2011-2012 Refuge-Specific Hunting and Sport Fishing Regulations, 56054-56090 [2011-22752]
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Federal Register / Vol. 76, No. 175 / Friday, September 9, 2011 / Rules and Regulations
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
Fish and Wildlife Service,
Interior.
ACTION: Final rule.
AGENCY:
The Fish and Wildlife Service
adds one refuge to the list of areas open
for hunting and/or sport fishing and
increases the activities available at nine
other refuges, along with adopting
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: This rule is effective September
9, 2011.
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 also consider the role
of facilitating hunting heritage in
expanding hunting opportunities on
national wildlife refuges consistent with
the agency’s mission.
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
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SUMMARY:
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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 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
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Improvement Act serves to ensure that
we effectively manage the Refuge
System as a national network of lands,
waters, and interests for the protection
and conservation of our Nation’s
wildlife resources. The Administration
Act states first and foremost that we
focus our Refuge System mission on
conservation of fish, wildlife, and plant
resources and their habitats. The
Improvement Act requires the Secretary,
before allowing a new use of a refuge,
or before expanding, renewing, or
extending an existing use of a refuge, to
determine that the use is compatible
with the purpose for which the refuge
was established and the mission of the
Refuge System. The Improvement Act
established as the policy of the United
States that wildlife-dependent
recreation, when compatible, is a
legitimate and appropriate public use of
the Refuge System, through which the
American public can develop an
appreciation for fish and wildlife. The
Improvement Act established six
wildlife-dependent recreational uses as
the priority general public uses of the
Refuge System. These uses are: hunting,
fishing, wildlife observation and
photography, and environmental
education and interpretation.
The Recreation Act authorizes the
Secretary to administer areas within the
Refuge System for public recreation as
an appropriate incidental or secondary
use only to the extent that doing so is
practicable and not inconsistent with
the primary purpose(s) for which
Congress and the Service established the
areas. The Recreation Act requires that
any recreational use of refuge lands be
compatible with the primary purpose(s)
for which we established the refuge and
not inconsistent with other previously
authorized operations.
The Administration Act and
Recreation Act also authorize the
Secretary to issue regulations to carry
out the purposes of the Acts and
regulate uses.
We develop specific management
plans for each refuge prior to opening it
to hunting or sport fishing. In many
cases, we develop refuge-specific
regulations to ensure the compatibility
of the programs with the purpose(s) for
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
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fishing in 50 CFR part 32. We ensure
continued compliance by the
development of comprehensive
conservation plans, specific plans, and
by annual review of hunting and sport
fishing programs and regulations.
Response to Comments Received
In the July 5, 2011, Federal Register
(76 FR 39186), we published a proposed
rulemaking identifying changes
pertaining to migratory game bird
hunting, upland game bird hunting, big
game hunting, and sport fishing to
existing refuge-specific language on
certain refuges for the 2011–2012
season. We received 251 comments on
this proposed rule during a 30-day
comment period; 226 of those comments
were supportive of the rulemaking; 18
were opposed to the rulemaking; and
the remainder expressed neither support
nor opposition but had comments.
Comment 1: A commenter asked
when we would notify the public of the
opening of the various areas, when the
applications would become available,
and what fees we would require.
Response 1: With the publication of
this final rule document, the changes
become effective. We will be issuing
press releases both locally in the
affected areas and nationally from the
Headquarters of the National Wildlife
Refuge System and the U.S. Fish and
Wildlife Service. Interested hunters
should contact the particular refuge that
they wish to visit for application and fee
information. We maintain a list of all of
the national wildlife refuges on our
National Wildlife Refuge System
homepage (link: https://www.fws.gov/
refuges/). Look for the ‘‘Find Your
Refuge’’ section on the first page and
you can query the system by State, zip
code, alphabetically by refuge or other
means via the pull-down menu. Once
you link to the refuge of interest, you
will find their address, phone number,
and a link to their individual Web sites.
Comment 2: We received six
comments (from 4 different individuals)
expressing concern regarding the
Minnesota Valley National Wildlife
Refuge’s proposed prohibition on
falconry. They state we offered no
explanation for this prohibition, and
they contend that falconry is a legal
means of hunting/take in the State of
Minnesota as it is in 49 of the 50 States.
They object strongly to what appears to
be prejudicial and a ‘‘denied equitable
public opportunity’’ on the refuge and
request that we remove such a bias from
the regulations by allowing falconry.
One commenter goes on to say that
‘‘clear regulatory or policy guidance to
permit falconry on all refuge properties
would assist refuge managers and
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personnel development refuge
management plans.’’ This requestor
also, ‘‘respectfully requests on all refuge
properties where take is allowed by
archery methods only, that falconry also
be permitted.’’
Response 2: Upon further
examination of this condition, the
refuge has decided to reverse their
decision regarding falconry hunting as a
means of take for migratory birds on
Minnesota Valley National Wildlife
Refuge and allow this opportunity. Due
to the small number of hunters that
practice falconry, the method used with
this hunting technique, and the average
success rate of this hunting method, we
believe that this change will be
insignificant in its direct, indirect, and
cumulative impact. The factors
considered in our analysis include the
impact of this activity on overall
migratory bird harvest, habitat
conditions, interactions with other user
groups, falconry hunter numbers, and
economic gain or loss associated with
this type of hunting.
As far as policy specific to falconry,
Service policy 605 FW 2.7M Special
Hunts stipulates, ‘‘We will address
special types of hunts, such as falconry,
in the hunt section of the visitor service
plan (VSP).’’ In other words, each refuge
manager when developing their stepdown visitor service’s plan (which
would include a hunt plan, if
appropriate) from their Comprehensive
Conservation Plan, must first determine
if hunting is compatible. Assuming it is
found to be compatible, the refuge
manager would next determine the
conduct of the hunt which might
include the use of falconry. A refuge
manager has discretion to prohibit
hunting, and specifically falconry, in
certain cases such as if endangered or
threatened species are present; thus it is
decided individually on a refuge-byrefuge basis.
Comment 3: A commenter supports
the proposed rule to open Crane
Meadows National Wildlife Refuge to
deer and turkey hunting and to expand
hunting at nine other refuges across the
country and agrees that the rule meets
the intent of the National Wildlife
Refuge System Improvement Act to
provide opportunities for wildlifedependent activities, including hunting,
when these activities are compatible
with refuge purposes and with the
mission and purposes of the National
Wildlife Refuge System. The commenter
wonders why in the SUPPLEMENTARY
INFORMATION section of the proposed
rule that Executive Order 13443 is not
included along with other mentioned
Executive Orders (E.O.) and urges us to
add this E.O. to the list of others with
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which we must comply and make this
E.O. a standard part of any future
proposed rule that opens or expands
wildlife-dependent activities on
national wildlife refuges.
Response 3: The very nature of this
rule to open and expand hunting on
national wildlife refuges is consistent
with the purpose of Executive Order
13443 (Facilitation of Hunting Heritage
and Wildlife Conservation). However,
we are not including reference to the
E.O. in the Required Determinations
section of the rule because all of the
E.O.s and Acts that are contained in that
section of the rule require that a
substantive determination be made as
part of the regulatory process, whereas
E.O. 13443 states that agencies should
consider certain things in developing
their policies but does not require that
a specific determination be made in
analyzing the substance of the E.O. as it
might be impacted by the proposed
regulation (emphasis added). We do
consider the broad precepts of E.O.
13443 in developing the hunting
regulations, but there is no affirmative
obligation to assert that an agency has
complied with that specific E.O.
As the commenter correctly observes,
this proposed rule does meet the intent
of the National Wildlife Refuge System
Improvement Act to provide
opportunities for wildlife-dependent
activities, including hunting, when
these activities are compatible with
refuge purposes and with the mission
and purposes of the National Wildlife
Refuge System. They also correctly note
that in the SUPPLEMENTARY INFORMATION
section of the proposed rule we
reference the Improvement Act and the
fact that it established six wildlifedependent recreation uses, including
hunting, as priority general public uses.
We have added a sentence to the
SUPPLEMENTARY INFORMATION section of
this final rulemaking to indicate that we
consider the role of facilitating hunting
heritage in expanding hunting
opportunities on national wildlife
refuges consistent with the agency’s
mission.
Comment 4: Seventeen commenters
expressed objection to the concept of
allowing any more hunting on national
wildlife refuges. Their statements
ranged from ‘‘ * * * too many people,
too few animals’’ to ‘‘I think the fact that
it is a National Wildlife ‘Refuge’ should
mean just that.’’
Response 4: The 1966 National
Wildlife Refuge System Administration
Act, which was amended by the 1997
National Wildlife Refuge System
Improvement Act, stipulates that
hunting (along with fishing, wildlife
observation and photography, and
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environmental education and
interpretation), if found to be
compatible, is a legitimate and priority
general public use of a refuge and
should be facilitated. The
Administration Act authorizes the
Secretary to allow use of any refuge area
for any purpose as long as those uses are
compatible. In the case of each refuge
opening/expansion in this rule, the
refuge managers went through the
compatibility process (which allows for
public comment), in addition to
complying with the National
Environmental Policy Act (42 U.S.C.
4321 et seq.) (NEPA) (which also allows
for public comment) to make the
determination before opening the refuge
to hunting or expanding the hunting
opportunities on the refuge. We made
no change to the regulations as a result
of these comments.
Comment 5: A commenter expressed
opposition to opening Arapaho National
Wildlife Refuge in Colorado to elk
hunting.
Response 5: Elk are found throughout
the refuge and are the most numerous
big game species on the refuge. The
wintering elk population has continued
to grow, from 200 to 300 elk in 1988 to
approximately 1,500 to 1,800 elk on the
refuge in recent years.
The primary objective of the elk hunt
is to increase the dispersal of elk onto
adjacent lands where they will be
available to more hunters, and to
harvest a small percentage of the
population on the refuge thereby
lessening the impacts to all native
species, including migratory birds. The
elk hunt will also provide a new, quality
hunting opportunity for hunters with a
focus on youth hunters and hunters
with disabilities. Refuge managers
determined that it is advisable to take
management action before the elk
population reaches the point where it
does long-term damage to the
environment and adversely affects other
native flora and fauna species.
Without a reduction in elk numbers,
sections of the Illinois River on the
refuge will continue to be impacted by
wintering elk. Elk can have a severe
impact on establishment and long-term
health of willow stands, making
achievement of refuge habitat objectives
unlikely. If the refuge elk population
continues to grow, it will eventually
exceed the carrying capacity of the
available habitat. We will continue to
monitor the population, coordinate with
the Colorado Department of Wildlife,
limit hunter participation, and establish
bag limits to ensure the population will
not be adversely affected by managed
hunting.
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We made no change to the regulations
as a result of this comment.
Comment 6: A commenter from the
State of Texas, although supportive of
the rulemaking, felt it was important to
require ‘‘* * * those utilizing these
great resources to take appropriate
hunter and bowhunter education
courses. This will make sure that all
hunters have been exposed to safety and
ethical issues that will insure a safer
hunting environment.’’
Response 6: We concur with the
commenter. As discussed in the
introductory paragraph of each hunting
and/or sport fishing category for nearly
every refuge under each State in 50 CFR
part 32, we stipulate that we allow
hunting and/or sport fishing activities in
accordance with State regulations
subject, in many cases, to conditions
that follow in the refuge-specific
regulations. Regulations allowing
hunting of wildlife within the Refuge
System must be, to the extent
practicable, consistent with State fish
and wildlife laws, regulations, and
management plans; therefore, we do not
reiterate those regulations in our
regulations (see Fish and Wildlife
Service policy 605 FW 2.3B).
In the case of Texas, State regulations
require that big game hunters have a
bowhunting/hunter education certificate
in their possession when hunting.
Although we do not specifically restate
this in our Texas refuge-specific
regulations, our refuges do comply with
this State law, which would include
requiring this certificate for big game
hunters. Further, at each refuge, there
are brochures available to the hunter
that go into detail about this State and
refuge requirement. We made no
changes to the rule as a result of this
comment.
Comment 7: A commenter indicated
they would like to see deer and hog
hunting allowed by archery means only
on Bayou Sauvage National Wildlife
Refuge (NWR) in the State of Louisiana.
Response 7: This urban refuge (within
the city limits) is closed to big game
hunting (the category of hunting under
which one would find large species
such as deer and hog); therefore this
comment is not germane to this
rulemaking. We made no change to the
regulation as a result of this comment.
Comment 8: A commenter asked why
we do not allow feral pig hunting at
Merritt Island NWR in Florida as ‘‘they
have a terrible feral pig problem’’ there.
Also the same commenter questioned
the need for a waterfowl hunt as
wintering waterfowl numbers have
dropped from 120,000 to under 18,000
in the past 10 years.
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Response 8: Merritt Island National
Wildlife Refuge is an overlay of the
Kennedy Space Center (KSC) and the
Service manages NASA’s lands through
an agreement. Prior to NASA’s purchase
of the lands for KSC, much of the area
was owned by several large hunt clubs
and when the property was sold, the
prominent hunt club members desired
retaining hunting privileges. When
NASA entered into the agreement with
the Service to establish the refuge, it
specified waterfowl hunting would
continue. Since 1963, the year we
established the refuge, we have allowed
waterfowl hunting in selected locations
outside the restricted area of KSC.
The refuge hunt program has evolved
over the years in response to changing
waterfowl populations, waterfowl use
patterns, habitat conditions, and
changes in the public use program. The
length of the season, days of the week
open to hunting, number and size of
hunt areas, and ways and means for
issuing permits have changed frequently
over the past 48 years. Presently 36,000
acres of the 140,000-acre Merritt Island
NWR are open to waterfowl hunting and
are subdivided into four hunt areas
(Hunt Areas 1 through 4). The refuge
has a concurrent season with the State
of Florida, except the refuge is open to
hunting 3 days per week (Wednesday,
Saturday, and Sunday) from legal
shooting time until 1 p.m. We require a
refuge hunt permit (signed brochure), a
State-approved hunter safety training
certificate, and a quota permit (State
permit) for Hunt Areas 1 and 4 for the
months of November and December.
Waterfowl populations have declined
on the refuge for at least 10 years. The
refuge staff is concerned about the
decline, but it is unclear if the cause is
fewer birds migrating to Florida, a shift
in the Florida wintering population to
other parts of the State (the decline
seems to coincide with new habitat
being created for Everglades
restoration), or excessive hunting
pressure on the refuge. In March of this
year, following the 2010–2011
Waterfowl Season, refuge personnel met
with the Florida Fish and Wildlife
Commission and waterfowl hunter
stakeholders (representatives from
Ducks Unlimited and United
Waterfowlers), to discuss solutions to
improve waterfowl hunting and address
the decline in the refuge waterfowl
populations. As a result of this meeting,
the consensus was to attempt to
improve the quality of the habitat
conditions on the refuge but not make
any immediate changes to the hunt
program. The refuge will continue to
monitor the waterfowl population but,
at least for now, does not propose any
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additional changes to the waterfowl
regulations.
With respect to the issue of opening
the refuge to feral hog hunting, the
refuge has never been open to big game
hunting. However in 2006, when they
completed the Comprehensive
Conservation Plan for the refuge, they
made provisions to evaluate opening the
northern quarter of the refuge to feral
hog and deer hunting. The refuge
currently uses hog trappers under
permit to remove feral hogs, and those
trappers remove between 2,500 to 3,000
animals annually through this program
at no cost to the refuge. The feral hog
removal program is fairly effective, and
at this time we do not wish to introduce
a public hunt into the mix. A public
hunt may provide a short-term
advantage of reducing the population
quickly in the area of the hunt, but, in
the long run, the constant pressure
afforded by the hog trappers in all areas
of the refuge may provide a more
effective long-term control. However,
the refuge plans to evaluate
implementing a feral hog hunt when the
feral hog permits expire. No changes
were made to this final rule as a result
of this comment.
Comment 9: A commenter asked how
we would pay for supervision of
hunting activity in these proposed areas
given the budgetary constraints that
currently exist and that are likely to
become more stringent. Also, do we
believe we can properly supervise the
hunts under the circumstances?
Response 9: When developing the
Comprehensive Conservation Plans and
step-down hunting plans for each
refuge, the refuge manager takes into
account budgetary needs for increased
hunting opportunities. Basically, the
refuge would not be proposing the
activity (or increased activity) if it did
not anticipate that there was enough
funding to ensure compatibility and to
administer and to manage the hunts.
Typically, you can find this
discussion under the ‘‘Staffing and
Funds’’ section of each refuge’s hunt
plans, which were made publicly
available when first issued, and remain
available at each station’s Web site. In
some cases, an existing hunt program is
in place and the refuge does not
anticipate a drastic change in staffing or
funding requirements. As refuge law
enforcement can be a collateral duty for
refuge staff, they may occasionally
‘‘borrow’’ law enforcement as needed
from other refuges. For other refuges,
non-law enforcement staff time does not
increase greatly since generally all
hunting seasons and permitting will be
handled according to State regulations.
Some refuges also see some budgetary
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relief in user fees which they believe are
sufficient to cover increased
opportunities. Some refuges state that
there would be some costs associated
with a hunting program in the form of
brochures, instructional sign needs, and
law enforcement. These refuges expect
that the costs should be minimal
relative to total refuge operations and
maintenance costs and would not
diminish resources dedicated to other
refuge management programs.
However, the refuges do acknowledge
there will be some additional staff
workload in order to administer new
hunting opportunities and this factors
into the decision to allow those
opportunities. Finally, as discussed
earlier in this SUPPLEMENTARY
INFORMATION section, with the passage of
the National Wildlife Refuge
Improvement Act of 1997, Congress
mandated that hunting was one of the
six priority general public uses that
refuge managers were to facilitate when
compatible, so to the extent possible
and practicable, we adhere to that
directive.
We made no change to the regulations
as a result of this comment.
Comment 10: A commenter, although
supportive of the additional hunting
opportunity in Iowa, wondered why we
impose additional requirements such as
‘‘steel shot only’’ on all our public
hunting areas. The commenter points
out that steel is costly and does not
believe that it has been proven that the
steel shot requirement has had a
positive effect on migratory birds.
Response 10: Waterfowl and
migratory birds can get lead poisoning
by ingesting lead shot when they feed
(see https://www.fws.gov/sacramento/ec/
lead%20shot.htm). In the November 21,
1986, Federal Register (51 FR 42103) we
began the conversion to nontoxic shot
nationwide for waterfowl hunting on
refuges, which we implemented in the
1991–1992 hunting season. At that time,
refuges were implementing the nontoxic
shot requirement on a refuge-by-refuge
basis, and multiple rules were
published (an example would be the
June 19, 1991, Federal Register (56 FR
28133)). The Service oversees the
approval process for alternative shot
types in the United States. We
specifically identify the shot allowed in
areas of the Refuge System by reference
to the shot identified in 50 CFR 20.21(j).
We sometimes grant new shot types
conditional approvals until we complete
all necessary studies. These conditional
approvals may change yearly, and we
add new shot types to our approved list
as they meet our criteria. You can link
to the following Web sites concerning
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lead shot that contain more background
information on this issue:
https://www.lab.fws.gov/shotpellets_
leadshot.php; https://www.fws.gov/
sacramento/ec/lead%20shot.htm;
https://www.fws.gov/contaminants/
DisplayNews.cfm?NewsID=
4DAA500C-3E21-456487AA714E9E301C9E.
You can find many other Web sites
concerning lead shot by conducting an
Internet search.
We made no change to the regulations
as a result of this comment.
Comment 11: We received a comment
regarding the proposed youth hunt at
Bayou Sauvage National Wildlife Refuge
in Louisiana. The commenter notes that
the proposed hunt would allow hunting
within 500 feet of Venetian Isle, a dense
population of waterfront homes within
the New Orleans city limits, and
believes that not only should we
prohibit hunting within the city limits
but that the hunting boundaries should
be at least 1 mile from homes. Further,
the commenter doesn’t want to be
awakened by gunfire on weekend
mornings.
Response 11: The National Wildlife
Refuge System Improvement Act of
1997 identifies hunting as a priority
public use, and providing opportunities
for fish and wildlife public uses in an
urban setting is an established purpose
of the refuge. Given this supporting
legislation and the significant public
support for hunting on Bayou Sauvage
NWR, it is important that these
opportunities are available to the public.
Our goal is to ensure that hunting is
balanced with the other priority public
uses of environmental education,
wildlife observation, interpretation,
fishing, and photography. Thus, we
have designated the interior units (57
percent of the refuge) as closed to
hunting to allow ample opportunities
for the other five priority uses.
Additionally, we allow hunting only 4
days per week until 12 (noon), and these
units will be open to fishing and other
activities during nonhunting times.
The youth hunt we are proposing is
for migratory bird hunting, unlike
comment 7 whichi dealt with big game
hunting. The ammunition used for these
two types of hunting is different. Bird
shot has a different trajectory and much
less mass than a rifled slug or bullet and
would not travel as far as those
ammunitions used in big game hunting.
Under these circumstances, we feel the
prohibition of hunting within 500 feet
(150 m) of residences adequately
provides for public safety. On two other
Louisiana refuges, Big Branch Marsh
and Bogue Chitto, we allow hunting
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Federal Register / Vol. 76, No. 175 / Friday, September 9, 2011 / Rules and Regulations
within 150 feet (45 m) of roads, trails,
residences, and public facilities. In
order to reduce potential noise
associated with hunting activities near
Venetian Isles, the areas located outside
the hurricane protection levee,
immediately west and south of Venetian
Isles, between the former Bayou
Sauvage channel and the railroad tracks
will be posted closed to hunting. We
made no changes to this regulation as a
result of the comment.
Comment 12: A commenter
questioned the ‘‘rigorous scientific
research into the status of refuge
wildlife populations’’ and whether we
were using this information to guide
refuge planning. The commenter went
on to say that a determination must be
made that ‘‘wildlife are surplus to a
balanced conservation program on any
wildlife area,’’ and that ‘‘unless the
species is damaging or destroying
federal property within a refuge, the
species cannot be subject to live
removal or lethal control, including
through official animal control
operations.’’ They believe that ‘‘refuges
often fail to have refuge specific
monitoring of harvest levels,’’ and
discussed the concept of an ‘‘inviolate
sanctuary.’’ Finally, the commenter
believes that since ‘‘21 million people
visit refuges for wildlife observation’’
and ‘‘only 1.4 million visit to hunt or
trap’’ that nonconsumptive users should
enjoy a higher priority when it comes to
use of refuge lands.
Response 12: As discussed in the
response to Comment 4, and as
Comment 12 acknowledges, ‘‘the Refuge
Improvement Act upgrades hunting and
fishing to a priority use * * *’’. Each
refuge manager gives the decision to
allow hunting on a particular refuge
rigorous examination. A Comprehensive
Conservation Plan (CCP), a 15-year plan
for the refuge, is generally the first step
a refuge manager takes. Our policy for
managing units of the Refuge System is
that we will manage all refuges in
accordance with an approved CCP
which, when implemented, will achieve
refuge purposes; help fulfill the Refuge
System mission; maintain and, where
appropriate, restore the ecological
integrity of each refuge and the Refuge
System; help achieve the goals of the
National Wilderness Preservation
System; and meet other mandates. The
CCP will guide management decisions
and set forth goals, objectives, and
strategies to accomplish these ends. The
next step for refuge managers is stepdown plans, of which hunting would be
one step-down plan. Part of the process
for opening a refuge to hunting after
completing the step-down plan would
be appropriate compliance with the
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National Environmental Policy Act
(NEPA), typically an environmental
assessment accompanied by the
appropriate decision documentation
(Record of Decision, Finding of No
Significant Impact, or an Environmental
Action Memorandum or Statement). The
CCP, hunt plan, and NEPA all receive
public comment as does the proposed
rule, before the final rule is published
in the Federal Register. After
publication of the final rule, we allow
hunting on a refuge.
In sum, this illustrates that the
decision to allow hunting on a national
wildlife refuge is not a quick or simple
process. It is full of deliberation and
discussion, including review of all
available data to determine the relative
health of a population before we allow
it to be hunted. In the case of migratory
game bird hunting, the Service annually
prescribes frameworks for dates and
times when migratory bird hunting may
occur in the United States, and the
number of birds that hunters may take
and possess. We write these regulations
after giving due regard to the zones of
temperature and to the distribution,
abundance, economic value, breeding
habits, and times and lines of migratory
flight of such birds, and we update the
information annually. Under the
Migratory Bird Treaty Act (16 U.S.C.
703–712), Congress authorized the
Secretary of the Interior to determine
when ‘‘hunting, taking, capture, killing,
possession, sale, purchase, shipment,
transportation, carriage, or export of any
* * * bird, or any part, nest, or egg’’ of
migratory game birds can take place,
and to adopt regulations for this
purpose. The Secretary of the Interior
delegated this responsibility to the
Service as the lead Federal agency for
managing and conserving migratory
birds in the United States.
Because the Service is required to take
abundance of migratory birds and other
factors into consideration, we undertake
a number of surveys throughout the year
in conjunction with the Canadian
Wildlife Service, State and Provincial
wildlife management agencies, and
others. To determine the appropriate
frameworks for each species, we
consider factors such as population size
and trend, geographical distribution,
annual breeding effort, the condition of
breeding and wintering habitat, the
number of hunters, and the anticipated
harvest. After we establish frameworks
for season lengths, bag limits, and areas
for migratory bird hunting, migratory
game bird management becomes a
cooperative effort of State and Federal
Governments. After Service
establishment of final frameworks for
hunting seasons, the States may select
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season dates, bag limits, and other
regulatory options for the hunting
seasons.
As discussed in the Cumulative
Impacts Report that we posted on
https://www.regulations.gov under
Docket No. FWS–R9–NSR–2011–0038,
along with the proposed rule on the day
of publication (July 5, 2011), we took a
look at the cumulative impact that the
2011–2012 proposed rule would have
on migratory birds, resident wildlife,
nonhunted migratory and resident
wildlife, threatened and endangered
species, habitats and plant resources,
other wildlife-dependent recreational
uses, physical resources (air, water,
soils), cultural resources, refuge
facilities, solitude, and cumulative
socioeconomic impacts.
This rule proposes to expand
migratory bird hunting on five refuges.
Collectively, we estimate that this
proposed hunting action will result in
the take of 2,450 ducks or .019 percent
of the estimated national harvest and
the take of 650 geese or .02 percent of
the estimated national harvest. In short,
we project that harvests of these species
on the five refuges will constitute an
extremely minor component of the
national harvests.
We allow hunting of resident wildlife
on national wildlife refuges only if such
activity has been determined compatible
with the established purpose(s) of the
refuge and the mission of the Refuge
System as required by the
Administration Act. Hunting of resident
wildlife on national wildlife refuges
generally occurs consistent with State
regulations, including seasons and bag
limits. Refuge-specific hunting
regulations can be more restrictive (but
not more liberal) than State regulations
and often are in order to help meet
specific refuge objectives. These include
resident wildlife population and habitat
objectives, minimizing disturbance
impacts to wildlife, maintaining highquality opportunities for hunting and
other wildlife-dependent recreation,
eliminating or minimizing conflicts
with other public uses and/or refuge
management activities, and protecting
public safety.
