothes pins marked with flagging or reflective material. We allow no other types of marking. You must clearly identify the owner’s name and address on the clothes pin or the flagging itself. Hunters must remove all clothes pins by the last day of archery season. 11. Beginning the Saturday prior to the opening of the State regular gun deer season, you may use nonmotorized boats on Sprague-Goose Pools until freeze-up in order to access areas for deer hunting. * * * * * Dated: June 27, 2005. Craig Manson, Assistant Secretary for Fish and Wildlife and Parks. [FR Doc. 05–13165 Filed 7–6–05; 4:09 pm] BILLING CODE 4310–55–P E:\FR\FM\12JYP2.SGM 12JYP2

Agencies

[Federal Register Volume 70, Number 132 (Tuesday, July 12, 2005)]
[Proposed Rules]
[Pages 40108-40154]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-13165]



[[Page 40107]]

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Part II





Department of the Interior





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Fish and Wildlife Service



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50 CFR Part 32



2005-2006 Refuge-Specific Hunting and Sport Fishing Regulations; 
Proposed Rule

Federal Register / Vol. 70, No. 132 / Tuesday, July 12, 2005 / 
Proposed Rules

[[Page 40108]]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 32

RIN 1018-AU14


2005-2006 Refuge-Specific Hunting and Sport Fishing Regulations

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule.

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SUMMARY: The Fish and Wildlife Service proposes to add six refuges to 
the list of areas open for hunting and/or sport fishing programs and 
increase the activities available at seven other refuges. We also 
propose to implement pertinent refuge-specific regulations for those 
activities and amend certain regulations on other refuges that pertain 
to migratory game bird hunting, upland game hunting, big game hunting, 
and sport fishing for the 2005-2006 season.

DATES: We must receive your comments on or before August 5, 2005.

ADDRESSES: Submit written comments to Chief, Division of Conservation 
Planning and Policy, National Wildlife Refuge System, U.S. Fish and 
Wildlife Service, 4401 N. Fairfax Drive, Room 670, Arlington, VA 22203. 
See SUPPLEMENTARY INFORMATION for information on electronic submission. 
For information on specific refuges' public use programs and the 
conditions that apply to them or for copies of compatibility 
determinations for any refuge(s), contact individual programs at the 
addresses/phone numbers given in ``Available Information for Specific 
Refuges'' under SUPPLEMENTARY INFORMATION.

FOR FURTHER INFORMATION CONTACT: Leslie A. Marler, (703) 358-2397; Fax 
(703) 358-2248.

SUPPLEMENTARY INFORMATION: The National Wildlife Refuge System 
Administration Act of 1966 closes national wildlife refuges in all 
States except Alaska to all uses until opened. The Secretary of the 
Interior (Secretary) may open refuge areas to any use, including 
hunting and/or sport fishing, upon a determination that such uses are 
compatible with the purposes of the refuge and National Wildlife Refuge 
System (Refuge System or we) mission. The action also must be in 
accordance with provisions of all laws applicable to the areas, 
developed in coordination with the appropriate State fish and wildlife 
agency(ies), consistent with the principles of sound fish and wildlife 
management and administration, and otherwise in the public interest. 
These requirements ensure that we maintain the biological integrity, 
diversity, and environmental health of the Refuge System for the 
benefit of present and future generations of Americans.
    We annually review refuge hunting and sport fishing programs to 
determine whether to include additional refuges or whether individual 
refuge regulations governing existing programs need modifications, 
deletions, or additions. Changing environmental conditions, State and 
Federal regulations, and other factors affecting fish and wildlife 
populations and habitat may warrant modifications to refuge-specific 
regulations to ensure the continued compatibility of hunting and sport 
fishing programs and to ensure that these programs will not materially 
interfere with or detract from the fulfillment of refuge purposes or 
the Refuge System's mission.
    Provisions governing hunting and sport fishing on refuges are in 
Title 50 of the Code of Federal Regulations in part 32 (50 CFR part 
32). We regulate hunting and sport fishing on refuges to:
     Ensure compatibility with refuge purpose(s);
     Properly manage the fish and wildlife resource(s);
     Protect other refuge values;
     Ensure refuge visitor safety; and
     Provide opportunities for quality wildlife-dependent 
recreation.
    On many refuges where we decide to allow hunting and sport fishing, 
our general policy of adopting regulations identical to State hunting 
and sport fishing regulations is adequate in meeting these objectives. 
On other refuges, we must supplement State regulations with more-
restrictive Federal regulations to ensure that we meet our management 
responsibilities, as outlined in the ``Statutory Authority'' section. 
We issue refuge-specific hunting and sport fishing regulations when we 
open wildlife refuges to migratory game bird hunting, upland game 
hunting, big game hunting, or sport fishing. These regulations list the 
wildlife species that you may hunt or fish, seasons, bag or creel 
limits, methods of hunting or sport fishing, descriptions of areas open 
to hunting or sport fishing, and other provisions as appropriate. You 
may find previously issued refuge-specific regulations for hunting and 
sport fishing in 50 CFR part 32. In this rulemaking, we are also 
proposing to standardize and clarify the existing language of these 
regulations.

Plain Language Mandate

    In this rule we made some of the revisions to the individual refuge 
units to comply with a Presidential mandate to use plain language in 
regulations; as such, these particular revisions do not modify the 
substance of the previous regulations. These types of changes include 
using ``you'' to refer to the reader and ``we'' to refer to the 
Service, using the word ``allow'' instead of ``permit'' when we do not 
require the use of a permit for an activity, and using active voice.

Statutory Authority

    The National Wildlife Refuge System Administration Act 
(Administration Act) of 1966 (16 U.S.C. 668dd-668ee, as amended) and 
the Refuge Recreation Act (Recreation Act) of 1962 (16 U.S.C. 460k-
460k-4) govern the administration and public use of refuges.
    Amendments enacted by the National Wildlife Refuge System 
Improvement Act of 1997 (Improvement Act) build upon the Administration 
Act in a manner that provides an ``organic act'' for the Refuge System 
similar to those that exist for other public Federal lands. The 
Improvement Act serves to ensure that we effectively manage the Refuge 
System as a national network of lands, waters, and interests for the 
protection and conservation of our Nation's wildlife resources. The 
Administration Act states first and foremost that we focus 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. 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 Act established six wildlife-dependent recreational uses, 
when compatible, as the priority general public uses of the Refuge 
System. These uses are: hunting, fishing, wildlife observation and 
photography, and environmental education and interpretation.
    The Recreation Act authorizes the Secretary to administer areas 
within the Refuge System for public recreation as an appropriate 
incidental or secondary use only to the extent that doing so is 
practicable and not inconsistent with the primary purpose(s) for which 
Congress and the Service established the areas. The Recreation Act 
requires that any recreational use of refuge lands be compatible with 
the primary purpose(s) for which we established the refuge and

[[Page 40109]]

not inconsistent with other previously authorized operations.
    The Administration Act and Recreation Act also authorize the 
Secretary to issue regulations to carry out the purposes of the Acts 
and regulate uses.
    We develop specific management plans for each refuge prior to 
opening it to hunting or sport fishing. In many cases, we develop 
refuge-specific regulations to ensure the compatibility of the programs 
with the purpose(s) for which we established the refuge and the Refuge 
System mission. We ensure initial compliance with the Administration 
Act and the Recreation Act for hunting and sport fishing on newly 
acquired refuges through an interim determination of compatibility made 
at or near the time of acquisition. These regulations ensure that we 
make the determinations required by these acts prior to adding refuges 
to the lists of areas open to hunting and sport fishing in 50 CFR part 
32. We ensure continued compliance by the development of comprehensive 
conservation plans, specific plans, and by annual review of hunting and 
sport fishing programs and regulations.

