2006-2007 Refuge-Specific Hunting and Sport Fishing Regulations, 41864-41907 [06-6318]

Agencies

• Fish and Wildlife Service
• DEPARTMENT OF THE INTERIOR

[Federal Register Volume 71, Number 141 (Monday, July 24, 2006)]
[Proposed Rules]
[Pages 41864-41907]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-6318]



[[Page 41863]]

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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



2006-2007 Refuge-Specific Hunting and Sport Fishing Regulations; 
Proposed Rule

Federal Register / Vol. 71, No. 141 / Monday, July 24, 2006 / 
Proposed Rules

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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 32

RIN 1018-AU61


2006-2007 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 three refuges to 
the list of areas open for hunting and/or sport fishing programs and 
increase the activities available at six 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 2006-2007 season.

DATES: We must receive your comments on or before August 16, 2006.

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

Plain Language Mandate

    In this proposed rule we made some of the revisions to the 
individual refuge units to comply with a Presidential mandate to use 
plain language in regulations; as such, these particular revisions do 
not modify the substance of the previous regulations. These types of 
changes include using ``you'' to refer to the reader and ``we'' to 
refer to the Refuge System, using the word ``allow'' instead of 
``permit'' when we do not require the use of a permit for an activity, 
and using active voice (i.e., ``We restrict entry into the refuge'' vs. 
``Entry into the refuge is restricted'').

Statutory Authority

    The National Wildlife Refuge System Administration Act of 1966 (16 
U.S.C. 668dd-668ee, as amended by the National Wildlife Refuge System 
Improvement Act of 1977 [Improvement Act]) (Administration Act) and the 
Refuge Recreation Act of 1962 (16 U.S.C. 460k-460k-4) (Recreation Act) 
govern the administration and public use of refuges.
    Amendments enacted by the Improvement Act built upon the 
Administration Act in a manner that provides an ``organic act'' for the 
Refuge System similar to those that exist for other public Federal 
lands. The Improvement Act serves to ensure that we effectively manage 
the Refuge System as a national network of lands, waters, and interests 
for the protection and conservation of our Nation's wildlife resources. 
The Administration Act states first and foremost that we focus our 
Refuge System mission on conservation of fish, wildlife, and plant 
resources and their habitats. The Improvement Act requires the 
Secretary, before allowing a new use of a refuge, or before expanding, 
renewing, or extending an existing use of a refuge, to determine that 
the use is compatible with the mission for which the refuge was 
established. The Improvement Act established as the policy of the 
United States that wildlife-dependent recreation, when compatible, is a 
legitimate and appropriate public use of the Refuge System, through 
which the American public can develop an appreciation for fish and 
wildlife. The Improvement Act established six wildlife-dependent 
recreational uses, when compatible, as the priority general public uses 
of the Refuge System. These uses are: Hunting, fishing, wildlife 
observation and photography, and environmental education and 
interpretation.
    The Recreation Act authorizes the Secretary to administer areas 
within the Refuge System for public recreation as an appropriate 
incidental or secondary use only to the extent that doing so is 
practicable and not inconsistent with

[[Page 41865]]

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

New Hunting and Sport Fishing Programs

    In preparation for new openings, we prepare and approve, at the 
appropriate Regional Office and in Washington, documentation of 
National Environmental Policy Act (NEPA) and the Endangered Species 
Act; and we consult with the State and, where appropriate, Tribal 
wildlife management agency. The Regional Director(s) certify that the 
opening of these refuges to hunting and/or sport fishing has been found 
to be compatible with the purpose(s) for which the respective refuge(s) 
were established, and the Refuge System mission. Copies of the 
compatibility determinations for these respective refuges are available 
by request to the Regional office noted under the heading ``Available 
Information for Specific Refuges.''
    The annotated chart below summarize our proposed changes for the 
2006-2007 season. The key below the chart explains the symbols used:

                                                 Table 1.--Changes for 2006-2007 Hunting/Fishing Season
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     National Wildlife Refuge             State        Migratory bird hunting       Upland hunting         Big  game hunting             Fishing
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Agassiz...........................  MN..............  B......................  B......................  Previously published...  .......................
Hamden Slough.....................  MN..............  A......................  .......................  A......................  .......................
Blackwater........................  MD..............  B......................  B......................  Previously published...  Previously published.
Cape May..........................  NJ..............  Previously published...  .......................  Previously published...  D
Whittlesey Creek..................  WI..............  Previously published...  .......................  B......................  .......................
Holt Collier*.....................  MS..............  .......................  A......................  A......................  .......................
Bayou Cocodrie**..................  LA..............  E......................  E......................  E......................  E
Tensas River......................  LA..............  E......................  E......................  E......................  Previously published.
Upper Ouachita....................  LA..............  E......................  E......................  C/E....................  E
Black Coulee......................  MT..............  Previously published...  Previously published...  F......................  .......................
Creedman Coulee...................  MT..............  Previously published...  F......................  F......................  .......................
Hewitt Lake.......................  MT..............  Previously published...  F......................  F......................  .......................
Lake Thibadeau....................  MT..............  Previously published...  F......................  F......................  .......................
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A = Refuge added and activities opened.
B = Refuge already listed, added hunt category.
C = Refuge already listed, added species to hunt category.
D = Refuge already listed, added fishing.
E = Refuge already listed and opened to this activity, added land.
F = Refuge opened to activity in past but omitted from 50 CFR due to administrative oversight.
* Refuge was created from existing land that was part of Yazoo NWR Complex, which was already open to all 3 hunting opportunities in 50 CFR.
** Current regulations not altered even though new land acquired.

    We are adding three refuges to the list of areas open for hunting 
and/or sport fishing and increasing opportunities at six refuges.
    Lands acquired as ``waterfowl production areas'' under the 
Migratory Bird Hunting and Conservation Stamp Act (16 U.S.C. 718d(c)), 
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: Benton Lake WMD, Bowdoin WMD, 
Charles M. Russell WMD, Northeast Montana WMD, and Northwest Montana 
WMD, all in the State of Montana.
    We are correcting administrative errors in 50 CFR part 32. We are 
correctly reflecting hunting opportunities for four refuges in the 
State of Montana (Black Coulee, Creedman Coulee, Hewitt Lake, and Lake 
Thibadeau). These refuges were open to all three hunting activities in 
the 1983 CFR. The publication of a final rule (49 FR 36737, September 
19, 1984), which codified the 1984 CFR with

[[Page 41866]]

administrative technical amendments, resulted in these four refuges 
being mistakenly dropped from the upland and/or big game hunting lists. 
We are now correcting those errors for these refuges.
    This document proposes to codify in the Code of Federal Regulations 
all of the Service's hunting and/or sport fishing regulations that are 
applicable at Refuge System units previously opened to hunting and/or 
sport fishing. We are doing this to better inform the general public of 
the regulations at each refuge, to increase understanding and 
compliance with these regulations, and to make enforcement of these 
regulations more efficient. In addition to now finding these 
regulations in 50 CFR part 32, visitors to our refuges will usually 
find them reiterated in literature distributed by each refuge or posted 
on signs.
    We have cross-referenced a number of existing regulations in 50 CFR 
parts 26, 27, 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. You may comment via e-mail to: refuge system policy 
comments@fws.gov. Please submit e-mail comments as an ASCII file, 
avoiding the use of special characters and any form of encryption. 
Please also include: ``Attn: 1018-AU61'' and your full name and return 
mailing address in your e-mail 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 e-mail message, contact us 
directly at (703) 358-2036.
    2. U.S. mail or hand-delivery/courier: 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. In light of increased security measures, please call (703) 
358-2036 before hand delivering comments.
    3. You may fax comments to: Chief, Division of Conservation 
Planning and Policy, National Wildlife Refuge System, at (703) 358-
2248.
    4. Finally, Federal eRulemaking Portal at https://
www.regulations.gov. Follow the instructions at that site for 
submitting 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.