The proposed actions involving
resident wildlife hunting include three
refuges allowing this type of hunting for
the first time and expanding this type of
hunting on six refuges. Please consult
the Cumulative Impacts Report at the
site referenced above for more in-depth
discussion, but in sum, none of the
known, estimated or projected harvests
of big game, small or upland game
species resulting from the proposed
hunting activities on refuges were
determined or expected to have
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significant adverse direct, indirect or
cumulative impacts to any big game,
small, or upland wildlife population.
The Migratory Bird Conservation Act
of 1929 (16 U.S.C. 715 et seq.)
authorizes acquisition of refuges as
‘‘inviolate sanctuaries’’ where the birds
could rest and reproduce in total
security. In 1949, this ‘‘inviolate
sanctuary’’ concept was modified by an
amendment to the Migratory Bird
Hunting and Conservation Stamp Act
which permitted hunting on up to 25
percent of each inviolate refuge.
Another amendment to the Migratory
Bird Hunting and Conservation Stamp
Act in 1958 increased the total area of
an inviolate refuge that could be opened
for hunting to up to 40 percent.
Whether an area is an inviolate
sanctuary is a function of the
mechanism of its creation. If a refuge
was acquired as an inviolate sanctuary,
only 40 percent of the refuge area may
be opened at one time for hunting of
migratory game birds. However, if the
refuge was not acquired as an inviolate
sanctuary, 100 percent of the refuge area
may be opened for hunting.
The Fish and Wildlife Improvement
Act of 1978 amended section 6 of the
National Wildlife Refuge System
Administration Act of 1966 (16 U.S.C.
668dd) to provide for the opening of all
or any portion of an inviolate sanctuary
to the taking of migratory birds if taking
is determined to be beneficial to the
species. Such opening of more than 40
percent of the inviolate sanctuary to
hunting is determined by species. This
amendment refers to inviolate
sanctuaries created in the past or to be
created in the future. It has no
application to areas acquired for other
management purposes.
Most refuge hunt programs have
established refuge-specific regulations
to improve the quality of the hunting
experience as well as provide for quality
wildlife-dependent experiences for
other users. Refuge visitor use programs
are adjusted, as needed to eliminate or
minimize conflicts between users.
Virtually all of the refuges open to
hunting and other wildlife-dependent
recreational uses use time and space
zoning as an effective method to reduce
conflicts between hunting and other
uses. Eliminating or restricting overlap
between hunt areas and popular areas
from other wildlife-dependent
recreation allows opportunity for other
users to safely enjoy the refuge in
nonhunted areas during hunting
seasons. Restrictions on the number of
hunters and the time in which they
could hunt are also frequently used to
minimize conflicts between user groups.
Public outreach accompanying the
opening of hunting seasons is frequently
used to make other wildlife-dependent
recreational users aware of the seasons
and minimize conflicts. We made no
changes to the regulations as a result of
this comment.
Effective Date
This rule is effective upon publication
in the Federal Register. We have
determined that any further delay in
implementing these refuge-specific
hunting and sport fishing regulations
would not be in the public interest, in
that a delay would hinder the effective
planning and administration of the
hunting and fishing programs. We
provided a 30-day public comment
56059
period for the July 5, 2011, proposed
rule. An additional delay would
jeopardize holding the hunting and/or
fishing programs this year or shorten
their duration and thereby lessen the
management effectiveness of this
regulation. This rule does not impact
the public generally in terms of
requiring lead time for compliance.
Rather it relieves restrictions in that it
allows activities on refuges that we
would otherwise prohibit. Therefore, we
find good cause under 5 U.S.C. 553(d)(3)
to make this rule effective upon
publication.
Amendments to Existing Regulations
This document codifies in the Code of
Federal Regulations amendments to 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. This
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
State
Migratory bird
hunting
Upland game
hunting
Big game hunting
Arapaho .....................................................................................
Bayou Sauvage .........................................................................
Coldwater River .........................................................................
Crane Meadows ........................................................................
Currituck ....................................................................................
Minnesota Valley .......................................................................
Northern Tallgrass Prairie .........................................................
Ouray .........................................................................................
Sherburne ..................................................................................
Trinity River ...............................................................................
mstockstill on DSK4VPTVN1PROD with RULES2
National Wildlife Refuge
CO ....
LA .....
MS ....
MN ....
NC .....
MN ....
MN/IA
UT .....
MN ....
TX .....
Already open ..
B .....................
B .....................
Closed ............
Already open ..
C .....................
C/D .................
Already open ..
C .....................
Already open ..
Already open ..
Closed ............
B .....................
Closed ............
Closed ............
C .....................
C/D .................
D (turkey) .......
Already open ..
C .....................
D (elk) .................
Closed .................
B .........................
A (deer/turkey) ....
B .........................
C .........................
C .........................
D (elk) .................
D (turkey)/C ........
C .........................
Fishing
Already
Already
Already
Closed.
Closed.
Already
Closed.
Already
Already
Already
open.
open.
open.
open.
open.
open.
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
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Upland Game Hunting. The refuge has
never been open to that activity, and we
are correcting the record with this
change.
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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
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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 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’’).
Regulatory Planning and Review
The Office of Management and Budget
(OMB) has determined that this rule is
not significant under Executive Order
12866 (E.O. 12866). OMB bases its
determination on the following four
criteria:
(a) Whether the rule will have an
annual effect of $100 million or more on
the economy or adversely affect an
economic sector, productivity, jobs, the
environment, or other units of the
government.
(b) Whether the rule will create
inconsistencies with other Federal
agencies’ actions.
(c) Whether the rule will materially
affect entitlements, grants, use fees, loan
programs, or the rights and obligations
of their recipients.
(d) Whether the rule raises novel legal
or policy issues.
Regulatory Flexibility Act
Under the Regulatory Flexibility Act
(as amended by the Small Business
Regulatory Enforcement Fairness Act
[SBREFA] of 1996) (5 U.S.C. 601 et seq.),
whenever a Federal agency is required
to publish a notice of rulemaking for
any proposed or final rule, it must
prepare and make available for public
comment a regulatory flexibility
analysis that describes the effect of the
rule on small entities (i.e., small
businesses, small organizations, and
small government jurisdictions).
However, no regulatory flexibility
analysis is required if the head of an
agency certifies that the rule would not
have a significant economic impact on
a substantial number of small entities.
Thus, for a regulatory flexibility analysis
to be required, impacts must exceed a
threshold for ‘‘significant impact’’ and a
threshold for a ‘‘substantial number of
small entities.’’ See 5 U.S.C. 605(b).
SBREFA amended the Regulatory
Flexibility Act to require Federal
agencies to provide a statement of the
factual basis for certifying that a rule
would not have a significant economic
impact on a substantial number of small
entities.
This rule adds 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.
TABLE 2—ESTIMATED CHANGE IN RECREATION OPPORTUNITIES IN 2011/2012
Additional
user days
Refuge
Additional
expenditures
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Arapaho ...................................................................................................................................................................
Bayou Sauvage .......................................................................................................................................................
Coldwater River .......................................................................................................................................................
Crane Meadows .......................................................................................................................................................
Currituck ...................................................................................................................................................................
Minnesota Valley .....................................................................................................................................................
Northern Tallgrass Prairie ........................................................................................................................................
Ouray .......................................................................................................................................................................
Sherburne ................................................................................................................................................................
Trinity River ..............................................................................................................................................................
40
672
400
55
400
2,818
75
100
50
140
$4,337
72,865
43,372
5,964
43,372
305,555
8,132
10,843
5,421
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
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regional economy and benefit local
businesses. Due to the unavailability of
site-specific expenditure data, we use
the national estimates from the 2006
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National Survey of Fishing, Hunting,
and Wildlife Associated Recreation to
identify expenditures for food and
lodging, transportation, and other
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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
56061
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]
Retail trade
in 2007
(2010 $ )
Refuge/county(ies)
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Arapaho
Jackson, CO .................................................................
Bayou Sauvage
Orleans Parish, LA .......................................................
Coldwater River
Tallahatchie, MS ...........................................................
Quitman, MS .................................................................
Crane Meadows
Morrison, MN ................................................................
Currituck
Currituck, NC ................................................................
Minnesota Valley
Hennepin MN ................................................................
Carver MN ....................................................................
Scott MN ...........................................................................
Dakota MN ....................................................................
Northern Tallgrass Prairie
Jasper, IA ......................................................................
Kossuth, IA ...................................................................
Lincoln, MN ...................................................................
Lyon, MN ......................................................................
Otter Tail, MN ...............................................................
Rock, MN ......................................................................
Stevens, MN .....................................................................
Ouray
Unitah, UT .....................................................................
Sherburne
Sherburne, MN .............................................................
Trinity River
Liberty, TX ....................................................................
With the small change in overall
spending anticipated from this rule, it is
unlikely that a substantial number of
small entities will have more than a
small impact from the spending change
near the affected refuges. Therefore, we
certify that this rule will not have a
significant economic effect on a
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17:04 Sep 08, 2011
Jkt 223001
Estimated
maximum addition from
new activities
Frm 00009
Establishments
in 2008
Establ. with
<10 emp in
2008
$23,099
$4.3
0.019
13
10
3,241,340
72.9
0.002
1,201
983
67,735
29,478
21.7
21.7
0.032
0.074
40
21
34
18
430,771
6.0
0.001
135
94
314,767
43.4
0.014
142
118
26,568,279
962,544
1,394,907
6,158,226
76.4
76.4
76.4
76.4
0
0.008
0.005
0.001
4,295
223
349
1,169
2,670
143
234
717
326,707
233,531
63,331
451,824
840,187
130,128
202,798
1.2
1.2
1.2
1.2
1.2
1.2
1.2
0
0
0.002
0
0
0.001
0.001
120
99
37
134
277
47
53
79
78
27
96
204
33
34
550,293
10.8
0.002
137
85
1,006,876
5.4
0.001
207
134
778,776
15.2
0.002
200
143
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.
PO 00000
Addition as
% of total
Fmt 4701
Sfmt 4700
Small Business Regulatory Enforcement
Fairness Act
The rule is not a major rule under 5
U.S.C. 804(2), the Small Business
Regulatory Enforcement Fairness Act.
We anticipate no significant
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Federal Register / Vol. 76, No. 175 / Friday, September 9, 2011 / Rules and Regulations
employment or small business effects.
This rule:
a. Will not have an annual effect on
the economy of $100 million or more.
The minimal impact will be scattered
across the country and will most likely
not be significant in any local area.
b. Will not cause a major increase in
costs or prices for consumers;
individual industries; Federal, State, or
local government agencies; or
geographic regions. This rule will have
only a slight effect on the costs of
hunting opportunities for Americans. If
the substitute sites are farther from the
participants’ residences, then an
increase in travel costs will occur. The
Service does not have information to
quantify this change in travel cost but
assumes that, since most people travel
less than 100 miles to hunt, the
increased travel cost will be small. We
do not expect this rule to affect the
supply or demand for hunting
opportunities in the United States and,
therefore, it should not affect prices for
hunting equipment and supplies, or the
retailers that sell equipment.
c. Will not have significant adverse
effects on competition, employment,
investment, productivity, innovation, or
the ability of United States-based
enterprises to compete with foreignbased enterprises. This rule represents
only a small proportion of recreational
spending at national wildlife refuges.
Therefore, this rule will have no
measurable economic effect on the
wildlife-dependent industry, which has
annual sales of equipment and travel
expenditures of $72 billion nationwide.
mstockstill on DSK4VPTVN1PROD with RULES2
Unfunded Mandates Reform Act
Since this rule applies to public use
of federally owned and managed
refuges, it will not impose an unfunded
mandate on State, local, or Tribal
governments or the private sector of
more than $100 million per year. The
rule will not have a significant or
unique effect on State, local, or Tribal
governments or the private sector. A
statement containing the information
required by the Unfunded Mandates
Reform Act (2 U.S.C. 1531 et seq.) is not
required.
Takings (E.O. 12630)
In accordance with E.O. 12630, this
rule does not have significant takings
implications. This regulation affects
only visitors at national wildlife refuges
and describes 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,
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this rule does not have sufficient
Federalism implications to warrant the
preparation of a federalism summary
impact statement under E.O. 13132. In
preparing this rule, we worked with
State governments.
Civil Justice Reform (E.O. 12988)
In accordance with E.O. 12988, the
Office of the Solicitor has determined
that the rule does not unduly burden the
judicial system and that it meets the
requirements of sections 3(a) and 3(b)(2)
of the Order. The regulation clarifies
established regulations and will result
in better understanding of the
regulations by refuge visitors.
Energy Supply, Distribution or Use
(E.O. 13211)
On May 18, 2001, the President issued
E.O. 13211 on regulations that
significantly affect energy supply,
distribution, and use. E.O. 13211
requires agencies to prepare Statements
of Energy Effects when undertaking
certain actions. Because this rule
increases activities at nine refuges and
opens 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.
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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 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 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
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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 NE. 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, 5600
American Blvd. West, Suite 990,
Bloomington, MN 55437; 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.
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Primary Author
Leslie A. Marler, Management
Analyst, Division of Conservation
Planning and Policy, National Wildlife
Refuge System is the primary author of
this rulemaking document.
List of Subjects in 50 CFR Part 32
Fishing, Hunting, Reporting and
recordkeeping requirements, Wildlife,
Wildlife refuges.
For the reasons set forth in the
preamble, we amend title 50, chapter I,
subchapter C of the Code of Federal
Regulations as follows:
PART 32—[AMENDED]
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, in alphabetical order,
‘‘Crane Meadows National Wildlife
Refuge’’ in the State of Minnesota;
■ b. Removing the entry for ‘‘Coldwater
National Wildlife Refuge’’ and adding in
alphabetical order an entry for
‘‘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 § 32.20 Alabama by:
■ a. Revising paragraph B.8. under
Choctaw National Wildlife Refuge; and
■ b. Revising the entry for Eufaula
National Wildlife Refuge.
The revisions read as follows:
■
§ 32.20
*
*
Alabama.
*
*
*
Choctaw National Wildlife Refuge
*
*
*
*
*
B. Upland Game Hunting. * * *
*
*
*
*
*
8. A hunter may only possess
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.
*
*
*
*
*
Eufaula National Wildlife Refuge
A. Migratory Game Bird Hunting. We
allow hunting of mourning dove and
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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
§ 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 §§ 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
§ 27.93 of this chapter).
9. We allow access to the refuge for
hunting from 11⁄2; hours before legal
sunrise to 11⁄2; 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 § 32.2(h) and § 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 airthrust 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.
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2. We allow squirrel and rabbit
hunting on selected areas and days
during the State seasons.
3. We prohibit the use of dogs (see
§ 26.21(b) of this chapter).
4. We allow only shotguns.
5. We prohibit the mooring or storing
of boats from 11⁄2; hours after legal
sunset to 11⁄2; hours before legal sunrise
(see § 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 Stateapproved 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 § 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.
*
*
*
*
*
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4. Amend § 32.22 Arizona by revising
paragraph D.6.i. under Havasu National
Wildlife Refuge to read as follows:
■
§ 32.22
*
*
Arizona.
*
*
*
Havasu National Wildlife Refuge
*
*
*
*
*
D. Sport Fishing. * * *
*
*
*
*
*
6. * * *
i. We prohibit entry of all motorized
watercraft in all three bays as indicated
by signs or regulatory buoys.
*
*
*
*
*
■ 5. Amend § 32.23 Arkansas by:
■ a. Revising paragraph A.22., adding
paragraph A.23., revising paragraph
B.1., adding paragraph B.12., and
revising paragraphs C.1. and D.1. under
Bald Knob National Wildlife Refuge;
■ b. Revising paragraph B.15., adding
paragraphs B.17. and B.18., and revising
paragraph C.1., the introductory text of
paragraph D., and D.1. under Big Lake
National Wildlife Refuge;
■ c. Adding paragraphs A.22. and A.23.,
revising paragraph B.1., adding
paragraph B.12., and revising
paragraphs C.1. and D.1. under Cache
River National Wildlife Refuge;
■ d. Revising paragraphs B.4., C.5., C.6.,
and C.13. under Felsenthal National
Wildlife Refuge;
■ e. Revising paragraph B.4. under
Overflow National Wildlife Refuge;
■ f. Revising paragraph B.4. under Pond
Creek National Wildlife Refuge;
■ g. Removing paragraph A.3.,
redesignating paragraphs A.4. through
A.11. as paragraphs A.3. through A.10.,
revising newly redesignated paragraph
A.10., adding new paragraph A.11.,
revising paragraph B.1., adding
paragraph B.9, and revising paragraphs
C.1. and D.1. under Wapanocca National
Wildlife Refuge; and
■ h. Revising paragraph B.2., C.5., C.12.,
and C.19. under White River National
Wildlife Refuge.
The additions and revisions read as
follows:
§ 32.23
*
*
Arkansas.
*
*
*
vehicle, ATV, or boat while under
power (see § 27.42(b) of this chapter).
We define ‘‘loaded’’ as shells in the
firearm or ignition device on the
muzzleloader.
B. Upland Game Hunting. * * *
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. Big Game Hunting.* * *
1. Conditions A1, A5, A10 through
A12, A16 through A23, and B8 through
B12 apply.
*
*
*
*
*
D. Sport Fishing. * * *
1. Conditions A10, A18 through A23,
B11, and C16 apply.
*
*
*
*
*
Big Lake National Wildlife Refuge
*
*
*
*
*
B. Upland Game Hunting. * * *
*
*
*
*
*
15. We prohibit the possession or use
of alcoholic beverages while hunting
(see § 32.2(j)) or open alcohol containers
on refuge roads, ATV trails, boat ramps,
parking areas, and fishing piers/
observation decks.
*
*
*
*
*
17. We prohibit loaded hunting
firearms or muzzleloaders in or on a
vehicle, ATV, or boat while under
power (see § 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. Big Game Hunting.* * *
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.
*
*
*
*
*
Bald Knob National Wildlife Refuge
Cache River National Wildlife Refuge
A. Migratory Game Bird Hunting.
* * *
*
*
*
*
*
22. We prohibit the possession or use
of alcoholic beverages while hunting
(see § 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
A. Migratory Game Bird Hunting.
* * *
*
*
*
*
*
22. We prohibit the possession or use
of alcoholic beverages while hunting
(see § 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
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vehicle, ATV, or boat while under
power (see § 27.42(b) of this chapter).
We define ‘‘loaded’’ as shells in the
firearm or ignition device on the
muzzleloader.
B. Upland Game Hunting. * * *
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. Big Game Hunting. * * *
1. Conditions A1, A5, A9 through
A11, A15 through A23, B6 through B9,
B11, and B12 apply.
*
*
*
*
*
D. Sport Fishing. * * *
1. Conditions A9, A17, A19, A21
through A23, and B11 apply.
*
*
*
*
*
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
*
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Felsenthal National Wildlife Refuge
*
*
*
*
B. Upland Game Hunting. * * *
*
*
*
*
*
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. Upland Game Hunting. * * *
*
*
*
*
*
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. Big Game Hunting. * * *
*
*
*
*
*
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
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*
*
*
*
*
*
B. Upland Game Hunting. * * *
*
*
*
*
*
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.
*
*
*
*
*
D. Sport Fishing. * * *
1. Conditions A3, A5, A9 through
A11, B6, and B7 apply. We allow fishing
from March 1 through October 31 from
c hour before legal sunrise to c hour after
legal sunrise.
*
*
*
*
*
White River National Wildlife Refuge
*
*
*
*
*
B. Upland Game Hunting. * * *
*
*
*
*
*
2. We allow hunting of rabbit and
squirrel on the North Unit from
September 1 until February 28.
C. Big Game Hunting. * * *
*
*
*
*
*
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 § 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 § 32.25 Colorado by
revising the entry for Arapaho National
Wildlife Refuge to read as follows:
■
Wapanocca National Wildlife Refuge
§ 32.25
A. Migratory Game Bird Hunting.
* * *
*
*
*
*
*
10. We prohibit the possession or use
of alcoholic beverages while hunting
(see § 32.2(j)) and open alcohol
containers on refuge roads, ATV trails,
boat ramps, parking areas, and fishing
piers/observation decks.
11. We prohibit loaded hunting
firearms or muzzleloaders in or on a
vehicle, ATV, or boat while under
power (see § 27.42(b) of this chapter).
We define ‘‘loaded’’ as shells in the
firearm or ignition device on the
muzzleloader.
B. Upland Game Hunting. * * *
1. Conditions A1 through A11 apply.
*
*
*
*
*
9. We prohibit transportation,
possession, or release of live hog on the
refuge.
C. Big Game Hunting. * * *
1. Conditions A1 through A11, B4,
and B6 through B9 apply.
*
*
*
*
*
*
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56065
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 § 32.2(h)).
3. We allow use of only portable
stands and blinds that the hunter must
remove following each day’s hunt (see
§ 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:
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1. All upland game hunting closes
annually on December 31.
2. You may possess only approved
nontoxic shot while hunting (see
§ 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 § 32.28 Florida 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. under 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
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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:
■
§ 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 § 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 §§ 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 § 27.51 of this chapter).
10. Hunters must remove decoys and
other personal property (see § 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
§ 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
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nonmotorized boats. We prohibit boats
with air-cooled engines, airboats, fan
boats, hovercraft, and personal
watercraft (Jet Skis, Jet Boats, Wave
Runners, etc.).
15. There is a 35 mph speed limit in
all waters of the refuge. A 500-foot (150meter) 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 § 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
§ 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 (State 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
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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
§ 27.31 of this chapter).
11. We prohibit construction of
permanent blinds (see § 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 possess more
than 25 shells in one hunt day.
*
*
*
*
*
D. Sport Fishing. * * *
1. Anglers must possess and carry a
current, signed refuge fishing permit
(signed brochure) at all times while
fishing on the refuge.
*
*
*
*
*
17. 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
§ 27.42 of this chapter and part 32).
*
*
*
*
*
St. Marks National Wildlife Refuge
A. Migratory Game Bird Hunting.
* * *
*
*
*
*
*
4. Hunters may access the hunt area
by boat.
B. Upland Game Hunting. * * *
*
*
*
*
*
4. You must unload all hunting
firearms for transport in vehicles (uncap
muzzleloaders).
*
*
*
*
*
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D. Sport Fishing. * * *
*
*
*
*
10. The interior ponds and lakes on
the Panacea Unit are open year-round
for bank fishing. We open vehicle access
to these areas from March 15 through
May 15 each year. Ponds and lakes that
anglers access from County Road 372
are open year-round for fishing and
boating.
*
*
*
*
*
*
St. Vincent National Wildlife Refuge
*
*
*
*
*
C. Big Game Hunting. * * *
*
*
*
*
*
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 as specified in the brochure.
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 or a refuge officer.
9. We limit hunting weapons to
primitive weapons on the sambar deer
hunt and the primitive weapons whitetailed deer hunt. We limit the archery
hunt to bow and arrow. Weapons must
meet all State regulations. We prohibit
crossbows during refuge hunts except
with State permit.
*
*
*
*
*
15. Hunting weapons must have the
caps removed from muzzleloaders and
arrows quivered before and after legal
shooting hours.
*
*
*
*
*
Ten Thousand Islands National
Wildlife Refuge
A. Migratory Game Bird Hunting.
* * *
*
*
*
*
*
2. We allow hunting only on
Wednesdays, Saturdays, Sundays, and
Federal holidays that fall within the
State’s waterfowl season, including:
Thanksgiving, Christmas, and New
Year’s Day.
3. Hunters must possess and carry a
valid, signed refuge permit (signed
brochure) at all times while hunting on
the refuge.
*
*
*
*
*
5. Hunters may enter the refuge from
the south side of U.S. 41. We allow
hunting from 1⁄2 hour before legal
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56067
sunrise until 12 p.m. Hunters may enter
the refuge no earlier than 4 a.m. and
must remove all decoys, guns, blinds,
and other related equipment (see § 27.93
of this chapter) by 1 p.m. daily.
6. We prohibit hunting within 100
yards (90 m) of the south edge of U.S.
41 and the area posted around Marsh
Trail extending south from U.S. 41.
*
*
*
*
*
9. Hunters may only take duck and
coot with a shotgun (no larger than a 10
gauge). We prohibit target practice on
the refuge (see § 27.42 of this chapter).
10. We prohibit air-thrust boats,
hovercraft, personal watercraft (jet skis,
jet boats, and wave runners), and offroad vehicles at all times. We limit
vessels to a maximum of a 25 hp
outboard motor.
11. We require all commercial guides
to purchase, possess, and carry a refuge
Special Use Permit (FWS Form 3–1383).
*
*
*
*
*
13. We allow youth hunt days in
accordance with State regulations.
Hunters age 15 or younger may hunt
only with a nonhunting adult age 18 or
older. Youth hunters must remain
within sight and sound of the
nonhunting adult. Youth hunters must
have completed a hunter education
course.
14. 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
§ 27.42 of this chapter and part 32).
*
*
*
*
*
D. Sport Fishing.* * *
1. We prohibit air-thrust boats,
hovercraft, personal watercraft (jet skis,
jet boats, and wave runners), and offroad vehicles in the freshwater and
brackish marsh area south of U.S. 41.
We limit vessels to a maximum of 25 hp
outboard motor.
*
*
*
*
*
3. We only allow crabbing for
recreational use in the freshwater and
brackish marsh area of the refuge. You
may use a dip or landing net, drop net,
or hook and line.
4. We prohibit commercial fishing
and the taking of snake, turtle, frog, and
other wildlife (see § 27.21 of this
chapter) in the freshwater and brackish
marsh area of the refuge.
*
*
*
*
*
6. Anglers and crabbers must attend
their lines at all times.
7. We require all commercial guides
operating in the freshwater and brackish
marsh area of the refuge to purchase,
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possess, and carry a refuge Special Use
Permit (FWS Form 3–1383).
*
*
*
*
*
■ 8. Amend § 32.29 Georgia by:
■ a. Revising paragraphs C.1., C.9.,
C.11., and C.13., and adding paragraph
C.20. under Blackbeard Island National
Wildlife Refuge:
■ b. Revising paragraphs C.3., C.9.,
C.11., and C.12., and adding paragraph
C.20. under Harris Neck National
Wildlife Refuge;
■ c. Revising paragraphs C.5., C.7.,
C.10., C.11., and adding paragraph C.12.
under Savannah National Wildlife
Refuge; and
■ d. Revising paragraphs C.1., C.5., C.6.,
C.8., and C.9., and adding paragraph
C.21. under Wassaw National Wildlife
Refuge.
The additions and revisions read as
follows:
§ 32.29
*
*
Georgia.
*
*
*
Blackbeard Island National Wildlife
Refuge
*
*
*
*
*
C. Big Game Hunting.* * *
1. Hunters must possess and carry a
signed refuge hunting regulations
brochure on their person at all times.
They may obtain hunt information and
refuge hunting brochures at the
Savannah Coastal Refuges Complex
headquarters.
*
*
*
*
*
9. For hunting, we allow only bows in
accordance with State regulations.
*
*
*
*
*
11. You may take five deer (no more
than two antlered), and we will issue
State bonus tags for two of these. There
is no bag limit on feral hog.
