National Wildlife Refuge System; 2024-2025 Station-Specific Hunting and Sport Fishing Regulations, 63139-63152 [2024-16984]
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[FR Doc. 2024–17071 Filed 8–1–24; 8:45 am]
BILLING CODE 6712–01–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 32
[Docket No. FWS–HQ–NWRS–2024–0034;
FXRS12610900000–245–FF09R20000]
RIN 1018–BH17
National Wildlife Refuge System; 2024–
2025 Station-Specific Hunting and
Sport Fishing Regulations
Fish and Wildlife Service,
Interior.
ACTION: Proposed rule.
AGENCY:
We, the U.S. Fish and
Wildlife Service (Service), propose to
open hunting opportunities on six
National Wildlife Refuges (NWRs) and
to expand hunting or sport fishing
opportunities on seven NWRs. Crab
Orchard NWR is proposing to close
hunting on 111 acres so that the area
can be used for visitor services facilities
and activities. 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,
Canaan Valley NWR in West Virginia is
proposing to require lead-free
ammunition for all hunting on the new
Big Cove Unit. Additionally, Des Lacs,
J. Clark Salyer, Lostwood, and Upper
Souris NWRs in North Dakota are
proposing to require lead-free
ammunition for elk hunting. These
proposals would be effective
immediately in fall 2024, if adopted 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.
DATES: We will accept comments
received or postmarked on or before
September 3, 2024.
ADDRESSES:
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SUMMARY:
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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–2024–0034,
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–
2024–0034, 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:
Christian Myers, (571) 422–3595. Please
see Docket No. FWS–HQ–NWRS–2024–
0034 on https://www.regulations.gov for
a document that summarizes this
proposed rule.
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
environmental health of the Refuge
System for the benefit of present and
future generations of Americans.
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63139
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
Refuge System’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
national 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
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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 or hatcheries to the lists of areas
open to hunting and sport fishing in 50
CFR part 32 or 71, respectively. 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 (88 FR
74050; October 30, 2023) 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 part 32, visitors
to our stations may find them reiterated
in literature distributed by each station
or posted on signs.
TABLE 1—PROPOSED CHANGES FOR 2024–2025 HUNTING/SPORT FISHING SEASON
Station
State
Migratory bird
hunting
Upland
game hunting
Big game hunting
Bayou Teche NWR .....................
Canaan Valley NWR ...................
Des Lacs NWR ............................
Green River NWR .......................
Horicon NWR ..............................
J. Clark Salyer NWR ...................
Lostwood NWR ...........................
Trinity River NWR .......................
Turnbull NWR ..............................
Upper Souris NWR ......................
Valentine NWR ............................
Waccamaw NWR ........................
Louisiana ...............
West Virginia .........
North Dakota .........
Kentucky ................
Wisconsin ..............
North Dakota .........
North Dakota .........
Texas .....................
Washington ............
North Dakota .........
Nebraska ...............
South Carolina .......
E ............................
E ............................
Already Closed ......
N ............................
Already Open ........
Already Open ........
Already Closed ......
O ............................
Already Open ........
Already Closed ......
Already Open ........
E ............................
Already Open ........
E ............................
Already Open ........
Already Closed ......
Already Open ........
Already Open ........
Already Open ........
Already Open ........
Already Closed ......
Already Open ........
E ............................
Already Open ........
E ............................
E ............................
O ............................
N ............................
Already Open ........
O ............................
O ............................
E ............................
E ............................
O ............................
Already Open ........
Already Open ........
Sport fishing
Already
Already
Already
Already
E.
Already
Already
Already
Already
Already
Already
Already
Open.
Open.
Closed.
Closed.
Open.
Closed.
Open.
Closed.
Open.
Open.
Open.
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Key:
N = New station opened for the first time.
O = Opening (New species and/or new activity on a station previously open to other activities)
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 2024–2025
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, and the
appropriate National Environmental
Policy Act (NEPA; 42 U.S.C. 4321 et
seq.) analysis, all of which are subject to
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a public review and comment process.
These supporting documents are
available alongside this proposed rule at
Docket No. FWS–HQ–NWRS–2024–
0034 on https://www.regulations.gov.
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
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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
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of this proposed rulemaking, indicates
that lead ammunition and tackle can
have negative impacts on wildlife, and
that exposure to lead has negative
impacts to human health. Based on the
best available science and sound
professional judgment, where
appropriate, the Service may propose to
require the use of lead-free 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 proposed rule does not
include any opportunities proposing to
increase or authorize the new use of
lead. Crab Orchard NWR is proposing to
close hunting on 111 acres that are
currently open to hunting so that the
area can be used for visitor services
facilities and activities, which is not
expected to impact hunter use rates or
lead use. Turnbull, Horicon, and
Valentine NWRs are proposing hunting
and fishing expansions to species where
lead-free ammunition or tackle is
already required on the refuges. Trinity
River, Bayou Teche, Green River, and
Waccamaw NWRs are either proposing
to open or expand archery deer hunting
or to open or expand migratory bird
hunting, which do not involve lead
ammunition. Des Lacs, J. Clark Salyer,
Lostwood, and Upper Souris NWRs are
proposing to open elk hunting that
would require the use of lead-free
ammunition immediately in the fall
2024 season. In this proposed rule,
Canaan Valley NWR is proposing to
expand all hunting to the Big Cove Unit
and proposing to require the use of leadfree ammunition immediately in the fall
2024 season on the Big Cove Unit.
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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/choose-fish-andshellfish-wisely.
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
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We will not consider handdelivered 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.
ADDRESSES.
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
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, 13563, and
14094)
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
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63141
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 proposed rule in a manner
consistent with these requirements.
E.O. 12866, as reaffirmed by E.O.
13563 and E.O. 14094, provides that the
Office of Information and Regulatory
Affairs (OIRA) in the Office of
Management and Budget (OMB) will
review all significant rules. OIRA has
determined that this proposed rule is
not significant.
Regulatory Flexibility Act
Under the Regulatory Flexibility Act
(RFA; 5 U.S.C. 601 et seq.), as amended
by the Small Business Regulatory
Enforcement Fairness Act of 1996
(SBREFA; 5 U.S.C. 801 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 RFA 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 12 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 1,481 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.
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TABLE 2—ESTIMATED MAXIMUM CHANGE IN RECREATION OPPORTUNITIES IN 2024–2025
[2023 Dollars in thousands]
Station
Additional
hunting days
Additional
fishing days
Bayou Teche NWR ......................................................................................................................
Canaan Valley NWR ....................................................................................................................
Des Lacs NWR ............................................................................................................................
Green River NWR ........................................................................................................................
Horicon NWR ...............................................................................................................................
J. Clark Salyer NWR ...................................................................................................................
Lostwood NWR ............................................................................................................................
Trinity River NWR ........................................................................................................................
Turnbull NWR ..............................................................................................................................
Upper Souris NWR ......................................................................................................................
Valentine NWR ............................................................................................................................
Waccamaw NWR .........................................................................................................................
40
20
70
144
........................
70
70
300
272
70
60
0
........................
........................
........................
........................
365
........................
........................
........................
........................
........................
........................
........................
$1.6
0.8
2.8
5.7
15.1
2.8
2.8
11.9
10.8
2.8
2.4
0
Total ......................................................................................................................................
1,116
365
59.5
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
yields approximately $59,500 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 $150,000 (2023 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 $149,000 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 $30,000 annually.
Additional
expenditures
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
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
substantial number of small entities in
any region or nationally. As noted
previously, we expect at most $59,500
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
2024–2025; see table 2, above.
TABLE 3—COMPARATIVE EXPENDITURES FOR RETAIL TRADE ASSOCIATED WITH ADDITIONAL STATION VISITATION FOR
2024–2025
[Thousands, 2023 dollars]
Retail trade in
2017 1
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Station/county(ies)
Bayou Teche:
St. Mary Parish, LA ..........................................................
Canaan Valley:
Grant, WV .........................................................................
Tucker, WV .......................................................................
Des Lacs:
Renville, ND ......................................................................
Green River:
Henderson, KY .................................................................
Horicon:
Dodge, WI .........................................................................
Fond du Lac, WI ...............................................................
J. Clark Salyer:
McHenry, ND ....................................................................
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Estimated
maximum
addition
from new
activities
Addition
as (%) of
total
Establishments
in 2017 1
Establishments
with fewer than
10 employees
in 2017
$658,214
$2
<0.1
186
145
133,024
79,611
0
0
<0.1
<0.1
42
28
28
20
43,869
3
<0.1
13
11
825,225
6
<0.1
150
98
1,069,734
2,137,970
8
8
<0.1
<0.1
232
344
154
207
39,926
3
<0.1
19
14
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TABLE 3—COMPARATIVE EXPENDITURES FOR RETAIL TRADE ASSOCIATED WITH ADDITIONAL STATION VISITATION FOR
2024–2025—Continued
[Thousands, 2023 dollars]
Retail trade in
2017 1
Station/county(ies)
Lostwood:
Burke, ND .........................................................................
Mountrail, ND ....................................................................
Trinity River:
Liberty, TX ........................................................................
Turnbull:
Spokane, WA ....................................................................
Upper Souris:
Renville, ND ......................................................................
Ward, ND ..........................................................................
Valentine:
Cherry, NE ........................................................................
Waccamaw:
Georgetown, SC ...............................................................
1 U.S.
Addition
as (%) of
total
Establishments
in 2017 1
Establishments
with fewer than
10 employees
in 2017
38,614
$228,282
1
1
<0.1
<0.1
8
47
4
27
1,047,020
12
<0.1
201
143
9,754,429
11
<0.1
1,627
1,036
43,869
1,844,525
1
1
<0.1
<0.1
13
309
11
169
116,107
2
<0.1
43
30
1,035,984
0
0
287
206
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
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Estimated
maximum
addition
from new
activities
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
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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 proposed 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.
Federalism (E.O. 13132)
Unfunded Mandates Reform Act
Energy Supply, Distribution or Use (E.O.
13211)
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.
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Fmt 4702
Sfmt 4702
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 E.O.
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 open or expand hunting at
twelve 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
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Federal Register / Vol. 89, No. 149 / Friday, August 2, 2024 / Proposed Rules
have determined that there are no
effects. We coordinate recreational use
on NWRs and National Fish Hatcheries
with Tribal governments having
adjoining or overlapping jurisdiction
before we propose the regulations.
Paperwork Reduction Act (PRA)
This proposed 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.
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Endangered Species Act Section 7
Consultation
We comply with section 7 of the
Endangered Species Act of 1973, as
amended (16 U.S.C. 1531 et seq.), when
developing comprehensive conservation
plans and step-down management
plans—which includes 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 stationspecific 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).
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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.
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.
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
Primary Author
PO 00000
Frm 00034
Fmt 4702
Sfmt 4702
Christian Myers, Division of Natural
Resources and Conservation Planning,
National Wildlife Refuge System, is the
primary author of this rulemaking
document.
Proposed Regulation Summary Table
The regulatory amendments set forth
below are presented alongside existing
station-specific regulations that have not
been amended. For a table that provides
additional clarity on which specific
regulatory provisions have been
amended, please see Docket No. FWS–
HQ–NWRS–2024–0034 on https://
www.regulations.gov for a separate
document containing a table that
provides additional clarity on which
specific regulatory provisions have been
amended and how they have been
amended.
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
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.
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2. Amend § 32.7 by revising and
republishing paragraph (q) to read as
follows:
■
§ 32.7 What refuge units are open to
hunting and/or sport fishing?
*
*
*
*
*
(q) Kentucky. (1) Clarks River National
Wildlife Refuge.
(2) Green River National Wildlife
Refuge.
(3) Ohio River Islands National
Wildlife Refuge.
(4) Reelfoot National Wildlife Refuge.
*
*
*
*
*
■ 3. Amend § 32.24 by revising and
republishing paragraphs (j), (m), and (x)
to read as follows:
§ 32.24
California.
