2008-2009 Refuge-Specific Hunting and Sport Fishing Regulations-Modifications, 45674-45701 [E9-21027]

Agencies

• Fish and Wildlife Service
• DEPARTMENT OF THE INTERIOR

[Federal Register Volume 74, Number 170 (Thursday, September 3, 2009)]
[Rules and Regulations]
[Pages 45674-45701]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-21027]



[[Page 45673]]

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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



2008-2009 Refuge-Specific Hunting and Sport Fishing Regulations--
Modifications; Final Rule

Federal Register / Vol. 74, No. 170 / Thursday, September 3, 2009 / 
Rules and Regulations

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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 32

[Docket No. FWS-R9-NSR-2008-0042]
[93270-1265-0000-4A]
RIN 1018-AV80


2008-2009 Refuge-Specific Hunting and Sport Fishing Regulations--
Modifications

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Final rule.

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SUMMARY: The Fish and Wildlife Service implements pertinent refuge-
specific regulations and amends other existing refuge-specific 
regulations that pertain to migratory game bird hunting, upland game 
hunting, big game hunting, and sport fishing for the 2008-2009 season.

DATES: This rule is effective September 3, 2009.

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 also standardize and clarify the language of 
existing regulations.

Plain Language Mandate

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

Statutory Authority

    The National Wildlife Refuge System Administration Act of 1966 (16 
U.S.C. 668dd-668ee, as amended by the National Wildlife Refuge System 
Improvement Act of 1997 [Improvement Act]) (Administration Act), and 
the Refuge Recreation Act of 1962 (16 U.S.C. 460k-460k-4) (Recreation 
Act) govern the administration and public use of refuges.
    Amendments enacted by the Improvement Act, built upon the 
Administration Act in a manner that provides an ``organic act'' for the 
Refuge System, are similar to those that exist for other public Federal 
lands. The Improvement Act serves to ensure that we effectively manage 
the Refuge System as a national network of lands, waters, and interests 
for the protection and conservation of our Nation's wildlife resources. 
The Administration Act states first and foremost that we focus our 
Refuge System mission on conservation of fish, wildlife, and plant 
resources and their habitats. The Improvement Act requires the 
Secretary, before allowing a new use of a refuge, or before expanding, 
renewing, or extending an existing use of a refuge, to determine that 
the use is compatible with the purpose for which the refuge was 
established and the mission of the Refuge System. The Improvement Act 
established as the policy of the United States that wildlife-dependent 
recreation, when compatible, is a legitimate and appropriate public use 
of the Refuge System, through which the American public can develop an 
appreciation for fish and wildlife. The Improvement Act established six 
wildlife-dependent recreational uses as the priority general public 
uses of the Refuge System. These uses are hunting, fishing, wildlife 
observation and photography, and environmental education and 
interpretation.
    The Recreation Act authorizes the Secretary to administer areas 
within the Refuge System for public recreation as an appropriate 
incidental or secondary use only to the extent that doing so is 
practicable and not inconsistent with the primary purpose(s) for which 
Congress and the Service established the areas. The Recreation Act 
requires that any recreational use of refuge lands be compatible with 
the primary purpose(s) for which we established the refuge and not 
inconsistent with other previously authorized operations.
    The Administration Act and Recreation Act also authorize the 
Secretary to issue regulations to carry out the purposes of the Acts 
and regulate uses.
    We develop specific management plans for each refuge prior to 
opening it to hunting or sport fishing. In many cases, we develop 
refuge-specific regulations to ensure the compatibility of the programs 
with the purpose(s) for

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which we established the refuge and the Refuge System mission. We 
ensure initial compliance with the Administration Act and the 
Recreation Act for hunting and sport fishing on newly acquired refuges 
through an interim determination of compatibility made at or near the 
time of acquisition. These regulations ensure that we make the 
determinations required by these acts prior to adding refuges to the 
lists of areas open to hunting and sport fishing in 50 CFR part 32. We 
ensure continued compliance by the development of comprehensive 
conservation plans, specific plans, and by annual review of hunting and 
sport fishing programs and regulations.