*
*
*
*
*
13. Hunters must be on their stands
from 1⁄2 hour before legal sunrise until
9 a.m. and from 2 hours before legal
sunset until 1⁄2 hour after legal sunset.
*
*
*
*
*
20. We prohibit the use of trail or
game cameras.
*
*
*
*
*
Harris Neck National Wildlife Refuge
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*
*
*
*
*
C. Big Game Hunting.* * *
*
*
*
*
*
3. Hunters must be on their stands
from 1⁄2 hour before legal sunrise until
9 a.m. and from 2 hours before legal
sunset until 1⁄2 hour after legal sunset.
*
*
*
*
*
9. During the archery hunt, we allow
only bows in accordance with State
regulations.
*
*
*
*
*
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11. Hunters may take five deer (no
more than two antlered), and we will
issue State bonus tags for two of these.
There is no bag limit for feral hog.
12. During the gun hunt, we allow
only shotguns (20 gauge or larger; slugs
only) and bows in accordance with State
regulations.
*
*
*
*
*
20. We prohibit the use of trail or
game cameras.
*
*
*
*
*
Savannah National Wildlife Refuge
*
*
*
*
*
C. Big Game Hunting. * * *
*
*
*
*
*
5. We allow only shotguns (20 gauge
or larger; slugs only), center-fire rifles
(.22 caliber or larger), muzzleloaders,
and bows for deer and hog hunting
throughout the designated hunt area
during the November gun hunt and the
March hog hunt.
*
*
*
*
*
7. Hunters may take five deer (no
more than two antlered). There is no bag
limit on feral hog.
*
*
*
*
*
10. We allow turkey hunting during a
special 3-week turkey hunt in April.
Turkey hunters may harvest only three
gobblers.
11. We allow shotguns with only #2
shot or smaller and bows, in accordance
with State regulations, for turkey
hunting. We prohibit the use of slugs or
buckshot during turkey hunts.
12. We prohibit the use of trail or
game cameras.
*
*
*
*
*
Wassaw National Wildlife Refuge
*
*
*
*
*
C. Big Game Hunting. * * *
1. Hunters must possess and carry a
signed refuge hunting regulations
brochure on their person at all times.
They may obtain hunt information and
refuge hunting brochures at the
Savannah Coastal Refuges Complex
headquarters.
*
*
*
*
*
5. Hunters may take five deer (no
more than two antlered), and we will
issue State bonus tags for two of these.
There is no bag limit on feral hog.
6. Hunters must be on their stands
from 1⁄2 hour before legal sunrise until
9 a.m. and from 2 hours before legal
sunset until 1⁄2 hour after legal sunset.
*
*
*
*
*
8. We allow only bows and
muzzleloading rifles, in accordance
with State regulations, during primitive
weapons hunt.
9. When hunting, we allow only
shotguns (20 gauge or larger; slug only),
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center-fire rifles (.22 caliber or larger),
bows, and primitive weapons, in
accordance with State regulations,
during the gun hunt.
*
*
*
*
*
21. We prohibit the use of trail or
game cameras.
*
*
*
*
*
■ 9. Amend § 32.32 Illinois by:
■ a. Revising the entry for Crab Orchard
National Wildlife Refuge; and
■ b. Revising paragraphs B.3. and D.3.
under Port Louisa National Wildlife
Refuge.
The revisions read as follows:
§ 32.32
*
Illinois.
*
*
*
*
Crab Orchard National Wildlife Refuge
A. Migratory Game Bird Hunting. We
allow hunting of waterfowl on
designated areas of the refuge in
accordance with State regulations
subject to the following conditions:
1. We require a refuge hunt brochure
permit that is available at the refuge
office and in brochure dispensers at
multiple locations throughout the
refuge. You must carry this signed
permit when hunting on the refuge.
2. We prohibit hunting in the
restricted use area of Crab Orchard Lake
and areas posted closed to hunting as
described in the hunting brochure.
3. We prohibit hunting within 50
yards (45 m) of all designated public use
facilities, including but not limited to:
parking areas, picnic areas,
campgrounds, marinas, boat ramps,
public roads, and established hiking
trails listed in the refuge trails brochure.
4. Hunters must remove all boats,
decoys, blinds, blind materials, stands,
platforms, and other personal
equipment (see §§ 27.93 and 27.94 of
this chapter) brought onto the refuge at
the end of each day’s hunt.
5. We prohibit the construction or use
of permanent blinds, stands, platforms,
or scaffolds (see § 27.92 of this chapter).
6. Waterfowl hunting blinds must be
a minimum of 200 yards (180 m) apart.
Hunters must anchor boat blinds on the
shore or anchor them a minimum of 200
yards (180 m) away from any shoreline.
7. An adult age 21 or older must
supervise youth hunters under age 16,
and youth hunters must remain in sight
of and normal voice contact with the
adult.
8. We prohibit the use of paint,
flagging, reflectors, tacks, or other
manmade materials to mark trails or
hunting locations (see § 27.93 of this
chapter).
9. We allow the use of hunting dogs
during the hunting season, provided the
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dogs are under the immediate control of
the hunter at all times.
10. We allow waterfowl hunting on
the eastern shoreline in Grassy Bay.
11. Waterfowl hunters may hunt in
the ‘‘controlled waterfowl hunting area’’
up to 3 days prior to Canada goose
season.
12. We allow waterfowl hunting in
the ‘‘controlled waterfowl hunting area’’
(as displayed in the refuge hunting
brochure) during the Canada goose
season subject to the following
conditions:
i. Waterfowl hunters must attend a
special drawing on the day of the hunt.
ii. We allow hunting 1⁄2 hour before
legal sunrise to posted closing times.
iii. Hunters must hunt from assigned
refuge blinds or markers. We allow
water blind hunters to hunt from a boat
immediately adjacent to their blind/
marker.
iv. All hunters must report their
harvest at the end of the day’s hunt
using the Waterfowl Harvest Report
(FWS Form 3–2361).
B. Upland Game Hunting. We allow
hunting of squirrel, rabbit, bobwhite
quail, raccoon, opossum, red fox, grey
fox, and coyote on designated areas of
the refuge in accordance with State
regulations subject to the following
conditions:
1. Conditions A1 through A5 and A7
through A9 apply.
2. We prohibit upland game hunting
in the ‘‘controlled waterfowl hunting
area’’ during the Canada goose hunting
season, except we allow furbearer
hunting from legal sunset to legal
sunrise.
3. We prohibit hunters using rifles or
handguns with ammunition larger than
.22 caliber rimfire, except they may use
black powder firearms up to and
including .40 caliber.
4. We allow the use of .22 and .17
caliber rimfire lead ammunition for the
taking of small game and furbearers
during open season.
5. We prohibit target practice or any
nonhunting discharge of firearms (see
§ 27.42 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. Conditions A1 through A5 and A7,
A8, and B4 apply.
2. We require all deer and turkey
hunters using the ‘‘restricted use area’’
(as described in the hunting brochure)
to check-in at the refuge visitor center
prior to hunting.
3. We allow the use of legal-sized lead
ammunition (see current Illinois
hunting digest) for the taking of deer
and turkey.
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4. We prohibit the use of handguns for
the taking of deer in the restricted use
area.
5. We prohibit the use of ‘‘deer
drives’’ for the taking or attempting to
take deer. We define a ‘‘deer drive’’ as
a hunter(s) moving through an area with
the intent of displacing one or more
deer in the direction of another
hunter(s).
6. We allow deer hunting with
archery equipment only in the following
areas:
i. In the ‘‘controlled waterfowl
hunting area’’;
ii. On all refuge lands north of Illinois
State Route 13; and
iii. In the area north of the Crab
Orchard Lake emergency spillway and
west of Crab Orchard Lake.
D. Sport Fishing. We allow sport
fishing on designated areas of the refuge
in accordance with State regulations
subject to the following conditions:
1. On Crab Orchard Lake west of Wolf
Creek Road:
i. Anglers may fish from boats all
year.
ii. Anglers must remove all trotlines/
jugs from legal sunrise until legal sunset
from the Friday immediately prior to
Memorial Day through Labor Day.
2. On Crab Orchard Lake east of Wolf
Creek Road:
i. Anglers may fish from boats March
15 through September 30.
ii. Anglers may fish all year at the
Wolf Creek and Route 148 causeways.
3. Anglers must check and remove
fish from all jugs and trotlines daily.
4. We prohibit using stakes to anchor
any trotlines and anchoring trotlines
from any object on the shoreline.
5. Anglers must tag all jugs and
trotlines with their name and address.
6. We prohibit anglers using jugs or
trotlines with any flotation device that
has previously contained any
petroleum-based material or toxic
substances.
7. Anglers must attach a buoyed
device that is visible on the water’s
surface to all trotlines.
8. Anglers may use all legal
noncommercial fishing methods, except
they may not use any underwater
breathing apparatus.
9. On A–41, Bluegill, Managers,
Honkers, and Vistors Ponds:
i. Anglers may fish only from legal
sunrise to legal sunset March 15 through
September 30.
ii. We prohibit anglers from using
boats or flotation devices.
10. Anglers may not submerge any
pots or similar object to take or locate
any fish.
11. Organizers of all fishing events
must possess a Special Use Permit (FWS
Form 3–1383G or 3–1383C).
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12. We prohibit anglers from fishing
within 250 yards (225 m) of an occupied
waterfowl hunting blind.
13. We restrict motorboats on all
refuge waters to slow speeds leaving
‘‘no wake’’ within 150 feet (45 m) of any
shoreline, swimming area, marina
entrance, boat ramp, causeway tunnel,
and any areas indicated on the lake
zoning map in the refuge fishing
brochure.
14. We prohibit the use of boat motors
of more than ‘‘10 horse power’’ on
Devils Kitchen and Little Grassy Lakes.
15. We prohibit the use of gaspowered motors in the southeastern
section of Devils Kitchen Lake (consult
lake zoning map in the refuge fishing
brochure).
16. We prohibit the use of trotlines/
jugs on all refuge waters outside of Crab
Orchard Lake.
17. Specific creel and size limits
apply on various refuge waters as listed
in the Crab Orchard Fishing Brochure
and the annual Illinois fishing digest.
*
*
*
*
*
Port Louisa National Wildlife Refuge
*
*
*
*
*
B. Upland Game Hunting. * * *
*
*
*
*
*
3. We allow hunting in designated
areas on the Horseshoe Bend Division
from September 1 until September 15
and December 1 until February 28. We
allow spring turkey hunting.
*
*
*
*
*
D. Sport Fishing. * * *
*
*
*
*
*
3. We close the following Divisions to
all public access: Louisa Division—
September 15 until January 1;
Horseshoe Bend Division—September
15 until December 1; Keithsburg
Division—September 15 until January 1.
*
*
*
*
*
■ 10. Amend § 32.33 Indiana by revising
paragraphs B.2. and B.4., adding
paragraphs B.6. and B.7., revising
paragraphs C.2. and C.8., and adding
paragraphs C.9. and D.5. under
Muscatatuck National Wildlife Refuge,
to read as follows:
§ 32.33
*
Indiana.
*
*
*
*
Muscatatuck National Wildlife Refuge
*
*
*
*
*
B. Upland Game Hunting. * * *
*
*
*
*
*
2. We allow the use of hunting dogs
only for hunting rabbit, quail, and
squirrel provided the dogs are under the
immediate control of the hunter at all
times (see § 26.21(b) of this chapter).
*
*
*
*
*
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4. Hunters must use nontoxic shot in
shotguns.
*
*
*
*
*
6. We require all hunters except
turkey hunters to wear hunter orange.
7. We require all hunters to display a
game harvest report (FWS Form 3–
2359), with name and date filled in, on
their vehicle dashboard while hunting.
Hunters may pick up reports at
registration boxes, complete the reports,
and leave them there before departing
the refuge.
C. Big Game Hunting. * * *
*
*
*
*
*
2. You must possess and carry a Stateissued refuge hunting permit to hunt
deer during the State early archery
season in October, the muzzleloader
season, and the youth hunting weekend.
*
*
*
*
*
8. We allow only spring turkey
hunting on the refuge, and hunters must
possess a State-issued hunting permit
during the first 2 weeks of the season.
9. We allow archery deer hunting in
November except during youth hunting
weekend.
D. Sport Fishing. * * *
*
*
*
*
*
5. We prohibit lead sinkers. We allow
sinkers made of nontoxic materials.
*
*
*
*
*
■ 11. Amend § 32.34 Iowa by:
■ a. Revising paragraph C.6., adding
paragraph C.12, revising the
introductory text of paragraph D., and
revising paragraphs D.1., D.2., and D.5.
under DeSoto National Wildlife Refuge;
and
■ b. Revising the entry for Northern
Tallgrass Prairie National Wildlife
Refuge.
The additions and revisions read as
follows:
§ 32.34
*
*
Iowa.
*
*
*
DeSoto National Wildlife Refuge
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*
*
*
*
*
C. Big Game Hunting. * * *
*
*
*
*
*
6. We prohibit the use of a crossbow
as archery equipment unless the hunter
has obtained a State-issued disability
crossbow permit.
*
*
*
*
*
12. We prohibit participation in
organized deer drives.
D. Sport Fishing. We allow sport
fishing in DeSoto National Wildlife
Refuge in accordance with the States of
Iowa and Nebraska regulations subject
to the following conditions:
1. We allow ice fishing in DeSoto
Lake from January 2 through the end of
February.
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2. We allow the use of pole and line
or rod and reel fishing in DeSoto Lake
from April 15 through October 14.
*
*
*
*
*
5. We allow the use of portable ice
fishing shelters on a daily basis from
January 2 through the end of February.
*
*
*
*
*
Northern Tallgrass Prairie National
Wildlife Refuge
A. Migratory Game Bird Hunting.
Except for those units adjacent to Neal
Smith National Wildlife Refuge, we
allow hunting of duck, goose,
merganser, coot, rail (Virginia and sora
only), woodcock, and snipe on
designated areas in accordance with
State regulations subject to the
following conditions:
1. Hunters may possess only approved
nontoxic shot while in the field (see
§ 32.2(k)).
2. Hunters may construct temporary
blinds using manmade materials only.
We prohibit bringing plants or their
parts onto the refuge.
3. We prohibit the construction or use
of permanent blinds, stands, or scaffolds
(see § 27.93 of this chapter).
4. We prohibit leaving boats, decoys,
or other personal property unattended at
any time.
5. Hunters must remove boats, decoys,
portable or temporary blinds, materials
brought onto the refuge, and other
personal property at the end of each
day’s hunt (see §§ 27.93 and 27.94 of
this chapter).
6. We allow the use of hunting dogs,
provided that the dogs remain under the
immediate control of the hunter at all
times during the State-approved hunting
season (see § 26.21(b) of this chapter).
7. We prohibit the use of motorized
watercraft.
8. We prohibit camping.
B. Upland Game Hunting. Except for
those units adjacent to Neal Smith
National Wildlife Refuge, we allow the
hunting of ring-necked pheasant,
bobwhite quail, gray partridge, rabbit
(cottontail and jack), squirrel (fox and
gray), groundhog, raccoon, opossum, fox
(red and gray), coyote, badger, striped
skunk, and crow 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 allow the use of dogs for upland
game bird hunting only, provided the
dogs remain under the immediate
control of the hunter at all times during
the State-approved hunting season (see
§ 26.21(b) of this chapter).
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3. We prohibit the use of dogs for
hunting furbearers.
4. Conditions A7 and A8 apply.
C. Big Game Hunting. Except for those
units adjacent to Neal Smith National
Wildlife Refuge, we allow the hunting of
deer and turkey on designated areas of
the refuge in accordance with State
regulations subject to the following
conditions:
1. We allow the use of temporary
stands, blinds, platforms, or ladders.
Hunters may construct blinds using
manmade materials only. We prohibit
bringing plants or their parts onto the
refuge.
2. We prohibit the construction or use
of permanent blinds, stands, scaffolds,
or ladders (see § 27.93 of this chapter).
3. Conditions A5, A7, and A8 apply.
D. Sport Fishing. [Reserved]
*
*
*
*
*
■ 12. Amend § 32.36 Kentucky by
revising paragraphs A.11. and B.6.
under Clarks River National Wildlife
Refuge to read as follows:
§ 32.36
*
Kentucky.
*
*
*
*
Clarks River National Wildlife Refuge
A. Migratory Game Bird Hunting.
* * *
*
*
*
*
*
11. We prohibit the use of any
electronic call or other electronic device
used for producing or projecting vocal
sounds of any wildlife species with the
exception of electronic calls used during
the refuge coyote hunt starting at legal
sunrise on the first Monday following
the end of deer archery season and
closing at legal sunset on the Friday 2
weeks prior to the beginning of youth
turkey season.
*
*
*
*
*
B. Upland Game Hunting. * * *
*
*
*
*
*
6. You may hunt coyote under
Statewide regulations starting at legal
sunrise on the first Monday following
the end of deer archery season and
closing at legal sunset on the Friday 2
weeks prior to the beginning of youth
turkey season. Hunters may also take
coyote during any daytime refuge hunt
for other wildlife species with weapons,
ammunition, and equipment legal for
that species only.
*
*
*
*
*
■ 13. Amend § 32.37 Louisiana by:
■ a. Revising paragraphs A.1., C.2., and
C.12. under Bayou Cocodrie National
Wildlife Refuge;
■ b. Revising paragraphs A., D.2., and
D.6. through D.8., and removing
paragraph D.10. under Bayou Sauvage
National Wildlife Refuge;
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c. Revising the introductory text of
paragraph A., revising paragraphs A.2.,
A.3., A.7., C.2., and C.3. under Bayou
Teche National Wildlife Refuge;
■ d. Revising the introductory text of
paragraph A., revising paragraphs A.7.,
B.1., B.4., and D.6. under Big Branch
Marsh National Wildlife Refuge;
■ e. Revising paragraphs A.6. through
A.8. and A10. through A.15., adding
paragraphs A.16. and A.17., revising
paragraphs B., C.1., C.3., C.8., and D.2.
under Bogue Chitto National Wildlife
Refuge;
■ f. Revising paragraphs A.12., and C.2.
through C.4., adding paragraphs C.5.
and C.6. under Cameron Prairie
National Wildlife Refuge;
■ g. Revising paragraph A.11. under
Delta National Wildlife Refuge;
■ h. Revising paragraphs A.4. and B.2.
under Grand Cote National Wildlife
Refuge;
■ i. Revising paragraphs A.14. and C.2.
through C.8., adding paragraph C.9.,
revising paragraphs D.1. and D.10.
through D.14., and adding paragraphs
D.15. through D.18. under Lacassine
National Wildlife Refuge;
■ j. Revising paragraphs A.2. under Lake
Ophelia National Wildlife Refuge;
■ k. Revising the introductory text of
paragraph A., revising paragraphs A.3.,
A.4., and A.6., adding paragraphs A.8.
through A.12., revising paragraphs C.1.
and C.4. through C.6., adding
paragraphs C.7. and C.8., and revising
paragraph D.5. under Mandalay
National Wildlife Refuge;
■ l. Revising paragraph A.10. under Red
River National Wildlife Refuge; and
■ m. Revising paragraph A.16. under
Sabine National Wildlife Refuge.
The additions and revisions read as
follows:
■
§ 32.37
*
*
Louisiana.
*
*
*
mstockstill on DSK4VPTVN1PROD with RULES2
Bayou Cocodrie National Wildlife
Refuge
A. Migratory Game Bird Hunting.
* * *
1. We require a $15 annual Public Use
Permit (signature required) for all
hunters and anglers age 16 and older.
We waive the fee for individuals age 60
and older. The user must sign and carry
the permit.
*
*
*
*
*
C. Big Game Hunting. * * *
*
*
*
*
*
2. The bag limit is one antlered or one
antlerless deer per day. Hunters must
check out each deer harvested according
to the instructions posted at a
designated check station prior to leaving
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the refuge. The State season limit and
tagging regulations apply.
*
*
*
*
*
12. There is a $5 application fee per
person for the lottery gun hunt
application.
*
*
*
*
*
Bayou Sauvage National Wildlife
Refuge
A. Migratory Game Bird Hunting. We
allow hunting of migratory game birds
(duck and goose) on designated areas of
the refuge in accordance with State
regulations subject to the following
conditions:
1. We consider all waterfowl and coot
hunting to be youth hunts. Youths, age
15 or younger, must accompany an
adult age 21 or older. The youth must
be capable of and must actively
participate in such hunt by the
possession and/or firing of a legal
weapon during such hunt for the
express purpose of harvesting game.
2. Each adult may supervise no more
than two youths, and no more than one
adult may supervise each youth during
the course of any hunt. Youth must
remain within normal voice contact of
the adult who is supervising them.
Adults accompanying youth on refuge
hunts may participate by hunting but
may not harvest more than their own
daily bag limit. Youth must harvest their
own bag limits.
3. We allow waterfowl (ducks, geese)
and coot hunting until 12 p.m. (noon)
on Thursday, Friday, Saturday, and
Sunday, including early teal season,
youth waterfowl hunt season, or other
such special seasons which may be
promulgated by law or statute. We shall
close the refuge to waterfowl and coot
hunting during any segment of goose
season that extends beyond the regular
duck season.
4. Hunters may not enter the refuge
prior to 4 a.m. on the day of the hunt
and must exit the refuge with all
equipment and materials (see § 27.93 of
this chapter) no later than 1 p.m.
5. We only allow hunting on those
portions of the refuge that lie outside of
the confines of the hurricane protection
levee system.
6. Specific State regulations apply
during the State Youth Waterfowl
Hunting Days (i.e., adults may not hunt),
except adults must be age 21 or older.
7. Hunters must possess and carry a
valid refuge hunt permit (signed
brochure).
8. We allow dogs only to locate, point,
and retrieve while hunting.
9. We allow only nontoxic shot while
hunting (see § 32.2(k)).
10. We prohibit hunting within 500
feet (150 m) of any residence or
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56071
structure adjacent to the refuge; and we
prohibit hunting within 200 feet (60 m)
of any road, railroad, levee, water
control structure, designated public use
trail, designated parking area, and other
designated public use facilities.
11. We require hunters to comply
with State regulations regarding the
completion of a Hunter Safety Course.
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 regulations (see § 27.42 of
this chapter and specific refuge
regulations in part 32).
13. We prohibit air-thrust boats,
aircraft, mud boats, and air-cooled
propulsion engines on the refuge.
14. We prohibit motorized vehicles on
all levees.
15. We prohibit any person or group
to act as a hunting/angling 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/angling on the refuge,
regardless of whether such payment is
for guiding, outfitting, lodging, or club
membership.
16. We prohibit the use of open fires.
17. We prohibit camping.
18. We prohibit target shooting on the
refuge.
19. We prohibit the use of any type of
material used as flagging or trail
markers, except bright eyes.
*
*
*
*
*
D. Sport Fishing. * * *
*
*
*
*
*
2. We allow sport fishing and shell
fishing year-round on designated areas
of the refuge and only after 12 p.m. in
the waterfowl hunting areas during the
State waterfowl hunting season. We
close the remainder of the refuge from
November 1 through January 31.
*
*
*
*
*
6. We prohibit feeding of any wildlife
within the refuge.
7. We prohibit all commercial
finfishing and shell fishing.
8. Conditions A12 through A19 apply.
*
*
*
*
*
Bayou Teche National Wildlife Refuge
A. Migratory Game Bird Hunting. We
allow hunting of migratory game birds
and waterfowl on designated areas of
the refuge in accordance with State
regulations subject to the following
conditions:
*
*
*
*
*
2. We prohibit hunting in and/or
shooting into or across any agricultural
field, roadway, or canal.
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3. An adult at least age 21 must
supervise youth hunters age 15 and
younger during all hunts. One adult
may supervise two youths during small
game hunts 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 parking, walking, or
hunting within 150 feet (45 m) of any
active oil well site, production facility,
or equipment. We also prohibit hunting
within 150 feet (45 m) of any public
road, refuge road, building, residence, or
designated public facility.
*
*
*
*
*
C. Big Game Hunting. * * *
*
*
*
*
*
2. We allow archery deer hunting
from the start of the State archery season
until January 31. Hunters may take deer
of either sex in accordance with Stateapproved archery equipment and
regulations. The State season limits
apply. The following units are open to
archery deer hunting: Centerville, Bayou
Sale, North Bend East, North Bend
West, and Garden City. We close refuge
archery hunting on those days that the
refuge deer gun hunts occur.
3. We allow hunting only in the
Centerville, Garden City, Bayou Sale,
North Bend East, and North Bend West
Units. We do not open the Bayou Sale
Unit for all big game firearm hunts.
*
*
*
*
*
Big Branch Marsh National Wildlife
Refuge
A. Migratory Game Bird Hunting. We
allow hunting of duck, coot, goose,
snipe, rail, gallinule, and woodcock on
designated areas of the refuge during the
State season for those species in
accordance with State regulations
subject to the following conditions:
*
*
*
*
*
7. An adult age 21 or older must
supervise youth hunters age 15 or
younger 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.
*
*
*
*
*
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B. Upland Game Hunting. * * *
1. We allow upland game hunting
during the open State season using only
approved nontoxic shot (see § 32.2(k))
size 4 or smaller or .17 or .22 caliber
rimfire rifles.
*
*
*
*
*
4. Conditions A5 through A10 and
A12 through A17 apply.
*
*
*
*
*
D. Sport Fishing. * * *
*
*
*
*
*
6. Conditions A6, A8, A9, and A13
(angling guides) through A17 apply.
*
*
*
*
*
Bogue Chitto National Wildlife Refuge
A. Migratory Game Bird Hunting.
* * *
*
*
*
*
*
6. An adult at least age 21 must
supervise youth hunters age 15 or
younger during all hunts. One adult
may supervise two youths during small
game hunts 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. We prohibit hunting in refugedesignated closed areas, which we post
on the refuge and identify in the refuge
hunt permits (see § 27.31 of this
chapter).
8. For the purpose of hunting, we
prohibit possession of slugs, buckshot,
rifle, or pistol ammunition unless
otherwise specified.
*
*
*
*
*
10. 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 to 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.
11. We prohibit horses, trail cameras,
and ATVs.
12. You may possess only approved
nontoxic shot while hunting on the
refuge (see § 32.2(k)).
13. We prohibit the use of any type of
material used as flagging or trail
markers, except bright eyes.
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14. We prohibit the use or possession
of alcohol while hunting (see § 32.2(j)).
15. 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)).
16. We prohibit target shooting on the
refuge.
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 (see § 27.42 of
this chapter and specific refuge
regulations in part 32).
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 allow use of dogs for rabbit,
squirrel, raccoon, and opossum on
specific dates listed in the refuge hunt
brochure.
2. 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.
3. We prohibit the take of feral hog
during any upland game hunts.
4. 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, primitive firearm, and
special temporary hog gun seasons. We
require hunters participating in dog
season for squirrels and rabbits to wear
a hunter-orange 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 (2,600 cm2) of hunter
orange above or around their blinds
which is visible from 360 degrees.
5. Conditions A5 through A17 apply,
except you may use .17- and .22-caliber
rifles, and the nontoxic shot in your
possession while hunting must be size
4 or smaller.
