2017-2018 Refuge-Specific Hunting and Sport Fishing Regulations, 37398-37417 [2017-16374]

Agencies

• Fish and Wildlife Service
• DEPARTMENT OF THE INTERIOR

[Federal Register Volume 82, Number 153 (Thursday, August 10, 2017)]
[Proposed Rules]
[Pages 37398-37417]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-16374]


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

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 32

[Docket No. FWS-HQ-NWRS-2017-0005; FXRS12650900000-178-FF09R26000]
RIN 1018-BB75


2017-2018 Refuge-Specific Hunting and Sport Fishing Regulations

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule.

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

SUMMARY: We, the U.S. Fish and Wildlife Service, propose to increase 
the hunting activities available at nine National Wildlife Refuges 
(NWR), open one NWR to sport fishing for the first time, and add 
pertinent refuge-specific regulations for other NWRs that pertain to 
migratory game bird hunting, upland game hunting, big game hunting, and 
sport fishing for the 2017-2018 season.

DATES: We will accept comments received or postmarked on or before 
September 11, 2017.

ADDRESSES: You may submit comments by one of the following methods:
     Electronically: Go to the Federal eRulemaking Portal: 
https://www.regulations.gov. In the Search box, type in FWS-HQ-NWRS-
2017-0005, which is the docket number for this rulemaking. Then click 
on the Search button. On the resulting screen, find the correct 
document and submit a comment by clicking on ``Comment Now!''
     By hard copy: Submit by U.S. mail or hand delivery: Public 
Comments Processing, Attn: FWS-HQ-NWRS-2017-0005; Division of Policy, 
Performance, and Management Programs; U.S. Fish and Wildlife Service; 
5275 Leesburg Pike, MS: BPHC; Falls Church, VA 22041-3803.
    We will not accept email or faxes. We will post all comments on 
https://www.regulations.gov. This generally means that we will post any 
personal information you provide us (see Request for Comments, below, 
for more information). For information on specific refuges' public use 
programs and the conditions that apply to them or for copies of 
compatibility determinations for any refuge(s), contact individual 
programs at the addresses/phone numbers given in Available Information 
for Specific Refuges under SUPPLEMENTARY INFORMATION.

FOR FURTHER INFORMATION CONTACT: Katherine Harrigan, (703) 358-2440.

SUPPLEMENTARY INFORMATION: The National Wildlife Refuge System 
Administration Act of 1966 closes NWRs 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 the use is compatible with the purposes of 
the refuge and National Wildlife Refuge System mission. The action also 
must be in accordance with provisions of all laws applicable to the 
areas, developed in coordination with the appropriate State fish and 
wildlife agency(ies), consistent with the principles of sound fish and 
wildlife management and administration, and otherwise in the public 
interest. These requirements ensure that we maintain the biological 
integrity, diversity, and environmental health of the Refuge System for 
the benefit of present and future generations of Americans.
    We annually review refuge hunting and sport fishing programs to 
determine whether to include additional refuges or whether individual 
refuge regulations governing existing programs need modifications. 
Changing environmental conditions, State and Federal regulations, and 
other factors affecting fish and wildlife populations and habitat may 
warrant modifications to refuge-specific regulations to ensure the 
continued compatibility of hunting and sport fishing programs and to 
ensure that these programs will not materially interfere with or 
detract from the fulfillment of refuge purposes or the Refuge System's 
mission.
    Provisions governing hunting and sport fishing on refuges are in 
title 50 of the Code of Federal Regulations in part 32 (50 CFR part 
32). We regulate hunting and sport fishing on refuges to:
     Ensure compatibility with refuge purpose(s);
     Properly manage 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, 
below. 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 may 
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

[[Page 37399]]

Administration Act in a manner that provides an ``organic act'' for the 
Refuge System, similar to organic acts 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 fishing in 50 CFR part 
32. We ensure continued compliance by the development of comprehensive 
conservation plans and step-down management plans, and by annual review 
of hunting and sport fishing programs and regulations.

Amendments to Existing Regulations

    This document proposes to codify in the Code of Federal Regulations 
all of the Service's hunting and/or sport fishing regulations that we 
would update since the last time we published a rule amending these 
regulations (81 FR 68874; October 4, 2016) and that are applicable at 
Refuge System units previously opened to hunting and/or sport fishing. 
We propose 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 may find them reiterated in literature 
distributed by each refuge or posted on signs.

                                                  Table 1--Changes for 2017-2018 Hunting/Fishing Season
--------------------------------------------------------------------------------------------------------------------------------------------------------
         Refuge/Region (*)                    State          Migratory bird hunting   Upland game hunting      Big game hunting        Sport fishing
--------------------------------------------------------------------------------------------------------------------------------------------------------
Baskett Slough (1).................  Oregon................  C.....................  Closed...............  Closed...............  Closed.
Des Lacs (6).......................  North Dakota..........  Closed................  Already Open.........  C/D..................  Closed.
Fox River (3)......................  Wisconsin.............  Closed................  Closed...............  C....................  Closed.
Horicon (3)........................  Wisconsin.............  D.....................  C/D..................  C....................  Already Open.
Minnesota Valley (3)...............  Minnesota.............  C.....................  C....................  C....................  Already Open.
Patoka River (3)...................  Indiana...............  C.....................  C....................  C....................  C.
Savannah River (4).................  Georgia and South       C/D...................  C/D..................  C/D..................  Already Open.
                                      Carolina.
Sequoyah (2).......................  Oklahoma..............  Already Open..........  C....................  C....................  Already Open.
Siletz Bay (1).....................  Oregon................  Already Open..........  Closed...............  Closed...............  B.
Upper Souris (6)...................  North Dakota..........  Closed................  C/D..................  C/D..................  Already Open.
--------------------------------------------------------------------------------------------------------------------------------------------------------
* number in () refers to the Region as defined in the preamble to this proposed rule under Available Information for Specific Refuges.
Key:
A = New refuge opened
B = New activity on a refuge previously open to other activities
C = Refuge already open to activity, but added new lands/waters or modified areas open to hunting or fishing
D = Refuge already open to activity but added new species to hunt

    The changes for the 2017-18 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/fish-tech.

Plain Language Mandate

    In this proposed rule, we propose some of the revisions to the 
individual refuge units to comply with a Presidential mandate to use 
plain language in regulations; 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 (e.g., ``We restrict entry into the refuge'' vs. ``Entry into the 
refuge is restricted'').

[[Page 37400]]

Request for Comments

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

Public Comment

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

Clarity of This Proposed Rule

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

Executive Order 13771--Reducing Regulation and Controlling Regulatory 
Costs

    This action is not subject to Executive Order (E.O.) 13771 (82 FR 
9339, February 3, 2017) because it is issued with respect to routine 
hunting and fishing activities.

Regulatory Planning and Review (Executive Orders 12866 and 13563)

    Executive Order 12866 provides that the Office of Information and 
Regulatory Affairs (OIRA) will review all significant rules. OIRA has 
determined that this rulemaking is not significant.
    Executive Order 13563 reaffirms the principles of E.O. 12866 while 
calling for improvements in the nation's regulatory system to promote 
predictability, to reduce uncertainty, and to use the best, most 
innovative, and least burdensome tools for achieving regulatory ends. 
The executive order directs agencies to consider regulatory approaches 
that reduce burdens and maintain flexibility and freedom of choice for 
the public where these approaches are relevant, feasible, and 
consistent with regulatory objectives. E.O. 13563 emphasizes further 
that regulations must be based on the best available science and that 
the rulemaking process must allow for public participation and an open 
exchange of ideas. We have developed this rule in a manner consistent 
with these requirements.

Regulatory Flexibility Act

    Under the Regulatory Flexibility Act (as amended by the Small 
Business Regulatory Enforcement Fairness Act [SBREFA] of 1996) (5 
U.S.C. 601 et seq.), whenever a Federal agency is required to publish a 
notice of rulemaking for any proposed or final rule, it must prepare 
and make available for public comment a regulatory flexibility analysis 
that describes the effect of the rule on small entities (i.e., small 
businesses, small organizations, and small government jurisdictions). 
However, no regulatory flexibility analysis is required if the head of 
an agency certifies that the rule would not have a significant economic 
impact on a substantial number of small entities. Thus, for a 
regulatory flexibility analysis to be required, impacts must exceed a 
threshold for ``significant impact'' and a threshold for a 
``substantial number of small entities.'' See 5 U.S.C. 605(b). SBREFA 
amended the Regulatory Flexibility Act to require Federal agencies to 
provide a statement of the factual basis for certifying that a rule 
would not have a significant economic impact on a substantial number of 
small entities.
    This proposed rule adds one NWR to the list of refuges open to 
sport fishing and increases hunting or fishing activities on nine 
additional national wildlife refuges. As a result, visitor use for 
wildlife-dependent recreation on these NWRs will change. If the refuges 
establishing new programs were a pure addition to the current supply of 
those activities, it would mean an estimated increase of 914 user days 
(one person per day participating in a recreational opportunity, Table 
2). Because the

[[Page 37401]]

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 2017/2018
                         [Dollars in thousands]
------------------------------------------------------------------------
                                            Additional      Additional
                 Refuge                        days        expenditures
------------------------------------------------------------------------
Baskett Slough..........................               2            $0.1
Des Lacs................................              50             2.0
Fox River...............................               5             0.2
Horicon.................................             187             7.4
Minnesota Valley........................               0             0.0
Patoka River............................               0             0.0
Savannah River..........................             315            12.4
Sequoyah................................               5             0.2
Siletz Bay..............................             150             6.3
Upper Souris............................             200             7.9
                                         -------------------------------
    Total...............................             914            36.4
------------------------------------------------------------------------

    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 2011 National Survey of Fishing, Hunting, and 
Wildlife Associated Recreation to identify expenditures for food and 
lodging, transportation, and other incidental expenses. Using the 
average expenditures for these categories with the maximum expected 
additional participation of the Refuge System yields approximately 
$36,400 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 (2.27) derived from 
the report ``Hunting in America: An Economic Force for Conservation'' 
and for fishing activities (2.40) derived from the report 
``Sportfishing in America'' yields a total economic impact of 
approximately $83,500 (2016 dollars) (Southwick Associates, Inc., 
2012). 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 $83,500, 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 $16,700 annually.
    Small businesses within the retail trade industry (such as hotels, 
gas stations, taxidermy shops, bait-and-tackle shops, and similar 
businesses) may be affected by some increased or decreased refuge 
visitation. A large percentage of these retail trade establishments in 
the local communities around NWRs 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 $36,400 to be spent in total in the refuges' local 
economies. The maximum increase at most would be less than one-
hundredth of 1 percent for local retail trade spending (Table 3).

  Table 3--Comparative Expenditures for Retail Trade Associated With Additional Refuge Visitation for 2017/2018
                                            [Thousands, 2016 dollars]
----------------------------------------------------------------------------------------------------------------
                                                     Estimated
                                   Retail trade       maximum      Addition as %  Establishments   Establ. with
       Refuge/county(ies)             in 2012      addition from     of total         in 2012       <10 emp in
                                                  new activities                                       2012
----------------------------------------------------------------------------------------------------------------
Baskett Slough
    Polk, OR....................        $377,029            $0.1           <0.01             125              89
Des Lacs
    Burke, ND...................       1,988,596             1.0           <0.01             293             169
    Ward, ND....................          40,290             1.0           <0.01              10               6
Fox River
    Marquette, WI...............          74,141             0.2           <0.01              35              27
Horicon
    Dodge, WI...................         870,743             3.7           <0.01             234             159
    Fond du Lac, WI.............       1,465,969             3.7           <0.01             354             225
Minnesota Valley
    Carver, MN..................         948,923  ..............  ..............             209             132

[[Page 37402]]

 
    Dakota, MN..................       6,779,786  ..............  ..............           1,132             689
    Hennepin, MN................      25,012,109  ..............  ..............           4,209           2,657
    Le Sueur, MN................         220,214  ..............  ..............              84              58
    Scott, MN...................       1,397,711  ..............  ..............             323             215
    Sibley, MN..................          79,291  ..............  ..............              54              39
Patoka River
    Gibson, IN..................         582,859  ..............  ..............             120              84
    Pike, IN....................          75,823  ..............  ..............              31              23
Savannah River
    Chatham, GA.................       4,449,471             6.2           <0.01           1,198             851
    Effingham, GA...............         374,811             6.2           <0.01             108              79
    Jasper, SC..................         600,879             6.2           <0.01             104              80
Sequoyah
    Haskell, OK.................         149,403             0.1           <0.01              33              22
    Muskogee, OK................         970,020             0.1           <0.01             258             178
    Sequoyah, OK................         405,258             0.1           <0.01             116              86
Siletz Bay
    Lincoln, OR.................         607,106             6.3           <0.01             241             310
Upper Souris
    Renville, ND................          84,795             3.9           <0.01              12              10
    Ward, ND....................       1,988,596             3.9           <0.01             293             169
----------------------------------------------------------------------------------------------------------------

    With the small change in overall spending anticipated from this 
proposed rule, it is unlikely that a substantial number of small 
entities will have more than a small impact from the spending change 
near the affected refuges. Therefore, we certify that, if adopted as 
proposed, this rule would 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 regulatory 
flexibility analysis is not required. Accordingly, a small entity 
compliance guide is not required.

