Federal Register: September 3, 2009 (Volume 74, Number 170)

DOCID: fr03se09-11 FR Doc E9-21027

DEPARTMENT OF THE INTERIOR

U.S. Citizenship and Immigration Services

CFR Citation: 50 CFR Part 32

Docket ID: [Docket No. FWS-R9-NSR-2008-0042]

RIN ID: RIN 1018-AV80

NOTICE: Part II

DOCID: fr03se09-11

DOCUMENT ACTION: Final rule.

SUBJECT CATEGORY:

2008-2009 Refuge-Specific Hunting and Sport Fishing Regulations-- Modifications

DATES: This rule is effective September 3, 2009.

DOCUMENT SUMMARY:

The Fish and Wildlife Service implements pertinent refuge- specific regulations and amends other existing refugespecific regulations that pertain to migratory game bird hunting, upland game hunting, big game hunting, and sport fishing for the 20082009 season.

SUMMARY:

Interior Department, Fish and Wildlife Service

SUPPLEMENTAL INFORMATION

The National Wildlife Refuge System Administration Act of 1966 closes national wildlife refuges in all States except Alaska to all uses until opened. The Secretary of the Interior (Secretary) may open refuge areas to any use, including hunting and/or sport fishing, upon a determination that such uses are compatible with the purposes of the refuge and National Wildlife Refuge System (Refuge System or our/we) mission. The action also must be in accordance with provisions of all laws applicable to the areas, developed in coordination with the appropriate State fish and wildlife agency(ies), consistent with the principles of sound fish and wildlife management and administration, and otherwise in the public interest. These requirements ensure that we maintain the biological integrity, diversity, and environmental health of the Refuge System for the benefit of present and future generations of Americans.

We annually review refuge hunting and sport fishing programs to determine whether to include additional refuges or whether individual refuge regulations governing existing programs need modifications. Changing environmental conditions, State and Federal regulations, and other factors affecting fish and wildlife populations and habitat may warrant modifications to refugespecific regulations to ensure the continued compatibility of hunting and sport fishing programs and to ensure that these programs will not materially interfere with or detract from the fulfillment of refuge purposes or the Refuge System's mission.

Provisions governing hunting and sport fishing on refuges are in title 50 of the Code of Federal Regulations in part 32 (50 CFR part 32). We regulate hunting and sport fishing on refuges to:

  • Ensure compatibility with refuge purpose(s);
  • Properly manage the fish and wildlife resource(s);
  • Protect other refuge values;
  • Ensure refuge visitor safety; and
  • Provide opportunities for quality fish and wildlife dependent recreation.

    On many refuges where we decide to allow hunting and sport fishing, our general policy of adopting regulations identical to State hunting and sport fishing regulations is adequate in meeting these objectives. On other refuges, we must supplement State regulations with more restrictive Federal regulations to ensure that we meet our management responsibilities, as outlined in the Statutory Authority section. We issue refugespecific hunting and sport fishing regulations when we open wildlife refuges to migratory game bird hunting, upland game hunting, big game hunting, or sport fishing. These regulations list the wildlife species that you may hunt or fish, seasons, bag or creel (container for carrying fish) limits, methods of hunting or sport fishing, descriptions of areas open to hunting or sport fishing, and other provisions as appropriate. You may find previously issued refuge specific regulations for hunting and sport fishing in 50 CFR part 32. In this rulemaking, we also standardize and clarify the language of existing regulations.

    Plain Language Mandate

    In this rule we made some of the revisions to the individual refuge units to comply with a Presidential mandate to use plain language in regulations; as such, these particular revisions do not modify the substance of the previous regulations. These types of changes include using ``you'' to refer to the reader and ``we'' to refer to the Refuge System, using the word ``allow'' instead of ``permit'' when we do not require the use of a permit for an activity, and using active voice (i.e., ``We restrict entry into the refuge'' vs. ``Entry into the refuge is restricted''.)

    Statutory Authority

    The National Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 668dd668ee, as amended by the National Wildlife Refuge System Improvement Act of 1997 [Improvement Act]) (Administration Act), and the Refuge Recreation Act of 1962 (16 U.S.C. 460k460k4) (Recreation Act) govern the administration and public use of refuges.

    Amendments enacted by the Improvement Act, built upon the Administration Act in a manner that provides an ``organic act'' for the Refuge System, are similar to those that exist for other public Federal lands. The Improvement Act serves to ensure that we effectively manage the Refuge System as a national network of lands, waters, and interests for the protection and conservation of our Nation's wildlife resources. The Administration Act states first and foremost that we focus our Refuge System mission on conservation of fish, wildlife, and plant resources and their habitats. The Improvement Act requires the Secretary, before allowing a new use of a refuge, or before expanding, renewing, or extending an existing use of a refuge, to determine that the use is compatible with the purpose for which the refuge was established and the mission of the Refuge System. The Improvement Act established as the policy of the United States that wildlifedependent 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 wildlifedependent recreational uses as the priority general public uses of the Refuge System. These uses are hunting, fishing, wildlife observation and photography, and environmental education and interpretation.

    The Recreation Act authorizes the Secretary to administer areas within the Refuge System for public recreation as an appropriate incidental or secondary use only to the extent that doing so is practicable and not inconsistent with the primary purpose(s) for which Congress and the Service established the areas. The Recreation Act requires that any recreational use of refuge lands be compatible with the primary purpose(s) for which we established the refuge and not inconsistent with other previously authorized operations.

    The Administration Act and Recreation Act also authorize the Secretary to issue regulations to carry out the purposes of the Acts and regulate uses.

    We develop specific management plans for each refuge prior to opening it to hunting or sport fishing. In many cases, we develop refugespecific regulations to ensure the compatibility of the programs with the purpose(s) for
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    which we established the refuge and the Refuge System mission. We ensure initial compliance with the Administration Act and the Recreation Act for hunting and sport fishing on newly acquired refuges through an interim determination of compatibility made at or near the time of acquisition. These regulations ensure that we make the determinations required by these acts prior to adding refuges to the lists of areas open to hunting and sport fishing in 50 CFR part 32. We ensure continued compliance by the development of comprehensive conservation plans, specific plans, and by annual review of hunting and sport fishing programs and regulations.

    Response to Comments Received

    In the January 13, 2009, Federal Register (74 FR 1838), we published a proposed rulemaking identifying changes pertaining to migratory game bird hunting, upland game hunting, big game hunting and sport fishing to existing refugespecific language on certain refuges for the 20082009 season. We received five comments on the proposed rule during a 30day comment period.

    Comment 1: The commenter believes that rules regarding outdoor sports (hunting and fishing) should not be governed at the Federal level, but should continue to be created, monitored, and reviewed by the individual States thus saving taxpayer resources.

    Response 1: As discussed earlier in the preamble (see Statutory Authority), these are Federal lands and both the Administration and Recreation Acts mandate that we govern the administration and public use of these refuges. Furthermore, the U.S. Supreme Court has approved of the Federal government's responsibilities to manage wildlife. The Federal government has the ability to regulate wildlife under the Property Clause (Kleppe v. New Mexico, 426 U.S. 529 (1976)); under the treatymaking power (Missouri v. Holland, 252 U.S. 416 (1920); and the commerce clause of the U.S. Constitution (Andrus v. Allard, 444 U.S. 51 (1979)). Nevertheless, the Service has and will continue to work in cooperation with individual States in creating rules to manage wildlife.

