[Federal Register Volume 82, Number 153 (Thursday, August 10, 2017)]
[Proposed Rules]
[Pages 37398-37417]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-16374]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 32
[Docket No. FWS-HQ-NWRS-2017-0005; FXRS12650900000-178-FF09R26000]
RIN 1018-BB75
2017-2018 Refuge-Specific Hunting and Sport Fishing Regulations
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Proposed rule.
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SUMMARY: We, the U.S. Fish and Wildlife Service, propose to increase
the hunting activities available at nine National Wildlife Refuges
(NWR), open one NWR to sport fishing for the first time, and add
pertinent refuge-specific regulations for other NWRs that pertain to
migratory game bird hunting, upland game hunting, big game hunting, and
sport fishing for the 2017-2018 season.
DATES: We will accept comments received or postmarked on or before
September 11, 2017.
ADDRESSES: You may submit comments by one of the following methods:
Electronically: Go to the Federal eRulemaking Portal:
http://www.regulations.gov. In the Search box, type in FWS-HQ-NWRS-
2017-0005, which is the docket number for this rulemaking. Then click
on the Search button. On the resulting screen, find the correct
document and submit a comment by clicking on ``Comment Now!''
By hard copy: Submit by U.S. mail or hand delivery: Public
Comments Processing, Attn: FWS-HQ-NWRS-2017-0005; Division of Policy,
Performance, and Management Programs; U.S. Fish and Wildlife Service;
5275 Leesburg Pike, MS: BPHC; Falls Church, VA 22041-3803.
We will not accept email or faxes. We will post all comments on
http://www.regulations.gov. This generally means that we will post any
personal information you provide us (see Request for Comments, below,
for more information). For information on specific refuges' public use
programs and the conditions that apply to them or for copies of
compatibility determinations for any refuge(s), contact individual
programs at the addresses/phone numbers given in Available Information
for Specific Refuges under SUPPLEMENTARY INFORMATION.
FOR FURTHER INFORMATION CONTACT: Katherine Harrigan, (703) 358-2440.
SUPPLEMENTARY INFORMATION: The National Wildlife Refuge System
Administration Act of 1966 closes NWRs in all States except Alaska to
all uses until opened. The Secretary of the Interior (Secretary) may
open refuge areas to any use, including hunting and/or sport fishing,
upon a determination that the use is compatible with the purposes of
the refuge and National Wildlife Refuge System mission. The action also
must be in accordance with provisions of all laws applicable to the
areas, developed in coordination with the appropriate State fish and
wildlife agency(ies), consistent with the principles of sound fish and
wildlife management and administration, and otherwise in the public
interest. These requirements ensure that we maintain the biological
integrity, diversity, and environmental health of the Refuge System for
the benefit of present and future generations of Americans.
We annually review refuge hunting and sport fishing programs to
determine whether to include additional refuges or whether individual
refuge regulations governing existing programs need modifications.
Changing environmental conditions, State and Federal regulations, and
other factors affecting fish and wildlife populations and habitat may
warrant modifications to refuge-specific regulations to ensure the
continued compatibility of hunting and sport fishing programs and to
ensure that these programs will not materially interfere with or
detract from the fulfillment of refuge purposes or the Refuge System's
mission.
Provisions governing hunting and sport fishing on refuges are in
title 50 of the Code of Federal Regulations in part 32 (50 CFR part
32). We regulate hunting and sport fishing on refuges to:
Ensure compatibility with refuge purpose(s);
Properly manage fish and wildlife resource(s);
Protect other refuge values;
Ensure refuge visitor safety; and
Provide opportunities for quality fish- and wildlife-
dependent recreation.
On many refuges where we decide to allow hunting and sport fishing,
our general policy of adopting regulations identical to State hunting
and sport fishing regulations is adequate in meeting these objectives.
On other refuges, we must supplement State regulations with more-
restrictive Federal regulations to ensure that we meet our management
responsibilities, as outlined in the Statutory Authority section,
below. We issue refuge-specific hunting and sport fishing regulations
when we open wildlife refuges to migratory game bird hunting, upland
game hunting, big game hunting, or sport fishing. These regulations may
list the wildlife species that you may hunt or fish, seasons, bag or
creel (container for carrying fish) limits, methods of hunting or sport
fishing, descriptions of areas open to hunting or sport fishing, and
other provisions as appropriate. You may find previously issued refuge-
specific regulations for hunting and sport fishing in 50 CFR part 32.
In this rulemaking, we are also proposing to standardize and clarify
the language of existing regulations.
Statutory Authority
The National Wildlife Refuge System Administration Act of 1966 (16
U.S.C. 668dd-668ee, as amended by the National Wildlife Refuge System
Improvement Act of 1997 [Improvement Act]) (Administration Act), and
the Refuge Recreation Act of 1962 (16 U.S.C. 460k-460k-4) (Recreation
Act) govern the administration and public use of refuges.
Amendments enacted by the Improvement Act built upon the
[[Page 37399]]
Administration Act in a manner that provides an ``organic act'' for the
Refuge System, similar to organic acts that exist for other public
Federal lands. The Improvement Act serves to ensure that we effectively
manage the Refuge System as a national network of lands, waters, and
interests for the protection and conservation of our Nation's wildlife
resources. The Administration Act states first and foremost that we
focus our Refuge System mission on conservation of fish, wildlife, and
plant resources and their habitats. The Improvement Act requires the
Secretary, before allowing a new use of a refuge, or before expanding,
renewing, or extending an existing use of a refuge, to determine that
the use is compatible with the purpose for which the refuge was
established and the mission of the Refuge System. The Improvement Act
established as the policy of the United States that wildlife-dependent
recreation, when compatible, is a legitimate and appropriate public use
of the Refuge System, through which the American public can develop an
appreciation for fish and wildlife. The Improvement Act established six
wildlife-dependent recreational uses as the priority general public
uses of the Refuge System. These uses are: hunting, fishing, wildlife
observation and photography, and environmental education and
interpretation.
The Recreation Act authorizes the Secretary to administer areas
within the Refuge System for public recreation as an appropriate
incidental or secondary use only to the extent that doing so is
practicable and not inconsistent with the primary purpose(s) for which
Congress and the Service established the areas. The Recreation Act
requires that any recreational use of refuge lands be compatible with
the primary purpose(s) for which we established the refuge and not
inconsistent with other previously authorized operations.
The Administration Act and Recreation Act also authorize the
Secretary to issue regulations to carry out the purposes of the Acts
and regulate uses.
We develop specific management plans for each refuge prior to
opening it to hunting or sport fishing. In many cases, we develop
refuge-specific regulations to ensure the compatibility of the programs
with the purpose(s) for which we established the refuge and the Refuge
System mission. We ensure initial compliance with the Administration
Act and the Recreation Act for hunting and sport fishing on newly
acquired refuges through an interim determination of compatibility made
at or near the time of acquisition. These regulations ensure that we
make the determinations required by these acts prior to adding refuges
to the lists of areas open to hunting and sport fishing in 50 CFR part
32. We ensure continued compliance by the development of comprehensive
conservation plans and step-down management plans, and by annual review
of hunting and sport fishing programs and regulations.
Amendments to Existing Regulations
This document proposes to codify in the Code of Federal Regulations
all of the Service's hunting and/or sport fishing regulations that we
would update since the last time we published a rule amending these
regulations (81 FR 68874; October 4, 2016) and that are applicable at
Refuge System units previously opened to hunting and/or sport fishing.
We propose this to better inform the general public of the regulations
at each refuge, to increase understanding and compliance with these
regulations, and to make enforcement of these regulations more
efficient. In addition to now finding these regulations in 50 CFR part
32, visitors to our refuges may find them reiterated in literature
distributed by each refuge or posted on signs.
Table 1--Changes for 2017-2018 Hunting/Fishing Season
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Refuge/Region (*) State Migratory bird hunting Upland game hunting Big game hunting Sport fishing
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Baskett Slough (1)................. Oregon................ C..................... Closed............... Closed............... Closed.
Des Lacs (6)....................... North Dakota.......... Closed................ Already Open......... C/D.................. Closed.
Fox River (3)...................... Wisconsin............. Closed................ Closed............... C.................... Closed.
Horicon (3)........................ Wisconsin............. D..................... C/D.................. C.................... Already Open.
Minnesota Valley (3)............... Minnesota............. C..................... C.................... C.................... Already Open.
Patoka River (3)................... Indiana............... C..................... C.................... C.................... C.
Savannah River (4)................. Georgia and South C/D................... C/D.................. C/D.................. Already Open.
Carolina.
Sequoyah (2)....................... Oklahoma.............. Already Open.......... C.................... C.................... Already Open.
Siletz Bay (1)..................... Oregon................ Already Open.......... Closed............... Closed............... B.
Upper Souris (6)................... North Dakota.......... Closed................ C/D.................. C/D.................. Already Open.
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* number in () refers to the Region as defined in the preamble to this proposed rule under Available Information for Specific Refuges.
Key:
A = New refuge opened
B = New activity on a refuge previously open to other activities
C = Refuge already open to activity, but added new lands/waters or modified areas open to hunting or fishing
D = Refuge already open to activity but added new species to hunt
The changes for the 2017-18 hunting/fishing season noted in the
chart above are each based on a complete administrative record which,
among other detailed documentation, also includes a hunt plan, a
compatibility determination, and the appropriate National Environmental
Policy Act (NEPA; 42 U.S.C. 4321 et seq.) analysis, all of which were
the subject of a public review and comment process. These documents are
available upon request.
Fish Advisory
For health reasons, anglers should review and follow State-issued
consumption advisories before enjoying recreational sport fishing
opportunities on Service-managed waters. You can find information about
current fish-consumption advisories on the Internet at: http://www.epa.gov/fish-tech.
Plain Language Mandate
In this proposed rule, we propose some of the revisions to the
individual refuge units to comply with a Presidential mandate to use
plain language in regulations; these particular revisions do not modify
the substance of the previous regulations. These types of changes
include using ``you'' to refer to the reader and ``we'' to refer to the
Refuge System, using the word ``allow'' instead of ``permit'' when we
do not require the use of a permit for an activity, and using active
voice (e.g., ``We restrict entry into the refuge'' vs. ``Entry into the
refuge is restricted'').
[[Page 37400]]
Request for Comments
You may submit comments and materials on this proposed rule by any
one of the methods listed in ADDRESSES. We will not accept comments
sent by email or fax or to an address not listed in ADDRESSES. We will
not consider hand-delivered comments that we do not receive, or mailed
comments that are not postmarked, by the date specified in DATES.
We will post your entire comment on http://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 http://www.regulations.gov.
Public Comment
Department of the Interior policy is, whenever practicable, to
afford the public a meaningful opportunity to participate in the
rulemaking process. We open refuges through a series of stages, with
the fundamental work being performed on the ground at the refuge and in
the community where the program is administered. In these stages, we
give the public other opportunities to comment, for example, on
comprehensive conservation plans and compatibility determinations. The
second stage is this document, when we publish the proposed rule in the
Federal Register for additional comment, usually for a 30-day comment
period.
There is nothing contained in this proposed rule outside the scope
of the annual review process where we determine whether individual
refuges need modifications, deletions, or additions made to them. We
make every attempt to collect all of the proposals from the refuges
nationwide and process them expeditiously to maximize the time
available for public review. A 30-day comment period, through the
broader publication following the earlier public involvement, gives the
public sufficient time to comment and allows us to establish hunting
and fishing programs in time for the upcoming seasons. Many of these
rules would also relieve restrictions and allow the public to
participate in recreational activities on a number of refuges. In
addition, in order to continue to provide for previously authorized
hunting opportunities while at the same time providing for adequate
resource protection, we must be timely in providing modifications to
certain hunting programs on some refuges.
We considered providing a 60-day, rather than a 30-day, comment
period. However, we determined that an additional 30-day delay in
processing these refuge-specific hunting and sport fishing regulations
would hinder the effective planning and administration of our hunting
and sport fishing programs. Such a delay would jeopardize enacting
amendments to hunting and sport fishing programs in time for
implementation this year and/or early next year, or shorten the
duration of these programs.
Even after issuance of a final rule, we accept comments,
suggestions, and concerns for consideration for any appropriate
subsequent rulemaking.
When finalized, we will incorporate these regulations into 50 CFR
part 32. Part 32 contains general provisions and refuge-specific
regulations for hunting and sport fishing on refuges.
Clarity of This Proposed Rule
Executive Orders 12866 and 12988 and the Presidential Memorandum of
June 1, 1998, require us to write all rules in plain language. This
means that each rule we publish must:
(a) Be logically organized;
(b) Use the active voice to address readers directly;
(c) Use clear language rather than jargon;
(d) Be divided into short sections and sentences; and
(e) Use lists and tables wherever possible.
If you feel that we have not met these requirements, send us
comments by one of the methods listed in ADDRESSES. To better help us
revise the rule, your comments should be as specific as possible. For
example, you should tell us the numbers of the sections or paragraphs
that are unclearly written, which sections or sentences are too long,
the sections where you feel lists or tables would be useful, etc.
Executive Order 13771--Reducing Regulation and Controlling Regulatory
Costs
This action is not subject to Executive Order (E.O.) 13771 (82 FR
9339, February 3, 2017) because it is issued with respect to routine
hunting and fishing activities.
Regulatory Planning and Review (Executive Orders 12866 and 13563)
Executive Order 12866 provides that the Office of Information and
Regulatory Affairs (OIRA) will review all significant rules. OIRA has
determined that this rulemaking is not significant.
Executive Order 13563 reaffirms the principles of E.O. 12866 while
calling for improvements in the nation's regulatory system to promote
predictability, to reduce uncertainty, and to use the best, most
innovative, and least burdensome tools for achieving regulatory ends.
The executive order directs agencies to consider regulatory approaches
that reduce burdens and maintain flexibility and freedom of choice for
the public where these approaches are relevant, feasible, and
consistent with regulatory objectives. E.O. 13563 emphasizes further
that regulations must be based on the best available science and that
the rulemaking process must allow for public participation and an open
exchange of ideas. We have developed this rule in a manner consistent
with these requirements.
