98-23564. 1998-99 Refuge-Specific Hunting and Sport Fishing Regulations

[Federal Register Volume 63, Number 171 (Thursday, September 3, 1998)]
[Rules and Regulations]
[Pages 46910-46923]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-23564]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 32

RIN 1018-AE68


1998-99 Refuge-Specific Hunting and Sport Fishing Regulations

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Final rule.

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SUMMARY: The Fish and Wildlife Service (Service or We) adds additional 
national wildlife refuges (refuges) to the list of areas open for 
hunting and/or sport fishing, along with pertinent refuge-specific 
regulations for such activities; and amends certain regulations on 
other refuges that pertain to migratory game bird hunting, upland game 
hunting, big game hunting and sport fishing for the 1998-99 season.

DATES: This rule is effective September 3, 1998.

FOR FURTHER INFORMATION CONTACT: Stephen R. Vehrs; Telephone (703) 358-
2397; Fax [phone].

SUPPLEMENTARY INFORMATION: National wildlife refuges generally are 
closed to hunting and sport fishing until opened by rulemaking. The 
Secretary of the Interior (Secretary) may open refuge areas to hunting 
and/or fishing upon a determination that such uses are compatible. The 
action also must be in accordance with provisions of all laws 
applicable to the areas, must be consistent with the principles of 
sound fish and wildlife management and administration, and otherwise 
must be in the public interest. Management is intended to ensure that 
the biological integrity, diversity, and environmental health of the 
National Wildlife Refuge System (System) are maintained for the benefit 
of present and future generations of Americans.
    We review refuge hunting and fishing programs annually to determine 
whether to add additional refuges or whether individual refuge 
regulations governing existing programs need modification, deletion or 
additions made to them. Changing environmental conditions, State and 
Federal regulations, and other factors affecting wildlife populations 
and habitat may warrant modifications ensuring continued compatibility 
of hunting and fishing programs and that these programs will not 
materially interfere with or detract from the fulfillment of the 
mission of the System or the purposes of the refuge.
    50 CFR part 32 contains provisions governing hunting and fishing on 
national wildlife refuges. Hunting and fishing are regulated on refuges 
to:
     Ensure compatibility;
     Properly manage the fish and wildlife resource;
     Protect other refuge values; and
     Ensure refuge user safety.
    On many refuges, the Service policy of adopting regulations 
identical to State hunting and fishing regulations is adequate in 
meeting these objectives. On other refuges, it is necessary to 
supplement State regulations with more restrictive Federal regulations 
to ensure that we meet our management responsibilities, as outlined 
under the section entitled ``Statutory Authority.'' We issue refuge-
specific hunting and fishing regulations when a wildlife refuge is 
opened to either migratory game bird hunting, upland game hunting, big 
game hunting or sport fishing. These regulations list the wildlife 
species that may be hunted or are subject to sport fishing, seasons, 
bag limits, methods of hunting or fishing, descriptions of open areas, 
and other provisions as appropriate. 50 CFR part 32 contains previously 
issued refuge-specific regulations for hunting and fishing. We 
promulgate many of the amendments to these sections to standardize and 
clarify the existing language of these regulations.
    Specifically part 32 prohibits the use or possession of toxic 
shotgun pellets by upland game hunters on Waterfowl Production Areas 
(WPAs) and certain other areas (refuges, or areas within refuges) of 
the System to the extent needed to protect against significant exposure 
to migratory birds as delineated on maps, leaflets and/or signs, 
available at each refuge headquarters or posted at each refuge, or as 
stated in refuge specific regulations. This regulation does not apply 
to turkey and deer hunters using buckshot or slugs, except as 
specifically authorized by refuge specific regulations.
    The only shot allowed in such areas of the System is specifically 
identified in 50 CFR 20.21(j). The currently approved shot types listed 
in that regulation are: steel, bizmuth-tin and tungsten-iron. Refuge 
waterfowl and other migratory birds ingest toxic lead by-products of 
refuge public hunting programs through their feeding habits and die 
from lead poisoning. We permit hunting programs on many areas of the 
System in accordance with existing management plans, policy, procedures 
and regulations.

Response to Comments Received

    In the July 27, 1998, issue of the Federal Register (63 FR 40080-
40091) we published a proposed rulemaking identifying the refuges, 
their proposed hunting and/or fishing programs and invited public 
comments. All substantive comments were reviewed and considered 
following a 30-day public comment period.
    One State conservation agency, four non-government organizations, 
and 7 individuals commented on the proposed rulemaking. Nearly all 
comments were concerning the length of the comment period provided, the 
basic proposal to hunt, or not hunt and the requirement to use or 
expand the use of nontoxic shot on refuges and WPAs. This specific 
proposal would authorize certain refuge hunting programs and prohibit 
the use or possession of toxic shotgun pellets by upland game hunters 
onto (WPAs) and certain other areas (refuges, or areas within refuges) 
within the System to the extent needed to protect against significant 
exposure to migratory birds as delineated on maps, leaflets and/or 
signs, available at each refuge headquarters or posted at each refuge, 
or as stated in refuge specific regulations. Refuge managers have the 
responsibility to determine, on a case by case basis, how much of a 
refuge acreage would require nontoxic shot based on wetland habitats.
    Comment: The public has not been afforded a meaningful opportunity 
to comment on the proposal.
    Response: A 30-day public comment period was afforded the public to 
comment on the proposed rule. News articles concerning proposed 
regulations that address the adverse affects of hunting upland and 
other small game with toxic lead shot in upland areas subject to 
periodic flooding and seasonal wetland areas have been published in 
newspapers during the last 6 years. Nontoxic shot for hunting upland 
and small game was first introduced to west coast refuges in the 1991-
92 hunting season, and to southwestern refuges during the 1992-93 
hunting season. Refuges in Alaska and waterfowl production areas in the 
lower 48 states are scheduled to phase in nontoxic shot to hunt certain 
upland and other small game by the 1997-98 and 1998-99 seasons 
respectively.
    Specifically, in the August 16, 1995, issue of the Federal 
Register, (60 FR 42667-42677), and again in the December 4, 1995, issue 
of the Federal Register (60 FR 62035-62049), the

[[Page 46911]]

Service proposed and issued final regulations adopting requirements to 
use nontoxic shot to hunt wildlife species other than waterfowl and 
coots on certain refuges beginning with the 1996-97 hunting season, 
however, voluntary compliance was requested prior to that time. After 
evaluating those comments received, the Service decided to delay 
implementation until the 1997-98 season for Alaska, to allow 
coordination with the State and the outlying villages. Delays were also 
provided for the waterfowl production areas principally in the Dakotas, 
Minnesota, Montana, Wisconsin, and Iowa until the 1998-99 season, with 
voluntary compliance requested in the meantime.
    Comment: Objection to the proposal to open additional refuges to 
hunting.
    Response: The National Wildlife Refuge System Improvement Act 
(NWRSIA) of 1997's principal focus was to establish clearly a wildlife 
conservation mission for the System, provide managers clear direction 
and procedures for making determinations regarding wildlife 
conservation and public uses within areas of the System.
    When Congress passed the NWRSIA, they reaffirmed that the System 
was created to conserve fish, wildlife, and plants and their habitats 
and this conservation mission has been facilitated by providing 
Americans opportunities to participate in compatible wildlife-dependent 
recreation, including hunting on System areas.
    Comment: Commenters expressed the opinion that the Service did not 
adequately document the need for prohibiting the use or possession of 
toxic shotgun pellets by upland game hunters on WPAs and certain other 
areas (refuges, or areas within refuges) of the System to the extent 
needed to protect against significant exposure to migratory birds as 
delineated on maps, leaflets and/or signs, available at each refuge 
headquarters or posted at each refuge, or as stated in refuge specific 
regulations.
    Response: Lead shot from hunters' shotguns deposited onto open and 
ice-covered wetlands, seasonally flooded habitats, and upland habitats 
in close proximity to these wetlands is toxic to waterfowl and other 
migratory birds that directly ingest lead products during feeding, and 
secondarily toxic to predators and carrion feeders that consume these 
toxic wildlife carcasses. Information not adequately communicated to 
some hunters and habitat managers for their consideration is the effect 
of this deposition of toxic lead shot onto these marginal or fringe 
wetland areas by hunting activities other than waterfowl and coot 
hunting. Nationwide, efforts by the Service, State wildlife agencies, 
and several conservation organizations have been ongoing to educate the 
public and activate programs to reduce this threat to waterfowl, 
raptors and other susceptible wildlife species. Lead pellets ingested 
by waterfowl and secondarily by raptors, including eagles, results in 
the death of these animals due to toxic lead poisoning. Waterfowl may 
ingest lead shot pellets deposited during upland or small game hunting 
on dry areas that are subject to seasonal flooding, while feeding in 
these areas during high water periods and are vulnerable to lead 
poisoning. This rule will provide broad enforcement authority on 
refuges, reducing toxic shot enforcement problems in localized areas, 
thereby reducing the overall threat to wildlife.
    Comment: The Service failed to provide results of scientific 
nontoxic shot studies to the public. The comments indicated the 
public's support of biologically sound regulations, but opposed to 
regulations without justification;
    Response: Abundant scientific information on the ``Toxicity of Lead 
Shot to Wildlife'' is available and may be obtained by calling the U.S. 
Fish and Wildlife Reference Service (FWRS) at 1-800-582-3421 or by 
accessing the bibliographic databases, where users are referred to 779 
citations concerning lead shot poisoning in wildlife. The FWRS is the 
National lead shot/lead poisoning information clearinghouse. This 
information is provided directly on the INTERNET site at: http://
www.fws.gov/search/fwrefser.html
    Comment: All refuge lands should be off-limits to lead deposition 
because lead is a toxic environmental pollutant.
    Response: The use of lead shot on National Wildlife Refuges will 
continue to be monitored and its use will be prohibited in those 
habitats where scientific evidence shows it is detrimental to wildlife 
resource values.
    After evaluating the comments received, the Service has decided to 
implement the regulations as proposed.
    Sufficient funds will be available within the refuge budgets to 
operate these hunting and sport fishing programs.
    We determined that uses in this rule are compatible. We further 
determined that this action is:
     In accordance with the provisions of all applicable laws;
     Consistent with principles of sound fish and wildlife 
management and administration;
     Consistent with the principles of available science and 
resources;
     Helps implement Executive Orders 12996 (Management and 
Public Use of the National Wildlife Refuge System) and 12962 
(Recreational Fisheries); and
     Is otherwise in the public interest by providing 
additional recreational opportunities at national wildlife refuges.