    Comment 2: Two commenters raised concerns over whether the Service has jurisdiction over Hookton Slough and White Slough (associated with Humboldt Bay National Wildlife Refuge in California). They believe that these are Stateowned navigable waterways, and as such, are held in public trust by the State for the benefit of the public. They believe that the State would, therefore, regulate the use of those navigable waterways, including for purposes of hunting, through individual lease agreements. They believe that the Service does not have any specific lease agreement with the State to regulate hunting on those two sloughs. The commenter states that California currently allows hunting 7 days a week on Hookton Slough.

    Response 2: The Service (Region 8) is currently in the process of developing their comprehensive conservation plan for the Humboldt Bay and Castle Rock National Wildlife Refuge Complex. We have been and will continue to address this jurisdictional issue through the comprehensive conservation planning (CCP) process. The CCP process provides all interested members of the public opportunity to comment through public scoping meetings and public comment periods. CCPs describe the desired future conditions of a refuge or planning unit and provide longrange guidance and management direction to achieve the purposes of the refuge; help fulfill the mission of the Refuge System; maintain and, where appropriate, restore the ecological integrity of each refuge and the Refuge System; help achieve the goals of the National Wilderness Preservation System; and meet other mandates. The Service recently completed public scoping/meeting activities for the CCP and plan to complete the CCP by the summer of 2009. In the meantime, we are removing condition A10 from the final rule and renumbering the remaining conditions A11 and A12 as A10 and A11 respectively.

    Comment 3: The Louisiana Department of Wildlife and Fisheries wrote to say that they had recently changed their State regulations to allow the use of crossbows as legal archery equipment and are now using the term primitive firearms instead of muzzleloaders. Additionally, the State requests that we change our regulations to drop the requirement for archery certification prior to participation in archery hunts for consistency among Louisiana refuges. The State also requests that we consider providing additional hunting opportunities that are consistent with State regulations (fur trapping and alligator harvest on all Louisiana refuges). They recommend that we modify all affected Louisiana refuges accordingly.

    Response 3: We agree in part. The Service ensures that any request to modify our regulations is consistent with its management responsibility. Generally the Refuge System's practice is whenever possible to allow hunting in accordance with State regulations so long as these regulations continue to conserve the refuge's natural resources and ensure visitor safety. Having determined that some of the State's regulations are compatible with the Service's management responsibilities, we will make the following changes to nine of the Louisiana refuges proposed in the January 13, 2009, regulations (Bayou Cocodrie, Black Bayou Lake, Cameron Prairie, Cat Island, Catahoula, Grand Cote, Lacassine, Lake Ophelia, and Tensas National Wildlife Refuges): Remove the prohibition on crossbows; change the word ``muzzleloader'' to ``primitive firearms''; and drop the archery certification requirement in our regulations. Two of the proposed refuges (Big Branch Marsh and Sabine) did not reference these issues/ conditions in their refugespecific regulations but operate in accordance with State regulations in any event. We cannot modify conditions on the other Louisiana refuges not proposed in the January 13, 2009, rule. We will, however, in future rulemakings consider modifying the other affected Louisiana refuges reflecting these recent State regulation changes.

    Regarding the State's request that we ``consider'' additional opportunities for trapping and alligator harvest, the Service considered this request but does not plan to change our regulations on these issues at this time. The Refuge System considers trapping to be a management activity and, as such, it would not be considered as a recreational opportunity covered by 50 CFR part 32. As discussed earlier in the SUPPLEMENTARY INFORMATION section, our general policy is to adopt regulations identical to State hunting and sport fishing regulations. However, in some cases, we must supplement State regulations with more restrictive Federal regulations to ensure that we meet our management responsibilities, as outlined in the Statutory Authority section.

    Comment 4: A commenter questioned the prohibition of crossbows for hunting on refuge lands being inconsistent with State of Georgia regulations and the majority of States. The commenter feels that the prohibition discriminates against disabled, elderly, and youth hunters unable to hunt with a bow; and that the Refuge System is understaffed to enforce this prohibition. The State of Georgia refuges in question are Harris Neck, Savannah, and Wassaw National Wildlife Refuges.

    Response 4: We are making no changes to the regulations at this time. However, we are considering the use of crossbows at Savannah, Wassaw, and
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    Harris Neck National Wildlife Refuges through our comprehensive conservation plans (CCPs), scheduled for completion in 2011. Through the CCP process, the Service will provide an opportunity for all interested members of the public to comment. Even if the Service decides to allow the use of crossbows here in a manner consistent with the State's regulations, we reserve the right, as discussed in response 3 and in the Statutory Authority section, to supplement State regulations with more restrictive Federal regulations to ensure that we meet our management responsibilities.

    Effective Date

    This rule is effective upon publication in the Federal Register. We have determined that any further delay in implementing these refuge specific hunting and sport fishing regulations would not be in the public interest, in that a delay would hinder the effective planning and administration of the hunting and fishing programs. We provided a 30day public comment period for the January 13, 2009, proposed rule. An additional delay would jeopardize holding the hunting and/or fishing programs this year or shorten their duration and thereby lessen the management effectiveness of this regulation. This rule does not impact the public generally in terms of requiring lead time for compliance. Rather it relieves restrictions in that it allows activities on refuges that we would otherwise prohibit. Therefore, we find good cause under 5 U.S.C. 553(d)(3) to make this rule effective upon date of publication. Amendments to Existing Regulations

    This document codifies in the Code of Federal Regulations the Service's hunting and/or sport fishing regulations that are applicable at Refuge System units previously opened to hunting and/or sport fishing. We are doing this to better inform the general public of the regulations at each refuge, to increase understanding and compliance with these regulations, and to make enforcement of these regulations more efficient. In addition to now finding these regulations in 50 CFR part 32, visitors to our refuges will usually find them reiterated in literature distributed by each refuge or posted on signs.

    We have crossreferenced a number of existing regulations in 50 CFR parts 26, 27, and 32 to assist hunting and sport fishing visitors with understanding safety and other legal requirements on refuges. This redundancy is deliberate, with the intention of improving safety and compliance in our hunting and sport fishing programs. Furthermore, this redundancy helps ensure continued conservation of wildlife and protection of the environment with respect to regulations limiting the amount and type of ammunition permitted.

    We are revising 50 CFR 32.8, ``Areas closed to hunting,'' by removing the entry dated October 2, 1958, under the States of Iowa, Minnesota, and Wisconsin which was mooted by 2007 regulations discussed below. On October 24, 2006, we published a comprehensive conservation plan describing habitat and waterfowl use changes in those closed areas and outlined needed location and boundary changes. We further published a final regulation on September 7, 2007 (72 FR 51534), amending hunting and fishing regulations for the Upper Mississippi River National Wildlife and Fish Refuge in the States of Illinois, Iowa, Minnesota, and Wisconsin, which included changes to the system of closed areas, thus making the 1958 entries moot. A copy of the refuge comprehensive conservation plan can be found at www.fws.gov/midwest/planning/ uppermiss.