Regulatory Flexibility Act
Under the Regulatory Flexibility Act (as amended by the Small
Business Regulatory Enforcement Fairness Act [SBREFA] of 1996) (5
U.S.C. 601 et seq.), whenever a Federal agency is required to publish a
notice of rulemaking for any proposed or final rule, it must prepare
and make available for public comment a regulatory flexibility analysis
that describes the effect of the rule on small entities (i.e., small
businesses, small organizations, and small government jurisdictions).
However, no regulatory flexibility analysis is required if the head of
an agency certifies that the rule would not have a significant economic
impact on a substantial number of small entities. Thus, for a
regulatory flexibility analysis to be required, impacts must exceed a
threshold for ``significant impact'' and a threshold for a
``substantial number of small entities.'' See 5 U.S.C. 605(b). SBREFA
amended the Regulatory Flexibility Act to require Federal agencies to
provide a statement of the factual basis for certifying that a rule
would not have a significant economic impact on a substantial number of
small entities.
This proposed rule adds one NWR to the list of refuges open to
sport fishing and increases hunting or fishing activities on nine
additional national wildlife refuges. As a result, visitor use for
wildlife-dependent recreation on these NWRs will change. If the refuges
establishing new programs were a pure addition to the current supply of
those activities, it would mean an estimated increase of 914 user days
(one person per day participating in a recreational opportunity, Table
2). Because the
[[Page 37401]]
participation trend is flat in these activities since 1991, this
increase in supply will most likely be offset by other sites losing
participants. Therefore, this is likely to be a substitute site for the
activity and not necessarily an increase in participation rates for the
activity.
Table 2--Estimated Change in Recreation Opportunities in 2017/2018
[Dollars in thousands]
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Additional Additional
Refuge days expenditures
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Baskett Slough.......................... 2 $0.1
Des Lacs................................ 50 2.0
Fox River............................... 5 0.2
Horicon................................. 187 7.4
Minnesota Valley........................ 0 0.0
Patoka River............................ 0 0.0
Savannah River.......................... 315 12.4
Sequoyah................................ 5 0.2
Siletz Bay.............................. 150 6.3
Upper Souris............................ 200 7.9
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Total............................... 914 36.4
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To the extent visitors spend time and money in the area of the
refuge that they would not have spent there anyway, they contribute new
income to the regional economy and benefit local businesses. Due to the
unavailability of site-specific expenditure data, we use the national
estimates from the 2011 National Survey of Fishing, Hunting, and
Wildlife Associated Recreation to identify expenditures for food and
lodging, transportation, and other incidental expenses. Using the
average expenditures for these categories with the maximum expected
additional participation of the Refuge System yields approximately
$36,400 in recreation-related expenditures (Table 2). By having ripple
effects throughout the economy, these direct expenditures are only part
of the economic impact of these recreational activities. Using a
national impact multiplier for hunting activities (2.27) derived from
the report ``Hunting in America: An Economic Force for Conservation''
and for fishing activities (2.40) derived from the report
``Sportfishing in America'' yields a total economic impact of
approximately $83,500 (2016 dollars) (Southwick Associates, Inc.,
2012). Using a local impact multiplier would yield more accurate and
smaller results. However, we employed the national impact multiplier
due to the difficulty in developing local multipliers for each specific
region.
Since we know that most of the fishing and hunting occurs within
100 miles of a participant's residence, then it is unlikely that most
of this spending would be ``new'' money coming into a local economy;
therefore, this spending would be offset with a decrease in some other
sector of the local economy. The net gain to the local economies would
be no more than $83,500, and most likely considerably less. Since 80
percent of the participants travel less than 100 miles to engage in
hunting and fishing activities, their spending patterns would not add
new money into the local economy and, therefore, the real impact would
be on the order of about $16,700 annually.
Small businesses within the retail trade industry (such as hotels,
gas stations, taxidermy shops, bait-and-tackle shops, and similar
businesses) may be affected by some increased or decreased refuge
visitation. A large percentage of these retail trade establishments in
the local communities around NWRs qualify as small businesses (Table
3). We expect that the incremental recreational changes will be
scattered, and so we do not expect that the rule will have a
significant economic effect on a substantial number of small entities
in any region or nationally. As noted previously, we expect
approximately $36,400 to be spent in total in the refuges' local
economies. The maximum increase at most would be less than one-
hundredth of 1 percent for local retail trade spending (Table 3).
Table 3--Comparative Expenditures for Retail Trade Associated With Additional Refuge Visitation for 2017/2018
[Thousands, 2016 dollars]
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Estimated
Retail trade maximum Addition as % Establishments Establ. with
Refuge/county(ies) in 2012 addition from of total in 2012 <10 emp in
new activities 2012
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Baskett Slough
Polk, OR.................... $377,029 $0.1 <0.01 125 89
Des Lacs
Burke, ND................... 1,988,596 1.0 <0.01 293 169
Ward, ND.................... 40,290 1.0 <0.01 10 6
Fox River
Marquette, WI............... 74,141 0.2 <0.01 35 27
Horicon
Dodge, WI................... 870,743 3.7 <0.01 234 159
Fond du Lac, WI............. 1,465,969 3.7 <0.01 354 225
Minnesota Valley
Carver, MN.................. 948,923 .............. .............. 209 132
[[Page 37402]]
Dakota, MN.................. 6,779,786 .............. .............. 1,132 689
Hennepin, MN................ 25,012,109 .............. .............. 4,209 2,657
Le Sueur, MN................ 220,214 .............. .............. 84 58
Scott, MN................... 1,397,711 .............. .............. 323 215
Sibley, MN.................. 79,291 .............. .............. 54 39
Patoka River
Gibson, IN.................. 582,859 .............. .............. 120 84
Pike, IN.................... 75,823 .............. .............. 31 23
Savannah River
Chatham, GA................. 4,449,471 6.2 <0.01 1,198 851
Effingham, GA............... 374,811 6.2 <0.01 108 79
Jasper, SC.................. 600,879 6.2 <0.01 104 80
Sequoyah
Haskell, OK................. 149,403 0.1 <0.01 33 22
Muskogee, OK................ 970,020 0.1 <0.01 258 178
Sequoyah, OK................ 405,258 0.1 <0.01 116 86
Siletz Bay
Lincoln, OR................. 607,106 6.3 <0.01 241 310
Upper Souris
Renville, ND................ 84,795 3.9 <0.01 12 10
Ward, ND.................... 1,988,596 3.9 <0.01 293 169
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With the small change in overall spending anticipated from this
proposed rule, it is unlikely that a substantial number of small
entities will have more than a small impact from the spending change
near the affected refuges. Therefore, we certify that, if adopted as
proposed, this rule would not have a significant economic effect on a
substantial number of small entities as defined under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.). An initial regulatory
flexibility analysis is not required. Accordingly, a small entity
compliance guide is not required.
Small Business Regulatory Enforcement Fairness Act
The proposed rule is not a major rule under 5 U.S.C. 804(2), the
Small Business Regulatory Enforcement Fairness Act. We anticipate no
significant employment or small business effects. This rule:
a. Would not have an annual effect on the economy of $100 million
or more. The minimal impact would be scattered across the country and
would most likely not be significant in any local area.
b. Would not cause a major increase in costs or prices for
consumers; individual industries; Federal, State, or local government
agencies; or geographic regions. This proposed rule would have only a
slight effect on the costs of hunting opportunities for Americans. If
the substitute sites are farther from the participants' residences,
then an increase in travel costs would occur. The Service does not have
information to quantify this change in travel cost but assumes that,
since most people travel less than 100 miles to hunt, the increased
travel cost would be small. We do not expect this proposed rule to
affect the supply or demand for hunting opportunities in the United
States, and, therefore, it should not affect prices for hunting
equipment and supplies, or the retailers that sell equipment.
c. Would not have significant adverse effects on competition,
employment, investment, productivity, innovation, or the ability of
U.S.-based enterprises to compete with foreign-based enterprises. This
proposed rule represents only a small proportion of recreational
spending at NWRs. Therefore, if adopted, this rule would have no
measurable economic effect on the wildlife-dependent industry, which
has annual sales of equipment and travel expenditures of $72 billion
nationwide.
Unfunded Mandates Reform Act
Since this proposed rule would apply to public use of federally
owned and managed refuges, it would not impose an unfunded mandate on
State, local, or Tribal governments or the private sector of more than
$100 million per year. The rule would not have a significant or unique
effect on State, local, or Tribal governments or the private sector. A
statement containing the information required by the Unfunded Mandates
Reform Act (2 U.S.C. 1531 et seq.) is not required.
Takings (E.O. 12630)
In accordance with E.O. 12630, this proposed rule would not have
significant takings implications. This rule would affect only visitors
at NWRs and describe what they can do while they are on a refuge.
Federalism (E.O. 13132)
As discussed in Regulatory Planning and Review and Unfunded
Mandates Reform Act, above, this proposed rule would not have
sufficient federalism implications to warrant the preparation of a
federalism summary impact statement under E.O. 13132. In preparing this
proposed rule, we worked with State governments.
Civil Justice Reform (E.O. 12988)
In accordance with E.O. 12988, the Department of the Interior has
determined that this proposed rule would not unduly burden the judicial
system and that it meets the requirements of sections 3(a) and 3(b)(2)
of the Order. The rule would clarify established regulations and result
in better understanding of the regulations by refuge visitors.
Energy Supply, Distribution or Use (E.O. 13211)
On May 18, 2001, the President issued E.O. 13211 on regulations
that significantly affect energy supply,
[[Page 37403]]
distribution, and use. E.O. 13211 requires agencies to prepare
Statements of Energy Effects when undertaking certain actions. Because
this proposed rule would add one NWR to the list of refuges open to
sport fishing and increase hunting or fishing activities on nine other
NWRs, it is not a significant regulatory action under E.O. 12866, and
we do not expect it to significantly affect energy supplies,
distribution, or use. Therefore, this action is not a significant
energy action, and no Statement of Energy Effects is required.
Consultation and Coordination With Indian Tribal Governments (E.O.
13175)
In accordance with E.O. 13175, we have evaluated possible effects
on federally recognized Indian tribes and have determined that there
are no effects. We coordinate recreational use on NWRs with Tribal
governments having adjoining or overlapping jurisdiction before we
propose the regulations.
Paperwork Reduction Act (PRA)
This rule does not contain any new collection of information that
requires approval by the Office of Management and Budget under the PRA
of 1995 (44 U.S.C. 3501 et seq.). OMB has approved the information
collection requirements associated with regulations implementing
refuge-specific hunting and sport fishing regulations and has assigned
OMB control numbers 1018-0102 (expires June 30, 2017; in accordance
with 5 CFR 1320.10, the agency may continue to conduct or sponsor this
collection of information while the submission is pending at OMB),
1018-0140 (expires May 31, 2018), and 1018-0153 (expires December 31,
2018). An agency may not conduct or sponsor and a person is not
required to respond to a collection of information, unless it displays
a currently valid OMB control number.
Endangered Species Act Section 7 Consultation
We comply with section 7 of the Endangered Species Act of 1973, as
amended (16 U.S.C. 1531 et seq.), when developing comprehensive
conservation plans and step-down management plans--which would include
hunting and/or fishing plans--for public use of refuges, and prior to
implementing any new or revised public recreation program on a refuge
as identified in 50 CFR 26.32. We have completed section 7 consultation
on each of the affected refuges.
National Environmental Policy Act
We analyzed this proposed rule in accordance with the criteria of
the National Environmental Policy Act of 1969 (NEPA) (42 U.S.C.
4332(C)), 43 CFR part 46, and 516 Departmental Manual (DM) 8.
A categorical exclusion from NEPA documentation applies to
publication of proposed amendments to refuge-specific hunting and
fishing regulations because they are technical and procedural in
nature, and the environmental effects are too broad, speculative, or
conjectural to lend themselves to meaningful analysis (43 CFR 46.210
and 516 DM 8). Concerning the actions that are the subject of this
proposed rulemaking, we have complied with NEPA at the project level
when developing each proposal. This is consistent with the Department
of the Interior instructions for compliance with NEPA where actions are
covered sufficiently by an earlier environmental document (43 CFR
46.120).
Prior to the addition of a refuge to the list of areas open to
hunting and fishing in 50 CFR part 32, we develop hunting and fishing
plans for the affected refuges. We incorporate these proposed refuge
hunting and fishing activities in the refuge comprehensive conservation
plan and/or other step-down management plans, pursuant to our refuge
planning guidance in 602 Fish and Wildlife Service Manual (FW) 1, 3,
and 4. We prepare these comprehensive conservation plans and step-down
plans in compliance with section 102(2)(C) of NEPA, and the Council on
Environmental Quality's regulations for implementing NEPA in 40 CFR
parts 1500 through 1508. We invite the affected public to participate
in the review, development, and implementation of these plans. Copies
of all plans and NEPA compliance are available from the refuges at the
addresses provided below.
Available Information for Specific Refuges
Individual refuge headquarters have information about public use
programs and conditions that apply to their specific programs and maps
of their respective areas. To find out how to contact a specific
refuge, contact the appropriate Regional office listed below:
Region 1--Hawaii, Idaho, Oregon, and Washington. Regional Chief,
National Wildlife Refuge System, U.S. Fish and Wildlife Service,
Eastside Federal Complex, Suite 1692, 911 NE. 11th Avenue, Portland, OR
97232-4181; Telephone (503) 231-6214.
Region 2--Arizona, New Mexico, Oklahoma, and Texas. Regional Chief,
National Wildlife Refuge System, U.S. Fish and Wildlife Service, P.O.
Box 1306, 500 Gold Avenue SW., Albuquerque, NM 87103; Telephone (505)
248-6937.