Small Business Regulatory Enforcement Fairness Act

    The proposed rule is not a major rule under 5 U.S.C. 804(2), the 
Small Business Regulatory Enforcement Fairness Act. We anticipate no 
significant employment or small business effects. This rule:
    a. Would not have an annual effect on the economy of $100 million 
or more. The minimal impact would be scattered across the country and 
would most likely not be significant in any local area.
    b. Would not cause a major increase in costs or prices for 
consumers; individual industries; Federal, State, or local government 
agencies; or geographic regions. This proposed rule would have only a 
slight effect on the costs of hunting opportunities for Americans. If 
the substitute sites are farther from the participants' residences, 
then an increase in travel costs would occur. The Service does not have 
information to quantify this change in travel cost but assumes that, 
since most people travel less than 100 miles to hunt, the increased 
travel cost would be small. We do not expect this proposed rule to 
affect the supply or demand for hunting opportunities in the United 
States, and, therefore, it should not affect prices for hunting 
equipment and supplies, or the retailers that sell equipment.
    c. Would not have significant adverse effects on competition, 
employment, investment, productivity, innovation, or the ability of 
U.S.-based enterprises to compete with foreign-based enterprises. This 
proposed rule represents only a small proportion of recreational 
spending at NWRs. Therefore, if adopted, this rule would have no 
measurable economic effect on the wildlife-dependent industry, which 
has annual sales of equipment and travel expenditures of $72 billion 
nationwide.

Unfunded Mandates Reform Act

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

Takings (E.O. 12630)

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

Federalism (E.O. 13132)

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

Civil Justice Reform (E.O. 12988)

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

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

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

[[Page 37403]]

distribution, and use. E.O. 13211 requires agencies to prepare 
Statements of Energy Effects when undertaking certain actions. Because 
this proposed rule would add one NWR to the list of refuges open to 
sport fishing and increase hunting or fishing activities on nine other 
NWRs, it is not a significant regulatory action under E.O. 12866, and 
we do not expect it to significantly affect energy supplies, 
distribution, or use. Therefore, this action is 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 NWRs with Tribal 
governments having adjoining or overlapping jurisdiction before we 
propose the regulations.

Paperwork Reduction Act (PRA)

    This rule does not contain any new collection of information that 
requires approval by the Office of Management and Budget under the PRA 
of 1995 (44 U.S.C. 3501 et seq.). OMB has approved the information 
collection requirements associated with regulations implementing 
refuge-specific hunting and sport fishing regulations and has assigned 
OMB control numbers 1018-0102 (expires June 30, 2017; in accordance 
with 5 CFR 1320.10, the agency may continue to conduct or sponsor this 
collection of information while the submission is pending at OMB), 
1018-0140 (expires May 31, 2018), and 1018-0153 (expires December 31, 
2018). 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 and step-down management plans--which would include 
hunting and/or fishing plans--for public use of refuges, and prior to 
implementing any new or revised public recreation program on a refuge 
as identified in 50 CFR 26.32. We have completed section 7 consultation 
on each of the affected refuges.

National Environmental Policy Act

    We analyzed this proposed rule in accordance with the criteria of 
the National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 
4332(C)), 43 CFR part 46, and 516 Departmental Manual (DM) 8.
    A categorical exclusion from NEPA documentation applies to 
publication of proposed amendments to refuge-specific hunting and 
fishing regulations because they are technical and procedural in 
nature, and the environmental effects are too broad, speculative, or 
conjectural to lend themselves to meaningful analysis (43 CFR 46.210 
and 516 DM 8). Concerning the actions that are the subject of this 
proposed rulemaking, we have complied with NEPA at the project level 
when developing each proposal. This is consistent with the Department 
of the Interior instructions for compliance with NEPA where actions are 
covered sufficiently by an earlier environmental document (43 CFR 
46.120).
    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 comprehensive conservation 
plan 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 comprehensive conservation plans and step-down 
plans in compliance with section 102(2)(C) of NEPA, and the Council on 
Environmental Quality's regulations for implementing NEPA in 40 CFR 
parts 1500 through 1508. We invite the affected public to participate 
in the review, development, and implementation of these plans. Copies 
of all plans and NEPA compliance are available from the refuges at the 
addresses provided below.

Available Information for Specific Refuges

    Individual refuge headquarters have information about public use 
programs and conditions that apply to their specific programs and maps 
of their respective areas. To find out how to contact a specific 
refuge, contact the appropriate Regional office listed below:
    Region 1--Hawaii, Idaho, Oregon, and Washington. Regional Chief, 
National Wildlife Refuge System, U.S. Fish and Wildlife Service, 
Eastside Federal Complex, Suite 1692, 911 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, P.O. 
Box 1306, 500 Gold Avenue SW., Albuquerque, NM 87103; Telephone (505) 
248-6937.
    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 55437-1458; Telephone (612) 713-5360.
    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) 253-8307.
    Region 6--Colorado, Kansas, Montana, Nebraska, North Dakota, South 
Dakota, Utah, and Wyoming. Regional Chief, National Wildlife Refuge 
System, U.S. Fish and Wildlife Service, 134 Union Blvd., Lakewood, CO 
80228; Telephone (303) 236-8145.
    Region 7--Alaska. Regional Chief, National Wildlife Refuge System, 
U.S. Fish and Wildlife Service, 1011 E. Tudor Rd., Anchorage, AK 99503; 
Telephone (907) 786-3545.
    Region 8--California and Nevada. Regional Chief, National Wildlife 
Refuge System, U.S. Fish and Wildlife Service, 2800 Cottage Way, Room 
W-2606, Sacramento, CA 95825; Telephone (916) 414-6464.

Primary Author

    Katherine Harrigan, Division of Natural Resources and Conservation 
Planning, 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.

Proposed Regulation Promulgation

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

[[Page 37404]]

PART 32--HUNTING AND FISHING

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

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


Sec.  32.7   [Amended]

0
2. Amend Sec.  32.7 by adding, in alphabetical order, an entry for 
``Loess Bluffs National Wildlife Refuge'' in the State of Missouri; and 
removing the entry for ``Squaw Creek National Wildlife Refuge.''
0
3. Amend Sec.  32.23, the entry for Dale Bumpers White River National 
Wildlife Refuge, by:
0
a. Removing the second, duplicate appearance of paragraph A.16;
0
b. Adding a new paragraph A.17;
0
c. Revising paragraphs A.18 through A.20, C.2 through C.5, C.8, and 
C.18;
0
d. Adding paragraphs C.20 and C.21; and
0
e. Revising paragraph D.1.
    The revisions and additions read as follows:


Sec.  32.23   Arkansas.

* * * * *

Dale Bumpers White River National Wildlife Refuge

    A. * * *
* * * * *
    17. We prohibit the use of decoys that contain moving parts or 
electrical components, except that you may use manually operated `jerk 
strings' to simulate decoy movement.
    18. You may not utilize a guide, guide service, outfitter, club, 
organization, or any other person who provides equipment, services, or 
assistance on the refuge for compensation.
    19. We prohibit commercial guiding for the take of wildlife or 
fish.
    20. We allow camping only in designated sites and areas identified 
in the refuge user brochure/permit (signed brochure), and we restrict 
camping to individuals involved in wildlife-dependent activities. We 
limit camping on the refuge to no more than 14 days during any 30 
consecutive-day period. Campers must occupy camps daily. We prohibit 
all disturbances, including use of generators, after 10 p.m.
* * * * *
    C. * * *
* * * * *
    2. Archery deer seasons on the North Unit are from the beginning of 
October until the end of January except during quota muzzleloader and 
quota gun deer hunts, when the archery season is closed. We provide 
annual season dates and bag limits in the refuge user brochure/permit 
(signed brochure).
    3. Archery deer seasons on the South Unit are from the beginning of 
October until the end of December except during quota muzzleloader and 
quota gun deer hunts, when the archery season is closed. We provide 
annual season dates and bag limits in the refuge user brochure/permit 
(signed brochure).
    4. Muzzleloader season for deer will begin in October and will 
continue for a period of up to 3 days of quota hunting and 4 days of 
non-quota hunting in the North Unit. We provide annual season dates and 
bag limits in the refuge user brochure/permit (signed brochure).
    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 non-quota hunting in the North Unit. We provide annual season 
dates, bag limits, and areas in the refuge user brochure/permit.
* * * * *
    8. If you harvest deer or turkey on the refuge, you must 
immediately record the zone number (Zone 145 for the South Unit or Zone 
146 for the North Unit) on your hunting license and later check deer 
and/or turkey through the State checking system. Outlying tracts use 
the same zone number as the surrounding State zone.
* * * * *
    18. We close the Kansas Lake Area to all entry on December 1 and 
reopen it on March 1.
* * * * *
    20. We prohibit the possession and/or use of toxic shot by hunters 
using shotguns (see Sec.  32.2(k) of this chapter) when hunting.
    21. Feral hog regulations are found in the refuge brochure/permit 
(signed brochure).
    D. * * *
    1. Conditions A1, A9, A10, A11, A15, and A21 through A25 apply.
* * * * *
0
4. Amend Sec.  32.24 by:
0
a. Revising paragraph A.3 under the entry Colusa National Wildlife 
Refuge;
0
b. Revising paragraph A.3 under the entry Delevan National Wildlife 
Refuge;
0
c. Revising paragraph A.3 under the entry Sacramento National Wildlife 
Refuge; and
0
d. Revising paragraph C.3 under the entry Sacramento River National 
Wildlife Refuge.
    The revisions read as follows:


Sec.  32.24  California.

* * * * *

Colusa National Wildlife Refuge

    A. * * *
    3. Junior hunters age 15 or younger must be accompanied by, and 
remain within sight and normal voice contact of, an adult (age 18 or 
older) at all times while hunting.
* * * * *

Delevan National Wildlife Refuge

    A. * * *
    3. Junior hunters age 15 or younger must be accompanied by, and 
remain within sight and normal voice contact of, an adult (age 18 or 
older) at all times while hunting.
* * * * *

Sacramento National Wildlife Refuge

    A. * * *
    3. Junior hunters age 15 or younger must be accompanied by, and 
remain within sight and normal voice contact of, an adult (age 18 or 
older) at all times while hunting.
* * * * *

Sacramento River National Wildlife Refuge

* * * * *
    C. * * *
    3. We prohibit using dogs while hunting feral hogs and black-tailed 
deer.
* * * * *
0
5. Amend Sec.  32.27 by revising the entry for Prime Hook National 
Wildlife Refuge to read as follows:


Sec.  32.27  Delaware.

* * * * *

Prime Hook National Wildlife Refuge

    A. Migratory Game Bird Hunting. We allow the hunting of waterfowl, 
coot, mourning dove, snipe, and woodcock on designated areas of the 
refuge during designated seasons in accordance with State regulations 
and subject to the following conditions:
    1. General Hunting Regulations.
    i. Anyone age 16 or older, regardless of license status, must 
obtain a migratory bird hunting permit (Migratory Bird Hunt 
Application, FWS Form 3-2357) to hunt or enter hunt areas, except non-
hunting assistants assisting disabled hunters in the disabled area. You 
must print and validate your permit (name/address/phone) with your 
signature, in ink, and retain it on your person while hunting or 
scouting.
    ii. You must abide by the terms and conditions outlined in the 
refuge hunt brochure (see Sec.  32.2(e) of this chapter). Brochures 
contain information on seasons, bag limits, methods of hunting, maps 
depicting areas open to hunting, hunt unit reservation procedures, and 
the terms and conditions under which