    We have removed conditions pertaining to different types of and allowed use of weaponry and requirements to unload all firearms when traveling to and from the hunting area that is redundant with part 27.42. On May 22, 2009, President Obama signed the Credit Cardholders' Bill of Rights Act of 2009 (H.R. 627) containing an amendment that would allow firearms in parks and refuges, which is to take effect in February, 2010. Accordingly, because these regulations will be permanent, we have not included provisions on weapons which are inconsistent with this new legislation in this final regulation. Until those provisions are effective, the general regulations found at 50 CFR 27.42 continue to apply.

    Fish Advisory

    For health reasons, anglers should review and follow Stateissued consumption advisories before enjoying recreational sport fishing opportunities on Servicemanaged waters. You can find information about current fish consumption advisories on the internet at: http:// www.epa.gov/ost/fish/.

    Regulatory Planning and Review

    The Office of Management and Budget (OMB) has determined that this rule is not significant under Executive Order 12866 (E.O. 12866). OMB bases its determination on the following four criteria:
    (a) Whether the rule will have an annual effect of $100 million or more on the economy or adversely affect an economic sector, productivity, jobs, the environment, or other units of the government. (b) Whether the rule will create inconsistencies with other Federal agencies' actions.
    (c) Whether the rule will materially affect entitlements, grants, use fees, loan programs, or the rights and obligations of their recipients.
    (d) Whether the rule raises novel legal or policy issues. Regulatory Flexibility Act

    Under the Regulatory Flexibility Act (as amended by the Small Business Regulatory Enforcement Fairness Act [SBREFA] of 1996) (5 U.S.C. 601, et seq.), whenever a Federal agency is required to publish a notice of rulemaking for any proposed or final rule, it must prepare and make available for public comment a regulatory flexibility analysis that describes the effect of the rule on small entities (i.e., small businesses, small organizations, and small government jurisdictions). However, no regulatory flexibility analysis is required if the head of an agency certifies that the rule would not have a significant economic impact on a substantial number of small entities. Thus, for a regulatory flexibility analysis to be required, impacts must exceed a threshold for ``significant impact'' and a threshold for a ``substantial number of small entities.'' See 5 U.S.C. 605(b). SBREFA amended the Regulatory Flexibility Act to require Federal agencies to provide a statement of the factual basis for certifying that a rule would not have a significant economic impact on a substantial number of small entities.

    This rule does not increase the number of recreation types allowed on the System nor does it establish new hunting or fishing programs on national wildlife refuges. Instead, this rule makes administrative changes, provides clarification, and makes minor changes to recreational opportunities on a number of national wildlife refuges. As a result, visitor use for wildlifedependent recreation on national wildlife refuges may change. The changes are likely to minimally impact visitor activity on these national wildlife refuges. We do not expect an impact to overall visitor use days due to changes on individual refuges such as the use of safety belts in tree stands or reporting accidents involving property damage or personal injury. There may be minor decreases in visitor use due to modifications such as individual refuges
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    prohibiting the use of permanent structures, prohibiting marking of trees, or prohibiting hunting with bait. We would expect only a minor change, if any, in visitor use. If visitor use does decrease marginally, we would expect these visitors to go to a substitute site for the activity and not necessarily result in an overall decrease in participation rates for the activity.

    Small businesses within the retail trade industry (such as hotels, gas stations, taxidermy shops, bait and tackle shops, etc.) may be impacted from some decreased refuge visitation. A large percentage of these retail trade establishments in the local communities around national wildlife refuges qualify as small businesses. 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.

    With the small change in overall spending anticipated from this rule, it is unlikely that a substantial number of small entities will have more than a small impact from the spending change near the affected refuges. Therefore, we certify that this rule will not have a significant economic effect on a substantial number of small entities as defined under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). An initial/final Regulatory Flexibility Analysis is not required. Accordingly, a Small Entity Compliance Guide is not required. Small Business Regulatory Enforcement Fairness Act

    The rule is not a major rule under 5 U.S.C. 804(2), the Small Business Regulatory Enforcement Fairness Act. We anticipate no significant employment or small business effects. This rule:

    a. Would not have an annual effect on the economy of $100 million or more. The minimal impact would be scattered across the country and would most likely not be significant in any local area.

    b. Would not cause a major increase in costs or prices for consumers, individual industries, Federal, State, or local government agencies, or geographic regions. This rule would have only a slight effect on the costs of hunting and fishing 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 and fish, the increased travel cost would be small. We do not expect this rule to affect the supply or demand for fishing and hunting opportunities in the United States and, therefore, it should not affect prices for fishing and 0hunting 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 United Statesbased enterprises to compete with foreignbased enterprises. This rule represents only a small proportion of recreational spending at national wildlife refuges. Therefore, this rule would have no measurable economic effect on the wildlifedependent industry, which has annual sales of equipment and travel expenditures of $72 billion nationwide.

    Unfunded Mandates Reform Act

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

    Takings (E.O. 12630)

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

    Federalism (E.O. 13132)

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

    Civil Justice Reform (E.O. 12988)

    In accordance with E.O. 12988, the Office of the Solicitor has determined that the rule would not unduly burden the judicial system and that it meets the requirements of sections 3(a) and 3(b)(2) of the Order. The regulation would clarify established regulations and result in better understanding of the regulations by refuge visitors. Energy Supply, Distribution or Use (E.O. 13211)

    On May 18, 2001, the President issued E.O. 13211 on regulations that significantly affect energy supply, distribution, and use. E.O. 13211 requires agencies to prepare Statements of Energy Effects when undertaking certain actions. Because this rule would make only minor changes to refuges open to hunting and fishing, it is not a significant regulatory action under E.O. 12866 and is not expected to significantly affect energy supplies, distribution, and use. Therefore, this action is a not a significant energy action and no Statement of Energy Effects is required.
    Consultation and Coordination with Indian Tribal Governments (E.O. 13175)

    In accordance with E.O. 13175, we have evaluated possible effects on federally recognized Indian tribes and have determined that there are no effects. We coordinate recreational use on national wildlife refuges with Tribal governments having adjoining or overlapping jurisdiction before we propose the regulations.

    Paperwork Reduction Act

    This regulation does not contain any information collection requirements other than those already approved by the Office of Management and Budget under the Paperwork Reduction Act (44 U.S.C. 3501 et seq.) (OMB Control Number is 10180102 and 10180140). See 50 CFR 25.23 for information concerning that approval. An agency may not conduct or sponsor and a person is not required to respond to a collection of information unless it displays a currently valid OMB control number.

    Endangered Species Act Section 7 Consultation

    We comply with Section 7 of the ESA when developing Comprehensive Conservation Plans (CCPs) and stepdown management plans (which would include hunting and/or fishing plans) for public use of refuges, and prior to implementing any new or revised public recreation program on a refuge as identified in 50 CFR 26.32.

    National Environmental Policy Act

    We analyzed this rule in accordance with the criteria of the National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4332(C)) and 516 Departmental Manual (DM) 6, Appendix 1. This rule does not constitute a major Federal action significantly affecting the quality of the human environment. An
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    environmental impact statement/assessment is not required.

