2021-2022 Station-Specific Hunting and Sport Fishing Regulations, 48822-48883 [2021-18426]
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Background
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Parts 32 and 71
[Docket No. FWS–HQ–NWRS–2021–0027;
FXRS12610900000–212–FF09R20000]
RIN 1018–BF09
2021–2022 Station-Specific Hunting
and Sport Fishing Regulations
Fish and Wildlife Service,
Interior.
ACTION: Final rule.
AGENCY:
We, the U.S. Fish and
Wildlife Service (Service), open, for the
first time, seven National Wildlife
Refuges (NWRs) that are currently
closed to hunting and sport fishing. In
addition, we open or expand hunting
and sport fishing at 81 other NWRs, and
add pertinent station-specific
regulations for other NWRs that pertain
to migratory game bird hunting, upland
game hunting, big game hunting, and
sport fishing for the 2021–2022 season.
We also open hunting or sport fishing
on one unit of the National Fish
Hatchery System (NFH). We add
pertinent station-specific regulations
that pertain to migratory game bird
hunting, upland game hunting, big game
hunting, and sport fishing at this NFH
for the 2021–2022 season. Finally, we
make regulatory changes to existing
station-specific regulations in order to
reduce the regulatory burden on the
public, increase access for hunters and
anglers on Service lands and waters,
and comply with a Presidential mandate
for plain language standards.
DATES: This rule is effective August 31,
2021.
ADDRESSES: This final rule, its
supporting documents, and the
comments we received on the May 4,
2021, proposed rule (86 FR 23794) are
available at https://www.regulations.gov
at Docket No. FWS–HQ–NWRS–2021–
0027.
Information collection requirements:
Written comments and suggestions on
the information collection requirements
may be submitted at any time to the
Service Information Collection
Clearance Officer, U.S. Fish and
Wildlife Service, 5275 Leesburg Pike,
MS: PRB (JAO/3W), Falls Church, VA
22041–3803 (mail); or Info_Coll@fws.gov
(email). Please reference ‘‘OMB Control
Number 1018–0140’’ in the subject line
of your comments.
FOR FURTHER INFORMATION CONTACT:
Christian Myers, (571) 422–3595.
SUPPLEMENTARY INFORMATION:
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SUMMARY:
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The National Wildlife Refuge System
Administration Act of 1966 (16 U.S.C.
668dd–668ee), as amended
(Administration Act), 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 hunting and
sport fishing programs to determine
whether to include additional stations
or whether individual station
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 station-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 station purposes or the
Service’s mission.
Provisions governing hunting and
sport fishing on refuges are in title 50 of
the Code of Federal Regulations at part
32 (50 CFR part 32), and on hatcheries
at part 71 (50 CFR part 71). We regulate
hunting and sport fishing to:
• Ensure compatibility with refuge
and hatchery purpose(s);
• Properly manage fish and wildlife
resource(s);
• Protect other values;
• Ensure visitor safety; and
• Provide opportunities for fish- and
wildlife-dependent recreation.
On many stations 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
stations, we must supplement State
regulations with more-restrictive
Federal regulations to ensure that we
meet our management responsibilities,
as outlined under Statutory Authority,
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below. We issue station-specific hunting
and sport fishing regulations when we
open wildlife refuges and fish
hatcheries 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.
Statutory Authority
The Administration Act, as amended
by the National Wildlife Refuge System
Improvement Act of 1997 (Improvement
Act; Pub. L. 105–57), governs the
administration and public use of
refuges, and the Refuge Recreation Act
of 1962 (16 U.S.C. 460k–460k–4)
(Recreation Act) governs the
administration and public use of refuges
and hatcheries.
Amendments enacted by the
Improvement Act were built upon the
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 and Hatchery System for
public recreation as an appropriate
incidental or secondary use only to the
extent that doing so is practicable and
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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 or hatchery
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 station-specific
regulations to ensure the compatibility
of the programs with the purpose(s) for
which we established the refuge or
hatchery and the Refuge and Hatchery
System mission. We ensure initial
compliance with the Administration Act
and the Recreation Act for hunting and
sport fishing on newly acquired land
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
parts 32 and 71. We ensure continued
compliance by the development of
comprehensive conservation plans
(CCPs) and step-down management
plans, and by annual review of hunting
and sport fishing programs and
regulations.
Summary of Comments and Responses
On May 4, 2021, we published in the
Federal Register (86 FR 23794) a
proposed rule to open sport fishing at
one NFH, open seven NWRs that are
currently closed to hunting and sport
fishing, expand hunting and sport
fishing at 83 other NWRs, and add
pertinent station-specific regulations for
other NWRs that pertain to migratory
game bird hunting, upland game
hunting, big game hunting, and sport
fishing for the 2021–2022 season. We
accepted public comments on the
proposed rule for 60 days, ending July
6, 2021. By that date, we received more
than 1,200 comments on the proposed
rule. More than two-thirds of these
comments were form letters or
otherwise identical duplicates of other
comments on the proposed rule, and the
vast majority of those were submitted by
one organization and were supportive of
the rule. The majority of the substantive
comments on the proposed rule stated
that the Service should prohibit lead
ammunition and tackle on some or all
stations. The Service recognizes that
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lead is an important issue and will
continue to appropriately evaluate and
regulate lead ammunition and tackle on
Service lands and waters. We discuss
the remaining unique comments we
received below by topic. Beyond our
responses below, additional stationspecific information on how we
responded to comments on particular
hunting or fishing opportunities at a
given refuge or hatchery can be found in
that station’s final hunting and/or
fishing package, each of which can be
located online at: https://www.fws.gov/
refuges/hunting/rules-regulations-andimproved-access/.
Comment (1): We received a
substantial number of comments
expressing general support for the
proposed changes in the rule. Of the
unique comments on the rule, more
than half were in general support of the
proposed changes. These comments of
general support either expressed
appreciation for the increased hunting
and fishing access in the rule overall,
expressed appreciation for increased
access at particular refuges, or both. In
addition to this general support, some
commenters requested additional
hunting and fishing opportunities at
specific stations or generally in several
States.
Our Response: Hunting and fishing on
U.S. Fish and Wildlife Service lands is
a tradition that dates back to the early
1900s. In passing the Improvement Act,
Congress reaffirmed that the Refuge
System was created to conserve fish,
wildlife, plants, and their habitats, and
would facilitate opportunities for
Americans to participate in compatible
wildlife-dependent recreation,
including hunting and fishing on Refuge
System lands. We prioritize wildlifedependent recreation, including hunting
and fishing, when doing so is
compatible with the purpose of the
refuge and the mission of the NWRS.
Hunting or fishing on hatcheries, unlike
Refuge System lands, is authorized
when such activity is not detrimental to
the propagation and distribution of fish
or other aquatic wildlife (see 50 CFR
71.1).
We will continue to open and expand
hunting and sport fishing opportunities
across refuges and hatcheries; however,
as detailed further in our response to
Comment (2), below, opening or
expanding hunting or fishing
opportunities on Service lands is not a
quick or simple process. The annual
regulatory cycle begins in June or July
of each year for the following hunting
and sport fishing season (the planning
cycle for this 2021–2022 final rule began
in June 2020). This annual timeline
allows us time to collaborate closely
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with our State, Tribal, and Territorial
partners, as well as other partners
including nongovernmental
organizations, on potential
opportunities. It also provides us with
time to complete environmental
analyses and other requirements for
opening or expanding new
opportunities. Therefore, it would be
impracticable for the Service to
complete multiple regulatory cycles in
one calendar year due to the logistics of
coordinating with various partners.
Once we determine that a hunting or
sport fishing opportunity can be carried
out in a manner compatible with
individual station purposes and
objectives, we work expeditiously to
open it.
We did not make any changes to the
rule as a result of these comments.
Comment (2): Many commenters
expressed general opposition to any
hunting or fishing in the Refuge System.
Of the unique comments on the rule,
less than one-fourth were in general
opposition to the proposed changes
without raising any substantive issues.
In many cases, commenters stated that
hunting was antithetical to the purposes
of a ‘‘refuge,’’ which, in their opinion,
should serve as an inviolate sanctuary
for all wildlife. Some of these
commenters generically opposed
expanded or new hunting or fishing
opportunities at specific stations.
Our Response: The Service prioritizes
facilitating wildlife-dependent
recreational opportunities, including
hunting and fishing, on Service land in
compliance with applicable Service law
and policy. For refuges, the
Administration Act, as amended,
stipulates that hunting (along with
fishing, wildlife observation and
photography, and environmental
education and interpretation), if found
to be compatible, is a legitimate and
priority general public use of a refuge
and should be facilitated (16 U.S.C.
668dd(a)(3)(D)). Thus, we only allow
hunting of resident wildlife on Refuge
System lands if such activity has been
determined compatible with the
established purpose(s) of the refuge and
the mission of the Refuge System as
required by the Administration Act. For
hatcheries, we allow hunting and
fishing when such activity is
determined not to be detrimental to the
propagation and distribution of fish or
other aquatic wildlife (see 50 CFR 71.1).
For all 89 stations opening and/or
expanding hunting and/or fishing in
this rule, we determined that the
proposed actions were compatible or
would not have detrimental impacts.
Each station manager makes a
decision regarding hunting and fishing
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opportunities only after rigorous
examination of the available
information, consultation and
coordination with States and Tribes,
and compliance with the National
Environmental Policy Act (NEPA; 42
U.S.C. 4321 et seq.) and section 7 of the
Endangered Species Act of 1973, as
amended (ESA; 16 U.S.C. 1531 et seq.),
as well as other applicable laws and
regulations. The many steps taken
before a station opens or expands a
hunting or fishing opportunity on the
refuge ensure that the Service does not
allow any opportunity that would
compromise the purpose of the station
or the mission of the agency.
Hunting of resident wildlife on
Service lands generally occurs
consistent with State regulations,
including seasons and bag limits.
Station-specific hunting regulations can
be more restrictive (but not more liberal)
than State regulations and often are
more restrictive in order to help meet
specific refuge objectives. These
objectives include resident wildlife
population and habitat objectives,
minimizing disturbance impacts to
wildlife, maintaining high-quality
opportunities for hunting and other
wildlife-dependent recreation,
eliminating or minimizing conflicts
with other public uses and/or refuge
management activities, and protecting
public safety.
The word ‘‘refuge’’ includes the idea
of providing a haven of safety for
wildlife, and as such, hunting might
seem an inconsistent use of the Refuge
System. However, again, the
Administration Act stipulates that
hunting, if found compatible, is a
legitimate and priority general public
use of a refuge. Furthermore, we manage
refuges to support healthy wildlife
populations that in many cases produce
harvestable surpluses that are a
renewable resource. As practiced on
refuges, hunting and fishing do not pose
a threat to wildlife populations. It is
important to note that taking certain
individuals through hunting does not
necessarily reduce a population overall,
as hunting can simply replace other
types of mortality. In some cases,
however, we use hunting as a
management tool with the explicit goal
of reducing a population; this is often
the case with exotic and/or invasive
species that threaten ecosystem
stability. Therefore, facilitating hunting
opportunities is an important aspect of
the Service’s roles and responsibilities
as outlined in the legislation
establishing the Refuge System, and the
Service will continue to facilitate these
opportunities where compatible with
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the purpose of the specific refuge and
the mission of the Refuge System.
We did not make any changes to the
rule as a result of these comments.
Comment (3): We received comments
from 13 individual State agencies and
the Association of Fish and Wildlife
Agencies on the proposed rule. The
Oklahoma Department of Wildlife
Conservation; South Dakota Department
of Game, Fish, and Parks; Montana
Department of Fish, Wildlife, and Parks;
Idaho Department of Fish and Game;
Missouri Department of Conservation;
Michigan Department of Natural
Resources; and Arkansas Game and Fish
Commission all expressed general
support for the proposed rule without
additional comments. The Wisconsin
Department of Natural Resources
expressed general support of the
changes in the proposed rule, but also
requested additional changes at
Necedah NWR. The New Jersey Division
of Fish and Wildlife expressed general
support of the changes in the proposed
rule, but also requested additional
changes at Cape May and Supawna
Meadows NWRs. The Wyoming Game
and Fish Department expressed general
support of the changes in the proposed
rule, but requested minor changes to the
hunt units at the National Elk Refuge;
minor changes to waterfowl hunting at
the National Elk Refuge; additional
hunting opportunities at Bamsforth,
Hutton Lake, and Mortenson Lake
NWRs; and additional opportunities on
National Park Service and Bureau of
Land Management lands. The Virginia
Department of Wildlife Resources
expressed general support of the
changes in the proposed rule, but
suggested that Eastern Shore of Virginia
and Fisherman’s Island NWRs provide
additional analysis and details on
particular hunting and fishing
opportunities there and requested that
Great Dismal Swamp NWR: (1) Combine
a bear hunting permit with a general
hunting permit, (2) allow spring turkey
hunting, (3) expand to full week
hunting, and (4) provide additional
information about parking areas. The
North Carolina Wildlife Resources
Commission expressed general support
of the changes in the proposed rule, but
requested that we add regulatory
language listing Atlantic brant among
the migratory bird hunting target species
for Mackay Island NWR and stating a
requirement for hunters to have North
Carolina State licenses and permits. The
Oregon Department of Fish and Wildlife
expressed general support of the
changes in the proposed rule, but
requested we edit the regulatory
language at William L. Finley NWR to
align more closely with the State
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regulations by removing ‘‘merganser’’
from the species list, as it is already
considered a duck species. The Arizona
Game and Fish Department expressed
general support of the changes in the
proposed rule, but requested the Service
to consider allowing the use of falconry
on refuges within the State of Arizona,
including Bill Williams NWR and
Havasu NWR; requested the Service to
consider aligning to State regulations for
the use of dogs while hunting; requested
the Service consider aligning to State
regulations for legal methods of take in
hunting javelina; and expressed
concerns about regulatory differences
between refuges within the same State.
Finally, the Association of Fish and
Wildlife Agencies expressed general
support of the changes in the proposed
rule, but requested the Service consider
additional opportunities on refuges in
Alaska.
Our Response: The Service
appreciates the support of, and is
committed to working with, our State
partners to identify additional
opportunities for expansion of hunting
and sport fishing on Service lands and
waters.
In response to the Wisconsin
Department of Natural Resources, we
have made no changes to the rule. We
will not address their concerns in this
rule because the proposed expansions at
Necedah NWR are no longer part of this
final rule. We will, however, consider
the Department’s requests in shaping
any future proposed openings or
expansions at Necedah NWR.
In response to the New Jersey
Division of Fish and Wildlife, the
Service extends hours for fishing to 1
hour before legal sunrise and 1 hour
after legal sunset at both Cape May and
Supawna Meadows NWRs. The Service
will consider additional vehicle access
at Cape May NWR and crabbing/
shellfishing at Cape May and Supawna
Meadows NWRs for future rulemakings,
but we cannot make those additions at
this time.
As suggested by the Wyoming Game
and Fish Department, we have renamed
the hunt units at the National Elk
Refuge in order to reduce confusion for
the public. The Service did not make
changes to the white-tailed deer hunt
season dates to avoid conflict with the
refuge’s elk hunt, and the Service does
not plan to consider opening waterfowl
hunting on the refuge due to the
presence of trumpeter swan
populations, as trumpeter swan is a
Priority 1 Species of Special Concern for
the Wyoming Game & Fish Department,
and due to the potential for conflict
with other compatible uses on the
refuge at that time. The Service
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appreciates the Department’s comments
regarding Bamsforth, Hutton Lake, and
Mortenson Lake NWRs, and we will
consider opening additional
opportunities on those refuges in future
rulemakings. The Service cannot
comment on potential opportunities on
National Park Service and Bureau of
Land Management lands, and requests
that the State work directly with those
agencies for additional opportunities.
In response to the Virginia
Department of Wildlife Resources, we
have made no changes to the rule, but
will add much of the requested
information, where appropriate, to
supporting documents. Specific
information on how we responded to
the Virginia Department of Wildlife
Resources’ suggestions for more detail
on particular hunting and fishing
opportunities at Eastern Shore of
Virginia and Fisherman Island NWRs
can be found in those stations’ final
hunt plan, compatibility determination,
and finding of no significant impact
documents. With respect to Great
Dismal Swamp NWR, first, we cannot
combine the bear hunting permit with
the general hunting permit due to the
strict harvest quota of 20 bears, and the
associated need to be able to contact
bear hunters specifically, and because
refuge lands are situated in both
Virginia and North Carolina, which
have differing hunting regulations.
Second, we are already considering
spring turkey hunting for a future
rulemaking. Third, we have determined
that full week hunting, regardless of
whether or not Sundays are included, is
not compatible with other uses of the
refuge and the refuge’s conservation
purposes and mission. Fourth, we will
engage in outreach efforts to share the
information about parking areas with all
refuge visitors, including wildlifedependent recreational users of the
refuge.
In response to the North Carolina
Wildlife Resources Commission, we
have made no changes to the rule.
Atlantic brant is considered a variety of
dark goose under our regulations, so it
does not need to be explicitly listed in
station-specific regulations where dark
goose hunting is authorized. Thus, the
proposed authorization of light and dark
goose hunting at Mackay Island NWR
already allows for the hunting of
Atlantic brant. The suggested language
about North Carolina State licenses and
permits was not adopted because: (1) It
would cause confusion as the regulatory
provisions at 50 CFR 32.52(e) govern
refuge lands in both North Carolina and
Virginia (where North Carolina licenses
and permits are not necessary); and (2)
this requirement is already covered by
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the regulation requiring each person to
secure and possess the required state
license at 50 CFR 32.2 As a general
matter, our regulations operate against
the backdrop of state regulations as a
default in this way, so if our regulations
do not explicitly remove any given state
requirement for a given hunt then
hunters must still abide by those
requirements in order to hunt on Refuge
System lands. Nevertheless, the refuge
will ensure this requirement is also
included in the refuge hunt brochure to
address the concerns of the
Commission.
In response to the Oregon Department
of Fish and Wildlife’s request to remove
‘‘merganser’’ from the species list in the
regulatory language under William L.
Finley NWR, we agree that this change
will allow us to be more aligned with
the State’s regulations and have made
that change in this final rule.
In response to the Arizona Game and
Fish Department, we consider falconry
a ‘‘special hunt’’ due to concerns
regarding non-target take and so have
made no changes to the rule concerning
falconry. Service policy, as outlined in
our Service manual at 605 FW 2.7.M.
(Special Hunts), stipulates, ‘‘We will
address special types of hunts, such as
falconry, in the hunt section of the
visitor service plan (VSP).’’ In other
words, each refuge manager, when
developing their step-down VSP (which
would include a hunt plan, if
appropriate) from their CCP, must first
determine if hunting is compatible.
Assuming it is found to be compatible,
the refuge manager would next
determine the conduct of the hunt,
which might include the use of falconry.
A refuge manager has discretion to
restrict hunting and types of hunting,
including falconry, if, for example,
endangered or threatened species are
present, the cumulative impacts of a
type of hunt have not been analyzed or
are not available, or if a type of special
hunt is not compatible with the refuge
purpose. Thus, this issue is decided
individually on a refuge-by-refuge basis.
The Service remains committed to
opening hunting methods, including
falconry and especially those methods
allowed by State regulations, whenever
it is possible to do so at a given refuge
in a manner consistent with all
purposes and objectives of the refuge, in
the professional judgment of the refuge
manager. Falconry has not been found
compatible on Bill Williams River and
Havasu NWRs.
In response to the comment from the
Arizona Game and Fish Department
regarding aligning dog regulations on
refuges to State regulations, we have
made no changes to the rule. Even
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though State regulations may allow dogs
during hunting activities, our general
refuge regulations prohibit all
domesticated animals at 50 CFR
26.21(b) unless authorized by refugespecific regulations. While refuges
adopt State hunting and fishing
regulations to the extent practicable,
they must also comply with the general
refuge regulations. Therefore, in order to
allow dogs during hunting activities,
each refuge must authorize the use of
dogs during hunting activities in their
refuge-specific entries at 50 CFR part 32.
As explained above, all uses on refuges
must be found compatible and must not
conflict with refuge objectives. Some
refuges have found that the use of dogs
during hunting activities must be
limited or not authorized in order to
avoid conflict with refuge objectives.
In response to the comment from the
Arizona Game and Fish Department
regarding methods of take for javelina,
we have changed the CFR to remove
shotgun shooting shot as a legal method
of take for javelina at Bill Williams
River NWR in order to align with state
regulations.
In response to the Arizona Game and
Fish Department’s concern regarding
inconsistencies between refuges within
the State, we have made no changes to
the rule. Refuges within the same State
often have different purposes, different
endangered or threatened species, or
different habitats, and therefore all
hunting and fishing activities and
regulations must be considered on a
refuge-by-refuge basis as well. Where we
do not align with State regulations, we
make every attempt to align refuges
within a State or geographic region to
each other, but this is not always
possible to ensure compatibility.
In response to the Association of Fish
and Wildlife Agencies, we made no
changes to the rule. A key difference
from other states is that refuges in
Alaska are open to all hunting and
fishing uses until closed under the
Alaska National Interest Lands
Conservation Act (ANILCA; 16 U.S.C.
3111–3126). Where we have closed
opportunities or limited the use in
comparison to State regulations, we
promulgate those regulations under 50
CFR part 36. We work closely with the
Alaska Department of Fish and Game
when making these determinations and
in assessing the continued need for
regulations.
Comment (4): We received comments
from five Tribal governments on the
rule. The Shawnee Tribe in Oklahoma
and Coushatta Tribe of Louisiana both
stated they did not have concerns about
the proposed rule. The Iowa Tribe of
Kansas and Nebraska expressed
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concerns about hunting of species with
cultural significance at Loess Bluffs
NWR and hunting of ‘‘nongame’’
species, both at Loess Bluffs NWR
specifically and in the proposed rule
generally. The Choctaw Nation of
Oklahoma Historic Preservation
Department requested consultation with
respect to Choctaw NWR concerning
cultural resource records and requested
that we add an inadvertent discovery
clause to our environmental assessment
(EA) for the openings and expansions at
the refuge. The Osage Nation Historic
Preservation Office commented twice in
order to: (1) Convey that the Nation had
no concerns about the proposed
activities at Loess Bluffs NWR, which
are not included this final rule; and (2)
request that the Service conduct a
cultural resources survey at Sequoyah
NWR before any construction begins on
the two proposed new fishing ponds on
the refuge.
Our Response: The Service
appreciates the support of our Tribal
partners and is committed to working
with our Tribal partners to address their
concerns around potential cultural
resource, socioeconomic, and ecological
impacts from hunting and fishing
activities in the Refuge System.
In response to the Iowa Tribe of
Kansas and Nebraska, we do not include
the proposed openings and expansions
at Loess Bluffs NWR in this rule. We
will continue discussions with the Iowa
Tribe of Kansas and Nebraska on how
these acres and species may be
considered for hunting openings and
expansions in the future. As to the Iowa
Tribe’s general concern about hunting of
‘‘nongame’’ species in the rule overall,
as explained in detail at Comment (8),
below, before authorizing any given
hunting and sport fishing activity on a
refuge, we ensure the activity is
compatible with the biological integrity
and ecological health of all species on
the refuge. Also, as explained at
Comment (15), below, this applies as
much to the hunting of predatory and
even apex predator species, which some
people consider ‘‘nongame’’ species, as
it applies to other species that are more
commonly considered target species for
hunting or ‘‘game’’ species.
In response to the Choctaw Nation,
we have provided the requested
information, including reports, site
forms, and Choctaw NWR’s
unanticipated discovery plan. We have
also incorporated the suggested
inadvertent discovery clause into the
refuge’s EA document, as requested.
In response to the Osage Nation, the
Service is conducting a cultural
resources survey and continuing
discussions with the Osage Nation. The
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construction of the ponds and all
proposed fishing activities dependent
on the ponds are contingent on the
results of the survey and of our
discussions with the Osage Nation.
Comment (5): We received two
comments with concerns that the
Service did not properly engage in
government-to-government
consultations with Tribes in developing
the openings, expansions, and other
changes in the proposed rule.
Our Response: For all openings and
expansions of hunting and sport fishing
that the Service considers, the Service
engages in government-to-government
consultations with any and all
potentially affected Tribal partners. As
described in our response to Comment
(1), above, the Service engages our
Tribal partners early in the planning
process along with our State and
Territorial partners when developing
proposed changes to hunting and sport
fishing on Service lands and waters.
We did not make any changes to the
rule as a result of these comments.
Comment (6): A couple commenters
stated that the Service should not defer
to State fish and wildlife agencies on
certain hunting regulations and analysis
of wildlife populations.
Our Response: The Service works
closely with State agency partners on all
aspects of fish and wildlife conservation
and management. With respect to rules
and regulations governing hunting and
sport fishing, the Service makes State
regulations the default for any
authorized hunting and sport fishing to
maximize regulatory efficiency and
clarity for the public, especially hunters
and anglers who must abide by the rules
and regulations. The Service also makes
a concerted effort to align our rules and
regulations with State rules and
regulations to maximize this efficiency
and minimize confusion, but it is not an
abdication of our responsibility to
regulate hunting on the Refuge System
because we still determine in every case
whether or not State hunting and fishing
regulations are appropriate for the given
refuge. Whenever necessary for refuge
purposes, conservation goals, ecological
health, or compatibility with other uses,
the Service imposes alternate and/or
additional rules and regulations to those
of the relevant State agencies. With
respect to wildlife monitoring and
analysis of wildlife populations, the
Service does its own monitoring and
analyses and looks to these first. We do
also draw on the work of State partners,
both because it provides more data to
inform our decisions and because it
ensures we have information about fish
and wildlife on a larger geographic
scale, which is critical for many species
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with large ranges that extend far from
Service lands and waters. The ultimate
determinations governing all hunting
and sport fishing activities on NWRS
lands are made by the Service, and we
fulfill our responsibilities to administer
hunting and sport fishing programs in a
manner compatible with both ecological
health and integrity and other
recreational uses of refuges.
Comment (7): We received a number
of comments arguing that we should
have prepared an environmental impact
statement (EIS) instead of stationspecific environmental analyses
combined with a national cumulative
impact report. Some of these comments
also argued that specific stations should
have prepared an EIS where we
prepared an environmental assessment
(EA) or an EA where we prepared a
categorical exclusion. One of these
commenters also stated that the use of
lead ammunition or tackle presents an
extraordinary circumstance that does
not allow for the use of a Categorical
Exclusion. Relatedly, a few commenters
believed it improper for our NEPA
documents to be draft rather than final
documents during our comment period.
Our Response: The Service disagrees
with the comment that we should
prepare an EIS before proposing
expanded hunting and fishing
opportunities on refuges or hatcheries.
We completed individual EAs for, or
applied categorical exclusions to, 89
refuges and hatcheries, in compliance
with NEPA, to evaluate the impacts of
opening or expanding hunting and
fishing opportunities on the stations
through this rulemaking. These EAs and
categorical exclusions underwent
regional and national review to address
and consider these actions from a local,
regional, multi-State, and/or flyway
perspective, and to consider the
cumulative impacts from this larger
geographical context. The 2021–2022
cumulative impacts report concludes,
after analyzing the collective impacts of
all EAs and categorical exclusions
prepared in connection with this rule,
that the rule will not have significant
impacts at the local, regional, or
national level. The commenters who
have raised these environmental
analysis concerns have provided no
additional information that would
change this analysis or our conclusion.
As discussed above, we annually
conduct management activities on
refuges and hatcheries that minimize or
offset impacts of hunting and fishing on
physical and cultural resources,
including establishing designated areas
for hunting; restricting levels of use;
confining access and travel to
designated locations; providing
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education programs and materials for
hunters, anglers, and other users; and
conducting law enforcement activities.
In this rulemaking, the Service is
expanding opportunities for recreational
hunting and fishing. Expanding
opportunities does not necessarily result
in increased impacts to refuge resources.
We anticipate that for some refuges,
these expansions will not result in
changes in usage of the refuge. In other
cases, these expansions may lead to
some increase in use of refuges, but
these changes will likely by minor.
Opening of new refuges may attract
people to the refuge, but these hunters
and/or anglers were likely already
participating elsewhere on State or other
Federal lands. Overall, considering the
decreasing trends in hunting and fishing
generally, and decreasing trends of these
activities on refuges specifically, we do
not expect this final rule to have a
significant impact on the environment.
As noted in our cumulative impacts
report, hunter participation trends have
been generally declining, some refuges
attract a very small number of
participants, and often participation
rates decline over the course of a season.
Finally, a Federal court found that
this approach, using a bottom-up
analysis to assess the cumulative impact
of increased hunting and fishing across
the entire Refuge System, was an
appropriate way for the Service to
analyze the impacts of the rule in
compliance with NEPA (see Fund for
Animals v. Hall, 777 F. Supp. 2d 92, 105
(D.D.C. 2011)). We disagree with the one
commenter who sought to distinguish
this rulemaking from that case on the
basis that (1) there were multiple
rulemakings before the court, and (2)
this rule is larger than those rules were
in terms of the number of openings and
expansions. These differences do not
matter to the court’s conclusion that
analysis of cumulative impacts through
a cumulative impacts report is
appropriate. First, the court reached a
conclusion about what needs to be
analyzed for each individual
rulemaking, even though the same
challenge was brought against multiple
rulemakings. Second, the court could
have, but did not, set any limit on the
number of openings and expansions the
cumulative impacts report could cover.
The court likely did not do so because
a rule with more openings and
expansions will simply have more EAs
and categorical exclusions in order to
cover each station, and the cumulative
impacts report will correspondingly
consider a larger number of potential
cumulative impacts as thoroughly as in
any other iteration of this annual rule.
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We also disagree with one
commenter’s contention that the use of
lead ammunition or tackle presents an
extraordinary circumstance that will not
allow for the use of a categorical
exclusion. This question is directly
addressed by managers when they
determine whether a categorical
exclusion is appropriate for a given
expansion to hunting and fishing on a
refuge. Just as the level of lead
introduced from hunting and sport
fishing has been found unlikely to
produce significant adverse impacts in
all of our environmental assessments, it
was not considered to have significant
adverse impacts for those stations where
an expansion to the hunting and/or
fishing programs met the criteria for a
categorical exclusion. Finally, as the use
of lead ammunition and tackle has been
allowed on refuges for decades in the
ordinary course of operations, it cannot
reasonably be considered an
extraordinary circumstance for any
station.
A few commenters raised a separate
but related concern that they believed it
improper for our NEPA documents to be
draft rather than final documents after
the Federal Register published the
proposed rule. These commenters
misunderstand our rulemaking process.
Our longstanding approach to this
annual rulemaking is that we have the
required public comment period for our
NEPA documents and the required
public comment period for our
proposed rule run concurrently and end
on the same date. The NEPA documents
cannot be finalized without public
comment, just as we cannot issue a
Final Rule before the public has
commented on our proposed rule. Not
only is this approach compliant with all
applicable laws and regulations but it
also provides important advantages for
public input. First, because we do create
our draft NEPA documents before
drafting the proposed rule, so that our
environmental impact findings can
inform the proposed rule, ending both
public comment periods on the same
date results in longer public comment
periods for our NEPA documents. As an
example, in this rulemaking cycle,
instead of the 30 days we would
otherwise typically provide for an EA,
for the EA of Great Dismal Swamp NWR
the public was given 88 days to provide
comments. Second, with draft NEPA
documents we are able to make changes
to the EA that reflect changes made to
the openings and expansions in the rule
in response to public comment on the
rule, and vice versa. It would be
cumbersome, and potentially cause
confusion for the public, to go through
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48827
a process of revising finalized EAs to
make these same changes. All of our
EAs and other underlying planning
documents will be finalized and made
public alongside the Final Rule, the
content of which they fully informed.
In response to comments, we
reviewed all EAs and categorical
exclusions. Based on that review, we
determined that the categorical
exclusion for Necedah NWR may
require further consideration, and we do
not include the proposed expansions at
Necedah NWR in this final rule. The
Service disagrees with the assertion
that, for any of the stations in this rule,
we should have prepared an EIS instead
of an EA or an EA instead of a
categorical exclusion. We also disagree
with an assertion that, for any of the
stations in this rule, the analysis in the
respective EA or categorical exclusion is
inadequate under NEPA.
We removed the proposed expansions
at Necedah NWR from the rule, but
because they would have been
administrative expansions, this did not
require revising any of the proposed
regulatory changes for Necedah NWR.
Thus, we did not make any changes to
the regulatory provisions in this rule as
a result of these comments.
Comment (8): We received several
comments that alleged the proposed
rule is, or certain parts of the proposed
rule are, a violation of the Service’s
mandate to ensure that the biological
integrity, diversity, and environmental
health of the Refuge System are
maintained for the benefit of present
and future generations of Americans (16
U.S.C 668dd(a)(4)(B)). These
commenters also expressed concern
about the health and genetic diversity of
populations of the species being hunted.
Our Response: We do not allow
hunting on a refuge if it is found
incompatible with that individual
refuge’s purposes or with the mission of
the Refuge System. Part of the mission
of the Refuge System is to ensure that
the biological integrity, diversity, and
environmental health of the Refuge
System are maintained for the benefit of
present and future generations of
Americans (16 U.S.C. 668dd(a)(4)(B)).
Therefore, each Service station manager
uses his or her ‘‘sound professional
judgment’’ (see the definition of this
term in the Service Manual at 603 FW
2.6.U., available online at https://
www.fws.gov/policy/603fw2.html) in
making these inherently complex
management decisions to ensure that
each proposed action complies with this
mandate. Each manager incorporates
field experience, knowledge of refuge
resources, considerations of the refuge’s
role within an ecosystem, applicable
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laws, and best available science in
making these decisions. Service
biologists and wildlife professionals, in
consultation with the State, determine
the optimal number of each game
animal that should reside in an
ecosystem and then establish hunt
parameters (e.g., bag limits, sex ratios)
based on those analyses. We carefully
consider how a proposed hunt fits with
individual refuge goals, objectives, and
strategies before allowing the hunt. The
new or expanded hunting and/or fishing
opportunities in this rule are not
expected to individually or collectively
result in significant adverse direct,
indirect, or cumulative impacts to
hunted populations of migratory birds
and resident wildlife, nonhunted
populations of migratory birds and
resident wildlife, endangered and
threatened species, habitat and plant
resources, or other natural resources.
We analyzed these impacts not only in
each refuge’s NEPA document and ESA
Section 7 document, but also in the
2021–2022 cumulative impacts report.
The Service does not collect
population data at the national level,
but is able to use State population data
when analyzing the impacts at
individual stations or within a State.
When determining the compatibility of
an activity, Service policy (603 FW 2)
directs station managers to utilize all
available data in exercising their sound
professional judgement in the decisionmaking process.
We did not make any changes to the
rule as a direct result of these
comments.
Comment (9): We received several
comments that claimed the actions in
the proposed rule would imperil
threatened and endangered species.
Some of these comments pointed to
concerns regarding the Florida Panther
NWR in particular.
Our Response: In compliance with
section 7 of the ESA, every station
determined that their proposed actions
either would have ‘‘no effect’’ or were
‘‘not likely to adversely affect’’
endangered and threatened species or
designated critical habitat present at
that station. The Service determined
that the proposed action was not likely
to jeopardize any listed species, nor
adversely modify its critical habitat; and
that the proposed action was not likely
to jeopardize any proposed or candidate
species for listing as threatened or
endangered. Furthermore, as described
in our cumulative impacts report,
because endangered and threatened
species are usually highly localized,
minor or negligible impacts on an
endangered or threatened species at a
local or even regional scale would likely
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have no cumulative impact on national
populations of those species. Thus,
considering all impacts cumulatively for
each individual threatened or
endangered species, it is unlikely there
will be any adverse impacts on such
species, their habitats, or their recovery
from these openings and expansions of
hunting and sport fishing.
We do not allow hunting on a refuge
if it is found incompatible with that
individual refuge’s purposes or with the
mission of the NWRS. In addition, the
Service’s biological integrity, diversity,
and environmental health (BIDEH)
policy (601 FW 3) guides decisionmaking with respect to management of
activities on refuges, including hunting.
Service biologists and wildlife
professionals, in consultation with the
State, determine the optimal number of
each game animal that should reside in
an ecosystem and then establish hunt
parameters (e.g., bag limits, sex ratios)
based on those analyses. We carefully
consider how a proposed hunt fits with
individual refuge goals, objectives, and
strategies before allowing the hunt.
None of the known, estimated, or
projected harvests of migratory game
birds, upland game, or big game species
in this rulemaking is expected to have
significant adverse direct, indirect, or
cumulative impacts to hunted
populations, non-hunted wildlife,
endangered or threatened species, plant
or habitat resources, wildlife-dependent
recreation, prescribed fire, air, soil,
water, cultural resources, refuge
facilities, solitude, or socio-economics.
We analyze these impacts not only in
each refuge’s NEPA document, but also
in the 2021–2022 cumulative impacts
report.
While there may be some minor,
localized, and temporary (short-term)
impacts to endangered and threatened
species as a result of hunting or fishing
activities, every station ensured that
these impacts were minimized and, in
many cases, offset them through a
variety of management activities.
In response to the comments
expressing concern specifically about
Florida Panther NWR, the Service is
opening three limited quota spring
turkey hunts and fishing on a 19-acre
pond on that refuge. Therefore, impacts
on the endangered Florida panther
(Puma (=Felis) concolor coryi) are
expected to be negligible to minor due
to the limited number of turkey hunting
permits we will issue; the type, amount,
and location of approved public access;
and the general locations of all proposed
project activities (e.g., highly disturbed
areas impacted by human use before the
refuge was established). As outlined in
the environmental assessment (section B
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of the VSP), through the use of quota
hunts, a sustainable harvest is expected.
A limited wild turkey hunt may be held
during three weekends of the Florida
spring turkey season, and only one
bearded turkey may be harvested
seasonally by permitted hunters. The
refuge hunt will adopt Florida State
regulations at nearby State wildlife
management areas, and also add refugespecific regulations to ensure
compatibility. Up to 25 permits on two
quota weekend hunts (i.e., 50 total
permits) and up to 10 family groups
(i.e., 20 total permits) on the third
weekend hunt may be issued annually.
However, Florida Panther NWR will
monitor the turkey population and
hunter access to allow for adaptive
management in the number of permits
issued annually. Also, no new roads or
trails will be needed to accommodate
hunting on the refuge. The use of
existing roads and trails will
accommodate turkey hunting. It is
estimated that fewer than 70 hunters
will access the refuge, and they will take
fewer than 8 turkeys each season on the
refuge. The local turkey population is
expected to rebound seasonally, with no
significant effects anticipated.
Rangewide, this slight increase in take
is not expected to have a cumulative
effect on the species.
In the ESA Section 7 analysis for
Florida Panther NWR, we concluded,
based on the best available science and
professional judgment of refuge staff,
that the hunting and fishing openings
are not likely to adversely impact the
Florida panther. We have described the
turkey hunting activity above because it
is the most likely source of any minor
disturbances that occur for panthers on
the refuge. In addition to the limits on
turkey hunting detailed above, it is
important to note that turkey is not a
primary prey species for the Florida
panther, so any temporary, minor
change in the refuge’s turkey population
should not affect panthers. Relatedly,
even though panthers will sometimes
prey on turkeys, because lead
ammunition is prohibited for turkey
hunting on the refuge there is no
concern about lead exposure from
panthers scavenging hunted turkeys or
turkey gut piles. Well-managed hunt
programs and other outdoor recreational
activities do not conflict with the
Service’s ability to recover the Florida
panther or other Federal trust species on
Florida Panther NWR. An example of
this lack of conflict is evidenced by the
fact that since conservation and
especially genetic diversification efforts
began in the 1990s the panther
population has continued to increase
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throughout southwest Florida even
though hunting and other forms of
outdoor recreation have continued to
occur as traditional uses across millions
of acres, including on both private and
public lands. Panthers are one of the
most adaptable mammals in the
Northern Hemisphere and have home
ranges in close proximity to human
occupied areas in southwest Florida
(e.g., Golden Gate Estates). The
proposed quota turkey hunts are
anticipated to only have minimal to
moderate short-term effects on the
Florida panther and other Federal trust
species. Panther activity may be
temporarily altered as a result of human
activity. However, any alteration of
panther activity is expected to be
insignificant.
We did not make any changes to the
rule as a result of these comments.
Comment (10): Many commenters
expressed concern over the use of lead
ammunition and/or lead fishing tackle
on refuges and hatcheries. Some
commenters objected to these potential
sources of lead at a particular refuge or
hatchery, and many individual
commenters and multiple organizations
were concerned about lead nationwide
and referred us to various forms of
evidence on the subject of lead impacts
to human and ecological health. Many
of these commenters were supportive of
the increased access the Service
proposed, but requested the Service not
allow lead ammunition or tackle. Some
commenters expressed specific concerns
about raptor species, including the bald
eagle (Haliaeetus leucocephalus). One
commenter stated that the use of lead
ammunition would violate the Bald and
Golden Eagle Protection Act of 1940 (16
U.S.C. 668–668c) and the Migratory Bird
Treaty Act (16 U.S.C. 703 et seq.).
Our Response: The Service
acknowledges concerns from
commenters about the issue of
bioavailability of lead in the
environment and is aware of the
potential impacts of lead on fish and
wildlife. See, for example, Nancy
Golden, et al., ‘‘A Review and
Assessment of Spent Lead Ammunition
and Its Exposure and Effects to
Scavenging Birds in the United States,’’
which is available online at https://
www.fws.gov/midwest/refuges/
Review%20and%20Assessment%20
paper.pdf. Accordingly, the Service
pays special attention to species
susceptible to lead uptake and to
sources of lead that could impact
ecological and human health.
Historically, the principal cause of
lead poisoning in waterfowl was the
high densities of lead shot in wetland
sediments associated with migratory
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bird hunting activities (Kendall et al.
1996). In 1991, as a result of high bird
mortality, the Service instituted a
nationwide ban on the use of lead shot
for hunting waterfowl and coots (see 50
CFR 32.2(k)).
Yet, there remains some concern
about the bioavailability of spent lead
ammunition (bullets) and fishing tackle
on the environment, the health of fish
and wildlife, and human health. The
Service is aware of fish and wildlife
species, including endangered and
threatened species, that are susceptible
to biomagnification of lead from their
food sources or the food eaten by their
food sources. There is also evidence that
some species are susceptible to direct
ingestion of lead ammunition or tackle
due to their foraging behaviors. For
example, the Service recognizes that
ingested lead fishing tackle has been
found to be a leading cause of mortality
in adult common loons (Grade, T. et al.,
2017, in Population-level effects of lead
fishing tackle on common loons. The
Journal of Wildlife Management 82(1):
pp. 155–164). The impacts of lead on
human health and safety have been a
focus of several scientific studies. We
are familiar with studies that have
found the ingestion of animals
harvested via the use of lead
ammunition increased levels of lead in
the human body (e.g., Buenz, E. (2016).
Lead exposure through eating wild
game. American Journal of Medicine,
128: p. 458).
While there are concerns of lead’s
general potential for ecological health
impacts, we disagree with commenters
that the use of lead ammunition in
connection with the particular openings
and expansions of hunting and fishing
on the refuges and hatchery in this
rulemaking will significantly impact the
environment or is likely to harm
endangered or threatened species. Each
refuge and hatchery carefully evaluated
possible impacts to the environment,
including to endangered and threatened
species, as part of the NEPA process. As
discussed above, on stations where lead
ammunition or tackle is allowed, we
found that the number of hunters and
anglers using lead ammunition or tackle
would result in no more than a
negligible increase of lead in the
environment. As a result, we found
there would be no significant impact to
the environment from the use of lead
ammunition and/or tackle for the station
In addition, every refuge and hatchery
looked at the impacts of these new or
expanded hunting and fishing
opportunities, including the allowance
or prohibition of lead, on endangered
and threatened species in compliance
with requirements under section 7 of
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the ESA. The ESA requires Federal
agencies to ensure that the actions they
carry out, fund, or authorize do not
jeopardize the continued existence of
endangered or threatened species (listed
species). For each station, the Service
determined that the proposed action
was not likely to adversely affect any
listed species, nor jeopardize any listed
species. We also determined that the
proposed action was not likely to
jeopardize any proposed or candidate
species for listing as threatened or
endangered.
We also disagree with the commenter
who asserted that the use of lead
ammunition will violate the Bald and
Golden Eagle Protection Act of 1940
(Eagle Act) and the Migratory Bird
Treaty Act (MBTA). The potential for
lead to threaten any species, including
raptors in general and eagles in
particular because of their protection
under these statutes, is a key part of the
NEPA and ESA analyses that are
conducted before the authorization of
any hunting or fishing on a refuge for
which lead ammunition or lead fishing
tackle is allowed. This ensures hunting
and fishing activities are compliant with
these statutes. In fact, the MBTA
explicitly authorizes the Secretary of the
Interior to create regulations governing
take for all of the migratory bird species
covered by the treaty, including eagles
(16 U.S.C. 704(a)). The promulgation of
the hunting regulations in this rule
under the authority of the Secretary of
the Interior means that the Secretary has
determined these hunting activities are
compatible with the terms of the MBTA
and with the international conventions
that are the basis for the MBTA. Thus,
the hunting regulations in this rule do
not violate the MBTA or the associated
treaties.
The Service continues to educate
hunters and anglers on the impacts of
lead on the environment, and
particularly on human health and safety
concerns of ingesting animals harvested
with lead ammunition. We always
encourage hunters and anglers to
voluntarily use non-lead ammunition
and tackle for all harvest activities. For
both ammunition and tackle,
alternatives to lead are becoming more
widely available and used by hunters
and anglers; and despite the traditional
view that non-lead ammunition and
tackle is more expensive, the costs have
become comparable.
We share a strong partnership with
the States in managing wildlife and
therefore, when determining whether to
prohibit the use of lead ammunition or
tackle, we have traditionally deferred to
State regulations. For example, in
California, the use of lead ammunition
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is prohibited statewide, including on all
Service lands, largely in response to the
adverse impacts of lead on the
endangered California condor
(Gymnogyps californianus). We will
continue to research this issue and plan
to continue engaging with States and
other partners to promote the use of
non-lead ammunition and tackle.
Although there is not a Service-wide
ban on lead ammunition for nonmigratory bird hunting activities or on
lead fishing tackle, the Service has taken
specific steps to limit the use of lead in
hunting and fishing activities on refuges
and hatcheries. Currently, under 50 CFR
32.2(k), all refuges and hatcheries may
require the use of nontoxic ammunition
for all hunting other than deer and
turkey hunting through brochures,
signage, and other forms of public
notification. For deer hunting, turkey
hunting, and fishing, refuges and
hatcheries must promulgate stationspecific regulations. Notably, we
continue, in these annual rulemakings
updating the regulations for hunting and
fishing on NWRs and NFHs, to phase
out the use of lead on Service lands and
waters. Currently, including the
regulatory changes in this rule, 82 of the
434 stations open to hunting restrict
lead ammunition use for deer and/or
turkey hunting, and 23 of the 378
stations open to fishing restrict lead
tackle for fishing. In this rule, 17
stations are putting forward restrictions
on the use of lead ammunition and/or
lead fishing tackle. However, we
acknowledge that with the increased
access provided to hunters and anglers
on Service lands and waters in the past
few years, despite the Service’s efforts to
mitigate the impact of lead on the
environment, the increase in number of
hunting and angling opportunities has
outpaced the increase in number of
opportunities subject to lead use
restrictions.
Based on the recent historic
expansions in our hunting and fishing
programs, and per our policy, the
Service will continue to evaluate lead
use in hunting and fishing on Service
lands and waters.
Comment (11): A few commenters
expressed opposition to a prohibition on
lead ammunition for hunting. The
arguments these commenters put
forward were that hunters on a given
refuge would not take enough shots to
create dangerous levels of lead and that
reducing lead is a positive move but
regulations prohibiting lead might result
in anger and backlash.
Our Response: We recognize that lead
in the environment carries risks for fish
and wildlife, which is why lead
ammunition is not allowed for
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waterfowl hunting on any refuge and
lead ammunition is prohibited on
refuges in California in order to protect
the California condor. However, most
hunting and sport fishing activities do
not introduce enough lead into the
environment to pose a significant
danger to any species or to make it
likely listed species will experience
adverse effects. Accordingly, lead
ammunition and tackle are currently
allowed where our NEPA and ESA
analyses determine the activity is not
likely to result in dangerous levels of
lead exposure. Even for the hunting and
sport fishing opportunities where we
have determined lead will be allowed,
we educate hunters about lead and
encourage the use of nontoxic
alternatives. This education and
encouragement, coupled with the
declining price of nontoxic alternatives
and others trends, have allowed us to
introduce lead prohibitions for all or
some hunting and sport fishing
activities, in addition to waterfowl
hunting, on many of our refuges without
significant opposition from our State
partners, local hunters and anglers, or
other stakeholders. This includes
provisions prohibiting the use of lead
ammunition or lead fishing tackle for 17
different stations in this rule.
Comment (12): We received several
comments concerned with impacts of
this rule on migratory birds. A few of
these commenters were particularly
concerned about those refuges whose
purposes include ‘‘inviolate sanctuaries
for migratory birds’’ or that have been
designated as ‘‘important bird areas’’
(IBAs) by the Audubon Society.
Our Response: All of the migratory
bird hunting opportunities on Service
lands are done within the frameworks
set by the Service in compliance with
the MBTA. These frameworks set season
lengths, bag limits, and areas for
migratory game bird hunting and ensure
that hunting will not have adverse
impacts on the populations of the
various species of migratory birds
through rigorous biological monitoring,
information collection, and data review.
To determine the appropriate
frameworks for each species, the Service
considers factors such as population
size and trend, geographical
distribution, annual breeding effort, the
condition of breeding and wintering
habitat, the number of hunters, and the
anticipated harvest. After frameworks
are established for season lengths, bag
limits, and areas for migratory game bird
hunting, States may select season dates,
bag limits, and other regulatory options
for the hunting seasons. States may
always be more restrictive in their
selections than the Federal frameworks,
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but never more permissive. For more
information on this process, see the
2021–2022 cumulative impacts report at
https://www.regulations.gov under
Docket No. FWS–HQ–NWRS–2021–
0027.
Our analysis in the cumulative
impacts report of the expansion of
hunting of migratory game birds on
Service lands through this rule indicates
that the proposed harvests, or
intentional take, of each species will
constitute a negligible component of
both national and flyway harvest.
Station-specific migratory game bird
hunting regulations are established
within the above discussed frameworks
and in compliance with NEPA to ensure
that adverse impacts will not
accumulate over time; thus, the harvest
is expected to have a negligible impact
on migratory bird resources within
NWRs.
In addition to all hunting for
migratory game birds being set within
this national framework, and as with all
species hunted in the Refuge System,
each station must also ensure that the
hunting or fishing opportunity is
compatible, or in the case of NFHs not
detrimental, with the purpose of that
station and complies with applicable
provisions of NEPA, ESA, and other
applicable laws and policy before
opening or expanding migratory bird
hunting. This thorough process ensures
that the Service has analyzed the
potential impacts of the proposed
hunting or fishing opportunity and
determined that the opportunity would
not have a significant impact on any
migratory bird species, not just the
targeted species.
Where inviolate sanctuaries occur on
NWRs, all uses must be evaluated for
appropriateness and, if necessary,
compatibility. The language within the
Administration Act only applies to
those lands with the designation of
inviolate sanctuary for migratory birds.
With this in mind, other uses (e.g., big
game hunting, hiking, auto tours, etc.)
can be allowed as long as they are
compatible. When determining
compatibility, the Service must consider
the high bar that the inviolate sanctuary
designation established.
In addition, refuges with this
designation will have to evaluate the
influence of uses occurring or
potentially occurring on other portions
of the refuge and how they may affect
the inviolate sanctuaries. Although this
designation sets a higher level of
consideration, it is clear that Congress
intended for these areas to be
considered for use when compatible. In
the case of IBA designations from the
Audubon Society, while several refuges
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in the rule do have these IBA
designations, these designations do not
place any additional legal restrictions
related to migratory birds on
management of these refuges. As
discussed previously, each station goes
through several different processes,
including compatibility determinations,
NEPA compliance, and ESA
compliance, to ensure that the hunting
and fishing opportunities proposed
would have no significant impacts on
populations of migratory birds in
compliance with the Service’s mandates
under the MBTA, Administration Act,
or other applicable laws and policies.
We did not make any changes to the
rule as a result of these comments.
Comment (13): A number of
commenters mentioned climate change,
as a general environmental issue, as
something we should consider in
developing this rule. A few of these
commenters specifically argued that we
did not fully consider the impacts this
rule could have in conjunction with the
separate impacts of climate change on
fish, wildlife, and other refuge
resources. One comment invoked
Executive Order 14008, which calls on
government agencies to ‘‘combat the
climate crisis’’ through conservation
and other measures.
Our Response: The Service recognizes
climate change as a threat to human and
ecological health and operates in
compliance with Executive Order (E.O.)
14008. The conservation goals and
operations of the Refuge System are
well-aligned with E.O. 14008, and this
rule in particular is consistent with the
Executive order.
We consider climate change factors in
this rule, as with all actions on Service
lands. Where appropriate, the effects of
climate change on individual species
and refuge natural resources are
considered throughout the individual
NEPA documents, individual ESA
section 7 documents, and cumulative
impacts report. If such analysis
determined that a given hunting or sport
fishing activity, in conjunction with the
effects of climate change, would result
in adverse impacts to protected species
or biological integrity, then the refuge
manager would not authorize the
activity.
In addition to considering the impacts
of climate change on the management of
wildlife, we respond to a changing
climate through the annual process of
setting hunting and fishing seasons.
Hunting seasons are based on biological
monitoring and coordination with our
State partners. In some circumstances,
seasons may be adjusted based on
predicted harvest rates, population
levels, seasonal factors, and other
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assessments. While this process is not
necessarily climate-based, over time, as
the variables mentioned above change,
we respond by altering regulations
accordingly. These regulatory changes
are only incremental changes that build
on previous changes. Any major
changes in station or environmental
conditions, such as an unsustainable
decrease in a species’ population or
sizeable increases in refuge or hatchery
acreage or public uses, would trigger
additional planning, NEPA review,
compatibility determinations, and ESA
section 7 evaluation processes. The
Service may reevaluate compatibility at
any time if conditions warrant. These
required planning and management
processes ensure that adverse impacts
will not accumulate over time.
We did not make any changes to the
rule as a result of these comments.
Comment (14): We also received
various comments expressing the
sentiment that ‘‘trophy hunting,’’
baiting, and hounding of predators are
‘‘unsportsmanlike’’ activities and
inappropriate uses on Service lands.
Some comments also expressed a desire
for the Service to enact a ban on
‘‘hunting contests.’’
Our Response: The Service does not
attempt to define or authorize ‘‘trophy
hunting’’ in any of our laws, regulations,
or policies concerning hunting. We
follow State hunting and fishing
regulations (except for where we
determine it is necessary to be more
restrictive on individual stations),
including State regulations concerning
responsible hunting, or prohibitions on
wanton waste (defined as ‘‘to
intentionally waste something
negligently or inappropriately’’).
We apply this same stance on alleged
‘‘hunting contests.’’ The Service follows
State bag limits for species open to
hunting, except where we may restrict
bag limits in order to meet compatibility
requirements for the activity. In States
where excessive take of particular
species is encouraged for sport only, the
Service would restrict bag limits. We
only allow hunting on refuges and
hatcheries when we have determined
that the opportunity is sustainable and
compatible. For example, ‘‘contests’’
targeting non-game species where there
are no bag limits under State
regulations, including species classified
as ‘‘predators’’ under State laws, are
permitted in Oregon and Idaho.
However, the Service would not issue
permits for coyote hunting ‘‘contests’’ at
refuges in these States for several
reasons, including unacceptable
disturbance impacts to other game and
nongame species, conflicts with other
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user groups, and conflicts with the
Service’s BIDEH policy.
Under 50 CFR 26.21(b), the use of
dogs for hounding is prohibited on
refuges unless authorized by stationspecific regulations, and many refuges
only authorize the use of dogs for
retrieval of migratory birds, upland
game birds, and small game. Most
refuges that allow dogs require that the
dogs are under the immediate control of
the hunter at all times or leashed, unless
actively retrieving an animal. Most of
the commenters who expressed
opposition to the use of dogs referenced
Silvio O. Conte NWR specifically. The
use of dogs will still be allowed at Silvio
O. Conte NWR for hunting of waterfowl
and game species in accordance with
state regulations. However, because of
the concerns of commenters we will
require hunters who wish to use more
than two dogs at a time for hunting of
any species anywhere on the refuge to
obtain a special use permit and on the
Putney Mountain Unit specifically we
are only allowing the use of dogs for
migratory bird and grouse hunting.
In States where baiting is allowed,
most refuges have elected to be more
restrictive and not support this method
of hunting. Furthermore, most of the
commenters who expressed opposition
to baiting referenced Silvio O. Conte
NWR specifically, but that refuge does
not allow baiting.
We made changes to the rule for the
use of dogs at Silvio O. Conte NWR as
described above, but made no other
changes to the rule as a result of these
comments.
Comment (15): We received a few
comments expressing concern about
opening and expanding opportunities
for hunting of predator species. Some
commenters alleged that we did not give
enough consideration to the impacts of
those proposed hunts, and that the
hunts conflicted with the Service’s
mandates under the Administration Act
to maintain the biological integrity,
diversity, and environmental health of
the refuge. One of these commenters
also brought our attention to the
omission of coyote from species lists for
three refuges in our cumulative impacts
report.
Our Response: Refuge managers
consider predator management
decisions on a case-by-case basis. As
with all species, a refuge manager makes
a decision about managing predator
populations, which are included in the
category of resident wildlife, including
allowing predatory species to be hunted,
only after careful examination to ensure
the action would comply with relevant
laws, policies, and directives. The
Administration Act, as amended, directs
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the Service to manage refuges for
‘‘biological integrity, diversity, and
environmental health.’’ Predators play a
critical role in the integrity, diversity,
and overall health of ecosystems, so
before allowing predators to be hunted,
a refuge manager must ensure that these
actions do not threaten the integrity,
diversity, or health of the refuge
ecosystem. The manager must also
determine that the action is compatible
with refuge purposes and the mission of
the Refuge System, and in keeping with
the refuge’s CCP and other step-down
plans. In addition, the refuge manager
analyzes the impacts of the actions on
the environment through the NEPA
process and section 7 of the ESA.
Therefore, a refuge manager must take
many steps to ensure that any
opportunity for hunting predators on a
refuge meets the Service’s applicable
laws and policies.
For example, we received one
comment advocating for the hunting of
predator species during established
State seasons at Sherburne NWR in
Minnesota. The refuge manager at
Sherburne NWR had already considered
adding such hunts, but determined that
the seasons and hours of predator
hunting in Minnesota would conflict
with the months of the year and hours
of the day in which the refuge is open
to the public. Sherburne NWR observes
a sanctuary period from March 1
through August 31, and is only open
during daylight hours. Predator hunting
in Minnesota is primarily at night and
primarily during the summer months.
We will not be able to grant the request
of this commenter because it is not
compatible with the conservation
purposes and practices of Sherburne
NWR.
The Administration Act, as amended,
also mandates that regulations allowing
hunting or fishing of fish and resident
wildlife within the Refuge System shall
be, to the extent practicable, consistent
with State fish and wildlife laws,
regulations, and management plans (16
U.S.C. 668dd(m)). Therefore, all the
opportunities for hunting predators in
this rule that are intended to bring
greater consistency with State fish and
wildlife laws, regulations, and
management plans are part of realizing
the Service’s mission. Moreover, these,
as with all predator hunting
determinations and all hunting and
fishing determinations, were only made
after careful consideration by the refuge
manager to ensure that such actions
would not threaten the integrity,
diversity, and overall health of the
ecosystem and were compatible with
both the purpose of the refuge and the
mission of the Refuge System. For
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NFHs, the hatchery manager made the
decision that such opportunities were
not detrimental to the propagation of
fish, wildlife, or aquatic species (50 CFR
70.1). Finally, both the NEPA process
and the rulemaking process provide
opportunities for the public to provide
comments and any additional
information on impacts of our actions.
We considered the additional
information provided from the public
on this issue during these public
comment periods and determined that
they did not affect our initial
determinations that these small and
minor opportunities for hunting
predators on specific refuges or
hatcheries will have no more than
minor impacts on the population health
of these species or other wildlife at the
local, regional, or national level.
Lastly, one commenter noted that for
a particular predator (coyote) the
cumulative impacts report omitted
proposed hunts from the narrative
descriptions of the openings and
expansions for three stations: Bogue
Chitto NWR, Loess Bluffs NWR, and
Malheur NWR. Those typographical
errors have been corrected for Bogue
Chitto NWR and Malheur NWR. In the
case of Loess Bluffs NWR, all hunting
openings and expansions described in
the May 4, 2021, proposed rule are not
included in this final rule, in
recognition of concerns expressed by
the Iowa Tribe of Kansas and Nebraska.
We have changed the cumulative
impacts report as described, but did not
make any changes to the rule as a result
of these comments.
Comment (16): One commenter stated
that the Service did not properly
consider the impacts of allowing beaver
hunting because beaver dams can alter
water flow in ways that provide habitats
for other species.
Our Response: This rule includes the
opening or expansion of beaver hunting
on multiple refuges, both as a target
species and as incidental take during
hunts for other species. For each of
these refuges individually, the NEPA
analysis and ESA section 7 analysis
consider the potential impacts of
allowing hunters to take beaver. As with
all target species, the refuge manager
must ensure that authorizing hunting
does not threaten the integrity,
diversity, or health of the refuge
ecosystem. This includes effects on
other species from the loss of
individuals from the given target
species, which encompasses effects
from the absence of beaver dams that
change water flows just as it
encompasses effects from reduced
predation, reduced foraging pressure,
and other mechanisms that can impact
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non-target species. The manager must
also determine that the action is
compatible with refuge purposes and
the mission of the Refuge System, and
in keeping with the refuge’s CCP and
other step-down plans. As a result, the
beaver hunts in this rule do not present
a threat to ecosystem health or other
species either directly from the take of
individual beavers or indirectly through
the effect of beaver hunting on the
number and strength of beaver dams. In
fact, on many refuges beavers are
already managed by refuge staff to
prevent habitat damage caused by
beaver dams, which can have negative
impacts on vegetation, moist soil units,
and other refuge resources. Finally, the
Service does not anticipate substantial
take of beavers on any particular refuge
or cumulatively.
We did not make any changes to the
rule as a result of this comment.
Comment (17): We received several
comments that expressed concern over
some aspect of public safety.
Commenters raised concerns about
openings or expansions of hunting at
certain stations based on the conflicts
with other visitors to the refuge or the
need for adequate funding and/or
staffing. In particular, the most common
specific concern was that the increase in
openings and expansions of hunting and
sport fishing would overwhelm existing
law enforcement capacity. These
concerns were expressed for multiple
specific stations and as a nationwide
issue.
Our Response: The Service considers
public safety to be a top priority. In
order to open or expand hunting or
sport fishing on a refuge, we must find
the activity compatible. In order to find
an activity compatible, the activity must
not ‘‘materially interfere with or detract
from’’ public safety, wildlife resources,
or the purpose of the refuge (see the
Service Manual at 603 FW 2.6.B.,
available online at https://www.fws.gov/
policy/603fw2.html). For this
rulemaking, we specifically analyzed
the possible impacts of the changes to
hunting programs at each refuge and
hatchery on visitor use and experience,
including public safety concerns and
possible conflicts between user groups.
Hunting of resident wildlife on
refuges generally occurs consistent with
State regulations, which are designed to
protect public safety. Refuges may also
develop refuge-specific hunting
regulations that are more restrictive than
State regulations in order to help meet
specific refuge objectives, including
protecting public safety. Refuges use
many techniques to ensure the safety of
hunters and visitors, such as requiring
hunters to wear blaze orange,
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controlling the density of hunters,
limiting where firearms can be
discharged (e.g., not across roads, away
from buildings), and using time and
space zoning to limit conflicts between
hunters and other visitors. It is worth
noting that injuries and deaths related to
hunting are extremely rare, both for
hunters themselves and for the
nonhunting public.
Public comment is important in
ensuring we have considered all
available information and concerns
before making a final decision on a
proposed opening or expansion. For all
of the proposed openings or expansions
of hunting in our May 4, 2021, proposed
rule (86 FR 23794), we have determined
that there are sufficient protections in
place as part of the hunt program at that
station to ensure public safety. For more
information on the Service’s efforts to
ensure public safety at a particular
station, please see that station’s hunt
plan, compatibility determination, and
associated NEPA analysis.
Regarding concerns about lack of
funding or staffing, Service policy (603
FW 2.12.A.(7)) requires station
managers to determine that adequate
resources (including personnel, which
in turn includes law enforcement) exist
or can be provided by the Service or a
partner to properly develop, operate,
and maintain the use in a way that will
not materially interfere with or detract
from fulfillment of the refuge purpose(s)
and the Service’s mission. If resources
are lacking for establishment or
continuation of wildlife-dependent
recreational uses, the refuge manager
will make reasonable efforts to obtain
additional resources or outside
assistance from States, other public
agencies, local communities, and/or
private and nonprofit groups before
determining that the use is not
compatible. When Service law
enforcement resources are lacking, we
are often able to rely upon State fish and
game law-enforcement capacity to assist
in enforcement of hunting and fishing
regulations. One commenter noted that
our hunt plan document for the
Potomac River NWR Complex
specifically states that State law
enforcement will take on the role of
enforcing hunting and fishing
regulations and asked that the hunt plan
provide further detail. Specific
information on how we responded to
this comment letter’s request for more
detail on particular hunting and fishing
opportunities at Potomac River NWR
Complex can be found in that station’s
final hunt plan, compatibility
determination, and finding of no
significant impact documents.
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For all 89 stations opening or
expanding hunting and/or sport fishing
in this rule, we have determined that we
have adequate resources, including law
enforcement personnel, to develop,
operate, and maintain the hunt
programs.
We did not make any additional
changes to the rule as a result of these
comments.
Comment (18): We received
additional comments supporting the
requests made by the Arizona Game and
Fish Department to allow falconry on
refuges within the State and to align dog
regulations on refuges to State
regulations. They also echoed the
concern from the State about
inconsistencies on refuges within the
State.
Our Response: As described in our
response to Comment (3), above, we
determine both whether falconry and
the use of dogs for hunting is
compatible on a refuge-by-refuge basis.
We also determine refuge regulations on
a refuge-by-refuge basis, and while we
strive to achieve consistency on refuges
within a State, different regulations are
sometimes required. This allows us to
ensure that these uses are compatible
with the purposes of the refuge.
We did not make any changes to the
rule as a direct result of these
comments.
Comment (19): We received two
comments about reduced hunt quality
from hunter overcrowding at particular
refuges. One comment expressed
concerns that the changes, especially
removing the lottery limitation on
waterfowl hunting, at Sam D. Hamilton
Noxubee NWR would lead to hunter
overcrowding. The other comment
expressed concerns that additional gun
hunting for deer at Sherburne NWR
would reduce the quality of the current
deer bow hunting season on that refuge.
Our Response: For Sam D. Hamilton
Noxubee NWR, the Service does not
conclude removing the lottery draw will
impact the quality of the waterfowl hunt
or lead to overcrowding, as more areas
will be open to hunting resulting in
reduced overcrowding. As outlined in
the NEPA and planning documents for
the change, the Service will eliminate
the lottery waterfowl hunting on the
refuge to reduce the application process
for the users and the associated
administrative burden for the refuge.
The hunt program was designed to be
supportive of hunters of diverse
backgrounds. Further, the Service
designed the hunt program on the refuge
to better align, where appropriate and
possible, with State regulations.
For Sherburne NWR, the Service
recognizes that the new muzzleloader
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deer hunting as proposed may create
problems for the existing bow hunting
season. Accordingly, we are modifying
the new muzzleloader hunting: instead
of opening muzzleloader hunting in
Areas A, B, and C we will only open it
in Area A. The muzzleloader hunting
will otherwise operate as proposed. This
change ensures that Area B will only be
open to bow hunters after the existing
9-day gun season ends. Area C will
remain closed to all hunting following
the 9-day gun season.
We changed the hunting at Sherburne
NWR from the proposed rule as
described, but did not make any
changes to the regulatory text of the rule
or any other changes as a direct result
of these comments.
Comment (20): A couple of
commenters stated that hunting and
sport fishing activities could introduce
invasive species to refuge lands or
waters.
Our Response: We are aware of the
ecological threats posed by invasive
species and make it a part of all Service
actions to limit the spread of invasive
species. Many of the refuges opening or
expanding hunting and sport fishing
under this rule have both mitigation
measures for invasive species in
connection with the hunting and sport
fishing activities and separate measures
taken on refuge lands and waters to
limit invasive species.
We also explicitly consider invasive
species in our analyses of proposed
hunting and sport fishing openings and
expansions. As one of the two
commenters noted, the cumulative
impacts report directly addresses
concerns about invasive species. We
conclude there that invasive species do
not present a significant risk, at
individual refuges or cumulatively,
because the participants in activities
that present the risk of introducing
invasive species generally come to the
refuge from within the local area and are
few in number.
Moreover, in some cases and as seen
in this rule, we may use hunting as a
management tool with the explicit goal
of reducing populations of invasive
species that threaten ecosystem
stability. Therefore, facilitating hunting
opportunities is an important aspect of
the Service’s roles and responsibilities
for management of invasive species.
We did not make any changes to the
rule as a result of these comments.
Comment (21): One commenter
quoted the proposed rule’s description
of the Service’s statutory authority to
promulgate this rule and interpreted the
quotation as indicating a ‘‘compatibility
assessment’’ was not prepared for each
station in the rule.
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Our Response: This commenter has
misinterpreted the quoted language
from the rule. The proposed rule’s
preamble states, ‘‘[w]e develop specific
management plans for each refuge prior
to opening it to hunting or sport fishing.
In many cases, we develop stationspecific regulations to ensure the
compatibility of the programs with the
purpose(s) for which we established the
refuge or hatchery and the Refuge and
Hatchery System mission’’ (86 FR
23794, May 4, 2021, p. 86 FR 23795).
This explains that management plans
for many refuges call for promulgating
station-specific regulations that ensure
the compatibility of hunting and fishing
programs with the purpose of the given
refuge. As described in response to
Comment (6), above, the appropriate
State regulations set the default rules for
hunting and sport fishing activities that
are authorized on a refuge, but the
Service often has to supplement these
regulations with our own regulations to
ensure compatibility. These are the
regulations described as being needed
‘‘in many cases’’ and many such
regulations are contained in this rule.
The proposed rule’s preamble goes on to
state, ‘‘[w]e ensure initial compliance
with the Administration Act and the
Recreation Act for hunting and sport
fishing on newly acquired land through
an interim determination of
compatibility made at or near the time
of acquisition’’ (86 FR 23794, May 4,
2021, p. 86 FR 23795). This describes
another step, separate from developing
regulations, in the process of planning
hunting and sport fishing activities on a
refuge: making a compatibility
determination based on the nature of the
hunting or sport fishing activity under
consideration and the purposes of the
particular refuge. These compatibility
determinations must be and are made
for every activity at every station that
offers hunting or sport fishing activities.
The phrase ‘‘in many cases’’ as used in
the proposed rule is not grammatically
tied to compatibility determinations and
would never be used by the Service to
describe compatibility determinations,
as they are a necessary management step
for all stations that offer wildlifedependent recreation.
We did not make any changes to the
rule as a direct result of this comment.
Comment (22): One commenter
argued that the proposed rule violates
the Recreation Act in not curtailing
public recreation, violates the
Administration Act in not preserving
biological integrity, and violates the
Improvement Act in disrupting
ecological processes.
Our Response: We disagree with the
commenter’s statement that this rule
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violates the Recreation Act. The
Recreation Act provides that the
Secretary shall curtail public recreation
use generally in order to ensure
accomplishment of the primary
purposes for which said conservation
areas were acquired or established.
Thus, Congress delegated the
responsibility of determining when to
curtail all types of public recreation in
the interest of the conservation purposes
of each refuge to the Secretary of the
Interior, and by extension to the Service.
We disagree with the commenter’s claim
that the Recreation Act calls on the
Secretary to curtail public recreation
uses generally, especially when the
later-enacted Administration Act and
Improvement Act explicitly allow, and
even prioritize, hunting and sport
fishing on refuges. The commenter’s
interpretation also goes against the spirit
of the Recreation Act because this
statute was meant to facilitate public
use and enjoyment of conservation
areas, like refuge system lands.
Moreover, there is nothing in this Act to
indicate that, as the commenter implied,
a recreational use must ‘‘provide
income’’ to the Service or be necessary
for wildlife management in order for the
Secretary to authorize it.
We disagree with the commenter’s
statement that this rule violates the
Administration Act. The commenter is
correct that the Secretary, and by
extension the Service, must create
regulations for hunting within the
Refuge System that ‘‘ensure that the
biological integrity, diversity, and
environmental health of the System are
maintained.’’ The commenter is
incorrect in concluding that this rule
violates this part of the Refuge system
mission because the commenter fails to
recognize that our compatibility
determination, NEPA, ESA section 7,
and cumulative impacts report
processes and analyses take into full
account both lead exposure risks and
food chain impacts. From these
analyses, we determine that our fishing
and hunting activities comply with our
BIDEH policies based upon the best
available science and the professional
judgment of Service employees.
The commenter first states that
allowing lead shot for certain turkey
hunts does not ensure biological
integrity and environmental health.
Where our analysis and expertise
indicate that lead presents a significant
danger to biological integrity and
environmental health, the use of lead is
not allowed; the primary examples are
that lead ammunition is prohibited for
all waterfowl hunting on all refuges, and
all lead is prohibited from NWRs in the
State of California in order to protect the
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Fmt 4701
Sfmt 4700
California condor. The potential for lead
to threaten biological integrity and
environmental health is a key part of the
NEPA and ESA analyses that are
conducted before the authorization of
any hunting or sport fishing activity on
a refuge for which lead ammunition or
tackle is allowed. For more on the topic
of the use of lead for hunting and
fishing in the Refuge System, see our
response to Comment (10), above.
The commenter next states that
allowing the hunting of species at or
near the top of the food chain in their
given habitat does not ensure biological
integrity because it would cause
overpopulation of prey species lower on
the food chain. While this rule does
open or expand hunting of the specific
species mentioned by the commenter
(pronghorn, sandhill crane, and black
bear) and other species atop or near the
top of food chains, these hunts will not
cause disruptive changes to population
sizes of any species. Predators play a
critical role in the integrity, diversity,
and overall health of ecosystems, so
before allowing predators to be hunted,
a refuge manager must ensure that these
actions do not threaten the integrity,
diversity, or health of the refuge
ecosystem. The manager must also
determine that the action is compatible
with refuge purposes and the mission of
the Refuge System, and in keeping with
the refuge’s CCP and other step-down
plans. Hunting that would cause too
large a reduction in the population of
any species or overpopulation of any
species would not be authorized,
including under this rule. For more on
the topic of authorized hunting of
predator species in the Refuge System,
see our response to Comment (15),
above.
We disagree with the commenter’s
statement that this rule violates the
Improvement Act. The commenter
claims that the Improvement Act
‘‘demands the conservation of ecological
processes,’’ but no such language
appears in the Improvement Act. The
Improvement Act states instead that the
Secretary shall provide for the
conservation of fish, wildlife, and
plants, and their habitats within the
Refuge System. Even though the notion
of ‘‘ecological processes’’ is absent from
the statute, the Service does always
consider the health and genetic
diversity of wildlife populations in
administering hunting and sport fishing
within the Refuge System. As already
noted above, for any proposed hunting
activity the refuge manager must ensure
that it does not threaten the integrity,
diversity, or health of the refuge
ecosystem. The manager must also
determine that the action is compatible
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with refuge purposes and the mission of
the Refuge System, and in keeping with
the refuge’s CCP and other step-down
plans. If hunting would not be a viable
tool for a given population, because of
genetic diversity concerns or otherwise,
other methods of preventing
overpopulation are employed. The
example of hunting providing a benefit
for managing deer populations that the
Service provided online, and which the
commenter cited, is only meant to
illustrate a potential benefit from certain
hunts, not that such a benefit is the only
consideration when authorizing
hunting. While hunting may be a part of
a refuge’s population control strategies
for certain species, the Service considers
all effects of hunting (e.g., impacts to
genetic diversity) and compatibility
with conservation purposes before
authorizing such an activity.
The commenter concludes that any
hunting at all on refuges will disrupt
ecological processes and should
therefore not be allowed. While the
Improvement Act does not include any
discussion of ‘‘ecological processes,’’ it
does, however, direct that the Secretary
shall both recognize compatible
wildlife-dependent recreational uses as
the priority general public uses of the
Refuge System and ensure that
opportunities are provided within the
Refuge System for compatible wildlifedependent recreational uses. The
Improvement Act’s definition of
‘‘wildlife-dependent recreational use’’
includes a use of a refuge involving
hunting (among four other uses). Thus,
the Service is actually directed by the
statute to not only allow but to prioritize
hunting on refuges whenever
compatible with the conservation
mission of the Refuge System.
We did not make any changes to the
rule as a direct result of this comment.
Comment (23): We received two
comments that touched on the proposed
rule’s discussion of the economic
impacts of the rule. One commenter
argued that we must use a survey to
determine how much non-consumptive,
wildlife-dependent recreational use
days might decrease because of this rule
and include local economic impacts
from a decrease in visitation from such
users. The second commenter claimed
that we must conduct a benefit-cost
analysis for this rule and that it must
include the cost to the Service to
implement the rule and any loss of
revenue from non-consumptive users.
Our Response: For the first comment,
it is important to note that calculations
of the local economic impacts are done
for purposes of the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.) to
support our determination that the rule
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will not have a significant economic
impact on a substantial number of small
entities. The rule is not promulgated
solely because of the estimated benefits
to local economies; the hunting and
sport fishing openings and expansions
in the rule are promulgated because of
the public recreational benefits they
provide, which the Service does not
quantify. The commenter is correct that
non-consumptive users are an important
user group at our refuges and hatcheries,
and they do bring benefits to local
economies. However, the commenter’s
argument that we need to consider
economic impacts of the rule on nonconsumptive users, and presumably that
it would change our finding on the
significance of the rule’s impact if we
did, does not persuade us for two key
reasons. First, if the impacts the
commenter describes, lost revenue for
local economies from fewer nonconsumptive use days at refuges and
hatcheries, were to occur as a result of
this rule, they would be offset by the
increased revenues that we have
calculated for the added hunting and
fishing use days. This means that
calculating both impacts, again
assuming there in fact were lost nonconsumptive use days, could never
result in a larger monetary impact
estimate than could be calculated by
only considering one or the other alone.
Thus, calculating net economic impacts
from both user groups would not change
the significance determination.
Second, calculating only the
economic impact of the rule’s effects on
non-consumptive users of the refuges
would not likely result in a higher
estimate of maximum nationwide
economic impact because there are no
expected significant effects on this user
group, which means the estimated
economic impacts would be virtually
zero. As discussed above in our
response to Comment (17), this rule is
not expected to significantly impact
non-consumptive users. None of the
provisions in this rule regulate nonconsumptive uses of the refuge, and all
openings and expansions of hunting and
fishing are assessed for compatibility
with non-consumptive uses. The
Service has put in place many
restrictions on hunting and fishing
programs, including some added in
response to comments on this rule, in
order to ensure that we balance the
various priority wildlife-dependent
recreation uses on all refuges and
hatcheries. We do not expect the rule to
significantly affect non-consumptive use
of the refuges and hatcheries.
Regarding the second comment, if a
rulemaking is designated as a
‘‘significant’’ regulatory action under
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Fmt 4701
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48835
E.O. 12866 by the Office of Management
and Budget’s (OMB’s) Office of
Information and Regulatory Affairs
(OIRA), then that rulemaking must, to
the extent possible, include a detailed
analysis of the benefits and costs of the
action. OIRA determined that this
rulemaking is ‘‘not significant’’ under
E.O. 12866, so a detailed analysis of the
costs and benefits of this action is not
required. However, we provide our
factual basis for certifying that this rule
will not have a significant economic
impact on a substantial number of small
entities below under Regulatory
Flexibility Act. As earlier in this
response, counting the revenue impacts
to local economies from potential lost
non-consumptive use days would not
lead to finding a significant economic
impact resulting from this rule. The
same holds true for the costs of
implementation, although in that case
the reason it is expected to be a small
monetary cost is that refuge managers
evaluated their proposals prior to the
publication of the May 4, 2021,
proposed rule and ensured that the
hunting and fishing openings and
expansions in this rule can be
administered with current budgets and
staff, which are already used to operate
various other programs on refuges.
Estimates of implementation costs can
be found in stations’ EAs for those
stations that have prepared an EA, and
for those that have prepared a
Categorical Exclusion document under
NEPA the hunting and fishing activities
covered are necessarily minor changes
that will result in negligible
implementation costs. In general, the
costs attributable to the hunting and
fishing openings and expansions
specifically, in terms of both wages and
infrastructure, will be negligible
compared to the local economic
benefits, as only a few staff are needed
to administer a program for many
hunters.
Finally, it is worth noting that, taking
all of this together, it is almost certain
that a benefit-cost analysis, pursuant to
OMB Circular A–4, would find the
benefits of this rule exceed the costs. As
explained, no cost is expected in the
form of decreased non-consumptive use
days and the signage, staffing, and other
costs to the Service in administering the
hunting and fishing opportunities is
unlikely to be greater than the benefits
to local economies adjacent to stations,
even though those are expected to be no
more than $1.4 million. This would be
enough to expect benefits to exceed
costs already, but this would not yet
account for the recreational benefits of
the hunting and sport fishing
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opportunities. A full and thorough
benefit-cost analysis would quantify this
benefit using the hunt and fish use day
estimates and the best available
information about the price of similar
hunting activity on private lands. For
example, the company onX estimates
the average cost to be at least $10 per
acre for a hunting lease (see https://
www.onxmaps.com/hunt/blog/how-dohunting-leases-work#:∼:text=
Today’s%20hunters%20
can%20expect%20
to,the%20distance%20from%20
town%20(ie.). This realized economic
surplus for hunters and anglers would
be an important part of any benefit-cost
analysis and would ensure benefits
exceed costs. That is reflected in the
Improvement Act, where Congress
emphasized the importance of providing
this public benefit, finding that the
Refuge System’s conservation mission
has been facilitated by providing
Americans opportunities to participate
in compatible wildlife-dependent
recreation, including fishing and
hunting, on Refuge System lands. A
thorough benefit-cost analysis would
also consider the fish and wildlife
population management benefits of
hunting and sport fishing to the extent
that they provide population controls
and target invasive species. That has a
direct and quantifiable benefit in terms
of reduced work hours from eliminating
or reducing the need for refuge staff
themselves to harvest fish and wildlife
for population control and invasive
species. Thus, we have determined that
this rule is justified in terms of the ratio
of benefits to costs, even if it will not
have a significant impact on the
economy.
We did not make any changes to the
rule, including to our Regulatory
Flexibility Act discussion and our
certification that this rule will not have
a significant impact on a substantial
number of small entities, as a result of
these comments.
Comment (24): One commenter
expressed concern that proposed
hunting activities on refuges within the
Potomac River NWR Complex,
especially hunting of American black
duck, would be inconsistent with or
detrimental to the Atlantic Coast Joint
Venture, a regional bird conservation
effort in which the Service is a partner
organization.
Our Response: We remain committed
to and supportive of the Atlantic Coast
Joint Venture (ACJV) and its habitat and
species conservation objectives. In
permitting hunting within the Potomac
River NWR Complex and allowing the
hunting of American black duck as a
target species, we are following all
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restrictions advocated by the ACJV and
only providing limited hunting. For
example, at Featherstone NWR, we will
allow black duck hunting on 36 acres
and the hunting season is November 17–
28 and December 18–January 30, with a
daily bag limit of two black ducks.
Similarly, the Virginia Department of
Wildlife Resources, another partner to
the ACJV, allows some hunting of
American black duck on lands under its
jurisdiction. Finally, as with any
hunting in the Refuge System, hunting
openings and expansions in the
Potomac River NWR Complex have been
evaluated by refuge managers for
limited environmental effects, absence
of adverse impacts to endangered
species, compatibility with refuge
purposes, and consistency with the
refuge’s CCP. In authorizing these hunts,
we have determined that they will not
impede conservation efforts for the
American black duck or other species of
interest to the ACJV.
We did not make any changes to the
rule as a result of this comment.
Comment (25): We received two
comments with concerns that the
information in the proposed rule was
not easily understood, specifically in
Table 1 concerning the meaning of ‘‘O’’
and ‘‘E’’ in the table.
Our Response: As designated by the
table key for the proposed rule’s Table
1, ‘‘O’’ designates that the station is
opening a new species in the respective
category of species to hunting or
opening fishing on the station, and ‘‘E’’
designates that the station is expanding
hunting for species in the respective
category or expanding sport fishing on
the station.
We revised Table 1 to account for
changes to hunting and fishing openings
and expansions in response to other
public comments, but did not make any
changes to the rule as a result of this
comment.
Comment (26): Two commenters
expressed concern about the use and
disposal of fishing line on the Potomac
River NWR Complex.
Our Response: The Service recognizes
that discarded fishing line can present
a danger to fish and to wildlife. In
general, we educate anglers about this
problem and the importance of proper
disposal of fishing line. In this
particular case, in addition to enforcing
all State regulations on sport fishing, the
refuges in the Potomac River NWR
Complex will include information in
their brochures and on their websites
directing anglers to dispose of trash and
fishing line, of all varieties, properly.
We did not make any changes to the
rule as a result of these comments.
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Changes From the Proposed Rule
As discussed above, under Summary
of Comments and Responses, based on
comments we received on the proposed
rule and NEPA documents for
individual refuges and hatcheries, we
made changes in this final rule to Bill
Williams River, Bald Knob, Big Lake,
Cache River, Holla Bend, Wapanocca,
Cape May, Supawna Meadows, and
William L. Finley NWRs. For Bald
Knob, Big Lake, Cache River, Holla
Bend, and Wapanocca NWRs, we
removed the proposed language adding
armadillo to the list of species available
to hunt in response to comments and
made administrative language changes
to align the regulatory language across
these refuges. For William L. Finley
NWR, we removed the proposed
language adding merganser to the list of
species available to hunt in response to
the State of Oregon’s request for
alignment. For Cape May and Supawna
Meadows NWRs, we extended the hours
we are open to fishing in response to the
State of New Jersey. Under Bill Williams
River NWR, we modified the methods of
take allowed for javelina hunting in
response to the State of Arizona. For
Missisquoi and Silvio O. Conte NWRs,
we revised our language authorizing the
use of dogs while hunting in response
to comments.
We removed all proposed hunting and
fishing openings and expansions at
Necedah NWR and Loess Bluffs NWR.
The expansions at Necedah NWR are
not included in this final rule because
the underlying analyses for these
actions may require further
consideration. There are still regulatory
changes for Necedah NWR in this final
rule, but these are administrative
revisions for consistency and clarity
unrelated to the proposed expansions.
The openings and expansions at Loess
Bluffs NWR are not included in this
final rule because of concerns expressed
by the Iowa Tribe of Kansas and
Nebraska. We will continue discussions
with the Iowa Tribe of Kansas and
Nebraska on how these acres and
species may be considered for opening
to hunting in the future.
We have removed the language
authorizing fishing at the former
National Bison Range refuge in
Montana. This refuge has been
transferred to the Confederated Salish
and Kootenai Tribes through the
Consolidated Appropriations Act, 2021
(Pub. L. 116–260), and we no longer
have jurisdiction over public use on the
land.
We made minor, clarifying edits to the
regulatory language for other refuges,
including Dale Bumpers White River,
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Bayou Sauvage, Bayou Teche, Big
Branch Marsh, Bogue Chitto, Cat Island,
Mandalay, Sam D. Hamilton Noxubee,
Sequoyah, and Wichita Mountains
NWRs.
Effective Date
We are making this rule effective
upon publication (see DATES, above). We
provided a 60-day public comment
period for the May 4, 2021, proposed
rule (86 FR 23794). We have determined
that any further delay in implementing
these station-specific hunting and sport
fishing regulations would not be in the
public interest, in that a delay would
hinder the effective planning and
administration of refuges’ and
hatcheries’ hunting and sport fishing
programs. This rule does not impact the
public generally in terms of requiring
lead time for compliance. Rather, it
relieves restrictions in that it allows
activities on refuges and hatcheries that
we would otherwise prohibit. Therefore,
we find good cause under 5 U.S.C.
553(d)(3) to make this rule effective
upon publication.
Amendments to Existing Regulations
Updates to Hunting and Fishing
Opportunities on NWRs and NFHs
This document codifies in the Code of
Federal Regulations all of the Service’s
hunting and/or sport fishing regulations
that we are updating since the last time
we published a rule amending these
regulations (85 FR 54076; August 31,
2020) and that are applicable at Refuge
System and Hatchery System units
previously opened to hunting and/or
sport fishing. This rule better informs
the general public of the regulations at
each station, 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
parts 32 and 71, visitors to our refuges
and hatcheries may find them reiterated
in literature distributed by each station
or posted on signs.
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TABLE 1—CHANGES FOR 2021–2022 HUNTING/SPORT FISHING SEASON
Station
State
Migratory bird
hunting
Upland game
hunting
Big game
hunting
Audubon NWR ..............................
Bald Knob NWR ...........................
Bayou Sauvage NWR ...................
Bayou Teche NWR .......................
Big Branch Marsh NWR ...............
Big Lake NWR ..............................
Bill Williams River NWR ...............
Bogue Chitto NWR .......................
Bond Swamp NWR .......................
Brazoria NWR ...............................
Cache River NWR ........................
Caddo Lake NWR .........................
Camas NWR .................................
Cape May NWR ............................
Cat Island NWR ............................
Charles M. Russell NWR ..............
Cherry Valley NWR ......................
Choctaw NWR ..............................
Crab Orchard NWR ......................
Cypress Creek NWR ....................
Dale Bumpers White River NWR
Delta NWR ....................................
Desert NWR ..................................
Don Edwards NWR ......................
Eastern Shore of Virginia NWR ....
Elizabeth Hartwell Mason Neck
NWR.
Ernest F. Hollings ACE Basin
NWR.
Everglades Headwaters NWR ......
Featherstone NWR .......................
Felsenthal NWR ............................
Fisherman Island NWR ................
Florida Panther NWR ...................
Franklin Island NWR .....................
Grand Bay NWR ...........................
Great Dismal Swamp NWR ..........
Great River NWR ..........................
Great Swamp NWR ......................
Green Lake NFH ..........................
Hackmatack NWR ........................
Harbor Island NWR ......................
Harris Neck NWR .........................
Havasu NWR ................................
Holla Bend NWR ..........................
J. Clark Salyer NWR ....................
James River NWR ........................
Julia Butler Hansen Refuge ..........
Kern NWR .....................................
Kootenai NWR ..............................
