National Wildlife Refuge System; 2023-2024 Station-Specific Hunting and Sport Fishing Regulations, 41058-41066 [2023-13360]

Agencies

• Fish and Wildlife Service
• DEPARTMENT OF THE INTERIOR

[Federal Register Volume 88, Number 120 (Friday, June 23, 2023)]
[Proposed Rules]
[Pages 41058-41066]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-13360]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 32

[Docket No. FWS-HQ-NWRS-2023-0038; FXRS12610900000-234-FF09R20000]
RIN 1018-BG71


National Wildlife Refuge System; 2023-2024 Station-Specific 
Hunting and Sport Fishing Regulations

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule.

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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), propose to 
expand hunting opportunities on three National Wildlife Refuges (NWRs). 
We also propose to make 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. 
Finally, the best available science, analyzed as part of this proposed 
rulemaking, indicates that lead ammunition and tackle have negative 
impacts on both wildlife and human health. In this proposed rule, 
Blackwater, Chincoteague, Eastern Neck, Erie, Great Thicket, Patuxent 
Research Refuge, Rachel Carson, and Wallops Island NWRs are each 
proposing a non-lead requirement, which would take effect on September 
1, 2026, if we adopt them as part of a final rule. While the Service 
continues to evaluate the future of lead use in hunting and fishing on 
Service lands and waters, this rulemaking does not include any 
opportunities proposing to increase or authorize the new use of lead 
beyond fall 2026.

DATES: We will accept comments received or postmarked on or before 
August 22, 2023.

ADDRESSES: 
    Written comments: You may submit comments by one of the following 
methods:
     Electronically: Go to the Federal eRulemaking Portal: 
https://www.regulations.gov. In the Search box, type in FWS-HQ-NWRS-
2023-0038, which is the docket number for this rulemaking. Then, click 
on the Search button. On the resulting screen, find the correct 
document and submit a comment by clicking on ``Comment.''
     By hard copy: Submit by U.S. mail or hand delivery: Public 
Comments Processing, Attn: FWS-HQ-NWRS-2023-0038, U.S. Fish and 
Wildlife Service, 5275 Leesburg Pike, MS: PRB (JAO/3W), Falls Church, 
VA 22041-3803.
    We will not accept email or faxes. We will post all comments on 
https://www.regulations.gov. This generally means that we will post any 
personal information you provide us (see Request for Comments, below, 
for more information).
    Supporting documents: For information on a specific refuge's or 
hatchery's public use program and the conditions that apply to it, 
contact the respective regional office at the address or phone number 
given in Available Information for Specific Stations under 
SUPPLEMENTARY INFORMATION.

FOR FURTHER INFORMATION CONTACT: Kate Harrigan, (703) 358-2440. 
Individuals in the United States who are deaf, deafblind, hard of 
hearing, or have a speech disability may dial 711 (TTY, TDD, or 
TeleBraille) to access telecommunications relay services. Individuals 
outside the United States should use the relay services offered within 
their country to make international calls to the point-of-contact in 
the United States.

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 (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

[[Page 41059]]

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 to meet 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 (Recreation Act; 16 U.S.C. 460k-460k-4) 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 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 and step-down management plans, and by annual review of hunting 
and sport fishing programs and regulations.

Proposed Amendments to Existing Regulations

Updates to Hunting and Fishing Opportunities on NWRs

    This document proposes to codify in the Code of Federal Regulations 
all the Service's hunting and/or sport fishing regulations that we 
would update since the last time we published a rule amending these 
regulations (87 FR 57108; September 16, 2022) and that are applicable 
at Refuge System units previously opened to hunting and/or sport 
fishing. We propose this to better inform the general public of the 
regulations at each station, to increase understanding and compliance 
with these regulations, and to make enforcement of these regulations 
more efficient. In addition to finding these regulations in 50 CFR 
parts 32, visitors to our stations may find them reiterated in 
literature distributed by each station or posted on signs.

