2010-2011 Refuge-Specific Hunting and Sport Fishing Regulations, 56360-56421 [2010-22131]

Download as PDF 56360 Federal Register / Vol. 75, No. 178 / Wednesday, September 15, 2010 / Proposed Rules DEPARTMENT OF THE INTERIOR Fish and Wildlife Service 50 CFR Part 32 [Docket No. FWS-R9-NSR-2010-0036] [93270-1265-0000-4A] RIN 1018-AX20 2010–2011 Refuge-Specific Hunting and Sport Fishing Regulations Fish and Wildlife Service, Interior. ACTION: Proposed rule. AGENCY: The Fish and Wildlife Service proposes to add one refuge to the list of areas open for hunting and/or sport fishing and increase the activities available at seven other refuges, along with pertinent refuge-specific regulations on other refuges that pertain to migratory game bird hunting, upland game hunting, big game hunting, and sport fishing for the 2010–2011 season. DATES: We will accept comments received or postmarked on or before by October 15, 2010. ADDRESSES: You may submit comments by one of the following methods: • Federal eRulemaking Portal: https:// www.regulations.gov. Follow the instructions for submitting comments to Docket No FWS-R9-NSR-2010-0036. • U.S. mail or hand-delivery: Public Comments Processing, Attn: RIN 1018AX20; Division of Policy and Directives Management; U.S. Fish and Wildlife Service; 4401 N. Fairfax Drive, Suite 222; Arlington, VA 22203. We will not accept e-mail or faxes. We will post all comments on https:// www.regulations.gov. This generally means that we will post any personal information you provide us (see the Request for Comments section below for more information). For information on specific refuges’ public use programs and the conditions that apply to them or for copies of compatibility determinations for any refuge(s), contact individual programs at the addresses/ phone numbers given in ‘‘Available Information for Specific Refuges’’ under SUPPLEMENTARY INFORMATION. FOR FURTHER INFORMATION CONTACT: Leslie A. Marler, (703) 358-2397. 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 srobinson on DSKHWCL6B1PROD with PROPOSALS2 SUMMARY: VerDate Mar<15>2010 19:17 Sep 14, 2010 Jkt 220001 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 PO 00000 Frm 00002 Fmt 4701 Sfmt 4702 other provisions as appropriate. You may find previously issued refugespecific regulations for hunting and sport fishing in 50 CFR part 32. In this rulemaking, we are also proposing to standardize and clarify the language of existing regulations. 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 E:\FR\FM\15SEP2.SGM 15SEP2 56361 Federal Register / Vol. 75, No. 178 / Wednesday, September 15, 2010 / Proposed Rules not inconsistent with other previously authorized operations. The Administration Act and Recreation Act also authorize the Secretary to issue regulations to carry out the purposes of the Acts and regulate uses. We develop specific management plans for each refuge prior to opening it to hunting or sport fishing. In many cases, we develop refuge-specific regulations to ensure the compatibility of the programs with the purpose(s) for which we established the refuge and the Refuge System mission. We ensure initial compliance with the Administration Act and the Recreation Act for hunting and sport fishing on newly acquired refuges through an interim determination of compatibility made at or near the time of acquisition. These regulations ensure that we make the determinations required by these acts prior to adding refuges to the lists of areas open to hunting and sport fishing in 50 CFR part 32. We ensure continued compliance by the development of comprehensive conservation plans, specific plans, and by annual review of hunting and sport fishing programs and regulations. Amendments to Existing Regulations This document proposes to codify in the Code of Federal Regulations all of the Service’s hunting and/or sport fishing regulations that are applicable at Refuge System units previously opened to hunting and/or sport fishing. We are doing this to better inform the general public of the regulations at each refuge, to increase understanding and compliance with these regulations, and to make enforcement of these regulations more efficient. In addition to now finding these regulations in 50 CFR part 32, visitors to our refuges will usually find them reiterated in literature distributed by each refuge or posted on signs. We have cross-referenced a number of existing regulations in 50 CFR parts 26, 27, and 32 to assist hunting and sport fishing visitors with understanding safety and other legal requirements on refuges. This redundancy is deliberate, with the intention of improving safety and compliance in our hunting and sport fishing programs. TABLE 1. CHANGES FOR 2010-2011 HUNTING/FISHING SEASON National Wildlife Refuge State Migratory Bird Hunting Upland Game Hunting Big Game Hunting Fishing Modoc CA C Already open Closed Already open Cape May NJ Already open B D (turkey) Already open Fort Niobrara NE Closed Closed B Already open Caddo Lake TX Closed Closed A Closed Deep Fork OK Already open Already open C Already open Bosque del Apache NM Already open Already open D (turkey) Already open Rappahannock River Valley VA Closed Closed Already open C Minnesota Valley MN C/D C/D C Already open A = New refuge opened B = New activity on a refuge previously opened to other activities C = Refuge already open to activity but added new land/waters which increased activity D = Refuge already open to activity but added new species to hunt The changes for the 2010-11 hunting/ fishing season noted in the chart above are each based on a complete administrative record which, among other detailed documentation, also includes a hunt plan, a compatibility determination, and the appropriate NEPA analysis, all of which were the subject of a public review and comment process. These documents are available upon request. srobinson on DSKHWCL6B1PROD with PROPOSALS2 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/waterscience/ fish/. VerDate Mar<15>2010 19:17 Sep 14, 2010 Jkt 220001 Plain Language Mandate In this proposed rule we made some of the revisions to the individual refuge units to comply with a Presidential mandate to use plain language in regulations; as such, these particular revisions do not modify the substance of the previous regulations. These types of changes include using ‘‘you’’ to refer to the reader and ‘‘we’’ to refer to the Refuge System, using the word ‘‘allow’’ instead of ‘‘permit’’ when we do not require the use of a permit for an activity, and using active voice (i.e., ‘‘We restrict entry into the refuge’’ vs. ‘‘Entry into the refuge is restricted’’). Request for Comments You may submit comment and materials on this proposed rule by any one of the methods listed in the ADDRESSES section. We will not accept comments sent by e-mail or fax or to an address not listed in the ADDRESSES section. We will not consider hand- PO 00000 Frm 00003 Fmt 4701 Sfmt 4702 delivered comments that we do not receive, or mailed comments that are not postmarked, by the date specified in the DATES section. We will post your entire comment on https://www.regulations.gov. Before including personal identifying information in your comment, you should be aware that your entire comment – including your personal identifying information – may be made publicly available at any time. While you can ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so. We will post all hardcopy comments on https:// www.regulations.gov. Public Comment Department of the Interior policy is, whenever practicable, to afford the public a meaningful opportunity to participate in the rulemaking process. E:\FR\FM\15SEP2.SGM 15SEP2 56362 Federal Register / Vol. 75, No. 178 / Wednesday, September 15, 2010 / Proposed Rules The process of opening refuges is done in stages, with the fundamental work being performed on the ground at the refuge and in the community where the program is administered. In these stages, the public is given other opportunities to comment, for example, on the comprehensive conservation plans and the compatibility determinations. The second stage is this document, when we publish the proposed rule in the Federal Register for additional comment, commonly for a 30–day comment period. There is nothing contained in this annual regulation outside the scope of the annual review process where we determine whether individual refuges need modifications, deletions, or additions made to them. We make every attempt to collect all of the proposals from the refuges nationwide and process them expeditiously to maximize the time available for public review. We believe that a 30–day comment period, through the broader publication following the earlier public involvement, gives the public sufficient time to comment and allows us to establish hunting and fishing programs in time for the upcoming seasons. Many of these rules also relieve restrictions and allow the public to participate in recreational activities on a number of refuges. In addition, in order to continue to provide for previously authorized hunting opportunities while at the same time providing for adequate resource protection, we must be timely in providing modifications to certain hunting programs on some refuges. We considered providing a 60–day, rather than a 30–day, comment period. However, we determined that an additional 30–day delay in processing these refuge-specific hunting and sport fishing regulations would hinder the effective planning and administration of our hunting and sport fishing programs. Such a delay would jeopardize enacting amendments to hunting and sport fishing programs in time for implementation this year and/or early next year, or shorten the duration of these programs. Even after issuance of a final rule, we accept comments, suggestions, and concerns for consideration for any appropriate subsequent rulemaking. When finalized, we will incorporate these regulations into 50 CFR part 32. Part 32 contains general provisions and refuge-specific regulations for hunting and sport fishing on refuges. Clarity of This Rule We are required by Executive Orders 12866 and 12988 and by the Presidential Memorandum of June 1, 1998, to write all rules in plain language. This means that each rule we publish must: (a) Be logically organized; (b) Use the active voice to address readers directly; (c) Use clear language rather than jargon; (d) Be divided into short sections and sentences; and (e) Use lists and tables wherever possible. If you feel that we have not met these requirements, send us comments by one of the methods listed in the ADDRESSES section. To better help us revise the rule, your comments should be a specific as possible. For example, you should tell us the numbers of the sections or paragraphs that are unclearly written, which sections or sentences are too long, the sections where you feel lists or tables would be useful, etc. 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 proposed rule adds one national wildlife refuge to the list of refuges open to hunting, increases hunting activities on six national wildlife refuges, and increases fishing activities 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 programs were a pure addition to the current supply of such activities, it would mean an estimated increase of 12,330 user days (one person per day participating in a recreational opportunity) (Table 2). Because the participation trend is flat in these activities since 1991, this increase in supply will most likely be offset by other sites losing participants. Therefore, this is likely to be a substitute site for the activity and not necessarily an increase in participation rates for the activity. srobinson on DSKHWCL6B1PROD with PROPOSALS2 TABLE 2. ESTIMATED CHANGE IN RECREATION OPPORTUNITIES IN 2010/2011 Refuge Additional Days Modoc Additional Expenditures 130 $13,868 1,700 $181,356 Fort Niobrara 250 $26,670 Caddo Lake 225 $24,003 Cape May VerDate Mar<15>2010 19:17 Sep 14, 2010 Jkt 220001 PO 00000 Frm 00004 Fmt 4701 Sfmt 4702 E:\FR\FM\15SEP2.SGM 15SEP2 56363 Federal Register / Vol. 75, No. 178 / Wednesday, September 15, 2010 / Proposed Rules TABLE 2. ESTIMATED CHANGE IN RECREATION OPPORTUNITIES IN 2010/2011—Continued Refuge Additional Days Deep Fork Additional Expenditures 177 8 Total 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 $1.3 million in recreation-related expenditures (Table 2). By having ripple effects throughout the economy, these direct expenditures are only part of the economic impact of these recreational activities. Using a national impact multiplier for hunting activities (2.67) derived from the report ‘‘Economic Importance of Hunting in America’’ and a national impact $981,454 12,330 Minnesota Valley $51,510 9,200 Rappahannock River Valley $853 640 Bosque del Apache $18,882 $1,298,596 multiplier for fishing activities (2.79) derived from the report ‘‘Economic Importance of Fishing in America’’ yields a total economic impact of approximately $3.5 million (2009 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 $3.5 million, and most likely considerably less. Since 80 percent of the participants travel less than 100 miles to engage in hunting and fishing activities, their spending patterns would not add new money into the local economy and, therefore, the real impact would be on the order of about $695,000 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 $695,000 to be spent in total in the refuges’ local economies. The maximum increase ($3.5 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 2010/ 2011 (THOUSANDS, 2009 DOLLARS) Retail Trade in 2002 (2009 $ ) Refuge/County(ies) Estimated Maximum Addition from New Activities Addition as % of Total Establishments in 2007 Establ. With < 10 emp in 2007 Modoc Modoc, CA $51,719 $13.9 0.027% 33 22 $1,649,345 $181.4 0.011% 746 597 Cherry, NE $80,374 $26.7 0.033% 44 28 Caddo, LA $3,329,277 $6.0 0.000% 999 685 Bossier, LA $1,369,032 $6.0 0.000% 469 201 Harrison, TX $505,210 $6.0 0.001% 209 160 Marion, TX $63,964 $6.0 0.009% 38 30 Cape May Cape May, NJ Fort Niobrara srobinson on DSKHWCL6B1PROD with PROPOSALS2 Caddo Lake Deep Fork VerDate Mar<15>2010 19:17 Sep 14, 2010 Jkt 220001 PO 00000 Frm 00005 Fmt 4701 Sfmt 4702 E:\FR\FM\15SEP2.SGM 15SEP2 56364 Federal Register / Vol. 75, No. 178 / Wednesday, September 15, 2010 / Proposed Rules TABLE 3. COMPARATIVE EXPENDITURES FOR RETAIL TRADE ASSOCIATED WITH ADDITIONAL REFUGE VISITATION FOR 2010/ 2011 (THOUSANDS, 2009 DOLLARS)—Continued Retail Trade in 2002 (2009 $ ) Refuge/County(ies) Okmulgee, OK Estimated Maximum Addition from New Activities Addition as % of Total Establishments in 2007 Establ. With < 10 emp in 2007 $302,176 $18.9 0.006% 128 98 $9,354,821 $0.3 0% 2,272 1,512 Socorro, NM $91,494 $0.3 0% 47 35 Sierra, NM $85,374 $0.3 0% 563 40 $72,965 $51.5 0.071% 50 39 $20,238,488 $245.4 0.001% 4,399 2,742 Carver MN $703,601 $245.4 0.035% 232 142 Scott MN $878,227 $245.4 0.028% 358 240 $5,787,006 $245.4 0.004% 1,181 722 Bosque del Apache Bernalillo, NM Rappahannock River Valley Northumberland, VA Minnesota Valley Hennepin MN Dakota MN srobinson on DSKHWCL6B1PROD with PROPOSALS2 With the small change in overall spending anticipated from this proposed 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 proposed rule will not have a significant economic effect on a substantial number of small entities as defined under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). An initial/final Regulatory Flexibility Analysis is not required. Accordingly, a Small Entity Compliance Guide is not required. Small Business Regulatory Enforcement Fairness Act The proposed rule is not a major rule under 5 U.S.C. 804(2), the Small Business Regulatory Enforcement Fairness Act. We anticipate no significant employment or small business effects. This rule: a. Would not have an annual effect on the economy of $100 million or more. The 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 proposed rule would 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 would VerDate Mar<15>2010 19:17 Sep 14, 2010 Jkt 220001 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 would be small. We do not expect this proposed rule to affect the supply or demand for hunting opportunities in the United States and, therefore, it should not affect prices for hunting equipment and supplies, or the retailers that sell equipment. c. Would not have significant adverse effects on competition, employment, investment, productivity, innovation, or the ability of United States–based enterprises to compete with foreign– based enterprises. This proposed rule represents only a small proportion of recreational spending 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 proposed rule would apply to public use of federally owned and managed refuges, it would not impose an unfunded mandate on State, local, or Tribal governments or the private sector of more than $100 million per year. The rule would not have a significant or unique effect on State, local, or Tribal governments or the private sector. A statement containing the information required by the Unfunded Mandates PO 00000 Frm 00006 Fmt 4701 Sfmt 4702 Reform Act (2 U.S.C. 1531 et seq.) is not required. Takings (E.O. 12630) In accordance with E.O. 12630, this proposed rule would not have significant takings implications. This regulation would affect only visitors at national wildlife refuges and describe what they can do while they are on a refuge. Federalism (E.O. 13132) As discussed in the Regulatory Planning and Review and Unfunded Mandates Reform Act sections above, this proposed rule would not have sufficient Federalism implications to warrant the preparation of a Federalism Assessment under E.O. 13132. In preparing this proposed rule, we worked with State governments. Civil Justice Reform (E.O. 12988) In accordance with E.O. 12988, the Office of the Solicitor has determined that the proposed rule would not unduly burden the judicial system and that it meets the requirements of sections 3(a) and 3(b)(2) of the Order. The regulation would clarify established regulations and result in better understanding of the regulations by refuge visitors. Energy Supply, Distribution or Use (E.O. 13211) On May 18, 2001, the President issued E.O. 13211 on regulations that significantly affect energy supply, E:\FR\FM\15SEP2.SGM 15SEP2 Federal Register / Vol. 75, No. 178 / Wednesday, September 15, 2010 / Proposed Rules distribution, and use. E.O. 13211 requires agencies to prepare Statements of Energy Effects when undertaking certain actions. Because this proposed rule would increase activities at seven refuges and open one new refuge, 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. srobinson on DSKHWCL6B1PROD with PROPOSALS2 Endangered Species Act Section 7 Consultation We comply with section 7 of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.), when developing Comprehensive Conservation Plans (CCPs) and stepdown 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. We have completed section 7 consultation on each of the affected refuges. National Environmental Policy Act We analyzed this proposed rule in accordance with the criteria of the National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4332(C)), 43 CFR part 46, and 516 Departmental Manual (DM) 8. A categorical exclusion from NEPA documentation applies to publication of proposed amendments to refuge-specific VerDate Mar<15>2010 19:17 Sep 14, 2010 Jkt 220001 hunting and fishing regulations since they are technical and procedural in nature, and the environmental effects are too broad, speculative, or conjectural to lend themselves to meaningful analysis (43 CFR 46.210 and 516 DM 8). Concerning the actions that are the subject of this proposed rulemaking, we have complied with NEPA at the project level when developing 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). 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 stepdown 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 have information about public use programs and conditions that apply to their specific programs and maps of their respective areas. To find out how to contact a specific refuge, 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, OR 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, NM 87103; Telephone (505) 248-7419. Caddo Lake National Wildlife Refuge, P.O. Box 230, Karnack, TX 75661; Telephone (903) 679-9144. 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, PO 00000 Frm 00007 Fmt 4701 Sfmt 4702 56365 Federal Building, Fort Snelling, Twin Cities, MN 55111; Telephone (612) 7135401. 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, GA 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, MA 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, CO 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, AK 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, CA 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 propose to amend title 50, chapter I, subchapter C of the Code of Federal Regulations as follows: PART 32–[AMENDED] 1. The authority citation for part 32 continues to read as follows: Authority: 5 U.S.C. 301; 16 U.S.C. 460k, 664, 668dd-668ee, and 715i. 2. Amend §32.7 ‘‘What refuge units are open to hunting and/or sport fishing?’’ by: a. Adding Michigan Wetland Management District, in alphabetical order, in the State of Michigan; and E:\FR\FM\15SEP2.SGM 15SEP2 56366 Federal Register / Vol. 75, No. 178 / Wednesday, September 15, 2010 / Proposed Rules b. Adding Caddo Lake National Wildlife Refuge, in alphabetical order, in the State of Texas. 3. Amend §32.20 Alabama by: a. Revising paragraphs B., C., and D. of Choctaw National Wildlife Refuge; and b. Revising paragraph A.1., adding paragraph A.6., and revising paragraph C.3., of Eufaula National Wildlife Refuge to read as follows: §32.20 * * Alabama. * * * Choctaw National Wildlife Refuge srobinson on DSKHWCL6B1PROD with PROPOSALS2 * * * * * B. Upland Game Hunting. We allow hunting of squirrel, rabbit, raccoon, and opossum on designated areas of the refuge in accordance with State regulations subject to the following conditions: 1. We prohibit hunting within 100 yards (90 m) of the fenced-in refuge work center area, hiking trail, and refuge boat ramp. 2. We prohibit marking trees and using flagging tape, reflective tacks, and other similar marking devices. 3. We allow take of incidental species as listed in the refuge hunt permit (signed brochure) during any hunt with those weapons legal during those hunts. 4. Hunters must possess and carry a signed refuge hunt permit (signed brochure) when hunting. 5. All youth hunters age 15 and younger must remain within sight and normal voice contact of an adult age 21 or older, possessing a license and permit. One adult may supervise no more than two youth hunters. 6. We prohibit overnight mooring or storage of boats. 7. We require hunters to check all harvested game at the conclusion of each day at one of the refuge check out stations. 8. A hunter may only use approved nontoxic shot (see §32.2(k)). We restrict hunting weapons to shotguns with shot size no larger than No. 6 or rifles no larger than .22 standard rimfire or legal archery equipment. 9. We prohibit the use of mules, horses, and ATVs. 10. We allow dogs for upland game hunting except in Middle Swamp. We allow dogs only in Middle Swamp the last 2 weeks of upland game season. C. Big Game Hunting. We allow hunting of white-tailed deer and feral hog in accordance with State regulations subject to the following conditions: 1. Conditions B1 through B9 apply. 2. We require tree stand users to use a safety belt or harness. 3. We prohibit damaging trees or hunting from a tree that contains an VerDate Mar<15>2010 19:17 Sep 14, 2010 Jkt 220001 inserted metal object (see §32.2(i)). We require hunters to remove all tree stands and blinds daily (see §27.93 of this chapter). 4. We prohibit participation in organized drives. 5. We prohibit hunting by aid or distribution of any feed, salt, or other mineral at any time (see §32.2(h)). D. Sport Fishing. We allow fishing in designated areas of the refuge in accordance with State regulations subject to the following conditions: 1. We allow fishing year-round, except in the waterfowl sanctuary, which we close from December 1 through March 1. 2. With the exception of the refuge boat ramp, we limit access from c hour before legal sunrise to c hour after legal sunset. 3. We allow a rod and reel and pole and line. We prohibit all other methods of fishing. 4. We prohibit the taking of frogs and turtles (see §27.21 of this chapter). 5. We prohibit bow fishing. 6. We prohibit the use of airboats, hovercrafts, and inboard-water-thrust boats such as, but not limited to, personal watercraft, watercycles, and waterbikes. 7. We require a refuge Special Use Permit (FWS Form 3-1383) for commercial fishing. Commercial anglers may use nets, seines, baskets, and boxes legal for use within the State of Alabama. 8. We prohibit mooring or storing of boats from c hour after legal sunset to c hour before legal sunrise. Eufaula National Wildlife Refuge A. Migratory Bird Hunting. * * * 1. You must possess and carry a signed refuge hunt brochure (permit) when hunting. * * * * * 6. All waterfowl hunting opportunities are spaced-blind and assigned by lottery. Hunters wishing to participate in our waterfowl hunt must submit a Waterfowl Lottery Application (FWS Form 3-2355). Consult the refuge brochure for details. * * * * * C. Big Game Hunting. * * * * * * * * 3. All youth gun hunting opportunities are spaced-blind and assigned by lottery. Hunters wishing to participate in our youth gun hunt must submit a Big/Upland Game Hunt Application (FWS Form 3-2356). Consult the refuge brochure for details. * * * * * 4. Amend §32.22 Arizona by: PO 00000 Frm 00008 Fmt 4701 Sfmt 4702 a. Revising paragraphs A.2. through A.6., A.10., C.1., and C.2., adding paragraph C.3., and revising paragraphs D.1. and D.3. of Bill Williams River National Wildlife Refuge; b. Revising the introductory text of paragraph A., and revising paragraphs B. and C.2. of Buenos Aires National Wildlife Refuge; and c. Removing paragraph B.4. and redesignating paragraph B.5. as B.4. of Imperial National Wildlife Refuge. The revisions and additions read as follows: §32.22 Arizona. *** Bill Williams River National Wildlife Refuge A. Migratory Game Bird Hunting. * * * * * * * * 2. You may possess only nontoxic shot while hunting in the field (see §32.2(k)). 3. We prohibit hunting within 50 yards (45 m) of any building, road, or levee open to public use. 4. We allow hunting/angling on the refuge only in those areas posted or designated as open. The public hunting area is generally described as south of the Bill Williams Road and east of Arizona State Rt. 95 plus the south half of Section 35, T 11N-R 17W as posted. We close the isolated grow-out cove near the visitor center to fishing as posted. 5. We allow hunting/angling in accordance with State regulations only for the listed species. 6. You may retrieve fish or game from an area closed to hunting or entry only upon specific consent from an authorized refuge employee. * * * * * 10. All refuge visitors 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 §27.93 of this chapter). * * * * * C. Big Game Hunting * * * 1. Conditions A4 through A11 apply. 2. In Arizona Wildlife Management Unit 44A, we allow hunting on the refuge only 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. 3. In Arizona Wildlife Management Unit 16A, we allow hunting for desert bighorn sheep only in those areas north of the Bill Williams River. D. Sport Fishing.* * * 1. Conditions A4 through A11 apply. * * * * * E:\FR\FM\15SEP2.SGM 15SEP2 Federal Register / Vol. 75, No. 178 / Wednesday, September 15, 2010 / Proposed Rules 3. We designate all refuge waters as wakeless speed zones (as defined by State law). * * * * * Buenos Aires National Wildlife Refuge A. Migratory Game Bird Hunting. We allow hunting of goose, duck, coot, and dove on designated areas of the refuge in accordance with State regulations subject to the following conditions: * * * * * B. Upland Game Hunting. We allow hunting of rabbit, coyote, and skunk on designated areas of the refuge in accordance with State regulations subject to the following condition: Conditions A1 through A3 apply. C. Big Game Hunting. * * * srobinson on DSKHWCL6B1PROD with PROPOSALS2 * * * * * 2. Conditions A1 through A3 apply. * * * * * 5. Amend §32.23 Arkansas by: a. Revising Bald Knob National Wildlife Refuge; b. Revising paragraph B., C.1., C.3., C.5., C.8., C.12., removing paragraph C.13., and revising paragraph D. of Big Lake National Wildlife Refuge; c. Revising Cache River National Wildlife Refuge; d. Revising paragraphs A., B., C.1., C.3. through C.9., C.13. through C.15., and D. of Felsenthal National Wildlife Refuge; e. Removing paragraph B.4., redesignating paragraphs B.5. through B.14. as paragraphs B.4. through B.13., revising newly redesignated paragraphs B.6., B.11., and B.13., and revising paragraphs C.1., C.2., and D.1. of Holla Bend National Wildlife Refuge; f. Revising the introductory text of paragraph A., revising paragraphs A.1., A.3., A.5., A.7., A.9., A.10., and A.12. through A.17., removing paragraph A.20. and redesignating paragraphs A.21. through A.24. as paragraphs A.20. through A.23., revising the introductory text of paragraph B., revising paragraphs B.1., B.3. through B.5., C.1. through C.5., and C.8. through C.11. of Overflow National Wildlife Refuge; g. Revising paragraphs A.1., A.3., A.5., A.7., and A.11. through A.18., removing paragraph A.19., redesignating paragraphs A.20. through A.24. as paragraphs A.19. through A.23., and revising paragraphs B., C.2., C.4. through C.8., and C.12. through C.16. of Pond Creek National Wildlife Refuge; h. Revising paragraph A.1., adding paragraphs A.5. through A.11., revising paragraphs B., C.1., C.2., C.7. through C.9., D.1., and D.5. through D.8., and removing paragraph D.9. of Wapanocca National Wildlife Refuge; and VerDate Mar<15>2010 19:17 Sep 14, 2010 Jkt 220001 i. Revising paragraphs A., B.1. through B.3., and B.7., adding paragraphs B.9. through B.11. and revising paragraphs C. and D. of White River National Wildlife Refuge. The revisions and additions read as follows: §32.23 * * Arkansas. * * * Bald Knob National Wildlife Refuge A. Migratory Game Bird Hunting. We allow hunting of duck, goose, coot, snipe, woodcock, and dove on designated areas of the refuge in accordance with State regulations subject to the following conditions: 1. We require refuge hunting permits. The permits (found on the front cover of the annual hunt brochure/permit – signature required) are nontransferable, and anyone on refuge land in possession of hunting equipment must sign, possess, and carry the permits at all times. 2. We allow hunting of duck, goose, coot, dove, and snipe daily until 12 p.m. (noon) throughout the State seasons, except for season closures on the Farm Unit during the Quota Gun Deer Hunt and for the exception provided in A3. 3. We allow hunting for goose from c hour before legal sunrise until c hour past legal sunset after the closing of the duck season in January for the remainder of the State goose season(s) and Snow, Blue, and Ross’ Goose Conservation Orders. 4. We allow hunting for woodcock daily throughout the State seasons, except for season closures during the Quota Gun Deer Hunt. 5. We prohibit commercial hunting/ guiding. 6. You may possess only approved nontoxic shot shells for hunting while in the field (see §32.2(k)) in quantities of 25 or less. The possession limit includes shells located in/on vehicles and other personal equipment. The field possession limit for shells does not apply to goose hunting after the closing of the duck season in January. 7. We prohibit hunting closer than 100 yards (90 m) to another hunter or hunting party. 8. You must remove decoys, blinds, boats, and all other equipment (see §27.93 of this chapter) daily by 1 p.m. 9. Waterfowl hunters may enter the refuge at 4 a.m. 10. Boats with the owner’s name and address permanently displayed or valid registration may be left on the refuge from March 1 through October 31. We prohibit the use of boats from 12 p.m. (midnight) to 4 a.m. during duck season. 11. Hunters may use and possess only biodegradable materials to mark trails. PO 00000 Frm 00009 Fmt 4701 Sfmt 4702 56367 12. We prohibit building or hunting from permanent blinds. We prohibit driving or screwing any metal object into a tree or hunting from a tree in which a metal object has been driven or screwed to support a hunter (see §32.2(i)). 13. We prohibit cutting of holes or manipulation of vegetation (i.e., cutting bushes, mowing, weed-eating, herbicide use, etc.) and hunting from manipulated areas (see §27.51 of this chapter). 14. We allow use of dogs for migratory game bird hunting. 15. We allow waterfowl hunting from refuge roads and levees. 16. Any hunter born after 1968 must carry a valid hunter education card. An adult at least age 21 must supervise hunters under age 16 who have a valid hunter education card and remain within sight and normal voice contact with the youth. Hunters under age 16 do not need to have a card if they are under the direct supervision (within arm’s reach) of an adult (at least age 21) holder of a valid hunting license. An adult may supervise up to two youths for migratory bird and upland game hunting but may supervise only one youth for big game hunting. We will honor home State hunter education cards. 17. We prohibit target practice or nonhunting discharge of firearms (see §27.42 of this chapter). 18. We allow vehicle use only on established roads and trails (see §27.31 of this chapter). We limit vehicle access on the Mingo Creek unit to ATV use only, only on marked ATV trails, September 1 through February 28, and only to provide access for hunting beyond Parking Areas. Hunters may use conventional vehicles on the Farm Unit from March 1 through November 14 only. Hunters may only use ATVs from September 1 through February 28 and only to provide access for hunting beyond Parking Areas. We prohibit driving around a locked gate, barrier, or beyond a sign closing a road to vehicular traffic (see §27.31 of this chapter). 19. We prohibit entry into or hunting in waterfowl sanctuaries from November 15 through February 28. 20. Hunters must adhere to all public use special conditions and regulations on the annual hunt brochure (permit). 21. We prohibit airboats, hovercraft, and personal watercraft (Jet Ski, etc.). 22. We prohibit the possession or use of alcoholic beverages while hunting (see §32.2(j)). B. Upland Game Hunting. We allow hunting of squirrel, rabbit, quail, raccoon, opossum, beaver, muskrat, nutria, armadillo, coyote, and feral hog E:\FR\FM\15SEP2.SGM 15SEP2 srobinson on DSKHWCL6B1PROD with PROPOSALS2 56368 Federal Register / Vol. 75, No. 178 / Wednesday, September 15, 2010 / Proposed Rules on designated areas of the refuge in accordance with State regulations subject to the following special conditions: 1. Conditions A1, A5, A10 through A12, and A16 through A22 apply. 2. Hunters may use shotguns only with approved nontoxic shot (see §32.2(k)) and rifles chambered for rimfire cartridges. 3. We allow squirrel hunting September 1 through February 28 on the Mingo Creek Unit and on the Farm Unit, except for season closure on the Farm Unit during the Quota Gun Deer Hunt. We prohibit dogs, except for the period of December 1 through February 28. 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 Quota Gun Deer Hunt. We prohibit dogs, except for the period of December 1 through February 28. 5. We allow quail hunting in accordance with the State season except for season closure on the Farm Unit during the Quota Gun Deer Hunt. We allow dogs. 6. We allow hunting of raccoon and opossum with dogs on all refuge hunt units. We require dogs for hunting of raccoon/opossum at night. We list annual season dates in the refuge hunting brochure/permit. We prohibit field trials and organized training events. 7. We prohibit the use of horses and mules. 8. Hunters may take beaver, muskrat, nutria, armadillo, feral hog, and coyote during any refuge hunt with the device allowed for that hunt subject to State seasons. 9. We prohibit hunting from refuge roads except by waterfowl hunters. 10. We prohibit hunting from a vehicle. 11. We limit nighttime use to fishing, frogging, and/or raccoon/opossum hunting, and the hunter must possess the appropriate tackle or gear. C. Big Game Hunting. We allow hunting of deer and turkey on designated areas of the refuge in accordance with State regulations subject to the following conditions: 1. Conditions A1, A5, A10 through A12, A16 through A22, and B8 through B11 apply. 2. We divide the refuge into two hunting units: Farm Unit and Mingo Creek Unit. 3. The archery/crossbow hunting season for deer begins on the opening day of the State season and continues throughout the State season in the Mingo Creek Unit and Farm Unit except for the season closure on the Farm Unit VerDate Mar<15>2010 19:17 Sep 14, 2010 Jkt 220001 during the Quota Gun Deer Hunt. We provide annual season dates and bag limits on the hunt brochure/permit (signature required). 4. Muzzleloader hunting season for deer will begin in October and continue for a period of up to 9 days in all hunting units with annual season dates and bag limits provided on the hunt brochure/permit. 5. The modern gun hunting season for deer will begin in November and continue for a period of up to 9 days on the Farm Unit with annual season dates and bag limits provided on the hunt brochure/permit. We close the Mingo Creek Unit. 6. The fall archery/crossbow hunting season for turkey will begin on the opening day of the State season and continue throughout the State season on the Mingo Creek Unit only. 7. We prohibit spring and fall gun hunting for turkey. 8. Immediately record the zone 002 on your hunting license and later at an official check station for all deer and turkey harvested on the refuge. 9. You may use only shotguns with rifled slugs, muzzleloaders, and legal pistols for modern gun deer hunting. 10. We allow only portable deer stands capable of being carried by a single individual. Hunters may erect stands 7 days prior to the refuge deer season and must remove them from the waterfowl sanctuaries prior to November 15, except for stands used by Quota Gun Deer Hunt permit holders (signature required), which must be removed by the last day of the Quota Gun Deer Hunt. Hunters must remove all stands on the remainder of the refuge within 7 days of the closure of archery season (see §27.93 of this chapter). Hunters must permanently affix their name and address to their deer stands on the refuge. 11. We prohibit hunting from a vehicle or use of a vehicle as a deer stand. 12. We prohibit the use of dogs. 13. We prohibit the possession or use of buckshot for hunting on all refuge lands. 14. We prohibit hunting from mowed and/or graveled road right-of-ways. 15. Refuge lands are located in Statedesignated Flood Prone Region B, and we will close them to all deer hunting when the White River gauge at Augusta reaches 31 feet (9.3 m), as reported by the National Weather Service at https:// www.srh.noaa.gov/data/LZK/ RVSLZKand reopen them when the same gauge reading falls below 30 feet (9.1 m) and the White River Gauge at Georgetown falls to or below 19 feet (5.7 m). PO 00000 Frm 00010 Fmt 4701 Sfmt 4702 16. We allow only Quota Gun Deer Hunt permit holders on the Farm Unit during the Quota Gun Deer Hunt and only for the purposes of deer hunting. We close the refuge to all other entry and public use during the Quota Gun Deer Hunt. 17. We close waterfowl sanctuaries to all entry and hunting from November 15 to February 28 except for Quota Gun Deer Hunt permit holders who may hunt the sanctuary when the season overlaps with these dates. D. Sport Fishing. We allow fishing and frogging in accordance with State regulations subject to the following conditions: 1. Conditions A10, A18 through A21, B11, and C16 apply. 2. We close waterfowl sanctuaries to all entry and fishing/frogging from November 15 to February 28. We also close the Farm Unit to all entry and fishing during the Quota Gun Deer Hunt. 3. We prohibit commercial fishing. 4. We prohibit the take or possession of turtles and/or mollusks (see §27.21 of this chapter). 5. We prohibit mooring houseboats to the refuge bank on the Little Red River. Big Lake National Wildlife Refuge * * * * * B. Upland Game Hunting. We allow hunting of squirrel, rabbit, raccoon, nutria, coyote, beaver, and opossum on designated areas of the refuge in accordance with State regulations subject to the following conditions: 1. We require refuge hunt permits. The permits (found on the front cover of the annual hunt brochure/permit – signature required) are nontransferable and anyone on refuge land in possession of hunting equipment must sign and carry the permit at all times. 2. We provide annual season dates for squirrel, rabbit, raccoon, and opossum hunting in the refuge hunting brochure/ permit. 3. We allow take of nutria, beaver, and coyote during any refuge hunt with the device allowed for that hunt subject to State seasons. 4. Any hunter born after 1968 must carry a valid hunter education card. An adult age 21 or older must supervise and remain within sight and normal voice contact with hunters under age 16 who have a valid hunter education card. Hunters under age 16 do not need to have a card if they are under the direct supervision (within arm’s reach) of an adult (age 21 or older) holder of a valid hunting license. An adult may supervise up to two youths for upland game hunting but may supervise only one youth for big game hunting. We will E:\FR\FM\15SEP2.SGM 15SEP2 srobinson on DSKHWCL6B1PROD with PROPOSALS2 Federal Register / Vol. 75, No. 178 / Wednesday, September 15, 2010 / Proposed Rules honor home State hunter education cards. 5. We prohibit target practice or any nonhunting discharge of firearms (see §27.42 of this chapter). 6. You may take opossum when hunting raccoon. 7. We require dogs for night hunting of raccoon and opossum. We prohibit field trials and organized training events. 8. When hunting, you may only use shotguns with approved nontoxic shot (see §32.2(k)) and rifles chambered for rimfire cartridges. 9. We prohibit boats from November 1 through February 28, except on that portion of the refuge open for public fishing with electric motors and Ditch 28. 10. We prohibit hunting from mowed and/or gravel road right-of-ways. 11. We prohibit ATVs (see §27.31(f) of this chapter). 12. We prohibit horses and mules. 13. We limit nighttime use to fishing, frogging, and/or raccoon/opossum hunting, and the angler must possess the appropriate tackle or gear. 14. We prohibit driving around a locked gate, barrier, or beyond a sign closing a road to vehicular traffic (see §27.31 of this chapter). 15. We prohibit the possession or use of alcoholic beverages while hunting (see §32.2(j)). 16. You must adhere to all public use special conditions and regulations on the annual hunt brochure/permit. 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 B1, B3 through B5, and B9 through B16 apply. * * * * * 3. Hunters may use only bows or crossbows. * * * * * 5. Hunters may possess or use only biodegradable materials to mark trails. * * * * * 8. We allow only portable deer stands capable of being carried by a single individual. Hunters may erect stands 7 days prior to the refuge deer season and must remove them within 7 days of the closure of archery season (see §27.93 of this chapter). Hunters must permanently affix their name and address to their deer stands on the refuge. * * * * * 12. Hunters may enter the refuge no earlier than 4 a.m. D. Sport Fishing. We allow fishing and frogging on designated areas of the refuge subject to the following conditions: VerDate Mar<15>2010 19:17 Sep 14, 2010 Jkt 220001 1. Conditions B9, B11 through B14, and B16 apply. 2. Anglers may launch boats only in designated areas. 3. We prohibit ATVs, airboats, personal watercraft, Jet Skis, and hovercraft (see §27.31 of this chapter). 4. We allow frogging from the beginning of the State frogging season through October 31. 5. We allow the take of largemouth bass in accordance with State regulations. 6. We prohibit the take or possession of turtle and/or mollusks (see §27.21 of this chapter). 7. We require a Special Use Permit (FWS Form 3-1383) for all commercial fishing activities on the refuge. Cache River National Wildlife Refuge A. Migratory Game Bird Hunting. We allow hunting of duck, goose, coot, snipe, woodcock, and dove on designated areas of the refuge in accordance with State regulations subject to the following conditions: 1. We require refuge hunting permits. These permits (found on the front cover of the annual hunt brochure/permit – signature required) are nontransferable, and anyone on the refuge in possession of hunting equipment must sign and carry the permit at all times. 2. We allow hunting of duck, goose, coot, dove, and snipe daily until 12 p.m. (noon) throughout the State seasons, except for refuge-wide season closures during Quota Gun Deer Hunt and the exception provided in A3. 3. We allow hunting for goose from c hour before legal sunrise until c hour after legal sunset after the close of duck season in January for the remainder of the State goose season(s) and Snow, Blue, and Ross’ Goose Conservation Order. 4. We allow hunting for woodcock daily throughout the State seasons except for season closures during the Quota Gun Deer Hunt. 5. We prohibit commercial hunting and/or guiding. 6. You may possess only approved nontoxic shot while hunting in the field (see §32.2(k)). 7. You must remove decoys, blinds, boats, and all other equipment (see §27.93 of this chapter) daily by 1 p.m. 8. Waterfowl hunters may enter the refuge at 4 a.m. 9. Boats with the owner’s name and address permanently displayed or valid registration may be left on the refuge from March 1 through October 31. We prohibit boats on the refuge from 12 p.m. (midnight) to 4 a.m. during duck season. 10. Hunters may possess or use only biodegradable materials to mark trails. PO 00000 Frm 00011 Fmt 4701 Sfmt 4702 56369 11. We prohibit building or hunting from permanent blinds. We prohibit driving or screwing any metal object into a tree or hunting from a tree in which a metal object has been driven or screwed to support a hunter (see §32.2(i)). 12. We prohibit cutting of holes or other manipulation of vegetation (e.g., cutting bushes, mowing, weed-eating, herbicide use, and other actions) or hunting from manipulated areas (see §27.51 of this chapter). 13. We allow use of dogs for migratory game bird hunting. 14. We allow waterfowl hunting on flooded refuge roads. 15. Any hunter born after 1968 must carry a valid hunter education card. An adult at least age 21 must supervise and remain within sight and normal voice contact with hunters younger than age 16 who have a valid hunter education card. Hunters younger than age 16 do not need to have a card if they are under the direct supervision (within arm’s reach) of a holder of a valid hunting license of at least age 21. An adult may supervise up to two youths for migratory bird and upland game hunting but may supervise only one youth for big game hunting. We will honor home State hunter education cards. 16. We prohibit target practice or any nonhunting discharge of firearms (see §27.42 of this chapter). 17. We prohibit ATVs except from September 1 through February 28, on designated roads, trails, or established parking areas, and only to provide access for hunting. We prohibit driving around a locked gate, barrier, or beyond a sign closing a road to vehicular traffic (see §27.31 of this chapter). 18. We prohibit entry into or hunting in waterfowl sanctuaries from November 15 through February 28. 19. You must adhere to all public use special conditions and regulations on the annual hunt brochure/permit. 20. We close all other hunts during the Quota Gun Deer Hunt. We allow only Quota Gun Deer Hunt permit (signature only required) holders to enter the refuge during this hunt and only for the purpose of deer hunting. 21. We prohibit airboats, hovercraft, and personal watercraft (Jet Ski, etc.) (see §27.31 of this chapter). B. Upland Game Hunting. We allow hunting of squirrel, rabbit, quail, raccoon, opossum, beaver, muskrat, nutria, armadillo, coyote, and feral hog on designated areas of the refuge in accordance with State regulations subject to the following conditions: 1. Conditions A1, A5, A9 through A11, and A15 through A21 apply. E:\FR\FM\15SEP2.SGM 15SEP2 srobinson on DSKHWCL6B1PROD with PROPOSALS2 56370 Federal Register / Vol. 75, No. 178 / Wednesday, September 15, 2010 / Proposed Rules 2. We allow squirrel hunting September 1 through February 28 on all refuge hunt units except for refuge-wide season closure during the Quota Gun Deer Hunt. We prohibit dogs, except during the period December 1 through February 28. 3. Rabbit season corresponds with the State season on all refuge hunt units except for refuge-wide season closure during the Quota Gun Deer Hunt. We prohibit dogs except during the period December 1 through February 28. 4. Quail season corresponds with the State season on all refuge hunt units except for refuge-wide season closure during the Quota Gun Deer Hunt. We allow dogs. 5. We allow hunting of raccoon and opossum with dogs on all refuge hunt units. We require dogs for hunting of raccoon/opossum at night. We provide annual season dates in the refuge hunting brochure/permit. We prohibit field trials and organized training events. 6. We prohibit horses and mules. 7. You may take beaver, muskrat, nutria, armadillo, feral hog, and coyote during any refuge hunt with the device allowed for that hunt. 8. We prohibit hunting from mowed and/or graveled refuge roads except by waterfowl hunters during flooded conditions. 9. We prohibit hunting from a vehicle. 10. You may use only shotguns with approved nontoxic shot (see §32.2(k)) and rifles chambered for rimfire cartridges when hunting. 11. We limit nighttime use to fishing, frogging, and/or raccoon/opossum hunting; and the hunter must possess appropriate tackle or gear. C. Big Game Hunting. We allow hunting of deer and turkey on designated areas of the refuge in accordance with State regulations subject to the following conditions: 1. Conditions A1, A5, A9 through A11, A15 through A21, B6 through B9, and B11 apply. 2. We divide the refuge into the following three hunting units: Unit I – refuge lands between Highway 79 and Interstate 40; Unit II – all refuge lands east of Highway 33 between Interstate 40 and Highway 18 at Grubbs, Arkansas; and Unit III – all refuge lands west of Highway 33, from Interstate 40 to Highway 64. 3. Archery/crossbow hunting season for deer begins on the opening day of the State season and continues throughout the State season in all refuge hunting units except for refuge-wide season closure during the Quota Gun Deer Hunt. We provide annual season VerDate Mar<15>2010 19:17 Sep 14, 2010 Jkt 220001 dates and bag limits on the hunt brochure/permit. 4. Muzzleloader hunting season for deer will begin in October and will continue for a period of up to 9 days in all hunting units with annual season dates and bag limits provided on the hunt brochure/permit. 5. Modern gun deer hunting will begin in November and continue for a period of up to 11 days in all hunting units with annual season dates and bag limits provided on the hunt brochure/ permit. 6. The fall archery/crossbow hunting season for turkey will begin on the opening day of the State season and continue throughout the State season in Hunt Units I, III, and those Unit II lands that are located within the State fall archery/crossbow turkey zone. We close Unit II lands outside the fall archery/ crossbow turkey zone. We prohibit turkey hunting during the refuge-wide season closure during the Quota Gun Deer Hunt. We do not open for fall gun hunting for turkeys. 7. The spring gun hunt for turkey will begin on the opening day of the State season and continue throughout the State season in Hunt Units I and III. We close Unit II lands with the exception of those refuge lands included in the combined Black Swamp Wildlife Management Area/ Cache River National Wildlife Refuge quota permit hunts administered by the State. 8. Immediately record the zone 095 on your hunting license and later at an official check station for all deer and turkey harvested on the refuge. 9. Hunters may only use shotguns with rifled slugs, muzzleloaders, or legal pistols for modern gun deer hunting on the Dixie Farm Unit Waterfowl Sanctuary, adjacent waterfowl hunt area, and the Plunkett Farm Unit Waterfowl Sanctuary. 10. We allow only portable deer stands capable of being carried by a single individual. 11. We prohibit hunting from a vehicle or use of a vehicle as a deer stand. 12. You must permanently affix the owner’s name and address to all deer stands on the refuge. 13. Hunters may erect stands 7 days prior to the refuge deer season and must remove them from the waterfowl sanctuaries prior to November 15, and from the rest of the refuge within 7 days of the closure of archery season (see §27.93 of this chapter). 14. We prohibit the use of dogs. 15. We prohibit the possession or use of buckshot for hunting on all refuge lands. PO 00000 Frm 00012 Fmt 4701 Sfmt 4702 16. We prohibit hunting from mowed and/or graveled road right-of-ways. 17. We will close refuge lands located in State-designated Flood Prone Region B to all deer hunting when the White River gauge at Augusta reaches 31 feet (9.3 m), as reported by the National Weather Service at https:// www.srh.noaa.gov/data/LZK/ RVSLZKand reopen them when the same gauge reading falls below 30 feet (9.1 m) and the White River gauge at Georgetown falls to, or below, 19 feet (5.7 m). 18. We will close refuge lands located in State-designated Flood Prone Region C to all deer hunting when the Cache River gauge at Patterson exceeds 10 feet (3 m), as reported by the National Weather Service at https:// www.srh.noaa.gov/data/LZK/ RVSLZKand reopen them when the same gauge reading falls below 8.5 feet (2.6 m). 19. We will close refuge lands located in Flood Prone Region D to all deer and turkey hunting when the White River gauge at Clarendon reaches 28 feet (8.4 m), as reported by the National Weather Service at https://www.srh.noaa.gov/ data/LZK/RVSLZKand reopen them when the same gauge reading falls to or below 27 feet (8.1 m). D. Sport Fishing. We allow fishing and frogging on designated areas of the refuge in accordance with State regulations subject to the following conditions: 1. Conditions A9, A17, A19, A21, and B11 apply. 2. We close waterfowl sanctuaries to all entrance and fishing/frogging from November 15 to February 28. We prohibit refuge-wide entry and fishing during the Quota Gun Deer Hunt. 3. We require a Special Use Permit (FWS Form 3-1383) for all commercial fishing activities on the refuge. 4. We prohibit the take or possession of turtles and/or mollusks (see §27.21 of this chapter). 5. We prohibit the mooring of houseboats to refuge property. Felsenthal National Wildlife Refuge A. Hunting of Migratory Game Birds. We allow hunting of duck, goose, and coot on designated areas of the refuge in accordance with State regulations subject to the following conditions: 1. We allow hunting of duck, goose, and coot during the State waterfowl season except during scheduled quota refuge Gun Deer Hunts. 2. Hunting of duck, goose, and coot ends at 12 p.m. (noon) each day. 3. We allow only portable blinds. You must remove all duck hunting equipment (portable blinds, boats, guns, E:\FR\FM\15SEP2.SGM 15SEP2 srobinson on DSKHWCL6B1PROD with PROPOSALS2 Federal Register / Vol. 75, No. 178 / Wednesday, September 15, 2010 / Proposed Rules and decoys) (see §27.93 of this chapter) from the hunt area by 1:30 p.m. each day. 4. You may possess only approved nontoxic shells when hunting (see §32.2(k)) in quantities of 25 or less each day during waterfowl season; hunters may not discharge more than 25 shells per day. 5. We close areas of the refuge posted with ‘‘Area Closed’’ signs and identify them on the refuge hunt brochure map as a waterfowl sanctuary. Waterfowl sanctuaries are closed to all public entry and public use during waterfowl hunting season. 6. No person will utilize the services of a guide, guide service, outfitter, club, organization, or other person who provides equipment, services, or assistance on Refuge System lands for compensation. Failure to comply with this provision subjects each hunter in the party to a fine if convicted of this violation. 7. Hunters must possess and carry a signed refuge hunt brochure permit while hunting. These hunt brochure permits are available at the refuge office, brochure dispensers at multiple locations throughout the refuge, and area businesses. 