    A categorical exclusion from NEPA documentation applies to publication of proposed amendments to refugespecific hunting and fishing regulations since it is technical and procedural in nature, and the environmental effects are too broad, speculative, or conjectural to lend themselves to meaningful analysis (516 DM 2, Appendix 1.10). Concerning the actions that are the subject of this rulemaking, NEPA has been complied with at the project level where each proposal was developed. This is consistent with the Department of the Interior instructions for compliance with NEPA where actions are covered sufficiently by an earlier environmental document (516 DM 3.2A).

    Prior to the addition of a refuge to the list of areas open to hunting and fishing in 50 CFR part 32, we develop hunting and fishing plans for the affected refuges. We incorporate these proposed refuge hunting and fishing activities in the refuge CCPs and/or other step down management plans, pursuant to our refuge planning guidance in 602 Fish and Wildlife Service Manual (FW) 1, 3, and 4. We prepare these CCPs and stepdown plans in compliance with section 102(2)(C) of NEPA, and the Council on Environmental Quality's regulations for implementing NEPA in 40 CFR parts 15001508. We invite the affected public to participate in the review, development, and implementation of these plans. Copies of all plans and NEPA compliance are available from the refuges at the addresses provided below.

    Available Information for Specific Refuges

    Individual refuge headquarters retain information regarding public use programs and conditions that apply to their specific programs and maps of their respective areas. If the specific refuge you are interested in is not mentioned below, then contact the appropriate Regional offices listed below:

    Region 1Hawaii, Idaho, Oregon, and Washington. Regional Chief, National Wildlife Refuge System, U.S. Fish and Wildlife Service, Eastside Federal Complex, Suite 1692, 911 N.E. 11th Avenue, Portland, Oregon 972324181; Telephone (503) 2316214.

    Region 2Arizona, New Mexico, Oklahoma, and Texas. Regional Chief, National Wildlife Refuge System, U.S. Fish and Wildlife Service, Box 1306, 500 Gold Avenue, Albuquerque, New Mexico 87103; Telephone (505) 2487419.

    Region 3Illinois, Indiana, Iowa, Michigan, Minnesota, Missouri, Ohio, and Wisconsin. Regional Chief, National Wildlife Refuge System, U.S. Fish and Wildlife Service, 1 Federal Drive, Federal Building, Fort Snelling, Twin Cities, Minnesota 55111; Telephone (612) 7135401.

    Region 4Alabama, Arkansas, Florida, Georgia, Kentucky, Louisiana, Mississippi, North Carolina, Tennessee, South Carolina, Puerto Rico, and the Virgin Islands. Regional Chief, National Wildlife Refuge System, U.S. Fish and Wildlife Service, 1875 Century Boulevard, Atlanta, Georgia 30345; Telephone (404) 6797166.

    Region 5Connecticut, 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, Massachusetts 010359589; Telephone (413) 2538306.

    Region 6Colorado, 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, Colorado 80228; Telephone (303) 2368145.

    Region 7Alaska. Regional Chief, National Wildlife Refuge System, U.S. Fish and Wildlife Service, 1011 E. Tudor Rd., Anchorage, Alaska 99503; Telephone (907) 7863545.

    Region 8California and Nevada. Regional Chief, National Wildlife Refuge System, U.S. Fish and Wildlife Service, 2800 Cottage Way, Room W2606, Sacramento, California 95825; Telephone (916) 4146464. Primary Author

    Leslie A. Marler, Management Analyst, Division of Conservation Planning and Policy, National Wildlife Refuge System is the primary author of this rulemaking document.

    List of Subjects in 50 CFR Part 32

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

    For the reasons set forth in the preamble, we amend title 50, chapter I, subchapter C of the Code of Federal Regulations as follows: PART 32[AMENDED]
    1. The authority citation for part 32 continues to read as follows:

    Authority: 5 U.S.C. 301; 16 U.S.C. 460k, 664, 668dd668ee, and 715i.
    2. Amend Sec. 32.8, ``Areas closed to hunting.'', by removing the entries dated ``October 2, 1958,'' under the States of Iowa, Minnesota, and Wisconsin.
    3. Amend Sec. 32.20 Alabama by:
    a. Adding paragraphs B.6. and B.7., removing paragraph C.3., redesignating paragraphs C.4. through C.7. as paragraphs C.3. through C.6., revising newly redesignated paragraph C.6, and adding paragraphs C.7. and C.8. of Cahaba River National Wildlife Refuge;
    b. Adding paragraph B.11., revising paragraph C.1., removing paragraphs C.4., C.6., and C.7., and redesignating paragraph C.5. as paragraph C.4. of Choctaw National Wildlife Refuge;
    c. Revising paragraph A.3., adding paragraph B.6., and revising paragraph C.6. of Eufaula National Wildlife Refuge; and
    d. Revising paragraphs A., B.1., and C.1. and adding paragraph C.4. of Mountain Longleaf National Wildlife Refuge to read as follows: Sec. 32.20 Alabama.
    * * * * *
    Cahaba River National Wildlife Refuge
    * * * * *

    B. Upland Game Hunting. * * *

    * * * * *

    6. All youth hunters age 15 and younger must remain within sight and normal voice contact of an adult age 21 or older, possessing a valid hunting license. Youth hunters must have passed a Stateapproved hunter education course. One adult may supervise no more than two youths.

    7. We prohibit marking trees and the use of flagging tape, reflective tacks, and other similar marking devices (see Sec. 32.2(i)).

    C. Big Game Hunting. * * *

    6. Conditions B2, B3, and B8 apply.

    7. All youth hunters age 15 and younger must remain within sight and normal voice contact of an adult age 21 or older, possessing a valid hunting license. Youth hunters must have passed a Stateapproved hunter education course. One adult may supervise no more than one youth.

    8. We prohibit participation in organized drives. * * * * *
    Choctaw National Wildlife Refuge
    * * * * *

    B. Upland Game Hunting. * * *

    * * * * *

    11. We prohibit the use of mules, horses, and ATVs on all refuge hunts.

    C. Big Game Hunting. * * *

    1. Conditions B1 through B8 and B11 apply.
    * * * * *
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    Eufaula National Wildlife Refuge

    A. Migratory Game Bird Hunting. * * *

    * * * * *

    3. We allow goose and duck hunting by permit only in the Kennedy and Bradley Units on selected days until 12 p.m. (noon) during State waterfowl seasons. We close all other areas within the refuge to waterfowl hunting.
    * * * * *

    B. Upland Game Hunting. * * *

    * * * * *

    6. You may possess only approved nontoxic shotshells while in the field (see Sec. 32.2(k)).

    C. Big Game Hunting. * * *

    * * * * *

    6. We prohibit damaging trees or hunting from a tree that contains an inserted metal object (see Sec. 32.2(i)). Hunters must remove tree stands from the refuge each day (see Sec. 27.93 of this chapter). * * * * *

    Mountain Longleaf National Wildlife Refuge

    A. Migratory Game Bird Hunting. We allow hunting of woodcock on designated areas of the refuge in accordance with State regulations subject to the following conditions:

    1. You must possess and carry a signed refuge hunt permit while hunting.

    2. We prohibit marking trees and the use of flagging tape, reflective tacks, and other similar marking devices (see Sec. 27.61 of this chapter).