Public Comment

    Department of the Interior policy is, whenever practicable, to 
afford the public a meaningful opportunity to participate in the 
rulemaking process. The process of opening refuges is done in stages, 
with the fundamental work being performed on the ground at the refuge 
and in the community where the program is administered. In these 
stages, the public is given other opportunities to comment, for 
example, on the comprehensive conservation plans and the compatibility 
determinations. The second stage is this document, when we publish the 
proposed rule in the Federal Register for additional comment, commonly 
a 30-day comment period.
    There is nothing contained in this annual regulation outside the 
scope of the annual review process where we add refuges or determine 
whether individual refuges need modifications, deletions, or additions 
made to them. We make every attempt to collect all of the proposals 
from the refuges nationwide and process them expeditiously to maximize 
the time available for public review. We believe that a 30-day comment 
period, through the broader publication following the earlier public 
involvement, gives the public sufficient time to comment and allows us 
to establish hunting and fishing programs in time for the upcoming 
seasons. Many of these rules also relieve restrictions and allow the 
public to participate in recreational activities on a number of 
refuges. In addition, in order to continue to provide for previously 
authorized hunting opportunities while at the same time providing for 
adequate resource protection, we must be timely in providing 
modifications to certain hunting programs on some refuges.
    We considered providing a 60-day, rather than a 30-day, comment 
period. However, we determined that an additional 30-day delay in 
processing these refuge-specific hunting and sport fishing regulations 
would hinder the effective planning and administration of our hunting 
and sport fishing programs. Such a delay would jeopardize establishment 
of hunting and sport fishing programs this year, or shorten their 
duration.
    Even after issuance of a final rule, we accept comments, 
suggestions, and concerns for consideration for any appropriate 
subsequent rulemaking.
    When finalized, we will incorporate these regulations into 50 CFR 
part 32. Part 32 contains general provisions and refuge-specific 
regulations for hunting and sport fishing on refuges.

Clarity of This Rule

    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 proposed 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 
(e.g., grouping and order of sections, use of headings, paragraphing) 
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 proposed 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.

[[Page 41867]]

Regulatory Planning and Review

    In accordance with the criteria in Executive Order (E.O.) 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 E.O. 12866.
    a. This proposed 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 this proposed 
rule.
    The purpose of this proposed rule is to add three refuges to the 
list of areas open for hunting and/or sport fishing programs and 
increase the activities available at six other refuges. 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 which allow fishing and hunting. Not all 
refuges 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 proposed rule both 
establishes hunting and/or fishing programs and expands existing 
activities at the following refuges: Agassiz and Hamden Slough NWRs in 
Minnesota, Blackwater NWR in Maryland, Holt Collier NWR in Mississippi, 
Cape May NWR in New Jersey, Whittlesey Creek NWR in Wisconsin, and 
Bayou Cocodrie, Tensas River, and Upper Ouachita NWRs in Louisiana.
    The annotated table on pages 7 and 8 (Table 1) summarizes proposed 
changes (new refuges, new refuge hunting and/or fishing categories, 
added species, added land, and administrative corrections) for the 
2006-2007 season. The key below the table explains the symbols used.
    In addition to the proposed changes to refuge activities in Table 
1, we are correcting the following administrative errors in 50 CFR part 
32. The publication of a 1984 final rule (49 FR 36737, September 19, 
1984), which codified the 1984 CFR with administrative technical 
amendments, resulted in four refuges (Black Coulee, Creedman Coulee, 
Hewitt Lake, and Lake Thibadeau NWRs all in the State of Montana) being 
mistakenly dropped from the upland and big game hunting lists. This 
proposed rule corrects this error reflecting those hunting 
opportunities. There are no new economic impacts resulting from this 
correction because recreational activities never ceased at those 
refuges.
    We generally manage lands acquired as ``waterfowl production 
areas'' under the Migratory Bird Hunting and Conservation Stamp Act (16 
U.S.C. 718d(c) as part of wetland management districts (WMDs). These 
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, all in the State of Montana, to the list of refuges open for all 
four activities in part 32 this year: Benton Lake WMD, Bowdoin WMD, 
Charles M. Russell WMD, Northeast Montana WMD, and Northwest Montana 
WMD. 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 8,352 user days of hunting and 
975 user days of fishing (Table 2). These new fishing and hunting days 
would generate: (1) Consumer surplus,\1\ and (2) expenditures 
associated with fishing and hunting on the refuges.
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    \1\ The difference between the total value people receive from 
the consumption of a particular good and the total amount they pay 
for the good.

                   Table 2.--Estimated Change in Fishing and Hunting Opportunities in 2006/07
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                                           Current hunting                                      Total additional
                 Refuge                    and/or fishing      Additional        Additional        fishing and
                                             days (FY04)      fishing days      hunting days      hunting days
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Agassiz.................................               740  ................                75                75
Hamden Slough...........................                 0  ................               325               325
Blackwater..............................            11,390  ................               950               950
Cape May................................             8,550               500  ................               500
Whittlesey Creek........................               100  ................                30                30
Bayou Cocodrie..........................             7,400               140             1,122             1,262
Tensas River............................            28,850  ................             3,175             3,175
Upper Ouachita..........................            18,220               335             2,675             3,010
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    Total Days Per Year.................            75,250               975             8,352             9,327
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    Assuming the new days are a pure addition to the current supply, 
the additional days would create consumer surplus of approximately 
$454,000 annually ([975 days x $48.92 CS per day] + [8,352 days x 
$48.67 CS per day]) (Table 3). However, the participation trend is flat 
in fishing and hunting activities because the number of

[[Page 41868]]

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 likely to be smaller.