8. We prohibit possession and/or use of herbicides. 9. We prohibit marking trails with tape, ribbon, paint, or any other substance other than biodegradable paper flagging, reflective twist ties, or reflective tacks (see §27.93 of this chapter). 10. We prohibit possession or use of alcoholic beverage(s) while hunting (see §32.2(j)). We prohibit consumption or possession of opened container(s) of alcoholic beverage(s) in parking lots, on roadways, and in plain view in campgrounds. 11. All persons born after 1968 must possess a valid hunter education card in order to hunt. 12. 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. One adult may supervise no more than two youth hunters. 13. We allow only all-terrain vehicles/ utility-type vehicles (ATVs/UTVs) for hunting and fishing activities. We restrict ATVs/UTVs to designated times and designated trails (see §27.31 of this chapter) marked with signs and paint. We identify these trails and the dates they are open for use in the refuge hunt brochure. We limit ATVs/UTVs to those having an engine displacement size not exceeding 700cc. We limit ATV/UTV tires to those having a centerline lug depth not exceeding 1 inch (2.5 cm). VerDate Mar<15>2010 19:17 Sep 14, 2010 Jkt 220001 You may use horses on roads and ATV/ UTV trails (when open to motor vehicle and ATV/UTV traffic respectively) as a mode of transportation for on-refuge, hunting and fishing activities. 14. We prohibit hunting within 150 feet (45 m) of roads and trails open to motor vehicle use (including ATV/UTV trails). 15. We prohibit target practice with any firearm, archery tackle, or crossbow or any nonhunting discharge of firearms (see §27.42 of this chapter). 16. We allow camping only at designated primitive campground sites identified in the refuge hunt brochure, and we restrict camping to individuals involved in wildlife-dependent refuge activities. Campers may stay no more than 14 days during any 30 consecutiveday period in any campground and must occupy camps daily. We prohibit all disturbances, including use of generators, after 10 p.m. You must unload all hunting weapons (see §27.42(b) of this chapter) within 100 yards (90 m) of a campground. 17. You may take beaver, nutria, feral hog, and coyote during any daytime refuge hunt with weapons and ammunition allowed for that hunt. There is no bag limit. You may not transport or possess live hog. 18. We prohibit blocking of gates, roadways, and boat ramps (see §27.31(h) of this chapter). 19. We allow the use of retriever dogs. 20. We prohibit the use or possession of any electronic call or other electronic device used for producing or projecting vocal sounds of any wildlife species. B. Upland Game Hunting. We allow hunting of quail, squirrel, rabbit, and furbearers (as defined by State law) on designated areas of the refuge in accordance with State regulations subject to the following conditions: 1. Conditions A4 through A18 and A20 apply. 2. We allow hunting for the species listed above on the refuge during State seasons for this zone through January 31. We list specific hunting season dates annually in the refuge hunt brochure. We close upland game hunting during refuge quota deer hunts. We annually publish dates for these quota deer hunts in the refuge hunt brochure. 3. We do not open for spring squirrel hunting season, summer/early fall raccoon hunting season, or spring bobcat hunting season. 4. We prohibit possession of lead ammunition except that you may use rimfire rifle lead ammunition no larger than .22 caliber for upland game hunting. We prohibit possession of shot larger than that legal for waterfowl hunting. During the deer and turkey PO 00000 Frm 00013 Fmt 4701 Sfmt 4702 56371 hunts, hunters may use lead ammunition legal for taking deer and turkey. We prohibit buckshot for gun deer hunting. 5. You may use dogs for squirrel and rabbit hunting from the opening of furbearer (as defined by State law) hunting season through January 31. You may also use dogs for quail hunting and for raccoon/opossum hunting during open season on the refuge for these species. At other times, you must keep dogs and other pets on a leash or confined (see §26.21(b) of this chapter). C. Big Game Hunting. * * * 1. Conditions A6 through A11, A13 through A18, and A20 apply. ***** 3. We close archery deer hunting during the quota gun deer hunts. 4. The refuge will conduct no more than two muzzleloader deer hunts and no more than four quota modern gun deer hunts. 5. We restrict hunt participants for quota hunts to those drawn for a quota permit (Big/Upland Game Hunt Application; FWS Form 3-2356). The permits are nontransferable and permit fees are nonrefundable. If conditions prevent the hunts from occurring, there will not be any refunds or permits carried over from year to year. Hunt dates and application procedures will be available at the refuge office in July. 6. The muzzleloader and modern gun deer hunt bag limit is two deer with no more than one buck on each hunt. 7. Hunters must check all harvested deer during quota hunts at refuge deer check stations on the same day of the kill. We identify the check station locations in the refuge hunt brochure. Carcasses of deer taken must remain intact (except you may field dress) until checked. 8. You may only use portable deer stands erected no earlier than 2 days before the opening of the State deer season and you must remove them no later than February 2 each year (see §27.93 of this chapter). 9. We prohibit the use of deer decoy(s). * * * * * 13. The refuge will conduct no more than three quota permit spring turkey gun hunts. Specific hunt dates and application procedures will be available at the refuge office in January. We restrict hunt participants to those selected for a quota permit, except that one nonhunting adult age 21 or older possessing a valid hunting license must accompany the youth hunter age 15 and younger. 14. An adult age 21 or older possessing a valid hunting license must E:\FR\FM\15SEP2.SGM 15SEP2 56372 Federal Register / Vol. 75, No. 178 / Wednesday, September 15, 2010 / Proposed Rules accompany and be within sight and normal voice contact of hunters age 15 and younger. One adult may supervise no more than one youth hunter. 15. We prohibit leaving any tree stand, ground blind, boat, or game camera on the refuge without the owner’s name and address clearly written in a conspicuous location. D. Sport Fishing. We allow fishing, frogging, and crawfishing for personal use on designated areas of the refuge in accordance with State regulations subject to the following conditions: 1. Conditions A6, A8, A9, A13, A16, and A18 apply. 2. We prohibit fishing in the waterfowl sanctuary area during the waterfowl hunting season, with the exception of the main channel of the Ouachita and Saline Rivers and the borrow pits along Highway 82. We post the waterfowl sanctuary area with ‘‘Area Closed’’ signs and identify those areas in refuge hunt brochures. 3. We allow fishing only in areas accessible from the Oauchita and Saline Rivers and Eagle, Jones, and Pereogeethe Lakes during the refuge quota gun hunts. 4. You must reset trotlines when receding water levels expose them. 5. We prohibit consumption or possession of opened container(s) of alcoholic beverage(s) in parking lots, on roadways, and in plain view in campgrounds (see §32.5(c)). Holla Bend National Wildlife Refuge * * * * * B. Upland Game Hunting. * * * * * * * 6. We allow ATVs only for hunters with disabilities. We require a refuge ATV permit (Special Use Permit; FWS Form 3-1383) issued by the refuge manager. * * * * * 11. We prohibit hunting within 150 feet (45 m) of roads open to motor vehicle use and nature trails. * * * * * 13. We allow the use of nonmotorized boats during the refuge fishing/boating season (March 1 to October 31), but we prohibit hunters leaving boats on the refuge overnight (see §27.93 of this chapter). srobinson on DSKHWCL6B1PROD with PROPOSALS2 * C. Big Game Hunting. * * * 1. Conditions B1 and B4 through B13 apply. 2. We allow archery/crossbow hunting for white-tailed deer. We provide annual season dates in the hunt brochure/permit (name, address, signature required). * * * * * VerDate Mar<15>2010 19:17 Sep 14, 2010 Jkt 220001 D. Sport Fishing. * * * * 1. Conditions B6, B7, and B9 apply. * * * * Overflow National Wildlife Refuge A. Migratory Game Bird Hunting. We allow hunting of duck, goose, and coot on designated areas of the refuge in accordance with State regulations subject to the following conditions: 1. We allow hunting of duck, goose, and coot during the State waterfowl season. We do not open during the September teal season. * * * * * 3. We allow only portable blinds. Hunters must remove portable blinds, boats, and decoys from the hunt area by 1:30 p.m. each day (see §27.93 of this chapter). Exception: Hunters may store boats in designated areas identified on refuge brochure. * * * * * 5. We close areas of the refuge by posting ‘‘Area Closed’’ signs and identifying them on the refuge hunt brochure map as Sanctuary and closed to all public entry and public use. Exception: We open the area identified as North Sanctuary on refuge hunt brochure map to all authorized public use activities from 2 days prior to opening of deer archery season through October 31. We close the South Waterfowl Sanctuary from December 1 until the end of waterfowl season. * * * * * 7. You must possess and carry a signed refuge hunt brochure permit while hunting. These hunt brochure permits are available at the refuge office, brochure dispensers at multiple locations throughout the refuge, and area businesses. * * * * * 9. We prohibit marking trails with tape, ribbon, paint, or any other substance other than biodegradable paper flagging, reflective twist ties, or reflective tacks (see §27.93 of this chapter). 10. We prohibit possession or use of alcoholic beverage(s) while hunting (see §32.2(j)). We prohibit consumption or possession of opened container(s) of alcoholic beverage(s) in parking lots and roadways. * * * * * 12. 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. One adult may supervise no more than two youth hunters. 13. We allow only all-terrain vehicles/ utility-type vehicles (ATVs/UTVs) for hunting activities. We restrict ATVs/ PO 00000 Frm 00014 Fmt 4701 Sfmt 4702 UTVs to designated times and designated trails (see §27.31 of this chapter) marked with signs and paint. We identify those trails and the dates they are open for use in the refuge hunt brochure. We limit ATVs/UTVs to those having an engine displacement size not exceeding 700cc. We limit ATV/UTV tires to those having a centerline lug depth not exceeding 1 inch (2.5 cm). You may use horses on roads and ATV/ UTV trails (when open to motor vehicle and ATV/UTV traffic respectively) as a mode of transportation for on-refuge, hunting activities. You may use ATVs/ UTVs on unmarked roads and levees in the North Sanctuary beginning 2 days prior to the opening of deer archery season through October 31. 14. We prohibit hunting within 150 feet (45 m) of roads and trails open to motor vehicle use (including ATV/UTV trails). 15. We prohibit target practice with any firearm, archery tackle, or crossbow or any nonhunting discharge of firearms (see §27.42 of this chapter). 16. We prohibit blocking of gates, roadways, and boat ramps (see §27.31(h) of this chapter). 17. You may take beaver, nutria, feral hog, and coyote during any daytime refuge hunt with weapons and ammunition legal for that hunt. There is no bag limit. We prohibit transportation or possession of live hog. * * * * * B. Upland Game Hunting. We allow hunting of quail, squirrel, rabbit, and furbearers (as defined by State law) on designated areas of the refuge in accordance with State regulations subject to the following conditions: 1. Conditions A4 through A17, and A19 apply. * * * * * 3. We do not open for the spring squirrel hunting season, summer/fall raccoon hunting season, or the spring bobcat hunting season. 4. When upland game hunting, we prohibit possession of lead ammunition except that you may use rimfire rifle lead ammunition no larger than .22 caliber. We prohibit possession of shot larger than that legal for waterfowl hunting. During the deer and turkey hunts, we allow use of lead ammunition legal for taking deer and turkey. We prohibit buckshot for gun deer hunting. 5. You may use dogs for squirrel and rabbit hunting from December 1 through January 31. You may also use dogs for quail hunting and for raccoon/opossum hunting during open season on the refuge for these species. At other times, you must keep dogs and other pets on a leash or confined (see §26.21(b) of this chapter). E:\FR\FM\15SEP2.SGM 15SEP2 Federal Register / Vol. 75, No. 178 / Wednesday, September 15, 2010 / Proposed Rules C. Big Game Hunting. * * * 1. Conditions A5 through A11, A13 through A17, and A19 apply. 2. We allow muzzleloader deer hunting during the first State muzzleloader season for this zone (see State regulations for appropriate zone). 3. Bag limit for the muzzleloader deer hunt is two deer, with no more than one buck. 4. You may use only portable deer stands erected no earlier than 2 days before the opening of the State deer season, and you must remove them no later than February 2 each year (see §27.93 of this chapter). 5. We prohibit the use of deer decoy(s). * * * * * 8. We do not open for the fall turkey archery season or spring turkey gun season. 9. We do not open for the gun deer season or the second (and December) muzzleloader deer season. 10. An adult age 21 or older possessing a valid hunting license must accompany and be within sight or normal voice contact of hunters age 15 and younger. One adult may supervise no more than one youth hunter. 11. We prohibit leaving any tree stand, ground blind, boat, or game camera on the refuge without the owner’s name and address clearly written in a conspicuous location. * * * * * srobinson on DSKHWCL6B1PROD with PROPOSALS2 Pond Creek National Wildlife Refuge A. Migratory Game Bird Hunting.* * * 1. We allow hunting of migratory game birds during the State waterfowl seasons, except we close during scheduled quota refuge gun deer hunts. * * * * * 3. We allow only portable blinds. You must remove portable blinds, boats, and decoys from the hunt area by 1:30 p.m. each day (see §27.93 of this chapter). * * * * * 5. You must possess and carry a signed refuge hunt brochure permit while hunting. These hunt brochure permits are available at the refuge office, brochure dispensers at multiple locations throughout the refuge, and area businesses. * * * * * 7. We prohibit marking trails with tape, ribbon, paint, or any other substance other than biodegradable paper flagging, reflective twist ties, or reflective tacks (see §27.93 of this chapter). * * * * * 11. We allow only all-terrain vehicles/ utility-type vehicles (ATVs/UTVs) for VerDate Mar<15>2010 19:17 Sep 14, 2010 Jkt 220001 hunting and fishing activities. We restrict ATVs/UTVs to designated times and designated trails (see §27.31 of this chapter) marked with signs and paint. We identify those trails and the dates they are open for use in the refuge hunt brochure. We limit ATVs/UTVs to those having an engine displacement size not exceeding 700cc and a total width not to exceed 63 inches (160.02 cm). We limit ATV/UTV tires to those having a centerline lug depth not exceeding 1 inch (2.5 cm). You may use horses on roads and ATV/UTV trails (when open to motor vehicle and ATV/UTV traffic respectively) as a mode of transportation for on-refuge, hunting and fishing activities. 12. We prohibit hunting within 150 feet (45 m) of roads and trails open to motor vehicle use (including ATV/UTV trails). 13. We prohibit target practice with any firearm, archery tackle, or crossbow or any nonhunting discharge of firearms (see §27.42 of this chapter). 14. We allow camping only 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. You must unload all hunting firearms and crossbows (see §27.42(b) of this chapter) within 100 yards (90 m) of a campground. 15. You may take beaver, nutria, feral hog, and coyote during any daytime refuge hunt with weapons and ammunition allowed for that hunt. We prohibit the use of dogs to take these species. There is no bag limit. You may not transport or possess live hog. 16. We prohibit blocking of gates, roadways, and boat ramps (see §27.31(h) of this chapter). 17. We allow the use of retriever dogs. 18. We prohibit the use or possession of any electronic call or other electronic device used for producing or projecting vocal sounds of any wildlife species. * * * * * B. Upland Game Hunting. We allow hunting of squirrel, rabbit, and furbearers (as defined by State law) on designated areas of the refuge in accordance with State regulations subject to the following conditions: 1. We allow hunting on the refuge during State seasons for this zone for the species listed above through January 31. We list specific hunting season dates annually in the refuge hunt brochure. PO 00000 Frm 00015 Fmt 4701 Sfmt 4702 56373 We close upland game hunting during refuge quota deer hunts. We annually publish dates for these quota deer hunts in the refuge hunt brochure. 2. We do not open to spring squirrel hunting season, summer/early fall raccoon hunting season, or the spring bobcat hunting season. 3. Conditions A4 through A16, and A18 apply. 4. We prohibit possession of lead ammunition when hunting, except that you may use rimfire rifle lead ammunition no larger than .22 caliber for upland game hunting. We prohibit possession of shot larger than that legal for waterfowl hunting. During the deer and turkey hunts, we allow use of lead ammunition legal for taking deer and turkey. We prohibit buckshot for gun deer hunting. 5. You may use dogs for squirrel, rabbit, raccoon, and opossum hunting from the opening of furbearer (as defined by State law) hunting season through January 31. At other times you must keep dogs and other pets on a leash or confined (see §26.21(b) of this chapter). C. Big Game Hunting.* * * * * * * * 2. Conditions A4 through A9, A11 through A16, and A18 apply. * * * * * 4. We allow muzzleloader deer hunting during the early State muzzleloader season for this deer management zone. The bag limit for the refuge muzzleloader hunt is two deer, with no more than one buck. 5. The refuge will conduct no more than three quota gun deer hunts. 6. We restrict hunt participants for quota hunts to those drawn for a quota permit. These permits are nontransferable and permit fees are nonrefundable. If conditions prevent the hunts from taking place, there will be no refunds or permits carried over from year to year. Hunt dates and application procedures will be available at the refuge office in July. 7. The quota Gun Deer Hunt bag limit is two deer, with no more than one buck (one buck and one doe). 8. You must check all deer at the refuge deer check station on the same day of kill. You must keep carcasses of deer taken intact (you may field dress) until checked. * * * * * 12. You may use only portable deer stands erected no sooner than 2 days before the opening of the State deer season, and you must remove them no later than February 2 each year (see §27.93 of this chapter). E:\FR\FM\15SEP2.SGM 15SEP2 56374 Federal Register / Vol. 75, No. 178 / Wednesday, September 15, 2010 / Proposed Rules 13. We prohibit the use of deer decoy(s). 14. The refuge will conduct no more than two quota permit spring turkey gun hunts. Specific hunt dates and application procedures will be available at the refuge office in January. We restrict hunt participants on these hunts to those selected for a quota permit, except that one nonhunting adult age 21 or older and possessing a valid hunting license must accompany a youth hunter. 15. An adult age 21 or older possessing a valid hunting license must accompany and be within sight and normal voice contact of hunters age 15 and younger. One adult may supervise no more than one youth hunter during big game hunts. 16. We prohibit leaving any tree stand, ground blind, boat, or game camera on the refuge without the owner’s name and address clearly written in a conspicuous location. * * * * * Wapanocca National Wildlife Refuge srobinson on DSKHWCL6B1PROD with PROPOSALS2 A. Migratory Game Bird Hunting. * * * 1. We require refuge hunting permits. The permits (found on the front cover of the annual hunt brochure/permit – signature required) are nontransferable and anyone on refuge land in possession of hunting equipment must sign and carry them at all times. * * * * * 5. Hunters may enter the refuge at 4 a.m. 6. We prohibit ATVs. 7. Any hunter born after 1968 must carry a valid hunter education card. An adult age 21 or older must supervise hunters younger than age 16 who have a valid hunter education card and remain within sight and normal voice contact with the adult. Hunters younger than age 16 do not need to have a card if they are under the direct supervision (within arm’s reach) of a holder of a valid hunting license of at least age 21. An adult may supervise up to two youths for migratory bird and upland game hunting but may supervise only one youth for big game hunting. We honor home State hunter education cards. 8. Hunters may possess or use only biodegradable materials to mark trails (see §27.93 of this chapter). 9. We prohibit target practice or any nonhunting discharge of firearms (see §27.42 of this chapter). 10. We prohibit driving around a locked gate, barrier, or beyond a sign closing a road to vehicular traffic (see §27.31 of this chapter). VerDate Mar<15>2010 19:17 Sep 14, 2010 Jkt 220001 11. We prohibit the possession or use of alcoholic beverages while hunting (see §32.2(j)). B. Upland Game Hunting.We allow hunting of squirrel, rabbit, raccoon, nutria, beaver, coyote, feral hog, and opossum in accordance with State regulations subject to the following conditions: 1. Conditions A1 and A3 through A11 apply. 2. You may use only shotguns with approved nontoxic shot (see §32.2(k)) and rifles chambered for rimfire cartridges when hunting. 3. We provide annual season dates for squirrel, rabbit, raccoon, and opossum hunting on the hunt brochure/permit. We allow dogs. 4. You may take nutria, beaver, feral hog, and coyote during any refuge hunt with the device allowed for that hunt, subject to State seasons, on these species. 5. We require dogs for night hunting of raccoon/opossum. We prohibit field trials and organized training events. 6. We prohibit horses and mules. 7. We limit nighttime use to raccoon/ opossum hunting and the hunters must possess appropriate gear. 8. We close all other hunts during the Quota Gun Deer Hunt. We allow only Quota Gun Deer Hunt permit (signature only required) holders to enter the refuge during this hunt and only for the purpose of deer hunting. C. Big Game Hunting. * * * 1. Conditions A1, A3 through A11, and B4 through B8 apply. 2. We prohibit hunting from mowed and/or graveled road right-of-ways. * * * * * 7. We only allow portable deer stands capable of being carried by a single individual. Hunters may erect stands 7 days prior to the refuge deer season and must remove them from the waterfowl sanctuaries by December 1. Hunters must remove all stands on the remainder of the refuge within 7 days of the closure of archery season (see §27.93 of this chapter). You must permanently affix the owner’s name and address on stands left on the refuge. 8. We prohibit hunting from a vehicle or use of a vehicle as a deer stand. 9. We prohibit the possession or use of buckshot for hunting on all refuge lands. D. Sport Fishing. * * * 1. Conditions A4, A6, A10, B6, and B7 apply. We allow fishing from March 15 through October 31 from c hour before legal sunrise to c hour after legal sunset. * * * * * PO 00000 Frm 00016 Fmt 4701 Sfmt 4702 5. We allow bank fishing, but you must park vehicles in designated parking areas. 6. We prohibit the take or possession of frog, mollusk, and/or turtle (see §27.21 of this chapter). 7. Anglers may launch boats only in designated areas. 8. Anglers must remove all boats daily from the refuge (see §27.93 of this chapter). We prohibit airboats, personal watercraft, and hovercraft. White River National Wildlife Refuge A. Migratory Game Bird Hunting. We allow hunting of duck, goose, woodcock, and coot on designated areas of the refuge in accordance with State regulations subject to the following conditions: 1. We require all refuge users to sign and possess a refuge user brochure/ permit (signature required). 2. We allow duck hunting from legal shooting hours until 12 p.m. (noon). 3. We allow retriever dogs for migratory game bird hunting. 4. You must remove blinds, blind material, and decoys (see §27.93 of this chapter) from the refuge by 1 p.m. each day. 5. You may take duck, goose, coot, and woodcock during the State season in designated areas. 6. North Unit waterfowl season and youth waterfowl hunts are concurrent with State season dates. 7. We restrict the South Unit waterfowl season to the Jack’s Bay hunt area as indicated in the refuge user brochure/permit. We open to hunting every Tuesday, Thursday, Saturday, and Sunday of the concurrent State season dates, including State youth waterfowl hunt dates. 8. Waterfowl hunters may enter and access the refuge no earlier than 4 a.m. 9. We prohibit boating December 1 through January 31 in the South Unit Waterfowl Hunt Area, except from 4 am to 1 pm on designated waterfowl hunt days. 10. We prohibit marking trails with materials other than biodegradable paper flagging or reflective tape/tacks (see §27.93 of this chapter). 11. We prohibit use and/or possession of alcoholic beverages while hunting (see §32.2(j)) or open alcohol containers on refuge roads, ATV trails, and parking areas. 12. We prohibit cutting of holes in or other manipulation of vegetation or hunting in such areas (see §27.51 of this chapter). 13. We prohibit waterfowl hunting on Kansas Lake Area (indicated in refuge user brochure/permit). 14. We prohibit loaded hunting weapons in or on a vehicle, ATV, or E:\FR\FM\15SEP2.SGM 15SEP2 srobinson on DSKHWCL6B1PROD with PROPOSALS2 Federal Register / Vol. 75, No. 178 / Wednesday, September 15, 2010 / Proposed Rules boat while under power (see §27.42(b) of this chapter). We define ‘‘loaded’’ as shells in the gun or ignition device on a muzzleloader. 15. We allow duck hunting on specific scattered tracts of land, in accordance with the North Unit regulations. Consult the refuge office for further information. 16. We only allow ATVs for wildlifedependent hunting and fishing activities. We restrict ATVs to designated 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 as shown in refuge user brochure/permit. We define ATV as an off-road vehicle with factory specifications not to exceed the following: A maximum dry weight of 1,550 lbs (697.5 kg), tires having a centerline lug depth of one inch (2.5 cm) or less and a maximum tire pressure of 15 psi as indicated on the tire the manufacturer. We allow only those vehicles originally designed by their manufacturer to be ATVs; we prohibit mini trucks or other modified off-road vehicles. 17. We require hunters born after 1968 to carry a valid hunter education card. We do not require hunters under age 16 to have a hunter education card while under direct supervision (within arms reach) of a holder of a valid hunting license and at least age 21. Youth hunters under age 16 must remain within sight and normal voice contact of an adult age 21 or older, possessing a valid hunting license. An adult may supervise only one youth for big game hunting but may supervise up to two youths for waterfowl and small game hunting. 18. We allow take of beaver, nutria, coyote, and feral hog incidental to any daytime refuge hunt with weapons authorized for that hunt. We prohibit take of beaver, nutria, and feral hog with the aid of dogs or after the hunter has taken the daily bag limit for that hunt. 19. No person, including but not limited to, a guide, guide service, outfitter, club, or other organization, will provide assistance, services, or equipment on the refuge to any other person for compensation unless such guide, guide service, outfitter, club, or organization has obtained a Special Use Permit (FWS Form 3-1383) from the refuge. For purposes of this regulation, we will consider any fees or services rendered to a person for lodging, meals, club membership, or similar services as compensation. 20. We prohibit hunting, taking, possessing, or attempting to take wildlife with a guide, guide service, VerDate Mar<15>2010 19:17 Sep 14, 2010 Jkt 220001 outfitter, club, or organization providing assistance, service, or equipment that does not possess and carry the required refuge Special Use Permit (FWS Form 31383). 21. We allow camping only in designated sites and areas identified in the refuge user brochure/permit, and we restrict camping to individuals involved in wildlife-dependent activities. Campers may stay no more than 14 days during any 30 consecutive-day period in any campground site or area and must occupy camps daily. We prohibit all disturbances, including use of generators, after 10 p.m. You must unload all hunting weapons (see §27.42(b) of this chapter) within 100 yards (90 m) of a campground. 22. We allow refuge users to leave ATVs and boats 16 feet (4.8 m) or less in length unattended overnight as long as the owner clearly displays their complete name and physical address. 23. We prohibit all access in the Demonstration and Dry Lake Waterfowl Rest Areas as indicated in the refuge brochure/permit. 24. We require a refuge Special Use Permit (FWS Form 3-1383) for all commercial use activities including, but not limited to, fishing, trapping, timber management, or collecting acorns. 25. We prohibit hovercraft, personal watercraft (e.g., jet skis, wetbike, etc.) and airboats. 26. You must adhere to all public use special conditions and regulations on the annual refuge user brochure/permit. B. Upland Game Hunting. * * * 1. Conditions A1, A9, A10, A11, A12, A14, A16, A17, A18, and A19 through A26 apply. 2. You may hunt rabbit and squirrel on the North Unit from opening day of the State squirrel season until February 28. 3. We allow dogs for hunting of rabbit and squirrel December 1 through February 28 on the North Unit. * * * * * 7. We close all upland game hunts during quota Gun Deer Hunt and quota Muzzleloader Deer Hunt. * * * * * 9. We allow furbearer (as defined by State law) hunting in accordance with season dates posted in the refuge user brochure/permit. We only allow furbearer hunting with rimfire weapons and shotguns. 10. We allow the use of dogs and horses for hunting furbearers from legal sunset to legal sunrise. All dogs and horses used for furbearer hunting must be tethered or penned from legal sunrise to legal sunset and any time not involved in actual hunting. PO 00000 Frm 00017 Fmt 4701 Sfmt 4702 56375 11. We allow upland game hunting on specific scattered tracts of land, in accordance with State-wide regulations. C. Big Game Hunting. We allow the 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, A9, A10, A11, A12, A14, A16, A17, and A18 through 26 apply. 2. Archery deer and turkey seasons on the North Unit are from the beginning of the State archery season until the end of January except for refuge-wide season closure during quota muzzleloader and quota gun deer hunts. We provide annual season dates and bag limits in the refuge user brochure/permit. 3. Archery deer and turkey seasons on the South Unit are from the beginning of the State archery season until the end of December except for refuge-wide season closure during quota muzzleloader and quota gun deer hunts. We provide annual season dates and bag limits in the refuge user brochure/ permit. 4. Muzzleloader season for deer will begin in October and will continue for a period of up to 3 days of quota hunting and 4 days of nonquota hunting in the North and/or South Units with annual season dates and bag limits provided in the annual refuge user brochure/permit. 5. Gun deer hunt will begin in November and will continue for a period of up to 8 days of quota hunting and 4 days of nonquota hunting in the North and/or South Units with annual season dates, bag limits, and areas provided in the annual refuge user brochure/permit. 6. We restrict hunt participants for quota hunts to those drawn for a quota permit. The permits are nontransferable and nonrefundable. Hunt dates and application procedures will be available at the refuge office in April. 7. We do not open for the bear season on all refuge-owned lands, including out-tracts and refuge lands in the Trusten Holder Wildlife Management Area. 8. If you harvest deer or turkey on the refuge, you must immediately record the zone number (Zone 660 South Unit and Zone 661 North Unit) on your hunting license and later check deer and/or turkey through State phone or on-line checking system. 9. We close the refuge to all nonquota hunting during refuge-wide quota muzzleloader and quota gun deer hunts. 10. We close refuge lands on the North Unit to all deer and turkey hunting when the White River gauge at St. Charles (station no. 53) reaches 23 E:\FR\FM\15SEP2.SGM 15SEP2 srobinson on DSKHWCL6B1PROD with PROPOSALS2 56376 Federal Register / Vol. 75, No. 178 / Wednesday, September 15, 2010 / Proposed Rules feet (7 m) as reported by the following website: https://www.srh.noaa.gov/lzk/ html/whitervr.htm. The season will reopen when the gauge reading reaches 21 feet (6 m) as reported by the same website. 11. We close refuge lands on the South Unit to all deer hunting and fall turkey hunting when the White River gauge reading at St. Charles (station no. 53) reaches 23 feet (7 m) and the gauge at Lock and Dam # 1 (station no. 55) reaches 145 feet (msl) (43.5 m) simultaneously as reported by the following website: https:// www.srh.noaa.gov/lzk/html/ whitervr.htm. The season will reopen when the same gauge readings reach 21 feet (6 m) and 143 feet msl (mean sea level) (43 m), respectively. 12. We prohibit hunting with the aid of bait, salt, or ingestible attractant (see §32.2(h)). 13. We prohibit the use of dogs and/ or horses other than specified in the refuge user permit. 14. We prohibit all forms of organized deer drives. 15. We prohibit firearm hunting from or across roads, ATV trails, levees, and maintained utility rights-of-way for deer only. 16. We prohibit hunting from a tree into which a metal object has been driven (see §32.2(i)). 17. You may only use portable deer stands (see §27.93 of this chapter). You may erect stands up to 7 days before each hunt, but you must remove them within 7 days after each hunt. All unattended deer stands on the refuge must have the owner’s complete name and physical address clearly displayed. 18. We prohibit target practice or any nonhunting discharge of firearms (see §27.42 of this chapter). 19. We prohibit gun deer hunting on Kansas Lake Area and all other types of hunting after November 30. 20. We prohibit the possession and use of buckshot on the refuge. D. Sport Fishing. We allow fishing, frogging, and crawfishing for personal use on designated areas of the refuge in accordance with State regulations subject to the following conditions: 1. Conditions A1, A9, A10, A11, A16, and A21 through A26 apply. 2. We allow fishing year-round in LaGrue, Essex, Prairie, Scrubgrass and Brooks Bayous, Big Island Chute, Moon and Belknap Lakes next to Arkansas Highway 1, Indian Bay, the Arkansas Post Canal and adjacent drainage ditches; those borrow ditches located adjacent to the west bank of that portion of the White River Levee north of the Graham Burke pumping station; and all refuge-owned North Unit and scattered VerDate Mar<15>2010 19:17 Sep 14, 2010 Jkt 220001 tract waters. We open all other South Unit refuge waters to sport fishing from March 1 through November 30 unless posted otherwise. 3. We allow frogging on all refugeowned waters open for sport fishing as follows: We allow frogging on the South Unit from the beginning of the State season through November 30; we allow frogging on the North Unit for the entire State season. 4. We require a Special Use Permit (FWS Form 3-1383) for all commercial fishing on the refuge in addition to compliance with State regulations governing commercial fishing. 5. We prohibit all commercial and recreational harvest of turtle on all property administered by White River National Wildlife Refuge. 6. We allow commercial fishing on all refuge waters from 12 p.m. (noon) September 30 through 12 p.m. (noon) November 30. However, when the White River exceeds 23.5 feet (7 m) at the St. Charles, Arkansas gauge or 146 feet msl (mean sea level) (43.8 m) at the tailwater gauge at Lock and Dam #1 on the Arkansas Post Canal, we allow commercial fishing on all refuge waters from 12 p.m. (noon) March 1 through 12:00 p.m. (noon) September 30. 7. We prohibit take or possession of any freshwater mussel, and we do not open to mussel shelling. 8. Amend §32.24 California by revising paragraphs A.1., A.2., A.3., A.5. and the introductory text of paragraph D. of Modoc National Wildlife Refuge to read as follows: §32.24 * * California. * * * Modoc National Wildlife Refuge A. Migratory Game Bird Hunting.* * * 1. On the opening weekend of the hunting season, hunters must possess and carry a Waterfowl Lottery Application (FWS Form 3-2355) as their refuge permit. We will issue this permit through a random drawing to hunters with advanced reservations only. The Waterfowl Lottery Applications are available on the refuge website. 2. After the opening weekend of the hunting season, we allow hunting only on Tuesdays, Thursdays, and Saturdays. Hunters must check-in and out of the refuge by filling out the Migratory Bird Hunt Report (FWS Form 3-2361) and must possess and carry this report while on the refuge. Hunters must fill out the harvest information and turn in the form prior to exiting the hunting area. 3. In the designated spaced blind and assigned pond areas, you must remain within your assigned blind or pond. * * * * * PO 00000 Frm 00018 Fmt 4701 Sfmt 4702 5. While in the field, to take wildlife on the refuge, you may possess only nontoxic ammunition and shotshells in quantities of 25 or less. * * * * * D. Sport Fishing. We allow fishing (fish and crayfish) only on Dorris Reservoir in accordance with State regulations subject to the following conditions: * * * * * 7. Amend §32.28 Florida by: a. Revising paragraph D.20. and adding paragraph D.21. of J. N. ‘‘Ding’’ Darling National Wildlife Refuge; b. Revising paragraphs A.1., A.2., A.6., and A.7., adding paragraphs A.17. and A.18., revising paragraph B., C.1., C.3., C.5., C.6., C.8., C.11. through C.14., C.19., and C.21. through C.25., and revising paragraph D.4. of Lower Suwannee National Wildlife Refuge; c. Adding paragraphs A.15. through A.16., revising paragraphs D.7. and D.12., and adding paragraphs D.13. through D.16. of Merritt Island National Wildlife Refuge; d. Revising paragraph A., the introductory text of paragraph B., paragraphs B.2. and B.3., removing paragraph B.4., redesignating paragraphs B.5. through B.10. as paragraphs B.4. through B.9., adding new paragraph B.10., and revising paragraphs C., D.1., D.2., D.4., D.5., D.7., and D.12. of St. Marks National Wildlife Refuge; and e. Revising paragraphs C.1., C.2., and C.8., removing paragraph C.9., redesignating paragraphs C.10. through C.22. as paragraphs C.9. through C.21., and revising paragraph D. of St. Vincent National Wildlife Refuge. The revisions and additions read as follows: §32.28 * Florida. * * * * J. N. ‘‘Ding’’ Darling National Wildlife Refuge * * * * * D. Sport Fishing. * * * * * * * * 20. We close to public entry all refuge islands (including rookery islands) except for designated trails. 21. We prohibit the use of internal combustion engines within the Wulfert Flats Pole/Troll Zone. Combustion engines must be in a nonuse position (out of the water) while the vessel is within the Pole/Troll Zone. * * * * * E:\FR\FM\15SEP2.SGM 15SEP2 Federal Register / Vol. 75, No. 178 / Wednesday, September 15, 2010 / Proposed Rules Lower Suwannee National Wildlife Refuge A. Migratory Game Bird Hunting. * * * 1. We require hunters to possess and carry a signed copy of the refuge annual hunt brochure for all hunts. The signed brochure is a permit to hunt on the refuge. 2. We designate open and closed refuge hunting areas on the map in the refuge hunt brochure which the hunter must possess and carry. * * * * * 6. Persons possessing, transporting, or carrying firearms on national wildlife refuges must comply with all provisions of State and local law. Persons may only use (discharge) firearms in accordance with refuge regulations (see §27.42 of this chapter and specific refuge regulations in §32). 7. We prohibit hunting from or within 150 feet (45 m) of all refuge roads open to public vehicle travel. * * * * * 17. We prohibit the dumping of game carcasses on the refuge. 18. We prohibit consumption of alcohol or possession of open alcohol containers while hunting (see §32.2(j)). B. Upland Game Hunting. We allow hunting of feral hog, gray squirrel, armadillo, opossum, rabbit, raccoon, coyote, and beaver on designated areas of the refuge in accordance with State regulations subject to the following conditions: 1. Conditions A1 through A18 apply. 2. We will print dates for the refuge upland game (small game) hunting season in the annual refuge hunt brochure. Contact the refuge office for specific dates. 3. You may use only .17, .22, and .22 magnum caliber rimfire rifle firearms (see §27.42 of this chapter), bows, or shotguns with shot no larger than #4 birdshot when hunting. 4. We allow night hunting in accordance with State regulations for raccoon and opossum on Wednesday through Saturday nights from legal sunset until legal sunrise during the month of February. srobinson on DSKHWCL6B1PROD with PROPOSALS2 C. Big Game Hunting. * * * 1. Conditions A1 through A18 apply. * * * * * 3. We require quota hunt permits (issued through a random draw – name, address, phone number requested) for the limited deer gun hunt, limited hog hunt, and limited youth gun deer hunt. They cost $12.50 for the limited deer gun hunt and limited hog hunt. Instructions on how to apply are printed in the annual refuge hunt brochure. VerDate Mar<15>2010 19:17 Sep 14, 2010 Jkt 220001 ***** 5. During the refuge archery season, hunters may only use archery equipment in accordance with State archery regulations. 6. During the refuge muzzleloader season, hunters may only use muzzleloading firearms (see §27.42 of this chapter) in accordance with State muzzleloader regulations. * * * * * 8. You may leave temporary tree stands on the refuge starting on the last weekend of August, but you must remove them by the last day of the general gun hunting season (see §27.93 of this chapter). You may also leave temporary tree stands on the refuge beginning the Saturday prior to the limited hog hunt, but you must remove them by the last day of the upland game season. * * * * * 11. The refuge general gun season lasts 14 days during the Florida State Zone C General Gun Season. We will print dates in the annual refuge hunt brochure. Contact the refuge office for specific dates. 12. The refuge limited either-sex deer hunt coincides with the State’s eithersex deer hunting season. We will print dates in the annual refuge hunt brochure. Contact the refuge office for specific dates. 13. The youth limited Gun Deer Hunt follows the refuge general gun season. We will print dates in the annual refuge hunt brochure. Contact the refuge office for specific dates. 14. The refuge limited hog hunt lasts 7 days. We will print dates in the annual refuge hunt brochure. Contact the refuge office for specific dates. * * * * * 19. Hunters may take hog (no size or bag limit), and a maximum of two deer per day, during the limited deer gun hunt and limited youth gun deer hunt, except only one deer may be antlerless for each of the 2–day limited hunts. * * * * * 21. Hunters must check all game harvested during all deer and hog hunts. 22. Hunters may take only bearded turkeys and only during the State Zone C youth turkey hunt and spring turkey season. 23. Shooting hours for spring turkey begin c hour before legal sunrise and end at 1 p.m. 24. We only allow shotguns with shot no larger than size 2 common shot or bows and arrows for spring turkey hunting. 25. We prohibit the use of crossbows during all refuge hunts except with a State-issued disabled persons crossbow permit. PO 00000 Frm 00019 Fmt 4701 Sfmt 4702 56377 D. Sport Fishing.* * * * * * * * 4. We prohibit consumption of alcohol or possession of open alcohol containers. Merritt Island National Wildlife Refuge A. Migratory Game Bird Hunting. * * * * * * * * 15. We prohibit boats in impoundments from November 1 through February 28 except in impoundments open to waterfowl hunting on days the refuge is open to hunting. We allow pre-hunt scouting in the impoundments open to waterfowl hunting after 1 p.m. on hunt days. We allow nonmotorized vessels access to the posted canoe trails in M Pond, Peacocks Pocket, and West Bio Lab on days not open to waterfowl hunting. 16. We require all guides to purchase, possess, and carry a Commercial Harvesting Permit (NPS Form 10-930). * * * * * D. Sport Fishing. * * * * * * * * 7. We prohibit harvesting and possession of horseshoe crab, frog, turtle, snake, and/or other wildlife (see §27.21 of this chapter). * * * * * 12. We allow vessels drafting 12’’ (30 cm) or less (measured while vessel is fully stopped) to be propelled only by poling, paddling, drifting, or electric trolling motors in the established Pole & Troll Zone(s), except in the posted running channels. 13. We prohibit kite surfing, kite boarding, wind surfing, sail boarding, and other similar nonwildlife oriented recreational activities. 14. We require all guides to purchase, possess, and carry a Commercial Harvesting Permit (NPS Form 10-930). 15. We will remove abandoned or unchecked crab pots after 72 hours (see §27.93 of this chapter). 16. We prohibit glass beverage containers. * * * * * St. Marks National Wildlife Refuge A. Migratory Game Bird Hunting. We allow hunting of duck and coot on designated areas of the refuge in accordance with State regulations subject to the following conditions: 1. You must remove blinds daily (see §27.93 of this chapter). 2. We allow retriever dogs to recover game. 3. We prohibit migratory game bird hunting in the Executive Closure Area on the refuge. E:\FR\FM\15SEP2.SGM 15SEP2 srobinson on DSKHWCL6B1PROD with PROPOSALS2 56378 Federal Register / Vol. 75, No. 178 / Wednesday, September 15, 2010 / Proposed Rules B. Upland Game Hunting. We allow hunting of grey squirrel, rabbit, raccoon, and feral hog on designated areas of the refuge in accordance with State regulations subject to the following conditions: * * * * * 2. All visitors must wear 500 square inches (3,250 cm2) of fluorescent orange above the waistline while in a designated hunting unit during a refuge hunt. 3. You may use .22 caliber or smaller rim-fire rifles, shotguns, with nontoxic shot (#4 bird shot or smaller) (see §32.2(k)), or muzzleloaders to harvest squirrel, rabbit, and raccoon. In addition, you may use shotgun slugs, buckshot, or archery equipment to take feral hog. We prohibit the use of other weapons. * * * * * 10. We prohibit the use of flagging, paint, blazes, or reflective trail markers (see §27.93 of this chapter). C. Big Game Hunting. We allow hunting of white-tailed deer, feral hog, and turkey in accordance with State regulations subject to the following conditions: 1. We require refuge permits (hunters apply through State for license – fee charged). Permits are nontransferrable. There is an additional fee for duplicate permits. Each hunter must possess and carry a signed permit when participating in a hunt. Prior to hunting each day, you must check-in at a hunt check station as specified in the refuge hunt brochure. You must check out upon completion if hunting each day. 2. Conditions B2 and B4 through B10 apply. 3. You may access the refuge hunt areas by vehicle for pre-hunt scouting 2 days prior to the hunt for which you are drawn (lottery administered by the State). 4. There is a two-deer limit per hunt as specified in condition C8 below, except in the youth hunt, where the limit is one deer per hunt as specified in condition C9 below. The limit for turkey is one per hunt. There is no limit on feral hog. 5. We prohibit the use of deer decoys. 6. There are two fall archery hunts: Hunters may harvest either-sex deer, feral hog, and either- sex turkey during the fall archery hunts. There will be a fall archery hunt on the Panacea and Wakulla Units. 7. There are two modern gun hunts. Hunters may harvest deer, feral hog, and bearded turkey. Modern guns must meet State requirements. We will hold one hunt on the Panacea Unit and one hunt on the Wakulla Unit. See condition C8 VerDate Mar<15>2010 19:17 Sep 14, 2010 Jkt 220001 for game limits. Contact the refuge office for specific dates. 8. The bag limit for white-tailed deer is two deer per scheduled hunt period. We allow hunters to harvest two antlerless deer per scheduled hunt period. We define antlerless deer per State regulations, i.e., antlers less than 5 inches (12.5 cm), or hunters may harvest one antlerless deer and one antlered deer per hunt. Hunters must ensure that antlered deer have at least three points, 1 inch (2.5 cm) or greater in length on one antler before harvesting them. There is no limit on feral hogs. 9. There is one youth hunt for youth ages 10 to 15 on the St. Marks Unit in an area we will specify in the refuge hunt brochure. Hunters may harvest one deer of either sex or feral hog (no limit). An adult age 21 or older possessing a refuge permit must accompany each youth hunter, and each adult may accompany only one youth. Only the youth hunter may handle or discharge firearms. Contact the refuge office for specific dates. 10. There is one mobility-impaired hunt. Hunters may have an assistant accompany them. You may transfer permits issued to assistants. We limit those hunt teams to harvesting whitetailed deer and feral hog within the limits described in condition C8. Contact the refuge office for specific dates. 11. There is one spring gobbler turkey hunt. You may harvest one bearded turkey per hunt. You may only use shotguns or archery equipment to harvest turkey. Contact the refuge office for specific dates. We prohibit hunting after 1 p.m. D. Sport Fishing. * * * 1. We prohibit taking blue crabs from impounded water on the St. Marks Unit. 2. We only allow fishing in refuge lakes, ponds, and impoundments from c hour before legal sunrise to c hour after legal sunset. * * * * * 4. We prohibit use of boats with motors over 10 hp on any refuge lake or pond. 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. We prohibit all gasoline-powered motors in the impoundments in the St. Marks Unit. * * * * * 7. We prohibit use of cast nets or traps to take fish from any lake, pond, or impoundment on the refuge. * * * * * PO 00000 Frm 00020 Fmt 4701 Sfmt 4702 12. We prohibit air-thrust boats, personal watercraft, and commercial guides to launch from Wakulla Beach. * * * * * St. Vincent National Wildlife Refuge * * * * * C. Big Game Hunting. * * * 1. We require refuge permits (State license – fee charged). The permits are nontransferable, and the hunter must possess and carry them while hunting. Only signed permits are valid. We only allow people with a signed refuge hunt permit on the island during the hunt periods. Contact the refuge office for details on receiving a permit. We will charge fees for duplicate permits. 2. We restrict hunting to three periods: Sambar deer, raccoon, and feral hog (primitive weapons); white-tailed deer, raccoon, feral hog (archery); and white-tailed deer, raccoon, and feral hog (primitive weapons). Contact the refuge office for specific dates. Hunters may check-in and set up camp sites and stands on the day prior to the scheduled hunt. Hunters must leave the island and remove all equipment by the date and time specified in the brochure. * * * * * 8. You may retrieve game from the closed areas only if accompanied by a refuge staff member. * * * * * D. Sport Fishing. We allow fishing on designated areas of the refuge in accordance with State regulations subject to the following conditions: 1. You may fish from c hour before legal sunrise to c hour after legal sunset year-round. 2. We allow boats with electric motors. You must remove all other motors from the boats and secure them to a designated motor rack with a lock and chain. 3. We prohibit the use of live minnows as bait. 4. We allow boats in refuge lakes from May 15 through September 30. 5. We allow the use of only rods and reels or poles and lines in the refuge lakes. Anglers must attend their fishing equipment at all times. 6. You may take only fish species and fish limits authorized by State regulations. We prohibit taking of frog and/or turtle. * * * * * 8. Amend §32.29 Georgia by: a. Revising paragraphs C.1. and C.9., adding paragraph C.19., and revising paragraphs D.1. and D.5. of Blackbeard Island National Wildlife Refuge; b. Revising paragraphs C.1., C.2., C.8., C.12., C.13., D.1., and D.2., and adding E:\FR\FM\15SEP2.SGM 15SEP2 Federal Register / Vol. 75, No. 178 / Wednesday, September 15, 2010 / Proposed Rules paragraph D.4. of Harris Neck National Wildlife Refuge; c. Revising the introductory text of paragraph A., revising paragraphs A.1., A.3., B.1., and B.3., removing paragraph B.6., redesignating paragraphs B.7. and B.8. as paragraphs B.6. and B.7., and revising paragraphs C.1., C.5., C.6., C.9., C.10., C.11., and D.4. of Savannah National Wildlife Refuge; and d. Revising paragraphs C.1., C.7., C.9., C.15., C.16., D.1., and D.2. of Wassaw National Wildlife Refuge. The revisions and additions read as follows: §32.29 * * Georgia. * * D. Sport Fishing. * * * * Blackbeard Island National Wildlife Refuge * * * * * C. Big Game Hunting. * * * 1. Hunters must possess and carry a signed refuge hunting regulations brochure on their persons at all times. You may obtain information about the quota hunt drawings at the Savannah Coastal Refuges Complex headquarters. * * * * * 9. We only allow bows. We prohibit crossbows (see §27.43 of this chapter). * * * * * 19. We prohibit mooring boats to the government dock except for loading and unloading purposes. D. Sport Fishing. * * * 1. We allow freshwater fishing yearround from legal sunrise to legal sunset except during managed deer hunts. * * * * * 5. We allow bank/beach saltwater fishing into estuarine waters only from legal sunrise to legal sunset except during managed hunts. * * * * * Harris Neck National Wildlife Refuge srobinson on DSKHWCL6B1PROD with PROPOSALS2 * * * * * C. Big Game Hunting. * * * 1. To participate in the refuge bow hunt, hunters must possess and carry a signed refuge hunting regulations brochure on their person at all times. To participate in the refuge gun hunt, hunters must submit the Quota Deer Hunt Application Form (FWS Form 32354). If drawn, hunters must submit a permit fee in order to receive the hunt permit. You may obtain information on hunt regulations brochures, quota hunt applications, and quota hunt drawings at the refuge office. 2. Each hunter may place one stand on the refuge during the week preceding each hunt, but you must remove stands VerDate Mar<15>2010 19:17 Sep 14, 2010 by the end of each hunt (see §27.93 of this chapter). * * * * * 8. During the hunts we will restrict vehicles to the auto tour route (see §27.31 of this chapter) and allow twoway traffic. * * * * * 12. During the gun hunt, we allow only shotguns (20 gauge or larger; slugs only) and bows. We prohibit crossbows (see §27.43 of this chapter) for hunting. 13. We prohibit target practice (see §27.42 of this chapter). * * * * * Jkt 220001 1. We allow saltwater fishing yearround in the estuarine waters adjacent to the refuge. 