New Hunting and Sport Fishing Programs

    In preparation for new openings, we include the following documents 
in each refuge's ``opening package'' (which the Region completes, the 
Regional Director reviews, and the refuge copies and sends to the 
Headquarters Office for review of compliance with the various opening 
requirements): (1) Step-down management plan; (2) appropriate National 
Environmental Policy Act (NEPA) documentation (e.g., Categorical 
Exclusion, Environmental Assessment, or Environmental Impact 
Statement); (3) appropriate NEPA decision documentation (e.g., Finding 
of No Significant Impact, Record of Decision); (4) Endangered Species 
Act Section 7 evaluation; (5) copies of letters requesting State and, 
where appropriate, Tribal involvement and the results of the 
request(s); (6) draft news release; (7) outreach plan; and (8) draft 
refuge-specific regulation. Upon approval of these documents, the 
Regional Director(s) is certifying that the opening of these refuges to 
hunting and/or sport fishing has been found to be compatible with the 
principles of sound fish and wildlife management and administration and 
otherwise will be in the public interest.
    In accordance with the Administration Act and Recreation Act, we 
have determined that these openings are compatible and consistent with 
the purpose(s) for which we established the respective refuges and the 
Refuge System mission. A copy of the compatibility determinations for 
these respective refuges is available by request to the Regional office 
noted under the heading ``Available Information for Specific Refuges.''
    The annotated chart below reflects the following changes for the 
2005-2006 season. The key below the chart explains the symbols used:

                                     Changes for 2005-2006 Hunt/Fish Season
----------------------------------------------------------------------------------------------------------------
                                               Migratory bird    Upland game        Big game
             Unit                   State         hunting          hunting          hunting       Sport fishing
----------------------------------------------------------------------------------------------------------------
Assabet River NWR.............           MA                A                A                A                A
Great Meadows NWR.............           MA                B                                 B                E
Moosehorn NWR.................           ME                B                B                C   ...............
Oxbow NWR.....................           MA                C                C                B   ...............
Silvio O. Conte NWR...........           NH                A                A                A   ...............
Wertheim NWR..................           NY                                                  B                *
Cahaba River NWR..............           AL                                 A                A                A
Julia Butler Hansen NWR.......           WA                *                                 B   ...............
Stone Lakes NWR...............           CA                A
Glacial Ridge NWR.............           MN                A                A                A
Squaw Creek NWR...............           MO                B                                 *                *
Sacramento River NWR..........           CA                B                B                B                D
San Bernardino NWR............           AZ                E                *
Stewart B. McKinney NWR.......           CT                A
Pocasse NWR...................           SD                                 F
Rock Lake NWR.................           ND                                                 F
----------------------------------------------------------------------------------------------------------------
 A. refuge added to part 32 and activity(ies) opened
 B. refuge already listed in part 32; added hunt category
 C. refuge already listed in part 32; species added to hunt category
 D. refuge already listed in part 32; land added
 E. refuge opened to that activity for many years but never listed in part 32; correcting administrative
  oversight
 F. refuge removed from part 32 (explanation below)
 *Previously published.

    We are adding 6 refuges to the list of open refuges in part 32 and 
increasing hunt categories at 7 refuges already listed in part 32.
    Lands acquired as ``waterfowl production areas,'' which we 
generally manage as part of wetland management districts, are open to 
the hunting of migratory game birds, upland game, big game, and sport 
fishing subject to the provisions of State law and regulations (see 50 
CFR 32.1 and 32.4). We are adding these existing wetland management 
districts (WMDs) to the list of refuges open for all four activities in 
50 CFR part 32 this year: Big Stone WMD, Minnesota Valley WMD both in 
the State of Minnesota; and Arrowwood WMD, Audubon WMD, Chase Lake WMD, 
Crosby WMD, J. Clark Salyer WMD, Kulm WMD, Lostwood WMD, Long Lake WMD, 
Tewaukon WMD, and Valley City WMD all in the State of North Dakota.
    We are correcting the following administrative errors in 50 CFR 
part 32: we are removing Pocasse National Wildlife Refuge in the State 
of South Dakota as it was an easement refuge, and it is no longer a 
part of the Refuge System; we are removing Rock Lake National Wildlife 
Refuge in the State of North Dakota as it closed to hunting in 1996; we 
are adding Great Meadows in the State of Massachusetts as open to 
fishing as it has been open to that opportunity for years but never 
reflected in 50 CFR part 32; and we are adding migratory bird hunting 
to San

[[Page 40110]]

Bernardino National Wildlife Refuge in the State of Arizona, as it has 
been open to that opportunity since 1986, and that was never reflected 
in 50 CFR part 32.
    This document proposes to codify in the Code of Federal 
Regulations, all of the Service's hunting and/or sport fishing 
regulations that are applicable at Refuge System units previously 
opened to hunting and/or sport fishing. We are doing this to better 
inform the general public of the requirements at each refuge, to 
increase understanding and compliance with these requirements, and to 
make enforcement of these regulations more efficient. In addition to 
now finding these conditions in 50 CFR part 32, visitors to our refuges 
will usually find these terms and conditions reiterated in literature 
distributed by each refuge or posted on signs.
    We have cross-referenced a number of existing regulations in 50 CFR 
parts 26, 27, and 32 to assist hunting and sport fishing visitors with 
understanding safety and other legal requirements on refuges. This 
redundancy is deliberate, with the intention of improving safety and 
compliance in our hunting and sport fishing programs.

Fish Advisory

    For health reasons, anglers should review and follow State-issued 
consumption advisories before enjoying recreational sport fishing 
opportunities on Service-managed waters. You can find information about 
current fish consumption advisories on the Internet at: https://
www.epa.gov/ost/fish/.