Response to Comments Received

    In the January 13, 2009, Federal Register (74 FR 1838), we 
published a proposed rulemaking identifying changes pertaining to 
migratory game bird hunting, upland game hunting, big game hunting and 
sport fishing to existing refuge-specific language on certain refuges 
for the 2008-2009 season. We received five comments on the proposed 
rule during a 30-day comment period.
    Comment 1: The commenter believes that rules regarding outdoor 
sports (hunting and fishing) should not be governed at the Federal 
level, but should continue to be created, monitored, and reviewed by 
the individual States thus saving taxpayer resources.
    Response 1: As discussed earlier in the preamble (see Statutory 
Authority), these are Federal lands and both the Administration and 
Recreation Acts mandate that we govern the administration and public 
use of these refuges. Furthermore, the U.S. Supreme Court has approved 
of the Federal government's responsibilities to manage wildlife. The 
Federal government has the ability to regulate wildlife under the 
Property Clause (Kleppe v. New Mexico, 426 U.S. 529 (1976)); under the 
treaty-making power (Missouri v. Holland, 252 U.S. 416 (1920); and the 
commerce clause of the U.S. Constitution (Andrus v. Allard, 444 U.S. 51 
(1979)). Nevertheless, the Service has and will continue to work in 
cooperation with individual States in creating rules to manage 
wildlife.
    Comment 2: Two commenters raised concerns over whether the Service 
has jurisdiction over Hookton Slough and White Slough (associated with 
Humboldt Bay National Wildlife Refuge in California). They believe that 
these are State-owned navigable waterways, and as such, are held in 
public trust by the State for the benefit of the public. They believe 
that the State would, therefore, regulate the use of those navigable 
waterways, including for purposes of hunting, through individual lease 
agreements. They believe that the Service does not have any specific 
lease agreement with the State to regulate hunting on those two 
sloughs. The commenter states that California currently allows hunting 
7 days a week on Hookton Slough.
    Response 2: The Service (Region 8) is currently in the process of 
developing their comprehensive conservation plan for the Humboldt Bay 
and Castle Rock National Wildlife Refuge Complex. We have been and will 
continue to address this jurisdictional issue through the comprehensive 
conservation planning (CCP) process. The CCP process provides all 
interested members of the public opportunity to comment through public 
scoping meetings and public comment periods. CCPs describe the desired 
future conditions of a refuge or planning unit and provide long-range 
guidance and management direction to achieve the purposes of the 
refuge; help fulfill the mission of the Refuge System; maintain and, 
where appropriate, restore the ecological integrity of each refuge and 
the Refuge System; help achieve the goals of the National Wilderness 
Preservation System; and meet other mandates. The Service recently 
completed public scoping/meeting activities for the CCP and plan to 
complete the CCP by the summer of 2009. In the meantime, we are 
removing condition A10 from the final rule and renumbering the 
remaining conditions A11 and A12 as A10 and A11 respectively.
    Comment 3: The Louisiana Department of Wildlife and Fisheries wrote 
to say that they had recently changed their State regulations to allow 
the use of crossbows as legal archery equipment and are now using the 
term primitive firearms instead of muzzleloaders. Additionally, the 
State requests that we change our regulations to drop the requirement 
for archery certification prior to participation in archery hunts for 
consistency among Louisiana refuges. The State also requests that we 
consider providing additional hunting opportunities that are consistent 
with State regulations (fur trapping and alligator harvest on all 
Louisiana refuges). They recommend that we modify all affected 
Louisiana refuges accordingly.
    Response 3: We agree in part. The Service ensures that any request 
to modify our regulations is consistent with its management 
responsibility. Generally the Refuge System's practice is whenever 
possible to allow hunting in accordance with State regulations so long 
as these regulations continue to conserve the refuge's natural 
resources and ensure visitor safety. Having determined that some of the 
State's regulations are compatible with the Service's management 
responsibilities, we will make the following changes to nine of the 
Louisiana refuges proposed in the January 13, 2009, regulations (Bayou 
Cocodrie, Black Bayou Lake, Cameron Prairie, Cat Island, Catahoula, 
Grand Cote, Lacassine, Lake Ophelia, and Tensas National Wildlife 
Refuges): Remove the prohibition on crossbows; change the word 
``muzzleloader'' to ``primitive firearms''; and drop the archery 
certification requirement in our regulations. Two of the proposed 
refuges (Big Branch Marsh and Sabine) did not reference these issues/
conditions in their refuge-specific regulations but operate in 
accordance with State regulations in any event. We cannot modify 
conditions on the other Louisiana refuges not proposed in the January 
13, 2009, rule. We will, however, in future rulemakings consider 
modifying the other affected Louisiana refuges reflecting these recent 
State regulation changes.
    Regarding the State's request that we ``consider'' additional 
opportunities for trapping and alligator harvest, the Service 
considered this request but does not plan to change our regulations on 
these issues at this time. The Refuge System considers trapping to be a 
management activity and, as such, it would not be considered as a 
recreational opportunity covered by 50 CFR part 32. As discussed 
earlier in the SUPPLEMENTARY INFORMATION section, our general policy is 
to adopt regulations identical to State hunting and sport fishing 
regulations. However, in some cases, 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.
    Comment 4: A commenter questioned the prohibition of crossbows for 
hunting on refuge lands being inconsistent with State of Georgia 
regulations and the majority of States. The commenter feels that the 
prohibition discriminates against disabled, elderly, and youth hunters 
unable to hunt with a bow; and that the Refuge System is understaffed 
to enforce this prohibition. The State of Georgia refuges in question 
are Harris Neck, Savannah, and Wassaw National Wildlife Refuges.
    Response 4: We are making no changes to the regulations at this 
time. However, we are considering the use of crossbows at Savannah, 
Wassaw, and

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Harris Neck National Wildlife Refuges through our comprehensive 
conservation plans (CCPs), scheduled for completion in 2011. Through 
the CCP process, the Service will provide an opportunity for all 
interested members of the public to comment. Even if the Service 
decides to allow the use of crossbows here in a manner consistent with 
the State's regulations, we reserve the right, as discussed in response 
3 and in the Statutory Authority section, to supplement State 
regulations with more restrictive Federal regulations to ensure that we 
meet our management responsibilities.

Effective Date

    This rule is effective upon publication in the Federal Register. We 
have determined that any further delay in implementing these refuge-
specific hunting and sport fishing regulations would not be in the 
public interest, in that a delay would hinder the effective planning 
and administration of the hunting and fishing programs. We provided a 
30-day public comment period for the January 13, 2009, proposed rule. 
An additional delay would jeopardize holding the hunting and/or fishing 
programs this year or shorten their duration and thereby lessen the 
management effectiveness of this regulation. This rule does not impact 
the public generally in terms of requiring lead time for compliance. 
Rather it relieves restrictions in that it allows activities on refuges 
that we would otherwise prohibit. Therefore, we find good cause under 5 
U.S.C. 553(d)(3) to make this rule effective upon date of publication.

Amendments to Existing Regulations

    This document codifies in the Code of Federal Regulations 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. Furthermore, this 
redundancy helps ensure continued conservation of wildlife and 
protection of the environment with respect to regulations limiting the 
amount and type of ammunition permitted.
    We are revising 50 CFR 32.8, ``Areas closed to hunting,'' by 
removing the entry dated October 2, 1958, under the States of Iowa, 
Minnesota, and Wisconsin which was mooted by 2007 regulations discussed 
below. On October 24, 2006, we published a comprehensive conservation 
plan describing habitat and waterfowl use changes in those closed areas 
and outlined needed location and boundary changes. We further published 
a final regulation on September 7, 2007 (72 FR 51534), amending hunting 
and fishing regulations for the Upper Mississippi River National 
Wildlife and Fish Refuge in the States of Illinois, Iowa, Minnesota, 
and Wisconsin, which included changes to the system of closed areas, 
thus making the 1958 entries moot. A copy of the refuge comprehensive 
conservation plan can be found at www.fws.gov/midwest/planning/uppermiss.
    We have removed conditions pertaining to different types of and 
allowed use of weaponry and requirements to unload all firearms when 
traveling to and from the hunting area that is redundant with part 
27.42. On May 22, 2009, President Obama signed the Credit Cardholders' 
Bill of Rights Act of 2009 (H.R. 627) containing an amendment that 
would allow firearms in parks and refuges, which is to take effect in 
February, 2010. Accordingly, because these regulations will be 
permanent, we have not included provisions on weapons which are 
inconsistent with this new legislation in this final regulation. Until 
those provisions are effective, the general regulations found at 50 CFR 
27.42 continue to apply.