[[Page 37405]]

we issue hunting permits. They are available at the visitor center, at 
the administration office, and on the refuge's Web site (see Sec.  
32.2(f) of this chapter).
    iii. You, and those who accompany you who are age 16 or older, must 
possess and carry the following at all times while on refuge property: 
A valid Delaware hunting license or document exhibiting your License 
Exempt Number (LEN), all required State and Federal stamps, a valid 
form of government-issued photo identification, a signed refuge hunt 
brochure appropriate for the hunt in question, and a printed valid 
hunting permit. We will not accept photocopies or electronic copies of 
these documents.
    iv. Youths age 15 or younger must be accompanied by a supervisor 
age 18 or older who possesses all documents required in A.1.iii, 
including non-hunting assistants. All supervisors may only be 
accompanied by one youth. Youths must possess and carry a signed refuge 
waterfowl hunt brochure and an LEN or license in accordance with State 
law. The youth must remain within sight and normal voice contact of the 
supervisor at all times while hunting on the refuge.
    v. Other than using motor vehicles on designated roads, you may 
only access the refuge by foot, except as authorized by the refuge 
manager.
    vi. You may use trained dogs to assist in retrieval of harvested 
game.
    vii. You must notify and receive permission from a Service law 
enforcement officer, refuge manager, or designee if you need to 
retrieve game from a closed refuge area or a hunting area for which you 
do not possess a valid permit (see Sec.  26.21(a) of this chapter).
    viii. You must park in designated areas. We prohibit parking in 
front of any gate. Parked vehicles may not impede any road traffic (see 
Sec.  27.31(h) of this chapter).
    ix. You may enter the refuge up to 2 hours before legal morning 
shooting time. You must stop hunting by 3 p.m. and leave the hunting 
area or unit by 4 p.m., except when snow goose hunting, in the 
designated snow goose area, during the snow goose conservation order 
season.
    x. You must complete and return a Migratory Bird Hunt Report (FWS 
Form 3-2361), available at the refuge administration office or on the 
refuge's Web site, within 15 days of the close of the season.
    xi. We prohibit the use of natural vegetation for camouflaging 
blind material (see Sec.  27.51(a) of this chapter).
    xii. We prohibit entry to designated safety zones as identified by 
polygons on the refuge map.
    xiii. You may access the Lottery Waterfowl hunt area by boat. The 
maximum horsepower allowed for boat motors is 30 horsepower (HP). You 
must abide by the slow, no-wake zones on designated portions of refuge 
waterways as depicted in maps or within the brochure.
    xiv. We allow the use of non-motorized boats within the Walk-in 
Hunt Area. Boats may be transported to refuge waters by hand or by the 
use of a cart.
    2. General and Disabled Waterfowl Draw Hunt Areas.
    i. You must obtain a Daily General or Disabled Waterfowl Draw Area 
Permit (signed brochure), which reserves your hunt unit/area/site in 
advance for a specific date using an online system. Only hunters age 16 
or older may reserve a hunt unit.
    ii. You must print and validate your Daily Waterfowl Draw Area 
Permit (signed brochure) with your signature in ink.
    iii. You must hunt from your boat or, if applicable, provided 
blind. You must hunt within 75 feet (22.9 meters) of your designated 
site.
    iv. We allow you to have up to two additional hunters accompany you 
on your reserved site.
    v. Disabled Waterfowl Draw Area.
    a. All disabled hunters must possess and carry a State of Delaware 
Certified Hunter with Disabilities Card while hunting in disabled 
areas. We will not accept photocopies or electronic copies of these 
forms.
    b. Disabled hunters may have a non-hunting assistant who is age 18 
or older. The assistant must remain within sight and normal voice 
contact; must not be engaged in hunting; and must possess a valid 
refuge hunt brochure signed in ink and a valid government-issued photo 
identification. Any assistant engaged in hunting must possess and carry 
all documents as specified in A.1.iii.
    c. We do not allow assistants to enter a designated disabled 
hunting area unless they are accompanied by a certified disabled 
hunter.
    d. We do not require assistants to maintain sight and normal voice 
contact while retrieving game.
    B. Upland Game Hunting. We allow hunting of rabbit, quail, 
pheasant, and red fox on designated areas of the refuge in accordance 
with State regulations and subject to the following conditions:
    1. A.1.i. through A.1.viii. and A.1.xii. apply.
    2. We prohibit shooting a projectile from a firearm, muzzleloader, 
bow, or crossbow from, down, or across any refuge road. A refuge road 
is any road that is traveled by vehicular traffic.
    3. You must make a reasonable effort to retrieve all wounded or 
killed game and include it in your daily bag limit. We prohibit leaving 
entrails or other waste within 50 feet (15.2 meters) of any road, 
parking area, trail, or refuge structure on the refuge.
    4. You must use daylight florescent orange in accordance with State 
regulations (see Sec.  32.2(d) of this chapter).
    5. You may enter the refuge no earlier than 1 hour before legal 
morning shooting time and you must exit the refuge by 1 hour after 
legal sunset.
    6. We prohibit the use of centerfire and rimfire rifles.
    C. Big Game Hunting. We allow hunting of white-tailed deer and 
turkey on designated areas of the refuge in accordance with State 
regulations and subject to the following conditions:
    1. General Hunt Regulations.
    i. Conditions A.1.i. through A.1.v., A.1.vii., A.1.viii., A.1.xii., 
B2, and B3 apply.
    ii. We prohibit organized deer drives.
    iii. We allow the use of temporary tree stands and blinds for 
hunting. All stands and blinds left on refuge property unoccupied must 
be tagged in plain sight with your permit number and the years that are 
printed on your permit. You must remove all stands and blinds by legal 
sunset of a date established annually by the refuge manager. We are not 
responsible for damage, theft, or use of the stand by other hunters.
    iv. You may use marking devices, including flagging or tape, but 
you must remove them by legal sunset on a date established annually by 
the refuge manager. You may not use paint or any other permanent marker 
to mark trails.
    v. You must use daylight florescent orange in accordance with State 
regulations during all designated firearm and muzzleloader deer hunts 
(see Sec.  32.2(d) of this chapter).
    2. General and Disabled Deer Draw Hunt Areas.
    i. Youth hunters must obtain a hunting permit before applying for a 
General and Disabled Deer Draw Area Permit (signed brochure). Hunters 
age 15 or younger must obtain a hunting permit; however, A.1.iv. still 
applies.
    ii. You must obtain a Daily General or Disabled Deer Draw Area 
Permit (signed brochure), which reserves your hunt unit/area/site in 
advance for a specific date using an online system.
    iii. You must print and sign your Daily Deer Draw Area Permit 
(signed brochure) in ink.
    3. For designated disabled hunt areas, A.2.v. applies.

[[Page 37406]]

    D. Sport Fishing. We allow fishing and crabbing on designated areas 
of the refuge in accordance with State regulations and subject to the 
following conditions:
    1. Conditions A.1.i. through A.1.iv. apply for those age 17 and 
older.
    2. All youth age 16 or younger must be accompanied by a licensed 
angler age 18 or older who possesses all documents required in D.1.i.
    3. The refuge is open from \1/2\ hour before legal sunrise to \1/2\ 
hour after legal sunset.
    4. Other than using motor vehicles on designated roads, you may 
only access the refuge by foot, except as authorized by the refuge 
manager.
    5. We allow fishing and crabbing from boats and from designated 
areas of the refuge, on designated days, during designated times, 
routes of travel, waterways, and launch sites.
    i. You must remove boats from the water by legal sunset.
    ii. When on Turkle and Fleetwood Ponds, you may only propel boats 
manually or with electric motors.
    iii. We allow a maximum of 30 horsepower (HP) outboard or motor.
    iv. You must abide by the slow, no-wake zones on designated 
portions of refuge waterways as depicted in maps or within the 
brochure.
    6. Fishing tackle and crabbing gear:
    i. You must use hook-and-line tackle when fishing for finfish.
    ii. You may use only hand lines, crab dip nets, hoop crab nets, 
and/or manually operated crab traps (collapsible traps) in any 
combination for crabbing.
    iii. You must attend to your crabbing and fishing lines or gear at 
all times.
* * * * *
0
6. Amend Sec.  32.28 by:
0
a. Under the entry Lake Woodruff National Wildlife Refuge:
0
i. Revising paragraphs C.1, C.2, C.8, and C.16;
0
ii. Adding paragraphs C.17 and C.18;
0
iii. Removing paragraph D.5; and
0
iv. Redesignating paragraph D.6 as D.5;
0
b. Under the entry Lower Suwanee National Wildlife Refuge:
0
i. Revising paragraphs A.9, A.12, and A.14; and
0
ii. Adding paragraph D.4; and
0
c. Under the entry Merritt Island National Wildlife Refuge:
0
i. Revising paragraphs A.3 through A.6;
0
ii. Adding paragraphs A.10 and A.11;
0
iii. Revising paragraphs A.14, A.16, C.8, C.15, C.16, C.24, and D.3;
0
iv. Removing paragraph D.9;
0
v. Redesignating paragraphs D.10 through D.14 as D.9 through D.13, 
respectively;
0
vi. Removing paragraph D.15;
0
vii. Redesignating paragraphs D.16 and D.17 as D.14 and D.15, 
respectively;
0
viii. Revising newly redesignated paragraph D. 14; and
0
ix. Removing paragraph D.18.
    The additions and revisions read as follows:


Sec.  32.28  Florida.

* * * * *

Lake Woodruff National Wildlife Refuge

* * * * *
    C. * * *
    1. You must have a valid signed Lake Woodruff National Wildlife 
Refuge Big Game Permit (signed brochure). The permits (signed brochure) 
are free and nontransferable, and anyone on refuge land engaged in 
hunting must sign and carry the permit at all times.
    2. You must obtain a State-issued Lake Woodruff Quota Hunt Permit 
(Quota Permit), which can be purchased through Florida Fish and 
Wildlife Conservation Commission (FWC). You must have on your person 
all applicable Florida hunting licenses and permits. State requirements 
for hunter safety apply.
* * * * *
    8. Hunting areas on the refuge are seasonally closed to all public 
use except to permitted hunters during the season, and are marked on 
refuge maps. The refuge is closed between legal sunset and legal 
sunrise, except permitted hunters may access the refuge 2 hours prior 
to legal sunrise each hunting day. All hunters must leave the refuge 
within 2 hours of legal sunset.
* * * * *
    16. Archery hunters must wear a vest or jacket containing back and 
front panels of at least 500 square inches (3,226 square centimeters) 
of solid-fluorescent-orange color when moving to and from their 
vehicle, to their deer stand or their hunting spot, and while tracking 
or dragging out deer.
    17. We prohibit using dogs for tracking unless authorized by a 
Federal wildlife officer. Dogs must remain on a leash and be equipped 
with a GPS tracking device.
    18. It is unlawful to drive nails, spikes, or other metal objects 
into any tree, or to hunt from any tree in which a metal object has 
been driven (see Sec.  32.2(i) of this chapter).
* * * * *

Lower Suwanee National Wildlife Refuge

    A. * * *
    9. In addition to State hunter-education requirements, an adult 
(parent or guardian) age 21 or older must supervise and must remain 
within sight of and in normal voice contact of the youth hunter age 15 
or younger. Parents or adult guardians are responsible for ensuring 
that hunters age 15 and younger do not engage in conduct that would 
constitute a violation of refuge regulations. An adult may not 
supervise more than two youths.
* * * * *
    12. We prohibit marking any tree, or other refuge feature, with 
flagging, litter, paint, tacks, spider eyes, or blaze.
* * * * *
    14. You may leave a temporary tree stand on refuge property 
starting 1 week before archery season, but you must remove it by the 
last day of hog season. All tree stands left on the refuge within the 
hunt season must display the hunter's name and hunting license number 
legibly written on or attached to the stand. We may seize and dispose 
of any tree stands not in compliance, according to Federal regulations. 
You may also use a temporary tree stand during small game season, but 
you must remove it by the last day of small game season.
* * * * *
    D. * * *
    4. We prohibit the use or possession of alcohol while fishing.
* * * * *

Merritt Island National Wildlife Refuge

    A.* * *
    3. You must carry (or hunt within 30 yards of a hunter who 
possesses) a valid State-issued Merritt Island Waterfowl Quota Permit 
(Waterfowl Quota Permit), which can be purchased through the Florida 
Fish and Wildlife Conservation Commission (FWC) while hunting in areas 
1 or 4 from the beginning of the regular waterfowl season through the 
end of January. The Waterfowl Quota Permit can be used for a single 
party consisting of the permit holder and up to three guests. The 
permit holder must be present.
    4. During the State's waterfowl season, we allow hunting on 
Wednesdays, Saturdays, Sundays, and the following Federal holidays: 
Thanksgiving, Christmas, and New Year's Day.
    5. We allow hunting in four designated areas of the refuge as 
delineated in the refuge hunting regulations map. We prohibit hunters 
entering the normal or expanded restricted areas of the Kennedy Space 
Center (KSC). Merritt Island National Wildlife Refuge and KSC maintain 
the right to close any portion of the refuge

[[Page 37407]]

for any length of time. In that case, we will not refund or reissue any 
permits.
    6. We allow hunting of waterfowl on refuge-established hunt days 
from \1/2\ hour before legal sunrise until 12 p.m. (noon). Hunters must 
remove all equipment and check out at the refuge check station prior to 
1 p.m. daily.
* * * * *
    10. We prohibit accessing a hunt area from Black Point Wildlife 
Drive, Playalinda Beach Road (Beach Road), and Scrub Ridge Trail. We 
prohibit launching a boat and leaving vehicles parked for hunting 
purposes on Black Point Wildlife Drive, Playalinda Beach Road (Beach 
Road), or Scrub Ridge Trail.
    11. We prohibit construction of permanent blinds or digging into 
dikes (see Sec.  27.92 of this chapter).
* * * * *
    14. You must leave the refuge by 1 p.m. Prior to that, you 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.
* * * * *
    16. You may use gasoline or diesel motors only inside the 
impoundment perimeter ditch. Outside the perimeter ditch, vessels must 
be propelled by paddling, push pole, or electric trolling motor.
* * * * *
    C. * * *
    8. You are prohibited from entering the normal or expanded 
restricted areas of KSC. Merritt Island National Wildlife Refuge and 
KSC maintain the right to close any portion of the refuge for any 
length of time. In that case, we will not refund or reissue any 
permits.
* * * * *
    15. We allow legally permitted hunters to scout within their 
permitted zones up to 7 days prior to their permitted hunts. You must 
carry your valid Quota Hunt Permit identifying the permitted hunt zone 
while scouting. You may not possess hunting weapons while scouting.
    16. We allow parking for scouting and/or hunting only along State 
Road (SR) 3, but not within the hunt areas or on any road marked as 
``Area Closed.''
* * * * *
    24. The bag limit and antler requirements for white-tailed deer on 
the refuge will follow State regulations but will not exceed two deer 
per hunt. We define antlered and antlerless deer according to State 
regulations.
* * * * *
    D. * * *
    3. You may launch boats for night fishing and boating activities 
only from Bair's Cove, Beacon 42, and Biolab boat ramps.
* * * * *
    14. When inside the impoundment perimeter ditch, you may use 
gasoline or diesel motors. Outside the perimeter ditch, vessels must be 
propelled by paddling, push pole, or electric trolling motor.
* * * * *
0
7. Amend Sec.  32.29 by revising paragraphs A, B, and C under the entry 
Savannah National Wildlife Refuge to read as follows:


Sec.  32.29  Georgia.