Request for Comments

    You may comment on this proposed rule by any one of several 
methods:
    1. Federal eRulemaking Portal at https://www.regulations.gov. Follow 
the instructions at that site for submitting comments.
    2. You may mail comments to: Chief, Division of Conservation 
Planning and Policy, National Wildlife Refuge System, U.S. Fish and 
Wildlife Service, 4401 N. Fairfax Drive, Room 670, Arlington, VA 22203.
    3. You may comment via the Internet to: 
refugesystempolicycomments@fws.gov. Please submit Internet comments as 
an ASCII file, avoiding the use of special characters and any form of 
encryption. Please also include: ``Attn: 1018-AU14'' and your full name 
and return mailing address in your Internet message. If you only use 
your e-mail address, we will consider your comment to be anonymous and 
will not consider it in the final rule. If you do not receive a 
confirmation from the system that we have received your Internet 
message, contact us directly at (703) 358-2036.
    4. You may fax comments to: Chief, Division of Conservation 
Planning and Policy, National Wildlife Refuge System, at (703) 358-
2248.
    5. Finally, you may hand-deliver or courier comments to the address 
mentioned above. In light of increased security measures, please call 
(703) 358-2036 before hand delivering comments.
    We seek comments on this proposed rule and will accept comments by 
any of the methods described above. Our practice is to make comments, 
including the names and home addresses of respondents, available for 
public review during regular business hours. Individual respondents may 
request that we withhold their home addresses from the rulemaking 
record, which we will honor to the extent allowable by law. Also, in 
some circumstances, we would withhold from the rulemaking record a 
respondent's identity, as allowable by law. If you wish for us to 
withhold your name and/or address, you must state this request 
prominently at the beginning of your comment. However, we will not 
consider anonymous comments. We will make all submissions from 
organizations or businesses and from individuals identifying themselves 
as representatives or officials of organizations or businesses 
available for public inspection in their entirety.
    Department of the Interior policy is, whenever practicable, to 
afford the public a meaningful opportunity to participate in the 
rulemaking process. We considered providing a 60-day, rather than a 30-
day, comment period. However, we determined that an additional 30-day 
delay in processing these refuge-specific hunting and sport fishing 
regulations would hinder the effective planning and administration of 
our hunting and sport fishing programs. That delay would jeopardize 
establishment of hunting and sport fishing programs this year, or 
shorten their duration. Many of these rules also relieve restrictions 
and allow the public to participate in recreational activities on a 
number of refuges. In addition, in order to continue to provide for 
previously authorized hunting opportunities while at the same time 
providing for adequate resource protection, we must be timely in 
providing modifications to certain hunting programs on some refuges.
    When finalized, we will incorporate this regulation into 50 CFR 
part 32. Part 32 contains general provisions and refuge-specific 
regulations for hunting and sport fishing on refuges.

Clarity of This Regulation

    Executive Order (E.O.) 12866 requires each agency to write 
regulations that are easy to understand. We invite your comments on how 
to make this rule easier to understand, including answers to questions 
such as the following: (1) Are the requirements in the rule clearly 
stated? (2) Does the rule contain technical language or jargon that 
interferes with its clarity? (3) Does the format of the rule (grouping 
and order of sections, use of headings, paragraphing, etc.) aid or 
reduce its clarity? (4) Would the rule be easier to understand if it 
were divided into more (but shorter) sections? (5) Is the description 
of the rule in the ``Supplementary Information'' section of the 
preamble helpful in understanding the rule? (6) What else could we do 
to make the rule easier to understand? Send a copy of any comments on 
how we could make this proposed rule easier to understand to: Office of 
Regulatory Affairs, Department of the Interior, Room 7229, 1849 C 
Street, NW., Washington, DC 20240. You may e-mail your comments to: 
Execsec@ios.doi.gov.

Regulatory Planning and Review

    In accordance with the criteria in Executive Order 12866, the 
Service asserts that this rule is not a significant regulatory action. 
The Office of Management and Budget (OMB) makes the final determination 
under Executive Order 12866.
    a. This rule will not have an annual economic effect of $100 
million or adversely affect an economic sector, productivity, jobs, the 
environment, or other units of the government. A cost-benefit and full 
economic analysis is not required. However, a brief assessment follows 
to clarify the costs and benefits associated with the proposed rule.
    The purpose of this rule is to add six refuges to the list of areas 
open for hunting and/or sport fishing programs and increase the 
activities available at seven other refuges. The refuges are located in 
the States of Alabama, California, Connecticut, Maine, Massachusetts, 
Minnesota, Missouri, New Hampshire, New York, and Washington. Fishing 
and hunting are two of the wildlife-dependent uses of national wildlife 
refuges that Congress recognizes as legitimate and appropriate, and we 
should facilitate their pursuit, subject to such restrictions or 
regulations as may be necessary to ensure their compatibility with the 
purpose of each refuge. Many of the 545 existing national wildlife 
refuges already have programs where we allow fishing and hunting. Not 
all refuges

[[Page 40111]]

have the necessary resources and landscape that would make fishing and 
hunting opportunities available to the public. By opening these refuges 
to new activities, we have determined that we can make quality 
experiences available to the public. This rule establishes hunting and/
or fishing programs and expands existing activities at the following 
refuges: Cahaba River National Wildlife Refuge in Alabama, Sacramento 
River and Stone Lakes National Wildlife Refuges in California, Stewart 
B. McKinney National Wildlife Refuge in Connecticut, Moosehorn National 
Wildlife Refuge in Maine, Assabet River, Great Meadows, and Oxbow 
National Wildlife Refuges in Massachusetts, Glacial Ridge National 
Wildlife Refuge in Minnesota, Squaw Creek National Wildlife Refuge in 
Missouri, Silvio O. Conte National Wildlife Refuge in New Hampshire, 
Wertheim National Wildlife Refuge in New York, and Julia Butler Hansen 
Refuge for the Columbian White-Tailed Deer in Washington.
    We are correcting the following administrative errors in 50 CFR 
part 32: we are removing Pocasse National Wildlife Refuge in the State 
of South Dakota as it was an easement refuge, and it is no longer a 
part of the Refuge System; we are removing Rock Lake National Wildlife 
Refuge in the State of North Dakota as it closed to hunting back in 
1996. Since both of these closures happened years ago, and we are just 
correcting 50 CFR part 32 to reflect this, there is no appreciable 
economic impact.
    Lands acquired as ``waterfowl production areas,'' which we 
generally manage as part of wetland management districts (WMDs), are 
open to the hunting of migratory game birds, upland game, big game, and 
sport fishing subject to the provisions of State law and regulations 
(see 50 CFR 32.1 and 32.4). We are adding these existing WMDs to the 
list of refuges open for all four activities in part 32 this year: Big 
Stone WMD and Minnesota Valley WMD, both in the State of Minnesota; and 
Arrowwood WMD, Audubon WMD, Chase Lake WMD, Crosby WMD, J. Clark Salyer 
WMD, Kulm WMD, Lostwood WMD, Long Lake WMD, Tewaukon WMD, and Valley 
City WMD, all in the State of North Dakota. We do not expect any change 
in visitation rates at these wetland management districts because 
recreationists currently have the option to participate in these 
activities. Therefore, there are no new economic impacts from the 
addition of these wetland management districts to the list in 50 CFR 
part 32.