Statutory Authority

    The National Wildlife Refuge System Administration Act (NWRSAA) of 
1966, (16 U.S.C. 668dd-668ee), and the Refuge Recreation Act (RRA) of 
1962 (16 U.S.C. 460k-460K-4), govern the administration and public use 
of national wildlife refuges.
    The National Wildlife Refuge System Improvement Act (NWRSIA) of 
1997 (Pub. L. 105-57) is the latest amendment to the NWRSAA. It amends 
and builds upon the NWRSAA in a manner that provides an improved 
``Organic Act'' for the Refuge System similar to those which exist for 
other public lands. It serves to ensure that the System is effectively 
managed as a national system of lands, waters and interests for the 
protection and conservation of our nation's wildlife resources. The 
NWRSAA states first and foremost that the mission of the System be 
focused on conservation of fish, wildlife, and plant resources and 
their habitat. This Act prevents the Secretary from initiating or 
permitting a new use of a refuge or expanding, renewing, or extending 
an existing use of a refuge, unless the Secretary has determined that 
the use is a compatible use and not inconsistent with public safety.
    The RRA, authorizes the Secretary to administer areas within the 
System for public recreation as an appropriate incidental or secondary 
use only to the extent that it is practicable and not inconsistent with 
the primary purpose(s) for which the areas were established. This Act 
requires that any recreational use of refuge lands be compatible with 
the primary purposes for which a refuge was established and not 
inconsistent with other previously-authorized operations.
    The NWRSAA, and RRA, also authorize the Secretary to issue 
regulations to carry out the purposes of the Acts and regulate uses.
    Hunting and sport fishing plans are developed for each existing 
refuge prior to opening it to hunting or fishing. In many cases, we 
develop refuge-specific regulations to ensure the compatibility of the 
programs with the purposes for which the refuge was established. 
Initial compliance with the NWRSAA and the RRA has been ensured for 
hunting and

[[Page 46912]]

sport fishing on newly acquired refuges through an interim 
determination of compatibility made at the time of acquisition. This 
ensures that the determinations required by these acts are made prior 
to adding refuges to the lists of areas open to hunting and fishing in 
50 CFR part 32. We ensure continued compliance by the development of 
long-term hunting and sport fishing plans and by annual review of 
hunting and sport fishing programs and regulations.
    In preparation for new openings, the following documents are 
included in the refuge's ``openings package'' for Regional review and 
approval from the Washington Office: an interim hunting and fishing 
management plan; a Section 7 determination pursuant to the Endangered 
Species Act, that these openings will have no effect, or are not likely 
to have an adverse effect, on listed species or critical habitats; a 
letter of concurrence from the affected State; interim compatibility 
determination; and refuge-specific regulations to administer the 
hunting and/or fishing programs. Upon review of these documents, the 
Service, acting for the Secretary, has determined that the opening of 
these National Wildlife Refuges to hunting and fishing is compatible 
with the principles of sound fish and wildlife management and 
administration and otherwise will be in the public interest.
    The following wildlife-dependent recreational activities are 
allowed:
    Hunting of migratory game birds, upland game and big game at Canaan 
Valley National Wildlife Refuge, West Virginia.
    Hunting of migratory game birds and upland game at Key Cave 
National Wildlife Refuge, Alabama.
    Hunting of migratory game birds and sport fishing at Trustom Pond 
National Wildlife Refuge, Rhode Island.
    Sport fishing at Breton National Wildlife Refuge, Louisiana; 
Amagansett, Oyster Bay, Seatuck and Target Rock National Wildlife 
Refuges, New York; Block Island, Ninigret, Pettaquamscutt Cove and 
Sachuest Point National Wildlife Refuges, Rhode Island; Dungeness and 
Nisqually National Wildlife Refuges, Washington; Guam, Kilauea Point 
and Midway Atoll National Wildlife Refuges, Pacific Islands Territory. 
The remaining regulations represent revisions to existing refuge 
specific regulations.
    In accordance with the NWRSAA and the RRA, we have determined that 
these openings are compatible and consistent with the primary purposes 
for which these refuges were established.

Need for This Regulation

    The Service adds additional refuges to the list of areas open for 
hunting and/or sport fishing, along with pertinent refuge-specific 
regulations for such activities; and amends certain regulations on 
other refuges that pertain to migratory game bird hunting, upland game 
hunting, big game hunting and sport fishing for the 1998-99 season. On 
many refuges, our policy of adopting regulations identical to State 
regulations is adequate in meeting National Wildlife Refuge System 
objectives. On other refuges, it is necessary to supplement State 
regulations with more restrictive Federal regulations to ensure that we 
meet our management responsibilities, as outlined under the section 
entitled ``Statutory Authority'' in the rule. We issue refuge-specific 
regulations when opening a national wildlife refuge or modifying the 
various uses of a refuge, and for all hunting or sport fishing. These 
regulations list the prohibited uses, limited uses, and those 
activities that are available without restriction. They also list those 
wildlife species that may be hunted or fished for along with the 
respective, seasons, bag limits, methods of hunting or fishing, 
descriptions of open areas, and other provisions as appropriate. Many 
of the amendments are promulgated here to provide greater restriction 
and clarify the existing regulation language, which should result in 
less violations of refuge regulations.

Why Alternative Approaches Are Not Feasible

    Refuge officers process violations notices through the Federal 
District Court's Violation Notice procedures. U.S. Magistrates have 
required refuge regulations to be printed in the Code of Federal 
Regulations before they will accept refuge violations into their 
courts. Federal recreation regulations are not prosecuted in the State 
courts, and voluntary compliance of regulations has not been 
successful.

Authority Under Which This Rule Will Be Published

    The National Wildlife Refuge System Administration Act of 1966, (16 
U.S.C. Sec. 668dd (b)(5) and (d)(1)).

Regulatory Planning and Review

    In accordance with the criteria in Executive Order 12866, this rule 
is not a significant regulatory action.
    a. This rule will not have an annual economic effect of $100 
million or adversely affect an economic sector, productivity, jobs, the 
environment, or other units of government. A cost-benefit and economic 
analysis is not required. This rule is administrative, legal, 
technical, and procedural in nature and makes only minor modifications 
to existing refuge public use programs. The regulations do not 
liberalize refuge regulations, but clarifies what a refuge visitor may 
or may not do on a refuge.
    b. This rule will not create inconsistencies with other agencies' 
actions. Recreational use on National Wildlife Refuges is coordinated 
with State governments as well as other Federal agencies having 
adjoining or over-lapping jurisdiction before the regulations are 
proposed. The regulation is consistent with, and not less restrictive 
than, other agencies' rules.
    c. This rule will not materially affect entitlements, grants, user 
fees, loan programs, or the rights and obligations of their recipients. 
The provisions of this rule only apply to persons involved in wildlife-
dependent public use including regulated hunting and sport fishing on 
National Wildlife Refuges, which is a privilege and not a right. User 
fees will not change as a result of this rule.
    d. This rule will not raise novel legal or policy issues. The 
Solicitor's office has reviewed and approved the contents of this rule.

Regulatory Flexibility Act

    The Department of the Interior certifies that this rule will not 
have a significant economic effect on a substantial number of small 
entities such as businesses, organizations and governmental 
jurisdictions in the area as defined under the Regulatory Flexibility 
Act (5 USC 601 et seq.). A final Regulatory Flexibility Analysis is not 
attached, and a Small Entity Compliance Guide is not required.
    This rulemaking will not have a significant economic impact on a 
substantial number of small entities. The National Wildlife Refuge 
System was created to conserve fish, wildlife, and plants and their 
habitats. This conservation mission has been facilitated by providing 
Americans opportunities to visit and participate in compatible 
wildlife-dependent recreation, including fishing, hunting, wildlife 
observation and photography, and environmental education and 
interpretation as priority public uses on National Wildlife Refuges and 
to better appreciate the value of, and need for, fish and wildlife 
conservation.
    This rule is administrative, legal, technical and procedural in 
nature and provides for minor changes to the methods of hunting and 
fishing permitted within the National Wildlife Refuge System, but does 
not stop the

[[Page 46913]]

overall use permitted. This rule will not change the number of visitors 
using refuges, nor the amount of revenue spent in the area of refuges 
during these visits. This rulemaking will have no impact on local 
economies by increasing or decreasing visitation and expenditures in 
the surrounding area of national wildlife refuges because this rule 
does not restrict visitors from utilizing refuges, but rather modifies 
their behavior while they are on refuges.
    Refuge visitors will continue to contribute to the local economies 
at the same rate for food and lodging, transportation, fishing and 
hunting licenses, binoculars, spotting scopes, outdoor magazines, 
sportsman's club membership dues, contributions, land leasing and 
ownership, hunting and fishing stamps, tags, permits, arms, ammunition 
and fishing tackle.
    Economic impacts of refuge fishing and hunting programs on local 
communities are calculated from average expenditures in the ``1996 
National Survey of Fishing, Hunting, and Wildlife-Associated 
Recreation'' and ``Banking on Nature: The Economic Benefits to Local 
Communities of National Wildlife Refuge Visitation.''
    In 1996, 77 million U.S. residents, about 40 percent of the 
population 16 years old and older, participated in wildlife-associated 
recreation activities expending $101 billion in the United States. Of 
this group, 35.2 million enjoyed a variety of fishing opportunities and 
14 million hunted, while 62.9 million enjoyed at least one type of 
wildlife-watching recreation activity including observing, feeding or 
photographing fish and other wildlife, in the United States.
    Recreational visits to national wildlife refuges generates 
substantial economic activity. In fiscal year 1996, people visited 
refuges more than 29.6 million times for recreation and environmental 
education. Their spending generated $401.1 million of sales in regional 
economies. As this spending flowed through the economy, it generated 
more than 10,000 employed people and $162.9 million in employment 
income. This spending should continue at a proportionate rate into the 
future.
    At these 71 National Wildlife Refuges included in this regulation, 
701,000 fishermen are estimated to spend $28.7 million annually in 
pursuit of their sport, while approximately 343,000 hunters will spend 
$11.3 million annually hunting on the refuges. While many of these 
fishermen and hunters already make such expenditures prior to the 
refuge opening, some of these additional expenditures directly are due 
to the land now being open to the general public.