Lacreek NWR ...............................
North Dakota ................................
Arkansas ......................................
Louisiana ......................................
Louisiana ......................................
Louisiana ......................................
Arkansas ......................................
Arizona .........................................
Louisiana & Mississippi ................
Georgia .........................................
Texas ............................................
Arkansas ......................................
Texas ............................................
Idaho ............................................
New Jersey ..................................
Louisiana ......................................
Montana .......................................
Pennsylvania ................................
Alabama .......................................
Illinois ...........................................
Illinois ...........................................
Arkansas ......................................
Louisiana ......................................
Nevada .........................................
California ......................................
Virginia .........................................
Virginia .........................................
Closed .............
O/E ..................
O/E ..................
O/E ..................
O/E ..................
Closed .............
E ......................
O/E ..................
E ......................
O ......................
O/E ..................
Closed .............
O ......................
O/E ..................
O/E ..................
Already Open ..
E ......................
O ......................
Already Open ..
E ......................
O ......................
O/E ..................
O ......................
E ......................
O ......................
Closed .............
Already Open ..
O/E ..................
O ......................
O/E ..................
O/E ..................
O ......................
O/E ..................
O/E ..................
E ......................
Closed .............
O ......................
O ......................
Already Open ..
O/E ..................
O/E ..................
Already Open ..
O/E ..................
O/E ..................
Already Open ..
E ......................
Already Open ..
O/E ..................
O ......................
Closed .............
O ......................
Closed .............
E ......................
Already Open ..
O ......................
E ......................
O/E ..................
O/E ..................
O/E ..................
E ......................
E ......................
Closed .............
E ......................
Already Open ..
O ......................
E ......................
E ......................
O ......................
E ......................
E ......................
Already Open ..
E ......................
Already Open ..
O/E ..................
Already Open ..
Closed .............
O/E ..................
E ......................
Already
Already
E.
Already
E.
Already
Already
Already
Already
E.
Already
Closed.
Closed.
E.
Already
Already
Already
Already
E.
E.
Already
Already
Closed.
Already
O.
O.
South Carolina .............................
Already Open ..
Closed .............
O ......................
Already Open.
Florida ..........................................
Virginia .........................................
Arkansas ......................................
Virginia .........................................
Florida ..........................................
Maine ............................................
Alabama & Mississippi .................
Virginia .........................................
Missouri ........................................
New Jersey ..................................
Maine ............................................
Illinois ...........................................
Michigan .......................................
Georgia .........................................
Arizona .........................................
Arkansas ......................................
North Dakota ................................
Virginia .........................................
Oregon & Washington ..................
California ......................................
Idaho ............................................
South Dakota ...............................
E ......................
N ......................
O/E ..................
N ......................
Closed .............
N ......................
O ......................
Closed .............
C ......................
O ......................
Closed .............
E ......................
O ......................
Closed .............
O/E ..................
Closed .............
Already Open ..
Closed .............
E ......................
O ......................
Already Open ..
Already Open ..
E ......................
Closed .............
E ......................
Closed .............
Closed .............
Closed .............
O ......................
O ......................
C ......................
O ......................
Closed .............
E ......................
O ......................
Closed .............
O ......................
O/E ..................
E ......................
O ......................
Closed .............
Already Open ..
Already Open ..
Already Open ..
E ......................
Closed .............
E ......................
Closed .............
N ......................
Closed .............
O ......................
O/E ..................
C ......................
O/E ..................
Closed .............
E ......................
E ......................
O/E ..................
Already Open ..
O/E ..................
E ......................
O/E ..................
Already Open ..
Closed .............
Already Open ..
Already Open ..
Already
N.
Already
Closed.
N.
Closed.
O.
Already
Already
Closed.
N.
E.
O.
Already
Already
E.
Already
O.
Already
Closed.
E.
E.
VerDate Sep<11>2014
20:40 Aug 30, 2021
Jkt 253001
PO 00000
Frm 00017
Fmt 4701
Sfmt 4700
E:\FR\FM\31AUR2.SGM
31AUR2
Sport fishing
Open.
Open.
Open.
Open.
Open.
Open.
Open.
Open.
Open.
Open.
Open.
Open.
Open.
Open.
Open.
Open.
Open.
Open.
Open.
Open.
Open.
Open.
Open.
48838
Federal Register / Vol. 86, No. 166 / Tuesday, August 31, 2021 / Rules and Regulations
TABLE 1—CHANGES FOR 2021–2022 HUNTING/SPORT FISHING SEASON—Continued
Station
State
Migratory bird
hunting
Upland game
hunting
Big game
hunting
Lake Alice NWR ...........................
Las Vegas NWR ...........................
Mackay Island NWR .....................
Malheur NWR ...............................
Mandalay NWR .............................
Middle Mississippi River NWR .....
Minnesota Valley NWR .................
Missisquoi NWR ...........................
Moosehorn NWR ..........................
Muleshoe NWR .............................
National Elk Refuge ......................
Neal Smith NWR ..........................
Neches River NWR ......................
Northern Tallgrass Prairie NWR ...
Occoquan Bay NWR ....................
Ohio River Islands NWR ..............
North Dakota ................................
New Mexico ..................................
North Carolina & Virginia .............
Oregon .........................................
Louisiana ......................................
Missouri ........................................
Minnesota .....................................
Vermont ........................................
Maine ............................................
Texas ............................................
Wyoming ......................................
Iowa ..............................................
Texas ............................................
Minnesota & Iowa ........................
Virginia .........................................
Pennsylvania, Kentucky, & West
Virginia.
Ohio ..............................................
Utah ..............................................
Indiana ..........................................
Maine ............................................
Virginia .........................................
Maine ............................................
Virginia .........................................
Virginia .........................................
Louisiana ......................................
Minnesota .....................................
Mississippi ....................................
Oklahoma .....................................
Minnesota .....................................
New Hampshire ............................
Maine ............................................
New Jersey ..................................
Louisiana ......................................
Montana .......................................
Louisiana ......................................
New York & New Jersey ..............
Arkansas ......................................
South Dakota ...............................
Oklahoma .....................................
Oregon .........................................
Already Open ..
O ......................
O ......................
E ......................
O/E ..................
Already Open ..
Already Open ..
Already Open ..
E ......................
N ......................
Closed .............
E ......................
N ......................
E ......................
Closed .............
O ......................
E ......................
O ......................
Closed .............
E ......................
O ......................
E ......................
Already Open ..
O ......................
E ......................
N ......................
Closed .............
E ......................
N ......................
E ......................
O ......................
O ......................
E ......................
O ......................
O/E ..................
E ......................
E ......................
E ......................
E ......................
Already Open ..
E ......................
N ......................
O ......................
E ......................
N ......................
E ......................
O/E ..................
O ......................
Already
Closed.
Already
Already
Already
Already
Already
Already
Already
Closed.
Already
Closed.
Closed.
E.
O.
Already
E ......................
O ......................
E ......................
E ......................
E ......................
N ......................
Closed .............
Closed .............
O ......................
Already Open ..
O/E ..................
Already Open ..
O ......................
E ......................
Already Open ..
O ......................
O ......................
Already Open ..
O/E ..................
E ......................
C ......................
Closed .............
Already Open ..
O ......................
E ......................
Already Open ..
E ......................
E ......................
Closed .............
Closed .............
O ......................
O ......................
O ......................
Already Open ..
O/E ..................
Already Open ..
E ......................
O/E ..................
E ......................
O ......................
O ......................
Already Open ..
O ......................
E ......................
O ......................
Closed .............
Closed .............
Closed .............
E ......................
O ......................
E ......................
E ......................
Closed .............
Closed .............
O/E ..................
O/E ..................
Already Open ..
E ......................
E ......................
Already Open ..
E ......................
E ......................
Already Open ..
O/E ..................
O ......................
O ......................
Already Open ..
E ......................
E ......................
Already Open ..
Already Open ..
E ......................
E.
Already
E.
Closed.
O.
Closed.
O.
Already
Already
Already
Already
E.
Already
E.
Already
E.
Already
Already
Already
Already
Already
E.
E.
Already
Ottawa NWR .................................
Ouray NWR ..................................
Patoka River NWR .......................
Petit Manan NWR .........................
Plum Tree Island NWR .................
Pond Island NWR .........................
Presquile NWR .............................
Rappahannock River Valley NWR
Red River NWR ............................
Rice Lake NWR ............................
Sam D. Hamilton Noxubee NWR
Sequoyah NWR ............................
Sherburne NWR ...........................
Silvio O. Conte NWR ....................
Sunkhaze Meadows NWR ............
Supawna Meadows NWR .............
Tensas River NWR .......................
UL Bend NWR ..............................
Upper Ouachita NWR ...................
Wallkill River NWR .......................
Wapanocca NWR .........................
Waubay NWR ...............................
Wichita Mountains NWR ...............
William L. Finley NWR ..................
Sport fishing
Open.
Open.
Open.
Open.
Open.
Open.
Open.
Open.
Open.
Open.
Open.
Open.
Open.
Open.
Open.
Open.
Open.
Open.
Open.
Open.
Open.
Open.
Open.
khammond on DSKJM1Z7X2PROD with RULES2
Key:
N = New station opened (New Station).
O = New species and/or new activity on a station previously open to other activities (Opening).
E = Station already open to activity adds new lands/waters, modifies areas open to hunting or fishing, extends season dates, adds a targeted
hunt, modifies season dates, modifies hunting hours, etc. (Expansion).
C = Station closing the activity on some or all acres (Closing).
The changes for the 2021–2022
hunting/fishing season noted in the
table above are each based on a
complete administrative record which,
among other detailed documentation,
also includes a hunt plan, a
compatibility determination (for
refuges), 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.
Through these openings and
expansions, we open or expand hunting
or sport fishing on 2,066,116 acres
within the National Wildlife Refuge
System and the National Fish Hatchery
System.
VerDate Sep<11>2014
20:40 Aug 30, 2021
Jkt 253001
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 fishconsumption advisories on the internet
at: https://www.epa.gov/fish-tech.
Required Determinations
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.
PO 00000
Frm 00018
Fmt 4701
Sfmt 4700
Executive Order (E.O.) 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
E:\FR\FM\31AUR2.SGM
31AUR2
Federal Register / Vol. 86, No. 166 / Tuesday, August 31, 2021 / Rules and Regulations
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 will 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
will not have a significant economic
impact on a substantial number of small
entities.
This rule opens or expands hunting
and sport fishing on 88 NWRs and 1
48839
NFH. As a result, visitor use for
wildlife-dependent recreation on these
stations will change. If the stations
establishing new programs were a pure
addition to the current supply of those
activities, it would mean an estimated
maximum increase of 40,839 user days
(one person per day participating in a
recreational opportunity; see Table 2).
Because the participation trend is flat in
these activities since 1991, this increase
in supply will most likely be offset by
other sites losing participants.
Therefore, this is likely to be a
substitute site for the activity and not
necessarily an increase in participation
rates for the activity.
TABLE 2—ESTIMATED MAXIMUM CHANGE IN RECREATION OPPORTUNITIES IN 2021–2022
[Dollars in thousands]
Additional
hunting days
khammond on DSKJM1Z7X2PROD with RULES2
Station
Audubon NWR .............................................................................................................................
Bald Knob NWR ..........................................................................................................................
Bayou Sauvage NWR ..................................................................................................................
Bayou Teche NWR ......................................................................................................................
Big Branch Marsh NWR ..............................................................................................................
Big Lake NWR .............................................................................................................................
Bill Williams River NWR ..............................................................................................................
Bogue Chitto NWR ......................................................................................................................
Bond Swamp NWR ......................................................................................................................
Brazoria NWR ..............................................................................................................................
Cache River NWR .......................................................................................................................
Caddo Lake NWR ........................................................................................................................
Camas NWR ................................................................................................................................
Cape May NWR ...........................................................................................................................
Cat Island NWR ...........................................................................................................................
Charles M. Russell NWR .............................................................................................................
Cherry Valley NWR.
Choctaw NWR .............................................................................................................................
Crab Orchard NWR .....................................................................................................................
Cypress Creek NWR ...................................................................................................................
Dale Bumpers White River NWR ................................................................................................
Delta NWR ...................................................................................................................................
Desert NWR .................................................................................................................................
Don Edwards NWR .....................................................................................................................
Eastern Shore of Virginia NWR ...................................................................................................
Elizabeth Hartwell Mason Neck NWR .........................................................................................
Ernest F. Hollings ACE Basin NWR ............................................................................................
Everglades Headwaters NWR.
Featherstone NWR ......................................................................................................................
Felsenthal NWR ...........................................................................................................................
Fisherman Island NWR ...............................................................................................................
Florida Panther NWR ..................................................................................................................
Franklin Island NWR ....................................................................................................................
Grand Bay NWR ..........................................................................................................................
Great Dismal Swamp NWR .........................................................................................................
Great River NWR.
Great Swamp NWR .....................................................................................................................
Green Lake NFH .........................................................................................................................
Hackmatack NWR .......................................................................................................................
Harbor Island NWR .....................................................................................................................
Harris Neck NWR ........................................................................................................................
Havasu NWR ...............................................................................................................................
Holla Bend NWR .........................................................................................................................
J. Clark Salyer NWR ...................................................................................................................
James River NWR .......................................................................................................................
Julia Butler Hansen Refuge .........................................................................................................
Kern NWR ....................................................................................................................................
Kootenai NWR .............................................................................................................................
VerDate Sep<11>2014
20:40 Aug 30, 2021
Jkt 253001
PO 00000
Frm 00019
Fmt 4701
Sfmt 4700
Additional
fishing days
Additional
expenditures
10
30
344
472
120
2
66
45
220
86
60
87
250
100
45
10
........................
........................
........................
........................
........................
........................
........................
........................
160
365
........................
........................
........................
........................
........................
........................
$0.3
1.0
11.6
15.9
4.0
0.1
2.2
1.5
13.0
15.7
2.0
2.9
8.4
3.4
1.5
0.3
82
........................
15
132
85
103
118
414
........................
14
........................
3,000
........................
........................
........................
........................
........................
........................
1,200
........................
2.8
105.2
0.5
4.4
2.9
3.5
4.0
13.9
42.1
0.5
670
1,000
150
6
137
920
465
1,200
........................
........................
365
........................
730
........................
64.7
33.7
5.1
13.0
4.6
56.6
15.7
500
........................
40
62
68
89
100
10
160
50
30
........................
........................
365
30
100
........................
........................
........................
........................
1,200
........................
........................
50
16.8
12.8
2.4
5.6
2.3
3.0
3.4
0.3
47.5
1.7
1.0
1.8
E:\FR\FM\31AUR2.SGM
31AUR2
48840
Federal Register / Vol. 86, No. 166 / Tuesday, August 31, 2021 / Rules and Regulations
TABLE 2—ESTIMATED MAXIMUM CHANGE IN RECREATION OPPORTUNITIES IN 2021–2022—Continued
khammond on DSKJM1Z7X2PROD with RULES2
[Dollars in thousands]
Station
Additional
hunting days
Additional
fishing days
Lacreek NWR ..............................................................................................................................
Lake Alice NWR ..........................................................................................................................
Las Vegas NWR ..........................................................................................................................
Mackay Island NWR ....................................................................................................................
Malheur NWR ..............................................................................................................................
Mandalay NWR ............................................................................................................................
Middle Mississippi River NWR ....................................................................................................
Minnesota Valley NWR.
Missisquoi NWR ..........................................................................................................................
Moosehorn NWR .........................................................................................................................
Muleshoe NWR ............................................................................................................................
National Elk Refuge .....................................................................................................................
Neal Smith NWR .........................................................................................................................
Neches River NWR .....................................................................................................................
Northern Tallgrass Prairie NWR ..................................................................................................
Occoquan Bay NWR ...................................................................................................................
Ohio River Islands NWR .............................................................................................................
Ottawa NWR ................................................................................................................................
Ouray NWR .................................................................................................................................
Patoka River NWR ......................................................................................................................
Petit Manan NWR ........................................................................................................................
Plum Tree Island NWR ................................................................................................................
Pond Island NWR ........................................................................................................................
Presquile NWR ............................................................................................................................
Rappahannock NWR ...................................................................................................................
Red River NWR.
Rice Lake NWR ...........................................................................................................................
Sam D. Hamilton Noxubee NWR ................................................................................................
Sequoyah NWR ...........................................................................................................................
Sherburne NWR ..........................................................................................................................
Silvio O. Conte NWR ...................................................................................................................
Sunkhaze Meadows NWR ...........................................................................................................
Supawna Meadows NWR ............................................................................................................
Tensas River NWR ......................................................................................................................
UL Bend NWR .............................................................................................................................
Upper Ouachita NWR ..................................................................................................................
Wallkill River NWR.
Wapanocca NWR ........................................................................................................................
Waubay NWR ..............................................................................................................................
Wichita Mountains NWR ..............................................................................................................
William L. Finley NWR .................................................................................................................
........................
10
28
200
232
519
10
15
........................
........................
........................
........................
........................
........................
0.5
0.3
0.9
6.7
7.8
17.5
0.3
400
50
75
48
27
2,161
69.6
280
530
18
45
15
700
........................
138
10
497
........................
........................
10
........................
........................
........................
5.48
1,200
........................
160
........................
2
........................
300
........................
1,200
........................
13.5
1.7
2.9
1.6
0.9
72.8
2.5
51.5
17.9
6.2
1.5
0.6
23.6
10.5
4.6
42.4
16.7
48
7
........................
444
50
10
500
16
10
45
........................
........................
2,000
........................
0
........................
........................
........................
........................
........................
1.6
0.2
70.1
15.0
1.7
0.3
16.8
0.5
0.3
1.5
130
........................
........................
264
90
15
12,123
........................
7.5
0.5
425.2
8.9
Total ......................................................................................................................................
14,954
25,885
1,411.5
To the extent visitors spend time and
money in the area of the station 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 2016
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 and
the Hatchery System yields
approximately $1.4 million in
recreation-related expenditures (see
Table 2, above). By having ripple effects
throughout the economy, these direct
VerDate Sep<11>2014
20:40 Aug 30, 2021
Jkt 253001
expenditures are only part of the
economic impact of these recreational
activities. Using a national impact
multiplier for hunting activities (2.51)
derived from the report ‘‘Hunting in
America: An Economic Force for
Conservation’’ and for fishing activities
(2.51) derived from the report
‘‘Sportfishing in America’’ yields a total
maximum economic impact of
approximately $5.3 million (2020
dollars) (Southwick Associates, Inc.,
2018). 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
PO 00000
Frm 00020
Fmt 4701
Sfmt 4700
Additional
expenditures
it is unlikely that most of this spending
will be ‘‘new’’ money coming into a
local economy; therefore, this spending
will be offset with a decrease in some
other sector of the local economy. The
net gain to the local economies will be
no more than $5.3 million, and likely
less. Since 80 percent of the participants
travel less than 100 miles to engage in
hunting and fishing activities, their
spending patterns will not add new
money into the local economy and,
therefore, the real impact will be on the
order of about $1.1 million annually.
Small businesses within the retail
trade industry (such as hotels, gas
stations, taxidermy shops, bait-andtackle shops, and similar businesses)
may be affected by some increased or
decreased station visitation. A large
percentage of these retail trade
E:\FR\FM\31AUR2.SGM
31AUR2
Federal Register / Vol. 86, No. 166 / Tuesday, August 31, 2021 / Rules and Regulations
establishments in the local communities
around NWRs and NFHs qualify as
small businesses (see Table 3, below).
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 at most $1.4
million to be spent in total in the
refuges’ local economies. The maximum
increase will be less than threehundredths of 1 percent for local retail
48841
trade spending (see Table 3, below).
Table 3 does not include entries for
those NWRs and NFHs for which we
project no changes in recreation
opportunities in 2021–2022; see Table 2,
above.
TABLE 3—COMPARATIVE EXPENDITURES FOR RETAIL TRADE ASSOCIATED WITH ADDITIONAL STATION VISITATION FOR
2021–2022
[Thousands, 2020 dollars]
Retail trade
in 2017 1
khammond on DSKJM1Z7X2PROD with RULES2
Station/county(ies)
Audubon
McLean, ND ......................................................
Bald Knob
White, AR ..........................................................
Bayou Sauvage
Orleans, LA .......................................................
Bayou Teche
St. Mary, LA ......................................................
Big Branch Marsh
St. Tammany, LA ..............................................
Big Lake
Mississippi, AR .................................................
Bill Williams River
La Paz, AZ ........................................................
Mohave, AZ ......................................................
Bogue Chitto
Washington, LA ................................................
St. Tammany, LA ..............................................
Pearl River, MS ................................................
Bond Swamp
Bibb, GA ...........................................................
Twiggs, GA .......................................................
Brazoria
Brazoria, TX ......................................................
Cache River
Woodruff, AR ....................................................
Monroe, AR .......................................................
Jackson, AR ......................................................
Prairie, AR ........................................................
Caddo Lake
Harrison, TX ......................................................
Camas
Jefferson, ID .....................................................
Cape May
Cape May, NJ ...................................................
Cat Island
East Feliciana, LA .............................................
Charles M. Russell
Blaine, MT .........................................................
Phillips, MT .......................................................
McCone, MT .....................................................
Fergus, MT .......................................................
Petroleum, MT ..................................................
Garfield, MT ......................................................
Valley, MT .........................................................
Choctaw
Choctaw, AL .....................................................
Crab Orchard
Williamson, IL ...................................................
Cypress Creek
Alexander, IL .....................................................
Dale Bumpers White River
Arkansas, AR ....................................................
Monroe, AR .......................................................
Phillips, AR .......................................................
Desha, AR ........................................................
Delta
VerDate Sep<11>2014
20:40 Aug 30, 2021
Jkt 253001
PO 00000
Estimated
maximum
addition
from new
activities
Addition as
% of total
Establishments
in 2017 1
Establishments
with fewer
than 10
employees
in 2017 1
$95,006
$0.3
<0.01
39
29
1,110,661
1.0
<0.01
311
234
3,694,534
11.6
<0.01
1,343
1,021
559,081
15.9
<0.01
186
145
4,242,548
4.0
<0.01
901
596
442,920
0.1
<0.01
144
115
475,421
3,234,501
1.1
1.1
<0.01
<0.01
82
615
59
397
352,900
4,242,548
693,664
0.5
0.5
0.5
<0.01
<0.01
<0.01
146
901
186
110
596
132
2,835,352
22,447
6.5
6.5
<0.01
0.03
780
13
555
11
4,992,876
15.7
<0.01
831
546
47,310
66,530
242,527
54,178
0.5
0.5
0.5
0.5
<0.01
<0.01
<0.01
<0.01
31
35
68
32
26
27
48
23
638,384
2.9
<0.01
184
145
221,301
8.4
<0.01
56
37
2,043,622
3.4
<0.01
644
502
82,906
1.5
<0.01
41
30
43,638
46,381
17,671
166,443
D
14,204
145,264
<0.1
<0.1
<0.1
<0.1
<0.1
<0.1
<0.1
<0.01
<0.01
<0.01
<0.01
<0.01
<0.01
<0.01
22
24
9
62
3
4
49
16
17
6
51
3
2
39
95,301
2.8
<0.01
55
42
1,240,677
105.2
0.01
259
168
19,644
0.5
<0.01
18
14
319,247
66,530
156,413
130,625
1.1
1.1
1.1
1.1
<0.01
<0.01
<0.01
<0.01
94
35
79
64
64
27
62
49
Frm 00021
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E:\FR\FM\31AUR2.SGM
31AUR2
48842
Federal Register / Vol. 86, No. 166 / Tuesday, August 31, 2021 / Rules and Regulations
TABLE 3—COMPARATIVE EXPENDITURES FOR RETAIL TRADE ASSOCIATED WITH ADDITIONAL STATION VISITATION FOR
2021–2022—Continued
[Thousands, 2020 dollars]
Retail trade
in 2017 1
khammond on DSKJM1Z7X2PROD with RULES2
Station/county(ies)
Plaquemines, LA ...............................................
Desert
Clark, NV ..........................................................
Don Edwards
Alameda, CA .....................................................
Eastern Shore of Virginia
Northampton, VA ..............................................
Elizabeth Hartwell Mason Neck
Fairfax, VA ........................................................
Ernest F. Hollings ACE Basin
Charleston, SC .................................................
Hampton, SC ....................................................
Lancaster, SC ...................................................
Featherstone, VA
Prince William, VA ............................................
Felsenthal
Ashley, AR ........................................................
Union, AR .........................................................
Bradley, AR .......................................................
Fisherman Island
Northampton, VA ..............................................
Florida Panther
Collier, FL .........................................................
Franklin Island
Knox, ME ..........................................................
Grand Bay
Mobile, AL .........................................................
Jackson, MS .....................................................
Great Dismal Swamp
Sufolk City, VA ..................................................
Chesapeake City, VA .......................................
Great Swamp
Morris, NJ .........................................................
Green Lake
Hancock, ME ....................................................
Hackamatack
McHenry, IL ......................................................
Walworth, WI ....................................................
Harbor Island
Chippewa, MI ....................................................
Harris Neck
McIntosh, GA ....................................................
Havasu
Mohave, AZ ......................................................
Holla Bend
Pope, AR ..........................................................
Yell, AR .............................................................
J. Clark Salyer
Bottineau, ND ...................................................
McHenry, ND ....................................................
James River
Prince George, VA ............................................
Julia Butler Hansen
Clatsop, OR ......................................................
Columbia, OR ...................................................
Wahkiakum, WA ...............................................
Kern
Kern, CA ...........................................................
Kootenai
Boundary, ID .....................................................
Lacreek
Meade, SD ........................................................
Lake Alice
Bottineau, ND ...................................................
McHenry, ND ....................................................
Las Vegas
VerDate Sep<11>2014
20:40 Aug 30, 2021
Jkt 253001
PO 00000
Estimated
maximum
addition
from new
activities
Addition as
% of total
Establishments
in 2017 1
Establishments
with fewer
than 10
employees
in 2017 1
119,957
2.9
<0.01
65
52
33,837,749
3.5
<0.01
6,178
3,828
28,390,575
4.0
<0.01
4,347
2,923
117,772
13.9
0.01
59
45
1,818,140
42.1
<0.01
252
136
9,065,573
178,354
825,599
0.5
0.5
0.5
<0.01
<0.01
<0.01
2,003
76
237
1,334
59
174
6,705,340
64.7
<0.01
1,164
683
193,246
591,376
75,395
11.2
11.2
11.2
0.01
<0.01
0.01
68
186
33
53
131
25
117,772
5.1
<0.01
59
45
7,710,838
13.0
<0.01
1,455
1,019
760,425
4.6
<0.01
256
183
5,921,035
1,410,824
28.3
28.3
<0.01
<0.01
1,514
407
1,040
296
1,225,412
4,415,609
7.8
7.8
<0.01
<0.01
229
782
148
445
11,015,983
16.8
<0.01
1,809
1,221
1,001,578
12.8
<0.01
350
261
4,115,924
1,596,199
1.2
1.2
<0.01
<0.01
938
361
607
258
521,726
5.6
<0.01
148
98
96,007
2.3
<0.01
45
35
3,234,501
3.0
<0.01
615
397
945,241
132,972
1.7
1.7
<0.01
<0.01
272
50
185
38
109,978
33,913
0.2
0.2
<0.01
<0.01
29
19
21
14
303,359
47.5
0.02
65
42
808,973
417,825
8,582
0.6
0.6
0.6
<0.01
<0.01
0.01
269
119
6
215
77
5
9,906,906
1.0
<0.01
1,966
1,250
123,467
1.8
<0.01
47
37
325,901
0.5
<0.01
91
67
109,978
33,913
0.2
0.2
<0.01
<0.01
29
19
21
14
Frm 00022
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48843
TABLE 3—COMPARATIVE EXPENDITURES FOR RETAIL TRADE ASSOCIATED WITH ADDITIONAL STATION VISITATION FOR
2021–2022—Continued
[Thousands, 2020 dollars]
Retail trade
in 2017 1
khammond on DSKJM1Z7X2PROD with RULES2
Station/county(ies)
San Miguel, NM ................................................
Mackay Island
Currituck, NC ....................................................
Virginia Beach City, VA ....................................
Malheur
Harney, OR .......................................................
Mandalay
Terrebonne, LA .................................................
Middle Mississippi River
Perry, MO .........................................................
Missisquoi
Franklin, VT ......................................................
Moosehorn
Washington, ME ...............................................
Muleshoe
Bailey, TX .........................................................
National Elk Refuge
Teton, WY .........................................................
Neal Smith
Jasper, IA ..........................................................
Neches River
Cameron, TX ....................................................
Anderson, TX ....................................................
Northern Tallgrass Prairie
Murray, MN .......................................................
Kandiyohi, MN ..................................................
Clay, MN ...........................................................
Clay, IA .............................................................
Occoquan Bay
Prince William, VA ............................................
Ohio River Islands
Beaver, PA ........................................................
Boyd, KY ...........................................................
Wood, OH .........................................................
Wood, WV .........................................................
Ottawa
Ottawa, OH .......................................................
Ouray
Uintah, UT .........................................................
Patoka River
Pike, IN .............................................................
Gibson, IN .........................................................
Petit Manan
Washington, ME ...............................................
Hancock, ME ....................................................
Knox, ME ..........................................................
Lincoln, ME .......................................................
Cumberland, ME ...............................................
Plum Tree Island
York, VA ............................................................
Pond Island
Knox, ME ..........................................................
Presquile
Chesterfield, VA ................................................
Rappahannock
Essex, VA .........................................................
King George, VA ...............................................
Westmoreland, VA ............................................
Richmond, VA ...................................................
Caroline, VA ......................................................
Rice Lake
Aitkin, MN .........................................................
Sam D. Hamilton Noxubee
Noxubee, MS ....................................................
Winston, MS .....................................................
Oktibbeha, MS ..................................................
VerDate Sep<11>2014
20:40 Aug 30, 2021
Jkt 253001
PO 00000
Estimated
maximum
addition
from new
activities
Addition as
% of total
Establishments
in 2017 1
Establishments
with fewer
than 10
employees
in 2017 1
231,666
0.9
<0.01
79
49
327,336
6,499,109
3.4
3.4
<0.01
<0.01
135
1,468
109
893
169,776
7.8
<0.01
29
17
1,964,261
17.5
<0.01
475
317
294,900
0.3
<0.01
82
46
876,359
13.5
<0.01
176
112
438,713
1.7
<0.01
141
88
49,284
2.9
0.01
21
15
676,935
1.6
<0.01
255
211
408,507
0.9
<0.01
105
73
4,868,360
631,510
36.4
36.4
<0.01
0.01
1,084
167
686
124
60,148
914,193
779,998
504,926
0.6
0.6
0.6
0.6
<0.01
<0.01
<0.01
<0.01
44
208
161
102
33
145
95
70
6,705,340
51.5
<0.01
1,164
683
1,717,000
903,141
1,976,330
1,631,635
4.5
4.5
4.5
4.5
<0.01
<0.01
<0.01
<0.01
495
236
369
361
325
137
218
210
467,388
6.2
<0.01
133
99
471,207
1.5
<0.01
134
88
67,144
529,720
0.3
0.3
<0.01
<0.01
32
116
23
76
438,713
1,001,578
760,425
511,948
7,424,447
4.7
4.7
4.7
4.7
4.7
<0.01
<0.01
<0.01
<0.01
<0.01
141
350
256
204
1,454
88
261
183
157
936
1,014,306
10.5
<0.01
201
135
760,425
4.6
<0.01
256
183
7,122,893
42.4
<0.01
958
589
233,522
362,404
122,436
2,386,644
324,067
3.3
3.3
3.3
3.3
3.3
<0.01
<0.01
<0.01
<0.01
<0.01
65
64
44
795
63
48
42
31
578
48
148,260
1.6
<0.01
69
48
65,033
211,903
558,982
0.1
0.1
0.1
<0.01
<0.01
<0.01
40
86
173
35
67
130
Frm 00023
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48844
Federal Register / Vol. 86, No. 166 / Tuesday, August 31, 2021 / Rules and Regulations
TABLE 3—COMPARATIVE EXPENDITURES FOR RETAIL TRADE ASSOCIATED WITH ADDITIONAL STATION VISITATION FOR
2021–2022—Continued
[Thousands, 2020 dollars]
Retail trade
in 2017 1
Station/county(ies)
Sequoyah
Sequoyah, OK ..................................................
Muskogee, OK ..................................................
Haskell, OK .......................................................
Sherburne
Sherburne, MN .................................................
Silvio O. Conte
Coos, NH ..........................................................
Essex, VT .........................................................
Windham, VT ....................................................
Sunkhaze Meadows
Waldo, ME ........................................................
Kennebec, ME ..................................................
Penobscot, ME .................................................
Supawna Meadows
Salem County, NJ .............................................
Tensas River
Madison, LA ......................................................
Tensas, LA ........................................................
UL Bend
Phillips, MT .......................................................
Upper Ouachita
Union, LA ..........................................................
Morehouse, LA .................................................
Wapanocca
Crittenden, AR ..................................................
Waubay
Day, SD ............................................................
Wichita Mountains
Comanche, OK .................................................
William L. Finley
Linn, OR ............................................................
1 U.S.
Addition as
% of total
Establishments
in 2017 1
Establishments
with fewer
than 10
employees
in 2017 1
362,456
958,492
154,591
23.4
23.4
23.4
0.01
<0.01
0.02
116
263
37
87
175
23
985,715
15.0
<0.01
203
126
575,506
14,718
606,157
0.6
0.6
0.6
<0.01
<0.01
<0.01
172
18
236
126
15
171
417,407
2,624,338
3,443,680
0.1
0.1
0.1
<0.01
<0.01
<0.01
171
522
705
131
320
445
607,072
16.8
<0.01
174
119
115,029
25,165
0.3
0.3
<0.01
<0.01
32
14
20
12
46,381
0.3
<0.01
24
17
184,987
207,578
0.8
0.8
<0.01
<0.01
56
74
45
53
702,406
7.5
<0.01
149
104
86,538
0.5
<0.01
30
18
1,412,420
425.2
0.03
407
274
1,504,418
8.9
<0.01
357
241
Census Bureau. ‘‘D’’ denotes sample size too small to report data.
With the small change in overall
spending anticipated from this rule, it is
unlikely that a substantial number of
small entities will have more than a
small impact from the spending change
near the affected stations. Therefore, we
certify that this rule will not have a
significant economic effect on a
substantial number of small entities as
defined under the Regulatory Flexibility
Act (5 U.S.C. 601 et seq.). A regulatory
flexibility analysis is not required.
Accordingly, a small entity compliance
guide is not required.
Small Business Regulatory Enforcement
Fairness Act
khammond on DSKJM1Z7X2PROD with RULES2
Estimated
maximum
addition
from new
activities
This rule is not a major rule under 5
U.S.C. 804(2), the Small Business
Regulatory Enforcement Fairness Act.
We anticipate no significant
employment or small business effects.
This rule:
a. Will not have an annual effect on
the economy of $100 million or more.
The minimal impact would be scattered
VerDate Sep<11>2014
20:40 Aug 30, 2021
Jkt 253001
across the country and will most likely
not be significant in any local area.
b. Will not cause a major increase in
costs or prices for consumers;
individual industries; Federal, State, or
local government agencies; or
geographic regions. This rule will have
only a slight effect on the costs of
hunting opportunities for Americans. If
the substitute sites are farther from the
participants’ residences, then an
increase in travel costs will occur. The
Service does not have information to
quantify this change in travel cost but
assumes that, since most people travel
less than 100 miles to hunt, the
increased travel cost will be small. We
do not expect this rule to affect the
supply or demand for hunting
opportunities in the United States, and,
therefore, it should not affect prices for
hunting equipment and supplies, or the
retailers that sell equipment.
c. Will not have significant adverse
effects on competition, employment,
investment, productivity, innovation, or
the ability of U.S.-based enterprises to
PO 00000
Frm 00024
Fmt 4701
Sfmt 4700
compete with foreign-based enterprises.
This rule represents only a small
proportion of recreational spending at
NWRs. Therefore, this rule will have no
measurable economic effect on the
wildlife-dependent industry, which has
annual sales of equipment and travel
expenditures of $72 billion nationwide.
Unfunded Mandates Reform Act
Since this rule will apply to public
use of federally owned and managed
refuges, it will not impose an unfunded
mandate on State, local, or Tribal
governments or the private sector of
more than $100 million per year. This
rule will not have a significant or
unique effect on State, local, or Tribal
governments or the private sector. A
statement containing the information
required by the Unfunded Mandates
Reform Act (2 U.S.C. 1531 et seq.) is not
required.
Takings (E.O. 12630)
In accordance with E.O. 12630, this
rule will not have significant takings
E:\FR\FM\31AUR2.SGM
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Federal Register / Vol. 86, No. 166 / Tuesday, August 31, 2021 / Rules and Regulations
implications. This rule will affect only
visitors at NWRs and NFHs, and
describes what they can do while they
are on a Service station.
Federalism (E.O. 13132)
As discussed under Regulatory
Planning and Review and Unfunded
Mandates Reform Act, above, this rule
will not have sufficient federalism
implications to warrant the preparation
of a federalism summary impact
statement under E.O. 13132. In
preparing this rule, we worked with
State governments.
Civil Justice Reform (E.O. 12988)
In accordance with E.O. 12988, the
Department of the Interior has
determined that this rule will not
unduly burden the judicial system and
that it meets the requirements of
sections 3(a) and 3(b)(2) of the Order.
Energy Supply, Distribution or Use (E.O.
13211)
On May 18, 2001, the President issued
E.O. 13211 on regulations that
significantly affect energy supply,
distribution, and use. E.O. 13211
requires agencies to prepare Statements
of Energy Effects when undertaking
certain actions. Because this rule adds 7
NWRs to the list of refuges open to
hunting and sport fishing, opens or
expands hunting or sport fishing at 81
other NWRs, and opens 1 NFH to sport
fishing, 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.
khammond on DSKJM1Z7X2PROD with RULES2
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 and NFHs with Tribal
governments having adjoining or
overlapping jurisdiction before we
propose the regulations.
Paperwork Reduction Act (PRA)
This final rule contains existing and
new information collections that we
have submitted to the Office of
Management and Budget (OMB) for
review and approval under the
Paperwork Reduction Act of 1995 (PRA,
44 U.S.C. 3501 et seq.). All information
collections require approval by the OMB
under the PRA. We may not conduct or
sponsor and you are not required to
respond to a collection of information
VerDate Sep<11>2014
20:40 Aug 30, 2021
Jkt 253001
unless it displays a currently valid OMB
control number. The OMB has reviewed
and approved the information collection
requirements associated with hunting
and sport fishing activities across the
National Wildlife Refuge System and
National Fish Hatchery System and
assigned the following OMB control
numbers:
• 1018–0140, ‘‘Hunting and Sport
Fishing Application Forms and Activity
Reports for National Wildlife Refuges,
50 CFR 25.41, 25.43, 25.51, 26.32, 26.33,
27.42, 30.11, 31.15, 32.1 to 32.72’’
(Expires 12/31/2023),
• 1018–0102, ‘‘National Wildlife
Refuge Special Use Permit Applications
and Reports, 50 CFR 25, 26, 27, 29, 30,
31, 32, & 36’’ (Expires 01/31/2024),
• 1018–0135, ‘‘Electronic Federal
Duck Stamp Program’’ (Expires 01/31/
2023),
• 1018–0093, ‘‘Federal Fish and
Wildlife Permit Applications and
Reports—Management Authority; 50
CFR 13, 15, 16, 17, 18, 22, 23’’ (Expires
08/31/2023), and
• 1024–0252, ‘‘The Interagency
Access Pass and Senior Pass
Application Processes’’ (Expires 09/30/
2023).
In accordance with the PRA and 5
CFR 1320.8(d)(1), we provide the
general public and other Federal
agencies with an opportunity to
comment on our request to revise OMB
control number 1018–0140. This helps
us assess the impact of our information
collection requirements and minimize
the public’s reporting burden. It also
helps the public understand our
information collection requirements and
provide the requested data in the
desired format.
The Service’s final rule (RIN 1018–
BF09) opens, for the first time, hunting
and sport fishing on seven NWRs, opens
or expands hunting and sport fishing at
81 other NWRs, and opens hunting or
sport fishing on one unit of the NFH.
The additional burden associated with
these new or expanded hunting and
sport fishing opportunities, as well as
the revised information collections
identified below, require OMB approval.
Many refuges offer hunting and sport
fishing activities without collecting any
information. Those refuges that do
collect hunter and angler information do
so seasonally, usually once a year at the
beginning of the hunting or sport fishing
season. Some refuges may elect to
collect the identical information via a
non-form format (letter, email, or
through discussions in person or over
the phone). Some refuges provide the
form electronically over the internet. In
some cases, because of high demand
and limited resources, we often provide
PO 00000
Frm 00025
Fmt 4701
Sfmt 4700
48845
hunt opportunities by lottery, based on
dates, locations, or type of hunt.
The requested changes to the existing
information collections identified below
require OMB approval:
Hunting Applications/Permit (FWS
Form 3–2439, Hunt Application—
National Wildlife Refuge System)
Form 3–2439 collects the following
information from individuals seeking
hunting experiences on the NWRs:
• Lottery Application: Refuges who
administer hunting via a lottery system
will use Form 3–2439 as the lottery
application. If the applicant is
successful, the completed Form 3–2439
also serves as their permit application,
avoiding a duplication of burden on the
public filling out two separate forms.
• Date of application: We often have
application deadlines and this
information helps staff determine the
order in which we received the
applications. It also ensures that the
information is current.
• Methods: Some refuges hold
multiple types of hunts, i.e., archery,
shotgun, primitive weapons, etc. We ask
for this information to identify which
opportunity(ies) a hunter is applying
for.
• Species Permit Type: Some refuges
allow only certain species, such as
moose, elk, or bighorn sheep to be
hunted. We ask hunters to identify
which species hunt they are applying
for.
• Applicant information: We collect
name, address, phone number(s), and
email so we can contact the applicant/
permittee either during the application
process, when the applicant is
successful in a lottery drawing, or after
receiving a permit.
• Party Members: Some refuges allow
the permit applicant to include
additional hunters in their group. We
collect the names of all additional
hunters, when allowed by the refuge.
• Parent/Guardian Contact
Information: We collect name,
relationship, address, phone number(s),
and email for a parent/guardian of youth
hunters. We ask for this information in
the event of an emergency.
• Date: We ask hunters for their
preferences for hunt dates.
• Hunt/Blind Location: We ask
hunters for their preferences for hunt
units, areas, or blinds.
• Special hunts: Some refuges hold
special hunts for youth, hunters who are
disabled, or other underserved
populations. We ask hunters to identify
if they are applying for these special
hunts. For youth hunts, we ask for the
age of the hunter at the time of the hunt.
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Federal Register / Vol. 86, No. 166 / Tuesday, August 31, 2021 / Rules and Regulations
khammond on DSKJM1Z7X2PROD with RULES2
• Signature and date: To confirm that
the applicant (and parent/guardian, if a
youth hunter) understands the terms
and conditions of the permit.
Requested revisions to FWS Form
3–2439:
With this submission, we updated the
title of the form to include NFHs. We
also updated the Privacy Act Statement
on the form to include applicability to
all hunting permits (rather than only
migratory bird hunting) and to also
include references to authorized
hunting on NFHs.
Harvest/Fishing Activity Reports
We have four harvest/fishing activity
reports, depending on the species. We
ask users to report on their success after
their experience so that we can evaluate
hunt quality and resource impacts. We
requested to use the following activity
reports, which we distribute during
appropriate seasons, as determined by
State or Federal regulations:
• FWS Form 3–2359 (Big Game
Harvest Report).
• FWS Form 3–2360 (Sport Fishing
Report).
• FWS Form 3–2361 (Migratory Bird
Hunt Report).
• FWS Form 3–2362 (Upland/Small
Game/Furbearer Report).
We collect the following information
on the harvest reports:
• Name of refuge and location: We
ask this to track responses by location,
which is important when we manage
more than one refuge or activity area
from one office.
• Date: We ask when the hunter/
angler participated in the activity. This
helps us identify use trends so we have
resources available.
• Hours/Time in/out: We ask this to
determine how long the hunter/angler
participated in the activity. We also use
this to track use so we can allocate
resources appropriately.
• Name, City, State: We ask for a
name so we can identify the user. We
ask for residence information to help
establish use patterns (if users are local
or traveling).
• Number harvested/caught based on
species: We ask this to determine the
impacts on wildlife/fish populations,
relative success, and quality of
experience.
• Species harvested/caught: We ask
this to determine the impacts on
wildlife/fish populations, relative
success, and quality of experience.
Requested revisions to harvest activity
reports:
With this submission, we requested
approval of a new harvest form (FWS
Form 3–2542, ‘‘Hunter Harvest Report’’)
to replace FWS Forms 3–2359, 3–2361,
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black bear and hog)) and deposit it in
the permit box.
• Self-Clearing Daily Vehicle Permit.
The driver and each user traveling in
the vehicle must complete this portion
(date) and display in clear view in the
vehicle while on the refuge.
We use FWS Form 3–2405 to collect:
• Information on the visitor (name,
address, and contact information). We
use this information to identify the
visitor or driver/passenger of a vehicle
while on the refuge. This is extremely
valuable information should visitors
become lost or injured. Law
enforcement officers can easily check
vehicles for these cards in order to
determine a starting point for the search
or to contact family members in the
event of an abandoned vehicle. Having
this information readily available is
critical in a search and rescue situation.
• Purpose of visit (hunting, sport
fishing, wildlife observation, wildlife
photography, auto touring, birding,
hiking, boating/canoeing, visitor center,
special event, environmental education
class, volunteering, other recreation).
This information is critical in
determining public use participation in
wildlife management programs. This not
only allows the refuge to manage its
hunt and other visitor use programs, but
also to increase and/or improve
facilities for non-consumptive uses that
are becoming more popular on refuges.
Data collected will also help managers
better allocate staff and resources to
serve the public as well as develop
annual performance measures.
• Success of harvest by hunters/
anglers (number and type of harvest/
caught). This information is critical to
wildlife management programs on
refuges. Each refuge will customize the
form by listing game species and
incidental species available on the
Self-Clearing Check-In Permit (FWS
refuge, hunting methods allowed, and
Form 3–2405)
data needed for certain species (e.g., for
deer, whether itis a buck or doe and the
FWS Form 3–2405 has three parts:
• Self-Clearing Daily Check-in Permit. number of points; or for turkeys, the
weight and beard and spur lengths).
Each user completes this portion of the
• Visitor observations of incidental
form (date of visit, name, and telephone
species. This information will help
numbers) and deposits it in the permit
managers develop annual performance
box prior to engaging in any activity on
measures and it provides information to
the refuge.
help develop resource management
• Self-Clearing Daily Visitor
planning.
Registration Permit. Each user must
• Photograph of animal harvested
complete the front side of the form
(specific refuges only). This requirement
(date, name, city, State, zip code, and
documents the sex of animal prior to the
purpose of visit) and carry this portion
hunter being eligible to harvest the
while on the refuge. At the completion
of the visit, each user must complete the opposite sex (where allowed).
• Date of visit and/or area visited.
reverse side of the form (number of
• Comments. We encourage visitors
hours on refuge, harvest information
to comment on their experience.
(species and number), harvest method,
Requested revisions to FWS Form
angler information (species and
3–2405:
number), and wildlife sighted (e.g.,
and 3–2362 to simplify reporting
requirements and to reduce burden on
the public. In addition to the fields
previously approved by OMB on the
original three harvest report forms, we
added the following additional fields to
aid the refuge in management of the
reports:
• State-issued hunter identification
(ID)/license number (NOTE: Refuges/
hatcheries that rely on the State agency
to issue hunting permits are not
required to collect the permittee’s
personal identifying information (PII) on
the harvest form. Those refuges/
hatcheries may opt to collect only the
State ID number assigned to the hunter
in order to match harvest data with their
issued permit. Refuges/hatcheries will
collect either hunter PII or State-issued
ID number, but not both.)
• Species observed—Data will be
used by refuge/hatchery staff to
document the presence of rare or
unusual species.
• Permit number/type—Data will be
used to link the harvest report to the
issued permit.
• Hunt Tag Number—Data will be
used to link the harvest report to the
species-specific hunt tag.
• Number of youth (younger than age
18) in party—Data will be used to better
understand volume of youth hunting on
a refuge/hatchery. Specific hunter
names are not collected, just total
number of youths in hunting party.
• Harvested by—Data will be used to
determine ratio of adults to youth
hunters. Specific hunter names are not
collected.
• Species observed—Data will be
used by a refuge/hatchery to determine
the presence of any unusual species
(e.g., threatened or endangered species,
or invasive species).
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Federal Register / Vol. 86, No. 166 / Tuesday, August 31, 2021 / Rules and Regulations
With this submission, we added
vehicle license plate number, State
issued, and make/model of vehicle
fields as optional fields for refuges/
hatcheries. This information is required
by law enforcement purposes for search
and rescue/emergency response
activities, as well as to verify ownership
of vehicles in the event of damage on
the refuge/hatchery, accidents, or other
related law enforcement purposes.
We have not requested any changes to
the remaining information collections
identified below, which are currently
approved by OMB:
Sport Fishing Application/Permit (FWS
Form 3–2358, ‘‘Sport FishingShrimping-Crabbing-Frogging Permit
Application’’)
Form 3–2358 allows the applicant to
choose multiple permit activities, and
requests the applicant provide the state
fishing license number. The form
provides the refuge with more flexibility
to insert refuge-specific requirements/
instructions, along with a permit
number and validity dates for season
issued.
We collect the following information
from individuals seeking sport fishing
experiences:
• Date of application: We often have
application deadlines and this
information helps staff determine the
order in which we received the
applications. It also ensures that the
information is current.
• State fishing license number: We
ask for this information to verify the
applicant is legally licensed by the State
(where required).
• Permit Type: On sport fishing
permits, we ask what type of activity
(crabbing, shrimping, frogging, etc.) is
being applied for.
• Applicant information: We collect
name, address, phone number(s), and
email so we can contact the applicant/
permittee either during the application
process or after receiving a permit.
• Signature and date: To confirm that
the applicant (and parent/guardian, if a
youth hunter) understands the terms
and conditions of the permit.
Labeling/Marking Requirements
As a condition of the permit, some
refuges require permittees to label
hunting and/or sport fishing gear used
on the refuge. This equipment may
include items such as the following:
Tree stands, blinds, or game cameras;
hunting dogs (collars); flagging/trail
markers; boats; and/or sport fishing
equipment such as jugs, trotlines, and
crawfish or crab traps. Refuges require
the owner label their equipment with
their last name, the State-issued
hunting/fishing license number, and/or
hunting/fishing permit number. Refuges
may also require equipment for youth
hunters include ‘‘YOUTH’’ on the label.
This minimal information is necessary
in the event the refuge needs to contact
the owner.
Required Notifications
On occasion, hunters may find their
game has landed outside of established
hunting boundaries. In this situation,
hunters must notify an authorized
refuge employee to obtain consent to
retrieve the game from an area closed to
hunting or entry only upon specific
consent. Certain refuges also require
hunters to notify the refuge manager
when hunting specific species (e.g.,
khammond on DSKJM1Z7X2PROD with RULES2
black bear, bobcat, or eastern coyote)
with trailing dogs. Refuges
encompassing privately owned lands,
referred to as ‘‘easement overlay
refuges’’ or ‘‘limited-interest easement
refuges,’’ may also require the hunter
obtain written or oral permission from
the landowner prior to accessing the
land.
Due to the wide range of hunting and
sport fishing opportunities offered on
the NWRs and NFHs, the refuges and
fish hatcheries may customize the forms
to remove any fields that are not
pertinent to the recreational
opportunities they offer. Refuges will
not add any new fields to the forms, but
the order of the fields may be
reorganized. Refuges may also
customize the forms with instructions
and permit conditions specific to a
particular unit for the hunting/sport
fishing activity.
Title of Collection: Hunting and
Fishing Application Forms and Activity
Reports for National Wildlife Refuges
and National Fish Hatcheries, 50 CFR 32
and 71.
OMB Control Number: 1018–0140.
Form Number: FWS Forms 3–2358,
3–2360, 3–2405, 3–2439, and 3–2542.
Type of Review: Revision of a
currently approved collection.
Respondents/Affected Public:
Individuals and households.
Respondent’s Obligation: Required to
Obtain or Retain a Benefit.
Frequency of Collection: On occasion.
Estimated Annual Non-Hour Burden
Cost: None.
Annual number
of responses
Activity
Fish/Crab/Shrimp Application/Permit (Form 3–2358) ................................................
Harvest Reports (Forms 3–2360 and 3–2542 NEW) ................................................
Hunt Application/Permit (Form 3–2439) ....................................................................
Labeling/Marking Requirements ................................................................................
Required Notifications ................................................................................................
Self-Clearing Check-In Permit (Form 3–2405) ..........................................................
2,659
590,986
360,998
2,326
489
672,945
Totals ..................................................................................................................
1,630,403
The above burden estimates indicate
an expected total of 1,630,403 responses
and 264,847 burden hours across all of
our forms. These totals reflect expected
increases of 24,331 responses and 3,963
burden hours relative to our previous
information collection request. We
expect such burden increases as a direct
result of the increased number of
hunting and fishing opportunities on
Service stations under the rule.
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As part of our continuing effort to
reduce paperwork and respondent
burdens, and in accordance with 5 CFR
1320.8(d)(1), we invite the public and
other Federal agencies to comment on
any aspect of this revision to an existing
information collection, including:
(1) Whether or not the collection of
information is necessary for the proper
performance of the functions of the
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48847
Completion
time per
response
5
15
10
10
30
5
Total annual
burden hours
minutes
minutes
minutes
minutes
minutes
minutes
222
147,747
60,166
388
245
56,079
..............................
264,847
agency, including whether or not the
information will have practical utility;
(2) The accuracy of our estimate of the
burden for this collection of
information, including the validity of
the methodology and assumptions used;
(3) Ways to enhance the quality,
utility, and clarity of the information to
be collected; and
(4) Ways to minimize the burden of
the collection of information on those
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who are to respond, including through
the use of appropriate automated,
electronic, mechanical, or other
technological collection techniques or
other forms of information technology,
e.g., permitting electronic submission of
response.
On May 4, 2021, we published a
proposed rule (86 FR 23794) which
solicited comments on the information
collection requirements described in
this supporting statement for a period of
60 days, ending July 6, 2021. We
received no comments regarding the
information collection requirements in
response to the proposed rule.
This final rule is effective
immediately upon publication, for the
reasons set forth above under Effective
Date. We will, however, accept and
consider all public comments
concerning the information collection
requirements received in response to
this final rule. Send your written
comments and suggestions on this
information collection to the Service
Information Collection Clearance
Officer, U.S. Fish and Wildlife Service,
5275 Leesburg Pike, MS: PRB (JAO/3W),
Falls Church, VA 22041–3803 (mail); or
Info_Coll@fws.gov (email). Please
reference ‘‘OMB Control Number 1018–
0140’’ in the subject line of your
comments.
khammond on DSKJM1Z7X2PROD with RULES2
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 hatcheries, and prior to
implementing any new or revised public
recreation program on a station as
identified in 50 CFR 26.32. We have
completed section 7 consultations on
each of the affected stations.
National Environmental Policy Act
We analyzed this rule in accordance
with the criteria of the National
Environmental Policy Act of 1969
(NEPA; 42 U.S.C. 4332(C)), 43 CFR part
46, and 516 Departmental Manual (DM)
8.
A categorical exclusion from NEPA
documentation applies to publication of
amendments to station-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
rulemaking, we have complied with
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20:40 Aug 30, 2021
Jkt 253001
NEPA at the project level when
developing each action. 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 or
hatchery to the list of areas open to
hunting and fishing in 50 CFR parts 32
and 71, we develop hunting and fishing
plans for the affected stations. We
incorporate these station hunting and
fishing activities in the station
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, the Council on Environmental
Quality’s regulations for implementing
NEPA in 40 CFR parts 1500 through
1508, and the Department of Interior’s
NEPA regulations 43 CFR part 46. 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 stations at the
addresses provided below.
Available Information for Specific
Stations
Individual refuge and hatchery
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 or
hatchery, contact the appropriate
Service office for the States listed below:
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) 231–6203.
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) 248–6635.
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) 713–5476.
Alabama, Arkansas, Florida, Georgia,
Kentucky, Louisiana, Mississippi, North
Carolina, South Carolina, Tennessee,
Puerto Rico, and the Virgin Islands.
Regional Chief, National Wildlife Refuge
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System, U.S. Fish and Wildlife Service,
1875 Century Boulevard, Atlanta, GA
30345; Telephone (404) 679–7356.
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.
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)
236–4377.
Alaska. Regional Chief, National
Wildlife Refuge System, U.S. Fish and
Wildlife Service, 1011 E. Tudor Rd.,
Anchorage, AK 99503; Telephone (907)
786–3545.
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)
767–9241.
Primary Author
Christian Myers, Division of Natural
Resources and Conservation Planning,
National Wildlife Refuge System, is the
primary author of this rulemaking
document.
List of Subjects
50 CFR Part 32
Fishing, Hunting, Reporting and
recordkeeping requirements, Wildlife,
Wildlife refuges.
50 CFR Part 71
Fish, Fishing, Wildlife.
Signing Authority
The Assistant Secretary for Fish and
Wildlife and Parks approved this
document and authorized the
undersigned to sign and submit the
document to the Office of the Federal
Register for publication electronically as
an official document of the Department
of the Interior. Shannon Estenoz,
Assistant Secretary for Fish and Wildlife
and Parks, approved this document on
August 10, 2021, for publication.
Regulation Promulgation
For the reasons set forth in the
preamble, we amend title 50, chapter I,
subchapters C and E of the Code of
Federal Regulations as follows:
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SUBCHAPTER C—THE NATIONAL
WILDLIFE REFUGE SYSTEM
d. Redesignating paragraphs (c)(4)(iii)
through (v) as paragraphs (c)(4)(ii)
through (iv).
The addition and revisions read as
follows:
■
PART 32—HUNTING AND FISHING
1. The authority citation for part 32
continues to read as follows:
■
§ 32.20
Authority: 5 U.S.C. 301; 16 U.S.C. 460k,
664, 668dd–668ee, and 715i; Pub. L. 115–20,
131 Stat. 86.
2. Amend § 32.7 by:
a. Redesignating paragraphs (i)(6)
through (15) as paragraphs (i)(7) through
(16) and adding a new paragraph (i)(6);
■ b. Revising paragraph (s);
■ c. Removing paragraph (z)(17);
■ d. Redesignating paragraphs (z)(18)
through (25) as paragraphs (z)(17)
through (24);
■ e. Redesignating paragraphs (qq)(12)
through (14) as paragraphs (qq)(14)
through (16) and adding new paragraphs
(qq)(12) and (13); and
■ f. Redesignating paragraphs (tt)(5)
through (12) as paragraphs (tt)(7)
through (14) and adding new paragraphs
(tt)(5) and (6).
The additions and revision read as
follows:
■
■
§ 32.7 What refuge units are open to
hunting and/or sport fishing?
khammond on DSKJM1Z7X2PROD with RULES2
*
*
*
*
*
(i) * * *
(6) Florida Panther National Wildlife
Refuge.
*
*
*
*
*
(s) Maine. (1) Franklin Island National
Wildlife Refuge.
(2) Moosehorn National Wildlife
Refuge.
(3) Petit Manan National Wildlife
Refuge.
(4) Pond Island National Wildlife
Refuge.
(5) Rachel Carson National Wildlife
Refuge.
(6) Sunkhaze Meadows National
Wildlife Refuge.
(7) Umbagog National Wildlife
Refuge.
*
*
*
*
*
(qq) * * *
(12) Muleshoe National Wildlife
Refuge.
(13) Neches River National Wildlife
Refuge.
*
*
*
*
*
(tt) * * *
(5) Featherstone National Wildlife
Refuge.
(6) Fisherman Island National
Wildlife Refuge.
*
*
*
*
*
■ 3. Amend § 32.20 by:
■ a. Adding paragraph (c)(1);
■ b. Revising paragraphs (c)(2) and (3);
■ c. Removing paragraph (c)(4)(ii); and
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20:40 Aug 30, 2021
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Alabama.
*
*
*
*
*
(c) Choctaw National Wildlife
Refuge—(1) Migratory game bird
hunting. We allow hunting of duck,
light and dark geese, coot, and
merganser on designated areas of the
refuge subject to the following
conditions:
(i) We only allow migratory game bird
hunting during the Special Youth,
Veteran, and Active Military Personnel
Waterfowl Hunting Days determined by
the State. Regular waterfowl season
shooting hours, bag limits, and legal
arms and ammunition apply to the
special days.
(ii) You must remove all decoys, blind
materials, and harvested game from the
refuge (see § 27.93 of this chapter) by 1
p.m. each day.
(iii) Hunters may enter the refuge at
4 a.m. and must stop hunting at 12 p.m.
(noon) each day.
(iv) We allow the use of dogs for
retrieval of migratory birds.
(v) We allow the incidental take of
coyote, beaver, opossum, nutria,
raccoon, and feral hog during any refuge
hunt with the weapons legal for that
hunt, as governed by the State of
Alabama.
(2) Upland game hunting. We allow
hunting of squirrel and rabbit, and
incidental take of coyote, beaver,
raccoon, opossum, and nutria, on
designated areas of the refuge subject to
the following conditions:
(i) We prohibit leaving unattended
personal property, including, but not
limited to, boats or vehicles of any type,
geocaches, lumber, and cameras,
overnight on the refuge (see § 27.93 of
this chapter).
(ii) All persons age 15 or younger,
while hunting on the refuge, must be in
the presence and under direct
supervision of a licensed or exempt
hunter age 21 or older. A licensed
hunter supervising a youth must hold a
valid State license for the species being
hunted. One adult may supervise no
more than two youth hunters.
(iii) We allow the use of dogs when
hunting squirrel and rabbit.
(iv) Hunters may only hunt during
designated days and times.
(v) The condition set forth at
paragraph (c)(1)(v) of this section
applies.
(3) Big game hunting. We allow
hunting of white-tailed deer and
incidental take of feral hog subject to the
following conditions:
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48849
(i) The conditions set forth at
paragraphs (c)(1)(v), and (c)(2)(i) and (ii)
of this section apply.
(ii) Deer hunters may place one
portable stand or blind on the refuge for
use while deer hunting, but only during
the open deer season. The stand must be
clearly labeled with the hunter’s State
hunting license number. You may leave
the stand or blind on the refuge
overnight during the deer season.
(iii) While climbing a tree, installing
a tree stand that uses climbing aids, or
hunting from a tree stand on the refuge,
hunters must use a fall-arrest system
(full body harness) that is manufactured
to the Tree Stand Manufacturers
Association’s standards.
(iv) Deer hunts are archery only
except during the State Special
Opportunity Areas (SOA) hunt.
(v) The State SOA hunt will occur 4
days per year on the refuge as specified
by State SOA regulations.
(vi) Hunters must be selected for and
possess a State limited quota permit in
order to participate in the State SOA
hunt on the refuge.
(vii) We allow the use of
muzzleloaders only during the State
SOA hunt.
*
*
*
*
*
■ 4. Amend § 32.22 by:
■ a. Revising paragraphs (a)(1) through
(3), (b)(1)(iii), (c)(1)(i), (c)(2)
introductory text, (c)(3)(ii), and (e);
■ b. Adding paragraphs (h)(1)(iv) and
(v); and
■ c. Revising paragraphs (h)(2)(ii) and
(iii), and (h)(3)(ii).
The revisions and additions read as
follows:
§ 32.22
Arizona.
*
*
*
*
*
(a) * * * (1) Migratory game bird
hunting. We allow hunting of mourning
and white-winged dove on designated
areas of the refuge subject to the
following conditions:
(i) We allow only shotguns and
archery equipment for hunting.
(ii) We prohibit hunting within 50
yards (45 meters) of any road or trail
open to public use and within 1⁄4 mile
(402 meters) of any building.
(iii) You must remove boats,
equipment, temporary blinds, stands,
etc., at the end of each day’s activities
(see § 27.93 of this chapter).
(iv) Hunters may enter the refuge 1⁄2
hour before legal sunrise and must leave
the refuge no later than 1⁄2 hour after
legal sunset.
(2) Upland game hunting. We allow
hunting of Gambel’s quail, Eurasian
collared-dove, cottontail rabbit, coyote,
gray fox, and kit fox on designated areas
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of the refuge subject to the following
conditions:
(i) The conditions set forth at
paragraphs (a)(1)(i) through (iv) of this
section apply, except that we also allow
muzzleloading shotguns for cottontail
rabbit hunting.
(ii) We allow hunting of Gambel’s
quail in alignment with the State quail
season.
(iii) We allow hunting of cottontail
rabbit from September through February
aligning with the beginning of the State
dove season and the end of the State
quail season.
(iv) We allow hunting of Eurasian
collared-dove during the State mourning
and white-winged dove season.
(v) We prohibit night hunting from 1⁄2
hour after legal sunset until 1⁄2 hour
before legal sunrise the following day.
(3) Big game hunting. We allow
hunting of desert bighorn sheep and
javelina on designated areas of the
refuge subject to the following
conditions:
(i) The conditions set forth at
paragraphs (a)(1)(ii) through (iv) of this
section apply.
(ii) We allow the use of rifles,
muzzleloaders, and archery for desert
bighorn sheep hunting.
(iii) We allow shotguns shooting slugs
and archery equipment for javelina
hunting.
*
*
*
*
*
(b) * * *
(1) * * *
(iii) We allow the use of dogs when
hunting.
*
*
*
*
*
(c) * * *
(1) * * *
(i) We require hunters to obtain a
visitor access permit (Department of
Defense form/requirement) from the
refuge.
*
*
*
*
*
(2) Upland game hunting. We allow
hunting of Gambel’s quail, Eurasian
collared-dove, desert cottontail rabbit,
antelope jackrabbit and black-tailed
jackrabbit, coyote, bobcat, and kit and
gray fox in designated areas of the
refuge subject to the following
conditions:
*
*
*
*
*
(3) * * *
(ii) We require Special Use Permits for
all guides (FWS Form 3–1383–C), stock
animals (FWS Form 3–1383–G), and
bighorn sheep hunters (FWS Form 3–
1383–G).
*
*
*
*
*
(e) Havasu National Wildlife Refuge—
(1) Migratory game bird hunting. We
allow hunting of mourning and whitewinged dove, duck, American coot,
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common gallinule, goose, and snipe on
designated areas of the refuge subject to
the following conditions:
(i) We prohibit falconry.
(ii) We allow only shotguns,
crossbows, and archery equipment for
hunting.
(iii) You must remove all decoys,
boats, trash items, cameras, temporary
blinds, stands, and other equipment at
the end of each day’s activities (see
§§ 27.93 and 27.94 of this chapter).
(iv) We allow the use of dogs when
hunting.
(v) The following conditions apply to
Pintail Slough (Quota Hunt Area):
(A) We require a fee for Quota
waterfowl hunting.
(B) We limit the number of persons at
each waterfowl hunt blind or field to
four. Observers cannot hold shells or
guns for hunting unless in possession of
a valid State hunting license and
stamps.
(C) Waterfowl hunters must hunt
within the designated boundaries of
their assigned blind or field.
(D) You may use only native
vegetation or materials for making or
fixing hunt blinds.
(E) We allow waterfowl hunting on
Wednesdays, Saturdays, and Sundays.
Waterfowl hunting ends at 2 p.m. MST
(Mountain Standard Time). Hunters
must be out of the Pintail Slough area
by 3 p.m. MST.
(F) We allow dove hunting at the
Pintail Slough Quota Hunt Area outside
the general State waterfowl season.
(2) Upland game hunting. We allow
hunting of Gambel’s quail, cottontail
rabbit, Eurasian collared-dove, African
collared-dove, black-tailed jackrabbit,
bobcat, coyote, gray fox, and kit fox on
designated areas of the refuge subject to
the following conditions:
(i) The conditions set forth at
paragraphs (e)(1)(i) through (iv) of this
section apply, except that we also allow
pneumatic weapons, muzzleloaders,
and hand guns for upland game
hunting.
(ii) We prohibit night hunting from 1⁄2
hour after legal sunset until 1⁄2 hour
before legal sunrise the following day.
(iii) We allow hunting of Gambel’s
quail, cottontail rabbit, Eurasian
collared-dove, African collared-dove,
black-tailed jackrabbit, bobcat, coyote,
gray fox, and kit fox from September 1–
March 15.
(iv) We allow the incidental take of
Gambel’s quail, cottontail rabbit,
Eurasian collared-dove, African
collared-dove, black-tailed jackrabbit,
bobcat, coyote, gray fox, and kit fox in
the Pintail Slough Quota Hunt Area
during the general State waterfowl
season by hunters possessing a valid
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permit (FWS Form 3–2439) at their
designated waterfowl hunt blind or
field.
(3) Big game hunting. We allow
hunting of desert bighorn sheep and the
incidental take of feral hog on
designated areas of the refuge subject to
the following conditions:
(i) The conditions set forth at
paragraphs (e)(1)(i) and (iii) of this
section apply.
(ii) We allow only rifles for desert
bighorn sheep hunting.
(4) Sport fishing. We allow fishing on
designated areas of the refuge subject to
the following conditions:
(i) The condition set forth at
paragraph (e)(1)(iii) of this section
applies.
(ii) We prohibit overnight boat
mooring and shore anchoring unless
actively fishing, as governed by State
regulations.
*
*
*
*
*
(h) * * *
(1) * * *
(iv) You must remove all equipment,
cameras, temporary blinds, stands, etc.,
at the end of each day’s activities (see
§ 27.93 of this chapter).
(v) We allow Eurasian collared-dove
hunting only during mourning and
white-winged dove seasons.
(2) * * *
(ii) We prohibit night hunting from 1⁄2
hour after legal sunset until 1⁄2 hour
before legal sunrise the following day.
(iii) We allow quail hunting during
State seasons. For all other upland game
species, we only allow hunting when a
species season dates overlap with a
general or archery State deer or javelina
hunt season, except for youth-only
seasons.
(3) * * *
(ii) We allow hunting of black bear
only when the State season dates
overlap with a general or archery State
deer or javelina hunt season, except for
youth-only seasons.
*
*
*
*
*
■ 5. Amend § 32.23 by revising
paragraphs (a) through (f), and (i) to read
as follows:
§ 32.23
Arkansas.
*
*
*
*
*
(a) Bald Knob National Wildlife
Refuge—(1) Migratory game bird
hunting. We allow hunting of duck,
goose, coot, merganser, snipe,
woodcock, rail, gallinule, crow, and
dove on designated areas of the refuge
subject to the following conditions:
(i) We require a signed refuge hunting
permit (FWS Form 3–2439). Anyone on
the refuge in possession of hunting
equipment must sign and possess the
permit (FWS Form 3–2439) at all times.
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(ii) During the quota gun deer hunt,
we close the refuge to all other hunts
and public entry, unless the refuge is
closed to deer hunting at that time due
to implementation of State flood closure
zone regulations.
(iii) Hunters may enter the refuge
beginning at 4 a.m. Except when
hunting applicable goose species during
the State Conservation Order, waterfowl
hunters must exit the refuge by 1 p.m.
All other hunters, including those
hunting applicable goose species during
the State Conservation Order, must exit
the refuge no later than 1 hour after
legal sunset.
(iv) We allow waterfowl hunting until
12 p.m. (noon), except that during the
State Conservation Order, you may hunt
for applicable goose species until legal
sunset. Snipe, woodcock, rail, gallinule,
crow, and dove hunters may hunt until
legal sunset.
(v) When waterfowl hunting, you may
not possess more than 25 shotgun shells
while in the field, except that during the
State Conservation Order, there is no
limit on the number of shells you may
possess while hunting applicable goose
species.
(vi) We prohibit hunting closer than
100 yards (91 meters) to another hunter
or hunting party.
(vii) You must remove decoys, blinds,
boats, and all other equipment at the
end of each day’s hunt (see § 27.93 of
this chapter).
(viii) All hunters age 11 and younger
who possess valid hunter education
certification must remain within normal
sight and voice contact with an adult
age 18 or older who possesses a valid
State hunting license. Hunters age 15
and younger who have not completed
hunter education must be under the
direct supervision (within arm’s reach)
of an adult age 21 or older who
possesses a valid State hunting license.
One adult may supervise up to two
youth hunters for migratory bird and
upland game hunting, but may
supervise only one youth during big
game hunting.
(ix) We allow incidental take of
beaver, muskrat, nutria, river otter,
mink, bobcat, fox, striped skunk, and
coyote during any refuge hunt with the
weapons legal for that hunt, subject to
applicable State seasons and
regulations.
(x) We allow the use of dogs when
migratory game bird hunting.
(xi) We close the Waterfowl Sanctuary
Hunt Unit to all entry and hunting from
November 15 to February 28, except that
quota gun deer hunters may hunt in that
Unit when the season overlaps with
these dates.
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Jkt 253001
(xii) We allow waterfowl hunting
from mowed and/or graveled road
rights-of-way, but we prohibit all other
hunting from these rights-of-way.
(xiii) We allow only hunters to use
all-terrain vehicles (ATVs) and only
from September 1 through March 31,
except that during the State
Conservation Order, hunters may use
ATVs for hunting applicable goose
species.
(xiv) Hunters may use conventional
motor vehicles, ATVs, bicycles, and ebikes only on public use roads, levee
tops, designated ATV trails (open to
ATVs only), and established parking
lots not closed by a locked gate, other
barrier, or signage.
(xv) Hunters and anglers may use
conventional motor vehicles only in the
Bison, Waterfowl Sanctuary, and Core
Waterfowl Area Hunt Units and only
from March 1 through November 14.
(xvi) From November 15 through
February 28, we close the Core
Waterfowl Area Hunt Unit to all
hunting, fishing, and public entry at 1
p.m. daily, except that during the State
Conservation Order, you may hunt
applicable goose species in this Unit
until legal sunset.
(xvii) We prohibit the use of personal
watercraft (e.g., jet skis), airboats, and
hovercraft for hunting and fishing on
the refuge.
(2) Upland game hunting. We allow
hunting of squirrel, rabbit, quail,
raccoon, opossum, beaver, muskrat,
nutria, river otter, mink, bobcat, fox,
striped skunk, and coyote on designated
areas of the refuge subject to the
following conditions:
(i) The conditions set forth at
paragraphs (a)(1)(i), (ii), (viii), (ix), and
(xi) through (xvii) of this section apply.
(ii) Hunters may use shotguns, rifles
and handguns chambered for rimfire
cartridges, air rifles, and archery tackle.
(iii) We allow squirrel, rabbit,
opossum, raccoon, and quail hunting
according to season dates and bag limits
provided in the annual refuge public
use brochure.
(iv) We allow the use of dogs when
hunting upland game.
(v) Hunters may enter the refuge
beginning at 4 a.m. and must exit the
refuge by 1 hour after legal sunset,
except that we allow hunting of raccoon
and opossum at night (from 30 minutes
after legal sunset to 30 minutes before
legal sunrise) on the refuge.
(vi) We prohibit hunting from a
vehicle.
(3) Big game hunting. We allow
hunting of deer and turkey, and the
incidental take of feral hog, on
designated areas of the refuge subject to
the following conditions:
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48851
(i) The conditions set forth at
paragraphs (a)(1)(i), (ii), (viii), (ix), and
(xi) through (xvii), (2)(v), and (2)(vi) of
this section apply.
(ii) We allow archery/crossbow,
modern gun, and muzzleloader deer
hunting according to season dates and
bag limits provided in the annual refuge
public use brochure.
(iii) Turkey hunting will be conducted
in the Bison, Waterfowl Sanctuary, and
Mingo Creek Hunt Units according to
season dates and bag limits provided in
the annual refuge public use brochure.
(iv) Hunters may use only shotguns
with slugs, muzzleloaders, handguns
with barrel lengths greater than 4
inches, large-bore air rifles, and archery/
crossbow tackle for modern gun deer
hunting on the Bison, Core Waterfowl
Area, and Waterfowl Sanctuary Hunt
Units.
(v) You may erect portable stands and
blinds 7 days prior to the refuge deer
season and must remove them from the
waterfowl sanctuary prior to November
15, except for stands used by quota gun
deer hunters, which you must remove
by the last day of the quota gun deer
hunt (see § 27.93 of this chapter). You
must remove all stands on the
remainder of the refuge within 7 days of
the closure of archery season (see
§ 27.93 of this chapter).
(vi) We prohibit leaving any tree
stand, blind, or game camera on the
refuge without the owner’s Arkansas
Game and Fish Commission customer
identification number clearly written on
it in a conspicuous location.
(vii) We prohibit the possession or use
of lead shot and buckshot for deer
hunting. We allow lead shot for turkey
hunting.
(viii) During the quota gun deer hunt,
we allow only hunters possessing a
valid quota gun deer hunting permit
(FWS Form 3–2439) on the refuge and
only for the purposes of deer hunting
and the incidental take of allowable
species.
(ix) Hunters may only take feral hog
incidental to modern gun and
muzzleloader deer hunts and during
specified periods for archery deer
hunting according to season dates
provided in the annual refuge public
use brochure.
(x) We prohibit the use of dogs for
deer hunting.
(xi) During the quota turkey hunts,
only hunters possessing a valid quota
turkey hunting permit (FWS Form 3–
2439) will be allowed to enter the open
hunt units and only for the purposes of
turkey hunting.
(4) Sport fishing. We allow sport
fishing, frogging, and crawfishing on
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Federal Register / Vol. 86, No. 166 / Tuesday, August 31, 2021 / Rules and Regulations
designated areas of the refuge subject to
the following conditions:
(i) The conditions set forth at
paragraph (a)(1)(ii), (xi), (xv) through
(xvii), and (a)(3)(viii) and (xi) of this
section apply.
(ii) We prohibit the take or possession
of turtles and/or mollusks (see § 27.21 of
this chapter).
(iii) We allow fishing, frogging, and
crawfishing for personal use only. All
crawfish traps must have the owner’s
Arkansas Game and Fish Commission
license customer identification number
permanently affixed.
(iv) You may enter the refuge to fish,
frog, or crawfish beginning at 4 a.m. and
must exit by 1 hour after legal sunset.
(v) We prohibit tournament fishing on
the refuge.
(b) Big Lake National Wildlife Refuge.
(1) [Reserved]
(2) Upland game hunting. We allow
hunting of squirrel, rabbit, quail,
raccoon, nutria, coyote, beaver, muskrat,
river otter, mink, bobcat, fox, striped
skunk, and opossum on designated
areas of the refuge subject to the
following conditions:
(i) We require a signed refuge hunt
permit (FWS Form 3–2439). Anyone on
the refuge in possession of hunting
equipment must sign and possess the
permit (FWS Form 3–2439) at all times.
(ii) During the quota gun deer hunt,
we close the refuge to all other hunts
and public entry.
(iii) We allow incidental take of
nutria, beaver, muskrat, river otter,
mink, bobcat, fox, striped skunk, and
coyote during any refuge hunt with the
weapons legal for that hunt, subject to
applicable State seasons and
regulations.
(iv) We allow squirrel, rabbit, raccoon,
opossum, and quail hunting according
to season dates and bag limits provided
in the annual refuge public use
brochure.
(v) We allow the use of dogs only for
squirrel, rabbit, and quail hunting in the
refuge area north of Timm’s Point.
(vi) Hunters may only use shotguns,
rifles and handguns chambered for
rimfire cartridges, air rifles, and archery
tackle.
(vii) We prohibit hunting from mowed
and/or gravel road rights-of-way.
(viii) Hunters may enter the refuge
beginning at 4 a.m. and must exit the
refuge by 1 hour after legal sunset,
except that we allow hunting of raccoon
and opossum at night (from 30 minutes
after legal sunset to 30 minutes before
legal sunrise) on the refuge.
(ix) All hunters age 11 and younger
who possess valid hunter education
certification must remain within normal
sight and voice contact with an adult
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age 18 or older who possesses a valid
State hunting license. Hunters age 15
and younger who have not completed
hunter education must be under the
direct supervision (within arm’s reach)
of an adult age 21 or older who
possesses a valid State hunting license.
One adult may supervise up to two
youth hunters for upland game hunting,
but may supervise only one youth
during big game hunting.
(x) From November 1 to February 28,
we close all waterfowl sanctuaries to all
hunting and public entry.
(xi) Hunters and anglers may not
leave motor vehicles, bicycles, e-bikes,
or boats overnight on the refuge.
(xii) We only allow use of all-terrain
vehicles (ATVs) by hunters with
mobility-impairments, and the refuge
manager must authorize this use in
writing.
(xiii) Hunters and anglers may use
motor vehicles, bicycles, and e-bikes
only on public use roads not closed by
a locked gate, other barrier, or signage.
(xiv) From November 1 through
February 28, boat access is restricted to
launching at Seven Mile boat ramp and
using Ditch 28 only.
(xv) We prohibit the use of personal
watercraft (e.g., jet skis), airboats, and
hovercraft for hunting and fishing on
the refuge.
(xvi) We prohibit hunting from a
vehicle.
(3) Big game hunting. We allow
hunting of white-tailed deer, turkey, and
incidental take of feral hog on
designated areas of the refuge subject to
the following conditions:
(i) The conditions set forth at
paragraphs (b)(2)(i) through (iii), and
(vii) through (xvi) of this section apply.
(ii) We allow archery/crossbow,
modern gun, and muzzleloader deer
hunting according to season dates and
bag limits provided in the annual refuge
public use brochure.
(iii) Modern gun deer hunters may
only use shotguns with slugs,
muzzleloaders, handguns with barrel
lengths greater than 4 inches, large-bore
air rifles, and archery/crossbow tackle.
(iv) You may erect portable stands or
blinds 7 days prior to the refuge deer
season and must remove them 7 days
after the closure of archery season (see
§ 27.93 of this chapter).
(v) We prohibit leaving any tree stand,
blind, or game camera on the refuge
without the owner’s Arkansas Game and
Fish Commission customer
identification number clearly written on
it in a conspicuous location.
(vi) Hunters may only take feral hog
incidental to modern gun and
muzzleloader deer hunts and during a
specified period during archery deer
PO 00000
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hunting according to season dates
provided in the annual refuge public
use brochure.
(vii) We prohibit the possession or use
of lead shot or buckshot for deer
hunting. We allow lead shot for turkey
hunting.
(viii) Turkey hunting is conducted
according to season dates and bag limits
provided in the annual refuge public
use brochure.
(ix) During the quota gun deer hunts,
only hunters possessing a valid quota
gun deer permit (FWS Form 3–2439)
may use the refuge and only for the
purposes of deer hunting and the
incidental take of allowable species.
(x) During the quota gun turkey hunts,
we close the refuge Wildlife Auto Drive
Road to other hunting and public entry,
and only hunters possessing a valid
quota gun turkey permit (FWS Form 3–
2439) may use that area of the refuge
and only for the purposes of turkey
hunting.
(xi) We prohibit the use of dogs for
deer hunting.
(4) Sport fishing. We allow sport
fishing, frogging, and crawfishing on
designated areas of the refuge subject to
the following conditions:
(i) The conditions set forth at
paragraphs (b)(2)(ii), (x), (xi), (xii)
through (xv), and (b)(3)(ix) and (x) of
this section apply.
(ii) Anglers may launch boats only in
designated areas.
(iii) We allow frogging and
crawfishing for personal use only. All
crawfish traps must have the owner’s
Arkansas Game and Fish Commission
license customer identification number
permanently affixed.
(iv) We prohibit the take or possession
of turtles and/or mollusks (see § 27.21 of
this chapter).
(v) We allow fishing, frogging, and
crawfishing on all refuge waters from
March 1 through October 31.
(vi) We allow fishing in the Sand
Slough-Mud Slough area from
November 1 through February 28 only
with the use of nonmotorized boats and
electric trolling motors; anglers may
enter this area at 4 a.m. and must depart
by 1 hour after legal sunset.
(vii) We prohibit climbing onto or
fishing from any water control structure
and associated wingwalls and fences, or
the top of the Floodway Dam south of
Highway 18.
(viii) We prohibit tournament fishing
on the refuge.
(c) Cache River National Wildlife
Refuge—(1) Migratory game bird
hunting. We allow hunting of duck,
goose, coot, merganser, snipe,
woodcock, rail, gallinule, crow, and
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dove on designated areas of the refuge
subject to the following conditions:
(i) We require a signed refuge hunting
permit (FWS Form 3–2439). Anyone on
the refuge in possession of hunting
equipment must sign and possess the
permit (FWS Form 3–2439) at all times.
(ii) Hunters may enter the refuge
beginning at 4 a.m. Except when
hunting applicable goose species during
the State Conservation Order, waterfowl
hunters must exit the refuge by 1 p.m.
All other hunters, including those
hunting applicable goose species during
the State Conservation Order, must exit
the refuge no later than 1 hour after
legal sunset.
(iii) We allow waterfowl hunting until
12 p.m. (noon), except that during the
State Conservation Order, you may hunt
for applicable goose species until legal
sunset.
(iv) You must remove decoys, blinds,
boats, and all other equipment at the
end of each day’s hunt (see § 27.93 of
this chapter).
(v) From March 1 through October 31,
hunters and anglers may leave boats
displaying valid registration on the
refuge.
(vi) During the regular State waterfowl
hunting season, we prohibit the use of
boats on the refuge from 12 a.m.
(midnight) to 4 a.m.
(vii) We allow the use of dogs when
migratory game bird hunting.
(viii) We allow waterfowl hunting on
flooded refuge roads.
(ix) During the quota gun deer hunt,
we close the refuge to all other hunts
and public entry, unless the refuge is
closed to deer hunting at that time due
to implementation of State flood closure
zone regulations.
(x) All hunters age 11 and younger
who possess valid hunter education
certification must remain within normal
sight and voice contact with an adult
age 18 or older who possesses a valid
State hunting license. Hunters age 15
and younger who have not completed
hunter education must be under the
direct supervision (within arm’s reach)
of an adult age 21 or older who
possesses a valid State hunting license.
One adult may supervise up to two
youth hunters for migratory bird and
upland game hunting, but may
supervise only one youth during big
game hunting.
(xi) We allow incidental take of
beaver, muskrat, nutria, river otter,
mink, bobcat, fox, striped skunk, and
coyote during any refuge hunt with the
weapons legal for that hunt, subject to
applicable State season and regulations.
(xii) From November 15 to February
28, we close all waterfowl sanctuaries to
all hunting and public entry.
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(xiii) We allow only hunters to use
all-terrain vehicles (ATVs) and only
from September 1 through March 31,
except that during the State
Conservation Order, hunters may use
ATVs for hunting applicable goose
species.
(xiv) Hunters and anglers may not
operate conventional motor vehicles,
ATVs, bicycles, or e-bikes on any road
or trail closed by a locked gate, other
barrier, or signage.
(xv) Hunter and anglers may not leave
motor vehicles, ATVs, bicycles, or ebikes unattended overnight on the
refuge.
(xvi) We prohibit the use of personal
watercraft (e.g., jet skis), airboats, and
hovercraft for hunting and fishing on
the refuge.
(2) Upland game hunting. We allow
hunting of squirrel, rabbit, quail,
raccoon, opossum, beaver, muskrat,
nutria, river otter, mink, bobcat, fox,
striped skunk, and coyote on designated
areas of the refuge subject to the
following conditions:
(i) The conditions set forth at
paragraphs (c)(1)(i), (v), (vi), and (ix)
through (xvi) of this section apply.
(ii) We allow squirrel, rabbit, raccoon,
opossum, and quail hunting according
to season dates and bag limits provided
in the annual refuge public use
brochure.
(iii) We allow the use of dogs when
hunting upland game.
(iv) We prohibit hunting from mowed
and/or graveled road rights-of-way.
(v) Hunters may use only shotguns,
rifles and handguns chambered for
rimfire cartridges, air rifles, and archery
tackle.
(vi) Hunters may enter the refuge
beginning at 4 a.m. and must exit the
refuge by 1 hour after legal sunset,
except that we allow hunting of raccoon
and opossum at night (from 30 minutes
after legal sunset to 30 minutes before
legal sunrise) on the refuge.
(vii) We prohibit hunting from a
vehicle.
(3) Big game hunting. We allow
hunting of deer and turkey, and
incidental take of feral hog, on
designated areas of the refuge subject to
the following conditions:
(i) The conditions set forth at
paragraphs (c)(1)(i), (v), (vi), and (ix)
through (xvi), and (c)(2)(iv), (vi) and
(vii) of this section apply.
(ii) We allow archery/crossbow,
modern gun, and muzzleloader deer
hunting according to season dates and
bag limits provided in the annual refuge
public use brochure.
(iii) Hunters may take only feral hog
incidental to modern gun and
muzzleloader deer hunts and during a
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48853
specified period during archery deer
hunting according to season dates
provided in the annual refuge public
use brochure.
(iv) Hunters may only use shotguns
with slugs, muzzleloaders, handguns
with barrel lengths greater than 4
inches, large-bore air rifles, and archery/
crossbow tackle for modern gun deer
hunting on the Dixie, Dixie Waterfowl
Sanctuary, and Plunkett Farm
Waterfowl Sanctuary Hunt Units.
(v) You may erect portable stands or
blinds 7 days prior to the refuge deer
season, and you must remove them from
the waterfowl sanctuaries prior to
November 15, and from the rest of the
refuge within 7 days of the closure of
archery season (see § 27.93 of this
chapter).
(vi) We prohibit leaving any tree
stand, blind, or game camera on the
refuge without the owner’s Arkansas
Game and Fish Commission customer
identification number clearly written on
it in a conspicuous location.
(vii) We prohibit the possession or use
of lead shot and buckshot for deer
hunting. We allow lead shot for turkey
hunting.
(viii) During the quota gun deer hunt,
we allow only hunters possessing a
valid quota gun deer hunting permit
(FWS Form 3–2439) on the refuge and
only for the purposes of deer hunting
and the incidental take of allowable
species.
(ix) Turkey hunting will be conducted
in designated areas according to season
dates and bag limits provided in the
annual refuge public use brochure.
(x) We prohibit the use of dogs for
deer hunting.
(4) Sport fishing. We allow sport
fishing, frogging, and crawfishing on
designated areas of the refuge subject to
the following conditions:
(i) The conditions set forth at
paragraphs (c)(1)(v), (vi), (ix), (xii), (xiv)
through (xvi), and (c)(3)(viii) of this
section apply.
(ii) We prohibit the take or possession
of turtles and/or mollusks (see § 27.21 of
this chapter).
(iii) We allow frogging and
crawfishing for personal use only. All
crawfish traps must have the owner’s
Arkansas Game and Fish Commission
license customer identification number
permanently affixed.
(iv) We prohibit tournament fishing
on the refuge.
(d) Dale Bumpers White River
National Wildlife Refuge—(1) Migratory
game bird hunting. We allow hunting of
waterfowl (duck, goose, merganser, and
coot), dove, and woodcock on
designated areas of the refuge subject to
the following conditions:
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(i) We require an annual public use
permit (FWS Form 3–2439) to hunt,
fish, launch boats, and utilize
campgrounds.