Costs Incurred

    Costs incurred by this proposed regulation would be minimal, if 
any. We expect any law enforcement or other refuge actions related to 
recreational activities to be included in any usual monitoring of the 
refuge. Therefore, we expect any costs to be negligible.

Benefits Accrued

    Benefits from this proposed regulation would be derived from the 
new fishing and hunting days from opening the refuges to these 
activities. If the refuges establishing new fishing and hunting 
programs were a pure addition to the current supply of such activities, 
it would mean an estimated increase of 7,455 user days of hunting and 
12,000 user days of fishing (Table 1).
    These new fishing and hunting days would generate: (1) Consumer 
surplus (the net benefit received by recreationists); and (2) 
expenditures associated with fishing and hunting on the refuges.

                   Table 1.--Estimated Change in Fishing and Hunting Opportunities in 2005/06
----------------------------------------------------------------------------------------------------------------
                                                      Current                                          Total
                                                  hunting and/or    Additional      Additional      additional
                     Refuge                        fishing days    fishing days    hunting days     fishing and
                                                      (FY04)                                       hunting days
----------------------------------------------------------------------------------------------------------------
Assabet River...................................  ..............           3,000             130           3,130
Great Meadows...................................          49,050  ..............             125             125
Moosehorn.......................................          43,500  ..............             985             985
Oxbow...........................................          18,886  ..............             128             128
Silvio O. Conte.................................  ..............  ..............              65              65
Wertheim........................................          14,750  ..............           1,406           1,406
Cahaba River....................................  ..............           8,000           2,200          10,200
Julia Butler Hansen.............................           2,660  ..............              20              20
Stone Lakes.....................................  ..............  ..............              14              14
Glacial Ridge...................................  ..............  ..............              87              87
Squaw Creek.....................................             353  ..............             300             300
Sacramento River................................  ..............           1,000           1,005           2,005
San Bernardino..................................              45  ..............  ..............               0
Stewart B. McKinney.............................  ..............  ..............             990             990
                                                 -----------------
    Total days per year.........................         129,244          12,000           7,455          19,455
----------------------------------------------------------------------------------------------------------------

    Assuming the new days are a pure addition to the current supply, 
the additional days would create consumer surplus of approximately 
$919,000 annually ([7,455 days x $47.32 CS per day] + [12,000 days x 
$47.07 CS per day]) (Table 2). However, the participation trend is flat 
in fishing and hunting activities because the number of Americans 
participating in these activities has been stagnant since 1991. Any 
increase in the supply of these activities introduced by adding refuges 
where the activity is available will most likely be offset by other 
sites losing participants, especially if the new sites have higher 
quality fishing and/or hunting opportunities. Therefore, the additional 
consumer surplus is more likely to be smaller.

[[Page 40112]]



   Table 2.--Estimated Change in Consumer Surplus From Additional Fishing and Hunting Opportunities in 2005/06
                                                    (2004 $)
----------------------------------------------------------------------------------------------------------------
                                                                                                   Total fishing
                                                                      Fishing         Hunting        & hunting
----------------------------------------------------------------------------------------------------------------
Total additional days...........................................          12,000           7,455          19,455
Consumer surplus per day \1\....................................          $47.32          $47.07  ..............
Change in total consumer surplus................................        $567,840        $350,907       $918,747
----------------------------------------------------------------------------------------------------------------
\1\ Due to the unavailability of consistent consumer surplus estimates for these various site-specific
  activities, a national consumer surplus estimate is used for this analysis. The estimates are from: Kaval, Pam
  and John Loomis. ``Updated Outdoor Recreation Use Values with Emphasis on National Park Recreation.'' October
  2003.

    In addition to benefits derived from consumer surplus, this 
proposed rule would also have benefits from the recreation-related 
expenditures. Due to the unavailability of site specific expenditure 
data, we use the national estimates from the 2001 National Survey of 
Fishing, Hunting, and Wildlife Associated Recreation to identify 
expenditures for food and lodging, transportation, and other incidental 
expenses. Using the average expenditures for these categories with the 
expected maximum additional participation on the Refuge System yields 
approximately $818,000 in fishing-related expenditures and $718,000 in 
hunting-related expenditures (Table 3).

   Table 3.--Estimation of the Additional Expenditures With an Increase of Activities in Seven Refuges and the
                          Opening of Six Refuges to Fishing and/or Hunting for 2005/06
----------------------------------------------------------------------------------------------------------------
                                                                                       Current
                                                                                       refuge
                                                                         Average    expenditures     Possible
                                            U.S. total expenditures   expenditures       w/o        additional
                                                    in 2001              per day     duplication      refuge
                                                                                      (FY2004)     expenditures
                                                                                        (Mil)
----------------------------------------------------------------------------------------------------------------
                                                     Anglers
----------------------------------------------------------------------------------------------------------------
Total days spent.........................  557 Mil..................  ............          $7.0         $12,000
Total expenditures.......................  38.0 Bil.................           $68         453.6         818,231
Trip related.............................  15.6 Bil.................            28         186.6         336,549
Food and lodging.........................  6.3 Bil..................            11          74.9         135,046
Transportation...........................  3.8 Bil..................             7          44.8          80,733
Other....................................  5.6 Bil..................            10          66.9         120,769
------------------------------------------
                                                     Hunters
----------------------------------------------------------------------------------------------------------------
Total days spent.........................  228 Mil..................  ............           2.4           7,455
Total expenditures.......................  22.0 Bil.................            96         212.0         717,668
Trip related.............................  5.6 Bil..................            25          54.0         182,886
Food and lodging.........................  2.6 Bil..................            11          25.2          85,306
Transportation...........................  1.9 Bil..................             8          18.0          62,303
Other....................................  1.1 Bil..................             5          10.4          35,277
----------------------------------------------------------------------------------------------------------------

