2009-2010 Refuge-Specific Hunting and Sport Fishing Regulations-Additions, 18413-18427 [2010-8307]

Agencies

• Fish and Wildlife Service
• DEPARTMENT OF THE INTERIOR

[Federal Register Volume 75, Number 69 (Monday, April 12, 2010)]
[Rules and Regulations]
[Pages 18413-18427]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-8307]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 32

[Docket No. FWS-R9-NSR-2009-0023] [93270-1265-0000-4A]
RIN 1018-AW49


2009-2010 Refuge-Specific Hunting and Sport Fishing Regulations-
Additions

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Fish and Wildlife Service adds two refuges to the list of 
areas open for hunting and/or sport fishing programs and increases the 
activities available at eight other refuges for the 2009-2010 season. 
One refuge will see a decrease in activities and another refuge will 
see no net change in activities for the 2009-2010 season.

DATES: This rule is effective April 12, 2010.

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 standardizing and clarifying the 
language of existing regulations.

Plain Language Mandate

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

Statutory Authority

    The National Wildlife Refuge System Administration Act of 1966 (16 
U.S.C. 668dd-668ee, as amended by the National Wildlife Refuge System 
Improvement Act of 1997 [Improvement Act]) (Administration Act), and 
the Refuge Recreation Act of 1962 (16 U.S.C. 460k-460k-4) (Recreation 
Act) govern the administration and public use of refuges.
    Amendments enacted by the Improvement Act, which 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

[[Page 18414]]

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.

Response to Comments Received

    In the December 29, 2009, Federal Register [74 FR 68968], 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 2009-2010 season. We received five comments (three from the 
same commenter) on the proposed rule during a 30-day comment period. 
One commenter supported the decision to open Turnbull National Wildlife 
Refuge (NWR) in Washington for hunting, and another commenter was 
generally supportive of all proposed openings with a concern raised 
about the proposed cut in weekend waterfowl hunting opportunities at 
Mathews Brake NWR in Mississippi. That concern is addressed below in 
Comment/Response 4.
    Comment 1: The commenter believes hunting is incompatible with the 
public interest, that it is discriminatory in nature and 
disenfranchises millions of residents in the United States.
    Response 1: We disagree. The 1997 National Wildlife Refuge System 
Administration Act stipulates that hunting (along with fishing, 
wildlife observation and photography, and environmental education and 
interpretation), if found to be compatible, is a legitimate and 
priority general public use of a refuge that should be facilitated. The 
Administration Act authorizes the Secretary to allow use of any refuge 
area for any purpose as long as those uses are compatible. In the case 
of each refuge opening/expansion in this rule, the refuge managers went 
through the compatibility process (which allows for public comment), in 
addition to complying with the National Environmental Policy Act (42 
U.S.C. 4321 et seq.) [NEPA] (which also allows for public comment) to 
make the determination before opening or expanding their refuge to 
allow for hunting. We made no change to this rulemaking as a result of 
this comment.
    Comment 2: The same commenter asked for an extension of time to 
further comment on the proposed rule and felt that we discriminate by 
not allowing email or facsimile comments on the proposed rule.
    Response 2: We disagree that the comment period is insufficient. 
The process of opening refuges is done in stages, with the fundamental 
work being done on the ground at the refuge and in the community where 
the program is administered. In these stages, the public is provided 
other opportunities to comment, for example, on the comprehensive 
conservation plans, the compatibility determinations, and the hunt 
plans and accompanying NEPA documents. The final stage is when we 
publish the proposed rule in the Federal Register for additional 
comment, commonly providing a 30-day comment period.
    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 wildlife-dependent recreational activities on 
a number of refuges. Even after issuance of a final rule, we accept 
comments, suggestions, and concerns for consideration for any 
appropriate subsequent rulemaking.
    As to no longer accepting facsimile or email comments, this change 
occurred on December 10, 2007, when the Service became a participating 
agency in the Federal Government's eRulemaking program, including the 
Federal Docket Management System (FDMS). FDMS is the agency side of 
Regulations.gov. Rulemaking documents are directly loaded from the 
Federal Register into Regulations.gov for public review. FDMS enables 
agencies, including the Service, to manage their administrative records 
(dockets) electronically and to post public comments on 
Regulations.gov. At the time that the Service began participating in 
FDMS, the Service determined that, for rulemaking documents, we use 
only the following methods for the public to comment: (1) Online 
through Regulations.gov; (2) by U.S. mail; or (3) by hand delivery. 
This helps ensure efficiency in allowing public review of our dockets.
    Comment 3: The same commenter wondered if we are ``conserving'' 
fish, why are most species extinct at present. He or she continued, 
``If you are conserving birds, why are 40 [bald] eagles in an entire 
state considered adequate for ecological purposes?'' The commenter 
lives on the east coast, so our assumption is that he or she is 
referring to bald eagles.
    Response 3: This rule opened no new refuges to fishing; four of the 
refuges remain closed to fishing and the remaining eight refuges were 
already open to fishing. We allow no fishing for species that are 
listed as either threatened or endangered. We comply with section 7 of 
the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) when 
developing comprehensive conservation plans and step-down management 
plans and have consulted with Ecological Services offices for each of 
the affected refuge openings. In no case was there a finding that 
hunting activities would affect threatened or endangered species.
    The Service removed bald eagles from the Federal List of Endangered 
and Threatened Wildlife in the lower 48 States on August 8, 2007. We 
based our determination on a thorough review of all available 
information, which indicated that the threats to this species had been 
eliminated or reduced to the point that the species has recovered and 
no longer meets the definition of threatened or endangered under the 
Endangered Species Act. According to the July 9, 2007, final rule 
published in the Federal Register (72 FR 37346), we went from 487 
breeding pairs in 1963 to 9,789 breeding pairs in 2007. The recovery of 
the bald eagle is due in part to the reduction in levels of persistent 
organochlorine pesticides (such as DDT) occurring in the environment 
and habitat protection and management actions. The protections provided 
to the bald eagle under the Bald and Golden Eagle Protection Act (16 
U.S.C. 668-668c) and the Migratory Bird Treaty Act