(ii) We allow waterfowl hunting from
legal shooting hours until 12 p.m.
(noon).
(iii) We allow the use of dogs when
migratory game bird hunting.
(iv) We allow woodcock hunting
beginning December 1 until the end of
the State woodcock season on the North
Unit following State legal shooting
hours and bag limit.
(v) We prohibit goose hunting outside
the State duck season.
(vi) We allow dove hunting only
during the Statewide season in
September and October, as specified in
the refuge public use brochure.
(vii) You must remove blinds, blind
material, and decoys from the refuge by
1 p.m. each day (see § 27.93 of this
chapter).
(viii) Waterfowl hunters may enter the
North Unit, Jack’s Bay Hunt Area, and
Levee Hunt Area no earlier than 4 a.m.
on days hunting is allowed, as
identified in the refuge public use
brochure.
(ix) We prohibit boating from
November 1 to March 1 in the South
Unit Waterfowl Hunt Areas, except from
4 a.m. to 1 p.m. on designated waterfowl
hunt days.
(x) We allow waterfowl hunting on
outlying tracts; the conditions set forth
at paragraphs (d)(1)(ii), (vii), and (viii) of
this section apply.
(xi) We only allow all-terrain vehicles
(ATVs) for wildlife-dependent hunting
and fishing activities. We prohibit the
use of ATVs after December 15 each
year in designated South Unit areas as
shown in the refuge public use
brochure.
(xii) We allow incidental take of
beaver, coyote, and nutria during any
refuge hunt with the weapons legal for
that hunt, subject to applicable State
seasons and regulations.
(xiii) During refuge-wide quota
muzzleloader and quota gun deer hunts,
we close the refuge to all non-quota
hunting.
(xiv) All youth hunters age 15 and
younger must remain within sight and
normal voice contact of an adult age 21
or older who possesses a valid State
hunting license. One adult may
supervise no more than two youth
hunters.
(2) Upland game hunting. We allow
hunting of squirrel, rabbit, and all
furbearers (as governed by State law),
and the incidental take of beaver,
coyote, and nutria, on designated areas
of the refuge subject to the following
conditions:
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(i) The conditions set forth at
paragraphs (d)(1)(i), and (xi) through
(xiv) of this section apply.
(ii) We allow hunting of rabbit and
squirrel on the North Unit from
September 1 through January 31.
(iii) On the North Unit only, we allow
the use of dogs when hunting rabbit and
squirrel from December 1 through
January 31.
(iv) We allow rabbit and squirrel
hunting on the South Unit from
September 1 through November 30.
(v) We allow furbearer hunting. The
annual public use brochure provides
season dates and methods.
(vi) We allow the use of dogs for
hunting furbearers from legal sunset to
legal sunrise. Hunters must tether or
pen all dogs used for furbearer hunting
from legal sunrise to legal sunset and at
any time they are not involved in actual
hunting.
(3) Big game hunting. We allow the
hunting of white-tailed deer and turkey,
and the incidental take of feral hog, on
designated areas of the refuge subject to
the following conditions:
(i) The conditions set forth at
paragraphs (d)(1)(i), (ix), and (xi)
through (xiii) of this section apply.
(ii) Archery deer seasons on the North
Unit are from October 1 through January
31, except during quota muzzleloader
and quota gun deer hunts, when the
archery season is closed.
(iii) Archery deer seasons on the
South Unit are from October 1 through
December 31, except during quota
muzzleloader and quota gun deer hunts,
when the archery season is closed.
(iv) Muzzleloader season for deer will
begin in October and will continue for
a period of up to 3 days of quota
hunting in the North and South Units,
and no more than 4 days of non-quota
hunting in the North Unit.
(v) The gun deer hunt will begin in
November and will continue for a
period of no more than 3 days of quota
hunting in the North and South Units,
and no more than 2 days of non-quota
hunting in the North Unit.
(vi) We restrict hunt participants for
quota hunts to those drawn for a quota
permit (FWS Form 3–2439). The permits
are nontransferable and nonrefundable.
(vii) Hunters may only take feral hog
incidental to deer season dates
identified in the refuge public use
brochure.
(viii) We prohibit organized deer
drives. We define a ‘‘deer drive’’ as an
organized or planned effort to pursue,
drive, chase, or otherwise frighten or
cause deer to move in the direction of
any person(s) who is part of the
organized or planned hunt and known
to be waiting for the deer.
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(ix) We prohibit firearm deer hunting
from or across roads, ATV trails, levees,
and maintained utility rights-of-way.
(x) You may only use portable deer
stands and ground blinds. You may
erect stands or blinds up to 7 days
before each hunt, but you must remove
them within 7 days after each hunt (see
§ 27.93 of this chapter). All unattended
deer stands and blinds on the refuge
must have the owner’s State hunting
license number clearly displayed.
(xi) We close the Kansas Lake Area to
all entry on December 1 and reopen it
on March 1.
(xii) We prohibit the possession of
buckshot on the refuge.
(xiii) An adult age 21 or older
possessing a valid hunting license must
accompany and be within sight and
normal voice contact of hunters age 15
and younger. One adult may supervise
no more than one youth hunter.
(xiv) The annual refuge public use
brochure provides season dates and
methods for turkey hunting.
(4) Sport fishing. We allow sport
fishing, frogging, and crawfishing on
designated areas of the refuge subject to
the following conditions:
(i) The conditions set forth at
paragraphs (d)(1)(i) and (ix) of this
section apply.
(ii) We allow sport fishing in refugeowned waters as follows:
(A) We allow fishing year-round in:
(1) Big Island Chute, LaGrue, Essex,
Prairie, Scrubgrass, and Brooks Bayous;
(2) Moon and Belknap Lakes next to
Arkansas Highway 1;
(3) Indian Bay;
(4) Arkansas Post Canal and adjacent
drainage ditches;
(5) Borrow ditches located adjacent to
the west bank of that portion of the
White River Levee north of the Graham
Burke pumping station; and
(6) All waters in the refuge-owned
North Unit and scattered tracts.
(B) We open all other South Unit
refuge waters to sport fishing from
March 1 through November 30, unless
posted otherwise.
(iii) We allow frogging on all refugeowned waters open for sport fishing as
follows:
(A) We allow frogging on the South
Unit from the beginning of the State
season through November 30.
(B) We allow frogging on the North
Unit for the entire State season.
(iv) We prohibit all commercial and
recreational harvest of turtle on all
property administered by Dale Bumpers
White River National Wildlife Refuge
(see § 27.21 of this chapter).
(v) We prohibit take or possession of
any freshwater mussel (see § 27.21 of
this chapter), and we prohibit the
shelling of mussels on the refuge.
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(vi) Boats (16 feet or less) displaying
valid registration or Arkansas Game and
Fish Commission’s license customer
identification number may be left on the
refuge from March 1 through October
31.
(e) Felsenthal National Wildlife
Refuge—(1) Migratory game bird
hunting. We allow hunting of American
woodcock, duck, light and dark goose,
merganser, and coot on designated areas
of the refuge subject to the following
conditions:
(i) Hunters and anglers must possess
and carry a signed refuge public use
brochure while hunting or fishing.
(ii) Waterfowl hunters may enter the
refuge beginning at 4 a.m. We allow
waterfowl hunting until 12 p.m. (noon).
(iii) Hunters must remove decoys,
blinds, boats, and all other equipment
by 1 p.m. each day (see § 27.93 of this
chapter).
(iv) We close areas of the refuge
posted with ‘‘Area Closed’’ signs and
identify them on the refuge public use
brochure map as a waterfowl sanctuary.
We close waterfowl sanctuaries to all
public entry and public use from
November 15 to February 15.
(v) We allow hunting of duck, light
and dark goose, merganser, and coot
during the State waterfowl season
except during scheduled refuge quota
gun deer hunts.
(vi) We allow American woodcock
hunting during the State season except
during scheduled refuge quota hunts.
Woodcock hunters may enter the refuge
beginning at 4 a.m. and must exit by 1
hour after legal sunset.
(vii) All youth hunters age 15 and
younger must remain within sight and
normal voice contact of an adult age 21
or older who possesses a valid State
hunting license. One adult may
supervise no more than two youth
hunters.
(viii) We allow only all-terrain
vehicles/utility-type vehicles (ATVs/
UTVs) for hunting and fishing activities
according to regulations provided in the
refuge public use brochure.
(ix) You may use bikes, horses, and
mules on roads and ATV/UTV trails
(when open to motor vehicle and ATV/
UTV traffic, respectively) as a mode of
transportation for hunting and fishing
activities on the refuge except during
the quota deer hunts.
(x) We prohibit hunting within 150
feet (45 meters) of roads, pipelines, and
trails open to motor vehicle use
(including ATV/UTV trails).
(xi) We allow the incidental take of
beaver, nutria, and coyote during any
daytime refuge hunt with weapons and
ammunition allowed for that hunt.
There is no bag limit.
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(xii) We allow the use of dogs when
hunting.
(2) Upland game hunting. We allow
hunting of quail, squirrel, rabbit,
raccoon, and opossum (as governed by
State law), and incidental take of beaver,
nutria, and coyote, on designated areas
of the refuge subject to the following
conditions:
(i) The conditions set forth at
paragraphs (e)(1)(i), (iv), and (vii)
through (xi) of this section apply.
(ii) We allow hunting for quail,
squirrel, rabbit, raccoon, and opossum
on the refuge during State seasons
through January 31. We close upland
game hunting during refuge quota gun
deer hunts.
(iii) We do not open for the spring
squirrel hunting season, or for the
summer/early fall raccoon hunting
season.
(iv) We allow the use of dogs for
squirrel and rabbit hunting from
December 1 through January 31, and for
quail and raccoon/opossum hunting
during the open season on the refuge for
these species.
(3) Big game hunting. We allow
hunting of white-tailed deer and turkey,
and incidental take of feral hog, on
designated areas of the refuge subject to
the following conditions:
(i) The conditions set forth at
paragraphs (e)(1)(i), (iv), and (viii)
through (xi) of this section apply.
(ii) We allow archery deer hunting on
the refuge from the opening of the State
season through January 31, except
during refuge deer quota hunts.
(iii) We allow muzzleloader and
modern gun deer hunting during
designated times and seasons, within
specified State seasons as listed in the
refuge public use brochure.
(iv) Total deer harvested refuge-wide
is two deer (two does, or one buck and
one doe, as governed by State law)
regardless of method. A doe must be
harvested before a buck.
(v) We prohibit buckshot for modern
gun deer hunting.
(vi) You may only use portable deer
stands erected no earlier than the
opening day of archery season, and you
must remove them no later than January
31 each year (see § 27.93 of this
chapter).
(vii) We prohibit the use of deer
decoy(s).
(viii) Turkey hunting (Archery, Youth,
and Quota) will be conducted during
designated times and seasons, within
specified State seasons as listed in the
refuge public use brochure.
(ix) We restrict quota hunt
participants to those selected for a quota
permit (FWS Form 3–2439), except that
one nonhunting adult age 21 or older
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48855
possessing a valid hunting license must
accompany the youth hunter age 15 and
younger.
(x) An adult age 21 or older
possessing a valid hunting license must
accompany and be within sight and
normal voice contact of hunters age 15
and younger. One adult may supervise
no more than one youth hunter.
(xi) We allow the use of one tree stand
or ground blind, and one game camera,
on the refuge if the owner’s State
hunting license number is clearly
written on them in a conspicuous
location.
(xii) We restrict hunt participants for
quota hunts to those drawn for a quota
permit (FWS Form 3–2439). These
permits are nontransferable, and the
permit fees are nonrefundable.
(xiii) The incidental taking of feral
hogs will be governed by Arkansas
Game and Fish Commission regulations
concerning the taking of feral hogs on
State Wildlife Management Areas
(WMAs). Subject to State regulations,
we allow incidental take of feral hogs
during daytime refuge deer quota hunts
(without the use of dogs) and during a
specified period during archery deer
hunting with legal hunting equipment
and ammunition allowed for those
hunts according to the season dates
provided in the refuge public use
brochure. There is no bag limit.
(4) Sport fishing. We allow sport
fishing, frogging, and crawfishing on
designated areas of the refuge subject to
the following conditions:
(i) The conditions set forth at
paragraphs (e)(1)(i), (iii), (iv), (viii), and
(ix) of this section apply.
(ii) We prohibit fishing in the
waterfowl sanctuary area when the
sanctuary is closed, with the exception
of the main channel of the Ouachita and
Saline Rivers and the borrow pits along
Highway 82. We post the waterfowl
sanctuary area with ‘‘Area Closed’’ signs
and identify those areas in refuge hunt
brochures.
(iii) During the refuge quota gun deer
hunts, we allow fishing only in areas
accessible from the Ouachita and Saline
Rivers and from Eagle, Jones, and
Pereogeethe Lakes.
(iv) You must move or remove
trotlines when receding water levels
expose them.
(v) We allow frogging and crawfishing
for personal use only during designated
times and seasons, within specified
State seasons as listed in the refuge
public use brochure.
(vi) We prohibit the take or possession
of turtles and/or mollusks (see § 27.21 of
this chapter).
(f) Holla Bend National Wildlife
Refuge. (1) [Reserved]
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(2) Upland game hunting. We allow
hunting of squirrel, rabbit, quail,
raccoon, opossum, beaver, muskrat,
nutria, river otter, mink, fox, striped
skunk, coyote, and bobcat on designated
areas of the refuge subject to the
following conditions:
(i) We require a signed refuge hunting
permit (FWS Form 3–2439). Anyone on
the refuge in possession of hunting
equipment must sign and possess the
permit (FWS Form 3–2439) at all times.
(ii) We allow squirrel, rabbit, raccoon,
opossum, and quail hunting according
to season dates and bag limits provided
in the annual refuge public use
brochure.
(iii) We only allow use of all-terrain
vehicles (ATVs) by hunters and anglers
with mobility impairments, and the
refuge manager must authorize this use
in writing.
(iv) Hunters and anglers may use
boats in designated areas and at times
provided in the annual refuge public
use brochure.
(v) All hunters age 11 and younger
who possess valid hunter education
certification must remain within normal
sight and voice contact with an adult
age 18 or older who possesses a valid
State hunting license. Hunters age 15
and younger who have not completed
hunter education must be under the
direct supervision (within arm’s reach)
of an adult age 21 or older who
possesses a valid State hunting license.
One adult may supervise up to two
youth hunters for upland game hunting,
but may supervise only one youth
during big game hunting.
(vi) During the quota youth gun deer
and turkey hunts, we close the refuge to
all other hunting and public entry.
(vii) We allow incidental take of
beaver, muskrat, nutria, river otter,
mink, bobcat, fox, striped skunk, and
coyote during any refuge hunt with the
weapons legal for that hunt, subject to
applicable State seasons and
regulations.
(viii) Hunters and anglers may use
bicycles and e-bikes only on public use
roads and designated trails not closed
by a locked gate, other barrier, or
signage.
(ix) During the mentored youth
squirrel and rabbit hunts, the mentoring
adult may supervise up to two hunting
youths. Youth hunters may only use
shotguns, rifles and handguns
chambered for rimfire cartridges, air
rifles, and archery tackle. We prohibit
adults from hunting during mentored
hunts.
(x) Hunters must enter and exit the
refuge from designated roads and
parking lots only.
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(xi) We limit raccoon and opossum
hunting to nighttime hunting only.
(xii) Hunter and anglers may not leave
motor vehicles, bicycles, e-bikes, or
boats unattended overnight on the
refuge.
(xiii) We prohibit hunting from a
vehicle.
(xiv) We prohibit the use of personal
watercraft (e.g., jet skis), airboats, and
hovercraft for hunting and fishing on
the refuge.
(3) Big game hunting. We allow
hunting of deer, black bear, and turkey
on designated areas of the refuge subject
to the following conditions:
(i) The conditions set forth at
paragraphs (f)(2)(i), (iii) through (viii),
(x), and (xii) through (xiv) of this section
apply.
(ii) We allow archery/crossbow
hunting for white-tailed deer and turkey
according to season dates and bag limits
provided in the annual refuge public
use brochure.
(iii) Youth modern gun deer hunts
will be conducted according to season
dates and bag limits provided in the
refuge public use brochure.
(iv) We allow the take of black bear
incidental to refuge archery and modern
gun deer hunts subject to applicable
State seasons and regulations.
(v) The refuge will conduct youthonly quota spring gun turkey hunts
according to season dates and bag limits
provided in the refuge public use
brochure.
(vi) You may erect portable stands or
blinds 7 days before the start of the
season, and you must remove them from
the refuge within 7 days after the season
ends (see § 27.93 of this chapter).
(vii) We prohibit leaving any tree
stand, blind, or game camera on the
refuge without the owner’s Arkansas
Game and Fish Commission customer
identification number clearly written on
it in a conspicuous location.
(viii) We prohibit organized drives.
We define a ‘‘drive’’ as an organized or
planned effort to pursue, drive, chase, or
otherwise frighten or cause game to
move in the direction of any person(s)
who is part of the organized or planned
hunt and known to be waiting for the
game.
(ix) You must check all harvested
turkey, bear, and deer at the refuge
check station.
(x) We prohibit the use of dogs for
deer hunting.
(xi) Big game hunters may enter the
refuge 1 hour before legal sunrise and
must exit by 1 hour after legal sunset.
(4) Sport fishing. We allow sport
fishing, frogging, and crawfishing on
designated areas of the refuge subject to
the following conditions:
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(i) The conditions set forth at
paragraphs (f)(2)(iii), (iv), (vi), (viii),
(xii), and (xiv) of this section apply.
(ii) We allow fishing, frogging, and
crawfishing on all waters only from
March 1 through October 31 from legal
sunrise to legal sunset.
(iii) Anglers must remove boats from
the refuge at the end of each day’s
fishing activity (see § 27.93 of this
chapter).
(iv) We prohibit the take or possession
of turtles and/or mollusks (see § 27.21 of
this chapter).
(v) We allow frogging and crawfishing
for personal use only. All crawfish traps
must have the owner’s Arkansas Game
and Fish Commission license customer
identification number permanently
affixed.
(vi) We prohibit access to refuge
waters and land from the Arkansas
River.
(vii) We limit trotlines, setline,
limblines, yo-yo and free-floating
fishing devices to 20 per person; any
line that extends into the water must be
cotton.
(viii) Trotlines, setlines, limblines, yoyos, and free-floating fishing devices
must be clearly labelled with the
angler’s Arkansas Game and Fish
Commission license customer
identification number, and cannot be
left overnight or unattended.
*
*
*
*
*
(i) Wapanocca National Wildlife
Refuge. (1) [Reserved]
(2) Upland game hunting. We allow
hunting of squirrel, rabbit, raccoon,
nutria, beaver, coyote, quail, muskrat,
river otter, mink, bobcat, fox, striped
skunk, and opossum on designated
areas of the refuge subject to the
following conditions:
(i) We require a signed refuge hunting
permit (FWS Form 3–2439). Anyone on
the refuge in possession of hunting
equipment must sign and possess the
permit (FWS Form 3–2439) at all times.
(ii) Hunters may enter the refuge at 4
a.m. and must leave the refuge no later
than 1 hour after legal sunset, except
that we allow hunting of raccoon and
opossum at night on the refuge.
(iii) During the quota gun hunts, we
close the refuge to all other hunts and
public entry.
(iv) We allow squirrel, rabbit, raccoon,
opossum, and quail hunting according
to season dates and bag limits provided
in the annual refuge public use
brochure.
(v) We allow the incidental take of
nutria, beaver, muskrat, river otter,
mink, bobcat, fox, striped skunk, and
coyote during any refuge hunt with the
weapons allowed for that hunt, subject
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to applicable State seasons and
regulations.
(vi) Hunters may use only shotguns,
rifles and handguns chambered for
rimfire cartridges, air rifles, and archery
tackle.
(vii) We prohibit hunting from mowed
and/or gravel road rights-of-way.
(viii) All hunters age 11 and younger
who possess valid hunter education
certification must remain within normal
sight and voice contact with an adult
age 18 or older who possesses a valid
State hunting license. Hunters age 15
and younger who have not completed
hunter education must be under the
direct supervision (within arm’s reach)
of an adult age 21 or older who
possesses a valid State hunting license.
One adult may supervise up to two
youth hunters for upland game hunting,
but may supervise only one youth
during big game hunting.
(ix) From December 1 to February 28,
we close all waterfowl sanctuaries
(including Wapanocca Lake) to all
hunting and public entry.
(x) We prohibit the use of all-terrain
vehicles (ATVs), except that ATVs may
be used by mobility-impaired hunters
possessing written authorization issued
by the refuge manager.
(xi) Hunters and anglers may use
motor vehicles, bicycles, and e-bikes
only on public use roads not closed by
a locked gate, other barrier, or signage.
(xii) Hunters and anglers must use the
public boat ramp on Highway 77 to
launch motorized boats into Wapanocca
Lake.
(xiii) Hunters and anglers must
operate boats at speeds of less than 5
miles per hour between the Highway 77
boat launch and the open lake.
(xiv) We prohibit the use of personal
watercraft (e.g., jet skis), airboats, and
hovercraft for hunting and fishing on
the refuge.
(xv) Hunter and anglers may not leave
motor vehicles, bicycles, e-bikes, or
boats unattended overnight on the
refuge.
(xvi) We prohibit hunting from a
vehicle.
(xvii) The Round Pond and Pygmon
Units in St. Francis County are subject
to all regulations for hunting and fishing
for Wapanocca NWR.
(3) Big game hunting. We allow
hunting of white-tailed deer and turkey,
and incidental take of feral hog, on
designated areas of the refuge subject to
the following conditions:
(i) The conditions set forth at
paragraphs (i)(2)(i) through (iii), (v), and
(vii) through (xvii) of this section apply.
(ii) During the quota gun deer hunts,
we allow only hunters possessing a
valid quota gun deer hunting permit
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(FWS Form 3–2439) on the refuge and
only for the purposes of deer hunting
and the incidental take of allowable
species.
(iii) You may erect portable stands or
blinds 7 days prior to the refuge deer
season, and you must remove them from
the waterfowl sanctuaries by December
1 (see § 27.93 of this chapter). You must
remove all stands and blinds on the
remainder of the refuge within 7 days of
the closure of archery season (see
§ 27.93 of this chapter).
(iv) We allow portable tree stands,
blinds, and game cameras on the refuge
only if the owner’s Arkansas Game and
Fish Commission customer
identification number is clearly written
on them in a conspicuous location.
(v) We allow archery/crossbow,
muzzleloader, and modern gun deer
hunting according to season dates and
bag limits provided in the annual refuge
public use brochure.
(vi) Hunters may only use shotguns
with slugs, muzzleloaders, handguns
with barrel lengths longer than 4 inches,
large-bore air rifles, and archery/
crossbow tackle for modern gun deer
hunting.
(vii) Hunters may only take feral hog
incidental to modern gun and
muzzleloader deer hunts and during a
specified period during archery deer
hunting according to season dates
provided in the annual refuge public
use brochure.
(viii) The annual refuge public use
brochure provides season dates and bag
limits for turkey hunting.
(ix) We prohibit the possession or use
of lead shot or buckshot for deer
hunting. We allow lead shot for turkey
hunting.
(x) We prohibit the use of dogs for
deer hunting.
(4) Sport fishing. We allow sport
fishing, frogging, and crawfishing on
designated areas of the refuge subject to
the following conditions:
(i) The conditions set forth at
paragraphs (i)(2)(iii), (ix), (x) through
(xv), and (xvii), and (i)(3)(ii) of this
section apply.
(ii) From March 1 through November
30, we allow fishing, frogging, and
crawfishing on all refuge waters. From
December 1 through February 28, we
allow bank fishing only on Woody Pond
and other non-waterfowl sanctuary
areas.
(iii) Anglers, including those frogging
and crawfishing, may enter the refuge at
4 a.m. and must leave the refuge no later
than 1 hour after legal sunset.
(iv) We prohibit the take or possession
of turtles and/or mollusks (see § 27.21 of
this chapter).
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(v) Anglers may launch boats only in
designated areas.
(vi) We allow fishing, frogging, and
crawfishing for personal use only. All
crawfish traps must have the owner’s
Arkansas Game and Fish Commission
license customer identification number
permanently affixed.
(vii) We prohibit tournament fishing.
*
*
*
*
*
■ 6. Amend § 32.24 by:
■ a. In paragraph (e)(1)(ii), in the first
sentence, removing the word ‘‘A8N’’
and adding in its place the word ‘‘A8’’;
and
■ b. Revising paragraphs (e)(1)(vii) and
(i)(1) introductory text to read as
follows:
§ 32.24
California.
*
*
*
*
*
(e) * * *
(1) * * *
(vii) You may not possess more than
25 shot shells while in the field once
you have left your assigned parking lot
for Ponds AB1, A2E, AB2, A3N, A3W,
A5, A7, and A8, and the Ravenswood
Unit.
*
*
*
*
*
(i) * * *
(1) Migratory game bird hunting. We
allow hunting of goose, duck, coot,
snipe, and moorhen on designated areas
of the refuge subject to the following
conditions:
*
*
*
*
*
■ 7. Amend § 32.27 by revising
paragraphs (a)(1)(ii) and (b)(1)(ii) to read
as follows:
§ 32.27
Delaware.
*
*
*
*
*
(a) * * *
(1) * * *
(ii) You must complete and return a
Harvest Report (FWS Form 3–2542),
available at the refuge administration
office or on the refuge’s website, within
15 days of the close of the season.
*
*
*
*
*
(b) * * *
(1) * * *
(ii) You must complete and return a
Harvest Report (FWS Form 3–2542),
available at the refuge administration
office or on the refuge’s website, within
15 days of the close of the season.
*
*
*
*
*
■ 8. Amend § 32.28 by:
■ a. Revising paragraphs (e)(1) through
(3);
■ b. Redesignating paragraphs (f)
through (o) as paragraphs (g) through
(p);
■ c. Adding a new paragraph (f); and
■ d. Revising newly redesignated
paragraphs (j)(2)(i), (j)(3)(i), (j)(3)(vii),
(k)(1)(x), (n)(3)(ii), (iv), and (viii).
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The revisions and addition read as
follows:
§ 32.28
Florida.
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*
*
*
*
*
(e) * * * (1) Migratory game bird
hunting. We allow hunting of migratory
game birds and the incidental take of
nonnative wildlife as defined by the
State on designated areas of the refuge
in accordance with State regulations
and applicable State Wildlife
Management Area regulations.
(2) Upland game hunting. We allow
upland game hunting and the incidental
take of nonnative wildlife as defined by
the State on designated areas of the
refuge in accordance with State
regulations and applicable State
Wildlife Management Area regulations.
(3) Big game hunting. We allow big
game hunting and the incidental take of
nonnative wildlife as defined by the
State on designated areas of the refuge
in accordance with State regulations
and applicable State Wildlife
Management Area regulations.
*
*
*
*
*
(f) Florida Panther National Wildlife
Refuge. (1)–(2) [Reserved]
(3) Big game hunting. We allow
hunting of turkey on designated areas of
the refuge subject to the following
conditions:
(i) We require a valid Florida Panther
National Wildlife Refuge Big Game
Quota Hunt Permit purchased through
the Florida Fish and Wildlife
Conservation Commission. The quota
hunt permit is a limited entry quota
permit, and is nontransferable.
(ii) You must have a valid signed
Florida Panther NWR turkey hunt
brochure, which is free and nontransferrable.
(iii) Each Big Game Quota Hunt
Permit is issued for the take of 1
bearded turkey. A family hunt/camp
experience permit is issued for take of
2 bearded turkeys.
(iv) We allow bows, crossbows, PCP
air guns propelling a bolt or arrow, and
shotguns using #2 or smaller shot size.
(v) We require an adult, age 18 or
older, to supervise hunters age 15 and
younger. The adult must remain within
sight and normal voice contact of the
youth hunter.
(vi) Hunters possessing a valid Big
Game Quota Hunt Permit purchased
through the Florida Fish and Wildlife
Conservation Commission may access
the refuge no earlier than 2 hours before
legal sunrise and must leave the refuge
no later than legal sunset. Hunters
possessing a valid family hunt/camp
experience permit may remain on the
refuge overnight.
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(vii) We allow hunting from 1⁄2 hour
before legal sunrise until 1 p.m.
(viii) We allow only federally
approved nontoxic shot (see § 32.2(k)).
(ix) We only allow permitted hunters
participating in the limited entry quota
hunt to operate off-road vehicles
(swamp buggies, all-terrain/utility-type
vehicles) on designated roads, trails,
and firebreaks.
(x) We allow hunters with permits to
scout 7 days prior to the individual’s
permitted hunt.
(4) Sport fishing. We allow fishing on
designated areas of the refuge subject to
the following conditions:
(i) We allow fishing from legal sunrise
to legal sunset.
(ii) We only allow hook and line. We
prohibit snatch hooks, cast nets, seines,
trotlines, jugs, and yo-yos.
*
*
*
*
*
(j) * * *
(2) * * *
(i) The conditions set forth at
paragraphs (j)(1)(i) through (viii) of this
section apply.
*
*
*
*
*
(3) * * *
(i) The conditions set forth at
paragraphs (j)(1)(i) through (viii) of this
section apply.
*
*
*
*
*
(vii) Hunters must fill out a Harvest
Report (FWS Form 3–2542) and check
all game harvested during all deer and
hog hunts.
*
*
*
*
*
(k) * * *
(1) * * *
(x) You must stop at a posted refuge
waterfowl check station and report
statistical hunt information on the
Harvest Report (FWS Form 3–2542) to
refuge personnel.
*
*
*
*
*
(n) * * *
(3) * * *
(ii) The conditions set forth at
paragraphs (n)(2)(ii) and (iv) through
(vii) of this section apply.
*
*
*
*
*
(iv) There is a two deer limit per hunt,
as specified at paragraph (n)(3)(vi) of
this section, except during the youth
hunt, when the limit is as specified at
paragraph (n)(3)(vii) of this section. The
limit for turkey is one per hunt.
*
*
*
*
*
(viii) Mobility-impaired hunters may
have an assistant accompany them. You
may transfer permits (State-issued
permit) issued to the hunter to
assistants. We limit those hunt teams to
harvesting white-tailed deer and feral
hog within the limits provided at
paragraph (n)(3)(vi) of this section.
*
*
*
*
*
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9. Amend § 32.29 by revising
paragraph (e)(3) to read as follows:
■
§ 32.29
Georgia.
*
*
*
*
*
(e) * * *
(3) Big game hunting. We allow
hunting of white-tailed deer and turkey,
and the incidental take of coyote,
armadillo, and feral hog, on designated
areas of the refuge subject to the
following conditions:
(i) We require a signed refuge hunt
permit (FWS Form 3–2439) for all
hunters age 16 and older. Hunters must
sign the permit and carry it with them
at all times when hunting.
(ii) Each hunter may place one stand
on the refuge during the week preceding
each hunt, but must remove the stand
by the end of each hunt (see § 27.93 of
this chapter).
(iii) We prohibit hunting within 100
yards (91 meters) of Harris Neck Road,
the refuge entrance drive, Visitor
Contact Station/Office, Barbour River
Landing, Barbour River Road, or Gould’s
Cemetery.
(iv) We require hunters to check-in
and check-out each hunt day. We
require personal identification to checkin and check-out.
(v) We require hunters to check all
harvested game at the check station
before leaving the refuge each day.
(vi) Hunters may take five deer (no
more than two antlered), and we will
issue State bonus tags for two of these.
(vii) During the gun hunt, we allow
only shotguns (20 gauge or larger),
muzzleloaders, bows, air rifles (.30
caliber or larger), and air bows, as
governed by State regulations. We
prohibit the use of centerfire rifles.
(viii) We allow the incidental take of
armadillo, feral hog, and coyote during
any refuge hunt with the weapons legal
for that hunt, subject to applicable State
seasons and regulations. There is no bag
limit for these species.
(ix) The turkey hunt is a youth-only,
archery hunt limited to 2 days per year.
To participate in the turkey hunt, youth
must complete an application (FWS
Form 3–2439), submit the completed
application to the refuge, and be
selected by lottery. Each youth hunter
selected by lottery to participate in the
turkey hunt must possess a free signed
refuge hunt brochure while hunting.
*
*
*
*
*
■ 10. Amend § 32.31 by:
■ a. Revising paragraphs (b)(1) and (2);
■ b. Adding paragraph (b)(3); and
■ c. Revising paragraph (e)(4).
The revisions and addition read as
follows:
§ 32.31
*
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Federal Register / Vol. 86, No. 166 / Tuesday, August 31, 2021 / Rules and Regulations
(b) * * * (1) Migratory game bird
hunting. We allow hunting of duck,
goose, coot, snipe, and dove on
designated areas of the refuge subject to
the following conditions:
(i) We allow hunters to access the
refuge 1 hour before legal shooting time.
(ii) You may only use portable blinds
or construct temporary blinds of natural
vegetation. Blinds will be available for
general use on a first-come, first-served
basis. You must remove portable blinds,
decoys, and other personal property at
the end of each day’s hunt (see § 27.93
of this chapter).
(iii) We allow the use of dogs when
hunting.
(iv) You may take Eurasian collareddoves only during the State seasons for
migratory birds and upland game birds.
(2) Upland game hunting. We allow
hunting of pheasant, grouse, and
partridge on designated areas of the
refuge subject to the following
conditions:
(i) The condition set forth at
paragraph (b)(1)(iii) of this section
applies.
(ii) We allow hunters to access the
refuge 1⁄2 hour before legal shooting
time.
(iii) Hunters must wear a minimum of
36 square inches (232.3 square
centimeters) of blaze orange, and a blaze
orange head covering.
(3) Big game hunting. We allow
hunting of elk on designated areas of the
refuge subject to the following
conditions:
(i) The conditions set forth at
paragraphs (b)(2)(ii) and (iii) of this
section apply.
(ii) You must carry a signed copy of
the refuge hunting regulations and hunt
map (signed brochure) in the field while
hunting.
*
*
*
*
*
(e) * * *
(4) Sport fishing. We allow sport
fishing on designated areas of the refuge
subject to the following conditions:
(i) We allow bank fishing only.
(ii) We prohibit launching boats from,
and landing boats on, the banks of Deep
Creek.
*
*
*
*
*
■ 11. Amend § 32.32 by:
■ a. Revising paragraph (b)(4);
■ b. Removing paragraph (c)(1)(ii);
■ c. Redesignating paragraph (c)(1)(iii)
as paragraph (c)(1)(ii);
■ d. Revising paragraph (c)(2)(i);
■ e. Removing paragraphs (c)(4)(i), (v),
and (vi);
■ f. Redesignating paragraphs (c)(4)(ii)
through (iv) as paragraphs (c)(4)(i)
through (iii); and
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Jkt 253001
g. Revising paragraphs (f)(1) through
(3), (g)(2)(ii), (g)(3), (k)(2)(v), and
(k)(3)(i).
The revisions read as follows:
■
§ 32.32
Illinois.
*
*
*
*
*
(b) * * *
(4) Sport fishing. We allow sport
fishing on designated areas of the refuge
subject to the following conditions:
(i) On Crab Orchard Lake west of Wolf
Creek Road:
(A) Anglers may fish from boats all
year.
(B) Anglers must remove all trotlines/
jugs from legal sunrise until legal sunset
from the Friday immediately prior to
Memorial Day through Labor Day.
(ii) On Crab Orchard Lake east of Wolf
Creek Road:
(A) Anglers may fish from boats
March 1 through October 15.
(B) Anglers may fish all year at the
Wolf Creek and Route 148 causeways.
(iii) On A–41 and Bluegill Ponds:
(A) Anglers may fish only from legal
sunrise to legal sunset from March 1
through October 15.
(B) We prohibit anglers from using
gas-powered boats.
(iv) On Managers, Honkers, and
Visitors Ponds:
(A) Anglers may fish all year from
legal sunrise to legal sunset.
(B) We prohibit anglers from using
gas-powered boats.
(v) Trotlines/jugs:
(A) We prohibit the use of trotlines/
jugs on all refuge waters outside of Crab
Orchard Lake.
(B) We prohibit the use of trotlines/
jugs with any flotation device that has
previously contained any petroleumbased material or toxic substances.
(C) Anglers must attach a buoyed
device that is visible on the water’s
surface to all trotlines.
(vi) Anglers may use all legal
noncommercial fishing methods, except
they may not use any underwater
breathing apparatus.
(vii) Anglers may not submerge any
poles or similar objects to take or locate
any fish.
(viii) Organizers of all fishing events
must possess a Special Use Permit (FWS
Form 3–1383–G or FWS Form 3–1383–
C).
(ix) We prohibit anglers from fishing
within 250 yards (228 meters) of an
occupied waterfowl hunting blind.
(x) Specific creel and size limits apply
on various refuge waters as listed in the
Crab Orchard fishing brochure and the
annual Illinois fishing digest.
(c) * * *
(2) * * *
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(i) The conditions set forth at
paragraphs (c)(1)(i) and (ii) of this
section apply.
*
*
*
*
*
(f) * * * (1) Migratory game bird
hunting. We allow hunting of migratory
game birds on designated areas of the
refuge subject to the following
conditions:
(i) You must remove personal
belongings, including, but not limited
to, all boats, decoys, blinds, blind
materials, stands, and platforms brought
onto the refuge at the end of each day’s
hunt (see §§ 27.93 and 27.94 of this
chapter).
(ii) Hunters may enter the refuge no
earlier than 1⁄2 hour before legal
shooting hours and must exit the refuge
no later than 1⁄2 hour after legal shooting
hours.
(2) Upland game hunting. We allow
upland game and turkey hunting on
designated areas of the refuge subject to
the following conditions:
(i) The conditions set forth at
paragraphs (f)(1)(i) and (ii) of this
section apply.
(ii) For hunting, you may use or
possess only approved nontoxic shot
shells while in the field, including shot
shells used for hunting wild turkey (see
§ 32.2(k)).
(3) Big game hunting. We allow big
game hunting on designated areas of the
refuge subject to the following
conditions:
(i) The conditions set forth at
paragraphs (f)(1)(i) and (ii) of this
section apply.
(ii) We prohibit organized deer drives.
We define a ‘‘deer drive’’ as an
organized or planned effort to pursue,
drive, chase, or otherwise frighten or
cause deer to move in the direction of
any person(s) who is part of the
organized or planned hunt and known
to be waiting for the deer.
*
*
*
*
*
(g) * * *
(2) * * *
(ii) You must remove personal
belongings, including, but not limited
to, all boats, decoys, blinds, blind
materials, stands, platforms, and other
hunting equipment brought onto the
refuge at the end of each day’s hunt (see
§§ 27.93 and 27.94 of this chapter).
(3) Big game hunting. We allow
hunting of white-tailed deer on
designated areas of the refuge subject to
the following conditions:
(i) The condition set forth at
paragraph (g)(2)(ii) of this section
applies.
(ii) We prohibit organized deer drives.
We define a ‘‘deer drive’’ as an
organized or planned effort to pursue,
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drive, chase, or otherwise frighten or
cause deer to move in the direction of
any person(s) who is part of the
organized or planned hunt and known
to be waiting for the deer.
*
*
*
*
*
(k) * * *
(2) * * *
(v) Hunters may only hunt from 1⁄2
hour before legal sunrise to no later than
1⁄2 hour after legal sunset, and they must
follow all State requirements for legal
hunting hours.
(3) * * *
(i) The conditions set forth at
paragraphs (k)(1)(i) and (k)(2)(v) of this
section apply.
*
*
*
*
*
■ 12. Amend § 32.37 by revising
paragraphs (c), (d), (e), (g), (i)(1)(iv),
(i)(3)(iii), (j), (m), (o)(1)(iv), (o)(3)(v), (q),
(r), (s)(1)(iv), (t), and (u) to read as
follows:
§ 32.37
Louisiana.
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*
*
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*
(c) Bayou Sauvage National Wildlife
Refuge—(1) Migratory game bird
hunting. We allow hunting of duck,
merganser, teal, light and dark goose,
coot, gallinule, rail, snipe, and dove on
designated areas of the refuge subject to
the following conditions:
(i) Hunters and anglers must possess
and carry a valid, signed refuge hunting
and fishing brochure.
(ii) We only allow youth to hunt
migratory game birds.
(iii) All youth hunters age 15 and
younger must be supervised by an adult
during hunts. The youth must be
capable of and must actively participate
in the hunt by possessing and/or firing
a legal weapon during the hunt for the
express purpose of harvesting game.
(iv) One adult may supervise up to
two youths during upland game hunts
and migratory bird hunts, but may
supervise only one youth during big
game hunts. The supervising adult must
maintain visual and voice contact with
the youth at all times.
(v) Adults accompanying youth on
any refuge hunts may participate by
hunting (except during the State youthonly seasons), but are not allowed to
harvest more than their own daily bag
limit (see § 20.24 of this chapter). Youth
must harvest their own bag limits.
(vi) We allow migratory bird hunting
on Wednesdays, Thursdays, Saturdays,
and Sundays from 1⁄2 hour before legal
sunrise until 2 p.m.
(vii) We open the refuge to goose
youth hunting during any segment of
goose season that extends beyond the
regular duck season.
(viii) Migratory bird hunters may not
enter the refuge prior to 4 a.m. on the
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day of the hunt and must remove all
portable blinds and decoys (see § 27.93
of this chapter) no later than 2 p.m.
(ix) We prohibit hunting within 500
feet (152 meters (m)) of any residence or
structure adjacent to the refuge, and we
prohibit hunting within 200 feet (61 m)
of any road, railroad, levee, water
control structure, designated public use
trail, designated parking area, or other
designated public use facility.
(x) We prohibit mud boats or air
cooled propulsion vessels, including
‘‘surface-drive’’ boats, except when
traversing through the Intracoastal
Waterway and the Irish Bayou Straight
Canal only.
(xi) We only allow the incidental take
of nutria with approved shot and
weapons during any open youth
waterfowl season on the refuge.
(xii) We allow the incidental take of
coyote, raccoon, feral hog, armadillo,
and opossum with approved shot and
weapons allowed during any open
season on the refuge.
(xiii) We allow only the use of
reflective tacks as marking devices.
(2) Upland game hunting. We allow
hunting of rabbit, and the incidental
take of nutria, coyote, raccoon,
armadillo, and opossum, on designated
areas of the refuge subject to the
following conditions:
(i) We only allow youth hunting of
upland game.
(ii) When hunting, you must possess
only shot size 4 or smaller or 0.22
caliber rimfire rifles or smaller. We
allow the use of air rifles.
(iii) When hunting rabbit, we allow
the use of dogs only after the close of
the State archery deer season.
(iv) The conditions set forth at
paragraphs (c)(1)(i), (iii) through (v), and
(ix) through (xiii) of this section apply.
(3) Big game hunting. We only allow
youth hunting of white-tailed deer, and
the incidental take of feral hog, on
designated areas of the refuge subject to
the following conditions:
(i) We are open to youth hunting only
during the State deer archery season.
(ii) We prohibit organized deer drives.
We define a ‘‘deer drive’’ as an
organized or planned effort to pursue,
drive, chase, or otherwise frighten or
cause deer to move in the direction of
any person(s) who is part of the
organized or planned hunt and known
to be waiting for the deer.
(iii) We allow placement of temporary
deer stands no earlier than 48 hours
prior to the start of deer archery season.
Hunters must remove all deer stands
within 48 hours after the archery deer
season closes (see § 27.93 of this
chapter).
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(iv) We allow only one deer stand per
hunter on the refuge. Deer stands must
have the owner’s State license/
sportsmen’s identification number
clearly printed on the stand.
(v) We prohibit the use of deer
decoys.
(vi) The conditions set forth at
paragraphs (c)(1)(i), (iii) through (v), and
(ix) through (xiii) of this section apply.
(4) Sport fishing. We allow
recreational finfishing and shellfishing
on designated areas of the refuge subject
to the following conditions:
(i) We allow daytime sport finfishing
and shellfishing year-round on
designated areas of the refuge. On
portions of the refuge outside of the
Hurricane Protection Levee, we allow
daytime sport finfishing and
shellfishing from November 1 through
January 31 and during the State teal
season, but only after 2 p.m.
(ii) We only allow sport finfishing
with hand-held rod and reel or handheld rod and line.
(iii) You may take bait shrimp with
cast nets only.
(iv) You may take crawfish (up to 100
pounds (45 kilograms) per person, per
day) with crawfish or dip nets only.
(v) We allow only recreational
crabbing.
(vi) You must attend all fishing,
crabbing, and crawfishing equipment at
all times.
(vii) We prohibit the use of trotlines,
limblines, slat traps, gar sets, nets, and
alligator lines on the refuge.
(viii) The conditions set forth at
paragraphs (c)(1)(i), (x), and (xiii) of this
section apply.
(d) Bayou Teche National Wildlife
Refuge—(1) Migratory game bird
hunting. We allow hunting of duck,
merganser, teal, light and dark goose,
coot, gallinule, rail, snipe, dove, and
woodcock on designated areas of the
refuge subject to the following
conditions:
(i) Each person age 18 and older must
possess and carry a valid, signed refuge
user brochure while on the refuge.
(ii) We prohibit hunting or discharge
of firearms (see § 27.42 of this chapter)
within 500 feet (152 meters (m)) of any
residence or oil and gas infrastructure,
or within 200 feet (61 m) of any road,
railroad, levee, water control structure,
designated public use trail, designated
parking area, or other designated public
use facility.
(iii) All youth hunters age 15 and
younger must be supervised by an adult
during all hunts. One adult may
supervise up to two youths during small
game and migratory game bird hunts,
but may supervise only one youth
during big game hunts. The supervising
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adult must maintain visual and voice
contact with the youth at all times.
Adult guardians are responsible for
ensuring that youth hunters do not
violate refuge rules.
(iv) We require waterfowl and
gallinule hunters to remove all portable
blinds and decoys from the refuge by 2
p.m. each day (see §§ 27.93 and 27.94 of
this chapter).
(v) Migratory bird hunters are only
allowed to enter the refuge after 4 a.m.
(vi) We allow waterfowl hunting daily
until 2 p.m. during the State regular
season, State teal season, and State
youth and veteran waterfowl seasons.
We allow gallinule, snipe, and rail
hunting until 2 p.m.
(vii) When hunting migratory game
birds, you may only use dogs to locate,
point, and retrieve game.
(viii) We allow only the use of
reflective tacks as marking devices.
(ix) We only allow the incidental take
of nutria with approved shot and
weapons during any open waterfowl
season on the refuge.
(x) We allow the incidental take of
raccoon, feral hog, armadillo, opossum,
and coyote with approved shot and
weapons during any open season on the
refuge.
(2) Upland game hunting. We allow
hunting of squirrel and rabbit, and the
incidental take of nutria, coyote,
raccoon, armadillo, and opossum, on
designated areas of the refuge subject to
the following conditions:
(i) We only allow hunting from the
start of the State squirrel and rabbit
seasons until the last day of State
waterfowl season for the State
Waterfowl Zone in which you are
hunting.
(ii) We prohibit upland game hunting
on days corresponding with refuge deer
gun hunts.
(iii) Hunters must leave the refuge no
later than 2 hours after legal sunset.
(iv) When hunting, you must possess
only shot size 4 or smaller or 0.22
caliber rimfire rifles or smaller. We
allow the use of air rifles.
(v) The conditions set forth at
paragraphs (d)(1)(i) through (iii) and
(viii) through (x) of this section apply.
(3) Big game hunting. We allow the
hunting of white-tailed deer, and the
incidental take of feral hog, on
designated areas of the refuge subject to
the following conditions:
(i) We allow hunting of deer only with
firearms (see § 27.42 of this chapter)
during 5 specific days during October
and November. A youth gun hunt will
occur during the last weekend of
October. The general gun hunt will
occur during the final full weekend in
November. The youth gun hunt includes
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both Saturday and Sunday. The general
gun hunt includes the Friday
immediately before the weekend.
(ii) We allow archery deer hunting
according to the State of Louisiana
archery season. We close refuge archery
hunting during refuge deer gun hunts.
(iii) We allow each hunter to possess
only one deer per day; the deer may be
a buck or a doe.
(iv) Hunters may use only portable
deer stands. Hunters may erect deer
stands no earlier than 48 hours before
the deer archery season and must
remove them from the refuge within 48
hours after the season closes (see § 27.93
of this chapter). Hunters may place only
one deer stand on the refuge. Deer
stands must have the owner’s State
hunting license/sportsman’s
identification number clearly printed on
the stand.
(v) The conditions set forth at
paragraphs (d)(1)(i) through (iii), (viii),
and (x), and (d)(2)(iii) of this section
apply.
(vi) We prohibit the use of deer
decoys.
(vii) We prohibit organized deer
drives. We define a ‘‘deer drive’’ as an
organized or planned effort to pursue,
drive, chase, or otherwise frighten or
cause deer to move in the direction of
any person(s) who is part of the
organized or planned hunt and known
to be waiting for the deer.
(viii) Deer hunters must display State
Wildlife Management Area (WMA)
hunter-orange or blaze-pink (as
governed by State WMA regulations).
(4) Sport fishing. We allow sport
fishing in all refuge waters subject to the
following conditions:
(i) We prohibit the use of unattended
nets, traps, or lines (trot, jug, bush, etc.).
(ii) The condition set forth at
paragraph (d)(1)(i) of this section
applies.
(iii) The refuge is only open to
recreational finfishing and shellfishing
from legal sunrise to legal sunset.
(e) Big Branch Marsh National
Wildlife Refuge—(1) Migratory game
bird hunting. We allow hunting of duck,
merganser, teal, coot, light and dark
goose, snipe, rail, gallinule, dove, and
woodcock on designated areas of the
refuge subject to the following
conditions:
(i) Each person age 18 and older must
possess and carry a valid, signed refuge
user brochure while on the refuge.
(ii) We allow waterfowl, snipe, rail,
gallinule, dove, and goose hunting on
Wednesdays, Thursdays, Saturdays, and
Sundays from 1⁄2 hour before legal
sunrise until 2 p.m., including
waterfowl hunting during the State teal
season and State youth and veterans
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waterfowl seasons. We only allow
hunting of woodcock until 2 p.m.
(iii) We allow light goose hunting for
that part of the season that extends
beyond the regular duck season from 1⁄2
hour before legal sunrise until 2 p.m.
(iv) We allow only temporary blinds,
and hunters must remove blinds and
decoys by 2 p.m. each day (see § 27.93
of this chapter).
(v) All youth hunters age 15 and
younger must be supervised by an adult
during all hunts. One adult may
supervise up to two youths during small
game hunts and migratory bird hunts,
but may supervise only one youth
during big game hunts. The supervising
adult must maintain visual and voice
contact with the youth at all times.
Adult guardians are responsible for
ensuring that youth hunters do not
violate refuge rules.
(vi) We prohibit hunting or discharge
of firearms (see § 27.42 of this chapter)
within 500 feet (152 meters (m)) of any
residence adjacent to the refuge or oil
and gas infrastructure on the refuge, or
within 200 feet (61 m) from the center
of any road, railroad, levee, water
control structure, designated public use
maintained trail, designated parking
area, or other designated public use
facility.
(vii) We allow migratory bird hunters
to enter the refuge no earlier than 4 a.m.,
and all hunters must exit the refuge no
later than 2 hours after legal sunset.
(viii) We allow only reflective tacks as
trail markers on the refuge.
(ix) We allow the incidental take of
raccoon, feral hog, armadillo, opossum,
and coyote with approved shot and
weapons allowed during any open
season on the refuge.
(x) We only allow the incidental take
of nutria with approved shot and
weapons during any open waterfowl
(duck, teal, merganser, light and dark
goose, and coot) season on the refuge.
(2) Upland game hunting. We allow
hunting of squirrel, rabbit, and quail,
and the incidental take of nutria, coyote,
raccoon, armadillo, and opossum, on
designated areas of the refuge subject to
the following conditions:
(i) When hunting, you must possess
only shot size 4 or smaller, or 0.22
caliber rim-fire rifles or smaller. We
allow the use of air rifles.
(ii) When hunting squirrel and rabbit,
and for the incidental take of raccoon,
we allow the use of dogs only after the
close of the State archery deer season.
When hunting quail, you may only use
dogs to locate, point, and retrieve.
(iii) The conditions set forth at
paragraphs (e)(1)(i), (v), (vi), and (viii)
through (x) of this section apply.
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(iv) During the dog season for squirrel
and rabbit, all hunters, including
archers (while on the ground), except
waterfowl hunters, must wear a
minimum of a cap or hat that is hunter
orange, blaze pink, or other such color
as governed by State regulations.
(v) We only allow hunting of quail
until 2 p.m.
(3) Big game hunting. We allow
hunting of white-tailed deer, and the
incidental take of feral hog, on
designated areas of the refuge subject to
the following conditions:
(i) We are open only during the State
season for archery hunting of deer.
(ii) We prohibit organized deer drives.
We define a ‘‘deer drive’’ as an
organized or planned effort to pursue,
drive, chase, or otherwise frighten or
cause deer to move in the direction of
any person(s) who is part of the
organized or planned hunt and known
to be waiting for the deer.
(iii) We allow placement of temporary
deer stands no earlier than 48 hours
prior to the start of deer archery season.
Hunters must remove all deer stands
within 48 hours after the archery deer
season closes (see § 27.93 of this
chapter). We allow only one deer stand
per hunter on the refuge. Deer stands
must have the owner’s State license/
sportsmen’s identification number
clearly printed on the stand. We
prohibit hunting stands on trees painted
with white bands.
(iv) The conditions set forth at
paragraphs (e)(1)(i), (v), (vi), and (viii)
through (x) of this section apply.
(v) We prohibit the use of deer
decoys.
(4) Sport fishing. We allow
recreational finfishing and shellfishing
on designated areas of the refuge subject
to the following conditions:
(i) You may only fish from legal
sunrise until legal sunset, except we
allow night fishing from the bank and
pier on Lake Road.
(ii) You must only use rod and reel or
pole and line while finfishing.
(iii) You must attend to any fishing,
crabbing, and crawfishing equipment at
all times.
(iv) The condition set forth at
paragraph (e)(1)(i) of this section
applies.
*
*
*
*
*
(g) Bogue Chitto National Wildlife
Refuge—(1) Migratory game bird
hunting. We allow hunting of duck,
merganser, teal, light and dark goose,
coot, gallinule, rail, snipe, dove, and
woodcock on designated areas of the
refuge subject to the following
conditions:
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(i) Each person age 18 and older must
possess and carry a valid, signed refuge
user brochure while on the refuge.
(ii) We only allow hunting of duck,
merganser, teal, light and dark goose,
and gallinule from 1⁄2 hour before legal
sunrise until 2 p.m. of the State seasons,
including during the State teal season,
State youth waterfowl season, State
veterans season, and special light goose
conservation season.
(iii) You must remove blinds and
decoys by 2 p.m. each day (see § 27.93
of this chapter).
(iv) When hunting migratory game
birds, you may only use dogs to locate,
point, and retrieve game.
(v) All youth hunters age 15 and
younger must be supervised by an adult
during all hunts. One adult may
supervise up to two youths during
upland game hunts and migratory bird
hunts, but may supervise only one
youth during big game hunts. The
supervising adult must maintain visual
and voice contact with the youth at all
times. Adult guardians are responsible
for ensuring that youth hunters do not
violate refuge rules.
(vi) We prohibit hunting or discharge
of firearms (see § 27.42 of this chapter)
within 500 feet (152 meters (m)) of any
residence or oil and gas infrastructure,
or within 200 feet (61 m) of any road,
railroad, levee, water control structure,
designated public use trail, building,
designated camping area, designated
parking area, or other designated public
facility.
(vii) For the purpose of hunting, we
prohibit possession of slugs, buckshot,
and rifle and pistol ammunition, except
during the deer gun and primitive
firearm seasons (see § 32.2(k)).
(viii) You may use only reflective
tacks as trail markers on the refuge.
(ix) We allow the incidental take of
feral hog, raccoon, armadillo, opossum,
and coyote with approved shot and
weapons allowed during any open
season on the refuge.
(x) We only allow incidental take of
nutria with approved shot and weapons
during any open waterfowl season on
the refuge.
(2) Upland game hunting. We allow
hunting of squirrel, rabbit, and quail,
and the incidental take of nutria, coyote,
raccoon, armadillo, and opossum, on
designated areas of the refuge subject to
the following conditions:
(i) We allow the use of dogs for rabbit
and squirrel hunting, and the incidental
take of raccoon, on specific dates listed
in the refuge hunt brochure.
(ii) During any open deer firearm or
primitive firearm season on the refuge,
all hunters, except waterfowl hunters,
must wear hunter orange, blaze pink, or
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other such color as governed by State
regulations.
(iii) The conditions set forth at
paragraphs (g)(1)(i) and (v) through (x)
of this section apply.
(iv) You may use .22-caliber rifles or
smaller while hunting upland game and
ammunition must be size 4 or smaller
(see § 32.2(k)).
(v) We will close the refuge to hunting
(except waterfowl) and camping when
the Pearl River reaches 15.5 feet (4.72
meters) on the Pearl River Gauge at
Pearl River, Louisiana.
(vi) During the dog season for
squirrels, rabbits, and incidental take of
raccoon, all hunters, including archery
hunters (while on the ground), except
waterfowl hunters, must wear a cap or
hat that is hunter-orange, blaze pink, or
other such color as governed by State
regulations.
(vii) We prohibit upland game
hunting on days corresponding with
refuge deer gun and primitive firearm
hunts.
(viii) We only allow quail hunting
until 2 p.m.
(3) Big game hunting. We allow
hunting of white-tailed deer, turkey, and
feral hog, and the incidental take of feral
hog, on designated areas of the refuge
subject to the following conditions:
(i) The conditions set forth at
paragraphs (g)(1)(i) and (v) through (x),
and (g)(2)(ii), (v), and (vi) of this section
apply.
(ii) Hunters may erect deer stands no
earlier than 48 hours before the deer
archery season opens and must remove
them from the refuge within 48 hours
after this season closes (see § 27.93 of
this chapter). We allow only one deer
stand per hunter on the refuge. Deer
stands must have the owner’s State
license/sportsmen’s identification
number clearly printed on the stand.
(iii) Deer hunters hunting from
concealed blinds must display State
Wildlife Management Area (WMA)
hunter-orange or blaze-pink (as
governed by State WMA regulations)
above or around their blinds that is
visible from 360 degrees.
(iv) We hold a special dog hog hunt
in February. During this hunt, the
following conditions apply, in addition
to the other conditions set forth in this
paragraph (g)(3):
(A) You must use trained hog-hunting
dogs to aid in the take of hog.
(B) We allow take of hog from 1⁄2 hour
before legal sunrise until 1⁄2 hour after
legal sunset.
(C) You must possess only approved
nontoxic shot, or pistol or rifle
ammunition not larger than .22 caliber
rim-fire, to take the hog after it has been
caught by dogs.
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(v) You must kill all hogs prior to
removal from the refuge.
(vi) We prohibit the use of deer and
turkey gobbler decoys.
(vii) We prohibit using shot larger
than BB-lead, or T-steel, while hunting
during turkey season.
(viii) We describe the dates for turkey
hunts and deer general gun hunts, youth
hunts, and veterans hunts in the refuge
user brochure.
(4) Sport fishing. We allow only
recreational fishing year-round on
designated areas of the refuge subject to
the following conditions:
(i) We only allow cotton limb lines.
(ii) 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.
(iii) When the Pearl River Turnaround
area is open, we allow boats that do not
have gasoline-powered engines attached
in the fishing ponds at the Pearl River
Turnaround. Anglers must hand-launch
these boats into the ponds. When the
fishing ponds at the Pearl River
Turnaround are open, hook and line is
the only legal method of take in those
ponds.
(iv) The Pearl River Turnaround area,
when open to fishing, is open 1⁄2 hour
before legal sunrise to 1⁄2 hour after legal
sunset.
(v) The conditions set forth at
paragraphs (g)(1)(i) and (viii), and
(g)(2)(v) of this section apply.
*
*
*
*
*
(i) * * *
(1) * * *
(iv) Every hunter must complete and
turn in a Harvest Report (FWS Form 3–
2542) available from a self-clearing
check station after each hunt.
*
*
*
*
*
(3) * * *
(iii) Each hunter must complete and
turn in a Harvest Report (FWS Form 3–
2542) available from a self-clearing
check station after each hunt.
*
*
*
*
*
(j) Cat Island National Wildlife
Refuge—(1) Migratory game bird
hunting. We allow hunting of duck,
merganser, teal, light and dark goose,
coot, snipe, rail, gallinule, dove, and
woodcock on designated areas of the
refuge subject to the following
conditions:
(i) Each person age 18 and older must
possess and carry a valid, signed refuge
user brochure while on the refuge.
(ii) We allow migratory bird hunters
to enter the refuge no earlier than 4 a.m.,
and all hunters must exit the refuge
within 2 hours after legal sunset.
(iii) We allow the incidental take of
beaver, feral hog, raccoon, armadillo,
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opossum, and coyote with approved
shot and weapons allowed during any
open season on the refuge.
(iv) We allow all-terrain vehicles
(ATVs) and utility-type vehicle (UTVs)
as governed by State Wildlife
Management Area regulations and size
specifications on designated trails (see
§ 27.31 of this chapter) from the third
Saturday in September until February
28.
(v) We prohibit hunting within 500
feet (152 meters (m)) of any residence or
oil and gas infrastructure, or within 200
feet (61 m) of any road, railroad, levee,
water control structure, designated
public use trail, building, designated
parking area, or designated public use
facility.
(vi) All youth hunters age 15 and
younger must be supervised by an adult
during hunts. One adult may supervise
up to two youths during small game
hunts and migratory bird hunts, but may
supervise only one youth during big
game hunts. The supervising adult must
maintain visual and voice contact with
the youth at all times. Adult guardians
are responsible for ensuring that youth
hunters do not violate refuge rules.
(vii) We allow waterfowl (duck,
merganser, teal, light and dark goose,
and coot) and gallinule hunting daily
during the State regular season,
including waterfowl hunting during the
State teal season and State youth and
veteran waterfowl seasons, from 1⁄2 hour
before legal sunrise until 2 p.m.
(viii) You must remove harvested
waterfowl, temporary blinds, and
decoys used for duck hunting by 2 p.m.
each day (see § 27.93 of this chapter).
(ix) When hunting migratory game
birds, you may only use dogs to locate,
point, and retrieve.
(x) We prohibit accessing refuge
property by boat from the Mississippi
River.
(xi) We allow only the use of
reflective tacks as marking devices.
(xii) We only allow the incidental take
of nutria with approved shot and
weapons during any open waterfowl
season on the refuge.
(2) Upland game hunting. We allow
hunting of squirrel and rabbit, and the
incidental take of nutria, beaver, coyote,
raccoon, armadillo, and opossum, on
designated areas of the refuge subject to
the following conditions:
(i) The conditions set forth at
paragraphs (j)(1)(i) through (vi) and (x)
through (xii) of this section apply.
(ii) While upland game hunting, we
prohibit the possession of hunting
firearms larger than 0.22 caliber rimfire,
shotgun slugs, and buckshot (see § 27.42
of this chapter).
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(iii) We allow the use of dogs during
designated small game with dog
seasons. We require the owner’s contact
information on the collars of all dogs.
We only allow up to two dogs per
hunting party for squirrel hunting.
(iv) We prohibit upland game hunting
on days corresponding with refuge deer
gun hunts.
(3) Big game hunting. We allow
hunting of white-tailed deer on
designated areas of the refuge subject to
the following conditions:
(i) The conditions set forth at
paragraphs (j)(1)(i) through (vi), (x), and
(xi) of this section apply.
(ii) We allow archery deer hunting,
youth deer gun hunting during the first
weekend of the State youth firearm
season, and one weekend of primitive
firearm season on the refuge. We list
specific dates of these hunts in the
refuge annual user brochure.
(iii) Hunters may erect deer stands no
earlier than 48 hours before the deer
archery season opens and must remove
them from the refuge within 48 hours
after this season closes (see § 27.93 of
this chapter). We grant extensions to
retrieve stands due to high water refuge
closure. We allow only one deer stand
or blind per hunter on the refuge. Deer
stands must have the owner’s State
license/sportsmen’s identification
number clearly printed on the stand.
(iv) You may only take one deer of
either sex per day during the deer
seasons listed. State season limits apply.
(v) Deer hunters must display State
Wildlife Management Area (WMA)
hunter-orange or blaze-pink (as
governed by State WMA regulations).
(vi) We prohibit organized drives. We
define a ‘‘drive’’ as an organized or
planned effort to pursue, drive, chase, or
otherwise frighten or cause game to
move in the direction of any person(s)
who is part of the organized or planned
hunt and known to be waiting for the
game.
(4) Sport fishing. We allow
recreational finfishing and shellfishing
on designated areas of the refuge subject
to the following conditions:
(i) The conditions set forth at
paragraphs (j)(1)(i), (iv) (on the open
portions of Wood Duck ATV trail for
wildlife-dependent activities throughout
the year), (x), and (xi) of this section
apply.
(ii) We prohibit slat traps or hoop nets
on the refuge.
(iii) Anglers may only crawfish during
designated days and times. The harvest
limit is 50 pounds (22.5 kilograms) per
person per day.
(iv) You must attend all crawfish traps
and nets at all times. We allow up to,
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and no more than, 20 traps per angler
on the refuge.
*
*
*
*
*
(m) Delta National Wildlife Refuge—
(1) Migratory game bird hunting. We
allow hunting of duck, merganser, teal,
light and dark goose, dove, snipe, rail,
gallinule, and coot on designated areas
of the refuge subject to the following
conditions:
(i) Each person age 18 and older must
possess and carry a valid, signed refuge
user brochure while on the refuge.
(ii) We allow migratory bird hunting
on Wednesdays, Thursdays, Saturdays,
and Sundays from 1⁄2 hour before legal
sunrise until 2 p.m. during the State
seasons, including the regular waterfowl
season, the State teal season, State youth
waterfowl season, State veterans
waterfowl season, and State light goose
special conservation season.
(iii) We only allow temporary blinds.
You must remove both blinds and
decoys by 2 p.m. each day (see § 27.93
of this chapter).
(iv) When hunting migratory game
birds, you may only use dogs to locate,
point, and retrieve game.
(v) We prohibit discharge of firearms
(see § 27.42 of this chapter) within 500
feet (152 meters (m)) of any residence or
oil and gas infrastructure, or within 200
feet (61 m) of any road, railroad, levee,
water control structure, designated
public use trail, designated parking area,
or other designated public use facilities.
(vi) All youth hunters age 15 and
younger must be supervised by an adult
during all hunts. One adult may
supervise up to two youths during
upland game and migratory game bird
hunts, but may supervise only one
youth during big game hunts. The
supervising adult must maintain visual
and voice contact with the youth at all
times.
(vii) Migratory bird hunters may enter
the refuge no earlier than 4 a.m., and all
hunters must exit the refuge no later
than 2 hours after legal sunset.
(viii) We allow the incidental take of
raccoon, feral hog, armadillo, opossum,
and coyote with approved shot and
weapons allowed during any open
season on the refuge.
(ix) We only allow the incidental take
of nutria with approved shot and
weapons during any open waterfowl
season on the refuge.
(x) We allow only the use of reflective
tacks as marking devices.
(2) Upland game hunting. We allow
hunting of rabbit, and the incidental
take of nutria, coyote, raccoon,
armadillo, and opossum on designated
areas of the refuge subject to the
following conditions:
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(i) The refuge rabbit season opens the
day after the State duck season closes
and continues through the remainder of
the State rabbit season.
(ii) We restrict hunting to shotgun
only.
(iii) We allow the use of dogs when
rabbit hunting.
(iv) We prohibit upland game hunting
on days corresponding with refuge deer
gun hunts.
(v) The conditions set forth at
paragraphs (m)(1)(i) and (v) through
(viii) of this section apply.
(3) Big game hunting. We allow
hunting of white-tailed deer on
designated areas of the refuge subject to
the following conditions:
(i) The conditions set forth at
paragraphs (m)(1)(i) and (v) through (x)
of this section apply.
(ii) We allow archery deer hunting,
bucks only, from October 1 through 15.
We allow either-sex archery deer
hunting from October 16 through 31,
and from the day after the close of the
State duck season through the end of the
State deer archery season.
(iii) We allow placement of temporary
deer stands up to 48 hours prior to the
start of deer archery season. Hunters
must remove all deer stands within 48
hours after the archery deer season
closes (see § 27.93 of this chapter). We
allow only one deer stand per hunter on
the refuge. Deer stands must have the
owner’s State license/sportsmen’s
identification number clearly printed on
the stand.
(iv) We prohibit organized deer
drives. We define a ‘‘deer drive’’ as an
organized or planned effort to pursue,
drive, chase, or otherwise frighten or
cause deer to move in the direction of
any person(s) who is part of the
organized or planned hunt and known
to be waiting for the deer.
(v) We prohibit the use of deer
decoys.
(vi) We allow shotgun hunting of deer
on the Saturday and Sunday during the
first split of the regular waterfowl
season.
(vii) Deer hunters must display State
Wildlife Management Area (WMA)
hunter-orange or blaze-pink (as
governed by State WMA regulations).
(4) Sport fishing. We allow
recreational finfishing and shellfishing
on designated areas of the refuge subject
to the following conditions:
(i) We only allow sport finfishing and
shellfishing from 1⁄2 hour before legal
sunrise until 1⁄2 hour after legal sunset.
During the State waterfowl hunting
seasons, we only allow sport finfishing
and shellfishing from 2 p.m. until 1⁄2
hour after legal sunset. However, during
the waterfowl season, we prohibit all
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public entry between Main Pass and
Raphael Pass.
(ii) We prohibit the use of trotlines,
limblines, slat traps, jug lines, nets, or
alligator lines.
(iii) The condition set forth at
paragraph (m)(1)(i) of this section
applies.
*
*
*
*
*
(o) * * *
(1) * * *
(iv) Each hunter must complete and
turn in a Harvest Report (FWS Form 3–
2542), available from a self-clearing
check station, after each hunt.
*
*
*
*
*
(3) * * *
(v) Each hunter must complete and
turn in a Harvest Report (FWS Form 3–
2542) available from a self-clearing
check station, after each hunt.
*
*
*
*
*
(q) Mandalay National Wildlife
Refuge—(1) Migratory game bird
hunting. We allow hunting of duck, teal,
merganser, light and dark goose,
gallinule (including moorhen), coot,
rail, snipe, and dove on designated areas
of the refuge subject to the following
conditions:
(i) Each person age 18 and older must
possess and carry a valid, signed refuge
user brochure while on the refuge.
(ii) We allow only youth hunting of
migratory game birds and only in the
Hanson Unit on Wednesdays,
Thursdays, Saturdays, and Sundays
until 2 p.m. of the State teal, youth, and
regular waterfowl seasons.
(iii) We open the Hanson Unit only to
youth goose hunting during any
segment of the goose season that
extends beyond the regular duck season
on Wednesdays, Thursdays, Saturdays,
and Sundays until 2 p.m.
(iv) Migratory bird hunters are only
allowed to enter the refuge after 4 a.m.
(v) All youth hunters age 15 and
younger must be supervised by an adult
during all hunts. One adult may
supervise up to two youths during small
game and migratory game bird hunts.
An adult may supervise only one youth
during big game hunts. The supervising
adult must maintain visual and voice
contact with the youth at all times. The
youth must be capable of and must
actively participate in the hunt by
possessing and/or firing a legal weapon
during the hunt for the express purpose
of harvesting game. Parents or adult
guardians are responsible for ensuring
that hunters age 15 and younger do not
violate refuge rules.
(vi) Adults accompanying youth on
refuge hunts may participate by
hunting, but are not allowed to harvest
more than their own daily bag limit.
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(vii) We only allow incidental take of
nutria with approved shot and weapons
during any open waterfowl season on
the refuge.
(viii) We allow incidental take of
raccoon, feral hog, armadillo, opossum,
and coyote with approved shot and
weapons allowed during any open
season on the refuge.
(ix) We prohibit hunting within 500
feet (152 meters (m)) of any residence or
oil and gas infrastructure, or within 200
feet (61 m) of any road, railroad, levee,
water control structure, designated
public use trail, designated parking area,
or other designated public use facility.
(x) We allow only temporary blinds,
and hunters must remove blinds and
decoys by 2 p.m. each day (see § 27.93
of this chapter).
(2) Upland Game Hunting. We allow
youth hunting of squirrel and rabbit,
and the incidental take of nutria, coyote,
raccoon, armadillo, and opossum, on
designated areas of the refuge subject to
the following conditions:
(i) When hunting, you must possess
only shot size 4 or smaller, or 0.22
caliber rim-fire rifles or smaller. We
allow the use of air rifles.
(ii) The conditions set forth at
paragraphs (q)(1)(i) and (v) through (ix)
apply.
(iii) The Hanson Unit is closed to
youth hunting prior to 2 p.m. on
Wednesdays, Thursdays, Saturdays, and
Sundays during waterfowl hunt season.
(iv) Hunters must leave the refuge no
later than 2 hours after legal sunset.
(3) Big game hunting. We allow the
hunting of white-tailed deer, and the
incidental take of feral hog, on
designated areas of the refuge subject to
the following conditions:
(i) We open the refuge to hunting of
white-tailed deer only during the State
archery season. We close the Hanson
Unit to big game hunting prior to 2 p.m.
on Wednesdays, Thursdays, Saturdays,
and Sundays during State waterfowl
seasons.
(ii) You may take only one deer of
either sex per day.
(iii) We prohibit the use of deer
decoys.
(iv) We only allow portable stands.
Hunters may erect temporary deer
stands no earlier than 48 hours prior to
the start of deer archery season. Hunters
must remove all deer stands within 48
hours after the archery deer season
closes (see § 27.93 of this chapter).
Hunters may place only one deer stand
on the refuge. Deer stands must have the
owner’s State hunting license/
sportsman’s identification number
clearly printed on the stand.
(v) We prohibit organized deer drives.
We define a ‘‘deer drive’’ as an
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organized or planned effort to pursue,
drive, chase, or otherwise frighten or
cause deer to move in the direction of
any person(s) who is part of the
organized or planned hunt and known
to be waiting for the deer.
(vi) The conditions set forth at
paragraphs (q)(1)(i), (v), (vi), (viii), and
(ix), and (q)(2)(iv) of this section apply.
(4) Sport fishing. We allow
recreational finfishing and shellfishing
in all refuge waters subject to the
following conditions:
(i) We prohibit the use of unattended
nets, traps, or lines (trot, jog, bush, etc.).
(ii) The refuge is open from legal
sunrise until legal sunset.
(iii) The condition set forth at
paragraph (q)(1)(i) of this section
applies.
(r) Red River National Wildlife
Refuge—(1) Migratory game bird
hunting. We allow hunting of duck,
goose, coot, woodcock, snipe, rail,
gallinule, and dove on designated areas
of the refuge subject to the following
conditions:
(i) Hunters must possess and carry a
signed refuge brochure.
(ii) We allow waterfowl hunting until
12 p.m. (noon) during the State season.
Waterfowl hunters must exit the refuge
no later than 1:30 p.m.
(iii) Hunters may enter the refuge no
earlier than 4 a.m.
(iv) Hunters may only hunt during
designated times and seasons within
specified State seasons as listed in
refuge brochure.
(v) We prohibit hunting within 100
feet (30 meters) of any public road,
refuge road, trail or ATV trail, residence,
building, aboveground oil or gas or
electrical transmission facility, or
designated public facility.
(vi) When hunting migratory game
birds, you may only use dogs to locate,
point, and retrieve.
(vii) We allow the incidental take of
coyote, beaver, and feral hogs in
designated areas during any refuge hunt
with the weapons legal for that hunt,
subject to applicable State seasons and
regulations.
(2) Upland game hunting. We allow
hunting of quail, squirrel, rabbit,
raccoon, and opossum, and incidental
take of coyote and beaver, on designated
areas of the refuge subject to the
following conditions:
(i) The conditions set forth at
paragraphs (r)(1)(i), (iii) through (v), and
(vii) of this section apply.
(ii) We allow hunting of raccoon and
opossum during the daylight hours of
rabbit and squirrel season. We allow
night hunting during December and
January, and you may use dogs for night
hunting.
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(iii) We allow the use of dogs to hunt
squirrel and rabbit after December 31.
(iv) Hunters must exit the refuge no
later than 1 hour after legal shooting
hours, unless participating in
authorized hunting after legal sunset.
(3) Big game hunting. We allow
hunting of white-tailed deer and turkey,
and the incidental take of feral hog, on
designated areas of the refuge subject to
the following condition: The conditions
set forth at paragraphs (r)(1)(i), (iii)
through (v), and (vii), and (r)(2)(iv) of
this section apply.
(4) Sport fishing. We allow sport
fishing on designated areas of the refuge
subject to the following conditions:
(i) We allow use of only electric
trolling motors on all refuge waters
while fishing.
(ii) Recreational fishing using
commercial gear (slat traps, etc.)
requires a special refuge permit (Special
Use Permit (FWS Form 3–1383–G)),
which is available at the refuge office.
You must possess and carry the special
refuge permit while fishing using
commercial gear.
(iii) We prohibit the taking of alligator
snapping turtle (see § 27.21 of this
chapter).
(s) * * *
(1) * * *
(iv) Each hunter must complete and
turn in a Harvest Report (FWS Form 3–
2542) from a self-clearing check station
after each hunt.
*
*
*
*
*
(t) Tensas River National Wildlife
Refuge—(1) Migratory game bird
hunting. We allow hunting of duck,
goose, rail, gallinule, coot, woodcock,
and snipe on designated areas of the
refuge subject to the following
conditions:
(i) All hunters and anglers age 16 and
older must purchase an Annual Public
Use Permit (FWS Form 3–2439). This
permit allows individuals to participate
in open (non-quota) hunting and fishing
seasons.
(ii) All hunters and anglers must
obtain a Self-Clearing Permit (FWS
Form 3–2405), available at refuge entry
points and at the Visitor Center, and
complete the self-clearing process when
exiting the refuge at the end of each day.
(iii) We allow hunting of duck, goose,
rail, gallinule, coot, and snipe on
Tuesdays, Thursdays, Saturdays, and
Sundays until 2 p.m. during the State
season. We prohibit migratory bird
hunting during refuge gun hunts for
deer.
(iv) We allow refuge hunters to enter
the refuge no earlier than 4 a.m., and
they must leave no later than 2 hours
after legal sunset unless they are
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participating in the refuge nighttime
raccoon hunt.
(v) We allow all-terrain vehicle (ATV)
travel on designated trails for access
typically from October 1 to the last day
of the refuge squirrel season.
(vi) We prohibit field dressing of game
within 150 feet (45 meters) of parking
areas, maintained roads, and trails.
(vii) An adult age 18 or older must
supervise youth hunters age 17 and
younger during all hunts. One adult
may supervise two youths during small
game and migratory bird hunts, but may
supervise only one youth during big
game hunts. Youth must remain within
normal voice contact of the adult who
is supervising them.
(viii) We allow the incidental take of
coyote, beaver, raccoon, opossum, feral
hog, armadillo, and nutria during
authorized hunts with firearms and
archery equipment legal for use during
the hunt.
(2) Upland game hunting. We allow
hunting of raccoon, squirrel, and rabbit,
and the incidental take of coyote,
beaver, raccoon, opossum, armadillo,
and nutria, on designated areas of the
refuge subject to the following
conditions:
(i) The conditions set forth at
paragraphs (t)(1)(i), (ii), and (iv) through
(viii) of this section apply.
(ii) A nighttime raccoon hunt will be
conducted during December, January,
and/or February, usually in conjunction
with the adjacent State Wildlife
Management Area (WMA) raccoon
hunting season.
(iii) We allow the use of dogs when
squirrel and rabbit hunting subject to
the following conditions:
(A) We allow hunting without dogs
from the beginning of the State season
to December 31.
(B) From the beginning of the State
season to December 31, we do not
require hunters to wear hunter orange.
(C) We allow squirrel and rabbit
hunting with or without dogs from
January 1 to the last day of February.
(D) From January 1 to the last day of
February, squirrel and rabbit hunters are
required to wear a minimum solid
hunter orange cap.
(E) We allow no more than three dogs
per hunting party.
(iv) We close squirrel and rabbit
hunting during the following gun hunts
for deer: Refuge-wide youth hunt,
primitive firearms hunt, and modern
firearms hunts.
(3) Big game hunting. We allow
hunting of white-tailed deer and turkey,
and the incidental take of feral hogs, on
designated areas of the refuge subject to
the following conditions:
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(i) The conditions set forth at
paragraphs (t)(1)(i), (ii), and (iv) through
(viii) of this section apply.
(ii) We require a valid Quota Modern
Firearm Permit (FWS Form 3–2439) to
hunt during a Deer Quota Modern
Firearm Hunt. You must complete and
submit an application for all Deer Quota
Hunts, and hunters will be notified of
their drawing status. If selected, hunters
are required to purchase the Annual
Public Use Permit (FWS Form 3–2439)
to claim their Quota Modern Firearm
Permit for the selected hunt. Hunters
must carry a signed paper copy or
electronic version of the permit with
them on their person while hunting.
(iii) Deer archery season will begin
the first Saturday in November and will
conclude on January 31, except for
during the youth gun hunt and modern
firearms hunts, when archery is
prohibited.
(iv) The deer primitive firearms
season will occur between November 1
and January 31. We allow all legal
primitive firearms as governed by State
regulations.
(v) During the deer primitive firearms
season, hunters may fit any legal
primitive firearms with magnified
scopes.
(vi) We allow hunters using primitive
weapons to hunt reforested areas.
(vii) We prohibit youth hunters from
using modern firearms during the
primitive weapon hunt.
(viii) During modern firearm hunts,
all firearm hunting, even hunting with
primitive weapons or muzzleloaders, is
governed by applicable Federal and
State regulations. We require a quota
hunt permit (FWS Form 3–2439) for
these hunts.
(ix) During modern firearm hunts, we
prohibit hunting in reforested areas. We
prohibit hunting and/or shooting into or
across any reforested area during the
quota hunt for deer.
(x) For the guided quota youth hunts,
we consider youth to be ages 8 through
15.
(xi) We will conduct a refuge-wide
youth deer hunt that will coincide with
the State youth hunt weekend.
(xii) Hunters may take only one deer
(one buck or one doe) per day during
refuge deer hunts, except that during
guided youth and wheelchair-bound
hunts, the limit will be one antlerless
and one antlered deer per day.
(xiii) We allow turkey hunting in
designated areas during the State turkey
hunt season not to exceed 16 days.
(xiv) We allow a youth turkey hunt
weekend in conjunction with the State
youth turkey hunt weekend.
(xv) We allow muzzleloader hunters
to discharge their primitive firearms at
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the end of each hunt safely into the
ground at least 150 feet (45 meters (m))
from any designated public road,
maintained road, trail, fire break,
dwelling, or aboveground oil and gas
production facility. We define a
‘‘maintained road or trail’’ as one that
has been mowed, disked, or plowed, or
one that is free of trees.
(xvi) We prohibit deer hunters leaving
deer stands unattended before the
opening day of the refuge archery
season. Hunters must remove stands
from the refuge by the end of the last
day of the refuge archery season (see
§ 27.93 of this chapter). Hunters must
remove portable stands from trees at the
end of each day’s hunt and place
freestanding stands in a nonhunting
position when unattended. Hunters
must clearly mark stands left
unattended on the refuge with the
hunter’s last name, Louisiana
Department of Wildlife and Fisheries
license number, and I-Sportsman Permit
Number.
(xvii) We allow hunting with slugs,
rifle, or pistol ammunition larger than
.22 caliber rimfire only during the quota
hunts for deer. We prohibit use of
buckshot when hunting.
(4) Sport fishing. We allow sport
fishing on designated areas of the refuge
subject to the following conditions:
(i) The conditions set forth at
paragraphs (t)(1)(i) and (ii) of this
section apply.
(ii) We allow anglers to enter the
refuge no earlier than 4 a.m., and they
must depart no later than 2 hours after
legal sunset.
(iii) We prohibit the taking of turtle
(see § 27.21 of this chapter).
(iv) We prohibit fish cleaning within
150 feet (45 m) of parking areas,
maintained roads, and trails.
(u) Upper Ouachita National Wildlife
Refuge—(1) Migratory game bird
hunting. We allow hunting of duck,
goose, coot, dove, rail, gallinule, snipe,
and woodcock on designated areas of
the refuge subject to the following
conditions:
(i) You must carry a signed refuge
public use brochure and must carry and
fill out daily a Visitor Check-In Permit
and Report (FWS Form 3–2405).
(ii) Hunters may only hunt during
designated refuge seasons as listed in
the signed refuge public use brochure.
(iii) We allow waterfowl hunting until
12 p.m. (noon) during the State season.
Waterfowl hunters must exit the refuge
no later than 1:30 p.m.
(iv) Hunters may enter the refuge no
earlier than 4 a.m.
(v) We prohibit hunting within 100
feet (30 meters (m)) of the maintained
rights-of-way of roads and from or
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across all-terrain vehicle (ATV) trails.
We prohibit hunting within 50 feet (15
meters (m)) of, or trespassing on,
aboveground oil, gas, or electrical
transmission facilities.
(vi) When hunting migratory game
birds, you may only use dogs to locate,
point, and retrieve.
(vii) We allow ATVs only on trails
designated for their use and marked by
signs (see § 27.31 of this chapter). ATV
trails are closed March 1 through
August 31.
(viii) We allow the incidental take of
coyote, beaver, and feral hog during any
refuge hunt with the weapons legal for
that hunt, subject to applicable State
seasons and regulations.
(2) Upland game hunting. We allow
hunting of quail, squirrel, rabbit,
raccoon, and opossum, and the
incidental take of coyote and beaver, on
designated areas of the refuge subject to
the following conditions:
(i) The conditions set forth at
paragraphs (u)(1)(i), (ii), (iv), (v), (vii),
and (viii) of this section apply.
(ii) You must exit no later than 2
hours after legal shooting hours, unless
participating in authorized hunting after
legal sunset.
(iii) We allow the nighttime hunting
of raccoon and opossum from December
1 to January 31 with the aid of dogs. We
allow hunting of raccoon and opossum
during the daylight hours of rabbit and
squirrel season.
(3) Big game hunting. We allow
hunting of white-tailed deer and turkey,
and the incidental take of feral hog, on
designated areas of the refuge subject to
the following conditions:
(i) The conditions set forth at
paragraphs (u)(1)(i), (ii), (iv), (v), (vii),
and (viii), and (u)(2)(ii) of this section
apply.
(ii) Deer hunters must wear hunter
orange as governed by State deer
hunting regulations in wildlife
management areas.
(iii) We prohibit hunters from placing
stands or hunting from stands on pine
trees with white-painted bands and/or
rings.
(4) Sport fishing. We allow sport
fishing on designated areas of the refuge
subject to the following conditions:
(i) We prohibit leaving boats and
other personal property on the refuge
overnight (see § 27.93 of this chapter).
(ii) You must tend trotlines daily. You
must attach ends of trotlines by a length
of cotton line that extends into the
water.
(iii) Recreational fishing using
commercial gear (slat traps, etc.)
requires a special refuge permit (Special
Use Permit (FWS Form 3–1383–G)),
which is available at the refuge office.
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You must possess and carry the special
refuge permit while fishing using
commercial gear.
(iv) We prohibit the taking of turtle
(see § 27.21 of this chapter).
*
*
*
*
*
■ 13. Amend § 32.38 by:
■ a. Revising paragraphs (a) and (b);
■ b. Redesignating paragraph (e) as
paragraph (g) and paragraph (c) as
paragraph (e);
■ c. Adding new paragraph (c);
■ d. Revising paragraph (d) and newly
redesignated paragraphs (e)(2)(i) and
(e)(3)(i);
■ e. Adding paragraph (f).
The additions and revisions read as
follows:
§ 32.38
Maine.
*
*
*
*
*
(a) Franklin Island National Wildlife
Refuge—(1) Migratory game bird
hunting. We allow hunting of waterfowl
on designated areas of the refuge subject
to the following conditions:
(i) We allow the use of dogs consistent
with State regulations.
(ii) We allow temporary or portable
blinds. We require hunters to remove all
portable or temporary blinds and decoys
from the refuge following each day’s
hunt (see § 27.93 of this chapter).
(2)–(4) [Reserved]
(b) Moosehorn National Wildlife
Refuge—(1) Migratory game bird
hunting. We allow hunting of duck,
goose, American woodcock, and snipe
on designated areas of the refuge subject
to the following conditions:
(i) We allow the use of dogs consistent
with State regulations.
(ii) We allow hunters to enter the
refuge 1 hour before legal shooting
hours, and they must exit the refuge by
1 hour past legal shooting hours.
(iii) We only allow portable or
temporary blinds and decoys that must
be removed from the refuge following
each day’s hunt (see § 27.93 of this
chapter).
(iv) Hunters must retrieve all species
harvested on the refuge.
(2) Upland game hunting. We allow
hunting of bobcat, eastern coyote, ruffed
grouse, snowshoe hare, red fox, gray and
red squirrel, raccoon, skunk, porcupine,
and woodchuck on designated areas of
the refuge subject to the following
conditions:
(i) The conditions set forth at
paragraphs (b)(1)(i), (ii) (except for
hunters pursuing raccoon and coyote at
night), (iii), and (iv) of this section
apply.
(ii) We allow hunting for eastern
coyote, red squirrel, and woodchuck
only from October 1 to March 31.
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(3) Big game hunting. We allow
hunting of black bear, moose, and
white-tailed deer on designated areas of
the refuge subject to the following
conditions:
(i) The conditions set forth at
paragraphs (b)(1)(i), (ii), and (iv) of this
section apply.
(ii) We allow tree stands, blinds, and
ladders to be set up on the opening day
of the archery deer season. Hunters
must clearly label tree stands, blinds, or
ladders left on the refuge overnight with
your State hunting license number and
last name. Hunters must remove tree
stand(s), blind(s), and/or ladder(s) from
the refuge on the last day of the
muzzleloader deer season (see § 27.93 of
this chapter).
(iii) You may hunt black bear, eastern
coyote, and white-tailed deer during the
State archery and firearms deer seasons
on the Baring Division east of State
Route 191.
(iv) We prohibit use of firearms to
hunt bear during the archery deer
season on the Baring Division east of
Route 191. We prohibit the use of
firearms, other than a muzzleloader, to
hunt coyote during the deer
muzzleloader season on the Baring
Division east of Route 191.
(4) Sport fishing. We allow sport
fishing on designated areas of the refuge
subject to the following conditions:
(i) We only allow fishing from 1⁄2 hour
before legal sunrise to 1⁄2 hour after legal
sunset.
(ii) We prohibit trapping fish for use
as bait.
(c) Petit Manan National Wildlife
Refuge—(1) Migratory game bird
hunting. We allow hunting of duck,
goose, seaduck, brant, woodcock, rail,
and snipe on designated areas of the
refuge subject to the following
conditions:
(i) We allow the use of dogs consistent
with State regulations.