    By having ripple effects throughout the economy, these direct 
expenditures are only part of the economic impact of waterfowl hunting. 
Using a national impact multiplier for hunting activities (2.73) 
derived from the report ``Economic Importance of Hunting in America'' 
and a national impact multiplier for sportfishing activities (2.79) 
from the report ``Sportfishing in America'' for the estimated increase 
in direct expenditures yields a total economic impact of approximately 
$4.2 million (2004 dollars) (Southwick Associates, Inc., 2003). (Using 
a local impact multiplier would yield more accurate and smaller 
results. However, we employed the national impact multiplier due to the 
difficulty in developing local multipliers for each specific region.)
    Since we know that most of the fishing and hunting occurs within 
100 miles of a participant's residence, then it is unlikely that most 
of this spending would be ``new'' money coming into a local economy 
and, therefore, this spending would be offset with a decrease in some 
other sector of the local economy. The net gain to the local economies 
would be no more than $4.2 million, and most likely considerably less. 
Since 80 percent of the participants travel less than 100 miles to 
engage in hunting and fishing activities, their spending patterns would 
not add new money into the local economy and, therefore, the real 
impact would be on the order of $848,000 annually.
    In summary, we estimate that the additional fishing and hunting 
opportunities would yield approximately $919,000 in consumer surplus 
and $848,000 in recreation-related expenditures annually. The 10-year 
quantitative benefit for this rule would be $17.7 million ($15.5 
million discounted at 3 percent or $13.3 million discounted at 7 
percent).
    b. This proposed rule will not create inconsistencies with other 
agencies' actions. This action pertains solely to the management of the 
Refuge System. The fishing and hunting activities located on national 
wildlife refuges account for approximately 1 percent of the available 
supply in the United States. Any small, incremental change in the 
supply of fishing and hunting opportunities will not measurably impact 
any other agency's existing programs.

[[Page 40113]]

    c. This proposed rule will not materially affect entitlements, 
grants, user fees, loan programs, or the rights and obligations of 
their recipients. This proposed rule does not affect entitlement 
programs. There are no grants or other Federal assistance programs 
associated with public use of national wildlife refuges.
    d. This proposed rule will not raise novel legal or policy issues. 
This proposed rule opens six additional refuges for fishing and hunting 
programs and increases the activities available at seven other refuges. 
This proposed rule continues the practice of allowing recreational 
public use of national wildlife refuges. Many refuges in the Refuge 
System currently have opportunities for the public to hunt and fish on 
refuge lands.

Regulatory Flexibility Act

    Under the Regulatory Flexibility Act (as amended by the Small 
Business Regulatory Enforcement Fairness Act [SBREFA] of 1996) (5 
U.S.C. 601, et seq.), whenever a Federal agency is required to publish 
a notice of rulemaking for any proposed or final rule, it must prepare 
and make available for public comment a regulatory flexibility analysis 
that describes the effect of the rule on small entities (i.e., small 
businesses, small organizations, and small government jurisdictions). 
However, no regulatory flexibility analysis is required if the head of 
an agency certifies that the rule would not have a significant economic 
impact on a substantial number of small entities. Thus, for a 
regulatory flexibility analysis to be required, impacts must exceed a 
threshold for ``significant impact'' and a threshold for a 
``substantial number of small entities.'' See 5 U.S.C. 605(b). SBREFA 
amended the Regulatory Flexibility Act to require Federal agencies to 
provide a statement of the factual basis for certifying that a rule 
would not have a significant economic impact on a substantial number of 
small entities.
    This proposed rule does not increase the number of recreation types 
allowed on the System but establishes hunting and/or fishing programs 
on six refuges and expands activities at seven other refuges. As a 
result, opportunities for wildlife-dependent recreation on national 
wildlife refuges will increase. The changes in the amount of allowed 
use are likely to increase visitor activity on these national wildlife 
refuges. But, as stated in the Regulatory Planning and Review section, 
this is likely to be a substitute site for the activity and not 
necessarily an increase in participation rates for the activity. To the 
extent visitors spend time and money in the area of the refuge that 
they would not have spent there anyway, they contribute new income to 
the regional economy and benefit local businesses.
    Many small businesses within the retail trade industry (such as 
hotels, gas stations, taxidermy shops, bait and tackle shops, etc.) may 
benefit from some increased refuge visitation. A large percentage of 
these retail trade establishments in the majority of affected counties 
qualify as small businesses (Table 4).
    We expect that the incremental recreational opportunities will be 
scattered, and so we do not expect that the rule will have a 
significant economic effect (benefit) on a substantial number of small 
entities in any region or nationally. Using the estimate derived in the 
Regulatory Planning and Review section, we expect approximately 
$848,000 to be spent in total in the refuges' local economies. The 
maximum increase ($4.2 million if all spending were new money) at most 
would be less than 1 percent for local retail trade spending (Table 4).

 Table 4.--Comparative Expenditures for Retail Trade Associated With Additional Refuge Visitation for 2005/2006
----------------------------------------------------------------------------------------------------------------
                                   Retail trade      Estimated
                                  in 1997  (2004      maximum      Addition as a   Total number     Establish.
       Refuge/County(ies)            dollars)      addition from    % of total        retail      with < 10 emp.
                                       (Mil)        new refuge                      establish.
----------------------------------------------------------------------------------------------------------------
Assabet River, Middlesex, MA....        17,021.1        $148,079          0.0009           5,701           3,697
Great Meadows, Middlesex, MA....        17,021.1           5,884          0.0001           5,701           3,697
Moosehorn, Washington, ME.......       306,233.4          46,364          0.0151             281             206
Oxbow:
    Middlesex, MA...............        17,021.1           3,012          0.0001           5,701           3,697
    Worcester, MA...............         7,334.4           3,012          0.0001           2,796           1,896
Silvio O. Conte, Coos, NH.......           498.8           3,060          0.0006             293             218
Wertheim, Suffolk, NY...........        15,900.2          66,180          0.0004           8,946           6,904
Cahaba River, Bibb, AL..........            90.8         482,114          0.5307              69              51
Julia Butler Hansen:
    Wahkiakum, WA...............             8.6             471          0.0054              25              21
    Clatsop, OR.................           391.2             471          0.0001             407             291
Stone Lakes, Sacramento, CA.....        11,183.2             659          0.0001           5,555           3,573
Glacial Ridge, Polk, MN.........           249.2           4,095          0.0016             203             131
Squaw Creek, Holt, MO...........            46.4          14,121          0.0305              32              22
Sacramento River, Butte, CA.....         1,768.5          94,625          0.0054           1,095             736
San Bernardino, Cochise, AZ.....           838.1               0          0.0001             628             439
Stewart B. McKinney:
    New Haven, CT...............         9,092.1          23,300          0.0003           4,852           3,424
    Fairfield, CT...............        13,610.1          23,300          0.0002           5,672           3,994
----------------------------------------------------------------------------------------------------------------

    With the small increase in overall spending anticipated from this 
proposed rule, it is unlikely that a substantial number of small 
entities will have more than a small benefit from the increased 
spending near the affected refuges. Therefore, we certify that this 
rule will not have a significant economic effect on a substantial 
number of small entities as defined under the Regulatory Flexibility 
Act (5 U.S.C. 601 et seq.). An initial/final Regulatory Flexibility 
Analysis is not required. Accordingly, a Small Entity Compliance Guide 
is not required.