Table 3.--Estimated Change in Annual Consumer Surplus From Additional Fishing and Hunting Opportunities in 2006/
                                                   07 (2005 $)
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                                                                                               Total fishing and
                                                              Fishing            Hunting            hunting
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Total Additional Days..................................                975              8,352              9,327
Avg. Consumer Surplus per Day \2\......................             $48.92             $48.67
Change in Total Consumer Surplus.......................            $47,697           $406,492           $454,189
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    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 
maximum expected additional participation on the Refuge System yields 
approximately $68,700 in fishing-related expenditures and $831,300 in 
hunting-related expenditures (Table 4).
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    \2\ Due to the unavailability of consistent consumer surplus 
estimates for these various site-specific activities, benefit 
transfer is used. National average consumer surplus estimates for 
fishing and for hunting are used for this analysis. The estimates 
are from: Pam Kaval and John Loomis, ``Updated Outdoor Recreation 
Use Values with Emphasis on National Park Recreation,'' October 
2003.

 Table 4.--Estimation of the Additional Expenditures With an Increase of Activities in 7 Refuges and the Opening
                                of 1 Refuge to Fishing and/or Hunting for 2006/07
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                                                                                   Current refuge     Possible
                                        U.S. total expenditures in     Average    expenditures w/o   additional
                                                   2001             expenditures     duplication       refuge
                                                                       per day        (FY2004)      expenditures
----------------------------------------------------------------------------------------------------------------
Fishing:
    Total Days Spent..................  557 Mil...................  ............         7,045,382           975
    Total Expenditures................  39.3 Bil..................           $70      $496,671,534       $68,734
    Trip Related......................  16.2 Bil..................           $29      $204,287,312       $28,271
    Food and Lodging..................  6.5 Bil...................           $12       $81,974,145       $11,344
    Transportation....................  3.9 Bil...................            $7       $49,005,482        $6,782
    Other.............................  5.8 Bil...................           $10       $73,307,685       $10,145
Hunting:
    Total Days Spent..................  228 Mil...................  ............         2,378,813         8,352
    Total Expenditures................  22.7 Bil..................          $100      $236,759,998      $831,263
    Trip Related......................  5.8 Bil...................           $25       $60,334,509      $211,834
    Food and Lodging..................  2.7 Bil...................           $12       $28,142,621       $98,809
    Transportation....................  2.0 Bil...................            $9       $20,554,019       $72,165
    Other.............................  1.1 Bil...................            $5       $11,637,870       $40,860
----------------------------------------------------------------------------------------------------------------

    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 
$2.5 million (2005 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; 
therefore, this spending would be offset with a decrease in some other 
sector of the local economy. The net gain to the local economies would 
be no more than $2.5 million, and most likely considerably less. Since 
80 percent of the participants travel 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 $492,000 annually.
    In summary, we estimate that the additional fishing and hunting 
opportunities would yield approximately $454,000 in consumer surplus 
and $492,000 in recreation-related expenditures annually. The 10-year 
quantitative benefit for this rule would be $4.9 million ($4.3 million 
discounted at 3 percent or $3.7 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

[[Page 41869]]

opportunities will not measurably impact any other agency's existing 
programs.
    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 adds three refuges to the list of areas open for 
hunting and/or sport fishing 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 three refuges and expands activities at six other refuges. As a 
result, opportunities for wildlife-dependent recreation on national 
wildlife refuges will increase. The changes in the amount of allowed 
use(s) 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 5).
    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 
$492,000 to be spent in total in the refuges' local economies. The 
maximum increase ($2.5 million if all spending were new money) at most 
would be less than 1 percent for local retail trade spending (Table 5).