* * * * *

Savannah National Wildlife Refuge

    A. Migratory Game Bird Hunting. We allow hunting of waterfowl and 
mourning dove on designated areas of the refuge in accordance with 
State regulations and subject to the following conditions:
    1. All hunters age 16 and older must possess and carry a signed 
refuge hunt permit (name/address/phone) and a State license. We charge 
a fee for all hunt permits.
    2. To participate in the youth waterfowl hunt, youth hunters must 
submit the Waterfowl Lottery Application (FWS Form 3-2355). You must 
pay an application fee to enter the hunt drawing.
    3. We allow temporary blinds only. You must remove decoys and other 
personal property from the refuge daily (see Sec.  27.93 of this 
chapter).
    4. We allow shotguns for all migratory game bird hunting, but only 
with nontoxic shot size #2 or smaller.
    5. Youth hunters, defined as those age 15 and younger, must remain 
within sight and normal voice contact of an adult age 21 or older; the 
adult must possess a valid hunting license for the State in which they 
are hunting. One adult may supervise no more than two youth hunters.
    6. You may take feral hog and coyote during all refuge hunts 
(migratory bird, upland, and big game) with weapons authorized and 
legal for those hunts.
    7. You may use retrieving dogs. Dogs must remain under direct and 
constant control of the hunter.
    8. You must comply with all provisions of State and local law when 
possessing, transporting, or carrying firearms on national wildlife 
refuges. You may only use (discharge) firearms in accordance with 
refuge regulations (see Sec.  27.42 of this chapter and specific refuge 
regulations in part 32.)
    B. Upland Game Hunting. We allow hunting of squirrel and rabbit on 
designated areas of the refuge in accordance with State regulations and 
subject to the following conditions:
    1. Conditions A1, A6, and A8 apply.
    2. For squirrel hunting, we allow rimfire rifles, rimfire pistols, 
or shotguns with nontoxic shot size #2 shot or smaller. We recommend 
but do not require solid copper or other nontoxic rimfire bullets. For 
rabbit hunting, we allow shotguns, but only with nontoxic shot size #2 
or smaller.
    3. You may not hunt on or within 100 yards (90 meters) of public 
roads, refuge facilities, roads and trails, and railroad rights-of-way, 
or in closed areas.
    4. You may not use dogs for upland game hunting.
    5. During the period when upland game hunting coincides with the 
refuge gun hunt for deer and hogs, you must wear an outer garment 
containing a minimum of 500 square inches (3,226 square centimeters) of 
hunter-orange material above the waistline.
    6. Youth hunters, defined as those age 15 and younger, must remain 
within sight and normal voice contact of an adult age 21 or older; the 
adult must possess a valid hunting license for the State in which they 
are hunting. One adult may supervise no more than one youth hunter.
    C. Big Game Hunting. We allow hunting of white-tailed deer, turkey, 
feral hog, and coyote on designated areas of the refuge in accordance 
with State regulations and subject to the following conditions:
    1. Conditions A1, A6, A8, B3, and B6 apply.
    2. To participate in the gun hunt for wheelchair-dependent hunters, 
hunters must submit the Quota Deer Hunt Application (FWS Form 3-2354). 
To participate in the Youth Turkey Hunt & Learn Weekend, youth hunters 
must submit the Big/Upland Game Hunt Application (FWS Form 3-2356). You 
must pay an application fee to enter these hunt drawings.
    3. To participate in the youth-only deer or turkey hunts, youth 
hunters must request a free hunt permit from the refuge headquarters.
    4. You may only use bows, in accordance with State regulations, for 
deer, hog, and coyote hunting during the archery hunt for these 
species.
    5. You may only use shotguns (20 gauge or larger, slugs only), 
center-fire rifles, center-fire pistols, muzzleloaders, and bows, in 
accordance with State regulations, for deer, hog, and coyote hunting 
during the firearm hunts for these species.
    6. You must remove hunt stands following each day's hunt (see Sec.  
27.93 of this chapter).

[[Page 37408]]

    7. Hunters may take as many as five deer (no more than two 
antlered). There is no bag limit on feral hog or coyote.
    8. Turkey hunters may harvest only three gobblers (male turkey).
    9. We allow only shotguns with nontoxic #2 shot or smaller, and 
bows, in accordance with State regulations, for turkey hunting. We 
prohibit the use of slugs or buckshot for turkey hunting.
    10. We prohibit the use of trail or game cameras. We also prohibit 
the use of trail marking tacks, bright eyes, reflectors, reflecting 
tape, and any other markers, including biodegradable markers such as 
toilet paper and paper tape.
    11. We prohibit the use of dogs for big game hunting.
* * * * *
0
8. Amend Sec.  32.37 by:
0
a. Revising paragraph A.19 under the entry Bayou Sauvage National 
Wildlife Refuge;
0
b. Revising paragraphs A.14, C.3, C.5, and C.7 under the entry Bayou 
Teche National Wildlife Refuge;
0
c. Under the entry Big Branch Marsh National Wildlife Refuge:
0
i. Revising paragraphs A.15, C.5, C.6, D.5, and D.6; and
0
ii. Adding paragraph D.8;
0
d. Under the entry Bogue Chitto National Wildlife Refuge:
0
i. Revising paragraphs A.6, A.7, A.10, A.11, B.4, C.3, and C.8;
0
ii. Adding paragraphs C.11 and C.12; and
0
iii. Revising paragraph D.3;
0
e. Revising paragraphs B.2, B.7, and C.5 under the entry Catahoula 
National Wildlife Refuge;
0
f. Revising paragraph A.16 under the entry Delta National Wildlife 
Refuge; and
0
g. Revising paragraph A.12 under the entry Mandalay National Wildlife 
Refuge.
    The additions and revisions read as follows:


Sec.  32.37   Louisiana.

* * * * *

Bayou Sauvage National Wildlife Refuge

    A. * * *
    19. We prohibit the use of any type of material used as flagging or 
trail markers, except reflective tacks.
* * * * *

Bayou Teche National Wildlife Refuge

    A. * * *
    14. We prohibit the use of any type of material used as flagging or 
trail markers, except reflective tacks.
* * * * *
    C. * * *
    3. We allow hunting in the Centerville, Garden City, Bayou Sale, 
North Bend East, and North Bend West Units. We do not allow hunting 
within 500 feet (152.4 meters) of the Garden City parking area and 
boardwalk. The Bayou Sale Unit is not open for big game firearm hunts.
* * * * *
    5. You may take feral hogs only as incidental take while 
participating in the refuge deer archery hunt.
* * * * *
    7. During deer gun seasons, all hunters, except waterfowl hunters, 
must wear and display 400 square inches (2,580.6 square centimeters) of 
unbroken hunter-orange or blaze pink as the outermost layer of clothing 
on the chest and back and a hunter-orange or blaze pink cap. Deer 
hunters hunting from concealed ground blinds must display a minimum of 
400 square inches (2,580.6 square centimeters) of hunter-orange or 
blaze pink above or around their blinds; this must be visible from 360 
degrees.
* * * * *

Big Branch Marsh National Wildlife Refuge

    A. * * *
    15. We prohibit all-terrain vehicles (ATVs) and utility-terrain 
vehicles (UTVs).
* * * * *
    C. * * *
    5. You may erect temporary deer stands 2 days prior to the start of 
deer archery season. You must remove all deer stands within 2 days 
after the archery deer season closes. You may place only one deer stand 
on the refuge. Deer stands must have the owner's name, address, and 
phone number clearly printed on the stand. Hunting stands are not 
allowed on trees painted with white bands. You must place stands in a 
non-hunting position when not in use (see Sec.  27.93 of this chapter).
    6. You may take hogs only as incidental take while participating in 
the refuge deer archery hunt.
* * * * *
    D. * * *
    5. We prohibit all commercial finfishing and shellfishing, 
including guiding, outfitting, lodging, club membership, or 
participating in a paid guided fishing trip (see Sec.  27.97 of this 
chapter).
    6. Conditions A6, A8, A9, and A14 through A17 apply.
* * * * *
    8. You must attend to any fishing, crabbing, and crawfishing 
equipment at all times.
* * * * *

Bogue Chitto National Wildlife Refuge

    A. * * *
    6. An adult at least age 21 must supervise youth hunters during all 
hunts. State regulations define youth hunter age and hunter-education 
requirements. One adult may supervise two youths during small game 
hunts and migratory bird hunts but may supervise only one youth during 
big game hunts. Youths must remain within normal voice contact of the 
adult who is supervising them. Parents or adult guardians are 
responsible for ensuring that youth hunters do not engage in conduct 
that would constitute a violation of refuge regulations.
    7. We prohibit hunting within 150 feet (45.7 meters) from the 
centerline of any public road, refuge road, designated or maintained 
trail, building, residence, designated camping area, or designated 
public facility, or from or across aboveground oil, gas, or electric 
facilities. We prohibit hunting in refuge-designated closed areas, 
which we post on the refuge and identify in the refuge hunt permits.
* * * * *
    10. You may not act as a hunting guide, outfitter, or in any other 
capacity whereby another individual(s) pays or promises to pay directly 
or indirectly for services rendered. You may not provide payment to any 
other person or persons for hunting on the refuge, regardless of 
whether the payment is for guiding, outfitting, lodging, or club 
membership (see Sec.  27.97 of this chapter).
    11. We prohibit horses, trail cameras, all-terrain vehicles (ATVs), 
and utility-terrain vehicles (UTVs), except UTVs are allowed on 
designated physically challenged hunt trails for big game. We provide 
specific size and tire pressure restrictions for UTVs in the refuge 
hunt permit (signed brochure).
* * * * *
    B. * * *
    4. All hunters in Louisiana (including archery hunters and small 
game hunters), except waterfowl hunters, must wear and display not less 
than 400 square inches (2,580.6 square centimeters) of unbroken hunter-
orange or blaze pink as the outermost layer of clothing on the chest 
and back and a hunter-orange cap during deer gun seasons. While walking 
to and from elevated stands, all deer hunters must display a minimum of 
400 square inches (2,580.6 square centimeters) of hunter-orange or 
blaze pink or a hunter-orange

[[Page 37409]]

or blaze pink hat. All hunters in Mississippi must wear at least 500 
square inches (3,226 square centimeters) of hunter-orange or blaze 
pink; this replaces the 400 square inches (2,580.6 square centimeters) 
required in Louisiana. During the dog season for squirrels and rabbits, 
all hunters, except waterfowl hunters, must wear a hunter-orange or 
blaze pink hat. Deer hunters hunting from concealed blinds must display 
at least 400 square inches (2,580.6 square centimeters) of hunter-
orange or blaze pink above or around their blinds; this must be visible 
from 360 degrees.
* * * * *
    C. * * *
    3. We allow archery deer hunting during the open State deer archery 
season. You may take deer of either sex in accordance with State 
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 and where 
otherwise specified. We list specific dates for the special hog hunts 
in February in the refuge hunt permit (signed brochure). During the 
special hog hunt in February, you must use trained hog-hunting dogs to 
aid in the take of hog. During the special hog hunt, you may take hog 
from \1/2\ hour before legal sunrise until \1/2\ hour after legal 
sunset. You may possess only approved nontoxic shot or pistol or rifle 
ammunition not larger than .22 caliber rimfire to take the hog after it 
has been caught by dogs. Condition A8 applies during special hog hunts 
in February.
* * * * *
    11. We prohibit using shot larger than BB lead or T steel while 
hunting during turkey season.
    12. We allow physically challenged big game hunters exclusive use 
of designated physically challenged hunt trails with limited use of 
UTVs in accordance with specific size and weight specifications. 
Specific hunt trails will be designated on the refuge hunt permit. 
Physically challenged hunters must pre-register hunting dates and 
specific location at the refuge office. An assistant may accompany the 
physically challenged hunter, but the assistant may not hunt.
    D. * * *
    3. We close the fishing ponds at the Pearl River Turnaround to 
fishing from April through the first full week of June and to boating 
during the months of April, May, June, and July.
* * * * *