Small Business Regulatory Enforcement Fairness Act

    This rule is not a major rule under 5 U.S.C. 804(2), the Small 
Business Regulatory Enforcement Fairness Act. This rule:
    a. Does not have an annual effect on the economy of $100 million or 
more. These regulations will affect only visitors at National Wildlife 
Refuges. It will not cause any changes in the number of visitors using 
the refuge, but only limit what they can do while they are on a refuge. 
Refer to response under Regulatory Flexibility Act.
    b. Will not cause a major increase in costs or prices for 
consumers, individual industries, Federal, State, or local government 
agencies, or geographic regions. These regulations will affect only 
visitors at National Wildlife Refuges. It will not cause any changes in 
the number of visitors using the refuge, but only limit what they can 
do while they are on a refuge. Refer to response under Regulatory 
Flexibility Act.
    c. Does 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. These 
regulations will affect only visitors at National Wildlife Refuges. It 
will not cause any changes in the number of visitors using the refuge, 
but only limit what they can do while they are on a refuge. Refer to 
response under Regulatory Flexibility Act.

Unfunded Mandates Reform Act

    In accordance with the Unfunded Mandates Reform Act (2 U.S.C. 1501, 
et seq.):
    a. This rule will not ``significantly or uniquely'' affect small 
governments. A Small Government Agency Plan is not required.
    b. This rule will not produce a Federal mandate of $100 million or 
greater in any year, i.e., it is not a ``significant regulatory 
action'' under the Unfunded Mandates Reform Act.

Takings

    In accordance with Executive Order 12630, the rule does not have 
significant takings implications. We have determined that the rule has 
no potential takings of private property implications A takings 
implication assessment is not required. These regulations will affect 
only visitors at National Wildlife Refuges. It will not cause any 
changes in the number of visitors using the refuge, but only limit what 
they can do while they are on a refuge. Refer to response under 
Regulatory Flexibility Act.

Federalism

    In accordance with Executive Order 12612, the rule does not have 
significant Federalism effects. A Federalism assessment is not 
required. This rule will not have substantial direct effects on the 
States, in their relationship between the Federal Government and the 
States, or on the distribution of power and responsibilities among the 
various levels of government. Therefore, in accordance with Executive 
Order 12612, we have determined that this rule does not have sufficient 
Federalism implications to warrant the preparation of a Federalism 
Assessment.

Civil Justice Reform

    In accordance with Executive Order 12988, the Office of the 
Solicitor has determined that the rule does not unduly burden the 
judicial system and meets the requirements of sections 3(a) and 3(b)(2) 
of the Order. The regulation will clarify established regulations, and 
result in better understanding of the regulations by refuge visitors. 
They will be enforced through the use of U.S. District Court Violation 
Notice procedures. A refuge regulation violator can plead guilty and 
forfeit a set amount of fine established at the time of the violation 
by the refuge officer. This is completed through the mail without a 
court appearance. A violator can also plead not guilty on the notice 
and the Magistrates Court will set an appearance date and time and 
notify both the violator and officer to appear in Magistrates Court for 
a hearing and/or trial,in accordance with U.S. District Court Rules of 
Procedure.

Paperwork Reduction Act (44 U.S.C. 3501 et seq., 5 CFR 1320, Pub. 
L. 04-13)

    This regulation does not contain any information collection that 
requires Office of Management and Budget approval under the Paperwork 
Reduction Act 44 U.S.C. 3501 et. seq.

Government-to-Government Relationship With Tribes

    In accordance with the President's memorandum of April 29, 1994, 
``Government-to-Government Relations with Native American Tribal 
Governments'' (59 FR 22951) and 512 DM 2, we have evaluated possible 
effects on Federally recognized Indian tribes and have determined that 
there are no effects.

[[Page 46914]]

Section 7 consultation (16 U.S.C. 1531 et seq., 50 CFR 402)

    In preparation for new openings, Section 7 consultation documents 
are included in the refuge's ``openings package'' for Regional review 
and approval from the Washington Office. We reviewed the changes in 
hunting and fishing herein with regard to Section 7 of the Endangered 
Species Act of 1973 (16 U.S.C. 1531-1543) and find the action is not 
likely to jeopardize the continued existence of any endangered species 
or threatened species or result in the destruction or adverse 
modification of habitat of such species within the System since the 
rule is primarily administrative, legal, technical or procedural in 
nature and/or makes minor modifications to existing public use 
programs. We comply with Section 7 of the Endangered Species Act of 
1973 (16 U.S.C. 1531-1543) when developing comprehensive conservation 
plans, refuge public use management plans, and prior to implementing 
any new or revised public recreation program on a refuge as identified 
in 50 CFR 26.32. Determinations required by the Endangered Species Act 
are also made on a case-by-case basis before the addition of a refuge 
to the lists of areas open to hunting or fishing as contained in 50 CFR 
32.7.

National Environmental Policy Act

    We analyzed this rule in accordance with the criteria of the 
National Environmental Policy Act and 318 DM 2.2(g) and 6.3(D). This 
rule does not constitute a major Federal action significantly affecting 
the quality of the human environment. An environmental impact 
statement/assessment is not required. We ensure compliance when hunting 
and sport fishing plans are developed, and the determinations required 
by NEPA are made prior to the addition of refuges to the lists of areas 
open to hunting and fishing in 50 CFR part 32. In compliance with the 
requirements of section 102(2)(C) of the National Environmental Policy 
Act of 1969 (42 U.S.C. 4332(C)), and the Council on Environmental 
Quality's regulation for implementing NEPA (40 CFR 1500-1508), we have 
prepared several environmental analyses of lead shot vs. non-toxic shot 
as it relates to waterfowl and other wildlife with the latest being an 
Environmental Assessment (EA) in May, 1998. The amendment of refuge-
specific hunting and fishing regulations are subject to a categorical 
exclusion from the NEPA process if they do not significantly alter the 
existing use of a particular national wildlife refuge. The Service 
exclusion found at 516 DM 6, App. 1.4 B(7) is employed here as these 
amendments are considered ``[m]inor changes in the amounts or types of 
public use on Service or State-managed lands, in accordance with 
regulations, management plans, and procedures.'' These refuge-specific 
hunting and fishing regulations simply qualify or otherwise define a 
hunting or fishing activity, for purposes of resource management. These 
documents are on file in the offices of the Service and may be viewed 
by contacting the primary author noted below.

Available Information for Specific Refuges

    Individual refuge headquarters retain information regarding public 
use programs and the conditions that apply to their specific programs, 
and maps of their respective areas. You may also obtain information 
from the regional offices at the addresses listed below:
    Region 1--California, Hawaii, Idaho, Nevada, Oregon, and 
Washington. Assistant Regional Director--Refuges and Wildlife, U.S. 
Fish and Wildlife Service, Eastside Federal Complex, Suite 1692, 911 
N.E. 11th Avenue, Portland, Oregon 97232-4181; Telephone (503) 231-
6214.
    Region 2--Arizona, New Mexico, Oklahoma and Texas. Assistant 
Regional Director--Refuges and Wildlife U.S. Fish and Wildlife Service, 
Box 1306, Albuquerque, New Mexico 87103; Telephone [phone].
    Region 3--Illinois, Indiana, Iowa, Michigan, Minnesota, Missouri, 
Ohio and Wisconsin. Assistant Regional Director--Refuges and Wildlife, 
U.S. Fish and Wildlife Service, Federal Building, Fort Snelling, Twin 
Cities, Minnesota 55111; Telephone [phone].
    Region 4--Alabama, Arkansas, Florida, Georgia, Kentucky, Louisiana, 
Mississippi, North Carolina, Tennessee, South Carolina, Puerto Rico and 
the Virgin Islands. Assistant Regional Director--Refuges and Wildlife, 
U.S. Fish and Wildlife Service, 1875 Century Boulevard, Room 324, 
Atlanta, Georgia 30345; Telephone [phone].
    Region 5--Connecticut, Delaware, District of Columbia, Maine, 
Maryland, Massachusetts, New Hampshire, New Jersey, New York, 
Pennsylvania, Rhode Island, Vermont, Virginia and West Virginia. 
Assistant Regional Director--Refuges and Wildlife, U.S. Fish and 
Wildlife Service, 300 Westgate Center Drive, Hadley, Massachusetts 
01035-9589; Telephone [phone].
    Region 6--Colorado, Kansas, Montana, Nebraska, North Dakota, South 
Dakota, Utah and Wyoming. Assistant Regional Director--Refuges and 
Wildlife, U.S. Fish and Wildlife Service, Box 25486, Denver Federal 
Center, Denver, Colorado 80225; Telephone [phone].
    Region 7--Alaska. Assistant Regional Director--Refuges and 
Wildlife, U.S. Fish and Wildlife Service, 1011 E. Tudor Rd., Anchorage, 
Alaska 99503; Telephone [phone].
    Primary Author: Stephen R. Vehrs, Refuge Program Specialist, 
Division of Refuges, U.S. Fish and Wildlife Service, Washington, DC 
20240, is the primary author of this rulemaking document.

List of Subjects in 50 CFR Part 32

    Fishing, Hunting, Reporting and recordkeeping requirements, 
Wildlife, Wildlife refuges.
    For the reasons set forth in the preamble, the Service amends Title 
50, Chapter I, subchapter C of the Code of Federal Regulations as 
follows:

PART 32--[AMENDED]

    1. The authority citation for part 32 continues to read as follows:

    Authority: 5 U.S.C. 301; 16 U.S.C. 460k, 664, 668dd-668ee, and 
715i.

