2011-2012 Refuge-Specific Hunting and Sport Fishing Regulations, 39186-39219 [2011-15970]

Agencies

• Fish and Wildlife Service
• DEPARTMENT OF THE INTERIOR

[Federal Register Volume 76, Number 128 (Tuesday, July 5, 2011)]
[Proposed Rules]
[Pages 39186-39219]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-15970]



[[Page 39185]]

Vol. 76

Tuesday,

No. 128

July 5, 2011

Part III





Department of the Interior





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Fish and Wildlife Service





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50 CFR Part 32





2011-2012 Refuge-Specific Hunting and Sport Fishing Regulations; 
Proposed Rule

Federal Register / Vol. 76 , No. 128 / Tuesday, July 5, 2011 / 
Proposed Rules

[[Page 39186]]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 32

[Docket No. FWS-R9-NSR-2011-0038; 93270-1265-0000-4A]
RIN 1018-AX54


2011-2012 Refuge-Specific Hunting and Sport Fishing Regulations

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule.

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SUMMARY: The Fish and Wildlife Service proposes to add one refuge to 
the list of areas open for hunting and/or sport fishing and increase 
the activities available at nine 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 2011-2012 season.

DATES: We will accept comments received or postmarked on or before 
August 4, 2011.

ADDRESSES: You may submit comments by one of the following methods:
     Electronically: Go to the Federal eRulemaking Portal: 
https://www.regulations.gov. In the Enter Keyword or ID box, enter 
Docket No. FWS-R9-NSR-2011-0038, which is the docket number for this 
rulemaking. Then, click on the Search button. On the resulting screen, 
find the correct document and submit a comment by clicking on ``Submit 
a Comment.''
     By hard copy: Submit by U.S. mail or hand delivery: Public 
Comments Processing, Attn: FWS-R9-NSR-2011-0038; Division of Policy and 
Directives Management; U.S. Fish and Wildlife Service; 4401 N. Fairfax 
Drive, MS 2042-PDM; 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

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

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, 28, and 32 to assist hunting and sport fishing visitors 
with understanding safety and other legal requirements on refuges. The 
redundancy is deliberate, with the intention of improving safety and 
compliance in our hunting and sport fishing programs.

                              Table 1--Changes for 2011-2012 Hunting/Fishing Season
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                                           Migratory bird      Upland game
   National wildlife refuge      State         hunting           hunting      Big game hunting       Fishing
----------------------------------------------------------------------------------------------------------------
Arapaho......................  CO.......  Already open....  Already open....  D (elk).........  Already open.
Bayou Sauvage................  LA.......  B...............  Closed..........  Closed..........  Already open.
Coldwater River..............  MS.......  B...............  B...............  B...............  Already open.
Crane Meadows................  MN.......  Closed..........  Closed..........  A (deer/turkey).  Closed.
Currituck....................  NC.......  Already open....  Closed..........  B...............  Closed.
Minnesota Valley.............  MN.......  C...............  C...............  C...............  Already open.
Northern Tallgrass Prairie...  MN/IA....  C/D.............  C/D.............  C...............  Closed.
Ouray........................  UT.......  Already open....  D (turkey)......  D (elk).........  Already open.
Sherburne....................  MN.......  C...............  Already open....  D (turkey)/C....  Already open.
Trinity River................  TX.......  Already open....  C...............  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.

    We are making an administrative change that correctly reflects that 
Trempealeau National Wildlife Refuge in the State of Wisconsin is 
closed to Upland Game Hunting. The refuge has never been open to that 
activity, and we are correcting the record with this change.
    We are also adding Tishomingo Wildlife Management Unit in the State 
of Oklahoma to the list of refuges open to hunting and or fishing in 50 
CFR part 32. We now correctly reflect how Tishomingo National Wildlife 
Refuge's (an overlay refuge where the land is owned by the U.S. Army 
Corps of Engineers) hunting opportunities differ from those of the 
Tishomingo Wildlife Management Unit. The Tishomingo National Wildlife 
Refuge, managed by refuge staff, is open only to big game hunting and 
sport fishing. The Tishomingo Wildlife Management Unit, managed by the 
Oklahoma Wildlife Conservation Department under a 1957 agreement 
entered into between the U.S. Army Corps of Engineers and the Secretary 
of the Interior, is open to all three hunting opportunities (migratory 
game bird, upland game, and big game) and sport fishing.
    The changes for the 2011-12 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 National Environmental 
Policy Act (NEPA; 42 U.S.C. 4321 et seq.) 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

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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. 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 as 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 and increases hunting activities on nine 
national wildlife refuges. 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 4,750 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.