(ii) We allow temporary or portable
blinds. We require hunters to remove all
portable or temporary blinds and decoys
from the refuge following each day’s
hunt (see § 27.93 of this chapter).
(2) Upland game hunting. We allow
hunting of ruffed grouse, gray squirrel,
red squirrel, skunk, snowshoe hare, fox,
coyote, porcupine woodchuck, bobcat,
and raccoon on designated areas of the
refuge subject to the following
conditions:
(i) We prohibit the use of dogs for
pursuing game.
(ii) We allow hunting for coyotes, red
squirrel, porcupine, and woodchuck
from November 1 to March 31.
(iii) Hunters must retrieve all species
harvested on the refuge.
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(iv) We prohibit night hunting from 1⁄2
hour after legal sunset until 1⁄2 hour
before legal sunrise the following day.
(3) Big game hunting. We allow
hunting of white-tailed deer and black
bear on designated areas of the refuge
subject to the following conditions:
(i) Petit Manan Point is open only
during the muzzleloader deer season.
(ii) We allow black bear hunting
during the firearm season for whitetailed deer.
(iii) We allow hunters to enter the
refuge 1 hour before legal sunrise, and
they must exit the refuge no later than
1 hour after legal sunset.
(iv) We prohibit the use of dogs when
hunting black bear.
(v) We require hunters to remove all
tree stands, blinds, and ladders from the
refuge on the last day of muzzleloader
deer season (see § 27.93 of this chapter).
(4) [Reserved]
(d) Pond Island National Wildlife
Refuge—(1) Migratory game bird
hunting. We allow hunting of waterfowl
on designated areas of the refuge subject
to the following conditions:
(i) We allow the use of dogs consistent
with State regulations.
(ii) We allow temporary or portable
blinds. We require hunters to remove all
portable or temporary blinds and decoys
from the refuge following each day’s
hunt (see § 27.93 of this chapter).
(2)–(4) [Reserved]
(e) * * *
(2) * * *
(i) The conditions set forth at
paragraphs (e)(1)(i) and (iii) of this
section apply.
*
*
*
*
*
(3) * * *
(i) The conditions as set forth at
paragraphs (e)(1)(i) and (iv) of this
section apply.
*
*
*
*
*
(f) Sunkhaze Meadows National
Wildlife Refuge—(1) Migratory game
bird hunting. We allow hunting of duck,
goose, rail, American woodcock, and
Wilson’s snipe on designated areas of
the refuge subject to the following
conditions:
(i) We allow the use of dogs consistent
with State regulations.
(ii) The hunter must retrieve all
species harvested on the refuge.
(iii) We only allow portable or
temporary blinds and decoys that must
be removed from the refuge following
each day’s hunt (see § 27.93 of this
chapter).
(iv) We allow hunters to enter the
refuge 1 hour before legal shooting
hours, and they must exit the refuge no
later than 1 hour after legal shooting
hours.
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(2) Upland game hunting. We allow
hunting of bobcat, coyote, ruffed grouse,
hare, red fox, gray squirrel, red squirrel,
raccoon, skunk, and woodchuck on
designated areas of the refuge subject to
the following conditions:
(i) The conditions set forth at
paragraphs (f)(1)(i) through (iv) (except
for hunters pursing raccoon or coyote at
night) of this section apply.
(ii) We allow hunting for eastern
coyote, red squirrel, and woodchuck
only from October 1 to March 31.
(3) Big game hunting. We allow
hunting of black bear, moose, wild
turkey, and white-tailed deer on
designated areas of the refuge subject to
the following conditions:
(i) The conditions set forth at
paragraphs (f)(1)(i), (ii), and (iv) of this
section apply.
(ii) We allow tree stands, blinds, and
ladders to be set up on the opening day
of the archery deer season. Hunters
must clearly label tree stands, blinds, or
ladders left on the refuge overnight with
your State hunting license number and
last name. Hunters must remove tree
stand(s), blind(s), and/or ladder(s) from
the refuge on the last day of the
muzzleloader deer season (see § 27.93 of
this chapter).
(4) Sport fishing. We allow sport
fishing on designated areas of the refuge
subject to the following condition: We
prohibit trapping fish for use as bait.
*
*
*
*
*
■ 14. Amend § 32.41 by revising
paragraph (b) to read as follows:
§ 32.41
Michigan.
*
*
*
*
*
(b) Harbor Island National Wildlife
Refuge—(1) Migratory game bird
hunting. We allow hunting of migratory
game birds on designated areas of the
refuge subject to the following
conditions:
(i) Hunters may enter the refuge no
earlier than 1 hour before legal sunrise
and must leave the refuge no later than
1 hour after legal sunset.
(ii) You must remove boats, blinds,
blind materials, stands, decoys, and
other hunting equipment from the
refuge at the end of each day (see
§§ 27.93 and 27.94 of this chapter).
(iii) We allow the use of dogs while
hunting in accordance with Michigan
State regulations, provided the dog is
under the immediate control of the
hunter at all times.
(2) Upland game hunting. We allow
upland game hunting on designated
areas of the refuge subject to the
following conditions:
(i) The conditions set forth at
paragraphs (b)(1)(i) through (iii) of this
section apply.
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(ii) For hunting, you may possess only
approved nontoxic shot shells while in
the field, including shot shells used for
hunting wild turkey (see § 32.2(k)).
(3) Big game hunting. We allow
hunting of big game subject to the
following conditions:
(i) The condition set forth at
paragraph (b)(1)(i) of this section
applies.
(ii) We prohibit dogs for big game
hunting.
(iii) Deer hunters may place one
portable stand or blind on the refuge for
use while deer hunting, but only during
the open deer season. The stand must be
clearly labeled with the hunter’s
Michigan license/sportsmen’s
identification number. The stand must
be removed by the end of the season
(see §§ 27.93 and 27.94 of this chapter).
(4) Sport fishing. We allow sport
fishing on designated areas of the refuge
subject to the following condition: We
prohibit the taking of any mussel (clam),
crayfish, leech, frog, toad, salamander,
snake, lizard, turtle, and other non-fish
species by any method on the refuge
(see § 27.21 of this chapter).
*
*
*
*
*
■ 15. Amend § 32.42 by revising
paragraphs (p)(1) introductory text,
(p)(1)(v), and (p)(2)(ii) to read as
follows:
§ 32.42
Minnesota.
*
*
*
*
*
(p) * * *
(1) Migratory game bird hunting. We
allow hunting of goose, duck,
merganser, coot, Sora/Virginia rail,
woodcock, snipe, common moorhen/
gallinule, mourning dove, and American
crow on designated areas of the refuge
subject to the following conditions:
*
*
*
*
*
(v) You may only hunt American
crow from September 1 through the end
of February within the migratory bird
hunting area. We prohibit hunting from
March 1 through August 31.
*
*
*
*
*
(2) * * *
(ii) We allow spring turkey hunting
for youth hunters and persons with
disabilities, and fall turkey hunting for
all hunters, on designated areas of the
refuge.
*
*
*
*
*
■ 16. Amend § 32.43 by:
■ a. Revising paragraphs (b)(1)(iv),
(b)(3)(i), (c)(1)(iv), and (c)(2)(ii);
■ b. Removing paragraph (c)(2)(iii);
■ c. Revising paragraph (c)(3)(i);
■ d. Removing paragraph (c)(3)(ii);
■ e. Redesignating paragraphs (c)(3)(iii)
through (vii) as paragraphs (c)(3)(ii)
through (vi); and
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f. Revising paragraphs (d), (e)(1)(iii),
(e)(3)(iv), (f)(2)(iii), (g)(1)(iii), (h)(1)(iii),
(h)(3)(iv), (i)(1)(iii), (i)(3)(iv), (j),
(l)(1)(iv), (l)(2)(i), (l)(3)(i), (m)(1)(iii), and
(m)(3)(iv).
The revisions read as follows:
■
§ 32.43
Mississippi.
khammond on DSKJM1Z7X2PROD with RULES2
*
*
*
*
*
(b) * * *
(1) * * *
(iv) Each hunter must obtain a daily
Harvest Report (FWS Form 3–2542).
You must display the card in plain view
on the dashboard of your vehicle so that
the State-issued license number is
readable. Prior to leaving the refuge, you
must complete the reverse side of the
card and deposit it at one of the refuge
information stations. Include all game
harvested, and if you harvest no game,
report ‘‘0.’’ We prohibit hunters
possessing more than one Harvest
Report at a time.
*
*
*
*
*
(3) * * *
(i) The conditions set forth at
paragraphs (b)(1)(i), (ii), (iv), and (vi) of
this section apply.
*
*
*
*
*
(c) * * *
(1) * * *
(iv) Each hunter must obtain a daily
Harvest Report (FWS Form 3–2542).
You must display the card in plain view
on the dashboard of your vehicle so that
the State-issued license number is
readable. Prior to leaving the refuge, you
must complete the card and deposit it
at one of the refuge information stations.
Include all game harvested, and if you
harvest no game, report ‘‘0.’’ We
prohibit hunters possessing more than
one Harvest Report at a time.
*
*
*
*
*
(2) * * *
(ii) The conditions set forth at
paragraphs (c)(1)(i), (ii), (iv), (v), and (ix)
of this section apply.
(3) * * *
(i) The conditions set forth at
paragraphs (c)(1)(i), (ii), (iv), (v), and (ix)
of this section apply.
*
*
*
*
*
(d) Grand Bay National Wildlife
Refuge—(1) Migratory game bird
hunting. We allow hunting of goose,
duck, coot, and dove (mourning and
white-winged) on designated areas of
the refuge subject to the following
conditions:
(i) Each hunter must possess and
carry a signed copy of the refuge
brochure while participating in refuge
hunts.
(ii) Hunters must remove all decoys,
blind material, and harvested waterfowl
from the refuge at the end of each day’s
hunt (see § 27.93 of this chapter).
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20:40 Aug 30, 2021
Jkt 253001
(iii) You must only use portable or
temporary blinds.
(iv) We only allow the use of dogs
when waterfowl hunting. We require all
dogs to wear a collar displaying the
owner’s contact information.
(v) We allow incidental take of coyote
and nutria during any refuge hunt with
the weapons legal for that hunt, subject
to applicable State seasons and
regulations.
(2) Upland game hunting. We allow
hunting of squirrel (gray and fox) and
rabbit (cottontail and swamp), and
incidental take of coyote and nutria, on
designated areas of the refuge subject to
the following conditions:
(i) The conditions set forth at
paragraphs (d)(1)(i) and (v) of this
section apply.
(ii) We only allow .22 caliber rimfire
rifles.
(3) Big game hunting. We allow
hunting of white-tailed deer, and
incidental take of feral hog, on
designated areas of the refuge subject to
the following conditions:
(i) The conditions set forth at
paragraphs (d)(1)(i) and (v) of this
section apply.
(ii) We only allow hunting with bow
and arrow. We prohibit firearms.
(iii) We allow portable and climbing
tree stands. Hunters must remove tree
stands from the refuge at the end of each
day’s hunt (see § 27.93 of this chapter).
(iv) We prohibit organized deer
drives. We define a ‘‘deer drive’’ as an
organized or planned effort to pursue,
drive, chase, or otherwise frighten or
cause deer to move in the direction of
any person(s) who is part of the
organized or planned hunt and known
to be waiting for the deer.
(4) Sport fishing. We allow sport
fishing on designated areas of the refuge
subject to the following conditions:
(i) Anglers may enter the refuge no
earlier than 30 minutes prior to sunrise
and must leave the refuge no later than
30 minutes after legal sunset each day.
(ii) We prohibit fishing from legal
sunset to legal sunrise.
(e) * * *
(1) * * *
(iii) Before hunting or fishing, all
participants must display their Daily
Visitor Information/Harvest Report Card
(Harvest Report, FWS Form 3–2542) in
plain view in their vehicle so that the
State-issued license number is readable.
You must return all cards upon
completion of the activity and before
leaving the refuge.
*
*
*
*
*
(3) * * *
(iv) The refuge brochure provides deer
check station locations and
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48869
requirements. Prior to leaving the
refuge, you must check all harvested
deer at the nearest self-service check
station (Harvest Report, FWS Form 3–
2542) following the posted instructions.
*
*
*
*
*
(f) * * *
(2) * * *
(iii) Before hunting or fishing, all
participants must display their Daily
Visitor Information/Harvest Report Card
(Harvest Report, FWS Form 3–2542) in
plain view in their vehicle so that the
required information is readable. You
must return all cards upon completion
of the activity and before leaving the
refuge.
*
*
*
*
*
(g) * * *
(1) * * *
(iii) Before hunting or fishing, all
participants must display their Daily
Visitor Information/Harvest Report Card
(Harvest Report, FWS Form 3–2542) in
plain view in their vehicle so that the
required information is readable. You
must return all cards upon completion
of the activity and before leaving the
refuge.
*
*
*
*
*
(h) * * *
(1) * * *
(iii) Before hunting or fishing, all
participants must display their Daily
Visitor Information/Harvest Report Card
(Harvest Report, FWS Form 3–2542) in
plain view in their vehicle so that the
required information is readable. You
must return all cards upon completion
of the activity and before leaving the
refuge.
*
*
*
*
*
(3) * * *
(iv) The refuge brochure provides deer
check station locations and
requirements. Prior to leaving the
refuge, you must check all harvested
deer at the nearest self-service check
station (Harvest Report, FWS Form 3–
2542) following the posted instructions.
*
*
*
*
*
(i) * * *
(1) * * *
(iii) Before hunting or fishing, all
participants must display their Daily
Visitor Information/Harvest Report Card
(Harvest Report, FWS Form 3–2542) in
plain view in their vehicle so that the
required information is readable. You
must return all cards upon completion
of the activity and before leaving the
refuge.
*
*
*
*
*
(3) * * *
(iv) The refuge brochure provides deer
check station locations and
requirements. Prior to leaving the
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refuge, you must check all harvested
deer at the nearest self-service check
station (Harvest Report, FWS Form 3–
2542) following the posted instructions.
*
*
*
*
*
(j) Sam D. Hamilton Noxubee
National Wildlife Refuge—(1) Migratory
game bird hunting. We allow hunting of
duck, light and dark goose, merganser,
woodcock, crow, gallinule (purple and
common), snipe, and coot on designated
areas of the refuge subject to the
following conditions:
(i) Hunters and anglers must purchase
a North Mississippi Refuge Complex
Hunting/Fishing Permit (#606),
available from the Mississippi
Department of Wildlife, Fisheries, and
Parks (MDWFP).
(ii) Youth hunters age 15 and younger
and hunters age 65 and older are not
required to obtain a North Mississippi
Refuge Complex Hunting/Fishing
Permit (#606).
(iii) Hunters must remove all decoys,
blind material, and harvested game from
the refuge by 1 p.m. each day (see
§§ 27.93 and 27.94 of this chapter).
(iv) Hunters may enter the refuge at 4
a.m. and must exit the refuge no later
than 2 hours after legal sunset, except
during raccoon hunts. Waterfowl
hunters must exit the refuge no later
than 1 p.m.
(v) Each hunter must obtain a daily
Harvest Report (FWS Form 3–2542).
Hunters must display the card in plain
view on the dashboard of the vehicle.
Prior to leaving the refuge, hunters must
complete the card and deposit it at one
of the refuge information stations.
Hunters must include all game
harvested and if you harvest no game,
report ‘‘0’’. We prohibit hunters
possessing more than one Harvest
Report at a time.
(vi) We limit waterfowl hunters to 25
shotshells per person.
(vii) Hunters must remove all
personal property at the end of each
day’s hunt from the Noxubee
Wilderness Area (see §§ 27.93 and 27.94
of this chapter). Outside the Noxubee
Wilderness Area, hunters may leave tree
stands labeled with the hunter’s State
hunting license number used for deer
hunting.
(viii) We allow hunting of waterfowl
(duck, light and dark goose, merganser,
coot, and gallinule) during State
seasons, including the State Light Goose
Conservation Order, only on Wednesday
and Saturdays ending at 12 p.m.
(ix) We allow the use of dogs for
retrieval of migratory and upland game
only.
(x) We allow incidental take of coyote,
beaver, nutria, skunk, fox, and feral hog
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during any refuge hunt with the
weapons legal for that hunt, subject to
applicable State seasons and
regulations.
(2) Upland game hunting. We allow
hunting of squirrel, rabbit, quail,
opossum, and raccoon, and incidental
take of coyote, fox, skunk, beaver, and
nutria, on designated areas of the refuge
subject to the following conditions:
(i) The conditions set forth at
paragraphs (j)(1)(i), (ii), (iv), (v), (vii),
(ix), and (x) of this section apply.
(ii) We allow raccoon and opossum
hunting between the hours of legal
sunset and legal sunrise.
(3) Big game hunting. We allow
hunting of white-tailed deer turkey, and
incidental take of feral hog, on
designated areas of the refuge subject to
the following conditions:
(i) The conditions set forth at
paragraphs (j)(1)(i), (ii), (iv), (v), (vii),
and (x) of this section apply.
(ii) We prohibit the use of buckshot
on the refuge.
(iii) We prohibit organized deer
drives. We define a ‘‘deer drive’’ as an
organized or planned effort to pursue,
drive, chase, or otherwise frighten or
cause deer to move in the direction of
any person(s) who is part of the
organized or planned hunt and known
to be waiting for the deer.
(iv) You may place one portable tree
stand or ground blind for deer hunting
on the refuge only during the open deer
season. You must clearly label the stand
or blind with your State hunting license
number.
(v) While climbing a tree, installing a
tree stand that uses climbing aids, or
hunting from a tree stand on the refuge,
you must use a fall-arrest system (full
body harness) that is manufactured to
the Treestand Manufacturer’s
Association standards.
(vi) Hunters may place deer stands on
the refuge 7 days prior to the hunt, and
hunters must remove deer stands no
more than 7 days after the refuge’s deer
season closes (see § 27.93 of this
chapter).
(4) Sport fishing. We allow sport
fishing on designated areas of the refuge
subject to the following conditions:
(i) The general sport fishing, boating,
and bow fishing season extends from
March 1 through October 31, except that
we open the shoreline of Bluff Lake
from the Bluff Lake Boardwalk to the
visitor center, the entire Noxubee River,
and all borrow pit areas along Highway
25 to fishing year-round.
(ii) The condition set forth at
paragraph (j)(1)(i) of this section applies.
(iii) Anglers must keep boat travel at
idle speed, and they must not create a
wake when moving.
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(iv) When left unattended, anglers
must tag fishing gear with their State
fishing license number. Anglers must
check all gear within 24 hours each day
or remove these devices (see § 27.93 of
this chapter).
(v) We allow trotlining on the refuge
subject to the following conditions:
(A) Anglers must label each end of the
trotline floats with the owner’s State
fishing license number.
(B) We limit trotlines to one line per
person, and we allow no more than two
trotlines per boat.
(C) Anglers must tend all trotlines
every 24 hours, and must remove them
when not in use (see § 27.93 of this
chapter).
(D) Trotlines must possess at least 6inch (15.2-centimeter) cotton string
leads.
(vi) We allow jug fishing on the refuge
subject to the following conditions:
(A) Anglers must label each jug with
their State fishing license number.
(B) Anglers must check all jugs every
24 hours, and must remove them when
not in use (see § 27.93 of this chapter).
(vii) We prohibit bow fishing after
legal sunset.
(viii) We prohibit fishing tournaments
on all refuge waters.
(ix) We prohibit the taking of frogs,
turtles, and crawfish (see § 27.21 of this
chapter).
(x) We prohibit using nets of any type
to capture free-roaming fish or wildlife.
You may use a fishing net to recover
fish caught by hook and line.
(xi) Outside the Noxubee Wilderness
Area, anglers may leave trotlines and
jugs used for fishing overnight if they
are labeled with the angler’s State
fishing license number.
*
*
*
*
*
(l) * * *
(1) * * *
(iv) Each hunter must obtain a daily
Harvest Report (FWS Form 3–2542).
You must display the card in plain view
on the dashboard of your vehicle so that
the State-issued license number is
readable. Prior to leaving the refuge, you
must complete the card and deposit it
at one of the refuge information stations.
Include all game harvested, and if you
harvest no game, report ‘‘0.’’ We
prohibit hunters possessing more than
one Harvest Report at a time.
*
*
*
*
*
(2) * * *
(i) The conditions set forth at
paragraphs (l)(1)(i), (ii), (iv), (v), and (ix)
of this section apply.
*
*
*
*
*
(3) * * *
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(i) The conditions set forth at
paragraphs (l)(1)(i), (ii), and (iv) of this
section apply.
*
*
*
*
*
(m) * * *
(1) * * *
(iii) Before hunting or fishing, all
participants must display their Daily
Visitor Information/Harvest Report Card
(Harvest Report, FWS Form 3–2542) in
plain view in their vehicle so that the
required information is readable. You
must return all cards upon completion
of the activity and before leaving the
refuge.
*
*
*
*
*
(3) * * *
(iv) The refuge brochure provides deer
check station locations and
requirements. Prior to leaving the
refuge, you must check all harvested
deer at the nearest self-service check
station (Harvest Report, FWS Form 3–
2542) following the posted instructions.
*
*
*
*
*
■ 17. Amend § 32.44 by revising
paragraphs (b)(3)(i), (f)(2)(iii), and
(f)(3)(ii) to read as follows:
§ 32.44
Missouri.
khammond on DSKJM1Z7X2PROD with RULES2
*
*
*
*
*
(b) * * *
(3) * * *
(i) You must register at the hunter
sign-in/out station and record the sex
and age of deer harvested on the Harvest
Report (FWS Form 3–2542).
*
*
*
*
*
(f) * * *
(2) * * *
(iii) We require that all hunters
complete a Harvest Report (FWS Form
3–2542) located at the exit kiosks prior
to exiting the refuge.
*
*
*
*
*
(3) * * *
(ii) We require that all hunters
complete the Harvest Report (FWS Form
3–2542) located at the exit kiosks prior
to exiting the refuge.
*
*
*
*
*
■ 18. Amend § 32.45 by:
■ a. Revising paragraph (f)(3)
introductory text;
■ b. Adding paragraph (f)(3)(iv);
■ c. Removing paragraph (q);
■ d. Redesignating paragraphs (r)
through (y) as paragraphs (q) through
(x);
■ e. Revising newly redesignated
paragraph (w)(3) introductory text; and
■ f. Adding paragraph (w)(3)(iv).
The revisions and additions read as
follows:
§ 32.45
*
*
Montana.
*
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*
*
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Jkt 253001
(f) * * *
(3) Big game hunting. We allow
hunting of elk, pronghorn, white-tailed
deer, mule deer, and mountain lion on
designated areas of the refuge subject to
the following conditions:
*
*
*
*
*
(iv) Mountain lion hunting will follow
State-established dates for the archeryonly and fall seasons.
*
*
*
*
*
(w) * * *
(3) Big game hunting. We allow
hunting of elk, pronghorn, white-tailed
deer, mule deer, and mountain lion on
designated areas of the refuge subject to
the following conditions:
*
*
*
*
*
(iv) Mountain lion hunting will follow
State-established dates for the archeryonly and fall seasons.
*
*
*
*
*
■ 19. Amend § 32.47 by adding
paragraphs (b)(1) and (2) to read as
follows:
§ 32.47
Nevada.
*
*
*
*
*
(b) * * *
(1) Migratory game bird hunting. We
allow hunting of dove on designated
areas of the refuge subject to the
following conditions:
(i) We allow hunting on designated
days.
(ii) You may not possess more than 25
shot shells while in the field once you
have left your vehicle.
(2) Upland game hunting. We allow
hunting of chukar and quail on
designated areas of the refuge subject to
the following condition: The conditions
set forth at paragraphs (b)(1)(i) and (ii)
of this section apply.
*
*
*
*
*
■ 20. Amend § 32.48 by revising
paragraph (b) to read as follows:
§ 32.48
New Hampshire.
*
*
*
*
*
(b) Silvio O. Conte National Fish and
Wildlife Refuge—(1) Migratory game
bird hunting. We allow hunting of duck,
goose, coot, common snipe, and
American woodcock on designated
areas of the refuge subject to the
following condition: We allow the use
of dogs consistent with State
regulations, except hunters using more
than two dogs must possess a Special
Use Permit (FWS Form 3–1383–G)
issued by the refuge manager.
(2) Upland game hunting. We allow
hunting of coyote, fox, raccoon,
woodchuck, red squirrel, eastern gray
squirrel, porcupine, skunk, crow,
snowshoe hare, muskrat, opossum,
fisher, mink, weasel, ring-necked
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pheasant, and ruffed grouse on
designated areas of the refuge subject to
the following conditions:
(i) We allow the use of dogs consistent
with State regulations, except hunters
using more than two dogs must possess
a Special Use Permit (FWS Form 3–
1383–G) issued by the refuge manager.
(ii) We allow the training of dogs as
governed by State regulations during
daylight hours beginning August 1, if
the trainer possesses a Special Use
Permit (FWS Form 3–1383–G) issued by
the refuge manager.
(3) Big game hunting. We allow
hunting of white-tailed deer, moose,
black bear, and wild turkey on
designated areas of the refuge subject to
the following conditions:
(i) The conditions set forth at
paragraphs (b)(2)(i) and (ii) of this
section apply.
(ii) We allow tree stands and blinds
that are clearly marked with the owner’s
State hunting license number.
(iii) You must remove your tree
stand(s) and blind(s) no later than 72
hours after the close of the season (see
§ 27.93 of this chapter).
(4) Sport fishing. We allow sport
fishing on designated areas of the
refuge.
*
*
*
*
*
■ 21. Amend § 32.49 by:
■ a. Revising paragraphs (a), (c), (d), and
(e)(2)(ii);
■ b. Adding paragraph (e)(3)(iii); and
■ c. Revising paragraphs (e)(4)
introductory text and (e)(4)(i) and (iv).
The revisions and addition read as
follows:
§ 32.49
New Jersey.
*
*
*
*
*
(a) Cape May National Wildlife
Refuge—(1) Migratory game bird
hunting. We allow hunting of light
goose, dark goose, duck, sea duck,
gallinule, coot, rail, snipe, crow, and
woodcock on designated areas of the
refuge subject to the following
conditions:
(i) We allow the use of dogs consistent
with State regulations.
(ii) The snipe and crow season on the
refuge begins with the start of the State
woodcock south zone season and
continues through the end of the State
snipe and crow seasons.
(iii) We prohibit falconry.
(iv) We prohibit night hunting from 1⁄2
hour after legal sunset until 1⁄2 hour
before legal sunrise the following day.
(2) Upland game hunting. We allow
hunting of coyote, fox, woodchuck,
rabbit, squirrel, and pheasant on
designated areas of the refuge subject to
the following conditions:
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(i) The conditions set forth at
paragraphs (a)(1)(i), (iii), and (iv) of this
section apply.
(ii) We allow woodchuck hunting
from the beginning of the State
woodcock south zone season until the
end of the State rabbit season.
(iii) Coyote, fox, rabbit, squirrel, and
pheasant seasons open at the beginning
of the State woodcock south zone
season and close in accordance with the
State seasons for each species.
(3) Big game hunting. We allow
hunting of white-tailed deer and turkey
on designated areas of the refuge subject
to the following conditions:
(i) The conditions set forth at
paragraphs (a)(1)(i), (iii), and (iv) of this
section apply.
(ii) Tree stands must be marked with
the owner’s New Jersey conservation
identification number.
(iii) We allow turkey hunting during
the State fall season.
(iv) We require the use of nontoxic
ammunition for turkey hunting.
(4) Sport fishing. We allow saltwater
sport fishing on designated areas of the
refuge subject to the following
conditions:
(i) We allow fishing from 1 hour
before legal sunrise to 1 hour after legal
sunset.
(ii) We close the Atlantic Ocean
portion of the Two Mile Beach Unit
annually to all access, including fishing,
between April 1 and September 30.
(iii) We prohibit fishing for, or
possession of, crab or shellfish on refuge
lands.
*
*
*
*
*
(c) Great Swamp National Wildlife
Refuge—(1) Migratory game bird
hunting. We allow hunting of Canada
goose on designated areas of the refuge
subject to the following conditions:
(i) We allow the use of dogs consistent
with State regulations.
(ii) Hunters must obtain a refuge hunt
permit (FWS Form 3–2439), and possess
the signed refuge permit at all times
while hunting or scouting on the refuge.
(2) Upland game hunting. We allow
hunting of coyote and fox on designated
areas of the refuge subject to the
following condition: We only allow the
incidental take of coyote and fox during
the refuge deer and turkey hunts.
(3) Big game hunting. We allow
hunting of white-tailed deer and wild
turkey on designated areas of the refuge
subject to the following conditions:
(i) We require the use of nontoxic shot
while hunting wild turkey.
(ii) We allow hunters to use sleds to
retrieve deer in the Wilderness Area east
of Long Hill/New Vernon Road. We
prohibit wheeled game carriers in the
Wilderness Area.
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(iii) We prohibit organized deer
drives. We define a ‘‘deer drive’’ as an
organized or planned effort to pursue,
drive, chase, or otherwise frighten or
cause deer to move in the direction of
any person(s) who is part of the
organized or planned hunt and known
to be waiting for the deer.
(4) [Reserved]
(d) Supawna Meadows National
Wildlife Refuge—(1) Migratory game
bird hunting. We allow hunting of light
goose, dark goose, duck, sea duck,
gallinule, coot, crow, rail, and snipe on
designated areas of the refuge subject to
the following conditions:
(i) We allow the use of dogs consistent
with State regulations.
(ii) We prohibit falconry.
(iii) We prohibit night hunting from
1⁄2 hour after legal sunset until 1⁄2 hour
before legal sunrise the following day.
(2) Upland game hunting. We allow
hunting of coyote, fox, woodchuck,
rabbit, squirrel, and pheasant on
designated areas of the refuge subject to
the following conditions:
(i) We allow woodchuck hunting only
during the State coyote and fox seasons.
(ii) The conditions set forth at
paragraphs (d)(1)(ii) and (iii) of this
section apply.
(3) Big game hunting. We allow
hunting of white-tailed deer and turkey
on designated areas of the refuge subject
to the following conditions:
(i) The conditions set forth at
paragraphs (d)(1)(i) through (iii) of this
section apply.
(ii) We require the use of nontoxic
ammunition for turkey hunting.
(iii) We allow archery hunting for
white-tailed deer during all six State
Deer Management Zone 63 seasons and
on youth hunting days.
(4) Sport fishing. We allow sport
fishing on designated areas of the refuge
subject to the following conditions:
(i) We prohibit the taking of frogs and
turtles from all nontidal waters and
refuge lands (see § 27.21 of this chapter).
(ii) We allow fishing in designated
nontidal waters from 1 hour before legal
sunrise to 1 hour after legal sunset.
(iii) We prohibit bow fishing in
nontidal waters.
(iv) We prohibit fishing for, or
possession of, crab and shellfish on
refuge lands.
(e) * * *
(2) * * *
(ii) We prohibit night hunting from 1⁄2
hour after legal sunset until 1⁄2 hour
before legal sunrise the following day.
(3) * * *
(iii) We require the use of nontoxic
ammunition for turkey hunting.
(4) Sport fishing. We allow sport
fishing on designated areas of the refuge
subject to the following conditions:
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(i) At Owens Station Crossing and
Hidden Ponds fishing areas, we allow
catch-and-release fishing only.
*
*
*
*
*
(iv) We prohibit minnow and bait
trapping.
■ 22. Amend § 32.50 by:
■ a. Redesignating paragraph (b)(3)(iii)
as paragraph (b)(3)(iv);
■ b. Adding new paragraphs (b)(3)(iii)
and (v); and
■ c. Revising paragraphs (c) and
(f)(1)(iv).
The additions and revisions read as
follows:
§ 32.50
New Mexico.
*
*
*
*
*
(b) * * *
(3) * * *
(iii) We allow hunting of bearded Rio
Grande turkey on the Bajada Hunt Unit,
East Hunt Unit, and West Hunt Unit
during the general spring turkey season
only, as defined by the State. You may
take bearded Rio Grande turkey only
with a method allowed within each
refuge hunt unit.
*
*
*
*
*
(v) In the Bajada Hunt Unit, we
restrict the methods of take to bow and
arrow, crossbow, and muzzleloader or
muzzleloading shotguns only, as
defined by the State. In the East Hunt
Unit and West Hunt Unit, we allow any
legal weapon during State big game
hunting designated dates.
*
*
*
*
*
(c) Las Vegas National Wildlife
Refuge—(1) Migratory game bird
hunting. We allow hunting of mourning
and white-winged dove and goose on
designated areas of the refuge subject to
the following conditions:
(i) We allow the use of dogs when
hunting.
(ii) Hunters must possess a permit
(FWS Form 3–2439).
(iii) We allow the hunting of dove
from September 1 to September 30.
(iv) We allow the hunting of goose on
dates to be determined by refuge staff.
(v) Shooting hours for geese are from
1⁄2 hour before legal sunrise until 1 p.m.
local time.
(vi) We assign an aggregate bag limit
for geese.
(vii) We prohibit falconry on the
refuge.
(2) Upland game hunting. We allow
hunting of Eurasian collared-dove,
desert cottontail, and Eastern cottontail
on designated areas of the refuge subject
to the following conditions:
(i) The conditions set forth at
paragraphs (c)(1)(i), (ii), and (vii) of this
section apply.
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(ii) We allow the hunting of Eurasian
collared-dove and cottontail rabbits
from September 1 to September 30.
(iii) We allow only shotgun,
muzzleloading shotgun firing shot, bow
and arrow, and crossbow for hunting.
(3) Big game hunting. We allow youth
elk hunts on designated areas of the
refuge subject to the following
conditions:
(i) Hunters must attend a refuge
hunter orientation before hunting on the
refuge.
(ii) Hunters may be accompanied by
a maximum of two non-hunting guests.
(iii) Hunters are assigned a hunt unit.
(4) [Reserved]
*
*
*
*
*
(f) * * *
(1) * * *
(iv) In Units A and B, the Cornerstone
Marsh Unit and Pintail blind, we
require a Mobility-Impaired
Certification (per Mobility-Impaired
Certification in the State hunting rules
and information pamphlet).
*
*
*
*
*
■ 23. Amend § 32.51 by:
■ a. Revising paragraphs (c)(1)(ii)(E), (d),
(i)(2) introductory text, and (i)(2)(ii);
■ b. Adding paragraph (i)(3)(iii); and
■ c. Revising paragraphs (i)(4)(i), (iii),
and (iv).
The revisions and addition read as
follows:
§ 32.51
New York.
khammond on DSKJM1Z7X2PROD with RULES2
*
*
*
*
*
(c) * * *
(1) * * *
(ii) * * *
(E) We allow hunting from legal
starting time until 12 p.m. (noon). We
require hunters to return a completed
Harvest Report (FWS Form 3–2542) no
later than 1 p.m. on the day of the hunt.
*
*
*
*
*
(d) Montezuma National Wildlife
Refuge—(1) Migratory game bird
hunting. We allow hunting of
waterfowl, Canada goose, snow goose,
and gallinule on designated areas of the
refuge subject to the following
conditions:
(i) We allow the use of dogs consistent
with State regulations.
(ii) For the regular waterfowl season
and October through January season for
Canada goose:
(A) We require daily refuge permits
(FWS Form 3–2542) and reservations;
we issue permits to hunters with a
reservation for that hunt day. Permits
may become available on a first-come/
first-served, self-serve basis during New
York State’s second split, subject to
hunting conditions and the refuge
manager’s discretion. We require you to
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complete and return your permit by the
end of the hunt day.
(B) We allow hunting only on
Tuesdays, Thursdays, and Saturdays
during the established refuge season set
within the State western zone season,
and during New York State’s established
special hunts, which can occur any day
of the week as set by the State.
(C) All hunters with reservations and
their hunting companions must checkin at the Route 89 Hunter Check Station
area at least 1 hour before legal shooting
time or forfeit their reservation.
(D) We allow motorless boats to hunt
waterfowl. We limit hunters to one boat
per reservation and one motor vehicle in
the hunt area per reservation. Hunters
may enter the refuge/Hunter Check
Station area no earlier than 2 hours
before legal sunrise.
(E) We prohibit shooting from within
500 feet (152 meters) of the Tschache
Pool observation tower.
(F) We require proof of successful
completion of the New York State
waterfowl identification course, the
Montezuma nonresident waterfowl
identification course, or a suitable
nonresident State waterfowl
identification course. All hunters must
show proof of successful course
completion each time they hunt.
(G) You may hunt gallinule and
Canada goose on refuge areas designated
for the regular waterfowl season only
during the regular waterfowl season.
(iii) For Canada goose in September
and snow goose hunting:
(A) We allow hunting of Canada goose
during the New York State September
season and hunting of snow goose
during portions of the New York State
snow goose season and portions of the
period covered by the Light Goose
Conservation Order.
(B) You must possess a valid daily
hunt permit (FWS Form 3–2542). We
require you to complete and return the
daily hunt permit card by the end of the
hunt day.
(C) For snow goose hunting, hunters
may enter the refuge/Hunter Check
Station area no earlier than 4 hours
before legal sunrise. For Canada goose
hunting, hunters may enter the refuge/
Hunter Check Station area no earlier
than 2 hours before legal sunrise.
(2) Upland game hunting. We allow
hunting of rabbit and squirrel on
designated areas of the refuge subject to
the following conditions:
(i) The condition set forth at
paragraph (d)(1)(i) of this section
applies.
(ii) You must possess a valid daily
hunt permit (FWS Form 3–2542) and are
required to complete and return the
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48873
daily hunt permit card by the end of
each hunt day.
(iii) We allow upland game hunters to
access the refuge from 2 hours before
legal sunrise until 2 hours after legal
sunset.
(iv) We require the use of approved
nontoxic shot for upland game hunting
(see § 32.2(k)).
(3) Big game hunting. We allow
hunting of white-tailed deer and wild
turkey on designated areas of the refuge
subject to the following conditions:
(i) The condition set forth at
paragraph (d)(1)(i) of this section
applies.
(ii) You must possess a valid daily
hunt permit (FWS Form 3–2542). We
require you to complete and return the
daily hunt permit card by the end of the
hunt day.
(iii) We allow white-tailed deer and
turkey hunters to access the refuge from
2 hours before legal sunrise until 2
hours after the end of legal shooting
time.
(iv) We allow youth and special big
game hunts during New York State’s
established youth and special big game
hunts each year.
(4) Sport fishing. We allow access for
fishing from designated areas of the
refuge subject to the following
condition: We prohibit the use of lead
fishing tackle.
*
*
*
*
*
(i) * * *
(2) Upland game hunting. We allow
hunting of rabbit/hare, gray/black/fox
squirrel, pheasant, jackrabbit, chukar,
woodchuck, bobwhite quail, ruffed
grouse, crow, red/gray fox, coyote,
bobcat, raccoon, skunk, mink, weasel,
and opossum on designated areas of the
refuge subject to the following
conditions:
*
*
*
*
*
(ii) We prohibit night hunting from 1⁄2
hour after legal sunset until 1⁄2 hour
before legal sunrise the following day.
(3) * * *
(iii) We require nontoxic ammunition
while hunting turkey.
(4) * * *
(i) At Owens Station Crossing and
Hidden Ponds fishing areas, we allow
catch-and-release fishing only.
*
*
*
*
*
(iii) We prohibit the taking of
amphibians and reptiles (see § 27.21 of
this chapter).
(iv) We prohibit minnow and bait
trapping.
*
*
*
*
*
■ 24. Amend § 32.52 by:
■ a. Revising paragraph (d);
■ b. Adding paragraph (e)(1); and
■ c. Revising paragraph (e)(3).
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The revisions and addition read as
follows:
§ 32.52
North Carolina.
*
*
*
*
*
(d) Great Dismal Swamp National
Wildlife Refuge. Refer to § 32.65(g) for
regulations.
(e) * * *
(1) Migratory game bird hunting. We
allow hunting of swan, light and dark
goose, duck, merganser, coot, moorhen,
and gallinule on designated areas of the
refuge subject to the following
conditions:
(i) We require a North Carolina
Waterfowl Hunt Permit or a signed
refuge hunt brochure that must be
carried while hunting on the refuge.
(ii) Hunters must hunt from their
assigned blind location.
(iii) We allow hunting from 1⁄2 hour
before legal sunrise to 4:20 p.m. (as
governed by County regulations).
(iv) We allow hunters to access the
refuge 11⁄2 hours before legal shooting
time until 5:20 p.m.
(v) We allow incidental take of coyote
and feral hog while hunting.
*
*
*
*
*
(3) Big game hunting. We allow
hunting of deer, and incidental take of
feral hog, on designated areas of the
refuge subject to the following
conditions:
(i) We require a signed refuge hunt
brochure that hunters must sign and
carry while hunting on the refuge.
(ii) We allow the use of shotguns,
muzzleloading rifles/shotguns, pistols,
crossbows, and bows. We prohibit the
use of all other rifles.
(iii) We allow access to hunting areas
from 5 a.m. until 8 p.m.
(iv) We prohibit carrying a loaded
firearm on or within 50 feet (15 meters)
of gravel roads.
(v) The condition set forth at
paragraph (e)(1)(v) of this section
applies.
*
*
*
*
*
■ 25. Amend § 32.53 by:
■ a. Removing paragraph (e)(3)(i);
■ b. Redesignating paragraphs (e)(3)(ii)
and (iii) as paragraphs (e)(3)(i) and (ii);
and
■ c. Revising the heading of paragraph
(k).
The revision reads as follows:
khammond on DSKJM1Z7X2PROD with RULES2
§ 32.53
North Dakota.
*
*
*
*
*
(k) Canfield Lake National Wildlife
Refuge.
*
*
*
*
*
■ 26. Amend § 32.55 by:
■ a. Revising paragraphs (a)(1)(i),
(a)(3)(i), (b)(1)(iii), (b)(2)(iii), (b)(3)(vi),
(d)(2)(i), and (f)(1)(i) and (ii);
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b. Removing paragraph (f)(1)(iv);
c. Redesignating paragraphs (f)(1)(v)
through (vii) as paragraphs (f)(1)(iv)
through (vi); and
■ d. Revising paragraphs (f)(2)
introductory text, (f)(2)(i), (f)(3)(i) and
(ii), (f)(4), (g)(1)(ii), (g)(4)(ii), (i)(1)(i),
(j)(1)(i), and (j)(4).
The revisions read as follows:
■
■
§ 32.55
Oklahoma.
*
*
*
*
*
(a) * * *
(1) * * *
(i) You must possess and carry a
signed refuge hunt brochure.
*
*
*
*
*
(3) * * *
(i) You must possess and carry a
signed refuge hunt brochure for the
archery deer hunt. Hunters must turn in
a Harvest Report (FWS Form 3–2542) by
December 31 annually. Failure to
submit the report will render the hunter
ineligible for the next year’s limited
season archery deer hunt.
*
*
*
*
*
(b) * * *
(1) * * *
(iii) You must possess and carry a
signed refuge hunt brochure while
hunting.
*
*
*
*
*
(2) * * *
(iii) You may take beaver, raccoon,
and coyote as incidental take to any
daytime established refuge hunt with
legal weapons and a signed hunt
brochure for the current hunt season.
*
*
*
*
*
(3) * * *
(vi) You may hunt feral hog during
any established refuge hunting season.
Signed refuge hunt brochure and legal
weapons apply for the current hunting
season.
*
*
*
*
*
(d) * * *
(2) * * *
(i) You must possess and carry a
signed refuge hunt brochure.
*
*
*
*
*
(f) * * *
(1) * * *
(i) You must possess and carry a
signed refuge hunt brochure.
(ii) We open the refuge to hunting
only on Saturdays, Sundays, Mondays,
and Tuesdays. We allow hunters to
enter the Sandtown Bottom Unit or any
portion of Sally Jones Lake beginning at
5 a.m., and hunters must leave the area
by 1 hour after legal sunset.
*
*
*
*
*
(2) Upland game hunting. We allow
hunting of Eastern gray and fox squirrel
and swamp and Eastern cottontail rabbit
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on designated areas of the refuge subject
to the following conditions:
(i) The conditions set forth at
paragraphs (f)(1)(i) through (vi) of this
section apply.
*
*
*
*
*
(3) * * *
(i) The conditions set forth at
paragraphs (f)(1)(i) through (iii) and (vi)
of this section apply.
(ii) We require a limited hunt permit
(State-issued) for controlled hunts for
muzzleloader and archery deer, and for
spring wild turkey hunts.
*
*
*
*
*
(4) Sport fishing. We allow fishing
and frogging on designated areas of the
refuge subject to the following
conditions:
(i) We prohibit fishing or frogging
from September 1 through March 31 in
the waterfowl sanctuary south of refuge
headquarters, as designated by buoys
and signs.
(ii) You must remove setlines
(trotlines, throwlines, juglines,
limblines, yo-yos) from the waterfowl
sanctuary before September 1 (see
§ 27.93 of this chapter).
(iii) The conditions set forth at
paragraphs (f)(1)(v) and (vii) of this
section apply.
(iv) We prohibit the take of reptiles,
amphibians (except bullfrogs), mollusks,
and crayfish (see § 27.21 of this
chapter).
(v) We prohibit the use of setlines in
creeks and tributaries entering the
Arkansas River or Canadian River on the
refuge.
(g) * * *
(1) * * *
(ii) Hunters must possess and carry a
signed hunt brochure.
*
*
*
*
*
(4) * * *
(ii) Anglers may use boats from March
1 through September 30 in designated
waters unless otherwise specified on the
fishing brochure.
*
*
*
*
*
(i) * * *
(1) * * *
(i) We require hunters to carry a
signed refuge hunt brochure while
hunting duck, goose, merganser, and
sandhill crane.
*
*
*
*
*
(j) * * *
(1) * * *
(i) Hunters must possess a current
signed refuge hunt brochure while
hunting on the refuge.
*
*
*
*
*
(4) Sport fishing. We allow fishing on
designated areas of the refuge subject to
the following conditions:
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(i) You may take fish only with pole
and line or rod and reel.
(ii) We prohibit taking of frogs and
turtles (see § 27.21 of this chapter).
(iii) Anglers may use motorized boats
on Elmer Thomas Lake; however, we
enforce a no-wake rule on the lake.
(iv) Anglers may use hand-powered
boats or boats 14 feet or less in length
with an electric trolling motor only on
Elmer Thomas, Jed Johnson, Rush,
Quanah Parker, and French Lakes.
(v) We allow fishing after legal sunset
on the refuge including by boat, but we
prohibit all other boating after legal
sunset.
(vi) We prohibit fishing from public
roadways and bridges opened to
motorized vehicles.
(vii) We allow wading when fishing,
provided that wading anglers must use
tube-type floaters, life jackets, or
buoyant vests.
(viii) We close Kiowa Lake to fishing
except for shoreline fishing associated
with a U.S. Fish and Wildlife Servicesponsored aquatic education program.
■ 27. Amend § 32.56 by:
■ a. Revising paragraphs (k)(1) through
(3), (q)(1)(xi), (t)(1) introductory text,
and (t)(1)(viii);
■ b. Adding paragraph (u)(1); and
■ c. Revising paragraph (u)(3).
The revisions and addition read as
follows:
§ 32.56
Oregon.
khammond on DSKJM1Z7X2PROD with RULES2
*
*
*
*
*
(k) * * *
(1) Migratory game bird hunting. We
allow hunting of dove, goose, duck,
merganser, coot, and snipe on
designated areas of the refuge subject to
the following conditions:
(i) We allow nonmotorized boats or
boats equipped with only electric
motors on the North and South Malheur
Lake Hunt Units.
(ii) We allow only portable and
temporary hunting blinds.
(iii) You must remove boats, decoys,
blinds, materials, and all personal
property at the end of each day’s hunt
(see §§ 27.93 and 27.94 of this chapter).
(iv) You may take Eurasian collareddove only during the State mourning
dove season.
(2) Upland game hunting. We allow
hunting of pheasant, quail, partridge,
chukar, rabbit, hare, and coyote on
designated areas of the refuge.
(3) Big game hunting. We allow
hunting of deer and pronghorn on
designated areas of the refuge subject to
the following conditions:
(i) We allow only short-range
weapons (archery, shotgun, and
muzzleloader) on the Buena Vista Unit.
(ii) Mule deer hunting in the Buena
Vista Unit will close the Friday before
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the opening day of the Oregon
Statewide rooster pheasant season.
*
*
*
*
*
(q) * * *
(1) * * *
(xi) Hunters must check-in and checkout with a refuge representative and
submit a Harvest Report (FWS Form 3–
2542) when checking out.
*
*
*
*
*
(t) * * * (1) Migratory game bird
hunting. We allow hunting of duck and
coot on designated areas of the refuge
subject to the following conditions:
*
*
*
*
*
(viii) Hunters must submit a Harvest
Report (FWS Form 3–2542) at the end
of each day’s hunt.
*
*
*
*
*
(u) * * *
(1) Migratory game bird hunting. We
allow hunting of duck, goose, and coot
on designated areas of the refuge subject
to the following conditions:
(i) We allow only portable and
temporary hunting blinds.
(ii) You must remove all blinds,
decoys, shotshell hulls, and other
personal equipment and garbage from
the refuge at the end of each day’s hunt
(see §§ 27.93 and 27.94 of this chapter).
(iii) Hunters may enter the refuge no
earlier than 2 hours before legal
shooting hours and must exit the refuge
no later than 1 hour after legal shooting
hours.
(iv) We allow the use of dogs when
hunting.
*
*
*
*
*
(3) Big game hunting. We allow deer
and elk hunting on designated areas of
the refuge subject to the following
conditions:
(i) You may harvest only antlerless
elk.
(ii) We require a refuge permit (FWS
Form 3–2439) for hunting elk.
(iii) We prohibit hunting from any
refuge structure, observation blind, or
boardwalk.
(iv) We allow short-range weapons
only. We allow archery hunting only on
the William L. Finley and Snag Boat
Bend Zone 2 hunt units.
(v) Hunters 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.
*
*
*
*
*
■ 28. Amend § 32.57 by revising
paragraph (a)(2) to read as follows:
§ 32.57
Pennsylvania.
*
*
*
*
*
(a) * * *
(2) Upland game hunting. We allow
hunting of squirrel, grouse, rabbit,
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pheasant, quail, woodchuck, crow, fox,
raccoon, opossum, skunk, weasel,
coyote, chukar, and bobcat on
designated areas of the refuge subject to
the following conditions:
(i) The conditions set forth at
paragraphs (a)(1)(i) and (iii) of this
section apply.
(ii) We prohibit night hunting from 1⁄2
hour after legal sunset until 1⁄2 hour
before legal sunrise the following day.
*
*
*
*
*
■ 29. Amend § 32.59 by revising
paragraphs (b)(3)(iii), (c)(1)(i), (ii) and
(v), and (c)(3) to read as follows:
§ 32.59
South Carolina.
*
*
*
*
*
(b) * * *
(3) * * *
(iii) Harvested deer, feral hog, or
turkey must be checked at the
designated check station prior to
removal from the refuge. Hunters must
complete the Harvest Report (FWS Form
3–2542).
*
*
*
*
*
(c) * * *
(1) * * *
(i) We require each hunter to carry at
all times while hunting a valid signed,
current refuge hunting brochure.
(ii) Each youth hunter (age 15 and
younger) must remain within sight and
normal voice contact of an assistant,
parent, or guardian age 21 or older.
Youth hunters must have successfully
completed a State-approved hunter
education course.
*
*
*
*
*
(v) We only allow the use of dogs
when migratory game bird hunting.
*
*
*
*
*
(3) Big game hunting. We allow
hunting of white-tailed deer and turkey,
and incidental take of feral hog, on
designated areas of the refuge subject to
the following conditions:
(i) The conditions set forth at
paragraphs (c)(1)(i) and (ii) of this
section apply.
(ii) Only youth hunters may hunt
turkey on the refuge.
(iii) Except for the special quota
permit hunts, we allow only archery or
muzzleloader hunting for deer. During
special quota permit hunts, we allow
use of centerfire rifles or shotguns. We
only allow shotguns for turkey hunts.
(iv) On hunt days, hunters and
assistants, parents, or guardians may
enter the refuge no earlier than 5 a.m.
and must leave the refuge no later than
1 hour after legal sunset. We allow
hunting from 1⁄2 hour before official
sunrise until 1⁄2 hour after official
sunset.
(v) We require all deer taken during
any hunt to be checked at the
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designated refuge check station before
removal from the refuge. In addition, all
deer and turkey must be tagged (Stateissued).
(vi) The refuge daily bag limit is two
antlerless deer and one antlered buck
that must have at least three antler
points on one side. We define a ‘‘point’’
as an antler projection of at least 1 inch
(2.5 centimeters) or more in length. The
youth turkey hunter bag limit is one
male turkey.
(vii) We allow incidental take of feral
hog during deer hunts only. There is no
size or bag limit on hogs. We may offer
special hog hunts during and after deer
season to further control this invasive
species. We prohibit removal of live
hogs from the refuge.
(viii) You must hunt deer from an
elevated deer stand. We prohibit
shooting big game from a boat.
(ix) All permanently fixed ground
blinds are for the mobility-impaired
hunt only.
(x) We prohibit crossbows on the
archery hunts. We only allow
muzzleloading rifles using a single
projectile on the muzzleloader hunts.
We prohibit buckshot.
(xi) You may use flagging to mark the
site of hunter entry from roads or trails
and again at the stand site. You may use
clothespins with reflective tape between
these sites to mark the route to the
stand. Hunters must label all such
markers with their last name and State
hunting license number.
(xii) We require hunters to wear an
outer garment visible above the waist
that contains a minimum of 500 square
inches (3,226 square centimeters) of
solid, florescent-orange material at all
times during the muzzleloader and
mobility-impaired hunts for deer.
(xiii) We prohibit organized deer
drives. We define a ‘‘deer drive’’ as an
organized or planned effort to pursue,
drive, chase, or otherwise frighten or
cause deer to move in the direction of
any person(s) who is part of the
organized or planned hunt and known
to be waiting for the deer.
(xiv) We prohibit accessing hunt units
by watercraft.
*
*
*
*
*
■ 30. Amend § 32.60 by:
■ a. Revising paragraph (b)(4)(i);
■ b. Adding paragraph (b)(4)(iii); and
■ c. Revising paragraph (h)(4).
The revisions and addition read as
follows:
§ 32.60
*
South Dakota.
*
*
(b) * * *
(4) * * *
VerDate Sep<11>2014
*
*
20:40 Aug 30, 2021
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(i) We prohibit the use or possession
of live minnows or bait fish.
*
*
*
*
*
(iii) We prohibit the use of lead
fishing sinkers on all waters of the
refuge except the Little River Recreation
Area.
*
*
*
*
*
(h) * * *
(4) Sport fishing. We allow fishing on
designated areas of the refuge subject to
the following conditions:
(i) Ice fishing anglers must not be on
the ice until 1 hour prior to legal sunrise
and must be off the ice by 1 hour after
legal sunset.
(ii) Ice fishing anglers must remove
ice shacks by 1 hour after legal sunset
(see § 27.93 of this chapter).
(iii) We restrict angler foot travel to
posted access points, public roads, and
lake ice.
(iv) We allow fishing with the use of
nonmotorized boats, canoes, and
kayaks.
*
*
*
*
*
■ 31. Amend § 32.62 by:
■ a. Revising paragraphs (a)(1)(i) and
(ii), (e)(1) introductory text, (e)(1)(i), (iii)
and (ix);
■ b. Adding paragraphs (e)(1)(x) through
(xii);
■ c. Revising paragraph (e)(4)(iii);
■ d. Redesignating paragraph (e)(4)(iv)
as paragraph (e)(4)(v);
■ e. Adding new paragraphs (e)(4)(iv)
and (g)(2);
■ f. Revising paragraphs (g)(3), (h)(1)(i),
(h)(2), (h)(3)(iv), (i)(3)(ii) and (iii);
■ g. Removing paragraph (i)(3)(iv);
■ h. Redesignating paragraphs (i)(3)(v)
through (xi) as paragraphs (i)(3)(iv)
through (x);
■ i. Revising newly redesignated
paragraphs (i)(3)(iv) and (viii);
■ j. Revising paragraphs (i)(4), (j)(1)(i),
(k)(1)(ii), (viii) and (xii);
■ k. Redesignating paragraphs (l)
through (n) as paragraphs (n) through
(p);
■ l. Adding new paragraphs (l) and (m);
and
■ m. Revising newly redesignated
paragraphs (n)(4)(ii), (o)(1)(ii), (o)(4)(iii),
(p)(2)(i) through (iii), and (p)(3)(i) and
(ii).
The revisions and additions read as
follows:
§ 32.62
Texas.
*
*
*
*
*
(a) * * *
(1) * * *
(i) You must carry a current signed
refuge hunting permit (signed refuge
hunt brochure) while waterfowl hunting
on all refuge hunt units.
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(ii) Season dates for waterfowl will be
concurrent with the State, except as
specified in the refuge hunt brochure.
*
*
*
*
*
(e) * * *
(1) Migratory game bird hunting. We
allow hunting of goose, duck, coot,
merganser, mourning dove, whitewinged dove, Eurasian collared-dove,
and rock pigeon on designated areas of
the refuge subject to the following
conditions:
(i) Season dates will be concurrent
with the State for the September teal
season; youth-only season; duck, coot,
and merganser regular season in the
Texas South Zone; goose regular season
in the Texas East Zone; and dove and
pigeon season in the Texas South Zone,
including special white-winged dove
days, except that we prohibit duck (not
including the September teal and youthonly seasons), coot, and merganser
hunting on the refuge until the last
Saturday in October. If the Statespecified duck, coot, and merganser
regular season opens later than the last
Saturday in October, then hunting on
the refuge will open consistent with the
State-specified season date.
*
*
*
*
*
(iii) Hunters may enter the refuge
waterfowl hunt units no earlier than 4
a.m. Hunting starts at the designated
legal shooting time and ends at 12 p.m.
(noon). Hunters must leave refuge hunt
units by 1 p.m.
*
*
*
*
*
(ix) You may access hunt units from
land by foot or nonmotorized
conveyance from designated parking
areas and turn-arounds. You may access
public waterfowl hunting areas by
motorized boat from State waters, where
applicable.
(x) Hunters may enter the refuge
dove/pigeon hunt units no earlier than
30 minutes prior to designated legal
shooting time and leave refuge hunt
units no later than 30 minutes after legal
sunset.
(xi) Hunting dove and pigeon in the
Farm Field Unit is only allowed after
early teal season and will close before
the beginning of general duck season in
October.
(xii) Hunters must possess a signed
brochure on their person while hunting
on the refuge.
*
*
*
*
*
(4) * * *
(iii) We prohibit the use of trotlines,
sail lines, set lines, jugs, gigs, spears,
bush hooks, snatch hooks, crossbows,
noodling, or bows and arrows of any
type.
(iv) Anglers age 17 and older fishing
in Cannan Bend Recreation Area must
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possess a day or annual fishing pass and
a signed fishing brochure on their
person.
*
*
*
*
*
(g) * * *
(2) Upland game hunting. We allow
the hunting of Eastern gray and fox
squirrel on designated areas of the
refuge subject to the following
conditions:
(i) Squirrel hunting on the refuge will
open with the close of the white-tailed
deer season in January and close
February 28. The season will reopen
from May 1 through May 31.
(ii) Hunters must possess and carry a
signed refuge hunt brochure while
hunting.
(iii) We allow the use of shotgun only.
(3) Big game hunting. We allow
hunting of white-tailed deer and feral
hog on designated areas of the refuge
subject to the following conditions:
(i) The refuge will determine season
dates and bag limits.
(ii) The condition set forth at
paragraph (g)(2)(ii) of this section
applies.
(iii) Hunters age 17 and younger must
be under the direct supervision of an
adult age 18 or older.
(iv) You may hunt feral hog during
any established white-tailed deer refuge
hunting season. You must obtain and
possess a refuge signed hunt brochure
and may only use legal weapons for the
current hunting season.
(v) We allow hunters to access the
refuge no more than 2 hours before legal
sunrise and no more than 2 hours after
legal sunset.
(vi) You may participate in the refuge
firearms drawn deer hunt only with a
Texas Parks and Wildlife Departmentdrawn hunt permit.
(vii) We allow the use of only portable
blinds and tree stands on the refuge.
You must remove blinds, tree stands,
and all other personal equipment from
the refuge at the end of each day’s hunt
(see § 27.93 of this chapter).
(viii) We allow all-terrain vehicles for
medically documented disabled hunters
by Special Use Permit (FWS Form 3–
1383–G only).
*
*
*
*
*
(h) * * *
(1) * * *
(i) You must possess and carry a
signed refuge hunt brochure.
*
*
*
*
*
(2) Upland game hunting. We allow
hunting of fox squirrel and Eastern
cottontail rabbit in the months of
January, February, and September on
designated areas of the refuge and
subject to the following condition: The
conditions set forth at paragraphs
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Jkt 253001
(h)(1)(i) through (vii) of this section
apply.
(3) * * *
(iv) We allow muzzleloaders, bow and
arrow, and shotguns only for feral hog
and spring turkey hunts. You may
possess only lead-free, approved
nontoxic (steel, bismuth, copper, or
tungsten; see § 32.2(k)) bullets, slugs,
and shot (00 buck for hogs, no shell
larger than #4 shot size for turkey).
*
*
*
*
*
(i) * * *
(3) * * *
(ii) We require hunters to attend
refuge hunter orientation before hunting
on the refuge. We require each hunter to
obtain and carry with them a signed and
dated refuge hunt brochure in addition
to the State hunt permit.
(iii) Bag limits for species hunted on
the refuge are provided in the refuge
hunt brochure annually.
(iv) We allow a scouting period prior
to the commencement of each refuge
hunt period. A permitted hunter and a
limit of two non-permitted individuals
may enter the hunt units during the
scouting period, which begins after
hunter orientation and ends at legal
sunset. Each hunter must clearly display
a Vehicle Validation Tag (FWS Form 3–
2405) face up on the vehicle dashboard
when scouting and hunting.
*
*
*
*
*
(viii) During American alligator hunts,
we allow hunters to leave hooks set over
only one night period at a time; set lines
must be checked daily.
*
*
*
*
*
(4) Sport fishing. We allow fishing
and crabbing on designated areas of the
refuge subject to the following
conditions:
(i) We allow only pole and line, rod
and reel, hand line, dip net, and cast net
for fishing. We prohibit the use of crab
traps or pots for crabbing.
(ii) Anglers must attend all fishing
lines, crabbing equipment, and other
fishing devices at all times.
(iii) Inside the refuge boundary on
San Martin Lake, we allow bank and
wade fishing within a designated area,
which may be accessed only on foot.
(j) * * *
(1) * * *
(i) We require hunters to obtain a
refuge hunt permit (signed refuge hunt
brochure) and to possess and carry that
signed refuge hunt brochure at all times
during the designated hunt period.
Hunters must also display the vehicle
placard (part of the refuge hunt permit)
while participating in the designated
hunt period.
*
*
*
*
*
(k) * * *
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48877
(1) * * *
(ii) You must possess and carry a
current signed refuge hunting permit
(signed refuge hunt brochure) while
hunting on all units of the refuge.
*
*
*
*
*
(viii) We only allow hunting in the
Spaced Hunt Units on Saturdays,
Sundays, and Tuesdays of the regular
waterfowl season. We allow a maximum
of four hunters per area. Hunters must
possess and carry Special Fee Area
Permits (signed refuge hunt brochure)
while hunting.
*
*
*
*
*
(xii) We require a minimum distance
between hunt parties, and between
hunters and drivable roads and
buildings, of 200 yards (183 meters).
*
*
*
*
*
(l) Muleshoe National Wildlife
Refuge—(1) Migratory game bird
hunting. We allow hunting of mourning
dove, white-winged dove, and Eurasian
collared-dove on designated areas of the
refuge subject to the following
conditions:
(i) Hunters must possess and carry a
signed refuge hunt brochure while
hunting.
(ii) During the dove season set by the
State of Texas, we limit hunting to no
more than 6 days with a maximum of
12 hunters per season.
(iii) We allow hunting from 1⁄2 hour
before legal sunrise until 12 p.m. (noon).
(iv) We require hunters to check in
and out at refuge headquarters.
(v) Hunters must exit the refuge no
later than 45 minutes after legal sunset,
unless they are camping in a designated
camping area. From 45 minutes after
legal sunset until 30 minutes before
legal sunrise, we prohibit hunters in all
areas of the refuge except designated
camping areas.
(vi) We allow the use of dogs when
hunting.
(vii) We only allow shotguns.
(2) Upland game hunting. We allow
the hunting of Northern bobwhite and
scaled (blue) quail on designated areas
of the refuge subject to the following
conditions:
(i) The conditions set forth at
paragraphs (l)(1)(i), and (iv) through
(vii) of this section apply.
(ii) During the first 2 weeks of the
quail season set by the State of Texas,
we limit hunting to no more than 6 days
with a maximum of 12 hunters per
season.
(iii) We allow hunting from 8:30 a.m.
to 4:30 p.m.
(3) Big game hunting. We allow the
hunting of white-tailed deer and mule
deer, and the incidental take of feral
hog, on designated areas of the refuge
subject to the following conditions:
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(i) The conditions set forth at
paragraphs (l)(1)(i), (iv), and (v) of this
section apply.
(ii) Between October and January, we
limit hunting to no more than 20 days
with a maximum of 8 hunters per
season.
(iii) You may use only high-powered
rifles of .242/6mm caliber or larger and
archery equipment to hunt big game on
the refuge.
(4) [Reserved]
(m) Neches River National Wildlife
Refuge—(1) Migratory game bird
hunting. We allow hunting of ducks,
coot, and merganser on designated areas
of the refuge subject to the following
conditions:
(i) Hunters may enter the refuge no
earlier than 4:30 a.m. We allow hunting
from the State-designated legal shooting
time until 12 p.m. (noon). Hunters must
leave refuge hunt units by 1 p.m.
(ii) In Dead Water unit only, we allow
the use of floating craft and motor boats,
but only if they are propelled by
paddling, push pole, or electric trolling
motor.
(iii) We prohibit hunting within 50
yards (45 meters) of any road or trail,
and within 200 yards (183 meters) of
any building.
(iv) We require each hunter to obtain
and carry with them a signed refuge
hunt brochure in addition to the State
hunt permit.
(v) You must remove all boats, blinds,
temporary blinds, stands decoys, and
other personal equipment following
each hunt day (see §§ 27.93 and 27.94
of this chapter).
(vi) We allow the use of dogs when
hunting.
(2) Upland game hunting. We allow
hunting of Eastern gray and fox squirrel,
cottontail and swamp rabbit, raccoon,
beaver, and coyote subject to the
following conditions:
(i) The conditions set forth at
paragraphs (m)(1)(iii), (iv), and (vi) of
this section apply.
(ii) We allow incidental take of beaver
and coyote during any refuge hunt with
the weapons legal for that hunt, subject
to applicable State seasons and
regulations.
(iii) We allow the hunting of raccoon
and coyote from legal sunset to legal
sunrise. We allow artificial lighting for
hunting raccoon and coyote.
(iv) We require that refuge hunters
turn in the Harvest Report (FWS Form
3–2542) within 2 weeks of the end of
your hunt.
(v) We allow squirrel, rabbit, and
raccoon hunting on the refuge from
October 1 to 23.
(3) Big game hunting. We allow
hunting of white-tailed deer and feral
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hog on designated areas of the refuge
subject to the following conditions:
(i) The conditions set forth at
paragraphs (m)(1)(iii) and (iv) of this
section apply.
(ii) We allow incidental take of feral
hog during any refuge hunt with the
weapons legal for that hunt, subject to
applicable State seasons and
regulations.
(iii) We require a Harvest Report
(FWS Form 3–2542) within 2 weeks of
the end of your hunt. Failure to submit
the Harvest Report will render the
hunter ineligible for the next year’s
hunt.
(iv) We require a minimum distance
between hunt parties of 150 yards (137
meters).
(v) We prohibit the use of dogs when
feral hog hunting.
(4) [Reserved]
(n) * * *
(4) * * *
(ii) The condition set forth at
paragraph (n)(1)(v) of this section
applies.
*
*
*
*
*
(o) * * *
(1) * * *
(ii) You must possess and carry a
current signed refuge hunting permit
(signed refuge hunt brochure) while
hunting on all hunt units of the refuge.
*
*
*
*
*
(4) * * *
(iii) The conditions set forth at
paragraphs (o)(1)(vi) and (vii) of this
section apply.
*
*
*
*
*
(p) * * *
(2) * * *
(i) We require hunters to possess a
refuge permit (signed refuge hunt
brochure). The hunter must carry the
nontransferable permit at all times
while hunting.
(ii) We require that refuge hunters
turn in the Harvest Report (FWS Form
3–2542) by the date specified on the
permit. Failure to submit the report will
render the hunter ineligible for the next
year’s limited upland game hunt.
(iii) The condition set forth at
paragraph (p)(1)(v) of this section
applies.
*
*
*
*
*
(3) * * *
(i) We require a refuge permit (signed
refuge hunt brochure) and Harvest
Report (FWS Form 3–2542). Hunters
must turn in both forms by the date
specified on the permit. Failure to
submit the Harvest Report will render
the hunter ineligible for the next year’s
limited big game hunt. Drawings are by
lottery. The hunter must carry the
nontransferable permit at all times
while hunting.
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(ii) The conditions set forth at
paragraphs (p)(1)(v) and (p)(2)(iv)
through (vii) of this section apply.
*
*
*
*
*
■ 32. Amend § 32.63 by revising
paragraphs (c)(1) and (c)(3) introductory
text to read as follows:
§ 32.63
Utah.
*
*
*
*
*
(c) * * * (1) Migratory game bird
hunting. We allow hunting of duck,
coot, sandhill crane, and goose on
designated areas of the refuge subject to
the following condition: During hunting
season, the refuge is open from 11⁄2
hours before legal sunrise to 11⁄2 hours
after legal sunset.
*
*
*
*
*
(3) Big game hunting. We allow
hunting of deer, pronghorn, and elk on
designated areas of the refuge subject to
the following conditions:
*
*
*
*
*
■ 33. Revise § 32.64 to read as follows:
§ 32.64
Vermont.
The following refuge units are open
for hunting and/or fishing as governed
by applicable Federal and State
regulations, and are listed in
alphabetical order with additional
refuge-specific regulations.
(a) Missisquoi National Wildlife
Refuge—(1) Migratory game bird
hunting. We allow hunting of goose,
duck, brant, merganser, coot, woodcock,
and snipe on designated areas of the
refuge subject to the following
conditions:
(i) We allow the use of dogs consistent
with State regulations, except hunters
using more than two dogs must possess
a Special Use Permit (FWS Form 3–
1383–G) issued by the refuge manager.
(ii) We require the use of dogs for
hunting waterfowl in the Maquam
Swamp, Long Marsh Channel/Metcalfe
Island, and Saxes Pothole/Creek and
Shad Island Pothole areas.
(iii) We prohibit blind staking and
unattended decoys.
(iv) In the controlled waterfowl
hunting areas:
(A) Hunters must possess a refuge
permit (FWS Form 3–2439).
(B) Hunters may only hunt within 100
feet (30 meters) of a numbered stake
placed by the refuge staff.
(v) In the Delta Lakeshore Area, we
prohibit jumpshooting within 200 yards
(183 meters) of a party hunting from a
boat or blind.
(vi) In the Maquam Shore Area:
(A) We do not require a refuge permit
to hunt or scout in this area.
(B) We prohibit jumpshooting within
200 yards (183 meters) of a party
hunting from a boat or blind.
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(vii) In the Saxes Pothole/Creek and
Shad Island Pothole, each hunting party
must possess and carry a permit (FWS
Form 3–2439) for the specific zone on
the specific day they are hunting in this
area. Permits are not transferable.
(viii) In the Junior Waterfowl Hunting
Area:
(A) Each junior hunter must possess
and carry a permit (FWS Form 3–2439)
for the assigned blind site and day. On
Mentor Day, mentors must also possess
and carry this permit for the assigned
blind site. Each adult hunting party
must possess and carry a permit for the
blind site and day they are hunting.
Permits are not transferable.
(B) Shooting hours end at 11 a.m.
(ix) In the Long Marsh Channel and
Metcalfe Island:
(A) We limit hunting to Tuesdays,
Thursdays, and Saturdays throughout
the waterfowl hunting season for duck.
(B) Each hunting party must possess
and carry a permit for the blind on the
specific day they are hunting in this
area. Permits are not transferable.
(C) Shooting hours end at 11 a.m.
(D) We close this area to waterfowl
hunting during split seasons when geese
are the only waterfowl that hunters may
legally take.
(2) Upland game hunting. We allow
hunting of cottontail rabbit, snowshoe
hare, ruffed grouse, gray squirrel,
coyote, red fox, gray fox, skunk,
raccoon, weasel, and opossum on
designated areas of the refuge subject to
the following conditions:
(i) The condition set forth at
paragraph (a)(1)(i) of this section
applies.
(ii) Prior to hunting, you must obtain
from refuge headquarters and sign a
current refuge hunt brochure (signed
brochure). You must possess the signed
refuge hunt brochure at all times while
hunting, and you must hold a valid
State hunting license.
(iii) You may use only shotguns,
muzzleloaders, or archery equipment on
open areas east and north of Vermont
Route 78, east of the Missisquoi River,
and on Shad Island.
(iv) We prohibit hunting from the end
of the State snowshoe hare and rabbit
season (early March) until September 1.
(v) On the Eagle Point Unit, the
conditions set forth at paragraphs
(a)(2)(i) through (iii) of this section do
not apply.
(3) Big game hunting. We allow
hunting of white-tailed deer, moose,
bear, and turkey on designated areas of
the refuge subject to the following
conditions:
(i) Prior to hunting, you must obtain
from refuge headquarters and sign a
current refuge hunt brochure (signed
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brochure). You must possess the signed
refuge hunt brochure at all times while
hunting, and you must hold a valid
State hunting license.
(ii) You may use only shotguns,
muzzleloaders, or archery equipment on
open areas east and north of Vermont
Route 78, east of the Missisquoi River.
We prohibit rifles in these areas at any
time.
(iii) You may use portable tree stands
as governed by State regulations guiding
their use on State wildlife management
areas with the following exception: We
allow only one tree stand or ground
blind for each permit holder.
(iv) On the Eagle Point Unit, we allow
hunting subject to the following
conditions:
(A) You may use portable tree stands
as governed by State regulations guiding
their use on State wildlife management
areas.
(B) We allow training of dogs during
the regular hunting seasons as governed
by State regulations. We allow dog
training outside the regular hunting
seasons (i.e., from June 1 through July
31) only with a Special Use Permit
(FWS Form 3–1383–G).
(4) Sport fishing. We allow sport
fishing on designated areas of the refuge
subject to the following conditions:
(i) We allow sport fishing (including
bow fishing) by boat and ice fishing in
designated areas with the following
exceptions:
(A) We close the following areas yearround: Goose Bay, Saxes Creek and
Pothole, Metcalfe Island Pothole, Long
Marsh Channel, and Clark Marsh.
(B) We close the following areas from
Labor Day to December 31: Long Marsh
Bay and Long Marsh Channel.
(ii) We allow bank fishing along
designated areas of Charcoal Creek.
(iii) We prohibit taking fish with
firearms.
(iv) We prohibit boat launching on the
refuge with the following exceptions:
We allow launching from Louie’s
Landing year-round, and from Mac’s
Bend boat launch area from September
through December (inclusive).
(b) Silvio O. Conte National Fish and
Wildlife Refuge—(1) Migratory game
bird hunting. We allow hunting of duck,
goose, coot, crow, snipe, and American
woodcock on designated areas of the
refuge subject to the following
conditions:
(i) We allow disabled hunters to hunt
from a vehicle that is at least 10 feet
from the traveled portion of the refuge
road if the hunter possesses a Stateissued disabled hunting license and a
Special Use Permit (FWS Form 3–1383–
G) issued by the refuge manager.
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(ii) We allow the use of dogs
consistent with State regulations, except
hunters using more than two dogs must
possess a Special Use Permit (FWS
Form 3–1383–G) issued by the refuge
manager.
(iii) We prohibit shooting from, over,
or within 25 feet of the traveled portion
of any road that is accessible to motor
vehicles.
(2) Upland game hunting. We allow
hunting of coyote, fox, raccoon, bobcat,
woodchuck, red squirrel, eastern gray
squirrel, porcupine, skunk, snowshoe
hare, eastern cottontail, muskrat,
opossum, weasel, pheasant, and ruffed
grouse on designated areas of the refuge
subject to the following conditions:
(i) The conditions set forth at
paragraphs (b)(1)(i) through (iii) of this
section apply.
(ii) At the Putney Mountain Unit, we
allow the use of dogs only for hunting
ruffed grouse.
(iii) We require hunters hunting at
night to possess a Special Use Permit
(FWS Form 3–1383–G) issued by the
refuge manager.
(iv) We allow the training of dogs as
governed by State regulations from
August 1 through the last Saturday in
September during daylight hours, if the
trainer possesses a Special Use Permit
(FWS Form 3–1383–G) issued by the
refuge manager.
(3) Big game hunting. We allow
hunting of white-tailed deer, moose,
black bear, and wild turkey on
designated areas of the refuge subject to
the following conditions:
(i) The conditions set forth at
paragraphs (b)(1)(i) through (iii) of this
section apply.
(ii) You may use portable tree stands
and/or blinds. You must clearly label
your tree stand(s) and/or blind(s) with
your hunting license number. You must
remove your tree stand(s) and/or
blind(s) no later than 72 hours after the
close of the season (see § 27.93 of this
chapter).
(iii) You may retrieve moose at the
Nulhegan Basin Division with the use of
a commercial moose hauler, if the
hauler possesses a Special Use Permit
(FWS Form 3–1383–C) issued by the
refuge manager.
(iv) We allow the training of dogs as
governed by State regulations from
August 1 through September 15 during
daylight hours, if the trainer possesses
a Special Use Permit (FWS Form 3–
1383–G) issued by the refuge manager.
(4) Sport fishing. We allow sport
fishing on designated areas of the refuge
consistent with State regulations.
■ 34. Amend § 32.65 by:
■ a. Revising paragraph (c);
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b. Adding paragraph (d)(4);
c. Revising paragraphs (e) through (k);
d. Redesignating paragraph (l) as (n);
and
■ e. Adding new paragraphs (l) and (m).
The revisions and additions read as
follows:
■
■
■
§ 32.65
Virginia.
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(c) Eastern Shore of Virginia National
Wildlife Refuge—(1) Migratory game
bird hunting. We allow hunting of
waterfowl, rail, snipe, gallinule/
moorhen, coot, woodcock, dove, and
crow on designated areas of the refuge
subject to the following conditions:
(i) We allow holders of a signed hunt
brochure (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 signed brochure and be actively
engaged in hunting. We allow an
exception 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.
(ii) Hunters may enter the refuge no
earlier than 2 hours prior to legal
sunrise and must exit the refuge no later
than 2 hours after legal sunset.
(iii) In the Firearms Units only, we
allow the use of dogs consistent with
State and Northampton County
regulations.
(iv) We allow hunting on the refuge
only from September 1 until February
28. Hunting will follow State seasons
during that period.
(v) We allow migratory bird hunting
with archery and firearms in the
designated Firearms Units on the refuge
in accordance with State and County
regulations.
(2) Upland game hunting. We allow
hunting of rabbit, squirrel, quail,
raccoon, opossum, fox, coyote, and
other nuisance species (groundhog,
European starling, English sparrow, and
pigeon) on designated areas of the
refuge subject to the following
conditions:
(i) The conditions set forth at
paragraphs (c)(1)(i) through (iv) of this
section apply.
(ii) We allow the use of archery tackle,
as defined by the State, in designated
Archery and Firearms Units.
(iii) We allow the use of firearms in
accordance with State and Northampton
County regulations in the designated
Firearms Units only.
(3) Big game hunting. We allow
hunting of white-tailed deer and wild
turkey on designated areas of the refuge
subject to the following conditions:
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(i) The conditions set forth at
paragraphs (c)(1)(i), (ii), and (iv), and
(c)(2)(ii) and (iii) of this section apply.
(ii) We allow turkey hunting during
the spring season only for a mentor-led
hunt.
(iii) We require the use of nontoxic
ammunition when hunting turkey in the
Firearms Units.
(iv) We prohibit organized deer
drives. We define a ‘‘deer drive’’ as an
organized or planned effort to pursue,
drive, chase, or otherwise frighten or
cause deer to move in the direction of
any person(s) who is part of the
organized or planned hunt and known
to be waiting for the deer.
(v) You may not hunt, discharge a
firearm, or nock an arrow or crossbow
bolt outside of the designated hunting
areas.
(vi) We allow the use of portable tree
stands and require removal of the stands
after each day’s hunt (see § 27.93 of this
chapter).
(4) Sport fishing. We allow sport
fishing on designated areas of the refuge
subject to the following conditions:
(i) Anglers may access the refuge to
fish from shore on the Bull Tract and
Skidmore Island from 1⁄2 hour before
legal sunrise to 1⁄2 hour after legal
sunset.
(ii) Anglers may access State waters
via the Wise Point Boat Ramp on the
refuge from 5 a.m. to 10 p.m.
(d) * * *
(4) Sport fishing. We allow freshwater
fishing in designated areas of the refuge
subject to the following conditions:
(i) We allow fishing from
nonmotorized boats only.
(ii) We prohibit the use of lead fishing
tackle.
(e) Featherstone National Wildlife
Refuge—(1) Migratory game bird
hunting. We allow hunting of waterfowl
on designated areas of the refuge subject
to the following conditions:
(i) We allow the use of dogs consistent
with State regulations.
(ii) We limit boat access to
nonmotorized boats only in Farm Creek
Unit. We allow motorized boat access in
Neabsco Creek Unit.
(2)–(3) [Reserved]
(4) Sport fishing. We allow sport
fishing on designated areas of the refuge
subject to the following conditions:
(i) The condition set forth at
paragraph (e)(1)(ii) of this section
applies.
(ii) We prohibit the use of lead fishing
tackle.
(f) Fisherman Island National Wildlife
Refuge—(1) Migratory game bird
hunting. We allow hunting of
waterfowl, rail, snipe, gallinule/
moorhen, coot, woodcock, dove, and
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crow on designated areas of the refuge
subject to the following conditions:
(i) We allow the use of dogs consistent
with State regulations.
(ii) We require hunters to possess and
carry a signed refuge hunt brochure
when hunting.
(iii) We allow hunting and hunter
access by boat only. We prohibit
hunting from land. Retrieval dogs may
retrieve fallen game on shore.
(iv) We allow hunting on the refuge
from September 1 until February 28.
Hunting will follow State seasons
during that period.
(v) Hunters may enter the refuge 2
hours before legal sunrise and must exit
the refuge no later than 2 hours after
legal sunset.
(2)–(4) [Reserved]
(g) Great Dismal Swamp National
Wildlife Refuge. (1) [Reserved]
(2) Upland game hunting. We allow
hunting of gray squirrel and coyote on
designated areas of the refuge subject to
the following conditions:
(i) We allow hunting on Thursdays,
Fridays, and Saturdays only.
(ii) You must possess and carry a
signed refuge permit (FWS Form 3–
2439).
(3) Big game hunting. We allow
hunting of white-tailed deer, wild
turkey, and black bear on designated
areas of the refuge subject to the
following conditions:
(i) The conditions set forth at
paragraphs (g)(2)(i) and (ii) of this
section apply.
(ii) We require the use of nontoxic
ammunition for hunting wild turkey.
(4) Sport fishing. We allow sport
fishing on designated areas of the refuge
subject to the following conditions:
(i) We allow fishing in Lake
Drummond from a boat (maximum 25
horsepower) and from the piers at
Washington Ditch Road and Interior
Ditch Road.
(ii) We prohibit fishing from the ditch
banks on the refuge.
(iii) We require a Special Use Permit
(FWS Form 3–1383–G) for vehicular
access to the boat ramp on Interior Ditch
Road on the west side of Lake
Drummond.
(h) James River National Wildlife
Refuge. (1) [Reserved]
(2) Upland game hunting. We allow
hunting of rabbit, squirrel, and coyote
on designated areas of the refuge subject
to the following conditions:
(i) We only allow the hunting and
take of coyote concurrently during the
refuge deer hunting season.
(ii) We allow rabbit and squirrel
hunting only during the mentor-led
hunt.
(iii) We prohibit the use of pursuit
dogs.
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(3) Big game hunting. We allow
hunting of white-tailed deer and wild
turkey on designated areas of the refuge
subject to the following conditions:
(i) The condition set forth at
paragraph (h)(2)(iii) of this section
applies.
(ii) We require spring turkey hunters
to possess and carry a refuge hunting
permit (FWS Form 3–2439).
(iii) Hunters may enter the refuge no
earlier than 1 hour prior to the start of
legal shooting time and must exit the
refuge no later than 1 hour after the end
of legal shooting time.
(iv) We require the use of nontoxic
ammunition when hunting spring wild
turkey.
(v) Hunters using a muzzleloader
must hunt from a stand elevated 10 feet
(3 meters) or more above the ground.
(vi) We prohibit organized deer
drives. We define a ‘‘deer drive’’ as an
organized or planned effort to pursue,
drive, chase, or otherwise frighten or
cause deer to move in the direction of
any person(s) who is part of the
organized or planned hunt and known
to be waiting for the deer.
(4) Sport fishing. We allow fishing on
designated areas of the refuge subject to
the following conditions:
(i) We allow fishing access each day
from legal sunrise to legal sunset.
(ii) We allow fishing only by use of
one or more attended poles with hook
and line attached. We prohibit all other
fishing methods and means.
(iii) We prohibit the use of lead
fishing tackle.
(iv) We prohibit the use of minnows
as bait.
(i) Mackay Island National Wildlife
Refuge. Refer to § 32.52(e) for
regulations.
(j) Occoquan Bay National Wildlife
Refuge. (1) [Reserved]
(2) Upland game hunting. We allow
hunting of coyote and fox on designated
areas of the refuge subject to the
following condition: We only allow the
incidental take of coyote and fox during
the refuge deer hunting season.
(3) Big game hunting. We allow
hunting of white-tailed deer and wild
turkey on designated areas of the refuge
subject to the following conditions:
(i) With the exception of mentored
hunt participants, white-tailed deer
hunters must possess and carry a signed
refuge permit (FWS Form 3–2439) and
be selected in the refuge lottery to hunt.
(ii) We only allow shotguns with slugs
during the firearm season.
(iii) We prohibit organized deer
drives. We define a ‘‘deer drive’’ as an
organized or planned effort to pursue,
drive, chase, or otherwise frighten or
cause deer to move in the direction of
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any person(s) who is part of the
organized or planned hunt and known
to be waiting for the deer.
(iv) We prohibit the use of pursuit
dogs when hunting deer.
(v) We require the use of nontoxic
ammunition when hunting wild turkey.
(vi) Hunters must certify and qualify
weapons and ammunition at a refugeapproved range and view the refuge
orientation session online prior to
issuance of a refuge permit (FWS Form
3–2439).
(vii) Wild turkey hunting is a mentorled hunt only.
(4) Sport fishing. We allow sport
fishing on designated areas of the refuge
subject to the following conditions:
(i) We allow boat access by
nonmotorized boats only.
(ii) We prohibit the use of lead fishing
tackle.
(k) Plum Tree Island National Wildlife
Refuge—(1) Migratory game bird
hunting. We allow hunting of migratory
waterfowl and coot on designated areas
of the refuge subject to the following
conditions:
(i) You must hunt from a designated
refuge blind.
(ii) We allow the use of dogs
consistent with State regulations.
(2)–(3) [Reserved]
(4) Sport fishing. We allow fishing in
designated areas of the refuge subject to
the following conditions:
(i) We allow fishing access April 1
through August 31, from legal sunrise to
legal sunset.
(ii) We prohibit shoreline fishing. We
allow fishing only from boats
untethered to refuge lands, or from
designated blinds.
(iii) We allow fishing only by use of
one or more attended poles with hook
and line attached. We prohibit all other
fishing methods and means.
(iv) We prohibit the use of lead
fishing tackle.
(l) Presquile National Wildlife Refuge.
(1) [Reserved]
(2) Upland game hunting. We allow
hunting of coyote on designated areas of
the refuge subject to the following
conditions:
(i) Hunters may enter the refuge no
earlier than 2 hours prior to the start of
legal shooting time and must exit the
refuge no later than 2 hours after the
end of legal shooting time.
(ii) We only allow the hunting and
take of coyote concurrently during the
refuge deer hunting season.
(iii) We require hunters to dock their
boats at designated locations on the
refuge.
(3) Big game hunting. We allow
hunting of white-tailed deer on
designated areas of the refuge subject to
the following conditions:
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(i) The condition set forth at
paragraph (l)(2)(iii) of this section
applies.
(ii) We prohibit the use of pursuit
dogs when hunting white-tailed deer.
(iii) We require big game hunters to
obtain a permit through a lottery
administered by a third-party
contractor.
(iv) We prohibit organized deer
drives. We define a ‘‘deer drive’’ as an
organized or planned effort to pursue,
drive, chase, or otherwise frighten or
cause deer to move in the direction of
any person(s) who is part of the
organized or planned hunt and known
to be waiting for the deer.
(4) Sport fishing. We allow fishing on
designated areas of the refuge subject to
the following conditions:
(i) We allow fishing access each day
from legal sunrise to legal sunset.
(ii) We prohibit bank fishing. We
allow fishing only from boats
untethered to refuge lands.
(iii) We allow fishing only by use of
one or more attended poles with hook
and line attached. We prohibit all other
fishing methods and means.
(iv) We prohibit the use of minnows
as bait.
(v) We prohibit the use of lead fishing
tackle.
(m) Rappahannock River Valley
National Wildlife Refuge. (1) [Reserved]
(2) Upland game hunting. We allow
hunting of coyote, rabbit, and squirrel
on designated areas of the refuge subject
to the following conditions:
(i) We prohibit the use of pursuit
dogs.
(ii) We only allow the hunting and
take of coyote concurrently during the
refuge deer hunting season.
(3) Big game hunting. We allow
hunting of white-tailed deer and wild
turkey on designated areas of the refuge
subject to the following conditions:
(i) The condition set forth at
paragraph (m)(2)(i) of this section
applies.
(ii) We require the use of nontoxic
ammunition when hunting spring wild
turkey.
(iii) In designated areas and for the
spring turkey hunt, we require hunters
to possess and carry a refuge hunting
permit (FWS Form 3–2439).
(iv) Hunters may enter the refuge no
earlier than 1 hour prior to the start of
legal shooting time and must exit the
refuge no later than 1 hour after the end
of legal shooting time.
(v) We prohibit organized deer drives.
We define a ‘‘deer drive’’ as an
organized or planned effort to pursue,
drive, chase, or otherwise frighten or
cause deer to move in the direction of
any person(s) who is part of the
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organized or planned hunt and known
to be waiting for the deer.