2. We allow bank fishing into estuarine waters only from legal sunrise to legal sunset except during managed hunts. * * * * * 4. We prohibit freshwater fishing. * * * * * Savannah National Wildlife Refuge A. Migratory Game Bird Hunting. We allow hunting of duck and coot on designated areas of the refuge north of Georgia Highway 25/South Carolina Highway 170 in accordance with State regulations subject to the following conditions: 1. You must possess and carry a signed refuge hunt regulations brochure at all times while hunting on the refuge. To participate in the youth waterfowl hunt, hunters must submit the Waterfowl Lottery Application (FWS Form 3-2355). If drawn, youth hunters must submit a permit fee in order to receive the hunt permit. You may obtain information on regulations brochures, quota hunt applications, and quota hunt drawings at the refuge headquarters. * * * * * 3. We prohibit hunting within 100 yards (90 m) of GA Highway 25/SC Highway 170, and in or on Middle and Steamboat Rivers and Houstown Cut, and closer than 50 yards (45 m) from the shoreline of these waterways. * * * * * B. Upland Game Hunting. * * * 1. You must possess and carry a signed refuge hunt regulations brochure at all times while hunting on the refuge. Refuge hunt regulations brochures and other information are available at the refuge headquarters. * * * * * 3. We prohibit hunting within 100 yards (90 m) of U.S. Highway 17, GA PO 00000 Frm 00021 Fmt 4701 Sfmt 4702 56379 Highway 25/SC Highway 170, refuge facilities, railroad rights of way, and within areas marked as closed. * * * * * C. Big Game Hunting. * * * 1. You must possess and carry a signed refuge hunt regulations brochure at all times while hunting on the refuge. To participate in the gun hunt for wheelchair-dependent hunters, hunters must submit the Quota Deer Hunt Application (FWS Form 3-2354). If drawn, hunters must submit a permit fee in order to receive the hunt permit. You may obtain information on hunt regulations brochures, quota hunt applications, and quota hunt drawings at the refuge headquarters. * * * * * 5. We only allow shotguns (20 gauge or larger; slugs only), muzzleleaders, and bows for deer and hog hunting throughout the designated hunt area during the November gun hunt and the March hog hunt. 6. You must remove hunt stands daily (see §27.93 of this chapter). * * * * * 9. Conditions B3, B7, A4, and A5 apply. 10. We allow turkey hunting during a special 16–day turkey hunt in April. Turkey hunters may only harvest three gobblers. 11. We allow shotguns with only #2 shot or smaller and bows for turkey hunting in accordance with State regulations. We prohibit crossbows (see §27.43 of this chapter) and the use of slugs or buckshot during turkey hunts. D. Sport Fishing. * * * * * * * * 4. Anglers may bank fish year-round in the canals adjacent to the Laurel Hill Wildlife Drive. * * * * * Wassaw National Wildlife Refuge * * * * * C. Big Game Hunting. * * * 1. Hunters must carry a signed refuge hunting regulations brochure on their persons at all times. You may obtain hunt information and permits at the Savannah Coastal Refuges Complex headquarters. * * * * * 7. We prohibit target practice (see §27.42 of this chapter). * * * * * 9. For hunting, we only allow shotguns (20 gauge or larger; slugs only), centerfire rifles of .22 caliber or larger, bows, and primitive weapons during the E:\FR\FM\15SEP2.SGM 15SEP2 56380 Federal Register / Vol. 75, No. 178 / Wednesday, September 15, 2010 / Proposed Rules gun hunt. We prohibit crossbows (see §27.43 of this chapter). * * * * * 15. Hunters may check-in at the refuge dock no more than 1 day in advance of the opening day of the hunt. 16. Hunters must be off the island by 12 p.m. (noon) the day following the last day of the hunt. * * * * * D. Sport Fishing. * * * 1. We allow saltwater fishing yearround in the estuarine waters adjacent to the refuge. 2. We allow bank/beach fishing into estuarine waters only from legal sunrise to legal sunset except during managed hunts. * * * * * 9. Amend §32.32 Illinois by removing paragraph A.6., redesignating paragraphs A.7. and A.8. as paragraphs A.6. and A.7., revising newly redesignated paragraphs A.7.iv. and A.7.v., removing newly redesignated paragraph 7.xi., and by redesignating newly designated paragraph A.7.xii. as A.7.xi. of Cypress Creek National Wildlife Refuge to read as follows: §32.32 * * Illinois. * * * Cypress Creek National Wildlife Refuge A. Migratory Game Bird Hunting. * * * * * * * * 7. * * * * * * * * iv. We allow hunting from c hour before legal sunrise until 3 p.m. v. Hunters must exit the reserve by 4 p.m. * * * * * 10. Amend §32.33 Indiana by revising paragraphs B.1. and B.3., adding paragraph B.5., revising paragraphs C.2., C.3., C.4., and C.7., adding paragraph C.8., and revising paragraph D.1. of Muscatatuck National Wildlife Refuge. The revisions and additions read as follows: §32.33 * * Indiana. * * srobinson on DSKHWCL6B1PROD with PROPOSALS2 * * * * B. Upland Game Hunting. * * * 1. We prohibit hunting and the discharge of a weapon within 100 yards (90 m) of any dwelling, private property line, or any other building that may be occupied by people, pets, or livestock. * * * * * VerDate Mar<15>2010 19:17 Sep 14, 2010 C. Big Game Hunting. * * * * * * * * 2. You must possess and carry a Stateissued refuge hunting permit to hunt deer during the State early archery and muzzleloader deer seasons. 3. We prohibit deer hunting during the State firearms season except in compliance with condition C2. 4. Our late archery season deer hunt is open from the end of the State muzzleloader season to the conclusion of the State late archery season. * * * * * 7. We require successful deer and turkey hunters to report their harvest on the Big Game Harvest Report (FWS Form 3-2359) at a box at the entrance gate before leaving the refuge. 8. We allow only spring turkey hunting on the refuge, and hunters must possess a State-issued refuge hunting permit. D. Sport Fishing. * * * 1. We allow the use of boats (hand- or foot-propelled only) on Stanfield Lake. We prohibit the use of electric or gasoline motors. * * * * * 11. Amend §32.35 Kansas by: a. Removing paragraph C.2. and redesignating paragraphs C.3. through C.6. as paragraphs C.2. through C.5. of Flint Hills National Wildlife Refuge. b. Revising paragraph A.8., removing paragraph C.3., redesignating paragraphs C.4. through C.10. as C.3. through C.9., and revising paragraph D.2. of Kirwin National Wildlife Refuge; and c. Revising the introductory text of paragraph A. and removing paragraphs C.4. and C.5. of Marais des Cygnes National Wildlife Refuge. The revisions read as follows: §32.35 * * Kansas. * * * Kirwin National Wildlife Refuge * Muscatatuck National Wildlife Refuge * 3. We allow only shotguns for upland game hunting. * * * * * 5. We require hunters to read the current refuge hunting brochure, sign it, and then carry it while hunting. Jkt 220001 A. Migratory Game Bird Hunting. * * * * * * * * 8. We allow motorized vehicles only on designated roads, parking lots, and boat ramps (see §27.31 of this chapter). * * * * * D. Sport Fishing. * * * * * * * * 2. We allow motorized vehicles only on designated roads, parking lots, and PO 00000 Frm 00022 Fmt 4701 Sfmt 4702 boat ramps (see §27.31 of this chapter). We prohibit motorized vehicles on the ice. * * * * * Marais des Cygnes National Wildlife Refuge A. Migratory Game Bird Hunting. We allow hunting of goose, duck, coot, rail, snipe, woodcock, and mourning dove on designated areas of the refuge in accordance with State regulations subject to the following conditions: * * * * * 12. Amend §32.36 Kentucky by revising the introductory text of paragraph A., revising paragraphs A.1., and A.9. through A.17., adding paragraphs A.18. through A.20., revising the introductory text of paragraph B., revising paragraphs B.1., B.2., and C.1., adding paragraph C.5., revising the introductory text of paragraph D., and adding paragraph D.2.viii. of Clarks River National Wildlife Refuge. The revisions and additions read as follows: §32.36 * Kentucky. * * * * Clarks River National Wildlife Refuge A. Migratory Game Bird Hunting. We allow hunting of mourning dove, woodcock, common snipe, Canada and snow goose, coot, crow, and waterfowl listed in 50 CFR 10.13 under DUCKS on designated areas of the refuge in accordance with State regulations subject to the following conditions: 1. Except for raccoon, opossum, and bullfrog hunting, access to the refuge is from 2 hours before legal sunrise to 2 hours after legal sunset. * * * * * 9. We prohibit discharge of firearms or carrying loaded firearms used for hunting on or within 200 feet (90 m) of any home, the abandoned railroad tracks, graveled roads, and hiking trails. 10. We prohibit possession or use of alcoholic beverages. 11. We prohibit the use of any electronic call or other electronic device used for producing or projecting vocal sounds of any wildlife species. 12. We allow use of trail cameras. Cameras may be used year-round. Cameras must have owner’s name, address, and phone number clearly displayed. 13. An adult age 21 or older must supervise all youth hunters age 15 and younger. Youth hunters must remain in sight and normal voice contact with the adult. On small game hunts, the adult may supervise no more than two youths; on big game hunts, the adult may supervise no more than one youth. E:\FR\FM\15SEP2.SGM 15SEP2 srobinson on DSKHWCL6B1PROD with PROPOSALS2 Federal Register / Vol. 75, No. 178 / Wednesday, September 15, 2010 / Proposed Rules 14. All persons born after January 1, 1975, must possess a valid hunter education card while hunting. 15. We prohibit the use of centerfire weapons when hunting crow. 16. We allow dogs for waterfowl, small game, and fall turkey hunting. Hunters must control all dogs by leash or chain if they are not legally using them for hunting. Dog owners/handlers must have a collar on each dog with the owner’s name, address, and telephone number. 17. Waterfowl hunters must cease hunting and pick up decoys and equipment (see §§27.93 and 27.94 of this chapter), unload firearms used for hunting (see §27.42(b) of this chapter), by 12 p.m. (noon) daily during the State waterfowl season. 18. Waterfowl hunters must remove decoys, blinds, boats, and all other equipment (see §27.93 of this chapter) and be out of the field daily by 2 p.m. 19. We close to all entry as posted the Sharpe-Elva Water Management Units from November 1 through March 31 with the exception of drawn permit holders (name/address/phone) and their guests. 20. We only allow waterfowl hunting on the Sharpe-Elva Water Management Units on specified days during the State waterfowl season. We only allow hunting by individuals in possession of a refuge draw permit and their guests. State regulations and the following conditions apply: i. Application procedures and eligibility requirements are available from the refuge office. ii. We allow permit holders and up to three guests to hunt their assigned zone and/or provided blind on the designated date. We prohibit guests on the SharpeElva Water Management Units without the attendance of the permit holder. iii. We prohibit selling, trading, or bartering of permits. This permit is nontransferable. iv. You may place decoys out the first morning of the drawn hunt, and you must remove them at the close of the drawn hunt (see §27.93 of this chapter). v. We prohibit watercraft on the Sharpe-Elva Water Management Units, except for drawn permit holders to access their blinds and retrieve downed birds as needed. B. Upland Game Hunting. We allow hunting of squirrel, rabbit, quail, raccoon, opossum, and coyote on designated areas of the refuge in accordance with State regulations subject to the following conditions: 1. Conditions A1 through A16 apply. 2. We close squirrel, rabbit, crow, woodcock, snipe, dove, and quail VerDate Mar<15>2010 19:17 Sep 14, 2010 Jkt 220001 seasons during muzzleloader and modern gun deer hunts. * * * * * C. Big Game Hunting. * * * 1. Conditions A1 through A16 and B3 apply. * * * * * 5. Ground blinds used for the purpose of hunting any species during the deer modern gun, muzzleloader, and youth firearms seasons must display solid, unbroken, hunter orange visible from all sides. D. Sport Fishing. We allow fishing on designated areas of the refuge in accordance with State law subject to the following conditions: * * * * * 2. * * * * * * * * viii. We prohibit the hunting or harvesting of frog. * * * * * 13. Amend §32.37 Louisiana by: a. Revising paragraphs A.1., A.4., A.10., removing paragraph A.11., redesignating paragraphs A.12. through A.15. as paragraphs A.11. through A.14., revising newly redesignated paragraphs A.12. and A.14., adding new paragraphs A.15. and A.16., revising paragraphs B.1. and B.2., removing paragraph B.5., redesignating paragraph B.6. as paragraph B.5. and revising newly redesignated paragraph B.5., revising paragraphs C.1., C.2., and C.7., removing paragraph C.8., redesignating paragraphs C.9. through C.12. as paragraphs C.8. through C.11., revising newly redesignated paragraph C.11., adding new paragraph C.12., revising paragraph D.3., and adding paragraph D.7. of Bayou Cocodrie National Wildlife Refuge; b. Revising paragraph D.6. and adding paragraphs D.9. and D.10. of Bayou Sauvage National Wildlife Refuge; c. Revising the introductory text of paragraph A., revising paragraphs A.3., and A.8. through A.10., adding paragraphs A.13. through A.17., revising paragraphs B.3., B.4., B.6., and C.3. through C.9., adding paragraphs C.10. and C.11., and revising paragraphs D.4. and D.5. of Bayou Teche National Wildlife Refuge; d. Revising paragraphs A.3., A.6., and A.7., adding paragraph A.8., revising paragraphs A.9., A.10., A.11., and A.12., adding paragraphs A.15. through A.17., revising paragraphs B.2., B.4., C.1., C.4., C.5., C.7., and C.8., adding paragraphs C.9. and C.10., and revising paragraphs D.6. and D.7. of Big Branch Marsh National Wildlife Refuge; e. Revising paragraph A., revising the introductory text of paragraph B., PO 00000 Frm 00023 Fmt 4701 Sfmt 4702 56381 revising paragraphs B.1., B.2., and B.4., revising the introductory text of paragraph C., and revising paragraph C.1., removing paragraph C.5., redesignating paragraph C.6. as paragraph C.5., and revising paragraph D.8. of Black Bayou Lake National Wildlife Refuge; f. Revising paragraphs A.1., A.3., A.5. through A.7., A.10., and A.11., adding paragraphs A.12. through A.15., revising paragraphs B., C.1. through C.3., C.5., C.7., C.8., C.10., and D.2. through D.4., and adding paragraph D.7. of Bogue Chitto National Wildlife Refuge; g. Revising paragraph D. of Breton National Wildlife Refuge; h. Revising Cameron Prairie National Wildlife Refuge; i. Revising Cat Island National Wildlife Refuge; j. Revising Catahoula National Wildlife Refuge; k. Revising paragraphs A., B.1., B.3., the introductory text of paragraph C., C.1., and C.6. through C.10., and removing paragraph C.11. of D’Arbonne National Wildlife Refuge; l. Revising paragraphs A., B.4., C.1. through C.3., and C.5., adding paragraphs C.7. through C.9., and revising paragraph D.4. of Delta National Wildlife Refuge; m. Revising Grand Cote National Wildlife Refuge; n. Revising paragraphs A., C., D.1., D.10. through D.12., and adding paragraphs D.13. and D.14. of Lacassine National Wildlife Refuge; o. Revising Lake Ophelia National Wildlife Refuge; p. Revising Red River National Wildlife Refuge; q. Revising Sabine National Wildlife Refuge; r. Revising Tensas River National Wildlife Refuge; and s. Revising the introductory text of paragraph A., revising paragraphs A.1. through A.4., and A.11., revising the introductory text of paragraph B., revising paragraphs B.2., B.3., C.1., and C.3., removing paragraph C.5., redesignating paragraphs C.6. through C.12. as paragraphs C.5. through C.11., revising the introductory text of paragraph D., revising paragraph D.4., and adding paragraphs D.7. and D.8. of Upper Ouachita National Wildlife Refuge. The revisions and additions read as follows: §32.37 * E:\FR\FM\15SEP2.SGM Louisiana. * * 15SEP2 * * 56382 Federal Register / Vol. 75, No. 178 / Wednesday, September 15, 2010 / Proposed Rules Bayou Cocodrie National Wildlife Refuge srobinson on DSKHWCL6B1PROD with PROPOSALS2 A. Migratory Game Bird Hunting. * * * 1. We require a $15 Annual Public Use Permit (signature required) for all hunters and anglers age 17 and older. The user must sign and carry the permit. * * * * * 4. Hunters must remove harvested waterfowl, temporary blinds, and decoys (see §27.93 of this chapter) used for duck hunting by 1 p.m. daily. * * * * * 10. Refuge users must check all game taken before leaving the refuge at one of the self-clearing check stations indicated on the map in the Refuge Public Use Brochure. * * * * * 12. We allow all-terrain vehicles (ATVs) and utility vehicles as per State Wildlife Management Area (WMA) regulations and size specifications on designated trails (see §27.31 of this chapter) from September 1 through the hunting season. An ATV is an off-road vehicle with factory specifications not to exceed the following: weight 750 pounds (337.5 kg), length 85 inches (212.5 cm), and width 48 inches (120 cm). We restrict ATV tires to those no larger than 25 x12 with a maximum 1 inch (2.5 cm) lug height and a maximum allowable tire pressure of 7 psi as indicated on the tire by the manufacturer. * * * * * 14. You may possess only approved nontoxic shot while hunting on the refuge (see §32.2(k)). This requirement only applies to the use of shotgun ammunition. 15. Each refuge user must obtain a daily use reporting card (one per person) and place it on the dashboard of their vehicle or in their boat where their personal information is readable and in plain view. Users must complete all the information requested and return the cards to the refuge kiosk/check stations upon departure from the refuge. 16. Refuge users may enter the refuge no earlier than 4 a.m. and must exit the refuge by 2 hours after legal sunset except that raccoon and opossum hunters during the month of February may use the refuge at night. B. Upland Game Hunting. * * * 1. We allow squirrel and rabbit hunting within the State season. We will list specific refuge season dates annually in the Refuge Public Use Brochure. 2. Conditions A1, A3, and A7 through A16 apply. * * * * * VerDate Mar<15>2010 19:17 Sep 14, 2010 Jkt 220001 5. Youth hunters under age 17 must have completed a hunter education course and possess and carry evidence of completion. An adult age 21 or older must closely supervise youth hunters (within sight and normal voice contact). One adult may supervise no more than one youth hunter while hunting upland game. C. Big Game Hunting. * * * 1. Conditions A1, A3, and A7 through A16 apply. 2. The bag limit is one deer (of either sex) per day. The State season limit and tagging regulations apply. * * * * * 7. We allow deer hunting within the State season. We will list specific refuge season dates annually in the Refuge Public Use Brochure. * * * * * 11. Youth hunters under age 17 must have completed a hunter education course and possess and carry evidence of completion. An adult age 21 or older must closely supervise youth hunters (within sight and normal voice contact). One adult may supervise no more than one youth hunter while hunting big game. 12. There is a $5 application fee per person for each lottery hunt application. D. Sport Fishing. * * * * * * * * 3. We prohibit commercial fishing. * * * * * 7. We prohibit wire traps, slat traps, wire nets, hoop nets, trotlines, yo-yos, and jug lines on the refuge. Bayou Sauvage National Wildlife Refuge * * * * * D. Sport Fishing. * * * * * * * * 6. We prohibit air-thrust boats, aircraft, mud boats, and air-cooled propulsion engines on the refuge. * * * * * 9. We prohibit motorized vehicles on all levees. 10. Persons possessing, transporting, or carrying firearms on national wildlife refuges must comply with all provisions of State and local law. Persons may only use (discharge) firearms in accordance with refuge regulations (§27.42 of this chapter and refuge-specific regulations in part 32). Bayou Teche National Wildlife Refuge A. Migratory Game Bird Hunting. We allow hunting of duck, goose, and coot on designated areas of the refuge in PO 00000 Frm 00024 Fmt 4701 Sfmt 4702 accordance with State regulations subject to the following conditions: * * * * * 3. An adult at least age 21 must supervise youth hunters under age 16 during all hunts. One adult may supervise two youths during small game and migratory game bird hunts but may supervise only one youth during big game hunts. Youth must remain within normal voice contact of the adult who is supervising them. Parents or adult guardians are responsible for ensuring that hunters under age 16 do not engage in conduct that would constitute a violation of refuge regulations. * * * * * 8. We prohibit possession or distribution of bait while in the field and hunting with the aid of bait, including any grain, salt, minerals, or any nonnaturally occurring food attractant on the refuge (see §32.2(h)). 9. We allow hunting until 12 p.m. (noon). Hunters may only enter the refuge after 4 a.m. 10. We allow waterfowl hunting in Centerville, Garden City, Bayou Sale, North Bend East, and North Bend West Units during the State waterfowl season. We open no other units to migratory waterfowl hunting. * * * * * 13. We prohibit horses and ATVs. 14. We prohibit the use of any type of material used as flagging or trail markers except bright eyes. 15. We prohibit target shooting on the refuge. 16. We prohibit any person or group to act as a hunting guide, outfitter, or in any other capacity that any other individual(s) pays or promises to pay directly or indirectly for services rendered to any other person or persons hunting on the refuge, regardless of whether such payment is for guiding, outfitting, lodging, or club membership. 17. Persons possessing, transporting, or carrying firearms on national wildlife refuges must comply with all provisions of State and local law. Persons may only use (discharge) firearms in accordance with refuge regulations (§27.42 and specific refuge regulations in part 32). B. Upland Game Hunting. * * * * * * * * 3. We allow hunters to enter the refuge after 4 a.m., but they must leave the refuge 1 hour after legal sunset. 4. We allow hunting 7 days per week beginning with the opening of the State season through the last day of the State waterfowl season in the West Zone in the following refuge units: Centerville, Garden City, Bayou Sale, North Bend— East, and North Bend—West Units. We E:\FR\FM\15SEP2.SGM 15SEP2 Federal Register / Vol. 75, No. 178 / Wednesday, September 15, 2010 / Proposed Rules open no other units to the hunting of upland game. * * * * * 6. Conditions A1 through A3, A5 through A8, and A12 through A17 apply, except we allow the use of .17 and .22 caliber rimfire or smaller while hunting small game. Big Branch Marsh National Wildlife Refuge caliber rimfire rifles, and A12 through A17 apply. A. Migratory Game Bird Hunting. * * * C. Big Game Hunting. * * * 1. We are open only during the State season for archery hunting of deer. * * * * * 4. You may take deer of either sex in accordance with State-approved archery equipment and regulations. The State season limits apply. Longbow, compound bow, and crossbow or any bow drawn, held, or released by mechanical means will be a legal means of take during the deer archery season. 5. Hunters may erect temporary deer stands 1 day prior to the start of deer archery season. Hunters must remove all deer stands within 1 day after the archery deer season closes. Hunters may place only one deer stand on a refuge. Deer stands must have the owner’s name, address and phone number clearly printed on the stand. Hunters must place stands in a nonhunting position when not in use (see §§27.93 and 27.94 of this chapter). * * * * * 7. We prohibit possession or distribution of bait while in the field and hunting with the aid of bait, including any grain, salt, minerals, or any nonnaturally occurring food attractant on the refuge. (see §32.2(h)). 8. Conditions A5 through A10 and A12 through A17 apply. 9. We prohibit the use of trail cameras. 10. We prohibit the use of deer decoys. * * * * 3. We allow hunting in the Centerville, Garden City, Bayou Sale, North Bend—East, and North Bend— West. We do not open the Bayou Sale Unit for any big game firearm hunts. 4. We allow each hunter to possess only one deer per day, the deer may be a buck or a doe. State season limits apply. 5. You may take no other native or feral wildlife other than white-tailed deer while engaged in big game hunting (see §27.21 of this chapter). 6. Hunters may use only portable deer stands. Hunters may erect deer stands one day before the deer archery season and must remove them from the refuge within 1 day after the season closes. Hunters may place only one deer stand on a refuge. Deer stands must have owner’s name, address, and phone number clearly printed on the stand. Hunters must place stands in a nonhunting position when not in use (see §§27.93 and 27.94 of this chapter). 7. All hunters (including archery hunters) except waterfowl hunters must wear and display 400 square inches (2,600 cm2) of unbroken hunter orange as the outermost layer of clothing on the chest and back and a hunter-orange cap during deer gun seasons. Deer hunters hunting from concealed ground blinds must display a minimum of 400 square inches of hunter orange above or around their blinds which is visible from 360 degrees. 8. Conditions A1 through A3, A5 through A8, A13 through A17, B3, and B5 apply. 9. We prohibit the use of trail cameras. 10. We prohibit the use of deer decoys. 11. We prohibit dogs and driving deer. * * * * 3. We allow only temporary blinds, and hunters must remove the blinds and decoys by 1 p.m. (see §27.93 of this chapter). * * * * * 6. We prohibit air-thrust boats, aircraft, motorized pirogues, mud boats, and air-cooled propulsion engines on the refuge. 7. An adult age 21 or older must supervise youth hunters under age 16 during all hunts. One adult may supervise two youths during small game and migratory bird hunts but may supervise only one youth during big game hunts. Youth must remain within normal voice contact of the adult who is supervising them. Parents or adult guardians are responsible for ensuring that hunters under age 16 do not engage in conduct that would constitute a violation of refuge regulations. 8. We prohibit camping. 9. Persons possessing, transporting, or carrying firearms on national wildlife refuges must comply with all provisions of State and local law. Persons may only use (discharge) firearms in accordance with refuge regulations (§27.42 and specific refuge regulations in part 32). 10. We prohibit hunting within 150 feet (45 m) from the centerline of any road open to vehicle travel, Boy Scout Road, any maintained trails, or from any residence. We prohibit hunting in refuge-designated closed areas which we post on the refuge and identify in the refuge hunt permits (see §27.31 of this chapter). 11. Hunters may possess only approved nontoxic shot while hunting on the refuge (see §32.2(k)). 12. Hunters may not enter the refuge before 4 a.m. and must exit the refuge no later than 2 hours after legal sunset for that day. * * * * * 15. We prohibit all-terrain vehicles. 16. We prohibit target shooting on the refuge. 17. We prohibit the use of any type of material used as flagging or trail markers except bright eyes. D. Sport Fishing. * * * B. Upland Game Hunting. * * * * * C. Big Game Hunting. * * * srobinson on DSKHWCL6B1PROD with PROPOSALS2 * * * * * 4. The Franklin Unit canals (birdfoot canals) will be open for motorized boats between April 15 and August 31. This unit is open to nonmotorized boats all year. 5. Conditions A6, A13, A15, and A17 apply. VerDate Mar<15>2010 19:17 Sep 14, 2010 Jkt 220001 56383 * * * * * 2. You may only use dogs for hunting squirrel and rabbit after the close of the State archery deer season. * * * * * 4. Conditions A5 through A10, A11 except nontoxic shot must be shot size 4 or smaller, and we allow .17 and .22 PO 00000 Frm 00025 Fmt 4701 Sfmt 4702 D. Sport Fishing. * * * * * * * * 6. Conditions A6, A8, and A13 through A16 apply. 7. We prohibit the taking of turtle (see §27.21 of this chapter). Black Bayou Lake National Wildlife Refuge A. Migratory Game Bird Hunting. We allow hunting of duck, goose, coot, and woodcock on designated areas of the refuge as indicated in the refuge brochure in accordance with State regulations subject to the following conditions: 1. You must possess and carry a signed refuge hunt permit (signed refuge brochure). 2. We allow waterfowl hunting until 12 p.m. (noon) during the State season, except we do not open during the special teal season and State youth waterfowl hunt. 3. We prohibit accessing the hunting area by boat from Black Bayou Lake. 4. You may enter the refuge no earlier than 4 a.m. E:\FR\FM\15SEP2.SGM 15SEP2 srobinson on DSKHWCL6B1PROD with PROPOSALS2 56384 Federal Register / Vol. 75, No. 178 / Wednesday, September 15, 2010 / Proposed Rules 5. We prohibit hunting within 100 feet (45 m) of the maintained right-ofway of roads and from or across ATV trails (see §27.31 of this chapter). We prohibit hunting within 50 feet (15 m), or trespassing on above-ground oil or gas production facilities. 6. We prohibit leaving boats, blinds, and decoys unattended. 7. We allow dogs to only locate, point, and retrieve when hunting for migratory game birds. 8. An adult at least age 21 must supervise youth hunters under age 16 during all hunts. One adult may supervise two youths during small game and migratory bird hunts but may supervise only one youth during big game hunts. Youth must remain within normal voice contact of the adult who is supervising them. Parents or adult guardians are responsible for ensuring that hunters under age 16 do not engage in conduct that would constitute a violation of refuge regulations. 9. We prohibit any person or group to act as a hunting guide, outfitter, or in any other capacity that any other individual(s) pays or promises to pay directly or indirectly for services rendered to any other person or persons hunting on the refuge, regardless of whether such payment is for guiding, outfitting, lodging, or club membership. 10. We only allow ATVs on trails (see §27.31of this chapter) designated for their use and marked by signs. We do not open ATV trails March 1 through August 31. An all-terrain vehicle (ATV) is an off-road vehicle with factory specifications not to exceed the following: Weight 750 lbs. (337.5 kg), length 85 inches (212.5 cm), and width 48 inches (120 cm). We restrict ATV tires to those no larger than 25 inch x12 inch (62.5 cm x 30 cm) with a maximum of 1 inch (2.5 cm) lug height and a maximum allowable tire pressure of 7 psi as indicated on the tire by the manufacturer. B. Upland Game Hunting. We allow hunting of quail, squirrel, rabbit, raccoon, and opossum on designated areas as indicated in the refuge brochure and in accordance with State regulations subject to the following conditions: 1. Conditions A1, A3, A5, A8, and A9 apply. 2. We prohibit taking small game with firearms larger than .22 caliber rimfire, shotgun slugs, and buckshot. * * * * * 4. We allow use of dogs to hunt squirrel and rabbit during January and February only. * * * * * C. Big Game Hunting. We allow hunting of white-tailed deer on VerDate Mar<15>2010 19:17 Sep 14, 2010 Jkt 220001 designated areas of the refuge as indicated in the refuge brochure in accordance with State regulations subject to the following conditions: 1. Conditions A1, A3, A5, A8, A9, A10, and B7 apply. * * * * * D. Sport Fishing. * * * * * * * * 8. We prohibit crossing the boat lane booms. Bogue Chitto National Wildlife Refuge A. Migratory Game Bird Hunting. * * * 1. We allow hunting from 30 minutes before legal sunrise until 12 p.m. (noon), including the State special teal season and State youth waterfowl hunt. You must remove blinds and decoys by 1 p.m. (see §27.93 of this chapter). We do not open the refuge to goose hunting for that part of the season that extends beyond the regular duck season. * * * * * 3. We allow public hunting refugewide during the open State season for listed migratory game bird species. * * * * * 5. We require possession of a signed refuge hunt permit (signed refuge brochure) while hunting. 6. An adult at least age 21 must supervise youth hunters under age 16 during all hunts. One adult may supervise two youths during small game and migratory bird hunts but may supervise only one youth during big game hunts. Youth must remain within normal voice contact of the adult who is supervising them. Parents or adult guardians are responsible for ensuring that hunters under age 16 do not engage in conduct that would constitute a violation of refuge regulations. 7. We prohibit hunting within 150 feet (45 m) from the centerline of any public road, refuge road, designated or maintained trail, building, residence, designated public facility, or from or across aboveground oil or gas or electric facilities. * * * * * 10. We prohibit horses and ATVs. 11. You may only possess approved nontoxic shot while hunting on the refuge (see §32.2(k)). 12. We prohibit the use of any type of material used as flagging or trail markers, except bright eyes. 13. Persons possessing, transporting, or carrying firearms on national wildlife refuges must comply with all provisions of State and local law. Persons may only use (discharge) firearms in accordance with refuge regulations (see §27.42 and specific refuge regulations in part 32). PO 00000 Frm 00026 Fmt 4701 Sfmt 4702 14. We prohibit possession or distribution of bait while in the field and hunting with the aid of bait, including any grain, salt, minerals, or any nonnaturally occurring food attractant on the refuge (see §32.2(h)). 15. We prohibit target shooting on the refuge. B. Upland Game Hunting. We allow hunting of squirrel, rabbit, raccoon, and opossum on designated areas of the refuge in accordance with State regulations subject to the following conditions: 1. You may use dogs for rabbit and squirrel from November 1 to the end of the State season except during the refuge gun and primitive firearm season. 2. You may use dogs for raccoon and opossum from January 1 through the last day of February. 3. We will close the refuge to hunting (except waterfowl) and camping when the Pearl River reaches 15.5 feet (4.65 m) on the Pearl River Gauge at Pearl River, Louisiana. 4. We prohibit the take of feral hog during any upland game hunts. 5. All hunters (including archery hunters and small game hunters) except waterfowl hunters must wear and display 400 square inches (2,600 cm2) of unbroken hunter orange as the outermost layer of clothing on the chest and back and a hunter-orange cap during deer gun seasons. We require hunters participating in dog season for squirrels and rabbits to wear a hunterorange cap. All other hunters including archers (while on the ground), except waterfowl hunters, also must wear a hunter-orange cap during the dog season for squirrels and rabbits. Deer hunters hunting from concealed ground blinds must display a minimum of 400 square inches of hunter orange above or around their blinds which is visible from 360 degrees. 6. We prohibit the use of trail cameras. 7. Conditions A5 through A15 apply, except that you may use .17- and .22-cal rifles, and the nontoxic shot in your possession must be size 4 or smaller. C. Big Game Hunting. * * * 1. Conditions A5 through A10, A12 through A15, B3, B5, and B6 apply. 2. You may use only portable deer stands. You may erect deer stands one day before the deer archery season and remove them from the refuge within 1 day after this season closes. Hunters may place only one deer stand on a refuge. Deer stands must have owner’s name, address, and phone number clearly printed on the stand. Hunters must place stands in a nonhunting E:\FR\FM\15SEP2.SGM 15SEP2 srobinson on DSKHWCL6B1PROD with PROPOSALS2 Federal Register / Vol. 75, No. 178 / Wednesday, September 15, 2010 / Proposed Rules position when not in use (see §§27.93 and 27.94 of this chapter). 3. We allow archery deer and hog hunting during the open State deer archery season. You may take deer of either sex in accordance with Stateapproved archery equipment and regulations. The State season limits apply. Longbow, compound bow, and crossbow or any bow drawn, held, or released by mechanical means will be a legal means of take during the deer archery season. * * * * * 5. We list specific dates for primitive weapons big game hunts in the refuge hunt brochure. Legal primitive firearms used for hunting for primitive firearms season include: i. Rifles, .44 caliber minimum, all of which must load exclusively from the muzzle or cap and ball cylinder; use of black powder or approved substitute only; use of ball or bullet projectile only, including saboted bullets, including muzzleloaders known as ‘‘in line’’ muzzleloaders; and ii. Single shot, breech-loading rifles, .38 caliber or larger of a kind or type manufactured prior to 1900; and replicas, reproductions, or reintroductions of that type of rifle having an exposed hammer that use metallic cartridges loaded with black powder or modern smokeless powder. Hunters may fit all of the above with magnified scopes. * * * * * 7. We prohibit using shot larger than No. 2 while hunting during turkey season. 8. You may take hog as incidental game while participating in the refuge archery, primitive weapon, and general gun deer hunts only. We list specific dates for the special hog hunts in January and February in the refuge hunt brochure. During the special hog hunts you must use trained hog-hunting dogs to aid in the take of hog. During the special hog hunts you may take hog from c hour before legal sunrise to c hour after legal sunset, and you must use pistol or rifle ammunition not larger than .22 caliber rimfire or shotgun with nontoxic shot to take the hog after it has been caught by dogs. A8 applies during special hog hunts. * * * * * 10. We prohibit the use of deer and turkey gobbler decoys. D. Sport Fishing. * * * * * * * * 2. Conditions A8 and A10 apply. 3. We close the fishing ponds at the Pearl River Turnaround to fishing and boating during the months of April, May, and June. VerDate Mar<15>2010 19:17 Sep 14, 2010 Jkt 220001 4. When open, we allow boats in the fishing ponds at the Pearl River Turnaround that do not have gasolinepowered engines attached. Anglers must hand launch these boats into the ponds. * * * * * 7. We prohibit all commercial finfishing and shellfishing. Breton National Wildlife Refuge * * * * * D. Sport Fishing. We allow sport finfishing and shellfishing on designated areas of the refuge in accordance with State regulations subject to the following conditions: 1. Crabbers must tend crabbing equipment at all times. 2. Anglers may not use trotlines, slat traps, or nets. 3. We prohibit camping. 4. We will post as closed to all entry portions of the refuge during migratory bird nesting seasons to reduce disturbance to colonies of brown pelicans and other shore birds. Cameron Prairie National Wildlife Refuge A. Migratory Game Bird Hunting. We allow hunting of goose, duck, coot, gallinule, snipe, and dove on designated areas of the refuge in accordance with State regulations subject to the following conditions: 1. The refuge will be open on selected days for migratory game bird hunting as identified in the refuge hunt permit (signed brochure) and regulations brochure. 2. We prohibit entrance to the waterfowl hunting area earlier than 4 a.m. Shooting hours for waterfowl hunts ends at 12 p.m. (noon) each day. Hunters must leave the refuge no later than 1 hour after legal sunset. 3. We require every hunter to possess and carry a valid, signed refuge hunt permit and regulations brochure. 4. Every hunter must complete and turn in a Migratory Bird Hunt Report (FWS Form 3-2361) available from a self-clearing check station after each hunt. 5. We prohibit hunting within 50 yards (45 m) of any public road, refuge road, trail, building, resident, or designated public facility. 6. We prohibit all persons or groups from acting as guides, outfitters, or in any other capacity in which any individual(s) pays or promises to pay directly or indirectly for service rendered to any person or persons hunting on the refuge, regardless of whether such payment is for guiding, outfitting, lodging, or club membership. 7. We prohibit overnight camping on the refuge. PO 00000 Frm 00027 Fmt 4701 Sfmt 4702 56385 8. We allow dogs when migratory bird hunting for the purpose of locating, pointing, and retrieving only. 9. We prohibit the use or possession of alcoholic beverages while hunting (see §32.2(j)). 10. Hunters must remove all huntingrelated equipment (see §27.93 of this chapter) from the refuge immediately following each day’s hunt. 11. Persons possessing, transporting, or carrying firearms on national wildlife refuges must comply with all provisions of State and local law. Persons may only use (discharge) firearms in accordance with refuge regulations (see §27.42 and specific refuge regulations in part 32 of this chapter). 12. An adult at least age 21 must supervise youth hunters under age 16 during all hunts. One adult may supervise two youths during small game and migratory bird hunts but may supervise only one youth during big game hunts. Youth must remain within normal voice contact of the adult who is supervising them. Parents or adult guardians are responsible for ensuring that hunters under age 16 do not engage in conduct that would constitute a violation of refuge regulations. B. Upland Game Hunting. [Reserved] 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. The refuge will be open for hunting on selected days as identified in the refuge hunt permit (signed brochure) and regulations brochure. 2. Conditions A3, A5 through A7, and A9 through A12 apply. 3. Each hunter must complete and turn in a Big Game Harvest Report (FWS Form 3-2359), available from a selfclearing check station, after each hunt. 4. We prohibit entrance to the hunting area earlier than 4 a.m. Hunters must leave the refuge no later than 1 hour after legal sunset. D. Sport Fishing. We allow fishing, boating, crabbing, and cast netting on designated areas of the refuge in accordance with State regulations subject to the following conditions: 1. We allow fishing with a rod and reel or a pole and line. We prohibit possession of any other type of fishing gear, including limb lines, gill nets, jug lines, yo-yos, or trotlines. 2. We allow recreational fishing, crabbing, or cast netting in the East Cove Unit year-round from legal sunrise to legal sunset, except during the Louisiana west zone waterfowl season or when the Grand Bayou Boat Bay is closed. E:\FR\FM\15SEP2.SGM 15SEP2 srobinson on DSKHWCL6B1PROD with PROPOSALS2 56386 Federal Register / Vol. 75, No. 178 / Wednesday, September 15, 2010 / Proposed Rules 3. We prohibit fishing, crabbing, or cast netting from or trespassing on refuge water control structures at any time. 4. On the East cove Unit, we prohibit walking, wading, or climbing in or on the marsh, levees, or structures. 5. We allow sport fishing, crabbing, and cast netting in the Gibbstown Unit’s Outfall Canal from March 15 through October 15. 6. We allow only nonpowered boats in the Bank Fishing Road waterways. 7. We allow only recreational crabbing with cotton hand lines or drop nets up to 24 inches (60 cm) outside diameter. We prohibit using floats on crab lines. 8. Anglers must attend all lines, nets, and bait and remove same from the refuge when through fishing (see §27.93 of this chapter). 9. The daily limit of crabs is 5 dozen (60) per boat or vehicle, regardless of the number of people thereon. 10. Cast net size is in accordance with State regulations. 11. The daily shrimp limit during the Louisiana inshore shrimp season is 5 gallons (19 L) of heads-on shrimp per day, per vehicle or boat. 12. We allow cast netting for bait on both the East Cove Unit and the Gibbstown Unit in accordance with State regulations when the units are open for public fishing only. Anglers must empty cast nets directly into the container from the net. The daily bait shrimp limit is one gallon (3.8 L) per day, per boat, outside the Louisiana inshore shrimp season. 13. Shrimp must remain in your actual custody while on the refuge. 14. We prohibit ATVs, air-thrust boats, and personal motorized watercraft (jet skis) in any refuge area (see §27.31(f) of this chapter). 15. We allow operation of outboard motors in refuge canals, bayous, and lakes. We allow only trolling motors in the marsh. 16. We prohibit all persons or groups from acting as guide, outfitter, or an any capacity in which any other individual(s) pay or promise to pay directly or indirectly for service rendered to any other person or persons fishing on the refuge, regardless of whether such payment is for guiding, outfitting, lodging, or club membership, unless authorized by a refuge Special Use Permit (FWS Form 3-1383). 17. We prohibit the taking of turtle (see §27.21 of this chapter). 18. We prohibit the commercialization of plants and wildlife unless authorized. VerDate Mar<15>2010 19:17 Sep 14, 2010 Jkt 220001 Cat Island National Wildlife Refuge A. Migratory Game Bird Hunting. We allow hunting of duck, goose, coot, and woodcock on designated areas of the refuge as shown on the refuge hunt brochure map in accordance with State regulations subject to the following conditions: 1. We require a $15 Annual Public Use Permit (signature only required) for all hunters and anglers age 17 and older. The refuge user must sign and carry this permit at all times while on the refuge. 2. Refuge users may enter the refuge no earlier than 4 a.m. and must exit the refuge by 2 hours after legal sunset. 3. You may possess only approved nontoxic shot while hunting on the refuge (see §32.2(k)). 4. You must use designated parking areas to participate in any refuge public use activity. 5. Youth hunters under age 17 must successfully complete a State-approved hunter education course. While hunting each youth must possess and carry a card or certificate of completion. Each youth hunter must remain within sight and normal voice contact of an adult age 21 or older. Each adult must possess and carry a refuge permit (Public Use Permit/signature only required) and may supervise no more than two youth hunters during waterfowl/upland game hunting. 6. We allow take of beaver, feral hog, nutria, raccoon, and coyote incidental to any refuge hunt with weapons legal for that hunt until you take the daily bag limit of game. 7. Refuge users must check all game taken leaving the refuge at one of the self-clearing check stations indicated on the map in the Refuge Public Use Brochure. 8. We allow all-terrain vehicles (ATVs) and utility-type vehicle (UTVs) as per State WMA regulations and size specifications on designated trails (see §27.31 of this chapter) from September 1 through the hunting season. An ATV is an off-road vehicle with factory specifications not to exceed the following: Weight 750 pounds (337.5 kg), length 85 inches (212.5 cm), and width 48 inches (120 cm). We restrict ATV tires to those no larger than 25 inches x12 inches (62.5 cm x 30 cm) with a maximum 1 inch (2.5 cm) lug height and a maximum allowable tire pressure of 7 psi as indicated on the tire by the manufacturer. 9. We prohibit hunting within 150 feet (45 m) of any public road, refuge road, trail or ATV trail, building, residence, or designated public facility. 10. We prohibit the possession or use of any type of trail-marking material. PO 00000 Frm 00028 Fmt 4701 Sfmt 4702 11. We prohibit horses or mules. 12. We allow parking only in designated parking areas. 13. We prohibit camping or overnight parking on the refuge. 14. We prohibit air-thrust boats on the refuge. 15. We prohibit all other hunting during refuge lottery deer hunts. 16. We allow waterfowl hunting on Tuesdays, Thursdays, Saturdays, and Sundays until 12 p.m. (noon) during the designated State duck season. 17. Hunters must remove harvested waterfowl, temporary blinds, and decoys (see §27.93 of this chapter) used for duck hunting by 1 p.m. daily. 18. We allow dogs to only locate, point, and retrieve when hunting for migratory game birds. 19. We prohibit accessing refuge property by boat from the Mississippi River. 20. We prohibit trapping. 21. We prohibit the possession of saws, saw blades, or machetes. 22. We prohibit possession of alcohol while hunting (see §32.2(j)). 23. We prohibit all commercial activities (including, but not limited to, guiding). B. Upland Game Hunting. We allow hunting of squirrel and rabbit on designated areas of the refuge as shown on the refuge hunt brochure map in accordance with State regulations subject to the following conditions: 1. Conditions A1 through A15, A19, A20, A23, and A24 apply. 2. While upland game hunting, we prohibit the possession of firearms larger than .22 caliber rimfire, shotgun slugs, and buckshot (see §27.42 of this chapter). 3. We allow the use of squirrel and rabbit dogs from the day after the close of the State-designated season. We allow up to two dogs per hunting party for squirrel hunting. 4. We require the owner’s name and phone number on the collars of all dogs. 5. We prohibit possession or distribution of bait or hunting with the aid of bait, including any grain, salt, minerals, or other feed or nonnaturally occurring attractant on the refuge (see §32.2(h)). C. Big Game Hunting.We allow hunting of white-tailed deer on designated areas of the refuge as shown on the refuge hunt brochure map in accordance with State regulations subject to the following conditions: 1. Condition B1 applies. 2. We allow archery-only deer hunting on the refuge during the State archery deer season. 3. There is a $5 application fee per person for each lottery hunt application E:\FR\FM\15SEP2.SGM 15SEP2 srobinson on DSKHWCL6B1PROD with PROPOSALS2 Federal Register / Vol. 75, No. 178 / Wednesday, September 15, 2010 / Proposed Rules (name/address/telephone number only required). 4. Hunters may not leave stands on the refuge until the opening day of archery season. Hunters must remove all stands by the end of the last day of the archery season. Hunters must clearly mark all stands used on the refuge with the name, address, and phone number of the owner. Hunters must use only portable deer stands, remove them from trees daily, and place freestanding stands in a nonhunting position daily (see §§27.93 and 27.94 of this chapter). 5. We prohibit the use of dogs to trail wounded game. 6. You may only take one deer of either sex per day during the deer season. State season limits apply. 7. We require a minimum of 400 square inches (2,600 cm2) of unbrokenhunter orange as the outermost layer of clothing on the chest and back, and in addition we require a hat or cap of unbroken-hunter orange. 8. We prohibit driving or screwing nails, spikes, or other metal objects into trees or hunting from any tree into which such an object has been driven (see §32.2(i)). 9. We allow ‘‘still hunting’’ only. We prohibit man drives or use of dogs. 10. We prohibit use of climbing spurs. D. Sport Fishing. We allow fishing on designated areas of the refuge as shown on the refuge hunting and fishing brochure map in accordance with State regulations subject to the following conditions: 1. We prohibit commercial fishing or commercial crawfishing. 2. Conditions A1, A2, A7, A8 (on the open portions of Wood Duck ATV trail for wildlife-dependent activities throughout the year), A11 through A13, A19, A20, A23, and A24 apply. 3. We prohibit slat traps or hoop nets on the refuge. 4. We prohibit possession of cleaned or processed fish on the refuge. 5. We allow recreational crawfishing on the refuge subject to specific dates (see refuge brochure for details). The harvest limit is 100 pounds (45 kg) per permit per day. 6. You must attend all crawfish traps and nets at all times and may not leave them on the refuge overnight. We allow up to and not to exceed 20 traps per angler on the refuge. 7. We prohibit harvest of frog or turtle on the refuge (see §27.21 of this chapter). 8. We prohibit boat launching by trailer from all refuge roads and parking lots. Catahoula National Wildlife Refuge A. Migratory Game Bird Hunting. We allow hunting of duck, goose, and coot VerDate Mar<15>2010 19:17 Sep 14, 2010 Jkt 220001 only on designated areas of the Bushley Bayou Unit in accordance with State hunting regulations subject to the following conditions: 1. We allow migratory hunting of duck, goose, and coot on Tuesdays, Thursdays, Saturdays, and Sundays from c hour before legal sunrise until 12 p.m. (noon) during the State season. 2. We prohibit migratory game bird hunting during deer-gun and primitive firearms hunts. 3. We allow the use of dogs only to locate, point, and retrieve game when hunting migratory game birds. 4. We allow the use of shotguns only for hunting migratory birds. 5. An adult at least age 21 must supervise youth hunters under age 16 during all hunts. One adult may supervise two youths during small game and migratory bird hunts but may supervise only one youth during big game hunts. Youth must remain within normal voice contact of the adult who is supervising them. Parents or adult guardians are responsible for ensuring that hunters under age 16 do not engage in conduct that would constitute a violation of refuge regulations. 6. Hunters must check-in and check out in accordance with refuge-specific terms (see refuge hunting brochure for details). 7. We require hunters age 16 and older to purchase and carry a signed special refuge recreational activity permit (name/address/phone only). 8. Hunters may enter the refuge no earlier than 4 a.m. and must exit no later than 2 hours after legal sunset for that day. Waterfowl hunting must cease by 12 p.m. (noon), and hunters must remove all decoys, blinds and boats from the hunting area by 1 p.m. 9. We prohibit hunting or the discharge of firearms within 150 feet (45 m) from the centerline of roads and maintained trails. 10. We prohibit parking, walking, or hunting within 150 feet (45 m) of any active oil and gas facility or equipment. 11. We prohibit the use of mules or horses. 12. We prohibit the use or possession of saws, saw blades, or machetes. 13. We allow the use of nonmotorized boats or boats with motors of 10 horsepower or less on refuge lakes and waters as designated. We prohibit the use of air-thrust boats, water-thrust boats, or personal watercraft. 14. Refuge users must enter and exit the refuge only at designated parking areas on the refuge. We prohibit accessing adjacent lands from the refuge parking areas or any other part of the refuge. PO 00000 Frm 00029 Fmt 4701 Sfmt 4702 56387 15. We prohibit the use or possession of any type of material used as flagging or trail markers except bright eyes or reflective tape. 16. We prohibit camping or parking overnight on the refuge. 17. We restrict use of all-terrain vehicles (ATVs) to designated trails. We allow ATVs only for hunting and fishing and other wildlife-related activities. ATVs will not exceed 25 miles per hour (mph) when operated on the refuge. ATVs used on the refuge will not exceed the following: Weight 750 pounds (337.5 kg), length 85 inches (212.5 cm), width 48 inches (120 cm). We restrict ATV tires to those no larger than 25 inches x 12 inches (62.5 cm x 30 cm) with a maximum one inch (2.5 cm) lug height and maximum allowable tire pressure of 7 pounds per square inch (psi) as indicated on the tire by the manufacturer. 18. We allow the incidental take of feral hog, raccoon, beaver, nutria, and coyote while hunting with firearms or archery equipment authorized for that hunt. 19. We prohibit the possession or use of remote cameras. B. Upland Game Hunting. We allow hunting of squirrel and rabbit on designated areas of the refuge in accordance with State regulations subject to the following conditions: 1. Conditions A5 through A19 apply. 2. At the Headquarters Unit, we only allow squirrel and rabbit hunting from the first day of the State season until October 31. 3. At the Bushley Unit, we allow squirrel and rabbit hunting in accordance with the State season. 4. We prohibit squirrel and rabbit hunting during deer-gun and primitive firearms hunts. 5. At the Bushley Unit, we allow the use of dogs to hunt squirrels and rabbits only after the last primitive firearms season for deer on the refuge. Hunters must place their names and phone numbers on the collars of all their dogs. 6. We require hunters participating in the dog season for rabbits to wear a hunter-orange cap. 7. We allow the use of shotguns with nontoxic shot and rifles .22 magnum or smaller when hunting. We prohibit possession of toxic shot when hunting. C. Big Game Hunting. We allow hunting of white-tailed deer and feral hog on designated areas of the refuge in accordance with State regulations subject to the following conditions: 1. Conditions A5 through A19 apply. 2. At the Headquarters Unit, we allow archery hunting of deer and feral hog during the State archery season except the area south of the French Fork of the E:\FR\FM\15SEP2.SGM 15SEP2 srobinson on DSKHWCL6B1PROD with PROPOSALS2 56388 Federal Register / Vol. 75, No. 178 / Wednesday, September 15, 2010 / Proposed Rules Little River, which we close during deer-gun hunt in that area. 3. We allow deer-gun hunting on the area south of the French Fork of the Little River for 2 days in December with these dates being set annually. 