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/.

Regulatory Planning and Review

    The Office of Management and Budget (OMB) has determined that this 
rule is not significant under Executive Order 12866 (E.O. 12866). OMB 
bases its determination on the following four criteria:
    (a) Whether the rule will have an annual effect of $100 million or 
more on the economy or adversely affect an economic sector, 
productivity, jobs, the environment, or other units of the government.
    (b) Whether the rule will create inconsistencies with other Federal 
agencies' actions.
    (c) Whether the rule will materially affect entitlements, grants, 
use fees, loan programs, or the rights and obligations of their 
recipients.
    (d) Whether the rule raises novel legal or policy issues.

Regulatory Flexibility Act

    Under the Regulatory Flexibility Act (as amended by the Small 
Business Regulatory Enforcement Fairness Act [SBREFA] of 1996) (5 
U.S.C. 601, et seq.), whenever a Federal agency is required to publish 
a notice of rulemaking for any proposed or final rule, it must prepare 
and make available for public comment a regulatory flexibility analysis 
that describes the effect of the rule on small entities (i.e., small 
businesses, small organizations, and small government jurisdictions). 
However, no regulatory flexibility analysis is required if the head of 
an agency certifies that the rule would not have a significant economic 
impact on a substantial number of small entities. Thus, for a 
regulatory flexibility analysis to be required, impacts must exceed a 
threshold for ``significant impact'' and a threshold for a 
``substantial number of small entities.'' See 5 U.S.C. 605(b). SBREFA 
amended the Regulatory Flexibility Act to require Federal agencies to 
provide a statement of the factual basis for certifying that a rule 
would not have a significant economic impact on a substantial number of 
small entities.
    This rule does not increase the number of recreation types allowed 
on the System nor does it establish new hunting or fishing programs on 
national wildlife refuges. Instead, this rule makes administrative 
changes, provides clarification, and makes minor changes to 
recreational opportunities on a number of national wildlife refuges. As 
a result, visitor use for wildlife-dependent recreation on national 
wildlife refuges may change. The changes are likely to minimally impact 
visitor activity on these national wildlife refuges. We do not expect 
an impact to overall visitor use days due to changes on individual 
refuges such as the use of safety belts in tree stands or reporting 
accidents involving property damage or personal injury. There may be 
minor decreases in visitor use due to modifications such as individual 
refuges

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prohibiting the use of permanent structures, prohibiting marking of 
trees, or prohibiting hunting with bait. We would expect only a minor 
change, if any, in visitor use. If visitor use does decrease 
marginally, we would expect these visitors to go to a substitute site 
for the activity and not necessarily result in an overall decrease in 
participation rates for the activity.
    Small businesses within the retail trade industry (such as hotels, 
gas stations, taxidermy shops, bait and tackle shops, etc.) may be 
impacted from some decreased refuge visitation. A large percentage of 
these retail trade establishments in the local communities around 
national wildlife refuges qualify as small businesses. We expect that 
the incremental recreational changes will be scattered, and so we do 
not expect that the rule will have a significant economic effect on a 
substantial number of small entities in any region or nationally.
    With the small change in overall spending anticipated from this 
rule, it is unlikely that a substantial number of small entities will 
have more than a small impact from the spending change near the 
affected refuges. Therefore, we certify that this rule will not have a 
significant economic effect on a substantial number of small entities 
as defined under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). 
An initial/final Regulatory Flexibility Analysis is not required. 
Accordingly, a Small Entity Compliance Guide is not required.

Small Business Regulatory Enforcement Fairness Act

    The rule is not a major rule under 5 U.S.C. 804(2), the Small 
Business Regulatory Enforcement Fairness Act. We anticipate no 
significant employment or small business effects. This rule:
    a. Would not have an annual effect on the economy of $100 million 
or more. The minimal impact would be scattered across the country and 
would most likely not be significant in any local area.
    b. Would not cause a major increase in costs or prices for 
consumers, individual industries, Federal, State, or local government 
agencies, or geographic regions. This rule would have only a slight 
effect on the costs of hunting and fishing opportunities for Americans. 
If the substitute sites are farther from the participants' residences, 
then an increase in travel costs would occur. The Service does not have 
information to quantify this change in travel cost but assumes that, 
since most people travel less than 100 miles to hunt and fish, the 
increased travel cost would be small. We do not expect this rule to 
affect the supply or demand for fishing and hunting opportunities in 
the United States and, therefore, it should not affect prices for 
fishing and 0hunting equipment and supplies, or the retailers that sell 
equipment.
    c. Would not have significant adverse effects on competition, 
employment, investment, productivity, innovation, or the ability of 
United States-based enterprises to compete with foreign-based 
enterprises. This rule represents only a small proportion of 
recreational spending at national wildlife refuges. 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.

Unfunded Mandates Reform Act

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

Takings (E.O. 12630)

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

Federalism (E.O. 13132)

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

Civil Justice Reform (E.O. 12988)

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

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

    On May 18, 2001, the President issued E.O. 13211 on regulations 
that significantly affect energy supply, distribution, and use. E.O. 
13211 requires agencies to prepare Statements of Energy Effects when 
undertaking certain actions. Because this rule would make only minor 
changes to refuges open to hunting and fishing, 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 and 1018-0140). See 50 CFR 
25.23 for information concerning that approval. An agency may not 
conduct or sponsor and a person is not required to respond to a 
collection of information unless it displays a currently valid OMB 
control number.

Endangered Species Act Section 7 Consultation

    We comply with Section 7 of the ESA when developing Comprehensive 
Conservation Plans (CCPs) and step-down management plans (which would 
include hunting and/or fishing plans) for public use of refuges, and 
prior to implementing any new or revised public recreation program on a 
refuge as identified in 50 CFR 26.32.

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 Departmental Manual (DM) 6, Appendix 1. This rule does not 
constitute a major Federal action significantly affecting the quality 
of the human environment. An

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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 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--Hawaii, Idaho, Oregon, and Washington. Regional Chief, 
National Wildlife Refuge System, U.S. Fish and Wildlife Service, 
Eastside Federal Complex, Suite 1692, 911 N.E. 11th Avenue, Portland, 
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.
    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.
    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.
    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.
    Region 8--California and Nevada. Regional Chief, National Wildlife 
Refuge System, U.S. Fish and Wildlife Service, 2800 Cottage Way, Room 
W-2606, Sacramento, California 95825; Telephone (916) 414-6464.

