96-22507. 1996-97 Refuge-Specific Hunting and Sport Fishing Regulations  

  • [Federal Register Volume 61, Number 171 (Tuesday, September 3, 1996)]
    [Rules and Regulations]
    [Pages 46390-46399]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 96-22507]
    
    
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    DEPARTMENT OF THE INTERIOR
    
    Fish and Wildlife Service
    
    50 CFR Part 32
    
    RIN 1018-AD76
    
    
    1996-97 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) amends certain 
    regulations that pertain to migratory game bird hunting, upland game 
    hunting, big game hunting and sport fishing on individual national 
    wildlife refuges for the 1996-97 seasons. Refuge hunting and fishing 
    programs are reviewed annually to determine whether the individual 
    refuge regulations governing these programs should be modified, deleted 
    or have additions made to them. Changing environmental conditions, 
    State and Federal regulations, and other factors affecting wildlife 
    populations and habitat may warrant modifications
    
    [[Page 46391]]
    
    ensuring continued compatibility of hunting and fishing with the 
    purposes for which individual refuges were established. The Service 
    determines that such use is compatible with the purposes for which 
    these refuges were established. The Service further determines that 
    this action is in accordance with the provisions of all applicable 
    laws, is consistent with principles of sound fish and wildlife 
    management, and is otherwise in the public interest by providing 
    additional recreational opportunities at national wildlife refuges.
    
    EFFECTIVE DATE: This rule is effective September 3, 1996.
    
    FOR FURTHER INFORMATION CONTACT: Stephen R. Vehrs, (703) 358-2397.
    
    SUPPLEMENTARY INFORMATION: 50 CFR part 32 contains provisions governing 
    hunting and fishing on national wildlife refuges. Hunting and fishing 
    are regulated on refuges to:
         Ensure compatibility with refuge purposes;
         Properly manage the fish and wildlife resource;
         Protect other refuge values; and
         Ensure refuge user safety.
        On many refuges, the Service policy of adopting 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 the Service meets its 
    management responsibilities, as outlined under the section entitled 
    ``Statutory Authority.'' Refuge-specific hunting and fishing 
    regulations may be issued only after a wildlife refuge is opened to 
    migratory game bird hunting, upland game hunting, big game hunting or 
    sport fishing through publication in the Federal Register. These 
    regulations may 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. Previously issued refuge-specific regulations for hunting 
    and fishing are contained in 50 CFR part 32. Many of the amendments to 
    these sections are being promulgated to standardize and clarify the 
    existing language of these regulations.
        Text in this final rule is somewhat different than that used in the 
    proposed rule because it reflects conformity to plain English writing 
    standards. In the June 24, 1996, issue of the Federal Register (61 FR 
    32415-32422) the Service published a proposed rulemaking containing a 
    description of the refuges, their proposed hunting and/or fishing 
    programs and invited public comment.
        The State of New Jersey, Department of Environmental Protection, 
    Division of Fish, Game and Wildlife, commented that the proposed rule 
    did not include any openings for sport fishing in New Jersey. This 
    concern has been forwarded to the Service's Regional Director, having 
    jurisdiction in New Jersey. To open new fishing programs in New Jersey, 
    a separate rulemaking is necessary. The refuge managers, in 
    consultation with other Fish and Wildlife Service offices and the New 
    Jersey Division of Fish, Game and Wildlife, will determine whether to 
    open additional public fishing areas on refuges in New Jersey through a 
    compatible use determination process.
        The State of Utah, Department of Natural Resources, Division of 
    Wildlife Resources commented that the proposed regulations for Bear 
    River Migratory Bird Refuge were overly restrictive regarding: (1) The 
    requirement for cased or dismantled firearms while being carried and/or 
    transported on the refuge, since this regulation is more restrictive 
    than State law; (2) refuge closure 90 minutes after hunting hours, 
    where at least two hours should be allowed; and (3) a ten-shell limit 
    for swan hunting could create a significant law enforcement problem.
        The Humane Society of the United States (HSUS) generally supports 
    the changes made to the refuge regulations, but expressed concern about 
    hunting tundra swans on this refuge and other national wildlife 
    refuges. They were supportive of steps taken by the refuge manager to 
    better regulate the swan hunt. The HSUS further recommends that the 
    number of shotshells used to hunt swans be limited to five shells.
        The Fund for Animals Inc. commented on the proposed 1995-96 late 
    season migratory bird hunting frameworks, 60 FR 44463 (August 28, 
    1995), and the Draft Bear River Refuge Hunt Plan Environmental 
    Assessment (DEA). Both of these documents follow a separate public 
    comment process and therefore will be responded to elsewhere and not 
    addressed in this rulemaking.
        The Biodiversity Legal Foundation (BLF) commented that regulations 
    for Bear River Migratory Bird Refuge are insufficient to protect and 
    encourage adequate restoration of the trumpeter swan in Utah. They 
    specifically recommend: (1) The refuge be closed 60 minutes after 
    shooting time to discourage sky-busting and the resultant crippling of 
    swans. They feel this is more than sufficient time to accumulate all 
    equipment and depart from the refuge; (2) illegal shooting from dikes 
    is well documented and the Service should take all necessary steps to 
    eliminate this activity, particularly on those areas that lie between 
    closed (security) areas where low flying trumpeters are observed; and 
    (3) the Service should consider the kind of regulations and recovery 
    effects that would exist if the trumpeter were listed under the ESA. 
    They suggest that these same recovery goals should be in effect at this 
    time; and refuge regulations clearly allow for an excessive and 
    unreasonable incidental take (mortality) of trumpeters in contradiction 
    to the Migratory Bird Treaty Act.
        The Service has reviewed the above comments regarding proposed 
    changes in waterfowl hunting regulations at the Bear River Migratory 
    Bird Refuge. A number of alternatives were considered while trying to 
    improve the swan hunt with a minimum impact to waterfowlers and 
    birdwatchers. The Service considered: assigning blinds; limiting hunter 
    numbers; closing portions of the Refuge to swan hunting; requiring 
    check-in and check-out; limiting shooting hours and requiring swan 
    hunters to pass a special training class.
        The requirement for all guns, when not being used in the act of 
    hunting, to be dismantled or cased when in vehicles is a System-wide 
    regulation contained in 50 CFR 27.42(b), therefore, the proposed refuge 
    specific regulation for Bear River is removed from this final rule.
        The Service will extend the refuge closing time from the proposed 
    ninety minutes to two hours after shooting time ends. This will allow 
    adequate time for avid hunters with decoys to traverse remote areas of 
    the refuge during darkness. However, we remain concerned with the 
    possibility of increased wildlife disturbance, lost or injured hunters 
    and those who may avoid being checked by enforcement officers. Refuge 
    patrol plans will be made to specifically address these issues.
        The Service feels it is important to retain the regulation 
    requiring a 10-shell possession limit for swan hunting. Hunters may 
    reasonably expect to be successful within this 10-shell limit. This 
    technique has worked well at other refuges, along with modified law 
    enforcement techniques, to minimize shooting at out-of-range birds.
        In an effort to improve the overall quality of refuge visits for 
    both hunters and birdwatchers, time and space zoning will be used to 
    better separate the two activities.
        The Refuge Manager understands the above concerns about hunting at 
    the
    