 Table 5.--Comparative Expenditures for Retail Trade Associated With Additional Refuge Visitation for 2006/2007
                                            [Thousands, 2005 dollars]
----------------------------------------------------------------------------------------------------------------
                                                                Estimated
                                                                 maximum    Addition as     Total     Establish.
               Refuge/county(ies)                Retail trade    addition    a percent      number     with <10
                                                    in 2002      from new     of total      retail       emp.
                                                                activities                establish.
----------------------------------------------------------------------------------------------------------------
Agassiz:
    Marshall, MN...............................     $77,841.0         $3.7        0.005           43          35
Hamden Slough:
    Becker, MN.................................     340,523.3         15.8        0.005          159         117
Blackwater:
    Dorchester, MD.............................     251,552.7         46.2        0.018          123          91
Cape May:
    Cape May, NJ...............................   1,501,452.1         24.5        0.002          776         643
Whittlesey Creek:
    Ashland, WI................................     179,600.0          1.5        0.001           94          70
Bayou Cocodrie:
    Concordia, LA..............................     131,726.0         61.5        0.047           82          60
Tensas River:
    Franklin, LA...............................     199,210.3         51.5        0.026           83          63
    Madison, LA................................      75,763.2         51.5        0.068           42          31
    Tensas, LA.................................      23,183.1         51.5        0.222           26          22
Upper Ouachita:
    Morehouse, LA..............................     224,510.3         73.3        0.033          115          91
    Union, LA..................................     123,511.2         73.3        0.059           70          57
----------------------------------------------------------------------------------------------------------------

    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 
proposed rule will not have a significant economic effect on a 
substantial number of small entities as defined under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.). An initial/final Regulatory

[[Page 41870]]

Flexibility Analysis is not required. Accordingly, a Small Entity 
Compliance Guide is not required.

Small Business Regulatory Enforcement Fairness Act

    The proposed rule is not a major rule under 5 U.S.C. 804(2), the 
Small Business Regulatory Enforcement Fairness Act. We anticipate no 
significant employment or small business effects. This rule:
    a. Would not have an annual effect on the economy of $100 million 
or more. The additional fishing and hunting opportunities at these 
refuges would generate angler and hunter expenditures with an economic 
impact estimated at $2.5 million per year (2005 dollars). Consequently, 
the maximum benefit of this rule for businesses both small and large 
would not be sufficient to make this a major rule. The impact would be 
scattered across the country and would most likely not be significant 
in any local area.
    b. Would not cause a major increase in costs or prices for 
consumers, individual industries, Federal, State, or local government 
agencies, or geographic regions. This proposed rule would have only a 
slight effect on the costs of hunting and fishing opportunities for 
Americans. Under the assumption that any additional hunting and fishing 
opportunities would be of high quality, participants would be attracted 
to the refuge. If the refuge were closer to the participants' 
residences, then a reduction in travel costs would occur and benefit 
the participants. The Service does not have information to quantify 
this reduction in travel cost but assumes that, since most people 
travel less than 100 miles to hunt and fish, the reduced travel cost 
would be small for the additional days of hunting and fishing generated 
by this 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. Would not have significant adverse effects on competition, 
employment, investment, productivity, innovation, or the ability of 
United States'based enterprises to compete with foreign-based 
enterprises. This proposed rule represents only a small proportion of 
recreational spending of a small number of affected anglers and 
hunters, approximately a maximum of $2.5 million annually in impact. 
Therefore, this rule would have no measurable economic effect on the 
wildlife-dependent industry, which has annual sales of equipment and 
travel expenditures of $72 billion nationwide. Refuges that establish 
hunting and fishing programs may hire additional staff from the local 
community to assist with the programs, but this would not be a 
significant increase because we are only opening three refuges to 
hunting and/or fishing and only six refuges are increasing activities 
by this proposed rule.

Unfunded Mandates Reform Act

    Since this proposed rule would apply to public use of federally 
owned and managed refuges, it would not impose an unfunded mandate on 
State, local, or Tribal governments or the private sector of more than 
$100 million per year. The rule would not have a significant or unique 
effect on State, local, or Tribal governments or the private sector. A 
statement containing the information required by the Unfunded Mandates 
Reform Act (2 U.S.C. 1531 et seq.) is not required.

Takings (E.O. 12630)

    In accordance with E.O. 12630, this proposed rule would not have 
significant takings implications. This regulation would affect only 
visitors at national wildlife refuges and describe what they can do 
while they are on a refuge.

Federalism (E.O. 13132)

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

Civil Justice Reform (E.O. 12988)

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

Energy Supply, Distribution or Use (E.O. 13211)

    On May 18, 2001, the President issued E.O. 13211 on regulations 
that significantly affect energy supply, distribution, and use. E.O. 
13211 requires agencies to prepare Statements of Energy Effects when 
undertaking certain actions. Because this proposed rule would add three 
refuges to the list of areas open for hunting and/or sport fishing and 
increase the activities at six refuges, and make minor changes to other 
refuges open to those activities, it is not a significant regulatory 
action under E.O. 12866 and is not expected to significantly affect 
energy supplies, distribution, and use. Therefore, this action is a not 
a significant energy action and no Statement of Energy Effects is 
required.