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   Table 2--Estimated Change in Recreation Opportunities in 2011/2012
------------------------------------------------------------------------
                                            Additional      Additional
                 Refuge                        days        expenditures
------------------------------------------------------------------------
Arapaho.................................              40          $4,337
Bayou Sauvage...........................             672          72,865
Coldwater River.........................             400          43,372
Crane Meadows...........................              55           5,964
Currituck...............................             400          43,372
Minnesota Valley........................           2,818         305,555
Northern Tallgrass Prairie..............              75           8,132
Ouray...................................             100          10,843
Sherburne...............................              50           5,421
Trinity River...........................             140          15,180
                                         -------------------------------
    Total...............................           4,750         515,041
------------------------------------------------------------------------

    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 
$515,000 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'' yields a total 
economic impact of approximately $1.4 million (2010 dollars) (Southwick 
Associates, Inc., 2007). Using a local impact multiplier would yield 
more accurate and smaller results. However, we employed the national 
impact multiplier due to the difficulty in developing local multipliers 
for each specific region.
    Since we know that most of the fishing and hunting occurs within 
100 miles of a participant's residence, then it is unlikely that most 
of this spending would be ``new'' money coming into a local economy; 
therefore, this spending would be offset with a decrease in some other 
sector of the local economy. The net gain to the local economies would 
be no more than $1.4 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 $275,000 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 $515,000 to be spent in total in the refuges' local 
economies. The maximum increase ($1.4 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 2011/2012
                                                                [Thousands, 2010 dollars]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                         Estimated
                                                                     Retail trade in      maximum       Addition as %    Establishments  Establ. with  <
                         Refuge/county(ies)                           2007 (2010 $)    addition from       of total         in 2008       10 emp in 2008
                                                                                       new activities
--------------------------------------------------------------------------------------------------------------------------------------------------------
Arapaho:
    Jackson, CO....................................................          $23,099             $4.3            0.019               13               10
Bayou Sauvage:
    Orleans Parish, LA.............................................        3,241,340             72.9            0.002            1,201              983
Coldwater River:
    Tallahatchie, MS...............................................           67,735             21.7            0.032               40               34
    Quitman, MS....................................................           29,478             21.7            0.074               21               18
Crane Meadows:
    Morrison, MN...................................................          430,771              6.0            0.001              135               94
Currituck:
    Currituck, NC..................................................          314,767             43.4            0.014              142              118
Minnesota Valley:
    Hennepin, MN...................................................       26,568,279             76.4                0            4,295            2,670
    Carver, MN.....................................................          962,544             76.4            0.008              223              143
    Scott, MN......................................................        1,394,907             76.4            0.005              349              234
    Dakota, MN.....................................................        6,158,226             76.4            0.001            1,169              717
Northern Tallgrass Prairie:
    Jasper, IA.....................................................          326,707              1.2                0              120               79

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    Kossuth, IA....................................................          233,531              1.2                0               99               78
    Lincoln, MN....................................................           63,331              1.2            0.002               37               27
    Lyon, MN.......................................................          451,824              1.2                0              134               96
    Otter Tail, MN.................................................          840,187              1.2                0              277              204
    Rock, MN.......................................................          130,128              1.2            0.001               47               33
    Stevens, MN....................................................          202,798              1.2            0.001               53               34
Ouray:
    Unitah, UT.....................................................          550,293             10.8            0.002              137               85
Sherburne:
    Sherburne, MN..................................................        1,006,876              5.4            0.001              207              134
Trinity River:
    Liberty, TX....................................................          778,776             15.2            0.002              200              143
--------------------------------------------------------------------------------------------------------------------------------------------------------

    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, 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 nine 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

[[Page 39191]]

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 office 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.
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. Crane 
Meadows National Wildlife Refuge, 19502 Iris Road, Little Falls, MN 
56345; Telephone (320) 632-1575.
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.