    [[Page 46392]]
    
    Bear River NWR, and will continue to consult with representatives of 
    the Utah Division of Wildlife Resources, The Humane Society of the 
    United States, The Fund for Animals, Inc. and the Biodiversity Legal 
    Foundation. The Refuge Manager will closely monitor this year's hunt 
    program and has ample authority to place greater restrictions, amend, 
    and/or relax these refuge specific hunting requirements during the 
    course of the season with local, public/hunter notice in accordance 
    with 50 CFR,32.3(f).
        This rule is effective upon publication. The Service has determined 
    that any further delay in the implementation of these refuge-specific 
    hunting and sport fishing regulations would not be in the public 
    interest in that it would hinder the effective planning and 
    administration of the hunting and fishing programs. The Service 
    received public comment on these proposals during the 30-day comment 
    period and delay of an additional 30 days would jeopardize holding the 
    hunting and/or fishing programs this year, or shorten their duration 
    and thereby lessen the management effectiveness of this regulation. 
    Therefore, the Service finds good cause to make this rule effective 
    upon publication (5 U.S.C. 553(d)(3)).
    
    Statutory Authority
    
        The National Wildlife Refuge System Administration Act (NWRSAA) of 
    1966, as amended (16 U.S.C. 668dd), and the Refuge Recreation Act of 
    1962 (16 U.S.C. 460k) govern the administration and public use of 
    national wildlife refuges. Specifically, Section 4(d)(1)(A) of the 
    NWRSAA authorizes the Secretary of the Interior to permit the use of 
    any area within the Refuge System for any purpose, including but not 
    limited to, hunting, fishing, and public recreation, accommodations, 
    and access, when he determines that such uses are compatible with the 
    major purpose(s) for which the area was established.
        The Refuge Recreation Act (RRA) 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 it is 
    practicable and not inconsistent with the primary purpose(s) for which 
    the areas were established. The NWRSAA and the RRA also authorize the 
    Secretary to issue regulations to carry out the purposes of the Acts 
    and regulate uses.
        The Service develops hunting and sport fishing plans for each 
    existing refuge prior to opening it to hunting or fishing. It also 
    develops refuge-specific regulations, in many cases, to ensure the 
    compatibility of the programs with the purposes for which the refuge 
    was established. An interim determination of compatibility for hunting 
    and sport fishing on newly acquired refuges, made at the time of 
    acquisition, ensures initial compliance with the NWRSAA and the RRA. 
    This process ensures the determinations required by these acts were 
    made prior to the addition of refuges to the lists of areas open to 
    hunting and fishing in 50 CFR part 32. The Service ensures 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.
        The Service determines that this action is in accordance with the 
    provisions of all applicable laws, is consistent with principles of 
    sound fish and wildlife management, helps implement Executive Order 
    12962 (Recreational Fisheries), and is otherwise in the public interest 
    by providing additional recreational opportunities at national wildlife 
    refuges. Sufficient funds are available within the refuge budgets to 
    operate the hunting and sport fishing programs as proposed.
    
    Paperwork Reduction Act
    
        The Service has examined this regulation under the Paperwork 
    Reduction Act of 1995 and has found it to contain no information 
    collection requirements.
    
    Economic Effect
    
        Service review has revealed that the rulemaking will increase 
    hunter and fishermen visitation to the surrounding area of the refuges 
    before, during or after the recreational uses, compared to closing the 
    refuges to these recreational uses. When the Service acquired these 
    lands, all public use ceased under law until opened to the public in 
    accordance with this rulemaking.
        Refuges generally are located away from large metropolitan areas. 
    Businesses in the area of the refuges consist primarily of small 
    family-owned stores, restaurants, gas stations and other small 
    commercial enterprises. In addition, there are several small commercial 
    and recreational fishing and hunting camps and marinas in the general 
    areas. This rule has a positive effect on such entities; however, the 
    amount of revenue generated is not large.
        Many area residents enjoy a rural lifestyle that includes frequent 
    recreational use of the abundant resources of the area. A high 
    percentage of the households enjoy hunting, fishing, and boating in 
    area wetlands, rivers and lakes. Refuge lands generally were not 
    available for public use prior to government acquisition; however, 
    friends and relatives of the landowners fished and hunted there and 
    some lands operated under commercial hunting and fishing leases. Many 
    nearby residents also participate in other forms of nonconsumptive 
    outdoor recreation such as biking, hiking, camping, birdwatching, 
    canoeing, and other outdoor sports.
        Economic impacts of refuge fishing and hunting programs on local 
    communities are calculated from average expenditures in the ``1995 
    National Survey of Fishing, Hunting, and Wildlife-Associated 
    Recreation''. In 1995, 42 million U.S. residents 16 years old and older 
    hunted and/or fished. More specifically, 37 million fished and 14.5 
    million hunted. Those who both fished and hunted account for the 9.5 
    million overage. Nationwide expenditures by sportsmen totaled $42 
    billion. Trip-related expenditures for food, lodging, and 
    transportation were $16 billion or 37 percent of all fishing and 
    hunting expenditures; equipment expenditures amounted to $19 billion, 
    or 46 percent of the total; other expenditures such as those for 
    magazines, membership dues, contributions, land leasing, ownership, 
    licenses, stamps, tags, and permits accounted for $6.9 billion, or 16 
    percent of all expenditures. Overall, anglers spent an average of $41 
    per day. For each day of hunting, big game hunters averaged spending 
    $40, small game hunters $20, and migratory bird hunters $33.
        At these 40 National Wildlife Refuges in 24 states, 816,000 
    fisherman are expected to spend $33.5 million annually in pursuit of 
    their sport, while an estimated 203,000 hunters will spend $6.7 million 
    annually hunting on the refuges. While many of these fishermen and 
    hunters already made expenditures prior to the refuge opening, 
    additional expenditures directly are due to the new recreational 
    opportunities being provided by the land now being open to the general 
    public.
        This rulemaking was not subject to Office of Management and Budget 
    review under Executive Order 12866. A review under the Regulatory 
    Flexibility Act of 1980 (5 U.S.C. 601 et seq.) has revealed that 
    although the rulemaking would increase visitation and expenditures in 
    the surrounding area of the refuge, it would not have a significant 
    effect on a substantial number of small entities in the area, such as 
    businesses, organizations and governmental jurisdictions.
    