    3. All youth hunters age 15 and younger must remain within sight and normal voice contact of an adult age 21 or older, possessing a valid hunting license. Youth hunters must have passed a Stateapproved hunter education course. One adult may supervise no more than two youths.

    4. We prohibit the use of horses, mules, and ATVs on all refuge hunts.

    B. Upland Game Hunting. * * *

    1. Conditions A1 through A5 apply.
    * * * * *

    C. Big Game Hunting. * * *

    1. Conditions A1 through A3 and A5 apply.

    * * * * *

    4. All youth hunters age 15 and younger must remain within sight and normal voice contact of an adult age 21 or older, possessing a valid State hunting license. Youth hunters must have passed a State approved hunter education course. One adult may supervise no more than one youth.

    5. We require tree stand users to use a safety belt or harness. * * * * *
    4. Amend Sec. 32.22 Arizona by revising paragraph A.1., adding paragraphs A.8 through A.11., revising paragraphs B.1., C.1., and C.2., and adding paragraph D.5. of Bill Williams River National Wildlife Refuge to read as follows:
    Sec. 32.22 Arizona.
    * * * * *
    Bill Williams River National Wildlife Refuge

    A. Migratory Game Bird Hunting. * * *

    1. We allow only shotguns for hunting. We limit all shotguns to a maximum threeshell capacity, unless it is plugged with a onepiece filler, incapable of removal without disassembling the gun, so its total capacity does not exceed three shells (see Sec. 20.21(b) of this chapter).

    * * * * *

    8. Anyone for hire to assist or guide a hunter or angler must first obtain, possess, and carry a valid Special Use Permit issued by the refuge manager.

    9. We prohibit the construction or use of any pits, permanent blinds, or other structures (see Sec. 27.92 of this chapter).

    10. Hunters must remove all personal items from the refuge at the end of each day's activity, i.e., boats, equipment, cameras, temporary blinds, stands, etc. (see Sec. 27.93 of this chapter).

    11. Hunters must report accidents involving property damage or personal injury to the refuge manager or authorized Service personnel (see Sec. 25.72 of this chapter).

    B. Upland Game Hunting. * * *

    1. Conditions A1 through A11 apply.
    * * * * *

    C. Big Game Hunting. * * *

    1. Conditions A3 and A5 through A11 apply.

    2. We only allow hunting on the refuge in those areas south of the Bill Williams River Road and east of Arizona State Rt. 95 plus the south half of Section 35, T.11N, R 17W as posted. Exceptions: Arizona Wildlife Management Areas 16A and 44A.

    D. Sport Fishing. * * *
    * * * * *

    5. Conditions A3 and A7 through A11 apply.
    * * * * *
    5. Revising Sec. 32.23 Arkansas by:
    a. Revising paragraphs B.3. and B.4. of Bald Knob National Wildlife Refuge;
    b. Revising paragraphs B.2. and B.3. of Cache River National Wildlife Refuge;
    c. Revising paragraphs A.1. and A.11., and adding paragraphs A.22. through A.25. of Felsenthal National Wildlife Refuge;
    d. Revising paragraphs A.1. and A.11. and adding paragraphs A.21. through A.24. of Overflow National Wildlife Refuge;
    e. Revising paragraphs A.1., A.3., A.7., A.10., A.12., A.14., A.16., and A.17., adding paragraphs A.20. through A.24., revising paragraphs B.2., B.3., B.5., C.2., C.4., C.8., C.12., C.15., adding paragraphs C.17. and C.18., and revising paragraph D.2. of Pond Creek National Wildlife Refuge; and
    f. Revising paragraphs A.8. through A.10., A.14., adding paragraph A.17., and revising paragraphs B.8., C.2. through C.4., C.8., C.17., C.22., removing paragraph D.8., redesignating paragraphs D.9. through D.11. as paragraphs D.8. through D.10., and revising newly redesignated paragraphs D.8. and D.10. of White River National Wildlife Refuge to read as follows:
    Sec. 32.23 Arkansas.
    * * * * *
    Bald Knob National Wildlife Refuge
    * * * * *

    B. Upland Game Hunting. * * *

    * * * * *

    3. We allow fall squirrel hunting in accordance with the State season on the Mingo Creek Unit and on the Farm Unit, except for season closure on the Farm Unit during the Gun Deer Hunt. We prohibit dogs, except for the period of December 15 through February 28. We do not open for the spring squirrel season.

    4. We allow rabbit hunting in accordance with the State season on the Mingo Creek Unit and on the Farm Unit, except for season closure on the Farm Unit during the Gun Deer Hunt. We prohibit dogs, except for the period of December 15 through February 28.
    * * * * *
    Cache River National Wildlife Refuge
    * * * * *

    B. Upland Game Hunting. * * *

    * * * * *

    2. Fall squirrel season corresponds with the State season on all refuge hunt units except for refugewide season closure during the Gun Deer Hunt. We prohibit dogs, except for the period of December 15 through February 28. We do not open for the spring squirrel season.

    3. Rabbit season corresponds with the State season on all refuge hunt units except for refugewide season closure during the Gun Deer Hunt. We prohibit dogs, except for the period of December 15 through February 28.
    * * * * *
    Felsenthal National Wildlife Refuge

    A. Migratory Game Bird Hunting. * * *

    [[Page 45680]]

    1. We allow hunting of duck, goose, and coot during the State duck season except during scheduled quota refuge Gun Deer Hunts. We allow hunting of woodcock during the State season. Dates for quota deer hunts are typically in November, and we publish them annually in the refuge hunt brochure. We are open for the September teal season.

    * * * * *

    11. Hunters under age 16 do not need to have a hunter education card if they are under the direct supervision (within arm's reach) of a holder of a valid hunting license at least age 21.

    * * * * *

    22. We prohibit hunting with the aid of bait, salt, or any ingestible attractant (see Sec. 32.2(h)).

    23. We prohibit hunting from a tree in which a metal object has been driven to support a hunter (see Sec. 32.2(i)).

    24. If you harvest a deer or turkey on the refuge, you must immediately record the zone 220 on your deer/turkey tag as the zone of kill.

    25. We prohibit the taking of wildlife or plants (including cutting trees or brush) other than specified in the hunt brochure (see Sec. 27.51 of this chapter).
    * * * * *
    Overflow National Wildlife Refuge

    A. Migratory Game Bird Hunting. * * *

    1. We allow hunting of duck, goose, and coot during the State duck season. We allow hunting of woodcock during the State season. The September teal season is closed.

    * * * * *

    11. Hunters under age 16 do not need to have a hunter education card if they are under the direct supervision (within arm's reach) of a holder of a valid hunting license who is at least age 21.

    * * * * *

    21. We prohibit hunting with the aid of bait, salt, or any ingestible attractant (see Sec. 32.2(h)).

    22. We prohibit hunting from a tree in which a metal object has been driven to support a hunter (see Sec. 32.2(i)).

    23. If you harvest a deer or turkey on the refuge, you must immediately record the zone 490 on your deer/turkey tag as the zone of kill.