                                          Table 1--Proposed Changes for 2023-2024 Hunting/Sport Fishing Season
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              Station                         State          Migratory bird hunting   Upland game hunting      Big game hunting        Sport fishing
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Cahaba River NWR...................  Alabama...............  Closed................  Already Open.........  E....................  Already Open.
Everglades Headwaters NWR..........  Florida...............  E.....................  E....................  E....................  Closed.

[[Page 41060]]

 
Minnesota Valley NWR...............  Minnesota.............  E.....................  E....................  E....................  Already Open.
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Key:
E = Expansion (Station is already open to the activity: the proposed rule would add new lands/waters, modify areas open to hunting or fishing, extend
  season dates, add a targeted hunt, modify season dates, modify hunting hours, etc.)

    The changes for the 2023-2024 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.
    The Service remains concerned that lead is an important issue, and 
we will continue to appropriately evaluate and regulate the use of lead 
ammunition and tackle on Service lands and waters. The Service has 
initiated stakeholder engagement to implement a deliberate, open, and 
transparent process of evaluating the future of lead use on Service 
lands and waters, working with our State partners, and seeking input 
and recommendations from the Hunting and Wildlife Conservation Council, 
other stakeholders, and the public. The best available science, 
analyzed as part of this proposed rulemaking, indicates that lead 
ammunition and tackle have negative impacts on both wildlife and human 
health. Based on the best available science and sound professional 
judgment, where appropriate, the Service may propose to require the use 
of non-lead ammunition and tackle on Service lands and waters, as we 
have done in certain cases already. While the Service continues to 
evaluate the future of lead use in hunting and fishing on Service lands 
and waters, we will continue to work with stakeholders and the public 
to evaluate lead use through the annual rulemaking process. In the 
interim, we will not allow for any increase in lead use on Service 
lands and waters. Therefore, this rule does not include any 
opportunities proposing to increase or authorize the new use of lead. 
Minnesota Valley NWR already requires non-lead ammunition for the 
migratory bird and upland game hunting opportunities proposed to be 
expanded, and the refuge's proposed expansion of the big game hunt 
involves only archery deer hunting, which does not involve lead 
ammunition, as part of a special hunt program. Cahaba River NWR is 
proposing to expand archery deer hunting, which does not involve lead 
ammunition. Everglades Headwaters NWR is proposing to expand existing 
migratory game bird, upland game, and big game hunting to new acres 
that will require the use of non-lead ammunition immediately in the 
fall 2023 season; the proposed rule would require non-lead ammunition 
only within the newly expanded acres for hunting on the refuge. This 
proposed restriction on lead ammunition has been developed in 
coordination with the State of Florida's Fish and Wildlife Conservation 
Commission. As we noted in our September 16, 2022, final rule (87 FR 
57108), in this proposed rule, Blackwater, Chincoteague, Eastern Neck, 
Erie, Great Thicket, Patuxent Research Refuge, Rachel Carson, and 
Wallops Island NWRs are proposing a non-lead equipment requirement, 
which would be effective on September 1, 2026, if we adopt the 
provisions in a final rule. Specifically, all eight refuges would 
require the use of non-lead ammunition by fall 2026, and seven of the 
eight, excepting Chincoteague, would require the use of non-lead tackle 
by fall 2026 as well.
    The Service is also providing a supplemental opportunity for public 
comment on regulatory provisions regarding use of dogs on the Silvio O. 
Conte National Fish and Wildlife Refuge in Vermont and New Hampshire 
that were promulgated in 2021 (see 86 FR 48822; August 31, 2021). The 
Service's preference in evaluating these 2021 regulatory changes is to 
allow dog training on the refuge from August 1 to the last Saturday in 
September. The Service would not require a permit for dog training or 
hunting with more than two dogs. The Service would only allow the use 
of dogs on the Putney Mountain Unit to hunt ruffed grouse, fall turkey, 
squirrel, and woodcock (see the proposed revisions to 50 CFR 32.64 in 
the rule portion of this document). We recently sought public review 
and comment on an update to the refuge's 2023 hunting and fishing plan 
and a supplemental environmental assessment (EA) that provided 
description and analysis of the provisions regarding use of dogs. That 
comment period ended on May 25, 2023. The Service considered those 
comments and used them to inform the decision in the finding of no 
significant impact associated with the supplemental EA. Comments made 
on this proposed rule pertaining to dog use and removal of the permit 
requirements related to dogs on the Silvio O. Conte Refuge will also be 
duly considered. If we receive compelling information or data that 
leads us to conclude that the relevant regulatory provisions should be 
removed or revised, then we may take that action in the final rule.