    2. Section 32.2 is amended by revising the heading, the 
introductory text, and by adding paragraph (k) to read as follows:


Sec. 32.2  General provisions regarding hunting on areas of the 
National Wildlife Refuge System.

    The following provisions shall apply to each person while engaged 
in public hunting on areas of the National Wildlife Refuge System:
* * * * *
    (k) Persons may only use or possess nontoxic shot identified in 50 
CFR 20.21(j) while hunting with shotguns or muzzleloaders on Waterfowl 
Production Areas, or on certain other areas of the National Wildlife 
Refuge System to the extent needed to protect against significant 
exposure to migratory birds as delineated on maps, leaflets and/or 
signs, available at each refuge headquarters or posted at each refuge, 
or as stated in refuge specific regulations. This regulation does not 
apply to turkey and deer hunters using buckshot or slugs, except as 
specifically authorized by refuge specific regulations.


Sec. 32.7  [Amended]

    3. Section 32.7 is amended by alphabetically adding the listing 
``Key Cave National Wildlife Refuge'' to the State of Alabama; by 
alphabetically adding the listing ``Breton National Wildlife Refuge'' 
to the State of Louisiana; by removing the alphabetical

[[Page 46915]]

listing of ``Pond Island National Wildlife Refuge'' from the State of 
Maine; by alphabetically adding the listings ``Amagansett National 
Wildlife Refuge,'' ``Oyster Bay National Wildlife Refuge,'' ``Seatuck 
National Wildlife Refuge,'' and ``Target Rock National Wildlife 
Refuge'' to the State of New York; by revising the listing of ``Tinicum 
National Environmental Center to read ``John Heinz National Wildlife 
Refuge at Tinicum'' in the State of Pennsylvania; by alphabetically 
adding the listings ``Block Island National Wildlife Refuge,'' 
``Ninigret National Wildlife Refuge,'' ``Pettaquamscutt Cove National 
Wildlife Refuge,'' ``Sachuest Point National Wildlife Refuge,'' and 
``Trustom Pond National Wildlife Refuge'' to the State of Rhode Island; 
by alphabetically adding the listings ``Dungeness National Wildlife 
Refuge'' and ``Nisqually National Wildlife Refuge'' to the State of 
Washington; by alphabetically adding the listing ``Canaan Valley 
National Wildlife Refuge'' to the State of West Virginia; by 
alphabetically adding the listings ``Guam National Wildlife Refuge'' 
and ``Midway Atoll National Wildlife Refuge'' to the Pacific Islands 
Territory.
    4. Section 32.20 Alabama is amended by revising paragraphs D.1., 
D.2. and adding paragraph D.4. of Eufaula National Wildlife Refuge; and 
adding the alphabetical listing of Key Cave National Wildlife Refuge to 
read as follows:


Sec. 32.20  Alabama.

* * * * *

Eufaula National Wildlife Refuge

* * * * *
    D. Sport Fishing. * * *
    1. Fishermen may fish, including bowfishing, only during daylight 
hours in refuge impoundments and waters other than the Walter F. George 
Reservoir.
    2. Fishermen may not frog or trap turtles in impounded waters not 
contiguous with the Walter F. George Reservoir.
* * * * *
    4. Reciprocal license agreements between Alabama and Georgia only 
apply to waters contiguous with the Walter F. George Reservoir. Anglers 
fishing in refuge impoundments must possess a license for the state in 
which they are fishing.

Key Cave National Wildlife Refuge

    A. Hunting of Migratory Game Birds. Hunters may hunt mourning doves 
on designated portions of the refuge subject to the following 
condition: Refuge permits required.
    B. Upland Game Hunting. Hunters may hunt only quail, squirrel, 
rabbits, raccoons, and opossum on designated portions of the refuge 
subject to the following condition: Refuge permits required.
    C. Big Game Hunting. [Reserved]
    D. Sport Fishing. [Reserved]
* * * * *
    5. Section 32.24 California is amended by revising paragraph C.1. 
of Clear Lake National Wildlife Refuge to read as follows:


Sec. 32.24  California.

* * * * *

Clear Lake National Wildlife Refuge

* * * * *
    C. Big Game Hunting. * * *
    1. Hunters may hunt only in the unit for nine (9) consecutive days 
beginning on the first Saturday following the third Wednesday in 
August.
* * * * *
    6. Section 32.28 Florida is amended by revising paragraph D.3. of 
Lower Suwannee National Wildlife Refuge; by revising paragraph B. and 
paragraph D. of St. Marks National Wildlife Refuge; and by revising 
paragraph D. of Ten Thousand Islands National Wildlife Refuge to read 
as follows:


Sec. 32.28  Florida.

* * * * *

Lower Suwannee National Wildlife Refuge

* * * * *
    D. Sport Fishing. * * *
* * * * *
    3. Boats may not be left on the refuge overnight.
* * * * *

St. Marks National Wildlife Refuge

* * * * *
    B. Upland Game Hunting. Hunters may hunt squirrel, rabbit, and 
raccoon on designated areas of the refuge subject to the following 
condition: Permits required.
* * * * *
    D. Sport Fishing. Anglers may fish and crab on designated areas of 
the refuge subject to the following conditions:
    1. Anglers may fish and crab only from sunrise to sunset.
    2. Anglers may only use boats with motors of 10 horsepower or less 
in refuge pools and lakes.
    3. Anglers may only use boats with or without motors on the St. 
Marks Unit pools from March 15 through October 15 annually.
    4. Anglers may take only fish species, and fish limits authorized 
by State regulations.
    5. Anglers may not take frogs or turtles.
    6. Anglers may fish and boat in Panacea Unit ponds year round. 
Anglers may access Panacea Unit ponds in a vehicle only from March 15 
through May 15 annually. Anglers may fish and boat in Otter Lake year 
round.
    7. Anglers may not launch commercial boats at the saltwater boat 
ramp on Co. Rd. 59 (Lighthouse Rd.).
    8. Anglers may only take bait fish and non-game fish by hook and 
line in refuge ponds, lakes, and impoundments.
    9. Anglers may not use crab traps in refuge pools and impoundments 
on the St. Marks Unit.
* * * * *

Ten Thousand Islands National Wildlife Refuge

* * * * *
    D. Sport Fishing. Anglers may fish only in designated portions of 
the refuge subject to the following conditions:
    1. Anglers may not use airboats, hovercraft, off road vehicles, or 
personal water craft in freshwater and brackish water wetlands and 
water bodies.
    2. Anglers may fish in freshwater and brackish water creeks and 
ponds year round from sunrise to sunset. Anglers may enter these areas 
only from sunrise to sunset.
    3. Anglers may fish in tidal waters year round and 24 hours a day.
    4. Anglers may not fish with trotlines, gigs, spears, bush hooks, 
snatch hooks, crossbows or bows and arrows of any type.
    5. Anglers may enter the refuge to crab in freshwater and brackish 
water areas only from sunrise to sunset. Recreational anglers may use 
crab pots only in accordance with State regulations, except that crab 
pots abandoned or not checked after 72 hours are subject to 
impoundment.
* * * * *
    7. Section 32.29 Georgia is amended by revising paragraph D.5. of 
Blackbeard Island National Wildlife Refuge; by revising paragraphs D.1. 
and D.3. of Harris Neck National Wildlife Refuge; by revising 
paragraphs D.1., D.2., D.4. and adding paragraph D.6. of Savannah 
National Wildlife Refuge; by revising the introductory text of 
paragraph D and revising paragraph D.1., and by removing paragraph D.3. 
of Wolf Island National Wildlife Refuge to read as follows:


Sec. 32.29  Georgia.

* * * * *

[[Page 46916]]

Blackbeard Island National Wildlife Refuge

* * * * *
    D. Sport Fishing. * * *
* * * * *
    5. Anglers may bank fish into estuarine waters daily from sunrise 
to sunset only.
* * * * *

Harris Neck National Wildlife Refuge

* * * * *
    D. Sport Fishing. * * *
    1. Anglers may fish in estuarine waters year round from sunrise to 
sunset daily.
* * * * *
    3. Anglers may use the Barbour River public boat ramp as public 
access year-round from 4:00 a.m. to 12:00 p.m. (midnight), daily. 
However, anglers may not use the Barbour River public boat ramp as 
access from 12:01 a.m. to 3:59 a.m. daily.
* * * * *

Savannah National Wildlife Refuge

* * * * *
    D. Sport Fishing. * * *
    1. Anglers may fish in refuge impoundments and canals from March 1 
through November 30 annually.
    2. Anglers may fish in Kingfisher Pond year round.
* * * * *
    4. Anglers may bank fish year round in the canals adjacent to the 
wildlife drive.
* * * * *
    6. Anglers may only use non-motorized boats and boats with electric 
motors within impounded waters.
* * * * *

Wolf Island National Wildlife Refuge

* * * * *
    D. Sport Fishing. Anglers may fish in designated areas of the 
refuge subject to the following condition:
    1. Anglers may fish year round.
* * * * *
    8. Section 32.32 Illinois is amended by revising paragraphs A.1., 
A.2., A.3. and B.3. of Cypress Creek National Wildlife Refuge to read 
as follows:


Sec. 32.32  Illinois.