Primary Author

    Leslie A. Marler, Management Analyst, Division of Conservation 
Planning and Policy, National Wildlife Refuge System is the primary 
author of this rulemaking document.

List of Subjects in 50 CFR Part 32

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

    For the reasons set forth in the preamble, we amend title 50, 
chapter I, subchapter C of the Code of Federal Regulations as follows:

PART 32--[AMENDED]

0
1. The authority citation for part 32 continues to read as follows:

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

0
2. Amend Sec. 32.8, ``Areas closed to hunting.'', by removing the 
entries dated ``October 2, 1958,'' under the States of Iowa, Minnesota, 
and Wisconsin.
0
3. Amend Sec. 32.20 Alabama by:
0
a. Adding paragraphs B.6. and B.7., removing paragraph C.3., 
redesignating paragraphs C.4. through C.7. as paragraphs C.3. through 
C.6., revising newly redesignated paragraph C.6, and adding paragraphs 
C.7. and C.8. of Cahaba River National Wildlife Refuge;
0
b. Adding paragraph B.11., revising paragraph C.1., removing paragraphs 
C.4., C.6., and C.7., and redesignating paragraph C.5. as paragraph 
C.4. of Choctaw National Wildlife Refuge;
0
c. Revising paragraph A.3., adding paragraph B.6., and revising 
paragraph C.6. of Eufaula National Wildlife Refuge; and
0
d. Revising paragraphs A., B.1., and C.1. and adding paragraph C.4. of 
Mountain Longleaf National Wildlife Refuge to read as follows:


Sec.  32.20  Alabama.

* * * * *

Cahaba River National Wildlife Refuge

* * * * *
    B. Upland Game Hunting. * * *
* * * * *
    6. All youth hunters age 15 and younger must remain within sight 
and normal voice contact of an adult age 21 or older, possessing a 
valid hunting license. Youth hunters must have passed a State-approved 
hunter education course. One adult may supervise no more than two 
youths.
    7. We prohibit marking trees and the use of flagging tape, 
reflective tacks, and other similar marking devices (see Sec. 32.2(i)).
    C. Big Game Hunting. * * *
    6. Conditions B2, B3, and B8 apply.
    7. All youth hunters age 15 and younger must remain within sight 
and normal voice contact of an adult age 21 or older, possessing a 
valid hunting license. Youth hunters must have passed a State-approved 
hunter education course. One adult may supervise no more than one 
youth.
    8. We prohibit participation in organized drives.
* * * * *

Choctaw National Wildlife Refuge

* * * * *
    B. Upland Game Hunting. * * *
* * * * *
    11. We prohibit the use of mules, horses, and ATVs on all refuge 
hunts.
    C. Big Game Hunting. * * *
    1. Conditions B1 through B8 and B11 apply.
* * * * *

[[Page 45679]]

Eufaula National Wildlife Refuge

    A. Migratory Game Bird Hunting. * * *
* * * * *
    3. We allow goose and duck hunting by permit only in the Kennedy 
and Bradley Units on selected days until 12 p.m. (noon) during State 
waterfowl seasons. We close all other areas within the refuge to 
waterfowl hunting.
* * * * *
    B. Upland Game Hunting. * * *
* * * * *
    6. You may possess only approved nontoxic shotshells while in the 
field (see Sec. 32.2(k)).
    C. Big Game Hunting. * * *
* * * * *
    6. We prohibit damaging trees or hunting from a tree that contains 
an inserted metal object (see Sec. 32.2(i)). Hunters must remove tree 
stands from the refuge each day (see Sec. 27.93 of this chapter).
* * * * *

Mountain Longleaf National Wildlife Refuge

    A. Migratory Game Bird Hunting. We allow hunting of woodcock on 
designated areas of the refuge in accordance with State regulations 
subject to the following conditions:
    1. You must possess and carry a signed refuge hunt permit while 
hunting.
    2. We prohibit marking trees and the use of flagging tape, 
reflective tacks, and other similar marking devices (see Sec. 27.61 of 
this chapter).
    3. All youth hunters age 15 and younger must remain within sight 
and normal voice contact of an adult age 21 or older, possessing a 
valid hunting license. Youth hunters must have passed a State-approved 
hunter education course. One adult may supervise no more than two 
youths.
    4. We prohibit the use of horses, mules, and ATVs on all refuge 
hunts.
    B. Upland Game Hunting. * * *
    1. Conditions A1 through A5 apply.
* * * * *
    C. Big Game Hunting. * * *
    1. Conditions A1 through A3 and A5 apply.
* * * * *
    4. All youth hunters age 15 and younger must remain within sight 
and normal voice contact of an adult age 21 or older, possessing a 
valid State hunting license. Youth hunters must have passed a State-
approved hunter education course. One adult may supervise no more than 
one youth.
    5. We require tree stand users to use a safety belt or harness.
* * * * *

0
4. Amend Sec. 32.22 Arizona by revising paragraph A.1., adding 
paragraphs A.8 through A.11., revising paragraphs B.1., C.1., and C.2., 
and adding paragraph D.5. of Bill Williams River National Wildlife 
Refuge to read as follows:


Sec.  32.22  Arizona.