C. Big Game Hunting. * * *
1. Conditions A5 through A11, A13
through A17, B2, B4, and B5 (except
A12) apply.
*
*
*
*
*
3. We allow archery deer and hog
hunting during the open State deer
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archery season. You may take deer of
either sex in accordance with Stateapproved archery equipment and
regulations. The State season limits
apply.
*
*
*
*
*
8. You may take hog as incidental
game while participating in the refuge
archery, primitive weapon, and general
gun deer hunts except where specified
otherwise. We list specific dates for the
special hog hunts in January, February,
and March in the refuge hunt brochure.
During the special hog hunts in
February you must use trained hoghunting dogs to aid in the take of hog.
During the special hog hunts you may
take hog from 1⁄2 hour before legal
sunrise until 1⁄2 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. During the special temporary
experimental hog hunt in March, you
may use any legal firearm. A8 applies
during special hog hunts in February.
*
*
*
*
*
D. Sport Fishing. * * *
*
*
*
*
*
2. Conditions A9 and A11 apply.
*
*
*
*
*
Cameron Prairie National Wildlife
Refuge
A. Migratory Game Bird Hunting.
* * *
*
*
*
*
*
12. An adult at least age 21 must
supervise youth hunters age 15 or
younger during all hunts. One adult
may supervise two youths during
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. * * *
*
*
*
*
*
2. We allow only portable deer stands.
Hunters may place deer stands on the
refuge 1 day before the white-tail 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 at
ground level when not in use.
3. Conditions A3, A5 through A7, and
A9 through A12 apply.
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4. 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.
5. We prohibit entrance to the hunting
area earlier than 4 a.m. Hunters must
leave no later than 1 hour after legal
sunset.
6. We prohibit possession or
distribution of bait or hunting with the
aid of bait, including any grail, 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.
* * *
*
*
*
*
*
11. An adult at least age 21 must
supervise youth hunters age 15 or
younger 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.
*
*
*
*
*
Grand Cote National Wildlife Refuge
A. Migratory Game Bird Hunting.
* * *
*
*
*
*
*
4. Hunters may use shotguns and
possess only approved nontoxic shot for
hunting migratory game birds.
*
*
*
*
*
B. Upland Game Hunting. * * *
*
*
*
*
*
2. We allow the use of only shotguns
and rifles that are .22 magnum caliber
rimfire or less for upland game hunting.
You may possess only approved
nontoxic shot in shotguns while hunting
(see § 32.2(k)).
*
*
*
*
*
Lacassine National Wildlife Refuge
A. Migratory Game Bird Hunting.
* * *
*
*
*
*
*
14. An adult at least age 21 must
supervise youth hunters age 15 or
younger during all hunts. One adult
may supervise two youths during
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
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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. * * *
*
*
*
*
*
2. We allow 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 at ground level
when not in use.
3. Conditions A2 and A5 through A14
apply.
4. We prohibit entrance to the hunting
area earlier than 4 a.m. Hunters must
leave no later than 1 hour after legal
sunset.
5. We prohibit hunting in the
headquarters area along Nature Road
and along the Lacassine Pool Wildlife
Drive (see refuge map).
6. We allow boats of all motor types
with 40 hp or less in Lacassine Pool.
7. We prohibit boats in Lacassine Pool
and Unit D from October 16 through
March 14. We prohibit boats in Units A
and C.
8. 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)).
9. 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.
D. Sport Fishing. * * *
1. Conditions A6, A7, A10, A13
(fishing guide), C6, and C7 apply.
*
*
*
*
*
10. We prohibit boat and bank fishing
in Lacassine Pool, Unit D, Streeter’s
Area, and refuge waters from October 16
through March 14.
11. We prohibit all boat motors,
excluding trolling motors, in refuge
marshes outside Lacassine Pool. We
prohibit air-thrust boats, ATVs, and
UTVs (utility vehicle) on the refuge (see
§ 27.31(f) of this chapter) unless
otherwise allowed.
12. We prohibit all mechanized
equipment, including motorized boats,
within the designated wilderness area.
13. We allow fishing only with rod
and reel or pole and line in refuge
waters. We prohibit possession of any
other type of fishing gear, including
limb lines, gill nets, jug lines, yo-yos, or
trotlines.
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14. 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.
15. The daily limit of crabs is 5 dozen
(60) per boat or vehicle, regardless of the
number of people thereon.
16. Anglers must attend all lines, nets,
and bait and remove same from the
refuge when through fishing (see § 27.93
of this chapter).
17. 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.
18. We prohibit the taking of turtle
(see § 27.21 of this chapter).
*
*
*
*
*
Lake Ophelia National Wildlife Refuge
A. Migratory Game Bird Hunting.
* * *
*
*
*
*
*
2. Hunters may use shotguns and
possess only approved nontoxic shot for
hunting migratory game birds.
*
*
*
*
*
mstockstill on DSK4VPTVN1PROD with RULES2
Mandalay National Wildlife Refuge
A. Migratory Game Bird Hunting. We
allow hunting of duck, goose, moorhen,
gallinule, and coot in designated areas
of the refuge in accordance with State
regulations subject to the following
conditions:
*
*
*
*
*
3. An adult at least age 21 must
supervise youth hunters age 15 or under
during all hunts. One adult may
supervise two youths during small game
and migratory game bird hunts. An
adult 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.
4. All hunters must possess and carry
a signed hunt brochure (on the front
cover) while hunting on refuge. The
brochure is free and available on at the
refuge office or online at https://
www.fws.gov/boguechitto/. All hunters
must check-in and check out at a refuge
self-clearing check station. Each hunter
must list their name on the self-clearing
check station form (Migratory Bird Hunt
Report, FWS Form 3–2361) and deposit
the form at a refuge self-clearing check
station prior to hunting. Hunters must
report all game taken on the refuge
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Jkt 223001
when checking out by using the selfclearing check station form.
*
*
*
*
*
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 § 26.42 of
this chapter and specific refuge
regulations in part 32). Hunters may
only possess approved nontoxic shot
while hunting on the refuge (see
§ 32.2(k)).
*
*
*
*
*
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 prohibit target shooting on the
refuge.
10. 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.
11. We prohibit horses and ATVs.
12. We prohibit the use of any type of
material used as flagging or trail markers
except bright eyes (see § 27.94 of this
chapter).
*
*
*
*
*
C. Big Game Hunting. * * *
1. We open the refuge to hunting of
deer and hog only during the State
archery season, except prior to 12 p.m.
(noon) on Wednesdays and Saturdays
during State waterfowl seasons when
we close areas north of the Intracoastal
Waterway to hunting of big game.
*
*
*
*
*
4. We prohibit trail cameras.
5. We prohibit the use of deer decoys.
6. We only allow portable stands.
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 dogs and driving deer.
8. Conditions A3, A4, and A6 through
A12 apply.
D. Sport Fishing. * * *
*
*
*
*
*
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*
5. Conditions A6, A7, and A9 apply.
*
*
*
*
Red River National Wildlife Refuge
A. Migratory Game Bird Hunting.
* * *
*
*
*
*
*
10. Hunters may possess only
approved nontoxic shotgun ammunition
for hunting on the refuge (see § 32.2(k)).
*
*
*
*
*
Sabine National Wildlife Refuge
A. Migratory Game Bird Hunting.
* * *
*
*
*
*
*
16. An adult at least age 21 must
supervise youth hunters under age 16
during all hunts. One adult may
supervise two youths during migratory
game bird hunts but may supervise two
youths during migratory game 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 that would constitute a
violation of refuge regulations.
*
*
*
*
*
■ 14. Amend § 32.38 Maine by revising
paragraphs A.1., A.2., and C.3. under
Moosehorn National Wildlife Refuge to
read as follows:
§ 32.38
*
Maine.
*
*
*
*
Moosehorn National Wildlife Refuge
A. Migratory Game Bird Hunting.
* * *
1. We require every hunter to possess
and carry a personally signed Migratory
Bird Hunt Application (FWS Form 3–
2357). Permits and regulations are
available from the refuge in person
during normal business hours (8 a.m. to
4:30 p.m. Monday through Friday;
closed on holidays) or by contacting the
Project Leader at (207) 454–7161 or by
mail (Moosehorn National Wildlife
Refuge, 103 Headquarters Road, Baring,
Maine 04694).
2. You must annually complete a
Migratory Bird Hunt Report (FWS Form
3–2361) and submit it by mail or in
person at the refuge headquarters no
later than 2 weeks after the close of the
hunting season in March. If you do not
comply with this requirement, we may
suspend your future hunting privileges
on Moosehorn National Wildlife Refuge.
*
*
*
*
*
C. Big Game Hunting. * * *
*
*
*
*
*
3. We allow bear hunting during the
State Prescribed Season.
*
*
*
*
*
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15. Amend § 32.39 Maryland by
revising paragraphs A.1., A.9., A.9.iii.,
A.9.v., A.10.i., and A.11. through A.13.,
removing paragraph A.14., revising
paragraphs B.1. and B.3. through B.9.,
adding paragraph B.10., revising
paragraphs C.1., C.6., and C.9. through
C.15., adding paragraph C.16., revising
paragraphs D.1. through D.6., D.9.,
removing paragraph D.12., redesignating
paragraphs D.13. through D.19. as
paragraphs D.12. through D.18., and
revising newly redesignated paragraph
D.17.iii. under Patuxent Research
Refuge, to read as follows:
■
§ 32.39
*
*
Maryland.
*
*
*
mstockstill on DSK4VPTVN1PROD with RULES2
Patuxent Research Refuge
A. Migratory Game Bird Hunting.
* * *
1. We require a Refuge Hunt
Application (PRR Hunt Form #1). We
issue permits through our Cooperating
Association, Meade Natural Heritage
Association (MNHA), at the refuge
Hunting Control Station (HCS). MNHA
charges a fee for each permit. Contact
refuge headquarters for more
information.
*
*
*
*
*
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’’ and ‘‘Safety Zone’’ areas,
except:
*
*
*
*
*
iii. You may hunt waterfowl (goose/
duck) from any refuge permanent photo/
hunt blind.
*
*
*
*
*
v. You may hunt from the roadside for
waterfowl in the designated posted
portion of Wildlife Loop at Bailey
Marsh.
*
*
*
*
*
10. * * *
i. You must wear a solid-coloredfluorescent-hunter orange that must be
visible 360° while carrying-in and
carrying-out equipment (e.g., portable
blinds).
*
*
*
*
*
11. We allow the taking of only
Canada goose during the Canada goose
early resident season and late Canada
goose migratory Atlantic population
seasons.
12. We prohibit hunting of goose,
duck, and dove during the early deer
muzzleloader seasons that occur in
October and all deer firearms seasons
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including the Youth Firearms Deer
Hunts.
13. We require waterfowl hunters to
use retrieving dogs while hunting duck
and goose within 50 yards (45 m) of the
following impounded waters: Blue
Heron Pond, Lake Allen, New Marsh,
and Wood Duck Pond.
i. We require dogs to be under the
immediate control of their owner at all
times (see § 26.21(b) of this chapter).
ii. Law enforcement officers may seize
or dispatch dogs running loose or
unattended (see § 28.43 of this chapter).
B. Upland Game Hunting. * * *
1. Conditions A1 through A10i apply.
*
*
*
*
*
3. We prohibit hunting of upland
game during the deer muzzleloader and
firearms seasons, including the Youth
Firearms Deer Hunts.
4. We prohibit the use of dogs to hunt
upland game.
5. Spring turkey hunters are exempt
from wearing the hunter orange.
6. We allow the use of a bow and
arrow for turkey hunting.
7. We require turkey hunters to use
#4, #5, or #6 nontoxic shot or vertical
bows.
8. 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.
9. We require turkey hunters to show
proof they have attended a turkey clinic
sponsored by the National Wild Turkey
Federation.
10. We require turkey hunters to
pattern their weapons prior to hunting.
Contact refuge headquarters for more
information.
C. Big Game Hunting. * * *
1. Conditions A1 through A10i apply.
*
*
*
*
*
6. We require bow hunters to wear a
minimum of 250 square inches (1,625
cm2) of fluorescent orange when moving
to and from the deer stand or their
hunting spot and while tracking or
dragging out their deer. We do not
require bow hunters to wear solidcolored-fluorescent hunter orange when
positioned to hunt except during the
North Tract Youth Firearms Deer Hunts,
the muzzleloader seasons, and the
firearms seasons, when they must wear
it at all times.
*
*
*
*
*
9. You must use portable tree stands
that are at least 10 feet (3 m) off the
ground and equipped with a full-body
safety harness while hunting at Schafer
Farm, Central Tract, and South Tract.
You must wear the full-body safety
harness while in the tree stand. We will
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56075
make limited accommodations for
disabled hunters for Central Tract
lottery hunts.
10. We allow the use of ground blinds
on North Tract only.
11. We prohibit the use of dogs to
hunt or track wounded bear.
12. If you wish to track wounded deer
beyond 11⁄2 hours after legal sunset, you
must gain consent from a refuge law
enforcement officer. We prohibit
tracking 21⁄2 hours after legal sunset.
You must make a reasonable effort to
retrieve the wounded deer. This may
include next-day tracking except
Sundays and Federal holidays.
13. We prohibit deer drives or anyone
taking part in any deer drive. We define
a ‘‘deer drive’’ as an organized or
planned effort to pursue, drive chase, or
otherwise frighten or cause deer to move
in the direction of any person or persons
who are part of the organized or
planned hunt and known to be waiting
for the deer. We also prohibit organized
deer drives without a standing hunter.
14. North Tract: We allow shotgun,
muzzleloader, and bow hunting in
accordance with the following:
Conditions C1 through C13 apply.
15. Central Tract: Headquarters/MR
Lottery Hunt: We only allow shotgun
and bow hunting in accordance with the
following: Conditions C1 through C13
apply (except C3i).
16. South Tract: We allow shotgun,
muzzleloader, and bow hunting in
accordance with the following:
i. Conditions C1 through C13 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. * * *
1. We require all anglers, age 16 and
older, to present their current Maryland
State fishing license and complete the
Fishing/Shrimping/Crabbing
Application (FWS Form 3–2358).
Anglers age 18 and older will receive a
free Patuxent Research Refuge Fishing
Vehicle Parking Pass. Organized groups
must complete the Fishing/Shrimping/
Crabbing Application (FWS Form 3–
2358), and the group leader must stay
with the group at all times while
fishing.
2. We publish the Refuge Fishing
Regulations, which includes the daily
and yearly creel limits and fishing dates,
in early January. We provide a copy of
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Federal Register / Vol. 76, No. 175 / Friday, September 9, 2011 / Rules and Regulations
the regulations with your free Fishing
Vehicle Parking Pass, and we require
you to know the specific fishing
regulations.
3. Anglers must carry a copy of their
Maryland State fishing license in the
field.
4. Anglers must display a copy of the
Fishing Vehicle Parking Pass in the
vehicle windshield.
5. We require anglers, age 17 or
younger, to have a parent or guardian
cosign the Fishing/Shrimping/Crabbing
Application (FWS Form 3–2358). We
will not issue a Fishing Vehicle Parking
Pass to anglers age 17 or younger.
6. An adult age 21 or older possessing
a Fishing Vehicle Parking Pass must
accompany anglers age 17 or younger,
and they must maintain visual contact
with each other within a 50-yard (45 m)
distance.
*
*
*
*
*
9. Anglers may take three youths, age
15 or younger, to fish under their
Fishing Vehicle Parking Pass and in
their presence and control.
*
*
*
*
*
17. * * *
*
*
*
*
*
iii. Anglers age 18 and older must
complete an Emergency Contact
Information/warning/waiver form
(North Tract Warning PRR Hunt Form
#2) prior to receiving a free North Tract
Vehicle Access Pass. Anglers must
display the North Tract Vehicle Access
Pass in the vehicle windshield at all
times and return the Pass to the North
Tract Visitor Contact Station at the end
of each visit.
*
*
*
*
*
■ 16. Amend § 32.40 Massachusetts by:
■ a. Revising paragraphs A.2., A.4., A.8.,
and A9., adding paragraphs A.12. and
A.13., revising paragraph B.,
redesignating paragraphs C.4. through
C.10. as paragraphs C.5. through C.11.,
adding a new paragraph C.4., revising
newly redesignated paragraphs C.5. and
C.10., removing newly redesignated
paragraph C.11., revising paragraphs
D.6. and D.7., and removing paragraph
D.9. under Assabet River National
Wildlife Refuge;
■ b. Revising paragraphs A.1., A.4., A.5.,
A.9., and A.10., adding paragraph A.13.,
and revising paragraphs C.3., C.4. and
C.9. under Great Meadows National
Wildlife Refuge; and
■ c. Revising paragraphs A.3., A.6.,
A.10., and A.11., adding paragraph
A.14., revising paragraphs B.2., B.4.,
C.4., C.5., and C.10., removing
paragraph C.11., and revising the
introductory text of paragraph D. under
Oxbow National Wildlife Refuge.
VerDate Mar<15>2010
17:04 Sep 08, 2011
Jkt 223001
The additions and revisions read as
follows:
§ 32.40
*
*
Massachusetts.
*
*
*
Assabet River National Wildlife Refuge
A. Migratory Game Bird Hunting.
* * *
*
*
*
*
*
2. We require a Migratory Bird Hunt
Application (FWS Form 3–2357). We
limit the number of migratory game bird
hunters allowed to hunt on the refuge.
If the number of applications received is
greater than the number of permits
available, we will issue permits by
random selection.
*
*
*
*
*
4. We prohibit use of motorized
vehicles on the refuge. The refuge will
provide designated parking areas for
hunters. Hunters must display issued
hunter parking permits (generated from
the Migratory Bird Hunt Application,
FWS Form 3–2357) on their dashboards
when parked in designated refuge
parking areas.
*
*
*
*
*
8. We prohibit marking any tree or
other refuge feature with flagging, paint,
or any other substance. Hunters may use
reflective tacks, which we require
hunters to remove by the end of their
permitted season.
9. You may begin scouting hunting
areas on Sundays only beginning 1
month prior to the opening day of your
permitted season. We require possession
of refuge permits (Migratory Bird Hunt
Application, FWS Form 3–2357) while
scouting.
*
*
*
*
*
12. One nonhunting companion may
accompany each permitted hunter. We
prohibit nonhunting companions from
hunting, but they may assist in other
means. All companions must carry
identification and stay close enough to
the hunter to speak to them without
raising their voice.
13. We prohibit construction or use of
any permanent structure while hunting
on the refuge. Hunters must remove all
temporary blinds each day (see §§ 27.93
and 27.94 of this chapter).
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. We allow shotgun hunting for
ruffed grouse, cottontail rabbit, and gray
squirrel within those portions of the
refuge located north of Hudson Road,
except those areas north of Hudson
Road designated as ‘‘archery only’’
hunting on the current refuge hunting
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map. These archery only hunting areas
north of Hudson Road are those portions
of the refuge that are external to Patrol
Road from its southern intersection with
White Pond Road, northwest and then
east, to its intersection with Old
Marlborough Road.
2. We require a Big/Upland Game
Hunt Application (FWS Form 3–2356).
We limit the number of upland game
hunters allowed to hunt on the refuge.
If the number of applications received is
greater than the number of permits
available, we will issue permits by
random selection.
3. Conditions A3, A4, A6 through A13
apply.
4. You may possess only approved
nontoxic shot while in the field (see
§ 32.2(k)).
5. During seasons when it is legal to
hunt deer with a shotgun or
muzzleloader, we require all hunters,
including archers and small game
hunters, to wear a minimum of 500
square inches (3,250 cm2) of solidorange clothing or material in a
conspicuous manner on their chest,
back, and head. During all other times,
if you are hunting ruffed grouse,
squirrel, or cottontail rabbit on the
refuge, you must wear a minimum of a
solid-orange hat.
C. Big Game Hunting. * * *
*
*
*
*
*
4. We require a Big/Upland Game
Hunt Application (FWS Form 3–2356).
We limit the number of big game
hunters allowed to hunt on the refuge.
If the number of applications received is
greater than the number of permits
available, we will issue permits by
random selection.
5. Conditions A3, A4, A6 through
A10, and A12 apply.
*
*
*
*
*
10. You may use temporary tree
stands and/or ground blinds while
engaged in hunting deer during the
applicable archery, shotgun, or
muzzleloader deer seasons or while
hunting turkey. We allow hunters to
keep one tree stand or ground blind on
each refuge during the permitted season.
Hunters must mark ground blinds with
the hunter’s permit number. Hunters
must mark tree stands with the hunter’s
permit number in such a fashion that all
numbers are visible from the ground.
Hunters must remove all temporary tree
stands and ground blinds by the 15th
day after the end of the hunter’s
permitted season.
D. Sport Fishing. * * *
*
*
*
*
*
6. We allow fishing on Puffer Pond
from legal sunrise to legal sunset.
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7. We prohibit ice fishing on the
refuge.
*
*
*
*
*
mstockstill on DSK4VPTVN1PROD with RULES2
Great Meadows National Wildlife
Refuge
A. Migratory Game Bird Hunting.
* * *
1. We require refuge permits
(information taken from OMB-approved
form). We limit the number of waterfowl
hunters allowed to hunt on the refuge.
If the number of applications received to
hunt waterfowl is greater than the
number of permits available, we will
issue permits by random selection.
*
*
*
*
*
4. We prohibit construction or use of
any permanent structure while hunting
on the refuge. You must remove all
temporary blinds each day (see §§ 27.93
and 27.94 of this chapter).
5. We prohibit use of motorized
vehicles on the refuge. The refuge will
provide designated parking areas for
hunters. Hunters must display parking
permits (information taken from OMBapproved forms) on the dashboard when
parked in designated refuge parking
areas.
*
*
*
*
*
9. We prohibit marking any tree or
other refuge feature with flagging, paint,
or any other substance. Hunters may use
reflective tacks which they must remove
by the end of the hunter’s permitted
season (see § 27.93 of this chapter).
10. You may begin scouting hunting
areas on Sundays only beginning 1
month prior to the opening day of your
permitted season. We require possession
of refuge permits (information taken
from OMB-approved forms) while
scouting. We prohibit the use of dogs
during scouting.
*
*
*
*
*
13. We allow one nonhunting
companion to accompany each
permitted hunter. We prohibit
nonhunting companions from hunting,
but they can assist in other means. All
companions must carry identification
and stay close enough to the hunter to
speak to them without raising their
voice.
*
*
*
*
*
C. Big Game Hunting. * * *
*
*
*
*
*
3. We require refuge permits
(information taken from OMB-approved
forms). We limit the number of deer
hunters allowed to hunt on the refuge.
If the number of applications received to
hunt deer on the refuge is greater than
the number of permits available, we will
issue permits by random selection.
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4. Conditions A3, A5, A7 through
A11, and A13 apply.
*
*
*
*
*
9. You may use temporary tree stands
and/or ground blinds while engaged in
hunting deer during the applicable
archery season. We allow hunters to
keep one tree stand or ground blind on
each refuge during the permitted season.
Hunters must mark ground blinds with
their permit number. Hunters must
mark tree stands with their permit
number in such a fashion that all
numbers are visible from the ground.
Hunters must remove all temporary tree
stands and ground blinds by the 15th
day after the end of the permitted deer
season (see § 27.93 of this chapter).
*
*
*
*
*
Oxbow National Wildlife Refuge
A. Migratory Game Bird Hunting.
* * *
*
*
*
*
*
3. We require refuge permits
(information taken from OMB-approved
forms). We limit the number of
waterfowl hunters allowed to hunt on
the refuge. If the number of applications
received to hunt waterfowl is greater
than the number of permits available,
we will issue permits by random
selection.
*
*
*
*
*
6. We prohibit use of motorized
vehicles on the refuge. The refuge will
provide designated parking areas for
hunters. Hunters must display issued
hunter parking permits (information
taken from OMB-approved forms) on the
dashboard when parked in designated
refuge parking areas.
*
*
*
*
*
10. We prohibit marking any tree or
other refuge feature with flagging, paint,
or any other substance. Hunters may use
reflective tacks and must remove them
by the end of the hunter’s permitted
season (see § 27.93 of this chapter).
11. You may begin scouting hunting
areas on Sundays only beginning 1
month prior to the opening day of your
permitted season. We require possession
of refuge permits while scouting. We
prohibit the use of dogs during scouting.
*
*
*
*
*
14. One nonhunting companion may
accompany each permitted hunter. We
prohibit nonhunting companions from
hunting, but they can assist in other
means. All companions must carry
identification and stay close enough to
the hunter to speak to them without
raising their voice.
B. Upland Game Hunting. * * *
*
*
*
*
*
2. We require a Big/Upland Game
Hunt Application (FWS Form 3–2356).
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56077
We limit the number of upland game
hunters allowed to hunt on the refuge.
If the number of applications received to
hunt upland game is greater than the
number of permits available, we will
issue permits by random selection.
*
*
*
*
*
4. Conditions A4 through A6 and A8
through A14 apply.
*
*
*
*
*
C. Big Game Hunting. * * *
*
*
*
*
*
4. We require refuge permits
(information taken from OMB-approved
form). We limit the number of deer and
turkey hunters allowed to hunt on the
refuge. If the number of applications
received to hunt those species is greater
than the number of permits available,
we will issue permits by random
selection.
5. Conditions A4, A6, A8 through
A12, and A14 apply.
*
*
*
*
*
10. You may use temporary tree
stands and/or ground blinds while
engaged in hunting deer during the
applicable archery, shotgun, or
muzzleloader deer seasons or while
hunting turkey. We allow hunters to
keep one tree stand or ground blind on
each refuge during the permitted season.
Hunters must mark ground blinds with
their permit number. Hunters must
mark tree stands with their permit
number in such a fashion that all
numbers are visible from the ground.
Hunters must remove all temporary tree
stands and ground blinds by the 15th
day after the end of the permitted
season.
D. Sport Fishing. We allow sport
fishing along the Nashua River in
accordance with State regulations.
*
*
*
*
*
■ 17. Amend § 32.42 Minnesota by:
■ a. Adding an entry for Crane Meadows
National Wildlife Refuge;
■ b. Revising introductory paragraphs
A., B., and C. under Litchfield Wetland
Management District;
■ c. Adding paragraphs B.5. and D.4.
under Minnesota Valley National
Wildlife Refuge;
■ d. Revising the introductory text of
paragraphs A. and B., revising
paragraph B.4., and removing
paragraphs B.5., B.6., and C.3. under
Northern Tallgrass Prairie National
Wildlife Refuge; and
■ e. Revising paragraph A.5., revising
the introductory text of paragraph C.,
revising paragraphs C.1. through C.6.,
and adding paragraph C.7. under
Sherburne National Wildlife Refuge.
The additions and revisions read as
follows:
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§ 32.42
*
*
Federal Register / Vol. 76, No. 175 / Friday, September 9, 2011 / Rules and Regulations
Minnesota.
*
*
*
Crane Meadows National Wildlife
Refuge
A. Migratory Game Bird Hunting.
[Reserved]
B. Upland Game Hunting. [Reserved]
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 archery deer hunting for
youth hunters and firearms deer hunting
for persons with disabilities.
2. We allow turkey hunting for youth
hunters and persons with disabilities
during the State spring turkey season.