Catahoula National Wildlife Refuge

* * * * *
    B. * * *
    2. At the Headquarters Unit, we only allow squirrel and rabbit 
hunting. We set seasons annually.
* * * * *
    7. You may use shotguns for hunting but only with nontoxic shot and 
rifles .22 caliber rimfire or smaller. We prohibit possession of toxic 
shot when hunting.
    C. * * *
    5. We allow hunting of deer with primitive firearms during the 
first segment of the State season for area 1, weekdays only (Monday 
through Friday) and 2 days in December with these dates set annually. 
We allow either-sex, deer gun hunting for the Friday, Saturday, and 
Sunday immediately following Thanksgiving Day and for 2 days in 
December with these dates to be set annually.
* * * * *

Delta National Wildlife Refuge

    A. * * *
    16. We prohibit the use of any type of material used as flagging or 
trail markers, except reflective tacks.
* * * * *

Mandalay National Wildlife Refuge

    A. * * *
    12. We prohibit the use of any type of material used as flagging or 
trail markers, except reflective tacks.
* * * * *
0
9. Amend Sec.  32.39 by:
0
a. Revising paragraphs A, C, D.2, and D.3 under the entry Blackwater 
National Wildlife Refuge; and
0
b. Revising paragraph C and D.4 under the entry Eastern Neck National 
Wildlife Refuge.
    The revisions read as follows:


Sec.  32.39  Maryland.

* * * * *

Blackwater National Wildlife Refuge

    A. Migratory Game Bird Hunting. We allow hunting of goose and duck 
on designated areas of the refuge in accordance with State regulations 
and subject to the following conditions:
    1. You must obtain a refuge waterfowl hunting permit (signed 
brochure) by signing the corresponding season's refuge waterfowl 
hunting brochure in ink. You must abide by the terms and conditions 
outlined in the brochure (see Sec.  32.2(e) of this chapter). Refuge 
waterfowl hunting brochures contain seasons, bag limits, methods of 
hunting, maps depicting areas open to hunting, hunt unit reservation 
procedures, and the terms and conditions under which we issue hunting 
permits. They are available at the refuge visitor center, 
administration office, and on the refuge's Web site.
    2. You must reserve your hunt unit in advance for a specific date 
using the call reservation system. You must be age 18 or older to 
reserve a hunt unit.
    3. Up to three additional hunters may accompany you on your 
reserved unit.
    4. You and those who accompany you must possess on your person a 
valid Maryland hunting license and all required stamps, a valid form of 
government-issued photo identification, and a printed valid hunting 
permit (signed brochure) at all times while on refuge property. We will 
not accept photocopies or electronic copies of these forms.
    5. We prohibit the use of natural vegetation for camouflaging blind 
material.
    6. Other than using motor vehicles on designated roads, you may 
only access the refuge by foot, except as authorized by the refuge 
manager.
    7. You may use trained dogs to assist in the retrieval of harvested 
birds.
* * * * *
    C. Big Game Hunting. We allow the hunting of white-tailed and sika 
deer and turkey on designated areas of the refuge in accordance with 
State regulations and subject to the following conditions:
    1. General Hunt Regulations.
    i. Condition A6 applies.
    ii. You must obtain a deer or turkey hunting permit (Big/Upland 
Game Hunt Application, FWS Form 3-2356 or Quota Deer Hunt Application, 
FWS Form 3-2354). Hunting brochures, hunting application procedures, 
seasons, bag limits, methods of hunting, maps depicting areas open to 
hunting, and the terms and conditions under which we issue hunting 
permits are available at the refuge visitor center, administration 
office, and on the refuge's Web site.
    iii. You must possess on your person at all times while on refuge 
property: A valid Maryland hunting license and all required stamps, a 
valid form of government-issued photo identification, and a printed 
valid hunting permit (Big/Upland Game Hunt Application, FWS Form 3-2356 
or Quota Deer Hunt Application, FWS Form 3-2354) issued by the refuge. 
We will not accept photocopies or electronic copies of these forms.
    iv. You may not hunt from a permanently constructed tree stand or 
blind.
    v. We prohibit organized deer drives, unless otherwise authorized 
by the

[[Page 37410]]

refuge manager on designated hunt days.
    vi. You must notify and receive permission from a Service law 
enforcement officer, refuge manager, or designee if you need to 
retrieve game from a refuge closed area or a hunting area for which you 
do not possess a valid permit.
    vii. We prohibit shooting a projectile from a firearm, 
muzzleloader, bow, or crossbow from, down, or across any refuge road. A 
refuge road is any road that is traveled by vehicular traffic.
    viii. We prohibit parking in front of any gate. Parked vehicles may 
not impede any road traffic (see Sec.  27.31(h) of this chapter).
    ix. You must make a reasonable effort to retrieve all wounded or 
killed game and include it in your daily bag limit. We prohibit leaving 
deer or turkey entrails or other waste within 50 feet (15.2 meters) of 
any road, parking area, trail, or refuge structure on the refuge.
    x. We allow the use of temporary tree stands and blinds for 
hunting. All stands and blinds left on refuge property, unoccupied, 
must be tagged in plain sight with your permit number and the years 
that are printed on your permit. You must remove all stands and blinds 
by legal sunset of a date established annually by the refuge manager.
    xi. We allow the use of marking devices, including flagging or 
tape, but you must remove them by legal sunset of a date established 
annually by the refuge manager. You may not use paint or any other 
permanent marker to mark trails.
    xii. You must wear fluorescent orange in accordance with State 
regulations during all designated firearm and muzzleloader deer hunts.
    xiii. You must check all deer harvested at the refuge-sponsored 
check station during hunt days when the refuge-sponsored check station 
is open. If you fail to check deer during operation hours of the check 
station, you must notify the hunt coordinator by noon on the day after 
your kill.
    xiv. You must adhere to the bag limits set forth annually in the 
brochure. Deer harvested on the refuge do not count toward State bag 
limits but must be recorded and checked with the State. Deer harvested 
on the refuge must be checked pursuant to the refuge hunt in which they 
are taken, regardless of the weapon used or corresponding State season.
    xv. The maximum speed limit on all refuge unpaved roads is 15 miles 
per hour (MPH).
    xvi. We prohibit the use of rimfire or centerfire rifles and all 
handguns, including muzzleloading pistols, for hunting.
    2. Archery Deer Hunt.
    i. We do not allow archery hunters to hunt within areas designated 
for the youth hunt on designated days.
    ii. Archery hunters are not required to wear fluorescent orange 
during State youth hunt days.
    3. Turkey Hunt.
    i. We allow you to take one bearded turkey per year; turkeys taken 
on the refuge count toward the State bag limit.
    ii. We allow turkey hunt permit holders to have an assistant, who 
must remain within sight and normal voice contact.
    a. Assistants must not be engaged in hunting; must read the turkey 
hunting brochure; and must sign, in ink, the permit (Big/Upland Game 
Hunt Application, FWS Form 3-2356 or Quota Deer Hunt Application, FWS 
Form 3-2354) of the person they are assisting.
    b. Assistants must possess a valid government-issued photo 
identification on their person while assisting.
    c. Assistants who call and/or set up decoys must possess a valid 
Maryland hunting license.
    4. Youth Deer and Turkey Hunt.
    i. We allow hunters to hunt on designated areas on designated days 
(Youth Hunt) if they meet the criteria of a ``youth hunter'' as defined 
by State law.
    ii. Youth hunters must be accompanied by an assistant consistent 
with the regulations established by State law.
    iii. All youth deer hunters and their assistants must wear 
fluorescent orange in accordance with State regulations while hunting 
in designated youth hunt areas.
    iv. Assistants must possess a valid refuge hunt brochure, signed in 
ink, and a valid government-issued photo identification.
    v. Deer taken during youth days do not count toward the State bag 
limit and are in addition to any other deer taken during any other 
hunts on the refuge.
    vi. Deer and turkey taken must be recorded and checked with the 
State.
    5. Designated Disabled Hunt Areas.
    i. All disabled hunters must possess a Federal Government Access 
pass (OMB Control 1024-0252).
    ii. Disabled hunters are required to have their Federal Government 
Access pass (OMB Control 1024-0252) in their possession while hunting 
in disabled areas. We will not accept photocopies or electronic copies.
    iii. Disabled hunters may have an assistant, at least age 18, who 
must remain within sight and normal voice contact.
    a. Non-hunting assistants must not be engaged in hunting and must 
possess a valid refuge hunt brochure, signed in ink, and a valid 
government-issued photo identification. Non-hunting assistants must 
also use fluorescent orange in accordance with condition C.1.xii.
    b. Assistants who wish to hunt deer must possess a valid hunt 
permit (Big/Upland Game Hunt Application, FWS Form 3-2356 or Quota Deer 
Hunt Application, FWS Form 3-2354) for that day for any hunt area.
    c. We do not allow assistants to enter a designated disabled 
hunting area unless they are accompanied by a certified disabled 
hunter.
    d. All refuge-provided hunt blinds are reserved for disabled 
hunters only; however, when a disabled hunter and their assistant 
occupy the same blind, both may take game.
    e. We do not require assistants to maintain sight and normal voice 
contact while retrieving game.
    iv. We only allow disabled hunters to operate all-terrain vehicles 
(ATVs) and off-road vehicles (ORVs); when the disabled hunter is unable 
to physically do so, the assistant may operate the ATV/ORV.
    a. Assistants may not operate an ATV/ORV without being accompanied 
on the same ATV/ORV by a disabled hunter.
    b. ATVs/ORVs must have at least one headlight and one red tail 
light that are operational between legal sunset and legal sunrise.
    c. Anyone who operates or rides on an ATV/ORV must wear protective 
headgear that meets the standards established in Transportation 
Article, section 21-1306, Annotated Code of Maryland, and use an eye-
protective device or a windscreen that is of a type approved in 
Transportation Article, section 21-1306, Annotated Code of Maryland.
    d. We only allow ATVs/ORVs to be operated on established routes of 
travel and around field edges.
    e. We do not allow ATVs/ORVs to be operated in excess of 15 MPH.
    D. * * *
    2. We allow only fishing and crabbing from the Key Wallace roadway 
(bridge) across the Little Blackwater River and by boat, unless 
otherwise authorized by the refuge manager.
    3. You must possess a valid Maryland sport fishing license, all 
required stamps, and a valid form of government-issued photo 
identification while fishing on the refuge.
* * * * *

Eastern Neck National Wildlife Refuge

* * * * *

[[Page 37411]]