[[Page 18415]]

(16 U.S.C. 703-712) continue to remain in place after delisting of the 
species.
    Comment 4: A commenter expressed concern over the proposed 
reduction of total migratory bird hunting days (by 200 in weekend 
waterfowl hunting opportunities) at Mathews Brake NWR in Mississippi. 
The commenter encourages us and the refuge administrators to work with 
the local hunting community to find ways to reopen those days and to 
provide enhanced weekend hunting opportunities.
    Response 4: Mathews Brake has long had the reputation of being a 
consistently good waterfowl hunting area, and it annually attracts 
hunters from many different States. Good hunting sites are very 
limited, producing a fierce competition among hunters, especially on 
opening day and weekends. As an example, 2008 opening day of waterfowl 
season had a total of 84 boats trying to vie for the places to hunt 
within the limited area. As described in Objective 6B of the 2006 
Comprehensive Conservation Plan for the Theodore Roosevelt National 
Wildlife Refuges Complex, of which Mathews Brake is part, one of our 
objectives for this hunt program is to ``provide hunters with a high-
quality, safe hunting experience on refuge lands...'' Limiting the 
number of hunting parties to 20, with one boat per party, alleviates 
many of the safety issues that were occurring (such as night time boat 
races to the best spots), yet still allows a quality hunting experience 
for those chosen through our draw system, and helps limit disturbance 
to the wildlife resource values of Mathews Brake.
    We do allow up to four hunters per party, thus providing weekend 
and opening day hunting opportunities on Mathews Brake for up to 80 
hunters per day. We are also aware that there will be hunters applying 
for the Mathews Brake NWR weekend/opening day waterfowl hunts that will 
not be selected. We provide unlimited weekend waterfowl hunting on 
three other national wildlife refuges within the Theodore Roosevelt NWR 
Complex, all with what we consider good hunting. For example, Morgan 
Brake NWR, located approximately 10 miles south from Mathews Brake, has 
2,966 acres open; Hillside NWR, 15 miles south from Mathews Brake, has 
9,723 acres available for hunting; and Panther Swamp, located 40 miles 
south, has 10,731 acres open for weekend waterfowl hunting. North of 
Mathews Brake we allow unlimited weekend waterfowl hunting at Dahomey, 
Tallahatchie, and Coldwater National Wildlife Refuges. There should be 
no problem for individuals not selected to hunt at Mathews Brake to 
find suitable waterfowl hunting on nearby refuges. We made no change to 
this regulation as a result of this comment.

Effective Date

    This rule is effective upon publication in the Federal Register. We 
have determined that any further delay in implementing these refuge-
specific hunting and sport fishing regulations would not be in the 
public interest, in that a delay would hinder the effective planning 
and administration of the hunting and fishing programs. We provided a 
30-day public comment period for the December 29, 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 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.