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    Environmental Considerations
    
        The Service ensures compliance with the National Environmental 
    Policy Act of 1969 (NEPA) (42 U.S.C. 4332(C)) when it develops hunting 
    and sport fishing plans, and the required determinations are made prior 
    to the addition of refuges to the lists of areas open to hunting and 
    fishing in 50 CFR part 32. The Service reviewed the changes in hunting 
    and fishing herein adopted with regard to Section 7 of the Endangered 
    Species Act of 1973 (16 U.S.C. 1531-1543) and found them to either have 
    no effect on or not likely to adversely affect listed species or 
    critical habitat. The amendments 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 employs the exclusion 
    found at 516 DM 6, App.1.4 B(5) as these amendments are ``[m]inor 
    changes in the amounts or types of public use on FWS or State-managed 
    lands, in accordance with regulations, management plans, and 
    procedures.'' These refuge-specific hunting and fishing revisions to 
    existing regulations qualify or otherwise define an existing 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. Information regarding 
    hunting and fishing permits and the conditions that apply to individual 
    refuge hunts and sport fishing activities, and maps of the respective 
    areas are at refuge headquarters and can be obtained from the regional 
    offices of the U.S. Fish and Wildlife Service 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 (505) 766-1829.
    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 (612) 725-3507.
    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 (404) 679-7152.
    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; Telephone (413) 
    253-8550.
    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 (303) 236-8145.
    Region 7--Alaska. Assistant Regional Director--Refuges and Wildlife, 
    U.S. Fish and Wildlife Service, 1011 E. Tudor Rd., Anchorage, Alaska 
    99503; Telephone (907) 786-3545.
    
    Unfunded Mandates
    
        The Service has determined and certifies pursuant to the Unfunded 
    Mandates Act, 2 U.S.C. 1502 et seq., that this rulemaking will not 
    impose a cost of $100 million or more in any given year on local or 
    State governments or private entities.
    
    Civil Justice Reform
    
        The Department has determined that these final regulations meet the 
    applicable standards provided in Sections 3(a) and 3(b)(2) of Executive 
    Order 12988.
    
    Primary Author
    
        Stephen R. Vehrs, 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.
    
        Accordingly, Part 32 of Chapter I of Title 50 of the Code of 
    Federal Regulations is amended 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, and 715i.
    
    
    Sec. 32.7  [Amended]
    
        2. Section 32.7  List of refuge units open to hunting and/or 
    fishing, is amended by alphabetically adding the listings ``Windom 
    Wetland Management District'' to the State of Minnesota; ``William L. 
    Finley National Wildlife Refuge'' to the State of Oregon; ``Upper 
    Mississippi River National Wildlife and Fish Refuge'' to the State of 
    Wisconsin; and revising the existing name of ``Patuxent Wildlife 
    Research Center'' to read ``Patuxent Research Refuge'' in the State of 
    Maryland.
        3. Section 32.23 Arkansas is amended by adding paragraph D.3. to 
    Cache River National Wildlife Refuge to read as follows:
    
    
    Sec. 32.23  Arkansas.
    
    * * * * *
    
    Cache River National Wildlife Refuge
    
    * * * * *
        D. Sport Fishing. * * *
    * * * * *
        3. Fishermen must fish and frog in accordance with refuge 
    regulations and applicable state fishing and frogging regulations.
    * * * * *
        4. Section 32.24 California is amended by revising paragraph A.7., 
    of Lower Klamath National Wildlife Refuge; and by revising paragraph 
    A.2., of Salton Sea National Wildlife Refuge to read as follows:
    
    
    Sec. 32.24  California.
    
    * * * * *
    
    Lower Klamath National Wildlife Refuge
    
        A. Hunting of Migratory Game Birds. * * *
    * * * * *
        7. Hunters may only use nonmotorized boats and boats with electric 
    motors on units 4b and 4c from the start of hunting season through 
    November 30. Hunters may use motorized boats on units 4b and 4c from 
    December 1 through the end of hunting season.
    * * * * *
    
    Salton Sea National Wildlife Refuge
    
        A. Hunting of Migratory Game Birds. * * *
    * * * * *
        2. Hunters must hunt from assigned blinds on the Union Tract and 
    within
    
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    100 feet (.9144 meters) of blind sites on the Hazard Tract, except when 
    shooting to retrieve crippled birds.
    * * * * *
        5. Section 32.28 Florida is amended by revising paragraphs A. and 
    D. of Merritt Island National Wildlife Refuge to read as follows:
    
    
    Sec. 32.28  Florida.
    
    * * * * *
    
    Merritt Island National Wildlife Refuge
    
        A. Hunting of Migratory Game Birds. Hunters may hunt ducks and 
    coots in designated areas of the refuge subject to the following 
    conditions:
        1. Hunters must possess a valid refuge hunting permit at all times 
    while hunting on the refuge.
        2. Hunters may hunt only on Wednesday, Saturday, Sunday, and the 
    following holidays: Thanksgiving, Christmas, and New Years Day only 
    within the designated state season.
        3. Hunters may hunt only in four designated areas of the refuge 
    subject to delineation in the refuge hunting map and brochure, 
    including the open waters of Mosquito Lagoon, Indian River, and 
    designated impoundments outside the NASA security area.
        4. Hunting hours are one-half hour before sunrise until 1:00 pm. 
    each hunting day.
        5. Hunters in Areas 1, 2 or 4 must complete and carry proof of 
    completing an approved hunter safety training course. Hunters in Area 3 
    born after June 1, 1975 must complete and carry proof of completing an 
    approved hunter safety training course in accordance with State law.
        6. An adult 21 years of age or older must supervise and remain in 
    sight and normal voice contact with hunters under the age of 16.
        7. The public must not enter the refuge between sunset and sunrise 
    except: hunters may access the refuge for waterfowl hunting only after 
    2:00 am each hunting day during waterfowl hunting season; and a valid 
    refuge hunting permit must be in possession during these times.
        8. Hunters may not park along Blackpoint Wildlife Drive or 
    Playalinda Beach Road for the purposes of waterfowl hunting.
        9. Hunters may not trespass or hunt migratory game birds in refuge 
    areas posted ``AREA CLOSED''.
        10. Vehicles must use only designated public access routes and boat 
    launching areas north and south of Haulover Canal.
        11. Hunters must not construct permanent above ground, or pit 
    blinds, nor dig into dikes.
        12. Hunters must not shoot from within 10 feet of any dike, 
    roadway, or railroad fill.
        13. Hunters must remove decoys, boats, and other personal property 
    from the refuge by 2:00 pm daily.
        14. Refuge guides must purchase and have Guide Permits on their 
    person while in the field hunting.
        15. Hunters may not launch boats off Black Point Wildlife Drive.
        16. Hunters may not use air thrust boats, hovercraft, jetskis or 
    similar craft on refuge waters.
        17. Boats must not exceed ``Idle Speed'' in Bairs Cove nor 8 mph or 
    ``Slow speed-Minimum Wake'' in Haulover Canal.
    * * * * *
        D. Sport Fishing. Fishermen may fish, crab, clam, oyster and shrimp 
    in designated areas of the refuge subject to the following conditions:
        1. Fishermen may night fish from a boat only in Mosquito Lagoon, 
    Indian River, Banana River, and Haulover Canal. All fishermen must 
    possess a valid refuge night fishing permit.
        2. Fishermen must attend their lines at all times.
        3. Vehicles must use only designated public access routes and boat 
    launching areas north and south of Haulover Canal.
        4. Fishermen may not launch boats from Black Point Wildlife Drive.
        5. Fishermen may not use air thrust boats, hovercraft, jetskis or 
    similar craft on refuge waters.
        6. Fishermen may launch or moor boats only between sunset and 
    sunrise at Beacon 42 fish camp and Bairs Cove at Haulover Canal 
    Recreation Area.
        7. The public must not use motorized boats in the Banana River 
    Manatee sanctuary (north of KARS Park on the west side of the Barge 
    Channel and north of the Air Force power line on the east side of the 
    Barge Channel). This includes any boat having an attached motor or a 
    non-attached motor that is capable of use (including electric trolling 
    motors). This regulation is in effect throughout the year.
        8. Boats must not exceed ``Idle Speed'' in Bairs Cove and KARS 
    Marina nor 8 mph or ``Slow speed-Minimum Wake'' in Haulover Canal.
        9. The public must not enter the refuge between sunset and sunrise 
    except fishermen may launch boats while fishing from Beacon 42 Fish 
    Camp or Bairs Cove at Haulover Canal. Nighttime fishermen must also 
    possess a valid refuge fishing permit while fishing on the refuge.
    * * * * *
        6. Section 32.32 Illinois is amended by removing paragraph A.4., 
    and revising paragraphs D.2. and D.5 of Chautauqua National Wildlife 
    Refuge; by revising paragraphs C.1. and D.1. of Crab Orchard National 
    Wildlife Refuge; by revising Mark Twain National Wildlife Refuge; by 
    revising paragraphs D.1., D.2., D.3., adding paragraph D.4. of 
    Meredosia National Wildlife Refuge; and revising paragraph A.1., adding 
    paragraph A.3., revising paragraphs B.1., B.2. and B.3.; revising 
    paragraphs C.1., C.2., and C.3. of Upper Mississippi River Wildlife and 
    Fish Refuge to read as follows:
    