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.

Request for Comments

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

Required Determinations

Clarity of This Proposed Rule

    Executive Orders 12866 and 12988 and the Presidential Memorandum of 
June 1, 1998, require us to write all rules

[[Page 41061]]

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

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.) 14094 reaffirms the principles of E.O. 12866 
and E.O 13563 and states that regulatory analysis should facilitate 
agency efforts to develop regulations that serve the public interest, 
advance statutory objectives, and are consistent with E.O. 12866, E.O. 
13563, and the Presidential Memorandum of January 20, 2021 (Modernizing 
Regulatory Review). Regulatory analysis, as practicable and 
appropriate, shall recognize distributive impacts and equity, to the 
extent permitted by law. E.O. 13563 emphasizes further that regulations 
must be based on the best available science and that the rulemaking 
process must allow for public participation and an open exchange of 
ideas. We have developed this rule in a manner consistent with these 
requirements.

Regulatory Flexibility Act

    Under the Regulatory Flexibility Act (as amended by the Small 
Business Regulatory Enforcement Fairness Act [SBREFA] of 1996) (5 
U.S.C. 601 et seq.), whenever a Federal agency is required to publish a 
notice of rulemaking for any proposed or final rule, it must prepare 
and make available for public comment a regulatory flexibility analysis 
that describes the effect of the rule on small entities (i.e., small 
businesses, small organizations, and small government jurisdictions). 
However, no regulatory flexibility analysis is required if the head of 
an agency certifies that the rule 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 proposed rule would open or expand hunting on three NWRs. 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 586 user days (one person per day 
participating in a recreational opportunity; see table 2). Because the 
participation trend is flat in these activities, 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 2023-2024
                                           [2022 Dollars in thousands]
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                                                                    Additional      Additional      Additional
                             Station                               hunting days    fishing days    expenditures
----------------------------------------------------------------------------------------------------------------
Cahaba River NWR................................................             120  ..............              $4
Everglades Headwaters NWR.......................................             225  ..............               9
Minnesota Valley NWR............................................             241  ..............               9
                                                                 -----------------------------------------------
    Total.......................................................             586  ..............              22
----------------------------------------------------------------------------------------------------------------

    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 yields approximately 
$22,000 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 $56,000 (2022 dollars) (Southwick Associates, 
Inc., 2018).
    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 $56,000 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 $22,000 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 establishments in 
the local communities around NWRs 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

[[Page 41062]]

substantial number of small entities in any region or nationally. As 
noted previously, we expect at most $22,000 to be spent in total in the 
refuges' local economies. The maximum increase will be less than one-
tenth of 1 percent for local retail trade spending (see table 3, 
below). Table 3 does not include entries for those NWRs for which we 
project no changes in recreation opportunities in 2023-2024; see table 
2, above.

                     Table 3--Comparative Expenditures for Retail Trade Associated With Additional Station Visitation for 2023-2024
                                                                [Thousands, 2022 dollars]
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                                                                                  Estimated                                              Establishments
                                                            Retail trade  in  maximum  addition  Addition as %  of    Establishments    with fewer than
                   Station/county(ies)                          2017 \1\          from  new            total           in 2017 \1\      10 employees  in
                                                                                  activities                                                  2017
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Cahaba River:
    Bibb, AL.............................................           $143,008                 $5               <0.1                 52                 39
Everglades Headwaters:
    Hardee, FL...........................................            223,259                  3               <0.1                 75                 63
    Highlands, FL........................................          1,505,788                  3               <0.1                342                246
    Polk, FL.............................................          9,949,483                  3               <0.1              1,814              1,276
Minnesota Valley:
    Carver, MN...........................................          1,116,550                  5               <0.1                220                142
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1 U.S. Census Bureau.