(4) Sport fishing. We allow sport
fishing on designated areas of the refuge
subject to the following conditions:
(i) We allow fishing access each day
from legal sunrise to legal sunset.
(ii) During the period when the refuge
is open for hunting, we may close
hunting areas to all other uses,
including sport fishing.
(iii) We allow fishing only by use of
one or more attended poles with hook
and line attached. We prohibit all other
fishing methods and means.
(iv) We prohibit the use of lead
fishing tackle in freshwater ponds,
including Wilna Pond and Laurel Grove
Pond.
(v) We require catch-and-release
fishing for largemouth bass in
freshwater ponds, including Wilna Pond
and Laurel Grove Pond. Anglers may
take other finfish species as governed by
State regulations.
(vi) We prohibit the use of minnows
as bait.
(vii) We prohibit the use of boats
propelled by gasoline motors, sail, or
mechanically operated paddle wheel
while fishing.
*
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*
■ 35. Amend § 32.66 by revising
paragraphs (f)(3)(v), (i)(1)(iv), (x) and
(xi) to read as follows:
§ 32.66
Washington.
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(f) * * *
(3) * * *
(v) We require hunters to sign in and
out each day at the refuge headquarters.
When signing out for the day, you must
report hunting success or failure, and
any hit-but-not-retrieved animals on the
Harvest Report (FWS Form 3–2542).
*
*
*
*
*
(i) * * *
(1) * * *
(iv) Prior to entering the hunt area,
you must check in at the refuge check
station, and obtain a Harvest Report
(FWS Form 3–2542). You must carry the
Harvest Report while hunting as proof
of blind assignment and user fee
payment.
*
*
*
*
*
(x) Prior to switching blinds, you
must first report to the refuge check
station to obtain a new blind
assignment. You must submit an
accurate Harvest Report (FWS Form 3–
2542) for the blind being vacated, and
obtain a new Harvest Report for the new
blind.
(xi) Prior to leaving the hunt area, you
must check out at the refuge check
station, submit an accurate Harvest
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Report (FWS Form 3–2542), and present
all harvested birds for inspection by
check station personnel.
*
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■ 36. Amend § 32.67 by revising
paragraphs (b)(2) and (3) to read as
follows:
§ 32.67
West Virginia.
*
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*
*
(b) * * *
(2) Upland game hunting. We allow
hunting of squirrel, Eastern cottontail
rabbit, red and gray fox, coyote, bobcat,
opossum, raccoon, skunk, woodchuck,
weasel, ruffed grouse, quail, pheasant,
and crow on designated areas of the
refuge subject to the following
condition: The conditions set forth at
paragraphs (b)(1)(i) through (iii) of this
section apply.
(3) Big game hunting. We allow
hunting of white-tailed deer, wild
turkey, and black bear on designated
areas of the refuge subject to the
following conditions:
(i) The conditions set forth at
paragraphs (b)(1)(i) and (ii) of this
section apply.
(ii) We only allow the use of archery
equipment.
(iii) We prohibit organized deer
drives. We define a ‘‘deer drive’’ as an
organized or planned effort to pursue,
drive, chase, or otherwise frighten or
cause deer to move in the direction of
any person(s) who is part of the
organized or planned hunt and known
to be waiting for the deer.
(iv) You must label portable tree
stands with your last name and State
license number. You may erect your
stand(s) on the first day of the hunting
season. You must remove your stand(s)
by the last day of the hunting season
(see § 27.93 of this chapter).
*
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*
■ 37. Amend § 32.68 by:
■ a. Revising paragraphs (c) and (f)(1);
■ b. Adding paragraph (f)(2)(vi); and
■ c. Revising paragraph (f)(3) and (4).
The revisions and addition read as
follows:
§ 32.68
Wisconsin.
*
*
*
*
*
(c) Hackmatack National Wildlife
Refuge. Refer to § 32.32(f) for
regulations.
*
*
*
*
*
(f) * * * (1) Migratory game bird
hunting. We allow hunting of duck,
goose, coot, merganser, dove, moorhen/
gallinule, rail, snipe, and woodcock on
designated areas of the refuge subject to
the following conditions:
(i) Hunters may enter the refuge no
earlier than 1 hour before legal shooting
PO 00000
Frm 00062
Fmt 4701
Sfmt 4700
hours and must exit the refuge no later
than 1 hour after legal shooting hours.
(ii) You must remove all boats,
decoys, blinds, blind materials, stands,
platforms, and other hunting equipment
(see §§ 27.93 and 27.94 of this chapter)
brought onto the refuge at the end of
each day’s hunt.
(iii) We allow the use of dogs while
hunting, provided the dog is under the
immediate control of the hunter at all
times.
(iv) We prohibit hunting or shooting
within 50 feet (15 meters (m)) of the
centerline of all public roads, service
roads, and trails, and around parking
lots. It is considered hunting if you have
a loaded weapon, if you have a nocked
arrow while bow hunting, or if you are
in an elevated tree stand or ground
blind with a means to take, within these
areas.
(2) * * *
(vi) The conditions set forth at
paragraphs (f)(1)(i), (ii), and (iv) of this
section apply.
(3) Big game hunting. We allow
hunting of white-tailed deer on
designated areas of the refuge subject to
the following conditions:
(i) The conditions set forth at
paragraphs (f)(1)(i) and (iv) of this
section apply.
(ii) You may use portable elevated
devices, but you must lower them to
ground level at the close of shooting
hours each day. You must remove all
blinds, stands, platforms, and ladders
from the refuge at the end of the hunting
season (see §§ 27.93 and 27.94 of this
chapter).
(iii) You must clearly mark all nonnatural blinds, stands, platforms, and
ladders on the exterior with the hunter’s
Wisconsin Department of Natural
Resources customer identification
number.
(iv) We open Refuge Area 2 to deer
hunting during the State archery, gun,
and muzzleloader seasons, except that
we close Refuge Area 2 to deer hunting
during any early State antlerless-only
hunts.
(v) We open Refuge Area 3 to deer
hunting during the State regular gun,
muzzleloader, and late archery seasons.
Unarmed deer hunters may enter Refuge
Area 3 to scout beginning the Saturday
prior to the gun deer season.
(vi) You must remove flagging used
during hunting by the close of the
archery deer season (see §§ 27.93 and
27.94 of this chapter).
(vii) Any ground blind used during
any gun deer season must display at
least 144 square inches (929 square
centimeters) of solid-blaze-orange or
fluorescent pink material visible from
all directions.
E:\FR\FM\31AUR2.SGM
31AUR2
Federal Register / Vol. 86, No. 166 / Tuesday, August 31, 2021 / Rules and Regulations
(4) Sport fishing. We allow sport
fishing on designated areas of the refuge
subject to the following conditions:
(i) Fishing areas are open from 30
minutes prior to legal sunrise to 30
minutes after legal sunset during refugespecific seasons.
(ii) We allow use of nonmotorized
boats in Sprague-Goose pools only when
we open these pools to fishing.
(iii) We allow motorized boats in Suk
Cerney Pool.
(iv) We allow fishing by hook and line
only.
(v) We prohibit the taking of any
mussel (clam), crayfish, frog, leech, or
turtle species by any method on the
refuge (see § 27.21 of this chapter).
*
*
*
*
*
■ 38. Amend § 32.69 by revising
paragraph (d)(3) to read as follows:
(iii) We allow hunting of pronghorn
with a firearm in Pronghorn Hunt Area
1 from September 10 through October
31, and in Pronghorn Hunt Area 2 from
October 1 through 31.
(iv) We allow archery hunting of
pronghorn in Pronghorn Hunt Area 1 in
accordance with State seasons and
regulations.
(v) We allow hunting of white-tailed
deer with a firearm in the White-tailed
Deer Hunt Area from September 15
through October 30.
(vi) We allow archery hunting of
white-tailed deer in the White-tailed
Deer Hunt Area in accordance with
State seasons and regulations.
(vii) The refuge hunt brochure will
specify the type of ammunition
approved for hunting on the refuge.
*
*
*
*
*
§ 32.69
SUBCHAPTER E—MANAGEMENT OF
FISHERIES CONSERVATION AREAS
Wyoming.
*
*
*
*
(d) * * *
(3) Big game hunting. We allow
hunting of elk, pronghorn, white-tailed
deer, and bison on designated areas of
the refuge subject to the following
conditions:
(i) We require refuge permits (issued
by State of Wyoming).
(ii) We prohibit shooting from or
across refuge roads and parking areas.
khammond on DSKJM1Z7X2PROD with RULES2
*
VerDate Sep<11>2014
20:40 Aug 30, 2021
Jkt 253001
PART 71—HUNTING AND SPORT
FISHING ON NATIONAL FISH
HATCHERIES
39. The authority citation for part 71
continues to read as follows:
■
Authority: Sec. 4, Pub. L. 73–121, 48 Stat.
402, as amended; sec. 4, Pub. L. 87–714, 76
Stat. 654; 5 U.S.C. 301; 16 U.S.C. 460k, 664,
668dd, 1534.
PO 00000
Frm 00063
Fmt 4701
Sfmt 9990
§ 71.11
48883
[Amended]
40. Amend § 71.11 by:
a. In paragraph (c)(4), removing the
words ‘‘§ 71.12(k)’’ and adding in their
place the words ‘‘§ 71.12(l)’’;
■ b. In paragraph (d)(4), removing the
words ‘‘§ 71.12(l)’’ and adding in their
place the words ‘‘§ 71.12(m)’’;
■ c. In paragraph (e)(4), removing the
words ‘‘§ 71.12(m)’’ and adding in their
place the words ‘‘§ 71.12(n)’’; and
■ d. In paragraph (g)(4), removing the
words ‘‘§ 71.12(o)’’ and adding in their
place the words ‘‘§ 71.12(p)’’.
■ 41. Amend § 71.12 by:
■ a. Redesignating paragraphs (g)
through (r) as paragraphs (h) through (s);
and
■ b. Adding a new paragraph (g).
The addition reads as follows:
■
■
§ 71.12 National fish hatcheries open for
sport fishing.
*
*
*
*
*
(g) Green Lake National Fish
Hatchery. We allow sport fishing on
designated areas of the hatchery.
*
*
*
*
*
Maureen D. Foster,
Chief of Staff, Office of the Assistant Secretary
for Fish and Wildlife and Parks.
[FR Doc. 2021–18426 Filed 8–30–21; 8:45 am]
BILLING CODE 4333–15–P
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Agencies
[Federal Register Volume 86, Number 166 (Tuesday, August 31, 2021)]
[Rules and Regulations]
[Pages 48822-48883]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-18426]
[[Page 48821]]
Vol. 86
Tuesday,
No. 166
August 31, 2021
Part II
Department of the Interior
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Fish and Wildlife Service
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50 CFR Parts 32 and 71
2021-2022 Station-Specific Hunting and Sport Fishing Regulations; Final
Rule
Federal Register / Vol. 86 , No. 166 / Tuesday, August 31, 2021 /
Rules and Regulations
[[Page 48822]]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Parts 32 and 71
[Docket No. FWS-HQ-NWRS-2021-0027; FXRS12610900000-212-FF09R20000]
RIN 1018-BF09
2021-2022 Station-Specific Hunting and Sport Fishing Regulations
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: We, the U.S. Fish and Wildlife Service (Service), open, for
the first time, seven National Wildlife Refuges (NWRs) that are
currently closed to hunting and sport fishing. In addition, we open or
expand hunting and sport fishing at 81 other NWRs, and add pertinent
station-specific regulations for other NWRs that pertain to migratory
game bird hunting, upland game hunting, big game hunting, and sport
fishing for the 2021-2022 season. We also open hunting or sport fishing
on one unit of the National Fish Hatchery System (NFH). We add
pertinent station-specific regulations that pertain to migratory game
bird hunting, upland game hunting, big game hunting, and sport fishing
at this NFH for the 2021-2022 season. Finally, we make regulatory
changes to existing station-specific regulations in order to reduce the
regulatory burden on the public, increase access for hunters and
anglers on Service lands and waters, and comply with a Presidential
mandate for plain language standards.
DATES: This rule is effective August 31, 2021.
ADDRESSES: This final rule, its supporting documents, and the comments
we received on the May 4, 2021, proposed rule (86 FR 23794) are
available at https://www.regulations.gov at Docket No. FWS-HQ-NWRS-2021-
0027.
Information collection requirements: Written comments and
suggestions on the information collection requirements may be submitted
at any time to the Service Information Collection Clearance Officer,
U.S. Fish and Wildlife Service, 5275 Leesburg Pike, MS: PRB (JAO/3W),
Falls Church, VA 22041-3803 (mail); or [email protected] (email).
Please reference ``OMB Control Number 1018-0140'' in the subject line
of your comments.
FOR FURTHER INFORMATION CONTACT: Christian Myers, (571) 422-3595.
SUPPLEMENTARY INFORMATION:
Background
The National Wildlife Refuge System Administration Act of 1966 (16
U.S.C. 668dd-668ee), as amended (Administration Act), 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 hunting and sport fishing programs to determine
whether to include additional stations or whether individual station
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 station-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 station purposes or the Service's mission.
Provisions governing hunting and sport fishing on refuges are in
title 50 of the Code of Federal Regulations at part 32 (50 CFR part
32), and on hatcheries at part 71 (50 CFR part 71). We regulate hunting
and sport fishing to:
Ensure compatibility with refuge and hatchery purpose(s);
Properly manage fish and wildlife resource(s);
Protect other values;
Ensure visitor safety; and
Provide opportunities for fish- and wildlife-dependent
recreation.
On many stations 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 stations, we must supplement State regulations
with more-restrictive Federal regulations to ensure that we meet our
management responsibilities, as outlined under Statutory Authority,
below. We issue station-specific hunting and sport fishing regulations
when we open wildlife refuges and fish hatcheries 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.
Statutory Authority
The Administration Act, as amended by the National Wildlife Refuge
System Improvement Act of 1997 (Improvement Act; Pub. L. 105-57),
governs the administration and public use of refuges, and the Refuge
Recreation Act of 1962 (16 U.S.C. 460k-460k-4) (Recreation Act) governs
the administration and public use of refuges and hatcheries.
Amendments enacted by the Improvement Act were built upon the
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 and Hatchery System for public recreation as
an appropriate incidental or secondary use only to the extent that
doing so is practicable and
[[Page 48823]]
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 or hatchery 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
station-specific regulations to ensure the compatibility of the
programs with the purpose(s) for which we established the refuge or
hatchery and the Refuge and Hatchery System mission. We ensure initial
compliance with the Administration Act and the Recreation Act for
hunting and sport fishing on newly acquired land 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 parts 32 and 71. We ensure
continued compliance by the development of comprehensive conservation
plans (CCPs) and step-down management plans, and by annual review of
hunting and sport fishing programs and regulations.
Summary of Comments and Responses
On May 4, 2021, we published in the Federal Register (86 FR 23794)
a proposed rule to open sport fishing at one NFH, open seven NWRs that
are currently closed to hunting and sport fishing, expand hunting and
sport fishing at 83 other NWRs, and add pertinent station-specific
regulations for other NWRs that pertain to migratory game bird hunting,
upland game hunting, big game hunting, and sport fishing for the 2021-
2022 season. We accepted public comments on the proposed rule for 60
days, ending July 6, 2021. By that date, we received more than 1,200
comments on the proposed rule. More than two-thirds of these comments
were form letters or otherwise identical duplicates of other comments
on the proposed rule, and the vast majority of those were submitted by
one organization and were supportive of the rule. The majority of the
substantive comments on the proposed rule stated that the Service
should prohibit lead ammunition and tackle on some or all stations. The
Service recognizes that lead is an important issue and will continue to
appropriately evaluate and regulate lead ammunition and tackle on
Service lands and waters. We discuss the remaining unique comments we
received below by topic. Beyond our responses below, additional
station-specific information on how we responded to comments on
particular hunting or fishing opportunities at a given refuge or
hatchery can be found in that station's final hunting and/or fishing
package, each of which can be located online at: https://www.fws.gov/refuges/hunting/rules-regulations-and-improved-access/.
Comment (1): We received a substantial number of comments
expressing general support for the proposed changes in the rule. Of the
unique comments on the rule, more than half were in general support of
the proposed changes. These comments of general support either
expressed appreciation for the increased hunting and fishing access in
the rule overall, expressed appreciation for increased access at
particular refuges, or both. In addition to this general support, some
commenters requested additional hunting and fishing opportunities at
specific stations or generally in several States.
Our Response: Hunting and fishing on U.S. Fish and Wildlife Service
lands is a tradition that dates back to the early 1900s. In passing the
Improvement Act, Congress reaffirmed that the Refuge System was created
to conserve fish, wildlife, plants, and their habitats, and would
facilitate opportunities for Americans to participate in compatible
wildlife-dependent recreation, including hunting and fishing on Refuge
System lands. We prioritize wildlife-dependent recreation, including
hunting and fishing, when doing so is compatible with the purpose of
the refuge and the mission of the NWRS. Hunting or fishing on
hatcheries, unlike Refuge System lands, is authorized when such
activity is not detrimental to the propagation and distribution of fish
or other aquatic wildlife (see 50 CFR 71.1).
We will continue to open and expand hunting and sport fishing
opportunities across refuges and hatcheries; however, as detailed
further in our response to Comment (2), below, opening or expanding
hunting or fishing opportunities on Service lands is not a quick or
simple process. The annual regulatory cycle begins in June or July of
each year for the following hunting and sport fishing season (the
planning cycle for this 2021-2022 final rule began in June 2020). This
annual timeline allows us time to collaborate closely with our State,
Tribal, and Territorial partners, as well as other partners including
nongovernmental organizations, on potential opportunities. It also
provides us with time to complete environmental analyses and other
requirements for opening or expanding new opportunities. Therefore, it
would be impracticable for the Service to complete multiple regulatory
cycles in one calendar year due to the logistics of coordinating with
various partners. Once we determine that a hunting or sport fishing
opportunity can be carried out in a manner compatible with individual
station purposes and objectives, we work expeditiously to open it.
We did not make any changes to the rule as a result of these
comments.
Comment (2): Many commenters expressed general opposition to any
hunting or fishing in the Refuge System. Of the unique comments on the
rule, less than one-fourth were in general opposition to the proposed
changes without raising any substantive issues. In many cases,
commenters stated that hunting was antithetical to the purposes of a
``refuge,'' which, in their opinion, should serve as an inviolate
sanctuary for all wildlife. Some of these commenters generically
opposed expanded or new hunting or fishing opportunities at specific
stations.
Our Response: The Service prioritizes facilitating wildlife-
dependent recreational opportunities, including hunting and fishing, on
Service land in compliance with applicable Service law and policy. For
refuges, the Administration Act, as amended, stipulates that hunting
(along with fishing, wildlife observation and photography, and
environmental education and interpretation), if found to be compatible,
is a legitimate and priority general public use of a refuge and should
be facilitated (16 U.S.C. 668dd(a)(3)(D)). Thus, we only allow hunting
of resident wildlife on Refuge System lands if such activity has been
determined compatible with the established purpose(s) of the refuge and
the mission of the Refuge System as required by the Administration Act.
For hatcheries, we allow hunting and fishing when such activity is
determined not to be detrimental to the propagation and distribution of
fish or other aquatic wildlife (see 50 CFR 71.1). For all 89 stations
opening and/or expanding hunting and/or fishing in this rule, we
determined that the proposed actions were compatible or would not have
detrimental impacts.
Each station manager makes a decision regarding hunting and fishing
[[Page 48824]]
opportunities only after rigorous examination of the available
information, consultation and coordination with States and Tribes, and
compliance with the National Environmental Policy Act (NEPA; 42 U.S.C.
4321 et seq.) and section 7 of the Endangered Species Act of 1973, as
amended (ESA; 16 U.S.C. 1531 et seq.), as well as other applicable laws
and regulations. The many steps taken before a station opens or expands
a hunting or fishing opportunity on the refuge ensure that the Service
does not allow any opportunity that would compromise the purpose of the
station or the mission of the agency.
Hunting of resident wildlife on Service lands generally occurs
consistent with State regulations, including seasons and bag limits.
Station-specific hunting regulations can be more restrictive (but not
more liberal) than State regulations and often are more restrictive in
order to help meet specific refuge objectives. These objectives include
resident wildlife population and habitat objectives, minimizing
disturbance impacts to wildlife, maintaining high-quality opportunities
for hunting and other wildlife-dependent recreation, eliminating or
minimizing conflicts with other public uses and/or refuge management
activities, and protecting public safety.
The word ``refuge'' includes the idea of providing a haven of
safety for wildlife, and as such, hunting might seem an inconsistent
use of the Refuge System. However, again, the Administration Act
stipulates that hunting, if found compatible, is a legitimate and
priority general public use of a refuge. Furthermore, we manage refuges
to support healthy wildlife populations that in many cases produce
harvestable surpluses that are a renewable resource. As practiced on
refuges, hunting and fishing do not pose a threat to wildlife
populations. It is important to note that taking certain individuals
through hunting does not necessarily reduce a population overall, as
hunting can simply replace other types of mortality. In some cases,
however, we use hunting as a management tool with the explicit goal of
reducing a population; this is often the case with exotic and/or
invasive species that threaten ecosystem stability. Therefore,
facilitating hunting opportunities is an important aspect of the
Service's roles and responsibilities as outlined in the legislation
establishing the Refuge System, and the Service will continue to
facilitate these opportunities where compatible with the purpose of the
specific refuge and the mission of the Refuge System.
We did not make any changes to the rule as a result of these
comments.
Comment (3): We received comments from 13 individual State agencies
and the Association of Fish and Wildlife Agencies on the proposed rule.
The Oklahoma Department of Wildlife Conservation; South Dakota
Department of Game, Fish, and Parks; Montana Department of Fish,
Wildlife, and Parks; Idaho Department of Fish and Game; Missouri
Department of Conservation; Michigan Department of Natural Resources;
and Arkansas Game and Fish Commission all expressed general support for
the proposed rule without additional comments. The Wisconsin Department
of Natural Resources expressed general support of the changes in the
proposed rule, but also requested additional changes at Necedah NWR.
The New Jersey Division of Fish and Wildlife expressed general support
of the changes in the proposed rule, but also requested additional
changes at Cape May and Supawna Meadows NWRs. The Wyoming Game and Fish
Department expressed general support of the changes in the proposed
rule, but requested minor changes to the hunt units at the National Elk
Refuge; minor changes to waterfowl hunting at the National Elk Refuge;
additional hunting opportunities at Bamsforth, Hutton Lake, and
Mortenson Lake NWRs; and additional opportunities on National Park
Service and Bureau of Land Management lands. The Virginia Department of
Wildlife Resources expressed general support of the changes in the
proposed rule, but suggested that Eastern Shore of Virginia and
Fisherman's Island NWRs provide additional analysis and details on
particular hunting and fishing opportunities there and requested that
Great Dismal Swamp NWR: (1) Combine a bear hunting permit with a
general hunting permit, (2) allow spring turkey hunting, (3) expand to
full week hunting, and (4) provide additional information about parking
areas. The North Carolina Wildlife Resources Commission expressed
general support of the changes in the proposed rule, but requested that
we add regulatory language listing Atlantic brant among the migratory
bird hunting target species for Mackay Island NWR and stating a
requirement for hunters to have North Carolina State licenses and
permits. The Oregon Department of Fish and Wildlife expressed general
support of the changes in the proposed rule, but requested we edit the
regulatory language at William L. Finley NWR to align more closely with
the State regulations by removing ``merganser'' from the species list,
as it is already considered a duck species. The Arizona Game and Fish
Department expressed general support of the changes in the proposed
rule, but requested the Service to consider allowing the use of
falconry on refuges within the State of Arizona, including Bill
Williams NWR and Havasu NWR; requested the Service to consider aligning
to State regulations for the use of dogs while hunting; requested the
Service consider aligning to State regulations for legal methods of
take in hunting javelina; and expressed concerns about regulatory
differences between refuges within the same State. Finally, the
Association of Fish and Wildlife Agencies expressed general support of
the changes in the proposed rule, but requested the Service consider
additional opportunities on refuges in Alaska.
Our Response: The Service appreciates the support of, and is
committed to working with, our State partners to identify additional
opportunities for expansion of hunting and sport fishing on Service
lands and waters.
In response to the Wisconsin Department of Natural Resources, we
have made no changes to the rule. We will not address their concerns in
this rule because the proposed expansions at Necedah NWR are no longer
part of this final rule. We will, however, consider the Department's
requests in shaping any future proposed openings or expansions at
Necedah NWR.
In response to the New Jersey Division of Fish and Wildlife, the
Service extends hours for fishing to 1 hour before legal sunrise and 1
hour after legal sunset at both Cape May and Supawna Meadows NWRs. The
Service will consider additional vehicle access at Cape May NWR and
crabbing/shellfishing at Cape May and Supawna Meadows NWRs for future
rulemakings, but we cannot make those additions at this time.
As suggested by the Wyoming Game and Fish Department, we have
renamed the hunt units at the National Elk Refuge in order to reduce
confusion for the public. The Service did not make changes to the
white-tailed deer hunt season dates to avoid conflict with the refuge's
elk hunt, and the Service does not plan to consider opening waterfowl
hunting on the refuge due to the presence of trumpeter swan
populations, as trumpeter swan is a Priority 1 Species of Special
Concern for the Wyoming Game & Fish Department, and due to the
potential for conflict with other compatible uses on the refuge at that
time. The Service
[[Page 48825]]
appreciates the Department's comments regarding Bamsforth, Hutton Lake,
and Mortenson Lake NWRs, and we will consider opening additional
opportunities on those refuges in future rulemakings. The Service
cannot comment on potential opportunities on National Park Service and
Bureau of Land Management lands, and requests that the State work
directly with those agencies for additional opportunities.
In response to the Virginia Department of Wildlife Resources, we
have made no changes to the rule, but will add much of the requested
information, where appropriate, to supporting documents. Specific
information on how we responded to the Virginia Department of Wildlife
Resources' suggestions for more detail on particular hunting and
fishing opportunities at Eastern Shore of Virginia and Fisherman Island
NWRs can be found in those stations' final hunt plan, compatibility
determination, and finding of no significant impact documents. With
respect to Great Dismal Swamp NWR, first, we cannot combine the bear
hunting permit with the general hunting permit due to the strict
harvest quota of 20 bears, and the associated need to be able to
contact bear hunters specifically, and because refuge lands are
situated in both Virginia and North Carolina, which have differing
hunting regulations. Second, we are already considering spring turkey
hunting for a future rulemaking. Third, we have determined that full
week hunting, regardless of whether or not Sundays are included, is not
compatible with other uses of the refuge and the refuge's conservation
purposes and mission. Fourth, we will engage in outreach efforts to
share the information about parking areas with all refuge visitors,
including wildlife-dependent recreational users of the refuge.
In response to the North Carolina Wildlife Resources Commission, we
have made no changes to the rule. Atlantic brant is considered a
variety of dark goose under our regulations, so it does not need to be
explicitly listed in station-specific regulations where dark goose
hunting is authorized. Thus, the proposed authorization of light and
dark goose hunting at Mackay Island NWR already allows for the hunting
of Atlantic brant. The suggested language about North Carolina State
licenses and permits was not adopted because: (1) It would cause
confusion as the regulatory provisions at 50 CFR 32.52(e) govern refuge
lands in both North Carolina and Virginia (where North Carolina
licenses and permits are not necessary); and (2) this requirement is
already covered by the regulation requiring each person to secure and
possess the required state license at 50 CFR 32.2 As a general matter,
our regulations operate against the backdrop of state regulations as a
default in this way, so if our regulations do not explicitly remove any
given state requirement for a given hunt then hunters must still abide
by those requirements in order to hunt on Refuge System lands.
Nevertheless, the refuge will ensure this requirement is also included
in the refuge hunt brochure to address the concerns of the Commission.
In response to the Oregon Department of Fish and Wildlife's request
to remove ``merganser'' from the species list in the regulatory
language under William L. Finley NWR, we agree that this change will
allow us to be more aligned with the State's regulations and have made
that change in this final rule.
In response to the Arizona Game and Fish Department, we consider
falconry a ``special hunt'' due to concerns regarding non-target take
and so have made no changes to the rule concerning falconry. Service
policy, as outlined in our Service manual at 605 FW 2.7.M. (Special
Hunts), stipulates, ``We will address special types of hunts, such as
falconry, in the hunt section of the visitor service plan (VSP).'' In
other words, each refuge manager, when developing their step-down VSP
(which would include a hunt plan, if appropriate) from their CCP, must
first determine if hunting is compatible. Assuming it is found to be
compatible, the refuge manager would next determine the conduct of the
hunt, which might include the use of falconry. A refuge manager has
discretion to restrict hunting and types of hunting, including
falconry, if, for example, endangered or threatened species are
present, the cumulative impacts of a type of hunt have not been
analyzed or are not available, or if a type of special hunt is not
compatible with the refuge purpose. Thus, this issue is decided
individually on a refuge-by-refuge basis. The Service remains committed
to opening hunting methods, including falconry and especially those
methods allowed by State regulations, whenever it is possible to do so
at a given refuge in a manner consistent with all purposes and
objectives of the refuge, in the professional judgment of the refuge
manager. Falconry has not been found compatible on Bill Williams River
and Havasu NWRs.
In response to the comment from the Arizona Game and Fish
Department regarding aligning dog regulations on refuges to State
regulations, we have made no changes to the rule. Even though State
regulations may allow dogs during hunting activities, our general
refuge regulations prohibit all domesticated animals at 50 CFR 26.21(b)
unless authorized by refuge-specific regulations. While refuges adopt
State hunting and fishing regulations to the extent practicable, they
must also comply with the general refuge regulations. Therefore, in
order to allow dogs during hunting activities, each refuge must
authorize the use of dogs during hunting activities in their refuge-
specific entries at 50 CFR part 32. As explained above, all uses on
refuges must be found compatible and must not conflict with refuge
objectives. Some refuges have found that the use of dogs during hunting
activities must be limited or not authorized in order to avoid conflict
with refuge objectives.
In response to the comment from the Arizona Game and Fish
Department regarding methods of take for javelina, we have changed the
CFR to remove shotgun shooting shot as a legal method of take for
javelina at Bill Williams River NWR in order to align with state
regulations.
In response to the Arizona Game and Fish Department's concern
regarding inconsistencies between refuges within the State, we have
made no changes to the rule. Refuges within the same State often have
different purposes, different endangered or threatened species, or
different habitats, and therefore all hunting and fishing activities
and regulations must be considered on a refuge-by-refuge basis as well.
Where we do not align with State regulations, we make every attempt to
align refuges within a State or geographic region to each other, but
this is not always possible to ensure compatibility.
In response to the Association of Fish and Wildlife Agencies, we
made no changes to the rule. A key difference from other states is that
refuges in Alaska are open to all hunting and fishing uses until closed
under the Alaska National Interest Lands Conservation Act (ANILCA; 16
U.S.C. 3111-3126). Where we have closed opportunities or limited the
use in comparison to State regulations, we promulgate those regulations
under 50 CFR part 36. We work closely with the Alaska Department of
Fish and Game when making these determinations and in assessing the
continued need for regulations.
Comment (4): We received comments from five Tribal governments on
the rule. The Shawnee Tribe in Oklahoma and Coushatta Tribe of
Louisiana both stated they did not have concerns about the proposed
rule. The Iowa Tribe of Kansas and Nebraska expressed
[[Page 48826]]
concerns about hunting of species with cultural significance at Loess
Bluffs NWR and hunting of ``nongame'' species, both at Loess Bluffs NWR
specifically and in the proposed rule generally. The Choctaw Nation of
Oklahoma Historic Preservation Department requested consultation with
respect to Choctaw NWR concerning cultural resource records and
requested that we add an inadvertent discovery clause to our
environmental assessment (EA) for the openings and expansions at the
refuge. The Osage Nation Historic Preservation Office commented twice
in order to: (1) Convey that the Nation had no concerns about the
proposed activities at Loess Bluffs NWR, which are not included this
final rule; and (2) request that the Service conduct a cultural
resources survey at Sequoyah NWR before any construction begins on the
two proposed new fishing ponds on the refuge.
Our Response: The Service appreciates the support of our Tribal
partners and is committed to working with our Tribal partners to
address their concerns around potential cultural resource,
socioeconomic, and ecological impacts from hunting and fishing
activities in the Refuge System.
In response to the Iowa Tribe of Kansas and Nebraska, we do not
include the proposed openings and expansions at Loess Bluffs NWR in
this rule. We will continue discussions with the Iowa Tribe of Kansas
and Nebraska on how these acres and species may be considered for
hunting openings and expansions in the future. As to the Iowa Tribe's
general concern about hunting of ``nongame'' species in the rule
overall, as explained in detail at Comment (8), below, before
authorizing any given hunting and sport fishing activity on a refuge,
we ensure the activity is compatible with the biological integrity and
ecological health of all species on the refuge. Also, as explained at
Comment (15), below, this applies as much to the hunting of predatory
and even apex predator species, which some people consider ``nongame''
species, as it applies to other species that are more commonly
considered target species for hunting or ``game'' species.
In response to the Choctaw Nation, we have provided the requested
information, including reports, site forms, and Choctaw NWR's
unanticipated discovery plan. We have also incorporated the suggested
inadvertent discovery clause into the refuge's EA document, as
requested.
In response to the Osage Nation, the Service is conducting a
cultural resources survey and continuing discussions with the Osage
Nation. The construction of the ponds and all proposed fishing
activities dependent on the ponds are contingent on the results of the
survey and of our discussions with the Osage Nation.
Comment (5): We received two comments with concerns that the
Service did not properly engage in government-to-government
consultations with Tribes in developing the openings, expansions, and
other changes in the proposed rule.
Our Response: For all openings and expansions of hunting and sport
fishing that the Service considers, the Service engages in government-
to-government consultations with any and all potentially affected
Tribal partners. As described in our response to Comment (1), above,
the Service engages our Tribal partners early in the planning process
along with our State and Territorial partners when developing proposed
changes to hunting and sport fishing on Service lands and waters.
We did not make any changes to the rule as a result of these
comments.
Comment (6): A couple commenters stated that the Service should not
defer to State fish and wildlife agencies on certain hunting
regulations and analysis of wildlife populations.
Our Response: The Service works closely with State agency partners
on all aspects of fish and wildlife conservation and management. With
respect to rules and regulations governing hunting and sport fishing,
the Service makes State regulations the default for any authorized
hunting and sport fishing to maximize regulatory efficiency and clarity
for the public, especially hunters and anglers who must abide by the
rules and regulations. The Service also makes a concerted effort to
align our rules and regulations with State rules and regulations to
maximize this efficiency and minimize confusion, but it is not an
abdication of our responsibility to regulate hunting on the Refuge
System because we still determine in every case whether or not State
hunting and fishing regulations are appropriate for the given refuge.
Whenever necessary for refuge purposes, conservation goals, ecological
health, or compatibility with other uses, the Service imposes alternate
and/or additional rules and regulations to those of the relevant State
agencies. With respect to wildlife monitoring and analysis of wildlife
populations, the Service does its own monitoring and analyses and looks
to these first. We do also draw on the work of State partners, both
because it provides more data to inform our decisions and because it
ensures we have information about fish and wildlife on a larger
geographic scale, which is critical for many species with large ranges
that extend far from Service lands and waters. The ultimate
determinations governing all hunting and sport fishing activities on
NWRS lands are made by the Service, and we fulfill our responsibilities
to administer hunting and sport fishing programs in a manner compatible
with both ecological health and integrity and other recreational uses
of refuges.
Comment (7): We received a number of comments arguing that we
should have prepared an environmental impact statement (EIS) instead of
station-specific environmental analyses combined with a national
cumulative impact report. Some of these comments also argued that
specific stations should have prepared an EIS where we prepared an
environmental assessment (EA) or an EA where we prepared a categorical
exclusion. One of these commenters also stated that the use of lead
ammunition or tackle presents an extraordinary circumstance that does
not allow for the use of a Categorical Exclusion. Relatedly, a few
commenters believed it improper for our NEPA documents to be draft
rather than final documents during our comment period.
Our Response: The Service disagrees with the comment that we should
prepare an EIS before proposing expanded hunting and fishing
opportunities on refuges or hatcheries. We completed individual EAs
for, or applied categorical exclusions to, 89 refuges and hatcheries,
in compliance with NEPA, to evaluate the impacts of opening or
expanding hunting and fishing opportunities on the stations through
this rulemaking. These EAs and categorical exclusions underwent
regional and national review to address and consider these actions from
a local, regional, multi-State, and/or flyway perspective, and to
consider the cumulative impacts from this larger geographical context.
The 2021-2022 cumulative impacts report concludes, after analyzing the
collective impacts of all EAs and categorical exclusions prepared in
connection with this rule, that the rule will not have significant
impacts at the local, regional, or national level. The commenters who
have raised these environmental analysis concerns have provided no
additional information that would change this analysis or our
conclusion. As discussed above, we annually conduct management
activities on refuges and hatcheries that minimize or offset impacts of
hunting and fishing on physical and cultural resources, including
establishing designated areas for hunting; restricting levels of use;
confining access and travel to designated locations; providing
[[Page 48827]]
education programs and materials for hunters, anglers, and other users;
and conducting law enforcement activities.
In this rulemaking, the Service is expanding opportunities for
recreational hunting and fishing. Expanding opportunities does not
necessarily result in increased impacts to refuge resources. We
anticipate that for some refuges, these expansions will not result in
changes in usage of the refuge. In other cases, these expansions may
lead to some increase in use of refuges, but these changes will likely
by minor. Opening of new refuges may attract people to the refuge, but
these hunters and/or anglers were likely already participating
elsewhere on State or other Federal lands. Overall, considering the
decreasing trends in hunting and fishing generally, and decreasing
trends of these activities on refuges specifically, we do not expect
this final rule to have a significant impact on the environment. As
noted in our cumulative impacts report, hunter participation trends
have been generally declining, some refuges attract a very small number
of participants, and often participation rates decline over the course
of a season.
Finally, a Federal court found that this approach, using a bottom-
up analysis to assess the cumulative impact of increased hunting and
fishing across the entire Refuge System, was an appropriate way for the
Service to analyze the impacts of the rule in compliance with NEPA (see
Fund for Animals v. Hall, 777 F. Supp. 2d 92, 105 (D.D.C. 2011)). We
disagree with the one commenter who sought to distinguish this
rulemaking from that case on the basis that (1) there were multiple
rulemakings before the court, and (2) this rule is larger than those
rules were in terms of the number of openings and expansions. These
differences do not matter to the court's conclusion that analysis of
cumulative impacts through a cumulative impacts report is appropriate.
First, the court reached a conclusion about what needs to be analyzed
for each individual rulemaking, even though the same challenge was
brought against multiple rulemakings. Second, the court could have, but
did not, set any limit on the number of openings and expansions the
cumulative impacts report could cover. The court likely did not do so
because a rule with more openings and expansions will simply have more
EAs and categorical exclusions in order to cover each station, and the
cumulative impacts report will correspondingly consider a larger number
of potential cumulative impacts as thoroughly as in any other iteration
of this annual rule.
We also disagree with one commenter's contention that the use of
lead ammunition or tackle presents an extraordinary circumstance that
will not allow for the use of a categorical exclusion. This question is
directly addressed by managers when they determine whether a
categorical exclusion is appropriate for a given expansion to hunting
and fishing on a refuge. Just as the level of lead introduced from
hunting and sport fishing has been found unlikely to produce
significant adverse impacts in all of our environmental assessments, it
was not considered to have significant adverse impacts for those
stations where an expansion to the hunting and/or fishing programs met
the criteria for a categorical exclusion. Finally, as the use of lead
ammunition and tackle has been allowed on refuges for decades in the
ordinary course of operations, it cannot reasonably be considered an
extraordinary circumstance for any station.
A few commenters raised a separate but related concern that they
believed it improper for our NEPA documents to be draft rather than
final documents after the Federal Register published the proposed rule.
These commenters misunderstand our rulemaking process. Our longstanding
approach to this annual rulemaking is that we have the required public
comment period for our NEPA documents and the required public comment
period for our proposed rule run concurrently and end on the same date.
The NEPA documents cannot be finalized without public comment, just as
we cannot issue a Final Rule before the public has commented on our
proposed rule. Not only is this approach compliant with all applicable
laws and regulations but it also provides important advantages for
public input. First, because we do create our draft NEPA documents
before drafting the proposed rule, so that our environmental impact
findings can inform the proposed rule, ending both public comment
periods on the same date results in longer public comment periods for
our NEPA documents. As an example, in this rulemaking cycle, instead of
the 30 days we would otherwise typically provide for an EA, for the EA
of Great Dismal Swamp NWR the public was given 88 days to provide
comments. Second, with draft NEPA documents we are able to make changes
to the EA that reflect changes made to the openings and expansions in
the rule in response to public comment on the rule, and vice versa. It
would be cumbersome, and potentially cause confusion for the public, to
go through a process of revising finalized EAs to make these same
changes. All of our EAs and other underlying planning documents will be
finalized and made public alongside the Final Rule, the content of
which they fully informed.
In response to comments, we reviewed all EAs and categorical
exclusions. Based on that review, we determined that the categorical
exclusion for Necedah NWR may require further consideration, and we do
not include the proposed expansions at Necedah NWR in this final rule.
The Service disagrees with the assertion that, for any of the stations
in this rule, we should have prepared an EIS instead of an EA or an EA
instead of a categorical exclusion. We also disagree with an assertion
that, for any of the stations in this rule, the analysis in the
respective EA or categorical exclusion is inadequate under NEPA.
We removed the proposed expansions at Necedah NWR from the rule,
but because they would have been administrative expansions, this did
not require revising any of the proposed regulatory changes for Necedah
NWR. Thus, we did not make any changes to the regulatory provisions in
this rule as a result of these comments.
Comment (8): We received several comments that alleged the proposed
rule is, or certain parts of the proposed rule are, a violation of the
Service's mandate to ensure that the biological integrity, diversity,
and environmental health of the Refuge System are maintained for the
benefit of present and future generations of Americans (16 U.S.C
668dd(a)(4)(B)). These commenters also expressed concern about the
health and genetic diversity of populations of the species being
hunted.
Our Response: We do not allow hunting on a refuge if it is found
incompatible with that individual refuge's purposes or with the mission
of the Refuge System. Part of the mission of the Refuge System is to
ensure that the biological integrity, diversity, and environmental
health of the Refuge System are maintained for the benefit of present
and future generations of Americans (16 U.S.C. 668dd(a)(4)(B)).
Therefore, each Service station manager uses his or her ``sound
professional judgment'' (see the definition of this term in the Service
Manual at 603 FW 2.6.U., available online at https://www.fws.gov/policy/603fw2.html) in making these inherently complex management
decisions to ensure that each proposed action complies with this
mandate. Each manager incorporates field experience, knowledge of
refuge resources, considerations of the refuge's role within an
ecosystem, applicable
[[Page 48828]]
laws, and best available science in making these decisions. Service
biologists and wildlife professionals, in consultation with the State,
determine the optimal number of each game animal that should reside in
an ecosystem and then establish hunt parameters (e.g., bag limits, sex
ratios) based on those analyses. We carefully consider how a proposed
hunt fits with individual refuge goals, objectives, and strategies
before allowing the hunt. The new or expanded hunting and/or fishing
opportunities in this rule are not expected to individually or
collectively result in significant adverse direct, indirect, or
cumulative impacts to hunted populations of migratory birds and
resident wildlife, nonhunted populations of migratory birds and
resident wildlife, endangered and threatened species, habitat and plant
resources, or other natural resources. We analyzed these impacts not
only in each refuge's NEPA document and ESA Section 7 document, but
also in the 2021-2022 cumulative impacts report.
The Service does not collect population data at the national level,
but is able to use State population data when analyzing the impacts at
individual stations or within a State. When determining the
compatibility of an activity, Service policy (603 FW 2) directs station
managers to utilize all available data in exercising their sound
professional judgement in the decision-making process.
We did not make any changes to the rule as a direct result of these
comments.
Comment (9): We received several comments that claimed the actions
in the proposed rule would imperil threatened and endangered species.
Some of these comments pointed to concerns regarding the Florida
Panther NWR in particular.
Our Response: In compliance with section 7 of the ESA, every
station determined that their proposed actions either would have ``no
effect'' or were ``not likely to adversely affect'' endangered and
threatened species or designated critical habitat present at that
station. The Service determined that the proposed action was not likely
to jeopardize any listed species, nor adversely modify its critical
habitat; and that the proposed action was not likely to jeopardize any
proposed or candidate species for listing as threatened or endangered.
Furthermore, as described in our cumulative impacts report, because
endangered and threatened species are usually highly localized, minor
or negligible impacts on an endangered or threatened species at a local
or even regional scale would likely have no cumulative impact on
national populations of those species. Thus, considering all impacts
cumulatively for each individual threatened or endangered species, it
is unlikely there will be any adverse impacts on such species, their
habitats, or their recovery from these openings and expansions of
hunting and sport fishing.
We do not allow hunting on a refuge if it is found incompatible
with that individual refuge's purposes or with the mission of the NWRS.
In addition, the Service's biological integrity, diversity, and
environmental health (BIDEH) policy (601 FW 3) guides decision-making
with respect to management of activities on refuges, including hunting.
Service biologists and wildlife professionals, in consultation with the
State, determine the optimal number of each game animal that should
reside in an ecosystem and then establish hunt parameters (e.g., bag
limits, sex ratios) based on those analyses. We carefully consider how
a proposed hunt fits with individual refuge goals, objectives, and
strategies before allowing the hunt. None of the known, estimated, or
projected harvests of migratory game birds, upland game, or big game
species in this rulemaking is expected to have significant adverse
direct, indirect, or cumulative impacts to hunted populations, non-
hunted wildlife, endangered or threatened species, plant or habitat
resources, wildlife-dependent recreation, prescribed fire, air, soil,
water, cultural resources, refuge facilities, solitude, or socio-
economics. We analyze these impacts not only in each refuge's NEPA
document, but also in the 2021-2022 cumulative impacts report.
While there may be some minor, localized, and temporary (short-
term) impacts to endangered and threatened species as a result of
hunting or fishing activities, every station ensured that these impacts
were minimized and, in many cases, offset them through a variety of
management activities.
In response to the comments expressing concern specifically about
Florida Panther NWR, the Service is opening three limited quota spring
turkey hunts and fishing on a 19-acre pond on that refuge. Therefore,
impacts on the endangered Florida panther (Puma (=Felis) concolor
coryi) are expected to be negligible to minor due to the limited number
of turkey hunting permits we will issue; the type, amount, and location
of approved public access; and the general locations of all proposed
project activities (e.g., highly disturbed areas impacted by human use
before the refuge was established). As outlined in the environmental
assessment (section B of the VSP), through the use of quota hunts, a
sustainable harvest is expected. A limited wild turkey hunt may be held
during three weekends of the Florida spring turkey season, and only one
bearded turkey may be harvested seasonally by permitted hunters. The
refuge hunt will adopt Florida State regulations at nearby State
wildlife management areas, and also add refuge-specific regulations to
ensure compatibility. Up to 25 permits on two quota weekend hunts
(i.e., 50 total permits) and up to 10 family groups (i.e., 20 total
permits) on the third weekend hunt may be issued annually. However,
Florida Panther NWR will monitor the turkey population and hunter
access to allow for adaptive management in the number of permits issued
annually. Also, no new roads or trails will be needed to accommodate
hunting on the refuge. The use of existing roads and trails will
accommodate turkey hunting. It is estimated that fewer than 70 hunters
will access the refuge, and they will take fewer than 8 turkeys each
season on the refuge. The local turkey population is expected to
rebound seasonally, with no significant effects anticipated. Rangewide,
this slight increase in take is not expected to have a cumulative
effect on the species.
In the ESA Section 7 analysis for Florida Panther NWR, we
concluded, based on the best available science and professional
judgment of refuge staff, that the hunting and fishing openings are not
likely to adversely impact the Florida panther. We have described the
turkey hunting activity above because it is the most likely source of
any minor disturbances that occur for panthers on the refuge. In
addition to the limits on turkey hunting detailed above, it is
important to note that turkey is not a primary prey species for the
Florida panther, so any temporary, minor change in the refuge's turkey
population should not affect panthers. Relatedly, even though panthers
will sometimes prey on turkeys, because lead ammunition is prohibited
for turkey hunting on the refuge there is no concern about lead
exposure from panthers scavenging hunted turkeys or turkey gut piles.
Well-managed hunt programs and other outdoor recreational activities do
not conflict with the Service's ability to recover the Florida panther
or other Federal trust species on Florida Panther NWR. An example of
this lack of conflict is evidenced by the fact that since conservation
and especially genetic diversification efforts began in the 1990s the
panther population has continued to increase
[[Page 48829]]
throughout southwest Florida even though hunting and other forms of
outdoor recreation have continued to occur as traditional uses across
millions of acres, including on both private and public lands. Panthers
are one of the most adaptable mammals in the Northern Hemisphere and
have home ranges in close proximity to human occupied areas in
southwest Florida (e.g., Golden Gate Estates). The proposed quota
turkey hunts are anticipated to only have minimal to moderate short-
term effects on the Florida panther and other Federal trust species.
Panther activity may be temporarily altered as a result of human
activity. However, any alteration of panther activity is expected to be
insignificant.
We did not make any changes to the rule as a result of these
comments.
Comment (10): Many commenters expressed concern over the use of
lead ammunition and/or lead fishing tackle on refuges and hatcheries.
Some commenters objected to these potential sources of lead at a
particular refuge or hatchery, and many individual commenters and
multiple organizations were concerned about lead nationwide and
referred us to various forms of evidence on the subject of lead impacts
to human and ecological health. Many of these commenters were
supportive of the increased access the Service proposed, but requested
the Service not allow lead ammunition or tackle. Some commenters
expressed specific concerns about raptor species, including the bald
eagle (Haliaeetus leucocephalus). One commenter stated that the use of
lead ammunition would violate the Bald and Golden Eagle Protection Act
of 1940 (16 U.S.C. 668-668c) and the Migratory Bird Treaty Act (16
U.S.C. 703 et seq.).
Our Response: The Service acknowledges concerns from commenters
about the issue of bioavailability of lead in the environment and is
aware of the potential impacts of lead on fish and wildlife. See, for
example, Nancy Golden, et al., ``A Review and Assessment of Spent Lead
Ammunition and Its Exposure and Effects to Scavenging Birds in the
United States,'' which is available online at https://www.fws.gov/midwest/refuges/Review%20and%20Assessment%20paper.pdf. Accordingly, the
Service pays special attention to species susceptible to lead uptake
and to sources of lead that could impact ecological and human health.
Historically, the principal cause of lead poisoning in waterfowl
was the high densities of lead shot in wetland sediments associated
with migratory bird hunting activities (Kendall et al. 1996). In 1991,
as a result of high bird mortality, the Service instituted a nationwide
ban on the use of lead shot for hunting waterfowl and coots (see 50 CFR
32.2(k)).
Yet, there remains some concern about the bioavailability of spent
lead ammunition (bullets) and fishing tackle on the environment, the
health of fish and wildlife, and human health. The Service is aware of
fish and wildlife species, including endangered and threatened species,
that are susceptible to biomagnification of lead from their food
sources or the food eaten by their food sources. There is also evidence
that some species are susceptible to direct ingestion of lead
ammunition or tackle due to their foraging behaviors. For example, the
Service recognizes that ingested lead fishing tackle has been found to
be a leading cause of mortality in adult common loons (Grade, T. et
al., 2017, in Population-level effects of lead fishing tackle on common
loons. The Journal of Wildlife Management 82(1): pp. 155-164). The
impacts of lead on human health and safety have been a focus of several
scientific studies. We are familiar with studies that have found the
ingestion of animals harvested via the use of lead ammunition increased
levels of lead in the human body (e.g., Buenz, E. (2016). Lead exposure
through eating wild game. American Journal of Medicine, 128: p. 458).
While there are concerns of lead's general potential for ecological
health impacts, we disagree with commenters that the use of lead
ammunition in connection with the particular openings and expansions of
hunting and fishing on the refuges and hatchery in this rulemaking will
significantly impact the environment or is likely to harm endangered or
threatened species. Each refuge and hatchery carefully evaluated
possible impacts to the environment, including to endangered and
threatened species, as part of the NEPA process. As discussed above, on
stations where lead ammunition or tackle is allowed, we found that the
number of hunters and anglers using lead ammunition or tackle would
result in no more than a negligible increase of lead in the
environment. As a result, we found there would be no significant impact
to the environment from the use of lead ammunition and/or tackle for
the station In addition, every refuge and hatchery looked at the
impacts of these new or expanded hunting and fishing opportunities,
including the allowance or prohibition of lead, on endangered and
threatened species in compliance with requirements under section 7 of
the ESA. The ESA requires Federal agencies to ensure that the actions
they carry out, fund, or authorize do not jeopardize the continued
existence of endangered or threatened species (listed species). For
each station, the Service determined that the proposed action was not
likely to adversely affect any listed species, nor jeopardize any
listed species. We also determined that the proposed action was not
likely to jeopardize any proposed or candidate species for listing as
threatened or endangered.
We also disagree with the commenter who asserted that the use of
lead ammunition will violate the Bald and Golden Eagle Protection Act
of 1940 (Eagle Act) and the Migratory Bird Treaty Act (MBTA). The
potential for lead to threaten any species, including raptors in
general and eagles in particular because of their protection under
these statutes, is a key part of the NEPA and ESA analyses that are
conducted before the authorization of any hunting or fishing on a
refuge for which lead ammunition or lead fishing tackle is allowed.
This ensures hunting and fishing activities are compliant with these
statutes. In fact, the MBTA explicitly authorizes the Secretary of the
Interior to create regulations governing take for all of the migratory
bird species covered by the treaty, including eagles (16 U.S.C.
704(a)). The promulgation of the hunting regulations in this rule under
the authority of the Secretary of the Interior means that the Secretary
has determined these hunting activities are compatible with the terms
of the MBTA and with the international conventions that are the basis
for the MBTA. Thus, the hunting regulations in this rule do not violate
the MBTA or the associated treaties.
The Service continues to educate hunters and anglers on the impacts
of lead on the environment, and particularly on human health and safety
concerns of ingesting animals harvested with lead ammunition. We always
encourage hunters and anglers to voluntarily use non-lead ammunition
and tackle for all harvest activities. For both ammunition and tackle,
alternatives to lead are becoming more widely available and used by
hunters and anglers; and despite the traditional view that non-lead
ammunition and tackle is more expensive, the costs have become
comparable.
We share a strong partnership with the States in managing wildlife
and therefore, when determining whether to prohibit the use of lead
ammunition or tackle, we have traditionally deferred to State
regulations. For example, in California, the use of lead ammunition
[[Page 48830]]
is prohibited statewide, including on all Service lands, largely in
response to the adverse impacts of lead on the endangered California
condor (Gymnogyps californianus). We will continue to research this
issue and plan to continue engaging with States and other partners to
promote the use of non-lead ammunition and tackle.
Although there is not a Service-wide ban on lead ammunition for
non-migratory bird hunting activities or on lead fishing tackle, the
Service has taken specific steps to limit the use of lead in hunting
and fishing activities on refuges and hatcheries. Currently, under 50
CFR 32.2(k), all refuges and hatcheries may require the use of nontoxic
ammunition for all hunting other than deer and turkey hunting through
brochures, signage, and other forms of public notification. For deer
hunting, turkey hunting, and fishing, refuges and hatcheries must
promulgate station-specific regulations. Notably, we continue, in these
annual rulemakings updating the regulations for hunting and fishing on
NWRs and NFHs, to phase out the use of lead on Service lands and
waters. Currently, including the regulatory changes in this rule, 82 of
the 434 stations open to hunting restrict lead ammunition use for deer
and/or turkey hunting, and 23 of the 378 stations open to fishing
restrict lead tackle for fishing. In this rule, 17 stations are putting
forward restrictions on the use of lead ammunition and/or lead fishing
tackle. However, we acknowledge that with the increased access provided
to hunters and anglers on Service lands and waters in the past few
years, despite the Service's efforts to mitigate the impact of lead on
the environment, the increase in number of hunting and angling
opportunities has outpaced the increase in number of opportunities
subject to lead use restrictions.
Based on the recent historic expansions in our hunting and fishing
programs, and per our policy, the Service will continue to evaluate
lead use in hunting and fishing on Service lands and waters.
Comment (11): A few commenters expressed opposition to a
prohibition on lead ammunition for hunting. The arguments these
commenters put forward were that hunters on a given refuge would not
take enough shots to create dangerous levels of lead and that reducing
lead is a positive move but regulations prohibiting lead might result
in anger and backlash.
Our Response: We recognize that lead in the environment carries
risks for fish and wildlife, which is why lead ammunition is not
allowed for waterfowl hunting on any refuge and lead ammunition is
prohibited on refuges in California in order to protect the California
condor. However, most hunting and sport fishing activities do not
introduce enough lead into the environment to pose a significant danger
to any species or to make it likely listed species will experience
adverse effects. Accordingly, lead ammunition and tackle are currently
allowed where our NEPA and ESA analyses determine the activity is not
likely to result in dangerous levels of lead exposure. Even for the
hunting and sport fishing opportunities where we have determined lead
will be allowed, we educate hunters about lead and encourage the use of
nontoxic alternatives. This education and encouragement, coupled with
the declining price of nontoxic alternatives and others trends, have
allowed us to introduce lead prohibitions for all or some hunting and
sport fishing activities, in addition to waterfowl hunting, on many of
our refuges without significant opposition from our State partners,
local hunters and anglers, or other stakeholders. This includes
provisions prohibiting the use of lead ammunition or lead fishing
tackle for 17 different stations in this rule.
Comment (12): We received several comments concerned with impacts
of this rule on migratory birds. A few of these commenters were
particularly concerned about those refuges whose purposes include
``inviolate sanctuaries for migratory birds'' or that have been
designated as ``important bird areas'' (IBAs) by the Audubon Society.
Our Response: All of the migratory bird hunting opportunities on
Service lands are done within the frameworks set by the Service in
compliance with the MBTA. These frameworks set season lengths, bag
limits, and areas for migratory game bird hunting and ensure that
hunting will not have adverse impacts on the populations of the various
species of migratory birds through rigorous biological monitoring,
information collection, and data review. To determine the appropriate
frameworks for each species, the Service considers factors such as
population size and trend, geographical distribution, annual breeding
effort, the condition of breeding and wintering habitat, the number of
hunters, and the anticipated harvest. After frameworks are established
for season lengths, bag limits, and areas for migratory game bird
hunting, States may select season dates, bag limits, and other
regulatory options for the hunting seasons. States may always be more
restrictive in their selections than the Federal frameworks, but never
more permissive. For more information on this process, see the 2021-
2022 cumulative impacts report at https://www.regulations.gov under
Docket No. FWS-HQ-NWRS-2021-0027.
Our analysis in the cumulative impacts report of the expansion of
hunting of migratory game birds on Service lands through this rule
indicates that the proposed harvests, or intentional take, of each
species will constitute a negligible component of both national and
flyway harvest. Station-specific migratory game bird hunting
regulations are established within the above discussed frameworks and
in compliance with NEPA to ensure that adverse impacts will not
accumulate over time; thus, the harvest is expected to have a
negligible impact on migratory bird resources within NWRs.
In addition to all hunting for migratory game birds being set
within this national framework, and as with all species hunted in the
Refuge System, each station must also ensure that the hunting or
fishing opportunity is compatible, or in the case of NFHs not
detrimental, with the purpose of that station and complies with
applicable provisions of NEPA, ESA, and other applicable laws and
policy before opening or expanding migratory bird hunting. This
thorough process ensures that the Service has analyzed the potential
impacts of the proposed hunting or fishing opportunity and determined
that the opportunity would not have a significant impact on any
migratory bird species, not just the targeted species.
Where inviolate sanctuaries occur on NWRs, all uses must be
evaluated for appropriateness and, if necessary, compatibility. The
language within the Administration Act only applies to those lands with
the designation of inviolate sanctuary for migratory birds. With this
in mind, other uses (e.g., big game hunting, hiking, auto tours, etc.)
can be allowed as long as they are compatible. When determining
compatibility, the Service must consider the high bar that the
inviolate sanctuary designation established.
In addition, refuges with this designation will have to evaluate
the influence of uses occurring or potentially occurring on other
portions of the refuge and how they may affect the inviolate
sanctuaries. Although this designation sets a higher level of
consideration, it is clear that Congress intended for these areas to be
considered for use when compatible. In the case of IBA designations
from the Audubon Society, while several refuges
[[Page 48831]]
in the rule do have these IBA designations, these designations do not
place any additional legal restrictions related to migratory birds on
management of these refuges. As discussed previously, each station goes
through several different processes, including compatibility
determinations, NEPA compliance, and ESA compliance, to ensure that the
hunting and fishing opportunities proposed would have no significant
impacts on populations of migratory birds in compliance with the
Service's mandates under the MBTA, Administration Act, or other
applicable laws and policies.
We did not make any changes to the rule as a result of these
comments.
Comment (13): A number of commenters mentioned climate change, as a
general environmental issue, as something we should consider in
developing this rule. A few of these commenters specifically argued
that we did not fully consider the impacts this rule could have in
conjunction with the separate impacts of climate change on fish,
wildlife, and other refuge resources. One comment invoked Executive
Order 14008, which calls on government agencies to ``combat the climate
crisis'' through conservation and other measures.
Our Response: The Service recognizes climate change as a threat to
human and ecological health and operates in compliance with Executive
Order (E.O.) 14008. The conservation goals and operations of the Refuge
System are well-aligned with E.O. 14008, and this rule in particular is
consistent with the Executive order.
We consider climate change factors in this rule, as with all
actions on Service lands. Where appropriate, the effects of climate
change on individual species and refuge natural resources are
considered throughout the individual NEPA documents, individual ESA
section 7 documents, and cumulative impacts report. If such analysis
determined that a given hunting or sport fishing activity, in
conjunction with the effects of climate change, would result in adverse
impacts to protected species or biological integrity, then the refuge
manager would not authorize the activity.
In addition to considering the impacts of climate change on the
management of wildlife, we respond to a changing climate through the
annual process of setting hunting and fishing seasons. Hunting seasons
are based on biological monitoring and coordination with our State
partners. In some circumstances, seasons may be adjusted based on
predicted harvest rates, population levels, seasonal factors, and other
assessments. While this process is not necessarily climate-based, over
time, as the variables mentioned above change, we respond by altering
regulations accordingly. These regulatory changes are only incremental
changes that build on previous changes. Any major changes in station or
environmental conditions, such as an unsustainable decrease in a
species' population or sizeable increases in refuge or hatchery acreage
or public uses, would trigger additional planning, NEPA review,
compatibility determinations, and ESA section 7 evaluation processes.
The Service may reevaluate compatibility at any time if conditions
warrant. These required planning and management processes ensure that
adverse impacts will not accumulate over time.
We did not make any changes to the rule as a result of these
comments.
Comment (14): We also received various comments expressing the
sentiment that ``trophy hunting,'' baiting, and hounding of predators
are ``unsportsmanlike'' activities and inappropriate uses on Service
lands. Some comments also expressed a desire for the Service to enact a
ban on ``hunting contests.''
Our Response: The Service does not attempt to define or authorize
``trophy hunting'' in any of our laws, regulations, or policies
concerning hunting. We follow State hunting and fishing regulations
(except for where we determine it is necessary to be more restrictive
on individual stations), including State regulations concerning
responsible hunting, or prohibitions on wanton waste (defined as ``to
intentionally waste something negligently or inappropriately'').
We apply this same stance on alleged ``hunting contests.'' The
Service follows State bag limits for species open to hunting, except
where we may restrict bag limits in order to meet compatibility
requirements for the activity. In States where excessive take of
particular species is encouraged for sport only, the Service would
restrict bag limits. We only allow hunting on refuges and hatcheries
when we have determined that the opportunity is sustainable and
compatible. For example, ``contests'' targeting non-game species where
there are no bag limits under State regulations, including species
classified as ``predators'' under State laws, are permitted in Oregon
and Idaho. However, the Service would not issue permits for coyote
hunting ``contests'' at refuges in these States for several reasons,
including unacceptable disturbance impacts to other game and nongame
species, conflicts with other user groups, and conflicts with the
Service's BIDEH policy.
Under 50 CFR 26.21(b), the use of dogs for hounding is prohibited
on refuges unless authorized by station-specific regulations, and many
refuges only authorize the use of dogs for retrieval of migratory
birds, upland game birds, and small game. Most refuges that allow dogs
require that the dogs are under the immediate control of the hunter at
all times or leashed, unless actively retrieving an animal. Most of the
commenters who expressed opposition to the use of dogs referenced
Silvio O. Conte NWR specifically. The use of dogs will still be allowed
at Silvio O. Conte NWR for hunting of waterfowl and game species in
accordance with state regulations. However, because of the concerns of
commenters we will require hunters who wish to use more than two dogs
at a time for hunting of any species anywhere on the refuge to obtain a
special use permit and on the Putney Mountain Unit specifically we are
only allowing the use of dogs for migratory bird and grouse hunting.
In States where baiting is allowed, most refuges have elected to be
more restrictive and not support this method of hunting. Furthermore,
most of the commenters who expressed opposition to baiting referenced
Silvio O. Conte NWR specifically, but that refuge does not allow
baiting.
We made changes to the rule for the use of dogs at Silvio O. Conte
NWR as described above, but made no other changes to the rule as a
result of these comments.
Comment (15): We received a few comments expressing concern about
opening and expanding opportunities for hunting of predator species.
Some commenters alleged that we did not give enough consideration to
the impacts of those proposed hunts, and that the hunts conflicted with
the Service's mandates under the Administration Act to maintain the
biological integrity, diversity, and environmental health of the
refuge. One of these commenters also brought our attention to the
omission of coyote from species lists for three refuges in our
cumulative impacts report.
Our Response: Refuge managers consider predator management
decisions on a case-by-case basis. As with all species, a refuge
manager makes a decision about managing predator populations, which are
included in the category of resident wildlife, including allowing
predatory species to be hunted, only after careful examination to
ensure the action would comply with relevant laws, policies, and
directives. The Administration Act, as amended, directs
[[Page 48832]]
the Service to manage refuges for ``biological integrity, diversity,
and environmental health.'' Predators play a critical role in the
integrity, diversity, and overall health of ecosystems, so before
allowing predators to be hunted, a refuge manager must ensure that
these actions do not threaten the integrity, diversity, or health of
the refuge ecosystem. The manager must also determine that the action
is compatible with refuge purposes and the mission of the Refuge
System, and in keeping with the refuge's CCP and other step-down plans.
In addition, the refuge manager analyzes the impacts of the actions on
the environment through the NEPA process and section 7 of the ESA.
Therefore, a refuge manager must take many steps to ensure that any
opportunity for hunting predators on a refuge meets the Service's
applicable laws and policies.
For example, we received one comment advocating for the hunting of
predator species during established State seasons at Sherburne NWR in
Minnesota. The refuge manager at Sherburne NWR had already considered
adding such hunts, but determined that the seasons and hours of
predator hunting in Minnesota would conflict with the months of the
year and hours of the day in which the refuge is open to the public.
Sherburne NWR observes a sanctuary period from March 1 through August
31, and is only open during daylight hours. Predator hunting in
Minnesota is primarily at night and primarily during the summer months.
We will not be able to grant the request of this commenter because it
is not compatible with the conservation purposes and practices of
Sherburne NWR.
The Administration Act, as amended, also mandates that regulations
allowing hunting or fishing of fish and resident wildlife within the
Refuge System shall be, to the extent practicable, consistent with
State fish and wildlife laws, regulations, and management plans (16
U.S.C. 668dd(m)). Therefore, all the opportunities for hunting
predators in this rule that are intended to bring greater consistency
with State fish and wildlife laws, regulations, and management plans
are part of realizing the Service's mission. Moreover, these, as with
all predator hunting determinations and all hunting and fishing
determinations, were only made after careful consideration by the
refuge manager to ensure that such actions would not threaten the
integrity, diversity, and overall health of the ecosystem and were
compatible with both the purpose of the refuge and the mission of the
Refuge System. For NFHs, the hatchery manager made the decision that
such opportunities were not detrimental to the propagation of fish,
wildlife, or aquatic species (50 CFR 70.1). Finally, both the NEPA
process and the rulemaking process provide opportunities for the public
to provide comments and any additional information on impacts of our
actions. We considered the additional information provided from the
public on this issue during these public comment periods and determined
that they did not affect our initial determinations that these small
and minor opportunities for hunting predators on specific refuges or
hatcheries will have no more than minor impacts on the population
health of these species or other wildlife at the local, regional, or
national level.
Lastly, one commenter noted that for a particular predator (coyote)
the cumulative impacts report omitted proposed hunts from the narrative
descriptions of the openings and expansions for three stations: Bogue
Chitto NWR, Loess Bluffs NWR, and Malheur NWR. Those typographical
errors have been corrected for Bogue Chitto NWR and Malheur NWR. In the
case of Loess Bluffs NWR, all hunting openings and expansions described
in the May 4, 2021, proposed rule are not included in this final rule,
in recognition of concerns expressed by the Iowa Tribe of Kansas and
Nebraska.
We have changed the cumulative impacts report as described, but did
not make any changes to the rule as a result of these comments.
Comment (16): One commenter stated that the Service did not
properly consider the impacts of allowing beaver hunting because beaver
dams can alter water flow in ways that provide habitats for other
species.
Our Response: This rule includes the opening or expansion of beaver
hunting on multiple refuges, both as a target species and as incidental
take during hunts for other species. For each of these refuges
individually, the NEPA analysis and ESA section 7 analysis consider the
potential impacts of allowing hunters to take beaver. As with all
target species, the refuge manager must ensure that authorizing hunting
does not threaten the integrity, diversity, or health of the refuge
ecosystem. This includes effects on other species from the loss of
individuals from the given target species, which encompasses effects
from the absence of beaver dams that change water flows just as it
encompasses effects from reduced predation, reduced foraging pressure,
and other mechanisms that can impact non-target species. The manager
must also determine that the action is compatible with refuge purposes
and the mission of the Refuge System, and in keeping with the refuge's
CCP and other step-down plans. As a result, the beaver hunts in this
rule do not present a threat to ecosystem health or other species
either directly from the take of individual beavers or indirectly
through the effect of beaver hunting on the number and strength of
beaver dams. In fact, on many refuges beavers are already managed by
refuge staff to prevent habitat damage caused by beaver dams, which can
have negative impacts on vegetation, moist soil units, and other refuge
resources. Finally, the Service does not anticipate substantial take of
beavers on any particular refuge or cumulatively.
We did not make any changes to the rule as a result of this
comment.
Comment (17): We received several comments that expressed concern
over some aspect of public safety. Commenters raised concerns about
openings or expansions of hunting at certain stations based on the
conflicts with other visitors to the refuge or the need for adequate
funding and/or staffing. In particular, the most common specific
concern was that the increase in openings and expansions of hunting and
sport fishing would overwhelm existing law enforcement capacity. These
concerns were expressed for multiple specific stations and as a
nationwide issue.
Our Response: The Service considers public safety to be a top
priority. In order to open or expand hunting or sport fishing on a
refuge, we must find the activity compatible. In order to find an
activity compatible, the activity must not ``materially interfere with
or detract from'' public safety, wildlife resources, or the purpose of
the refuge (see the Service Manual at 603 FW 2.6.B., available online
at https://www.fws.gov/policy/603fw2.html). For this rulemaking, we
specifically analyzed the possible impacts of the changes to hunting
programs at each refuge and hatchery on visitor use and experience,
including public safety concerns and possible conflicts between user
groups.
Hunting of resident wildlife on refuges generally occurs consistent
with State regulations, which are designed to protect public safety.
Refuges may also develop refuge-specific hunting regulations that are
more restrictive than State regulations in order to help meet specific
refuge objectives, including protecting public safety. Refuges use many
techniques to ensure the safety of hunters and visitors, such as
requiring hunters to wear blaze orange,
[[Page 48833]]
controlling the density of hunters, limiting where firearms can be
discharged (e.g., not across roads, away from buildings), and using
time and space zoning to limit conflicts between hunters and other
visitors. It is worth noting that injuries and deaths related to
hunting are extremely rare, both for hunters themselves and for the
nonhunting public.
Public comment is important in ensuring we have considered all
available information and concerns before making a final decision on a
proposed opening or expansion. For all of the proposed openings or
expansions of hunting in our May 4, 2021, proposed rule (86 FR 23794),
we have determined that there are sufficient protections in place as
part of the hunt program at that station to ensure public safety. For
more information on the Service's efforts to ensure public safety at a
particular station, please see that station's hunt plan, compatibility
determination, and associated NEPA analysis.
Regarding concerns about lack of funding or staffing, Service
policy (603 FW 2.12.A.(7)) requires station managers to determine that
adequate resources (including personnel, which in turn includes law
enforcement) exist or can be provided by the Service or a partner to
properly develop, operate, and maintain the use in a way that will not
materially interfere with or detract from fulfillment of the refuge
purpose(s) and the Service's mission. If resources are lacking for
establishment or continuation of wildlife-dependent recreational uses,
the refuge manager will make reasonable efforts to obtain additional
resources or outside assistance from States, other public agencies,
local communities, and/or private and nonprofit groups before
determining that the use is not compatible. When Service law
enforcement resources are lacking, we are often able to rely upon State
fish and game law-enforcement capacity to assist in enforcement of
hunting and fishing regulations. One commenter noted that our hunt plan
document for the Potomac River NWR Complex specifically states that
State law enforcement will take on the role of enforcing hunting and
fishing regulations and asked that the hunt plan provide further
detail. Specific information on how we responded to this comment
letter's request for more detail on particular hunting and fishing
opportunities at Potomac River NWR Complex can be found in that
station's final hunt plan, compatibility determination, and finding of
no significant impact documents.
For all 89 stations opening or expanding hunting and/or sport
fishing in this rule, we have determined that we have adequate
resources, including law enforcement personnel, to develop, operate,
and maintain the hunt programs.
We did not make any additional changes to the rule as a result of
these comments.
Comment (18): We received additional comments supporting the
requests made by the Arizona Game and Fish Department to allow falconry
on refuges within the State and to align dog regulations on refuges to
State regulations. They also echoed the concern from the State about
inconsistencies on refuges within the State.
Our Response: As described in our response to Comment (3), above,
we determine both whether falconry and the use of dogs for hunting is
compatible on a refuge-by-refuge basis. We also determine refuge
regulations on a refuge-by-refuge basis, and while we strive to achieve
consistency on refuges within a State, different regulations are
sometimes required. This allows us to ensure that these uses are
compatible with the purposes of the refuge.
We did not make any changes to the rule as a direct result of these
comments.
Comment (19): We received two comments about reduced hunt quality
from hunter overcrowding at particular refuges. One comment expressed
concerns that the changes, especially removing the lottery limitation
on waterfowl hunting, at Sam D. Hamilton Noxubee NWR would lead to
hunter overcrowding. The other comment expressed concerns that
additional gun hunting for deer at Sherburne NWR would reduce the
quality of the current deer bow hunting season on that refuge.
Our Response: For Sam D. Hamilton Noxubee NWR, the Service does not
conclude removing the lottery draw will impact the quality of the
waterfowl hunt or lead to overcrowding, as more areas will be open to
hunting resulting in reduced overcrowding. As outlined in the NEPA and
planning documents for the change, the Service will eliminate the
lottery waterfowl hunting on the refuge to reduce the application
process for the users and the associated administrative burden for the
refuge. The hunt program was designed to be supportive of hunters of
diverse backgrounds. Further, the Service designed the hunt program on
the refuge to better align, where appropriate and possible, with State
regulations.
For Sherburne NWR, the Service recognizes that the new muzzleloader
deer hunting as proposed may create problems for the existing bow
hunting season. Accordingly, we are modifying the new muzzleloader
hunting: instead of opening muzzleloader hunting in Areas A, B, and C
we will only open it in Area A. The muzzleloader hunting will otherwise
operate as proposed. This change ensures that Area B will only be open
to bow hunters after the existing 9-day gun season ends. Area C will
remain closed to all hunting following the 9-day gun season.
We changed the hunting at Sherburne NWR from the proposed rule as
described, but did not make any changes to the regulatory text of the
rule or any other changes as a direct result of these comments.
Comment (20): A couple of commenters stated that hunting and sport
fishing activities could introduce invasive species to refuge lands or
waters.
Our Response: We are aware of the ecological threats posed by
invasive species and make it a part of all Service actions to limit the
spread of invasive species. Many of the refuges opening or expanding
hunting and sport fishing under this rule have both mitigation measures
for invasive species in connection with the hunting and sport fishing
activities and separate measures taken on refuge lands and waters to
limit invasive species.
We also explicitly consider invasive species in our analyses of
proposed hunting and sport fishing openings and expansions. As one of
the two commenters noted, the cumulative impacts report directly
addresses concerns about invasive species. We conclude there that
invasive species do not present a significant risk, at individual
refuges or cumulatively, because the participants in activities that
present the risk of introducing invasive species generally come to the
refuge from within the local area and are few in number.
Moreover, in some cases and as seen in this rule, we may use
hunting as a management tool with the explicit goal of reducing
populations of invasive species that threaten ecosystem stability.
Therefore, facilitating hunting opportunities is an important aspect of
the Service's roles and responsibilities for management of invasive
species.
We did not make any changes to the rule as a result of these
comments.
Comment (21): One commenter quoted the proposed rule's description
of the Service's statutory authority to promulgate this rule and
interpreted the quotation as indicating a ``compatibility assessment''
was not prepared for each station in the rule.
[[Page 48834]]
Our Response: This commenter has misinterpreted the quoted language
from the rule. The proposed rule's preamble states, ``[w]e develop
specific management plans for each refuge prior to opening it to
hunting or sport fishing. In many cases, we develop station-specific
regulations to ensure the compatibility of the programs with the
purpose(s) for which we established the refuge or hatchery and the
Refuge and Hatchery System mission'' (86 FR 23794, May 4, 2021, p. 86
FR 23795). This explains that management plans for many refuges call
for promulgating station-specific regulations that ensure the
compatibility of hunting and fishing programs with the purpose of the
given refuge. As described in response to Comment (6), above, the
appropriate State regulations set the default rules for hunting and
sport fishing activities that are authorized on a refuge, but the
Service often has to supplement these regulations with our own
regulations to ensure compatibility. These are the regulations
described as being needed ``in many cases'' and many such regulations
are contained in this rule. The proposed rule's preamble goes on to
state, ``[w]e ensure initial compliance with the Administration Act and
the Recreation Act for hunting and sport fishing on newly acquired land
through an interim determination of compatibility made at or near the
time of acquisition'' (86 FR 23794, May 4, 2021, p. 86 FR 23795). This
describes another step, separate from developing regulations, in the
process of planning hunting and sport fishing activities on a refuge:
making a compatibility determination based on the nature of the hunting
or sport fishing activity under consideration and the purposes of the
particular refuge. These compatibility determinations must be and are
made for every activity at every station that offers hunting or sport
fishing activities. The phrase ``in many cases'' as used in the
proposed rule is not grammatically tied to compatibility determinations
and would never be used by the Service to describe compatibility
determinations, as they are a necessary management step for all
stations that offer wildlife-dependent recreation.
We did not make any changes to the rule as a direct result of this
comment.
Comment (22): One commenter argued that the proposed rule violates
the Recreation Act in not curtailing public recreation, violates the
Administration Act in not preserving biological integrity, and violates
the Improvement Act in disrupting ecological processes.
Our Response: We disagree with the commenter's statement that this
rule violates the Recreation Act. The Recreation Act provides that the
Secretary shall curtail public recreation use generally in order to
ensure accomplishment of the primary purposes for which said
conservation areas were acquired or established. Thus, Congress
delegated the responsibility of determining when to curtail all types
of public recreation in the interest of the conservation purposes of
each refuge to the Secretary of the Interior, and by extension to the
Service. We disagree with the commenter's claim that the Recreation Act
calls on the Secretary to curtail public recreation uses generally,
especially when the later-enacted Administration Act and Improvement
Act explicitly allow, and even prioritize, hunting and sport fishing on
refuges. The commenter's interpretation also goes against the spirit of
the Recreation Act because this statute was meant to facilitate public
use and enjoyment of conservation areas, like refuge system lands.
Moreover, there is nothing in this Act to indicate that, as the
commenter implied, a recreational use must ``provide income'' to the
Service or be necessary for wildlife management in order for the
Secretary to authorize it.
We disagree with the commenter's statement that this rule violates
the Administration Act. The commenter is correct that the Secretary,
and by extension the Service, must create regulations for hunting
within the Refuge System that ``ensure that the biological integrity,
diversity, and environmental health of the System are maintained.'' The
commenter is incorrect in concluding that this rule violates this part
of the Refuge system mission because the commenter fails to recognize
that our compatibility determination, NEPA, ESA section 7, and
cumulative impacts report processes and analyses take into full account
both lead exposure risks and food chain impacts. From these analyses,
we determine that our fishing and hunting activities comply with our
BIDEH policies based upon the best available science and the
professional judgment of Service employees.
The commenter first states that allowing lead shot for certain
turkey hunts does not ensure biological integrity and environmental
health. Where our analysis and expertise indicate that lead presents a
significant danger to biological integrity and environmental health,
the use of lead is not allowed; the primary examples are that lead
ammunition is prohibited for all waterfowl hunting on all refuges, and
all lead is prohibited from NWRs in the State of California in order to
protect the California condor. The potential for lead to threaten
biological integrity and environmental health is a key part of the NEPA
and ESA analyses that are conducted before the authorization of any
hunting or sport fishing activity on a refuge for which lead ammunition
or tackle is allowed. For more on the topic of the use of lead for
hunting and fishing in the Refuge System, see our response to Comment
(10), above.
The commenter next states that allowing the hunting of species at
or near the top of the food chain in their given habitat does not
ensure biological integrity because it would cause overpopulation of
prey species lower on the food chain. While this rule does open or
expand hunting of the specific species mentioned by the commenter
(pronghorn, sandhill crane, and black bear) and other species atop or
near the top of food chains, these hunts will not cause disruptive
changes to population sizes of any species. Predators play a critical
role in the integrity, diversity, and overall health of ecosystems, so
before allowing predators to be hunted, a refuge manager must ensure
that these actions do not threaten the integrity, diversity, or health
of the refuge ecosystem. The manager must also determine that the
action is compatible with refuge purposes and the mission of the Refuge
System, and in keeping with the refuge's CCP and other step-down plans.
Hunting that would cause too large a reduction in the population of any
species or overpopulation of any species would not be authorized,
including under this rule. For more on the topic of authorized hunting
of predator species in the Refuge System, see our response to Comment
(15), above.
We disagree with the commenter's statement that this rule violates
the Improvement Act. The commenter claims that the Improvement Act
``demands the conservation of ecological processes,'' but no such
language appears in the Improvement Act. The Improvement Act states
instead that the Secretary shall provide for the conservation of fish,
wildlife, and plants, and their habitats within the Refuge System. Even
though the notion of ``ecological processes'' is absent from the
statute, the Service does always consider the health and genetic
diversity of wildlife populations in administering hunting and sport
fishing within the Refuge System. As already noted above, for any
proposed hunting activity the refuge manager must ensure that it does
not threaten the integrity, diversity, or health of the refuge
ecosystem. The manager must also determine that the action is
compatible
[[Page 48835]]
with refuge purposes and the mission of the Refuge System, and in
keeping with the refuge's CCP and other step-down plans. If hunting
would not be a viable tool for a given population, because of genetic
diversity concerns or otherwise, other methods of preventing
overpopulation are employed. The example of hunting providing a benefit
for managing deer populations that the Service provided online, and
which the commenter cited, is only meant to illustrate a potential
benefit from certain hunts, not that such a benefit is the only
consideration when authorizing hunting. While hunting may be a part of
a refuge's population control strategies for certain species, the
Service considers all effects of hunting (e.g., impacts to genetic
diversity) and compatibility with conservation purposes before
authorizing such an activity.
The commenter concludes that any hunting at all on refuges will
disrupt ecological processes and should therefore not be allowed. While
the Improvement Act does not include any discussion of ``ecological
processes,'' it does, however, direct that the Secretary shall both
recognize compatible wildlife-dependent recreational uses as the
priority general public uses of the Refuge System and ensure that
opportunities are provided within the Refuge System for compatible
wildlife-dependent recreational uses. The Improvement Act's definition
of ``wildlife-dependent recreational use'' includes a use of a refuge
involving hunting (among four other uses). Thus, the Service is
actually directed by the statute to not only allow but to prioritize
hunting on refuges whenever compatible with the conservation mission of
the Refuge System.
We did not make any changes to the rule as a direct result of this
comment.
Comment (23): We received two comments that touched on the proposed
rule's discussion of the economic impacts of the rule. One commenter
argued that we must use a survey to determine how much non-consumptive,
wildlife-dependent recreational use days might decrease because of this
rule and include local economic impacts from a decrease in visitation
from such users. The second commenter claimed that we must conduct a
benefit-cost analysis for this rule and that it must include the cost
to the Service to implement the rule and any loss of revenue from non-
consumptive users.
Our Response: For the first comment, it is important to note that
calculations of the local economic impacts are done for purposes of the
Regulatory Flexibility Act (5 U.S.C. 601 et seq.) to support our
determination that the rule will not have a significant economic impact
on a substantial number of small entities. The rule is not promulgated
solely because of the estimated benefits to local economies; the
hunting and sport fishing openings and expansions in the rule are
promulgated because of the public recreational benefits they provide,
which the Service does not quantify. The commenter is correct that non-
consumptive users are an important user group at our refuges and
hatcheries, and they do bring benefits to local economies. However, the
commenter's argument that we need to consider economic impacts of the
rule on non-consumptive users, and presumably that it would change our
finding on the significance of the rule's impact if we did, does not
persuade us for two key reasons. First, if the impacts the commenter
describes, lost revenue for local economies from fewer non-consumptive
use days at refuges and hatcheries, were to occur as a result of this
rule, they would be offset by the increased revenues that we have
calculated for the added hunting and fishing use days. This means that
calculating both impacts, again assuming there in fact were lost non-
consumptive use days, could never result in a larger monetary impact
estimate than could be calculated by only considering one or the other
alone. Thus, calculating net economic impacts from both user groups
would not change the significance determination.
Second, calculating only the economic impact of the rule's effects
on non-consumptive users of the refuges would not likely result in a
higher estimate of maximum nationwide economic impact because there are
no expected significant effects on this user group, which means the
estimated economic impacts would be virtually zero. As discussed above
in our response to Comment (17), this rule is not expected to
significantly impact non-consumptive users. None of the provisions in
this rule regulate non-consumptive uses of the refuge, and all openings
and expansions of hunting and fishing are assessed for compatibility
with non-consumptive uses. The Service has put in place many
restrictions on hunting and fishing programs, including some added in
response to comments on this rule, in order to ensure that we balance
the various priority wildlife-dependent recreation uses on all refuges
and hatcheries. We do not expect the rule to significantly affect non-
consumptive use of the refuges and hatcheries.
Regarding the second comment, if a rulemaking is designated as a
``significant'' regulatory action under E.O. 12866 by the Office of
Management and Budget's (OMB's) Office of Information and Regulatory
Affairs (OIRA), then that rulemaking must, to the extent possible,
include a detailed analysis of the benefits and costs of the action.
OIRA determined that this rulemaking is ``not significant'' under E.O.
12866, so a detailed analysis of the costs and benefits of this action
is not required. However, we provide our factual basis for certifying
that this rule will not have a significant economic impact on a
substantial number of small entities below under Regulatory Flexibility
Act. As earlier in this response, counting the revenue impacts to local
economies from potential lost non-consumptive use days would not lead
to finding a significant economic impact resulting from this rule. The
same holds true for the costs of implementation, although in that case
the reason it is expected to be a small monetary cost is that refuge
managers evaluated their proposals prior to the publication of the May
4, 2021, proposed rule and ensured that the hunting and fishing
openings and expansions in this rule can be administered with current
budgets and staff, which are already used to operate various other
programs on refuges. Estimates of implementation costs can be found in
stations' EAs for those stations that have prepared an EA, and for
those that have prepared a Categorical Exclusion document under NEPA
the hunting and fishing activities covered are necessarily minor
changes that will result in negligible implementation costs. In
general, the costs attributable to the hunting and fishing openings and
expansions specifically, in terms of both wages and infrastructure,
will be negligible compared to the local economic benefits, as only a
few staff are needed to administer a program for many hunters.
Finally, it is worth noting that, taking all of this together, it
is almost certain that a benefit-cost analysis, pursuant to OMB
Circular A-4, would find the benefits of this rule exceed the costs. As
explained, no cost is expected in the form of decreased non-consumptive
use days and the signage, staffing, and other costs to the Service in
administering the hunting and fishing opportunities is unlikely to be
greater than the benefits to local economies adjacent to stations, even
though those are expected to be no more than $1.4 million. This would
be enough to expect benefits to exceed costs already, but this would
not yet account for the recreational benefits of the hunting and sport
fishing
[[Page 48836]]
opportunities. A full and thorough benefit-cost analysis would quantify
this benefit using the hunt and fish use day estimates and the best
available information about the price of similar hunting activity on
private lands. For example, the company onX estimates the average cost
to be at least $10 per acre for a hunting lease (see https://
www.onxmaps.com/hunt/blog/how-do-hunting-leases-
work#:~:text=Today's%20hunters%20can%20expect%20to,the%20distance%20from
%20town%20(ie.). This realized economic surplus for hunters and anglers
would be an important part of any benefit-cost analysis and would
ensure benefits exceed costs. That is reflected in the Improvement Act,
where Congress emphasized the importance of providing this public
benefit, finding that the Refuge System's conservation mission has been
facilitated by providing Americans opportunities to participate in
compatible wildlife-dependent recreation, including fishing and
hunting, on Refuge System lands. A thorough benefit-cost analysis would
also consider the fish and wildlife population management benefits of
hunting and sport fishing to the extent that they provide population
controls and target invasive species. That has a direct and
quantifiable benefit in terms of reduced work hours from eliminating or
reducing the need for refuge staff themselves to harvest fish and
wildlife for population control and invasive species. Thus, we have
determined that this rule is justified in terms of the ratio of
benefits to costs, even if it will not have a significant impact on the
economy.
We did not make any changes to the rule, including to our
Regulatory Flexibility Act discussion and our certification that this
rule will not have a significant impact on a substantial number of
small entities, as a result of these comments.
Comment (24): One commenter expressed concern that proposed hunting
activities on refuges within the Potomac River NWR Complex, especially
hunting of American black duck, would be inconsistent with or
detrimental to the Atlantic Coast Joint Venture, a regional bird
conservation effort in which the Service is a partner organization.