3. We prohibit the construction or use
of permanent blinds, platforms, or
ladders (see § 27.93 of this chapter).
4. Hunters must remove all stands
from the refuge at the end of each day’s
hunt.
5. Hunters must dismantle hunting
blinds, platforms, and ladders made
from natural vegetation at the end of
each day.
6. We prohibit the possession of
hunting firearms or archery equipment
on areas closed to white-tailed deer or
turkey hunting.
7. We prohibit deer pushes or deer
drives in the areas closed to deer
hunting.
8. We prohibit entry to hunting areas
earlier than 2 hours before legal
shooting hours (1⁄2 hour before legal
sunrise).
9. We prohibit camping.
10. Turkey hunters may possess only
approved nontoxic shot while in the
field.
11. Hunters must unload, case, and
break down hunting weapons when
transporting them on refuge roads.
D. Sport Fishing. [Reserved]
*
*
*
*
*
mstockstill on DSK4VPTVN1PROD with RULES2
Litchfield Wetland Management
District
A. Migratory Game Bird Hunting. We
allow hunting of migratory game birds
throughout the district except we
prohibit hunting on that part of the
Phare Lake Waterfowl Production Area
in Renville County that lies within the
Phare Lake State Game Refuge. All
hunting is in accordance with State
regulations subject to the following
conditions:
*
*
*
*
*
B. Upland Game Hunting. We allow
upland game hunting throughout the
district except we prohibit hunting on
that part of the Phare Lake Waterfowl
Production Area in Renville County that
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Jkt 223001
lies within the Phare Lake State Game
Refuge. All hunting is in accordance
with State regulations subject to the
following condition: Conditions A4 and
A5 apply.
C. Big Game Hunting. We allow big
game hunting throughout the district
except we prohibit hunting on that part
of the Phare Lake Waterfowl Production
Area in Renville County that lies within
the Phare Lake State Game Refuge. All
hunting is in accordance with State
regulations subject to the following
conditions:
*
*
*
*
*
Minnesota Valley National Wildlife
Refuge
*
*
*
*
*
B. Upland Game Hunting. * * *
*
*
*
*
*
5. Condition A7 applies.
*
*
*
*
*
D. Sport Fishing * * *
*
*
*
*
*
4. We prohibit taking of any turtle
species by any method.
*
*
*
*
*
Northern Tallgrass Prairie National
Wildlife Refuge
A. Migratory Game Bird Hunting. We
allow hunting of duck, goose,
merganser, moorhen, coot, rail (Virginia
and sora only), woodcock, common
snipe, and mourning dove in
accordance with State regulations
subject to the following conditions:
*
*
*
*
*
B. Upland Game Hunting. We allow
hunting of ring-necked pheasant,
Hungarian partridge, rabbit (cottontail
and jack), snowshoe hare, squirrel (fox
and gray), raccoon, opossum, fox (red
and gray), badger, coyote, striped skunk,
and crow on designated areas of the
refuge in accordance with State
regulations subject to the following
conditions:
*
*
*
*
*
4. Conditions A7 and A8 apply.
*
*
*
*
*
Sherburne National Wildlife Refuge
A. Migratory Game Bird Hunting.
* * *
*
*
*
*
*
5. We prohibit hunting during the
State Special Goose Hunt.
*
*
*
*
*
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 turkey hunting for youth
hunters and persons with disabilities
during the State spring turkey season.
PO 00000
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Fmt 4701
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2. We prohibit the construction or use
of permanent blinds, platforms, or
ladders.
3. Hunters must remove all stands
from the refuge at the end of each day’s
hunt (see § 27.93 of this chapter).
4. Hunters must dismantle hunting
blinds, platforms, and ladders made
from natural vegetation at the end of
each day.
5. We prohibit the possession of
hunting firearms or archery equipment
on areas closed to white-tailed deer and
turkey hunting.
6. We prohibit deer pushes or deer
drives in the areas closed to deer
hunting.
7. Conditions A4 and A7 apply.
*
*
*
*
*
■ 18. Amend § 32.43 Mississippi by:
■ a. Revising the Coldwater National
Wildlife Refuge heading and paragraphs
A., B., and C. under it; and
■ b. Revising paragraph D.9. under
Noxubee National Wildlife Refuge.
The revisions read as follows:
§ 32.43
*
Mississippi.
*
*
*
*
Coldwater River National Wildlife
Refuge
A. Migratory Game Bird Hunting. We
allow hunting of migratory waterfowl
and coot on designated areas of the
refuge in accordance with State
regulations subject to the following
conditions:
1. Youth hunters age 15 and younger
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. Hunters born after January 1,
1972, also must carry a Hunter
Education Safety course card or
certificate. All hunters age 16 and older
must possess and carry a valid, signed
refuge hunting permit (name and
address), certifying that he or she
understands and will comply with all
regulations. Hunters may obtain permits
at the North Mississippi Refuges
Complex Headquarters, 2776 Sunset
Drive, Grenada, MS 38901 or by mail
from the above address.
2. We restrict all public use to 2 hours
before legal sunrise to 2 hours after legal
sunset. We prohibit entering or
remaining on the refuge before or after
hours.
3. We allow hunting of migratory
game birds only on Wednesdays,
Fridays, Saturdays, and Sundays from
1⁄2 hour before legal sunrise and ending
at 12 p.m. (noon). Hunters must remove
all decoys, blind material (see § 27.93 of
this chapter), litter (see § 27.94 of this
chapter), and harvested waterfowl from
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Federal Register / Vol. 76, No. 175 / Friday, September 9, 2011 / Rules and Regulations
the area no later than 1 p.m. each day.
After duck, merganser, and coot season
closes, we allow hunting of goose in
accordance with the Light Goose
Conservation Order daily beginning 1⁄2
hour before legal sunrise and ending at
legal sunset.
4. Each hunter must obtain a
Migratory Bird Harvest Report Card
(FWS Form 3–2361) available at each
refuge information station and follow
the printed instructions on the form.
You must display the form in plain view
on the dashboard of your vehicle so that
the personal information is readable.
Prior to leaving the refuge, you must
complete the reverse side of the form
and deposit it at one of the refuge
information stations. Include all game
harvested, and if you harvest no game,
report ‘‘0.’’
5. We may close certain areas of the
refuge for sanctuary or administrative
purposes. We will mark such areas with
‘‘No Hunting’’ or ‘‘Area Closed’’ signs.
6. Waterfowl hunters may leave boats
meeting all State registration
requirements on refuge water bodies
throughout the waterfowl season. You
must remove boats (see § 27.93 of this
chapter) within 72 hours after the
season closes.
7. We restrict motor vehicle use to
roads designated as vehicle access roads
on the refuge map (see § 27.31 of this
chapter). We prohibit blocking access to
any road or trail entering the refuge (see
§ 27.31(h) of this chapter).
8. All hunters or persons on the refuge
for any reason while in the field during
any open refuge hunting season must
wear a minimum of 500 square inches
(3,250 cm 2) of visible, unbroken,
fluorescent-orange-colored material
above the waistline. The only exception
to this is waterfowl hunters who may
remove the fluorescent-orange material
once positioned to hunt. Waterfowl
hunters must comply while walking/
boating to and from the actual hunting
area.
9. We allow dogs on the refuge only
when specifically authorized for
hunting. We encourage the use of dogs
to retrieve dead or wounded waterfowl.
Dogs must remain in the immediate
control of their handlers at all times (see
§ 26.21(b) of this chapter).
10. We prohibit cutting or removing
trees and other vegetation (see § 27.51 of
this chapter). We prohibit the use of
flagging, paint, blazes, tacks, or other
types of markers.
11. We prohibit ATVs (see § 27.31(f)
of this chapter), horses, and mules on
the refuge.
B. Upland Game Hunting. We allow
hunting of squirrel, rabbit, nutria, and
raccoon on designated areas of the
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refuge in accordance with State
regulations subject to the following
conditions:
1. Conditions A1, A4 (substitute
Upland/Small Game/Furbearer Report
[FWS Form 3–2362] for Migratory Bird
Hunt Report), A5, A7, A10, and A11
apply.
2. We restrict all public use to 2 hours
before legal sunrise and to 2 hours after
legal sunset. We prohibit entering or
remaining on the refuge before or after
hours. We may make exceptions for
raccoon hunters possessing a Special
Use Permit (FWS Form 3–1383). Contact
the refuge office for details.
3. When hunting, we allow only
shotguns with approved nontoxic shot
(see § 32.2(k)), .17 or .22-caliber rimfire
rifles, or archery equipment without
broadheads.
4. All hunters or persons on the refuge
for any reason during any open-refuge
hunting season must wear a minimum
of 500 square inches (3,250 cm 2) of
visible, unbroken, fluorescent-orangecolored material above the waistline.
5. We allow dogs on the refuge only
when specifically authorized for
hunting. Dogs must remain in the
immediate control of their handlers at
all times (see § 26.21(b) of this chapter).
Consult the refuge hunting brochure for
specific seasons.
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, A2, A4 (substitute
Big Game Harvest Report [FWS Form 3–
2359] for Migratory Bird Hunt Report),
A5, A7, A11, and B4 apply.
2. We prohibit dogs while hunting
deer. Hunters may only use dogs to hunt
hog during designated hog seasons.
3. We prohibit use or possession of
any drug or device for employing such
drug for hunting (see § 32.2(g)).
4. We prohibit drives for deer.
5. We prohibit hunting or shooting
across any open, fallow, or planted field
from ground level or on or across any
public road, public highway, railroad, or
their rights-of-way during all general
gun and primitive weapon hunts.
6. Hunters may erect portable deer
stands 2 weeks prior to the opening of
archery season on the refuge and must
remove them (see § 27.93 of this
chapter) by January 31. We prohibit the
use of flagging, paint, blazes, tacks, or
other types of markers.
*
*
*
*
*
56079
9. We require anglers to possess and
carry a signed, no-cost, refuge hunting,
fishing, and public use permit (signed
brochure) when fishing on the refuge.
*
*
*
*
*
■ 19. Amend § 32.44 Missouri by:
■ a. Revising paragraphs B. and C. under
Big Muddy National Wildlife Refuge;
and
■ b. Revising paragraphs A., C., and D.
under Swan Lake National Wildlife
Refuge.
The revisions read as follows:
§ 32.44
*
Missouri.
*
*
*
*
Big Muddy National Wildlife Refuge
Noxubee National Wildlife Refuge
*
*
*
*
B. Upland Game Hunting. We allow
upland game hunting on designated
areas of the refuge in accordance with
State regulations subject to the
following conditions:
1. You may possess only approved
nontoxic shot (see § 32.2(k)).
2. We allow upland game hunting on
the 131-acre mainland unit of Boone’s
Crossing with archery methods only. On
Johnson Island, we allow hunting of
game animals during Statewide seasons
using archery methods or shotguns
using shot no larger than BB.
3. We allow upland game hunting on
the Cora Island Unit only to shotguns
with shot no larger than BB.
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. We prohibit the construction or use
of permanent blinds, platforms, or
ladders at any time.
2. We prohibit hunting over or placing
on the refuge any salt or other mineral
blocks (see § 32.2(h)).
3. We allow only portable tree stands
from September 1 through January 31.
Hunters must place their full name and
address on their stands.
4. We restrict deer hunters on the
Boone’s Crossing Unit, including
Johnson Island, to archery methods
only.
5. The Cora Island Unit is open to
deer hunting for archery methods only.
6. We prohibit trapping on all areas of
the refuge.
7. You may possess only approved
nontoxic shot while hunting on the
refuge; this includes turkey hunting (see
§ 32.2(k)).
*
*
*
*
*
*
Swan Lake National Wildlife Refuge
*
*
*
*
D. Sport Fishing. * * *
*
*
*
*
*
PO 00000
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*
A. Migratory Game Bird Hunting. We
allow hunting of goose on designated
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56080
Federal Register / Vol. 76, No. 175 / Friday, September 9, 2011 / Rules and Regulations
areas of the refuge in accordance with
State regulations subject to the
following conditions:
1. We require Missouri Department of
Conservation ‘‘Green Card’’ permits
while hunting on the refuge in addition
to all other required Federal and State
license, stamps, and permits.
2. Hunters must check-in and out at
the Refuge Hunter Check Station (use
Missouri Department of Conservation
form) before and after hunting.
3. Goose hunting is open only on
Wednesdays, Fridays, Saturdays,
Sundays, and all Federal holidays
during the late goose season. We close
to goose hunting during the refugemanaged deer hunts.
4. Hunting hours end at 1 p.m. on
Units S1, S2, S3, T1, T3, V1, W1, and
W2. Hunters using these units must
have all equipment removed and be out
of the units by 1 p.m. (see § 27.93 of this
chapter).
5. We allow snow goose hunting in all
units every day of the week during the
designated Spring Conservation Order
Season. Hunters may not check-in
before 4 a.m. during the Conservation
Order Season and must be off of the
refuge by closing hours.
6. Hunters may hunt only in the
designated areas they are assigned at the
check station. We restrict hunters in
Units A7, R1, and R4 to hunting from
the permanent blinds. Hunters may
hunt anywhere in all other units inside
the designated unit by the use of
temporary blinds or layout boats.
7. We allow game retrieval outside of
designated hunting areas. We prohibit
possession of hunting firearms while
outside of the designated area except for
going to and from parking areas.
8. We require that hunters leash or
kennel hunting dogs when outside the
hunting unit.
9. We restrict hunting units to parties
no larger than four.
10. We prohibit driving vehicles into
units. We allow hand-pulled carts.
Hunters must park vehicles in
designated parking areas for the unit to
which they are assigned for hunting.
11. We prohibit cutting of woody
vegetation (see § 27.51 of this chapter)
on the refuge for blinds.
*
*
*
*
*
C. Big Game Hunting. We allow
hunting of deer on designated areas of
the refuge in accordance with State
regulations subject to the following
conditions:
1. We require a Missouri Department
of Conservation Permit, along with
Missouri Department of Conservation
hunter identification tags and parking
permits to hunt during the managed
deer hunt.
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2. We require hunters to participate in
a prehunt orientation for managed deer
hunts.
3. You must check-in each morning
and out each evening of the hunt at the
Refuge Hunter Check Station (use
Missouri Department of Conservation
form).
4. You may not access the refuge
across the boundary from neighboring
private or public lands, and you must
hunt in your designated area only.
5. We allow entry onto the refuge 1
hour prior to shooting hours (defined by
State regulations) during managed deer
hunts. You must be off the refuge 1 hour
after shooting hours.
6. We prohibit shooting from or across
refuge roads open to public vehicle use.
7. We allow use of portable tree
stands and blinds during managed deer
hunts. We require all stands and blinds
to have the hunter’s name, address, and
phone number attached. Hunters must
mark enclosed hunting blinds and
stands with hunter orange visible from
all sides.
8. We prohibit hunting over or placing
on the refuge any salt or other mineral
blocks (see § 32.2(h)).
D. Sport Fishing. We allow sport
fishing on all designated areas of the
refuge in accordance with State
regulations subject to the following
conditions:
1. We allow fishing on the refuge only
during refuge open hours.
2. The Taylor Point area of Elk Creek
is open to fishing year-round during
daylight hours. Anglers may access this
area by a refuge road (FHWA Route 100)
off of State Highway E. The area open
to fishing year-round is 300 feet (90 m)
upstream and 300 feet downstream of
the parking lot along the banks of Elk
Creek. In addition, Elk Creek is open to
fishing year-round 300 feet downstream
and upstream from the bridge on State
Highway E. We close all fishing during
the refuge-managed deer hunts.
3. We allow only nonmotorized boats
on refuge waters with the exception of
the Silver Lake impoundment. Anglers
may use motor boats on the Silver Lake
impoundment. No wake applies to all
waters on the refuge.
4. Anglers must remove all boats from
the refuge at the end of each day (see
§ 27.93 of this chapter).
*
*
*
*
*
■ 20. Amend § 32.46 Nebraska by
revising paragraph A.1., the
introductory text of paragraph C., and
paragraphs D.2. through D.5., and
adding paragraphs D.6. and D.7. under
Boyer Chute to read as follows:
§ 32.46
*
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*
Frm 00028
*
Fmt 4701
A. Migratory Game Bird Hunting.
* * *
1. Hunters may access the refuge from
1c hours before legal sunrise until 1
hour after legal sunset along the
immediate shoreline and including the
high bank of the Missouri River. You
may access the hunting area by water or,
if by land, only within the public use
area of the Island Unit.
*
*
*
*
*
C. Big Game Hunting. We allow
hunting of white-tailed deer in
accordance with State regulations
subject to the following condition: You
must possess and carry a refuge access
permit (signed brochure) at all times
while in the hunting area. Hunters may
enter the hunting areas only within the
dates listed on the refuge access permit.
D. Sport Fishing. * * *
*
*
*
*
*
2. We allow boating at no-wake
speeds, not to exceed 5 mph (8 km), on
side or back channels. We prohibit all
watercraft in the Boyer Chute waterway
or other areas as posted.
3. We prohibit the use of trotlines,
float lines, bank lines, or setlines.
4. We prohibit ice fishing.
5. We prohibit digging or seining for
bait.
6. We prohibit the take or possession
of turtles or frogs.
7. Anglers may use no more than two
lines and two hooks per line.
*
*
*
*
*
■ 21. Amend § 32.47 Nevada by revising
paragraphs A.2. and D.1. under Sheldon
National Wildlife Refuge to read as
follows:
§ 32.47
*
Nevada.
*
*
Sfmt 4700
*
*
*
Sheldon National Wildlife Refuge
A. Migratory Game Bird Hunting.
* * *
*
*
*
*
*
2. We only allow nonmotorized boats
or boats with electric motors.
*
*
*
*
*
D. Sport Fishing. * * *
1. We only allow nonmotorized boats
or boats with electric motors.
*
*
*
*
*
■ 22. Amend § 32.50 New Mexico by
revising paragraphs C.5., C.8., C.9.,
C.10., C.14., and C.15. under Bosque del
Apache National Wildlife Refuge to read
as follows:
§ 32.50
Nebraska.
*
Boyer Chute National Wildlife Refuge
*
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Bosque del Apache National Wildlife
Refuge
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*
*
*
*
*
C. Big Game Hunting. * * *
*
*
*
*
*
5. We prohibit hunting from a vehicle.
*
*
*
*
*
8. We allow bearded Rio Grande
turkey hunting for youth in two areas of
the refuge: The north hunting area and
the south hunting area. We provide
maps with the refuge permit (Big/
Upland Game Hunt Application, FWS
Form 3–2356), which each hunter must
carry, that show these areas in detail.
9. Drawn hunters must possess and
carry their selection letter/permit (Big/
Upland Game Hunt Application, FWS
Form 3–2356) for hunting of bearded
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 bearded Rio
Grande turkey for youth hunters only on
dates determined by refuge staff. Drawn
hunters must report to refuge
headquarters by 4:45 a.m. each hunt
day. Legal hunting hours run from c
hour before legal sunrise to c hour after
legal sunset.
*
*
*
*
*
14. We allow the use of temporary
ground blinds only 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.
15. We allow youth hunters only one
legally harvested bearded Rio Grande
turkey per hunt.
*
*
*
*
*
■ 23. Amend § 32.52 North Carolina by:
■ a. Adding paragraphs A.6. and A.7.
under Cedar Island National Wildlife
Refuge;
■ b. Removing paragraph A.5. and
redesignating paragraph A.6. as A.5.,
and revising paragraph C. under
Currituck National Wildlife Refuge;
■ c. Revising paragraphs C.1. and D.1.
under Mackay Island National Wildlife
Refuge;
■ d. Revising paragraph A.1., removing
paragraph A.10., redesignating
paragraphs A.11. and A.12. as
paragraphs A.10. and A.11. and revising
newly redesignated paragraphs A.10.
and A.11., revising paragraphs C.1., C.4.,
and C.8., adding paragraphs C.11.
through C.13., revising the introductory
text of paragraph D.1., and revising
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paragraphs D.3., D.6.i., and D.6.iii.
under Mattamuskeet National Wildlife
Refuge;
■ e. Redesignating paragraphs D.1.
through D.4. as paragraphs D.2. through
D.5. and adding a new paragraph D.1.
under Pee Dee National Wildlife Refuge;
■ f. Revising paragraphs A.1. through
A.6., A.12., B.4., C., and D.1. under
Pocosin National Wildlife Refuge; and
■ g. Revising paragraph A.6. and adding
paragraphs A.7. and A.8. under
Swanquarter National Wildlife Refuge.
The additions and revisions read as
follows:
§ 32.52
*
*
North Carolina.
*
*
*
Cedar Island National Wildlife Refuge
A. Migratory Game Bird Hunting.
* * *
*
*
*
*
*
6. Each youth hunter must remain
within sight and normal voice contact of
an adult age 21 or older. An adult may
directly supervise up to two youth
hunters age 15 or younger who must
have successfully completed a Stateapproved hunter safety course and
possess and carry proof of certification.
7. We open the refuge to daylight use
only, except that we allow hunters to
enter and remain in open hunting areas
from 1 hour before legal shooting time
until 1 hour after legal shooting time.
*
*
*
*
*
Currituck National Wildlife Refuge
*
*
*
*
*
C. Big Game Hunting. We allow
hunting of deer and feral hog on limited
dates in designated areas of the refuge
in accordance with State regulations
subject to the following conditions:
1. We require a refuge hunting permit
(signed brochure) that hunters must sign
and carry while hunting on the refuge.
2. Each hunter must pay an annual
$12.50 hunt permit fee.
3. We allow the use of shotguns,
muzzleloading rifles/shotguns, pistols,
and bows in designated units. We
prohibit the use of all other rifles and
crossbows.
4. Hunters may take two deer per day;
there is no daily limit on feral hog.
5. Hunters must wear a minimum of
500 square inches (3,250 cm2) of hunterorange material above the waist that is
visible from all directions.
6. We prohibit the marking of trees
and vegetation (see § 27.51 of this
chapter) with blazes, flagging, or other
marking devices.
7. We allow hunters on the refuge
from 1 hour before legal sunrise to 1
hour after legal sunset.
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8. We allow the use of portable tree
stands, but hunters must remove them
daily (see § 27.93 of this chapter).
9. Hunters may access the refuge by
foot, boat, and/or vehicle, but we
prohibit hunting from a boat or vehicle.
10. An adult at least age 21 may
supervise only one youth under age 16.
The youth must be within sight and
normal voice contact of the adult.
*
*
*
*
*
Mackay Island National Wildlife
Refuge
*
*
*
*
*
C. Big Game Hunting. * * *
1. We require a Refuge Deer Hunting
Permit (signed brochure) that hunters
must sign and carry while hunting on
the refuge.
*
*
*
*
*
D. Sport Fishing. * * *
1. We allow fishing only from legal
sunrise to legal sunset from March 15
through October 15 with the exception
that we allow fishing along the Marsh
Causeway year-round. The 0.3 Mile
Loop Trail and the terminus of the canal
immediately adjacent to the Visitor
Center are open year-round, but we
close them during the Refuge Permit
Deer Hunts.
*
*
*
*
*
Mattamuskeet National Wildlife Refuge
A. Migratory Game Bird Hunting.
* * *
1. We require refuge-issued permits
(name and address) that you must
validate at the refuge headquarters, sign,
possess, and carry while hunting.
*
*
*
*
*
10. We allow the taking of only
Canada goose during the State
September Canada goose season subject
to the following conditions:
i. We allow hunting Monday through
Saturday during the State season.
ii. The hunter must possess and carry
a validated refuge permit (name and
address) while hunting.
iii. We close the following areas to
hunting of Canada goose:
Impoundments MI–4, MI–5, and MI–6;
in Rose Bay Canal, Outfall Canal, Lake
Landing Canal, and Waupoppin Canal;
150 feet (45 m) from the mouth of the
canals where they enter Lake
Mattamuskeet; and 150 yards (135 m)
from State Route 94.
iv. We allow portable blinds, but
hunters must remove them daily (see
§ 27.93 of this chapter).
11. Each youth hunter age 15 or
younger must remain within sight and
normal voice contact of an adult age 21
or older. Youth hunters must have
completed a State-certified hunter safety
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course and possess and carry the form
or certificate. An adult may directly
supervise up to two youth hunters age
15 or younger.
*
*
*
*
*
C. Big Game Hunting. * * *
1. The hunter must possess and carry
a signed, validated refuge permit (name
and address) while hunting.
*
*
*
*
*
4. Hunters may take deer with
shotgun, bow and arrow, crossbow, or
muzzleloading rifle/shotgun.
*
*
*
*
*
8. We allow the use of only portable
blinds and deer stands. Hunters with a
valid permit (name and address) may
erect one portable blind or stand the day
before the start of their hunt and must
remove it at the end of the second day
of that 2-day hunt (see § 27.93 of this
chapter). Any stands or blinds left
overnight on the refuge must have a tag
with the hunter’s name, address, and
telephone number.
*
*
*
*
*
11. We prohibit the use of all-terrain
vehicles (ATVs) or off-highway vehicles
(OHVs) (see § 27.31(f) of this chapter).
12. We require consent from refuge
personnel to enter and retrieve legally
taken game animals from closed areas
including ‘‘No Hunting Zones.’’
13. We allow the use of only
biodegradable-type flagging. We
prohibit affixing plastic flagging, dots,
glow tacks, reflectors, or other materials
to refuge vegetation (see § 27.51 of this
chapter).
D. Sport Fishing. * * *
1. We are open to sport fishing, bow
fishing, and crabbing from March 1
through October 31 from c hour before
legal sunrise to c hour after legal sunset,
except we allow bank fishing and
crabbing year-round from:
*
*
*
*
*
3. We allow motorized and
nonmotorized fishing boats, canoes, and
kayaks March 1 through October 31. We
prohibit airboats, sailboats, Jet Skis, and
windboards.
*
*
*
*
*
6. * * *
i. We allow only five handlines and
hand-activated traps per person. Owners
must be in attendance, and anglers must
remove all handlines and traps daily.
*
*
*
*
*
iii. Anglers may only take or possess
12 crabs per person per day.
*
*
*
*
*
Pee Dee National Wildlife Refuge
*
*
*
*
*
D. Sport Fishing. * * *
1. We require all anglers to possess
and carry a signed refuge Sport Fishing
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Permit (signed brochure) and
government-issued picture ID while
fishing in refuge waters.
*
*
*
*
*
Pocosin Lakes National Wildlife Refuge
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 the Pungo and New Lakes,
Duck Pen Road (except that portion that
forms the Duck Pen Wildlife Trail and
Pungo Lake Observation point when the
trail and observation point are open),
and the Pungo Lake, Riders Creek, and
Dunbar Road banding sites.
2. We require consent from refuge
personnel to enter and retrieve legally
taken game animals from closed areas
including ‘‘No Hunting Zones.’’
3. We require all hunters to possess
and carry a signed, self-service refuge
general hunting permit (signed
brochure) while hunting on the refuge.
4. We open the refuge for daylight use
only (legal sunrise to legal sunset),
except that we allow hunters to enter
and remain in open hunting areas from
11⁄2 hours before legal shooting time
until 11⁄2 hours after legal shooting time
except on the Pungo Unit (see condition
C6).