* * * * *

Bill Williams River National Wildlife Refuge

    A. Migratory Game Bird Hunting. * * *
    1. We allow only shotguns for hunting. We limit all shotguns to a 
maximum three-shell capacity, unless it is plugged with a one-piece 
filler, incapable of removal without disassembling the gun, so its 
total capacity does not exceed three shells (see Sec. 20.21(b) of this 
chapter).
* * * * *
    8. Anyone for hire to assist or guide a hunter or angler must first 
obtain, possess, and carry a valid Special Use Permit issued by the 
refuge manager.
    9. We prohibit the construction or use of any pits, permanent 
blinds, or other structures (see Sec. 27.92 of this chapter).
    10. Hunters must remove all personal items from the refuge at the 
end of each day's activity, i.e., boats, equipment, cameras, temporary 
blinds, stands, etc. (see Sec. 27.93 of this chapter).
    11. Hunters must report accidents involving property damage or 
personal injury to the refuge manager or authorized Service personnel 
(see Sec. 25.72 of this chapter).
    B. Upland Game Hunting. * * *
    1. Conditions A1 through A11 apply.
* * * * *
    C. Big Game Hunting. * * *
    1. Conditions A3 and A5 through A11 apply.
    2. We only allow hunting on the refuge in those areas south of the 
Bill Williams River Road and east of Arizona State Rt. 95 plus the 
south half of Section 35, T.11N, R 17W as posted. Exceptions: Arizona 
Wildlife Management Areas 16A and 44A.
    D. Sport Fishing. * * *
* * * * *
    5. Conditions A3 and A7 through A11 apply.
* * * * *

0
5. Revising Sec. 32.23 Arkansas by:
0
a. Revising paragraphs B.3. and B.4. of Bald Knob National Wildlife 
Refuge;
0
b. Revising paragraphs B.2. and B.3. of Cache River National Wildlife 
Refuge;
0
c. Revising paragraphs A.1. and A.11., and adding paragraphs A.22. 
through A.25. of Felsenthal National Wildlife Refuge;
0
d. Revising paragraphs A.1. and A.11. and adding paragraphs A.21. 
through A.24. of Overflow National Wildlife Refuge;
0
e. Revising paragraphs A.1., A.3., A.7., A.10., A.12., A.14., A.16., 
and A.17., adding paragraphs A.20. through A.24., revising paragraphs 
B.2., B.3., B.5., C.2., C.4., C.8., C.12., C.15., adding paragraphs 
C.17. and C.18., and revising paragraph D.2. of Pond Creek National 
Wildlife Refuge; and
0
f. Revising paragraphs A.8. through A.10., A.14., adding paragraph 
A.17., and revising paragraphs B.8., C.2. through C.4., C.8., C.17., 
C.22., removing paragraph D.8., redesignating paragraphs D.9. through 
D.11. as paragraphs D.8. through D.10., and revising newly redesignated 
paragraphs D.8. and D.10. of White River National Wildlife Refuge to 
read as follows:


Sec.  32.23  Arkansas.

* * * * *

Bald Knob National Wildlife Refuge

* * * * *
    B. Upland Game Hunting. * * *
* * * * *
    3. We allow fall squirrel hunting in accordance with the State 
season on the Mingo Creek Unit and on the Farm Unit, except for season 
closure on the Farm Unit during the Gun Deer Hunt. We prohibit dogs, 
except for the period of December 15 through February 28. We do not 
open for the spring squirrel season.
    4. We allow rabbit hunting in accordance with the State season on 
the Mingo Creek Unit and on the Farm Unit, except for season closure on 
the Farm Unit during the Gun Deer Hunt. We prohibit dogs, except for 
the period of December 15 through February 28.
* * * * *

Cache River National Wildlife Refuge

* * * * *
    B. Upland Game Hunting. * * *
* * * * *
    2. Fall squirrel season corresponds with the State season on all 
refuge hunt units except for refugewide season closure during the Gun 
Deer Hunt. We prohibit dogs, except for the period of December 15 
through February 28. We do not open for the spring squirrel season.
    3. Rabbit season corresponds with the State season on all refuge 
hunt units except for refugewide season closure during the Gun Deer 
Hunt. We prohibit dogs, except for the period of December 15 through 
February 28.
* * * * *

Felsenthal National Wildlife Refuge

    A. Migratory Game Bird Hunting. * * *

[[Page 45680]]

    1. We allow hunting of duck, goose, and coot during the State duck 
season except during scheduled quota refuge Gun Deer Hunts. We allow 
hunting of woodcock during the State season. Dates for quota deer hunts 
are typically in November, and we publish them annually in the refuge 
hunt brochure. We are open for the September teal season.
* * * * *
    11. Hunters under age 16 do not need to have a hunter education 
card if they are under the direct supervision (within arm's reach) of a 
holder of a valid hunting license at least age 21.
* * * * *
    22. We prohibit hunting with the aid of bait, salt, or any 
ingestible attractant (see Sec. 32.2(h)).
    23. We prohibit hunting from a tree in which a metal object has 
been driven to support a hunter (see Sec. 32.2(i)).
    24. If you harvest a deer or turkey on the refuge, you must 
immediately record the zone 220 on your deer/turkey tag as the zone of 
kill.
    25. We prohibit the taking of wildlife or plants (including cutting 
trees or brush) other than specified in the hunt brochure (see 
Sec. 27.51 of this chapter).
* * * * *

Overflow National Wildlife Refuge

    A. Migratory Game Bird Hunting. * * *
    1. We allow hunting of duck, goose, and coot during the State duck 
season. We allow hunting of woodcock during the State season. The 
September teal season is closed.
* * * * *
    11. Hunters under age 16 do not need to have a hunter education 
card if they are under the direct supervision (within arm's reach) of a 
holder of a valid hunting license who is at least age 21.
* * * * *
    21. We prohibit hunting with the aid of bait, salt, or any 
ingestible attractant (see Sec. 32.2(h)).
    22. We prohibit hunting from a tree in which a metal object has 
been driven to support a hunter (see Sec. 32.2(i)).
    23. If you harvest a deer or turkey on the refuge, you must 
immediately record the zone 490 on your deer/turkey tag as the zone of 
kill.
    24. We prohibit the taking of wildlife or plants (including cutting 
trees or brush) other than specified in this brochure (see Sec. 27.51 
of this chapter).
* * * * *