Our Response: We remain committed to and supportive of the Atlantic
Coast Joint Venture (ACJV) and its habitat and species conservation
objectives. In permitting hunting within the Potomac River NWR Complex
and allowing the hunting of American black duck as a target species, we
are following all restrictions advocated by the ACJV and only providing
limited hunting. For example, at Featherstone NWR, we will allow black
duck hunting on 36 acres and the hunting season is November 17-28 and
December 18-January 30, with a daily bag limit of two black ducks.
Similarly, the Virginia Department of Wildlife Resources, another
partner to the ACJV, allows some hunting of American black duck on
lands under its jurisdiction. Finally, as with any hunting in the
Refuge System, hunting openings and expansions in the Potomac River NWR
Complex have been evaluated by refuge managers for limited
environmental effects, absence of adverse impacts to endangered
species, compatibility with refuge purposes, and consistency with the
refuge's CCP. In authorizing these hunts, we have determined that they
will not impede conservation efforts for the American black duck or
other species of interest to the ACJV.
We did not make any changes to the rule as a result of this
comment.
Comment (25): We received two comments with concerns that the
information in the proposed rule was not easily understood,
specifically in Table 1 concerning the meaning of ``O'' and ``E'' in
the table.
Our Response: As designated by the table key for the proposed
rule's Table 1, ``O'' designates that the station is opening a new
species in the respective category of species to hunting or opening
fishing on the station, and ``E'' designates that the station is
expanding hunting for species in the respective category or expanding
sport fishing on the station.
We revised Table 1 to account for changes to hunting and fishing
openings and expansions in response to other public comments, but did
not make any changes to the rule as a result of this comment.
Comment (26): Two commenters expressed concern about the use and
disposal of fishing line on the Potomac River NWR Complex.
Our Response: The Service recognizes that discarded fishing line
can present a danger to fish and to wildlife. In general, we educate
anglers about this problem and the importance of proper disposal of
fishing line. In this particular case, in addition to enforcing all
State regulations on sport fishing, the refuges in the Potomac River
NWR Complex will include information in their brochures and on their
websites directing anglers to dispose of trash and fishing line, of all
varieties, properly.
We did not make any changes to the rule as a result of these
comments.
Changes From the Proposed Rule
As discussed above, under Summary of Comments and Responses, based
on comments we received on the proposed rule and NEPA documents for
individual refuges and hatcheries, we made changes in this final rule
to Bill Williams River, Bald Knob, Big Lake, Cache River, Holla Bend,
Wapanocca, Cape May, Supawna Meadows, and William L. Finley NWRs. For
Bald Knob, Big Lake, Cache River, Holla Bend, and Wapanocca NWRs, we
removed the proposed language adding armadillo to the list of species
available to hunt in response to comments and made administrative
language changes to align the regulatory language across these refuges.
For William L. Finley NWR, we removed the proposed language adding
merganser to the list of species available to hunt in response to the
State of Oregon's request for alignment. For Cape May and Supawna
Meadows NWRs, we extended the hours we are open to fishing in response
to the State of New Jersey. Under Bill Williams River NWR, we modified
the methods of take allowed for javelina hunting in response to the
State of Arizona. For Missisquoi and Silvio O. Conte NWRs, we revised
our language authorizing the use of dogs while hunting in response to
comments.
We removed all proposed hunting and fishing openings and expansions
at Necedah NWR and Loess Bluffs NWR. The expansions at Necedah NWR are
not included in this final rule because the underlying analyses for
these actions may require further consideration. There are still
regulatory changes for Necedah NWR in this final rule, but these are
administrative revisions for consistency and clarity unrelated to the
proposed expansions. The openings and expansions at Loess Bluffs NWR
are not included in this final rule because of concerns expressed by
the Iowa Tribe of Kansas and Nebraska. We will continue discussions
with the Iowa Tribe of Kansas and Nebraska on how these acres and
species may be considered for opening to hunting in the future.
We have removed the language authorizing fishing at the former
National Bison Range refuge in Montana. This refuge has been
transferred to the Confederated Salish and Kootenai Tribes through the
Consolidated Appropriations Act, 2021 (Pub. L. 116-260), and we no
longer have jurisdiction over public use on the land.
We made minor, clarifying edits to the regulatory language for
other refuges, including Dale Bumpers White River,
[[Page 48837]]
Bayou Sauvage, Bayou Teche, Big Branch Marsh, Bogue Chitto, Cat Island,
Mandalay, Sam D. Hamilton Noxubee, Sequoyah, and Wichita Mountains
NWRs.
Effective Date
We are making this rule effective upon publication (see DATES,
above). We provided a 60-day public comment period for the May 4, 2021,
proposed rule (86 FR 23794). We have determined that any further delay
in implementing these station-specific hunting and sport fishing
regulations would not be in the public interest, in that a delay would
hinder the effective planning and administration of refuges' and
hatcheries' hunting and sport fishing programs. This rule does not
impact the public generally in terms of requiring lead time for
compliance. Rather, it relieves restrictions in that it allows
activities on refuges and hatcheries that we would otherwise prohibit.
Therefore, we find good cause under 5 U.S.C. 553(d)(3) to make this
rule effective upon publication.
Amendments to Existing Regulations
Updates to Hunting and Fishing Opportunities on NWRs and NFHs
This document codifies in the Code of Federal Regulations all of
the Service's hunting and/or sport fishing regulations that we are
updating since the last time we published a rule amending these
regulations (85 FR 54076; August 31, 2020) and that are applicable at
Refuge System and Hatchery System units previously opened to hunting
and/or sport fishing. This rule better informs the general public of
the regulations at each station, 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 parts 32 and 71, visitors to our refuges and
hatcheries may find them reiterated in literature distributed by each
station or posted on signs.
Table 1--Changes for 2021-2022 Hunting/Sport Fishing Season
--------------------------------------------------------------------------------------------------------------------------------------------------------
Station State Migratory bird hunting Upland game hunting Big game hunting Sport fishing
--------------------------------------------------------------------------------------------------------------------------------------------------------
Audubon NWR..................... North Dakota....... Closed................. Already Open........... E...................... Already Open.
Bald Knob NWR................... Arkansas........... O/E.................... O/E.................... Already Open........... Already Open.
Bayou Sauvage NWR............... Louisiana.......... O/E.................... O...................... O...................... E.
Bayou Teche NWR................. Louisiana.......... O/E.................... O/E.................... E...................... Already Open.
Big Branch Marsh NWR............ Louisiana.......... O/E.................... O/E.................... O/E.................... E.
Big Lake NWR.................... Arkansas........... Closed................. O...................... O/E.................... Already Open.
Bill Williams River NWR......... Arizona............ E...................... O/E.................... O/E.................... Already Open.
Bogue Chitto NWR................ Louisiana & O/E.................... O/E.................... E...................... Already Open.
Mississippi.
Bond Swamp NWR.................. Georgia............ E...................... E...................... E...................... Already Open.
Brazoria NWR.................... Texas.............. O...................... Closed................. Closed................. E.
Cache River NWR................. Arkansas........... O/E.................... O...................... E...................... Already Open.
Caddo Lake NWR.................. Texas.............. Closed................. O...................... Already Open........... Closed.
Camas NWR....................... Idaho.............. O...................... Already Open........... O...................... Closed.
Cape May NWR.................... New Jersey......... O/E.................... O/E.................... E...................... E.
Cat Island NWR.................. Louisiana.......... O/E.................... O/E.................... E...................... Already Open.
Charles M. Russell NWR.......... Montana............ Already Open........... Already Open........... O...................... Already Open.
Cherry Valley NWR............... Pennsylvania....... E...................... O/E.................... E...................... Already Open.
Choctaw NWR..................... Alabama............ O...................... O/E.................... E...................... Already Open.
Crab Orchard NWR................ Illinois........... Already Open........... Already Open........... Already Open........... E.
Cypress Creek NWR............... Illinois........... E...................... E...................... E...................... E.
Dale Bumpers White River NWR.... Arkansas........... O...................... Already Open........... Already Open........... Already Open.
Delta NWR....................... Louisiana.......... O/E.................... O/E.................... O/E.................... Already Open.
Desert NWR...................... Nevada............. O...................... O...................... Already Open........... Closed.
Don Edwards NWR................. California......... E...................... Closed................. Closed................. Already Open.
Eastern Shore of Virginia NWR... Virginia........... O...................... O...................... O/E.................... O.
Elizabeth Hartwell Mason Neck Virginia........... Closed................. Closed................. E...................... O.
NWR.
Ernest F. Hollings ACE Basin NWR South Carolina..... Already Open........... Closed................. O...................... Already Open.
Everglades Headwaters NWR....... Florida............ E...................... E...................... E...................... Already Open.
Featherstone NWR................ Virginia........... N...................... Closed................. Closed................. N.
Felsenthal NWR.................. Arkansas........... O/E.................... E...................... E...................... Already Open.
Fisherman Island NWR............ Virginia........... N...................... Closed................. Closed................. Closed.
Florida Panther NWR............. Florida............ Closed................. Closed................. N...................... N.
Franklin Island NWR............. Maine.............. N...................... Closed................. Closed................. Closed.
Grand Bay NWR................... Alabama & O...................... O...................... O...................... O.
Mississippi.
Great Dismal Swamp NWR.......... Virginia........... Closed................. O...................... O/E.................... Already Open.
Great River NWR................. Missouri........... C...................... C...................... C...................... Already Open.
Great Swamp NWR................. New Jersey......... O...................... O...................... O/E.................... Closed.
Green Lake NFH.................. Maine.............. Closed................. Closed................. Closed................. N.
Hackmatack NWR.................. Illinois........... E...................... E...................... E...................... E.
Harbor Island NWR............... Michigan........... O...................... O...................... E...................... O.
Harris Neck NWR................. Georgia............ Closed................. Closed................. O/E.................... Already Open.
Havasu NWR...................... Arizona............ O/E.................... O...................... Already Open........... Already Open.
Holla Bend NWR.................. Arkansas........... Closed................. O/E.................... O/E.................... E.
J. Clark Salyer NWR............. North Dakota....... Already Open........... E...................... E...................... Already Open.
James River NWR................. Virginia........... Closed................. O...................... O/E.................... O.
Julia Butler Hansen Refuge...... Oregon & Washington E...................... Closed................. Already Open........... Already Open.
Kern NWR........................ California......... O...................... Already Open........... Closed................. Closed.
Kootenai NWR.................... Idaho.............. Already Open........... Already Open........... Already Open........... E.
Lacreek NWR..................... South Dakota....... Already Open........... Already Open........... Already Open........... E.
[[Page 48838]]
Lake Alice NWR.................. North Dakota....... Already Open........... E...................... E...................... Already Open.
Las Vegas NWR................... New Mexico......... O...................... O...................... O...................... Closed.
Mackay Island NWR............... North Carolina & O...................... Closed................. O/E.................... Already Open.
Virginia.
Malheur NWR..................... Oregon............. E...................... E...................... E...................... Already Open.
Mandalay NWR.................... Louisiana.......... O/E.................... O...................... E...................... Already Open.
Middle Mississippi River NWR.... Missouri........... Already Open........... E...................... E...................... Already Open.
Minnesota Valley NWR............ Minnesota.......... Already Open........... Already Open........... E...................... Already Open.
Missisquoi NWR.................. Vermont............ Already Open........... O...................... Already Open........... Already Open.
Moosehorn NWR................... Maine.............. E...................... E...................... E...................... Already Open.
Muleshoe NWR.................... Texas.............. N...................... N...................... N...................... Closed.
National Elk Refuge............. Wyoming............ Closed................. Closed................. O...................... Already Open.
Neal Smith NWR.................. Iowa............... E...................... E...................... E...................... Closed.
Neches River NWR................ Texas.............. N...................... N...................... N...................... Closed.
Northern Tallgrass Prairie NWR.. Minnesota & Iowa... E...................... E...................... E...................... E.
Occoquan Bay NWR................ Virginia........... Closed................. O...................... O/E.................... O.
Ohio River Islands NWR.......... Pennsylvania, O...................... O...................... O...................... Already Open.
Kentucky, & West
Virginia.
Ottawa NWR...................... Ohio............... E...................... E...................... E...................... E.
Ouray NWR....................... Utah............... O...................... Already Open........... O...................... Already Open.
Patoka River NWR................ Indiana............ E...................... E...................... E...................... E.
Petit Manan NWR................. Maine.............. E...................... E...................... E...................... Closed.
Plum Tree Island NWR............ Virginia........... E...................... Closed................. Closed................. O.
Pond Island NWR................. Maine.............. N...................... Closed................. Closed................. Closed.
Presquile NWR................... Virginia........... Closed................. O...................... O/E.................... O.
Rappahannock River Valley NWR... Virginia........... Closed................. O...................... O/E.................... Already Open.
Red River NWR................... Louisiana.......... O...................... O...................... Already Open........... Already Open.
Rice Lake NWR................... Minnesota.......... Already Open........... Already Open........... E...................... Already Open.
Sam D. Hamilton Noxubee NWR..... Mississippi........ O/E.................... O/E.................... E...................... Already Open.
Sequoyah NWR.................... Oklahoma........... Already Open........... Already Open........... Already Open........... E.
Sherburne NWR................... Minnesota.......... O...................... E...................... E...................... Already Open.
Silvio O. Conte NWR............. New Hampshire...... E...................... O/E.................... E...................... E.
Sunkhaze Meadows NWR............ Maine.............. Already Open........... E...................... Already Open........... Already Open.
Supawna Meadows NWR............. New Jersey......... O...................... O...................... O/E.................... E.
Tensas River NWR................ Louisiana.......... O...................... O...................... O...................... Already Open.
UL Bend NWR..................... Montana............ Already Open........... Already Open........... O...................... Already Open.
Upper Ouachita NWR.............. Louisiana.......... O/E.................... O...................... Already Open........... Already Open.
Wallkill River NWR.............. New York & New E...................... E...................... E...................... Already Open.
Jersey.
Wapanocca NWR................... Arkansas........... C...................... O...................... E...................... Already Open.
Waubay NWR...................... South Dakota....... Closed................. Closed................. Already Open........... E.
Wichita Mountains NWR........... Oklahoma........... Already Open........... Closed................. Already Open........... E.
William L. Finley NWR........... Oregon............. O...................... Closed................. E...................... Already Open.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Key:
N = New station opened (New Station).
O = New species and/or new activity on a station previously open to other activities (Opening).
E = Station already open to activity adds new lands/waters, modifies areas open to hunting or fishing, extends season dates, adds a targeted hunt,
modifies season dates, modifies hunting hours, etc. (Expansion).
C = Station closing the activity on some or all acres (Closing).
The changes for the 2021-2022 hunting/fishing season noted in the
table above are each based on a complete administrative record which,
among other detailed documentation, also includes a hunt plan, a
compatibility determination (for refuges), 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.
Through these openings and expansions, we open or expand hunting or
sport fishing on 2,066,116 acres within the National Wildlife Refuge
System and the National Fish Hatchery System.
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.
Required Determinations
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 (E.O.) 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
[[Page 48839]]
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 will 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
will not have a significant economic impact on a substantial number of
small entities.
This rule opens or expands hunting and sport fishing on 88 NWRs and
1 NFH. As a result, visitor use for wildlife-dependent recreation on
these stations will change. If the stations establishing new programs
were a pure addition to the current supply of those activities, it
would mean an estimated maximum increase of 40,839 user days (one
person per day participating in a recreational opportunity; see Table
2). Because the participation trend is flat in these activities since
1991, this increase in supply will most likely be offset by other sites
losing participants. Therefore, this is likely to be a substitute site
for the activity and not necessarily an increase in participation rates
for the activity.
Table 2--Estimated Maximum Change in Recreation Opportunities in 2021-2022
[Dollars in thousands]
----------------------------------------------------------------------------------------------------------------
Additional Additional Additional
Station hunting days fishing days expenditures
----------------------------------------------------------------------------------------------------------------
Audubon NWR..................................................... 10 .............. $0.3
Bald Knob NWR................................................... 30 .............. 1.0
Bayou Sauvage NWR............................................... 344 .............. 11.6
Bayou Teche NWR................................................. 472 .............. 15.9
Big Branch Marsh NWR............................................ 120 .............. 4.0
Big Lake NWR.................................................... 2 .............. 0.1
Bill Williams River NWR......................................... 66 .............. 2.2
Bogue Chitto NWR................................................ 45 .............. 1.5
Bond Swamp NWR.................................................. 220 160 13.0
Brazoria NWR.................................................... 86 365 15.7
Cache River NWR................................................. 60 .............. 2.0
Caddo Lake NWR.................................................. 87 .............. 2.9
Camas NWR....................................................... 250 .............. 8.4
Cape May NWR.................................................... 100 .............. 3.4
Cat Island NWR.................................................. 45 .............. 1.5
Charles M. Russell NWR.......................................... 10 .............. 0.3
Cherry Valley NWR...............................................
Choctaw NWR..................................................... 82 .............. 2.8
Crab Orchard NWR................................................ .............. 3,000 105.2
Cypress Creek NWR............................................... 15 .............. 0.5
Dale Bumpers White River NWR.................................... 132 .............. 4.4
Delta NWR....................................................... 85 .............. 2.9
Desert NWR...................................................... 103 .............. 3.5
Don Edwards NWR................................................. 118 .............. 4.0
Eastern Shore of Virginia NWR................................... 414 .............. 13.9
Elizabeth Hartwell Mason Neck NWR............................... .............. 1,200 42.1
Ernest F. Hollings ACE Basin NWR................................ 14 .............. 0.5
Everglades Headwaters NWR.......................................
Featherstone NWR................................................ 670 1,200 64.7
Felsenthal NWR.................................................. 1,000 .............. 33.7
Fisherman Island NWR............................................ 150 .............. 5.1
Florida Panther NWR............................................. 6 365 13.0
Franklin Island NWR............................................. 137 .............. 4.6
Grand Bay NWR................................................... 920 730 56.6
Great Dismal Swamp NWR.......................................... 465 .............. 15.7
Great River NWR.................................................
Great Swamp NWR................................................. 500 .............. 16.8
Green Lake NFH.................................................. .............. 365 12.8
Hackmatack NWR.................................................. 40 30 2.4
Harbor Island NWR............................................... 62 100 5.6
Harris Neck NWR................................................. 68 .............. 2.3
Havasu NWR...................................................... 89 .............. 3.0
Holla Bend NWR.................................................. 100 .............. 3.4
J. Clark Salyer NWR............................................. 10 .............. 0.3
James River NWR................................................. 160 1,200 47.5
Julia Butler Hansen Refuge...................................... 50 .............. 1.7
Kern NWR........................................................ 30 .............. 1.0
Kootenai NWR.................................................... .............. 50 1.8
[[Page 48840]]
Lacreek NWR..................................................... .............. 15 0.5
Lake Alice NWR.................................................. 10 .............. 0.3
Las Vegas NWR................................................... 28 .............. 0.9
Mackay Island NWR............................................... 200 .............. 6.7
Malheur NWR..................................................... 232 .............. 7.8
Mandalay NWR.................................................... 519 .............. 17.5
Middle Mississippi River NWR.................................... 10 .............. 0.3
Minnesota Valley NWR............................................
Missisquoi NWR.................................................. 400 .............. 13.5
Moosehorn NWR................................................... 50 .............. 1.7
Muleshoe NWR.................................................... 75 10 2.9
National Elk Refuge............................................. 48 .............. 1.6
Neal Smith NWR.................................................. 27 .............. 0.9
Neches River NWR................................................ 2,161 .............. 72.8
Northern Tallgrass Prairie NWR.................................. 69.6 5.48 2.5
Occoquan Bay NWR................................................ 280 1,200 51.5
Ohio River Islands NWR.......................................... 530 .............. 17.9
Ottawa NWR...................................................... 18 160 6.2
Ouray NWR....................................................... 45 .............. 1.5
Patoka River NWR................................................ 15 2 0.6
Petit Manan NWR................................................. 700 .............. 23.6
Plum Tree Island NWR............................................ .............. 300 10.5
Pond Island NWR................................................. 138 .............. 4.6
Presquile NWR................................................... 10 1,200 42.4
Rappahannock NWR................................................ 497 .............. 16.7
Red River NWR...................................................
Rice Lake NWR................................................... 48 .............. 1.6
Sam D. Hamilton Noxubee NWR..................................... 7 .............. 0.2
Sequoyah NWR.................................................... .............. 2,000 70.1
Sherburne NWR................................................... 444 .............. 15.0
Silvio O. Conte NWR............................................. 50 0 1.7
Sunkhaze Meadows NWR............................................ 10 .............. 0.3
Supawna Meadows NWR............................................. 500 .............. 16.8
Tensas River NWR................................................ 16 .............. 0.5
UL Bend NWR..................................................... 10 .............. 0.3
Upper Ouachita NWR.............................................. 45 .............. 1.5
Wallkill River NWR..............................................
Wapanocca NWR................................................... 130 90 7.5
Waubay NWR...................................................... .............. 15 0.5
Wichita Mountains NWR........................................... .............. 12,123 425.2
William L. Finley NWR........................................... 264 .............. 8.9
-----------------------------------------------
Total....................................................... 14,954 25,885 1,411.5
----------------------------------------------------------------------------------------------------------------
To the extent visitors spend time and money in the area of the
station 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 2016 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 and the Hatchery System
yields approximately $1.4 million in recreation-related expenditures
(see Table 2, above). 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 (2.51) derived from the report ``Hunting in America: An
Economic Force for Conservation'' and for fishing activities (2.51)
derived from the report ``Sportfishing in America'' yields a total
maximum economic impact of approximately $5.3 million (2020 dollars)
(Southwick Associates, Inc., 2018). 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 will be ``new'' money coming into a local economy;
therefore, this spending will be offset with a decrease in some other
sector of the local economy. The net gain to the local economies will
be no more than $5.3 million, and likely less. Since 80 percent of the
participants travel less than 100 miles to engage in hunting and
fishing activities, their spending patterns will not add new money into
the local economy and, therefore, the real impact will be on the order
of about $1.1 million 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 station
visitation. A large percentage of these retail trade
[[Page 48841]]
establishments in the local communities around NWRs and NFHs qualify as
small businesses (see Table 3, below). 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 at most $1.4 million to be spent in total in the
refuges' local economies. The maximum increase will be less than three-
hundredths of 1 percent for local retail trade spending (see Table 3,
below). Table 3 does not include entries for those NWRs and NFHs for
which we project no changes in recreation opportunities in 2021-2022;
see Table 2, above.
Table 3--Comparative Expenditures for Retail Trade Associated With Additional Station Visitation for 2021-2022
[Thousands, 2020 dollars]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Estimated Establishments
Retail trade maximum Addition as % Establishments in with fewer than
Station/county(ies) in 2017 1 addition from of total 2017 1 10 employees in
new activities 2017 1
--------------------------------------------------------------------------------------------------------------------------------------------------------
Audubon
McLean, ND.................................................... $95,006 $0.3 <0.01 39 29
Bald Knob
White, AR..................................................... 1,110,661 1.0 <0.01 311 234
Bayou Sauvage
Orleans, LA................................................... 3,694,534 11.6 <0.01 1,343 1,021
Bayou Teche
St. Mary, LA.................................................. 559,081 15.9 <0.01 186 145
Big Branch Marsh
St. Tammany, LA............................................... 4,242,548 4.0 <0.01 901 596
Big Lake
Mississippi, AR............................................... 442,920 0.1 <0.01 144 115
Bill Williams River
La Paz, AZ.................................................... 475,421 1.1 <0.01 82 59
Mohave, AZ.................................................... 3,234,501 1.1 <0.01 615 397
Bogue Chitto
Washington, LA................................................ 352,900 0.5 <0.01 146 110
St. Tammany, LA............................................... 4,242,548 0.5 <0.01 901 596
Pearl River, MS............................................... 693,664 0.5 <0.01 186 132
Bond Swamp
Bibb, GA...................................................... 2,835,352 6.5 <0.01 780 555
Twiggs, GA.................................................... 22,447 6.5 0.03 13 11
Brazoria
Brazoria, TX.................................................. 4,992,876 15.7 <0.01 831 546
Cache River
Woodruff, AR.................................................. 47,310 0.5 <0.01 31 26
Monroe, AR.................................................... 66,530 0.5 <0.01 35 27
Jackson, AR................................................... 242,527 0.5 <0.01 68 48
Prairie, AR................................................... 54,178 0.5 <0.01 32 23
Caddo Lake
Harrison, TX.................................................. 638,384 2.9 <0.01 184 145
Camas
Jefferson, ID................................................. 221,301 8.4 <0.01 56 37
Cape May
Cape May, NJ.................................................. 2,043,622 3.4 <0.01 644 502
Cat Island
East Feliciana, LA............................................ 82,906 1.5 <0.01 41 30
Charles M. Russell
Blaine, MT.................................................... 43,638 <0.1 <0.01 22 16
Phillips, MT.................................................. 46,381 <0.1 <0.01 24 17
McCone, MT.................................................... 17,671 <0.1 <0.01 9 6
Fergus, MT.................................................... 166,443 <0.1 <0.01 62 51
Petroleum, MT................................................. D <0.1 <0.01 3 3
Garfield, MT.................................................. 14,204 <0.1 <0.01 4 2
Valley, MT.................................................... 145,264 <0.1 <0.01 49 39
Choctaw
Choctaw, AL................................................... 95,301 2.8 <0.01 55 42
Crab Orchard
Williamson, IL................................................ 1,240,677 105.2 0.01 259 168
Cypress Creek
Alexander, IL................................................. 19,644 0.5 <0.01 18 14
Dale Bumpers White River
Arkansas, AR.................................................. 319,247 1.1 <0.01 94 64
Monroe, AR.................................................... 66,530 1.1 <0.01 35 27
Phillips, AR.................................................. 156,413 1.1 <0.01 79 62
Desha, AR..................................................... 130,625 1.1 <0.01 64 49
Delta
[[Page 48842]]
Plaquemines, LA............................................... 119,957 2.9 <0.01 65 52
Desert
Clark, NV..................................................... 33,837,749 3.5 <0.01 6,178 3,828
Don Edwards
Alameda, CA................................................... 28,390,575 4.0 <0.01 4,347 2,923
Eastern Shore of Virginia
Northampton, VA............................................... 117,772 13.9 0.01 59 45
Elizabeth Hartwell Mason Neck
Fairfax, VA................................................... 1,818,140 42.1 <0.01 252 136
Ernest F. Hollings ACE Basin
Charleston, SC................................................ 9,065,573 0.5 <0.01 2,003 1,334
Hampton, SC................................................... 178,354 0.5 <0.01 76 59
Lancaster, SC................................................. 825,599 0.5 <0.01 237 174
Featherstone, VA
Prince William, VA............................................ 6,705,340 64.7 <0.01 1,164 683
Felsenthal
Ashley, AR.................................................... 193,246 11.2 0.01 68 53
Union, AR..................................................... 591,376 11.2 <0.01 186 131
Bradley, AR................................................... 75,395 11.2 0.01 33 25
Fisherman Island
Northampton, VA............................................... 117,772 5.1 <0.01 59 45
Florida Panther
Collier, FL................................................... 7,710,838 13.0 <0.01 1,455 1,019
Franklin Island
Knox, ME...................................................... 760,425 4.6 <0.01 256 183
Grand Bay
Mobile, AL.................................................... 5,921,035 28.3 <0.01 1,514 1,040
Jackson, MS................................................... 1,410,824 28.3 <0.01 407 296
Great Dismal Swamp
Sufolk City, VA............................................... 1,225,412 7.8 <0.01 229 148
Chesapeake City, VA........................................... 4,415,609 7.8 <0.01 782 445
Great Swamp
Morris, NJ.................................................... 11,015,983 16.8 <0.01 1,809 1,221
Green Lake
Hancock, ME................................................... 1,001,578 12.8 <0.01 350 261
Hackamatack
McHenry, IL................................................... 4,115,924 1.2 <0.01 938 607
Walworth, WI.................................................. 1,596,199 1.2 <0.01 361 258
Harbor Island
Chippewa, MI.................................................. 521,726 5.6 <0.01 148 98
Harris Neck
McIntosh, GA.................................................. 96,007 2.3 <0.01 45 35
Havasu
Mohave, AZ.................................................... 3,234,501 3.0 <0.01 615 397
Holla Bend
Pope, AR...................................................... 945,241 1.7 <0.01 272 185
Yell, AR...................................................... 132,972 1.7 <0.01 50 38
J. Clark Salyer
Bottineau, ND................................................. 109,978 0.2 <0.01 29 21
McHenry, ND................................................... 33,913 0.2 <0.01 19 14
James River
Prince George, VA............................................. 303,359 47.5 0.02 65 42
Julia Butler Hansen
Clatsop, OR................................................... 808,973 0.6 <0.01 269 215
Columbia, OR.................................................. 417,825 0.6 <0.01 119 77
Wahkiakum, WA................................................. 8,582 0.6 0.01 6 5
Kern
Kern, CA...................................................... 9,906,906 1.0 <0.01 1,966 1,250
Kootenai
Boundary, ID.................................................. 123,467 1.8 <0.01 47 37
Lacreek
Meade, SD..................................................... 325,901 0.5 <0.01 91 67
Lake Alice
Bottineau, ND................................................. 109,978 0.2 <0.01 29 21
McHenry, ND................................................... 33,913 0.2 <0.01 19 14
Las Vegas
[[Page 48843]]
San Miguel, NM................................................ 231,666 0.9 <0.01 79 49
Mackay Island
Currituck, NC................................................. 327,336 3.4 <0.01 135 109
Virginia Beach City, VA....................................... 6,499,109 3.4 <0.01 1,468 893
Malheur
Harney, OR.................................................... 169,776 7.8 <0.01 29 17
Mandalay
Terrebonne, LA................................................ 1,964,261 17.5 <0.01 475 317
Middle Mississippi River
Perry, MO..................................................... 294,900 0.3 <0.01 82 46
Missisquoi
Franklin, VT.................................................. 876,359 13.5 <0.01 176 112
Moosehorn
Washington, ME................................................ 438,713 1.7 <0.01 141 88
Muleshoe
Bailey, TX.................................................... 49,284 2.9 0.01 21 15
National Elk Refuge
Teton, WY..................................................... 676,935 1.6 <0.01 255 211
Neal Smith
Jasper, IA.................................................... 408,507 0.9 <0.01 105 73
Neches River
Cameron, TX................................................... 4,868,360 36.4 <0.01 1,084 686
Anderson, TX.................................................. 631,510 36.4 0.01 167 124
Northern Tallgrass Prairie
Murray, MN.................................................... 60,148 0.6 <0.01 44 33
Kandiyohi, MN................................................. 914,193 0.6 <0.01 208 145
Clay, MN...................................................... 779,998 0.6 <0.01 161 95
Clay, IA...................................................... 504,926 0.6 <0.01 102 70
Occoquan Bay
Prince William, VA............................................ 6,705,340 51.5 <0.01 1,164 683
Ohio River Islands
Beaver, PA.................................................... 1,717,000 4.5 <0.01 495 325
Boyd, KY...................................................... 903,141 4.5 <0.01 236 137
Wood, OH...................................................... 1,976,330 4.5 <0.01 369 218
Wood, WV...................................................... 1,631,635 4.5 <0.01 361 210
Ottawa
Ottawa, OH.................................................... 467,388 6.2 <0.01 133 99
Ouray
Uintah, UT.................................................... 471,207 1.5 <0.01 134 88
Patoka River
Pike, IN...................................................... 67,144 0.3 <0.01 32 23
Gibson, IN.................................................... 529,720 0.3 <0.01 116 76
Petit Manan
Washington, ME................................................ 438,713 4.7 <0.01 141 88
Hancock, ME................................................... 1,001,578 4.7 <0.01 350 261
Knox, ME...................................................... 760,425 4.7 <0.01 256 183
Lincoln, ME................................................... 511,948 4.7 <0.01 204 157
Cumberland, ME................................................ 7,424,447 4.7 <0.01 1,454 936
Plum Tree Island
York, VA...................................................... 1,014,306 10.5 <0.01 201 135
Pond Island
Knox, ME...................................................... 760,425 4.6 <0.01 256 183
Presquile
Chesterfield, VA.............................................. 7,122,893 42.4 <0.01 958 589
Rappahannock
Essex, VA..................................................... 233,522 3.3 <0.01 65 48
King George, VA............................................... 362,404 3.3 <0.01 64 42
Westmoreland, VA.............................................. 122,436 3.3 <0.01 44 31
Richmond, VA.................................................. 2,386,644 3.3 <0.01 795 578
Caroline, VA.................................................. 324,067 3.3 <0.01 63 48
Rice Lake
Aitkin, MN.................................................... 148,260 1.6 <0.01 69 48
Sam D. Hamilton Noxubee
Noxubee, MS................................................... 65,033 0.1 <0.01 40 35
Winston, MS................................................... 211,903 0.1 <0.01 86 67
Oktibbeha, MS................................................. 558,982 0.1 <0.01 173 130
[[Page 48844]]
Sequoyah
Sequoyah, OK.................................................. 362,456 23.4 0.01 116 87
Muskogee, OK.................................................. 958,492 23.4 <0.01 263 175
Haskell, OK................................................... 154,591 23.4 0.02 37 23
Sherburne
Sherburne, MN................................................. 985,715 15.0 <0.01 203 126
Silvio O. Conte
Coos, NH...................................................... 575,506 0.6 <0.01 172 126
Essex, VT..................................................... 14,718 0.6 <0.01 18 15
Windham, VT................................................... 606,157 0.6 <0.01 236 171
Sunkhaze Meadows
Waldo, ME..................................................... 417,407 0.1 <0.01 171 131
Kennebec, ME.................................................. 2,624,338 0.1 <0.01 522 320
Penobscot, ME................................................. 3,443,680 0.1 <0.01 705 445
Supawna Meadows
Salem County, NJ.............................................. 607,072 16.8 <0.01 174 119
Tensas River
Madison, LA................................................... 115,029 0.3 <0.01 32 20
Tensas, LA.................................................... 25,165 0.3 <0.01 14 12
UL Bend
Phillips, MT.................................................. 46,381 0.3 <0.01 24 17
Upper Ouachita
Union, LA..................................................... 184,987 0.8 <0.01 56 45
Morehouse, LA................................................. 207,578 0.8 <0.01 74 53
Wapanocca
Crittenden, AR................................................ 702,406 7.5 <0.01 149 104
Waubay
Day, SD....................................................... 86,538 0.5 <0.01 30 18
Wichita Mountains
Comanche, OK.................................................. 1,412,420 425.2 0.03 407 274
William L. Finley
Linn, OR...................................................... 1,504,418 8.9 <0.01 357 241
--------------------------------------------------------------------------------------------------------------------------------------------------------
1 U.S. Census Bureau. ``D'' denotes sample size too small to report data.
With the small change in overall spending anticipated from this
rule, it is unlikely that a substantial number of small entities will
have more than a small impact from the spending change near the
affected stations. Therefore, we certify that this rule will not have a
significant economic effect on a substantial number of small entities
as defined under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.).
A regulatory flexibility analysis is not required. Accordingly, a small
entity compliance guide is not required.
Small Business Regulatory Enforcement Fairness Act
This rule is not a major rule under 5 U.S.C. 804(2), the Small
Business Regulatory Enforcement Fairness Act. We anticipate no
significant employment or small business effects. This rule:
a. Will not have an annual effect on the economy of $100 million or
more. The minimal impact would be scattered across the country and will
most likely not be significant in any local area.
b. Will not cause a major increase in costs or prices for
consumers; individual industries; Federal, State, or local government
agencies; or geographic regions. This rule will have only a slight
effect on the costs of hunting opportunities for Americans. If the
substitute sites are farther from the participants' residences, then an
increase in travel costs will occur. The Service does not have
information to quantify this change in travel cost but assumes that,
since most people travel less than 100 miles to hunt, the increased
travel cost will be small. We do not expect this rule to affect the
supply or demand for hunting opportunities in the United States, and,
therefore, it should not affect prices for hunting equipment and
supplies, or the retailers that sell equipment.
c. Will not have significant adverse effects on competition,
employment, investment, productivity, innovation, or the ability of
U.S.-based enterprises to compete with foreign-based enterprises. This
rule represents only a small proportion of recreational spending at
NWRs. Therefore, this rule will have no measurable economic effect on
the wildlife-dependent industry, which has annual sales of equipment
and travel expenditures of $72 billion nationwide.
Unfunded Mandates Reform Act
Since this rule will apply to public use of federally owned and
managed refuges, it will not impose an unfunded mandate on State,
local, or Tribal governments or the private sector of more than $100
million per year. This rule will not have a significant or unique
effect on State, local, or Tribal governments or the private sector. A
statement containing the information required by the Unfunded Mandates
Reform Act (2 U.S.C. 1531 et seq.) is not required.
Takings (E.O. 12630)
In accordance with E.O. 12630, this rule will not have significant
takings
[[Page 48845]]
implications. This rule will affect only visitors at NWRs and NFHs, and
describes what they can do while they are on a Service station.
Federalism (E.O. 13132)
As discussed under Regulatory Planning and Review and Unfunded
Mandates Reform Act, above, this rule will not have sufficient
federalism implications to warrant the preparation of a federalism
summary impact statement under E.O. 13132. In preparing this rule, we
worked with State governments.
Civil Justice Reform (E.O. 12988)
In accordance with E.O. 12988, the Department of the Interior has
determined that this rule will not unduly burden the judicial system
and that it meets the requirements of sections 3(a) and 3(b)(2) of the
Order.
Energy Supply, Distribution or Use (E.O. 13211)
On May 18, 2001, the President issued E.O. 13211 on regulations
that significantly affect energy supply, distribution, and use. E.O.
13211 requires agencies to prepare Statements of Energy Effects when
undertaking certain actions. Because this rule adds 7 NWRs to the list
of refuges open to hunting and sport fishing, opens or expands hunting
or sport fishing at 81 other NWRs, and opens 1 NFH to sport fishing, 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 and NFHs with
Tribal governments having adjoining or overlapping jurisdiction before
we propose the regulations.
Paperwork Reduction Act (PRA)
This final rule contains existing and new information collections
that we have submitted to the Office of Management and Budget (OMB) for
review and approval under the Paperwork Reduction Act of 1995 (PRA, 44
U.S.C. 3501 et seq.). All information collections require approval by
the OMB under the PRA. We may not conduct or sponsor and you are not
required to respond to a collection of information unless it displays a
currently valid OMB control number. The OMB has reviewed and approved
the information collection requirements associated with hunting and
sport fishing activities across the National Wildlife Refuge System and
National Fish Hatchery System and assigned the following OMB control
numbers:
1018-0140, ``Hunting and Sport Fishing Application Forms
and Activity Reports for National Wildlife Refuges, 50 CFR 25.41,
25.43, 25.51, 26.32, 26.33, 27.42, 30.11, 31.15, 32.1 to 32.72''
(Expires 12/31/2023),
1018-0102, ``National Wildlife Refuge Special Use Permit
Applications and Reports, 50 CFR 25, 26, 27, 29, 30, 31, 32, & 36''
(Expires 01/31/2024),
1018-0135, ``Electronic Federal Duck Stamp Program''
(Expires 01/31/2023),
1018-0093, ``Federal Fish and Wildlife Permit Applications
and Reports--Management Authority; 50 CFR 13, 15, 16, 17, 18, 22, 23''
(Expires 08/31/2023), and
1024-0252, ``The Interagency Access Pass and Senior Pass
Application Processes'' (Expires 09/30/2023).
In accordance with the PRA and 5 CFR 1320.8(d)(1), we provide the
general public and other Federal agencies with an opportunity to
comment on our request to revise OMB control number 1018-0140. This
helps us assess the impact of our information collection requirements
and minimize the public's reporting burden. It also helps the public
understand our information collection requirements and provide the
requested data in the desired format.
The Service's final rule (RIN 1018-BF09) opens, for the first time,
hunting and sport fishing on seven NWRs, opens or expands hunting and
sport fishing at 81 other NWRs, and opens hunting or sport fishing on
one unit of the NFH. The additional burden associated with these new or
expanded hunting and sport fishing opportunities, as well as the
revised information collections identified below, require OMB approval.
Many refuges offer hunting and sport fishing activities without
collecting any information. Those refuges that do collect hunter and
angler information do so seasonally, usually once a year at the
beginning of the hunting or sport fishing season. Some refuges may
elect to collect the identical information via a non-form format
(letter, email, or through discussions in person or over the phone).
Some refuges provide the form electronically over the internet. In some
cases, because of high demand and limited resources, we often provide
hunt opportunities by lottery, based on dates, locations, or type of
hunt.
The requested changes to the existing information collections
identified below require OMB approval:
Hunting Applications/Permit (FWS Form 3-2439, Hunt Application--
National Wildlife Refuge System)
Form 3-2439 collects the following information from individuals
seeking hunting experiences on the NWRs:
Lottery Application: Refuges who administer hunting via a
lottery system will use Form 3-2439 as the lottery application. If the
applicant is successful, the completed Form 3-2439 also serves as their
permit application, avoiding a duplication of burden on the public
filling out two separate forms.
Date of application: We often have application deadlines
and this information helps staff determine the order in which we
received the applications. It also ensures that the information is
current.
Methods: Some refuges hold multiple types of hunts, i.e.,
archery, shotgun, primitive weapons, etc. We ask for this information
to identify which opportunity(ies) a hunter is applying for.
Species Permit Type: Some refuges allow only certain
species, such as moose, elk, or bighorn sheep to be hunted. We ask
hunters to identify which species hunt they are applying for.
Applicant information: We collect name, address, phone
number(s), and email so we can contact the applicant/permittee either
during the application process, when the applicant is successful in a
lottery drawing, or after receiving a permit.
Party Members: Some refuges allow the permit applicant to
include additional hunters in their group. We collect the names of all
additional hunters, when allowed by the refuge.
Parent/Guardian Contact Information: We collect name,
relationship, address, phone number(s), and email for a parent/guardian
of youth hunters. We ask for this information in the event of an
emergency.
Date: We ask hunters for their preferences for hunt dates.
Hunt/Blind Location: We ask hunters for their preferences
for hunt units, areas, or blinds.
Special hunts: Some refuges hold special hunts for youth,
hunters who are disabled, or other underserved populations. We ask
hunters to identify if they are applying for these special hunts. For
youth hunts, we ask for the age of the hunter at the time of the hunt.
[[Page 48846]]
Signature and date: To confirm that the applicant (and
parent/guardian, if a youth hunter) understands the terms and
conditions of the permit.
Requested revisions to FWS Form 3-2439:
With this submission, we updated the title of the form to include
NFHs. We also updated the Privacy Act Statement on the form to include
applicability to all hunting permits (rather than only migratory bird
hunting) and to also include references to authorized hunting on NFHs.
Harvest/Fishing Activity Reports
We have four harvest/fishing activity reports, depending on the
species. We ask users to report on their success after their experience
so that we can evaluate hunt quality and resource impacts. We requested
to use the following activity reports, which we distribute during
appropriate seasons, as determined by State or Federal regulations:
FWS Form 3-2359 (Big Game Harvest Report).
FWS Form 3-2360 (Sport Fishing Report).
FWS Form 3-2361 (Migratory Bird Hunt Report).
FWS Form 3-2362 (Upland/Small Game/Furbearer Report).
We collect the following information on the harvest reports:
Name of refuge and location: We ask this to track
responses by location, which is important when we manage more than one
refuge or activity area from one office.
Date: We ask when the hunter/angler participated in the
activity. This helps us identify use trends so we have resources
available.
Hours/Time in/out: We ask this to determine how long the
hunter/angler participated in the activity. We also use this to track
use so we can allocate resources appropriately.
Name, City, State: We ask for a name so we can identify
the user. We ask for residence information to help establish use
patterns (if users are local or traveling).
Number harvested/caught based on species: We ask this to
determine the impacts on wildlife/fish populations, relative success,
and quality of experience.
Species harvested/caught: We ask this to determine the
impacts on wildlife/fish populations, relative success, and quality of
experience.
Requested revisions to harvest activity reports:
With this submission, we requested approval of a new harvest form
(FWS Form 3-2542, ``Hunter Harvest Report'') to replace FWS Forms 3-
2359, 3-2361, and 3-2362 to simplify reporting requirements and to
reduce burden on the public. In addition to the fields previously
approved by OMB on the original three harvest report forms, we added
the following additional fields to aid the refuge in management of the
reports:
State-issued hunter identification (ID)/license number
(NOTE: Refuges/hatcheries that rely on the State agency to issue
hunting permits are not required to collect the permittee's personal
identifying information (PII) on the harvest form. Those refuges/
hatcheries may opt to collect only the State ID number assigned to the
hunter in order to match harvest data with their issued permit.
Refuges/hatcheries will collect either hunter PII or State-issued ID
number, but not both.)
Species observed--Data will be used by refuge/hatchery
staff to document the presence of rare or unusual species.
Permit number/type--Data will be used to link the harvest
report to the issued permit.
Hunt Tag Number--Data will be used to link the harvest
report to the species-specific hunt tag.
Number of youth (younger than age 18) in party--Data will
be used to better understand volume of youth hunting on a refuge/
hatchery. Specific hunter names are not collected, just total number of
youths in hunting party.
Harvested by--Data will be used to determine ratio of
adults to youth hunters. Specific hunter names are not collected.
Species observed--Data will be used by a refuge/hatchery
to determine the presence of any unusual species (e.g., threatened or
endangered species, or invasive species).
Self-Clearing Check-In Permit (FWS Form 3-2405)
FWS Form 3-2405 has three parts:
Self-Clearing Daily Check-in Permit. Each user completes
this portion of the form (date of visit, name, and telephone numbers)
and deposits it in the permit box prior to engaging in any activity on
the refuge.
Self-Clearing Daily Visitor Registration Permit. Each user
must complete the front side of the form (date, name, city, State, zip
code, and purpose of visit) and carry this portion while on the refuge.
At the completion of the visit, each user must complete the reverse
side of the form (number of hours on refuge, harvest information
(species and number), harvest method, angler information (species and
number), and wildlife sighted (e.g., black bear and hog)) and deposit
it in the permit box.
Self-Clearing Daily Vehicle Permit. The driver and each
user traveling in the vehicle must complete this portion (date) and
display in clear view in the vehicle while on the refuge.
We use FWS Form 3-2405 to collect:
Information on the visitor (name, address, and contact
information). We use this information to identify the visitor or
driver/passenger of a vehicle while on the refuge. This is extremely
valuable information should visitors become lost or injured. Law
enforcement officers can easily check vehicles for these cards in order
to determine a starting point for the search or to contact family
members in the event of an abandoned vehicle. Having this information
readily available is critical in a search and rescue situation.
Purpose of visit (hunting, sport fishing, wildlife
observation, wildlife photography, auto touring, birding, hiking,
boating/canoeing, visitor center, special event, environmental
education class, volunteering, other recreation). This information is
critical in determining public use participation in wildlife management
programs. This not only allows the refuge to manage its hunt and other
visitor use programs, but also to increase and/or improve facilities
for non-consumptive uses that are becoming more popular on refuges.
Data collected will also help managers better allocate staff and
resources to serve the public as well as develop annual performance
measures.
Success of harvest by hunters/anglers (number and type of
harvest/caught). This information is critical to wildlife management
programs on refuges. Each refuge will customize the form by listing
game species and incidental species available on the refuge, hunting
methods allowed, and data needed for certain species (e.g., for deer,
whether itis a buck or doe and the number of points; or for turkeys,
the weight and beard and spur lengths).
Visitor observations of incidental species. This
information will help managers develop annual performance measures and
it provides information to help develop resource management planning.
Photograph of animal harvested (specific refuges only).
This requirement documents the sex of animal prior to the hunter being
eligible to harvest the opposite sex (where allowed).
Date of visit and/or area visited.
Comments. We encourage visitors to comment on their
experience.
Requested revisions to FWS Form 3-2405:
[[Page 48847]]
With this submission, we added vehicle license plate number, State
issued, and make/model of vehicle fields as optional fields for
refuges/hatcheries. This information is required by law enforcement
purposes for search and rescue/emergency response activities, as well
as to verify ownership of vehicles in the event of damage on the
refuge/hatchery, accidents, or other related law enforcement purposes.
We have not requested any changes to the remaining information
collections identified below, which are currently approved by OMB:
Sport Fishing Application/Permit (FWS Form 3-2358, ``Sport Fishing-
Shrimping-Crabbing-Frogging Permit Application'')
Form 3-2358 allows the applicant to choose multiple permit
activities, and requests the applicant provide the state fishing
license number. The form provides the refuge with more flexibility to
insert refuge-specific requirements/instructions, along with a permit
number and validity dates for season issued.
We collect the following information from individuals seeking sport
fishing experiences:
Date of application: We often have application deadlines
and this information helps staff determine the order in which we
received the applications. It also ensures that the information is
current.
State fishing license number: We ask for this information
to verify the applicant is legally licensed by the State (where
required).
Permit Type: On sport fishing permits, we ask what type of
activity (crabbing, shrimping, frogging, etc.) is being applied for.
Applicant information: We collect name, address, phone
number(s), and email so we can contact the applicant/permittee either
during the application process or after receiving a permit.
Signature and date: To confirm that the applicant (and
parent/guardian, if a youth hunter) understands the terms and
conditions of the permit.
Labeling/Marking Requirements
As a condition of the permit, some refuges require permittees to
label hunting and/or sport fishing gear used on the refuge. This
equipment may include items such as the following: Tree stands, blinds,
or game cameras; hunting dogs (collars); flagging/trail markers; boats;
and/or sport fishing equipment such as jugs, trotlines, and crawfish or
crab traps. Refuges require the owner label their equipment with their
last name, the State-issued hunting/fishing license number, and/or
hunting/fishing permit number. Refuges may also require equipment for
youth hunters include ``YOUTH'' on the label. This minimal information
is necessary in the event the refuge needs to contact the owner.
Required Notifications
On occasion, hunters may find their game has landed outside of
established hunting boundaries. In this situation, hunters must notify
an authorized refuge employee to obtain consent to retrieve the game
from an area closed to hunting or entry only upon specific consent.
Certain refuges also require hunters to notify the refuge manager when
hunting specific species (e.g., black bear, bobcat, or eastern coyote)
with trailing dogs. Refuges encompassing privately owned lands,
referred to as ``easement overlay refuges'' or ``limited-interest
easement refuges,'' may also require the hunter obtain written or oral
permission from the landowner prior to accessing the land.
Due to the wide range of hunting and sport fishing opportunities
offered on the NWRs and NFHs, the refuges and fish hatcheries may
customize the forms to remove any fields that are not pertinent to the
recreational opportunities they offer. Refuges will not add any new
fields to the forms, but the order of the fields may be reorganized.
Refuges may also customize the forms with instructions and permit
conditions specific to a particular unit for the hunting/sport fishing
activity.
Title of Collection: Hunting and Fishing Application Forms and
Activity Reports for National Wildlife Refuges and National Fish
Hatcheries, 50 CFR 32 and 71.
OMB Control Number: 1018-0140.
Form Number: FWS Forms 3-2358, 3-2360, 3-2405, 3-2439, and 3-2542.
Type of Review: Revision of a currently approved collection.
Respondents/Affected Public: Individuals and households.
Respondent's Obligation: Required to Obtain or Retain a Benefit.
Frequency of Collection: On occasion.
Estimated Annual Non-Hour Burden Cost: None.
----------------------------------------------------------------------------------------------------------------
Annual number of Completion time Total annual
Activity responses per response burden hours
----------------------------------------------------------------------------------------------------------------
Fish/Crab/Shrimp Application/Permit (Form 3-2358)...... 2,659 5 minutes 222
Harvest Reports (Forms 3-2360 and 3-2542 NEW).......... 590,986 15 minutes 147,747
Hunt Application/Permit (Form 3-2439).................. 360,998 10 minutes 60,166
Labeling/Marking Requirements.......................... 2,326 10 minutes 388
Required Notifications................................. 489 30 minutes 245
Self-Clearing Check-In Permit (Form 3-2405)............ 672,945 5 minutes 56,079
--------------------------------------------------------
Totals............................................. 1,630,403 ................. 264,847
----------------------------------------------------------------------------------------------------------------
The above burden estimates indicate an expected total of 1,630,403
responses and 264,847 burden hours across all of our forms. These
totals reflect expected increases of 24,331 responses and 3,963 burden
hours relative to our previous information collection request. We
expect such burden increases as a direct result of the increased number
of hunting and fishing opportunities on Service stations under the
rule.
As part of our continuing effort to reduce paperwork and respondent
burdens, and in accordance with 5 CFR 1320.8(d)(1), we invite the
public and other Federal agencies to comment on any aspect of this
revision to an existing information collection, including:
(1) Whether or not the collection of information is necessary for
the proper performance of the functions of the agency, including
whether or not the information will have practical utility;
(2) The accuracy of our estimate of the burden for this collection
of information, including the validity of the methodology and
assumptions used;
(3) Ways to enhance the quality, utility, and clarity of the
information to be collected; and
(4) Ways to minimize the burden of the collection of information on
those
[[Page 48848]]
who are to respond, including through the use of appropriate automated,
electronic, mechanical, or other technological collection techniques or
other forms of information technology, e.g., permitting electronic
submission of response.
On May 4, 2021, we published a proposed rule (86 FR 23794) which
solicited comments on the information collection requirements described
in this supporting statement for a period of 60 days, ending July 6,
2021. We received no comments regarding the information collection
requirements in response to the proposed rule.
This final rule is effective immediately upon publication, for the
reasons set forth above under Effective Date. We will, however, accept
and consider all public comments concerning the information collection
requirements received in response to this final rule. Send your written
comments and suggestions on this information collection to the Service
Information Collection Clearance Officer, U.S. Fish and Wildlife
Service, 5275 Leesburg Pike, MS: PRB (JAO/3W), Falls Church, VA 22041-
3803 (mail); or [email protected] (email). Please reference ``OMB
Control Number 1018-0140'' in the subject line of your comments.
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 hatcheries,
and prior to implementing any new or revised public recreation program
on a station as identified in 50 CFR 26.32. We have completed section 7
consultations on each of the affected stations.
National Environmental Policy Act
We analyzed this rule in accordance with the criteria of the
National Environmental Policy Act of 1969 (NEPA; 42 U.S.C. 4332(C)), 43
CFR part 46, and 516 Departmental Manual (DM) 8.
A categorical exclusion from NEPA documentation applies to
publication of amendments to station-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 rulemaking, we have
complied with NEPA at the project level when developing each action.
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 or hatchery to the list of areas
open to hunting and fishing in 50 CFR parts 32 and 71, we develop
hunting and fishing plans for the affected stations. We incorporate
these station hunting and fishing activities in the station
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, the Council on Environmental Quality's
regulations for implementing NEPA in 40 CFR parts 1500 through 1508,
and the Department of Interior's NEPA regulations 43 CFR part 46. 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 stations at the addresses provided
below.
Available Information for Specific Stations
Individual refuge and hatchery 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 or hatchery, contact the appropriate Service office
for the States listed below:
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) 231-6203.
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) 248-6635.
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) 713-5476.
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) 679-7356.
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.
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) 236-4377.
Alaska. Regional Chief, National Wildlife Refuge System, U.S. Fish
and Wildlife Service, 1011 E. Tudor Rd., Anchorage, AK 99503; Telephone
(907) 786-3545.
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) 767-9241.
Primary Author
Christian Myers, Division of Natural Resources and Conservation
Planning, National Wildlife Refuge System, is the primary author of
this rulemaking document.
List of Subjects
50 CFR Part 32
Fishing, Hunting, Reporting and recordkeeping requirements,
Wildlife, Wildlife refuges.
50 CFR Part 71
Fish, Fishing, Wildlife.
Signing Authority
The Assistant Secretary for Fish and Wildlife and Parks approved
this document and authorized the undersigned to sign and submit the
document to the Office of the Federal Register for publication
electronically as an official document of the Department of the
Interior. Shannon Estenoz, Assistant Secretary for Fish and Wildlife
and Parks, approved this document on August 10, 2021, for publication.
Regulation Promulgation
For the reasons set forth in the preamble, we amend title 50,
chapter I, subchapters C and E of the Code of Federal Regulations as
follows:
[[Page 48849]]
SUBCHAPTER C--THE NATIONAL WILDLIFE REFUGE SYSTEM
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; Pub. L. 115-20, 131 Stat. 86.
0
2. Amend Sec. 32.7 by:
0
a. Redesignating paragraphs (i)(6) through (15) as paragraphs (i)(7)
through (16) and adding a new paragraph (i)(6);
0
b. Revising paragraph (s);
0
c. Removing paragraph (z)(17);
0
d. Redesignating paragraphs (z)(18) through (25) as paragraphs (z)(17)
through (24);
0
e. Redesignating paragraphs (qq)(12) through (14) as paragraphs
(qq)(14) through (16) and adding new paragraphs (qq)(12) and (13); and
0
f. Redesignating paragraphs (tt)(5) through (12) as paragraphs (tt)(7)
through (14) and adding new paragraphs (tt)(5) and (6).
The additions and revision read as follows:
Sec. 32.7 What refuge units are open to hunting and/or sport fishing?
* * * * *
(i) * * *
(6) Florida Panther National Wildlife Refuge.
* * * * *
(s) Maine. (1) Franklin Island National Wildlife Refuge.
(2) Moosehorn National Wildlife Refuge.
(3) Petit Manan National Wildlife Refuge.
(4) Pond Island National Wildlife Refuge.
(5) Rachel Carson National Wildlife Refuge.
(6) Sunkhaze Meadows National Wildlife Refuge.
(7) Umbagog National Wildlife Refuge.
* * * * *
(qq) * * *
(12) Muleshoe National Wildlife Refuge.
(13) Neches River National Wildlife Refuge.
* * * * *
(tt) * * *
(5) Featherstone National Wildlife Refuge.
(6) Fisherman Island National Wildlife Refuge.
* * * * *
0
3. Amend Sec. 32.20 by:
0
a. Adding paragraph (c)(1);
0
b. Revising paragraphs (c)(2) and (3);
0
c. Removing paragraph (c)(4)(ii); and
0
d. Redesignating paragraphs (c)(4)(iii) through (v) as paragraphs
(c)(4)(ii) through (iv).
The addition and revisions read as follows:
Sec. 32.20 Alabama.
* * * * *
(c) Choctaw National Wildlife Refuge--(1) Migratory game bird
hunting. We allow hunting of duck, light and dark geese, coot, and
merganser on designated areas of the refuge subject to the following
conditions:
(i) We only allow migratory game bird hunting during the Special
Youth, Veteran, and Active Military Personnel Waterfowl Hunting Days
determined by the State. Regular waterfowl season shooting hours, bag
limits, and legal arms and ammunition apply to the special days.
(ii) You must remove all decoys, blind materials, and harvested
game from the refuge (see Sec. 27.93 of this chapter) by 1 p.m. each
day.
(iii) Hunters may enter the refuge at 4 a.m. and must stop hunting
at 12 p.m. (noon) each day.
(iv) We allow the use of dogs for retrieval of migratory birds.
(v) We allow the incidental take of coyote, beaver, opossum,
nutria, raccoon, and feral hog during any refuge hunt with the weapons
legal for that hunt, as governed by the State of Alabama.
(2) Upland game hunting. We allow hunting of squirrel and rabbit,
and incidental take of coyote, beaver, raccoon, opossum, and nutria, on
designated areas of the refuge subject to the following conditions:
(i) We prohibit leaving unattended personal property, including,
but not limited to, boats or vehicles of any type, geocaches, lumber,
and cameras, overnight on the refuge (see Sec. 27.93 of this chapter).
(ii) All persons age 15 or younger, while hunting on the refuge,
must be in the presence and under direct supervision of a licensed or
exempt hunter age 21 or older. A licensed hunter supervising a youth
must hold a valid State license for the species being hunted. One adult
may supervise no more than two youth hunters.
(iii) We allow the use of dogs when hunting squirrel and rabbit.
(iv) Hunters may only hunt during designated days and times.
(v) The condition set forth at paragraph (c)(1)(v) of this section
applies.
(3) Big game hunting. We allow hunting of white-tailed deer and
incidental take of feral hog subject to the following conditions:
(i) The conditions set forth at paragraphs (c)(1)(v), and (c)(2)(i)
and (ii) of this section apply.
(ii) Deer hunters may place one portable stand or blind on the
refuge for use while deer hunting, but only during the open deer
season. The stand must be clearly labeled with the hunter's State
hunting license number. You may leave the stand or blind on the refuge
overnight during the deer season.
(iii) While climbing a tree, installing a tree stand that uses
climbing aids, or hunting from a tree stand on the refuge, hunters must
use a fall-arrest system (full body harness) that is manufactured to
the Tree Stand Manufacturers Association's standards.
(iv) Deer hunts are archery only except during the State Special
Opportunity Areas (SOA) hunt.
(v) The State SOA hunt will occur 4 days per year on the refuge as
specified by State SOA regulations.
(vi) Hunters must be selected for and possess a State limited quota
permit in order to participate in the State SOA hunt on the refuge.
(vii) We allow the use of muzzleloaders only during the State SOA
hunt.
* * * * *
0
4. Amend Sec. 32.22 by:
0
a. Revising paragraphs (a)(1) through (3), (b)(1)(iii), (c)(1)(i),
(c)(2) introductory text, (c)(3)(ii), and (e);
0
b. Adding paragraphs (h)(1)(iv) and (v); and
0
c. Revising paragraphs (h)(2)(ii) and (iii), and (h)(3)(ii).
The revisions and additions read as follows:
Sec. 32.22 Arizona.
* * * * *
(a) * * * (1) Migratory game bird hunting. We allow hunting of
mourning and white-winged dove on designated areas of the refuge
subject to the following conditions:
(i) We allow only shotguns and archery equipment for hunting.
(ii) We prohibit hunting within 50 yards (45 meters) of any road or
trail open to public use and within \1/4\ mile (402 meters) of any
building.
(iii) You must remove boats, equipment, temporary blinds, stands,
etc., at the end of each day's activities (see Sec. 27.93 of this
chapter).
(iv) Hunters may enter the refuge \1/2\ hour before legal sunrise
and must leave the refuge no later than \1/2\ hour after legal sunset.
(2) Upland game hunting. We allow hunting of Gambel's quail,
Eurasian collared-dove, cottontail rabbit, coyote, gray fox, and kit
fox on designated areas
[[Page 48850]]
of the refuge subject to the following conditions:
(i) The conditions set forth at paragraphs (a)(1)(i) through (iv)
of this section apply, except that we also allow muzzleloading shotguns
for cottontail rabbit hunting.
(ii) We allow hunting of Gambel's quail in alignment with the State
quail season.
(iii) We allow hunting of cottontail rabbit from September through
February aligning with the beginning of the State dove season and the
end of the State quail season.
(iv) We allow hunting of Eurasian collared-dove during the State
mourning and white-winged dove season.
(v) We prohibit night hunting from \1/2\ hour after legal sunset
until \1/2\ hour before legal sunrise the following day.
(3) Big game hunting. We allow hunting of desert bighorn sheep and
javelina on designated areas of the refuge subject to the following
conditions:
(i) The conditions set forth at paragraphs (a)(1)(ii) through (iv)
of this section apply.
(ii) We allow the use of rifles, muzzleloaders, and archery for
desert bighorn sheep hunting.
(iii) We allow shotguns shooting slugs and archery equipment for
javelina hunting.
* * * * *
(b) * * *
(1) * * *
(iii) We allow the use of dogs when hunting.
* * * * *
(c) * * *
(1) * * *
(i) We require hunters to obtain a visitor access permit
(Department of Defense form/requirement) from the refuge.
* * * * *
(2) Upland game hunting. We allow hunting of Gambel's quail,
Eurasian collared-dove, desert cottontail rabbit, antelope jackrabbit
and black-tailed jackrabbit, coyote, bobcat, and kit and gray fox in
designated areas of the refuge subject to the following conditions:
* * * * *
(3) * * *
(ii) We require Special Use Permits for all guides (FWS Form 3-
1383-C), stock animals (FWS Form 3-1383-G), and bighorn sheep hunters
(FWS Form 3-1383-G).
* * * * *
(e) Havasu National Wildlife Refuge--(1) Migratory game bird
hunting. We allow hunting of mourning and white-winged dove, duck,
American coot, common gallinule, goose, and snipe on designated areas
of the refuge subject to the following conditions:
(i) We prohibit falconry.
(ii) We allow only shotguns, crossbows, and archery equipment for
hunting.
(iii) You must remove all decoys, boats, trash items, cameras,
temporary blinds, stands, and other equipment at the end of each day's
activities (see Sec. Sec. 27.93 and 27.94 of this chapter).
(iv) We allow the use of dogs when hunting.
(v) The following conditions apply to Pintail Slough (Quota Hunt
Area):
(A) We require a fee for Quota waterfowl hunting.
(B) We limit the number of persons at each waterfowl hunt blind or
field to four. Observers cannot hold shells or guns for hunting unless
in possession of a valid State hunting license and stamps.
(C) Waterfowl hunters must hunt within the designated boundaries of
their assigned blind or field.
(D) You may use only native vegetation or materials for making or
fixing hunt blinds.
(E) We allow waterfowl hunting on Wednesdays, Saturdays, and
Sundays. Waterfowl hunting ends at 2 p.m. MST (Mountain Standard Time).
Hunters must be out of the Pintail Slough area by 3 p.m. MST.
(F) We allow dove hunting at the Pintail Slough Quota Hunt Area
outside the general State waterfowl season.
(2) Upland game hunting. We allow hunting of Gambel's quail,
cottontail rabbit, Eurasian collared-dove, African collared-dove,
black-tailed jackrabbit, bobcat, coyote, gray fox, and kit fox on
designated areas of the refuge subject to the following conditions:
(i) The conditions set forth at paragraphs (e)(1)(i) through (iv)
of this section apply, except that we also allow pneumatic weapons,
muzzleloaders, and hand guns for upland game hunting.
(ii) We prohibit night hunting from \1/2\ hour after legal sunset
until \1/2\ hour before legal sunrise the following day.
(iii) We allow hunting of Gambel's quail, cottontail rabbit,
Eurasian collared-dove, African collared-dove, black-tailed jackrabbit,
bobcat, coyote, gray fox, and kit fox from September 1-March 15.
(iv) We allow the incidental take of Gambel's quail, cottontail
rabbit, Eurasian collared-dove, African collared-dove, black-tailed
jackrabbit, bobcat, coyote, gray fox, and kit fox in the Pintail Slough
Quota Hunt Area during the general State waterfowl season by hunters
possessing a valid permit (FWS Form 3-2439) at their designated
waterfowl hunt blind or field.
(3) Big game hunting. We allow hunting of desert bighorn sheep and
the incidental take of feral hog on designated areas of the refuge
subject to the following conditions:
(i) The conditions set forth at paragraphs (e)(1)(i) and (iii) of
this section apply.
(ii) We allow only rifles for desert bighorn sheep hunting.
(4) Sport fishing. We allow fishing on designated areas of the
refuge subject to the following conditions:
(i) The condition set forth at paragraph (e)(1)(iii) of this
section applies.
(ii) We prohibit overnight boat mooring and shore anchoring unless
actively fishing, as governed by State regulations.
* * * * *
(h) * * *
(1) * * *
(iv) You must remove all equipment, cameras, temporary blinds,
stands, etc., at the end of each day's activities (see Sec. 27.93 of
this chapter).
(v) We allow Eurasian collared-dove hunting only during mourning
and white-winged dove seasons.
(2) * * *
(ii) We prohibit night hunting from \1/2\ hour after legal sunset
until \1/2\ hour before legal sunrise the following day.
(iii) We allow quail hunting during State seasons. For all other
upland game species, we only allow hunting when a species season dates
overlap with a general or archery State deer or javelina hunt season,
except for youth-only seasons.
(3) * * *
(ii) We allow hunting of black bear only when the State season
dates overlap with a general or archery State deer or javelina hunt
season, except for youth-only seasons.
* * * * *
0
5. Amend Sec. 32.23 by revising paragraphs (a) through (f), and (i) to
read as follows:
Sec. 32.23 Arkansas.
* * * * *
(a) Bald Knob National Wildlife Refuge--(1) Migratory game bird
hunting. We allow hunting of duck, goose, coot, merganser, snipe,
woodcock, rail, gallinule, crow, and dove on designated areas of the
refuge subject to the following conditions:
(i) We require a signed refuge hunting permit (FWS Form 3-2439).
Anyone on the refuge in possession of hunting equipment must sign and
possess the permit (FWS Form 3-2439) at all times.
[[Page 48851]]
(ii) During the quota gun deer hunt, we close the refuge to all
other hunts and public entry, unless the refuge is closed to deer
hunting at that time due to implementation of State flood closure zone
regulations.
(iii) Hunters may enter the refuge beginning at 4 a.m. Except when
hunting applicable goose species during the State Conservation Order,
waterfowl hunters must exit the refuge by 1 p.m. All other hunters,
including those hunting applicable goose species during the State
Conservation Order, must exit the refuge no later than 1 hour after
legal sunset.
(iv) We allow waterfowl hunting until 12 p.m. (noon), except that
during the State Conservation Order, you may hunt for applicable goose
species until legal sunset. Snipe, woodcock, rail, gallinule, crow, and
dove hunters may hunt until legal sunset.
(v) When waterfowl hunting, you may not possess more than 25
shotgun shells while in the field, except that during the State
Conservation Order, there is no limit on the number of shells you may
possess while hunting applicable goose species.
(vi) We prohibit hunting closer than 100 yards (91 meters) to
another hunter or hunting party.
(vii) You must remove decoys, blinds, boats, and all other
equipment at the end of each day's hunt (see Sec. 27.93 of this
chapter).
(viii) All hunters age 11 and younger who possess valid hunter
education certification must remain within normal sight and voice
contact with an adult age 18 or older who possesses a valid State
hunting license. Hunters age 15 and younger who have not completed
hunter education must be under the direct supervision (within arm's
reach) of an adult age 21 or older who possesses a valid State hunting
license. One adult may supervise up to two youth hunters for migratory
bird and upland game hunting, but may supervise only one youth during
big game hunting.
(ix) We allow incidental take of beaver, muskrat, nutria, river
otter, mink, bobcat, fox, striped skunk, and coyote during any refuge
hunt with the weapons legal for that hunt, subject to applicable State
seasons and regulations.
(x) We allow the use of dogs when migratory game bird hunting.
(xi) We close the Waterfowl Sanctuary Hunt Unit to all entry and
hunting from November 15 to February 28, except that quota gun deer
hunters may hunt in that Unit when the season overlaps with these
dates.
(xii) We allow waterfowl hunting from mowed and/or graveled road
rights-of-way, but we prohibit all other hunting from these rights-of-
way.
(xiii) We allow only hunters to use all-terrain vehicles (ATVs) and
only from September 1 through March 31, except that during the State
Conservation Order, hunters may use ATVs for hunting applicable goose
species.
(xiv) Hunters may use conventional motor vehicles, ATVs, bicycles,
and e-bikes only on public use roads, levee tops, designated ATV trails
(open to ATVs only), and established parking lots not closed by a
locked gate, other barrier, or signage.
(xv) Hunters and anglers may use conventional motor vehicles only
in the Bison, Waterfowl Sanctuary, and Core Waterfowl Area Hunt Units
and only from March 1 through November 14.
(xvi) From November 15 through February 28, we close the Core
Waterfowl Area Hunt Unit to all hunting, fishing, and public entry at 1
p.m. daily, except that during the State Conservation Order, you may
hunt applicable goose species in this Unit until legal sunset.
(xvii) We prohibit the use of personal watercraft (e.g., jet skis),
airboats, and hovercraft for hunting and fishing on the refuge.
(2) Upland game hunting. We allow hunting of squirrel, rabbit,
quail, raccoon, opossum, beaver, muskrat, nutria, river otter, mink,
bobcat, fox, striped skunk, and coyote on designated areas of the
refuge subject to the following conditions:
(i) The conditions set forth at paragraphs (a)(1)(i), (ii), (viii),
(ix), and (xi) through (xvii) of this section apply.
(ii) Hunters may use shotguns, rifles and handguns chambered for
rimfire cartridges, air rifles, and archery tackle.
(iii) We allow squirrel, rabbit, opossum, raccoon, and quail
hunting according to season dates and bag limits provided in the annual
refuge public use brochure.
(iv) We allow the use of dogs when hunting upland game.
(v) Hunters may enter the refuge beginning at 4 a.m. and must exit
the refuge by 1 hour after legal sunset, except that we allow hunting
of raccoon and opossum at night (from 30 minutes after legal sunset to
30 minutes before legal sunrise) on the refuge.
(vi) We prohibit hunting from a vehicle.
(3) Big game hunting. We allow hunting of deer and turkey, and the
incidental take of feral hog, on designated areas of the refuge subject
to the following conditions:
(i) The conditions set forth at paragraphs (a)(1)(i), (ii), (viii),
(ix), and (xi) through (xvii), (2)(v), and (2)(vi) of this section
apply.
(ii) We allow archery/crossbow, modern gun, and muzzleloader deer
hunting according to season dates and bag limits provided in the annual
refuge public use brochure.
(iii) Turkey hunting will be conducted in the Bison, Waterfowl
Sanctuary, and Mingo Creek Hunt Units according to season dates and bag
limits provided in the annual refuge public use brochure.
(iv) Hunters may use only shotguns with slugs, muzzleloaders,
handguns with barrel lengths greater than 4 inches, large-bore air
rifles, and archery/crossbow tackle for modern gun deer hunting on the
Bison, Core Waterfowl Area, and Waterfowl Sanctuary Hunt Units.
(v) You may erect portable stands and blinds 7 days prior to the
refuge deer season and must remove them from the waterfowl sanctuary
prior to November 15, except for stands used by quota gun deer hunters,
which you must remove by the last day of the quota gun deer hunt (see
Sec. 27.93 of this chapter). You must remove all stands on the
remainder of the refuge within 7 days of the closure of archery season
(see Sec. 27.93 of this chapter).
(vi) We prohibit leaving any tree stand, blind, or game camera on
the refuge without the owner's Arkansas Game and Fish Commission
customer identification number clearly written on it in a conspicuous
location.
(vii) We prohibit the possession or use of lead shot and buckshot
for deer hunting. We allow lead shot for turkey hunting.
(viii) During the quota gun deer hunt, we allow only hunters
possessing a valid quota gun deer hunting permit (FWS Form 3-2439) on
the refuge and only for the purposes of deer hunting and the incidental
take of allowable species.
(ix) Hunters may only take feral hog incidental to modern gun and
muzzleloader deer hunts and during specified periods for archery deer
hunting according to season dates provided in the annual refuge public
use brochure.
(x) We prohibit the use of dogs for deer hunting.
(xi) During the quota turkey hunts, only hunters possessing a valid
quota turkey hunting permit (FWS Form 3-2439) will be allowed to enter
the open hunt units and only for the purposes of turkey hunting.
(4) Sport fishing. We allow sport fishing, frogging, and
crawfishing on
[[Page 48852]]
designated areas of the refuge subject to the following conditions:
(i) The conditions set forth at paragraph (a)(1)(ii), (xi), (xv)
through (xvii), and (a)(3)(viii) and (xi) of this section apply.
(ii) We prohibit the take or possession of turtles and/or mollusks
(see Sec. 27.21 of this chapter).
(iii) We allow fishing, frogging, and crawfishing for personal use
only. All crawfish traps must have the owner's Arkansas Game and Fish
Commission license customer identification number permanently affixed.
(iv) You may enter the refuge to fish, frog, or crawfish beginning
at 4 a.m. and must exit by 1 hour after legal sunset.
(v) We prohibit tournament fishing on the refuge.
(b) Big Lake National Wildlife Refuge. (1) [Reserved]
(2) Upland game hunting. We allow hunting of squirrel, rabbit,
quail, raccoon, nutria, coyote, beaver, muskrat, river otter, mink,
bobcat, fox, striped skunk, and opossum on designated areas of the
refuge subject to the following conditions:
(i) We require a signed refuge hunt permit (FWS Form 3-2439).
Anyone on the refuge in possession of hunting equipment must sign and
possess the permit (FWS Form 3-2439) at all times.
(ii) During the quota gun deer hunt, we close the refuge to all
other hunts and public entry.
(iii) We allow incidental take of nutria, beaver, muskrat, river
otter, mink, bobcat, fox, striped skunk, and coyote during any refuge
hunt with the weapons legal for that hunt, subject to applicable State
seasons and regulations.
(iv) We allow squirrel, rabbit, raccoon, opossum, and quail hunting
according to season dates and bag limits provided in the annual refuge
public use brochure.
(v) We allow the use of dogs only for squirrel, rabbit, and quail
hunting in the refuge area north of Timm's Point.
(vi) Hunters may only use shotguns, rifles and handguns chambered
for rimfire cartridges, air rifles, and archery tackle.
(vii) We prohibit hunting from mowed and/or gravel road rights-of-
way.
(viii) Hunters may enter the refuge beginning at 4 a.m. and must
exit the refuge by 1 hour after legal sunset, except that we allow
hunting of raccoon and opossum at night (from 30 minutes after legal
sunset to 30 minutes before legal sunrise) on the refuge.
(ix) All hunters age 11 and younger who possess valid hunter
education certification must remain within normal sight and voice
contact with an adult age 18 or older who possesses a valid State
hunting license. Hunters age 15 and younger who have not completed
hunter education must be under the direct supervision (within arm's
reach) of an adult age 21 or older who possesses a valid State hunting
license. One adult may supervise up to two youth hunters for upland
game hunting, but may supervise only one youth during big game hunting.
(x) From November 1 to February 28, we close all waterfowl
sanctuaries to all hunting and public entry.
(xi) Hunters and anglers may not leave motor vehicles, bicycles, e-
bikes, or boats overnight on the refuge.
(xii) We only allow use of all-terrain vehicles (ATVs) by hunters
with mobility-impairments, and the refuge manager must authorize this
use in writing.
(xiii) Hunters and anglers may use motor vehicles, bicycles, and e-
bikes only on public use roads not closed by a locked gate, other
barrier, or signage.
(xiv) From November 1 through February 28, boat access is
restricted to launching at Seven Mile boat ramp and using Ditch 28
only.
(xv) We prohibit the use of personal watercraft (e.g., jet skis),
airboats, and hovercraft for hunting and fishing on the refuge.
(xvi) We prohibit hunting from a vehicle.
(3) Big game hunting. We allow hunting of white-tailed deer,
turkey, and incidental take of feral hog on designated areas of the
refuge subject to the following conditions:
(i) The conditions set forth at paragraphs (b)(2)(i) through (iii),
and (vii) through (xvi) of this section apply.
(ii) We allow archery/crossbow, modern gun, and muzzleloader deer
hunting according to season dates and bag limits provided in the annual
refuge public use brochure.
(iii) Modern gun deer hunters may only use shotguns with slugs,
muzzleloaders, handguns with barrel lengths greater than 4 inches,
large-bore air rifles, and archery/crossbow tackle.
(iv) You may erect portable stands or blinds 7 days prior to the
refuge deer season and must remove them 7 days after the closure of
archery season (see Sec. 27.93 of this chapter).
(v) We prohibit leaving any tree stand, blind, or game camera on
the refuge without the owner's Arkansas Game and Fish Commission
customer identification number clearly written on it in a conspicuous
location.
(vi) Hunters may only take feral hog incidental to modern gun and
muzzleloader deer hunts and during a specified period during archery
deer hunting according to season dates provided in the annual refuge
public use brochure.
(vii) We prohibit the possession or use of lead shot or buckshot
for deer hunting. We allow lead shot for turkey hunting.
(viii) Turkey hunting is conducted according to season dates and
bag limits provided in the annual refuge public use brochure.
(ix) During the quota gun deer hunts, only hunters possessing a
valid quota gun deer permit (FWS Form 3-2439) may use the refuge and
only for the purposes of deer hunting and the incidental take of
allowable species.
(x) During the quota gun turkey hunts, we close the refuge Wildlife
Auto Drive Road to other hunting and public entry, and only hunters
possessing a valid quota gun turkey permit (FWS Form 3-2439) may use
that area of the refuge and only for the purposes of turkey hunting.
(xi) We prohibit the use of dogs for deer hunting.
(4) Sport fishing. We allow sport fishing, frogging, and
crawfishing on designated areas of the refuge subject to the following
conditions:
(i) The conditions set forth at paragraphs (b)(2)(ii), (x), (xi),
(xii) through (xv), and (b)(3)(ix) and (x) of this section apply.
(ii) Anglers may launch boats only in designated areas.
(iii) We allow frogging and crawfishing for personal use only. All
crawfish traps must have the owner's Arkansas Game and Fish Commission
license customer identification number permanently affixed.
(iv) We prohibit the take or possession of turtles and/or mollusks
(see Sec. 27.21 of this chapter).
(v) We allow fishing, frogging, and crawfishing on all refuge
waters from March 1 through October 31.
(vi) We allow fishing in the Sand Slough-Mud Slough area from
November 1 through February 28 only with the use of nonmotorized boats
and electric trolling motors; anglers may enter this area at 4 a.m. and
must depart by 1 hour after legal sunset.
(vii) We prohibit climbing onto or fishing from any water control
structure and associated wingwalls and fences, or the top of the
Floodway Dam south of Highway 18.
(viii) We prohibit tournament fishing on the refuge.
(c) Cache River National Wildlife Refuge--(1) Migratory game bird
hunting. We allow hunting of duck, goose, coot, merganser, snipe,
woodcock, rail, gallinule, crow, and
[[Page 48853]]
dove on designated areas of the refuge subject to the following
conditions:
(i) We require a signed refuge hunting permit (FWS Form 3-2439).
Anyone on the refuge in possession of hunting equipment must sign and
possess the permit (FWS Form 3-2439) at all times.
(ii) Hunters may enter the refuge beginning at 4 a.m. Except when
hunting applicable goose species during the State Conservation Order,
waterfowl hunters must exit the refuge by 1 p.m. All other hunters,
including those hunting applicable goose species during the State
Conservation Order, must exit the refuge no later than 1 hour after
legal sunset.
(iii) We allow waterfowl hunting until 12 p.m. (noon), except that
during the State Conservation Order, you may hunt for applicable goose
species until legal sunset.
(iv) You must remove decoys, blinds, boats, and all other equipment
at the end of each day's hunt (see Sec. 27.93 of this chapter).
(v) From March 1 through October 31, hunters and anglers may leave
boats displaying valid registration on the refuge.
(vi) During the regular State waterfowl hunting season, we prohibit
the use of boats on the refuge from 12 a.m. (midnight) to 4 a.m.
(vii) We allow the use of dogs when migratory game bird hunting.
(viii) We allow waterfowl hunting on flooded refuge roads.
(ix) During the quota gun deer hunt, we close the refuge to all
other hunts and public entry, unless the refuge is closed to deer
hunting at that time due to implementation of State flood closure zone
regulations.
(x) All hunters age 11 and younger who possess valid hunter
education certification must remain within normal sight and voice
contact with an adult age 18 or older who possesses a valid State
hunting license. Hunters age 15 and younger who have not completed
hunter education must be under the direct supervision (within arm's
reach) of an adult age 21 or older who possesses a valid State hunting
license. One adult may supervise up to two youth hunters for migratory
bird and upland game hunting, but may supervise only one youth during
big game hunting.
(xi) We allow incidental take of beaver, muskrat, nutria, river
otter, mink, bobcat, fox, striped skunk, and coyote during any refuge
hunt with the weapons legal for that hunt, subject to applicable State
season and regulations.
(xii) From November 15 to February 28, we close all waterfowl
sanctuaries to all hunting and public entry.
(xiii) We allow only hunters to use all-terrain vehicles (ATVs) and
only from September 1 through March 31, except that during the State
Conservation Order, hunters may use ATVs for hunting applicable goose
species.
(xiv) Hunters and anglers may not operate conventional motor
vehicles, ATVs, bicycles, or e-bikes on any road or trail closed by a
locked gate, other barrier, or signage.
(xv) Hunter and anglers may not leave motor vehicles, ATVs,
bicycles, or e-bikes unattended overnight on the refuge.
(xvi) We prohibit the use of personal watercraft (e.g., jet skis),
airboats, and hovercraft for hunting and fishing on the refuge.
(2) Upland game hunting. We allow hunting of squirrel, rabbit,
quail, raccoon, opossum, beaver, muskrat, nutria, river otter, mink,
bobcat, fox, striped skunk, and coyote on designated areas of the
refuge subject to the following conditions:
(i) The conditions set forth at paragraphs (c)(1)(i), (v), (vi),
and (ix) through (xvi) of this section apply.
(ii) We allow squirrel, rabbit, raccoon, opossum, and quail hunting
according to season dates and bag limits provided in the annual refuge
public use brochure.
(iii) We allow the use of dogs when hunting upland game.
(iv) We prohibit hunting from mowed and/or graveled road rights-of-
way.
(v) Hunters may use only shotguns, rifles and handguns chambered
for rimfire cartridges, air rifles, and archery tackle.
(vi) Hunters may enter the refuge beginning at 4 a.m. and must exit
the refuge by 1 hour after legal sunset, except that we allow hunting
of raccoon and opossum at night (from 30 minutes after legal sunset to
30 minutes before legal sunrise) on the refuge.
(vii) We prohibit hunting from a vehicle.
(3) Big game hunting. We allow hunting of deer and turkey, and
incidental take of feral hog, on designated areas of the refuge subject
to the following conditions:
(i) The conditions set forth at paragraphs (c)(1)(i), (v), (vi),
and (ix) through (xvi), and (c)(2)(iv), (vi) and (vii) of this section
apply.
(ii) We allow archery/crossbow, modern gun, and muzzleloader deer
hunting according to season dates and bag limits provided in the annual
refuge public use brochure.
(iii) Hunters may take only feral hog incidental to modern gun and
muzzleloader deer hunts and during a specified period during archery
deer hunting according to season dates provided in the annual refuge
public use brochure.
(iv) Hunters may only use shotguns with slugs, muzzleloaders,
handguns with barrel lengths greater than 4 inches, large-bore air
rifles, and archery/crossbow tackle for modern gun deer hunting on the
Dixie, Dixie Waterfowl Sanctuary, and Plunkett Farm Waterfowl Sanctuary
Hunt Units.
(v) You may erect portable stands or blinds 7 days prior to the
refuge deer season, and you must remove them from the waterfowl
sanctuaries prior to November 15, and from the rest of the refuge
within 7 days of the closure of archery season (see Sec. 27.93 of this
chapter).
(vi) We prohibit leaving any tree stand, blind, or game camera on
the refuge without the owner's Arkansas Game and Fish Commission
customer identification number clearly written on it in a conspicuous
location.
(vii) We prohibit the possession or use of lead shot and buckshot
for deer hunting. We allow lead shot for turkey hunting.
(viii) During the quota gun deer hunt, we allow only hunters
possessing a valid quota gun deer hunting permit (FWS Form 3-2439) on
the refuge and only for the purposes of deer hunting and the incidental
take of allowable species.
(ix) Turkey hunting will be conducted in designated areas according
to season dates and bag limits provided in the annual refuge public use
brochure.
(x) We prohibit the use of dogs for deer hunting.
(4) Sport fishing. We allow sport fishing, frogging, and
crawfishing on designated areas of the refuge subject to the following
conditions:
(i) The conditions set forth at paragraphs (c)(1)(v), (vi), (ix),
(xii), (xiv) through (xvi), and (c)(3)(viii) of this section apply.
(ii) We prohibit the take or possession of turtles and/or mollusks
(see Sec. 27.21 of this chapter).
(iii) We allow frogging and crawfishing for personal use only. All
crawfish traps must have the owner's Arkansas Game and Fish Commission
license customer identification number permanently affixed.
(iv) We prohibit tournament fishing on the refuge.
(d) Dale Bumpers White River National Wildlife Refuge--(1)
Migratory game bird hunting. We allow hunting of waterfowl (duck,
goose, merganser, and coot), dove, and woodcock on designated areas of
the refuge subject to the following conditions:
[[Page 48854]]
(i) We require an annual public use permit (FWS Form 3-2439) to
hunt, fish, launch boats, and utilize campgrounds.
(ii) We allow waterfowl hunting from legal shooting hours until 12
p.m. (noon).
(iii) We allow the use of dogs when migratory game bird hunting.
(iv) We allow woodcock hunting beginning December 1 until the end
of the State woodcock season on the North Unit following State legal
shooting hours and bag limit.
(v) We prohibit goose hunting outside the State duck season.
(vi) We allow dove hunting only during the Statewide season in
September and October, as specified in the refuge public use brochure.
(vii) You must remove blinds, blind material, and decoys from the
refuge by 1 p.m. each day (see Sec. 27.93 of this chapter).
(viii) Waterfowl hunters may enter the North Unit, Jack's Bay Hunt
Area, and Levee Hunt Area no earlier than 4 a.m. on days hunting is
allowed, as identified in the refuge public use brochure.
(ix) We prohibit boating from November 1 to March 1 in the South
Unit Waterfowl Hunt Areas, except from 4 a.m. to 1 p.m. on designated
waterfowl hunt days.
(x) We allow waterfowl hunting on outlying tracts; the conditions
set forth at paragraphs (d)(1)(ii), (vii), and (viii) of this section
apply.
(xi) We only allow all-terrain vehicles (ATVs) for wildlife-
dependent hunting and fishing activities. We prohibit the use of ATVs
after December 15 each year in designated South Unit areas as shown in
the refuge public use brochure.
(xii) We allow incidental take of beaver, coyote, and nutria during
any refuge hunt with the weapons legal for that hunt, subject to
applicable State seasons and regulations.
(xiii) During refuge-wide quota muzzleloader and quota gun deer
hunts, we close the refuge to all non-quota hunting.
(xiv) All youth hunters age 15 and younger must remain within sight
and normal voice contact of an adult age 21 or older who possesses a
valid State hunting license. One adult may supervise no more than two
youth hunters.
(2) Upland game hunting. We allow hunting of squirrel, rabbit, and
all furbearers (as governed by State law), and the incidental take of
beaver, coyote, and nutria, on designated areas of the refuge subject
to the following conditions:
(i) The conditions set forth at paragraphs (d)(1)(i), and (xi)
through (xiv) of this section apply.
(ii) We allow hunting of rabbit and squirrel on the North Unit from
September 1 through January 31.
(iii) On the North Unit only, we allow the use of dogs when hunting
rabbit and squirrel from December 1 through January 31.
(iv) We allow rabbit and squirrel hunting on the South Unit from
September 1 through November 30.
(v) We allow furbearer hunting. The annual public use brochure
provides season dates and methods.
(vi) We allow the use of dogs for hunting furbearers from legal
sunset to legal sunrise. Hunters must tether or pen all dogs used for
furbearer hunting from legal sunrise to legal sunset and at any time
they are not involved in actual hunting.
(3) Big game hunting. We allow the hunting of white-tailed deer and
turkey, and the incidental take of feral hog, on designated areas of
the refuge subject to the following conditions:
(i) The conditions set forth at paragraphs (d)(1)(i), (ix), and
(xi) through (xiii) of this section apply.
(ii) Archery deer seasons on the North Unit are from October 1
through January 31, except during quota muzzleloader and quota gun deer
hunts, when the archery season is closed.