4. At the Bushley Unit, we allow archery hunting for deer and feral hog during the State archery season except we close during deer-gun hunt and primitive firearms hunts. 5. We allow hunting of deer with primitive firearms during the first segment of the State season for area 1, weekdays only (Monday through Friday) and the third weekend after Thanksgiving Day. 6. We allow the use of portable deer stands. Hunters may place deer stands on the refuge 1 day before the deer archery season and must remove them from the refuge within 1 day after this season closes. Hunters may place only one stand on the refuge. Deer stands must have the owner’s name, address, and phone number clearly printed on the stand. Hunters must place stands in a nonhunting position when not in use (see §§27.93 and 27.94 of this chapter). 7. We prohibit the possession of buckshot when hunting. 8. All hunters (including archery and small game hunters), except waterfowl hunters on refuges, must wear and display 400 square inches (2,600 cm2) of hunter orange and a hunter-orange cap during the deer-gun and primitive firearms seasons. Deer hunters hunting from concealed ground blinds must display a minimum of 400 square inches of hunter orange above or around their blinds which is visible from 360 degrees. 9. You may take only one deer per day during any refuge hunt. The State season limits apply. 10. We prohibit the use of organized drives for taking or attempting to take game or the use of pursuit dogs. 11. We prohibit the use of dogs to trail wounded deer. 12. At the Headquarters Unit, we close hunting during high water conditions, elevation 42 feet (12.6 m) or above as measured at the Corp of Engineers center of the gauge on Catahoula Lake. On the Bushley Unit, we close hunts when the gauge measures elevation 44 feet (13.2 m) or above. D. Sport Fishing. We allow fishing on designated areas of the refuge in accordance with State regulations subject to the following conditions: 1. Conditions A10 through A17 apply. 2. We require anglers age 16 and older to possess and carry a signed special refuge recreational activity permit (name/address/phone only). VerDate Mar<15>2010 19:17 Sep 14, 2010 Jkt 220001 3. Anglers may enter the refuge no earlier than 4 a.m. and must exit no later than 2 hours after legal sunset for that day. 4. At the Headquarters Unit, we allow year-round fishing on Cowpen Bayou and the Highway 28 borrow pits. We allow fishing on Duck Lake, its tailwaters Muddy Bayou, Willow Lake, and the Highway 84 borrow pits from March 1 through October 31. We allow only rod and reel or pole and line fishing. We prohibit snagging. 5. At the Bushley Bayou Unit, we allow fishing year-round. We allow trotlines, but anglers must tend them at least once every 24 hours and reset them when receding water levels expose them. Anglers must attach lines with a length of cotton line that extends into the water. We allow the use of yo-yos, but you must attend and only use them from 1 hour before legal sunrise until c hour after legal sunset. We allow the use of only recreational gear. 6. At the headquarters unit, we allow the launching of only trailered boats at designated boat ramps. Anglers may launch small hand-carried boats from the bank in other areas. We prohibit dragging of boats or driving onto road shoulders to launch boats. 7. We allow fishing from 1 hour before legal sunrise to c hour after legal sunset. 8. We prohibit bank fishing on Bushley Creek and fishing in Black Lake, Dempsey Lake, Long Lake, Rhinehart Lake, and Round Lake during deer-gun and primitive firearms hunts. 9. We prohibit fishing in Black Lake, Dempsey Lake, Long Lake, Round Lake, and Rhinehart Lake during waterfowl hunts. 10. We prohibit taking or possessing snake, frog, turtle, salamander, and mollusk by any means (see §27.21 of this chapter). D’Arbonne National Wildlife Refuge A. Migratory Game Bird Hunting.We allow hunting of duck, goose, coot, and woodcock on designated areas of the refuge as indicated in the refuge brochure in accordance with State regulations subject to the following conditions: 1. Hunters must possess and carry a signed refuge permit (signed refuge brochure). 2. We allow migratory game bird hunting on designated areas as indicated in the refuge brochure. 3. We allow waterfowl hunting until 12 p.m. (noon) during the State season except when closed during the special teal season and State youth waterfowl hunt. PO 00000 Frm 00030 Fmt 4701 Sfmt 4702 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 (see §27.31 of this chapter), and from above-ground oil or gas or electrical transmission facilities. 6. We prohibit leaving boats, blinds, and decoys unattended. 7. We allow dogs to only locate, point, and retrieve when hunting for migratory game birds. 8. An adult at least age 21 must supervise youth hunters under age 16 during all hunts. One adult may supervise two youths during small game and migratory bird hunts but may supervise one only youth during big game hunts. Youth must remain within normal voice contact of the adult who is supervising them. Parents or adult guardians are responsible for ensuring that hunters under age 16 do not engage in conduct that would constitute a violation of refuge regulations. 9. We prohibit any person or group to act as a hunting guide, outfitter, or in any other capacity that any other individual(s) pays or promises to pay directly or indirectly for services rendered to any other person or persons hunting on the refuge, regardless of whether such payment is for guiding, outfitting, lodging, or club membership. B. Upland Game Hunting. * * * 1. Conditions A1, A5, A8, and A9 apply. * * * * * 3. We prohibit taking small game with firearms larger than .22 caliber rimfire, shotgun slugs, and buckshot. * * * * * C. Big Game Hunting. We allow hunting of white-tailed deer on designated areas of the refuge as indicated in the refuge brochure in accordance with State regulations subject to the following conditions: 1. Conditions A1, A5, A9, and B7 apply. * * * * * 6. We prohibit leaving deer stands, blinds, and other equipment unattended. 7. Deer hunters must wear hunter orange as per State deer hunting regulations on Wildlife Management areas. 8. We prohibit hunters placing or hunting from stands on pine trees with white-painted bands or rings. 9. An adult at least age 21 must supervise youth hunters under age 16 during all hunts. One adult may supervise two youths during small game and migratory bird hunts but may supervise only one youth during big E:\FR\FM\15SEP2.SGM 15SEP2 Federal Register / Vol. 75, No. 178 / Wednesday, September 15, 2010 / Proposed Rules srobinson on DSKHWCL6B1PROD with PROPOSALS2 game hunts. Youth must remain within normal voice contact of the adult who is supervising them. Parents or adult guardians are responsible for ensuring that hunters under age 16 do not engage in conduct that would constitute a violation of refuge regulations. 10. We prohibit possession or distribution of bait or hunting with the aid of bait, including any grain, salt, minerals, or other feed or any nonnaturally occurring attractant on the refuge (see §32.2(h). * * * * * Delta National Wildlife Refuge A. Migratory Game Bird Hunting. We allow hunting of duck, goose, and coot on designated areas of the refuge in accordance with State regulations subject to the following conditions: 1. We allow waterfowl hunting on Wednesdays, Thursdays, Saturdays, and Sundays from c hour before legal sunrise until 12 p.m. (noon), including the State special teal season, State youth waterfowl season, and State light goose special conservation season. 2. We only allow temporary blinds. You must remove both blinds and decoys (see §27.93 of this chapter) by 1 p.m. 3. We allow dogs to only locate, point, and retrieve when hunting for migratory game birds. 4. You may possess only approved nontoxic shot while hunting on the refuge (see §32.2(k)). 5. Hunters must possess and carry a valid refuge hunt permit (signed brochure). 6. We allow hunting only on those portions of the refuge that lie northwest of Main Pass and south of Raphael Pass. 7. Persons possessing, transporting, or carrying firearms on national wildlife refuges must comply with all provisions of State and local law. Persons may only use (discharge) firearms in accordance with refuge regulations (§27.42 of this chapter and specific refuge regulations part 32). 8. We prohibit air-thrust boats, mud boats, aircraft, and air-cooled propulsion engines on the refuge. 9. We close all refuge lands between Raphael Pass and Main Pass to all entry during the State waterfowl hunting season. 10. We prohibit discharge of firearms (see §27.42 of this chapter) within 250 yards (225 m) of buildings or worksites, such as oil or gas production facilities. 11. An adult at least age 21 must supervise youth hunters under age 16 during all hunts. An adult may supervise two youths during small game and migratory bird hunts but may supervise only one youth during big VerDate Mar<15>2010 19:17 Sep 14, 2010 Jkt 220001 game hunts. Youth must remain within normal voice contact of the adult who is supervising them. Parents or adult guardians are responsible for ensuring that hunters under age 16 do not engage in conduct that would constitute a violation of refuge regulations. 12. We prohibit any person or group to act as a hunting guide, outfitter, or in any other capacity that any other individual(s) pays or promises to pay directly or indirectly for services rendered to any other person or persons hunting on the refuge, regardless of whether such payment is for guiding, outfitting, lodging, or club membership. 13. We open the refuge from c hour before legal sunrise to c hour after legal sunset with the exception that hunters may enter the refuge earlier, but not before 4 a.m. 14. We prohibit camping. 15. We prohibit target shooting on the refuge. 16. We prohibit the use of any type of material used as flagging or trail markers, except bright eyes. B. Upland Game Hunting. * * * * * * * * 4. Conditions A4 through A16 apply. C. Big Game Hunting. * * * 1. Conditions A5 through A16 apply with the following exception to condition A11: Each adult may only supervise one youth hunter. 2. We allow archery deer hunting, bucks only, October 1 through 15. We allow either-sex archery deer hunting October 16 through 31 and from the day after the close of the State duck season through the end of the State deer archery season. 3. Hunters may use only portable deer stands (see §27.93 of this chapter). Hunters may erect deer stands 1 day before the deer archery season and must remove them from the refuge within 1 day after the season closes. Hunters may place only one deer stand on a refuge. Deer stands must have the owner’s name, address and phone number clearly printed on the stand. Hunters must place stands in a nonhunting position when not in use. * * * * * 5. You may take hog only with archery equipment during the archery deer season. * * * * * 7. Longbow, compound bow, and crossbow or any bow drawn, held, or released by mechanical means will be a legal means of take during the deer archery season. 8. We prohibit the use of trail cameras. PO 00000 Frm 00031 Fmt 4701 Sfmt 4702 56389 9. We prohibit the use of deer decoys. D. Sport Fishing. * * * * * * * * 4. Conditions A7, A8, A9, A14, and A15 apply. * * * * * Grand Cote National Wildlife Refuge A. Migratory Game Bird Hunting. We allow hunting of duck, goose, coot, and woodcock on designated areas of the refuge as depicted on the refuge hunting brochure map in accordance with State regulations subject to the following conditions: 1. We allow waterfowl (duck, goose, coot) hunting on Wednesdays and Saturdays from c hour before legal sunrise until 12 p.m. (noon) during the State season. 2. We prohibit teal hunting during the State September season. 3. There will be lottery-spaced-blindwaterfowl hunts on designated sections of the refuge during the regular State waterfowl season subject to refugespecific dates, terms, and selection process (see refuge hunting brochure for details). 4. We allow the use of shotguns only utilizing approved nontoxic shot for hunting migratory game birds. 5. We allow the use of dogs only to locate, point, and retrieve game when hunting migratory game birds. 6. Hunters may enter the refuge no earlier than 4 a.m. and must exit no later than 2 hours after legal sunset for that day. Waterfowl hunting must cease by 12 p.m. (noon), and hunters must remove all decoys, blinds, and boats from the hunt area by 1 p.m. 7. An adult at least age 21 must supervise youth hunters under age 16 during all hunts. One adult may supervise two youths during small game and migratory bird hunts but may supervise only one youth during big game hunts. Youth must remain within normal voice contact of the adult who is supervising them. Parents or adult guardians are responsible for ensuring that hunters under age 16 do not engage in conduct that would constitute a violation of refuge regulations. 8. We allow the incidental take of raccoon, feral hog, beaver, nutria, and coyote using only approved nontoxic shot while hunting migratory game birds. 9. We require hunters age 16 and older to purchase and carry a signed refuge special recreational activity permit (name/address/phone number only). 10. We prohibit hunting or the discharge of firearms within 150 feet E:\FR\FM\15SEP2.SGM 15SEP2 srobinson on DSKHWCL6B1PROD with PROPOSALS2 56390 Federal Register / Vol. 75, No. 178 / Wednesday, September 15, 2010 / Proposed Rules (3.7 m) from the centerline of roads and maintained trails. 11. Hunters must check-in and check out in accordance with refuge-specific terms (see refuge hunting brochure for details). 12. We prohibit possession or distribution of bait while in the field, hunting with the aid of bait, including any grain, salt, minerals, or any nonnaturally occurring food attractant on the refuge (see §32.2(h)). 13. We prohibit camping or overnight parking on the refuge. 14. Refuge users must enter and exit the refuge only at designated parking areas occurring on the refuge. We prohibit accessing adjacent lands from refuge parking areas or any other part of the refuge. 15. We restrict the use of all-terrain vehicles (ATVs) to designated trails. We allow ATVs only for hunting, fishing, and other wildlife-related activities. ATVs will not exceed 25 mph when driven on the refuge. ATVs used on refuges will not exceed the following: Weight-750 lbs. (337.5 kg), length-85 inches (2.12 m), and width-48 inches (120 cm). We restrict ATV tires to those no larger than 25 inches (62.5 cm) x 12 inches (30 cm) with a maximum 1-inch (2.5 cm) lug height and a maximum allowable tire pressure of 7 p.s.i. as indicated on the tire by the manufacturer. 16. We allow only electric-powered or nonmotorized boats. 17. We prohibit the use of horses or mules. 18. We prohibit the use or possession of any type of material used as flagging or trail markers, except for bright eyes or reflective tape. 19. We prohibit the use or possession of saws, saw blades, or machetes. 20. We prohibit the use or possession of remote cameras. B. Upland Game Hunting. We allow hunting of rabbit on designated areas of the refuge as depicted on the refuge hunting brochure map in accordance with State regulations subject to the following conditions: 1. Conditions A9 through A20 apply. 2. We only allow the use of shotguns and rifles that are .22 magnum caliber rimfire or less for upland game hunting. Hunters may use only approved nontoxic shot in shotguns. We prohibit possession of toxic shot (see §32.2(k)) for hunting. 3. We allow incidental take of raccoon, feral hog, beaver, nutria, and coyote with firearms that are authorized for use during upland game hunting. 4. We allow the use of rabbit dogs only after the close of the State deer rifle season. Dog owners must place their VerDate Mar<15>2010 19:17 Sep 14, 2010 Jkt 220001 name and phone number on the collars of all their dogs. 5. We require hunters participating in the special dog season for rabbits to wear a hunter-orange cap. C. Big Game Hunting. We allow hunting of white-tailed deer on designated areas of the refuge as depicted on the refuge hunting brochure map in accordance with State regulations subject to the following conditions: 1. Conditions A9 through A20 apply. 2. We allow archery hunting in special designated areas (see refuge hunting brochure map) during the State archery deer season subject to refuge closures resulting from high water conditions. 3. You may only harvest one buck or doe per day during the refuge archery season. Deer harvested on the refuge count towards the State bag limit. 4. We allow incidental take of raccoon, feral hog, beaver, nutria, and coyote while deer hunting with weapons authorized for use. 5. You may use only portable deer stands (see §27.93 of this chapter). Hunters must place deer stands on the refuge 1 day before the deer archery season and must remove them from the refuge within 1 day after the season closes. Hunters may place only one deer stand on the refuge and deer stands must have the owner’s name, address, and phone number clearly printed on the stand. Hunters must be place the stand in a nonhunting position and at ground level when not in use. 6. Deer hunters hunting from concealed ground blinds must display a minimum of 400 square inches (2,600 cm2) of hunter orange above or around their blinds which is visible from 360 degrees. 7. We prohibit the use of deer decoys. 8. We prohibit the use of dogs to trail wounded deer. 9. We prohibit organized drives for taking or attempting to take game or the use of pursuit dogs. D. Sport Fishing. We allow fishing in designated areas as depicted in the refuge hunting brochure in accordance with State regulations subject to the following conditions: 1. Conditions A13 through A19 apply. 2. We allow bank fishing in Coulee Des Grues only along Little California Road from legal sunrise to legal sunset. 3. Anglers may enter the refuge no earlier than 4 a.m. and must exit no later than 2 hours after legal sunset for that day. 4. We require anglers age 16 and older to purchase and carry a signed refuge special recreational activity permit. PO 00000 Frm 00032 Fmt 4701 Sfmt 4702 5. We prohibit the use of gear or equipment other than hook and line to catch fish. 6. We prohibit the possession of cleaned or processed fish on the refuge. 7. We prohibit the harvest of frog, turtle, snake, or mollusk (see §27.21 of this chapter). 8. We prohibit crawfishing. Lacassine National Wildlife Refuge A. Migratory Game Bird Hunting. We allow hunting of goose, duck, gallinule, and coot on designated areas of the refuge in accordance with State regulations subject to the following conditions: 1. The refuge will be open on selected days for migratory game bird hunting as identified in the refuge hunt permit and regulations brochure. 2. We require every hunter to possess and carry a valid signed refuge hunt permit (signed brochure) and regulations brochure. 3. We prohibit entrance to the hunting area earlier than 4 a.m. Shooting hours end at 12 p.m. (noon) each day. Hunters must remove all decoys and blinds from the hunting area by 1 p.m. Hunters must leave the refuge no later than 1 hour after legal sunset. 4. Each hunter must complete and turn in a Migratory Bird Hunt Report (FWS Form 3-2361), available from a self-clearing check station, after each hunt. 5. Persons possessing, transporting, or carrying firearms on national wildlife refuges must comply with all provisions of State and local law. Persons may only use (discharge) firearms in accordance with refuge regulations (see §27.42 of this chapter and specific refuge regulations in part 32). 6. We prohibit all mechanized equipment including motorized boats within the designated wilderness area. 7. We prohibit all boat motors, including trolling motors, within refuge marshes. We prohibit air-thrust boats and ATVs on the refuge (see §27.31(f) of this chapter), unless otherwise permitted. 8. We prohibit hunting within 50 yards (45 m) of refuge canals; waterways; public roads; buildings; above-ground oil, gas, or electrical transmission facilities; or designated public facilities. Hunting parties must remain a distance of no less than 150 yards (135 m) away from another hunter. 9. You must remove all huntingrelated equipment (see §27.93 of this chapter) from the refuge immediately following each day’s hunt. 10. We prohibit overnight camping on the refuge. E:\FR\FM\15SEP2.SGM 15SEP2 srobinson on DSKHWCL6B1PROD with PROPOSALS2 Federal Register / Vol. 75, No. 178 / Wednesday, September 15, 2010 / Proposed Rules 11. We prohibit the use or possession of alcoholic beverages while hunting (see §32.2(j)). 12. We allow the use of dogs when migratory bird hunting only for the purpose of locating, pointing, and retrieving. 13. We prohibit all persons or groups from acting as guides, outfitters, or in any other capacity in which any individual(s) pay or promise to pay directly or indirectly for service rendered to any person or persons hunting on the refuge, regardless of whether such payment is for guiding, outfitting, lodging, or club membership. 14. An adult at least age 21 must supervise youth hunters under age 16 during all hunts. One adult may supervise two youths during small game and migratory bird hunts but may supervise only one youth during big game hunts. Youth must remain within normal voice contact of the adult who is supervising them. Parents or adult guardians are responsible for ensuring that hunters under age 16 do not engage in conduct that would constitute a violation of refuge regulations. * * * * * C. Big Game Hunting. We allow hunting for white-tailed deer on designated areas of the refuge in accordance with State regulations subject to the following conditions: 1. The refuge will be open for hunting white-tailed deer on selected days as identified in the refuge hunt permit (signed brochure) and regulations brochure. 2. Conditions A2, and A5 through A14 apply. 3. We prohibit entrance to the hunting area earlier than 4 a.m. Hunters must leave no later than 1 hour after legal sunset. 4. We prohibit hunting in the headquarters area along Nature Road and along the Lacassine Pool Wildlife Drive (see refuge map). 5. We allow boats of all motor types and of 40 hp or less in Lacassine Pool. 6. We prohibit boats in Lacassine Pool and Unit D from October 16 through March 14. We prohibit boats in Units A and C. 7. We prohibit possession or distribution of bait or hunting with the aid of bait, including any grain, salt, minerals, or other feed or any nonnaturally occurring attractant on the refuge (see §32.2(h)). 8. Each hunter must complete and turn in a Big Game Harvest Report (FWS Form 3-2359), available from a selfclearing check station, after each hunt. VerDate Mar<15>2010 19:17 Sep 14, 2010 Jkt 220001 D. Sport Fishing. * * * 1. Conditions A6, A7, A10, C5, and C6 apply. * * * * * 10. We prohibit all boat motors, including trolling motors, in refuge marshes outside Lacassine Pool. We prohibit air-thrust boats and ATVs on the refuge (see §27.31(f) of this chapter), unless otherwise allowed. 11. We prohibit all mechanized equipment, including motorized boats, within the designated wilderness area. 12. We allow fishing only with rod and reel or pole and line in refuge waters. 13. Anglers can travel the refuge by boat from 1 hour before legal sunrise until 1 hour after legal sunset in order to access fishing areas. We prohibit fishing activities before legal sunrise and after legal sunset. 14. We prohibit the taking of turtle (see §27.21 of this chapter). Lake Ophelia National Wildlife Refuge A. Migratory Game Bird Hunting. We allow hunting of duck, goose, coot, and woodcock on designated areas of the refuge as depicted on the refuge hunting brochure map in accordance with State regulations subject to the following conditions: 1. We allow waterfowl (duck, goose, coot) hunting on Tuesdays, Thursdays, and Saturdays from c hour before legal sunrise until 12 p.m. (noon) during the Statewide duck season. 2. We allow the use of shotguns only utilizing approved nontoxic shot for hunting migratory game birds. 3. We allow the use of dogs only to locate, point, and retrieve game when hunting for migratory birds. 4. Hunters may enter the refuge no earlier than 4 a.m. and must exit no later than 2 hours after legal sunset for that day. Waterfowl hunting must cease by 12 p.m. (noon), and hunters must remove all decoys, blinds, and boats from the hunt area by 1 p.m. 5. An adult at least age 21 must supervise youth hunters under age 16 during all hunts. One adult may supervise two youths during small game and migratory bird hunts but may supervise only one youth during big game hunts. Youth must remain within normal voice contact of the adult who is supervising them. Parents or adult guardians are responsible for ensuring that hunters under age 16 do not engage in conduct that would constitute a violation of refuge regulations. 6. We prohibit migratory game bird hunting during refuge deer primitive firearm hunts. 7. We allow the incidental take of raccoon, feral hog, beaver, nutria, and PO 00000 Frm 00033 Fmt 4701 Sfmt 4702 56391 coyote using only nontoxic shot while hunting migratory game birds. 8. We restrict the use of all-terrain vehicles (ATVs) to designated trails. We allow ATVs only for hunting, fishing, and other wildlife-related activities. ATVs will not exceed 25 mph when driven on the refuge. ATVs used on refuges will not exceed the following: Weight 750 lbs. (337.5 kg), length 85 inches (2.12 m), and width 48 inches (120 cm). We restrict ATV tires to those no larger than 25 inches (62.5 cm) x 12 inches (30 cm) with a maximum 1-inch (2.5 cm) lug height and a maximum allowable tire pressure of 7 p.s.i. as indicated on the tire by the manufacturer. 9. We restrict the special all-terrain vehicle trails for physically challenged persons to ATV physically challenged permittees. Individuals that qualify must obtain a Special Use Permit (FWS Form 3-1383) from the refuge office to use these trails. 10. We require hunters age 16 and older to purchase and carry a signed refuge special recreational activity permit (name/address/phone number only). 11. We prohibit hunting or the discharge of firearms within 150 feet (45 m) from the centerline of roads and maintained trails. 12. Hunters must check-in and check out in accordance with refuge-specific terms (see refuge hunting brochure for details). 13. We prohibit possession or distribution of bait while in the field, hunting with the aid of bait, including any grain, salt, minerals, or any nonnaturally occurring food attractant on the refuge (see §32.2(h)). 14. We allow watercraft with motors up to 36 hp in Possum Bayou (north of boat ramp), Palmetto Bayou, Duck Lake, Westcut Lake, Point Basse, and Nicholas Lake. 15. We allow electric-powered or nonmotorized boats in Doomes Lake, Lake Long, Possum Bayou (south of boat ramp), and Lake Ophelia. 16. We prohibit camping or overnight parking on the refuge. 17. Refuge users must enter and exit the refuge only at designated parking areas occurring on the refuge. We prohibit accessing adjacent lands from refuge parking areas or any other part of the refuge. 18. We prohibit the use of horses or mules. 19. We prohibit the use or possession of any type of material used as flagging or trail markers, except for bright eyes or reflective tape. 20. We prohibit the use or possession of saws, saw blades, or machetes. E:\FR\FM\15SEP2.SGM 15SEP2 srobinson on DSKHWCL6B1PROD with PROPOSALS2 56392 Federal Register / Vol. 75, No. 178 / Wednesday, September 15, 2010 / Proposed Rules 21. We prohibit the use or possession of remote cameras. B. Upland Game Hunting. We allow hunting of squirrel and rabbit on designated areas of the refuge as depicted on the refuge hunting brochure map in accordance with State regulations subject to the following conditions: 1. Conditions A5 and A8 through A21 apply. 2. Hunters may enter the refuge no earlier than 4 a.m. and must exit no later than 2 hours after legal sunset for that day. 3. We only allow the use of shotguns and rifles that are .22 magnum caliber rimfire or less for upland game hunting. We allow only nontoxic shot in shotguns and prohibit possession of toxic shot when hunting. 4. We allow incidental take of raccoon, feral hog, beaver, nutria, and coyote with firearms authorized for use during upland game hunting. 5. We prohibit upland game hunting during refuge deer primitive firearm hunts. 6. We allow the use of squirrel and rabbit dogs only after the close of the State deer rifle season. Dog owners must place their name and phone number on the collars of all their dogs. 7. We require hunters participating in the special dog season for rabbits to wear a hunter-orange cap. C. Big Game Hunting. We allow hunting of white-tailed deer and turkey on designated areas of the refuge as depicted on the refuge hunting brochure map in accordance with State regulations subject to the following conditions: 1. Conditions A5 and A9 through A21 apply. 2. Hunters may enter the refuge no earlier than 4 a.m. and must exit no later than 2 hours after legal sunset for that day. 3. We restrict the use of all-terrain vehicles (ATVs) to designated trails from the first Saturday in September until the last day of refuge turkey season. We allow ATVs only for hunting, fishing, and other wildliferelated activities. ATVs will not exceed 25 mph when driven on the refuge. ATVs used on refuges will not exceed the following: Weight 750 lbs. (337.5 kg), length 85 inches (2.12 m), and width 48 inches (120 cm). We restrict ATV tires to those no larger than 25 inches (62.5 cm) x 12 inches (30 cm) with a maximum 1-inch (2.5 cm) lug height and a maximum allowable tire pressure of 7 p.s.i. as indicated on the tire by the manufacturer. 4. You may harvest only one buck or doe per day during the refuge archery VerDate Mar<15>2010 19:17 Sep 14, 2010 Jkt 220001 season. You may harvest only one buck or doe during each of the primitive firearm lottery deer hunts. Deer harvested on the refuge count towards the State bag limit. 5. We allow incidental take of raccoon, feral hog, beaver, nutria, and coyote while deer hunting with weapons authorized for use. 6. You may use only portable deer stands. Hunters may place deer stands on the refuge 1 day before the deer archery season and must remove them from the refuge within 1 day after the season closes. Hunters may place only one deer stand on the refuge, and deer stands must have the owner’s name, address, and phone number clearly printed on the stand. Hunters must place stands in a nonhunting position and at ground level when not in use. 7. All deer gun hunters must wear and display 400 square inches (2,600 cm2) of hunter orange and a hunter-orange cap during the deer gun seasons and lottery deer hunts. Deer hunters hunting from concealed ground blinds must display a minimum of 400 square inches of hunter orange above or around their blinds which is visible from 360 degrees. 8. There will be lottery deer primitive firearm hunts subject to refuge-specific dates, terms, and selection process, as outlined in the refuge hunting brochure. Applicants may not apply for more than one hunt. There is a $5 nonrefundable application fee per person for each hunt application. 9. We allow youth deer hunting in the closed area of the refuge during lottery youth deer gun hunts subject to the refuge-specific dates, terms, and selection process outlined in the refuge hunting brochure. Youths selected in prior years may not apply. 10. We prohibit all other hunting during refuge deer primitive firearm hunts as described in the refuge hunting brochure. 11. We prohibit the use of deer or turkey gobbler decoys. 12. We allow turkey hunting only during the first 16 days of the State season until 12 p.m. (noon). We prohibit incidental hunting of hog. We allow the use and possession of lead shot for turkey hunting (see §32.2(k)). 13. We prohibit the use of dogs to trail wounded deer. 14. We prohibit organized drives for taking or attempting to take game or the use of pursuit dogs. D. Sport Fishing. We allow fishing in designated areas as depicted in the refuge hunting brochure in accordance with State regulations subject to the following conditions: PO 00000 Frm 00034 Fmt 4701 Sfmt 4702 1. Conditions A14 through A21 and C3 apply. 2. We require anglers age 16 and older to purchase and carry a signed refuge special recreational activity permit (name/address/phone number only). 3. Anglers may enter the refuge no earlier than 4 a.m. and must exit no later than 2 hours after legal sunset for that day. 4. We allow fishing from legal sunrise to legal sunset. 5. We allow the use of ATVs on the designated trails to the Duck and Westcut Lake boat ramps from March 1 through October 15. 6. We allow sport fishing in Duck Lake, Westcut Lake, Lake Long, and in the immediate vicinity of the Lake Agnes drainage culverts on the Red River during March 1 through October 15 from legal sunrise to legal sunset. 7. We prohibit the use of gear or equipment other than hook and line to catch fish. 8. We prohibit the possession of cleaned or processed fish on the refuge. 9. We prohibit the harvest of frog, turtle, snake, or mollusk (see §27.21 of this chapter). 10. We prohibit crawfishing. * * * * * Red River National Wildlife Refuge A. Migratory Game Bird Hunting. We allow hunting of duck, goose, coot, woodcock, and dove on designated areas of the refuge as indicated in the refuge brochure in accordance with State regulations subject to the following conditions: 1. Hunters must possess and carry a signed refuge permit (signed refuge brochure). 2. We allow waterfowl and woodcock hunting on designated areas as indicated in the refuge brochure until 12 p.m. (noon) during the State season. 3. We allow dove hunting only during the first 3 days of the State season on all refuge lands as indicated in the refuge brochure. 4. Hunters may enter the refuge no earlier than 4 a.m. 5. We prohibit hunting within 150 feet (45 m) of any public road, refuge road, trail, or ATV trail, residence, building, aboveground oil or gas or electrical transmission facilities, or designated public facility. 6. We prohibit leaving boats, blinds, and decoys unattended. 7. We allow dogs only to locate, point, and retrieve when hunting for migratory game birds. 8. An adult at least age 21 must supervise youth hunters under age 16 during all hunts. One adult may supervise two youths during small game E:\FR\FM\15SEP2.SGM 15SEP2 srobinson on DSKHWCL6B1PROD with PROPOSALS2 Federal Register / Vol. 75, No. 178 / Wednesday, September 15, 2010 / Proposed Rules and migratory bird hunts but may supervise only one youth during big game hunts. Youth must remain within normal voice contact of the adult who is supervising them. Parents or adult guardians are responsible for ensuring that hunters under age 16 do not engage in conduct that would constitute a violation of refuge regulations. 9. We prohibit any person or group to act as a hunting guide, outfitter, or in any other capacity that any other individual(s) pays or promises to pay directly or indirectly for services rendered to any other person or persons hunting on the refuge, regardless of whether such payment is for guiding, outfitting, lodging, or club membership. 10. Hunters may use only approved nontoxic shot shotgun ammunition for hunting on the refuge (see §32.2(k)). 11. We prohibit the possession or distribution of bait or hunting with the aid of bait, including any grain, salt, mineral or other feed or nonnaturally occurring attractant on the refuge (see §32.2(h)). B. Upland Game Hunting. We allow hunting of quail, squirrel, rabbit, raccoon, and opossum on designated areas of the refuge as indicated in the refuge brochure in accordance with State regulations subject to the following conditions: 1. Conditions A1, A6, and A8 through A11 apply. 2. We allow hunting on all refuge lands on designated areas as indicated in the refuge brochure. 3. We prohibit the use of firearms (see §27.42 of this chapter) larger than .22 caliber rimfire, shotgun slugs, and buckshot while hunting on the refuge. 4. We allow hunting of raccoon and opossum during the daylight hours of rabbit and squirrel season. We allow night hunting during December and January, and you may use dogs for night hunting. We prohibit selling of raccoon and opossum taken on the refuge for human consumption. 5. We allow use of dogs to hunt squirrel and rabbit after December 31. 6. If you want to use horses and mules to hunt raccoon and opossum at night, you must first obtain a Special Use Permit (FWS Form 3-1383) at the refuge office. 7. Hunters may enter the refuge no earlier than 4 a.m. and must exit the refuge no later than 1 hour after legal shooting hours. C. Big Game Hunting. We allow hunting of white-tailed deer on designated areas of the refuge as indicated in the refuge brochure in accordance with State regulations subject to the following conditions: VerDate Mar<15>2010 19:17 Sep 14, 2010 Jkt 220001 1. Conditions A1, A6, A8 through A11, and B7 apply. 2. We allow only archery hunting. 3. We allow deer hunting on all refuge lands on designated areas as indicated in the refuge brochure. 4. The daily bag limit is one deer of either sex. The State season limit applies. 5. We allow use of portable deer stands as indicated in the refuge brochure. 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. D. Sport Fishing. We allow fishing on designated areas of the refuge as indicated in the refuge brochure in accordance with State regulations subject to the following conditions: 1. We prohibit leaving boats and other personal property on the refuge unattended. 2. We allow use of only electric trolling motors on all refuge waters. 3. You must tend trotlines daily. You must attach ends of trotlines by a length of cotton line that extends into the water. 4. We prohibit commercial fishing. Recreational fishing using commercial gear (slat traps, etc.) requires a special refuge permit that you must possess and carry available at the refuge office. 5. We prohibit the taking of alligator snapping turtle (see §27.21 of this chapter). Sabine National Wildlife Refuge A. Migratory Game Bird Hunting. We allow hunting of goose, duck, gallinule, and coot on designated areas of the refuge in accordance with State regulations subject to the following conditions: 1. We will open the refuge on selected days for migratory game bird hunting as identified in the refuge hunt permit and regulations brochure. 2. We require all hunters to possess and carry a valid signed refuge hunt permit (signed brochure) and regulations brochure. 3. We prohibit entrance to the hunting area earlier than 4 a.m. Shooting hours end at 12 p.m. (noon) each day. Hunters must remove all decoys and blinds from the hunting area by 1 p.m. and must leave the refuge no later than 1 hour after legal sunset. 4. Each hunter must complete and turn in a Migratory Bird Hunt Report (FWS Form 3-2361) from a self-clearing check station after each hunt. 5. You may access the hunt areas by boat using the boat launches at the West Cove Public Use Area or by access PO 00000 Frm 00035 Fmt 4701 Sfmt 4702 56393 through Burton Canal. You may access hunt areas by vehicle from Vastar Road or designated turnouts within the refuge public hunt area along State Highway 27 (see §27.31 of this chapter) unless otherwise posted. 6. We allow hand launching of small boats along Vastar Road (no trailers allowed). 7. We allow operation of outboard motors in designated refuge canals only. We allow trolling motors within the refuge marshes. 8. We prohibit air-thrust boats, personal motorized watercraft (e.g., Jet Skis), and ATVs on the refuge (see §27.31(f) of this chapter) unless otherwise posted. 9. We allow only portable blinds and those made of native vegetation. Hunters must remove portable blinds, decoys, spent shells, and all other personal equipment (see §§27.93 and 27.94 of this chapter) after each day’s hunt. 10. We prohibit hunting within 50 yards (45 m) of refuge canals, waterways, public roads, buildings, above-ground oil, gas or electrical transmission facilities, or designated public facilities. Hunting parties must maintain a distance of no less than 150 yards (135 m) away from another hunter. 11. We prohibit all persons or groups from acting as guides, outfitters, or in any other capacity in which any other individual(s) pay or promise 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. 12. We allow dogs when migratory bird hunting only for the purpose of locating, pointing and retrieving. 13. Persons possessing, transporting, or carrying firearms on national wildlife refuges must comply with all provisions of State and local law. Persons may only use (discharge) firearms in accordance with refuge regulations (see §27.42 and specific refuge regulations in part 32). 14. We prohibit the use or possession of alcoholic beverages while hunting (see §32.2(j)). 15. We prohibit overnight camping on the refuge. 16. An adult at least age 21 must supervise youth hunters under age 16 during all hunts. One adult may supervise two youths during small game and migratory bird hunts. Youth must remain within normal voice contact of the adult who is supervising them. Parents or adult guardians are responsible for ensuring that hunters under age 16 do not engage in conduct E:\FR\FM\15SEP2.SGM 15SEP2 56394 Federal Register / Vol. 75, No. 178 / Wednesday, September 15, 2010 / Proposed Rules that would constitute a violation of refuge regulations. B. Upland Game Hunting. [Reserved] srobinson on DSKHWCL6B1PROD with PROPOSALS2 C. Big Game Hunting. [Reserved] D. Sport Fishing. We allow fishing, crabbing, and cast netting in designated areas of the refuge in accordance with State regulations subject to the following conditions: 1. Bank and wharf access for fishing are available year-round at the Public Use Areas along State Highway 27. Anglers may access the refuge for fishing by boat only during the March 15 to October 15 open period. You may launch boats at designated boat ramps only. 2. We allow fishing with a rod and reel, pole and line, or jug and line. We prohibit possession of any other type of fishing gear, including limb lines, gill nets, or trot lines. Jug line limit is up to 10 per boat, and you must attend them at all times. The angler must mark all jugs with their fishing license number (State requirement) and remove the jugs (see §27.93 of this chapter) from the refuge daily. 3. We allow hand launching of nonmotorized boats into Units 1A and 1B from Blue Crab Recreation Area for recreational paddling year-round. We prohibit fishing October 16 through March 14. 4. We allow operation of outboard motors in designated refuge canals and Management Unit 3 (40 hp maximum in Unit 3). We allow use of trolling motors within the refuge marshes. 5. Conditions A8, A11 (fishing guide), and A15 apply. 6. Anglers can travel the refuge by boat from 1 hour before legal sunrise until 1 hour after legal sunset in order to access fishing areas. We prohibit fishing activities, however, before legal sunrise and after legal sunset. 7. Crabbing: We allow recreational crabbing in designated areas of the refuge subject to the following conditions: i. We allow only recreational crabbing with cotton hand lines or drop nets up to 24 inches (60 cm) outside diameter. We prohibit using floats on crab lines. ii. Anglers must remove all hand lines, drop nets, and bait (see §27.93 of this chapter) from the refuge upon leaving. iii. We allow a daily limit of 5 dozen (60) crabs per vehicle or boat. 8. Cast Netting: We allow recreational cast netting in designated areas of the refuge subject to the following conditions: i. We allow recreational cast netting from 12 p.m. (noon) to legal sunset VerDate Mar<15>2010 19:17 Sep 14, 2010 Jkt 220001 during the Louisiana Inshore Shrimp Season. ii. Anglers must empty cast nets directly into container from net. Anglers must immediately return all incidental take (by catch) to the water before continuing to cast net. iii. The daily shrimp limit during the Louisiana Inshore shrimp season is 5 gallons (19 L) of heads-on shrimp per day, per vehicle or boat. iv. The daily bait shrimp limit is one gallon (3.8 L) per day, per boat, outside the Louisiana inshore shrimp season, and before 12 p.m. (noon) during the Louisiana inshore shrimp season. v. Shrimp must remain in your actual custody while on the refuge. vi. We allow cast netting from the banks and wharves at designated refuge recreation areas or sites along Hwy. 27 that provide developed safe access and that we do not post and sign as closed areas. vii. We prohibit cast netting at or around any recreation area and boat launch not designated as open for cast netting. viii. We allow cast netting throughout the refuge except where posted and signed as closed. ix. We prohibit reserving a place or saving as space for yourself or others by any means to include placing unattended equipment in designated cast-netting areas. x. We prohibit swimming and/or wading in the refuge canals and waterways. 9. We prohibit the taking of turtle (see §27.21 of this chapter). Tensas River National Wildlife Refuge A. Migratory Game Bird Hunting. We allow hunting of duck, coot, woodcock, and snipe on designated areas of the refuge in accordance with State regulations subject to the following conditions: 1. We allow hunting of duck and coot on Tuesdays, Thursdays, Saturdays, and Sundays until 12 p.m. (noon) during the State season. We prohibit migratory bird hunting during refuge gun hunts for deer. 2. We allow refuge hunters to enter the refuge no earlier than 4 a.m., and they must leave no later than 2 hours after legal sunset unless they are participating in the refuge nighttime raccoon hunt. 3. In areas posted ‘‘Area Closed’’ or ‘‘No Waterfowl Hunting Zone,’’ we prohibit hunting of migratory birds at any time. The Public Use Regulations brochure will be available at the refuge headquarters no later than August. 4. We allow shotguns equipped with a single-piece magazine plug that allows PO 00000 Frm 00036 Fmt 4701 Sfmt 4702 the gun to hold no more than two shells in the magazine and one in the chamber. We prohibit target practicing or shooting to unload modern firearms on the refuge at any time. Shotgun hunters must possess only an approved nontoxic shot when hunting migratory birds (see §32.2(k)). Persons possessing, transporting, or carrying firearms on national wildlife refuges must comply with all provisions of State and local law. Persons may only use (discharge) firearms in accordance with refuge regulations (see §27.42 and specific refuge regulations in part 32). 5. We prohibit permanent or pit blinds on the refuge. You must remove all blind materials and decoys by 1 p.m. daily. 6. We allow nonmotorized boats, electric motors, and boats with motors 10 hp or less in refuge lakes, streams, and bayous. Boaters must follow State boating regulations, including those for navigation lights. We prohibit boat storage on the refuge. Hunters/anglers must remove boats daily (see §27.93 of this chapter). 7. We prohibit possession or distribution of bait while in the field and hunting with the aid of bait, including any grain, salt, minerals, or any nonnaturally occurring food attractant while on the refuge at any time (see §32.2(h)). 8. We allow all-terrain vehicle (ATV) travel on designated trails for access typically from September 15 to the last day of the refuge squirrel season. We open designated trails from 4 a.m. to no later than 2 hours after legal sunset unless otherwise specified. We define an ATV as an off-road vehicle (not legal for highway use) with factory specifications not to exceed the following: Weight 750 pounds (337.5 kg), length 85 inches (212.5 cm), and width 48 inches (120 cm). We restrict ATV tires to those no larger than 25 inches (62.5 cm) x 12 inches (30 cm) with a 1-inch (2.5 cm) lug height and maximum allowable tire pressure of 7 psi. We require a permanently affixed refuge ATV permit that hunters may obtain from the refuge headquarters, typically in July. Hunters/anglers using the refuge physically challenged allterrain trails must possess the State’s Physically Challenged Program Hunter Permit or be age 60 or older. Additional physically challenged access information will be available at the refuge headquarters. 9. While visiting the refuge, we prohibit: use of artificial light to locate wildlife (see §27.73 of this chapter), littering (see §27.94 of this chapter), fires (see §27.95 of this chapter), trapping, man-drives for game, use or E:\FR\FM\15SEP2.SGM 15SEP2 srobinson on DSKHWCL6B1PROD with PROPOSALS2 Federal Register / Vol. 75, No. 178 / Wednesday, September 15, 2010 / Proposed Rules possession of alcoholic beverages while hunting (see §§32.2(j) and 27.81 of this chapter), flagging, engineers tape, paint, unleashed pets (see §26.21(b) of this chapter), and parking/blocking trail and gate entrances (see §27.31(h) of this chapter). We also prohibit hunting or shooting within 150 feet (45 m) of a designated public road, maintained road, trail, fire breaks, dwellings, and above-ground oil and gas production facilities. We define a maintained road or trail as one which has been mowed, disked, or plowed. 10. We prohibit field dressing of game within 150 feet (45 m) of parking areas, maintained roads, and trails. 11. An adult at least age 21 must supervise youth hunters under age 16 during all hunts. One adult may supervise two youths during small game and migratory bird hunts but may supervise only one youth during big game hunts. Youth must remain within normal voice contact of the adult who is supervising them. Parents or adult guardians are responsible for ensuring that hunters under age 16 do not engage in conduct that would constitute violation of refuge regulations. B. Upland Game Hunting. We allow hunting of raccoon, squirrel, and rabbit on designated areas of the refuge in accordance with State regulations subject to the following conditions: 1. We allow nighttime raccoon hunting beginning typically the fourth Saturday in December and typically ending the fourth Sunday in January. We allow raccoon hunters to hunt from legal sunset to legal sunrise with the aid of dogs, horses, mules, and use of lights. We allow such use of lights on the refuge only at the point of kill. We prohibit all other use of lights for hunting on the refuge. Hunt dates will be available at refuge headquarters typically in July. We prohibit ATVs during the raccoon hunt. Hunters must attempt to take treed raccoons. 2. We allow squirrel and rabbit hunting with and without dogs. We will allow hunting without dogs from the beginning of the State season to a date typically ending the day before the refuge deer primitive firearms hunt. We do not require hunters to wear hunter orange during the squirrel and rabbit season without dogs. Squirrel and rabbit hunting with or without dogs will begin typically the second Monday in December and will conclude January 31. We require a minimum of a solidhunter-orange cap during the squirrel season with or without dogs. We allow no more than three dogs per hunting party. 3. We close squirrel and rabbit hunting during the following gun hunts VerDate Mar<15>2010 19:17 Sep 14, 2010 Jkt 220001 for deer: refuge-wide youth hunt, primitive firearms hunt, and modern firearms hunt. 4. In areas posted ‘‘Area Closed’’ and ‘‘No Hunting Zone,’’ we prohibit upland game hunting at any time. 5. When hunting we allow .22 caliber and smaller rimfire weapons and shotguns equipped with a single-piece magazine plug that allows the shotgun to hold no more than two shells in the magazine and one in the chamber. We prohibit target practicing or shooting to unload modern firearms on the refuge at any time. Shotgun hunters must possess only an approved nontoxic shot when hunting upland game (see §32.2(k)). Persons possessing, transporting, or carrying firearms on national wildlife refuges must comply with all provisions of State and local law. Persons may only use (discharge) firearms in accordance with refuge regulations (see §27.42 and specific refuge regulations in part 32). 6. Conditions A2, A6, A7, A8, A9, A10, and A11 apply. C. Big Game Hunting. We allow hunting of white-tailed deer and turkey on designated areas of refuges in accordance with State regulations subject to the following conditions: 1. Deer archery season will begin the first Saturday in November and will conclude on January 31. We prohibit archery hunting during the following refuge-wide deer hunts: youth gun hunt and modern firearms hunts. We prohibit possession of pods, drug-tipped arrows, or other chemical substances. 2. The deer primitive firearms season will occur between November 1 and January 31. Legal primitive firearms for primitive season include: i. Rifles, .44 caliber minimum, all of which must load exclusively from the muzzle or cap and ball cylinder; use of black powder or approved substitute only; use of ball or bullet projectile only, including saboted bullets, including muzzleloaders known as ‘‘in line’’ muzzleloaders; and ii. Single-shot, breech-loading rifles, .38 caliber or larger of a kind or type manufactured prior to 1900 and relics, reproductions, or reintroductions of that type of rifle having an exposed hammer that use metallic cartridges loaded with black powder or modern smokeless powder. 3. During the deer primitive firearms season, hunters may fit any legal primitive firearms with magnified scopes. We will allow hunters using primitive weapons described as muzzleloader (including in-line) (see 2.i.) to hunt reforested areas. We will prohibit hunters using primitive weapons described in 2.ii. to hunt in reforested areas. PO 00000 Frm 00037 Fmt 4701 Sfmt 4702 56395 4. We will conduct two quotamodern-firearms hunts for deer typically in the months of November and/or December. Hunt dates and permit application (Quota Deer Hunt Application FWS Form 3-2354) procedures will be available at refuge headquarters no later than August. We restrict hunters using a primitive firearm during this hunt access to areas where we allow modern firearms. We prohibit hunting and/or shooting into or across any reforested area during the quota hunt for deer. We require a quota hunt permit for these hunts. 5. We will conduct guided quota youth deer hunts and guided quota deer hunts for the wheelchair-bound in the Greenlea Bend area typically in December and January. Hunt dates and permit application procedures will be available at the refuge headquarters typically in July. For this specific hunt, we consider youth to be ages 8 through 15. 6. We will conduct a refuge-wide youth deer hunt. Hunt dates will be available at refuge headquarters typically in July. An adult at least age 21 must supervise youth hunters under age 16 during all hunts. One adult may supervise two youths during small game and migratory bird hunts but may supervise only one youth during big game hunts. Youth must remain within normal voice contact of the adult who is supervising them. Parents or adult guardians are responsible for ensuring that hunters under age 16 do not engage in conduct that would constitute violation of refuge regulations. 7. Hunters may take only one deer (one buck or one doe) per day during refuge deer hunts except during guided youth and wheelchair-bound hunts where the limit will be one antlerless and one antlered deer per day. 8. We allow turkey hunting the first 16 days of the State turkey season. We will conduct a youth turkey hunt the Saturday and Sunday before the regular State turkey season. Hunters may harvest two bearded turkeys per season. We allow the use and possession of lead shot while turkey hunting on the refuge (see §32.2(k)). We allow use of nonmotorized bicycles on designated all-terrain vehicle trails. Although you may hunt turkey without displaying a solid-hunter-orange cap or vest during your turkey hunt, we do recommend its use. 9. Conditions A2, A6, A7, A8, A9, and A10 apply. 10. In areas posted ‘‘Area Closed’’ or ‘‘No Hunting Zone,’’ we prohibit big game hunting at any time. We close ‘‘Closed Areas’’ (designated on the Public Use Regulations brochure map) E:\FR\FM\15SEP2.SGM 15SEP2 srobinson on DSKHWCL6B1PROD with PROPOSALS2 56396 Federal Register / Vol. 75, No. 178 / Wednesday, September 15, 2010 / Proposed Rules to all hunts. We prohibit shooting into or across any closed area with a gun or archery equipment. 11. We prohibit any hunter from using climbing spikes or to hunt from a tree that contains screw-in steps, nails, screw-in umbrellas, or any metal objects that could damage trees (see §32.2(i)). 