    24. We prohibit the taking of wildlife or plants (including cutting trees or brush) other than specified in this brochure (see Sec. 27.51 of this chapter).
    * * * * *
    Pond Creek National Wildlife Refuge

    A. Migratory Game Bird Hunting. * * *

    1. We allow hunting of migratory game birds during the State duck seasons, except we close during scheduled quota refuge Gun Deer Hunts. Dates for quota deer hunts are typically in November, and we publish them annually in the refuge hunt brochure. We are open for the September teal season.

    * * * * *

    3. We only allow portable blinds. Hunters must remove from the hunt area each day all duck hunting equipment, including blinds, decoys, and boats (see Sec. 27.93 of this chapter).

    * * * * *

    7. We prohibit marking trails with material other than biodegradable paper, flagging, or reflective tape/tacks.

    * * * * *

    10. Hunters under age 16 do not need to have a hunter education card if they are under the direct supervision (within arm's reach) of a holder of a valid hunting license who is at least age 21. An adult age 21 or older must supervise youth hunters under age 16 who have a valid Hunter Education Card, and youth hunters must remain in sight and normal voice contact with the adult. One adult may supervise no more than two youth hunters for any hunting season.

    * * * * *

    12. We prohibit hunting within 150 feet (45 m) of roads and trails (see Sec. 27.31 of this chapter) open to motor vehicle use (including ATV and designated hiking trails).

    * * * * *

    14. We allow only camping at designated primitive campground sites identified in the refuge hunt brochure. We restrict camping to the individuals involved in refuge wildlifedependent activities. Campers may stay no more than 14 days during any consecutive 30day period in a campground and must occupy the camps daily. We prohibit all disturbances, including use of generators, after 10 p.m. We allow no more than three portable stands per person.

    * * * * *

    16. We prohibit blocking of gates, boat ramps, or roadways (see Sec. 27.31(h) of this chapter).

    17. We allow the use of retriever dogs during State waterfowl seasons.

    * * * * *

    20. We prohibit possession, placement, or hunting over bait, salt, or any other ingestible attractant (see Sec. 32.2(h)).

    21. We prohibit the use of an artificial light to locate wildlife (exception: raccoon/opossum hunting with dogs).

    22. We prohibit taking of wildlife or plants (including cutting trees or brush) other than what we allow in the refuge brochure (see Sec. 27.51 of this chapter).

    23. We prohibit placement of metal objects (screw, nail, spike, etc.) into a tree to support a hunter or hunting from a tree with such metal objects placed (see Sec. 32.2(i)).

    24. We prohibit possessing, using, or leaving any tree stand, game camera, or boat on the refuge without the owner's name and address affixed in a conspicuous manner.

    B. Upland Game Hunting. * * *

    * * * * *

    2. We do not open for spring squirrel season and summer/fall raccoon season.

    3. Conditions A4 through A16 and A19 through A24 apply. * * * * *

    5. We allow use of dogs for squirrel, rabbit, raccoon, and opossum hunting during the State raccoon/opossum hunting season. At other times you must keep dogs and other pets on a leash or confined (see Sec. 26.21(b) of this chapter).

    C. Big Game Hunting. * * *

    * * * * *

    2. Conditions A4 through A16 and A19 through A24 apply. * * * * *

    4. We allow muzzleloader deer hunting during the October State muzzleloader season for this deer management zone. The bag limit is one buck and one doe. Hunters must take and checkin a doe before taking a buck.

    * * * * *

    8. You must check all deer taken during the quota gun deer and muzzleloader hunts at the refuge deer check station on the same day of kill. You must keep carcasses of deer taken intact (you may remove entrails) until checked.

    * * * * *

    12. The refuge will conduct one 2day, youthonly (age 15 and younger at the beginning of the spring turkey season) quota spring turkey hunt and one 3day quota spring turkey hunt (typically in April). Specific hunt dates and application procedures will be available in January. We restrict hunt participants on these hunts to those drawn for a quota permit, except that during the youth hunt, a nonhunting adult age 21 or older must accompany the youth hunter. The limit is one bearded turkey.

    * * * * *

    15. One adult may supervise no more than one youth during big game hunts.
    * * * * *

    17. We prohibit deer drives.

    [[Page 45681]]

    18. We prohibit all public use, except fishing and access for fishing, during quota hunts.
    D. Sport Fishing. * * *

    * * * * *

    2. Conditions A4 through A16 and A18 through A24 apply. * * * * *
    White River National Wildlife Refuge

    A. Migratory Game Bird Hunting. * * *

    * * * * *

    8. Waterfowl hunters may enter and access the refuge no earlier than 4 a.m.

    9. The following refuge users (age 16 or older) must sign and possess and carry a refuge general user permit: hunters, anglers, campers, and ATV users.

    10. We prohibit boating December 1 through January 31 in the South Unit Waterfowl Hunt Area, except from 4 a.m. to 1 p.m. on designated hunt days.

    * * * * *

    14. We prohibit waterfowl hunting on Kansas Lake Area (indicated in user permit).

    * * * * *

    17. We allow the use of ATVs only on yellowmarked trails throughout the refuge, unless marked otherwise. We prohibit the use of ATVs after December 15 each year in designated South Unit areas (see user permit for areas).

    B. Upland Game Hunting. * * *

    * * * * *

    8. We allow spring squirrel hunting on the North Unit with the concurrent State spring season dates.

    C. Big Game Hunting. * * *

    * * * * *

    2. Archery deer and turkey seasons on the North Unit will begin with the concurrent State archery season and end January 31. (Kansas Lake Area Closed after November 30)

    3. Archery deer and turkey seasons on the South Unit will begin with the concurrent State archery season and end December 31.

    4. The user permit dictates the modern gun quota deer season dates each year for the North and South Units. We require a quota permit. You may take one deer of either sex.

    * * * * *

    8. We allow muzzleloader hunting on the North Unit for 4 consecutive days following the 3day muzzleloader quota hunt. We allow take of only one buck.

    * * * * *

    17. We prohibit distribution of bait or hunting with the aid of bait, salt, or ingestible attractant (see Sec. 32.2(h)).

    * * * * *

    22. We prohibit leaving a hunt stand after February 7 (one week after the end of the season).
    * * * * *

    D. Sport Fishing. * * *

    * * * * *

    8. We allow commercial fishing on all refuge waters from 12:00 p.m. (noon) September 30 through 12:00 p.m. (noon) November 30. However, when the White River exceeds 23.5 feet (7 m) at the St. Charles, Arkansas gauge or 146 msl (mean sea level) at the tailwater gauge at Lock and Dam 1 on the Arkansas Post Canal, we allow commercial fishing on all refuge waters from 12:00 p.m. (noon) March 1 through 12:00 p.m. (noon) September 30.

    * * * * *

    10. Anglers must reset trotlines when receding water levels expose them. Anglers must display their name and address on a tag on each line.
    6. Amend Sec. 32.24 California by:
    a. Revising paragraphs A.1., A.6. through A.8., removing paragraph A.10., and redesignating paragraphs A.11. and A.12. as paragraphs A.10. and A.11. of Humboldt Bay National Wildlife Refuge; and
    b. Revising paragraphs A.6., A9., A.11., B.2., C.1., C.3., and D.2. of Sacramento River National Wildlife Refuge to read as follows: Sec. 32.24 California.
    * * * * *
    Humboldt Bay National Wildlife Refuge

    A. Migratory Game Bird Hunting. * * *

    1. We require adults age 18 or older to accompany youth hunters under age 16. No more than three youth hunters may accompany one adult hunter.