Region 3--Illinois, Indiana, Iowa, Michigan, Minnesota, Missouri,
Ohio, and Wisconsin. Regional Chief, National Wildlife Refuge System,
U.S. Fish and Wildlife Service, 5600 American Blvd. West, Suite 990,
Bloomington, MN 55437-1458; Telephone (612) 713-5360.
Region 4--Alabama, Arkansas, Florida, Georgia, Kentucky, Louisiana,
Mississippi, North Carolina, South Carolina, Tennessee, Puerto Rico,
and the Virgin Islands. Regional Chief, National Wildlife Refuge
System, U.S. Fish and Wildlife Service, 1875 Century Boulevard,
Atlanta, GA 30345; Telephone (404) 679-7166.
Region 5--Connecticut, Delaware, District of Columbia, Maine,
Maryland, Massachusetts, New Hampshire, New Jersey, New York,
Pennsylvania, Rhode Island, Vermont, Virginia, and West Virginia.
Regional Chief, National Wildlife Refuge System, U.S. Fish and Wildlife
Service, 300 Westgate Center Drive, Hadley, MA 01035-9589; Telephone
(413) 253-8307.
Region 6--Colorado, Kansas, Montana, Nebraska, North Dakota, South
Dakota, Utah, and Wyoming. Regional Chief, National Wildlife Refuge
System, U.S. Fish and Wildlife Service, 134 Union Blvd., Lakewood, CO
80228; Telephone (303) 236-8145.
Region 7--Alaska. Regional Chief, National Wildlife Refuge System,
U.S. Fish and Wildlife Service, 1011 E. Tudor Rd., Anchorage, AK 99503;
Telephone (907) 786-3545.
Region 8--California and Nevada. Regional Chief, National Wildlife
Refuge System, U.S. Fish and Wildlife Service, 2800 Cottage Way, Room
W-2606, Sacramento, CA 95825; Telephone (916) 414-6464.
Primary Author
Katherine Harrigan, Division of Natural Resources and Conservation
Planning, National Wildlife Refuge System, is the primary author of
this rulemaking document.
List of Subjects in 50 CFR Part 32
Fishing, Hunting, Reporting and recordkeeping requirements,
Wildlife, Wildlife refuges.
Proposed Regulation Promulgation
For the reasons set forth in the preamble, we propose to amend
title 50, chapter I, subchapter C of the Code of Federal Regulations as
follows:
[[Page 37404]]
PART 32--HUNTING AND FISHING
0
1. The authority citation for part 32 continues to read as follows:
Authority: 5 U.S.C. 301; 16 U.S.C. 460k, 664, 668dd-668ee, and
715i.
Sec. 32.7 [Amended]
0
2. Amend Sec. 32.7 by adding, in alphabetical order, an entry for
``Loess Bluffs National Wildlife Refuge'' in the State of Missouri; and
removing the entry for ``Squaw Creek National Wildlife Refuge.''
0
3. Amend Sec. 32.23, the entry for Dale Bumpers White River National
Wildlife Refuge, by:
0
a. Removing the second, duplicate appearance of paragraph A.16;
0
b. Adding a new paragraph A.17;
0
c. Revising paragraphs A.18 through A.20, C.2 through C.5, C.8, and
C.18;
0
d. Adding paragraphs C.20 and C.21; and
0
e. Revising paragraph D.1.
The revisions and additions read as follows:
Sec. 32.23 Arkansas.
* * * * *
Dale Bumpers White River National Wildlife Refuge
A. * * *
* * * * *
17. We prohibit the use of decoys that contain moving parts or
electrical components, except that you may use manually operated `jerk
strings' to simulate decoy movement.
18. You may not utilize a guide, guide service, outfitter, club,
organization, or any other person who provides equipment, services, or
assistance on the refuge for compensation.
19. We prohibit commercial guiding for the take of wildlife or
fish.
20. We allow camping only in designated sites and areas identified
in the refuge user brochure/permit (signed brochure), and we restrict
camping to individuals involved in wildlife-dependent activities. We
limit camping on the refuge to no more than 14 days during any 30
consecutive-day period. Campers must occupy camps daily. We prohibit
all disturbances, including use of generators, after 10 p.m.
* * * * *
C. * * *
* * * * *
2. Archery deer seasons on the North Unit are from the beginning of
October until the end of January except during quota muzzleloader and
quota gun deer hunts, when the archery season is closed. We provide
annual season dates and bag limits in the refuge user brochure/permit
(signed brochure).
3. Archery deer seasons on the South Unit are from the beginning of
October until the end of December except during quota muzzleloader and
quota gun deer hunts, when the archery season is closed. We provide
annual season dates and bag limits in the refuge user brochure/permit
(signed brochure).
4. Muzzleloader season for deer will begin in October and will
continue for a period of up to 3 days of quota hunting and 4 days of
non-quota hunting in the North Unit. We provide annual season dates and
bag limits in the refuge user brochure/permit (signed brochure).
5. The gun deer hunt will begin in November and will continue for a
period of 3 days of quota hunting in the North and South Units, and 4
days of non-quota hunting in the North Unit. We provide annual season
dates, bag limits, and areas in the refuge user brochure/permit.
* * * * *
8. If you harvest deer or turkey on the refuge, you must
immediately record the zone number (Zone 145 for the South Unit or Zone
146 for the North Unit) on your hunting license and later check deer
and/or turkey through the State checking system. Outlying tracts use
the same zone number as the surrounding State zone.
* * * * *
18. We close the Kansas Lake Area to all entry on December 1 and
reopen it on March 1.
* * * * *
20. We prohibit the possession and/or use of toxic shot by hunters
using shotguns (see Sec. 32.2(k) of this chapter) when hunting.
21. Feral hog regulations are found in the refuge brochure/permit
(signed brochure).
D. * * *
1. Conditions A1, A9, A10, A11, A15, and A21 through A25 apply.
* * * * *
0
4. Amend Sec. 32.24 by:
0
a. Revising paragraph A.3 under the entry Colusa National Wildlife
Refuge;
0
b. Revising paragraph A.3 under the entry Delevan National Wildlife
Refuge;
0
c. Revising paragraph A.3 under the entry Sacramento National Wildlife
Refuge; and
0
d. Revising paragraph C.3 under the entry Sacramento River National
Wildlife Refuge.
The revisions read as follows:
Sec. 32.24 California.
* * * * *
Colusa National Wildlife Refuge
A. * * *
3. Junior hunters age 15 or younger must be accompanied by, and
remain within sight and normal voice contact of, an adult (age 18 or
older) at all times while hunting.
* * * * *
Delevan National Wildlife Refuge
A. * * *
3. Junior hunters age 15 or younger must be accompanied by, and
remain within sight and normal voice contact of, an adult (age 18 or
older) at all times while hunting.
* * * * *
Sacramento National Wildlife Refuge
A. * * *
3. Junior hunters age 15 or younger must be accompanied by, and
remain within sight and normal voice contact of, an adult (age 18 or
older) at all times while hunting.
* * * * *
Sacramento River National Wildlife Refuge
* * * * *
C. * * *
3. We prohibit using dogs while hunting feral hogs and black-tailed
deer.
* * * * *
0
5. Amend Sec. 32.27 by revising the entry for Prime Hook National
Wildlife Refuge to read as follows:
Sec. 32.27 Delaware.
* * * * *
Prime Hook National Wildlife Refuge
A. Migratory Game Bird Hunting. We allow the hunting of waterfowl,
coot, mourning dove, snipe, and woodcock on designated areas of the
refuge during designated seasons in accordance with State regulations
and subject to the following conditions:
1. General Hunting Regulations.
i. Anyone age 16 or older, regardless of license status, must
obtain a migratory bird hunting permit (Migratory Bird Hunt
Application, FWS Form 3-2357) to hunt or enter hunt areas, except non-
hunting assistants assisting disabled hunters in the disabled area. You
must print and validate your permit (name/address/phone) with your
signature, in ink, and retain it on your person while hunting or
scouting.
ii. You must abide by the terms and conditions outlined in the
refuge hunt brochure (see Sec. 32.2(e) of this chapter). Brochures
contain information on seasons, bag limits, methods of hunting, maps
depicting areas open to hunting, hunt unit reservation procedures, and
the terms and conditions under which
[[Page 37405]]
we issue hunting permits. They are available at the visitor center, at
the administration office, and on the refuge's Web site (see Sec.
32.2(f) of this chapter).
iii. You, and those who accompany you who are age 16 or older, must
possess and carry the following at all times while on refuge property:
A valid Delaware hunting license or document exhibiting your License
Exempt Number (LEN), all required State and Federal stamps, a valid
form of government-issued photo identification, a signed refuge hunt
brochure appropriate for the hunt in question, and a printed valid
hunting permit. We will not accept photocopies or electronic copies of
these documents.
iv. Youths age 15 or younger must be accompanied by a supervisor
age 18 or older who possesses all documents required in A.1.iii,
including non-hunting assistants. All supervisors may only be
accompanied by one youth. Youths must possess and carry a signed refuge
waterfowl hunt brochure and an LEN or license in accordance with State
law. The youth must remain within sight and normal voice contact of the
supervisor at all times while hunting on the refuge.
v. Other than using motor vehicles on designated roads, you may
only access the refuge by foot, except as authorized by the refuge
manager.
vi. You may use trained dogs to assist in retrieval of harvested
game.
vii. You must notify and receive permission from a Service law
enforcement officer, refuge manager, or designee if you need to
retrieve game from a closed refuge area or a hunting area for which you
do not possess a valid permit (see Sec. 26.21(a) of this chapter).
viii. You must park in designated areas. We prohibit parking in
front of any gate. Parked vehicles may not impede any road traffic (see
Sec. 27.31(h) of this chapter).
ix. You may enter the refuge up to 2 hours before legal morning
shooting time. You must stop hunting by 3 p.m. and leave the hunting
area or unit by 4 p.m., except when snow goose hunting, in the
designated snow goose area, during the snow goose conservation order
season.
x. You must complete and return a Migratory Bird Hunt Report (FWS
Form 3-2361), available at the refuge administration office or on the
refuge's Web site, within 15 days of the close of the season.
xi. We prohibit the use of natural vegetation for camouflaging
blind material (see Sec. 27.51(a) of this chapter).
xii. We prohibit entry to designated safety zones as identified by
polygons on the refuge map.
xiii. You may access the Lottery Waterfowl hunt area by boat. The
maximum horsepower allowed for boat motors is 30 horsepower (HP). You
must abide by the slow, no-wake zones on designated portions of refuge
waterways as depicted in maps or within the brochure.
xiv. We allow the use of non-motorized boats within the Walk-in
Hunt Area. Boats may be transported to refuge waters by hand or by the
use of a cart.
2. General and Disabled Waterfowl Draw Hunt Areas.
i. You must obtain a Daily General or Disabled Waterfowl Draw Area
Permit (signed brochure), which reserves your hunt unit/area/site in
advance for a specific date using an online system. Only hunters age 16
or older may reserve a hunt unit.
ii. You must print and validate your Daily Waterfowl Draw Area
Permit (signed brochure) with your signature in ink.
iii. You must hunt from your boat or, if applicable, provided
blind. You must hunt within 75 feet (22.9 meters) of your designated
site.
iv. We allow you to have up to two additional hunters accompany you
on your reserved site.
v. Disabled Waterfowl Draw Area.
a. All disabled hunters must possess and carry a State of Delaware
Certified Hunter with Disabilities Card while hunting in disabled
areas. We will not accept photocopies or electronic copies of these
forms.
b. Disabled hunters may have a non-hunting assistant who is age 18
or older. The assistant must remain within sight and normal voice
contact; must not be engaged in hunting; and must possess a valid
refuge hunt brochure signed in ink and a valid government-issued photo
identification. Any assistant engaged in hunting must possess and carry
all documents as specified in A.1.iii.
c. We do not allow assistants to enter a designated disabled
hunting area unless they are accompanied by a certified disabled
hunter.
d. We do not require assistants to maintain sight and normal voice
contact while retrieving game.
B. Upland Game Hunting. We allow hunting of rabbit, quail,
pheasant, and red fox on designated areas of the refuge in accordance
with State regulations and subject to the following conditions:
1. A.1.i. through A.1.viii. and A.1.xii. apply.
2. We prohibit shooting a projectile from a firearm, muzzleloader,
bow, or crossbow from, down, or across any refuge road. A refuge road
is any road that is traveled by vehicular traffic.
3. You must make a reasonable effort to retrieve all wounded or
killed game and include it in your daily bag limit. We prohibit leaving
entrails or other waste within 50 feet (15.2 meters) of any road,
parking area, trail, or refuge structure on the refuge.
4. You must use daylight florescent orange in accordance with State
regulations (see Sec. 32.2(d) of this chapter).
5. You may enter the refuge no earlier than 1 hour before legal
morning shooting time and you must exit the refuge by 1 hour after
legal sunset.
6. We prohibit the use of centerfire and rimfire rifles.
C. Big Game Hunting. We allow hunting of white-tailed deer and
turkey on designated areas of the refuge in accordance with State
regulations and subject to the following conditions:
1. General Hunt Regulations.
i. Conditions A.1.i. through A.1.v., A.1.vii., A.1.viii., A.1.xii.,
B2, and B3 apply.
ii. We prohibit organized deer drives.
iii. We allow the use of temporary tree stands and blinds for
hunting. All stands and blinds left on refuge property unoccupied must
be tagged in plain sight with your permit number and the years that are
printed on your permit. You must remove all stands and blinds by legal
sunset of a date established annually by the refuge manager. We are not
responsible for damage, theft, or use of the stand by other hunters.
iv. You may use marking devices, including flagging or tape, but
you must remove them by legal sunset on a date established annually by
the refuge manager. You may not use paint or any other permanent marker
to mark trails.
v. You must use daylight florescent orange in accordance with State
regulations during all designated firearm and muzzleloader deer hunts
(see Sec. 32.2(d) of this chapter).