    With the small change in overall spending anticipated from this 
proposed rule, it is unlikely that a substantial number of small 
entities will have more than a small impact from the spending change 
near the affected stations. Therefore, we certify that this rule, as 
proposed, 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.

Congressional Review Act

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

Unfunded Mandates Reform Act

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

Takings (E.O. 12630)

    In accordance with E.O. 12630, this proposed rule would not have 
significant takings implications. This proposed rule would affect only 
visitors at NWRs and would describe 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 proposed rule would not have 
sufficient federalism implications to warrant the preparation of a 
federalism summary impact statement under E.O. 13132. In preparing this 
proposed rule, we worked with State governments.

Civil Justice Reform (E.O. 12988)

    In accordance with E.O. 12988, the Department of the Interior has 
determined that this proposed rule would not unduly burden the judicial 
system and that it meets the requirements of sections 3(a) and 3(b)(2) 
of the Order.

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, or use. E.O. 
13211 requires agencies to prepare statements of energy effects when 
undertaking certain actions. Because this proposed rule would expand 
hunting at two NWRs, it is not a significant regulatory action under 
E.O. 12866, and we do not expect it to significantly affect energy 
supplies, distribution, or use. Therefore, this action is not a 
significant energy action, and no statement of energy effects is 
required.

Consultation and Coordination With Indian Tribal Governments (E.O. 
13175)

    In accordance with E.O. 13175, we have evaluated possible effects 
on federally recognized Indian Tribes and have determined that there 
are no effects. We coordinate recreational use on NWRs and National 
Fish Hatcheries with Tribal governments having

[[Page 41063]]

adjoining or overlapping jurisdiction before we propose the 
regulations.

Paperwork Reduction Act (PRA)

    This rule does not contain any new collections of information that 
require approval by the Office of Management and Budget (OMB) under the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). OMB 
previously approved the information collection requirements associated 
with application and reporting requirements associated with hunting and 
sport fishing and assigned OMB Control Number 1018-0140 (expires 09/30/
2025). An agency may not conduct or sponsor, and a person is not 
required to respond to, a collection of information unless it displays 
a currently valid OMB control number.

Endangered Species Act Section 7 Consultation

    We comply with section 7 of the Endangered Species Act of 1973, as 
amended (16 U.S.C. 1531 et seq.), when developing comprehensive 
conservation plans and step-down management plans--which would include 
hunting and/or fishing plans--for public use of refuges and hatcheries, 
and prior to implementing any new or revised public recreation program 
on a station as identified in 50 CFR 26.32. We complied with section 7 
for each of the stations affected by this proposed rulemaking.

National Environmental Policy Act

    We analyzed this proposed rule in accordance with the criteria of 
the National Environmental Policy Act of 1969 (NEPA; 42 U.S.C. 
4332(C)), 43 CFR part 46, and 516 Departmental Manual (DM) 8.
    A categorical exclusion from NEPA documentation applies to 
publication of proposed amendments to 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 
proposed rulemaking, we have complied with NEPA at the project level 
when developing each proposal. This is consistent with the Department 
of the Interior instructions for compliance with NEPA where actions are 
covered sufficiently by an earlier environmental document (43 CFR 
46.120).
    Prior to the addition of a refuge 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 proposed 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 at 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 and Territories 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

    Kate Harrigan, Division of Natural Resources and Conservation 
Planning, National Wildlife Refuge System, is the primary author of 
this rulemaking document.

List of Subjects in 50 CFR Part 32

    Fishing, Hunting, Reporting and recordkeeping requirements, 
Wildlife, Wildlife refuges.

Proposed Regulation Promulgation

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

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.  32.24 by revising paragraphs (s)(1)(iv) and (vi) to read 
as follows:


Sec.  32.24  California.