5. We allow the use of all-terrain
vehicles (ATVs) only on designated
ATV roads (see § 27.31 of this chapter)
and only to transport hunters and their
equipment to hunt and scout. We allow
ATV use only on the ATV roads at the
following times:
i. When we open the ATV road and
surrounding area to hunting;
ii. One week prior to the ATV road
and surrounding area opening to
hunting; and
iii. On Sundays, when we open the
ATV road and surrounding area for
hunting the following Monday.
6. Persons may only use (discharge)
firearms in accordance with refuge
regulations (50 CFR 27.42 and specific
regulations in part 32). We prohibit
hunting, taking, and attempting to take
any wildlife from a vehicle while the
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passenger area is occupied or when the
engine is running except that we allow
hunting from ATVs and other similarly
classed vehicles (where they are
authorized) and boats as long as they are
stationary and the engine is turned off.
*
*
*
*
*
12. While hunting, we require youth
hunters under age 16 to possess and
carry proof that they successfully passed
a State-approved hunter education
course. Youth hunters may only hunt
under the direct supervision of a
licensed hunter over age 21. One
licensed hunter over age 21 may
supervise up to two migratory game bird
youth hunters at a time.
B. Upland Game Hunting. * * *
*
*
*
*
*
4. We prohibit the hunting of raccoon
and opossum during, 5 days before, and
5 days after the State bear seasons.
Outside of these periods, we allow the
hunting of raccoon and opossum at
night but only while possessing a Big/
Upland Game Hunt Application (FWS
Form 3–2356).
*
*
*
*
*
C. Big Game Hunting. We allow
hunting of 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 apply.
2. You may hunt spring turkey only
if you possess and carry a valid permit
(Big/Upland Game Hunt Application
(FWS Form 3–2356)). The permits are
valid only for the dates and areas shown
on the permit. We require an
application and a fee for these permits
and hold a drawing, when necessary, to
select the permittees.
3. We allow the use of only shotguns,
muzzleloaders, and bow and arrow for
deer and feral hog hunting. We allow
hunters to take feral hog in any area that
is open to hunting deer using only those
weapons that we authorize for taking
deer except that hunters may take feral
hog with bow and arrow, muzzleloader,
and shotgun on the Frying Pan Unit
whenever the area is open to hunting
any game species with firearms.
4. You may possess only approved
nontoxic shot (see § 32.2(k)) while
hunting turkeys on the Pungo Unit.
5. We allow deer hunting only with
shotgun and muzzleloader 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 that
we hold in late September and October.
We require a fee that validates the State
permit to participate in these special
hunts.
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6. During the special hunts described
in C5, we allow only permitted hunters
on the Pungo Unit from 11⁄2 hours before
legal sunrise until 11⁄2 hours after legal
sunset.
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
C5.
8. Hunters must wear 500 square
inches (3,250 cm2) of fluorescent-orange
material above the waist that is visible
from all sides while hunting deer and
feral hog in any area open to hunting
these species with firearms.
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 at the end
of each day (see § 27.93 of this chapter),
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 their hunt. Hunters must tag any
stands left overnight on the refuge with
their name, address, and telephone
number.
10. While hunting, we require youth
hunters under age 16 to possess and
carry proof that they successfully passed
a State-approved hunter education
course. Youth hunters may only hunt
under the direct supervision of a
licensed hunter age 21 or older. A
licensed hunter age 21 or older may
only supervise one big game youth
hunter at a time.
11. We prohibit the use of dogs to
track, chase, or in any way assist with
the take of big game.
D. Sport Fishing. * * *
1. We allow fishing in Pungo Lake
and New Lake only 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.
*
*
*
*
*
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Swanquarter National Wildlife Refuge
A. Migratory Game Bird Hunting.
* * *
*
*
*
*
*
6. We allow hunting only during the
State waterfowl season occurring in
November, December, and January.
7. Each youth hunter must remain
within sight and normal voice contact of
an adult age 21 or older. An adult may
directly supervise up to two youth
hunters age 15 or younger who must
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have successfully completed a Stateapproved hunter safety course and
possess and carry proof of certification.
8. We open the refuge to daylight use
only (legal sunrise to legal sunset),
except that we allow hunters to enter
and remain in open hunting areas from
1 hour before legal shooting time until
1 hour after legal shooting time.
*
*
*
*
*
■ 24. Amend § 32.53 North Dakota by
revising paragraph B.10. under Upper
Souris National Wildlife Refuge to read
as follows:
§ 32.53
*
*
North Dakota.
*
*
*
Upper Souris National Wildlife Refuge
*
*
*
*
*
B. Upland Game Hunting. * * *
*
*
*
*
*
10. Hunters may possess only
approved nontoxic shot for all upland
game hunting as identified in § 20.21(j)
of this chapter.
*
*
*
*
*
■ 25. Amend § 32.55 Oklahoma by:
■ a. Revising paragraph B.2. under Deep
Fork National Wildlife Refuge;
■ b. Revising paragraphs A.1., A.5.,
A.11., and A.12. under Sequoyah
National Wildlife Refuge;
■ c. Revising the entry for Tishomingo
National Wildlife Refuge; and
■ d. Adding an entry for Tishomingo
Wildlife Management Unit.
The additions and revisions read as
follows:
§ 32.55
*
*
Oklahoma.
*
*
*
Deep Fork National Wildlife Refuge
*
*
*
*
*
B. Upland Game Hunting. * * *
*
*
*
*
*
2. We allow shotguns, .22 and .17
caliber rimfire rifles, and pistols for
rabbit and squirrel hunting. Hunters
must possess nontoxic shot when using
a shotgun (see § 32.2(k)).
*
*
*
*
*
Sequoyah National Wildlife Refuge
A. Migratory Game Bird Hunting.
* * *
1. We require an annual refuge permit
(Special Use Permit; FWS Form 3–1383)
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.
*
*
*
*
*
5. Hunters must use only legal
shotguns and possess only approved
nontoxic shot for migratory bird
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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).
*
*
*
*
*
11. We prohibit hunters entering the
Sandtown Bottom Unit prior to 5 a.m.
during the hunting season. Until 7 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 on the
refuge. Hunters must leave the
Sandtown Bottom Unit by 1 hour after
legal sunset.
12. We prohibit alcoholic beverages
on all refuge lands.
*
*
*
*
*
Tishomingo National Wildlife Refuge
A. Migratory Game Bird Hunting.
[Reserved]
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. Refuge bonus deer gun hunts are by
special permit (issued by the Oklahoma
State Department of Wildlife
Conservation) only; we prohibit prehunt
scouting or use of camera-monitoring
devices.
2. We prohibit baiting (see § 32.2(h)).
3. We allow camping in compliance
with conditions set out by the refuge.
D. Sport Fishing. We allow sport
fishing on designated areas of the refuge
in accordance with State regulations
subject to the following conditions:
1. Anglers may bank and wade fish
with pole and line or rod and reel yearround in areas open for public fishing
access.
2. Anglers may use boats from March
1 through September 30 in designated
waters (see refuge map).
3. Anglers may ‘‘no-wake’’ boat fish
during the boating season with line and
pole or rod and reel, except in areas
designated as Sanctuary Zones.
4. Anglers may use trotlines and other
set tackle only in the Cumberland Pool
(designated areas), Rock Creek, and
between the natural banks of the
Washita River. Anglers may only use set
tackle with anchored floats.
5. We prohibit use of limblines,
throwlines, juglines, and yo-yos.
6. We prohibit use of any containers
(jugs, bottles) as floats.
7. Anglers may night fish from a boat
(during boating season) in the
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Cumberland Pool, except in the
Sanctuary Zones. Anglers may night fish
at the Headquarters area, Sandy Creek
Bridge, Murray 23, and Nida Point.
9. Anglers may take bait only for
personal use while fishing on the refuge
in accordance with State law. We
prohibit bait removal from the refuge for
commercial sales. We also prohibit
release of bait back into the water.
9. We prohibit bow fishing.
10. We prohibit take of fish by use of
hands (noodling).
11. We prohibit take of frog, turtle, or
mussel.
12. We prohibit swimming, water
sports, personal watercraft, and airboats.
13. Condition C3 applies.
Tishomingo Wildlife Management Unit
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A. Migratory Game Bird Hunting. We
allow hunting of mourning dove and
waterfowl on the Tishomingo Wildlife
Management Unit of Tishomingo
National Wildlife Refuge in accordance
with State regulations.
B. Upland Game Hunting. We allow
hunting of quail, squirrel, turkey, and
rabbit on the Tishomingo Wildlife
Management Unit of Tishomingo
National Wildlife Refuge in accordance
with State regulations.
C. Big Game Hunting. We allow
hunting of white-tailed deer on the
Tishomingo Wildlife Management Unit
of Tishomingo National Wildlife Refuge
in accordance with State regulations.
D. Sport Fishing. We allow sport
fishing on the Tishomingo Wildlife
Management Unit of Tishomingo
National Wildlife Refuge in accordance
with State regulations.
*
*
*
*
*
■ 26. Amend § 32.56 Oregon by:
■ a. Adding paragraph A.4. under
Bandon Marsh National Wildlife Refuge;
■ b. Revising the entry for Cold Springs
National Wildlife Refuge;
■ c. Revising paragraph A. under Lewis
and Clark National Wildlife Refuge;
■ d. Revising the entry for McKay Creek
National Wildlife Refuge;
■ e. Revising the entry for Umatilla
National Wildlife Refuge; and
■ f. Revising paragraphs C. and D. under
William L. Finley National Wildlife
Refuge.
The additions and revisions read as
follows:
§ 32.56
*
*
Oregon.
*
*
*
Bandon Marsh National Wildlife
Refuge
A. Migratory Game Bird Hunting.
* * *
*
*
*
*
*
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4. 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 regulations in
part 32).
*
*
*
*
*
Cold Springs National Wildlife Refuge
A. Migratory Game Bird Hunting. We
allow hunting of goose, duck, coot,
dove, and snipe on designated areas of
the refuge in accordance with State
regulations subject to the following
conditions:
1. We prohibit overnight camping
and/or parking.
2. You may possess only approved
nontoxic shot for hunting (see § 32.2(k)).
3. We prohibit discharge of any
firearm within 1⁄4 mile (396 m) of any
maintained building or Federal facility,
such as, but not limited to, a structure
designed for storage, human occupancy,
or shelter for animals.
4. We allow only portable blinds and
temporary blinds constructed of
nonliving natural materials. Hunters
must remove all decoys and other
equipment (see § 27.93 of this chapter)
at the end of each day.
5. We allow hunting only on
Tuesdays, Thursdays, Saturdays,
Sundays, Thanksgiving Day, Christmas
Day, and New Year’s Day.
6. We reserve parking lot F solely for
Memorial Marsh Unit waterfowl
hunters.
7. We require waterfowl hunting
parties to space themselves a minimum
of 200 yards (180 m) apart in the free
roam area along the reservoir shoreline.
8. We allow only nonmotorized boats
or boats with electric motors within that
portion of the reservoir open to hunting.
9. On the Memorial Marsh Unit, we
allow hunting only from numbered field
blind sites, and hunters must park their
vehicles only at the numbered post
corresponding to the numbered field
blind site they are using (see § 27.31 of
this chapter). Selection of parking sites/
numbered posts is on a first-come, firstserved basis at parking lot F. We
prohibit free-roam hunting or jump
shooting, and you must remain within
100 feet (30 m) of the numbered field
blind post unless retrieving birds or
setting decoys. We allow a maximum of
four persons per blind site.
B. Upland Game Hunting. We allow
hunting of upland game birds on
designated areas of the refuge in
accordance with State regulations
subject to the following conditions:
1. Conditions A1, A2, and A3 apply.
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2. We allow hunting from 12 p.m.
(noon) to legal sunset on Tuesdays,
Thursdays, Saturdays, Sundays,
Thanksgiving Day, and Christmas Day.
C. Big Game Hunting. [Reserved]
D. Sport Fishing. We allow fishing on
designated areas of the refuge in
accordance with State regulations
subject to the following conditions:
1. Condition A1 applies.
2. In the Cold Springs Reservoir, we
allow fishing only from March 1
through September 30.
3. We allow use of only nonmotorized
boats and boats with electric motors.
*
*
*
*
*
Lewis and Clark National Wildlife
Refuge
A. Migratory Game Bird Hunting. We
allow hunting of goose, duck, coot, and
snipe on the designated areas of the
refuge in accordance with State
regulations subject to the following
conditions:
1. You may possess only approved
nontoxic shot for hunting (see § 32.2(k)).
2. We prohibit hunting on all exposed
lands on Miller Sands Island and its
partially enclosed lagoon, as posted. We
prohibit hunting inside the diked
portion of Karlson Island, as posted.
3. We prohibit permanent blinds. You
must remove all personal property,
including decoys and boats, by 1 hour
after legal sunset (see §§ 27.93 and 27.94
of this chapter).
*
*
*
*
*
McKay Creek National Wildlife Refuge
A. Migratory Game Bird Hunting. We
allow hunting of goose, duck, coot, and
snipe on designated areas of the refuge
in accordance with State regulations
subject to the following conditions:
1. We prohibit overnight camping
and/or parking.
2. We prohibit possession of toxic
shot for hunting (see § 32.2(k)).
3. We prohibit discharge of any
firearm within 1⁄4 mile (396 m) of any
maintained building or Federal facility,
such as, but not limited to, a structure
designed for storage, human occupancy,
or shelter for animals.
4. We only allow portable blinds and
temporary blinds constructed of
nonliving natural materials. Hunters
must remove all decoys and other
equipment (see § 27.93 of this chapter)
at the end of each day.
5. We require waterfowl hunting
parties to space themselves a minimum
of 200 yards (180 m) apart.
6. We prohibit the use of boats.
B. Upland Game Hunting. We allow
hunting of upland game birds on
designated areas of the refuge in
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accordance with State regulations
subject to the following conditions:
1. Conditions A1, A2, and A3 apply.
2. On the opening weekend of the
hunting season, we require all hunters
to possess and carry a special refuge
permit (name/address/phone number).
C. Big Game Hunting. [Reserved]
D. Sport Fishing. We allow fishing on
designated areas of the refuge in
accordance with State regulations
subject to the following conditions:
1. Condition A1 applies.
2. We allow fishing from March 1
through September 30.
*
*
*
*
*
Umatilla National Wildlife Refuge
A. Migratory Game Bird Hunting. We
allow hunting of goose, duck, coot, and
snipe on designated areas of the refuge
in accordance with State regulations
subject to the following conditions:
1. We prohibit overnight camping
and/or parking.
2. We prohibit possession of toxic
shot for hunting (see § 32.2(k)).
3. We prohibit discharge of any
firearm within 1⁄4 mile (396 m) of any
maintained building or Federal facility,
such as, but not limited to, a structure
designed for storage, human occupancy,
or shelter for animals.
4. We allow only portable blinds and
temporary blinds constructed of
nonliving natural materials. Hunters
must remove all decoys and other
equipment (see § 27.93 of this chapter)
at the end of each day.
5. On the McCormack Unit, we allow
hunting subject to the following
conditions:
i. The McCormack Unit is a fee-hunt
area only open to hunting on
Wednesdays, Saturdays, Sundays,
Thanksgiving Day, and New Year’s Day
during State waterfowl seasons.
ii. We require hunters to stop at the
check station to obtain a special refuge
permit (name/address/phone number)
that you must possess and carry, to pay
a recreation user fee, and to obtain a
blind assignment before hunting.
iii. We allow hunting only from
assigned blind sites and require hunters
to remain within 100 feet (30 m) of
marked blind sites unless retrieving
birds.
iv. Hunters may only possess up to 25
shot shells per hunt day.
6. On the Boardman Unit, we require
waterfowl hunting parties to space
themselves a minimum of 200 yards
(180 m) apart.
7. We close all islands within the
Columbia River to all access.
B. Upland Game Hunting. We allow
hunting of upland game birds on
designated areas of the refuge in
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accordance with State regulations
subject to the following conditions:
1. Conditions A1, A2, A3, and A7
apply.
2. We allow hunting of upland game
from 12 p.m. (noon) to legal sunset of
each hunt day.
3. On the McCormack Fee Hunt Unit,
we allow hunting only on Wednesdays,
Saturdays, Sundays, Thanksgiving Day,
and New Year’s Day.
4. On the McCormack Unit, we
require all hunters to possess and carry
a special refuge permit (name/address/
phone number).
C. Big Game Hunting. We allow
hunting of deer on designated areas of
the refuge in accordance with State
regulations subject to the following
conditions:
1. Conditions A1, A2, A3, and A7
apply.
2. We allow hunting by special permit
only (issued by the State).
D. Sport Fishing. We allow fishing on
designated areas of the refuge in
accordance with State regulations
subject to the following conditions:
1. Conditions A1 and A7 apply.
2. We allow fishing on refuge
impoundments and ponds from
February 1 through September 30.
*
*
*
*
*
William L. Finley National Wildlife
Refuge
*
*
*
*
*
C. Big Game Hunting. We allow
hunting of deer on designated areas of
the refuge in accordance with State
regulations subject to the following
conditions:
1. We allow shotgun and archery
hunting on designated dates from 1⁄2
hour before legal sunrise until 1⁄2 hour
after legal sunset.
2. We allow shotguns using only
buckshot or slugs.
3. We prohibit overnight camping and
after-hours parking on the refuge.
4. We prohibit hunting from refuge
structures, observation blinds, or
boardwalks.
5. All vehicles must remain parked in
designated areas.
6. Hunters may use portable or
climbing deer stands and must remove
stands daily (see § 27.93 of this chapter).
We prohibit driving or screwing nails,
spikes, or other objects into trees or
hunting from any tree into which such
an object has been driven (see § 32.2(i)).
We prohibit limbing of trees.
7. All hunters must complete a Big
Game Harvest Report (FWS Form 3–
2359) available at the designated selfservice hunt kiosks located on the
refuge.
8. Persons possessing, transporting, or
carrying firearms on national wildlife
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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).
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 Muddy Creek
from the beginning of the State trout
season in April through October 31.
2. We prohibit the use of boats.
■ 27. Amend § 32.57 Pennsylvania by
revising paragraphs A.2. through A.4.,
B.2., and C. under Erie National Wildlife
Refuge to read as follows:
§ 32.57
*
Pennsylvania.
*
*
*
*
Erie National Wildlife Refuge
A. Migratory Game Bird Hunting.
* * *
*
*
*
*
*
2. We require all hunters to possess
and carry on their person a signed
refuge hunt permit (signed brochure).
3. We only allow nonmotorized boats
for waterfowl hunting in permitted
areas.
4. We require that hunters remove all
boats, blinds, cameras, and decoys from
the refuge within 1 hour after legal
sunset (see §§ 27.93 and 27.94 of this
chapter).
*
*
*
*
*
B. Upland Game Hunting. * * *
*
*
*
*
*
2. Conditions A1, A2, A4, and A5
apply.
*
*
*
*
*
C. Big Game Hunting. We allow
hunting of deer, bear, and turkey on
designated areas of the refuge in
accordance with State regulations
subject to the following conditions:
1. Condition A1 applies. We also
allow spring turkey hunting in
accordance with State regulations.
2. Conditions A2 through A5 apply.
3. We prohibit organized deer drives
in hunt area B of the Sugar Lake
Division. We define a ‘‘drive’’ as three
or more persons involved in the act of
chasing, pursuing, disturbing, or
otherwise directing deer so as to make
the animal more susceptible to harvest.
4. 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.
*
*
*
*
*
■ 28. Amend § 32.60 South Carolina by:
■ a. Revising paragraphs C.9. and C.13.
and adding paragraph C.17. under
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Pinckney Island National Wildlife
Refuge; and
■ b. Revising paragraphs A.2., A.3., A.4.,
and B.2., adding paragraph B.4., revising
paragraphs C.1., C.7., and C.13., and
removing paragraphs C.19. through
C.24. under Waccamaw National
Wildlife Refuge.
The additions and revisions read as
follows:
§ 32.60
*
*
South Carolina.
*
*
*
Pinckney Island National Wildlife
Refuge
*
*
*
*
C. Big Game Hunting. * * *
*
*
*
*
*
9. Hunters must be on their stands
from c hour before legal sunrise until 9
a.m. and from 2 hours before legal
sunset until c hour after legal sunset.
*
*
*
*
*
13. You may take five deer (no more
than two antlered).
*
*
*
*
*
17. We prohibit the use of trail or
game cameras.
*
*
*
*
*
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*
Waccamaw National Wildlife Refuge
A. Migratory Game Bird Hunting.
***
*
*
*
*
*
2. Each youth hunter age 15 and
younger must remain within sight,
within normal voice contact, and under
supervision of an adult age 21 or older.
The adult must comply with all State
and Federal hunting license
requirements and possess a signed
refuge hunting permit (signed brochure).
3. We allow waterfowl hunting only
until 12 p.m. (noon) each Saturday and
Wednesday during the State waterfowl
season. Hunters may enter the refuge no
earlier than 5 a.m. on hunt days and
must be off the refuge by 2 p.m.
4. We allow scouting Monday through
Friday during the waterfowl season.
Hunters must be off the refuge by 2 p.m.
*
*
*
*
*
B. Upland Game Hunting. * * *
*
*
*
*
*
2. We allow hunting only in
designated areas and only on days
designated annually by the refuge
within the State season.
*
*
*
*
*
4. We prohibit shooting any game
from a boat except waterfowl.
C. Big Game Hunting. * * *
1. Conditions A1, A2, A9, A10, B2,
and B4 apply.
*
*
*
*
*
7. We allow scouting all year during
daylight hours except during the State
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Jkt 223001
waterfowl season. During the waterfowl
season, the same regulations that apply
to scouting for waterfowl (A4) apply to
scouting for big game species. We
prohibit the use of trail cameras and
other scouting devices.
*
*
*
*
*
13. You must hunt deer and feral hog
from an elevated hunting stand.
*
*
*
*
*
■ 29. Amend § 32.62 Tennessee by:
■ a. Revising paragraph C.4. under
Lower Hatchie National Wildlife Refuge;
and
■ b. Revising paragraphs B.1. and C.4.
under Reelfoot National Wildlife
Refuge.
The revisions read as follows:
§ 32.62
*
*
Tennessee.
*
*
*
Lower Hatchie National Wildlife Refuge
*
*
*
*
*
C. Big Game Hunting. * * *
*
*
*
*
*
4. Hunters may possess lead shot
while deer hunting on the refuge (see
§ 32.2(k)).
*
*
*
*
*
Reelfoot National Wildlife Refuge
*
*
*
*
*
B. Upland Game Hunting. * * *
1. The refuge is a day-use area only
(legal sunrise to legal sunset), with the
exception of legal hunting activities.
*
*
*
*
*
C. Big Game Hunting. * * *
*
*
*
*
*
4. Hunters may possess lead shot
while deer hunting on the refuge (see
§ 32.2 (k)).
*
*
*
*
*
■ 30. Amend § 32.63 Texas by:
■ a. Adding paragraph C.10. under
Balcones Canyonlands National Wildlife
Refuge;
■ b. Adding paragraph A.5. under Big
Boggy National Wildlife Refuge;
■ c. Adding paragraph A.7., revising
paragraphs D.1. and D.2., and adding
D.7. under Brazoria National Wildlife
Refuge;
■ d. Revising paragraphs C.1., C.2., C.3.,
C.6., C.7., C.8., C.15., C.16., and C.17.
under Laguna Atascosa National
Wildlife Refuge;
■ e. Revising paragraph A.3., adding
paragraph A.6., revising paragraph D.2.,
and adding paragraph D.3. under San
Bernard National Wildlife Refuge; and
■ f. Revising paragraphs B.1., B.2., and
B.4. through B.8., adding paragraph B.9.,
and revising paragraph C.1.,
redesignating paragraphs C.2. and C.3.
as paragraphs C.3. and C.4., adding a
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new paragraph C.2., and removing
paragraphs C.5. and C.6. under Trinity
River National Wildlife Refuge.
The additions and revisions read as
follows:
§ 32.63
*
Texas.
*
*
*
*
Balcones Canyonlands National
Wildlife Refuge
*
*
*
*
*
C. Big Game Hunting. * * *
*
*
*
*
*
10. Hunters must exit the refuge no
later than 11⁄2 hours after legal sunset.
*
*
*
*
*
Big Boggy National Wildlife Refuge
A. Migratory Game Bird Hunting.
***
*
*
*
*
*
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).
*
*
*
*
*
Brazoria National Wildlife Refuge
A. Migratory Game Bird Hunting.
***
*
*
*
*
*
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 (see § 27.42 of
this chapter and specific refuge
regulations in part 32).
*
*
*
*
*
D. Sport Fishing. * * *
1. We allow fishing only on Nick’s
Lake, Salt Lake, and Lost Lake.
2. We allow access for shore fishing
at Bastrop Bayou, Clay Banks, and Salt
Lake Public Fishing Areas; we prohibit
the use or possession of alcoholic
beverages in all Public Fishing Areas.
*
*
*
*
*
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 (see § 27.42 of
this chapter and specific refuge
regulations in part 32).
*
*
*
*
*
Laguna Atascosa National Wildlife
Refuge
*
*
*
*
*
C. Big Game Hunting. * * *
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Federal Register / Vol. 76, No. 175 / Friday, September 9, 2011 / Rules and Regulations
1. We require hunters to pay a fee and
obtain a refuge hunt permit (name and
address 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, Frieze
Tract, Escondido Tract, Sendero del
Gato, Resaca de la Gringa, Bahia Grande
Unit, South Padre Island Unit, and the
Boswell Tract.
3. We offer hunting during specific
portions of the State hunting season. We
determine specific deer hunt dates
annually, and they usually fall within
October, November, December, and
January. We may provide special feral
hog and nilgai antelope hunts to reduce
populations at any time during the year.
*
*
*
*
*
6. An adult age 17 or older must
accompany and remain within sight and
normal voice contact of each youth
hunter, ages 9 through 16. Hunters must
be at least age 9.
7. We allow the use of only longbows,
compound bows, and recurved bows
during the archery hunt. We allow the
use of only shoulder-fired
muzzleloaders, rifles, and crossbows
during the firearm hunt. 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). Muzzleloader firearms must
be .40 caliber or larger, and modern
rifles must be centerfired 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. We define ‘‘loaded’’
as having rounds in the chamber or
magazine or a firing cap on a
muzzleloading firearm. We prohibit
target practice or ‘‘sighting-in’’ on the
refuge.
8. We allow a scouting period 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
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Jkt 223001
units during the scouting period from
legal sunrise to legal sunset. You must
clearly display the refuge-issued Hunter
Vehicle Validation Tags/Scouting
Permits (name, address, and phone
number; available from the refuge office)
face up on the vehicle dashboard when
hunting and scouting.
*
*
*
*
*
15. We prohibit killing or wounding
an animal covered in this section and
intentionally or knowingly failing to
make a reasonable effort to retrieve and
include it in the hunter’s bag limit.
16. We prohibit use of or hunting
from any type of watercraft or floating
device.
17. Hunters must receive
authorization from a refuge employee to
enter closed refuge areas to retrieve
harvested game.