(iii) Archery deer seasons on the South Unit are from October 1
through December 31, except during quota muzzleloader and quota gun
deer hunts, when the archery season is closed.
(iv) Muzzleloader season for deer will begin in October and will
continue for a period of up to 3 days of quota hunting in the North and
South Units, and no more than 4 days of non-quota hunting in the North
Unit.
(v) The gun deer hunt will begin in November and will continue for
a period of no more than 3 days of quota hunting in the North and South
Units, and no more than 2 days of non-quota hunting in the North Unit.
(vi) We restrict hunt participants for quota hunts to those drawn
for a quota permit (FWS Form 3-2439). The permits are nontransferable
and nonrefundable.
(vii) Hunters may only take feral hog incidental to deer season
dates identified in the refuge public use brochure.
(viii) We prohibit organized deer drives. We define a ``deer
drive'' as an organized or planned effort to pursue, drive, chase, or
otherwise frighten or cause deer to move in the direction of any
person(s) who is part of the organized or planned hunt and known to be
waiting for the deer.
(ix) We prohibit firearm deer hunting from or across roads, ATV
trails, levees, and maintained utility rights-of-way.
(x) You may only use portable deer stands and ground blinds. You
may erect stands or blinds up to 7 days before each hunt, but you must
remove them within 7 days after each hunt (see Sec. 27.93 of this
chapter). All unattended deer stands and blinds on the refuge must have
the owner's State hunting license number clearly displayed.
(xi) We close the Kansas Lake Area to all entry on December 1 and
reopen it on March 1.
(xii) We prohibit the possession of buckshot on the refuge.
(xiii) An adult age 21 or older possessing a valid hunting license
must accompany and be within sight and normal voice contact of hunters
age 15 and younger. One adult may supervise no more than one youth
hunter.
(xiv) The annual refuge public use brochure provides season dates
and methods for turkey hunting.
(4) Sport fishing. We allow sport fishing, frogging, and
crawfishing on designated areas of the refuge subject to the following
conditions:
(i) The conditions set forth at paragraphs (d)(1)(i) and (ix) of
this section apply.
(ii) We allow sport fishing in refuge-owned waters as follows:
(A) We allow fishing year-round in:
(1) Big Island Chute, LaGrue, Essex, Prairie, Scrubgrass, and
Brooks Bayous;
(2) Moon and Belknap Lakes next to Arkansas Highway 1;
(3) Indian Bay;
(4) Arkansas Post Canal and adjacent drainage ditches;
(5) Borrow ditches located adjacent to the west bank of that
portion of the White River Levee north of the Graham Burke pumping
station; and
(6) All waters in the refuge-owned North Unit and scattered tracts.
(B) We open all other South Unit refuge waters to sport fishing
from March 1 through November 30, unless posted otherwise.
(iii) We allow frogging on all refuge-owned waters open for sport
fishing as follows:
(A) We allow frogging on the South Unit from the beginning of the
State season through November 30.
(B) We allow frogging on the North Unit for the entire State
season.
(iv) We prohibit all commercial and recreational harvest of turtle
on all property administered by Dale Bumpers White River National
Wildlife Refuge (see Sec. 27.21 of this chapter).
(v) We prohibit take or possession of any freshwater mussel (see
Sec. 27.21 of this chapter), and we prohibit the shelling of mussels
on the refuge.
[[Page 48855]]
(vi) Boats (16 feet or less) displaying valid registration or
Arkansas Game and Fish Commission's license customer identification
number may be left on the refuge from March 1 through October 31.
(e) Felsenthal National Wildlife Refuge--(1) Migratory game bird
hunting. We allow hunting of American woodcock, duck, light and dark
goose, merganser, and coot on designated areas of the refuge subject to
the following conditions:
(i) Hunters and anglers must possess and carry a signed refuge
public use brochure while hunting or fishing.
(ii) Waterfowl hunters may enter the refuge beginning at 4 a.m. We
allow waterfowl hunting until 12 p.m. (noon).
(iii) Hunters must remove decoys, blinds, boats, and all other
equipment by 1 p.m. each day (see Sec. 27.93 of this chapter).
(iv) We close areas of the refuge posted with ``Area Closed'' signs
and identify them on the refuge public use brochure map as a waterfowl
sanctuary. We close waterfowl sanctuaries to all public entry and
public use from November 15 to February 15.
(v) We allow hunting of duck, light and dark goose, merganser, and
coot during the State waterfowl season except during scheduled refuge
quota gun deer hunts.
(vi) We allow American woodcock hunting during the State season
except during scheduled refuge quota hunts. Woodcock hunters may enter
the refuge beginning at 4 a.m. and must exit by 1 hour after legal
sunset.
(vii) All youth hunters age 15 and younger must remain within sight
and normal voice contact of an adult age 21 or older who possesses a
valid State hunting license. One adult may supervise no more than two
youth hunters.
(viii) We allow only all-terrain vehicles/utility-type vehicles
(ATVs/UTVs) for hunting and fishing activities according to regulations
provided in the refuge public use brochure.
(ix) You may use bikes, horses, and mules on roads and ATV/UTV
trails (when open to motor vehicle and ATV/UTV traffic, respectively)
as a mode of transportation for hunting and fishing activities on the
refuge except during the quota deer hunts.
(x) We prohibit hunting within 150 feet (45 meters) of roads,
pipelines, and trails open to motor vehicle use (including ATV/UTV
trails).
(xi) We allow the incidental take of beaver, nutria, and coyote
during any daytime refuge hunt with weapons and ammunition allowed for
that hunt. There is no bag limit.
(xii) We allow the use of dogs when hunting.
(2) Upland game hunting. We allow hunting of quail, squirrel,
rabbit, raccoon, and opossum (as governed by State law), and incidental
take of beaver, nutria, and coyote, on designated areas of the refuge
subject to the following conditions:
(i) The conditions set forth at paragraphs (e)(1)(i), (iv), and
(vii) through (xi) of this section apply.
(ii) We allow hunting for quail, squirrel, rabbit, raccoon, and
opossum on the refuge during State seasons through January 31. We close
upland game hunting during refuge quota gun deer hunts.
(iii) We do not open for the spring squirrel hunting season, or for
the summer/early fall raccoon hunting season.
(iv) We allow the use of dogs for squirrel and rabbit hunting from
December 1 through January 31, and for quail and raccoon/opossum
hunting during the open season on the refuge for these species.
(3) Big game hunting. We allow hunting of white-tailed deer and
turkey, and incidental take of feral hog, on designated areas of the
refuge subject to the following conditions:
(i) The conditions set forth at paragraphs (e)(1)(i), (iv), and
(viii) through (xi) of this section apply.
(ii) We allow archery deer hunting on the refuge from the opening
of the State season through January 31, except during refuge deer quota
hunts.
(iii) We allow muzzleloader and modern gun deer hunting during
designated times and seasons, within specified State seasons as listed
in the refuge public use brochure.
(iv) Total deer harvested refuge-wide is two deer (two does, or one
buck and one doe, as governed by State law) regardless of method. A doe
must be harvested before a buck.
(v) We prohibit buckshot for modern gun deer hunting.
(vi) You may only use portable deer stands erected no earlier than
the opening day of archery season, and you must remove them no later
than January 31 each year (see Sec. 27.93 of this chapter).
(vii) We prohibit the use of deer decoy(s).
(viii) Turkey hunting (Archery, Youth, and Quota) will be conducted
during designated times and seasons, within specified State seasons as
listed in the refuge public use brochure.
(ix) We restrict quota hunt participants to those selected for a
quota permit (FWS Form 3-2439), except that one nonhunting adult age 21
or older possessing a valid hunting license must accompany the youth
hunter age 15 and younger.
(x) An adult age 21 or older possessing a valid hunting license
must accompany and be within sight and normal voice contact of hunters
age 15 and younger. One adult may supervise no more than one youth
hunter.
(xi) We allow the use of one tree stand or ground blind, and one
game camera, on the refuge if the owner's State hunting license number
is clearly written on them in a conspicuous location.
(xii) We restrict hunt participants for quota hunts to those drawn
for a quota permit (FWS Form 3-2439). These permits are
nontransferable, and the permit fees are nonrefundable.
(xiii) The incidental taking of feral hogs will be governed by
Arkansas Game and Fish Commission regulations concerning the taking of
feral hogs on State Wildlife Management Areas (WMAs). Subject to State
regulations, we allow incidental take of feral hogs during daytime
refuge deer quota hunts (without the use of dogs) and during a
specified period during archery deer hunting with legal hunting
equipment and ammunition allowed for those hunts according to the
season dates provided in the refuge public use brochure. There is no
bag limit.
(4) Sport fishing. We allow sport fishing, frogging, and
crawfishing on designated areas of the refuge subject to the following
conditions:
(i) The conditions set forth at paragraphs (e)(1)(i), (iii), (iv),
(viii), and (ix) of this section apply.
(ii) We prohibit fishing in the waterfowl sanctuary area when the
sanctuary is closed, with the exception of the main channel of the
Ouachita and Saline Rivers and the borrow pits along Highway 82. We
post the waterfowl sanctuary area with ``Area Closed'' signs and
identify those areas in refuge hunt brochures.
(iii) During the refuge quota gun deer hunts, we allow fishing only
in areas accessible from the Ouachita and Saline Rivers and from Eagle,
Jones, and Pereogeethe Lakes.
(iv) You must move or remove trotlines when receding water levels
expose them.
(v) We allow frogging and crawfishing for personal use only during
designated times and seasons, within specified State seasons as listed
in the refuge public use brochure.
(vi) We prohibit the take or possession of turtles and/or mollusks
(see Sec. 27.21 of this chapter).
(f) Holla Bend National Wildlife Refuge. (1) [Reserved]
[[Page 48856]]
(2) Upland game hunting. We allow hunting of squirrel, rabbit,
quail, raccoon, opossum, beaver, muskrat, nutria, river otter, mink,
fox, striped skunk, coyote, and bobcat on designated areas of the
refuge subject to the following conditions:
(i) We require a signed refuge hunting permit (FWS Form 3-2439).
Anyone on the refuge in possession of hunting equipment must sign and
possess the permit (FWS Form 3-2439) at all times.
(ii) We allow squirrel, rabbit, raccoon, opossum, and quail hunting
according to season dates and bag limits provided in the annual refuge
public use brochure.
(iii) We only allow use of all-terrain vehicles (ATVs) by hunters
and anglers with mobility impairments, and the refuge manager must
authorize this use in writing.
(iv) Hunters and anglers may use boats in designated areas and at
times provided in the annual refuge public use brochure.
(v) All hunters age 11 and younger who possess valid hunter
education certification must remain within normal sight and voice
contact with an adult age 18 or older who possesses a valid State
hunting license. Hunters age 15 and younger who have not completed
hunter education must be under the direct supervision (within arm's
reach) of an adult age 21 or older who possesses a valid State hunting
license. One adult may supervise up to two youth hunters for upland
game hunting, but may supervise only one youth during big game hunting.
(vi) During the quota youth gun deer and turkey hunts, we close the
refuge to all other hunting and public entry.
(vii) We allow incidental take of beaver, muskrat, nutria, river
otter, mink, bobcat, fox, striped skunk, and coyote during any refuge
hunt with the weapons legal for that hunt, subject to applicable State
seasons and regulations.
(viii) Hunters and anglers may use bicycles and e-bikes only on
public use roads and designated trails not closed by a locked gate,
other barrier, or signage.
(ix) During the mentored youth squirrel and rabbit hunts, the
mentoring adult may supervise up to two hunting youths. Youth hunters
may only use shotguns, rifles and handguns chambered for rimfire
cartridges, air rifles, and archery tackle. We prohibit adults from
hunting during mentored hunts.
(x) Hunters must enter and exit the refuge from designated roads
and parking lots only.
(xi) We limit raccoon and opossum hunting to nighttime hunting
only.
(xii) Hunter and anglers may not leave motor vehicles, bicycles, e-
bikes, or boats unattended overnight on the refuge.
(xiii) We prohibit hunting from a vehicle.
(xiv) We prohibit the use of personal watercraft (e.g., jet skis),
airboats, and hovercraft for hunting and fishing on the refuge.
(3) Big game hunting. We allow hunting of deer, black bear, and
turkey on designated areas of the refuge subject to the following
conditions:
(i) The conditions set forth at paragraphs (f)(2)(i), (iii) through
(viii), (x), and (xii) through (xiv) of this section apply.
(ii) We allow archery/crossbow hunting for white-tailed deer and
turkey according to season dates and bag limits provided in the annual
refuge public use brochure.
(iii) Youth modern gun deer hunts will be conducted according to
season dates and bag limits provided in the refuge public use brochure.
(iv) We allow the take of black bear incidental to refuge archery
and modern gun deer hunts subject to applicable State seasons and
regulations.
(v) The refuge will conduct youth-only quota spring gun turkey
hunts according to season dates and bag limits provided in the refuge
public use brochure.
(vi) You may erect portable stands or blinds 7 days before the
start of the season, and you must remove them from the refuge within 7
days after the season ends (see Sec. 27.93 of this chapter).
(vii) We prohibit leaving any tree stand, blind, or game camera on
the refuge without the owner's Arkansas Game and Fish Commission
customer identification number clearly written on it in a conspicuous
location.
(viii) We prohibit organized drives. We define a ``drive'' as an
organized or planned effort to pursue, drive, chase, or otherwise
frighten or cause game to move in the direction of any person(s) who is
part of the organized or planned hunt and known to be waiting for the
game.
(ix) You must check all harvested turkey, bear, and deer at the
refuge check station.
(x) We prohibit the use of dogs for deer hunting.
(xi) Big game hunters may enter the refuge 1 hour before legal
sunrise and must exit by 1 hour after legal sunset.
(4) Sport fishing. We allow sport fishing, frogging, and
crawfishing on designated areas of the refuge subject to the following
conditions:
(i) The conditions set forth at paragraphs (f)(2)(iii), (iv), (vi),
(viii), (xii), and (xiv) of this section apply.
(ii) We allow fishing, frogging, and crawfishing on all waters only
from March 1 through October 31 from legal sunrise to legal sunset.
(iii) Anglers must remove boats from the refuge at the end of each
day's fishing activity (see Sec. 27.93 of this chapter).
(iv) We prohibit the take or possession of turtles and/or mollusks
(see Sec. 27.21 of this chapter).
(v) We allow frogging and crawfishing for personal use only. All
crawfish traps must have the owner's Arkansas Game and Fish Commission
license customer identification number permanently affixed.
(vi) We prohibit access to refuge waters and land from the Arkansas
River.
(vii) We limit trotlines, setline, limblines, yo-yo and free-
floating fishing devices to 20 per person; any line that extends into
the water must be cotton.
(viii) Trotlines, setlines, limblines, yo-yos, and free-floating
fishing devices must be clearly labelled with the angler's Arkansas
Game and Fish Commission license customer identification number, and
cannot be left overnight or unattended.
* * * * *
(i) Wapanocca National Wildlife Refuge. (1) [Reserved]
(2) Upland game hunting. We allow hunting of squirrel, rabbit,
raccoon, nutria, beaver, coyote, quail, muskrat, river otter, mink,
bobcat, fox, striped skunk, and opossum on designated areas of the
refuge subject to the following conditions:
(i) We require a signed refuge hunting permit (FWS Form 3-2439).
Anyone on the refuge in possession of hunting equipment must sign and
possess the permit (FWS Form 3-2439) at all times.
(ii) Hunters may enter the refuge at 4 a.m. and must leave the
refuge no later than 1 hour after legal sunset, except that we allow
hunting of raccoon and opossum at night on the refuge.
(iii) During the quota gun hunts, we close the refuge to all other
hunts and public entry.
(iv) We allow squirrel, rabbit, raccoon, opossum, and quail hunting
according to season dates and bag limits provided in the annual refuge
public use brochure.
(v) We allow the incidental take of nutria, beaver, muskrat, river
otter, mink, bobcat, fox, striped skunk, and coyote during any refuge
hunt with the weapons allowed for that hunt, subject
[[Page 48857]]
to applicable State seasons and regulations.
(vi) Hunters may use only shotguns, rifles and handguns chambered
for rimfire cartridges, air rifles, and archery tackle.
(vii) We prohibit hunting from mowed and/or gravel road rights-of-
way.
(viii) All hunters age 11 and younger who possess valid hunter
education certification must remain within normal sight and voice
contact with an adult age 18 or older who possesses a valid State
hunting license. Hunters age 15 and younger who have not completed
hunter education must be under the direct supervision (within arm's
reach) of an adult age 21 or older who possesses a valid State hunting
license. One adult may supervise up to two youth hunters for upland
game hunting, but may supervise only one youth during big game hunting.
(ix) From December 1 to February 28, we close all waterfowl
sanctuaries (including Wapanocca Lake) to all hunting and public entry.
(x) We prohibit the use of all-terrain vehicles (ATVs), except that
ATVs may be used by mobility-impaired hunters possessing written
authorization issued by the refuge manager.
(xi) Hunters and anglers may use motor vehicles, bicycles, and e-
bikes only on public use roads not closed by a locked gate, other
barrier, or signage.
(xii) Hunters and anglers must use the public boat ramp on Highway
77 to launch motorized boats into Wapanocca Lake.
(xiii) Hunters and anglers must operate boats at speeds of less
than 5 miles per hour between the Highway 77 boat launch and the open
lake.
(xiv) We prohibit the use of personal watercraft (e.g., jet skis),
airboats, and hovercraft for hunting and fishing on the refuge.
(xv) Hunter and anglers may not leave motor vehicles, bicycles, e-
bikes, or boats unattended overnight on the refuge.
(xvi) We prohibit hunting from a vehicle.
(xvii) The Round Pond and Pygmon Units in St. Francis County are
subject to all regulations for hunting and fishing for Wapanocca NWR.
(3) Big game hunting. We allow hunting of white-tailed deer and
turkey, and incidental take of feral hog, on designated areas of the
refuge subject to the following conditions:
(i) The conditions set forth at paragraphs (i)(2)(i) through (iii),
(v), and (vii) through (xvii) of this section apply.
(ii) During the quota gun deer hunts, we allow only hunters
possessing a valid quota gun deer hunting permit (FWS Form 3-2439) on
the refuge and only for the purposes of deer hunting and the incidental
take of allowable species.
(iii) You may erect portable stands or blinds 7 days prior to the
refuge deer season, and you must remove them from the waterfowl
sanctuaries by December 1 (see Sec. 27.93 of this chapter). You must
remove all stands and blinds on the remainder of the refuge within 7
days of the closure of archery season (see Sec. 27.93 of this
chapter).
(iv) We allow portable tree stands, blinds, and game cameras on the
refuge only if the owner's Arkansas Game and Fish Commission customer
identification number is clearly written on them in a conspicuous
location.
(v) We allow archery/crossbow, muzzleloader, and modern gun deer
hunting according to season dates and bag limits provided in the annual
refuge public use brochure.
(vi) Hunters may only use shotguns with slugs, muzzleloaders,
handguns with barrel lengths longer than 4 inches, large-bore air
rifles, and archery/crossbow tackle for modern gun deer hunting.
(vii) Hunters may only take feral hog incidental to modern gun and
muzzleloader deer hunts and during a specified period during archery
deer hunting according to season dates provided in the annual refuge
public use brochure.
(viii) The annual refuge public use brochure provides season dates
and bag limits for turkey hunting.
(ix) We prohibit the possession or use of lead shot or buckshot for
deer hunting. We allow lead shot for turkey hunting.
(x) We prohibit the use of dogs for deer hunting.
(4) Sport fishing. We allow sport fishing, frogging, and
crawfishing on designated areas of the refuge subject to the following
conditions:
(i) The conditions set forth at paragraphs (i)(2)(iii), (ix), (x)
through (xv), and (xvii), and (i)(3)(ii) of this section apply.
(ii) From March 1 through November 30, we allow fishing, frogging,
and crawfishing on all refuge waters. From December 1 through February
28, we allow bank fishing only on Woody Pond and other non-waterfowl
sanctuary areas.
(iii) Anglers, including those frogging and crawfishing, may enter
the refuge at 4 a.m. and must leave the refuge no later than 1 hour
after legal sunset.
(iv) We prohibit the take or possession of turtles and/or mollusks
(see Sec. 27.21 of this chapter).
(v) Anglers may launch boats only in designated areas.
(vi) We allow fishing, frogging, and crawfishing for personal use
only. All crawfish traps must have the owner's Arkansas Game and Fish
Commission license customer identification number permanently affixed.
(vii) We prohibit tournament fishing.
* * * * *
0
6. Amend Sec. 32.24 by:
0
a. In paragraph (e)(1)(ii), in the first sentence, removing the word
``A8N'' and adding in its place the word ``A8''; and
0
b. Revising paragraphs (e)(1)(vii) and (i)(1) introductory text to read
as follows:
Sec. 32.24 California.
* * * * *
(e) * * *
(1) * * *
(vii) You may not possess more than 25 shot shells while in the
field once you have left your assigned parking lot for Ponds AB1, A2E,
AB2, A3N, A3W, A5, A7, and A8, and the Ravenswood Unit.
* * * * *
(i) * * *
(1) Migratory game bird hunting. We allow hunting of goose, duck,
coot, snipe, and moorhen on designated areas of the refuge subject to
the following conditions:
* * * * *
0
7. Amend Sec. 32.27 by revising paragraphs (a)(1)(ii) and (b)(1)(ii)
to read as follows:
Sec. 32.27 Delaware.
* * * * *
(a) * * *
(1) * * *
(ii) You must complete and return a Harvest Report (FWS Form 3-
2542), available at the refuge administration office or on the refuge's
website, within 15 days of the close of the season.
* * * * *
(b) * * *
(1) * * *
(ii) You must complete and return a Harvest Report (FWS Form 3-
2542), available at the refuge administration office or on the refuge's
website, within 15 days of the close of the season.
* * * * *
0
8. Amend Sec. 32.28 by:
0
a. Revising paragraphs (e)(1) through (3);
0
b. Redesignating paragraphs (f) through (o) as paragraphs (g) through
(p);
0
c. Adding a new paragraph (f); and
0
d. Revising newly redesignated paragraphs (j)(2)(i), (j)(3)(i),
(j)(3)(vii), (k)(1)(x), (n)(3)(ii), (iv), and (viii).
[[Page 48858]]
The revisions and addition read as follows:
Sec. 32.28 Florida.
* * * * *
(e) * * * (1) Migratory game bird hunting. We allow hunting of
migratory game birds and the incidental take of nonnative wildlife as
defined by the State on designated areas of the refuge in accordance
with State regulations and applicable State Wildlife Management Area
regulations.
(2) Upland game hunting. We allow upland game hunting and the
incidental take of nonnative wildlife as defined by the State on
designated areas of the refuge in accordance with State regulations and
applicable State Wildlife Management Area regulations.
(3) Big game hunting. We allow big game hunting and the incidental
take of nonnative wildlife as defined by the State on designated areas
of the refuge in accordance with State regulations and applicable State
Wildlife Management Area regulations.
* * * * *
(f) Florida Panther National Wildlife Refuge. (1)-(2) [Reserved]
(3) Big game hunting. We allow hunting of turkey on designated
areas of the refuge subject to the following conditions:
(i) We require a valid Florida Panther National Wildlife Refuge Big
Game Quota Hunt Permit purchased through the Florida Fish and Wildlife
Conservation Commission. The quota hunt permit is a limited entry quota
permit, and is nontransferable.
(ii) You must have a valid signed Florida Panther NWR turkey hunt
brochure, which is free and non-transferrable.
(iii) Each Big Game Quota Hunt Permit is issued for the take of 1
bearded turkey. A family hunt/camp experience permit is issued for take
of 2 bearded turkeys.
(iv) We allow bows, crossbows, PCP air guns propelling a bolt or
arrow, and shotguns using #2 or smaller shot size.
(v) We require an adult, age 18 or older, to supervise hunters age
15 and younger. The adult must remain within sight and normal voice
contact of the youth hunter.
(vi) Hunters possessing a valid Big Game Quota Hunt Permit
purchased through the Florida Fish and Wildlife Conservation Commission
may access the refuge no earlier than 2 hours before legal sunrise and
must leave the refuge no later than legal sunset. Hunters possessing a
valid family hunt/camp experience permit may remain on the refuge
overnight.
(vii) We allow hunting from \1/2\ hour before legal sunrise until 1
p.m.
(viii) We allow only federally approved nontoxic shot (see Sec.
32.2(k)).
(ix) We only allow permitted hunters participating in the limited
entry quota hunt to operate off-road vehicles (swamp buggies, all-
terrain/utility-type vehicles) on designated roads, trails, and
firebreaks.
(x) We allow hunters with permits to scout 7 days prior to the
individual's permitted hunt.
(4) Sport fishing. We allow fishing on designated areas of the
refuge subject to the following conditions:
(i) We allow fishing from legal sunrise to legal sunset.
(ii) We only allow hook and line. We prohibit snatch hooks, cast
nets, seines, trotlines, jugs, and yo-yos.
* * * * *
(j) * * *
(2) * * *
(i) The conditions set forth at paragraphs (j)(1)(i) through (viii)
of this section apply.
* * * * *
(3) * * *
(i) The conditions set forth at paragraphs (j)(1)(i) through (viii)
of this section apply.
* * * * *
(vii) Hunters must fill out a Harvest Report (FWS Form 3-2542) and
check all game harvested during all deer and hog hunts.
* * * * *
(k) * * *
(1) * * *
(x) You must stop at a posted refuge waterfowl check station and
report statistical hunt information on the Harvest Report (FWS Form 3-
2542) to refuge personnel.
* * * * *
(n) * * *
(3) * * *
(ii) The conditions set forth at paragraphs (n)(2)(ii) and (iv)
through (vii) of this section apply.
* * * * *
(iv) There is a two deer limit per hunt, as specified at paragraph
(n)(3)(vi) of this section, except during the youth hunt, when the
limit is as specified at paragraph (n)(3)(vii) of this section. The
limit for turkey is one per hunt.
* * * * *
(viii) Mobility-impaired hunters may have an assistant accompany
them. You may transfer permits (State-issued permit) issued to the
hunter to assistants. We limit those hunt teams to harvesting white-
tailed deer and feral hog within the limits provided at paragraph
(n)(3)(vi) of this section.
* * * * *
0
9. Amend Sec. 32.29 by revising paragraph (e)(3) to read as follows:
Sec. 32.29 Georgia.
* * * * *
(e) * * *
(3) Big game hunting. We allow hunting of white-tailed deer and
turkey, and the incidental take of coyote, armadillo, and feral hog, on
designated areas of the refuge subject to the following conditions:
(i) We require a signed refuge hunt permit (FWS Form 3-2439) for
all hunters age 16 and older. Hunters must sign the permit and carry it
with them at all times when hunting.
(ii) Each hunter may place one stand on the refuge during the week
preceding each hunt, but must remove the stand by the end of each hunt
(see Sec. 27.93 of this chapter).
(iii) We prohibit hunting within 100 yards (91 meters) of Harris
Neck Road, the refuge entrance drive, Visitor Contact Station/Office,
Barbour River Landing, Barbour River Road, or Gould's Cemetery.
(iv) We require hunters to check-in and check-out each hunt day. We
require personal identification to check-in and check-out.
(v) We require hunters to check all harvested game at the check
station before leaving the refuge each day.
(vi) Hunters may take five deer (no more than two antlered), and we
will issue State bonus tags for two of these.
(vii) During the gun hunt, we allow only shotguns (20 gauge or
larger), muzzleloaders, bows, air rifles (.30 caliber or larger), and
air bows, as governed by State regulations. We prohibit the use of
centerfire rifles.
(viii) We allow the incidental take of armadillo, feral hog, and
coyote during any refuge hunt with the weapons legal for that hunt,
subject to applicable State seasons and regulations. There is no bag
limit for these species.
(ix) The turkey hunt is a youth-only, archery hunt limited to 2
days per year. To participate in the turkey hunt, youth must complete
an application (FWS Form 3-2439), submit the completed application to
the refuge, and be selected by lottery. Each youth hunter selected by
lottery to participate in the turkey hunt must possess a free signed
refuge hunt brochure while hunting.
* * * * *
0
10. Amend Sec. 32.31 by:
0
a. Revising paragraphs (b)(1) and (2);
0
b. Adding paragraph (b)(3); and
0
c. Revising paragraph (e)(4).
The revisions and addition read as follows:
Sec. 32.31 Idaho.
* * * * *
[[Page 48859]]
(b) * * * (1) Migratory game bird hunting. We allow hunting of
duck, goose, coot, snipe, and dove on designated areas of the refuge
subject to the following conditions:
(i) We allow hunters to access the refuge 1 hour before legal
shooting time.
(ii) You may only use portable blinds or construct temporary blinds
of natural vegetation. Blinds will be available for general use on a
first-come, first-served basis. You must remove portable blinds,
decoys, and other personal property at the end of each day's hunt (see
Sec. 27.93 of this chapter).
(iii) We allow the use of dogs when hunting.
(iv) You may take Eurasian collared-doves only during the State
seasons for migratory birds and upland game birds.
(2) Upland game hunting. We allow hunting of pheasant, grouse, and
partridge on designated areas of the refuge subject to the following
conditions:
(i) The condition set forth at paragraph (b)(1)(iii) of this
section applies.
(ii) We allow hunters to access the refuge \1/2\ hour before legal
shooting time.
(iii) Hunters must wear a minimum of 36 square inches (232.3 square
centimeters) of blaze orange, and a blaze orange head covering.
(3) Big game hunting. We allow hunting of elk on designated areas
of the refuge subject to the following conditions:
(i) The conditions set forth at paragraphs (b)(2)(ii) and (iii) of
this section apply.
(ii) You must carry a signed copy of the refuge hunting regulations
and hunt map (signed brochure) in the field while hunting.
* * * * *
(e) * * *
(4) Sport fishing. We allow sport fishing on designated areas of
the refuge subject to the following conditions:
(i) We allow bank fishing only.
(ii) We prohibit launching boats from, and landing boats on, the
banks of Deep Creek.
* * * * *
0
11. Amend Sec. 32.32 by:
0
a. Revising paragraph (b)(4);
0
b. Removing paragraph (c)(1)(ii);
0
c. Redesignating paragraph (c)(1)(iii) as paragraph (c)(1)(ii);
0
d. Revising paragraph (c)(2)(i);
0
e. Removing paragraphs (c)(4)(i), (v), and (vi);
0
f. Redesignating paragraphs (c)(4)(ii) through (iv) as paragraphs
(c)(4)(i) through (iii); and
0
g. Revising paragraphs (f)(1) through (3), (g)(2)(ii), (g)(3),
(k)(2)(v), and (k)(3)(i).
The revisions read as follows:
Sec. 32.32 Illinois.
* * * * *
(b) * * *
(4) Sport fishing. We allow sport fishing on designated areas of
the refuge subject to the following conditions:
(i) On Crab Orchard Lake west of Wolf Creek Road:
(A) Anglers may fish from boats all year.
(B) Anglers must remove all trotlines/jugs from legal sunrise until
legal sunset from the Friday immediately prior to Memorial Day through
Labor Day.
(ii) On Crab Orchard Lake east of Wolf Creek Road:
(A) Anglers may fish from boats March 1 through October 15.
(B) Anglers may fish all year at the Wolf Creek and Route 148
causeways.
(iii) On A-41 and Bluegill Ponds:
(A) Anglers may fish only from legal sunrise to legal sunset from
March 1 through October 15.
(B) We prohibit anglers from using gas-powered boats.
(iv) On Managers, Honkers, and Visitors Ponds:
(A) Anglers may fish all year from legal sunrise to legal sunset.
(B) We prohibit anglers from using gas-powered boats.
(v) Trotlines/jugs:
(A) We prohibit the use of trotlines/jugs on all refuge waters
outside of Crab Orchard Lake.
(B) We prohibit the use of trotlines/jugs with any flotation device
that has previously contained any petroleum-based material or toxic
substances.
(C) Anglers must attach a buoyed device that is visible on the
water's surface to all trotlines.
(vi) Anglers may use all legal noncommercial fishing methods,
except they may not use any underwater breathing apparatus.
(vii) Anglers may not submerge any poles or similar objects to take
or locate any fish.
(viii) Organizers of all fishing events must possess a Special Use
Permit (FWS Form 3-1383-G or FWS Form 3-1383-C).
(ix) We prohibit anglers from fishing within 250 yards (228 meters)
of an occupied waterfowl hunting blind.
(x) Specific creel and size limits apply on various refuge waters
as listed in the Crab Orchard fishing brochure and the annual Illinois
fishing digest.
(c) * * *
(2) * * *
(i) The conditions set forth at paragraphs (c)(1)(i) and (ii) of
this section apply.
* * * * *
(f) * * * (1) Migratory game bird hunting. We allow hunting of
migratory game birds on designated areas of the refuge subject to the
following conditions:
(i) You must remove personal belongings, including, but not limited
to, all boats, decoys, blinds, blind materials, stands, and platforms
brought onto the refuge at the end of each day's hunt (see Sec. Sec.
27.93 and 27.94 of this chapter).
(ii) Hunters may enter the refuge no earlier than \1/2\ hour before
legal shooting hours and must exit the refuge no later than \1/2\ hour
after legal shooting hours.
(2) Upland game hunting. We allow upland game and turkey hunting on
designated areas of the refuge subject to the following conditions:
(i) The conditions set forth at paragraphs (f)(1)(i) and (ii) of
this section apply.
(ii) For hunting, you may use or possess only approved nontoxic
shot shells while in the field, including shot shells used for hunting
wild turkey (see Sec. 32.2(k)).
(3) Big game hunting. We allow big game hunting on designated areas
of the refuge subject to the following conditions:
(i) The conditions set forth at paragraphs (f)(1)(i) and (ii) of
this section apply.
(ii) We prohibit organized deer drives. We define a ``deer drive''
as an organized or planned effort to pursue, drive, chase, or otherwise
frighten or cause deer to move in the direction of any person(s) who is
part of the organized or planned hunt and known to be waiting for the
deer.
* * * * *
(g) * * *
(2) * * *
(ii) You must remove personal belongings, including, but not
limited to, all boats, decoys, blinds, blind materials, stands,
platforms, and other hunting equipment brought onto the refuge at the
end of each day's hunt (see Sec. Sec. 27.93 and 27.94 of this
chapter).
(3) Big game hunting. We allow hunting of white-tailed deer on
designated areas of the refuge subject to the following conditions:
(i) The condition set forth at paragraph (g)(2)(ii) of this section
applies.
(ii) We prohibit organized deer drives. We define a ``deer drive''
as an organized or planned effort to pursue,
[[Page 48860]]
drive, chase, or otherwise frighten or cause deer to move in the
direction of any person(s) who is part of the organized or planned hunt
and known to be waiting for the deer.
* * * * *
(k) * * *
(2) * * *
(v) Hunters may only hunt from \1/2\ hour before legal sunrise to
no later than \1/2\ hour after legal sunset, and they must follow all
State requirements for legal hunting hours.
(3) * * *
(i) The conditions set forth at paragraphs (k)(1)(i) and (k)(2)(v)
of this section apply.
* * * * *
0
12. Amend Sec. 32.37 by revising paragraphs (c), (d), (e), (g),
(i)(1)(iv), (i)(3)(iii), (j), (m), (o)(1)(iv), (o)(3)(v), (q), (r),
(s)(1)(iv), (t), and (u) to read as follows:
Sec. 32.37 Louisiana.
* * * * *
(c) Bayou Sauvage National Wildlife Refuge--(1) Migratory game bird
hunting. We allow hunting of duck, merganser, teal, light and dark
goose, coot, gallinule, rail, snipe, and dove on designated areas of
the refuge subject to the following conditions:
(i) Hunters and anglers must possess and carry a valid, signed
refuge hunting and fishing brochure.
(ii) We only allow youth to hunt migratory game birds.
(iii) All youth hunters age 15 and younger must be supervised by an
adult during hunts. The youth must be capable of and must actively
participate in the hunt by possessing and/or firing a legal weapon
during the hunt for the express purpose of harvesting game.
(iv) One adult may supervise up to two youths during upland game
hunts and migratory bird hunts, but may supervise only one youth during
big game hunts. The supervising adult must maintain visual and voice
contact with the youth at all times.
(v) Adults accompanying youth on any refuge hunts may participate
by hunting (except during the State youth-only seasons), but are not
allowed to harvest more than their own daily bag limit (see Sec. 20.24
of this chapter). Youth must harvest their own bag limits.
(vi) We allow migratory bird hunting on Wednesdays, Thursdays,
Saturdays, and Sundays from \1/2\ hour before legal sunrise until 2
p.m.
(vii) We open the refuge to goose youth hunting during any segment
of goose season that extends beyond the regular duck season.
(viii) Migratory bird hunters may not enter the refuge prior to 4
a.m. on the day of the hunt and must remove all portable blinds and
decoys (see Sec. 27.93 of this chapter) no later than 2 p.m.
(ix) We prohibit hunting within 500 feet (152 meters (m)) of any
residence or structure adjacent to the refuge, and we prohibit hunting
within 200 feet (61 m) of any road, railroad, levee, water control
structure, designated public use trail, designated parking area, or
other designated public use facility.
(x) We prohibit mud boats or air cooled propulsion vessels,
including ``surface-drive'' boats, except when traversing through the
Intracoastal Waterway and the Irish Bayou Straight Canal only.
(xi) We only allow the incidental take of nutria with approved shot
and weapons during any open youth waterfowl season on the refuge.
(xii) We allow the incidental take of coyote, raccoon, feral hog,
armadillo, and opossum with approved shot and weapons allowed during
any open season on the refuge.
(xiii) We allow only the use of reflective tacks as marking
devices.
(2) Upland game hunting. We allow hunting of rabbit, and the
incidental take of nutria, coyote, raccoon, armadillo, and opossum, on
designated areas of the refuge subject to the following conditions:
(i) We only allow youth hunting of upland game.
(ii) When hunting, you must possess only shot size 4 or smaller or
0.22 caliber rimfire rifles or smaller. We allow the use of air rifles.
(iii) When hunting rabbit, we allow the use of dogs only after the
close of the State archery deer season.
(iv) The conditions set forth at paragraphs (c)(1)(i), (iii)
through (v), and (ix) through (xiii) of this section apply.
(3) Big game hunting. We only allow youth hunting of white-tailed
deer, and the incidental take of feral hog, on designated areas of the
refuge subject to the following conditions:
(i) We are open to youth hunting only during the State deer archery
season.
(ii) We prohibit organized deer drives. We define a ``deer drive''
as an organized or planned effort to pursue, drive, chase, or otherwise
frighten or cause deer to move in the direction of any person(s) who is
part of the organized or planned hunt and known to be waiting for the
deer.
(iii) We allow placement of temporary deer stands no earlier than
48 hours prior to the start of deer archery season. Hunters must remove
all deer stands within 48 hours after the archery deer season closes
(see Sec. 27.93 of this chapter).
(iv) We allow only one deer stand per hunter on the refuge. Deer
stands must have the owner's State license/sportsmen's identification
number clearly printed on the stand.
(v) We prohibit the use of deer decoys.
(vi) The conditions set forth at paragraphs (c)(1)(i), (iii)
through (v), and (ix) through (xiii) of this section apply.
(4) Sport fishing. We allow recreational finfishing and
shellfishing on designated areas of the refuge subject to the following
conditions:
(i) We allow daytime sport finfishing and shellfishing year-round
on designated areas of the refuge. On portions of the refuge outside of
the Hurricane Protection Levee, we allow daytime sport finfishing and
shellfishing from November 1 through January 31 and during the State
teal season, but only after 2 p.m.
(ii) We only allow sport finfishing with hand-held rod and reel or
hand-held rod and line.
(iii) You may take bait shrimp with cast nets only.
(iv) You may take crawfish (up to 100 pounds (45 kilograms) per
person, per day) with crawfish or dip nets only.
(v) We allow only recreational crabbing.
(vi) You must attend all fishing, crabbing, and crawfishing
equipment at all times.
(vii) We prohibit the use of trotlines, limblines, slat traps, gar
sets, nets, and alligator lines on the refuge.
(viii) The conditions set forth at paragraphs (c)(1)(i), (x), and
(xiii) of this section apply.
(d) Bayou Teche National Wildlife Refuge--(1) Migratory game bird
hunting. We allow hunting of duck, merganser, teal, light and dark
goose, coot, gallinule, rail, snipe, dove, and woodcock on designated
areas of the refuge subject to the following conditions:
(i) Each person age 18 and older must possess and carry a valid,
signed refuge user brochure while on the refuge.
(ii) We prohibit hunting or discharge of firearms (see Sec. 27.42
of this chapter) within 500 feet (152 meters (m)) of any residence or
oil and gas infrastructure, or within 200 feet (61 m) of any road,
railroad, levee, water control structure, designated public use trail,
designated parking area, or other designated public use facility.
(iii) All youth hunters age 15 and younger must be supervised by an
adult during all hunts. One adult may supervise up to two youths during
small game and migratory game bird hunts, but may supervise only one
youth during big game hunts. The supervising
[[Page 48861]]
adult must maintain visual and voice contact with the youth at all
times. Adult guardians are responsible for ensuring that youth hunters
do not violate refuge rules.
(iv) We require waterfowl and gallinule hunters to remove all
portable blinds and decoys from the refuge by 2 p.m. each day (see
Sec. Sec. 27.93 and 27.94 of this chapter).
(v) Migratory bird hunters are only allowed to enter the refuge
after 4 a.m.
(vi) We allow waterfowl hunting daily until 2 p.m. during the State
regular season, State teal season, and State youth and veteran
waterfowl seasons. We allow gallinule, snipe, and rail hunting until 2
p.m.
(vii) When hunting migratory game birds, you may only use dogs to
locate, point, and retrieve game.
(viii) We allow only the use of reflective tacks as marking
devices.
(ix) We only allow the incidental take of nutria with approved shot
and weapons during any open waterfowl season on the refuge.
(x) We allow the incidental take of raccoon, feral hog, armadillo,
opossum, and coyote with approved shot and weapons during any open
season on the refuge.
(2) Upland game hunting. We allow hunting of squirrel and rabbit,
and the incidental take of nutria, coyote, raccoon, armadillo, and
opossum, on designated areas of the refuge subject to the following
conditions:
(i) We only allow hunting from the start of the State squirrel and
rabbit seasons until the last day of State waterfowl season for the
State Waterfowl Zone in which you are hunting.
(ii) We prohibit upland game hunting on days corresponding with
refuge deer gun hunts.
(iii) Hunters must leave the refuge no later than 2 hours after
legal sunset.
(iv) When hunting, you must possess only shot size 4 or smaller or
0.22 caliber rimfire rifles or smaller. We allow the use of air rifles.
(v) The conditions set forth at paragraphs (d)(1)(i) through (iii)
and (viii) through (x) of this section apply.
(3) Big game hunting. We allow the hunting of white-tailed deer,
and the incidental take of feral hog, on designated areas of the refuge
subject to the following conditions:
(i) We allow hunting of deer only with firearms (see Sec. 27.42 of
this chapter) during 5 specific days during October and November. A
youth gun hunt will occur during the last weekend of October. The
general gun hunt will occur during the final full weekend in November.
The youth gun hunt includes both Saturday and Sunday. The general gun
hunt includes the Friday immediately before the weekend.
(ii) We allow archery deer hunting according to the State of
Louisiana archery season. We close refuge archery hunting during refuge
deer gun hunts.
(iii) We allow each hunter to possess only one deer per day; the
deer may be a buck or a doe.
(iv) Hunters may use only portable deer stands. Hunters may erect
deer stands no earlier than 48 hours before the deer archery season and
must remove them from the refuge within 48 hours after the season
closes (see Sec. 27.93 of this chapter). Hunters may place only one
deer stand on the refuge. Deer stands must have the owner's State
hunting license/sportsman's identification number clearly printed on
the stand.
(v) The conditions set forth at paragraphs (d)(1)(i) through (iii),
(viii), and (x), and (d)(2)(iii) of this section apply.
(vi) We prohibit the use of deer decoys.
(vii) We prohibit organized deer drives. We define a ``deer drive''
as an organized or planned effort to pursue, drive, chase, or otherwise
frighten or cause deer to move in the direction of any person(s) who is
part of the organized or planned hunt and known to be waiting for the
deer.
(viii) Deer hunters must display State Wildlife Management Area
(WMA) hunter-orange or blaze-pink (as governed by State WMA
regulations).
(4) Sport fishing. We allow sport fishing in all refuge waters
subject to the following conditions:
(i) We prohibit the use of unattended nets, traps, or lines (trot,
jug, bush, etc.).
(ii) The condition set forth at paragraph (d)(1)(i) of this section
applies.
(iii) The refuge is only open to recreational finfishing and
shellfishing from legal sunrise to legal sunset.
(e) Big Branch Marsh National Wildlife Refuge--(1) Migratory game
bird hunting. We allow hunting of duck, merganser, teal, coot, light
and dark goose, snipe, rail, gallinule, dove, and woodcock on
designated areas of the refuge subject to the following conditions:
(i) Each person age 18 and older must possess and carry a valid,
signed refuge user brochure while on the refuge.
(ii) We allow waterfowl, snipe, rail, gallinule, dove, and goose
hunting on Wednesdays, Thursdays, Saturdays, and Sundays from \1/2\
hour before legal sunrise until 2 p.m., including waterfowl hunting
during the State teal season and State youth and veterans waterfowl
seasons. We only allow hunting of woodcock until 2 p.m.
(iii) We allow light goose hunting for that part of the season that
extends beyond the regular duck season from \1/2\ hour before legal
sunrise until 2 p.m.
(iv) We allow only temporary blinds, and hunters must remove blinds
and decoys by 2 p.m. each day (see Sec. 27.93 of this chapter).
(v) All youth hunters age 15 and younger must be supervised by an
adult during all hunts. One adult may supervise up to two youths during
small game hunts and migratory bird hunts, but may supervise only one
youth during big game hunts. The supervising adult must maintain visual
and voice contact with the youth at all times. Adult guardians are
responsible for ensuring that youth hunters do not violate refuge
rules.
(vi) We prohibit hunting or discharge of firearms (see Sec. 27.42
of this chapter) within 500 feet (152 meters (m)) of any residence
adjacent to the refuge or oil and gas infrastructure on the refuge, or
within 200 feet (61 m) from the center of any road, railroad, levee,
water control structure, designated public use maintained trail,
designated parking area, or other designated public use facility.
(vii) We allow migratory bird hunters to enter the refuge no
earlier than 4 a.m., and all hunters must exit the refuge no later than
2 hours after legal sunset.
(viii) We allow only reflective tacks as trail markers on the
refuge.
(ix) We allow the incidental take of raccoon, feral hog, armadillo,
opossum, and coyote with approved shot and weapons allowed during any
open season on the refuge.
(x) We only allow the incidental take of nutria with approved shot
and weapons during any open waterfowl (duck, teal, merganser, light and
dark goose, and coot) season on the refuge.
(2) Upland game hunting. We allow hunting of squirrel, rabbit, and
quail, and the incidental take of nutria, coyote, raccoon, armadillo,
and opossum, on designated areas of the refuge subject to the following
conditions:
(i) When hunting, you must possess only shot size 4 or smaller, or
0.22 caliber rim-fire rifles or smaller. We allow the use of air
rifles.
(ii) When hunting squirrel and rabbit, and for the incidental take
of raccoon, we allow the use of dogs only after the close of the State
archery deer season. When hunting quail, you may only use dogs to
locate, point, and retrieve.
(iii) The conditions set forth at paragraphs (e)(1)(i), (v), (vi),
and (viii) through (x) of this section apply.
[[Page 48862]]
(iv) During the dog season for squirrel and rabbit, all hunters,
including archers (while on the ground), except waterfowl hunters, must
wear a minimum of a cap or hat that is hunter orange, blaze pink, or
other such color as governed by State regulations.
(v) We only allow hunting of quail until 2 p.m.
(3) Big game hunting. We allow hunting of white-tailed deer, and
the incidental take of feral hog, on designated areas of the refuge
subject to the following conditions:
(i) We are open only during the State season for archery hunting of
deer.
(ii) We prohibit organized deer drives. We define a ``deer drive''
as an organized or planned effort to pursue, drive, chase, or otherwise
frighten or cause deer to move in the direction of any person(s) who is
part of the organized or planned hunt and known to be waiting for the
deer.
(iii) We allow placement of temporary deer stands no earlier than
48 hours prior to the start of deer archery season. Hunters must remove
all deer stands within 48 hours after the archery deer season closes
(see Sec. 27.93 of this chapter). We allow only one deer stand per
hunter on the refuge. Deer stands must have the owner's State license/
sportsmen's identification number clearly printed on the stand. We
prohibit hunting stands on trees painted with white bands.
(iv) The conditions set forth at paragraphs (e)(1)(i), (v), (vi),
and (viii) through (x) of this section apply.
(v) We prohibit the use of deer decoys.
(4) Sport fishing. We allow recreational finfishing and
shellfishing on designated areas of the refuge subject to the following
conditions:
(i) You may only fish from legal sunrise until legal sunset, except
we allow night fishing from the bank and pier on Lake Road.
(ii) You must only use rod and reel or pole and line while
finfishing.
(iii) You must attend to any fishing, crabbing, and crawfishing
equipment at all times.
(iv) The condition set forth at paragraph (e)(1)(i) of this section
applies.
* * * * *
(g) Bogue Chitto National Wildlife Refuge--(1) Migratory game bird
hunting. We allow hunting of duck, merganser, teal, light and dark
goose, coot, gallinule, rail, snipe, dove, and woodcock on designated
areas of the refuge subject to the following conditions:
(i) Each person age 18 and older must possess and carry a valid,
signed refuge user brochure while on the refuge.
(ii) We only allow hunting of duck, merganser, teal, light and dark
goose, and gallinule from \1/2\ hour before legal sunrise until 2 p.m.
of the State seasons, including during the State teal season, State
youth waterfowl season, State veterans season, and special light goose
conservation season.
(iii) You must remove blinds and decoys by 2 p.m. each day (see
Sec. 27.93 of this chapter).
(iv) When hunting migratory game birds, you may only use dogs to
locate, point, and retrieve game.
(v) All youth hunters age 15 and younger must be supervised by an
adult during all hunts. One adult may supervise up to two youths during
upland game hunts and migratory bird hunts, but may supervise only one
youth during big game hunts. The supervising adult must maintain visual
and voice contact with the youth at all times. Adult guardians are
responsible for ensuring that youth hunters do not violate refuge
rules.
(vi) We prohibit hunting or discharge of firearms (see Sec. 27.42
of this chapter) within 500 feet (152 meters (m)) of any residence or
oil and gas infrastructure, or within 200 feet (61 m) of any road,
railroad, levee, water control structure, designated public use trail,
building, designated camping area, designated parking area, or other
designated public facility.
(vii) For the purpose of hunting, we prohibit possession of slugs,
buckshot, and rifle and pistol ammunition, except during the deer gun
and primitive firearm seasons (see Sec. 32.2(k)).
(viii) You may use only reflective tacks as trail markers on the
refuge.
(ix) We allow the incidental take of feral hog, raccoon, armadillo,
opossum, and coyote with approved shot and weapons allowed during any
open season on the refuge.
(x) We only allow incidental take of nutria with approved shot and
weapons during any open waterfowl season on the refuge.
(2) Upland game hunting. We allow hunting of squirrel, rabbit, and
quail, and the incidental take of nutria, coyote, raccoon, armadillo,
and opossum, on designated areas of the refuge subject to the following
conditions:
(i) We allow the use of dogs for rabbit and squirrel hunting, and
the incidental take of raccoon, on specific dates listed in the refuge
hunt brochure.
(ii) During any open deer firearm or primitive firearm season on
the refuge, all hunters, except waterfowl hunters, must wear hunter
orange, blaze pink, or other such color as governed by State
regulations.
(iii) The conditions set forth at paragraphs (g)(1)(i) and (v)
through (x) of this section apply.
(iv) You may use .22-caliber rifles or smaller while hunting upland
game and ammunition must be size 4 or smaller (see Sec. 32.2(k)).
(v) We will close the refuge to hunting (except waterfowl) and
camping when the Pearl River reaches 15.5 feet (4.72 meters) on the
Pearl River Gauge at Pearl River, Louisiana.
(vi) During the dog season for squirrels, rabbits, and incidental
take of raccoon, all hunters, including archery hunters (while on the
ground), except waterfowl hunters, must wear a cap or hat that is
hunter-orange, blaze pink, or other such color as governed by State
regulations.
(vii) We prohibit upland game hunting on days corresponding with
refuge deer gun and primitive firearm hunts.
(viii) We only allow quail hunting until 2 p.m.
(3) Big game hunting. We allow hunting of white-tailed deer,
turkey, and feral hog, and the incidental take of feral hog, on
designated areas of the refuge subject to the following conditions:
(i) The conditions set forth at paragraphs (g)(1)(i) and (v)
through (x), and (g)(2)(ii), (v), and (vi) of this section apply.
(ii) Hunters may erect deer stands no earlier than 48 hours before
the deer archery season opens and must remove them from the refuge
within 48 hours after this season closes (see Sec. 27.93 of this
chapter). We allow only one deer stand per hunter on the refuge. Deer
stands must have the owner's State license/sportsmen's identification
number clearly printed on the stand.
(iii) Deer hunters hunting from concealed blinds must display State
Wildlife Management Area (WMA) hunter-orange or blaze-pink (as governed
by State WMA regulations) above or around their blinds that is visible
from 360 degrees.
(iv) We hold a special dog hog hunt in February. During this hunt,
the following conditions apply, in addition to the other conditions set
forth in this paragraph (g)(3):
(A) You must use trained hog-hunting dogs to aid in the take of
hog.
(B) We allow take of hog from \1/2\ hour before legal sunrise until
\1/2\ hour after legal sunset.
(C) You must possess only approved nontoxic shot, or pistol or
rifle ammunition not larger than .22 caliber rim-fire, to take the hog
after it has been caught by dogs.
[[Page 48863]]
(v) You must kill all hogs prior to removal from the refuge.
(vi) We prohibit the use of deer and turkey gobbler decoys.
(vii) We prohibit using shot larger than BB-lead, or T-steel, while
hunting during turkey season.
(viii) We describe the dates for turkey hunts and deer general gun
hunts, youth hunts, and veterans hunts in the refuge user brochure.
(4) Sport fishing. We allow only recreational fishing year-round on
designated areas of the refuge subject to the following conditions:
(i) We only allow cotton limb lines.
(ii) 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.
(iii) When the Pearl River Turnaround area is open, we allow boats
that do not have gasoline-powered engines attached in the fishing ponds
at the Pearl River Turnaround. Anglers must hand-launch these boats
into the ponds. When the fishing ponds at the Pearl River Turnaround
are open, hook and line is the only legal method of take in those
ponds.
(iv) The Pearl River Turnaround area, when open to fishing, is open
\1/2\ hour before legal sunrise to \1/2\ hour after legal sunset.
(v) The conditions set forth at paragraphs (g)(1)(i) and (viii),
and (g)(2)(v) of this section apply.
* * * * *
(i) * * *
(1) * * *
(iv) Every hunter must complete and turn in a Harvest Report (FWS
Form 3-2542) available from a self-clearing check station after each
hunt.
* * * * *
(3) * * *
(iii) Each hunter must complete and turn in a Harvest Report (FWS
Form 3-2542) available from a self-clearing check station after each
hunt.
* * * * *
(j) Cat Island National Wildlife Refuge--(1) Migratory game bird
hunting. We allow hunting of duck, merganser, teal, light and dark
goose, coot, snipe, rail, gallinule, dove, and woodcock on designated
areas of the refuge subject to the following conditions:
(i) Each person age 18 and older must possess and carry a valid,
signed refuge user brochure while on the refuge.
(ii) We allow migratory bird hunters to enter the refuge no earlier
than 4 a.m., and all hunters must exit the refuge within 2 hours after
legal sunset.
(iii) We allow the incidental take of beaver, feral hog, raccoon,
armadillo, opossum, and coyote with approved shot and weapons allowed
during any open season on the refuge.
(iv) We allow all-terrain vehicles (ATVs) and utility-type vehicle
(UTVs) as governed by State Wildlife Management Area regulations and
size specifications on designated trails (see Sec. 27.31 of this
chapter) from the third Saturday in September until February 28.
(v) We prohibit hunting within 500 feet (152 meters (m)) of any
residence or oil and gas infrastructure, or within 200 feet (61 m) of
any road, railroad, levee, water control structure, designated public
use trail, building, designated parking area, or designated public use
facility.
(vi) All youth hunters age 15 and younger must be supervised by an
adult during hunts. One adult may supervise up to two youths during
small game hunts and migratory bird hunts, but may supervise only one
youth during big game hunts. The supervising adult must maintain visual
and voice contact with the youth at all times. Adult guardians are
responsible for ensuring that youth hunters do not violate refuge
rules.
(vii) We allow waterfowl (duck, merganser, teal, light and dark
goose, and coot) and gallinule hunting daily during the State regular
season, including waterfowl hunting during the State teal season and
State youth and veteran waterfowl seasons, from \1/2\ hour before legal
sunrise until 2 p.m.
(viii) You must remove harvested waterfowl, temporary blinds, and
decoys used for duck hunting by 2 p.m. each day (see Sec. 27.93 of
this chapter).
(ix) When hunting migratory game birds, you may only use dogs to
locate, point, and retrieve.
(x) We prohibit accessing refuge property by boat from the
Mississippi River.
(xi) We allow only the use of reflective tacks as marking devices.
(xii) We only allow the incidental take of nutria with approved
shot and weapons during any open waterfowl season on the refuge.
(2) Upland game hunting. We allow hunting of squirrel and rabbit,
and the incidental take of nutria, beaver, coyote, raccoon, armadillo,
and opossum, on designated areas of the refuge subject to the following
conditions:
(i) The conditions set forth at paragraphs (j)(1)(i) through (vi)
and (x) through (xii) of this section apply.
(ii) While upland game hunting, we prohibit the possession of
hunting firearms larger than 0.22 caliber rimfire, shotgun slugs, and
buckshot (see Sec. 27.42 of this chapter).
(iii) We allow the use of dogs during designated small game with
dog seasons. We require the owner's contact information on the collars
of all dogs. We only allow up to two dogs per hunting party for
squirrel hunting.
(iv) We prohibit upland game hunting on days corresponding with
refuge deer gun hunts.
(3) Big game hunting. We allow hunting of white-tailed deer on
designated areas of the refuge subject to the following conditions:
(i) The conditions set forth at paragraphs (j)(1)(i) through (vi),
(x), and (xi) of this section apply.
(ii) We allow archery deer hunting, youth deer gun hunting during
the first weekend of the State youth firearm season, and one weekend of
primitive firearm season on the refuge. We list specific dates of these
hunts in the refuge annual user brochure.
(iii) Hunters may erect deer stands no earlier than 48 hours before
the deer archery season opens and must remove them from the refuge
within 48 hours after this season closes (see Sec. 27.93 of this
chapter). We grant extensions to retrieve stands due to high water
refuge closure. We allow only one deer stand or blind per hunter on the
refuge. Deer stands must have the owner's State license/sportsmen's
identification number clearly printed on the stand.
(iv) You may only take one deer of either sex per day during the
deer seasons listed. State season limits apply.
(v) Deer hunters must display State Wildlife Management Area (WMA)
hunter-orange or blaze-pink (as governed by State WMA regulations).
(vi) We prohibit organized drives. We define a ``drive'' as an
organized or planned effort to pursue, drive, chase, or otherwise
frighten or cause game to move in the direction of any person(s) who is
part of the organized or planned hunt and known to be waiting for the
game.
(4) Sport fishing. We allow recreational finfishing and
shellfishing on designated areas of the refuge subject to the following
conditions:
(i) The conditions set forth at paragraphs (j)(1)(i), (iv) (on the
open portions of Wood Duck ATV trail for wildlife-dependent activities
throughout the year), (x), and (xi) of this section apply.
(ii) We prohibit slat traps or hoop nets on the refuge.
(iii) Anglers may only crawfish during designated days and times.
The harvest limit is 50 pounds (22.5 kilograms) per person per day.
(iv) You must attend all crawfish traps and nets at all times. We
allow up to,
[[Page 48864]]
and no more than, 20 traps per angler on the refuge.
* * * * *
(m) Delta National Wildlife Refuge--(1) Migratory game bird
hunting. We allow hunting of duck, merganser, teal, light and dark
goose, dove, snipe, rail, gallinule, and coot on designated areas of
the refuge subject to the following conditions:
(i) Each person age 18 and older must possess and carry a valid,
signed refuge user brochure while on the refuge.
(ii) We allow migratory bird hunting on Wednesdays, Thursdays,
Saturdays, and Sundays from \1/2\ hour before legal sunrise until 2
p.m. during the State seasons, including the regular waterfowl season,
the State teal season, State youth waterfowl season, State veterans
waterfowl season, and State light goose special conservation season.
(iii) We only allow temporary blinds. You must remove both blinds
and decoys by 2 p.m. each day (see Sec. 27.93 of this chapter).
(iv) When hunting migratory game birds, you may only use dogs to
locate, point, and retrieve game.
(v) We prohibit discharge of firearms (see Sec. 27.42 of this
chapter) within 500 feet (152 meters (m)) of any residence or oil and
gas infrastructure, or within 200 feet (61 m) of any road, railroad,
levee, water control structure, designated public use trail, designated
parking area, or other designated public use facilities.
(vi) All youth hunters age 15 and younger must be supervised by an
adult during all hunts. One adult may supervise up to two youths during
upland game and migratory game bird hunts, but may supervise only one
youth during big game hunts. The supervising adult must maintain visual
and voice contact with the youth at all times.
(vii) Migratory bird hunters may enter the refuge no earlier than 4
a.m., and all hunters must exit the refuge no later than 2 hours after
legal sunset.
(viii) We allow the incidental take of raccoon, feral hog,
armadillo, opossum, and coyote with approved shot and weapons allowed
during any open season on the refuge.
(ix) We only allow the incidental take of nutria with approved shot
and weapons during any open waterfowl season on the refuge.
(x) We allow only the use of reflective tacks as marking devices.
(2) Upland game hunting. We allow hunting of rabbit, and the
incidental take of nutria, coyote, raccoon, armadillo, and opossum on
designated areas of the refuge subject to the following conditions:
(i) The refuge rabbit season opens the day after the State duck
season closes and continues through the remainder of the State rabbit
season.
(ii) We restrict hunting to shotgun only.
(iii) We allow the use of dogs when rabbit hunting.
(iv) We prohibit upland game hunting on days corresponding with
refuge deer gun hunts.
(v) The conditions set forth at paragraphs (m)(1)(i) and (v)
through (viii) of this section apply.
(3) Big game hunting. We allow hunting of white-tailed deer on
designated areas of the refuge subject to the following conditions:
(i) The conditions set forth at paragraphs (m)(1)(i) and (v)
through (x) of this section apply.
(ii) We allow archery deer hunting, bucks only, from October 1
through 15. We allow either-sex archery deer hunting from October 16
through 31, and from the day after the close of the State duck season
through the end of the State deer archery season.
(iii) We allow placement of temporary deer stands up to 48 hours
prior to the start of deer archery season. Hunters must remove all deer
stands within 48 hours after the archery deer season closes (see Sec.
27.93 of this chapter). We allow only one deer stand per hunter on the
refuge. Deer stands must have the owner's State license/sportsmen's
identification number clearly printed on the stand.
(iv) We prohibit organized deer drives. We define a ``deer drive''
as an organized or planned effort to pursue, drive, chase, or otherwise
frighten or cause deer to move in the direction of any person(s) who is
part of the organized or planned hunt and known to be waiting for the
deer.
(v) We prohibit the use of deer decoys.
(vi) We allow shotgun hunting of deer on the Saturday and Sunday
during the first split of the regular waterfowl season.
(vii) Deer hunters must display State Wildlife Management Area
(WMA) hunter-orange or blaze-pink (as governed by State WMA
regulations).
(4) Sport fishing. We allow recreational finfishing and
shellfishing on designated areas of the refuge subject to the following
conditions:
(i) We only allow sport finfishing and shellfishing from \1/2\ hour
before legal sunrise until \1/2\ hour after legal sunset. During the
State waterfowl hunting seasons, we only allow sport finfishing and
shellfishing from 2 p.m. until \1/2\ hour after legal sunset. However,
during the waterfowl season, we prohibit all public entry between Main
Pass and Raphael Pass.
(ii) We prohibit the use of trotlines, limblines, slat traps, jug
lines, nets, or alligator lines.
(iii) The condition set forth at paragraph (m)(1)(i) of this
section applies.
* * * * *
(o) * * *
(1) * * *
(iv) Each hunter must complete and turn in a Harvest Report (FWS
Form 3-2542), available from a self-clearing check station, after each
hunt.
* * * * *
(3) * * *
(v) Each hunter must complete and turn in a Harvest Report (FWS
Form 3-2542) available from a self-clearing check station, after each
hunt.
* * * * *
(q) Mandalay National Wildlife Refuge--(1) Migratory game bird
hunting. We allow hunting of duck, teal, merganser, light and dark
goose, gallinule (including moorhen), coot, rail, snipe, and dove on
designated areas of the refuge subject to the following conditions:
(i) Each person age 18 and older must possess and carry a valid,
signed refuge user brochure while on the refuge.
(ii) We allow only youth hunting of migratory game birds and only
in the Hanson Unit on Wednesdays, Thursdays, Saturdays, and Sundays
until 2 p.m. of the State teal, youth, and regular waterfowl seasons.
(iii) We open the Hanson Unit only to youth goose hunting during
any segment of the goose season that extends beyond the regular duck
season on Wednesdays, Thursdays, Saturdays, and Sundays until 2 p.m.
(iv) Migratory bird hunters are only allowed to enter the refuge
after 4 a.m.
(v) All youth hunters age 15 and younger must be supervised by an
adult during all hunts. One adult may supervise up to two youths during
small game and migratory game bird hunts. An adult may supervise only
one youth during big game hunts. The supervising adult must maintain
visual and voice contact with the youth at all times. The youth must be
capable of and must actively participate in the hunt by possessing and/
or firing a legal weapon during the hunt for the express purpose of
harvesting game. Parents or adult guardians are responsible for
ensuring that hunters age 15 and younger do not violate refuge rules.
(vi) Adults accompanying youth on refuge hunts may participate by
hunting, but are not allowed to harvest more than their own daily bag
limit.
[[Page 48865]]
(vii) We only allow incidental take of nutria with approved shot
and weapons during any open waterfowl season on the refuge.
(viii) We allow incidental take of raccoon, feral hog, armadillo,
opossum, and coyote with approved shot and weapons allowed during any
open season on the refuge.
(ix) We prohibit hunting within 500 feet (152 meters (m)) of any
residence or oil and gas infrastructure, or within 200 feet (61 m) of
any road, railroad, levee, water control structure, designated public
use trail, designated parking area, or other designated public use
facility.
(x) We allow only temporary blinds, and hunters must remove blinds
and decoys by 2 p.m. each day (see Sec. 27.93 of this chapter).
(2) Upland Game Hunting. We allow youth hunting of squirrel and
rabbit, and the incidental take of nutria, coyote, raccoon, armadillo,
and opossum, on designated areas of the refuge subject to the following
conditions:
(i) When hunting, you must possess only shot size 4 or smaller, or
0.22 caliber rim-fire rifles or smaller. We allow the use of air
rifles.
(ii) The conditions set forth at paragraphs (q)(1)(i) and (v)
through (ix) apply.
(iii) The Hanson Unit is closed to youth hunting prior to 2 p.m. on
Wednesdays, Thursdays, Saturdays, and Sundays during waterfowl hunt
season.
(iv) Hunters must leave the refuge no later than 2 hours after
legal sunset.
(3) Big game hunting. We allow the hunting of white-tailed deer,
and the incidental take of feral hog, on designated areas of the refuge
subject to the following conditions:
(i) We open the refuge to hunting of white-tailed deer only during
the State archery season. We close the Hanson Unit to big game hunting
prior to 2 p.m. on Wednesdays, Thursdays, Saturdays, and Sundays during
State waterfowl seasons.
(ii) You may take only one deer of either sex per day.
(iii) We prohibit the use of deer decoys.
(iv) We only allow portable stands. Hunters may erect temporary
deer stands no earlier than 48 hours prior to the start of deer archery
season. Hunters must remove all deer stands within 48 hours after the
archery deer season closes (see Sec. 27.93 of this chapter). Hunters
may place only one deer stand on the refuge. Deer stands must have the
owner's State hunting license/sportsman's identification number clearly
printed on the stand.
(v) We prohibit organized deer drives. We define a ``deer drive''
as an organized or planned effort to pursue, drive, chase, or otherwise
frighten or cause deer to move in the direction of any person(s) who is
part of the organized or planned hunt and known to be waiting for the
deer.
(vi) The conditions set forth at paragraphs (q)(1)(i), (v), (vi),
(viii), and (ix), and (q)(2)(iv) of this section apply.
(4) Sport fishing. We allow recreational finfishing and
shellfishing in all refuge waters subject to the following conditions:
(i) We prohibit the use of unattended nets, traps, or lines (trot,
jog, bush, etc.).
(ii) The refuge is open from legal sunrise until legal sunset.
(iii) The condition set forth at paragraph (q)(1)(i) of this
section applies.
(r) Red River National Wildlife Refuge--(1) Migratory game bird
hunting. We allow hunting of duck, goose, coot, woodcock, snipe, rail,
gallinule, and dove on designated areas of the refuge subject to the
following conditions:
(i) Hunters must possess and carry a signed refuge brochure.
(ii) We allow waterfowl hunting until 12 p.m. (noon) during the
State season. Waterfowl hunters must exit the refuge no later than 1:30
p.m.
(iii) Hunters may enter the refuge no earlier than 4 a.m.
(iv) Hunters may only hunt during designated times and seasons
within specified State seasons as listed in refuge brochure.
(v) We prohibit hunting within 100 feet (30 meters) of any public
road, refuge road, trail or ATV trail, residence, building, aboveground
oil or gas or electrical transmission facility, or designated public
facility.
(vi) When hunting migratory game birds, you may only use dogs to
locate, point, and retrieve.
(vii) We allow the incidental take of coyote, beaver, and feral
hogs in designated areas during any refuge hunt with the weapons legal
for that hunt, subject to applicable State seasons and regulations.
(2) Upland game hunting. We allow hunting of quail, squirrel,
rabbit, raccoon, and opossum, and incidental take of coyote and beaver,
on designated areas of the refuge subject to the following conditions:
(i) The conditions set forth at paragraphs (r)(1)(i), (iii) through
(v), and (vii) of this section apply.
(ii) We allow hunting of raccoon and opossum during the daylight
hours of rabbit and squirrel season. We allow night hunting during
December and January, and you may use dogs for night hunting.
(iii) We allow the use of dogs to hunt squirrel and rabbit after
December 31.
(iv) Hunters must exit the refuge no later than 1 hour after legal
shooting hours, unless participating in authorized hunting after legal
sunset.
(3) Big game hunting. We allow hunting of white-tailed deer and
turkey, and the incidental take of feral hog, on designated areas of
the refuge subject to the following condition: The conditions set forth
at paragraphs (r)(1)(i), (iii) through (v), and (vii), and (r)(2)(iv)
of this section apply.
(4) Sport fishing. We allow sport fishing on designated areas of
the refuge subject to the following conditions:
(i) We allow use of only electric trolling motors on all refuge
waters while fishing.
(ii) Recreational fishing using commercial gear (slat traps, etc.)
requires a special refuge permit (Special Use Permit (FWS Form 3-1383-
G)), which is available at the refuge office. You must possess and
carry the special refuge permit while fishing using commercial gear.
(iii) We prohibit the taking of alligator snapping turtle (see
Sec. 27.21 of this chapter).
(s) * * *
(1) * * *
(iv) Each hunter must complete and turn in a Harvest Report (FWS
Form 3-2542) from a self-clearing check station after each hunt.
* * * * *
(t) Tensas River National Wildlife Refuge--(1) Migratory game bird
hunting. We allow hunting of duck, goose, rail, gallinule, coot,
woodcock, and snipe on designated areas of the refuge subject to the
following conditions:
(i) All hunters and anglers age 16 and older must purchase an
Annual Public Use Permit (FWS Form 3-2439). This permit allows
individuals to participate in open (non-quota) hunting and fishing
seasons.
(ii) All hunters and anglers must obtain a Self-Clearing Permit
(FWS Form 3-2405), available at refuge entry points and at the Visitor
Center, and complete the self-clearing process when exiting the refuge
at the end of each day.
(iii) We allow hunting of duck, goose, rail, gallinule, coot, and
snipe on Tuesdays, Thursdays, Saturdays, and Sundays until 2 p.m.
during the State season. We prohibit migratory bird hunting during
refuge gun hunts for deer.
(iv) We allow refuge hunters to enter the refuge no earlier than 4
a.m., and they must leave no later than 2 hours after legal sunset
unless they are
[[Page 48866]]
participating in the refuge nighttime raccoon hunt.
(v) We allow all-terrain vehicle (ATV) travel on designated trails
for access typically from October 1 to the last day of the refuge
squirrel season.
(vi) We prohibit field dressing of game within 150 feet (45 meters)
of parking areas, maintained roads, and trails.
(vii) An adult age 18 or older must supervise youth hunters age 17
and younger during all hunts. One adult may supervise two youths during
small game and migratory bird hunts, but may supervise only one youth
during big game hunts. Youth must remain within normal voice contact of
the adult who is supervising them.
(viii) We allow the incidental take of coyote, beaver, raccoon,
opossum, feral hog, armadillo, and nutria during authorized hunts with
firearms and archery equipment legal for use during the hunt.
(2) Upland game hunting. We allow hunting of raccoon, squirrel, and
rabbit, and the incidental take of coyote, beaver, raccoon, opossum,
armadillo, and nutria, on designated areas of the refuge subject to the
following conditions:
(i) The conditions set forth at paragraphs (t)(1)(i), (ii), and
(iv) through (viii) of this section apply.
(ii) A nighttime raccoon hunt will be conducted during December,
January, and/or February, usually in conjunction with the adjacent
State Wildlife Management Area (WMA) raccoon hunting season.
(iii) We allow the use of dogs when squirrel and rabbit hunting
subject to the following conditions:
(A) We allow hunting without dogs from the beginning of the State
season to December 31.
(B) From the beginning of the State season to December 31, we do
not require hunters to wear hunter orange.
(C) We allow squirrel and rabbit hunting with or without dogs from
January 1 to the last day of February.
(D) From January 1 to the last day of February, squirrel and rabbit
hunters are required to wear a minimum solid hunter orange cap.
(E) We allow no more than three dogs per hunting party.
(iv) We close squirrel and rabbit hunting during the following gun
hunts for deer: Refuge-wide youth hunt, primitive firearms hunt, and
modern firearms hunts.
(3) Big game hunting. We allow hunting of white-tailed deer and
turkey, and the incidental take of feral hogs, on designated areas of
the refuge subject to the following conditions:
(i) The conditions set forth at paragraphs (t)(1)(i), (ii), and
(iv) through (viii) of this section apply.
(ii) We require a valid Quota Modern Firearm Permit (FWS Form 3-
2439) to hunt during a Deer Quota Modern Firearm Hunt. You must
complete and submit an application for all Deer Quota Hunts, and
hunters will be notified of their drawing status. If selected, hunters
are required to purchase the Annual Public Use Permit (FWS Form 3-2439)
to claim their Quota Modern Firearm Permit for the selected hunt.
Hunters must carry a signed paper copy or electronic version of the
permit with them on their person while hunting.
(iii) Deer archery season will begin the first Saturday in November
and will conclude on January 31, except for during the youth gun hunt
and modern firearms hunts, when archery is prohibited.
(iv) The deer primitive firearms season will occur between November
1 and January 31. We allow all legal primitive firearms as governed by
State regulations.
(v) During the deer primitive firearms season, hunters may fit any
legal primitive firearms with magnified scopes.
(vi) We allow hunters using primitive weapons to hunt reforested
areas.
(vii) We prohibit youth hunters from using modern firearms during
the primitive weapon hunt.
(viii) During modern firearm hunts, all firearm hunting, even
hunting with primitive weapons or muzzleloaders, is governed by
applicable Federal and State regulations. We require a quota hunt
permit (FWS Form 3-2439) for these hunts.
(ix) During modern firearm hunts, we prohibit hunting in reforested
areas. We prohibit hunting and/or shooting into or across any
reforested area during the quota hunt for deer.
(x) For the guided quota youth hunts, we consider youth to be ages
8 through 15.
(xi) We will conduct a refuge-wide youth deer hunt that will
coincide with the State youth hunt weekend.
(xii) Hunters may take only one deer (one buck or one doe) per day
during refuge deer hunts, except that during guided youth and
wheelchair-bound hunts, the limit will be one antlerless and one
antlered deer per day.
(xiii) We allow turkey hunting in designated areas during the State
turkey hunt season not to exceed 16 days.
(xiv) We allow a youth turkey hunt weekend in conjunction with the
State youth turkey hunt weekend.
(xv) We allow muzzleloader hunters to discharge their primitive
firearms at the end of each hunt safely into the ground at least 150
feet (45 meters (m)) from any designated public road, maintained road,
trail, fire break, dwelling, or aboveground oil and gas production
facility. We define a ``maintained road or trail'' as one that has been
mowed, disked, or plowed, or one that is free of trees.
(xvi) We prohibit deer hunters leaving deer stands unattended
before the opening day of the refuge archery season. Hunters must
remove stands from the refuge by the end of the last day of the refuge
archery season (see Sec. 27.93 of this chapter). Hunters must remove
portable stands from trees at the end of each day's hunt and place
freestanding stands in a nonhunting position when unattended. Hunters
must clearly mark stands left unattended on the refuge with the
hunter's last name, Louisiana Department of Wildlife and Fisheries
license number, and I-Sportsman Permit Number.
(xvii) We allow hunting with slugs, rifle, or pistol ammunition
larger than .22 caliber rimfire only during the quota hunts for deer.
We prohibit use of buckshot when hunting.
(4) Sport fishing. We allow sport fishing on designated areas of
the refuge subject to the following conditions:
(i) The conditions set forth at paragraphs (t)(1)(i) and (ii) of
this section apply.
(ii) We allow anglers to enter the refuge no earlier than 4 a.m.,
and they must depart no later than 2 hours after legal sunset.
(iii) We prohibit the taking of turtle (see Sec. 27.21 of this
chapter).
(iv) We prohibit fish cleaning within 150 feet (45 m) of parking
areas, maintained roads, and trails.
(u) Upper Ouachita National Wildlife Refuge--(1) Migratory game
bird hunting. We allow hunting of duck, goose, coot, dove, rail,
gallinule, snipe, and woodcock on designated areas of the refuge
subject to the following conditions:
(i) You must carry a signed refuge public use brochure and must
carry and fill out daily a Visitor Check-In Permit and Report (FWS Form
3-2405).
(ii) Hunters may only hunt during designated refuge seasons as
listed in the signed refuge public use brochure.
(iii) We allow waterfowl hunting until 12 p.m. (noon) during the
State season. Waterfowl hunters must exit the refuge no later than 1:30
p.m.
(iv) Hunters may enter the refuge no earlier than 4 a.m.
(v) We prohibit hunting within 100 feet (30 meters (m)) of the
maintained rights-of-way of roads and from or
[[Page 48867]]
across all-terrain vehicle (ATV) trails. We prohibit hunting within 50
feet (15 meters (m)) of, or trespassing on, aboveground oil, gas, or
electrical transmission facilities.
(vi) When hunting migratory game birds, you may only use dogs to
locate, point, and retrieve.
(vii) We allow ATVs only on trails designated for their use and
marked by signs (see Sec. 27.31 of this chapter). ATV trails are
closed March 1 through August 31.
(viii) We allow the incidental take of coyote, beaver, and feral
hog during any refuge hunt with the weapons legal for that hunt,
subject to applicable State seasons and regulations.
(2) Upland game hunting. We allow hunting of quail, squirrel,
rabbit, raccoon, and opossum, and the incidental take of coyote and
beaver, on designated areas of the refuge subject to the following
conditions:
(i) The conditions set forth at paragraphs (u)(1)(i), (ii), (iv),
(v), (vii), and (viii) of this section apply.
(ii) You must exit no later than 2 hours after legal shooting
hours, unless participating in authorized hunting after legal sunset.
(iii) We allow the nighttime hunting of raccoon and opossum from
December 1 to January 31 with the aid of dogs. We allow hunting of
raccoon and opossum during the daylight hours of rabbit and squirrel
season.
(3) Big game hunting. We allow hunting of white-tailed deer and
turkey, and the incidental take of feral hog, on designated areas of
the refuge subject to the following conditions:
(i) The conditions set forth at paragraphs (u)(1)(i), (ii), (iv),
(v), (vii), and (viii), and (u)(2)(ii) of this section apply.
(ii) Deer hunters must wear hunter orange as governed by State deer
hunting regulations in wildlife management areas.
(iii) We prohibit hunters from placing stands or hunting from
stands on pine trees with white-painted bands and/or rings.
(4) Sport fishing. We allow sport fishing on designated areas of
the refuge subject to the following conditions:
(i) We prohibit leaving boats and other personal property on the
refuge overnight (see Sec. 27.93 of this chapter).
(ii) You must tend trotlines daily. You must attach ends of
trotlines by a length of cotton line that extends into the water.
(iii) Recreational fishing using commercial gear (slat traps, etc.)
requires a special refuge permit (Special Use Permit (FWS Form 3-1383-
G)), which is available at the refuge office. You must possess and
carry the special refuge permit while fishing using commercial gear.
(iv) We prohibit the taking of turtle (see Sec. 27.21 of this
chapter).
* * * * *
0
13. Amend Sec. 32.38 by:
0
a. Revising paragraphs (a) and (b);
0
b. Redesignating paragraph (e) as paragraph (g) and paragraph (c) as
paragraph (e);
0
c. Adding new paragraph (c);
0
d. Revising paragraph (d) and newly redesignated paragraphs (e)(2)(i)
and (e)(3)(i);
0
e. Adding paragraph (f).
The additions and revisions read as follows:
Sec. 32.38 Maine.
* * * * *
(a) Franklin Island National Wildlife Refuge--(1) Migratory game
bird hunting. We allow hunting of waterfowl on designated areas of the
refuge subject to the following conditions:
(i) We allow the use of dogs consistent with State regulations.
(ii) We allow temporary or portable blinds. We require hunters to
remove all portable or temporary blinds and decoys from the refuge
following each day's hunt (see Sec. 27.93 of this chapter).
(2)-(4) [Reserved]
(b) Moosehorn National Wildlife Refuge--(1) Migratory game bird
hunting. We allow hunting of duck, goose, American woodcock, and snipe
on designated areas of the refuge subject to the following conditions:
(i) We allow the use of dogs consistent with State regulations.
(ii) We allow hunters to enter the refuge 1 hour before legal
shooting hours, and they must exit the refuge by 1 hour past legal
shooting hours.
(iii) We only allow portable or temporary blinds and decoys that
must be removed from the refuge following each day's hunt (see Sec.
27.93 of this chapter).
(iv) Hunters must retrieve all species harvested on the refuge.
(2) Upland game hunting. We allow hunting of bobcat, eastern
coyote, ruffed grouse, snowshoe hare, red fox, gray and red squirrel,
raccoon, skunk, porcupine, and woodchuck on designated areas of the
refuge subject to the following conditions:
(i) The conditions set forth at paragraphs (b)(1)(i), (ii) (except
for hunters pursuing raccoon and coyote at night), (iii), and (iv) of
this section apply.
(ii) We allow hunting for eastern coyote, red squirrel, and
woodchuck only from October 1 to March 31.
(3) Big game hunting. We allow hunting of black bear, moose, and
white-tailed deer on designated areas of the refuge subject to the
following conditions:
(i) The conditions set forth at paragraphs (b)(1)(i), (ii), and
(iv) of this section apply.
(ii) We allow tree stands, blinds, and ladders to be set up on the
opening day of the archery deer season. Hunters must clearly label tree
stands, blinds, or ladders left on the refuge overnight with your State
hunting license number and last name. Hunters must remove tree
stand(s), blind(s), and/or ladder(s) from the refuge on the last day of
the muzzleloader deer season (see Sec. 27.93 of this chapter).
(iii) You may hunt black bear, eastern coyote, and white-tailed
deer during the State archery and firearms deer seasons on the Baring
Division east of State Route 191.
(iv) We prohibit use of firearms to hunt bear during the archery
deer season on the Baring Division east of Route 191. We prohibit the
use of firearms, other than a muzzleloader, to hunt coyote during the
deer muzzleloader season on the Baring Division east of Route 191.
(4) Sport fishing. We allow sport fishing on designated areas of
the refuge subject to the following conditions:
(i) We only allow fishing from \1/2\ hour before legal sunrise to
\1/2\ hour after legal sunset.
(ii) We prohibit trapping fish for use as bait.
(c) Petit Manan National Wildlife Refuge--(1) Migratory game bird
hunting. We allow hunting of duck, goose, seaduck, brant, woodcock,
rail, and snipe on designated areas of the refuge subject to the
following conditions:
(i) We allow the use of dogs consistent with State regulations.
(ii) We allow temporary or portable blinds. We require hunters to
remove all portable or temporary blinds and decoys from the refuge
following each day's hunt (see Sec. 27.93 of this chapter).
(2) Upland game hunting. We allow hunting of ruffed grouse, gray
squirrel, red squirrel, skunk, snowshoe hare, fox, coyote, porcupine
woodchuck, bobcat, and raccoon on designated areas of the refuge
subject to the following conditions:
(i) We prohibit the use of dogs for pursuing game.
(ii) We allow hunting for coyotes, red squirrel, porcupine, and
woodchuck from November 1 to March 31.
(iii) Hunters must retrieve all species harvested on the refuge.
[[Page 48868]]
(iv) We prohibit night hunting from \1/2\ hour after legal sunset
until \1/2\ hour before legal sunrise the following day.
(3) Big game hunting. We allow hunting of white-tailed deer and
black bear on designated areas of the refuge subject to the following
conditions:
(i) Petit Manan Point is open only during the muzzleloader deer
season.
(ii) We allow black bear hunting during the firearm season for
white-tailed deer.
(iii) We allow hunters to enter the refuge 1 hour before legal
sunrise, and they must exit the refuge no later than 1 hour after legal
sunset.
(iv) We prohibit the use of dogs when hunting black bear.
(v) We require hunters to remove all tree stands, blinds, and
ladders from the refuge on the last day of muzzleloader deer season
(see Sec. 27.93 of this chapter).
(4) [Reserved]
(d) Pond Island National Wildlife Refuge--(1) Migratory game bird
hunting. We allow hunting of waterfowl on designated areas of the
refuge subject to the following conditions:
(i) We allow the use of dogs consistent with State regulations.
(ii) We allow temporary or portable blinds. We require hunters to
remove all portable or temporary blinds and decoys from the refuge
following each day's hunt (see Sec. 27.93 of this chapter).
(2)-(4) [Reserved]
(e) * * *
(2) * * *
(i) The conditions set forth at paragraphs (e)(1)(i) and (iii) of
this section apply.
* * * * *
(3) * * *
(i) The conditions as set forth at paragraphs (e)(1)(i) and (iv) of
this section apply.
* * * * *
(f) Sunkhaze Meadows National Wildlife Refuge--(1) Migratory game
bird hunting. We allow hunting of duck, goose, rail, American woodcock,
and Wilson's snipe on designated areas of the refuge subject to the
following conditions:
(i) We allow the use of dogs consistent with State regulations.
(ii) The hunter must retrieve all species harvested on the refuge.
(iii) We only allow portable or temporary blinds and decoys that
must be removed from the refuge following each day's hunt (see Sec.
27.93 of this chapter).
(iv) We allow hunters to enter the refuge 1 hour before legal
shooting hours, and they must exit the refuge no later than 1 hour
after legal shooting hours.
(2) Upland game hunting. We allow hunting of bobcat, coyote, ruffed
grouse, hare, red fox, gray squirrel, red squirrel, raccoon, skunk, and
woodchuck on designated areas of the refuge subject to the following
conditions:
(i) The conditions set forth at paragraphs (f)(1)(i) through (iv)
(except for hunters pursing raccoon or coyote at night) of this section
apply.
(ii) We allow hunting for eastern coyote, red squirrel, and
woodchuck only from October 1 to March 31.
(3) Big game hunting. We allow hunting of black bear, moose, wild
turkey, and white-tailed deer on designated areas of the refuge subject
to the following conditions:
(i) The conditions set forth at paragraphs (f)(1)(i), (ii), and
(iv) of this section apply.
(ii) We allow tree stands, blinds, and ladders to be set up on the
opening day of the archery deer season. Hunters must clearly label tree
stands, blinds, or ladders left on the refuge overnight with your State
hunting license number and last name. Hunters must remove tree
stand(s), blind(s), and/or ladder(s) from the refuge on the last day of
the muzzleloader deer season (see Sec. 27.93 of this chapter).
(4) Sport fishing. We allow sport fishing on designated areas of
the refuge subject to the following condition: We prohibit trapping
fish for use as bait.
* * * * *
0
14. Amend Sec. 32.41 by revising paragraph (b) to read as follows:
Sec. 32.41 Michigan.
* * * * *
(b) Harbor Island National Wildlife Refuge--(1) Migratory game bird
hunting. We allow hunting of migratory game birds on designated areas
of the refuge subject to the following conditions:
(i) Hunters may enter the refuge no earlier than 1 hour before
legal sunrise and must leave the refuge no later than 1 hour after
legal sunset.
(ii) You must remove boats, blinds, blind materials, stands,
decoys, and other hunting equipment from the refuge at the end of each
day (see Sec. Sec. 27.93 and 27.94 of this chapter).
(iii) We allow the use of dogs while hunting in accordance with
Michigan State regulations, provided the dog is under the immediate
control of the hunter at all times.
(2) Upland game hunting. We allow upland game hunting on designated
areas of the refuge subject to the following conditions:
(i) The conditions set forth at paragraphs (b)(1)(i) through (iii)
of this section apply.
(ii) 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)).
(3) Big game hunting. We allow hunting of big game subject to the
following conditions:
(i) The condition set forth at paragraph (b)(1)(i) of this section
applies.
(ii) We prohibit dogs for big game hunting.
(iii) Deer hunters may place one portable stand or blind on the
refuge for use while deer hunting, but only during the open deer
season. The stand must be clearly labeled with the hunter's Michigan
license/sportsmen's identification number. The stand must be removed by
the end of the season (see Sec. Sec. 27.93 and 27.94 of this chapter).
(4) Sport fishing. We allow sport fishing on designated areas of
the refuge subject to the following condition: We prohibit the taking
of any mussel (clam), crayfish, leech, frog, toad, salamander, snake,
lizard, turtle, and other non-fish species by any method on the refuge
(see Sec. 27.21 of this chapter).