12. We allow muzzleloader hunters to discharge their primitive firearms at the end of each hunt safely into the ground at least 150 feet (135 m) from any designated public road, maintained road, trail, fire break, dwelling, or above-ground oil and gas production facility. We define a maintained road or trail as one that has been mowed, disked, or plowed, or one that is free of trees. 13. We prohibit deer hunters leaving deer stands unattended before the opening day of the refuge archery season. Hunters must remove stands by the end of the last day of the refuge archery season (see §27.93 of this chapter). Hunters must clearly mark stands left unattended on the refuge with the name and address of the stand owner. Hunters must remove portable stands from trees daily and place freestanding stands in a nonhunting position when unattended. 14. We require deer hunters using primitive firearms or modern firearms to display a solid-hunter-orange cap on their head and a solid-hunter-orange vest over their outermost garment covering their chest and back. Hunters must display the solid-hunter-orange items the entire time while in the field. 15. We require primitive firearms and modern firearms hunters using ground blinds to display outside of the blind 400 square inches (2,600 cm2) of hunter orange, which is visible from all sides of the blind. Hunters must wear orange vests and hats as their outermost garments while inside the blind. 16. We allow hunting with slugs, rifle, or pistol ammunition larger than .22 caliber rimfire only during the quota hunts for deer. We prohibit use of buckshot when hunting. Persons possessing, transporting, or carrying firearms on national wildlife refuges must comply with all provisions of State and local law. Persons may only use (discharge) firearms in accordance with refuge regulations (see §27.42 and specific refuge regulations in §32). 17. We require that hunters tag all deer and turkey per State tagging requirements. D. Sport Fishing. We allow fishing on designated areas of the refuge in accordance with State regulations subject to the following conditions: 1. We allow anglers to enter the refuge no earlier than 4 a.m., and they must VerDate Mar<15>2010 19:17 Sep 14, 2010 Jkt 220001 depart no later than 2 hours after legal sunset. 2. In areas open to fishing, State creel limits and regulations apply. 3. We prohibit the taking of turtle (see §27.21 of this chapter). 4. Conditions A6, A7, and A9 apply. 5. We prohibit fish cleaning within 150 feet (45 m) of parking areas, maintained roads, and trails. Upper Ouachita National Wildlife Refuge A. Migratory Game Bird Hunting. We allow hunting of waterfowl (duck, goose, coot, gallinule, rail, snipe), woodcock, and dove on designated areas of the refuge as indicated in the refuge brochure in accordance with State regulations subject to the following conditions: 1. Hunters must possess and carry a signed refuge permit (signed refuge brochure). 2. We allow waterfowl hunting on designated areas as indicated in the refuge brochure. 3. We allow woodcock hunting on designated areas as indicated in the refuge brochure. 4. We allow dove hunting during the first 3 days of the State season on designated areas as indicated in the refuge brochure. * * * * * 11. An adult at least age 21 must supervise youth hunters under age 16 during all hunts. One adult may supervise two youths during small game and migratory bird hunts but may supervise only one youth during big game hunts. Youth must remain within normal voice contact of the adult who is supervising them. Parents or adult guardians are responsible for ensuring that hunters under age 16 do not engage in conduct that would constitute a violation of refuge regulations. ***** B. Upland Game Hunting. We allow hunting of quail, squirrel, rabbit, raccoon, beaver, coyote, and opossum on designated areas of the refuge as indicated in the refuge brochure in accordance with State regulations subject to the following conditions: * * * * * 2. We allow hunting in designated areas only. 3. We prohibit taking small game with firearms larger than .22 caliber rimfire, shotgun slugs, and buckshot. * * * * * C. Big Game Hunting. * * * 1. Conditions A1, A8, A9, A11, A12 (to hunt big game), and B7 apply. * * * * * PO 00000 Frm 00038 Fmt 4701 Sfmt 4702 3. We allow deer and feral hog hunting on designated area as indicated in the refuge brochure. * * * * * D. Sport Fishing. We allow fishing on designated areas of the refuge as indicated in the refuge brochure in accordance with State regulations subject to the following conditions: * * * * * 4. You must tend trotlines and yo-yos daily. You must attach ends of trotlines by a length of cotton line that extends into the water. * * * * * 7. We prohibit launching boats from areas other than designated boat launches within the Mollicy unit. 8. We prohibit the possession of juglines, limblines, and snag hooks. 14. Amend §32.39 Maryland by: a. Revising Blackwater National Wildlife Refuge; b. Revising paragraphs C. and D. of Eastern Neck National Wildlife Refuge; and c. Revising paragraphs A.9. through A.12., B., C.1., C.2., C.4. through C.6., C.8., C.9., C.13. through C.15., and D. of Patuxent Research Refuge to read as follows: §32.39 * Maryland. * * * * Blackwater National Wildlife Refuge A. Migratory Game Bird Hunting. We allow hunting of goose and duck on designated areas of the refuge in accordance with State regulations subject to the following conditions: 1. We require you to submit a Waterfowl Lottery Application (FWS Form 3-2355) to be selected to hunt waterfowl. If you are selected, we require you to then obtain a permit (name/address/signature required). Hunting brochures containing hunting application procedures, seasons, bag limits, methods of hunting, maps depicting areas open to hunting, and the terms and conditions under which we issue hunting permits are available at the refuge administration office and on the refuge’s website. 2. We require you to abide by the terms and conditions of the refuge permit and brochure. Hunters may have their permits revoked if they are found to be in violation of §32.2 or other Federal and State laws. 3. We allow only hunters possessing a permit issued by the refuge to hunt/ scout during designated days. 4. Except in accordance with condition A5, we require hunters to possess a valid Maryland hunting license and all required stamps, a valid E:\FR\FM\15SEP2.SGM 15SEP2 Federal Register / Vol. 75, No. 178 / Wednesday, September 15, 2010 / Proposed Rules government-issued photo identification, and a valid hunting permit issued by the refuge at all times while on refuge property. 5. We require hunters accompanying a permit holder as part of a hunt party to possess a valid Maryland hunting license and all required stamps, and a valid government-issued photo identification at all times while on refuge property. 6. You must remove all hunting blind materials and decoys (see §27.93 of this chapter) at the end of each hunting day. 7. We allow hunters to access hunting areas only by boat, unless otherwise authorized by the refuge manager. 8. We prohibit the use of all-terrain vehicles (ATVs) or amphibious vehicles of any type. 9. We prohibit the use of air boats on the refuge. 10. We encourage hunters to use trained dogs to retrieve game on designated waterfowl hunt days at designated blind areas. We require that hunters confine dogs not engaged in retrieving waterfowl to a vehicle, boat, kennel, blind area, or other container. 11. We require all hunters to remain within 50 feet (15 m) of the designated hunt site while hunting. srobinson on DSKHWCL6B1PROD with PROPOSALS2 B. Upland Game Hunting. [Reserved] C. Big Game Hunting. We allow the hunting of white-tailed and sika deer and turkey on designated areas of the refuge in accordance with State regulations subject to the following conditions: 1. We require you to submit a Big/ Upland Game Hunt Application (FWS Form 3-2356) and/or a Quota Deer Hunt Application (FWS Form 3-2354) to be selected to hunt on the refuge. If you are selected, we require you to then obtain a permit (name/address/signature required). Hunting brochures containing hunting application procedures, seasons, bag limits, methods of hunting, maps depicting areas open to hunting, and the terms and conditions under which we issue hunting permits are available at the refuge administration office and on the refuge’s website. 2. We allow only hunters possessing a permit issued by the refuge to hunt/ scout during designated days. 3. We require hunters to possess a valid Maryland hunting license and all required stamps, a valid governmentissued photo identification, and a valid hunting permit issued by the refuge at all times while on refuge property. 4. We require hunters to notify a refuge representative if they need to enter a closed area to retrieve game. VerDate Mar<15>2010 19:17 Sep 14, 2010 Jkt 220001 5. We prohibit the use of rimfire or centerfire rifles and handguns for hunting. 6. We prohibit the use of boats, ATVs, motorized off-road vehicles, and amphibious vehicles to access the refuge unless authorized by the refuge manager for use by disabled hunters. 7. We require hunters participating during muzzleloader and shotgun hunts to wear a minimum of 400 square inches (2,600 cm2) of solid-colored-daylightfluorescent-orange clothing on their head, chest, and back. We require hunters to wear an orange hat at all times. 8. We require the use of a temporary tree stand that elevates you a minimum of 8 feet (240 cm) above the ground for hunting in designated areas. 9. We prohibit screw-in steps, spikes, or other objects that may damage trees (see §32.2(i)). 10. We prohibit hunting from a permanently constructed tree stand or blind. 11. We require you to remove all stands and blinds within 24 hours of legal sunset of the final hunting day of the season. We are not responsible for damage, theft, or use of the stand by other hunters (see §27.93 of this chapter). 12. We prohibit organized deer drives, unless otherwise authorized by the refuge manager. 13. Hunters may use marking devices, including flagging or tape, but they must remove them within 24 hours of legal sunset of the final hunting day of the season (see §27.93 of this chapter). 14. We require all disabled hunters to provide certification of their disability. 15. Disabled persons may have an assistant during the hunt on designated areas of the refuge. Persons assisting disabled hunters must be at least age 18 and obey all refuge, State, and Federal laws and regulations. Persons assisting disabled hunters must not be afield with a hunting firearm, bow, or other hunting device. 16. Hunters may use bicycles to access hunt areas on designated hunt/ scout days. We prohibit hunters taking bicycles off of designated roads and trails while on refuge lands. 17. We require that you abide by the terms and conditions of the refuge permit and brochure. Hunters may have their permits revoked if we find them to be in violation of §32.2 or other Federal and State laws. D. Sport Fishing. We allow fishing and crabbing on designated areas of the refuge in accordance with State regulations subject to the following conditions: PO 00000 Frm 00039 Fmt 4701 Sfmt 4702 56397 1. We allow fishing and crabbing only from April 1 through September 30 during daylight hours in refuge waters, unless otherwise authorized by the refuge manager. 2. We allow fishing and crabbing from boats and from the Key Wallace roadway (bridge) across the Little Blackwater River, unless otherwise authorized by the refuge manager. 3. We require you to possess a valid Maryland sport fishing license, all required stamps, and a valid, government-issued photo identification while fishing on the refuge. We do not require a refuge permit to fish on the refuge. 4. We require anglers to attend all fish and crab lines. 5. We prohibit boat launching from refuge lands except for canoes/kayaks at the canoe/kayak ramp located near the Blackwater River Bridge on Route 335. 6. We prohibit the use of airboats on refuge waters. Eastern Neck National Wildlife Refuge * * * * * C. Big Game Hunting. We allow hunting of white-tailed deer and turkey on designated areas of the refuge in accordance with State hunting regulations subject to the following conditions: 1. We require hunters to submit a Big Game Hunt Application (FWS Form 32356) to be selected to hunt on the refuge. We require you to obtain a permit (name/address/signature required). Hunting brochures containing hunting application procedures, seasons, bag limits, methods of hunting, maps depicting areas open to hunting, and the terms and conditions under which we issue hunting permits are available at the refuge administration office and on the refuge’s website. 2. We allow only hunters possessing a permit issued by the refuge to hunt/ scout during designated days. 3. We require hunters to possess a valid Maryland hunting license and all required stamps, a valid governmentissued photo identification, and a valid hunting permit issued by the refuge at all times while on refuge property. 4. We require hunters to notify a refuge representative if they need to enter a closed area to retrieve game. 5. We prohibit the use of rimfire or centerfire rifles and handguns for hunting. 6. We prohibit the use of boats, ATVs, motorized off-road vehicles, and amphibious vehicles to access the refuge, unless authorized by the refuge manager for use by disabled hunters. 7. We require a minimum of 400 square inches (2,600 cm2) of solid- E:\FR\FM\15SEP2.SGM 15SEP2 srobinson on DSKHWCL6B1PROD with PROPOSALS2 56398 Federal Register / Vol. 75, No. 178 / Wednesday, September 15, 2010 / Proposed Rules colored-daylight-fluorescent-orange clothing to be worn on the head, chest, and back of all hunters participating during muzzleloader and shotgun hunts. We require you to wear an orange hat at all times. 8. We prohibit screw-in steps, spikes, or other objects that may damage trees (see §32.2(i)). 9. We prohibit hunting from a permanently constructed tree stand or blind. 10. We require you to remove all stands and blinds within 24 hours of legal sunset of the final hunting day of the season. We are not responsible for damage, theft, or use of the stand by other hunters (see §27.93 of this chapter). 11. We allow use of marking devices, including flagging or tape, but hunters must remove them within 24 hours of legal sunset of the final hunting day of the season (see §27.93 of this chapter). We prohibit paint or any other permanent marker to mark trails. 12. We require all disabled hunters to provide certification of their disability. 13. Disabled persons may have an assistant during the hunt on designated areas of the refuge. Persons assisting disabled hunters must be at least age 18 and obey all refuge, State, and Federal laws and regulations. Persons assisting disabled hunters must not be afield with a hunting firearm, bow, or other hunting device. 14. We require that you abide by the terms and conditions of the refuge permit and brochure. Hunters may have their permits revoked if we find them to be in violation of §32.2 or other Federal and State laws. 15. We allow parking only in designated parking areas. 16. We prohibit hunting in the No Hunting Zones. D. Sport Fishing. We allow fishing and crabbing in designated areas of the refuge in accordance with State regulations subject to the following conditions: 1. We allow fishing and crabbing from Eastern Neck Island bridge and from the boardwalk adjacent to that bridge. 2. We allow fishing and crabbing at the Ingleside Recreation Area only from April 1 through September 30 during daylight hours. 3. We allow fishing from the Boxes Point and Duck Inn Trails only during daylight hours. 4. We require you to possess a valid Maryland sport fishing license and all required stamps and a valid government-issued photo identification while fishing on the refuge. We do not require a refuge permit to fish on the refuge. VerDate Mar<15>2010 19:17 Sep 14, 2010 Jkt 220001 Patuxent Research Refuge A. Migratory Game Bird Hunting. * * * * * * * * 9. We prohibit hunting on or across any road (paved, gravel, dirt, opened, and/or closed), within 50 yards (45 m) of a road (paved, gravel, dirt, opened and/or closed), within 150 yards (135 m) of any building or shed, and within 25 yards (22.5 m) from any designated ‘‘No Hunting’’ or ‘‘Safety Zone’’ areas, except: i. You may hunt only from the road 50 yards (135 m) beyond the gate at Blue Heron Pond. ii. You may hunt from the road 50 yards (135 m) beyond the barricade at Wood Duck Pond. iii. You may hunt from any refuge permanent photo/hunt blind. iv. You may hunt from the roadside, at designated areas, if you possess a Maryland State ‘‘Hunt from a Vehicle Permit.’’ v. You may hunt waterfowl from the roadside at the five designated hunting blind sites at Lake Allen. vi. You may hunt waterfowl from the roadside in the designated posted portion, 77 yards (69 m), of Wildlife Loop at Bailey Marsh. 10. You must wear fluorescent orange in accordance with State regulations subject to the additional following conditions: i. Your fluorescent orange must be visible 360 degrees while carrying-in and carrying-out equipment (e.g., portable blinds). ii. ‘‘Jump shooters’’ must wear at least a solid-colored, fluorescent-hunterorange cap while hunting. If you stop and stand, you may remove it. 11. We allow the taking of only Canada goose during the early and late resident Canada goose seasons. Resident Canada goose hunters may hunt on Range 1 and Lake Allen in Area ‘‘D’’ during the early resident season Monday through Thursday, from c hour before legal sunrise to 12 pm (noon). We will open areas D, E, F, and G Monday through Thursday from c hour before legal sunrise until 8 am. On Fridays and Saturdays, we will open Areas D, E, F, and G all day. 12. We prohibit goose, duck, and dove hunting during the early deer muzzleloader season, youth deer hunts, and deer firearms seasons. However, Blue Heron Pond, Lake Allen, and Area Z will remain open for ducks during the early muzzleloader season and for Junior Duck hunters during the Junior Waterfowl hunt day. Hunters may harvest these species during the late muzzleloader season. * * * * * PO 00000 Frm 00040 Fmt 4701 Sfmt 4702 B. Upland Game Hunting. We allow hunting of turkey, gray squirrel, eastern cottontail rabbit, and woodchuck on the North Tract and turkey on the Central Tract in accordance with State regulations subject to the following conditions: 1. Conditions A1 through A9 apply. 2. Hunters may possess only approved nontoxic shot while in the field (see §32.2(k)). 3. We prohibit hunting of upland game during the deer muzzleloader and firearms seasons, including the youth deer hunts. 4. Hunters must wear fluorescent orange in accordance with State regulations. 5. We restrict spring turkey hunters to shotguns loaded with #4, #5, or #6 nontoxic shot, crossbows, or vertical bows. 6. We select turkey hunters by a computerized lottery for youth, disabled, mobility impaired, and general public hunts. We require documentation for disabled and mobility-impaired hunters. 7. We require turkey hunters to show proof they have attended a turkey clinic sponsored by the National Turkey Federation. 8. We require turkey hunters to pattern their weapons prior to hunting. Contact refuge headquarters for more information. 9. We prohibit the use of dogs to hunt upland game. C. Big Game Hunting. * * * 1. Conditions A1 through A9 apply. 2. Prior to issuing hunting permit, we require you to pass a yearly proficiency test with each weapon used. See A1 for issuing information. * * * * * 4. We require hunters to secure longbows, recurve bows, compound bows, and crossbows, with weapons inaccessible, and/or cased, with no arrows nocked, while inside the vehicle. 5. We prohibit possession or use of buckshot for hunting. 6. You must wear fluorescent orange in accordance with State regulations subject to the additional following conditions: i. Your fluorescent orange must be visible 360 degrees while carrying-in and carrying-out equipment (e.g., portable tree stands). ii. We require bow hunters to wear 250 square inches (1,625 cm2) of solidfluorescent orange when walking from their vehicle to their hunting location and while tracking. iii. We require bow hunters hunting during the North Tract youth deer hunts E:\FR\FM\15SEP2.SGM 15SEP2 srobinson on DSKHWCL6B1PROD with PROPOSALS2 Federal Register / Vol. 75, No. 178 / Wednesday, September 15, 2010 / Proposed Rules to wear 250 square inches of solidfluorescent orange. ***** 8. All deer harvested will have a jaw extracted at the hunter check station before leaving the refuge. 9. We allow the use of portable tree stands with full-body safety harnesses on the refuge. Hunters must use portable tree stands and at minimum of 10 feet (3 m) off the ground at Schafer Farm, Central Tract, and South Tract. Hunters must remove all tree stands when not in use (see §27.93 of this chapter). We will make limited accommodations for disabled hunters for Central Tract lottery hunts. We allow ground blinds only at North Tract. * * * * * 13. North Tract: We allow shotgun, muzzleloader, and bow hunting in accordance with the following regulations: Conditions C1 through C12 apply. 14. Central Tract: i. Headquarters/MR Lottery Hunt: We allow only shotgun and bow hunting in accordance with the following regulations: a. Conditions C1, C2, and C4 through C12 apply. b. We select Central Tract shotgun and bow hunters by a computerized lottery. We will assign you a specific hunting location. ii. Schafer Farm Hunt: We allow bow hunting only in accordance with the following regulations: Conditions C1, C2, and C4 through C12 apply. 15. South Tract: We allow shotgun, muzzleloader, and bow hunting in accordance with the following regulations: i. Conditions C1 through C12 apply. ii. You must access South Tract hunting areas A, B, and C off Springfield Road through the Old Beltsville Airport; and South Tract hunting area D from MD Rt. 197 through Gate #4. You must park in designated parking areas. iii. We prohibit driving or parking along the entrance and exit roads to and from the National Wildlife Visitor Center, and parking in the visitor center parking lot when checked in to hunt any area. D. Sport Fishing. We allow sport fishing in accordance with State hook and line fishing regulations subject to the following conditions: 1. We require all anglers, age 16 and older, to obtain a free Fishing Application (FWS Form 3-2358) as well as a Maryland State fishing license, which they must carry with them at all times while fishing. 2. We require anglers age 17 or younger to have a parent or guardian cosign to receive a fishing permit. VerDate Mar<15>2010 19:17 Sep 14, 2010 Jkt 220001 3. An adult age 21 or older possessing a fishing permit must accompany anglers age 17 or younger. They must maintain visual contact with each other within a 50-yard (45-m) distance. 4. We publish the Refuge Fishing Regulations, which include the daily and yearly creel limits and fishing dates, in early January. We provide a copy of the regulations with your free refuge fishing permit, and we require you to know the specific fishing regulations. 5. Anglers must carry a copy of their refuge fishing permit and their Maryland State fishing license in the field. 6. Anglers must display a fishing pass (received once they fill out the Fishing Application) in their vehicle windshield. 7. We prohibit the use and/or possession of lead sinkers. 8. We prohibit the use or possession of alcoholic beverages (see §27.81 of this chapter). 9. We prohibit the following activities: Swimming, sunbathing, littering, camping, campfires, picnicking, and disturbance to or removal of vegetation or wildlife (see §27.51 of this chapter). 10. We require anglers to keep all pets on a leash no longer than 10 feet (3 m) (see §26.21(b) of this chapter). We prohibit pets from being in any refuge waterways. 11. Anglers may take three youths, age 15 or younger, to fish under the adult’s permit and in the presence and control of the adult. They must maintain visual contact with each other within a 50-yard (45-m) distance. 12. Organized groups need a Fishing Application (FWS Form 3-2358). The group leader must carry a copy of the application/pass and stay with the group at all times while fishing. 13. We allow the use of earthworms as the only source of live bait. We prohibit bloodworms, fish, or other animals or parts of animals to be used as bait. 14. We prohibit harvesting bait on the refuge. 15. Anglers must attend all fishing lines. 16. Anglers may take the following species: chain pickerel, catfish, golden shiner, eel, and sunfish (includes bluegill, black crappie, warmouth, and pumpkinseed). Maryland State daily harvest limits apply unless otherwise noted. i. All bluegill taken must be 6 inches (15 cm) or larger. ii. We allow take of one chain pickerel per day. iii. Anglers must release all bass that they catch. PO 00000 Frm 00041 Fmt 4701 Sfmt 4702 56399 17. We prohibit fishing from all bridges except the downstream side of Bailey Bridge. 18. North Tract: We allow sport fishing in accordance with the following regulations: i. Conditions D1 through D17 apply. ii. We allow sport fishing year-round at Lake Allen, Rieve’s Pond, New Marsh, Cattail Pond, and Little Patuxent River (downstream only from Bailey’s Bridge) except Mondays through Saturdays from September 1 through January 31 during the hunting season. We also reserve the right to close Lake Allen at any time. iii. We allow wading, for fishing purposes only, downstream from Bailey Bridge on the Little Patuxent River. We prohibit wading in all other bodies of water. iv. We prohibit the use of any type of watercraft. 19. South Tract: We allow sport fishing in accordance with the following regulations: i. Conditions D1 through D16 apply. ii. Anglers must park their vehicles in the parking lot located behind Refuge Gate #8 off MD Rt. 197. Anglers may not access Cash Lake from the National Wildlife Visitor Center. iii. We allow sport fishing at the pier and designated shorelines at Cash Lake. See Refuge Fishing Regulations for areas opened to fishing. We post other areas with, ‘‘No fishing beyond this point’’ signs. iv. Anglers may fish from mid-June until mid-October, as posted. v. We allow fishing between the hours of 6 a.m. and 8 p.m. June through August and between 7 a.m. and 6:30 p.m. in September and October. vi. We prohibit the use of the public trails near Cash Lake after 4:30 pm. vii. Anglers may use watercraft for fishing in accordance with Maryland State boating laws subject to the additional following conditions: a. You may use car-top boats that are 14 feet (4.2m) or less, canoes, kayaks, and inflatable boats. b. You may use only electric motors that are 4 hp or less. c. We prohibit sailboats. d. Maryland State law requires personal flotation devices in boats. viii. We prohibit boat trailers except by individuals possessing a refuge handicapped permit. 15. Amend §32.41 Michigan by: a. Revising paragraph C. of Harbor Island National Wildlife Refuge; b. Adding Michigan Wetland Management District in alphabetical order; and c. Revising paragraph A., adding paragraph B.3., and revising paragraphs E:\FR\FM\15SEP2.SGM 15SEP2 56400 Federal Register / Vol. 75, No. 178 / Wednesday, September 15, 2010 / Proposed Rules Harbor Island National Wildlife Refuge 3. We prohibit baiting and the possession of bait while on the refuge (see §32.2(h)). 4. We allow the use of hunting dogs, provided the dog is under the immediate control of the hunter at all times during the State-approved hunting season (see §26.21(b) of this chapter). * B. Upland Game Hunting. * * * C., and D. of Seney National Wildlife Refuge. The revisions and additions read as follows: §32.41 * * Michigan. * * * * * * * C. Big Game Hunting. We allow hunting of white-tailed deer and black bear in accordance with State regulations. * * * * * srobinson on DSKHWCL6B1PROD with PROPOSALS2 Michigan Wetland Management District A. Migratory Game Bird Hunting. We allow hunting of migratory game birds throughout the district in accordance with State regulations subject to the following conditions: 1. We prohibit the use of motorized boats, motorized vehicles, ATVs, horses, and bicycles except in designated parking areas. 2. Hunters must remove boats, decoys, blinds, and blind materials at the end of each day. 3. We allow the use of hunting dogs, provided the dog is under the immediate control of the hunter at all times during the State-approved hunting season. 4. We prohibit camping. B. Upland Game Hunting. We allow hunting of upland game in accordance with State regulations subject to the following conditions: Conditions A1, A3, and A4 apply. C. Big Game Hunting. We allow the hunting of big game throughout the district in accordance with State regulations subject to the following conditions: 1. We prohibit the construction or use of permanent blinds, platforms, or ladders (see §27.93 of this chapter). 2. Conditions A1 and A4 apply. D. Sport Fishing. We allow fishing throughout the district in accordance with State regulations subject to the following conditions: 1. Conditions A1, A3, and A4 apply. 2. Anglers must remove ice fishing shelters and personal property from the Waterfowl Production Area each day (see §27.93 of this chapter). Seney National Wildlife Refuge A. Migratory Game Bird Hunting. We allow hunting of woodcock and snipe on designated areas of the refuge in accordance with State regulations subject to the following conditions: 1. Shotgun hunters may possess only approved nontoxic shot while in the field (see §32.2(k)). 2. We prohibit the use of ATVs and snowmobiles. VerDate Mar<15>2010 19:17 Sep 14, 2010 Jkt 220001 * * * * * 3. Conditions A1 through A4 apply. C. Big Game Hunting. We allow the hunting of deer and bear on designated areas of the refuge in accordance with State regulations subject to the following conditions: 1. Conditions A2 and A3 apply. 2. We prohibit the use of dogs while deer or bear hunting. D. Sport Fishing. We allow fishing on designated areas of the refuge subject to the following conditions: 1. We prohibit the use of fishing weights or lures containing lead. 2. We allow ice fishing from January 1 through the end of February. 3. Anglers must remove ice fishing shelters and all other personal property from the refuge each day (see §27.93 of this chapter). 4. Condition A2 applies. 5. We allow fishing on designated refuge pools and the Creighton, Driggs, and Manistique Rivers from May 14 through September 30. 6. We prohibit boats and flotation devices on the refuge pools. 7. We prohibit motorized boats on the Creighton and Driggs Rivers. 8. We allow fishing only during daylight hours. * * * * * 16. Amend §32.42 Minnesota by: a. Revising the introductory text of paragraph A., revising paragraph B., and revising the introductory text of paragraphs C. and D. of Fergus Falls Wetland Management District; and b. Revising the introductory text of paragraph A., revising paragraphs A.1., A.3., and A.6., removing paragraph A.7., revising paragraphs B. and C.1. through C.3., removing paragraph C.4., and redesignating paragraphs C.5. through C.7. as paragraphs C.4. through C.6. of Minnesota Valley National Wildlife Refuge. The revisions read as follows: §32.42 * * Minnesota. * * * Fergus Falls Wetland Management District A. Migratory Game Bird Hunting. We allow hunting of migratory game birds throughout the district (except that we allow no hunting on the Townsend, PO 00000 Frm 00042 Fmt 4701 Sfmt 4702 Mavis, and Gilmore Waterfowl Production Areas [WPA] and the building and administrative area of Knollwood WPA in Otter Tail County, and Larson WPA in Douglas County) in accordance with State regulations subject to the following conditions: * * * * * B. Upland Game Hunting. We allow upland game hunting throughout the district (except that we prohibit hunting on the Townsend, Mavis, and Gilmore Waterfowl Production Areas [WPA] and the building and administrative area of Knollwood WPA in Otter Tail County, and Larson WPA in Douglas County) in accordance with State regulations subject to the following conditions: Conditions A3 and A6 apply. C. Big Game Hunting. We allow big game hunting throughout the district (except that we prohibit hunting on the Townsend, Mavis, and Gilmore Waterfowl Production Areas [WPA] and the building and administrative area of Knollwood WPA in Otter Tail County, and Larson WPA in Douglas County) in accordance with State regulations subject to the following conditions: * * * * * D. Sport Fishing. We allow sport fishing throughout the district (except that we prohibit hunting on the Townsend, Mavis, and Gilmore Waterfowl Production Areas [WPA] and the building and administrative area of Knollwood WPA in Otter Tail County, and Larson WPA in Douglas County) in accordance with State regulations subject to the following conditions: * * * * * Minnesota Valley National Wildlife Refuge A. Migratory Game Bird Hunting. We allow the hunting of goose, duck, merganser, moorhen, coot, rail, woodcock, common snipe, and mourning dove on designated areas of the refuge in accordance with State regulations subject to the following conditions: 1. We require refuge-specific authorization for special hunts. * * * * * 3. We prohibit hunting on, from, across, or within 100 feet (30 m) of any service road, parking area, or designated trail. * * * * * 6. We prohibit entry into the refuge earlier than 2 hours before legal shooting time and require hunters to leave the refuge no later than 1 hour after legal shooting time. B. Upland Game Hunting. We allow hunting of ruffed grouse, gray partridge, ring-necked pheasant, gray and fox E:\FR\FM\15SEP2.SGM 15SEP2 Federal Register / Vol. 75, No. 178 / Wednesday, September 15, 2010 / Proposed Rules squirrel, snowshoe hare, cottontail rabbit, jackrabbit, and wild turkey on designated areas of the refuge in accordance with State regulations subject to the following conditions: 1. Conditions A1 and A3 through A6 apply. 2. Hunters may use only shotguns and bows and arrows. 3. When hunting we prohibit the use of single projectile ammunition. 4. We allow turkey hunters to use shot containing lead. srobinson on DSKHWCL6B1PROD with PROPOSALS2 C. Big Game Hunting. * * * 1. Conditions A1, A3, and A6 apply. 2. Hunters must remove all personal property, which include portable stands, climbing sticks, decoys, and blinds, brought onto the refuge each day (see §27.93 of this chapter). 3. We prohibit the use of handguns for hunting. * * * * * 17. Amend §32.43 Mississippi by: a. Adding paragraph B.8., revising the introductory text of paragraph C., and revising paragraphs C.1., C.3., C.5., and C.8. of Hillside National Wildlife Refuge; b. Adding paragraph B.15., revising the introductory text of paragraph C., and revising paragraphs C.1., C.3., C.5., and C.8. of Holt Collier National Wildlife Refuge; c. Adding paragraph B.7., revising the introductory text of paragraph C., and revising paragraphs C.1., C.4., and C.6. of Mathews Brake National Wildlife Refuge; d. Removing paragraph B.5., redesignating paragraphs B.6. and B.7. as paragraphs B.5. and B.6., adding new paragraph B.7., revising the introductory text of paragraph C., and revising paragraphs C.1., C.3., C.8., and D.2. of Morgan Brake National Wildlife Refuge; e. Revising paragraphs A.1., A.5., A.8., B.4., B.10., C.2., and C.3., and adding paragraphs C.9. and D.9. of Noxubee National Wildlife Refuge; f. Adding paragraph B.8., revising the introductory text of paragraph C., and revising paragraphs C.1., C.5., C.7., and C.10. of Panther Swamp National Wildlife Refuge; g. Revising St. Catherine Creek National Wildlife Refuge; and h. Revising paragraph A.8., adding paragraph B.9., revising paragraph C.1., removing paragraph C.3., redesignating paragraphs C.4. through C.13. as paragraphs C.3. through C.12., and revising newly redesignated paragraphs C.6. and C.9. of Yazoo National Wildlife Refuge. The revisions and additions read as follows: VerDate Mar<15>2010 19:17 Sep 14, 2010 Jkt 220001 §32.43 * * Mississippi. * * * Hillside National Wildlife Refuge * * * * * B. Upland Game Hunting. * * * * * * * * 8. We prohibit hunting over or the placement of bait (see §32.2(h)). Baiting means the direct or indirect placing, exposing, depositing, or scattering of any salt, grain, powder, liquid or other feed substance to attract game. C. Big Game Hunting. We allow hunting of white-tailed deer, turkey, and feral hog on designated areas of the refuge in accordance with State regulations subject to the following conditions: 1. Conditions A1 through A10, B5, and B8 apply. * * * * * 3. We prohibit organized drives for deer and feral hog. * * * * * 5. We prohibit hunting or shooting into a 100-foot (30-m) zone along either side of pipelines, power line rights-ofway, designated roads, trails, or around parking lots (see refuge brochure map). We consider you to be hunting if you occupy a stand or a blind, have a loaded hunting firearm, or have an arrow nocked in a bow. * * * * * 8. During designated muzzleloader hunts, we allow archery equipment and muzzleloaders loaded with a single ball. While hunting, we prohibit breechloading firearms of any type. * * * * * Holt Collier National Wildlife Refuge * * * * * B. Upland Game Hunting. * * * * * * * * 15. We prohibit hunting over or the placement of bait (see §32.2(h)). Baiting means the direct or indirect placing, exposing, depositing, or scattering of any salt, grain, powder, liquid, or other feed substance to attract game. C. Big Game Hunting. We allow hunting of white-tailed deer and feral hog on designated areas of the refuge in accordance with State regulations subject to the following conditions: 1. Conditions B1 through B7, B9, and B13 through B15 apply. * * * * * 3. We prohibit organized drives for deer and feral hog. * * * * * 5. We prohibit hunting or shooting into a 100-foot (30-m) zone along either side of pipelines, power line rights-of- PO 00000 Frm 00043 Fmt 4701 Sfmt 4702 56401 way, designated roads, trails, or around parking lots (see refuge brochure map). We consider it hunting if you occupy a stand or blind, have a loaded hunting firearm, or have an arrow nocked in a bow. * * * * * 8. During designated muzzleloader hunts, we allow archery equipment and muzzleloaders loaded with a single ball. While hunting, we prohibit breechloading firearms of any type. * * * * * Mathews Brake National Wildlife Refuge * * * * * B. Upland Game Hunting. * * * * * * * * 7. We prohibit hunting over or the placement of bait (see §32.2(h)). Baiting means the direct or indirect placing, exposing, depositing, or scattering of any salt, grain, powder, liquid, or other feed substance to attract game. C. Big Game Hunting. We allow hunting of white-tailed deer and feral hog on designated areas of the refuge in accordance with State regulations subject to the following conditions: 1. Conditions A1 through A9, A15, and B5 through B7 apply. * * * * * 4. We prohibit organized drives for deer and feral hog. * * * * * 6. We prohibit hunting or shooting into a 100-foot (30-m) zone along either side of pipelines, power line rights-ofway, designated roads, trails, or around parking lots (see refuge brochure map). We consider it hunting if you occupy a stand or blind, have a loaded hunting firearm, or have an arrow nocked in a bow. * * * * * Morgan Brake National Wildlife Refuge * * * * * B. Upland Game Hunting. * * * * * * * * 7. We prohibit hunting over or the placement of bait (see §32.2(h)). Baiting means the direct or indirect placing, exposing, depositing, or scattering of any salt, grain, powder, liquid or other feed substance to attract game. C. Big Game Hunting. We allow hunting of white-tailed deer and feral hog on designated areas of the refuge in accordance with State regulations subject to the following conditions: 1. Conditions A1 through A7, A9, A10, and B5 through B7 apply. * * * * * E:\FR\FM\15SEP2.SGM 15SEP2 56402 Federal Register / Vol. 75, No. 178 / Wednesday, September 15, 2010 / Proposed Rules 3. We prohibit organized drives for deer and feral hog. * * * * * 8. During designated muzzleloader hunts, we allow archery equipment and muzzleloaders loaded with a single ball. While hunting, we prohibit breechloading firearms of any type. * * * * * D. Sport Fishing. * * * * * * * * 2. From November 16 to February 28, we allow fishing in refuge waters north of Providence Road except Providence Ponds, which we close from the first day of waterfowl season until March 1. * * * * * Noxubee National Wildlife Refuge A. Migratory Game Bird Hunting. * * * 1. We require waterfowl hunters to sign and carry the refuge brochure signifying that they have read and understood the rules of the hunt. The brochure must be in the hunter’s possession at all times while hunting on the refuge. We also conduct a waterfowl drawing. There is a $15 fee per submission (one submission per individual), and we ask prospective hunters to submit their name and address for the drawing. We will send letters to those hunters selected and deposit those hunters’ money orders or checks. The drawn name will be on a list and checked off at the refuge the morning of the hunt. We allow only two companions to accompany each selected hunter. If an individual is not drawn, we will return the $15 entry fee to the unsuccessful applicant. * * * * * 5. All youth hunters age 15 and younger must remain within sight and normal voice contact of an adult age 21 or older. One adult may supervise not more than two youth hunters. * * * * * 8. Handguns must be in compliance with State regulations. * * * * * B. Upland Game Hunting. * * * srobinson on DSKHWCL6B1PROD with PROPOSALS2 * * * * * 4. The refuge allows the use of dogs for hunting rabbit and squirrel. We allow use of dogs for rabbit hunting only after January 1. We allow dogs for squirrel hunting between December 16 and December 23 and after January 1. * * * * * 10. We require hunters to sign and carry the refuge brochure signifying they have read and understood the rules of the hunt. This brochure must be in the VerDate Mar<15>2010 19:17 Sep 14, 2010 Jkt 220001 hunter’s possession at all times while hunting on the refuge. * * * * * C. Big Game Hunting. * * * * * * * * 2. We identify hunts and hunt dates in the refuge brochure/permit, which is available at the refuge headquarters. 3. We require hunters to sign and carry the refuge brochure signifying they have read and understood the rules of the hunt. This brochure must be in the hunter’s possession at all times while hunting on the refuge. We also charge a $15 fee to hunt white-tailed deer. Hunters must provide their name either by mail or in person at the refuge, and we will issue a numbered permit containing tags. The hunter must sign each tag and must attach one tag to game at the time of harvest. * * * * * 9. We prohibit hanging and/or cleaning deer within the refuge’s picnic area, boat ramp, parking lots, and other public use areas. D. Sport Fishing. * * * * * * * * 9. We require anglers to obtain a refuge fishing permit brochure. The angler must sign this permit and have it in their possession at all times while fishing on the refuge. * * * * * Panther Swamp National Wildlife Refuge * * * * * B. Upland Game Hunting. * * * * * * * * 8. We prohibit hunting over or the placement of bait (see §32.2(h)). Baiting means the direct or indirect placing, exposing, depositing, or scattering of any salt, grain, powder, liquid, or other feed substance to attract game. C. Big Game Hunting. We allow hunting of white-tailed deer, turkey, and feral hog on designated areas of the refuge in accordance with State regulations subject to the following conditions: 1. Conditions A1 through A7, A9, A10, and B6 through B8 apply. * * * * * 5. We prohibit organized drives for deer or feral hog. ***** 7. We prohibit hunting or shooting into a 100-foot (30-m) zone along either side of pipelines, power line rights-ofway, designated roads, trails, or around parking lots (see refuge brochure map). We consider it hunting if you occupy a stand or blind, have a loaded hunting PO 00000 Frm 00044 Fmt 4701 Sfmt 4702 firearm, or have an arrow nocked in a bow. * * * * * 10. During designated muzzleloader hunts, we allow archery equipment and muzzleloaders loaded with a single ball. While hunting, we prohibit breechloading firearms of any type. * * * * * St. Catherine Creek National Wildlife Refuge A. Migratory Game Bird Hunting. We allow hunting of duck, goose, and coot during the State season in accordance with State regulations subject to the following conditions: 1. We allow hunting in Butler Lake, Salt Lake, and Gillard Lake from c hour before legal sunrise until 12 p.m. (noon) on Tuesdays, Thursdays, Saturdays, and Sundays. 2. If you are a hunter age 16 or older, you must possess and carry a valid, signed refuge Public Use Permit (only signature required) certifying that you understand and will comply with all regulations. 3. The refuge will close for hunting when flooding restricts safe access. 4. We restrict access to Butler Lake for waterfowl hunting only to Butler Lake Road. 5. Hunters must remove harvested waterfowl, temporary blinds and decoys (see §27.93 of this chapter) used for duck hunting by 1 p.m. daily. 6. You may possess only approved nontoxic shot while hunting on the refuge (§32.2(k)). 7. You must use portable blinds. 8. Refuge users may enter the refuge no earlier than 4 a.m. and must exit the refuge by 2 hours after legal sunset. 9. All persons in all underway boats must wear U.S. Coast Guard-approved personal flotation devices. 10. You must hand-launch boats except at designated boat ramps, where you may trailer-launch them. 11. We allow all-terrain vehicles (ATVs) and utility-type vehicles (UTVs) as per State WMA regulations and size specifications on designated trails (see §27.31 of this chapter) from September 1 through the hunting season. An ATV is an off-road vehicle with factory specifications not to exceed the following: Weight 750 pounds (337.5 kg), length 85 inches (212.5 cm), and width 48 inches (120 cm). We restrict ATV tires to those no larger than 25 inches (62.5 cm) x 12 inches (30 cm) with a maximum 1 inch (2.5 cm) lug height and a maximum allowable tire pressure of 7 psi as indicated on the tire by the manufacturer. 12. Hunters must be age 16 or older to operate an ATV on the refuge. E:\FR\FM\15SEP2.SGM 15SEP2 srobinson on DSKHWCL6B1PROD with PROPOSALS2 Federal Register / Vol. 75, No. 178 / Wednesday, September 15, 2010 / Proposed Rules 13. State bag limits apply. 14. We prohibit the following acts: Possession of alcohol while hunting (see §32.2(j)); entering the refuge from private property; hunters entering the refuge from public waterways; overnight parking; parking or hunting within 150 feet (45 m) of any petroleum facility or equipment, or refuge residences and buildings; parking by hunters in refuge headquarters parking lot; and use of handguns for hunting on the refuge. B. Upland Game Hunting. We allow hunting of squirrel, rabbit, raccoon, opossum, and woodcock in designated areas of the refuge in accordance with State regulations subject to the following conditions: 1. We only allow shotguns, .22 caliber rimfire rifles or smaller, and muzzleloading rifles under .38 caliber shooting patched round balls, except for raccoon hunting (see condition 3iv below). We prohibit the possession of .22 caliber magnum rifles, slugs, buckshot, or rifle ammunition larger than .22 rimfire. 2. You must wear a hunter-orange hat and upper garment when hunting in open fields or reforested areas. 3. We allow raccoon hunting only during the month of February from legal sunset to legal sunrise with the following conditions: i. We require dogs. ii. We prohibit hunting along/from Carthage-Linwood Road. iii. We prohibit the use of boats and ATVs. iv. You may use only .22 caliber rimfire rifles for hunting. 4. You may take beaver, nutria, coyote, and hog incidental to the hunt. 5. Conditions A2 and A6 through A14 apply. 6. We prohibit the following acts: Target practice; marking trails with tape, paper, paint, or any other artificial means; and riding horses or mules. C. Big Game Hunting. We allow deer and lottery youth turkey hunting in accordance with State regulations subject to the following conditions: 1. We allow only still hunting. 2. Hunters may take only one deer per day. State regulations apply. 3. We require hunters to wear a minimum of 400 square inches (2,600 cm2) of unbroken hunter orange as the outermost layer of clothing on the chest and back, and in addition, we require a hat or cap of unbroken hunter orange. You must wear the solid-hunter-orange items while in the field. 4. 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. VerDate Mar<15>2010 19:17 Sep 14, 2010 Jkt 220001 5. We must receive all applications for the limited youth lottery draw turkey hunt by February 28 of each year. 6. Youth (ages 10 to 15) gun deer and waterfowl hunts will coincide with designated State youth hunts each year. Youth deer hunters may use any weapon deemed legal by the State except for buckshot, which we prohibit. 7. We prohibit insertion of metal objects into trees or hunting from trees that contain inserted metal objects (see §32.2(i)). 8. We prohibit the use or possession of climbing spurs. 9. You must dismantle blinds and tripods, and you must remove stands from the tree each day. You must remove all stands, blinds, and tripods (see §27.93 of this chapter) from the refuge before February 7 of each year. 10. You must check all deer harvested on the refuge at one of the three selfclearing, mandatory deer check stations. 11. State season bag limits apply. 12. Conditions A2, A6 through A14, B4, and B6 apply. D. Sport Fishing. We allow fishing during daylight hours only from February 1 until the day prior to the State firearms season opening each year in accordance with State regulations subject to the following conditions: 1. We require a Public Use Permit (only signature required) for all anglers between ages 16 and 65. 2. We prohibit the use of ATVs (see §27.31(f) of this chapter). 3. On the Sibley Unit, we prohibit motorized boats north of the Ring Levee. Anglers may hand-launch boats in Swamp Lake during nonflood conditions. 4. An adult age 21 or older must supervise youth age 15 and younger who may fish in the Kid’s Pond. We prohibit adults from fishing in this pond. 5. We allow bow fishing. Bow anglers must abide by State law. 6. We allow nighttime bow fishing on the refuge but only through a Special Use Permit (FWS Form 3-1383) issued by the refuge manager. 7. We prohibit the following acts: Crawfishing and commercial fishing or possession of trotline equipment including limb lines, nets, traps, yo-yos, or jugs. 8. Conditions A10, A11, and A14 apply. * * * * * Yazoo National Wildlife Refuge A. Migratory Game Bird Hunting.* * * * * * * * 8. We are open for hunting within specific dates and areas during the State PO 00000 Frm 00045 Fmt 4701 Sfmt 4702 56403 season except during limited draw deer hunts. * * * * * B. Upland Game Hunting. * * * * * * * * 9. We prohibit hunting over or the placement of bait (see §32.2(h)). Baiting means the direct or indirect placing, exposing, depositing, or scattering of any salt, grain, powder, liquid, or other feed substance to attract game. C. Big Game Hunting. * * * 1. Conditions A1 through A7, A9, B6, B7, and B9 apply. * * * * * 6. We prohibit hunting or shooting into a 100-foot (30-m) zone along either side of pipelines, power line rights-ofway, designated roads, trails, or around parking lots (see refuge brochure map). We consider it hunting if you occupy a stand or blind, have a loaded hunting firearm, or have an arrow nocked in a bow. * * * * * 9. During designated muzzleloader hunts, we allow archery equipment and muzzleloaders loaded with a single ball. While hunting, we prohibit breechloading firearms of any type. * * * * * 18. Amend §32.44 Missouri by: a. Revising paragraphs C.1., C.2., C.4., and D.2. of Clarence Cannon National Wildlife Refuge; b. Removing paragraph C.4.iv. and redesignating paragraph C.4.v. as C.4.iv. of Great River National Wildlife Refuge; and c. Revising paragraphs A.1. and A.2., adding paragraphs A.6. through A.8., revising paragraph B., revising the introductory text of paragraph C., and revising paragraphs C.1., C.2., C.3., C.5., C.7., and D. of Mingo National Wildlife Refuge. The revisions and additions read as follows: §32.44 * Missouri. * * * * Clarence Cannon National Wildlife Refuge * * * * * C. Big Game Hunting. * * * 1. We allow hunting only during the State-designated managed deer hunts. 2. We require hunters to sign in and out of the refuge each day. * * * * * 4. We allow use of portable stands, but hunters must remove them at the end of each day. If assigned a specific E:\FR\FM\15SEP2.SGM 15SEP2 56404 Federal Register / Vol. 75, No. 178 / Wednesday, September 15, 2010 / Proposed Rules blind location, you may hunt only from that location. * * * * * D. Sport Fishing. * * * * * * * * 2. We allow only boat fishing. We allow bank fishing during managed refuge special events. * * * * * Mingo National Wildlife Refuge srobinson on DSKHWCL6B1PROD with PROPOSALS2 A. Migratory Game Bird Hunting. * * * 1. We allow the use of hunting dogs only for waterfowl hunting, provided the dogs are under the immediate control of the hunter at all times (see §26.21(b) of this chapter). 2. We allow waterfowl hunting from c hour before legal sunrise until 1 pm. * * * * * 6. We require hunters to go through the Missouri Department of Conservation daily draw process at Duck Creek Conservation Area to hunt in Pool 8. 7. We require hunters to read the current refuge hunting brochure that contains a hunting permit (signature only required). We require hunters to sign the permit and carry the signed brochure while hunting. 8. We prohibit the discharging of firearms, including air guns or any other weapons, on the refuge unless you are a hunter with a valid refuge brochure engaged in authorized activities during established seasons. B. Upland Game Hunting. We allow hunting of squirrel only in the Public Hunting Area of the refuge in accordance with State regulations subject to the following conditions: 1. Conditions A3, A7, and A8 apply. 2. We allow hunter access to the public hunting from 1c hours before legal shooting time until 1c hours after legal shooting time. 3. We require that all hunters register at the hunter sign-in stations and complete an Upland Game Hunt Report (FWS Form 3-2362) located at the exit kiosks prior to exiting the refuge. 4. We allow squirrel hunting from the State opening day through September 30. 5. We allow upland game hunting only with shotguns and .22 caliber rimfire rifles. 6. We require squirrel hunters to wear a hunter-orange (i.e., blaze or international orange) hat and a hunterorange shirt, vest, or coat. These hunterorange clothes need to be plainly visible from all sides while scouting or hunting during the overlapping portion of the squirrel, archery deer, and turkey VerDate Mar<15>2010 19:17 Sep 14, 2010 Jkt 220001 seasons. Camouflage orange does not satisfy this requirement. C. Big Game Hunting. We allow big game hunting in designated areas of the refuge in accordance with State regulations subject to the following conditions: 1. Conditions A3, A5, A7, A8, and B2 apply. 2. We require that all hunters register at the hunter sign-in stations and complete the Big Game Harvest Report (FWS Form 3-2359) located at the exit kiosks prior to exiting the refuge. 3. We allow archery hunting for deer and turkey during the fall season. * * * * * 5. We require archery deer hunters to wear a hunter-orange (i.e., blaze or international orange) hat and a hunterorange shirt, vest, or coat. These hunterorange clothes need to be plainly visible from all sides while scouting or hunting during the overlapping portion of the squirrel, archery deer, and turkey seasons. Camouflage orange does not satisfy this requirement. * * * * * 7. We prohibit the distribution of bait or hunting with the aid of bait, salt, or other ingestible attractant (see §32.2(h)). * * * * * D. Sport Fishing. We allow fishing in designated areas of the refuge in accordance with State ‘‘impounded waters’’ regulations subject to the following conditions: 1. We allow fishing year-round from c hour before legal sunrise until c hour after legal sunset in Red Mill Pond, Mingo River (south of Ditch 6 Road), Stanley Creek, May Pond, Fox Pond, and Ditches 2, 6, 10, and 11. 2. We allow fishing in moist soil units, Monopoly Marsh, Rockhouse Marsh, and Ditches 3, 4, and 5 only from March 1 through September 30. 