                                                 Table 1 - Changes for 2009-2010 Hunting/Fishing Season
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                 Migratory Bird
     National Wildlife  Refuge                State                  Hunting          Upland Game  Hunting     Big Game Hunting           Fishing
--------------------------------------------------------------------------------------------------------------------------------------------------------
Hillside                             MS                      Previously published    Previously published   B (turkey)             Previously published
--------------------------------------------------------------------------------------------------------------------------------------------------------
Holt Collier                         MS                      Closed                  Previously published   C                      Closed
--------------------------------------------------------------------------------------------------------------------------------------------------------
Mathews Brake                        MS                      F                       Previously published   Previously published   Previously published
--------------------------------------------------------------------------------------------------------------------------------------------------------
Morgan Brake                         MS                      Previously published    Previously published   A/B (hog)              Previously published
--------------------------------------------------------------------------------------------------------------------------------------------------------
Panther Swamp                        MS                      D                       Previously published   E                      Previously published
--------------------------------------------------------------------------------------------------------------------------------------------------------
Yazoo                                MS                      C                       Previously published   Previously published   Closed
--------------------------------------------------------------------------------------------------------------------------------------------------------
Nisqually                            WA                      G                       Closed                 Closed                 Previously published
--------------------------------------------------------------------------------------------------------------------------------------------------------
Turnbull                             WA                      H                       Closed                 H (elk)                Closed
--------------------------------------------------------------------------------------------------------------------------------------------------------
Waccamaw                             SC                      A                       A                      A                      Previously published
--------------------------------------------------------------------------------------------------------------------------------------------------------
Lake Andes                           SD                      H                       H                      H                      Closed
--------------------------------------------------------------------------------------------------------------------------------------------------------
Red River                            LA                      A                       A                      A/B (hog, turkey)      Previously published
--------------------------------------------------------------------------------------------------------------------------------------------------------

[[Page 18416]]

 
San Luis                             CA                      A                       Previously published   Closed                 Previously published
--------------------------------------------------------------------------------------------------------------------------------------------------------
A= Refuge already open to activity but added new land which increased activity
B= Refuge already open to activity but added new species to hunt
C= Refuge already opened to activity but expanded the activity through increased type of hunt (e.g., youth waterfowl)/different weaponry now allowed
D= Refuge already opened to activity, added new land but adjusted hunt days, so no net increase
E= No increase in hunt days; rather a redistribution of hunt area/days to make for safer, quality hunt
F= Decrease in hunter days due to limiting of weekend waterfowl hunters
G= New activity on a refuge previously opened to other activities
H= New refuge opened, new activity

    In the State of Mississippi, we revised the public hunting plan and 
make the following changes for the Theodore Roosevelt National Wildlife 
Refuge Complex (comprised of six refuges: Hillside, Holt Collier, 
Mathews Brake, Morgan Brake, Panther Swamp, and Yazoo NWRs):
     Revision of the hunt plan for Holt Collier NWR (which is 
currently covered by the Yazoo NWR hunt plan) reflecting different 
weaponry and changing 14 days of the hunt from archery to archery/
muzzleloader for big game hunting;
     For Panther Swamp NWR: addition of deer hunting using 
muzzleloaders and modern weapons and waterfowl hunting on 2,900 acres 
of the Carter Unit; on the recently acquired 761-acre tract, expansion 
of deer and feral hog hunting (with no corresponding increase in 
hunters); and a redistribution/reduction of waterfowl hunting areas/
hunt days throughout the refuge, including the Carter Unit and recently 
acquired 761-acre tract;
     Addition of turkey hunting on Hillside NWR;
     Addition of youth waterfowl hunting allowed on Yazoo NWR;
     Limited weekend waterfowl hunt participation at Mathews 
Brake NWR, decreasing the number of hunters; and
     Increase in deer/feral hog hunting on 366 acres at Morgan 
Brake NWR.
    On Waccamaw NWR in South Carolina we added six new refuge parcels 
and with this rule increase all allowable hunting activities on 1,905 
acres and feral hog hunting on 1,200 acres. On Nisqually NWR in 
Washington we have added 191 acres of tidal flats that we open to 
migratory bird hunting. On Red River NWR in Louisiana we have added 
approximately 6,000 acres of land that we open to all three hunting 
activities, and we add feral hog and turkey hunting. On San Luis NWR in 
California we have added approximately 2,000 acres of land (East Bear 
Creek Unit) that we open for migratory game bird hunting.

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 adds two national wildlife refuges to the list of refuges 
open to hunting, increases hunting activities on eight national 
wildlife refuges, decreases activities at one national wildlife refuge 
and has a net change of zero at one national wildlife refuge. As a 
result, visitor use for wildlife-dependent recreation on these national 
wildlife refuges will change. If the refuges establishing new hunting 
programs were a pure addition to the current supply of such activities, 
it would mean an estimated increase of 3,675 user days of hunting 
(Table 2). Because the participation trend is flat in hunting 
activities since 1991, this increase in supply will most likely be 
offset by other sites losing participants. Therefore, this is likely to 
be a substitute site for the activity and not necessarily an increase 
in participation rates for the activity.