* * * * *
0
15. Amend Sec. 32.42 by revising paragraphs (p)(1) introductory text,
(p)(1)(v), and (p)(2)(ii) to read as follows:
Sec. 32.42 Minnesota.
* * * * *
(p) * * *
(1) Migratory game bird hunting. We allow hunting of goose, duck,
merganser, coot, Sora/Virginia rail, woodcock, snipe, common moorhen/
gallinule, mourning dove, and American crow on designated areas of the
refuge subject to the following conditions:
* * * * *
(v) You may only hunt American crow from September 1 through the
end of February within the migratory bird hunting area. We prohibit
hunting from March 1 through August 31.
* * * * *
(2) * * *
(ii) We allow spring turkey hunting for youth hunters and persons
with disabilities, and fall turkey hunting for all hunters, on
designated areas of the refuge.
* * * * *
0
16. Amend Sec. 32.43 by:
0
a. Revising paragraphs (b)(1)(iv), (b)(3)(i), (c)(1)(iv), and
(c)(2)(ii);
0
b. Removing paragraph (c)(2)(iii);
0
c. Revising paragraph (c)(3)(i);
0
d. Removing paragraph (c)(3)(ii);
0
e. Redesignating paragraphs (c)(3)(iii) through (vii) as paragraphs
(c)(3)(ii) through (vi); and
[[Page 48869]]
0
f. Revising paragraphs (d), (e)(1)(iii), (e)(3)(iv), (f)(2)(iii),
(g)(1)(iii), (h)(1)(iii), (h)(3)(iv), (i)(1)(iii), (i)(3)(iv), (j),
(l)(1)(iv), (l)(2)(i), (l)(3)(i), (m)(1)(iii), and (m)(3)(iv).
The revisions read as follows:
Sec. 32.43 Mississippi.
* * * * *
(b) * * *
(1) * * *
(iv) Each hunter must obtain a daily Harvest Report (FWS Form 3-
2542). You must display the card in plain view on the dashboard of your
vehicle so that the State-issued license number is readable. Prior to
leaving the refuge, you must complete the reverse side of the card and
deposit it at one of the refuge information stations. Include all game
harvested, and if you harvest no game, report ``0.'' We prohibit
hunters possessing more than one Harvest Report at a time.
* * * * *
(3) * * *
(i) The conditions set forth at paragraphs (b)(1)(i), (ii), (iv),
and (vi) of this section apply.
* * * * *
(c) * * *
(1) * * *
(iv) Each hunter must obtain a daily Harvest Report (FWS Form 3-
2542). You must display the card in plain view on the dashboard of your
vehicle so that the State-issued license number is readable. Prior to
leaving the refuge, you must complete the card and deposit it at one of
the refuge information stations. Include all game harvested, and if you
harvest no game, report ``0.'' We prohibit hunters possessing more than
one Harvest Report at a time.
* * * * *
(2) * * *
(ii) The conditions set forth at paragraphs (c)(1)(i), (ii), (iv),
(v), and (ix) of this section apply.
(3) * * *
(i) The conditions set forth at paragraphs (c)(1)(i), (ii), (iv),
(v), and (ix) of this section apply.
* * * * *
(d) Grand Bay National Wildlife Refuge--(1) Migratory game bird
hunting. We allow hunting of goose, duck, coot, and dove (mourning and
white-winged) on designated areas of the refuge subject to the
following conditions:
(i) Each hunter must possess and carry a signed copy of the refuge
brochure while participating in refuge hunts.
(ii) Hunters must remove all decoys, blind material, and harvested
waterfowl from the refuge at the end of each day's hunt (see Sec.
27.93 of this chapter).
(iii) You must only use portable or temporary blinds.
(iv) We only allow the use of dogs when waterfowl hunting. We
require all dogs to wear a collar displaying the owner's contact
information.
(v) We allow incidental take of coyote and nutria during any refuge
hunt with the weapons legal for that hunt, subject to applicable State
seasons and regulations.
(2) Upland game hunting. We allow hunting of squirrel (gray and
fox) and rabbit (cottontail and swamp), and incidental take of coyote
and nutria, on designated areas of the refuge subject to the following
conditions:
(i) The conditions set forth at paragraphs (d)(1)(i) and (v) of
this section apply.
(ii) We only allow .22 caliber rimfire rifles.
(3) Big game hunting. We allow hunting of white-tailed deer, and
incidental take of feral hog, on designated areas of the refuge subject
to the following conditions:
(i) The conditions set forth at paragraphs (d)(1)(i) and (v) of
this section apply.
(ii) We only allow hunting with bow and arrow. We prohibit
firearms.
(iii) We allow portable and climbing tree stands. Hunters must
remove tree stands from the refuge at the end of each day's hunt (see
Sec. 27.93 of this chapter).
(iv) We prohibit organized deer drives. We define a ``deer drive''
as an organized or planned effort to pursue, drive, chase, or otherwise
frighten or cause deer to move in the direction of any person(s) who is
part of the organized or planned hunt and known to be waiting for the
deer.
(4) Sport fishing. We allow sport fishing on designated areas of
the refuge subject to the following conditions:
(i) Anglers may enter the refuge no earlier than 30 minutes prior
to sunrise and must leave the refuge no later than 30 minutes after
legal sunset each day.
(ii) We prohibit fishing from legal sunset to legal sunrise.
(e) * * *
(1) * * *
(iii) Before hunting or fishing, all participants must display
their Daily Visitor Information/Harvest Report Card (Harvest Report,
FWS Form 3-2542) in plain view in their vehicle so that the State-
issued license number is readable. You must return all cards upon
completion of the activity and before leaving the refuge.
* * * * *
(3) * * *
(iv) The refuge brochure provides deer check station locations and
requirements. Prior to leaving the refuge, you must check all harvested
deer at the nearest self-service check station (Harvest Report, FWS
Form 3-2542) following the posted instructions.
* * * * *
(f) * * *
(2) * * *
(iii) Before hunting or fishing, all participants must display
their Daily Visitor Information/Harvest Report Card (Harvest Report,
FWS Form 3-2542) in plain view in their vehicle so that the required
information is readable. You must return all cards upon completion of
the activity and before leaving the refuge.
* * * * *
(g) * * *
(1) * * *
(iii) Before hunting or fishing, all participants must display
their Daily Visitor Information/Harvest Report Card (Harvest Report,
FWS Form 3-2542) in plain view in their vehicle so that the required
information is readable. You must return all cards upon completion of
the activity and before leaving the refuge.
* * * * *
(h) * * *
(1) * * *
(iii) Before hunting or fishing, all participants must display
their Daily Visitor Information/Harvest Report Card (Harvest Report,
FWS Form 3-2542) in plain view in their vehicle so that the required
information is readable. You must return all cards upon completion of
the activity and before leaving the refuge.
* * * * *
(3) * * *
(iv) The refuge brochure provides deer check station locations and
requirements. Prior to leaving the refuge, you must check all harvested
deer at the nearest self-service check station (Harvest Report, FWS
Form 3-2542) following the posted instructions.
* * * * *
(i) * * *
(1) * * *
(iii) Before hunting or fishing, all participants must display
their Daily Visitor Information/Harvest Report Card (Harvest Report,
FWS Form 3-2542) in plain view in their vehicle so that the required
information is readable. You must return all cards upon completion of
the activity and before leaving the refuge.
* * * * *
(3) * * *
(iv) The refuge brochure provides deer check station locations and
requirements. Prior to leaving the
[[Page 48870]]
refuge, you must check all harvested deer at the nearest self-service
check station (Harvest Report, FWS Form 3-2542) following the posted
instructions.
* * * * *
(j) Sam D. Hamilton Noxubee National Wildlife Refuge--(1) Migratory
game bird hunting. We allow hunting of duck, light and dark goose,
merganser, woodcock, crow, gallinule (purple and common), snipe, and
coot on designated areas of the refuge subject to the following
conditions:
(i) Hunters and anglers must purchase a North Mississippi Refuge
Complex Hunting/Fishing Permit (#606), available from the Mississippi
Department of Wildlife, Fisheries, and Parks (MDWFP).
(ii) Youth hunters age 15 and younger and hunters age 65 and older
are not required to obtain a North Mississippi Refuge Complex Hunting/
Fishing Permit (#606).
(iii) Hunters must remove all decoys, blind material, and harvested
game from the refuge by 1 p.m. each day (see Sec. Sec. 27.93 and 27.94
of this chapter).
(iv) Hunters may enter the refuge at 4 a.m. and must exit the
refuge no later than 2 hours after legal sunset, except during raccoon
hunts. Waterfowl hunters must exit the refuge no later than 1 p.m.
(v) Each hunter must obtain a daily Harvest Report (FWS Form 3-
2542). Hunters must display the card in plain view on the dashboard of
the vehicle. Prior to leaving the refuge, hunters must complete the
card and deposit it at one of the refuge information stations. Hunters
must include all game harvested and if you harvest no game, report
``0''. We prohibit hunters possessing more than one Harvest Report at a
time.
(vi) We limit waterfowl hunters to 25 shotshells per person.
(vii) Hunters must remove all personal property at the end of each
day's hunt from the Noxubee Wilderness Area (see Sec. Sec. 27.93 and
27.94 of this chapter). Outside the Noxubee Wilderness Area, hunters
may leave tree stands labeled with the hunter's State hunting license
number used for deer hunting.
(viii) We allow hunting of waterfowl (duck, light and dark goose,
merganser, coot, and gallinule) during State seasons, including the
State Light Goose Conservation Order, only on Wednesday and Saturdays
ending at 12 p.m.
(ix) We allow the use of dogs for retrieval of migratory and upland
game only.
(x) We allow incidental take of coyote, beaver, nutria, skunk, fox,
and feral hog during any refuge hunt with the weapons legal for that
hunt, subject to applicable State seasons and regulations.
(2) Upland game hunting. We allow hunting of squirrel, rabbit,
quail, opossum, and raccoon, and incidental take of coyote, fox, skunk,
beaver, and nutria, on designated areas of the refuge subject to the
following conditions:
(i) The conditions set forth at paragraphs (j)(1)(i), (ii), (iv),
(v), (vii), (ix), and (x) of this section apply.
(ii) We allow raccoon and opossum hunting between the hours of
legal sunset and legal sunrise.
(3) Big game hunting. We allow hunting of white-tailed deer turkey,
and incidental take of feral hog, on designated areas of the refuge
subject to the following conditions:
(i) The conditions set forth at paragraphs (j)(1)(i), (ii), (iv),
(v), (vii), and (x) of this section apply.
(ii) We prohibit the use of buckshot on the refuge.
(iii) We prohibit organized deer drives. We define a ``deer drive''
as an organized or planned effort to pursue, drive, chase, or otherwise
frighten or cause deer to move in the direction of any person(s) who is
part of the organized or planned hunt and known to be waiting for the
deer.
(iv) You may place one portable tree stand or ground blind for deer
hunting on the refuge only during the open deer season. You must
clearly label the stand or blind with your State hunting license
number.
(v) While climbing a tree, installing a tree stand that uses
climbing aids, or hunting from a tree stand on the refuge, you must use
a fall-arrest system (full body harness) that is manufactured to the
Treestand Manufacturer's Association standards.
(vi) Hunters may place deer stands on the refuge 7 days prior to
the hunt, and hunters must remove deer stands no more than 7 days after
the refuge's deer season closes (see Sec. 27.93 of this chapter).
(4) Sport fishing. We allow sport fishing on designated areas of
the refuge subject to the following conditions:
(i) The general sport fishing, boating, and bow fishing season
extends from March 1 through October 31, except that we open the
shoreline of Bluff Lake from the Bluff Lake Boardwalk to the visitor
center, the entire Noxubee River, and all borrow pit areas along
Highway 25 to fishing year-round.
(ii) The condition set forth at paragraph (j)(1)(i) of this section
applies.
(iii) Anglers must keep boat travel at idle speed, and they must
not create a wake when moving.
(iv) When left unattended, anglers must tag fishing gear with their
State fishing license number. Anglers must check all gear within 24
hours each day or remove these devices (see Sec. 27.93 of this
chapter).
(v) We allow trotlining on the refuge subject to the following
conditions:
(A) Anglers must label each end of the trotline floats with the
owner's State fishing license number.
(B) We limit trotlines to one line per person, and we allow no more
than two trotlines per boat.
(C) Anglers must tend all trotlines every 24 hours, and must remove
them when not in use (see Sec. 27.93 of this chapter).
(D) Trotlines must possess at least 6-inch (15.2-centimeter) cotton
string leads.
(vi) We allow jug fishing on the refuge subject to the following
conditions:
(A) Anglers must label each jug with their State fishing license
number.
(B) Anglers must check all jugs every 24 hours, and must remove
them when not in use (see Sec. 27.93 of this chapter).
(vii) We prohibit bow fishing after legal sunset.
(viii) We prohibit fishing tournaments on all refuge waters.
(ix) We prohibit the taking of frogs, turtles, and crawfish (see
Sec. 27.21 of this chapter).
(x) We prohibit using nets of any type to capture free-roaming fish
or wildlife. You may use a fishing net to recover fish caught by hook
and line.
(xi) Outside the Noxubee Wilderness Area, anglers may leave
trotlines and jugs used for fishing overnight if they are labeled with
the angler's State fishing license number.
* * * * *
(l) * * *
(1) * * *
(iv) Each hunter must obtain a daily Harvest Report (FWS Form 3-
2542). You must display the card in plain view on the dashboard of your
vehicle so that the State-issued license number is readable. Prior to
leaving the refuge, you must complete the card and deposit it at one of
the refuge information stations. Include all game harvested, and if you
harvest no game, report ``0.'' We prohibit hunters possessing more than
one Harvest Report at a time.
* * * * *
(2) * * *
(i) The conditions set forth at paragraphs (l)(1)(i), (ii), (iv),
(v), and (ix) of this section apply.
* * * * *
(3) * * *
[[Page 48871]]
(i) The conditions set forth at paragraphs (l)(1)(i), (ii), and
(iv) of this section apply.
* * * * *
(m) * * *
(1) * * *
(iii) Before hunting or fishing, all participants must display
their Daily Visitor Information/Harvest Report Card (Harvest Report,
FWS Form 3-2542) in plain view in their vehicle so that the required
information is readable. You must return all cards upon completion of
the activity and before leaving the refuge.
* * * * *
(3) * * *
(iv) The refuge brochure provides deer check station locations and
requirements. Prior to leaving the refuge, you must check all harvested
deer at the nearest self-service check station (Harvest Report, FWS
Form 3-2542) following the posted instructions.
* * * * *
0
17. Amend Sec. 32.44 by revising paragraphs (b)(3)(i), (f)(2)(iii),
and (f)(3)(ii) to read as follows:
Sec. 32.44 Missouri.
* * * * *
(b) * * *
(3) * * *
(i) You must register at the hunter sign-in/out station and record
the sex and age of deer harvested on the Harvest Report (FWS Form 3-
2542).
* * * * *
(f) * * *
(2) * * *
(iii) We require that all hunters complete a Harvest Report (FWS
Form 3-2542) located at the exit kiosks prior to exiting the refuge.
* * * * *
(3) * * *
(ii) We require that all hunters complete the Harvest Report (FWS
Form 3-2542) located at the exit kiosks prior to exiting the refuge.
* * * * *
0
18. Amend Sec. 32.45 by:
0
a. Revising paragraph (f)(3) introductory text;
0
b. Adding paragraph (f)(3)(iv);
0
c. Removing paragraph (q);
0
d. Redesignating paragraphs (r) through (y) as paragraphs (q) through
(x);
0
e. Revising newly redesignated paragraph (w)(3) introductory text; and
0
f. Adding paragraph (w)(3)(iv).
The revisions and additions read as follows:
Sec. 32.45 Montana.
* * * * *
(f) * * *
(3) Big game hunting. We allow hunting of elk, pronghorn, white-
tailed deer, mule deer, and mountain lion on designated areas of the
refuge subject to the following conditions:
* * * * *
(iv) Mountain lion hunting will follow State-established dates for
the archery-only and fall seasons.
* * * * *
(w) * * *
(3) Big game hunting. We allow hunting of elk, pronghorn, white-
tailed deer, mule deer, and mountain lion on designated areas of the
refuge subject to the following conditions:
* * * * *
(iv) Mountain lion hunting will follow State-established dates for
the archery-only and fall seasons.
* * * * *
0
19. Amend Sec. 32.47 by adding paragraphs (b)(1) and (2) to read as
follows:
Sec. 32.47 Nevada.
* * * * *
(b) * * *
(1) Migratory game bird hunting. We allow hunting of dove on
designated areas of the refuge subject to the following conditions:
(i) We allow hunting on designated days.
(ii) You may not possess more than 25 shot shells while in the
field once you have left your vehicle.
(2) Upland game hunting. We allow hunting of chukar and quail on
designated areas of the refuge subject to the following condition: The
conditions set forth at paragraphs (b)(1)(i) and (ii) of this section
apply.
* * * * *
0
20. Amend Sec. 32.48 by revising paragraph (b) to read as follows:
Sec. 32.48 New Hampshire.
* * * * *
(b) Silvio O. Conte National Fish and Wildlife Refuge--(1)
Migratory game bird hunting. We allow hunting of duck, goose, coot,
common snipe, and American woodcock on designated areas of the refuge
subject to the following condition: We allow the use of dogs consistent
with State regulations, except hunters using more than two dogs must
possess a Special Use Permit (FWS Form 3-1383-G) issued by the refuge
manager.
(2) Upland game hunting. We allow hunting of coyote, fox, raccoon,
woodchuck, red squirrel, eastern gray squirrel, porcupine, skunk, crow,
snowshoe hare, muskrat, opossum, fisher, mink, weasel, ring-necked
pheasant, and ruffed grouse on designated areas of the refuge subject
to the following conditions:
(i) We allow the use of dogs consistent with State regulations,
except hunters using more than two dogs must possess a Special Use
Permit (FWS Form 3-1383-G) issued by the refuge manager.
(ii) We allow the training of dogs as governed by State regulations
during daylight hours beginning August 1, if the trainer possesses a
Special Use Permit (FWS Form 3-1383-G) issued by the refuge manager.
(3) Big game hunting. We allow hunting of white-tailed deer, moose,
black bear, and wild turkey on designated areas of the refuge subject
to the following conditions:
(i) The conditions set forth at paragraphs (b)(2)(i) and (ii) of
this section apply.
(ii) We allow tree stands and blinds that are clearly marked with
the owner's State hunting license number.
(iii) You must remove your tree stand(s) and blind(s) no later than
72 hours after the close of the season (see Sec. 27.93 of this
chapter).
(4) Sport fishing. We allow sport fishing on designated areas of
the refuge.
* * * * *
0
21. Amend Sec. 32.49 by:
0
a. Revising paragraphs (a), (c), (d), and (e)(2)(ii);
0
b. Adding paragraph (e)(3)(iii); and
0
c. Revising paragraphs (e)(4) introductory text and (e)(4)(i) and (iv).
The revisions and addition read as follows:
Sec. 32.49 New Jersey.
* * * * *
(a) Cape May National Wildlife Refuge--(1) Migratory game bird
hunting. We allow hunting of light goose, dark goose, duck, sea duck,
gallinule, coot, rail, snipe, crow, and woodcock on designated areas of
the refuge subject to the following conditions:
(i) We allow the use of dogs consistent with State regulations.
(ii) The snipe and crow season on the refuge begins with the start
of the State woodcock south zone season and continues through the end
of the State snipe and crow seasons.
(iii) We prohibit falconry.
(iv) We prohibit night hunting from \1/2\ hour after legal sunset
until \1/2\ hour before legal sunrise the following day.
(2) Upland game hunting. We allow hunting of coyote, fox,
woodchuck, rabbit, squirrel, and pheasant on designated areas of the
refuge subject to the following conditions:
[[Page 48872]]
(i) The conditions set forth at paragraphs (a)(1)(i), (iii), and
(iv) of this section apply.
(ii) We allow woodchuck hunting from the beginning of the State
woodcock south zone season until the end of the State rabbit season.
(iii) Coyote, fox, rabbit, squirrel, and pheasant seasons open at
the beginning of the State woodcock south zone season and close in
accordance with the State seasons for each species.
(3) Big game hunting. We allow hunting of white-tailed deer and
turkey on designated areas of the refuge subject to the following
conditions:
(i) The conditions set forth at paragraphs (a)(1)(i), (iii), and
(iv) of this section apply.
(ii) Tree stands must be marked with the owner's New Jersey
conservation identification number.
(iii) We allow turkey hunting during the State fall season.
(iv) We require the use of nontoxic ammunition for turkey hunting.
(4) Sport fishing. We allow saltwater sport fishing on designated
areas of the refuge subject to the following conditions:
(i) We allow fishing from 1 hour before legal sunrise to 1 hour
after legal sunset.
(ii) We close the Atlantic Ocean portion of the Two Mile Beach Unit
annually to all access, including fishing, between April 1 and
September 30.
(iii) We prohibit fishing for, or possession of, crab or shellfish
on refuge lands.
* * * * *
(c) Great Swamp National Wildlife Refuge--(1) Migratory game bird
hunting. We allow hunting of Canada goose on designated areas of the
refuge subject to the following conditions:
(i) We allow the use of dogs consistent with State regulations.
(ii) Hunters must obtain a refuge hunt permit (FWS Form 3-2439),
and possess the signed refuge permit at all times while hunting or
scouting on the refuge.
(2) Upland game hunting. We allow hunting of coyote and fox on
designated areas of the refuge subject to the following condition: We
only allow the incidental take of coyote and fox during the refuge deer
and turkey hunts.
(3) Big game hunting. We allow hunting of white-tailed deer and
wild turkey on designated areas of the refuge subject to the following
conditions:
(i) We require the use of nontoxic shot while hunting wild turkey.
(ii) We allow hunters to use sleds to retrieve deer in the
Wilderness Area east of Long Hill/New Vernon Road. We prohibit wheeled
game carriers in the Wilderness Area.
(iii) We prohibit organized deer drives. We define a ``deer drive''
as an organized or planned effort to pursue, drive, chase, or otherwise
frighten or cause deer to move in the direction of any person(s) who is
part of the organized or planned hunt and known to be waiting for the
deer.
(4) [Reserved]
(d) Supawna Meadows National Wildlife Refuge--(1) Migratory game
bird hunting. We allow hunting of light goose, dark goose, duck, sea
duck, gallinule, coot, crow, rail, and snipe on designated areas of the
refuge subject to the following conditions:
(i) We allow the use of dogs consistent with State regulations.
(ii) We prohibit falconry.
(iii) We prohibit night hunting from \1/2\ hour after legal sunset
until \1/2\ hour before legal sunrise the following day.
(2) Upland game hunting. We allow hunting of coyote, fox,
woodchuck, rabbit, squirrel, and pheasant on designated areas of the
refuge subject to the following conditions:
(i) We allow woodchuck hunting only during the State coyote and fox
seasons.
(ii) The conditions set forth at paragraphs (d)(1)(ii) and (iii) of
this section apply.
(3) Big game hunting. We allow hunting of white-tailed deer and
turkey on designated areas of the refuge subject to the following
conditions:
(i) The conditions set forth at paragraphs (d)(1)(i) through (iii)
of this section apply.
(ii) We require the use of nontoxic ammunition for turkey hunting.
(iii) We allow archery hunting for white-tailed deer during all six
State Deer Management Zone 63 seasons and on youth hunting days.
(4) Sport fishing. We allow sport fishing on designated areas of
the refuge subject to the following conditions:
(i) We prohibit the taking of frogs and turtles from all nontidal
waters and refuge lands (see Sec. 27.21 of this chapter).
(ii) We allow fishing in designated nontidal waters from 1 hour
before legal sunrise to 1 hour after legal sunset.
(iii) We prohibit bow fishing in nontidal waters.
(iv) We prohibit fishing for, or possession of, crab and shellfish
on refuge lands.
(e) * * *
(2) * * *
(ii) We prohibit night hunting from \1/2\ hour after legal sunset
until \1/2\ hour before legal sunrise the following day.
(3) * * *
(iii) We require the use of nontoxic ammunition for turkey hunting.
(4) Sport fishing. We allow sport fishing on designated areas of
the refuge subject to the following conditions:
(i) At Owens Station Crossing and Hidden Ponds fishing areas, we
allow catch-and-release fishing only.
* * * * *
(iv) We prohibit minnow and bait trapping.
0
22. Amend Sec. 32.50 by:
0
a. Redesignating paragraph (b)(3)(iii) as paragraph (b)(3)(iv);
0
b. Adding new paragraphs (b)(3)(iii) and (v); and
0
c. Revising paragraphs (c) and (f)(1)(iv).
The additions and revisions read as follows:
Sec. 32.50 New Mexico.
* * * * *
(b) * * *
(3) * * *
(iii) We allow hunting of bearded Rio Grande turkey on the Bajada
Hunt Unit, East Hunt Unit, and West Hunt Unit during the general spring
turkey season only, as defined by the State. You may take bearded Rio
Grande turkey only with a method allowed within each refuge hunt unit.
* * * * *
(v) In the Bajada Hunt Unit, we restrict the methods of take to bow
and arrow, crossbow, and muzzleloader or muzzleloading shotguns only,
as defined by the State. In the East Hunt Unit and West Hunt Unit, we
allow any legal weapon during State big game hunting designated dates.
* * * * *
(c) Las Vegas National Wildlife Refuge--(1) Migratory game bird
hunting. We allow hunting of mourning and white-winged dove and goose
on designated areas of the refuge subject to the following conditions:
(i) We allow the use of dogs when hunting.
(ii) Hunters must possess a permit (FWS Form 3-2439).
(iii) We allow the hunting of dove from September 1 to September
30.
(iv) We allow the hunting of goose on dates to be determined by
refuge staff.
(v) Shooting hours for geese are from \1/2\ hour before legal
sunrise until 1 p.m. local time.
(vi) We assign an aggregate bag limit for geese.
(vii) We prohibit falconry on the refuge.
(2) Upland game hunting. We allow hunting of Eurasian collared-
dove, desert cottontail, and Eastern cottontail on designated areas of
the refuge subject to the following conditions:
(i) The conditions set forth at paragraphs (c)(1)(i), (ii), and
(vii) of this section apply.
[[Page 48873]]
(ii) We allow the hunting of Eurasian collared-dove and cottontail
rabbits from September 1 to September 30.
(iii) We allow only shotgun, muzzleloading shotgun firing shot, bow
and arrow, and crossbow for hunting.
(3) Big game hunting. We allow youth elk hunts on designated areas
of the refuge subject to the following conditions:
(i) Hunters must attend a refuge hunter orientation before hunting
on the refuge.
(ii) Hunters may be accompanied by a maximum of two non-hunting
guests.
(iii) Hunters are assigned a hunt unit.
(4) [Reserved]
* * * * *
(f) * * *
(1) * * *
(iv) In Units A and B, the Cornerstone Marsh Unit and Pintail
blind, we require a Mobility-Impaired Certification (per Mobility-
Impaired Certification in the State hunting rules and information
pamphlet).
* * * * *
0
23. Amend Sec. 32.51 by:
0
a. Revising paragraphs (c)(1)(ii)(E), (d), (i)(2) introductory text,
and (i)(2)(ii);
0
b. Adding paragraph (i)(3)(iii); and
0
c. Revising paragraphs (i)(4)(i), (iii), and (iv).
The revisions and addition read as follows:
Sec. 32.51 New York.
* * * * *
(c) * * *
(1) * * *
(ii) * * *
(E) We allow hunting from legal starting time until 12 p.m. (noon).
We require hunters to return a completed Harvest Report (FWS Form 3-
2542) no later than 1 p.m. on the day of the hunt.
* * * * *
(d) Montezuma National Wildlife Refuge--(1) Migratory game bird
hunting. We allow hunting of waterfowl, Canada goose, snow goose, and
gallinule on designated areas of the refuge subject to the following
conditions:
(i) We allow the use of dogs consistent with State regulations.
(ii) For the regular waterfowl season and October through January
season for Canada goose:
(A) We require daily refuge permits (FWS Form 3-2542) and
reservations; we issue permits to hunters with a reservation for that
hunt day. Permits may become available on a first-come/first-served,
self-serve basis during New York State's second split, subject to
hunting conditions and the refuge manager's discretion. We require you
to complete and return your permit by the end of the hunt day.
(B) We allow hunting only on Tuesdays, Thursdays, and Saturdays
during the established refuge season set within the State western zone
season, and during New York State's established special hunts, which
can occur any day of the week as set by the State.
(C) All hunters with reservations and their hunting companions must
check-in at the Route 89 Hunter Check Station area at least 1 hour
before legal shooting time or forfeit their reservation.
(D) We allow motorless boats to hunt waterfowl. We limit hunters to
one boat per reservation and one motor vehicle in the hunt area per
reservation. Hunters may enter the refuge/Hunter Check Station area no
earlier than 2 hours before legal sunrise.
(E) We prohibit shooting from within 500 feet (152 meters) of the
Tschache Pool observation tower.
(F) We require proof of successful completion of the New York State
waterfowl identification course, the Montezuma nonresident waterfowl
identification course, or a suitable nonresident State waterfowl
identification course. All hunters must show proof of successful course
completion each time they hunt.
(G) You may hunt gallinule and Canada goose on refuge areas
designated for the regular waterfowl season only during the regular
waterfowl season.
(iii) For Canada goose in September and snow goose hunting:
(A) We allow hunting of Canada goose during the New York State
September season and hunting of snow goose during portions of the New
York State snow goose season and portions of the period covered by the
Light Goose Conservation Order.
(B) You must possess a valid daily hunt permit (FWS Form 3-2542).
We require you to complete and return the daily hunt permit card by the
end of the hunt day.
(C) For snow goose hunting, hunters may enter the refuge/Hunter
Check Station area no earlier than 4 hours before legal sunrise. For
Canada goose hunting, hunters may enter the refuge/Hunter Check Station
area no earlier than 2 hours before legal sunrise.
(2) Upland game hunting. We allow hunting of rabbit and squirrel on
designated areas of the refuge subject to the following conditions:
(i) The condition set forth at paragraph (d)(1)(i) of this section
applies.
(ii) You must possess a valid daily hunt permit (FWS Form 3-2542)
and are required to complete and return the daily hunt permit card by
the end of each hunt day.
(iii) We allow upland game hunters to access the refuge from 2
hours before legal sunrise until 2 hours after legal sunset.
(iv) We require the use of approved nontoxic shot for upland game
hunting (see Sec. 32.2(k)).
(3) Big game hunting. We allow hunting of white-tailed deer and
wild turkey on designated areas of the refuge subject to the following
conditions:
(i) The condition set forth at paragraph (d)(1)(i) of this section
applies.
(ii) You must possess a valid daily hunt permit (FWS Form 3-2542).
We require you to complete and return the daily hunt permit card by the
end of the hunt day.
(iii) We allow white-tailed deer and turkey hunters to access the
refuge from 2 hours before legal sunrise until 2 hours after the end of
legal shooting time.
(iv) We allow youth and special big game hunts during New York
State's established youth and special big game hunts each year.
(4) Sport fishing. We allow access for fishing from designated
areas of the refuge subject to the following condition: We prohibit the
use of lead fishing tackle.
* * * * *
(i) * * *
(2) Upland game hunting. We allow hunting of rabbit/hare, gray/
black/fox squirrel, pheasant, jackrabbit, chukar, woodchuck, bobwhite
quail, ruffed grouse, crow, red/gray fox, coyote, bobcat, raccoon,
skunk, mink, weasel, and opossum on designated areas of the refuge
subject to the following conditions:
* * * * *
(ii) We prohibit night hunting from \1/2\ hour after legal sunset
until \1/2\ hour before legal sunrise the following day.
(3) * * *
(iii) We require nontoxic ammunition while hunting turkey.
(4) * * *
(i) At Owens Station Crossing and Hidden Ponds fishing areas, we
allow catch-and-release fishing only.
* * * * *
(iii) We prohibit the taking of amphibians and reptiles (see Sec.
27.21 of this chapter).
(iv) We prohibit minnow and bait trapping.
* * * * *
0
24. Amend Sec. 32.52 by:
0
a. Revising paragraph (d);
0
b. Adding paragraph (e)(1); and
0
c. Revising paragraph (e)(3).
[[Page 48874]]
The revisions and addition read as follows:
Sec. 32.52 North Carolina.
* * * * *
(d) Great Dismal Swamp National Wildlife Refuge. Refer to Sec.
32.65(g) for regulations.
(e) * * *
(1) Migratory game bird hunting. We allow hunting of swan, light
and dark goose, duck, merganser, coot, moorhen, and gallinule on
designated areas of the refuge subject to the following conditions:
(i) We require a North Carolina Waterfowl Hunt Permit or a signed
refuge hunt brochure that must be carried while hunting on the refuge.
(ii) Hunters must hunt from their assigned blind location.
(iii) We allow hunting from \1/2\ hour before legal sunrise to 4:20
p.m. (as governed by County regulations).
(iv) We allow hunters to access the refuge 1\1/2\ hours before
legal shooting time until 5:20 p.m.
(v) We allow incidental take of coyote and feral hog while hunting.
* * * * *
(3) Big game hunting. We allow hunting of deer, and incidental take
of feral hog, on designated areas of the refuge subject to the
following conditions:
(i) We require a signed refuge hunt brochure that hunters must sign
and carry while hunting on the refuge.
(ii) We allow the use of shotguns, muzzleloading rifles/shotguns,
pistols, crossbows, and bows. We prohibit the use of all other rifles.
(iii) We allow access to hunting areas from 5 a.m. until 8 p.m.
(iv) We prohibit carrying a loaded firearm on or within 50 feet (15
meters) of gravel roads.
(v) The condition set forth at paragraph (e)(1)(v) of this section
applies.
* * * * *
0
25. Amend Sec. 32.53 by:
0
a. Removing paragraph (e)(3)(i);
0
b. Redesignating paragraphs (e)(3)(ii) and (iii) as paragraphs
(e)(3)(i) and (ii); and
0
c. Revising the heading of paragraph (k).
The revision reads as follows:
Sec. 32.53 North Dakota.
* * * * *
(k) Canfield Lake National Wildlife Refuge.
* * * * *
0
26. Amend Sec. 32.55 by:
0
a. Revising paragraphs (a)(1)(i), (a)(3)(i), (b)(1)(iii), (b)(2)(iii),
(b)(3)(vi), (d)(2)(i), and (f)(1)(i) and (ii);
0
b. Removing paragraph (f)(1)(iv);
0
c. Redesignating paragraphs (f)(1)(v) through (vii) as paragraphs
(f)(1)(iv) through (vi); and
0
d. Revising paragraphs (f)(2) introductory text, (f)(2)(i), (f)(3)(i)
and (ii), (f)(4), (g)(1)(ii), (g)(4)(ii), (i)(1)(i), (j)(1)(i), and
(j)(4).
The revisions read as follows:
Sec. 32.55 Oklahoma.
* * * * *
(a) * * *
(1) * * *
(i) You must possess and carry a signed refuge hunt brochure.
* * * * *
(3) * * *
(i) You must possess and carry a signed refuge hunt brochure for
the archery deer hunt. Hunters must turn in a Harvest Report (FWS Form
3-2542) by December 31 annually. Failure to submit the report will
render the hunter ineligible for the next year's limited season archery
deer hunt.
* * * * *
(b) * * *
(1) * * *
(iii) You must possess and carry a signed refuge hunt brochure
while hunting.
* * * * *
(2) * * *
(iii) You may take beaver, raccoon, and coyote as incidental take
to any daytime established refuge hunt with legal weapons and a signed
hunt brochure for the current hunt season.
* * * * *
(3) * * *
(vi) You may hunt feral hog during any established refuge hunting
season. Signed refuge hunt brochure and legal weapons apply for the
current hunting season.
* * * * *
(d) * * *
(2) * * *
(i) You must possess and carry a signed refuge hunt brochure.
* * * * *
(f) * * *
(1) * * *
(i) You must possess and carry a signed refuge hunt brochure.
(ii) We open the refuge to hunting only on Saturdays, Sundays,
Mondays, and Tuesdays. We allow hunters to enter the Sandtown Bottom
Unit or any portion of Sally Jones Lake beginning at 5 a.m., and
hunters must leave the area by 1 hour after legal sunset.
* * * * *
(2) Upland game hunting. We allow hunting of Eastern gray and fox
squirrel and swamp and Eastern cottontail rabbit on designated areas of
the refuge subject to the following conditions:
(i) The conditions set forth at paragraphs (f)(1)(i) through (vi)
of this section apply.
* * * * *
(3) * * *
(i) The conditions set forth at paragraphs (f)(1)(i) through (iii)
and (vi) of this section apply.
(ii) We require a limited hunt permit (State-issued) for controlled
hunts for muzzleloader and archery deer, and for spring wild turkey
hunts.
* * * * *
(4) Sport fishing. We allow fishing and frogging on designated
areas of the refuge subject to the following conditions:
(i) We prohibit fishing or frogging from September 1 through March
31 in the waterfowl sanctuary south of refuge headquarters, as
designated by buoys and signs.
(ii) You must remove setlines (trotlines, throwlines, juglines,
limblines, yo-yos) from the waterfowl sanctuary before September 1 (see
Sec. 27.93 of this chapter).
(iii) The conditions set forth at paragraphs (f)(1)(v) and (vii) of
this section apply.
(iv) We prohibit the take of reptiles, amphibians (except
bullfrogs), mollusks, and crayfish (see Sec. 27.21 of this chapter).
(v) We prohibit the use of setlines in creeks and tributaries
entering the Arkansas River or Canadian River on the refuge.
(g) * * *
(1) * * *
(ii) Hunters must possess and carry a signed hunt brochure.
* * * * *
(4) * * *
(ii) Anglers may use boats from March 1 through September 30 in
designated waters unless otherwise specified on the fishing brochure.
* * * * *
(i) * * *
(1) * * *
(i) We require hunters to carry a signed refuge hunt brochure while
hunting duck, goose, merganser, and sandhill crane.
* * * * *
(j) * * *
(1) * * *
(i) Hunters must possess a current signed refuge hunt brochure
while hunting on the refuge.
* * * * *
(4) Sport fishing. We allow fishing on designated areas of the
refuge subject to the following conditions:
[[Page 48875]]
(i) You may take fish only with pole and line or rod and reel.
(ii) We prohibit taking of frogs and turtles (see Sec. 27.21 of
this chapter).
(iii) Anglers may use motorized boats on Elmer Thomas Lake;
however, we enforce a no-wake rule on the lake.
(iv) Anglers may use hand-powered boats or boats 14 feet or less in
length with an electric trolling motor only on Elmer Thomas, Jed
Johnson, Rush, Quanah Parker, and French Lakes.
(v) We allow fishing after legal sunset on the refuge including by
boat, but we prohibit all other boating after legal sunset.
(vi) We prohibit fishing from public roadways and bridges opened to
motorized vehicles.
(vii) We allow wading when fishing, provided that wading anglers
must use tube-type floaters, life jackets, or buoyant vests.
(viii) We close Kiowa Lake to fishing except for shoreline fishing
associated with a U.S. Fish and Wildlife Service-sponsored aquatic
education program.
0
27. Amend Sec. 32.56 by:
0
a. Revising paragraphs (k)(1) through (3), (q)(1)(xi), (t)(1)
introductory text, and (t)(1)(viii);
0
b. Adding paragraph (u)(1); and
0
c. Revising paragraph (u)(3).
The revisions and addition read as follows:
Sec. 32.56 Oregon.
* * * * *
(k) * * *
(1) Migratory game bird hunting. We allow hunting of dove, goose,
duck, merganser, coot, and snipe on designated areas of the refuge
subject to the following conditions:
(i) We allow nonmotorized boats or boats equipped with only
electric motors on the North and South Malheur Lake Hunt Units.
(ii) We allow only portable and temporary hunting blinds.
(iii) You must remove boats, decoys, blinds, materials, and all
personal property at the end of each day's hunt (see Sec. Sec. 27.93
and 27.94 of this chapter).
(iv) You may take Eurasian collared-dove only during the State
mourning dove season.
(2) Upland game hunting. We allow hunting of pheasant, quail,
partridge, chukar, rabbit, hare, and coyote on designated areas of the
refuge.
(3) Big game hunting. We allow hunting of deer and pronghorn on
designated areas of the refuge subject to the following conditions:
(i) We allow only short-range weapons (archery, shotgun, and
muzzleloader) on the Buena Vista Unit.
(ii) Mule deer hunting in the Buena Vista Unit will close the
Friday before the opening day of the Oregon Statewide rooster pheasant
season.
* * * * *
(q) * * *
(1) * * *
(xi) Hunters must check-in and check-out with a refuge
representative and submit a Harvest Report (FWS Form 3-2542) when
checking out.
* * * * *
(t) * * * (1) Migratory game bird hunting. We allow hunting of duck
and coot on designated areas of the refuge subject to the following
conditions:
* * * * *
(viii) Hunters must submit a Harvest Report (FWS Form 3-2542) at
the end of each day's hunt.
* * * * *
(u) * * *
(1) Migratory game bird hunting. We allow hunting of duck, goose,
and coot on designated areas of the refuge subject to the following
conditions:
(i) We allow only portable and temporary hunting blinds.
(ii) You must remove all blinds, decoys, shotshell hulls, and other
personal equipment and garbage from the refuge at the end of each day's
hunt (see Sec. Sec. 27.93 and 27.94 of this chapter).
(iii) Hunters may enter the refuge no earlier than 2 hours before
legal shooting hours and must exit the refuge no later than 1 hour
after legal shooting hours.
(iv) We allow the use of dogs when hunting.
* * * * *
(3) Big game hunting. We allow deer and elk hunting on designated
areas of the refuge subject to the following conditions:
(i) You may harvest only antlerless elk.
(ii) We require a refuge permit (FWS Form 3-2439) for hunting elk.
(iii) We prohibit hunting from any refuge structure, observation
blind, or boardwalk.
(iv) We allow short-range weapons only. We allow archery hunting
only on the William L. Finley and Snag Boat Bend Zone 2 hunt units.
(v) Hunters 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.
* * * * *
0
28. Amend Sec. 32.57 by revising paragraph (a)(2) to read as follows:
Sec. 32.57 Pennsylvania.
* * * * *
(a) * * *
(2) Upland game hunting. We allow hunting of squirrel, grouse,
rabbit, pheasant, quail, woodchuck, crow, fox, raccoon, opossum, skunk,
weasel, coyote, chukar, and bobcat on designated areas of the refuge
subject to the following conditions:
(i) The conditions set forth at paragraphs (a)(1)(i) and (iii) of
this section apply.
(ii) We prohibit night hunting from \1/2\ hour after legal sunset
until \1/2\ hour before legal sunrise the following day.
* * * * *
0
29. Amend Sec. 32.59 by revising paragraphs (b)(3)(iii), (c)(1)(i),
(ii) and (v), and (c)(3) to read as follows:
Sec. 32.59 South Carolina.
* * * * *
(b) * * *
(3) * * *
(iii) Harvested deer, feral hog, or turkey must be checked at the
designated check station prior to removal from the refuge. Hunters must
complete the Harvest Report (FWS Form 3-2542).
* * * * *
(c) * * *
(1) * * *
(i) We require each hunter to carry at all times while hunting a
valid signed, current refuge hunting brochure.
(ii) Each youth hunter (age 15 and younger) must remain within
sight and normal voice contact of an assistant, parent, or guardian age
21 or older. Youth hunters must have successfully completed a State-
approved hunter education course.
* * * * *
(v) We only allow the use of dogs when migratory game bird hunting.
* * * * *
(3) Big game hunting. We allow hunting of white-tailed deer and
turkey, and incidental take of feral hog, on designated areas of the
refuge subject to the following conditions:
(i) The conditions set forth at paragraphs (c)(1)(i) and (ii) of
this section apply.
(ii) Only youth hunters may hunt turkey on the refuge.
(iii) Except for the special quota permit hunts, we allow only
archery or muzzleloader hunting for deer. During special quota permit
hunts, we allow use of centerfire rifles or shotguns. We only allow
shotguns for turkey hunts.
(iv) On hunt days, hunters and assistants, parents, or guardians
may enter the refuge no earlier than 5 a.m. and must leave the refuge
no later than 1 hour after legal sunset. We allow hunting from \1/2\
hour before official sunrise until \1/2\ hour after official sunset.
(v) We require all deer taken during any hunt to be checked at the
[[Page 48876]]
designated refuge check station before removal from the refuge. In
addition, all deer and turkey must be tagged (State-issued).
(vi) The refuge daily bag limit is two antlerless deer and one
antlered buck that must have at least three antler points on one side.
We define a ``point'' as an antler projection of at least 1 inch (2.5
centimeters) or more in length. The youth turkey hunter bag limit is
one male turkey.
(vii) We allow incidental take of feral hog during deer hunts only.
There is no size or bag limit on hogs. We may offer special hog hunts
during and after deer season to further control this invasive species.
We prohibit removal of live hogs from the refuge.
(viii) You must hunt deer from an elevated deer stand. We prohibit
shooting big game from a boat.
(ix) All permanently fixed ground blinds are for the mobility-
impaired hunt only.
(x) We prohibit crossbows on the archery hunts. We only allow
muzzleloading rifles using a single projectile on the muzzleloader
hunts. We prohibit buckshot.
(xi) You may use flagging to mark the site of hunter entry from
roads or trails and again at the stand site. You may use clothespins
with reflective tape between these sites to mark the route to the
stand. Hunters must label all such markers with their last name and
State hunting license number.
(xii) We require hunters to wear an outer garment visible above the
waist that contains a minimum of 500 square inches (3,226 square
centimeters) of solid, florescent-orange material at all times during
the muzzleloader and mobility-impaired hunts for deer.
(xiii) We prohibit organized deer drives. We define a ``deer
drive'' as an organized or planned effort to pursue, drive, chase, or
otherwise frighten or cause deer to move in the direction of any
person(s) who is part of the organized or planned hunt and known to be
waiting for the deer.
(xiv) We prohibit accessing hunt units by watercraft.
* * * * *
0
30. Amend Sec. 32.60 by:
0
a. Revising paragraph (b)(4)(i);
0
b. Adding paragraph (b)(4)(iii); and
0
c. Revising paragraph (h)(4).
The revisions and addition read as follows:
Sec. 32.60 South Dakota.
* * * * *
(b) * * *
(4) * * *
(i) We prohibit the use or possession of live minnows or bait fish.
* * * * *
(iii) We prohibit the use of lead fishing sinkers on all waters of
the refuge except the Little River Recreation Area.
* * * * *
(h) * * *
(4) Sport fishing. We allow fishing on designated areas of the
refuge subject to the following conditions:
(i) Ice fishing anglers must not be on the ice until 1 hour prior
to legal sunrise and must be off the ice by 1 hour after legal sunset.
(ii) Ice fishing anglers must remove ice shacks by 1 hour after
legal sunset (see Sec. 27.93 of this chapter).
(iii) We restrict angler foot travel to posted access points,
public roads, and lake ice.
(iv) We allow fishing with the use of nonmotorized boats, canoes,
and kayaks.
* * * * *
0
31. Amend Sec. 32.62 by:
0
a. Revising paragraphs (a)(1)(i) and (ii), (e)(1) introductory text,
(e)(1)(i), (iii) and (ix);
0
b. Adding paragraphs (e)(1)(x) through (xii);
0
c. Revising paragraph (e)(4)(iii);
0
d. Redesignating paragraph (e)(4)(iv) as paragraph (e)(4)(v);
0
e. Adding new paragraphs (e)(4)(iv) and (g)(2);
0
f. Revising paragraphs (g)(3), (h)(1)(i), (h)(2), (h)(3)(iv),
(i)(3)(ii) and (iii);
0
g. Removing paragraph (i)(3)(iv);
0
h. Redesignating paragraphs (i)(3)(v) through (xi) as paragraphs
(i)(3)(iv) through (x);
0
i. Revising newly redesignated paragraphs (i)(3)(iv) and (viii);
0
j. Revising paragraphs (i)(4), (j)(1)(i), (k)(1)(ii), (viii) and (xii);
0
k. Redesignating paragraphs (l) through (n) as paragraphs (n) through
(p);
0
l. Adding new paragraphs (l) and (m); and
0
m. Revising newly redesignated paragraphs (n)(4)(ii), (o)(1)(ii),
(o)(4)(iii), (p)(2)(i) through (iii), and (p)(3)(i) and (ii).
The revisions and additions read as follows:
Sec. 32.62 Texas.
* * * * *
(a) * * *
(1) * * *
(i) You must carry a current signed refuge hunting permit (signed
refuge hunt brochure) while waterfowl hunting on all refuge hunt units.
(ii) Season dates for waterfowl will be concurrent with the State,
except as specified in the refuge hunt brochure.
* * * * *
(e) * * *
(1) Migratory game bird hunting. We allow hunting of goose, duck,
coot, merganser, mourning dove, white-winged dove, Eurasian collared-
dove, and rock pigeon on designated areas of the refuge subject to the
following conditions:
(i) Season dates will be concurrent with the State for the
September teal season; youth-only season; duck, coot, and merganser
regular season in the Texas South Zone; goose regular season in the
Texas East Zone; and dove and pigeon season in the Texas South Zone,
including special white-winged dove days, except that we prohibit duck
(not including the September teal and youth-only seasons), coot, and
merganser hunting on the refuge until the last Saturday in October. If
the State-specified duck, coot, and merganser regular season opens
later than the last Saturday in October, then hunting on the refuge
will open consistent with the State-specified season date.
* * * * *
(iii) Hunters may enter the refuge waterfowl hunt units no earlier
than 4 a.m. Hunting starts at the designated legal shooting time and
ends at 12 p.m. (noon). Hunters must leave refuge hunt units by 1 p.m.
* * * * *
(ix) You may access hunt units from land by foot or nonmotorized
conveyance from designated parking areas and turn-arounds. You may
access public waterfowl hunting areas by motorized boat from State
waters, where applicable.
(x) Hunters may enter the refuge dove/pigeon hunt units no earlier
than 30 minutes prior to designated legal shooting time and leave
refuge hunt units no later than 30 minutes after legal sunset.
(xi) Hunting dove and pigeon in the Farm Field Unit is only allowed
after early teal season and will close before the beginning of general
duck season in October.
(xii) Hunters must possess a signed brochure on their person while
hunting on the refuge.
* * * * *
(4) * * *
(iii) We prohibit the use of trotlines, sail lines, set lines,
jugs, gigs, spears, bush hooks, snatch hooks, crossbows, noodling, or
bows and arrows of any type.
(iv) Anglers age 17 and older fishing in Cannan Bend Recreation
Area must
[[Page 48877]]
possess a day or annual fishing pass and a signed fishing brochure on
their person.
* * * * *
(g) * * *
(2) Upland game hunting. We allow the hunting of Eastern gray and
fox squirrel on designated areas of the refuge subject to the following
conditions:
(i) Squirrel hunting on the refuge will open with the close of the
white-tailed deer season in January and close February 28. The season
will reopen from May 1 through May 31.
(ii) Hunters must possess and carry a signed refuge hunt brochure
while hunting.
(iii) We allow the use of shotgun only.
(3) Big game hunting. We allow hunting of white-tailed deer and
feral hog on designated areas of the refuge subject to the following
conditions:
(i) The refuge will determine season dates and bag limits.
(ii) The condition set forth at paragraph (g)(2)(ii) of this
section applies.
(iii) Hunters age 17 and younger must be under the direct
supervision of an adult age 18 or older.
(iv) You may hunt feral hog during any established white-tailed
deer refuge hunting season. You must obtain and possess a refuge signed
hunt brochure and may only use legal weapons for the current hunting
season.
(v) We allow hunters to access the refuge no more than 2 hours
before legal sunrise and no more than 2 hours after legal sunset.
(vi) You may participate in the refuge firearms drawn deer hunt
only with a Texas Parks and Wildlife Department-drawn hunt permit.
(vii) We allow the use of only portable blinds and tree stands on
the refuge. You must remove blinds, tree stands, and all other personal
equipment from the refuge at the end of each day's hunt (see Sec.
27.93 of this chapter).
(viii) We allow all-terrain vehicles for medically documented
disabled hunters by Special Use Permit (FWS Form 3-1383-G only).
* * * * *
(h) * * *
(1) * * *
(i) You must possess and carry a signed refuge hunt brochure.
* * * * *
(2) Upland game hunting. We allow hunting of fox squirrel and
Eastern cottontail rabbit in the months of January, February, and
September on designated areas of the refuge and subject to the
following condition: The conditions set forth at paragraphs (h)(1)(i)
through (vii) of this section apply.
(3) * * *
(iv) We allow muzzleloaders, bow and arrow, and shotguns only for
feral hog and spring turkey hunts. You may possess only lead-free,
approved nontoxic (steel, bismuth, copper, or tungsten; see Sec.
32.2(k)) bullets, slugs, and shot (00 buck for hogs, no shell larger
than #4 shot size for turkey).
* * * * *
(i) * * *
(3) * * *
(ii) We require hunters to attend refuge hunter orientation before
hunting on the refuge. We require each hunter to obtain and carry with
them a signed and dated refuge hunt brochure in addition to the State
hunt permit.
(iii) Bag limits for species hunted on the refuge are provided in
the refuge hunt brochure annually.
(iv) We allow a scouting period prior to the commencement of each
refuge hunt period. A permitted hunter and a limit of two non-permitted
individuals may enter the hunt units during the scouting period, which
begins after hunter orientation and ends at legal sunset. Each hunter
must clearly display a Vehicle Validation Tag (FWS Form 3-2405) face up
on the vehicle dashboard when scouting and hunting.
* * * * *
(viii) During American alligator hunts, we allow hunters to leave
hooks set over only one night period at a time; set lines must be
checked daily.
* * * * *
(4) Sport fishing. We allow fishing and crabbing on designated
areas of the refuge subject to the following conditions:
(i) We allow only pole and line, rod and reel, hand line, dip net,
and cast net for fishing. We prohibit the use of crab traps or pots for
crabbing.
(ii) Anglers must attend all fishing lines, crabbing equipment, and
other fishing devices at all times.
(iii) Inside the refuge boundary on San Martin Lake, we allow bank
and wade fishing within a designated area, which may be accessed only
on foot.
(j) * * *
(1) * * *
(i) We require hunters to obtain a refuge hunt permit (signed
refuge hunt brochure) and to possess and carry that signed refuge hunt
brochure at all times during the designated hunt period. Hunters must
also display the vehicle placard (part of the refuge hunt permit) while
participating in the designated hunt period.
* * * * *
(k) * * *
(1) * * *
(ii) You must possess and carry a current signed refuge hunting
permit (signed refuge hunt brochure) while hunting on all units of the
refuge.
* * * * *
(viii) We only allow hunting in the Spaced Hunt Units on Saturdays,
Sundays, and Tuesdays of the regular waterfowl season. We allow a
maximum of four hunters per area. Hunters must possess and carry
Special Fee Area Permits (signed refuge hunt brochure) while hunting.
* * * * *
(xii) We require a minimum distance between hunt parties, and
between hunters and drivable roads and buildings, of 200 yards (183
meters).
* * * * *
(l) Muleshoe National Wildlife Refuge--(1) Migratory game bird
hunting. We allow hunting of mourning dove, white-winged dove, and
Eurasian collared-dove on designated areas of the refuge subject to the
following conditions:
(i) Hunters must possess and carry a signed refuge hunt brochure
while hunting.
(ii) During the dove season set by the State of Texas, we limit
hunting to no more than 6 days with a maximum of 12 hunters per season.
(iii) We allow hunting from \1/2\ hour before legal sunrise until
12 p.m. (noon).
(iv) We require hunters to check in and out at refuge headquarters.
(v) Hunters must exit the refuge no later than 45 minutes after
legal sunset, unless they are camping in a designated camping area.
From 45 minutes after legal sunset until 30 minutes before legal
sunrise, we prohibit hunters in all areas of the refuge except
designated camping areas.
(vi) We allow the use of dogs when hunting.
(vii) We only allow shotguns.
(2) Upland game hunting. We allow the hunting of Northern bobwhite
and scaled (blue) quail on designated areas of the refuge subject to
the following conditions:
(i) The conditions set forth at paragraphs (l)(1)(i), and (iv)
through (vii) of this section apply.
(ii) During the first 2 weeks of the quail season set by the State
of Texas, we limit hunting to no more than 6 days with a maximum of 12
hunters per season.
(iii) We allow hunting from 8:30 a.m. to 4:30 p.m.
(3) Big game hunting. We allow the hunting of white-tailed deer and
mule deer, and the incidental take of feral hog, on designated areas of
the refuge subject to the following conditions:
[[Page 48878]]
(i) The conditions set forth at paragraphs (l)(1)(i), (iv), and (v)
of this section apply.
(ii) Between October and January, we limit hunting to no more than
20 days with a maximum of 8 hunters per season.
(iii) You may use only high-powered rifles of .242/6mm caliber or
larger and archery equipment to hunt big game on the refuge.
(4) [Reserved]
(m) Neches River National Wildlife Refuge--(1) Migratory game bird
hunting. We allow hunting of ducks, coot, and merganser on designated
areas of the refuge subject to the following conditions:
(i) Hunters may enter the refuge no earlier than 4:30 a.m. We allow
hunting from the State-designated legal shooting time until 12 p.m.
(noon). Hunters must leave refuge hunt units by 1 p.m.
(ii) In Dead Water unit only, we allow the use of floating craft
and motor boats, but only if they are propelled by paddling, push pole,
or electric trolling motor.
(iii) We prohibit hunting within 50 yards (45 meters) of any road
or trail, and within 200 yards (183 meters) of any building.
(iv) We require each hunter to obtain and carry with them a signed
refuge hunt brochure in addition to the State hunt permit.
(v) You must remove all boats, blinds, temporary blinds, stands
decoys, and other personal equipment following each hunt day (see
Sec. Sec. 27.93 and 27.94 of this chapter).
(vi) We allow the use of dogs when hunting.
(2) Upland game hunting. We allow hunting of Eastern gray and fox
squirrel, cottontail and swamp rabbit, raccoon, beaver, and coyote
subject to the following conditions:
(i) The conditions set forth at paragraphs (m)(1)(iii), (iv), and
(vi) of this section apply.
(ii) We allow incidental take of beaver and coyote during any
refuge hunt with the weapons legal for that hunt, subject to applicable
State seasons and regulations.
(iii) We allow the hunting of raccoon and coyote from legal sunset
to legal sunrise. We allow artificial lighting for hunting raccoon and
coyote.
(iv) We require that refuge hunters turn in the Harvest Report (FWS
Form 3-2542) within 2 weeks of the end of your hunt.
(v) We allow squirrel, rabbit, and raccoon hunting on the refuge
from October 1 to 23.
(3) Big game hunting. We allow hunting of white-tailed deer and
feral hog on designated areas of the refuge subject to the following
conditions:
(i) The conditions set forth at paragraphs (m)(1)(iii) and (iv) of
this section apply.
(ii) We allow incidental take of feral hog during any refuge hunt
with the weapons legal for that hunt, subject to applicable State
seasons and regulations.
(iii) We require a Harvest Report (FWS Form 3-2542) within 2 weeks
of the end of your hunt. Failure to submit the Harvest Report will
render the hunter ineligible for the next year's hunt.
(iv) We require a minimum distance between hunt parties of 150
yards (137 meters).
(v) We prohibit the use of dogs when feral hog hunting.
(4) [Reserved]
(n) * * *
(4) * * *
(ii) The condition set forth at paragraph (n)(1)(v) of this section
applies.
* * * * *
(o) * * *
(1) * * *
(ii) You must possess and carry a current signed refuge hunting
permit (signed refuge hunt brochure) while hunting on all hunt units of
the refuge.
* * * * *
(4) * * *
(iii) The conditions set forth at paragraphs (o)(1)(vi) and (vii)
of this section apply.
* * * * *
(p) * * *
(2) * * *
(i) We require hunters to possess a refuge permit (signed refuge
hunt brochure). The hunter must carry the nontransferable permit at all
times while hunting.
(ii) We require that refuge hunters turn in the Harvest Report (FWS
Form 3-2542) by the date specified on the permit. Failure to submit the
report will render the hunter ineligible for the next year's limited
upland game hunt.
(iii) The condition set forth at paragraph (p)(1)(v) of this
section applies.
* * * * *
(3) * * *
(i) We require a refuge permit (signed refuge hunt brochure) and
Harvest Report (FWS Form 3-2542). Hunters must turn in both forms by
the date specified on the permit. Failure to submit the Harvest Report
will render the hunter ineligible for the next year's limited big game
hunt. Drawings are by lottery. The hunter must carry the
nontransferable permit at all times while hunting.
(ii) The conditions set forth at paragraphs (p)(1)(v) and
(p)(2)(iv) through (vii) of this section apply.
* * * * *
0
32. Amend Sec. 32.63 by revising paragraphs (c)(1) and (c)(3)
introductory text to read as follows:
Sec. 32.63 Utah.
* * * * *
(c) * * * (1) Migratory game bird hunting. We allow hunting of
duck, coot, sandhill crane, and goose on designated areas of the refuge
subject to the following condition: During hunting season, the refuge
is open from 1\1/2\ hours before legal sunrise to 1\1/2\ hours after
legal sunset.
* * * * *
(3) Big game hunting. We allow hunting of deer, pronghorn, and elk
on designated areas of the refuge subject to the following conditions:
* * * * *
0
33. Revise Sec. 32.64 to read as follows:
Sec. 32.64 Vermont.
The following refuge units are open for hunting and/or fishing as
governed by applicable Federal and State regulations, and are listed in
alphabetical order with additional refuge-specific regulations.
(a) Missisquoi National Wildlife Refuge--(1) Migratory game bird
hunting. We allow hunting of goose, duck, brant, merganser, coot,
woodcock, and snipe on designated areas of the refuge subject to the
following conditions:
(i) We allow the use of dogs consistent with State regulations,
except hunters using more than two dogs must possess a Special Use
Permit (FWS Form 3-1383-G) issued by the refuge manager.
(ii) We require the use of dogs for hunting waterfowl in the Maquam
Swamp, Long Marsh Channel/Metcalfe Island, and Saxes Pothole/Creek and
Shad Island Pothole areas.
(iii) We prohibit blind staking and unattended decoys.
(iv) In the controlled waterfowl hunting areas:
(A) Hunters must possess a refuge permit (FWS Form 3-2439).
(B) Hunters may only hunt within 100 feet (30 meters) of a numbered
stake placed by the refuge staff.
(v) In the Delta Lakeshore Area, we prohibit jumpshooting within
200 yards (183 meters) of a party hunting from a boat or blind.
(vi) In the Maquam Shore Area:
(A) We do not require a refuge permit to hunt or scout in this
area.
(B) We prohibit jumpshooting within 200 yards (183 meters) of a
party hunting from a boat or blind.
[[Page 48879]]
(vii) In the Saxes Pothole/Creek and Shad Island Pothole, each
hunting party must possess and carry a permit (FWS Form 3-2439) for the
specific zone on the specific day they are hunting in this area.
Permits are not transferable.
(viii) In the Junior Waterfowl Hunting Area:
(A) Each junior hunter must possess and carry a permit (FWS Form 3-
2439) for the assigned blind site and day. On Mentor Day, mentors must
also possess and carry this permit for the assigned blind site. Each
adult hunting party must possess and carry a permit for the blind site
and day they are hunting. Permits are not transferable.
(B) Shooting hours end at 11 a.m.
(ix) In the Long Marsh Channel and Metcalfe Island:
(A) We limit hunting to Tuesdays, Thursdays, and Saturdays
throughout the waterfowl hunting season for duck.
(B) Each hunting party must possess and carry a permit for the
blind on the specific day they are hunting in this area. Permits are
not transferable.
(C) Shooting hours end at 11 a.m.
(D) We close this area to waterfowl hunting during split seasons
when geese are the only waterfowl that hunters may legally take.
(2) Upland game hunting. We allow hunting of cottontail rabbit,
snowshoe hare, ruffed grouse, gray squirrel, coyote, red fox, gray fox,
skunk, raccoon, weasel, and opossum on designated areas of the refuge
subject to the following conditions:
(i) The condition set forth at paragraph (a)(1)(i) of this section
applies.
(ii) Prior to hunting, you must obtain from refuge headquarters and
sign a current refuge hunt brochure (signed brochure). You must possess
the signed refuge hunt brochure at all times while hunting, and you
must hold a valid State hunting license.
(iii) You may use only shotguns, muzzleloaders, or archery
equipment on open areas east and north of Vermont Route 78, east of the
Missisquoi River, and on Shad Island.
(iv) We prohibit hunting from the end of the State snowshoe hare
and rabbit season (early March) until September 1.
(v) On the Eagle Point Unit, the conditions set forth at paragraphs
(a)(2)(i) through (iii) of this section do not apply.
(3) Big game hunting. We allow hunting of white-tailed deer, moose,
bear, and turkey on designated areas of the refuge subject to the
following conditions:
(i) Prior to hunting, you must obtain from refuge headquarters and
sign a current refuge hunt brochure (signed brochure). You must possess
the signed refuge hunt brochure at all times while hunting, and you
must hold a valid State hunting license.
(ii) You may use only shotguns, muzzleloaders, or archery equipment
on open areas east and north of Vermont Route 78, east of the
Missisquoi River. We prohibit rifles in these areas at any time.
(iii) You may use portable tree stands as governed by State
regulations guiding their use on State wildlife management areas with
the following exception: We allow only one tree stand or ground blind
for each permit holder.
(iv) On the Eagle Point Unit, we allow hunting subject to the
following conditions:
(A) You may use portable tree stands as governed by State
regulations guiding their use on State wildlife management areas.
(B) We allow training of dogs during the regular hunting seasons as
governed by State regulations. We allow dog training outside the
regular hunting seasons (i.e., from June 1 through July 31) only with a
Special Use Permit (FWS Form 3-1383-G).
(4) Sport fishing. We allow sport fishing on designated areas of
the refuge subject to the following conditions:
(i) We allow sport fishing (including bow fishing) by boat and ice
fishing in designated areas with the following exceptions:
(A) We close the following areas year-round: Goose Bay, Saxes Creek
and Pothole, Metcalfe Island Pothole, Long Marsh Channel, and Clark
Marsh.
(B) We close the following areas from Labor Day to December 31:
Long Marsh Bay and Long Marsh Channel.
(ii) We allow bank fishing along designated areas of Charcoal
Creek.
(iii) We prohibit taking fish with firearms.
(iv) We prohibit boat launching on the refuge with the following
exceptions: We allow launching from Louie's Landing year-round, and
from Mac's Bend boat launch area from September through December
(inclusive).
(b) Silvio O. Conte National Fish and Wildlife Refuge--(1)
Migratory game bird hunting. We allow hunting of duck, goose, coot,
crow, snipe, and American woodcock on designated areas of the refuge
subject to the following conditions:
(i) We allow disabled hunters to hunt from a vehicle that is at
least 10 feet from the traveled portion of the refuge road if the
hunter possesses a State-issued disabled hunting license and a Special
Use Permit (FWS Form 3-1383-G) issued by the refuge manager.
(ii) We allow the use of dogs consistent with State regulations,
except hunters using more than two dogs must possess a Special Use
Permit (FWS Form 3-1383-G) issued by the refuge manager.
(iii) We prohibit shooting from, over, or within 25 feet of the
traveled portion of any road that is accessible to motor vehicles.
(2) Upland game hunting. We allow hunting of coyote, fox, raccoon,
bobcat, woodchuck, red squirrel, eastern gray squirrel, porcupine,
skunk, snowshoe hare, eastern cottontail, muskrat, opossum, weasel,
pheasant, and ruffed grouse on designated areas of the refuge subject
to the following conditions:
(i) The conditions set forth at paragraphs (b)(1)(i) through (iii)
of this section apply.
(ii) At the Putney Mountain Unit, we allow the use of dogs only for
hunting ruffed grouse.
(iii) We require hunters hunting at night to possess a Special Use
Permit (FWS Form 3-1383-G) issued by the refuge manager.
(iv) We allow the training of dogs as governed by State regulations
from August 1 through the last Saturday in September during daylight
hours, if the trainer possesses a Special Use Permit (FWS Form 3-1383-
G) issued by the refuge manager.
(3) Big game hunting. We allow hunting of white-tailed deer, moose,
black bear, and wild turkey on designated areas of the refuge subject
to the following conditions:
(i) The conditions set forth at paragraphs (b)(1)(i) through (iii)
of this section apply.
(ii) You may use portable tree stands and/or blinds. You must
clearly label your tree stand(s) and/or blind(s) with your hunting
license number. You must remove your tree stand(s) and/or blind(s) no
later than 72 hours after the close of the season (see Sec. 27.93 of
this chapter).
(iii) You may retrieve moose at the Nulhegan Basin Division with
the use of a commercial moose hauler, if the hauler possesses a Special
Use Permit (FWS Form 3-1383-C) issued by the refuge manager.
(iv) We allow the training of dogs as governed by State regulations
from August 1 through September 15 during daylight hours, if the
trainer possesses a Special Use Permit (FWS Form 3-1383-G) issued by
the refuge manager.
(4) Sport fishing. We allow sport fishing on designated areas of
the refuge consistent with State regulations.
0
34. Amend Sec. 32.65 by:
0
a. Revising paragraph (c);
[[Page 48880]]
0
b. Adding paragraph (d)(4);
0
c. Revising paragraphs (e) through (k);
0
d. Redesignating paragraph (l) as (n); and
0
e. Adding new paragraphs (l) and (m).
The revisions and additions read as follows:
Sec. 32.65 Virginia.
* * * * *
(c) Eastern Shore of Virginia National Wildlife Refuge--(1)
Migratory game bird hunting. We allow hunting of waterfowl, rail,
snipe, gallinule/moorhen, coot, woodcock, dove, and crow on designated
areas of the refuge subject to the following conditions:
(i) We allow holders of a signed hunt brochure (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 signed brochure
and be actively engaged in hunting. We allow an exception 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.
(ii) Hunters may enter the refuge no earlier than 2 hours prior to
legal sunrise and must exit the refuge no later than 2 hours after
legal sunset.
(iii) In the Firearms Units only, we allow the use of dogs
consistent with State and Northampton County regulations.
(iv) We allow hunting on the refuge only from September 1 until
February 28. Hunting will follow State seasons during that period.
(v) We allow migratory bird hunting with archery and firearms in
the designated Firearms Units on the refuge in accordance with State
and County regulations.
(2) Upland game hunting. We allow hunting of rabbit, squirrel,
quail, raccoon, opossum, fox, coyote, and other nuisance species
(groundhog, European starling, English sparrow, and pigeon) on
designated areas of the refuge subject to the following conditions:
(i) The conditions set forth at paragraphs (c)(1)(i) through (iv)
of this section apply.
(ii) We allow the use of archery tackle, as defined by the State,
in designated Archery and Firearms Units.
(iii) We allow the use of firearms in accordance with State and
Northampton County regulations in the designated Firearms Units only.
(3) Big game hunting. We allow hunting of white-tailed deer and
wild turkey on designated areas of the refuge subject to the following
conditions:
(i) The conditions set forth at paragraphs (c)(1)(i), (ii), and
(iv), and (c)(2)(ii) and (iii) of this section apply.
(ii) We allow turkey hunting during the spring season only for a
mentor-led hunt.
(iii) We require the use of nontoxic ammunition when hunting turkey
in the Firearms Units.
(iv) We prohibit organized deer drives. We define a ``deer drive''
as an organized or planned effort to pursue, drive, chase, or otherwise
frighten or cause deer to move in the direction of any person(s) who is
part of the organized or planned hunt and known to be waiting for the
deer.
(v) You may not hunt, discharge a firearm, or nock an arrow or
crossbow bolt outside of the designated hunting areas.
(vi) We allow the use of portable tree stands and require removal
of the stands after each day's hunt (see Sec. 27.93 of this chapter).
(4) Sport fishing. We allow sport fishing on designated areas of
the refuge subject to the following conditions:
(i) Anglers may access the refuge to fish from shore on the Bull
Tract and Skidmore Island from \1/2\ hour before legal sunrise to \1/2\
hour after legal sunset.
(ii) Anglers may access State waters via the Wise Point Boat Ramp
on the refuge from 5 a.m. to 10 p.m.
(d) * * *
(4) Sport fishing. We allow freshwater fishing in designated areas
of the refuge subject to the following conditions:
(i) We allow fishing from nonmotorized boats only.
(ii) We prohibit the use of lead fishing tackle.
(e) Featherstone National Wildlife Refuge--(1) Migratory game bird
hunting. We allow hunting of waterfowl on designated areas of the
refuge subject to the following conditions:
(i) We allow the use of dogs consistent with State regulations.
(ii) We limit boat access to nonmotorized boats only in Farm Creek
Unit. We allow motorized boat access in Neabsco Creek Unit.
(2)-(3) [Reserved]
(4) Sport fishing. We allow sport fishing on designated areas of
the refuge subject to the following conditions:
(i) The condition set forth at paragraph (e)(1)(ii) of this section
applies.
(ii) We prohibit the use of lead fishing tackle.
(f) Fisherman Island National Wildlife Refuge--(1) Migratory game
bird hunting. We allow hunting of waterfowl, rail, snipe, gallinule/
moorhen, coot, woodcock, dove, and crow on designated areas of the
refuge subject to the following conditions:
(i) We allow the use of dogs consistent with State regulations.
(ii) We require hunters to possess and carry a signed refuge hunt
brochure when hunting.
(iii) We allow hunting and hunter access by boat only. We prohibit
hunting from land. Retrieval dogs may retrieve fallen game on shore.
(iv) We allow hunting on the refuge from September 1 until February
28. Hunting will follow State seasons during that period.
(v) Hunters may enter the refuge 2 hours before legal sunrise and
must exit the refuge no later than 2 hours after legal sunset.
(2)-(4) [Reserved]
(g) Great Dismal Swamp National Wildlife Refuge. (1) [Reserved]
(2) Upland game hunting. We allow hunting of gray squirrel and
coyote on designated areas of the refuge subject to the following
conditions:
(i) We allow hunting on Thursdays, Fridays, and Saturdays only.
(ii) You must possess and carry a signed refuge permit (FWS Form 3-
2439).
(3) Big game hunting. We allow hunting of white-tailed deer, wild
turkey, and black bear on designated areas of the refuge subject to the
following conditions:
(i) The conditions set forth at paragraphs (g)(2)(i) and (ii) of
this section apply.
(ii) We require the use of nontoxic ammunition for hunting wild
turkey.
(4) Sport fishing. We allow sport fishing on designated areas of
the refuge subject to the following conditions:
(i) We allow fishing in Lake Drummond from a boat (maximum 25
horsepower) and from the piers at Washington Ditch Road and Interior
Ditch Road.
(ii) We prohibit fishing from the ditch banks on the refuge.
(iii) We require a Special Use Permit (FWS Form 3-1383-G) for
vehicular access to the boat ramp on Interior Ditch Road on the west
side of Lake Drummond.
(h) James River National Wildlife Refuge. (1) [Reserved]
(2) Upland game hunting. We allow hunting of rabbit, squirrel, and
coyote on designated areas of the refuge subject to the following
conditions:
(i) We only allow the hunting and take of coyote concurrently
during the refuge deer hunting season.
(ii) We allow rabbit and squirrel hunting only during the mentor-
led hunt.
(iii) We prohibit the use of pursuit dogs.
[[Page 48881]]
(3) Big game hunting. We allow hunting of white-tailed deer and
wild turkey on designated areas of the refuge subject to the following
conditions:
(i) The condition set forth at paragraph (h)(2)(iii) of this
section applies.
(ii) We require spring turkey hunters to possess and carry a refuge
hunting permit (FWS Form 3-2439).
(iii) Hunters may enter the refuge no earlier than 1 hour prior to
the start of legal shooting time and must exit the refuge no later than
1 hour after the end of legal shooting time.
(iv) We require the use of nontoxic ammunition when hunting spring
wild turkey.
(v) Hunters using a muzzleloader must hunt from a stand elevated 10
feet (3 meters) or more above the ground.
(vi) We prohibit organized deer drives. We define a ``deer drive''
as an organized or planned effort to pursue, drive, chase, or otherwise
frighten or cause deer to move in the direction of any person(s) who is
part of the organized or planned hunt and known to be waiting for the
deer.
(4) Sport fishing. We allow fishing on designated areas of the
refuge subject to the following conditions:
(i) We allow fishing access each day from legal sunrise to legal
sunset.
(ii) We allow fishing only by use of one or more attended poles
with hook and line attached. We prohibit all other fishing methods and
means.
(iii) We prohibit the use of lead fishing tackle.
(iv) We prohibit the use of minnows as bait.
(i) Mackay Island National Wildlife Refuge. Refer to Sec. 32.52(e)
for regulations.
(j) Occoquan Bay National Wildlife Refuge. (1) [Reserved]
(2) Upland game hunting. We allow hunting of coyote and fox on
designated areas of the refuge subject to the following condition: We
only allow the incidental take of coyote and fox during the refuge deer
hunting season.
(3) Big game hunting. We allow hunting of white-tailed deer and
wild turkey on designated areas of the refuge subject to the following
conditions:
(i) With the exception of mentored hunt participants, white-tailed
deer hunters must possess and carry a signed refuge permit (FWS Form 3-
2439) and be selected in the refuge lottery to hunt.
(ii) We only allow shotguns with slugs during the firearm season.
(iii) We prohibit organized deer drives. We define a ``deer drive''
as an organized or planned effort to pursue, drive, chase, or otherwise
frighten or cause deer to move in the direction of any person(s) who is
part of the organized or planned hunt and known to be waiting for the
deer.
(iv) We prohibit the use of pursuit dogs when hunting deer.
(v) We require the use of nontoxic ammunition when hunting wild
turkey.
(vi) Hunters must certify and qualify weapons and ammunition at a
refuge-approved range and view the refuge orientation session online
prior to issuance of a refuge permit (FWS Form 3-2439).
(vii) Wild turkey hunting is a mentor-led hunt only.
(4) Sport fishing. We allow sport fishing on designated areas of
the refuge subject to the following conditions:
(i) We allow boat access by nonmotorized boats only.
(ii) We prohibit the use of lead fishing tackle.
(k) Plum Tree Island National Wildlife Refuge--(1) Migratory game
bird hunting. We allow hunting of migratory waterfowl and coot on
designated areas of the refuge subject to the following conditions:
(i) You must hunt from a designated refuge blind.
(ii) We allow the use of dogs consistent with State regulations.
(2)-(3) [Reserved]
(4) Sport fishing. We allow fishing in designated areas of the
refuge subject to the following conditions:
(i) We allow fishing access April 1 through August 31, from legal
sunrise to legal sunset.
(ii) We prohibit shoreline fishing. We allow fishing only from
boats untethered to refuge lands, or from designated blinds.
(iii) We allow fishing only by use of one or more attended poles
with hook and line attached. We prohibit all other fishing methods and
means.
(iv) We prohibit the use of lead fishing tackle.
(l) Presquile National Wildlife Refuge. (1) [Reserved]
(2) Upland game hunting. We allow hunting of coyote on designated
areas of the refuge subject to the following conditions:
(i) Hunters may enter the refuge no earlier than 2 hours prior to
the start of legal shooting time and must exit the refuge no later than
2 hours after the end of legal shooting time.
(ii) We only allow the hunting and take of coyote concurrently
during the refuge deer hunting season.
(iii) We require hunters to dock their boats at designated
locations on the refuge.
(3) Big game hunting. We allow hunting of white-tailed deer on
designated areas of the refuge subject to the following conditions:
(i) The condition set forth at paragraph (l)(2)(iii) of this
section applies.
(ii) We prohibit the use of pursuit dogs when hunting white-tailed
deer.
(iii) We require big game hunters to obtain a permit through a
lottery administered by a third-party contractor.
(iv) We prohibit organized deer drives. We define a ``deer drive''
as an organized or planned effort to pursue, drive, chase, or otherwise
frighten or cause deer to move in the direction of any person(s) who is
part of the organized or planned hunt and known to be waiting for the
deer.
(4) Sport fishing. We allow fishing on designated areas of the
refuge subject to the following conditions:
(i) We allow fishing access each day from legal sunrise to legal
sunset.
(ii) We prohibit bank fishing. We allow fishing only from boats
untethered to refuge lands.
(iii) We allow fishing only by use of one or more attended poles
with hook and line attached. We prohibit all other fishing methods and
means.
(iv) We prohibit the use of minnows as bait.
(v) We prohibit the use of lead fishing tackle.
(m) Rappahannock River Valley National Wildlife Refuge. (1)
[Reserved]
(2) Upland game hunting. We allow hunting of coyote, rabbit, and
squirrel on designated areas of the refuge subject to the following
conditions:
(i) We prohibit the use of pursuit dogs.
(ii) We only allow the hunting and take of coyote concurrently
during the refuge deer hunting season.
(3) Big game hunting. We allow hunting of white-tailed deer and
wild turkey on designated areas of the refuge subject to the following
conditions:
(i) The condition set forth at paragraph (m)(2)(i) of this section
applies.
(ii) We require the use of nontoxic ammunition when hunting spring
wild turkey.
(iii) In designated areas and for the spring turkey hunt, we
require hunters to possess and carry a refuge hunting permit (FWS Form
3-2439).
(iv) Hunters may enter the refuge no earlier than 1 hour prior to
the start of legal shooting time and must exit the refuge no later than
1 hour after the end of legal shooting time.
(v) We prohibit organized deer drives. We define a ``deer drive''
as an organized or planned effort to pursue, drive, chase, or otherwise
frighten or cause deer to move in the direction of any person(s) who is
part of the
[[Page 48882]]
organized or planned hunt and known to be waiting for the deer.
(4) Sport fishing. We allow sport fishing on designated areas of
the refuge subject to the following conditions:
(i) We allow fishing access each day from legal sunrise to legal
sunset.
(ii) During the period when the refuge is open for hunting, we may
close hunting areas to all other uses, including sport fishing.
(iii) We allow fishing only by use of one or more attended poles
with hook and line attached. We prohibit all other fishing methods and
means.
(iv) We prohibit the use of lead fishing tackle in freshwater
ponds, including Wilna Pond and Laurel Grove Pond.
(v) We require catch-and-release fishing for largemouth bass in
freshwater ponds, including Wilna Pond and Laurel Grove Pond. Anglers
may take other finfish species as governed by State regulations.
(vi) We prohibit the use of minnows as bait.
(vii) We prohibit the use of boats propelled by gasoline motors,
sail, or mechanically operated paddle wheel while fishing.
* * * * *
0
35. Amend Sec. 32.66 by revising paragraphs (f)(3)(v), (i)(1)(iv), (x)
and (xi) to read as follows:
Sec. 32.66 Washington.
* * * * *
(f) * * *
(3) * * *
(v) We require hunters to sign in and out each day at the refuge
headquarters. When signing out for the day, you must report hunting
success or failure, and any hit-but-not-retrieved animals on the
Harvest Report (FWS Form 3-2542).
* * * * *
(i) * * *
(1) * * *
(iv) Prior to entering the hunt area, you must check in at the
refuge check station, and obtain a Harvest Report (FWS Form 3-2542).
You must carry the Harvest Report while hunting as proof of blind
assignment and user fee payment.
* * * * *
(x) Prior to switching blinds, you must first report to the refuge
check station to obtain a new blind assignment. You must submit an
accurate Harvest Report (FWS Form 3-2542) for the blind being vacated,
and obtain a new Harvest Report for the new blind.
(xi) Prior to leaving the hunt area, you must check out at the
refuge check station, submit an accurate Harvest Report (FWS Form 3-
2542), and present all harvested birds for inspection by check station
personnel.
* * * * *
0
36. Amend Sec. 32.67 by revising paragraphs (b)(2) and (3) to read as
follows:
Sec. 32.67 West Virginia.
* * * * *
(b) * * *
(2) Upland game hunting. We allow hunting of squirrel, Eastern
cottontail rabbit, red and gray fox, coyote, bobcat, opossum, raccoon,
skunk, woodchuck, weasel, ruffed grouse, quail, pheasant, and crow on
designated areas of the refuge subject to the following condition: The
conditions set forth at paragraphs (b)(1)(i) through (iii) of this
section apply.
(3) Big game hunting. We allow hunting of white-tailed deer, wild
turkey, and black bear on designated areas of the refuge subject to the
following conditions:
(i) The conditions set forth at paragraphs (b)(1)(i) and (ii) of
this section apply.
(ii) We only allow the use of archery equipment.
(iii) We prohibit organized deer drives. We define a ``deer drive''
as an organized or planned effort to pursue, drive, chase, or otherwise
frighten or cause deer to move in the direction of any person(s) who is
part of the organized or planned hunt and known to be waiting for the
deer.
(iv) You must label portable tree stands with your last name and
State license number. You may erect your stand(s) on the first day of
the hunting season. You must remove your stand(s) by the last day of
the hunting season (see Sec. 27.93 of this chapter).
* * * * *
0
37. Amend Sec. 32.68 by:
0
a. Revising paragraphs (c) and (f)(1);
0
b. Adding paragraph (f)(2)(vi); and
0
c. Revising paragraph (f)(3) and (4).
The revisions and addition read as follows:
Sec. 32.68 Wisconsin.
* * * * *
(c) Hackmatack National Wildlife Refuge. Refer to Sec. 32.32(f)
for regulations.
* * * * *
(f) * * * (1) Migratory game bird hunting. We allow hunting of
duck, goose, coot, merganser, dove, moorhen/gallinule, rail, snipe, and
woodcock on designated areas of the refuge subject to the following
conditions:
(i) Hunters 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.
(ii) You must remove all boats, decoys, blinds, blind materials,
stands, platforms, and other hunting equipment (see Sec. Sec. 27.93
and 27.94 of this chapter) brought onto the refuge at the end of each
day's hunt.
(iii) We allow the use of dogs while hunting, provided the dog is
under the immediate control of the hunter at all times.
(iv) We prohibit hunting or shooting within 50 feet (15 meters (m))
of the centerline of all public roads, service roads, and trails, and
around parking lots. It is considered hunting if you have a loaded
weapon, if you have a nocked arrow while bow hunting, or if you are in
an elevated tree stand or ground blind with a means to take, within
these areas.
(2) * * *
(vi) The conditions set forth at paragraphs (f)(1)(i), (ii), and
(iv) of this section apply.
(3) Big game hunting. We allow hunting of white-tailed deer on
designated areas of the refuge subject to the following conditions:
(i) The conditions set forth at paragraphs (f)(1)(i) and (iv) of
this section apply.
(ii) You may use portable elevated devices, but you must lower them
to ground level at the close of shooting hours each day. You must
remove all blinds, stands, platforms, and ladders from the refuge at
the end of the hunting season (see Sec. Sec. 27.93 and 27.94 of this
chapter).
(iii) You must clearly mark all non-natural blinds, stands,
platforms, and ladders on the exterior with the hunter's Wisconsin
Department of Natural Resources customer identification number.
(iv) We open Refuge Area 2 to deer hunting during the State
archery, gun, and muzzleloader seasons, except that we close Refuge
Area 2 to deer hunting during any early State antlerless-only hunts.
(v) We open Refuge Area 3 to deer hunting during the State regular
gun, muzzleloader, and late archery seasons. Unarmed deer hunters may
enter Refuge Area 3 to scout beginning the Saturday prior to the gun
deer season.
(vi) You must remove flagging used during hunting by the close of
the archery deer season (see Sec. Sec. 27.93 and 27.94 of this
chapter).
(vii) Any ground blind used during any gun deer season must display
at least 144 square inches (929 square centimeters) of solid-blaze-
orange or fluorescent pink material visible from all directions.
[[Page 48883]]
(4) Sport fishing. We allow sport fishing on designated areas of
the refuge subject to the following conditions:
(i) Fishing areas are open from 30 minutes prior to legal sunrise
to 30 minutes after legal sunset during refuge-specific seasons.
(ii) We allow use of nonmotorized boats in Sprague-Goose pools only
when we open these pools to fishing.
(iii) We allow motorized boats in Suk Cerney Pool.
(iv) We allow fishing by hook and line only.
(v) We prohibit the taking of any mussel (clam), crayfish, frog,
leech, or turtle species by any method on the refuge (see Sec. 27.21
of this chapter).
* * * * *
0
38. Amend Sec. 32.69 by revising paragraph (d)(3) to read as follows:
Sec. 32.69 Wyoming.
* * * * *
(d) * * *
(3) Big game hunting. We allow hunting of elk, pronghorn, white-
tailed deer, and bison on designated areas of the refuge subject to the
following conditions:
(i) We require refuge permits (issued by State of Wyoming).
(ii) We prohibit shooting from or across refuge roads and parking
areas.
(iii) We allow hunting of pronghorn with a firearm in Pronghorn
Hunt Area 1 from September 10 through October 31, and in Pronghorn Hunt
Area 2 from October 1 through 31.
(iv) We allow archery hunting of pronghorn in Pronghorn Hunt Area 1
in accordance with State seasons and regulations.
(v) We allow hunting of white-tailed deer with a firearm in the
White-tailed Deer Hunt Area from September 15 through October 30.
(vi) We allow archery hunting of white-tailed deer in the White-
tailed Deer Hunt Area in accordance with State seasons and regulations.
(vii) The refuge hunt brochure will specify the type of ammunition
approved for hunting on the refuge.
* * * * *
SUBCHAPTER E--MANAGEMENT OF FISHERIES CONSERVATION AREAS
PART 71--HUNTING AND SPORT FISHING ON NATIONAL FISH HATCHERIES
0
39. The authority citation for part 71 continues to read as follows:
Authority: Sec. 4, Pub. L. 73-121, 48 Stat. 402, as amended;
sec. 4, Pub. L. 87-714, 76 Stat. 654; 5 U.S.C. 301; 16 U.S.C. 460k,
664, 668dd, 1534.
Sec. 71.11 [Amended]
0
40. Amend Sec. 71.11 by:
0
a. In paragraph (c)(4), removing the words ``Sec. 71.12(k)'' and
adding in their place the words ``Sec. 71.12(l)'';
0
b. In paragraph (d)(4), removing the words ``Sec. 71.12(l)'' and
adding in their place the words ``Sec. 71.12(m)'';
0
c. In paragraph (e)(4), removing the words ``Sec. 71.12(m)'' and
adding in their place the words ``Sec. 71.12(n)''; and
0
d. In paragraph (g)(4), removing the words ``Sec. 71.12(o)'' and
adding in their place the words ``Sec. 71.12(p)''.
0
41. Amend Sec. 71.12 by:
0
a. Redesignating paragraphs (g) through (r) as paragraphs (h) through
(s); and
0
b. Adding a new paragraph (g).
The addition reads as follows:
Sec. 71.12 National fish hatcheries open for sport fishing.
* * * * *
(g) Green Lake National Fish Hatchery. We allow sport fishing on
designated areas of the hatchery.
* * * * *
Maureen D. Foster,
Chief of Staff, Office of the Assistant Secretary for Fish and Wildlife
and Parks.
[FR Doc. 2021-18426 Filed 8-30-21; 8:45 am]
BILLING CODE 4333-15-P