Consultation and Coordination With Indian Tribal Governments (E.O. 
13175)

    In accordance with E.O. 13175, we have evaluated possible effects 
on federally recognized Indian tribes and have determined that there 
are no effects. We coordinate recreational use on national wildlife 
refuges with Tribal governments having adjoining or overlapping 
jurisdiction before we propose the regulations.

Paperwork Reduction Act

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

Endangered Species Act Section 7 Consultation

    In preparation for new openings, we comply with section 7 of the 
Endangered Species Act. Copies of the section 7 evaluations may be 
obtained by contacting the regions listed under Available Information 
for Specific Refuges. For the proposals to open, or to add 
opportunities at, national wildlife refuges for hunting and/or fishing, 
we have determined that: At Hamden Slough National Wildlife Refuge, 
Bayou Cocodrie National Wildlife Refuge (for the Louisiana black bear), 
and Tensas River National Wildlife Refuge the actions are not likely to 
adversely affect listed species or designated critical habitat. For the 
proposals at Bayou Cocodrie National Wildlife Refuge (with regard to 
proposed black bear critical habitat and the bald eagle), Whittlesey 
Creek National Wildlife Refuge, Cape

[[Page 41871]]

May National Wildlife Refuge, and Blackwater National Wildlife Refuge, 
we have determined the actions will have no affect on any listed 
species or critical habitat. For Upper Ouachita National Wildlife 
Refuge and Agassiz National Wildlife Refuge we have determined the 
actions may affect but are not likely to adversely affect listed 
species/critical habitat.
    We also comply with section 7 of the ESA when 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.

National Environmental Policy Act

    We analyzed this proposed rule in accordance with the criteria of 
the National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 
4332(C)) and 516 Departmental Manual (DM) 6, Appendix 1. This proposed 
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 
publication of proposed amendments to 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). 
Concerning the actions that are the subject of this proposed 
rulemaking, NEPA has been complied with at the project level where each 
proposal was developed. This is consistent with the Department of the 
Interior instructions for compliance with NEPA where actions are 
covered sufficiently by an earlier environmental document (516 DM 
3.2A).
    Prior to the addition of a refuge to the list of areas open to 
hunting and fishing in 50 CFR part 32, we develop hunting and fishing 
plans for the affected refuges. We incorporate these proposed refuge 
hunting and fishing activities in the refuge CCPs and/or other step-
down management plans, pursuant to our refuge planning guidance in 602 
Fish and Wildlife Service Manual (FW) 1, 3, and 4. We prepare these 
CCPs and step-down plans in compliance with section 102(2)(C) of NEPA, 
and the Council on Environmental Quality's regulations for implementing 
NEPA in 40 CFR parts 1500-1508. We invite the affected public to 
participate in the review, development, and implementation of these 
plans. Copies of all plans and NEPA compliance are available from the 
refuges at the addresses provided below.

Available Information for Specific Refuges

    Individual refuge headquarters retain information regarding public 
use programs and conditions that apply to their specific programs and 
maps of their respective areas. If the specific refuge you are 
interested in is not mentioned below, then contact the appropriate 
Regional offices listed below:

Region 1--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
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. 
Hamden Slough National Wildlife Refuge, 21212 210th Street, Audubon, 
Minnesota 56511; Telephone (218) 439-6319
Region 4--Alabama, Arkansas, Florida, Georgia, Kentucky, Louisiana, 
Mississippi, North Carolina, Tennessee, South Carolina, Puerto Rico, 
and the Virgin Islands. Regional Chief, National Wildlife Refuge 
System, U.S. Fish and Wildlife Service, 1875 Century Boulevard, 
Atlanta, Georgia 30345; Telephone (404) 679-7166. Holt Collier National 
Wildlife Refuge, 728 Yazoo Refuge Road, Hollandale, Mississippi 38748; 
Telephone (662) 839-2638
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. Cape May National Wildlife Refuge, 24 Kimbles Beach Road, Cape 
May Court House, New Jersey 08210; Telephone (609) 463-0994
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 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.