3. We allow fishing in May Pond and Fox Pond only with rod and reel or pole and line. Anglers may only take bass greater than 12 inches (30 cm) in length from May Pond. 4. We prohibit the use or possession of gasoline-powered boat motors. We allow the use of electric trolling motors, except that we prohibit all motors within the Wilderness Area. 5. We require the removal of watercraft (see §27.93 of this chapter) from the refuge at the end of each day’s fishing activity. 6. We allow anglers to take nongame fish by nets and seines for personal use only from March 1 through September 30. 7. Anglers must attend trammel and gill nets at all times and plainly label them with the owner’s name, address, and phone number. PO 00000 Frm 00046 Fmt 4701 Sfmt 4702 8. We only allow the use of trotlines, throwlines, limb lines, bank lines, and jug lines from c hour before legal sunrise until c hour after legal sunset. Anglers must remove all fishing lines (see §27.93 of this chapter) from the refuge at the end of each day’s fishing. Anglers must mark each line with their name, address, and phone number. 9. We allow the take of common snapping turtle and soft-shelled turtle using only pole and line. We require all anglers to immediately release all alligator snapping turtles (see §27.21 of this chapter). * * * * * 19. Amend §32.46 Nebraska by adding paragraph C. of Fort Niobrara National Wildlife Refuge to read as follows: §32.46 * Nebraska. * * * * Fort Niobrara National Wildlife Refuge * * * * * C. Big Game Hunting. We allow hunting of deer and elk on designated areas of the refuge in accordance with State regulations subject to the following conditions: 1. We require the submission of a Big/ Upland Game Hunt Application (FWS Form 3-2356). We require hunters to carry a refuge hunting access permit (hunt application signed by the refuge officer) while hunting. We require hunters to complete a Big Game Harvest Report (FWS Form 3-2359) and return it to the refuge at the conclusion of the hunting season. 2. We allow deer and elk hunting with muzzleloader and archery equipment. We prohibit deer and elk hunting with firearms capable of firing cartridge ammunition. 3. We establish the dates when the refuge is open to hunting access annually. We specify the hunting access dates on the refuge hunting access permit. 4. We allow deer and elk hunting in the area defined as, ‘‘Those refuge lands situated north and west of the Niobrara River.’’ We allow access to this area only from public road right-of-ways, the Niobrara River, or designated refuge parking areas. We prohibit hunting within 200 yards (180 m) of any public use facility. 5. We allow hunter access from 2 hours before legal sunrise until 2 hours after legal sunset. We prohibit overnight parking or camping. 6. We allow horses within the wilderness area. We limit horse use to three groups at a time and no more than five horses per group. We prohibit horses from 2 hours after legal sunset E:\FR\FM\15SEP2.SGM 15SEP2 Federal Register / Vol. 75, No. 178 / Wednesday, September 15, 2010 / Proposed Rules until 2 hours before legal sunrise. We require registration at the refuge headquarters prior to horse use during the hunting season. We limit horse access to the wilderness area via the refuge corrals and buffalo bridge. 7. We allow canoes, kayaks, and float tubes capable of carrying no more than four people on the Niobrara River below Cornell Dam. 8. We prohibit permanent tree stands, nails, screw-in steps, or other items that penetrate the outer bark of a tree. We prohibit tree stands and ground blinds from being left in the same location for more than 7 consecutive days (see §27.93 of this chapter). We require hunters to clearly mark (readable from the ground), with the hunter’s name and date of erection, unattended tree stands and ground blinds. * * * * * 20. Amend §32.49 New Jersey by: a. Revising paragraph A., adding paragraph B., and revising paragraph C. of Cape May National Wildlife Refuge; and b. Revising Wallkill River National Wildlife Refuge to read as follows: §32.49 * * New Jersey. * * * srobinson on DSKHWCL6B1PROD with PROPOSALS2 Cape May National Wildlife Refuge A. Migratory Game Bird Hunting. We allow hunting of waterfowl, coot, moorhen, rail, common snipe, and woodcock on designated areas of the refuge in accordance with State regulations subject to the following conditions: 1. We allow hunting only on those refuge tracts located west of Route 47 in the Delaware Bay Division and on those tracts north of Route 550 in the Great Cedar Swamp Division. We prohibit hunting on the Two Mile Beach Unit. 2. Any time the State hunting regulations specify the requirement that hunters wear orange-colored clothing, you must wear, in a visible manner on head, chest, and back, a minimum of 400 square inches (2,600 cm2) of solidcolored, hunter-orange clothing or material. This must consist of a vest and hat or a jacket and hat. We prohibit blaze-orange camouflage. 3. You must remove all hunting blind materials, boats, and decoys at the end of each hunting day (see §27.93 of this chapter). We prohibit permanent or pit blinds. 4. The common snipe season on the refuge begins with the start of the State early woodcock south zone season and continues through the end of the State common snipe season. VerDate Mar<15>2010 19:17 Sep 14, 2010 Jkt 220001 5. You may possess only approved nontoxic shot in the field while hunting migratory game birds (see §32.2(k)). 6. We allow the use of retrieving and/ or pointing dogs; however, the dogs must be under the hunter’s control at all times (see §26.21(b) of this chapter), and we prohibit groups of three or more dogs per hunter. We prohibit dog training at all times 7. We prohibit hunting on Sunday. 8. We prohibit falconry. 9. We prohibit motorized and nonmotorized vehicles on refuge lands. This includes, but is not limited to, vehicles, all-terrain vehicles, dirt bikes, motorcycles, and bicycles. 10. We prohibit hunting on all areas posted ‘‘Area Closed’’ and all areas marked as closed on the refuge ‘‘Hunt Map.’’ B. Upland Game Hunting. We allow hunting of rabbit and squirrel on designated areas of the refuge in accordance with State regulations subject to the following conditions: 1. Conditions A1, A2, and A7 through A11 apply. 2. We will allow rabbit and squirrel hunting following the end of the State’s Six-Day Firearm Season for white-tailed deer, and it will end at the close of the regular rabbit and squirrel season. 3. We prohibit the use of dogs for hunting rabbit and squirrel. We prohibit dog training at all times. 4. You must remove all hunting stands, blinds, and hunting materials at the end of each hunting day (see §27.93 of this chapter). We prohibit permanent stands or blinds. We prohibit marking (this includes but is not limited to, the use of flagging, bright eyes, tacks, and paint), cutting, and/or removal of trees or vegetation (see §27.61 of this chapter). C. Big Game Hunting. We allow hunting of white-tailed deer and turkey on designated areas of the refuge in accordance with State regulations subject to the following conditions: 1. We allow hunting of white-tailed deer on all areas of the refuge except for the Two Mile Beach Unit, areas posted ‘‘Area Closed,’’ and all areas marked as closed on the refuge ‘‘Hunt Map.’’ 2. We allow turkey hunting only on refuge tracts located north of County Route 550 in the Great Cedar Swamp Division. We prohibit hunting on the Two Mile Beach Unit, areas posted ‘‘Area Closed,’’ and all areas marked as closed on the refuge ‘‘Hunt Map.’’ 3. We prohibit the use of dogs for deer and turkey hunting. 4. Conditions A2, A7 through A9, and A11 apply. 5. We prohibit the marking (this includes but is not limited to, the use of PO 00000 Frm 00047 Fmt 4701 Sfmt 4702 56405 flagging, bright eyes, tacks, and paint), cutting, and/or removal of trees or vegetation (see §27.61 of this chapter). 6. You must remove all deer hunting stands, blinds, and hunting materials at the end of the State deer hunting season (see §27.93 of this chapter). We prohibit permanent stands or blinds. You should mark tree stands with owner information (name, address, and phone number). 7. You must remove all turkey hunting stands, blinds, hunting materials, and decoys at the end of each hunting day (see §27.93 of this chapter). * * * * * Wallkill River National Wildlife Refuge A. Migratory Game Bird Hunting. We allow hunting of waterfowl, moorhen, rail, common snipe, and woodcock on designated areas of the refuge in accordance with State of New Jersey regulations and subject to the following conditions: 1. You must submit a Migratory Bird Hunt Application (FWS Form 3-2357) to hunt on the refuge. We require hunters to possess a signed refuge hunt permit (name and address only) at all times while scouting and hunting on the refuge. We charge a fee for all hunters except youth age 16 and younger. 2. We issue one companion permit (no personal information) at no charge to each hunter. We allow companions to observe and/or call but not to shoot a firearm or bow. Companion and hunters must set up in the same location. 3. We provide hunters with hunt maps and parking permits (name only) which they must clearly display in their vehicle. Hunters who park on the refuge must park in identified hunt parking areas. 4. We provide a designated hunting area at 119 Owens Station Road, Vernon, New Jersey. We reserve this property for the exclusive use of those physically challenged individuals who have produced evidence of the NJ Permit to Shoot or Hunt from a Stationary Vehicle and possess a signed, disabled hunter refuge permit. 5. We prohibit the use of all-terrain vehicles (ATVs) on the refuge. 6. We require hunters to wear, in a conspicuous manner, a minimum of 400 square inches (2,600 cm2) of solid-color, hunter-orange clothing or material on the head, chest and back, except when hunting ducks and geese. 7. We prohibit hunters using or erecting permanent or pit blinds. 8. We require hunters to remove all hunting blind material, boats, and decoys from the refuge at the end of each hunting day (see §27.93 of this chapter). E:\FR\FM\15SEP2.SGM 15SEP2 56406 Federal Register / Vol. 75, No. 178 / Wednesday, September 15, 2010 / Proposed Rules srobinson on DSKHWCL6B1PROD with PROPOSALS2 9. We allow pre-hunt scouting; however, we prohibit the use of dogs during scouting. 10. We limit the number of dogs per hunting party to no more than two dogs. 11. We allow hunters to enter the refuge 2 hours before shooting time, and they must leave no later than 2 hours after the end of shooting time. 12. We prohibit the hunting of crows on the refuge. B. Upland Game Hunting. [Reserved] C. Big Game Hunting. We allow hunting of white-tailed deer and wild turkey on designated areas of the refuge in accordance with State of New Jersey regulations and subject to the following conditions: 1. You must submit a Big Game Hunt Application (FWS Form 3-2356) to hunt on the refuge. We require hunters to possess a signed refuge hunt permit (name and address only) at all times while scouting and hunting on the refuge. We charge a fee for all hunters except youth age 16 and younger. 2. Conditions A2 through A5 and A11 apply. 3. We require firearm hunters to wear, in a conspicuous manner, a minimum of 400 square inches (2,600 cm2) of solidcolor, hunter-orange clothing or material on the head, chest and back. Bow hunters must meet the same requirements when firearm season is also open. We do not require turkey hunters to wear orange at any time. 4. We require hunters to remove all stands and other hunting material from the refuge at the end of each hunting day (see §27.93 of this chapter). 5. We allow pre-hunt scouting; however, we prohibit the use of dogs during scouting or while turkey hunting. 6. We allow deer drives on the last day of each hunt season. 7. We prohibit baiting on refuge lands (see §32.2(h)). D. Sport Fishing. We allow fishing in designated sections of the refuge in both New York and New Jersey in accordance with State regulations and subject to the following conditions: 1. We allow fishing in and along the banks of the Wallkill River. We allow shore fishing only in the pond at refuge headquarters and the ponds located at 285 Lake Wallkill Road, Vernon, New Jersey. 2. Anglers may fish from legal sunrise to legal sunset. 3. We require that anglers park in designated parking areas to access the Wallkill River through the refuge. 4. On refuge ponds, you may perform only catch-and-release fishing. We prohibit the use of live bait fish on refuge ponds. VerDate Mar<15>2010 19:17 Sep 14, 2010 Jkt 220001 5. We prohibit ice fishing on refuge ponds. 6. We prohibit the taking of reptiles and amphibians. 7. We prohibit the digging or collecting of bait. 8. We prohibit commercial fishing on the refuge. 21. Amend §32.50 New Mexico by: a. Revising paragraph C.1. of Bitter Lake National Wildlife Refuge; and b. Revising the introductory text of paragraph C. and adding paragraphs C.5. through C.16. of Bosque del Apache National Wildlife Refuge. The revisions and additions read as follows: §32.50 * * New Mexico. * * * Bitter Lake National Wildlife Refuge * * * * * C. Big Game Hunting. * * * 1. We restrict all hunting to the North Tract (including Salt Creek Wilderness Area and the portion of the refuge located north of U.S. Highway 70) in accordance with State seasons and regulations, with the specification that you may hunt and take feral hog (no bag limit) only while legally hunting deer and only with the weapon legal for deer on that day in that area. * * * * * Bosque del Apache National Wildlife Refuge * * * * * C. Big Game Hunting. We allow hunting of mule deer, oryx, and male Rio Grande turkey on designated areas of the refuge in accordance with State regulations subject to the following conditions: * * * * * 5. We prohibit hunting from a vehicle and hunting from blinds along roads. 6. Youth hunters age 17 and under must successfully complete a Stateapproved hunter education course prior to the refuge hunt. While hunting, each youth must possess and carry a card or certificate of completion. 7. Each youth hunter must remain within sight and normal voice contact of an adult companion age 21 or older. Each adult companion can supervise no more than one youth hunter. We issue one adult companion permit at no charge to each youth hunter drawn. We allow adult companions to observe and call, but they cannot shoot a firearm or bow. Adult companions and youth hunters must set up at the same location. 8. We allow male Rio Grande turkey hunting for youth in two areas of the PO 00000 Frm 00048 Fmt 4701 Sfmt 4702 refuge: the north hunting area and the south hunting area. We provide maps with the refuge permit, which each hunter must carry, that show these areas in detail. 9. You must possess and carry a Big/ Upland Game Hunting Application (FWS Form 3-2356) for hunting of male Rio Grande turkey. The permit is available only to youth hunters and is available through a lottery drawing. You must postmark applications by March 1 of each year. A $6 nonrefundable application fee must accompany each hunt application. 10. We allow hunting of male Rio Grande turkey for youth hunters only on dates determined by refuge staff. We will announce hunt dates by September 1 of each year. Hunters must report to the refuge headquarters by 4:45 a.m. each hunt day. Legal hunting hours run from c hour before legal sunrise and will not extend past 5 p.m. local time. 11. We will limit the Youth Rio Grande Turkey Hunt to four weekends during the New Mexico Spring Turkey Hunting Season. We will publish specific dates and bag limits every year in the hunting brochure. 12. We will select a minimum of four hunters and a maximum of eight hunters in a random drawing of qualified applicants every year depending on annual male Rio Grande turkey population census. 13. We allow scouting of the turkey hunt units only on the Friday before the actual hunt weekend. Scouting can occur only during normal refuge hours of visitation. Drawn hunters and their parents or legal guardians should contact the refuge in advance for more information regarding scouting of proposed hunt units. 14. We allow temporary blinds for turkey hunts, and hunters must remove them from the refuge daily (see §27.93 of this chapter). It is unlawful to mark any tree or other refuge structure with paint, flagging tape, ribbon, cat-eyes, or any similar marking device (see §32.2(i)). 15. We allow youth hunters only one legally harvested male Rio Grande turkey per hunt. 16. Hunters must check out of the designated hunt unit and have their harvested turkey checked by refuge staff prior to leaving the refuge. * * * * * 22. Amend §32.52 North Carolina by: a. Revising the introductory text of paragraph D. and revising paragraph D.1. of Mackay Island National Wildlife Refuge; b. Removing paragraph A.3., redesignating paragraphs A.4. and A.5. E:\FR\FM\15SEP2.SGM 15SEP2 Federal Register / Vol. 75, No. 178 / Wednesday, September 15, 2010 / Proposed Rules as paragraphs A.3. and A.4., revising paragraphs B.1., C.1., C.2., and C.4., removing paragraph C.6., redesignating paragraphs C.7. through C.14. as paragraphs C.6. through C.13., revising newly redesignated paragraphs C.7. and C.13., and adding paragraph C.14. of Pee Dee National Wildlife Refuge; and c. Revising paragraphs A.1., A.6., and B.6., adding paragraph C.1., and revising paragraphs C.3., C.5. through C.7., C.9., and D.1. of Pocosin Lakes National Wildlife Refuge. The revisions and additions read as follows: §32.52 * * North Carolina. * * * Mackay Island National Wildlife Refuge Pocosin Lakes National Wildlife Refuge * * * * * D. Sport Fishing. We allow fishing on designated areas of the refuge in accordance with State regulations subject to the following conditions: 1. We allow fishing only from legal sunrise to legal sunset from March 15 through October 15 with the exception that we allow bank fishing in Corey’s Ditch and the canal adjacent to the Kotts Island Causeway year-round. The 0.3 Mile Loop Trail and the terminus of the canal immediately adjacent to the Visitor’s Center are open year-round, but we close them during Refuge Permit Deer Hunts. * * * * * Pee Dee National Wildlife Refuge * * * * * srobinson on DSKHWCL6B1PROD with PROPOSALS2 B. Upland Game Hunting. * * * 1. Conditions A1 through A4 apply (with the following exception to condition A2: Each adult may supervise no more than one youth hunter). * * * * * C. Big Game Hunting. * * * 1. Conditions A1 through A4 apply (with the following exception to condition A2: Each adult may supervise no more than one youth hunter). 2. We require each person participating in a muzzleloader or firearms quota hunt to possess a nontransferable refuge Special Use Quota Hunt Permit. You may apply for Quota Hunt Permits by submitting a completed Quota Deer Hunt Application (FWS Form 3-2354) available at the refuge office. * * * * * 4. Youth quota hunts are for hunters ages 10-15. We prohibit supervising adults from hunting while participating in a youth quota hunt. We allow no more than one supervising adult for VerDate Mar<15>2010 19:17 Sep 14, 2010 Jkt 220001 each youth possessing a permit on quota hunts. * * * * * 7. We prohibit placing a tree stand on the refuge more than 4 days prior to the opening day of the deer hunt in which hunters will be participating. Hunters must remove the tree stands (see §27.93 of this chapter) by the last day of that hunt. * * * * * 13. During refuge muzzleloader and firearms deer hunts, we prohibit all other public use in refuge hunting areas. 14. We prohibit big game hunting within 100 feet (30 m) of any vehicle or road open to vehicle traffic. * * * * * A. Migratory Game Bird Hunting. * * * 1. We prohibit hunting on the Davenport and Deaver tracts (which include the area surrounding the Headquarters/Visitor Center and the Scuppernong River Interpretive Boardwalk), the Pungo Shop area, New Lake, refuge lands between Lake Phelps and Shore Drive, that portion of the Pinner Tract east of SR 1105, the portion of Western Road between the intersection with Seagoing Road and the gate to the south, and the unnamed road at the southern boundary of the refuge land located west of Pettigrew State Park’s Cypress Point Access Area. During November, December, January, and February, we prohibit all public entry on Pungo and New Lakes, Duck Pen Road, and the Pungo Lake, Riders Creek, and Dunbar Road banding sites. * * * * * 6. We prohibit the discharge of any firearm and the use of any other weapons on the refuge except for hunting as authorized in this section. We prohibit taking and attempting to take wildlife and discharging a firearm within 100 feet (30 m) of any vehicle on any road or trail. * * * * * B. Upland Game Hunting. * * * * * * * * 6. You may possess only approved nontoxic shot (see §32.2(k)) while hunting upland game on and west of Evans Road. * * * * * C. Big Game Hunting. * * * 1. Conditions A1 through A7 apply. * * * * * 3. We allow the use of only shotguns, muzzleloaders, and bow and arrow for deer and feral hog hunting. We allow disabled hunters to use crossbows but PO 00000 Frm 00049 Fmt 4701 Sfmt 4702 56407 only while possessing the required State permit. We allow hunters to take feral hog in any area when the area is open to hunting deer. We allow hunters to take feral hog using bow and arrow (during the State bow and arrow and gun deer seasons), muzzleloaders (during the State muzzleloader and gun deer seasons), and firearms (during the State gun deer season). In addition, hunters may take feral hog on the Frying Pan Unit during all open firearm seasons. * * * * * 5. We only allow deer hunting with shotguns and muzzleloaders on the Pungo Unit while possessing a valid permit from the North Carolina Wildlife Resources Commission for the Pocosin Lakes National Wildlife Refuge – Pungo Unit – Either Sex deer special hunts. We schedule these special 2–day (Friday and Saturday) hunts for certain weeks in late September and October. We require a fee that validates the State permit to participate in these special hunts. 6. During the special hunts described in condition C5, we allow only permitted hunters on the Pungo Unit. We allow only permitted hunters on the Pungo Unit from 1 hour before legal shooting time until 1 hour after legal shooting time. 7. Prior to December 1, we allow deer hunting with bow and arrow on the Pungo Unit during all State deer seasons, except during the muzzleloading season and except during the special hunts described in condition C5. * * * * * 9. We allow the use of only portable deer stands (tree climbers, ladders, tripods, etc.). Hunters may use ground blinds, chairs, buckets, and other such items for hunting, but we require that you remove all of these items (see §27.93 of this chapter) at the end of each day, except that hunters with a valid permit for the special hunts described in condition C5 may install one deer stand on the Pungo Unit the day before the start of their hunt and leave it until the end of the 2nd day of their 2–day hunt. You must tag any stands left overnight on the refuge with the hunter’s name, address, and telephone number. * * * * * D. Sport Fishing. * * * 1. We allow fishing only in Pungo Lake and New Lake from March 1 through October 31, except that we close Pungo Lake and the entire Pungo Unit to fishing during the special hunts described in condition C5. * * * * * E:\FR\FM\15SEP2.SGM 15SEP2 56408 Federal Register / Vol. 75, No. 178 / Wednesday, September 15, 2010 / Proposed Rules 23. Amend §32.53 North Dakota by revising paragraphs B., C., and D. of Upper Souris National Wildlife Refuge to read as follows: §32.53 * * North Dakota. * * * Upper Souris National Wildlife Refuge srobinson on DSKHWCL6B1PROD with PROPOSALS2 * * * * * B. Upland Game Hunting. We allow hunting of sharp-tailed grouse, Hungarian partridge, and pheasant on designated areas of the refuge in accordance with State regulations subject to the following conditions: 1. We allow the use of dogs for hunting and retrieving of upland game birds. Dogs must be under direct control of the hunter (see §26.21(b) of this chapter). 2. We open for hunting on Unit I during the State hunting season. Unit I includes all refuge land north of the township road that runs east of Tolley, across Dam 41 (Carter Dam), and east to State Route 28. 3. We open for hunting on Unit II during the State hunting season, except we close from the first day of the regular State waterfowl season through the last day of State deer gun season. Unit II includes refuge land between Lake Darling Dam and Unit I . 4. We open all areas of the refuge for hunting the day following the State deer gun season. 5. We prohibit hunting the area around refuge headquarters, buildings, shops, and residences. We post these areas with Closed to Hunting signs. 6. We prohibit remaining on the refuge between the hours of 10 p.m. to 5 a.m. 7. We prohibit the use of snowmobiles, all-terrain vehicles (ATVs), off-highway vehicles (OHVs), utility-terrain vehicles (UTVs), bicycles, or similar vehicles on the refuge. 8. We prohibit accessing refuge lands from refuge waters, including Lake Darling and the Souris River. 9. We prohibit horses, mules, or similar livestock on the refuge. 10. We require the use of approved nontoxic shot for all upland game hunting as identified in §20.21(j) of this chapter. C. Big Game Hunting. We allow deer hunting on designated areas of the refuge in accordance with State regulations subject to the following conditions: 1. We only allow the use of portable tree stands and ground blinds. We prohibit leaving stands and blinds overnight (see §27.93 of this chapter) on the refuge. 2. We prohibit the use of flagging, trail markers, paint, reflective tacks, or other VerDate Mar<15>2010 19:17 Sep 14, 2010 Jkt 220001 types of markers (see §27.93 of this chapter). 3. We prohibit the use of trail cameras and other electronic equipment left overnight. 4. We prohibit remaining on the refuge between the hours of 10 p.m. to 5 a.m. 5. Conditions B5 through B9 apply. 6. We prohibit entry to the refuge before 12 p.m. (noon) on the first day of the respective bow, gun, or muzzleloader deer hunting seasons. D. Sport Fishing. We allow sport fishing on designated areas of the refuge in accordance with State regulations subject to the following conditions: 1. We allow the use of fishing boats, canoes, kayaks, and float tubes in designated boat fishing areas from Lake Darling Dam north to State Highway 28 (Greene) crossing for fishing from May 1 through September 30. 2. We allow fishing from nonmotorized vessels only on the Beaver Lodge Canoe Trail from May 1 through September 30. 3. We allow boating and fishing from vessels on the Souris River from Mouse River Park to the north boundary of the refuge from May 1 through September 30. 4. We allow shore fishing in designated areas. Consult with the refuge manager or refuge fishing brochure for specific areas. 5. You may ice fish in all ice-covered waters of the Souris River and Lake Darling. 6. We prohibit remaining on the refuge between the hours of 10 p.m. and 5 a.m. 7. We prohibit the use of snowmobiles, all-terrain vehicles (ATVs), off-highway vehicles (OHVs), utility-terrain vehicles (UTVs), amphibious vehicles, personal watercraft (PWCs), bicycles, or similar vehicles on the refuge. 8. We prohibit swimming, sailing, water skiing, pleasure boating, and overnight use or camping. 9. You may drive licensed cars and pickups on the ice from Lake Darling Dam north to Carter Dam (Dam 41) for ice fishing. 10. We allow access to sites for ice fishing. Consult with the refuge manager or refuge fishing brochure for specific areas. 11. We allow walk-in access only at designated sites on the Souris River north of Carter Dam (Dam 41) and south of Lake Darling Dam for ice fishing. 12. We allow you to place fish houses overnight on the ice of Lake Darling subject to State regulations. 13. We prohibit leaving fish houses overnight or unattended on refuge uplands or in parking areas. PO 00000 Frm 00050 Fmt 4701 Sfmt 4702 14. We allow anglers to place portable fish houses on the Souris River north of Carter Dam (Dam 41) and south of Lake Darling Dam for ice fishing, but anglers must remove the fish houses from the refuge daily (see §27.93 of this chapter). * * * * * 24. Amend §32.54 Ohio by revising paragraphs A.1., C.1., and C.2. of Ottawa National Wildlife Refuge to read as follows: §32.54 * Ohio. * * * * Ottawa National Wildlife Refuge A. Migratory Game Bird Hunting. * * * 1. You must possess and carry a Stateissued permit. All hunters must checkin and out at the State hunter check station. * * * * * C. Big Game Hunting. * * * 1. We require hunters to possess and carry a State-issued permit. 2. We require that hunters check out at the refuge check station with a Big Game Harvest Report (FWS Form 32359) no later than 6 p.m. * * * * * 25. Amend §32.55 Oklahoma by: a. Revising paragraph A.1., adding paragraphs A.7. through A.9., revising paragraphs B.1. and B.2., adding paragraph B.10., revising paragraphs C. and D.5., and adding paragraphs D.10. and D.11. of Deep Fork National Wildlife Refuge; and b. Revising paragraph A., the introductory text of paragraph B., and B.1. of Sequoyah National Wildlife Refuge. The revisions and additions read as follows: §32.55 * Oklahoma * * * * Deep Fork National Wildlife Refuge A. Migratory Game Bird Hunting. * * * 1. You must possess and carry a free signed refuge permit (signed refuge brochure). * * * * * 7. We prohibit horse and mule riding while hunting on the refuge. 8. We provide access for hunters with disabilities. Please contact the refuge office for additional information. 9. Persons possessing, transporting, or carrying firearms on the refuge must comply with all provisions of State and local law. Persons may only use (discharge) firearms in accordance with refuge regulations (50 CFR 27.42 and specific refuge regulations in part 32). E:\FR\FM\15SEP2.SGM 15SEP2 Federal Register / Vol. 75, No. 178 / Wednesday, September 15, 2010 / Proposed Rules B. Upland Game Hunting. * * * srobinson on DSKHWCL6B1PROD with PROPOSALS2 1. You must possess and carry a signed refuge permit (signed refuge brochure) for squirrel, rabbit, and raccoon. We require no fee. 2. We allow shotguns, .22 and .17 caliber rimfire rifles, and pistols for rabbit and squirrel hunting. We require the use of nontoxic shot when using a shotgun (see §32.2(k)). * * * * * 10. Conditions A7, A8, and A9 apply. C. Big Game Hunting. We allow hunting of white-tailed deer and feral hog on designated areas of the refuge in accordance with State regulations subject to the following conditions: 1. You must possess and carry a refuge Special Use Permit (FWS Form 31383) for the archery deer hunt only. Hunters must turn in a Big Game Harvest Report (FWS Form 3-2359) by December 31 annually. Failure to submit the report will render the hunter ineligible for the next year’s limited season archery deer hunt. 2. We will offer a limited season archery deer hunt following the controlled deer hunt. 3. You may hunt feral hog during any established refuge hunting season. Refuge permits (either a signed refuge brochure, Special Use Permit, or a Stateissued controlled hunt permit) and legal weapons apply for the current hunting season. 4. We prohibit scouting when we are conducting controlled deer hunts. 5. We offer refuge-controlled deer hunts (primitive weapon, disabled primitive, youth primitive). We require hunters to possess a permit (a Stateissued controlled hunt permit) and pay a fee for these hunts. For information concerning the hunts, contact the refuge office or the State. 6. We prohibit off-road vehicle use (see §27.31 of this chapter). 7. Conditions A7, A8, and A9 apply. 8. Hunters may place no more than one stand on the refuge. Stands may not be in place until the day the hunt begins. Hunters must remove stands the day the hunt ends. 9. We allow take of feral hog only during daylight hours, and they must be dead prior to removal from the refuge. D. Sport Fishing. * * * * * * * * 5. We allow bowfishing on the refuge from legal sunrise to legal sunset from March 1 to September 30 except during the Youth and Adult Controlled Turkey Hunts. Please contact the refuge for more information. * * * * * VerDate Mar<15>2010 19:17 Sep 14, 2010 Jkt 220001 10. We provide access for anglers with disabilities. Please contact the refuge office for additional information. 11. Conditions A7 and A9 apply. * * * * * Sequoyah National Wildlife Refuge A. Migratory Game Bird Hunting. We allow hunting of duck, goose, dove, coot, snipe, and woodcock on designated areas of the refuge in accordance with State regulations subject to the following conditions: 1. We require an annual refuge permit (Migratory Bird Hunt Application; FWS Form 3-2357) for all hunting. The hunter must possess and carry the signed permit while hunting. We require hunters to abide by all terms and conditions listed on the permit. 2. We open the refuge to hunting only on Saturdays, Sundays, Mondays, and Tuesdays. We prohibit hunters from entering the land portion of the Sandtown Bottom Unit or any portion of Sally Jones Lake before 5 a.m. Hunters must leave the area by 1 hour after legal sunset. We prohibit hunting or shooting within 50 feet (15 m) of designated roads or parking areas. All hunters must park in designated parking areas. 3. We designate the east portion of Sandtown Bottom Unit and the portion of Robert S. Kerr Reservoir, from Tuff boat ramp to the confluence of Vian Creek, as a Wildlife Use Area, and we close it to all entry, except for the designated hiking trail, from September 1 through March 31. We mark the closed area with signs and buoys. 4. Season lengths and bag limits will be in accordance with State regulations with the exception that all hunting, except for the conservation light goose season, will close on January 31 of each year. If a conservation light goose season is in effect, it will follow State regulations with the exception of special regulations and hunting days. 5. Hunters must use only legal shotguns and approved nontoxic shot for migratory bird hunting. Persons possessing, transporting, or carrying firearms on national wildlife refuges must comply with all provisions of State and local law. Persons may only use (discharge) firearms in accordance with refuge regulations (50 CFR 27.42 and specific refuge regulations in part 32). 6. We prohibit construction of pit blinds or permanent blinds. You must reduce blinds to a natural appearance or remove them (see §27.93 of this chapter) at the end of the day. You must remove all empty shells, litter, decoys, boats, or other personal property (see §§27.93 and 27.94 of this chapter) at the end of the day. We prohibit camping in boats PO 00000 Frm 00051 Fmt 4701 Sfmt 4702 56409 or otherwise spending the night on any area of the refuge. 7. We allow boats, and you must operate them under applicable State laws and comply with all licensing and marking regulations from their State of origin. 8. We prohibit guiding or outfitting for commercial purposes. 9. We prohibit hunters from using refuge boat ramps to access hunting areas outside the refuge boundary on days when we close the refuge for hunting certain species or for any species not hunted on the refuge. 10. We restrict the use of airboats within the refuge boundary to the navigation channel and the designated hunting areas from September 1 to March 31. 11. We prohibit hunters entering the Sandtown Bottom Unit prior to 5 a.m. during hunting season. Until 9 a.m., the entrance is through the headquarters gate only, at which time hunters may enter the Sandtown Bottom Unit through any other access point of the refuge. Hunters must leave the Sandtown Bottom Unit by 1 hour after legal sunset. 12. We prohibit alcoholic beverages when hunting (see §32.2(j)). B. Upland Game Hunting. We allow hunting of squirrel and rabbit on designated areas of the refuge in accordance with State regulations subject to the following conditions: 1. Conditions A1, A3, and A8 through A12 apply. * * * * * 26. Amend §32.57 Pennsylvania by revising paragraph A., the introductory text of paragraph C., and revising paragraph C.5. of Erie National Wildlife Refuge to read as follows: §32.57 * Pennsylvania. * * * * Erie National Wildlife Refuge A. Migratory Game Bird Hunting.We allow hunting of mourning dove, rail, common snipe, goose, duck, coot, and crow on designated areas of the refuge in accordance with State regulations subject to the following conditions: 1. We allow hunting and scouting activities on the refuge from September 1 through the end of February. 2. We require all persons to possess and carry a signed refuge hunt permit (signed brochure) on their person while hunting. 3. We only allow nonmotorized boats for waterfowl hunting. We prohibit all other watercraft use. 4. We require that hunters remove all boats, blinds, and decoys from the E:\FR\FM\15SEP2.SGM 15SEP2 56410 Federal Register / Vol. 75, No. 178 / Wednesday, September 15, 2010 / Proposed Rules refuge within 1 hour after legal sunset (see §§27.93 and 27.94 of this chapter). 5. We allow dogs for hunting; however, they must be under the immediate control of the hunter at all times (see §26.21(b) of this chapter). 6. We prohibit field possession of migratory game birds in areas of the refuge closed to migratory game bird hunting. * * * * * C. Big Game Hunting. We allow hunting of deer and turkey on designated areas of the refuge in accordance with State regulations subject to the following conditions: * * * * * 5. We require any person hunting bear off refuge to obtain a refuge Special Use Permit (FWS Form 3-1383) to track a wounded bear that may have entered the refuge. * * * * * 27. Amend §32.60 South Carolina by: a. Revising paragraphs C.1., C.3., C.5., C.6., C.8., and D. of Pinckney Island National Wildlife Refuge; and b. Revising Savannah National Wildlife Refuge to read as follows: §32.60 * * South Carolina. * * * Pinckney Island National Wildlife Refuge * * * * * srobinson on DSKHWCL6B1PROD with PROPOSALS2 C. Big Game Hunting. * * * 1. To participate in the refuge gun hunt, hunters must submit the Quota Deer Hunt Application (FWS Form 32354). If drawn, hunters must submit a permit fee in order to receive the hunt permit. You may obtain information about the quota hunt drawing at the Savannah Coastal Refuges Complex headquarters. * * * * * 3. We will allow hunters to operate their personal vehicles on the main gravel trail only. Movement within all other areas of the refuge must be by foot or bicycle. We limit entry and exit points for authorized motor vehicles to designated check stations or other specified areas (see §27.31 of this chapter). We prohibit entry by boat, and we prohibit hunters to leave by boat to reach other parts of the island. * * * * * 5. We prohibit the use of organized drives for taking or attempting to take game. 6. Each hunter may place one stand on the refuge during the week preceding the hunt. They must remove their stand VerDate Mar<15>2010 19:17 Sep 14, 2010 Jkt 220001 at the end of the hunt (see §27.93 of this chapter). * * * * * 8. We allow only shotguns (20 gauge or larger; slugs only) for hunting. * * * * * D. Sport Fishing. We allow fishing on designated areas of the refuge in accordance with State regulations subject to the following conditions: 1. We allow saltwater fishing yearround in the estuarine waters adjacent to the refuge. 2. We allow fishing only from boats. 3. We prohibit freshwater fishing. * * * * * Savannah National Wildlife Refuge Refer to §32.29 Georgia for regulations. * * * * * 28. Amend §32.62 Tennessee by: a. Revising Chickasaw National Wildlife Refuge; b. Revising paragraphs A.5., A.6., B., and C.1., adding paragraphs C.3. and C.4., and revising paragraph D. of Cross Creeks National Wildlife Refuge; c. Revising Hatchie National Wildlife Refuge; d. Revising Lake Isom National Wildlife Refuge; e. Revising Lower Hatchie National Wildlife Refuge; f. Revising Reelfoot National Wildlife Refuge; and g. Revising paragraphs A.2., A.5., A.6., B.5., B.7., and C.2., adding paragraphs C.3. and C.4., revising paragraphs D.3., D.5., and D.6., and adding paragraphs D.7. and D.8 of Tennessee National Wildlife Refuge. The revisions and additions read as follows: §32.62 * * Tennessee. * * * Chickasaw National Wildlife Refuge A. Migratory Game Bird Hunting. We allow hunting of duck, goose, coot, merganser, mourning dove, woodcock, and snipe on designated areas of the refuge in accordance with State regulations subject to the following conditions: 1. The refuge is a day-use area only, with the exception of legal hunting/ fishing activities. 2. We prohibit the use of motorized off-road vehicles (e.g., ATVs) on the refuge (see §27.31(f) of this chapter). 3. We seasonally close the refuge sanctuary area to the public from November 15 through March 15. 4. You must possess and carry a signed refuge permit (signed refuge brochure) and comply with all provisions specified within the permit. PO 00000 Frm 00052 Fmt 4701 Sfmt 4702 5. We allow hunting for duck, goose, coot, and merganser from c hour before legal sunrise to 12 p.m. (noon). 6. Mourning dove, woodcock, and snipe seasons close during all firearms and muzzleloader deer seasons. 7. You may use only portable blinds, and you must remove all boats, blinds, and decoys (see §27.93 of this chapter) from the refuge by 1 p.m. daily. 8. We allow hunters to access the refuge no more than 2 hours before legal sunrise and no more than 2 hours after legal sunset. 9. Each youth hunter age 15 and younger must remain within sight and normal voice contact and under supervision of an adult age 21 or older, who possesses a license. One adult hunter may supervise no more than two youth hunters. 10. You may possess only approved nontoxic shot when hunting with a shotgun (see §32.2(k)). B. Upland Game Hunting. We allow hunting of squirrel, rabbit, quail, raccoon, and opossum on designated areas of the refuge in accordance with State regulations subject to the following conditions: 1. Conditions A1 through A4 and A9 through A10 apply. 2. We allow hunters to access the refuge no more than 2 hours before legal sunrise and no more than 2 hours after legal sunset with the exception of raccoon and opossum hunters who may access the refuge from legal sunset to legal sunrise. 3. We do not open for spring squirrel season on the refuge. 4. Squirrel, rabbit, and quail seasons close during all firearms and muzzleloader deer seasons. 5. Raccoon and opossum seasons close the Friday and Saturday nights during all firearms and muzzleloader deer hunts and seasons, including the Friday night prior to any hunt or season that opens on a Saturday morning. 6. We allow horses only on roads open to motorized traffic. We prohibit the use of horses and other animal conveyances from all other areas including fields, woods, and foot trails. 7. We prohibit use or possession of alcoholic beverages while hunting (see §32.2(j)). 8. You may take coyote and beaver incidental to legal hunting activities. 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 A4, A8, A10, and B6 through B8 apply. 2. You may only participate in the refuge quota hunts with a special quota E:\FR\FM\15SEP2.SGM 15SEP2 Federal Register / Vol. 75, No. 178 / Wednesday, September 15, 2010 / Proposed Rules permit issued through random drawing. Information for permit applications is available at the refuge headquarters. 3. You may possess only approved nontoxic shot while hunting turkey (see §32.2(k)). 4. We allow the use of lead shot while deer hunting on the refuge (see §32.2(k)). 5. We allow the use of only portable blinds and tree stands on the refuge. You must remove blinds, tree stands, and all other personal equipment (see §§27.93 and 27.94 of this chapter) from the refuge at the end of each day’s hunt. 6. All youth hunters age 15 and younger must remain within sight and normal voice contact of an adult age 21 or older, who possesses a license. One adult hunter may supervise only one youth hunter. D. Sport Fishing. We allow sport fishing on designated areas of the refuge in accordance with State regulations subject to the following conditions: 1. Conditions A1 through A3 apply. 2. We allow fishing only with pole and line or rod and reel. 3. We prohibit possession of unauthorized fishing gear, including trotlines, limblines, juglines, yo-yos, nets, spears, and snag hooks, while fishing on the refuge. 4. We allow the use of bow and arrow or a gig to take nongame fish on refuge waters. 5. We prohibit taking frog or turtle on the refuge (see §27.21 of this chapter). 6. We allow fishing from legal sunrise to legal sunset. Cross Creeks National Wildlife Refuge A. Migratory Game Bird Hunting. * * * srobinson on DSKHWCL6B1PROD with PROPOSALS2 * * * * * 5. We allow access for goose hunting on the refuge from 2 hours before legal sunrise to 2 hours after legal sunset. 6. We prohibit the use of unlicensed motorized vehicles (e.g., ATVs, golf carts, etc.) on the refuge. * * * * * B. Upland Game Hunting. We allow hunting of squirrel on designated areas of the refuge in accordance with State regulations subject to the following conditions: 1. The refuge is a day-use area only, with the exception of legal hunting/ fishing activities. 2. You must possess and carry a valid refuge permit (name and address only) while hunting on the refuge. 3. We set and publish season dates and bag limits annually in the refuge Public Use Regulations available at the refuge office. 4. We prohibit hunting within 50 yards (45 m) of any building, public use road, or boat launching ramp. VerDate Mar<15>2010 19:17 Sep 14, 2010 Jkt 220001 5. We allow hunters to access the refuge from 2 hours before legal sunrise to 2 hours after legal sunset. 6. We prohibit the use of unlicensed motorized vehicles (e.g., ATVs & golf carts, etc.) on the refuge (see §27.31(f) of this chapter). 7. We prohibit the use of horses or other animal conveyances on the refuge hunts. 8. Each youth hunter under age 16 must remain within sight and normal voice contact of an adult age 21 or older. One adult hunter may supervise no more than two youth hunters. 9. We do not open for spring squirrel hunting. C. Big Game Hunting. * * * 1. Conditions B1 through B7 apply. * * * * * 3. You may only participate in the refuge quota deer hunts with a special quota permit (name and address only) issued through random drawing. Information for permit applications is available at the refuge headquarters. 4. Each youth hunter younger than age 16 must remain within sight and normal voice contact of an adult age 21 or older. One adult hunter may supervise no more than one youth hunter. D. Sport Fishing. We allow fishing on designated areas of the refuge in accordance with State regulations subject to the following conditions: 1. We allow fishing on the refuge pools and reservoirs from March 16 through November 14 from legal sunrise to legal sunset. 2. We prohibit trotlines, limblines, jugs, and slat baskets in refuge pools and impoundments and on Elk Reservoir and South Cross Creeks Reservoir. 3. We prohibit taking frog, turtle, and crawfish on the refuge (see §27.21 of this chapter). 4. We prohibit leaving boats unattended on the refuge after daylight use hours. 5. We prohibit swimming in refuge impoundments and from boat ramps and boat docks. 6. We allow bow fishing in refuge impoundments and on Barkley Lake. Hatchie National Wildlife Refuge A. Migratory Game Bird Hunting. We allow hunting of migratory game birds on designated areas of the refuge in accordance with State regulations subject to the following conditions: 1. The refuge is a day-use area only, with the exception of legal hunting/ fishing activities. 2. We prohibit the use of motorized off-road vehicles (e.g., ATVs) on the refuge (see §27.31(f) of this chapter). PO 00000 Frm 00053 Fmt 4701 Sfmt 4702 56411 3. We seasonally close the sanctuary areas of the refuge to the public from November 15 through March 15. 4. You must possess and carry a signed refuge permit (signed refuge brochure) and comply with all provisions specified within the permit. 5. We allow waterfowl hunting only on Tuesdays, Thursdays, and Saturdays. We allow hunting for duck, goose, coot, and merganser from c hour before legal sunrise to 12 p.m. (noon). 6. Mourning dove, woodcock, and snipe seasons close during all deer archery and quota gun hunts. 7. We allow only portable blinds, and hunters must remove all boats, blinds, and decoys (see §§27.93 and 27.94 of this chapter) from the refuge by 1 p.m. daily. 8. We allow hunters to access the refuge no more than 2 hours before legal sunrise, and they must leave the refuge no more than 2 hours after legal sunset. 9. Each youth hunter age 15 and younger must remain within sight and normal voice contact and under supervision of an adult age 21 or older, who possesses a license. One adult hunter may supervise no more than two youth hunters. 10. You may possess only approved nontoxic shot while hunting (see §32.2(k)). B. Upland Game Hunting. We allow hunting of squirrel, rabbit, quail, raccoon, and opossum on designated areas of the refuge in accordance with State regulations subject to the following conditions: 1. Conditions A1 through A4 and A9 through A10 apply. 2. We allow hunters to access the refuge no more than 2 hours before legal sunrise and no more than 2 hours after legal sunset with the exception of raccoon and opossum hunters, who may access the refuge from legal sunset to legal sunrise. 3. We do not open to spring squirrel season on the refuge. 4. We close all small game hunts during the refuge deer archery and quota gun hunts. 5. We allow horses only on roads open to motorized traffic. We prohibit the use of horses and other animal conveyances from all other areas including fields, woods, and foot trails. 6. We prohibit use or possession of alcoholic beverages while hunting (see §32.2(j)). 7. You may take coyote and beaver incidental to legal hunting activities. 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: E:\FR\FM\15SEP2.SGM 15SEP2 srobinson on DSKHWCL6B1PROD with PROPOSALS2 56412 Federal Register / Vol. 75, No. 178 / Wednesday, September 15, 2010 / Proposed Rules 1. Conditions A1 through A4, A8, A10, and B5 through B7 apply. 2. You may only participate in the refuge deer quota hunts with a special quota permit (name and address only) issued through random drawing. Information for permit applications is available at the refuge headquarters. 3. You may possess only approved nontoxic shot while hunting turkey (see §32.2(k)). 4. We allow the use of lead shot while deer hunting on the refuge (see §32.2(k)). 5. We allow the use of only portable blinds and tree stands on the refuge. You must remove blinds, tree stands, and all other personal equipment (see §§27.93 and 27.94 of this chapter) from the refuge at the end of each day’s hunt. 6. We allow archery deer and turkey hunting on designated areas of the refuge as defined annually in the refuge Public Use Regulations available at the refuge office and in accordance with State regulations. 7. All youth hunters age 15 and younger must remain within sight and normal voice contact of an adult age 21 or older, who possesses a license. One adult hunter may supervise only one youth hunter. D. Sport Fishing. We allow sport fishing on designated areas of the refuge in accordance with State regulations subject to the following conditions: 1. Conditions A1 through A3 apply. 2. We allow fishing only with pole and line or rod and reel. 3. We prohibit possession of unauthorized fishing gear, including trotlines, limblines, juglines, yo-yos, nets, spears, and snag hooks while fishing on the refuge. 4. We allow use of a bow and arrow or gig to take nongame fish on refuge waters. 5. We prohibit taking frog or turtle on the refuge (see §27.21 of this chapter). 6. We open Oneal Lake for fishing during a restricted season and for authorized special events. Information on events and season dates is available at the refuge headquarters. 7. We only allow aluminum fishing boats and fiberglass boats of 16 feet (4.8 m) or less in length on refuge lakes. 8. We allow the use of nonmotorized boats and boats with electric motors only; we prohibit the use of gas and diesel motors on refuge lakes. 9. We allow fishing from legal sunrise to legal sunset. Lake Isom National Wildlife Refuge A. Migratory Game Bird Hunting. [Reserved] B. Upland Game Hunting. We allow hunting of squirrel and raccoon on VerDate Mar<15>2010 19:17 Sep 14, 2010 Jkt 220001 designated areas of the refuge in accordance with State regulations subject to the following conditions: 1. The refuge is a day-use area only, with the exception of legal hunting/ fishing activities. 2. We prohibit the use of motorized off-road vehicles (e.g., ATVs) on the refuge (see §27.31(f) of this chapter). 3. We set season dates and bag limits annually and publish them in the refuge Public Use Regulations available at the refuge office. 4. You must possess and carry a valid refuge permit (signed brochure) and comply with all provisions specified within the permit. 5. We allow hunters to access the refuge no more than 2 hours before legal sunrise and no more than 2 hours after legal sunset with the exception of raccoon hunters. Those hunters can access the refuge from legal sunset to legal sunrise. 6. We seasonally close the refuge sanctuary area to the public from November 15 through March 15. 7. All youth hunters age 15 and younger must remain within sight and normal voice contact of an adult age 21 or older, who possesses a license. One adult hunter may supervise no more than two youth hunters. 8. We allow horses only on roads open to motorized traffic. We prohibit the use of horses and other animal conveyances from all other areas including fields, woods, and foot trails. 9. We prohibit use or possession of alcoholic beverages while hunting (see §32.2(j)). 10. You may possess only approved nontoxic shot while hunting (see §32.2(k)). 11. You may take coyote and beaver incidental to legal hunting activities. 12. We prohibit camping and fires on the refuge. C. Big Game Hunting. We allow only archery hunting for white-tailed deer on designated areas of the refuge in accordance with State regulations subject to the following conditions: 1. Conditions B1 through B6 and B8 through B12 apply. 2. We allow the use of only portable blinds and tree stands on the refuge. You must remove blinds, tree stands, and all other personal equipment (see §27.93 of this chapter) from the refuge at the end of each day. 3. All youth hunters age 15 and younger must remain within sight and normal voice contact of an adult age 21 or older, who possesses a license. One adult hunter may supervise only one youth hunter. D. Sport Fishing. We allow fishing on designated areas of the refuge in PO 00000 Frm 00054 Fmt 4701 Sfmt 4702 accordance with State regulations subject to the following conditions: 1. We open all waters of Lake Isom to fishing only from March 16 through November 14 and from legal sunrise to legal sunset. 2. We allow boats with only electric or outboard motors of 10 hp or less. 3. We prohibit taking frog or turtle from refuge waters (see §27.21 of this chapter). Lower Hatchie National Wildlife Refuge A. Migratory Game Bird Hunting. We allow hunting of duck, goose, coot, merganser, mourning dove, woodcock, and snipe on designated areas of the refuge in accordance with State regulations subject to the following conditions: 1. The refuge is a day-use area only, with the exception of legal hunting/ fishing activities. 2. We prohibit the use of motorized off-road vehicles (e.g., ATVs) on the refuge (see §27.31(f) of this chapter). 3. We seasonally close the sanctuary area of the refuge and the southern unit of Sunk Lake Public Use Natural Area to the public from November 15 through March 15. 4. You must possess and carry a signed refuge permit (signed brochure) and comply with all provisions specified within the permit. 5. We allow hunting for duck, goose, coot, and merganser from c hour before legal sunrise to 12 p.m. (noon). 6. Mourning dove, woodcock, and snipe seasons close during all firearms and muzzleloader deer seasons. 7. You may use only portable blinds, and you must remove all boats, blinds, and decoys (see §27.93 of this chapter) from the refuge by 1 p.m. daily. 8. We allow hunters to access the refuge no more than 2 hours before legal sunrise to no more than 2 hours after legal sunset. 9. Each youth hunter age 15 and younger must remain within sight and normal voice contact and under supervision of an adult age 21 or older, who possesses a license. One adult hunter may supervise no more than two youth hunters. 10. You may possess only approved nontoxic shot while hunting (see §32.2(k)). 