    C. Big Game Hunting. We allow hunting of white-tailed deer and 
turkey on designated areas of the refuge in accordance with State 
hunting regulations and subject to the following conditions:
    1. General Hunt Regulations.
    i. You must obtain a deer or turkey hunting permit (Big/Upland Game 
Hunt Application, FWS Form 3-2356). Hunting brochures contain hunting 
application procedures, seasons, bag limits, methods of hunting, maps 
depicting areas open to hunting, and the terms and conditions under 
which we issue hunting permits. They are available at the refuge 
visitor center, administration office, and on the refuge's Web site.
    ii. You must possess on your person at all times while on refuge 
property: A valid Maryland hunting license and all required stamps, a 
valid form of government-issued photo identification, and a valid 
hunting permit (Big/Upland Game Hunt Application, FWS Form 3-2356) 
issued by the refuge. We will not accept photocopies or electronic 
copies of these documents.
    iii. You must display your refuge hunt parking pass in plain sight, 
on the dash of your vehicle during hunt and scout days.
    iv. We prohibit hunting from a permanently constructed tree stand 
or blind.
    v. You must notify and receive permission from a Service law 
enforcement officer, refuge manager, or designee if you need to 
retrieve game from a refuge closed area or a hunting area for which you 
do not possess a valid permit (Big/Upland Game Hunt Application, FWS 
Form 3-2356).
    vi. Other than using motor vehicles on designated roads, you may 
only access the refuge by foot, except as authorized by the refuge 
manager.
    vii. We prohibit shooting a projectile from a firearm, 
muzzleloader, bow, or crossbow from, down, or across any refuge road. A 
refuge road is any road that is traveled by vehicular traffic.
    viii. You must park in designated areas. We prohibit parking in 
front of any gate. Parked vehicles may not impede any road traffic (see 
Sec.  27.31(h) of this chapter).
    ix. You must make a reasonable effort to retrieve all wounded or 
killed game and include it in your daily bag limit. We prohibit leaving 
deer entrails or other waste within 50 feet (15.2 meters) of any refuge 
road, trail, parking area, or structure.
    x. We allow the use of temporary tree stands and blinds for 
hunting. All stands and blinds left on refuge property, unoccupied, 
must be tagged in plain sight with your permit number and the years 
that are printed on your permit. You must remove all stands and blinds 
by legal sunset of a date established annually by the refuge manager.
    xi. We allow the use of marking devices, including flagging or 
tape, but they must be removed by legal sunset of date established 
annually by the refuge. You may not use paint or any other permanent 
marker to mark trails.
    xii. You must use florescent orange in accordance with State 
regulations during all designated firearm and muzzleloader deer hunts.
    xiii. We prohibit the use of rimfire or centerfire rifles and all 
handguns, including muzzleloading pistols, for hunting.
    xiv. You must adhere to the bag limits set fourth annually in the 
brochure. Deer harvested on the refuge do not count toward State bag 
limits but must be recorded and checked with the State. Deer harvested 
on the refuge must be checked pursuant to the refuge hunt in which they 
are taken, regardless of the weapon used or corresponding State season.
    xv. The maximum speed limit on unpaved refuge roads is 15 miles per 
hour (MPH).
    2. Youth Deer Hunt.
    i. We allow hunters to hunt on designated areas on designated days 
(Youth Hunt) if they meet the criteria of a ``youth hunter'' as defined 
by State law.
    ii. Youth hunters must be accompanied by an assistant consistent 
with the regulations established by State law.
    iii. All youth deer hunters and their assistants must wear 
fluorescent orange in accordance with State regulations while hunting 
in designated youth hunt areas.
    iv. Assistants must possess a valid refuge hunt brochure, signed in 
ink, and a valid government-issued photo identification.
    v. Deer taken during youth days do not count toward the State bag 
limit and are in addition to any other deer taken during any other 
hunts on the refuge.
    vi. Deer taken must be recorded and checked with the State.
    3. Designated Disabled Hunt.
    i. All disabled hunters must possess a Federal Government Access 
pass (OMB Control 1024-0252). Disabled hunters are required to have 
their Federal Government Access pass (OMB Control 1024-0252) in their 
possession while hunting in disabled areas. We will not accept 
photocopies or electronic copies of the Federal Government Access pass.
    ii. Disabled hunters may have an assistant who must be age 18 or 
older and remain within sight and normal voice contact.
    a. Non-hunting assistants must not be engaged in hunting and must 
possess a valid refuge hunt brochure, signed in ink, and a valid 
government-issued photo identification. We will not accept photocopies 
of these documents. Non-hunting assistants must also wear fluorescent 
orange in accordance with C.1.xii.
    b. Assistants who wish to deer hunt must possess a valid refuge 
hunt permit (Big/Upland Game Hunt Application, FWS Form 3-2356) for 
that day.
    c. We do not allow assistants to enter a designated disabled 
hunting area unless they are accompanied by a certified disabled 
hunter.
    d. All refuge-provided hunt blinds are reserved for disabled 
hunters only; however, when a disabled hunter and their assistant 
occupy the same blind, both may take game.
    e. We do not require assistants to maintain sight and normal voice 
contact while retrieving game.
    iii. We allow only disabled hunters to operate all-terrain vehicles 
(ATVs) and off-road vehicles (ORVs); when the disabled hunter is unable 
to physically do so, the assistant may operate the ATV/ORV.
    a. Assistants may not operate an ATV without being accompanied on 
the same ATV by a disabled hunter.
    b. ATVs/ORVs must have at least one headlight and one red tail 
light that are operational between legal sunset and legal sunrise.
    c. Anyone who operates or rides on a ATV/ORV must wear protective 
headgear that meets the standards established in Transportation 
Article, section 21-1306, Annotated Code of Maryland, and must use an 
eye-protective device or a windscreen of a type approved in 
Transportation Article, section 21-1306, Annotated Code of Maryland.
    d. We only allow ATVs/ORVs to be operated on established routes of 
travel and around field edges.
    e. We do not allow ATVs/ORVs to be operated in excess of 15 miles 
per hour (MPH).
    D. * * *
* * * * *
    4. You must possess a valid Maryland sport fishing license and all 
required stamps, and valid form of government-issued photo 
identification while fishing on the refuge.
* * * * *
0
10. Amend Sec.  32.43 by:
0
a. Under the entry Hillside National Wildlife Refuge:

[[Page 37412]]

0
i. Revising paragraphs A.1 and A.7;
0
ii. Redesignating paragraph A.21 as A.22; and
0
iii. Adding a new paragraph A.21;
0
b. Revising paragraph B.6 under the entry Holt Collier National 
Wildlife Refuge;
0
c. Under the entry Mathews Brake National Wildlife Refuge:
0
i. Revising paragraph A.7; and
0
ii. Adding paragraph A.22;
0
d. Under the entry Morgan Brake National Wildlife Refuge:
0
i. Revising paragraph A.7; and
0
ii. Adding paragraph A.21;
0
e. Under the entry Panther Swamp National Wildlife Refuge:
0
i. Revising introductory text in paragraph A and paragraph A.7; and
0
ii. Adding paragraphs A.22 and C.9; and
0
f. Under the entry Yazoo National Wildlife Refuge:
0
i. Revising paragraph A.7;
0
ii. Adding paragraph A.20; and
0
iii. Revising introductory text in paragraphs B and C.
    The additions and revisions read as follows:


Sec.  32.43   Mississippi.

* * * * *

Hillside National Wildlife Refuge

    A. * * *
    1. Each person age 16 and older hunting or fishing must possess a 
valid Theodore Roosevelt Complex Annual Public Use Permit (name/
address/phone number).
* * * * *
    7. We prohibit the use of plastic flagging tape, reflective tacks, 
and other similar marking devices.
* * * * *
    21. Waterfowl hunters are limited to 25 shotshells per person in 
the field.
* * * * *

Holt Collier National Wildlife Refuge

* * * * *
    B. * * *
    6. We prohibit the use of plastic flagging tape, reflective tacks, 
and other similar marking devices.
* * * * *

Mathews Brake National Wildlife Refuge

    A. * * *
    7. We prohibit the use of plastic flagging tape, reflective tacks, 
and other similar marking devices.
* * * * *
    22. Waterfowl hunters are limited to 25 shotshells per person in 
the field.
* * * * *

Morgan Brake National Wildlife Refuge

    A. * * *
    7. We prohibit the use of plastic flagging tape, reflective tacks, 
and other similar marking devices.
* * * * *
    21. Waterfowl hunters are limited to 25 shotshells per person in 
the field.
* * * * *

Panther Swamp National Wildlife Refuge

    A. Migratory Game Bird Hunting. We allow hunting of goose, duck, 
merganser, coot, and dove on designated areas of the refuge in 
accordance with State regulations and subject to the following 
regulations:
* * * * *
    7. We prohibit the use of plastic flagging tape, reflective tacks, 
and other similar marking devices.
* * * * *
    22. Waterfowl hunters are limited to 25 shotshells per person in 
the field.
* * * * *
    C. * * *
    9. Limited draw hunts for persons with disabilities will be held in 
November, December, and/or January. We will make hunt dates and permit 
application procedures (name/address/phone number) available at the 
Theodore Roosevelt Complex headquarters.
* * * * *

Yazoo National Wildlife Refuge

    A. * * *
    7. We prohibit the use of plastic flagging tape, reflective tacks, 
and other similar marking devices.
* * * * *
    20. Waterfowl hunters are limited to 25 shotshells per person in 
the field.
    B. Upland Game Hunting. We allow hunting of squirrel, rabbit, and 
raccoon on designated areas of the refuge in accordance with State 
regulations and subject to the following conditions:
* * * * *
    C. Big Game Hunting. We allow hunting of white-tailed deer on 
designated areas of the refuge in accordance with State regulations and 
subject to the following conditions:
* * * * *


Sec.  32.44   [Amended]

0
11. Amend Sec.  32.44 by removing the heading ``Squaw Creek National 
Wildlife Refuge''; adding in its place the heading ``Loess Bluffs 
National Wildlife Refuge''; and moving the entry into alphabetical 
order within the section.
0
12. Amend Sec.  32.47 by revising paragraph A.5 under the entry 
Stillwater National Wildlife Refuge to read as follows:


Sec.  32.47  Nevada.

* * * * *

Stillwater National Wildlife Refuge

    A. * * *
    5. We prohibit boating outside of the waterfowl and youth waterfowl 
hunting season except in Willow Lake where we allow nonmotorized 
boating from July 1 to March 1.
* * * * *
0
13. Amend Sec.  32.49 by revising paragraph D.1 under the entry 
Wallkill River National Wildlife Refuge to read as follows:


Sec.  32.49   New Jersey.

* * * * *

Wallkill River National Wildlife Refuge

* * * * *
    D. * * *
    1. We allow fishing in and along the banks of the Wallkill River. 
We allow shore fishing only in the pond at Owens Station Crossing, 
Vernon, New Jersey. Fishing at Owens State Crossing is catch and 
release only.
* * * * *
0
14. Amend Sec.  32.51, the entry for Montezuma National Wildlife 
Refuge, by:
0
a. Redesignating paragraphs A.1.xiii through A.1.xix as A.1.xiv through 
A.1.xx;
0
b. Adding a new paragraph A.1.xiii;
0
c. Revising newly redesignated paragraphs A.1.xvii and A.1.xx; and
0
d. Revising paragraphs A.2.iii, B.1, and C.13.
    The revisions and addition read as follows:


Sec.  32.51   New York.

* * * * *

Montezuma National Wildlife Refuge

    A. * * *
    1. * * *
    xiii. If you have a reservation but do not show up to hunt, and do 
not cancel your reservation 12 hours prior to legal shooting time, then 
you may be ineligible to hunt the next 3 hunt days. This decision is at 
the refuge manager's discretion.
* * * * *
    xvii. Waterfowl hunters may possess a maximum of 15 shot shells on 
their person or in their means of conveyance.
* * * * *
    xx. You must possess, carry, and present upon request to any law 
enforcement officer a valid daily hunt permit card (Migratory Bird Hunt 
Report, FWS Form 3-2361). You must return the daily hunt permit card at 
the end of hunting. You may obtain a

[[Page 37413]]

permit at the Hunter Check Station during the check-in process, and 
return it to the Hunter Check Station or at the box located at the 
north end of the Tschache Pool dike.
    2. * * *
    iii. You must possess, carry, and present upon request to any 
Service law enforcement officer a valid daily hunt permit card 
(Migratory Bird Hunt Report, FWS Form 3-2361). You must return the 
daily hunt permit card at the end of hunting or at the end of the day. 
You may obtain a permit at the Hunter Check Station on State Route 89 
and return it to the same location; obtaining a permit will be on a 
first-come, first-served basis each hunt day.
* * * * *
    B. * * *
    1. You must carry and present upon request to any Service law 
enforcement officer a valid daily hunt permit card (Big/Upland Game 
Hunt Application, FWS Form 3-2356). You must return the daily hunt 
permit card at the end of hunting or at the end of the day. You may 
obtain a permit at the Hunter Check Station on State Route 89 and 
return it to the same location; obtaining a permit during the fall 
season will be on a first-come, first-served basis each hunt day.
* * * * *
    C. * * *
    13. We prohibit boats and canoes on refuge pools. We prohibit 
hunting on the open-water portions of the refuge pools until the pools 
are frozen; when frozen, we allow access for hunting at the refuge 
manager's discretion.
* * * * *
0
15. Amend Sec.  32.53 by:
0
a. Revising paragraph C introductory text under the entry Des Lacs 
National Wildlife Refuge; and
0
b. Under the entry Upper Souris National Wildlife Refuge:
0
i. Revising paragraph B introductory text and paragraphs B.1 through 
B.5; and
0
ii. Revising paragraph C introductory text.
    The revisions read as follows:


Sec.  32.53  North Dakota.