2. General and Disabled Deer Draw Hunt Areas.
i. Youth hunters must obtain a hunting permit before applying for a
General and Disabled Deer Draw Area Permit (signed brochure). Hunters
age 15 or younger must obtain a hunting permit; however, A.1.iv. still
applies.
ii. You must obtain a Daily General or Disabled Deer Draw Area
Permit (signed brochure), which reserves your hunt unit/area/site in
advance for a specific date using an online system.
iii. You must print and sign your Daily Deer Draw Area Permit
(signed brochure) in ink.
3. For designated disabled hunt areas, A.2.v. applies.
[[Page 37406]]
D. Sport Fishing. We allow fishing and crabbing on designated areas
of the refuge in accordance with State regulations and subject to the
following conditions:
1. Conditions A.1.i. through A.1.iv. apply for those age 17 and
older.
2. All youth age 16 or younger must be accompanied by a licensed
angler age 18 or older who possesses all documents required in D.1.i.
3. The refuge is open from \1/2\ hour before legal sunrise to \1/2\
hour after legal sunset.
4. Other than using motor vehicles on designated roads, you may
only access the refuge by foot, except as authorized by the refuge
manager.
5. We allow fishing and crabbing from boats and from designated
areas of the refuge, on designated days, during designated times,
routes of travel, waterways, and launch sites.
i. You must remove boats from the water by legal sunset.
ii. When on Turkle and Fleetwood Ponds, you may only propel boats
manually or with electric motors.
iii. We allow a maximum of 30 horsepower (HP) outboard or motor.
iv. You must abide by the slow, no-wake zones on designated
portions of refuge waterways as depicted in maps or within the
brochure.
6. Fishing tackle and crabbing gear:
i. You must use hook-and-line tackle when fishing for finfish.
ii. You may use only hand lines, crab dip nets, hoop crab nets,
and/or manually operated crab traps (collapsible traps) in any
combination for crabbing.
iii. You must attend to your crabbing and fishing lines or gear at
all times.
* * * * *
0
6. Amend Sec. 32.28 by:
0
a. Under the entry Lake Woodruff National Wildlife Refuge:
0
i. Revising paragraphs C.1, C.2, C.8, and C.16;
0
ii. Adding paragraphs C.17 and C.18;
0
iii. Removing paragraph D.5; and
0
iv. Redesignating paragraph D.6 as D.5;
0
b. Under the entry Lower Suwanee National Wildlife Refuge:
0
i. Revising paragraphs A.9, A.12, and A.14; and
0
ii. Adding paragraph D.4; and
0
c. Under the entry Merritt Island National Wildlife Refuge:
0
i. Revising paragraphs A.3 through A.6;
0
ii. Adding paragraphs A.10 and A.11;
0
iii. Revising paragraphs A.14, A.16, C.8, C.15, C.16, C.24, and D.3;
0
iv. Removing paragraph D.9;
0
v. Redesignating paragraphs D.10 through D.14 as D.9 through D.13,
respectively;
0
vi. Removing paragraph D.15;
0
vii. Redesignating paragraphs D.16 and D.17 as D.14 and D.15,
respectively;
0
viii. Revising newly redesignated paragraph D. 14; and
0
ix. Removing paragraph D.18.
The additions and revisions read as follows:
Sec. 32.28 Florida.
* * * * *
Lake Woodruff National Wildlife Refuge
* * * * *
C. * * *
1. You must have a valid signed Lake Woodruff National Wildlife
Refuge Big Game Permit (signed brochure). The permits (signed brochure)
are free and nontransferable, and anyone on refuge land engaged in
hunting must sign and carry the permit at all times.
2. You must obtain a State-issued Lake Woodruff Quota Hunt Permit
(Quota Permit), which can be purchased through Florida Fish and
Wildlife Conservation Commission (FWC). You must have on your person
all applicable Florida hunting licenses and permits. State requirements
for hunter safety apply.
* * * * *
8. Hunting areas on the refuge are seasonally closed to all public
use except to permitted hunters during the season, and are marked on
refuge maps. The refuge is closed between legal sunset and legal
sunrise, except permitted hunters may access the refuge 2 hours prior
to legal sunrise each hunting day. All hunters must leave the refuge
within 2 hours of legal sunset.
* * * * *
16. Archery hunters must wear a vest or jacket containing back and
front panels of at least 500 square inches (3,226 square centimeters)
of solid-fluorescent-orange color when moving to and from their
vehicle, to their deer stand or their hunting spot, and while tracking
or dragging out deer.
17. We prohibit using dogs for tracking unless authorized by a
Federal wildlife officer. Dogs must remain on a leash and be equipped
with a GPS tracking device.
18. It is unlawful to drive nails, spikes, or other metal objects
into any tree, or to hunt from any tree in which a metal object has
been driven (see Sec. 32.2(i) of this chapter).
* * * * *
Lower Suwanee National Wildlife Refuge
A. * * *
9. In addition to State hunter-education requirements, an adult
(parent or guardian) age 21 or older must supervise and must remain
within sight of and in normal voice contact of the youth hunter age 15
or younger. Parents or adult guardians are responsible for ensuring
that hunters age 15 and younger do not engage in conduct that would
constitute a violation of refuge regulations. An adult may not
supervise more than two youths.
* * * * *
12. We prohibit marking any tree, or other refuge feature, with
flagging, litter, paint, tacks, spider eyes, or blaze.
* * * * *
14. You may leave a temporary tree stand on refuge property
starting 1 week before archery season, but you must remove it by the
last day of hog season. All tree stands left on the refuge within the
hunt season must display the hunter's name and hunting license number
legibly written on or attached to the stand. We may seize and dispose
of any tree stands not in compliance, according to Federal regulations.
You may also use a temporary tree stand during small game season, but
you must remove it by the last day of small game season.
* * * * *
D. * * *
4. We prohibit the use or possession of alcohol while fishing.
* * * * *
Merritt Island National Wildlife Refuge
A.* * *
3. You must carry (or hunt within 30 yards of a hunter who
possesses) a valid State-issued Merritt Island Waterfowl Quota Permit
(Waterfowl Quota Permit), which can be purchased through the Florida
Fish and Wildlife Conservation Commission (FWC) while hunting in areas
1 or 4 from the beginning of the regular waterfowl season through the
end of January. The Waterfowl Quota Permit can be used for a single
party consisting of the permit holder and up to three guests. The
permit holder must be present.
4. During the State's waterfowl season, we allow hunting on
Wednesdays, Saturdays, Sundays, and the following Federal holidays:
Thanksgiving, Christmas, and New Year's Day.
5. We allow hunting in four designated areas of the refuge as
delineated in the refuge hunting regulations map. We prohibit hunters
entering the normal or expanded restricted areas of the Kennedy Space
Center (KSC). Merritt Island National Wildlife Refuge and KSC maintain
the right to close any portion of the refuge
[[Page 37407]]
for any length of time. In that case, we will not refund or reissue any
permits.
6. We allow hunting of waterfowl on refuge-established hunt days
from \1/2\ hour before legal sunrise until 12 p.m. (noon). Hunters must
remove all equipment and check out at the refuge check station prior to
1 p.m. daily.
* * * * *
10. We prohibit accessing a hunt area from Black Point Wildlife
Drive, Playalinda Beach Road (Beach Road), and Scrub Ridge Trail. We
prohibit launching a boat and leaving vehicles parked for hunting
purposes on Black Point Wildlife Drive, Playalinda Beach Road (Beach
Road), or Scrub Ridge Trail.
11. We prohibit construction of permanent blinds or digging into
dikes (see Sec. 27.92 of this chapter).
* * * * *
14. You must leave the refuge by 1 p.m. Prior to that, you must
stop at posted refuge waterfowl check stations and report statistical
hunt information on the Migratory Bird Hunt Report (FWS Form 3-2361) to
refuge personnel.
* * * * *
16. You may use gasoline or diesel motors only inside the
impoundment perimeter ditch. Outside the perimeter ditch, vessels must
be propelled by paddling, push pole, or electric trolling motor.
* * * * *
C. * * *
8. You are prohibited from entering the normal or expanded
restricted areas of KSC. Merritt Island National Wildlife Refuge and
KSC maintain the right to close any portion of the refuge for any
length of time. In that case, we will not refund or reissue any
permits.
* * * * *
15. We allow legally permitted hunters to scout within their
permitted zones up to 7 days prior to their permitted hunts. You must
carry your valid Quota Hunt Permit identifying the permitted hunt zone
while scouting. You may not possess hunting weapons while scouting.
16. We allow parking for scouting and/or hunting only along State
Road (SR) 3, but not within the hunt areas or on any road marked as
``Area Closed.''
* * * * *
24. The bag limit and antler requirements for white-tailed deer on
the refuge will follow State regulations but will not exceed two deer
per hunt. We define antlered and antlerless deer according to State
regulations.
* * * * *
D. * * *
3. You may launch boats for night fishing and boating activities
only from Bair's Cove, Beacon 42, and Biolab boat ramps.
* * * * *
14. When inside the impoundment perimeter ditch, you may use
gasoline or diesel motors. Outside the perimeter ditch, vessels must be
propelled by paddling, push pole, or electric trolling motor.
* * * * *
0
7. Amend Sec. 32.29 by revising paragraphs A, B, and C under the entry
Savannah National Wildlife Refuge to read as follows:
Sec. 32.29 Georgia.
* * * * *
Savannah National Wildlife Refuge
A. Migratory Game Bird Hunting. We allow hunting of waterfowl and
mourning dove on designated areas of the refuge in accordance with
State regulations and subject to the following conditions:
1. All hunters age 16 and older must possess and carry a signed
refuge hunt permit (name/address/phone) and a State license. We charge
a fee for all hunt permits.
2. To participate in the youth waterfowl hunt, youth hunters must
submit the Waterfowl Lottery Application (FWS Form 3-2355). You must
pay an application fee to enter the hunt drawing.
3. We allow temporary blinds only. You must remove decoys and other
personal property from the refuge daily (see Sec. 27.93 of this
chapter).
4. We allow shotguns for all migratory game bird hunting, but only
with nontoxic shot size #2 or smaller.
5. Youth hunters, defined as those age 15 and younger, must remain
within sight and normal voice contact of an adult age 21 or older; the
adult must possess a valid hunting license for the State in which they
are hunting. One adult may supervise no more than two youth hunters.
6. You may take feral hog and coyote during all refuge hunts
(migratory bird, upland, and big game) with weapons authorized and
legal for those hunts.
7. You may use retrieving dogs. Dogs must remain under direct and
constant control of the hunter.
8. You must comply with all provisions of State and local law when
possessing, transporting, or carrying firearms on national wildlife
refuges. You may only use (discharge) firearms in accordance with
refuge regulations (see Sec. 27.42 of this chapter and specific refuge
regulations in part 32.)
B. Upland Game Hunting. We allow hunting of squirrel and rabbit on
designated areas of the refuge in accordance with State regulations and
subject to the following conditions:
1. Conditions A1, A6, and A8 apply.
2. For squirrel hunting, we allow rimfire rifles, rimfire pistols,
or shotguns with nontoxic shot size #2 shot or smaller. We recommend
but do not require solid copper or other nontoxic rimfire bullets. For
rabbit hunting, we allow shotguns, but only with nontoxic shot size #2
or smaller.
3. You may not hunt on or within 100 yards (90 meters) of public
roads, refuge facilities, roads and trails, and railroad rights-of-way,
or in closed areas.
4. You may not use dogs for upland game hunting.
5. During the period when upland game hunting coincides with the
refuge gun hunt for deer and hogs, you must wear an outer garment
containing a minimum of 500 square inches (3,226 square centimeters) of
hunter-orange material above the waistline.
6. Youth hunters, defined as those age 15 and younger, must remain
within sight and normal voice contact of an adult age 21 or older; the
adult must possess a valid hunting license for the State in which they
are hunting. One adult may supervise no more than one youth hunter.
C. Big Game Hunting. We allow hunting of white-tailed deer, turkey,
feral hog, and coyote on designated areas of the refuge in accordance
with State regulations and subject to the following conditions:
1. Conditions A1, A6, A8, B3, and B6 apply.
2. To participate in the gun hunt for wheelchair-dependent hunters,
hunters must submit the Quota Deer Hunt Application (FWS Form 3-2354).
To participate in the Youth Turkey Hunt & Learn Weekend, youth hunters
must submit the Big/Upland Game Hunt Application (FWS Form 3-2356). You
must pay an application fee to enter these hunt drawings.
3. To participate in the youth-only deer or turkey hunts, youth
hunters must request a free hunt permit from the refuge headquarters.
4. You may only use bows, in accordance with State regulations, for
deer, hog, and coyote hunting during the archery hunt for these
species.
5. You may only use shotguns (20 gauge or larger, slugs only),
center-fire rifles, center-fire pistols, muzzleloaders, and bows, in
accordance with State regulations, for deer, hog, and coyote hunting
during the firearm hunts for these species.
6. You must remove hunt stands following each day's hunt (see Sec.
27.93 of this chapter).
[[Page 37408]]
7. Hunters may take as many as five deer (no more than two
antlered). There is no bag limit on feral hog or coyote.
8. Turkey hunters may harvest only three gobblers (male turkey).
9. We allow only shotguns with nontoxic #2 shot or smaller, and
bows, in accordance with State regulations, for turkey hunting. We
prohibit the use of slugs or buckshot for turkey hunting.
10. We prohibit the use of trail or game cameras. We also prohibit
the use of trail marking tacks, bright eyes, reflectors, reflecting
tape, and any other markers, including biodegradable markers such as
toilet paper and paper tape.
11. We prohibit the use of dogs for big game hunting.
* * * * *
0
8. Amend Sec. 32.37 by:
0
a. Revising paragraph A.19 under the entry Bayou Sauvage National
Wildlife Refuge;
0
b. Revising paragraphs A.14, C.3, C.5, and C.7 under the entry Bayou
Teche National Wildlife Refuge;
0
c. Under the entry Big Branch Marsh National Wildlife Refuge:
0
i. Revising paragraphs A.15, C.5, C.6, D.5, and D.6; and
0
ii. Adding paragraph D.8;
0
d. Under the entry Bogue Chitto National Wildlife Refuge:
0
i. Revising paragraphs A.6, A.7, A.10, A.11, B.4, C.3, and C.8;
0
ii. Adding paragraphs C.11 and C.12; and
0
iii. Revising paragraph D.3;
0
e. Revising paragraphs B.2, B.7, and C.5 under the entry Catahoula
National Wildlife Refuge;
0
f. Revising paragraph A.16 under the entry Delta National Wildlife
Refuge; and
0
g. Revising paragraph A.12 under the entry Mandalay National Wildlife
Refuge.