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*
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(j) Lower Klamath National Wildlife
Refuge—(1) Migratory game bird
hunting. We allow hunting of goose,
duck, coot, moorhen, and snipe on
designated areas of the refuge subject to
the following conditions:
(i) In the controlled waterfowl
hunting area, we require a valid Refuge
Recreation Pass (available electronically
or in person at the refuge office) for all
hunters age 16 or older. All hunters age
15 and younger must remain in the
immediate presence of an adult (age 18
or older) at all times while in the field.
(ii) Unless otherwise posted, we
require advance reservations for the first
2 days of the hunting season.
Reservations are obtained through the
waterfowl lottery each year.
(iii) Hunters may enter the refuge at
4:30 a.m. unless otherwise posted.
(iv) Shooting hours end at 1 p.m. on
all California portions of the refuge with
the following exceptions:
(A) The refuge manager may designate
up to 6 afternoon special youth, ladies,
veteran, or disabled hunter waterfowl
hunts per season.
(B) The refuge manager may designate
up to 3 days per week of afternoon
waterfowl hunting for the general public
after December 1.
(v) We prohibit the setting of decoys
in retrieving zones.
(vi) Pit-style hunting blinds located in
the Stearns units and unit 9D are firstcome, first-served. We require you to
hunt within a 200-foot (61-meter) radius
of the blind.
(2) Upland game hunting. We allow
hunting of pheasant on designated areas
of the refuge subject to the following
conditions:
(i) In the controlled pheasant hunting
area, we require a valid Refuge
Recreation Pass (available electronically
or in person at the refuge office) for all
hunters age 16 or older.
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(ii) All hunters age 15 or younger
must remain in the immediate presence
of an adult (age 18 or older) at all times
while in the field.
(3)–(4) [Reserved]
*
*
*
*
*
(m) Modoc National Wildlife Refuge—
(1) Migratory game bird hunting. We
allow hunting of goose, duck, coot,
moorhen, and snipe on designated areas
of the refuge subject to the following
conditions:
(i) On the opening weekend of the
hunting season, hunters must possess
and carry a refuge permit (FWS Form 3–
2439, Hunt Application/Permit—
National Wildlife Refuge System) issued
through random drawing to hunters
with advance reservations only.
(ii) After the opening weekend of the
hunting season, we only allow hunting
on Tuesdays, Thursdays, and Saturdays.
Hunters must check-in and out of the
refuge by using self-service permits
(FWS Form 3–2405, Self-Clearing
Check-in/out Permit). Hunters must
completely fill out the ‘‘Refuge Hunt
Permit’’ portion of the permit and
deposit it in the drop box prior to
hunting. Hunters must complete and
display the ‘‘Daily Vehicle Permit’’ in
the windshield of the hunter’s vehicle
prior to hunting. The hunter must
possess and carry the ‘‘Record of Kill’’
and ‘‘Waterfowl Harvest Statistics’’
portions of the permit while on the
refuge and turn them in prior to exiting
the hunting area.
(iii) In the designated spaced blind
area, you must remain within the blind
assigned to you.
(iv) All hunters age 15 and younger
must remain in the immediate presence
of an adult (age 18 or older) at all times
while in the field.
(v) You may not possess more than 25
shot shells while in the field once you
have left your assigned parking lot or
boat launch.
(vi) You may only use portable blinds
in the free-roam hunting areas.
(vii) You must remove all blinds,
decoys, shell casings, other personal
equipment, and refuse from the refuge at
the end of each day (see §§ 27.93 and
27.94 of this chapter).
(viii) Hunters must enter and exit the
hunting area from the three designated
hunt parking lots, which we open 11⁄2
hours before legal shooting time and
close 1 hour after legal shooting time
each hunt day.
(ix) We only allow walk-in access to
the hunt area by foot and nonmotorized
cart.
(2) Upland game hunting. We allow
hunting of pheasant on designated areas
of the refuge subject to the following
conditions:
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Sfmt 4702
63145
(i) We limit hunting to junior hunters
possessing a valid State Junior Hunting
License and refuge Junior Pheasant
Hunt Permit (FWS Form 3–2439, Hunt
Application/Permit—National Wildlife
Refuge System).
(ii) All hunters age 15 and younger
must remain in the immediate presence
of an adult (age 18 or older) at all times
while in the field.
(3) [Reserved]
(4) Sport fishing. We allow sport
fishing only on Dorris Reservoir subject
to the following conditions:
(i) We prohibit fishing from October 1
to January 31.
(ii) We allow fishing only from legal
sunrise to legal sunset.
(iii) We allow only walk-in access to
Dorris Reservoir from February 1
through March 31.
(iv) We allow use of boats for fishing
on Dorris Reservoir only from April 1
through September 30.
*
*
*
*
*
(x) Tule Lake National Wildlife
Refuge—(1) Migratory game bird
hunting. We allow hunting of goose,
duck, coot, moorhen, and snipe on
designated areas of the refuge subject to
the following conditions:
(i) In the controlled waterfowl
hunting area, we require a valid Refuge
Recreation Pass (available electronically
or in person at the refuge office) for all
hunters age 16 or older.
(ii) All hunters age 15 or younger
must remain in the immediate presence
of an adult (age 18 or older) at all times
while in the field.
(iii) Unless otherwise posted, we
require advance reservations for the first
2 days of the hunting season. You may
obtain a reservation through the
waterfowl lottery each year.
(iv) Hunters may enter the refuge at
4:30 a.m. unless otherwise posted.
(v) Shooting hours end at 1 p.m. on
all portions of the refuge with the
following exceptions:
(A) The refuge manager may designate
up to 6 afternoon special youth, ladies,
veteran, or disabled hunter waterfowl
hunts per season.
(B) The refuge manager may designate
up to 3 days per week of afternoon
waterfowl hunting for the general public
after December 1.
(vi) You select blind sites by lottery at
the beginning of each hunt day. You
may shoot only from within your
assigned blind site.
(vii) We prohibit the setting of decoys
in retrieving zones.
(viii) We prohibit air-thrust and
inboard water-thrust boats while
hunting. We prohibit the use of allterrain amphibious or utility-type
vehicles (UTVs) in wetland units.
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(2) Upland game hunting. We allow
hunting of pheasant on designated areas
of the refuge subject to the following
conditions:
(i) In the controlled pheasant hunting
area, we require a valid Refuge
Recreation Pass (available electronically
or in person at the refuge office) for all
hunters age 16 or older.
(ii) All hunters age 15 or younger
must remain in the immediate presence
of an adult (age 18 or older) at all times
while in the field.
(3)–(4) [Reserved]
■ 4. Amend § 32.36 by:
■ a. Redesignating paragraphs (b) and
(c) as paragraphs (c) and (d),
respectively; and
■ b. Adding a new paragraph (b).
The addition reads as follows:
§ 32.36
Kentucky.
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(b) Green River National Wildlife
Refuge—(1) Migratory game bird
hunting. We allow hunting of duck,
goose, coot, merganser, teal, and dove
on designated areas of the refuge subject
to the following conditions:
(i) Each hunter age 12 and older must
possess and carry a signed refuge
hunting brochure (FWS Form 3–2439,
Hunt Application/Permit—National
Wildlife Refuge System) while hunting
on the refuge.
(ii) All hunters age 15 or younger
must be supervised by an adult age 21
or older and must remain in sight of and
normal voice contact with the adult.
The adult may supervise no more than
two youths.
(iii) We prohibit hunting within 100
yards (91 meters) of a residence,
graveled road, or hiking trail managed
by the Service as part of Green River
NWR.
(iv) We prohibit the use of trail
cameras.
(v) We allow the use of boats operated
only by manual power or an electric
trolling motor for hunters to access the
refuge. We prohibit the use of internal
combustion motors, personal watercraft
(e.g., jet skis), airboats, and hovercraft
on waters owned and managed by Green
River NWR.
(vi) We allow the use of bikes,
including e-bikes, for hunters to access
the refuge along designated routes only
(graveled and paved roads, and
established trails) managed by the
Service as part of Green River NWR. We
prohibit the use of internal combustion
motors on lands owned and managed by
Green River NWR.
(vii) We allow the use of off-road or
all-terrain vehicles (e.g., ATVs/UTVs)
only for mobility-impaired hunters who,
while hunting on the refuge, possess
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and carry a valid General Activities
Special Use Permit (FWS Form 3–1383–
G) approved by the refuge manager.
(viii) We prohibit marking or flagging
any tree or other refuge feature with
non-biodegradable reflectors, paint,
flagging, or other substances.
(ix) Access to open hunting areas of
the refuge is from 2 hours before legal
sunrise to 2 hours after legal sunset.
(x) We prohibit the killing or
wounding of a game animal and then
intentionally or knowingly failing to
make a reasonable effort to retrieve and
include it in the hunter’s bag limit.
(xi) We allow duck, goose, coot, wood
duck, teal, and merganser hunting from
1⁄2 hour before legal sunrise until 12
p.m. (noon). We allow dove hunting
according to State shooting hours.
(xii) We allow the use of dogs for
migratory game bird hunting. Dog
owners and handlers must have a collar
on each dog with the owner’s contact
information (FWS Form 3–2439).
(xiii) For migratory game bird
hunting, you must remove all decoys,
blinds, and hunting equipment at the
end of each day’s hunt (see § 27.93 of
this chapter).
(xiv) For youth, seniors, and disabled
hunters, as defined by the State, the
Horseshoe Bend Unit will be open to
waterfowl hunting during the months of
December and January of the Statewide
waterfowl season, and during the
additional Statewide veterans and youth
hunt dates in February.
(xv) We prohibit waterfowl hunting
during any Statewide seasons prior to
December.
(xvi) We prohibit all entry to the
Tscharner East section of the Bluff Unit
from November 1 through March 31.
(xvii) The big game quota hunt in the
month of November of the Statewide
white-tailed deer season is open only to
holders of a big game quota permit
(FWS Form 3–2439, Hunt Application/
Permit—National Wildlife Refuge
System). During that hunt, the
Tscharner West section of the Bluff Unit
and the Horseshoe Bend Unit are closed
to all non-selected hunters and the
general public.
(2) [Reserved]
(3) Big game hunting. We allow only
archery and crossbow hunting of whitetailed 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 (b)(1)(i), (iii) through (x),
(xvi), and (xvii) of this section apply.
(ii) Hunters age 15 and younger must
be supervised by an adult age 21 or
older and must remain in sight of and
normal voice contact with the adult.
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Frm 00036
Fmt 4702
Sfmt 4702
The adult may supervise no more than
one youth.
(iii) We allow white-tailed deer and
turkey hunting according to State
shooting hours.
(iv) You must use safety belts at all
times when occupying tree stands.
(v) You must remove all tree stands
(portable and climbing) and ground
blinds by legal sunset of each day’s
hunt.
(vi) You may use no more than one
stand or blind per hunter.
(vii) The big game quota permit (FWS
Form 3–2439, Hunt Application/
Permit—National Wildlife Refuge
System) is a limited entry permit, is
zone-specific, and is nontransferable.
(viii) During the big game quota hunt,
we allow only hunters possessing a
valid big game quota permit (FWS Form
3–2439, Hunt Application/Permit—
National Wildlife Refuge System) on the
refuge and only for the purposes of deer
and turkey hunting.
(ix) For the drawn holders of a big
game quota permit (FWS Form 3–2439,
Hunt Application/Permit—National
Wildlife Refuge System), the Horseshoe
Bend Unit and Tscharner West section
of the Bluff Unit will be open, up to 21
days, during the month of November of
the Statewide season.
(x) For youth, seniors, and disabled
hunters, as defined by the State, the
Horseshoe Bend Unit and Tscharner
West section of the Bluff Unit will be
open to archery and crossbow hunting
of deer and turkey during the months of
September and October in accordance
with State season dates.
(xi) For youth, as defined by the State,
the Horseshoe Bend Unit and Tscharner
West section of the Bluff Unit will be
open to archery and crossbow hunting
of turkey during the months of April
and May in accordance with State
season dates.
(4) [Reserved]
*
*
*
*
*
■ 5. Amend § 32.37 by revising and
republishing paragraphs (d), (e), and (m)
to read as follows:
§ 32.37
Louisiana.
*
*
*
*
*
(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)
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Federal Register / Vol. 89, No. 149 / Friday, August 2, 2024 / Proposed Rules
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
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. 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.