Pond Creek National Wildlife Refuge

    A. Migratory Game Bird Hunting. * * *
    1. We allow hunting of migratory game birds during the State duck 
seasons, except we close during scheduled quota refuge Gun Deer Hunts. 
Dates for quota deer hunts are typically in November, and we publish 
them annually in the refuge hunt brochure. We are open for the 
September teal season.
* * * * *
    3. We only allow portable blinds. Hunters must remove from the hunt 
area each day all duck hunting equipment, including blinds, decoys, and 
boats (see Sec. 27.93 of this chapter).
* * * * *
    7. We prohibit marking trails with material other than 
biodegradable paper, flagging, or reflective tape/tacks.
* * * * *
    10. Hunters under age 16 do not need to have a hunter education 
card if they are under the direct supervision (within arm's reach) of a 
holder of a valid hunting license who is at least age 21. An adult age 
21 or older must supervise youth hunters under age 16 who have a valid 
Hunter Education Card, and youth hunters must remain in sight and 
normal voice contact with the adult. One adult may supervise no more 
than two youth hunters for any hunting season.
* * * * *
    12. We prohibit hunting within 150 feet (45 m) of roads and trails 
(see Sec. 27.31 of this chapter) open to motor vehicle use (including 
ATV and designated hiking trails).
* * * * *
    14. We allow only camping at designated primitive campground sites 
identified in the refuge hunt brochure. We restrict camping to the 
individuals involved in refuge wildlife-dependent activities. Campers 
may stay no more than 14 days during any consecutive 30-day period in a 
campground and must occupy the camps daily. We prohibit all 
disturbances, including use of generators, after 10 p.m. We allow no 
more than three portable stands per person.
* * * * *
    16. We prohibit blocking of gates, boat ramps, or roadways (see 
Sec. 27.31(h) of this chapter).
    17. We allow the use of retriever dogs during State waterfowl 
seasons.
* * * * *
    20. We prohibit possession, placement, or hunting over bait, salt, 
or any other ingestible attractant (see Sec. 32.2(h)).
    21. We prohibit the use of an artificial light to locate wildlife 
(exception: raccoon/opossum hunting with dogs).
    22. We prohibit taking of wildlife or plants (including cutting 
trees or brush) other than what we allow in the refuge brochure (see 
Sec. 27.51 of this chapter).
    23. We prohibit placement of metal objects (screw, nail, spike, 
etc.) into a tree to support a hunter or hunting from a tree with such 
metal objects placed (see Sec. 32.2(i)).
    24. We prohibit possessing, using, or leaving any tree stand, game 
camera, or boat on the refuge without the owner's name and address 
affixed in a conspicuous manner.
    B. Upland Game Hunting. * * *
* * * * *
    2. We do not open for spring squirrel season and summer/fall 
raccoon season.
    3. Conditions A4 through A16 and A19 through A24 apply.
* * * * *
    5. We allow use of dogs for squirrel, rabbit, raccoon, and opossum 
hunting during the State raccoon/opossum hunting season. At other times 
you must keep dogs and other pets on a leash or confined (see 
Sec. 26.21(b) of this chapter).
    C. Big Game Hunting. * * *
* * * * *
    2. Conditions A4 through A16 and A19 through A24 apply.
* * * * *
    4. We allow muzzleloader deer hunting during the October State 
muzzleloader season for this deer management zone. The bag limit is one 
buck and one doe. Hunters must take and check-in a doe before taking a 
buck.
* * * * *
    8. You must check all deer taken during the quota gun deer and 
muzzleloader hunts at the refuge deer check station on the same day of 
kill. You must keep carcasses of deer taken intact (you may remove 
entrails) until checked.
* * * * *
    12. The refuge will conduct one 2-day, youth-only (age 15 and 
younger at the beginning of the spring turkey season) quota spring 
turkey hunt and one 3-day quota spring turkey hunt (typically in 
April). Specific hunt dates and application procedures will be 
available in January. We restrict hunt participants on these hunts to 
those drawn for a quota permit, except that during the youth hunt, a 
nonhunting adult age 21 or older must accompany the youth hunter. The 
limit is one bearded turkey.
* * * * *
    15. One adult may supervise no more than one youth during big game 
hunts.
* * * * *
    17. We prohibit deer drives.

[[Page 45681]]

    18. We prohibit all public use, except fishing and access for 
fishing, during quota hunts.

D. Sport Fishing. * * *

* * * * *
    2. Conditions A4 through A16 and A18 through A24 apply.
* * * * *

White River National Wildlife Refuge

    A. Migratory Game Bird Hunting. * * *
* * * * *
    8. Waterfowl hunters may enter and access the refuge no earlier 
than 4 a.m.
    9. The following refuge users (age 16 or older) must sign and 
possess and carry a refuge general user permit: hunters, anglers, 
campers, and ATV users.
    10. We prohibit boating December 1 through January 31 in the South 
Unit Waterfowl Hunt Area, except from 4 a.m. to 1 p.m. on designated 
hunt days.
* * * * *
    14. We prohibit waterfowl hunting on Kansas Lake Area (indicated in 
user permit).
* * * * *
    17. We allow the use of ATVs only on yellow-marked trails 
throughout the refuge, unless marked otherwise. We prohibit the use of 
ATVs after December 15 each year in designated South Unit areas (see 
user permit for areas).
    B. Upland Game Hunting. * * *
* * * * *
    8. We allow spring squirrel hunting on the North Unit with the 
concurrent State spring season dates.
    C. Big Game Hunting. * * *
* * * * *
    2. Archery deer and turkey seasons on the North Unit will begin 
with the concurrent State archery season and end January 31. (Kansas 
Lake Area Closed after November 30)
    3. Archery deer and turkey seasons on the South Unit will begin 
with the concurrent State archery season and end December 31.
    4. The user permit dictates the modern gun quota deer season dates 
each year for the North and South Units. We require a quota permit. You 
may take one deer of either sex.
* * * * *
    8. We allow muzzleloader hunting on the North Unit for 4 
consecutive days following the 3-day muzzleloader quota hunt. We allow 
take of only one buck.
* * * * *
    17. We prohibit distribution of bait or hunting with the aid of 
bait, salt, or ingestible attractant (see Sec. 32.2(h)).
* * * * *
    22. We prohibit leaving a hunt stand after February 7 (one week 
after the end of the season).
* * * * *
    D. Sport Fishing. * * *
* * * * *
    8. We allow commercial fishing on all refuge waters from 12:00 p.m. 
(noon) September 30 through 12:00 p.m. (noon) November 30. However, 
when the White River exceeds 23.5 feet (7 m) at the St. Charles, 
Arkansas gauge or 146 msl (mean sea level) at the tailwater gauge at 
Lock and Dam 1 on the Arkansas Post Canal, we allow commercial 
fishing on all refuge waters from 12:00 p.m. (noon) March 1 through 
12:00 p.m. (noon) September 30.
* * * * *
    10. Anglers must reset trotlines when receding water levels expose 
them. Anglers must display their name and address on a tag on each 
line.