* * * * *

Des Lacs National Wildlife Refuge

* * * * *
    C. Big Game Hunting. We allow deer and moose hunting on designated 
areas of the refuge in accordance with State regulations and subject to 
the following conditions:
* * * * *

Upper Souris National Wildlife Refuge

* * * * *
    B. Upland Game Hunting. We allow hunting of wild turkey during the 
spring season, and sharp-tailed grouse, Hungarian partridge, and 
pheasant on designated areas of the refuge in accordance with State 
regulations and subject to the following conditions:
    1. We allow the use of dogs for hunting and retrieving of upland 
game birds with the exception of wild turkey. Dogs must be under 
immediate control of the hunter (see Sec.  26.21(b) of this chapter).
    2. We open for sharp-tailed grouse, Hungarian partridge, and 
pheasant hunting on Unit I during the State hunting season. Unit I 
includes all refuge land north of the township road that runs east of 
Tolley, across Dam 41 (Carter Dam), and east to State Route 28.
    3. We open for sharp-tailed grouse, Hungarian partridge, and 
pheasant hunting on Unit II during the State hunting season, except we 
close from the first day of the regular State waterfowl season through 
the last day of State deer gun season. Unit II includes refuge land 
between Lake Darling Dam and Unit I.
    4. We close land south of Lake Darling Dam to sharp-tailed grouse, 
Hungarian partridge, and pheasant hunting.
    5. We prohibit sharp-tailed grouse, Hungarian partridge, pheasant, 
and spring wild turkey hunting in the area around refuge headquarters, 
buildings, shops, residences, Outlet Fishing Area, and Lake Darling Dam 
water control structure. We post these areas with ``Closed to Hunting'' 
signs.
* * * * *
    C. Big Game Hunting. We allow deer and moose hunting on designated 
areas of the refuge in accordance with State regulations and subject to 
the following conditions:
* * * * *
0
16. Amend Sec.  32.55 by:
0
a. Revising paragraphs A.7, A.8, B.6, C.1, C.3, and C.5 under the entry 
Deep Fork National Wildlife Refuge; and
0
b. Revising paragraphs B and C under the entry Sequoyah National 
Wildlife Refuge.
    The revisions read as follows:


Sec.  32.55  Oklahoma.

* * * * *

Deep Fork National Wildlife Refuge

    A. * * *
    7. We prohibit horse and mule use on the refuge.
    8. We provide access for hunters with disabilities.
* * * * *
    B. * * *
    6. We offer refuge-controlled turkey hunts. You must possess a 
State-issued controlled hunt letter and pay a fee for these hunts.
* * * * *
    C. * * *
    1. You must possess and carry a signed refuge permit (name only) 
for the archery deer hunt. Hunters must turn in a Big Game Harvest 
Report (FWS Form 3-2359) by December 31 annually. Failure to submit the 
report will render the hunter ineligible for the next year's limited 
season archery deer hunt.
* * * * *
    3. You may hunt feral hog during any established refuge hunting 
season. Refuge permits (either a signed refuge permit or a State-issued 
controlled hunt letter) and legal weapons apply for the current hunting 
season.
* * * * *
    5. We offer refuge-controlled deer hunts (primitive weapon, 
disabled primitive, and youth primitive). You must possess a permit (a 
State-issued controlled hunt letter) and pay a fee for these hunts.
* * * * *

Sequoyah National Wildlife Refuge

* * * * *
    B. Upland Game Hunting. We allow hunting of Eastern gray and fox 
squirrel and swamp and Eastern cottontail rabbit on designated areas of 
the refuge in accordance with State regulations and subject to the 
following conditions:
    1. Conditions A3, A4, A5, A8, and A12 apply.
    2. You must possess and carry a signed refuge brochure; this serves 
as your Upland Game Hunting Permit. The permit/brochure is available 
free of charge at the refuge headquarters, at various entry points to 
the refuge, and on our Web site. You must abide by all rules and 
regulations listed on the permit (see Sec.  32.2(e) of this chapter).
    3. We prohibit hunters entering the Sandtown Bottom Unit prior to 5 
a.m. during the hunting season. Hunters must leave the Sandtown Bottom 
Unit by 1 hour after legal sunset.
    4. We open the refuge to hunting on Saturdays, Sundays, Mondays, 
and Tuesdays. We generally open the following units: Sandtown Bottom, 
Webber Bottom, Girty Bottom, Possum Hollow, and Vian Creek.
    5. Season lengths and bag limits will be in accordance with State 
regulations with the exception that all upland game hunting will close 
on January 31 of each year.
    6. We only allow legal shotguns and approved nontoxic shot (see 
Sec.  32.2(k) of this chapter). You must plug hunting shotguns so that 
they are incapable of holding more than three shells. We also

[[Page 37414]]

allow .22/.17 rimfire rifles for hunting upland game.
    7. We prohibit squirrel and rabbit hunting in the Cook, Hi-Saw/
Shelby, Delta Islands, and Haskell Management Units.
    8. Incidental take of feral hogs may occur during squirrel and 
rabbit hunting season.
    C. Big Game Hunting. We allow hunting of white-tailed deer on 
designated areas of the refuge in accordance with State regulations and 
subject to the following conditions:
    1. Conditions A8, A9, and A12 apply.
    2. You must possess and carry a hunt permit (State-issued permit), 
and comply with the designated refuge season, hunting methods, and 
location guidelines for that year.
    3. Hunters must apply to the State-controlled deer hunt drawing 
administered by the Oklahoma Department of Wildlife Conservation for 
selection. You must attend a pre-hunt briefing.
    4. You must pay State and Federal special deer hunting fees.
    5. Incidental take of feral hogs may occur during deer hunting 
season.
* * * * *
0
17. Amend Sec.  32.56 by:
0
a. Under the entry Baskett Slough National Wildlife Refuge:
0
i. Revising paragraph A.1;
0
ii. Redesignating paragraphs A.2 through A.11 as A.3 through A.12, 
respectively;
0
iii. Adding a new paragraph A.2; and
0
iv. Revising newly redesignated paragraph A.8; and
0
b. Revising paragraph D under the entry Siletz Bay National Wildlife 
Refuge.
    The addition and revisions read as follows:


Sec.  32.56   Oregon.

* * * * *

Baskett Slough National Wildlife Refuge

    A. * * *
    1. Only hunters age 17 or younger are allowed to participate in the 
Youth Waterfowl Hunt. Youths must be accompanied by an adult age 21 or 
older.
    2. Youth must obtain a refuge waterfowl hunting permit using the 
Waterfowl Lottery Application (FWS Form 3-2355). All youth hunting 
waterfowl must do so from designated blinds.
* * * * *
    8. Waterfowl and goose permit hunters are required to check in and 
out at the Hunter Check Station (refuge office), which is open from 
1\1/2\ hours before legal hunting hours to 8 a.m. and from 11 a.m. to 1 
p.m. We prohibit hunting after 12 p.m. (noon).
* * * * *

Siletz Bay National Wildlife Refuge

* * * * *
    D. Sport Fishing. We allow fishing and clamming in accordance with 
State regulations and subject to the following conditions:
    1. We allow recreational bank fishing from the Alder Island Nature 
Trail.
    2. We allow clamming on refuge lands and access across refuge lands 
to State-managed tidelands for clamming on the west side of U.S. 
Highway 101.
    3. We prohibit pets on refuge trails or other refuge lands. We 
allow leashed pets only in the parking lot.
    4. We allow fishing only from legal sunrise to legal sunset.
* * * * *
0
18. Amend Sec.  32.63, the entry for Hagerman National Wildlife Refuge, 
by:
0
a. Revising paragraph A.10;
0
b. Adding paragraph A.15;
0
c. Revising paragraph B;
0
d. Revising paragraphs C.2, D.2, and D.4; and
0
e. Adding paragraphs D. 15 through D.18.
    The additions and revisions read as follows:


Sec.  32.63   Texas.

* * * * *

Hagerman National Wildlife Refuge

    A. * * *
    10. We prohibit airboats, hovercraft, and personal watercraft (such 
as Jet Skis, wave runners, and jet boats) on refuge waters.
* * * * *
    15. We prohibit blocking of gates and roads (see Sec.  27.31(h) of 
this chapter).
    B. Upland Game Hunting. We allow hunting of squirrel and rabbit in 
the months of February and September on designated areas of the refuge 
in accordance with State regulations and subject to the following 
conditions: Conditions A1 through A15 apply.
    C. * * *
    2. Conditions A2, A5 through A7, and A10 through A15 apply.
* * * * *
    D. * * *
    2. Conditions A10, and A12 through A15 apply.
* * * * *
    4. We allow wade fishing March 15 through October 1 annually from 
all areas except Refuge Road, Wildlife Drive, Plover Road, Tern Road, 
and Egret Road.
* * * * *
    15. We prohibit boats and other floating devices on all open waters 
of Lake Texoma, except Big Mineral Creek from October 1 through March 
14 annually.
    16. At the point where Big Mineral Creek joins Lake Texoma, Big 
Mineral Creek becomes a year-round no wake zone to the end of upstream 
navigable waters.
    17. From October 1 through March 14, we allow only nonmotorized 
boats in Big Mineral Creek from the point where it joins Lake Texoma to 
the upstream end of navigable waters. You may not have any type of gas 
or electric motor onboard that is capable of use. You may launch boats 
from a boat ramp only from L Pad Road or by hand at the Big Mineral Day 
Use Area.
    18. We prohibit discarding fish whole or in part on refuge lands 
and waters.
* * * * *
0
19. Amend Sec.  32.65 by revising paragraphs A.1.ii, A.1.iii, 
A.1.iii.c, A.1.iii.d, A.1.iv.a through A.1.iv.d, A.1.iv.g through 
A.1.iv.i, A.1.iv.m, A.1.iv.p, A.1.v.c, and introductory text of A.1.vi. 
under the entry Missisquoi National Wildlife Refuge to read as follows:


Sec.  32.65  Vermont.

* * * * *

Missisquoi National Wildlife Refuge

    A. * * *
    1. * * *
    ii. Maquam Shore Area encompasses a 30-acre area along the 
lakeshore of Maquam Bay and is bounded by private land on the west and 
a Vermont wildlife management area on the east. In the Maquam Shore 
Area, conditions A.1.i.a. through A.1.i.f. apply.
    iii. Saxes Pothole/Creek and Shad Island Pothole encompass Saxes 
Creek, Saxes Pothole, and Shad Island Pothole. This is a controlled 
hunting area. We stake and make available five zones (numbered 1 
through 5) to five hunting parties in Saxes Pothole; zone 6 is staked 
and available to one hunting party in Shad Island Pothole.
* * * * *
    c. You may apply to a preseason lottery (Waterfowl Lottery 
Application, FWS Form 3-2355) to obtain a permit (Migratory Bird Hunt 
Report, FWS Form 3-2361) for the opening day of duck hunting season 
through the first Sunday of the duck hunting season and for the second 
weekend of the duck hunting season. During the years when the State 
elects to have a split season, you may also obtain your permit 
(Migratory Bird Hunt Report, FWS Form 3-2361) for the second opening 
day through the following Sunday through application

[[Page 37415]]