* * * * *

Cypress Creek National Wildlife Refuge

    A. Hunting of Migratory Game Birds. * * *
    1. Hunters may dove hunt on sunflower fields only on Mondays, 
Wednesdays, and Saturdays starting September 1. Hunters may hunt only 
from noon to 5 pm. Hunters must sign in and out and report daily 
harvest at registration box. All hunting must be from field borders 
only. Hunters may not hunt or shoot from the interior of sunflower 
fields or within 100 yards of roadways. Hunters may not carry or use 
guns while retrieving downed doves from field interiors.
    2. On the Bellrose Waterfowl Reserve--Hunters may not hunt ducks. 
Hunters may hunt only geese following the closure of the state duck 
season. Hunters may hunt only on Tuesdays, Thursdays, and Sundays. 
Hunters may hunt only from sunrise to 1 pm. All hunters must remove 
blinds and decoys, and be off the unit by 2 pm daily. Hunters may not 
enter the area prior to 5 am. Hunters may not hunt during special snow 
goose seasons after the closure of the regular goose season. Hunters 
may use only temporary or portable blinds; Hunters may not construct 
pit blinds. No one may hunt within 100 yards of any private property 
boundary. Distance between hunting parties must be at least 200 yards. 
All hunters must sign in and out and report daily harvest at the 
registration box.
    3. Hunters must remove boats, decoys, and blinds from the refuge at 
the conclusion of each days hunt.
* * * * *
    B. Upland Game Hunting. * * *
* * * * *
    3. Hunters may only use or possess nontoxic shot while hunting for 
any permitted birds except wild turkey. Hunters may use lead shot while 
hunting wild turkey.
* * * * *
    9. Section 32.34 Iowa is amended by revising paragraphs B. and C.2. 
of Union Slough National Wildlife Refuge to read as follows:


Sec. 32.34  Iowa.

* * * * *

Union Slough National Wildlife Refuge

* * * * *
    B. Upland Game Hunting. Hunters may hunt upland game in designated 
areas of the refuge subject to the following condition: Hunters may 
only use or possessed nontoxic shot while hunting upland game, except 
wild turkeys. Hunters may possess and use lead shot for wild turkey 
hunting.
    C. Big Game Hunting. * * *
* * * * *
    2. Hunters must remove all hunting stands from the refuge at the 
end of each day's hunt.
* * * * *
    10. Section 32.35 Kansas is amended by adding Marais des Cygnes 
National Wildlife Refuge to read as follows:


Sec. 32.35  Kansas.

* * * * *

Marais des Cygnes National Wildlife Refuge

* * * * *
    A. Hunting of Migratory Game Birds. [Reserved]
    B. Upland Game Hunting. Hunters may hunt upland game on designated 
areas of the refuge consistent with State regulations, and subject to 
refuge-specific regulations as posted.
    C. Big Game Hunting. Hunters may hunt big game on designated areas 
of the refuge consistent with State regulations, and subject to refuge-
specific regulations as posted.
    D. Sport Fishing. Anglers may sportfish in accordance with State 
law and refuge-specific restrictions as posted.
* * * * *
    11. Section 32.36 Kentucky is amended by adding paragraph D.3. of 
Reelfoot National Wildlife Refuge to read as follows:


Sec. 32.36  Kentucky.

* * * * *

Reelfoot National Wildlife Refuge

* * * * *
    D. Sport Fishing. * * *
* * * * *
    3. Anglers may not enter the refuge, or use airboats, hovercraft, 
or jet skis (personal water-craft) on any waters within the refuge 
boundary.
    12. Section 32.37 Louisiana is amended by revising paragraph A. of 
Bayou Cocodrie National Wildlife Refuge; by adding Breton National 
Wildlife Refuge; by revising paragraphs A. and D., of Cameron Prairie 
National Wildlife Refuge; and by revising the text of paragraphs A., 
and D., of Lake Ophelia National Wildlife Refuge to read as follows:


Sec. 32.37  Louisiana.

* * * * *

Bayou Cocodrie National Wildlife Refuge

    A. Hunting of Migratory Game Birds. Hunters may hunt woodcock and 
snipe on designated areas of the refuge subject to the following 
condition: Hunters must possess a refuge permit.
* * * * *

Breton National Wildlife Refuge

    A. Hunting of Migratory Game Birds. [Reserved]
    B. Upland Game Hunting. [Reserved]
    C. Big Game Hunting. [Reserved]
    D. Sport Fishing. Anglers may fish and crab on designated areas of 
the

[[Page 46917]]

refuge subject to the following conditions:
    1. Anglers may fish year-round.
    2. Crabbers must tend crabbing equipment at all times.
    3. Anglers may not use trotlines, slat traps, or nets.
* * * * *

Cameron Prairie National Wildlife Refuge

    A. Hunting of Migratory Game Birds. Hunters may hunt waterfowl on 
designated areas of the refuge subject to the following condition: 
Refuge permits required.
* * * * *
    D. Sport Fishing. Anglers may sport fish in Gibbston Unit. Anglers 
may sport fish and castnet in the East Cove Unit subject to the 
following conditions: Any person entering, using or occupying the 
refuge must abide by all terms and conditions set forth in the 
appropriate refuge fishing brochure.
* * * * *

Lake Ophelia National Wildlife Refuge

    A. Hunting of Migratory Game Birds. Hunters may hunt duck, coots, 
woodcock, and snipe on designated areas of the refuge subject to the 
following condition: Hunters must possess a refuge daily permit.
* * * * *
    D. Sport Fishing. Anglers may fish in designated areas of the 
refuge subject to the following condition: Anglers must possess a 
refuge daily permit.
* * * * *
    13. Section 32.38 Maine is amended by removing the alphabetical 
listing of Pond Island National Wildlife Refuge; by adding paragraph 
A.3., revising the introductory text of B., revising paragraphs B.2., 
B.3., removing B.4., revising C.2., adding C.3. and C.4. of Rachel 
Carson National Wildlife Refuge; and by revising paragraph D. of 
Sunkhaze Meadows National Wildlife Refuge to read as follows:


Sec. 32.38  Maine.

* * * * *

Rachel Carson National Wildlife Refuge

* * * * *
    A. Hunting of Migratory Game Birds.
* * * * *
    3. Designated Youth Hunting Areas are open to individuals under 18 
who possess a permit. An adult must accompany youths under 15 years of 
age. Accompanying adults possessing a permit may hunt.
    B. Upland Game Hunting. Hunters may hunt pheasants on designated 
areas of the refuge subject to the following conditions:
* * * * *
    2. Hunters during the firearm deer season must wear in a 
conspicuous manner on head, chest and back a minimum of 400 square 
inches (10.16 square meters) of solid-colored hunter orange clothing or 
material.
    3. Hunters must possess and use, while in the field, only nontoxic 
shot.
    C. Big Game Hunting. * * *
* * * * *
    2. Designated youth hunting areas are open to individuals under 18 
who possess a permit. An adult must accompany youths under 15 years of 
age. Accompanying adults who possess a permit may hunt.
    3. Hunters may hunt fox and coyotes during the firearm deer season 
only.
    4. Hunters during the firearm deer season must wear in a 
conspicuous manner on head, chest and back a minimum of 400 square 
inches (10.16 square meters) of solid-colored hunter orange clothing or 
material.
* * * * *

Sunkhaze Meadows National Wildlife Refuge

* * * * *
    D. Sport Fishing. Anglers may fish in the waters of and from the 
banks of Sunkhaze Stream, Birch Stream, and Little Birch Stream, in 
accordance with state regulations.
    14. Section 32.39 Maryland is amended by revising paragraph C. and 
by revising paragraph D. of Eastern Neck National Wildlife Refuge to 
read as follows:


Sec. 32.39  Maryland.

* * * * *

Eastern Neck National Wildlife Refuge

* * * * *
    C. Big Game Hunting. Hunters may hunt deer and turkey on designated 
areas of the refuge subject to the following conditions:
    1. Refuge permits required.
    2. The refuge is open to limited turkey hunting during the state 
spring turkey season.
    3. Hunters may only use archery, shotguns, and muzzleloaders for 
deer, and shotguns only for turkey.
    4. Hunters may not possess loaded weapons in parking areas, 
blacktopped or graveled roads.
    5. Deer hunters must wear in a conspicuous manner on head, chest 
and back a minimum of 400 square inches of solid colored hunter orange 
clothing or material.
    6. Turkey hunters must wear a hat or cap of hunter orange when 
moving to or from their blind or hunting position.
    D. Sport Fishing. Anglers may saltwater fish from the Eastern Neck 
Island bridge in accordance with state regulations.
* * * * *
    15. Section 32.40 Massachusetts is amended by revising paragraph D. 
of Oxbow National Wildlife Refuge to read as follows:


Sec. 32.40  Massachusetts.

* * * * *

Oxbow National Wildlife Refuge

* * * * *
    D. Sport Fishing. Anglers may fish along the banks of the Nashua 
River in accordance with state regulations.
* * * * *
    16. Section 32.42 Minnesota is amended by revising the introductory 
text of paragraph B., and adding paragraph B.3. of Tamarac National 
Wildlife Refuge to read as follows:


Sec. 32.42  Minnesota.

* * * * *

Tamarac National Wildlife Refuge

* * * * *
    B. Upland Game Hunting. Hunters may hunt ruffed grouse, red, gray 
and fox squirrel, cottontail rabbit, jackrabbit, snowshoe hare, red 
fox, raccoon, and striped skunk on designated areas of the refuge 
subject to the following conditions:
* * * * *
    3. Shotgun hunters may only use and possess nontoxic shot while 
hunting for all upland game species.
* * * * *
    17. Amend Sec. 32.43 Mississippi by revising paragraphs A., B., and 
C., of Dahomey National Wildlife Refuge; by revising paragraph D. of 
Hillside National Wildlife Refuge; by revising paragraph D. of Mathews 
Break National Wildlife Refuge; by revising paragraph D. of Morgan 
Break National Wildlife Refuge; by revising paragraph D. of Panther 
Swamp National Wildlife Refuge; revising paragraphs A., B., and C., and 
adding paragraphs D.4 and D.5. of St. Catherine Creek National Wildlife 
Refuge to read as follows:


Sec. 32.43  Mississippi.

* * * * *

Dahomey National Wildlife Refuge

    A. Hunting of Migratory Game Birds. Hunters may hunt migratory 
waterfowl and coots on designated areas of the refuge subject to the 
following condition: Refuge permits required.