    
    Sec. 32.32  Illinois.
    
    * * * * *
    
    Chautauqua National Wildlife Refuge
    
    * * * * *
        D. Sport Fishing. * * *
    * * * * *
        2. Anglers must not use more than two poles and each pole may not 
    have more than two hooks or lures attached while fishing in the 
    Kikunessa Pool of Chautauqua National Wildlife Refuge.
    * * * * *
        5. The public may not enter Weis Lake on the Cameron-Billsbach Unit 
    of Chautauqua National Wildlife Refuge from October 16 through January 
    14, to provide sanctuary for migratory birds.
    
    Crab Orchard National Wildlife Refuge
    
    * * * * *
        C. Big Game Hunting. * * *
        1. Hunters must possess a special permit issued by the Illinois 
    Department of Natural Resources.
    * * * * *
        D. Sport Fishing. * * *
        1. Fishermen may fish from boats all year west of Wolf Creek Road.
        2. From March 15 through September 30 fishermen may fish from boats 
    east of Wolf Creek Road.
        3. Fishermen may fish from the bank east of Wolf Creek Road all 
    year, but only at the Wolf Creek and Route 148 causeways.
        4. Fishermen must remove trotlines and jugs west of Wolf Creek Road 
    from sunrise to sunset from Memorial Day through Labor Day.
        5. Fishermen must remove trotlines and jugs from the entire lake on 
    the last day of use.
        6. Fishermen may anchor trotlines only with portable weights that 
    are removed from the water, along with the trotlines and jugs.
        7. Fishermen must not use stakes or employ any floatation device 
    which has previously contained any petroleum based materials or toxic 
    substances.
        8. Fishermen may use all non-commercial fishing methods except
    
    [[Page 46395]]
    
    those requiring underwater breathing apparatus.
    * * * * *
    
    Mark Twain National Wildlife Refuge
    
        A. Hunting of Migratory Game Birds. Hunters may hunt migratory game 
    birds on designated areas of the refuge subject to posted regulations.
        B. Upland Game Hunting. Hunters may hunt upland game on designated 
    areas of the refuge subject to posted regulations.
        1. Hunters must possess and use only nontoxic shot while hunting 
    all permitted birds, except wild turkeys. Hunters may possess and use 
    lead shot for hunting wild turkey.
        C. Big Game Hunting. Hunters may hunt white-tailed deer on 
    designated areas of the refuge subject to posted regulations.
        D. Sport Fishing. Fishermen may fish on designated areas of the 
    refuge subject to posted regulations.
    
    Meredosia National Wildlife Refuge
    
    * * * * *
        D. Sport Fishing. * * *
        1. Fishermen may sport fish on all refuge waters during daylight 
    hours from January 15 through October 15.
        2. From October 16 through January 14, fishermen may fish south of 
    Carver Lake by foot access only.
        3. Private boats may not be left in refuge waters overnight.
        4. Motorboats must not exceed ``slow speed/minimum wake.''
    
    Upper Mississippi River National Wildlife and Fish Refuge
    
        A. Hunting of Migratory Game Birds. * * *
        1. Hunters may not hunt migratory birds on refuge closed areas 
    posted ``Area Closed'', on the Goose Island ``No Hunting'' zone in Pool 
    8, and on the Upper Halfway Creek Marsh ``No Hunting'' zone in Pool 7.
    * * * * *
        3. Hunters may only use and possess nontoxic shot when hunting for 
    any permitted migratory bird.
        B. Upland Game Hunting. * * *
        1. Hunters may not hunt or possess firearms between March 15 and 
    the opening of the State fall hunting seasons except that hunters may 
    hunt wild turkeys during the State spring turkey season.
        2. Hunters may hunt on refuge areas posted as ``Area Closed'' 
    beginning the day after the close of the applicable State duck hunting 
    season until season closure or March 15, whichever occurs first, except 
    that hunters may hunt wild turkey during the State spring wild turkey 
    season.
        3. Hunters must not hunt at any time within the Goose Island ``No 
    Hunting'' zone in Pool 8, nor Upper Halfway Creek Marsh ``No Hunting'' 
    zone in Pool 7.
    * * * * *
        C. Big Game Hunting. * * *
        1. Hunters may only hunt until season closure or March 15, 
    whichever date occurs first.
        2. Hunters may hunt on refuge areas posted ``Area Closed'' 
    beginning the day after the close of the applicable State duck hunting 
    season until season closure or March 15, whichever date occurs first.
        3. Hunters must not hunt at any time on the Goose Island ``No 
    Hunting'' zone in Pool 8 and Upper Halfway Creek Marsh ``No Hunting'' 
    zone in Pool 7.
    * * * * *
        7. Section 32.34 Iowa is amended by removing paragraph C.2., and 
    redesignating paragraphs C.3. and C.4. as paragraphs C.2. and C.3. of 
    Desoto National Wildlife Refuge; and by removing paragraphs C.6. and 
    C.7. of Driftless Area National Wildlife Refuge; and revising the 
    introductory text of paragraph B. and paragraph B.2. of Walnut Creek 
    National Wildlife Refuge to read as follows:
    
    
    Sec. 32.34  Iowa.
    