Sec.  32.7  [Amended]

    2. Amend Sec.  32.7 by:
    a. Adding, in alphabetical order, ``Crane Meadows National Wildlife 
Refuge'' in the State of Minnesota;
    b. Revising the entry for ``Coldwater National Wildlife Refuge'' to 
read ``Coldwater River National Wildlife Refuge'' in the State of 
Mississippi;
    c. Adding, in alphabetical order, ``Tishomingo Wildlife Management 
Unit'' in the State of Oklahoma; and
    d. Removing the entry for ``Pettaquamscutt Cove National Wildlife 
Refuge'' and adding in alphabetical order an entry for ``John H. Chafee 
National Wildlife Refuge'' in the State of Rhode Island.
    3. Amend Sec.  32.20 by:
    a. Revising paragraph B.8. under Choctaw National Wildlife Refuge; 
and
    b. Revising Eufaula National Wildlife Refuge to read as follows:

[[Page 39192]]

Sec.  32.20  Alabama.

* * * * *

Choctaw National Wildlife Refuge

* * * * *
    B. * * *
    8. A hunter may only possess 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.
* * * * *

Eufaula National Wildlife Refuge

    A. Migratory Game Bird Hunting. We allow hunting of mourning dove 
and Eurasian-collared dove, duck, and goose on designated areas of the 
refuge in accordance with State regulations subject to the following 
conditions:
    1. You must possess and carry a signed refuge hunt permit (signed 
brochure) when hunting.
    2. You may possess only approved nontoxic shotshells when hunting 
(see Sec.  32.2(k)).
    3. All youth hunters (age 15 and under) must remain within sight 
and normal voice contact of a properly licensed hunting adult age 21 or 
older. Youth hunters must possess and carry verification of passing a 
State-approved hunter education course. One adult may supervise no more 
than two youth hunters.
    4. We allow duck and goose hunting in the Bradley and Kennedy units 
only by special permit (Waterfowl Lottery Application, FWS Form 3-2355) 
on/during selected days/times, during the State seasons. We close all 
other portions of the refuge to waterfowl hunting.
    5. 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 refuge brochure for details.
    6. We limit the number of shotshells a hunter may possess to 25.
    7. We prohibit damaging trees or other vegetation (see Sec. Sec.  
27.51 and 32.2(i) of this chapter).
    8. Hunters must remove all stands/blinds at the end of each day's 
hunt (see Sec.  27.93 of this chapter).
    9. We allow access to the refuge for hunting from \1/2\ hours 
before legal sunrise to 1\1/2\ hours after legal sunset.
    10. We prohibit hunting by aid of or distribution of any feed, 
salt, other mineral, or electronic device, including game cameras (see 
Sec.  32.2(h) and Sec.  27.93 of this chapter).
    11. We prohibit participation in organized drives.
    12. We prohibit the use of horses, mules, or other livestock.
    13. We require tree stand users to use a safety belt.
    14. We prohibit the use of motorized watercraft in all refuge 
waters not directly connected to Lake Eufaula.
    15. We prohibit the use of all air-thrust boats, including 
aircraft.
    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, A2, A3, and A6 through A15 apply.
    2. We allow squirrel and rabbit hunting on selected areas and days 
during the State seasons.
    3. We prohibit the use of dogs (see Sec.  26.21(b) of this 
chapter).
    4. We allow only shotguns.
    5. We prohibit the mooring or storing of boats from \1/2\ hours 
after legal sunset to 1\1/2\ hours before legal sunrise (see Sec.  
27.93 of this chapter).
    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, A6 through A15, and B5 apply.
    2. We allow youth (ages 10 through 15) gun deer hunting in the 
Bradley Unit only by special permit (information obtained from Big/
Upland Game Hunt Application, FWS Form 3-2356) during selected days/
times.
    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. All youth hunters must remain within sight and normal voice 
contact of a properly hunting-licensed adult age 21 or older. Youth 
hunters must possess and carry verification of passing a State-approved 
hunter education course. One adult may supervise no more than one youth 
hunter.
    5. We allow both archery deer and archery feral hog hunting on 
selected areas and days during the State archery deer season.
    6. We close those portions of the refuge between Bustahatchee and 
Rood Creeks to archery hunting until November 1.
    D. Sport Fishing. We allow fishing, including bowfishing, in 
designated areas of the refuge in accordance with State regulations 
subject to the following conditions:
    1. Conditions A6, A15, and B5 apply.
    2. We allow fishing on selected areas and days.
    3. We allow shoreline access for fishing from \1/2\ hour before 
legal sunrise to \1/2\ hour after legal sunset.
    4. We prohibit taking frog or turtle (see Sec.  27.21 of this 
chapter) on all refuge lands and waters.
    5. We adopt reciprocal license agreements between Alabama and 
Georgia for fishing in Lake Eufaula. Anglers fishing in waters not 
directly connected to Lake Eufaula must be properly licensed for the 
State in which they are fishing.
* * * * *
    4. Amend Sec.  32.22 by revising paragraph D.6.i. under Havasu 
National Wildlife Refuge to read as follows:


Sec.  32.22  Arizona.