0
6. Amend Sec. 32.24 California by:
0
a. Revising paragraphs A.1., A.6. through A.8., removing paragraph 
A.10., and redesignating paragraphs A.11. and A.12. as paragraphs A.10. 
and A.11. of Humboldt Bay National Wildlife Refuge; and
0
b. Revising paragraphs A.6., A9., A.11., B.2., C.1., C.3., and D.2. of 
Sacramento River National Wildlife Refuge to read as follows:


Sec.  32.24  California.

* * * * *

Humboldt Bay National Wildlife Refuge

    A. Migratory Game Bird Hunting. * * *
    1. We require adults age 18 or older to accompany youth hunters 
under age 16. No more than three youth hunters may accompany one adult 
hunter.
* * * * *
    6. We require hunters to keep dogs inside vehicles, or on a leash, 
except when using them for authorized hunting purposes (see 
Sec. 26.21(b) of this chapter).
    7. On the Salmon Creek Unit, we allow hunting on Tuesdays and 
Saturdays (except Federal holidays), and hunters must possess and carry 
a valid daily refuge permit. We issue refuge permits prior to each hunt 
by random drawing conducted at the check station 1\1/2\; hours before 
legal shooting time. Shooting time ends at 3 p.m. Hunters drawn for a 
blind must completely fill out a Refuge Hunt Permit, which includes a 
``Record of Harvest'' section. Each hunter must possess and carry the 
Refuge Hunt Permit/Record of Harvest document while on the refuge and 
turn in a complete Record of Harvest at the check station before 
leaving the hunt area.
    8. On the Salmon Creek Unit, you may possess only approved nontoxic 
shotshells (see Sec. 32.2(k)) in quantities of 25 or less per hunter, 
per day.
* * * * *

Sacramento River National Wildlife Refuge

    A. Migratory Game Bird Hunting. * * *
* * * * *
    6. Access to the hunt area on all units open to public hunting is 
by boat only, except on Sul Norte Unit, Drumheller, and Drumheller 
North, which are accessible by foot traffic or boat. We prohibit 
bicycles or other conveyances. Mobility-impaired hunters should consult 
with the refuge manager for allowed conveyances.
* * * * *
    9. We open the refuge for day-use access from 1\1/2\ hours before 
legal sunrise until 1\1/2\ hours after legal sunset. We allow access 
during other hours on gravel bars only (see condition A8).
* * * * *
    11. We prohibit permanent blinds. You must remove all personal 
property, including decoys and boats, by 1\1/2\ hours after legal 
sunset (see Sec. Sec. 27.93 and 27.94 of this chapter).
* * * * *
    B. Upland Game Hunting. * * *
* * * * *
    2. Conditions A3 through A12 apply.
    C. Big Game Hunting. * * *
    1. Conditions A4 through A12, and B1 apply.
* * * * *
    3. You must remove all personal property, including stands, from 
the refuge by 1\1/2\ hours after legal sunset (see Sec. Sec. 27.93 and 
27.94 of this chapter).
    D. Sport Fishing. * * *
* * * * *
    2. On Packer Lake, due to primitive access, we allow only boats up 
to 14 feet (4.2 m) and canoes. We allow electric motors only.
* * * * *

0
7. Amend Sec. 32.27 Delaware by revising Prime Hook National Wildlife 
Refuge to read as follows:


Sec.  32.27  Delaware.

* * * * *

Prime Hook National Wildlife Refuge

    A. Migratory Game Bird Hunting. We allow hunting of waterfowl, 
coot, mourning dove, snipe, and woodcock on designated areas of the 
refuge in accordance with State regulations subject to the following 
conditions:
    1. We require daily permits and fees. The permits are 
nontransferable.

[[Page 45682]]

Consult with the refuge manager for details on permit conditions.
    2. For all refuge hunts, a hunting or nonhunting adult age 18 or 
older must accompany a permitted juvenile age 17 or under.
    3. Hunters may take waterfowl and coot on the Waterfowl Hunting 
Area only as designated on brochures available from the refuge manager.
    4. The refuge is open to hunting of waterfowl and coot on Mondays, 
Wednesdays, Fridays, and Saturdays throughout the State waterfowl 
hunting seasons from \1/2\ hour before legal sunrise until 3 p.m. 
Consult the refuge manager for dates when we close to hunting or have 
limited hunts.
    5. Access to the Waterfowl Hunting Area is by boat only and hunters 
must use designated launching sites to launch their boats.
    6. We prohibit the use of air-thrust and inboard water-thrust boats 
on all waters within the refuge boundaries. We allow a maximum 
horsepower of 30 HP.
    7. We allow waterfowl hunting from designated blind sites only. We 
allow a maximum of three people per blind.
    8. Hunters may take mourning dove, snipe, and woodcock only on the 
upland game hunting areas as shown on brochures available from the 
refuge manager.
    B. Upland Game Hunting. We allow hunting of pheasant, rabbit, and 
quail on designated areas of the refuge in accordance with State 
regulations subject to the following conditions:
    1. Conditions A1 and A2 apply.
    2. Hunters may take pheasant, rabbit, and quail only on designated 
upland game hunting areas as shown on brochures available from the 
refuge manager.
    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. Conditions A1 and A2 apply.
    2. Hunters may take white-tailed deer only on designated deer 
hunting areas as shown on brochures available from the refuge manager.
    3. Deer hunting during firearms seasons must be from designated 
stands only, unless actively tracking or retrieving wounded deer. We 
allow hunters to hunt from portable stands during archery hunts in all 
designated areas and during firearms hunts in the Slaughter Canal Area 
only. Tree stands must be portable, temporary in design, and completely 
removed at the end of each day. The Service is not responsible for any 
stands left overnight.
    4. All persons in firearms hunting areas must display a minimum of 
400 total square inches (2,600 cm\2\) of solid-blaze-orange material on 
their head, chest, and back. Blaze-orange camouflage is not acceptable. 
This includes hunters who are archery hunting on the refuge during days 
that coincide with State firearms hunt dates for deer.
    5. Hunters may use or possess slugs only during designated shotgun 
seasons.
    6. Each permitted hunter has a season limit of only one antlered 
deer on the 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 allow fishing and launching of boats on designated areas as 
shown on brochures available from the refuge manager.
    2. The refuge is open from \1/2\ hour before legal sunrise to \1/2\ 
hour after legal sunset. All boats must be off the water at legal 
sunset.
    3. Anglers using boats on Turkle and Fleetwood Ponds may propel 
them manually or with electric motors only.
    4. We prohibit the use of air-thrust and inboard water-thrust boats 
on all waters within the refuge boundaries. We allow a maximum of 30HP 
on Prime Hook Creek.