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(vi) The conditions set forth at
paragraphs (d)(2)(i) through (iv) of this
section do not apply to upland game
hunting on the Mitigation Units.
(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 with firearms
(see § 27.42 of this chapter) of deer only
on 5 specific days in October and
November each year. A youth gun hunt
will occur on 2 days, consisting of both
the Saturday and the Sunday of the last
full weekend within the month of
October. The general gun hunt will
occur on 3 days, consisting of the Friday
immediately before and the last full
weekend within the month of
November.
(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) The condition set forth at
paragraph (d)(3)(i) of this section does
not apply to big game hunting on the
Mitigation Units.
(vii) We prohibit the use of deer
decoys.
(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) 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.).
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(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 § 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.
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(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.
(xi) We prohibit hunters and anglers
from utilizing air boats, air thrust boats,
mud boats, aircraft, and air-cooled
propulsion engines 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 (xi) of this section apply.
(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) Deer hunters must display State
Wildlife Management Area (WMA)
hunter-orange or blaze-pink (as
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governed by State WMA regulations)
while on the ground.
(v) The conditions set forth at
paragraphs (e)(1)(i), (v), (vi), and (viii)
through (xi) of this section apply.
(vi) 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 conditions set forth at
paragraphs (e)(1)(i) and (xi) of this
section apply.
*
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*
(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.
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(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.
(xi) We close all refuge lands between
Raphael Pass and Main Pass to public
entry, including hunting and fishing,
from November 1 through the end of
February; year-round access is only
allowed in Main, Raphael, Octave,
Women, and Flatboat passes.
(xii) We prohibit hunters and anglers
from utilizing air boats, air thrust boats,
mud boats, aircraft, and air-cooled
propulsion engines on the refuge.
(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), (v) through (viii),
(xi), and (xii) 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 (xii)
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
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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.
(ii) We prohibit the use of trotlines,
limblines, slat traps, jug lines, nets, or
alligator lines.
(iii) The conditions set forth at
paragraphs (m)(1)(i), (xi), and (xii) of
this section apply.
*
*
*
*
*
■ 6. Amend § 32.41 by revising and
republishing paragraph (f) to read as
follows:
§ 32.41
Michigan.
khammond on DSKJM1Z7X2PROD with PROPOSALS
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(f) Shiawassee National Wildlife
Refuge—(1) Migratory game bird
hunting. We allow hunting of waterfowl
(duck and goose), American woodcock,
American crow, American coot,
common gallinule, sora, Virginia rail,
and Wilson’s snipe on designated areas
of the refuge subject to the following
conditions:
(i) You must possess and carry a
refuge check-in card (FWS Form 3–
2405, Self-Clearing Check-in Permit).
(ii) We allow waterfowl hunting on
Saturdays, Sundays, Tuesdays, and
Thursdays during the regular goose
season after September 30.
(iii) We allow hunter access to the
refuge 2 hours before legal shooting time
to 2 hours after legal shooting time.
(iv) You may possess no more than 25
shotgun shells while hunting in the
field.
(v) We allow the use of dogs while
hunting, provided the dog is under the
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immediate control of the hunter at all
times.
(vi) We allow the take of feral hogs
incidental to other lawful hunting using
legal methods of take.
(2) Upland game hunting. We allow
hunting of turkey, small game (eastern
fox squirrel, eastern cottontail, and ringnecked pheasant), and furbearers
(raccoon, coyote, and red fox) on
designated areas of the refuge subject to
the following conditions:
(i) The conditions set forth at
paragraphs (f)(1)(iii) and (vi) of this
section apply, except we allow hunter
access to the refuge for furbearer
hunting from 1⁄2 hour before legal
sunrise to 1⁄2 hour after legal sunset.
(ii) You may only hunt turkey during
the spring season.
(iii) We allow dogs for hunting.
Raccoon hunting dogs must wear global
positioning system (GPS) or radio
collars.
(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)(iii) and (vi) of this
section apply.
(ii) You must possess and carry a
refuge permit (State-issued permit).
(4) Sport fishing. We allow sport
fishing on designated areas of the refuge
subject to the following conditions:
(i) We allow fishing by boat in
navigable waterways but not within any
managed refuge units.
(ii) We allow bank fishing from legal
sunrise to legal sunset only at
designated sites along the Tittabawassee
and Cass Rivers.
■ 7. Amend § 32.42 by revising and
republishing paragraph (a) to read as
follows:
§ 32.42
Minnesota.
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*
*
(a) Agassiz National Wildlife Refuge—
(1) Migratory game bird hunting. We
allow youth waterfowl hunting on
designated areas of the refuge subject to
the following conditions:
(i) We allow the use of dogs while
hunting, provided the dog is under the
immediate control of the hunter at all
times.
(ii) Hunters must dismantle hunting
blinds, platforms, and ladders made
from natural vegetation at the end of
each day.
(iii) You must remove all boats,
decoys, blind materials, stands,
platforms, cameras, and other personal
property brought onto the refuge at the
end of each day (see §§ 27.93 and 27.94
of this chapter).
(iv) We close the refuge from 7 p.m.
to 5:30 a.m.
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(v) We allow the use of motorless
boats for hunting.
(vi) We only allow waterfowl hunting
during the State’s youth waterfowl
season.
(2) Upland game hunting. We allow
hunting of ruffed grouse and sharptailed grouse on designated areas of the
refuge subject to the following
conditions:
(i) The conditions set forth at
paragraphs (a)(1)(i) through (v) of this
section apply.
(ii) We only allow hunting from the
opening of the State’s deer firearms
season to the close of the State’s ruffed
grouse and sharp-tailed grouse seasons,
respectively.
(3) Big game hunting. We allow
hunting of white-tailed deer and moose
on designated areas of the refuge subject
to the following conditions:
(i) The conditions set forth at
paragraphs (a)(1)(i), (iv), and (v) of this
section apply.
(ii) We prohibit shooting on, from,
over, across, or within 30 feet (9 meters)
of a roadway open to motorized public
vehicle transportation at a big game
animal or a decoy of a big game animal.
(iii) We only allow archery hunting
from the start of the State’s deer firearms
season, and close as governed by the
State’s archery deer season.
(iv) You must remove all boats,
decoys, cameras, and other personal
property brought onto the refuge at the
end of each day (see §§ 27.93 and 27.94
of this chapter).
(v) We allow only portable tree
stands; portable, elevated hunting
platforms not attached to trees; and
portable ground blinds that can be
hand-carried into the hunting area.
(vi) You may place your tree stand(s),
elevated platform(s), and/or ground
blind(s) on the refuge only during your
designated licensed season. You must
remove these stands/blinds by the end
of your designated licensed season (see
§§ 27.93 of this chapter). Unoccupied
stands/blinds may be used by anyone.
(vii) We allow only two stands/blinds
per hunter on the refuge. You must
clearly label the stands/blinds with your
State hunting license number.
(viii) We prohibit the use of nails,
wire, screws, or bolts to attach a stand
to a tree.
(ix) We prohibit hunting from a tree
into which a metal object has been
driven to support a hunter.
(4) [Reserved]
*
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■ 8. Amend § 32.45 by revising and
republishing paragraph (o) to read as
follows:
§ 32.45
*
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(o) Lost Trail National Wildlife
Refuge. (1) [Reserved]
(2) Upland game hunting. We allow
hunting of turkey and mountain grouse
on designated areas of the refuge subject
to the following conditions:
(i) We allow use of riding or pack
stock on designated access routes
through the refuge to access off-refuge
lands as identified in the public use
leaflet.
(ii) We prohibit retrieval of game in
areas closed to hunting without a refuge
retrieval permit.
(iii) We allow portable or temporary
blinds and tree stands.
(3) Big game hunting. We allow
hunting of elk, white-tailed deer, and
mule deer on designated areas of the
refuge subject to the following
conditions:
(i) The conditions set forth at
paragraphs (o)(2)(i) through (iii) of this
section apply.
(ii) Persons assisting disabled hunters
must not be afield with a hunting
firearm, bow, or other hunting device.
(4) [Reserved]
*
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■ 9. Amend § 32.46 by revising and
republishing paragraph (c) to read as
follows:
§ 32.46
Nebraska.
khammond on DSKJM1Z7X2PROD with PROPOSALS
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(c) Fort Niobrara National Wildlife
Refuge—(1) Migratory game bird
hunting. We allow hunting of coot,
crow, dark goose, dove, duck, light
goose, rail, snipe, teal, and woodcock on
designated areas of the refuge subject to
the following conditions:
(i) Hunters and anglers may access the
refuge from 2 hours before legal sunrise
until 2 hours after legal sunset.
(ii) We allow access from designated
areas of the refuge.
(iii) You must remove all blinds and
decoys at the conclusion of each day’s
hunt (see § 27.93 of this chapter).
(iv) We allow the use of dogs when
hunting August 1 through April 30.
(2) Upland game hunting. We allow
hunting of badger, bobcat, coyote, fox,
long-tailed weasel, mink, opossum,
prairie dog, porcupine, rabbit, hare,
raccoon, skunk, squirrel, woodchuck,
State-defined furbearers, greater prairie
chicken, grouse, partridge, pheasant,
quail, and 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) of this
section apply.
(ii) We allow hunting with
muzzleloader, archery, shotgun, and
falconry.
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(iii) You may only possess lead-free
shot when hunting turkey (see
§ 32.2(k)).
(iv) Shooting hours for coyote, prairie
dog, porcupine, woodchuck, and Statedefined furbearers are 1⁄2 hour before
legal sunrise to 1⁄2 hour after legal
sunset.
(3) Big game hunting. We allow
hunting of deer, elk, and pronghorn
antelope 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) We allow hunting only with
muzzleloader and archery equipment.
(iii) We allow portable tree stands and
ground blinds to be used from August
16 through January 31.
(4) Sport fishing. We allow fishing on
Minnechaduza Creek and on the
Niobrara River, downstream from the
Cornell Dam, subject to the following
conditions:
(i) The conditions set forth at
paragraphs (c)(1)(i) and (ii) of this
section apply.
(ii) We prohibit the use of limb or set
lines.
(iii) We prohibit the take of baitfish,
reptiles, and amphibians.
(iv) We prohibit use or possession of
alcoholic beverages while fishing on
refuge lands and waters.
*
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■ 10. Amend § 32.53 by revising and
republishing paragraphs (q), (w), (oo),
and (kkk) to read as follows:
§ 32.53
North Dakota.
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*
(q) Des Lacs National Wildlife Refuge.
(1) [Reserved]
(2) Upland game hunting. We allow
hunting of fox, sharp-tailed grouse,
Hungarian partridge, turkey, and ringnecked pheasant on designated areas of
the refuge subject to the following
conditions:
(i) We open for upland game bird
hunting on the day following the close
of the regular deer gun season through
the end of the State season.
(ii) We allow the use of hunting dogs
for retrieval of upland game.
(iii) We allow fox hunting from the
day following the regular firearm deer
season until March 31.
(iv) We prohibit accessing refuge
lands from refuge waters.
(3) Big game hunting. We allow deer,
elk, and moose hunting on designated
areas of the refuge subject to the
following conditions:
(i) We only allow the use of portable
tree stands and ground blinds. We
prohibit leaving stands and blinds
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overnight on the refuge (see § 27.93 of
this chapter).
(ii) We prohibit entry to the refuge
before 12 p.m. (noon) on the first day of
the respective bow, gun, or
muzzleloader deer hunting seasons.
(iii) The condition set forth at
paragraph (q)(2)(iv) of this section
applies.
(iv) You may only possess lead-free
ammunition when hunting elk (see
§ 32.2(k)).
(4) [Reserved]
*
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*
(w) J. Clark Salyer National Wildlife
Refuge—(1) Migratory game bird
hunting. We allow hunting of goose,
duck, and coot on designated areas of
the refuge subject to the following
condition: We allow the use of dogs for
hunting and retrieving game birds.
(2) Upland game hunting. We allow
hunting of ruffed and sharp-tailed
grouse, Hungarian partridge, turkey,
ring-necked pheasant, and fox on
designated areas of the refuge subject to
the following conditions:
(i) We open the refuge to hunting for
sharp-tailed grouse, Hungarian
partridge, and ring-necked pheasant
north of the Willow-Upham road on the
day following the close of the regular
firearm deer season.