    * * * * *
    
    DeSoto National Wildlife Refuge
    
    * * * * *
        C. Big Game Hunting. * * *
    * * * * *
        2. Hunters must not construct or use permanent blinds, platforms or 
    ladders at any time.
        3. Hunters must remove all hunting stands from the refuge by the 
    close of the season.
    * * * * *
    
    Walnut Creek National Wildlife Refuge
    
    * * * * *
        B. Upland Game Hunting. Hunters may hunt ringnecked pheasants, 
    bobwhite quail, cottontail rabbits, and squirrels on designated areas 
    of the refuge subject to the following conditions:
    * * * * *
        2. Hunters may hunt from the opening of state season until closed 
    on the dates posted by the refuge manager.
    * * * * *
        8. Section 32.36 Kentucky is amended by revising paragraphs A., B., 
    and C., of Ohio River Islands National Wildlife Refuge to read as 
    follows:
    
    
    Sec. 32.36  Kentucky.
    
    * * * * *
    
    Ohio River Islands 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. Each hunter must have in his possession a current copy of the 
    Ohio River Islands National Wildlife Refuge Hunting Regulations Leaflet 
    while participating in a refuge hunt.
        B. Upland Game Hunting. Hunters may hunt rabbit and squirrel on 
    designated areas of the refuge subject to the following conditions:
        1. Hunters must not use dogs for pursuit while rabbit hunting.
        2. Hunters may only use shotguns for taking squirrels and rabbits.
        3. Each hunter must have in his possession a current copy of the 
    Ohio River Islands National Wildlife Refuge Hunting Regulations Leaflet 
    while participating in a refuge hunt.
        4. Hunters will possess and use, while in the field, only nontoxic 
    shot.
        C. Big Game Hunting. Hunters may hunt white-tailed deer on 
    designated areas of the refuge subject to the following conditions:
        1. Hunters may only archery hunt.
        2. Hunters may not hunt by organized deer drives of two or more 
    hunters. The definition of a drive is: the act of chasing, pursuing, 
    disturbing or otherwise directing deer so as to make the animals more 
    susceptible to harvest.
        3. Hunters may not bait deer on refuge lands.
        4. Each hunter must have in his possession a current copy of the 
    Ohio River Islands National Wildlife Refuge Regulations Leaflet while 
    participating in a refuge hunt.
    * * * * *
        9. Section 32.37 Louisiana is amended by revising paragraph C.1., 
    of D'Arbonne National Wildlife Refuge; by revising paragraph A. of Lake 
    Ophelia National Wildlife Refuge; and revising paragraph C.1. of Upper 
    Ouachita National Wildlife Refuge to read as follows:
    
    
    Sec. 32.37  Louisiana.
    
    * * * * *
    
    D'Arbonne National Wildlife Refuge
    
    * * * * *
        C. Big Game Hunting. * * *
        1. Hunters may hunt either-sex deer with firearms during the second 
    and third either-sex firearms seasons for Union Parish.
    * * * * *
    
    Lake Ophelia National Wildlife Refuge
    
        A. Hunting of Migratory Game Birds. Hunters may hunt ducks and 
    coots on
    
    [[Page 46396]]
    
    designated areas of the refuge subject to the following condition:
        1. Hunters must possess a refuge daily permit.
    * * * * *
    
    Upper Ouachita National Wildlife Refuge
    
    * * * * *
        C. Big Game Hunting. * * *
        1. Hunters may hunt either-sex deer with firearms during the second 
    and third either-sex firearms seasons for Union Parish.
    * * * * *
        10. Section 32.38 Maine is amended by revising paragraphs A., B., 
    and C., of Rachel Carson National Wildlife Refuge to read as follows:
    
    
    Sec. 32.38  Maine.
    
    * * * * *
    
    Rachel Carson National Wildlife Refuge
    
        A. Hunting of Migratory Game Birds. Hunters may hunt ducks, geese, 
    coots, woodcock and snipe on designated areas of the refuge subject to 
    the following conditions:
        1. Hunters must possess a refuge permit.
        2. Hunters must remove all personal property from the refuge after 
    each day's hunt.
        B. Upland Game Hunting. Hunters may hunt upland game birds, gray 
    squirrel, cottontail rabbit, snowshoe hare, fox and coyote on 
    designated areas of the refuge subject to the following conditions:
        1. Hunters must possess a refuge permit.
        2. Hunters may hunt fox and coyote only during the State firearm 
    deer season.
        3. Hunters during firearms big game 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.
        4. Hunters will possess and use, while in the field, only nontoxic 
    shot.
        C. Big Game Hunting. Hunters may hunt deer on designated areas of 
    the refuge subject to the following conditions:
        1. Hunters must possess a refuge permit.
        2. Hunters during firearms big game 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.
    * * * * *
        11. Section 32.39 Maryland is amended by revising the refuge 
    heading, the introductory text of paragraphs A., B., and C.; and 
    revising paragraph D., of Patuxent Research Refuge, to read as follows:
    
    
    Sec. 32.39  Maryland.
    
    * * * * *
    
    Patuxent Research Refuge
    
        A. Hunting of Migratory Game Birds. Hunters may hunt migratory game 
    birds on designated areas of the refuge subject to the following 
    conditions:
    * * * * *
        B. Upland Game Hunting. Hunters may hunt upland game 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 conditions:
    * * * * *
        D. Sport Fishing. Fishermen may fish in designated waters of the 
    refuge at designated times subject to the following conditions:
        1. Fishermen may fish only in delineated areas as shown on a map 
    available at the refuge.
        2. Fresh water fishing and boating laws of the State of Maryland 
    apply to include opening/closing of seasons and creel limits.
        3. Fishermen may use hook and line tackle and baits permitted by 
    Maryland law, with the exception of live minnows or other fish.
        4. Special provisions: Cash Lake, a 54 acre lake located on the 
    South Tract requires a federal permit to fish, and a limit of 25 daily 
    permits will be issued. Persons may request a permit application by 
    contacting: National Wildlife Visitor Center, Laurel, Maryland, during 
    normal working hours. Each request must include the person's name, 
    address, and phone number, and the model, year and license number of 
    the vehicle that will drive to the refuge. You may request a fishing 
    date 1 week prior to when you plan to fish. One licensed angler or up 
    to two children under the age of 16 may accompany the permit holder. 
    Open season is June 15 through October 15: 6 a.m. to legal sunset 
    daily. You may fish for the following species: Bass, pickerel, catfish, 
    and sunfish. Daily creel limits: bass, catch and release only; 
    pickerel, catch and release only except you may keep one pickerel 
    greater than 15 inches in length; sunfish and catfish, 15 per day total 
    fish limit. Permittees may use boats subject to the following 
    conditions: no gasoline motors permitted; You may not trailer boats to 
    the water; boats other than canoes may not exceed 14 feet; you may not 
    use sailboats or kayaks.
        12. Section 32.40 Massachusetts is amended by revising paragraph 
    C., of Parker River National Wildlife Refuge to read as follows:
    
    
    Sec. 32.40  Massachusetts.
    