The additions and revisions read as follows:
Sec. 32.37 Louisiana.
* * * * *
Bayou Sauvage National Wildlife Refuge
A. * * *
19. We prohibit the use of any type of material used as flagging or
trail markers, except reflective tacks.
* * * * *
Bayou Teche National Wildlife Refuge
A. * * *
14. We prohibit the use of any type of material used as flagging or
trail markers, except reflective tacks.
* * * * *
C. * * *
3. We allow hunting in the Centerville, Garden City, Bayou Sale,
North Bend East, and North Bend West Units. We do not allow hunting
within 500 feet (152.4 meters) of the Garden City parking area and
boardwalk. The Bayou Sale Unit is not open for big game firearm hunts.
* * * * *
5. You may take feral hogs only as incidental take while
participating in the refuge deer archery hunt.
* * * * *
7. During deer gun seasons, all hunters, except waterfowl hunters,
must wear and display 400 square inches (2,580.6 square centimeters) of
unbroken hunter-orange or blaze pink as the outermost layer of clothing
on the chest and back and a hunter-orange or blaze pink cap. Deer
hunters hunting from concealed ground blinds must display a minimum of
400 square inches (2,580.6 square centimeters) of hunter-orange or
blaze pink above or around their blinds; this must be visible from 360
degrees.
* * * * *
Big Branch Marsh National Wildlife Refuge
A. * * *
15. We prohibit all-terrain vehicles (ATVs) and utility-terrain
vehicles (UTVs).
* * * * *
C. * * *
5. You may erect temporary deer stands 2 days prior to the start of
deer archery season. You must remove all deer stands within 2 days
after the archery deer season closes. You may place only one deer stand
on the refuge. Deer stands must have the owner's name, address, and
phone number clearly printed on the stand. Hunting stands are not
allowed on trees painted with white bands. You must place stands in a
non-hunting position when not in use (see Sec. 27.93 of this chapter).
6. You may take hogs only as incidental take while participating in
the refuge deer archery hunt.
* * * * *
D. * * *
5. We prohibit all commercial finfishing and shellfishing,
including guiding, outfitting, lodging, club membership, or
participating in a paid guided fishing trip (see Sec. 27.97 of this
chapter).
6. Conditions A6, A8, A9, and A14 through A17 apply.
* * * * *
8. You must attend to any fishing, crabbing, and crawfishing
equipment at all times.
* * * * *
Bogue Chitto National Wildlife Refuge
A. * * *
6. An adult at least age 21 must supervise youth hunters during all
hunts. State regulations define youth hunter age and hunter-education
requirements. One adult may supervise two youths during small game
hunts and migratory bird hunts but may supervise only one youth during
big game hunts. Youths must remain within normal voice contact of the
adult who is supervising them. Parents or adult guardians are
responsible for ensuring that youth hunters do not engage in conduct
that would constitute a violation of refuge regulations.
7. We prohibit hunting within 150 feet (45.7 meters) from the
centerline of any public road, refuge road, designated or maintained
trail, building, residence, designated camping area, or designated
public facility, or from or across aboveground oil, gas, or electric
facilities. We prohibit hunting in refuge-designated closed areas,
which we post on the refuge and identify in the refuge hunt permits.
* * * * *
10. You may not act as a hunting guide, outfitter, or in any other
capacity whereby another individual(s) pays or promises to pay directly
or indirectly for services rendered. You may not provide payment to any
other person or persons for hunting on the refuge, regardless of
whether the payment is for guiding, outfitting, lodging, or club
membership (see Sec. 27.97 of this chapter).
11. We prohibit horses, trail cameras, all-terrain vehicles (ATVs),
and utility-terrain vehicles (UTVs), except UTVs are allowed on
designated physically challenged hunt trails for big game. We provide
specific size and tire pressure restrictions for UTVs in the refuge
hunt permit (signed brochure).
* * * * *
B. * * *
4. All hunters in Louisiana (including archery hunters and small
game hunters), except waterfowl hunters, must wear and display not less
than 400 square inches (2,580.6 square centimeters) of unbroken hunter-
orange or blaze pink as the outermost layer of clothing on the chest
and back and a hunter-orange cap during deer gun seasons. While walking
to and from elevated stands, all deer hunters must display a minimum of
400 square inches (2,580.6 square centimeters) of hunter-orange or
blaze pink or a hunter-orange
[[Page 37409]]
or blaze pink hat. All hunters in Mississippi must wear at least 500
square inches (3,226 square centimeters) of hunter-orange or blaze
pink; this replaces the 400 square inches (2,580.6 square centimeters)
required in Louisiana. During the dog season for squirrels and rabbits,
all hunters, except waterfowl hunters, must wear a hunter-orange or
blaze pink hat. Deer hunters hunting from concealed blinds must display
at least 400 square inches (2,580.6 square centimeters) of hunter-
orange or blaze pink above or around their blinds; this must be visible
from 360 degrees.
* * * * *
C. * * *
3. We allow archery deer hunting during the open State deer archery
season. You may take deer of either sex in accordance with State
regulations. The State season limits apply.
* * * * *
8. You may take hog as incidental game while participating in the
refuge archery, primitive weapon, and general gun deer hunts and where
otherwise specified. We list specific dates for the special hog hunts
in February in the refuge hunt permit (signed brochure). During the
special hog hunt in February, you must use trained hog-hunting dogs to
aid in the take of hog. During the special hog hunt, you may take hog
from \1/2\ hour before legal sunrise until \1/2\ hour after legal
sunset. You may possess only approved nontoxic shot or pistol or rifle
ammunition not larger than .22 caliber rimfire to take the hog after it
has been caught by dogs. Condition A8 applies during special hog hunts
in February.
* * * * *
11. We prohibit using shot larger than BB lead or T steel while
hunting during turkey season.
12. We allow physically challenged big game hunters exclusive use
of designated physically challenged hunt trails with limited use of
UTVs in accordance with specific size and weight specifications.
Specific hunt trails will be designated on the refuge hunt permit.
Physically challenged hunters must pre-register hunting dates and
specific location at the refuge office. An assistant may accompany the
physically challenged hunter, but the assistant may not hunt.
D. * * *
3. We close the fishing ponds at the Pearl River Turnaround to
fishing from April through the first full week of June and to boating
during the months of April, May, June, and July.
* * * * *
Catahoula National Wildlife Refuge
* * * * *
B. * * *
2. At the Headquarters Unit, we only allow squirrel and rabbit
hunting. We set seasons annually.
* * * * *
7. You may use shotguns for hunting but only with nontoxic shot and
rifles .22 caliber rimfire or smaller. We prohibit possession of toxic
shot when hunting.
C. * * *
5. We allow hunting of deer with primitive firearms during the
first segment of the State season for area 1, weekdays only (Monday
through Friday) and 2 days in December with these dates set annually.
We allow either-sex, deer gun hunting for the Friday, Saturday, and
Sunday immediately following Thanksgiving Day and for 2 days in
December with these dates to be set annually.
* * * * *
Delta National Wildlife Refuge
A. * * *
16. We prohibit the use of any type of material used as flagging or
trail markers, except reflective tacks.
* * * * *
Mandalay National Wildlife Refuge
A. * * *
12. We prohibit the use of any type of material used as flagging or
trail markers, except reflective tacks.
* * * * *
0
9. Amend Sec. 32.39 by:
0
a. Revising paragraphs A, C, D.2, and D.3 under the entry Blackwater
National Wildlife Refuge; and
0
b. Revising paragraph C and D.4 under the entry Eastern Neck National
Wildlife Refuge.
The revisions read as follows:
Sec. 32.39 Maryland.
* * * * *
Blackwater National Wildlife Refuge
A. Migratory Game Bird Hunting. We allow hunting of goose and duck
on designated areas of the refuge in accordance with State regulations
and subject to the following conditions:
1. You must obtain a refuge waterfowl hunting permit (signed
brochure) by signing the corresponding season's refuge waterfowl
hunting brochure in ink. You must abide by the terms and conditions
outlined in the brochure (see Sec. 32.2(e) of this chapter). Refuge
waterfowl hunting brochures contain seasons, bag limits, methods of
hunting, maps depicting areas open to hunting, hunt unit reservation
procedures, and the terms and conditions under which we issue hunting
permits. They are available at the refuge visitor center,
administration office, and on the refuge's Web site.
2. You must reserve your hunt unit in advance for a specific date
using the call reservation system. You must be age 18 or older to
reserve a hunt unit.
3. Up to three additional hunters may accompany you on your
reserved unit.
4. You and those who accompany you must possess on your person a
valid Maryland hunting license and all required stamps, a valid form of
government-issued photo identification, and a printed valid hunting
permit (signed brochure) at all times while on refuge property. We will
not accept photocopies or electronic copies of these forms.
5. We prohibit the use of natural vegetation for camouflaging blind
material.
6. Other than using motor vehicles on designated roads, you may
only access the refuge by foot, except as authorized by the refuge
manager.
7. You may use trained dogs to assist in the retrieval of harvested
birds.
* * * * *
C. Big Game Hunting. We allow the hunting of white-tailed and sika
deer and turkey on designated areas of the refuge in accordance with
State regulations and subject to the following conditions:
1. General Hunt Regulations.
i. Condition A6 applies.
ii. You must obtain a deer or turkey hunting permit (Big/Upland
Game Hunt Application, FWS Form 3-2356 or Quota Deer Hunt Application,
FWS Form 3-2354). Hunting brochures, hunting application procedures,
seasons, bag limits, methods of hunting, maps depicting areas open to
hunting, and the terms and conditions under which we issue hunting
permits are available at the refuge visitor center, administration
office, and on the refuge's Web site.
iii. You must possess on your person at all times while on refuge
property: A valid Maryland hunting license and all required stamps, a
valid form of government-issued photo identification, and a printed
valid hunting permit (Big/Upland Game Hunt Application, FWS Form 3-2356
or Quota Deer Hunt Application, FWS Form 3-2354) issued by the refuge.
We will not accept photocopies or electronic copies of these forms.
iv. You may not hunt from a permanently constructed tree stand or
blind.
v. We prohibit organized deer drives, unless otherwise authorized
by the
[[Page 37410]]
refuge manager on designated hunt days.
vi. You must notify and receive permission from a Service law
enforcement officer, refuge manager, or designee if you need to
retrieve game from a refuge closed area or a hunting area for which you
do not possess a valid permit.
vii. We prohibit shooting a projectile from a firearm,
muzzleloader, bow, or crossbow from, down, or across any refuge road. A
refuge road is any road that is traveled by vehicular traffic.
viii. We prohibit parking in front of any gate. Parked vehicles may
not impede any road traffic (see Sec. 27.31(h) of this chapter).
ix. You must make a reasonable effort to retrieve all wounded or
killed game and include it in your daily bag limit. We prohibit leaving
deer or turkey entrails or other waste within 50 feet (15.2 meters) of
any road, parking area, trail, or refuge structure on the refuge.
x. We allow the use of temporary tree stands and blinds for
hunting. All stands and blinds left on refuge property, unoccupied,
must be tagged in plain sight with your permit number and the years
that are printed on your permit. You must remove all stands and blinds
by legal sunset of a date established annually by the refuge manager.
xi. We allow the use of marking devices, including flagging or
tape, but you must remove them by legal sunset of a date established
annually by the refuge manager. You may not use paint or any other
permanent marker to mark trails.
xii. You must wear fluorescent orange in accordance with State
regulations during all designated firearm and muzzleloader deer hunts.
xiii. You must check all deer harvested at the refuge-sponsored
check station during hunt days when the refuge-sponsored check station
is open. If you fail to check deer during operation hours of the check
station, you must notify the hunt coordinator by noon on the day after
your kill.
xiv. You must adhere to the bag limits set forth annually in the
brochure. Deer harvested on the refuge do not count toward State bag
limits but must be recorded and checked with the State. Deer harvested
on the refuge must be checked pursuant to the refuge hunt in which they
are taken, regardless of the weapon used or corresponding State season.
xv. The maximum speed limit on all refuge unpaved roads is 15 miles
per hour (MPH).
xvi. We prohibit the use of rimfire or centerfire rifles and all
handguns, including muzzleloading pistols, for hunting.
2. Archery Deer Hunt.
i. We do not allow archery hunters to hunt within areas designated
for the youth hunt on designated days.
ii. Archery hunters are not required to wear fluorescent orange
during State youth hunt days.
3. Turkey Hunt.
i. We allow you to take one bearded turkey per year; turkeys taken
on the refuge count toward the State bag limit.
ii. We allow turkey hunt permit holders to have an assistant, who
must remain within sight and normal voice contact.
a. Assistants must not be engaged in hunting; must read the turkey
hunting brochure; and must sign, in ink, the permit (Big/Upland Game
Hunt Application, FWS Form 3-2356 or Quota Deer Hunt Application, FWS
Form 3-2354) of the person they are assisting.
b. Assistants must possess a valid government-issued photo
identification on their person while assisting.
c. Assistants who call and/or set up decoys must possess a valid
Maryland hunting license.
4. Youth Deer and Turkey Hunt.
i. We allow hunters to hunt on designated areas on designated days
(Youth Hunt) if they meet the criteria of a ``youth hunter'' as defined
by State law.
ii. Youth hunters must be accompanied by an assistant consistent
with the regulations established by State law.
iii. All youth deer hunters and their assistants must wear
fluorescent orange in accordance with State regulations while hunting
in designated youth hunt areas.
iv. Assistants must possess a valid refuge hunt brochure, signed in
ink, and a valid government-issued photo identification.
v. Deer taken during youth days do not count toward the State bag
limit and are in addition to any other deer taken during any other
hunts on the refuge.
vi. Deer and turkey taken must be recorded and checked with the
State.