* * * * *

Havasu National Wildlife Refuge

* * * * *
    D. * * *
    6. * * *
    i. We prohibit entry of all motorized watercraft in all three bays 
as indicated by signs or regulatory buoys.
* * * * *
    5. Amend Sec.  32.23 as follows:
    a. Under ``Bald Knob National Wildlife Refuge,'' revise paragraph 
A.22., add paragraph A.23., revise paragraph B.1., add paragraph B.12., 
and revise paragraphs C.1. and D.1.
    b. Under ``Big Lake National Wildlife Refuge,'' revise paragraph 
B.15., add paragraphs B.17. and B.18., and revise paragraphs C.1., D. 
introductory text, and D.1.;
    c. Under ``Cache River National Wildlife Refuge,'' add paragraphs 
A.22. and A.23., revise paragraph B.1., add paragraph B.12., and revise 
paragraphs C.1. and D.1.;
    d. Under ``Felsenthal National Wildlife Refuge,'' revise paragraphs 
B.4., C.5., C.6., and C.13.;
    e. Under ``Overflow National Wildlife Refuge, '' revise paragraph 
B.4.;
    f. Under ``Pond Creek National Wildlife Refuge,'' revise paragraph 
B.4.;
    g. Under ``Wapanocca National Wildlife Refuge,'' remove paragraph 
A.3., redesignate paragraphs A.4. through A.11. as paragraphs A.3. 
through A.10., revise newly redesignated paragraph A.10., add new 
paragraph A.11., revise paragraph B.1., add paragraph B.9, and revise 
paragraphs C.1. and D.1.; and
    h. Under ``White River National Wildlife Refuge,'' revise paragraph 
B.2., C.5., C.12., and C.19..
    The additions and revisions read as follows:

[[Page 39193]]

Sec.  32.23  Arkansas.

* * * * *

Bald Knob National Wildlife Refuge

    A. * * *
    22. We prohibit the possession or use of alcoholic beverages while 
hunting (see Sec.  32.2(j)) and open alcohol containers on refuge 
roads, ATV trails, boat ramps, and parking areas.
    23. We prohibit loaded hunting firearms or muzzleloaders in or on a 
vehicle, ATV, or boat while under power (see Sec.  27.42(b) of this 
chapter). We define ``loaded'' as shells in the firearm or ignition 
device on the muzzleloader.
    B. * * *
    1. Conditions A1, A5, A10 through A12, and A16 through A23 apply.
* * * * *
    12. We prohibit transportation, possession, or release of live hog 
on the refuge.
    C. * * *
    1. Conditions A1, A5, A10 through A12, A16 through A23, and B8 
through B12 apply.
* * * * *
    D. * * *
    1. Conditions A10, A18 through A23, B11, and C16 apply.
* * * * *

Big Lake National Wildlife Refuge

* * * * *
    B. * * *
    15. We prohibit the possession or use of alcoholic beverages while 
hunting (see Sec.  32.2(j)) or open alcohol containers on refuge roads, 
ATV trails, boat ramps, and parking areas.
* * * * *
    17. We prohibit loaded hunting firearms or muzzleloaders in or on a 
vehicle, ATV, or boat while under power (see Sec.  27.42(b) of this 
chapter). We define ``loaded'' as shells in the firearm or ignition 
device on the muzzleloader.
    18. We prohibit transportation, possession, or release of live hog 
on the refuge.
    C. * * *
    1. Conditions B1, B3 through B5, and B9 through B18 apply.
* * * * *
    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 B9 and B11 through B17 apply.
* * * * *