    * * * * *
    
    Parker River National Wildlife Refuge
    
    * * * * *
        C. Big Game Hunting. Hunters may hunt white-tailed deer on 
    designated areas of the refuge subject to the following conditions:
        1. Hunters must possess a refuge permit.
    * * * * *
        13. Section 32.42 Minnesota is amended by revising introductory 
    text of paragraph B., of Rice Lake National Wildlife Refuge; by adding 
    in alphabetical order Windom Wetland Management District to read as 
    follows:
    
    
    Sec. 32.42  Minnesota.
    
    * * * * *
    
    Rice Lake National Wildlife Refuge
    
    * * * * *
        B. Upland Game Hunting. Hunters may hunt ruffed grouse, spruce 
    grouse, grey and fox squirrels, cottontail rabbit and snowshoe hare on 
    designated areas of the refuge.
    
    Windom Wetland Management District
    
        A. Hunting of Migratory Game Birds. Hunters may hunt migratory game 
    birds throughout the district except that hunters may not hunt on the 
    Worthington Waterfowl Production Area in Nobles County.
        B. Upland Game Hunting. Hunters may hunt upland game throughout the 
    district except that hunters may not hunt on the Worthington Waterfowl 
    Production Area in Nobles County.
        C. Big Game Hunting. Hunters may hunt big game throughout the 
    district except that hunters may not hunt on the Worthington Waterfowl 
    Production Area in Nobles County.
        D. Sport Fishing. Fishermen may fish throughout the district.
        14. Section 32.43 Mississippi is amended by revising paragraph D., 
    of Dahomey National Wildlife Refuge to read as follows:
    
    
    Sec. 32.43  Mississippi.
    
    * * * * *
    
    Dahomey National Wildlife Refuge
    
    * * * * *
        D. Sport Fishing. Fishermen may fish on designated areas of the 
    refuge subject to the following condition:
    
    [[Page 46397]]
    
        1. Fishermen must possess a refuge permit.
    * * * * *
        15. Section 32.44 Missouri is amended by revising paragraphs B., 
    C., and D., of Mingo National Wildlife Refuge to read as follows:
    
    
    Sec. 32.44  Missouri.
    
    * * * * *
    
    Mingo National Wildlife Refuge
    
    * * * * *
        B. Upland Game Hunting. Hunters may hunt upland game on designated 
    areas of the refuge subject to posted regulations.
        C. Big Game Hunting. Hunters may hunt big game on designated areas 
    of the refuge subject to posted regulations.
        D. Sport Fishing. Fishermen may fish on designated areas of the 
    refuge subject to posted regulations.
    * * * * *
        16. Section 32.47 Nevada is amended by revising paragraph B., of 
    Ash Meadows National Wildlife Refuge; and by revising paragraphs D.2, 
    D.4., D.5., and D.8. of Ruby Lake National Wildlife Refuge to read as 
    follows:
    
    
    Sec. 32.47  Nevada.
    
    * * * * *
    
    Ash Meadows National Wildlife Refuge
    
    * * * * *
        B. Upland Game Hunting. Hunters may hunt quail, cottontail rabbits, 
    and jackrabbits on designated areas of the refuge subject to the 
    following conditions:
        1. Hunters may hunt cottontail rabbits and jackrabbits only during 
    the State quail hunting season.
        2. Hunters must only use shotguns.
    * * * * *
    
    Ruby Lake National Wildlife Refuge
    
    * * * * *
        D. Sport Fishing. * * *
    * * * * *
        2. Fishermen may only fish on dikes in the areas north of the Brown 
    Dike and east of the Collection Ditch with the exception that you may 
    fish by wading and from personal flotation devices (float tubes) in 
    Unit 21.
    * * * * *
        4. Fishermen may annually, beginning June 15 and continuing until 
    December 31, only use motorless boats or boats with battery powered 
    electric motors on the South Marsh.
        5. Fishermen may annually, beginning August 1 and continuing until 
    December 31, use boats propelled with a motor or combination of motors 
    in the aggregate, but not to exceed 10 horse-power rating, on the South 
    Marsh.
    * * * * *
        8. Fishermen may bank fish in the South Marsh only at Brown Dike, 
    the Main Boat Landing, and Narciss Boat Landing.
    * * * * *
        17. Section 32.49 New Jersey is amended by revising paragraph A. 
    and adding paragraphs A.1., A.2., and A.3., of Cape May National 
    Wildlife Refuge to read as follows:
    * * * * *
    
    
    Sec. 32.49  New Jersey.
    
    * * * * *
    
    Cape May National Wildlife Refuge
    
        A. Hunting of Migratory Game Birds. Hunting of waterfowl, coots, 
    moorhens and rails, common snipe, and woodcock is permitted in 
    designated areas of the refuge subject to State of New Jersey 
    regulations and the following special refuge conditions:
        1. All persons while hunting migratory game birds, except 
    waterfowl, 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.
        2. All hunting blind materials, boats, and decoys must be removed 
    at the end of each hunting day. Permanent and pit blinds are not 
    permitted.
        3. The common snipe season on the refuge begins with the early 
    woodcock south zone season. (The refuge common snipe season will 
    continue through the end of the State-set common snipe season.)
    * * * * *
        18. Section 32.50 New Mexico is amended by revising paragraphs A.1. 
    and D., of Bitter Lake National Wildlife Refuge to read as follows:
    
    
    Sec. 32.50  New Mexico.
    
    * * * * *
    
    Bitter Lake National Wildlife Refuge
    
        A. Hunting of Migratory Game Birds. * * *
        1. Hunters may hunt for migratory game birds only on Tuesdays, 
    Thursdays, and Saturdays of each week until 1 p.m.
    * * * * *
        D. Sport Fishing. [Reserved]
    * * * * *
        19. Section 32.52 North Carolina is amended by revising paragraphs 
    C. and D.3., of Mattamuskeet National Wildlife Refuge; and revising 
    introductory language of paragraphs A., B., C. and D., and revising 
    paragraphs B.1., D.1-5; and removing paragraphs B.2-4 of Pee Dee 
    National Wildlife Refuge to read as follows:
    
    
    Sec. 32.52  North Carolina.
    