(ii) We open the refuge to fox hunting
on the day following the close of the
regular firearm deer season. Fox hunting
on the refuge closes March 31.
(iii) Hunters may possess only
approved lead-free shot (see § 32.2(k))
for all upland game hunting, including
turkey.
(3) Big game hunting. We allow
hunting of deer, elk, and moose on
designated areas of the refuge subject to
the following conditions:
(i) You must possess and carry a
refuge permit to hunt antlered deer on
the refuge outside the nine public
hunting areas during the regular
firearms season.
(ii) We prohibit entry to the refuge
before 12 p.m. (noon) on the first day of
the respective bow, gun, or
muzzleloader deer hunting seasons. You
may access refuge roads open to the
public before 12 p.m. (noon).
(iii) You may only possess lead-free
ammunition when hunting elk (see
§ 32.2(k)).
(4) Sport fishing. We allow sport
fishing on designated areas of the refuge
subject to the following conditions:
(i) We allow boat fishing from May 1
through September 30.
(ii) We allow ice fishing and dark
house spearfishing. We allow
snowmobiles, all-terrain vehicles
(ATVs), utility terrain vehicles (UTVs),
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motor vehicles, and fish houses on the
ice as conditions allow.
*
*
*
*
*
(oo) Lostwood National Wildlife
Refuge. (1) [Reserved]
(2) Upland game hunting. We allow
hunting of sharp-tailed grouse,
Hungarian partridge, and ring-necked
pheasant on designated areas of the
refuge subject to the following
condition: We allow the use of dogs to
retrieve upland game.
(3) Big game hunting. We allow deer,
elk, and moose hunting on designated
areas of the refuge subject to the
following conditions:
(i) We prohibit entry to the refuge
before 12 p.m. (noon) on the first day of
the respective archery, gun, or
muzzleloader deer hunting season.
(ii) You may only possess lead-free
ammunition when hunting elk (see
§ 32.2(k)).
(4) [Reserved]
*
*
*
*
*
(kkk) Upper Souris National Wildlife
Refuge. (1) [Reserved]
(2) Upland game hunting. We allow
hunting of wild turkey, sharp-tailed
grouse, Hungarian partridge, and
pheasant on designated areas of the
refuge subject to the following
conditions:
(i) We allow the use of dogs for
hunting and retrieving of upland game
birds.
(ii) We allow hunters on the refuge
from 5 a.m. until 10 p.m.
(3) Big game hunting. We allow deer,
elk, and moose hunting on designated
areas of the refuge subject to the
following conditions:
(i) We only allow the use of portable
tree stands and ground blinds. You must
remove stands and blinds from the
refuge at the end of each day’s hunt (see
§ 27.93 of this chapter).
(ii) The condition set forth at
paragraph (kkk)(2)(ii) of this section
applies.
(iii) We prohibit entry to the refuge
before 12 p.m. (noon) on the first day of
the respective bow, gun, or
muzzleloader deer hunting seasons.
(iv) You may only possess lead-free
ammunition when hunting elk (see
§ 32.2(k)).
(4) Sport fishing. We allow sport
fishing on designated areas of the refuge
subject to the following conditions:
(i) We allow the use of fishing boats,
canoes, kayaks, and float tubes in
designated boat fishing areas from Lake
Darling Dam north to State Highway 28
(Greene) crossing for fishing from May
1 through September 30.
(ii) We allow fishing from
nonmotorized vessels only on the
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Beaver Lodge Canoe Trail from May 1
through September 30.
(iii) We allow boating and fishing
from vessels on the Souris River from
Mouse River Park to the north boundary
of the refuge from May 1 through
September 30.
(iv) We allow snowmobiles, all-terrain
vehicles (ATVs), utility terrain vehicles
(UTVs), motor vehicles, and fish houses
on the ice as conditions allow from Lake
Darling Dam north to Carter Dam (Dam
41) for ice fishing.
(v) We allow you to place fish houses
overnight on the ice of Lake Darling as
governed by State regulations.
(vi) We allow anglers to place portable
fish houses on the Souris River north of
Carter Dam (Dam 41) and south of Lake
Darling Dam for ice fishing, but anglers
must remove the fish houses from the
refuge at the end of each day’s fishing
activity (see § 27.93 of this chapter).
(vii) We allow anglers on the refuge
from 5 a.m. until 10 p.m.
*
*
*
*
*
■ 11. Amend § 32.62 by revising and
republishing paragraph (p) to read as
follows:
§ 32.62
Texas.
*
*
*
*
*
(p) Trinity River National Wildlife
Refuge—(1) Migratory game bird
hunting. We allow hunting of duck,
merganser, and coot on designated areas
of the refuge subject to the following
conditions:
(i) We only allow hunting on
Champion Lake with a refuge-issued
permit (signed hunt brochure).
(ii) We only allow hunting on
Champion Lake on Saturdays and
Sundays during the State duck season.
Hunters may not enter the refuge until
4:30 a.m. and must be out of the hunt
area by 12 p.m. (noon).
(iii) We allow the use of dogs when
retrieving game.
(iv) Hunters age 16 and younger must
be under the direct supervision of an
adult age 17 or older.
(v) We require a minimum distance
between hunt parties of 150 yards (135
meters).
(vi) We allow motors of 10
horsepower or less on Champion Lake.
(2) Upland game hunting. We allow
hunting for squirrel, and incidental take
of rabbit, on designated areas of the
refuge subject to the following
conditions:
(i) We require hunters to possess a
permit issued by Texas Parks and
Wildlife Department (TPWD). Permits
are issued by a lottery drawing. The
hunter must carry the nontransferable
permit at all times while hunting.
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63151
(ii) The condition set forth at
paragraph (p)(1)(iii) of this section
applies.
(iii) We allow all-terrain vehicle use
for hunters with disabilities in
designated units.
(iv) We require a minimum distance
between hunt parties of 200 yards (180
meters).
(v) Hunters may enter the refuge no
earlier than 4:30 a.m. We allow hunting
from 30 minutes before legal sunrise to
30 minutes after legal sunset only
during the days specified on the permit.
Hunters must be off the refuge 11⁄2 hours
after legal sunset.
(vi) Hunters may place no more than
one temporary stand on the refuge.
Hunters may place the stand during the
scouting week before the hunt begins
and must remove it on or before the day
the hunt ends (see § 27.93 of this
chapter). Hunters must label blinds with
the name of the permit holder.
(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) We require hunters to possess a
TPWD-issued permit. Permits are issued
by a lottery drawing. The hunter must
carry the nontransferable permit at all
times while hunting.
(ii) The conditions set forth at
paragraphs (p)(1)(iii) and (p)(2)(iii)
through (vi) of this section apply.
(iii) We allow archery hunting of
white-tailed deer during the refuge
designated 23-day archery season.
(iv) We allow gun hunting of whitetailed deer during the State-designated
general gun season in two 9-day ‘‘miniseasons’’ and during the Statedesignated muzzleloader season.
(4) Sport fishing. We allow fishing on
designated areas of the refuge subject to
the following conditions:
(i) We only allow fishing with pole
and line, rod and reel, or hand-held
line.
(ii) We prohibit the use of trotlines,
setlines, bows and arrows, gigs, spears,
fish traps, crab/crawfish traps, and/or
nets.
(iii) We prohibit the harvesting of frog
or turtle (see § 27.21 of this chapter).
(iv) We allow fishing from legal
sunrise to legal sunset.
■ 12. Amend § 32.66 by revising and
republishing paragraph (c) to read as
follows:
§ 32.66
Washington.
*
*
*
*
*
(c) Conboy Lake National Wildlife
Refuge—(1) Migratory game bird
hunting. We allow hunting of goose,
duck, coot, and snipe on designated
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areas of the refuge subject to the
following conditions:
(i) We prohibit discharge of any
firearm within 1⁄4 mile (396 meters) of
any maintained building or Federal
facility, such as, but not limited to, a
structure designed for storage, human
occupancy, or shelter for animals.
(ii) Hunters must remove all decoys
and other equipment at the end of each
day’s hunt (see § 27.93 of this chapter).
(2)–(4) [Reserved]
*
*
*
*
*
■ 13. Amend § 32.67 by revising and
republishing paragraph (a) to read as
follows:
§ 32.67
West Virginia.
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*
*
*
*
(a) Canaan Valley National Wildlife
Refuge—(1) Migratory game bird
hunting. We allow hunting of goose,
duck, rail, coot, gallinule, mourning
dove, snipe, and woodcock on
designated areas of the refuge subject to
the following conditions:
(i) We require each hunter to possess
and carry a signed refuge hunting
brochure (signed brochure).
(ii) Hunters may enter the refuge 1
hour before legal sunrise and must exit
the refuge, including parking areas, no
later than 1 hour after legal sunset.
(iii) We prohibit overnight parking
except by Special Use Permit (FWS
Form 3–1383–G) on Forest Road 80.
(iv) We allow the use of dogs
consistent with State regulations.
(v) We prohibit dog training except
during legal hunting seasons.
(vi) You may only use or possess
approved lead-free shot shells and
ammunition while in the Big Cove Unit
(see § 32.2(k)).
(2) Upland game hunting. We allow
the hunting of ruffed grouse, squirrel,
cottontail rabbit, snowshoe hare, red
fox, gray fox, bobcat, woodchuck,
coyote, opossum, striped skunk, and
raccoon on designated areas of the
refuge subject to the following
conditions:
(i) The conditions set forth at
paragraphs (a)(1)(i), (iv), (v), and (vi) of
this section apply.
(ii) You may hunt coyote, raccoon,
opossum, skunk, and fox at night, but
you must obtain a Special Use Permit
(FWS Form 3–1383–G) at the refuge
headquarters before hunting.
(iii) We only allow hunting in the No
Rifle Zones with the following
equipment: Archery (including
crossbow), shotgun, or muzzleloader.
(iv) We prohibit the hunting of upland
game species from March 1 through
August 31.
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(3) Big game hunting. We allow the
hunting of white-tailed deer, black bear,
and turkey on designated areas of the
refuge subject to the following
conditions:
(i) The conditions set forth at
paragraphs (a)(1)(i), (iv), and (vi) and
(a)(2)(iii) of this section apply.
(ii) We allow the use of dogs for
hunting black bear during the gun
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.
(4) Sport fishing. We allow sport
fishing on designated areas of the refuge
subject to the following condition: We
prohibit the use of lead fishing tackle on
designated areas of the refuge.
*
*
*
*
*
■ 14. Amend § 32.68 by revising and
republishing paragraph (d) to read as
follows:
(v) Coyote hunting ends on the last
day of the season for fox.
§ 32.68
(iii) Hunters must possess a refuge
permit (FWS Form 3–2439, Hunt
Application/Permit—National Wildlife
Refuge System) to hunt in Area E
(surrounding the office/visitor center).
Wisconsin.
*
*
*
*
*
(d) Horicon National Wildlife
Refuge—(1) Migratory game bird
hunting. We allow hunting of goose,
duck, coot, common moorhen, and
American woodcock on designated
areas of the refuge subject to the
following condition: We allow only
participants in the Learn to Hunt and
other special programs to hunt goose,
duck, coot, and common moorhen.
(2) Upland game hunting. We allow
hunting of wild turkey, ring-necked
pheasant, gray partridge, ruffed grouse,
squirrel, cottontail rabbit, snowshoe
hare, raccoon, opossum, striped skunk,
red fox, gray fox, coyote, and bobcat on
designated areas of the refuge subject to
the following conditions:
(i) For hunting, you may use or
possess only approved lead-free shot
shells while in the field, including shot
shells used for hunting wild turkey (see
§ 32.2(k)).
(ii) We prohibit night hunting of
upland game from 30 minutes after legal
sunset until 30 minutes before legal
sunrise the following day.
(iii) We allow the use of dogs while
hunting upland game (except raccoon,
opossum, striped skunk, red fox, gray
fox, coyote, and bobcat), provided the
dog is under the immediate control of
the hunter at all times.