Cache River National Wildlife Refuge

    A. * * *
    22. We prohibit the possession or use of alcoholic beverages while 
hunting (see Sec.  32.2(j)) or open alcohol containers on refuge roads, 
ATV trails, boat ramps, and parking areas.
    23. We prohibit loaded hunting firearms or muzzleloaders in or on a 
vehicle, ATV, or boat while under power (see Sec.  27.42(b) of this 
chapter). We define ``loaded'' as shells in the firearm or ignition 
device on the muzzleloader.
    B. * * *
    1. Conditions A1, A5, A9 through A11, and A15 through A23 apply.
* * * * *
    12. We prohibit transportation, possession, or release of live hog 
on the refuge.
    C. * * *
    1. Conditions A1, A5, A9 through A11, A15 through A23, B6 through 
B9, B11, and B12 apply.
* * * * *
    D. * * *
    1. Conditions A9, A17, A19, A21 through A23, and B11 apply.
* * * * *

Felsenthal National Wildlife Refuge

* * * * *
    B. * * *
    4. We prohibit possession of lead ammunition except that you may 
possess 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, hunters 
may possess lead ammunition legal for taking deer and turkey. We 
prohibit buckshot for gun deer hunting.
* * * * *
    C. * * *
    5. We allow muzzleloader deer hunting during the October State 
Muzzleloader season for this deer management zone. The refuge will 
conduct one 4-day quota modern gun hunt for deer, typically in 
November. The refuge also may conduct one mobility-impaired hunt for 
deer typically in early November.
* * * * *
    6. The quota muzzleloader and modern gun deer hunt bag limit is two 
deer, one doe and one buck, or two does on each hunt, one antlered and 
one antlerless as defined by State law. See refuge brochure for 
specific bag limit information.
* * * * *
    13. The refuge will conduct no more than three quota permit spring 
turkey gun hunts and no more than two 3-day quota spring turkey hunts 
(typically in April). Specific hunt dates and application procedures 
will be available at the refuge office in January. We restrict hunt 
participants to those selected for a quota permit, except that one 
nonhunting adult age 21 or older possessing a valid hunting license 
must accompany the youth hunter age 15 and younger.
* * * * *

Overflow National Wildlife Refuge

* * * * *
    B. * * *
    4. When upland game hunting, we prohibit possession of lead 
ammunition except that you may possess 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 possession of lead ammunition legal for taking deer and turkey. 
We prohibit buckshot for gun deer hunting.
* * * * *

Pond Creek National Wildlife Refuge

* * * * *
    B. * * *
    4. We prohibit possession of lead ammunition when hunting except 
that you may possess 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 possession of lead ammunition legal for taking deer and 
turkey. We prohibit buckshot for gun deer hunting.
* * * * *

Wapanocca National Wildlife Refuge

    A. * * *
    10. We prohibit the possession or use of alcoholic beverages while 
hunting (see Sec.  32.2(j)) and open alcohol containers on refuge 
roads, ATV trails, boat ramps, and parking areas.
    11. We prohibit loaded hunting firearms or muzzleloaders in or on a 
vehicle, ATV, or boat while under power (see Sec.  27.42(b) of this 
chapter). We define ``loaded'' as shells in the firearm or ignition 
device on the muzzleloader.
    B. * * *
    1. Conditions A1 through A11 apply.
* * * * *
    9. We prohibit transportation, possession, or release of live hog 
on the refuge.
    C. * * *
    1. Conditions A1 through A11, B4, and B6 through B9 apply.
* * * * *
    D. * * *
    1. Conditions A3, A5, A9 through A11, B6, and B7 apply. We allow 
fishing

[[Page 39194]]

from March 1 through October 31 from \1/2\ hour before legal sunrise to 
\1/2\ hour after legal sunrise.
* * * * *

White River National Wildlife Refuge

* * * * *
    B. * * *
    2. We allow hunting of rabbit and squirrel on the North Unit from 
September 1 until February 28.
    C. * * *
    5. The gun deer hunt will begin in November and will continue for a 
period of 3 days of quota hunting in the North and South Units, 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.
* * * * *
    12. We prohibit the placement or hunting with the aid of bait, 
salt, or ingestible attractant (see Sec.  32.2(h)).
* * * * *
    19. We prohibit firearms deer hunting on the Kansas Lake Area after 
October 30 and all other types of hunting after November 30.
* * * * *
    6. Amend Sec.  32.25 by revising ``Arapaho National Wildlife 
Refuge'' to read as follows:


Sec.  32.25  Colorado.