    * * * * *

    6. We require hunters to keep dogs inside vehicles, or on a leash, except when using them for authorized hunting purposes (see Sec. 26.21(b) of this chapter).

    7. On the Salmon Creek Unit, we allow hunting on Tuesdays and Saturdays (except Federal holidays), and hunters must possess and carry a valid daily refuge permit. We issue refuge permits prior to each hunt by random drawing conducted at the check station 1\1/2\; hours before legal shooting time. Shooting time ends at 3 p.m. Hunters drawn for a blind must completely fill out a Refuge Hunt Permit, which includes a ``Record of Harvest'' section. Each hunter must possess and carry the Refuge Hunt Permit/Record of Harvest document while on the refuge and turn in a complete Record of Harvest at the check station before leaving the hunt area.

    8. On the Salmon Creek Unit, you may possess only approved nontoxic shotshells (see Sec. 32.2(k)) in quantities of 25 or less per hunter, per day.
    * * * * *
    Sacramento River National Wildlife Refuge

    A. Migratory Game Bird Hunting. * * *

    * * * * *

    6. Access to the hunt area on all units open to public hunting is by boat only, except on Sul Norte Unit, Drumheller, and Drumheller North, which are accessible by foot traffic or boat. We prohibit bicycles or other conveyances. Mobilityimpaired hunters should consult with the refuge manager for allowed conveyances.

    * * * * *

    9. We open the refuge for dayuse access from 1\1/2\ hours before legal sunrise until 1\1/2\ hours after legal sunset. We allow access during other hours on gravel bars only (see condition A8).

    * * * * *

    11. We prohibit permanent blinds. You must remove all personal property, including decoys and boats, by 1\1/2\ hours after legal sunset (see Sec. Sec. 27.93 and 27.94 of this chapter).
    * * * * *

    B. Upland Game Hunting. * * *
    * * * * *

    2. Conditions A3 through A12 apply.

    C. Big Game Hunting. * * *

    1. Conditions A4 through A12, and B1 apply.

    * * * * *

    3. You must remove all personal property, including stands, from the refuge by 1\1/2\ hours after legal sunset (see Sec. Sec. 27.93 and 27.94 of this chapter).

    D. Sport Fishing. * * *

    * * * * *

    2. On Packer Lake, due to primitive access, we allow only boats up to 14 feet (4.2 m) and canoes. We allow electric motors only. * * * * *
    7. Amend Sec. 32.27 Delaware by revising Prime Hook National Wildlife Refuge to read as follows:
    Sec. 32.27 Delaware.
    * * * * *

    Prime Hook National Wildlife Refuge

    A. Migratory Game Bird Hunting. We allow hunting of waterfowl, coot, mourning dove, snipe, and woodcock on designated areas of the refuge in accordance with State regulations subject to the following conditions:

    1. We require daily permits and fees. The permits are nontransferable.
    [[Page 45682]]
    Consult with the refuge manager for details on permit conditions.

    2. For all refuge hunts, a hunting or nonhunting adult age 18 or older must accompany a permitted juvenile age 17 or under.

    3. Hunters may take waterfowl and coot on the Waterfowl Hunting Area only as designated on brochures available from the refuge manager.

    4. The refuge is open to hunting of waterfowl and coot on Mondays, Wednesdays, Fridays, and Saturdays throughout the State waterfowl hunting seasons from \1/2\ hour before legal sunrise until 3 p.m. Consult the refuge manager for dates when we close to hunting or have limited hunts.

    5. Access to the Waterfowl Hunting Area is by boat only and hunters must use designated launching sites to launch their boats.

    6. We prohibit the use of airthrust and inboard waterthrust boats on all waters within the refuge boundaries. We allow a maximum horsepower of 30 HP.

    7. We allow waterfowl hunting from designated blind sites only. We allow a maximum of three people per blind.

    8. Hunters may take mourning dove, snipe, and woodcock only on the upland game hunting areas as shown on brochures available from the refuge manager.

    B. Upland Game Hunting. We allow hunting of pheasant, rabbit, and quail on designated areas of the refuge in accordance with State regulations subject to the following conditions:

    1. Conditions A1 and A2 apply.

    2. Hunters may take pheasant, rabbit, and quail only on designated upland game hunting areas as shown on brochures available from the refuge manager.

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

    1. Conditions A1 and A2 apply.

    2. Hunters may take whitetailed deer only on designated deer hunting areas as shown on brochures available from the refuge manager.

    3. Deer hunting during firearms seasons must be from designated stands only, unless actively tracking or retrieving wounded deer. We allow hunters to hunt from portable stands during archery hunts in all designated areas and during firearms hunts in the Slaughter Canal Area only. Tree stands must be portable, temporary in design, and completely removed at the end of each day. The Service is not responsible for any stands left overnight.

    4. All persons in firearms hunting areas must display a minimum of 400 total square inches (2,600 cm\2\) of solidblazeorange material on their head, chest, and back. Blazeorange camouflage is not acceptable. This includes hunters who are archery hunting on the refuge during days that coincide with State firearms hunt dates for deer.

    5. Hunters may use or possess slugs only during designated shotgun seasons.

    6. Each permitted hunter has a season limit of only one antlered deer on the refuge.

    D. Sport Fishing. We allow fishing and crabbing on designated areas of the refuge in accordance with State regulations subject to the following conditions:

    1. We allow fishing and launching of boats on designated areas as shown on brochures available from the refuge manager.

    2. The refuge is open from \1/2\ hour before legal sunrise to \1/2\ hour after legal sunset. All boats must be off the water at legal sunset.

    3. Anglers using boats on Turkle and Fleetwood Ponds may propel them manually or with electric motors only.

    4. We prohibit the use of airthrust and inboard waterthrust boats on all waters within the refuge boundaries. We allow a maximum of 30HP on Prime Hook Creek.
    8. Amend Sec. 32.28 Florida by:
    a. Revising paragraphs A.2., A.3., A.5., A.6., and A.13. of Arthur R. Marshall Loxahatchee National Wildlife Refuge;
    b. Revising paragraph D.5. of Hobe Sound National Wildlife Refuge; c. Revising paragraph B.2. and removing B.4. of Lower Suwannee National Wildlife Refuge;
    d. Adding paragraph A.14. of Merritt Island National Wildlife Refuge; e. Adding paragraph A.5. and revising paragraphs D.5. and D.7. of St. Marks National Wildlife Refuge; and
    f. Revising paragraphs C.2., C.9., and C.19.iii. of St. Vincent National Wildlife Refuge to read as follows:
    Sec. 32.28 Florida.
    * * * * *
    Arthur R. Marshall Loxahatchee National Wildlife Refuge

    A. Migratory Game Bird Hunting. * * *

    * * * * *

    2. We allow hunting in the interior of the refuge south of latitude line 26.27.130 and north of mile markers 12 and 14. We prohibit hunting from canals or levees and those areas posted as closed.