[[Page 18417]]



     Table 2. Estimated Change in Hunting Opportunities in 2009/2010
------------------------------------------------------------------------
                                           Additional      Additional
                 Refuge                     Hunting         Hunting
                                              Days        Expenditures
------------------------------------------------------------------------
Hillside                                           90             $9,635
------------------------------------------------------------------------
Holt Collier                                      150            $16,059
------------------------------------------------------------------------
Mathews Brake                                    -200          ($21,412)
------------------------------------------------------------------------
Morgan Brake                                       25             $2,677
------------------------------------------------------------------------
Panther Swamp                                       0                  0
------------------------------------------------------------------------
Yazoo                                             100            $10,706
------------------------------------------------------------------------
Nisqually                                         700            $74,942
------------------------------------------------------------------------
Turnbull                                           95            $10,171
------------------------------------------------------------------------
Waccamaw                                           75             $8,030
------------------------------------------------------------------------
Lake Andes                                        180            $19,271
------------------------------------------------------------------------
Red River                                       1,600           $171,297
------------------------------------------------------------------------
San Luis                                          860            $92,072
------------------------------------------------------------------------
Total                                           3,675           $393,448
------------------------------------------------------------------------

    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. Due to the 
unavailability of site-specific expenditure data, we use the national 
estimates from the 2006 National Survey of Fishing, Hunting, and 
Wildlife Associated Recreation to identify expenditures for food and 
lodging, transportation, and other incidental expenses. Using the 
average expenditures for these categories with the maximum expected 
additional participation of the Refuge System yields approximately 
$393,000 in hunting-related expenditures (Table 2). 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 (2.67) derived from the report 
``Economic Importance of Hunting in America'' yields a total economic 
impact of approximately $1.1 million (2008 dollars) (Southwick 
Associates, Inc., 2007). 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 $1.1 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 $210,000 annually.
    Small businesses within the retail trade industry (such as hotels, 
gas stations, taxidermy shops, bait and tackle shops, etc.) may be 
impacted from some increased or decreased refuge visitation. A large 
percentage of these retail trade establishments in the local 
communities around national wildlife refuges qualify as small 
businesses (Table 3). We expect that the incremental recreational 
changes will be scattered, and so we do not expect that the rule will 
have a significant economic effect on a substantial number of small 
entities in any region or nationally. As noted previously, we expect 
approximately $210,000 to be spent in total in the refuges' local 
economies. The maximum increase ($1.1 million if all spending were new 
money) at most would be less than 1 percent for local retail trade 
spending.

  Table 3. Comparative Expenditures for Retail Trade Associated with Additional Refuge Visitation for 2009/2010
                                            (thousands, 2008 dollars)
----------------------------------------------------------------------------------------------------------------
                                                         Estimated
                                          Retail Trade    Maximum                                      Establ.
           Refuge/County(ies)                in 2002      Addition   Addition as  Establishments in   With < 10
                                            (2008 $ )     from New    % of Total         2007        emp in 2007
                                                         Activities
----------------------------------------------------------------------------------------------------------------
Hillside
----------------------------------------------------------------------------------------------------------------
        Holmes, MS                          $112,887.5         $4.5       0.004%                 79           56
----------------------------------------------------------------------------------------------------------------

[[Page 18418]]