* * * * *

Arapaho 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. All migratory bird hunting closes annually on December 31.
    2. We prohibit use of, or hunting over, bait (see Sec.  32.2(h)).
    3. We allow use of only portable stands and blinds that the hunter 
must remove following each day's hunt (see Sec.  27.93 of this 
chapter).
    4. Hunters must retrieve spent shotgun shells.
    5. We prohibit hunting 200 feet (60 m) from any public use road, 
designated parking area, or designated public use facility located 
within the hunt area.
    B. Upland Game Hunting. We allow hunting of upland game on 
designated areas of the refuge in accordance with State regulations 
subject to the following conditions:
    1. All upland game hunting closes annually on December 31.
    2. You may possess only approved nontoxic shot while hunting (see 
Sec.  32.2(k)).
    3. Conditions A2, A4, and A5 apply.
    C. Big Game Hunting. We allow hunting of antelope and elk on 
designated areas of the refuge in accordance with State regulations 
subject to the following conditions:
    1. Conditions A2, A3, and A5 apply.
    2. Hunters must use only firearms and ammunition allowed by State 
law for legal hunting of elk or antelope.
    3. Hunters must follow State law for use of hunter orange.
    4. Elk hunters:
    i. Must possess a refuge-specific license (State license) to hunt 
elk.
    ii. Must attend a scheduled prehunt information meeting prior to 
hunting.
    iii. Youth hunters must be age 12 by the hunt date but not yet age 
18 at the time of the hunt application.
    iv. Disabled hunters must meet Colorado State Department of 
Wildlife (CDOW) criteria for, and be on the State's list of, hunters 
with disabilities.
    v. We will make selections via the CDOW hunt selection process. 
Hunters holding valid tags (controlled by the State) for the unit the 
refuge is located within may write requesting a special tag to hunt 
within the refuge.
    D. Sport Fishing. We allow fishing on designated areas of the 
refuge on the Illinois River in accordance with State regulations 
subject to the following conditions:
    1. We prohibit fishing between June 1 and July 31 each year.
    2. We allow fishing only from legal sunrise to legal sunset.
    3. We prohibit ice fishing on the refuge (there is no specific 
date, but when the river freezes over, fishing closes).
* * * * *
    7. Amend Sec.  32.28 by:
    a. Revising paragraphs A.1. and A.4. through A.17., adding 
paragraph A.18., and revising paragraph D.8. under Arthur R. Marshall 
Loxahatchee National Wildlife Refuge;
    b. Revising paragraph A. and D.1., and adding paragraph D.17. of 
Merritt Island National Wildlife Refuge;
    c. Adding paragraph A.4. and revising paragraphs B.4. and D.10. 
under St. Marks National Wildlife Refuge;
    d. Revising paragraphs 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 newly redesignated paragraphs C.9. and C.15. under 
St. Vincent National Wildlife Refuge; and
    e. Revising paragraphs A.2., A.3., A.5., A.6., A.9., A.10., A.11., 
A.13., adding paragraph A.14., revising paragraphs D.1., D.3., D.4., 
and adding paragraphs D.6. and D.7. under Ten Thousand Islands National 
Wildlife Refuge.
    The additions and revisions read as follows:


Sec.  32.28  Florida.

* * * * *

Arthur R. Marshall Loxahatchee National Wildlife Refuge

    A. Migratory Game Bird Hunting. * * *
    1. You must possess and carry a signed refuge waterfowl hunt permit 
(signed brochure) while hunting. These brochures are available at the 
refuge visitor center and on the refuge's Web site (https://www.fws.gov/loxahatchee/).
* * * * *
    4. We prohibit the taking of any other wildlife (see Sec.  27.21 of 
this chapter).
    5. We do not open to hunting on Mondays, Tuesdays, and Christmas 
Day.
    6. We allow hunting on the refuge from \1/2\ hour before legal 
sunrise to 1 p.m. Hunters may enter the refuge no earlier than 4 a.m. 
and must be off the refuge by 3 p.m.
    7. Hunters may only enter and leave the refuge at the Headquarters 
Area (Boynton Beach) and the Hillsboro Area (Boca Raton).
    8. The possession and use of firearms shall be in accordance with 
all applicable Federal and State laws and regulations (see Sec. Sec.  
27.41 and 27.42 of this chapter).
    9. We allow only temporary blinds of native vegetation. We prohibit 
the taking, removing, or destroying of refuge vegetation (see Sec.  
27.51 of this chapter).
    10. Hunters must remove decoys and other personal property (see 
Sec.  27.93 of this chapter) from the hunting area each day.
    11. We encourage the use of dogs to retrieve dead or wounded 
waterfowl. Dogs must remain under the immediate control of the owner at 
all times (see Sec.  26.21(b) of this chapter). We prohibit pets at all 
other times.
    12. Hunters must complete a Migratory Bird Hunt Report (FWS Form 3-
2361) and place it in an entrance fee canister each day prior to 
exiting the refuge.
    13. 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 
valid hunting license. Youth hunters must have completed a hunter 
education course.
    14. We allow only boats equipped with factory-manufactured-water-
cooled outboard motors, electric motors, and nonmotorized boats. We 
prohibit boats with air-cooled engines, airboats, fan boats, 
hovercraft, and personal watercraft (Jet Skis, Jet Boats, Wave Runners, 
etc.).