to the preseason lottery (Waterfowl Lottery Application, FWS Form 3-
2355). On all other hunt days, you must acquire a permit (Migratory 
Bird Hunt Report, FWS Form 3-2361) through self-registration at the 
Mac's Bend Landing no earlier than 2 hours before legal shooting time 
on the day of the hunt.
    d. Hunters selected during the preseason lottery (Waterfowl Lottery 
Application, FWS Form 3-2355) must pay a $10 fee. The refuge must 
receive the fee no later than 2 days before the opening of the season 
or the selected hunter forfeits the permit (Migratory Bird Hunt Report, 
FWS Form 3-2361), which we will then make available to other hunters on 
a first-come, first-served basis. The fee is paid for any permit 
(Migratory Bird Hunt Report, FWS Form 3-2361) assigned before the day 
of the hunt. There is no fee for any permit (Migratory Bird Hunt 
Report, FWS Form 3-2361) obtained on the day of the hunt.
* * * * *
    iv. * * *
    a. Junior waterfowl hunters (ages 12-17, inclusive, at the time of 
the hunt), following successful completion of the annual training 
program (usually held the third or fourth Saturday in August), vie for 
blind site assignments during a lottery drawing (Waterfowl Lottery 
Application, FWS Form 3-2355) at the conclusion of the training. The 11 
blind sites are available exclusively to these junior waterfowl hunters 
and their mentors during the first four Saturdays and Sundays of the 
duck season.
    b. During a lottery drawing (Waterfowl Lottery Application, FWS 
Form 3-2355) at the conclusion of the annual junior waterfowl hunter 
training, adult volunteers who serve as mentors to junior waterfowl 
hunters will vie for the use of junior hunt area blind sites on the 
first Wednesday following the second weekend of the season. This is 
known as Mentor Day, and there is no fee charged to mentors. Any junior 
hunt area blinds not assigned at the conclusion of the annual junior 
waterfowl hunter training will be available to other adult hunters via 
a preseason lottery (Waterfowl Lottery Application, FWS Form 3-2355). 
Mentors will also be permitted to hunt alongside the junior hunters on 
the last two Saturdays and Sundays of the junior hunt period.
    c. Following the use of the blind sites in this area by junior 
hunters and junior hunter mentors, all blind sites are then available 
to all adult hunters by permit (Migratory Bird Hunt Report, FWS Form 3-
2361) awarded via a preseason lottery (Waterfowl Lottery Application, 
FWS Form 3-2355) for the second Wednesday following the second weekend 
of the duck season; and on weekends following the junior hunt by a 
first-come, first-served basis; hunters must self-register at the Mac's 
Bend boat launch.
    d. Hunters, including junior hunters, with preregistered permits 
(Migratory Bird Hunt Report, FWS Form 3-2361) must sign in at the Mac's 
Bend boat launch no later than 7 a.m. on the date of their scheduled 
hunt. After 7 a.m., other hunters may sign in, self-register, and use 
unoccupied blind sites. Only junior hunters may hunt on the first four 
Saturdays and Sundays of the season. Adult mentors may hunt alongside 
their junior hunters for the last two Saturdays and Sundays of the 
junior hunt period. During this time, there still can only be two 
hunters per blind site (one junior and one mentor, or two juniors), 
regardless of the number of mentees.
* * * * *
    g. Each adult hunter, except mentors on Mentor Day, must pay $10 
for each permit (Migratory Bird Hunt Report, FWS Form 3-2361) issued 
during the preseason lottery (Waterfowl Lottery Application, FWS Form 
3-2355). Permits acquired by self-registration are free.
    h. Only junior hunters may discharge a firearm in this area during 
the youth weekend and the first two weekends of the season. Adult 
mentors may hunt alongside one junior mentee for the remainder of the 
junior hunt period.
    i. We allow and recommend hunting from portable blinds and boat 
blinds constructed and placed by the refuge at some of the junior blind 
sites. Junior hunters are assigned a blind location by a lottery. We 
prohibit permanent blinds.
* * * * *
    m. At the end of each day's hunt, each hunter must complete and 
deposit at Mac's Bend boat launch that portion of their permit 
(Migratory Bird Hunt Report, FWS Form 3-2361) that provides the number 
of birds harvested and number of birds knocked down but not retrieved.
* * * * *
    p. A hunting party consists of the hunter named on the permit 
(Migratory Bird Hunt Report, FWS Form 3-2361) and one guest hunter per 
blind site per day. Junior hunters may not invite a guest hunter unless 
it is another refuge-trained junior hunter. Nonhunters may accompany a 
hunting party.
* * * * *
    v. * * *
    c. Hunters selected during the preseason lottery (Waterfowl Lottery 
Application, FWS Form 3-2355) must pay a $10 fee. The refuge must 
receive the fee no later than 2 days before the opening of the season 
or the selected hunter forfeits the permit (Migratory Bird Hunt Report, 
FWS Form 3-2361), which will be made available first to standby hunters 
identified at the time of the drawing, and second to other hunters on a 
first-come, first-served basis. You must pay the fee for any permit 
(Migratory Bird Hunt Report, FWS Form 3-2361) before the day of the 
hunt. There is no fee for any permit (Migratory Bird Hunt Report, FWS 
Form 3-2361) obtained on the day of the hunt.
* * * * *
    vi. Maquam Swamp Area encompasses about 200 acres (80.9 hectares) 
west of the Central Vermont Railroad and south of Coleman's inholding 
and is open to migratory bird hunting with the following special 
requirements:
* * * * *
0
20. Amend Sec.  32.66 by:
0
a. Revising paragraphs A, C, and D under the entry Chincoteague 
National Wildlife Refuge;
0
b. Under the entry Eastern Shore of Virginia National Wildlife Refuge:
0
i. Revising paragraphs C.3 and C.5;
0
ii. Removing paragraphs C.6, C.10, and C.11;
0
iii. Redesignating paragraphs C.7 through C.9 as C.6 through C.8, 
respectively; and
0
iv. Revising newly redesignated paragraph C.8; and
0
c. Revising paragraph C under the entry Wallops Island National 
Wildlife Refuge.
    The revisions read as follows:


Sec.  32.66  Virginia.

* * * * *

Chincoteague National Wildlife Refuge

    A. Migratory Game Bird Hunting. We allow hunting of waterfowl (as 
defined by the Virginia Waterfowl Hunting Guide) and rail on designated 
areas of the refuge within Wildcat Marsh, Morris Island, Assawoman 
Island, and Metompkin Island Divisions in accordance with State 
regulations and subject to the following conditions:
    1. You must obtain a Refuge Migratory Game Bird Hunt Permit 
(Migratory Bird Hunt Application, FWS Form 3-2357) and maintain the 
permit on your person while hunting on the refuge.
    2. You may only access hunting areas by boat.
    3. You may erect portable blinds and deploy decoys; however, during 
the regular duck seasons, you must remove the blinds and decoys at the 
end of each day's hunt (see Sec.  27.93 of this chapter).

[[Page 37416]]

We prohibit hunting from a permanent blind or pit blind.
    4. You may use trained dogs to assist in the retrieval of harvested 
birds.
    5. We prohibit hunting on Assawoman and Metompkin Islands' beach 
and dune habitats beginning March 15.
    6. We do not allow hunting on Sunday.
* * * * *
    C. Big Game Hunting. We allow hunting of white-tailed deer and sika 
in designated areas of the refuge in accordance with State regulations 
and subject to the following conditions:
    1. General hunt information:
    i. You must possess a refuge hunt permit (Quota Deer Hunt 
Application, FWS Form 3-2354) while hunting.
    ii. You must certify on your application you have viewed the 
refuge's hunt orientation.
    iii. We allow holders of a refuge hunt permit (Quota Deer Hunt 
Application, FWS Form 3-2354) to access areas of the refuge typically 
closed to the non-hunting public. All occupants of a vehicle or hunt 
party must possess a refuge hunt permit and be actively engaged in 
hunting. We allow an exception to exist for those persons aiding a 
disabled person who possesses a valid State-issued Commonwealth of 
Virginia Disabled Resident Lifetime License or Commonwealth of Virginia 
Resident Disabled Veteran's Lifetime License.
    iv. You must sign in at the hunter registration station prior to 
entering your hunt zone and sign out upon exiting your hunt zone. All 
hunters must sign out no later than 2 hours after the end of legal 
shooting hours.
    v. You must check all harvested animals at the hunter registration 
station prior to signing out.
    vi. We prohibit the use of a boat, all-terrain vehicle (see Sec.  
27.31(f) of this chapter), or saddled animal to access hunt areas or 
while hunting.
    vii. We allow the use of portable tree stands, but you must remove 
stands at the end of each day's hunt (see Sec.  27.93 of this chapter).
    viii. You may not hunt within 100 feet (30.5 meters) of any 
building.
    ix. We prohibit deer drives. We define a ``drive'' as four 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.
    x. We prohibit hunting on Sundays.
    2. Archery hunt information:
    i. We allow hunting of white-tailed deer and sika with archery 
tackle, as defined by the State, in designated areas of the refuge.
    ii. You may not hunt or nock an arrow or crossbow bolt within 50 
feet (15.2 meters) of the centerline of any road, whether improved or 
unimproved, or paved trail.
    3. Firearm hunt information:
    i. We allow hunting of white-tailed deer and sika with firearms in 
designated areas of the refuge.
    ii. You may not hunt or discharge a firearm on or within 50 feet 
(15.2 meters) of the centerline of any road, whether improved or 
unimproved, or paved trail. You may not shoot across or down any road 
or paved trail.
    D. Sport Fishing. We allow sport fishing, crabbing, and clamming 
from the shoreline of the refuge in designated areas of Tom's Cove, 
Swan's Cove, and the Atlantic Ocean in accordance with State 
regulations and subject to the following conditions:
    1. You may not wade or launch a vessel in any water management 
areas.
    2. You must attend minnow traps, crab traps, crab pots, and 
handlines at all times.
    3. We prohibit the use of seine nets and pneumatic (compressed air 
or otherwise) bait launchers.
    4. The State regulates certain species of finfish, shellfish, and 
crustacean (crab) using size or possession limits. You may not alter 
these species, to include cleaning or filleting, in such a way that we 
cannot determine its species or total length.
    5. In order to fish after the refuge closes, anglers must obtain an 
overnight fishing pass (name/address/phone) issued by the National Park 
Service. Anglers can obtain a pass in person at the National Park 
Service Tom's Cove Visitor Center.
    6. We allow only three surf fishing poles per licensed angler, and 
those poles must be attended at all times. This includes persons age 65 
or older who are license-exempt in Virginia.

Eastern Shore of Virginia National Wildlife Refuge

* * * * *
    C. * * *
    3. We allow holders of a refuge big game hunt permit (signed 
brochure) to access areas of the refuge typically closed to the non-
hunting public. All occupants of a vehicle or hunt party must possess a 
refuge hunt permit and be actively engaged in hunting. We allow an 
exception to exist for those persons aiding a disabled person who 
possesses a valid State-issued Commonwealth of Virginia Disabled 
Resident Lifetime License or Commonwealth of Virginia Resident Disabled 
Veteran's Lifetime License.
* * * * *
    5. We allow the use of portable tree stands, but stands must be 
removed daily.
* * * * *
    8. We only allow shotguns loaded with buckshot during the firearm 
season.
* * * * *

Wallops Island National Wildlife Refuge

* * * * *
    C. Big Game Hunting. We allow hunting of white-tailed deer in 
designated areas of the refuge in accordance with State regulations and 
subject to the following conditions:
    1. You must obtain a refuge hunt permit (Big/Upland Game Hunt 
Application, FWS Form 3-2356) and carry it on your person while 
hunting.
    2. You must sign in at the hunter registration station prior to 
entering your hunt zone and sign out upon exiting your hunt zone. All 
hunters must sign out no later than 2 hours after the end of legal 
shooting hours.
    3. You must report all harvested animals on the sign-out sheet at 
the hunter registration station when signing out.
    4. We allow the use of portable tree stands. You must remove stands 
by the end of the hunt season (see Sec.  27.93 of this chapter).
    5. We prohibit dogs.
    6. You must park your vehicle in designated areas.
    7. We prohibit deer drives. We define a ``drive'' as four 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.
* * * * *
0
21. Amend Sec.  32.69 by:
0
a. Under the entry Fox River National Wildlife Refuge:
0
i. Removing paragraph C.2;
0
ii. Redesignating paragraphs C.3 through C.5 as C.2 through C.4, 
respectively; and
0
iii. Revising newly redesignated paragraph C.3;
0
b. Revising paragraphs A, B, and C under the entry Horicon National 
Wildlife Refuge; and
0
c. Revising paragraph D under the entry Leopold Wetland Management 
District.
    The revisions read as follows:


Sec.  32.69  Wisconsin.

* * * * *

Fox River National Wildlife Refuge

* * * * *
    C. * * *

[[Page 37417]]

    3. You may enter the refuge no earlier than 1 hour before legal 
shooting hours and must exit the refuge no later than 1 hour after 
legal shooting hours end.
* * * * *

Horicon National Wildlife Refuge

    A. Migratory Game Bird Hunting. We allow hunting of goose, duck, 
and coot on designated areas of the refuge in accordance with State 
regulations and subject to the following condition: We allow only 
participants in the Learn to Hunt and other special programs to hunt.
    B. Upland Game Hunting. We allow hunting of wild turkey, ring-
necked pheasant, gray partridge, squirrel, and cottontail rabbit on 
designated areas of the refuge in accordance with State regulations 
during the State seasons and subject to the following conditions:
    1. For hunting, you may possess only approved nontoxic shot shells 
while in the field, including shot shells used for hunting wild turkey 
(see Sec.  32.2(k) of this chapter).
    2. We prohibit field possession of upland game species in areas 
closed to upland game hunting.
    3. We prohibit engaging in hunting in areas closed to upland game 
hunting.
    C. Big Game Hunting. We allow hunting of white-tailed deer in 
designated areas of the refuge in accordance with State regulations and 
subject to the following conditions:
    1. We prohibit the construction or use of permanent blinds, 
platforms, or ladders.
    2. You must remove all stands and personal property from the refuge 
following each day's hunt. We prohibit hunting from any stand left up 
overnight (see Sec. Sec.  27.93 and 27.94 of this chapter).
    3. You must possess a refuge permit (Big/Upland Game Hunt 
Application, FWS Form 3-2356) to hunt in Area E (surrounding the 
office/visitor center).
    4. You may only hunt in Area D (auto tour/hiking trail) during the 
State 9-day gun season and December antlerless-only hunts. The refuge 
will post these dates annually.
    5. You may enter the refuge no earlier than 1 hour before legal 
shooting hours and must exit the refuge no later than 1 hour after 
legal shooting hours.
    6. Any ground blind used during any gun deer season must display at 
least 144 square inches (929 square centimeters) of solid-blaze-orange 
material visible from all directions.
    7. We prohibit the field possession of white-tailed deer in areas 
closed to white-tailed deer hunting.
    8. We prohibit engaging in hunting in areas closed to white-tailed 
deer hunting.
* * * * *

Leopold Wetland Management District

* * * * *
    D. Sport Fishing. We allow sport fishing on Waterfowl Production 
Areas throughout the District in accordance with State regulations and 
subject to the following condition: We prohibit the use of motorized 
boats.
* * * * *

    Dated: July 13, 2017.
Virginia Johnson,
Acting Assistant Secretary, Fish and Wildlife and Parks.
[FR Doc. 2017-16374 Filed 8-9-17; 8:45 am]
 BILLING CODE 4333-15-P