 
Holt Collier
----------------------------------------------------------------------------------------------------------------
        Washington MS                       $723,963.8         $7.5       0.001%                281          201
----------------------------------------------------------------------------------------------------------------
Mathews Brake
----------------------------------------------------------------------------------------------------------------
        Leflore, MS                         $364,678.3       -$10.0      -0.003%                183          136
----------------------------------------------------------------------------------------------------------------
Morgan Brake
----------------------------------------------------------------------------------------------------------------
        Holmes, MS                          $112,887.5         $1.3       0.001%                 79           56
----------------------------------------------------------------------------------------------------------------
Panther Swamp
----------------------------------------------------------------------------------------------------------------
        Yazoo, MS                           $229,806.9         $0.0           0%                 91           66
----------------------------------------------------------------------------------------------------------------
Yazoo
----------------------------------------------------------------------------------------------------------------
        Washington, MS                      $723,963.8         $5.0       0.001%                281          201
----------------------------------------------------------------------------------------------------------------
        Nisqually
----------------------------------------------------------------------------------------------------------------
        Thurston, WA                      $2,676,041.6        $35.2       0.001%                794          535
----------------------------------------------------------------------------------------------------------------
Turnbull
----------------------------------------------------------------------------------------------------------------
        Spokane, WA                       $5,825,795.2         $4.8           0%              1,698        1,105
----------------------------------------------------------------------------------------------------------------
Waccamaw
----------------------------------------------------------------------------------------------------------------
        Horry, SC                         $3,858,832.9         $1.3           0%              1,681        1,239
----------------------------------------------------------------------------------------------------------------
        Georgetown, SC                      $669,980.1         $1.3           0%                371          275
----------------------------------------------------------------------------------------------------------------
        Marion, SC                          $286,986.1         $1.3           0%                151          112
----------------------------------------------------------------------------------------------------------------
Lake Andes
----------------------------------------------------------------------------------------------------------------
        Charles Mix, SD                      $76,157.9         $9.0       0.012%                 61           45
----------------------------------------------------------------------------------------------------------------
Red River
----------------------------------------------------------------------------------------------------------------
        Natchitoches Parish, LA             $375,577.5        $80.4       0.021%                149          101
----------------------------------------------------------------------------------------------------------------
San Luis
----------------------------------------------------------------------------------------------------------------
        Merced, CA                        $1,917,683.1        $43.2       0.002%                582          395
----------------------------------------------------------------------------------------------------------------

    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. Will not have an annual effect on the economy of $100 million or 
more. The minimal impact will be scattered across the country and will 
most likely not be significant in any local area.
    b. Will not cause a major increase in costs or prices for 
consumers, individual industries, Federal, State, or local government 
agencies, or geographic regions. This rule will have only a slight 
effect on the costs of hunting opportunities for Americans. If the 
substitute sites are farther from the participants' residences, then an 
increase in travel costs will occur. The Service does not have 
information to quantify this change in travel cost but assumes that, 
since most people travel less than 100 miles to hunt, the increased 
travel cost will be small. We do not expect this rule to affect the 
supply or demand for hunting opportunities in the United States and, 
therefore, it should not affect prices for

[[Page 18419]]

hunting equipment and supplies, or the retailers that sell equipment.
    c. Will not have significant adverse effects on competition, 
employment, investment, productivity, innovation, or the ability of 
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 will have no measurable economic effect on the wildlife-dependent 
industry, which has annual sales of equipment and travel expenditures 
of $72 billion nationwide.

Unfunded Mandates Reform Act

    Since this rule will apply to public use of federally owned and 
managed refuges, it will not impose an unfunded mandate on State, 
local, or Tribal governments or the private sector of more than $100 
million per year. The rule will 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 will not have significant 
takings implications. This regulation will affect only visitors at 
national wildlife refuges and describe what they can do while they are 
on a refuge.

Federalism (E.O. 13132)

    As discussed in the Regulatory Planning and Review and Unfunded 
Mandates Reform Act sections above, this rule will 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 will 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 clarifies established regulations and results 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 increases activities at 
eight refuges and opens two new refuges, it is not a significant 
regulatory action under E.O. 12866 and is not expected to significantly 
affect energy supplies, distribution, and use. Therefore, this action 
is a not a significant energy action and no Statement of Energy Effects 
is required.

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

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

Paperwork Reduction Act

    This regulation does not contain any information collection 
requirements other than those already approved by the Office of 
Management and Budget under the Paperwork Reduction Act (44 U.S.C. 3501 
et seq.) (OMB Control Numbers are 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 Endangered Species Act 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. 
Section 7 consultation has been completed on each of the affected 
refuges.

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.
    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, we 
complied with NEPA at the project level where we developed each 
proposal. 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). We 
completed an Environmental Assessment, along with a Finding of No 
Significant Impact, for each refuge in this rulemaking except for 
Nisqually NWR. For Nisqually, we completed a Categorical Exclusion, 
along with an Environmental Action Statement. The action in Nisqually 
is to open 191 acres already open to hunting to allow boat access for 
hunting; the impact from this action was previously analyzed in 
Nisqually NWR's Final CCP and EIS from 2004.
    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.
    Turnbull National Wildlife Refuge, 26010 South Smith Road, Cheney, 
Washington 99004; Telephone (509) 235-4723.
    Region 2--Arizona, New Mexico, Oklahoma, and Texas. Regional Chief, 
National Wildlife Refuge System, U.S.