Small Business Regulatory Enforcement Fairness Act

    The proposed rule is not a major rule under 5 U.S.C. 804(2), the 
Small

[[Page 40114]]

Business Regulatory Enforcement Fairness Act. We anticipate no 
significant employment or small business effects. This rule:
    a. Does not have an annual effect on the economy of $100 million or 
more. The additional fishing and hunting opportunities at the seven 
refuges would generate angler and hunter expenditures with an economic 
impact estimated at $4.2 million per year (2004 dollars). Consequently, 
the maximum benefit of this rule for businesses both small and large 
would not be sufficient to make this a major rule. The impact would be 
scattered across the country and would most likely not be significant 
in any local area.
    b. Will not cause a major increase in costs or prices for 
consumers, individual industries, Federal, State, or local government 
agencies, or geographic regions. This proposed rule will have only a 
slight effect on the costs of hunting and fishing opportunities for 
Americans. Under the assumption that any additional hunting and fishing 
opportunities would be of high quality, participants would be attracted 
to the refuge. If the refuge were closer to the participants' 
residences, then a reduction in travel costs would occur and benefit 
the participants. The Service does not have information to quantify 
this reduction in travel cost but assumes that, since most people 
travel less than 100 miles to hunt and fish, the reduced travel cost 
would be small for the additional days of hunting and fishing generated 
by this proposed rule. We do not expect this proposed rule to affect 
the supply or demand for fishing and hunting opportunities in the 
United States and, therefore, it should not affect prices for fishing 
and hunting equipment and supplies, or the retailers that sell 
equipment. Additional refuge hunting and fishing opportunities would 
account for less than 0.001 percent of the available opportunities in 
the United States.
    c. Does not have significant adverse effects on competition, 
employment, investment, productivity, innovation, or the ability of 
United States-based enterprises to compete with foreign-based 
enterprises. This proposed rule represents only a small proportion of 
recreational spending of a small number of affected anglers and 
hunters, approximately a maximum of $4.2 million annually in impact. 
Therefore, this rule will have no measurable economic effect on the 
wildlife-dependent industry, which has annual sales of equipment and 
travel expenditures of $72 billion nationwide. Refuges that establish 
hunting and fishing programs may hire additional staff from the local 
community to assist with the programs, but this would not be a 
significant increase because we are only opening six refuges to hunting 
and/or fishing and only seven refuges are increasing programs by this 
proposed rule.

Unfunded Mandates Reform Act

    Since this rule applies to public use of federally owned and 
managed refuges, it does not impose an unfunded mandate on State, 
local, or Tribal governments or the private sector of more than $100 
million per year. The 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 (Executive Order 12630)

    In accordance with Executive Order 12630, the rule does not have 
significant takings implications. This regulation will affect only 
visitors at national wildlife refuges and describe what they can do 
while they are on a refuge.

Federalism (Executive Order 13132)

    As discussed in the Regulatory Planning and Review and Unfunded 
Mandates Reform Act sections above, this rule does not have sufficient 
Federalism implications to warrant the preparation of a Federalism 
Assessment under Executive Order 13132. In preparing this proposed 
rule, we worked with State governments.

Civil Justice Reform (Executive Order 12988)

    In accordance with Executive Order 12988, the Office of the 
Solicitor has determined that the rule does not unduly burden the 
judicial system and that it meets the requirements of sections 3(a) and 
3(b)(2) of the Order. The regulation will clarify established 
regulations and result in better understanding of the regulations by 
refuge visitors.

Energy Supply, Distribution or Use (Executive Order 13211)

    On May 18, 2001, the President issued Executive Order 13211 on 
regulations that significantly affect energy supply, distribution, and 
use. Executive Order 13211 requires agencies to prepare Statements of 
Energy Effects when undertaking certain actions. Because this rule 
opens six refuges to hunting and/or sport fishing programs and makes 
minor changes to other refuges open to those activities, it is not a 
significant regulatory action under Executive Order 12866 and is not 
expected to significantly affect energy supplies, distribution, and 
use. Therefore, this action is a not a significant energy action and no 
Statement of Energy Effects is required.

Consultation and Coordination with Indian Tribal Governments (Executive 
Order 13175)

    In accordance with Executive Order 13175, we have evaluated 
possible effects on federally recognized Indian tribes and have 
determined that there are no effects. We coordinate recreational use on 
national wildlife refuges with Tribal governments having adjoining or 
overlapping jurisdiction before we propose the regulations. This 
regulation is consistent with and not less restrictive than Tribal 
reservation rules.

Paperwork Reduction Act

    This regulation does not contain any information collection 
requirements other than those already approved by the Office of 
Management and Budget under the Paperwork Reduction Act (44 U.S.C. 3501 
et seq.) (OMB Control Number is 1018-0102). See 50 CFR 25.23 for 
information concerning that approval. An agency may not conduct or 
sponsor and a person is not required to respond to a collection of 
information unless it displays a currently valid OMB control number.

Endangered Species Act Section 7 Consultation

    In preparation for new openings, we include Section 7 consultation 
documents approved by the Service's Endangered Species program in the 
refuge's ``openings package'' for Regional review and approval from the 
Headquarters Office. We reviewed the changes in hunting and fishing 
regulations herein with regard to Section 7 of the Endangered Species 
Act of 1973 (16 U.S.C. 1531-1544, as amended) (ESA). For the national 
wildlife refuges proposed to open for hunting and/or fishing we have 
determined that Moosehorn National Wildlife Refuge (bald eagle), 
Wertheim National Wildlife Refuge, Cahaba River National Wildlife 
Refuge, Julia Butler Hansen National Wildlife Refuge (Columbia white-
tailed deer and bald eagle), Glacial Ridge National Wildlife Refuge, 
Squaw Creek National Wildlife Refuge (bald eagle), and Sacramento River 
National Wildlife Refuge will not likely adversely affect any 
endangered or threatened species or designated critical habitat; and 
Assabet River National Wildlife Refuge, Great Meadows National Wildlife 
Refuge,

[[Page 40115]]

Moosehorn National Wildlife Refuge (Atlantic salmon), Oxbow National 
Wildlife Refuge, Silvio O. Conte National Wildlife Refuge, Julia Butler 
Hansen National Wildlife Refuge (marbled murrelet, northern spotted 
owl, bull trout, howellia, Nelson's checkermallow, streaked horned 
lark), Stewart B. McKinney National Wildlife Refuge, Squaw Creek 
National Wildlife Refuge (piping plover and least tern), and Stone 
Lakes National Wildlife Refuge will not affect any endangered or 
threatened species or designated critical habitat; and Squaw Creek 
National Wildlife Refuge (Eastern Massasauga rattlesnake) is not likely 
to jeopardize candidate or proposed species critical habitat.
    We also comply with Section 7 of the ESA when developing 
Comprehensive Conservation Plans (CCPs) and step-down management plans 
for public use of refuges, and prior to implementing any new or revised 
public recreation program on a refuge as identified in 50 CFR 26.32. We 
also make determinations when required by the ESA before the addition 
of a refuge to the lists of areas open to hunting or fishing as 
contained in 50 CFR 32.7.