    * * * * *
    
    Mattamuskeet National Wildlife Refuge
    
    * * * * *
        C. Big Game Hunting. Hunters may hunt white-tailed deer on 
    designated areas of the refuge subject to the following condition:
        1. Hunters must possess a refuge permit.
        D. Sport Fishing. * * *
    * * * * *
        3. Fishermen may not dip herring (alewife).
    * * * * *
    
    Pee Dee National Wildlife Refuge
    
        A. Hunting of Migratory Game Birds. Hunters may hunt mourning doves 
    on designated areas of the refuge subject to the following condition:
        1. Hunters must possess a refuge permit.
        B. Upland Game Hunting. Hunters may hunt quail, squirrel, rabbit, 
    raccoon and opossum on designated areas of the refuge subject to the 
    following condition:
        1. Hunters must possess a refuge permit.
        C. Big Game Hunting. Hunters may hunt white-tailed deer on 
    designated areas of the refuge subject to the following condition:
        1. Hunters always must possess a refuge permit and a special quota 
    permit for gun deer hunts.
        D. Sport Fishing. Fishermen may fish in designated waters of the 
    refuge subject to the following conditions:
        1. Fishermen may fish with a pole and line or rod and reel from 
    March 15 to October 15 during daylight hours only.
        2. Fishermen may use boats in Andrews Pond, Beaver Ponds, and 
    Arrowhead Lake only.
        3. Fishermen may only use electric motors in refuge waters.
        4. Fishermen may not possess or use of trotlines, set hooks, gigs, 
    yo-yo's, jug-lines, limblines, nets, seines, fish traps, and other 
    similar equipment on the refuge.
        5. Fishermen may not possess or use minnows as bait on the refuge.
        6. Fishermen may not frog or turtle on the refuge.
        7. The refuge may close certain fishing areas at anytime for 
    management purposes.
    * * * * *
        20. Section 32.55 Oklahoma is amended by revising paragraphs B. and 
    C., of Deep Fork National Wildlife
    
    [[Page 46398]]
    
    Refuge; and by revising paragraphs A., B.1., B.2., C. and D.1.; adding 
    paragraphs B.3, B.4., B.5. and D.4., of Sequoyah National Wildlife 
    Refuge to read as follows:
    
    
    Sec. 32.55  Oklahoma.
    
    * * * * *
    
    Deep Fork National Wildlife Refuge
    
        A. Hunting of Migratory Game Birds. [Reserved]
        B. Upland Game Hunting. Hunters may hunt squirrels on portions of 
    the refuge in accordance with State hunting regulations subject to the 
    following exceptions and conditions:
        1. Hunters may not hunt squirrels on the refuge during the first 
    half of the archery deer season.
        2. Hunters may use only shotguns with non-toxic shot.
        3. The refuge leaflet designates parking and hunting areas.
        C. Big Game Hunting. Hunters may hunt white-tailed deer on 
    designated portions of Deep Fork NWR subject to the following 
    conditions:
        1. Hunters must pay fees and obtain a refuge permit.
        2. Hunters must not drive off designated refuge roads.
        3. Each hunter entering the refuge must possess a refuge permit.
    * * * * *
    
    Sequoyah National Wildlife Refuge
    
        A. Hunting of Migratory Game Birds. Hunters may hunt waterfowl, 
    dove, coots, rail, snipe and woodcock on designated areas of the refuge 
    subject to the following conditions:
        1. The Sequoyah National Wildlife Refuge is open during seasons, 
    dates, and times as posted by signs and/or indicated on refuge 
    leaflets, special regulations, permits, and maps.
        2. All hunters shall possess and use, while in the field, only 
    nontoxic shot.
        3. Hunters may not build pits or permanent blinds.
        4. Neither hunters nor dogs may enter closed areas to retrieve 
    game.
        5. Hunters may not hunt or shoot within 50 ft. (15.24 meters) of 
    designated roads or parking areas.
        6. Hunters may only hunt with shotguns and bows with arrows 
    (excluding broadhead arrows).
        7. Hunters must remove decoys, boats and other personal property 
    from the refuge following each days hunt.
        B. Upland Game Hunting. * * *
        1. The Sequoyah National Wildlife Refuge is open during seasons, 
    dates, and times as posted by signs and/or indicated on refuge 
    leaflets, special regulations, permits, and maps.
        2. All hunters shall possess and use, while in the field, only 
    nontoxic shot.
        3. Neither hunters nor dogs may enter closed areas to retrieve 
    game.
        4. Hunters may not shoot or hunt within 50 ft.(15.24 meters) of 
    designated roads or parking areas.
        5. Hunters may only hunt with shotguns and bows with arrows 
    (excluding broadhead arrows).
        C. Big Game Hunting. Hunters may hunt white-tailed deer on 
    designated areas of the refuge subject to the following conditions:
        1. Hunters must pay fees and obtain a refuge permit.
        2. All hunters must attend a hunter orientation briefing prior to 
    each hunt.
        D. Sport Fishing. * * *
        1. The Sequoyah National Wildlife Refuge is open to fishing as 
    specified on refuge leaflets, special regulations, permits, maps, or as 
    posted on signs.
    * * * * *
        4. Fishermen may not take turtles or mussels.
    * * * * *
        21. Section 32.56 Oregon is amended by revising paragraphs B.3, of 
    Cold Springs National Wildlife Refuge; by revising paragraph B.3. of 
    McKay Creek National Wildlife Refuge, and by revising paragraph B.3. of 
    Umatilla National Wildlife Refuge to read as follows:
    
    
    Sec. 32.56  Oregon.
    
    * * * * *
    
    Cold Springs National Wildlife Refuge
    
    * * * * *
        B. Upland Game Hunting. * * *
    * * * * *
        3. Hunters shall possess and use, while in the field, only nontoxic 
    shot.
    * * * * *
    
    McKay Creek National Wildlife Refuge
    
    * * * * *
        B. Upland Game Hunting. * * *
    * * * * *
        3. Hunters shall possess and use, while in the field, only nontoxic 
    shot.
    * * * * *
    
    Umatilla National Wildlife Refuge
    
        A. Hunting of Migratory Game Birds. * * *
    * * * * *
        B. Upland Game Hunting. * * *
    * * * * *
        3. Hunters shall possess and use, while in the field, only nontoxic 
    shot.
    * * * * *
        22. Section 32.57 Pennsylvania is amended by revising paragraphs 
    A., B. and C., of Ohio River Islands National Wildlife Refuge to read 
    as follows:
    
    
    Sec. 32.57  Pennsylvania.
    
    * * * * *
    
    Ohio River Islands 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. Each hunter must have in his possession a current copy of the 
    Ohio River Islands National Wildlife Refuge Hunting Regulations Leaflet 
    while participating in a refuge hunt.
        B. Upland Game Hunting. Hunters may hunt rabbits and squirrels on 
    designated areas of the refuge subject to the following conditions:
        1. Hunters may not use dogs for pursuit while rabbit hunting.
        2. Hunters may only use shotguns for hunting squirrels and rabbits.
        3. Each hunter must have in his possession a current copy of the 
    Ohio River Islands National Wildlife Refuge Hunting Regulations Leaflet 
    while participating in a refuge hunt.
        4. Hunters will possess and use, while in the field, only nontoxic 
    shot.
        C. Big Game Hunting. Hunters may hunt white-tailed deer on 
    designated areas of the refuge subject to the following conditions:
        1. Hunters may only archery hunt.
        2. Hunters may not hunt deer with organized deer drives by two or 
    more hunters. A drive hereby is defined as the act of chasing, 
    pursuing, disturbing or otherwise directing deer so as to make the 
    animals more susceptible to harvest.
        3. Hunters must not bait deer on refuge lands.
        4. Each hunter must have in his possession a current copy of the 
    Ohio River Islands National Wildlife Refuge Regulations Leaflet while 
    participating in a refuge hunt.
    * * * * *
        23. Section 32.64 Utah is amended by revising paragraphs A., B. and 
    D. 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. Hunters may hunt geese, ducks, 
    coots, and tundra swan on designated areas of the refuge subject to the 
    following conditions:
        1. Hunters may not shoot or hunt within 100 yards (30.48 meters) of 
    principal refuge roads (the tour route).
        2. While in the field, hunters shall possess and use only nontoxic 
    shot.
        3. Hunters may not use pits or permanent blinds.
        4. Airboats are permitted only in Unit 9 and in Block C of the 
    Refuge.
    