[[Page 18420]]

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, South Carolina, Tennessee, Puerto Rico, 
and the Virgin Islands. Regional Chief, National Wildlife Refuge 
System, U.S. Fish and Wildlife Service, 1875 Century Boulevard, 
Atlanta, 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.
    Lake Andes National Wildlife Refuge, 38672 291 Street, Lake Andes, 
South Dakota 57356; Telephone (605) 487-7603.
    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.


0
For the reasons set forth in the preamble, we amend title 50, chapter 
I, subchapter C of the Code of Federal Regulations as follows:

PART 32--[AMENDED]

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

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

0
2. Amend Sec. 32.7 ``What refuge units are open to hunting and/or sport 
fishing?'' by:
0
a. Adding Lake Andes National Wildlife Refuge, in alphabetical order, 
in the State of South Dakota; and
0
b. Adding Turnbull National Wildlife Refuge, in alphabetical order, in 
the State of Washington.
0
3. Amend Sec. 32.24 California by revising paragraphs A.9. through 
A.12. and adding paragraph A.13. of San Luis National Wildlife Refuge 
to read as follows:


Sec.  32.24  California.

* * * * *

San Luis National Wildlife Refuge

A. Migratory Game Bird Hunting. * * *

* * * * *
    9. We restrict hunters in the spaced zone area of the East Bear 
Creek Unit to their assigned zone except when they are traveling to and 
from the parking area, retrieving downed birds, or when shooting to 
retrieve crippled birds.
    10. Access to the Freitas Unit free-roam hunting area is by boat 
only with a maximum of 5 mph. Prohibited boats include air-thrust and/
or inboard water-thrust types.
    11. We prohibit the use of motorized boats in the free-roam units 
with the exception of the Freitas Unit.
    12. We do not allow vehicle trailers of any type or size to be in 
the refuge hunt areas at any time or to be left unattended at any 
location on the refuge.
    13. Dogs must remain under the immediate control of their owners at 
all times (see Sec. 26.21(b) of this chapter).
* * * * *
0
4. Amend Sec. 32.37 Louisiana by revising paragraphs A., B., and C. of 
Red River National Wildlife Refuge to read as follows:


Sec.  32.37  Louisiana.

* * * * *

Red River National Wildlife Refuge

    A. Migratory Game Bird Hunting. We allow hunting of waterfowl 
(duck, goose, coot, gallinule, rail, and snipe), woodcock, and dove on 
designated areas of the refuge in accordance with State regulations 
subject to the following conditions:
    1. Hunters must possess and carry a signed refuge permit.
    2. We allow waterfowl hunting until 12 p.m. (noon) during the State 
season.
    3. We allow dove hunting on the days noted in the refuge brochure.
    4. Hunters may enter the refuge no earlier than 4 a.m.
    5. We prohibit hunting within 100 feet (30 m) of the maintained 
rights of way of roads, from or across ATV trails, and from above-
ground oil, gas, or electrical transmission facilities.
    6. We prohibit leaving boats, blinds, and decoys unattended.
    7. We only allow dogs to locate, point, and retrieve when hunting 
for migratory game birds.
    8. Youth hunters under age 16 must remain within sight and normal 
voice contact of an adult age 21 or older. Each adult may supervise no 
more than two youth hunters.
    9. We prohibit any person or group to act as a hunting guide, 
outfitter, or in any other capacity that pays other individual(s), pays 
or promises to pay directly or indirectly for service rendered to any 
other person or persons hunting on the refuge, regardless of whether 
such payment is for guiding, outfitting, lodging, or club membership.
    B. Small Game Hunting. We allow hunting of quail, squirrel, rabbit, 
raccoon, coyote, and opossum on designated areas of the refuge in 
accordance with State regulations subject to the following conditions:
    1. Conditions A1, A4, A5, A7, and A8 (to hunt small game) apply.
    2. We allow hunting of raccoon and opossum during the daylight 
hours of rabbit and squirrel season. We allow night hunting during 
December and January. We prohibit the selling of raccoon and opossum 
taken on the refuge for human consumption.
    3. We allow the use of dogs to hunt squirrel and rabbit during 
January and February.
    4. To use horses and mules to hunt raccoon and opossum at night, 
hunters must first obtain a Special Use Permit at the refuge office.
    5. Hunters may enter the refuge no earlier than 4 a.m. and must 
exit no later than 2 hours after legal shooting hours.
    6. We allow coyote hunting during all open refuge hunts with 
weapons legal for the ongoing hunt.
    C. Big Game Hunting. We allow hunting of white-tailed deer, feral 
hogs, and turkey on designated areas of the refuge in accordance with 
State regulations subject to the following conditions:
    1. Conditions A1, A4, A5, A7, and A8 (to hunt big game; each adult 
may supervise no more than one youth hunter) and B6 apply.
    2. We allow general gun deer hunting on the days noted. We allow 
archery