*
*
*
*
*
San Bernard National Wildlife Refuge
A. Migratory Game Bird Hunting.
***
*
*
*
*
*
3. We require hunters to use the
Waterfowl Lottery Application (FWS
Form 3–2355) and payment of fees for
the Sergent Permit Waterfowl Hunt
Area. Hunters must abide by all terms
and conditions set by the permits.
*
*
*
*
*
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 part 32).
*
*
*
*
*
D. Sport Fishing. * * *
*
*
*
*
*
2. We allow access for shore fishing
at Cedar Lake Creek Public Fishing
Area; we prohibit the use or possession
of alcoholic beverages in all Public
Fishing Areas.
3. 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).
*
*
*
*
*
Trinity River National Wildlife Refuge
*
*
*
*
*
B. Upland Game Hunting. * * *
1. We require hunters to possess a
refuge permit (signed brochure) and pay
a fee for the hunt application. For
information concerning the hunts,
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contact the refuge office. The hunter
must carry the nontransferable permit at
all times while hunting.
2. We will offer a limited season
upland game squirrel and rabbit hunt.
We require refuge permits and hunters
must turn in the Upland/Small Game/
Furbearer Report (FWS Form 3–2362) by
the date specified on the permit. Failure
to submit the report will render the
hunter ineligible for the next year’s
limited upland game hunt. Drawings
will be either by lottery or on a firstcome-first-served basis. We will
describe hunt units in maps and written
directions.
*
*
*
*
*
4. All units are walk-in only. We
prohibit hunters using dogs, feeders,
baiting, campsites, fires, horses,
bicycles, and all-terrain vehicles (except
on designated units which allow ATV
use for hunters with disabilities). We
provide access for hunters with
disabilities. Please contact the refuge
office for additional information.
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). Units will have
a hunting type of weapon restriction
(long gun, shotgun, or archery) due to
safety concerns.
6. Youth hunters age 12 through 17
must hunt with a permitted adult age 18
or older and be within sight and normal
voice contact of the adult.
7. For safety we require a minimum
distance between hunt parties of 200
yards (180 m). Hunters must visibly
wear 400 square inches (2,600 cm2) of
hunter orange above the waist and a
hunter-orange hat or cap.
8. We require hunters to park only in
the assigned parking area at each hunt
unit. They may enter the refuge no
earlier than 4:30 a.m. We will allow
hunting from 1⁄2 hour before legal
sunrise to legal sunset only during the
days specified on the permit.
9. Hunters may place no more than
one temporary stand on the refuge.
Hunters may place the stand during the
scouting week before the hunt begins
and must remove it the day the hunt
ends. Hunters must remove all flagging
or markers the day the hunt ends. We
prohibit the use of paint for marking.
Hunters must label blinds with the
name of the permit holder. We prohibit
hunting or erection of blinds along
refuge roads or main trails.
C. Big Game Hunting. * * *
1. We will offer limited (shortened)
seasons for big game hunting of deer
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and feral hog. The limited hunts are
during the archery, general, and
muzzleloader State seasons. We require
refuge permits (signed refuge brochure)
and Big Game Harvest Report (FWS
Form 3–2359). Hunters must turn in
both forms by the date specified on the
permit. Failure to submit the Harvest
Report will render the hunter ineligible
for the next year’s limited big game
hunt. Drawings are by lottery. We will
describe hunt units in maps and provide
written directions.
2. Conditions B3 through B9 apply.
*
*
*
*
*
■ 31. Amend § 32.64 Utah by revising
paragraphs A.10., B., and C. under
Ouray National Wildlife Refuge to read
as follows:
§ 32.64
*
*
§ 32.67
Utah.
*
*
*
*
mstockstill on DSK4VPTVN1PROD with RULES2
Ouray National Wildlife Refuge
A. Migratory Game Bird Hunting.
***
*
*
*
*
*
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 (see § 27.42 of
this chapter and part 32).
B. Upland Game Hunting. We allow
hunting of pheasant and turkey in
accordance with State regulations
subject to the following conditions:
1. We allow pheasant and turkey
hunting within designated areas.
2. We prohibit hunting on the islands
and sandbars within the Green River.
3. We allow turkey hunting for youth
hunters under age 14 during the generalseason, youth-only turkey hunt season.
C. Big Game Hunting. We allow
hunting of deer and elk in accordance
with State regulations subject to the
following conditions:
1. We allow deer and elk hunting
within designated areas.
2. We prohibit hunting on the islands
and sandbars within the Green River.
3. We allow use of portable tree
stands and hunting blinds. Hunters
must remove all tree stands and blinds
no later than the last day of the hunting
season for which they have a permit (see
§ 27.93 of this chapter).
4. We allow elk hunting for youth
hunters under age 14 only prior to
October 1.
5. We allow elk hunting during the
Uintah Basin Extended Archery Elk
Hunt starting on October 1.
6. We prohibit elk hunting during the
general season any-legal-weapon (rifle)
and muzzleloader- bull-elk hunts.
VerDate Mar<15>2010
7. We allow elk hunting during
limited late season antlerless elk (after
December 1), hunter depredation pool,
and other disabled/youth elk hunts in
accordance with State and refuge
regulations.
*
*
*
*
*
■ 32. Amend § 32.67 Washington by:
■ a. Revising the entry for Columbia
National Wildlife Refuge;
■ b. Revising the entry for Conboy Lake
National Wildlife Refuge;
■ c. Revising the entry for McNary
National Wildlife Refuge;
■ d. Revising the entry for Toppenish
National Wildlife Refuge; and
■ e. Revising the entry for Umatilla
National Wildlife Refuge.
The revisions read as follows:
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Washington.
*
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*
Columbia National Wildlife Refuge
A. Migratory Game Bird Hunting. We
allow hunting of goose, duck, coot, and
snipe on designated areas of the refuge
in accordance with State regulations
subject to the following conditions:
1. Except for Soda Lake Campground,
we prohibit overnight parking and/or
camping.
2. You may possess only approved
nontoxic shot for hunting (see § 32.2(k)).
3. We prohibit discharge of any
firearm within 1⁄4 mile (396 m) of any
maintained building or Federal facility,
such as, but not limited to, a structure
designed for storage, human occupancy,
or shelter for animals.
4. We only allow portable blinds and
temporary blinds constructed of
nonliving natural materials. Hunters
must remove all decoys and other
equipment (see § 27.93 of this chapter)
at the end of each day.
5. We allow hunting only on
Wednesdays, Saturdays, Sundays, and
Federal holidays on Marsh Unit 1 and
Farm Units 226–227.
6. Prior to entering the Farm Unit
226–227 hunt area, we require you to
possess and carry a special refuge
permit (name/address/phone number),
pay a recreation user fee, and obtain a
blind assignment.
B. Upland Game Hunting. We allow
hunting of upland game birds on
designated areas of the refuge in
accordance with State regulations
subject to the following conditions:
1. Conditions A1, A2, and A3 apply.
2. We allow hunting of only upland
game birds during State upland game
seasons that run concurrently with the
State waterfowl season.
3. We allow hunting from 12 p.m.
(noon) to legal sunset on Wednesdays,
Saturdays, Sundays, and Federal
holidays in Marsh Unit 1.
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C. Big Game Hunting. We allow
hunting of deer on designated areas of
the refuge in accordance with State
regulations subject to the following
conditions:
1. Conditions A1, A2, and A3 apply.
2. We allow hunting only during State
deer seasons that run concurrently with
the State waterfowl season.
3. We allow hunting with shotgun and
archery only.
D. Sport Fishing. We allow fishing on
designated areas of the refuge in
accordance with State regulations
subject to the following conditions:
1. Condition A1 applies.
2. On waters open to fishing, we allow
fishing only from April 1 to September
30, with the exception of Falcon, Heron,
Goldeneye, Corral, Blythe, Chukar, and
Scaup Lakes that are open year-round.
3. We allow frogging during periods
when we allow fishing on designated
waters.
Conboy Lake National Wildlife Refuge
A. Migratory Game Bird Hunting. We
allow hunting of goose, duck, coot, and
snipe on designated areas of the refuge
in accordance with State regulations
subject to the following conditions:
1. We prohibit overnight camping
and/or parking.
2. You may possess only approved
nontoxic shot for hunting (see § 32.2(k)).
3. We prohibit discharge of any
firearm within 1⁄4 mile (396 m) of any
maintained building or Federal facility,
such as, but not limited to, a structure
designed for storage, human occupancy,
or shelter for animals.
4. We allow only portable blinds and
temporary blinds constructed of
nonliving natural materials. Hunters
must remove all decoys and other
equipment at the end of each day (see
§ 27.93 of this chapter).
B. Upland Game Hunting. [Reserved]
C. Big Game Hunting. We allow
hunting of deer on designated areas of
the refuge in accordance with State
regulations subject to the following
conditions: Conditions A1, A2, and A3
apply.
D. Sport Fishing. [Reserved]
*
*
*
*
*
McNary National Wildlife Refuge
A. Migratory Game Bird Hunting. We
allow hunting of goose, duck, coot,
dove, and snipe on designated areas of
the refuge in accordance with State
regulations subject to the following
conditions:
1. We prohibit overnight camping
and/or parking.
2. You may possess only approved
nontoxic shot for hunting (see § 32.2(k)).
3. We prohibit discharge of any
firearm within 1⁄4 mile (396 m) of any
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maintained building or Federal facility,
such as, but not limited to, a structure
designed for storage, human occupancy,
or shelter for animals.
4. We allow only portable blinds and
temporary blinds constructed of
nonliving natural materials. Hunters
must remove all decoys and other
equipment (see § 27.93 of this chapter)
at the end of each day.
5. On the McNary Fee Hunt Area
(McNary Headquarters Unit), we allow
hunting subject to the following
conditions:
i. The McNary Fee Hunt Area
(McNary Headquarters Unit) is only
open on Wednesdays, Saturdays,
Sundays, Thanksgiving Day, and New
Year’s Day.
ii. We require hunters to possess and
carry a special refuge permit (name/
address/phone number), pay a
recreation user fee, and obtain a blind
assignment before hunting.
iii. We allow hunting only from
assigned blind sites and require hunters
to remain within 100 feet (30 m) of
marked posts unless retrieving birds or
setting decoys.
iv. We prohibit the hunting of dove.
v. Hunters may only possess up to 25
shot shells per hunt day.
6. On the Peninsula Unit, we allow
hunting subject to the following
conditions:
i. On the east shoreline of the
Peninsula Unit, we allow hunting only
from established numbered blind sites,
assigned on a first-come, first-served
basis. We require hunters to remain
within 100 feet (30 m) of marked posts
unless retrieving birds or setting decoys.
ii. On the west shoreline of the
Peninsula Unit, we require hunters to
space themselves a minimum of 200
yards (180 m) apart.
7. We close Strawberry Island in the
Snake River to all access.
8. We close Badger and Foundation
Islands in the Columbia River to all
access.
B. Upland Game Hunting. We allow
hunting of upland game birds on
designated areas of the refuge in
accordance with State regulations
subject to the following conditions:
1. Conditions A1, A2, A3, A7, and A8
apply.
2. On the McNary Fee Hunt Area
(McNary Headquarters Unit), we allow
hunting on Wednesdays, Saturdays,
Sundays, Thanksgiving Day, and New
Year’s Day. We prohibit hunting before
12 p.m. (noon) on each hunt day.
3. On the Peninsula Unit, we prohibit
hunting before 12 p.m. (noon) on goose
hunt days.
C. Big Game Hunting. We allow
hunting of deer only on the Stateline,
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17:04 Sep 08, 2011
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Juniper Canyon, and Wallula Units in
accordance with State regulations
subject to the following conditions.
1. Conditions A1, A2, A3, A7, and A8
apply.
2. On the Wallula Unit, we allow
hunting with shotgun and archery only.
D. Sport Fishing. We allow fishing on
designated areas of the refuge in
accordance with State regulations
subject to the following conditions:
Conditions A1, A7, and A8 apply.
*
*
*
*
*
Toppenish National Wildlife Refuge
A. Migratory Game Bird Hunting. We
allow hunting of goose, duck, coot,
dove, and snipe on designated areas of
the refuge in accordance with State
regulations subject to the following
conditions:
1. We prohibit overnight camping
and/or parking.
2. You may possess only approved
nontoxic shot for hunting (see § 32.2(k)).
3. We prohibit discharge of any
firearm within 1⁄4 mile (396 m) of any
maintained building or Federal facility,
such as, but not limited to, a structure
designed for storage, human occupancy,
or shelter for animals.
4. We allow only portable blinds and
temporary blinds constructed of
nonliving natural materials. Hunters
must remove all decoys and other
equipment (see § 27.93 of this chapter)
at the end of each day.
5. We allow dove hunting only on the
Chloe, Webb, Petty, Halvorson,
Chambers, and Isiri Units.
6. On the Pumphouse and Robbins
Road Units, hunters may only possess
up to 25 shot shells per hunt day.
7. On the Pumphouse, Petty, Isiri,
Chamber, and Chloe Units, we allow
hunting 7 days a week subject to the
following condition: We require hunting
parties to space themselves a minimum
of 200 yards (180 m) apart.
8. On the Halvorson and Webb Units,
we allow hunting only on Wednesdays,
Saturdays, Sundays, Thanksgiving Day,
Christmas Day, and New Year’s Day.
9. On the Robbins Road Unit, we
allow hunting only on Tuesdays,
Thursdays, Saturdays, Sundays,
Thanksgiving Day, Christmas Day, and
New Year’s Day.
10. On the Robbins Road and
Pumphouse Units, we allow hunting
only from numbered field blind sites,
and hunters must park their vehicles
only at the numbered post
corresponding to the numbered field
blind site they are using (see § 27.31 of
this chapter). Selection of parking sites/
numbered posts is on a first-come, firstserved basis at the designated parking
lot. We prohibit free-roam hunting or
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56089
jump shooting, and you must remain
within 100 feet (30 m) of the numbered
field blind post unless retrieving birds
or setting decoys. We allow a maximum
of four persons per blind site.
B. Upland Game Hunting. We allow
hunting of upland game birds 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 hunting of upland game
from 12 p.m. (noon) to legal sunset of
each hunt day.
3. On the Halvorson and Webb Units,
we allow hunting only on Wednesdays,
Saturdays, Sundays, Thanksgiving Day,
Christmas Day, and New Year’s Day.
4. On the Robbins Road Unit, we
allow hunting only on Tuesdays,
Thursdays, Saturdays, Sundays,
Thanksgiving Day, Christmas Day, and
New Year’s Day.
C. Big Game Hunting. [Reserved]
D. Sport Fishing. [Reserved]
*
*
*
*
*
Umatilla National Wildlife Refuge
A. Migratory Game Bird Hunting. We
allow hunting of goose, duck, coot,
dove, and snipe on designated areas of
the refuge in accordance with State
regulations subject to the following
conditions:
1. We prohibit overnight camping
and/or parking.
2. You may possess only approved
nontoxic shot for hunting (see § 32.2(k)).
3. We prohibit discharge of any
firearms within 1⁄4 mile (396 m) of any
maintained building or Federal facility,
such as, but not limited to, a structure
designed for storage, human occupancy,
or shelter for animals.
4. We only allow portable blinds and
temporary blinds constructed of
nonliving natural materials. You must
remove all decoys and other equipment
(see § 27.93 of this chapter) at the end
of each day.
5. On the Paterson and Whitcomb
Units, we allow hunting only on
Wednesdays, Saturdays, Sundays,
Thanksgiving Day, Christmas Day, and
New Year’s Day.
6. In the refuge ponds within the
Paterson Unit, we allow only
nonmotorized boats and boats with
electric motors.
7. On the Ridge Unit, we allow only
shoreline hunting and prohibit hunting
from boats.
8. We require waterfowl hunting
parties to space themselves a minimum
of 200 yards (180 m) apart.
9. We close all islands within the
Columbia River to all access.
B. Upland Game Hunting. We allow
hunting of upland game birds on
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designated areas of the refuge in
accordance with State regulations
subject to the following conditions:
1. Conditions A1, A2, A3, A5, and A9
apply.
2. We allow hunting of upland game
from 12 p.m. (noon) to legal sunset of
each hunt day.
C. Big Game Hunting. We allow
hunting of deer on designated areas of
the refuge in accordance with State
regulations subject to the following
conditions:
1. Conditions A1, A2, A3, and A9
apply.
2. We allow hunting by special permit
only (issued by the State).
D. Sport Fishing. We allow fishing on
designated areas of the refuge in
accordance with State regulations
subject to the following conditions:
1. Conditions A1 and A9 apply.
2. We allow fishing on refuge
impoundments and ponds from
February 1 through September 30.
*
*
*
*
*
■ 33. Amend § 32.68 West Virginia by
revising paragraphs A.2. and A.4.,
adding paragraph A.8., and revising
paragraphs B.1., C.1., and C.2. under
Canaan Valley National Wildlife Refuge
to read as follows:
8. We prohibit hunters from leaving
decoys and other personal property on
the refuge (see § 27.93 of this chapter).
B. Upland Game Hunting. * * *
1. Conditions A1 (Upland/Small
Game/Furbearer Report; FWS Form 3–
2362), A2, A4, A6, and A7 apply.
*
*
*
*
*
C. Big Game Hunting.* * *
1. Conditions A1 (Big Game Harvest
Report; FWS Form 3–2359), A2, A4, A6,
A7, and B4 apply.
2. You may only enter the refuge on
foot. You may use hand-powered,
wheeled carts for transporting big game.
*
*
*
*
*
■ 34. Amend § 32.69 Wisconsin by:
■ a. Adding paragraph C.6. and revising
paragraph D. under Horicon National
Wildlife Refuge;
■ b. Removing paragraph C.2.,
redesignating paragraphs C.3. through
C.11. as paragraphs C.2. through C.10.,
revising newly redesignated paragraph
C.6., adding new paragraph C.11., and
revising paragraph D. under Necedah
National Wildlife Refuge; and
■ c. Revising paragraphs B. and D.
under Trempealeau National Wildlife
Refuge.
The additions and revisions read as
follows:
§ 32.68
*
*
*
West Virginia.
*
*
*
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A. Migratory Game Bird Hunting.
* * *
*
*
*
*
*
2. We allow hunting on most refuge
lands with the following exceptions: the
area surrounding the refuge
headquarters, areas marked as safety
zones, areas marked as no hunting
zones, areas marked as closed to all
public entry, or within 500 feet (150 m)
of any dwelling in accordance with
State regulations.
*
*
*
*
*
4. The refuge opens 1 hour before
legal sunrise and closes 1 hour after
legal sunset, including parking areas.
We prohibit camping. We prohibit
overnight parking except by Special Use
Permit (FWS Form 3–1383) on Forest
Road 80.
*
*
*
*
*
17:04 Sep 08, 2011
*
Wisconsin.
*
*
*
Horicon National Wildlife Refuge
Canaan Valley National Wildlife Refuge
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§ 32.69
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*
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*
*
C. Big Game Hunting. * * *
*
*
*
*
*
6. Any ground blind used during any
gun deer season must display at least
144 square inches (936 cm2) of solidblaze-orange material visible from all
directions.
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 only bank fishing.
2. We prohibit the use of fishing
weights or lures containing lead.
*
*
*
*
*
Necedah National Wildlife Refuge
*
*
*
*
*
C. Big Game Hunting. * * *
*
*
*
*
*
6. Refuge Area 2 is open to deer
hunting during State archery, gun, and
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muzzleloader seasons, except for any
early antlerless-only hunts.
*
*
*
*
*
11. Any ground blind used during any
gun deer season must display at least
144 square inches (936 cm2) of solidblaze-orange material visible from all
directions.
D. Sport Fishing. We allow fishing in
designated waters of the refuge at
designated times subject to the
following conditions:
1. We allow use of nonmotorized
boats in Sprague-Goose pools only when
these pools are open to fishing.
2. We allow motorized boats in Suk
Cerney Pool.
3. We allow fishing by hook and line
only.
*
*
*
*
*
Trempealeau National Wildlife Refuge
*
*
*
*
*
B. Upland Game Hunting. [Reserved]
*
*
*
*
*
D. Sport Fishing. We allow fishing on
designated areas of the refuge from legal
sunrise to legal sunset in accordance
with State laws for inland waters subject
to the following conditions:
1. We allow boats propelled by hand
or electric motors only on refuge pools.
We do not prohibit the possession of
other watercraft motors, only their use.
We do not restrict gasoline-powered
motors on the navigable channel of the
Trempealeau River.
2. We prohibit harvest of turtle, snake,
frog, or any other reptile or amphibian
(see § 27.21 of this chapter).
3. We prohibit the release of live bait.
4. We prohibit night-lighting, archery,
spearing, or netting of fish.
5. We prohibit fishing within 200 feet
(60 m) of a water control structure as per
State regulation.
6. Anglers must remove ice fishing
shelters from the refuge at the end of
each day.
*
*
*
*
*
Dated: August 29, 2011.
Eileen Sobeck,
Assistant Secretary for Fish and Wildlife and
Parks.
[FR Doc. 2011–22752 Filed 9–8–11; 8:45 am]
BILLING CODE 4310–55–P
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[Federal Register Volume 76, Number 175 (Friday, September 9, 2011)]
[Rules and Regulations]
[Pages 56054-56090]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-22752]
[[Page 56053]]
Vol. 76
Friday,
No. 175
September 9, 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; Final
Rule
Federal Register / Vol. 76 , No. 175 / Friday, September 9, 2011 /
Rules and Regulations
[[Page 56054]]
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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: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Fish and Wildlife Service adds one refuge to the list of
areas open for hunting and/or sport fishing and increases the
activities available at nine other refuges, along with adopting
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: This rule is effective September 9, 2011.
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 also
consider the role of facilitating hunting heritage in expanding hunting
opportunities on national wildlife refuges consistent with the agency's
mission.
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 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
[[Page 56055]]
fishing in 50 CFR part 32. We ensure continued compliance by the
development of comprehensive conservation plans, specific plans, and by
annual review of hunting and sport fishing programs and regulations.
Response to Comments Received
In the July 5, 2011, Federal Register (76 FR 39186), we published a
proposed rulemaking identifying changes pertaining to migratory game
bird hunting, upland game bird hunting, big game hunting, and sport
fishing to existing refuge-specific language on certain refuges for the
2011-2012 season. We received 251 comments on this proposed rule during
a 30-day comment period; 226 of those comments were supportive of the
rulemaking; 18 were opposed to the rulemaking; and the remainder
expressed neither support nor opposition but had comments.
Comment 1: A commenter asked when we would notify the public of the
opening of the various areas, when the applications would become
available, and what fees we would require.
Response 1: With the publication of this final rule document, the
changes become effective. We will be issuing press releases both
locally in the affected areas and nationally from the Headquarters of
the National Wildlife Refuge System and the U.S. Fish and Wildlife
Service. Interested hunters should contact the particular refuge that
they wish to visit for application and fee information. We maintain a
list of all of the national wildlife refuges on our National Wildlife
Refuge System homepage (link: https://www.fws.gov/refuges/). Look for
the ``Find Your Refuge'' section on the first page and you can query
the system by State, zip code, alphabetically by refuge or other means
via the pull-down menu. Once you link to the refuge of interest, you
will find their address, phone number, and a link to their individual
Web sites.
Comment 2: We received six comments (from 4 different individuals)
expressing concern regarding the Minnesota Valley National Wildlife
Refuge's proposed prohibition on falconry. They state we offered no
explanation for this prohibition, and they contend that falconry is a
legal means of hunting/take in the State of Minnesota as it is in 49 of
the 50 States. They object strongly to what appears to be prejudicial
and a ``denied equitable public opportunity'' on the refuge and request
that we remove such a bias from the regulations by allowing falconry.
One commenter goes on to say that ``clear regulatory or policy guidance
to permit falconry on all refuge properties would assist refuge
managers and personnel development refuge management plans.'' This
requestor also, ``respectfully requests on all refuge properties where
take is allowed by archery methods only, that falconry also be
permitted.''
Response 2: Upon further examination of this condition, the refuge
has decided to reverse their decision regarding falconry hunting as a
means of take for migratory birds on Minnesota Valley National Wildlife
Refuge and allow this opportunity. Due to the small number of hunters
that practice falconry, the method used with this hunting technique,
and the average success rate of this hunting method, we believe that
this change will be insignificant in its direct, indirect, and
cumulative impact. The factors considered in our analysis include the
impact of this activity on overall migratory bird harvest, habitat
conditions, interactions with other user groups, falconry hunter
numbers, and economic gain or loss associated with this type of
hunting.
As far as policy specific to falconry, Service policy 605 FW 2.7M
Special Hunts stipulates, ``We will address special types of hunts,
such as falconry, in the hunt section of the visitor service plan
(VSP).'' In other words, each refuge manager when developing their
step-down visitor service's plan (which would include a hunt plan, if
appropriate) from their Comprehensive Conservation Plan, must first
determine if hunting is compatible. Assuming it is found to be
compatible, the refuge manager would next determine the conduct of the
hunt which might include the use of falconry. A refuge manager has
discretion to prohibit hunting, and specifically falconry, in certain
cases such as if endangered or threatened species are present; thus it
is decided individually on a refuge-by-refuge basis.
Comment 3: A commenter supports the proposed rule to open Crane
Meadows National Wildlife Refuge to deer and turkey hunting and to
expand hunting at nine other refuges across the country and agrees that
the rule meets the intent of the National Wildlife Refuge System
Improvement Act to provide opportunities for wildlife-dependent
activities, including hunting, when these activities are compatible
with refuge purposes and with the mission and purposes of the National
Wildlife Refuge System. The commenter wonders why in the SUPPLEMENTARY
INFORMATION section of the proposed rule that Executive Order 13443 is
not included along with other mentioned Executive Orders (E.O.) and
urges us to add this E.O. to the list of others with which we must
comply and make this E.O. a standard part of any future proposed rule
that opens or expands wildlife-dependent activities on national
wildlife refuges.
Response 3: The very nature of this rule to open and expand hunting
on national wildlife refuges is consistent with the purpose of
Executive Order 13443 (Facilitation of Hunting Heritage and Wildlife
Conservation). However, we are not including reference to the E.O. in
the Required Determinations section of the rule because all of the
E.O.s and Acts that are contained in that section of the rule require
that a substantive determination be made as part of the regulatory
process, whereas E.O. 13443 states that agencies should consider
certain things in developing their policies but does not require that a
specific determination be made in analyzing the substance of the E.O.
as it might be impacted by the proposed regulation (emphasis added). We
do consider the broad precepts of E.O. 13443 in developing the hunting
regulations, but there is no affirmative obligation to assert that an
agency has complied with that specific E.O.
As the commenter correctly observes, this proposed rule does meet
the intent of the National Wildlife Refuge System Improvement Act to
provide opportunities for wildlife-dependent activities, including
hunting, when these activities are compatible with refuge purposes and
with the mission and purposes of the National Wildlife Refuge System.
They also correctly note that in the SUPPLEMENTARY INFORMATION section
of the proposed rule we reference the Improvement Act and the fact that
it established six wildlife-dependent recreation uses, including
hunting, as priority general public uses.