    3. Consult the refuge manager for current waterfowl season dates and times.

    * * * * *

    5. We allow hunting on the refuge from \1/2\ hour before legal sunrise to 1 p.m. Hunters may enter the refuge no earlier than 4 a.m. and must be off the refuge by 3 p.m.

    6. Hunters may enter and leave the refuge at the Headquarters Area (Boynton Beach), the Hillsboro Area (Boca Raton), and the 20 Mile Bend Area (West Palm Beach).

    * * * * *

    13. We only allow boats equipped with outboards or electric motors and nonmotorized boats. We prohibit airboats, hovercraft, and personal watercraft (Go Devils, Jet Skis, jet boats, and Wave Runners). All boats operating within the hunt area must fly a 12 inch by 12 inch (30 cm x 30 cm) orange flag, 10 feet (3 m) above the vessel's waterline. * * * * *
    Hobe Sound National Wildlife Refuge
    * * * * *

    D. Sport Fishing. * * *

    * * * * *

    5. We allow only two poles per angler, and anglers must attend those poles at all times in conjunction with the Martin County, Florida, twopole ordinance.
    * * * * *
    Lower Suwannee National Wildlife Refuge
    * * * * *

    B. Upland Game Hunting. * * *

    * * * * *

    2. The refuge upland game hunting season opens on the Monday after the refuge limited hog hunt closes and ends on February 28. * * * * *
    Merritt Island National Wildlife Refuge

    A. Migratory Game Bird Hunting. * * *

    * * * * *

    14. Hunters may not use or possess more than 25 shells per day. * * * * *
    St. Marks National Wildlife Refuge

    A. Migratory Game Bird Hunting. * * *

    * * * * *

    5. We prohibit migratory game bird hunting in the Executive Closure area on the refuge.
    * * * * *

    D. Sport Fishing. * * *
    * * * * *

    [[Page 45683]]

    5. We allow use of handlaunched boats on impoundments on the St. Marks Unit from March 15 through October 15 each year. We prohibit launching of boats from trailers in the impoundments in the St. Marks Unit.

    * * * * *

    7. We prohibit use of cast nets and traps to take fish from any lake, pond, or impoundment on the refuge.
    * * * * *
    St. Vincent National Wildlife Refuge
    * * * * *

    C. Big Game Hunting. * * *

    * * * * *

    2. We restrict hunting to three hunt periods: Sambar deer, raccoon, and feral hog November 1719; and whitetailed deer, raccoon, and feral hog December 1517 and January 57. Hunters may checkin and set up camp sites and stands on November 16, December 14, and January 4. Hunters must leave the island and remove all equipment by 4 p.m. on the last day of the hunt.

    * * * * *

    9. You may retrieve game from the closed areas only if accompanied by a refuge staff member.
    * * * * *

    * *

    iii. Primitive weapons hunt one whitetailed deer buck having one or more forked antlers at least 5 inches (12.5 cm) in length visible above the hairline with points greater than 1 inch (12.5 cm) in length; we issue a limited number of eithersex permits. If you have an either sex permit, the bag limit is one deer that may be antlerless or a buck with legal antler configuration. There is no limit on feral hog or raccoon.
    * * * * *
    9. Amend Sec. 32.29 Georgia by:
    a. Removing paragraph C.5. and redesignating paragraphs C.6. through C.19. as paragraphs C.5. through C.18. of Blackbeard Island National Wildlife Refuge;
    b. Revising paragraph C.2., removing paragraph C.3., redesignating paragraphs C.4. through C.22. as paragraphs C.3. through C.21., revising newly redesignated paragraph C. 18., and adding paragraph C.22. of Bond Swamp National Wildlife Refuge;
    c. Revising paragraphs C.9. and C.12. of Harris Neck National Wildlife Refuge;
    d. Revising paragraph D.4. of Piedmont National Wildlife Refuge; e. Revising paragraphs A.1., C.3., C.5., C.10., and adding paragraph C.11. of Savannah National Wildlife Refuge; and
    f. Revising paragraphs C.8. and C.9. of Wassaw National Wildlife Refuge to read as follows:
    Sec. 32.29 Georgia.
    * * * * *
    Bond Swamp National Wildlife Refuge
    * * * * *

    C. Big Game Hunting. * * *

    * * * * *

    2. We require you to possess and carry a signed refuge hunt permit while hunting. You may obtain this permit from the refuge office. * * * * *

    18. We prohibit ATVs on the refuge except by disabled hunters with a refuge Special Use Permit.

    * * * * *

    22. Firearm hunting for feral hogs follows State of Georgia deer firearms restrictions except we prohibit possession or use of buckshot. * * * * *
    Harris Neck National Wildlife Refuge
    * * * * *

    C. Big Game Hunting. * * *

    * * * * *

    9. During the archery hunt, we only allow bows. We prohibit crossbows (see Sec. 27.43 of this chapter).

    * * * * *

    12. During the gun hunt, we only allow shotguns with slugs 20 gauge or larger and bows. We prohibit crossbows (see Sec. 27.43 of this chapter).
    * * * * *
    Piedmont National Wildlife Refuge
    * * * * *

    D. Sport Fishing. * * *

    * * * * *

    4. We allow nonmotorized boats on all ponds designated as open to fishing. We allow boats with electric motors only in Pond 2A and Allison Lake.
    * * * * *
    Savannah National Wildlife Refuge

    A. Migratory Game Bird Hunting. * * *

    1. You must possess and carry a signed refuge permit at all times while hunting on the refuge. We require a fee only for the quota youth waterfowl hunt on the Solomon Tract.
    * * * * *

    C. Big Game Hunting. * * *

    * * * * *

    3. We only allow bows for deer and hog hunting during the archery hunt. We prohibit crossbows (see Sec. 27.43 of this chapter). * * * * *

    5. We only allow shotguns with slugs, muzzleloaders, and bows for deer and hog hunting throughout the designated hunt area during the November gun hunt and the March hog hunt.

    * * * * *

    10. We only allow shotguns with 2 shot or smaller and bows for turkey hunting in accordance with State regulations. We prohibit possession or use of slugs or buckshot during turkey hunts. We prohibit crossbows (see Sec. 27.43 of this chapter).

    11. You must remove hunt stands daily (see Sec. 27.93 of this chapter).
    * * * * *
    Wassaw National Wildlife Refuge
    * * * * *

    C. Big Game Hunting. * * *

    * * * * *

    8. We only allow bows and muzzleloading rifles during the primitive weapons hunt. We prohibit crossbows (see Sec. 27.43 of this chapter).

    9. We only allow shotguns of 20gauge or larger (slugs only), centerfire rifles of .22 caliber or larger, bows, and primitive weapons during the gun hunt. We prohibit crossbows (see Sec. 27.43 of this chapter).
    * * * * *
    10. Amend Sec. 32.31 Idaho by:
    a. Revising paragraph A.2. of Bear Lake National Wildlife Refu

    FOR FURTHER INFORMATION CONTACT

    Leslie A. Marler, (703) 358-2397; Fax (703) 3582248.