(iv) Coyote, red fox, gray fox, and
bobcat hunting begins on the first day of
the traditional 9-day gun deer season.
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(vi) You may only hunt striped skunk
and opossum during the season for
raccoon.
(vii) You may only hunt snowshoe
hare during the season for cottontail
rabbit.
(viii) Hunters may enter the refuge no
earlier than 2 hours before legal
shooting hours and must exit the refuge
no later than 2 hours after legal shooting
hours.
(3) Big game hunting. We allow
hunting of white-tailed deer and black
bear in designated areas of the refuge
subject to the following conditions:
(i) You must remove all boats, decoys,
game cameras, blinds, blind materials,
stands, platforms, and other personal
equipment brought onto the refuge at
the end of each day’s hunt (see § 27.93
of this chapter). We prohibit hunting
from any stand left up overnight.
(ii) We prohibit hunting bear with
dogs.
(iv) The condition set forth at
paragraph (d)(2)(viii) of this section
applies.
(v) 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.
(4) Sport fishing. We allow fishing on
designated areas of the refuge subject to
the following conditions:
(i) We only allow bank fishing or
fishing through the ice.
(ii) We prohibit the use of fishing
weights or lures containing lead.
(iii) 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).
(iv) We allow fishing in designated
areas from legal sunrise to legal sunset
each day.
*
*
*
*
*
Shannon A. Estenoz,
Assistant Secretary for Fish and Wildlife and
Parks.
[FR Doc. 2024–16984 Filed 8–1–24; 8:45 am]
BILLING CODE 4333–15–P
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Agencies
[Federal Register Volume 89, Number 149 (Friday, August 2, 2024)]
[Proposed Rules]
[Pages 63139-63152]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-16984]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 32
[Docket No. FWS-HQ-NWRS-2024-0034; FXRS12610900000-245-FF09R20000]
RIN 1018-BH17
National Wildlife Refuge System; 2024-2025 Station-Specific
Hunting and Sport Fishing Regulations
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: We, the U.S. Fish and Wildlife Service (Service), propose to
open hunting opportunities on six National Wildlife Refuges (NWRs) and
to expand hunting or sport fishing opportunities on seven NWRs. Crab
Orchard NWR is proposing to close hunting on 111 acres so that the area
can be used for visitor services facilities and activities. 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, Canaan Valley NWR in
West Virginia is proposing to require lead-free ammunition for all
hunting on the new Big Cove Unit. Additionally, Des Lacs, J. Clark
Salyer, Lostwood, and Upper Souris NWRs in North Dakota are proposing
to require lead-free ammunition for elk hunting. These proposals would
be effective immediately in fall 2024, if adopted 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.
DATES: We will accept comments received or postmarked on or before
September 3, 2024.
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-
2024-0034, 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-2024-0034, 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: Christian Myers, (571) 422-3595.
Please see Docket No. FWS-HQ-NWRS-2024-0034 on https://www.regulations.gov for a document that summarizes this proposed rule.
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 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 Refuge System'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 national 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
[[Page 63140]]
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 or hatcheries to the lists of areas
open to hunting and sport fishing in 50 CFR part 32 or 71,
respectively. 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 (88 FR 74050; October 30, 2023) 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 part 32,
visitors to our stations may find them reiterated in literature
distributed by each station or posted on signs.
Table 1--Proposed Changes for 2024-2025 Hunting/Sport Fishing Season
--------------------------------------------------------------------------------------------------------------------------------------------------------
Station State Migratory bird hunting Upland game hunting Big game hunting Sport fishing
--------------------------------------------------------------------------------------------------------------------------------------------------------
Bayou Teche NWR.................... Louisiana............. E..................... Already Open......... E.................... Already Open.
Canaan Valley NWR.................. West Virginia......... E..................... E.................... E.................... Already Open.
Des Lacs NWR....................... North Dakota.......... Already Closed........ Already Open......... O.................... Already Closed.
Green River NWR.................... Kentucky.............. N..................... Already Closed....... N.................... Already Closed.
Horicon NWR........................ Wisconsin............. Already Open.......... Already Open......... Already Open......... E.
J. Clark Salyer NWR................ North Dakota.......... Already Open.......... Already Open......... O.................... Already Open.
Lostwood NWR....................... North Dakota.......... Already Closed........ Already Open......... O.................... Already Closed.
Trinity River NWR.................. Texas................. O..................... Already Open......... E.................... Already Open.
Turnbull NWR....................... Washington............ Already Open.......... Already Closed....... E.................... Already Closed.
Upper Souris NWR................... North Dakota.......... Already Closed........ Already Open......... O.................... Already Open.
Valentine NWR...................... Nebraska.............. Already Open.......... E.................... Already Open......... Already Open.
Waccamaw NWR....................... South Carolina........ E..................... Already Open......... Already Open......... Already Open.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Key:
N = New station opened for the first time.
O = Opening (New species and/or new activity on a station previously open to other activities)
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 2024-2025 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, and the appropriate National Environmental
Policy Act (NEPA; 42 U.S.C. 4321 et seq.) analysis, all of which are
subject to a public review and comment process. These supporting
documents are available alongside this proposed rule at Docket No. FWS-
HQ-NWRS-2024-0034 on https://www.regulations.gov.
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
[[Page 63141]]
of this proposed rulemaking, indicates that lead ammunition and tackle
can have negative impacts on wildlife, and that exposure to lead has
negative impacts to human health. Based on the best available science
and sound professional judgment, where appropriate, the Service may
propose to require the use of lead-free 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
proposed rule does not include any opportunities proposing to increase
or authorize the new use of lead. Crab Orchard NWR is proposing to
close hunting on 111 acres that are currently open to hunting so that
the area can be used for visitor services facilities and activities,
which is not expected to impact hunter use rates or lead use. Turnbull,
Horicon, and Valentine NWRs are proposing hunting and fishing
expansions to species where lead-free ammunition or tackle is already
required on the refuges. Trinity River, Bayou Teche, Green River, and
Waccamaw NWRs are either proposing to open or expand archery deer
hunting or to open or expand migratory bird hunting, which do not
involve lead ammunition. Des Lacs, J. Clark Salyer, Lostwood, and Upper
Souris NWRs are proposing to open elk hunting that would require the
use of lead-free ammunition immediately in the fall 2024 season. In
this proposed rule, Canaan Valley NWR is proposing to expand all
hunting to the Big Cove Unit and proposing to require the use of lead-
free ammunition immediately in the fall 2024 season on the Big Cove
Unit.
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/choose-fish-and-shellfish-wisely.
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 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, 13563, and
14094)
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 proposed rule in a manner consistent with
these requirements.
E.O. 12866, as reaffirmed by E.O. 13563 and E.O. 14094, provides
that the Office of Information and Regulatory Affairs (OIRA) in the
Office of Management and Budget (OMB) will review all significant
rules. OIRA has determined that this proposed rule is not significant.
Regulatory Flexibility Act
Under the Regulatory Flexibility Act (RFA; 5 U.S.C. 601 et seq.),
as amended by the Small Business Regulatory Enforcement Fairness Act of
1996 (SBREFA; 5 U.S.C. 801 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 RFA 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 12 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 1,481 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.
[[Page 63142]]
Table 2--Estimated Maximum Change in Recreation Opportunities in 2024-2025
[2023 Dollars in thousands]
----------------------------------------------------------------------------------------------------------------
Additional Additional Additional
Station hunting days fishing days expenditures
----------------------------------------------------------------------------------------------------------------
Bayou Teche NWR................................................. 40 .............. $1.6
Canaan Valley NWR............................................... 20 .............. 0.8
Des Lacs NWR.................................................... 70 .............. 2.8
Green River NWR................................................. 144 .............. 5.7
Horicon NWR..................................................... .............. 365 15.1
J. Clark Salyer NWR............................................. 70 .............. 2.8
Lostwood NWR.................................................... 70 .............. 2.8
Trinity River NWR............................................... 300 .............. 11.9
Turnbull NWR.................................................... 272 .............. 10.8
Upper Souris NWR................................................ 70 .............. 2.8
Valentine NWR................................................... 60 .............. 2.4
Waccamaw NWR.................................................... 0 .............. 0
-----------------------------------------------
Total....................................................... 1,116 365 59.5
----------------------------------------------------------------------------------------------------------------
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 yields approximately
$59,500 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 $150,000 (2023 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 $149,000 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 $30,000 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 substantial number of small entities
in any region or nationally. As noted previously, we expect at most
$59,500 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 2024-2025; see table 2, above.
Table 3--Comparative Expenditures for Retail Trade Associated With Additional Station Visitation for 2024-2025
[Thousands, 2023 dollars]
----------------------------------------------------------------------------------------------------------------
Estimated
maximum Addition as Establishments
Station/county(ies) Retail trade addition (%) of Establishments with fewer than
in 2017 \1\ from new total in 2017 \1\ 10 employees in
activities 2017
----------------------------------------------------------------------------------------------------------------
Bayou Teche:
St. Mary Parish, LA............. $658,214 $2 <0.1 186 145
Canaan Valley:
Grant, WV....................... 133,024 0 <0.1 42 28
Tucker, WV...................... 79,611 0 <0.1 28 20
Des Lacs:
Renville, ND.................... 43,869 3 <0.1 13 11
Green River:
Henderson, KY................... 825,225 6 <0.1 150 98
Horicon:
Dodge, WI....................... 1,069,734 8 <0.1 232 154
Fond du Lac, WI................. 2,137,970 8 <0.1 344 207
J. Clark Salyer:
McHenry, ND..................... 39,926 3 <0.1 19 14
[[Page 63143]]
Lostwood:
Burke, ND....................... 38,614 1 <0.1 8 4
Mountrail, ND................... $228,282 1 <0.1 47 27
Trinity River:
Liberty, TX..................... 1,047,020 12 <0.1 201 143
Turnbull:
Spokane, WA..................... 9,754,429 11 <0.1 1,627 1,036
Upper Souris:
Renville, ND.................... 43,869 1 <0.1 13 11
Ward, ND........................ 1,844,525 1 <0.1 309 169
Valentine:
Cherry, NE...................... 116,107 2 <0.1 43 30
Waccamaw:
Georgetown, SC.................. 1,035,984 0 0 287 206
----------------------------------------------------------------------------------------------------------------
\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 proposed 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 E.O.
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 open or
expand hunting at twelve 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
[[Page 63144]]
have determined that there are no effects. We coordinate recreational
use on NWRs and National Fish Hatcheries with Tribal governments having
adjoining or overlapping jurisdiction before we propose the
regulations.
Paperwork Reduction Act (PRA)
This proposed 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 includes
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
Christian Myers, Division of Natural Resources and Conservation
Planning, National Wildlife Refuge System, is the primary author of
this rulemaking document.
Proposed Regulation Summary Table
The regulatory amendments set forth below are presented alongside
existing station-specific regulations that have not been amended. For a
table that provides additional clarity on which specific regulatory
provisions have been amended, please see Docket No. FWS-HQ-NWRS-2024-
0034 on https://www.regulations.gov for a separate document containing
a table that provides additional clarity on which specific regulatory
provisions have been amended and how they have been amended.
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.
[[Page 63145]]
0
2. Amend Sec. 32.7 by revising and republishing paragraph (q) to read
as follows:
Sec. 32.7 What refuge units are open to hunting and/or sport fishing?
* * * * *
(q) Kentucky. (1) Clarks River National Wildlife Refuge.
(2) Green River National Wildlife Refuge.
(3) Ohio River Islands National Wildlife Refuge.
(4) Reelfoot National Wildlife Refuge.
* * * * *
0
3. Amend Sec. 32.24 by revising and republishing paragraphs (j), (m),
and (x) to read as follows:
Sec. 32.24 California.
* * * * *
(j) Lower Klamath National Wildlife Refuge--(1) Migratory game bird
hunting. We allow hunting of goose, duck, coot, moorhen, and snipe on
designated areas of the refuge subject to the following conditions:
(i) In the controlled waterfowl hunting area, we require a valid
Refuge Recreation Pass (available electronically or in person at the
refuge office) for all hunters age 16 or older. All hunters age 15 and
younger must remain in the immediate presence of an adult (age 18 or
older) at all times while in the field.