[[Page 18421]]

deer hunting during the entire State season.
    3. The daily bag limit is one either-sex deer. State season limit 
applies.
    4. Deer hunters must wear hunter orange as required by State deer 
hunting regulations on Wildlife Management Areas.
    5. We prohibit possession or distribution of bait while in the 
field and hunting with the aid of bait, including any grain, salt, 
mineral, or any nonnatural occurring food attractant on the refuge.
    6. We allow hog hunting during all open refuge hunts with weapons 
legal for the ongoing hunt.
    7. We allow turkey hunting on the days noted in the brochure.
* * * * *
0
5. Amend Sec. 32.43 Mississippi by:
0
a. Revising Hillside National Wildlife Refuge;
0
b. Revising Holt Collier National Wildlife Refuge;
0
c. Revising Mathews Brake National Wildlife Refuge;
0
d. Revising Morgan Brake National Wildlife Refuge;
0
e. Revising Panther Swamp National Wildlife Refuge; and
0
f. Revising Yazoo National Wildlife Refuge to read as follows:


Sec.  32.43  Mississippi.

* * * * *

Hillside National Wildlife Refuge

    A. Migratory Game Bird Hunting. We allow hunting of goose, duck, 
merganser, coot, and dove in accordance with State regulations subject 
to the following conditions:
    1. Youth hunters age 15 and under must possess and carry a hunter 
safety course card or certificate. Each youth hunter must remain within 
sight and normal voice contact of an adult age 21 or older. Each hunter 
age 16 and older must possess and carry a valid signed refuge Public 
Use Permit certifying that he or she understands and will comply with 
all regulations. One adult may supervise no more than one youth hunter.
    2. Before hunting or fishing, all participants must display their 
User Information Card in plain view on the dashboard of their vehicle 
so that the Permit Number is readable.
    3. Failure to display the User Information Card will result in the 
loss of the participant's annual refuge Public Use Permit.
    4. We prohibit hunting or entry into areas designated as ``CLOSED'' 
(see refuge brochure map).
    5. We prohibit possession of alcoholic beverages (see 
Sec. 32.2(j)).
    6. We prohibit use of plastic flagging tape.
    7. You must park vehicles in such a manner as not to obstruct 
roads, gates, turn rows, or firelanes (see Sec. 27.31(h) of this 
chapter).
    8. We are open for hunting during the State season except during 
the muzzleloader deer hunt.
    9. Valid permit holders may take the following furbearers in season 
incidental to other refuge hunts with legal weapons used for that hunt: 
raccoon, opossum, coyote, beaver, bobcat, and nutria.
    10. We allow ATVs only on designated trails (see Sec. 27.31 of this 
chapter) (see refuge brochure map) from September 15 through February 
28.
    11. You may possess or use only approved nontoxic shot (see 
Sec. 32.2(k)) while in the field.
    12. You may take migratory birds with shotguns shooting only 
approved nontoxic shot.
    13. Hunters must remove all decoys, blind material (see Sec. 27.93 
of this chapter), and harvested waterfowl from the area no later than 1 
p.m. each day.
    14. We allow goose, duck, merganser and coot hunting from [frac12] 
hour before legal sunrise until 12 p.m. (noon). We allow entry into the 
refuge at 4 a.m.
    15. There is no early teal season.
    16. We open for dove hunting on specified dates and areas within 
the first and second State seasons. The first two Saturdays of the 
first season require a Limited Hunt Permit assigned by random computer 
drawing. At the end of the hunt you must return the permit with 
information concerning your hunt. If you fail to return this permit, 
you will not be eligible for any limited hunts the next year. Contact 
the refuge headquarters for specific dates and open areas.
    B. Upland Game Hunting.We allow hunting of squirrel, rabbit, quail, 
and raccoon on designated areas of the refuge in accordance with State 
regulations subject to the following conditions:
    1. Conditions A1 through A10 apply.
    2. We allow shotguns with only approved nontoxic shot (see 
Sec. 32.2(k)), and .22 and .17 caliber rimfire rifles for taking small 
game.
    3. We allow dogs for hunting squirrel and quail and for the 
February rabbit hunt.
    4. During the rabbit and quail hunts, any person hunting or 
accompanying another person hunting must wear at least 500 square 
inches (3,250 cm\2\) of unbroken, fluorescent-orange material visible 
above the waistline as an outer garment.
    5. Beginning the first day after the deer muzzleloader hunt, we 
restrict entry into the Turkey Point area until March 1.
    6. With exception for raccoon hunting, we limit refuge ingress and 
egress to the period of 4 a.m. to 1[frac12] hours after legal sunset.
    7. We prohibit horses and mules.
    C. Big Game Hunting. We allow hunting of white-tailed deer and 
turkey on designated areas of the refuge in accordance with State 
regulations subject to the following conditions:
    1. Conditions A1 through A10, and B5 through B7 apply.
    2. During all gun and muzzleloader deer hunts: all participants 
must wear at least 500 square inches (3,250 cm\2\) of unbroken, 
fluorescent-orange material visible above the waistline as an outer 
garment while hunting and en route to and from hunting areas.
    3. We prohibit organized drives for deer.
    4. Hunting or shooting within or adjacent to open fields and tree 
plantations less than 5 feet (1.5 m) in height must be from a stand a 
minimum of 10 feet (3 m) above the ground.
    5. We prohibit hunting or shooting into a 100-foot (30-m) zone 
along either side of pipelines, power line rights-of-way, designated 
roads, trails, or around parking lots (see refuge brochure map). You 
are considered hunting if you occupy a stand or blind or have an arrow 
nocked in a bow.
    6. We designate deer check station dates, locations, and 
requirements in the refuge brochure.
    7. We allow hunters to possess and hunt from only one stand or 
blind. Complex Headquarters will use a specific method to identify 
stands and blinds. We prohibit the use of climbing spikes or hunting 
from a tree in which metal objects have been screwed or driven (see 
Sec. 32.2(i)). Hunters may place a deer stand or blind 48 hours prior 
to a hunt and must remove it within 48 hours after each designated 
hunt. Hunters may place turkey blinds the day of the hunt and remove 
them after each day's hunt.
    8. During designated muzzleloader hunts, we allow archery equipment 
and muzzleloaders loaded with a single ball.
    9. Turkey hunting opportunities will consist of three limited draw 
hunts within the State season time frame. These hunts require a Limited 
Hunt Permit assigned by random computer drawing. At the end of the hunt 
you must return the permit with information concerning your hunt. If 
you fail to return this permit, you will not be eligible for any 
limited hunts the next year. Contact refuge headquarters for specific 
requirements, hunts, and application dates.