11. We close Sunk Lake Public Use Natural Area to all migratory game bird hunting, and we close the southern unit of Sunk Lake Public Use Natural Area to all hunting. B. Upland Game Hunting. We allow hunting of squirrel, rabbit, quail, raccoon, and opossum on designated areas of the refuge in accordance with State regulations subject to the following conditions: E:\FR\FM\15SEP2.SGM 15SEP2 srobinson on DSKHWCL6B1PROD with PROPOSALS2 Federal Register / Vol. 75, No. 178 / Wednesday, September 15, 2010 / Proposed Rules 1. Conditions A1 through A4 and A9 through A11 apply. 2. We allow hunters to access the refuge no more than 2 hours before legal sunrise to no more than 2 hours after legal sunset with the exception of raccoon and opossum hunters. We will allow access to those hunters from legal sunset to legal sunrise. 3. We do not open for spring squirrel season on the refuge. 4. Squirrel, rabbit, and quail seasons close during all firearms and muzzleloader deer seasons. 5. Raccoon and opossum seasons close Friday and Saturday nights during all firearms and muzzleloader deer hunts and seasons, including the Friday night prior to any hunt or season that opens on a Saturday morning. 6. We allow horses only on roads open to motorized traffic. We prohibit the use of horses and other animal conveyances from all other areas including fields, woods, and foot trails. 7. We prohibit use or possession of alcoholic beverages while hunting (see §32.2(j)). 8. You may take coyote and beaver incidental to legal hunting activities. 9. We prohibit camping and fires on the refuge. 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 A4, A8, A10, A11, and B6 through B9 apply. 2. You may participate in the refuge quota hunts only with a special quota permit (name and address only) issued through random drawing. Information for permit applications is available at the refuge headquarters. 3. You may possess only approved nontoxic shot while hunting turkey (see §32.2(k)). 4. We allow the use of lead shot while deer hunting on the refuge (see §32.2(k)). 5. We allow the use of only portable blinds and tree stands on the refuge. You must remove blinds, tree stands, and all other personal equipment (see §§27.93 and 27.94 of this chapter) from the refuge at the end of each day’s hunt. 6. All youth hunters age 15 and younger must remain within sight and normal voice contact of an adult age 21 or older, who possesses a license. One adult hunter may supervise only one youth hunter. 7. We allow archery deer hunting only on the northern unit of Sunk Lake Public Use Natural Area. D. Sport Fishing. We allow sport fishing on designated areas of the refuge and the Sunk Lake Public Use Natural VerDate Mar<15>2010 19:17 Sep 14, 2010 Jkt 220001 Area in accordance with State regulations subject to the following conditions: 1. We allow fishing only from legal sunrise to legal sunset. 2. We allow fishing only with pole and line or rod and reel. 3. We prohibit possession of unauthorized fishing gear, including trotlines, limblines, juglines, yo-yos, nets, spears, and snag hooks while fishing on the refuge. 4. We allow use of a bow and arrow or a gig to take nongame fish on refuge waters. 5. We prohibit taking frog or turtle on the refuge (see §27.21 of this chapter). 6. We seasonally close the sanctuary area of the refuge and the southern unit of Sunk Lake Public Use Natural Area to the public from November 15 through March 15. 7. We allow the use of only nonmotorized boats and boats with electric motors on Sunk Lake Public Use Natural Area. Reelfoot National Wildlife Refuge A. Migratory Game Bird Hunting. [Reserved] B. Upland Game Hunting. We allow hunting of squirrel and raccoon on designated areas of the refuge in accordance with State regulations subject to the following conditions: 1. The refuge is a day-use area only, with the exception of legal hunting/ fishing activities. 2. We prohibit the use of motorized off-road vehicles (e.g., ATVs) on the refuge (see §27.31(f) of this chapter). 3. We set season dates and bag limits annually and publish them in the Refuge Public Use Regulations available at the refuge office. 4. You must possess and carry a valid refuge permit (signed brochure) and comply with all provisions specified within the permit. 5. We allow hunters to access the refuge no more than 2 hours before legal sunrise to no more than 2 hours after legal sunset with the exception of raccoon hunters. We will allow those hunters access to the refuge from legal sunset to legal sunrise. 6. We seasonally close the sanctuary areas of the refuge to the public from November 15 through March 15. 7. All youth hunters age 15 and younger must remain within sight and normal voice contact of an adult age 21 or older, who possesses a license. One adult hunter may supervise no more than two youth hunters. 8. We allow horses only on roads open to motorized traffic. We prohibit the use of horses and other animal PO 00000 Frm 00055 Fmt 4701 Sfmt 4702 56413 conveyances from all other areas including fields, woods, and foot trails. 9. We prohibit use or possession of alcoholic beverages while hunting (see §32.2(j)). 10. You may possess only approved nontoxic shot while using a shotgun (see §32.2(k)). 11. You may take coyote and beaver incidental to legal hunting activities. 12. We prohibit camping and fires on the refuge. C. Big Game Hunting. We allow hunting for white-tailed deer and turkey on designated areas of the refuge accordance with State regulations subject to the following conditions: 1. Conditions B1 through B6 and B8 through B12 apply. 2. You may participate in the refuge firearms deer and turkey quota hunts only with a special quota permit (name and address only) issued through random drawing. Information for permit applications is available at the refuge headquarters. 3. You may possess only approved nontoxic shot while turkey hunting on the refuge (see §32.2(k)). 4. We allow the use of lead shot while deer hunting on the refuge (see §32.2(k)). 5. We allow the use of only portable blinds and tree stands on the refuge. You must remove blinds, tree stands, and all other personal equipment from the refuge at the end of each day (see §27.93 of this chapter). 6. All youth hunters age 15 and younger must remain within sight and normal voice contact of an adult age 21 or older, who possesses a license. One adult hunter may supervise only one youth hunter. D. Sport Fishing. We allow fishing on designated areas of the refuge in accordance with State regulations subject to the following conditions: 1. We allow access to the Long Point Unit (north of Upper Blue Basin) for fishing from March 16 through November 14, and the Grassy Island Unit (south of Upper Blue Basin) for fishing from February 1 through November 14. 2. We allow fishing on the refuge from legal sunrise to legal sunset. 3. We prohibit taking of frog or turtle on the refuge (see §27.21 of this chapter). 4. We prohibit airboats, hovercraft, or personal watercraft (e.g., Jet Skis) on any waters within the refuge boundary. Tennessee National Wildlife Refuge A. Migratory Game Bird Hunting. * * * * * * * * 2. We require a refuge hunt permit (signed brochure) for all hunters age 16 E:\FR\FM\15SEP2.SGM 15SEP2 56414 Federal Register / Vol. 75, No. 178 / Wednesday, September 15, 2010 / Proposed Rules b. Revising Balcones Canyonlands National Wildlife Refuge; c. Adding Caddo Lake National Wildlife Refuge in alphabetical order; d. Revising paragraph A. of Hagerman National Wildlife Refuge; e. Revising paragraphs C. and D.2. of Laguna Atascosa National Wildlife Refuge; and f. Revising paragraphs A. and C. of Lower Rio Grande Valley National Wildlife Refuge to read as follows: and older. We charge a fee for all hunt permits. You must possess and carry a valid refuge permit (name and address only) while hunting on the refuge. * * * * * 5. We allow access for goose hunting on the refuge from 2 hours before legal sunrise to 2 hours after legal sunset. 6. We prohibit the use of unlicensed motorized vehicles (e.g., ATVs and golf carts, etc.) on the refuge (see §27.31(f) of this chapter). * * * * * §32.63 B. Upland Game Hunting. * * * * * Aransas National Wildlife Refuge * * * * 5. We allow hunters to access the refuge from 2 hours before legal sunrise to 2 hours after legal sunset. * * * * * 7. We prohibit the use of unlicensed motorized vehicles (e.g., ATVs and golf carts, etc.) on the refuge (see §27.31(f) of this chapter). * * * * * C. Big Game Hunting. * * * * * * * * 2. You may participate in the refuge quota deer hunts only with a special quota permit (name and address only) issued through random drawing. Information for permit applications is available at the refuge headquarters. 3. We allow the use of only portable blinds and tree stands on the refuge. You must remove blinds, tree stands, and all other personal equipment (see §27.93 of this chapter) from the refuge at the end of each day. 4. Each youth hunter younger than age 16 must remain within sight and normal voice contact and under supervision of an adult age 21 or older. One adult hunter may supervise no more than one youth hunter. D. Sport Fishing. * * * srobinson on DSKHWCL6B1PROD with PROPOSALS2 * * * * * 3. We prohibit leaving boats unattended on the refuge after daylight use hours. * * * * * 5. We prohibit taking frog, turtle, and crawfish on the refuge (see §27.21 of this chapter). 6. We prohibit trotlines, limblines, jugs, and slat baskets in refuge pools and impoundments. 7. We prohibit swimming in refuge impoundments and from boat ramps and boat docks. 8. We allow bow fishing in refuge impoundments and on Kentucky Lake. 29. Amend §32.63 Texas by: a. Revising paragraphs C., D.2., and D.3. of Aransas National Wildlife Refuge; VerDate Mar<15>2010 19:17 Sep 14, 2010 Jkt 220001 * Texas. * * * * * * * * C. Big Game Hunting. We allow hunting of white-tailed deer and feral hog on designated areas of the refuge in accordance with State regulations subject to the following conditions: 1. We may immediately close the entire refuge or any portion thereof to hunting in the event of the appearance of whooping crane in the hunt area or in order to conduct habitat management practices as required during the available windows (i.e., prescribed burns, roller chopping, fire breaks). 2. For the archery and rifle season, hunters must obtain a refuge permit (name only required) and pay a fee. The hunter must tape the smaller vehicle tag on the driver’s side windshield. The hunter must sign the larger permit and possess it at all times while on the refuge. 3. We define youth hunters as ages 916. A Texas-licensed, adult hunter, age 17 or older who has successfully completed a Hunter Education Training Course, must accompany youth hunters. We exempt those persons born prior to September 2, 1971 from the Hunter Education Training course requirement. We define accompanied as being within normal voice contact. Each adult hunter may supervise only one youth hunter. 4. We prohibit the use of dogs to trail game. 5. We prohibit possession of alcoholic beverages at any time while hunting (see §32.2(j)). 6. We will annually designate bag limits in the refuge hunt brochure. 7. We allow archery hunting within the deer season for the county on specified days listed in the refuge hunt brochure. 8. We allow firearm hunting within the deer season for the county on specified days listed in the refuge hunt brochure. 9. All hunters must check-in and out at the entrance gate at the beginning and end of each hunt and record their harvest if applicable. PO 00000 Frm 00056 Fmt 4701 Sfmt 4702 10. Hunters must clean all harvested game in the field. 11. Firearm hunters must wear a total of 400 square inches (2,600 cm2) hunter orange including 144 square inches (936 cm2) visible in front and 144 square inches visible in rear. Some hunter orange must appear on head gear. 12. We prohibit target practice or any nonhunting discharge of firearms (see §27.42 of this chapter). 13. We prohibit hunting on or across any part of the refuge road system, or hunting from a vehicle on any refuge road or road right-of-way. Hunters must remain at a minimum of 100 yards (90 m) off any designated refuge road or structure. 14. We prohibit hunters using handguns during archery and rifle hunts. Hunters may use bows and arrows only in accordance with State law. We prohibit use of crossbows for hunting unless we issue a Special Use Permit (FWS Form 1383) due to ‘‘upper limb’’ disability. We allow the use of archery equipment and centerfire rifles for hunting in accordance with State law. 15. We prohibit cutting of holes or other manipulation of vegetation (e.g., cutting bushes, tree limbs, mowing, weed-eating, herbicide use, and other actions) or hunting from manipulated areas (see §27.51 of this chapter). 16. We allow use of portable hunting stands, stalking of game, and still hunting. There is a limit of two portable stands per permitted hunter. A hunter may set up the portable stands during the scouting week but must remove them when the hunter’s permit expires (see §27.93 of this chapter). We prohibit hunters from driving nails, spikes, or other objects into trees or hunting from stands secured with objects driven into trees (see §27.61 of this chapter). We prohibit the building of pits and permanent blinds. 17. We prohibit hunting with the aid of bait, salt, or any ingestible attractant (see §32.2(h)). We allow sprays and other noningestible attractants. 18. We prohibit blocking of gates and roadways (see §27.31(h) of this chapter). We prohibit vehicles operating off-road for any reason. Hunters must park vehicles in such a manner as to not obstruct normal vehicle traffic. 19. We allow you to use only biodegradable flagging tape to mark trails and your hunt stand location during the archery and rifle hunts on the refuge. We color-code the flagging tape used each weekend during the rifle hunts. You must use the designated flagging tape color specified for particular hunt dates. We provide this information on the refuge hunt permit E:\FR\FM\15SEP2.SGM 15SEP2 Federal Register / Vol. 75, No. 178 / Wednesday, September 15, 2010 / Proposed Rules and in refuge regulations sent to permittees. You must remove flagging (see §27.93 of this chapter) at the end of the hunt. The hunter must write his/her last name in black permanent marker on the first piece of flagging tape nearest the adjacent designated roadway. 20. We prohibit camping on the refuge at any time. D. Sport Fishing. * * * * * * * 2. Beginning April 15 through October 15, you may fish on the refuge only in areas designated in the refuge fishing brochure. From October 16 through April 14, the only area open to fishing is adjacent to the picnic area off of the fishing pier, and we also allow wade fishing in that immediate area. You may fish all year in marshes on Matagorda Island. 3. We prohibit consumption of alcohol or possession of open alcohol containers (see §32.5(e)). srobinson on DSKHWCL6B1PROD with PROPOSALS2 * Balcones Canyonlands National Wildlife Refuge A. Migratory Game Bird Hunting. We allow hunting of mourning, white-wing, rock, and Eurasian-collared dove on designated areas of the refuge in accordance with State regulations subject to the following conditions: 1. The hunting season will be consistent with the State season. 2. We allow hunting in designated areas from 12 p.m. (noon) to legal sunset. 3. You may possess only approved nontoxic shot for hunting while in the field (see §32.2(k)). 4. We require refuge permits (name, address, and signature only) and payment of a hunt fee by all hunters. 5. The bag limit will be consistent with State regulations 6. We allow dogs to retrieve game birds during the hunt, but the dogs must be under the control of the handler at all times and not allowed to roam free (see §26.21(b) of this chapter). 7. We define youth hunters as ages 916. A Texas-licensed, adult hunter, age 17 or older who has successfully completed a Hunter Education Training Course, must accompany youth hunters. We exempt those persons born prior to September 2, 1971 from the Hunter Education Training course requirement. We define accompanied as being within normal voice contact. Each adult hunter may supervise only one youth hunter. 8. We prohibit use or possession of alcohol while hunting (see §32.2(j)). 9. We may close the entire refuge or any portion thereof to hunting for the protection of resources, as determined by the refuge manager. VerDate Mar<15>2010 19:17 Sep 14, 2010 Jkt 220001 10. Persons possessing, transporting, or carrying firearms on national wildlife refuges must comply with all provisions of State and local law. Persons may only use (discharge) firearms in accordance with refuge regulations (50 CFR 27.42 and specific refuge regulations in part 32). 11. We allow nonhunters to accompany hunters needing special assistance. Contact the refuge manager for details. B. Upland Game Hunting. [Reserved] C. Big Game Hunting. We allow hunting of white-tailed deer, turkey, and feral hog at designated times on designated areas of the refuge in accordance with State regulations subject to the following conditions: 1. Conditions A1, A4, A5, and A7 through A11 apply. 2. We require hunters to check-in and out daily at designated check station(s). 3. Weapons will be consistent with State regulations. 4. Hunters must visibly wear 400 square inches (2,600 cm2) of hunter orange on the outermost layer of the head, chest, and back, which must include a hunter-orange hat or cap. 5. We prohibit dogs for hunting. 6. We prohibit camping. 7. You may use vehicles only on designated roads and parking areas. 8. We allow stand-by hunting permits only if openings are available on the day of each hunt on a first-come-first-served basis. Contact the refuge manager for details. 9. We prohibit the use or possession of bait during scouting or hunting (see §32.2(h)). We consider bait to be anything that may be eaten or ingested by wildlife. We allow scent attractants. D. Sport Fishing. [Reserved] * * * * * Caddo Lake National Wildlife Refuge A. Migratory Game Bird Hunting. [Reserved] B. Upland Game Hunting. [Reserved] C. Big Game Hunting. We allow hunting of deer and feral hog on designated areas of the refuge in accordance with State regulations subject to the following conditions: 1. We prohibit the use of motorized off-road vehicles (e.g., ATVs) on the refuge (see §27.31(f) of this chapter). 2. We set season dates and bag limits annually and publish them in the refuge public use regulations available at the refuge office. PO 00000 Frm 00057 Fmt 4701 Sfmt 4702 56415 3. Deer archery hunters must possess and carry a signed refuge permit (signed refuge brochure) while hunting. 4. You may hunt only big game during designated refuge seasons. 5. You may hunt feral hog during any established refuge hunting season. Refuge permits and legal weapons apply for the current hunting season. 6. We allow hunters to access the refuge no more than 2 hours before legal sunrise and no more than 2 hours after legal sunset. 7. We define youth hunters as ages 916. A Texas-licensed, adult hunter, age 17 or older who has successfully completed a Hunter Education Training Course, must accompany youth hunters. We exempt those persons born prior to September 2, 1971 from the Hunter Education Training course requirement. We define accompanied as being within normal voice contact. Each adult hunter may supervise only one youth hunter. 8. You may participate in the refuge firearms deer hunt only with a Quota Deer Hunt Application (FWS Form 32354) issued through random drawing. You may obtain information on permit applications at the refuge headquarters. 9. We allow the use of only portable blinds and tree stands on the refuge. You must remove blinds, tree stands, and all other personal equipment from the refuge at the end of each day (see §27.93 of this chapter). 10. We prohibit possession or distribution of bait or hunting with the aid of bait, including any grain, salt, minerals, or other feed or nonnaturally occurring attractant on the refuge (see §32.2(h)). 11. We prohibit the use of dogs, feeders, campsites, and all-terrain vehicles (we may allow all-terrain vehicles for medically documented disabled hunters by Special Use Permit (SUP) [FWS Form 3-1383] only). Contact the wildlife refuge manager for guidelines to obtain a SUP. 12. Hunters must conspicuously wear daylight-flurorescent orange as per State deer hunting regulations on public hunting lands. 13. Persons possessing, transporting, or carrying firearms on a national wildlife refuge must comply with all provisions of State and local law. Persons may only use (discharge) firearms in accordance with refuge regulations (see 50 CFR part 27.42 and specific refuge regulations in part 32). D. Sport Fishing. [Reserved] * * * * * Hagerman National Wildlife Refuge A. Migratory Game Bird Hunting. We allow hunting of mourning dove in the E:\FR\FM\15SEP2.SGM 15SEP2 56416 Federal Register / Vol. 75, No. 178 / Wednesday, September 15, 2010 / Proposed Rules month of September 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 brochure (which serves as your Migratory Game Bird/Upland Game Hunting Permit). The permit/ brochure is available free of charge at the refuge headquarters. 2. You may possess shot for hunting no larger than #4 in the hunting area. 3. We require the hunter to self checkin and check out. 4. We prohibit hunting within 150 feet (45 m) of any Day Use Area or walking trail. 5. We prohibit target practice or any nonhunting discharge of firearms. 6. We prohibit falconry. 7. We allow retriever dogs, but the dogs must be under the control of the handler at all times (see §26.21(b) of this chapter). 8. We prohibit airboats, hovercraft, and personal watercraft (jet skis, wave runner, jet boats, etc.) year-round on refuge waters. 9. We prohibit building or hunting from permanent blinds. 10. We prohibit blocking of gates and roads (see §27.31(h) of this chapter). 11. We prohibit ATVs. 12. We prohibit horses. 13. We prohibit glass containers. * * * * * Laguna Atascosa National Wildlife Refuge srobinson on DSKHWCL6B1PROD with PROPOSALS2 * * * * * C. Big Game Hunting. We allow hunting of white-tailed deer, feral pig, and nilgai antelope on designated areas of the refuge in accordance with State regulations subject to the following conditions: 1. We require hunters to pay a fee and obtain a refuge hunt permit (name, address, and signature only). We issue replacement permits for an additional nominal fee. All hunt fees are nonrefundable. We require the hunter to possess and carry a signed and dated refuge hunt permit. 2. We allow archery and firearm hunting on designated units of the refuge. Units 1, 2, 3, 5, 6, and 8 are open to archery hunting during designated dates. Units 2, 3, 5, and 8 are open to firearm hunting during designated dates. We close the following areas to hunting: Adolph Thomae, Jr. County Park in Unit 3, posted ‘‘No Hunting Zones’’ within all hunt units, La Selva Verde Tract (Armstrong), Waller Tract, Tocayo (COHYCO, Inc.) Tract, Freze Tract, Escondido Tract, Sendero del Gato, Bahia Grande Unit, and South Padre Island Unit. VerDate Mar<15>2010 19:17 Sep 14, 2010 Jkt 220001 3. We offer hunting during specific portions of the State hunting season. We determine specific deer hunt dates annually, and they usually fall within November, December, and January. We may provide special feral pig and nilgai antelope hunts to reduce populations at any time during the year. 4. We annually establish a specific bag limit for deer hunted on the refuge in the refuge hunt brochure and permit. We have an unlimited bag limit on feral pig and nilgai antelope. 5. We require hunters to visibly wear 400 square inches (2,600 cm2) of hunter orange, which includes wearing a minimum of 144 square inches (936 cm2) visible on the chest, a minimum of 144 square inches visible on the back, and a hunter-orange hat or cap visible on the head when in the field. We allow hunter-orange camouflage patterns. We allow archery hunters during the archery-only hunts to remove their hunter orange in the field only when hunting at a stationary location. 6. We define youth hunters as ages 916. A Texas-licensed, adult hunter, age 17 or older who has successfully completed a Hunter Education Training Course, must accompany youth hunters. We exempt those persons born prior to September 2, 1971 from the Hunter Education Training course requirement. We define accompanied as being within normal voice contact. Each adult hunter may supervise only one youth hunter. 7. We allow the use of only longbows, compound bows, recurved bows, shoulder-fired muzzleloaders, and rifles. We prohibit use of a pistol or shotgun for hunting. When hunting, muzzleloader firearms must be .40 caliber or larger, and modern rifles must be center fired and .22 caliber or larger. We prohibit loaded authorized hunting firearms (see §27.42 of this chapter) in the passenger compartment of a motor vehicle unless allowed by State regulations. We define ‘‘loaded’’ as having rounds in the chamber of magazine or a fire cap on a muzzleloading firearm. We prohibit target practice or ‘‘sighting-in’’ on the refuge. 8. We allow a 9–day scouting period, ending one week prior to the commencement of the refuge deer hunting season. A permitted hunter and a limit of two nonpermitted individuals may enter the hunt units during the scouting period. We allow access to the units during the scouting period from legal sunrise to legal sunset. You must clearly display the refuge-issued Hunt Vehicle Validation Tags/Scouting Permits (name/signature required; available from the refuge office) face up PO 00000 Frm 00058 Fmt 4701 Sfmt 4702 on the vehicle dashboard when hunting and scouting. 9. We allow hunters to enter the refuge only 1 hour before legal shooting hours during the permitted hunt season. We may require hunters to check out daily at the refuge check station at the end of their hunt or no later than 1 hour after legal shooting hours. 10. We allow vehicle parking at Unit 1 and Unit 6 designated parking areas and along the roadside of General Brandt Road (FM 106), Buena Vista Road, Lakeside Road, and County Road. 11. We restrict vehicle access to service roads not closed by gates or signs. We prohibit the use of motorized vehicles (see §27.31 of this chapter). You may access hunt units only by foot or by bicycle. 12. We allow hunting from portable stands or by stalking and still hunting. There is a limit of one blind or stand per permitted hunter. You must attach hunter identification (name and phone number) to the blind or stand. We prohibit attaching blinds and stands to trees or making blinds and stands from natural vegetation (see §§27.51 of this chapter and 32.2(i)). You must remove all blinds and stands (see §27.93 of this chapter) at the end of the permitted hunt season. 13. We prohibit the possession or use of dogs while scouting or hunting. 14. Hunters must field-dress all harvested big game in the field and check the game at the refuge check station before removal from the refuge. You may quarter deer, feral pig, and nilgai antelope in the field as defined by State regulations. You may use a nonmotorized cart to assist with the transportation of harvested game animals. 15. We prohibit use of or hunting from any type of watercraft or floating device. 16. You must receive authorization from a refuge employee to enter closed refuge areas to retrieve harvested game. 17. You may not kill or wound an animal covered in this section and intentionally or knowingly fail to make a reasonable effort to retrieve and include it in your bag limit. 18. We reserve the right to revoke or deny any permit for up to 5 years due to unsafe conduct or violation of one or more refuge regulations; this includes a demonstrated lack of public or hunter safety to a degree that may endanger oneself or other persons or property; multiple refuge regulation violations; aggressive, abusive, or intimidating behavior towards any employee of the United States or any local or State government employee engaged in official business, or towards any private E:\FR\FM\15SEP2.SGM 15SEP2 Federal Register / Vol. 75, No. 178 / Wednesday, September 15, 2010 / Proposed Rules person engaged in official business, or towards any private person engaged in the pursuit of a permitted activity on the refuge. D. Sport Fishing. * * * * * * * 2. We require payment of an entry fee and boat launch at Adolph Thomae, Jr. County Park. We allow access to Adolph Thomae, Jr. County Park in accordance with the Cameron County Parks Department. * * * * * srobinson on DSKHWCL6B1PROD with PROPOSALS2 * Lower Rio Grande Valley National Wildlife Refuge A. Migratory Game Bird Hunting. We allow hunting of mourning, whitewinged, and white-tipped dove on designated areas of the refuge in accordance with State regulations subject to the following conditions: 1. The hunting season will be concurrent with the State season. We publish this information in the refuge hunting sheet. 2. Designated areas include the La Grulla and Monte Cristo tracts of the refuge. 3. We require hunters to pay a fee to obtain a refuge hunt permit (name only required) and to possess and carry such permit at all times during your designated hunt period. Hunters must also display the refuge-issued vehicle placard (part of the hunt permit) while participating in the designated hunt period. Hunters, including youth hunters, must also have a valid hunting license, proof of hunter’s education certification, and picture identification in order to obtain a refuge hunt permit and must possess the above items while on the refuge hunt. 4. You should park in designated refuge parking areas if they are available. You may park along County roads; however, you must not block the path of traffic and access to the refuge or private property (see §27.31(h) of this chapter). We will tow inappropriately parked vehicles at the owner’s expense. 5. We define youth hunters as ages 916. A Texas-licensed, adult hunter, age 17 or older who has successfully completed a Hunter Education Training Course, must accompany youth hunters. We exempt those persons born prior to September 2, 1971 from the Hunter Education Training course requirement. We define accompanied as being within normal voice contact. Each adult hunter may supervise only one youth hunter. 6. You may access the refuge during your permitted hunt period from 1 hour before legal hunt time to 1 hour after legal hunt time; however, you may not hunt outside of the legal hunt hours. VerDate Mar<15>2010 19:17 Sep 14, 2010 Jkt 220001 7. Your licenses, permits, hunting equipment, effects, and vehicles or other conveyances are subject to inspection by Federal, State, and local law enforcement officers. 8. We restrict hunt participants to those listed on the refuge hunt permit (hunter, nonhunting chaperone, and nonhunting assistant). We require all participants to wear hunter orange according to Texas State regulations (400 square inches [2,600 cm2] that is visible on the chest, back and head). 9. We allow only the hunter to hunt and carry or discharge the applicable hunting shotgun, muzzleloader, rifle, or bow. 10. We allow hunters to use bicycles on designated routes of travel. 11. You may use properly trained retriever dogs to retrieve dove during the hunt, but the dog must be under the control of the handler at all times (hunters must not allow dogs to roam free) (see §26.21(b) of this chapter). 12. We prohibit hunters discharging firearms for any purpose other than to take or attempt to take a game bird listed in the introductory text of this paragraph A. during your established hunt. 13. We prohibit use of flagging or any other type of marker. 14. We prohibit hunters cutting or trimming any vegetation or brush (see §27.51 of this chapter). 15. We prohibit overnight camping. 16. We prohibit the use of motorized vehicles. 17. We reserve the right to revoke or deny any permit for up to 5 years for the following reasons: Lack of public safety to a degree that may endanger oneself or other persons or property; multiple regulation violations; aggressive, abusive, or intimidating behavior towards any employee of the United States or any local or State government employee engaged in official business, or towards any private person engaged in the pursuit of a permitted activity on the refuge. * * * * * C. Big Game Hunting. We allow hunting of white-tailed deer, feral hog, and nilgai antelope on designated areas of the refuge in accordance with State regulations subject to the following conditions: 1. Conditions A3 through A10 and A13 through A17 apply. 2. We offer hunting during specific portions of the State hunting season. We determine specific hunt dates annually. We publish this information in the refuge hunting sheet. 3. We allow archery and firearm hunting on designated tracts of the PO 00000 Frm 00059 Fmt 4701 Sfmt 4702 56417 refuge. We open Teniente Tract to archery and firearm hunting during designated dates. We open East Lake Tract to firearm hunting during designated dates. 4. We allow the use of longbows, compound bows, recurved bows, shotgun, muzzleloader, and any legal center-fire firearm except hand-held pistols (handguns) when hunting. Muzzleloader firearms must be .40 caliber or larger and slugs are the only permitted shot for shotguns when hunting. We publish this information in the refuge hunting sheet. 5. We allow the use of rattling horns. 6. We allow free-standing blinds or tripods. Hunters may set them up during the scouting days preceding each permitted hunt date and must take them down by the end of such hunt date. Hunters must mark and tag all stands with their name, contact number, and hunt date during the period of use. 7. Hunters must field-dress all harvested big game in the field. 8. Hunters may use nonmotorized dollies or carts off improved roads or trails to haul carcasses to a parking area. 9. We prohibit use of big game decoys. 10. We prohibit use or possession of dogs, horses, or mules on the refuge during big game refuge hunt. 11. We prohibit the killing, wounding, taking, or possession of an animal listed in the introductory text of this paragraph C while intentionally or knowingly failing to make a reasonable effort to retrieve or keep the edible portions of the animal and include it in your bag limit. 12. We prohibit discharge of firearms or bows and arrows for any purpose other than to take or attempt to take an animal listed in the introductory text of this paragraph C during your established hunt. * * * * * 30. Amend §32.64 Utah by removing paragraph B.3. and redesignating paragraph B.4. as paragraph B.3. of Ouray National Wildlife Refuge. 31. Amend §32.66 Virginia by: a. Revising paragraphs C.1., C.5., C.9., C.12., C.14., D.6., and D.7.iv. of Back Bay National Wildlife Refuge; b. Revising paragraphs A.1., A.5., A.7., C.1.i., C.1.viii., and C.2.iii., removing paragraph C.2.v., redesignating paragraph C.2.vi. as C.2.v., revising paragraphs C.3.iii. through C.3.vi., and adding paragraph D.4. of Chincoteague National Wildlife Refuge; c. Revising paragraph C. of James River National Wildlife Refuge; d. Revising paragraphs C.2. and C.4. of Mason Neck National Wildlife Refuge; E:\FR\FM\15SEP2.SGM 15SEP2 56418 Federal Register / Vol. 75, No. 178 / Wednesday, September 15, 2010 / Proposed Rules e. Revising paragraphs C.2. and C.4. of Occoquan Bay National Wildlife Refuge; f. Revising paragraph A. of Plum Tree Island National Wildlife Refuge; g. Revising paragraph C. of Presquile National Wildlife Refuge; and h. Revising paragraphs C. and D. of Rappahannock River Valley National Wildlife Refuge. The revisions and additions read as follows: §32.66 * * Virginia. * * * Back Bay National Wildlife Refuge srobinson on DSKHWCL6B1PROD with PROPOSALS2 * * * * * C. Big Game Hunting. * * * 1. Hunting brochures containing hunting application procedures, seasons, bag limits, methods of hunting, maps depicting areas open to hunting, and the terms and conditions under which we issue hunting permits (with hunter signature and date) are available at the refuge administration office and on the refuge’s website. * * * * * 5. All selected and standby applicants must enter the refuge between 4 a.m. and 4:30 a.m. on each hunt day. We may issue standby hunters permits to fill vacant slots by lottery. All hunters must cease hunting no later than 6 p.m. * * * * * 9. You must be at least age 16 to hunt without an accompanying, qualified adult. Youths between ages 12 and 15 may hunt only when accompanied by a licensed hunter who is age 18 or older. We prohibit persons under age 12 from hunting on the refuge. * * * * * 12. We allow scouting 1 week prior to the start of each refuge hunt period. Hunters may enter the hunt zones on foot or bicycle only. Scouts must wear 400 square inches (2,600 cm2) of visible blaze orange. We require hunters to sign in and out on each day of scouting. * * * * * 14. We prohibit hunting or discharging of firearms within designated Safety Zones. We prohibit retrieval of wounded game from a ‘‘No Hunting Area’’ or ‘‘Safety Zone’’ without the consent of the refuge employee on duty at the check station. * * * * * D. Sport Fishing.* * * * * * * * 6. You may surf fish, crab, and clam south of the refuge’s beach access ramp. We allow night surf fishing by Special Use Permit (FWS Form 3-1383) in this area in accordance with dates and times designated on the permit. VerDate Mar<15>2010 19:17 Sep 14, 2010 Jkt 220001 7. * * * * * * * iv. You must catch and release all freshwater game fish. The daily creel limit for D Pool for other species is a maximum combination of any 10 nongame fish. * * * * * * Chincoteague National Wildlife Refuge A. Migratory Game Bird Hunting. * * * 1. You must possess and carry a Migratory Bird Hunting Application (FWS Form 3-2357). Hunting brochures containing hunting application procedures, seasons, bag limits, methods of hunting, maps depicting areas open to hunting, and the terms and conditions under which we issue hunting permits are available at the refuge administration office and on the refuge’s website. * * * * * 5. You may erect portable blinds and deploy decoys; however, during the regular duck season, you must remove the blinds and decoys daily (see §27.93 of this chapter). * * * * * 7. You must complete and return a Migratory Bird Hunt Report (FWS Form 3-2361), available at the refuge administration office or on the refuge’s website, within 15 days of the close of the season. * * * * * C. Big Game Hunting. * * * 1. * * * i. You must possess and carry a Big/ Upland Game Hunt Application (FWS Form 3-2356). Hunting brochures containing hunting application procedures, seasons, bag limits, methods of hunting, maps depicting areas open to hunting, and the terms and conditions under which we issue hunting permits are available at the refuge administration office and on the refuge’s website. * * * * * viii. We prohibit the use of a boat, allterrain vehicle (see §27.31(f) of this chapter), bicycle, or saddled animal within your hunt zone. * * * * * 2. * * * * * * * * iii. During the sika archery season, you may take up to five sika daily, of which two may be antlered. In addition, you may take white-tailed deer in accordance with State regulations. * * * * * 3. * * * * * * * * PO 00000 Frm 00060 Fmt 4701 Sfmt 4702 iii. When hunting, you may use any firearm allowed by State law in designated areas of the refuge. iv. We prohibit the discharge of a firearm within 50 feet (15m) of the centerline of any road. v. During the sika firearm season, you may take up to five sika daily, two of which may be antlered. In addition, during designated white-tailed deer hunt periods, you may take white-tailed deer in accordance with State regulations. vi. You must have a 4-wheel drive vehicle to hunt on Tom’s Cove Hook. All over-sand vehicles must carry a shovel, jack, tow rope or chain, board or similar support for the jack, and a lowpressure tire gauge. * * * * * D. Sport Fishing. * * * * * * * * 4. You must possess and carry a refuge permit (name, address, phone number supplied to refuge manager) to surf fish on Assawoman Island between March 15 and September 1. * * * * * James River National Wildlife Refuge * * * * * C. Big Game Hunting. We allow hunting of white-tailed deer on designated areas of the refuge in accordance with State regulations subject to the following conditions: 1. We require hunters to possess a refuge hunting permit (signed refuge brochure), along with their State hunting license and stamps, while on refuge property. 2. We require firearm hunters to purchase a refuge hunting permit (signed refuge brochure) at the Refuge Hunter Check Station on the morning of each hunt on a first-come-first-served basis. We also require hunters to complete and sign a Quota Deer Hunt Application (FWS Form 3-2354) and provide the application to the hunt administrator prior to receiving a refuge hunting permit. 3. We require persons who wish to hunt during the State archery season to obtain a refuge hunting permit by way of a Quota Deer Hunt Application and subsequent lottery administered through the Virginia Department of Game and Inland Fisheries. We notify successful applicants by mail or e-mail, and if we receive the hunting fee by the date identified in the mailing, we mail refuge hunting permits to successful applicants. 4. We allow the use of shotguns (20gauge or larger, loaded with buckshot only), muzzleloaders, and bows and E:\FR\FM\15SEP2.SGM 15SEP2 srobinson on DSKHWCL6B1PROD with PROPOSALS2 Federal Register / Vol. 75, No. 178 / Wednesday, September 15, 2010 / Proposed Rules arrows as designated on refuge hunting permits. 5. We allow the take of two deer of either sex per day. 6. We prohibit dogs. 7. We allow only portable tree stands that hunters must remove at the end of each hunt day (see §27.93 of this chapter). We prohibit damage to trees (see §32.2(i)). 8. We require hunters during firearms and muzzleloader seasons to wear in a conspicuous manner on head, chest, and back a minimum of 400 square inches (2,600 cm2) of solid-colored, hunter-orange clothing or material. 9. We require hunters during archery only seasons to wear in a visible manner on head, chest, and back a minimum of 100 square inches (645 cm2) of solidcolored, hunter-orange clothing or material while moving to and from their stand/hunting location. 10. We require that hunters using shotguns remain within 100 feet (30 m) of their assigned stand while hunting. 11. We require that hunters using a muzzleloader must hunt from a stand elevated 10 feet (3 m) or more above the ground. 12. Persons possessing, transporting, or carrying firearms on national wildlife refuges must comply with all provisions of State and local law. Persons may only use (discharge) firearms in accordance with refuge regulation (see §27.42 of this chapter and specific refuge regulations in part 32). 13. We prohibit the discharge of firearms or archery equipment across or within State-maintained or refuge roads, including roads closed to vehicles, as shown on refuge hunt maps. 14. We prohibit the use of flagging to mark trails or for any other purpose. 15. An adult age 21 or older, who must also possess and carry a valid hunting license and refuge hunting permit, must accompany and directly control youth hunters ages 12 to 17. We prohibit persons under age 12 to hunt on the refuge. 16. We prohibit the use or possession of alcohol while hunting on the refuge (see §32.2(j)). 17. We require hunters to report accidents or injuries to the refuge office or sheriff’s office within 24 hours after the incident. Hunters must report accidents resulting in serious injury to the sheriff’s office immediately. * * * * * Mason Neck National Wildlife Refuge C. Big Game Hunting. * * * * * * * * 2. We select hunters by lottery using the Quota Deer Hunt Application (FWS VerDate Mar<15>2010 19:17 Sep 14, 2010 Jkt 220001 Form 3-2354). Contact the refuge office for information on application dates. * * * * * 4. Hunters must certify/qualify weapons and ammunition and attend an orientation session or take the orientation session online prior to issuance of a permit (see application form referenced above). Please contact the refuge for the online orientation web address. * * * * * Occoquan Bay National Wildlife Refuge * * * * * C. Big Game Hunting. * * * * * * * * 2. We select hunters by lottery using the Quota Deer Hunt Application (FWS Form 3-2354). Contact the refuge office for information on application dates. * * * * * 4. Hunters must certify/qualify weapons and ammunition and attend an orientation session or take the orientation session online prior to issuance of a permit (see application form referenced above). Please contact the refuge for the online orientation web address. * * * * * Plum Tree Island National Wildlife Refuge A. Migratory Game Bird Hunting. We allow hunting of waterfowl, gallinule, and coot on designated areas of the refuge in accordance with State regulations subject to the following conditions: 1. We require hunters to possess and carry a signed refuge hunting permit (see condition A2 below) while hunting migratory game birds on the refuge. We open the Cow Island unit of the refuge only to migratory game bird hunting. We close all other areas of the refuge to all public entry. 2. We require migratory game bird hunters to obtain a permit by way of quota hunt application and subsequent lottery administered through the Virginia Department of Game and Inland Fisheries. We mail permits to successful applicants. 3. We prohibit jump-shooting by foot or boat. All hunting must take place from a blind as determined by the hunting permit. 4. We allow only one boat or hunting party at each of the hunting locations. 5. An adult age 21 or older, possessing and carrying a valid hunting license and refuge hunting permit, must accompany and directly control youth hunters ages 12 to 17. We prohibit persons younger than age 12 to hunt on the refuge. PO 00000 Frm 00061 Fmt 4701 Sfmt 4702 56419 6. Persons possessing, transporting, or carrying firearms on national wildlife refuges must comply with all provisions of State and local law. Persons may only use (discharge) firearms in accordance with refuge regulations (see §27.42 of this chapter). * * * * * Presquile National Wildlife Refuge * * * * * C. Big Game Hunting. We allow hunting of white-tailed deer on designated areas of the refuge in accordance with State regulations subject to the following conditions: 1. We require big game hunters to obtain a permit by way of quota hunt application and subsequent lottery administered through the Virginia Department of Game and Inland Fisheries. We require a fee to obtain a refuge hunting permit. We notify successful applicants by mail or e-mail, and if we receive the hunting fee by the date identified in the mailing, we mail refuge hunting permits to successful applicants. 2. We require hunters to possess a refuge hunting permit, along with their State hunting license and stamps, while on refuge property. 3. We require still hunting only. We prohibit the use of ‘‘man drives,’’ defined as individual or group efforts intended to ‘‘push’’ or ‘‘jump’’ deer for the purposes of hunting. 4. We allow the use of shotguns (20gauge or larger, loaded with buckshot and or rifled slugs). We require hunters using slugs to be in a stand elevated 10 feet (30) or more above the ground. 5. We allow the take of two deer of either sex per day. 6. We prohibit dogs. 7. We prohibit the discharge of a weapon within 300 feet (90 m) of any building. 8. We allow only portable tree stands that hunters must remove at the end of each hunt day (see §27.93 of this chapter). We prohibit damage to trees (see §32.2(i)). 9. We require hunters to wear in a conspicuous manner on head, chest, and back a minimum of 400 square inches (2,600 cm2) of solid-colored, hunter-orange clothing or material. 10. We prohibit the use of flagging to mark trails or for any other purpose (see §27.93 of this chapter). 11. Persons possessing, transporting, or carrying firearms on national wildlife refuges must comply with all provisions of State and local law. Persons may only use (discharge) firearms in accordance with refuge regulations (see §27.42 of this chapter). E:\FR\FM\15SEP2.SGM 15SEP2 56420 Federal Register / Vol. 75, No. 178 / Wednesday, September 15, 2010 / Proposed Rules chapter). We prohibit damaging trees (see §32.2(i)). 8. We require hunters during archeryonly season to wear in a conspicuous manner a minimum of 100 square inches (650 cm2) of solid-colored, hunter-orange material or clothing while moving to and from their stand or hunting location. 9. We require hunters during muzzleloader and firearms seasons to wear in a conspicuous manner on head, chest, and back a minimum of 400 square inches (2,600 cm2) of solidcolored, hunter-orange material or clothing. 10. We prohibit the use of flagging to mark trails or for any other purpose (see §27.93 of this chapter). 11. We prohibit the use of vehicles except on designated refuge roads. 12. Hunters possessing, transporting, Rappahannock River Valley National or carrying firearms on the refuge must Wildlife Refuge comply with all provisions of State and * * * * * local law. We prohibit the discharge of C. Big Game Hunting. We allow firearms or archery equipment within hunting of white-tailed deer on 100 feet (30 m) of refuge roads as designated areas of the refuge in marked on the refuge hunt maps. accordance with State regulations 13. An adult age 21 or older, subject to the following conditions: possessing and carrying a valid hunting 1. We require big game hunters to license and refuge hunting permit, must obtain a permit by way of quota hunt accompany and directly control youth application and subsequent lottery hunters ages 12 to 17. We prohibit administered through the Virginia persons younger than age 12 to hunt on Department of Game and Inland the refuge. Fisheries. We require a fee to obtain a 14. We require hunters to report refuge hunting permit (signed and dated accidents or injuries to the refuge office sheet). We notify successful applicants or sheriff’s office within 24 hours after by mail or e-mail, and if we receive the the incident. Hunters must report hunting fee by the date identified in the accidents resulting in serious injury to mailing, we mail refuge hunting permits the sheriff’s office immediately. to successful applicants. We offer walk15. We prohibit the use or possession in registration to fill hunting slots not of alcohol while hunting on the refuge filled during the lottery process. (see §32.2(j)). 2. We require hunters to possess a 16. We prohibit the discharge of a refuge hunting permit (signed and dated weapon within 300 feet (90 m) of any sheet), along with their State hunting building. license and stamps, while on refuge D. Sport Fishing. We allow fishing on property. We require hunters to display designated areas of the refuge in a vehicle permit (contains date selected accordance with State regulations to hunt and permit number) provided by subject to the following conditions: the refuge on the dashboard of their 1. We allow fishing access daily from vehicle while on the refuge so that the legal sunrise to legal sunset. permit is visible through the 2. During the period when the refuge windshield. is open for hunting, we will close 3. We require still hunting only. We prohibit the use of ‘‘man drives,’’ defined hunting areas to all other uses, including sport fishing. as individual or group efforts intended 3. We prohibit fishing by any means to ‘‘push’’ or ‘‘jump’’ deer for the other than by use of one or more purposes of hunting. attended poles with hook and line 4. We allow archery, muzzleloader, attached. and shotgun hunting on designated 4. We prohibit the use of lead sinkers refuge tracts and days. in freshwater ponds, including Wilna 5. We permit the take of two deer of Pond and Laurel Grove Pond. either sex per day. 5. We require catch-and-release 6. We prohibit dogs. fishing for largemouth bass in 7. We allow only portable tree stands freshwater ponds, including Wilna Pond that hunters must remove at the end of and Laurel Grove Pond. Anglers may each hunt day (see §27.93 of this srobinson on DSKHWCL6B1PROD with PROPOSALS2 12. An adult, age 21 or older, who must also possess and carry a valid hunting license and refuge hunting permit, must accompany and directly control youth hunters ages 12 to 17. We prohibit persons younger than age 12 to hunt on the refuge. 13. We prohibit the use or possession of alcohol while hunting on the refuge (see §32.2(j)). 14. We require hunters to dock their boats at designated locations on the refuge. 15. We require hunters to report accidents or injuries to the refuge office or sheriff’s office within 24 hours after the incident. Hunters must report hunting accidents resulting in serious injury to the sheriff’s office immediately. * * * * * VerDate Mar<15>2010 19:17 Sep 14, 2010 Jkt 220001 PO 00000 Frm 00062 Fmt 4701 Sfmt 4702 take other finfish species in accordance with State regulations. 6. We prohibit the take of any reptile, amphibian, or invertebrate species for use as bait or for any other purpose. 7. We prohibit the use of minnows as bait. 8. We prohibit use of boats propelled by gasoline motors, sail, or mechanically operated paddle wheel. 9. Prescheduled environmental education field trips will have priority over other uses, including sport fishing, on the Wilna Pond and Hutchinson piers at all times. * * * * * 32. Amend §32.68 West Virginia by revising paragraphs A.1., A.6., B.1., and C.1. of Canaan Valley National Wildlife Refuge to read as follows: §32.68 * West Virginia. * * * * Canaan Valley National Wildlife Refuge A. Migratory Game Bird Hunting. * * * 1. We require each hunter to possess and carry a signed refuge hunting permit (name, address, phone number), State hunting license, and driver’s license (or other photo identification card) at all times while hunting on the refuge. The refuge hunting permit is free, and you may obtain it at the refuge headquarters. We require each hunter to submit a Migratory Bird Hunt Report (FWS Form 3-2361) at the end of the hunting season. Hunters must submit this form to the refuge headquarters if they wish to receive a hunting permit the following year. * * * * * 6. We prohibit scouting and dog training except during legal hunting seasons. * * * * * B. Upland Game Hunting. * * * 1. Conditions A1 (Upland/Small Game Furbearer Report; FWS Form 32362), A2, A6, and A7 apply. * * * * * C. Big Game Hunting. * * * 1. Conditions A1 (Big Game Harvest Report; FWS Form 3-2359), A2, A6, A7, and B4 apply. * * * * * 33. Amend §32.69 Wisconsin by: a. Revising paragraph B. of Leopold Wetland Management District; and b. Revising paragraphs A. and B. of St. Croix Wetland Management District to read as follows: §32.69 * E:\FR\FM\15SEP2.SGM Wisconsin. * * 15SEP2 * * Federal Register / Vol. 75, No. 178 / Wednesday, September 15, 2010 / Proposed Rules Leopold Wetland Management District * * * * * B. Upland Game Hunting. We allow hunting of upland game throughout the district (except that we prohibit hunting on the Blue-wing Waterfowl Production Area (WPA) in Ozaukee County or the Wilcox WPA in Waushara County) in accordance with State regulations subject to the following conditions: 1. Condition A1 applies. 2. You may possess approved nontoxic shot shells while hunting in the field, including shot shells used for hunting wild turkey (see §32.2(k)). * * * * * srobinson on DSKHWCL6B1PROD with PROPOSALS2 St. Croix Wetland Management District A. Migratory Game Bird Hunting. We allow hunting of migratory game birds throughout the district in accordance with State regulations subject to the following conditions: VerDate Mar<15>2010 19:17 Sep 14, 2010 Jkt 220001 1. We prohibit hunting on designated portions posted as closed of the St. Croix Prairie Waterfowl Production Area (WPA) in St. Croix County. 2. We close the Oak Ridge Waterfowl Production Area in St. Croix County to hunting from the opening day of waterfowl season until the first Saturday in December except deer hunting during regular archery, gun, and muzzleloader seasons. B. Upland Game Hunting. We allow hunting of upland game throughout the district in accordance with State regulations subject to the following conditions: 1. Conditions A1 and A2 apply. 2. You may possess only approved nontoxic shot shells while hunting in the field, including shot shells used for hunting wild turkey (see §32.2(k)). * * * * * PO 00000 Frm 00063 Fmt 4701 Sfmt 9990 56421 34. Amend §32.70 Wyoming by revising paragraph C.1. and removing paragraph C.4. of National Elk Refuge to read as follows: §32.70 * Wyoming. * * * * National Elk Refuge * * * * * C. Big Game Hunting. * * * 1. We require refuge permits (issued by State of Wyoming). * * * * * Dated: August 25, 2010 Will Shafroth, Assistant Secretary for Fish and Wildlife and Parks. [FR Doc. 2010–22131 Filed 9–14–10; 8:45 am] BILLING CODE S E:\FR\FM\15SEP2.SGM 15SEP2