(ii) Unless otherwise posted, we require advance reservations for
the first 2 days of the hunting season. Reservations are obtained
through the waterfowl lottery each year.
(iii) Hunters may enter the refuge at 4:30 a.m. unless otherwise
posted.
(iv) Shooting hours end at 1 p.m. on all California portions of the
refuge with the following exceptions:
(A) The refuge manager may designate up to 6 afternoon special
youth, ladies, veteran, or disabled hunter waterfowl hunts per season.
(B) The refuge manager may designate up to 3 days per week of
afternoon waterfowl hunting for the general public after December 1.
(v) We prohibit the setting of decoys in retrieving zones.
(vi) Pit-style hunting blinds located in the Stearns units and unit
9D are first-come, first-served. We require you to hunt within a 200-
foot (61-meter) radius of the blind.
(2) Upland game hunting. We allow hunting of pheasant on designated
areas of the refuge subject to the following conditions:
(i) In the controlled pheasant hunting area, we require a valid
Refuge Recreation Pass (available electronically or in person at the
refuge office) for all hunters age 16 or older.
(ii) All hunters age 15 or younger must remain in the immediate
presence of an adult (age 18 or older) at all times while in the field.
(3)-(4) [Reserved]
* * * * *
(m) Modoc National Wildlife Refuge--(1) Migratory game bird
hunting. We allow hunting of goose, duck, coot, moorhen, and snipe on
designated areas of the refuge subject to the following conditions:
(i) On the opening weekend of the hunting season, hunters must
possess and carry a refuge permit (FWS Form 3-2439, Hunt Application/
Permit--National Wildlife Refuge System) issued through random drawing
to hunters with advance reservations only.
(ii) After the opening weekend of the hunting season, we only allow
hunting on Tuesdays, Thursdays, and Saturdays. Hunters must check-in
and out of the refuge by using self-service permits (FWS Form 3-2405,
Self-Clearing Check-in/out Permit). Hunters must completely fill out
the ``Refuge Hunt Permit'' portion of the permit and deposit it in the
drop box prior to hunting. Hunters must complete and display the
``Daily Vehicle Permit'' in the windshield of the hunter's vehicle
prior to hunting. The hunter must possess and carry the ``Record of
Kill'' and ``Waterfowl Harvest Statistics'' portions of the permit
while on the refuge and turn them in prior to exiting the hunting area.
(iii) In the designated spaced blind area, you must remain within
the blind assigned to you.
(iv) All hunters age 15 and younger must remain in the immediate
presence of an adult (age 18 or older) at all times while in the field.
(v) You may not possess more than 25 shot shells while in the field
once you have left your assigned parking lot or boat launch.
(vi) You may only use portable blinds in the free-roam hunting
areas.
(vii) You must remove all blinds, decoys, shell casings, other
personal equipment, and refuse from the refuge at the end of each day
(see Sec. Sec. 27.93 and 27.94 of this chapter).
(viii) Hunters must enter and exit the hunting area from the three
designated hunt parking lots, which we open 1\1/2\ hours before legal
shooting time and close 1 hour after legal shooting time each hunt day.
(ix) We only allow walk-in access to the hunt area by foot and
nonmotorized cart.
(2) Upland game hunting. We allow hunting of pheasant on designated
areas of the refuge subject to the following conditions:
(i) We limit hunting to junior hunters possessing a valid State
Junior Hunting License and refuge Junior Pheasant Hunt Permit (FWS Form
3-2439, Hunt Application/Permit--National Wildlife Refuge System).
(ii) All hunters age 15 and younger must remain in the immediate
presence of an adult (age 18 or older) at all times while in the field.
(3) [Reserved]
(4) Sport fishing. We allow sport fishing only on Dorris Reservoir
subject to the following conditions:
(i) We prohibit fishing from October 1 to January 31.
(ii) We allow fishing only from legal sunrise to legal sunset.
(iii) We allow only walk-in access to Dorris Reservoir from
February 1 through March 31.
(iv) We allow use of boats for fishing on Dorris Reservoir only
from April 1 through September 30.
* * * * *
(x) Tule Lake National Wildlife Refuge--(1) Migratory game bird
hunting. We allow hunting of goose, duck, coot, moorhen, and snipe on
designated areas of the refuge subject to the following conditions:
(i) In the controlled waterfowl hunting area, we require a valid
Refuge Recreation Pass (available electronically or in person at the
refuge office) for all hunters age 16 or older.
(ii) All hunters age 15 or younger must remain in the immediate
presence of an adult (age 18 or older) at all times while in the field.
(iii) Unless otherwise posted, we require advance reservations for
the first 2 days of the hunting season. You may obtain a reservation
through the waterfowl lottery each year.
(iv) Hunters may enter the refuge at 4:30 a.m. unless otherwise
posted.
(v) Shooting hours end at 1 p.m. on all portions of the refuge with
the following exceptions:
(A) The refuge manager may designate up to 6 afternoon special
youth, ladies, veteran, or disabled hunter waterfowl hunts per season.
(B) The refuge manager may designate up to 3 days per week of
afternoon waterfowl hunting for the general public after December 1.
(vi) You select blind sites by lottery at the beginning of each
hunt day. You may shoot only from within your assigned blind site.
(vii) We prohibit the setting of decoys in retrieving zones.
(viii) We prohibit air-thrust and inboard water-thrust boats while
hunting. We prohibit the use of all-terrain amphibious or utility-type
vehicles (UTVs) in wetland units.
[[Page 63146]]
(2) Upland game hunting. We allow hunting of pheasant on designated
areas of the refuge subject to the following conditions:
(i) In the controlled pheasant hunting area, we require a valid
Refuge Recreation Pass (available electronically or in person at the
refuge office) for all hunters age 16 or older.
(ii) All hunters age 15 or younger must remain in the immediate
presence of an adult (age 18 or older) at all times while in the field.
(3)-(4) [Reserved]
0
4. Amend Sec. 32.36 by:
0
a. Redesignating paragraphs (b) and (c) as paragraphs (c) and (d),
respectively; and
0
b. Adding a new paragraph (b).
The addition reads as follows:
Sec. 32.36 Kentucky.
* * * * *
(b) Green River National Wildlife Refuge--(1) Migratory game bird
hunting. We allow hunting of duck, goose, coot, merganser, teal, and
dove on designated areas of the refuge subject to the following
conditions:
(i) Each hunter age 12 and older must possess and carry a signed
refuge hunting brochure (FWS Form 3-2439, Hunt Application/Permit--
National Wildlife Refuge System) while hunting on the refuge.
(ii) All hunters age 15 or younger must be supervised by an adult
age 21 or older and must remain in sight of and normal voice contact
with the adult. The adult may supervise no more than two youths.
(iii) We prohibit hunting within 100 yards (91 meters) of a
residence, graveled road, or hiking trail managed by the Service as
part of Green River NWR.
(iv) We prohibit the use of trail cameras.
(v) We allow the use of boats operated only by manual power or an
electric trolling motor for hunters to access the refuge. We prohibit
the use of internal combustion motors, personal watercraft (e.g., jet
skis), airboats, and hovercraft on waters owned and managed by Green
River NWR.
(vi) We allow the use of bikes, including e-bikes, for hunters to
access the refuge along designated routes only (graveled and paved
roads, and established trails) managed by the Service as part of Green
River NWR. We prohibit the use of internal combustion motors on lands
owned and managed by Green River NWR.
(vii) We allow the use of off-road or all-terrain vehicles (e.g.,
ATVs/UTVs) only for mobility-impaired hunters who, while hunting on the
refuge, possess and carry a valid General Activities Special Use Permit
(FWS Form 3-1383-G) approved by the refuge manager.
(viii) We prohibit marking or flagging any tree or other refuge
feature with non-biodegradable reflectors, paint, flagging, or other
substances.
(ix) Access to open hunting areas of the refuge is from 2 hours
before legal sunrise to 2 hours after legal sunset.
(x) We prohibit the killing or wounding of a game animal and then
intentionally or knowingly failing to make a reasonable effort to
retrieve and include it in the hunter's bag limit.
(xi) We allow duck, goose, coot, wood duck, teal, and merganser
hunting from \1/2\ hour before legal sunrise until 12 p.m. (noon). We
allow dove hunting according to State shooting hours.
(xii) We allow the use of dogs for migratory game bird hunting. Dog
owners and handlers must have a collar on each dog with the owner's
contact information (FWS Form 3-2439).
(xiii) For migratory game bird hunting, you must remove all decoys,
blinds, and hunting equipment at the end of each day's hunt (see Sec.
27.93 of this chapter).
(xiv) For youth, seniors, and disabled hunters, as defined by the
State, the Horseshoe Bend Unit will be open to waterfowl hunting during
the months of December and January of the Statewide waterfowl season,
and during the additional Statewide veterans and youth hunt dates in
February.
(xv) We prohibit waterfowl hunting during any Statewide seasons
prior to December.
(xvi) We prohibit all entry to the Tscharner East section of the
Bluff Unit from November 1 through March 31.
(xvii) The big game quota hunt in the month of November of the
Statewide white-tailed deer season is open only to holders of a big
game quota permit (FWS Form 3-2439, Hunt Application/Permit--National
Wildlife Refuge System). During that hunt, the Tscharner West section
of the Bluff Unit and the Horseshoe Bend Unit are closed to all non-
selected hunters and the general public.
(2) [Reserved]
(3) Big game hunting. We allow only archery and crossbow 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 (b)(1)(i), (iii) through
(x), (xvi), and (xvii) of this section apply.
(ii) Hunters age 15 and younger must be supervised by an adult age
21 or older and must remain in sight of and normal voice contact with
the adult. The adult may supervise no more than one youth.
(iii) We allow white-tailed deer and turkey hunting according to
State shooting hours.
(iv) You must use safety belts at all times when occupying tree
stands.
(v) You must remove all tree stands (portable and climbing) and
ground blinds by legal sunset of each day's hunt.
(vi) You may use no more than one stand or blind per hunter.
(vii) The big game quota permit (FWS Form 3-2439, Hunt Application/
Permit--National Wildlife Refuge System) is a limited entry permit, is
zone-specific, and is nontransferable.
(viii) During the big game quota hunt, we allow only hunters
possessing a valid big game quota permit (FWS Form 3-2439, Hunt
Application/Permit--National Wildlife Refuge System) on the refuge and
only for the purposes of deer and turkey hunting.
(ix) For the drawn holders of a big game quota permit (FWS Form 3-
2439, Hunt Application/Permit--National Wildlife Refuge System), the
Horseshoe Bend Unit and Tscharner West section of the Bluff Unit will
be open, up to 21 days, during the month of November of the Statewide
season.
(x) For youth, seniors, and disabled hunters, as defined by the
State, the Horseshoe Bend Unit and Tscharner West section of the Bluff
Unit will be open to archery and crossbow hunting of deer and turkey
during the months of September and October in accordance with State
season dates.
(xi) For youth, as defined by the State, the Horseshoe Bend Unit
and Tscharner West section of the Bluff Unit will be open to archery
and crossbow hunting of turkey during the months of April and May in
accordance with State season dates.
(4) [Reserved]
* * * * *
0
5. Amend Sec. 32.37 by revising and republishing paragraphs (d), (e),
and (m) to read as follows:
Sec. 32.37 Louisiana.
* * * * *
(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)
[[Page 63147]]
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 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. 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.
(vi) The conditions set forth at paragraphs (d)(2)(i) through (iv)
of this section do not apply to upland game hunting on the Mitigation
Units.
(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 with firearms (see Sec. 27.42 of this
chapter) of deer only on 5 specific days in October and November each
year. A youth gun hunt will occur on 2 days, consisting of both the
Saturday and the Sunday of the last full weekend within the month of
October. The general gun hunt will occur on 3 days, consisting of the
Friday immediately before and the last full weekend within the month of
November.
(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) The condition set forth at paragraph (d)(3)(i) of this section
does not apply to big game hunting on the Mitigation Units.
(vii) We prohibit the use of deer decoys.
(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) 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.
[[Page 63148]]
(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.
(xi) We prohibit hunters and anglers from utilizing air boats, air
thrust boats, mud boats, aircraft, and air-cooled propulsion engines 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 (xi) of this section apply.