    [[Page 46399]]
    
        5. Refuge closes two (2) hours after sunset (end of shooting 
    hours), including parking sites. Decoys, boats, vehicles and other 
    personal property may not be left on the refuge overnight.
        6. Hunters may only park in designated parking sites.
        7. Hunters who take or attempt to take tundra swans must possess a 
    Utah State Swan Permit and may not possess or use more than 10 shells 
    per day while hunting swans.
        8. Any person entering, using or occupying the refuge for waterfowl 
    hunting must abide by all the terms and conditions in the Refuge 
    Hunting Brochure.
        B. Upland Game Hunting. Hunters may hunt pheasants on designated 
    areas of the refuge subject to the following conditions:
        1. While in the field, hunters shall possess and use only nontoxic 
    shot.
        C. Big Game Hunting. * * *
        D. Sport Fishing. Fishermen may fish on designated areas of the 
    refuge subject to the following conditions:
        1. Fishermen may fish year-round in designated areas of the Refuge.
    * * * * *
        24. Section 32.65 Vermont is amended by revising introductory text 
    of paragraph B., and revising paragraph B.2. of Missisquoi National 
    Wildlife Refuge to read as follows:
    
    
    Sec. 32.65  Vermont.
    
    * * * * *
    
    Missisquoi National Wildlife Refuge
    
    * * * * *
        B. Upland Game Hunting. Hunters may hunt rabbits, ruffed grouse and 
    squirrels on designated areas of the refuge subject to the following 
    conditions:
    * * * * *
        2. Hunters may not use rifles on that portion of the refuge lying 
    east of the Missisquoi River.
    * * * * *
        25. Section 32.66 Virginia is amended by revising paragraph C., of 
    Chincoteague National Wildlife Refuge to read as follows:
    * * * * *
    
    
    Sec. 32.66  Virginia.
    
    * * * * *
    
    Chincoteague National Wildlife Refuge
    
    * * * * *
        C. Big Game Hunting. Hunters may hunt white-tailed deer and sika in 
    designated areas of the refuge subject to the following conditions:
        1. Hunters must possess a refuge permit.
    * * * * *
        26. Section 32.67 Washington is amended by revising paragraph A., 
    of Ridgefield National Wildlife Refuge; and by revising paragraph B.2., 
    of Toppenish National Wildlife Refuge to read as follows:
    
    
    Sec. 32.67  Washington.
    
    * * * * *
    
    Ridgefield National Wildlife Refuge
    
        A. Hunting of Migratory Game Birds. Hunters may hunt geese, ducks, 
    and coots on designated areas of the refuge subject to the following 
    condition:
        1. Hunting is by permit only.
    * * * * *
    
    Toppenish National Wildlife Refuge
    
    * * * * *
        B. Upland Game Hunting. * * *
    * * * * *
        2. Hunters shall possess and use, while in the field, only nontoxic 
    shot.
    * * * * *
        27. Section 32.69 Wisconsin is amended by revising paragraphs B.1., 
    B.2., C.4. and D., of Necedah National Wildlife Refuge; and adding 
    Upper Mississippi River National Wildlife and Fish Refuge 
    alphabetically to read as follows:
    
    
    Sec. 32.69  Wisconsin.
    
    * * * * *
    
    Necedah National Wildlife Refuge
    
    * * * * *
        B. Upland Game Hunting. * * *
        1. Hunters must unload or case guns in the retrieval zone of Refuge 
    Area 7 during the State waterfowl hunting season.
        2. During the spring turkey hunting season only, persons with an 
    unexpired State spring turkey permit in possession may enter and hunt 
    wild turkeys in all open refuge areas.
    * * * * *
        C. Big Game Hunting. * * *
    * * * * *
        4. Refuge Areas 1, 2, 4, 5, 6 and 7 are open to deer hunting.
    * * * * *
        D. Sport Fishing. Fishermen may fish in designated waters of the 
    refuge at designated times subject to the following conditions.
        1. Fishermen may use non-motorized boats in Sprague-Goose Pools 
    only when these pools are open to fishing. Fishermen may use motorized 
    boats in Suk Cerney Pool.
    * * * * *
    
    Upper Mississippi River National Wildlife and Fish Refuge Refer to 
    32.32 Illinois for regulations.
    
        28. Section 32.71 Pacific Islands Territory is amended by revising 
    paragraphs D.1., D.3., D.4., removing paragraph D.5., and redesignating 
    paragraph D.6 as paragraph D.5. of Johnson Atoll National Wildlife 
    Refuge to read as follows:
    
    
    Sec. 32.71  Pacific Islands Territory.
    
    * * * * *
    
    Johnson Atoll National Wildlife Refuge
    
    * * * * *
        D. Sport Fishing. * * *
        1. Fishermen may take lobsters of 3\1/4\-inch carapace length or 
    more in the lagoon area from September 1 through May 31, but not by 
    spearing, traps, or the use of pry bars or related methods destructive 
    to coral; fishermen may not take female lobsters bearing eggs at any 
    time.
    * * * * *
        3. Fishermen or divers may not take fish by the use of a spear 
    ``gun'', either above or below the water. Hand-propelled spears or 
    ``Hawaiian Slings'' consisting of a single shaft propelled by a rubber 
    tube are permitted for underwater fishing.
        4. The public may not, by any means, collect, export or take any 
    form of live or dead coral.
    * * * * *
        Dated: August 27, 1996.
    George T. Frampton, Jr.,
    Assistant Secretary for Fish and Wildlife and Parks.
    [FR Doc. 96-22507 Filed 8-30-96; 8:45 am]
    BILLING CODE 4310-55-P
    
    
    

Document Information

Effective Date:
9/3/1996
Published:
09/03/1996
Department:
Fish and Wildlife Service
Entry Type:
Rule
Action:
Final rule.
Document Number:
96-22507
Dates:
This rule is effective September 3, 1996.
Pages:
46390-46399 (10 pages)
RINs:
1018-AD76
PDF File:
96-22507.pdf
CFR: (27)
50 CFR 32.7
50 CFR 32.23
50 CFR 32.24
50 CFR 32.28
50 CFR 32.32
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