5. Designated Disabled Hunt Areas.
i. All disabled hunters must possess a Federal Government Access
pass (OMB Control 1024-0252).
ii. Disabled hunters are required to have their Federal Government
Access pass (OMB Control 1024-0252) in their possession while hunting
in disabled areas. We will not accept photocopies or electronic copies.
iii. Disabled hunters may have an assistant, at least age 18, who
must remain within sight and normal voice contact.
a. Non-hunting assistants must not be engaged in hunting and must
possess a valid refuge hunt brochure, signed in ink, and a valid
government-issued photo identification. Non-hunting assistants must
also use fluorescent orange in accordance with condition C.1.xii.
b. Assistants who wish to hunt deer must possess a valid hunt
permit (Big/Upland Game Hunt Application, FWS Form 3-2356 or Quota Deer
Hunt Application, FWS Form 3-2354) for that day for any hunt area.
c. We do not allow assistants to enter a designated disabled
hunting area unless they are accompanied by a certified disabled
hunter.
d. All refuge-provided hunt blinds are reserved for disabled
hunters only; however, when a disabled hunter and their assistant
occupy the same blind, both may take game.
e. We do not require assistants to maintain sight and normal voice
contact while retrieving game.
iv. We only allow disabled hunters to operate all-terrain vehicles
(ATVs) and off-road vehicles (ORVs); when the disabled hunter is unable
to physically do so, the assistant may operate the ATV/ORV.
a. Assistants may not operate an ATV/ORV without being accompanied
on the same ATV/ORV by a disabled hunter.
b. ATVs/ORVs must have at least one headlight and one red tail
light that are operational between legal sunset and legal sunrise.
c. Anyone who operates or rides on an ATV/ORV must wear protective
headgear that meets the standards established in Transportation
Article, section 21-1306, Annotated Code of Maryland, and use an eye-
protective device or a windscreen that is of a type approved in
Transportation Article, section 21-1306, Annotated Code of Maryland.
d. We only allow ATVs/ORVs to be operated on established routes of
travel and around field edges.
e. We do not allow ATVs/ORVs to be operated in excess of 15 MPH.
D. * * *
2. We allow only fishing and crabbing from the Key Wallace roadway
(bridge) across the Little Blackwater River and by boat, unless
otherwise authorized by the refuge manager.
3. You must possess a valid Maryland sport fishing license, all
required stamps, and a valid form of government-issued photo
identification while fishing on the refuge.
* * * * *
Eastern Neck National Wildlife Refuge
* * * * *
[[Page 37411]]
C. Big Game Hunting. We allow hunting of white-tailed deer and
turkey on designated areas of the refuge in accordance with State
hunting regulations and subject to the following conditions:
1. General Hunt Regulations.
i. You must obtain a deer or turkey hunting permit (Big/Upland Game
Hunt Application, FWS Form 3-2356). Hunting brochures contain hunting
application procedures, seasons, bag limits, methods of hunting, maps
depicting areas open to hunting, and the terms and conditions under
which we issue hunting permits. They are available at the refuge
visitor center, administration office, and on the refuge's Web site.
ii. You must possess on your person at all times while on refuge
property: A valid Maryland hunting license and all required stamps, a
valid form of government-issued photo identification, and a valid
hunting permit (Big/Upland Game Hunt Application, FWS Form 3-2356)
issued by the refuge. We will not accept photocopies or electronic
copies of these documents.
iii. You must display your refuge hunt parking pass in plain sight,
on the dash of your vehicle during hunt and scout days.
iv. We prohibit hunting from a permanently constructed tree stand
or blind.
v. You must notify and receive permission from a Service law
enforcement officer, refuge manager, or designee if you need to
retrieve game from a refuge closed area or a hunting area for which you
do not possess a valid permit (Big/Upland Game Hunt Application, FWS
Form 3-2356).
vi. Other than using motor vehicles on designated roads, you may
only access the refuge by foot, except as authorized by the refuge
manager.
vii. We prohibit shooting a projectile from a firearm,
muzzleloader, bow, or crossbow from, down, or across any refuge road. A
refuge road is any road that is traveled by vehicular traffic.
viii. You must park in designated areas. We prohibit parking in
front of any gate. Parked vehicles may not impede any road traffic (see
Sec. 27.31(h) of this chapter).
ix. You must make a reasonable effort to retrieve all wounded or
killed game and include it in your daily bag limit. We prohibit leaving
deer entrails or other waste within 50 feet (15.2 meters) of any refuge
road, trail, parking area, or structure.
x. We allow the use of temporary tree stands and blinds for
hunting. All stands and blinds left on refuge property, unoccupied,
must be tagged in plain sight with your permit number and the years
that are printed on your permit. You must remove all stands and blinds
by legal sunset of a date established annually by the refuge manager.
xi. We allow the use of marking devices, including flagging or
tape, but they must be removed by legal sunset of date established
annually by the refuge. You may not use paint or any other permanent
marker to mark trails.
xii. You must use florescent orange in accordance with State
regulations during all designated firearm and muzzleloader deer hunts.
xiii. We prohibit the use of rimfire or centerfire rifles and all
handguns, including muzzleloading pistols, for hunting.
xiv. You must adhere to the bag limits set fourth annually in the
brochure. Deer harvested on the refuge do not count toward State bag
limits but must be recorded and checked with the State. Deer harvested
on the refuge must be checked pursuant to the refuge hunt in which they
are taken, regardless of the weapon used or corresponding State season.
xv. The maximum speed limit on unpaved refuge roads is 15 miles per
hour (MPH).
2. Youth Deer Hunt.
i. We allow hunters to hunt on designated areas on designated days
(Youth Hunt) if they meet the criteria of a ``youth hunter'' as defined
by State law.
ii. Youth hunters must be accompanied by an assistant consistent
with the regulations established by State law.
iii. All youth deer hunters and their assistants must wear
fluorescent orange in accordance with State regulations while hunting
in designated youth hunt areas.
iv. Assistants must possess a valid refuge hunt brochure, signed in
ink, and a valid government-issued photo identification.
v. Deer taken during youth days do not count toward the State bag
limit and are in addition to any other deer taken during any other
hunts on the refuge.
vi. Deer taken must be recorded and checked with the State.
3. Designated Disabled Hunt.
i. All disabled hunters must possess a Federal Government Access
pass (OMB Control 1024-0252). Disabled hunters are required to have
their Federal Government Access pass (OMB Control 1024-0252) in their
possession while hunting in disabled areas. We will not accept
photocopies or electronic copies of the Federal Government Access pass.
ii. Disabled hunters may have an assistant who must be age 18 or
older and remain within sight and normal voice contact.
a. Non-hunting assistants must not be engaged in hunting and must
possess a valid refuge hunt brochure, signed in ink, and a valid
government-issued photo identification. We will not accept photocopies
of these documents. Non-hunting assistants must also wear fluorescent
orange in accordance with C.1.xii.
b. Assistants who wish to deer hunt must possess a valid refuge
hunt permit (Big/Upland Game Hunt Application, FWS Form 3-2356) for
that day.
c. We do not allow assistants to enter a designated disabled
hunting area unless they are accompanied by a certified disabled
hunter.
d. All refuge-provided hunt blinds are reserved for disabled
hunters only; however, when a disabled hunter and their assistant
occupy the same blind, both may take game.
e. We do not require assistants to maintain sight and normal voice
contact while retrieving game.
iii. We allow only disabled hunters to operate all-terrain vehicles
(ATVs) and off-road vehicles (ORVs); when the disabled hunter is unable
to physically do so, the assistant may operate the ATV/ORV.
a. Assistants may not operate an ATV without being accompanied on
the same ATV by a disabled hunter.
b. ATVs/ORVs must have at least one headlight and one red tail
light that are operational between legal sunset and legal sunrise.
c. Anyone who operates or rides on a ATV/ORV must wear protective
headgear that meets the standards established in Transportation
Article, section 21-1306, Annotated Code of Maryland, and must use an
eye-protective device or a windscreen of a type approved in
Transportation Article, section 21-1306, Annotated Code of Maryland.
d. We only allow ATVs/ORVs to be operated on established routes of
travel and around field edges.
e. We do not allow ATVs/ORVs to be operated in excess of 15 miles
per hour (MPH).
D. * * *
* * * * *
4. You must possess a valid Maryland sport fishing license and all
required stamps, and valid form of government-issued photo
identification while fishing on the refuge.
* * * * *
0
10. Amend Sec. 32.43 by:
0
a. Under the entry Hillside National Wildlife Refuge:
[[Page 37412]]
0
i. Revising paragraphs A.1 and A.7;
0
ii. Redesignating paragraph A.21 as A.22; and
0
iii. Adding a new paragraph A.21;
0
b. Revising paragraph B.6 under the entry Holt Collier National
Wildlife Refuge;
0
c. Under the entry Mathews Brake National Wildlife Refuge:
0
i. Revising paragraph A.7; and
0
ii. Adding paragraph A.22;
0
d. Under the entry Morgan Brake National Wildlife Refuge:
0
i. Revising paragraph A.7; and
0
ii. Adding paragraph A.21;
0
e. Under the entry Panther Swamp National Wildlife Refuge:
0
i. Revising introductory text in paragraph A and paragraph A.7; and
0
ii. Adding paragraphs A.22 and C.9; and
0
f. Under the entry Yazoo National Wildlife Refuge:
0
i. Revising paragraph A.7;
0
ii. Adding paragraph A.20; and
0
iii. Revising introductory text in paragraphs B and C.
The additions and revisions read as follows:
Sec. 32.43 Mississippi.
* * * * *
Hillside National Wildlife Refuge
A. * * *
1. Each person age 16 and older hunting or fishing must possess a
valid Theodore Roosevelt Complex Annual Public Use Permit (name/
address/phone number).
* * * * *
7. We prohibit the use of plastic flagging tape, reflective tacks,
and other similar marking devices.
* * * * *
21. Waterfowl hunters are limited to 25 shotshells per person in
the field.
* * * * *
Holt Collier National Wildlife Refuge
* * * * *
B. * * *
6. We prohibit the use of plastic flagging tape, reflective tacks,
and other similar marking devices.
* * * * *
Mathews Brake National Wildlife Refuge
A. * * *
7. We prohibit the use of plastic flagging tape, reflective tacks,
and other similar marking devices.
* * * * *
22. Waterfowl hunters are limited to 25 shotshells per person in
the field.
* * * * *
Morgan Brake National Wildlife Refuge
A. * * *
7. We prohibit the use of plastic flagging tape, reflective tacks,
and other similar marking devices.
* * * * *
21. Waterfowl hunters are limited to 25 shotshells per person in
the field.
* * * * *
Panther Swamp National Wildlife Refuge
A. Migratory Game Bird Hunting. We allow hunting of goose, duck,
merganser, coot, and dove on designated areas of the refuge in
accordance with State regulations and subject to the following
regulations:
* * * * *
7. We prohibit the use of plastic flagging tape, reflective tacks,
and other similar marking devices.
* * * * *
22. Waterfowl hunters are limited to 25 shotshells per person in
the field.
* * * * *
C. * * *
9. Limited draw hunts for persons with disabilities will be held in
November, December, and/or January. We will make hunt dates and permit
application procedures (name/address/phone number) available at the
Theodore Roosevelt Complex headquarters.
* * * * *
Yazoo National Wildlife Refuge
A. * * *
7. We prohibit the use of plastic flagging tape, reflective tacks,
and other similar marking devices.
* * * * *
20. Waterfowl hunters are limited to 25 shotshells per person in
the field.
B. Upland Game Hunting. We allow hunting of squirrel, rabbit, and
raccoon on designated areas of the refuge in accordance with State
regulations and subject to the following conditions:
* * * * *
C. Big Game Hunting. We allow hunting of white-tailed deer on
designated areas of the refuge in accordance with State regulations and
subject to the following conditions:
* * * * *
Sec. 32.44 [Amended]
0
11. Amend Sec. 32.44 by removing the heading ``Squaw Creek National
Wildlife Refuge''; adding in its place the heading ``Loess Bluffs
National Wildlife Refuge''; and moving the entry into alphabetical
order within the section.
0
12. Amend Sec. 32.47 by revising paragraph A.5 under the entry
Stillwater National Wildlife Refuge to read as follows:
Sec. 32.47 Nevada.
* * * * *
Stillwater National Wildlife Refuge
A. * * *
5. We prohibit boating outside of the waterfowl and youth waterfowl
hunting season except in Willow Lake where we allow nonmotorized
boating from July 1 to March 1.
* * * * *
0
13. Amend Sec. 32.49 by revising paragraph D.1 under the entry
Wallkill River National Wildlife Refuge to read as follows:
Sec. 32.49 New Jersey.
* * * * *
Wallkill River National Wildlife Refuge
* * * * *
D. * * *
1. We allow fishing in and along the banks of the Wallkill River.
We allow shore fishing only in the pond at Owens Station Crossing,
Vernon, New Jersey. Fishing at Owens State Crossing is catch and
release only.
* * * * *
0
14. Amend Sec. 32.51, the entry for Montezuma National Wildlife
Refuge, by:
0
a. Redesignating paragraphs A.1.xiii through A.1.xix as A.1.xiv through
A.1.xx;
0
b. Adding a new paragraph A.1.xiii;
0
c. Revising newly redesignated paragraphs A.1.xvii and A.1.xx; and
0
d. Revising paragraphs A.2.iii, B.1, and C.13.
The revisions and addition read as follows:
Sec. 32.51 New York.
* * * * *
Montezuma National Wildlife Refuge
A. * * *
1. * * *
xiii. If you have a reservation but do not show up to hunt, and do
not cancel your reservation 12 hours prior to legal shooting time, then
you may be ineligible to hunt the next 3 hunt days. This decision is at
the refuge manager's discretion.