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)) 
and 516 DM 6, Appendix 1. This rule does not constitute a major Federal 
action significantly affecting the quality of the human environment. An 
environmental impact statement/assessment is not required.
    A categorical exclusion from NEPA documentation applies to this 
amendment of refuge-specific hunting and fishing regulations since it 
is technical and procedural in nature, and the environmental effects 
are too broad, speculative, or conjectural to lend themselves to 
meaningful analysis (516 DM 2, Appendix 1.10).
    Prior to the addition of a refuge to the list of areas open to 
hunting and fishing in 50 CFR part 32, we develop hunting and fishing 
plans for the affected refuges. We incorporate these proposed refuge 
hunting and fishing activities in the refuge CCPs and/or other step-
down management plans, pursuant to our refuge planning guidance in 602 
FW 1, 3, and 4. We prepare these CCPs and step-down plans in compliance 
with section 102(2)(C) of NEPA, and the Council on Environmental 
Quality's regulations for implementing NEPA in 40 CFR parts 1500-1508. 
We invite the affected public to participate in the review, 
development, and implementation of these plans.

Available Information for Specific Refuges

    Individual refuge headquarters retain information regarding public 
use programs and conditions that apply to their specific programs and 
maps of their respective areas. You may also obtain information from 
the regional offices at the addresses listed below:
    Region 1--California, Hawaii, Idaho, Nevada, Oregon, and 
Washington. Regional Chief, National Wildlife Refuge System, U.S. Fish 
and Wildlife Service, Eastside Federal Complex, Suite 1692, 911 N.E. 
11th Avenue, Portland, Oregon 97232-4181; Telephone (503) 231-6214.
    Stone Lakes National Wildlife Refuge; 1624 Hood-Franklin Road; Elk 
Grove, California 95757-9774; (916) 775-4421.
    Region 2--Arizona, New Mexico, Oklahoma and Texas. Regional Chief, 
National Wildlife Refuge System, U.S. Fish and Wildlife Service, Box 
1306, 500 Gold Avenue, Albuquerque, New Mexico 87103; Telephone (505) 
248-7419.
    Region 3--Illinois, Indiana, Iowa, Michigan, Minnesota, Missouri, 
Ohio and Wisconsin. Regional Chief, National Wildlife Refuge System, 
U.S. Fish and Wildlife Service, 1 Federal Drive, Federal Building, Fort 
Snelling, Twin Cities, Minnesota 55111; Telephone (612) 713-5401.
    Glacial Ridge National Wildlife Refuge c/o Rydell National Wildlife 
Refuge; 17788 349th Street, SE; Erskine, Minnesota 56535; (218) 687-
2229.
    Region 4--Alabama, Arkansas, Florida, Georgia, Kentucky, Louisiana, 
Mississippi, North Carolina, Tennessee, South Carolina, Puerto Rico and 
the Virgin Islands. Regional Chief, National Wildlife Refuge System, 
U.S. Fish and Wildlife Service, 1875 Century Boulevard, Atlanta, 
Georgia 30345; Telephone (404) 679-7166.
    Cahaba National Wildlife Refuge; 291 Jimmy Parks Blvd.; Anniston, 
Alabama 36205; (256) 848-7085.
    Region 5--Connecticut, Delaware, District of Columbia, Maine, 
Maryland, Massachusetts, New Hampshire, New Jersey, New York, 
Pennsylvania, Rhode Island, Vermont, Virginia and West Virginia. 
Regional Chief, National Wildlife Refuge System, U.S. Fish and Wildlife 
Service, 300 Westgate Center Drive, Hadley, Massachusetts 01035-9589; 
Telephone (413) 253-8306.
    Assabet River National Wildlife Refuge c/o Eastern Massachusetts 
National Wildlife Refuge Complex; 73 Weir Hill Road, Sudbury, 
Massachusetts 01776; (978) 443-4661.
    Silvio O. Conte National Wildlife Refuge; 52 Avenue A; Turners 
Falls, Massachusetts 01376; (413) 863-0209.
    Stewart B. McKinney National Wildlife Refuge; P.O. Box 1030, 733 
Old Clinton Road; Westbrook, Connecticut 06498; (860) 399-2513.
    Region 6--Colorado, Kansas, Montana, Nebraska, North Dakota, South 
Dakota, Utah and Wyoming. Regional Chief, National Wildlife Refuge 
System, U.S. Fish and Wildlife Service, 134 Union Blvd., Lakewood, 
Colorado 80228; Telephone (303) 236-8145.
    Region 7--Alaska. Regional Chief, National Wildlife Refuge System, 
U.S. Fish and Wildlife Service, 1011 E. Tudor Rd., Anchorage, Alaska 
99503; Telephone (907) 786-3545.

Primary Author

    Leslie A. Marler, Management Analyst, Division of Conservation 
Planning and Policy, National Wildlife Refuge System, U.S. Fish and 
Wildlife Service, Arlington, Virginia 22203, is the primary author of 
this rulemaking document.

List of Subjects in 50 CFR Part 32

    Fishing, Hunting, Reporting and recordkeeping requirements, 
Wildlife, Wildlife refuges.

    For the reasons set forth in the preamble, we propose to amend 
Title 50, Chapter I, subchapter C of the Code of Federal Regulations as 
follows:

PART 32--[AMENDED]

    1. The authority citation for part 32 continues to read as follows:

    Authority: 5 U.S.C. 301; 16 U.S.C. 460k, 664, 668dd-668ee, and 
715i.


Sec.  32.7  [Amended]

    2. Amend Sec.  32.7 by:
    a. Adding the listing of ``Cahaba River National Wildlife Refuge'' 
in the State of Alabama;
    b. Adding the listings of ``Sacramento River National Wildlife 
Refuge'' and ``Stone Lakes National Wildlife Refuge'' in the State of 
California;
    c. Adding the listing of ``Stewart B. McKinney National Wildlife 
Refuge'' in the State of Connecticut;
    d. Adding the listing of ``Assabet River National Wildlife Refuge'' 
in the State of Massachusetts;
    e. Adding the listings of ``Big Stone Wetland Management District, 
Glacial Ridge National Wildlife Refuge'', and ``Minnesota Valley 
Wetland Management'' in the State of Minnesota;
    f. Adding the listing of ``Silvio O. Conte National Wildlife 
Refuge'' in the State of New Hampshire; and
    g. Adding the listings of ``Arrowwood Wetland Management 
District'',

[[Page 40116]]

``Audubon Wetland Management District'', ``Chase Lake Wetland 
Management District'', ``Crosby Wetland Management District'', ``J. 
Clark Salyer Wetland Management District'', ``Kulm Wetland Management 
District'', ``Lostwood Wetland Management District'', ``Long Lake 
Wetland Management District'', ``Tewaukon Wetland Management 
District'', and ``Valley City Wetland Management District'' in the 
State of North Dakota.
    3. Amend Sec.  32.20 Alabama by:
    a. Adding ``Cahaba National Wildlife Refuge''; and
    b. Revising the introductory text of paragraph C. and adding 
paragraph C.9. of Wheeler National Wildlife Refuge to read as follows:


Sec.  32.20  Alabama.