* * * * *
    (s) * * *
    (1) * * *
    (iv) We restrict hunters in the spaced zone area of the East Bear 
Creek Unit and West Bear Creek Unit to their assigned zone except when 
they are traveling to and from the parking area, retrieving downed 
birds, or pursuing crippled birds.
* * * * *
    (vi) We require State-issued Type A area permits for accessing the 
Freitas Unit on Wednesdays, Saturdays, and Sundays.
* * * * *

[[Page 41064]]

0
3. Amend Sec.  32.28 by revising paragraphs (e)(2) and (3) to read as 
follows:


Sec.  32.28  Florida.

* * * * *
    (e) * * *
    (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 and the following 
condition: We require the use of non-lead ammunition when hunting 
upland game and the incidental take of nonnative wildlife on the 
Corrigan Ranch/Okeechobee Unit.
    (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 and the following condition: We 
require the use of non-lead ammunition when hunting big game and the 
incidental take of nonnative wildlife on the Corrigan Ranch/Okeechobee 
Unit.
* * * * *
0
4. Amend Sec.  32.35 by revising paragraph (a)(1)(v) to read as 
follows:


Sec.  32.35  Kansas.

* * * * *
    (a) * * *
    (1) * * *
    (v) We close the Neosho River and refuge lands north of the Neosho 
River to all hunting from November 1 through March 1.
* * * * *
0
5. Amend Sec.  32.38 by:
0
a. Adding paragraph (b)(1)(v);
0
b. Revising paragraphs (b)(2)(i) and (3)(i);
0
c. Adding paragraph (f)(1)(v); and
0
d. Revising paragraphs (f)(2)(i), (3)(i), and (4)(ii).
    The additions and revisions read as follows:


Sec.  32.38  Maine.

* * * * *
    (b) * * *
    (1) * * *
    (v) You may only use or possess approved non-lead shot shells, 
ammunition, and tackle while in the field (see Sec.  32.2(k)).
    (2) * * *
    (i) The conditions set forth at paragraphs (b)(1)(i) through (iii) 
and (v) of this section apply.
* * * * *
    (3) * * *
    (i) The conditions set forth at paragraphs (b)(1)(i) through (iii) 
and (v) of this section apply.
* * * * *
    (f) * * *
    (1) * * *
    (v) You may only use or possess approved non-lead shot shells, 
ammunition, and tackle while in the field (see Sec.  32.2(k)).
    (2) * * *
    (i) The conditions set forth at paragraphs (f)(1)(i), (iii), and 
(v) of this section apply.
* * * * *
    (3) * * *
    (i) The conditions as set forth at paragraphs (f)(1)(i), (iv), and 
(v) of this section apply.
* * * * *
    (4) * * *
    (ii) The condition set forth at paragraph (f)(1)(v) of this section 
applies.
* * * * *
0
6. Amend Sec.  32.39 by:
0
a. Adding paragraph (a)(1)(iv);
0
b. Revising paragraph (a)(2)(i);
0
c. Adding paragraphs (a)(3)(vi), (4)(iii), (b)(2)(iv), (3)(iv), 
(4)(iii), and (c)(1)(v); and
0
d. Revising paragraphs (c)(2), (3)(i), and (4).
    The additions and revisions read as follows:


Sec.  32.39  Maryland.

* * * * *
    (a) * * *
    (1) * * *
    (iv) You may only use or possess approved non-lead shot shells, 
ammunition, and tackle while in the field (see Sec.  32.2(k)).
    (2) * * *
    (i) The conditions set forth at paragraphs (a)(1)(iv) and (a)(3)(i) 
through (v) of this section apply.
* * * * *
    (3) * * *
    (vi) The condition set forth at paragraph (a)(1)(iv) of this 
section applies.
    (4) * * *
    (iii) The condition set forth at paragraph (a)(1)(iv) of this 
section applies.
    (b) * * *
    (2) * * *
    (iv) You may only use or possess approved non-lead shot shells, 
ammunition, and tackle while in the field (see Sec.  32.2(k)).
    (3) * * *
    (iv) The condition set forth at paragraph (b)(2)(iv) of this 
section applies.
    (4) * * *
    (iii) The condition set forth at paragraph (b)(2)(iv) of this 
section applies.
    (c) * * *
    (1) * * *
    (v) You may only use or possess approved non-lead shot shells, 
ammunition, and tackle while in the field (see Sec.  32.2(k)).
    (2) Upland game hunting. We allow hunting of gray squirrel, eastern 
cottontail rabbit, and woodchuck on designated areas of the refuge 
subject to the following condition: The conditions set forth at 
paragraphs (c)(1)(i) through (iii) and (v) of this section apply.
    (3) * * *
    (i) The conditions set forth at paragraphs (c)(1)(i), (ii), and (v) 
of this section apply.
* * * * *
    (4) Sport fishing. We allow sport fishing on designated areas of 
the refuge subject to the following condition: The condition set forth 
at paragraph (c)(1)(v) of this section applies.
* * * * *
0
7. Amend Sec.  32.40 by:
0
a. Adding paragraph (a)(4)(iii); and
0
b. Revising paragraphs (b)(4) and (f)(4).
    The addition and revisions read as follows:


Sec.  32.40  Massachusetts.

* * * * *
    (a) * * *
    (4) * * *
    (iii) We allow fishing from legal sunrise to legal sunset.
    (b) * * *
    (4) Sport Fishing. We allow sport fishing on designated areas of 
the refuge from legal sunrise to legal sunset.
* * * * *
    (f) * * *
    (4) Sport Fishing. We allow sport fishing on designated areas of 
the refuge from legal sunrise to legal sunset.
* * * * *
0
8. Amend Sec.  32.47 by:
0
a. Revising paragraphs (d)(1)(i) and (iii);
0
b. Adding paragraphs (d)(1)(iv) and (v); and
0
c. Revising paragraph (d)(2)(iii).
    The revisions and addition read as follows:


Sec.  32.47  Nevada.

* * * * *
    (d) * * *
    (1) * * *
    (i) We allow hunting on designated days. We prohibit any migratory 
game bird hunting after January 31.
* * * * *
    (iii) From October 1 to February 1, you may only be in possession 
of or use 25 or fewer shot shells per hunt day.

[[Page 41065]]

    (iv) We only allow hunters to use watercraft to travel to and from 
their hunting location for each day's hunt. Watercraft must be 
completely immobilized while hunting, except to retrieve downed or 
crippled birds.
    (v) We prohibit shooting 150 feet (45 meters) from the center line 
of roads (including access roads and two tracks), parking areas, 
levees, or into or from safety zones.
    (2) * * *
    (iii) The conditions set forth at paragraphs (d)(1)(iii) and (iv) 
of this section apply.
* * * * *
0
9. 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, Wilson's 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 dog training is only allowed 
from August 1 through the last Saturday in September during daylight 
hours.
    (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 condition: We allow the use of dogs consistent with 
State regulations, except dog training is only allowed from August 1 
through the last Saturday in September during daylight hours.
    (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) We allow the use of dogs consistent with State regulations, 
except dog training is only allowed from August 1 through the last 
Saturday in September during daylight hours.
    (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
10. Amend Sec.  32.56 by revising paragraph (l)(2) to read as follows:


Sec.  32.56  Oregon.

* * * * *
    (l) * * *
    (2) Upland game hunting. We allow hunting of upland game birds and 
turkey on designated areas of the refuge subject to the following 
condition: The condition set forth at paragraph (l)(1)(i) of this 
section applies.
* * * * *
0
11. Amend Sec.  32.57 by:
0
a. Adding paragraph (b)(1)(v);
0
b. Revising paragraphs (b)(2)(iii) and (3)(ii); and
0
c. Adding paragraph (b)(4)(vi).
    The additions and revisions read as follows:


Sec.  32.57  Pennsylvania.