* * * * *
xvii. Waterfowl hunters may possess a maximum of 15 shot shells on
their person or in their means of conveyance.
* * * * *
xx. You must possess, carry, and present upon request to any law
enforcement officer a valid daily hunt permit card (Migratory Bird Hunt
Report, FWS Form 3-2361). You must return the daily hunt permit card at
the end of hunting. You may obtain a
[[Page 37413]]
permit at the Hunter Check Station during the check-in process, and
return it to the Hunter Check Station or at the box located at the
north end of the Tschache Pool dike.
2. * * *
iii. You must possess, carry, and present upon request to any
Service law enforcement officer a valid daily hunt permit card
(Migratory Bird Hunt Report, FWS Form 3-2361). You must return the
daily hunt permit card at the end of hunting or at the end of the day.
You may obtain a permit at the Hunter Check Station on State Route 89
and return it to the same location; obtaining a permit will be on a
first-come, first-served basis each hunt day.
* * * * *
B. * * *
1. You must carry and present upon request to any Service law
enforcement officer a valid daily hunt permit card (Big/Upland Game
Hunt Application, FWS Form 3-2356). You must return the daily hunt
permit card at the end of hunting or at the end of the day. You may
obtain a permit at the Hunter Check Station on State Route 89 and
return it to the same location; obtaining a permit during the fall
season will be on a first-come, first-served basis each hunt day.
* * * * *
C. * * *
13. We prohibit boats and canoes on refuge pools. We prohibit
hunting on the open-water portions of the refuge pools until the pools
are frozen; when frozen, we allow access for hunting at the refuge
manager's discretion.
* * * * *
0
15. Amend Sec. 32.53 by:
0
a. Revising paragraph C introductory text under the entry Des Lacs
National Wildlife Refuge; and
0
b. Under the entry Upper Souris National Wildlife Refuge:
0
i. Revising paragraph B introductory text and paragraphs B.1 through
B.5; and
0
ii. Revising paragraph C introductory text.
The revisions read as follows:
Sec. 32.53 North Dakota.
* * * * *
Des Lacs National Wildlife Refuge
* * * * *
C. Big Game Hunting. We allow deer and moose hunting on designated
areas of the refuge in accordance with State regulations and subject to
the following conditions:
* * * * *
Upper Souris National Wildlife Refuge
* * * * *
B. Upland Game Hunting. We allow hunting of wild turkey during the
spring season, and sharp-tailed grouse, Hungarian partridge, and
pheasant on designated areas of the refuge in accordance with State
regulations and subject to the following conditions:
1. We allow the use of dogs for hunting and retrieving of upland
game birds with the exception of wild turkey. Dogs must be under
immediate control of the hunter (see Sec. 26.21(b) of this chapter).
2. We open for sharp-tailed grouse, Hungarian partridge, and
pheasant hunting on Unit I during the State hunting season. Unit I
includes all refuge land north of the township road that runs east of
Tolley, across Dam 41 (Carter Dam), and east to State Route 28.
3. We open for sharp-tailed grouse, Hungarian partridge, and
pheasant hunting on Unit II during the State hunting season, except we
close from the first day of the regular State waterfowl season through
the last day of State deer gun season. Unit II includes refuge land
between Lake Darling Dam and Unit I.
4. We close land south of Lake Darling Dam to sharp-tailed grouse,
Hungarian partridge, and pheasant hunting.
5. We prohibit sharp-tailed grouse, Hungarian partridge, pheasant,
and spring wild turkey hunting in the area around refuge headquarters,
buildings, shops, residences, Outlet Fishing Area, and Lake Darling Dam
water control structure. We post these areas with ``Closed to Hunting''
signs.
* * * * *
C. Big Game Hunting. We allow deer and moose hunting on designated
areas of the refuge in accordance with State regulations and subject to
the following conditions:
* * * * *
0
16. Amend Sec. 32.55 by:
0
a. Revising paragraphs A.7, A.8, B.6, C.1, C.3, and C.5 under the entry
Deep Fork National Wildlife Refuge; and
0
b. Revising paragraphs B and C under the entry Sequoyah National
Wildlife Refuge.
The revisions read as follows:
Sec. 32.55 Oklahoma.
* * * * *
Deep Fork National Wildlife Refuge
A. * * *
7. We prohibit horse and mule use on the refuge.
8. We provide access for hunters with disabilities.
* * * * *
B. * * *
6. We offer refuge-controlled turkey hunts. You must possess a
State-issued controlled hunt letter and pay a fee for these hunts.
* * * * *
C. * * *
1. You must possess and carry a signed refuge permit (name only)
for the archery deer hunt. Hunters must turn in a Big Game Harvest
Report (FWS Form 3-2359) by December 31 annually. Failure to submit the
report will render the hunter ineligible for the next year's limited
season archery deer hunt.
* * * * *
3. You may hunt feral hog during any established refuge hunting
season. Refuge permits (either a signed refuge permit or a State-issued
controlled hunt letter) and legal weapons apply for the current hunting
season.
* * * * *
5. We offer refuge-controlled deer hunts (primitive weapon,
disabled primitive, and youth primitive). You must possess a permit (a
State-issued controlled hunt letter) and pay a fee for these hunts.
* * * * *
Sequoyah National Wildlife Refuge
* * * * *
B. Upland Game Hunting. We allow hunting of Eastern gray and fox
squirrel and swamp and Eastern cottontail rabbit on designated areas of
the refuge in accordance with State regulations and subject to the
following conditions:
1. Conditions A3, A4, A5, A8, and A12 apply.
2. You must possess and carry a signed refuge brochure; this serves
as your Upland Game Hunting Permit. The permit/brochure is available
free of charge at the refuge headquarters, at various entry points to
the refuge, and on our Web site. You must abide by all rules and
regulations listed on the permit (see Sec. 32.2(e) of this chapter).
3. We prohibit hunters entering the Sandtown Bottom Unit prior to 5
a.m. during the hunting season. Hunters must leave the Sandtown Bottom
Unit by 1 hour after legal sunset.
4. We open the refuge to hunting on Saturdays, Sundays, Mondays,
and Tuesdays. We generally open the following units: Sandtown Bottom,
Webber Bottom, Girty Bottom, Possum Hollow, and Vian Creek.
5. Season lengths and bag limits will be in accordance with State
regulations with the exception that all upland game hunting will close
on January 31 of each year.
6. We only allow legal shotguns and approved nontoxic shot (see
Sec. 32.2(k) of this chapter). You must plug hunting shotguns so that
they are incapable of holding more than three shells. We also
[[Page 37414]]
allow .22/.17 rimfire rifles for hunting upland game.
7. We prohibit squirrel and rabbit hunting in the Cook, Hi-Saw/
Shelby, Delta Islands, and Haskell Management Units.
8. Incidental take of feral hogs may occur during squirrel and
rabbit hunting season.
C. Big Game Hunting. We allow hunting of white-tailed deer on
designated areas of the refuge in accordance with State regulations and
subject to the following conditions:
1. Conditions A8, A9, and A12 apply.
2. You must possess and carry a hunt permit (State-issued permit),
and comply with the designated refuge season, hunting methods, and
location guidelines for that year.
3. Hunters must apply to the State-controlled deer hunt drawing
administered by the Oklahoma Department of Wildlife Conservation for
selection. You must attend a pre-hunt briefing.
4. You must pay State and Federal special deer hunting fees.
5. Incidental take of feral hogs may occur during deer hunting
season.
* * * * *
0
17. Amend Sec. 32.56 by:
0
a. Under the entry Baskett Slough National Wildlife Refuge:
0
i. Revising paragraph A.1;
0
ii. Redesignating paragraphs A.2 through A.11 as A.3 through A.12,
respectively;
0
iii. Adding a new paragraph A.2; and
0
iv. Revising newly redesignated paragraph A.8; and
0
b. Revising paragraph D under the entry Siletz Bay National Wildlife
Refuge.
The addition and revisions read as follows:
Sec. 32.56 Oregon.
* * * * *
Baskett Slough National Wildlife Refuge
A. * * *
1. Only hunters age 17 or younger are allowed to participate in the
Youth Waterfowl Hunt. Youths must be accompanied by an adult age 21 or
older.
2. Youth must obtain a refuge waterfowl hunting permit using the
Waterfowl Lottery Application (FWS Form 3-2355). All youth hunting
waterfowl must do so from designated blinds.
* * * * *
8. Waterfowl and goose permit hunters are required to check in and
out at the Hunter Check Station (refuge office), which is open from
1\1/2\ hours before legal hunting hours to 8 a.m. and from 11 a.m. to 1
p.m. We prohibit hunting after 12 p.m. (noon).
* * * * *
Siletz Bay National Wildlife Refuge
* * * * *
D. Sport Fishing. We allow fishing and clamming in accordance with
State regulations and subject to the following conditions:
1. We allow recreational bank fishing from the Alder Island Nature
Trail.
2. We allow clamming on refuge lands and access across refuge lands
to State-managed tidelands for clamming on the west side of U.S.
Highway 101.
3. We prohibit pets on refuge trails or other refuge lands. We
allow leashed pets only in the parking lot.
4. We allow fishing only from legal sunrise to legal sunset.
* * * * *
0
18. Amend Sec. 32.63, the entry for Hagerman National Wildlife Refuge,
by:
0
a. Revising paragraph A.10;
0
b. Adding paragraph A.15;
0
c. Revising paragraph B;
0
d. Revising paragraphs C.2, D.2, and D.4; and
0
e. Adding paragraphs D. 15 through D.18.
The additions and revisions read as follows:
Sec. 32.63 Texas.
* * * * *
Hagerman National Wildlife Refuge
A. * * *
10. We prohibit airboats, hovercraft, and personal watercraft (such
as Jet Skis, wave runners, and jet boats) on refuge waters.
* * * * *
15. We prohibit blocking of gates and roads (see Sec. 27.31(h) of
this chapter).
B. Upland Game Hunting. We allow hunting of squirrel and rabbit in
the months of February and September on designated areas of the refuge
in accordance with State regulations and subject to the following
conditions: Conditions A1 through A15 apply.
C. * * *
2. Conditions A2, A5 through A7, and A10 through A15 apply.
* * * * *
D. * * *
2. Conditions A10, and A12 through A15 apply.
* * * * *
4. We allow wade fishing March 15 through October 1 annually from
all areas except Refuge Road, Wildlife Drive, Plover Road, Tern Road,
and Egret Road.
* * * * *
15. We prohibit boats and other floating devices on all open waters
of Lake Texoma, except Big Mineral Creek from October 1 through March
14 annually.
16. At the point where Big Mineral Creek joins Lake Texoma, Big
Mineral Creek becomes a year-round no wake zone to the end of upstream
navigable waters.
17. From October 1 through March 14, we allow only nonmotorized
boats in Big Mineral Creek from the point where it joins Lake Texoma to
the upstream end of navigable waters. You may not have any type of gas
or electric motor onboard that is capable of use. You may launch boats
from a boat ramp only from L Pad Road or by hand at the Big Mineral Day
Use Area.
18. We prohibit discarding fish whole or in part on refuge lands
and waters.
* * * * *
0
19. Amend Sec. 32.65 by revising paragraphs A.1.ii, A.1.iii,
A.1.iii.c, A.1.iii.d, A.1.iv.a through A.1.iv.d, A.1.iv.g through
A.1.iv.i, A.1.iv.m, A.1.iv.p, A.1.v.c, and introductory text of A.1.vi.
under the entry Missisquoi National Wildlife Refuge to read as follows:
Sec. 32.65 Vermont.
* * * * *
Missisquoi National Wildlife Refuge
A. * * *
1. * * *
ii. Maquam Shore Area encompasses a 30-acre area along the
lakeshore of Maquam Bay and is bounded by private land on the west and
a Vermont wildlife management area on the east. In the Maquam Shore
Area, conditions A.1.i.a. through A.1.i.f. apply.
iii. Saxes Pothole/Creek and Shad Island Pothole encompass Saxes
Creek, Saxes Pothole, and Shad Island Pothole. This is a controlled
hunting area. We stake and make available five zones (numbered 1
through 5) to five hunting parties in Saxes Pothole; zone 6 is staked
and available to one hunting party in Shad Island Pothole.
* * * * *
c. You may apply to a preseason lottery (Waterfowl Lottery
Application, FWS Form 3-2355) to obtain a permit (Migratory Bird Hunt
Report, FWS Form 3-2361) for the opening day of duck hunting season
through the first Sunday of the duck hunting season and for the second
weekend of the duck hunting season. During the years when the State
elects to have a split season, you may also obtain your permit
(Migratory Bird Hunt Report, FWS Form 3-2361) for the second opening
day through the following Sunday through application
[[Page 37415]]
to the preseason lottery (Waterfowl Lottery Application, FWS Form 3-
2355). On all other hunt days, you must acquire a permit (Migratory
Bird Hunt Report, FWS Form 3-2361) through self-registration at the
Mac's Bend Landing no earlier than 2 hours before legal shooting time
on the day of the hunt.
d. Hunters selected during the preseason lottery (Waterfowl Lottery
Application, FWS Form 3-2355) must pay a $10 fee. The refuge must
receive the fee no later than 2 days before the opening of the season
or the selected hunter forfeits the permit (Migratory Bird Hunt Report,
FWS Form 3-2361), which we will then make available to other hunters on
a first-come, first-served basis. The fee is paid for any permit
(Migratory Bird Hunt Report, FWS Form 3-2361) assigned before the day
of the hunt. There is no fee for any permit (Migratory Bird Hunt
Report, FWS Form 3-2361) obtained on the day of the hunt.