0
8. Amend Sec. 32.28 Florida by:
0
a. Revising paragraphs A.2., A.3., A.5., A.6., and A.13. of Arthur R. 
Marshall Loxahatchee National Wildlife Refuge;
0
b. Revising paragraph D.5. of Hobe Sound National Wildlife Refuge;
0
c. Revising paragraph B.2. and removing B.4. of Lower Suwannee National 
Wildlife Refuge;
0
d. Adding paragraph A.14. of Merritt Island National Wildlife Refuge;
0
e. Adding paragraph A.5. and revising paragraphs D.5. and D.7. of St. 
Marks National Wildlife Refuge; and
0
f. Revising paragraphs C.2., C.9., and C.19.iii. of St. Vincent 
National Wildlife Refuge to read as follows:


Sec.  32.28  Florida.

* * * * *

Arthur R. Marshall Loxahatchee National Wildlife Refuge

    A. Migratory Game Bird Hunting. * * *
* * * * *
    2. We allow hunting in the interior of the refuge south of latitude 
line 26.27.130 and north of mile markers 12 and 14. We prohibit hunting 
from canals or levees and those areas posted as closed.
    3. Consult the refuge manager for current waterfowl season dates 
and times.
* * * * *
    5. We allow hunting on the refuge from \1/2\ hour before legal 
sunrise to 1 p.m. Hunters may enter the refuge no earlier than 4 a.m. 
and must be off the refuge by 3 p.m.
    6. Hunters may enter and leave the refuge at the Headquarters Area 
(Boynton Beach), the Hillsboro Area (Boca Raton), and the 20 Mile Bend 
Area (West Palm Beach).
* * * * *
    13. We only allow boats equipped with outboards or electric motors 
and nonmotorized boats. We prohibit airboats, hovercraft, and personal 
watercraft (Go Devils, Jet Skis, jet boats, and Wave Runners). All 
boats operating within the hunt area must fly a 12 inch by 12 inch (30 
cm x 30 cm) orange flag, 10 feet (3 m) above the vessel's waterline.
* * * * *

Hobe Sound National Wildlife Refuge

* * * * *
    D. Sport Fishing. * * *
* * * * *
    5. We allow only two poles per angler, and anglers must attend 
those poles at all times in conjunction with the Martin County, 
Florida, two-pole ordinance.
* * * * *

Lower Suwannee National Wildlife Refuge

* * * * *
    B. Upland Game Hunting. * * *
* * * * *
    2. The refuge upland game hunting season opens on the Monday after 
the refuge limited hog hunt closes and ends on February 28.
* * * * *

Merritt Island National Wildlife Refuge

    A. Migratory Game Bird Hunting. * * *
* * * * *
    14. Hunters may not use or possess more than 25 shells per day.
* * * * *

St. Marks National Wildlife Refuge

    A. Migratory Game Bird Hunting. * * *
* * * * *
    5. We prohibit migratory game bird hunting in the Executive Closure 
area on the refuge.
* * * * *
    D. Sport Fishing. * * *
* * * * *

[[Page 45683]]

    5. We allow use of hand-launched boats on impoundments on the St. 
Marks Unit from March 15 through October 15 each year. We prohibit 
launching of boats from trailers in the impoundments in the St. Marks 
Unit.
* * * * *
    7. We prohibit use of cast nets and traps to take fish from any 
lake, pond, or impoundment on the refuge.
* * * * *

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 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 4 p.m. on 
the last day of the hunt.
* * * * *
    9. You may retrieve game from the closed areas only if accompanied 
by a refuge staff member.
* * * * *
    * *
    iii. Primitive weapons hunt - one white-tailed deer buck having one 
or more forked antlers at least 5 inches (12.5 cm) in length visible 
above the hairline with points greater than 1 inch (12.5 cm) in length; 
we issue a limited number of either-sex permits. If you have an either-
sex permit, the bag limit is one deer that may be antlerless or a buck 
with legal antler configuration. There is no limit on feral hog or 
raccoon.
* * * * *

0
9. Amend Sec. 32.29 Georgia by:
0
a. Removing paragraph C.5. and redesignating paragraphs C.6. through 
C.19. as paragraphs C.5. through C.18. of Blackbeard Island National 
Wildlife Refuge;
0
b. Revising paragraph C.2., removing paragraph C.3., redesignating 
paragraphs C.4. through C.22. as paragraphs C.3. through C.21., 
revising newly redesignated paragraph C. 18., and adding paragraph 
C.22. of Bond Swamp National Wildlife Refuge;
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c. Revising paragraphs C.9. and C.12. of Harris Neck National Wildlife 
Refuge;
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d. Revising paragraph D.4. of Piedmont National Wildlife Refuge;
0
e. Revising paragraphs A.1., C.3., C.5., C.10., and adding paragraph 
C.11. of Savannah National Wildlife Refuge; and
0
f. Revising paragraphs C.8. and C.9. of Wassaw National Wildlife Refuge 
to read as follows:


Sec.  32.29  Georgia.

* * * * *

Bond Swamp National Wildlife Refuge

* * * * *
    C. Big Game Hunting. * * *
* * * * *
    2. We require you to possess and carry a signed refuge hunt permit 
while hunting. You may obtain this permit from the refuge office.
* * * * *
    18. We prohibit ATVs on the refuge except by disabled hunters with 
a refuge Special Use Permit.
* * * * *
    22. Firearm hunting for feral hogs follows State of Georgia deer 
firearms restrictions except we prohibit possession or use of buckshot.
* * * * *

Harris Neck National Wildlife Refuge

* * * * *
    C. Big Game Hunting. * * *
* * * * *
    9. During the archery hunt, we only allow bows. We prohibit 
crossbows (see Sec. 27.43 of this chapter).
* * * * *
    12. During the g