[[Page 39195]]

    15. There is a 35 mph speed limit in all waters of the refuge. A 
500-foot (150-meter) Idle Speed Zone is at each of the refuge's three 
boat ramps.
    16. We require all boats operating outside of the main perimeter 
canals (the L-40 Canal, L-39 Canal, L-7 Canal, and L-101 Canal) in 
interior areas of the refuge and within the hunt area, to fly a 12-inch 
by 12-inch (30-cm x 30-cm) orange flag 10 feet (3 m) above the vessel's 
waterline.
    17. We prohibit motorized vehicles of any type on the levees and 
undesignated routes (see Sec.  27.31 of this chapter).
    18. For emergencies or to report violations, contact law 
enforcement personnel at 1-800-307-5789. Law enforcement officers may 
be monitoring VHF Channel 16.
* * * * *
    D. Sport Fishing. * * *
* * * * *
    8. Conditions A4, A8, A14 through A17, and A19 apply.
* * * * *

Merritt Island 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. Persons possessing, transporting, or carrying firearms on 
national wildlife refuges must comply with all provisions of Federal, 
State, and local law. Persons may only use (discharge) firearms in 
accordance with refuge regulations (see Sec.  27.42 of this chapter and 
part 32).
    2. Hunters must possess and carry a current, signed Merritt Island 
National Wildlife Refuge hunt permit (signed brochure) at all times 
while hunting waterfowl on the refuge.
    3. Hunters must possess and carry (or hunt within 30 yards [27 m] 
of a hunter who possesses) a valid refuge waterfowl hunting quota 
permit while hunting in areas 1 or 4 from the beginning of the regular 
waterfowl season through December 31. No more than four hunters will 
hunt using a single valid refuge waterfowl hunting quota permit.
    4. We allow hunting on Wednesdays, Saturdays, Sundays, and all 
Federal holidays, including Thanksgiving, Christmas, and New Year's 
Day, that fall within the State's waterfowl season.
    5. We allow hunting in four designated areas of the refuge as 
delineated in the refuge hunting regulations map. We prohibit hunters 
to enter the normal or expanded restricted areas of the Kennedy Space 
Center.
    6. We allow hunting of only waterfowl on refuge-established hunt 
days from the legal shooting time (\1/2\ hour before legal sunrise) 
until 1 p.m.
    7. We allow entrance to the refuge no earlier than 4 a.m. for the 
purpose of waterfowl hunting.
    8. We require all hunters to successfully complete a State-approved 
hunter education course.
    9. We require an adult, age 21 or older, to supervise hunters age 
15 and younger.
    10. We prohibit accessing a hunt area from Black Point Wildlife 
Drive. We prohibit leaving vehicles parked on Black Point Wildlife 
Drive, Playalinda Beach Road, or Scrub Ridge Trail (see Sec.  27.31 of 
this chapter).
    11. We prohibit construction of permanent blinds (see Sec.  27.92 
of this chapter) or digging into dikes.
    12. We prohibit hunting or shooting within 15 feet (4.5 m) or 
shooting from any portion of a dike, dirt road, or railroad grade.
    13. We prohibit hunting or shooting within 150 yards (135 m) of SR 
402, SR 406, any paved road right-of-way, or any road open to vehicle 
traffic. We prohibit shooting over any dike or roadway.
    14. All hunters must stop at posted refuge waterfowl check stations 
and report statistical hunt information on the Migratory Bird Hunt 
Report (FWS Form 3-2361) to refuge personnel.
    15. Hunters may not posses