Agencies

[Federal Register Volume 75, Number 178 (Wednesday, September 15, 2010)]
[Proposed Rules]
[Pages 56360-56421]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-22131]



[[Page 56359]]

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

Part III





Department of the Interior





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



Fish and Wildlife Service



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



50 CFR Part 32



2010-2011 Refuge-Specific Hunting and Sport Fishing Regulations; 
Proposed Rule

Federal Register / Vol. 75 , No. 178 / Wednesday, September 15, 2010 
/ Proposed Rules

[[Page 56360]]


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

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 32

[Docket No. FWS-R9-NSR-2010-0036]
[93270-1265-0000-4A]
RIN 1018-AX20


2010-2011 Refuge-Specific Hunting and Sport Fishing Regulations

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule.

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

SUMMARY:  The Fish and Wildlife Service proposes to add one refuge to 
the list of areas open for hunting and/or sport fishing and increase 
the activities available at seven other refuges, along with pertinent 
refuge-specific regulations on other refuges that pertain to migratory 
game bird hunting, upland game hunting, big game hunting, and sport 
fishing for the 2010-2011 season.

DATES: We will accept comments received or postmarked on or before by 
October 15, 2010.

ADDRESSES: You may submit comments by one of the following methods:
     Federal eRulemaking Portal: https://www.regulations.gov. 
Follow the instructions for submitting comments to Docket No FWS-R9-
NSR-2010-0036.
     U.S. mail or hand-delivery: Public Comments Processing, 
Attn: RIN 1018-AX20; Division of Policy and Directives Management; U.S. 
Fish and Wildlife Service; 4401 N. Fairfax Drive, Suite 222; Arlington, 
VA 22203.
    We will not accept e-mail or faxes. We will post all comments on 
https://www.regulations.gov. This generally means that we will post any 
personal information you provide us (see the Request for Comments 
section below for more information). For information on specific 
refuges' public use programs and the conditions that apply to them or 
for copies of compatibility determinations for any refuge(s), contact 
individual programs at the addresses/phone numbers given in ``Available 
Information for Specific Refuges'' under SUPPLEMENTARY INFORMATION.

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

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

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

[[Page 56361]]

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.

Amendments to Existing Regulations

    This document proposes to codify in the Code of Federal Regulations 
all of the Service's hunting and/or sport fishing regulations that are 
applicable at Refuge System units previously opened to hunting and/or 
sport fishing. We are doing this to better inform the general public of 
the regulations at each refuge, to increase understanding and 
compliance with these regulations, and to make enforcement of these 
regulations more efficient. In addition to now finding these 
regulations in 50 CFR part 32, visitors to our refuges will usually 
find them reiterated in literature distributed by each refuge or posted 
on signs.
    We have cross-referenced a number of existing regulations in 50 CFR 
parts 26, 27, and 32 to assist hunting and sport fishing visitors with 
understanding safety and other legal requirements on refuges. This 
redundancy is deliberate, with the intention of improving safety and 
compliance in our hunting and sport fishing programs.

                                                  Table 1. Changes for 2010-2011 Hunting/Fishing Season
--------------------------------------------------------------------------------------------------------------------------------------------------------
      National Wildlife Refuge                State          Migratory Bird Hunting   Upland Game Hunting      Big Game Hunting           Fishing
--------------------------------------------------------------------------------------------------------------------------------------------------------
Modoc                                CA                      C                       Already open           Closed                 Already open
--------------------------------------------------------------------------------------------------------------------------------------------------------
Cape May                             NJ                      Already open            B                      D (turkey)             Already open
--------------------------------------------------------------------------------------------------------------------------------------------------------
Fort Niobrara                        NE                      Closed                  Closed                 B                      Already open
--------------------------------------------------------------------------------------------------------------------------------------------------------
Caddo Lake                           TX                      Closed                  Closed                 A                      Closed
--------------------------------------------------------------------------------------------------------------------------------------------------------
Deep Fork                            OK                      Already open            Already open           C                      Already open
--------------------------------------------------------------------------------------------------------------------------------------------------------
Bosque del Apache                    NM                      Already open            Already open           D (turkey)             Already open
--------------------------------------------------------------------------------------------------------------------------------------------------------
Rappahannock River Valley            VA                      Closed                  Closed                 Already open           C
--------------------------------------------------------------------------------------------------------------------------------------------------------
Minnesota Valley                     MN                      C/D                     C/D                    C                      Already open
--------------------------------------------------------------------------------------------------------------------------------------------------------
A = New refuge opened
B = New activity on a refuge previously opened to other activities
C = Refuge already open to activity but added new land/waters which increased activity
D = Refuge already open to activity but added new species to hunt

    The changes for the 2010-11 hunting/fishing season noted in the 
chart above are each based on a complete administrative record which, 
among other detailed documentation, also includes a hunt plan, a 
compatibility determination, and the appropriate NEPA analysis, all of 
which were the subject of a public review and comment process. These 
documents are available upon request.

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/waterscience/fish/.

Plain Language Mandate

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

Request for Comments

    You may submit comment and materials on this proposed rule by any 
one of the methods listed in the ADDRESSES section. We will not accept 
comments sent by e-mail or fax or to an address not listed in the 
ADDRESSES section. We will not consider hand-delivered comments that we 
do not receive, or mailed comments that are not postmarked, by the date 
specified in the DATES section.
    We will post your entire comment on https://www.regulations.gov. 
Before including personal identifying information in your comment, you 
should be aware that your entire comment - including your personal 
identifying information - may be made publicly available at any time. 
While you can ask us in your comment to withhold your personal 
identifying information from public review, we cannot guarantee that we 
will be able to do so. We will post all hardcopy comments on https://www.regulations.gov.

Public Comment

    Department of the Interior policy is, whenever practicable, to 
afford the public a meaningful opportunity to participate in the 
rulemaking process.

[[Page 56362]]

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

Clarity of This Rule

    We are required by Executive Orders 12866 and 12988 and by the 
Presidential Memorandum of June 1, 1998, to write all rules in plain 
language. This means that each rule we publish must:
    (a) Be logically organized;
    (b) Use the active voice to address readers directly;
    (c) Use clear language rather than jargon;
    (d) Be divided into short sections and sentences; and
    (e) Use lists and tables wherever possible.
    If you feel that we have not met these requirements, send us 
comments by one of the methods listed in the ADDRESSES section. To 
better help us revise the rule, your comments should be a specific as 
possible. For example, you should tell us the numbers of the sections 
or paragraphs that are unclearly written, which sections or sentences 
are too long, the sections where you feel lists or tables would be 
useful, etc.

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 proposed rule adds one national wildlife refuge to the list of 
refuges open to hunting, increases hunting activities on six national 
wildlife refuges, and increases fishing activities 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 programs were a pure addition to the current 
supply of such activities, it would mean an estimated increase of 
12,330 user days (one person per day participating in a recreational 
opportunity) (Table 2). Because the participation trend is flat in 
these activities since 1991, this increase in supply will most likely 
be offset by other sites losing participants. Therefore, this is likely 
to be a substitute site for the activity and not necessarily an 
increase in participation rates for the activity.

                       Table 2. Estimated Change in Recreation Opportunities in 2010/2011
----------------------------------------------------------------------------------------------------------------
             Refuge                 Additional Days                     Additional Expenditures
----------------------------------------------------------------------------------------------------------------
Modoc                             130                                                                   $13,868
----------------------------------------------------------------------------------------------------------------
Cape May                          1,700                                                                $181,356
----------------------------------------------------------------------------------------------------------------
Fort Niobrara                     250                                                                   $26,670
----------------------------------------------------------------------------------------------------------------
Caddo Lake                        225                                                                   $24,003
----------------------------------------------------------------------------------------------------------------

[[Page 56363]]

 
Deep Fork                         177                                                                   $18,882
----------------------------------------------------------------------------------------------------------------
Bosque del Apache                 8                                                                        $853
----------------------------------------------------------------------------------------------------------------
Rappahannock River Valley         640                                                                   $51,510
----------------------------------------------------------------------------------------------------------------
Minnesota Valley                  9,200                                                                $981,454
----------------------------------------------------------------------------------------------------------------
Total                             12,330                                                             $1,298,596
----------------------------------------------------------------------------------------------------------------

    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 $1.3 
million in recreation-related expenditures (Table 2). By having ripple 
effects throughout the economy, these direct expenditures are only part 
of the economic impact of these recreational activities. Using a 
national impact multiplier for hunting activities (2.67) derived from 
the report ``Economic Importance of Hunting in America'' and a national 
impact multiplier for fishing activities (2.79) derived from the report 
``Economic Importance of Fishing in America'' yields a total economic 
impact of approximately $3.5 million (2009 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 $3.5 million, and most likely considerably less. Since 
80 percent of the participants travel less than 100 miles to engage in 
hunting and fishing activities, their spending patterns would not add 
new money into the local economy and, therefore, the real impact would 
be on the order of about $695,000 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 $695,000 to be spent in total in the refuges' local 
economies. The maximum increase ($3.5 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 2010/2011 (thousands, 2009 dollars)
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                Estimated Maximum
         Refuge/County(ies)           Retail Trade in 2002      Addition from New       Addition as % of      Establishments in    Establ. With < 10 emp
                                            (2009 $ )              Activities                Total                   2007                 in 2007
--------------------------------------------------------------------------------------------------------------------------------------------------------
Modoc                                                                                                                              .....................
--------------------------------------------------------------------------------------------------------------------------------------------------------
              Modoc, CA              $51,719                 $13.9                   0.027%                 33                     22
--------------------------------------------------------------------------------------------------------------------------------------------------------
              Cape May                                                                                                             .....................
--------------------------------------------------------------------------------------------------------------------------------------------------------
Cape May, NJ                         $1,649,345              $181.4                  0.011%                 746                    597
--------------------------------------------------------------------------------------------------------------------------------------------------------
Fort Niobrara                                                                                                                      .....................
--------------------------------------------------------------------------------------------------------------------------------------------------------
              Cherry, NE             $80,374                 $26.7                   0.033%                 44                     28
--------------------------------------------------------------------------------------------------------------------------------------------------------
Caddo Lake                                                                                                                         .....................
--------------------------------------------------------------------------------------------------------------------------------------------------------
              Caddo, LA              $3,329,277              $6.0                    0.000%                 999                    685
--------------------------------------------------------------------------------------------------------------------------------------------------------
              Bossier, LA            $1,369,032              $6.0                    0.000%                 469                    201
--------------------------------------------------------------------------------------------------------------------------------------------------------
              Harrison, TX           $505,210                $6.0                    0.001%                 209                    160
--------------------------------------------------------------------------------------------------------------------------------------------------------
              Marion, TX             $63,964                 $6.0                    0.009%                 38                     30
--------------------------------------------------------------------------------------------------------------------------------------------------------
Deep Fork                                                                                                                          .....................
--------------------------------------------------------------------------------------------------------------------------------------------------------

[[Page 56364]]

 
              Okmulgee, OK           $302,176                $18.9                   0.006%                 128                    98
--------------------------------------------------------------------------------------------------------------------------------------------------------
Bosque del Apache                                                                                                                  .....................
--------------------------------------------------------------------------------------------------------------------------------------------------------
              Bernalillo, NM         $9,354,821              $0.3                    0%                     2,272                  1,512
--------------------------------------------------------------------------------------------------------------------------------------------------------
              Socorro, NM            $91,494                 $0.3                    0%                     47                     35
--------------------------------------------------------------------------------------------------------------------------------------------------------
              Sierra, NM             $85,374                 $0.3                    0%                     563                    40
--------------------------------------------------------------------------------------------------------------------------------------------------------
Rappahannock River Valley                                                                                                          .....................
--------------------------------------------------------------------------------------------------------------------------------------------------------
              Northumberland, VA     $72,965                 $51.5                   0.071%                 50                     39
--------------------------------------------------------------------------------------------------------------------------------------------------------
Minnesota Valley                                                                                                                   .....................
--------------------------------------------------------------------------------------------------------------------------------------------------------
              Hennepin MN            $20,238,488             $245.4                  0.001%                 4,399                  2,742
--------------------------------------------------------------------------------------------------------------------------------------------------------
              Carver MN              $703,601                $245.4                  0.035%                 232                    142
--------------------------------------------------------------------------------------------------------------------------------------------------------
              Scott MN               $878,227                $245.4                  0.028%                 358                    240
--------------------------------------------------------------------------------------------------------------------------------------------------------
              Dakota MN              $5,787,006              $245.4                  0.004%                 1,181                  722
--------------------------------------------------------------------------------------------------------------------------------------------------------

    With the small change in overall spending anticipated from this 
proposed 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 proposed 
rule will not have a significant economic effect on a substantial 
number of small entities as defined under the Regulatory Flexibility 
Act (5 U.S.C. 601 et seq.). An initial/final Regulatory Flexibility 
Analysis is not required. Accordingly, a Small Entity Compliance Guide 
is not required.

Small Business Regulatory Enforcement Fairness Act

    The proposed rule is not a major rule under 5 U.S.C. 804(2), the 
Small Business Regulatory Enforcement Fairness Act. We anticipate no 
significant employment or small business effects. This rule:
    a. Would not have an annual effect on the economy of $100 million 
or more. The 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 proposed rule would 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 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, the increased 
travel cost would be small. We do not expect this proposed rule to 
affect the supply or demand for hunting opportunities in the United 
States and, therefore, it should not affect prices for hunting 
equipment and supplies, or the retailers that sell equipment.
    c. Would not have significant adverse effects on competition, 
employment, investment, productivity, innovation, or the ability of 
United States-based enterprises to compete with foreign-based 
enterprises. This proposed rule represents only a small proportion of 
recreational spending 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 proposed rule would apply to public use of federally 
owned and managed refuges, it would not impose an unfunded mandate on 
State, local, or Tribal governments or the private sector of more than 
$100 million per year. The rule would not have a significant or unique 
effect on State, local, or Tribal governments or the private sector. A 
statement containing the information required by the Unfunded Mandates 
Reform Act (2 U.S.C. 1531 et seq.) is not required.

Takings (E.O. 12630)

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

Federalism (E.O. 13132)

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

Civil Justice Reform (E.O. 12988)

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

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

    On May 18, 2001, the President issued E.O. 13211 on regulations 
that significantly affect energy supply,

[[Page 56365]]

distribution, and use. E.O. 13211 requires agencies to prepare 
Statements of Energy Effects when undertaking certain actions. Because 
this proposed rule would increase activities at seven refuges and open 
one new refuge, 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 of 1973, as 
amended (16 U.S.C. 1531 et seq.), 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. We have completed section 7 
consultation on each of the affected refuges.

National Environmental Policy Act

    We analyzed this proposed rule in accordance with the criteria of 
the National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 
4332(C)), 43 CFR part 46, and 516 Departmental Manual (DM) 8.
    A categorical exclusion from NEPA documentation applies to 
publication of proposed amendments to refuge-specific hunting and 
fishing regulations since they are technical and procedural in nature, 
and the environmental effects are too broad, speculative, or 
conjectural to lend themselves to meaningful analysis (43 CFR 46.210 
and 516 DM 8). Concerning the actions that are the subject of this 
proposed rulemaking, we have complied with NEPA at the project level 
when developing 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).
    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 have information about public use 
programs and conditions that apply to their specific programs and maps 
of their respective areas. To find out how to contact a specific 
refuge, 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, 
OR 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, NM 87103; Telephone (505) 248-
7419.
    Caddo Lake National Wildlife Refuge, P.O. Box 230, Karnack, TX 
75661; Telephone (903) 679-9144.
    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, MN 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, GA 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, MA 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, CO 
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, AK 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, CA 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 propose to amend 
title 50, chapter I, subchapter C of the Code of Federal Regulations as 
follows:

PART 32-[AMENDED]

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

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

    2. Amend Sec. 32.7 ``What refuge units are open to hunting and/or 
sport fishing?'' by:
    a. Adding Michigan Wetland Management District, in alphabetical 
order, in the State of Michigan; and

[[Page 56366]]

    b. Adding Caddo Lake National Wildlife Refuge, in alphabetical 
order, in the State of Texas.
    3. Amend Sec. 32.20 Alabama by:
    a. Revising paragraphs B., C., and D. of Choctaw National Wildlife 
Refuge; and
    b. Revising paragraph A.1., adding paragraph A.6., and revising 
paragraph C.3., of Eufaula National Wildlife Refuge to read as follows:


Sec. 32.20  Alabama.

* * * * *

Choctaw National Wildlife Refuge

* * * * *
    B. Upland Game Hunting. We allow hunting of squirrel, rabbit, 
raccoon, and opossum on designated areas of the refuge in accordance 
with State regulations subject to the following conditions:
    1. We prohibit hunting within 100 yards (90 m) of the fenced-in 
refuge work center area, hiking trail, and refuge boat ramp.
    2. We prohibit marking trees and using flagging tape, reflective 
tacks, and other similar marking devices.
    3. We allow take of incidental species as listed in the refuge hunt 
permit (signed brochure) during any hunt with those weapons legal 
during those hunts.
    4. Hunters must possess and carry a signed refuge hunt permit 
(signed brochure) when hunting.
    5. All youth hunters age 15 and younger must remain within sight 
and normal voice contact of an adult age 21 or older, possessing a 
license and permit. One adult may supervise no more than two youth 
hunters.
    6. We prohibit overnight mooring or storage of boats.
    7. We require hunters to check all harvested game at the conclusion 
of each day at one of the refuge check out stations.
    8. A hunter may only use approved nontoxic shot (see Sec. 32.2(k)). 
We restrict hunting weapons to shotguns with shot size no larger than 
No. 6 or rifles no larger than .22 standard rimfire or legal archery 
equipment.
    9. We prohibit the use of mules, horses, and ATVs.
    10. We allow dogs for upland game hunting except in Middle Swamp. 
We allow dogs only in Middle Swamp the last 2 weeks of upland game 
season.
    C. Big Game Hunting. We allow hunting of white-tailed deer and 
feral hog in accordance with State regulations subject to the following 
conditions:
    1. Conditions B1 through B9 apply.
    2. We require tree stand users to use a safety belt or harness.
    3. We prohibit damaging trees or hunting from a tree that contains 
an inserted metal object (see Sec. 32.2(i)). We require hunters to 
remove all tree stands and blinds daily (see Sec. 27.93 of this 
chapter).
    4. We prohibit participation in organized drives.
    5. We prohibit hunting by aid or distribution of any feed, salt, or 
other mineral at any time (see Sec. 32.2(h)).
    D. Sport Fishing. We allow fishing in designated areas of the 
refuge in accordance with State regulations subject to the following 
conditions:
    1. We allow fishing year-round, except in the waterfowl sanctuary, 
which we close from December 1 through March 1.
    2. With the exception of the refuge boat ramp, we limit access from 
[frac12] hour before legal sunrise to [frac12] hour after legal sunset.
    3. We allow a rod and reel and pole and line. We prohibit all other 
methods of fishing.
    4. We prohibit the taking of frogs and turtles (see Sec. 27.21 of 
this chapter).
    5. We prohibit bow fishing.
    6. We prohibit the use of airboats, hovercrafts, and inboard-water-
thrust boats such as, but not limited to, personal watercraft, 
watercycles, and waterbikes.
    7. We require a refuge Special Use Permit (FWS Form 3-1383) for 
commercial fishing. Commercial anglers may use nets, seines, baskets, 
and boxes legal for use within the State of Alabama.
    8. We prohibit mooring or storing of boats from [frac12] hour after 
legal sunset to [frac12] hour before legal sunrise.

Eufaula National Wildlife Refuge

A. Migratory Bird Hunting. * * *

    1. You must possess and carry a signed refuge hunt brochure 
(permit) when hunting.
* * * * *
    6. All waterfowl hunting opportunities are spaced-blind and 
assigned by lottery. Hunters wishing to participate in our waterfowl 
hunt must submit a Waterfowl Lottery Application (FWS Form 3-2355). 
Consult the refuge brochure for details.
* * * * *

C. Big Game Hunting. * * *

* * * * *
    3. All youth gun hunting opportunities are spaced-blind and 
assigned by lottery. Hunters wishing to participate in our youth gun 
hunt must submit a Big/Upland Game Hunt Application (FWS Form 3-2356). 
Consult the refuge brochure for details.
* * * * *
    4. Amend Sec. 32.22 Arizona by:
    a. Revising paragraphs A.2. through A.6., A.10., C.1., and C.2., 
adding paragraph C.3., and revising paragraphs D.1. and D.3. of Bill 
Williams River National Wildlife Refuge;
    b. Revising the introductory text of paragraph A., and revising 
paragraphs B. and C.2. of Buenos Aires National Wildlife Refuge; and
    c. Removing paragraph B.4. and redesignating paragraph B.5. as B.4. 
of Imperial National Wildlife Refuge.
    The revisions and additions read as follows:


Sec. 32.22  Arizona.

    * * *

Bill Williams River National Wildlife Refuge

A. Migratory Game Bird Hunting. * * *

* * * * *
    2. You may possess only nontoxic shot while hunting in the field 
(see Sec. 32.2(k)).
    3. We prohibit hunting within 50 yards (45 m) of any building, 
road, or levee open to public use.
    4. We allow hunting/angling on the refuge only in those areas 
posted or designated as open. The public hunting area is generally 
described as south of the Bill Williams Road and east of Arizona State 
Rt. 95 plus the south half of Section 35, T 11N-R 17W as posted. We 
close the isolated grow-out cove near the visitor center to fishing as 
posted.
    5. We allow hunting/angling in accordance with State regulations 
only for the listed species.
    6. You may retrieve fish or game from an area closed to hunting or 
entry only upon specific consent from an authorized refuge employee.
* * * * *
    10. All refuge visitors 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).
* * * * *

C. Big Game Hunting * * *

    1. Conditions A4 through A11 apply.
    2. In Arizona Wildlife Management Unit 44A, we allow hunting on the 
refuge only 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.
    3. In Arizona Wildlife Management Unit 16A, we allow hunting for 
desert bighorn sheep only in those areas north of the Bill Williams 
River.

D. Sport Fishing.* * *

    1. Conditions A4 through A11 apply.
* * * * *

[[Page 56367]]

    3. We designate all refuge waters as wakeless speed zones (as 
defined by State law).
* * * * *

Buenos Aires National Wildlife Refuge

    A. Migratory Game Bird Hunting. We allow hunting of goose, duck, 
coot, and dove on designated areas of the refuge in accordance with 
State regulations subject to the following conditions:
* * * * *
    B. Upland Game Hunting. We allow hunting of rabbit, coyote, and 
skunk on designated areas of the refuge in accordance with State 
regulations subject to the following condition: Conditions A1 through 
A3 apply.

C. Big Game Hunting. * * *

* * * * *
    2. Conditions A1 through A3 apply.
* * * * *
    5. Amend Sec. 32.23 Arkansas by:
    a. Revising Bald Knob National Wildlife Refuge;
    b. Revising paragraph B., C.1., C.3., C.5., C.8., C.12., removing 
paragraph C.13., and revising paragraph D. of Big Lake National 
Wildlife Refuge;
    c. Revising Cache River National Wildlife Refuge;
    d. Revising paragraphs A., B., C.1., C.3. through C.9., C.13. 
through C.15., and D. of Felsenthal National Wildlife Refuge;
    e. Removing paragraph B.4., redesignating paragraphs B.5. through 
B.14. as paragraphs B.4. through B.13., revising newly redesignated 
paragraphs B.6., B.11., and B.13., and revising paragraphs C.1., C.2., 
and D.1. of Holla Bend National Wildlife Refuge;
    f. Revising the introductory text of paragraph A., revising 
paragraphs A.1., A.3., A.5., A.7., A.9., A.10., and A.12. through 
A.17., removing paragraph A.20. and redesignating paragraphs A.21. 
through A.24. as paragraphs A.20. through A.23., revising the 
introductory text of paragraph B., revising paragraphs B.1., B.3. 
through B.5., C.1. through C.5., and C.8. through C.11. of Overflow 
National Wildlife Refuge;
    g. Revising paragraphs A.1., A.3., A.5., A.7., and A.11. through 
A.18., removing paragraph A.19., redesignating paragraphs A.20. through 
A.24. as paragraphs A.19. through A.23., and revising paragraphs B., 
C.2., C.4. through C.8., and C.12. through C.16. of Pond Creek National 
Wildlife Refuge;
    h. Revising paragraph A.1., adding paragraphs A.5. through A.11., 
revising paragraphs B., C.1., C.2., C.7. through C.9., D.1., and D.5. 
through D.8., and removing paragraph D.9. of Wapanocca National 
Wildlife Refuge; and
    i. Revising paragraphs A., B.1. through B.3., and B.7., adding 
paragraphs B.9. through B.11. and revising paragraphs C. and D. of 
White River National Wildlife Refuge.
    The revisions and additions read as follows:


Sec. 32.23  Arkansas.

* * * * *

Bald Knob National Wildlife Refuge

    A. Migratory Game Bird Hunting. We allow hunting of duck, goose, 
coot, snipe, woodcock, and dove on designated areas of the refuge in 
accordance with State regulations subject to the following conditions:
    1. We require refuge hunting permits. The permits (found on the 
front cover of the annual hunt brochure/permit - signature required) 
are nontransferable, and anyone on refuge land in possession of hunting 
equipment must sign, possess, and carry the permits at all times.
    2. We allow hunting of duck, goose, coot, dove, and snipe daily 
until 12 p.m. (noon) throughout the State seasons, except for season 
closures on the Farm Unit during the Quota Gun Deer Hunt and for the 
exception provided in A3.
    3. We allow hunting for goose from [frac12] hour before legal 
sunrise until [frac12] hour past legal sunset after the closing of the 
duck season in January for the remainder of the State goose season(s) 
and Snow, Blue, and Ross' Goose Conservation Orders.
    4. We allow hunting for woodcock daily throughout the State 
seasons, except for season closures during the Quota Gun Deer Hunt.
    5. We prohibit commercial hunting/guiding.
    6. You may possess only approved nontoxic shot shells for hunting 
while in the field (see Sec. 32.2(k)) in quantities of 25 or less. The 
possession limit includes shells located in/on vehicles and other 
personal equipment. The field possession limit for shells does not 
apply to goose hunting after the closing of the duck season in January.
    7. We prohibit hunting closer than 100 yards (90 m) to another 
hunter or hunting party.
    8. You must remove decoys, blinds, boats, and all other equipment 
(see Sec. 27.93 of this chapter) daily by 1 p.m.
    9. Waterfowl hunters may enter the refuge at 4 a.m.
    10. Boats with the owner's name and address permanently displayed 
or valid registration may be left on the refuge from March 1 through 
October 31. We prohibit the use of boats from 12 p.m. (midnight) to 4 
a.m. during duck season.
    11. Hunters may use and possess only biodegradable materials to 
mark trails.
    12. We prohibit building or hunting from permanent blinds. We 
prohibit driving or screwing any metal object into a tree or hunting 
from a tree in which a metal object has been driven or screwed to 
support a hunter (see Sec. 32.2(i)).
    13. We prohibit cutting of holes or manipulation of vegetation 
(i.e., cutting bushes, mowing, weed-eating, herbicide use, etc.) and 
hunting from manipulated areas (see Sec. 27.51 of this chapter).
    14. We allow use of dogs for migratory game bird hunting.
    15. We allow waterfowl hunting from refuge roads and levees.
    16. Any hunter born after 1968 must carry a valid hunter education 
card. An adult at least age 21 must supervise hunters under age 16 who 
have a valid hunter education card and remain within sight and normal 
voice contact with the youth. Hunters under age 16 do not need to have 
a card if they are under the direct supervision (within arm's reach) of 
an adult (at least age 21) holder of a valid hunting license. An adult 
may supervise up to two youths for migratory bird and upland game 
hunting but may supervise only one youth for big game hunting. We will 
honor home State hunter education cards.
    17. We prohibit target practice or nonhunting discharge of firearms 
(see Sec. 27.42 of this chapter).
    18. We allow vehicle use only on established roads and trails (see 
Sec. 27.31 of this chapter). We limit vehicle access on the Mingo Creek 
unit to ATV use only, only on marked ATV trails, September 1 through 
February 28, and only to provide access for hunting beyond Parking 
Areas. Hunters may use conventional vehicles on the Farm Unit from 
March 1 through November 14 only. Hunters may only use ATVs from 
September 1 through February 28 and only to provide access for hunting 
beyond Parking Areas. We prohibit driving around a locked gate, 
barrier, or beyond a sign closing a road to vehicular traffic (see 
Sec. 27.31 of this chapter).
    19. We prohibit entry into or hunting in waterfowl sanctuaries from 
November 15 through February 28.
    20. Hunters must adhere to all public use special conditions and 
regulations on the annual hunt brochure (permit).
    21. We prohibit airboats, hovercraft, and personal watercraft (Jet 
Ski, etc.).
    22. We prohibit the possession or use of alcoholic beverages while 
hunting (see Sec. 32.2(j)).
    B. Upland Game Hunting. We allow hunting of squirrel, rabbit, 
quail, raccoon, opossum, beaver, muskrat, nutria, armadillo, coyote, 
and feral hog

[[Page 56368]]

on designated areas of the refuge in accordance with State regulations 
subject to the following special conditions:
    1. Conditions A1, A5, A10 through A12, and A16 through A22 apply.
    2. Hunters may use shotguns only with approved nontoxic shot (see 
Sec. 32.2(k)) and rifles chambered for rimfire cartridges.
    3. We allow squirrel hunting September 1 through February 28 on the 
Mingo Creek Unit and on the Farm Unit, except for season closure on the 
Farm Unit during the Quota Gun Deer Hunt. We prohibit dogs, except for 
the period of December 1 through February 28.
    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 Quota Gun Deer Hunt. We prohibit dogs, except 
for the period of December 1 through February 28.
    5. We allow quail hunting in accordance with the State season 
except for season closure on the Farm Unit during the Quota Gun Deer 
Hunt. We allow dogs.
    6. We allow hunting of raccoon and opossum with dogs on all refuge 
hunt units. We require dogs for hunting of raccoon/opossum at night. We 
list annual season dates in the refuge hunting brochure/permit. We 
prohibit field trials and organized training events.
    7. We prohibit the use of horses and mules.
    8. Hunters may take beaver, muskrat, nutria, armadillo, feral hog, 
and coyote during any refuge hunt with the device allowed for that hunt 
subject to State seasons.
    9. We prohibit hunting from refuge roads except by waterfowl 
hunters.
    10. We prohibit hunting from a vehicle.
    11. We limit nighttime use to fishing, frogging, and/or raccoon/
opossum hunting, and the hunter must possess the appropriate tackle or 
gear.
    C. Big Game Hunting. We allow hunting of deer and turkey on 
designated areas of the refuge in accordance with State regulations 
subject to the following conditions:
    1. Conditions A1, A5, A10 through A12, A16 through A22, and B8 
through B11 apply.
    2. We divide the refuge into two hunting units: Farm Unit and Mingo 
Creek Unit.
    3. The archery/crossbow hunting season for deer begins on the 
opening day of the State season and continues throughout the State 
season in the Mingo Creek Unit and Farm Unit except for the season 
closure on the Farm Unit during the Quota Gun Deer Hunt. We provide 
annual season dates and bag limits on the hunt brochure/permit 
(signature required).
    4. Muzzleloader hunting season for deer will begin in October and 
continue for a period of up to 9 days in all hunting units with annual 
season dates and bag limits provided on the hunt brochure/permit.
    5. The modern gun hunting season for deer will begin in November 
and continue for a period of up to 9 days on the Farm Unit with annual 
season dates and bag limits provided on the hunt brochure/permit. We 
close the Mingo Creek Unit.
    6. The fall archery/crossbow hunting season for turkey will begin 
on the opening day of the State season and continue throughout the 
State season on the Mingo Creek Unit only.
    7. We prohibit spring and fall gun hunting for turkey.
    8. Immediately record the zone 002 on your hunting license and 
later at an official check station for all deer and turkey harvested on 
the refuge.
    9. You may use only shotguns with rifled slugs, muzzleloaders, and 
legal pistols for modern gun deer hunting.
    10. We allow only portable deer stands capable of being carried by 
a single individual. Hunters may erect stands 7 days prior to the 
refuge deer season and must remove them from the waterfowl sanctuaries 
prior to November 15, except for stands used by Quota Gun Deer Hunt 
permit holders (signature required), which must be removed by the last 
day of the Quota Gun Deer Hunt. Hunters must remove all stands on the 
remainder of the refuge within 7 days of the closure of archery season 
(see Sec. 27.93 of this chapter). Hunters must permanently affix their 
name and address to their deer stands on the refuge.
    11. We prohibit hunting from a vehicle or use of a vehicle as a 
deer stand.
    12. We prohibit the use of dogs.
    13. We prohibit the possession or use of buckshot for hunting on 
all refuge lands.
    14. We prohibit hunting from mowed and/or graveled road right-of-
ways.
    15. Refuge lands are located in State-designated Flood Prone Region 
B, and we will close them to all deer hunting when the White River 
gauge at Augusta reaches 31 feet (9.3 m), as reported by the National 
Weather Service at https://www.srh.noaa.gov/data/LZK/RVSLZKand reopen 
them when the same gauge reading falls below 30 feet (9.1 m) and the 
White River Gauge at Georgetown falls to or below 19 feet (5.7 m).
    16. We allow only Quota Gun Deer Hunt permit holders on the Farm 
Unit during the Quota Gun Deer Hunt and only for the purposes of deer 
hunting. We close the refuge to all other entry and public use during 
the Quota Gun Deer Hunt.
    17. We close waterfowl sanctuaries to all entry and hunting from 
November 15 to February 28 except for Quot
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.