* * * * *
    (b) * * *
    (1) * * *
    (v) You may only use or possess approved non-lead shot shells, 
ammunition, and tackle while in the field (see Sec.  32.2(k)).
    (2) * * *
    (iii) The conditions set forth at paragraphs (b)(1)(iv) and (v) of 
this section apply.
* * * * *
    (3) * * *
    (ii) The conditions set forth at paragraphs (b)(1)(iv) and (v) of 
this section apply.
    (4) * * *
    (vi) The condition set forth at paragraph (b)(1)(v) of this section 
applies.
* * * * *


Sec.  32.62  [Amended]

0
12. Amend Sec.  32.62 by:
0
a. Removing paragraph (h)(3)(x); and
0
b. Redesignating paragraphs (h)(3)(xi) through (xiii) as (h)(3)(x) 
through (xii), respectively.
0
13. Amend Sec.  32.64 by:
0
a. Adding paragraph (a)(4)(v); and
0
b. Revising paragraph (b).
    The addition and revision read as follows:


Sec.  32.64  Vermont.

* * * * *
    (a) * * *
    (4) * * *
    (v) We allow fishing from legal sunrise to legal sunset.
    (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 dog training is only allowed from August 1 through the last 
Saturday in September during daylight hours. We prohibit dog training 
on the Putney Mountain Unit.
    (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)(ii) and (iii) of 
this section apply.
    (ii) At the Putney Mountain Unit, we allow the use of dogs only for 
hunting ruffed grouse, fall turkey, squirrel, and woodcock.
    (iii) We require hunters hunting at night to possess 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)(ii) and (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.
    (4) Sport fishing. We allow sport fishing on designated areas of 
the refuge consistent with State regulations.
* * * * *
0
14. Amend Sec.  32.65 by:
0
a. Adding paragraph (b)(1)(vi);
0
b. Revising paragraph (b)(2)(i);
0
c. Adding paragraphs (b)(2)(vii) and (viii);

[[Page 41066]]

0
d. Revising paragraph (b)(3)(i);
0
e. Adding paragraphs (b)(4)(vi) and (c)(2)(iii);
0
f. Revising paragraph (c)(3)(i);
0
g. Adding paragraph (n)(1)(vi); and
0
h. Revising paragraphs (n)(2)(i) and (3)(i).
    The additions and revisions read as follows:


Sec.  32.65  Virginia.

* * * * *
    (b) * * *
    (1) * * *
    (vi) You may only use or possess approved non-lead shot shells and 
ammunition while in the field (see Sec.  32.2(k)).
    (2) * * *
    (i) The conditions set forth at paragraphs (b)(1)(i) and (vi) of 
this section apply. All occupants of a vehicle or hunt party must 
possess a signed refuge hunt brochure and be actively engaged in 
hunting unless aiding a disabled person who possesses a valid State 
disabled hunting license.
* * * * *
    (vii) Hunting is allowed only during the regular State deer season.
    (viii) We prohibit hunting on Sundays.
    (3) * * *
    (i) The conditions set forth at paragraphs (b)(1)(vi) and 
(b)(2)(i), (ii), and (v) through (viii) of this section apply.
* * * * *
    (4) * * *
    (vi) The condition set forth at paragraph (b)(1)(vi) of this 
section applies.
    (c) * * *
    (2) * * *
    (iii) We prohibit hunting on Sundays.
    (3) * * *
    (i) The conditions set forth at paragraphs (c)(1)(i), (ii), (iv) 
through (v), and (c)(2)(iii) of this section apply.
* * * * *
    (n) * * *
    (1) * * *
    (vi) You may only use or possess approved non-lead shot shells, 
ammunition, and tackle while in the field (see Sec.  32.2(k)).
    (2) * * *
    (i) The conditions set forth in paragraphs (n)(1)(i), (iii), and 
(vi) of this section apply.
* * * * *
    (3) * * *
    (i) The conditions set forth at paragraphs (n)(1)(i), (ii), (vi), 
and (n)(2)(iv) of this section apply.
* * * * *
0
15. Amend Sec.  32.66 by revising paragraph (b)(4)(i) to read as 
follows:


Sec.  32.66  Washington.

* * * * *
    (b) * * *
    (4) * * *
    (i) On waters open to fishing, we allow fishing only from the start 
of the State season to September 30, except that we allow fishing year-
round on Falcon, Heron, Goldeneye, Corral, Blythe, Chukar, and Scaup 
Lakes.
* * * * *

Shannon A. Estenoz,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 2023-13360 Filed 6-22-23; 8:45 am]
BILLING CODE 4333-15-P