* * * * *

Cahaba National Wildlife Refuge

    A. Migratory Game Bird Hunting. [Reserved]
    B. Upland Game Hunting. We allow hunting of quail, squirrel, 
rabbit, opossum, raccoon, coyote, and bobcat on designated areas of the 
refuge in accordance with State regulations subject to the following 
conditions:
    1. You must possess and carry a signed hunt permit when hunting.
    2. We prohibit hunting within 100 yards (90 m) of River Road.
    3. We prohibit ATVs, mules, and horses on the refuge.
    4. We allow the use of dogs to hunt upland game, but the dogs must 
be under the immediate control of the handler at all times and not 
allowed to run free (see Sec.  26.21(b) of this chapter).
    5. We allow shotguns with 4 shot or smaller, rifles firing 
.22 caliber rimfire ammunition, or archery equipment.
    C. Big Game Hunting. We allow the hunting of white-tailed deer, 
feral hog, and wild turkey on designated areas of the refuge in 
accordance with State regulations subject to the following conditions:
    1. You must possess and carry a signed hunt permit when hunting.
    2. We only allow the use of archery equipment during white-tailed 
deer season.
    3. We prohibit marking trees and the use of flagging tape, 
reflective tacks, and other similar marking devices.
    4. We prohibit damaging trees or hunting from a tree that contains 
an inserted metal object (see Sec.  27.51 of this chapter). Hunters 
must remove stands from trees after each day's hunt (see Sec. Sec.  
27.93 and 27.94 of this chapter).
    5. We require tree stand users to use a safety belt or harness.
    6. We prohibit the use of dogs for hunting or pursuit of big game.
    7. Conditions B2 and B3 apply.
    D. Sport Fishing. We allow sport fishing on designated areas of the 
refuge in accordance with State regulations subject to the following 
conditions:
    1. We prohibit the taking of frog or turtle (see Sec.  27.21 of 
this chapter).
    2. Condition B3 applies.
* * * * *

Wheeler National Wildlife Refuge

* * * * *
    C. Big Game Hunting. We allow the hunting of white-tailed deer and 
feral hog on designated areas of the refuge in accordance with State 
regulations subject to the following conditions:
* * * * *
    9. You may only hunt feral hog during the refuge archery and 
flintlock deer season.
* * * * *
    4. Amend Sec.  32.22 Arizona by:
    a. Revising paragraph B.1. of Bill Williams National Wildlife 
Refuge;
    b. Revising Havasu National Wildlife Refuge;
    d. Revising the introductory text of paragraphs A. and B., revising 
paragraphs B.2. through B.5., and revising paragraphs C. and D. of 
Imperial National Wildlife Refuge;
    d. Revising paragraph A., revising the introductory text of 
paragraph B., and revising paragraph and B.1. of San Bernardino 
National Wildlife Refuge to read as follows:


Sec.  32.22  Arizona.

* * * * *

Bill Williams National Wildlife Refuge

* * * * *
    B. Upland Game Hunting. * * *
    1. Conditions A1 through A7 apply.
* * * * *

Havasu National Wildlife Refuge

    A. Hunting of Migratory Game Birds. We allow hunting of mourning 
and white-winged dove, duck, coot, moorhen, goose, and common snipe on 
designated areas of the refuge in accordance with State regulations 
subject to the following conditions:
    1. We prohibit falconry.
    2. You may possess only approved nontoxic shot while in the field 
(see Sec.  32.2(k)).
    3. You may not hunt within 50 yards (45m) of any building or public 
road.
    4. We prohibit target shooting or the discharge of any weapon 
except to hunt.
    5. We prohibit possession of firearms except while hunting.
    6. We prohibit the construction or use of pits and permanent blinds 
(see Sec.  27.92 of this chapter).
    7. You must remove temporary blinds, boats, hunting equipment, and 
decoys from the refuge following each day's hunt (see Sec. Sec.  27.93 
and 27.94 of this chapter).
    8. We prohibit retrieving game from closed areas. You may retrieve 
game from areas closed to hunting, but otherwise open to entry, as long 
as you possess no firearms or other means of take.
    9. Anyone hired to assist or guide hunter(s) must obtain, possess, 
and carry a valid Special Use Permit issued by the refuge manager.
    10. We prohibit hunting on those refuge lands within the Lake 
Havasu City limits.
    11. The following conditions apply only to Pintail Slough (all 
refuge lands north of North Dike):
    i. We require a fee for waterfowl hunting. You must possess proof 
of payment (refuge permit) while hunting.
    ii. Waterfowl hunters must hunt within 25 feet (7.5 m) of the 
numbered post of their assigned blind.
    iii. We limit the number of persons at each waterfowl hunt blind to 
three. Observers cannot hold shells or guns unless in possession of a 
valid State hunting license and stamps.
    iv. We limit the number shells a waterfowl hunter may possess to 
25.
    v. Waterfowl hunters must possess at least 12 decoys per blind.
    vi. You may use only dead vegetation or materials brought from off 
refuge for making or fixing hunt blinds. We prohibit the cutting, 
pulling, marking or removing vegetation (see Sec.  27.51 of this 
chapter).
    vii. Waterfowl hunters must be at their blind at least 45 minutes 
before legal shoot time and not leave their blind until 10 a.m. MST.
    viii. Waterfowl hunting ends at 12 p.m. (noon) MST. Hunters must be 
out of the slough area by 1 p.m. MST.
    ix. We allow hunting in the juniors-only waterfowl season.
    x. We allow dove hunting only during the September season.
    12. The following conditions apply to all waters of the lower 
Colorado River within the Havasu NWR:
    i. We close designated portions of Topock Marsh to all entry from 
October 1 through the last day of the waterfowl hunt season (including 
the State junior waterfowl hunt). These areas are indicated in refuge 
brochures and identified by buoys and/or signs.
    ii. We prohibit hunting in the waters of the Colorado River and on 
those refuge lands within \1/4\ mile (.4 km) of the waters of the 
Colorado River from and including Castle Rock Bay north to Interstate 
40.

[[Page 40117]]

    iii. We allow hunting on refuge lands and waters south of Castle 
Rock Bay to the north boundary of the Lake Havasu City limits.
    B. Upland Game Hunting. We allow hunting of quail and cottontail 
rabbit on designated areas of the refuge in accordance with Sta
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