[[Page 18422]]

    10. Hunts and hunt dates are available at the refuge headquarters 
in July, and we post them in the refuge brochure.
    11. We prohibit all other public use on the refuge during all gun 
and muzzleloader deer hunts.
    D. Sport Fishing. We allow fishing on designated areas of the 
refuge in accordance with State regulations subject to the following 
conditions:
    1. We close all refuge waters during the gun and muzzleloader deer 
hunt.
    2. We allow fishing in the borrow ponds along the north levee (see 
refuge brochure map) throughout the year except during the gun and 
muzzleloader deer hunt.
    3. We open all other refuge waters March 1 through November 15.
    4. We prohibit trot lines, limb lines, jugs, seines, and traps.
    5. We prohibit fishing from bridges.
    6. We allow frogging during the State bullfrog season.
    7. We allow ATVs on designated trails (see Sec.  27.31 of this 
chapter) (see refuge brochure map) September 15 through February 28.
    8. With the exception for frogging during the State season, we 
limit refuge ingress and egress for fishing to the period of 4 a.m. to 
1[frac12] hours after legal sunset.

Holt Collier National Wildlife Refuge

A. Migratory Game Bird Hunting. [Reserved]
    B. Upland Game Hunting. We allow hunting of rabbit and furbearers 
on designated areas of the refuge in accordance with State regulations 
subject to the following conditions:
    1. Youth hunters age 15 and under must possess and carry a hunter 
safety course card or certificate. Each youth hunter must remain within 
sight and normal voice contact of an adult age 21 or older. Each hunter 
age 16 and older must possess and carry a valid signed refuge Public 
Use Permit certifying that he or she understands and will comply with 
all regulations. One adult may supervise no more than one youth hunter.
    2. Before hunting or fishing, all participants must display their 
User Information Card in plain view on the dashboard of their vehicle 
so that the Permit Number is readable.
    3. Failure to display the User Information Card will result in the 
loss of the participant's annual refuge Public Use Permit.
    4. We prohibit hunting or entry into areas designated as ``CLOSED'' 
(see refuge brochure map).
    5. We prohibit possession of alcoholic beverages (see 
Sec. 32.2(j)).
    6. We prohibit use of plastic flagging tape.
    7. You must park vehicles in such a manner as not to obstruct 
roads, gates, turn rows, or firelanes (see Sec. 27.31(h) of this 
chapter).
    8. We are open for hunting during the State season except during