[[Page 46918]]

    B. Upland Game Hunting. Hunters may hunt squirrel, rabbit, beaver 
and raccoon on designated areas of the refuge subject to the following 
condition: Refuge permits required.
    C. Big Game Hunting. Hunters may hunt deer and turkey on designated 
areas of the refuge subject to the following condition: Refuge permits 
required.
* * * * *

Hillside National Wildlife Refuge

* * * * *
    D. Sport Fishing. Anglers may fish and frog in designated portions 
of the refuge subject to the following condition: Fishermen must 
possess a refuge public use permit.
* * * * *

Mathews Brake National Wildlife Refuge

* * * * *
    D. Sport Fishing. Anglers may fish and frog in designated areas of 
the refuge subject to the following condition: Fishermen must possess a 
refuge public use permit.

Morgan Brake National Wildlife Refuge

* * * * *
    D. Sport Fishing. Anglers may fish and frog in designated portions 
of the refuge subject to the following condition: Fishermen must 
possess a refuge public use permit.
* * * * *

Panther Swamp National Wildlife Refuge

* * * * *
    D. Sport Fishing. Anglers may fish and frog in designated areas of 
the refuge subject to the following condition: Fishermen must possess a 
refuge public use permit.

St. Catherine Creek National Wildlife Refuge

    A. Hunting of Migratory Game Birds. Hunters may hunt ducks, and 
coots in Gilliard Lake only subject to the following conditions:
    1. Refuge permits required.
    2. Hunters may hunt only on Tuesdays, Thursdays, and Saturdays from 
\1/2\ hour before sunrise until 12:00 noon during the State season.
    3. Hunters may not be on the refuge after 1:00 p.m.
    4. Hunters may use portable blinds only and they must be removed 
after each hunt.
    5. Hunters may use approved non-toxic shot only: possession or use 
of lead shot is prohibited.
    6. Hunters may only use a maximum of 15 horse power outboard or 
electric motors.
    7. Hunters may use retriever dogs.
    8. Youth waterfowl hunters may hunt in Gilliard Lake only on the 
weekend after the state regular season closes.
    B. Upland Game Hunting. Hunters may hunt rabbit, squirrel, and 
raccoon on designated areas of the refuge subject to the following 
conditions:
    1. Refuge permits required, and raccoon hunters must have a special 
permit for raccoon night hunting.
    2. Hunters may hunt rabbit and squirrel during two separate 
seasons, one without dogs and one designated with dogs.
    3. Hunters may hunt raccoons, special permit required from 6 p.m. 
until 6 a.m. each night.
    4. Hunters may hunt raccoons with dogs.
    C. Big Game Hunting. Hunters may hunt deer and turkey on designated 
areas of the refuge subject to the following conditions:
    1. Refuge permits required.
    2. Archery and muzzle loading seasons are available. No gun hunts 
for deer.
    3. Hunters may take either sex--4-points or greater (non-resident 
hunters may only harvest antlered deer).
    4. Hunting allowed sunrise to sunset only.
    5. Hunters may use portable deer stands and they must be removed 
after each hunt.
    6. There will be a designated youth hunt for deer.
    7. Youth hunters may hunt turkey on the Sibley unit on designated 
dates.
    8. Five youth hunters will be lottery drawn and may hunt during the 
first weekend and five youth hunters during the second weekend.
    9. Youth hunters must submit lottery applications to the refuge to 
be considered for the drawing.

D. Sport Fishing. * * *

* * * * *
    4. Anglers may not use nets, seines, trotlines or any device for 
taking fish other than rod and reel.
    5. Anglers may not commercial fish.
    18. Section 32.45 Montana is amended by revising paragraphs A., B. 
and D., of Benton Lake National Wildlife Refuge; by revising paragraph 
C of Charles M. Russell National Wildlife Refuge; by revising paragraph 
D. of Lamesteer National Wildlife Refuge; by revising paragraph D. of 
Medicine Lake National Wildlife Refuge and revising paragraph C of UL 
Bend National Wildlife Refuge to read as follows:
* * * * *


Sec. 32.45  Montana.

* * * * *

Benton Lake National Wildlife Refuge

    A. Hunting of Migratory Game Birds. Hunters may hunt migratory game 
birds on designated areas of the refuge in accordance with maps and 
brochures available at refuge headquarters and signs posted on the 
area.
    B. Upland Game Hunting. Hunters may hunt upland game on designated 
areas of the refuge in accordance with maps and brochures available at 
refuge headquarters and signs posted on the area.
* * * * *
    D. Sport Fishing. Anglers may sport fish on designated areas of the 
refuge as posted by signs.
* * * * *

Charles M. Russell National Wildlife Refuge

* * * * *
    C. Big Game Hunting. Hunters may hunt big game subject to refuge 
specific regulations as designated in refuge publications.
* * * * *

Lamesteer National Wildlife Refuge

* * * * *
    D. Sport Fishing. Anglers may sport fish in accordance with state 
law.
* * * * *

Medicine Lake National Wildlife Refuge

* * * * *
    D. Sport Fishing. Anglers may sport fish in accordance with state 
law and refuge restrictions as posted.
* * * * *

UL Bend National Wildlife Refuge

* * * * *
    C. Big Game Hunting. Hunters may hunt big game subject to refuge-
specific regulations as designated in refuge publications.
* * * * *
    19. Section 32.46 Nebraska is amended by revising paragraph D of 
Crescent Lake National Wildlife Refuge; by revising paragraphs A., B., 
C., and D. of Valentine National Wildlife Refuge to read as follows:


Sec. 32.46  Nebraska.

* * * * *

Crescent Lake National Wildlife Refuge

* * * * *
    D. Sport Fishing. Anglers may sport fish in accordance with state 
law and refuge restrictions as posted.
* * * * *

[[Page 46919]]

Valentine National Wildlife Refuge

    A. Hunting of Migratory Game Birds. Hunters may hunt migratory 
birds on designated areas of the refuge subject to refuge specific 
regulations.
    B. Upland Game Hunting. Hunters may hunt upland game on designated 
areas of the refuge subject to refuge specific regulations.
    C. Big Game Hunting. Hunters may hunt big game on designated areas 
of the refuge subject to refuge specific regulations.
    D. Sport Fishing. Anglers may fish in designated portions of the 
refuge subject to refuge specific regulations.
    20. Section 32.47 Nevada is amended by revising paragraphs D.7 and 
D.8. of Ruby Lake National Wildlife Refuge; and revising paragraphs A., 
and D.1. of Sheldon National Wildlife Refuge to read as follows:


Sec. 32.47  Nevada.

* * * * *

Ruby Lake National Wildlife Refuge

* * * * *
    D. Sport Fishing. * * *
* * * * *
    7. Anglers may not store boats of any kind on the refuge from 
January 1 through May 31.
    8. Anglers may wade and bank fish in the South Marsh only at Brown 
Dike, the Main Boat Landing, and Narciss Boat Landing from January 1 
through July 31 annually. Anglers may wade and bank fish in the entire 
South Marsh, from August 1 through December 31, annually.

Sheldon National Wildlife Refuge

    A. Hunting of Migratory Game Birds. Hunters may hunt geese, ducks, 
and coots on designated areas of the refuge in accordance with State 
law and subject to the following conditions:
    1. Waterfowl and coot hunters shall possess and use, while in the 
field, only nontoxic shot.
    2. Hunters may not use motorized boats.
* * * * *
    D. Sport Fishing. * * *
    1. Big Springs Reservoir, Dufurrena Ponds, and Catnip Reservoir--
Anglers may bank fish, fish by wading, or use nonmotorized boats, boats 
with electric motors, float tubes and similar floatation devices only. 
Anglers may not fish from motorized boats.
* * * * *
    21. Section 32.49 New Jersey is amended by adding paragraph A.4., 
of Cape May National Wildlife Refuge; and by revising paragraph C.2. 
and removing paragraph C.3. of Great Swamp National Wildlife Refuge to 
read as follows:


Sec. 32.49  New Jersey.

* * * * *

Cape May National Wildlife Refuge

    A. Hunting of Migratory Game Birds. * * *
* * * * *
    4. Hunters shall possess and use, while in the field, only nontoxic 
shot.
* * * * *

Great Swamp National Wildlife Refuge

* * * * *
    C. Big Game Hunting. * * *
* * * * *
    2. Hunters must wear in a conspicuous manner on head, chest and 
back a minimum of 400 square inches of solid-colored hunter orange 
clothing or material.
* * * * *
    22. Section 32.51 New York is amended by adding Amagansett National 
Wildlife Refuge; revising paragraph D. of Montezuma National Wildlife 
Refuge; and by adding the alphabetical listings of Oyster Bay National 
Wildlife Refuge; Seatuck National Wildlife Refuge; and Target Rock 
National Wildlife Refuge to read as follows:


Sec. 32.51  New York.

* * * * *

Amagansett National Wildlife Refuge

    A. Hunting of Migratory Game Birds. [Reserved]
    B. Upland Game Hunting. [Reserved]
    C. Big Game Hunting. [Reserved]
    D. Sport Fishing. Anglers may surf fish in the Atlantic Ocean from 
the refuge shoreline in accordance with state regulations.
* * * * *

Montezuma National Wildlife Refuge

* * * * *
    D. Sport Fishing. Anglers may access the New York State Barge Canal 
System waters at only three sites on the refuge: the Seneca River 
Fishing Access Site, the May's Point Fishing Area, and the Armitage 
Road Fishing Area. Anglers may either bank fish or boat fish, in 
accordance with state regulations.

Oyster Bay National Wildlife Refuge

    A. Hunting of Migratory Game Birds. [Reserved]
    B. Upland Game Hunting. [Reserved]
    C. Big Game Hunting. [Reserved]
    D. Sport Fishing. Anglers may fish in refuge-controlled waters of 
Oyster Bay. Anglers may also fish from designated areas on the refuge 
shoreline at Mill Pond during daylight hours. All fishing within the 
refuge is in accordance with state regulations.

Seatuck National Wildlife Refuge

    A. Hunting of Migratory Game Birds. [Reserved]
    B. Upland Game Hunting. [Reserved]
    C. Big Game Hunting. [Reserved]
    D. Sport Fishing. Anglers may fish in refuge-controlled waters of 
Great South Bay from boats only. All fishing is in accordance with 
state regulations.