(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) Deer hunters must display State Wildlife Management Area (WMA)
hunter-orange or blaze-pink (as governed by State WMA regulations)
while on the ground.
(v) The conditions set forth at paragraphs (e)(1)(i), (v), (vi),
and (viii) through (xi) of this section apply.
(vi) 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 conditions set forth at paragraphs (e)(1)(i) and (xi) of
this section apply.
* * * * *
(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.
(xi) We close all refuge lands between Raphael Pass and Main Pass
to public entry, including hunting and fishing, from November 1 through
the end of February; year-round access is only allowed in Main,
Raphael, Octave, Women, and Flatboat passes.
(xii) We prohibit hunters and anglers from utilizing air boats, air
thrust boats, mud boats, aircraft, and air-cooled propulsion engines on
the refuge.
(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), (v) through
(viii), (xi), and (xii) 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 (xii) 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
[[Page 63149]]
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.
(ii) We prohibit the use of trotlines, limblines, slat traps, jug
lines, nets, or alligator lines.
(iii) The conditions set forth at paragraphs (m)(1)(i), (xi), and
(xii) of this section apply.
* * * * *
0
6. Amend Sec. 32.41 by revising and republishing paragraph (f) to read
as follows:
Sec. 32.41 Michigan.
* * * * *
(f) Shiawassee National Wildlife Refuge--(1) Migratory game bird
hunting. We allow hunting of waterfowl (duck and goose), American
woodcock, American crow, American coot, common gallinule, sora,
Virginia rail, and Wilson's snipe on designated areas of the refuge
subject to the following conditions:
(i) You must possess and carry a refuge check-in card (FWS Form 3-
2405, Self-Clearing Check-in Permit).
(ii) We allow waterfowl hunting on Saturdays, Sundays, Tuesdays,
and Thursdays during the regular goose season after September 30.
(iii) We allow hunter access to the refuge 2 hours before legal
shooting time to 2 hours after legal shooting time.
(iv) You may possess no more than 25 shotgun shells while hunting
in the field.
(v) We allow the use of dogs while hunting, provided the dog is
under the immediate control of the hunter at all times.
(vi) We allow the take of feral hogs incidental to other lawful
hunting using legal methods of take.
(2) Upland game hunting. We allow hunting of turkey, small game
(eastern fox squirrel, eastern cottontail, and ring-necked pheasant),
and furbearers (raccoon, coyote, and red fox) on designated areas of
the refuge subject to the following conditions:
(i) The conditions set forth at paragraphs (f)(1)(iii) and (vi) of
this section apply, except we allow hunter access to the refuge for
furbearer hunting from \1/2\ hour before legal sunrise to \1/2\ hour
after legal sunset.
(ii) You may only hunt turkey during the spring season.
(iii) We allow dogs for hunting. Raccoon hunting dogs must wear
global positioning system (GPS) or radio collars.
(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)(iii) and (vi) of
this section apply.
(ii) You must possess and carry a refuge permit (State-issued
permit).
(4) Sport fishing. We allow sport fishing on designated areas of
the refuge subject to the following conditions:
(i) We allow fishing by boat in navigable waterways but not within
any managed refuge units.
(ii) We allow bank fishing from legal sunrise to legal sunset only
at designated sites along the Tittabawassee and Cass Rivers.
0
7. Amend Sec. 32.42 by revising and republishing paragraph (a) to read
as follows:
Sec. 32.42 Minnesota.
* * * * *
(a) Agassiz National Wildlife Refuge--(1) Migratory game bird
hunting. We allow youth waterfowl hunting on designated areas of the
refuge subject to the following conditions:
(i) We allow the use of dogs while hunting, provided the dog is
under the immediate control of the hunter at all times.
(ii) Hunters must dismantle hunting blinds, platforms, and ladders
made from natural vegetation at the end of each day.
(iii) You must remove all boats, decoys, blind materials, stands,
platforms, cameras, and other personal property brought onto the refuge
at the end of each day (see Sec. Sec. 27.93 and 27.94 of this
chapter).
(iv) We close the refuge from 7 p.m. to 5:30 a.m.
(v) We allow the use of motorless boats for hunting.
(vi) We only allow waterfowl hunting during the State's youth
waterfowl season.
(2) Upland game hunting. We allow hunting of ruffed grouse and
sharp-tailed grouse on designated areas of the refuge subject to the
following conditions:
(i) The conditions set forth at paragraphs (a)(1)(i) through (v) of
this section apply.
(ii) We only allow hunting from the opening of the State's deer
firearms season to the close of the State's ruffed grouse and sharp-
tailed grouse seasons, respectively.
(3) Big game hunting. We allow hunting of white-tailed deer and
moose on designated areas of the refuge subject to the following
conditions:
(i) The conditions set forth at paragraphs (a)(1)(i), (iv), and (v)
of this section apply.
(ii) We prohibit shooting on, from, over, across, or within 30 feet
(9 meters) of a roadway open to motorized public vehicle transportation
at a big game animal or a decoy of a big game animal.
(iii) We only allow archery hunting from the start of the State's
deer firearms season, and close as governed by the State's archery deer
season.
(iv) You must remove all boats, decoys, cameras, and other personal
property brought onto the refuge at the end of each day (see Sec. Sec.
27.93 and 27.94 of this chapter).
(v) We allow only portable tree stands; portable, elevated hunting
platforms not attached to trees; and portable ground blinds that can be
hand-carried into the hunting area.
(vi) You may place your tree stand(s), elevated platform(s), and/or
ground blind(s) on the refuge only during your designated licensed
season. You must remove these stands/blinds by the end of your
designated licensed season (see Sec. Sec. 27.93 of this chapter).
Unoccupied stands/blinds may be used by anyone.
(vii) We allow only two stands/blinds per hunter on the refuge. You
must clearly label the stands/blinds with your State hunting license
number.
(viii) We prohibit the use of nails, wire, screws, or bolts to
attach a stand to a tree.
(ix) We prohibit hunting from a tree into which a metal object has
been driven to support a hunter.
(4) [Reserved]
* * * * *
0
8. Amend Sec. 32.45 by revising and republishing paragraph (o) to read
as follows:
Sec. 32.45 Montana.
* * * * *
[[Page 63150]]
(o) Lost Trail National Wildlife Refuge. (1) [Reserved]
(2) Upland game hunting. We allow hunting of turkey and mountain
grouse on designated areas of the refuge subject to the following
conditions:
(i) We allow use of riding or pack stock on designated access
routes through the refuge to access off-refuge lands as identified in
the public use leaflet.
(ii) We prohibit retrieval of game in areas closed to hunting
without a refuge retrieval permit.
(iii) We allow portable or temporary blinds and tree stands.
(3) Big game hunting. We allow hunting of elk, white-tailed deer,
and mule deer on designated areas of the refuge subject to the
following conditions:
(i) The conditions set forth at paragraphs (o)(2)(i) through (iii)
of this section apply.
(ii) Persons assisting disabled hunters must not be afield with a
hunting firearm, bow, or other hunting device.
(4) [Reserved]
* * * * *
0
9. Amend Sec. 32.46 by revising and republishing paragraph (c) to read
as follows:
Sec. 32.46 Nebraska.
* * * * *
(c) Fort Niobrara National Wildlife Refuge--(1) Migratory game bird
hunting. We allow hunting of coot, crow, dark goose, dove, duck, light
goose, rail, snipe, teal, and woodcock on designated areas of the
refuge subject to the following conditions:
(i) Hunters and anglers may access the refuge from 2 hours before
legal sunrise until 2 hours after legal sunset.
(ii) We allow access from designated areas of the refuge.
(iii) You must remove all blinds and decoys at the conclusion of
each day's hunt (see Sec. 27.93 of this chapter).
(iv) We allow the use of dogs when hunting August 1 through April
30.
(2) Upland game hunting. We allow hunting of badger, bobcat,
coyote, fox, long-tailed weasel, mink, opossum, prairie dog, porcupine,
rabbit, hare, raccoon, skunk, squirrel, woodchuck, State-defined
furbearers, greater prairie chicken, grouse, partridge, pheasant,
quail, and 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) of this section apply.
(ii) We allow hunting with muzzleloader, archery, shotgun, and
falconry.
(iii) You may only possess lead-free shot when hunting turkey (see
Sec. 32.2(k)).
(iv) Shooting hours for coyote, prairie dog, porcupine, woodchuck,
and State-defined furbearers are \1/2\ hour before legal sunrise to \1/
2\ hour after legal sunset.
(3) Big game hunting. We allow hunting of deer, elk, and pronghorn
antelope 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) We allow hunting only with muzzleloader and archery equipment.
(iii) We allow portable tree stands and ground blinds to be used
from August 16 through January 31.
(4) Sport fishing. We allow fishing on Minnechaduza Creek and on
the Niobrara River, downstream from the Cornell Dam, subject to the
following conditions:
(i) The conditions set forth at paragraphs (c)(1)(i) and (ii) of
this section apply.
(ii) We prohibit the use of limb or set lines.
(iii) We prohibit the take of baitfish, reptiles, and amphibians.
(iv) We prohibit use or possession of alcoholic beverages while
fishing on refuge lands and waters.
* * * * *
0
10. Amend Sec. 32.53 by revising and republishing paragraphs (q), (w),
(oo), and (kkk) to read as follows:
Sec. 32.53 North Dakota.
* * * * *
(q) Des Lacs National Wildlife Refuge. (1) [Reserved]
(2) Upland game hunting. We allow hunting of fox, sharp-tailed
grouse, Hungarian partridge, turkey, and ring-necked pheasant on
designated areas of the refuge subject to the following conditions:
(i) We open for upland game bird hunting on the day following the
close of the regular deer gun season through the end of the State
season.
(ii) We allow the use of hunting dogs for retrieval of upland game.
(iii) We allow fox hunting from the day following the regular
firearm deer season until March 31.
(iv) We prohibit accessing refuge lands from refuge waters.
(3) Big game hunting. We allow deer, elk, and moose hunting on
designated areas of the refuge subject to the following conditions:
(i) We only allow the use of portable tree stands and ground
blinds. We prohibit leaving stands and blinds overnight on the refuge
(see Sec. 27.93 of this chapter).
(ii) We prohibit entry to the refuge before 12 p.m. (noon) on the
first day of the respective bow, gun, or muzzleloader deer hunting
seasons.
(iii) The condition set forth at paragraph (q)(2)(iv) of this
section applies.
(iv) You may only possess lead-free ammunition when hunting elk
(see Sec. 32.2(k)).
(4) [Reserved]
* * * * *
(w) J. Clark Salyer National Wildlife Refuge--(1) Migratory game
bird hunting. We allow hunting of goose, duck, and coot on designated
areas of the refuge subject to the following condition: We allow the
use of dogs for hunting and retrieving game birds.
(2) Upland game hunting. We allow hunting of ruffed and sharp-
tailed grouse, Hungarian partridge, turkey, ring-necked pheasant, and
fox on designated areas of the refuge subject to the following
conditions:
(i) We open the refuge to hunting for sharp-tailed grouse,
Hungarian partridge, and ring-necked pheasant north of the Willow-Upham
road on the day following the close of the regular firearm deer season.
(ii) We open the refuge to fox hunting on the day following the
close of the regular firearm deer season. Fox hunting on the refuge
closes March 31.
(iii) Hunters may possess only approved lead-free shot (see Sec.
32.2(k)) for all upland game hunting, including turkey.
(3) Big game hunting. We allow hunting of deer, elk, and moose on
designated areas of the refuge subject to the following conditions:
(i) You must possess and carry a refuge permit to hunt antlered
deer on the refuge outside the nine public hunting areas during the
regular firearms season.
(ii) We prohibit entry to the refuge before 12 p.m. (noon) on the
first day of the respective bow, gun, or muzzleloader deer hunting
seasons. You may access refuge roads open to the public before 12 p.m.
(noon).
(iii) You may only possess lead-free ammunition when hunting elk
(see Sec. 32.2(k)).
(4) Sport fishing. We allow sport fishing on designated areas of
the refuge subject to the following conditions:
(i) We allow boat fishing from May 1 through September 30.