    2. Amend Sec.  32.7 ``What refuge units are open to hunting and/or 
sport fishing?'' by:
    a. Adding Holt Collier National Wildlife Refuge in the State of 
Mississippi;
    b. Adding Benton Lake Wetland Management District, Bowdoin Wetland 
Management District, Charles M. Russell Wetland Management District, 
Northeast Montana Wetland Management District, and Northwest Montana 
Wetland Management District in the State of Montana; and
    c. Revising the name of ACE Basin National Wildlife Refuge to read 
Ernest F. Hollings ACE Basin National Wildlife Refuge in the State of 
South Carolina and placing the revised listing in the correct 
alphabetical order.
    3. Amend Sec.  32.20 Alabama by:
    a. Revising paragraph C.2. of Cahaba River National Wildlife 
Refuge;
    b. Revising paragraph B.7. of Choctaw National Wildlife Refuge; and
    c. Revising paragraphs B.5. and C.4. of Eufaula National Wildlife 
Refuge to read as follows:


Sec.  32.20  Alabama.

* * * * *

Cahaba River National Wildlife Refuge

* * * * *

[[Page 41872]]

    C. Big Game Hunting. * * *
* * * * *
    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.
* * * * *

Choctaw National Wildlife Refuge

* * * * *
    B. Upland Game Hunting. * * *
* * * * *
    7. We prohibit the mooring and storing of boats from legal sunset 
to legal sunrise.
* * * * *

Eufaula National Wildlife Refuge

* * * * *
    B. Upland Game Hunting. * * *
* * * * *
    5. We prohibit the mooring and storing of boats from 1\1/2\ hours 
after legal sunset to 1\1/2\ hours before legal sunrise.
    C. Big Game Hunting. * * *
* * * * *
    4. All youth hunters age 15 and under must remain within sight and 
normal voice contact of an adult age 21 or older, possessing a license. 
We allow youth gun deer hunting (ages 10-15) within the Bradley Unit on 
weekends during October where an adult must supervise youth age 15 or 
under. One adult may supervise no more than one youth hunter.
* * * * *
    4. Amend Sec.  32.22 Arizona by:
    a. Revising paragraphs A.1 through A.3, B., and C.2. of Buenos 
Aires National Wildlife Refuge; and
    b. Revising paragraph A.11.viii. and adding paragraphs A.13. and 
A.14. of Havasu National Wildlife Refuge;


Sec.  32.22  Arizona.

* * * * *

Buenos Aires National Wildlife Refuge

    A. Migratory Game Bird Hunting. * * *
    1. We allow portable or temporary blinds and stands, but you must 
remove them at the end of each hunt day.
    2. We prohibit the use of flagging tape, reflective tape, or other 
signs or markers used to identify paths to mark tree stands, blinds, or 
other areas.
    3. The No-Hunt Zones include all Service property east of milepost 
7 of Arivaca Road within the Arivaca Creek Management Area, all Service 
property in Brown Canyon, all Service property within \1/4\ mile (.4 
km) of refuge residences, and the posted No-Hunt Zone encompassing 
refuge headquarters and area bounded by the 10-Mile (16 km) Pronghorn 
Drive auto tour loop.
    B. Upland Game Hunting. We allow hunting of cottontail rabbit, 
coyote, and skunk on designated areas of the refuge in accordance with 
State regulations subject to the following conditions:
    1. Conditions A1 through A3 apply.
    2. We require hunting groups using more than four horses to possess 
and carry a refuge special use permit.
    3. We require each hunter using horses to provide water and feed 
and clear all horse manure from campsites.
    4. We prohibit upland game hunting on the refuge from June 1 
through August 19.
    C. Big Game Hunting. * * *
* * * * *
    2. Conditions A1 through A3, B2, and B3 apply.
* * * * *

Havasu National Wildlife Refuge

    A. Migratory Game Bird Hunting. * * *
* * * * *
    11. * * *
* * * * *
    viii. We allow waterfowl hunting on Wednesdays, Saturdays, and 
Sundays. Waterfowl hunting ends at 12 p.m. (noon) MST. Hunters must be 
out of the slough area by 1 p.m. MST.
* * * * *
    13. We prohibit the use of all air-thrust boats and/or air-cooled 
propulsion engines, including floating aircraft.
    14. Hunting dogs must be under the immediate control of the hunter 
at all times.
* * * * *
    5. Amend Sec.  32.23 Arkansas by:
    a. Revising paragraphs B.6., B.12., adding paragraphs B.13., and 
B.14., revising paragraphs C., D.1., D.7., D.8., D.9., D.10., and 
adding paragraphs D.11. through D.14. of Holla Bend National Wildlife 
Refuge; and
    b. Revising paragraphs A.2., A.6., A.8., A.10., A.15., C.7., C.8., 
C.12., and C.16. of White River National Wildlife Refuge to read as 
follows:


Sec.  32.23  Arkansas.