* * * * *
iv. * * *
a. Junior waterfowl hunters (ages 12-17, inclusive, at the time of
the hunt), following successful completion of the annual training
program (usually held the third or fourth Saturday in August), vie for
blind site assignments during a lottery drawing (Waterfowl Lottery
Application, FWS Form 3-2355) at the conclusion of the training. The 11
blind sites are available exclusively to these junior waterfowl hunters
and their mentors during the first four Saturdays and Sundays of the
duck season.
b. During a lottery drawing (Waterfowl Lottery Application, FWS
Form 3-2355) at the conclusion of the annual junior waterfowl hunter
training, adult volunteers who serve as mentors to junior waterfowl
hunters will vie for the use of junior hunt area blind sites on the
first Wednesday following the second weekend of the season. This is
known as Mentor Day, and there is no fee charged to mentors. Any junior
hunt area blinds not assigned at the conclusion of the annual junior
waterfowl hunter training will be available to other adult hunters via
a preseason lottery (Waterfowl Lottery Application, FWS Form 3-2355).
Mentors will also be permitted to hunt alongside the junior hunters on
the last two Saturdays and Sundays of the junior hunt period.
c. Following the use of the blind sites in this area by junior
hunters and junior hunter mentors, all blind sites are then available
to all adult hunters by permit (Migratory Bird Hunt Report, FWS Form 3-
2361) awarded via a preseason lottery (Waterfowl Lottery Application,
FWS Form 3-2355) for the second Wednesday following the second weekend
of the duck season; and on weekends following the junior hunt by a
first-come, first-served basis; hunters must self-register at the Mac's
Bend boat launch.
d. Hunters, including junior hunters, with preregistered permits
(Migratory Bird Hunt Report, FWS Form 3-2361) must sign in at the Mac's
Bend boat launch no later than 7 a.m. on the date of their scheduled
hunt. After 7 a.m., other hunters may sign in, self-register, and use
unoccupied blind sites. Only junior hunters may hunt on the first four
Saturdays and Sundays of the season. Adult mentors may hunt alongside
their junior hunters for the last two Saturdays and Sundays of the
junior hunt period. During this time, there still can only be two
hunters per blind site (one junior and one mentor, or two juniors),
regardless of the number of mentees.
* * * * *
g. Each adult hunter, except mentors on Mentor Day, must pay $10
for each permit (Migratory Bird Hunt Report, FWS Form 3-2361) issued
during the preseason lottery (Waterfowl Lottery Application, FWS Form
3-2355). Permits acquired by self-registration are free.
h. Only junior hunters may discharge a firearm in this area during
the youth weekend and the first two weekends of the season. Adult
mentors may hunt alongside one junior mentee for the remainder of the
junior hunt period.
i. We allow and recommend hunting from portable blinds and boat
blinds constructed and placed by the refuge at some of the junior blind
sites. Junior hunters are assigned a blind location by a lottery. We
prohibit permanent blinds.
* * * * *
m. At the end of each day's hunt, each hunter must complete and
deposit at Mac's Bend boat launch that portion of their permit
(Migratory Bird Hunt Report, FWS Form 3-2361) that provides the number
of birds harvested and number of birds knocked down but not retrieved.
* * * * *
p. A hunting party consists of the hunter named on the permit
(Migratory Bird Hunt Report, FWS Form 3-2361) and one guest hunter per
blind site per day. Junior hunters may not invite a guest hunter unless
it is another refuge-trained junior hunter. Nonhunters may accompany a
hunting party.
* * * * *
v. * * *
c. Hunters selected during the preseason lottery (Waterfowl Lottery
Application, FWS Form 3-2355) must pay a $10 fee. The refuge must
receive the fee no later than 2 days before the opening of the season
or the selected hunter forfeits the permit (Migratory Bird Hunt Report,
FWS Form 3-2361), which will be made available first to standby hunters
identified at the time of the drawing, and second to other hunters on a
first-come, first-served basis. You must pay the fee for any permit
(Migratory Bird Hunt Report, FWS Form 3-2361) before the day of the
hunt. There is no fee for any permit (Migratory Bird Hunt Report, FWS
Form 3-2361) obtained on the day of the hunt.
* * * * *
vi. Maquam Swamp Area encompasses about 200 acres (80.9 hectares)
west of the Central Vermont Railroad and south of Coleman's inholding
and is open to migratory bird hunting with the following special
requirements:
* * * * *
0
20. Amend Sec. 32.66 by:
0
a. Revising paragraphs A, C, and D under the entry Chincoteague
National Wildlife Refuge;
0
b. Under the entry Eastern Shore of Virginia National Wildlife Refuge:
0
i. Revising paragraphs C.3 and C.5;
0
ii. Removing paragraphs C.6, C.10, and C.11;
0
iii. Redesignating paragraphs C.7 through C.9 as C.6 through C.8,
respectively; and
0
iv. Revising newly redesignated paragraph C.8; and
0
c. Revising paragraph C under the entry Wallops Island National
Wildlife Refuge.
The revisions read as follows:
Sec. 32.66 Virginia.
* * * * *
Chincoteague National Wildlife Refuge
A. Migratory Game Bird Hunting. We allow hunting of waterfowl (as
defined by the Virginia Waterfowl Hunting Guide) and rail on designated
areas of the refuge within Wildcat Marsh, Morris Island, Assawoman
Island, and Metompkin Island Divisions in accordance with State
regulations and subject to the following conditions:
1. You must obtain a Refuge Migratory Game Bird Hunt Permit
(Migratory Bird Hunt Application, FWS Form 3-2357) and maintain the
permit on your person while hunting on the refuge.
2. You may only access hunting areas by boat.
3. You may erect portable blinds and deploy decoys; however, during
the regular duck seasons, you must remove the blinds and decoys at the
end of each day's hunt (see Sec. 27.93 of this chapter).
[[Page 37416]]
We prohibit hunting from a permanent blind or pit blind.
4. You may use trained dogs to assist in the retrieval of harvested
birds.
5. We prohibit hunting on Assawoman and Metompkin Islands' beach
and dune habitats beginning March 15.
6. We do not allow hunting on Sunday.
* * * * *
C. Big Game Hunting. We allow hunting of white-tailed deer and sika
in designated areas of the refuge in accordance with State regulations
and subject to the following conditions:
1. General hunt information:
i. You must possess a refuge hunt permit (Quota Deer Hunt
Application, FWS Form 3-2354) while hunting.
ii. You must certify on your application you have viewed the
refuge's hunt orientation.
iii. We allow holders of a refuge hunt permit (Quota Deer Hunt
Application, FWS Form 3-2354) to access areas of the refuge typically
closed to the non-hunting public. All occupants of a vehicle or hunt
party must possess a refuge hunt permit and be actively engaged in
hunting. We allow an exception to exist for those persons aiding a
disabled person who possesses a valid State-issued Commonwealth of
Virginia Disabled Resident Lifetime License or Commonwealth of Virginia
Resident Disabled Veteran's Lifetime License.
iv. You must sign in at the hunter registration station prior to
entering your hunt zone and sign out upon exiting your hunt zone. All
hunters must sign out no later than 2 hours after the end of legal
shooting hours.
v. You must check all harvested animals at the hunter registration
station prior to signing out.
vi. We prohibit the use of a boat, all-terrain vehicle (see Sec.
27.31(f) of this chapter), or saddled animal to access hunt areas or
while hunting.
vii. We allow the use of portable tree stands, but you must remove
stands at the end of each day's hunt (see Sec. 27.93 of this chapter).
viii. You may not hunt within 100 feet (30.5 meters) of any
building.
ix. We prohibit deer drives. We define a ``drive'' as four or more
persons involved in the act of chasing, pursuing, disturbing, or
otherwise directing deer so as to make the animal more susceptible to
harvest.
x. We prohibit hunting on Sundays.
2. Archery hunt information:
i. We allow hunting of white-tailed deer and sika with archery
tackle, as defined by the State, in designated areas of the refuge.
ii. You may not hunt or nock an arrow or crossbow bolt within 50
feet (15.2 meters) of the centerline of any road, whether improved or
unimproved, or paved trail.
3. Firearm hunt information:
i. We allow hunting of white-tailed deer and sika with firearms in
designated areas of the refuge.
ii. You may not hunt or discharge a firearm on or within 50 feet
(15.2 meters) of the centerline of any road, whether improved or
unimproved, or paved trail. You may not shoot across or down any road
or paved trail.
D. Sport Fishing. We allow sport fishing, crabbing, and clamming
from the shoreline of the refuge in designated areas of Tom's Cove,
Swan's Cove, and the Atlantic Ocean in accordance with State
regulations and subject to the following conditions:
1. You may not wade or launch a vessel in any water management
areas.
2. You must attend minnow traps, crab traps, crab pots, and
handlines at all times.
3. We prohibit the use of seine nets and pneumatic (compressed air
or otherwise) bait launchers.
4. The State regulates certain species of finfish, shellfish, and
crustacean (crab) using size or possession limits. You may not alter
these species, to include cleaning or filleting, in such a way that we
cannot determine its species or total length.
5. In order to fish after the refuge closes, anglers must obtain an
overnight fishing pass (name/address/phone) issued by the National Park
Service. Anglers can obtain a pass in person at the National Park
Service Tom's Cove Visitor Center.
6. We allow only three surf fishing poles per licensed angler, and
those poles must be attended at all times. This includes persons age 65
or older who are license-exempt in Virginia.
Eastern Shore of Virginia National Wildlife Refuge
* * * * *
C. * * *
3. We allow holders of a refuge big game hunt permit (signed
brochure) to access areas of the refuge typically closed to the non-
hunting public. All occupants of a vehicle or hunt party must possess a
refuge hunt permit and be actively engaged in hunting. We allow an
exception to exist for those persons aiding a disabled person who
possesses a valid State-issued Commonwealth of Virginia Disabled
Resident Lifetime License or Commonwealth of Virginia Resident Disabled
Veteran's Lifetime License.
* * * * *
5. We allow the use of portable tree stands, but stands must be
removed daily.
* * * * *
8. We only allow shotguns loaded with buckshot during the firearm
season.
* * * * *
Wallops Island National Wildlife Refuge
* * * * *
C. Big Game Hunting. We allow hunting of white-tailed deer in
designated areas of the refuge in accordance with State regulations and
subject to the following conditions:
1. You must obtain a refuge hunt permit (Big/Upland Game Hunt
Application, FWS Form 3-2356) and carry it on your person while
hunting.
2. You must sign in at the hunter registration station prior to
entering your hunt zone and sign out upon exiting your hunt zone. All
hunters must sign out no later than 2 hours after the end of legal
shooting hours.
3. You must report all harvested animals on the sign-out sheet at
the hunter registration station when signing out.
4. We allow the use of portable tree stands. You must remove stands
by the end of the hunt season (see Sec. 27.93 of this chapter).
5. We prohibit dogs.
6. You must park your vehicle in designated areas.
7. We prohibit deer drives. We define a ``drive'' as four or more
persons involved in the act of chasing, pursuing, disturbing, or
otherwise directing deer so as to make the animal more susceptible to
harvest.
* * * * *
0
21. Amend Sec. 32.69 by:
0
a. Under the entry Fox River National Wildlife Refuge:
0
i. Removing paragraph C.2;
0
ii. Redesignating paragraphs C.3 through C.5 as C.2 through C.4,
respectively; and
0
iii. Revising newly redesignated paragraph C.3;
0
b. Revising paragraphs A, B, and C under the entry Horicon National
Wildlife Refuge; and
0
c. Revising paragraph D under the entry Leopold Wetland Management
District.
The revisions read as follows:
Sec. 32.69 Wisconsin.
* * * * *
Fox River National Wildlife Refuge
* * * * *
C. * * *
[[Page 37417]]
3. You may enter the refuge no earlier than 1 hour before legal
shooting hours and must exit the refuge no later than 1 hour after
legal shooting hours end.
* * * * *
Horicon National Wildlife Refuge
A. Migratory Game Bird Hunting. We allow hunting of goose, duck,
and coot on designated areas of the refuge in accordance with State
regulations and subject to the following condition: We allow only
participants in the Learn to Hunt and other special programs to hunt.
B. Upland Game Hunting. We allow hunting of wild turkey, ring-
necked pheasant, gray partridge, squirrel, and cottontail rabbit on
designated areas of the refuge in accordance with State regulations
during the State seasons and subject to the following conditions:
1. For hunting, you may possess only approved nontoxic shot shells
while in the field, including shot shells used for hunting wild turkey
(see Sec. 32.2(k) of this chapter).
2. We prohibit field possession of upland game species in areas
closed to upland game hunting.
3. We prohibit engaging in hunting in areas closed to upland game
hunting.
C. Big Game Hunting. We allow hunting of white-tailed deer in
designated areas of the refuge in accordance with State regulations and
subject to the following conditions:
1. We prohibit the construction or use of permanent blinds,
platforms, or ladders.
2. You must remove all stands and personal property from the refuge
following each day's hunt. We prohibit hunting from any stand left up
overnight (see Sec. Sec. 27.93 and 27.94 of this chapter).
3. You must possess a refuge permit (Big/Upland Game Hunt
Application, FWS Form 3-2356) to hunt in Area E (surrounding the
office/visitor center).
4. You may only hunt in Area D (auto tour/hiking trail) during the
State 9-day gun season and December antlerless-only hunts. The refuge
will post these dates annually.
5. You may enter the refuge no earlier than 1 hour before legal
shooting hours and must exit the refuge no later than 1 hour after
legal shooting hours.
6. Any ground blind used during any gun deer season must display at
least 144 square inches (929 square centimeters) of solid-blaze-orange
material visible from all directions.
7. We prohibit the field possession of white-tailed deer in areas
closed to white-tailed deer hunting.
8. We prohibit engaging in hunting in areas closed to white-tailed
deer hunting.
* * * * *
Leopold Wetland Management District
* * * * *
D. Sport Fishing. We allow sport fishing on Waterfowl Production
Areas throughout the District in accordance with State regulations and
subject to the following condition: We prohibit the use of motorized
boats.
* * * * *
Dated: July 13, 2017.
Virginia Johnson,
Acting Assistant Secretary, Fish and Wildlife and Parks.
[FR Doc. 2017-16374 Filed 8-9-17; 8:45 am]
BILLING CODE 4333-15-P