We have added a sentence to the SUPPLEMENTARY INFORMATION section
of this final rulemaking to indicate that we consider the role of
facilitating hunting heritage in expanding hunting opportunities on
national wildlife refuges consistent with the agency's mission.
Comment 4: Seventeen commenters expressed objection to the concept
of allowing any more hunting on national wildlife refuges. Their
statements ranged from `` * * * too many people, too few animals'' to
``I think the fact that it is a National Wildlife `Refuge' should mean
just that.''
Response 4: The 1966 National Wildlife Refuge System Administration
Act, which was amended by the 1997 National Wildlife Refuge System
Improvement Act, stipulates that hunting (along with fishing, wildlife
observation and photography, and
[[Page 56056]]
environmental education and interpretation), if found to be compatible,
is a legitimate and priority general public use of a refuge and should
be facilitated. The Administration Act authorizes the Secretary to
allow use of any refuge area for any purpose as long as those uses are
compatible. In the case of each refuge opening/expansion in this rule,
the refuge managers went through the compatibility process (which
allows for public comment), in addition to complying with the National
Environmental Policy Act (42 U.S.C. 4321 et seq.) (NEPA) (which also
allows for public comment) to make the determination before opening the
refuge to hunting or expanding the hunting opportunities on the refuge.
We made no change to the regulations as a result of these comments.
Comment 5: A commenter expressed opposition to opening Arapaho
National Wildlife Refuge in Colorado to elk hunting.
Response 5: Elk are found throughout the refuge and are the most
numerous big game species on the refuge. The wintering elk population
has continued to grow, from 200 to 300 elk in 1988 to approximately
1,500 to 1,800 elk on the refuge in recent years.
The primary objective of the elk hunt is to increase the dispersal
of elk onto adjacent lands where they will be available to more
hunters, and to harvest a small percentage of the population on the
refuge thereby lessening the impacts to all native species, including
migratory birds. The elk hunt will also provide a new, quality hunting
opportunity for hunters with a focus on youth hunters and hunters with
disabilities. Refuge managers determined that it is advisable to take
management action before the elk population reaches the point where it
does long-term damage to the environment and adversely affects other
native flora and fauna species.
Without a reduction in elk numbers, sections of the Illinois River
on the refuge will continue to be impacted by wintering elk. Elk can
have a severe impact on establishment and long-term health of willow
stands, making achievement of refuge habitat objectives unlikely. If
the refuge elk population continues to grow, it will eventually exceed
the carrying capacity of the available habitat. We will continue to
monitor the population, coordinate with the Colorado Department of
Wildlife, limit hunter participation, and establish bag limits to
ensure the population will not be adversely affected by managed
hunting.
We made no change to the regulations as a result of this comment.
Comment 6: A commenter from the State of Texas, although supportive
of the rulemaking, felt it was important to require ``* * * those
utilizing these great resources to take appropriate hunter and
bowhunter education courses. This will make sure that all hunters have
been exposed to safety and ethical issues that will insure a safer
hunting environment.''
Response 6: We concur with the commenter. As discussed in the
introductory paragraph of each hunting and/or sport fishing category
for nearly every refuge under each State in 50 CFR part 32, we
stipulate that we allow hunting and/or sport fishing activities in
accordance with State regulations subject, in many cases, to conditions
that follow in the refuge-specific regulations. Regulations allowing
hunting of wildlife within the Refuge System must be, to the extent
practicable, consistent with State fish and wildlife laws, regulations,
and management plans; therefore, we do not reiterate those regulations
in our regulations (see Fish and Wildlife Service policy 605 FW 2.3B).
In the case of Texas, State regulations require that big game
hunters have a bowhunting/hunter education certificate in their
possession when hunting. Although we do not specifically restate this
in our Texas refuge-specific regulations, our refuges do comply with
this State law, which would include requiring this certificate for big
game hunters. Further, at each refuge, there are brochures available to
the hunter that go into detail about this State and refuge requirement.
We made no changes to the rule as a result of this comment.
Comment 7: A commenter indicated they would like to see deer and
hog hunting allowed by archery means only on Bayou Sauvage National
Wildlife Refuge (NWR) in the State of Louisiana.
Response 7: This urban refuge (within the city limits) is closed to
big game hunting (the category of hunting under which one would find
large species such as deer and hog); therefore this comment is not
germane to this rulemaking. We made no change to the regulation as a
result of this comment.
Comment 8: A commenter asked why we do not allow feral pig hunting
at Merritt Island NWR in Florida as ``they have a terrible feral pig
problem'' there. Also the same commenter questioned the need for a
waterfowl hunt as wintering waterfowl numbers have dropped from 120,000
to under 18,000 in the past 10 years.
Response 8: Merritt Island National Wildlife Refuge is an overlay
of the Kennedy Space Center (KSC) and the Service manages NASA's lands
through an agreement. Prior to NASA's purchase of the lands for KSC,
much of the area was owned by several large hunt clubs and when the
property was sold, the prominent hunt club members desired retaining
hunting privileges. When NASA entered into the agreement with the
Service to establish the refuge, it specified waterfowl hunting would
continue. Since 1963, the year we established the refuge, we have
allowed waterfowl hunting in selected locations outside the restricted
area of KSC.
The refuge hunt program has evolved over the years in response to
changing waterfowl populations, waterfowl use patterns, habitat
conditions, and changes in the public use program. The length of the
season, days of the week open to hunting, number and size of hunt
areas, and ways and means for issuing permits have changed frequently
over the past 48 years. Presently 36,000 acres of the 140,000-acre
Merritt Island NWR are open to waterfowl hunting and are subdivided
into four hunt areas (Hunt Areas 1 through 4). The refuge has a
concurrent season with the State of Florida, except the refuge is open
to hunting 3 days per week (Wednesday, Saturday, and Sunday) from legal
shooting time until 1 p.m. We require a refuge hunt permit (signed
brochure), a State-approved hunter safety training certificate, and a
quota permit (State permit) for Hunt Areas 1 and 4 for the months of
November and December.
Waterfowl populations have declined on the refuge for at least 10
years. The refuge staff is concerned about the decline, but it is
unclear if the cause is fewer birds migrating to Florida, a shift in
the Florida wintering population to other parts of the State (the
decline seems to coincide with new habitat being created for Everglades
restoration), or excessive hunting pressure on the refuge. In March of
this year, following the 2010-2011 Waterfowl Season, refuge personnel
met with the Florida Fish and Wildlife Commission and waterfowl hunter
stakeholders (representatives from Ducks Unlimited and United
Waterfowlers), to discuss solutions to improve waterfowl hunting and
address the decline in the refuge waterfowl populations. As a result of
this meeting, the consensus was to attempt to improve the quality of
the habitat conditions on the refuge but not make any immediate changes
to the hunt program. The refuge will continue to monitor the waterfowl
population but, at least for now, does not propose any
[[Page 56057]]
additional changes to the waterfowl regulations.
With respect to the issue of opening the refuge to feral hog
hunting, the refuge has never been open to big game hunting. However in
2006, when they completed the Comprehensive Conservation Plan for the
refuge, they made provisions to evaluate opening the northern quarter
of the refuge to feral hog and deer hunting. The refuge currently uses
hog trappers under permit to remove feral hogs, and those trappers
remove between 2,500 to 3,000 animals annually through this program at
no cost to the refuge. The feral hog removal program is fairly
effective, and at this time we do not wish to introduce a public hunt
into the mix. A public hunt may provide a short-term advantage of
reducing the population quickly in the area of the hunt, but, in the
long run, the constant pressure afforded by the hog trappers in all
areas of the refuge may provide a more effective long-term control.
However, the refuge plans to evaluate implementing a feral hog hunt
when the feral hog permits expire. No changes were made to this final
rule as a result of this comment.
Comment 9: A commenter asked how we would pay for supervision of
hunting activity in these proposed areas given the budgetary
constraints that currently exist and that are likely to become more
stringent. Also, do we believe we can properly supervise the hunts
under the circumstances?
Response 9: When developing the Comprehensive Conservation Plans
and step-down hunting plans for each refuge, the refuge manager takes
into account budgetary needs for increased hunting opportunities.
Basically, the refuge would not be proposing the activity (or increased
activity) if it did not anticipate that there was enough funding to
ensure compatibility and to administer and to manage the hunts.
Typically, you can find this discussion under the ``Staffing and
Funds'' section of each refuge's hunt plans, which were made publicly
available when first issued, and remain available at each station's Web
site. In some cases, an existing hunt program is in place and the
refuge does not anticipate a drastic change in staffing or funding
requirements. As refuge law enforcement can be a collateral duty for
refuge staff, they may occasionally ``borrow'' law enforcement as
needed from other refuges. For other refuges, non-law enforcement staff
time does not increase greatly since generally all hunting seasons and
permitting will be handled according to State regulations. Some refuges
also see some budgetary relief in user fees which they believe are
sufficient to cover increased opportunities. Some refuges state that
there would be some costs associated with a hunting program in the form
of brochures, instructional sign needs, and law enforcement. These
refuges expect that the costs should be minimal relative to total
refuge operations and maintenance costs and would not diminish
resources dedicated to other refuge management programs.
However, the refuges do acknowledge there will be some additional
staff workload in order to administer new hunting opportunities and
this factors into the decision to allow those opportunities. Finally,
as discussed earlier in this SUPPLEMENTARY INFORMATION section, with
the passage of the National Wildlife Refuge Improvement Act of 1997,
Congress mandated that hunting was one of the six priority general
public uses that refuge managers were to facilitate when compatible, so
to the extent possible and practicable, we adhere to that directive.
We made no change to the regulations as a result of this comment.
Comment 10: A commenter, although supportive of the additional
hunting opportunity in Iowa, wondered why we impose additional
requirements such as ``steel shot only'' on all our public hunting
areas. The commenter points out that steel is costly and does not
believe that it has been proven that the steel shot requirement has had
a positive effect on migratory birds.
Response 10: Waterfowl and migratory birds can get lead poisoning
by ingesting lead shot when they feed (see https://www.fws.gov/sacramento/ec/lead%20shot.htm). In the November 21, 1986, Federal
Register (51 FR 42103) we began the conversion to nontoxic shot
nationwide for waterfowl hunting on refuges, which we implemented in
the 1991-1992 hunting season. At that time, refuges were implementing
the nontoxic shot requirement on a refuge-by-refuge basis, and multiple
rules were published (an example would be the June 19, 1991, Federal
Register (56 FR 28133)). The Service oversees the approval process for
alternative shot types in the United States. We specifically identify
the shot allowed in areas of the Refuge System by reference to the shot
identified in 50 CFR 20.21(j). We sometimes grant new shot types
conditional approvals until we complete all necessary studies. These
conditional approvals may change yearly, and we add new shot types to
our approved list as they meet our criteria. You can link to the
following Web sites concerning lead shot that contain more background
information on this issue:
https://www.lab.fws.gov/shotpellets_leadshot.php; https://www.fws.gov/sacramento/ec/lead%20shot.htm;
https://www.fws.gov/contaminants/DisplayNews.cfm?NewsID=4DAA500C-3E21-4564-87AA714E9E301C9E.
You can find many other Web sites concerning lead shot by
conducting an Internet search.
We made no change to the regulations as a result of this comment.
Comment 11: We received a comment regarding the proposed youth hunt
at Bayou Sauvage National Wildlife Refuge in Louisiana. The commenter
notes that the proposed hunt would allow hunting within 500 feet of
Venetian Isle, a dense population of waterfront homes within the New
Orleans city limits, and believes that not only should we prohibit
hunting within the city limits but that the hunting boundaries should
be at least 1 mile from homes. Further, the commenter doesn't want to
be awakened by gunfire on weekend mornings.
Response 11: The National Wildlife Refuge System Improvement Act of
1997 identifies hunting as a priority public use, and providing
opportunities for fish and wildlife public uses in an urban setting is
an established purpose of the refuge. Given this supporting legislation
and the significant public support for hunting on Bayou Sauvage NWR, it
is important that these opportunities are available to the public.
Our goal is to ensure that hunting is balanced with the other
priority public uses of environmental education, wildlife observation,
interpretation, fishing, and photography. Thus, we have designated the
interior units (57 percent of the refuge) as closed to hunting to allow
ample opportunities for the other five priority uses. Additionally, we
allow hunting only 4 days per week until 12 (noon), and these units
will be open to fishing and other activities during nonhunting times.
The youth hunt we are proposing is for migratory bird hunting,
unlike comment 7 whichi dealt with big game hunting. The ammunition
used for these two types of hunting is different. Bird shot has a
different trajectory and much less mass than a rifled slug or bullet
and would not travel as far as those ammunitions used in big game
hunting. Under these circumstances, we feel the prohibition of hunting
within 500 feet (150 m) of residences adequately provides for public
safety. On two other Louisiana refuges, Big Branch Marsh and Bogue
Chitto, we allow hunting
[[Page 56058]]
within 150 feet (45 m) of roads, trails, residences, and public
facilities. In order to reduce potential noise associated with hunting
activities near Venetian Isles, the areas located outside the hurricane
protection levee, immediately west and south of Venetian Isles, between
the former Bayou Sauvage channel and the railroad tracks will be posted
closed to hunting. We made no changes to this regulation as a result of
the comment.
Comment 12: A commenter questioned the ``rigorous scientific
research into the status of refuge wildlife populations'' and whether
we were using this information to guide refuge planning. The commenter
went on to say that a determination must be made that ``wildlife are
surplus to a balanced conservation program on any wildlife area,'' and
that ``unless the species is damaging or destroying federal property
within a refuge, the species cannot be subject to live removal or
lethal control, including through official animal control operations.''
They believe that ``refuges often fail to have refuge specific
monitoring of harvest levels,'' and discussed the concept of an
``inviolate sanctuary.'' Finally, the commenter believes that since
``21 million people visit refuges for wildlife observation'' and ``only
1.4 million visit to hunt or trap'' that nonconsumptive users should
enjoy a higher priority when it comes to use of refuge lands.
Response 12: As discussed in the response to Comment 4, and as
Comment 12 acknowledges, ``the Refuge Improvement Act upgrades hunting
and fishing to a priority use * * *''. Each refuge manager gives the
decision to allow hunting on a particular refuge rigorous examination.
A Comprehensive Conservation Plan (CCP), a 15-year plan for the refuge,
is generally the first step a refuge manager takes. Our policy for
managing units of the Refuge System is that we will manage all refuges
in accordance with an approved CCP which, when implemented, will
achieve refuge purposes; help fulfill the Refuge System mission;
maintain and, where appropriate, restore the ecological integrity of
each refuge and the Refuge System; help achieve the goals of the
National Wilderness Preservation System; and meet other mandates. The
CCP will guide management decisions and set forth goals, objectives,
and strategies to accomplish these ends. The next step for refuge
managers is step-down plans, of which hunting would be one step-down
plan. Part of the process for opening a refuge to hunting after
completing the step-down plan would be appropriate compliance with the
National Environmental Policy Act (NEPA), typically an environmental
assessment accompanied by the appropriate decision documentation
(Record of Decision, Finding of No Significant Impact, or an
Environmental Action Memorandum or Statement). The CCP, hunt plan, and
NEPA all receive public comment as does the proposed rule, before the
final rule is published in the Federal Register. After publication of
the final rule, we allow hunting on a refuge.
In sum, this illustrates that the decision to allow hunting on a
national wildlife refuge is not a quick or simple process. It is full
of deliberation and discussion, including review of all available data
to determine the relative health of a population before we allow it to
be hunted. In the case of migratory game bird hunting, the Service
annually prescribes frameworks for dates and times when migratory bird
hunting may occur in the United States, and the number of birds that
hunters may take and possess. We write these regulations after giving
due regard to the zones of temperature and to the distribution,
abundance, economic value, breeding habits, and times and lines of
migratory flight of such birds, and we update the information annually.
Under the Migratory Bird Treaty Act (16 U.S.C. 703-712), Congress
authorized the Secretary of the Interior to determine when ``hunting,
taking, capture, killing, possession, sale, purchase, shipment,
transportation, carriage, or export of any * * * bird, or any part,
nest, or egg'' of migratory game birds can take place, and to adopt
regulations for this purpose. The Secretary of the Interior delegated
this responsibility to the Service as the lead Federal agency for
managing and conserving migratory birds in the United States.
Because the Service is required to take abundance of migratory
birds and other factors into consideration, we undertake a number of
surveys throughout the year in conjunction with the Canadian Wildlife
Service, State and Provincial wildlife management agencies, and others.
To determine the appropriate frameworks for each species, we consider
factors such as population size and trend, geographical distribution,
annual breeding effort, the condition of breeding and wintering
habitat, the number of hunters, and the anticipated harvest. After we
establish frameworks for season lengths, bag limits, and areas for
migratory bird hunting, migratory game bird management becomes a
cooperative effort of State and Federal Governments. After Service
establishment of final frameworks for hunting seasons, the States may
select season dates, bag limits, and other regulatory options for the
hunting seasons.
As discussed in the Cumulative Impacts Report that we posted on
https://www.regulations.gov under Docket No. FWS-R9-NSR-2011-0038, along
with the proposed rule on the day of publication (July 5, 2011), we
took a look at the cumulative impact that the 2011-2012 proposed rule
would have on migratory birds, resident wildlife, nonhunted migratory
and resident wildlife, threatened and endangered species, habitats and
plant resources, other wildlife-dependent recreational uses, physical
resources (air, water, soils), cultural resources, refuge facilities,
solitude, and cumulative socioeconomic impacts.
This rule proposes to expand migratory bird hunting on five
refuges. Collectively, we estimate that this proposed hunting action
will result in the take of 2,450 ducks or .019 percent of the estimated
national harvest and the take of 650 geese or .02 percent of the
estimated national harvest. In short, we project that harvests of these
species on the five refuges will constitute an extremely minor
component of the national harvests.
We allow hunting of resident wildlife on national wildlife refuges
only if such activity has been determined compatible with the
established purpose(s) of the refuge and the mission of the Refuge
System as required by the Administration Act. Hunting of resident
wildlife on national wildlife refuges generally occurs consistent with
State regulations, including seasons and bag limits. Refuge-specific
hunting regulations can be more restrictive (but not more liberal) than
State regulations and often are in order to help meet specific refuge
objectives. These include resident wildlife population and habitat
objectives, minimizing disturbance impacts to wildlife, maintaining
high-quality opportunities for hunting and other wildlife-dependent
recreation, eliminating or minimizing conflicts with other public uses
and/or refuge management activities, and protecting public safety.
The proposed actions involving resident wildlife hunting include
three refuges allowing this type of hunting for the first time and
expanding this type of hunting on six refuges. Please consult the
Cumulative Impacts Report at the site referenced above for more in-
depth discussion, but in sum, none of the known, estimated or projected
harvests of big game, small or upland game species resulting from the
proposed hunting activities on refuges were determined or expected to
have
[[Page 56059]]
significant adverse direct, indirect or cumulative impacts to any big
game, small, or upland wildlife population.
The Migratory Bird Conservation Act of 1929 (16 U.S.C. 715 et seq.)
authorizes acquisition of refuges as ``inviolate sanctuaries'' where
the birds could rest and reproduce in total security. In 1949, this
``inviolate sanctuary'' concept was modified by an amendment to the
Migratory Bird Hunting and Conservation Stamp Act which permitted
hunting on up to 25 percent of each inviolate refuge. Another amendment
to the Migratory Bird Hunting and Conservation Stamp Act in 1958
increased the total area of an inviolate refuge that could be opened
for hunting to up to 40 percent.
Whether an area is an inviolate sanctuary is a function of the
mechanism of its creation. If a refuge was acquired as an inviolate
sanctuary, only 40 percent of the refuge area may be opened at one time
for hunting of migratory game birds. However, if the refuge was not
acquired as an inviolate sanctuary, 100 percent of the refuge area may
be opened for hunting.
The Fish and Wildlife Improvement Act of 1978 amended section 6 of
the National Wildlife Refuge System Administration Act of 1966 (16
U.S.C. 668dd) to provide for the opening of all or any portion of an
inviolate sanctuary to the taking of migratory birds if taking is
determined to be beneficial to the species. Such opening of more than
40 percent of the inviolate sanctuary to hunting is determined by
species. This amendment refers to inviolate sanctuaries created in the
past or to be created in the future. It has no application to areas
acquired for other management purposes.
Most refuge hunt programs have established refuge-specific
regulations to improve the quality of the hunting experience as well as
provide for quality wildlife-dependent experiences for other users.
Refuge visitor use programs are adjusted, as needed to eliminate or
minimize conflicts between users. Virtually all of the refuges open to
hunting and other wildlife-dependent recreational uses use time and
space zoning as an effective method to reduce conflicts between hunting
and other uses. Eliminating or restricting overlap between hunt areas
and popular areas from other wildlife-dependent recreation allows
opportunity for other users to safely enjoy the refuge in nonhunted
areas during hunting seasons. Restrictions on the number of hunters and
the time in which they could hunt are also frequently used to minimize
conflicts between user groups. Public outreach accompanying the opening
of hunting seasons is frequently used to make other wildlife-dependent
recreational users aware of the seasons and minimize conflicts. We made
no changes to the regulations as a result of this comment.
Effective Date
This rule is effective upon publication in the Federal Register. We
have determined that any further delay in implementing these refuge-
specific hunting and sport fishing regulations would not be in the
public interest, in that a delay would hinder the effective planning
and administration of the hunting and fishing programs. We provided a
30-day public comment period for the July 5, 2011, proposed rule. An
additional delay would jeopardize holding the hunting and/or fishing
programs this year or shorten their duration and thereby lessen the
management effectiveness of this regulation. This rule does not impact
the public generally in terms of requiring lead time for compliance.
Rather it relieves restrictions in that it allows activities on refuges
that we would otherwise prohibit. Therefore, we find good cause under 5
U.S.C. 553(d)(3) to make this rule effective upon publication.
Amendments to Existing Regulations
This document codifies in the Code of Federal Regulations
amendments to 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. This
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
--------------------------------------------------------------------------------------------------------------------------------------------------------
National Wildlife Refuge State Migratory bird hunting Upland game 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
[[Page 56060]]
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 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'').
Regulatory Planning and Review
The Office of Management and Budget (OMB) has determined that this
rule is not significant under Executive Order 12866 (E.O. 12866). OMB
bases its determination on the following four criteria:
(a) Whether the rule will have an annual effect of $100 million or
more on the economy or adversely affect an economic sector,
productivity, jobs, the environment, or other units of the government.
(b) Whether the rule will create inconsistencies with other Federal
agencies' actions.
(c) Whether the rule will materially affect entitlements, grants,
use fees, loan programs, or the rights and obligations of their
recipients.
(d) Whether the rule raises novel legal or policy issues.
Regulatory Flexibility Act
Under the Regulatory Flexibility Act (as amended by the Small
Business Regulatory Enforcement Fairness Act [SBREFA] of 1996) (5
U.S.C. 601 et seq.), whenever a Federal agency is required to publish a
notice of rulemaking for any proposed or final rule, it must prepare
and make available for public comment a regulatory flexibility analysis
that describes the effect of the rule on small entities (i.e., small
businesses, small organizations, and small government jurisdictions).
However, no regulatory flexibility analysis is required if the head of
an agency certifies that the rule would not have a significant economic
impact on a substantial number of small entities. Thus, for a
regulatory flexibility analysis to be required, impacts must exceed a
threshold for ``significant impact'' and a threshold for a
``substantial number of small entities.'' See 5 U.S.C. 605(b). SBREFA
amended the Regulatory Flexibility Act to require Federal agencies to
provide a statement of the factual basis for certifying that a rule
would not have a significant economic impact on a substantial number of
small entities.
This rule adds 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.
Table 2--Estimated Change in Recreation Opportunities in 2011/2012
------------------------------------------------------------------------
Additional Additional
Refuge user 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
[[Page 56061]]
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 maximum Addition as % Establishments Establ. with
Refuge/county(ies) in 2007 (2010 addition from of total in 2008 <10 emp in
$ ) new activities 2008
----------------------------------------------------------------------------------------------------------------
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
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
rule, it is unlikely that a substantial number of small entities will
have more than a small impact from the spending change near the
affected refuges. Therefore, we certify that this rule will not have a
significant economic effect on a substantial number of small entities
as defined under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.).
An initial/final Regulatory Flexibility Analysis is not required.
Accordingly, a Small Entity Compliance Guide is not required.
Small Business Regulatory Enforcement Fairness Act
The rule is not a major rule under 5 U.S.C. 804(2), the Small
Business Regulatory Enforcement Fairness Act. We anticipate no
significant
[[Page 56062]]
employment or small business effects. This rule:
a. Will not have an annual effect on the economy of $100 million or
more. The minimal impact will be scattered across the country and will
most likely not be significant in any local area.
b. Will not cause a major increase in costs or prices for
consumers; individual industries; Federal, State, or local government
agencies; or geographic regions. This rule will have only a slight
effect on the costs of hunting opportunities for Americans. If the
substitute sites are farther from the participants' residences, then an
increase in travel costs will occur. The Service does not have
information to quantify this change in travel cost but assumes that,
since most people travel less than 100 miles to hunt, the increased
travel cost will be small. We do not expect this rule to affect the
supply or demand for hunting opportunities in the United States and,
therefore, it should not affect prices for hunting equipment and
supplies, or the retailers that sell equipment.
c. Will not have significant adverse effects on competition,
employment, investment, productivity, innovation, or the ability of
United States-based enterprises to compete with foreign-based
enterprises. This rule represents only a small proportion of
recreational spending at national wildlife refuges. Therefore, this
rule will have no measurable economic effect on the wildlife-dependent
industry, which has annual sales of equipment and travel expenditures
of $72 billion nationwide.
Unfunded Mandates Reform Act
Since this rule applies to public use of federally owned and
managed refuges, it will not impose an unfunded mandate on State,
local, or Tribal governments or the private sector of more than $100
million per year. The rule will not have a significant or unique effect
on State, local, or Tribal governments or the private sector. A
statement containing the information required by the Unfunded Mandates
Reform Act (2 U.S.C. 1531 et seq.) is not required.
Takings (E.O. 12630)
In accordance with E.O. 12630, this rule does not have significant
takings implications. This regulation affects only visitors at national
wildlife refuges and describes what they can do while they are on a
refuge.
Federalism (E.O. 13132)
As discussed in the Regulatory Planning and Review and Unfunded
Mandates Reform Act sections above, this rule does not have sufficient
Federalism implications to warrant the preparation of a federalism
summary impact statement under E.O. 13132. In preparing this rule, we
worked with State governments.
Civil Justice Reform (E.O. 12988)
In accordance with E.O. 12988, the Office of the Solicitor has
determined that the rule does not unduly burden the judicial system and
that it meets the requirements of sections 3(a) and 3(b)(2) of the
Order. The regulation clarifies established regulations and will result
in better understanding of the regulations by refuge visitors.
Energy Supply, Distribution or Use (E.O. 13211)
On May 18, 2001, the President issued E.O. 13211 on regulations
that significantly affect energy supply, distribution, and use. E.O.
13211 requires agencies to prepare Statements of Energy Effects when
undertaking certain actions. Because this rule increases activities at
nine refuges and opens 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 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
rulemaking, we have complied with NEPA at the project level when
developing eac