* * * * *

Holla Bend National Wildlife Refuge

* * * * *
    B. Upland Game Hunting. * * *
* * * * *
    6. We prohibit possession or use of alcoholic beverage(s) while 
hunting (see Sec.  32.2(j)).
* * * * *
    12. We prohibit hunting within 150 feet (45 m) of roads and trails 
open to motor vehicle use.
    13. We prohibit marking trails with tape, ribbon, paint, or any 
other substance other than biodegradable materials.
    14. We allow the use of nonmotorized boats during the hunting 
season, but we prohibit hunters leaving boats on the refuge overnight 
(see Sec.  27.93 of this chapter).
    C. Big Game Hunting. We allow hunting of deer and turkey on 
designated areas of the refuge in accordance with State regulations 
subject to the following conditions:
    1. Conditions B1 and B4 through B14 apply.
    2. Archery/crossbow season for deer and turkey begins October 1 and 
continues through December 10.
    3. The refuge will conduct one youth-only (between ages 12-15 at 
the beginning of the gun deer season in Zone 7) quota deer hunt. This 
hunt will take place after the archery season (typically in December). 
Specific hunt dates and application procedures will be available at the 
refuge office in September. We restrict hunt participants to those 
selected for a quota permit, except that one nonhunting adult age 21 or 
older must accompany the youth hunter during the youth hunt.
    4. We open spring and fall archery turkey hunting during the State 
spring and fall turkey season for this zone.
    5. We close spring archery turkey hunting during scheduled turkey 
quota gun hunts.
    6. The refuge will conduct one 2-day youth-only (age 15 and under 
at the beginning of the spring turkey season) quota spring turkey hunt 
and one 2-day quota spring turkey hunt (typically in April). Specific 
hunt dates and application procedures will be available at the refuge 
office in January. We restrict hunt participants to those selected for 
a quota permit, except that one nonhunting adult age 21 or older must 
accompany the youth hunter during the youth hunt.
    7. An adult age 21 or older must accompany and be within sight or 
normal voice contact of hunters age 15 and under. One adult may 
supervise no more than one youth hunter.
    8. We only allow portable deer stands. Hunters may erect stands 2 
days before the start of the season and must remove the stands from the 
refuge within 2 days after the season ends (see Sec. Sec.  27.93 and 
27.94 of this chapter).
    9. Hunters must permanently affix the owner's name and address to 
all deer stands on the refuge.

[[Page 41873]]

    10. We prohibit the use of dogs during big game hunting.
    11. We prohibit hunting from paved, graveled, and mowed roads and 
mowed trails (see Sec.  27.31 of this chapter).
    12. We prohibit hunting with the aid of bait, salt, or ingestible 
attractant (see Sec.  32.2(h)).
    13. We prohibit all forms of organized drives.
    14. You must check all game at the refuge check station.
    D. Sport Fishing. We allow sport fishing and frogging in accordance 
with State regulations subject to the following conditions:
    1. Conditions B7, B8, and B10 apply.
* * * * *
    7. We will allow only bank fishing in Long Lake year-round from 
legal sunrise to legal sunset. Access to this bank fishing area is 
through the parking area off of Hwy 155.
    8. We only allow bow fishing from legal sunrise to legal sunset 
during August.
    9. We allow frogging from May 1 to May 31. We only allow frogging 
on those areas of the old river channel that connect with the Arkansas 
River.
    10. Anglers must enter and exit the refuge from designated roads 
and parking areas.
    11. We prohibit anglers from leaving their boats unattended 
overnight on any portion of the refuge (see Sec.  27.93 of this 
chapter).
    12. We require a Special Use Permit for all commercial fishing 
activities on the refuge.
    13. We prohibit possessing turtle (see Sec.  27.21 of this 
chapter).
    14. We prohibit hovercraft, personal watercraft (Jet Skis, etc.), 
and airboats.
* * * * *

White River National Wildlife Refuge

    A. Migratory Game Bird Hunting. * * *
* * * * *
    2. We allow duck hunting from legal shooting hours until 12:00 p.m 
(noon).
* * * * *
    6. You may take coot and woodcock during the State season.
* * * * *
    8. Waterfowl hunters may enter and access the refuge no earlier 
than 4:30 a.m.
* * * * *
    10. We prohibit boating December 1 through January 31 in the South 
Unit Waterfowl Hunt Area, exce