Target Rock National Wildlife Refuge

    A. Hunting of Migratory Game Birds. [Reserved]
    B. Upland Game Hunting. [Reserved]
    C. Big Game Hunting. [Reserved]
    D. Sport Fishing. Anglers may fish in Huntington Bay from the 
refuge shoreline when the refuge is open to visitors. All fishing is in 
accordance with state regulations.
* * * * *
    23. Section 32.52 North Carolina is amended by revising paragraph 
D. of Pocosin Lakes National Wildlife Refuge to read as follows:


Sec. 32.52  North Carolina.

* * * * *

Pocosin Lakes National Wildlife Refuge

* * * * *
    D. Sport Fishing. Anglers may fish in designated areas of the 
refuge subject to the following conditions:
    1. The refuge portion of New Lake and the Pungo Lake is open to 
fishing from March 1 to November 1. The public may not access the 
refuge portion of New Lake and Pungo Unit during the period from 
November 2 to the end of February. Anglers may fish in all other refuge 
waters year round.
    2. Anglers may bank fish only in the Pungo Unit.
    3. Anglers may only fish from sunrise to sunset.
    4. Boats may not be left on the refuge overnight.
* * * * *
    24. Section 32.53 North Dakota is amended by revising paragraph D. 
of Arrowwood National Wildlife Refuge; by revising paragraph D. of 
Audubon National Wildlife Refuge; by revising paragraph B and C 
introductory text, revising paragraphs C.1. and C.2., and removing 
paragraph C.3. of Des Lacs National Wildlife Refuge; by revising 
paragraph B.1. of Lake Zahl National Wildlife Refuge; by revising 
paragraph B. of Tewaukon National Wildlife Refuge; and by adding 
paragraph B.3. of Upper Souris National Wildlife Refuge to read as 
follows:

[[Page 46920]]

Sec. 32.53  North Dakota.

* * * * *

Arrowwood National Wildlife Refuge

* * * * *
    D. Sport Fishing. Anglers may sport fish in accordance with state 
law and refuge restrictions as posted.

Audubon National Wildlife Refuge

* * * * *
    D. Sport Fishing. Anglers may sport fish in accordance with state 
law and refuge restrictions as posted.
* * * * *

Des Lacs National Wildlife Refuge

* * * * *
    B. Upland Game Hunting. Hunters may hunt ringnecked pheasants, 
sharp-tailed grouse, gray partridge, turkey, cottontail rabbit, 
jackrabbits, snowshoe hares and fox on designated areas of the refuge 
subject to the following conditions:
* * * * *
    C. Big Game Hunting. Hunters may hunt deer on designated areas of 
the refuge subject to the following condition:
    1. Archers may hunt throughout the entire State archery season.
    2. Deer hunting with rifle and muzzleloader is subject to all State 
regulations and license units.
* * * * *

Lake Zahl National Wildlife Refuge

* * * * *
    B. Upland Game Hunting. * * *
* * * * *
    1. Hunters may only possess and use nontoxic shot.
* * * * *

Tewaukon National Wildlife Refuge

* * * * *
    B. Hunters may hunt ring-necked pheasants on designated areas of 
the refuge subject to the following conditions:
    1. Hunters may only possess and use nontoxic shot.
* * * * *

Upper Souris National Wildlife Refuge

* * * * *
    B. Upland Game Hunting. * * *
* * * * *
    3. Hunters may only possess and use nontoxic shot.
* * * * *
    25. Section 32.55 Oklahoma is amended by revising paragraphs B. 
introductory text, B.1., B.3., B.4., and adding paragraph B.5. of Deep 
Fork National Wildlife Refuge; adding paragraphs A.4., A.5., revising 
paragraphs B.3. and B.4. of Little River National Wildlife Refuge; 
revising paragraphs B. introductory text, B.2., adding paragraph B.3.; 
and revising paragraph C. introductory text of Optima National Wildlife 
Refuge; revising paragraphs D.1. through D.6. and adding paragraphs 
D.7. through D.12. of Tishomingo National Wildlife Refuge; revising 
paragraph B. introductory text, adding paragraph B.2., revising 
paragraphs D.introductory text, D.1., D.2.; and removing paragraph D.4. 
of Washita National Wildlife Refuge; revising paragraph D.5. of Wichita 
Mountains Wildlife Refuge to read as follows:

Sec. 32.55  Oklahoma.

* * * * *

Deep Fork National Wildlife Refuge

* * * * *
    B. Upland Game Hunting. Hunters may hunt rabbits, squirrels and 
raccoons on portions of the refuge in accordance with state hunting 
regulations subject to the following exceptions and conditions:
    1. Hunters may hunt squirrels on portions of Deep Fork National 
Wildlife Refuge during the state season except the refuge is closed 
during the first half of archery deer season through rifle deer season 
and spring turkey season.
* * * * *
    3. Hunters may only use shotguns with #4 or smaller, non-toxic 
shot.
    4. The refuge leaflet designates all hunting and parking areas.
    5. Hunters may hunt raccoons on portions of Deep Fork National 
Wildlife Refuge during January. Refuge permits required. Dogs allowed. 
Raccoon hunters may use mules only in one area as designated on refuge 
permit.

Little River National Wildlife Refuge

    A. Hunting of Migratory Game Birds. * * *
* * * * *
    4. Hunters must carry refuge hunting permits.
    5. Hunters may hunt waterfowl (ducks) only during designated refuge 
seasons.
    B. Upland Game Hunting. * * *
* * * * *
    3. Hunters may hunt upland game only during designated refuge 
seasons.
    4. Hunters shall possess and use, while in the field, only nontoxic 
shot.
* * * * *

Optima National Wildlife Refuge

* * * * *
    B. Upland Game Hunting. Hunters may hunt pheasants, bobwhite and 
scaled quail, cottontail rabbit and jackrabbit on the refuge in 
accordance with State hunting regulations subject to the following 
conditions:
* * * * *
    2. Closed during the State gun deer season.
    3. Hunting ends at 4:30 p.m. daily.
    C. Big Game Hunting. Hunters may hunt white-tailed deer, mule deer 
and turkey on the refuge in accordance with State hunting regulations 
subject to the following conditions:
* * * * *

Tishomingo National Wildlife Refuge

* * * * *
    D. Sport Fishing. * * *
    1. Anglers may bank and wade fish with pole and line or rod and 
reel year-round in areas open for public fishing access.
    2. Anglers may use boats from March 1 through September 30 in 
designated refuge waters and Wildlife Management Unit.
    3. Anglers may use trotlines and other set tackle only in the 
Cumberland Pool and between the natural banks of the Washita River. 
Anglers must attach set tackle, used in Cumberland Pool, only to 
anchored floats.
    4. Anglers may not use limblines, throwlines, juglines, and yo-
yo's.
    5. Anglers may not use any containers (jugs, bottles) as floats.
    6. Anglers must remove fishing tackle at the end of the boating 
season.
    7. Anglers may no-wake boat fish during the boating season with 
line and pole or rod and reel in: (a) open areas south and west of the 
Cumberland Pool shallow water buoy line; (b) lakes south and west of 
the Washita River; and (c) the Wildlife Management Unit.
    8. Anglers may night fish from boat (during boating season) in the 
Cumberland Pool, except not in the no-wake area south and west of the 
buoy line. Anglers may night fish at the headquarters area, including 
Sandy Creek Bridge, Murray 23, Nida Point, and the Wildlife Management 
Unit.
    9. Anglers may take bait for personal use while fishing in the 
refuge in accordance with Oklahoma State law.
    10. Anglers may bow fish only in the Wildlife Management Unit.
    11. Anglers may not take fish by the use of hands (noodling) in any 
refuge waters.
    12. Anglers may not take frogs, turtles, or mussels.
* * * * *

Washita National Wildlife Refuge

* * * * *
    B. Upland Game Hunting. Hunters may hunt quail and rabbit on 
designated

[[Page 46921]]

areas of the refuge in accordance with State hunting regulations 
subject to the following conditions:
* * * * *
    2. Closed during the State gun deer season.
* * * * *
    D. Sport Fishing. Anglers may fish in designated areas of the 
refuge in accordance with State fishing regulations subject to the 
following conditions:
    1. Anglers may fish from March 15 through October 14 in the Washita 
River and Foss Reservoir. Anglers may bank fish year round from the 
refuge boundary south of Lakeview Recreation to Pitts Creek Recreation 
Area.
    2. Anglers may access fishing areas only from designated parking 
areas and by boat from Foss Reservoir.
* * * * *

Wichita Mountains Wildlife Refuge

* * * * *
    D. Sport Fishing. * * *
* * * * *
    5. Anglers may use electric trolling motors on boats 14' or less in 
length only on Jed Johnson, Rush, Quanah Parker and French Lakes.
* * * * *
    26. Amend Sec. 32.56 Oregon by revising paragraph B. of Hart 
Mountain National Wildlife Refuge, by revising paragraph D. of Lewis 
and Clark National Wildlife Refuge to read as follows:


Sec. 32.56  Oregon.

* * * * *

Hart Mountain National Wildlife Refuge

* * * * *
    B. Upland Game Hunting. Hunters may hunt partridge and coyote on 
designated areas of the refuge.
* * * * *

Lewis and Clark National Wildlife Refuge

* * * * *
    D. Sport Fishing. Anglers may fish in designated areas of the 
refuge.
* * * * *
    27. Section 32.57 Pennsylvania is amended by revising the heading 
of Tinicum National Environmental Center to read as follows:


Sec. 32.57  Pennsylvania.

* * * * *

John Heinz National Wildlife Refuge at Tinicum

* * * * *
    28. Section 32.59 Rhode Island is amended by adding an introductory 
paragraph; by adding the alphabetical listing of Block Island National 
Wildlife Refuge, Ninigret National Wildlife Refuge, Pettaquamscutt Cove 
National Wildlife Refuge, Sachuest Point National Wildlife Refuge, and 
Trustom Pond National Wildlife Refuge to read as follows:


Sec. 32.59  Rhode Island.

    The following refuge units have been opened for hunting and/or 
fishing and are listed in alphabetical order with applicable refuge-
specific regulations.