(ii) We allow ice fishing and dark house spearfishing. We allow
snowmobiles, all-terrain vehicles (ATVs), utility terrain vehicles
(UTVs),
[[Page 63151]]
motor vehicles, and fish houses on the ice as conditions allow.
* * * * *
(oo) Lostwood National Wildlife Refuge. (1) [Reserved]
(2) Upland game hunting. We allow hunting of sharp-tailed grouse,
Hungarian partridge, and ring-necked pheasant on designated areas of
the refuge subject to the following condition: We allow the use of dogs
to retrieve upland game.
(3) Big game hunting. We allow deer, elk, and moose hunting on
designated areas of the refuge subject to the following conditions:
(i) We prohibit entry to the refuge before 12 p.m. (noon) on the
first day of the respective archery, gun, or muzzleloader deer hunting
season.
(ii) You may only possess lead-free ammunition when hunting elk
(see Sec. 32.2(k)).
(4) [Reserved]
* * * * *
(kkk) Upper Souris National Wildlife Refuge. (1) [Reserved]
(2) Upland game hunting. We allow hunting of wild turkey, sharp-
tailed grouse, Hungarian partridge, and pheasant on designated areas of
the refuge subject to the following conditions:
(i) We allow the use of dogs for hunting and retrieving of upland
game birds.
(ii) We allow hunters on the refuge from 5 a.m. until 10 p.m.
(3) Big game hunting. We allow deer, elk, and moose hunting on
designated areas of the refuge subject to the following conditions:
(i) We only allow the use of portable tree stands and ground
blinds. You must remove stands and blinds from the refuge at the end of
each day's hunt (see Sec. 27.93 of this chapter).
(ii) The condition set forth at paragraph (kkk)(2)(ii) of this
section applies.
(iii) We prohibit entry to the refuge before 12 p.m. (noon) on the
first day of the respective bow, gun, or muzzleloader deer hunting
seasons.
(iv) You may only possess lead-free ammunition when hunting elk
(see Sec. 32.2(k)).
(4) Sport fishing. We allow sport fishing on designated areas of
the refuge subject to the following conditions:
(i) We allow the use of fishing boats, canoes, kayaks, and float
tubes in designated boat fishing areas from Lake Darling Dam north to
State Highway 28 (Greene) crossing for fishing from May 1 through
September 30.
(ii) We allow fishing from nonmotorized vessels only on the Beaver
Lodge Canoe Trail from May 1 through September 30.
(iii) We allow boating and fishing from vessels on the Souris River
from Mouse River Park to the north boundary of the refuge from May 1
through September 30.
(iv) We allow snowmobiles, all-terrain vehicles (ATVs), utility
terrain vehicles (UTVs), motor vehicles, and fish houses on the ice as
conditions allow from Lake Darling Dam north to Carter Dam (Dam 41) for
ice fishing.
(v) We allow you to place fish houses overnight on the ice of Lake
Darling as governed by State regulations.
(vi) We allow anglers to place portable fish houses on the Souris
River north of Carter Dam (Dam 41) and south of Lake Darling Dam for
ice fishing, but anglers must remove the fish houses from the refuge at
the end of each day's fishing activity (see Sec. 27.93 of this
chapter).
(vii) We allow anglers on the refuge from 5 a.m. until 10 p.m.
* * * * *
0
11. Amend Sec. 32.62 by revising and republishing paragraph (p) to
read as follows:
Sec. 32.62 Texas.
* * * * *
(p) Trinity River National Wildlife Refuge--(1) Migratory game bird
hunting. We allow hunting of duck, merganser, and coot on designated
areas of the refuge subject to the following conditions:
(i) We only allow hunting on Champion Lake with a refuge-issued
permit (signed hunt brochure).
(ii) We only allow hunting on Champion Lake on Saturdays and
Sundays during the State duck season. Hunters may not enter the refuge
until 4:30 a.m. and must be out of the hunt area by 12 p.m. (noon).
(iii) We allow the use of dogs when retrieving game.
(iv) Hunters age 16 and younger must be under the direct
supervision of an adult age 17 or older.
(v) We require a minimum distance between hunt parties of 150 yards
(135 meters).
(vi) We allow motors of 10 horsepower or less on Champion Lake.
(2) Upland game hunting. We allow hunting for squirrel, and
incidental take of rabbit, on designated areas of the refuge subject to
the following conditions:
(i) We require hunters to possess a permit issued by Texas Parks
and Wildlife Department (TPWD). Permits are issued by a lottery
drawing. The hunter must carry the nontransferable permit at all times
while hunting.
(ii) The condition set forth at paragraph (p)(1)(iii) of this
section applies.
(iii) We allow all-terrain vehicle use for hunters with
disabilities in designated units.
(iv) We require a minimum distance between hunt parties of 200
yards (180 meters).
(v) Hunters may enter the refuge no earlier than 4:30 a.m. We allow
hunting from 30 minutes before legal sunrise to 30 minutes after legal
sunset only during the days specified on the permit. Hunters must be
off the refuge 1\1/2\ hours after legal sunset.
(vi) Hunters may place no more than one temporary stand on the
refuge. Hunters may place the stand during the scouting week before the
hunt begins and must remove it on or before the day the hunt ends (see
Sec. 27.93 of this chapter). Hunters must label blinds with the name
of the permit holder.
(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) We require hunters to possess a TPWD-issued permit. Permits are
issued by a lottery drawing. The hunter must carry the nontransferable
permit at all times while hunting.
(ii) The conditions set forth at paragraphs (p)(1)(iii) and
(p)(2)(iii) through (vi) of this section apply.
(iii) We allow archery hunting of white-tailed deer during the
refuge designated 23-day archery season.
(iv) We allow gun hunting of white-tailed deer during the State-
designated general gun season in two 9-day ``mini-seasons'' and during
the State-designated muzzleloader season.
(4) Sport fishing. We allow fishing on designated areas of the
refuge subject to the following conditions:
(i) We only allow fishing with pole and line, rod and reel, or
hand-held line.
(ii) We prohibit the use of trotlines, setlines, bows and arrows,
gigs, spears, fish traps, crab/crawfish traps, and/or nets.
(iii) We prohibit the harvesting of frog or turtle (see Sec. 27.21
of this chapter).
(iv) We allow fishing from legal sunrise to legal sunset.
0
12. Amend Sec. 32.66 by revising and republishing paragraph (c) to
read as follows:
Sec. 32.66 Washington.
* * * * *
(c) Conboy Lake National Wildlife Refuge--(1) Migratory game bird
hunting. We allow hunting of goose, duck, coot, and snipe on designated
[[Page 63152]]
areas of the refuge subject to the following conditions:
(i) We prohibit discharge of any firearm within \1/4\ mile (396
meters) of any maintained building or Federal facility, such as, but
not limited to, a structure designed for storage, human occupancy, or
shelter for animals.
(ii) Hunters must remove all decoys and other equipment at the end
of each day's hunt (see Sec. 27.93 of this chapter).
(2)-(4) [Reserved]
* * * * *
0
13. Amend Sec. 32.67 by revising and republishing paragraph (a) to
read as follows:
Sec. 32.67 West Virginia.
* * * * *
(a) Canaan Valley National Wildlife Refuge--(1) Migratory game bird
hunting. We allow hunting of goose, duck, rail, coot, gallinule,
mourning dove, snipe, and woodcock on designated areas of the refuge
subject to the following conditions:
(i) We require each hunter to possess and carry a signed refuge
hunting brochure (signed brochure).
(ii) Hunters may enter the refuge 1 hour before legal sunrise and
must exit the refuge, including parking areas, no later than 1 hour
after legal sunset.
(iii) We prohibit overnight parking except by Special Use Permit
(FWS Form 3-1383-G) on Forest Road 80.
(iv) We allow the use of dogs consistent with State regulations.
(v) We prohibit dog training except during legal hunting seasons.
(vi) You may only use or possess approved lead-free shot shells and
ammunition while in the Big Cove Unit (see Sec. 32.2(k)).
(2) Upland game hunting. We allow the hunting of ruffed grouse,
squirrel, cottontail rabbit, snowshoe hare, red fox, gray fox, bobcat,
woodchuck, coyote, opossum, striped skunk, and raccoon on designated
areas of the refuge subject to the following conditions:
(i) The conditions set forth at paragraphs (a)(1)(i), (iv), (v),
and (vi) of this section apply.
(ii) You may hunt coyote, raccoon, opossum, skunk, and fox at
night, but you must obtain a Special Use Permit (FWS Form 3-1383-G) at
the refuge headquarters before hunting.
(iii) We only allow hunting in the No Rifle Zones with the
following equipment: Archery (including crossbow), shotgun, or
muzzleloader.
(iv) We prohibit the hunting of upland game species from March 1
through August 31.
(3) Big game hunting. We allow the hunting of white-tailed deer,
black bear, and turkey on designated areas of the refuge subject to the
following conditions:
(i) The conditions set forth at paragraphs (a)(1)(i), (iv), and
(vi) and (a)(2)(iii) of this section apply.
(ii) We allow the use of dogs for hunting black bear during the gun
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.
(4) Sport fishing. We allow sport fishing on designated areas of
the refuge subject to the following condition: We prohibit the use of
lead fishing tackle on designated areas of the refuge.
* * * * *
0
14. Amend Sec. 32.68 by revising and republishing paragraph (d) to
read as follows:
Sec. 32.68 Wisconsin.
* * * * *
(d) Horicon National Wildlife Refuge--(1) Migratory game bird
hunting. We allow hunting of goose, duck, coot, common moorhen, and
American woodcock on designated areas of the refuge subject to the
following condition: We allow only participants in the Learn to Hunt
and other special programs to hunt goose, duck, coot, and common
moorhen.
(2) Upland game hunting. We allow hunting of wild turkey, ring-
necked pheasant, gray partridge, ruffed grouse, squirrel, cottontail
rabbit, snowshoe hare, raccoon, opossum, striped skunk, red fox, gray
fox, coyote, and bobcat on designated areas of the refuge subject to
the following conditions:
(i) For hunting, you may use or possess only approved lead-free
shot shells while in the field, including shot shells used for hunting
wild turkey (see Sec. 32.2(k)).
(ii) We prohibit night hunting of upland game from 30 minutes after
legal sunset until 30 minutes before legal sunrise the following day.
(iii) We allow the use of dogs while hunting upland game (except
raccoon, opossum, striped skunk, red fox, gray fox, coyote, and
bobcat), provided the dog is under the immediate control of the hunter
at all times.
(iv) Coyote, red fox, gray fox, and bobcat hunting begins on the
first day of the traditional 9-day gun deer season.
(v) Coyote hunting ends on the last day of the season for fox.
(vi) You may only hunt striped skunk and opossum during the season
for raccoon.
(vii) You may only hunt snowshoe hare during the season for
cottontail rabbit.
(viii) Hunters may enter the refuge no earlier than 2 hours before
legal shooting hours and must exit the refuge no later than 2 hours
after legal shooting hours.
(3) Big game hunting. We allow hunting of white-tailed deer and
black bear in designated areas of the refuge subject to the following
conditions:
(i) You must remove all boats, decoys, game cameras, blinds, blind
materials, stands, platforms, and other personal equipment brought onto
the refuge at the end of each day's hunt (see Sec. 27.93 of this
chapter). We prohibit hunting from any stand left up overnight.
(ii) We prohibit hunting bear with dogs.
(iii) Hunters must possess a refuge permit (FWS Form 3-2439, Hunt
Application/Permit--National Wildlife Refuge System) to hunt in Area E
(surrounding the office/visitor center).
(iv) The condition set forth at paragraph (d)(2)(viii) of this
section applies.
(v) 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.
(4) Sport fishing. We allow fishing on designated areas of the
refuge subject to the following conditions:
(i) We only allow bank fishing or fishing through the ice.
(ii) We prohibit the use of fishing weights or lures containing
lead.
(iii) 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).
(iv) We allow fishing in designated areas from legal sunrise to
legal sunset each day.
* * * * *
Shannon A. Estenoz,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 2024-16984 Filed 8-1-24; 8:45 am]
BILLING CODE 4333-15-P