Block Island National Wildlife Refuge

    A. Hunting of Migratory Game Birds. [Reserved]
    B. Upland Game Hunting. [Reserved]
    C. Big Game Hunting. [Reserved]
    D. Sport Fishing. Anglers may surf fish in the Atlantic Ocean from 
the refuge shoreline in accordance with state regulations.

Ninigret National Wildlife Refuge

    A. Hunting of Migratory Game Birds. [Reserved]
    B. Upland Game Hunting. [Reserved]
    C. Big Game Hunting. [Reserved]
    D. Sport Fishing. Anglers may surf fish in the Atlantic Ocean from 
the refuge shoreline in accordance with state regulations. Anglers may 
saltwater fish and shellfish in Ninigret Pond from the refuge shoreline 
only from sunrise to sunset in accordance with state and refuge 
regulations.

Pettaquamscutt Cove National Wildlife Refuge

    A. Hunting of Migratory Game Birds. [Reserved]
    B. Upland Game Hunting. [Reserved]
    C. Big Game Hunting. [Reserved]
    D. Sport Fishing. Anglers may saltwater fish from the refuge 
shoreline in accordance with state regulations.

Sachuest Point National Wildlife Refuge

    A. Hunting of Migratory Game Birds. [Reserved]
    B. Upland Game Hunting. [Reserved]
    C. Big Game Hunting. [Reserved]
    D. Sport Fishing. Anglers may surf fish in the Atlantic Ocean and 
Sakonnet River from the refuge shoreline in accordance with state 
regulations. Additionally, anglers may night-fish after sunset in 
accordance with state regulations.

Trustom Pond National Wildlife Refuge

    A. Hunting of Migratory Game Birds. Hunters may hunt Canada geese 
and mourning doves on designated areas of the refuge subject to the 
following conditions: State permits required.
    B. Upland Game Hunting. [Reserved]
    C. Big Game Hunting. [Reserved]
    D. Sport Fishing. Anglers may surf fish in the Atlantic Ocean from 
the refuge shoreline from September 16 to March 31 in accordance with 
state and refuge regulations.
    29. Section 32.60 South Carolina is amended by revising paragraph 
A. of Ace Basin National Wildlife Refuge to read as follows:


Sec. 32.60  South Carolina.

* * * * *

Ace Basin National Wildlife Refuge

    A. Hunting of Migratory Game Birds. Hunters may hunt ducks, geese, 
and coots on designated areas of the refuge subject to the following 
condition: Refuge hunting permits required.
* * * * *
    30. Section 32.62 Tennessee is amended by revising paragraph C. of 
Lake Isom National Wildlife Refuge; and adding paragraph D.5. of Lower 
Hatchie National Wildlife Refuge to read as follows:


Sec. 32.62  Tennessee.

* * * * *

Lake Isom National Wildlife Refuge

* * * * *
    C. Big Game Hunting. Hunters may hunt white-tailed deer with 
archery equipment on designated areas of the refuge subject to the 
following condition: Refuge permits required.
* * * * *

Lower Hatchie National Wildlife Refuge

* * * * *
    D. Sport Fishing. * * *
* * * * *
    5. Anglers may only use non-motorized boats and boats with electric 
motors on Sunk Lake Public Use Natural Area.
* * * * *
    31. Section 32.63 Texas is amended by revising paragraphs B.1., and 
C.1. of Balcones Canyonlands National Wildlife Refuge to read as 
follows:


Sec. 32.63  Texas.

* * * * *

Balcones Canyonlands National Wildlife Refuge

* * * * *
    B. Upland Game Hunting. * * *
    1. Hunting will take place in November, December, and/or January.
* * * * *
    C. Big Game Hunting. * * *
    1. Hunting will take place in November, December, and/or January.
* * * * *

[[Page 46922]]

    32. Section 32.64 Utah is amended by adding paragraphs A.9., A.10., 
and B.2. of Bear River Migratory Bird Refuge to read as follows:


Sec. 32.64  Utah.

* * * * *

Bear River Migratory Bird Refuge

    A. Hunting of Migratory Game Birds. * * *
* * * * *
    9. When hunters are in their vehicles, at parking lots, or 
traveling on Refuge roads, all firearms must be completely unloaded 
(including the magazine) and cased or dismantled.
    10. Beginning November 1st through the end of swan season, the 
northwest section of Unit 2 (as designated on the map in the Refuge 
hunting brochure and posted in the field) is restricted to only hunters 
who possess a Utah State Swan permit, and they may not possess or use 
more than ten (10) shells per day.
    B. Upland game hunting. * * *
* * * * *
    2. Pheasants may not be taken with a shotgun of any description 
capable of holding more than three shells, unless it is plugged with a 
one-piece filler, incapable of removal without disassembling the gun, 
so its total capacity does not exceed three shells.
* * * * *
    33. Section 32.66 Virginia is amended by revising the introductory 
text of paragraph C., and adding paragraph C.8. of Great Dismal Swamp 
National Wildlife Refuge to read as follows:


Sec. 32.66  Virginia.

* * * * *

Great Dismal Swamp National Wildlife Refuge

* * * * *
    C. Big Game Hunting. Hunters may hunt deer and bear on designated 
areas of the refuge subject to the following conditions:
* * * * *
    8. Hunters may not possess alcoholic beverages.
* * * * *
    34. Section 32.67 Washington is amended by adding the alphabetical 
listing of Dungeness National Wildlife Refuge and Nisqually National 
Wildlife Refuge; adding paragraphs A.6., and B.5. of Toppenish National 
Wildlife Refuge; amended by adding paragraph C. of Umatilla National 
Wildlife Refuge to read as follows:


Sec. 32.67  Washington.

* * * * *

Dungeness National Wildlife Refuge

    A. Hunting of Migratory Game Birds. [Reserved]
    B. Upland Game Hunting. [Reserved]
    C. Big Game Hunting. [Reserved]
    D. Sport Fishing. Anglers may salt water fish in designated areas 
of the refuge.
* * * * *

Nisqually National Wildlife Refuge

    A. Hunting of Migratory Game Birds. [Reserved]
    B. Upland Game Hunting. [Reserved]
    C. Big Game Hunting. [Reserved]
    D. Sport Fishing. Anglers may salt water fish in designated areas 
of the refuge.
* * * * *

Toppenish National Wildlife Refuge

    A. Hunting of Migratory Game Birds. * * *
* * * * *
    6. Hunters may hunt on Wednesdays, Saturdays, Sundays, Thanksgiving 
day, Christmas day, and New Years day only.
    B. Upland Game Hunting. * * *
* * * * *
    5. Hunters may hunt on Wednesdays, Saturdays, Sundays, Thanksgiving 
day, Christmas day, and New Years day only.
* * * * *

Umatilla National Wildlife Refuge

    C. Big Game Hunting. Hunters may hunt deer on designated areas of 
the refuge subject to the following condition:
    1. Hunting by permit only.
* * * * *
    35. Section 32.68 West Virginia is amended by alphabetically 
listing Canaan Valley National Wildlife Refuge to read as follows:


Sec. 32.68  West Virginia.

* * * * *

Canaan Valley National Wildlife Refuge

    A. Hunting of Migratory Game Birds. Hunters may hunt migratory game 
birds on designated areas of the refuge subject to the following 
conditions:
    1. Hunters must sign and be in the possession of a refuge 
conditional hunting permit at all times while hunting on the refuge.
    B. Upland Game Hunting. Hunters may hunt upland (small) game on 
designated areas of the refuge subject to the following conditions:
    1. Hunters must sign and be in the possession of a refuge 
conditional hunting permit at all times while hunting on the refuge.
    2. Shotgun hunters may use or possess only nontoxic shot while 
hunting upland (small) game on the refuge.
    C. Big Game Hunting. Hunters may hunt big game on designated areas 
of the refuge subject to the following conditions:
    1. Hunters must sign and be in the possession of a refuge 
conditional hunting permit at all times while hunting on the refuge.
    D. Sport Fishing. [Reserved.]
* * * * *
    36. Section 32.69 Wisconsin is amended by adding paragraph B.4., 
and revising paragraph C.5. of Necedah National Wildlife Refuge to read 
as follows:


Sec. 32.69  Wisconsin.

* * * * *

Necedah National Wildlife Refuge

* * * * *
    B. Upland Game Hunting. * * *
* * * * *
    4. Dogs may be used only when hunting upland game birds and 
waterfowl.
    C. Big Game Hunting. * * *
    5. Refuge Area 3 is open to deer hunting during the state's gun, 
muzzle loader, and late archery season.
* * * * *
    37. Section 32.71 Pacific Islands Territory is amended by adding 
the alphabetical listing of Guam National Wildlife Refuge, Kilauea 
Point National Wildlife Refuge, and Midway Atoll National Wildlife 
Refuge to read as follows:


Sec. 32.71  Pacific Islands Territory.

* * * * *

Guam National Wildlife Refuge

    A. Hunting of Migratory Game Birds. [Reserved]
    B. Upland Game Hunting. [Reserved]
    C. Big Game Hunting. [Reserved]
    D. Sport Fishing. Anglers may fish and collect marine life on 
designated areas of the Refuge only in accordance with Refuge Fishing 
Regulations leaflet available at Refuge Headquarters. The use of gill 
nets for catching reef fish will be prohibited after December 31, 1998.
* * * * *

Kilauea Point National Wildlife Refuge

    A. Hunting of Migratory Game Birds. [Reserved]
    B. Upland Game Hunting. [Reserved]
    C. Big Game Hunting. [Reserved]
    D. Sport Fishing. Anglers may salt water fish in designated areas 
of the refuge.

Midway Atoll National Wildlife Refuge

    A. Hunting of Migratory Game Birds. [Reserved]

[[Page 46923]]

    B. Upland Game Hunting. [Reserved]
    C. Big Game Hunting. [Reserved]
    D. Sport Fishing. Anglers may fish and lobster only in accordance 
with a refuge fishing leaflet available at refuge headquarters.

    Dated: August 27, 1998.
Donald Barry,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 98-23564 Filed 9-2-98; 8:45 am]
BILLING CODE 4310-55-U